Agenda - 05/15/2001 WOODaU n Cff ¥ CO
2001-
270Montgomery $~reet ~ ~ Woodburn~ Oregon
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Memorial Day holiday closures: City Hall, Aquatic Center and
the Library will be closed on May 28, 2001.
B. Public Hearing - June 11, 2001, Carcraft annexation
C. Budget Committee Budget Hearing - May 15, 2001 - 7:00 p.m.
D. City Council Budget Hearing - June 11, 2001 - 7:00 p.m.
E. Water Treatment Project Open House - June 6, 2001
4:00 p.m. to 8:00 p.m.
Appointments:
F. Community Center Planning Committee
PRESENTATIONS/PROCLAMATIONS
Presentations:
A.
B.
Tree Certificate
Human Rights Committee Award to Anthony Veliz
C. Skate Park Committee - Bruce Thomas
Proclamations:
C.
3F
Public Works Week - May 21 - 25, 2001 ............................ 4C
Page 1 - Agenda, Woodburn City Council Meeting of May 14, 2001.
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COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
COMMUNICATIONS
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BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
City Council minutes of April 23, 2001 ............................. 8A
Recommended action: Approve the City Council minutes of April 23, 2001.
Planning Commission minutes of March 22 and April 12, 2001 and
draft Planning Commission minutes of April 26, 2001 ................ 8B
Recommended action: Accept Planning Commission minutes of March 22
and Apri112, 2001 and draft Planning Commission minutes of April 26, 2001.
Park Board minutes of April 17, 2001 and draft ParkBoard minutes
of May 8, 2001 ................................................ 8C
Recommended action: Accept Park Board minutes of April 17, 2001 and
draft Park Board minutes of May 8, 2001.
De
Building Activity Report for April 2001 ............................ 8D
Recommended action: Accept the Building Activity Report for April 2001.
Ee
Planning Tracking Sheet dated 5-10-01 ............................. 8E
Recommended action: Accept the Planning Tracking Sheet dated 5-10-01.
Fe
Police Department Activity Report for March 2001 ..................
Recommended action: Accept the Police Department Activity Report
for March 2001.
8F
Ge
Library Activity Calendar for May and June 2001 . .. ................. 8G
Recommended action: Receive Library Activity Calendar for May and June
2001.
He
Highway 99E Speed Zone Investigation Results ...................... 8H
Recommended action: Receive Highway 99E Speed Zone Investigation
Results.
Page 2 - Agenda, Woodbum City Council Meeting of May 14, 2001.
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Claims for the month of April 2001 ................................. 8I
Recommended action: Approve claims for the month of April 2001.
Je
Receipt of grant for pedestrian improvement project on Highway 214 .... 8J
Recommended action: Receive report.
TABLED BUSINESS
GENERAL BUSINESS
A.
Council Bill No. 2306 - Resolution entering into a contractual services
agreement and designating Huggins Insurance Services, Inc. as the
City's insurance agent of record .................................. 10A
Recommended action: Approve the resolution.
Be
Council Bill No. 2307 - Resolution providing certain incentives to connect
to the city sewerage system for properties subject to compulsory
annexation .................................................... 10B
Recommended action: Approve the resolution.
Ce
Council Bill No. 2308 - Resolution authorizing the transfer of operating
contingency appropriations during fiscal year 2000-2001 ............. 10C
Recommended action: Approve the resolution.
De
Council Bill No. 2309 - Resolution electing to apply for entry into the
Oregon Public Employees Retirement System Local Government
Pool ......................................................... 10D
Recommended action: Adopt the resolution.
Council Bill No. 2310 - Resolution calling for a public hearing on the
annexation of certain property located on the east side of Highway 99E,
approximately 600 feet south of the Willamette Valley Railroad
(Carcraft) ....................................................
Recommended action: Approve the resolution.
10E
Fe
Council Bill No. 2311 - Resolution supporting an application for a
Transportation Growth Management Program Grant to update
the Historic Downtown Transportation Plan .......................
Recommended action: Approve the resolution.
10F
Council Bill No. 2312 - Resolution supporting an application for a
Transportation and Growth Management Grant to update the City
of Woodburn Transportation System Plan ......................... 10G
Recommended action: Approve the resolution.
Page 3 - Agenda, Woodburn City Council Meeting of May 14, 2001.
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Council Bill No. 2313 - Ordinance amending Ordinance 2157, the
wastewater user charge ordinance ................................ 10H
Recommended action: Approve the ordinance.
Council Bill No. 2314 - Ordinance adopting supplemental findings which
support approval of Annexation No. 98-03, Comprehensive Plan Map
Amendment No. 98-02 and Zoning Map Amendment No. 98-04 for
Annexation, Comprehensive Plan Map and Zoning Map approval
(Woodburu Company Stores) .................................... 10I
Recommended action: Approve the ordinance.
Je
Contract award for Columbia Drive, South Cascade Drive and
a portion of West Hayes resurfacing
improvements ................................................. 10J
Recommended action: Award the construction contract to the lowest
responsible bidder, Parker Northwest Paving Co. for the resurfacing
improvement for Columbia Drive, South Cascade Drive and a portion of
West Hayes Street in the amount of $116,683.49.
Bid Award for aerator/composter unit to Corvallis New Holland, Inc... 10K
Recommended action: Award bid 21-14for an aerator?composter unit to
Corvallis New Holland Inc. in the amount of $16,572.00.
Le
Liquor license application for Full On-Premise Sales license for Su Casa
Imports with special conditions .................................. 10L
Recommended action: Approve a Full On-Premise Sales liquor license
for Su Casa Imports with special conditions as outlined in Compliance Plan.
Me
Acceptance of ODOT pedestrian enforcement grant ................. 10M
Recommended action: Approve acceptance of a grant in the amount
of $18OO from the ODOT Traffic Safety Division.
Ne
Proposal to increase the transient occupancy tax .................... I0N
Recommended action: Direct staff to prepare an ordinance which:
1) increases Woodburn's Transient Occupancy Tas from 6 to 9percent
and 2) dedicates resulting revenues to activities that support tourism
and economic development.
O. Cancellation of May 28, 2001 Council meeting,
11. PUBLIC HEARINGS
City Initiated Annexation ....................................... llA
Recommended action: Conduct public hearing, receive public comment
and instruct staff to prepare an ordinance reflecting Council's decision.
Page 4 - Agenda, Woodburn City Council Meeting of May 14, 2001.
Be
Annexation 00-01 and Zone Change 00-01 - Annexation of a 0.98 acre site
into the City of Woodburn and a zone change from Marion County
Commercial Retail to City of Woodburn Commercial Retail
(Friendly GMC) ............................................... lib
Recommended action: Conduct public hearing, receive public comment
attd instruct staff to prepare an ordinance reflecting Council's decision.
12. PUBLIC COMMENT
13. NEW BUSINESS
14.
PLANNING COMMISSION ACTIONS - These are Planning Commission or
Administrative actions that may be called up by the City Council.
Ae
Partition 01-02, request to divide a commercial parcel located
at 110 Arney Road into two separate parcels ....................... 14A
Be
Site Plan Review 01-05 through 01~08, request to place a temporary
Classroom modular units at Lincoln Elementary School, Heritage
Elementary School, Nellie Muir Elementary School and Washington
Elementary School ............................................. 14B
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
Ae
To consider records that are exempt by law from public inspection pursuant
to ORS 192.660(1)(0.
Be
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).
18. ADJOURNMENT
Page 5 - Agenda, Woodburn City Council Meeting of May 14, 2001.
ODBURN
Incorporated 1889
3F
May 10, 2001
TO: City Councilors
From: Office of the Mayor
Appointments
The following appointments are made, subject to the approval of the Council. Please
forward any adverse comments to me prior to Council Meeting Monday May 14, 2001.
No reply is required if you approve of my decisions.
Community Center Planning Committee
Pamela Kilmurray - Representing the City Council
Sharon Felix - Representing the Park Board
Joan Garren - Homemaker. Formerly office manager of United Disposal.
Representing the community at large
Loren "Butch" Flomer - Representing the Business Community. Has been in the
community for over 35 years. Owner of Flomers Furniture and President of Burlingham
Trust
Flurry Stone - Served on the Pool Committee and is a member of the city budget
committee.
Carmen Rameriz - Representing Farmworker Housing Development Corporation.
She has been involved in community activities for many years.
Patricia Eamons - Representing the Art Community. She is also involved with
Scouting and many other activities.
Kevin Hendricks - Representing Service Clubs. Kevin is also Chief of the
Woodburn Rural Fire District.
David Vancil - Representing the community at large. Has a keen interest to see
that this community has a viable center.
Preston Tack - Representing the Senior Community. Preston has been involved
in many City of Woodburn committees and will bring the senior view to the project.
Melissa Tittle - Representing the Youth of the community. She is currently our
High School Student on the Park Board. She is a senior and will graduate this June. She
has been very active in community activities.
Office of the Mayor
270 Momgornerg Street · Woodburn, Oregon 97071
Ph.503-982-5228 · Fax 503-982-5243
I feel we have a very diverse group here that will bring to
Woodbum the very best product they can come up with.
I thank you in advance for your consideration of these individuals.
R~
the citizens
of
ll¸
WOODBURN
Incorporated 1889
4C
PROCLAMATION
FOR
Public Works Week in Woodburn
WHEREAS, public works services provided in our community are an integral and
necessary part of our citizens' everyday lives; and
IVHEREAS, the health, safety, comfort and economic vitality of this community
greatly depend on the facilities and services such as water, wastewater and other waste
collection and disposal, streets, transportation, etc. and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction are vitally dependent upon the efforts and skills of the
public works officials; and
}VHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments are materially influenced by the people's attitude and
understanding of the importance of the work they perform; NOW THEREFORE
BE IT RESOLVED, that I, Richard Jennings, Mayor of the City of Woodbum,
Oregon, do hereby proclaim May 21-25, 2001 as "PUBLIC WORKS WEEK" in
Woodburn, Oregon, and call upon all citizens and civil organizations to acquaint
themselves with the problems involved in providing our public works and to recognize
the contributions that public works officials make every day to our health, safety and
comfort.
Richard Jennings, Mayor
Public Works Administration and Engineering Divisions
t90 Garfield Street · W~odburn, Oregon 97071
Ph.503-982-5240 · Fax 503-982-5242
WOODBURN PUBLIC WORKS DEPARTMENT
PUBLJC WORKS WEEK ACTIV1T[F_S
MAY 21 - 25, 2001
"WORKTNG TN THE PUBLZC I'NTERESI'"
Monday, May 21 - K/CK OFF
9:00 a.m. - Ribbon Cutting by Mayor 3ennings for bus service route on 23rd
anniversary of Woodbum Transportation Services. Woodbum Transit bus and Dial-a-
Ride service will be free to customers during this week.
Tuesday, H~Y 22
10:00 a.m. - Recognition of contributions by support services with tour of Public
Works Shop.
1:30 p.m. - Tour of projects:
Street Crack Sealing/Resurfadng projects - various locations
Water line replacement - Hayes Street (1~ to 2nd)
Wastewater Treatment Plant
(9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service)
Wednesday, May 23
1:30 p.m.- Planned Final Inspection of Wastewater Treatment Plant
Upgrade/Expansion project by DEQ
(9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service)
Thursday, May 2q
(Time TBA) -- PUBLI:C WORKS EMPLOYEES APPRECL~T~ON Ceremony to Award
the Public Works Employee of the Year.
(9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service)
Friday, May 25
(9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service)
COUNCIL MEETING MINUTES
APRIl. 23, 2001
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, APRIL 23, 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 Absent
Councilor Kilmurray Present
Councilor Nichols Present
Councilor S ifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director
Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City
Recorder Tennant
0038 Mayor Jennings stated that Councilor Figley's surgery went well and she anticipates
returning to Council meetings in May.
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ANNOUNCEMENTS.
A) Woodburn Budget Committee Workshop: The committee will hold a workshop on
Monday, April 30th, 7:00 p.m., in the City Hall Council Chambers.
B) Special Council Meeting: The Council will meet in a special session on Monday,
May 7th, 7:00 p.m., in the City Hall Council Chambers.
C) Public Hearing: At the Special Council meeting on May 7th, the Council will hold a
public hearing on Woodburn Company Stores Phases II and Ill which is a remand hearing
from the Land Use Board of Appeals (LUBA).
D) Public Hearing: The City Council will hold a public hearing on Monday, May 14th,
7:00 p.m., City Hall Council Chambers, on Annexation g01-00 (Friendly GMC).
E) City Council Workshop: A workshop will be held on Tuesday, May 1st, 7:00 p.m.,
City Hall Council Chambers, on the Economic Opportunities Analysis study.
F) Community Center Planning Committee: Mayor Jennings stated that he would like
to make the appointments to the Committee at the first regular meeting in May. To date,
he has received 8 applications and he urged citizens interested in serving on this
committee to contact the Administrator's office.
G) Spa Day at the Woodburn Aquatic Center: On May 6~, this event will be held at
the Center from 1:00 pm to 4:00 pm.. Director Westrick stated that the event is geared
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towards women and there will be massages, manicures, and pedicures. Tickets are
available at the Aquatic Center for $15.00. He stated that this event is held the weekend
before Mother's Day so that families can be together on Mother's Day.
0192
PRESENTATIONS: FIRE AND CRIME PREVENTION TRAILER - ,Jennifer
Kilmurra¥, Woodburn Fire District.
Mayor Jennings stated that the community owes a debt of gratitude to Jennifer Kilmurray
who was instrumental in securing funding for a fire and crime prevention trailer that will
a provide an educational tool for the community.
Jennifer Kilmurray stated that the district had recognized the need for a fire and safety
trailer which provides children with hands-on education to learn fire safety in a realistic
house environment. In the past, the district has borrowed a fire and safety trailer from the
Oregon State Fire Marshal's office, however, the availability of the trailer is limited since
any district can borrow the trailer. Therefore, funds were solicited from various
organizations in order to have a trailer custom-made to deliver the programs that have
been identified as part of the fire and safety prevention program. She stated that the
trailer contains a bench-like seating for a classroom setting, a kitchen for the purpose of
teaching kitchen fire safety, bedroom for the purpose of giving children an opportunity to
practice getting out of bed and crawling low under smoke, and an opportunity to practice
crawling out of a window and down a ladder. This trailer has been designed to provide
multi-programs for different age groups including adults, and work with the Police
Department, Sheriff's Office, and Ambulance to teach saftety/crime preventation
programs at the schools, in neighborhoods and apartment complexes, and local safety
fairs.
Following research on the trailer design, costs, and manufacturers, they found that there
were only 2 or 3 manufacturers that made the trailers on the east coast at an approximate
cost, including delivery, of $48,000. In lieu of purchasing one of these units, the Fire
Department contacted Skyline Industries, located in McMinnville, and a 33' 5th -wheel
trailer was designed to meet the department's needs at a cost of $21,000. The total cost
of the unit, with the necessary fire and crime prevention equipment, was $29,450.
Funding for this unit was provided by McDonald's House charities ($20,000 grant),
Woodburn Together ($1,000), Silverton Hospital Foundation ($1,000), Woodburn Fire
District ($2,500), Hubbard Fire Department ($1,000), Legacy Health Systems ($1,000),
Woodburn Police Department ($1,000), Kiwanis ($500), HOPS ($250), and the
Woodburn Volunteers organization ($1,200). Yet to be completed on this project is the
placement of fire, safety, and emergency service graphics on the outside of the trailer.
Agency agreements will be entered into between the Fire Department and other police
and fire agencies who will be using the trailer. It is anticipated that use of the trailer for
safety programs will begin this summer and it will be used during the next school year to
teach students. She thanked all of the donors for their support of this program.
Page 2 - Council Meeting Minutes, April 23, 2001
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APRIL 23, 2001
PROCLAMATION: NATIONAL PET WEEK - MAY 6-12, 2001.
Mayor Jennings read a proclamation declaring May 6-12, 2001 as National Pet Week and
urged local citizens to take advantage of events planned during this week in conjunction
with this observance.
PROCLAMATION: DIJ~ del NIfO/DAY OF THE CHILD - APRIL 30, 2001.
Mayor Jennings proclaimed April 30, 2001 as Dirt del Nifio / Day of the Child in
Woodbum and urged the citizens to join with all of the children, families, agencies,
organizations, schools, and churches to observe the day with appropriate ceremonies.
PROCLAMATION: CINCO DE MAYO CELEBRATION - MAY 5, 2001.
Mayor Jennings proclaimed May 5, 2001, as Cinco De Mayo Celebration Day in
Woodburn and encouraged citizens to join in the observance of this day, and to take an
opportunity to celebrate the cultural and linguistic diversity that the Hispanic heritage
brings to Oregon and the United States.
COMMUNICATIONS: LETTER FROM A.A.R.P./IRS TAX AIDE
VOLUNTEERS.
Mayor Jennings read a letter from Verla Rogers Harvey, Volunteer Local Coordinator for
the Tax Aide Program, expressing her appreciation to the City for the assistance given
towards their program by allowing them to use the Community Center as a site location to
assist over 300 taxpayers with their 2000 federal and state tax returns. Additionally, they
were able to file returns electronically which reduced the time in which taxpayers
received refunds to within 3 weeks rather than up to 3 months. This tax aide program
serves seniors as well as low to middle income taxpayers regardless of age.
Councilor Chadwick stated that all donations made by recipients of the program were
donated to the AWARE Food Bank.
Jose Romero, Woodbum School District Parent Involvement Specialist, and Mrs.
Lourdes Falcon, PAC Chairperson, stated that they will be conducting their 6th annual Di~
del Nifio/Day of the Child celebration on April 28~h at French Prairie Middle School
between 2:00 pm and 6:00 pm. They invited all families to join in the activities focused
on honoring the children.
CONSENT AGENDA.
A) Council workshop minutes of March 5,2001; Council regular meeting minutes of
March 12 and April 9, 2001; and Council special and executive session minutes of April
12, 2001.
B) Park Board minutes (draft) of March 13, 2001.
Page 3 - Council Meeting Minutes, April 23, 2001
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C) Library Board minutes of February 14 and March 14, 2001; draft minutes of April 11,
2001.
D) Planning Commission minutes of March 8, 2001.
E) Police Department Activity report for February 2001.
F) Building Activity report for March 2001.
G) Planning Tracking Sheet dated April 18, 2001.
H) Library Statistics Report for February 2001.
I) Woodbum Library Activity calendar for May 2001
J) Claims for the month of March 2001.
KILMURRAY/NICHOLS... approve the consent agenda items A through J as presented.
The motion passed unanimously.
1598 COUNCIL BILL 2300 - RESOLUTION CALLING FOR PUBLIC I-W~ARING ON
THE ANNEXATION OF PROPERTY LOCATED ON THE EAST SIDE OF
HIGHWAY 99E BETWEEN LINCOLN STREET AND AZTEC DRIVE.
Councilor Chadwick introduced Council Bill 2300. 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.
The hearing on Annexation Case g01-00 (applicant: Friendly GMC) will be held on May 14,
2001.
1668 COUNCIL BILL 2303 RESOLUTION ADOPTING A SCIENTIFIC
EXPLORATION POLICY TO APPLY WITHIN PARKS AND OTI-IER CITY
1734
PROPERTY; AND TO ESTABLISH A PERMIT PROCESS.
Council Bill 2303 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 2303 duly passed.
COUNCIL BILL 2304 ORDINANCE REGULATING MOTOR VEHICLE,
BICYCLE, AND PEDESTRIAN TRAFFIC WITHINTI-IE CITYI AND R PEALING
ORDINANCES 1904, 2078, AND 2191.
Council Bill 2304 was introduced by Councilor Chadwick. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
Councilor Nichols questioned if this ordinance would change the current 72-hour parking
restriction that applies to motor homes, campers, and boats. He stated that the complaints
expressed by residents in his area are those cases in which the owners park the vehicles on
the street for 72-hours, move the vehicles, then park the vehicles at the same location for
another 72-hours. Police Chief Null stated that the Livability Task Force discussed this issue
as it relates to all vehicles since there are a number of 3-day weekends observed and it is not
uncommon for people to drive their vehicle to work, park their vehicle in front of their
Page 4 - Council Meeting Minutes, April 23, 2001
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residence, and not drive the car again until they go back to work. The Task Force felt that
a 72-hour restriction was reasonable and it would apply to all motor vehicles. The reason for
restriction is to keep the public street from being a storage area for vehicles not being used.
Mayor Jennings stated that he was concerned with seeing the number of vehicles being
parked across the sidewalk and, after discussing this issue with staff, he stated that parking
across the sidewalk is a violation of state law which is why it is not covered under this
ordinance.
Councilor Nichols stated that there have also been complaints made by residents in his area
regarding newspaper delivery persons riding on the tailgate of a pick-up and he questioned
what needs to be done to stop this type of activity.
Chief Null stated that riding on the tailgate is a traffic violation and, if a citizen can identify
the vehicle, driver, and passenger, the department can issue a citation based on a citizen's
complaint. Otherwise, he suggested that the department be notified when the delivery
persons are in the area and an officer will respond to the location as soon as possible and
hopefully stop the vehicle when the violation is taking place.
On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 2304
duly passed with the emergency clause.
2355 COUNCIL BILL 2305 - RESOLUTION AUTHORIZING EXECUTION OF A
POLICE MUTUAL AID AGREEMENT AMONGST VARIOUS MUNICIPAL,
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COUNTY, AND STATE LAW ENFORCEMENT AGENCIES.
Council Bill 2305 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 2305 duly passed.
BID #21-10: MANHOLE REHABILITATION.
Bids for the rehabilitation of 17 sanitary sewer manholes in the downtown area were received
from the following contractors: Gelco Services, Inc., $29,575.00; PEC Inc., $34,950.00; and
TSR Corp, $36,658.00. Staff recommended the acceptance of the bid from the lowest
responsible bidder.
BJELLAND/SIFUENTEZ... award the contract for manhole rehabilitation to the lowest
responsible bidder, Geico Services, Inc., in the amount of $29,575.00. The motion passed
unanimously.
IMPROVEMENT OF HIGHWAY 99E RAILROAD CROSSING.
Staff recommended the City enter into a cost sharing arrangement with Willamette Valley
Railroad to improve the Highway 99E crossing by replacing rails and ties, and by adding a
concrete crossing.
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KILMURRAY/NICHOLS... authorize cost sharing not to exceed $5,000 for the
improvement of the Highway 99E railroad crossing. The motion passed unanimously.
RIGHT-OF-WAY DEDICATION: PARR ROAD/SETTLEMIER AVENUE
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IMPROVEMENT.
Staff recommended the acceptance of a right-of-way dedication from Mrs. Tatiana Strebel
for an additional 11 feet of right-of-way that was used for the placement of the bikelane and
sidewalk in conjuction with the Parr Road/Settlemier Avenue improvement project.
BJELLAND/SIFUENTEZ... accept the right-of-way as described in "Attachment B"
(Warranty Deed) of the agenda packet. The motion passed unanimously.
REQUEST FOR SOUND AMPLIFICATION PERMIT AND CLOSURE OF
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WARZYNSKI PLAZA - MOTHER'S DAY CELEBRATION.
A request was submitted by Salvador Larios, Salvador's Bakery Ill, to receive a sound
amplification permit on Sunday, May 13, 2001, 12:00 pm to 8:00 pm, in order to allow for
a live band performance as part of a Mother's Day Celebration at Warzynski Plaza.
Staff recommended that the sound amplification permit and closure of Warzynski Plaza be
approved provided that Mr. Larios takes the actions outlined in his letter of request dated
March 26, 2001 in order to mitigate problems that have occurred in the past.
Chief Null also stated that the Council give the Police Department authority to close off
Hayes Street from Front to First St., and First St. from Hayes St. to Garfield St. to
accommodate a large crowd if it is necessary.
KILMURRAY/NICHOLS... approve closure of Warzynski Plaza to include street closures
from Hayes St. from Front to First St. and First Street from Hayes St. to Garfield St. if the
street closure is needed, and to approve the sound amplification permit for public use during
a Mother's Day Celebration on Sunday, May 13, 2001, from 12:00 pm to 8:00 pm.
Mayor Jennings stated that he had requested the City Administrator to write a letter to the
Elk's Lodge and other businesses in the affected area to make them aware of the action being
taken by the Council.
The motion passed unanimously.
BID #21-09: NAZARENE PARK ADDITION RESURFACING IMPROVMENTS.
Bids were received from the following contractors for resurfacing various streets in the
Nazarene Park Addition (Myrtle St., Sycamore St., Palm Ave., Olive Ave., Cedar Ave.,
Acacia Ave., and a portion of Willow Ave.): Salem Road & Driveway, $189,155.55; Morse
Bros. $193,235.20; D & D Paving, $197,655.30; North Santiam Paving, $201,629.85; and
Roy L. Houck Construction, $219,871.90. Staff recommended the acceptance of the low bid
which was 13% below the engineer's estimate.
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NICHOLS/KILMURRY... award the construction contract to the lowest responsible bidder,
Salem Road & Driveway, for the Nazarene Park Addition resurfacing improvements in the
amount of $189,155.55. The motion passed unanimously.
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PUBLIC HEARING: CITY INITIATED ANNEXATIONS.
Mayor Jennings questioned if this hearing was quasi-judicial and land use proceedings would
be applicable.
City Attorney Shields stated that this is a legislative hearing under state law and input from
the public is part of the annexation hearing process.
Mayor Jennings declared the public hearing open at 7:46 pm.
Administrator Brown stated that this hearing is being held as a result of Council's desire to
annex all of the various islands that are currently included within, and surrounded on all four
sides, of the City boundaries. The concerns expressed by the Council with having these
parcels outside of the City included 1) planning and delivery of city services, 2) property
owner use of city streets, parks and library without having to contribute to the upkeep of
these services through property taxes, 3) issues of improving the N. Boones Ferry Rd. As
it relates to the City's ability to include these properties as part of the local improvement
district in order to assess costs to all benefitted properties within the project, and 4) ability
to have jurisdiction over properties located along Hwy. 99E that would be part of the Urban
Renewal District boundaries once the Urban Renewal District is finalized. Staff was directed
to move forward with a City initiated annexation process which is allowed under state law.
Under this law, the Council only needs to pass an ordinance to annex the properties and no
public meeting or hearing is necessary, however, the staff did notify all of the affected
properties to invite them to this meeting for public comment. He also stated that staff has
notified the Oregon Department of Revenue of the City' s intention to annex these properties
for the purpose of comment and/or reviewing legal descriptions, however, since the City has
not yet heard back from the Dept. of Revenue, staff is recommending that comments be taken
at this meeting but the hearing be continued until the next regular meeting so that the legal
descriptions can be approved the by Dept. of Revenue. He briefly reviewed the documents
in the agenda packet which included maps of the properties to be annexed, and a brief
financial analysis that indicates that the property tax rate for these parcels would be expected
to increase by approximately $6.0534 per $1,000 assessed valuation and, based on the value
of land involved, there would be approximately $21,000 a year in property taxes generated
while expenses for services to the City are $16,000. Also included in the report are
comments provided by the Public Works department regarding water and sewer services to
these properties.
Councilor Bjelland questioned if the County tax rate is replaced by the City tax rate.
Finance Director Gillespie stated that county taxes would still be collected since they are
used for other sources such as courts, law enforcement, health department and general
administration.
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Administrator Brown also stated that property owners at 2348 Boones Ferry Rd. and 2374
Boones Ferry Rd. did submit letters in opposition to the City Recorder which will be read
into the record during the hearings process in which the Mayor takes testimony from the
public in opposition to the proposed annexation of lands.
3603
Roy Smith, 2580 N. Boones Ferry Rd., stated that he was not in favor of the annexation even
though the City is allowed to annex their land without their consent. He questioned the
Council as to what costs are involved regarding water and sewer since he currently has a
working septic system and a private well and does not want to incur additional bills for
services that he is not receiving.
Public Works Director Tiwari stated that, under federal and state laws, the City is required
to provide water and sewer services to property owners adjacent to the City even if they are
not part of the City since water pollution is a primary concern. The Dept. of Environmental
Quality (DEQ) does require the City to respond to health hazards. He stated that if a parcel
of land is located within 300 feet of sewer service and the septic system on that parcel does
fail, DEQ will not allow the property owner to replace the septic system. Under the City's
current ordinance, which has been approved by DEQ, properties located within 100 feet of
a service main line where the property owner can connect to the sewer line, the property
owner must either connect to the sewer line and begin receiving sewer service within 1 year
of the annexation, or, the City will start to bill the property owner at the regular rate. The
property owner is required to pay the connection fee for collection and treatment system
development. In regards to water service, property owners are encouraged to abandon their
well if they can connect to city water service for the purpose of insuring water quality within
the City's water system. If a well continues to be used by the property owner, they are
required to have a backflow prevention device installed so that bacteria, if any, will not flow
into the City's water system. Property owners are not forced to connect to the City's water
system if they have their own water well. He also stated that the City is willing to work with
all of the property owners interested in connecting to the City' s system and that a payment
plan can be developed with the individual owners so that the fees can be paid over a period
of time.
Cindy Smith, 2580 N. Boones Ferry Rd., stated that their home was built in 1958 and the
reason for their purchasing this parcel of property is because is was close to town and that
it had well water rather than city water. She objected to be forced into accepting an
annexation that she does not feel would be of benefit to them.
Mayor Jennings stated that the City has been remiss in not annexing these properties
previously since state law does require the City to take this action.
Director Tiwaxi reminded the public that the ordinance is in place to protect the underground
water from being polluted. Under the ordinance approved by DEQ, the property owners are
given 1 year in which to make a connection to the sewer system without being charged a
monthly fee. If the property owner elects to continue to use their own septic system after that
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year, they will be charged for the serVice even though they are not using the service. In
regards to water, most property owners are willing to connect to city water if they have a
failure of their water well due to the costs involved in drilling a new well.
Mrs. Smith expressed her concern in paying the additional city property taxes since they do
not see the serVice benefits that they would be receiving from these increased taxes.
Director Gillespie stated that all property owners benefit from city serVices such as parks,
library, and law enforcement and they all share in the cost of providing those services.
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Jack Kohl, 8725 Citizen Dr., Wilsonville, stated that he currently has an application pending
before staff on the annexation of property known as the VanValkenberg site. He questioned
that, if the annexation is approved, the expediency of the City in determining the zoning of
the property.
Mayor Jennings stated that, under state law, the property can be annexed without changing
the zone designation and staff will administer the Marion County zoning provisions until
zone changes are processed for the subject properties. He stated that, to change the zone, the
property owner would have to follow the normal comprehensive plan heating process and
that the 120-day rule does not run on a comprehensive plan change.
Attorney Shields reiterated that the 120-day rule normally applies just to permits and, if you
have a comprehensive plan change with it, the rule would not normally apply.
It was noted that the City is following through on the annexation process and it will be the
property owners responsibility to apply for the comprehensive plan change if they would like
to obtain a change in the designation prior to the completion of the City's overall Periodic
Review process.
Ron and Debbie Monnier, 328 Parr Rd., questioned staff on the following: 1) how staff
determines the 100 foot location from a serVice line and what the hook-up fees are, and 2)
how are sewer rates determined if there is no water usage by the property owner.
Director Tiwari stated that the current hook-up charge to the city system is $2,977 and the
monthly sewer serVice charge for those properties not using city water serVice is $20.20
which is the minimum charge for all properties using city sewer service. In regards to the
connection to a city line, the property owner is required to connect if their property line is
located within 100 feet of a sewer service line. Costs for bringing the service line from the
home to the city service line are borne by the property owner.
Roy Smith expressed his objection to being required to abandon his working septic system
within one year of the annexation.
Victor and Pam Leder, Laurel Avenue, stated that they have their own septic system at this
time, however, it is their understanding that there are plans pending for the installation of
a new sewer line. She questioned if a new water line would be installed at the same time
since the line currently in place which services their home is an old 2" line and they have
very poor water pressure.
Page 9 - Council Meeting Minutes, April 23,2001
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Director Tiwari stated that the City maintains existing water and sewer mains. Problems
associated with the lines from the main to the home are the responsibility of the property
owner and, in the case of water, an undersized line will often cause low water pressure. He
stated that he would look into this particular situation to see what had occurred in the past
and, if necessary, the line would be upgraded. He also stated that any abandonment of a
water or sewer system is the responsibility of the property owner.
Rudy Sonnen, 888 Brown Street, stated that he has been on City water and sewer for over
25 years, however, if he is required to abandon his water well, he will not be able to water
his pasture for his horses. He also stated that the annexation map for his property designates
an incorrect location of the city limits since the county assessor maps show a different city
limits line and he is currently paying city taxes on a portion of the property that the City
claims is land not currently inside the City. Additionally, he has two neighbors that have
split properties like himself who did not receive notice of the hearing based on the
discrepancies in the maps.
Community Development Director Mulder stated that his staff is working on determining the
precise boundaries of the city limits which is one of the reasons for the request to continue
the public hearing.
Director Tiwari stated that, in those cases where there are no water or sewer lines available
and there is an expectation on the part of the property owner that the City will come and
install new lines because of this annexation, this will not occur since expansion of the service
lines are costs borne by the property owners benefitted by the expansion. If the benefited
property owners want to have the service line extended to their properties, a local
improvement district can be formed which will provide the property owners with the ability
to pay for this line extension over a 1 O-year period. He reiterated that the City will pay for
maintenance and replacement of existing city lines whereas they do not pay for the extension
of a main line.
A lengthy discussion was held on this issue and staff will prepare a more detailed report for
the next meeting.
Ray Peterson, 1640 Laurel Ave., expressed his opinion that the City should provide the water
and sewer service to the property owners if the property is annexed to the City. Additionally,
property owners who do connect within the first year should receive a reduced connection
fee.
Tom Gorman, N. Boones Ferry Rd., stated that a sewer service line was installed last summer
down the middle of N. Boones Ferry Rd. and he questioned if he would also have to pay a
portion of the cost associated with that service line installation.
Director Tiwari stated that the property owners only need to pay the connection fee to the
service line since the developers of the properties surrounding the area have already paid for
the sewer line.
Roy Smith reiterated his objection to the connection fees that would be charged by the City
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1146
along with his expense to install the lines from the main line to his house.
Victor Leder also requested information on what streets are being considered for
improvements in which an assessment district would be formed along with the potential costs
to individual property owners.
Administrator Brown stated that he has noted the questions that have been brought up by the
Council and property owners, and staff will be prepared to answer as many questions as
possible at the next meeting. Regarding the question on specific street assessment costs, he
stated that staff would not be able to provide that information at this time, however, during
the local improvement district formation process, that information would be provided to all
property owners benefitted by the improvement. Additionally, staff will bring back for
discussion various City ordinances, rules, regulations and policies for review as it relates to
water and sewer fees.
Administrator Brown read letters in opposition to the proposed annexation from: 1) Stewart
Miller, 2348 N. Boones Ferry Rd, and 2) Lewis & Ronda Nauta, 2374 N. Boones Ferry Rd.
1428
BJELLAND/SIFUENTEZ... continue the public hearing to May 14, 2001 at 7:00 p.m.. The
motion passed unanimously.
Mayor Jennings stated that the hearing on May 14a~ will be re-opened to accept all testimony
and not limited to a specific issue.
1475
PLANNING COMMISSION ACTIONS:
A) Site Plan Rewiew g00-12, Variance 801-14, and Partition g01-01 - Property located
at the southeast corner of Highway 99E and Highway 211 (Applicant: Pacific Realty
Associates, L.P.)
No action was taken by the Council on this matter.
1512
CITY ADMINISTRATOR'S REPORT.
A) Boones Ferry Road/Highway 214 Intersection Improvement Project:
Administrator Brown stated that, last month, staff had provided an initial report on this
project which is included in the City's Capital Improvement Plan (CIP) for fiscal year 2001-
02. Staff had proposed that the project be completed in three phases with the first phase
being completed during the summer of 2001 while students are on summer break.
Councilors had expressed an interest in having the Highway 214/N. Boones Ferry
Rd/Settlemier Ave. intersection improved at the same time. Since this portion of the project
would include the state highway, the City is required to receive ODOT approval of any
improvements. Additionally, the City would like to receive some funding from ODOT rather
than paying all of the costs directly related to the intersection improvements from City funds.
Other issues of concern related to the local improvement district, pending annexations,
extension of costs to properties not part of the compulsory annexation and how costs might
be extended to those benefitted properties. In summary, he suggested that the project needs
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to be taken in total and the area to be improved abutting the school property needs to be
completed at the same time as the intersection improvement. He requested that his staff
report be accepted by the Council and that the bulk of the project be delayed to fiscal year
2002-03 with anticipated completion later next year.
BJELLAND/NICHOLS... accept the City Administrator's report on Boones Ferry
Rd/Highway 214 intersection improvement project and acknowledge delay of this project
until fiscal year 2002-2003. The motion passed unanimously.
B) Direct Link Cable Television Service update:
Administrator Brown stated that the City had received notice from Direct Link informing
customers that monthly rates increased as of May 1, 2001.
MAYOR AND COUNCIL REPORTS.
Councilor Kilmurray requested that the Police Department try to increase traffic patrol on
Highway 99E since there continues to be a problem with motorists going through red lights
at the signalized intersections on Highway 99E.
Councilor Sifuentez stated that the annual School District Music Festival will be held on
April 24t~ beginning at 7:00 pm at the Woodburn High School gym. The public is invited
to attend this event which involves all of the district schools. On April 30th through May 4th,
the district will be celebrating "Back to School" week which gives the community an
opportunity to visit the schools. Interested citizens are encouraged to call the school(s) to
see what is going on that week and to visit on days of interest.
Councilor Sifuentez also stated that "National Volunteer Week" will be held April 22ad
through April 28~h and she thanked all of the volunteers within the City that contribute in any
number of ways. She also encouraged city staff to recognize our volunteers during this week.
Lastly, she informed the Council that she will be providing them with copies of the School
Board Notes so that they will be able to keep up with current issues/actions before the Board.
Mayor Jennings stated that he had received a number of telephone calls from citizens who
are upset when their television screen goes blank during a Council meeting because of the
2-hour programming time frame established by Direct Link. He suggested that the
Administrator discuss this issue with our Cable TV consultant to insure that live programs
continue until they are finished.
Administrator Brown stated that a questionnaire will be sent out with the water bills
requesting customers to complete the customer satisfaction survey questionnaire. This
information will be used by the City in negotiations with Direct Link on the next franchise
agreement.
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2387
ADJOURNMENT.
NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:10 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 13 - Council Meeting Minutes, April 23, 2001
WOODBURN PLANNING COMMISSION
March 22, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Young P
Cox A
Fletcher A
Miller P
Lima P
Mill P
Bandelow P
Lonergan P
Heer A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Chairperson Young provided an opening statement for Public Hearing.
MINUTES
A.~. Minutes of March 8, 2001 Planning Commission Meetin.q (will be available at the April 12,
2001 meetin_~)
Staff explained the minutes are not available at this time because the department secretary has been out
on disability and will not return until April 10n. He indicated they will find a way to get the March 8"~ minutes
for the next meeting.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A.~. City Council Minutes of February 26, 2001
PUBLIC HEARING
A_~. Site Plan Review 00-12, Variance 01-04 and Partition 01-O1, request site plan review approval
of a 57,860 square foot .q rocery store, a 12,000 square foot retail building, a 4,000 square foot
bank, a 2,120 square foot drive-thru restaurant, and a service station as well as approval of
three variances related to si.qna.qe and approval of a partition of the 10.36 acre site to allow
three existing lots to be consolidated into one parcel, located at the southeast corner of the
intersection of Highway 99E and Highway 21'1, Pacific Realty Associates, applicant.
Ex Parte Contacts
Commissioner Lima reported he visited the site. He also indicated he had a brief discussion with some of
the residents of the area regarding the location of the stores but commented he has no bias.
Commissioner Loner.qan announced he and his family have been prior owners of this property. He stated
he sold the property back in 1980 and leased it back for ten years until 1990. Since then he has absolutely
no financial interest in the property and he believes he can be somewhat unbiased on this. Commissioner
Lonergan stated for the record that his personal knowledge is that it has the cleanest soil in the State of
Oregon.
Planning Commission Meeting - March 22, 2001
Page 1 of 10
8B
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
indicated it is a good project and complies with all municipal code requirements and policies. Staff
recommended approval subject to the conditions outlined in the Staff Report.
Commissioner Mill asked if there are any potential lane improvements particularly with the left turn lane in
the southbound traffic area coming down from the Hubbard/Aurora area?
Staff responded he does not believe there are any improvements proposed for the north side of that
intersection. He indicated ODOT's improvement comments includes signal improvements, installation of
a raised median, a deceleration lane for turning right into the site. A full width improvements will be required
along Highway 211 on both sides and there will be some widening of Highway 99E to accommodate the
deceleration lane.
Commissioner Mill commented this is one of the best Staff Reports he has seen to date. He praised Staff
for the excellent job done.
Commissioner Lonerqan inquired what type of signage will be utilized?
Staff answered it is classified as a directional sign. He clarified it is a free-standing sign. Staff stated the
sign will be located on the east side at the 211 driveway. The pylon sign will be located at the intersection
of the Highway. Staff reported there will be three free-standing signs, one being the integrated business
center free-standing sign and the other signs will be the smaller directional signs at the driveway locations.
Testimony by Applicant(s)
Andrew Jones, Pacific Realty Association, 15350 SW Sequoia Parkway, Suite 300, Portland, OR 97224
reported he is the Vice President and in-house counsel with Pac Trust, the developer of the property. He
thanked the City Planning & Public Works Staff for their help and professionalism with this project. Mr.
Jones stated Pac Trust is a Portland based real estate owner, developer and manager. He indicated they
are known as "merchant builders" in which they do not build projects to sell but to hold them. Mr. Jones
explained the Oregon and Washington Public Employees Retirement fund are their limited partners and look
to them to invest their retirement money in real estate. Mr. Jones said Staff has addressed all the issues
as it pertains to this project
~3ommissioner Lima referred to Commissioner Mill's concerns regarding the left turn lane in the southbound
traffic area. He indicated in reviewing the traffic reports contained in the Staff Report, it appears to him that
the area will be a bottleneck.
Andrew Jones replied 20 percent of their trips are estimated to come from that direction. He stated they had
applied to ODOT for a left in access on Highway 99 and due to safety concerns ODOT elected not to grant
that access.
Commissioner Lima inquired why is the applicant leasing and not buying the detention pond? Additionally,
he asked where is the exit located for the tankers?
Andrew Jones responded they are leasing the detention pond for economic reasons. He reported this is a
very expensive site and to date they have spent $700,000 on the storm sewer and quite a bit of money on
consultants. In reference to the tanker exit, he reported the tankers would continue to loop on around behind
the Safeway and then exit out to Highway 99E.
Commissioner Lima also asked when does the applicant plan on starting construction?
Andrew Jones answered they would like to start right away assuming they have Commission approval
without any objections beyond the appropriate appeal period. He mentioned rough grading and utility
Planning Commission Meeting - March 22, 2001
Page 2 of 10
81i
trenching would start as soon as the weather permits. They would like to be able to deliver a buildable pad
to Safeway the l't of July and have them open by late fall. Mr. Jones reported the cost to date for site work
and then go on and grade, put in utilities and provide building ready pads is 3.2 million dollars. He stated
they are projecting about $125 per square foot for the shop building as construction costs. Mr. Jones could
not comment regarding the cost for the Safeway building but indicated Jeff Parker with Safeway would be
able to answer that question.
Commissioner Lima questioned whether the number of Safeway employees will increase or remain the
same over time?
Andrew Jones replied over time there will be an increase in the number of employees due to completion of
the construction of the bank and fast food building. He anticipated that Safeway will be staffed up from the
beginning.
Commissioner Lonerqan asked what is the current size of the present Safeway building? He also inquired
what and how do you get a deceleration lane?
Andrew Jones answered the present Safeway building size is 40,000 feet. He explained a deceleration lane
is a fancy name for a shoulder. He explained it is the part on Highway 211 and also on Highway 99 where
people get out of the flow of traffic trying to slow down and make a turn. Mr. Jones further added the lane
makes a safer movement into the site.
Commissioner Bandelow interjected the Fred Meyer in Canby as an example.
Commissioner Loner.qan also inquired what is a left turn refuge?
Andrew Jones responded they will install double left turn lanes on both Highway 211 and 99 which means
they will be putting in an additional left turn lane to accommodate the traffic generated from the site.
Commissioner Loner.qan expressed his concerns regarding the amount of large empty retail space that
presently exists in Woodburn. He asked if Safeway owns their current store and what are the plans of
leasing that or renting it out to somebody else?
Andrew Jones answered Safeway does not own the building but they have a lease with option periods for
extending the lease out for a number of years. He indicated Pac Trust was involved in a partnership with
Safeway for 12 years where they leased and managed their non-operating real estate. Mr. Jones
commented that situation has changed in the last year and Safeway is doing that in-house.
Commissioner Mill asked in the way that the storm water detention is configured, potentially how deep could
water get in that area and would there be any safety considerations as far as fencing to keep people out of
there?
Andrew Jones replied the system is very conservatively designed in terms of the capacity in the highway.
He asked that Alpha Engineering come up and answer this question.
Mike Van Lieu, Alpha En,qineerin,q, 9600 SW Oak, Portland 97223 reported the water depth at its maximum
capacity will be right at 2 ½ feet. The side slopes of the pond are 1 ft. of fall off for every 3 ft. of length. He
stated there is no plan to fence the pond because it is at a location that they do not expect there to be people
or animals visiting or passing through. Mr. Van Lieu stressed the fact that the pond is very shallow. He
reported there will be some rock from the outlet from the pipe to protect the surface of the slope and pond.
The area in general will be covered with Iow growing, Iow maintenance grass.
Commissioner Mill inquired whether there is the possibility of parking lot run off going into the wetlands
Planning Commission Meeting - March 22, 2001 Page 3 of 10
area? Additionally, he asked if the applicant does not get their rate of return in their investment would this
center be sold to another developer or would the applicant continue and try to make it a go?
Andrew Jones indicated parking lot run off can contain pollutants. Therefore, the parking lot run off will go
through the detention pond and out through the storm drain system. He indicated the roof run off into the
wetlands can help the wetlands vegetation. Mr. Jones commented there is a constant evaluation in terms
of the economics for this project. At this point, they know they can hit a return the partners require. He
mentioned they would be likely to hold on to it because it is a good site.
Commissioner Lima questioned how many fuel pumps will the station have? He also asked if there are
going to be any improvements as far as the merchandise offered by Safeway?
Andrew Jones answered there will be 16 fueling positions. He said typically when Safeway has the ability
to go to a larger format, then they can add departments as depicted in the proto type. Mr. Jones requested
Jeff Parker comment on that issue.
Jeff Parker, 16300 SE Evelyn St., Portland 97015 he commented this would be a question for their retailers
but off the cuff he would say they are going from 40,000 sq. ft. to 58,000 sq. ft. and therefore, there will be
additional departments and sales space. He clarified there will be 8 gas pumps. Mr. Parker stated they
would still control the building they are presently occupying once they move to the new site through the long
term lease they are currently under. He said Property Development Associates would be given that
property by Safeway and they would be in charge of finding the best tenant as quickly as possible so that
it is not an empty shop space. Additionally, Mr. Parker indicated they are not interested in having an empty
shop space because they are the guarantor of the lease. It does not make economic sense for Safeway to
be paying rent for an empty space. He also said Safeway can control another supermarket from going in
the space.
Commissioner Miller was curious to find out how the applicant came up with 16 fueling positions and how
two employees are going to potentially fuel 16 vehicles and take money. He also requested clarification
regarding the employee parking.
Andrew Jones pointed out they are over the code requirement for parking.
Rob Hertz, 3450 Sotel #238, Los An,qeles, CA 90066 stated he would assume that Safeway's standard of
number of employees would be a minimum of two employees. He commented they would implement more
employees if Safeway saw a demand for more employees to serve more customers. Mr. Hertz reported
the hours of operation for the gas station would run concurrent with whatever the present Safeway Store
hours of operation are.
Jeff Parker interjected he does not believe the gas station will run 24 hours. He indicated they have a new
gas station in Mollala and he does not believe the station is running 24 hours but from 6 a.m. to 10 p.m. or
in that vicinity.
Chairperson Young asked Mr. Hertz if the electronic digital sign only registers numbers or does it do other
things?
Rob Hertz replied at this point it only registers numbers and does not do any printed words. He indicated
he does not believe they have any intention of using anything manual.
Andrew Jones reported as a practical matter gas deliveries are going to come via I-5, Hwy. 214, in and out,
they can make a right get back over in the left turn and go back out. He said he does not know of any
suppliers that would need to exit on down to the south. Mr. Jones also commented although he is not sure
how Safeway buys their gas, he has heard it is bought through different suppliers.
Planning Commission Meeting - March 22, 2001
Page 4 of 10
'8B
Testimony by Proponents
Dan Fricke, Senior Transportation Planner, Ore,qon Department of Transportation1 Re,qion 2,455 Airport Rd.
SE., Salem, OR 97301 remarked they have worked for a long time with City Staff and the applicant. He
thanked them both for their assistance and cooperation in working with them to develop the access
solutions for this project. Mr. Fricke stated all of their concerns have been adequately addressed in the Staff
Report and concur with the Staff recommendation. He indicated they reviewed the traffic study fairly
extensively and there is indication based on their analysis that there is sufficient capacity to handle the
additional left turns that may come as a result of this development at that intersection. Additionally, he said
they are not concerned that they will have any capacity problems with that left turn. He referred to the
questions asked about extending the median north of the intersection and commented this is something they
have been looking at just recently based on some safety problems they have been having with the access
to the shopping center where Safeway is currently located. However, Mr. Fricke said it is not something that
they felt they could ask this developer as part of this application to provide as additional mitigation but ODOT
is looking at this problem. In closing, he commented the Staff Report accurately addresses their concerns
and they concur with the Staff recommendation.
Commissioner Mill asked if there is any way ODOT might stripe that area so there is more of a dedicated
left turn and cut the suicide lane off a little bit further north possibly across from the mid-point of Taylor's
Honda and create a larger left turn area there?
Dan Fdcke replied that can be done by striping. He reported they have enough storage length in the
southbound to eastbound left tum lane to accommodate the existing and proposed traffic.
Commissioner Mill and Commissioner Lima expressed their concerns regarding the increase in traffic in that
intersection.
Dan Fricke stated they are going to try to address some things on the northern approach to the intersection
but right now their analysis of the traffic study indicates that it will work with the project based on the
information provided by the applicant and additional information. Furthermore, he informed they are also
adding double left turn lanes for the east bound to south bound at the 99E-211 Intersection and the
northbound 99E to the westbound 214. Mr. Fricke commented the traffic study indicates the need for that
much additional storage space for left turning vehicles. He said this is also the reason for the modifications
to striping and signals.
Commissioner Mill and Commissioner Lima reiterated their concerns that the northbound access is being
overlooked. Commissioner Lima also pointed out they do not want a repetition of what occurred out by the
High School where the end result was the death of two people.
Commissioner Bandelow questioned if there is adequate space for the traffic as it comes from Mollala and
we are not going to have people pulling out and immediately being backed up?
Dan Fricke responded the driveway meets ODOT's minimum spacing standards from the intersection. The
combination of the appropriate spacing along with the dual left turn lanes they believe there will be sufficient
room based on the numbers they have seen. He also stated there are certain things they can do with this
site plan and they have gotten as much mitigation as they can reasonable expect to get within the limits of
what they are able to do and the City's Ordinances and what State law will allow them to do.
Commissioner Lonerqan indicated Commissioners Lima and Mill touched on some of his concerns. He
inquired how are we going to handle the additional traffic impact if for example a large retail store such as
Target were to go into Safeway's present location?
Dan Fricke was unsure of the answer to this question. He stated there is a real strong likelihood that they
would not hear about it until the store was already in because all they would be doing is filling an existing
Planning Commission Meeting - March 22, 2001 Page 5 of 10
storefront. Mr. Fricke said the City might have to issue a building permit for some modifications to the
building but there would not be a hearing process like this. He commented they are looking at some needs
and concems they have regarding 99E on the north side of the intersection. Mr. Fricke said the existing right
in/right out access to the existing Safeway Shopping Center has recently risen to the level in their safety
priodty index system that they are very concerned about because of the number and severity of accidents
coming out of there.
Stan Shelton, 1510 N. Pacific Hwy., Woodburn 97071 stated he is representing the Assembly Hall that is
neighboring the project. He reported they average between 1,000 to 1,200 attendees for their weekend
programs with about 450 available parking spaces. Mr. Shelton asked if they will have access to go into that
median to turn left without stacking up and creating backup in entering? Additionally, if the median is there
and you can't enter the shopping center from that side, would that encourage u-turns in their entrance way?
He requested perhaps a No-U Turn sign be considered. Secondly, Mr. Shelton requested a barrier/privacy
fence be placed between the Safeway and Assembly Hall's property to encourage safety and improve
appearance. He reported in the past months they have had break-ins of cars that have been reported to
the police.
Floyd Lenhardtl Jr., 388 E. Lincoln St., Woodburn mentioned he owns a 5 acre parcel north of this project
that he now leases to Truss T Structures which he is also part of. He stated he does not have any problem
with the proposed building with the exception of the driveway that comes out onto Hwy. 211. He said he has
fiat bed 40-50 ft. semi trucks entering Hwy. 211 which is approximately 100 ft. east of where Safeway's
trucks will be coming out from. He added his trucks arrive/leave between 7 a.m. to 3 p.m. Mr. Lenhardt
commented it would probably work better if the driveway were moved east and give it a bigger area to stack
cars in for the stop light and also for the left hand lane. Otherwise, he feels the project is a good addition to
the community and the area.
Testimony by Opponents
None
Applicant Rebuttal
Andrew Jones pointed out their peak traffic generation periods are 4:15 p.m. to 5:15 p.m. He commented
Mr. Lenhardt's trucks are not coming out of the site during the p.m. peak hours and are not to be considered
a high volume of trucks. He commented this project has been very sensitive to access issues in terms of
being able to get an anchor tenant such as Safeway to come to the site. Mr. Jones remarked they will
certainly work with Mr. Shelton to come up with some sort of buffer in terms of additional landscaping and/or
a fence to address the security concerns. He also referred to Mr. Shelton's concerns regarding the possible
U-turns on his property and commented his suggestion of a No-U Turn sign is a good one. In conclusion,
Mr. Jones stated the grocery store is busiest in the early evening hours which tends not to be the hours the
church is meeting or Mr. Lenhardt's trucks are on and off the site.
Commissioner Loner,qan asked if the median is going to interfere with left turn traffic going southbound going
into the Assembly Hall?
Andrew Jones answered No.
Commissioner Bandelow questioned if there is presently a fence on the south boundary between the church
and the Safeway property? She expressed her concerns that there would be easy access to the wetlands
area if it is not fenced in and secured from their parking lot.
Andrew Jones responded there is a cyclone fence and they also have a significant amount of pines trees
along side there. He indicated Mr. Shelton suggested perhaps a block wall for a portion of the present fence
or an enhancement of the cyclone fence and some more vegetation. Mr. Jones stated they will sit down
and work it out because they want them to be happy.
Planning Commission Meeting - March 22, 2001 Page 6 of 10
8B
Discussion
Chairperson Youn.q closed the public hearing and opened discussion amongst the Planning Commission
members.
Commissioner Mill commented it appears to be a good project and likes the architecture, the way it is laid
out and the site plan. He referred to Mr. Lenhardt's concerns regarding the driveway that comes out onto
Hwy. 211. Commissioner Mill stated he could not in his mind with that level of truck traffic and with the
timetable really justify asking the applicant to move the driveway. However, he indicated he is still
concerned with the northbound access and urged ODOT, if at all possible, to think proactively on that and
take care of the problem before it begins. In closing, he stated it is a great project and should be approved.
Commissioner Miller provided his perspective in terms of the traffic in the Seattle area and Woodbum area
and commented traffic is part of growing pains. He stated it is a nice project and he sees no problems with
it.
Commissioner Bandelow remarked she loves the architecture of the project. She shared some of Mr.
Lenhardt's concerns regarding Hwy. 211 in general. However, that is just part of the growing pains.
Commissioner Bandelow commended the applicant in his cooperation with Mr. Shelton in regards to the
fence issue. Additionally, she indicated the applicant made their case for the need of a Variance and she
has no problems in approving the project.
Commissioner Loner.qan concurred with his fellow commissioners. He said it is a wonderful project and
Safeway has a great reputation Statewide. Commissioner Lonergan felt the signs are needed and will fit
with the design of the building. In closing, he indicated he will vote for the project.
Commissioner Lima said this is a wonderful project and commended Safeway with their cooperation with
the neighbors and especially in keeping the wetlands. He indicated many of his concerns have been
addressed. Commissioner Lima also referred to Mr. Lenhardt's concerns and indicated he thinks the issue
will be taken care of with the double lanes. Additionally, he expressed his concerns with the left turn lane
southbound from 99E onto HWY. 211. He stated he has no problems in voting in favor of the project.
Chairperson Youn,q mentioned the partition to bring the property into one site is a logical step in order for
this project to continue. He remarked his concerns were also addressed by the applicant and has no
problems with the project.
Commissioner Mill moved to approve Site Plan Review 00-12, Variance 01-04 and Partition 01-01 with
conditions of approval as indicated by Staff in the Staff Report and Staff to return at the April 12, 2001
Planning Commission meeting with the Final Order. Commissioner Loner,qan seconded the motion. Motion
unanimously carried.
5 MINUTE BREAK
Annexation 00-01 and Zone Change 00-01, request to annex a .98 acre commercial ~)ro~)ertv
into the city limits and change the zoning on the property from Marion County "Commercial
Retail" to City of Woodburn "Commercial Retail" located at 770 North Pacific Highway, Tony
Miller, a~)l~licant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of this proposal based on the applicable review criteria as well as the findings in
the report and information provided by the applicant.
Commissioner Miller asked what do they do for sewage in the meantime?
Staff referred this question to the applicant.
Planning Commission Meeting - March 22, 2001 Page 7 of 10
8B,
Commissioner Loner.qan inquired what are the plans for the neighboring property as far as Annexation?
Staff replied the property to the north, south and east are not located in the City but in Marion County. She
indicated they do not have any applications from any of the surrounding property owners.
Commissioner Lonerqan also questioned if the only way to get the property Annexed would be through the
request of the property owner and the City can not annex the property?
Staff responded there are three ways to Annex; (1) the applicant can request Annexation; (2) the City
Council on their own motion can annex unincorporated property that is completely surrounded by City
property; and (3) the City Council can call for an election of the owners and tenants of the affected property
to annex.
Deniece Won interjected the only way you can forcibly Annex someone who does not desire to be Annexed
is if it is completely surrounded under the Island Annexation statute. Every other method of Annexing people
ultimately is in the control of the registered voters in the area to be Annexed.
Commissioner Bandelow commented the County has at times refused to give a permit to install new drain
lines to those properties that are within the Urban Growth Boundaries and those outside the City limits. She
stated this forces people to come in. She asked if their only alternative then is to hook up to the City sewer
for lands within the Urban Growth Boundary?
Deniece Won answered in most circumstances lands that are within an Urban Growth Boundary are
developed to such an extent that there is not a possibility for an alternate location for a drain field to meet
the standards so the only viable option is connection to a City's sanitary sewer system. She indicated
Annexation for this is required under City policy. There are LCDC Administrative Rules prohibiting the
extension of public sewers outside of a UGB.
Testimony by Ai3plicant(s)
Anthony Miller, 820 7th St., Gervais 97026 explained the reason for the application is so that they can hook.
up to the City sewer system. He indicated they have two septic systems on the property now, one of which
has failed. Mr. Miller stated the County will not issue a permit to put another one in. Mr. Miller commented
he told City Staff that they will try to landscape the front of the property to spruce it up a bit.
Commissioner Miller asked the applicant what are they using in the meantime?
Anthony Miller explained they funnel everybody to the one restroom that works.
Chairperson Youn.q questioned if the new and used cars are washed on site or do they use a wash rack?
Anthony Miller answered they wash the cars on site with City water. He remarked there is a storm drain on
99E and Blaine Street.
Testimony by Proponents
None
Testimony by Opponents
None
Discussion
Chairperson Youn.q closed the public
discussion.
hearing and opened it up for Planning Commission members
Commissioner Lima remarked he does not see any problems with the application and therefore, will vote
Planning Commission Meeting - March 22, 2001
Page 8 of 10
8B
in favor of the application.
Commissioner Miller commented he went through this with his home and has every bit of empathy and
sympathy with the applicant. He stated he is in favor of the request.
Commissioner Lonergan stated the application makes sense. He indicated he is somewhat perplexed at
why we would allow a piece of property to tie into City water and not be Annexed but we require Annexation
for City sewer.
Chairperson Young indicated he thinks it is appropriate that it is part of the City of Woodburn. They have
been operating their business there since 1948 and are a cornerstone for the community. He stated they
welcome all those properties to join the City rolls. Chairperson Young indicated he favors the project.
Commissioner Loner,qan moved to accept Annexation 00-01 and Zone Change 00-01 with the Staff's
conditions and a Final Order to be presented at the April 12"~ Planning Commission meeting. Commissioner
Lima seconded the motion, which unanimously carried.
FINAL ORDER
A__. Partition 00-06, Variance 01-01, Variance 01-02 and Lot Line Adjustment 01-02, request to
subdivide a .8 acre parcel into three lots located at 1690 Laurel Avenue, Robert L. En.qle,
applicant.
Commissioner Loner.qan moved to accept the Final Order for Partition 00-06, Vadance 01-01 and Lot Line
Adjustment 01-02. Motion was seconded by Commissioner Lima. Motion carried with Commissioner Mill
and Commissioner Bandelow abstaining from voting because they did not attend this hearing.
DISCUSSION ITEMS
Commissioner Bandelow requested clarification regarding when a motion is made at a Public Hearing the
Commission moves to approve the applications and instruct Staff to prepare a Final Order to that effect.
Deniece Won replied she presumed that is correct. She clarified what determines when the Commission
makes a final decision is a matter of law. LUBA and the courts will say the final decision is made when you
sign the document that contains your findings and facts criteria and conclusions. What is done before that
is a directive statement of your future intentions. Additionally, she reported the verbal decision made at the
prior hearing is a tentative decision and a direction to Staff of what to put in the contents of that final
document. People could shift positions during the discussion. You could have positions change between
the hearing where you verbally give an opinion and the second hearing when you adopt the document.
Commissioner Lima commented what the Commission is really doing is rubber stamping the decision made
at the prior hearing if the Final Order concurs with the directions given to Staff.
Deniece Won remarked she hesitates and refuses to utilize the word "rubber stamping" in the sense that
it implies that the Commission has no ability to modify its preliminary decision.
Commissioner Miller questioned whether several Commissioners might change their minds between that
time?
Staff interjected there have been situations where there were only four Commissioners that made an action
and then five more can come to the next meeting who might have voted differently.
Commissioner Loner,qan asked in that situation would we have to open it back up to a public hearing again
since the Final Order would not be approved in this case?
Staff replied they could not bring in any new evidence but they could deliberate, change their decisions and
modify conditions.
Planning Commission Meeting - March 22, 2001 Page 9 of 10
8B
Deniece Won mentioned she is relatively new with the City Attorneys Office and this is her second
attendance to the Commission meeting. She stated they are in the process of evolution to try to give the
Commission more support. Deniece said this whole topic is not anything she has discussed with Bob
Shields nor with Jim. She suggested it would be better for them to do a little brainstorming about it because
there might be some other administrative ways to eliminate the possibility of this time delay and having
different people at the different meetings that would potentially be making different decisions.
The Commission concurred with the Assistant City Attorney.
Commissioner Miller questioned whether it is ok for him to vote on a Final Order if he was not present at the
hearing but familiarized himself with the information?
Deniece Won replied affirmatively. She said he may vote if he read the Staff Report from the meetings, the
Final Order and the minutes and read any particular evidence that came in during the hearing process
and/or talked to someone who was present at the meeting.
Commissioner Lima requested clarification regarding the erosion control permit.
Staff explained the National Pollutant Discharge (NPDES) Federal permit for storm water erosion control
that is required for all construction projects over 5 acres in size. He indicated they require water quality
controls and fencing so that while you are grading the erosion does not go off into a stream and kill salmon.
There was discussion amongst the Commissioners and Staff regarding wells.
Deniece Won suggested we return with this subject at a later meeting because she also has questions
regarding why there is a condition regarding a well if there isn't any evidence that the condition existed so
why do we need the condition. Secondly, the presence of a well on a property might be a property right and
she wonders if we have the ability to require someone to remove that. Deniece commented information
needs to be gathered regarding this issue.
Commissioner Lima complimented Staff's work on the Staff Reports.
REPORTS
None
BUSINESS FROM THE COMMISSION
ADJOURNMENT
Commissioner Lonerqan moved to adjourn the meeting. Commissioner Lima seconded the motion. Motion
carried.
JIM,CO'X,'ACTING C/HAIRPERSON
Jim Mulde~/ Date'
Communit)~ Development Director
City of W~o'odburn, Oregon
DATE
Planning Commission Meeting - March 22, 2001 Page 10 of l 0
WOODBURN PLANNING COMMISSION
April 26, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Vice Chairperson
Cox presiding.
ROLL CALL
Chairperson Young A
Vice Chairperson Cox P
Commissioner Fletcher A
Commissioner Miller P
Commissioner Lima P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Commissioner Heer A
Staff Present:
Naomi Zwerdling, Senior Planner
Scoff Clark, Assistant Planner
Vice Chairperson Cox announced Chairperson Young had a family emergency and could not attend tonight's
meeting. He therefore will chair the meeting tonight.
MINUTES
A. Minutes of March 22, 2001 Planning Commission Meeting
Commissioner Mill moved to approve the minutes of March 22, 2001 Planning Commission meeting as
written. Commissioner Bandelow seconded the motion. Motion carried.
B_=. Minutes of April 12, 200t Planning Commission Meeting
Commissioner Loner,qan moved to approve the April 12, 2001 Planning Commission meeting minutes which
was seconded by Commissioner Lima. Motion carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
Staff reported the March 26"~ City Council meeting was canceled due to lack of a quorum. She stated the
minutes for April 23r" City Council meeting should be available for the next Planning CommissiOn packet.
PUBLIC HEARING
A.~. Annexation 01-02 and Zone Change 01-02, request to Annex 1.5 acres of commercial property
and change zoning from Marion County Commercial General to City of Woodburn Zoning
Commercial General (CG) located at 220 S. Pacific Hwy., Doug Templeton,
Ex Parts Contacts
Commissioner Mill informed he has been a client of Mr. Templeton and is familiar with the site. It was his
feeling that this would not influence his decision making abilities.
Commissioner Fletcher also reported he has had dealings with this company to the point he could not, in
clear conscience, vote. He excluded himself from the panel for this item.
Planning Commission Meeting - April 26, 2001 Page 1 of 3
Additionally, Commfssioner Loner.qan said he has sat on many committees and associations with Doug
Templeton and considers him a friend. Commissioner Lonergan stated he does not have a bias towards
this project but left it up to the Commission to decide if this would be a problem.
Commissioner Bandelow commented it would be difficult to find anyone in this town who hasn't had some
contact with the applicant.
Vice Chairperson Cox indicated he too has done business with the applicant but feels this does not create
a disqualification on his part.
Commissioner Lima also has done business with Mr. Templeton but it will not affect his decision regarding
this projecL
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of this application considering the property has been part of the community for many
years, is within the Urban Growth boundary and is a permitted use under the Comprehensive Plan
designation.
Vice Chairperson Cox requested clarification to the definition 'optional use".
Staff explained there are a few conditions under 'optional use" which are basically catered to automotive
facilities. He further clarified the property needs to be paved if its adjacent to a residential area, that there
be buffering and landscaping and that work is conducted within the building.
Commissioner Bandelow inquired if the property north of this project put them in line to be forced into the
City limits because they would be bordered on three sides?
Staff replied not in this situation. He explained the only time they are forced in is when it is an island
surrounded on all four sides.
Testimony by Apl~licant(s)
Do~Jq Templeton, 7401 NE DoRrid.qe Rd., Newber.q, OR stated his business is located on 220 S. Pacific
Highway. He commented the main reason for the Annexation request is for the water service. Mr.
Templeton said he has no problem with the conditions of approval contained in the Staff Report. He also
noted that Agri-Frozen would not give them permission to hook up to the sewer line because of the
bankruptcy Agri-Frozen is going through.
Testimony by Proponents
Gwen Templeton, 7401 NE Doqridqe Rd., Newber.q, OR reported she is Doug Templeton's wife, owner of
Woodbum Carcraft. She stated Doug has worked very hard for this and hopes the Commission would
approve this application tonight.
Testimony by Opponents
None
Discussion
Commissioner Mill commented he sees no problems with this application and he would be voting in favor.
Commi$~;ioner Lima moved to approve Annexation 01-02 and Zone Change 01-02 with the conditions
contained in the Staff Report and that Staff return with proposed findings and a Final Order at the next
meeting. ~ommissioner Lonergan seconded the motion, which unanimously carded.
Planning Commission Meeting - April 26, 2001 Page 2 of 3
"8B
FINAL ORDER
A__=. Comprehensive Plan Map Amendment 01.01, Zone Change 00.02 and Site Plan Review 00-28,
request for a comprehensive plan map amendment for the subject site from Residential < 12
units per acre to Residential > units per acre, a zone change from RS (Single Family
Residential District) to RL (Limited Multi-Family Residential District), and site plan review of
60 multi-family dwelling units, located south of the intersection of Country Club Road and
Patriot Street, KWDS, applicant.
Commissioner Mill referred to Goal 12 - Transportation contained on page 6-7 of the Order and asked Staff
if it is relevant to include 'children" or are we just including pedestrians in general?
Staff replied this can be added since it was a Commission recommendation.
Vice Chairperson Cox recommended it read 'However, the Planning Commission has concems for the
safety of pedestrians (including students from the nearby schools)...
Commissioner Mill moved to accept the Final Order for Comprehensive Plan Map Amendment 01-01, Zone
Change 00-02 and Site Plan Review 00-28 with the inclusion of the language of the condition contained in
Goal 12 Page 7. Commissioner Loner,qan seconded the motion. Motion unanimously carried.
Commissioner Bandelow abstained from voting because she disqualified herself at the headng.
DISCUSSION ITEMS
Commissioner Mill asked if the Woodburn Company Stores project is awaiting decision from LUBA?
Staff answered it is still in that position. She reported it had been scheduled for the City Council meeting
that did not have a quorum and has now been rescheduled to another meeting.
Commissioner Lima referred to case file number SPR 01-04 and inquired where is the property located at?
Staff responded it is the vacant lot located north of the Woodburn Dental Clinic.
REPORTS
A.~. Planning Proiect Tracking Sheet (Revised 4-18.01 )
B._=. Building Activity for March 2001
BUSINESS FROM THE COMMISSION
ADJOURNMENT
Commissioner Mill moved to adjourn. Motion was
unanimously carried. Meeting adjourned at 7:35 p.m.
seconded by Commissioner BandeloW. Motion
APPROVED
ROYCEYOUNG, CHAIRPERSON
DATE
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - April 26, 2001 Page 3 of 3
8B
WOODBURN PLANNING COMMISSION
April 12, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson Young A
Vice Chairperson Cox P
Commissioner Fletcher A
Commissioner Miller P
Commissioner Lima P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Commissioner Heer A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Vice Chairperson Cox announced Chairperson Young is on vacation and therefore, he will chair tonight's
meeting.
MINUTES
A. Minutes of March 8, 2001 Planning Commission Meeting
*Commissioner Lima moved to approve the minutes of March 8, 2001 Planning Commission Meeting as
written. Commissioner Loner.qan seconded the motion. Motion carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A.~. City Council Minutes of March 12, 2001
PUBLIC HEARING
A.~. Comprehensive Plan Map Amendment 01-01, Zone Change 00-02 and Site Plan Review 00-28,
request for a comprehensive plan map amendment for the subject site from Residential <12
units per acre to Residential >12 unites per acre, a zone change from RS (Single Family
Residential District) to RL (Limited Multi-Family Residential District), and site plan review of
60 multi-family dwelling units, located south of the intersection of Country Club Road and
Patriot Street, KWDS. aoDlicant.
Vice Chairperson Cox provided an opening statement for Public Hearing.
Ex Parte Contacts
Commissioner Bandelow recused herself from this hearing due to an admitted bias.
Commissioner Miller reported he had discussions with some neighbors on Astor way but he did not discuss
anything other than listen to what they had to say about the complex. He also declared he lives in Senior
Estates. He indicated nothing that was said would sway him one way or another on this project.
Commissioner Loner.qan stated he has been on this property. He said his wife's uncle was a prior owner of
this property. When the property was sold neither his wife or himself received remuneration for this.
Planning Commission Meeting - April 12, 2001 Page 1 of 10
8B
Commissioner Lonergan commented he can be unbiased towards this project.
Commissioner Lima said he visited the site and observed the traffic flow pattem for several nights.
Vice Chairperson Cox mentioned he has driven by the site many times. He has not made any specific site
visits with connection to this pending application. He reported he received a telephone call from Bob Day, a
friend of his, a couple of months ago before it was set for public hearing. Vice Chairperson Cox indicated he
did not talk to him about the merits of the situation. However, he did call his friend when the public hearing
was announced to tell him that he should go down and obtain a copy of the Staff Report.
Commissioner Mill stated other than driving by the site he has no involvement with the project.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of the applications subject to the conditions of approval listed at the end of the Staff
Report.
Commissioner Mill requested clarification regarding the 20 ft. height requirement that is being enforced and
asked how is the 20 ft. being measured?
Staff responded there is a Zoning Code standard that indicates the average height of the building roofs. She
stated the applicant has averaged out the roof heights to meet the 20 ft. height requirement. Staff explained
a building can be over 20 ft. in height as long as it is within that average.
Vice Chairperson Cox requested an update regarding the status of the Periodic Review and updating as
required by law for the Comprehensive Plan.
Staff reported there are still quite a few tasks that remain to be completed. He stated they are proposing
completion at this time by July 2002. Comprehensive Plan Goals and Policies will be updated based on the
adoption of several new items, i.e., new Development Code, Economic Opportunity Analysis and the
Transportation Systems Plan. Staff said updating of the Comprehensive Plan Goals and Policies should
commence this coming late winter.
Vice Chairperson Cox asked if the City Council has taken any official action on the consultant's report
regarding the Buildable Lands Survey or is it simply a document that is ultimately going to be incorporated
into whatever happens with the Periodic Review on the Comp Plan?
Staff replied it has not been officially adopted or officially incorporated into the Comprehensive Plan by the
Council and it is still, at this point, just a report.
Testimony by Applicant{s)
Jack Kohl, KWDS, P.O. Box 145, Wilsonville, OR 97070 thanked Staff for theirwork on this project. He stated
he concurs with the report and are prepared to carry out all of the conditions contained in the Staff Report.
Testimony by Proponents
None
Testimony by Opponents
Julie Asbury, P.O. Box 1596, Wilsonville reported she is the owner of the property located at 1328 Aletha,
Woodburn in Henry's Farm. She stated she is testifying for her own concerns, as a representative of the
Henry's Farm Home Owner's Association and most importantly, for the concerns of the three current home
owners and the two future home owners whose land is next to the proposed development and last for the
homeowners and future home owners along Goose Creek. Ms. Asbury believed the balance of the Staff
Report may need to be reviewed before this document is used for or against any decisions on this project
because portions of the Staff Report and the petition submitted contain exact wording verbatim and/or contain
Planning Commission Meeting - April 12, 2001 Page 2 of 10
8B
the same idea stated in slightly different words or order. She indicated the greatest concerns for the
homeowner's on the south border of the proposed development are the values of their property and the daily
disturbances associated with higher density family housing. The value of the single family residences
bordering the proposed development and the surrounding properties will be substantially lowered.
Additionally, she reported noise levels from multi-family units are generally far greater and unacceptable to
single family residences. She pointed out vehicle noises include chirping car locks, doors slamming, engines
starting and/or rewing, warming up, car stereos and finally the vehicle leaving ddving off the property and then
the reversed scenario when it returns. Noises associated with the higher density of people include friendly
and not so fdendly conversations in the parking lot, occasional arguments and parties, daily trash disposal and
the booming noise and vibration of a garbage truck very eady Tuesday morning. Ms. Asbury stated if the
proposed development is built, the combination of the existing buildings along with the new buildings would
hold over 300 persons in an area less than 6 acres. She indicated the infrastructure of this area does not
support a density of that level. Furthermore, nine lots on Bernard Street would be next to 250 parking spaces.
Ms. Ashbury also expressed concerns regarding the impact of the development on Goose Creek. She
commented the Park in Senior Estates, the small park on Garfield and Settlemier and the golf course are not
compatible to the needs of older children which leaves school grounds or surrounding neighborhood for kids
to hang out. Additionally, she said the traffic study that was submitted by the petitioner addresses only the
impact of the increased traffic on the four intersections surrounding the property and does not address
problems associated with the lack of sidewalks in the surrounding area and the potential for another disaster
similar to what occurred at Woodburn High School. She believes the data submitted in the traffic report is
inaccurate. Ms. Ashbury remarked it is her understanding that the change from RS zoning to RL zoning was
originally intended for a retirement residence many years ago and by some oversight the zoning did not legally
return to RS as it should have. In closing, she asked the Commission on her behalf and Henry's Farm
subdivision residents deny the request for zone change.
Vice Chairperson Cox entered as part of the hearing record documents submitted by Ms. Asbury as Exhibit
uS11'
Ellen Bandelow, 1246 Robert St., Woodbum informed the Commission she is President of the Henry's Farm
Homeowner's Association, an Associate Broker with Prudential Real Estate Professionals and a member of
the Woodbum Planning Commission. She addressed the concerns of the owners of the Henry's Farm and
Heritage Park subdivisions. Ms. Bandelow commented Mr. Kohl was able to build on Country Club Road due
to an oversight on the part of the City that occurred at the time another project was proposed and the zoning
was left in place although everyone had thought that it had reverted. Although the complex is very nice, clean,
well maintained and very well run, it is located in the very heart of what is one of the best areas to live in
Woodburn. Ms. Bandelow's concerns included, property re-sale value, rear lot lines and buffer zones and
children safety at Goose Creek. Additionally, she reported you reduce the value of the residences when you
bring an apartment building in next to a Single Family residence. She asked the Planning Commission not
to compound the problems that have already been created by the first building complex and she requested
not to double the impact on this area. Ms. Bandelow commented the only benefit of this Zone Change is to
Mr. Kohl because the adjacent homeowners will lose, the City will further compromise the livability of one of
it's finest areas.
Mike Grub, '1254 Mayanna, Woodburn stated his concerns with this development going in is the additional
runoff going into Goose Creek. He mentioned during heavy rains they get a heavy volume of water coming
down Goose Creek which is his back yard. In addition to the heavy volumes, Mr. Grub also expressed his
concerns with the surfaces surrounding the apartment complexes with car antifreeze and oil dripping from
cars and people who wash their vehicles and leave soap residues. He indicated these drippings run off with
the rain into the storm sewer system that runs right over to Goose Creek creating an environmental concern
on the creek and runoff waters that end up going into the Pudding River and through the rest of our
waterways. Mr. Grub further stated it becomes an unhealthy situation for children who are ending up in the
creek looking for frogs and playing in the water with the additional pollutants in the creek.
Robert Day, 1032 Stanfield Rd., Woodbum reported he is the Vice President of the Board of Directors and
Planning Commission Meeting - April 12, 2001
Page 3 of 10
1~ T
8B
Chairman of the Community Relations Committee of the Woodburn Senior Estates Board of Directors. He
complimented City Planning Staff for the report compiled and submitted for this project. However, he
expressed dissatisfaction with the conclusions and recommendations made by Staff. Mr. Day commented
the parcel of land known as Village by the Green had a different zoning identification than the surrounding
properties and rather than facing litigation, the City Council chose not to correct that error. He hoped the
Planning Commission and City Council would strive for consistency in their decision making process and
retain the present RS zoning of this property. Additionally, Mr. Day stated whomever conducted the traffic
impact study did not contact any of the residents living along Astor Way, Rainier Road, Princeton, Country
Club Road or seniors who use bicycles or walk along the streets within the Senior Estates. He presented
several written comments and a petition with 254 valid signatures to the Commission reaffirming their
opposition to the project.
Documents submitted by Mr. Day were entered as part of the hearing record as Exhibit "7".
Wade Anderson, 2589 Patriot St., Woodburn reported he is on the Board of the Heritage Park Homeowner's
Association. He commented it is surprising to him to see an additional egress added on to Country Club even
though the zoning allows for 10 ft. He further stated most cities do not allow egresses that close together with
something like this project. Mr. Anderson cited various complaints and issues: complaints regarding people
that do not live in that neighborhood using the park and staying late at night; litter dumped in the
neighborhood, vehicles use their neighborhood as a short cut if they are coming off or going onto Boones
Ferry Rd., hazards with cars parking adjacent to his development on the grass and children safety.
Furthermore, he commented there are many benefits from having single family dwellings continuing in their
area. In closing, Mr. Anderson asked the Commission to deny this proposal for change.
Scott McFadand, 1390 Independence Ave., Woodburn he reported there have been about 40 police calls to
this apartment complex in the last year. He stated there are many other uses for this site and suggested it be
converted to a park. Mr. McFarland also urged the Commission to deny this request.
Ro~:ler Mathis, 1810 Astor Way, Woodburn he stressed he does not like the fact that Woodburn has grown
so rapidly over the past 10 years and higher density housing tends to make things grow a little faster.
A. C. Bakken, 1350 Dogwood Dr., Woodburn mentioned he has lived in Senior Estates for 11 years. He
stated it was a mistake to put in the existing apartment units and requested not to compound the problem now.
Mr. Bakken suggested single family dwellings be built instead. He said Boones Ferry Road is a very narrow
two-car road and to add more traffic to that seems totally unrealistic. He advised the Commission members
to turn down this application request.
Seth Defoe, 1548 Arlington Ave., Woodburn said the house he lives in butts up to Country Club Rd. which is
right across from the existing apartment complex. He noted the traffic coming out of the apartment complex
is extremely loud and constant. Mr. Defoe pointed out there are vehicles exceeding the speed limit on Country
Club Rd. He disagreed with the applicant's comments regarding the community has changed in that area
which should be a reason to have high density housing because everything is single density in that
neighborhood. Moreover, Mr. Defoe disagreed with the comments that the lot is difficult to develop because
of the lot shape. He remarked he is a cartographer and has mapped subdivisions all over the State and said
the argument that because of the shape of land that it could only be used best in this way is not logical. In
closing, Mr. Defoe stated the proposed project will be detrimental to the community and petitioned the
Commission to turn it down.
Vice Chairperson Cox asked Staff what is the frontage of the property along Country Club Road?
Staff replied it is approximately 150.99 feet.
James Atkinson, 1219 Henry's Blvd., Woodburn he stated there is no need to change the zoning because it
is already zoned RS-Residential Single Family. He commented the Henry's Farm Planned Unit Development
Planning Commission Meeting - April 12, 2001 Page 4 of 10
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enhances the welfare and convenience of this applicant. However, to buy a piece of property next to the
applicant does not enhance the new property owner. Mr. Atkinson further stated to justify this proposal as
being for the public good makes it a frivolous proposal and flies in the face of and betrays every citizen of
Woodbum who uses their property in conformance with the zoning he or she has. He questioned what good
are Zoning Ordinances, Comprehensive Plans and rules and regulations if we can, at a whim, reduce them
to naught.
An.qela Bischoff, 1376 Adin,qton Ave., Woodburn provided the Commission with Police scans for the Village
by the Green apartments for the dates of January 1, 2000 thru the present day. She reported the substance
of these calls for service vary greatly from Hedtage Park compared to Village by the Green apartments. The
apartment complex generated calls such as assault, theft from a motor vehicle, complaints regarding traffic
and parking, multiple thefts from vehicles, party disturbances, assaults and menacing.
As where Heritage Park calls include harassing phone calls, residential alarms going off, thefts from motor
vehicles, barking dogs, ordinance complaints and assist to the public. She pointed out the incidences that
are happening at the apartment complex are of a more serious and criminal nature. Ms. Bischoff requested
the Planning Commission deny the expansion of these apartment complexes.
Vice Chairperson Cox entered the Police Department pdntout provided by Ms. Bishchoff into the hearing
record as Exhibit "8".
Melon¥ Handran, 1440 Independence St., Woodburn announced she is on the Board of Directors for the
Heritage Park Maintenance Association and is representing 125 of her neighbors. She voiced concerns that
Single Family and Multi-Family zoning are not compatible together. Ms. Handran stated the decision to
change the zoning in this area would decrease their property values, increase traffic and decrease the quality
of life within their neighborhood. She asked the Commission to take into consideration the 125 of her
neighbors when making this decision to oppose the zone change.
Ellis Chadwick, 1251 Bernard Dr., Woodburn said his property faces the south end of the proposed property
with the zone change. He communicated the zone change will reduce the value of his property and if the
zoning does change he will hold Woodbum accountable.
Stephanie Johnston, 1281 Bernard Dr., Woodburn reported her property backs right up to the existing
complex. She indicated she could attest to the noise i.e., garbage trucks, car alarms, automatic clickers that
open car doors, people leaving their cars running to warm up every morning, fights, loud music, voices and
laughter. She stated having a 17 foot buffer does nothing for that. Additional complaints included, garbage
thrown over her fence into her yard, immense traffic in and out of the complex, upper floor units are able to
look into their back yards, adults walking through the vacant lots, children walking through back yards and
garden areas. She urged the Commission to vote no on this proposal.
10 MINUTE BREAK
Applicant Rebuttal
Jack Kohl stated when they finished Phase 1 of their project they asked to be allowed to finish the
improvement on their side of Country Club Road and put in the sidewalks. However, the City requested that
they not and are again requesting that they not because they want to put together one unified construction of
Country Club. Mr. Kohl reported it is his understanding that the process is underway to improve Country Club
Road from Astor over to Boones Ferry Road. Additionally, Mr. Kohl commented they buried very large culverts
that are sealed off on each end and have orifices in them to allow just a certain amount of water to go out over
time and suspect the same will be done for Phase 2. In addition to that, they put in a device (oil/water
separator) that removes oils out of the water before it is released and goes downstream. Mr. Kohl called Ben
Airman, Land Use Planner with the company that helped put together this report to answer some of the
Commissioner's questions.
Commissioner Lima questioned Mr. Kohl why not use this site for a different type of housing unit?
Planning Commission Meeting - April 12, 2001 Page 5 of 10
Jack Kohl deferred this question to Mr. Rehder, owner of that property.
Commissioner Miller commented higher income people rent in higher level rental areas and lower income
people rent in lower income levels. He asked Mr. Kohl where does this project fall in that area?
Jack Kohl replied their existing and proposed complex are probably in the higher end of the multiple family
projects in the City of Woodburn.
Ben Altman, Urban Solutions, P.O. Box 4063, Wilsonville, OR 97070 countered the statement made that the
zoning on the current Village by the Greens apartment complex was a mistake. He reported that property has
been zoned RL for well over 20 years. The City has gone through a full planning process and
acknowledgment of their Comprehensive Plan and subsequent Periodic Review. Mr. Altman indicated during
that time, over the past 20 years, the City has never considered changing the zoning on that property. He
stated if the property is determined by public decision to be RL zoning, it is not that difficult to conclude that
the property next door is also similarly situated and should be at least considered for that same zone.
Mr. Airman commented they did address the cdteda that is set forth in the Comprehensive Plan and
specifically focused on the changes that have occurred in this community in terms of the demographics and
demand for Multi-Family land versus Single Family. He stated the demand for this type of housing is at a peak
evidenced by the Iow vacancy rates and you have a situation where the supply of Single Family housing is very
high. Moreover, Mr. Altman addressed the setback issue and added the 17 feet complies with the code
provisions. In response to neighbor concerns, he stated the buildings were oriented to the south side as
opposed to the parking lot which provides a better buffer of sound and control and the units are designed with
no windows facing the south side.
Dennis Rehder, 1640 E. Lincoln Rd., Woodburn, OR explained he bought the property with the understanding
that it was zoned Multi-Family and has owned it for approximately 5 years. It was during Mr. Kohl's previous
project that surfaced an opinion that it reverted to Single Family when Grace Village did not get built back in
the 1980's. Mr. Rehder mentioned he had visited City Hall to inquire about the property before he pumhased
it. He remarked a former member of City Staff recommended that he contact Mr. Kohl because their
development is a very nice, well kept and well designed development. Mr. Rehder informed the sale of this
property is contingent upon approval of the project.
Commissioner Lima asked Mr. Rehder if he has considered to use the property for anything but these types
of apartments? Additionally, he questioned if there is a manager on-site for the existing complex.
Dennis Rehder replied No. He stated Mr. Kohl owns the apartment and he owns just the bare land.
Commissioner Lima asked Mr. Kohl who administers the apartment complex and what type of applicant
screening is done?
Jack Kohl answered it is a family operation and he has an office group that does the accounting. Fred and
Cindy Carpenter are full time resident managers on the property. He explained the entire rental industry has
gone to a fairly standard screening method that includes when a perspective resident first ardves they are
asked to fill out a document that is sent to a third outside party that does a series of checks that include credit,
criminal history and background. Mr. Kohl stated there are a series of rules and regulations that renters are
subject to in their complexes and if they violate those they have a method by where they give them notice.
There have only been four renters evicted from the complex thus far.
Commissioner Lima commented although he is impressed by how neat and clean the complex looks, he is
not impressed by the Police Reports generated for the complex.
Jack Kohl commented the crime rate anywhere has to be addressed.
Ron Naif, Proiect Designer, 18641 SW Benfield, Lake Oswego, OR 97035 addressed the question asked
Planning Commission Meeting - April 12, 2001 Page 6 of 10
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regarding the height of the building eave. He reported the height of the eave along the south property line is
approximately 17 feet and the peak is 23 feet. Mr. Naif explained the height of the building is measured from
the finished grade to a point half way between the ridge and the eave.
Carl Berkey, ATIP En.qineerin.q stated he did some of the work on the traffic study that was presented tonight.
He indicated when you build houses the number of cars increase. When the study was done, they looked at
four intersections (County Club and Astor, Boones Ferry and Country Club, Boones Ferry and the Highway
and Astor and the Highway). Mr. Berkey reported all of those intersections are functioning at acceptable
levels. He indicated it is not difficult to get through those intersections either now or in the future when the
construction is completed. However, he said the Astor Way intersection at Highway 214 does not function
well but does function acceptably at this point and will continue to function at that level in the future.
Vice Chairperson Cox commented it is easy enough for traffic engineers to predict what is going to occur.
However, he asked Mr. Berkey if he is aware of any studies that show the difference in service levels between
pre-Village by the Green construction and today?
Carl Berkey answered he does not have this data because they were not part of that Phase.
Commissioner Mill requested to hear some information from City Staff, Randy Rohman concerning what the
proposals are for improvements on Country Club Road.
Randy Rohman, City of Woodburn Public Works reported there is a proposal for a local improvement district
for Boones Ferry Road, Highway 214 to the north City limits that encompasses roadway, drainage, curbs,
gutters, sidewalks and bike lanes. He stated there will be a five lane section near the schools narrowing to
a three lane section to a point where it approaches the north City limits where it will narrow down to a two lane
section. Aisc included in that project is improvement to Country Club Road from Boones Ferry Road to Astor
Way which will include a two lane improvement with bike lanes, sidewalks, curbs, gutters and storm drainage
improvements. Mr. Rohman stated the intent is that the project be completed in phases over the next two
years. He mentioned Mr. Frank Tiwari, Public Works Director provided an informational presentation to
Council on these projects. Project will be financed from a combination of sources that are already in place
as well as a local improvement district that will provide some of the funding. He indicated a non-remonstrance
agreement has been signed by Mr. Kohl for Village by the Green, the developers of Heritage Park, vadous
Tukwila developments that will provide part of the funding. The City portion of funding is in place through a
combination of system development charges, fund exchange agreements with some potential participation
from the State of Oregon for signal improvements at Highway 214. Mr. Rohman indicated Country Club
improvements would be part of the project and phased in but the intent is that the entire project be done over
the next two years.
Jack Kohl interjected a traffic study was done for the Village by the Green Phase 1 project but they had no
way to mark the vehicles to identify what happens with their vehicle movements versus all of the other things
that have happened with the subdivisions.
Commissioner Lima asked when will construction start if this project is approved?
Jack Kohl responded they would begin the working drawings after approval by the City Council. He guessed
construction would probably start late Fall or next Spring. Improvements at the intersection would probably
be done by the time this project is completed.
Barb Pugh, 1460 Willow Ave., Woodburn, OR said she is a real estate broker with John L. Scott Real Estate.
She stated she conducted research for Mr. Kohl and she found that as of January 1, 2001 there were over
1,200 lots that were planned for subdivisions of which 700 lots remain. Ms. Pugh commented the highest and
best use of that land would be for Multi-Family.
Chad Juranek, P.O. Box 145, Wilsonville, OR 97070 provided a copy of a police report print out dated January
1,2000 to January 1,2001 that was given to him directly by the Woodburn Police Department. He mentioned
Planning Commission Meeting - April 12, 2001 Page 7 of 10
8B
the report shows there were 28 reports for Heritage Park, 69 reports for Henry's Farms and 31 reports for
Village by the Green.
The report provided by Mr. Juranek was entered into the headng record as Exhibit "9".
Fred Carpenter, 1200 Country Club Rd., Villa.qe by the Green, Woodburn, OR clarified the shooting occurred
within the Village by the Green complex was a suicide. He remarked Village by the Green along with other
apartment managers throughout the entire City of Woodbum work hand in glove with the Woodburn Police
Department. Mr. Carpenter reported the Police Department bestowed the complex with the honor of
Enhanced Property Apartment Complex after completing training for the managers as well as the people living
in the complex.
Ty Wyman, Stoel Rives, 900 SW 5th, Suite 2600, Portland, OR 97204 said he is an attorney on behalf of the
applicant. He reiterated the system is set up very clearly to evaluate each application based on the criteria
that are set forth in the code. He pointed out issues such as what is in the best interest of the property is
certainly not a criterion nor impact on property value or crime rate. Mr. Wyman stated the key criterion is need
and it seems that vacancy rates are the clearest indication of the need of Multi-Family in this location. Vice
Chairperson Cox asked if there was anyone in the audience who spoke as an opponent who wants to say
something related to Randy Rohman's testimony that the improvement on Country Club Road is scheduled
to take place and they anticipate it will be done in a couple of years?
Preston Tack, 2197 Camelia Way, Woodburn, OR said it is his understanding that the improvements could
take as long as four years at least. He added whether or not Country Club Road is finished depends upon
whatever decisions are made subsequent to that presentation.
Ellen Bandelow, 1246 Roberts St., Woodburn, OR remarked if Country Club is going to be improved to Astor
Way this will provide sidewalks and a better driving pattern in that short distance but it still will not effect the
28.75% traffic that is coming out of the apartment building now and going through and out of Senior Estates
as a shortcut. She stated it may increase the traffic but certainly will not alleviate it.
Vice Chairperson Cox closed the public hearing.
Discussion
Commissioner Mill stated the developers raised a lot of valid points but so did the members of the audience.
He said livability is a key issue and one of the foundations of the Comprehensive Plan. Commissioner Mill
remarked the number of people united in opposition is something that has an effect on his decision. He
agreed there is a need for Multi-Family housing in Woodburn. However, the issue whether this is an
appropriate site for that Multi-Family housing is one that he questions at this point in time. He feels there are
other options for this property more in keeping with the surrounding area.
Commissioner Lonerqan commented going by the current development he is real impressed with what they
have done and he thinks this would be a continuation of that and would be a good asset to Woodburn.
Nonetheless, living in Woodburn for over 40 years and knowing what went on when Senior Estates was put
in, this is not what was in the long range plans. He stated there is a reason why there are no sidewalks in
Senior Estates. Commissioner Lonergan said Senior Estates is a very unique development and this would
greatly effect the overall enhancement of what we have built in Woodburn. He remarked he looks at livability
and adding traffic on Boones Ferry Road, Astor Way or Country Club Road is not what we need. He stated
he will vote against this project.
Commissioner Lima said it feels quite logical to him to extend to the same type of neatness in construction.
He expressed his concerns regarding the traffic even though the widening of Boones Ferry Road may coincide
with the completion of the project. Additionally, the lack of sidewalks in the area would increase the potential
for injury with the increase of people in the area.
Planning Commission Meeting - April 12, 2001 Page 8 of 10
Vice Chairperson Cox remarked although he concurred with fellow Commissioners he does not think those
are the most important reasons why he thinks this is not the time orthe place to build this apartment complex.
Vice Chairperson Cox recounted he was not on the Commission nor actively involved with the controversial
decision that occurred when Village by the Green went in. He was asked, at that time, if he would lend his
support to oppose the project and he declined because it was on the Comprehensive Plan for that use and
it was already zoned correctly. The City ultimately approved the project despite the fact it made a lot of
people unhappy. He indicated he does not think the Comprehensive Plan should be changed because he
does not believe the criteria has been met. According to the Buildable Lands survey, there is enough Multi-
Family property already designated as such on the Comprehensive Plan to meet its future needs. In closing,
Vice Chairperson Cox stated the applicant has not proved there is a need for more multi zoned property at
this site at this time. He concluded with saying he will vote against it.
Commissioner Mill added we are creating a really bad safety situation for school aged children who will be
walking to nearby elementary and middle schools onto a street and major intersection that has no sidewalks.
He further commented although the complex is a good looking one, they have to consider the aggregate and
he will therefore vote No.
Vice Chairperson Cox seems like we have a pretty good consensus here. If I want to say one more thing
because the Staff is going to have to prepare findings to back up whatever we do. And I would like to say that
at least I am not at all persuaded that... Well, one of the reasons for changing a Comp Plan is if there was
a mistake originally. I see no evidence of a mistake. Another thing to be taken into account in allowing it
would be if there has been a change in circumstances. I see no change in circumstances that effects this
property uniquely from anyplace else in Woodburn. It is true that right now and the current economic situation
there is a surplus of single family lots that are available or are not being sold or not being built. But that
doesn't mean that just because the single family houses are not selling, single family lots are not selling that
you therefore must change the use of single family property to allow something else to go in. That is simply
a matter of the laws of economics are going to tell you when the time is dght to build and maybe is simply not
the time to build on that property. If apartments are the only thing that they can, at this time, can make money
on, maybe the property ought to sit vacant as it has for the last 100 years. And I don't see any change in
circumstances is what I'm saying. Of course the town has grown. But that was anticipated in the
Comprehensive Plan so that's not a change in circumstance. It doesn't deviate from what was originally done
in the Comp Plan. Those are the kinds of things I think we need to include in findings.
Commissioner Lima moved to deny Comprehensive Plan Map Amendment 00-01 and instructed Staff to
return with a proposed Final Order containing necessary findings to support the Commission's decision.
Commissioner Mill seconded the motion. Motion unanimously carried.
Commissioner Lima moved to deny Zone Change 00-02. Commissioner Miller seconded the motion which
unanimously carried. Vice Chairperson Cox commented he does not believe that the criteria for a Zone
Change has been met any more than the Comprehensive criteria have. He added a need for this particular
site to be re-zoned has not been shown. We do know that there are a lot of undeveloped Multi-Family
property already correctly zoned in the City.
Commissioner Lima moved to deny Site Plan 00-28. Motion was seconded by Commissioner Miller. Vice
Chairperson Cox stated he believes the only reason for denying this application is the fact that the underlying
foundation has not been met. He indicated he would have no objection to the plan if the other factors were
not present. Commissioner Lima and Commissioner Mill also remarked it is a great plan. Motion unanimously
carried.
5 MINUTE BREAK
FINAL ORDER
A-- Site Plan Review 00-12, Variance 01-04 and Partition 01-01, request site plan review approval
of a 57,860 sq. fl. grocery store, a 12,000 sq. fl. retail building, a 4,000 sq. ft. bank, a 2,t20 sq.
Planning Commission Meeting - April 12, 2001
Page 9 of 10
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ft. drive-thru restaurant, and a service station as well as approval of three Variances related
to signage and approval of a partition of the 10.36 acre site to allow three existing lots to be
consolidated into one parcel, located at the southeast corner of the intersection of Highway
99E and Highway 211, Pacific Realty Associates, applicant.
Commissioner Lonergan moved to accept the Final Order for Site Plan Review 00-12, Variance 01-04 and
Partition 01-01 as written. Commissioner Lima seconded the motion which carried. Vice Chairperson Cox
abstained from voting because he was not present at the meeting and did not read what was presented.
B._=. Annexation 00-01 and Zone Change 00-01, request to annex a .98 acre commercial property
into the city limits and change the zoning on the property from Marion County "Commercial
Retail" to City of Woodburn "Commercial Retail" located at 770 North Pacific Highway, Tony
Miller. a~)~)licant.
Commissioner Lima moved to accept the Final Order for Annexation 00-01 and Zone Change 00-01. Motion
was seconded by Commissioner Loner.qan. Motion carried.
DISCUSSION ITEMS
None
REPORTS
A_. Planning Proiect Tracking Sheet (Revised 3/29/01)
BUSINESS FROM THE COMMISSION
ADJOURNMENT
Commissioner Mill moved to drop items 7, 8 and 9 from the agenda and moved to adjournment.
Commissioner Loner.qan seconded the motion which unanimously carried. Meeting adjourned at 10:30 p.m.
APPROVED JI~ERSON
Jim I~ulder,
Co~mj~nity Development Director
City ~/Voodburn, Oregon
Date
Planning Commission Meeting - April 12, 2001 Page 10 of 10
8C
MINUTES
Woodburn Recreation and Parks Board
Regular Monthly Meeting
Tuesday, April 17, 2001
7:00pm
City Council Chambers
1. The meeting was called to order at 7pm by Janet Greenwell.
Role Call
Members present: Janet Greenwell, chair; Richard Hammond, Member; Patricia Watts,
Member; Herb Mittman, Vice Chair.
Staff present: Randy Westrick, Director; Brian Sjothun, Leisure Services; Jennifer
Goodrick, AA.
Members absent: Frank Anderson, Member; Sharon Felix, Member, Melissa Tittle,
Member.
3. Approval of Minutes from March 13, 2001 meeting.
A motion to accept the minutes as written was made by Herb Mittman.
The motion was seconded by Richard Hammond
The motion was passed unanimously.
4. Business from the audience: there was none.
5. Business from the Director
Division Reports
1. Leisure Services Division.-Kristi Davidson spoke about this years baseball and
soft ball leagues, with over 225 participants from ages 2 to 14. In cooperation with Woodburn
Together, we will offer an adult mens league next season. Summer camp 2001 will offer 8
weeks of fun for kids age 5 to 13. The program will employ 25 part timers, and a brochure will
be mailed to every household in Woodburn on 4/30. Sports Festival is set for 8/18 and they are
looking for volunteers. Drop-in centers are continuing to do well. Overall numbers are steady,
but the number of children utilizing their time to do homework continues to increase.
2. Aquatics Division. -A report was provided in the packet. Kathy Willcox on
vacation.
3. Parks Maintenance. & Facilities - John Pitt gave an update on the progress of
Phase 2 of the Centennial Park Project. Sewer system, irrigation system and trees are in place.
Bids for electrical and concrete work are in and work will begin soon. Community Garden has
Page 1 of 5
8C
been tilled and staked and is ready to be planted, and park restrooms are open. Woodburn Eagle
had a good turn out for the Easter egg hunt in. Thanks extended from the department to the
Eagles for their work and clean up. Flowering bulbs were due in part to over 900 hours put in by
volunteers. Randy said that tomorrow about 30 middle school kids will be volunteering for
Caesar Chavez day.
6. Hermanson III Wetlands Mitigation Project Workshop
Paul Sedoruk of the Luckey Co. introduced himself, reported on the results of the
workshop held on April 5 with the neighbors. He handed out a preference sheet (included in
packet) to each participant, asking what was wanted and not wanted in the neighborhood. Gave
results to board. Most people did not objected to a wooded corridor and forestation in
moderation as long as there wasn't a dense undergrowth. Nicely wooded yes, dense thicket no.
Paul then redesigned the site plan (included in packet) without thicket type foliage, and more
open space and flowering shrubs. Concentrated plants closer to the creek and away from
property lines. Also created the ability for light "ponding" since most people were positive to
the idea. Security issues were addressed at the meeting. Grass buffer of 25' from property lines
incorporated. Open space meadow land space was doubled from the original plan. Paul then
held up both the first plan and the second side by side, showing the changes.
Mel Schmidt said he wanted to see a plant list. Paul listed some of the plants that he would use.
Mel raised again the concerns about flooding. Paul assured him that he had a letter from
engineering that the plant material will not cause any flooding. Mel said he'd like a copy of the
letter. Janet read aloud the part of the letter that concerned flooding. Penny Tischendorf asked if
they were still planning to dredge out the creek. Paul said that some earth would be moved,
about 3000 cubic yards. Richard asked if this would alleviate the flooding concerns. Paul said
that it wouldn't raise them, and that it would increase capacity by 3000 cubic yards. Randy said
that this project was not intended to alleviate 25, 50 and 100 year flood issues, but that the plan
would not make them worse. Mel then led a discussion about flood insurance with his neighbors
in the audience. Mr. Tischendorf spoke about the problems that could have been avoided if the
Board had consulted the neighbors. Penny then gave her thoughts from the workshop,
specifically that the police officer attending was concerned about the plan for dense underbrush.
Paul said that many of the trees to be planted would be more willowy and twiggy than those
originally selected. Richard Hammond brought up other problems with thickets and Janet
assured that everyone that all thicket had been removed. Janet was concerned that there wasn't a
plant list, but Paul assured her that garden type shrubs would be used. Richard thanked Paul for
his work, Janet thanked the neighbors for their input. Janet called for a decision and Mel asked
to make another comment. He expressed concerns about the plants that would be used, that they
would not make for a secure area. Paul explained what kind of trees would be used and why.
Randy asked Paul to describe the conditions and obligations that the Luckey Co would have to
DSL on this project. Paul told that they would have to maintain an 80% survival rate for 5
years. Said that he usually plants twice as much as would be needed. A neighbor asked what
responsibility the company would have if the plants were too shrubby and if there were flooding
problems. Paul said that would be a legal issue, but that developers have been and would be held
responsible if it could be proved they cause the problem. Penny stated that she thinks the
Recreation & Parks department should have a master plan for all of the greenway before we just
improve one section.
Page 2 of 5
8C
Randy assured the Board and the audience that the city would still maintain ownership of the
site, and that the DSL said this week that the site was an excellent candidate for this type of
project. Also reassured the neighbors that since the project wouldn't lower the elevation of their
homes, which is what FEMA concems itself with, that this project would not cause anyone to be
required to purchase flood insurance.
Janet then discussed with the Board that she thought they were ready to vote as to whether they
should send the project to the City Council. Randy relayed the time line of the project thus far
and stated that all we have to decide is if this is an appropriate use for the park. Said that it
would be great to have a master plan for the greenway, for Settlemier, for Legion and for all of
our parks. Herb Moved that the Board recommend this project to the City Council and requested
that a master plan for the greenway and other parks be pursued. Pat seconded the motion and the
suggestion for a master plan. The motion passed unanimously.
7. EMERGENCY ACCESS/LEGION PARK:
Randy gave a summary of the project, over viewing what was in the packet. This proposed road
would be used as an emergency access only and would go through Legion Park. Randy stated
that the Board was being asked to make a recommendation to the City Council. Randy said that
while researching this proposal, he found that the City has a contract with the National Park
Service, and we could be in violation of that contract if we allowed this. We would have to
replace every square foot of land that we converted from outdoor recreation space if we pave this
road.
Mr Kohl pointed out the property on a map. He said that when they spoke to the previous City
Planner a few years ago they were told that they only needed one access road, and that through
214. They then prepared plans and presented them to the city. At that time they were told they
would need 2 access roads, and that one of them could be an emergency access only. Now, he
states that the planning department is interpreting the ordinance that the road would hae to be
full access. Said the problem with this site is that there is an ODOT problem with getting
another access, because there was an access once upon a time that has now been vacated-Mr
Kohl believes that it is the gravel road in Legion park. There was a meeting with The Kohl Co.,
planning and engineering, which Randy was brought in on. ODOT has said they would appraise
the land as is now, then as if it had secondary access; the difference being paid to ODOT.
Property owners-Van Valkenbergs were not interested. Two other possibilities were offered,
including improving the road in Legion park. Randy asked Mr. Kohl to clarify the access road
he was envisioning, since Randy was told that it would be for emergency access only. Mr Kohl
said the ordinance was not specific that the road could be an emergency access only. Randy
stated that he would be absolutely against the road being used for anything other than emergency
access, if access were to be granted at all. Chad Yuranek said that he was unsure of the
requirement, but hoped that the board would recommend to Planning that the access be granted
on the condition only that the road be used as emergency access. Richard asked for some
clarification, then Chad proposed that they will improve the road from Queen city Blvd in
through Legion Park to 214. Janet expressed concerns about safety issues, even if the road only
be used for emergencies. Discussion ensued about the problems anticipated with any access, and
Page 3 of 5
the uncertainly of what would be needed. Janet asked if we could get clarification before voting
3 weeks from today at the next meeting. Patricia Watts asked Randy how soon we could find
out about the National Park Service about our obligation to them. Randy said it might take
awhile, as long as 6 months. John Pitt said that they had the same problem in Settlemier Park,
taking away open space when they put in the Drop in center and had to replace 1600' of open
space. Paving removes open space. John said since the entrances and exits will be permanent,
also since the back portion gets so much use, that the problem will be with the road being used
as a parking lot. Fire department has a problem keeping the fire lane open. Richard stated that
he lives near this park and is concerned that safety security and parking will have to be addressed
for the park if the proposed development coms to fruition, that the road isn't enough. Richard
asked what development was being proposed? Chad replied 150 unit multi family housings.
Richard said that there are already mobility problems all around this park and that this proposed
access road isn't nearly enough for the development and would compound these other problems.
Chad said that there are recreation areas planned for the apartment complex. Chad asked if the
interpretive center that the City hopes to put in the park would have to be replaced as open space.
Randy said that an interpretive center has different rules than access roads, drop in centers and
such, since it enhances the park visit by interpreting historic events that happened in the park. A
Kohl consultant said that they might be able to provide the space that needs to be replaced. Janet
restated that would not move to vote on this issue until they had an authoritative interpretation
of the ordinance. Mr Kohl said that they need to do some more research. Randy will provide the
language from State Regulations so they could know what would criteria would need to be met if
this proposed road was approved.
8. 2001-02 CAPITAL IMPROVEMENT PROGRAM
Budget committee will consider our CIP on 4/30. Randy highlighted the report given to the
Board. We will be applying for a grant to expand and repair playgrounds, and to build
playgrounds closer to sports fields and picnic areas. Randy is also working on a matching grant
for the skatepark, and plans to hire a consultant to help with design soon. The greenway project
will add approximately $75,000 of value to that park. Randy reiterated that master plans need to
be done for all the parks and will add an element to the CIP to reflect that. A Community Center
is a top priority during the next two years, therefore there is $10,000 budgeted to continue the
process of getting a new Community Center. The CIP reflects our approach to planning and
spending. For instance, Centennial Park has no design work planned, since we're doing that this
year. The North Front Street Park neighborhood committee is moving ahead, raising funds for a
tot lot, writing to Woodburn Together to ask for assistance, and Randy is helping them apply for
a $2500 grant.
9. Future Board Business:
There was none.
10. Board Comments: There were none, but John Pitt invited the Board to get out and see the
work being done at Centennial Park
Page 4 of 5
8C
11. Adjournment-meeting was adjourned by Janet at 8:50pm
Page 5 of 5
8C
MINUTES
Woodburn Recreation and Parks Board
Regular Monthly Meeting
Tuesday, May 8, 2001
7:00pm
City Council Chambers
1. The meeting was called to order at 7pm by Janet Greenwell.
Role Call
Members present: Janet Greenwell, Chair; Herb Mittmann, Vice Chair; Sharon Felix,
Member; Richard Hammond, Member; Melissa Tittle, Member; Patricia Watts, Member
Staff present: Randy Westrick, Director; Kathy Willcox, Aquatics; Brian Sjothun,
Leisure Services; Jennifer Goodrick, AA.
Members absent: Frank Anderson, Member;
Approval of Minutes from April 17, 2001 meeting.
A motion to accept the minutes as written was made by Herb Mittmann
The motion was seconded by Patricia Watts
The motion was passed unanimously.
4. Business from the audience: there was none.
5. Business from the Director
A. Division Reports
1. Leisure Services Division.-Brian Sjothun refuted the myth that the Drop-in
centers will not be operating next year. The Drop-in centers will be run out of Washington and
Lincoln elementary schools.. Also have implemented a fitness program with Woodbum
Nautilus. These are for-fee programs available for the Drop-in center participants. Would like
to include golf and other activities in the future. Centennial Park hosted 18 adult soccer teams
last weekend with no parking problems or any glitches whatsoever. Looking forward to hosting
a Cinco de Mayo event at the park next year. Joe Pardo is the Leisure services nominee for a
Friend of the Parks award. Joe was instrumental in getting soccer leagues established in this area.
He is also involved with Willamette Valley Soccer and various other youth programs.
2. Aquatics Division. - Sunday was Mothers day spa day. Almost 80 tickets were
sold and participants and staff had a great time, with lots of food, a good turnout and a beautiful
day. Washington 4t~ graders started lessons last week. Group lessons and private lessons are
also going strong. Pool pretty busy these days. A Water Safety Instructor class begins this
Sunday, 6 of 8 participants are working at the pool this summer. Another lifeguard training class
Page 1 of 3
8C
will be held in June. Donna Gramse is the Aquatics nominee for a Friend of the Park Award.
Donna teaches water fitness on a volunteer basis several times a week and was very helpful with
Spa Day.
3. Parks Maintenance. & Facilities - John asked Randy to report significant
progress at Centennial park. Sidewalks at the parking lot are done. Security lighting is going
up right now. Plaza is 75% complete. Park just looks super. All the work should be complete
by 8-18-01, which is the same day as Walt's Run, and a host of other sports events that weekend
as part of Sports Fiesta. Also working on design for ADA access at heritage park and will be
building ramp in the very near future. The Community Center now has a roof that doesn't leak
and new doors. That building is now secure. Working on irrigation system at Burlingham park
since a grant has been received from the Burlingham Trust. Will be having final interviews with
design groups for the skate park and will be making a recommendation to the Council at the next
Monday meeting.
B. Hermanson III Wetlands Mitigation Project Workshop Update-possibility of
developing a fishery at the Hermanson Pond if the lake is deep enough. Paul Sedoruk will make
a presentation to the Council on June 11.
C. Legion Park Emergency Access Easement Update. No more info at this time.
Developer in holding pattern while ODOT and Community Development wait for each other to
provide information.
D. Friends of the Parks Nominations-Part of July celebration of Parks month.
Nominations will be presented to Council on 7-9-01.
6. WOODBURN BARRACUDA SWIM CLUB PROMOTIONAL PROGRAM
A. Swim Club Presentation. Dave Armstrong introduced himself as the parent President
of the Barracuda Swim club as this is his first opportunity to speak to Board. The Cuda Club is
parent driven and owned by its members. Last year they had only 25 members. Currently have
55 kids on the team. They have made a competitive impact on swimming in Woodburn.
Operating costs are higher than other sports teams because the coaches are professionals. The
Club sponsored a swim clinic last summer and over 100 kids show up. Now the Cuda Club is in
partnership with the Aquatic Center. This Memorial Day weekend they will host the second
annual swim clinic which will costing $4 to participate. Kids of all skill levels are invited and
encouraged to come out and swim and learn and improve. Six thousand bilingual flyers were
sent out last week. Although they are a private non profit group, they love the swimming pool
and love working with the staff to be mutually beneficial for the community. Proposed is a
banner program in which businesses can participate. The banners would have business names on
it, expressing their support for the community. The main function of this program is to keep
swimming affordable for our community. Our participants pay less than half of what
participants in other communities must pay. The Club is also looking into financial aid
programs for our participants. Melissa asked when they plan to begin this program, Dave replied
as soon as possible. Vendors will have to follow design guidelines. Dave shared that people
come from all over to look at and swim in our beautiful pool. Randy seconded this phenomenon
Page 2 of 3
8C
of establishing a Recreation & Park district in communities by starting with a pool. We are very
proud that Woodburn is leading the way for. Richard Hammond moved to recommend to the
staff that they support this program. Janet Greenwell and Melissa Tittle simultaneously
seconded the motion, which then carried unanimously. Dave announced that on JUNE 1st the
Cuda Club will have a potluck at the Community Center at 6 pm. Sharon Felix asked for copies
of the Cuda Clubs' schedule of events be distributed to the Board so that they can come out and
support the swim team.
7. Future Board Business:
A. Board Agenda Items. Hermanson Wetlands Project to go to the Council on June 11.
Herb Mittmann asked about the Community Center. Randy replied that a group will be Convened
soon to design and locate a proposed community center. Sharon Felix asked if they were going
to look at newly built centers and centers under construction in other towns and cities. Randy
said yes, the mayor has requested that the board and any advisory committee do that as part of
the planning process..
10. Board Comments: Randy asked if the board would like to have some meetings in the parks.
They did that last year and it would be nice for the board to see the changes. Next meeting will
be at Centennial park
11. Adjournment-meeting was adjourned by Janet at 7:38
Page 3 of 3
cITY OF WOODBURN
Community Development
81)
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
Date:
To:
From:
Subject:
May 1, 2001
Jim Mulder, Community Development Director
Building Department
Building Activity for April 2001
(503) 982-5246
1999 2000 2001
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 19 $1,680,771 4 $497,314 10 $1,151,790
Multi Family 0 $0 0 $0 0 $0
Residential Adds & Alts 3 $59,000 5 $84,000 3 $18,000
Industrial 0 $0 0 $0 0 $0
Commercial Value 0 $0 0 $0 0 $0
Signs, Fences, Driveways 2 $1,450 2 $10,126 0 $0
Manufactured Homes 2 $121,365 0 $0 1 $60,000
TOTALS 26 $1,862,586 11 $591,440 13 $1,229,790
July 1 -June 30
Fiscal Year To Date $26,682,982 $27,332,632 $13,926,346
I:'~Community Development~Bldg~Building Activity~Building Activity - 2001~activity - April 2001 .wpd
8~
r T
], 1r
City of Woodburn
Police Department
STAFF REPORT
270 Montgomery Street Woodburn, Oregon 97071
Date: April 24, 2001
From: ~aul NulL. Chief of Police
To: Mayor and Council
Thru: John Brown, City Administrator
Subject: Police Department Activities - March 2001
(503) 982-2345
~8F
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 I:
Z~
ACTIVITIES
Woodburn Public Library
8(;
MAY
200t
JUNE
1,8,15,
22,29
2,9,16,
23,30
Tuesday Night at the Library, 6:00 - 7:00 P.M.
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 de Mayo", Saturday, Making banners in Youth Services the
week before Cinco de Mayo. (traditional Mexican crafts)
Spanish Storytime, Saturdays, 11:30 A.M., Youth Services area
5,12,19,
26
6
6-12
7
9
14
16
Last day for the OMSI "Light and Color Traveling Science Exhibit"
National Pet Week, The Woodburn Veterinary Clinic is doing
Wednesday's (May 9t~) 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
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, "Fitness and Exercise", presented by Tamara
Hammack-Ryan, Wednesday, 12 Noon, Carnegie Room
Brown Bag Lunch, "How to Avoid Fraud, presented by David Bernatz,
Wednesday, 12 Noon, Carnegie Room
CLOSED: Sunday and Monday, Memorial Day Holiday
Internet Training, Fridays and Saturdays, 8:30 - 10:00 A.M.
23
27 & 28
1,2;8,9;
15,16;22,23;29,30
MAY I JUNE 2001 ACTIVITY LIST
JUNE
2,9,16,
23
4
5,12,19
6,13,20
13
18
26
27
Spanish Storytime, Saturdays, 11:30 A.M., Youth Services area
Friends of the Library Meeting, Monday, 2:30 P.M. Carnegie Room
Tuesday Night at the Library, 6:00 - 7:00 P.M.
Preschool Storytime, Wednesdays, 10:30 A.M., Multi-Purpose Room
Library Board Meeting, Wednesday, 12 Noon, City Hall Council
Chambers
Book Discussion Group, Monday, 10 A.M., Carnegie Room
Summer Reading Program Sign Up beginning Monday, June 18
"Read A Wild Tale"
Reptile Man, Tuesday, 2 pm, Community Center
Craft Day, every Wednesday, 11AM - 12 Noon, Multi-Purpose Room
through August 1
8(;
MEMO
TO:
FROM:
City Council through City Administrato.~/
Public Works Program Manager/~4/''' '-'-
SUBJECT: Highway 99E Speed Zone Investigation Results
DATE: May 8, 2001
As part of an ongoing ODOT safety investigation regarding Highway 99E, the State
Traffic Engineer performed speed zone investigations on various segments of the
highway including one in Woodburn. The 99E segment in Woodburn studied was from
James Street to approximately 500 feet south of Industrial Way.
The city has received confirmation from the ODOT Traffic Management Section that
they have completed the speed zone investigation for this segment and that they
recommended reduction of the speed from 45 MPH to 35 MPH. In accordance with
ODOT's letter on the investigation, the city has informed ODOT Traffic Management
Section that their recommendation is acceptable to the city. ODOT sign crews will
install the new 35 MPH speed signs from James Street to approximately 500 feet south
of Industrial Way.
The state also studied a segment between the Woodburn north city limits and Hubbard
and as a result of the investigation the speed on that section of Highway 99E was
reduced from 55 MPH to 50 MPH.
A/P CHECK LISTING FOR THE MONTH OF APRIL 2001
NO
54707
54708
54709
54710
54711
54712
54713
54714
54715
54716
54717
54718
54719
54720
54721
54723
54724
54725
54726
54727
54728
54729
5473O
54731
54732
54733
54734
54735
54736
54737
54738
54739
54740
54741
54742
.54743
54744
54745
54746
54747
54748
54749
54750
54751
54752
54753
DEPARTHENT
PO~I'AGE MTR-VARIOUS
PAYROLL-ATTY/PW
SERVICES-WATER
VOID
VOID
VOID
SERVICE~WATER
REFUNI~WTR/~R
REFUN~WTR/~R
REFUNI~WTR/~R
REFUNI~WI'R/SWR
REFUND~WTR/SWR
REFUND-Wl'R/SWR
REFUN~WT'R/SWR
DEPOSIT-MAYOR
SERVICES-PARKS
SUPPLIES4JBRARY
I~,EI:=UN~WATER
SERVICES-MAYOR
SUPPLIES.-VA~OUS
SUPPLIES-PARKS
SUPPUF_~WATER
SERVICES-VARIOUS
SERVICES-POLICE
SUPPLIES-UB[U~Y
SUPPLIES-STREET
SERVICES-PA~
SERVICES-FINANCE
SERVICES-FINANCE
SUPPm IES-~ET
SERVICES-WATER
SERVICES-WWTP
SUPPLIES-ENG
SERVlcES-WWl'P
SERVICES~UCE
VENDOR NAME VENDOR DATE
NO
US POSTAL SERVICE 020089 4/2/2001
OREGON PERS 014424 4/4/2001
VAm l Fy MAILING 021044 4/5/2001
VOID VOID
VOID VOID
VOID VOID
CUTLER HAMMER INC NONE 4/6/2001
HENRY 3AEGER NONE 4/6/2001
ML MACOUBRAY NONE 41612001
3ON GRAHAM NONE 4/6/2001
PENNY PRUI1-F NONE 4/6/2001
STEVE ELAM NONE 4/6/2001
SPRINGHAVEN APTS NONE 4/6/2001
KAREN KLINGBERG NONE 4/6/2001
TOBE YODER NONE 4/6/2001
SANDSTRUM HOMES NONE 4/6/2001
DAVID SNODGRASS NONE 4/6/2001
CAPITAL TRAVEL NONE 4/6/2001
OESAC CEU COMMITTEE NONE 4/6/2001
ST LUKE PARISH NONE 4/6/2001
CENTURY PLAZA HOTEL NONE 4/6/2001
BROWN INDUSTRIES NONE 4/6/2001
UNITED PROPERTIES NONE 4/6/2001
FBINAA 2001 NONE 4/6/2001
ST LUKE PARISH NONE 4/6/2001
FRED MEYER NONE 4/6/2001
USS,SA OREGON NONE 4/6/2001
TRANS RESEARCH INST NONE 4/6/2001
3ASON ALEXANDER 000120 4/6/2001
ARAMARK UNIFORM 000534 4/6/2001
ARCH WIRELESS 000535 4/6/2001
OR ~ OF CLEAN WATER 000565 4/6/2001
AT&T 000623 4/6/2001
BM CLEANING SERV 001030 4/6/2001
BIMART CORP 00).275 4/6/2001
CANBY SAND & GRAVEL 002060 4/6/2001
DAILY 3OURNAL 003020 4/6/2001
DIRECT LINK OF OR 003241 4/6/2001
DP NORTHWEST 003264 4/6/2001
ENVIRO ~ EQUIP 004206 4/6/2001
F'CS GROUP 005072 4/6/2001
GE CAPITAL 006045 4/6/2001
GW HARDWARE 006405 4/6/2001
NANCY HOLZER 007290 4/6/2001
ED HOOLEY 007301 4/6/2001
INN OF 7TH MOUNTAIN 008030 4/6/2001
IND MACHINING 008080 4/6/2001
$1,200.00
$111.
$ .8o
$0.00
$0.00
:$4,573.00
$15.30
$19.70
$28.45
$5.21
$6.11
$30.22
$27.65
$77.8s
$6.11
$506.48
$3S.00
$100.00
$309.01
$175.25
$102.98
$275.00
$175.00
$658.67
$25.00
$30.00
$963.43
$286.46
$9o.00
$15.41
$15o.00
$182.~
$780.88
$185.25
$19.95
$3,645.00
$655.3o
$382.71
$2.39
$400.00
$502.20
$395.00
Page 1
A/P CHECK IISTING FOR THE MONTH OF APRIL 2001
8I
54754
54755
54756
54757
54758
54759
54760
54761
54762
54763
54764
54765
54766
54767
54768
54769
5477O
54771
54772
54773
54774
54775
54776
54778
54780
54781
54782
54783
5478~
54785
54787
54788
54789
54790
54791
54792
54793
54794
54795
54796
54797
54798
54799
54801
548O2
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-WWT'P
SERVICES-SPEC ASSESS
SERVICES-POLICE
SUPPLIES-VARIOUS
REIMBURSE-POLICE
SERVICES-WWTP
REIMBURSE-BUILDING
SERVICES-VARIOUS
SERVICES-PARKS
SERVICES-SELl= INS
SUPPLIES-WATER
SERVICES-VARIOUS
SUPPLIES-WWTP
SERVICES-VARIOUS
SERVICES-MAYOR
REIMBURSE-LIBRARY
SUPPLIES-STREET
SERVICES-VARIOUS
SUPPLIES-VARIOUS
SUPPLIES-TRANSIT
SUPPUES-PUB WKS
SERVICES-POUCE
SERVICES-CABI F TV
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
SERVICES-Al-FY
SUPPLIES-ENG
SERVICES-WATER
P~I-I'Y CASH-VARIOUS
VOID
VOID
VOID
SUPPLIES-VARIOUS
SERVICES-PARKS
REFUND-PARKS
SERVICES-BUILDING
IND WELDING SUPPLY 008100 4/6/2001
INGRAM DIST 008116 4/6/2001
ITT FLYGT CORP 008395 4/6/2001
MARION CTY CLERK 012087 4/6/2001
MARK CARROLL GRAPHICS 012230 4/6/2001
METROFUEI TNG 012qq8 4/6/2001
JOHN MIKKOLA 012485 4/6/2001
MOLALLA COMM 012.563 4/6/2001
DAN NELSON 013151 4/6/2001
NW NATURAL 013350 4/6/2001
OR PEACE OFFICERS 014423 4/6/2001
OR REC & PARKS 014431 4/6/2001
OREGONIAN PUBLISH 014653 4/6/2001
US FILTER 015065 4/6/2001
PARAMOUNT SUPPLY 015120 4/6/2001
PAULS AUTO BODY 015185 4/6/2001
PORT GENERAL ELECTRIC 015420 4/6/2001
PRAXAIR DIST 015480 4/6/2001
QWEST 016202 4/6/2001
SHOOTERS MERCANTILE 018453 4/6/2001
SILVER FAIm ~ CON)= C~ 018471 4/6/2001
LINDA SPRAUER 01B710 4/6/2001
UNOCAL:ERNIE GRAHAM 020010 4/6/2001
UNITED DISPOSAL 020020 4/6/2001
WALLING SAND 022029 4/6/2001
WESTERN BUS SALES 022175 4/6/2001
WITHERS LUMBER 022445 4/6/2001
WBN CARCRAFT 022508 4/6/2001
WBN INDEPENDENT 022630 4/6/2001
DOROTHY COOMBS 035220 4/6/2001
BILL FAULHABER 035240 4/6/2001
FRAN HOWARD 035270 4/6/2001
VADA OWENS 035590 4/6/2001
JUNE WOODCOCK 035648 4/6/2001
JAY WOODS 035763 4/6/2001
OR DEPT OF TRANS 014260 4/9/2001
COLVIN AUTO CENTER NONE 4/10/2001
VALLEY MAILING 021044 4/12/2001
C1-TY OF WOODBURN 015255 4/12/2001
VOID VOID
VOID VOID
VOID VOID
KROESENS INC NONE 4/13/2001
HYDROSPORTS DIVE NONE 4/13/2001
CAREER SERVICES NONE 4/13/2001
CHARLOITE CONVENTION NONE 4/13/2001
JILL LYTAL NONE 4/13/2001
NFSA NONE 4/13/2001
GARRETT YATES NONE 4/13/2001
$43.00
$2,052.51
$3,375.82
$88.00
$300.00
$1,674.24
$150.00
$109.00
$2,767.27
$125.00
$67.71
$135.05
$4,021.00
$1,692.16
$1,395.83
$21,816.06
$13.23
$690.32
$1,161.00
$3~.54
$1,1~.05
~92.99
$85.49
$289.41
~x)o.oo
$214.50
$18.00
$35.000
$35.00
$16.oo
$33.00
$175.oo
$11,810.00
$135.56
$o.00
$0.00
$o.oo
$13o.oo
$50.00
$20.0o
$149.00
$3o.00
Page2
A/P CHECK USTING FOR THE MONTH OF Aia:L[L 2001
8I
54803
548O4
54805
548O6
548O7
548O8
544309
54810
54811
54812
54813
54814
54815
54816
54817
54818
54819
54820
54821
54823
54824
54825
54826
54827
54828
54829
54830
S4831
54832
54833
54834
54835
54836
54837
54838
54839
54840
54842
54843
54845
54846
54847
54849
54850
54851
SERVICES-WWTP
SUPPLtES-.C STORES
SERVICES-ENG
SERVICES-WWTP
SUPPLIES-ENG
SUPPLIES-VARIOUS
SUPPLIES-PARKS
SERVICES-WWTP
RETAINAGE-WWTP
SERVlCES-WWTP
SERVICES-ENG
SUPPLIES-STREET
SERVICES-LIBbY
SUPPLIES-WWT'P
SERVICES-LIBRARY
SERVICES-VARIOUS
SERVICF_.S-ADMIN
SERVICES-PUB WKS
SERVICES-VARIOUS
SUPPLIES-FINANCE
SERVICES-POLICE
SERVICES-ENG
SERVlCES-ADMIN
SERVICES.-ENG
SERVICES-VARIOUS
SUPPLIES-POLICE
SUPPI IES-ATTY
SUPPLIES-WATER
SUPPLIES-PARK5
SERVICES-VARIOUS
SERVICES-VARIOUS
SUPPLIES-PARKS
SERVICES-POLICE
SERVICES-PUB WKS
SERVICES-STREET
ABLE CRANE
ADVANCED LASER
AEROTEK
AFFORDABLE CLEANING
A-1 COUPLING
AWARDS & ATHLETICS
BASHORS TEAM ATLETICS
BEN-KO-MATIC
BROWN & CALDWELL
BUCHANAN AUTOMATION
CDW GOVT INC
CH2M--HZLL
CiTY OF WOODBURN
CORP INC
CRANE & MERSETH
EDWARDS EQUIPMENT
EMERY & SONS CONST
ERNST HARDWARE
FIGAROS PIZZA
3AMES W FOWLER
GK MACHINE
GE CAPITAL
HENKES ELECTRIC
IKON OFF[CE SOLUTIONS
KLASSIC KUSTOMS
LAB SAFETY SUPPLY
LAWRENCE CO
MARION CrY CLERK
MARION CTY TREASURY
ME1 MICRO CENTER
MUFFLERS HrI'CHES
MULTI TECH ENG SERV
MUNICOM
NICOLI ENGINEERING
ONSZTE ENVIRON
OR DEFT OF CONSUMER
OR DMV
OR STATE BAR
PAC STATES CAST IRON
PEPS[ COLA
PORT GENERAL ELEC
PORT GENERAL ELEC
QWEST
SALEM TROPHY CO
SEW & VAC CENTER
SHOOTERS MERCANTILE
3DI LLC
TEK SYSTEMS
O00035
OOOO66
OOO08O
000083
O0O4O9
000580
001156
001200
001573
001579
002320
002478
002525
002879
002896
002926
004086
004153
OO5O92
005215
O06OO9
OO6O79
007143
008119
O1OO94
011024
011175
012087
012223
012421
012655
012682
012690
013192
014055
014199
014240
014500
015050
015225
015420
015422
016202
018141
018405
018453
O19OO4
O19O46
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2ool
4/13/2OOl
4/13/2001
4/13/2001
411312001
4/13/2001
4/13/2001
4/13/2001
4/13/2OOl
4/13/2OOl
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2001
4/13/2OOl
4/13/2001
4/13/2OOl
4/13/2001
4/13/2OOi
4/13/2001
4/13/2001
4/13/2001
4/13/2OOl
4/13/2OOl
4/13/2OOl
4/13/2001
4/13/2001
4/13/2001
4/13/2OOl
4/13/2001
4/13/2001
4/13/2001
4/13/2OOl
4/13/2001
4/13/2001
4/13/2001
4/13/2001
$420.00
$399.65
$195.OO
$110.OO
$55.36
$65.20
$1,309.75
$18.45
$35,751.52
$248.20
$1,285.09
$4,950.00
$8,412.17
$18,873.65
$1,403.50
$468.41
$2,688.oo
$146.52
$61.43
$159,831.20
$136.oo
~47.27
$3,829.00
$276.03
$8OO.OO
$88.73
$2OO.00
$16.oo
$392.0O
$253.15
$302.03
$5,776.74
$2,736.00
$4,671.83
$382.78
$1,640.34
$45.50
$110.00
$2,729.38
$13,104.42
$1,318.64
$2,276.17
$137.00
$59.35
$so.oo
$14,314.00
$92o.oo
Page 3
A/P CHECK LISI'ING FOR THE MONTH OF APRIL 2001
54852
54853
54854
54855
54856
54857
54858
54859
5486O
54861
54862
54863
54864
54865
54866
54867
54869
54870
54871
54872
54873
54874
54875
54876
54878
54879
54880
54881
54882
54883
S4885
54886
54887
54888
54889
54891
54892
S4893
54894
54897
54898
SUPPLIES-VARIOUS
SUPPLIES-STREET
SUPPLIES-PARKS
SERVICES-PARKS
SERVICES-ADMIN
SERVICES-PUB WKS
SUPPLIES-BUILDING
VOID
VOID
VOID
SERVICJ:~STREET
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
SUPPLIES-PARKS
SERVICES-PLANNING
REFUND-BUS LIC
SERVICES-PLANNING
SERVICES-ENG
SERVICES-WATER
SERVICES-WWTP
SERVICES-WATER
SERVICES-POLICE
SERVICES-POLICE
SERVICES-MUSEUM
SUPPLIES-POLICE
REIMBURSE-PARKS
SERVICES-FINANCE
SUPPLIES-PARKS
SUPPLIES-LIBRARY
SERVICES-WATER
SERVICES-C STORES
SUPPLIESrENG
SUPPLIES-FINANCE
SERVICES-WATER
SUPPLIES-LIBRARY
SUPPLIES-TRANS/DAR
SERVICES-DAR
SERVICES-WWI'P
SERVICES-PUB WKS
US OFFICE PRODUCTS 019100 4/13/2001
WILCO FARMERS 022292 4/1312001
WILL RED CROSS 022328 4/13/2001
WILL MASONRY 022370 4/13/2001
WBN DOWNTOWN ASSOC 022580 4/13/2001
WBN INDEPENDENT 022630 4/13/2001
YES GRAPHICS 024025 4/13/2001
VOID VOID
VOID VOID
VOID VOID
QUALITY INN NONE 4/19/2001
MARCIA MART~N NONE 4/19/2001
HALTON DEVELOP NONE 4/19/2001
CURTIS DEGNER NONE 4/19/2001
ROSEMONT AFTS NONE 4/19/2001
KAREN KLINGBERG NONE 4/19/2001
VIC DYKSTRA NONE 4/19/2001
FRAT ORDER OF EAGLES NONE 4/19/2001
CENTEX HOMES NONE 4/19/2001
STAGE II INC NONE 4/19/2001
OCPDA NONE 4/19/2001
MAVRA BASARGIN NONE 4/19/2001
OCEA NONE 4/19/2001
OR CITY PLANNING DIR NONE 4/19/2001
AEROTEK INC 000080 4/1912001
AMTEST OREGON 000400 4/19/2001
LANGUAGE LINE SERV 000659 4/19/2001
BACKFLOW MANAGEMENT 001033 4/19/2001
BRANOM INSTRUMENT 001410 4/19/2001
COMPAQ F[N SERVICES 002724 4/19/2001
CRYSTAL SPRINGS CO 002919 4/19/2001
D&T CONSTRUCT[ON 003010 4/19/2001
DANNER SHOE MF~ 003036 4/19/2001
KRISTI DAVIDSON 003072 4/19/2001
DP NORTHWEST 003264 4/19/2001
FESSLER NURSERY 005090 4/19/2001
GE CAP1TAL 006079 4/19/2001
HDR ENGINEERING 007112 4/19/2001
IOS CAP]I'AL 008118 4/19/2001
IKON OFFICE SOLUTIONS 008119 4/19/2001
KEYSTONE LEARNING 010082 4/19/2001
LINDS MARKET 011240 4/1912001
LONGS ELECTRONICS 011310 4/19/2001
DAN LUNDY 011380 4/19/2001
METROFUELING 012448 4/19/2001
MUFFLERS HITCHES 012655 4/19/2001
NICOLI ENGINEERING 013192 4/19/2001
NORCOM 013198 4/19/2001
NORTH COAST ELECTRIC 013215 4/19/2001
$599.03
$272.10
$964.53
$4,850.00
$50.00
$132.28
$153.70
$o.oo
$o.oo
$o.oo
$62.54
$29.66
$27.65
$52.44
$63.31
$4.61
$22.01
$38.99
$162.07
678.15
$so.oo
$3s.oo
$35.oo
$85.oo
$185.00
$247.25
$347.83
$130.00
$2,402.59
$118.54
$149.oo
$1,205.00
$2O7.90
$49.26
$1,110,00
$88.05
$169.62
$11,200.00
$542.93
$96.00
$1,099.85
$3o.oo
$661.88
SgO0.00
$319.68
$257.25
$21,463.75
$742.52
Page 4
A/P CHECK LISTING FOR THE MONTH OF APRIL 2001
8I
54901
54902
54903
54904
54905
549O6
54907
54908
54909
54910
54911
54912
54913
54914
54915
54916
54917
54918
54919
54920
54921
54922
54923
54924
54925
54926
54927
54928
54929
54930
54931
54932
54933
54934
54935
54936
54937
54938
54939
5494z
54943
54945
54947
54948
SERVICES-WWTP
REIMBURSE-POLICE
SERVICES-VARIOUS
SERVICES-ENG
SERVICES-COURT
SERVICES-WWTP
SUPPLIES-WATER
SUPPMF_.S-PARK~
SERVICES-WATER
SUPPLIES-VARIOUS
SUPPLIES-VARIOUS
SERVICES-WATER
SERVICES-NON DEPT'
SUPPLIES-PUB WKS
SUPPLIES-VARIOUS
PAYROLL-C GARAGE
PL:TI'Y CASH-VARIOUS
SERVICES-WATER
VOID
VOID
VOID
VOID
VOID
SUPPLIES-ST/WTR
REFUND-WTR/SWR
REFUND-WTP,/SWR
REFUND-WTR/SWR
SUPPLIES-PARKS
REFUND-BUS L[CENSE
SERVICES-PUB WKS
SUPPLIES-AD'IN
SERVICES-MAYOR
SERVICES-VARIOUS
SERVICES-PARKS
SUPPMES-C STORES
SERVICES-ENG
SUPPLIES-PUB WKS
SERVICES-VARIOUS
NORTH CREEK ANALYTICAL 013216
PAUL NULL 013420
ONE CALL CONCEPTS 014054
ONSITE ENVIRON 014055
OR STATE POLICE 014535
OREGONIAN PUBLISHING 014653
US FILTER 015065
POLAR SYSTEMS 015370
PORTLAND BO'ITLING 015415
QUALITY PARTS CO 016075
R&5 MOBILITY SERVICE 017003
RADIX CORP O17O35
LES SCHWAB TIRE CTR 018300
TEK SYSTEMS 019046
US OFFICE PRODUCTS 019100
THINGS REMEMBERED 019138
TIMS DIESEL 019167
US POSTAL SERVICE 020090
VAIl ~'Y MAILING 021044
WBN INDEPENDENT 022630
WBN RENT-ALL O22708
WOODBURN TOGETHER 022750
YES GRAPHICS 024025
IRS 060070
CITY OF WOODBURN 015255
VALLEY MAILING 021044
US POSTAL SERVICES 020090
VOID VOID
VOID VOID
VOID VOID
VOID VOID
VOID VOID
CASCO NONE
GRIS 8t MIGUEL GODINEZ NONE
SANDSTRUM HOMES NONE
THE LUCKEY CO NONE
MISSOURI TURF PAINT NONE
NOVEDADES REYES NONE
WBN SHELL NONE
NORTHERN WILL GLH'TER NONE
SOLV NONE
AMERJRGEY & RUBIN NONE
GLENN TADINA BAND NONE
A&A PEST CONTROL OO0O11
ACE SEPTIC 000031
ADVANCED LASER 000066
AEROTEK INC 000080
AM PUBLIC WKS ASSN OOO3OO
ARAMARK UNIFORM O00534
4/1912001
4/19/2001
4/19/2001
4119/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2001
4/19/2OOl
4/19/2OOl
4/19/2OOl
4/19/2OOl
4/19/2OOl
4/19/2001
4/19/2001
4/25/2001
4/26/2001
4/25/2001
4/26/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/20ol
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2OOl
$1,680.00
$28.45
$445.53
$24.00
$291.80
$130.47
$4,727.00
$119.84
$1,091.g0
$17.50
$256.74
$427.84
$920.00
$~41.33
$23.12
$~85.oo
$5O9.20
$221.65
$40.00
$40o.oo
$1,892.69
~.12
$145.20
$4o6.8o
$~oo.0o
$o.0o
$o.oo
$o.oo
$o.0o
$4,730.00
$31.53
$51.93
$20.28
$389.50
$35.oo
$32.20
$495.00
$143.75
$267.00
$35o.oo
$477.75
$184.so
$192.00
$19o.oo
$129.0O
$1,107.97
PageS
A/P CHECK LISTING FOR THE MONTH OF APRIL 2001
,8I
54950
54951
54952
54953
54954
54955
54956
54957
54958
54959
54960
54961
54962
54963
54965
54967
54969
54970
54971
54972
54973
54974
54975
54976
54977
54978
54979
54980
54982
54983
54984
54985
54986
54987
54988
54989
5499O
54992
54993
54994
54995
54997
54998
SERVICES-POLICE
SUPPLIES-PARKS
SERVICES-VARIOUS
SERVICES-PARKS
SERVICES-COURT
SUPPLIES-PARKS
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SERVICES-WWTP
SUPPLIES-PUB WKS
SUPPLIES-PARKS
SUPPLIES-PARKS
RETAINAGE-WWTP
SUPPLIES-VARIOUS
SUPPLIES-WATER
SERVICES-WWTP
SERVICES-ENG
SUPPLIES-FINANCE
SUPPLIES-VARIOUS
SUPPLIES-PARKS
SERVICES--C STORES
SUPPLIES-WWTP
SUPPLIES-VARIOUS
SERVICES-WATER
SUPPLIES-WWTP
SUPPLIES-POLICE
SUPPLIES-FINANCE
REIMBURSE-STREET
SUPPLIES-VARIOUS
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SERVICES-VARIOUS
SERVICES-WATER
SUPPLIES-C GARAGE
SERVICES-PUB WKS
SERVICES-PUB WKS
SUPPLIES-VARIOUS
SUPPLIES-PARKS
REIMBURSE-ADMIN
SUPPLIES-VARIOUS
SUPPLIES-VARIOUS
REIMBURSE-PLANNING
SERVICES-VARIOUS
AUTO ADDTTZONS
AWARDS & ATLETZCS
AT&T
METROCJU.L
BARRAN LIEBMAN
HOUSEHOLD BANK
BEN FRANKLIN
BIMART CORP
BROWN & CALDWELL
CAPITAL PAINT
C. ASC. ADE COLUMBIA
CASCADE POOLS
Clq'Y OF WOODBURN
COASTAL FARM
CONSOLIDATED SUPPLY
CORP [NC
CRANE & MERSETH
CTL CORP
DAVISON AUTO
DP NW ]'NC
EMERALD POOL
ENGELHAN ELECTRIC
FAMI~ NW
FARM PLAN
.1AHES W FOWLER CO
FOTO MAGIC
GK MACHINE
GAllS INC
GOVT FINANACE OFFICERS
MATTHEW GWYNN
GW HARDWARE
HALTON CO
[ND WELD]'NG SUPPLY
]'OS CAP].TAL
]'KON OFF[CE
INTERSTATE AUTO PTS
KEY INVESTMENTS
KOHRING CONSTRUCT[ON
'I'[NO T KORKEAKOSK[
I..&L BUILDING SUPPLIES
L[NCOLN EQUIPMENT
MCCORPECK BARKDUST
KEZ[A NERWIN
METROFUELING
MR P'S AUTO FTS
.]]'M MULDER
NATL ASSOC TOWN WATCH
NEXTEL COMM
000558 4/27/2001 $1,589.22
000580 4/27/2001 $6.50
000623 4/27/2001 $36.42
000655 4/27/2001 $14.03
001145 4/27/2001 $25.00
001199 4/27/2001 $1,387.25
001205 4/27/2001 $34.27
001275 4/27/2001 $329.95
001573 4/27/2001 $55,686.54
002079 4/27/2001 $280.38
002218 4/27/2001 $732.50
002226 4/27/2001 $1,105.88
002525 4/27/2001 $10,793.09
002625 4/27/2001 $203.26
002770 4/27/2001 $1,105.00
002879 4/27/2001 $32,879.44
002896 4/27/2001 $2,326.00
002926 4/27/2001 $9,715.00
003080 4/27/2001 $269.91
003264 4/27/2001 $1,014.00
004150 4/27/2001 $90.90
004190 4/27/2001 $212.20
005030 4/27/2001 $2,892.90
005062 4/27/2001 $255.76
005125 4/27/2001 $62.00
005215 4/27/2001 $205,068.61
005258 4/27/2001 $40.35
006009 4/27/2001 $196.40
006011 4/27/2001 $20.97
006238 4/27/2001 $25.00
006400 4/27/2001 $42.34
006405 4/27/2001 $2,321.74
007046 4/27/2001 $3,437.58
008100 4/27/2001 $60.02
008118 4/27/2001 $920.20
008119 4/27/2001 $8.71
008295 4/27/2001 $175.54
010080 4/27/2001 $3,592.64
010105 4/27/2001 $3,648.30
010298 4/27/2001 $4,883.67
011010 4/27/2001 $1,383.87
011250 4/27/2001 $155.75
012350 4/27/2001 $40.00
012440 4/27/2001 $103.34
012448 4/27/2001 $2,063.94
012510 4/27/2001 $93.34
012670 4/27/2001 $89.05
013018 4/27/2001 $310.91
013188 4/27/2001 $1,144.24
Page6
A/P CHECK LISTING FOR THE MONTH OF APRIL 2001
8I
54999
55000
55001
55002
55003
55004
55005
55006
55007
55008
55009
55010
55011
55012
55013
55014
55015
55016
55017
55018
55019
55020
55021
S5022
55023
55024
55025
55026
55027
55028
55029
55030
55031
55032
55033
55034
55035
55036
55037
55038
55039
55O4O
55041
55042
55O43
55O44
55045
55046
55O47
SUPPUES-PARKS
SUPPLIES.-WWTP
SERVICES-ENG
SERVICES-POlICE
SUPPLIES-ATTY
SUPPLIES-PARKS
SUPPLIES-FINANCE
REIMBURSE-LIBRARY
SUPPLIES-PARKS
SUPPLIES-WWI'P
SUPPLIES-WATER
SUPPLIES-PARKS
SUPPLIES-PARKS
SERVICES-VARIOUS
SUPPLIES-PARKS
SERVICES-WWTP
SERVICES-WWTP
SERVICES-MAYOR
SERVICES-PARKS
SERVICES-POLICE
SUPPLIES-PLANNING
SUPPlIES-VARIOUS
SUPPLIES-PUB WKS
SUPPlIES-VARIOUS
SUPPLIES-PUB WKS
SUPPLIES-POLICE
SUPPLIES-LIBRARY
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SERVICES-CABLE TV
SUPPLIES-VARIOUS
SUPPLIES-VARIOUS
SUPPliES-PUB WKS
SUPPLIES-WWTP
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
NORTH COAST ELECTRIC
NORTH CREEK ANALYTICAL
ONSITE ENVIRON
OR DEPT OF MTR VEHICLE
OR STATE BAR
OR TURF FARMS
PARADIGN PRESS
MARY PARRA
PLA'IT ELECTRIC
PUBLIC WORKS SUPPLY
QWEST
ROSE PAPER PRODUCTS
ROTHS IGA
SCOT CUSTODIAL
SEA1 TECH INC
SIERRA SPRINGS
SILVER FA!/S CONF CTR
SONITROL
SOS LOCK SERVICE
STATESMAN .1OURNAL
3DI LLC
TEK SYSTEMS
US OFFICE PRODUCTS
TRUSS-T STRUCTtJRES
UNOCAL:ERNIE GRAHAM
VIESKO QUALITY.CONCRETE
WALKERS CYCLE
WALMART STORES
WILL CHAP RED CROSS
WITHERS LUMBER
WCAT
WBN FERTILIZER
WBN RENT ALL
WBN TOGETHER
YES GRAPHICS
OOROTHA BORLAND
CORNELIUS DONNELLY
ALTA FU/IJ:R
LEONARD GIAUQUE
AGNES HAGENAUER
FRED HAYES
ROBERT HURST
BEULAH .1ORDAN
CALVIN KOLLASCH
3 WARD O'SRIEN
GERTRUDE REES
STEVE STURN
013215
013216
014055
O14240
014500
014620
015114
015168
015225
015340
015648
016202
017316
017340
018300
018308
018314
01846O
018471
018605
018608
018760
O19OO4
O19O46
019100
019260
020010
021140
022023
022035
022328
022445
022547
022590
022708
022750
024025
045100
04523O
045270
045290
045310
045315
045318
045320
045330
045497
045545
045585
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2OOl
4/27/2001
4/27/2001
4/27/2OOl
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2OOl
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2OOl
4/27/2OOl
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2OOl
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
4/27/2001
$180.96
$115.00
$683.98
$15.oo
$220.00
$4,425,00
$49.50
$34.80
$378.35
$570.12
$2,736.60
$116.60
$1,716.49
$333.67
$1,360.00
$62.5o
$1,971.25
$50.00
$82.00
$28.80
$21,819.00
$1,84o.oo
$1,242.28
$2,958.00
$600.92
$407.50
$255.25
$78.35
$140.oo
$636.42
$2,300.00
$2,503.67
$877.9
$4oo.00
$16 .oo
$1oo.44
$300.00
$101.68
$242.11
$39.37
$342.55
$34.10
$44.95
$61.69
$179.18
$69.13
$115.32
Paoe7
A/P CHEC~ LLST~NG FOR THE MONTH OF APRIL 200!
$858,98q.10
Page8
MEMORANDUM
To:
From:
Date:
Subject:
The Mayor and Council through City Administrator
David Torgeson, Assistant City Engineer ~
May 10, 2001
Receipt of Grant - Pedestrian Improvement Project - Highway 214
Application was made in March 2001 for a Bicycle/Pedestrian Grant administered by the
Department Of Transportation (ODOT). The purpose of the grant was to complete missing
sidewalks, along both sides of Highway 214, linking Park Avenue and Meridian Drive.
Through informal means, the City was notified May 7, 2001 of its successful grant
application. The Grant will provide $200,000. Total project cost is expected to be $414,200.
The City's anticipated share of construction cost is $107,100. Woodburn School District will
contribute a similar amount.
City staff has initiated contacts with ODOT to determine technical cdteria for project
elements, and to understand procedures for administering the grant funds.
The sidewalk construction will be preceded by installation of a gravity sewer interceptor,
which will, in part, occupy the same corridor. Preliminary design work on the sewer project
is neady complete, and has been coordinated with ODOT. An application for right-of-way
permit (for the sewer project) will be filed during the coming week. Council will receive
further updates on the sewer and sidewalk projects, as they proceed through final design,
and plans review by ODOT.
Page 1 of I
IOA
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and City Council
John C. Brown, City Administrator
Mary Tennant, City Recorder
May 7, 2001
Insurance Agent of Record
Recommendation: City Council adopt the attached Council Bill which appoints Huggins
Insurance Services, Inc. as the City's Insurance Agent of Record for the three year period of July
1, 2001 through June 30, 2004, and authorizes the Mayor to sign a contractual services agreement
with Huggins Insurance Services, Inc..
Background: The City is required to designate an Insurance Agent of Record for the purpose of
insurance procurement and servicing our insurance requirements. Requests for Proposals were
received from four (4) insurance firms all of which included the basic service for marketing and
placement of our insurance needs, on-going monitoring of our insurance account, and providing
various levels of risk management and loss control services to reduce our exposure to losses.
Discussion:
(1)
(2)
(3)
(4)
Huggins Insurance Services, Inc.
Marsh USA, Inc.
Hagan Hamilton Ins. Services
JBL&K Insurance Services
Insurance proposals were received from the following agents:
Estimated Annual Cost
$8,500 maintenance fee
$10,000 maintenance fee plus Workers'
Compensation commission if elect to insure with a
company other than CIS (approximately $5,000
commission)
$10,000 maintenance fee
Commission only ($15,000 or more)
The interview panel consisted of Public Works Manager Rohman, Deputy Chief Russell,
Management Analyst Smith, and myself. Each insurance agency was interviewed and, after
analyzing the results, it was a consensus of the panel to retain the services of Huggins Insurance
Services, Inc.. This firm has serviced our account since 1994 and have been very responsive to
our needs. They have kept us informed of insurance market issues, coverage updates, and legal
issues which may have an impact on our insurance requirements. Loss control services have also
been provided for on an as-needed basis, however, City departments will now be to access an
intemet site maintained by ARMG (Agency Risk Management Group, Inc) thereby giving them
immediate access to a wide variety of information. This intemet site provides an extensive risk
management library along with the capability of downloading information such as in-house
training programs, sample policies and procedures, resource links, e-mail information requests,
and technical bulletins.
Huggins Insurance Agency has agreed to continue accepting a fee compensation rather than agent
commissions for services provided to the extent that it is permitted by law. To date, the City has
only paid the agreed upon fee with this firm.
Page 2 - Memo re: Insurance Agent of Record
May 7, 2001
10A
This agreement also provides for an extension of the agreement, at a negotiated fee, not to
exceed two (2) years in the event the City continues to receive satisfactory service from Huggins
Insurance Services, Inc.. Any extension of the contract would be submitted to the Council for
approval in the spring of 2004.
Financial Impact: The City's fee for fiscal year 2000-01 was $7,500 and, based on the proposal,
this fee will increase to $8,500 annually during the 3-year term of the contract. Sufficient funds
have been budgeted for in the Self-insurance Fund to pay for this administrative expense.
COUNCIL BILL NO. 2306
RESOLUTION NO.
A RESOLUTION ENTERING INTO A CONTRACTUAL SERVICES AGREEMENT
AND DESIGNATING HUGGINS INSURANCE SERVICES, INC. AS THE CITY'S
INSURANCE AGENT OF RECORD.
WHEREAS, the current agreement with Huggins Insurance Services, Inc. will
expire on June 30, 2001, and
WHEREAS, proposals were requested from interested firms who are capable of
providing this service, and
WHEREAS, following an evaluation of the proposals and interviews with agents
who submitted proposals, it has been determined that Huggins Insurance Agency would provide
the City with an acceptable level of service, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with Huggins
Insurance Services, Inc. retaining that firm as the City's Insurance Agent of Record. A copy of
said agreement is affixed hereto as Attachment "A" and, by this reference, incorporated herein.
Section 2. That the Mayor is authorized to execute and the City Administrator, or
his designee, to administer said agreement on behalf of the City.
Approved as to form.f~, e),~ l~~__~
City Attorney Date
APPROVED
RICHARD JENNINGS, MAYOR
10A
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
"EXHIBIT A"
CITY OF WOODBURN
INSURANCE AGENT OF RECORD
Agent of Record will:
Obtain and currently maintain an insurance program that will assure both maximum risk
coverage and cost effectiveness to the City, and recommend insurance coverages for
unique risks that may arise.
Maintain insurable values on buildings and insured equipment at replacement values to
include new construction and make statement available to the administration by August,
31 of each year.
Prepare specifications for entire insurance program and present to Administration for
approval. When specifications are approved, the Agent of Record will secure competitive
proposals from insurance carders for all coverages for which the Agent of Record is
given responsibility. Award contracts in compliance with City of Woodburn purchasing
rules.
Be available to the Administration for advice and consultation on insurance matters, and
to assist the administration in its risk management and safety programs.
Maintain an adequate claims record to show number and type of claims, dollar amount of
paid claims, and total dollar amount of reserves on open claims by policy type. These
records should be available to the City upon request and the annual totals should be
included in the annual report to the City. Review all loss control recommendations made
by governmental agencies or insurance carriers, work with City to facilitate compliance,
and, when appropriate, suggest alternative means of compliance.
Notify the City of all expirations of insurance contracts at least 60 days prior to the
expiration date, and assist the City in the processing of claims.
For annual budgeting purpose, supply the City with estimated premiums that will be
required for the next fiscal year. This would require a study to project new total property
values including any completed construction or contemplated acquisitions. Projections
are during the month of January of each year.
Comply with all applicable Equal Employment Opportunity laws and regulations and not
discriminate with regard to race, color, creed, sex or national origin.
IOA
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this __ day of ,2001, by and
between the City of Woodbum, hereinafter referred to as "Client", and Huggins Insurance
Services, Inc., hereinafter referred to as "Agent".
WITNESSETH
WHEREAS, the Client intends to engage and does hereby engage Agent to serve as
Client's Insurance Agent of Record.
NOW THEREFORE, for the consideration hereinafter set forth, it is agreed by and
between the parties as follows:
The Agent shall provide professional services to the Client as follows:
(A)
Supervise the placement and service of all Client's bonds and insurance, with the
exception of Employee benefits, including but not limited to, services as outlined
in Agent's Proposal to Client, dated April 6, 2001.
(B)
Work to be performed by Agent of Record includes services generally performed
by Agent of Record in their usual line of business.
(c)
The parties of this agreement intend that the relation between them is that of
employer - independent contractor. No agent, employee, or servant of Agent of
Record shall be or shall be deemed to be the employee, agent or servant of the
Client.
(D)
Agent of Record shall defend, indemnify and hold harmless Client and its agents
or assigns from and against all liability or loss and against all claims or actions
based upon or arising out of damage or injury to persons or property caused by or
sustained in connection with their performance of this contract by Agent of
Record.
(E)
Agent of Record shall maintain in effect a comprehensive general liability
(including professional liability) policy with an Errors and Omissions policy with
a minimum limit of $1,000,000 per occurrence. Said policy shall include a 30-day
notice of cancellation clause to the Client. A certificate of insurance evidencing
all insurance required by this agreement shall be delivered to the Client prior to
commencement of any services.
Page 1 - Huggins Insurance Services, Inc.
Contractual Services Agreement
IOA
Agent of Record shall provide evidence of workers' compensation insurance, or
by signing this agreement, represents that Agent is a sole proprietor and therefore
exempt from the laws requiring workers' compensation coverage. Agent of
Record shall also defend, indemnify and hold harmless Client against all liability
and loss in connection with and shall assume full responsibility for, payment of
federal, state, and local taxes or contributions imposed, or required under
unemployment insurance, social security, and income tax laws, with respect to
Agent of Record's employees engaged in the performance of this agreement.
lOA
(G)
In the event any payment made pursuant to this agreement is to be charged against
federal funds, Agent of Record certifies that the agency is not currently employed
by the federal government and the amount charged does not exceed the normal
charge for the type of services provided.
The Client agrees:
(A)
To assist Agent by placing at his or her disposal available written data pertinent to
the proposed project or service.
(B)
To guarantee access to the Client's property and records as required by the Agent
to perform his or her services under this agreement.
(c)
To give prompt notice to Agent whenever the Client observes or otherwise
becomes aware of any deficiency in the proposed project or services.
III.
The Agent and Client agree:
(A)
In the event a suit or action is instituted by either party to procure any remedy for
breach hereof, it is understood and agreed by the parties hereto that the prevailing
party shall be awarded such sum as the court may adjudge as reasonable attorney's
fees in such suit or action, including fees on appeal.
(B)
The additional provisions as set forth in "Exhibit A" as attached hereto are made a
part of this agreement.
(C) Either party may cancel this agreement by giving ninety (90) days written notice.
Page 2 - Huggins Insurance Services, Inc.
Contractual Services Agreement
(D)
This agreement will expire on June 30, 2004, however, at the option of the City
based on sat/sfactory performance of the Agent, an extension of the contract,
along with a negotiated fee adjustment, will be available on a yearly basis for up
to two (2) years from thc da~ of initial expiration of this agreement.
10^
The Client agrees to compensate thc Agent ~n the following manner.
As considel'ation for setvi/~ during thc period Of J~lly 1, 2001 through lun¢ 30,
2004, Client agn:cs to pay an annual fcc of $8 S00.00 by August 15~' of each year for
brokerage services provided by thi.~ agreement. Agent agrees, subject to all relevant
market conditions, to usc its best efforts to obtain insurance coverage for CHeat on the
basis of a net premium without c0rnmi.~ions payable to Huggins hlsurancc Scl'vices, Inc..
In the event Huggins Insurauce ,!~rviccs, Inc, is required, by agreements with insurers or
otherwise, to r~ceiv¢ commissions on any such coverage obaflned, Hug,~n~ Insmance
Services, lac. agrees, if and to the extent permitted by the law applicable to such
insurance transactions, to credit all such commissions received'against, and as a credit to
the fees described above.
I~ the event thc City elects to rvceivc additional services in the area of risk
management, loss conlxol, and industrial hygiene which are outside of the SCOl~ of work
outlined in the Requ~ for Proposal, an additional service fee will bo charg~ on an
hourly rate basis beginning at $80.00 per hour or a negotiated fiat fixed fee.
IN ~S ~OF, tho parties hereto hav~ made and executed this agreement
the day and year first above written, with July 1, 2001 as the effective dat~ of this agreement.
AGENT:
Accauut Bxecutive
Date
CLIENT:
City of Woocroum
Richard Sennings
Mayor
Date
Page 3 - Huggins Insurance Service~, Inc.
Contractual Services Agreement
10B
MEMO
TO:
FROM:
DATE:
SUBJECT:
City Council through City Administrator'~
Public Works Director (~~ ~
May 10, 2001
Extension of Existing Reduced SDC Policy to Compulsorily Annexed Properties
and Formalization of 5-year Payment Plan
RECOMMEN,DATION:
Approve attached resolution that extends the existing policy of reducing sewer SDC by one-
half to certain structures inside city limits constructed prior to 1977, to include the existing
residences being brought into the city through a compulsory annexation by council action.
BACKGROUND:
In the mid and late seventies Woodburn's sewerage system had many problems; the
treatment system was over loaded and there were many locations where city sewer lines of
sufficient capacity were not available. Therefore, the city was not able to accommodate new
connections even if property owners wished to connect to the sewerage system. Since then
a council-approved policy has existed to allow the structures built prior to 1977, which were
unable to receive sewer connection, to pay one-half the regular sewer System Development
Charge. Special consideration was given with the knowledge that properties would connect
to city system, within a year of availability of system connection, or the property owner would
start to pay the minimum monthly sewer charge for keeping the privilege of paying one-half
of the connection fee. Only a few properties have qualified for this reduced charge in the
past, and the fiscal impact has been insignificant.
The extension of the late seventies' policy of giving special consideration to the structures
that could not connect to city sewerage system has some similarity to the properties being
forced to annex by legislative action of the council. The limitation of sewer connection to
structures, because of Woodburn's sewerage capacity problems, was given special
consideration to the residences previously. Now the limitation to connection because of their
location could be given special consideration to the residences being annexed. The subsidy
of one-half of sewer SDC has been designed to encourage connection to city sewerage
within a short period and minimize sub-surface pollution, it is recommended that the current
policy of time duration allowed for connection to city sewer without losing the benefit of one-
half the SDC be kept at one year without any change. This would mean that a structure
having adequate sewer service available within 100 feet of its property line must pay the full
System Development Charge (currently $2,977.00 for a single family residence) starting one
year from availability of adequate city sewer line. During the first year, the City will pay one-
half (1/2) of the sewer SDC of $1,488.50 from the sewer service charge funds and the other
half will be paid by the property owner.
10B
Memo to City Council from Frank Tiwad
May 10, 2001
Page 2
The modified policy will not only apply to structures within the city limits constructed pdor to
1977 but also to the existing residences being forced to annex because of the mandatory
annexation action of the council.
In addition, it is recommended that the informal policy of a payment plan be formalized by
allowing a five-year payment plan at prime plus one (1.0) percent interest rate for those who
were unable to receive city sewer service. The five-year duration of the payment plan is
proposed because Woodbum is utilizing a council approved five-year payment plan on
certain traffic impact fees and thus the duration allowed by both payment plans will be
consistent.
The attached resolution includes all the recommended policies of this memo. Its approval by
the council is requested regardless of whether the annexation of properties under
consideration is approved or not.
Attachmenl; Resolution
GST/Ig
GS'r~Res 1321 modifications
10B
COUNCIL BILL NO. 2307
RESOLUTION NO.
A RESOLUTION PROVIDING CERTAIN INCENTIVES TO CONNECT TO THE
CITY SEWERAGE SYSTEM FOR THE PROPERTIES SUBJECT TO COMPULSORY
ANNEXATION UNDER ORS 222.750.
WHEREAS, the City does not allow any new subsurface wastewater treatment and
disposal (septic tank) systems within its corporate limits; and
WHEREAS, the City requires that all structures operating on failed septic systems
connect to the city sewer main, if the property on which the structure is located is within 300
feet of the city's adequate sewer main; and
WHEREAS, the City is currently in the process of annexing certain "island" properties
under ORS 222.750; and
WHEREAS, the annexation of these properties is compulsory and can be
accomplished by its legislative act; and
WHEREAS, it is in the public interest for the City to encourage these newly annexed
properties to connect to the City sewerage system and discontinue use of private wastewater
treatment systems; and
WHEREAS, it is fair and in the public interest for the City to provide certain
incentives for the newly annexed properties to connect, if connection is made within a year of
availability of City a sewer main of adequate capacity; and
WHEREAS, the policy contained in this ordinance is similar to and consistent with the
prior incentive policy of the city; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Engineer is authorized to pay from the Sewer Service Charge
Fund one-half of the current sewer System Development Charge for each existing residential
structure that connects to a City sewer main approved by the City Engineer within one year of
annexation under ORS 222.750.
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
10B
Section 2. For each existing residential property that connects to a City sewer main
approved by the City Engineer within one year of annexation under ORS 222.750, that portion
of the SDC not paid by the City may be paid in annual installments for a period not to exceed
five years at the prime rate of interest plus 1.0 percent.
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
Approved:
Richard Jennings, Mayor
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
'" r r
Flmn:
I~:
W. OoD o N
Incorporated 1889
May 9, 2001
Mayor and City Coundl via John Brown, City Administrator
D. Randall Westrick, Recreation and Parks Director ~
Rotadairon Lease
10C
RECOMMENDATION:
Authorize a $9,000 appropriation from contingency for a Rotadairon Rd 130 soil renovation unit.
BACKGROUND:
A Rotadairon is a soil-renovating device designed to perform turf area preparation in one step.
This equipment utilizes a sedes of reverse rotating blades, screening rods and packing reels to
prepare seed beds for turf in one step. Contractors used a similar device dudng the turf
preparation process for the Centennial Park Phase 1 project.
DISCUSSION:
The Recreation and Parks Department has identir~=,d a number of new construction, renovation
and routine maintenance projects over the next four years that will require significant soil
processing for installation or rehabilitation of turf. New construction and major renovation projects
within the Department's ClP include:
· Centennial Park Phases 2 & 3
· Budingham Park
· Woodbum Skate Park
· Legion Park Playground Expansion and Renovation
Other renovation projects include many that are listed within the Department's ClP include turf
renovation at Settlemier Park, Nelson Park and N. Front Street Park.
Routine Maintenance tasks that could be accomplished with this piece of equipment include
renovating turf at soccer goal mouths, preparing balifield infields for play and cultivating seed
beds for vadous turf repair projects.
The Rotadairon will provide the Parks Division with a piece of equipment that will make
constructing new parks more efficient while providing a quality finished product. It will also help
the Department to begin to restore the turf in the City's old parks as proposed in the recent Parks
and Community Facilities Bond. The Rotadairon will allow the Department to cultivate grass in
park areas that are dominated by weeds.
Recreation and Parks Department
270 Montgomery Street · IVoodburn, Oregon 97071
Ph.503-982-5264 · Fax 503-982-5244
loc
COUNCIL BILL NO.
RESOLUTION NO.
2308
A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING
CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2000-2001.
WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating
contingency appropriations within a fund to an existing appropriations category within the same fund
during the year in which appropriations are made, and
WHEREAS, a transfer of General Fund operating contingency appropriations to the
Parks Maintenance Division is necessary to meet an unanticipated financial obligation due to the
purchase of a rototiller to complete improvements at Centennial and Burlingham Parks, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That authorization is hereby given to transfer the following operating
contingency appropriations:
GENERAL FUND:
Transfer From:
Operating Contingency (001-000-921.000)
Transfer To:
Capital Outlay - Parks Maintenance
(001-411-710.010)
$ 9,000
$ 9,000
Approved as to Form:
City Attorney
Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
10D
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and Council
John Brown, City Administrator
Mary Tennant, City Recorder ~
May 8, 2001
Public Employees Retirement System - Local Government Pool
Recommendation: Council adopt the accompanying Council Bill to apply for entry into the
Oregon Public Employees Retirement System Local Government Rate Pool.
Background:
In February 2001, the PERS Board adopted administrative roles that provided for the formation
of a Local Government Pool in which counties, cities, and special districts could pool their assets
and future liabilities/surpluses into one account rather than being treated individually when costs
are charged or rates are calculated. An ad hoc committee was formed by the Board for the
purpose of exploring the pooling issue. Following these meetings, rules were adopted by the
PERS Board in February 2001 which incorporated the findings of the ad hoc committee and
comments received through their public hearing process.
Discussion:
PERS manages separate rate pools for (1) Oregon School Districts and (2) one which combines
all State agencies and Oregon Community colleges. The primary reason for establishing a rate
pool is to provide employers with contribution rate stability since predictions made by the
actuaries are based on the number of participants in the pool rather than a specific employer
group. Utilizing a greater participant pool spreads the risks and/or costs to all employers in the
pool thereby keeping contribution rates at a more consistent level rather than sharp fluctuations
in percentage rates as funds are withdrawn from a specific employer's retirement account.
Under the current method of accounting for County, City, and Special District retirement
funds, PERS looks at each agency's group of employees and performs an actuarial evaluation
every two years to determine what the employer percentage contribution will be for the next two
fiscal years. In our case, the City completed negotiations with PERS in the latter part of.1998
and an integration contract was entered into with an effective date of November 1, 1998. The
City was required to pay 11.4% of subject payroll based on the actuarial evaluation done as part
of the integration process. PERS completed their bi-annual (1999) actuarial evaluation of all
agencies during 2000 and a letter was sent to the City in December 2000 informing us that our
employer rate for July 1, 2001 through June 30, 2003 would be 7.99%.
Under the pooling method, employees from the participating agencies will be grouped into one
large actuarial group for the purpose of determining the employer contribution rate for (1) general
service employees, and (2) police and fire employees. The rates for general service employees
are lower than police and fire since the benefit structure for these groups are different under state
law.
Page 2 - PERS - Local Government Pool
May 8, 2001
10D
Individual agencies who have both employee groups will receive a composite rate based on the
ratio of general service to police and fire employees. The estimated pool rate for general service
employees is 8.96% and for police and fire employees 12.06%. As a pool member, the City of
Woodburn's composite rate would be 9.71%. The PERS Administrative Rule provides that all
pool members start out on equal footing as if they have no unfunded liability or surplus that they
bring to the pool and pool rates for the general service and police/fire groups were established
under this assumption. However, all of the agencies electing to be a part of the pool will be
bringing in their unfunded liabilities or surpluses and, as a result, the Board established in the
administrative rule that an agency's unfunded liabilities or surplus would be amortized over a 28-
year period. For Woodburn, this means that the City will see an approximate decrease in
contribution premium of 2.27% since we would be bringing with us a surplus of $1,412,447. If
the City elects to become a member of the pool, the revised employer contribution rate for the
City is estimated to be 8.08% of subject payroll effective July 1, 2001.
Membership in the Local Government Rate Pool is voluntary, however, it is an irrevocable
decision on the part of the City. To date, over 25% of the eligible agencies have submitted
Resolutions to PERS and, according to the PERS Administrative staff, it will be very well-
funded during this initial enrollment period. Two of the largest PERS employers (Multnomah
County and City of Portland) have both made commitments to be a member of the pool and they
alone bring in surpluses in excess of $150 million. The PERS Board has established May 18,
2001 as the deadline in which local governments can submit a Resolution to apply for entry into
the rate pool to PERS.
Financial Impact:
During the budgeting process for fiscal year 2001-2002, retirement cost projections were
budgeted at 9% since we had received enough information from PERS at the time of preparing
the budget to determine a more accurate percentage rate. As a reminder, the City's fiscal year
2000-01 retirement percentage is 11.4% and, whether we continue to remain as an individual
agency or a member of the pool, the City will be experiencing a rate decrease of 3 % -3.4 %.
Assuming subject payroll of $5,000,000 for 2001-02 (135 covered employees):
7.99% Contribution Rate (stay as individually rated) $ 399,500
8.08% Est Contribution Rate (Pool rate) $ 404,000
Additional cost to join pool $ 4,500
Attachments:
(1) PERS Question and Answer Summary dated March 6, 2001
(2) PERS Initial Pooling Rate Exhibit for City of Woodburn dated March 16, 2001
10D
Oregon Public Employees Retirement System
Actuarial Pooling of Local Governments for Actuarial Purposes Rule
Question and Answer Summary
March 6, 2001
The purpose of this document is to provide an overview of the reasons for a pooling rule and how the rule
will work.
L What ispooling?
Pooling treats separate employers as one group for the purposes of determining employer pension costs
and rotes. Pension assets and future pension liabilities and surpluses of all of the pool participants are
shared. Employers in the pool jointly fund the pension costs of all of the pooled participants.
2. To whom does this rule apply?
This rule is primarily for cities, counties, and special districts who participate in PERS, although it covers
all pools. These employers, also known as local governments, are currently treated individually when
pension costs are charged and employer rates developed. State agencies/community colleges and school
districts have had their costs and rates pooled for decades. This rule will not change the composition of
existing pools, nor will it allow non-pooled employers to join either the state or school pools. This rule
allows for the establishment of a separate, exclusive pool for cities, counties, and special districts.
3. Why pool local governments
The primary reason for pooling is to promote stability in employer rates. History has shown that employer
rates for non-pooled employers can fluctuate significantly between valuations while the rates of pooled
employers has remained relatively stable. Pension rate fluctuations can and have caused unexpected
financial difficulties for local governments. The unpredictability ofunpooled rates is a concern for many
local employers. Because of the demonstrated stability of pooled rates for the state and. schools, the PERS
Board is extending the opportunity for pooling local governments as well.
As can be seen on Attachment A, the state/community college and school district pools have been
relatively stable over time as have been the average rates for local governments. Because local employers
are not pooled and receive individual employer rates, those rates fluctuate more significantly than the
pooled employer rates. This can be seen in the following table which shows the number of local
employers that have had rates change by more than 2 percent, both upward or downward as a result of the
following valuations:
Loeal Governments 1989 1991 1993 1995 1997 1999
Number >2% (of Payroll) 112 105 116 58 179 120
Total Local Govcmmcnts 377 394 410 418 426 458
% > 2% (of Payroll) 29.7% 26.6% 28.3% 13.9% 42.0% 26.2%
10D
Pooling Issues
Page 2
System (All numbers are % of Payroll)
%Chg. Locals (Ave.) -1.00%
% Chg. State -1.55%
% Chg. Schools -1.77%
-.64% .35% .79% 1.97% -1.86%
.02% -.31% -.25% 1.39% -.10%
-1.0% -.04% .04% 2.34% .03%
Why do local governments, in general, have a higher level of rate instability
compared to those governments that have been actuarially pooled?
There are many factors that can cause movement in an employer's rate, regardless of whether an employer
is pooled or non-pooled. However, there are two interrelated factors that cause unpooled, local
governments to have a higher probability of fluctuating rates than those that are pooled. For UnPooled
employers, increased rate instability can be caused by (1) small employer size, and (2) the mismatch
between the "averaged" actuarial assumptions and the experience realized by local employers.
Small Employer Size
The majority of local governments have 10 or less employees (53 percent as of December 31, 1999). Even
using the highest actuarial standards, no amount of precision in the development of actuarial assumptions
can reasonably predict the actual experience (costs) of an individual employer of this size. Because of this
inability to predict what will happen with small employers, few of these employers' costs match the
assumptions on which their rates are based. For instance, a single employer with one or two employees
that experiences one disability could face a significant increase in its employer rate of 5 percent or more.
Because of the inability of small employers to spread costs over a large payroll base, employer rates can,
and do, swing dramatically from valuation to valuation. For instance, 78 percent of the local governments
that had a rate fluctuation (both up and down) of 3 percent or more (1999 valuation) were employers with
10 or fewer employees.
Averaging Actuarial Assumptions/Charging Local Governments Individually
Historically, the development of rates for local employers of all sizes depends on an amalgam of both
pooled and non-pooled methodologies. The actuarial assumptions used in the development of normal
costs for local governments are based on estimates for the group as a whole. However, actual costs related
to benefits are charged to local employers on an individual basis. The cost (or experience) of the
individual employer (regardless of size) may not always match the anticipated "average" assumptions on
which the local employer rates are based. As a result, individual employers may experience either an
overfunded or underfunded situation, thereby causing potentially large swings in their employer rates.
This risk is particularly pronounced for small employers, as explained earlier.
By pooling small employers together, the cost of an event such as a disability can be shared by more
employers and the cost spread over a larger payroll base than if the cost is borne solely by an individual
/OD
Pooling Issues
Page 3
employer with a small payroll base. In this sense, pooling has certain aspects of an insurance pool by
allowing small employers to share costs and gain.q from the larger pool rather than shouldering the cost of
catastrophic events individually. Pooling also allows the actuary to more precisely match future, potential
costs to the actual pension experience of the pool resulting in more stable rates over time.
As stated previously, the primary advantage of pooling local governments is to provide increased rate
stability to local employers as a whole. Stabilized rates will allow employers to project pension costs with
greater confidence for budget purposes.
5. Will the pooling of local governments save money?
Generally, no. The reason for pooling is rate stability, not lower employer rates. In the short run, some
employers will pay less and some employers will pay more depending on what pension costs they incur
after they pool. However, over the long term, the pool should be cost neutral for the participants in the
pool.
6. Is pooling mandatory or voluntary for local PERS employers?
Joining the local government pool is voluntary. Local employers must submit a written election to PERS
in order to join the pool.
7.
What safeguards are in place to ensure that the pool is actuarially viable and
achieve the Board's goal of rate stability?
The rule contains a "certification" process to be conducted by the Board once the participants in the pool
are known. This certification process will include a review of the potential pool by the PERS actuary, in
conjunction with PERS staff, to provide assurance that the pool is viable. Upon these recommendations,
the PERS Board will decide to certify the pool. If the pool is not certified, then the initial pool will not be
formed as of January 1, 2000. A failure to certify the pool does not preclude the Board from creating a
local government pool at a later date.
8. IJZhen would pooling begln for local governments under the rule?
The implementation date for the local government pool will be January 1, 2000 for those employers who
have submitted, in writing, an election to join the pool which is postmarked April 30, 2001 or before.
Pooled rates would be implemented as of July 1, 2001. All elections dated or postmarked after April 30,
2001 will join the pool on the first day of the next actuarial valuation period following the receipt of the
employer's election. That date will be January 1, 2002. Rates for this actuarial period will be paid
beginning July 1, 2003.
Pooling Issues
Page 4
I'0D
[Vhat would the employer rate be for the local governmentpool if it is created as
of January 1, 2000?
That depends on the employer's actuarial surplus or unfunded liability at the time they enter the pool.
There are three primary components to the employer rate. "Normal cost" which is the projected future cost
of those employees who have yet to etn'e; actuarial surplus or unfunded actuarial liability" which is the
difference between actuarially projected assets and pension liabilities; and the pooled costs related to the
PERS Health Insurance program. If all local governments join the pool, the normal cost portion of the
employer rate would be as follows, Zed on the December 31, 1999 actuarial-valuation:
General Service:
Police and Fire:
8.96%
12.06%
Once the participants in the pool are known (after April 30, 2001), the normal cost portion of the pooled
rate will be adjusted based on which employers actually join the pool. However, the adjustment is
expected to be slight since normal costs do not vary much from employer to employer.
The normal cost rate will also be adjusted for employers with a mix of General Service and Police & Fire
employees as outlined later in this Q & A. Projected cost-of-living adjustments (COLAs) for future ·
retirees are included in the normal cost part of the rate, but normal cost does not include the amortization
of an individual employer's unfunded actuarial liability or surplus, nor does it include the cost related to
the health insurance pool. The amortization of outstanding liability/surplus will increase or decrease the
employers total rate depending on the funded status of the individual emploYer at the time they join the
pool. The health insurance pool rate will add .64 percent to the pooled rate (based on the 1999 valuation).
10. Under the rule, will the local governmentpool be responsible for actuarial
liabilities and surpluses that existed prior to the start of the pooling date?
No. Actuarial liabilities and surpluses that existed prior to January 1, 2000 will remain the responsibility
of the individual employer. None of these prior liabilities or surpluses will be passed on to the local
government pool. The local government pool will begin without any prior actuarial gains or losses.
For employers joining the local government pool after April 30, 2001, or later, the joining employer's
actuarial liabilities and surpluses will also remain the responsibility of that employer and not the pool.
Likewise, employers joining the pool April 30, 2001, or later, will not be responsible for any unfunded
actuarial liability nor will they participate in any accrued surpluses that have been accrued by the pool
prior the employer's admission to the pool.
10D
Pooling Issues
Page 5
11.
How will the amount of the pre-pooling unfunded actuarial liabilities or actuarial
surpluses be determined for each employer?
There will be two components in calculating the amount of actuarial liability or surplus for each employer
prior to pooling. The first step will be to set aside from the pooled liability the amount of actuarial liability
or surplus, by employer, as reported in the latest Actuarial Valuation. This is called the transition liability
or surplus. These liabilities or surpluses will become the responsibility of each individual employer so that
the local government pool will not fund the costs of liabilities or receive benefits from surpluses accrued
by local governments prior to pooling.
The second step will be to adjust the transition liability or surplus upwards or downwards by the amount
the employer actually paid from the last Actuarial Valuation date to the date the employer enters the pool,
as measured against what the employer would have paid had pooling rates been imposed as of the date of
the last Actuarial Valuation. This second adjustment will recognize over or under payment of the
contributions actually made by employers due to the lag between the pool start date and when the decision
to enter the pool occurs. Since the rate being paid by the employer is based on non-pooled experience, it
results in the employer paying either too much or too little from the date of the last valuation. This second
adjustment takes this "lag" into consideration in order to ensure that no prior transition liabilities or
surpluses are absorbed by the pool.
12. How will these transition actuarial liabilities or surpluses be eliminated?
For those employers joining the pool as of January 1, 2000, the transition actuarial liability or surplus will
be amortized for up to 28 years from that date. For employers that join the pool after that date, the
amortization period will be based upon the Board-approved amortization period in effect at the time the
employer joins the pool.
The employer will be charged (if liability) or will receive (if surplus) interest based upon the.Board's
assumed rate (currently 8 percent). The actuary will calculate for each employer an amortization schedule
that will result in the elimination of the liability or surplus within the Board's approved amortization
period at thc time thc employer enters the pool. The local government pooled rate for each employer will
be adjusted upward or downward by an amount sufficient to meet thc amortization schedule.
This amortization schedule will change should the Board change thc assumed earnings rate. If the
assumed earnings rate goes up, rate reductions from amortized surpluses will be increased and the rate
add-on from amortized liabilities will also increase. If the assumed earnings rate is decreased, employers
with amortized surpluses will not see as much benefit and the cost to employers with amortized liabilities
will go down.
/OD
Pooling Issues
Page 6
Every valuation period, the actuary will review the actual contributions received from each employer to
ensure amounts received (for underfunded employers) or contribution reductions (for overfunded
employers) match the calculated amortization schedule. If the actual contributions received result in an
over or under payment, the employer's rate will be recalculated to ensure that the amortization schedule is
maintained.
This methodology will ensure that each employer will get full credit for its transition surplus or pay off its
transition liability without any pre-pooling surplus or liability being assumed by the local government
pool.
13.
The pooling rule allows employers to pay off their transition actuarial liability.
How does this work?
Employers, if they have an unfunded actuarial liability as of the date they enter the pool, may choose to
payoffthe liability through a payment to PERS (UAL payment). By reducing or eliminating the unfunded
actuarial liability, the employer's rate will be reduced. A separate rule regarding the determination of the
appropriate pay off amount is in the process of being developed.
For those employers in the pool that want to make a UAL payment, PERS staff will ask employers to
provide PEPS with a notice of the amount they intend to pay 30 days prior to payment. The PERS
actuary will then recalculate the employer's rate based on information received from the employer with an
effective date that will coincide with the first of the month following the date of the payment.
This methodology will give the employers the ability to time the payments and will also allow PEPS to
give employer's prompt credit for their payments through a reduced employer rate.
14.
How will the rule handle actuarial gains and losses for local governments arising
after employers enter the pool? '
The actuarial gains and losses arising on or after the employer enters the pool will become surpluses and
liabilities of the pool. These actuarial surpluses and liabilities will be averaged and amortized over the
Board-approved amortization period at the time of last valuation. The local government pool's employer
rate will be adjusted up or down depending on whether the pool had a net surplus or liability. This is the
same methodology being used to calculate the employer rates for the school district and state/community
college pools.
Those employers who join the pool in future years will have their "pooled" employer rate adjusted so that
the actuarial gains or losses of the pool that accrued prior to the entry date, will not be included in the
joining employer's rate.
10D
Pooling Issues
Page 7
15.
What will happen to the balances in the individual employer contribution
accounts if the local governments are pooled?
The local government contribution account balances will be consolidated into one contribution account
for all local governments that join the pool. Earnings distributions and retirement charges after the date
the employer is pooled will be made to the pooled contribution account, not to individual employer
contribution accounts. Only the receipt of contributions will be tracked by individual local employer.
This is necessary for the annual reconciliation process and provides the information that allows the
actuary to determine whether each local government has made payments in accordance with its transition
liability/surplus amortization schedule.
16.
How could the local government pool account for the contribution "premium"
paid into the pool by those entities who pick-up the employees' contribution
portion (6percent of employee salary) as opposed to those employers who do not
pick-up the employee portion?
Under the current, non-pooled system, if an employer with an 8 percent rate does not pick-up the
employee's portion, the total amount paid by the employer on $100 of salary is $8 and the employee pays
$6 for a total of $14. If the employer picks-up the employee's portion, the picked-up amount becomes part
of the subject salary on which the employer's portion is calculated. This increases the subject salary and
causes the employer to pay a slight "pick-up" premium. For instance, the total paid by an employer on
$100 of salary would be $6 for the employee pick-up (6 percent x $100) plus $8.48 (8 percent x ($100 +
$6)) for the employee portion for a total of $14.48. This results in an additional contribution of $.48 per
$100.
In a pooled environment this would have been a fair calculation if Full Formula or Formula Plus Annuity
were the dominant methods by which member's benefits were calculated. Since these calculation methods
take into account the member's salary, the employee with the employer pick-up would have a higher
subject salary and therefore receive a higher benefit. The pick-up premium would be used to pay for the
higher benefit. With the predominance of the Money Match calculation, the member receives the same
benefit whether the employer picks-up the member contribution or not. As such, the pick-up "premium"
does not directly result in a higher benefit for the member. Currently, these "unused" employer
contributions are used to offset other pension obligations of the individual employer.
Statute may allow the Board to standardize the base payroll on which the employer rate is applied
regardless of whether the employer picks-up their employees' contribution or not. This base payroll will
not include the employee's contribution amount even if the employer picks-up the employee's
contribution. By using a uniform or standardized payroll base, the pick-up premitun will be eliminated.
IOD
Pooling Issues
Page 8
PLEASE NOTE: This potential solution is not part of the local government pooling rule. Bemuse it
would have an effect on other pools (primarily school district pools, it needs to be addressed as a separate
rule. The implementation of this solution will depend on the successful development of that second role.
It is planned that this nde will be pursued prior to July 1,2001, and will be effective for the local
government pool formed January 1, 2000.
17. What costs will be included in the local government pool's employer rate?
The components of the employer rate will be as follows:
2.
3.
4.
Normal cost to fully fund the member's benefit at the time of projected retirement (pooled)
Addition or reduction to amortize the pool's biennial gains or losses (pooled)
Addition or reduction to amortize the transition liability or gain (not pooled)
Health Insurance Program costs (single pooled rate that is evenly applied across all actuarial pools)
These components are no different than the components that make up the current local employer rates
except for the addition or reduction in the rate to amortize the transition actuarial liability or surplus.
Also, local employer rates currently have a 6 percent floor no matter how well-funded the employer
becomes. For emploYers that join the pool, the 6 percent floor will be removed to allow for the full
amortization of the transition surplus.
18.
How are the rates for the local government pool assigned so that general service
employers do not subsidize employers with police and fire?
Because police and fire (P & F) members are eligible for higher benefits, contribution rates for P& F
employees have historically been higher than the contribution rates for general service employees.
Because of this, a P & F rate will be calculated based solely on the experience of the P & F employees in
the pool. A separate rate will be calculated based upon the experience of general service employees in the
pool. Each local employer's normal cost rate will be calculated by multiplying the general service pooled
rate times the general service payroll to get the employer's general service cost. The P & F rate will be
multiplied times the employer's P & F payroll to obtain the P & F costs. By dividing the sum of the P & F
and general service costs by total payroll, the employer will get a rate that is a blend of its P & F and
general service. As a result, those employers with p & F employees will pay a higher rate than those
employers that have only general service employees.
Gains and losses caused by deviations from the anticipated experience will become part of the pool.
However, the P & F experience and general service experience will be reviewed every valuation period
and the respective rates will be adjusted accordingly. It is anticipated that over time employers with P & F
employees will pay for related P & F costs and employers with only general service employees will not
subsidize P & F employers.
1OD
Pooling Issues
Page 9
19.
If employers integrate or add a non-PERS district after the pooling start date but
before the implementation of pooling rates, how will these additional costs be
charged?
There will be no cost to the pool or the acquiring employer beyond the normal cost rate as long as prior
service time or member account balances are not included as part of the integration or merger agreement.
If there is no prior service time, all the employer or the pool will be required to pay is the normal cost of
the added staff from the date of the integration or merger.
However, if prior service is part of the integration or merger agreement, the actuarial liability related to
the prior service cost will be determined and an amortization schedule will be established, as outlined
earlier in this document, for the integrating or merging employer. The pool will not assume costs related
to the prior service or previous account balances given to integrating or merging employees.
2O.
How are mergers, consolidations, etc. handled when one or both of the
combining entities are in the pool?
The nde currently requires that if an employer or class of employees outside the pool merge, consolidate,
etc. with an employer or class of employees within the pool, then the employer or class of employees
outside the pool must also join the pool. However, if both merging, consolidating, etc, employers or class
of employees are outside the local government pool, then they may remain outside of the pool. Likewise,
if both of the merging, consolidating, etc. employers or classes of employees are in the pool, then the
employer and their employees will continue to be part of the pool.
Although this has been adopted as part of the current rule, the PERS Board has directed staff to form an
advisory committee for the purpose of studying the issue and making a recommendation to the Board on
how best to handle mergers, consolidations, etc. Based on this recommendation and the recommendation
of PERX staff, the Board may amend the pooling rule to include this feature. It is the Board's intent to
complete its study of this issue, and amend the rule, if needed, by July 1, 2001.
1e
Ifa mix of employers join the local government pool, some allowing and some
not allowing sick leave and accrued vacation to be used as part of the benefit
calculation formula, how will the resulting differences in costs be divided after
pooling begins?
All costs related to the use of accrued vacation and sick leave in the calculation of member benefits will
be shared by all participants in the pool, regardless of whether they offer this option to their employees or
not. Because the Money Match calculation does not use sick leave or accrued vacation in the calculation
of benefits and bemuse Money Match will provide the retirement benefit for about 95 percent of future
Pooling Issues
Page 10
retirees, costs related to this issue should have a minor impact on the pool.
22.
If an employer in the local government pool has predominately Tier H employees,
do they pay the same pooled normal cost rate as those employers with
predominately Tier · employees?
Yes. Although PERS is constantly reviewing ways to make rate calculations more precise, under the role
all employers in the local government pool will pay the same normal cost rate regardless of the Tier make-
up of their employees due to the complexities related to tracking actual costs and contributions by Tier
and by employer. Even so, the cost variation should not be significant for most employers in the pool.
23.
How are disability costs divided among the employers in the pool?
Disability costs are projected by the actuary and are included in the normal cost part of the pooled rate.
Because of this, all pool participants pay the same "disability rate" no matter the disabilities experienced
by individual employers. The actuary estimates that the total disability cost included in the local
government pool will be less than 1 percent of payroll.
ATTACHMENT A
10D
Employer Rate History as of
Valuation Date
Valuation State School Agencies System
Year Agencies Districts (Average) Totals
1975 10.$9°,~ 11.94%! 10.27% 11.21%
I977 10.91% 13.27% I0.74%o 11.87%
1979 10.95%o~ 11.64°/o 9.49% I0.97%
1982 I0.57%' 10.29% 9.08% 10.13%
1985 10.24% 11.71% 10.11% 10.87%
1987 10.31% 12.73% 10.16°,~ 11.30%
1989 8.76% 10.96°,~ 9.16% 9.74%
1991 8.78% 9.96% 8.52% 9.19%
1993 8.47% 9.92% 8.87% 9.15%
1995 8.22% 10.32% 9.66°/~ 9.42%0
1997 9.61% 12.66% 11.63%' I1.40%
1999 9.51% 12.69% 9.77% 10.74°A
Note: These rates are as of the valuation C ate. The
actual rate assessed will be different due to
delayed implementation.
OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
INITIAL POOLING RATE EXHIBIT- MARCH 16, 2001
IOD
Page 1 of 2
Employer: CITY OF WOODBURN
Employer Number: 2303
General Police
Service & Fire
1999 Valuation Payroll $ 3,015,082 $ 965,890
Composite Results
$ 3,98O,972
Normal Cost Rate 8.96% 12.06% (A)
Retiree Health Subsidy
Total before Amortization of Transition Liability (B)
Amortization of Transition Liability from July, 2001
Unfunded Actuarial Liability at December, 1999 (C)
Adjustment for Pooling Delay until July, 2001 (D)
Total Amortization Rate (E)
Total Pooled Rate on July 1, 2001 (F)
-2.28%
0.01%
-2.27%
9.71%
0.6456
10.35%
-2.27%
8.08%
Calculation of Rate Available for Amortization
1/1/00 7/1/00 7/1/01
Current Rate Schedule
Less Normal Cost Rate
Less Retiree Health
Available for Amortization
11.40% 11.40% 7.99%
9.63% 9.63% 9.63%
0.64% 0.64% 0.64%
1.13% 1.13% -2.28%
Pooling Delay Adjustment
Individual Rate 9.63%
Pooled Normal Cost 9.71%
Difference 0.08%
Amortized from July, 2001
to December, 2027 0.01%
Calculation of Transition Liability at December 31. 1999
Unfunded Actuarial Liability from 1999 Valuation Report
Calculation of Pooling Delay Adjustment
Projected Pooling Annual Present
Payroll Change Difference Value
2000 4,064,687 0.08% 3,252 3,129
2001 4,237,437 0.04% 1,677 1.524
Total Transition Liability calculated as of December 31, 1999
Liability_ Rate
$ (1,412,447) -2.28%
4.653 0.01%
$ (1,407,794) -2.27%
PREPARED BY MILLIMAN & ROBERTSON, INC.
OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
INITIAL POOLING RATE EXHIBIT-- MARCH 16, 2001
10D
Page 2 of 2
Employer: CITY OF WOODBURN
Employer Number: 2303
Amortization of Transition Liability from D~cember 31, 1999
Projected Amort. Annual Outstanding
Dec 31 st Payroll Rate Payment TL Balance
1999 3,980,972 (1,407,794)
2000 4,064,687 1.13% 45,931 (1,568,151)
2001 4,237,437 -0.59% (24,871) (1,667, 756)
2002 4,417,528 -2.27% (100,213) (1,697,033)
2003 4,605,273 -2.27% (104,472) (1,724,226)
2004 4,800,997 -2.27% (108,912) (1,748,979)
2005 5,005,039 -2.27% (113,540) (1,770,903)
2006 5,217,753 -2.27% (118,366) (1,789,566)
2007 5,439,508 -2.27% (123,396) (1,804,494)
2008 5,670,687 -2.27% (128,641) (1,815,166)
2009 5,911,691 -2.27% (134,108) (1,821,010)
2010 6,162,938 -2.27% (139,808) (1,821,399)
2011 6,424,863 -2.27% (145,749) (1,815,643)
2012 6,697,919 -2.27% (151,944) (1,802,990)
2013 6,982,581 -2.27% (158,401) (1,782,614)
2014 7,279,341 -2.27% (165,133) (1,753,612)
2015 7,588,713 -2.27% (172,152) (1,714,995)
2016 7,911,233 -2.27% (179,468) (1,665,686)
2017 8,247,460 -2.27% (187,095) ( 1,604,506)
2018 8,597,977 -2.27% (195,047) (1,530,168)
2019 8,963,391 -2.27% (203,336) (1,441,268)
2020 9,344,336 -2.27% (211,978) (1,336,275)
2021 9,741,470 -2.27% (220,987) ( 1,213,520)
2022 10,155,482 -2.27% (230,379) (1,071,185)
2023 10,587,090 -2.27% (240,170) (907,287)
2024 11,037,042 -2.27% (250,378) (719,670)
2025 11,506,116 -2.27% (261,019) (505,985)
2026 11,995,126 -2.27% (272,112) (263,677)
2027 12,504,919 -2.19°/6 (274,021 ) 0
PREPARED BY MILLIMAN & ROBERTSON, INC.
i IOD
COUNCIL BILL NO. 2309
RESOLUTION NO.
A RESOLUTION ELECTING TO APPLY FOR ENTRY INTO THE OREGON PUBLIC
EMPLOYEES RETIREMENT SYSTEM LOCAL GOVERNMENT RATE POOL.
WHEREAS, the Board of Trustees of the Public Employees Retirement System
has adopted Oregon Administrative Rule 459-009-0070 which allows the formation of a Local
Government Rate Pool; and
WHEREAS, participation in the Local Government Rate Pool has been
determined by the City Council to be a prudent action; now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn, OPERS Employer Number 2303, hereby
elects to apply for entry into the Oregon Public Employees Retirement System Local Government
Rate Pool.
Section 2. That a copy of this resolution will be delivered to the Oregon Public
Employees Retirement System for acceptance into the Local Government Rate Pool effective
with the actuarial period beginning January 1, 2000.
Approved as to Form:~"'~r'~ .~'- ~ ~ o
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
.Filed in the Office of the Mayor
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
IOE
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(50~ 982-5246
Date:
To:
From:
Subject:
May 14, 2001
Honorable Mayor and City Council thru City Administrator<~
Jim Mulder, Director of Community Development~J~
[/
Resolution Calling for Public Hearing on AnneXation Case No. 01-02
and Zone Change Case No. 01-02 (Woodburn Carcraft).
Recommendation: It is recommended that the City Council adopt the attached
resolution calling for a public hearing on June 11, 2001 to consider Annexation Case
No. 01-02 and Zone Change Case No. 01-02.
Background: The applicant, Doug Templeton, requests annexation of the Woodburn
Carcraft site located at 220 S. Pacific Hwy. The Planning Commission held a public
hearing on this application at its April 26, 2001 meeting. State statute requires the City
Council to set a time and date for a public hearing on the proposed annexation.
COUNCIL BILL NO. 2310
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF HIGHWAY 99E,
APPROXIMATELY 600 FEET SOUTH OF THE WILLAMETTE VALLEY RAILROAD.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 222.120, 7:00 p.m. on June 11, 2001 is declared to be the
time set for public hearing before the Woodbum 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 City for like period.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, City Recorder
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
IOE
EXHIBIT "A"
Real property located at 220 S. Pacific Highway, Woodburn, County of Marion, State of Oregon,
more particularly described as:
Beginning at a point which is North 32°15, East 434.1 feet from the
Southwest corner of Lot 4 of the subdivision of the B. S. Bonney
Donation Land Claim in Township 5 South, Range 1 West of the
Willamette Meridian, in Marion County, Oregon; thence Nodh 59°47'
West 338.76 feet; thence South 32°15' West 150 feet; thence South
61 °06' East 433.58 feet to the West line of land conveyed to General
Foods Corporation by deed recorded in Volume 288, page 672,
Deed Records for Marion County, Oregon; thence North 32°15' East
140 feet; thence North 59°47' West 94.3 feet to the place of
beginning.
SAVE AND EXCEPT therefrom that part conveyed by Fred
Pommerning and wife to the State of Oregon by deed recorded
February 14, 1933, in Volume 216, page 18, Deed Records for
Marion County, Oregon.
Page I - Exhibit F.
" 'T r ~r
101
'fOUd.~AVE
/
~c~ ~ ~ ECT
~ ~TE
IOF
COUNCIL BILL NO. 2311
RESOLUTION NO.
A RESOLUTION SUPPORTING THE CITY OF WOODBURN TRANSPORTATION GROWTH
MANAGEMENT PROGRAM GRANT APPLICATION FOR A TRANSPORTATION UPDATE OF THE
HISTORIC DOWNTOWN TRANSPORTATION PLAN.
WHEREAS, The Oregon Department of Transportation and the Oregon Department of Land
Conservation and Development sponsor a joint Transportation Growth Management (TGM) grant
program for local governments, and
WHEREAS, An eligible use of TGM grant program is for a project that combines land use
planning with transportation facility planning for a downtown, and
WHEREAS, One of the purposes of the City of Woodburn urban renewal district is to improve
and enhance the existing historic downtown core of the community, and
WHEREAS, The city has determined that an evaluation and update of the downtown
development plan focusing on transportation enhancements for all transportation modes is required
as part of the urban renewal effort for the historic downtown core; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn Council supports the proposed application by the City
of Woodburn for a Transportation Growth Management (TGM) grant to prepare a transportation plan
update for the historic downtown development plan.
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrato~
Public Works Program Manager,~~'~
Transportation Growth Management Grant Support Resolution
May 10,2001
RECOMMENDATION:
Approve the attached resolution in support of a City application for a Transportation and
Growth Management (TGM) grant to update the transportation portion of the Historic
Downtown Plan.
BACKGROUND:
The Transportation and Growth Management Program is a joint program of the Oregon
Department of Transportation (ODOT) and the Oregon Department of Land Conservation
and Development (DLCD). It is funded with federal Transportation Equity Act for the 21st
Century (TEA-21) and State of Oregon funds. Pending legislative approval, up to $4
million will be available for grants to local jurisdictions for the 2001-03 biennium.
The City of Woodburn received a TGM grant in 1996 to prepare its Transportation
System Plan (TSP). The City of Woodburn has formed an urban renewal district with
the purpose of improving and enhancing the existing historic downtown core of the
community. One of the facets of the existing downtown development plan that is
deficient is an evaluation and update focusing on transportation enhancements that
can be included as part of the urban renewal process. The shape of these
transportation enhancements must be professionally evaluated and prepared for
inclusion in an update of the Woodburn Downtown Development plan. The updated
plan will guide future improvements that are contemplated as part of the urban renewal
effort for the historic downtown core.
The application is due May 21,2001. The City is applying for a $30,000.00 grant. The
City would be required to provide an in-kind match of staff labor totaling 10.27% of the
eligible project costs. The objective of this effort will be to provide an updated planning
document that can be used to guide the improvements to be financed as part of the
city's urban renewal plan that will be undertaken to revitalize the city's historic
downtown core area.
10G
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
May 14, 2001
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development/~
I~
Resolution Approving a Transportation and Gr~4vth Management (TGM)
Grant Application to Update the City of Woodburn Transportation System
Plan
RECOMMENDATION:
Approve the attached resolution in support of a City application for the Transportation and
Growth Management (TGM) grant to update the City of Woodburn Transportation System Plan.
BACKGROUND:
The Transportation and Growth Management Program is a joint program of the Oregon
Department of Transportation (ODOT) and the Oregon Department of Land Conservation and
Development (DLCD). It is funded with federal Transportation Equity Act for the 21st Century
(TEA-21) and State of Oregon funds. Pending legislative approval, up to 4 million will be
available for grants to local jurisdictions for the 2001-03 biennium.
The City of Woodbum received a TGM grant in 1996 to prepare its Transportation System Plan
(TSP). Since the adoption of the TSP, an alternatives analysis of Highway 214 and an I-5
Refinement Plan have been completed. These two items need to be incorporated into the TSP.
The modeling done as part of the original TSP also needs to be redone since there are still
questions regarding zone allocations that were made. The revision of the TSP to reflect these
studies is one of the required tasks for the completion of the periodic review process. In
addition, the TSP needs to be updated to incorporate changes in the comprehensive plan goals
and policies resulting from the completion of the Economic Opportunities Analysis and periodic
review tasks.
DISCUSSION:
Attached is a resolution in support ofa TGM grant application to update the city's TSP. The
application is due May 21, 2001. The City is applying for a $65,000.00 grant. The City would
be required to provide an in-kind match of staff labor totaling 10.27% of the eligible project
costs. The outcome of this effort will be an updated TSP that will provide the planning
document that will look at the city's transportation needs for the next 20 years.
lOG
COUNCIL BILL NO. 2312
RESOLUTION NO.
A RESOLUTION BY THE CITY OF WOODBURN IN SUPPORT OF AN APPLICATION FOR A
TRANSPORTATION AND GROWTH MANAGEMENT GRANT FROM THE OREGON
DEPARTMENT OF TRANSPORTATION AND OREGON DEPARTMENT OF LAND
CONSERVATION AND DEVELOPMENT
WHEREAS, The Oregon Department of Transportation and the Oregon Department of
Land Conservation and Development sponsor a joint Transportation and Growth Management
(TGM) grant program for local governments; and
WHEREAS, An eligible use of TGM grant program is for the updating of the
Transportation System Plan (TSP) that combines land use planning with transportation facility
planning; and
WHEREAS, The objective will be an update of the city's TSP that will allow this task of
the city's periodic review process to be completed; and
WHEREAS, The outcome of this effort will be an updated TSP that will provide the
planning document that will look at the city's transportation needs for the next 20 years; and
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn supports the application for a Transportation and
Growth Management (TGM) grant from the Oregon Department of Transportation and Oregon
Department of Land Conservation and Development for $65,000.00 to update the city's
Transportation System Plan as specified above.
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page I - COUNCIL BILL NO.
RESOLUTION NO.
MEMO
TO:
FROM:
DATE:
Public Works Directo~
May 10, 2001
SUBJECT:
Deletion of Sewer Service Charge from Properties Not Connected to City
System
RECOMMENDATION: Approve the attached ordinance that deletes the provision of billing
the sewer service charge to properties located within 100 feet of adequate sewer mains even
if the property is not connected to the city sewerage system.
BACKGR,,OUND: City of Woodbum has great interest in minimizing the sub-surface
pollution possibilities to protect its underground water source. In addition, the city must
comply with the environmental regulations of the state. During the ordinance review process
the Department of Environmental Quality (DEQ) introduced a provision of state regulation
requiring the properties on failing septic systems located within 300 feet of adequate city
sewer mains to connect to the city sewerage system. In addition, the city and DEQ had
agreed that the properties within 100 feet of adequate sewer mains must either be required
or strongly encouraged to connect to city sewerage system since expenditures have been
made to enlarge the facility to take care of pollution problems. Thus, the policy of placing a
minimum monthly service charge on the properties located within 100 feet of an adequate
sewer main for a year or more was included in the adopted ordinance. During my recent
telephone discussion with DEQ representative, it was expressed that this provision is not
their major concern and it may be removed at the city's option. However, the structures on a
failing septic system must be connected to city sewerage system.
The attached ordinance, if approved, will delete the prior ordinance provision that allows
collection of sewer service charge from the properties located within 100 feet of adequate
sewer main even if the structure is not connected to the city system. At present staff has
identified only two properties that are being charged under this category.
1OH
Special Remark: It is recommended that the proposed ordinance modification be approved
regardless of whether the compulsory annexation being considered is approved or not.
GSTUg
GST~Sewe~ChgModif~Deletion of Sewer Service Charge
COUNCIL BILL NO. ' 2313
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2157 (THE WASTEWATER USER
CHARGE ORDINANCE); REPEALING ORDINANCE 2174; AND DECLARING AN
EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 1 of Ordinance 2157 is amended to read as follows:
General Provisions. That a charge, as provided in this ordinance, will be added
to each municipal water bill or statement issued by the City of Woodburn. Such
charges will apply to all monthly periods of water use and service received from
the City, and such charges will be collected from water users in the same manner
and under the same provisions of law as other charges for water use and services.
Such charges will be levied against each water account, excepting those accounts
providing only fire or irrigation service, and other services which do not utilize
the city sewerage system for their wastewater treatment and disposal.
A like charge may be made to all premises within the city limits which are supplied with
water from sources other than thc city water system. A separate charge will bc collected
from all premises outside thc City which discharge to thc city sewerage system. The
premises connected to a water system other than the city system may be required to
provide metering devices for the waste discharge calculations. An additional charge will
be collected for "recreational vehicle waste water discharge" stations. All city municipal
service buildings will continue to be exempted from the charges outlined in this
ordinance unless modified by council action. Interpretation and administration of this
ordinance and its provisions will be the responsibility of the City Engineer.
This ordinance also deals with permitted industrial/commercial loading-related service
charges. However, the city-issued waste discharge permits that reflect EPA and DEQ
requirements and other capacity connection fee requirements related to loadings, are not
covered by this ordinance.
Section 2. Section 5(B)7 of Ordinance 2157 is amended to read as follows:
All sewer structures located within 300 feet of an adequate city sewer main, and
experiencing septic system failure, must connect to the city sewer system. No
new subsurface wastewater treatment and disposal (septic tank system) shall be
allowed within the city limits.
Section 3. Ordinance 2174 is hereby repealed.
Page 1 -
COUNCIL BILL NO.
ORDINANCE
10H
Section 4. 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 Coun~cil and approval by the Mayor.
Approved as to form.~-' ~" 1/~~_~ .~'- ?-- ~_..OO /
N. Robert Shields, City Attorney Date
Approved:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO.
ORDINANCE
10I
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
May 14, 2001
Honorable Mayor and City Council thru City Administrator~'~''~
Jim Mulder, Director of Community Development /~
//
Ordinance to Adopt Supplemental Findings forVAnnexation 98-03,
Comprehensive Plan Map Amendment 98-02 and Zoning Map
Amendment 98-04 (Woodburn Company Stores)
RECOMMENDATION: Approve the attached ordinance adopting supplemental findings
in support of approval of Annexation 98-03, Comprehensive Plan Map Amendment 98-02
and Zoning Map Amendment 98-04.
BACKGROUND: The City Council, at its May 7, 2001 special meeting, conducted a public
hearing concerning the above referenced project. At the conclusion of that hearing, the
Council directed staff to prepare an ordinance to adopt supplemental findings in support
of approval of the above referenced applications. That ordinance is attached.
COUNCIL BILL NO. 23~4
ORDINANCE NO.
AN ORDINANCE ADOPTING SUPPLEMENTAL FINDINGS WHICH SUPPORT
APPROVAL OF ANNEXATION 98-03 , COMPREHENSIVE PLAN MAP AMENDMENT
98-02 AND ZONING MAP AMENDMENT 98-04 FOR ANNEXATION,
COMPREHENSIVE PLAN MAP AND ZONING MAP APPROVAL ON 8.0 ACRES FOR
PHASES 2 AND 3 OF THE WOODBURN COMPANY STORES; AND DECLARING AN
EMERGENCY.
10I'
WHEREAS, the applicant, Craig Realty Group-Woodburn, LLC, requested supplemental
review of specific approval criteria for Annexation 98-03, Comprehensive Plan Map Amendment
98-02 and Zoning Map Amendment 98-04 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; and
WHEREAS, the Woodbum City Council has reviewed the record pertaining to said
request and heard all public testimony presented on said request; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That supplemental findings in support of approval of Annexation 98-03,
Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04 are hereby
adopted based upon the Supplemental Findings in Support, which is affixed hereto as
Attachment "A".
Section 2. That the comprehensive plan amendment and zone change approval is subject
to the conditions of approval contained in Council Ordinance No. 2240 and an additional
condition of approval contained in Attachment "B", which is affixed hereto and incorporated
herein, which the Council finds reasonable.
Section 3. That 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 Council and approval by the Mayor.
Passed by the Council
Submitted to the Mayor
Approved:
Richard Jennings, Mayor
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
10I
ATTACHMENT "A"
SUPPLEMENTAL FINDINGS IN SUPPORT
OF
ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND
ZONING MAP AMENDMENT 98-04
II.
REQUEST:
The applicant 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 Woodbum's decision to
approve said application. 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 Woodbum Company Store's project and west of Arney Road.
RELEVANT APPROVAL CRITERIA:
There are no applicable city of Woodbum 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 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 1-5
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."
III.
BACKGROUND:
The applicant and city staff met with Oregon Department of Transportation ("ODOT")
representatives to develop conditions satisfying ODOT and Department of Land
Conservation and Development's ("DLCD") concerns in regard to the Council's decision
to approve this project and have agreed to an appropriate condition of approval and that
Supplemental Findings in Support - Annex 98-03, CPA 98-02 and ZMA 98-04
1
10I
IV.
condition is included in these findings. ODOT was the only other party to testify on the
record and agreed with the proposed Condition of Approval and DLCD did not appear.
FINDINGS:
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.
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.
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, upon
which the City has conditioned the proposed development, will ensure that traffic
operations standards are met in the short term.
This approval is subject to the condition of approval contained in Attachment
"B", attached hereto.
CONCLUSION:
The above condition of approval, and any conditions of approval set forth in the 1999
decision approving these amendments, and the evidence submitted, including the staff
report, satisfy the LUBA remand issues and this application can be and therefore is
approved.
Supplemental Findings in Support - Annex 98-03, CPA 98-02 and ZMA 98-04
2
ATTACHMENT "B"
ADDITIONAL CONDITION OF APPROVAL
ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND
ZONING MAP AMENDMENT 98-04
The Applicant shall pay its proportional share of a portion of the estimated cost of the Eastbound
OR 219-to-Southbound I-5 and Westbound OR 214-to-Northbound I-5 improvements. Applicant
shall enter into a Cooperative Improvement Agreement with ODOT that will require that the
money be placed into an interest-bearing account prior to any occupancy for Phase III. This
interest-bearing account will be held by the State of Oregon for use only on development and/or
construction of Improvements to the Woodburn Interchange. The amount shown below is the
maximum amount regardless of the scope of the improvements. The estimated cost of the
Eastbound OR 219-to-Southbound I-5 improvement, consisting exclusively of a 425 foot long by
12 foot wide asphalt vehicle travel lane plus taper, is $217,940. The estimated cost of the
Westbound OR 214-to-Northbound I-5 improvement, consisting exclusively of a 425 foot long by
12 foot wide asphalt vehicle travel lane plus taper, is $363,850. The Applicant's proportional share
of the Eastbound OR 219-to-Southbound I-5 improvement, consisting exclusively of a 425 foot
long by 12 foot wide asphalt vehicle travel lane plus taper, is calculated to be 6.7 percent and the
Applicant's proportional share of the Westbound OR 214-to-Northbound I-5 improvement,
consisting exclusively of a 425 foot long by 12 foot wide asphalt vehicle travel lane plus taper, is
calculated to be 5.9 percent. Therefore, the Applicant's proportional share of the Eastbound
OR 219-to-Southbound I-5 improvement, consisting exclusively of a 425 foot long by 12 foot wide
asphalt vehicle travel lane plus taper, is calculated to be $14,600, and the Applicant's proportional
share of the Westbound OR 214-to-Northbound I-5 improvement, consisting exclusively of a 425
foot long by 12 foot wide asphalt vehicle travel lane plus taper, is calculated to be $21,470, for a
total of $36,070. The Applicant's total contribution shall not exceed $36,070. The formulae used
to calculated these figures are as follows:
Eastbound OR 219-to-Southbound I-5 improvement (425' x 12' asphalt vehicle travel lane plus taper)
a) Year 2003 weekday p.m. peak hour background volume/capacity
ratio (without traffic from Phases II and III)i: = 0.90
b) Year 2003 weekday p.m. peak hour total volume/capacity
ratio (including traffic from Phases II and III)~:
0.96
c) Net proportional effect of traffic from Phases II and III:
[0.96 - 0.90] / 0.90 = .06/.90
= 0.067
d) Estimated improvement cost:
$217,940
e) Totalproportionaldollarcontribution due ~om PhasesIIandlIl:
.067 x $217,940
$14,600
Westbound OR 214-to-Northbound I-5 improvement (425' x 12' asphalt vehicle travel lane plus taper)
a) Year 2003 weekday p.m. peak hour background volume/capacity
ratio (without traffic from Phases II and III)~: = 0.85
b) Year 2003 weekday p.m. peak hour total volume/capacity
ratio (including traffic from Phases II and III)~:
0.90
10I
Conditions of Approval for ANX 98-03, CPA 98-02, ZC 98-04
Page I
c) Net proportional effect of traffic from Phases II and III:
[0.90 - 0.85] / 0.85 = .05/.85
= 0.059
d) Estimated improvement cost:
$363,850
e) TomlpropoRionaldollarcontribution due ~om Phaseslland III:
.059 x $363,850
$21,470
Total proportional dollar contribution due from Phases II and III:
$36,070
If no construction contract is in place for both improvements by December 3 !, 2009, the fund's principal and interest
shall be returned to Craig Realty Group~Woodburn LLC. If Craig Realty Group~Woodburn LLC no longer exists
as a bona fide business entity, then the fund's principal and interest shall be returned to Eureka Realty Partners, Inc.
If neither Craig Realty Group--Woodburn LLC nor Eureka Realty Partners, Inc. exists as a bona fide business
entity, then the fund's principal and interest shall be returned to Steven L. Craig.
~Transportation Impact Analysis: Woodburn Factory Stores - Phases II/III. Kittelson & Associates, Inc. (December
1998)
10I
Conditions of Approval for ANX 98-03, CPA 98-02, ZC 98-04 Page 2
/027-
MEMO
To:
From:
Subject:
Date:
For Council Action, through the City Administrator
Randy Scott, C.E. Tech III, through the Public Works Director
Contract Award for Columbia Drive and South Cascade Drive
May 14, 2001
RECOMMENDATION:
It is being recommended the City Council award the construction contract to the lowest
responsible bidder, Parker Northwest Paving Co. for the Resurfacing Improvements for Columbia
Drive and South Cascade Drive in the amoum of $87,534.50.
BACKGROUND:
The contract is in conjunction with Project No. 2001-013-11, Bid No. 21-15, for resurfacing
Columbia Drive and South Cascade Drive. The project includes surface repairs for the areas of
severe failure, a wearing course will then be placed of paving fabric.
The project will be funded using approved resurfacing/maintenance budgeted funds.
Staff received a total of five qualified bids as listed below
1. Parker Northwest Paving Co. $87,534.50
2. Morse Bros. $89,997.25
3. Salem Road & Driveway $98,649.00
4. North Santaim Paving $98,871.00
5. D & D Paving $112,936.25
Engineers Estimate
$121,575.00
The low bidder is 28% below the engineers estimate, therefor staff is recommending the contract
be awarded.
Attachment "A" is a Project Location Map
MEMO
To: For Council Action, through the City Administrator~
From;
Subject:
Date;
Randy Scott, C.E. Tech III, through the Public Works Director
Contract award for Columbia Drive & South Cascade
May 10, 2001
RECOMMENDATION:
It is being recommended the City Council award the construction
responsible bidder, Parker Northwest Paving Co. for the
Drive and South Cascade Drive ( and West Hayes) in the
$87,534.5 for Columbia & Cascade + $29,149.00 for West
to the lowest
Improvements for Columbia
of $116,683.49. (Note,
BACKGROUND:
The contract is in conjunction with Project No.
Columbia Drive and South Cascade Drive. The
severe failure, a wearing course will then be
Bid No. 21-15, for resurfacing
includes surface repairs for the areas of
of paving fabric.
Because of its proximity, tM
West Hayes Street from Evergreen
the immediate vicinity this summer, it
West Hayes is scheduled for
repair will not escalate with the
a reasonable cost this year.
amount includes an additional 33% to resurface
Harvard Drive. With the proposed developments in
truck traffic will increase. This portion of
next year, if the project is moved forward the cost of
track traffic, and the project would be accomplished at
The project will be funded
approved resurfacing/maintenance budgeted funds.
Staff received a total
qualified bids as listed below
1. Co. $87,534.50
2. Bros. $89,997.25
3. 1 & Driveway $98,649.00
4. Santaim Paving $98,871.00
5. D & D Paving $112,936.25
~neers Estimate
$121,575.00
10J
bidder is 28% below the engineers estimate, therefor staffis recommending the contract
awarded.
Attachment "A" is a Project Location Map
IoK
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrato~~'~
Public Works Program Manager ,~,~ ~
Bid Award for Aerator/Composter Unit
May 8, 2001
RECOMMENDATION.
Award City of Woodburn Bid 21-14 for an aerator/composter unit to Corvallis New
Holland, Inc. for $16,572.00.
BACKGROUND: City of Woodburn bid number 21-14 for one aerator/composter unit
was opened and read at 1:30 P.M. on April 30, 2001. Results were:
Bidder
Amount
Corvallis New Holland, Inc.
$16,572.00
The aerator/composter is a specialized piece of equipment that will be used for
turning and aerating biosolids to accelerate processing in the drying beds developed
as part of the treatment plant upgrade. There were only three bid packages sent out
in response to this bid request. During engineering design of the treatment plant in
1998 the estimated cost in 2000 dollars was $24,500. Corvallis New Holland, Inc.
has been in business for 50+ years and has sold several of these units to treatment
plants in Oregon. Staff checked with the City of Redmond treatment plant which
purchased a similar unit last year and they were pleased with the unit and service
provided by Corvallis New Holland, Inc.
The bid price received from Corvallis New Holland, Inc. is reasonable. Funds for this
purchase were budgeted in the wastewater treatment plant construction account.
Staff is recommending award of the bid to Corvallis New Holland, Inc.
City of Woodburn
Police Department
270 Montgomery Street
STAFF REPORT
Date:
From:
Woodbum OR 97071
roi
Through:
May 9, 2001 ~
Paul Null, Chief of Poli
Subject:
Applicants:
Location:
Mayor and City Council
John Brown, City Administratox
(503) 982-2345
Liquor License Application for Additional Privilege - Su Casa Imports
Su Casa Imports
Rafael Mendoza
2697 NE Grant Street
Hillsboro, OR 97124
Isabell Mendoza
2697 Grant Street
Hillsboro, OR 97124
Su Casa Imports
North Pacific Plaza (Mall 99)
1032 N. Pacific Hwy.
Woodburn, OR 97071
Ph. 503-262-7030
10L
Current License Type:
Limited Off-Premise Sales - Allows for package sale of Malt
Beverage, Wine, and Cider
Additional Privilege License Type:
Full On-Premise Sales - Allows for the sale of distilled
spirits, malt beverages, wine, and cider for consumption at
the license premise.
Recommendation:
The Woodburn City Council approve a Full On-Premise Sales liquor
license for Su Casa Imports with special conditions as outlined in
Compliance Plan.
On April 20, 2001, the police department received an application for a liquor license from Mr.
and Mrs. Mendoza, owners Su Casa Imports. The applicants currently hold a Limited Off-
Premise Liquor License and are requesting an additional privilege to sell alcoholic beverages on
premise.
The applicants were contacted during the course of the investigation in regards to the operational
plan for this establishment. Mr. and Mrs. Mendoza have been in operation at Su Casa Imports
since 1997. Su Casa Imports hours of operation are from 9:00 a.m. to 9:00 p.m. daily. Su Casa
Imports currently utilize approximately 75% of their location as a grocery store and 25% as a
small taqueria. The taqueria currently has family seating for 22 persons and is open to the store
area.
A police records check of the business revealed the police department has responded to this
business twenty times in the last three years for minor calls for service (15 of these calls for
service were for alarms.) I met with the applicants and spent considerable amount of time
discussing the police departments concerns of serious and persistent problems of previous license
establishments at this location. Mr. & Mrs. Mendoza demonstrated an exceptional willingness
to develop a Compliance Plan to reduce the likelihood of potential problems at their
establishment. The applicants advised they own a similar establishment in the City of Hillsboro
and have operated that liquor establishment since 1990 without incident. Mr. & Mrs. Mendoza
stated they have worked very closely with the Hillsboro Police Department in cleaning up the
area at their Hillsboro location and assisted in the development and financial support of a police
store front office.
I contacted Ron Louie, Chief of Police of Hillsboro, who confirmed that the Mendoza's own and
operate a similar business in Hillsboro. Chief Louie stated he has nothing but praise for Mr. and
Mrs. Mendoza who were instrumental in cleaning up a crime ridden area of town. Chief Louie
advised Su Casa Imports in Hillsboro is a well run business which caters to family clientele and
are very good neighbors to other businesses.
The police department recommends to the city council that the liquor license be approved based
on the following reasons; applicants have taken reasonable actions through the compliance plan
to mitigate potential problems; Su Casa Imports does not have nor intends on having a tavern or
bar atmosphere; the shopping mall has recently been remodeled attracting law abiding clientele;
the police department has an office within the mall with a 24 hour police presence.
10L
cc OLCC
Applicant
IOL
Su Casa Imports Woodburn Police Department
1032 N. Pacific Hwy. 270 Montgomery Street
Woodburn, OR 97071 Woodburn, OR. 97071
Su Casa Imports
Compliance Plan
Due to the history of serious and persistent problems of previous liquor license establishments
located at 1032 N. Pacific Hwy., the following plan and restrictions are agreed upon and made part
of conditions of licensing for Su Casa Imports.
1. Owner or manager will make all employees aware of the compliance plan.
2. Require all employees to attend and successfully complete an alcoholic servers class
approved by the OLCC prior to serving any alcoholic beverage.
3. No alcoholic beverages will be sold before 10:00 a.m., nor after 10:00 p.m.
4. Alcoholic beverages will be served only with meals ordered and consumed on the premise.
5. No dancing will be allowed in the establishment.
6. Live music will be limited to non-amplified bands.
7. The owner or designated management person approved by the OLCC, will be at the
licensed premises at all times.
8. For special functions (private parties), management shall provide notification of such an
event to the Chief of Police seven days in advance of the event.
9. Owner or employees will bar any patron(s) who is reasonably suspected of, or observed
engaged in, illegal drug or criminal activity.
10. Owner or employees will notify police of any patron(s) who is reasonably suspected of, or
observed engaged in, illegal drug activity, criminal activity, or who cause or initiates fights,
create disturbances, or trespass upon the premises. If an arrest is made, the owner or
employee will sign a citizens arrest form when applicable.
11. Employees who knowingly violate store policies, OLCC laws and administrative rules, or
state statutes, in the course of business, will be terminated.
'Rafa[1 Mendoza -Da~e
Su Casa Imports Su Casa Imports
Date
Paul E. Null Date
Chief of Police
1OM
City of Woodburn
Police Department Staff Reiport
Woodbum, Oregon 97071 (503) 982-2352
270 Montgomery Street
Date:
From:
To:
Through:
May 8, 2001
Deputy Chief Scott Russell
Richard Jennings, Mayor
City Council
John Brown, City Administrat
Subject: ODOT Pedestrian Safety Enforcement Grant
Recommendation: The City Council approve the acceptance of a grant in the amount
of $1800.00 from ODOT Traffic Safety Division to fund targeted local police
enforcement of crosswalk safety laws by providing overtime funding for officers
salaries.
As part of The Woodburn Police Departments ongoing efforts to reduce pedestrian
verses vehicle accidents application was made for a grant from ODOT's Traffic Safety
Division. The purpose of this grant is to fund targeted local police enforcement of
crosswalk safety laws by providing overtime funding for officers salaries. The focus of
the enforcement will be to gain motorist compliance in stopping for pedestrians in
crosswalks. Officers will also assure that pedestrians are complying with appropriate
laws.
The amount of the grant is $1800.00 and would cover personnel costs associated with
this enforcement activity. The grant requires all funds to be expended between May
17, 2001 and July 1, 2001. If approved the targeted enforcement activities will be
conducted on five separate days and several crosswalk locations within the City of
Woodburn, including the new crosswalk on State Highway 214 at Woodbum High
School.
ODOT has advised that The Woodburn Police Department's grant application has been
approved. The Woodbum Police Department is requesting City Council to approve the
acceptance of these grant monies.
10 4
PEDESTRIAN SAFETY PROGRAM
Conducted by Pac/West Communications on behalf of the
Oregon Department of Transportation- Transr~ortation Safety Division
c/o: Pac/West Communications - 5285 SW Meadows Road - Suite 340
Lake Oswego, OR 97035 - 503/598-8806 - Fax 503/598-7343
May 2, 2001
Deputy Chief Scott Russell
Woodburn Police Department
270 Montgomery Street
Woodbum, OR 97071
Dear Deputy Chief Russell:
I am pleased to inform you that your agency has been chosen to receive a mini-grant for $1,800
to conduct four Pedestrian Safety Enforcement (PSE) operations. We are asking that you
conduct your first operation on May 17th, statewide Pedestrian Safety Day. (Please note that the
date has changed from May 16th to May 17th.) We understand that due to scheduling and
resources you may be unable to start them on the 17th but you should start them as close to this
date as possible. Mini-grant funds must be expended by July 6, 2001. A final project report
including evaluation of the PSE operations will be due July 27, 2001.
Attached you will fred two copies of the grant agreement for you to sign and mail back to Rick
Waring at ODOT's Transportation Safety Division at this address:
Rick Waring
Bicyclist and Pedestrian Safety Program Manager
ODOT Transportation Safety Division
235 Union Street NE
Salem, OR 97301
When Mr. Waring receives the documents, Troy Costales, division manager, will sign them and
Mr. Waring will mail you a final copy. You will then be able to proceed with your PSE
operations, i.e. you cannot begin until the documents are signed.
You should have received a PSE Guidebook last week. I hope you find it useful. Thank you for
taking part in this program and for working to improve pedestrian safety in Oregon.
Sincerely,
Jennifer Shiprack
Account Manager
IOM
TSD 01-QN-2412-011-C
PEDESTRIAN SAFETY MINI-GRANT
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, by and through the Department of Transportation, Transportation Safety
Division, hereafter referred to as Department, and City of Woodburn Police Department,
hereafter called Agency.
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter
into agreements with units of local government or other state agencies for the
performance of any or all functions and activities that a party to the agreement, its
officers, or agents have the authority to perform.
2. By the authority granted in ORS 802.300 through ORS 802.340, the Department
may enter into contracts and agreements for the performance of functions and activities
to promote highway safety.
3. Department and agency agree that the principal purpose of this agreement is to
conduct pedestrian safety enforcement operations.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, Department wishes to retain the services of Agency to
perform the work as outlined on Exhibit A, attached hereto and by this reference made
a part hereof. Payment for said services shall not exceed a maximum amount of
$1,800 in federal funds.
2. The work is to begin upon execution of the agreement by all parties and be
completed no later than July 6, 2001.
AGENCY OBLIGATIONS
1. Agency shall perform the work described on Exhibit A.
2. Agency shall submit reports and billings to the Department not later than the
10th of each month for the previous month during FY 2000-2001. These bills must
reflect 100% of the actual costs and work accomplished during the billing period.
3. The only allowable charges under this agreement shall be for overtime salary
compensation to conduct pedestrian safety enforcement operations.
1
4. Agency shall nbt enter into any subcontracts for any of the work scheduled under
this agreement without obtaining prior written approval from Department.
5. Agency agrees to comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this agreement,
including, without limitation, the provisions of ORS 279.312,279.314, 279.316, 279.320
and 279.555, WHICH HEREBY ARE INCORPORATED BY REFERENCE. Without
limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title
VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
American with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations.
6. Agency shall perform the service under this agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this agreement, including but not
limited to PERS contributions, workers compensation, unemployment taxes and state
and federal income tax withholdings.
DEPARTMENT OBLIGATIONS
1. In consideration for the services performed, Department agrees to pay Agency a
maximum amount of $1,800. Department shall pay monthly billings received by Agency
within 45 days if received by Department on or before the 10th of the month following
the billing period.
2. Department certifies, at the time this agreement is executed, that sufficient funds
are available and authorized for expenditure to finance costs of this agreement within
Department's current appropriation or limitation of current biennial budget.
3. Project managers:
Agency/City of Woodburn Police Department
Deputy Chief Scoff Russell
Woodburn Police Department
270 Montgomery St.
Woodburn, OR 97071
phone: 503-982-2345
fax:503-982-2370
2
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Department/Transport. ation Safety Division:
Rick A. Waring, RN
Bicyclist and Pedestrian Safety Program Manager
Transportation Safety Division, ODOT
235 Union St. NE
Salem, OR 97301
Phone: 503-986-4196
Fax: 503-986-4341
GENERAL PROVISIONS
1. Agency, its subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers Compensation Law and
shall comply with ORS 656.017, which requires them to provide workers' compensation
coverage for all their subject workers.
2. This agreement may be terminated by mutual written consent of both parties
upon 30 days notice.
Department may terminate this agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by Department, under any of the
following conditions, but not limited to these conditionS.
If Agency fails to provide services called for by this agreement within the
time specified herein or any extension thereof.
If Agency fails to perform any of the other provisions of this agreement, or
so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from
Department fails to correct such failures within 10 days or such longer
period as Department may authorize. Any termination of this agreement
shall not prejudice any rights or obligations accrued to the parties pdor to
termination.
Co
If Department fails to receive funding, or appropriations, limitations or
other expenditure authority at levels sufficient to pay for the work provided
in the agreement.
3. Agency acknowledges and agrees that Department, the Secretary of State's
Office of the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers, and records of
Agency which are directly pertinent to the specific agreement for the purpose of making
audit, examination, excerpts, and transcripts for a period of three years after final
3
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payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by Department.
4. It is understood and agreed that the activity covered in this agreement is
undertaken under the authority of Section 402, Title 23, United States Code, and is
subject to the administrative regulations established by Federal guidelines including
Circulars A-87 and A-102 and are hereby attached as Exhibit D and incorporated by
reference with the same force and effect as if they were given in full text.
5. This agreement and attached exhibits constitute the entire agreement between
the parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
Department to enforce any provision of this agreement shall not constitute a waiver by
Department of that or any other provision.
The Oregon Transportation Commission on August 13, 1999 approved the 1999
Oregon Traffic Safety Plan and Exhibit A.; and delegated authority to the Division
Manager to approve and execute agreements for work in the plan.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
AGENCY
City of Woodburn Police Department
STATE OF OREGON, by and through
Department of Transportation
By By.
Deputy Chief
Bicyclist and Pedestrian Safety Program
Manager, Transportation Safety Division
Date Date
AGENCY ADDRESS:
270 Montgomery St.
Woodburn, OR 97071
IOM
Exhibit A
Statement of Work
Agency Obligations:
The following assignments will be performed during effective agreement dates.
1. Conduct pedestrian safety enforcement operations.
2. Submit quarterly reports using Exhibit B, Oregon Transportation Safety Division
Billing and Report Form. These reports provide summary information and data on
project activities and accomplishments and on expenses and local support.
3. Complete a final project report including evaluation by July 27, 2001.
Exhibit B
Billing and Report Form
See AttaChed
5
0
0
0
E >
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,Exhibit D:
VIII. AGREEMENTS AND ASSURANCES
The following Agreements and Assurances apply to all
grants funded by the Transportation Safety Division (TSD),
Oregon Department of Transportation:
A. General
The activity described in this grant is undertaken
under the authority of Title 23, United States Code,
Sections 154-164 and 402-411, and is subject to the
administrative regulations established by OMB
Cimulars A-21, A-87, A-122, A-128, A-133, 23 CFR
Chapter I1, 45 CFR Part 74, 48 CFR Part 31,49 CFR
Part 18, Part 19, and the Highway Safety Grant
Funding Policy for NHTSA/FHWA Field-Administered
Grants.
Any federal funds committed shall be subject to the
continuation of funds made available to TSD by the
National Highway Traffic Safety Administration
(NHTSA) and the Federal Highway Administration
(FHWA) by statute or administrative action. Projects
are funded for the federal fiscal year, which is October
1 through September 30. Typical grants are for one
year but may be continued for up to two additional
years. Public information and educa-tion projects are
continued indefinitely.
The grantee shall ensure compliance with 49 CFR
Part 18.42 which addresses retention and access re-
quirements for grant-related records. The State, the
federal grantor agency and the Comptroller General of
the United States, or any of their authorized represen-
tatives, shall have the right of access to any books,
documents, papers or other records of the grantee
which are pertinent to the grant. These records must
be retained for a period of five years starting on the
date the grantee submits its final request for reim-
bursement for this grant.
Any obligation of grant funds extends only to those
costs incurred by the grantee after 'Authorization to
Proceed" for the particular part of the program
involving costs.
Grant funds shall not be used for activities previously
carried out with the grantee's own resources
(supplanting).
Income earned through services conducted through
the project should be used to offset the cost of the
project and be included in the Budget and Cost
Summary.
7. The grantee shall ensure that all grant-related ex-
penditures are included as a part of entity-wide audits
conducted in accordance with the Single Audit Act of
1984 (31 USC 7561-7). The grantee shall provide
TSD a copy of all Single Audit Reports covering the
time period of the grant award as soon as they
become available. Federal funds received have the
following Catalog of Federal Domestic Assistance
(CFDA) numbers: 20.600, State and community
Highway Safety; 20.601, Alcohol Traffic Safety and
Drunk Driving Prevention Incentive Grants; 20.602,
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Occupant Protection Incentive Grants; 20.603,
Highway Safety Data Improvments Incentive Grants;
20.604, Safety Incentive Grants for Use of Seat Belts;
and, 20.605, Safety Incentive Grants to Prevent
Operation of Motor Vehicles by Intoxicated Persons.
The grantee shall reimburse TSD within 30 days for
any ineligible or unauthorized expenditures as
determined by a state or federal review for which grant
funds have been claimed and payment received.
The grantee and its contractors cannot use federal
funds to influence federal employees, members of
Congress, and Congressional staff regarding specific
grants. The grantee and its contractors must submit
disclosure documentation when non-federal funds are
used to influence the decisions of federal officials on
behaff of specific projects. Signing this Agreement
constitutes a certification of compliance with these
lobbying restrictions.
10.
The grantee, its subcontractors, if any, and all
employers working under this agreement are subject
employers under the Oregon Workers' compensation
Law and shall comply with ORS 656-017, which
requires them to provide workers' compensation
coverage for all their subject workers.
11.
The grantee shall make purchases of any equipment,
materials, or services pursuant to this Agreement
under procedures consistent with those outlined in the
Oregon Department of Administrative Services
Administrative Rules (Oregon Administrative Rules,
Chapter 125: and Oregon State Law, ORS Chapter
279).
12.
The grantee shall defend, save and hold harmless the
State of Oregon, including the Oregon Transportation
Commission, the Oregon Transportation Safety
committee, the Department of Transportation, the
Transportation Safety Division, and their members,
officers, agents, and employees from all claims, suits,
or actions of whatever nature arising out of the
performance of this Agreement, except for claims
arising out of the negligent acts or omissions of the
State of Oregon, its employees, or representatives.
This provision is subject to the limitations, if
applicable, set forth in Article XI, Section 10 of the
Oregon Constitution and in the Oregon Tort Claims
Act, ORS 30.260 to 30.300.
B. Project Director's Responsibilities
The Project Director is responsible for fulfilling this
Agreement and establishing and maintaining procedures
that will ensure the effective administration of the project
objectives. The Project Director shall:
Establish or use an accounting system that conforms
to generally accepted accounting principles, and
ensure that source documents are developed which
will reliably account for the funds expended.
Maintain copies of job descriptions and resumes of
persons hired for all project-related positions which
are funded at 0.25 FTE or more.
3o
Maintain records showing actual hours utilized in
project-related activity by all grant-funded personnel
and by all other staff personnel or volunteers whose
time is used as in-kind match.
Complete a Quarterly Highway Safety Project Report,
including a Data Table as provided in the Traffic
Safety Grant Application Packet. Each report must be
signed by the Project Director or the Designated
Alternate, and submitted to TSD by the tenth of the
month following the close of each calendar quarter for
the duration of the grant period. The Designated
Alternate is an individual who is given the authority to
sign Quarterly Highway Safety Project Reports for the
Project Director, in the event he/she is unable to sign
due to circumstances beyond his/her control.
Submit a Claim for Reimbursement within 35 days of
the end of the calendar quarter in which expenses
were incurred, using the form provided by TSD as
follows:
a. Copies of invoices and/or receipts for all specified
items must be submitted to TSD upon request
with the Claim for Reimbursement;
b. claims may be submitted monthly, and must be
submitted at least quarterly; and,
c. claims must be signed by the Project Director or
the Designated Alternate (duplicated signatures
will not be accepted).
Prepare a Project Directors Final Evaluation Report in
accordance with the Evaluation Plan described in the
grant document. The report will be no more than ten
pages and will include the following elements:
a. A summary of the project including problems ad-
dressed, objectives, major activities, and accom-
plishments as they relate to the objectives;
b. a summary of the costs of the project including
amount paid by TSD, funded agency, other
agencies, and private sources. The amount of
volunteer time should be identified;
c. discussion of implementation process so that
other agencies implementing similar projects can
leam from your experiences; What went as
planned? What didn't work as expected? What
important elements made the project successful
or not as successful as expected?
d. responses to Evaluation Questions. List each
question and answer(refer to Data Table); and,
e. completed Data Table.
The Project Director's Final Evaluation Report must be
submitted within 35 days following the last day of the
grant pedod.
C. Project Revision
Any proposed changes in the project objectives, key
project personnel, time period, budget, or mailing
address must be requested in wdting, and receive
approval by TSD. A Grant Adjustment Form will be
signed by both TSD and the grantee.
Any time extension in the project pedod must be
requested at least six weeks pdor to the end of the
project pedod and approved by the federal grantor
agency if the end of federal fiscal year is involved.
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D. Non-Discrimination Assurance
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The grantee and its contractors will comply with Title
VI of the Civil Rights Act of 1964 and Section 504 of
the Rehabilitation Act of 1973, as amended, and as
implemented by 49 CFR parts 21 and 27, and with the
Executive Order 11246, entitled "Equal Employment
Opportunity" as amended by Executive Order 11375
and supplemented by Department of Labor regulations
41 CFR Part 60, and shall ensure that no person shall
on the grounds of race, color, creed, sex or national
odgin be excluded from participation, be denied the
benefits of, or be otherwise subjected to discrimination
under any program or activity under this project.
The grantee and its contractors shall ensure that em-
ployment and procurement of goods and services
made in connection with the project will be provided
without regard to race, color, national origin or
handicap.
The grantee and its contractors shall take all
necessary affirmative steps in accordance with 49
CFR Part 23 to ensure that minority business
enterprises and/or business enterprises owned and
controlled by women have the maximum opportunity
to compete for and to perform contracts.
The grantee and its contractors shall ensure that no
otherwise qualified handicapped person shall, solely
by reason of his/her handicap, be excluded from
participation in, be denied the benefits of, or otherwise
be subjected to discrimination under any program or
activity related to this grant. '
The grantee shall ensure that any contracts and
subcontracts awarded in excess of $10,000 shall
contain a provision requiring compliance with the
standards set forth in paragraphs 1 through 4 of this
section.
E. Contracts and Other Service Agreements
Any contracts or other service agreements that are
entered into by the grantee as part of this project shall
be reviewed and approved by TSD to determine
whether the work to be accomplished is consistent
with the objectives of the project, and whether the
provisions of paragraphs 2 through 4 of this section
are considered.
All contracts awarded by the grantee shall include the
provision that any subcontracts include all provisions
stated in this section or the provision that no subcon-
tracts shall be awarded.
The grantee shall ensure that each contractor adhere
to applicable requirements established for the grant
and that each contract include provisions for the
following:
a. Administrative, contractual, or legal remedies in
instances where contractors violate or breach
contract terms, and provide for such sanctions
and penalties as may be appropriate;
b. mandatory standards and policies relating to
energy efficiency which are contained in the state
energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (PL
94-163);
c. access by the grantee, the state, the federal
grantor agency, the Comptroller General of the
United States, or any of their duly authorized
representatives, to any books, documents,
papers, and records of the contractor which are
directly pertinent to that specific contract, for the
purpose of making audit, examination, excerpts,
and transcriptions. Grantees shall require
contractors to maintain all required records for
three years after grantees make final payments
and all other pending matters are closed;
d. notice of grantor agency requirements and regu-
lations pertaining to reporting, requirements and
regulations pertaining to patent rights with respect
to any discovery or invention which arises or is
developed in the course of or under such
contract, and requirements and regulations
pertaining to copyrights and rights in data; and,
e. requirements given in Section A. 9-12.
Where applicable, contracts shall include the
following provisions:
a. Termination for cause and for convenience by the
grantee including the manner by which it will be
effected and the basis for the settlement
(contracts in excess of $10,000);
b. Compliance with Executive Order 11246 of
September 24, 1965 entitled "Equal Employment
Opportunity," as amended by Executive Order
11375 of October 13, 1967 and supplemented in
Dept. of Labor regulations (41 CFR Part 60)
(Contracts in excess of $10,000);
c. Compliance with sections 103 and 107 of the
Contract Work Hours and Safety Standards Act
(40 USC 327-330) as supplemented by Dept. of
Labor regulations (29 CFR Part 5) (Contracts in
excess of $2,500);
d. Bidders, proposers, and applicants must certify
that neither they nor their principals is presently
debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from
participating in this transaction by any federal
agency or department (contracts in excess of
$25,000).
Travel
The grantee shall keep a record of all significant
travel. In-state trips outside the grantee's jurisdiction
should be summarized on Quarterly Highway Safety
Project Reports.
All out-of-state travel must be pre-approved by TSD.
To receive authorization, the trip must be detailed on
the project budget or requested in a grant adjustment.
Reports on out-of-state trips shall be summarized on
Quarterly Highway Safety Program Report.
Reimbursement will only be authorized for travel of
persons employed by the grantee in project-related
activities unless prior written approval is granted by
TSD.
G. Development of Printed or Production Materials
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The grantee shall provide TSD with draft copies of all
materials developed using grant funds. TSD may
suggest revisions and must approve production.
All brochures; course, workshop and conference an-
nouncements; and other materials that are developed
and/or printed using grant funds shall include a state-
ment crediting TSD and federal participation.
Materials produced through this project shall be
provided to TSD for its use and distribution and may
not be sold for profit by either the grantee or any other
party.
Equipment Purchased with Grant Funds
1. A Residual Value Agreement shall be completed and
submitted to TSD if grant funds are used in whole or in
part to acquire any single item equipment costing
$5,000 or more or at TSD discretion. A copy of the
original vendor's invoice indicating quantity,
description, manufacturer's identification number and
cost of each item will be attached to the signed
agreement. All equipment should be identified with a
property identification number.
2. All material and equipment purchased shall be
produced in the United States in accordance with
Section 165 of the Surface Transportation Assistance
Act of 1982 (Pub. L. 97-424; 96 Stat. 2097) unless the
Secretary of Transportation has determined under
Section 165 that it is appropriate to waive this
agreement.
3. Material and equipment shall be used in the program
or activity for which it was acquired as long as
needed, whether or not the project continues to be
supported by grant funds. Ownership of equipment
acquired with grant funds shall be vested with the
grantee. Costs incurred for maintenance, repairs,
updating, or support of such equipment shall be borne
by the grantee.
4. If any material or equipment ceases to be used in
project activities, the grantee agrees to promptly notify
TSD. In such event, TSD may direct the grantee to
transfer, return, keep, or otherwise dispose of the
equipment.
Debarment
The grantee, in accepting this Agreement, certifies that the
agency or its officials are not presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this transaction
by any state or federal agency or department.
Termination
TSD may terminate this Agreement for convenience in
whole or in part whenever:.
a. The requisite state and/or federal funding
becomes unavailable through failure of
appropriation or otherwise; or,
b. The requisite local funding to continue this project
becomes unavailable to grantee; or,
c. Both parties agree that continuation of the project
would not produce results commensurate with the
further expenditure of funds.
TSD may, by written notice to grantee, terminate this
Agreement for any of the following reasons:
a. The grantee takes any action pertaining to this
Agreement without the approval of TSD and
which under the provisions of this agreement
would have required the approval of TSD; or,
b. The commencement, prosecution, or timely
completion of the project by grantee is, for any
reason, rendered improbable, impossible, or
illegal; or,
c. The grantee is in default under any provision of
this Agreement.
K. Conditions of Project Approval
Actions taken by the Oregon Transportation Safety
Committee, if any, regarding conditions under which this
project is approved are given in the Conditions of
Approval. The grantee agrees to follow these conditions in
implementing the project.
L. Contract Provisions and Signatures
It is understood and agreed that the grantee shall comply
with all federal, state, and local laws, regulations, or
ordinances applicable to this agreement and that this
Agreement is contingent upon grantee complying with
such requirements.
This Agreement shall be executed by those officials
authorized to execute this Agreement on the grantee's
behalf. In the event grantee's governing body delegates
signature of the Agreement, grantee shall attach to this
Agreement a copy of the motion or resolution which
authorizes said officials to execute this Agreement, and
shall also certify its authenticity.
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ION
May l4,2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council~~
John C. Brown, City Administrator" ~-r
Transient Occupancy Tax Increase Proposal
Recommendation:
It is recommended the City Council direct staff to prepare an ordinance which:
1. Increases the City's transient occupancy tax from six (6) to nine (9) percent; and
2. Dedicates resulting revenues to activities that support tourism and economic
development.
Background:
Ordinance No. 2057 imposes a transient occupancy tax (TOT) for lodging in Woodburn.
Visitors to hotels, motels, and R.V parks who stay 30 days or less are taxed six (6) percent
of the rent charged by the operator, for the privilege of occupancy. Woodburn's TOT has
been 6 percent since 1991. Statewide, TOT's average approximately 8 percent. Larger
cities like Portland and Eugene are at, or exceed, 9 percent.
Lodging operators collect the tax. Pursuant to Woodburn's ordinance, operators may
retain 10 percent of what they collect to offset associated costs. Between 1991 and 1998 a
small portion of the tax was dedicated to the Chamber of Commerce. The lion's share was
retained by the City for General fund uses. Since 1998, all TOT proceeds have been treated
as discretionary revenue. Collections since 1998 average approximately $21,000 per year,
and are summarized below.
Fiscal Amount Collections,
Year Collected Per Percent
1997-1998 $108,292 $18,049
1998-1999 $140,865 $ 23,478
1999-2000 $126,992 $ 21,165
2000-2001 $ 9%376 * $ 22,083**
* Collections through 3/31/01. Revenue budgeted for 2000-01 is $135,000
** Based on estimated year-end collections of $132,500
10N
Honorable Mayor and City Council
May 14, 2001
Page 2.
In July 1998 the City amended the TOT ordinance and eliminated revenue sharing with
the Chamber. The Chamber's pre-1998 share of the TOT was replaced with an $8,000
payment, conveyed pursuant to a contract for services. Payment was provided to the
Chamber in each of the past three years, to assist them in marketing Woodburn.
Discussion:
The City Council approved a Management Analyst II position in 1999-2000, to manage the
museum, write grants, and produce and promote special events. Events include the Tulip
Festival, 4th of July and Christmas celebrations, a sports festival conducted in conjunction
with the Fiesta Mexicana, a "signature" event such as a berry or harvest festival, and other
celebrations, ceremonies, and activities. Prior to hiring the Analyst, no one agency or
individual was responsible for coordinating citywide events. The Council's decision was
intended to fill that void, and reflects their desire to increase the livability of the
community by providing a wider variety of recreational and cultural activities for
residents, to foster a stronger and common sense of community among residents, and to
strengthen the local economy by creating opportunities for tourism. These Chamber of
Commerce and other organizations share these desires.
The General Fund supports the Analyst's salary and benefits costs for museum and events
functions, as well as services and supplies costs for the museum. No funds are available
for services and supplies costs for events, however, which severely limits the effectiveness
of the program. To be effective, events budgeting should provide: for supplies; materials;
office-related costs; copy design and layout; printing and duplication; advertising in
various mediums; space and equipment rental; insurance; contract services related to food,
entertainment, site preparation and clean-up; security; and merchandising. The Analyst is
charged with seeking grants to support museum and event activities and the funding
needs of other departments. Although it may be possible to fund a portion of the cogt of
event production and promotion with grants, those sources are not abundant or readily
available, are usually restricted to specific uses, and can rarely be relied upon as an
ongoing funding source.
With respect to promoting tourism, the Chamber of Commerce recently re-organized, and
is placing a greater emphasis in its mission on tourism and economic development. The
Chamber is specifically interested in broadening its scope to provide a visitor's bureau,
and to more aggressively marketing the Woodburn area as a tourist destination, and for
business attraction. They would accomplish this by providing and staffing a visitor's
bureau location; developing and distributing promotional literature; creating partnership
ION
Honorable Mayor and City Council
May 14, 2001
Page 3.
linkages with local and state agencies, area businesses and neighboring communities; and
marketing visitors services in the Woodburn area. The Chamber recently revised its
membership fee structure to help support the broader range of activities required of it by
the business community. Despite fee increases, the Chamber lacks adequate funds to
provide marketing and visitors bureau services without outside support. Other local
agencies, which are also interested in promoting tourism in Woodburn, and a stronger
economy are also beset by this lack of funding.
Many Oregon cities and counties use the TOT, in varying combinations, as a both a
discretionary and dedicated funding source. As discretionary revenue, TOTs support the
cost of services used by visitors to a community that are otherwise supported by residents
through their property taxes. Where TOT funds are earmarked for specific uses, they are
dedicated to activities to support tourism and/or economic development. Chambers of
commerce or convention and visitors bureaus are typically the recipients of dedicated TOT
funding. Dedicated funds are intended to generate additional tourism, create additional
job opportunities, and strengthen local and regional economies. Tourism has become a
more vital part of the State's economy in the last decade. That trend is reflected in
statewide TOT collections, which have increased by approximately 8.5 percent during that
period. This trend is expected to continue, and TOT revenues will become a stronger
source of local funding to promote tourism and economic development.
Proposal:
It is proposed that the City Council increase the TOT from 6 to 9 percent, effective July 1,
2001, and restrict the use of the resultant revenues to activities that promote tourism and
economic development. It is proposed that one third (one percentage) of the increase be
designated for the City's events budget, and two thirds (two percentages) be designated to
fund tourism and economic development activities of public and/or non-profit agencies in
Woodburn. This will provide the revenue needed to fund the City's Events program, and
to support the activities of organizations that provide visitor services or promote tourism
or economic development. Based on the analysis summarized in the Background section
of this report, the City would receive approximately $20-22,000 annually for its Events
program, and $40-44,000 would be available for distribution to local agencies. In the latter
regard, it is recommended that funds be allocated to local agencies using a competitive
process, and distributed via fee-for-service agreements for services desired by the city but
which the city is either unable or not interested in providing itself. For example, if the
Council believes a visitor's bureau is necessary, but cannot, or does not want to deliver
iON
Honorable Mayor and City Council
May 14, 2001
Page 4.
that service itself, it could contract with the Chamber of Commerce to provide the service
using all, or a portion of the two percent set-aside for tourism and economic development.
This proposed distribution of the two percent set aside is similar to the Economic and
Cultural grant program conducted by the City of Ashland which is funding with a portion
of that City's TOT. If your Council approves this proposal, a grant program will be
developed, which will define the application process, funding parameters, and eligible
activities, and establish applicant qualifications and grant award criteria.
The Chamber's support for this proposal has been sought. As it wants to promote tourism
and economic development in the Woodburn area, and obtain a portion of the revenues
generated by the increase, the Chamber supports the proposal. The Chamber tourism
committee, which includes representatives of the lodging industry has also considered,
and supports, the proposal. Further, this matter was discussed with the Budget
Committee, who endorsed the TOT increase required to fund the Events budget, and who
conceptually approved some further level of increase required to support distribution of
earmarked funds to local agencies.
As a point of information, TOT increases are not met with resistance by local residents,
because it is the visitors to the community rather than residents who pay the tax.
Opposition to TOT increases may be raised by the lodging industry, which is concerned
about the cost of administering the tax, and with how a higher rate may affect it's
competitiveness with lodging in a nearby community with lower TOT rates. With respect
to administrative costs, Woodburn's TOT ordinance reimburses operators for their
collection efforts. It is unclear whether a significant segment of the traveling public bases
the decision to lodge in a particular town on the TOT rate. It is likely that a significant
portion does not, and that factors such as conveniences and proximity to activities and
attractions play a more critical role in consumer choice.
Conclusion:
The proposed increase will allow the City to expand its events activities, and enhance the
livability and economy of the community. As well it will provide funding for other
agencies, whose tourism and economic development goals are in concert with the City
Council's. For these reasons, your approval of the proposed increase is recommended.
JCB
11A
May 14, 2001
TO:
FROM:
SUBJECT:
Mayor and City Council~
Honorable
John C. Brown, City AdministratorCY''
Island Annexations
Recommendation:
It is recommended the City Council:
1) Complete and close the public hearing continued from April 24, 2001; and
2) Direct Staff to prepare an ordinance reflecting the Council's decision.
Background:
At your goal setting retreat in January, you identified annexing the "islands" of
unincorporated territory surrounded by property in the City of Woodburn as a priority.
Staff initiated the process to. legislatively annex those islands. At your April 23, 2001
meeting, you opened a public hearing to take testimony regarding the legislative
annexations. A copy of the staff report presented to Council on April 23, 2001 is
included as an attachment to this report.
As a necessary response was not obtained from the State Department of Revenue prior
to April 23rd, the hearing was continued until May 14, 2001. The continuance allowed
staff opportunity to research and respond to questions at the hearing regarding the
property tax implications of annexation, connection to water and wastewater systems,
fees and charges, line extensions, and questions of property bounds.
Discussion:
Since April 23rd, staff received comments from the State Department of Revenue on
property descriptions for the properties to be annexed. In addition, Public Works and
Finance staff researched and responded to questions raised at the hearing. Public
Works prepared items for consideration by your Council under the General Business
agenda. Those items provide policy accommodations regarding water and wastewater
connections and charges. Attached to this report are information reports provided by
Public Works and Finance responding to the various issues raised at the hearing. Also
attached are supplemental findings prepared by the Community Development
Department and City Attorney's Office, which should be included in the hearing
record.
IlA
Honorable Mayor and City Council
Hay 14, 2.001
Page 2.
It is anticipated that with the presentation and consideration of these various materials,
the affected property owners' questions in this matter will be answered, and that the
City Council and will have the necessary information to render a decision.
City staff will be available at the continued hearing of May 14, 2001 to discuss their
various reports and to answer any additional questions you may have.
JCB
CITY OF WOODBURN
Community Development
1lA
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-5246
Date: May 14, 2001
To:
Honorable Mayor and City Council thru City Administrator
From:
Jim Mulder, Director of Community Development
Subject: Findings and Conclusions for the City Initiated Annexations
RECOMMENDATION:
It is recommended that the City Council review the findings listed in this memo and
enter this document into the record.
BACKGROUND:
The City Council continued the annexation island public hearing to the May 14, 2001
City Council Meeting. Staff have prepared findings to support the city initiated
annexations.
DISCUSSION:
Findings to support the city initiated annexations are listed as follows:
WOODBURN COMPREHENSIVE PLAN
D. Annexation Goals and Policies
Goals
D-1
The goal is to guide the shape and geographic area of the City within
the urban growth boundary so the City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the City;
and
C. Provide the opportunity for growth in keeping with the City's goals
and capacity to serve urban development.
FINDING:
The annexation of the islands of unincorporated land within the city
limits will create a more cohesive land area that will all be contained
within the city. The islands are surrounded on all sides by the city
limits and are located within the Urban Growth Boundary. A
majority of the islands are already developed with residences and
commercial uses. In addition, with the exception of the properties
adjacent to Laurel Avenue (a private street), the islands have direct
access to city streets. The Laurel Avenue properties have access
to City streets through the connection of Laurel Avenue with Pacific
Highway 99W. All of the islands have access to city parks.
9-2.
The goal is to dearly establish the intent of each proposed expansion of
the City; to assess the proposal's conformance with the City's plans and
facility capacity and to assess its impact on the community prior to
deeming an annexation application complete.
FINDING:
Annexation of the is/ands will bring lands into the City that are
receiving "spillover" services from the City. These properties use
city streets; some of the properties on Laurel Ave. receive City
water services. The City generally provides emergency police
responses to these areas. The City parks and library are available
to these is/and areas. The annexation of the is/ands will generate
city tax revenues to support funding for city streets, police
protection, library services, and park maintenance. The City's
sewer, water and street infrastructure has capacity to service the
islanded properties. Annexation of the islands will not increase any
service responsibilities that the City does not already provide, but
will increase the city's revenues to provide those services.
D-3. The goal is achieve greater utilization of land within the City by:
a. Incorporating all of the territory within the City limits that will be of
benefit to the City into the City.
Providing the opportunity for the urban in-fill of vacant and under
utilized property that is currently unincorporated and surrounded by
the City.
Fostering an efficient pattern of urban development in the City,
maximizing the use of existing City facilities and services, and
balancing the costs of City services among all benefited residents
and development by incorporating all territory into the City limits
that will be of benefit.
FINDING:
The residents on the is/ands are currently able to utilize city streets,
except the properties adjacent to Laurel Avenue, and city parks
without paying taxes to the city to support these services.
Annexation will enable infill development of those properties that
are not fully developed by making City services available.
Annexation of the is/ands will maximize the use of existing City
,1lA
facilities and services and balance the costs of services among the
benefited residents. As stated in the previous finding, the
annexation of the islands will generate city tax revenues so that the
island properties are participating in the sharing the funding for city
streets, police protection, library services, and park maintenance.
The costs of the city services will be balanced better among all of
the benefited residents by the annexation of the islands. The
annexation of the islands will eliminate the pockets of currently
unincorporated land that is surrounded by the city.
D-4. The goal is to use annexation as a tool to guide:
a. The direction, shape and pattern of urban development;
b. Smooth transitions in the physical identity and the development
pattern of the community; and
c. The efficient use and extension of City facilities and services.
FINDING:
The annexation of the islands will create a more cohesive area
within the city limits. The islands currently stand out as pockets of
land under county jurisdiction that are completely surrounded by
the city limits. Annexation of the islanded properties makes all city
facilities and services available to them and facilitates the efficient
use of the facilities and services.
O-5.
The goal is to balance residential development with public facilities and
services and with other types of land use in order to allow the
community to maintain its equilibrium as it assimilates growth.
FINDING:
A majority of the is/ands are currently developed with residential
and commercial uses. The is/ands, excluding the pocket of
unincorporated land adjacent to Laurel Avenue, have public
facilities and services available to them.
Policies
D-1-1
Annexation policies are extremely important for the City. VVhile it is
important that enough land is available to allow for choice in the market
place it is also essential to prevent too much land being included in the
city limits as this leads to inefficient, sprawling development.
FINDING:
A majority of the islands are already developed with residential and
commercial uses. The annexation of the pockets of unincorporated
land surrounded by the city limits on all sides will not lead to
'llA~
sprawling development. The annexation of the islands will lead to a
more cohesive city.
D-2-2
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 Oregon Department of
Transportation involvement will be required.
A notification period of 45 days will be provided the Department of
Transportation to respond to the before mentioned proposal prior to
final City action.
The City shall insure that may necessary improvements to I-5 or State
Highway 214 required by the development of such lands are provided
for prior to the issuance of building permits. It is recognized that the
Department of Transportation and City will work with developers in
transportation issues. Further, the Department of Transportation may
not be able to fund such improvements.
It is also understood by the affected parties that the proposed 100 acre
Light Industrial site south of Highway 214 will be issued no more than
two access permits to Highway 214. One of these will be at M.P.
36.2396 (Woodland Avenue between M.P. 36.46689).
FINDING:
This Annexation goal does not apply because the properties to be
annexed are all located east of Interstate 5 and Site plan review,
subdivision, and planned unit development approvals are not being
requested as part of the annexation of the islands.
D -3 -3
The City of Woodburn shall actively manage the location, timing, type
and amount of land added to the City.
FINDING:
The purpose of this goal is to manage the growth of the City. Its
focus is on the exterior boundary of the City as a goal to protect
against "sprawl." The is/ands the City proposed to annex are
internal to the City, not on its outer edges. By adding these
islanded areas to the City, infi/I development may be facilitated.
The ten is/ands of unincorporated land are located throughout the
City of Woodburn. The is/ands total 47 acres.
D-4-4
Prior to deeming an annexation application complete, the applicant for
an annexation shall partidpate in a mandatory pre-application meeting
with city staff. The purpose of the meeting is to assess conformance
with the City's goals, policies, standards and criteria regarding
annexation.
1lA
FINDING:
This annexation goal is not applicable to city-initiated annexations
of the islands of unincorporated land because there is no applicant.
D-5-5 A complete annexation petition/application shall be required to include:
a. All the territory that will be enclaved by the petition, or
bo
Document the lack of consent by the enclaved property owners or
by the resident electors necessary to include the enclave(s) as part
of the consent annexation application.
FINDING:
This annexation goal is not applicable to the city-initiated
annexations of the is/ands of unincorporated land because the re is
no applicant. Oregon State Law allows a City to annex territory
completely surrounded by a city. Such territory may be annexed by
the passage of an ordinance without any vote in such territory or
consent by the owners of land therein and without an election within
the city pursuant to Oregon Revised Statute (ORS) 222. 750, the
"island" annexation statute. Although this goal is not directly
applicable to the annexation of the is/ands it does suggest that
islands should not be created and is indirectly supportive of
annexing the is/ands that exist.
D-6--6
Annexation applications that do not conform with the annexation criteria
and standards may be considered by the Planning Commission, after a
public hearing, for an exception. The Commission may grant an
exception based on findings of special circumstances and of substantial
conformance with the criteria and standards based on mitigating
measures. The City Council may review the Commission's action.
FINDING:
This policy is not applicable. First, an applicant does not propose
the annexation. Second, as demonstrated by these findings the
annexation conforms to the annexation criteria and standards.
Housing Goals And Policies
Goal
G-1.
The housing goal of the city is to insure that adequate housing for all
sectors of the community is provided.
FINDING: Not applicable to the annexation of the unincorporated islands.
I1A
Policies
G-1-1.
The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that sufficient land
for both high density and Iow density residential developments is
provided within the confines of the growth and development goals of the
city. It is the policy of the City to assist and encourage property owners,
whenever possible, to rehabilitate and renew the older housing in the
City.
FINDING:
This Comprehensive Plan po/icy is not directly applicable to the
annexation of the islands within the city because the City is
annexing the is/ands without changing the comprehensive plan and
zone map designations. However, in the future the City expects to
apply City plan and zoning designations that will enable urban
development. To the extent that the lands are developable or
redevelopable the annexation will add to the available lands to
accommodate growth of the City
G-1-2.
It is the policy of the City to encourage a variety of housing types to
accommodate the demands of the local housing market.
FINDING:
This Comprehensive Plan policy is not applicable to the annexation
of the islands within the city.
G-1-3.
To insure the new concepts in housing are not restricted unduly by
ordinances, the City shall periodically review its ordinances for
applicability to the current trends in the housing market.
FINDING:
This Comprehensive Plan policy is not applicable to the annexation
of the is/ands within the city.
G-1-4.
To provide for the persons living in the community of a lower income,
the City will accept its regional share of Iow income housing. This policy
is not intended to provide an overabundance of Iow income housing
which would encourage undue migration of Iow income persons.
FINDING:
This Comprehensive Plan policy is not applicable to the annexation
of the is/ands within the city.
llA
Hw
Public Services Goals and Policies
Goal
H-I.
Public facilities and services shall be provided at levels necessary and
suitable for existing uses. The provision for future public facilities and
services in these areas shall be based upon (1) the time required to
provide the service, (2) reliability of service, (3) financial cost, and (4)
levels of service needed and desired.
FINDING:
There are a series of detailed maps (Exhibit A) attached to these
findings and conclusions showing all of the islanded properties and
the locations of the sanitary sewer lines and water lines.
A 14-inch water line and a 15-inch sanitary sewer line located in
Boone's Ferry Road can serve all the islanded properties fronting
on Boones Ferry Road. These lines have adequate capacity to
serve the properties to be annexed.
There are two islanded properties fronting on Country Club Road.
One property is the site of a City well. The sewer extension for the
well site is planned, however it does not now need sewer service.
The other property contains a church, which is provided sanitary
sewer service by the 15-inch sanitary sewer line in Boones Ferry
Road via a 6-inch private service connection. The church has City
water service from an 8-inch water main in Country Club road.
The islanded parcel on the south edge of Parr Road can be served
by a lO-inch sanitary sewer line approximately 60 feet south of the
parcel. An easement will be needed to access that sewer line. The
parcel can be served by a 12-inch water line located in Parr Rd.
fronting the parcel to be annexed.
The parcel located at Front Street and Hwy 214 has a sanitary
sewer line crossing through the island. There is a 8-inch water line
near the southwest comer of the property in Front street and a 12-
inch water line in Hwy 214 fronting the north boundary of the island.
The parcels along Laurel Avenue can be provided sanitary sewer
and water services from lines in Pacific Hwy 99E. In the Hwy the
City has a lO-inch sanitary sewer line and a 12-inch water line.
These lines can be extended west in Laurel Avenue. Six of the
properties in this island are connected to the City's water line via a
~ inch service line. The Public Works Department estimates that
the cost to extend the sanitary sewer line from Hwy 99 to the west
I'IA
L=
edge of the islanded area would be approximately $240,000. The
cost of extending the sewer line would be the responsibility of the
benefited property owners. An LID could be formed to share the
costs of construction and Bancroft bonding could be used to
finance the costs.
According to the Public Works Department, the capacity of the
sanitary sewer lines and water lines is adequate to provide service
to the islanded properties at the planned for density and intensity
under the Comprehensive Plan. The City has a new sanitary
sewage treatment system and the water supply system is
adequate.
Policies
H-1.
Public Facilities and services shall be appropriate to support sufficient
amounts of land to maintain an adequate housing market in areas
undergoing development or redevelopment.
FINDING:
This Comprehensive P/an po/icy is not applicable to the annexation
of the is/ands within the city.
The level of key facilities that can be provided should be considered as
a principal factor in planning for various densities and types of urban
land uses.
FINDING:
This Comprehensive Plan policy is not applicable to the annexation
of the is/ands within the city.
Growth Goals
L-1.
The City's goal is to grow to a population of approximately 26,000 by
the year 2020. This growth shall be orderly and accompanied by the
necessary public services. The growth should be balanced in
residential, industrial, and retail sectors of the City. The growth shall
not add any additional burdens on the City's taxpayers.
FINDING:
As discussed under H-l, the City has necessary sanitary and water
services to serve the is/ands. City street services are already
available. Upon annexation of Laurel Avenue, jurisdiction of Laurel
Avenue will be transferred from the County to the City and the City
will maintain the street, including street sweeping.
The Finance Department analyzed the fiscal implications of the
proposed annexations. Finance staff commented that the value of
the property to be annexed is $3,186,371. Applying the City's
llA
FINDING:
L-3.
permanent tax rate of $6.0534 per thousand dollars of value,
indicates that the City's property taxes collections will increase
$20,819.
The annexations are estimated to add 100 people to the City.
Assuming 1.5 police personnel per thousand population, this
equates to a demand for 0.15 more police staff at a cost of
$13,013.
Reducing the population served by the Library that is outside the
City limits by 100 people will reduce the CCRLS subsidy to the
Library by about $500.
The annexations are not expected to make a difference in Parks
usage because residents currently have access to City parks.
Based on population, the demand for Planning services will
increase $2,663. The total marginal costs of the annexations will
be $16,176 ($13,013+$500+ $2,663). The net impact of the
annexation will be an increase in revenue of $4,643, assuming that
the benefited property owners on Laurel Ave. will be required to
finance the costs of extending sewer and water lines in Laurel Ave.
The goal is to assure that all expansion areas of the City are served by
public facilities and services with adequate capacity.
Woodburn is a City that strives to provide a consistent level of quality
public services and facilities to all parts of the City. As the City grows,
new development must support and maintain the services and facilities
that equal or exceed those in the remainder of the community.
Consideration of proposals that are in variance with City capacity
standards and facility master plans shall require findings of aPpropriate
mitigating measures by the Public Works Department. Other public
service providers such as the School District and Fire District also
address capacity considerations.
The findings under H-1 and L-1 demonstrate that this goal is
satisfied.
The goal is to achieve and maintain City boundaries that supports the
efficient delivery of public services.
The urban growth boundary of the City defines the limits of urban
development and urban services. In defining the urban service area,
the City limits shape the pattern of police patrols, park service areas
and the neighborhood residents identify with. The Urban Growth
llA
FINDING:
L-4
Boundary identifies the ultimate area and shape of the City in the
foreseeable future. In order to achieve the efficient delivery of facilities
and services, the City must not sprawl as it grows. Rather the City
wants to take a pro-active approach and manage growth so that the
benefits of a well designed community are achieved.
The proposed is/and annexations are within the Urban Growth
Boundary and surrounded on all sides by the city limits. The
annexation of the is/ands will not create urban sprawl. Rather, the
annexation of the is/ands will create a more compact area within
the city limits.
The goal is to limit the amount of vacant land within the City in order to
enjoy the benefits of an orderly development pattern, that reduces the
rate that farm land is converted to urban use and the optimum use of
public service and utility capacity.
There are multiple benefits to the community from managing the
amount and location of land available for residential use. Quantitative
advantages include more efficient utilization of existing facilities and
services that accrue because the amount of by-passed, undeveloped
land is reduced. The result includes a more orderly transition in the
conversion of farmland to urban uses, conserving agricultural resources
in the Urban Growth Boundary to the most practical extent.
Furthermore, not only is the investment in unused and underused
facilities avoided, but also the operation and maintenance costs are
reduced due to a more compact development pattern.
Based on principles of supply and demand, reducing the available
supply of residential land slows the rate of development which makes it
more manageable. With fewer properties available to develop, the value
of existing development and property available to development will
increase. With an estimated 16 year inventory of vacant single-family
residential land within the City the immediate prospect of increased land
costs does not materially detract from the potential benefits of the goal.
The land resources within the Urban Growth Boundary define the land
available for urbanization. It is prudent for the City to manage the
conversion of this area to urban use in a step wise fashion that
recognizes benefits of efficient service and facility delivery and a
cohesive pattern of community development and identity.
Equally important is the sense of identity and bonding that occurs as a
City grows that make a community. A City that is built up in a cohesive
pattern as it grows avoids the adverse affects of sprawl and leap from
development.
/IA
FINDING:
L-5
FINDING:
The islands of land proposed to be annexed are completely
surrounded by the city limits. A majority of the sites are already
developed with commercial and residential uses. The purpose of
the proposed annexations is to remove pockets of land completely
surrounded by properties that have a/ready been annexed into the
city limits.
The goal is to achieve the optimum use of the residential land inventory.
Managing the geographic expansion of the City provides an opportunity
to initiate the objective of encouraging the inclusion of residential
enclaves and the development of infill lots as a higher priority than land
on the fringes of the City limits. Annexation provides a point to
introduce this concept to the City by applying it to new territory added to
the City.
Another concept is to intensify development along transit corridors due
to enhanced accessibility. Increased density may be considered along
transit corridors through application of clustering density in PUD's and
from more intensive zoning classifications.
Annexation provides an opportunity to introduce these concepts into the
area by starting with consideration of the requirement in newly annexed
areas. The application of minimum densities will be based on target
densities that consider transit service, need and community scale.
Target density standards will be established based on specific
proposals. In so doing, the City will promote a wider range of living
environments and better serve the needs of a diverse population.
As stated in the previous finding, the islands of land proposed to be
annexed are completely surrounded by the city limits. A majority of
the sites are already developed with commercial and residential
uses. The purpose of the proposed annexations is to remove
pockets of land completely surrounded by properties that have
already been annexed into the city limits.
The goal is to further the incremental extension of an interconnected
street system.
An interconnected street system improves the efficiency of movement
by providing direct linkages between origins and destinations. It also
creates alternative routes. Such a system creates stronger ties among
activity centers and makes the development of passed over land more
attractive. It is common in most communities that streets in new
development are "stubbed." This means a dead end street until the
stub is potentially connected by a future phase of development.
Annexations provide opportunities to emphasize the ultimate extension
11A
and completion of streets. The potential benefit is improved
connectivity in the street pattern as the City develops.
FINDING:
The Public Works Department commented that where
improvements such as utility extensions and/or upgrading streets to
city standards benefit a specific area, construction of these faciltiies
can be a/lowed through a Local Improvement District (LID) process.
The LID process allows a property owner to share the cost of
improvement with all the benefiting property owners.
L-7
It is the goal to assure the provision of major streets as shown in the
Transportation Systems Plan.
The TSP lays out the arterial and collector street extensions and
improvements necessary to support approximately a doubling of the
population within the City. Due to limitations on the responsibility that
developers must exercise regarding offsite transportation impacts, the
City shall hold development accountable for major streets within and
abutting the development. In addition, the policy of the City is to
emphasize development outward in successive steps and phases that
avoid unnecessary gaps in the development and improvement of the
major streets.
FINDING: P/ease refer to the previous finding.
L-8
The goal is to provide opportunities to fulfill community needs identified
by the Council.
From time to time the site for a facility to service the community is
identified at the edge the City. The City Council shall hold a public
hearing on such proposals prior to accepting an annexation application
to determine that such facilities are of a community wide scope and that
a perimeter location is appropriate.
FINDING: Not applicable for the annexation of is/ands of unincorporated land.
L-9
The goal is to reflect the City's development objectives included in the
CIP.
The Capital Improvement Program (CIP) is the City's process of guiding
public investment. Such invest of public funds also serve to leverage
private investment that coincide with the City's priorities. In order to
leverage the greatest benefit from public projects, special consideration
will be considered for compatible and mutually supportive private
projects.
llA
FINDING:
L-10
FINDING:
L-11
FINDING:
L-12
FINDING:
This goal is not applicable because no capital improvements are
required to provide services to the islanded properties.
The goal is to encourage the high standards of design and flexibility that
are enabled by the PUD zone.
The Planned Unit Development (PUD) is a planning and design
technique that provides greater flexibility in design than is allowed in the
application of other techniques, such as the standard subdivision
process. The benefits of the PUD techniques include allowing
development with mixed uses, housing that is sited based on density
with compensating open space, and control of architectural review and
common land ownership and management. Consequently, it provides
greater opportunities for creative solutions and diversity than the
application of traditional ordinance requirements.
Not applicable for the annexation of islands of unincorporated land.
The goal is to accommodate industrial and commercial development
that provides local employment but does not require special community
financial incentives.
It is clear that local industrial and commercial development will provide
local employment. Such local jobs provide opportunities for local
residents and for employees attracted to the Woodburn area. To
benefit the community, not only must the development create jobs but is
must also operate within the capacity of the City's infrastructure. The
City is unwilling to absorb the costs of accommodating new
employment that require special financial involvement from the City.
Not applicable for the annexation of islands of unincorporated land.
The goal is to diversify the local economy.
Woodburn seeks to diversity the local economy so that the community
will prosper and can weather swings in the business cycle, seasonal
fluctuations, and other economic variables. The intent is to provide a
broad spectrum of commercial and industrial enterprises. The variety of
enterprises will not only provide insulation from negative business
factors but a choice in employment opportunities that in tum allows for
the diversification in income types.
Not applicable for the annexation of islands of unincorporated land.
M. Growth and Urbanization Policies
1,lA
a-l.
To insure the growth is ordedy and efficient, the City shall phase the
needed public services in accordance with the expected rate of growth.
The extensions of the existing public services should be in accordance
with the master plans in this Comprehensive Plan.
FINDING:
All needed services are already available. This criterion is
satisfied.
To insure that the City's growth does not exceed its ability to provide
public services, the City shall adopt a growth control ordinance, similar
to the Limited Growth Ordinance now in effect. VVhen and if the growth
control is used, the City shall reexamine the public facilities plan and
determine at that time if it is in the public interest to expand facilities to
accommodate the additional growth.
FINDING:
This policy is not applicable to an annexation decision. It directs
the City to adopt an ordinance.
M-3.
The City's public facilities now being built are to be paid for by the
system development charges from the anticipated growth. To insure
that the City's growth does not fall short of the expected growth rate,
the City would only take necessary measures to stimulate growth under
extreme circumstances.
FINDING: This policy is not applicable.
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.
FINDING:
The islands to be annexed are surrounded on all sides by the city
limits and located within the Urban Growth Boundary. The islands
of unannexed property
a-7.
All land use actions within the urban growth area and outside the city
limits shall be consistent with the City's Comprehensive Plan and the
County's land use regulations.
FINDING:
As demonstrated by these findings, addressing the applicable goals
and policies of the comprehensive plan, the annexation of the
islanded properties is consistent with the City's Comprehensive
Plan policies. There are no County land use regulations that apply
to the annexation of the islands.
llA
In order to promote consistency and coordination between the City and
County, both the City and County shall review and approve
amendments of the City's Comprehensive Plan which apply to the
portion of the urban growth area outside the city limits. Such changes
shall be considered first by the City and referred to the County prior to
final adoption. If the County approves a proposed amendment to the
City's plan, the change shall be adopted by ordinance, and made a part
of the County's plan.
FINDING:
The City is not proposing amendments to the City's Comprehensive
Plan. This policy is not applicable.
U-9.
The area outside the urban growth boundary shall be maintained in
rural and resource uses consistent with the Statewide Land Use
Planning Goals.
FINDING:
The proposed annexation of the islands does not affect the area
outside the urban growth boundary. This policy is not applicable.
M-10.
The City and County shall strive to enhance the livability of the urban
growth area and to promote logical and orderly development therein in
a cost effective manner. The County shall not allow urban density uses
within the Urban Growth Boundary prior to annexation to the city unless
agreed to in writing by the City. City sewer and water facilities shall not
be extended beyond the city limits, except as may be agreed to in
writing by the City and County. The City shall be responsible for
preparing the public facilities plan.
FINDING: This policy is not applicable.
M-11.
Conversion of land within the boundary to urban uses shall be based on
a consideration of:
a. Orderly, economic provision for public facilities and services;
b. Availability of sufficient land for the various uses to insure choices
in the market place;
c. LCDC Goals;
d. Further development of vacant and under utilized residential land
within the City's buildable land inventory before annexing additional
territory for conversion to residential use at urban densities; and
d. Applicable provisions of the Marion County and City
Comprehensive Plans.
FINDING:
The City finds that these criteria do not apply to these annexations
because the island areas are already "urban" not "urbanizable"
lands. Consequently, no conversion to urban use is occurring or
will occur as a result of the annexation. The islanded areas are
developed with urban uses, except for the island located at Front
Ave and Hwy 214.
All sewer and water lines necessary to provide service to the island
areas are available. Properties on Laurel Avenue will need to
extend a sewer lateral west in Laurel Avenue from Hwy 99E. The
provision of services is orderly and economic, in that the City has
done all that the City needs to do to make sewer and water
available to the islanded lands. These findings have addressed the
applicable provisions of the City's Comprehensive Plan which has
been acknowledged by the Land Conservation and Development
Commission (LCDC).
"1281
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11A
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llA
MEMO
TO:
FROM:
DATE:
SUBJECT:
City Council through City Administrator
Public Works Director ~
May 11, 2001
Information on Public Infrastructure Related to Compulsory Annexation
Issues
During the public hearing on island annexations, there were some questions raised that
need to be clarified by the staff. There are four major areas that Public Works needs to
address. These are outlined below:
B.
C.
D.
Systems Development Charges (SDCs)
Requirement to connect to City system
City Service Charge Billing
Utility Extension Cost Sharing
.System.Development Chames (SDC)
What is a System Development Charge (SDC)?
This is a legally developed purchase price of the capacity most likely to be needed to
serve the structure under consideration.
NOTE: SDC revenue can not be used for removing deficiency or for providing other sen/ices to the
premises. Only capacity expansion improvement expenditures can be made utilizing these funds.
What System Development Charge would need to be paid by property owners currently being
considered for annexation?
These are outlined below (current charges):
Water $1,452
Sewer $2,977
Park $0 ~
Traffic
Impact $0
Storm $0
When connection is made to City's water system
When connection is made to City system considering septic system is
not failing othen~ise, must connect if within 300 feet of adequate sewer
main. Only one-half or $1,488.50 charged if connection is made within
a year of annexation. The other half paid by the City.
These impacts already exist, therefore,
there are no additional charges
IlA
Require..m. ent to Connect to City System
When would the property owners be required to connect to the city sewer system?
There is no fixed time period required for connecting to the city sewer system, however,
structures on failing septic systems within 300 feet of an adequate City sewer main
must connect.
City Service Chame Billin_~
When would city start billing the monthly service charges for water and sewer?
After the property starts receiving service by connecting to city utilities.
(NOTE: This assumes that Council has approved the ordinance deleting the provision that allows the
minimum charge to be billed if the property is within 100 feet of an adequate sewer main).
What is the monthly water and sewer charge for an average residence.
Water: $11.65/month
Sewer: $27.38/month
(based on average use of 1,000 cubic feet/month,
minimum possible $7.45/month)
(based on average winter months usage, minimum
possible $20.20/month)
NOTE: A fixed monthly charge of $27.38 is billed to residences connected to city sewer but not to city
water
D- Utility Extension Cost Sharin.q
1. What is the policy of utility (water and sewer main) extensions and who pays for it?
The benefited property owners pay for utility extensions through a Local Improvement
District (LID), private agreement with developers, approved reimbursement process or
some other funding mechanism approved by City Council. The City Council has
established a LID process for fair share cost allocation by Ordinance 2105 that meet
the legal requirements of the State. In this process the benefited property owners pay
their fair share cost of water and sewer and other infrastructure extensions and
upgrades.
(NOTE: The sewer main extension to provide service to Laurel Avenue properties is estimated at
$238,813. A 4' unlooped water line to replace existing %' water line is estimated at $60,187, however, if
the line is looped with an 8' water main with fire hydrants, then it is estimated to cost $124,944).
GST~SewerChgModif~ublic Infra& CompulsoryAnnex
llA
I1A
Memo
To.'
From:
Date:
Subject:
John Brown, City Administ~or
Ben Gillespie, Finance Dir~]r ~
May 9, 2001 ~ ~U'
Property Taxes in Count~ ~tnd City
The Council's discussion of annexing islands raised the issue of the tax rate inside the City versus
the rate outside the City. In the City of Woodburn the total tax rate per $1,000 is $18.3056. For
property outside the City limits but in the Woodburn Fire District and the Woodburn School
district the rate is $12.1432.
This schedule gives the breakdown by taxing district.
County City
Madon County
Woodburn Fire District
Woodburn School District
Willamette Regional ESD
Chemeketa Corn College
Regional Library
City of Woodbum
$3.0166 $3.0166
1.6008 1.6008
6.3638 6.3638
0.2788 0.2788
0.8022 0.8022
0.0810 0.0810
6.1624
Total $12.1432 $18.3056
The only difference is the rate for the applied to properties inside the City.
The rate inside the City exceeds the Measure 5 limitation of $15/$1,000 for two reasons.
Chemeketa and the Regional Library have voter approved operating levies, and the Fire District,
the School District, and Chemeketa have bond levies, which are exempted form the $15
limitation.
llA
CITY OF WOODBURN
Community Development
270 Montgomery Street
Date:
To:
From:
Subject:
MEMORANDUM
Woodbum, Oregon 97071 (503) 982-5246
April 23, 2001
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development
City Initiated Annexations
RECOMMENDATION:
It is recommended that the City Council hear public testimony on the annexations and then
continue the public headng until May 14, 2001 so that the legal descriptions of the annexed
properties can be approved by the Oregon Department of Revenue.
BACKGROUND:
The City Council passed a resolution calling for a public hearing on April 23, 2001 on
the annexation of all lands surrounded by the City at the March 12, 2001 City Council
Meeting.
DISCUSSION:
Oregon State Law provides for the compulsory annexation of territory surrounded by a
city. Such territory may be annexed by the passage of an ordinance without any vote in
such territory or consent by the owners of land therein and without an election within the
city pursuant to Oregon Revised Statute (ORS) 222.750, the "island" annexation
statute.
The annexation of all the islands within the City would be a legislative action. The
annexation of the islands is being processed without comprehensive plan and zone
changes, to prevent the annexations from being a quasi-judicial decision. A quasi-
judicial annexation would be subject to the comprehensive plan and zone change
criteria in the VVoodburn Zoning Ordinance and the appeal process at the Land Use
Board of Appeals and the Court of Appeals. It is possible to annex the islands without
changing the zone designation. City staff will administer the Marion County zoning
provisions until zone changes are processed for the subject properties. A
comprehensive plan and zone change for each of the islands can be initiated at a later
date by the request of the property owners or initiation by the City. There is an
opportunity to change the comprehensive plan and zone designations for the islands by
the City in conjunction with the periodic review process in the next fiscal year.
11A
The islands of land that are proposed to be annexed are shown on the maps labeled as
Exhibit "A" and listed below as follows:
FIGURE 1 -
FIGURE 2 -
FIGURE 3 -
FIGURE 4 -
FIGURE 5-
FIGURE 6 -
FIGURE 7'-
FIGURE 8-
FIGURE 9-
FIGURE 10 -
.9 acre annexation on Stacy Allison Way and West Hayes Street
19.5 acre annexation on State Highway 214 and Commerce Way
1.1 acre annexation on Parr Road
.6 acre annexation on Boones Ferry Road and Country Club Road
4.9 acre annexation on Country Club Road and Boones Ferry Road
1.9 acre annexation on Boones Ferry Road
.5 acre annexation on Boones Ferry Road
3.1 acre annexation on Boones Ferry Road
11.68 acre annexation on State Highway 99E and Laurel Avenue
2.9 acre annexation on Brown Street
The Finance Department analyzed the fiscal implications of the proposed annexations.
Finance staff commented that the value of the property to be annexed is $3,186,371.
Applying the City's permanent tax rate of $6.0534 per thousand dollars of value,
indicates that the City's property taxes collections will increase $20,819. The
annexations are estimated to add 100 people to the City. Assuming 1.5 police
personnel per thousand population, this equates to a demand for 0.15 more police staff
at a cost of $13,013. Reducing the population served by the Library that is outside the
City limits by 100 people will reduce the CCRLS subsidy to the Library by about $500.
Realistically the annexations will make no difference in the Parks usage. Based on
population, the demand for Planning services will increase $2,663. The total marginal
costs of the annexations will be $16,176 ($13,013+$500+ $2,663). The net impact of
the annexation will be an increase in revenue of $4,643.
The Public Works Department provided comments discussing the sewer and water
issues involved with annexations of the various enclaves. These comments are
attached as Exhibit "B."
ATTACHMENT
Exhibit "A" - Legal Descriptions and Maps of the Annexation Islands
Exhibit "B" -- Public Works Department Comments
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FIGURE 1
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1 lA
Wal-Mart Annexation
Being located in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County,
Oregon.
Beginning at a point on the South right-of-way line of West Hayes Street which bears North 89° 19' 20"
West 50.00 feet and North 88° 52' 10" West 869.95 feet from the Northwest comer of Lot 1, Block 69,
WOODBURN SENIOR ESTATES NO. 7, as recorded in Volume 22, Page 42, Book of Town Plats for
Marion County, Oregon; Thence South 01° 07' 50" West 27.96 feet; Thence North 88° 52' 10" West
1,349.41 feet to a point on the Westerly fight-of-way line of Stacy Allison Way, Thence North 35° 55' 17"
East, along said line 34.05 feet to a point; Thence South 88° 52' 10" East 1,329.76 feet to the point of
beginning being the begitming point of the description of the WAL-MART tract as described in Warranty
Deed recorded on Reel 1684, Page 753, Deed Records of Marion County, Oregotr
Containing 0.9 acres of land
' 11/
SUBJECT SITE
12
103 03 03 S
5'100
FIGURE 2
llA
Van Valkenburg-Simeonov-Burlingham Annexation
Located in Section 7 and 8, in Township 5 South, Range I West of the Willamette Meridian, Marion
County, Oregon.
Beginning at the Southwest comer of that tract of land deeded to the Burlingham Partnership by deed
recorded on Reel 1268, Page 226 deed records of Marion County, Oregon; Thence Southeasterly along the
Southwesterly line of said tract to the Southeast comer of said h-act; Thence Northerly along the Easterly
line of said tract, also being the East line of OCOBOCK'S ADDITION, a duly recorded subdivision of
Marion County, Oregon, to the South line of lot 8, Block 3, of the WALILALE HOME TRACTS, a duly
recorded subdivision of Marion County, Oregon; Thence along the South line of said lot 8 to the East line
of said subdivision; Thence North along said East line to the intersection of the South right-of-way line of
Oregon State Highway 214 - Mount Hood Avenue; Thence West along said South right-of-way line to the
intersection of the Northwesterly line of lot 4, block 3, of said WALILALE HOME TRACTS; Thence
Southwesterly along said Northwesterly line to the most Westerly corner of said lot 4 and on the Northerly
line of lot 7 of aforementioned OCOBOCK'S ADDITION; Thence West along said NoCtberly line to the
Northwest comer of OCOBOCK'S ADDITION; Thence Southwesterly along the Northwesterly line of
OCOBOCK'S ADDITION to the point of beginning.
Containing a total of 19.5 acres of land
NO0 18'15E 1!46.26
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SUBJECT SITE
11A
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~ T
Monnier Annexation, 328 Parr Road
Being located in Section 13, Township 5 South, Range 2 West of the Willamette Meridian, Marion County,
Orego~
Beginning at a point in the center line of County Road No. 517 ( Parr Road) said point being 540.00 feet
North 00° 15' East and 1297.85 feet South 89° 41'30" East and 2599.55 feet South 89° 39' East from the
most Northerly Northwest comer of the Peter Raymond Donation Land Claim No. 88, in Township 5
South, Range 2 West of the Willamette Meridian, Marion County, Oregon, said poim of beginning being
also the Northwest corner of that certain tract of land conveyed to E. Urbane Widmer and Beulah Widmer
by deed recorded in Volume 498, Page 585, Marion County Deed Records; and running thence North 89°
39' West along the center of said County Road 6.31 feet; Thence South 00° 43'30" West 412.01 feet;
Thence South 87° 53'40" East 114.06 feet; Thence North 00° 21' East 15.50 feet to the Southeast comer of
said Widmer tract; Thence North 00°21' East along the East line of said Widmer tract 400 feet to the
Northeast comer of said Widmer tract, and the center line of said County Road; Thence North 89° 39'
West along the North line of said Widmer tract in the center of said County Road 105 feet to the point of
beginning.
Containing a total of 1.1 acres of land
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FIGURE 4
llA
Gorman Annexation, 2523 Boones Ferry Road
Being located in Section 7 Township, 5 South, Range I West of the Willamette Meridian, Marion County,
Orego[[
Beginning at the Southeast comer of Lot 9, Elmendorf Acres in Township 5 South, Range 1 West of the
Willamette Meridian, Marion County, Oregon, said Southeast comer being the intersection of the West
Line of Boones Ferry Road with the North line of Country Club Road; Thence North 87° 12' West 180.00
feet along he North line of Country Club Road to an iron pipe; Thence North 09° 42' East 149.67 feet to an
iron pipe; Thence South 85° 17' East 195.84 feet to an iron pipe on the West line of said Boones Ferry
Road; Thence South 16° 09' West 146.00 feet along said West line to the point of beginning.
Containing a total of 0.6 acres of land
120
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FIGURE
llA
Country Club Road Annexation
Being located in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County,
Oregon.
Beginning at the intersection point Boones Ferry Road and Country Club Road in Marion County, Oregon;
Thence North 87° 43' 15" West along the centerline of Country Club Road 1,110 feet more or less to a
point; Thence South 02° 16' 45" West, 30.00 feet to a point on the South right-of-way line of said Country
Club Road and the Northwest comer of that tract of land conveyed to Richard J. Vachter by deed recorded
on Reel 562 Page 262, Deed Records of Marion County, Oregon; Thence South 87° 43' 15" East along
said South right-of-way 151.00 feet to the Northwest comer of that tract of land conveyed to the City of
Woodbum by deed recorded on Reel 148, Page 171 Deed Records of Marion County, Oregon; Thence
Southerly 125.00 feet along the West line of said tract to the Southwest comer of said tract; Thence
Westerly along the southline of said tract and paraflel to the South line of Country Club Road 200 feet to
the Southeast comer of said tract, also being a point on the West line of that tract of land conveyed to the
Church of Jesus Christ Latter Day Saints Corporation by deed recorded on Reel 205, Page 1954, Deed
Records of Marion County, Oregon; Thence Southerly 259.53 feet to the Southwest comer of said Church
tract; Thence Easterly along the South line of said tract 262.43 feet to the most Southerly Southeast comer
of said Church tract; Thence Northerly 120.00 feet along the East line of said Church tract to a comer,
Thence South 87° 22' 47" East 22 feet more or less to the Northerly Southeast comer of said tract; Thence
North 02° 15' 05" East 266.74 feet to the Northeast comer of said Church tract, also being a point on the
South line of Country Club Road; Thence along said South line South 87° 44' 55" East, 213.92 feet to the
Northwest comer of that tract of land conveyed to Pacific Northwest Bell Telephone Company by deed
recorded in Vol. 640, Page 17, Deed Records o f Marion County, Oregon; Thence South 16 o 09' 00" West,
173.82 feet to the Southwest comer of said tract; Thence East along the South line of said tract and
extension there of, 225 feet more or less to the centerline of Boones Ferry Road; Thence Northerly along
said centerline 210 feet more or less to the point of be~nning.
Containing a total of 4.9 acres of land
I
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0
0
0
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FIGURE 6
1lA
Comwell Annexation, 1060 Boones Fen'y Road
Being located m Section 7, Township 5 South Range I West of the Willamette Meridian, Marion County,
Oregon.
Beginning at the Southwest comer of that tract of land conveyed to THE CORNWELL FAMILY
LIMITED PARTNERSHIP by deed recorded on Reel 1720, Page 601, Deed Records of Marion County,
Oregon, said point being at the centefline of Boone's Ferry Road; Thence Southeasterly 339 feet more or
less to the Southeast comer of said tract; Thence North 21°45'41"East, 265.51 feet to the Northeast comer
of said tract; Thence Westerly along the north line of said tract 383.62 feet to a point on the eentefline of
Boone's Fen3' Road and the Northwest comer of said tract; Thence South 13027' 00' West along said
centefline 183.7 feet more or less to the point of beginning.
Containing a total of 1.9 acres of land
8
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3600
3 j~J~J
2300
FIGURE 7
CI'1Y(~ID.
:-' llA
400
0.23
3800
TRACT K
270O
19.22AC
103 03
',<
llA
Baglien Annexation, 2580 Boones Ferry Road
Being located in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County,
Oregott
Beginning at the Southwest comer of that certain property conveyed to A. G. Glatt by deed recorded in
Volume 178, Page 243 of the Marion County Deed Records which point is North 89° 38' West, 38.81
chains and South 21° 04' West 12.385 chains from the Northeast comer of Soction 7, Township 5 South,
Range 1 West of the Willamette Meridian, Marion County, Oregon, said beginning point is also in the
center of the Boones Ferry Road; Thence North 21 o 04' East 170.67 feet along the centerline of said
Boones Ferry Road; Thence South 66° 30'30" East 139.34 feet to an iron pipe; Thence South 20° 42'30"
West 117.64 feet to an iron pipe set in the South line of said A.G. Glatt propeRy; Thence North 87° 33'
West 147.70 feet along said South line to the point of beginning.
Containing a total of 0.5 acres of land
1000
103 O0 05 0
90O
1100
2
20O
130~
UBJECT SITE
100
' llA
_Fi/16 co
2800
2700
600
500 MILLER
6900
llA
Nauta, Miller, Sauvain, Lindstrom Annexation
Being located m Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County,
Oregon.
Beginning at a point on the centefline of Boones Ferny Road, also being the Southwest comer of that tract
of land conveyed to Donald E Lindstrom by Deed recorded on Reel 1182, Page 37, Marion County Deed
Records; Thence South 76° 33' East 224.0 feet to the Southeast comer of said tract and a point on the West
line of MILLER FARM SUBDIVISION, a duly recorded plat of Marion County, Oregon; Thence along the
West line of said subdivision, North 13° 24' 56" East, 308.20 feet to a point; Thence South 87° 24'48"
East, 12.14 feet to a point; Thence North 12° 57' 48" East, 282.48 Feet to a point on the Northwest comer
of Lot 53 of said subdivision; Thence North 76° 31' 30" West, 220.60 feet along the Northerly line of that
tract of land conveyed to Louis P. and Rhonda L. Nau~a by deed recorded on Reel 465 Page 213 of the
Marion County Deed Records, to the center line ofBoones Feny Road; Thence South 15° 45'05" West
along said centerline to the Southwest comer of that tract of land conveyed to Donald E. Lindstrom, the
point of beginning.
Containing a total of 3.1 acres of land
IBJECT SITE
FIGURE 9
llA
Laurel Avenue Annexation (WYNN'S ADDITION)
Being located in Section 17, Township 5 South, Range 1 West of the Willamette Meridian, Marion County,
Oregon.
Beginning at the Southwest comer of Lot 9, Block 2 of WYNN'S ADDITION, a duly recorded
subdivision of Marion County, Oregon; Thence North 87° 00' East along the South line of said subdivision
1,102.41 feet to the Southeast comer of lot 14; Thence North 03° 00' 00" West, 310.00 feet to the North
right of way line of Laurel Avenue; Thence North 87° 00' East, 186.39 feet along said right of way to the
Southeast comer of lot 15, block 1, WYNN'S ADDITION; Thence North 03 o 00' 00" West, 239.20 feet to
the Northeast comer of lot 15, YN-N'S ADDITION; Thence North 89° 06' 00" West, 684.77 feet to the
Northwest corner of that tract land conveyed to Peter and Irene Yakis, Reel 904, Page 156, Deed Records
of Marion County, Oregon; Thence South 02° 47' 47" East, 139.97 feet more or less to the Northeast
corner of lot 10, WYNN'S ADDITION; Thence along the North line of said lot 10, 128.22 feet to the
Northeast comer thereof; Thence South 32° 22' 53" West, 4.05 feet; Thence North 57° 40' 05' West,
162.92 feet to a point on the Easterly line of U.S. Highway 99E; Thence Southwesterly along said Easterly
line to the point of beginning.
Containing a total of 11.68 acres of land
I
I
II
I
I
0 o3
0
0 ~0
0
o o
~ 0 0
0 o
0 0
o
o °o
o
/"~- 55.54 I 43.03
o 8/o
FIGURE 10
llA
Brown Street Annexation
Located in Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County,
Oregon.
All that property currently outside of the city boundary lying between Brown Street a dedicated public
right-of-way, The North bounda~, of Meadwood Subdivision a duly recorded Submission, The West
Boundary of the Meadowpark Subdivision a duly recorded Subdivision and Warren Way a dedicated public
right-of-way.
Containing a total 2.9 acres of land more or less
Exhibit "B" ~1_1A
MEMO
To'.
From:
Subject:
Date:
Naomi Zwerdling, Senior Planner
Randy Scott, C.E. Tech III ~9
Annexation of various properties
April 18, 2001
Public Works comments regarding annexation of various enclaves.
The annexed properties under consideration would be entitled to connect to city infrastructure (
water and sewer lines, etc.) having adequate capacity to serve the properties. However, if the
service main does not have enough capacity or there is no city main line available in the vicinity,
then it must be constructed and financed by the benefiting property owners. In addition, all fees
must be paid prior to receiving the service. Where improvements such as utility extensions and/or
upgrading streets to city standards benefit an specific area, construction of these facilities can be
allowed through a Local Improvement District (LID) process. The LID process allows a property
owner to share the cost of the improvement with all the benefiting property owners.
The properties are encouraged to connect to city sewer service within a one year period.
Properties will not be forced to connect to city system unless they have a failing on-site system.
Connection to sanitary sewer system is regulated by Ordinance No. 2174 which states the
following;
All sewer structures located within 300 feet of an adequate city sewer main, and
experiencing septic system failure, must connect to the city system. NO NEW subsurface
wastewater treatment and disposal (septic tank systems) shall be allowed within the city
limits. Structures that are connected to city water and located within 100 feet of a city
sewer main for a period of one year but not connected to the sewer, will be charged at the
minimum usage per unit as outlined under Section 5(E)l. As identified in section 5 (E)I,
the current rate for meter residential account is $20.20 for the first 500 cu. ft. and an
additional $3.59 for each additional 100 cu. ft. A non-metered residential account monthly
rate would be $27.38/month
All structures currently not connected to city service will be required to pay water and sanitary
sewer system development charges in place at the time of connection. The city has no payment
plan, however in emergency, health related issues, the city will work with the property owner. The
current sanitary sewer and domestic water charges are outlined in city resolutions and ordinances
which are available for review during normal office hours.
On connection of the sewer structure to the City of Woodburn sanitary sewer system, the
existing septic system shall be abandoned in accordance with state regulations.
On connection of the water structure to the City of Woodburn water system, staff recommends
that the existing on site well be abandoned in accordance with state regulations. The city currently
has a subsidy program to encourage such abandonment. The water service shall be upgraded with
a proper backflow device to protect the city system if the water well is not abandoned
CITY OF WOODBURN
Community Development
MEMORANDUM
lib
270 Montgomery Street
Date:
To:
From:
Subject:
Recommendation
Woodburn, Oregon 97071 (503) 982-5246
May 14, 2001
Honorable Mayor and City Council thru City Administrato~~-'~
Jim Mulder, Director of Community Development/~
/,/
Annexation 00-01 and Zone Change 00-01 V
The City Council has the following options pertaining to this proposal:
(2)
(3)
(1) Concur with the Planning Commission's final order and approve
Annexation 00-01 and Zone Change 00-01
Modify the Planning Commission's final order.
Deny Annexation 00-01 and Zone Change 00-01.
It is recommended that the City Council instruct staff to prepare an ordinance to
substantiate the Council's decision.
Background
At their hearing on March 22, 2001, the Planning Commission reviewed a request by
Friendly GMC to approve an annexation of a 0.98 acre site into the City of Woodburn
and a Zone Change from Marion County Commercial Retail (CR) to the City's
Commercial Retail (CR) District. The subject property is located on the east side of
Hwy 99E between East Lincoln Road and Aztec Drive.
On April 12, 2001, the Planning Commission approved an order recommending that the
City Council approve Annexation 00-01 and Zone Change 00-01.
Attachments:
Exhibit A: Planning Commission Final Order, dated 4/12/01
Exhibit B: Planning Commission 3/22/01 Minutes
Exhibit C: Planning Commission 3/22/01 Staff Report
liB
EXHIBIT "A"
Planning Commission Final Order
4/12/01
Incorporated 1889
liB
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
ANNEXATION 00-01
ZONE CHANGE 00-01
FINAL ORDER
WHEREAS, a request was made to the Planning Commission to hear a proposal
to annex a commercial property into the City and change its zone from a Marion County
commercial designation to a City of Woodburn commercial designation, and;
WHEREAS, the Planning Commission reviewed the matter at their regularly
scheduled meeting of March 22, 2001, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff and the applicant, and;
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to recommend approval of ANNEX
00-01 and ZC 00-01 and instructed staff to prepare findings and conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
The Planning Commission hereby recommends approval of Annexation 00-01
and Zone Change 00-01 to the Woodburn City Council. Said recommendation is
based on substantial evidence presented at the hearing and the findings and
conclusions contained in Exhibit "A" and conditions of approval in Exhibit "B',
which are attached hereto and by reference incorporated herein.
Approved:
J,,~"s Cox, Vice-Chai//person '0ate
FINAL ORDER - ANNEX 00-01, ZC 00-01
Community Development Department
270 Montgomery Street · Woodburn, Oregon 97071
Ph.503-982-5246 · Fax 503-982-524/4
Page
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
I. NATURE OF APPLICATION
The applicant requests City annexation of the Fdendly GMC auto dealership on Hwy
99E and a zone change from Marion County's Commercial Retail (CR) zoning to the
City's Commercial Retail (CR) District. The facility requires sanitary sewer service
due to a failed septic system, and City service is available to the site by an existing
line along Hwy 99E. In order for the facility to connect to this service, the property
is required to be within the City of Woodbum, resulting in this annexation and zone
change request. There are no structural additions or alterations proposed on the
site as part of this proposal.
I1. RELEVANT FACTS:
The property is located at 770 N. Pacific Hwy, further described on Marion County
Assessor Maps as Township 5 South, Range 1 West, Section 17BA Tax Lot 2000.
The site is currently in Marion County and is designated as Commercial Retail (CR)
under County zoning. It is designated as Commercial on the City's Comprehensive
Plan Map and would be zoned Commercial Retail (CR) at the time of annexation.
The site is fully developed with a commercial establishment which has been in place
since 1948. The size of the property is 0.98 acres and is virtually flat. There is no
landscaping on the property, and it is paved, with the exception of the rear (east)
portion. There is an existing structure which is the service building for the auto
dealership. This building is approximately 9,850 square feet in size.
Hwy 99E runs along the west side of the subject property. The adjacent properties
to the north, east and south are outside of the City and have the same County
zoning (Commercial Retail) as the subject property. The adjacent property to the
southeast (Tax Lot 3600 as shown on Exhibit "C") is also outside of the City and has
a County zoning designation of Single Family Residential (RS). To the north is the
Valley Pacific Floral & Interior shop, to the south is the Benavidez Tires store and
an automobile storage yard, and to the east and southeast are two single-family
residential homes. There is also a gravel storage yard on the opposite side of the
Pacific Highway owned by the Oregon Department of Transportation.
The property has had a failed septic system for several months. At the time that it
failed, the property owner requested to hook up to the City's sanitary sewer service.
The request was denied by the City Council since the property was still in the
County, and the property owner was informed that the property would need to be
annexed into the City in order to hook up.
FINAL ORDER - ANNEX 00-01, ZC 00-01 Page 2
11B
III.
IV.
With the exception of the proposed sewer hook-up and some landscaping, there are
no improvements being proposed to the site as part of this application. The use of
the property is permitted as an Optional Use in the City's CR District, and such use
is not proposed to change.
RELEVANT APPROVAL CRITERIA
ANNEXATION 00-01
A. OREGON STATEWIDE PLANNING GOALS
B. WOODBURN COMPREHENSIVE PLAN
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 00-01
A. WOODBURN COMPREHENSIVE PLAN
B. WOODBURN ZONING ORDINANCE 1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 00-01
A. Oregon Statewide Planninq Goals
FINDING: The property is proposed to be annexed into the City under a
commercial zone. It is currently designated as commercial on the
Comprehensive Plan and is within the Urban Growth Boundary. As a result, the
statewide planning goals are being implemented through the acknowledged
Comprehensive Plan.
B. Woodburn Comprehensive Plan
FINDING: The property is designated as Commercial on the Comprehensive
Plan Map. It is proposed to come into the City under the Commercial Retail
(CR) District. The existing car dealership use is permitted as an "Optional
Business" in this district. The proposed zone district would be in keeping with the
zoning pattern of the surrounding neighborhood, considering the properties in
this immediate area which are in the City are also designated with the CR
FINAL ORDER - ANNEX 00-01, ZC 00-01
Page 3
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District.
The Comprehensive Plan goals and policies do not establish a Site Plan Review
requirement for the annexation of developed properties. The applicant is not
proposing any alteration of the existing building as part of the annexation and
zone change application. As a result, a Site Plan Review application has not
been made as part of this proposal, and the criteria for Site Plan Review are not
addressed in this report. At such time that the property is annexed into the City,
then an alteration of the building would require the Site Plan Review process.
IX. Goals and Policies
B. Commercial Land Development Policies
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 City
presently has four major commercial areas: 99E, I-5- Interchange,
the downtown area and the 214/211/99E four corners intersection
area. No new areas should be established.
FINDING: The proposed property for annexation is along Hwy 99E, one of the
four major commercial areas identified in the Comprehensive Plan, and is
surrounded by commercially developed properties, with the exception of the
single-family home to the east. Since the property is also developed with a
commercial business, there would be no new commercial area established as
part of the proposed annexation.
B-4. Architectural design of commercial areas should be attractive with a
spacious feeling and enough landscaping to reduce the visual impact
of large expanses of asphalt parking areas.
FINDING: The existing building on the property is in fairly good condition.
There is an asphalt area between the building and highway where automobiles
are displayed for sale. This area is approximately 20,500 square feet. The
applicant has indicated that a landscape strip will be provided along the
property's highway frontage to enhance its appearance.
D. Annexation Goals and Policies
D-1. The goal is to guide the shape and geographic area of the City within
the urban growth boundary so the City limits:
A. Define a compact service area for the City.
B. Reflect a cohesive land area that is all contained within the City;
FINAL ORDER - ANNEX 00-01, ZC 00-01
Page 4
liB
Co
and
Provide the opportunity for growth in keeping with the City's goals
and capacity to serve urban development.
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial sales business. Since the
surrounding properties are developed with commercial establishments as well
(excepting the single-family home the east), a compact service and cohesive
land area would be maintained. In addition, the property would be annexed as
an infill parcel. The City presently has the facility capacity to serve this property
with sanitary sewer.
D-2. The goal is to clearly establish the intent of each proposed expansion
of the City; to assess the proposal's conformance with the City's plans
and facility capacity and to assess its impact on the community prior
to deeming an annexation application complete.
FINDING: The intent of this annexation is for the property to connect to the
City's sanitary sewer system to relieve a health hardship situation. It has been
indicated by the City's Public Works Department that the capacity exists within
this system to support the site. Since the property is developed and no changes
are proposed as part of this annexation and zone change, there will be no
change in impact to the community.
D-3. The goal is to achieve greater utilization of land within the City by:
Fostering an efficient pattern of urban development in the City,
maximizing the use of existing City facilities and services, and
balancing the costs of City services among all benefited residents
and development by incorporating all territory into the City limits
that will be of benefit.
FINDING: The health hardship situation would be relieved if the property were
annexed and connected to the sanitary sewer service. The cost of the service
would also be shared with another party, and such cost would be better
balanced as a result.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels necessary and
suitable for existing uses. The provision for future public facilities and
services in these areas shall be based upon (1) the time required to
provide the service, (2) reliability of service, (3) financial cost, and (4)
levels of service needed and desired.
FINAL ORDER - ANNEX 00-01, ZC 00-01 Page 5
lie
FINDING: As previously mentioned, there is an existing sanitary sewer service
along the subject property to which the applicant is proposing to connect to
relieve a health hardship situation. It has been indicated by the Public Works
Department that adequate capacity exists in this system to serve the subject
property.
I. Wastewater Goals and Policies
I-1.
Develop a system that will comply with regulatory treatment
requirements of the Clean Water Act for anticipated wastewater flows
and reduce the amount of pollutants that are released into the
environment.
FINDING: The Public Works Department manages the wastewater treatment
facility that collects and treats all wastewater generated by its users. The
applicant is connecting their site to this system.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein arterial streets are of sufficient
width to accommodate traffic flows without interruption ....
FINDING: Hwy 99E in front of the site has an 80 foot right-of-way width, and its
existing improvements include 4 travel lanes with a center turn lane. This
section of roadway is of sufficient width to accommodate the existing traffic flow
from the subject site.
K-1-5. The City shall encourage pedestrian safety and foster pedestrian
activity, sidewalks shall be provided on all arterial, service collector,
and access streets. Where possible, sidewalks should be detached
from the curb, separated by a minimum 4-foot side parkway strip.
FINDING: There is currently a five (5) foot wide sidewalk along the front of the
site.
K-1-9. Where possible, driveway access along Highway 214 and Highway
99E shall be consolidated to meet the driveway density guidelines
outlined in the Access Management Plan .....
Where possible, driveway access along the following sections of
Highway 99E shall be consolidated:
· Lincoln Street / Aztec Drive
FINAL ORDER- ANNEX 00-01, ZC 00-01 Page 6
11B
FINDING: There is one access directly onto Highway 99E from the subject site,
and there is an additional access from the access easement along the south of
the site. ODOT has provided comments that this property will be required to
obtain permits for access and for connection to the sanitary sewer. The
applicant/property owner will need to comply with the requirements stated by
ODOT during these permit processes.
L. Growth Goals
L-2. The goal is to assure that all expansion areas of the City are served
by public facilities and services with adequate capacity.
FINDING: As mentioned, there are existing public services provided along the
subject site in the Hwy 99E right-of-way, and it has been indicated by the Public
Works Department that these services, mainly sanitary sewer, have adequate
capacity to service the property.
M. Growth and Urbanization Policies
M-1. To insure that growth is orderly and efficient, the City shall phase the
needed public services in accordance with the expected rate of
growth. The extensions of the existing public services should be in
accordance with the master plans in this Comprehensive Plan.
FINDING: Because the site has already been developed and can be readily
serviced with public facilities, the goals in this section of the Comprehensive
Plan are satisfied.
X. The Land Use Plan
B. Commercial Lands
"....Commercial lands also pose difficulty in deciding their property location
because of the high traffic which is generated by commercial uses and the
necessity for good transportation facilities improvements. They also can
impact quite severely on adjacent residential uses and this must be
considered in their location, and especially in their zoning. The commercial
areas of the city should be aimed to develop at higher densities instead of
a sprawling type development. There are basically four major commercial
areas in Woodburn, and they should serve the City for the foreseeable
future.
..... The second large commercial area which has developed in the City is
FINAL ORDER - ANNEX 00-01, ZC 00-01 Page 7
the commercial strip along Highway 99E. The strip zoning along 99E has
caused many problems in the City of Woodburn. This is because this type
of development is the least efficient use of commercial land and highway
frontage. While there is little which can be done with the areas which have
already been developed, some of this will be redeveloping in the future,
especially north of Lincoln Street. Access control policies shall be
observed when street improvements occur."
FINDING: The subject site is currently developed with a car dealership. The
applicant has indicated that no alterations or additional improvements, aside
from a landscaped strip adjacent to the street, are proposed to the building or
site as a result of this proposal.
Xl.
Implementation of the Plan
F. Transportation Plan
FINDING: The annexation and zone change will have to comply with the
requirements established by ODOT through the access connection permitting
processes.
G. Capital Improvement Plans
FINDING: Capital improvements have been made along the section of 99E
fronting the subject property, including public service facilities and the
construction of a five (5) foot wide sidewalk. As mentioned, the property owner
is proposing to connect to the sanitary sewer system which has been made
available to the site through capital improvements.
C. Woodburn Transportation Systems Plan
FINDING: As mentioned, this site will have to comply with the standards
established and required by the Oregon Department of Transportation (ODOT)
when the property owner applies for the necessary access permit. The property
is along Hwy 99E which has been established as a major arterial in this plan
under the jurisdiction of ODOT.
ZONE CHANGE 00-01
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
11B
FINAL ORDER- ANNEX 00-01, ZC 00-01 Page 8
property is Commercial on the Comprehensive Plan Map, and the existing use
of an automobile sales site is in keeping with this designation.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification of any
area from one zone or district to another, after the proposed change has
been reviewed and a recommendation made by the Planning Commission.
Such change shall be by an ordinance enacted by the Common Council
after proceedings have been accomplished in accordance with the following
provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in Chapter
7 of the Zoning Ordinance. After concluding its hearing, the Planning
Commission shall prepare a report setting forth a summary of facts and
conditions involved in the reclassification and submit the same, together
with its recommendation to the Common Council.
Section 15.040. Hearing Before the Common Council. If the Common
Council so desires, it may hold a public hearing on any proposed Zone
Change or reclassification as provided in Chapter 7. Any Zone Change or
reclassification of property shall be by ordinance, and shall not be passed
until after the conclusion of a public hearing held either by the Planning
Commission or Common Council. Denial of a Zone Change or
reclassification shall be by motion. The petitioner may present written or
oral information to the Common Council at the time the rezone or
reclassification is considered. Whenever any change is authorized by the
Common Council, the Official Zoning Map shall be changed as provided in
Section 4.050.
FINDING: A Zone Change is being requested as part of this proposal from
Marion County's Commercial Retail (CR) Zone to the City's Commercial Retail
(CR) District. The Zone Change is necessary in order for City zoning to be
established on the property once it is annexed from Marion County. Once the
property is annexed into the City, the City would have jurisdiction over future site
improvements through the Site Plan Review process. The zoning of Commercial
Retail on adjacent properties is being applied to the subject property, which is
compatible with its use as well as with the commercial designation on the
Comprehensive Plan Map.
llB
FINAL ORDER - ANNEX 00-01, ZC 00-01 Page 9
11B
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof.
given consideration in evaluating
amendments and are as follows:
The following specific questions shall be
requests regarding plan and zoning
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best meet
that need:
FINDING: As mentioned, there is a commercial use that exists on the property.
This use is permitted as an Optional Business within the zoning district which
is proposed to be established on the property as part of this request.
V. CONCLUSION
Based on the information in this final order and the applicable review criteria, this
proposal satisfies all approval criteria relating an Annexation and a Zone Change.
FINAL ORDER - ANNEX 00-01, ZC 00-01
Page 10
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EXHIBIT "B"
CONDITIONS OF APPROVAL
ANNEXATION 00-01
ZONE CHANGE 00-01
Community Development Department
General Conditions
Any conditions attached to the approval of the annexation and zone change
shall be met prior to final approval. A violation of the conditions shall be
considered a violation of the zoning ordinance.
The applicant/property owner shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions
of approval. The signed document must be received by the Community
Development Department before the project approval shall become effective.
ZONE CHANGE 00-01
The property shall be subject to the site plan review process prior to any new
development or improvements. Existing non-conforming improvements and
or utility requirements may be addressed at that time.
A triangle with 30 foot legs at the southwest corner of the site shall be kept
clear of obstructions which are taller than 30 inches, unless such
obstructions are no more than 12 inches in diameter and do not have any
sort of canopy less than 7 feet from grade surface.
Public Works Department
Blaine Street is currently a private roadway and not a public street. The city
will not accept maintenance responsibility until such time the public right of
way is dedicated and the street improvements meet current city standards.
Sanitary sewer service can be provided from the existing sanitary sewer main
within Pacific Highway 99E right-of-way. Prior to connection the appropriate
system development fees shall be paid.
The property is currently being served by an undersized 1" water line from
East Lincoln for domestic service. Any additional water service will require
the installation of proper sized mains. This will be the responsibility of the
owner not the city.
FINAL ORDER - ANNEX 00-01, ZC 00-01 Page 11
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EXHIBIT "B"
Planning Commission Minutes
3/2210~
WOODBURN PLANNING COMMISSION
March 22, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson Young p
Vice Chairperson Cox A
Commissioner Fletcher A
Commissioner Miller p
Commissioner Lima p
Commissioner Mill p
Commissioner Bandelow p
Commissioner Lonergan p
Commissioner Heer A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
llB
B._=. Annexation 00-01 and Zone Chan.qe 00-01, request to annex a .98 acre commercial property
into the city limits and chanqe the zonin.q on the property from Marion County "Commercial
Retail" to City of Woodburn "Commercial Retail" located at 770 North Pacific Highway, Tonv
Miller, applicant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of this proposal based on the applicable review criteria as well as the findings in
the report and information provided by the applicant.
Commissioner Miller asked what do they do for sewage in the meantime?
Staff referred this question to the applicant.
Planning Commission Meeting - March 22, 2001 Page 7 of 10
111
Commissioner Lonerqan inquired what are the plans for the neighboring property as far as Annexation?
Staff replied the property to the north, south and east are not located in the City but in Marion County. She
indicated they do not have any applications from any of the surrounding property owners.
Commissioner Lonergan also questioned if the only way to get the property Annexed would be through the
request of the properly owner and the City can not annex the property?
Staff responded there are three ways to Annex; (1) the applicant can request Annexation; (2) the City
Council on their own motion can annex unincorporated property that is completely surrounded by City
property; and (3) the City Council can call for an election of the owners and tenants of the affected property
to annex.
Deniece Won interjected the only way you can forcibly Annex someone who does not desire to be Annexed
is if it is completely surrounded under the Island Annexation statute. Every other method of Annexing people
ultimately is in the control of the registered voters in the area to be Annexed.
Commissioner Bandelow commented the County has at times refused to give a permit to install new drain
lines to those properties that are within the Urban Growth Boundaries and those outside the City limits. She
stated this forces people to come in. She asked if their only altemative then is to hook up to the City sewer
for lands within the Urban Growth Boundary?
Deniece Won answered in most circumstances lands that are within an Urban Growth Boundary are
developed to such an extent that there is not a possibility for an alternate location for a drain field to meet
the standards so the only viable option is connection to a City's sanitary sewer system. She indicated
Annexation for this is required under City policy. There are LCDC Administrative Rules prohibiting the
extension of public sewers outside of a UGB.
Testimony by A~plicant(s)
Anthony Miller, 820 7~ St., Gervais 97026 explained the reason for the application is so that they can hook
up to the City sewer system. He indicated they have two septic systems on the property now, one of which
has failed. Mr. Miller stated the County will not issue a permit to put another one in. Mr. Miller commented
h~ told City Staff that they will try to landscape the front of the property to spruce it up a bit.
Commissioner Miller asked the applicant what are they using in the meantime?
Anthony Miller explained they funnel everybody to the one restroom that works.
Chairperson Younq questioned if the new and used cars are washed on site or do they use a wash rack?
Anthony Miller answered they wash the cars on site with City water. He remarked there is a storm drain on
99E and Blaine Street.
Testimony by Proponents
None
Testimony by Opponents
None
Discussion
Chairperson Young closed the public
discussion.
hearing and opened it up for Planning Commission members
Commissioner Lima remarked he does not see any problems with the application and therefore, will vote
Planning Commission Meeting - March 22. 2001
Page 8 of 10
llB
in favor of the application.
Commissioner Miller commented he went through this with his home and has every bit of empathy and
sympathy with the applicant. He stated he is in favor of the request.
Commissioner Lonerqan stated the application makes sense. He indicated he is somewhat perplexed at
why we would allow a piece of property to tie into City water and not be Annexed but we require Annexation
for City sewer.
Chairperson Younq indicated he thinks it is appropriate that it is part of the City of Woodburn. They have
been operating their business there since 1948 and are a cornerstone for the community. He stated they
welcome all those properties to join the City rolls. Chairperson Young indicated he favors the project.
Commissioner Lonerqan moved to accept Annexation 00-01 and Zone Change 00-01 with the Staffs
conditions and a Final Order to be presented at the April 12"~ Planning Commission meeting. Commissioner
Lima seconded the motion, which unanimously carried.
FINAL ORDER
A.~. Partition 00-06, Variance 0'1-0'1, Variance 01-02 and Lot Line Adjustment 01-02, request to
subdivide a .8 acre parcel into three lots located at 1690 Laurel Avenue, Robert L. En.qle,
applicant.
Commissioner Loner,qan moved to accept the Final Order for Partition 00-06, Variance 01-01 and Lot Line
Adjustment 01-02. Motion was seconded by Commissioner Lima. Motion carried with Commissioner Mill
and Commissioner Bandelow abstaining from voting because they did not attend this hearing.
DISCUSSION ITEMS
Commissioner Bandelow requested clarification regarding when a motion is made at a Public Hearing the
Commission moves to approve the applications and instruct Staff to prepare a Final Order to that effect.
Deniece Won replied she presumed that is correct. She clarified what determines when the Commission
makes a final decision is a matter of law. LUBA and the courts will say the final decision is made when you
s. ign the document that contains your findings and facts criteria and conclusions. What is done before that
is a directive statement of your future intentions. Additionally, she reported the verbal decision made at the
prior hearing is a tentative decision and a direction to Staff of what to put in the contents of that final
document. People could shift positions durin9 the discussion. You could have positions change between
the hearing where you verbally give an opinion and the second hearing when you adopt the document.
Commissioner Lima commented what the Commission is really doing is rubber stamping the decision made
at the prior hearing if the Final Order concurs with the directions given to Staff.
Deniece Won remarked she hesitates and refuses to utilize the word "rubber stamping" in the sense that
it implies that the Commission has no ability to modify its preliminary decision.
Commissioner Miller questioned whether several Commissioners might change their minds between that
time?
Staff interjected there have been situations where there were only four Commissioners that made an action
and then five more can come to the next meeting who might have voted differently.
Commissioner Lonerqan asked in that situation would we have to open it back up to a public hearing again
since the Final Order would not be approved in this case?
Staff replied they could not bring in any new evidence but they could deliberate, change their decisions and
modify conditions.
Planning Commission Meeting - March 22, 2001 Page 9 of 10
11B
EXHIBIT "C"
Planning Commission Staff Report
3/22101
ll'B
S TA FF REPORT
WOODBURN PLANNING COMMISSION
Annexation 00-01
Zone Change 00-01
"Friendly GMC"
March 22, 2001
APPLICATION INFORMATION:
Applicant:
Tony Miller
820 7th Street
P.O. Box 252
Gervais, OR 97026
Property Owner:
Maxine Hartke
10477 SE Waverley Ct. #3012
Milwaukie, OR 97222
Application Deemed Complete: July 20, 2000
120 Day Rule Deadline: Not applicable
Staff Report Available for Public Review: March 15, 2001
I1. NATURE OF APPLICATION
The applicant requests City annexation of the Friendly GMC auto dealership on
Hwy §gE and a zone change from Marion County's Commercial Retail (CR)
zoning to the City's Commercial Retail (CR) District. The facility requires sanitary
sewer service due to a failed septic system, and City service is available to the
site by an existing line along Hwy 99E. In order for the facility to connect to this
service, the property is required to be within the City of Woodburn, resulting in
this annexation and zone change request. There are no structural additions or
alterations proposed on the site as part of this proposal.
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 1
liB
III.
IV.
RELEVANTFACTS:
The property is located at 770 N. Pacific Hwy, further described on Marion
County Assessor Maps as Township 5 South, Range 1 West, Section 17BA Tax
Lot 2000. The site is currently in Marion County and is designated as
Commercial Retail (CR) under County zoning. It is designated as Commercial on
the City's Comprehensive Plan Map and would be zoned Commercial Retail (CR)
at the time of annexation.
The site is fully developed with a commercial establishment which has been in
place since 1948. The size of the property is 0.98 acres and is virtually flat.
There is no landscaping on the property, and it is paved, with the exception of the
rear (east) portion. There is an existing structure which is the service building for
the auto dealership. This building is approximately 9,850 square feet in size.
Hwy 99E runs along the west side of the subject property. The adjacent
properties to the north, east and south are outside of the City and have the same
County zoning (Commercial Retail) as the subject property. The adjacent
property to the southeast (Tax Lot 3600 as shown on Exhibit "C") is also outside
of the City and has a County zoning designation of Single Family Residential
(RS). To the north is the Valley Pacific Floral & Interior shop, to the south is the
Benavidez Tires store and an automobile storage yard, and to the east and
southeast are two single-family residential homes. There is also a gravel storage
yard on the opposite side of the Pacific Highway owned by the Oregon
Department of Transportation.
The property has had a failed septic system for several months. At the time that
it failed, the property owner requested to hook up to the City's sanitary sewer
service. The request was denied by the City Council since the property was still
in the County, and the property owner was informed that the property would need
to be annexed into the City in order to hook up.
With the exception of the proposed sewer hook-up and some landscaping, there
are no improvements being proposed to the site as part of this application. The
use of the property is permitted as an Optional Use in the City's CR District, and
such use is not proposed to change.
RELEVANT APPROVAL CRITERIA
ANNEXATION 00-01
A. OREGON STATEWIDE PLANNING GOALS
B. WOODBURN COMPREHENSIVE PLAN
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 2
,llB
ZONE CHANGE 00-01
A. WOODBURN COMPREHENSIVE PLAN
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 00-01
A. Ore.qon Statewide Planninq Goals
STAFF COMMENT: The property is proposed to be annexed into the City
under a commercial zone. It is currently designated as commercial on the
Comprehensive Plan and is within the Urban Growth Boundary. As a result,
the statewide planning goals are being implemented through the
acknowledged Comprehensive Plan.
B. Woodburn Comprehensive Plan
STAFF COMMENT: The property is designated as Commercial on the
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial Retail (CR) District. The existing car dealership use is permitted
as an "Optional Business" in this district. The proposed zone district would be
in keeping with the zoning pattern of the surrounding neighborhood,
considering the properties in this immediate area which are in the City are
also designated with the CR District.
The Comprehensive Plan goals and policies do not establish a Site Plan
Review requirement for the annexation of developed properties. The
applicant is not proposing any alteration of the existing building as part of the
annexation and zone change application. As a result, a Site Plan Review
application has not been made as part of this proposal, and the criteria for
Site Plan Review are not addressed in this report. At such time that the
property is annexed into the City, then an alteration of the building would
require the Site Plan Review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-I. The City should at all times have sufficient land to accommodate
the retail needs of the City and the surrounding market area. The
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 3
liB
City presently has four major commercial areas: 99E, I-5-
Interchange, the downtown area and the 214/211/99E four corners
intersection area. No new areas should be established.
STAFF COMMENT: The proposed property for annexation is along Hwy
99E, one of the four major commercial areas identified in the Comprehensive
Plan, and is surrounded by commercially developed properties, with the
exception of the single-family home to the east. Since the property is also
developed with a commercial business, there would be no new commercial
area established as part of the proposed annexation.
B-4. Architectural design of commercial areas should be attractive with a
spacious feeling and enough landscaping to reduce the visual
impact of large expanses of asphalt parking areas.
STAFF COMMENT: The existing building on the property is in fairly good
condition. There is an asphalt area between the building and highway where
automobiles are displayed for sale. This area is approximately 20,500 square
feet. The applicant has indicated that a landscape strip will be provided along
the property's highway frontage to enhance its appearance.
D. Annexation Goals and Policies
D-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
A. Define a compact service area for the City.
B. Reflect a cohesive land area that is all contained within the City;
and
C. Provide the opportunity for growth in keeping with the City's
goals and capacity to serve urban development.
STAFF COMMENT: The property is currently within the Woodburn Urban
Growth Boundary and is developed with a commercial sales business. Since
the surrounding properties are developed with commercial establishments as
well (excepting the single-family home the east), a compact service and
cohesive land area would be maintained. In addition, the property would be
annexed as an infill parcel. The City presently has the facility capacity to
serve this property with sanitary sewer.
D-2.
The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance with
the City's plans and facility capacity and to assess its impact on the
community prior to deeming an annexation application complete.
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 4
llB
STAFF COMMENT: The intent of this annexation is for the property to
connect to the City's sanitary sewer system to relieve a health hardship
situation. It has been indicated by the City's Public Works Department that
the capacity exists within this system to support the site. Since the property is
developed and no changes are proposed as part of this annexation and zone
change, there will be no change in impact to the community.
D-3. The goal is to achieve greater utilization of land within the City by:
Fostering an efficient pattern of urban development in the City,
maximizing the use of existing City facilities and services, and
balancing the costs of City services among all benefited
residents and development by incorporating all territory into the
City limits that will be of benefit.
STAFF COMMENT: The health hardship situation would be relieved if the
property were annexed and connected to the sanitary sewer service. The
cost of the service would also be shared with another party, and such cost
would be better balanced as a result.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels necessary
and suitable for existing uses. The provision for future public
facilities and services in these areas shall be based upon (1) the
time required to provide the service, (2) reliability of service, (3)
financial cost, and (4) levels of service needed and desired.
STAFF COMMENT: As previously mentioned, there is an existing sanitary
sewer service along the subject property to which the applicant is proposing
to connect to relieve a health hardship situation. It has been indicated by the
Public Works Department that adequate capacity exists in this system to
serve the subject property.
I. Wastewater Goals and Policies
Develop a system that will comply with regulatory treatment
requirements of the Clean Water Act for anticipated wastewater
flows and reduce the amount of pollutants that are released into the
environment.
STAFF COMMENT: The Public Works Department manages the wastewater
treatment facility that collects and treats all wastewater generated by its
users. The applicant is connecting their site to this system.
K. Transportation Goals and Policies
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 5
liB
K-1-2. Develop a street system wherein arterial streets are of sufficient
width to accommodate traffic flows without interruption ....
STAFF COMMENT: Hwy 99E in front of the site has an 80 foot right-of-way
width, and its existing improvements include 4 travel lanes with a center turn
lane. This section of roadway is of sufficient width to accommodate the
existing traffic flow from the subject site.
K-1-5. The City shall encourage pedestrian safety and foster pedestrian
activity, sidewalks shall be provided on all arterial, service
collector, and access streets. Where possible, sidewalks should
be detached from the curb, separated by a minimum 4-foot side
parkway strip.
STAFF COMMENT: There is currently a five (5) foot wide sidewalk along the
front of the site.
K-1-9.
Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway density
guidelines outlined in the Access Management Plan .....
Where possible, driveway access along the following sections of
Highway 99E shall be consolidated:
· Lincoln Street / Aztec Drive
STAFF COMMENT: There is one access directly onto Highway 99E from the
subject site, and there is an additional access from the access easement
along the south of the site. ODOT has provided comments that this property
will be required to obtain permits for access and for connection to the sanitary
sewer. The applicant/property owner will need to comply with the
requirements stated by ODOT during these permit processes.
L. Growth Goals
L-2. The goal is to assure that all expansion areas of the City are served
by public facilities and services with adequate capacity.
STAFF COMMENT: As mentioned, there are existing public services
provided along the subject site in the Hwy 99E right-of-way, and it has been
indicated by the Public Works Department that these services, mainly sanitary
sewer, have adequate capacity to service the property.
M. Growth and Urbanization Policies
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC"
Page 6
liB
M-1. To insure that growth is orderly and efficient, the City shall phase
the needed public services in accordance with the expected rate of
growth. The extensions of the existing public services should be in
accordance with the master plans in this Comprehensive Plan.
STAFF COMMENT: Because the site has already been developed and can
be readily serviced with public facilities, the goals in this section of the
Comprehensive Plan are satisfied.
X. The Land Use Plan
B. Commercial Lands
"....Commercial lands also pose difficulty in deciding their property
location because of the high traffic which is generated by commercial
uses and the necessity for good transportation facilities improvements.
They also can impact quite severely on adjacent residential uses and
this must be considered in their location, and especially in their zoning.
The commercial areas of the city should be aimed to develop at higher
densities instead of a sprawling type development. There are basically
four major commercial areas in Woodburn, and they should serve the
City for the foreseeable future.
..... The second large commercial area which has developed in the City
is the commercial strip along Highway 99E. The strip zoning along 99E
has caused many problems in the City of Woodburn. This is because
this type of development is the least efficient use of commercial land and
highway frontage. While there is little which can be done with the areas
which have already been developed, some of this will be redeveloping in
the future, especially north of Lincoln Street. Access control policies
shall be observed when street improvements occur."
STAFF COMMENT: The subject site is currently developed with a car
dealership. The applicant has indicated that no alterations or additional
improvements, aside from a landscaped strip adjacent to the street, are
proposed to the building or site as a result of this proposal.
Xl. Implementation of the Plan
F. Transportation Plan
STAFF COMMENT: The annexation and zone change will have to comply
with the requirements established by ODOT through the access connection
permitting processes.
G. Capital Improvement Plans
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC"
Page 7
llB
STAFF COMMENT: Capital improvements have been made along the
section of 99E fronting the subject property, including public service facilities
and the construction of a five (5) foot wide sidewalk. As mentioned, the
property owner is proposing to connect to the sanitary sewer system which
has been made available to the site through capital improvements.
C. Woodburn Transportation Systems Plan
STAFF COMMENT: As mentioned, this site will have to comply with the
standards established and required by the Oregon Department of
Transportation (ODOT) when the property owner applies for the necessary
access permit. The property is along Hwy 99E which has been established
as a major arterial in this plan under the jurisdiction of ODOT.
ZONE CHANGE 00-01
A. Woodburn Comprehensive Plan
STAFF COMMENT: Applicable goals and policies have been satisfied
through the implementation of the Woodburn Zoning Ordinance and other
applicable ordinances in affect at the time of approval. The designated land
use for the property is Commercial on the Comprehensive Plan Map, and the
existing use of an automobile sales site is in keeping with this designation.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification of
any area from one zone or district to another, after the proposed change
has been reviewed and a recommendation made by the Planning
Commission. Such change shall be by an ordinance enacted by the
Common Council after proceedings have been accomplished in
accordance with the following provisions.
Section '15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in Chapter
7 of the Zoning Ordinance. After concluding its hearing, the Planning
Commission shall prepare a report setting forth a summary of facts and
conditions involved in the reclassification and submit the same, together
with its recommendation to the Common Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7. Any
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 8
lib
Zone Change or reclassification of property shall be by ordinance, and
shall not be passed until after the conclusion of a public hearing held
either by the Planning Commission or Common Council. Denial of a
Zone Change or reclassification shall be by motion. The petitioner may
present written or oral information to the Common Council at the time the
rezone or reclassification is considered. Whenever any change is
authorized by the Common Council, the Official Zoning Map shall be
changed as provided in Section 4.050.
STAFF COMMENT: A Zone Change is being requested as part of this
proposal from Marion County's Commercial Retail (CR) Zone to the City's
Commercial Retail (CR) District. The Zone Change is necessary in order for
City zoning to be established on the property once it is annexed from Marion
County. Once the property is annexed into the City, the City would have
jurisdiction over future site improvements through the Site Plan Review
process. The zoning of Commercial Retail on adjacent properties is being
applied to the subject property, which is compatible with its use as well as
with the commercial designation on the Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions shall
be given consideration in evaluating requests regarding plan and zoning
amendments and are as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best meet
that need:
STAFF COMMENT: As mentioned, there is a commercial use that exists on
the property. This use is permitted as an Optional Business within the zoning
district which is proposed to be established on the property as part of this
request.
VI. CONCLUSION AND RECOMMENDATION
Based on the applicable review criteria, the findings in this report, and the
information provided by the applicant, staff recommends approval of this
proposal, Case No ANNEX 00-01 and ZC 00-01, subject to the following
conditions of approval:
Community Development Department
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 9
11B
General Conditions
Any conditions attached to the approval of the annexation and zone
change shall be met prior to final approval. A violation of the conditions
shall be considered a violation of the zoning ordinance.
The applicant/property owner shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions
of approval. The signed document must be received by the Community
Development Department before the project approval shall become
effective.
ZONE CHANGE 00-01
The property shall be subject to the site plan review process prior to any
new development or improvements. Existing non-conforming
improvements and or utility requirements may be addressed at that time.
A triangle with 30 foot legs at the southwest corner of the site shall be kept
clear of obstructions which are taller than 30 inches, unless such
obstructions are no more than 12 inches in diameter and do not have any
sort of canopy less than 7 feet from grade surface.
Public Works Department
Blaine Street is currently a private roadway and not a public street. The
city will not accept maintenance responsibility until such time the public
right of way is dedicated and the street improvements meet current city
standards.
Sanitary sewer service can be provided from the existing sanitary sewer
main within Pacific Highway 99E right-of-way. Prior to connection the
appropriate system development fees shall be paid.
The property is currently being served by an undersized 1" water line from
East Lincoln for domestic service. Any additional water service will require
the installation of proper sized mains. This will be the responsibility of the
owner not the city.
VII.
ATTACHMENTS
Exhibit "Al"
Exhibit "A2"
Exhibit "B"
Annexation application
Zone Change application
Site Plan
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 10
liB
Exhibit "C"
Exhibit "D"
Exhibits "El - E5"
Exhibit "Fl"
Exhibit "F2"
Attachment "A"
Attachment "B"
Assessor Map
Marion County Zone Map
Site Photos
Zone Map
Comprehensive Plan Map
Public Works comments
ODOT comments
Staff Report: Annex 00-01, ZC 00-01 "Friendly GMC" Page 11
Exhibit "Al
ANNEXATION INFORMATION SHEET
~r REC'D ~
DIRECT QUESTIONS TO:
JUN 2 0 2000
I1.
'"'To rv¢
(NAME)t
WOODBURN COMMUNITY
D, .,'-,;t- LO p.~c:~T DEPT.
(ADDRESS) ~0'.~ -9C/~ ~ ~"-~ '~
(TELEPHONE)
(CITY) (STATE) (ZIP CODE)
PROPERTY OWNERS:
j~ ^~'z/v£ /-/,~_~7~-~
NAME (PLEASE PRINT OR .TYPE)
ADDRESS & ZiP CODE
III. LOCATION AND SIZE OF THE PROPERTY'
770 /°~c, ~ .
APPLICATION CHECKLIST
OFFICE USE ONLY .YES NO
ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS
EXHIBITS:
1. REASON FOR ANNEXATION REQUEST
2. PROPOSED DEVELOPMENT OF AREA
3. EXISTING CONDITIONS OF AREA
(Exhibit "A")
(Exhibit "B")
(Exhibit "C")
5.
6.
7.
8.
SCHOOL IMPACT ANALYSIS (Exhibit "D")
PARK AND RECREATION FACILITIES AVAILABIUTY (Exhibit "E")
LEGAL DESCRIPTION Of THE PROPERTY (Exhibit "P~
PLOT PLAN
LIST OF ALL PROPERTY OWNERS WITHIN 100
FEET OF THE PROPERTY
(Exhibit "G")
(Exhibit "H")
9. ASSESSOR'S MAP (Exhibit "1")
SCHEDULED HEARING DATE:
APPLICATION RECEIVED BY:
DATE:
' ! r 1'
ANNEXATION PETITION - REQUIRED INFORMATION
PLEASE PROVIDE THE FOLLOWING INFORMATION:
REASON FOR ANNEXATION REQUEST'
A.
Bo
Exhibit "A"
Reason:
'
Proximity of City Services - indicate on an accompanying
map.
llB
PROPOSED DEVELOPMENT OF THE AREA Exhibit "B"
A. If totally or partially undeveloped, what are the future plans for the site
(Provide a preliminary site plan):
~. If the site is fully developed provide a plot plan:
EXISTING COMDITIONS OF THE'AREA Exhibit "C"
B.
Land Area: Acres ~ c~ ~
General description of the area:
1. Slopes: L~_v ~_ ~,
2. Vegetation:
3. Drainage: t~ ,[
4. Flood Areas:
5.
Sewage disposal --
6. Utilities (gas, elect., tele.)
Existin.q Land Use:
1. Number of single family units:
2. Number of multiple family units:
3. Industrial
4.
Commercial
Open Space
Public Uses
SCHOOL IMPACT
Exhibit "D"
Where is the nearest school facility:
llB
What is the expected student population of the area upon completion of the
development: No/d~.
5. PARK AND RECREATION FACILmES
Exhibit "E"
Ao
Is there sufficient area to provide for park
development:
/
or open space for the
6. LEGAL DESCRIPTION OF THE PROPRTY
Exhibit "F"
o
PLOT PLAN: Show all properties within 250' from and parallel to the subject
property and the land use of each. Exhibit"G"
NAMES AND ADDRESS OF ALL PROPERTY OWNERR (husband and wife) within
250' from an parallel to the subject property. Obtain certified list and map from title
company and attach. Exhibit "H"
ASSESSOR'S MAP. Attach copy of Marion County Assessor's Map showing
subject area and outlining 250' notification area. Exhibit "r'
We the undersigned, hereby certify that all the statements in the plot plan,
attachments, and exhibits transmitted herewith are true and complete, and we are
the owners of record or contract purchasers of property which the annexation is
requested:
ANNEXATION PROCEDURE W~'THOUT INVOLV'rN(] AN ELECTs'ON
11B
SUMMARY OF ~TEPS
1. Landowner consent submitted in writing to Planning Division with detailed
legal description and map of boundaries - filing date noted on form since
is only valid for 12 month from filing unless separate written agreement
to waive time period or prescribe a different time period in which to
commence annexation proceedings.
2. Annexation proposal can be initiated by Council or by petition to the
Council through the Commission by owners of the affected property to be
annexed. The Planning Co~mission makes a recommendation to the City
Council.
3. Notice of Public Hearings to be published once:
a) each week for two (Z) successive weeks prior to the day of the hearing
~nd shall post notices in four (4) public places for the same period of
time (we have used City Hall, Library, Community Center, and location of
annexation as public places for posting in the past)
Woodburn Independent has been used as the newspaper of general circulatior
for purpose of publishing the hearing notice.
b) Notice of Public Hearing is sent to property owners within 250 feet at
least 20 days prior to each hearing.
4. Hearing is held before Planning Commission. Commission makes recommenda-
tion to City Council.
5. By Resolution, Council fixes a date and time for a public hearing on the
proposed annexation.
6. Hearing is held and Council, by motion, directs the staff to prepare
ordinance calling for the annexation. Ordinance contains a detailed legal
description and detailed map of affected area.
Effective date cannot be 90 days or less before a primary or general
electlon date and ending the day after the electlon.
7. Council adopts ordinance.
8. Ordinance is filed with Department of Revenue, County Assessor, County
Clerk, and Franchisees within 10 days of the effective date of the
Ordinance.
ANNEXPRO
(~i I X UI- VVU~JLJDUI~I~io ~J~t::~3Ul~ll
ANNEXATION PETITION AND CONSENT
We, 'the undersigned legal owner or contract purchaser and ceside~t electors of a certain parcel of land herein
described and attached to this Annexation Petition as Exhibit I, petition the Honorable Mayor and City Council of
Woodburn for annexation of that cert~n property to the City of Woodburn. We further desire that by this petition that
the c~tain property be annexed to and be included within the corporate limits of the City of Woodburn, Oregon, a
rnurdcipal corporation, and we do hereby consent to such anne~catJon, without the necessity of any election being
called with the area above described, and we do hereby co~sent that the City Council of the City of Woodburn,
Oregon, take steps as are necessary to determine whether or not the said above described area shall be annexed.
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Absentee Owner{si or Contract Purchaserlsl:
Address:
Resident Owner(s) or Contract Purchaser{s)
that are Resident Elector(s}*:
Address:
Resident Electors* that are not Land Owners: Address:
Resident Electors means Registered Voters
STATE OF OREGON )
/ ~" ~ ein upon ~th, ~y t~t I s~ur~ ~ ~ app~ri~ on the
I, ~ (r(~ L~ ' ~ gdulysworn
~n and forgoing pelion, and ~ ~ was sign~ fray, volun~rily, w~o~ undue influ~e of any ~ture
~ u~ ~ ~srepr~en~ti~ as to ~e fa~s, fu~h~ affix, ~t to ~e b~ of my ~ge ~ indi~d~ above
M~ ~n~e a ~jor~ of t~ ~ors r~l~ed in the terr~o~ propos~ to be annexed a~ the ownersl~ntm~
pur~sers ~re t~an ~lf of the ~ in ~t terrace.
.
Subscrib~ and sworn to me this day of '~ ~ ~0
NOTARY~BUC FOR OR~ON -
~y ~mmission expires: ~-j j"-O ~
ANNEXATION PETITION AND CONSENT
~#EXPET.693
~~ DIEDRE ANNE WELLS
flB~.~)~ NOTARY PUBLIC - OREGON
~ ~...~....,,~/ COMMISSION NO. 309675
Exhibit "A2"
PETITION FOR ZONE ~MAP CHA~I._GE
.DIRECT QUESTIONS TO:
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(ADDRESS)
(TELEPHONE
(OITY) (STATE) (ZiP CODE)
REQUEST:
To change o.q'~ AC of (present zone/present comp. plan) ,O~y
C,q-y -
To (desired zone/desired comp. plan) ~~l I~,,'l as such zones sr'e defined
by the City of Woodbum Zoning Ordinance.
OWNERS:
NAME (pi FA,SE PRINT OR TYPE)
ADDRESS & ZIP CODE
LOCATION AND S!TF OF THE PROPERTY- or if not addressed, then state
distance to the nearest intersecting street or know landmark.
OFFICE USE ONLY
APPLICATION CHECKLIST
2.
3.
4.
Statement of Intern (Exb. A)
Plot' Plan (Exb. B)
Legal Description of the Property
Mst of All Property Owners within
250 Feet of the Property
Assessors Map
YES
NO
Ge
Se
REQUIRED ATTACHMENTS
.STATEMENT OF INTENT should discuSS/explain the mason this request is made.
Include bdef description of any proposed construc~ or land use change, show
that the request Is: 1) in conformence with the Comprehensive Plan; 2) there Is a
public nccd for this change; 3) that need Is best met by this proposal; 4) there is
no other avaulable and appropriately zoned land in the vicinity;. 5) petitioner's
cannot make a reasonable use of the land as it is currently zoned. (See zone
change policy considerations). (Mark EXHIBIT 'A")
PLOT PLAN: Show all properties within 250' from and parallel to the subject
property and the land use of each. Mark EXHIBIT 'B', Draw to scale.
LEGAL DESCRIPTION of the property in metes and bounds (as it appeam on the
deed); Mark EXHIBIT 'C', or if property is within a platted subdMsion:
* Lot: ~'/~ . Bloc{c. , of (SubdMsion).
*NOTE: If a fraction of the lot, then attach full description as if it were metes and
bounds.
NAMES AND ADDRESSES OF ALL PROPERTY OWNERS
within 250 feet from and parallel to the subject property.
and map from title company and attach. Mark EXHIBIT "D".
(husband and wife)
Obtain certified list
ASSESSOR'S MAP Attach copy of Marion County Assessor's map showing
subject area and outlining 250" notification are~ Mark EXHIBIT 'F"/
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We, the undersigned, hereby certify that ail the statements in the plot plan,
attachments, and exhibits transmitted herewith are true and complete, and we are
the ownem of record or contract purchasers of property for which the zone map
.change is requested: ---
NAME
DATE
WARRANTY DEEO (INOIVIOUAL!
· hm*ek~altef called ~l~, ~ to
O! ~~ State of ~, ~i~ ~:
See A~ached ExhSbSt "~" attache~ an~ ~ncor~gate~ hege~n.
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and covenant(s~ that grantor' is the owner of Ihe above described property free o( all encumbrances except
and will warrant and defend the same a93inst all persons who may lawlully claim the same. except as shown above.
The true and actual consklecation lot this transfer is $
Oa,~ ,his ~ ~ o, ~ --. ~-~--' . ~ ,~,,~,~
,n Ibis ,nSt"~ral m vsO~?~O~ Of llP~IICII3~ tltld Ul~ ~ I~(~ ~. B£be t ne .,me r
proved~ Frie~a H. oLbethe£me~
STATE OF OREGON. County of ~L~ .. ---- ) ss.~
~ ~ ............ lg~r~nally appear~ the a~ve
instrument to ~ '
Beige me: ~ / '
· . L~... ,~
. -....- ;:..~ .... . _ _ _
-~ - ~..
.:".T~ ~af ~unt ~ould ~ncIude cash plus all encun-,b~ances exisDn9 againsI the pfo~rtY to which the
~oper.ty ~ns ~biect or which the pufcha~r agr~s ~o pay of as~me.
I~ ~si~er~t~on includes oIher property or value, add the following: "However. the acIual consideration
consists of or includes o[hef ~o~ftv ~ value given or promis~ which is par~ ol the/the whole
~nsideration." (Indicate which)
Bibetheimer
--- TO
Afte~ Recording Return 1o:
Tdle
By
_Del~-tv
Title l~o. 616869
EXHIBIT
Beginning at the Southeast co~ner of that Parcel conveyed to
William B. Damery and Elizabeth Damery b~ Deed recorded in Volume
· 447, of Deed Records for Marion County, Oregon, which
410, pag ....... - 0G-45, 215.8 feet and South 247.5
point of beginning Is ~ou~ g~ West
feet from the Southwest co~ner of the Tovner Savage Donation Land
Claim No. 40, in Township ? South, Range 3 West of the Willamette
in Harion ount , Oregon; thence South 1 foot to the
Meridian C .. ~ .... ,. ,~.~ ~rth 89'45~ West along the
North line of Rooseve~ ~cc~ ............. point which is 1
~orth line of Roosevelt Street, 264.0 feet to a
foot South of the Southwest corner of said DameL~7 Parcel; thence
North along the Southerly extension of the ~est 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 said
Damery parcel, 264.0 feet to the East line of said Damery Parcel;
thence South along said East line 114 feet to the place o[
beginning.
SAVE AND EXCEPT: Beginning at a point on the South line of the
Bibelheimer Tract as described in Volume 702, ~age 558 of Deed
Records for Karion 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 TOVner Savage Donation Land
Claim No. 40 in Township ? South, Range 3 West of the Willamette
Heridian, Marion County, Ore, on; thence North 89°45' West along
said South line 85.0 feet; thence North 115 feet parallel with the
East line of said Tract; thence South 89~45' East parallel with
said South line 85o~0 feet to a point; thence South parallel with
said East line 115 feet to the point of beginning.
ALSO SAVE AND EXCEPT: Beginning at a point that is the Southeast
corner of that certain Tract of land conveyed to H. Bibelheimer in
Volume ?02, l~age 558, Deed Records for Marion County, Oregon, said
point is also South 89~45' West ~15.8 feet and South 248.5 feet,
more or less, from the Southwest corner of the Towner Savage
ponation Land Claim No. 40 in Township 7 South, Range ~ West of
the Willamette ~eridian 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 Bibelhei~er
Tract, 115.0 feet; thence South 89~45' East parallel with the
North line of said Roosevelt ctreet 85 feet to a point on the East
line of said Bibelheimer Tr&~k; thence South said East line 115.0
feet to the point of beginning.
.B
Commercial Land Development Policies
B-1 This land is already in urban growth
B-2 N/A
B-3 N/A
B-4 We will be adding some landscape.
B-5 N/A
Annexation Goals and Policies
?-EC'D
FEB 0 9 200!
,,,.;..:;Li/ ,Jr!h; COMMUNITY
D-1 annexing property that is already developed and is a compatible land use to be in the
city and is compatible with surrounding land uses.
D- 2N/A
D-3 Business already est.
D-4. The reason for the annexation is to hook up to the city's sewer system
D-5 N/A
Public Services Goals and Policies
H-1 Purpose of annexation is to hook up to city sewer.
Wastewater Goals and Policies
I-1 The business shall do this.
Transportation Goals and Policies
K-1 N/A
Growth Goals
L-I N/A
L-2 Will have minimal impact on overall city system as one site
L-3 Sewer is provided in front of site and makes sense to connect
L-4 N/A
L-5 N/A
L-8 Will abide by City Council conditions
A. Commercial
N/A
B. Commercial Lands
N/A
Goal 9: Economic Development
Bring existing commercial development into city jurisdiction, thereby enhancing its tax-
base and economy.
Goal 11: Public Facilities and Services
Annexation will result in hook-up to public facilities for sewer, as is a planning goal by
the state.
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·
Exhibit "B"
1000
1200 ~
1300
6400
1600
6600 2300
2
0 0 0 0
1500
~23AC
~ 2~oo
2200 ~
4100
4300 4400 4500
.~oo 103 O0 03 5~, -'
~']"RJP ~
9.4M CH (e24,ee) ;~
~ A:FT~c'
Exhibit "D"
~,ASTLE
Exhibit "El"
Exhibit "E2"
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-/-/o
Exhibit "E3"
11B
Exhibit "E4"
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~y
Exhibit "E5"
.1. lB
Exhibit "Fl"
C/TY LIMIT8
TOMUN AVE
Exhibit "F2"
111
COMPREHENSIVE
LAND USE PLAN
COMP LEGEND
I---I RESIDENTIAL
< 12 UNITS PER ACRE
~ RESIDENTIAL
> 12 UNITS PER ACRE
~ ~ COMMERCIAL
~ INDUSTRIAL
r'---I OPEN SPACE AND PARKS
F-'-I PUBLIC USE
o SINGLE FAMILY
DUPLEX
- TRIPLEX
n MULTI-FAMILY
o MANUFACTURED HOMES
,~' COMMERCIAL
· '. INDUSTRIAL
,o PUBLIC OR PRIVATE SCHOOL
Attachment "A"
ANNEXATION/ZONE CHANGE
770 NORTH PACIFIC HIGHWAY
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GENERAL CONDITIONS
o
Blaine Street is currently a private roadway and not a public street. The
city will not accept maintenance responsibility until such 'time the public
right of way is dedicated and the street improvements meet current city
standards.
Sanitary sewer service can be provided from the existing sanitary sewer
main within Pacific Highway 99E right-of-way. Prior to connection the
appropriate system development fees shall be paid.
The property is currently being served by an undersized 1" water line from
East Lincoln for domestic service. Any additional water service will require
the installation of proper sized mains. This will be the responsibility of the
owner not the city.
The property shall be subject to the site plan review process prior to any
new development or improvements. Existing non conforming
improvements and or utility requirements will be addressed at that time.
Attachment "B"
q
o PROJECT REFERRAL
Woodburn Community Development Department
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270 Montgomery Street
Woodburn, OR 97071
(503} 982-$246
DATE:
TO:
July 31, 2000
Project Applicant
Marion County
Woodburn Fire District
Woodburn School District
D.S.L.
~UG 0 7 2000
Parks Department
Woodburn Police Department
Street Division
Water Division
Wastewater Division
D.L.C.D. ~., e- .~: ~uilding Department
Engineering Department (Rand~)tt) ....... O{her
ODOT: Dan FrickelDon Jordan
PROJECT: Annexation 00-01; proposal by the "Friendly GMC" to annex a site approximately 1
acre in size into the City of Woodburn. The property is located at 770 N. Pacific Hwy, on the
east side of Hwy 99E between Aztec Dr. and E. Lincoln Rd. The property would be
commercially zoned once annexed.
In order to process this application in a timely manner, please return written comments to the
VVoodbum Community Development office by August 29, 2000. If comments are not submitted prior
to this date, it will be assumed that you have no concerns on this proposal. A facilities meeting has
been scheduled for Thursday, August 10th at 9:00 a.m. (prior to the meeting for Oregon Choice
Homes) to address any concerns regarding this proposal. The meeting will be held in the City Hall
conference room. Please contact Scott Clark at (503) 980-2431 if you have any questions.
you for your assistance.
Comm n s:
,~,~c,
Ccc ~e~
Thank
14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
May 14, 2001 o~_...~¢~''''
Honorable Mayor and City Council thru City Administrat
Jim Mulder, Director of Community Development/~
Planning Commission's Action on Partition 01-03/
At their meeting of May 10, 2001, the Planning Commission concurred with the
Community Development Director's decision to approve a partition request. This
decision is final unless the City Council calls this decision up for review.
Applicant:
George Wilhelm
P.O. Box 561
1771 Mt. Jefferson Ave
Woodburn, OR 97071
Property Owner:
Dale Baker
2874 Newberg Hwy
Woodburn, OR 97071
NATURE OF THE APPLICATION: The applicant requested to partition a commercial
property into two separate parcels. A portion of the subject property has been
developed with a Jack-in-the-Box restaurant, and the remaining portion is undeveloped
and vacant. The applicant proposed to partition the vacant portion of the property off
from the developed portion.
RELEVANT FACTS: The subject property is located in the northwest portion of the City
between Highway 219 and Arney Road. It is addressed as 110 Arney Road, further
identified on Marion County Assessor Maps as Township 5 South, Range 2 West,
Section 12B, Tax Lots 1101 and 1103.
The property is fairly flat and is 1.33 acres in size. The property is to be divided into two
parcels. Parcel 1 is to be 0.81 acres in size, and Parcel 2 is to be 0.52 acres. Parcel 1
is the developed portion of the property. The designated zoning for the property is
Interchange District (ID), and its adjacent properties are designated the same. The
neighboring properties to the north (opposite side of Arney Road) are designated ID as
well, and those to the east (opposite side of Arney Road) are designated Commercial
Retail (CR) District.
1
14A
The subject property is currently made up of two separate tax lots. It has been
indicated that the developed portion of the property has been leased to its tenant (Jack-
in-the-Box) and that the property was divided into two tax lots with the assessor's office
for taxing purposes. However, both tax lots are legally described as one property.
2
14B
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(50~ 982-5246
Date:
To:
From:
Subject:
May 14, 2001
Honorable Mayor and City Council thru City Administrat~
Jim Mulder, Director OI Community DeYelopment~
Planning Commission s Action on Site Plan Re¥i~ws 01-08 through 01-
08, Woodburn School District modular classrooms
At their meeting of May 10, 2001, the Planning Commission concurred with the
Community Development Director's decision to approve four Site Plan Review requests
by the Woodburn School District for four modular classrooms. This decision is final
unless the City Council calls this decision up for review.
Applicant:
Property Owner:
Bill Key
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
Woodburn School District
965 N. Boones Ferry Road
Woodburn, OR 97071
SITE PLAN REVIEW 01-05: Lincoln Elementary
NATURE OF APPLICATION: The applicant proposed to locate an additional modular
classroom on the Lincoln Elementary site. It is to be on the west side of the main
building next to the existing modular classrooms. The new modular is necessary to
accommodate growth in student population in the Woodburn School District.
RELEVANT FACTS: The modular consists of two classroom spaces. It is to be
identical in design as the existing modulars on the site and is proposed to consist of
landscaping surrounding the structure. Thoro is a residential neighborhood to the north
of where the modular is proposed to be located (Henry's Farm Subdivision). The only
separation between this location and the neighborhood is a large field and a chain-link
fence along the school property line.
The property is zoned Public Education (PE) District and is designated on the
Comprehensive Plan Map as Public Use. School facilities are permitted outright in this
district.
The property is located on the east side of North Boones Ferry Road and north of
Highway 214, further described on Marion County Tax Assessor Maps as Township 5
South, Range 1 West, Section 7BD, Tax Lot 2300. It is addressed at 1025 N. Boones
Ferry Rd.
14B
SITE PLAN REVIEW 01-06: Heritage Elementary
NATURE OF APPLICATION: The applicant proposed to locate an additional
classroom modular on the Heritage Elementary site. It is to be on the southeast side of
the main building in between the building and the fire access driveway. The new
modular is necessary to accommodate growth in student population in the Woodburn
School District.
RELEVANT FACTS: The modular consists of two classroom spaces. It is to be
identical in design as the existing modulars on the site and is proposed to consist of
similar landscaping surrounding the structure. There is a residential neighborhood to
the southeast of where the modular is proposed to be located (Flora Meadows
Subdivision). The only separation between this location and the neighborhood is a
large field and a chain-link fence along the school property line.
The property is zoned Single-Family Residential (RS) and is designated on the
Comprehensive Plan Map as Low Density Residential. School facilities are permitted
as conditional uses in the RS District. Heritage Elementary and Valor Middle School
received conditional use approval as part of a zone change and annexation in 1992.
The proposed modular is permitted as a temporary classroom addition to the site's
approved conditional use.
The property is located on the south side of Parr Road and east of Centennial Park,
further described on Marion County Tax Assessor Maps as Township 5 South, Range 2
West, Section 13, Tax Lot 500. It is addressed at 440 Parr Rd.
SITE PLAN REVIEW 01-07: Nellie Muir Elementary
NATURE OF APPLICATION: The applicant proposed to locate an additional modular
classroom on the Nellie Muir Elementary site. It is to be on the west side main building
next to the existing modular classrooms. The new modular is necessary to
accommodate growth in student population in the Woodburn School District.
RELEVANT FACTS: The modular consists of two classroom spaces. It is to be
identical in design as the existing modulars on the site and is proposed to consist of
landscaping surrounding the structure. There is a residential neighborhood to the west
2
14B
of where the modular is proposed to be located (Senior Estates No. 7). The only
separation between this location and the neighborhood is a large field and a chain-link
fence along the school property line.
The property is zoned Public Education (PE) District and is designated on the
Comprehensive Plan Map as Public Use. School facilities are permitted outright in this
district.
The property is located on the south side of West Hayes Street and east of South
Cascade Drive, further described on Marion County Tax Assessor Maps as Township 5
South, Range 2 West, Section 12DD, Tax Lot 6300. It is addressed at 1800 W. Hayes
Street.
SITE PLAN REVIEW 01-08: Washington Elementary
NATURE OF APPLICATION: The applicant proposed to locate an additional modular
classroom on the Washington Elementary site. It is to be on the northeast side of the
main building next to an existing modular classroom. The new modular is necessary to
accommodate growth in student population in the Woodburn School District.
RELEVANT FACTS: The modular consists of two classroom spaces. It is to be
identical in design as the existing modulars on the site and is proposed to consist of
landscaping surrounding the structure. The property is surrounded by residential
neighborhoods consisting of single-family and multiple-family uses.
The majority of the property is zoned Public Education (PE) District. The northeast
portion abutting Hardcastle Avenue is zoned Multi-Family Residential (RM) District. The
proposed modular is to be located on the portion of the property zoned PE. The
property as a whole is designated Public Use on the Comprehensive Plan Map. School
facilities are permitted outright in this district.
The property is located on the north side of Lincoln Street and east of Gatch Street,
further described on Marion County Tax Assessor Maps as Township 5 South, Range 1
West, Section 8CC, Tax Lot 4800 and Township 5 South, Range 1 West, Section 18AA,
Tax Lot 100. It is addressed at 777 E. Lincoln Street.
3
04-24-01 03:]ZPM FR01YI-STOEL RIVES %439 P.02/02 F-?50
STOEL RIVES
ATTORNEYS
April 24, 2001
'b REC'D 'A'
APR ~ 4 ZOO1
WOODB U R N GOMMOb/iTY
DEVE [.O PM~-~IT ~
VIA FACSIMILE
Mr. James P. Mulder, Acting Director
of Community Development
City of Woodbum Community
Development Department
270 Montgomery Street
Woodbum, OR 97071
Re: City In/flared Annexations
Dear Mr. Mulder:
Tl'fis office represents the owner of the .9 acre annexation on St:wy Allison Way and
West Hayes Street. Please place Ns letter in the official Planning Department file for this
annexation application anti before the Woodbum City Council at its public hearing.
I am writing to confirm thai staff has recommended City Council approval of the
proposed annexations, including this property. My understanding is that staff has
recommended approval without any conditions of approval subject to the comments by the City
of Woodbum Public Works Department m its April 18, 2001 memorandum. My cliem
supports the proposed annexanon based on the status of the record as of today.
I am also writing to corfftrm tha~ it appears that tt~ City Council will take testimony
and continue ~c public hearing unul May 14, 2001. Should that change, plea.~ let me lmow.
Thaok you for your courtesy and assistance.
Very truly yours,
Michael C. Robinson
MCR:ids
cc: Client
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in the matter of ANNEX 00-01 AND ZC 00-01
The nature of the application is to annex approximately 1 acre of commercial property from
Marion County into the City located at 770 N. Pacific Hwy and change the zone from Marion
County Commercial Retail to City of Woodburn Commercial Retail District.
The applicant is Tony Miller
The law requires the City to list all substantive criteria relevant to each hearing. The
applicable substantive criteria are listed in the notice of public hearing and are as
follows:
A. OREGON STATEWIDE PLANNING GOALS
B. WOODBURN COMPREHENSIVE PLAN
C. WOODBURN ZONING ORDINANCE, CHAPTERS 15 & 16
D. WOODBURN TRANSPORTATION SYSTEMS PLAN
The full text of all listed criteria is printed in the staff report which has been distributed
prior to this hearing and is also available now for inspection by any interested persons.
2. All testimony and evidence must be directed toward these criteria or other criteria in
the plan or land use regulation which the person testifying believes apply to the decision.
Please relate your testimony to the listed criteria.
3. The failure to raise an issue accompanied by statements or evidence sufficient to
afford the City Council, and the parties, an opportunity to respond to the issue, precludes
appeal to the Land Use Board of Appeals based on that issue.
4. The failure of the applicant to raise constitutional or other issues relating to proposed
conditions of approval with sufficient specificity to allow this Council to respond to the issue
precludes an action for damages in circuit court.
5. Any applicant may request, before the conclusion of the initial evidentiary hearing, an
opportunity to present additional evidence or testimony. The City Council shall grant the
request by either:
(a) continuing the public hearing to a specific date and time at least seven days
from the date of the initial evidentiary hearing, or
(b) leaving the record open for at least seven days for additional written
evidence or testimony.
If the hearing is continued and new written evidence is submitted at the continued hearing,
any person may request, prior to the conclusion of the continued hearing, that the record be
left open for at least seven days to submit additional written evidence or testimony to respond
to the new written evidence. If the record is left open rather than continuing the hearing, any
participant may file a written request to reopen the record to respond to new evidence
submitted while the record was left open, and the City Council shall grant that request. The
applicant is allowed at least seven days after the record is closed to all other parties, to
submit final written arguments, but not new evidence, in support of the application.
6. If additional documents or evidence are provided by any party, the City Council may
allow any party to the hearing a continuance of the hearing, or leave the record open, to allow
the party a reasonable opportunity to respond.
7. Everyone addressing the City Council is requested to come forward, use the
microphone, and begin by giving your full name and address. We wish to hear from
everyone who is interested in the proposal. We will not proceed with the staff report.