Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda - 04/09/2001
e w A GEhrDA ~VOODBURN CITY CO UNCI~ April g~ 2001- 7.'OOp. m. 270Montgomery Street ~ ~ Woodburn~ Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. April 23, 2001 - 7:00 p.m. - Public hearing on the annexation of all lands surrounded by the City of Woodburn. B. May 6, 2001 - 1:00 p.m. to 4:00 p.m. -Spa Day at Woodburn Aquatic Center .................................................... 3B Appointments: - None PRESENTATIONS/PROCLAMATIONS Presentations: A. Skate Park Committee B. Library Employee of the Year Proclamations: C. April - Woodburn Spring Cleanup Month 2001 ........................ 4C COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS A. Bo League of Oregon Cities announcement of the Local Government Institute - a series on governing body leadership ....................... 6A Marion County Growth Management Project - Board of Commissioners Work Session - Tuesday, April 17, 2001 at 9:00 a.m. at Courthouse Square.. 6B BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - City Council Agenda o£April 9, 2001. 11. 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. Ae City Council minutes of March 5, 2001 workshop and March 12 2001 regular meeting ............................................... Recommended action: Approve Council minutes of March 5, 2001 workshop and March 12, 2001 regular meeting. 8A Be Draft Park Board minutes of March 13, 2001 ........................... 8B Recommended action: Accept draft Park Board minutes of March 13, 2001 Ce Library Board minutes of February 14, 2001 and draft minutes of March 14, 2001 ................................................... 8C Recommended action: Accept Library Board minutes of February 14, 2001 and draft minutes of March 14, 2001. 0 Police Department Activities for February 2001 ....................... 8D Recommended action: Receive Police Dept. Activity Report for Feb. 2001. Eo Planning Tracking Sheet ............................................ 8E Recommended action: Receive the Planning Tracking Sheet Fe Library Statistics Report for February 2001 ........................... SF Recommended action: Receive the Library Statistic Report for February 2001 Ge Woodburn Library Activity Calendar for April 2001 ................... 8G Recommended action: Receive the Woodburn Library Activity Calendar for April 2001. Ho Claims for the month of March 2001 ................................. 8H Recommended action: Approve claims for the month of March 2001. TABLED BUSINESS PUBLIC HEARINGS Ae Supplemental Review of Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04 (Woodburn Company Stores Phases 2 & 3) .............................................. 10A Recommended action: By motion, authorize staff to prepare an ordinance adopting supplemental findings which support approval of Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04. GENERAL BUSINESS Council Bill No. 2299 - Ordinance relating to telecommunications within the City and providing for the management of public rights of way ...... Recommended action: Adopt the ordinance relating to telecommunications within the City and providing for the management of public rights of way. llA Page 2 - City Council Agenda of April 9, 2001. Be Ee Fe Ge He Jo Council Bill No. 2300 - Resolution calling for a public hearing on Annexation Case No. 01-00 (Friendly GMC) .......................... llB Recommended action: Adopt the resolution calling for a public hearing on May 14, 2001 to consider Annexation Case No. 01-00 (Friendly GMC). Council Bill No. 2301 - Resolution authorizing the City of Woodburn to apply for a Local Government Grant from Oregon Parks and Recreation Dept. for playground renovation at Legion Park ...................... llC Recommended action: Approve the resolution authorizing the City of Woodburn to apply for a local government grant from Oregon Parks and Recreation Dept for playground renovation at Legion Park. Council Bill No. 2302 - Resolution authorizing the City of Woodburn to Apply for a Local Government Grant from Oregon Parks and Recreation Dept. for the Skate Park .......................................... llD Recommended action: Approve the resolution authorizing the City of Woodburn to apply for a Local Government Grant from Oregon Parks and Recreation Dept. for the Skate Park. Bid Award: Manhole Rehabilitation ................................. llE Recommended action: Approve award of Bid No. 21-10for Manhole Rehabilitation to low bidder Geico Services, Inc in the amount of $29,575.00 Bid Award: Willow Avenue Sanitary Sewer Rehabilitation .............. llF Recommended action: Approve award of Bid No. 21-07for Willow Avenue Sanitary Sewer Rehabilitation to low bidder, C. R. Woods Trucking, Inc. in the amount of $10,896.50. Bid award: Centennial Park Security Lighting ....................... llG Recommended action: Approve award of bid for Centennial Park Security Lighting to low bidder, Kunert Electric in the amount of $24,964. Bid Award: Centennial Park Fencing and Concrete work .............. llH Recommended action: Approve award of bid for Centennial Park fencing and concrete work to low bidder, Geico Construction Company in the amount of 77, 797.50. Authorization for City Administrator to sign the Safe Drinking Water Revolving Loan Application for a water treatment plant project .......... llI Recommended Action: By motion, authorize the City Administrator to sign the Safe Drinking Water Revolving Loan Application for a water treatm en t plan t project. Cost sharing for improvement of Highway 99E railroad crossing ......... llJ Recommended action: By motion, authorize cost sharing not to exceed $5,000 for the improvement of Highway 99E railroad crossing. Page 3 - City Council Agenda of April 9, 2001. K. .. llK Right-of-Way Dedication - Parr Road/Settlemier Avenue Improvement Recommended action: ~4ccept the right-of-way dedication in conjunction with the Parr Road/Settlemier ~4venue improvement. 12. Request for sound amplification permit and closure of Warzynski Plaza on May 13, 2001 from 12:00 p.m. - 8:00 p.m. for a Mother's Day Celebration ...................................................... llL Recommended action: ~4pprove sound amplification and closure of ~Karz. ynski Plaza on May 13, 2001from 12:00p. m. - 8:00 p. m. for Mother's Day Celebration PUBLIC COMMENT 13. NEW BUSINESS 14. 15. 16. 17. 18. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. Ae Planning Commission's Action on Partition 00-06, Variance 01-01 and 01-02 and Lot Line Adjustment 01-02 for property located at 1690 Laurel Avenue .............................................. 14A CITY ADMINISTRATOR'S REPORT A. DirectLink cable television service update ........................... 15A MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION Ae To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0 ADJOURNMENT Page 4 - City Council Agenda of April 9, 2001. Tt~e search is o~er for tt~e perfect Mothers Day Gift! Give your mother (grandmother, wife, sister, or aunt) a day of indu(gentpampering at the 'Woodburn :Memorial~tquatic Center SPA DAy 3B~ On Sunday May 6 from ~pm to 4pm She can take a water aerobics class, relax in the spa and sauna, have aff~~ manicure ~a f acia~ andeven get a massage! Refreshments willbe served. Cost is on. ly $15. oo Participation is limited, andpre-registration is required, So stop by the Woodburn :~Vlemorial3~quatic Center today andsign 'up the special lady in your life: Even if that lady is ~9o Oak St, 'Woodburn 981-S~VISq or 982-5288 Proclamation 4C Woodburn Spring Cleanup Month 2001 WHEREAS, the goal of the Woodburn Spring Cleanup Month 2001 is to bring together youth, government, businesses and the community to help clean up the City and share pride in Woodburn; and WHEREAS, all citizens of Woodburn play a vital role in making Woodburn a more livable place; and WHEREAS, the Woodburn Livability Task Force organizes cleanup programs in the fall and spring to make Woodburn a more livable City~ and WHEREAS, the Woodburn Spring Cleanup Month 2001 will extend from March 22 to April 21, culminating in a citywide cleanup along the major thoroughfares in our City on April 21; and WHEREAS, the livability of the Woodburn community will be enhanced by these efforts; NOW, THEREFORE, I, RICHARD JENNINGS, MAYOR OF WOODBURN, OREGON, do hereby proclaim the month of April "Woodburn Spring Cleanup Month 2001" in the City of Woodburn, and call upon all citizens, businesses, churches, and civic organizations to recognize that livability starts in your own front yard, to work with your friends and neighbors during the month of April to make Woodburn a beautiful place to live, and to take pride in your City and participate in the citywide cleanup effort on Saturday, April 21 th Signed this 0th day of April, 2001 RiEt~,ard Jennlngs,/v~yor For further information, contact: Caryn Tilton, CT Consulting & Associates Phone: 1-800-752-5446 Fax: 503-622-5030 Emaii: caryn(~ctconsultin~.com NEWS RELEASE 6A FOR IMMEDIATE RELEASE FEBRUARY 2001 The League of Oregon Cities would like to Announce the all New LOCAL GOVERNANCE INSTITUTE The League of Oregon CRies is answering the call to provide ongoing, timely information to all elected city officials and all other appointed or elected officials in Oregon by creating the Local Governance Institute. In addition to all appointed or elected officials, the League invites potential candidates, staff, members of the media, and involved citizens to participate in the training and resource opportunities provided by the Local Governance Institute. "I highly encourage you to attend this exciting new workshop. The knowledge gained will benefit you in your leadership role." Dick Townsend, Director of the League of Oregon Cities Local Governance Institute Presents a Series On GOVERNING BODY LEADERSHIP Beginning in March the all-new Local Governance Institute, formerly the Newly Elected Officials workshop, will begin its first annual training series on Governing Body Leadership. Adventures in Governing will be the theme for 2001. Participants will be involved in lively discussions about challenging situations. To kick the workshops offthey will have the opportunity to earn "jungle mugs" by offering improvement suggestions to a hilarious governing body bloopers video featuring local talent, It's a Jungle Out There! Enrollment is Open To · All elected or appointed governing body (boards/commissions) officials in Oregon · Staff · Members of the media Potential candidates · Interested citizens · Interested spouses · Excellent Primer for Newly Elected City Officials Page 1 of 2 Facilitators/Speakers · Dick Townsend, Director, League of Oregon Cities · Pat Hearn, Executive Director Government Standards and Practices Commission · Caryn Tilton, Government Services Consultant, CT Consulting & Associates · Sandra Al'p, Legal Consultant and Associate, CT Consulting & Associates and American Legal Publishing · Local Subject Matter Experts including League of Oregon Cities Past Presidents, City Recorders and Budget and Finance experts. Topics will include the following information: · Valuable insights on what can and can't be done in the eyes of the law. · How to manage citizen involvement. · You won! Approaching your new roles and responsibilities as a winner. · Tips for keeping the agenda, the governing body members and the audience in check. · Living with Employment Laws - An ounce of prevention is worth 1000 pounds of cure! · Learn all about public meetings, records, notices, contracts, and ethics laws. · How to develop consensus in building a strategic plan. · Making "cents" of Oregon budget law, budget cycles, and budget development. Dates/Places March 16/17, 2001 March 24, 2001 March 31,2001 April 7, 2001 April 20/21,2001 April 27/28, 2001 May 5, 2001 May 11/12, 2001 May 18/19, 2001 Ashland (Southern Oregon University) Sutherlin (Sutherlin Community Center) Corvallis (Corvallis City Library) Tillamook (Tillamook High School Cafeteria) Coos Bay (Southwestern Oregon Community College-Newmark Center) Beaverton (Beaverton City Library) Ontario (Holiday Inn) Pendleton (Pendleton Convention Center) Bend (Inn At The Seventh Mountain) Times Two-Day Sessions: "Adventures in Governing" will be Friday, 9:00 a.m. to 4:30 p.m. and Saturday, 9:00 a.m. to 4:45 p.m. One-Day Sessions: "Adventures in Governing" will Saturday, 8:30 a.m. to 5:00 p.m. Fee: $125.00 (two day); $95.00 (one day). Includes: · Instruction and the Governing Body Leadership Handbook · Local Governance Institute Certificate · Electronic Networking Participant List · Unlimited Access to the Leadership Resource Center · Free attendance to one of three full-day Local Governance Institute summer workshops: o Land Use Decisions o Employee Lawsuits - Learn How to Minimize Your Legal Liability o Strategic Planning TO REQUEST A REGISTRATION FORM · Call the League of Oregon Cities, 1-800-452-0338 · Or Call Caryn Tilton, 1-800-752-5446 · Or register on line by going to the Leadership Resource Center cargn~ctconsulting.com 6A Page 2 of 2 LEA MARION cOUNTY GROWTH MANAGEMENT PROJECT Tuesday, April 17th 9:00 - 11:00 am Senator Hearing Room 1233 Courthouse Square, 555 Court St NE, Salem Board of Commissioners Worksession The Board will receive a presentation'on the Growth Management Project that covers both Phases I and II, including the development of the growth alternatives for the county. The project update will also look at the next steps involving coordination with cities on a cooperative strategy to address growth issues. Join us! Your presence and participation in this project is valuable. For more information please contact Les Sasaki or Brandon Reich at 503-588-5038. 8A COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING Tape 1 Side A DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 5, 2001. CONVENED. The Water Master Plan workshop convened at 6:10 pm with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bj elland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Absent Councilor Nichols Present Councilor Sifuentez Absent Water Master Committee Members Present: Mike Kilmurray, Preston Tack, Charlotte Hillyer, Scott Burlingham Staff Present: City Administrator Brown, Public Works Director Tiwari, Public Works Manager Rohman, Water Superintendent Sutter, City Recorder Tennant Consultant: John Ghilarducci, Financial Consulting Solutions Group, Inc. Public Works Manager Rohman reviewed the committee work completed to date on the Master Plan. He stated that the committee has been working on a treatment pilot study, review of the location, source water production, regulatory updates, and rate and SDC study review. Water treatment was reviewed by the committee for the purpose of (1) satisfying public requirements which included removal of iron and manganese and treatment processes that would avoid the use of chlorine, (2) complying with changing federal and state regulations, (3) providing adequate water storage for fire and emergency situations and to improve the efficiency of operations, and (4) economically meet future water needs of the community. The committee is proposing that the following improvements be incorporated into the master plan to meet City needs to the year 2015: A) Water treatment plants be located at: 1) Industrial Park near National Way, 2) Parr Road near Centennial Park, and 3) Country Club Road adjacent to the existing water well, and B) Storage facilities (2.2 mil gallon in size) to be located at Industrial Park and Parr Road adjacent to the treatment plants. Another area addressed by the committee involved Source Water Protection which is a program administered by the Health Division and the Dept. of Environmental Quality. A Page 1 - Council Meeting Minutes, March 5, 2001 8,4 COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING required element of the program include delineation of existing wells and determining susceptibility for contamination which is currently being done by the Oregon Health Division. Voluntary elements of the program are developing a Drinking Water Protection Plan, and submittal of the plan to the Dept. of Environmental Quality for certification. He also reviewed the upcoming federal regulatory rules that the City will need to address such as arsenic levels, groundwater, radon, radionuclide, and contaminant monitoring. In regards to the water storage tanks, it was noted that these tanks will be located at ground level rather than elevated. Side B John Ghilarducci stated that the water rates and system development charges are the two major sources of revenue for the water service. The last increase in water service rates was implemented in July 1992 and, in order to meet operational and capital improvement costs, a rate increase will be necessary between now and 2005. Key policy issues reviewed by the committee included 1) how to schedule the rate increases for the period of 2002 through 2005; 2) a cost of service analysis to determine the rate allocation for residential, commercial, and industrial customers; 3) conservation incentives in the water rate structure consistent with the cost of service analysis; 4) and the system development charge based on potential demand rather than the estimated actual demand. He briefly reviewed the rate study process utilized to develop two options relating to revenue requirement. The first revenue requirement (known as Scenario #1 which was adopted by the committee) would adopt a series of rate increases beginning in 2002. The rate increase would be 27% in 2002, 27% in 2003, 20% in 2004, 20% in 2005, and 8.05% in 2006. After the year 2006, rate increases would be more in line with cost of living increases. The second revenue requirement (known as Scenario #2) would provide for a one-time rate increase in 2002 of 110% and the next rate increase would not be required until 2006 at which time the rate increase would be approximately12.95%. He reiterated that the committee recommended Scenario #1 which does provide for a growth assumption of 3.4% per year whereas water demand would only increase by 1.4% per year based on conservation methods being used by customers. It was also noted that there will be a fixed charge based on meter size and a volume charge based on actual usage of water. Committee member Tack stated that the committee had compared the two rate systems to the year 2012 and they felt that the steady increase in water rates would be the best method to follow in order to meet estimated revenue requirements. Consultant Ghilarducci then reviewed the cost of service allocation methods used to generate sufficient dollars to meet the revenue requirements outlined in scenario #1. The committee had reviewed 3 rate alternatives that could be implemented to meet the revenue requirements. The committee recommended Rate Alternative #1 as the rate structure to be implemented beginning in the year 2002. Discussion was held regarding the proposed rate structure which provides for a fixed charge based on meter size, and a Page 2 - Council Meeting Minutes, March 5, 2001 8A COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING volume charge for each 1 O0 cubic feet of water used. It was noted that the current rate structure does allow for some volume of water to be used, such as 400 cubic feet for a residential customer, without having to pay additional charges. It was also noted that industrial users will pay a higher volume and fixed rate than residential and commercial customers due to higher fire flow requirements and higher peaking. Committee member Tack requested that charts show 100 cubic feet rather 1 ccf since the customers are used to see numbers based on 100 cubic feet. Mr. Ghilarducci stated that he would change the charts to show 100 cubic feet rather than using the standard ccf method of listing the data for the purpose of internal consistency. Tape 2 In regards to System Development Charges (SDC), Mr. Ghilarducci stated that there are 2 components to these charges one being reimbursement fee and the second component being improvement fee. He stated that these charges are one-time fees paid at the time of the development. The reimbursement fee is a buy-in to unused capacity in the existing and the improvement fee is a fair share of capacity increasing of facilities to be built. As a reminder, SDC's are governed by state statute and he suggested that these fees be tracked separately so that they can be used accordingly. He reviewed the proposed SDC's for each type of fee along with the administrative cost recovery that is allowed by statute. Based on the proposed SDC rate structure, the residential SDC rate would increase from $1,452 to $2,085 which is a 44% increase. Mr. Ghilarducci also reviewed the residential water rate comparison chart which compared 13 cities with Woodburn. As a reminder, each city has different needs but, based on the average monthly cost, Woodburn is approximately 56% lower than the average. Assuming the proposed rate is implemented, Woodburn will still be 27% lower than the average monthly water rate charged by other cities. Mayor Jennings stated that he felt comfortable with the recommendation from the committee for funding water system improvements. Councilor Figley stated that she in interested in knowing if any public feedback has or will be obtained on the issue of incremental increases versus a one-time increase. Committee member Tack stated that regular communication with ratepayers on their monthly bills will be very beneficial in getting feedback from the consumers well in advance of making a final decision on the type of increase implemented. Public Works Manager Rohman stated that the committee did take into consideration the proposed rate increases submitted to the State by the utilities which would go into effect about the same time as the City's rate adjustment. Director Tiwari stated that the City will need to obtain some funds from a bond sale and, on a $14 million project, the City will need to solidify a program which will have a Page 3 - Council Meeting Minutes, March 5, 2001 8A COUNCIL WORKSHOP MINUTES MARCH 5, 2001 TAPE READING favorable interest rate return and assure the bond underwriters that a rate schedule has been implemented to meet principal and interest payments. It was also noted that a future Council could adjust the rates, however, they would still be required by law to set rates based on operating expenses, debt service, and coverage. Director Tiwari stated that staff intends to have an open house on the proposed master plan thereby giving the citizens an opportunity to discuss rates and talk to staff and the consultants. Following the open house, another meeting with the committee will be held to go over the comments from the public. A presentation will also be made to the Council prior to finalization of an ordinance to implement any rate increases. He reminded the Council that the City water rate is the second to the lowest on the comparison table and he does not feel that the City should be overly concerned that the rates will escalate to the top of the comparison chart. He reiterated that the our water division is doing a very good job but improvements will require the City to increase rates to meet the rate increase as a financial resource. Once the plan is adopted, it will be another year before the engineering work will be completed. Committee member Tack questioned what effect, if any, the proposed water treatment program will have on those consumers who currently use water softeners. Director Tiwari stated that the filtration system will remove iron and manganese, and reduce the arsenic level in the water. He stated that it is his understanding that water softeners do not reduce the arsenic level. By installing the water treatment plants, the City will be complying with federal and state roles especially in the area of arsenic level reduction. Mayor Jennings commended the committee for the work they have done to date on this project. The meeting concluded at 7:57 p.m.. ATTEST Mary Tennant, Recorder City of Woodburn, Oregon APPROVED RICHARD JENNINGS, MAYOR Page 4 - Council Meeting Minutes, March 5, 2001 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE .READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 12, 2001. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0020 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Nichols Present Councilor S ifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Null, Community Development Director Mulder, Finance Director Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City Recorder Tennant 0075 ANNOUNCEMENTS. A) Public Hearing will be held before the City Council on April 9, 2001, 7:00 p.m., on a remand from the Land Use Board of Appeals (LUBA) regarding Woodburn Company Stores. Testimony at the hearing will be limited to specific issues identified in the LUBA remand. 0083 PRESENTATION: HUMAN RIGHTS COMMISSION AWARD TO A.W.A.R.E. FOOD BANK VOLUNTEERS. Alicia Hernandez, representing the Human Rights Commission, stated that the purpose of the award is to heighten awareness and educate citizens about the strengths of diversity. The Commission has selected the A.W.A.R.E. Food Bank - Nancy Stone and all of the volunteers - for their inspiration to the community and the time Mrs. Stone takes to help those in need within the community. Nancy Stone expressed her appreciation for the recognition award and she reiterated that the work could not be done without the help of her many volunteers and the support of the Board members. Gary Lawhead, Superintendent of MacLaren School, presented a check to Nancy Stone in the amount of $3,000 which was raised by the school staff for the A.W.A.R.E. Food Bank. Page 1 - Council Meeting Minutes, March 12, 2001 8^ TAPE READING 0324 COUNCIL MEETING MINUTES MARCH 12, 2001 Mrs. Stone also stated that, thanks to the Mayor's Heart-to-Heart campaign, collections to date total $444 for the purchase of food. Once all of the collections are in, Wal-Mart will match up to $500 for this fundraising project. PRESENTATION: NORTH BOONES FERRY ROAD IMPROVEMENTS. Public Works Director Tiwari stated that he plans on bringing in a pre-engineering report to the Council at the April 9t~ meeting, however, before the report is finalized, he would like to receive some input from the Council as to whether or not they would like to make changes to the staff's direction on this project. He stated that the estimated project cost is $2 million and, due to timing in getting work completed before the start of classes in the fall, he is proposing that the project be completed in two phases both of which involve a local improvement district (LID). The first phase would be from the Boones Ferry Rd/Hwy. 214 intersection north to Goose Creek and it involves 7 property owners within the LID. The proposed Phase I project would include widening to 5 lanes, bikelanes, and sidewalks so that it will be compatible with future improvements made to the Highway 214/Settlemier/Boones Ferry Road intersection. He briefly discussed intersection improvements that need to be made in the future and staff's hope that some financial assistance would be forthcoming from the State since Highway 214 is part of the state highway system. Even though everything is interlinked, the key is to make improvements that will not be very expensive to the City and property owners, and yet work well for the school and general traffic flow. The second phase of the project would provide for a 3 lane road improvement with bikeways and sidewalks, however, it involves a multitude of property owners, and due to the time involved in forming this large of an LID, it will be next summer before Phase II construction would begin. Additionally, staff is looking at undergrounding utilities for Phase I and, even though it is expensive, it will improve the looks of the community. In order to keep overall costs down, staff is looking at saving as much pavement as possible. Mayor Jennings expressed his opinion that the intersection improvement should be done at the same time as the Boones Ferry Road Phase I improvement. Director Tiwari stated that the intersection improvement has numerous issues involved and ODOT has to approve all of the proposed intersection improvements. It will also involve a larger expenditure from the City and it is unknown if ODOT will contribute to any of the costs if the improvements are made at this time. He is also concerned with the length of time in which it will take ODOT to review, and approve, intersection improvements. In regards to project funding, there will be some system development funds, LID assessments, and other federal funds such as T-21. Staff proposes to give Phase I more financial support than Phase II since it requires a wider street to take care of traffic congestion near the intersection. The turn lane is being added to the design in order to take care of the capacity thereby allowing for the use of system development charges or Page 2 - Council Meeting Minutes, March 12, 2001 TAPE READING 1340 1555 1625 COUNCIL MEETING MINUTES MARCH 12, 2001 traffic impact fees as a financial source for a portion of the project. Another issue briefly discussed involved the inclusion of benefitted properties currently outside of the city limits but adjacent to the existing roadway. Mayor Jennings stated that another process is being initiated to annex properties to the City which are surrounded by the city limits. Director Tiwari stated that if benefitted properties are still located outside of the city limits at the time the LID is formed, the City can request that the County assess the property or look at other options which would then require those properties outside of the city to pay for their share of the costs at a later date. Councilor Nichols stated that he would like to see the intersection improved, however, he questioned as to how long it will take to generate sufficient funds in the Urban Renewal District in order to help fund the intersection project. Administrator Brown stated that this intersection is included in the Urban Renewal project list, however, it may take 5 or 6 years to generate the amount of revenue necessary to make the improvements. Councilor Bjelland stated that he would like to see staff provide the following three alternatives: 1) project without any intersection improvements, 2) a project with minimal amount of intersection improvements, and 3) a project with all of the intersection improvements. A decision can then be made based on costs and impacts. Director Tiwari stated that he will be contacting ODOT to see if they would be willing to pay for a portion of costs associated with the intersection improvements. ANNOUNCEMENT - ANNUAL CLEAN-UP DAY, MARCH 24, 2001. Mayor Jennings stated that residents can take their yard debris and scrap metal/appliances to United Disposal on Saturday, March 24th, between 7:00 am and 5:00 pm. There will be a charge for appliances that contain freon such as refrigerators and freezers. INTRODUCTION OF DEAN MORRISON. Public Works Director Tiwari introduced Dean Morrison who has been an employee of the City for approximately 20 years. Up until last July, Mr. Morrison served as the City's Assistant City Engineer and he continues to work in a part-time capacity on the City's engineering staff. Over the years, Mr. Morrison has given the City excellent service and he has come up with ideas that have been beneficial to the City. One idea in particular involves a transpirator process in which he was able to develop a process that allows use of effluent on grass roots and trees as an alternative to discharging the effluent to the Pudding River. Mr. Morrison did some testing of his idea at the wastewater plant and, as a result, the City did get involved with the patent on his idea. Mr. Morrison paid for the material costs to test his idea and, as a result, his idea is now worth many hundreds of thousands of dollars. When the popular tree plantation process was initially discussed by the consultants, the City had no problem with it because of similarity with Mr. Morrison' s 8A Page 3 - Council Meeting Minutes, March 12, 2001 COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING grass root system that had already been tested with positive results. The City was the first in the nation in implementing this process and he reiterated that the City has excellent staff members who can think about process improvements that will benefit the City and other local governments in years to come. He also reminded the Council that a majority of all costs relating to the work and filing fees for the patent were paid for by Mr. Morrison. Dean Morrison thanked the Director for his introduction and stated that his work did result in findings that 90% of the ammonia in water is eliminated by this process. 2467 CHAMBER OF COMMERCE REPORT. Phil Hand, representing the Chamber Board, reviewed the upcoming Chamber events: 1) Business After Hours - March 15t~, West Coast Bank, from 4:30 pm to 6:00 pm 2) Business After Hours - March 22~a, Wooden Shoe Bulb Co., from 4:30 pm to 6:00 pm 3) Chamber Forum - March 21st, at Woodbum Family Medical Clinic. Prior to the Forum, beginning at 7:50 am, there will be a Drug Free Workplace conference which is co-sponsored by OML Laboratories and Woodburn Family Medical Clinic. 4) A Hometown Hero Award program is being sponsored by Woodbum Company Stores and the Woodburn Independent. Recipients of the award will receive a $50 certificate from the Company Stores along with a small plaque and an article in the newspaper. Nomination forms are available at the Chamber office. 2750 CONSENT AGENDA. A) Council minutes of February 26, 2001; B) Planning Commission minutes (draft) of February 22, 2001; C) Claims for the month of February 2001; D) Planning Dept. Tracking Sheet; E) Building Activity Report for February 2001; F) Highway 214 sidewalk project status report; and G) Report on installation of a caution light on Highway 211 at the Wastewater Treatment Plant. FIGLEY/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 2825 COUNCIL BILL 2295 - ORDINANCE DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE CITY, RECOGNIZING NE~D FOR AN URBAN RENEWAL AGENCY TO FUNCTION IN THE CITY, AND PROVIDING FOR EXERCISE OF THE AGENCY'S POWERS BY THE MAYOR AND CITY COUNCIL. Council Bill 2295 was introduced by Councilor Chadwick. Councilor Figley stated that, after consulting with the Government Standards and Page 4 - Council Meeting Minutes, March 12, 2001 · 8A TAPE READING 3082 COUNCIL MEETING MINUTES MARCH 12, 2001 Practices Commission, she has decided to declare a conflict of interest and not participate in this discussion due to the fact that she owns property in the affected area and, therefore, might expect a financial benefit from this action. She stated that she will not be taking any part in this discussion. Mayor Jennings stated that no questions would be asked of Councilor Figley and she will not be giving any answers. Attorney Shields stated that, with the declaration, Councilor Figley will not be participating in the discussion nor will she be voting if a vote is taken. Recorder Tennant read the bill by title only since there were no objections from the Council. Mayor Jennings stated that the Council Bill has been modified from the language on the bill in the agenda packet in that the Section 3 and 5, along with the title, has been rewritten to include "... Mayor and City Council". This action was taken for the purpose of allowing the Mayor to vote in case of a tie. The second reading of the bill was read by title only. On roll call vote for final passage, the bill passed 5-0. Mayor Jennings declared Council Bill 2295 duly passed. COUNCIL BILL 2296 - RESOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR LEASE OF PREMISES FOR 3152 HIGHWAY PURPOSES.. Council Bill 2296 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 the bill duly passed. COUNCIL BILL 2297 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF ALL LANDS SURROUNDED BY THE CITY. Council Bill 2297 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 2297 duly passed. 3260 COMMUNITY CENTER PLANNING COMMITTEE. Mayor Jennings stated that he had requested the City Administrator to prepare the staff report which is in the agenda packet to outline the process to be followed in establishing the Committee. He stated that, to date, he has obtained commitments from 2 volunteers and is working on getting a third person to be a part of the committee. Administrator Brown reviewed his report which provided information on the criteria for service, qualifications of applicants, and the groups those applicants would represent as the potential users of a new center. A paid advertisement will be placed in the Woodbum Independent soliciting citizen participation on this committee and the Councilors are also urged to contact persons that they feel would meet the qualifications and ask them to Page 5 - Council Meeting Minutes, March 12, 2001 TAPE READING 3408 3444 COUNCIL MEETING MINUTES MARCH 12, 2001 apply for one of the positions on the committee. Applications are available at the City Administrator's office. ACCEPTANCE OF LATE BANCROFT BOND APPLICATIONS. Staff recommended that the following Bancroft Bond applications submitted by the following property owners be accepted by the Council: 1) Downtown Alley Local Improvement District (Ord. 2273): Luis & Luisa Quintero, Thomas Flomer, and David & Jennifer Lindenmuth. 2) Parr Road Local Improvement District (Ord. 2278): Luka & Anastasia Vshivkoff. FIGLEY/NICHOLS... under the authority of ORS 223.210, accept the Bancroft Bond applications as listed in the staff memo. The motion passed unanimously. EXTENSION OF "NO PARKING" ALONG EAST LINCOLN ST. IN FRONT OF 8A 3525 WASHINGTON SCHOOL. A request was made by the school to extend the "No Parking" to the area in front of the school beginning at the school's west driveway and going east approximately 350 feet. The parking restriction would be in place only during school hours and it was requested for the purpose of providing better visibility and increased safety for the students. Staff recommended that the signs be installed. SIFUENTEZ/FIGLEY... approve the installation of signs for "No Parking During School Hours" along the north side of Lincoln Street from the west driveway at the school east approximately 350 feet. The motion passed unanimously. APPROVAL OF SOLICITOR'S LICENSE FOR BOY SCOUT TROOP #691. 3585 A request was submitted by Roger Midura, Boy Scout Troop #691 Committee Member, for a solicitor's license for the troop, with a waiver of fees, so that the troop members could perform a fundraising community service project involving the painting of resident and business address numbers on the curb next to the driveway. If approved, this project will be held during the month of April 2001. FIGLEY/SIFUENTEZ... approve a solicitor's license for Boy Scout Troop #691 and waive the licensing fees. The motion passed unanimously. REQUEST FROM MID-WILLAMETTE VALLEY MAYOR'S COALITION REGARDING SENATE BILL 1149 - ELECTRIC DEREGULATION INITIATIVE. Mayor Jennings stated that the Coalition is asking local governments in the Mid- Willamette Valley to voice opposition to Senate Bill 1149 which partially deregulates the electric power industry in Oregon and goes into effect in October 2001. In his opinion, the electric and gas utilities need to be regulated so that problems that were experienced in California due to deregulation will not surface in Oregon. He stated that a resolution Page 6 - Council Meeting Minutes, March 12, 2001 TAPE READING 3760 3850 COUNCIL MEETING MINUTES MARCH 12, 2001 was included in the agenda packet and, if the Council so desires, a Council Bill number will be assigned and the bill introduced for Council action. It was the consensus of the Council to assign a number to the Council Bill. COUNCIL BILL 2298 - RESOLUTION URGING A DELAY IN THE IMPLEMENTATION OF ELECTRIC DEREGULATION IN OREGON. Councilor Chadwick introduced Council Bill 2298. 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 2298 duly passed. CANCELLATION OF MARCH 26, 2001 COUNCIL MEETING. Mayor Jennings stated that the City Administrator will be out of town the last two weeks in March and the City Attorney will be out of town the week prior to the next regular meeting. Therefore, staff recommended that the March 26~ meeting be canceled. BJELLAND/NICHOLS .... cancel the March 26, 2001 Council meeting. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT. A) Cable TV Franchise Renewal: Administrator Brown stated that consultant Steve Jolin is assisting the City with the evaluation of the existing system and the Cable TV renewal process with DirectLink. As part of the process in evaluating the existing system, three meetings have been scheduled for April 4th to fulfill the community ascertainment phase, and, upon completion of this phase, information received would be put into a package that would be used to negotiate a franchise renewal or, if needed, to put out a bid for a competitor. Under federal communications law, the City needs a solid base of information and statistics available since the City can only ask for what is reasonable and for what the community has indicated their desires are as it relates to community access. B) Preemption Bills - Transient Occupancy Tax: Administrator Brown stated that HB 2934 has not yet been introduced to legislative committee, however, he felt that it was necessary to inform the Council prior to it going to committee and, if agreed to by the Council, authorization be given to send a letter to the City's various legislators and the committee members should it go before the committee. As drafted, the bill would create the authority for the State to charge a 1% transient lodging tax that would be attached to any transient lodging tax currently being imposed in a city. It also limits the local agencies ability to both increase the lodging tax in the future and to use the taxes collected. Voter approval would be required for any subsequent increases and it earmarks the money for tourism/marketing activities. Also, the lodging operator would be required to be reimbursed for their cost of collecting and accounting at a minimum of 5% of the 8A Page 7 - Council Meeting Minutes, March 12, 2001 TAPE READING 4611 COUNCIL MEETING MINUTES MARCH 12, 2001 tax collected. Currently, the City gives lodging operators 10% of the tax collected, however, the bill as written, would be required to pay some additional funds to the lodging operator since the tax collected for tourism and marketing would be at 100% of the amount assessed versus the amount assessed less the lodging operator fee. The larger problem is that our current tax is a local discretionary revenue which has been put to General Fund uses such as street maintenance and law enforcement activities. This bill would preempt the City's ability to utilize proceeds from the lodging tax for funding activities that are not classified as tourist activities. He recommended that the Council take a position in opposition to this bill and authorize the Mayor to sign a letter similar to the draft letter in the agenda packet. Mayor Jennings stated that he feels this proposed bill is an infringement on home rule and urged the Council to oppose this bill. FIGLEY/NICHOLS... go on record as being opposed to HB 2934 and authorize the Mayor to sign the letter being discussed with minor modifications that may be necessary to tighten up the language in the letter. Councilor Figley agreed that local governments are very well-qualified to make decisions and she disliked state legislation that seems to think that local governments are unable to make appropriate financial decisions. The motion passed unanimously. C) Letter from State House Committee on Rules, Redistricting and Public Affairs: Administrator Brown reminded the Council that they are responsible for redistricting and reapportionment of the boundaries within the City as a result of the most recent federal census. The criteria to be followed in this process is listed in ORS 188.010 and it applies to state legislative and congressional district boundaries in addition to City Ward boundaries. The House Committee on Rules, Redistricting and Public Affairs and the Senate Committee on Rules and Redistricting will be accepting public testimony to collect information from the citizens regarding this issue prior to the actual development of a state-wide redistricting plan. He reiterated that the public testimony before the legislative committees will only be applicable at the state level and, later this year, the City will begin its own redistricting/reapportionment process. D) Administrator Brown stated that he will be out of town on vacation March 19-30, 2001. During his absence, he will be leaving Public Works Director Tiwari in charge of daily operations of general business and the Police Chief in charge of police activities. NICHOLS/KILMURRAY .... arrangements made by the Administrator to appointment Frank Tiwari as City Administrator pro-tem for general business operations and Chief Null for police activities while the Administrator is on vacation be approved. The motion passed unanimously. 8A Page 8 - Council Meeting Minutes, March 12, 2001 8A COUNCIL MEETING MINUTES MARCH 12, 2001 TAPE READING 5O5O MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she was glad to see that the legislative committees are beginning the public input process since there are certain features of our own House and Senate Districts that do make any sense and she intends to express her views to the committee. She encouraged other local citizens to take advantage of this opportunity to express their views on house/senate district boundaries. Councilor Kilmurray stated that she will be out of town for the April 9th Council meeting. Councilor Bjelland agreed with comments made by Councilor Figley and he encouraged public involvement on redistricting. In regards to the Cable TV franchise renewal process, he expressed his opinion that it is very important that the City is not only looking at the Cable TV aspect but delivery of services specifically in the area of internet and broadban capabilities. Councilor Sifuentez expressed her thanks to the MacLaren staff who supported her in the most recent food drive for the AWARE Food Bank. Councilor Chadwick reminded the Councilors that the Woodburn Downtown Association dinner and auction will be held on Friday, March 16th, at 6:00 pm. 5474 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 9 - Council Meeting Minutes, March 12, 2001 MINUTES Woodbum Recreation and Parks Board Regular Monthly Meeting Tuesday, March 13, 2001 7:00pm City Council Chambers 8B 1. The meeting was called to order at 7pm by Janet Greenwell. 2. Role Call Members present: Janet Greenwell, chair; Melissa Tittle, Member; Kathy Figley, Council Liaison; Richard Hammond, Member; Sharon Felix, Member; Staff present: Randy Westrick, Director; Brian Sjothun, Leisure Services; Kathy Willcox, Aquatics; Jennifer Goodrick, AA. Members absent: Herb Mittman, vice chair; Frank Anderson, Member; Patricia Watts, Member. Approval of Minutes from January 9, 2001 meeting. A motion to accept the minutes as written was made by Richard Hammond. The motion was seconded by Sharon Felix. The motion was passed unanimously. 4. Business from the audience: there was none. 5. Business from the Director Division Reports 1. Leisure Services Div.-Brian Sjothun shared information about a Woodburn Together project called 40 Assets: A Program for Families. Handouts were provided. The division is currently focusing on the development of more programs for teenagers, both middle and high school students, and this program seems like a great fit. Woodburn Together will attend training next Tuesday to see if they are going to adopt this program as a board. Basketball wrapped up at the beginning of March and baseball is underway. Drop in centers continue to do well, drawing 100+ students daily. Richard Hammond asked what the #1 priority is for the division and Brian said teen programs, especially establishing a teen center. The plan is to move the Drop in centers to elementary school campuses and use the Settlemier drop in center as a teen center. 2. Aquatics Div. -Kathy Willcox reported that attendance has been good at the pool, over 400 at free swim Saturday. Buck Wednesday drew over 100 kids last month. Cuda club is growing, practicing daily from 4-6. St Luke's has started school lessons and are in their second week. Lincoln finishes two classes this week and will start two more after spring break. Life guard classes to prepare for summer employment will begin shortly. Janet Greenwell inquired about the Mothers Day Spa Day event that was so successful last year. Kathy said 8B they are planning this event right now, looking for volunteers and donations of merchandise and services for the May 6th event. The pool is also increasing participation from 75 to 100 this year. 3. Parks Maintenance. & Facilities - Randy gave report on progress at Centennial Park. We are out to bid for security lighting presently and will soon have bids for miscellaneous work next week. The hope that three ball fields will be done by August. Land scape is roughed in already. The National Guard is scheduled to begin work on rest rooms by June 1. The sign will go up soon. Richard Hammond asked if there were lots of ball teams in Woodburn. Brian Sjothun and Sharon Felix invited him to attend the May 5 Jamboree. 6. Hermanson III Wetlands Mitigation Project Workshop Presentation from Paul Sedoruk: Randy introduced Paul Sedoruk and the Luckey Co. The Board heard Paul's presentation last fall and approached the City Council who gave their initial approval to investigate this possibility further. The Council asked the Luckey Company to draw up their initial plans and present them to the Recreation and Parks Board. The Board held a small workshop in November. City engineer, David Torgeson, has given his tentative recommendation to the project based on initial plans. Paul gave a power point presentation proposing this wetlands enhancement project. Luckey Co working with the Division of State Lands mitigations requirement. They are currently conducting studies about flooding and security issues. Paul described the existing condition at the park, which is basically a channelized ditch. The plan is to re-grade the existing channel to improve water quality and flood control. This would also provide habitat for wildlife and would create a canopy by planning trees. The Luckey Co. will need a permit from Public Works, who will make sure the flooding issue is addressed as will the Army Core Of Engineers. Public Comment: Tony Chernishoff asked "Doesn't wetlands mean swamp?" Paul replied no, there are many kinds of wetlands, some of which he then described. Paul stated that the Lucky Co. will prepare 5 or 6 scenarios for this project. The creek will move quicker, be broader, and will be cooler than the area is now. Randy asked Paul if the Hermanson III Park would have to be "Exactly" like the wetland that was lost. Paul said no-an enhanced wetland is all they need to create to fulfill the DSL requirement, they don't need to re-create what was lost. Neighbor Penny expressed concern that the pond water level be affected by the project. Paul said no, the run-off only would channeled into the stream, but no more than runs off now. Another neighbor asked how the project would be funded and how flooding would be controlled. Paul said that the Luckey company would pay for all plants, and said the flooding issue could be answered by the public works department. Said that by widening the channel that the flooding would be better controlled. Randy asked David Torgeson to discuss the permitting process and how these concerns will be handled by public works. David described the permitting process, said the excavation would provide extra storage for flood waters. While the proposal would not elevate this flood water, Davd said that this won't save homes from flooding that have flooded before. It will be an administrative manner to decide if the project can proceed as proposed. Said that he will study it more thoroughly when he gets the entire proposal. Neighbor Penny asked about the trees on the east side of the creek, would they stay? Paul said yes, the trees are a 8B controlling factor. Neighbor Penny wants the LC to provide a list of trees that they intend to plant and how they plan to keep them safe from vandalism. Paul assured the audience that part of the permitting process would require a detailed list of vegetation, and hat the DSL requires the Luckey Co to monitor the site for five years and maintain a 80% survival rate. Randy asked Paul to go through the list of the types of trees that they propose be planted. In the mean time, Richard Hammond asked if vandalism is a problem in her neighborhood. Penny described several problems she perceives with children in her neighborhood, calling for education. Paul then continued to describe the planting process and the types of plants they want to use, which was listed in the Board packet. Mel Schmidt stated that the plants planted in the stream, the water slows down and said that the security would be a problem again. He is unhappy that an outside company was coming in disrupting local residents, said that the stream only has water in it 2 months out of the year. Wants to know who will pay for this after the Luckey Co is gone. Also said that he is very suspicious about the "glossing over" of the project. Said that the Board shouldn't recommend this until they see more detailed plans and things in writing; urging the Board to postpone recommendation to the Council until they have a better set of plans. Richard asked Mel why he thought this wasn't a good place for this project. Mel said that he doesn't think we should have to take care of the Luckey Co. problem with the DSL. Paul said the reason Hermanson III was chosen was because it was closest to the original wetland that was lost. Randy assured the neighborhood residents that the Public Works dept and the DSL will require a much more detail in the plans the Luckey Co will have to provide those agencies. Janet stated that she is also concerned that the neighbors are comfortable with the project. Mel again stated his reservations about security, that if you can't walk through it, how could it be a walk-thru classroom as had been proposed? Also, why weren't other locations considered? Discussion Ensued. Mel suggested that people could tunnels in the brambles and get into mischief and hide; discussed several incidents that had happened previously. Janet asked Randy if the Woodburn Police Department has seen the plans; they have not. Mel said that a Woodburn Polide officer is on the Meadows Park board and that officer opposed this project. Tony Chernishoffrestated that security is a big concern. Many neighbors in the audience nodded in agreement. Said he hasn't seen the vandalism problems of his other neighbor, but thinks that the park is fine as it is, is opposed to any changes. Cleo Gardner stated that the vandalism problem is caused by nutria, not necessarily humans. Would like to see the problem addressed, would like to see nutria relocated. Richard asked Mel why he didn't bring up his concerns at the city council meeting. Mel Schmidt said that he was not given the opportunity to voice his concerns at the meeting. Council Liason Kathy Figley stated that the reason the City Council did not solicit opinions from the audience at that meeting because they knew the project would be discussed at the Parks Board meeting in a workshop environment. Mel restated that he should have been able to state his opinion at that meeting, or at least had the letter he had written to the Council read at that time. He still thinks the Council should have listened to neighbor concerns at that time. Sharon asked Paul if the water would be oxygenated. Paul said yes, based on the vegetation they want to plant, the water would natually be oxygenated. Mel stated that Paul was incorrect, that the vegetation would not do that. Another neighbor said that the pond is dry months a year, who would pay for that? Penny stated several options are available and that the existing pond should be enhanced before more wetlands are developed. Mel said that they'd like a pond too, but not a jungle. Richard asked what would be done if the creek was dry more than 4 months a year. Paul restated that the definition of a wetland is not "running water", but the condition of the soil; and that wetlands often dry up in the summer. Said he would love to work on the pond, but the DSL 8B would not give them credit, so they will not be doing that project. Stated the various kinds of credit is given by the DSL. Richard asked what would happen if this project was rejected by Woodburn? PS said they would go to DSL and say "we tried" then it would be up to DSL at that point how the Luckey Co would have to proceed. Penny asked if the planting has to be that extensive? Could a happy medium be reached? Paul said that they could do open prairie wetland, a floral type environment. Would be different plans, similar regrading, and a open meadow wetland. Tony Chernishoff said less thicket and vegetation would be fine, but doesn't want the grade lowered because of flooding concerns. Mel said he'd want plants to be one foot or shorter. Would like to see the channel widened to help drainage, and that hybrid poplars would be very tall within 5 years to provide shade. Richard asked if the project would be more palatable with these revisions? Mel said yes, but he'd want to see the plans first. Paul said he would be happy to meet with the neighbors with a clean slate to redesign this project. Sharon said that she would hate to loose this opportunity. Janet proposed another meeting with the neighbors before the Board decides whether recommend this to the council. 7. 2001-03 Goals & Objectives: Randy discussed the goals of the City Council for the Recreation and Parks Dept. A primary goal is to provide a broader range of affordable youth activities. Want to move drop in centers onto school campuses; removing the program from the substandard Legion site, and freeing up the Settlemier site for use as a teen center. Since Settlemier Park is also the likely location for the proposed skate park this could be the cornerstone of a teen park complex. Recreation and Parks will be working with Woodburn Together to continue and sustain teen programs. Funding for a new community center is also a primary goal. The City Council is putting together a task force for this purpose and asking for a R& P Board for a representative. The Council wants to proceed with the planning while looking into alternative funding. A phasing project for the community center is a possibility. Sharon Felix expressed interest in bing the Board representative. Janet thanked her and appointed her. Additional goals and objectives included electrical repairs for Legion Park. A $50,000 grant for Burlingham park is anticipated, Heritage Park needs to be made ADA compliant, and playgrounds at Legion Park should be expanded with grants and donated money. Sharon asked if we could phase in park improvements every year to take care of neighborhood parks. Randy said he would rather do this every other year; saving and planning one year, then spending the next. Would like to get general fund requests, then get matching funds from the STC's. We have to be aware of requirements from STC in order to utilize this program. WRPD Objectives for 2001-02 Budget Year: See form A on last page of handout. 8. Skate Park Randy reported that the Youth Committee (roster is listed in the Board packet) meets every other Thursday night. Recently the committee went to Springfield to observe their 8B progress since Springfield is almost three months farther along in the process. This trip gave these boys an understanding about fund raising, community involvement and how complicated this project really is. A skate park cost about $25 per square foot. Council committed $50,000, will apply for a $50,000grant. Other community fund raising efforts are also underway. Randy noted that this is committee is a good extension into teen programming as well. The Skate Park committee would like to report to the board in April. 9. Future Board Business: Business from the board: Melissa asked about the ice age floods project. Randy reported that he was asked to chair a local committee in preparation for the congressional hearings. Randy and Kezia Merwin are also developing a scientific exploration permit and policies that will insure that artifacts are removed correctly and curated properly. Janet moved the next meeting to April 17th. 10. Board Comments: there were none 11. Adjournment-meeting was adjourned by Janet at 9pm 8(7 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: February 14, 2000 ROLL CALL: Phyllis Bauer Marie Brown Ardis Knauf Kay Kuka - Present - Present - Present - Present Barbara Pugh Kevin Schiedler Pat Will Mary Chadwick Ex-Officio - Present - Present - Excused - Present STAFF PRESENT: Donna Melendez, Librarian Judy Brunkal, Librarian Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: Vice-President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of December 13, 2000 submitted. approved as PUBLIC COMMENT: None DIRECTOR'S REPORT: Donna Melendez, Librarian, attended the meeting in Linda's absence. Mary Chadwick, City Councilor, was welcomed back. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of January, 2001 was 15,256. Activities: A list of activities was distributed to the Board. Mary Parra has scheduled an illusionist and ventriloquist, Steve Taylor with Rudy O'Riley, at 1 P.M. on Saturday, February 17, at the City Hall Council Chambers. The library will be closed Monday, February 19 for Presidents' Day. The Friends of the Library will be holding their booksale Thursday (preview sale) from 5 to 7 P.M. on Feb. 22, and Friday & Saturday, Feb. 23 & 24, from 10 A.M. to 4 P.M. in the Carnegie and Multi-Purpose Rooms at the library. Judy Brunkal, Librarian, reported on upcoming programs that she has scheduled. The Chautauqua Lecture Series, sponsored by the Friends of the Library and funded by the Oregon Council for the 8(2 Humanities, will be held Sundays at 2 P.M. in the Woodburn City Hall Council Chambers. On February 11, ninety people attended the program by Pat Courtney Gold, "Columbia River Indigenous People 'Discover" Lewis and Clark". On February 25, Darrell Millner, professor in the Black Studies Department at PSU, will present "York and the Corps of Discovery"; on March 4, Shannon Applegate and Esther Stutzman present "Two-Way-Sein~l: Pioneers and Native Orefionians"; and on March 11, Paul Pitzer will give an historical presentation, "Why Grand Coulee Dam Could Not Be Built Today". Judy is also forming a new book discussion group to discuss Latino authors and materials. The series is called "The Language That Unites Us". Books provided will be both in English and Spanish. The group members will read a series of books and then come together for a discussion with scholar Patricia Varas from the Willamette University. The group will meet Mondays at 6:30 P.M. on February 26, March 12, April 2, 16 and 30. If you are interested in joining this group, contact the librarian at the reference desk. Staff News: Amy Vise was hired to replace Teri Maes as Library Assistant/Security Monitor. Some of the staff have not been at work because of surgery and illnesses. Hopefully, by next week everyone will be back. Volunteer of the Month: Helen DuBuque has been chosen Volunteer of the Month for January. OLD BUSINESS: None NEW BUSINESS: Donna reported on Technical Services at the Library. Collection development is an on-going project with weeding and adding new materials. There are new Spanish language magazine titles. Books and music on CD's will be added soon. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1:35 P.M. Respectfully Submitted, Judy CC~reson Recording Secretary Library Board Minutes - 2/14/01 2 8(7 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: March 14, 2001 ROLL CALL: Phyllis Bauer - Present Barbara Pugh Marie Brown - Present Kevin Schiedler Ardis Knauf - Present Pat Will Kay Kuka - Present Mary Chadwick Ex-Officio - Present - Present - Present - Present STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary Mary Parra, Youth Services Librarian GUESTS: None CALL TO ORDER: Vice-President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of February 14, 2001 were approved as submitted. PUBLIC COMMENT: None DIRECTOR'S REPORT: Linda expressed her appreciation for the card and flowers that the Library Board sent following her surgery. Linda described the new City logo that is used on the letterhead and business cards. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of February was 15,331. Activities: A list of activities was distributed to the Board. Continuing activities are: Preschool Storytime on Wednesdays at 11 A.M.; Spanish Storytime on Saturdays at 11:30 A.M.; Tuesday Night at the Library at 6 P.M.; Internet training on Friday and Saturdays from 8:30 to 11 A.M.; Adult Book Discussion, Monday, March 19 at 10 A.M.; and the Bilingual Book Discussion Group, Monday, March 12, 6:30- 8(; 8:30 P.M. OMSI "Light and Color Traveling Science Exhibit, March 12-May 6; On Sunday, March 25, at 2 P.M. at the City Council Chambers, Arlene Cohen will present "Wise Women's Stories" in celebration of Women's History Month. Arlene Cohen, a professional storyteller, celebrates women's creativity, power and resourcefulness through her stories; National Library Week, April 1st- 7th; "Check It Out Yourself Day", April 2; Friends of the Library meeting will be Monday, April 2; On Sunday, April 8, at 2 P.M. in the City Hall Council Chambers, Jane Kirkpatrick will present "Landscapes of Our Lives". Jane Kirkpatrick is nationally recognized for her authenticity and accuracy in telling stories of the west; The library will be closed Easter Sunday, April 15. The last Young Readers Choice Award Book Discussion Group was Friday, March 9; The Chautauqua Series ended with the last program Sunday, March 11. All of the Chautauqua programs were well attended. On Monday, April 2, "Check-It-Out Yourself Day" begins National Library Week. If 100 people use the Self-Checkout machine, the library will qualify to enter a drawing for one of five $1,000 prizes. The prize money would help purchase more books, resources and materials. Staff News: Betty Yoder has resigned effective April 27. The position will be advertised. Volunteer of the Month: Lois Wengenroth was chosen Volunteer of the Month for March. OLD BUSINESS: NEW BUSINESS: OLA Conference: The OLA Conference will be held March 28-30 in Seaside. Some members of the staff will be attending at various times. HVAC Update: This project has been finished for some time except for the final signing of completion. Carnegie Exterior: A time-line will be established for this project to begin this spring and be finished this fall. Mary Parra, Youth Services Librarian, reported on current programs. The OMSI "Light and Color Traveling Science Exhibit" began March 12 and will continue through May 6. The exhibit is at the Library Board Minutes - 3/14/01 2 8C library during Spring Break and National Library Week. "Dia del Nino" (Day of the Child) will be held at French Prairie Middle School from 2 to 6 P.M. on Saturday, April 28. There will be information for parents and fun and games for the children. Proposed 2001-2002 Budget: Linda reported on the proposed budget. She is now working on additional requests to be given to the City Administrator and the Budget Committee. Some of the requests are: the re-institution of an Assistant Library Director; changing a part-time Library Assistant/Security Monitor position to full time; more shelving and various items of equipment. Election of Officers: The Library Board elected the following new officers: President - Kay Kuka, Vice-President - Pat Will and Corresponding Secretary - Kevin Schiedler. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: The Budget Committee held a workshop last Saturday. The Mayor stated Linda and the library staff are doing great things at the library. ADJOURNMENT: The meeting was adjourned at 12:45 P.M. Respectfully Submitted, ;Judy C6reson Recording Secretary Library Board Minutes - 3/14/01 3 City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: Thru: March 29, 2001 u~ Chief of Police Mayor and Council John Brown, City Administrato Subject: Police Department Activities - February 2001 8D The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date statistics, and comparisons to the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information, please contact me. + + I ,e I 00Ul'O 0 O0 O0 0 0" O00~0:0, O0000100000 t~ 0,00000 I I I l'e e e e ~ el e e e e e e e e e e e ~ ?, .~. ... . 8D I'll m I I I I +i z 81) ~m mZ --I e · I e e e e t e e · · o · · e · · · e · e ~ ~00~0000~000~00~ c: C: I-' -4 ITl Z m PLANNING PROJECT TRACKING SHEET- Revised: 3-29-0¶ Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post Stf Rpt PC Order Final Notioe to Post Sff Rpt CC Applicant Description Received Complete Date Planner Referrals Meeting for PC Paper Property Due Hearin~l Due Order for CC Papers Property Due Hearin~ Annex business park 10/14/99 Anx 99-01, into Ihe Comorate cont. off UGB Wally Lien lim~ o~ the City. 06/01/99 N/A Jim calendar ~9-01, ZC Establish the IL zone Safleway 12/9100 SPR Pacific Shopping(enter 05/30/00 08/11/00 ext Jim 08/15/00 08/30/00 03/02/01 N/A 03/12/01 03/15/01 03122/01 04112/01 04/12/01 00-12 Realty 'at SEC 99/219 5/15/01 03/02/01 Res. to CC Annex 770 Hwy 07/20100 08/10/00 fo~4/91Ol N/A 03/12/01 03/15/01 03/22/0t 04112/01 04/12/01 ANXzc 00-0100'01 Tony Miller 99 06/20100 07/20/00 N/A Scott CC ' Meeting 2nd Phase of SPR Steve Woodbum Co. 07106100 11107100 N/A Naomi 11107100 1 t 128100 N/A N/A 00-18 Craig Stores "' : : Woodbum Expand parking SPR 00-25 School lot of St. Ma~'s 09/20/00 ~ncomo~eloRs~o Scott c-'U 00-06 ~-~b k4 Church SPR ~r Contr~cto~ storage 12/14/00 06/04/01 Scott 02/02/01 02/13101 00-30 ~ yard on Shef~w~oah CompS* 0~02~01 SPR tNaI-Maff 102,740 sf 01112/01 kxxm~o~e NIA Scoff 01-01 expansion o2~1/ol Annex 1.5 acres ~lX 01m2. Carcratt of commercial 02/06/01 o3/oee~ NIA Scoff 03/13/01 03/21/01 ZC 01-02 property 60 Unit CPOO-01, Kohl Naomi 12/29/00 01116101 03/23/01 03/23/01 04/02/01 04/05/01 04112/0t ZC 00-02, Apartment 10/27/00 12/29100 N/A SPR 00-28 Company Complex SPR 01-03, Cm,,m H 148 unit 02/20/01 03/21101 07/18/01 Naomi 03/22/01 04/03/01 VAR Devek=p,~ retirement facility 01-03. VAR 01-05 PLANNING PROJECT TRACKING SHEET - Revised: 3-29-01 Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post Sff Rpt PC Order Final Notice to Post Stf Rpt CC Applicant Desc,dption Received Complete Date Planner Referrals Meeting for PC Paper Propert Due Hearin~l Due Order for CC Papers Propert)' Due Headng ANX 01-01. CP Kohl 150 Unit 01-01. ZC apartment 02/02/01 03/06/01 N/A Naomi 03/02/01 03/14/01 01-01. Company complex SPR 01-02 Dk,~,de 57.872 S f 'Mr. Dale ,an:~ ~o two ~xs o~ PAR 01-02 Baker 35,277 s.f. ~ z~,644 03/09/01 Scott sf SUB01-01 :Qualit-fPlus 7LotSubdivis~On 03/28/01 VAR 01-06 Inter,ors. Inc. Kalugin Additio~ Woodbum Modular - Lincoln SPR 01-05 ~ 03/23/01 District Elemental/School Woodbum Modular - Heritage SPR 01-08 S¢~o~ 03/23/01 Woodlx.~m i .~PR 01-07 ~ Modular - Nellie Muir D~str~ct Elemental/School 03/23/01 Woodtx~n Modular - SPR 01-0e School Washingto~ 03/23/01 LONG RANGE PROJECTS Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post Sff Rpt PC Order Final Notice to Post Sff Rpt CC Applicant Description Received Complete Date Planner Referrals Meeting for PC Paper Property Due Hearing Due Order for CC Papers Propert~ Due Hearing Zoning Draft Ord. expected Revision to be available in Jim April for PC review LONG RANGE PROJECTS Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post Sff Rpt PC Order Final Notice to Post Sff Rpt CC Applicant Description Received Complete Date Planner Referrals Meeting for PC Paper Propert Due Hearin~l Due Order for CC Papers ProperS/ Due Hearin~l ;Renewal ~ Program ~'~ Inventory core PI.. & & Ord. .~..dme~s :merits ,~,~h r,e~ Jim Economic s~,[ ~ Develop proposals. Prop~ a~ic~ated to begin by John/ Jim merit D~c & comp~*~ ~, Study ~une :~3~ Mail notice will ~epare Annex all propeAy desc~ption ~ City of o~ ~ Woodburn enclaves N/A N/A N/A Jim/Naomi N/A N/A N/A N/A N/A N/A N/A N/A N/A owners 15 twice prior to meeting N/A Planning OepL will 04/23/01 within the City days pdol' On 4/11/01 send legalsto Planning DepL Of Dept. Revenue ASAP i:~Community Development~PlanniogWlisc 2001~Planning Case Log WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR FEBRUARY 2001 8F I. CIRCULATION Current: 11,838 Adult: 9,730 Children: 2,108 In-House Use: 1,711 Previous: 2000 1999 1998 II. INTERLIBRARY LOAN Books Loaned: 792 CCRLS: 783 All Other In-State: In-State Special: 0 Out-Of-State: Books Borrowed: 867 CCRLS: 845 All Other In-State: In-State Special: 0 Out-Of-State: III. REFERENCE Woodburn Referrals Other 2001 949 60 1,017 2000 928 60 1,009 1999 990 64 1,170 1998 971 72 960 IV. VOLUNTEER HOURS WORKED 169 1/4 V. LIBRARY SPONSORED PROGRAMS For Adults: 4 No. Attending: 195 For Children: 15 No. Attending: 631 VI. FINANCE ILL Postals 4.50 Fines 800.78 Lost Books 77.95 Copies 102.86 Rural Fee 1,475.00 Donation 0.00 Collection Fee 10.00 Other 86.50 11,059.10 - Misc. - CCRLS Use-Based Reimbursement TOTAL 13,616.69 12,854 12,164 13,350 9 0 17 5 Total 2,026 1,997 2,224 2,003 VII. HOLDINGS Audio Cassette Audio Cassette Holiday Book YA-Holds Restriction Camera Compact Disc, Sp. Cassette Player Circ Software Video Cassette Video Holds Engraver Fast Cat - 3 Wks Fast Cat - 7 Day Headphones Juvenile Grant Kit Woodburn ILL Woodburn ILL Out Of State Juvenile Audio Cassette Juvenile Book Juvenile-Holds Restriction Juvenile Video Cassette Juvenile Video Holds Juvenile Holiday Book Juvenile Holiday Juvenile Puppet Juvenile Paperback Juvenile Periodical Juvenile Reference Juvenile Tote Bag Long New Book New Book New Periodical Pamphlet, Map Paperback Periodical Projector Puzzles/Games Reference One Hr. Reserve Circulating Software Woodburn Stats Only Woodburn Stats Only ILL TOTAL 1,256 38 36,672 0 4 1 5 60 829 1,233 2 6 3 7 8 14 4 331 18,249 18 644 111 497 7 0 14 363 239 8O 311 3O8 232 19 2,786 6,967 5 0 2,453 97 1 1 1 73,876 Monthly Statistics: February 2001 2 New Adds For The Month of February: 898 VIII. PATRON LOAN TYPES Adult Resident Adult Non-Resident Senior Resident Senior Non-Resident YA Resident YA Non-Resident Juvenile Resident Juvenile Non-Resident Reference Staff Library Staff Outreach Visitor City Department TOTAL 4,401 3,176 894 274 1,044 750 1,125 574 5 22 20 18 7 12,310 ACTIVITIES Woodburn Public Library 8(; APRIL 2-6 National Library Week, Special attraction: OMSI: "Light and Color Traveling Science Exhibit" 2 "Check-It-Out Yourself Day", If 100 people use the Self Check-Out machine, the library will qualify to enter a drawing for one of five $1000 prizes. 2 Friends of the Library Meeting, Monday, 2:30 P.M. Carnegie Room 2,16,30 Bilingual Book Discussion Group, Mondays, 6:30-8 PM 3,10,17, Tuesday Night at the Library, 6:00 - 7:00 P.M. 24 4,11,18, Preschool Storytime, Wednesdays, 10:30 A.M., Multi-Purpose Room 25 6,7; 13,14; Internet Training, Fridays and Saturdays, 8:30 - 10:00 A.M. 20,21; 27,28 7,14,21, Spanish Storytime, Saturdays, 11:30 A.M., Youth Services area 28 8 Award winning author, Jane Kirkpatrick, Sunday, 2 PM, City Hall Council Chambers; Will present "Stories of Our Lives". She is nationally recognized for her authentically and accuracy in telling stories of the west. 11 Library Board Meeting, Wednesday, 12 Noon, City Hall Council Chambers 12 "Tax Night", 6-8 PM, Come to the library for last minute help with your tax return. Trained helpers will be here to answer your questions. 15 CLOSED: Easter Sunday 23 Book Discussion Group, Monday, 10 A.M., Carnegie Room APRIL I MAY 2001 ACTIVITY LIST MAY 1,8,15, 22,29 Tuesday Night at the Library, 6:00 - 7:00 P.M. 2,9,16, 23,30 Preschool Storytime, Wednesdays, 10:30 A.M., Multi-Purpose Room 4,5; 11,12; Internet Training, Fridays and Saturdays, 8:30 - 10:00 A.M. 18,19; 25,26 5 "Cinco d'e Mayo", Saturday, Making banners in Youth Services the week before Cinco de Mayo. (traditional Mexican crafts) 5,12,19, Spanish Storytime, Saturdays, 11:30 A.M., Youth Services area 26 8(; 6 6-12 7 9 Last day for the OMSI "Light and Color Traveling Science Exhibit" National Pet Week, The Woodburn Veterinary Clinic is doing Wednesday's (May 9th) storytime and bringing animals for children to enjoy. Friends of the Library Meeting, Monday, 2:30 P.M. Carnegie Room Library Board Meeting, Wednesday, 12 Noon, City Hall Council Chambers 14 16 23 27 & 28 First of three: Brown Bag Lunch, "How to Grow Dahlias", presented by Conwin McNair, Wednesday, 12 Noon, Carnegie Room Book Discussion Group, Monday, 10 A.M., Carnegie Room Brown Bag Lunch, "How to Avoid Fraud, presented by David, Wednesday, 12 Noon, Carnegie Room Brown Bag Lunch, "Fitness and Exercise", presented by Tamara Hammack-Ryan, Wednesday, 12 Noon, Carnegie Room CLOSED: Sunday and Monday, Memorial Day Holiday A/P CHECK LISllNG FOR THE MONTH OF MARCH 2001 8H CHECK NO 54269 54270 54271 54272 54273 54274 54275 54276 54277 54278 54279 54280 54281 54282 54283 54284 54285 54286 54287 54288 54289 54290 54291 54292 54293 54294 54295 54296 54297 54298 54299 54300 54301 54302 54303 54304 54305 54306 54307 54308 5430g 54310 54311 54312 54313 54314 54315 DEPARTMENT SERVICES-WATER VOID VOID VOID REFUND-WTR/SWR REFUND~WTRJSWR REFUND-WTRJSWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-VVTR/SWR REFUND-~'R/~/VR SUPPLIES-VVWTP SERVICES-ENG SUPPLIES-VVWTP SERVICES-WATER SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-ENG SUPPLIES-POLICE SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-C STORES SUPPLIES-WATER SUPPLIES-POLICE SERVICES-FINANCE SERVICES-FINANCE SERVICES-PARKS SUPPLIES-WATER SUPPLIES-PARKS SERVICES-SELF INS SUPPLIES-FINANCE SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-WWTP SERVICES-PARKS SERVICES-COURT SERVICES-VVWTP REIMBURSE-ADMIN SUPPLIES-TRANSIT REIMBURSE-PLANNING SERVICES-PARKS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-ENG VENDOR NAME VENDOR NO VALLEY MAILING 021044 VOID VOID VOID VOID VOID VOID KARL KELLOGG NONE ASSOCIATES HOUSING NONE SANDSTRUM HOMES NONE FIRST AMER TITLE NONE ]ORGE VASOUEZ NONE SPRINGHAVEN APTS NONE 3AMES LIND NONE NW SIGNAL SUPPLY NONE AEROTEK 000080 APPLIED IND TECH 000456 ARAMARK UNIFORM 000534 AT&T 000623 BM CLEANING 001030 BEN FRANKLIN 001205 BIMART CORP 001275 BLUMENTHAL UNIFORM 001310 CASE AUTOMOTIVE 002190 COASTWIDE LAB 002626 COMARK GOVT SALES 002684 CROWN CONTROLS SOUTH 002917 DANNER SHOE MFG 003036 DIRECT LINK 003240 DP NORTHWEST 003264 ELECTRONIC SYS 004130 FAMILIAN NW 005030 FISHERS SUPPLY 005147 FLECKS FLOORING 005170 FRYS ELECTRONICS 005405 GW HARDWARE 006405 HACH CHEMICAL 007030 IKON OFFICE 008119 KENTEC MEATING 010060 LAWSON PRODUCTS 011176 LEISINGER DESIGNS 011202 M$I GROUP 012015 MARION Cl'Y BLDG 012090 KEZIA MERVVIN 012qq0 METROFUELING 012448 3IM MULDER 012670 NEXTEL COMM 013188 NW NATURAL 013350 ONE CALL CONCEPTS 014054 ONSITE ENVIRON 014055 DATE 3/1/2001 3/2/2001 3/2/2001 3/2/2ool 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2OOl 3/2/2001 3/2/2ool 3/2/2ool 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2001 3/2/2ool 3/2/2001 3/2/2001 3/2/2001 3/2/2001 AMOUNT $38e.oo $0.00 $o.oo $o.oo $9.20 $27.65 $34.60 $36.93 $22.15 $12.17 $28.18 $1,975.00 $170.00 $124.73 $41.85 $61.97 $200.00 $74.79 $44.86 $187.00 $1,516.28 $2 8.15 $857.21 $1,306.09 $103.95 $315.00 $4,958.00 $520.00 $97.30 $232.46 $3,463.8O $264.69 $65.26 $331.35 $466.09 $1,660.00 $69.62 $1,980.00 $125.00 $2O0.63 $74.49 $288.64 $32.83 $502.90 $4,641.01 $58.50 $916.16 Page 1 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 54316 54317 54318 54319 54320 54321 54322 54323 54324 54325 54326 54327 54328 54329 54330 54331 54332 54333 54334 54335 54336 54337 54338 54339 54340 54341 54342 54343 54344 54345 54346 54347 54348 54349 54350 54351 54352 54353 54354 54355 54356 54357 54358 54359 54360 54361 54362 54363 54364 SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-ATTY SERVICES-COURT SUPPLIES-WATER SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-FINANCE SUPPLIES-POLICE SUPPLIES-WWTP SUPPLIES-PLANNING SERVICES-ADMIN SERVICES-STREET REIMBURSE-CI)URT SUPPLIES-VARIOUS SUPPLIES-SELF INS SERVICES-VARIOUS SERVICES-PARKS SERVICES-VARIOUS SUPPLIES-PUB WKS SUPPLIES-ATTY SUPPLIES-WWTP SERVICES-PARKS SERVICES-PARKS SUPPLIES-PARKS SERVICES-POLICE REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR/WTR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIHBURSE-DAR RETH§URSE-DAR PAYROLL-A'I"I'Y/PW PETTY CASH-VARIOUS POSTAGE MTR-VARIOUS SERVICES-WATER VOID VOID VOID SERVICES-DAR OPEN SPACES 014057 3/2/2001 $25.00 OR DEPT ON COMSUMER 014199 3/2/2001 $612.15 OR DMV 014240 3/2/2001 $38.50 OR STATE POLICE 014535 3/2/2001 $24.00 US FILTER 015065 3/2/2001 $80.00 PAULS SMALL MTR 015175 3/2/2001 $511.56 PLAI-I' ELECTRIC 015340 3/2/2001 $59.35 PRAXAIR DIST 015480 3/2/2001 $14.46 QWEST 016201 3/2/2001 $194.38 QWEST 016202 3/2/2001 $223.00 RADIO SHACK 017030 3/2/2001 $24.99 3ACK RAWLINGS 017054 3/2/200! $248.48 ROTHS FOODLINER 017340 3/2/200! $124.60 SCHETKY NW 018240 3/2/2001 $3,270.00 TEK SYSTEMS 019046 3/2/2001 $736.00 MARY TENNANT 019055 3/2/2001 $65.62 US OFFICE PROD 019100 3/2/2001 $305.65 TOPHEALTH 019182 3/2/2001 $101.00 UNITED DISPOSAL 020020 3/2/2001 $2,553.95 VERIZON WIRELESS 021123 3/2/2001 $19.14 VERIZON WIRELESS 021124 3/2/2001 $1,147.87 WALLING SAND 022029 3/2/2001 $908.69 WEST GROUP 022160 3/2/2001 $157.00 WILCO FARMERS 022292 3/2/2001 $69.00 WILL RED CROSS 022328 3/2/2001 $20.00 WBN INDEPENDENT 022630 3/2/2001 $155.93 WBN RENT-ALL 022708 3/2/2001 $594.20 WBN 24 HR TOWING 022755 3/2/2001 $97.50 DOROTHA BORLAND 045100 3/2/2001 $93.00 CORNELIUS DONNELLY 045230 3/2/2001 $168.33 LEONARD GIAUQUE 045290 3/2/2001 $168.95 AGNES I-L4GENAUER 045310 3/2/2001 $120.28 FRED HAYES 045315 3/2/2001 $293.88 ROBERT HURST 045318 3/2/2001 $124.00 BEULAH 3OROAN 045320 3/2/2001 $188.83 3 WARD O'BRIEN 045497 3/2/2001 $65.72 30AN PREZEAU 045525 3/2/2001 $220.10 GERTRUDE REES 045545 3/2/2001 $104.16 LOLA SPERATOS 045560 3/2/2001 $41.85 STEVE STURN 045585 3/2/2001 $109.74 HAl-FIE VANDECOVERING 045670 3/2/2001 $36.89 OREGON PERS 014424 3/5/2001 $99.51 CITY OF WOODBURN 015255 3/7/2001 $130.66 US POSTAL SERV 020089 3/8/2001 $1,200.00 VALLEY MAILING 021044 3/8/2001 $661.20 VOI D V O I D $0.00 V O I D V O I D $0.00 V O I D V O I D $0.00 RScl MOBILITY SERV NONE 3/9/2001 $16.50 Page 2 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 8H 54365 54366 54367 54368 54369 54370 54371 54372 54373 54374 54375 54376 54377 54378 54379 54380 54381 54382 54383 54384 54385 54386 54387 54388 54389 54390 54391 54392 54393 54394 54395 54396 54397 54398 54399 544OO 544O1 544O2 544O3 544O4 54405 54406 544O7 544O8 544O9 54410 54411 54412 54413 SUPPLIES-MUSEUM REFUND-WTWSWR SERVICES-FINANCE SERVICES-POLICE REIMBURSE-PUB WKS SERVICES-ENG SUPPLIES-STREET SUPPLIES-ENG SERVICES-VARIOUS SERVICES-WWTP SUPPLIES-LIBRARY SERVICES-WWTP SUPPLIES-WATER SUPPLIES-PUB WKS SERVICES-PUB WKS SERVICES-FINANCE SERVICES-FINANCE SUPPLIES-WATER SUPPLIES-POLICE SERVICES-WWTP REIMBURSE-FINANCE REIMBURSE-PARKS SUPPLIES-WWTP SU PPLI ES-ATTY SUPPLIES-FINANCE PERMITS-PUB WKS SUPPLIES-VARIOUS SERVICES-WWTP SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-PLANNING SERVICES-ENG SUPPLIES-POLICE SUPPLIES-POLICE SUPPLIES-STREET SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SUPPlIES-VARIOUS REIMBURSE-ATTY SUPPLIES-POLICE SERVICES-WWTP SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-TRANS SERVICES-PUB WKS SERVICES-PARKS 3A,.'~N GOODWIN CITY OF WOODBURN SKILLPATH SEMINARS CAREER TRACK UMPQUA AMUSEMENTS AEROTEK ALBINA FUEL A-1 COUPLING ARCH WIRELESS AT&T BIMART CORP CHERRY CITY ELECTRIC CONSOLIDATED SUPPLY CONVEYERED AGG DEL DE HAAS & ASSOCIATES DIRECT LINK DP NORTHWEST FAMILIAN NW GALLS 1NC GE CAPITAL BEN GILLESPIE LESLIE GREEAR IND WELDING SUPPLY INTL MUNICIPAL LAWYERS KEY BUSINESS PROD MARION CTY BLDG INSPEC METROFUELING MOLALLA COMM NW NATURAL GAS OACP OFFICE MAX ONSITE ENVIRON OR DMV OREGON STATIONERS PORTER W YETT CO PORT GENERAL ELEC PORT GENERAL ELEC QWEST ROTHS FOODLINER N ROBERT SHIELDS SMITH & WESSON CAMERAS TEK SYSTEMS TERRITORIAL SUPPLIES US OFFICE PROD UNOCAL:ERNIE GRAHAM VIKING OFFICE WESTERN BUS SALES WOLFERS WBN FAMILY CLINIC NONE NONE NONE NONE NONE 000080 000100 OOO409 000535 000623 001275 002424 002770 002785 003108 003241 003264 005030 006011 006045 006189 006298 008100 008292 010076 012090 012448 012563 013350 014008 014031 014055 014240 014565 015400 015420 015422 016202 017340 018450 018580 019046 019060 019100 020010 021180 022175 022460 022587 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/g/2ool 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2OOl 3/9/2001 3/9/2OOl 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 $30.15 $17.15 $399.00 $129.00 $5oo.oo $390.00 $4,138.83 $55.36 $200.90 $15.63 $3.78 $590.00 $42.41 $170.00 $2,782.79 $19.95 $640.00 $53.12 $88.97 $382.71 $14.oo $15.00 $31.50 $580.0O $13.07 $501.56 $1,471.01 $24.95 $5,5o4.11 $15o.oo $280.97 $194.53 $39.00 $665.00 $344.50 $26,803.67 $247.20 $815.18 $393.11 $44.00 $900.00 $368.00 $153.80 $1,360.29 $358.08 $281.24 $3.52 $4,997.00 $136.00 Page 3 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 54414 54415 54416 54417 54418 54419 54420 54421 54422 54423 54424 54425 54426 54427 54428 54429 5443O 54431 54432 54433 54434 54435 54436 54437 54438 54439 5ddll 5~,.I12 51~3 5'I,~ 5~'I.~5 5qq46 5qq~.8 5~50 5~51 5~52 5~55 5~56 5~57 5~8 5~59 5~ 5~1 5~2 SERVICES-PUB WKS PEl-rY CASH-VARIOUS SERVICES-WATER VOID VOID VOID SERVICES-WATER SERVICES-MUSEUM SUPPLIES-ENG REFUND-SEWER REFUND-POLICE SUPPLIES-FINANCE SERVICES-STREET SERVlCES-ENG SERVICES-PARKS SU PPLI ES-WATER SUPPLIES-FINANCE SERVICES-ENG SERVICES-WWTP SERVICES-STREET SERVICES-WATER SERVICES-POlICE SERVICES-POlICE SUPPLIES-PARKS SUPPLIES-POLICE SUPPLIES-WWTP SERVICES-PUB WKS SERVICES-PLANNING SUPPLIES-STREET RETAINAGE-WWTP SERVICES-PUB WKS SERVICES-POLICE SUPPLIES-FINANCE SERVICES-PUB WKS SERVICES-FINANCE SERVICES-FINANCE SUPPLIES-WWTP SERVICES-WWTP SUPPLIES-MUSEUM SUPPLIES-WWTP SUPPLIES-WWTP SERVICES-PARKS SUPPLIES-WWTP SERVICES-PUB WKS SERVICES-WVVTP SERVICES-POLICE SUPPLIES-STREET SERVICES-WATER SERVICES-ENG WBN INDEPENDENT 022630 3/9/2001 $225.00 CITY OF WOODBURN 015255 3/14/2001 $150.56 VAIl FY MAIlING 021044 3/15/2001 $596.80 VOID VOID $0.00 VOI D VOI D $0.00 VOI D VOI D $0.00 DLT SOLUTIONS NONE 3/16/2001 $312.00 ALDEN GRAPHICS NONE 3/16/2001 $150.00 AM SOCIETY OF CE NONE 3/16/2001 $14.00 STIPAN KALUGIN NONE 3/16/2001 $127.80 KOHL INC NONE 3/16/2001 $147.00 COMPAQ SMARTSTART NONE 3/16/2001 $26.95 EVENT SOLUTIONS NONE 3/16/2001 $290.00 TRANS RESEARCH INST NONE 3/16/2001 $540.00 NATL SEMINAR CHP NONE 3/16/2001 $110.00 A&A DRILLING 000010 3/16/2001 $880.00 ADVANCED LASER 000066 3/16/2001 $149.85 AEROTEK INC 000080 3/16/2001 $195.00 AFFORDABLE CLEANING 000083 3/16/2001 $110.00 ARAMARK UNIFORM 000534 3/16/2001 $37.79 ARCH WIRELESS 000535 3/16/2001 $21.42 AT&T 000623 3/16/2001 $15.38 LANGUAGE LINE SERV 000659 3/16/2001 $284.17 HOUSEHOLD BANK 001199 3/16/2001 $379.99 BLUMENTHAL UNIFORM 001310 3/16/2001 $101.25 BOBCAT OF PORTLAND 001328 3/16/2001 $173.27 BROWN & CALDWELL 001573 3/16/2001 $50,999.77 ROGER BUDKE 001580 3/16/2001 $2,677.50 CANBY SAND 002060 3/16/2001 $554.38 CITY OF WOODBURN 002525 3/16/2001 $23,774.58 CRANE & MERSETH 002896 3/16/2001 $8,404.99 CRYSTAL SPRINGS WTR 002919 3/16/2001 $17.00 CI'L CORP 002926 3/16/2001 $914.15 DALLY JOURNAL 003020 3/16/2001 $160.88 DP NORTHWEST 003264 3/16/2001 $462.00 FEI AMERICA 005084 3/16/2001 $125.00 FISHERS PUMP 005147 3/16/2001 $377.85 ]AMES W FOWLER CO 005215 3/16/2001 $451,717.09 FRYS ELECTRONICS 005405 3/16/2001 $286.97 GK MACHINE 006009 3/16/2001 $26.40 GRESHAM FORD 006321 3/16/2001 $27,456.00 lOS CAPITAL 008118 3/16/2001 $311.04 IKON OFFICE 008119 3/16/2001 $39.49 LOY CLARK PIPELINE 011345 3/16/2001 $8,968.00 DAN LUNDY 011380 3/16/2001 $900.00 MARION CTY TREASURY 012223 3/16/2001 $70.50 MAULDING CONSTRUCTION 012305 3/16/2001 $754.00 MUFFLERS HITCHES 012655 3/16/2001 $665.07 MULTI TECH ENG 012682 3/16/2001 $22,304.51 Page 4 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 54463 54464 54465 54466 54467 54468 54469 54470 54471 54472 54473 54474 54475 54476 54477 54478 54479 54480 54481 54482 54483 54484 54485 54486 54487 54488 54489 54490 54491 54492 54493 54494 54495 54496 54497 54498 54499 54500 54501 54502 54503 54504 54505 54506 54507 54508 54509 54510 54511 SUPPLIES-POLICE SERVICES-PUB WKS SERVICES-WWTP SUPPLIES-ATTY SERVICES-POLICE SERVICES-PARKS SUPPLIES-WATER SUPPLIES-WWTP SERVICES-STREET SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-POLICE SUPPLIES-WWTP SERVICES-MUSEUM SERVICES-PLANNING SERVICES-PUB WKS SUPPLIES-WWTP SUPPLIES-POLICE SERVICES-POLICE SUPPLIES-WWTP REIMBURSE-PARKS DUES-ADMIN SUPPLIES-PARKS SERVICES-VARIOUS SERVICES-RSVP SUPPLIES-PARKS REIMBURSE-RSVP REIMBURSE-DAR REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP INVESTIGATIONS-POLICE SERVICES-WATER VOID VOID VOID REFUND-PARKS REFUND-PARKS REFUND-PARKS SUPPLIES-PARKS SERVICES-PARKS SUPPLIES-WWTP SERVICES-ADMIN SERVICES-ENG SERVICES-COURT SERVICES-LIBRARY SERVICES-STREET NATL NEIGHBORHOOD WTCH NORTH COAST ELECTRIC OR DEPT OF CONSUMER OR DMV OREGONIAN PUBLISH OVERHEAD DOOR PACIFIC SAFETY SUPPLY PARAMOUNT SUPPLY PNPCA CONT EDUCATION PORT GENERAL ELECTRIC PUBLIC WORKS SUPPLY PULLTARPS QWEST ROTHS IGA M LEE SMITH PUBLISH SOS LOCK SERV SPENCER & KUPPER TUALATIN ELECTRIC VAN WATER & ROGERS VIKING OFFICE VP CONSULTING VWR SCIENTIFIC D RANDALL WESTRICK WBN DOWNTOWN ASSOC WBN HIGH SCHOOL WBN I'NDEPENDENT WBN TRAVEL YES GRAPHICS DOROTHY GRAMSE FRAN HOWARD VADA OWENS 3UNE WOODCOCK lAY WOODS SCOI-I' RUSSELL VALLEY MAILING VOID VOID VOID YVONNE DOUGLAS 3UDY CRITTENDEN DEANNA PEACOCK SCOTT CASTO OR JUNIOR BASEBALL ENDRESS & HAUSER KP CORPORATION ASPHALT PAVEMENT OACA OLA ANNUAL CONFERENCE OR ASSOC OF WTR UTILITIES 013080 013215 014199 014240 014653 014700 015040 015120 015358 015420 015648 015660 016202 017340 018566 018608 018693 019290 021094 021180 021260 021300 022260 022580 022615 022630 022757 024025 035260 035270 035590 035648 O35763 017370 021044 VOID VOID VOID NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2OOl 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/16/2001 3/19/2001 3/22/2001 3/23/2OOl 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 3/23/2001 $483.32 $3,774.84 $83.74 $50.00 $291.80 $187.00 $75.00 $2,259.15 $21o.oo $9,477.16 $140.oo $78.27 $2,131.42 $19.00 $228.50 $53.00 $1,289.00 $1,247.00 $1,791.43 $101.72 $305.50 $231.83 $31.59 $50.00 $20.00 $457.61 $222.50 $340.00 $5.25 $35.00 $23.00 $26.00 $35.00 $5,ooo.oo $504.00 $o.oo $o.oo $o.oo $45.00 $45.00 $45.00 $51.00 $525.00 $329.12 $1,000.00 $i6o.oo $35.00 $303.00 $225.00 Page 5 A/P OLEO( LISTING FOR THE MONTH OF MARCH 2001 54512 54513 54514 54515 54516 54517 54518 54519 54520 54521 54522 54523 54524 54525 54526 54527 54528 54529 54530 54531 54532 54533 54534 54535 54536 54537 54538 54539 54540 54541 54542 54543 54544 54545 54546 54547 54548 54549 54550 54551 54552 54553 54554 54555 54556 54557 54558 54559 54560 SERV[CES-ENG SERVICES-WATER SUPPLIES-STREET SUPPLIES-POI[CE SUPPLIES-PARKS SERVICES-COURT SERVICES-POLICE SERVICES-VVW'rP SUPPI[ES-WWTP SUPPLIES-FINANCE SERVICES-STREET SERVICES-SELF TNS SERVICES-POLICE SUPPLIES-WATER SUPPLIES-VARIOUS SUPP~ES-WWTP SUPPI[ES-WWTP SERVICES-LIBRARY SERVICES-POI[CE SERVICES-PARKS SERVICES-WATER SERVICES-PARKS SUPPI[ES-ENG SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-~NANCE SERVICES-VAPJOUS SERVICES-POLICE SERVICES-VARIOUS SERVICES-ENG SERVICES-PARKS SUPPI[ES-WATER SERViCES-WATER SUPPI[ES-WWTP SERViCES--WATER SERVICES-WWTP SUPPI TES-VARIOUS SUPPI 1ES-ADMTN SUPPI 1E$-SI'REET SUPPLIES-WWTP SUPPI[ES--PARK$ SUPPLIES-ATTY SERVICES-PARKS SERVICES-POLICE SUPPLIES--VARIOUS PROPERTY-PUB WKS VOTD SERVICES-WATER PE1-1'Y CASH-VARIOUS AEROTEK INC 000080 3/23/2001 $175.00 AMTEST OREGON 000400 3/23/2001 $247.25 BEN-KO-MA'IqC 001200 3/23/2001 $2,810.90 BLUMENTHAL UNIFORM 001310 3/23/2001 $97.15 COASTWIDE LAB 002626 3/23/2001 $2,592.54 MARGOT COMLEY 002686 3/23/2001 $200.00 COMPAQ FIN SERVICES 002724 3/23/2001 $118.54 CORP INC 002879 3/23/2001 $142,900.77 CRONATRON WELDING 002915 3/23/2001 $696.73 CTL CORP 002926 3/23/2001 $396.98 CUES 002928 3/23/2001 $4,923.25 CURTS CARSTAR 002965 3/23/2001 $4,620.68 EMER SERV CHAPLAINCY 004146 3/23/2001 $768.00 HD FOWLER CO 005210 3/23/2001 $1,984.02 FRYS ELECTRONICS 005405 3/23/2001 $1,552.04 GK MACHINE 006009 3/23/2001 $26.40 GALVANIZERS 006013 3/23/2001 $125.00 GE CAPITAL 006079 3/23/2001 $169.62 IOS CAPITAL 008118 3/23/2001 $512.89 KENTEC HEATING 010060 3/23/2001 $480.00 I[NDS MARKET 011240 3/23/2001 $30.00 MSdVl AUTO WRECKING 012003 3/23/2001 $50.00 MARION CTY TAX ASSESS 012218 3/23/2001 $5.00 MARION CTY TREASURY 012223 3/23/2001 $7,030.25 METROFUELING 012448 3/23/2001 $2,361.85 NEW HORIZONS 013165 3/23/2001 $1,995.00 NEXTEL COMM 013188 3/23/2001 $1,463.72 NORCOM 013198 3/23/2001 $21,463,75 ONE CALL CONCEPTS 014054 3/23/2001 $192.60 ONS1TE ENVIRON 014055 3/23/2001 $495.73 OR REC 8,. PARKS ASSOC 014431 3/23/2001 $55.00 US FILTER 015065 3/23/2001 $4,612.00 PROTEC]qON ONE 015566 3/23/2001 $63.00 RADIO SHACK 017030 3/23/2001 $14.99 RADIX CORP 17035 3/23/2001 $256.74 TEK SYSTEMS 019046 3/23/2001 $368.00 US OFFICE PRODUCTS 019100 3/23/2001 $2,415.32 TIGERD[RECT 019155 3/23/2001 $63.15 UNOCAL:ERNIE GRAHAM 020010 3/23/2001 $509.34 VAN WATERS 8t ROGERS 021094 3/23/2001 $85.52 VIKING OFFICE 021180 3/23/2001 $542.84 WEST GROUP 022160 3/23/2001 $375.00 WOLFERS 022460 3/23/2001 $403.63 WBN FLORIST 022600 3/23/2001 $32.50 YES GRAPHICS 024025 3/23/2001 $1,722.00 FIRST AMERICAN TITLE 005126 3/26/2001 $309,705.89 VOI D VOI D $0.00 VAIl Fy MAILING 021044 3/29/2001 $393.60 CITY OF WOODBURN 015255 3/29/2001 $152.92 Page 6 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 8H 54561 54562 54563 54564 54565 54566 54567 54568 54569 5457O 54571 54572 54573 54574 54575 54576 54577 54578 54579 54581 54582 54583 54585 54587 54589 54590 54591 54592 54593 54594 54595 54596 54597 54598 54599 546O0 54602 546O3 546O4 54605 546O6 54607 54608 546O9 VOID VOID VOID VOID SERVICES-ENG SUPPLIES-LIBRARY SERVICES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY REFUND-BUILDING SERVICES-MUSEUM SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-PARKS SERVICES-ENG SERVICES-TRANSIT SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-POLICE SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-WATER SUPPLIES-PUB WKS SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-PARKS SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-FINANCE SERVICES-FINANCE SERVICES-FINANCE SUPPLIES-LIBRARY SERVICES-PLANNING SERVICES-POLICE SUPPLIES-PARKS SERVICES-PARKS VOID VOID $0.00 VOI D VOI D $0.00 VOID VOID $0.00 VOID VOID $0.00 RENAISSANCE ENDEAVOURS NONE 3/30/2001 $33.00 MI! I FNNIUM MEM TRUST NONE 3/30/2001 $42.50 OR CAREER INFO SYS NONE 3/30/2001 $266.57 KSA COMM K-READ NONE 3/30/2001 $87.84 RUSSIA ONLINE NONE 3/30/200! $71.20 FRED SNEGIREV NONE 3/30/2001 $24.95 ICISF NONE 3/30/2001 $196.00 HERITAGE CONF NONE 3/30/2001 $90.00 BRAINSTORM NONE 3/30/2001 $30.00 A&A PEST CONTROL 000011 3/30/2001 $299.25 ACE SEPTIC 000031 3/30/2001 $184.50 AEROTEK 000080 3/30/2001 $210.00 AM EAGLE GRAPHICS 000219 3/30/2001 $1,045.50 AMERICANA PUBLISH 000370 3/30/2001 $25.00 A-QUALITY TYPEWRITER 000420 3/30/2001 $126.45 ARAMARK UNIFORM 000534 3/30/2001 $1,210.45 AUTO ADDITIONS 000558 3/30/2001 $4,577.45 AT&T 000623 3/30/2001 $67.56 MEI'ROCALL 000655 3/30/2001 $14.03 BATTERIES NW 001159 3/30/2001 $12.00 HOUSEHOLD BANK 001199 3/30/2001 $1,083.98 BIMART CORP 001275 3/30/2001 $330.98 BOOKS ON TAPE 001349 3/30/2001 $5.00 BULLDOG VIDEO 001586 3/30/2001 $17.00 BUSINESS EQUIPMENT 001628 3/30/2001 $298.00 CALIFORNIA CONTRACTORS 002028 3/30/2001 $245.28 CAPITAL PAINT 002079 3/30/2001 $176.40 CASE AUTOMOTIVE 002190 3/30/2001 $1,613.55 CASCADE COLUMBIA 002218 3/30/2001 $245.00 CASCADE POOL 002226 3/30/2001 $2,031.04 CHEMEKETA COMM COLL 002410 3/30/2001 $1,223.95 CLASS SOFTWARE 002568 3/30/2001 $1,800.00 COASTAL FARM 002625 3/30/2001 $580.34 COMARK GOVT 002684 3/30/2001 $388.97 DAILY 3OURNAL 003020 3/30/2001 $268.13 DAVISON AUTO PTS 003080 3/30/2001 $190.93 DAVISON AUTO FTS 003081 3/30/2001 $24.60 DIRECT LINK 003240 3/30/2001 $315.00 DIRECT LINK OF OR 003241 3/30/2001 $56.83 DP NORTHWEST 003264 3/30/2001 $3,815.00 EBSCO SUBSCRIPTION 004040 3/30/2001 $22.99 ECO NORTHWEST 004050 3/30/2001 $27,000.00 EL HISPANIC NEWS 004119 3/30/2001 $298.14 EMERALD POOL 004150 3/30/2001 $139.00 ENGELMAN ELECTRIC 004190 3/30/2001 $5,704.75 Page 7 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 8[ 54610 54611 54612 54613 54614 54615 54616 54617 54618 54619 54620 54621 54622 54623 54624 54625 54626 54627 54628 54629 54630 54631 54632 54633 54634 54635 54636 54637 54638 54639 54641 54642 54643 54644 54645 54647 54648 54649 54650 54651 54652 54653 54654 54655 54656 54657 54658 SERVICES-WW'I'P SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-PUB WKS SUPPLIES-WWTP SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-PARKS SUPPLIES-POLICE SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-LIBRARY SERVICES-PARKS SERVICES-WATER SERVICES-C bT'ORES RENT-POLICE SERVICES-PUB WKS SERVICES-ENG SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SERVICES-PLANNING SERVICES-PARKS SERVICES-COURT SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-PARKS REIMBURSE-MUSEUM SUPPLIES-TRANS/DAR SERVICES-PLANNING SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-ENG SERVICES-PARKS SUPPLIES-PUB WKS SERVICES-PARKS SERVICES-VARIOUS SERVICES.-ENG SERVICES-POLICE SERVICES-POLICE EPI NW FAMILIAN NW FARM PLAN FEDERAL EXPRESS FLOMERS FURN FOTO MAGIC GALE GROUP GATEWAY LEARNING GENERAL BINDING GW HARDWARE HACH CHEMICAL HALTON CO C] HANSEN CO HILLYERS MID CTI'Y IND WELDING INFO USA MARKETING INGRAM DIST IOS CAPITAL IKON OFFICE KEY BUSINESS PROD KEY INVESTMENTS KOHRING CONSTRUCTION 'lIMO T KORKEAKOSKI L8d_ BUILDING RANDAll LANGBEHN LIFE BOOKS LIBRARY ASSOC LINCOLN EQUIPMENT LLOYD D LINDLEY M8tM AUTO WRECKING MSI GROUP MADERA CINEVIDEO MARION CTY TREASURY MARION ENVIRON MARSHALL CAVENDISH MCCORMICK BARKDUST KEZIA MERWIN METROFUELING METROPOLITAN GROUP MR P'S AUTO PTS MOORE MEDICAL MUFFLERS HITCHES NATL REC 8t PARKS ASSOC NORTH COAST ELECTRIC NW ELEVATOR NW NATURAL ONSITE ENVIRON OR DMV PAULS AUTO BODY 004245 005030 005062 005080 005180 005258 O06015 006023 006076 006405 007030 007046 007055 007228 008100 008110 008116 008118 008119 010076 010080 010105 010298 011010 011029 011228 011244 011250 011278 012003 012015 012036 012223 012227 012235 012350 012440 012448 012450 012510 012588 012655 013090 013215 013275 013350 014055 014240 015185 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/3o/2ool 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2O01 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 3/30/2001 $800.00 $1,293.52 $90.78 $20.16 $1,218.00 $59.26 $44.17 $1oo.o6 $315.00 $1,649.29 $82.60 $6,160.00 $883.72 $6.16 $544.17 $3,025.00 $2,844.69 $219.00 $9.17 $135.82 $3,592.64 $11,970.37 $~o.oo $1,125.94 $212.00 $32.50 $15o.6o $4,696.39 $1,965.00 $50.00 $125.00 $282.15 $246.67 $184.04 $60.00 $5,155.42 $53.03 $55.00 $9o.oo $1,o40.oo $900.00 $3,142.75 $345.38 $9.O0 $364.00 Page 8 A/P CHECK LISTING FOR THE MONTH OF MARCH 2001 54659 5466O 54661 54662 54663 54664 54665 54666 54667 54668 54669 5467O 54671 54672 54673 54674 54675 54676 54677 54678 54679 54680 54681 54682 54683 54684 54685 54686 54687 54688 54689 54690 54691 54692 54693 54694 s gs 54696 54697 54698 54699 54700 54701 54702 54703 54704 54705 54706 SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-FINANCE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WWTP SERVICES-PARKS SERVICES-VARIOUS SERVICES-PLANNING SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-WWTP SERVICES-PARKS SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-POliCE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-NON DEPT SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-VARIOUS REI'MBURSE-DAR REIMBURSE-DAR REiMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-WTR/DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR PEPSI COLA 015225 3/30/2001 $821.50 PENWORTHY CO 015226 3/30/2001 $167.68 QWEST 016201 3/30/2001 $189.88 QWEST 016202 3/30/2001 $223.00 RECORDED BOOKS 017102 3/30/2001 $183.60 REGENT BOOK 017148 3/30/2001 $14.18 ROTHS IGA 017340 3/30/2001 $250.88 LES SCHWAB TIRE 018300 3/30/2001 $556.39 SHOWCASES 018454 3/30/2001 $439.42 SIERRA SPRINGS 018460 3/30/2001 $67.50 SONITROL 018605 3/30/2001 $50.00 SOS LOCK SERV 018608 3/30/2001 $389.50 SPENCER & KUPPER 018693 3/30/2001 $1,404.00 SUNSET PROD 018819 3/30/2001 $50.00 lEK SYSTEMS 019046 3/30/2001 $1,288.00 US OFFICE PROD 019100 3/30/2001 $231.29 TSI 019268 3/30/2001 $262.50 UNOCAL:ERNIE GRAHAM 020010 3/30/2001 $415.69 VERIZON WIRELESS 021123 3/30/2001 $19.14 VERIZON WIRELESS 021124 3/30/2001 $990.6~ VIESKO QUALITY 021140 3/30/2001 $1,036.70 WALKERS CYCLE 022023 3/30/2001 $243.20 WEISS RATINGS 022128 3/30/2001 $195.95 HW WILSON CO 022418 3/30/2001 $163.00 WINDSOR ROCK 022427 3/30/2001 $769.66 WITHERS LUMBER 022445 3/30/2001 $612.93 CHAMBER OF COMMERCE 022510 3/30/2001 $2,000.00 WSN FERTILIZER 022590 3/30/2001 $1,613.59 W8 INDEPENDENT 022630 3/30/2001 $196.39 WSN RADIATOR 022700 3/30/2001 $424.00 WBN RENT ALL 022708 3/30/2001 $1,309.40 WORLD MEDIA EXPRESS 022815 3/30/2001 $161.29 YES GRAPHICS 024025 3/30/2001 $572.80 DOROTHA BORLAND 045100 3/30/2001 $72.85 ]ANICE DAVIS 045200 3/30/2001 $73.78 CORNELIUS DONNELLY 045230 3/30/2001 $217.62 ALTA FULLER 045270 3/30/2001 $39.68 LEONARD GIAUQUE 045290 3/30/2001 $144.77 AGNES HAGENAUER 045310 3/30/2001 $83.08 FRED HAYES 045315 3/30/2001 $325.50 ROBERT HURST 045318 3/30/2001 $147.25 BEULAH JORDAN 045320 3/30/2001 $140.09 CALVIN KOLLASH 045330 3/30/2001 $103.23 lOAN KOLLASH 045332 3/30/2001 $52.08 ] WARD O'BRIEN 045497 3/30/2001 $113.15 LOLA SPERATOS 045560 3/30/2001 $16.74 SI'EVE STURN 045585 3/30/2001 $89.28 HA'IT[E VANDECOVERING 045670 3/30/2001 $24.80 Page 9 A/P CHECK LI~I'ING FOR THE MONTH OF MARCH 2001 8H $1,397,412.12 Page 10 IOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: April 9, 2001 To: From: Subject: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development~~ Supplemental Review of Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04 (Woodburn Company Stores) RECOMMENDATION: In regard to this request, the City Council has the following options: (1) Adopt supplemental findings which support approval of Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04. (2) Adopt supplemental findings which support denial of Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04 and conclude the applicant failed to carry the burden of proof to approve the applications. It is recommended that the City Council instruct staff to prepare an ordinance to substantiate your decision. REQUEST: The applicant for this proposal requests supplemental review of specific approval criteria for Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04. This request is made in response to the State Land Use Board of Appeal's (LUBA) final Opinion and Order No. 99-135 which remanded the City of Woodburn's decision to approve said applications. The applications relate to a proposal by Craig Realty Group-Woodburn, LLC for annexation, comprehensive plan map and zoning map approval on 8.0 acres for Phases 2 and 3 of the Woodburn Company Stores. The site is located north of the existing Woodburn Company Store's project and west of Arney Road. APPLICABLE APPROVAL CRITERIA: There are no applicable city of Woodburn Zoning Ordinance or Comprehensive Plan provisions relevant to this supplemental review. The only applicable approval criteria are OAR 660-012-0060(1) and (2), part of the Oregon Transportation Planning Rule. The Transportation Planning Rule is an administrative rule IOA adopted by the Oregon Department of Land Conservation and Development (DLCD). The following approval criteria apply to the issues specified in LUBA's final opinion and order: Whether the application has a "significant affect" on the Woodburn I-5 interchange as that term is defined in OAR 660-012-0060(2). If there is a significant affect, then the City must determine whether any new and improved transportation facilities anticipated by the City's adopted and acknowledged Transportation System Plan will have sufficient capacity to accommodate the additional traffic generated by Phases 2 and 3 of the Woodburn Company Stores or, if not, whether one or more of the strategies in OAR 660-012- 0060(1) must be adopted to make the application consistent with the "identified function, capacity and level of service of the [affected] facility." Any conditions of approval or interpretations necessary to address the above- referenced criteria. BACKGROUND: On July 26, 1999, the City Council adopted Ordinance No. 2240 approving Annexation 98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04. The ordinance approved annexation of 8.0 acres on the north side of the existing Woodburn Company Stores site, changed the comprehensive plan map designation for the site from High Density Residential to Commercial, and changed the zoning designation for the site from Urban Transition Farm to Commercial Retail. The Council's decision to approve these land use applications was subsequently appealed to LUBA by the Oregon Department of Transportation (ODOT) and DLCD. On February 2, 2001, LUBA issued its Final Opinion and Order No. 99-135 remanding the city's decision for further review of several issues. DISCUSSION: LUBA's Final Opinion and Order states: In the present case, the relevant inquiry under OAR 660-012-0060(2)is whether the proposed amendment would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. The city must first determine whether the city"s existing transportation facilities are adequate to handle, throughout the relevant planning period, any additional traffic that the proposed amendment will generate. If the answer to that question is yes, then the proposed amendment will not significantly affect a transportation facility for the purposes of OAR 660-012-0060(1), and no further analysis is necessary. If the answer is no, then the city must consider whether any new and improved facilities anticipated by the TSP will generate sufficient additional capacity, and will be built or improved on a schedule that will accommodate the additional traffic that will be generated by the 2 IOA proposed amendment. If the answer to that question is yes, then, again, the proposal will not significantly affect a transportation facility. If, however, the answer is no, then the city must adopt one or more of the strategies set out in OAR 660-012-0060(1 ) to make the proposed amendment consistent with the identified function, capacity and level of service of the [affected] facility. Also, LUBA made it clear that the Council may use the existing Transportation System Plan (TSP) to determine whether approval of the development will significantly affect a transportation facility and that it is appropriate to consider whether one of the four TSP alternatives for the interchange improvement will provide sufficient capacity to accommodate the additional vehicle trips caused by the development. In this regard, the LUBA decision states: (N)othing precludes the city from considering whether one of the four TSP alternatives will be sufficient to accommodate the unanticipated additional vehicle trips that will be generated by the challenged decision without causing a decrease in the applicable level of service. If, however, the four alternatives identified in the TSP will not provide sufficient capacity to accommodate those additional vehicle trips, then the city must adopt one or more of the measures prescribed in OAR 660-012-0060(1). To address these issues, the applicant has provided supplemental information and findings prepared by Kittelson and Associates, Inc., dated March 23, 2001 (ref. Exhibit ~B'). City staff have reviewed the applicant's supplemental information and findings and believe that they adequately address the issues raised by LUBA. This agenda item has been noticed as a public hearing and the notice states that the City Council will accept written or oral testimony pertaining only to the project's compliance with the specific approval criteria specified above. Testimony relating to other approval criteria should not be accepted. Attachments: Exhibit A: Letter from Michael Robinson, dated March 26, 2001 Exhibit B: Supplemental Information and Findings, prepared by Kittelson and Associates, dated March 23, 2001 Exhibit C: Council Ordinance No. 2240 Exhibit D: LUBA Final Opinion and Order No. 99-135 10^ STOEL RIVES L .P ATTORNEYS STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE, SUITE 2600 PORTLAND, OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD (503) 221 - 1045 Intemet: www. stoel.com March 26, 2001 Exhibit "A" MICItAEL C. ROBINSON Direct Dial (503) 294-9194 email mcrobinson@stoel.com Mr. James P. Mulder, Director City of Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 Re: Craig Realty Group v. City of Woodburn, LUBA No. 99-135 Dear Mr. Mulder: This office represents Craig Realty Group-Woodbum LLC. Enclosed please find a letter dated March 23, 2001 from Paul Ryus of Kittelson & Associates. The letter responds to the issues identified by the Oregon Land Use Board of Appeals ("LUBA") in its decision remanding the City's approval of Phases 2 and 3 of the Woodburn Company Stores back to the Woodbum City Council. Please place this letter and the enclosure in the official Woodbum Planning Department file for this application and before the Woodburn City Council at its public hearing on April 9, 2001. Mr. Ryus' letter concludes that based on the acknowledged Woodburn Transportation System Plan ("TSP"), there will be sufficient capacity at the I-5/Highway 214 interchange to accommodate the additional trips from Phases 2 and 3. Porthdl-2068370.1 0027080-00001 SEATTLE I'ORTLAND VANCOUVER, WA BOISE SALT LAKE CITY WASIJINGTON, D.C. STOEL RIVES LLP IOA Mr. James P. Mulder, Director March 26, 2001 Page 2 Please feel free to call me if you have any questions about this letter. Very truly yours, Michael C. Robinson MCR: ipc Enclosure CC: Mr. Steve Craig (via U.S. Mail) (w/encl.) Mr. N. Robert Shields (via U.S. Mail) (w/encl.) Mr. Gary Katsion (via facsimile) (w/o encl.) Mr. Paul Ryus (via facsimile) (w/o encl.) Ms. Kathy Lincoln (via U.S. Mail) (w/encl.) Ms. Lynne Perry (via U.S. Mail) (w/encl.) Ponlndl-2068370.1 00270~0-0(~1 K Exhibit "B" KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 sw ALDER, SUITE 700 · PORTLAND, OR 97205 · (503) 228-5230 · FAX (503) 273-8169 lOA March 23,2001 Project #: 3383.3 Steve Craig Craig Realty Group~Woodburn LLC 1500 Quail St., Suite 510 Newport Beach, CA 92660 RE: Woodburn Factory Stores, Phases H & III--LUBA Remand Dear Steve: At your request, Kittelson & Associates, Inc. has reviewed the decision of the Land Use Board of Appeals on ODOT's and DLCD's appeal of the City of Woodbum's approval of Phases II & m of the Woodbum Factory Stores (LUBA 99-135). This letter reviews the relevant parts of the LUBA decision and shows how material in the Woodbum Transportation System Plan ("TSP") and Woodbum Factory Stores Phase II and HI Transportation Impact Analysis ("December 1998 TIA") satisfy the issues that resulted in LUBA's remand. LUBA Decision The portions of the appeal that were sustained address whether the proposed zone change and comprehensive plan amendment required to build Phases II and IH of the Woodbum Factory Stores will "significantly affect," as that term is used in the Transportation Planning Rule (OAR 660-012-0060(2)), the I-5 Woodburn interchange. On page 5 of its decision, LUBA identified three steps for determining whether an amendment "significantly affects" a facility: 1. Does the proposed amendment reduce the level of service of the facility below the minimum acceptable level identified in the TSP? If existing facilities can accommodate the additional traffic the proposed amendment will generate, throughout the TSP planning period, them is no significant effect; if not, step 2 applies. 2. Will new or improved facilities anticipated by the TSP generate sufficient additional capacity, and will they be built or improved on a schedule that will accommodate the additional traffic generated by the proposed amendment? If the answer is yes, the proposed amendment will not significantly affect the facility; otherwise, there is a significant effect and step 3 applies. 3. Can any of the actions outlined in OAR 660-012-0060(1) be implemented? If yes, then the impacts of the proposed amendment can be mitigated. H:~projfile\3383\Phase 3\scO30901 Itr. doc IOA Woodbum Factory Stores, Phases//& III--LUBA Remand Project #: 3383.3 March 23, 2001 Page: 2 On Page 7 of its decision, LUBA determined that the City of Woodbum "may use its existing TSP to determine whether the proposed expansion will significantly affect a transportation facility, and may rely on the anticipated increase in capacity at the Woodbum Interchange to accommodate additional trips generated by the proposal." Further, on Page 8, LUBA said that "nothing precludes the city from considering whether one of the four TSP [interchange] alternatives will be sufficient to accommodate the unanticipated additional vehicle trips that will be generated by the challenged decision without causing a decrease in the applicable level of service. If however, the four alternatives identified in the TSP will not provide sufficient capacity to accommodate those additional vehicle trips, then the city must adopt one or more of the measures prescribed in OAR 660-012-0060(1)." The remainder of this letter identifies where in the record the information exists to address LUBA's issues with the City's original decision. Woodburn TSP Review The Woodburn TSP, which the City adopted in June 1996, looked at four alternatives for the Woodburn Interchange. These alternatives are listed in Section 5 of the TSP; a copy of this section is included as Appendix A to this letter: 1. Adding capacity to the existing diamond interchange by constructing additional turn lanes at the ramp terminals. 2. A split-diamond interchange, with the north half connecting to Highway 214, and the south half connecting to a new south arterial. 3. A second I-5 interchange at Butteville Road, in conjunction with a new south arterial. 4. Converting the existing diamond interchange into a partial cloverleaf configuration. The TSP found that all of the alternatives could meet the City's standard of LOS "E" or better during the 2015 weekday p.m. peak period (Table 6, p. 41). Woodburn Factory Stores Phase H & III TIA Review Section 7 of the December 1998 TIA presents a year 2015 analysis of traffic conditions at the Woodburn interchange, with and without the proposed zone change and comprehensive plan amendment. This section is attached to this letter as Appendix B. The year 2015 was selected because it is the planning horizon of the Woodburn TSP, which was a 20-year period from 1996 to 2015. Because the Woodburn Interchange Alternatives Analysis project had not yet started at the time the TIA was prepared, a partial cloverleaf interchange configuration was evaluated. This configuration was selected for several reasons: (1) consistency with a 1991 ODOT conceptual plan for the interchange, (2) consistency with one of the TSP alternatives, and (3) of the four alternatives presented in the TSP, it approximated a worst case in terms of interchange operations (mitigating the existing diamond interchange had similar, but marginally worse operations). Kittelson & Associates, Inc. Portland, Oregon Woodbum Factory Stores, Phases II & III--LUSA Remand March 23, 2001 Project #.- 3383.3 Page: 3 The December 1998 TIA found (p. 44) that under 2015 background conditions (i.e., without the proposed amendment), additional mitigation would be needed for the ODOT partial cloverleaf design in order to meet applicable traffic operations standards. This mitigation consisted of additional turn lanes at the northbound ramp terminal, and lengthening the eastbound right-turn lane at the southbound ramp terminal. The December 1998 TIA estimated the additional trip generation resulting from the proposed amendment, if the land use were to change from the multi-family zoning assumed in the TSP to the proposed factory outlet mall (Table 9, p. 45). When this additional traffic was factored into the analysis, the TIA found (p. 48) that no further mitigation would be required beyond that needed to accommodate 2015 traffic volumes without the proposed zone change and comprehensive plan amendment. Therefore, it can be concluded the proposed amendment would not significantly affect the partial cloverleaf alternative presented in the TSP. Although not studied specifically in the December 1998 TIA, it can be inferred from the TSP's analysis of the interchange alternatives that the other three interchange alternatives would have similar or better operations, and therefore would also accommodate the proposed amendment (see Table 6, p. 41 in the TSP, and Table 10, p. 45 in the TIA). This is a result of the partial cloverleaf alternative approximating the worst-case alternative--two of the other interchange alternatives provided an new "south arterial" route for traffic to approach the interchange area, which reduced the turning volumes at the 1-5 Northbound Ramps/Highway 219 and I-5 Southbound Ramps/Highway 214 intersections, and thus improved the level of service. Woodburn Factory Stores Trip Generation Follow-Up Study Kittelson & Associates, Inc. prepared a report for Craig Realty Group in July 2000 comparing actual trip generation rates at the Woodbum Factory Stores, based on development of Phase I, to those rates estimated in the December 1998 TIA for Phases II and m. This report is attached to this letter as Appendix C. The study incorporated weekly traffic counts at the center between September 1999 and June 2000, used to evaluate seasonal differences in traffic and the effects of major store openings (i.e., Gap and Banana Republic) during that period, as well as detailed driveway turning counts in May 2000 during mid-week, Saturday, and Sunday peak periods. The report found that the trip generation rates measured at the site were comparable to the estimates used in the March 1998 TIA for Phase I. The report concluded the trip generation estimates used in the December 1998 TIA for Phases II and Ill would represent worst-case conditions, and that "...it could be reasonably concluded that the transportation impacts on the surrounding areas would be less than described in the December 1998 report." K/Ce/son & Associates, /nc. Port/and, Oregon Woodburn Factory Stores, Phases II & III--LUBA Remand March 23, 2001 Project #: 3383.3 Page: 4 IOA Findings Applying LUBA's tests for determining whether the proposed amendment "significantly affects" the Woodburn Interchange results in the following findings: 1. Can existing facilities accommodate the additional traffic the proposed amendment will generate ? The TSP identifies that the existing interchange cannot accommodate year 2015 traffic, under the existing zoning. The December 1998 TIA identifies that the proposed amendment will generate more traffic than was assumed in the TSP. Therefore, existing facilities cannot accommodate the additional traffic generated by the proposed amendment, and the second test is required. 2. Will new or improved facilities anticipated by the TSP generate sufficient additional capacity, and will they be built or improved on a schedule that will accommodate the additional traffic generated by the proposed amendment ? The December 1998 TIA identifies that the partial cloverleaf interchange alternative will generate sufficient additional capacity to accommodate the additional traffic generated by the proposed amendment. The TSP identifies that the interchange reconstruction is not required until sometime during the last 10 years of the TSP's planning period. The December 1998 TIA identifies that the shorter-term mitigation measures at the interchange recommended for the proposed development will satisfy traffic operations standards in the interim. Therefore, because at least one interchange reconstruction alternative anticipated by the TSP generates sufficient capacity to accommodate the proposed amendment, and because it can be built on a schedule that will accommodate the additional traffic, the proposed amendment does not "significantly affect" the Woodburn Interchange. Further, although not required under the LUBA test, it can be inferred from the analysis results presented in the TSP and the December 1998 TIA that, in fact, all four interchange alternatives presented in the TSP would accommodate the proposed amendment. With regard to the three issues that LUBA remanded to the City, the following demonstrates how revised findings can be adopted by the City to address those issues: 1. it is not clear whether the City reviewed the applicant's traffic impact study and the City's TSP to determine whether the proposed amendment would generate sufficient additional traffic such that the interchange's capacity would be exceeded by the end of the TSP planning period, even with the additional capacity provided by one or more of the TSP's interchange alternatives. As demonstrated above, the December 1998 TIA's analysis specifically shows that one of the TSP's interchange alternatives provides sufficient capacity to accommodate the additional traffic generated by the proposed amendment. Although not required by LUBA, it can be inferred from the analysis results given in the TSP and the December 1998 TIA that all four interchange alternatives would provide sufficient capacity to accommodate the proposed amendment. Kittelson & Associates, Inc. Portland, Oregon Woodbum Factory Stores, Phases II & III--LUBA Remand Project #: 3383.3 March 23, 2001 Page: 5 2. The City should have considered the full TSP planning period (through 2015) when making its findings, rather than determining simply "that the proposal currently does not significantly affect a transportation facility." Section 7 of the December 1998 TIA considers the full TSP planning period and demonstrates that the proposed amendment will not "significantly affect" the Woodburn Interchange. 3. LUBA could not determine from the City's findings whether (1) the proposed amendment would not significantly affect transportation facilities, (2) the proposed amendment would significantly affect transportation facilities, but that those impacts could be mitigated by the development, or (3) a determination of traffic impacts should be deferred to the site plan review process. If one of the interchange alternatives identified in the TSP is constructed by the end of the TSP's planning horizon (year 2015), an assumption allowed under the LUBA ruling, the December 1998 TIA demonstrates that the proposed amendment will not "significantly affect" the interchange. The interim interchange improvements that are described in the December 1998 TIA, which the City should condition of the proposed development, will ensure that traffic operations standards are met in the short term. We trust this letter resolves the issues identified by LUBA and will allow the City of Woodburn to adopt revised findings to address those issues. If you have any questions regarding this letter, please call Gary Katsion or me at (503) 228-5230. Sincerely, KITTELSON & ASSOCIATES, INC. Paul Ryus, P.E. Senior Engineer Attachments: Appendix A Appendix B Appendix C Woodbum TSP--Alternatives Analysis December 1998 Woodburn Factory Stores TIA--2015 Conditions Analysis July 2000 Woodbum Factory Stores Trip Generation Report Kittelson & Associates, Inc. Portland, Oregon IOA Appendix A Woodburn TSP Alternatives Analysis Woodbum Transportation System Plan 5,0 Roadway System Alternatives Analy ] O A I 1 I t I I I I I ! I ! l t [ [ I I 5.0 ROadway System Alternatives Analysis 5.1 Methodology In this phase of the transportation system plan development, future travel demand (year 2015) was tested on four different roadway systems. The analysis period was the weekday PM peak hour. To forecast future travel patterns, a year 2015 weekday PM peak hour travel demand model was developed and future traffic volumes were assigned to each of the roadway system alternatives (described below). Following the assignment, an operations analysis was per- formed to evaluate the effectiveness of each of the alternative roadway improvement systems. This analysis is summarized below. 5.2 Travel Demand Model Development As part of the roadway systems analysis, a year 2015 EMME/2 travel demand model was developed (see Appendix B for a description of the travel demand model). This model reflects future population and employment projections as provided by the City of Woodburn Commu- nity Development Department and was used to forecast future weekday PM peak hour traffic volumes. By the year 2015, it is anticipated that the population of Woodburn will grow from the current 15,000 to about 30,000. It is also projected that employment will grow from the current 5,000 employees to 14,000 employees. The population and employment projections include some development areas outside the existing Woodburn Urban Growth Boundary (UGB) with the expectation that the UGB will need to be expanded before year 2015 to handle anticipated growth. 5.3 Roadway System Evaluation Criteria Several, evaluation criteria for the rOadway system alternatives analysis were established: Traffic Operations Average Daily Traffic (ADT), which is the forecast 24 hour traffic volume at a specific location on a given road. The model forecasts ADT for all roads on the network. With ADT, it is possible to compare 24 hour traffic volumes on the same road under different transportation alternatives. Daily Vehicle Miles Traveled (VMT), which is the forecast total number of vehicle miles traveled on the road system over a 24 hour period. For example, if the model forecasts that over a 24 hour period, 1,000 vehicles will travel on the road system and there are 20 miles of roads, the VMT is equal to 20,000 (1000 multiplied by 20). The lower the VMT the better, as this implies people do not have to travel as far for different trip purposes and thus less fuel is consumed and less pollution is created. Daily Vehicle Hours of Travel (VHT), which is the forecast number of hours that people spend traveling from their trip origin to their destination and back. For example, if, over a 24 hour period, there are 1,000 vehicles traveling on the road system and the model shows that it would take on average 30 hours for one vehicle to travel from its origin to its destination and back, the forecast VHT is equal to 30,000 ( 1,000 multiplied Kittelson & Associates, Inc. 27 5.0 Roadway System Alternatives Analysis June 1996 Woodburn Transportab'on System Plan IOA by 30). VHT is a measure of system wide road congestion. The higher the VI-IT, the more congestion there is, as it takes vehicles longer to travel from their origins to their destinations. · Lane Miles Over Capacity, which is the forecast number of lane miles operating over capacity. For example, if there is one four lane segment of road operating over capacity and that section of road is two miles long, the forecast lane miles over capacity is eight (two lane miles over capacity multiplied by four lanes). The fewer lane miles over capacity the less road congestion exists on the network. In addition, on a microscopic level, the intersection traffic operations were evaluated based on a forecast weekday PM peak traffic level of service analysis. Land Use Impact The general land use impact of each alternative reflects the impact of roadway improvements to guide the location of and serve added development in the Woodburn area in the future. Critical to this analysis was the ability to develop roadway improvements within the existing ' Woodburn Urban Growth Boundary. This impact assessment also addressed right-of-way acquisition needs. Environmental Impact The general environmental impact of each roadway system alternative involves an assessment Of how roadway improyements might impact environmentally sensitive areas, such as Wetland and habitat areas. Cost The general cost of constructing the major roadway system improvements in each alternative was identified. The cost 'estimates are very conceptual and are based on assumed costs per mile for different types of facility improvements. Cost estimates are in 1995 dollars. 5.4 Description of Roadway System Alternatives Traffic operations under four roadway alternatives were evaluated. These alternatives are: No-Build Alternative: In this alternative future traffic volumes are assigned to the existing roadway system. substantial roadway improvements would be made. Alternative #1: I-5 Split Diamond Interchange with South Arterial The major features of this alternative, shown in Figure 12, include converting the e×isting I-5/Highway 214 interchange to a split diamond interchange, extending Woodland Road south to connect with the south end of'the new split diamond interchange, constructing a South Arterial to connect with the new interchange, and developing a frontage road on the east side of Interstate 5.' Kittolsor~ & Associates, Inc. .J I × I I × I I I I I I II II II 5.0 Roadway System Alternatives Analysis June 1996 Woodburn Transportab'on System Plan Also shown in Figure 12 is an alternative to extend the South Arterial east of Highway 99E to connect with Highway 214. Alternative #2: Second I-5 Interchange with South Arterial In this alternative, shown in Figure 13, a new Interstate 5 interchange would be constructed south of the existing Urban Growth Boundary just north of the existing Butteville Road over-crossing, with a South Arterial developed as an extension of Butteville Road to the east to connect with Highway 99E. Also in this alternative Woodland Road would be extended south to Butteville Road to connect with the interchange, with a frontage road constructed on the east side of I-5 between Highway 214 and the South Arterial. Associated with this alternative is a possible extension of the South Arterial east of Highway 99E to connect with Highway-214. Alternative #3: Improve Existing I-S Interchange and Widen Highway 214/ South Arterial with I-5 overpass This alternative is.shown in Figure 14 and does not include a new .I-5 interchange. Instead in this alternative, the existing interchange would, be improved by widening Highway 214 over Interstate 5, from Woodland Drive on the west to Highway 99E. In addition, a South Arterial would be constructed within the Urban Growth Boundary extending from Woodland Drive on th~ west to. Highway 99E on the east, with an overpass of 1-5. Similar to ,41ternatives 4/1 and #2, shown in Figures 12 and 13, the South Arterial could be extended east from HighWay 99E to connect with Highway 214. This alternative was analyzed for two improvement options to the existing 1-5 Highway 214 interchange: 1. Improvements to the existing diamond configuration and, 2. Conversion to partial cloverleaf configuration. .~ 5.5 Evaluation of Alternatives 5.5.1 Transportation System performance Following the development of three alternatives, and the incorporation of these alternatives (separately) into the travel demand model, the alternatives were evaluated using the previously described performance measures. Table 2 compares forecast average daily traffic (ADT) volumes at specific locations for the different roadway system alternatives (Appendix C presents year 2015 traffic flow maps for each alternative). As shown in the table, if no improvements were made to the road system, 2015 traffic volumes on Highway 214 east of the northbound Interstate 5 ramps would increase to 39,000 vehicles per day. This volume would decrease under each of the alternative road systems. Similarly at Hi~ghway 214 east of Settlemier Av. enue, West Hayes Street west of Settlemier Avenue, and~Y°ung Street west of Highway 99E, the 2015 traffic volumes under any of the Build Alternatives would be less than the No-Build Alternative. This is not true on Highway 99E south of Lincoln Street2 At this I~i~elson & Associates, Inc, IOA I I I I I I I X X X I I I x I I x I I ! IOA I I II w II ~rv II .~ I 5.0 Roadway System Alternatives Analysis June 1996 Woodburn Transportation System Plan IOA · Highway 214 between the northbound ~nterstate 5 ramps, and Evergreen Road, · Evergreen Road between Highway 214 and its terminus, and · Settlemier Avenue just south of West Hayes Street. Figures 15 through 18 show which roadway segments are under, near, or over capacity for the no-build condition and roadway system alternatives #1, #2, and #3. Compared to the No-Build Alternative, Alternative #1 (1-5 Split Diamond Interchange with South Arterial) would have the lowest number of lane miles over capacity of all three alternatives. In this alternative only 0.26 lane miles 'of Woodburn roads would be operating over capacity. This would be Woodland Road just north of Highway 219, which is likely a result of restricting the Arney Road access to High(ray 219 to right-in, right-out only move- ments. Also, in this alternative Highway 214 would be operating near capacity for almost its entire length between Interstate 5 and Settlemier Avenue. Alternative #2 has the greatest effect of reducing congestion on Highway 214; however, it does have more lane miles over capacity than either Alternative #1 or #3. Congestion would occur on Parr Road in the vicinity of Interstate 5. On a daily basis, VHT is the lowest in Alternative #2. VMT is most significantly reduced, relative to the No-Build alternative, by implementing. Alternative #3 (South Arterial; Interstate 5 over crossing). However, both of these alternatives introduce more traffic congestion than Alternative #1 (1-5 Split Diamond Interchange).. 5.5.2 Major Intersection Improvement Needs A.n initial year 2015 level of service (LOS) analysis was performed at five major intersections assuming no improvements to the City of the Woodburn street system in the future. The critical intersections, are southbound I-5/I-Iighway .214, northbound I-5/Highway '.214, Highway 214/Settlemier Avenue, Highway 214/99E and Highway 99E/Young Street. A new signal was assumed at the northbound I-5 ramp intersection. As shown in Table 4, under the No-Build Table 4 Summary of Level of Service Analysis Intersection Weekday P.M. Peak Hour Level of Service 2015 2015 Alt. #1 * Alt. #2* Alt. #3* No-Build No-Build (I-5 Split (2nd I-5 (Impr. Existing Mit{gated Diamond Interchange) Interchange/ Interchange) Hwy. 214) SB I-5/Hwy 214 F E D c D NB I-5/Hwy 214 F C C A B Hwy ~'t 4/Setflemier Avenue F E D D D Hwy 214/Hwy 99E F E E E E Hwy 99E/Young Street F D C D C With South Arterial extension to Highway 99E Ki~elson & Associates, /nc. 34 .:. June 1996 Woodburn Transportation System Plan 5,0 Roadway System Alternatives Analysis Table 2 Year 2015 Average Weekday Traffic for Roadway System Alternatives Alternative Hwy, 214 East of Hwy. 214 East of West Hayes Hwy. 99E Young Street NB I-5 Ramp Settlemier West of Settlemler South of Lincoln West of Hwy, 99E 2015 No-Build 39,000 26,000 12,000 23,000 10,000 2015 Alternative # 1 ' 30,000 20,000 5,000 18,000 6,000 2015 Alternative #2* 27,000 17,000 5,000 22,000 7,000 2015 Alternative #3' 34,000 20,0000 6,000 26,000 9,000 · South Bypass or Parr Road extension east to Highway 99E. location, under Alternative #1 forecast daily traffic volumes decrease relative to the No-Build Alternative; under Alternative #2 the forecast traffic volumes remain essentially the same relative to the No-Build Alternative; and under Alternative #3 the forecast traffic volumes increase relative to the No-Build Alternative. In Table 3, lane miles over capacity (weekday p.m. peak hour), weekday vehicle hours of travel (VHT), and weekday vehicle miles of travel (VMT) for each of the. three study alternatives are compared. These measures are interrelated and are thus best evaluated together rather than individually. As shown in this table, daily VMT, VHT, and the number of lane miles.over capacity would increase dramatically between now and year 2015. VMT would increase approximately 80 percent, and VHT would increase approximately 185 percent. This dramatic increase in VHT relates directly to the increase of lane mile's over capacity. Under existing conditions, there are no lane miles operating over capacity; however in the future,, if no road improvements were made, there would be 1.1 lanes miles of road over capacity. The over-ca- pacity roads would be: Table 3 Summary of Traffic Operations Performance Measures Scenario Lane Miles Over Capacity Weekday Weekday (Weekday P.M. Peak Hour) Vehicle Hrs. of Travel Vehicle Miles of Travel (VHT) (VMT) Existing 0 8,955 406,255 No-Build 1.1 25,625 730,260 Alternative #1 A* 0.26 24,035 717,120 Alternative #1 B'* 0.26 23,995 718,055 · -Alternative #2A' 0.52 23,730 715,360 Alternative #2B*· 0.52 23,745 714,815 Alternative #3A* 0.50 24,665 707,840 Alternative #3B" 0.70 24,680 I ; 707,300 South Arterial east to Highway 99E. South Arterial east to Highway 214. Kittelson & Associates, Inc. 33 I I I I I i I I I I I I I IOA I I · · · · · · IOA Appendix B December 1998 Woodburn Factory Stores TIA 2015 Conditions Analysis June 1996 Woodburn Transportation System Plan IOA 5.0 Roadway System Alternatives Analysi,. Finally, the alternative to improve the existing I-5/Highway 214 interchange without a direct connection to the South Arterial (which would have a separate overpass of 1-5 under this alternative) would provide only limited improved access to the southwest portion of the City. This alternative (assuming a partial cloverleaf ramp improvement were developed) would also require the taking of some existing businesses in the northwest and southeast quadrants of the interchange. The other interchange build alternatives would be developed in existing undevel- oped areas and not have as great an impact on existing businesses. Also the widening of Highway 219/214 under this alternative would probably require significant right-of-way from existing businesses along this roadway. Under any of the build alternatives, other collector and local street extensions and widening would result in some fight-of-way, acquisition thus impacting adjacent development to some extent. Environmental Under any of the build highway system alternatives, the potential alignments for new inter- change and street construction appear to result in limited impact on environmentally-sensitive areas in the Woodburn area. The South Arterial could be aligned south of the small reservoir on the south side of the City, and be potentially located around the south side of the sewage lagoon east of Highway 99E if eventually connected to Highway 214. Cost The difference in cost of the different highway system alternatives is primarily associated' with the different 1-5 interchange configurations. The 1-5 split diamond interchange configuration is estimated to cost as much as $15 million, while a second I-5 interchange at Buttevflle Road. could cost as much as $20 million (pending the final location of the 1-5 over-crossing and the extent of frontage road development between the existing Highway 214 interchange to the north and the new interchange). Improvements to the existing interchange (assuming conversion to a partial cloverleaf configuration with a new bridge) could be up to $10 million, and possibly more pending the level of 1-5 frontage road development south of Highway 214. The South Arterial improvement cost (from Highway 219 to Highway 99E) would probably range from $5-10 million for the split diamond/new interchange alternatives, being of lesser cost with the second 1-5 interchange at Butteville Road due to the shorter length of new. roadway to be constructed. The cost of other street improvements in each highway system alternative would be' similar, with the possible exception of street improvements in the current undeveloped southwest portion of the City, whose configuration will be dependent on a final master Plan for that area as well as the eventual 1-5 interchange/South Arterial improvement configuration. Im- provements to arterial and collector streets could total up to $40 million. Kittelson & Associates, Inc. d5 June 1996 Woodburn Transportation S~.tem Plan 5.0 Roadway System Alternatives Analysis 5.5.4 Land Use/Environmental/Cost Impacts Table 7 summarizes the general land use, environmental and cost impacts of the highway system alternatives. A discussion of each impact area follows. Table 7 Summary of Land Use/Environmental/Cost Impacts -. Roadway System Alternative Impact Category Alternative #1 Alternative #2 Alternative #3 No-Build I-5 Split Diamond 2nd I-5 Improve Existing Interchange Interchange Interchange Land Use Serves Overall Development in _ + _ 0 Area Promotes Development Inside 0 + _ -I- Current UGB Right-of-Way Requirements + _ -- 0 Environmental Wetlands/Environmentally -I- -t- + -l- Sensitive Areas Air Quality ~ + + ' 0 Cost. + -- -- -- + Positive impact 0 Minimal impact or not applicable - Negative impact Land Use The no-build ani:l three roadway system improvement alternatives would have different impacts on future land development patterns within the Woodburn area. The no-build alternative would severely limit added development potential in the City, as most of the current undeveloped area within the existing Urban Growth Boundary is in the southwest portion of the City, which has virtually no street system currently developed. The absence of improved I-5 access and a South Arterial facility under this alternative would limit the ability to develop this area in the future, without having significan, t traffic infiltration impacts through the Senior Estates area south of Highway 214. The development of an 1-5 split diamond interchange with a northerly South Arterial alignment would improve access to the undeveloped southwest portion of the City, but the South'Arterial facility east of 1-5 would bisect the proposed Woodburn Crossing mixed-use development area and potentially have a negative impact on the master plan for this development. The develop- ment of a second I-5 interchange in the vicinity of Butteville Road, with a southerly South Arterial alignment, would provide the best overall access to the southwest portion of the City, but could stimulate development pressures outside the existing Urban Growth, Boundary, as the new interchange and a portion of the South Arterial would be located outside the UGB. With a northerly South Arterial option, the road could be developed entirely withirt the existing urban growth boundary. 44 Kittelson 8, Associates, Inc. June 1996 Woodbum Transportation System Plan IOA 5.0 Roadway System A/ternatives Analysis 1. All of the alternatives would have similar operating characteristics on 1-5, ranging from level of service C to D. 2. The proximity of a second interchange at Butteville Road would not have an ad~,erse impact on Highway 214 interchange ramp operations, and vice versa. '~ 3. The existing diamond interchange would experience very poor level of service E to F at the ramp terminal intersections, even with added through and left turn lanes at the northbo6nd and southbound ramp intersections. The overall cross-section of Highway 214'would be a 6-7 lane roadway. 4. The split diamond interchange would improve level of service at the Highway 214 ramp intersection from C to D, with only five lanes required on the 1-5 overpass structure. At the south interchange, five lanes on the South Arterial would be required to provide level of service D or better. 5. The best intersection ramp terminal level of service (C-D) is achieved with two interchanges, due to the dispe, rsal of traffic with this configuration. However, Highway 214 would still have to widen to a five-lane section on the I-5 overpass. The South Arterial could operate as a three-lane facility at the south interchange. 6. The. partial cloverleaf interchange would operate very similarly to the diamond interchange or the split diamond interchange for freeway merge/dive[ge conditions. Analysis of the ramp intersection level of service as shown in Table 6, reveals the ov~erall operation' very similar to the diamond interchange. This is due to the extremely!...poor lane balance which would result at the interchange traffic signals because of the lane balance required at the adjacent signalized intersections at Woodland Road.and Evergreen Road to achieve level of service D. Kittelson & Associates, Inc. 43 5.0 Roadway System AlternatiYes Analysis June 1996 Woodt~um 'rransportaUon System ma~ IOA' The mitigation required at the south ramp terminals of the split diamond interchange is to provide a five-lane roadway section in the vicinity of the interchange. The extremely poor level of service forecast for the diamond interchange includes separate fight turn lanes on Highway 214 as well as double left turn lanes from Highway 214 to the on-ramps. This would represent the maximum possible "build" for a diamond interchange design. Even with this configuration, it is very likely that the level of service will be significantly worse since it would be difficult to achieve the lane balance assumed in the analysis because of the influence of the upstream and downstream signalized intersections. Possible variati'on to the diamond interchange design is to construct of a partial cloverleaf at Highway 214. A very important consideration in any interchange design is the potential lane balance which will be accommodated by the design. Lane balance is determined by evaluating the de§ign to ensure traffic is distributed equally in all lanes as assumed by the intersection analysis program or to make the appropriate adjustment in the calculation to reflect the influence of the upstream and downstream traffic signal and roadway. Analysis of the year 2015 PM peak hour westbound traffic volumes on Highway 214. reveals that 1900 vehicles per hour will approach 1-5 in the westbound direction. This traffic would pass through the Evergreen Road traffic signal which is located 800 feet east of the northbound 1-5 ramp terminal. In order to accommodate the 1900 vehicles per hour through the Evergreen traffic signal, the two westbound lanes must equally share the total, westbound traffic. This is equivalent to 950 vehicles per hour per lane in order to access either i-5 northbound or 1-5 southbound. Since the location is no greater than 800 feet east of 1-5, all the traffic to northbound 1-5 and a majority of the traffic must' be in the right lane. Even with a right turn lane, traffic will not be able to move out of the through lane until the platoon approaches the traffic signal and if this traffic is provided signal progression, which is required to minimize the queue on this approach, only 470 vehicles of the 840 vehicles desiring to enter 1-5 southbound can be in the fight lane at the northbound ramp terminal. This requires a total of nearly 400 vehicles to shift two lanes immediately after passing through the northbound ramp terminal signal and prior to entering the loop ramp to I-5 southbound. Similar conditions will bo created for eastbound traffic approaching the southbound ramp terminal traffic signal. The total volume Of' 1450 vehicles per hour would leave the Woodland/High- way 214 traffic signal. With the southbound on-ramp followed by a northbound on-ramp to I-5; 930 of the 1450 vehicles per hour must be in the right lane to avoid lane shifts on the 1-5 structure. When these conditions of poor lane balance occur downstream' of a signalized intersection, the assumed lane balance as provided with the intersection level of service calculation will not be achieved. If lane balance is achieved as assumed in the calculation, congestign will occur downstream of the 'traffic signal, at the diverge po~int resulting in delay and safety problems extending back to the adjacent intersection. This lane balance may be alleviated somewhat by increasing the distance between the adjacent traffic signal and the downstream diverge point. Conclusions Based on the freeway and ramp intersection operations analysis conduc~ted for the different I-5 interchange alternatives, the following conclusions can be drawn: Kittelson & Associates, Inc. June 1996 Woodbum Transportation System Plan 5,0 Roadway System Alternatives Analysi,. t ~ The 1994 Highway Capacity Manual (HCM) procedures/'or freeway merge/diverge operation was applied for this analysis. This particular operational analysis procedure on 1-5 represents a merge/diverge condition on the freeway rather than a weave since no added lanes between interchanges is proposed by any of the alternate interchange configurations. ': As shown in Table 5, although there is a measurable change in calculated freeway/ramp junction level of service, there is no measurable change in the lane density or the operating speed Of the freeway. This alone should not be used as criteria to select one alternative design over another. Interchange Operation The 2015 .PM peak traffic volume/turn movement was assigned to the interchange configura- tions under consideration. A level of service analysis was performed for ~ach ramp terminal with the cross street using the SIGCAP procedure, with a determination of the lane requirements 'at each intersection location to provide a balanced roadway section with adjacent intersections. The results of this analysis is shown in Table 6. This provides a comparison of the volume to capacity ratio and level of service calculated for each alternative. Table 6 I-S Interchange Ramp Terminal Operation - 2OlS Weekday PM Peak Hour Interchange Intersection LOS VIC Configuration ...... Northbound Off/On-Ramp E-F 98% Diamond Southbound Off/On-Ramp E 96% North Off-Ramp (Hwy 214) C-D 75% Split South Off. Ramp (South Arterial) D-E 87% Diamond North On-Ramp (Hwy 214) D 82% · South On-Ramp (South Arterial) D-E 88% ~' Parr Road/Butteville Road Northbound Off/On-Ramp D 84% Two Southbound Off/On-Ramp D 81% Interchanges. Highway 214 Northbound Off/On-Ramp C-D 75% Southbound Off/On-Ramp D 77% Northbound Off/On-Ramp E 97% Partial Cloverleaf Southbound Off/On-Ramp E 94% The analysis revealed that the best intersection level of service would be provided with the two interchange configuration, due to the dispersal of traffic. With this cob'figuration, a three-lane section on the South Arterial at the interchange would be adequate. ~ Kittelson & Associates, Inc. 41 5.0 Roadway System Alternatives Analysis June 1996 Woodburn Transportation System Plan 1 IOA Freeway Operation : The purpose of this evaluation was to develop a comparison of the expected freeway opera- tion/level of service between the three interchange alternatives considered in the roadway system alternatives analysis. The three alternatives include: · Existing diamond interchange; · Split diamond interchange; and · Two interchanges, with new interchange in the vicinity of the existing Butteville Road overcrossing.. A partial cloverleaf configuration at the existing Highway 214 interchange was also analyzed primarily to determine the benefits which might be achieved in' the operation of Highway 214 through the signalized intersections. The results of this analysis along with the three alterna- tives are shown in Table 5. Table 5 ' Southbound 1'5 Freeway Operation - 2015 Weekday PM.Peak Hour Interchange Configuration Condition/Criteria Two Interchanges Partial Cloverleaf Diamond Split Diamond Butteville Highway First Second Road 214 Ramp Ramp Diverge Ramp Volume (vph) 960 960 400 590 960 - Freeway Volume (Lane 1,2)~(vph)2 3,578 3,578 3,379 3,490 3,578 - Level of service D D C D D - Density3 29 29 27 28 29 - Speed (mph) 56 56 56 56' 56 - Merge Ramp Volume (vph) 1,220 1,220 790 460 840 380 Freeway Volume (Lane 1,2)~(vph)2 3,968 3,968 3,769 3,352 3,534 3,579 Level of Service D D D C D D Density3 32 32 30 27 29 29 Speed (mph) 54 54 55 56 55 56 I lanes 1 and 2 are two right-most lanes on freeway 2 vph - vehicles per hour 3 density - vehicles per mile per lane 2015 PM peak hour traffic volumes were used for this analysis, as this period was considered the highest overall traffic period and most appropriate for design purposes. T, he PM peak hour volumes were derived from the daily EMME/2 model traffic projections by applying existing peak hour and intersection turning movement percentages. Southbound 1,5 operations were analyzed as this represents the peak direction of traffic on 1-5 during the PM peak hour.. Kittel$on & Associates, Inc. 4O June 1996 Woodburn Transportation System Plan 5.0 Roadway System Alternatives Analysis alternative, futur~ PM peak hour traffic level of service degrades to LOS F at all five intersections. LOS E is the typical minimum acceptable level of service at signalised intersec- tions in an urban area such as Woodburn ("A" ?epresenting the best and "F" the worst level of service). Thus, all five identified intersections have an unacceptable level of service. Given these unacceptable levels of service, a mitigation analysis was performed on the.20'15 PM peak hour No-Build scenario in order to determine what intersection improvements at the five critical intersections would be necessary to restore acceptable.operating conditions. The necessary improvements are as follows: · Southbound I-5/Highway 214: Add a second left turn and right turn lane on the southbound 1-5 ramp; re-stripe the eastbound intersection approach to include a through lane and a right turn lane; add a second left turn lane to the westbound approach. · Northbound I-S]I4ighway 214: Signalize; add a second right turn lane on the north- bound 1-5 ramp; add a second left turn lane to the eastbound intersection approach; add a second through lane to the Westbound approach. · Highway 214/Settlemier Avenue: Optimize the signal timing to minimize delay; add a second left turn lane at the northbound approach; and restripe the southbound approach to the:intersection to include one left turn, one right turn, and one through lane. · Highway 214/I-Iighway 99E: Add a second left turn lane to the eastbound intersection approach; restripe the westbound intersection approach to include one left turn lane, one through lane and one right turn lane; add a second left turn lane to the' northbound approach to the intersection. · Highway 99E/Young Street: Construct an exclusive right turn lane for vehicles to turn from westbound Young Street to northbound Highway 99E. With these improvements all of the critical intersections Will operate at LOS E or better in the future PM peak hour. Next a PM peak hour traffic level of service analysis was perfOrmed on each of the identified road system alternatives..The intersection improvements identified above were included in this analysis. Under Alternative gl, the above mitigations will 'provide for acceptable operating conditions at all of the study intersections except the intersection of soutthbound Interstate 5/Highway 214. At this intersection'it is necessary to add a second right turn lane to the southbound approach to the intersection. As shown in Table 4, in Alternative #2 and #3 the above mitigation measures developed for the no-build alternative level of service analysis are sufficient to provide acceptable intersection operations in the future. 5.5.3 Operations Analysis of I-5 Interchange Alternatives · An additional analysis of year 2015 traffic conditions related to the various 1-5 access alternatives under consideration in the Woodburn Transportation System Plan was undertaken. Appendix D identifies the traffic volumes and lane configurations ass/amed in the analysis to improve the I-5/Woodburn interchange operation. Kittelson & AssoCiates, Inc. 3g December ~gg8 Year 2015 Transporlation System Analysis 10A Woodburn Factory Stores--Phases IIIIII Year 2015 TranspOrtation System Analysis An evaluation of the proposed site's impacts on the adopted city of Woodburn .transportation system plan (TSP) is a requirement of the development application. The Transportation Planning Rule (TPR) applies to amendments to comprehensive plans in the State of Oregon. The TPR re- quires that the adopted transpOrtation syst. em remain consistent in terms of identified function, capacity andlevel of service with a proposed land use as compared to the existing land use. The City of woodburn adoptedits TSP in June 1996 and the TSP was prepared with the subject property being expected to developed under its existing high density residential use. The TSP identified a number of improvements to be made over' the next twenty years in the study area being investigated for this development proposal. These improvements included: Within the next five years - 1. I-5 Interchange reconnaissance study 2. Realign Arney Road to intersect Woodland Avenue 3. Arney Road between Highway. 219 and UGB 4: Add signal at I-5 northbound ramp and HighWay 214 5. Add signal at Woodland ·AvenUe and Highway 219 6. Signal coordination on Highway 214/219 between Woodland Avenue and Cascade Drive 7. Intersection channelization at I-5 'interchange with Highway 214/219 Next six to ten years - 8. I-5 interchange design/environmental 'studies 9.. Widen Highway 214 Woodland Avenue to Cascade Drive Next 11-20 years 10. I-5 interchange · Of the ten projects identified in the TSP within the study area, six of them (Nos. 2, 3, 4, 5, 6,.and 7) are already completed or will be completed by the Summer of 1999 in conjunction with the construction of the Woodburn Factory Stores - Phase I and the Waremart Distribution Center. In addition, the planning, conceptual design and environmental studies required to determine the preferred alternative for the Highway 214 Widening project (No. 9) is currently being conducted and is scheduled for completion in the summer of 1999. The conceptual design and environmental studie~ associated with the reconfiguration of the I-5/Highway 214/219 interchange has not been started as of the writing of this report. However, for the purposes of analyzing the future operations in the interchange area, we utilized a concep- tuaI interchange improvement plans prepared by ODOT in February 1991. This ODOT concept consisted of modifying the existing diamond interchange to a partial clover leaf interchange, in- cluding loop ramps for the westbound to southbound and eastbound to northbound movements. Figure 15 illustrates the Year 2015 lane configurations and traffic controls that have been used in this analysis. Kittelson & Associates, Inc. 4o ~ MOI'~'M a~ 3991A31 lflB IOA o P December 1998 Woodburn Factory Stores---Phases #fill Year 2015 Transportation System Analysis 1 0 ~ I i i I I I I ! I I I I I ! It is recognized that the I-5 interchange solution that ultimately results from ODOT's detailed planning, des!gn and environmental study may be different from this previously developed con- cept. However, the ultimate geometric configuration will have to, at a minimum, meet the year 2015 travel demands in the Highway 214/219 corridor that were identified during the develop- ment of the TSP. Background Traffic Volumes and Levels of Service Year 2015 background traffic conditions were established from the daily traffic volume prOjec- tions identified in the' TSP for the roadways in the study area. The Year 2015 traffic volumes identified in the TSP were'developed with the assumption that the land now occupied: by the Woodburn Factory Stores - Phase I development would be predominantly residential. Therefore, the volumes in the area to the west of I-5 havebeen adjusted to reflect the traffic generated by the WoodbUrn Factory Stores - Phase I. The 2015 weekday p.m. peak hour background traffic vol- umes are shown in Figure 16. All volumes have been rounded to the nearest five vehicles per hour. The level of service for Year 2015 background conditions are listed in Table 8 for the weekday p.m. peak hour. FOr signalized intersections,'the delay, volume-to-capacity (v/c) ratio, and LOS are shown. For unsignalized intersections, the critical approach, volume-to-capacity rat. io of the. critical apProach, average delay of the critical approach, and corresponding LOS are shown. Table 8 Year 2015 'Background Lave!8 of Servioe Signalized Unsignalized Average Average Delay Critloal Detay Intersection V/C ($ec/veh) LOS Movement V/C (seo/veh) LOS Weekday P.M. Peak Hour Butteville Road/Highway 219 NB/LT 0.10 1.4 B Woodland'Ave./Highway 219 0.73 29.0 D Amey Road/Woodland Ave. WB 1.03 54.7 F Mitigated NB/SB 0.62 4.8 C Amey Road/Highway 219. SB 0.15 0.3 B I-5 SB Ramps/Highway 21'9 0.92 12.5 B I-5 NB Ramps/Highway 214 1.27 >60 F Mitigated 0.79 10.2 B Evergreen Road/Highway 214 0.99 39.2 D Mitigated 0.85 24.1 C Oregon Way/Highway 214 0.76 12.9 B Crosby Road/Arney Road NB 0.04 0.6 A Note: NB/LT = northbound left-turn; V/C = volume-to-capacity ratio As shown in Table 8, two of the intersections, I-5 northbound ramps at Highway 214 and Wood- land Avenue/Amey Road, do not meet level of service requirements. In addition, the I-5 south- bound ramps at Highway 219 and the Highway 214/Evergreen intersections do not meet the Kittelson & Associates, Inc. 42 AY MOTIIM 3991A311nB I December 1998 Woodburn Factory Stores---Phases II/111 Year 2015 Transportation System Analysis IOA ODOT V/C rati(~'requirement. The remainder of the intersections are expected to operate at ac- ceptable levels of service during the peak hours. Section H of the Technical Appendix contains the Year 2015 background conditions LOS worksheets. Recommended Mitigation The following measures are recommended to miti'gate the traffic impacts of the year 2015 back- ground conditions: · Arney'Road/Woodland Avenue.-This intersection should be modified by placing the stop sign. control on the northbound and southbound approaches. This modification will allow the predominant westbound to southbOund movement to flow through'the intersec- tion without stopping. Under this type of control the level-of-service'improves to C dur- ing both the Friday and Saturday conditions: · I-5 Northbound Ramps/Highway 214. To provide the required level of Service, a sec- ond right turn lane is required on the northbound apprOach and an exclusive westbound right turn larie is required. ' · I-5 Southbound Ramps/HighwaY 219. To' provide the required volume to capacity ra- tio, the eastbound to southbound exclusive lane needs at least 425 feet of clear storage plus a'taper. This would allow the right turning vehicles to flow directly onto the ramp and thus increase the capacity of the intersection. · Evergreen'Road/Highway 214. To provide the required volume to capacity ratio, the northbound approach needs to be widened to three lanes, including an exclusive left mm lane, a shared left/through lane,-and an exclusive right turn' lane. The signal phasing would need to be modified to allow split phasing on the northbound and southbound ap- proaches. These mitigaiion measures are typical intersection turn lane improvements that respond to heavy turn movements in fully developed urban areas. These improvements would likely be identified in the detailed 1-5 interchange and Highway 214 corridor studies. TRIP GENERATION Estimates of Friday p.m. and Saturday vehicle trip ends for thc Phase II and III factory outlet stores were compared against the trip generation characteristics of an apartment complex that could be typical built on the eight acre site under the existing zoning. Table 9 presents the trip generation comparison for the two land use scenarios. Ki~telson & Associates, Inc. 44 December 1998 Woodburn Factory Stores---Phases IIIIII Year 2015 Transportation System Analysis IOA Table 9 Trip Generation Comparison New Peak Hour Tripa I I Diverted Daily Outbound Total Trips Total Land Use Size Total Inbound P.M. Peak Hour P.M. Peak Hour APartments I 192d.a. I 3,735' [ 80 I 40 { 120 I I120' SITE TRIP DISTRIBUTION/ASSIGNMENT ANALYSIS Figure 17 shows the net change of p.m.'peak hour traffic volumes on the surrounding roadway system betweenthe proposed expansiOn 0fthe Wo0dbum Factory Stores and the existing high density residential Use. The retail use will generate highervolumes at the interchange and to the West. The residential use. would be expected to produce higher volumes to the east of the inter- change as those trips tend to be more local in nature - Work trips, shopping, school, etc. 201'5 TOTAL TRAFFIC VOLUMES AND OPERATIONAL ANALYSIS The net site-generated traffic volumes shown in FigUre 17 were added to the background traffic 'vol- umes shown in Figure 16 to develop the 2015 total traffic volumes for the weekday p.m. peak hour shown in Figure 18. Table 10 lists the interSection LOS following build-out of the Phases II'and III fac- tory stores. Section I of the Technical Appendix contains the 2015 total traffic LOS worksheets. Table 10 Year 201~ Total Levels of Servioe Signalized unsignalized Average Average Delay Critloal Delay Interseotion V/C (seoNeh) LOS Movement V/© (seoNeh) LOS Weekday P.M. Peek Hour :Butteville Road/Highway 219 NB/LT 0.28 1.4 B Woodland Ave./Highway 219 0.79 30.4 D Arney Road/Woodland Ave. WB 1.20 >60 F Mitigated NB/SB 0.74 6.0 C Arney Road/Highway 219. SB 0.18 0.3 B I-5 SB Ramps/Highway 219 0.93 13.4 B I-5 NB Ramps/Highway 214 1.26 >60 F Mitigated 0.83 11.2 B Evergreen Road/Highway 214 0.99 38.3 D Mitigated 0.85 24.0 C Oregon Way/Highway 214 0.75 12.9 B Crosby Road/Arney Road NB 0,04 0.8 A Note: NB/LT = northbound left-turn; V/C = volume-to-capacity ratio Kittelson & Associates, Inc. 45 t 1 AV MO991M aB 3991A311IgB ~ t IOA w < ~o .. 0 >- U..I 121 o AV OW N33B~W3^3 AY MO'lllM a~13991A311IgB December 1998 Woodburn Factory Stores--Phases Illlll Year 2015 Transportation System Analysis IOA As shown in Table 10; the same two intersections, 1-5 northbound ramps at Highway 214 and Woodland Av~nue/Arney Road, do not meet level of service requirements. In addition~ the I-5 southbound ramps at Highway 219 and the Highway 214/Evergreen intersections do not meet the ODOT V/C ratio requirement. The remainder of the intersections are expected to operate at acceptable levelS of service during the peak hours. Recommended Mitigation The same measures are recommended to mitigate the traffic impacts of the year 20.15 total condi- tions as were presented above for the year 2015 background conditions. Based upon the intersec- tion capacity analyses for the year 201 $ conditions, the proposed expansion of the Woodburn Factory Stores meets the requirements of the TPR since the same transportation system improve- ments would be required with either land use scenario. The proposed development does not alter the planned function, capacity and level of service of the transportation facilities in the study area. TRANSPORTATION pLANNING RULE COMPLIANCE Section 660-12-060 of the Transportation Planning Rule (TRP) sets forth the relative criteria for evaluating plan'and land use regulation amendments. Specifically, the section reads as follows ( the language of the TPR is highlighted in italics and .our responses are presented in standard type): (I) Amendment to functional plans, acknowledged comprehensive plans, and land use regula- tions which significantly affect a transportation facility shall assure that allowed land uses are consistent'with the identified function, .capacity, and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity, and level-of- service of the transportation facility; Response: The adopted City of W0odburn TSP identifies the need for capacity and Safety improvements in the Highway 219/214 corridor and at the 1-5 interchange to accommo- date the existing land uses in the City's comprehensive Plan. The analysis' indicates that some additional intersection widenings will be necessary to accommodate either the ex- isting land use designation (high density residential) or the proposed land use designation (commercial). The identified intersection improvements are consistent the planned func- tion, capacity and level of service for the transportation facilities in the study area. b) Amending the TSP to provide transportation facilities adequate support the proposed land uses consistent with the requirements of Ihis division; or Response: The adopted TSP does not need to be amended to accommodate these minor intersection widening improvements that are required under either land use scenario. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing of planned transportation facility; Kittelson & Associates, Ino 48 December 1998 Woodburn Facton/ Stores.--Phases II/111 Year 2015 Transportation System Analysis IOA. Response: The proposed rezone/development will not require or result i'n any changes to the functional classification of any transportation facility in the vicinity of the site. Crite- ria (a) is not met. (b) Changes standards implementing a functional classi~cation system; Response: The proposed rezone/development will not require or result in any changes to the standards that implement the functional classification system. Criteria (b) is not met. ©,/Illows types of land uses which would result in level of travel or access which are inconsistent with the transportation facility; Response: The level of travel under the existing and proposed zoning designations are consistent with the functional classification of the facilities in the study area. Criteria © not met.. (d) YFould reduce the level of service of the facility below the minimum acceptable leVel.of service identi, lffed in th'e TSP. Response:. As indicated in previous responses, the proposed re-zone/development will not result in'a degradation'in level of service in the Highway 219/214 corridor and at the I-5 int. erchange ramps with development under the current or proposed zoning scenarios. Criteria (d) is not met. (3) Determinations under subsections (I) and (2) of this section shall be coordinated with af- fected transportation facilitiesand service providers and other affected local governments. Response: ODOT, Marion County and the City of Woodburn have been working together through the development and implementation of transportation system improvements identified in the TSP. The three jurisdictions are coordinating efforts on the Highway 214 Corridor study that is currently being conducted to identify future improvements-in the study area. (4) The presence of a transportation facility of improvement shall not be a basis for an excep- tion to allow residential, commerciaI, institutional, or industrial deve!opment on rural lands under this division of O/IE 660-04-022 and 028. Response: Not applicable to this rezone/development application. Klttelson & Associates, Inc. 49 10A Appendix C July 2000 Woodburn Factory Stores Trip Generation Report KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 SWALDER, SUITE 700 · PORTLAND, OR 97205 · (503) 228-5230 · FAX (503) 273-8169 IOA July 17, 2000 Project #: 3383.2 Steven L. Craig Craig Realty Group 1500 Quail Street, Suite 100 Newport Beach, CA 92660 RE: Woodburn Company Stores - Existing Trip Generation Analysis Dear Steve: Kittelson & Associates, Inc. has completed a study to determine the existing trip generation rates (Weekday p.m. and Saturday mid-day peak hours) at the Woodbum Company Stores in Woodburn, Oregon. The actual trip generation rates were then compared with the estimated trip generation rates used in the Transportation Impact Analysis (TI.A) for the proposed expansion of the retail center (Phases II and liD. This comparison of trip generation rates would then help determine whether the transportation system impacts described in the TIA for Phases 11 and 1II are still valid. Phase I construction of The Woodburn Company Stores was completed in August 1999 and since then the retail center has been open for business. During December 1998 while Phase I of the Woodburn Company Stores was under construction, Kittelson and Associates, Inc. completed a traffic impact study for Phases II and III. The trip generation estimates used in the traffic impaCt analysis for Phases 11 and 1]I were based on the standard reference manual, "Trip Generation", 6th Edition as published by the Institute of Traffic Engineers (ITE), and a study of two Oregon factory outlet malls conducted for ODOT by JRH transportation Engineering. This study was conducted to compare the trip generation rates as used in the traffic impact study for Phase 11 and m with actual rates experienced during the first year of operations at the Woodburn Company Store. Summary of Previous Work The floor areas and trip generation rates that were assumed in the two previous impacts studies are summarized in Table 1. The same peak hour trip generation rate was used for all three construction phases for the center and was based on the average observed rate at other similar developments as described in the ITE "Trip Generation" Report. The relevant pages from the previous studies are attached in Attachment A. WooolDurm C. ormpany Stores - Trip Generation Survey Project: #$$8~_2 July' 17, 2000 Parle: 2 Table 1: Summary of Floor Areas and Trip (~eneration Rates used in Impact Studies Gross Floor Area Trip Generation in Peak Hour Phase (TIA Date) (square feet) Weekda p.m. hour Saturday peak hour Trip Rate Total Trips Trip Rate Total Trips I (March 1998) 252,000 2.30 575 3.78 955 II (December 1998) 62,395 2.30 145 3.78 235 III (December 1998) 91,190 2.30 210 3.78 345 i0A It should be noted that using the same trip generation rate for the entire center resulted in a conservative estimate. Examination of the ITE data for factory outlet stores (Code No. 823), as well as retail shopping centers (Code No. 820), shows that as the size of the retail centers increase the trip generation rates decrease. An adjustment to the trip generation rate based upon the increasing size of the Woodburn Company Stores for Phases II and II will be discussed later in this report. Actual Trip Generation Rates for Phase I Development The actual trip generation rates for the Woodburn Company Stores were calculated using the weekday and Saturday midday peak hour traffic counts taken at the center and the actual square footage of the center constructed in Phase I. Since the traffic counts were taken in May 2000, the traffic volumes experienced at the center since opening in August 1999 were reviewed to determine whether a seasonal adjustment was appropriate. The details of the traffic counts and the seasonal adjustment analysis are discussed in the following sections. Traffic Data Collection Manual traffic counts were taken during the weekday p.m. and Saturday mid-day periods. It was determined through discussions with the management staff at the center that the Saturday mid-day peak period typically occurs between 1:30 and 3:30 pm. Traffic counts were taken at the existing access driveways for the parking areas of the Woodburn Company Stores on Saturday, May 13th from 1:30 to 3:30pm and on Wednesday, May 17th from 4:00 to 6:00 p.m. There are a total of seven access driveways serving the parking areas around the Woodbum Company Stores. Three of these driveways are off the southern access road, which also provides access to the neighboring Hersburger Car Dealership and a single residential unit. Based on the traffic survey conducted, the following can be reported (The detailed survey results are included in Attachment B): The Saturday peak hour (2:15-3:15 p.m.) trip generation at the Woodburn Company Stores was 1,051 vehicles; almost double the 533 peak hour (4:15-5:15 p.m.) volume recorded for Wednesday. Klttelson & Associates, Inc. Portland, Orogon Woodburn Company Stores- Trip Generation Survey Project: #$$85 2 JulJ/17', 2000 Pa~Te~' IOA On Saturday, 57 percent of the generated traffic entered or exited at the driveways along the South Access Road, another 37 percent used the central driveway on Amey Road, while only six percent used the northern access on Arney Road. During the Wednesday peak hour (4:15-5:15 PM), 68 percent entered or exited via the South Access Road, 30 percent at the central access intersection on Arney Road, while only two percent used the northern access on Arney Road. · On Saturday, 97 percent of the site traffic entered/exited from/to the south (the direction of Route 214 and 1-5) while only 3 percent (34 vehicles) did so from the north. · On Wednesday, 93 percent of the site traffic entered/exited from/to the south while seven percent (35 vehicles) did so from the north. · During the Saturday peak hour it was estimated that the Hersburger Car Dealership contributed 33 vehicles to the traffic on the southern access road. · During the Wednesday p.m. peak hour, the Hersburger Car Dealership contributed 35 vehicles to the traffic on the southern access road. · The "background" through trips on Amey Road during the Saturday peak hour is estimated at 15 southbound and 20 northbound vehicles. Deducting the current tracking activity to the nearby construction site it was estimated that during the Wednesday peak hour there were 25 southbound and 25 northbound "background" through trips on Arney Road, unrelated to the Woodburn Company Stores. Seasonal Adjustment Analysis Based upon our experiences at other large retail centers, the actual trip generation rates during the first four to six months following the grand opening are generally inflated by as much as twenty-five percent as shoppers want to experience the new stores. After the initial surge of curiosity shoppers, the normal level of shoppers generated by the retail center stabilizes. The first year's experience at the Woodburn Company Stores follows this pattern as evidenced by the monthly traffic counts taken at the center (see Table 2). In addition, to the customer surge experienced during the grand opening of the store, another surge was experienced with the opening of the Banana Republic and Gap stores during February and March 2000. This is also evident from the traffic volumes as counted during February and March 2000 as summarized in Table 2. Klttelson & Associates, Inc. Portland, Oregon Woodburn Company Stores = Trip Generation Survey July 17, 2000 Project: #3383_2 PatiO:4 10A Table 2: Average Weekly Traffic Volumes by Month Month Average/Week September '99 25,505 October '99 24,167 November '99 29,275 December '99 27,547 January '00 18,000 February '00 (Adjusted) 22,414 (18,414) March '00 (Adjusted) 22,970 (20,970) April '00 20,660 May '00 20,210 June '00 21,550 Average per week (inflated by events) 23,500 Estimated average after adjusting for opening of stores (January to June) 20,000 From the average weekly volumes as summarized in Table 2, the effects of the initial store opening (September - October 1999), the effects of the opening of Gap and Banana Republic Stores (February 2000) and Christmas Holiday Season are evident (November - December 1999). These events go along with considerable marketing efforts and attract significantly more customers than during the rest of the year. In Table 2, two averages are shown. The fkst average (23,500 vehicles per week) is a simple average of all the weeks and is inflated by the grand opening, the holiday season as well as the opening of Gap and the Banana Republic stores in February and March. To estimate a representative average weekly traffic volume (20,000), the effects of these events have been excluded. This was done by computing the average traffic based on only the first six months of the year 2000 and adjusting the volumes for the months of February and March as shown in Table 2. These adjustments were based on estimates provided by the Woodburn Company Stores. Based on the adjusted average weekly traffic, it is clear that the trip generation count survey was conducted during an average month and that the results of the survey should reflect conditions during an average week. Therefore, no seasonal adjustments to the observed data were deemed necessary. Trip Generation Rates The total number of trips that were observed during the peak hours on Saturday and Wednesday together with the data on occupancy were then used to determine the existing trip generation rate of the Woodburn Company Stores. The trip generation rates as summarized in Table 3 were based on the number of trips per 1,000 square feet of Gross Floor Area (GFA). Table 3 also includes a comparison with the rates as used in the standard reference manual, "Trip Generation", 6th Edition as published by 1TE, combined with other studies conducted for the Oregon Department of Transportation by JRH Transportation Engineering. Klttelson & Associates, Inc. Portland, Oregon Woodburn Company Stores- Tdp Generation Survey Project: #$$85 £ JuO/17, 2000 Pa~Te~ 5 10A Table 3: Com ~arison of Trip Generation Rates (Actual vs. Phase I TIA) Observed - Phase I Estimated - Phase I TIA Peak (May 2000) (March 1998) Hour Area Trips Trip Trip Area Trips (square ft) (veh/hr) Rate°) RatetI) (square ft) (veh/hr) Saturday 1051 4.29 3.79 955 245,060 252,000 Weekday 533 2.17 2.28 575 (1) Trips per 1,000 square feet From Table 3 it can be concluded that the observed trip generates rates are very comparable to what was used in the Phase I TIA. The observed average weekday p.m. peak hour rate is about five percent lower than the rate used in the original TIA, while the Saturday mid-day peak hour rate of 4.29 trips per 1,000 square feet is approximately 13 percent higher than what was previously used. Adjustments for Phase II and III Trip Generation Rates As previously described, the trip generation rates for factory outlet centers and general shopping centers found in the ITE Trip Generation Manual exhibit a reduction in the rate as the size of the centers increase. With the proposed Phase II and llI expansion of the Woodbum Company Stores (as described in detail in the TIA- December 1998), it is reasonable to assume that the trip generation rates for both the weekday p.m. and Saturday mid-day periods would decrease from the rate experienced under the Phase I development conditions. Therefore, we have calculated an adjusted trip generation rate for the Phase 1I and Iii development scenarios. Table 4 illustrates the results of the trip generation adjustments for both time periods. Table 4: Com ~arison of Trip Generation Rates for Phases II and III Observed/Adjusted Estimated - TIA Peak (May 2000) (December 1998) Hour Area Trip Trips Trips Area Trips (square ft) Rate(~) (veh/hr) (veh/hr) (square ft) RatetI) ~.,~1 Saturday 2.9-1(3) .44.6'- 580 3.78 151,640 (2) 153,585 Weekday h4&{3) 225 355 2.31 (1) Trips per 1,000 square feet (2) Total for Phases II and III (3) Trip rates reduce with an increase in size and the Woodbum Company Stores is proposed to increase in size from 245,060 to 399,700 square feet. According to the data contained in the ITE Trip Generation Manual - 6"' Edition, this size increase is expected to result in a 32 percent reduction in the trip rates. As the results in Table 4 indicate, the trip generation rates used in the Phases II and llI TIA for both the weekday p.m. and Saturday mid-day peak periods were very conservative. The use of trip rates based upon the actual trip generation rates (measured at the Woodbum Company Stores) and the retail center size adjustment would result in a reduction of the peak hour trip estimates expected to be generated with the Phases Il and Ill expansion. Klttelson & Associates, Inc. Portland, Oregon Woodburn Company Stores - Trlp Generation Survey Project: #$$8~_2 ] O A Jul)~ 1z, 2000 Pa~e: 6 It should also be noted that the current comprehensive plan map designation and zoning for the land that is being proposed for the Phases II and III of the Woodburn Company Stores would allow the construction of 192 apartment units. As described in the December 1998 TIA report, the 192 apartment units would be expected to generate about 120 p.m. peak hour trips on the surrounding street network. Findings and Conclusions This trip generation study conducted for Phase I of the Woodburn Company Stores development found that the trip generation rates measured at the site in May 2000 were comparable to those used in the original TIA (March 1998). We also found that by comparing data in the 1TE Trip Generation Report- 6th Edition, the trip generation estimates used in the December 1998 TIA study for Phases II and m expansion of the Woodburn Company Stores are very conservative. The trip generation rates for factory outlet centers, as well as general shopping centers, reduce as the size of the centers increase. Since the trip generation rates that served as the basis of the December 1998 TIA report for the Phases 11 and I1/expansion of the Woodburn Company Stores are very conservative, the conclusions and recommendations reported in the report would represent worst-case conditions. Based upon this trip generation analysis, it could be reasonably concluded that the transportation impacts on the surrounding area would be less than des. cribed in the December 1998 report. The TIA for the Phases II and llI expansion of the Woodbum Company Stores described the minor street improvements that would be required to meet the City of Woodbum and ODOT intersection level of service standards in the year 2001 (expected completion of Phase 1I) and year 2003 (Completion of Phase liD. The TIA also described how the Oregon Transportation Planning Rule requirements were met by the proposed comprehensive plan amendment and zone change needed to allow construction of the proposed Phases II and 1II expansion. Based upon this trip generation analysis, the findings and recommendations described in the TIA are still valid. We trust the methodology and results of the survey documented in this letter adequately address the concerns raised by the Oregon Department of Transportation regarding the trip generation characteristics of the Woodburn Company Stores. Please call us at (503) 228-5230 if you have any questions. Sincerely, KITTELSON AND ASSOCIATES, INC. ~ers, Ph.D., Pr. Eng. //Senior Engineer Attachment A: Copies of trip generation pages from previous TIA's. Attachment B: Traffic Counts Kitto/son & Associates, Inc. Portland, Oregon IOA Attachment "A " Data from Previous TIA's March 1998 Woodbum Factory Stores Traffic Impact Analys IOA analysis assumed that 90% of the site's diverted trips would come from 1-5 and 10% from Highway 214/219, based on a comparison of the number of diverted trips to existing traffic volumes on Highway 214/219. Table 4 presents the trip generation assumptions used in this analysis for a 252,000-square-foot factory outlet mall. The site will generate approximately 6,700 trips on Fridays, 575 of which will occur during the p.m. peak hour. The site will generate approximately 8,705 trips on Saturdays, 745 o'f which will occur during the afternoon peak hour. SITE TRIP DISTRIBUTION/ASSIGNMENT ANALYSIS Tabla 4 Estimated Site Trip Generation New Peak Hour Trips Outbound I Diverted Land Use Size liE Code Dally Total Inbound Total Trips Total Friday P.M. Peak Hour Factory Outlet Mall 252,000 823' 6,700 160 185 345 230 575 sq. ft Saturday Peak Hour Factory Outlet Mall 252,000 823* 10,325 290 285 575 380 955 sq. ft * See Appendix B for trip generation calculation methodology The distribution of site-generated trips onto the study area's roadway system was estimated by evaluating the relative populations of the areas served by Highways 214 and 219 with the areas served by I-5, taking into account the relative distances to population centers. Figure 8 depicts the distribution pattern of new trips assumed for this analysis (representing 60% of the site's total trips). Assignments of site-generated traffic to the study area roadways were prepared using this trip distribution pattern and the diverted trip pattern described previously. Based on the conditions of approval for the previous factory store application, it was assumed that the Arney Road/High- way 219 intersection will be limited to right-in and right-out movements for southbound traffic and that Arney Road will be extended to Woodland Avenue. Figures 9 and 10 show the assignments of site-generated traffic during the summer Friday p.m. and Saturday peak hours, respectively. 2003 TOTAL TRAFFIC VOLUMES AND OPERATIONAL ANALYSIS The site-generated traffic volumes shown in Figures 9 and 10 were added to the background traffic volumes shown in Figures 6 and 7 to develop the 2003 total traffic volumes for the summer Friday p.m. and Saturday peak hours shown in Figures 11 and 12, respectively. Table 5 lists the intersection LOS following build-out of the factory stores. Section E of the Technical Appendix contains the 2003 total traffic LOS worksheets. Klttelson & Associates, Inc. 24 Oecember ~998 Woodburn Factory Stores-Phases II/111 IOA Phase II Traffic Impact Analy about 243,000 square feet, the trip generation calculations for the proposed Phase 1I building size has been adjusted from about 71,000 square feet to 62,000 square feet. The Phase II site will generate approximately 1,660 trips on Fridays, 145 of which will occur during the p.m. peak hour. The site will generate approximately 2,555 trips on Saturdays, 235 of which will occur during the afternoon peak hour. Table 3 Estimated Site Trip Generation - Phase II New peak Hour trips Daily I I Diverted Land Use Size Total Inbound Outbound Total Tripe Total Friday P.M. Peak Hour 140 I I I Saturday Midday Peak Hour Factory OutletMall 162,395s.f. 12555 170 I 70 1140 I 95 1235 SITE TRIP DISTRIBUTION/ASSIGNMENT ANALYSIS The distribution of Site~generated trips onto the study area's roadway system was estimated by evaluating the relative populations of the areas served by Highways 214 and 219 with the areas served by 1-5, taking into account the relative distances to population centers. The same distribu- tion percentages used in the Phase I a.nalysis were utilized in this analysis. Assignments of site-generated traffic to the study area roadways were prepared using this trip distribution pattern and the diverted trip pattern described previously. Based on the roadway im- provements that will occur with the opening of the Woodburn Factory Stores - Phase I and the Waremart Distribution Center, the Arney Road/Highway 219 intersection will be limited to right-in and right-out movements for southbound traffic and the Arney Road extension to Wood- land Avenue is completed. Figures 5 and 6 show the assignments of site-generated traffic during the summer Friday p.m. and Saturday peak hours, respectively. 2001 TOTAL TRAFFIC VOLUMES AND OPERATIONAL ANALYSIS The site-generated traffic volumes shown in Figures 5 and 6 were added to the background traffic volumes shown in Figures 3 -and 4 to develop the 2001 total traffic volumes for the summer Friday p.m. and Saturday peak hours shown in Figures 7 and 8, respectively. Table 4 lists the in- tersection LOS following build-out of the Phase II factory stores. Section E of the Technical Ap- pendix contains the 2001 total traffic LOS worksheets. Kittelson & Associates, Inc. 19 December 1998 Woodburn Factory Stores--Phases IIIIII Phase III Traffic Impact IOA Phase III Traffic Impact Analysis The traffic impact analysis evaluated traffic conditions in the study area in the year 2003 follow- ing build-out of the proposed Phase III development and accounting for the background traffic growth described in Section 5. The traffic impacts generated.by the proposed factory outlet stores during the summer Friday p.m. and Saturday peak hours were analyzed as follows: · The total number of future Friday p.m. and Saturday peak hour trips were estimated for build-out of the proposed Phase III development. This site-generated traffic was added to the background traffic developed in Section 5 to determine future traffic operations at the study area intersections. · A queuing analysis was conducted at key study area intersections. · Deficiencies and potential mitigation measures were identified. The methodology summarized above and the results of the analysis are presented in detail in the remainder of this section. SITE TRIP GENERATION Estimates of Friday p.m. and Saturday vehicle trip ends for the Phase III factory outlet stores were developed using the same methodology described in Section 4. Table 6 presents the trip generation assumptions used in this analysis for the proposed Phase III expansion'of the factory outlet mall. The proposed Phase III building size has been estimated at about 91,000 square feet. The Phase III site will generate approximately 2,445 trips on Fridays, 210 of which will occur during the p.m. peak hour. The site will generate approximately 3,735 trips on Saturdays, 345 of which will occur during the afternoon peak hour. Table 6 Estimated Site Trip Generation - Phase III Land Use Size Dally New Peak Hour Trips Diverted Total Tota, ' Inbound I OutbOundI Total Trips Friday P.M. Peak Hour Saturday Midday Peak Hour SITE TRIP DISTRIBUTION/ASSIGNMENT ANALYSIS The same trip distribution percentages used in the Phase II analysis were utilized in this analysis. Assignments of site-generated traffic to the study area roadways were prepared using this trip distribution pattern and the diverted trip pattern described previously in Section 4. Figures 11 and 12 show the assignments of site-generated traffic during the summer Friday p.m. and Satur- day peak hours, respectively. ~O'tfelson & Associates, Inc. 32 IOA Attachment "B " Traffic Counts INTERSECTION COUNT DEDUCTING CONSTRUCTION TRAFFIC KA # 3383 ARNEY RD & W'BURN STORES tEN DRWY WOODBURN, OR 5/17/2000 (WED) I PM PEAK HOUR I 43 SB PHF* 0.733 8 37 0 WB PHF* 0.500 SB I-IV 2.3% . WB HV 0.0% SB BIKES 0 I I I ' WB BIKES 0 SB PEDS · 0 <- v -> WB PEDS 0 5 --I PHF 0.718 * I O' TEV 18~ · 51 0 > HV 2.7% < ' 0 2 · Weighted Average 46 --I I 2 I I I · EB PHF* 0.6~9 · - NB PHF* 0.733. EB HV 2.0% 50 35 3 NB HV 3.4% EB BIKES 0 NB BIKi=S ' 0 ' EB PEDS 2 · 88 '" NB pEDS 0 15-MIN EASTBOUND WESTI~UND · NORTHBOUND · 80UTHBOUND PEP~OD LFT . :/H RGT LFT '11-1 . RGT LFT 'tH RGT LFT ~'l RQT TOT 4.'00 CAR I 0 10 0 1 ' 0 14 - 4 HV ' O. o 0 0 0 .0 0 ~ .0 0 ' 1 0 1 TOT I · I 0 10 O' · I 0 t4 4 2 0 6 ' 0 '$7 4:16 ~ 0 0 15 I 0 0 1 TOT 0 O' 'lB, I · 0 0 13 ~. 0 0 12 3 62 4:30 C,,N:I _. 1 · 0 0 0 O . 0 17 0 I 0 6 I 40 HV 0 , 0 '0 0 0 ' 0 0 I 0 0 0 0 1 TOT I 0 6. 0 0 0 17. 7 - t 0 8 -t * 4'1 4:4~ C~R I 0 8 · 0 0 0 12 11 I 0 HV 0 O~ 1 0 ..0' TOT I 0 9 0 .0. 0 t2 t2 ' ' t 0 9 . 0 44 6:00 CA~ 3 0 1~ I 0 0 8 8, 1. 0 ' a 2 47 HV 0- O 0 O O O' ~' O 0 O O 0 O; O TOT .3 ' · 0 18 1 0 .-. 0 8 8 "1 .. 0 8 2 47 G:t$ CAR . 1 0 -' 11 0 0 0 7 ? 1 0 6 3, , .36 HV 0 0 0 O' 0 0 0 ..0 0 0 0 0 . 0 TOT I .o 'tl ~) o 0 ' 7 7 I 0 " 6 '' 3 36 6:30 CN:I I 0 10 0 0 0 12 . 6 -' 0 0 3 1 . 32 HV o 0 o o -o o o 0 'o o 0 o . o TOT t 0 ' 10 0 0 0 t2 6 · 0 0 3 t' 6~46 ~ ' I 0 13 0 0 0 . 10 7 0 0 7 2 40 HV 0 O' 0 0 0 0 0 0 0 0 O' O. 0 TOT t 0 13 0 0 0 10 7 O. . 0 .7 2 46' · AREA PEAK HOUR '. (4:15-5:15) ~H '- I s' o 461 " o .ol : so 35 31 0" 37. 6I 184 AREA' PHF 0,42 NA . 0.72 0.50 NA ' NA 0.74 · 0~73. .0.76 NA 0.77 . 0,.so 0.88 AREA PEAK HOUR HEAVY VEHICLF-.8 - TFIUCI~, BUSF..8, & REO VEHICLE8 TRUCI~ 0 0 O' 0 O. 0 0 2 0 0 I 0 BUSES 0 0 0 0 · 0 · 0 0 0 0 0 0. 0 0 ;:lEO VEHS 0 0 t 0 0 0 t 0 0 · 0 0 - 0 2 TOT HV 0 . 0 I 0 0 0 I 2 0 0 I 0 HV % 0.0 NA 2.2, 0.0 NA NA . 2.0 6.7' ' 0.0 NA. 2.7 0.0 2.7 Bi' BUS o o o o: o o o o o o o o o BI~YC~..E9 , o 'o. o o o o: o o o o o o o PED$ 2 o o o HOURLY TOTAL8 4:00 .6:00 3 0 40 I I ' 0 so 31 4 0 ~4 4 .1~4 4:16 -5:16 6 . · ~) 48 2 0 0 · 60 35 3 0 37 8 184 4.30 -5:30 6 0 42 I 0 0 44 34 4 0 31 4:45 -5:46 6 0 46 I 0 0 39 32 3 0 26 6 t69 6.'00. -6:00 6 0 BO 1 0 0 43 27 2, 0 24 8 161 IOA IOA INTERSE~'[ION TRAFFIC COUNT CLEAR KA # 3383 ARNEY RD CONSTRUCTION TRUCK TRAFFIC WOODBUR., OR 5/17/2000 (WED) i PM PEAK HOUR I . '1 ". I SB PHF* ERR 0 1,-5 0 WB PHF* NA SB HV 100,0% WB HV NA SB BIKES 0 I I I WB. BIKES NA SB PEDS 'O <- v -:> WB PEDS NA O --I PHF ERR * I o TEV 30 0 0 -J .> HV 100,0% < 0 0 · Weighted Average 0 --I I 0 , I I I EB PHF*, ERR NB PHF* ERR EB I-IV .... 0.0% 0 '1,5 -0 NBHV 100.0% . EB BIKES 0 .. NB BIKES 0 EB PE.DS 0 " 15 NB PEDS 0 I6-MIN EASTBOUND · IMT WE,RTBOUND NORTHBOUND ..~ SOUTHBOUND. ~ LFT TH LF'r TH ' - POT LFT' 31-1 FIGT LFT . TH - ROT TOT. 0 0 0 .0 0 ~3 O. 0 0 O 4:00 · CAR O .. 0 . 0 HV 0 0 .'0 0 . 0 0 , 0 3, 0 0 3 . 0 TOT 0 0 ' 0 0 0 " ' 0 ., 0 3, 0 0 3. 0 6 4fl6 ~ 0 0 0 0 *0 0 0 o .0 o 0 o " 0 'iN O 0 O. 0 0 0 '0 4 ..0 0 4 0 8 TOT O, '0 0 0 0 " ' 0 0 4 0 0 4 0 8 4:30 GAR O. ' 0 .- 0 0 0 · 0 0 0 0 0 . , 0 0 0 ~.~ 0 0 0 0 *, 0 00 .4 0 0 4 0 8 "TOT .. 0 0 ' 0 . 0 ' 0 0 0 4 0 0 4 -0 8 '4:46 CAR 0 0 0 0 0 00 . 0 · 0 , 0 0 ' 0 . O' 'IN 0 . 0..- 0 0 0 o: 0 4 0 0 4 O, '8 · . TOT ~ 0 0 0 0 0 O, '0 ':.4 . 0 0 4 O! 8 6:00 OAR! o ' O. o o o * o o o o o · o o o .HV 0 0 0 0 0 0 , 0 3' 0 · 0 3 0 TOT 0 0 0 ~ 0 0 0 0 3 0 0 3 0 e 6:16 ~ ' 0 0 0 0 0 0 O. 0 ,* OI . 0 0 . 0 0 Hi/ 0 0 0 0 0 0 0 3 0 0" 2 .' 0 6 TOT 0 0 · 0 . 0 0 0 - 0 3 : 0 0 '2 0 6 6:30 ~ : . 0 0 0 0 0 0 ' 0 O 0 0 ' 0 0 0 HV 0 O , 0 0 0 .0 : 0 . 4 O 0 3 0 TOT 0 O' O' 0 0 0 0 4 0 '0 :~ 0 7 6:46, OAR 0 '0 0 0 ' 0 0 0 . 0 0 .O .0 0 0 ' I'f¥' 0 0 0 0 0 0 0 4' 0 0 2 0 ' 6 'TOT O 0 0 0 0 0 0 4 ' 0 · 0 2 · O. AREA PEAK HOUR .(4:t6-6:1b") I o o ol o .o' ol o ol o ol AREA PHF ERR NA .; ERR . NA NA NA ERR. 0.94 · NA' ' ' NA. · 0.94 tilt1 0,94 ~ ~ I"KXJR (4:15..5:11~ eH .I o o oI o o 'ol o . ~s oI o ~a ol . EA PEAK HOUR HEAVY VEHICLE8 - TRUOK~; BUSES, & REC VEHICI.E8 TRUOKO ' 0 0 0 0 0 . 0 O. 15 0 0 :. 15 0 :80 BUgE9 ' 0 0 0 0 0 ' 0 O' O. 0 0 0 0 0 REO VEH9 o o' o o o 0 o o o o o 0 0 TOT HV 0 0 0 0 0 0 " 0 15 '0 o 16 0 30, · IV % ' 'ERR NA ERR NA NA NA ERR 1o0 NA NA to0.0 ERR 100.0 ST BUS' o o o : o o o o o o o o o o BIOYOLE8 o o o o o o o o o o o o o PEO9 0 0 · o ."o 0 HOURLY 4:00 .6:00 0 0 0 ' 0 0 0 .0 16 0 0 16 0 4:16 .6:16 0 0 0 0 0 ' 0 t 0 15 0 0 15 O. 30 4.'30 .6.80 0 0 .0 0 0 0 0 14 0 0 13 0 ' 27 4:46 -~:4& . 0 0 0 0 0 0 0 t4 0 0 12 0 6:iX) .6:00 0 0 0 0 0 0 0 14 0 0 10 0 24 IOA INII=~SEt;HON TRAFFIC COUNT CLEAR KA # 3383 ARNEY RD & W'BURN STORES SOUTH RD WOOOBURN. OR '' 5/17/2000 (WED) [ PM PEAK HOUR I 100 I M.'CU""E~ I SB PHF* 0.790' 9 91 . 0 WB PHF* NA SB HV 11.0% ' WB HV NA. SB RIKES 0 I I I WB BIKEs NA SB PEDS 0 < v -> WB PEDS NA 10 --I PHF 0.872 * I 0 241 0 ' > t HV 6.2% <-- 0 0 , · Weighted Average EB PHF* 0.964 NB PHF* 0.815' . ,. EB HV 1.2% 168 93 ' 0 NB HV 6,8% EB BIKES 0 NB BIKES 0 EB PEDS I 251 NB PEELS · 0 .15-MIN EAS'1'~OUND WESTBOUND NORTHBOUND SOUTHBOUND PERK)O LFT '11..I RGT LFT TH RGT LFT ' 'g"l ROT LFT 1H FIGT TOT 4:00 C,N=I 3 .. 0 El 0 0 · 0 47 '17 0 0 13 I 132 'HV 0 0 0 13 0 I 3 ,' .O 0 3 I 8 TOT 3 0 '51 0 0 " 0 48 ' 20 ' 0 0 18, 2 140 4:15 C,,N=I 4 - 0 · ~ 0 ' '.0 037 10 0 0 a3 '4 ' 140 HV 0 0 .0 O' ' 0 0 0 6 0 0 5 010 TOT, 4 0 r:~ 0 '0 0.' 37'. : 21 · 0 0 28 4 TOT -., 2 0 58 0 0 . 0 36 27 0 0 15 3 141 4:45' CAR 0 0 .' .67 0 0 .0 48 ~4 . - 0 0 ' 16 2 HV .0 ' o . 1' .o 'o. o 0 6 0 o 6 o 11. · TOT 0 0 58 '0 0 0 48. ~ 0 0 20 2 157 ~00 c,~ 4 0 se .. 0 0 0 ~ 13 0 0 ~s .0 HV o o 0 0 o 0 o 3 0 0 3 O TOT 4 '0 59 0 0 0 37- 18 O: 0 -28 0 '144 6:'~s CAR 2 o . ,,m .o o o 44 . ~13 0 o. 'to o .12s HV O. 0 0 0 ' 0 0 0 3 0 0 0 0 3 TOT 2 O' '48 0 0 .'0 ;44.' 18 ' 0 0 19 0 12~ 5:30 ~ 0 0 64 0 O. 029 17 0 0 11 ~' ' 113 I'IV 0 O. 0 .0 0 - 0 .1 4 0 0 '3 0 8 · TOT 0 0 54 0 0 0 30 21 0 0 14 2 121 6:46 CAR 0 0 38 0 El 0 ' 2g 23 0 0 18 . 9: 110 HV O' 0 I .0 0 . 0 0 4 .0, 0'.. · 2 0 7 TOT 0 0 ~i9 0 0 0 ~ ' 27' 0 0 20 2 117 APH I lO o .o o ol. 158 93 o[.' o el AREA.PHF 0,63 NA 0.98 NA NA ' NA '0.82 0.80 · NA NA 0.81 0.58 0.84. AREA PEAK HOUR .HEAVY VEHICLES - TRUCKS* BUSF__.Sj & REC VEHIC[~n TRUCKS I 0 2 0 ' 0 O- · 0 16 0 0 10 0 29 BUSES .0 O. 0 .0 0 0 0 0 0 0 0 0 0 REC VEHS 0 0 0 O- 0 - 0 0 I 0 0 ' 1. 0 2 TOT HV I 0 2 0 0 0 0 :!7 0 0 11 0 31 HV% 10.0 NA ' 0.9 NA NA NA 0.0 18.8 NA ~ 12.1 '0,0 15.2 ST BLJ8 o o o o o o: o o o= o o o 'o BICYCLES o o o o o o o o o o - o o o PEDS ~ o o o · HOURLY TOTAL~ 4:00 -5:00 9 0 223 0 0 0 '169 97 0 '0 79 11 588 4:15 -5:15 10 0 231- 0 0 0 158 93 0 0 01 8 592 4:30 -5:80 8 0 223 0 0 0 165 88 0 ' 0 82 § 571 4:45 -5:45 8 O. 218 0 O' 0 159 62 0 0 '81 '4 551 5:00 .e:O0 6 0 200 0 0 0 140 80 '0 0 81 4 811 IOA INTERSECTION TRAFFIC COUNT CLEAR KA # 3383 ARNEY RD & W'BURN STORES CEN DRWY WOODBURN, OR 5/17/2000 (WED) I PM PEAK' HOUF! I 58 I M. CUNNEEN SB PHF* 0.780 6 52 0 WB PHF* 0.500 SB HV 27.6% WB HV 0.0% SB BIKES 0 I I I WB BIKES 0 SB PEDS .0 <- v -> WB PEDS 0 5 mi PHF 0.745 * · I-- 0 TEV 214 51 0 · ,,,>' 'Hr 16.4%~ <-- 0 2 .* Weighted Average EB PHF* ' 0.689 ' 'NB PEP 0.758 ' -EB HV . · 2.0% $0 50 3 NBHV 17.5% EB BIKES O. ' NB BIKES 0 "EB PEDS 2 103 NB PEDS ... 0 15-MIN EAS:TI~:)UND . WESTBOUND NORTHI90UND SOUTHBOUND ~EF~O0 LFT 11t RGT, LET '!1'1 ',RGT LFT *IH FI~T .. LFT' *TH RGT TOT. 4:00 C,N:I I 0 10 0 I 0 .~!4 4 2 O' i'4' 0 361 .HV * O' 0 0 O. 0 O 0 3 '0 0 4 0 .7! TOT I 0 1,0. 0 I O. 14 7 '* 2 0 8 ' 0 43 HV . 0 0 0 0.. 0 0 I 4 O 0 6 · TOT ..0: 0 15 I 0 0 13 i2 00 18 3 60 4:30 C, NR I · 0 6 0 0 ' 0 17 6 I 0 . · .8 t 40 HV 0 0 0 0 0 0 0 6 0 0 4 0 . O 4:46 C4~ I 0 . 6 O. ' 0 0 ~ . 12 I1 . t 0 .9 0 42 HV 0 0 I O' * 0 0 0 '6 0 0 4 0 . 10 6:00 ~ 3' O' 16 I 0 0 8 8 I ' O' 8. .2 · 47 HV O 0 0 0 0 · Cl 0 ~ 0 0 ~ O TOT' 3 0 18 1 O' 0 8 il . 1 0 * 11 2 ' 53 · IN 0 O. 0 0 0 0 :'' 0 3 0 ' 0 0. 0 3 ~;OT L1 0 11 0 ' ' '0 0 7 10 .10 8 5 41 S:30 . CAR I 0 ' 10 0 0 * 0 12 !; 0 -- O* 3 · I 32 HV O 0 0 0 · 0 0 O' 4 ' Oi 0 3. 0 71 TOT I · 0 10 0 .. 0 0 12 ' 9 -00 * 8 1 38. 6:46 ,PAR I 0 13 '. 0 0 . 0 16 7 0 · 0 ' · 7 2 46 HV 0 .(t ' 0 0 0 0 0 4 · O O~ 2 0 . TOT .1 0 13 0 0 .0 18 11 0 0 9 2 5'2 ' AREA PEAK HOUR (4:15-5it8) APE I ' 5 0 46I 2 O. 0I 50 50 8I 0 ' 52 6] 214 AREA PHF 0,42. NA 0,72 0.50 NA N^ 0.74 0~78 ' 0.75 'NA 0.81 :' 0.50 0,89 IAREA. PEAK HOUR HEAVY VEHICLES- TRUCKS,,.BUSES, &REC VEHICLES m~,K8 0 0 0 . O' 0 0 0 17 0 O, 1(~ 0 BUSES 0 0 0 0 ' .0 0 0. 0 0 0 0 0 0 REC. VEHS 0 0 1 q 0 '0 · ! 0 0 0 0 0 TOT HV 0 0 I 0 0 0 I -~ 17 0 0 18 0 35, HV % 0,0 - NA 2.2 0.0 NA NA 2.0 .34.0 0.0 NA 30.8 0.0 18.4 BT BLI~ o o o o o o o o o o o o' 'o' BICY(~LF_.~ o o · o o o o' o o o o o o o REDS' ~ o o. : · o . HOURLY TOTALS 4:00.6:00 3 0 4d 1 1 '0 58 48 4 0 49 4 204 4:15 -5:15: 5 0 46 2 0 0 50 50 3 0 52 8 214 4:;~0 ~:;~:) 6 0 42 I " O' 0 44 4~ 4 0 44. 0 . 195 4:45 6:45 6 0 48 I 0 0 39 46' 3 0 38 8 t85 5:00 ' 6:00 6 0 50 1 0 0 43 41 2 , O. 34 -8 - 185 IOA INTERSECTION TRAFFIC COUNT CLEAR KA # 3383 ARNEY RD & W'BURN .STORES NO DRWY WOODBURN, OR 5/17/2000 (WED) I PM PEAK HOUR I 66 I M. CUNNEEN I SB PHF* ' 0.716 I 65 0 WB PHF* NA SB HV 28.6°/0 WB HV. NA SB BIKES 0 .. I ! I WB BIKES NA SB PEDS 0 <- ' v -> WB PEDS NA 4 ' --,I PHF '0.735 * I I~ 0 I TEV 118 ~ · 5 0 ...... > ~ 28.0% i <:~ 0 ' 2 · Weighted Average · 1 ~1 I I--- 2 V ~-- ^ --> V · . I I I EB PHF* 0.4.50 NB PHF* 0.809 '. EB HV' 0.0% 0 55 0 NB HV · 30.9% EB BIKES · . 0 NB BIKES . 0 EB P. EDS- · I 65 NB PEDS O. 15-MIN EASTBOUND .. WES~ND NOR]'HBOUND SOUTHBOUND PEP40D LFT 314' F~IT ~ 1H.' RGT I.FT' TH 'ReT LFT TH ReT, TOT '5 2 O' 10 4:00 C,q:l t 0 ' 2 0 0. 0 : · .0 . ' 0 0 ' ~r 0 ** 0 0 0 0 '* 0 0 :~ 0 0. 4 '. 0 7 TOT 1 0 2 0 '0. ' 0 '0 . 8 · 0 0 6 0 17 4;15 C~R I O. . 0 0 0 0 0 lB 0 -0 i4 0 23 HV 0 ~ . 0 O O O O O. 4 0 0' 6 O Gl TOT I 0 0 0 0 0 '0 '12 '.0 0 19 0 32 4:30 CAR 0 0 1 0 0 ' * O 0 . 7' 0 ' 0 6 0 16 Hv -o. o o .o o o o ]3 o o 4. o TOT. '0 0 I 0 0 0 0 . 12 0 ~. 0 12 , 0 25 4:46 ~ 2 ' 0 0 0 O 0 0 12 .0 0 9 1 .HV 0 ' 0 0 0 0 '0 0 5 *' - G 0 4 0 TOT 2 ' 0 · 0 0 . 0 0 0 17 - 0 0 13 ~ 1 5:00 OAFI I 0 . 0 E 0 0 0 11 0 . 0 8 {"IV 0 0 *0 0 0 0 0 ~ O; 0 ~ 0 6 TOT I 0 0 2 · 0 0' 0 14 "0 ' 0 . 11 0 28 r,'15 ~ 0 O O 0 O 0 O fl O 0 11 ~ ~n J'N 0 0 0 0 0 0 0 3 '0 0 0 0 .3 TOT 0 0 0 0 0 0 0 11 - 0 0 . 11 I 23 6:30 CAR I . 0 0 0 · 0 0 ' - O' , 6 0 0 4: 0 11 NV 0 O O. 0 0 0 ' O 4 0 0 3 0 7 TOT 1.. 0 0 0 ' '0 0 0 10 0 0 7 0 18 6;46 C. Ai:t :2 0 1 0 0 0.! ! 7 . 0 0 8 0 19 HV, 0. . 0. 0 0 0 0 0 4 '0 0 2 0 6 TOT 2 0 1 0 '0 0 t . tl 0 . 0 10 0 25 AREA PEAK HOUR {4:15-5:1b-') · APH' I 4 0 11 =' o ol o. .ol o AREA PHF 0,50 ~ NA O,E5 0,25, NA NA · NA 0,81. ICA NA 0,72 0,25 0,89 ~ '1 "EA'An o '1 = ' o o'l o. r~' 01 .o ~ PEAK HOUR HEAW VEHICLES - TRUCKS~ BUSES~ & REO VEHICtJF-S TRUCKS' 0 · 0 0 0 0 ... 0 0 17 0 0 ~ :18 0 BUSES 0 0 0 0 0 0 . '0 0 0 0 0 0 0 REC VEHS 0 0 0 0 0 0 O' 0 · 0 0 ' 0 0 0 TOT HV 0 0 0 0 0 0 0 17 0 0 . 16 0 33 HV % 0.0 NA 0.0 0.0 NA NA NA 30.9 NA NA 29.1 0.0 28.0 BT BUG · o o o o o o o o o 'o o o o: BICYCI F~ 0 ~ o o o o o o * o o o o o PEDS t *~, . o o HOURLY TOTALS 4:00 -5:00 4 0 3 0 0 0 0 49. 0 0 50 I 107 4:15 -5:15 4 0 I 2' 0 0 0 55 0 0 55 I .. 118 4:30 -.5:30 3 0 I 2 '0 0 0 54 0 0 47 2 109 4:45 -5:45 4 0 0 2 0 0 '0 52 0 0 42 2 t0~ 5:00 -8:00 4 0 1 2. 0 0 I 46 0 0 : 39 1 94 INTERSECTION TRAFFIC COUNT CLEAR KA # 3383 ARNEY FID & W'BUFI. STORES "0 ORWY WOODBUR", OR ' S/13/2000 (SAT) I PM PEAK HOUR 1 34 ! M. CUNNEEN l SB PHF* 0.710 § 29 0 WB PHF*' NA SB HV 2.9% WB I-iV NA SB BIKES 0 I . I I WB BIKES NA SB PEDS 0 <- - v. -> WB PEDS NA r' ,~. 5 --I i PHF 0.721 * I-- 0 TEV 131 62 1 . > I-IV 2.3% <: 0 0 · Weighted Average .56 ~l' i , 0 V .C-- . A _~. V I I I EB PHI:* 0.057' , NB PHI:" 0.,845 EB HV 0.0% 3 32 0 NB HV 5.7% · EB BIKE~' 0 ~ . NB BIKES .0 EB PEDS 0 35 NB PEDS 0. 15-MIN F_A~iuOUND WESTBOUND 'NORTHBOUND . SOUTHBOUND Pla~lOO 'LFT IH RGT LFT TH ROT LFT. TH ROT LFT IH' 'RGT TOT ~:30. OAR 0 0 3 .0 ,0 .0 · 1 6 . 0 0 -~1 0 20 HV.. 0 0 ' 0 o 0 0 0 O O, 0 0 O 0' ~' TOT' 0 0 ~ 0 0 "0 1. 5' 0 0 11 '. O 20 1:46 OA~ I 0 · . 13 0 ' .1 0 1 O 0 0 14 1 ~7 'IN' O 0 ' 0 O 0 0 0 0· n :(] O O TOT ' 1 0 13 . 0 .. 1 0 1 8 · 0 0 14 I 37 2:00 ~ I 0 gl O O O O O O O ' O HV * 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 'TOT I 0 9 0 0 0 0 9 0 0' 6. I ' 26 ~:16 ' CAR. 1 ' 1 10 0 '0 0 I 7 0 il ' "6 2 27 HV 0 0 0 .0 0 · 0' 0 0 0 ' 0 * 0 0 0 · TOT 1 I 10 0 0 0 'i '.7 O' O. ': 5 2 27 ~ OAR I 0 · 13 O .0 0 . 0.. 0 0 0 9 1 . ~0 HV '' 0 0 . . O 0 O- 0 O' 1 O0 1 TOT I '. 0 '13 0 * 0 0 0 7 0 0 t0 I 32 ~46 CAi:[ 2 0 12, 0 0 0 2 O O 0 7 I . IN' .0 0 0 0 0 0 0 O OI 0 '0 0 0 "TOT 2 0 . 12 0 0 0 2 - g ' O! 0 7 1' 33 3;00 ~ I 0 21 0 0 .. 0 0 .. 8 . 0 , 0 .' ? ! HV~ 0 0 0 0 0 0 0 I 0 0 0 0 1 TOT I 0 21 0 0 0 0 9 00 7 1 3:15 CAR 2 0 16 .= 0 0 ' 0 I 4 0 0 O .2 30 'HV 0 · O, . O -' 0 0 0 0 1' 0 .o 0 0 TOT 2 0 15 0 0 0 1 § - 0 0 6 2 AREA 'PEAK HOUR I(2:1~3:15)3 ' '1 ~ I r~l" 0 .0 0 -.. 32. 0I 0 .2g '~1 131 AREA PHF '0,63 0.25. 0,67 NA NA NA 0,33 0,89 NA NA 0,78, 0,6~ 0,84. . o ,mi o o ol ~ ~H . IAREA PEAK HOUR' .HEAVY VEHICLES - TRUCKS~ BI. ISES~ & REC Vr-nlCLES ~S '0 0 0 0 0 ..0 0 0 0 0 0 0 0 BUSE8 o 0 0 0 o 0 0 ·'-0" 0 0 0 0 0 REC VEHS" 0 0 0 0 0 0 0 2 . 0 0 I o - 3, TOT HV 0 0 0 0 0 0 0 2 0 0 I 0 ' 8 HV%. 0.0 0,0 0,0 NA NA NA ' 0,0 8~3 NA NA 3.4 0.0 BT BUB o o o o . o o o o o o o 0 o BICy_c3 F~ o o ' o o' o 0 ' o o o .. o o o o ' HOURLY TOTALS 1:30 -2:~:) 3 I . 35 0 I 0 3 27' 0 - 0 36 4 110 1:45 -2:45 4 I 45 0 1 0 2 '28 0 0 35 5 122 2:00 ~3:00 6 .1 .44 0 0 0 3 ' ;~2 0 0 28 5 118 2:15 ~3:15 5 I 58 0 0 0 3 32 0 0 29 6 13i' 2:~:) -3:30 e 0 .~ 61 0 0 0 3 30 _0 .... _o__ 30 6 135 INTERSECTION TRAFFIC COUNT CLEAR KA # 3383 ~RNEY RD & W'BURN GTOREG CEN DRWY WOODBURN~ OR .5/13/2000 (SAT) I PM PEAK HOUR J 85 I M, CUNNEEN I. SB PHF* 0.746 3 62 0 WB PHF* 0.792 SB HV 1.2% WB HV 0.0% SB BIKES 0 I I I WB BIKES 0 SB PEDS 0 <:-- v . -> WB PEDS 80 ^ ] ^ . 4 --I ' PHF 0.834 * I-- 0 ' TEV 459 - 134 12 > HV · 1.1% <-- 3 38 · Weighted Average ,1i8 ' --I I~. 35 v <- '/'' ~'> V · '1 ' I I · EB PHF*' 0.8.98 NB PHF* 0.837 · EB HV 0.0% 145 31 :26 NB I'IV 2.0% EB BIKES 0 NB BIKES 0 EB PEDS . 30 202 .. ' NB PEDS ~120 15-MIN EASTBOUND -. WESTBOUND NORTHBOUND.. SOUTHBOUND c~m . PEPJO0 M=T ' TH ' . RQT LFT TH RQT LFT 114 · ' RQT LFT "IH . · RQT ' TOT 1:30 ~ 2 9 23 0 O. . 0 - 30 4 6 · 0 13 HV 0 0 0 O' 0 0 .0 0 0 . 0 , 0 0 0 TOT ' 2 9 23 . 0 0 0 38 4 6 0 13 '1 96 1:46 C,,Nat . I · . 4 ~l 7 · I 0 33 6 · g 0 ~O I 109 J-IV 0 O~ 0 0 O 0 O 0 ~1 0 0 .O 1 TOT 1 4 21 , 7 I 0 33 · '8 ' 10 0 ' 28 '1 .110 ~ ~ 0 8 18 ' I .0' 0 ~ g . 4 I 14 '0 ' ~4 " H~ 0 -..0 0 · 0 · 0 0 '0 0 1' 0 0 0 1 TOT 0 8 18 . I .0 0 39 0 5 1' 14 0 : 95 HV 0 0 . 0 0 0 0 0 0 0~) 0 O, .0 .TOT 1 6 ~ 3.1 ..... 11 1 .0 41. :'7 .3. 0 15 0 .1'16 ~0 ~ O :a . as 9 0 0 at; e 8 0 aa 0 111 HVI 0 " 0 0 0 0 0 0 ~' 0 0 1 El 2 TOT; 0 0 28 9 0 0 35 '" .7 · 8 .'0 23 0 113 'i 2:46 CAR 2 0 30 7 I ' ' 0 36 g.' 3 O 17 2 106 ': HV 0 0 0 O' 0 0 1 0 0 0 0'~ 0 1 TOT. - 2 0 30 · 7 1 0 36 O 3 0 17 ' 2 107 · .oo -c,q:t I / 3 29 - 8 1' o; I-IV 0 0 0 0 0 'TOT I 3' 29 .. S 1 ' 0 '33 '. e 12 '0 27 I 123 3;16- C/UR 0 0 10 3 I 0 .HV '0 0 0 0 fl '0 O, 1 . .0 O O. 0 1 TOT 0 "'0 19 0' I 0 33. 6 · 3 0 21 0 92 AFIF_A' PEAK HOUR AREA PHF 0.50 0.50 .0,95 0,80 0,75 NA ' 0,88 0,86 0.54 NA' 0.76 0,38 0,93 I 'AREA PEAK HOUR HEAVY. VEHICLES --TRUCKS~ BUSES~ & REC VEHICLES TRUCKS 0 0 0 , 0 - 0 0 2 0 '0 '0 ' 0 0 2 iBUI~E6 0 0 0 0 0 ' 0 0 0 .0 0 0 ' 0 0 REC VEHS 0 0 0 0 0 0 0 2 0 0 . 1 0 3 TOT HV 0 0 0 0 0 0 2 ' 2 0 0 -IV % 0,0 0.0 .0.0 0.0 0.0 NA 1.4 . 6.5 0.0 NA '.1.2 · 0.0 1.1 BT BU~ o o o o o · o o o o ' 0 ' o o o BICYCLES o o o o o o o o o o o . o · o PEDS ao ao HOURLY TOTALS 1:.'~0-2:30 4 27 , B3 19 2 0 ' 151 26 23 1. 68 2 416 1:45 -E:45 2 01 96 28 2 0 145 29 26 I 78 1 4~ 2:00 -3:00 3 . 17 107 28 2 ' 0 151 32· 19 I 69 2 43i 2:t5 -3:15 4 12 ' 118 35 3 · O '145 31 .26 0 82 3 459 2:~0 -3:30 I 3 6 106 27 3 0 143 ~0 · 26 Q' 88 3 435 IOA INTERSECTION TRAFFIC COUNT CLEAR ' KA # 3383 ARNEY RD & W'BURN STORES SOUTH RD WOODBURN, OR 5/13/2OO0 (SAT) I PM PEAK HOUR I 235 I M, CUNNEEN SB PHF* 0.884 . g 226 0 WB PHF* NA 'SB HV 0.4% WB HV NA SB BIKES ' 0 I I I WB BIKES NA SB PEDS 0 <- v -> WB PEDS NA 8 SI PHF '0.869 * I-- 0 TEV, 1057 346 0 :> HV 0.6% < .'- 0 0 · Weighted Average V ~-- ^ -->' V EB PHF* 0.821 ' NB PHF* 0.897 · EB HV 0,3% 282 194 0 .. . NB HV · 0.8,% 'EB BIKES O. NB BIKES 0 ' ' EB PEDS 0 476 ' NB PEDS 0 15-MIN . EASTBOUND WE~II~IOUN. D. NORTHBOUND PEI~X) ~' LFT 'IH RGT LFT ' 1H RQT · LFT 111 RGT LFT 11"1 , RGT . TOT 1:30 CAR 0 · 0 · 71 0 0 0 70' .47 0 0 · 36 ltV 0 0 .0 0 O. 0 · 0 0 O 0 0 0 O, : TOT ' 0 0 ' 71 ' 0 0 0 70 47 0 0 35 - I 224~ . HV o 0.- 1 o ~ O 0 O I O 0 0 0 - .TOT . 2 0 78.' 0 ~ 0 84 47' 0 0 53 1 2:00 ~ . 3 0 ga, 0 · . O' 0 ~2 ,.4g., . OO. 32 I '2'4~ HV 0 0 · 0 0 0'* '0 1 ' .1 0 0 0 O 2 TOT H 0 93 0 *0 0 63 50 .' 0 0 ' 32 '1 · 242 2:16 CAR 4 0 6g 0 O * *0 82 47.· HV 0 0* 0 0 *0 0, .. 0 ' 0 0 0 · 0 'O 0 TOT 4 0 68 O 0 0 '82 47 0 0 .53 .4. 259 HV O O. O O .O '.0- O I O TOT 0 0 '81 ·0 0 0 . 78. 50 0 '0 ' ' 56 2 269 2:46 ~ 2 0 * 86 O O. 0 .72 46 O 0 E2 2 .258 HV 0 0 1 0 0 0 .. 0 1 O, 0 0 O~ TOT 2' 0 86 0 0 0 72 46 0 0 ~ 52 2 260 ~:00 C~ ~ 0 .i02 0 0 0 50 40 Ol 0 63 HV 0 0 0 0 0 0 0 g 0 0 . 0 0 · 2 · TOT 2 0 102 , 0 0 0 50' 51 0 0 · '53 '1 268 3:16 CAR 3 0 . 101 0 " 0 0 ~68 44 ' ' 0 0 ' 41 ~' 24'0 HV: o o I o o o 1 I o TOT 3 0 '102 0 0 0 ' ~ ' ~ 0 AREA'PEAK HOUR 'N?H I 8 0 &.~l '-0 .0 01 282 194... 0! 0 22~ 81 1067 AREA PHF 0,50 · NA 0,83 NA · NA NA · 0,88 . 0,g5 NA NA 0,g0 0,56 0,98 AREA PEAK HOUR HEAVY vEHICLES. TRUCKS~ BUSES~ &.R~C VEHCLES., '.O TRUCKS' 0 O ,' I 0 · 0 0 · 0 2 0 0 0 3USEE) 0 0 0 0 0 0 O' 0 0 0' 0 0 0 REC VEHS 0 '' 0 00 o 0 0 2 0 0 I O. TOT HV 0 0 I 0 0 0 . 0 4 0 0 I 0 Et HV% O.0 NA 0.3 ,NA NA NA 0,0 2.1 NA NA 0,4 0,O 0.6 STBUS o 'o o o o., o o · o o o o. o o' BICYC~-ES o o o o o o o 6 · o o o o o PED6 . . NA NA NA. NA NA HOURLY TOTALS ** 1:30 -2:30' 9 0 309 0 ' 0 0 "299 191 0 0 173 7 988 1:45 -2:45 '9 0 · 319 ' 0 '0 0 507 194 0 0 196 8 10~3 2:00 .3~00 0 ' 0 329 ' '0 O 0 295 1~ 0 0 195 9 1030 2:15 -3:1§ 8 0 338 0 ' 0' 0 282 194 '0 0 226' 0 1057 ~2:30 4:30 7 0 371 0 0 0 259 19'2 0 0 214 7 1050 IOA IOA TRIP GENERATION SUMMARY PROJECT ~.3383 WOODBURN COMPANY STORES WOODBURN, OR 1:30- 3:30 PM 5/13,/2000 (SAT) 15-MIN. INTO STORE DRNEWAYS OUT OF STORE DRIVEWAYS GRAND · PERIOD SOUTH. CEN .NORTH TOTAL SOUTH CEN NORTH TOTAL TOTAL 1:30- 1:45 65 '52 '1 118 67 25 3 95 213 1:45- 2:00 79 60 2 141 73 29 14 116 257 2:00- 2:15 . 59 54 1 114 92 19 '10 121 235 2:15- 2:30 82. 56 3 141. 67 43 11 121- 262 2i30- 2:45 71 58 I 130. 75 37 14 126 · 256 2:45- 3:00 69 65 3 127 85 39 14 138 265 3:00- 3:15 "'46 61 I 108 100 38 22 160 268 3:15- 3:30 57 60 3 120 102 22 ' . 17 141 261. SATURDAY PEAK HOUR.TRIP RATES PER 1,030 SQUARE FEET 243.6 ROAD PH 1.10 ' 0.94 0.03 2.08 '1 . 1.34 0.64 0.25 .. 2.24. 4.31 'SITE PH 1.10 0.94 '0.03 ' . 2.08I 1.34 0.64 0.25 2.24 .4.31 .. SATURDAY SITE'TRIP GENERATION HOURLY TOTALS 1':30. -2:30 285 222 · 7 -514. ~99 116· 38'~ '453 967 1:45 -2:45 291' ' ~28 7 526 307' 128 · 49 484 1010 2:00 -3:00 281 223 .- 8 512 '319 .138 49 t 506 1018 2:15 -3:15 268 230 - 8 506 327. - 157 61 ' 545 1051 2:30 -3:30 243 -234 · 8' 485 .362 136 67 .565 1050 TRIP GENERATION SUMMARY 'PROJECT..f/, 3383 .. WOODBURN COMPANY STORES · .. WOODBURN, 'OR 4:00-6:00 PM .· 5/17/2000 (WED) 15-MIN -INTO STORE DRIVEWAYS OUT OF STORE' DRIVEWAYS -GRAND PERIOD SOUTH CEN NORTH TOTAL SOUTH ' CEN 'NORTH .' TOTAL' TOTAL 4!00 4:15' 43 22 0 -' ~ · 50- 1.1 '3 64 1.29 4:15 4:30" 33 32 . . 0 ' 65 .55 16 ... 1 72 137 4:30 4:45 32 30 0 62 56 7 - 1' " 64 128 · 4:45 5:00 45 25 I 74 53 10 -. 2. 85 139. 5:00 5:15. 30 21' 0 51 57 20 ' 3 80 1'31 '5:15 5:30 42 ~ 18 1' 61 47 . 12 '0 . 59 120 ,5;30 5:45 26 · 19 0 .45 50 ' 11 I 62 107 6:46 6:00 27 27 I 55 36 14 3 ' 53~ 108 WEEKDAY PEAK' HOUR TRIP RATES PER 1,000 SQUARE FEET 243.6 SITE 'PH 0.59 0.44 0.00 . 1.03 0.01 0.22 '0.03 1.15 '2.19 WEEKDAY SITE TRIP. GENERATION. HOURLY TOTALS 243.6 -. 4:00 ;5:00 '156 109 1 266 214 44 7 ' ' 265' 531 4:15 -5:15 143 i08 '1 252 221 53 7 281 , 5,33 4:30 -5:30 152. 94 2 248 213 49 - 6 268 516 4:45 . -5:45 146 83 2 231 207 53 6 .266 497 5:00 -6:00. 125 85 '2 · 212 190 57 7 254 468 10A NTERSECTION COUNT DEDUCTING CONSTRUCTION TRAFFIC KA # 3383 ARNEY RD & W'BURN .STORES. NO DRWY WOODBURN, OR 5/17/2000 ~NED) I PM PEAK HOUR I 4~ [ M. CUNNEEN I SB PHF* 0.657 I 40 0 WB PHF* NA SB HV 2.4% WB HV NA SB BIKES 0 I I I WB BIKES SB PEDS. 0 <- v -> WB PEDS NA 4 --I PHF 0.681 * ' I-- 0 TEV es 5 0 · > HV 3.4% <-- .0 2 · Weighted Average I --I I 2 I I I EB PHF* 0.450 , NB PHF" 0.769 " EB HV 0.0%" 0 40 0 NB HV 5.0% · EB BIKES '0 NB BIKES 0 EB PEDS I 40 NB P~EDS 0 1B.MIN EASTBOUND WES'I*I~)UND NORTHBOUND .. SOUTHBOUND (:lTR 4:O0 ' C,~ I 0 2 ' 0 '0 0 0 .'Ht/ 0 0 0 0 0 0 0 0 0 0 1 0 1 TOT 1 0 ' 2 0 0 00 5 0 0 · ;3 · '0 11 4;15 ~ I . ' 0 0 0 0 0 ' O 8 0 0 14 0 . ~3 .... HV 0 o 0 0 0 0 '.0 0 · 0 0 I , 0 1 TOT i' 0 0 0 "0 0 0 E! 0 0 15 0 24 4:~0 , ~ 0 . 0 I 0 0 0 0 .? 0 0 8 0 16 HV .0 0 0 0 0 0 0 .1 0 ' · 0 0 * 0 1 TOT 0 0 1 0 · 0 - 0 0 ' , 8 0 0 8 0 17- 4:4~ CAR 2 0 0 . O. ~ 0 '0 0..... '12 Oi 0 o 1 24 ,HV 0 0 - 0 0 0 0 0 I .O 0 Q 0 , 1 TOT 2 0 - 0 ' 0 0 ' · 0 - 0 6.ff)O ~ 1 0 0 2 O ' 0 -0 11 .0 0 6 0 22 Hi,' O 0 '0 0 0 .0 O O 0 0 0 O. ' 0 TOT I 0 ' 0:' 2- O' · 0 0 11 0 0 8 0 22 E:IE ~ O 'O 0 0 0 D 0 ' 8 O O. O I 18 HV ,0: 0 0 0 . ' 0 ' 0 0 0 0 0 0 O 0 TOT 0 0 0 0 0 ' 0 0 8' 0 . 0 9 i 18 6:30 ~ I 0 · 0 0 0 O I 0 ,e 0 .0 ' 4 0 I1 'HV O' 0 0 0 0 0 0 0 'O' '0 0 O 0 TOT 1 0 0 .0 0 ' 0 0 '6 , 0 0 4. 01'1 6:46 C.N:I 2 0 I .0 0 0. 1 7 0 0 8 0 · 19 I-I'V* ' '0 ' - 0 0 ~0 . 0 (] O * 0 O 0 O O 0 · TOT 2 0 ' 1' 0 0 0 1 7 . 0 0 · 8'. 0 19 _ ~ PEAK HOUR (4:15-5:1b')" AREA PHF 0,50 ' NA 0,25 0.25 NA NA NA 0,77 NA NA 0,67 0,25 0,88 · - · · F,'T PEN( HOUR AREA PEAK HOUR HEAVY. VEHICLES - TRUCKS~ BUSES~ & REC VEHICLES TRUCKS 0 '0 0 0 ~ 0 0 0 2 '0 O' I 0 BUSES 0 0 0 0 : 0 0 0 0 0 0 0 0 0 REC .VEHS 0 0 .0 0 0 0 0 0 0 0 0 0 0 TOTHV 0 0 . 0 0 0 0 0 '2 0' 0 HV % 0.0 * NA 0.0 0,0 NA NA NA 5.0 NA NA 2.5 0.0 ;3.4 8T BUS o 0 o o o o o o . o o o o o BICYCLES 'o o ' o o o o o o o 9 o o o PEDS I 1. o o HOURLY TOTALS 4:00 -5:00 4 ' 0 ;3 0 0 ~. 0 0 34 0 O. 35. I 77 4:15 .,5:1§ 4 0 I 2 0 0 0 40 0 .0 40 I 88 4,'30 -5:30 3 0 I 2 0 0 0 40 0 0 84 2 82 4:45 -5:451 4 ' 0 0 2 0. 0 .0' 38 0 0 30 E 78. 5:00 -8:00! 4 0 1 2 0 . 0 ._ '1 32 0 .... 0 . 29 1 70 .o & w'.u., srO.ES sour..o woo..u.., o. 5/17r oo ~ I PM PEAK HOUR I ~ I M, CUNNEEN SB PHF* 0.767 9 76 0 WB PHF* NA SB HV 1.2% WB HV NA SB BIKES 0 I I I WB BIKES NA SB PEDS 0 <- v' -> WB PEDS NA ' 10 --I PHF 0.869 * · I-- 0 · TEV 562 . 241 0 > HV 1.1% <-- 0 '0 · Weighted Average 231 - --I l ..... 0 .. I I I' EB 'PHF* 0.964 NB PHF* 0.809 ': EB HV. 1.2% 158 78 0 NB HV. 0.8% EB BIKES 0 NB BIKES O' EB PEDS I 236 NB PEDS 0 :16-MIN EASTBOUND WESTBOUND NORTHBOUND SOUTHBOUND ~ 'LFT TH .. R~T LFT TH, ' ROT LFT TH · ReT ' LFT - 'TH ReT' TOT 4.fiX) C4~ - · , 0 ,51 0 ' 0 0 47 17 0 0 13 1 1~2 HV 0 0 - 0 O, 0 0 I O' 0 0 0 1 " 2 · TOT .3 0 : 51 '0 0 0.' 48 17 · 0 ' 0 ' 13 . 2 134 4:16 · ~ ' 4 0 ~0 . 0 0 0 aT' · , l0 0 0 ~ . .4 * 140 ' HV O 0 0 0 0 O' 0 I 0 O I 0 2 TOT 4 0 58 0 · 0 0 37 · 17 0 0 ~4 ' 4 142 I"N I .0 I 'O '0 0 0 · 0 0 O ' ' 0 . 0 TOT '2 0 58 0 0 0 36 23 0 .. 0 "il · 8 133 4:45 ~ ~ O 0 ,- ~'~ 0 0 0 48 ~ 24 0 0 '1~ . 2 146 "HV 0 . . -. 0 I 0 .. '0' 0 0 .1 0 0 1 TOT' 0 0 . 58 0 0 0 48 25 0 0 16. 2 ~' 149 .HV 0 0 0 ~0 0 0 0 '0 0 0 O 0 0 TOT 4 0 58 0 0 0 37 13 0 0 25 0138 EIB ~ 2 0 48 : 0 0 0 44 13 .0 '0 17 0 124, HV 0 0 ' *0 0 0 0 0 ' 0 0 0 0 0 0 TOT 2 0 48 ' 0 , 0 ' 0 44 1;3 0 0 17 0 124 '6:30 'CAR 0 . 0 ~ . ' 64 0 0 0 20. 17 0 0 11 2' :113 'HV . 0 0 0 : '-0 ' 0 0 ~ I 0 ~. 0 0 · 0 '. 0 .1' TOT '0 0 540 O. 0 30 17' . · 0 0 11 ' 2 11'4 CAR I 0 ' . ~3 00 18 2 110 5:46 0 3~ 0 0 0 2g ' TOT 0 O' 39 0 0 0 '29 . 23, '0 0 t8 2111 PEAK' HOUR (4:15-5:15) " AREA 'PHF 0,63 NA O, g8 NA · NA NA 0,82 0.78 INA NA O,7g 0,56 0,94 AREA PEAK HOUR. HEAVY VEHICLES - TRUCKS, BUSES~ & REC VEHICLES TRUCKS I O. 2' '0 0 0 0 I 0 0 ' 0 0 4 ~BUSE8 ' 0 0 .0 0 0 0 0 -0 0 0 0 0 0 qEC VEHS 0 0 0 0 ,0 0 0 1 0 0 I 0 2 TOT HV I 0. E 0 0 - 0 0 2 0 0 I 0 8 I-IV% 10.0 NA 0.9 NA NA NA 0,0 2,0 NA NA 1.3' 0.0 1.1 8T.BLJ9 o o. 'o o · o o o o o o o o o BICYCLES o o o o o o o' . o · o o o o , o HOURLY TOTAL~ 4:00 -5:00 8 0 223 0 - 0 .0 16~ - 02 0 0 ' ' 64' 11 .558 4:15 -5:15 10 0 · 2al ' 0 0 0 158 :78 0 O, 76 9 662 4:;30 -5:30 8 0 223 0 0 0 165 74 0 0 69 5 544 4:45 -5:46 6 0 219 0 0 0 ' 159 65 0 0 69 4 525 5:00 -5:00 6 0 200 0 .0 0 140 66 0 0 71 4 497 IOA 10A COUNCIL BILL NO. 1977 Exhibit "C" ORDINANCE NO. 2;~40 AN ORDINANCE APPROVING ANNEXATION 98-03; COMPREHENSIVE PLAN MAP AMENDMENT 98-02; ZONE MAP AMENDMENT 98-04; FOR THE CONSTRUCTION OF PHASES H AND Ill OF A FACTORY OUTLET CENTER; ATTACHING CERTAIN CONDITIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodbum's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case 98-03, Comprehensive Plan Map 98-02, and Zone Map Amendment 98-04, and considered all public testimony previously presented; NOW, Tmc~REFORE, CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The land use applications before the City Council are as follows: A request for annexation to the City of Woodburn of Tax Lot 101 consisting of 8.0 acres that is within the Woodburn Urban Growth Boundary. Bo A Comprehensive Plan Amendment from "High Density Residential" to "Commercial" on Tax Lot 101. A Zoning Map Amendment in conformance with the Woodburn Comprehensive Plan Map designation from Urban Transition Farm to Commercial Retail. Section 2. Woodburn, LLC. The applicant and owner of the Tax Lot 101 is Craig Realty Group - Section 3. The property which is subject to the land use applications is Tax Lot 101, which is legally described in Attachment "A". Section 4. The property legally described in Attachment "A" is annexed to the City of Woodbum, based upon the findings and conclusions contained in Attachment "B." Section 5. That the Comprehensive Plan Map amendment from "High Density Residential" to "Commercial" and a Zoning Map Amendment from Urban Transition Farm ("UTF") to Commercial Retail ("CR") in conformance with the Comprehensive Plan Map designation on the Tax Lot 101, which is legally described in Attachment "A", is approved based Page 1 - Council Bill No. 1977 Ordinance No. 2240 IOA upon the findings and conclusions contained in Attachment "B." Section 6. That the land use approvals herein are subject to the Conditions of Approval contained in Attachment "B", which the City Council finds reasonable. Section 7. 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 Approved as to form-~ .~/~.~roval by the Mayor. City Attorney Date APPROVED:. ~, ~~OR July 26, 1999 July 27, 1999 July 27, 1999 July 27, 1999 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the R~/~ec.,~x~ler ~ Mary Tenant, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 1977 Ordinance No. 2240 PACIFIC 840~ $.W. Nimbus Avenue B¢,verlon. OR 97008-7120 EXHIBIT, 4 Page / of LEGAL DE$CK[PTION A TRACT OF LAND LOCATED IN THE WlI.IiAM DA1LST DONATION LAND CLAIM NUMBER 60, IN SECTION 12 OF TOWNSHIP 5 SOLrl~ RANGE 2 WEST OF THE WILLAMETTE IVlF~RIDIAN, CITY OF WOODBUKN, MARION COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTt~AST CORNER OF THAT TRACT CONVEYED TO RAY STAMPLEY JR. AND CECILIA M. STAMPLEY BY DEED RECORDED ON MAY 19, 1977 ON RF. EL NUMB~ 81, ON PAGE i 629 OF THE MAR/ON COUNTY DEED RECORDS. SAID POINT BEnqG AT THE INTERSECTION OF THE NORTH IJNE OF SAID STAMPLEY TRACT AND THE WEST RIGHT-OF-WAY LINE OF AR.NEY ROAD (COUNTY ROAD NIJM~ER 511, 30 FEET IN WIDTh; THENCE SOUTH 08'32~9" WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF ARNEY ROAD, 623.94 FI~.T; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 89°23' 14" WEST ALONG THE SOUTH LllxlE OF SAID STAM~LEY TKACT 711.27 FEET; THENCE I.I~-AVINO SAID SOUTH Lllx[E NORTH 40° 559-2" EAST, 308.17 FEET; THENCE NORTH 14'44'51" EAST 397.53 FF_2ET TO TI-IE NORTH LINE OF SAID STAMPLEY TRACT; THI~CE SOUTH 89°06'00" EAST ALONG SAID NORTH IJNE, 500.90 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 8.00 ACRES MORE OK LESS. IOA PROFESSIONAL I.~.NO SURVEYOR [ ~LLIAM L. FARFIlF__.R ~---- __~7.17 RENEWAL; ~ ATTACHMENT., ~ Page__ / of..-~/-~-- BEFORE THE CITY COUNCIL FOR THE CITY OF WOODBURN, OREGON In the Matter of a Request to approve an ) Annexation of approximately 8.0 acres within ) the Woodburn Urban Growth Boundary, to ) Approve a Comprehensive Plan Map ) Amendment from "High Density Residential" ) to "Commercial" on 8.0 acres and to Approve ) a Zoning Map Amendment in Conformance ) with the Woodburn Comprehensive Plan Map ) Designation of "Commercial" on 8.0 acres ) from "Urban Transition Farm" to "Commercial Retail" FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY. OF WOODBURN FILE NOS. ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND ZONING MAP AMENDMENT 98-04 10A I. APPLICATION INFORMATION. A. Application Description. This application includes three (3) requests: (1) An annexation of Tax Lot I01 consisting of 8.0 acres that is within the Woodburn Urban Growth Boundary ('UGB"). (2) A request for an amendment to the Woodburn Comprehensive Plan map from "High Density Residential" to "Commercial" on Tax Lot 101 (3) A zoning map amendment in conformance with the requested Woodburn Comprehensive Plan map designation from "Urban Transition Farm" to "Commercial Retail" B. Site Description, This site is located northwest of the intersection of State Highway 214/219 and Interstate Highway 5. The application affects one lot of record, Tax Lot 101. This site is flat with relatively little elevation change. Vegetation on the site consists of native grass. Two drainage swales exist on the property. Adjacent to the site on the south and east is the area of Woodburn Company Stores Phase I approved in 1998. Tax Lot 101 will accommodate Woodburn Company Stores, Phases II and III. Page 1 - Findings and Conclusions ATTACHMENT. ~ Page ,..O. of '--~")/' Adjacent and On-Site Land Use. Comprehensive Plan Mao and Zonin~ Map Designations and Utilities, (1) Adjacent C0mprehen~;iv~ Plan Map Designations. Woodburn Company Stores Phase I to the south and east is designated "Commercial" on the Woodburn Comprehensive Plan ("Plan") map. To the north of this site is the Urban Growth Boundary which is designated Exclusive Farm Use CEFU") on the Marion County Comprehensive Plan map. Land directly to the west of Tax Lot 101 is within the City's Urban Growth Boundary and is designated "iiigh Density Residential" on the City's Plan map. (2) Adjacent Zoning Map Designations, Adjacent property inside the City is zoned CR. Adjacent property outside of the City but within the UGB is zoned UTF. Adjacent property outside of the UGB is zoned EFU. (3) Land Use on Adjacent Properties. The property to the north in Marion County is in farm use. The property to the east within the Urban Growth Boundary contains a single-family residence. The property to the south and east within the City limits is under development as Phase I of Woodburn Company Stores. 10A (4) On-Site Land Use. Tax Lot 101 is vacant. (5) Utilities. Public utilities (water, sanitary sewer and storm drainage) are available to the site's boundaries. There will be no difficulty in connecting these existing public utilities and providing public utilities to the site. The applicant is responsible for all on-site public facility improvements. The City of Woodburn ("City") found in 1992 and 1998 that it had sufficient water, sanitary sewer and storm drainage capacity to serve the Phase I retail development. II. PROCEDURAL HISTORY. The Applicant submitted this application on September 18, 1998. After timely notice of a public hearing as required by the Woodburn Zoning Ordinance, the Woodburn Planning Commission heard the application at a public hearing on February 11, 1999. No party requested that the hearing be continued or that the record remain open. The Planning Page 2 - Findings and Conclusions ATTACHMENT, Page ,'.5 of Commission tentatively approved the application at the conclusion of the public hearing. The Planning Commission adopted a final order recommending that the Woodburn City Council approve the application on February 25, 1999. The City of Woodburn provided timely notice of the City Council's hearing on May 10, 1999. The City had previously provided the required 45-day written notice to the Oregon Department of Land Conservation and Development for this post-acknowledgment amendment. 10A The Mayor opened the public hearing and read the announcements required by ORS 197.763(5). No party objected to the City Council's jurisdiction. The City Council heard testimony from the applicant and the Oregon Department of Transportation. ODOT requested that the record remain open. However, the City Council chose not to keep the record open pursuant to ORS 197.763(4)(1>). This section provides "if additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond." The City Council finds that this statute provides it with the discretion as to whether to keep the record open. In this case, the application has not changed since the February 11, 1999 Planning Commission hearing and ODOT had the opportunity to place a letter into the record concerning the application. Moreover, ODOT did not object to the City Council's denial of its request that the record remain open. The City Council also notes that ODOT did not request an opportunity to rebut any additional evidence presented at the hearing but had a full and fair opportunity to make its case during its testimony. The City Council placed no time limits on ODOT's testimony. The Mayor dosed the public hearing. The City Council tentatively approved the application with a motion by Councilor Figley seconded by Councilor Pugh on a vote of 5-1 (Councilor Bjelland opposed). The City Council directed the applicant's attorney to prepare findings for review by city staff and adoption by the City Council at its meeting on lune 14, 1999. The City Council decided not to impose a condition, which was recommended by the Planning Commission, that traffic impact be determined based upon an additional Traffic Impact Study (TIS) to be paid for and obtained by the applicant. I-Iowever, the City Council added a condition that the City address the issue of required traffic impact mitigation at the time of site plan review. The applicant's attorney proposed findings and submitted them to the City Attorney. After the findings were reviewed by city staff, certain revisions were made and condition IV-6 was added, as follows: "That any additional traffic impact mitigation would be required at the site plan stage, if necessary." Page 3 - Findings and Conclusions ATTACHMENT /~;~. Page fl/, of ',~?- IOA A disagreement arose between city staff and the applicant's attorney as to whether the City Council intended to include condition IV-6 as part of the findings. At its meeting on July 12, 1999, the City Council was presented the proposed findings and discussed the inclusion of Condition IV-6. ' The City Council then clarified its intent through a motion by Councilor Figley. Councilor Figley's motion, seconded by Councilor Pugh, was a follows: I would move that item IV, sub 6 b6 amended to say that no additional traffic impact study be required of applicant; that the issue of traffic impact mitigation be required at the site plan stage, and no "if necessary." ...I made that motion...someone would second it so we could discuss ..... The motion passed 5-0. A second motion was then made at the July 12, 1999 meeting to direct city staff to revise the Findings and Conclusions to be consistent with the inclusion of Condition IV-6, as amended, and to present the revised Council Bill for approval at the following City Council meeting. This motion passed 5-0. III. APPLICABLE APPROVAL CRITF. JIIA. The City Council herein adopts these findings approving this application. The City Council expressly incorporates by reference the findings as to the applicable approval criteria contained in the applicant's submittal dated September 18, 1998. Where there is a conflict between these findings and that submittal, these findings shall control. A. Annexation. (1) Relevant Aooroval Criteria. a. Statewide Planning Goals ("Goals"}. (i) Goal 1, "Citizen Involvement," "To develop a citizen involvement program and insures the opportunity for citizens to be involved in all phases of the planning process." FINmNG: The City of Woodburn has established a land use notification and heatings procedures to assure citizen involvement. Page 4 - Findings and Conclusions ATTACHMENT. Page .q-' of. (ii) Goal 2. "Land Use Planning." "To establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and to assure an adequate factual base for such decisions and actions. # IOA This Goal requires that the City coordinate Plan amendments, including annexations, with affected governmental units. The City has coordinated this application with Marion County, the Oregon Department of Transportation ("ODOT"), and the Department Land Conservation and Development ("DLCD"). (rio Goal 5. "Natural Resources, Sceni9 and Historic Areas and _Open Spaces." "To protect natural resources and conserve scenic and historic areas and open spaces." No Goal 5 resource exists on Tax Lot 101. (iv) Goal 6, "Air, Water and I.and Resources Ouality." "To maintain and improve the quality of the air, water and land resources of the state." State agencies play a key role in achieving this goal. At the time of development, the Department of Environmental Quality ("DEQ") is responsible for administering permits for drainage and for air Quality ("DEQ") with respect to large parking facilities. The Division of State Lands ("DSL") is responsible for administering wetlands. (v) Goal 7, "Areas Subject tO Natural Disasters and Hazards," "To protect life and property from natural disasters." Page 5 - Findings and Conclusions ATTACITIMENT Page 10A There are no hazards associated with the subject property. (vi) Goal 8, "Recreational Needs." "To satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts." The Subject property has not been identified by the City as a potential park site for any type of recreational facility. (vii) Goal 9, "Economic Development," "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." The subject property provides the opportunity to reinforce the activity of the existing factory outlet center. There is no other site in the Urban Growth Area with the same locafional characteristics. The opportunity for expansion of the factory outlet center to an abutting parcel will better serve the existing market area and expand the market area, thereby creating more jobs and local payrolls. (viii) Goall0. "Housing." "To provide for the housing needs of citizens of the state." The City of Woodburn has provided for a variety of housing types and densities in its Plan and implementing ordinances, consistent with the Guidelines for implementing Goal 9. The available inventory of residential land within the UGB exceeds the amount needed to serve future population needs. Page 6 - Findings and Conclusions ATTACHMENT Page ~ of ~ As documented on page 39 of the Plan, there is sufficient land designated for residential use in the Plan to accommodate a population of 28,000, plus a surplus that includes approximately 100 acres of both the Low Density and High Density Plan designations. This analysis is based on the carrying capacity of the two (2) residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is six (6) dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of twelve (12) dwelling units per gross acre, where the corresponding zoning allows densities ranging up to twenty-five (25) dwelling units per gross acre. (ix) Goal 11, "P~blic Facilities and Services," "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development.' 10A The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. (x) Goal 12. "Trans_t~rtafion," "To provide and encourage a safe, convenient and economic transportation system." This Goal is implemented by the Transportation Planning Rule ("TPR"). The City of Woodbum has implemented the Goal 12 and the TPR through the adoption of an acknowledged Transportation System Plan ("TSP") in 1996, Ordinance 2170. The TSP accounts for the development of all the land within the Urban Growth Boundary as provided for the Woodbum Comprehensive Plan. The TSP fulfills the Goal 12 through facility plans for streets, bicycles, pedestrians, and transit; implementation priorities and a financing program. The City has established a TSP that reflects the annexation and urbanization of the subject property. Additional findings demonstrating compliance with the TPR are found below. (xi) Goal 13, "Energy Conservation," "To conserve energy." Page 7 - Findings and Conclusions .,~-. ATTACHMENT KS, , Page fi/ o! .~,4 _ FINDING: IOA The development of the subject property will assist in conserving the energy used for shopping by encouraging one stop shopping due to the aggregation of a wide range of goods at a single location. The buildings in the center will all conform with required energy conservation codes. (xii) Goal 14. "Urbanization." "To provide for an orderly and efficient transition from rural to urban land use." Goal 14 provides for an orderly and efficient transition from rural to urban land use. Tax Lot 101 is "urbanizable" and not "rural" since it is within the Urban Growth Boundary. Urbanizable lands are defined as lands with the UGB which are determined to be necessary and suitable for future urban uses, can be served by urban services and facilities and are needed for the expansion of an urban area. The 8.0 acre annexation is an appropriate parcel to be included within the City. Since the property abuts the existing factory outlet center, it is a logical location for expansion of the center. The public need for this particular land use at this particular location was documented in the City's 1992 and 1998 annexation land use approvals of the factory outlet center. As a facility with a regional market area, the annexation provides the opportunity for the factory outlet center to increase its market penetration by expanding in a location that has previously been selected and improved for the purpose. The annexation fulfills the City's need to grow incrementally and to provide for mutually supporting uses. (xiii) Goals 3.4.15 and 16 through 19. The following goals are inapplicable to this proposal: Goal 3, Agricultural Lands; Goal 4, Forest Lands; Goal 15, Willamette River Greenway; and Goals 16 through 19, the Coastal Goals. b. Woodburn Comprehensive Plan. (i) Commercial Development Policies · Plan Policy B-1. The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The Page 8 - Findings and Conclusions ATTAC~IMENT ~ Page '~ _ of~:~,¢ City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/219/99E four corners intersection area. No new areas should be established. IOA Plan page 14 identifies the special market area considerations for commercial uses at this location: "This area serves as an interstate service center. It is a freeway oriented service center. This area also has a more regional retail orientation than the rest of Woodburn." Consequently, the need for commercial land in this area is independent of other commercial sites in the City. There are no comparable sites in the area available for commercial use. The proposed (a factory outlet center) use can only be served at the proposed location. A factory outlet center is appropriately located at this location because of its location relative to transportation facilities ~. Lands for high traffic generating uses (shopping centers, malls, restaurants, et¢) should be located on well improved arterials. The use should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. The subject property is located on Arney Road, which is classified as a "Service Collector.' Arney Road has been improved to essentially the same standards as a "Minor Arterial," except that the turn refuge lane is two (2) feet narrower. Arney Road has direct access to Highway 214, which is classified as a "Major Arterial.' The appropriate traffic control requirements along Amey Road have been identified as part of the traffic impact analysis. (ii) Annexation Policies IpJ~-. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is aiso essential to prevent too much land from being included in the city limits as this leads to inefficient, sprawling development. The City should ensure that there is a five (5) year supply of vacant land within the City. Services should be provided to the land during the five (5) year period. Page 9 - Findings and Conclusions ^TTAC~MENT_ ~ P~ge ~ of As found in Commercial Development Policy (V.D. 1.a. above), the I-5 Interchange location of the subject property has special, regional market characteristics and therefore is not directly competitive with other commercial sites within Woodburn. In addition there is virtually no other vacant commercial land available at the interchange at present. Therefore the subject property satisfies this policy. P_Iao_P_o~F~L]~. Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the city west of Interstate 5, a detailed Transportation Impact Study with the Department of Transportation involvement will be required. IOA This process allows the City to condition development with transportation improvement requirements that are "roughly proportional" to the traffic impacts that are generated by the development. A Traffic Impact (TIS) Study was completed by the applicant and is contained in the record. The City finds that this policy is satisfied for the purposes of this application and will not require the applicant to prepare an additional traffic impact study for Woodburn Company Stores, Phases H and HI. However, the City reserves its right to address any future traffic mitigation issues when a Site Plan review application is submitted on the subject property. Plan Policy M-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over' time, for urban development. Based on the on-going needs of the community to accommodate growth and the specific commitment to construct Phase I of the factory outlet center, it is timely to allow urbanization of the subject property. Plan Policy M-6. Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City shall forward information regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. Page 10 - Findings and Conclusions ATTACHMENT /'~ FINDING: Page ..U.._ of The City notified Marion County of the proposed annexation by letter in November 1998. The County Public Works Department responded December 13, 1998 for the Land Use and Transportation Divisions. The comments indicated the need for a copy of the Transportation Impact Analysis for Woodburn Company Stores Phases II & III, dated December 1998 which was subsequently provided. In addition the County requested a site plan addressing access, including the abutting property to the west of the subject property. Plan Policy M-7. All land use actions within the urban growth boundary and outside the city limits shall be consistent with the City's Comprehensive Plan and County's land use regulations. The proposed annexation is consistent with the Plan because it is a proposal to permit the urbanization of the subject property, subject to a concurrent Plan map amendment. There are no County regulations that preclude the proposed annexation. Plan Policy M-11. Conversion of land within the boundary to urban uses be based on consideration of [the following five (5) factors]: ao Orderly, economic provision of public facilities and services; All the public facilities necessary to develop the abutting property for the same use have been provided. Access to these public facilities therefore only requires minor extensions. Availability of sufficient land for the various uses to ensure choices in the marketplace; The proposed annexation is required to provide the opportunity for future expansion of a specific regional commercial use in the only site within the City that is appropriate. c. LCDC Goals; The LCDC Statewide Goals are addressed above. IOA Page 11 - Findings and Conclusions pATAC~M ENT /~ ge~~- of ~'oa '4 Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and As a site to expand a specific existing use there are no in-fill locations that are suitable for this purpose. Applicable provision of the Marion County and City comprehensive plans. The proposed annexation is found to be consistent with the applicable portions of the Woodburn Comprehensive Plan as indicated in section V.D. The proposal is consistent with the Marion County Comprehensive Plan in that the County Plan establishes the Urban Growth Boundary as the area specifically set aside for urbanization after annexation to the City. d. Transportation System Plan · Functional Classification of Streets. The proposed Plan amendment does not warrant any change in the functional classifieafion of streets as shown on TSP Figure 29. TSP Figure 29 indicates a potential street connection along the north boundary of the subject property. Marion County has also indicated this need (Attachment A). The appropriate facility to fulfill this need will be addressed at the time of site plan review for Phases H and III. · Improvement Projects. Development of a commercial use will cause the need for transportation facility improvements as described in the TIA. These improvements are consistent with those described in the TSP. B. Comprehensive Plan Map Amendment Page 12 - Findings and Conclusions IOA ATTACHMENT., Page /-% of ~,~ (1) Proposal. The proposal is to change the Plan map designation for this site from "High Density Residential" to "Commercial." (2) Relevant Approval Criteria. Plan Amendment Criteria, Woodburn Zoning Ordinance, Section 16.050: "a. Compliance with Statewide Goals. "b. Compliance with Woodburn Comprehensive Plan Goals and Policies". "c. Demonstrated Public Need for the Plan Map Amendment. "d. Proposal Best Satisfies the Need. Burden of Proof, Woodbum Zoning Ordinance, Section 16.080Co) · Compliance with Statewide Planning Goals. The findings regarding compliance with applicable statewide planning goals are found above and are expressly incorporated herein by reference. · Compliance with W00dburn Comprehensive Plan Goals and Policies. The findings regarding compliance with applicable Woodburn Comprehensive Plan Goals and Policies are found above and are expressly incorporated herein by reference. · Demonstrated Public Need for the Plan Map Amendment. The proposed change in the Plan map from "High Density Residential" fulfills a demonstrated public need. It represents a change from the way the Plan was originally mapped but was accounted for in the goals and policies of Plan. Consistency with the intent of the Plan demonstrates that the public need is served by the change. As time passes, there is a public need to weigh issues and opportunities and recognize that incremental changes to the Plan map benefit the community. In this instance, there is demonstrated public need to accommodate an opportunity to IOA Page 13 - Findings and Conclusions ATTACHMENT Page /? of IOA strengthen the economy, consistent with Goal 9. Goal 9 states that the Plan shall provide for at least an adequate supply of sites of suitable sizes, types, location and service levels for a variety of commercial uses consistent with plan policies. Currently the Plan is lacking a adequate supply of suitably located property that can be used to bolster the regional shopping function at the Woodburn Interchange. The subject change is needed to achieve the full potential of the interchange, particularly the existing factory outlet center. The public need is served by expanded employment opportunities and desirable mix of land uses for a freestanding community. The Statewide Guidelines for Economic Development address the public's need to accommodate expansion of commercial use. The Statewide Guidelines state that: "Plans should strongly emphasize the expansion of and increased productivity from existing firms as a means to strengthen local and regional economic development". The subject change in the Plan designation is needed to be consistent with this guideline. The Plan change augments the supply of suitable sites. The proposal is the only available site that not only accounts for market forces, market location, and key public facilities, but that is readily adaptable to expansion of the existing mall layout. The, proposal maximizes the use of the existing facilities and the location advantages provided by freeway visibility and access and complementary commercial uses. The proposal is consistent with the Woodburn commercial land use policies. Pan of the public need is to exercise the Plan in away that recognizes change and positive growth opportunities that build a strong, liveable community. The proposal is consistent with the Plan. This consistency is demonstrated in section V.D. above. Key considerations in reviewing the need for the change include the fact that it concentrates commercial activity in a priority commercial area. Concentrating commercial provides the benefit of cumulative attraction which in turn enhances market share and reduces overall shopping trips. And significantly, the map change takes advantage of existing public and private investment. · Proposal Best Satisfies the Need. The need for additional commercial land to support the expansion of the existing factory outlet center is best served by this property. This reinforces the policy of concentrating commercial development. It strengthens the shopping pattern for existing commercial uses and avoids the proliferation of commercial uses in a dispersed pattern that lacks the mutual support of like uses. In this specific instance a commitment has already been made in this location to Page 14 - Findings and Conclusions ATTACHMENT Page /~ of establish a special shopping area that serves a regional market area. This is the only location in Woodburn that has the visibility, the access and an existing commercial use of this type. The subject property is the only site within the community that can accommodate the expansion of the existing factory outlet center. The previous actions by the City in 1992 and 1998 clearly have set the stage that there is a community need for this type of commercial use. Based on the public and private commitments and investments, the location characteristics and the conformance with commercial land use policy the subject property best satisfies the need for the expansion of the factory outlet center. · Burden of Proof. (I) first criterion is to prove that the original Plan was in error. Conditions have changed since the Comprehensive Plan was originally drafted and first adopted in 1978. In that context there are errors in the forecasts as well as the assumptions about the composition of uses in land use categories. Such errors reflect changes in circumstance that warrant amending the Plan map. The second criterion requires showing how the community has changed since the original Plan was adopted The 1992 and 1998 decisions to approve the site for the retail center found that the actual population growth in Woodburn substantially exceeded the population forecast used to formulate the original Plan. This increased rate of population is found to demonstrate a change for the predicted patterns of growth since those apparent when the Plan was adopted. The findings of the previous decision also describe how multi-family land needs were over estimated in the original plan and that the interchange location is a less than optimum location for a large concentration of multi-family residential use. Present circumstances confirm that finding. In addition, the exposure and access provided by the interchange location has resulted in the development of the factory outlet retail center, a use which has a regional market. Commercial development with a regional market was not anticipated or accounted for in the original plan. The commercial activity with this broad market does not supplant local commercial uses but rather adds to the commercial land needs of the City. 10A Page 15 - Findings and Conclusions ATTACHMI~N~ '~ Page /C., of ~ (iii) The ordinance provides the alternative to address either the second or third criterion. Having addressed the second criterion, above there is no requirement.to address the third criterion. C. ZonlnR Map Amendment. (1) Relevant Approval Criteria. Initiation of a Zone Change by Petition, Woodburn Zoning Ordinance, Section 15.030 · Burden of Proof, Woodburn Zoning Ordinance, Section 16.080Co) · Woodburn Comprehensive Plan Goals and Policies (2) Woodburn Comprehensive Plan Goals and Policies. Findings on these criteria are addressed in above, and are incorporation herein by reference. The City Council finds that the Commercial Plan map designations implemented by the CR zoning district. D. Response to Issues Raised by the Oregon Department of Transportation. The Oregon Department of Transportation ("ODOT") submitted two letters into the record dated February 4, 1999 and May 5, 1999. The May 5, 1999 letter states that it is intended to update comments contained in the February 4, 1999 letter. This portion of the decision responds to issues raised by ODOT. As noted with respect to Goal 2, the City is required to give notice of this application to ODOT, to allow ODOT an opportunity to comment on the application and to consider the comments as much as possible. The City is not required, however, to agree with all of ODOT's comments or to adopt them. (1) The City Council finds that the I-5/Highway 214/219 Interchange will be improved with sufficient capacity consistent with the adopted City of Woodburn Transportation System Plan CTSP"). ODOT argues that the applicant's transportation impact study ("TIS") is flawed because it is: "Based on the assumption that a major improvement to the I-5 Interchange will be completed. Such an improvement is not, however, included in the City's TSP or the Woodburn Comprehensive Plan. In fact, the TSP contains Goal 2, Policy 2, which states: "Develop a strategy for providing improved access to I-5 10A Page 16 - Findings and Conclusions ATTACHMENT [~ Page 1"7 of ~-.~ from the Woodburn area, through either improvements of the existing Highway 214 Interchange and/or a new interchange in the Woodburn vicinity (with supporting local roadway improvements). This strategy will be developed following a refinement study as outlined in the Transportation Planning Rule." The City Council finds that the applicant has satisfied OAR 660-12-060(1) because the application has no present "significant affect" on a transportation facility. Further, the administrative rule provides that the City may approve the application subject to conditions of approval which mitigate a significant affect. The City Council finds that Condition IV-6, requiring that the traffic mitigation issues by addressed by the City at the time of site plan review, serves to mitigate any potential significant affect. The City Council finds that the applicant's TIS demonstrates that the application will not have a significant affect on the transportation facility identified as the I- 5/Highway 214/219 Interchange. Table 4 of the TIS prepared by Kittelson & Associates, Inc. ("KAl") shows that in the year 2001, 1-5 will operate during a Friday p.m. peak hour at level of service ("LOS") "C" or better, with minor improvements. TIS at pages 24-25. TIS Table 5 shows that in the year 2003, the interchange will operate at LOS "D" or better. The City Council finds nothing in the TPR requires it to look at the year 2015. In order to determine whether the application has a present significant affect on the application, the City Council finds that Tables 4 and 5 demonstrate that the application will cause the interchange to operate at acceptable LOS through at least the next four (4) years. IOA In the whereas clauses adopted by the City Council for the TSP, a number of findings demonstrate that the TSP, with its required refinement study, will satisfy the capacity requirements of the TPR at this interchange. The City Council notes that neither ODOT nor the Oregon Department of Land Conservation and Development ("DLCD") appealed the City Council's adoption of its TSP. One whereas clause adopted by the City Council for the TSP found: "The City Council finds that the transportation system plan adopted herein complies with OAR 660-12-060(1)(b) for the affected transportation facilities, including but not limited to the Highway 214/1-5 Interchange/Parr Road area." Further, incorporated in the staff report for the TSP were several findings relevant to the TPR. The City Council adopted findings regarding OAR 660-12-025(I). This section of the TPR provides "except as provided in Section (3) in this rule, adoption of a TSP shall constitute the land use decision regarding the need for transportation facilities, services and Page 17 - Findings and Conclusions ATTACI'~MENT ,~'~ Page 10A major improvements in their function, mode and general location." Section (3) of the administrative rule provides that a local government may defer decisions regarding function, general location and mode of a refinement plan if the necessary findings are adopted. Pursuant to the administrative rule, the city did defer certain significant decisions. The City decided to defer the decision regarding the mode of imProvements to the existing I-5 interchange and make this decision after completion of a refinement plan. Three options were evaluated in the TSP but there are other potential alternatives. The information as to mode of interchange improvement could not be arrived at because Marion County had not completed its plan and further evaluation of the area was needed. However, the city's deferral did not invalidate any of the TSP assumptions because the need for an interchange improvement will still be addressed and local improvements to aid traffic flow will still be addressed. Delay of this decision did not, and should not, preclude implementation of the remainder of the TSP and consideration of the present application. The result of the refinement study, which will include a detailed, technical evaluation of the three current alternatives, plus others, will be an interchange alternative which is precisely defined. Additionally, the City Council found that the TSP satisfied OAR 660-12-030. The City Council found: "The TSP identifies the City's transportation needs including those of the transportation disadvantaged, and support of industrial and commercial development. These needs were based on a 20-year forecast in population and employment within the acknowledged comprehensive plan." Further, the City Council adopted findings regarding OAR 660-12-060(1). The City Council found: "That the transportation system plan adopted here complies with OAR 660-12-060(1)(b) for the affected transportation facility, including but not limited to the Highway 214/I-5 Interchange/Parr Road area." The TSP adopted by the City Council adopted three (3) 1-5 access alternatives (see TSP at page 1). The TSP states: "An element of the TSP is an improvement to existing I-5/214 Interchange" and "a reconfigurafion of the interchanges proposed." (TSP at page 89.) The City Council also notes that Table 6 (TSP at page 41) shows that at least one of the options (the two interchange options) would result in LOS "D" or better in the year 2015. The TSP contains a section entitled "Required Street Upgrades." The portion of this section dealing with freeways states: "In the longer-term, reconfiguration of the interchange is proposed. A specific improvement (improve existing interchange, split diamond interchange or second interchange at Butteville Road) will be identified through a follow-up interchange Page 18 - Findings and Conclusions ATTAC~M ENT /"Jo Page refinement study of the TSP." (TSP at page 89.) The City Council finds that while it has not completed the refinement study, it is unnecessary to do so in order for it to determine that OAR 660-12-060(1)0a) is satisfied for the purposes of granting this application. With the TSP and required refinement study, a solution to the long-term capacity needs of the interchange will.be provided. In fact, the TSP transportation financing plan contains a proposed roadway system capacity improvement for the 1-5 interchange. (See TSP at page 115; Table 17.) Thus, not only has the City Council determined to improve the interchange, it has provided some estimated costs for the improvement in the TSP long-term financing plan. The City Council finds that it need not complete the ref'mement study prior to this application. Because the TSP is part of the City's acknowledged plan and because the TSP states that a solution will be identified, the TSP has determined that the interchange will be upgraded. The City Council finds that under Goal 2, Policy 2 of the TSP a strategy will be developed following a refinement study as outlined in the TPR. OAR 660-12-025(3)(c) says that deferral of a solution to a refinement plan is allowed if it does not invalidate the TSP. In this case, the refinement plan carries out the TSP's acknowledged strategies without invalidating them. For these reasons, the City Council finds that the lack of refinement study is not an impediment.to a conclusion that the 1-5 has sufficient capacity in the short term, as required by the TPR, and in the long term sufficient capacity will be provided through a solution identified in a refinement study. IOA The City Council declined to impose a condition, which was recommended by the Planning Commission, that traffic impact be determined based upon an additional Traffic Impact Study (TIS) to be paid for and obtained by the applicant. Instead, The City Council imposed a condition that the City address the issue of required traffic impact mitigation at the time of site plan review. (2) The City_ Council finds that KAI's TIS correctly analyzes the level of service at the time of this application. ODOT argued that the TIS does not adequately analyze the plan amendment impacts. ODOT requested that the TIS be revised to reflect a "worst case analysis," meaning an analysis of the highest traffic generating land use permitted in the commercial retail CCR") zoning district. The City Council finds that this issue is not required to be reached because a condition Page 19 - Findings and Conclusions ATTACI;IMENT /~ Page o,~ of ~-o5/ 10A of approval requires that the site be limited to a factory outlet center. This is consistent with the City Council's 1992 and 1998 decisions regarding Phase I of the Woodburn Company Stores. Thus, a worst case scenario for the highest traffic generator in the CR zoning district is unnecessary since, in the event the Woodburn Company Stores Phase II and III is not constructed, the property owner will be required to amend this condition of approval which will require an amendment to this decision. (3) OAR 660-12-045 is ~r can be satisfied. ODOT argues that because the City of Woodburn has not implemented the requirements of OAR 660-12-055(2), that it must address the applicable provisions of OAR 660-12-045(3),(4)(a)-(e) and (5)(d). The City Council agrees with ODOT. · OAR 660-12-045(3)(a). This section requires bicycle parking facilities as part of new retail developments. The City Council finds that it is feasible, at the site development review stage, for the application to provide bicycle parking given the size of the facility (8.0 acres). The finding of feasibility is based on the similar Phase I development. · OAR 660-12-045(3)(b). This criterion requires on-site facilities accommodating safe and convenient pedestrian and bicycle access within new shopping centers to adjacent residential areas and transit stops. It also requires that pedestrian circulation through parking lots generally be provided in the form of access ways. The City Council finds that it is feasible to satisfy this requirement. As with bicycle parking facilities, Phase I of the Woodburn Company Stores has demonstrated that it is feasible to meet both of these requirements. Therefore, the City Council finds that this criterion can be satisfied. · OAR 660-12-045(3)(c). The City Council finds that it is feasible to require off-site road improvements that would include facilities accommodating convenient pedestrian and bicycle travel. The City Council has required the applicant, in the approval of Phase I of Woodburn Company Stores, to provide a bicycle lane and sidewalks along Arney Road. · OAR 660-12-045(3)(e). This criterion requires that internal pedestrian circulation within commercial developments be provided through the location of buildings, construction of accessways, Page 20 - Findings and Conclusions IOA ATTACHMENT Page ,-~1 of walkways and similar techniques. The City Council finds that because the applicant satisfied this requirement in Phase I, it is feasible to satisfy this requirement in Phases II and III. · OAR 660-12-045(4)(a). The City Council finds that it is feasible to require this applicant to provide transit facilities designed to support transit use through the provision of bus stops, pullouts and shelters, optimum road geometrics, on-road parking restrictions and similar facilities as appropriate. · OAR 660-12-045(4)C0). This criterion requires that retail development at or near major transit stops provide for convenient pedestrian access to the transit stop. The City Council finds that there is no major transit stop as that term is defined near this. site. · OAR 660-12-045(4)(c). The City Council finds that this criterion is inapplicable since a pedestrian district has not been established in this area. · OAR 660-12-045(4)(d). The City Council finds that it is feasible to require employee parking in Phases II and II1 to provide for preferential car pool and van pool parking. The City Council makes this finding based on its approval of Phase I. · OAR 660-12-045(4)(e). This criterion is inapplicable since it applies to existing development. · OAR 660-12-045(5)(d). The City Council finds that it is feasible to satisfy this criterion by providing a transit stop along Amey Road or providing a connection to a transit stop if the transit operator requires such an improvement. The City Council makes this finding based on its approval of Phase I of Woodbum Company Stores. For these reasons, the City Council finds that the issues raised by ODOT have been satisfied and are not a basis for denial of this application. Response tO issues raised by Department of Land Conservation and Development in March 22, 1999 Letter, Page 21 - Findings and Conclusions ATTACHMENT.,, Page ~3. of ~- 10A (1) Statewide Planning Goal 10. "Housine". Is DLCD argues that the City must adopt an updated buildable lands needs analysis to satisfy Goal I0. Only at that point, DLCD suggests, is it possible for the City to assess whether conversion of 8.0 acres from a multi-family designation to a commercial designation satisfies Goal 10. The City Council rejects this argument. This application is subject to compliance with the Goals and the acknowledged Plan. ORS 197.175(2). Goal 10 simply requires the City to provide for housing needs. The City has done this. The findings at the outset of this decision state the housing needs of the City of Woodburn have been satisfied through the year 2014. The acknowledged Plan states that there are 688 acres of high density residential designation. Of this, 57 acres are undeveloped and 188 acres are underdeveloped. (Plan at pages 15 and 16.) The Plan further notes that the City has 238 surplus acres designated for multi-family land uses. (Plan at page 38.) This allows, at 12 dwelling units per acre, an additional 2,353 dwelling units. (Id.) Table 9 of the Plan at page 39 shows that the City has a surplus of 1,305 multi-family dwelling units through the year 2014. The Council notes that the Plan has recently been amended in March 1996 and in August 1997. Moreover, assuming that this eight (8.0) acres can accommodate twice the 12 dwelling units per acre figure, this area would accommodate 192 dwelling units. Removal of this site from the High Density Residential designation would still leave 1,013 surplus multi-family dwelling units by the year 2014. The City Council finds that the acknowledged Plan's determination of a surplus of multi-family housing units is a sufficient basis for it to determine that this application will allow the City to continue to meet the housing needs of its citizens. There is no legal requirement that the City defer this determination until the periodic review is completed as suggested by DLCD..DLCD's assertion that the City's acknowledged Plan contains an "out- of-date buildable lands inventory" does not mean that the City cannot rely on its acknowledged Plan. (2) Statewide Planning Goal 9 Is Satisfied. DLCD argues that the City must satisfy the administrative rule implementing Statewide Planning Goal 9; OAR Chapter 660, Division 9. The City Council finds that this administrative rule applies only at periodic review. OAR 660-09-10(2). However, assuming that the administrative rule applies to non-periodic review decisions, the City Council finds, as it did in 1992 and in 1998 that this application satisfies the administrative rule for the following reasons. Page 22 - Findings and Conclusions ATTACHMENT ~ Page ~ of ~,-,/ 10A First, this application results in eight (8.0) acres of commercial development which will increase the amount of the City's property taxes. Increased property taxes provide additional revenue to the City. Secondly, an eight (8.0) acre commercial development provides additional jobs for city and area residents. Finally, consistent with the Plan, approval of this application further encourages the development of the I-5 commercial area. The acknowledged plan has long anticipated that this area will be developed for commercial uses. (3) The City Ha~ Coordinated with ODOT. DLCD and Marion County. DLCD argues that ORS 197.015 provides that a Plan is coordinated when the needs of all levels of government have been considered and accommodated as much as possible. DLCD argues that ODOT's needs have not been satisfied since that agency requested a refinement study. For the reasons described above, the City Council finds that a refinement study is not necessary now. Moreover, the City Council has considered ODOT's request that a refinement study be prepared before this application is approved but has rejected this request as explained above. Nothing requires the City Council to agree with ODOT in order to satisfy its coordination requirement under state law. Finally, DLCD suggests that the City ought to defer this decision until the City's periodic review has been completed. However, nothing in state law requires deferral of an annexation, plan map amendment or zoning map amendment for completion of a periodic review work task.~ (4) The Application does not Conflict With Periodic Review. The City Council rejects DLCD's argument that the Plan amendment must be deferred until the City has completed its periodic review work tasks. DLCD cites no legal basis for requiring deferral until the periodic review work tasks are satisfied. (5) The City Has Satisfied the 45-Day Post Acknowledgment Amendments. The City caused notice of the February 22, 1999 Planning Commission hearing to be timely mailed prior to that hearing. However, the "final hearing on adoption" of these amendments was the May 10, 1999 City Council hearing. Thus, both ODOT and DLCD had ~ ODOT and DLCD's comments are directed at the comprehensive plan map amendment and not at the annexation or zoning map amendment. Because ODOT and DLCD have not raised an issue with the respect to the annexation, there would be no basis for the Land Use Board of Appeals to remand or reverse the annexation decision. The City Council finds that ODOT and DLCD raised issues related only to the Plan map amendment and not to the annexation amendment. Consistent with ORS 197.763(I), these agencies did not raise issues with sufficient specificity as to the annexation and the zoning map amendment. Page 23 - Findings and Conclusions ATTACHMENT Page ~ of more than 45 days notice of the City's final hearing on adoption which is required by OAR Chapter 660, Division 18. Moreover, to the extent DLCD's comment raises a procedural error, the City Council finds that the agency's substantial right to a full and fair hearing and an opportunity to make its case have not been prejudiced. ODOT and DLCD placed letters into the record and ODOT's representative appeared at the May 10, 1999 City Council heating. Thus, both agencies had a full and fair opportunity to make their case? IV. CONCLUSIONS AND CONDITIONS. The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. (1) The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. (2) The delineation of the wetlands and the required mitigation measures approved by the Division of State Lands shall be required at the time of Site Plan Review. (3) This approval is limited to a factory outlet center. 10A (4) That there be no development of Phase II until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily. (5) That the site plan review application shall satisfy OAR 660-12-045. (6) That the applicant shall not be required to submit an additional traffic impact study but that traffic mitigation shall be addressed at the time of site plan review. 20DOT requested that the City Council record remain open at the May 10, 1999 hearing. ORS 197.763(4)(b) provides that a City Council may continue a hearing when it is not the initial evidentiary hearing. The initial evidentiary hearing in these applications was the February 22, 1999 Planning Commission hearing. The City Council notes that ODOT's representative did not object to the City Council's denial of his request that the record remain open. Page 24 - Findings and Conclusions .!OA 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 43 44 45 46 47 49 50 Exhibit "D" BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON CRAIG REALTY GROUP-WOODBURN, LLC, Petitioner, 02FE8.'Oi ~t'ff1:28 Lt:JBA VS. CITY OF WOODBURN, Respondent. LUBA No. 99-131 OREGON DEPARTMENT OF TRANSPORTATION and DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Petitioners, VS. CITY OF WOODBURN, Respondent. LUBA No. 99-135 FINAL OPINION AND ORDER Appeal from City of Woodbum. Michael C. Robinson, Portland, filed a petition for review and a response brief, and argued on behalf of petitioner Craig Realty Group-Woodbum, LLC. Wi~ of/~' was Stoel Rives LLP. Kathryn A. Lincoln, Assistant Attomey General, Salem and Lynne A. Perry, Assistant.Attorney General, Salem, filed a petition for review and argued on behalf of petitioners Oregon Department of Transportation and Department of Land Conservation and Development. N. Robert Shields, City Attorney, Woodbum, filed a response brief and argued on behalf of respondent. BRIGGS, Board Chair; BASSHAM, Board Member; HOLSTUN, Board Member, participated in the decision. REMANDED 02/02/01 You are entitled to judicial review of this Order. Judicial review is governed by the provisions of ORS 197.850. Page 1 , IOA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Opinion by Briggs. NATURE OF TIlE DECISION In LUBA No. 99-135, petitioners challenge a city decision that approves an expansion of a factory outlet center. In LUBA No. 99-131, petitioner appeals a condition of approval that is contained in the decision appealed in LUBA No. 99-135. FACTS Petitioner Craig Realty Group-Woodbum, LLC (Craig Realty) first began developing a factory outlet center near the State Highway 214 (Highway 214) and Interstate Highway 5 (1-5) interchange in 1992. The outlet center, as first proposed, included 250,000 square feet of retail space, to be developed in three phases. At that time,-petitioner Oregon Department of Transportation (ODOT) requested that certain conditions be included in the decision that approved the factory outlet center, including a condition that limited access to 1-5. Petitioner Department of Land Conservation and Development (DLCD) also requested that the city include conditions requiring that the city adopt a Transportation System Plan (TSP) before it approved the final phase of the factory outlet center and that the city rezone 27 acres of developable land for high-density residential use. The rezoned 27 acres would replace high- ll~l~il~:e~ide~tial land that was rezoned to commercial uses to accommodate the factory outlet center. The city adopted petitioners' recommendations as conditions of approval for the development. Since the time the original concept was approved, the city has added 30.6 acres of high-density residential zoned land to its buildable land inventory. In addition, in 1996, the city adopted a TSP as part of its comprehensive plan. The area of the I-5/Highway 214 interchange (Woodburn Interchange) is identified in the TSP as a major city and regional transportation facility. The TSP recognizes that the traffic using the interchange will exceed its design capacity in the relatively near future, and proposes three different, mutually exclusive alternatives to address the problem. The TSP also notes that the Woodbum Page 2 IOA 1 Imerehange will be the subject of a future refinement plan to identify the chosen alternative 2 to address the interchange transportation problem. 3 In 1998, Craig Realty proposed to annex the subject eight acres to the city and 4 develop the final phase of the factory outlet center. Petitioner's 1998 proposal included the 5 annexation request, a comprehensive plan map amendment from High Density Residential to 6 Commercial and a corresponding zone change from Urban Transition Farm to Commercial 7 Retail. At the hearings on the applications, ODOT personnel testified that the proposed 8 addition violates Transportation Planning Rule (TPR) requirements. DLCD personnel 9 testified that the proposed amendments and annexation were inconsistent with Statewide 10 Land Use Planning Goals 9 (Economic Development), 10 (Housing) and 12 (Transportation) 11 and failed to address the impact that approval of the application would have on the city's 12 periodic review work program. 13 The city approved the applications, and these appeals followed. 14 LUBA NO. 99-131 :bf· 15 In its appeal, Craig Realty has a single, two-sentence assignment of errqr: 16 "The City's decision imposes a condition of approval requiring an4fidc~tional 17 traffic study. Petitioner disagrees with this condition of approval." Petition for 18 Review 2. 19 The city's decision does not impose an additional traffic study as a condition of 20 approval. Petitioner's argument provides no basis for reversal or remand. 21 Craig Realty's assignment of error is denied. 22 LUBA NO. 99-135 23 Petitioners ODOT and DLCD submitted a joint petition for review in LUBA No. 99- 24 135. The city and Craig Realty each submitted a response brief.~ Where it is appropriate we 25 refer to the city and Craig Realty jointly as respondents. IBecause no party questions whether petitioner Craig Realty may properly file a response brief in LUBA No. 99-135, without filing a motion to intervene in the appeal on the side of respondent, we do not consider that question. Page 3 IOA 1 FIRST, SECOND AND THIRD ASSIGNMENTS OF ERROR 2 In the first three assignments of error, petitioners challenge the city's conclusions that 3 the proposed expansion will not "significantly affect" a transportation facility, as that term is 4 used in OAR 660-012-0060(1) and (2).2 According to petitioners, the rule requires that the 5 city analyze the impact of the proposed amendments over the planning period of the TSP, and 6 if the impacts are analyzed in that manner, the challenged decision will significantly affect 7 the Woodburn Interchange. Petitioners also argue that the city cannot rely on its TSP to 8 approve the expansion, because the TSP defers to an unadopted refinement plan to select the 9 solution to the transportation problems associated with the Woodburn Interchange. 2OAR 660-012-0060(1X 1998) provides: "Amendments to functional plans, acknowledged comprehensive plans, and land USe regulations which significantly affect a Wansportatiou facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This ,r~hall be accomplished by either: "(a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; "Co) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or "(c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes." OAR 660-012-0060(2X1998) provides: "A plan or land use regulation amendment significantly affects a transportation facility 'if it: "(a) Changes the functional classification of an existing or planned transportation facility; "Co) Changes standards implementing a functional classification system; "(c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or "(d) Would reduce thc level of service of thc facility below thc minimum acceptable level identified in thc TSP." Page 4 10A 1 A. Introduction 2 Under the TP1L the TSP is the city's plan for ensuring that its existing transportation 3 facilities will be improved or supplemented to allow them to operate at an acceptable level of 4 service throughout a 20-year planning period. OAR 660-012-0015(3) and (4); OAR 660-012- 5 0030(3). For the City of Woodbum, the TSP is based on the comprehensive planning and 6 zoning that was in effect in 1995, when the TSP was first developed, and is intended to 7 address transportation needs to 2015. City of Woodburn Transportation System Plan 1. 8 Where a local government changes the planning and zoning upon which the TSP was based, 9 it must ensure that the amendments comply with OAR 660-012-0060. An amendment 10 complies with OAR 660-012-0060 where it does not "significantly affect" a transportation 11 .facility in any of the ways described in OAR 660-012-0060(2) or, if it does significantly 12 affect a facility, where the local government takes one or more of the steps prescribed in 13 OAR 660-012-0060(1). 14 In the present case, the relevant inquiry under OAR 660-012-0060(2) is whether the 15 proposed amendment "would reduce the level of service of the facility below the minimum 16 acceptable level identified in the TSP." The city must first determine whether the city's 17 existing transportation facilities are adequate to handle, throughout the relevant planning 18 period, any additional traffic that the proposed amendment will generate. If the answer to that 19 question is yes, then the proposed amendment .will not significantly affect a transportation 20 facility for the purposes of OAR 660-012-0060(1), and no further analysis is necessary. If the 21 answer is no, then the city must consider whether any new and improved facilities anticipated 22 by the TSP will generate sufficient additional capacity, and will be built or improved on a 23 schedule that will accommodate the additional traffic that will be generated by the proposed 24 amendment. If the answer to that question is yes, then, again, the proposal will not 25 significantly affect a transportation facility. If, however, the answer is no, then the city must 26 adopt one or more of the strategies set out in OAR 660-012-0060(1) to make the proposed Page 5 IOA 1 amendment consistent with "the identified function, capacity and level of service of the 2 [affected] facility." 3 B. The City's Decision 4 1. Effect of the Proposed Amendment Over the Planning Period 5 The city's decision takes the position that OAR 660-012-0060(2) does not require 6 more than a determination that the proposal currently does not significantly affect a 7 transportation facility. As we explained above, this position is inconsistent with the 8 framework for transportation planning set out in the TPR. Under respondents' reading of 9 OAR 660-012-0060, the facilities that are identified in the TSP and intended to be adequate 10 to ensure that desired service levels will be maintained throughout the planning period could 11 quickly be rendered inadequate by a series of amendments that, viewed individually, might 12 not have the immediate effect of making any existing facilities fail. Requiring that the 13 . questions posed by OAR 660-012,0060(2) be asked and answered for the' TSP planning 14 period avoids that result and is consistent with the language of the rule. 15 2. The City's Determination of"No Significant Effect" 16 In their third assignment of error, petitioners argue that the city failed to determine 17 whether the proposed expansion-would significantly-affect a transportation facility. 18 According to petitioners, the city relies on unspecified mitigation measures to conclude that 19 the proposal will not significantly affect a transportation facility. In doing so, petitioners 20 contend, the city failed to follow the process set out in OAR 660-012-0060(1) and (2), which 21 requires a determination of significance prior to the consideration of mitigation measures 22 outlined in OAR 660-012-0060(I) to address those impacts. See n 2. 23 As we stated in DLCD v. City of Warrenton, 37 Or LUBA 933,941-42 (2000): 24 "* * * OAR 660-012-0060(1) and (2) contemplate that mitigation necessary to 25 ensure that land uses allowed by amendments remain consistent with a 26 facility's function, capacity and performance standards is considered once the 27 local government has determined that the amendment significantly affects that 28 facility. It is inconsistent with that scheme to consider such mitigation as a Page 6 10A 1 means of avoiding the conclusion that an amendment significantly affects a 2 transportation facility." 3 In the present ease, the city's findings state: 4 "The City Council finds that the applicant's [Transportation Impact Study 5 (TIS)] demonstrates that the application will not have a significant [e]ffect on 6 the transportation facility identified as the I-5/Highway 214/[Highway] 219 7 Interchange. Table 4 of the TIS prepared by Kittelson and Associates * * * 8 shows that in the year 2001, I-5 will operate during a Friday p.m. peak hour at 9 level of service ('LOS') 'C' or better, with minor improvements. * * * TIS 10 Table 5 shows that in the year 2003, the interchange will operate at LOS 'D' 11 or better. * * * In order to determine whether the application has a present 12 significant [e]ffect * * * the City Council f'mds that Tables 4 and 5 13 demonstrate that the application will cause the interchange to operate at 14 acceptable LOS through at least the next four (4) years." Record 21. 15 "The City Council declined to impose a condition, which was recommended 16 by the Planning Commission, that traffic impact be determined based upon an 17 additional [TIS] to be paid for and obtained by the applicant. Instead, the City 18 Council imposed a condition that the City address the issue of required traffic 19 impact mitigation at the time of site plan review." Record 23. 20 We cannot tell from the city's findings whether the city determined that (1) the 21 proposed development will not have a significant impact on transportation facilities; (2) the 22 proposed development will have a significant impact, but that impact will be minimized by 23 mitigation measures to be imposed on the development; or (3) it is appropriate to defer its 24 determination of traffic impact to the site plan review stage. 25 3. Design Alternatives and Refinement Plans 26 Contrary to petitioners' arguments, we believe the city may use its existing TSP to 27 determine whether the proposed expansion will significantly affect a transportation facility, 28 and may rely on the anticipated increase in capacity at the Woodburn Interchange to 29 accommodate additional trips generated by the proposal. OAR 660-012-0025(3) permits a 30 local government to defer decisions regarding "function, general location and mode [to] a 31 refinement plan," provided the city adopts findings which: 32 "(a) Identify the transportation need for which decisions regarding 33 function, general location or mode are being deferred; Page 7 10A I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "(b) Demonstrate why information required to make final determinations regarding function, general location, or mode cannot reasonably be made available within the time allowed for preparation of the TSP; "(c) Explain how deferral does not invalidate the assumptions upon which the TSP is based or preclude implementation of the remainder of the TSP; "(d) Describe the nature of the findings which will be needed to resolve issues deferred to a refmement plan; and "(e) Demonstrate ~at ~e refme~m_ent effort will be completed within three years or prior to initiation ot the periodic review followin ado tion of the TSP." g P The city adopted the required findings in its ordinance approving the TSP. Those findings specify four alternative improvements, any one of which will solve anticipated capacity problems at the Woodbum Interchange. Presumably, at the time the.city's TSP was established, the city had the requisite information to identify the problems that were likely to occur at the intersection over the 20-year planning period, including projected vehicle trips, and used that information to develop alternatives that would address those problems. If that is the case, then nothing precludes the city from considering whether one of' the four TSP alternatives will be sufficient to accommodate the unanticipated additional vehicle trips that will be generated by the challenged decision without causing a decrease in the applicable level of service. If, however, the four alternatives identified in the TSP will not provide sufficient capacity to accommodate those additional vehicle trips, then the city must adopt one or more of the measures Prescribed in OAR 660-012-0060(1). Neither party points to evidence in the record to show whether the city reviewed the TIS and the TSP to determine whether the proposed amendment will generate additional traffic that, when viewed with additional traffic that is expected during the TSP planning period, will exceed the capacity that the alternatives contemplated in the TSP will provide. As explained above, the city failed to address the correct planning period in applying OAR 660-012-0060. In addition, it is not clear to us whether the city is improperly relying on unspecified future mitigation to avoid applying OAR 660-012-0060(1 ). Page 8 " 10A 1 The first assignment of error is sustained, in part. The second and third assignments 2 of error are sustained. 3 FIFTH ASSIGNMENT OF ERROR 4 Petitioners challenge the city's conclusion that the proposal will satisfy Goal l0 and 5 the administrative rules implementing Goal 10.3 6 A. Consistency with Goal 10 7 In their first subassignment of error, petitioners argue the city's homing inventory is 8 outdated and should not be used to evaluate whether the proposed amendments are consistent 9 with Goal 10. Petitioners contend that the housing inventory in the city's comprehensive plan l0 fails to provide an adequate projection of housing needs based on the anticipated financial 11 capabilities of its citizens. Petitioners fixaher contend that the city's findings rely on a 12 definition of "redevelopment" contained in the city's plan that is substantially broader than 13 that found in the Goal l'0 rules, and therefore the city cannot rely on projeeti°ns for 14 redevelopment densities-to establish that the proposed amendments will not affect the city's 15 compliance with Goal 10ft According to petitioners, there is no evidence in the record to 16 demonstrate that the land the city assumes will be developed at multi-family densities is 17 actually likely to be so developed.~ Petitioners also argue that the city fails to demonstrate 18 that it will continue to comply with Goal l0 after the challenged decision,-because the 3Goal 10 requires that local governments adopt plans that "provide for the housing needs of citizens of the state." 4Respondents argue that petitioners failed to raise arguments below regarding compliance with the Goal 10 rule. At Record 136, DLCD staff provided testimony that questions whether the city's existing plan sufficiently complied with Goal 10. In that testimony, DLCD opined that the city would have to adopt a buildable lands inventory that complies with Goal 10. Since the requirements for a buildable lands inventory are contained in the Goal 10 rule, we believe the issue was raised with sufficient specificity to afford the city an opportunity to respond. SOAR 660-008-0005(12), the administrative rule in question, defines "redevelopable land" as "land zoned for residential use on which development has already occurred but on which, duc to present or expected market forces, there exists the strong likelihood that existing development will be converted to more intensive residential uses during the planning period." Page 9 1 decision fails to consider any post-acknowledgement plan amendments that may have already 2 affected the supply of developable multi-family residential land. Petitioners contend that it is 3 error to rely on an outdated document, without assessing the impact subsequent decisions 4 may have on the inventory. 5 We disagree with petitioners that the city cannot rely on assumptions and data 6 provided for in its acknowledged plan in order to determine that the proposed amendments 7 are consistent with goal provisions. Indeed, it must do so. In D.$. Parklane Development, Inc. 8 v. Metro, 165 Or App 1, 22, 994 P2d 1205 (2000), the Court of Appeals interpreted Statewide 9 Planning Goal 2 (Land Use Planning) to require that land use actions be consistent with 10 comprehensive plans and that those comprehensive plans be the basis for specific 11 implementation measures. The court concluded that Metro could not rely on a draft report 12 that calculated land needed to be included in urban reserves because that draft report was not 13 related to or incorporated into an applicable planning document. As a result, Metro was 14 required to either use population and land need projections included in its acknowledged 15 planning documents, or amend its acknowledged planning documents to incorporate the draft 16 report before relying on that report as a basis for designating urban reserve areas. 17 We believe a similar principle applies here. Based on the population projections and 18 the supply of buildable land designated for multi-family development in its acknowledged 19 comprehensive plan, the city .found that rezoning the subject property to allow for 20 commercial uses would not result in a violation of Goal 10. That conclusion is based on the 21 city's finding that the supply of land designated for multi-family residential use is more than 22 adequate to meet projected needs.6 10A 6The city's findings regarding Goal l0 state: "The City of Woodburn has provided for a variety of housing types and densities in its [Comprehensive] Plan and implementing ordinances, consistent with the Guidelines for Implementing Goal [!0]. The available inventory of residential land within the [urban growth boundary (UGB)] exceeds the amount needed to serve future population needs. Page I0 IOA I With respect to petitioners' argument that the city should have considered plan 2 amendments that affected the amount of land designated for multi-family housing, 3 respondents explain that the only post-1994 rezoning decision involving the city's multi- 4 family housing inventory was the city's decision to rezone 30.6 acres of land to multi-family 5 use, as a result of the city's 1992 approval of the fLrst phase of the factory outlet center 6 development. 7 We agree with respondents that the evidence in the record is adequate to show that 8 recent amendments have not decreased the multi-family land supply so as to implicate the 9 city's compliance with Goal 10. Petitioners' first subassignment of error is denied. 10 B. Inadequate Findings and Lack of Substantial Evidence 11 Petitioners' remaining two subassignments of error are premised on their belief that 12 the city may not use the provisions of its acknowledged plan to determine that the challenged "As documented on Page 39 of the Plan, there is sufficient land designated for residential use in the Plan to acconunodate a population of 28,000, plus a surplus that includes approximately 100 acres of both the Low Density and High Density Plan designations. This analysis is based on the carrying capacity of the two (2) residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is six (6) dwelling units per gross acre. The capacity of the High Density designation is conservatively indexc ~ at a dcnsity of twelve (I 2) units I~. . :ess acre, where the corresponding zoning allows densities ranging up to twenty-five (23) dwelling units per gross acre." Record 39-40. "This application is subject to compliance with the Goals and the acknowledged Plan. ORS 197.175(2). Goal 10 simply requires the City to provide for housing needs. The City has done this. The findings at the outset of this decision state the housing needs of the City of Woodburn have been satisfied through the year 2014. The acknowledged Plan states that there are 688 acres of high density residential designation. Of this, 57 acres are undeveloped and 188 acres are underdeveloped. (Plan at pages 15 and 16.) "The Plan further notes that the City has 238 surplus acres designated for multi-family land uses. (Plan at page 38.) This allows, at 12 dwelling units per acre, an additional 2,353 dwelling units. (Id.) Table 9 of the Plan at page 39 shows that the City has a surplus of 1,305 multi-family dwelling units through the year 2014. * * * "Moreover, assuming that [these] eight (8.0) acres can accommodate twice the 12 dwelling units per acre figure, this area would accommodate 192 dwelling units. Removal of this site from the High Density Residential designation would still leave 1,013 surplus multi-family dwelling units by the year 2014. "The City Council finds that the acknowledged Plan's determination of a surplus of multi- family housing units is a sufficient basis for it to determine that this application will allow the City to continue to meet the housing needs of its citizens. * * *" Record 55. Page I 1 1 decision is consistent with Goal 10 and that no reasonable p~rson would use outdated 2 information when a new inventory is being developed. For the reasons explained in our 3 discussion of the first subassignment of error, we disagree with that premise. The findings 4 adequately describe the relevant provisions of the comprehensive plan, and explain why the 5 city believes it has an adequate inventory of multi-family designated land, and those findings 6 are supported by substantial evidence. 7 The second and third subassignments of error are denied. 8 The fifth assignment of error is denied. 9 The city's decision is remanded.7 IOA ?At oral argument, petitioners withdrew their fourth assignment of error. Therefore, we do not address it. Page 12 04/05/01 TItI. T 12:02 FAX 503 986 2840 0DOT REGION 2 'O--r- -gon John ^. Kitzhabcr, M.D., Governor April 5, 2001 IOA Department of Transportation Region 2 455 Airport Rd. SE, 81dg B Salem OR 97301-5395 (503) 986-2600 FAX (503) 986-2630 FILE CODE: Mr. Jim Mulder, Community Development Director City of Woodburn 270 Mon~jomery Street Woodburn, OR 97071 SUB3ECT: Remand Hearing - Annexation 98-03, Comprehensive Plan Map Amendment 98-02t Zoning Map Amendment g8-04 (Craig Realty Group- Woodburnf LLC) The Oregon Department of Transportation (ODOT) has received the information submitted to the City on behalf of Craig Realty Group in response to remand of the approval of the subject actions by the Land Use Board of Appeals (LUBA). ODOT staff have reviewed the information submitted including a response to the issues of the LUBA remand prepared by Kittelson and Associates (KAI) dated March 23, 2001. Our response to this information follows. ODOT concurs wib5 the KAl analysis as it evaluates impacts in 2015 at the Woodbum I-5 interchange. Based on the KAt analysis and the LUBA decision, we believe the City should make a finding that the project may have a significant impact in 2015, but that impact is mitigated by proposed projects contained in the TSP. The LUBA decision, however, did not limit itself to significant affects to the I-5 Woodburn Interchange in 2015, as is implied in the KAl analysis. LUBA found that the City's findings were unclear in determining whether significant impacts to "transportation facilities" occurred (Oregon Department of Transportation a.nd Department of Land Conservation and Development vs. City of Woodburn, LUBA No, 99-135, Page 7 beginning at Line 20). While the KAl analysis is generally adequate in its response to issues specifically directed to impacts to the I-5 interchange, assumptions regarding future interchange improvements, and the assessment of impacts in 2015, it does not specifically address interim year impacts and impacts to other "transportation facilities" that serve the project, ODOT contends the project may have a significant impact on l~ansportation facilities and the information in support of that conclusion is contained in the December 1998 Transportation Impact Analysis (TT.A) prepared for the project. In fact, the TIA proposes miUgation measures that are necessary to ensure the transportation system operates at appropriate levels with development of Phase D! of the project. One of these measures, phased development of an eastbound to southbound dedicated right-turn lane on OR 219 to the southbound [-5 on-ramp, is already in place. rn~nn 734.1867A (?.-99) I~ mr. 3tm Nulder O'ty of Woodburn IOA A second measure, construction of a dedicated right-turn lane on westbound OR 214 to the northbound I-5 on-ramp, is identified as project mitigation in the 2003 analysis for Phase [I! of the project. According to the TIA, at page 38, this improvement is recommended to provide the required volume to capacity ratio. This improvement has not been identified in the City's TSP. We believe it necessary this identified mitigation measure is Included in the project approval, consistent with the requirement of the Transportation Planning Rule. This condusion is supported by the KAI analysis at Page 5: "The inter/m /nterchange improvements that are described/n the December 1998 ~ which the Ob/should cond/tion of b~ proposed development ~411 ensure that traffic operab'ons standards are met in the short berm. ~ ODOT believes the mitigation improvement described above is necessary to mitigate the impacts of the Company Stores project. The draft 2002-2005 Statewide Transportation Improvement Program (S'I'JP) includes $4.2 million for design, right-of-way acquisiUon, and construction of an, as yet, undefined improvement at OR 2~[4 and :I-5. The draft ST/P indicates design and right-of-way acquisition beginning in 2002 and construction in 2005. ODOT has no desire to require construction of mitigation that may be removed for a larger, permanent fix. In order to resolve the issues of this LUBA remand and achieve our mutual goals for improving traffic flow in the area of the Woodburn ]-5 interchange, ODOT recommends the following: The City should indude a finding that the project may have a significant impact on the Woodbum I-5 interchange in 2015, but these impacts are mitigated by. the improvements contained in the Woodbum TSP. The ab/include a finding that the proposed comprehensive plan amendment and Phase :III development may have a significant impact on traffic and circulaUon at the Woodburn I-5 interchange and OR 214 in 2003, as described at pages 32-38 of the -I-IA; and The City require the applicant/developer to place in an escrow account to be held by the City, money equal to the amount necessary for right-of-way acquisition and conslyuction of a dedicated dght-tum lane on west. bound OR 214 to the northbound on-ramp, as described in the TIA at page 38. This money will be used to supplement funding for the project identified in the Draft 2002-2005 STIP. The applicant and ODOT will jointly develop and agree on the amount. The money should be placed in the escrow account prior to the issuance of a certificate of use and occupancy (or the City's equivalent) for Phase III; or In the event that #3 above is not acceptable, ODOT requests that the applicant be required to design and construct, to ODOT standards, the westbound fight- rum lane on OR 214 to the I-5 northbound on-ramp as Identified as project tV/r. Jim iVu/d~ C~'ty o£ Woodbum April 5~ Page $ IOA mitigation in the Tr.A and the KA~ analysis dated March 23, 2001. All design, Hght-of-way acquisition, and construction costs shall be borne by the applicant/developer. This improvement shall be installed prior to the issuance a certificate of use and occupancy (or the City's equivalent) for Phase RL Implemenb3tion of these recommendations will satisfy ODOrs concerns and resolve the issues of the LUBA remand. We believe implementation of items 2. and 3, is the superior approach to address the interim year impacts and mitigation in that it ensures that a "throw away" improvement is not constructed and the money is directed at an improvement package that will begin to address the transportation issues at the interchange. It will also ensure that impacts of the proposed comprehensive plan amendment are mitigated to acceptable levels, This letter should be included in the record as ODOT te~mony. ODOT should be considered a party to the hearing and be entitled to notices of future hearings~ or hearing continuances or extensions. Please provide me with a copy of the City's derision, including findings and conditions of approval. Please contact me at 503-986- 2663 if you have any questions about the contents of mis letter. Sincerely, Senior Transportation Planner DLF: cc: Tom Lauer, ODOT Region 2 Zntedm klanager Dave Bishop, ODOT Hid-Willamette Valley Area Hanager Don 3ordan, ODOT District 3 Manager Tony Martin, OC)OT Region 2 Access Management Engineer Kathy Lincoln, DO.3/General Counsel Division Mike Robinson, 5toel Rives Gary Katsion, Kittelson & Associates llA April 9, 2001 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator ~ Master Telecommunications Infrastructure Ordinance Recommendation: It is recommended the City Council adopt the attached Ordinance Relating to Telecommunications within the City and Providing for the Management of Public Rights of Way. Background: The Federal Telecommunications Act (The Act), and Oregon Laws and rules dictate the extent and manner in which local jurisdictions can regulate telecommunications carriers. The Act allows jurisdictions to receive compensation for the use of their rights-of-way but requires that they do so on a "competitively neutral and non-discriminatory basis". To assure telecommunications carriers are treated on a competitively neutral and non- discriminatory basis, other jurisdictions that have addressed the needs of competing carriers wanting to operate within their communities have adopted telecommunications infrastructure ordinances. These ordinances establish the conditions under which facilities- based carriers, those that have or will have telecommunications facilities within the City, may obtain franchises and operate within public rights of way. Pursuant to the Act, resellers or those carriers that lease capacity from another company are not required to obtain franchises, but may be required to register with the local jurisdiction. Discussion: Late in November 2000, a local telecommunications carrier wishing to provide facilities- based services in Woodburn contacted City staff. Until that request, the City has had no experience with addressing competing telecommunications carriers. While the City has a franchise agreement with the existing carrier, it has had no telecommunications ordinance in place to regulate the granting of franchises. Since November, staff has attended presentations made by the representatives of other agencies regarding those agencies' experience with telecommunications regulation, and has reviewed the master telecommunications ordinances of a number of those agencies. Foremost among the master telecommunications ordinances reviewed is that developed by the Metropolitan Area Communications Commission (M^CC) for its 15 member cities and counties. That ordinance was developed in cooperation with telecommunications industry representatives, and is intended to establish clear guidelines, standard, and llA Honorable Nlayor and City Council April 6, 2001 Page 2. requirements for all telecommunications carriers. It is also intended to minimize local regulation of the operation of carriers, ensure local authority to manage the right-of-way for health and safety of local residents, and to assure adequate compensation to local taxpayers for private use of publicly owned rights of way. Reflecting the recommendations of the telecommunications industry, the NIACC ordinance also assures city regulatory is maintained, while limiting the amount of proprietary information companies must submit, adapting timelines to those of a highly competitive industry, and acknowledging the interaction of state, federal, and local regulations. Based on staff's review of the MACC ordinance, and those subsequently adopted by other area cities, the attached ordinance was prepared for your consideration and adoption. The attached ordinance is consistent with, and provides for maximum local regulatory jurisdiction and protection under, state and federal [aw. Further, a master telecommunications ordinance is necessary for Woodburn to treat what is expected to be a growing number of competing telecommunications carriers on a competitively neutral and non-discriminatory basis. For these reasons, your adoption of the attached ordinance is respectfully recommended. ]CB Attachment COUNCIL BILL NO. 2299 ORDINANCE NO. AN ORDINANCE RELATING TO TELECOMMUNICATIONS WITHIN THE CITY; PROVIDING FOR THE MANAGEMENT OF PUBLIC RIGHTS OF WAY; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose and intent of this Ordinance are to: (1) Comply with the 1996 Telecommunications Act as it applies to local governments, telecommunications carriers and the services those carders offer; (2) Promote competition on a competitively neutral basis in the provision of telecommunications services; (3) Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the City's businesses and residents; (4) Permit and manage reasonable access to the City's public rights-of-way for telecommunications purposes on a competitively neutral basis and conserve the limited physical capacity of those public rights of way held in trust by the City; (5) Assure that the City's current and ongoing costs of granting and regulating private access to and the use of the public rights of way are fully compensated by the persons seeking such access and causing such costs; (6) Secure fair and reasonable compensation to the City and its residents for permitting private use of the public right of way; (7) Assure that all telecommunications carriers providing facilities or services within the City, or passing through the City, register and comply with the ordinances, rules and regulations of the City; (8) Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens; (9) Enable the City to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development. llA Page 1 - Council Bill No. Ordinance No. 11A Section 2. Definitions. As used in this Ordinance, the following definitions apply. Words not defined shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning. (1) "Aboveground Facilities" See Overhead Facilities. (2) "Affiliated Interest" has the same meaning as ORS 759.010. (3) "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq., as now and hereafter amended. (4) "Cable service" is defined consistent with federal laws and means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (5) "City" means the City of Woodbum, an Oregon municipal corporation, and individuals authorized to act on the City's behalf. (6) "City Administrator" means the City Administrator of the City of Woodbum. (7) "City Engineer" means the City Engineer of the City of Woodbum. (8) "City property" includes all real property owned by the City, other than public rights of way and utility easements as defined in this ordinance, and all property held in a proprietary capacity by the City that are not subject to right of way franchising under this Ordinance. (9) "Control" or "controlling interest" means actual working control in whatever manner exercised. (10) "Conduit" means any structure or portion of a structure containing one or more ducts, conduits, manholes, handholes, bolts, or other facilities used for telegraph, telephone, cable television, electrical, or communications conductors, or cable right of way, owned or controlled, in whole or in part, by one or more public utilities. (11) "Construction" means an activity in the public rights of way resulting in physical change, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities. (12) "Days" means calendar days unless otherwise specified. (13) "Duct" means a single enclosed raceway for conductors or cable. Page 2 - Council Bill No. Ordinance No. llA (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) "Emergency" has the meaning provided for in ORS 401.025. "Federal Communications Commission" or "FCC" means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Franchise" means an agreement between the City and a grantee which grants a privilege to use public right of way and utility easements within the City for a dedicated purpose and for specific compensation. "Grantee" means the person to which a franchise is granted by the City. "Oregon Public Utilities Commission" or "OPUC" means the statutorily-created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor. "Overhead" or "Aboveground Facilities" means utility poles, utility facilities and telecommunications facilities on or above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company. "Private telecommunications network" means a system, including the construction, maintenance or operation of the system, for the provision of a service or portion of a service that is owned or operated exclusively by a person for his or her use and not for resale, directly or indirectly. "Private telecommunications network" includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. "Public rights of way" means a strip of land reserved for public uses such as roadways and sewer and water lines and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including the subsurface under and air space over these areas. This definition applies only to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such areas for telecommunications facilities. "Public rights of way" also includes utility easements as defined below. "Telecommunications" means the transmission between and among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications Act" means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) and as hereafter amended. Page 3 - Council Bill No. Ordinance No. llA (25) "Telecommunications carrier" means a provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the City. (25) "Telecommunications facilities" means the plant and equipment, other than customer premises equipment, used by a telecommunications carrier. (26) "Telecommunications service" means two-way switched access and transport of voice communications but does not include: a) services provided by radio common carder; b) one-way transmission of television signals; c) surveying; d) private telecommunications networks; or e) communications of the customer which take place on the customer side of on-premises equipment. (27) "Telecommunications system" see "Telecommunications facilities" above. (28) "Telecommunications utility" has the same meaning as ORS 759.005(1). (29) "Underground facilities" means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for "Overhead facilities." (30) "Usable space" means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that six feet of a pole is buried below ground level. (31) "Utility easement" means an easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes. (32) "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right of way of the City and used or to be used for the purpose of providing utility or telecommunications services. Section 3. Jurisdiction and Management of the Public Rights of Way (1) The City has jurisdiction and exercises regulatory management over all public rights of way within the City under authority of the City charter and state law. (2) Public rights of way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under and air space over these areas. (3) The City has jurisdiction and exercises regulatory management over each public right of way whether the City has a fee, easement, or other legal interest in the right of way. The Page 4 - Council Bill No. Ordinance No. (4) (5) (6) (2) (3) City has jurisdiction and regulatory management of each right of way whether the legal interest in the right of way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. No person may occupy or encroach on a public fight of way without the permission of the City. The City grants permission to use rights of way by franchises and permits. The exercise of jurisdiction and regulatory management of a public right of way by the City is not official acceptance of the right of way, and does not obligate the City to maintain or repair any part of the right of way. The City retains the right and privilege to cut or move any telecommunications facilities located within the public rights of way of the City, as the City may determine to be necessary, appropriate or useful in response to a public health or safety emergency. Section 4. Regulatory Fees and Compensation Not a Tax. The fees and costs provided for in this Ordinance, and any compensation charged and paid for use of the public rights of way provided for in this Ordinance, are separate from, and in addition to all federal, state, local, and City charges as may be levied, imposed, or due from a telecommunications carder, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services. The City has determined that any fee provided for by this Ordinance is not subject to the property tax limitations of Article XI, Sections l 1 and 1 lb of the Oregon Constitution. These fees are not imposed on property or property owners, and these fees are not new or increased fees. The fees and costs provided for in this Ordinance are subject to applicable federal and state laws. llA (1) (2) (3) Section 5. Purpose of Registration. The purpose of registration is: To assure that all telecommunications carriers who have facilities or provide services within the City comply with the ordinances, rules and regulations of the City. To provide the City with accurate and current information concerning the telecommunications carriers who offer to provide telecommunications services within the City, or that own or operate telecommunications facilities within the City. To assist the City in the enforcement of this Ordinance and the collection of any city franchise fees or charges that may be due the City. Section 6. Registration Required. Page 5 - Council Bill No. Ordinance No. (1) Except as provided in Section 7 of this ordinance, all telecommunications carriers having telecommunications facilities within the corporate limits of the City, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the City, shall register with the City. The appropriate application and license from the Oregon Public Utility Commission (PUC) or the Federal Communications Commission (FCC) qualify as necessary registration information. Applicants also have the option of providing the following information: llA (a) The identity and legal status of the registrant, including the name, address, and telephone number of the duly authorized officer, agent, or employee responsible for the accuracy of the registration information. (b) The name, address, and telephone number for the duly authorized officer, agent, or employee to be contacted in case of an emergency. (c) A description of the registrant's existing or proposed telecommunications facilities within the City, a description of the telecommunications facilities that the registrant intends to construct, and a description of the telecommunications service that the registrant intends to offer or provide to persons, firms, businesses, or institutions within the City. (d) Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided, or to be provided, by the registrant constitutes an occupation or privilege subject to any business license requirements. A copy of the business license or the license number must be provided. (2) Each application for registration as a telecommunications carrier shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council Section 7. Exceptions to Registration. The following telecommunications carriers are excepted from registration: (1) Telecommunications facilities that are owned and operated exclusively for its own use by the State or a political subdivision of this State. (2) A private telecommunications network, provided that such network does not occupy any public rights of way of the City. Section 8. Construction Standards. (1) No person shall commence or continue with the construction, installation or operation of telecommunications facilities within a public right of way except as provided in this Ordinance, and with all other applicable codes, ordinances, rules, and regulations. Page 6 - Council Bill No. Ordinance No. 11A (2) Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the National Electrical Code and the National Electrical Safety Code. Section 9. Construction Permits. No person shall construct or install any telecommunications facilities within a public right of way without first obtaining a construction permit, and paying the construction permit fee established in this Ordinance. No permit shall be issued for the construction or installation of telecommunications facilities within a public right of way unless: (1) The telecommunications carrier has first filed a registration statement with the City pursuant to this Ordinance; and if applicable, (2) The telecommunications carrier has first applied for and received a franchise pursuant to this Ordinance. Section 10. Permit Applications. (1) Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate: (a) That the facilities will be constructed in accordance with all applicable codes, rules and regulations. (b) That the facilities will be constructed in accordance with the franchise agreement. (c) The location and route of all facilities to be installed aboveground or on existing utility poles. (d) The location and route of all new facilities on or in the public rights of way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route that are within the public rights of way. Applicant's existing facilities shall be differentiated on the plans from new construction. (e) The location of all of applicant's existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights of way along the underground route proposed by the applicant. A cross section shall be provided showing new or existing facilities in relation to the street, curb, sidewalk or right of way. Page 7 - Council Bill No. Ordinance No. (0 The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public fights of way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate~ (g) Details of work area restoration including but limited to paving, compaction, landscaping. (2) All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. (3) All permit applications shall be accompanied by a written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City Engineer. (4) City will review application and may make requests for elevation and horizontal location to eliminate planned existing conflicts with other underground lines. Section 11. Construction Permit Fee. Unless otherwise provided in a franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee in an amount to be determined by resolution of the City Council. Such fees shall be designed to defray the costs of city administration of the requirements of this ordinance. Section 12. Issuance of Permit. If satisfied that the applications, plans and documents submitted comply with all requirements of this Ordinance and the franchise agreement, the City Engineer shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate. Section 13. Notice of Construction. Except in the case of an emergency, the permittee shall notify the Engineering and Building Department not less than two working days in advance of any excavation or construction in the public rights of way. Section 14. Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Engineering and Building Department and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. Section 15. Noncomplying Work. Subject to the notice requirements in Section 13, all work that does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this Ordinance, shall be removed at the sole expense of the permittee. The City is authorized to stop work in order to assure compliance with this Ordinance. llA Page 8 - Council Bill No. Ordinance No. Section 16. Completion of Construction. The permittee shall comply with any time lines and special construction activity conditions placed on the construction permit and promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work within city rights of way, including restoration, must be completed within 120 days of the date of issuance of the construction permit unless an extension or an alternate schedule has been approved by the City Engineer. Section 17. As-Built Drawings. If requested by the City for a necessary public purpose, as determined by the City, the permittee shall furnish the City with up to two complete sets of plans drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. These plans shall be submitted to the City Engineer or designee within 60 days after completion of construction, in a format mutually acceptable to the permittee and the City. Section 18. Restoration of Public Rights of Way and City Property. When a permittee, or any person acting on its behalf, does any work in or affecting a public right of way or City property, it shall, at its own expense, promptly remove any obstructions and restore the ways or property to good order and condition unless otherwise directed by the City and as determined by the City Engineer or designee. (2) If weather or other conditions do not permit the complete restoration required by this Section, the permittee shall temporarily restore the affected rights of way or property at the permittee's sole expense. The permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule may be subject to approval by the City. (3) If the permittee fails to restore rights of way or property to good order and condition, the City shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights of way or property. If, after said notice, the permittee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken, the City shall cause such restoration to be made at the expense of the permittee. (4) A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. Section 19. Performance and Completion Bond. Unless otherwise provided in a franchise agreement, a performance bond or other form of surety acceptable to the City equal to at least 100% of the estimated cost of constructing permittee's telecommunications facilities within the public rights of way of the City, shall be provided before construction is commenced. II.A Page 9 - Council Bill No. Ordinance No. (1) The surety shall remain in force until 60 days after substantial completion of the work, as determined in writing by the City Engineer, including restoration of public fights of way and other property affected by the construction. llA (2) The surety shall guarantee, to the satisfaction of the City: (a) Timely completion of construction; (b) Construction in compliance with applicable plans, permits, technical codes and standards; (c) Proper location of the facilities as specified by the City; (d) Restoration of the public rights of way and other property affected by the construction; and (e) Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work. (f) Maintenance for one year of trench areas, pavement, landscaping, and areas disrupted by the construction. Section 20. Location of Facilities. All facilities located within the public right of way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement: (1) Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right of way of the City, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. (2) Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the City, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with applicable state and federal law. Section 21. Interference with Public Rights of Way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights of way. All use of public rights of way shall be consistent with City codes, ordinances and regulations. Page 10 - Council Bill No. Ordinance No. 11A Section 22. Relocation or Removal of Facilities. Except in the case of an emergency, within 90 days following written notice from the City, a grantee shall, at no expense to Grantor, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the City has determined that such removal, relocation, change or alteration is reasonably necessary for: (1) The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. (2) The operations of the City or other governmental entity in or upon the public rights of way. (3) The public interest. Section 23. Removal of Unauthorized Facilities. Within 30 days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls or maintains an unauthorized telecommunications system, facility, or related appurtenances within the public rights of way of the City shall, at its own expense, remove such facilities and appurtenances from the public rights of way of the City. Both parties are required to participate in good faith negotiations on such issues. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: (1) One year after the expiration or termination of the grantee's telecommunications franchise. (2) Upon abandonment of a facility within the public rights of way of the City. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The City shall make a reasonable attempt to contact the telecommunications carrier before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if there is no apparent risk to the public safety, health, or welfare. (3) If the system or facility was constructed or installed without the appropriate prior authority at the time of installation. (4) If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications franchise or other legally sufficient permit. Section 24. Coordination of Construction Activities. All grantees are required to make a good faith effort to cooperate with the City. O) By January 1 of each year, grantees shall provide the City with a schedule of their known proposed construction activities in, around or that may affect the public rights of way. (2) If requested by the City, each grantee shall meet with the City annually or as determined by the City, to schedule and coordinate construction in the public rights of way. At that time, Page 11 - Council Bill No. Ordinance No. llA City will provide available information on plans for local, state, and/or federal construction projects. (3) All construction locations, activities and schedules shall be coordinated, as ordered by the City Engineer or designee, to minimize public inconvenience, disruption or damages. Section 25. Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the City. Section 26. Application. Any person that desires a telecommunications franchise must register as a telecommunications carder and shall file an application with the City which includes the following information: (1) The identity of the applicant. (2) A description of the telecommunications services that are to be offered or provided by the applicant over its telecommunications facilities. (3) Engineering plans, specifications, and a network map in a form customarily used by the applicant of the facilities located or to be located within the public rights of way in the City, including the location and route requested for applicant's proposed telecommunications facilities. (4) The area or areas of the City the applicant desires to serve and a preliminary construction schedule for build-out to the entire franchise area. (5) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. (6) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. Section 27. Application and Review Fee. (1) Subject to applicable state law, applicant shall reimburse the City for such reasonable costs as the City incurs in entering into the franchise agreement. (2) An application and review fee of $2,000 shall be deposited with the City as part of the application filed pursuant to Section 26 above. Expenses exceeding the deposit will be billed to the applicant or the unused portion of the deposit will be returned to the applicant following the determination granting or denying the franchise. Page 12 - Council Bill No. Ordinance No. 11A Section 28. Determination by the City. The City Council shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. Section 29. Rights Granted. No franchise granted pursuant to this Ordinance shall convey any right, title or interest in the public rights of way, but shall be deemed a grant to use and occupy the public rights of way for the limited purposes and term, and upon the conditions stated in the franchise agreement. Section 30. Term of Grant. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be for a term of five years. Section 31. Franchise Territory. Unless otherwise specified in a franchise agreement, a telecommunications franchise shall be limited to a specific geographic area of the City to be served by the franchise grantee, and the public rights of way necessary to serve such areas, and may include the entire city. Section 32. Franchise Fee. Each franchise granted by the City is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the privileges granted. Nothing in this Ordinance shall prohibit the City and a grantee from agreeing to the compensation to be paid. The compensation shall be subject to the specific payment terms and conditions contained in the franchise agreement and applicable state and federal laws. Section 33. Amendment of Grant. Conditions for amending a franchise: (1) A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the City that are not included in a franchise previously granted under this Ordinance. (2) If ordered by the City to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted franchise, the City shall grant an amendment without further application. (3) A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a franchise previously granted under this Ordinance. Section 34. Renewal Applications. A grantee that desires to renew its franchise under this Ordinance shall file an application with the City for renewal of its franchise, not less than 180 days before expiration of the current agreement, which shall include the following information: (1) The information required under Section 26 of this Ordinance. (2) Any information required pursuant to the franchise agreement between the City and the grantee. Page 13 - Council Bill No. Ordinance No. llA Section 35. Renewal Determinations. Within 90 days after receiving a complete renewal application under Section 34, the City shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. (1) The financial and technical ability of the applicant. (2) The legal ability of the applicant. (3) The continuing capacity of the public rights of way to accommodate the applicant's existing and proposed facilities. (4) The applicant's compliance with the requirements of this Ordinance and the franchise agreement. (5) Applicable federal, state and local telecommunications laws, rules and policies. (6) Such other factors as may demonstrate that the continued grant to use the public rights of way will serve the community interest. Section 36. Obligation to Cure As a Condition of Renewal. No franchise shall be renewed until all ongoing violations or defaults in the grantee's performance of the agreement, or of this Ordinance, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City Council. Section 37. Assignments or Transfers of System or Franchise. Ownership or control ora majority interest in a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. (1) Grantee and the proposed assignee or transferee of the franchise or system shall agree, in writing, to assume and abide by all of the provisions of the franchise. (2) No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this Ordinance. (3) Unless otherwise provided in a franchise agreement, the grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications franchise. Page 14 - Council Bill No. Ordinance No. (4) A transfer or assignment of a telecommunications franchise, system or integral part of a system without prior approval of the City Council under this Section or under a franchise agreement shall be void and is cause for revocation of the franchise. Section 38. Revocation or Termination of Franchise. A franchise to use or occupy public rights of way of the City may be revoked for the following reasons: (1) Construction or operation in the City or in the public rights of way of the City without a construction permit. (2) Construction or operation at an unauthorized location. (3) Failure to comply with Section 37 of this Ordinance with respect to sale, transfer or assignment of a telecommunications system or franchise. (4) Misrepresentation by or on behalf of a grantee in any application to the City. (5) Abandonment of telecommunications facilities in the public rights of way. As used in this ordinance, "abandonment" refers to facilities remaining in the right of way following the expiration of the franchise, or not otherwise used to provide services, for a period of one year. (6) Failure to relocate or remove facilities as required in this Ordinance. (7) Failure to pay taxes, compensation, fees or costs when and as due the City under this ordinance. (8) Insolvency or bankruptcy of the grantee. (9) Violation of material provisions of this Ordinance. (10) Violation of the material terms of a franchise agreement. Section 39. Notice and Duty to Cure. If the City believes that grounds exist for revocation of a franchise, the City shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30 days, to furnish evidence that: (1) (2) (3) Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; Rebuts the alleged violation or noncompliance; and/or It would be in the public interest to impose some penalty or sanction less than revocation. llA Page 15 - Council Bill No. Ordinance No. Section 40. Public Hearing. If a grantee fails to provide evidence reasonably satisfactory to the City as provided in Section 39, the City Administrator may refer the apparent violation or non-compliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. Section 41. Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this Ordinance, or of a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors. Whether: (1) The misconduct was egregious. (2) Substantial harm resulted. (3) The violation was intentional. (4) There is a history of prior violations of the same or other requirements. (5) There is a history of overall compliance. (6) The violation was voluntarily disclosed, admitted or cured. Section 42. Other City Costs. All grantees shall, within 30 days after written demand, reimburse the City for all reasonable direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal or transfer of the franchise or any franchise agreement consistent with applicable state and federal laws. Section 43. Facilities. Upon request, each grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. Grantees shall provide updated maps to the City semi-annually. Section 44. Damage to Grantee's Facilities. Unless directly and proximately caused by negligent, careless, wrongful, willful, intentional or malicious acts by the City, and consistent with Oregon law, the City shall not be liable for any damage to or loss of any telecommunications facility within the public rights of way of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the City, or for any consequential losses resulting directly or indirectly from such acts. Section 45. Duty to Provide Information. Except in emergencies, within 60 days of a written request from the City, each grantee shall furnish the City with the following: (1) Information sufficient to demonstrate that grantee has complied with all requirements of this Ordinance. llA Page 16 - Council Bill No. Ordinance No. (2) All books, records, maps, and other documents, maintained by the grantee with respect to its facilities within the public rights of way shall be made available for inspection by the City at reasonable times and intervals. Section 46. Service to the City. If the City contracts for the use of telecommunication facilities, telecommunication services, installation, or maintenance from the grantee, the grantee shall charge the City the grantee's most favorable rate offered at the time of the request charged to similar users within Oregon for a similar volume of service, subject to any of grantee's tariffs or price lists on file with the OPUC. With the City's permission, the grantee may deduct the applicable charges from fee payments. Other terms and conditions of such services may be specified in a separate agreement between the City and grantee. Section 47. Compensation for City Property. If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the City. Section 48. Cable Franchise. Telecommunication carders providing cable service shall be subject to the requirements for cable franchises. Section 49. Leased Capacity. A grantee has the right, without prior City approval, to offer or provide capacity or bandwidth to its customers; however, the grantee shall notify the City that such lease or agreement has been granted to a customer or lessee. Section 50. Grantee Insurance. Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as coinsured: (1) Comprehensive general liability insurance with limits not less than (a) (b) (c) $3,000,000 for bodily injury or death to each person; $3,000,000 for property damage resulting from any one accident; and, $3,000,000 for all other types of liability. (2) Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for each person and $3,000,000 for each accident. (3) Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000. (4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000. (5) The grantee shall maintain liability insurance policies required by this Section throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise, or is engaged in the removal of its llA Page 17 - Council Bill No. Ordinance No. telecommunications facilities. Each such insurance policy shall contain the following endorsement: llA "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the City, by registered mail, of a written notice addressed to the Woodbum City Attorney of such intent to cancel or not to renew." (6) Within 60 days after receipt by the City of said notice, and in no event later than 30 days prior to cancellation, the grantee shall obtain and furnish evidence to the City that the grantee meets the requirements of this Section. (7) As an alternative to the insurance requirements listed above, a grantee may provide evidence of self-insurance subject to review and acceptance by the City. (8) Grantees shall either provide insurance coverage as described above for their contractors and subcontractors or require that the contractors and subcontractors provide evidence of such insurance coverage before beginning work in the public rights of way Section 51. General Indemnification. To the extent permitted by law, each franchise agreement shall include grantee's express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance. Section 52. Performance Surety. Before a franchise granted pursuant to this Ordinance is effective, and as necessary thereafter, the grantee shall provide a performance bond, in form and substance acceptable to the City, as security for the full and complete performance of a franchise granted under this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the City. This obligation is in addition to the performance surety required by Section 19 of this Ordinance for construction of facilities. Section 53. Governing Law. A franchise granted under this Ordinance is subject to the Constitution and laws of the United States, the State of Oregon and the ordinances and Charter of the City. Section 54. Written Agreement. No franchise shall be granted under this ordinance unless the agreement is in writing. Page 18 - Council Bill No. Ordinance No. Section 55. Nonexclusive Grant. No franchise granted under this Ordinance shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights of way of the City for delivery of telecommunications services or any other purposes. Section 56. Severability and Preemption. If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of the Ordinance shall not be affected but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions. Each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Ordinance shall be valid and enforceable to the fullest extent permitted by law. If federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Ordinance, then the provision shall be read to be preempted only to the extent required by law. If such federal or state law, rule, or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision that had been preempted is no longer preempted, such provision shall return to full force and effect, and shall be binding, without the requirement of further action on the part of the City. Section 57. Penalty. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. Each violation of this Ordinance constitutes a separate Civil Infraction, and each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. Section 58. Other Remedies. Nothing in this Ordinance shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance. Section 59. Captions. The captions to sections throughout this Ordinance are intended solely to facilitate reading and reference to the sections. Such captions shall not affect the meaning or interpretation of this Ordinance and constitute no part of the law. Section 60. Compliance with Laws. A grantee under this Ordinance shall comply with all federal and state laws and regulations, including regulations of its administrative agencies, as well as all ordinances, resolutions, rules and regulations of the City adopted or established during the entire term of a franchise granted under this Ordinance, that are relevant and relate to the construction, maintenance and operation of a telecommunications system. Section 61. Consent. Wherever the consent of either the City or of the grantee is specifically required by this Ordinance or in a franchise granted, such consent will not be unreasonably withheld. Section 62. Application to Existing Ordinance and Agreements. To the extent that this Ordinance is not in conflict with and can be implemented with existing ordinance and franchise agreements, this Ordinance shall apply to all existing ordinance and franchise agreements for use of the public right of way for telecommunications. llA Page 19 - Council Bill No. Ordinance No. Section 63. Confidentiality. The City shall preserve the confidentiality of information as requested by a grantee, to the extent permitted by the Oregon Public Records Law. Section 64. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: N. Robert Shields, City Attorney 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 D Approved: Richard Jennings, Mayor llA Page 20 - Council Bill No. Ordinance No. liB CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 (503) 982-5246 Date: April 9, 2001 To: Honorable Mayor and City Council thru City Administrator<~tc'~ From: Jim Mulder, Director of Community Development Subject: Resolution Calling for Public Hearing on Annexation Case No. 01-00 (Friendly GMC). Recommendation: It is recommended that the City Council adopt the attached resolution calling for a public hearing on May 14, 2001 to consider Annexation Case No. 01-00. Background: The applicant, Tony Miller, requests annexation of the Friendly GMC site located at 770 North Pacific Highway. The Planning Commission held a public hearing on this application at its March 22, 2001 meeting. State statute requires the City Council to set a time and date for a public hearing on the proposed annexation. llB COUNCIL BILL NO. 2300 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E BETWEEN EAST LINCOLN ROAD AND AZTEC DRIVE. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on May 14, 2001 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodbum shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in four public places in the Cil/y for/like period. Approved as to Form:~,~ ~ ~i/"/S/2~ [ City Attorney ~ ]5ate 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 Page 1 - COUNCIL BILL NO. RESOLUTION NO. ........ llB ~tle ~o. 616869 Beginning at the Southeast corner of that parcel conveyed to by Deed recorded in Volume ,llliam H. Damery and Blizabeth Damery ~ui~i~~ 10 ge 447, ~f D~ed_Re~'!i.{i[ Marion count¥,Ore~o~ 7 5 4 -'-P~-- ~-~innine ia 5outn o7 -~ West R15.8 feet ano ~ ' feet fro~ the SouthweSt co.er of the Townec. savage Donation Claim No. 40, in TOWnShiP 7 South, Range ~ West of the Willamette ~eridian in Harion county, Oregon~ thence South I foot to the North line of Roosevelt street) thence North 89~45~ West along the North line of Roosevelt Street, 264.0 feet to a point which is 1 foot South of the Southwest corner of said DamerY Parcel) thence North along the Southerly extension of the West line of said DamerY Parcel, and along the Wes.t line of said parcel, 115 feet; thence North 89~45' East, parallel with the South line of sa~d Da~ery Pa£cel, 264.0 feet to the East line of said Dame£y parcel) thence South along ~a[d East line 114 feet to the place of beginning. SAVE AND EXCEPT: Be~inning at a ~oint on the South line of the Bibelheimer Tract as described in Volume 702, page 558 of Deed Records for Harion County, Oregon, said point being South 89'45' West 215.8 feet and South 248.5 feet and North 89~45' west 85.00 feet from the Southwest corner of the TOWner savage Donation Land Claim No. 40 in Township 7 South, Range 3 West of the Willamette Heridian, Marion county, Ore, on; thence North 89'45' West along sai~ South line 8~.0 feet: thence North 115 feet parallel with the East line of said Tract; thence South 89°45' East pa£allel ~ith sa~d South l£ne 85.00 feet to a point; thence South ~arallel with said East line 115 feet to the point of beginning- ALSO SAVE AND EXCEPT: Be~innin~ at a point that is the Southeast corner of that certain Tract of land conveyed to H. Bibelheimer in Volume 702, page 558, Deed Records for Marion County, oregon, said point is also South 89°45' West 215.8 feet and South 248.5 feet, Bore or less, from the Southwest corner of the Towner Savage Donation Land Claim No. 40 in Township 7 South, Range 3 West of the Willamette ~e=idian in Marion county, Oregon; thence North 89~45' West along the North line of Roosevelt Street 85 feet; thence North parallel with the East line of said Bibelheimer Tract, 115.0 feet; thence South 89°45. East parallel with the North line of said Roosevelt ~treet 85 feet to a point on the East line of said Bibelheimer Tract; thence South said East line 115.0 feet to the point of beginning. 4200 152.52 4O00 4100 10,~ O0 05 N&8 32W 8.15,3 CH 5 189.95 4300 e.4~ c~ 2500 S'99 11E 4.189 CH 275.15 13.2 3600 l I I I 10~.87 3500 4400 45O To: From: RE: oI) u N W.o. . Incorporated 1889 4/3/01 Mayor and City Council via John Brown, City Administrator D. Randall Westrick, Recreation and Parks Director ~g Resolution Approving a State Parks and Recreation Department Grant Application Legion Park Playground Renovation and Expansion l!C RECOMMENDATION: Approve the attached resolution in support of a City application for Local Govemment Grant application for expanding and renovating the Legion Park Playground. BACKGROUND: In the November 1998 election, Oregon voters approved Measure 66. This Measure directed Lottery revenue to State Parks. The Measure provided authority for the state legislature to establish grant funds for local govemment. The Oregon Parks and Recreation Department's next budget is expected to include $5 million for matching grants to benef~ local park acquisition, development and renovation projects. DISCUSSION: Attached is a resolution in support of a grant application that the Recreation and Parks Department is now assembling for this program. The application is due Apdl 20, 2001. The City is applying for a $20,775 grant. These funds will be matched through $20,000 from Systems Development Charges and $775 in donations from the Gabdel Garren Memorial. The total cost of the project will be $41,550. The playground at Legion Park is deteriorated and many play elements have been removed due to unsafe conditions. This playground is popular with soccer teams and others who are visiting the athletic field/stadium are of the park. A second playground is proposed near the picnic shelter. Many families who visit the picnic area within the park do not feel comfortable sending their children to play at the current playground location. The picnic area and current playground location are almost 500 feet apparent. Parents do not feel they can adequately supervise their children when they are at such a distance from the picnic area. Locating a second playground within the picnic area will encourage mom families to choose Legion Park for picnics. Attachment Recreation and Parks Department 270 Montgomery Street · Woodburn, Oregon 97071 Ph.503-982-5264 · Fax 503-982-5244 llC COUNCIL BILL NO. 2301 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF WOODBURN TO APPLY FOR A LOCAL GOVERNMENT GRANT FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR PLAYGROUND RENOVATION AT LEGION PARK WHEREAS, the Oregon parks and Recreation Department is accepting applications for the Local Government Grant Program; and WHEREAS, the City of Woodburn desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation improvements and enhancements; and WHEREAS, the City of Woodbum's Recreation and Parks Board and City Council have identified renovating the City's parks as a high priority need in Woodbum; and WHEREAS, the playground at Legion Park is in need of renovation and expansion; and WHEREAS, the City has set designated $20,775 in the 2000-01 Capital Improvement Program as a local cash match for the project; and THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn be authorized to apply for a Local Government Grant from the Oregon Parks and Recreation Department for $20,775 at Legion Park as specified above. Approved as to form: ~, e'}~'~/~~ N. Robert Shields, City Attorney D 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 1 - COUNCIL BILL NO. RESOLUTION NO. To: From: RE: Wooz) uRN Incorporated 1889 4/3/01 Mayor and City Council via John Brown, City Admini ~s~at~;~r D. Randall Westrick, Recreation and Parks Director [~i~' Resolution Approving a State Parks and Recreation Department Grant Application for the Skate Park 11D RECOMMENDATION: Approve the attached resolution in support of a City application for Local Govemment Grant application for the Skate Park. BACKGROUND: In the November 1998 election, Oregon voters approved Measure 66. This Measure directed Lottery revenue to State Parks. The Measure provided authority for the state legislature to establish grant funds for local govemment. The Oregon Parks and Recreation Department's next budget is expected to include $5 million for matching grants to benefit local park acquisition, development and renovation projects. DISCUSSION: Attached is a resolution in support of a grant application that the Recreation and Parks Department is now assembling for this program. The application is due Apd120, 2001. The City is applying for a $75,000 grant. These funds will be matched through $75,000 funded in next year's ClP with the $50,000 the City Council set aside for the project, $10,000 from Systems Development Charges and $15,000 from local donations. The Resolution identifies Settlemier Park as the location for the project. At this point, Settlemier Park is the most likely location for the project. However, should an altemative site emerge through work with the Skate Park Committee and design consultant, the Recreation and Parks Department will amend the application. Attachment Recreation and Parks Department 270Montgomery Street · Woodburn, Oregon 97071 Ph.503-982-5264 · Fax 503-982-5244 liD COUNCIL BILL NO. 2302 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF WOODBURN TO APPLY FOR A LOCAL GOVERNMENT GRANT FROM OREGON PARKS & RECREATION DEPARTMENT FOR THE SKATE PARK. WHEREAS, the Oregon parks and Recreation Department is accepting applications for the Local Government Grant Program; and WHEREAS, the City of Woodburn desires to participate in this grant program to the greatest extent possible as a means of providing needed park and recreation improvements and enhancements; and WHEREAS, the City of Woodbum's Recreation and Parks Board and City Council have recognized the constructing a Skate Park as a high priority need in Woodburn; and WHEREAS, a group of skate board and roller blade enthusiasts and concerned residents have formed a local committee to raise funds, facilitate design, assist with construction and help operate a skate park in Woodburn; and WHEREAS, the City has set designated $75,000 in the 2000-01 Capital Improvement Program as a local cash match for the project; and THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn be authorized to apply for a Local Government Grant from the Oregon Parks and Recreation Department for $75,000 at Legion Park as specified above. /..~~atel~/ Approved as to form.~.e~ ~ Z°O / N. Robert Shields, 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 Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. MEMO To: For Council Action, through the City Admires' trator,~IC~ From; Subject: Date: David N. Torgeson., P.E., through the Public Works Director/{.J,'t// - /. Comract award for Manhole Rehabilitation April 2, 2001 RECOMMENDATION; It is being recommended the City Council award the contract for Manhole Rehabilitation to the lowest respons~le bidder, Gelco Services, Inc., in the amount of $29,575.00. BACKGROUND: The contract is in conjunction with Project No. 2000087-29, Bid No. 21-10, for rehabilitation of seventeen sanitary sewer manholes in the downtown area. The work will correct structural deficiencies and seal against infiltration and inflow (referred to as "I&I"). Infiltration and inflow conm'bute to increased cost of sewage transportation and treatment. The work is part of a plan whose implementation is required by the state Division of Environmental Quality. Further incremems will he performed in subsequent years. liE Staff received a total of three qualified bids as listed below in ascending order: 1. Geico Services, Inc. (Salem, OR) $29,575.00 2. PEC, Inc. (Helena, MT) $34,950.00 3. TSR Corp. (Sherwood, OR) $36,658.00 The project will be funded using approved, budgeted sewer funds. The funds are budgeted in Wastewater Rehabilitation, under line item 472-622-714.003. Staffhas comacted the apparem low bidder. They express their interest in executing this contract, and are eager to undertake the work. llF MEMO To: For Council Action, through the City Administrator ~9~' From: Randy Scott, C.E. Tech III, through the Public Works Director Subject: Contract award for Willow Avenue Sanitary Sewer Rehabilitation Date: April 3, 2001 RECOMMENDATION: It is being recommended the City Council award the construction contract to the lowest responsible bidder, C R Woods Trucking Inc. for the Willow Avenue Sanitary Sewer Rehabilitation in the amount of $10,896.50. BACKGROUND: The contract is in conjunction with Project No. 200066-04, Bid No. 21-07, and the installation of approximately 162 lineal feet of 10" dia. sanitary sewer main on Willow Avenue, near the imersection of Sycamore Avenue. The installation of the sanitary main will remove existing flow from the Stevens Street pump station reducing overall maintenance and pumping costs. The project will be funded using approved sanitary sewer system capitol outlay budgeted funds. Staff received a total often qualified bids as listed below 1. C R Trucking $10,896.50 2. J-Mac Inc. $12,090.00 3. Western States $12,491.04 4. Geico Construction $13,670.00 5. Canby Excavation $13,414.30 6. Bobs Backhoe Service $18,536.00 7. William's & Ryan $19,472.00 8. Hubeo Excavation $21,496.70 9. Cipriano & Sons $22,700.00 10 Emery & Sons $23,448.00 Engineers Estimate $12,677.00 The low bidder is 14% below the engineers estimate, therefor staff is recommending the contract be awarded. Attachment "A" is a Project Location Map llF ATTACHMENT "A" WI LLOW AVE SANITARY REHABILITATI ON PROJECT NO. 200066-04 BID NO. 21 -O7 PROJECT SITE MYRTLE ST o STATE HIGHWAY 219-NEWBERG HWY. I I--- SITE PLAN 1" - 200' To: From: RE: WOODBUP, N Incorporated 1889 4/5/01 Mayor and City Council via John Brown, City Administrat.or,)~¢~ D. Randall Westdck, Recreation and Parks Director ~ ¥ ' Bid Award - Centennial Park Security I_igh~ng llG RECOMMENDATION: The Recreation and Parks Department recommends that the City Council award a construction contract to the lowest qualified bidder, Kunert Electric for the Centennial Park, Phase lib - Secudty Lighting project in the amount of $24,964. BACKGROUND: On March 22, 2001, the Recreation and Parks Department opened sealed bids for the Centennial Park, Phase lib - Secudty Lighting project. This phase of the project constructs secudty lighting for the 100-car parking facility constructed in fall of 2000. Sealed bids were opened from two qualified bidders. These bids include: 1. Kunert Electdc $ 24,964 2. R.J. Rouse Electdc $ 29,170 The bid was above the engineer's estimate of $21,230. While the bid was more than the Engineer's Estimate, the pdce is in line with the project budget. Project completion is required within 45 calendar days after the dated "Notice to Proceed." This improvement is a part of the Recreation and Parks Department's 2000-01 Capital Improvement Budget. Recreation and Parks Department 270 Montgomery Street · Woodburn, Oregon 97071 ?h.503-982-5264 ° Fax 503-982-5244 llH Incorporated 1889 4/5101 Mayor and C.y Counc, via John Bro, , C,y D. Randall Westdck, Recrea'don and Parks Director ~r~ Bid Award - Centennial Park Fencing and Miscellaneous Concrete RECOMMENDATION: The Recreation and Parks Department recommends that the City Council award a construction contract to the lowest qualified bidder, Geico Construction Company for the Centennial Park, Phase lib - Fencing and Miscellaneous Concrete project in the amount of $77,797.50. BACKGROUND: On Apdl 5, 2001, the Recreation and Parks Department opened sealed bids for the Centennial Park, Phase lib - Fencing and Miscellaneous Concrete project. This phase of the project constructs backstop and ballfield fencing and concrete walkways around the parking lot and second youth baseball/softball field. Sealed bids were opened from six qualified bidders. The top three bids include: 1. Geico Construction Company $ 77,797.50 2. Axis Curb Company $ 83,912.20 3. Woodbum Construction $111,830.65 The bid was below the engineer's estimate of $79,900. Project completion is required within 45 calendar days after the dated "Notice to Proceed." This improvement is a part of the Recreation and Parks Department's 2000-01 Capital Improvement Budget. Recreation and Parks Department 270Montgomery Street · Woodburn, Oregon 97071 Ph.503-982-5264 · Fax 503-982-5244 III MEMO TO: FROM: City Council through City Administrator's_ Public Works Program ManagerJ~~'~ SUBJECT: Safe Drinking Water Revolving Loan Fund Application DATE: April 3, 2001 RECOMMENDATION: By Council motion authorize the City Administrator to sign the Safe Drinking Water Revolving Loan application to be submitted for a water treatment plant project. BACKGROUND: The Safe Drinking Water Revolving Loan Program was part of the Safe Drinking Water Act of 1996. The Environmental Protection Agency (EPA) annually provides Safe Drinking Water Loan Program funds to the states. In Oregon these funds are administered jointly by the Economic Development Department and the Drinking Water Program of the Oregon Health Division. In July 2000, the city submitted a letter of interest to the Health Division Drinking Water Program for the city's proposed water treatment and storage expansion project to be evaluated for potential inclusion in the 2001 allotment of Safe Drinking Water Loan funding. The city's letter of interest requested a loan of $4 million, the maximum loan amount available under the drinking water loan program. The city was informed in January 2001 that the city's proposed project is qualified for $4 million of funding as part of the 2001 Safe Drinking Water Loan program. As a result of this selection the city will be required to submit a long form application to the Economic Development Department. This application is the next step in the process to develop an agreement for the actual funding. Staff is in the process of compiling required information and completing this long form application and anticipates that it will be complete by April 30, 2001. The application requires a certification that the governing body of the city has authorized the submission. Staff recommends that the city administrator be authorized to sign the application certifying that this requirement has been complied with. MEMO TO: City Council through City Administrator FROM: Public Works Program Manager~~..~~ SUBJECT: Improvement of Highway 99E Railroad Crossing DATE: April 3, 2001 RECOMMENDATION: By Council motion authorize cost sharing not to exceed $5,000.00 for improvement of the Highway 99E railroad crossing. BACKGROUND: The city recently received the attached request from Willamette Valley Railroad Company for a cost sharing arrangement to improve the railroad crossing of Highway 99E near Cleveland Street. The improvement would replace the rails and ties and add a concrete crossing. This improvement would significantly improve this crossing and it appears that ODOT has agreed to participation in the project. Marion County was also asked to participate in the work but has indicated that it will decline to do so, as the roadway in question is not one for which it has maintenance responsibility. Traffic counts from 1999 indicate that 15,700 vehicles use this crossing daily. This is a worthwhile project and it is appropriate that the city should contribute a portion of the cost. Staff recommends that city participation not to exceed $5,000.00 be authorized from line item 363.631.722.013 for improvement of the Railroad Crossing on Highway 99E. WILLAMETTE VALLEY RAILWAY COMPANY llJ March 10, 2001 RECEIVED ~IAR I 5 Z001 PUBLIC WORKS P.O. BOX 917 McMinnvill¢, OR 97128 (503) 474-1892 FAX (503) 474-9333 Mr. John Brown City Adminis, trator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 RE: OSH 99E Rail Crossing Dear Mr. Brown: Our company has been working with the Oregon Department of Transportation to rebuild the rail crossing of OSH 99E in Woodburn, next to Cleveland Street, this summer. The work would consist of replacing the rail and ties and putting in a concrete surface. This would provide a very nice driving surface. The total cost of this project would be about $27,500. ODOT Highway Division will provide the detour signing and paving to match up to the new concrete crossing. ODOT Rail Division is providing $6,795 of the funding. We are asking the City of Woodburn and Marion County to each contribute $5,000 towards this project. Without everyone helping, the project will be delayed at least two years. If you have any questions, feel free to contact me. Sincerely, LAavid P. Root President MEMO To: For Council Action, through the City Administrator ~"~ From: Randy Scott, C.E. Tech III, through the Public Works Directo~~(''' Subject: Right-of-Way Dedications, Settlemier Avenue Date: April 4, 2001 RECOMM ,ENDATION.', It is being recommended that the City Council accept the Right-of-Way as described on Attachment "B" .IlK BACKGROUND,: The right-of-way is being conveyed by Mrs. Tatiana Strebel in conjunction with the Parr Road/Settlemier Avenue Improvement. The additional 11 feet of right-of-way allow for the placement of the bikelanedsidewalk. The dedication is being reconveyed to the city by the property owner to correct a previous conveyance. Included as attachment "A" is a map showing the location of the right-of-way. Included as attachment "B" is the properly signed Warranty Deed. m , \ \ '5 6600 92050120 ATTACHMENT "A" x x~"'---~ 501 ' CD . C~ \ \ \ '\ 74-00 ~.~oso,~o LOT A '4g.51 6800 92050100 RIGHT OF WAY DEDICATION 6700 920501~0 J IlK ..qcde: SUITE c~ -- A.~.¢. CENTER ~0~ OREGON ~ 70 70 ~. (~9 ~2-~o f~' ~2--~ 18 Pmp~md for:. CITY of WOODBURN 96.805.555 ATTACHMENT "B" IlK WARRANTY DEED K~IOW ALL t~LEN BY TI-LESE PRESENTS, That Tatla~a strel:)e-[ hereina[ter railed ~e gran~r, for th= consideration hereinafter stated, to 8zaator pakt by CITY OF WOODBUR. N. A MUNICIPAL CORPORATION, hezetnaftet catled O~e grand-e, does he~q:~y grtnt, bar~ai.q, sell and convey u~tto ~ s~id gttntee ~ grsmr, ee's heirs, su_~_e_~_~ozs and t~sign~, t~at carton rani property, w~t_h, the ~enemen~s, he~,,ditaments ~ appu~ertances r.ixe~urtto belonging or stpper~inin~, slmate~ i~ ~ Coun~ of Marion and S~te of desc~bed as follows, A tract of land bain0 a part of Lot 6, Block 2 of BRANDYWINE, a reoorded plat in Voluma 29, Pegs 28 of Marion County records, located in the Southwest one-quarter of Section 18. Township 5 South, Ranga 1 Wes~ of the Willamette Meridian in tho County of Marion and Stats of Oregon descdbe~ as follow~: The Easterly ~ 1 ~eet of said Lot 6, being Westorly of and con~0ous w~n the Eastarly lot line, also bain0 the Westerly Ri0ht-of-Way line of Settlemier Avenue, a 50 foot w{da Right-of-Way. Gontaina ~$? squats feet of rand more or less For roadway purposes OF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON R{~V~RSE SLOE) To Have and to Hok:l ~ same unto the sa~ grantee and orantee'~ nears, successors and asS~on$ fo~evor And said grantor hereby covenants to and w~th Sa~d grantee and Omnlee'a heirs, auccessom and ass~0na, that grantor is lawfu#y ~mZed in fee s~ml~ of ~e above orante~ ixemises, free from all encumtxances and ~at grantor wi~ watran! and forever clafend ~e said premises ancl every par~ and parcel thereof aoains~ ~he lawful claims and clemands of all persona whomsoever, ex¢~pt those c~aiminO under ~e abova described encumbrances. The t~ua a~cl actual considera~on paid lot this ~'ansfer. stated in terms of do~. is {,0 . whole/part of th® considem~n (indicate which}.~ (The sentence between ~ha symoo~s, n' not app~atx®. ~oum De be implied to In construing this deed and where tha context so requires, Ihs sinoular includes the plural and all gramma~cal chanoes shal~ make tha provisions bm'eof apply equa~ to corpor~on$ and to individuals. ,~. ~ ~ I in Wm~ess Wh®~eof. th~ oramot has exec~ted ~is mat~ument ~s ,~.;j,v~ dayo~ ./~l/J--~C/-/ ,20007. if a corporata grantor, it has caused its nama to b~ s~Oned and ~ seal affixed by an officer or other pe~on duly au~odzed to do au by o~cler of its board of directors. THiS iNSTRUMENT WILL NOT ALLOW USE OF rile PROPERTY DE'SCRIBED i~~'~'' '~'~~ IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THiS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECKWITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY TATE OF OREGON. County. of ~ ~ ~ I (J ~ )ss. This instrument was agknowledged before me on /I'~,4-F-(./v ~ 0 This instrument was acknowledged before me on Accepted by the by. Woodbum City Council ~ I as on .... of City Recorder GRANTOR'S NAME AND ADDRESS GRANTEE'S NAME AND ADDRESS Afte~ mca'ding return t~: NAME, ADDRESS. ZIP NAME. ADDRESS. ZIP .,2000, Notary Public for Oregon ~ My commission expires ~- ~' ' -~'~ / STATE OF OREGON, } County of Madon I cetlJfy that the within instru- ment was received for record on the ~.day of .., 20__, SPACI~ R~P, VED at o'clock__M., and recorded FOP. in book/reel/volume No.~.,on P.t'COP.DI;P.'S USE page .. or as fee/file/instru- ment/microffi m/reception No ., Record of Deeds of said county. VV'~ness my hand and seal of County affixed. Namo T~le By Deputy llL City of Woodburn Police Department 270 Montgomery Street Staff Report Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: April 3, 2001 Paul Null, Chief of Polic Mayor and City Council Through: John Brown, City Administrator Subject: Sound Amplification Permit - Salvador Larios Use of Public Parking Lot at First and Garfield Recommendation: The city council approve closure of Warzynski Plaza and approve a sound amplification permit for a public Mother's Day Celebration on Sunday, May 13, 2001 from 12:00 p.m. to 8:00 p.m. Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department received a request for a sound amplification permit from Salvador Larios of Salvador's Bakery III, 320 N. Pacific Highway. The permit request is for Sunday, May 13, 2001, from 12:00 p.m. to 8:00 p.m. The permit is to allow for a Mothers Day Celebration in which a live band will be performing. In years past, Mr. Larios has held this event outdoors in the parking lot of his establishment at Salvador's Bakery III, 320 N. Pacific Highway. Last year the police department received complaints of excessive noise, litter in neighboring residence, traffic and parking complaints from local businesses. On March 20, 2001, I had a conversation with Mr. Larios regarding the problems his event caused at this location. I suggested to Mr. Larios that he hold this years event at Warzynski Plaza. Mr. Larios agreed to relocate the event to the downtown location. llL Attached is a letter received from Mr. Larios outlining actions he will take to mitigate anticipated problems arising out of the Mother's Day Celebration. In addition, Mr. Larios has agreed to bring in four (4) portable toilets to accommodate the attending public. Mr. Larios anticipates a large crowd and has requested the Woodburn Police Department provide four (4) police officers for security, at his expense, which I have agreed. The current labor agreement with the Police Association accommodates such an arrangement and the City's Master Fee Schedule established costs for this type of police service. llL Chief Paul Null Woodburn Police Department 270 Montgomery Street Woodburn, OR 97071 March 26, 2001 Dear Chief Null: I am writing to request permission for a permit to have a Mother's Day Celebration again this year. The Celebration is planned for the Warzynski Plaza in Downtown Woodbum on Sunday, May 13, 2001. I request that I be allowed to hold the celebration between the hours of 12:00 noon and 8:00 p.m. I plan to have live bands and amplified music. It is my intent to serve free cake and to hold a drawing for some prizes in honor of all mothers who attend. In support of this request, I offer the following assurances: I will abide by the hours set for the Celebration; the music and sound system will be turned off by the time set in the permit. I will not purposely create excessive volume; however, it must be understood that live bands in the outdoors do produce sound that is not contained and does carry on the airwaves. In addition, I will provide staff to control traffic, direct parking and to do all that is possible to prevent those attending from spilling over into the street. I will, as I have in the past, make certain that any litter or trash is completely cleaned from the area immediately following the Celebration. I consider the Celebration as my way of doing something nice for all mothers on their special day, and I believe it is a community service. Thank you for your consideration of my request for a sound permit as contained herein. Yours tru_~~~:~---~ SALVADOR LARIOS 14A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (50~ 982-5246 Date: To: From: Subject: April 9, 2001 Honorable Mayor and City Council thru City Administrato~ Jim Mulder, Director of Community Development ,j Planning Commission's Action on Partition 00-06, Variance 01-01 & 01- 02 and Lot Line Adjustment 01-02 At their meeting of March 22, 2001, the Planning Commission approved a three-lot partition request with two variances and a property line adjustment. This decision is final unless the City Council calls this decision up for review. Applicant: Kirk A. Schmidtman - Attorney 610 Glatt Circle Woodburn, OR 97071 Property' Owner: Ivka & Irina Cam 13907 Portland Road NE Woodburn, OR 97071 NATURE OF THE APPLICATION: The applicant requested to partition a residential parcel into three single-family residential lots. The request also included two variance applications and a property line adjustment application. The applicant proposed to divide off an existing home and an accessory structure and create two additional lots for future single-family residential homes. This proposal required two variances for the following reasons: 1) One of'the vacant lots would not abut public right-of-way, requiring access by private easement, and 2) another lot would not have the 30-foot required right-of-way frontage width. The property line adjustment was requested so that the secondly mentioned lot would have additional frontage width, reducing the amount of width requiring a variance. RELEVANT FACTS: The subject parcel is located in the southeast portion' of the City between Landau Drive and Laurel Avenue. It is addressed as 1690 Laurel Avenue, further identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 17 BD, Tax Lot 1600. The property is 0.76 acres in size. The property is fairly flat. There is an existing single-family home and an accessory structure on the north part of the property. This home has an existing driveway which consists of two (2) access approaches to Laurel Avenue. The southerly two/thirds of 1 14A the property is currently vacant. There are two large evergreen trees along the east side of the property which the applicant has indicated will be preserved. Designated zoning for the property is Single-Family Residential (RS) District. The adjacent property to the west is in Marion County under its Single-Family Residential zone. The remaining adjacent properties are within the City and are zoned RS. All adjacent properties currently have single-family homes on them. Proposed Lot 1 is approximately 19,000 square feet. The center Lot 2 is to be 8,240 square feet, and the southerly Lot 3 approximately 8,550 square feet. The existing accesses to Lot I from Laurel Avenue are to remain in their current conditions. Lots 2 and 3 are to access Landau Drive. Lot 2 does not have right-of-way frontage. As a result, an access easement was proposed along the east side of Lot 3 so that access would be available to Lot 2 from Landau Drive. According to the Woodburn Subdivision Standards, all lots must have right-of-way frontage. The applicant requested a variance from this standard for Lot 2. Due to the configuration of the existing property, the maximum frontage Lot 3 can have along Landau is 24 feet. With the proposed property line adjustment, this width has been provided. The applicant requested a second variance to the current frontage minimum of 30 feet to allow the proposed 24 feet. 2 15A March 26, 2001 3ohn Brown City of Woodburn 270 Montgomery St Woodburn, Oregon 97071 Dear Mr. Brown, Enclosed is a copy of a letter being sent to our DirectLink cable television customers providing notice of a rate increase on our Basic and Expanded Basic services. The letter also informs our customers of new channels we will be adding as well as a slight rearrangement of some existing channels. These changes will become effective Nay 3, 2001. If you have any questions, please call me at 503-266-8262 after April 2nd, as ! will be out of the office on vacation until that date. Sincerely, San{ira Coleman System ~qanager DirectLink of Oregon Prov~cler of Webster Internet Access DlrectUnk of Oregon, Inc. i~ · ,ub~dlar¥ of Canby Telephone As~ci~lon 503 263 8080 Fax 503 266 8207 PO Box 850 190 SE Second Ave Canby, Oregon 97013 E-mail sales@web-ster, com http://www, web-ster, com/Directlink · · · ,® DirectLInk GABLE TELEVISION 15A Dear DirectLink Customer, You are a valued customer and there are some exciting changes being made to your DirectLink services. Effective May 1, 2001 some of our prices and channels will be changing and we want you to know why. A primary reason for the upcoming price adjustment is to meet rising network fees, costs, and other operating expenses. You may have seen the featured CBS News item in February, 2001 saying that cable networks have increased programming fees charged to all cable companies as a central cause for rate adjustments to customers. Even with increased network fees of approximately 13% each year, DirectLink has rejected raising rates to our customers for nearly 2 years. Specifically, the price changes to be effective May 1, 2001 are as follows: · Monthly rate for Basic service will increase by $1.00, from $15.25 to $16.25. · Monthly rate for Expanded Basic service will increase by 75 cents, from $12.00 to $12.75. We will strive to continue to keep our rates as low as possible. No other services will be affected by these adjustments. There's exciting news in your new channel line-up! · new Telemundo on Expanded Basic - channel 50 Major signal quality improvement via satellite for this popular Spanish network. · new The Food Network in Plus 1 package - channel 53 Highly acclaimed companion to HGTV. Featuring everything from fantastic BBQ and wok presentations to sophisticated culinary delights, Martha's secrets, and great party treatments. · new ESPN 2 on Expanded Basic - channel 39 · CNBC moves to Basic cable - channel 98 · CNN moves to channel 41 · The Weather Channel moves to Basic cable - channel 20 In the areas of excellent local customer service, integrating new technology and equipment, enhancing technical expertise, and bringing you a strong channel line-up, we are working diligently to meet the expectations of our customers and appreciate your choice of DirectLink cable services. Sincerely, Sandy Coleman System Manager Provider of Webster InternM; Access DirectLink of Oregon, Inc. is a subsidiary of Canby Telephone Association 503 982 4085 Fax 503 982 4804 635 Glatt Circle Woodburn, Oregon 97071 E-mail sales@web-ster, com http://www.web-ster, com/Direct Link D rect I ink® CABLE TELEVISION 15A Estimados clientes de DirectLink, Usted es un valioso cliente y hay algunos cambios que se le hah hecho a sus servicios de DirectLink. Empezando el primero de mayo del afio 2001 algunas de nuestras tarifas y canales ser~n cambiadas y queremos que usted sepa porqu6. La raz6n primordial por el ajuste de precio se debe a que necesitamos cubrir las tarifas de la red de televisi6n que han subido de precio, costos, y otros gastos de operaci6n. Puede que usted haya visto en las noticias CBS en febrero del afio 2001 que dicen que los cables de las redes de televisi6n hah aumentado las tarifas de programaci6n a todas las compafiias de cable y esta es la causa central del ajuste de precio al cliente. Aunque el aumento de tarifas de la red de televisi6n, que es aproximadamente un 13% cada afio, DirectLink a preferido no aumentar las tarifas a nuestros clientes pot casi dos arios. Especialmente, los cambios de precios que senin efectivos a partir del primero de mayo de 2001 son los siguientes: · Tarifa mensual para el servicio B~isico aumentarfi a $1.00, de $15.25 a $16.25. · Tarifa mensual para el servicio Bfisico Extendido aumentarfi a 75 centavos, de $12.00 a $12.75. Trataremos de continuar manteniendo nuestras tarifas tan bajas como nos sea posible. Ningun otto servicio se verfi afectado por estos ajustes. Hay buenas noticias en su nuevo canal en lfnea. · nuevo Telemundo en el Bfisico Extendido - canal 50 Mejoramiento de calidad incre~le en la serial via satellite para 6sta popular red de televisi6n en Espafiol. · nuevo La Red de Comidas en el paquete Plus 1 - canal 53 E1 sumamente aclamado compafiero de HGTV, Presentando todo, de asados fantfisticos y presentaciones con el wok, a delicias culinarias sofisticadas. Secretos de Martha y maravillosas recetas para fiestas. · nuevo ESPN 2 en Bfisico Extendido - canal 39 · CNBC se mueve al cable Bfisico - canal 98 · CNN se mueve al canal 41 · El canal Metereoi6gico se mueve para el cable B~isico - canal 20 En las fireas de excelente servicio al cliente local, integraci6n de nueva tecnologia y equipo, realzar el firea t6cnica, y tray6ndole a usted una lfnea de canals fuertes. Estamos trabajando meticulosamente para lograr alcanzar la clase de servicio que los clientes esperan y le agradecemos su preferencia por los servicios de cable. Sinceramente, 503 982 4085 Sandy Coleman Fax 503 982 4804 Gerente De Sistema 635 Glatt Circle Woodbum, Oregon 97071 E-mail salos@web-stencom P'rovider of Webstnr Intern*st Access DirectLink of Oregon, Inc. Is a sub$idimry of C&nby Telephone Association http://www.web-ster, com/DirectLink