Agenda - 06/11/2001e
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WOODBURN CITY COUNCIL
2?O Montgome~y $l~eet ~ ~ V~oodburn, Ore. on
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
COMMUNICATIONS
A. Letter of resignation from Councilor Kilmurray .....................
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A.
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Public Hearing: June 25, 2001 - 7:00 p.m. Appeal of the Safeway
Shopping Center Approval.
Special City Council Meeting - June 18, 2001 - 7:00 p.m. - Presentation of the
Economic Development Study.
Appointments:
C. Appointment of Peter McCallum to City Council Ward III,
term expiring December 2002.
PRESENTATIONS/PROCLAMATIONS
Presentations:
A. Boy Scout Troop 691 presentation.
Proclamations:
COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
A. City Council minutes of May 1, 2001 workshop, May 7, 2001 special
meeting, and Mayl4, 2001 regular and executive meetings ............. 8A
Recommended action: Approve the City Council minutes of May 1, 2001
workshop, May 7, 2001 special meeting and May 14, 2001 regular and
executive meetings.
B. Planning Commission minutes of May 10, 2001 ...................... 8B
Recommended action: Approve the Planning Commission minutes of
May 10, 2001.
Page 1 - Agenda, Woodburn City Council, June 11,2001.
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Draft Library Board minutes of May 9, 2001 ........................ 8C
Recommended action: Accept the draft Library Board minutes of May 9, 2001.
Draft World Berry Center Museum Committee minutes of May 14, 2001
Recommended action: Accept the draft World Berry Center Museum
minutes of May 14, 2001.
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Draft Livability Task Force Committee minutes of May 10, 2001 ....... 8E
Recommended action: Accept the draft Livability Task Force Committee
minutes of May 10, 2001.
Staff Report on Audit of PGE Franchise Fee Remittances ............. 8F
Recommended action: Receive staff report on audit of PGE
Franchise Fee Remittances.
Police Activity Report for April 2001 .............................. 8G
Recommended action: Receive Police Activity Report for April 2001.
Library Monthly Reports for March and April 2001 ................. 8H
Recommended action: Receive Library Monthly Reports for March and
April 2001.
Building Activity Report for May 2001 .............................. 8I
Recommended action: Receive Building Activity Report for May 2001.
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Planning Project Tracking Sheet dated June 7, 2001 ................... 8J
Recommended action: Receive Planning Tracking sheet dated June 7, 2001.
I-5 Sign Bridge Update .......................................... 8K
Recommended action: Receive 1-5 Sign Bridge Update.
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Hardcastle Avenue Railroad Crossing Update ....................... 8L
Recommended action: Receive Hardcastle Ave. Railroad Crossing Updat~
TABLED BUSINESS
PUBLIC HEARINGS
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City of Woodburn Budget for Fiscal Year 2001-02 .................. 10A
Recommended action: Conduct public hearing, receive public comment
and instruct staff to prepare an ordinance reflecting Council's decision.
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Annexation of a 1.5 acres site at 220 S. Pacific Highway (Carcraft)
and a zone change from Marion County Commercial General to
City of Woodburn Commercial General District .................... 10B
Recommended action: Conduct public hearing, receive public comment
and instruct staff to prepare an ordinance reflecting Council's decision.
Page 2 - Agenda, Woodbum City Council, June 11,2001.
11. GENERAL BUSINESS
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Basketball Hoop located at 1415 Alexandra Court ..................
Recommended action: (1) Take no action on the request to ratify and
affirm the continued use of the subject basketball hoop; (2) Determine
Council policy regarding encroachment of permanent structures in the
City right-of-way; and (3) if appropriate, direct staff to develop procedures
and criteria for licensing the encroachment of permanent structures in
the rights-of-way.
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Council Bill No. 2315 - Ordinance annexing a .98 acre site located on
Highway 99E between Lincoln Rd. and Aztec Dr. into the City of
Woodburn, and authorizing a zone change from Marion County
Commercial Retail to City of Woodburn Commercial Retail,
and attaching certain conditions.(Friendly GMC) ...................
Recommended action: Adopt the ordinanc~
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Council Bill No. 2316 - Ordinance annexing certain island properties .. llC
Recommended action: Adopt the ordinance.
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Council Bill No. 2317 - Ordinance amending the Transient Occupancy
Tax Ordinance to dedicate a certain percentage of the transient
occupancy tax to tourism and economic development and to raise the
amount of said tax .............................................
Recommended action: Adopt the ordinance.
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Council Bill No. 2318 - Ordinance granting a telecommunications
franchise to Data Vision Communications, a division of Gervais
Telephone to occupy certain rights-of-way within the City of Woodburn llE
Recommended action: Adopt the ordinance.
Council Bill No. 2319 - Resolution entering into an intergovernmental
agreement with Marion County for striping of paved roads for 2001
and authorizing the City Administrator to renew any future Marion
County intergovernmental agreements for the striping of roads ....... llF
Recommended action: Adopt the resolution.
Council Bill No. 2320 - Revised resolution authorizing the City of Woodburn
to apply for a Local Government Grant from Oregon Parks &
Recreation for the Skate Park ................................... llG
Recommended action: Adopt the resolution.
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Council Bill No. 2321 - Resolution authorizing the City Administrator to
sign applications and commit City resources on behalf of the City for
operational and capital grants submitted to the Public Transit Division
of the Oregon Department of Transportation ....................... llH
Recommended action: Adopt the resolution.
Council Bill No. 2322 - Resolution entering into an Addendum to an
Agreement with Suzanne Crane Engineering, Inc. and authorizing
the Mayor to sign said addendum ................................. llI
Recommended action: Adopt the resolution.
Page 3 - Agenda, Woodburn City Council, June 11,2001.
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Council Bill No. 2323 - Resolution certifying the eligibility of the City of
Woodburn to receive state-shared revenues during FY 2001-02 ........ 11J
Recommended action: Adopt the resolution.
Council Bill No. 2324 - Resolution entering into a site lease agreement
for space on the city water towers with Cricket Oregon Property
Company and authorizing the Mayor to sign said agreement .......... 11K
Recommended action: Adopt the resolution.
Acceptance of Bancroft Bond applications ......................... llL
Recommended action: By motion, accept the Bancroft Bond application signed
by Konstantin and Maria Verbin.
Contract award for West Lincoln Water Main Replacement .......... 11M
Recommended action: Award the contract for West Lincoln Water Main
Replacement to the lowest responsible bidder, 4 Rivers Construction, LLC
in the amount of $17,622.00.
Street Closure Request - First & Hayes Street ...................... liN
Recommended action: Approve closure of First Street between Hayes
and Garfield and Hayes Street between Front and First Streets on
Saturday, July 16, 2001from 7:00 tam. to 4:00p. m..
Street Closure Request - Independence Avenue ..................... 110
Recommended action: Approve street closure of Independence Avenue
between Colony and Patriot Avenue on Saturday, July 21, 2001 from
10:00 am to 6:00pm with a rain date of August 4, 2001from 10:00.
Street Closure Request - Alexandra Court .........................
Recommended action: Approve street closure of Alexandra Court on
July 4, 2001from 10:00 am to ll:OOpm.
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Request for sound amplification permit - Apostolic Assembly of the
Faith in Christ Jesus ........................................... llQ
Recommended action: Approve sound amplification permit for the
Apostolic Assembly of the Faith in Christ Jesus for Saturday,
July 14, 2001 and Saturday, ~4ugust 11, 2001from 12:00 - 4:00pm
in Woodburn Library Park.
Request for sound amplification permit, street closure, waiver on
insurance requirement and extension of City liability insurance
coverage for Drums of Fire .................................... l lR
Recommended action: Approve the following request for Drums of Fire on
July 2, 2001 (1) sound amplification permit at Legion Park from 7:00pm to
10:30pm, (2) closure of Park Avenue from Alexandra to James Street from
4:o0 pm to ll:OO pm, (3) waiver of the insurance requirements as provided for
in the Recreation and Parks Special Event Park User Permit (Section 15-
Insurance), and (4) extend City liability insurance coverage for this event.
Page 4 - Agenda, Woodburn City Council, June 11, 2001.
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Grant Award - Juvenile Accountability Incentive Block Grant
Program .....................................................
Recommended action: Approve receipt and allocation of the Juvenile
Accountability Incentive Block Grant funds for Woodburn Peer Court.
T. Skate Park Design Consultant ................................... liT
Recommended action: Authorize staff to draft a contract with Purkiss
Rose - RSI for preparation of: Conceptual design (not to exceed $7,750),
construction documents (not to exceed $9,000), and construction admin-
istration (not to exceed $4,500).
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PUBLIC COMMENT
NEW BUSINESS
PLANNING COMMISSION ACTIONS - These are Planning Commission actions
that may be called up by the City Council.
Site Plan Review 01-03, Variance 01-03 and Variance 01-05; Evergreen
Retirement Community to be located south of W. Hayes Street,
north of Evergreen Road and east of Harvard Drive ................. 14A
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
To consider records that are exempt by law from public inspection pursuant
to ORS 182.660(1)(0
To consult with counsel concerning the legal rights and duties of a public
body with regard to current litigation or Htigation likely to be filed.
ADJOURNMENT
Page 5 - Agenda, Woodburn City Council, June 11, 2001.
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June 5, 2001
Mayor Jennings
City Of Woodburn
270 Momgomery Street
Woodburm OR 97071
Dear Mayor Jennings:
This letter is to inform you that I have moved my primary address fi.om 1145 Orchard
Lane, Woodbum, to 2536 Roanoke, Woodburn. Unfortunately my new primary
residence is outside of the ward that I was elected to serve as City Councilor. Because of
the change in my residency, I must resign my position as City Councilor.
I am grateful that I had the opportunity to serve as City Councilor for the city of
Woodburn. The past 2 ½ years that I have served as councilor has been a wonderful
learning experience and very rewarding. My only regret is that I will not be able to fulfill
the obligation of my term.
I want to thank the Mayor, fellow Councilors, City Staff, the citizens of Woodbum who
have supported me and most of all, the citizens in my ward that elected me to the
position.
Sincerely,
Pam Kilmurray
COUNCIL WORKSHOP MINUTES
MAY 1, 2001
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DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 1, 2001.
CONVENED. The Economic Opportunities Analysis workshop convened at 7:15 pm
with Mayor Jennings presiding.
ROLLCALL.
Mayor Jennings Present
Councilor Bjelland Present (7:55 pm)
Councilor Chadwick Present
Councilor Figley Absent
Councilor Kilmurray Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, Public Works Director Tiwari, Community
Development Director Mulder, Senior Planner Zwerdling, City Recorder Tennant
Consultants: Terry Moore, ECO Northwest; Greg Winterowd, Winterowd Planning
Services
0050 ECONOMIC DEVELOPMENT STUDY/OPPORTUNITIES ANALYSIS.
Administrator Brown stated that an issue was raised during the buildable lands inventory
as to how much industrial land the City wanted versus how much could be justified to
Dept. of Land Conservation & Development (DLCD). Another issue with DLCD related
to minimum housing lot sizes since the City was interested in bettering the future of our
community by providing a mix of housing including more expensive housing. As a result
of the various issues brought forth, the City was awarded some funds from the State of
Oregon to do an analysis and the City contracted with ECO Northwest to prepare the
Economic Opportunities Analysis. He stated that this study is. an attempt to determine the
City's position in the region as a potential site to attract the right kind of industry that
provides a higher paying wage than City residents currently have, interested in how much
land and infrastructure the industry needs, social and cultural amenities, and steps
necessary to get that set of conditions in place. This workshop focuses on reviewing the
first half of the report with the intent of giving the Council an opportunity to digest the
information during the week so that policy choices can be considered at the May 7th
Special meeting.
Terry Moore, ECO Northwest, stated that this project focuses on updating the economic
portion of the City's Comprehensive Plan (Goal 9). The scope of work is in two phases -
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COUNCIL WORKSHOP MINUTES
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first phase is evaluation of local economic conditions, and the second phase is putting
together economic strategies to achieve the City's economic vision. He stressed that what
the City does in making choices about jobs and other economic issues will have an
impact on land use and transportation. He stated that Goal 9 requires an estimate of how
much land supply the City has in the long term, followed by an analysis of economic
opportunities and types of constraints for the purpose of developing a list of targeted
industries, then work towards an economic development strategy. He reviewed various
sources of information used to evaluate the local economic conditions including local
and regional employment trends from 1990-1999, opportunities and constraints for the
City such as availability of buildable lands, suitable sites for certain industries, labor
force, transportation, and public facilities. In preparing the list of targeted industries, a
review of selected established criteria was utilized and are listed in the report.
Additionally, other required State Goals pertinent in trying to address Goal 9 are as
follows: Goal 10 (Housing), Goal 11 (Public Facilities), Goal 12 (Transportation), and
Goal 14 (Urbanization). He stated that if the Council would like certain target industries
that have higher paying jobs and different type of employment, those industries need
larger sites than what Woodbum has to offer at this time along with good transportation
access inside its Urban Growth Boundary (UGB). He reviewed the following findings:
1) City has had a large population growth in the 1990's (4.1% average annually whereas
the Oregon growth rate was only 1.9%);
2) Employment growth was also greater than statistics show for Oregon, North Mid-
Willamette Valley, and Marion County;
3) City has a location advantages by being located close to Salem and Portland, and
located along I-5; and
4) City has a surplus of low density residential land and a major deficit of industrial land.
In regards to vacant land, there is a lot of land that may look vacant on a map, however,
there is a large amount of open areas used for parks and schools within the City.
It was noted that the vacant industrial land is scattered with most of the land in the
northeast quadrant which is away from the I-5 interchange area. Mr. Moore stated that a
large number of citizens travel to the metro area for their employment with a smaller
number commuting to the Salern/Keizer area. In terms of housing needs, a computer
model showed, over the next 20 years, a need for another 2300 units of which 2/3 would
be owner-occupied and 1/3 renter-occupied.
In regards to transportation, Kittleson Assoc. has been providing information for this
report since they have done some recent transportation work for the City. Their
assessment is that (1) there is no substantial capacity for new growth unless something
happens with the 1-5 interchange and Highway 214. Currently, the 1-5 interchange does
not meet the ODOT mobility standards, and Highway 214 has intersections operating at a
very poor capacity. He reviewed proposed transportation improvements that need to
occur to change the current economic conditions: 1) improvements to the 1-5 interchange,
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2) widening of Highway 214, 3) improved access on Highway 99E, 4) development of the
south side arterial roadway, and 5) improved public transportation services. He reminded
the Council that everything hinges on an improvement to the I-5 interchange area in order
to provide sufficient capacity. In regards to site needs, he briefly reviewed the four types
of site needs: 1) large lot industrial site to accommodate fabrication or electronic plants;
2) campus research and development which requires approximately 40 acres; 3) small
light industrial which could be individual sites or smaller campus site; and 4) speculative
sites within a mixed use developments. He reiterated that these were the types of sites
that the targeted industries would be interested in developing. Even though the City has
infrastructure capacity and flat land, the problems facing the City are transportation and
potential UGB. He reminded the Council that economic development becomes more
tangible when land development is considered, therefore, he presented some changes in
land use as a way to visualize the requirements and results of economic future. He
explained the three alternatives that could be accepted by the Council: 1) Implement the
existing plan, 2) a more compact form of growth, and 3) expansion of the UGB. Of the
alternatives provided, the expansion of the Urban Growth Boundary would have the
biggest impact on economic development. In the opinions of ECO Northwest and
Kittleson Assoc., the development of a north side or south side arterial would be
preferable if a UGB expansion is pursued.
In order to finalize the study, it is necessary for the Council to give them policy direction
on what alternative is preferable.
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Mayor Jennings expressed his opinion that citizens in the community should have the
privilege to determine what the City should look like in the future. He realizes that there
are land use laws but whenever the City tries to square up the urban growth boundary, the
City meets with resistance at the State level. He stated that he is a proponent for
expansion of the UGB.
Greg Winterrowd stated that there are many roadblocks ahead of the City if they elect to
expand the UGB since there is a current transportation problem and the City is
surrounded by agricultural land. Expansion of the UGB is now more involved than in the
past and financial plans need to be in placed, housing needs analyzed, transportation plan
updated, public infrastructure in place for capacity, and vacant land analyzed to
accommodate all of the future zoning needs. The City will need to exhaustively examine
all of those alternatives since the State policy says that cities are to stay off of large-sized
high value farm land and the class of soil does not make any difference. As a result, the
City will need to build their case from the ground up and look at all requirements within
the statewide planning goals to justify the need to expand the UGB. He reviewed each
one of the statewide planning goals to provide additional information as to what the City
will need to do in order to submit a complete plan to LCDC. He reiterated that it will be
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at least a 2-year process and it will be a major commitment of resources and public
involvement.
Discussion was held regarding the need to develop another arterial roadway in order to
provide transportation access to industrial land.
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Tape 2
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Councilor Nichols expressed his opinion that the City needs to pursue development of a
transportation loop around the City and the City should pursue a UGB expansion and
provide for industrial growth in the West Woodburn area.
Councilor Kilmurray felt that the UGB seems to be the way to go, however, she is not
sure as to what the best approach is for the City. Even though expansion in the freeway is
desirable, there is still some land in the vicinity of Highway 99E zoned industrial and she
is unclear as to why it is not considered as a good arterial.
Councilor Bjelland expressed his opinion that there are a number of issues to address and
complete before a successful UGB expansion is granted. These issues include a new
transportation system plan which recognizes what the City wants to see as the UGB,
location of industry, and provide adequate access for those facilities locating on those
expanded areas. He also stated that he is a proponent of a north/south arterial and this is a
critical issue to any UGB expansion. He agreed that the City needs to have all of the
issues thoroughly analyzed at various city and state levels so that the results of the plan
are justifiable to LCDC.
Terry Moore stated that the next step is to prepare an economic development plan which
will include a set of strategies which is based on the Council's direction. A set of policies
would be developed as part of the strategy so that they can move forward with the
alternative that they select.
Councilor Bjelland felt that the City has some very definite policy decisions to make that
are even beyond the decision of whether or not the UGB should be expanded.
Administrator Brown stated that if the Council is looking at targeting a livable wage at
$35,000, then the City will need to attract a larger industry which then requires expansion
of the UGB in order to provide the industrial land to bring the industry into our
community.
Councilor Sifuentez stated that she is in favor of pursuing an expansion of the UGB for
the future even though a lot of policy work needs to be completed. She also supported
the need to look for a targeted industry which will bring up the average annual household
wage within our community.
Councilor Chadwick expressed her opinion that the City should work towards the
expansion of the UGB in order to meet future needs.
Terry Moore summarized the next phase of this study which involves 1) outlining various
probabilities and timing if certain actions are taken by the Council; and 2) drafting a set
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of policies consistent with the economic development strategy to address jobs within the
City and size of land to accommodate the target industry. He stated that the purpose of
this workshop is to give the Councilors a little time to digest the materials presented so
that the following week they can further discuss this issue and provide some policy
direction in order to complete this phase of the report.
Councilor Bjelland stated that it is necessary for the Council to know what is achievable
and what is feasible in order to decide which direction to move toward in the future.
Mr. Moore expressed his opinion that, after reviewing the documentation gathered,
Woodburn would be able to find target industries provided that adequate policies and
improvements are made to accommodate those industries.
The meeting concluded at 9:15 pm.
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 5 - Council Meeting Minutes, May 1,2001
SPECIAL COUNCIL MEETING MINUTES
MAY 7, 2001
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 7, 2001.
CONVENED. The meeting convened in special session at 7:00 p.m. with Mayor
Jennings presiding.
0020 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Absent
Councilor Figley Present
Councilor Kilmurray Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Mulder, Public Works Manager Rohman,
City Recorder Tennant
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Mayor Jennings stated that Councilor Chadwick was not in attendance at this meeting
since she had back surgery last week.
He also stated that agenda items for this meeting are as follows: (1) hold a public hearing
regarding Woodburn Company Stores Phases 2 and 3, and (2) the Woodbum Economics
Opportunities Analysis and Land Suitability Study.
0133 PUBLIC HEARING: SUPPLEMENTAL REVIEW OF ANNEXATION g98-03,
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COMPREHENSIVE PLAN MAP AMENDMENT #98-02, AND ZONING MAP
AMENDMENT g98-04 (Woodburn Company Stores Phases 2 and 3).
Mayor Jennings declared the public hearing open at 7:05 p.m..
Community Development Director Mulder stated that this issue was remanded back to
the Council for supplemental review of several transportation related issues by the Land
Use Board of Appeals (Final Opinion and Order g99-135).
Director Mulder also entered into the record a letter received on May 7, 2001 from
Michael Robinson, Attorney for Craig Realty Group, which was distributed to the
Council for their review.
Director Mulder stated that the appellants in this LUBA case were ODOT (Oregon Dept.
of Transportation) and DLCD (Dept. of Land Conservation & Development). The
applicant had their traffic engineers, Kittleson & Assoc., prepare supplemental findings to
address the traffic issue of whether or not the I-5 interchange has sufficient capacity to
accommodate proposed traffic that would be generated by Phases 2 and 3. Another issue
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that had to be revisited is whether or not the City's Transportation System Plan (TSP)
provides for planned improvements that would provide sufficient capacity for the traffic
generated by those improvements. He stated that the City's TSP does have 4 interchange
alternatives and any one of those alternatives would provide sufficient capacity to
accommodate the additional traffic. This public hearing was originally scheduled for
April 9, 2001, however, due to a lack of quorum the meeting was canceled. ODOT had
prepared a letter for that meeting to provide written comments for the record and the
applicant had also submitted a letter in response to ODOT's letter. He stated that both
letters are included in the agenda packet as part of the record. It was noted that this
public hearing had been re-publicized for this meeting with the focus of the hearing to be
narrow as far as addressing only specific issues that were raised by LUBA..
Director Mulder stated that, prior to this meeting, City staff, the applicant, and ODOT
have met in several different sessions to work out some of the outstanding issues. The
result is a condition of approval being recommended by staff which has the concurrence
of ODOT and the applicant addressing ODOT's issues. He stated that the condition of
approval is quite lengthy and is included in the packet, however, in summary, the
applicant will pay for their proportional share of a portion of the future I-5 interchange
improvements. If the Council agrees with the staff recommendation, a Council motion
would be necessary to direct staff to prepare an ordinance with findings and conclusions
in support of their decision.
Mayor Jennings stated that the letter from the applicant indicates that all of the
differences of opinions have been worked out by ODOT, the City, and the applicant and it
is the staff's recommendation to proceed with approval of the proposed expansion.
Councilor Bjelland questioned if DLCD is still a party to any action at this time with
regard to the land use actions.
Director Mulder stated that it is his understanding that they have allowed ODOT to take
over on this issue since the issues raised by the DLCD resulted in the City's decision
being affirmed.
Councilor Bjelland also questioned if the transportation impact analysis being used at this
time is for Phase 2 and 3 total square footage of 252,000 or 153,585, and whether or not
ODOT is using the same square footage figure in their calculations to determine the
proportional cost share.
Michael Robinson, attorney for Craig Realty Group, stated that the square footage being
used in the traffic impact analysis is 62,395 for Phase 2 and 91,190 for Phase 3, and these
numbers were used by all parties to calculate costs to the developer. He also stated that
Kittleson & Assoc. had completed another survey last July and, as a result, found that
they still have some trip generation available from Phase I since the traffic numbers are
not as large as originally planned. He stated that the applicant did prevail at LUBA on the
housing issues brought forth by DLCD which is why DLCD is letting ODOT take the
lead role at this time. He urged the Council to accept the staff recommendation and direct
- Special Council Meeting Minutes, May 7, 2001
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MAY 7, 2001
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staff to proceed with findings in support of the application.
Steve Craig, Craig Realty Group, Inc., stated that Phase I provided for a development size
of 252,000 square feet, however, the final building size for Phase I was approximately
235,000 square feet. He also stated that they will soon be bringing in the plans for Phase
2 and there may be a need to increase the square footage slightly upward from the original
projection in order to meet the needs of their tenants, however, the total of the two phases
will stay within 153,585 square foot as outlined in the Traffic Impact Analysis.
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Dan Frickey, ODOT Sr. Transportation Planner, stated that ODOT concurs with the
Director Mulder's presentation and with Michael Robinson's report. He stated that
ODOT endorses the staff recommendation as outlined in the conditions of approval.
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No one in the audience spoke in opposition to the issues before the Council.
Mayor Jennings declared the public hearing closed at 7:25 p.m..
The Mayor thanked the developer for his cooperation and efforts throughout this lengthy
process.
Councilor Figley also stated that she was pleased to see that the traffic impact was lower
than originally projected and felt comfortable with the traffic numbers outlined in the
Kittleson & Assoc. Trip Generation Report.
FIGLEY/KILMURRAY... application does have significant effect on Woodbum I-5
interchange, that the condition of approval which is located on pages 3 and 4 of Jim
Mulder's memo dated May 7, 2001 be added as condition of approval, and that staff be
directed to prepare an ordinance for the May 14, 2001 meeting that would substantiate
that decision. The motion passed unanimously.
Mayor Jennings also thanked Dan Frickey and ODOT for their willingness to work with
all parties in resolving this issue.
Mayor Jennings called for a recess at 7:29 p.m. and reconvened the meeting at 7:38 p.m..
WOODBURN ECONOMIC OPPORTUNITIES ANALYSIS AND LAND
SUITABILITY STUDY.
Administrator stated that issue is a continuation of the information provided at the
Council workshop on May 1 st. The first half of the study is the Economic Opportunities
Analysis which is required by the state Periodic Review process to look at the economic
factors in the City and to determine our economic position within the region, and
determine strengths, weaknesses, and actions that can be taken to provide a strong
economic base into the 20-year planning future. The City recognizes that there is limited
industrial zoned area within the City and the study does identify corporations, industries,
manufacturers who would make use of the limited land that is or would be made
available. The concept of the industries was borne out of the buildable lands survey that
was developed by the Growth Management Committee. He stated that the Committee
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was also looking for industries that would raise the standard of living to raise the average
household income and to provide a salary level for people who could then afford a
broader variety of housing types. State law requires that the City provide all housing
types, and the City would like to justify some of the higher end housing that is in short
supply within the community. For this study, the City sent several Request for Proposals
to consultants who had experience with Oregon land use planning and subsequently
began working with ECO Northwest on the scope of work to insure that the City received
the type of results that the City desired rather than going through the steps that the state
planning process requires. He stated that the staff has throughly reviewed this report and
are satisfied up to this point with the work that has been presented to the Council. He
reviewed the following policy choices that would focus on the type of economic futures
which are tied to land use and transportation: 1) City continue as is; 2) pursue a compact
"smart growth" which is a Dept. of Land Conservation & Development (DLCD)
approach; and 3) look at taking steps to expand the Urban Growth Boundary to attract the
kinds of industries that pay the highest wages that the committee is looking for. If the
expansion of the Urban Growth Boundary is desired, it will require more effort and
detailed work by staff and consultants to prove the case before the State.
Terry Moore, ECO Northwest, stated that the project has 2 phases with the 1st phase being
the evaluation of the local economic conditions as outlined in the report and the 2nd phase,
which is the next step of the project, relates to economic vision. He stated that the
population growth rate since 1990 has been 4.1% which is greater than any other city or
county in the State of Oregon. Population growth projected by the State indicate that
Woodburn will grow by another 6,000 people over the next 20 years which is a similar
amount of growth the City experienced over the last 10 years, and employment is
projected to grow by another 2,200 employees. The ratio of jobs per household in the
City is about 1 and, with the projected population growth, the ratio will decrease slightly.
Conclusions reached by the consultants are as follows:
1) City's location make it a candidate for targeted industries that would pay higher wages.
Those industries have various site requirements which include flexible circulation and
building layout in the fringes of a metropolitan area. These targeted industries have site
requirements that are either in a campus situation with a minimum of 5 acres and a more
desirable 15-20 acres, or a larger industry with a parcel in the 20, 40, or 80 acre site.
Currently, the City does not have that size of a parcel available.
2) Buildable Lands report shows a 332 acre deficit of industrial land in order to
accommodate potential economic growth. Presently, them is no vacant industrial tax lots
that are over 15 acres and there are no aggregate of tax lots that exceed an area of 35
acres.
3) Transportation improvements are necessary to obtain access to 1-5 and them is a need
to increase capacity. Since ODOT will not be considering a second interchange within
the next 20 years, there is a need to look at other alternatives to make the existing
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interchange work better. Improvements to I-5 interchange will need to match with
improvements to Highway 214 to make it work with the interchange.
He reiterated that this Economic Study is intertwined with land use planning, however, it
is meant to show concepts that illustrate what it would be like if certain economic
development strategies were pursued. The changes in land use are a way to visualize the
requirements for, and results of, different economic futures.
Mr. Moore then reviewed alternatives for the Council to consider.
1) In regards to existing land use policies, he stated that continuing the same policies will
result in an increase in housing density rather than increasing the amount of available
industrial land for targeted industries.
2) The Buildable Lands Study alternative will look at re-zoning vacant land from
residential to commercial and industrial use. This alternative will allow more
employment to come into the City, however, this alternative may still not provide the
parcel size needed to bring in the higher end industrial jobs that may be desired.
3) The Urban Expansion alternative would expand the City's Urban Growth Boundary.
This alternative would require significant policy work and, on the transportation side, it
develops a north or south side arterial to relieve pressure on the Highway 214/I-5
interchange area. It also provides for more suitable sites for some of the targeted
industries, and allows for the employment increase, the potential for higher paying jobs,
consistent with keeping the number of jobs balanced with the number of housing, and it
may increase the need for higher-end housing as opposed to higher density housing. In
this alternative, expansion would involve area following Butteville Rd. crossing on the
south side or Crosby Rd. on the north side to let those areas become more of an arterial
roadway. Hopefully, that would open up industrial land that would have fairly good
access to I-5 interchange coming from the west side.
In summary, he stated that the City needs to consider their economic vision given its
possible implications for land use and policies, and then direct the preparation an
Economic Development Strategy consistent with their vision. This strategy would
include general policies and steps to be taken toward implementation. It is anticipated
that the Economic Development Strategy report would be delivered to the Council in
June 2001.
3560
Councilor Figley questioned what a non-depository institution. It was noted that non-
depository institutions are educational facilities such as schools, training facilities, and
vocational rehabilitation facilities.
Discussion was held regarding the wages for employees of targeted industries and it was
noted that average annual salary for industrial industries was over $35,000 and over
$30,000 for non-industrial industries. Based on the list of targeted industries, the site
size, type, and location were analyzed to determine the what is necessary to bring those
targeted industries into the City.
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SPECIAL COUNCIL MEETING MINUTES
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Mr. Moore stated that any expansion of the Urban Growth Boundary in order to meet the
Council's economic vision will require a multitude of steps. This process will proceed on
a step by step basis and may take up to 2 years to complete. If the Council decides to
move towards expansion of the Urban Growth Boundary, Greg Winterowd would be
available to assist in this process.
Councilor Bjelland stated that there are a number of issues that need to be faced and it
will involve significant trade-offs. In regards to the year 2020 population, he expressed
his opinion that this figure is understated even though it will need to be used for this
planning cycle. Additionally, there is a need to have a jobs/housing balance to
accommodate employment opportunities and to have the type of jobs to support the
community. He reminded the Council that transportation is another issue when more
employment opportunities are created within the City. He suggested that guiding
principles to follow in making a decision include making Woodburn a livable place,
attractive to its citizens, and to achieve and encourage higher levels of employment
opportunities to support a higher standard for people living in Woodburn. A need exists
for some sort of boundary roads so that it does not focus all of the traffic on Highway 214
traveling east/west. In order to accomplish this, there is a need to utilize land that
is currently outside of the existing Urban Growth Boundary. He also felt that it is
important that the City attempt to develop an economic incentive program that will attract
the type of industries that will provide higher wages for our citizens.
Mayor Jennings stated that even though the Council would like to move towards being a
full-service City, it does not need to be like other cities in the metro area. Woodbum can
still be a unique City and yet move toward livability and economic improvements.
Councilor Bjelland stated that he is a member of the Marion County Urban Growth
Management Steering Committee and they had sponsored workshops in North and South
Marion County on growth issues. Almost all of the communities surrounding our area
want to funnel growth into Woodburn and he would prefer looking at a growth increase
higher than what is being projected by the County.
Discussion was held on the population growth projection being used in the various long
range studies the City is in the process developing.
Mr. Moore stated that the County is required, by law, to coordinate population forecasts
of communities within the County through a process which involves both technical and
political give and take. The results of this process for Woodburn is the population
forecast being used in this report. Based on growth over the last 10 years, it is a relatively
low forecast unless the City were thinking that it did not have the public facilities or land
to slow down the growth.
Councilor Bjelland stated that the City did have input into this process, however, the
population figures being considered at that time were about 3,000 less than the final tally
from the Census Bureau.
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5702
Tape 2
0365
Administrator Brown stated that the City did hold workshops in late 1997 to try and get
information from citizens to see how large the City should be. At that time, the
population figure was approximately 28,000 which is slightly larger than the coordinated
number. The Buildable Lands committee looked at the two numbers and decided that
26,290 was an acceptable number. Since then, the Census Bureau population'number has
been finalized at slightly over 20,000 which makes the 28,000 a more realistic number.
After he started work for the City during the latter part of 1998, he was asked to begin
working on annexation policies so that it would make it more difficult to enter into the
City and give the Council more discretion to justify a good annexation. Staff has been
working on a new development code that would provide for quality development. The
one limiting factor on growth is the transportation corridor. Based on the census data, the
City has a number of citizens making single digit annual income and he suggested that the
City take steps to accommodate a higher wage and standard of living for all of our
residents.
Mayor Jennings questioned if the staff was able to move forward with the Council on a
Urban Growth Boundary extension.
Administrator Brown stated that staff is willing to work that direction but there will be a
need for more resources to accomplish this task. He feels that it will probably be a 3 year
process rather than 2 years and it will require the assistance of consultants to complete.
Even though it is a good investment in the City's future, it will not be easy for the staff or
Council but, assuming that is the direction the Council takes, staff will work diligently on
this project.
Councilor Bjelland stated that the City does have an over abundance of residentially
zoned property which will generate more development.
Administrator Brown reminded the Council that setting the rate and fee structures
accordingly protects the City from a high influx of growth by insuring the City is
collecting the maximum amount from developers towards infrastructure improvements.
The City continues to look at rates every couple of years, and to look at public and private
partnerships to make some improvements within the City.
Councilor Figley spoke favorably on expanding the Urban Growth Boundary in the
southwestern quadrant due to the prime location of freeway access, opportunity to
improve on existing infrastructure, and sacrifice plant soil that has the least amount of
agricultural potential. Since there will not be a second interchange, roadway
enhancements are necessary which include additional north/south and east/west arterial
streets. In regards to economics, she feels that the City needs to bring better paying jobs
into our community.
Councilor Nichols expressed his opinion that expansion of the boundary is the only way
for the City since there is a need to bring in higher paying jobs into our community.
FIGLEY/NICHOLS... Council go on record supporting Alternative #3 as presented by
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ECO Northwest and ask that they proceed with the next phase of the study.
The motion passed unanimously.
0420
Councilor Bjelland suggested that, as part of this study, the City should find out which of
the identified industries would realistically come into our area. Based on that
information, the City should focus their land use planning activities on those industries
that are most likely to be actual candidates for locating in Woodbum. This type of
information will give the City a plan of action and provide supporting documentation for
what action is taken in the future.
0577
Steve Pfeiffer, Chairman of Land Conservation & Development Commission (LCDC),
stated that Terry Moore did a good job in accurately describing the options available to
the City. Additionally, he did not understate the significance of the process of an Urban
Growth Boundary amendment. The amendment process includes identifying the
economic base, population growth, average wage, and unique geographic area. The
coordination process is to match the objectives of the communities with the size of the
boundaries and disbursement of infrastructure dollars from the State. He stated that the
system gives the City an opportunity to make their case to expand the boundary to not
only within the context of what the Council wants the community evolve into, but as it
relates to other communities in the County and surrounding area. He reiterated that
public/private partnerships are necessary to help with public infrastructure costs. He
stated that the process is designed to be flexible and accommodate the needs of the State
and of individual communities but it is not an easy test and the City will need to go
through an exhaustive undertaking in order to submit your request to LCDC.
Mr. Pfeiffer stated that the LCDC is a 7-member Commission appointed by the Governor
of which several members are current or ex-public officials. The Commission is a policy
driven group that understands vision, community leadership, and objectives, and if the
City goes through the process in the correct way, the City will get a fair decision by the
Commission. He also stated that this is a good time for the City to be in the periodic
review process since an expansion of the Urban Growth Boundary is being considered by
the Council.
Mr. Pfeiffer also stated that, as an attorney representing a client who has an interest in one
or more of the expansion sites, his purpose in attending this meeting was to listen to
Council comments on the alternatives that were presented. His legal practice is land use
and he was placed on the Commission by Governor Roberts to have a development
interest on the Commission.
1611
Terry Moore reiterated that this study is on Economic Development policies and not on
Urban Growth Boundary. The next phase of the study will focus on policies that pertain
to buildable lands, infrastructure, financing of infrastructure, and education and training
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programs. The economic development strategy will encompass a set of categories with a
general policy and possible implementation tools that can be used from which the
Council can make decisions.
1849
On another subject, Councilor Nichols stated that the blue tarp on the City's building at
347 N. Front needs to be taken care of since is not secured to the building and it is a
livability issue within our community.
Administrator Brown stated that he will take care of the problem tomorrow.
1932
ADJOURNMENT.
FIGLEY/BJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:14 p.m.
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 14, 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 Absent
Councilor Figley Present
Councilor Kilmurray Present
Councilor Nichols Present
Councilor Sifuentez Present (left at 9:39 pm)
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, Senior
Planner Zwerdling, City Recorder Tennant
0040 Mayor Jennings stated that Councilor Chadwick is recovering from surgery and was
unable to attend this meeting.
0084
ANNOUNCEMENTS.
A) Memorial Day Holiday closures:
B)
C)
D)
E)
City Hall, the Aquatic Center and the
Woodbum Public Library will be closed on Monday, May 28~h, in observance of
Memorial Day.
Public Hearing: The City Council will hold a public hearing on the proposed
annexation of property located at 220 S. Pacific Highway (Carcraft) on Monday,
June 11, 2001, 7:00 pm, in the City Hall Council Chambers.
Budget Hearing: The City Budget Committee will hold a heating on the
proposed 2001-02 City budget on Tuesday, May 15, 2001, 7:00 pm, in the City
Hall Council Chambers
Budget Hearing: The City Council will hold a public hearing on the proposed
2001-02 City budget on Monday, June 11, 2001, 7:00 pm, in the City Hall
Council Chambers.
Water Treatment Project Open House: The public is invited to attend this open
house on June 6, 2001 which will be held between 4:00 pm and 8:00 pm in the
City Hall Council Chambers.
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APPOINTMENTS - Community Center Planning Committee.
Mayor Jennings appointed the following individuals to serve on this committee:
Councilor Pamela Kilmurray, Park Board member Sharon Felix, Joan Garren, Loren
"Butch" Flomer, Flurry Stone, Carmen Ramirez, Patricia Eamons, Kevin Hendricks,
David Vancil, Preston Tack, Melissa Tittle, and Councilor Elida Sifuentez.
NICHOLS/FIGLEY... accept the Mayor's appointments to the Community Center
Planning Committee. The motion passed unanimously.
0180
PRESENTATIONS:
A) Centennial Park Tree Certificate: A donation was made by the "out-laws" of Harold
Livesay, deceased, who had been a member of the Woodbum community for many years.
His wife, Rose Livesay, accepted the Tree Certificate and, for the benefit of the audience,
recounted the family story of how the "in-laws" on her side of the family came up with
the term "out-laws". She expressed her appreciation for the City' s recognition of the tree
donation.
B) Human Rights Commission Award: Alicia Hernandez, Commission member, stated
that 6 awards are granted annually by the Commission to individuals that do
extraordinary things in their daily lives. She also stated that the week of April 23 through
April 27, 2001 is Volunteer Week and a special thanks was given to all volunteers who
not only volunteer within our community but throughout the nation.
She presented the Commission's Award to Anthony Veliz who has taken the time and
dedication to help the high school students and to challenge teenagers that are non-
members of the high school.
Tony Veliz thanked the Commission for presenting him with this award. He stated that
his parents are responsible for instilling the value of giving oneself. His parents also
gave him the opportunity to have an education and see some of the world, however, the
path has led him back to Woodburn where he feels that he should be. He stressed that
volunteering shows care and concern for the community, and the community becomes
stronger as its citizens work together.
0597
SKATE PARK COMMITTEE REPORT.
Bruce Thomas, representing the Skate Park Committee, stated that the kids have been
meeting regularly and are enthusiastic about working with the consultant to design a
Skate Park. Once the model is designed, the kids will begin working on their fundraising
activities. It is anticipated that it will take approximately 3 months for the designer to
work with the community, neighbors, kids, and City Council in order to design the Skate
Park and to identify a location for the new park. The Oregon State Recreation & Parks
Division will be meeting May 21st through May 23~ at which time they will be reviewing
grant applications and it is hoped that they will grant the City a $75,000 grant award for
this skate park.
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O698
PROCLAMATION: PUBLIC WORKS WEEK - MAY 21 - 25, 2001.
Mayor Jennings proclaimed the week of May 21 - 25, 2001 as Public Works Week within
the City of Woodburn urging citizens to acquaint themselves with the problems in
providing public works services and recognizing the contributions public works
employees make to the health, safety, and comfort of local residents.
0775
CHAMBER OF COMMERCE REPORT.
Doug Templeton, representing the Chamber, informed the Council on the following
upcoming events:
1) The Chamber Forum will be held on May 16th, 12:00 noon, at the Woodburn
Crossing with the speaker being Chamber Executive Director Jerry Wheeler;
2) Business After Hours will be held on May 17~ at the Woodburn Veterinary Clinic
from 4:30 pm to 6:00 pm; and
3) The recent Student Job Shadow day resulted in 14 high school students and 13
businesses being represented on this very successful event.
Additionally, he stated that the United States is very fortunate to have cultural and
political diversity that has made our nation very powerful and, within our own
community, we have more than our share of this diversity. He congratulated Tony Veliz
as recipient of the Human Rights Commission award since Tony Veliz has recognized the
diversity and continues to make an effort to make improvements within our community.
0938
Tom Waggoner, 849 Woodland, stated that residents in the West Woodburn area had
previously planted a variety of plants in the Woodland Ave. islands which create a
beautiful floral display. However, they are now experiencing theft of plants and he
requested that the City install signs prohibiting the picking of flowers or digging of
plants.
Councilor Nichols stated that these individuals have done a wonderful job to beautify the
area and he agreed with the request to install the signs.
Administrator Brown stated that staff will look to see what can be done and a report will
be brought back to the Council.
Mr. Waggoner also commended the Police Department and, in particular, the work done
by the Code Enforcement Officer Jeff Waters in responding to concerns of residents.
1184
Vladimir Pendov, 359 Olive St., complained about City Attorney Shields' non-response
to written communications he had sent to Attorney Shields regarding violations of city
ordinances. He also stated that he did not understand why none of his letters were
answered, why the City Attorney did not inform him as to what happens between the City
Attorney and his tenants, or why the City Attorney does not give him any information as
to what is happening with his property. In his opinion, it was an insurance problem but,
with it being considered a legal problem, the insurance will not pay.
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Attorney Shields stated that, as a matter of record, Mr. Pendov was involved in some
litigation involving his property and the court awarded costs and attorney fees against Mr.
Pendov who was party to the lawsuit involving the other side who was someone Mr.
Pendov leased the property to. Eventually, he will be discussing the issue with the
Council, however, what is stated here is a matter of record. He stated that Mr. Pendov's
public comments are calling his actions into question and he would deal with that issue
separately. He reiterated that the City Council is his client and he is willing to discuss the
issue at the appropriate time.
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CONSENT AGENDA.
A) Council minutes of April 23, 2001;
B) Planning Commission minutes of March 22 and April 12, 2001, and the draft minutes
of April 26, 2001;
C) Park Board minutes of April 17, 2001 and draft minutes of May 8, 2001;
D) Building Activity report for April 2001;
E) Planning Department Tracking Sheet dated May 10, 2001;
F) Police Department Activity Report for March 2001;
G) Library Activity Calendar for May and June 2001;
H) Highway 99E Speed Zone Investigation Results:
I) Claims for the month of April 2001; and
J) Receipt of grant for pedestrian improvement project on Highway 214.
In regards to item 8H, the Mayor stated that the ODOT Traffic Management Section has
completed the speed zone investigation for the portion of Highway 99E from James Street
north to approximately 500 feet south of Industrial Way and they are recommending that
this segment of roadway have a reduction in vehicular speed from 45 MPH to 35 MPH.
Since the City is in agreement with this speed reduction, ODOT will soon be installing
the new speed signs in this area. He also stated that ODOT also studied Highway 99E
between Woodburn and Hubbard and they will be reducing the speed along this segment
of roadway from 55 MPH to 50 MPH.
In regards to item 8J, Mayor Jennings stated that the City has been awarded a $200,000
ODOT grant for the purpose of installing sidewalks along both sides of Highway 214
between Park Avenue and Meridian Drive. The estimated cost for this project is
$414,200 with the balance of the project costs being shared by the City and Woodburn
School District. In the staff memo, it was also noted that the City would be installing a
gravity sewer interceptor in this same corridor prior to the installation of the sidewalks.
Councilor Bjelland stated that the City was 1 of 90 applications for the Bicycle/Pedestrian
grant program of which Woodburn was 1 of 11 grants awarded by ODOT.
FIGLEY/NICHOLS .... consent agenda be adopted as presented. The motion passed
unanimously.
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1838 COUNCIL BILL 2306 - RESOLUTION ENTERING INTO A CONTRACTUAl.
SERVICES AGREEMENT AND DESIGNATING HUGGINS INSURANCE
1897
SERVICES, INC., AS THE CITY'S INSURANCE AGENT OF RECORD.
Council Bill 2306 was introduced by Councilor Figley. Recorder Tennant read the bill by
title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2306 duly
passed.
COUNCIL BILL 2307 - RESOLUTION PROVIDING INCENTIVES TO
CONNECT TO THE CITY SEWERAGE SYSTEM FOR PROPERTIES SUBJECT
2254
TO COMPULSORY ANNEXATION UNDER ORS 222.750.
Councilor Figley introduced Council Bill 2307.
Mayor Jennings stated that the last "Whereas" clause in the copy of the bill in the agenda
packet refers to "ordinance", however, the original Council Bill has been changed to read
"resolution".
Recorder Tennant read the bill by title only since there were no objections from the
Council.
Public Works Director Tiwari requested that the Council Bill be approved regardless of
whatever the Council's decision will be on the annexation issue before the Council since
the policy in this bill is similar to the policy approved by the Council in the past.
Approval of the bill will authorize the City to pay V2 of the system development charges
from the sewer service charge funds. The City's intent is to keep the sub-surface water
clean and to encourage property owners on a septic system to connect as soon as possible/
The incentive to the property owner is to receive a subsidy on sewer connection fees if
they connect within 1 year of the annexation. He also stated that a past informal policy
has been to allow for a 5-year payment plan for sewer connection fees and the Council
Bill includes formalization of the payment plan.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2307 duly passed.
COUNCIL BILL 2308 - RESOLUTION AUTHORIZING TRANSFER OF
OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR
2000-01.
Council Bill 2308 was introduced by Councilor Figley. The bill was read by title only
since there were no objections from the Council.
Recreation and Park Director Westrick stated that his department is requesting funds for
the purchase of a Rotadalron which is a soil-renovating device to be used at the City's
major parks and, with the purchase of this equipment, the City will be able to charge an
hourly rate for use of the equipment against various park grants. He stated that this
equipment will help the maintenance staff to get some of the capital improvement
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2422
projects completed and to begin with renovation projects within the City.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill duly passed.
COUNCIL BILL 2309 - RESOLUTION ELECTING TO APPLY FOR ENTRY
INTO THE OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM LOCAl,
2487
GOVERNMENT RATE POOL.
Council Bill 2309 was introduced by Councilor Figley. 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 2309 duly passed.
COUNCIL BILL 2310 - RESOLUTION CALLING FOR A PUBLIC HEARING
ON ANNEXATION OF PROPERTY LOCATED ON THE EAST SIDE OF
HIGHWAY 99E APPROXIMATELY 600 FEET SOUTH OF THE WILLAMETTE
2552
VALLEY RAILROAD (Woodburn Carcraft).
Councilor Figley introduced Council Bill 2310. Recorder Tennant read the bill by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Jennings declared Council Bill 2310 duly passed.
The public hearing will be held on June 11, 2001, 7:00 pm, in the City Hall Council
Chambers.
COUNCIL BILL 2311 - RESOLUTION SUPPORTING TRANSPORTATION
GROWTH MANAGEMENT GRANT APPLICATION FOR TRANSPORTATION
UPDATE OF THE CITY'S HISTORIC DOWNTOWN TRANSPORTATION
2613
PLAN.
Councilor Figley introduced Council Bill 2311. 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 2311 duly passed.
COUNCIL BILL 2312 - RESOLUTION SUPPORTING APPLICATION FOR
TRANSPORTATION AND GROWTH MANAGMENT GRANT FROM OREGON
DEPT. OF TRANSPORTATION AND OREGON DEPT. OF LAND
CONSERVATION AND DEVELOPMENT.
Council Bill 2312 was introduced by Councilor Figley. Recorder Tennant read the bill by
title only since there were no objections from the Council.
Administrator Brown stated that both grant applications would allow the City to do
necessary planning in 1) supplementing effort to plan street improvements in the Urban
Renewal District, and 2) assist in funding the update of the City's Transportation System
Plan which will be done as part of the Periodic Review process.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
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Council Bill 2312 duly passed.
2712 COUNCIL BILL 2313 - ORDINANCE AMENDING ORDINANCE 2157
3036
(WASTEWATER USER CHARGE ORDINANCE), AND REPEALING
ORDINANCE 2174.
Councilor Figley introduced Council Bill 2313. Recorder Tennant read the two readings
of the bill by title only since there were no objections from the Council.
Public Works Director Tiwari stated that staff is requesting that this bill be approved
regardless of the decision yet to be made by the Council on the annexation of properties.
He stated that the City's goal is to keep sub-surface water clean and it is desirable that
properties annexed be connected within 1 year. The current ordinance would impose a
minimum charge to property owners who are within 100 feet of an adequate sewer main
even if the property owner continued to use their septic system rather than connecting to
the City's system. The proposed ordinance would remove the service charge, however,
he reiterated that a property owner with a failing septic system must be connected to the
City's sewer system and they will pay a service charge at that time.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2313 duly passed with the emergency clause.
COUNCIL BILL 2314 - ORDINANCE ADOPTING SUPPLEMENTAL FINDINGS
WHICH SUPPORT APPROVAL OF ANNEXATION 098-03, 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.
Councilor Figley introduced Council Bill 2314. The two readings of the bill were 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 2314 duly
passed with the emergency clause.
3162
CONTRACT AWARD: STREET RESURFACING PROJECTS.
Administrator Brown stated that a revised memo was distributed at this meeting to
replace the memo in the agenda packet since the bid specifications did not include
resurfacing of a portion of West Hayes Street. However, the next bid package will
include the resurfacing of a portion of West Hayes Street.
Bids for the resurfacing of Columbia Drive and South Cascade Drive were received from
the following contractors: Parker Northwest Paving Co, $87,534.50; Morse Bros,
$89,997.25; Salem Road & Driveway, $98,649.00; North Santiam Paving, $98,871.00;
and D & D Paving, $112,936.25. Staff recommended acceptance of the low bid from
Parker Northwest Paving which was below the engineer's estimate.
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FIGLEY/BJELLAND... bid g21-15 for the resurfacing of Columbia Drive and South
Cascade Drive be awarded to the lowest responsible bidder, Parker Northwest Paving Co,
in the amount of $87,534.50. The motion passed unanimously.
3334
BID AWARD: AERATOR/COMPOSTER UNIT.
A bid for an aerator/composter unit to be used for turning and aerating biosolids to
accelerate processing in the wastewater facility drying beds was received from Corvallis
New Holland, Inc. in the amount of $16,572.00. Staff has evaluated this bid and found
that it is a reasonable amount to pay for this specialized piece of equipment.
FIGLEY/SIFUENTEZ... Bid g21-14 for an aerator/composter unit be awarded to
Corvallis New Holland, Inc., in the amount of $16,572.00. The motion passed
unanimously.
3374 LIQUOR LICENSE APPLICATION FOR FUI.I, ON-PREMISE SALF. S LICENSE
3506
FOR SU CASA IMPORTS, 1032 N. Pacific Highway.
A liquor license application for a full on-premise sales was submitted by Rafael and
Isabell Mendoza, owners of Su Casa Imports which is located in the Mall 99 North
Pacific Plaza. The full on-premise sales license will allow for the sale of distilled spirits,
malt beverages, wine, and cider for consumption at the license premise.
FIGLEY/SIFUENTEZ... approve a full on-premise sales liquor license for Su Casa
Imports with special conditions as outlined in the Compliance Plan.
Councilor Kilmurray questioned if, under the type of license being considered, would a
patron be able to order a drink without ordering food.
Chief Null stated that patrons could only order alcoholic beverages if food has been
ordered. Additionally, the store will have a very small restaurant within the store in order
meet the conditions of the license.
The vote on the motion was 4-1 with Councilor Nichols voting nay.
ACCEPTANCE OF ODOT PEDESTRIAN SAFETY ENFORCEMENT GRANT.
3548
Staff recommended the acceptance of an $1,800.00 grant which will target enforcement
of crosswalk safety laws. Enforcement activities will be held on five different days
between May 17, 2001 and July 1, 2001 at different crosswalk locations including the
new crosswalk on Highway 214.
FIGLEY/KILMURRAY... approve the acceptance of the grant in the amount of
$1,800.00 from ODOT Traffic Safety Division for enforcement of crosswalk safety laws.
The motion passed unanimously.
PROPOSAL TO INCREASE THE TRANSIENT OCCUPANCY TAX.
Administrator Brown requested that, if the Council was agreeable to the proposal being
outlined, staff be authorized to increase the transient occupancy tax from 6% to 9% and to
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dedicate the revenues generated from this tax increase to support tourism and economic
development. He stated that the current ordinance provides for a 6% lodging tax whereas
the statewide average for this tax is 8%. Larger cities along the I-5 corridor such as
Portland or Eugene charge 9% or 9.5%. Additionally, Woodbum operators are allowed to
retain 10% of the money collected to offset their costs in collecting and accounting for the
tax. Since 1998, the City has collected an average of $21,000 per year per percent of tax
levied, but, on the conservative side, staff feels that the City would collect annually
between $18,000 and $20,000 for each percent levied. He also stated that in 1998, the
Council amended the ordinance to eliminate the revenue sharing with the Chamber,
however, they did enter into a contract for services for marketing Woodbum and the
Chamber received $8,000 annually for this service. If the transient occupancy tax is
increased, staff proposes to use the additional funds generated from this tax for tourism
and event promotion. This includes providing some budgetary funds for our Management
Analyst to have a stable funding source to promote city-wide events such as the Tulip
Festival, 4~h of July, Christmas celebrations, and a signature event such as a berry or
harvest festival. The Chamber Board would also like to get involved with a Visitor's
Bureau, however, they are faced with having difficulty in generating revenue to
accomplish their goal of marketing Woodbum as a tourist and business attraction. He
stated that the Chamber has recently revised their membership fee structure but there is
still a need for outside financial support. He stated that the 6% tax already being charged
is considered as a discretionary funding source and is used to support the cost of services
used by visitors, whereas, the additional tax would be considered as a dedicated funding
source to generate additional tourism, create additional job opportunities, and strengthen
our local economy. The staff proposal is to increase the tax by 3% effective July 1, 2001
of which 1% would be dedicated to the Events Program which would promote tourism
and economic development activities, and the balance would be treated as a grant award
program. Organizations that have tourism and economic activities could apply for funds
to provide visitor services or promote tourism or economic development. This would be
a competitive source of funding for single or multi-year contracts. Administrator Brown
stated that he had brought this proposal before the Chamber and local hotel/motel
operators for their input. The Chamber has expressed their support and the Tourism
Committee of the Chamber is also in support even though they will need to apply for
grant funding. On the other hand, not all of the hotel/motel operators are in favor of the
increase, however, a majority of them are members of the Chamber Board and Tourism
Committee who are in favor of the increase. He reminded the Council that the Budget
Committee is aware of this proposal and they have made provisions in the budget for the
events program funding.
Councilor Bjelland questioned if the dedicated revenues in the grant award program
would be dedicated to outside agencies only or would the City be able to prepare a
application for funding a proposal that meets the criteria.
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Administrator Brown stated his proposal would allow for city departments or related
agencies to apply for the funds on equal standing with non-profit organizations.
Councilor Figley spoke in favor of making the funds available to the City and different
non-profit agencies.
FIGLEY/BJELLAND... direct staff to prepare an ordinance which increases the City's
transient occupancy tax from 6% to 9% and dedicate the resulting revenues to activities
supporting tourism and economic development. The motion passed unanimously.
4889
CANCELLATION OF MAY 28, 2001 COUNCIL MEETING.
Administrator Brown stated that the next regular Council meeting falls on Memorial Day
and he questioned if the Council would like to cancel that meeting and, if so, do they
want to meet on May 29th if is necessary in order to conduct business.
BJELLAND/SIFUENTEZ... cancel the May 28, 2001 regular meeting. The motion
passed unanimously.
5103 CONTINUATION OF PUBLIC HEARING: CITY INITIATED ANNEXATIONS.
Mayor Jennings continued the public hearing at 8:16 p.m..
Administrator Brown stated that there were a number of issues raised at the last meeting,
one of which was getting the legal descriptions approved by the Dept. of Revenue. To
date, the State has responded back on all but a couple of the descriptions and it is
anticipated that the State will have completed their review of the descriptions prior to the
June 11 a, Council meeting. Another issue brought up by property owners involved septic
systems and the City's position as to when they would be required to connect to the City's
system. Fees were another issue as it relates to both water and sewer, and costs related to
line extensions. It was also noted that the location of the city limits is being defined
through extensive research by planning staff and with the County Assessor's office. He
stated that Council action taken earlier in this meeting would provide some relief from the
system development charges and would allow property owners to pay the system
development charges over time. Staff is proposing that, if a property owner is on a
working septic system or working water well, there would be no requirement to connect
to the City's system until such time as the septic system or water well fails. Under the
ordinance, the property owners could pay ~A of the sewer system development charges
within the first year and then connect at anytime in the future without having to pay the
full or current fee for connection. Another resolution adopted by the Council eliminates
the payment of a user fee to those properties involved in a compulsory annexation unless
they are using the sewer system. For those properties in which sewer is being used but no
water, staff would use the city-wide average of $27.00 per month, however, if a property
owner could meter their water flow and staff would look at those documented numbers to
see if a lower monthly rate could be established. In regards to line extensions in the area
of Laurel Avenue, staff is estimating the cost of an upgrade from a ½ inch line to a 4 inch
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6030
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COUNCIL MEETING MINUTES
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line at $60,000 with another $60,000 if fire hydrants are included, and staff proposes that
the City would participate by contributing the $60,000 for the fire hydrants. In order to
extend the sewer line, the estimated cost is $238,000 and this cost would be paid for by
the property owners.
Mayor Jennings stated that the water line was installed by a developer in the 1940's and it
serves 7 parcels of land along Laurel Avenue.
In regards to taxes, property owners will see an increase in their tax bill by the amount of
the City's permanent tax rate of $6.0534 per $1,000 assessed valuation. Lastly, he stated
that the Planning Department and the City Attorney's office have developed findings and
conclusions that need to be considered as part of the record of this public hearing.
Public Works Director Tiwari reviewed the system development charges, requirements to
connect to the City's system, service charge and billing, and utility extension issues. He
stated that the current system development charge for connecting to the water system is
$1,452.00 and it was noted that there would be no reduction to the property owner if they
elect to connect within one year of the annexation. The current wastewater system
development charge is $2,977.00 of which one-half of the fee ($1,488.50) would be
charged to the property owner if connected or paid for within 1 year of the annexation as
provided for in the recently adopted ordinance. It was noted that existing homes within
the proposed annexed areas would not be subject to system development charges for
traffic impact, parks, or storm drain. He also reminded the Council that the goal is to
keep the environment clean and the reduction in the sewer system development charge, in
addition to allowing a 5-year payment plan, has been designed as an incentive for the
property owners to connect to existing lines. In regards to water, property owners are
under no requirement to connect and they will be required to pay the full system
development charge at the time of connection. He reiterated that the property owners
would be responsible for the full cost of any line extensions except for the Laurel Avenue
water line in which the City would contribute towards the cost of the fire hydrants.
Joe Samiov, 1420 Commerce, stated that his property is approximately 700 feet away
from the closest sewer line and is very concern with the cost of the extension if it is
required.
Mayor Jennings stated that property owners do not have to hook-up to the sewer system
unless their system fails.
Ray Peterson, 1640 Laurel, stated that he is within 100 feet of the sewer line coming off
of Tomlin Street but the line is undersized in order for him to connect to at this time. He
was concern that if he paid the ~A fee now he may still be required to pay the full fee in a
couple of years when a sewer line is extended that he can connect to.
Director Tiwari reviewed the current water and sewer rates and how sewer rates would be
determined if the property owner is on a water well rather than connected to City water.
In regards to properties along N. Boones Ferry Road, there is a sewer line that would
8A
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service each of those properties and owners would be required to connect to the sewer
system if their septic system fails. There is no requirement that they connect to the sewer
system provided that their system is in working order and, until such time as they do
connect to the system, they do not pay any monthly service fees. In regards to Laurel
Avenue, there is a very small water line and, if the property owners wish to pursue an
upgrade, they could petition for a local improvement district (LID) and pay their share of
the benefitted costs. He also stated that a loop water line does improve the water quality
and creates better water flow. If the property owners along Laurel Avenue wish to have
the sewer line extended, the estimated cost is $230,000 which could also be petitioned for
through the LID process. It was noted that the sewer line needs to be extended from
Highway 99E since the Tomlin Avenue line is shallow. He also stated that the City has
not done any engineering on the extension of this line nor have they proposed any method
in which to allocate costs of the improvements back to the benefitted property owners.
He briefly reviewed the LID process which would be followed in the event the property
owners along Laurel Avenue decide to pursue water and/or sewer line extensions.
Mr. Saminov reiterated that his house is still 600 feet away from an existing line and the
cost for him to put in a line is very high for just one house. He also questioned if the
zoning would be changed as part of this annexation process.
Administrator Brown stated that the City is in the process of doing periodic review and
the City will undertake the zone changes as part of this process. In regards to the sewer
system development charge, any property owner being annexed can pay the fee up front at
the reduced rate and reserve their right to connect at a later date without paying the full
SDC rate in place at that time, and there will be no monthly service charge until such time
as the property owner is using the sewer service. Any water or sewer line extensions are
installed by private contractors employed by the property owner and those lines must
meet City specifications.
Ray Peterson questioned what time frame would be involved to install a water and/or
sewer line extension.
Director Tiwari stated that if the property owners initiate the LID process, it will take
about 2 years from the time of initiation to completion of work.
Mr. Pendov stated that he owned property on Laurel and, while trying to develop the
property, was told that he could not extend his sewer line to Highway 99E without
incurring a very high cost. He stated that properties in this area are experiencing septic
system failures due to storm water problems in the area. He approached the property
owners surrounding his property to try and get them to participate in an LID, however,
they were not willing to pay their share of costs.
Director Tiwari stated that property owners will be required to connect if a septic system
is failing or, if connection is not feasible, they will need to install a pumping system. As
part of any development, the developer is responsible for contracting for infrastructure
improvements that meet City specifications. A developer can work with property owners
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2137
that would benefit by the line extensions in order to share costs associated with the
improvements utilizing the LID process.
Debbie Monnier, 328 Parr Rd, stated that their home is located 70 feet from the sewer
lines, however, the School District owns property between their property and the sewer
line. She questioned if they would be responsible for purchasing an easement from the
School District and to pay for the costs to extend to the sewer, or would the City bring the
sewer line to their property line.
Director Tiwari stated that the City would be willing to facilitate in obtaining the
easement, however, it will be the responsibility of the property owner to pay for the costs
to install the line from the house to the sewer line.
Recorder Tennant read a letter in favor of the proposed annexations from Attorney
Michael Robinson who represents a property owner that owns a parcel of land located in
the vicinity of Stacy Allison Way.
Mayor Jennings closed the public hearing at 9:08 p.m..
Councilor Kilmurray stated that she was pleased with the work done by staff on this issue
and the options that have been provided to the property owners.
Councilor Figley stated that, even though she had not been at the initial hearing, she felt
that the issues of concern expressed by the property owners have been addressed by staff.
FIGLEY/SIFUENTEZ... approve the island annexations as set forth and direct staff to
prepare an ordinance reflecting their decision.
BJELLAND/NICHOLS... amend motion to include the findings of fact prepared by staff
in support of the annexations be attached to the ordinance.
The motion to amend passed unanimously.
The motion, as amended, passed unanimously.
2300 PUBLIC HEARING: ANNEXATION #00-01 AND ZONE CHANGE g00-0!
(Friendly GMC located at 770 N, Pacific Highway).
Mayor Jennings declared the public hearing open at 9:11 p.m..
Recorder Tennant read the land use statement required by ORS Chapter 197.
Community Development Director Mulder stated that the property owner has requested
annexation of their property due to a failed septic system and they must hook-up to the
City's sewer system. The property is located at 770 N. Pacific Highway and is
contiguous to the city limits. In conjunction with the annexation request, the applicant is
requesting a change in zone from Marion County Commercial Retail to City Commercial
Retail zoning. The Planning Commission has held a public hearing on this application
and they have recommended approval based on the findings and conclusions in their final
order.
There were no declarations made by the Mayor or Councilors regarding ex-parte contact.
Tony Miller, applicant, stated that one septic system has failed, therefore, they only have
one restroom available for use. He requested permission to start working on connecting
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to the City's sewer line in order to get more restroom facilities open at the business.
Administrator Brown stated that staff will provide assistance in expediting the permit
process.
Councilor Bjelland also stated that the City fees will not be waived if there is a
connection to the City's system even though the applicant may have to go to the County
in order to obtain permits to begin work prior to the annexation of the property.
Mr. Miller stated that he realized that all City fees would be applicable.
Mayor Jennings declared the public hearing closed at 9:17 p.m..
FIGLEY/KILMURRAY... concur with the Planning Commission's final order and
approve annexation g00-01 and zone change/g)0-01, and instruct staff to prepare an
ordinance to substantiate that decision. The motion passed unanimously.
3035
Roy Smith, 2580 N. Boones Ferry, expressed his appreciation to the Council and staff for
answering all of his questions that were brought up during the public hearings on the
proposed annexations of property which are surrounded by city limits.
3080
PLANNING COMMISSION ACTIONS.
A) Partition g01-02: Request to divide a commercial parcel located at 110 Arney
Road into two separate parcels.
No action was taken by the Council on this partition which was approved by the Planning
Commission at their May 10, 2001 meeting.
B) Site Plan Review g01-05 through #01-08: Request to place temporary classroom
modular units at Lincoln Elementary School, Heritage Elementary School, Nellie
Muir Elementary School, and Washington Elementary School.
Councilor Kilmurray questioned the need for more modular units since the elementary
schools are utilizing year-round school.
Mayor Jennings stated that the School District is going back to a single calendar school
year and the modular units are necessary to meet classroom size needs. The School
District has not utilized the year-round school track system for some time since there was
a lot of controversy on the track system when it was in place.
Councilor Kilmurray stated that she would like to receive some follow-up information
from the School District on this issue.
No action was taken by the Council on the Planning Commission action.
3217
CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that the City is the recipient of a grant award from the
Silverton Hospital in the amount of $6,500 for the funding of the Skate Park preliminary
design work including site selection and site plan. On behalf of the City, he expressed his
appreciation to the Hospital for their contribution towards this project.
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3323
MAYOR AND COUNCIL REPORTS.
Councilor Nichols expressed his appreciation for the removal of the blue tarp off of the
City's building at 347 N. Front Street. He also stated that he was unable to attend the
employee recognition dinner, however, he expressed his appreciation to all of the City
employees for their work.
Councilor Figley stated that the Woodbum Independent had run a poll on how local
citizens felt on restoring the Steam Engine and running it. Of the total respondents, 87%
responded favorably to the restoration and operation of the Steam Engine. She
encouraged citizens to attend the next Train Committee meeting on June 6~, 1:00 pm to
3:00 pm, in the City Hall Council Chambers. An ODOT representative doing a feasibility
study regarding the rail line will present a report and may have additional information on
available equipment and possible funding sources. She also expressed her appreciation
for all of the get well wishes and prayers for her return to good health.
Councilor Kilmurray also expressed her appreciation to city staff for their hard work in
accomplishing the work that is done within our community and making it a great place to
live.
Councilor Bjelland also extended his appreciation to the employees for the excellent job
they do in our community.
Councilor Bjelland reported on the following items from the Mid-Willamette Valley
Advisory Commission on Transportation:
1) The ODOT Rail Division and rail issues were discussed at the last meeting with one of
the topics being the West Salem Line Tourist Train Project which would go through
Woodburn to Stayton. Funds have been awarded to study that project. Additionally, the
ODOT Rail Division is an administrator of all highway railway grade crossings in the
State and, with the high speed rail project approval from Seattle to Woodburn, the ODOT
Rail Division has undertaken a study of all the rail crossings along the high speed rail
access and will be especially interested in any crossings that need to have significant
improvements and/or safety concern. This may help the City to expedite improvements
to the Hardcastle Ave. railroad crossing.
2) Commuter Rail project between Beaverton and Wilsonville is another item of interest
which is being studied. He, along with representatives from Keizer and Salem, expressed
interest in seeing if that project could be extended down into the Salem area. This
particular project is on the Burlington/Northern Santa Fe rail line, therefore, if there was a
stop in Woodburn it would be located out in West Woodburn. He stated that there is too
much freight traffic on the Union Pacific rail line, therefore, it would not accommodate a
commuter line which is on a set schedule. He suggested that the City take this project
into consideration when updating the Transportation Plan.
3) Another topic of discussion was a report on a Highway 99E corridor safety project
from Salem to Canby which shows that the area around Woodburn has one of the highest
accident rates of any highway in the State of Oregon. The report indicates that a lot of the
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accidents involve pedestrians and bicyclists, and it also states that the roadway is underlit
from a street light standpoint especially in the vicinity of the intersections. He felt that
this would be a useful document in providing evidence that there needs to be significant
safety improvements on Highway 99E in the Woodbum area.
4) He stated that the anticipated completion date of the Commuter Rail project from
Beaverton to Wilsonville is September 2004 at an anticipated cost of $85 million. He also
stated that the City of Canby would like the project to at least cross the river so that they
could provide a transportation hook-up from Canby to the rail project.
Councilor Bjelland stated that at another meeting he attended before the Land
Conservation & Development Commission (LCDC), there was a presentation of an
Oregon Guide for Reducing Street Widths which was a document prepared by a State
Code of Design team comprised of interested parties in the design of streets within
Oregon. They obtained approval for various types of narrower streets which could be
adopted by cities. He has a copy of the document which he will be giving to City staff.
Councilor Sifuentez expressed her opinion that the Employee Recognition dinner was
well organized and attended by City staff. She also expressed her appreciation to the staff
for their dedication to the City.
Mayor Jennings stated that Kezia Merwin did an excellent job in putting the program
together and he thanked the Council for providing the funds for this event. He expressed
his hope that the Council will continue the recognition dinner in the future.
4463
EXECUTIVE SESSION.
Mayor Jennings entertained a motion to adjourn to executive session under the authority
of ORS 192.660(1)(f)and ORS 192.660(1)(h).
FIGLEY/SIFUENTEZ... adjourn to executive session under the statutory provisions
cited by the Mayor. The motion passed unanimously.
Councilor Sifuentez left the meeting at 9:39 pm.
The Council adjourned to executive session at 9:39 p.m. and reconvened at 10:07 p.m..
4495
Mayor Jennings stated that no decisions were made by the Council while in executive
session.
FIGLEY/BJELLAND... delegate to the City Administrator the authority to file an
appeal in Marion County Circuit Court Case gOOC 10897, Baker v City of Woodburn and
Craig Realty Group, within the time period prescribed by law. The motion passed
unanimously.
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ADJOURNMENT.
BJELLAND/NICHOLS... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:09 p.m..
8A
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 17 - Council Meeting Minutes, May 14, 2001
Executive Session
COUNCIL MEETING MINUTES
May 14, 2001
8A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MAY 14, 2001.
CONVENED. The Council met in executive session at 9:45 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Absent
Councilor Figley Present
Councilor Kilmurray Present
Councilor Nichols Present
Councilor Sifuentez Absent
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
1) ORS 192.660(1)(h) to consult with counsel concerning legal rights and duties of a public body with
regard to current litigation or litigation likely to be filed; and
2) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection.
ADJOURNMENT.
The executive session adjourned at 10:03 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Council Executive Session Minutes, May 14, 2001
8B
WOODBURN PLANNING COMMISSION
May 10, 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 P
Fletcher P
Miller P
Lima P
Mill A
Bandelow P
Lonergan A
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 April 26, 2001 Planning Commission Meeting
Commissioner Lima referred to page 1 of the minutes and pointed out that Commissioner Fletcher was not
present at the meeting and that it should be reflected it was Commissioner Miller's statement, not
Commissioner Fletcher's.
Vice Chairperson Cox moved to approve the Planning Commission meeting minutes of April 16~ with the
noted corrections. Motion was seconded by Commissioner Bandelow. Motion carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A_=. City Council Minutes of April 12, 2001
Vice Chairperson Cox commented it is a good practice to include these minutes
Commission packet and he certainly appreciates it.
in the Planning
PUBLIC HEARING
A_.~. Site Plan Review 01-O3, Variance 01-03 and Variance 01-05, develop and operate a 96 unit
congregate care facility, a 40 unit assisted living facility and 8 independent retirement
cottages and Variance requests to provide a 3-story structure in lieu of a 2t/~-story structure
and to reduce special setback on Evergreen Road from 40 feet to 37feet, located south of
West Hayes St., north of Evergreen Road and east of Harvard Drive, Crown II Development
LLC, applicant.
Ex Parte Contacts
Chairperson Youn.q informed he visited the site and is familiar with the area. He indicated this will not
influence his thought process.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of the Site Plan Review and two Variance requests subject to the conditions of
Planning Commission Meeting - May 10, 2001 Page 1 of 9
8B
approval listed in the Staff Report
Vice Chairperson Cox inquired what would the building setback be for this site if you ignore the 40 foot
setback from the center line?
Staff answered the setback would be 20 feet from the front property line for a three-story structure in a Multi-
Family zone.
Commissioner Bandelow questioned if this building will be 20 feet from the curb?
Staff replied the building will be 20 feet from the curb from the front property line.
Commissioner Miller asked if the building will not exceed the 3-story height but it will just be 3-stories in a
2 ½-story building?
Staff explained the multiple family zone has a maximum height of 35 feet or 2 ½-stories. She indicated the
applicant is going to meet the 35 foot requirement but they are requesting a Variance from the 2 ½-stories
to 3-stories. Staff explained the height is defined in the Development Code by the average height of the roof
sloop. The Woodburn Zoning Ordinance defines a ~-story building as a story under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls are not more than 2 feet above the floor
of such story.
Testimony by Applicant(s)
Chuck Archer, RAR Architects, 34 NW First Avenue, Suite 206, Portland, OR 97209 stated their proposal
is for continuum care residential community which will consist of a congregate care facility, assisted living
facility and cottages for independent living. He mentioned they felt they needed to make it neighborhood
friendly thus, decided to make the single story cottages along Hayes Street. Mr. Archer indicated they have
designed the buildings to have two front doors, one that faces Hayes Street and the other that faces into the
interior of their project. The cottages have been designed with an old world architectural design with sloping
gables, stone facades and rear entry garages. He reported the congregate care building has been detailed
in a Victorian style and the assisted living facility will have a craftsman style architecture. Mr. Archer
explained the 3-story congregate care facility was placed to the west because that will act as a buffer to the
commercial property that is across Harvard Dr. He mentioned the congregate care facility will have social
activities and will provide meals and social services at the tenants option. Mr. Archer stated they would like
to do a standard construction 8-foot high wall instead of having a 2-foot pony wall and put manufactured
trusses with a 6-12 roof pitch. He further commented they will meet the 35 foot building height requirement
with this type of construction. The single story 40-unit assisted living facility is designed with craftsman style
detailing which include knee braces, shingles, gable, large trim around the windows, large rakes and fascias.
Mr. Archer indicated this structure is broken into pods instead of having one large building and each pod will
have units. He stated one pod will serve as an administrative pod and the other will serve as a
social/recreational pod where the dining room and the commercial kitchen are located. Additionally, he
referred to Condition item #27 that references the force main line that runs along Hayes St. and commented
the cottages sit 8 feet into the easement. He indicated it will be very simple for them to pull the cottages
down 8 feet to get them out of the easement. Mr. Archer stated they are willing to partner on with the City
in upgrading the force main. He requested that condition of approval #27 stand as is and at another time
before the City Council discuss with Public Works to make arrangements to see if they need to move the
buildings 8 feet back on the Hayes St. side.
Chairperson Young inquired if Crown II Development will operate this facility?
Chuck Archer replied they will operate the facility in part but they also have an administrative company they
work with.
Planning Commission Meeting - May 10, 2001 Page 2 of 9
Commissioner Fletcher asked what is the administrative cost of the whole project?
Chuck Archer responded the architect states the cost will be $10 million and the contractor states it will cost
$9 million.
Commissioner Lima asked how many employees do they expect to have? He also inquired if the applicant
has looked into the traffic patterns for this type of facility?
Chuck Archer indicated he knows they have permanent 24-hour staff for the assisted living facility but he
could defer the question to the owner. He said they were not required to do a traffic study. Mr. Archer stated
in his involvement with other facilities such as this, the traffic impact for this type of facility is relatively Iow.
An assisted living facility will generate very little traffic and the parking ratio indicates that the traffic will be
light. They are providing one parking stall for each unit.
Chairperson Youn.q commented the applicant has far exceeded the landscaping requirement by twenty/thirty
percent more than what they actually needed. However, he expressed concerns regarding the 30 foot trees
located where the trash compactor and enclosure is situated. He indicated the trees might be site
obstructive in a driveway that is going to have heavy traffic and large trucks. Additionally, he commented
there will be an entrance somewhere across from that driveway when the Walmart proposal to expand
comes in.
Chuck Archer clarified they can provide a vision clearance triangle.
Chairperson Youn,q suggested a condition of approval be placed to request a clear access on the driveway
located on Harvard with a 20 foot vision clearance triangle on each side of the driveway.
There was much discussion as to whether or not to remove the trees entirely from the mentioned area.
Chuck Archer mentioned in order to make the space livable in the attic area you would have to have a very
steep roof pitch to capture the floor space. He indicated part of the design of the unit having two front doors
and porches is to increase the livability along Hayes. Mr. Archer commented it is a nice feature to have the
buildings closer to Hayes St. than opposed to farther away. It was reported by Mr. Archer that this facility
will have a bus for resident activities which reduces the traffic impact going to and from the facility.
Testimony by Proponents
Don Bear1375 S. Columbia Dr. stated his property is about 50 feet from the Montebello project which makes
the retirement project about two blocks from his house. He said this project should enhance the aesthetic
value of the Montebello project. Mr. Bear further commented the traffic impact will be null and void
compared to what multiple housing or apartments would make. He indicated the police department calls
to a project like this will be almost nil compared to an apartment house project. He referred to the comment
made regarding the slight difference in building height and pointed out this project is practically an island
by itself. Even when the Montebello project is developed, it will be quite a distance from the actual
residence. He said the height already meets the solar ordinance for the City and will have no effect on the
homes. In closing, Mr. Bear mentioned the Variance should set no precedent because you will find that
every project is passed on it's own merit.
Testimony by Opponents
RoRer Midura, Barclay Square Apartments1 Woodburn, OR owner of the property across the street of this
project and developer of the Barclay Square Apartment complex. He said his opposition is not 100 percent
but has concerns over several issues. Mr. Midura commented this project is way more dense than 95
percent of the assisted care facilities that he has seen in South Florida. He stated he has developed 6,000-
7,000 apartment units around the United States and is very familiar with congregate care housing.
Furthermore, he reported Barclay Square Apartments is 12 units per acre with 70 units and 140 parking
Planning Commission Meeting - May 10, 2001 Page 3 of 9
8B
spaces. He indicated this project has 148 units in which you can have as many as 296 people. Mr. Midura
commented a congregate care complex requires a lot more staffing than you would find in an apartment
complex. He stated there will be a tremendous parking problem on site. Mr. Midura stated he has no
problems with the concept because VVoodburn needs a project like this but he wants the Planning
Commission to understand that the parking issue is going to be a horrible problem that the applicant has
not adequately addressed. Once the complex is up, they will find that there isn't enough green space for
the residents that will be moving into the facility and they will have an economic impact because of it.
Additionally, Mr. Midura urged there be stringent design requirements put on the builder if the Commission
allows the 3-story building. He stated he strongly opposes shingle roofs and suggested they put in an
aesthetically pleasing roof. He requested the Commission be very restrictive in terms of what they allow if
they are going to grant the applicant the 3-story Variance. Mr. Midura also stated the Vadance should not
be granted because it is ridiculous to have a loft in a congregate care facility because the residents can not
go up and down the stairs and will need to have elevators. He indicated the Commission should consider
requiring the applicant to go back down to a 2-story building and keep everything else the way it is because
they are way underutilized on parking. Mr. Midura disagreed with the amhitects statement regarding
improvement of livability by moving the cottages closer to the road. He indicated moving them away further
from the road and expanding the landscaping will make them more attractive. Furthermore, he said the 3-
story structure with a 12-12 pitch will be a visibly obvious structure and will certainly stand out.
Commissioner Lima asked Mr. Midura if he has built any facilities like the proposed project?
Roger Midura replied No. He stated all of his garden 2-story apartment complexes are typically 12 units to
the acre. He said he has 70 apartments at Barclay Square with the occupancy rate being typically at 100
percent.
Staff provided a sample of the roof, hardi-plank sample and wood trim to be utilized on this project.
Vice Chairperson Cox asked Staff if it is a fact that this kind of living facility for purposes of our Zoning
Ordinance is regarded as multi-family housing and there is no separate category for congregate care or
assisted living?
Staff replied there is a standard for nursing homes, rest homes and assisted living and there is a standard
for a regular apartment complex. She explained the cottages were included in the multi-family two parking
spaces per two living dwellings because the cottages have garages and are for minimal assistance within
the facility.
Vice Chairperson Cox further questioned if the parking determination to recommend approval of the
applicant's idea on how much parking would be was based on any statistics, study or recognized industry
standard?
Staff answered it is her understanding that the applicant has an assisted living facility in Roseburg that
operates similar to this and through their experience on that site they pulled together how many parking
spaces they needed on that site and transposed it to this project to the different uses. Staff commented the
City has no independent standard to measure against with other than the information the applicant provided.
Applicant Rebuttal
Chuck Archer remarked he too has the experience of developing projects from Arizona to Washington and
back. He additionally indicated he has experience in developing multi-family housing and senior housing
which are two different worlds. Mr. Archer indicated it is definitely required two to one parking when you are
doing a multi-family housing. It is an entirely different ball game when you are doing senior housing.
Experience and statistics are important when doing a project like this. Mr. Archer stated zoning code states
one parking stall for every four beds on a nursing care facility for a reason. Thero have been a lot of studies
done that prove that people that stay in Alzheimer's and assisted living facilities do not drive. Mr. Archer
Planning Commission Meeting - May 10, 2001 Page 4 of 9
8B
commented they would love to have 296 people at this complex but this is not likely to happen. He reported
they will typically have one person per unit. They have 24 two bedroom units in this facility and if you take
144 units and add 24 people because you have a two bedroom facility that will only get you 168 people and
he is including the assisted living facility. Mr. Archer indicated they have provided one to one parking and
have left room for staff. He explained if he removes the 42 assisted living facility units off of the parking
ratio, he has room for his staff which is approximately 45 people which covers three shifts. Mr. Archer
commented for the record, that this project is 19 units to the acre which is considered medium density. He
indicated anything below 20 and above 10 units to the acre is typically referred to as medium density and
anything below 10 units to the acre is considered below density. Mr. Archer indicated they went through the
existing neighborhood and saw what was being used and they want to complement and improve that and
not be a detriment to it. He also informed they will have three elevators, one in the middle and one at each
end of the building. There will also be three gazebos and a very large yard to the west of the project that
will allow outside recreation. Mr. Archer indicated there is also a courtyard in the center of the assisted living
facility. He explained the reason they went with a 6-12 roof pitch is because they can accommodate building
height and they can produce a building that is not as tall as one with a 12-12 pitch. Their proposal states
a 6-12 roof pitch but they can make that a condition of approval because it does not matter because they
have a 35 foot building height that they have to abide by.
Commissioner Fletcher inquired if the day shift will have more than just a third of the 45 staff members?
Chuck Archer answered this is quite possible. He reminded this is the only licensed assisted living facility
where the pods are down the bottom. They only have to provide staff 24 hours a day for that facility and the
night time staff will be less than the day time staff. Mr. Archer reported there is no independent security
personnel and will depend on City Police.
Commissioner Bandelow asked what the ratio and setup is at his facility in Roseburg? Additionally, she
inquired what the number of parking spaces are?
Chuck Archer responded the facility in Rosebu rg is extremely similar to the congregate care facility proposed
here. The Roseburg facility is 100 units and it does not have an assisted living facility nor cottages. Mr.
Archer stated there are 60 parking stalls available for the 100 units. He said nobody parks on the street.
Vice Chairperson Cox questioned Mr. Archer if he was personally involved in the design and/or operation
of the Roseburg facility or is his information about the facility from information provided by his client.
Chuck Archer replied the information was obtained from what his client has provided him. He has visited
the project during the day and evening. He indicated he had no problem finding a parking stall when he
arrived and there was plenty left when he went home.
Discussion
Chairperson Young closed the Public Hearing and opened discussion amongst the Commission.
Commissioner Bandelow mentioned there is already a 3-story building in the area. She indicated she has
no problem with the Variance for the setback. Commissioner Bandelow indicated the design is gorgeous
and loves the change in the roof lines and the whole design feature. She feels it is a good buffer between
the commercial to the north of the project and the residential to the south and to Senior Estates to the east.
She concurred with Mr. Bear's comments in that a regular residential apartment building would have a far
greater impact on the neighborhood. As far as the parking, she stated she would be surprised if anybody
in the assisted living facility would have a car at all. However, she did express concerns that they do not
have any separate information from Staff about parking facilities.
Commissioner Lima agreed with Commissioner Bandelow in that it is a beautiful project and will enhance
the neighborhood and the City. He indicated he brought up the traffic issue because he was thinking of the
Planning Commission Meeting - May 10, 2001 Page 5 of 9
8B
people that cross there from Walmart. Commissioner Lima informed he did a lot of rotations in assisted
living facilities and nursing care homes and in all of his 20+ years in the medical field he has never
encountered any problems with parking. In closing, he said he has no problems with the project.
Vice Chairperson Cox commented this has been a very interesting application and headng process. He
indicated he has been somewhat conflicted from the time he read the Staff Report. He said the bottom line
is it is a great project in the sense that it is something that will fit well there, looks good, is well designed and
it will be an asset. The question is whether the building is too tall. He indicated he has no problems with
the setback Variance. Commissioner Cox stated we are not suppose to approve a Variance just because
it is a good project but because there is a true hardship. He said he originally felt there is no true hardship
in this request but after listening to the explanation and the applicant showing what they are doing does not
really increase the impact at all over what they can legally do without a Variance. He is willing not to get to
technical about the degree of hardship that is involved. Vice Chairperson Cox remarked he is prepared to
say that the 3-stories is okay. However, it does not change the fact that this is a very large development.
Additionally, he expressed his disappointment that they are dealing with pretty inadequate factual basis to
make the parking decision. He remarked the only hangup he has with the project at this time is whether he
should get technical about the parking issue or do we just go with our instincts and say it is okay.
Commissioner Fletcher also expressed concerns regarding visitor parking. He commented it is strange that
there are no parking standards for these type of facilities in a State where we know so much about retirees.
Commissioner Miller asked Staff if the Staff Report was available to the public earlier on in the week?
Staff replied the Staff Report was available 7 days prior to the hearing and Public Notice signs were posted
on the property.
Commissioner Miller remarked although Mr. Midura had a good argument, he could have come to Staff to
obtain a copy of the Staff Report and done his homework. He indicated as far as he is concerned Mr. Midura
is comparing someplace in Florida with Woodbu rn, Oregon and it does not match. Commissioner Miller said
he has no problems with the project.
Chairperson Young commented the project is well sited and makes maximum use of the land. He said there
are several very large facilities on the other side of the freeway that are quite attractive and have done a lot
in using textures to make those buildings attractive. Chairperson Young reported his elderly parents live in
a facility in the Keizer area similar to the style and concept of this project. He stated there is underground
parking and visitor parking and he has never had problems locating parking. In closing, he said he likes the
way the project is setup and favors the project. He requested a condition be included that there be a 20
foot vision triangle on each side of the service driveway and that landscaping within the loading area be
arranged so that it does not conflict with access of the trash enclosure.
Staff interjected a complete picture of the parking situation was not provided in the Staff Report. He stated
the parking requirement for the entire complex would be 183 parking spaces based on the categories the
code provides which are multiple-family and applying the nursing home requirement for the assisted living
facility. The Staff Report indicated that 154 parking spaces were provided but he stated that actually
counting the spaces on the plan and including the spaces within the garages and the space in front of the
garage it comes out with 161 parking spaces. Staff indicated the Staff Report is misleading in stating that
the applicant is providing 60 percent of the parking because it is actually closer to 90 percent of the parking.
Chairperson Young commented parking has been provided for two vehicles for the cottages. He stated this
would be similar housing as that found in Senior Estates.
Commissioner Lima moved to approve Site Plan Review 01-03, Variance 01-03 and Variance 01-05 with
the conditions sited in the Staff Report with an amendment to include that there be a 20 foot vision triangle
Planning Commission Meeting - May 10, 2001 Page 6 of 9
8B
on each side of the service driveway and that landscaping within the loading area be arranged so that it does
not conflict with access of the trash enclosure and instruct Staff to return with proposed findings and a Final
Order for the next meeting. Commissioner Miller seconded the motion, which unanimously carried.
FINAL ORDER
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 Zonina
Commercial General (CG) located at 220 S. Pacific Hwy, Doug Templeton, applicant.
Vice Chairperson Cox moved to approve the Final Order as submitted by Staff. Commissioner Lima
seconded the motion. Motion carried with Commissioner Fletcher and Commissioner Miller abstaining from
voting.
DISCUSSION ITEMS
A.~. Partition 01-02, request to divide 57,872 square feet parcel into two lots of 35,277 square feet
and 22,644 square feet located at 110 Arney Rd., Dale Baker, applicant {Administrative
a~)~)roval}
Chairperson Young commented in speaking with Staff the site is currently zoned for restaurant use and there
is presently a fast food restaurant located on half of this property. He stated the alternative for the other side
would also be a fast food restaurant unless they were to apply for a Zone Change if the site was divided.
Vice Chairperson Cox moved to approve Staffs action. Motion was seconded by Commissioner Bandelow.
Motion unanimously carried.
B..~. Site Plan Review 01-05, temporary double classroom modular unit placement at Lincoln
Elementary School, 1041 N. Boones Ferry Road, Bill Key, Woodburn School District, applicant
{Administrative approval)
Vice Chairperson Cox remarked this is an issue that comes up every school year. He stated the whole
system of financing public education in the State is rotten and it is not going to get much better.
Chairperson Youn.q interjected Woodburn has a very high population of elementary school aged children.
He reported the next opportunity to vote on any proposal for increased funding for the school district will be
a year from this November. They are forecasting a need to have a place for the children to be for their
classes for the interim time between now and that period of time. He said the modulars are more expensive
than an actual classroom with the difference being that you pay for it a little at a time.
Commissioner Lima moved to approve the Administrative approval. Commissioner Fletcher seconded the
motion, which unanimously carried.
C._~. Site Plan Review 01-06, request to place a temporary double classroom modular unit located
at Heritage Elementary School, 440 Parr Road, Bill Key, Woodburn School District, applicant
(Administrative approval)
Commissioner Lima moved to approve Administrative approval for Site Plan Review 01-06. Motion was
seconded by Vice Chairperson Cox, which unanimously carried.
D_.~. Site Plan Review 01-07, placement of a temporary double classroom modular unit, Nellie Muir
Elementary School, 1800 W. Hayes St., Bill Key, Woodburn School District, applicant
(Administrative approval)
Commissioner Fletcher moved to accept the findings and decisions of the Community Development Director
for Site Plan Review 01-07, seconded by Commissioner Lima. Motion carried.
Eo
Site Plan Review 01-08, temporary double classroom modular unit placement at Washington
Elementary School located at 777 E. Lincoln St., Bill Key, Woodburn School District, applicant
Planning Commission Meeting - Ma), 10, 2001 Page 7 of 9
8B
(Administrative approval)
Commissioner Lima moved for approval of Site Plan Review 01-08. Commissioner Fletcher seconded the
motion, which unanimously carried.
REPORTS
A._=. Building Activity for April 2001
BUSINESS FROM THE COMMISSION
Commissioner Fletcher asked Commissioner Bandelow for a status update regarding Mill Creek ditch.
Commissioner Bandelow replied there is no new news. She reported the plans proposed by the Corps of
Engineers is so cost effective compared to what it would have cost the way the City wanted it in the first
place. Commissioner Bandelow further commented the shorelines on the creek need to be softened and
native plants put in. She stated her understanding is that the Corps of Engineers turned the proposal down
because the City refused to respond to their proposal for downstream mitigation.
Vice Chairperson Cox interjected he saw something in the City Council minutes where they went into
Executive Session and came out and voted not to appeal the decision of the Corps of Engineers.
Staff indicated he is not privileged to this information.
Commissioner Bandelow remarked it was explained to her that the only way the Corps would approve
closing the ditch was to do mitigation downstream. The City said all they were going to do was plant some
trees and the Corps turned it down. She indicated if the City will not appeal this decision then the City may
be looking at other things that will come up because they had meetings that occurred and promises that
were made and monies that were put up by people along side the ditch. Furthermore, she said the
homeowners and School District had no input as to this decision and were not even aware of the possibility
of any mitigation.
Commissioner Lima excused himself from the remainder of the meeting because he is leaving to Italy in a
few hours and will be there for three weeks.
Vice Chairperson Cox requested an update on the status of the Woodburn Company Stores LUBA
application and the decision made at City Council meeting last Monday.
Staff informed the Commission the City Council held a public hearing Monday night to consider the issues
addressing the LUBA remand that revolved around transportation issues. He stated the Council approved
it again and directed Staff to draft an Ordinance to adopt supplemental findings in support of their previous
decision. In essence, the applicant, the City and ODOT all got together and worked out a condition of
approval that would satisfy ODOT's concerns. Staff explained the new condition of approval requires the
applicant to pay it's proportional share of a portion of the interchange improvements. He stated the total
dollar figure is $36,000. As part of that condition, the money will be paid prior to Phase III approval and
ODOT will put the money into an account and hold it for no more than nine years or until they go out and do
the improvements. The anticipation is that the improvements will be done prior to that period of time. Staff
further commented the improvements would include adding a northbound and southbound dedicated turn
lane to get onto the freeway.
Vice Chairperson Cox also asked Staff what is the status of the originally required sign bridge?
Staff replied he does not know anything about that. He stated the applicant has done what they are
supposed to do but it is ODOT that needs to do their part of it now.
Vice Chairperson Cox inquired if the decision on the traffic study is going to be one of the items that will be
Planning Commission Meeting - May 10, 2001 Page 8 of 9
8[{
before the Commission at the time the Site Plan Review application comes forward?
Staff responded ODOT, in accepting this condition, has basically said they are not going to require any
further mitigation with the Site Plan for Phases II and II1. Furthermore, DLCD lost at LUBA with their housing
issue and they agreed to allow ODOT take the lead on the other issues. Staff said he does not expect to
have any adverse comments from any of these agencies with the Site Plan Review for Phases II and III
when it comes before the Commission.
ADJOURNMENT
Commissioner Bandelow moved to adjourn. Commissioner Fletcher seconded the motion.
unanimously carried. Meeting adjourned at 9:35 p.m.
Motion
APPROVED
Jim M~lc~er,
Com~u)~ity Development Director
City of~/Voodburn, Oregon
DATE
Date
Planning Commission Meeting - May I0, 2001 Page 9 of 9
$C
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
May 9, 2001
ROLL CALL:
Phyllis Bauer - Present Barbara Pugh -Absent
Marie Brown - Present Kevin Schiedler - Present
Ardis Knauf - Absent Pat Will - Present
Kay Kuka - Present Mary Chadwick - Absent
Ex-Officio
STAFF PRESENT: Linda Sprauer, Director
Judy Coreson, Recording Secretary
GUESTS: None
CALL TO ORDER:
SECRETARY'S
REPORT:
President Kay Kuka called the meeting to order at 12 Noon.
The monthly Board minutes of April 11,2001 were approved as submitted.
CORRESPONDENCE: None
PUBLIC COMMENT: None
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. The
number of people visiting the library for the month of April was 16,271. In
the month of April there were over 2000 people in attendance for 27
children and adult programs. Thirty Eight percent of library users are not
city residents which gives credence to the need for an increase in the
library non-resident user fee.
Activities: A list of activities was distributed to the Board. The usual library
programs are continuing. For National Pet Week, May 6-12, the
Woodburn Veterinary Clinic is doing the storytime today and bringing
animals for children to enjoy. The first of three Brown Bag Lunch
programs, "How to Grow Dahlias" is presented by Conwin McNair today
at 12:15 to 12:45 pm in the Carnegie Room; "Fitness and Exercise",
presented by Tamara Hammack-Ryan is May 16; and "How to Avoid
Fraud" is May 23. The library staff will do a book talk on Wednesday, May
30, at 12:15 pm in the Carnegie Room. Judy Brunkal is in the process of
planning "Music in the Park" beginning in July.
Staff News: A City Employee Appreciation was held Wednesday evening,
May 2. Seven of the library staff was awarded for their various years of
service: Shirley Baumgardner, 5 years; Beulah Leder, Jeannie Rogers,
8C
Mary Parra and Nicolette Wonacott, 10 years; and Donna Melendez and
Judy Coreson, 20 years.
Volunteer of the Month: Delores Sheinis was chosen Volunteer of the
Month for April.
2000-2001 Budget: The budgeting process is in its final stages. The
Budget Committee Hearing is scheduled for Tuesday, May 15, at 7 pm in
the City Hall Council Chambers. Then the budget will go to the City
Council Meeting on Monday, June 11, for final approval.
PYM Chair: Linda will be the Chair of PYM (Polk, Yamhill and Marion
Counties Libraries) beginning in June. CCRLS will fund the expenses for
Linda to attend the ALA (American Library Association) Conference held
in San Francisco June 14 - 20. As Linda will not be able to attend the next
scheduled Library Board meeting Wednesday, June 11, another library
staff member will attend the meeting.
OLD BUSINESS:
Project Update - Carnegie Exterior: The specifications for the repairs have
not yet been received from Dortignacq and Associates. Hopefully the bid
for this project will go out soon and the contract finalized for work to begin
in June.
NEW BUSINESS: None
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MAYOR: Linda will prepare a resolution to increase the non-resident library user fee
to be given to the City Council for their approval at their next meeting. The
Library Board approved this recommendation at their April 11th Board
meeting. Also, the City Council will be asked to pass a resolution of
support for CORE, an initiative for a Senate bill to provide funding for all
libraries in Oregon to be able to have electronic resources that they may
not be able to fund otherwise, or at a better price than is available
individually.
ADJOURNMENT: The meeting was adjourned at 12:30 pm.
Respectfully Submitted,
Judy Coreson
Recording Secretary
Library Board Minutes - 5/9/01 2
WOODBURN WORLD'S
BERRY CENTER M_USEUM
4~5 No~ FrontStreei ~ W~b~h O~n 97071 ~ (~) 982-9~31
M~em ~~~ee Mcc~ ~ut~ - May ~1
Museum G~ Shop ~a. May 14, 2001 ~ 7.00pm
_. Call to Order
Meeting called to order in the Museum Gift Shop at 7:00pm on May 14, 2001.
Commi,ttee Members:
Hazd Smith
Vance Yoder
Cindy Thomas (Chair)
Leonard Van Valkenberg
Absent Bill Klein .Absent
Present Loy Kkksey (Vi~-Chair) Present
Prese#t Amber Velasco Present
Present Ed Kahut _Absent
Staffi
Ke~ Merwin Present
8D
II.
III.
Committee Business
The Committee reviewed and unanimously approved the draft minutes for the March
2001 meeting.
Conespondence
A. Have added the museum as an affiliate of Oregon Historical Society. This gives
the museum the ability to qualify for many assistance programs and borrowing
exhibits. Some of the programs have a fee attached.
B. Students from teacher Diana Allowitz's class wrote thank you letters to musuem
volunteers. The students had come to the museum on a school feild trip they took
last month.
IV.
Museum Use Report
Staff repo~ted an increase in visitors d,,ring March through May of almost four
hundred percent as compared to the December through March period. The numbers
went up to 210 visitors from the previous period of 65 visitors.
Mus~ Cevt~itt# Mitmtt. r
May 14, 200I,~ Page 1 ~4
8D
V. Discussion Items
New Storage ma trader o/]Tce. A new wall was constructed that has allowed for
the area under the office in the museum to serve as storage for larger, less delicate
items in the musomVs collections. This will also enable for the rotation of exhibits.
TI;eater Use, The Bungalow Theater is o~rrenfly being used by a Latino theater
group for practice space. The theater was also used to show films to the five classes
of elementary students that visited during April/May as well as was rented for a
homeschooling graduation ceremony.
Sec'ud~ Sj~tem. The additional fimds request to finance a security system was
approved. This will mean that a security system will be installed in the month of July
2001. The security system will allow the museum to borrow exhibits from other
institutions as well as provide a measure of safety for the museum's own collections.
Book Sale, On April 21, the theater gift shop was the location of a used book sale
that netted the museum 261.00. The funds will help finance new exhibit pedestals.
Historical W~ Toa'. The walking tour which took place on April 14, was very
successful, drawing 17 participants ranging in age from 2 to 89. The walk focused on
the downtown locations and several of the participants added their own memories to
the tour, creating a very interactive experience. Kezia Mex~fin has planned three
other walking tOUrS dnring the summer, each with a different focus.
Cosistmactl'oa~ o£a new dootway ~rom museum to tfieatet. The request for funds
to create a passway through the front of the theater and museum was approved. The
doorway will allow for the front area of the theater to serve as additional exhibit
space. Construction on that project will begin in mid-summer.
Doliated Items. The museum has received donated items includinff an extensive
collection of rocks, fossils, bones, and butterfly speciments: an Native American
fishing net rock anchor; a world wax II merchant marine uniform; a matchbook
collection; and two cannonballs from Fort Vancouver.
Exhibit Pedestals. The high school woodshop students axe making ten pedestals
for the museum. They will be used for exhibiting larger, less fragile items.
M##a~ Comn~ittee Minutes
May 14, 200l~ Page 2 of 4
8D
Vie
Publicity' Btac~ares. The need for developing publicity materials has prompted a
search for volunteers with publishing software experience. Chemeketa and PC users
groups have been identified as potential resources for assistance.
Or, on Hctit~ Co--ce Update. May 4 & 5 were the dates of the
confexence which Kezia Merwin attended. The conference had several optional
sessions and Kezia attended the ones whose topics included: planned
giving/bequests, new exhibit theory, working with the press for historical publicity,
and organizing museum collections. These were all useful in different ways although
the collection management and planned giving sessions were partio~hrly informative.
Mey, ex Memodal Tt~st Gmat~ The Woodbum Museum has redeved a $6,400
grant for the construction of a environmentally controlled, secure storage space in
City Hall basement. The monies will cover the expenses of construction and interior
shelving.
Ice Age F/ood/zteaptetive Ce~te~'. The NPS has considered Woodbum as a site
for an interprerve center, although several other Oregonian dries are also under
consideration. The museum intends to create an exhibit about the flood regardless
of the NPS's decision. The Missoula Flood was insm~mental in the natural history of
the region and therefore the museum has an obligation to that history.
Etldowmea~t Fucad. The Museum Committee agreed that an endowment fund
needs to be established for reasons of attxacti~ future donations. Currently there is
$4,000 available to start the fund.
Committee-Identified Discussion Items
Studea~t Committee Member. Amber Velasco will serve as student committee
member through August and then the Mayor will need to appoint a replacement.
The committee agreed that some sort of farewell celebration should be planned.
Iasta!lraea~t o£s~eur exhibits. The inst~llrnent will take phce during the summer of
2001. Advance volunteer help is being solicited.
Farmer's Market. The Saturday market is an opportunity for the museum to gain
visitors. The museum will set out pamphlets at the market's information table to
distribute to the shoppers.
Mum~ C~mndtt# Mi##tts
Mq 14, 2001t~ Pa~ 3 of 4
8D
Vie
Adjourn
The Committee adjourned at 8:40 p.m.
VII. Approval of Minutes
Approved:
Attest:
Cindy Thomas, Chairperson
Kezia Metwin, Museum Director
Date:
Date:
Mtmm# Comr~tt~ Mt'rmtts
May 14, 200t~, Page 4 of 4
Mission Statement'
that result in ~
gro'
The City of Woodburn
Livability Task Force
mission of the Livability Task Force to create and promote programs
unity where there is pride in property ownership, with a full range of
ample recreational, cultural, and entertainment activities for all age
~urther mission to create and promote an environment where all
'ct with each other, will celebrate their unique traits and diversity,
.ommon sense of community."
~qoodbum Livability Task Force Meeting Minutes - May 2001
Ci(y Hall Conference Room i~Mq I0, 2001 i~, 7:00pm
I. Call to Order
8E
Meeting called to order in the City Hall Conference Room at 7:10 on March 15, 2001.
Task Force Members:
Pete McCallum
Mike Bergeron
Lisa Rllsworth
Betty Guzman
Staff:
Kezia Merwin
Present
Present
Present
Present
Present
Jane Chtistoff
Nancy A. Kirksey
Victoria Bellum
JoAnn Bjelland
Present
Present
Absent
Present
Guests
Fabian Bell, resident
Albert Ponce, resident
II.
III.
IV.
Correspondence
A. Nancy Kkksey distributed copies of the Statesman Journal article about Woodbttm.
Positive press coverage noted and appreciated.
Approval of March minutes
Progress Repons
A. Spcin~ Clea~n-up. Coverage in Indqoendent discussed - the paper did not issue the
press release until the day of the Clean-up. The dean up was successful with four
organizations - The Woodbum Kiwanis, The Woodbum Thunder girls soccer team,
the Woodbum Key Club, and PGE - providing over 60 participants. With future
dean-up events, the Livability Task Force will work to get more corporate/business
sponsorships and volunteer participation.
B. Front Street Park. Betty Guzman provided an update about the proposed park.
Lt'ndd~fy Tack Fora Mi~m
May tO, 200t .~.Pag, 1 of 3
8E
The Woodbum Parks and Recreation Department has offered to pay one half of the
park's construction costs. The other funds will be derived from McDonalds,
WalMart, and Woodbum Together funds.
C. Farmecs Macket (Satucday MackeO. Mike and Lisa discussed the need for
residents to come to market to shop. The problem seems to be lack of buyers, which
has affected the number of willing vendors. There are 11 vendors with a few more
scheduled for next week's market. Mike suggested that community groups hold an
events such as a pancake breakfast or strawberry day at the market to bring new
people down to the market. Partial costs for the banners will be paid by the Task
Force - $6S0 - as agreed upon by Pete McCallum and other members.
D. Flower Baskets, JoAnn reported that 97 baskets have been paid for and she's
anticipating 100. Task Force members stated that they look great.
E. Traffic Ordinance. April 17 City Council meeting - approval of the revised
traffic ordinances. The hiring process is currently underway for a second code
enforcement officer.
V. Discussion Items
A. Education program £or ordimmces. Residents need to be informed of the
dates that Public Works picks up leaves and accepts leaves at the Cleveland Yard.
This is something that could be advertised on the water bill.
B. Ordinance Revisions. Potential public service advertising outlets are: WCAT,
waterbill insert, Independent, educational pamphlets, series of subject-specific
brochures, RadioFiesta (cost involved), neighborhood watch/groups meetings. The
advertising should be in the appropriate multiple languages.
1. L.T.F. members have been assigned research on the following advertising
options: Pete, Indq~endent; Kezia, WCAT; Mike, RadioFiesta: Jane, pamphlet;
Kezia & Jane, waterbill inserts.
C, Neighbors N~gbt Out. The group expressed interest in passing ordinance
information out at this event. A good way to get public educational information
disseminated.
Volunteer Orgard~r. ation Update. Pete stated that he will talk with John Brown
about parmering in some day with the School District liaison.
Items £ornext meetir~.. Work on L.T.F. goals.
Public Comment.
A. Fabian Bell suggested an ordinance to maintain vegetation on private property,
Ia'vabilify Task Force Minutes
M0, 10, 2001 ~ Page 2 of 3
8E
specifically the eradication of weeds.
B. Albert Ponce agreed that meetings with neighborhood groups are a good method
to gauge specific neighborhood concerns.
Adjourn
The Committee adjourned at 9:00 p.m.
Livabi~fy Ta~k Forte Mins#t$
Mqy 10, 2001 ~a, Page 3 of 3
8F
Memo
To:
From:
Date:
Subject:
Mayor and Council
Ben Gillespie, Finance Director
John Brown, City Administrator/,. )J0'/ '
June 1, 2001
Audit of PGE Franchise Fee Remittances
The City of Woodburn has joined twenty-one other cities in the Portland/Salem area for the purpose of
conducting an audit of Portland General Electric's (PGE) franchise fee payments to local governments.
FY 1999-00, the City of Woodbum received $299,658 from its PGE franchise agreement.
In
The 22 cities have entered into an inter-local agreement (IGA) and have taken the name Local Franchise
Revenue Audit Group (LFRAG). The group has hired a consultant, DMG Maximus, to accomplish two
tasks:
Review franchise fees paid in 1999 to the local governments to ensure that PGE is appropriately
calculating "gross revenues" under these franchise agreements, and to ensure that billings are coded
correctly so that each local government receives the appropriate franchise fees.
2. Obtain a customer list for the year 2000 so that the local governments can perform a database
comparison to ensure that PGE's database is accurate and up to date.
Some of the other cities joining in the IGA include Portland, Beaverton, Salem, Oregon City and Tualatin.
The City of Tigard is the lead agency and Hillsboro is the managing agency.
Woodbum's share of the costs are estimated to be less than $1,800. Additional franchise fees payable to the
City as a result of the audit are expected to exceed that amount.
City of Woodburn
Police Department
Date:
From:
To:
Thru:
Subject:
STAFF REPORT
270 Montgomery Street Woodburn, Oregon 97071
May 17, 2001
/~ Chief of Police
Mayor and Council
John Brown, City Administrator
Police Department Activities - April 2001
(503) 982-2345
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.
8G
8(;
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR MARCH 2001
I. CIRCULATION
Current: 14,224
Adult: 11,104
Children: 3,120
In-House Use: 2,549
II. INTERLIBRARY LOAN
Books Loaned:
CCRLS:
In-State Special:
912
Books Borrowed:
910
0
CCRLS:
In-State Special:
1,041
111. REFERENCE
1018
0
Woodburn
2001 1,108
2000 919
1999 1,174
1998 1,062
Referrals
IV. VOLUNTEER HOURS WORKED
V. LIBRARY SPONSORED PROGRAMS
71
41
63
40
VI.
162 1~
For Adults: 13
For Children: 14
FINANCE
No. Attending:
No. Attending:
ILL Postals
Fines
Lost Books
Copies
Rural Fee
Donation
Collection Fee
Other
5.25
1,058.04
88.25
103.65
925.00
0.00
50.00
138.63
- Misc.
Previous: 2000
1999
1998
All Other In-State:
Out-Of-State:
All Other In-State:
Out-Of-State:
Other
1,268
1,079
1,364
1,055
213
1,919
14,275
14,454
16,424
2
0
21
2
Total
2,447
2,039
2,601
2,157
TOTAL
2,368.82
Monthlv Statistics' Mamh 2f~131 ~
VII. HOLDINGS
Audio Cassette
Audio Cassette Holiday
Book
YA-Holds Restriction
Camera
Compact Disc, Music
Compact Disc, Sp.
Cassette Player
Circ Software
Video Cassette
Video Holds
Engraver
Fast Cat - 3 Wks
Fast Cat - 7 Day
Headphones
Juvenile Grant Kit
Woodburn ILL
Woodburn ILL Out Of State
Juvenile Audio Cassette
Juvenile Book
Juvenile-Holds Restriction
Juvenile Video Cassette
Juvenile Video Holds
Juvenile Holiday Book
Juvenile Holiday
Juvenile Puppet
Juvenile Paperback
Juvenile Periodical
Juvenile Reference
Juvenile Tote Bag
Long New Book
New Book
New Periodical
Pamphlet, Map
Paperback
Periodical
Projector
Puzzles/Games
Reference
One Hr. Reserve
Circulating Software
Woodburn Stats Only
Woodburn Stats Only ILL
TOTAL
1,266
38
37,825
0
4
132
23
5
6O
832
1,236
2
5
3
7
8
7
1
33O
17,979
18
648
111
498
7
0
13
402
240
80
271
289
234
19
2,803
6,556
5
0
2,454
97
1
1
1
74,511
Monthly Statistics: March 2001 2
New Adds For The Month of March: 763
VIII. PATRON LOAN TYPES
Adult Resident
Adult Non-Resident
Senior Resident
Senior Non-Resident
YA Resident
YA Non-Resident
Juvenile Resident
Juvenile Non-Resident
Reference Staff
Library Staff
Outreach
Visitor
City Department
TOTAL
4,353
3,130
889
271
1,030
732
1,118
576
5
23
20
19
7
12,173
Monthly Statistics: March 2001 3
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR APRIL 2001
I. CIRCULATION
Current: 12,069
Adult:
Children:
In-House Use:
II. INTERLIBRARY LOAN
Books Loaned: 806
CCRLS:
In-State Special:
Books Borrowed: 1,073
CCRLS:
In-State Special:
9,590
2,479
1,341
805
0
III. REFERENCE
Woodburn
2001 1,043
200O 845
1999 970
1998 1,004
1,054
0
IV. VOLUNTEER HOURS WORKED
V. LIBRARY SPONSORED PROGRAMS
VI.
Referrals
Previous: 2000 11,552
1999 11,748
1998 12,682
Adults: 10
Children: 15
FINANCE
ILL Postals 3.25
Fines 915.64
Lost Books 53.41
Copies 126.53
Rural Fee 700.00
Donation 0.00
Collection Fee 15.00
Other 103.16
11,059.10
All Other In-State: 1
Out-Of-State: 0
All Other In-State: 14
Out-Of-State: 5
Other
Total
60 1,288 2,391
51 1,053 1,949
49 1,358 2,377
81 1,281 2,366
118 3/4
No. Attending: 156
No. Attending: 2,902
TOTAL 12,976.09
- Misc.
- CCRLS Use-Based Reimbursement
Vii. HOLDINGS 8i-i
Audio Cassette
Audio Cassette Holiday
Book
YA-Holds Restriction
Camera
Compact Disc, Music
Compact Disc, Sp.
Cassette Player
Circ Software
Video Cassette
Video Holds
Engraver
Fast Cat - 3 VVks
Fast Cat - 7 Day
Headphones
Juvenile Grant Kit
VVoodburn ILL
VVoodburn ILL Out Of State
Juvenile Audio Cassette
Juvenile Book
Juvenile-Holds Restriction
Juvenile Video Cassette
Juvenile Video Holds
Juvenile Holiday Book
Juvenile Holiday
Juvenile Puppet
Juvenile Paperback
Juvenile Periodical
Juvenile Reference
Juvenile Tote Bag
Long New Book
New Book
New Periodical
Pamphlet, Map
Paperback
Periodical
Projector
Puzzles/Games
Reference
One Hr. Reserve
Circulating Software
Woodburn Stats Only
Woodburn Stats Only ILL
TOTAL
1,264
38
37,916
0
4
132
23
5
6O
854
1,249
2
5
3
7
8
7
4
329
17,627
18
663
111
498
7
0
11
434
242
8O
354
358
238
2O
2,826
6,684
5
0
2,452
97
1
1
1
74,638
Monthly Statistics: April 2001 2
8/-1
New Adds For The Month of April: 661
VIII. PATRON LOAN TYPES
Adult Resident
Adult Non-Resident
Senior Resident
Senior Non-Resident
YA Resident
YA Non-Resident
Juvenile Resident
Juvenile Non-Resident
Reference Staff
Library Staff
Outreach
Visitor
City Department
TOTAL
4,292
3,067
879
26O
1,007
724
1,106
567
5
23
22
2O
8
11,980
Monthly Statistics: April 2001 3
8]
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street Woodbum, Oregon 97071 (503) 982-5246
Date: June 1, 2001
To: Jim Mulder, Community Development Director
From: Building Department
Subject: Building Activity for May 2001
1999 2000 2001
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 14 $1,321,065 9 $822,173 13 $1,370,390
Multi Family 1 $142,700 0 $0 0 $0
Residential Adds & Alts 4 $69,972 1 $30,000 3 $62,300
Industrial 0 $0 0 $0 0 $0
Commercial Value 2 $745,000 0 $0 1 $7,769
Signs, Fences, Driveways 4 $8,419 4 $15,598 1 $3,500
Manufactured Homes 4 $233,180 2 $107,000 0 $0
TOTALS 29 $2,520,336 16 $974,771 18 $1,443,959
July I - June 30
Fiscal Year To Date $29,203,318 $28,307,403 $15,370,305
I:~Community Development~Bldg~Building Ac'dvi~uilding Acflvfly - 2001~acfivity - May 2001 .wpd
I-
u.I
8.]
MEMO
TO:
FROM:
City Council through City Administrator
Public Works Program Manager J,~2~/
SUBJECT: I-5 Sign Bridge Update
DATE: June 7, 2001
The construction plans have been completed by the Oregon Department of
Transportation (ODOT) for the sign bridge but approvals are causing some delays at
this time. The plans are still awaiting approval from the Bonneville Power
Administration (BPA). BPA has been closely coordinated with by ODOT during the
design process for the sign bridge and have had the final plans for approval since early
May 2001. ODOT has not received approval of the plans as of the date of this memo.
Since ODOT did not receive approval of the plans from BPA, they have pushed back
the planned bid award date from July 26, 2001 to August 23, 2001. ODOT has been
contacting BPA on the approval and they anticipate that the will have the approvals in
time to meet the time lines for the August 23, 1001 bid award date.
81,
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager~- ~/
Hardcastle Avenue Railroad Crossing Update
June 6,2001
INFORMATION: Union Pacific Railroad staff has communicated to Public Works staff
that they will evaluate the crossing repair need for which they are responsible by June 13,
2001. We expect that the evaluation will lead to start of repair of the pavement at the
crossing within the next few weeks
BACKGROUND: The rough condition of the railroad crossing at Hardcastle Avenue
has been the subject of citizen complaints. The Union Pacific Railroad is responsible for
all maintenance of railroad grade crossings from the centerline of the tracks to 2 feet
outside the last rail in both directions from the centerline. The city or any other agency is
not allowed to perform street or sidewalk maintenance within this area. The area causing
the problem at this crossing is within the railroad area of responsibility.
The city contacted Union Pacific maintenance personnel responsible for this grade
crossing. They plan to install concrete crossing material at the Hardcastle crossing.
They have prepared a section of track on 10 foot ties which are required for the concrete
crossing material which is in place near the crossing. They plan to utilize concrete
crossing material from the existing Settlemier Avenue crossing which will be replaced as
part of a roadway modification project that will be bid this summer. As part of the railroad
portion of that project new crossing material will be placed by Union Pacific Railroad
maintenance crews at Settlemier. The existing concrete crossing material has not been
in place very long and is in excellent condition. The Settlemier project will probably not
be done until this fall.
Since the new crossing material for upgrade of the Hardcastle crossing will not be
available until later this fall, Union Pacific was asked to evaluate the condition of the
crossing due to the number of complaints and, if possible, to make interim asphalt repairs
to the crossing area. Union Pacific indicated that they would respond to the city's
evaluation request by June 13, 2001.
The city has also contacted the ODOT Railroad Division contact for grade crossing
condition matters. They indicated that they may also to assist the city in getting repairs
made to the crossing if a satisfactory response is not received from Union Pacific.
IOA
Memo
TO:
FROM:
DATE:
SUBJECT:
Mayor & Council ~ql¥\
Ben Gillespie, Finance D'ir~cq?oor through
John Brown, City Administrator ~
June 1,2001
2001-02 Budget Hearing
On May 15, 2001 the Budget Committee concluded their hearing on the City's 2001-02 budget
and unanimously recommended that the budget document be forwarded to the City Council for
the next phase of the budget process.
As required by Oregon Budget Law, the notice of this hearing date, along with the financial
summary, was published in The Woodburn Independent on May 30, 2001. The financial summary
documents a City budget totaling $39,979,822. It includes the Committee's recommendation to
impose the property tax limit of $6.0534, and to impose a levy of $180,000 for bonded debt
which is excluded from the statutory limitation.
Upon completion of the hearing before the Council, staff recommends that the Council authorize
staff to draft a budget ordinance based on the Committee's recommendation, including allowable
budget adjustments that do not change the tax levy requirement.
Management recommends two changes to the Budget Committee's Recommended Budget:
establishment of an endowment for the Museum in the amount of $4,000 and increasing the
Mayor and Council's budget by $7,000 for updating ward maps to reflect current census date.
Cash to fund the endowment would be transferred from the General Fund to a new fund. For
2001-02 the entire amount would be budgeted in Contingencies in the Museum Endowment Fund.
The Council of Governments has offered to update ward maps using their geographic information
system. The cost is not expected to exceed $7,000.
If the Council approves these two changes, total appropriations will be $15,000 greater than the
amount approved by the Budget Committee. In the General Fund Contingency will decrease
$11,000, and Transfers will increase $4,000, and Mayor and Council expenses will increase by
$7,000. In the Museum Endowment Fund, Transfers In will be set at $4,000 and Contingency
will be established at the same amount.
Mid-Willamette Valley
Council of Governments
105 HIGH STREET S.E. Telephone (503) 588-6177
SALEM, OREGON 97301-3667 FAX (503) 588*6094
E-Mail mwvcog @open.org
VICE CHAIR:
JON "RANDY" BROWN
MARION COUNTY FIRE DISTRICT #1
CHAIR:
MAYOR STEVE LITTRELL
CITY OFTURNER
EXECUTIVE DIRECTOR:
DAVID A, GALATI
.EC O
MEMORANDUM
JUN 0 7 2001
June 6, 2001
To:
From:
Jim Mulder, Director of Community Development
City of Woodburn
<
Mid-Willamette Valley Council of Governments
Subject: Ward Boundaries
IOA
The Council of Governments is willing and able to assist the City of Woodbum in updating its
ward boundaries utilizing 2000 Census data and city council approved criteria. This draft plan
would be submitted to the city council for review. Information regarding population numbers
and racial and ethnic characteristics of proposed wards would be prepared.
In order to provide flexibility to the Council in the process used to determine new ward
boundaries, the following scope of work is presented in two parts: the "basic" work plan
common to any effort, and the "optional" work elements that the Council may use to define the
Council's interaction with the work effort.
Basic Work Effort
This includes preparation of one draft reapportionment plan, preparation of maps and data
describing that plan, access to software and data, preparation of a staff report, and attendance at
one City Council meeting. The estimated cost of the basic work effort is $3,750.
Optional Work Elements
Additional alternative reapportionment plans: $500 each
The Council may wish additional alternatives to choose between at its initial review or an
additional plan prepared in response to Council's review of the draft plan. Each alternative
would include a map and explanation of differences with the basic reapportionment plan.
MEMBER GOVERNMENTS:---COUNTIES: Marion, Polk, Yamhill. CITIES: Amity, Aumsville, Aurora, Cadton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City,
Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Scoffs Mills, Shedden, Silverlon, St.
Paul, Stag(m, Sublimity, Turner, Willarnina, Yamhill. SPECIAL DISTRICTS: Chehalern Park & Recreation District, Chemeketa Cornrnunily College, Marion County
Fire District #1, Salem Area Transit District, Salem/Keizer School District 24J, Willamette Education Service District, Yarnhill Education Service District, Yamhill
Soil & Water Conservation District. INDIAN TRIBE: Confederated Tribes of the Grande Rondo Comrnunity.
Additional Meetings or Council Work Sessions: $500
A standard Council work session, with a presentation by COG staff with discussion by
the Council.
Informal Open House: $1,000
Advances in technology allow for the provision of an opportunity for council members
and the public to have "hands on" access to the reapportionment data. An informal open
house would provide an afternoon in which computer operators would be available to answer
questions about the draft reapportionment plan(s). The open house format would allow
councilors to test ideas and answer questions prior to a formal meeting, thus allowing a more
informed discussion.
Schedule
It is anticipated that this work would take place during July, August, and September. A specific
schedule would be developed that corresponds to the City Council's needs.
Criteria Used in Reapportionment
It is proposed that the following criteria (contained in ORS 188.010 and used for statewide
reapportionment) form the basis for reapportioning the ward boundaries:
(1) Each district, as nearly as practicable, shall
(a) Be contiguous;
(b) Be of equal population;
(c) Utilize existing geographic or political boundaries;
(d) Not divide communities of common interest; and
(e) Be connected by transportation links.
(2) No district shall be drawn for the purpose of favoring any political party, incumbent
legislator or other person.
(3) No district shall be drawn for the purpose of diluting the voting strength of any language
or ethnic minority group.
In the past, the city has also considered the following criteria in determining ward boundaries:
(4) Retain each incumbent councilor's residence within the same ward number.
Previous experience has shown that all of these criteria cannot be met in all cases, thus the use of
the phrase "as nearly as possible."
While COG has access to census data, suggestions as to the locations of specific "communities
of common interest" (and why) would be accepted and considered.
10A
2
The City Council should adopt these or some other appropriate criteria for use in the current
reapportionment effort.
We look forward to working with you on this project. Please call if you have any questions or
need any additional information.
IOA
RS:sq
CITY OF WOODBURN
Community Development
MEMORANDUM
10B
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
June 11, 2001
Honorable Mayor and City Council thru City Administrator~~
Jim Mulder, Director of Community Development ~J~
Annexation 01-02 and Zone Change 01-02
Recommendation
The City Council has the following options pertaining to this proposal:
1) Concur with the Planning Commission's final order and approve
Annexation 01-02 and Zone Change 01-02,
2) Modify the Planning Commission's final order,
3) Deny Annexation 01-02 and Zone Change 01-02.
It is recommended that the City Council instruct staff to prepare an ordinance to
substantiate the Council's decision.
Background
At their hearing on April 26, 2001, the Planning Commission reviewed a request by
Woodburn Carcraft to approve an annexation of a 1.5 acre site into the City of
Woodburn and a Zone Change from Marion County Commercial General (CG) to the
City's Commercial General (CG) District. The subject property is located on the east
side of Hwy 99E at 220 S. Pacific Hwy.
On May 10, 2001, the Planning Commission approved an order recommending that the
City Council approve Annexation 01-02 and Zone Change 01-02.
Attachments:
Exhibit A:
Exhibit B:
Exhibit C:
Planning Commission Final Order, dated 5/10/01
Planning Commission 4/26/01 Minutes
Planning Commission 4/26/01 Staff Report
10B
EXHIBIT "A"
Planning Commission Final Order
5/10101
10B
ODBURN
Incorporated 1889
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
ANNEXATION 01-02
ZONE CHANGE 01-02
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 April 26, 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
01-02 and ZC 01-02 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 01-02
and Zone Change 01-02 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:
oyVce Youn~/Chair~,l'son
Date:
Staff Report: Annex 01-02, ZC 01-0Y.~~l~-6~a~t Dei~a~meat
270 Montgomery Street · Woodburn, Oregon 9707t
Ph.f03-982-5246 · Fax 503-982-5244
Page 1
10B
II.
III.
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
NATURE OF APPLICATION
The applicant is requesting to annex a commercial property along the North
Pacific Hwy into the City of Woodburn and change its zoning from a Marion
County commercial district to a City commercial district. The site is currently
developed with an auto body repair facility.
RELEVANTFACTS:
The property is located at 220 S. Pacific Hwy, further described on Marion
County Assessor Maps as Township 5 South, Range 1 West, Section 17BC Tax
Lot 1200. The site is in Marion County and is designated as Commercial
General (CG) under county zoning. The property is designated as Commercial
on the City's Comprehensive Plan Map and would be zoned Commercial General
(CG) District at the time of annexation.
The site is fully developed with an auto body repair facility. The property is
virtually fiat and is 1.5 acres in size. There is landscaping along the perimeter of
the property and along the highway frontage. There are three existing structures
which total 20,450 square feet in area.
The adjacent properties to the north, east and south are also outside of the City.
The properties to the north and south are under the same County zoning
designation (Commercial General), and the adjacent property to the east is
zoned Industrial. To the north is the Oregon Pacific Construction Company, to
the south is the Centennial Manufactured Home sales site, and to the east is the
Agri-Frozen Foods site. Highway 99E runs along the west of the site. On the
opposite side of the highway are the Woodburn Veterinary Clinic, Bales & Brady
Towing, and the Fleetwood Manufactured Homes sales site.
The property owner is requesting annexation of the property in order to connect
to the City water service for a fire suppression system. Before a property can
receive City facility services, it is required to be within the City limits, resulting in
this annexation and zone change request. With the exception of the proposed
water connection, 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 CG District. This use is to remain the same when annexed.
RELEVANT APPROVAL CRITERIA
ANNEXATION 01-02
Staff Report: Annex 01-02, ZC 01-02 "Woodbum Carcraft" Page 2
10B
IV.
A. OREGON STATEWIDE PLANNING GOALS
Bo
WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
X. The Land Use Plan
B. Commercial Lands
F. Transportation Plan
XI. Implementation of the Plan
F. Transportation Plan
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 01-02
A. WOODBURN COMPREHENSIVE PLAN
Bo
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 01-02
A. Ore.qon Statewide Plannin.q 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 City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing auto body use is permitted
as an Optional Business in this district.
Staff Report: Annex 01-02, ZC 01-02 "Woodburn Carcraft" Page 3
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 changes to the site as part of the annexation and zone
change request. 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 any alterations 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, 1-5-
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. Since
the property is also developed with a commercial business, no new
commercial area would be established as part of the proposed annexation
and zone change.
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 buildings on the property are in good condition, and
one of the buildings was recently constructed in accordance with Marion
County building requirements. There is existing landscaping between the
highway and the parking area at the front of the site. This landscaping
reduces visual impact of the parking area as viewed from Hwy 99E.
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 Report: Annex 01-02, ZC 01-02 "Woodburn Carcraft" Page 4
lOB
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial business. Since the adjacent
properties to the north, south and those on the opposite side of Hwy 99E are
developed with commercial establishments as well, a compact service and
cohesive land area would be maintained. There is an existing water line
which runs along the front of the property in ODOT right-of-way. The property
owner is requesting to connect to this water line, and it has been indicated by
the Public Works Department that the line has the capacity to serve the site.
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 City
water for a fire suppression system. As mentioned, the Public Works
Department indicates 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 additional impact on the
community.
D-3. The goal is to achieve greater utilization of land within the City by:
c. 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 ali benefited
residents and development by incorporating all territory into the
City limits that will be of benefit.
FINDING: Since the subject property and its surrounding properties are within
the urban growth boundary and are developed, an efficient pattern of
development has been established. Since the Comprehensive Plan intends
for properties within the urban growth boundary to receive urban services and
for those services to be maximized, this annexation would further such intent
by connecting to City water.
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.
FINDING: The City water adjacent to the property is suitable for the
property's use. It has been planned and constructed to meet the needs of its
Staff Report: Annex 01-02, ZC 01-02 "Woodbum Carcraft" Page 5
10B
adjacent properties. Furthermore, the additional connection to the City's
water system would help distribute its cost.
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 has an 80-foot wide right-of-way along the subject
property. Its existing improvements include 4 travel lanes with no 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, and 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: Hwy 99E is a major arterial as indicated on the Woodburn
Transportation Systems Plan. There is no sidewalk along the front of the
property. There is a five (5) foot wide sidewalk on the opposite side of Hwy
99E. The property owner may be required to provide a sidewalk along the
property's frontage at such time that future construction is made to 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.
FINDING: There is one access directly onto Highway 99E from the subject
site. This is the only access the property owner has to public right-of-way
since no shared access exists with the adjacent businesses. As a result,
additional access consolidation is not feasible at this time.
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, City water is available to the property and has
adequate capacity to serve the site. Sanitary sewer is presently not available
to the site. The facilities on the property are connected to a private septic
system. At this time, Public Works is not requiring connection to sanitary
sewer. However, connection could be required when sewer is made available
to the site.
Staff Report: Annex 01-02, ZC 01-02 'Woodbum Carcraft" Page 6
10B
M. Growth and Urbanization Policies
M-I. 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: The City has made water service available to the site. The
annexation is not in response to growth but is rather for upgrading of the
existing facility on the property to meet Fire Code guidelines.
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."
FINDING: The property has been developed with a commercial
establishment for many years. It is not adjacent to any property which is
zoned or used for residential purposes. Since the property is not undergoing
any additional improvements at this time, access control policies are not
required to be met. At the time that future improvements or construction take
place on the site, the City and ODOT will have the opportunity to address
such policies.
Xl. Implementation of the Plan
F. Transportation Plan
Staff Report: Annex 01-02, ZC 01-02 "Woodburn Carcraft" Page 7
lOB
FINDING: Since no improvements or changes are being made to the site,
other than the water line connection, there will be no change in impact on the
City's transportation systems. Access to the site has been in place for many
years and is proposed to remain in its current condition.
C. Woodburn Transportation Systems Plan
FINDING: As mentioned, this proposal would not cause a change in impact
on the City's transportation systems. As a result, the applicable goals and
policies in this plan will not be affected.
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
property is Commercial on the Comprehensive Plan Map, and the existing
use of an auto body repair facility 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
Staff Report: Annex 01-02, ZC 01-O2 'Woodburn Carcraft" Page 8
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 General (CG) Zone to the City's Commercial
General (CG) District. The zone change is necessary in order for City zoning
to be established on the property once it is annexed from Marion County.
This zone designation is compatible with the use on the subject property 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:
FINDING: It has been indicated that the business on the subject property has
existed for 26 years. As a result, its need has been established and its
location has proven to meet that need. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
neighboring land uses. In addition, the CG zone will match the existing CG
zoning of the neighboring properties within the City.
10B
CONCLUSION AND DECISION
Based on the applicable review criteria, the findings in this report, and the
information provided by the applicant, The Woodburn Planning Commission
recommends approval of Annexation and Zone Change Case No: ANNEX 01-02
and ZC 01-02, subject to the conditions of approval in Exhibit "B".
Staff Report: Annex 01-02, ZC 01-02 "Woodbum Carcraft" Page 9
10B
EXHIBIT "B"
CONDITIONS OF APPROVAL
Community Development Department
General Conditions
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.
Public Works Department
Required system development fees shall be paid at the time of connection
to the specific city service.
Water service, for both domestic and fire protection can be provided after
the property has been annexed. Service requirements shall conform the
City of Woodburn standards and specifications.
The City of Woodburn has no sanitary sewer main adjacent to this
property to provide service. The closest existing sanitary sewer main is
located at the end of Cannery Road. The property owner will be
responsible for any cost and/or fees associated with providing service to
the property in the future.
Staff Report: Annex 01-02, ZC 01-02 "Woodburn Carcraft" Page 10
lOB
EXHIBIT "B"
Planning Commission Minutes
4/26/01
lOB
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
Vice Chairperson
Commissioner
Commtssioner
Commissioner
Commtssioner
Commissioner
Commissioner
Commissioner
Young A
Cox P
Fletcher A
Miller P
Lima P
Mill P
Bandelow P
Lonergan P
Heer A
Staff Present:
Naomi Zwerdling, Senior Planner
Scott 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.
PUBLIC HEARING
A_~. Annexation 01-02 and Zone Change 0t-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 Parte 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 Miller 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.
Additionally, Commissioner 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 project.
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
10B
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 Ap~)licant(s)
Dou.q Templeton, 7401 NE Do,qrid.qe Rd.1 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 Doqrid,qe Rd., Newber,q, OR reported she is Doug Templeton's wife, owner of
Woodburn 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.
Commissioner 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. Commissioner Loner,qan seconded the motion, which unanimously carried.
10B
EXHIBIT "C"
Planning Commission Staff Report
4/26/0'1
lOB
STAFF REPORT
WOODBURN PLANNING COMMISSION
Annexation 01-02
Zone Change 01-02
"Woodburn Carcraft"
April 26, 2001
APPLICATION INFORMATION:
Applicant:
Doug Templeton
220 $. Pacific Hwy
Woodburn, OR 97071
Property Owner: Same as Applicant
Application Deemed Complete: March 8, 2000
120 Day Rule Deadline: Not applicable
Staff Report Available for Public Review: April 19, 2001
II. NATURE OF APPLICATION
The applicant is requesting to annex a commercial property along the North
Pacific Hwy into the City of Woodburn and change its zoning from a Marion
County commercial district to a City commercial district. The site is currently
developed with an auto body repair facility.
III. RELEVANT FACTS:
The property is located at 220 S. Pacific Hwy, further described on Marion
County Assessor Maps as Township 5 South, Range 1 West, Section 17BC Tax
Lot 1200. The site is in Marion County and is designated as Commercial
General (CG) under county zoning. The property is designated as Commercial
on the City's Comprehensive Plan Map and would be zoned Commercial General
(CG) District at the time of annexation.
Staff Report: Annex 01-O2, ZC 01-02 "Woodbum Carcraft" Page 1
lOB
The site is fully developed with an auto body repair facility. The property is
virtually flat and is 1.5 acres in size. There is landscaping along the perimeter of
the property and along the highway frontage. There are three existing structures
which total 20,450 square feet in area.
The adjacent properties to the north, east and south are also outside of the City.
The properties to the north and south are under the same County zoning
designation (Commercial General), and the adjacent property to the east is
zoned Industrial. To the north is the Oregon Pacific Construction Company, to
the south is the Centennial Manufactured Home sales site, and to the east is the
Agri-Frozen Foods site. Highway 99E runs along the west of the site. On the
opposite side of the highway are the Woodburn Veterinary Clinic, Bales & Brady
Towing, and the Fleetwood Manufactured Homes sales site.
The property owner is requesting annexation of the property in order to connect
to the City water service for a fire suppression system. Before a property can
receive City facility services, it is required to be within the City limits, resulting in
this annexation and zone change request. With the exception of the proposed
water connection, 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 CG District. This use is to remain the same when annexed.
IV. RELEVANT APPROVAL CRITERIA
ANNEXATION 01-02
A. OREGON STATEWIDE PLANNING GOALS
WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
X. The Land Use Plan
B. Commercial Lands
F. Transportation Plan
XI. Implementation of the Plan
F. Transportation Plan
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONECHANGE01~2
Staff Report: Annex 01-02, ZC 01-02 'Woodbum Carcraft" Page 2
10B
Vw
A. WOODBURN COMPREHENSIVE PLAN
Bo
VVOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 0t-02
A. Oregon 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 City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing auto body use is permitted
as an Optional Business in this 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 changes to the site as part of the annexation and zone
change request. 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 any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-t. 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, 1-5-
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
Staff Repo~ Annex 01-02, ZC 01-O2 "Woodbum Carcraft" Page 3
10B
Plan. Since the property is also developed with a commercial business, no
new commercial area would be established as part of the proposed
annexation and zone change.
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 buildings on the property are in good
condition, and one of the buildings was recently constructed in accordance
with Marion County building requirements. There is existing landscaping
between the highway and the parking area at the front of the site. This
landscaping reduces visual impact of the parking area as viewed from Hwy
99E.
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 business. Since the
adjacent properties to the north, south and those on the opposite side of Hwy
99E are developed with commercial establishments as well, a compact
service and cohesive land area would be maintained. There is an existing 6-
inch water line which runs along the front of the property in ODOT right-of-
way. The property owner is requesting to connect to this water line, and it
has been indicated by the Public Works Department that the line has the
capacity to serve the site.
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 COMMENT: The intent of this annexation is for the property to
connect to City water for a fire suppression system. As mentioned, the Public
Works Department indicates that the capacity exists within this system to
support the site. Since the property is developed and no changes are
Staff Report: Annex 01-02, ZC 01-02 'Woodbum Carcraft" Page 4
10B
proposed as part of this annexation and zone change, there will be no
additional impact on 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: Since the subject property and its surrounding properties
are within the urban growth boundary and are developed, an efficient pattern
of development has been established. Since the Comprehensive Plan
intends for properties within the urban growth boundary to receive urban
services and for those services to be maximized, this annexation would
further such intent by connecting to City water.
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: The City water adjacent to the property is suitable for
the property's use. It has been planned and constructed to meet the needs of
its adjacent properties. Furthermore, the additional connection to the City's
water system would help distribute its cost.
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 ....
STAFF COMMENT: Hwy 99E has an 80-foot wide right-of-way along the
subject property. Its existing improvements include 4 travel lanes with no
center turn lane. This section of roadway is of sufficient width to
accommodate the existing traffic flow from the subject site.
K-'I-5. The City shall encourage pedestrian safety and foster pedestrian
activity, and 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 Report: Annex 01-02, ZC 01-02 'Woodbum Carcraft" Page 5
lOB
STAFF COMMENT: Hwy 99E is a major artedal as indicated on the
Woodburn Transportation Systems Plan. There is no sidewalk along the front
of the property. There is a five (5) foot wide sidewalk on the opposite side of
Hwy 99E. The property owner may be required to provide a sidewalk along
the property's frontage at such time that future construction is made to 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.
STAFF COMMENT: There is one access directly onto Highway 99E from the
subject site. This is the only access the property owner has to public right-of-
way since no shared access exists with the adjacent businesses. As a result,
additional access consolidation is not feasible at this time.
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, City water is available to the property
and has adequate capacity to serve the site. Sanitary sewer is presently not
available to the site. The facilities on the property are connected to a private
septic system. At this time, Public Works is not requiring connection to
sanitary sewer. However, connection could be required when sewer is made
available to the site.
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.
STAFF COMMENT: The City has made water service available to the site.
The annexation is not in response to growth but is rather for upgrading of the
existing facility on the property to meet Fire Code guidelines.
X. The Land Use Plan
B. Commercial Lands
Staff Report: Annex 01-02, ZC 01-02 'Woodburn Carcraft" Page 6
10B
"....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 VVoodburn, 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 VVoodburn. 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 property has been developed with a commercial
establishment for many years. It is not adjacent to any property which is
zoned or used for residential purposes. Since the property is not undergoing
any additional improvements at this time, access control policies are not
required to be met. At the time that future improvements or construction take
place on the site, the City and ODOT will have the opportunity to address
such policies.
Xl. Implementation of the Plan
F. Transportation Plan
STAFF COMMENT: Since no improvements or changes are being made to
the site, other than the water line connection, there will be no change in
impact on the City's transportation systems. Access to the site has been in
place for many years and is proposed to remain in its current condition.
C. Woodburn Transportation Systems Plan
STAFF COMMENT: As mentioned, this proposal would not cause a change
in impact on the City's transportation systems. As a result, the applicable
goals and policies in this plan will not be affected.
ZONE CHANGE 00-01
A. Woodburn Comprehensive Plan
Staff Report: Annex 01-02, ZC 01-02 'Woodburn Carcraft' Page 7
10B
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 auto body repair facility is in keeping with this designation.
B. WOODBURNZONING 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.
STAFF COMMENT: A zone change is being requested as part of this
proposal from Marion County's Commercial General (CG) Zone to the City's
Commercial General (CG) District. The zone change is necessary in order for
City zoning to be established on the property once it is annexed from Marion
County. This zone designation is compatible with the use on the subject
property as well as with the commercial designation on the Comprehensive
Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Staff Report: Annex 01-O2, ZC 01-02 "Woodburn Carcraft"
Page 8
lOB
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: It has been indicated that the business on the subject
property has existed for 26 years. As a result, its need has been established
and its location has proven to meet that need. The zoning on the property is
being changed to a City designation that best fits the existing use on the
property, complies with the Comprehensive Plan Map, and is compatible with
neighboring land uses. In addition, the CG zone will match the existing CG
zoning of the neighboring properties within the City.
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 Annexation
and Zone Change Case No: ANNEX 01-02 and ZC 01-02, subject to the
following conditions of approval:
Community Development Department
General Conditions
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.
Public Works Department
Required system development fees shall be paid at the time of connection
the specific city service.
Water service, for both domestic and fire protection can be provided after
the property has been annexed. Service requirements shall conform the
City of Woodburn standards and specifications.
The City of Woodburn has no sanitary sewer main adjacent to this
property to provide service. The closest existing sanitary sewer main is
Staff Report: Annex 01-02, ZC 01-02 "Woodbum Carcraft" Page 9
10B
located at the end of Cannery Road. The property owner will be
responsible for any cost and/or fees associated with providing service to
the property in the future.
VII. ATTACHMENTS
Exhibit "A"
Exhibit "B"
Exhibit "CI-C2"
Exhibit "D'
Exhibit "F"
Attachment "A"
Attachment "B"
Attachment "C"
Annexation application
Zone Change application
Site Photos
Marion County Zone Map
City Zone Map
Public Works comments
Fire District comments
Police Department comments
Staff Report: Annex 01-02, ZC 01-02 "Woodburn Carcraft" Page 10
k
ANNEXATION INFORMATION SHEET
DIRECT QUESTIONS TO:
Doug Templeton
(NAME)
REC'D
FEB 0 $ 2001
WOODDURN COM~VlUNITY
DEVELOPMENT DEPT.
220 S. Pacific Highway
(ADDRESS)
(503) 981-5530
(TELEPHONE)
Woodburn OR 97071
(CITY) (STATE) (ZIP CODE)
II. PROPERTY OWNERS:
J~.t,~ Douglas Tem~leton
NAME (PLEASE PRINT OR .TYPE)
ADDRESS & ZIP.CODE
I11. LOCATION AND SIZE OF THE PROPERTY'
220 S. Pacific Highway
APPLICATION CHECKLIST
OFFICE USE ONLY YES NO
ANNEXATION PETmON 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 "a")
(Exhibit "C")
5.
6.
7.
8.
SCHOOL IMPACT ANALYSIS (Exhibit "D")
PARK AND RECREATION FACILITIES AVAILABIM'i'Y (Exhibit 'E")
LEGAL DESCRIPTION OF THE PROPERTY (Exhibit "F")
PLOT PLAN (Exhibit "G")
UST OF ALL PROPERTY OWNERS WITHIN 100
FEET OF THE PROPERTY (Exhibit "H")
9. ASSESSOR'S MAP (Exhibit "1") , /
SCHEDULED HEARING DATE:
APPUCATION RECEIVED BY:
DATE:
10B
ANNEXATION PETITION - REQUIRED INFORMATION
P! F:ASE PROVIDE THE FOLLOWING INFORMATION:
REASON FOR ANNEXATION REQUEST-
Exhibit 'A"
Reason: ~ obtain City service of water for fire suppression s~s~-.~
Bo
(Sprinklers)
Proximity of City Services - indicate on an accompanying
map.
Water - located at property line
Sewer - located approximately 850' frc~ property
PROPOSED DEVELOPMENT OF THE AREA
Exhibit "B"
If totally or partially undeveloped, what are the future plans for the site
(Provide a preliminary site plan):
Bo
If the site is fully developed provide a plot plan:
Attached
EXISTING CONDmONS OF THE AREA
Exhibit "C"
B.
LandArea: Acres 1.5
· General description of the area-
1. Slopes: Level
2_ Vegetation: None
3. Drainage: Good
4. ~qood A~eas: None
5. Sewage disposal Septic Tank
6. U~l~es (gas, elect, tele.) Gas, Electric and Telephone on property
ExistinR Land Use:
1. Number of single family units:
2_ Number of multiple family units:
3. Commercial X Industrial Public Uses
4. Open Space
SCHOOL IMPACT
Exhibit "D"
A. Where is the nearest school facility: There is no impact on schools
10B
What is the expected student population of the area upon completion of the
development: t~one
5. PARK AND RECREATION FACILITIES
Exhibit "E"
Ao
Is there sufficient area to provide for park or open space for the
development:
6. LEGAL DESCRIPTION OF THE PROPRTY
Exhibit "F"
PLOT PLAN: Show all properties within 250' from and parallel to the subject
property and the land use of each. Exhibit"G"
o
NAMES AND ADDRESS OF ALL PROPERTY OWNERS (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 "1"
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 r~d or contract purchasers of property which the annexation is
ANNI~ATION PETITION AND
We, the underskined legal owner o~ contract purchaser and ¢~e~t electors of a certain parce~ of land herein
desoribed and attached to this Armexation Petition ~s Exhibit I, petition the Honmable Mayor and City Council of
Woodb~n for annexation of that certain prope~y to the City of Woodburn. We furth~ desire that by this petition that
the certain property be annexed to and be included within the coq~o~te ~ of the City of Woodbum, Oregon, a
municipal corporation, and we do hereby consent to such annexation, withot~ the necessity of any election being
cal~ed with the area above described, a~d we do hereby correct that the City Couf~l of the City of Woodbum,
Oregon, take ste~s as are necessary to determine whether or not the said above described area shall be annexed.
Absentee Owner(s) or Contract Pm'chaser{si:
J~ Douglas T~pleton
Address:
7401.NE Dogridge Road
Newberg, Oregon 97132
Address:
10B
Resident Owner(s) or Contract Purchaser(s)
that are Resident Elector(si*:
&
Resident Electors* that are not Land Owners: Address:
Resident Electors means Registered Voters
STATE OF OREGON )
COUNTY OF MARION ] SS
I, Jin~y Douglas Templeton , being duly sworn upon oath, say that I secured each name appearing on the
wil~n and foregok~g petition, and each name was signed freely, voluntarily, without undue influence of arty nature
and u~e~ no misrepresentation as to the facts, further affirm, that to the best of my know~edge the Individuals above
named constitute a major~ of the electors regist~ed in the territory proposed to be annexed and the owners/contract
ANNEXATION PETITION AND CONSENT
Exhibit F
10B
Real property located at 220 S. Pacific Highway, Woodburn, County of Marion, State of Oregon,
more padicularly 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 I West of the
Willamette Meridian, in Madon County, Oregon; thence North 59047,
West 338.76 feet; thence South 32015' 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 59047' 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 1 - Exhibit F.
WARfiANYY DEED (;NDIVIDUAL)
REEl. PAGE
429 ~2&
· ~ ~u~ao Templeton and Charlo:te C Tom loLon hueb '
........... ~_ .......................... : ............ : ......~ ...... ~_. andand ~zfe
all that real or~rtV tit~t~ in the County
~'-'~n __ . State of Ore~n. ~i~ a~:
Beginning e~ · ~otflt which is RetCh 3201Se ~ae~ 434.1 feet from
the Southwest corner of Lot 4 of the subdtvia/on of the B. S.
qonne¥ Donattcn Land C!aLm In mown-hip ~ Sor'.h, Range ! West of
the ~illametto ~ertd~an, ~n ~acton County, Oregonl thence NotCh
59047~ ~est 338.76 ~eet; thence South 32e2!. ~eat 150 feet; thence
South 61006" Eaat 433.58 ~eet to the ~eet line of land conveyed bo
Genera! roods Corporation Oy deed recorded ~n Volume 288~ ~age
672, Deed Records loc Hag~on Counby~ O£egon/ thence NotCh 32°1§,
£ast ~40 feet? thence ~orth 59*47" Heat 94.3 feet to the place of
beginn~ng.
Save an~ except therefrom that part conveye& by fired Pommetn~ng
and w~fe to the State of Oregon by deed recorded reOruary 14,
1933, ~n Volume 216, page 18, Deed Reccrds for ~aclon County,
Oregon.
and covenant(s) tile! grantor ts th(~wner,o( the above_d.escribed prol)ertv ire(: el all encumbrances except
any encumbrances su~zere(~ arC'er t'eDrua:,v ~.:_1.~.8.! which .grantee herein
agrees ~:~ a-s~-fi*m'&' *and' pay ~
and will warrant and de,end the spree against all per~ons who may lawfully claim the same. excap~ as shown above.
Dated this
The true and aclual cr~nsideration for this transfer is :~_t~~O.Lo~' Contract.
,;
/ day of NovenLber
1%qlS tNST~,UME~F~ %1~III NOT ALLO*4~ US£ OF THE PP. OPER'rY
Drr. SC~/llI~) IN THIS INSTI~UMEFrE IN ~O~N OF APP~AS~
~D USE ~ ~D ~GU~ONS. BEFO~ SIGNING OR AC-
~ ~ e~ ~ ~t~e. -.-.. -.-
CO~ p~INO DEPAR~E~ TO ~FY APPRO~D USES.
STATE OF OREGON, County of %~:~ht~:O~
WARRANTY DEED (INDIVIDUAL)
19 85 .
,
ss. ~/
___N~vemb.er 2.6~ .............................. 19_85_ personally appeared the above named
.... J_~C__Qb Ko_~i.o~, Jr~_and__J~an,; t-~_.KD~ni? and acknowledged the foregoing
instrument to be _.__1~ ....... voluntary ac! and deed.
Notary Publ/.ff lot Oregon
My commission expir~: 10/3[/88
The dollar amount ~ould include cash plus all encumbrances existing against the property to which the
prOI)erty remains subject o[ which fl~e purchase~ agrees to pay or assume.
Il consideration inclucle~ other prol~rty or value, add the Iollowin9: "However, the actual consideration
consists of or includes other properly or v31ue given ¢ promi~ which i~ part el the/the whole
con5ideralion.' (Indicate which)
_ K_..o_ (3_n_i_ 9
1-0
Tamp le ton
Al~et RItcordinq I]elurn tO: 'f 7'(/~'("3 i,
STATE OF ORECON
Counly el Marion
I hereby ceflify
that the within was
received and duly
r,~corded by mo In
Marion County
records:
REEL PAGE
~29 426
10B
2.
3.
4.
5.
6.
7.
8.
9.
ADJACENT PROPERTY USES
Centennial- Manufactured Home Sales (CG)
Oregon Pacific Construction (CG)
Grand Slam - Sporting Goods (CG)
Bank of Amedca (CG)
Casa Mexico - Restaurant (CG)
Golden Pacific- Manufactured Home Sales (CG)
Woodburn Veterinary Clinic (CG)
Bales & Bradley Towing (CG)
Fleetwood - Manufactured Home Sales (CG)
Agri-Frozen Foods (IH)
10B
'~' REC'D ~
MAR 0 2 2001
WOOD~,U F~k; COMi.iUNITY
DEVEi ,"?MENT L)EP'T.
PLOT
PLAN
10B
7
lo
/
/
7°° 0
70O A2
Industrial
IH
WEST 2~41,1 ~
/
t
N~I ~ 15-/4.a7
Exhibit "G"
lOB
PACIFIC HWY. (99E)
lOB
MAR 0 7001
' '~', L.,~T i' EP'i
This project complies with Oregon's Statewide Planning Goals and Guidelines as follows:
1. GOAL ONE- CITIZEN INVOLVEMENT. This annexation meets Goal One in that
it is in compliance with the official comprehensive plan, which was developed through citizen
involvement.
2. GOAL TWO - LAND USE PLANNING. This annexation meets Goal Two in that
it provides for annexation and zoning of property that conforms with the zoning designation as
developed by the City of Woodburn for the comprehensive plan for this area.
3. GOAL THREE - AGRICULTURAL LANDS. This Goal does not apply.
4. GOAL FOUR - FOREST LANDS. This Goal does not apply.
5. GOAL FIVE - OPEN SPACES, SCENIC AND HISTORICAL AREAS, AND NATURAL
RESOURCES. This annexation will not have an affect on open spaces, scenic and historical
areas, nor natural resources.
6. GOAL SIX - AIR, WATER AND LAND RESOURCE QUALITY. This annexation
will not have an affect on air, water, nor land resource quality.
7. GOAL SEVEN - AREA SUBJECT TO NATURAL DISASTERS AND HAZARDOUS.
Subject property is not in an area subject to flooding, erosion, landslides, nor weak foundation soil.
The development on the property is in conformity with building codes regarding earthquake safety.
8. GOAL EIGHT- RECREATIONAL NEEDS. This annexation will not have an affect
on recreational needs.
9. GOAL NINE - ECONOMIC DEVELOPMENT. This annexation expands and
increases productivity of an existing business and will add to the stability and strength of the local
and regional economy.
10. GOAL TEN - HOUSING. This annexation will not have an affect on housing.
11. GOAL ELEVEN - PUBLIC FACILITIES AND SERVICES. This project is within the
urban growth boundary and is now, or will be, served by public facilities and services.
12. GOAL TWELVE- TRANSPORTATION. The property is within the urban growth
boundary and fronts on Pacific Highway (Highway 99E). This annexation will not have an affect
upon the safety, convenience, nor an economic impact on the transportation system.
13. GOAL THIRTEEN - ENERGY CONSERVATION. The annexation of this developed
property increases density along a high capacity transportation corridor and thereby complies with
the goal of conserving energy.
14. GOAL FOURTEEN - URBANIZATION. This property is designated Commercial
Retail in the comprehensive plan of the City and provides for an orderly and effective from rural to
urban land use.
10B
15.
affect the Willamette River Greenway.
16. GOAL SIXTEEN - ESTUARY RESOURCES.
affect on estuary resources.
17. GOAL SEVENTEEN - COASTAL SHORES.
affect on coastal shores.
18. GOAL EIGHTEEN - BEACHES AND DUNES.
affect on beaches and dunes.
19. GOAL NINETEEN - OCEAN RESOURCES.
affect on ocean resources.
GOAL FIFTEEN-WILLAMETTE RIVER GREENWAY. This annexation will not
This annexation will not have an
This annexation will not have an
This annexation will not have an
This annexation will not have na
,b REC'D ,A,
MAR 0 2 Z001
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
This project meets the City of Woodburn Comprehensive Plan in that it improves commercial development
along Pacific Highway (Highway 99E) by upgrading the beautification of the area. This property provides for
the ordedy development of the property into higher density without adding additional driveway access.
COMMERCIAL LAND DEVELOPMENT POLICIES
B1. This annexation/zone change meets the needs for adequate retail land.
B2. The subject property is located on and has access to Pacific Highway (Highway 99E), which
is a major arterial.
B3. Development of the properly does not create strip zoning. The property is of sufficient size
and depth with one driveway access point.
B4. The architectural design of the project is attractively compatible with the area and landscaping
is designed to be visibly attractive.
B5. This project does not affect Woodburn's downtown area,
B6. This project does not affect residential areas.
B7. This project does not affect Woodburn's downtown area.
INDUSTRIAL LAND USE POLICIES
The annexation of this property does not affect the industrial properties in the City of Woodburn.
ANNEXATION GOALS AND POLICIES
D1. This annexation adds to a cohesive compact service area that serves the City's needs to
grow.
D2. This annexation is in conformity with the comprehensive plan in that the property is within the
urban growth boundary. The zoning is compatible with the City's zoning ordinance and the surrounding uses.
The only impact on the community will be the addition of property to the tax base.
D3. The annexation of this property will foster an effective pattern of urban development. This
annexation is a good utilization of land that is being incorporated into the city limits which will benefit the City
by meeting a need for commercial retail property and maximizing the use of the City's facilities and services.
D4. This annexation is in total compliance with the comprehensive plan goal of shaping urban
development in a smooth transitional and physically identifiable development pattern. This is an effective use
and/or extension of City facilities and services.
D5. This annexation helps to maintain the equilibrium between the different types of uses and the
large amount of residential development, which is taken place in the City.
POLICIES
D1-1.
development.
D2-2.
D3-3.
D4-4.
D5-5.
This project is within the urban growth boundary and will not cause inefficient sprawling
This project will not have a significant impact on the transportation system.
The annexation of this property meets the goal of adding land to the City.
Applicant has attended a pre-application meeting with staff.
The annexation of this property is consented to by the property owner(s).
10B
lOB
D6-6. This project will be reviewed by the Woodburn Planning Commission.
CITIZEN INVOLVEMENT POLICY
This project is in conformity of the comprehensive plan as developed through citizen involvement.
ADMINISTRATION AND ENFORCEMENT POLICIES
This project is in conformity with land use ordinances.
HOUSING GOALS AND POLICIES
This property will have no affect on the comprehensive plans housing goals and policies.
PUBLIC SERVICES GOALS AND POLICIES
The property is within the urban growth boundary which is now, or will be, served by public utilities
and services.
WASTEWATER GOALS AND POLICIES
The annexation of this property will not have an affect on the wastewater goals and policies.
TRANSPORTATION GOALS AND POLICIES
The property is within the urban growth boundary and fronts on Pacific Highway (Highway 99E). With
one access, this property meets the driveway density guidelines as outlined in the Access Management Plan.
GROWTH GOALS
Annexation of this property will bring about the ordedy growth of the City, while balancing residential,
industrial and retail needs of the City as identified by the Woodburn City Council.
GROVVTH AND URBANIZATION POLICIES
Annexation of this property is consistent with the City's comprehensive plan and land use regulations.
NATURAL AND CULTURAL RESOURCE GOALS AND POLICIES
The annexation of this property will not have an affect on the natural and cultural resource goals and
policies.
COMMERCIAL LANDS
The annexation of this property will provide for higher density uses, other than a sprawling type
development and will not increase strip zoning along Pacific Highway (Highway 99E)
PETI~oN FOR ZONE
.DIRECT QUESTIoNs TO:
[~puq Temt31eton
I-Arlll311
]OB
REC'O ~r
2001
220 S, Pacific Highway
(ADDRESS)
(503)
(Tm wPHONE
(cnw)
.R. EQUEST:
Oregon
(STATE)
97071
(ZIP CODE)
To change 1.5
AC of (present zone/present comp. plan)
To (desired zone/desired comp. plan) CG
by file City of Woodbum Zoning OrcWmnce.
as such zones are defined
OWNERS:
_ Jin~y_ DQuq]mm Templeton
NAME (PLEASE PRINt OR YPE)
Same as above
ADDRESS & ZIP CODE
.LOCATION AND S[TF OF THE PROPERTY: or if not addressed, l~en state
cr~mnce to the nearest intemecling street or know landmark,
220 S. Pacific Hiqhway
OFFICE USE ONLY
APplICATION CHECKLIST
YES NO
1. Statement of Intent (Exb. A) V/
2_ Plot Plan (Exb. B)
3. Legal Description of the Property v/
4. List of All Property Owners within
250 Feet of file Property
5. Assessors Map .
e
REQUIRED ATi'ACHMENTS
,STATEMENT OF INTENT should cra:uss/explain the reason this request is made.
include brief ~ of any proposed constn,,~ion or land use change, show
that the request Is: 1) in cenformance with the Comprehensive Plan; 2) there is a
public r~cd for this change; 3) that r. ccd is best met by this proposal; 4) there is
no other arable 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 po~cy contd--). (Mark EXH;SIT '^')
PLOT PLAN: Show all properties within 250' from and parallel to the subject
property and the !and use of each. Mark EXHIBIT 'B', Draw to scale.
LEGAL DESCRIPTION of the property in metes and bounds (as it appears on the
deed); Mark EXHIBIT 'C', or if property is within a platted subcr~sion:
* Lot: , Block: , 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 area. Mad( EXHIBIT 'F'!
10B
We, the undersigned, hereby Certify thai all 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 m~p
.chan.qe is requested: -
DATE
lOB
STATEMENT OF INTENT
The subject property (Woodburn CarCraft) is being annexed into the City of Woodburn. The
zoning designation should be changed from Marion County "Commercial General "to City of
Woodburn Zoning designation "Commercial General."
The annexation and Commercial Zoning request is in conformity with the comprehensive
plan in that the subject property is within the urban growth boundary, designated Commercial and
compatible with the surrounding properties. The adjacent properties fronting Highway 99E are
Commercial, with Industrial to the rear. The properties across Highway 99E from the subject
property are zoned Commercial General.
The annexation and Commercial General zoning meets the goals and the policies of the
comprehensive plan that commercial land needs of the City will be met by annexation of established
commercial uses on Highway 99E and encouraging development of higher diversity.
As shown by the success and growth of the business, there is a public need for the
designated business, which is met by the annexation and commercial zoning of the property. The
subject property has been zoned and used as a body and fender shop and general automobile
repair for twenty-six (26) years and is the highest and best use for the property.
Page I - Exhibit A.
lOB
r-Arlll~l I
N
10B
10B
.......... U.TF
' GE$CHWILL LN
dUOY
EiUI3~ E C.'T
~'ITE
O/TY LJMIT8
10B
ANNEXATION
CARCRAFT, 220 S PACIFIC HIGHWAY
GENERAL CONDITIONS
The property shall be subject to the site plan review process prior to any new
development or improvements which are not currently permitted or permitted at
the time of annexation. Existing non conforming improvements and or utility
requirements will be addressed at that time.
Required system development fees shall be paid at the time of connection the
specific city service.
Water service, for both domestic and fire protection can be provided after the
property has been annexed. Service requirements shall conform the City of
Woodbum standards and specifications.
The City of Woodbum has no sanitary sewer main adjacent to this property to
provide service. The closest existing sanitary sewer main is located at the end of
Cannery Road. The property owner will be responsible for any cost and/or fees
associated with providing service to the property in the future.
OODB URN FIRE DISTRICT
Prevention Division
Site Plan Review Comments
10B
Memo To:
Scott Clark, Asst. Planner
City of Woodburn
From: Robert Benck
Fire Marshal
Date: 03-19-01
Facility~ Pro/ect Name: Car Craft ( Annexation 01-02)
Location: 220 S. Pacific Hwy.
Occupancy Class: B/S/H-4
A. Access:
1. Exterior of Facility:
Minimum driveable access to within 150 feet of aH sides of any structures is
available.
2. To Interior of Facility:
Existing Facility
B. Building Exit System: Items to be addressed when plans are submitted to Building Official.
(Information provided below is a guide and may very during the formal review.)
1. Occupant Load:
2. Number of Exits:
3. Exit Hardware:
4. Exit Signage:
5. Emergency Lighting:
C. Fire flow~ Water Supply:
Buildings will be sprinkled. Min. flow 1500 gpm or that which is required by
sprinkler system if greater than 1500 gpm.
Hydrants: Existing
Sprinkler/FDC:
Agreement has been made on location of FDC
F. Alarm System:
As required to monitor fire sprinkler system.
(7. Premise Identification:
To be visible from public way and meet city of Woodburn standards.
H. Special Occupancy Requirements:
Portable fire extinguishers will be required.
Maximum storage height of 12 feet. unless requirements of OUFC article 81 are
met.
L Building Size & LimitationM Type of Construction:
Within limits for sprinkled facility
J. Fire and Life Safety Review Requirement:
Will be provided by building official.
IL Special Comments:
An onsite water supply system must be available, operational and acceptable to the
city prior to the construction of combustible buildings. Access during construction
must support the weight of Fire Apparatus and allow access to facility.
COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUTE
PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE
APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED
PLANS MUST BE ONSITE DURING CONSTRUCTION.
10B
WOODBURN FIRE DISTRICT
1776 Newberg Hwy.
Woodburn, OP~ 97071
(503) 982-2360 or 982-7305 ext. 13
Fax (503) 981-5004
WOODBURN POLICE DEPARTMENT I COMMUNITY POLICING DlVlSlvn
270 Montgomery St., Woodbum, OR, 97071
(503) 982-2345
CPTED
(CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN)
EVALUATION FORM
10B
Property Name:
Property Contact Person:
Date: Apd115, 2001
CPTED Requested By:
Carcraft Annex
Jim Templeton
Scott Clark
o Construction Plan
Existing Building
Property Address: 220 S. Pacific Hwy.
Phone: 503-981-5530
~ Pflvate Property [] City Property
Site Plan Review #: Annex 01-02
Multi-Family Dwelling [~ Business n Mobile Home
This evaluation will assist the City of Woodbum and you, in addressing cdme prevention and livability issues, ff you
have any questions in regards to this evaluation, please contact the evaluator for more information.
Street Access: Existing building on property with an in use exit and entrance.
On street parking: No on street parking available or permitted.
Property Marker I Sign: Current sign in use.
Access Lighting: N/A
Exterior Landscape: N/A
Complex Parking: N/A
Parking Lot Lighting: N/A
Exterior Complex Lighting: N/A
Evaluator Comments: Purpose of review is strictly for annexation into city. Property owner can request
cdme prevention safety review of current property.
Evaluator Name: Ofcr. Linda Hedricks
DPSST#: 20883 Shift: 11/23
-- llA
June 11, 2001
TO:
FROI~I:
SUBJECT:
Honorable Hayor and City Council
John C. Brown, City Adminlstrator~~v
Basketball Hoop located at 1415 Alexandra Court
Recommendation:
It is recommended that the City Council:
1. Take no action on the request to ratify and affirm the continued use of the subject
basketball hoop;
2. Determine Council policy regarding encroachment of permanent structures in the
City right-of-way; and if appropriate,
5. Direct staff to develop procedures and criteria for licensing the encroachment of
permanent structures in the fights-of-way.
Back~round:
As part of a response to concerns raised by the Alexandra Court and surrounding
neighborhoods in February, the Code Enforcement Officer investigated the encroachment
of a basketball hoop in the right-of-way adjacent to the subject address. Contact was made
with the homeowner in March 2001 and voluntary compliance in removing the hoop was
sought. When it was not obtained, a notice of violation was issued in April 2001 and the
homeowner was requested to remove the structure within 30 days.
The homeowner contacted the Mayor and the Councilor representing the ward, and
through them me, to request allowance from the City Council to retain the hoop in its
present location. To assist the Council in considering the issue I asked for a written request
that states the facts of the matter, the action sought, and rationale for the requested
action. The attached letter was provided (Attachment 1 ).
Discussion:
The request was distributed to the City Attorney, the Community Development Director,
the Chief of Police, and the Public Works Director for their evaluation and
recommendation. Their responses are provided as Attachments 2, 3, 4, and 5,
respectively. Based on their responses, it does not appear appropriate for the City Council
to ratify and affirm the use of the hoop in its existing location. There is legal authority for
the City's regulation of the rights-of-way, conveyed by statute and case law as well as city
ordinance. There is an obligation to the public, and benefit in protecting the rights-of-way
Honorable Mayor and City Council
June 11, 2001
Page 2.
llA
from encroachment - for safety and liability considerations, and there is strong reason for
and public interest in consistent enforcement of city ordinances.
Should the Council determine to take action now, you have the homeowner's rationale,
and those of your City departments on which to base a decision, and have the option to
either grant or deny the request. A decision at the present time will conclude this specific
matter, and provide the context in which future enforcement of basketball hoops in the
rights-of-way will be addressed.
The issue is broader, however, than basketball hoops. As a code enforcement issue,
basketball hoops are of lesser importance to some than other livability issues. To others, all
livability issues hold equal importance. But, in the immediate instance, beyond the
consideration of whether or not we consistently enforce our ordinances or will when
challenged to do so, the broader issue is one of right-of way-management policy. As a
public agency we have the obligation to preserve the public rights-of-way as a limited
resource, to protect public safety, and to limit public liability. ! believe the issues for the
Council to consider are whether encroachment of privately owned structures and objects
into the public right-of-way should be permitted, and if so, under what circumstances?
As indicated in the attached material, City Ordinances prohibit encroachment in the rights-
of-way without express permission from the City. The City's policy regarding the
conveyance of permission is not memorialized. With few exceptions, permission is
extended exclusively to utility companies under franchise agreements. In the Public Works
Director's recollection, the other exceptions related to the encroachment of fence posts
accidentally placed in the right-of- way. Permission was granted to allow those
encroachments with an agreement, similar to a revocable license, where permission to
encroach ceases when the City deems it necessary for structure to be removed. These
documents are recorded, but were developed outside of any standard permitting process.
If the Council's pleasure is to prohibit encroachment into the rights-of-way for all private
uses except those granted by franchise, no formal permitting process is needed. If the
Council wants to allow for other permanent encroachments, as is suggested by the
language of Ordinances 1795 and 2225, then it is recommended that a standardized
permitting process based on objective criteria be developed and applied to requests for
encroachment, it is anticipated that the permit would take the form of a revocable license,
and that among the criteria to be used in evaluating requests would be public benefit,
undue hardship, the distance a particular encroachment reaches into the right of way, and
llA
Honorable Mayor and City Council
June 11,2001
Page 3.
an assessment of whether encroachment would create hazardous situations and/or
unnecessary exposure to liability. If it is your desire to pursue this alternative, the form of
license, and criteria would be developed for your approval at a future meeting. This
course of action is recommended. It is further recommended that once a formal process
has been established, and that basketball hoop at 1415 ^lexandra Court be evaluated
against that process, and a revocable license be granted, or denied, as appropriate.
Should the Council choose to pursue this alternative, the task of developing the permitting
process and evaluation criteria will be undertaken by the Public Works Department. At the
department has several more pressing tasks that need to be addressed, it's likely that this
item would not be returned to Council before December 2001. In the meanwhile, and if
you have not already decided otherwise, enforcement action regarding the basketball hoop
will be held in abeyance.
]CB
ROBERT L, ENGLE
E-MAIL: renglelaw(~aol.com
KIRK A. SCHMIDTMAN
E-Mail: schmidtrnanlaw@aol,com
May 17,2001
ENGLE & SCHMIDTMAN
ATTORNEYS AT LAW
NORTHWOOD OFFICE PARK - 610 GLATT CIRCLE
WOODBURN, OR 97071
ATTACHMENT
Page ( of
TELEPHONE
(503) 981-0~55
FAX
(503) 981-0158
Mr. John C. Brown
City Administrator
City of Woodbum
City Hall
270 Montgomery street
Woodbum, OR 97071
Ann Lima
1415 Alexandra Court
Basketball Hoop
Dear John,
Ann Lima has asked me to respond to your letter of May 4th on her behalf. She will plan to attend the
June 11,2001 City Council Meeting to support this letter, answer any questions that the Council may
have, and engage in further dialogue with the Council on this issue as they may permit.
The purpose of this letter is to provide a historical background of the installation of the hoop and to
provide a brief discussion of the legal issues involved.
1. History
In the Summer of 1991, the Lima family and another neighbor decided to
install a basketball hoop in their cul-de-sac in Alexandra Court. The hoop was
a neighborhood project which would be available to all children and adults in
the cul-de-sac who wished to use it.
Mrs. Lima initially contacted the utility company to locate existing utility
lines. She then proceeded to the Woodbum Planning Depamnent to obtain a
permit for the installation of the basketball hoop.
When she explained her request to the planning official on duty at the time,
she was informed that she did not need a permit to install a basketball hoop but
only needed to secure from the Planning Department approval of the location.
Mrs. Lima and the planning official made arrangements to meet at the site
later in the day. Mrs. Lima and her neighbor, Cheryl Mill, met with the
planning official, showed him the locations that they were considering, and
John Brown
May 14, 2001
Page 2
ATTACHMENT
Page '~ of
llA
received direction and approval from the planning official to install a
basketball hoop in front of the Lima House at 1415 Alexandra Court. A
contractor was then hired to build a hoop of steel and to install it at the
location directed by the Woodbum planning official.
Thereafter, with one exception, the basketball hoop has remained a positive
addition to this neighborhood and has provided many hours of exercise and
activity for the entire Alexandra Court community.
The one exception occurred in April of 1995 when a United Disposal garbage
truck accidentally damaged the hoop. The damage was assessed and the
Lima's made a claim to United Disposal for the cost of repair. Sometime
later, the Limas were informed that United Disposal would not pay the cost of
damage since the hoop violated City Ordinances. Mrs. Lima was very
surprised since the hoop had been installed with City's permission and at a
location approved by the City. She proceeded to City Hall to investigate the
matter. When she arrived at City Hall, she happened to see Mayor Nancy
Kirksey and Counselor Dick Jennings who listened to her story and assured
her that the matter would be resolved in Mrs. Lima's favor. A few days later
she received a telephone call from United Disposal's Insurance Company
stating that it was now willing to reimburse her for the damage. She sent in an
estimate of repair and thereafter received a check in the full amount of the
damage after executing a Release Agreement.
Therefore, it appears Mrs. Lima received both express and implied City
approval for the initial construction and the subsequent retention of the hoop
in both 1991 and 1995.
The Legal Issues
Mrs. Lima delivered to me a Violation Notice issued by Officer Jeff Waters,
the Code Enforcement Official for the City of Woodbum, on April 17, 2001.
The Notice stated as follows: "Based on the information I've received, your
basketball hoop is in violation of City Ordinance. I'll give you 30 days from
today to remove the obstruction. If you have any questions, please call me. /s/
Officer Waters 982-2345."
On May l0th I called Officer Waters to determine the identity of the City
Ordinance that was referred to in the Violation Notice since the Notice did not
cite the Ordinance. Officer Waters informed me that Woodbum City
Ordinance 1795 and Woodbum Ordinance 2225 were the basis for the
Violation Notice. I then called Kay Vestal who was kind enough to fax me
John Brown
May 14,2001
Page 3
ATTACHMENT..~.
Page ~ of-- ~
llA
copies of both Ordinances. I'm attaching copies of both Ordinances to this
letter for your review and for the review of the City Council.
The Ordinances:
Ordinance No. 2225 was passed by the City Council on August 10, 1998,
seven years after the installation of the basketball hoop. The Ordinance
simply states that the City of Woodbum has jurisdiction and exercises
regulatory control over its public right of ways and states that no person shall
occupy or encroach on a public right of way without permission of the City.
The Ordinance clearly does not apply to the Lima's since it was passed long
after the installation of the basketball hoop. In any event, the hoop was
installed with the permission of the City as explained in the above chronology.
Ordinance No. 1795 was passed by the Council in 1982 and therefore was in
effect at the time of the installation of the hoop.
Ordinance' 1795 generally applies to street, water, sewer, and storm drain
service connections and franchise installations and alterations other than those
activities exempted by the Ordinance. The four exemptions set forth in
Section 7 of the Ordinance do not appear to apply to this situation.
It is doubtful that when the Ordinance was passed it was intended to apply to
the installation of a basketball hoop. The installation of a basketball hoop is
clearly not a "street, water, sewer, and storm drain service" connection,
installation or alteration. The installation of a basketball hoop is clearly not a
franchise installation or alterations thereof. The term "alteration" presupposes
a change in an existing installation.
In any event, Section 10 states that "interpretation and enforcement of this
Ordinance shall be the responsibility of the City Engineer." The Planning
Official who advised Mrs. Lima that no permit was required and instructed her
as to the location of the hoop was exercising that interpretation and
enforcement authority on behalf of the City Engineer's Office.
Non Conforming Uses:
The law relating to Non Conforming Uses may be of help to the Council. A
"non conforming use" has been defined as "one which lawfully existed prior
to the enactment of a zoning ordinance and which may be maintained after the
effective date of the ordinance although it does not comply with the use
restrictions applicable to the area. Clackamas County vs. Holmes, 265 or 193
John Brown
May 14,2001
Page 4
ATTACHMENT~
llA
(1973). The authorities state that "in Oregon, non conforming uses are
governed by State Statutes and local ordinances." (Oregon CLE on Land Use.)
Although State law limits the consideration of non conforming uses primarily
to property which has been rezoned after use has been legally instituted,
Section 3.010 of Woodburn's Zoning Ordinance defines Non Conforming Use
as "the lawful use of land existing on the effective date of this ordinance,
although such use does not conform to regulations specified for the district in
which such land is situated, may be continued..." It should be noted that
Woodburn's Non Conforming Use Ordinance refers to "regulations" and does
not limit the applicability of Non Confirming Uses to zone changes situations.
Since the hoop was clearly legal at the time it was installed and since the use
has not changed for a period of ten years, even the passage now of a specific
ordinance outlawing the hoop would not be sufficient to cause a removal of
the hoop since the hoop would be a non conforming use in accordance with
Section 3.010 of Woodbum's Zoning Ordinance.
Based upon the foregoing, the Lima's request that the City Council of the City of Woodbum ratify
and iffirm the continued use of the existing basketball hoop 'and direct the withdrawal and
canc..ellatityffb~'-~-he Apn~I',[7, 2001 Violation Notice issued by Officer Waters.
Respectfully submi~eg/
ROBERT~L. ENGLE
RLE:so
MEMO
ATTACHMENT
I=.ge / of
11A
From the Office of the City Attorney
TO:
FROM:
JOHN BROWN, CITY ADMINISTRATOR
N. ROBERT SHIELDS, CITY ATTORNEY
SUBJECT: LAW CONCERNING INSTALLATION OF BASKETBALL HOOP
DATE: JUNE 1,2001
At your request, I have reviewed and evaluated attorney Robert Engle's May 17, 2001 letter
concerning installation of the basket ball hoop at 1415 Alexandra Court. A summary of the
city's major legal points in response is as follows:
A major premise of the letter is that the only legal basis for municipal authority over
rights of way is based upon a local ordinance. This is clearly incorrect. Common law in
Oregon is that fights of way belong to the public. This is true whether or not there is a
local ordinance in force.
There was a local ordinance which predates construction of the basketball hoop and
arguably prohibits fight of way encroachments. Ordinance No. 1795 states:
"Section 1.
Permits. All street, water, sewer and storm drain service connections,
installations, and alterations and franchisee installations and alterations,
other than those activities exempted by Section 7 of this ordinance, in the
City of Woodburn fight-of-way shall require a permit from the City...
While I anticipate an argument that this ordinance applies only to service connections,
the actual ordinance language appears to be broader.
Case law in Oregon states that unauthorized encroachments in fights of way constitute
public nuisances and can be abated by the local government. An important corollary is
that it can be argued that the city has the legal duty to remove any encroachments. This
is especially true where there has been a previous incident and the city has been placed
on legal notice.
The letter's nonconforming use analysis is misplaced because, legally, no private person
could establish a private use in the public right of way.
The letter's estoppel argument is misplaced because even if a city official exceeded their
authority and gave oral permission for the hoop installation, this act would not foreclose
or eliminate the public's right to use the fight of way and eliminate the obstruction.
cc: Frank Tiwari, Paul Null, Jim Mulder
CITY OF WOODBURN
Community Development
ATTACHMENT
PIGt~ of /
MEMORANDUM
11A
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
June 1, 2001
To.'
From:
Subject:
John Brown, City Administrator
Jim Mulder, Director of Community Development/~
/1
Zoning Issues Concerning Installation of Basketb li~/Hoop
You requested my opinion regarding zoning issues pertaining to installation of a basketball hoop
at 1415 Alexandra Court. After reviewing the zoning ordinance relative to this issue, I have the
following observations:
Although a basketball court may be considered an accessory use to a residential use, land
uses within public right of way are not regulated by the zoning ordinance in that public right
of way does not having zoning applied to it. However, land uses, facilities, or installations
placed within public right of way may be subject to legal requirements other than zoning.
The subject basketball hoop can not be considered a nonconforming use or structure because
it is not regulated by the zoning ordinance. The definitions for nonconforming uses and
structures specify that the use or structure that was lawfully established does not now
conform to the use regulations of the district in which it is located. Since public right of way
has no zoning district applied to it, this definition does not apply to any use or structure
within public right of way.
City of Woodburn
Police Department
ATTACHMENT
Page I . of
MEMORANDUM
llA
270 Montgomery Street
Paul Null
Chief of Police
Woodburn, Oregon 97071
(503) 982-2345
Date:
To:
RE:
May 24, 2001
Robert Shields
City Ordinance Violation - Alexander Basketball Hoop
On March 9, 2001, I met with Alexandra Neighborhood Watch representatives, Gabriel
Garcia, Anne Lima, and Maureen Foster, who provided me with a letter, listing issues
facing their neighborhood, and signed by 64 citizens.
Among the list of concerns was a request that the city enforce existing ordinances.
I advised the representatives that I would direct the Code Enforcement officer to patrol
their neighborhood each day for a period of 30 days to identify ordinance violations and
take educational and enforcement action.
I advised Anne Lima, during this initial meeting, that her basketball hoop was in violation
of city ordinance and that she should expect a visit from the Code Enforcement officer.
Mrs. Lima did not advise me during this meeting that she had received city approval to
erect the basketball hoop.
On March 21, 2001, Officer Waters received a complaint from Gabriel Garcia
(Neighborhood Watch representative who met with me on March 9th) regarding a
basketball hoop set up on the sidewalk and children playing basketball in the street.
Officer Waters had them move the portable basketball hoop. Police Case # 01-1990.
On March 21, 2001, Officer Waters contacted Anne Lima regarding her basketball hoop
being in violation of city ordinance. On April 17, 2001, Officer Waters re-contacted Mrs.
Lima and gave her 30 days to remove the hoop. Police Case # 01-1992.
On April 10, 2001, Officer Waters initiated a complaint of a basketball hoop in the public
right of way at 1515 Alexander Ave. The owners complied with city ordinance and
removed the portable hoop from the street. Police Case # 01-2494.
The Police Department recommends removal of the basketball hoop at 1415 Alexander
for the following reasons:
The basketball hoop is in the public right of way which is in violation of
city ordinance.
ATTACHMENT ~ ,
Page ~ of
The basketball hoop is in danger of interfering with vehicular traffic as
established in a letter fi.om Robert Engle, Attorney at Law, dated May 17,
2001. The likelihood this basketball hoop would interfere with emergency
fire tracks responding to a fire is great.
The basket hoop encourages children to play in the street. Any
interference with vehicular traffic by persons playing in the street, subjects
those persons to a criminal charge of Disorderly Conduct.
The Neighborhood Watch groups in this area have asked the city to
enforce existing city ordinances to enhance livability and insure their
neighborhoods are safe.
llA
February 2001
The members of Alexandra Court Neighborhood Watch, MarcelLynn
Neighborhood Watch, residents of Van Leiu Court, Alexandra Avenue, Tierra Lynn
Drive, Kevin, and Amy Court, after consulting an attorney, join together to bring the
following complaints to the attention of Paul Null, chief of police for the Woodburn
Police Department,
Complaints
Parking issues:
Vehicles parking against traffic direction
Vehicles blocking/perpendicular to sidewalks
Vehicles double parked
Vehicles blocking end of cul-de-sac
TOO many vehicles per household
Vehicles parked on landscaped areas i.e. lawns
Vehicles parked with one or two wheels on sidewalk
Car repairs being done in street
Cars with "FOR SALE" signs allowed to park on Public Street - if car is moved after
being tagged within the allotted time we must go through the whole process again
i.e. retagging the car with a new time limit allowed
Public indecency
Number of people living in a single-family dwelling
Rooms for rent in a single family home
Abandoned shopping carts
NOISE - both in homes and cars
Excessive noise allowed at armory consistently
The City council issues permits to allow loud music on a consistent and
continuing basis giving neighbors no recourse or ability to complain (pre or post
event) for what would normally be a violation of noise ordinance
Mexican Fiesta - consistent problems including public indecency, public urination, noise,
litter, traffic, and parking allowed in a neighborhood. This event NF.F. DS to be
moved to a different location
Parking on Tierra Lyrm Ave by the apartments near corner of Tierra Lynn and Alexandra
is a major problem with little room for ONE car to pass through - we need to
have NO PARKING on one side
There should be NO PARKING on Tierra Lynn between Hwy 214 and Kevin and Amy
Ct. it is dangerous to try and get on or offofHwy 214 at Tierra Lynn Dr. when
there are multiple cars parked on both sides of the street
Litter
Theft from vehicles
Residential burglary
People using backyards as short cut to other homes, trespassing on private property
llA
ATTACHNIENT.-.--~---~
;.ge of
Firearms discharged on New Years Eve, 4th of'July and other various times with little or
no response from police. There have been at least 2 shootings in this area within
the last 2 months
Illegal aerial fireworks, posing a roof.top fire hazard
Police are unwilling to charge people for excess noise, public urination, and public
drinking even though neighbors are willing to sign complaints
Public drinking
Observed and reported drug activity with little or no response from police
Failure to notify those who file complaints of the status of their complaints
llA
Some of these problems could be solved if the city would enforce existing codes.
Others could be addressed by DEFINING and enforcing that definition of a single-f~mily
dwelling. At times there is an unpowered vehicle (i.e. trailer) parked on the street or on
landscaped areas with many people living there.
In the past we have tried to make the Woodburn Police Department aware of these
problems but have received little or no response. City employees including police
officers and those working the front.desk of the police department have rudely treated
some of us.
It is our opinion that our property values have decreased because of the city's
inaction in'these matters. It seems, to some of us, that the police have given up on our
neighborhoods (leaving us on our own). Our area has a higher concentration of
apartments than any other neighborhood. Unfortunately the number and TYPE of
apartments (i.e. neglected, run down) draw the bad elements of society.
As recommended by our attorney we are meeting with you, Paul, to officially
notify you of these issues. We will give you one month's time to address these issues in
a substantial way or we will be forced to take these complaints to the City Administrator
and the Mayor.
MEMO
TO:
FROM:
DATE:
SUBJECT:
ATTACHMENT
City Administrator
Public Works Director~~.~,5.~_,..,.,
June 1, 2001
Basketball Hoops in Public Right-of-Way
1lA
The responsibility to control the proper use of public right-of-way for community-wide benefit
will always remain with the city. My position remains the same as outlined in the attached
memo of March, 1994.
GST:Ig
cc: D. Torgeson
R. Rohman
R. Scott
Attachment
GST~HoopsRtofVVay
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator
Public Works Director
Basketball Hoops in Right-of-Way
March 24, 1994
ATTACHMENT
Page ~ of ~
llA
The city needs to adopt a consistent position in regard to basketball hoops, permanent or
temporary, that are located in the city right-of-way. The city accepts public rights-of-way
to be used for transportation of people and goods. The right-of-way is also reserved for
public infrastructure such as water, sewer, electric, gas and telephone. This is not unlike
.acceptance of park properties for recreational purposes.
The principles of traffic engine(~ring require the separation of pedestrian and vehicular traffic.
No doubt allowing recreational activities, particularly if children are involved, is an invitation
for an accident to happen.
There is a definite hazard to public safety when children congregate, in'the street to play at
the hoops. If homeowners desire the hoops, they should be moved back onto private
property and the driveway should be utilized as the play area and not the street. If council
desires, in the future, small recreational areas at different locations around the city could be
planned into residential developments. Nonetheless, separation of play areas from traffic
areas is absolutely necessary.
An ordinance amendment should be enacted that makes placement of temporary or
permanent basketball hoops in the right-of-way a violation and allows 30 days for them to
be removed before the ordinance takes effect and enforcement begins.
HOOPS
-- llB
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
June 11, 2001
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development
Ordinance to Approve Annexation 00-01 and Zoding Change 00-01
(Friendly GMC)
RECOMMENDATION: Adopt the attached ordinance approving Annexation 00-01 and
Zone Change 00-01.
BACKGROUND: The City Council, at its May 14, 2001 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 findings in support of approval of
the above referenced applications. That ordinance is attached.
llB
COUNCIL BILL NO. 2315
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 0.98 ACRES OF
PROPERTY LOCATED BETWEEN EAST LINCOLN ROAD AND AZTEC DRIVE ON
THE EAST SIDE OF HWY 99E; GRANTING A ZONE CHANGE FROM MARION
COUNTY COMMERCIAL RETAIL (CR) TO CITY OF WOODBURN COMMERCIAL
RETAIL (CR) DISTRICT; AND ATTACHING CERTAIN CONDITIONS THERETO.
WHEREAS, the applicant, Tony Miller, submitted the following applications:
Annexation 00-01 and Zone Change 00-01; and
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established
certain land uses within the City of Woodbum's Urban Growth Boundary; and
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
applications and heard all public testimony presented on said applications; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by Maxine I. Hartke and is legally
described in Attachment "A", which is affixed hereto and by this reference incorporated herein.
Section 2. That the subject property is depicted on the Exhibit Map for Annexation
which is affixed hereto as Attachment "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as
Attachment "C" and is by this reference incorporated herein, the subject property is hereby
annexed to the City of Woodbum.
Section 4. That the Woodbum Zoning Map is hereby amended as to the property
described in Attachment "A" to this Ordinance from Marion County "Commercial Retail (CR)"
to the City of Woodbum "Commercial Retail (CR) District" based upon the Findings in Support,
which is affixed hereto as Attachment "C".
Section 5. That the Annexation and Zone Change approvals are subject to the conditions
contained in Attachment "D", which is affixed hereto and incorporated herein, which the Council
finds reasonable.
Approved as to form.C~, ~~/~~
City Attorney
Date
Page 'l - COUNCIL BILL NO.
ORDINANCE NO.
ATTACHMENT A ii~.!.??-:
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UI~TXL A CtlANGE Z$
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Hilwaukie, OR ~97267
BARGAIN AND ~E DEE~
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said ~o~thcrly lina: thence south 32 21' west
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THIS IxS~NT WILL N~ AL~ ~$E OF ~E PROP~
DESCRIBED IN THIS INSTRUMENT ~N VIO~TION OF APPL]CAB~ ~D USE
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ATTACHMENT C
llB
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 Madon 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.
II. 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 Madon 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
ANNEX 00-01, ZC 00-01 Page 1
-- llB
III.
IV.
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
ZONE CHANGE 00-01
A. VVOODBURN COMPREHENSIVE PLAN
B. VVOODBURN ZONING ORDINANCE 1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 00-01
A. Ore~on Statewide Planning 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
ANNEX 00-O1, ZC 00-01 Page 2
llB
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 cdteria 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.
ANNEX 00-01, ZC 00-01 Page 3
liB
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 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:
Co
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)
ANNEX 00-01, ZC 00-01 Page 4
lib
levels of service needed and desired.
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
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:
ANNEX 00-01, ZC 00-01 Page 5
lib
· Lincoln Street / Aztec Drive
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-I. 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.
ANNEX 00-01, ZC 00-01
Page 6
llB
..... The second large commercial area which has developed in the City is
the commercial stdp along Highway 99E. The strip zoning along 99E has
caused many problems in the City of Woodbum. 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.
XI.
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
ANNEX 00-01, ZC 00-01 Page 7
lib
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 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.
ANNEX 00-01, ZC 00-01 Page 8
llB
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 contained herein, this proposal meets all approval criteria
relating to an Annexation and a Zone Change.
ANNEX 00-01, ZC 00-01 Page 9
ATTACHMENT D
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. Priorto 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.
ANNEX 00-01, ZC 00-01 Page 10
llC
COUNCIL BILL NO. 2316
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN ISLAND PROPERTIES TO THE CITY OF
WOODBURN PURSUANT TO ORS 222.750.
WHEREAS, the City of Woodbum initiated the annexation of all the unincorporated islands
surrounded by the City of Woodburn pursuant to the "island" annexation provisions in ORS
222.750; and
WHEREAS, Resolution No. 1620 passed by the City Council and approved by the Mayor
on March 12, 2001, initiated the annexation of the territory, called for a hearing on the proposed
annexation and related public facilities and services and land use questions, and directed that notice
be given; and
WHEREAS, affected property owners were mailed notice of the April 23, 2001 public
hearing and notice was published in a newspaper of general circulation; and
WHEREAS, said hearing was held on April 23, 2001 and continued to May 14, 2001 at
which the legal voters of the city, affected property owners, and others were afforded the
opportunity to be heard; and
WHEREAS, after conducting the hearing and considering all objections with reference to
the proposed annexation, the Council finds that: (a) the territory is all within the Urban Growth
Boundary as shown in the acknowledged Woodburn Area Comprehensive Plan; (b) each territory
to be annexed is completely surrounded by the City ofWoodbum; (c) annexation of the territory is
consistent with the City's Comprehensive Plan and implementing regulations; and (d) it is in the
best interest of the city that the territory be annexed; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The real properties described and depicted on Exhibit "A", which are by this
reference incorporated herein, of this ordinance are hereby annexed to the City of Woodbum,
Oregon
Section 2. The Council's annexation decision is based upon and justified by the findings and
conclusions of the Woodbum City Council which is attached hereto as Exhibit "B" and is by this
reference, incorporated herein.
Section 3. The City Recorder is directed to give notice of the annexation to affected public
utilities and communications carriers, file the annexation with the Secretary of State, and report the
annexation to the County Clerk and County assessor within 10 days after the effective date of this
ordinance.
Page 1 -
COUNCIL BILL NO.
ORDINANCE NO.
Approved as to form.'~, ~ ~
City Attorney
APPROVED:
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
Date
RICHARD JENNINGS, MAYOR
llC
Page 2-
COUNCIL BILL NO.
ORDINANCE NO.
EXHIBIT A
Page l
Wal-~r~ A~me~fio~
llC
Being located in Section 12, Township 5 South, Range 2 West of thc Willamette Meridian, Marion County,
Orego~
Beginning at a point on the South right-of-way line of West Hayes Street which bears North 88° 52' 10"
West 728.17 feet from the Northwest corner of Lot l, 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 28.09 feet; Thence North 88° 52' 10" West 1,3.49.41 feet to a point on the Westerly right-of-
way Une of Stacy Allison Wa~ Thence No,lb 35° 55' I7" East, along said line 34.05 fee~ to a point;
Thence South 88° 52' 10" East 1,329.76 feet to the point ofbeginning, being thc beginning point of the
descxiption of the WAL-MART tract as described in Warranty Deed recorded on Reel 1684, Page 753,
Deed Records of Marion County, Oregott
Containing 0.9 acres of land
Revised May 2, 2001
J_l:lYlfl-"lYM ~" °
C) 01~
'~ 0 -~.__..~
-
· SUBJECT SITE
' ,'-'-. ~.._.\ '~
-. "',, ~ "~ <~.,
~0 ~~0--~~ . ~
'- ~ "- ~ ~ ,~ ,..,..,
llC
FIGURE 1
Van Valkenburg-Simeonov-Burlingham Annexation
EXHH31T A
Page 3
Located in Section 7 and 8, in Township 5 South, Range 1 West of the Willamctte Meridian, Marion
County, Orego~
Beginning at ~he Southwest comer of that tract of land deeded to the Buflingham Partnership by deed
recorded on Reel 1268, Page 226 deed records of Mafion County, Oregon; Thence Southeasterly along the
Southwesterly line of said tract to the Southeast corner of said tract; Thence Northerly along the Easterly
linc of said tract, also being the F~ line of OCOBOCK'S ADDITION, a duly recorded subdivision of
Marion County, Oregon, to the South line oflot 8, Block 3, of the WALILALE HOME TRACTS, a duly
recorded ~bdivision of Marion Coqmty, Oregon; Thence along ~he South line of said lot g, 533.28' +-, to
~he East line of said lot 8; Thence NotCh along said Fast iine,7g9.06' +-, to the intron of the South
tight-of-way line of Oregon State Highway 214 - Mount Hood Avenue; Thence West along said South
tight-of-way line to the intersection of the Northwesterly line of lot 4, block 3, of said WALK. ALE HOME
TRACTS; Thence Southwesterly along said Northwesterly line, 430.28' +-, to Oxe most Westerly comer of
said lot 4 and on the Northerly line of lot 7 of aforementioned OCO~'S ADDITION; Thence West
along said Northerly line, 226.72'+: to the Northwe~ corner of OCOBO(~'S ADDITION; Thence
Southwesterly along the Northwesterly line of OCOBOCK'$ ADDITION to the point of begirming.
Containing a total of 19.5 acres of land
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Revised May 2, 2001
EXIIIB1T A
Page 4
,j
SUBJECT SITE
103 03 03 5
FIGURE 2
F. XHm~A
Page 5
Being located in Section 13, Township 5 South, Range 2 West of the Willamme Meridian, Marion County,
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 fee~ South 89° 41'30" East and 2599.55 feet South 89° 39' East from the
most Northerly Northwest corner of the Peter Raymond Donation Land Claim No. 88, in Township 5
South, Range 2 We~ of~e Vffllamette/v[et~di_nrl, ]V~ation Coo~ty, Ol~goil, said point of beginning being
also the Notthwea comer of thai certain ~ 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' Wes~ along the center of said County Road 6.31 feet; Theaoe South 00° 43'30" Wes~ 412.01 feet;
Thence Souih 87° 53'40~ Eas~ 114.06 fee~; Thence North 00° 21' East 15.50 feet to the Somheast comer of
said Widmer tract; Thence North 00°21' East along the P~_~ line of said Widmer tract 400 feet to the
Northea~ comer of said Widmer Ix-act, and the center line of said County Road; Thence North 89° 39'
West along the North line of said Widmer trac~ in the center of said County Road 105 feet to the point of
Containing a total of 1.1 acres of land
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EXI-J]]3iT A
V~ge6 llC
ZOo
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412.01
SUBJECT SITE
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FIGURE 3
EXHIBIT A
Page 7
Gornum Annexntion, 2523 Bcones Ferry Ro~d
Being located in Section 7 Township, 5 Soulh, Range 1 West of the Willamette Meridian, Marion County,
Oregon.
Beginning at the Southeast comer of Lot 9, ~ Ac~es in Township 5 South, Range I West of the
Willamette Meridian, Marion County, Oregon, said Southeast corner being the intersection of the West
Line of Boones Fen3, Road with the North line of Country Club Road; Thence North 87° 12' West 180.00
feet along he North line of Count~ Club Road Io an iron pipe; Thence North 09° 42' East 149.67 feet to an
iron pipe; Thence Sou~h 85° 17' Eas/195.84 feet lo an iron pipe on Ihe West line of said Boones Ferry
[toad; 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
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, * \..~, CONCORD ST
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FIGURE 4
EXI-HBIT A
Page 9
Being located in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion
OregOn.
Beginning at tl~ intersection point Boones Ferry Road and Coutm3, Club Road in Marion County, Oregon;
Thence North g7° 43' 15" West along the centerline of Country Club Road !,! 10 feet more or less to a
point; Thence South 02° 16' 45" West, 30.00 feet to a point on the South fight-of-way line of said Country
Club Road and the Northwest corner of that tract of land conveyed to Richard L Vachter by deed recorded
on Reel 562 Page 262, Deed Records of Marion County, Oregon; Thence South 87° 4Y 15~ East along
said South fight-of-way 15 i.00 feel to the Northwest corner of that uact 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 feel along the West line of said tract to the Southwest comer of said tract; Thence
Westerly along the southline of said tract and parallel to the South line of Cotmt~ Club Road 200 feet to
the Southeast corner of said tract, also being a point on the West line of Ilmt Iract 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 Iract to a comet-,
Thence South 87° 22' 47" East 22 feel more or less to the most Easterly Southeast comer of said tract;
Thence North 02° 15' 05" East 266.74 feet to the Northeast comer of said Church track 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° 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 Bcon~ Ferry Road; Thence Northerly along
said centerline 210 feet more or less to the point of beginning.
Containing a total of 4.9 acres of land
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Revised May 2, 2001
0
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Page 10
FIGURE 5
Cornwall Annexation, 1060 Boones Ferry Road
EXHIBIT A
Page 11
11C
Being located in Section 7, Township 5 South Range 1 West of the Willamette Meddian, Marion County,
Oregmt
Beginning at the Southwest corner of that tract of land conveyed to THE COENWELL FAlvflLY
LIIVOTED PARTNERSI-~P by deed recorded on Reel 1720, Page 601, Deed Records of Marion County,
Oregon, said point being at thc centedinc of Boone's Ferry Road; Thence Southeastexty 339 feet more or
less to the Southeast corner of said tract; Thence North 21°45'41"~ 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 centerline of
Boone's Ferry Road and the Northwest comer of said tract; Thence South 13027' 00" West along said
centedine 183.7 feet more or less to the ixfint of beginninF~
Containing a total of 1.9 acre~ of land
o ~
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EXHIBIT A
Page 12
o
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SUBJECT SITE
/
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5 ~WoT^c
FIGURE 6
~.'~.,.~.~.,.-,~,-~'.:,; · '.,? , : f.:-' .o ,'..'~'.-.':.~ ~ · .-..-
B~lien Annex~ 2580 Boone~ Ferry Road
EXHIBIT A
Page 13
Being located in Section 7, Township $ South, Range I West of the Willamette Meridian, Marion County,
Oregott
Beginning at the ,Southwest comer of tha~ 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 Nortbea~ corner of Section 7, Township 5 South,
R~nge 1 Wes~ of the Willamette Meridian, Marion County, Oregon, said beginning point is also in the
center of the Booms Ferry Road; Theme North 21 ° 04' East 170.67 fee~ along the centedine of said
Boones Feny Road; Thence South (~° 30'30' ~ 139.34 feet to an iron pipe; Thence South 20° 42'30"
West 117.64 fee~ to an iron pipe set in the South line of said ,~G. Glatt l:gopertT, Thcnce North 87° 33'
Wa 147.70 fce~ along said South line to the point of bnginning.
Con,fining a total of 0.5 acres of land
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O
9'
8
2OO
-~SUBJECT
SITE
1 400
1
340O
3500
2
EXHIBIT A
Page 14
N01~. 11~ts ~ ~SS~S~EO wrrH
rAXLOr 4OO O~ UAP OS ~W O~Oc
78.3~
3700
3soo ~
3 ~J~J
153.07
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2
FIGURE 7
3800
TRACT K
2700
19.2~ AC
103 O:
EXHIBIT A
Page 15
Nau~, Miller, Snuvain, tindstrom Annexation
Being located in Seclion 7, Township 5 Soa~h, Range i West ofthe Willamette Meridian, Marion County,
Beginning at a point on the centerline of Boone~ Ferry 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 fee~ to the Southeast corner of said tract and a point on the West
line of MILLER FARM SUBDIVISION, a duly recorded plat of Marion County, Oregon; Thence along thc
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 NotCh 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. Nauta by deed recorded on Reel 465 Page 213 of the
lvtariou County Deed Records, to the centex line of Boones Ferry Road; Thence South 15° 45'05" We~t
along said centerline, 590.53' +- to the Southwest corner of that tract of land conveyed to Donald E.
Lindstrom, the point of I~ginning.
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Containing a total of 3.1 acres of land
Revised May 2, 2001
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009
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EXHIBITA
Page 17
Laurel Avenue Almcxafiun ~'S ADDITION)
Being located in Section 17, Township 5 South, Range I West ofthe Willamette Meridian, Marion County,
Orego~
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Beginning at the Southwesl corner of Lin 9, Block 2 of WYNIq'S ADDITION, a duly recorded
subdivision of Mation Counly, Oregon; Thence North 87° 00' East along ~e South line of said subdivision
1,102.41 feet to the Southeast conv~ of lot 14; Thence North 03 * 00' 00" West, 310.00 feet to the North
tight of way line of Laurel Avenue; Thence North 87° 00' East, 197.90' +- along said right of way to the
Southeast corner oflot 15, bioc~ i, WYNN'S ADDITION; Thence North 03° 00' 00" West, 239.20 feet to
the Northeast comer of lot 15, YNN'S ADDITION; Thence North 89° 06' 00" West, 684.77 feet to the
Northwest comer of Omi 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
comer 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" We~, 4.05 feet; Thence North 57° 40' 05" Wea-t,
162.92 feet to a point on thc -Easterly line of U.S. Highway 99E; Thence Southwesterly along said Easterly
line, 260.00' +- to thc point of beginning
Conlaining a total of 11.68 acres of land
Revised May 2, 2001
(:::3,
FIGURE 9
EXtt]~n' A
PaEe 18
..~ llC
Brown Sleet Annexation
EXHIBIT A
Page 19
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Located in Section 18, Township 5 South, Range i West of the Willamette Meridian, Marion County,
Oregon.
All that property currently outside of the city boundary lying between Brown Sa'e. eta dedicated public
right-of-way, The North boundary of Meadowwood 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 more particularly described as follows:
Beginning at the Northeast comer to the Peter Raymond D. L. C.# 58 Thence Northeasterly along the West
line of the Bradford S. Bonney D. L. C. #47 to the Woodbum City Boundary as set forth by the original
city charter, being the South line of that boundary, (South line of which begins at the intersection of the
centerline of the Oregon and California Railroad (Union Pacific) right-of-way with the North boundary of
the Peter Raymond D. L. C. # 58, thence Easterly in a straight line to the point of intersection with the
centerline of Highway 99 East and the centerline of the Oregian Railroad (Willamette Valley)); Thence
Westerly along said city boundary to a point on the East right of way line of Brown Street; Thence
Southeasterly along said right of way to the Northwest comer of Meadowwood Subdivision, a duly
recorded plat of Marion County Oregon; thence along the North line of said plat, North 89' 37' 35" East,
351.34 feet; Thence South 58° 14' 27" East 39.13 feet; Thence South 89° 35' East, 510.59 feet to the
point of beginning.
Containing a total 2.1 acres of land more or less
o g
89'98
IT!
50
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EXHIBIT B
Page 1
FINDINGS OF FACT AND CONCLUSIONS
APPLICABLE COMPREHENSIVE PLAN
STANDARDS AND CRITERIA
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 is/ands 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 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:
Annexation of the islands 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
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EXHIBIT B
Page 2
water services. The City generally provides emergency po/ice
responses to these areas. The City parks and library are available
to these island areas. The annexation of the islands 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 a/ready 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 islands will maximize the use of existing City
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.
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EXHIBIT B
Page 3
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 islands are currently developed with residential
and commercial uses. The islands, 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
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
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EXHIBIT B
Page 4
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 is/ands.
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, infill development may be facilitated.
The ten is/ands of unincorporated/and 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 participate 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.
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EXHIBIT B
Page 5
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
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 islands 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 islands it does suggest that
is/ands should not be created and is indirectly supportive of
annexing the islands 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 criteda 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.
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EXHIBIT B
Page 6
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 is/ands 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 oft he 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 P/an policy is not applicable to the annexation
of the is/ands 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 po/icy 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 islands within the city.
11(
EXHIBIT B
Page 7
Public Services Goals and Policies
Goal
H-I.
Public fadlities 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 waterline 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 ggE. In the Hwy the
City has a lO-inch sanitary sewer line and a 12-inch water line.
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EXHIBIT B
Page 8
Policies
These lines can be extended west in Laurel Avenue. Six of the
properties in this is/and 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 gg to the west
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.
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 Plan po/icy is not applicable to the annexation
of the islands 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 po/icy is not applicable to the annexation
of the islands within the city.
Growth Goals
I--l,
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.
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EXHIBIT B
Page 9
FINDING:
As discussed under H-l, the City has necessary sanitary and water
services to serve the islands. 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
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 O. 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 vadance with City capacity
standards and facility master plans shall require findings of appropriate
mitigating measures by the Public Works Department. Other public
11(
EXHIBIT B
Page 10
FINDING:
L-3.
FINDING:
L-4
service providers such as the School District and Fire District also
address capacity considerations.
The findings under H-f and L-f 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
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 islands will not create urban sprawl. Rather, the
annexation of the islands 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.
llC
EXHIBIT B
Page 11
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.
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.
L-5
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.
llC
EXHIBIT B
Page 12
FINDING:
L-6
FINDING:
L-7
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
and completion of streets. The potential benefit is improved
connectivity in the street pattern as the City develops.
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.
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
llC
EXHIBIT B
Page 13
FINDING:
L-8
FINDING:
L-9
FINDING:
L-10
avoid unnecessary gaps in the development and improvement of the
major streets.
Please refer to the previous finding.
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.
Not applicable for the annexation of islands of unincorporated land.
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.
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.
11C
EXHIBIT B
Page 14
M=
FINDING: Not applicable for the annexation of islands of unincorporated land.
L-1 1
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.
FINDING: Not applicable for the annexation of is/ands of unincorporated land.
L-12
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 turn allows for
the diversification in income types.
FINDING: Not applicable for the annexation of islands of unincorporated land.
Growth and Urbanization Policies
a-1.
To insure the 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:
Ail needed services are already available.
satisfied.
This criterion is
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. When and if the growth
control is used, the City shall reexamine the public facilities plan and
llC
EXHIBIT B
Page 15
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 is/ands
of unannexed property
U-7.
FINDING:
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.
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.
U-8.
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.
llC
EXHIBIT B
Page 16
FINDING:
The City is not proposing amendments to the City's Comprehensive
Plan. This policy is not applicable.
M-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 is/ands does not affect the area
outside the urban growth boundary. This po/icy 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.
EXHIBIT B
Page 17
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).
May 14, 2001
Attachment 1
Page 1 of 4
I1D
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council_~~
John C. Brown, City Administratot:~'~
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. Woodbttrn's TOT has
been 6 percent since 1991. Statewide, TOT's average approximately 8 percent. Larger
dries 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 $ 99,376 * $ 22,083**
* Collections through 3/31/01. Revenue budgeted for 2000-01 is $135,000
** Based on estimated year-end collections of $132,,500
11D
June 11, 2001
TO:
FROI~I:
SUBJECT:
Honorable Hayor and Ci~ Council ,~/
John C. Brown, City Administrator~''-
Transient Occupancy Tax Increase
Recommendation:
Adopt the attached ordinance amending the Transient Occupancy Tax Ordinance to
dedicate a certain percentage of the transient occupancy tax to tourism and economic
development and to raise the amount of said tax.
· Background:
You considered the subject tax increase at your regular meeting of May 14, 2001 and
directed staff to return with an ordinance which increases the transient occupancy tax from
six (6) to nine (9) percent, and which dedicates the increase to support tourism and
economic development activities. Background regarding the proposed reasons for and uses
of increased tot revenues is provided in Attachment 1.
Discussion:
The attached ordinance reflects the provisions of the proposal presented to you on May
14, 2001. it increases the TOT to 9 percent, effective July 11, 2001 *, and dedicates
the resulting revenues to activities that support tourism and economic development. The
ordinance dictates that one third of the increase will support the City's Events program,
and that the remaining two thirds of the increase will finance a City-sponsored grant
program to fund tourism and economic development activities on a fee-for-service basis.
Financial Impact:
It is estimated that the recommended action will generate approximately $60-66,000 for
tourism and economic development activities, on an annual basis. Of that, the City will
receive approximately $20-22,000 annually for its Events program, and $40-44,000 will
be available for distribution to local agencies.
]CB
* The proposal approved by City Council anticipated a July 1, 2001 effective date. Because this is a taxing
ordinance, it cannot be adopted as an urgency measure or become effective until thirty days after it is
adopted. The thirty-day period ends on July 11, 2001.
Honorable Mayor and City Council
IVlay 14, 2001
Page 2.
Attachment 1
Page 2 of 4
llD
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, 4t~ 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 cost 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
Honorable Mayor and City Council
May 14, 2001
Page 3.
Attachment 1
Page 3 of 4
llD
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 Woodbum, 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 eaimarked 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 redpients of dedicated TOT
funding. Dedicated ftmds 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
Woodbum. 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 dty 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
Attachment 1
Page 4 of 4
Honorable Mayor and City Council
May 14, 2001
Page 4.
11D
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
llD
COUNCIL BILL NO. 2317
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2057 (THE TRANSIENT
OCCUPANCY TAX ORDINANCE) TO DEDICATE A CERTAIN PERCENTAGE OF
THE TRANSIENT OCCUPANCY TAX TO TOURISM AND ECONOMIC
DEVELOPMENT AND TO RAISE THE AMOUNT OF SAID TAX.
WHEREAS, on 1991 the City enacted Ordinance No. 2057, imposing a transient
occupancy tax; and
WHEREAS, under the provisions of Ordinance No. 2057 the transient occupancy tax
has been used by the City as discretionary revenue; and
WHEREAS, the Council finds that it is now in the City's interest to dedicate a certain
portion of the transient occupancy tax to support tourism and economic development; and
WHEREAS, the Council further finds that in order to accommodate the City's needs, the
transient occupancy tax should be increased from six percent (6%) to nine percent (9%) of the
rent charged by operators under the transient occupancy tax ordinance; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 2 of Ordinance No. 2057 is hereby amended to read as follows:
Section 2. Imposition of Tax. For the privilege of occupancy in a hotel, a
transient shall pay a tax in the amount of nine percent (9%) of the rent charged by
the operator. The tax constitutes a debt owned by the transient to the City, and
the debt is extinguished only when the tax is remitted by the operator to the City.
The transient shall pay the tax to the operator of the hotel at the time the rent is
paid. The operator shall enter the tax into the records when rent is collected if the
operator keeps his records on the accrual accounting basis. If rent is paid in
installments, a proportionate share of the tax shall be paid by the transient to the
operator with each installment. If for any reason the tax due is not paid to the
operator of the hotel, the tax administrator may require that the tax be paid
directly to the City. In all cases, the rent paid or charged for occupancy shall
exclude the sale of any goods, services and commodities other than the furnishing
of rooms, accommodations, and parking space in mobile home parks, trailer parks
or recreation vehicle parks.
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
llD
Section 2. Section 23 of Ordinance No. 2057 is hereby amended to read as follows:
Section 23. Disposition of Tax Funds. All revenue received from the transient
occupancy tax shall be accounted for by a special line item account contained in
the general fund. Sixty-six and two-thirds percent (66 2/3%) of all revenues
received from the transient occupancy tax shall be used at the City Council's
discretion. Thirty-three and one-third percent (33 1/3%) of all revenues received
from the transient occupancy tax shall be dedicated to uses that promote and
support tourism and economic development activities. Of the amount dedicated
to tourism and economic development, one-third (1/3) shall solely be used to
plan, produce and promote City-sponsored celebrations and special events. The
remaining 2/3 shall be used to promote and support other tourism and economic
development activities in the community. These monies shall be distributed on an
annual basis to qualified agencies and organizations on a fee-for-services basis,
pursuant to a tourism and economic development grant program. Policies and
procedures governing that program may be established by City Council
resolution.
Approved asto form.~~,~"'~__ 6-~ "' ~200
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 NO.
11E
June 11, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council~
John C. Brown, City Administrator-3'~"
Telecommunications Franchise Agreement with Data Vision
Communications
Recommendation:
It is recommended the City Council adopt the attached ordinance granting a telecommunications
franchise to Data Vision Communications, a division of Gervais Telephone, to occupy certain
rights-of-way in the City of Woodbum.
Background:
In late 2000, Data Visions Communications, a division of Gervais Telephone, requested a
telecommunications franchise, to provide service to the Montebello Subdivision (Attachment 1).
Data Vision proposes to provide local exchange service to the area (dial tone and custom calling
features), and dedicated transmission service (56Kbs, Digital Subscriber Line, and T-lcircuits),
as a facilities-based provider.
Federal and State telecommunications laws dictate the extent to and manner in which local
jurisdictions can regulate telecommunications carriers. Cities must evaluate requests for, and
grant, franchises if regulatory requirements are met. Jurisdictions may obtain compensation for
the use of their rights-of-way but must do so on a "competitively neutral and non-discriminatory
basis". Local agencies have adopted telecommunications infrastructure ordinances, to assure
telecommunications carriers are treated on a competitively neutral and non-discriminatory basis,
to address the needs of competing carders wanting to operate within their communities, and to
provide a framework for evaluating franchise requests. These ordinances establish the
conditions under which facilities-based carders, those that have or will have telecommunications
facilities within the City, may obtain franchises and operate within public rights of way.
The City had no telecommunications infrastructure ordinance when Data Vision's franchise
request was received. Ordinance 2284 was subsequently adopted by the City Council on April 9,
2001, and now regulates the granting and operation of telecommunications franchises in the City
of Woodbum.
Discussion:
Staff began working on establishing a franchise with Data Vision Communications while the
telecommunications infrastructure ordinance was being developed, so the company could be
prepared to provide telecommunications services to the Montebello subdivision as it is being
constructed. Materials that were ultimately required pursuant to the franchise ordinance were
requested in December 2000 and were received in January 2001. Attachment 2 summarizes
information provided by Data Vision to satisfy franchise application requirements.
lie
Honorable Mayor and City Council
June 11, 2001
Page 2.
Administrative, Finance, and Public Works staff evaluated the documentation provided by Data
Vision, and believe it satisfies the requirements of the telecommunications ordinance and of
other regulatory bodies. As well, the requisite filing fee has been paid. Accordingly, a
telecommunications franchise has been negotiated with Data Vision, and is presented for your
consideration and approval.
The franchise allows Data Vision to occupy City rights-of-way as a facilities-based provider, for
five years. The franchise may be automatically renewed for an additional five years under the
same terms and conditions if both parties agree to do so. A franchise fee of seven (7) percent of
the gross revenues earned within the city will be paid to the City, on a quarterly basis. This is the
same franchise fee applied to Qwest, and is inclusive of any license, privilege or occupation
taxes and associated permit fees or charges that may be charged by the City during the life of the
franchise. Although Data Vision services are currently limited to the Montebello Subdivision,
the area granted under the franchise extends to rights-of-way throughout the City. This allows
for future expansion, and competition with Qwest in those areas allowed by law.
In anticipation of a franchise, Data Vision ran conduit to the subdivision. Upon receipt of a
franchise, Data Vision will run optic fiber from Gervais to the subdivision. It is the company's
intention to run fiber to each household, which will provide for high quality services and rapid
transmission of data. It is company's desire to provide this service to other local customers as it
develops its place in the Woodburn market.
As a point of information, Data Vision is also considering requesting a Cable Television
franchise from the City, to provide cable service to its customers in Woodbum.
Financial Impact:
Based on conservative projections of subscription to Data Visions services, initial franchise fee
revenues to the City are estimated at approximately $3,200. This amount will be affected by the
number of future subscribers, additional services to be provided, and the cost charged for those
services. As this franchise will bring high-speed data transmission to a portion of the City, and
may extend it to other areas of the City in the future, and provide competition to the existing
telecommunication operator, your approval of the attached franchise agreement is respectfully
recommended.
JCB
liE
· ~A~tachment 1
DataVision Communlcanons
a division of Gervais TelephOne Company
NOV 2 Y 2000
November 27, 2000
John Brown, City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Dear Mr. Brown:
With this letter DataVision Communications, a division of Gervais Telephone Company,
is applying for a franchise to provide telecommunications services within the city of
Woodburn. DataVision Communications proposes to provide intraexehange (local
exchange) switched service, i.e., local dial tone, and nonswitehed private line service
(dedicated transmission service) in the Woodburn exchange. DataVision
Communications will operate as a facilities based provider of the above services.
On February 2, 2000, the Public Utility Commission of Oregon granted Gervais
Telephone Company, using a separate division, DataVision Communications, a
Certificate of Authority to provide competitive telecommunications service in the state of
Oregon (order//00-051). DataVision Communications complies with all laws and rules of
that order. I have attached a copy of the order.
Gervais Telephone Company has been in the telecommunications business since 1914
and offers a full range of services from local dial tone to high speed internet service via
digital subscriber line (DSL) technology. It is the local exchange carrier for the city of
Gervais and surrounding areas, has a local presence in the community, and has been an
active participant in community affairs. Gervais Telephone is proud of its excellent
service and low rates and will offer similar high quality service to its customers in
Woodburn.
We believe our entry into the competitive telecommunications business in Woodburn will
be in the best public interest and look forward to working with the Woodburn
community. Thank you for considering this request.
Sincerely,
General Manager
489 Third St., P.O. Box 269, Gervais, OR 97026 (503) 792-3611
DataVision Communications
a division of Gervais Telephone Company
Attachment 2
Page 1 of 2
liE
January 17, 2001
John Brown, City Administrator
City of Woodbum
270 Montgomery Street
Woodbum, OR 97071
Re: telecommunications franchise
Dear Mr. Brown:
I have listed below the information you requested to process our application for a
telecommunications franchise.
Identity of Applicant: The applicant is DataVision Communications, a division of Gervais
Telephone Company. DataVision Communications and Gervais Telephone Company have no
other affiliates. Gervais Telephone Company is a cooperative corporation, which has furnished
telecommunications to customers in the Woodbum (Woodbum addresses outside of the city
limits), Gervais and Salem areas since 1914.
Description of Services: DataVision Communications offers a full line of telecommunications
service including, 1) intraexchange (local exchange) switched service; i.e., local dial tone;
including a full range of custom calling features and voice mail; and, 2) non-switched pdvate line
(dedicated transmission service), such as dedicated 56Kbs, Digital Subscriber Line (DSL), and T-
I circuits.
A detailed list of services currently offered is shown in attachment A. In addition, DataVision
Communications will be able to offer other advanced services as they are developed and demand
develops, including other higher speed dedicated and switched digital services, e.g., digital video
data and video on demand.
Description of Transmission Medium: To provide service, DataVision Communications will
construct its own facilities. We currently have no plans to lease other cardem' services. The
transmission medium will be fiber optic cable to the neighborhoods with distribution to homes on
copper pairs (telephone cables). DataVision Communication's provision of fiber optic based
service will not only provide the highest quality, most reliable telephone service, but also will allow
us to immediately offer high speed DSL intemet connections.
Engineering Plans and Network Map: Preliminary engineering plans are included in attachment
B. All facilities are planned underground.
Preliminary Construction Schedule and Dates: Our preliminary construction dates are to
follow the construction of the Montebello subdivision, placing plastic pipe in the developer's open
utility ditches as the development is built. We will extend the fiber into the subdivision from the
south and pull in the copper distribution cables in 1=t quarter 2001. We will then pull in the drop
wires to homes as the homes are built. The completion of our construction will thus coincide with
the completion of the subdivision. We will initiate the construction of the connection to the fiber
south of the city limits immediately upon approval of this franchise.
489 Third St., P.O. Box 269, Gervais, OR 97026 (503) 792-3611
DataVision Communications
a division of Gervais Telephone Company
Attachment 2
Page 2 of 2
liE
Financials: Gervais Telephone Company's is in a strong financial position, having a ve~j good
debt to equity ratio and cash position, indicating financial capacity to build and operate the
planned projects. Financial statements are included in attachment C.
Technical Qualifications, Experience and Expertise: Gervais Telephone Company is the
franchised local exchange carrier for the City of Gervais and surrounding areas. Its borders
extend to Mt. Angel and Monitor to the east, Vedzon (GTE) in Salem to the south, St. Paul to the
west, and Qwest (US West) in Woodbum to the north. Founded in 1914, Gervais Telephone
Company is a cooperative corporation that pddes itself on service. Our customers are our
owners. Our response time on repairs is averaging 4 hours, and on new orders one day -
among the best in the state. We have an excellent record with the OPUC. We offer our
customers the latest services at pdces that are, across the board, less expensive than the larger
telephone companies.
We have offered DSL service in the Gervais area for over a year. We have a Nortel
digital switch in place with standby power (batteries and generator). During the recent
November, 2000 wind storm, only three customers lost service; and they were restored the next
day. Gervais Telephone Company is a member of the Oregon Telecommunications Association,
the National Telephone Cooperation Association, the United States Telephone Association and
other professional groups. We comply with all applicable OPUC and FCC regulations.
Governmental Approvals: Gervais Telephone Company's Certificate of Authority (UM248) is
included as attachment D. Its Articles of Incorporation are included as attachment E. DataVision
Communications' Certificate of Authority (OPUC Order 00-051) is included as attachment F.
Video Service: DataVision Communications does not intend to provide cable TV service, video
dial tone service or other video programming service at this time.
Existing Facilities: DataVision Communications does not intend to lease any existing
telecommunications facilities at this time. We had some plastic pipe placed in the open utility
ditches in the Montebello subdivision phase 1. There is no cable or fiber in the pipe. That pipe
is shown on attachment B.
Thank you for considering this request. Please contact me if there are any questions.
Sincerely,
General Manager
attachments
489 Third St., P.O. Box 269, Gervais, OR 97026 (503) 792-3611
111
COUNCIL BILL NO. 2318
ORDINANCE NO.
AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO DATA
VISION COMMUNICATIONS, A DIVISION OF GERVAIS TELEPHONE TO OCCUPY
CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN.
WHEREAS, the City regulates the placement of telecommunications facilities within City
rights-of-way pursuant to Ordinance No. 2284, which governs the construction and franchising
of telecommunications utilities operating within the City and desiring to occupy City rights-of-
way; and
WHEREAS, the City received a request from Data Vision Communications, a division of
Gervais Telephone, to place telecommunications facilities in certain rights-of-way within the
City in order to provide service within the City, which facility locations are shown on the
attached Exhibit "A"; and
WHEREAS, the City has reviewed the request and application filed by Data Vision
Communications and finds that the company has the requisite authority to provide these services
from the Federal Communications Commission ("FCC") and that the level of impact on the
City's rights-of-way will be acceptable, and the City Council therefore desires to issue a
franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODBURN
ORDAINS AS FOLLOWS:
Section 1. Franchise Grant.
Ao
Subject to the terms and conditions contained herein, the City of Woodbum does
hereby grant to Data Vision Communications, a division of Gervais Telephone
(hereinafter "Grantee") a telecommunications franchise to locate its facilities
within the rights-of-way of the City, as shown on Exhibit "A" and described in
Grantee's application for a franchise.
Bo
Such grant is subject to all of the laws and ordinances of the City of Woodburn
and the State of Oregon.
Co
The scope of this grant allows the installation of facilities by Grantee in the City's
rights-of-way as depicted in Exhibit "A". Such facilities shall be used by Grantee
to provide telecommunications services consistent with the authority granted by
the FCC. In the event either the location of Grantee's facilities or the nature of
the services provided is proposed for modification, Grantee shall be required to
obtain an additional or revised franchise from the City.
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
liE
Section 2. Construction Standards.
The construction standards of the City of Woodburn, as well as any other
applicable construction standards in existence at the time of this franchise grant or
hereafter enacted, shall apply to all work performed by the Grantee in City rights-
of-way.
Bo
The Grantee's facilities shall not interfere in any way with any of the City's
communications or other public and city-permitted facilities, including other
franchised facilities, either as installed or during operation. The Grantee will
compensate the provider of power directly for the cost of power consumed in
support of Grantee's facilities, and shall hold the City completely harmless from
any power cost.
Co
The Grantee shall locate below the surface of the ground all wiring and physical
improvements within City rights-of-way, unless it is physically impossible to do
so. Placement of any improvements above ground, or on poles shall only be with
the prior review and approval of the City.
Do
Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall independently obtain prior written approval from the owner and/or
operator of the poles on which its facilities shall be placed. Upon request,
Grantee shall provide copies of such written approvals for City review.
Eo
Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall undertake all wiring and physical improvements required by the
owner of each pole to which its facilities are to be attached. In the case of City-
owned poled or fixtures, such work shall be performed subject to the approval of
the City Engineer or his designee.
Section 3. Franchise Fee. The franchise fee payable to the City shall be 7% (seven percent) of
the Grantee's gross revenues earned within the corporate limits of the City. In the event no
revenues are earned, but Grantee is actually occupying City rights-of-way, Grantee shall pay a
minimum annual franchise fee of $1,000. Franchise fees shall be payable quarterly, on or before
April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Such payment
made by the Grantee will be accepted by the City of Woodbum from the Grantee, as also in
payment of any license, privilege or occupation tax or fee for revenue or regulation, or any
permit or inspection fees or similar charges for street openings, installations, construction or for
any other purpose now or hereafter to be imposed by the City of Woodbum upon the Grantee
during the term of this franchise. Payments made more than ten calendar days beyond the due
date shall bear interest at the rate of 9% per annum.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
liE
Section 4. Term. The term of this franchise shall be five (5) years. This franchise shall be
subject to one automatic renewal on the same terms and conditions for an additional period of
five (5) years unless notice is given by either party 180 days in advance of the expiration of the
franchise of it's intention to terminate or re-negotiate the franchise. This franchise shall be
effective upon the date of Grantee's written acceptance of this grant.
Section 5. Acceptance. The grant of franchise herein is conditioned upon Grantee's acceptance
of all terms and conditions hereof in writing in a form acceptable to the City.
Approved as to form: '~f'"), ~a'~'~0V t~~ ~----~ '- ~ t~ ~t
N. Robert Shields, City Attomey Date
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 3 - COUNCIL BILL NO.
ORDINANCE NO.
llF
MEMO
TO:
FROM:
SUBJECT:
City Council through City Administrato~
Public Works Program Manager ~-~' ~'
Agreement with Marion County for Striping of City Streets
DATE: June 6, 2001
RECOMMENDATION:
Approve the attached resolution entering into an intergovernmental agreement with Marion
County for striping of city streets in 2001. The resolution also authorizes the City
Administrator to sign future annual agreements that are consistent with the process as
outlined in the attached agreement.
BACKGROUND:
Marion County has been striping city streets for many years under an informal
agreement. This was the case between the county and several agencies throughout
the county. Marion County Public Works has been directed to enter into
intergovernmental agreements for this striping with the various agencies that they
support with striping of streets.
The county has indicated that they will provide the city with an agreement on an annual
basis. The reason for the annual agreement will be so that costs for the service can be
updated. The county has indicated that the remainder of the agreement will remain
basically the same as the attached agreement. For this reason the resolution also
authorizes the city administrator to sign future agreements as long as city commitments
other than cost adjustments are not significantly modified.
The city has developed a good working relationship with the Marion County striping
crews over the years the city has used the county and their work has been consistently
of good quality. Staff is recommending that the attached resolution entering into an
agreement to formalize the long standing relationship be approved.
11F
COUNCIL BILL NO.
RESOLUTION NO.
2319
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH
MARION COUNTY FOR STRIPING OF PAVED ROADS FOR 2001 AND AUTHORIZING
THE CITY ADMINISTRATOR TO RENEW ANY FUTURE MARION COUNTY
INTERGOVERNMENTAL AGREEMENTS FOR THE STRIPING OF PAVED ROADS
WHICH MAY BE RECEIVED BY THE CITY.
WHEREAS, Marion County has for many years performed striping of paved roads in the
City of Woodbum without a formal agreement, and
WHEREAS, Marion County has determined that an annual intergovernmental agreement
pursuant to the provisions of ORS Section 190 should be in place for all agencies for which the
county provides striping of paved roads, and
WHEREAS, it would be in the best interests of the city to enter into this intergovernmental
agreement and authorize the City Administrator to sign additional future annual agreements from
Marion County for striping of paved roads, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodbum enter into an intergovernmental agreement for
striping of paved roads, which is affixed as Attachment "A" and by this reference incorporated
herein, with Marion County.
Section 2. That the City Administrator of the City of Woodbum is authorized to sign said
intergovernmental agreement on behalf of the City.
Section 3. That the City Administrator of the City of Woodburn is authorized to renew
future striping of paved roads agreements by signing said agreements on behalf of the City.
Approved as to form:
City Attorney Datet t
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
INTERGOVERNMENTAL AGREEMENT
Between
Marion County
a political subdivision of the State of Oregon
and
City of Woodburn
a political subdivision of the State of Oregon
for
2001 Striping of Paved Roads
Attachment "A"
Page 1 of 4
llF
This agreement is made pursuant to ORS 190.003 to 190.110, between Marion County and City of
Woodburn, political subdivisions of the State of Oregon.
In consideration of the mutual obligations and benefits herein set forth, the parties agree as follows:
City of
1.1
1.2
1.3
1.4
1.5
1.6
Woodburn Obligations:
Sweep center and shoulder lines of any gravel, sanding material, and/or dirt.
Provide maps of all locations of painting to be done by June 1,2001.
Make payment within thirty (30) days after receiving invoices from Marion County.
Pay, at cost, for ali materials used for striping.
Mark out any areas that have been overlaid or patched in advance of the striper truck so
it does not stop striping operation.
Submit all requests for work to be performed to:
Don Clark, Sign Shop Supervisor
Marion County Public Works Department
5155 Silverton Road NE
Salem, Oregon 97305
Attachment "A"
Page 2 of 4
Agreement
Marion County/City of Woodburn
2001 Road Striping
2 of 4
11F
Marion
2.1
2.2
2.3
County Obligations:
Stripe all center and shoulder lines that £all under the City of Woodbum City Manager's
responsibility.
Supply all materials for striping.
Submit all invoices, billings, and reports to:
Frank Tiwari, Director
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
General
3.1
3.2
3.3
3.4
3.5
Obligations:
The following costs, including labor and equipment, shall be charged by Marion County
for services under this agreement:
Center Line Striping - $95.00/striping mile
Shoulder line striping - $95.00/striping mile
(A striping mile is each trip the striper makes down each road. A mile of road with
shoulder lines on both sides and center lines is three striping miles.)
The striping should take approximately five (5) working days to complete and will be
done in two phases:
Stripe all new overlay and chip seal roads after their completion.
Stripe the remaining roads.
E~tch party shall be solely liable for third party claims arising i:rom the actions o£that
party's officer, employees, and agents.
Each party shall be solely liable for its employees' workers' compensation claims,
regardless of which party is exercising supervision and control over the project when the
claim arises.
When the parties share supervision and control over a project, each party shall be liable
for third party claims arising from the actions of its officers, employees, and agents.
Attachment "A"
Page 3 of 4
Agreement
Marion County/City of Woodburn
2001 Road Striping
3 of 4
llF
3.6
City of Woodburn shall agree to defend, indemnify, and hold harmless Marion County,
its officers, agents, and employees from damages arising out of the tortious acts of City
of Woodburn, its officers, agents, and employees acting within the scope of their
employment and duties in performance of this agreement subject to the limitations and
conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon
Constitution, Article XI, Section 7.
Likewise, Marion County shall agree to defend, indemnify, and hold harmless City of
Woodburn, its officers, agents, and employees from damages arising out of the tortious
acts of Marion County, its officers, agents, and employees acting within the scope of
their employment and duties in performance of this agreement subject to the limitations
and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the
Oregon Constitution, Article XI, Section 7.
Nothing in this agreement shall be deemed to limit the right of either party to make a
claim against the other for damages and injuries incurred by one party as a result of the
actions of the other party's officers agents and employees.
The work schedule will be determined by the City of Woodburn Public Works Department and the
Marion County Sign Shop Supervisor.
In the event of major breakdowns of the striper truck or an unreasonable wet summer, Marion County
will not be held responsible for completion of this striping.
This agreement represents the entire integrated understanding of the parties. This agreement may be
amended only by in writing, executed with the same formalities as the agreement itself.
This Agreement shall expire on December 31, 2001 unless agreed to by both parties to extend.
Attachment "A"
Page 4 of 4
Agreement
Marion County/City of Woodburn
2001 Road Striping
4 of 4
I1F
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
Marion County
Department of Public Works
City of Woodburn
Robert J. Hansen, Director
City Administrator
Date Date
Approved as to Form:
Approved as to Form:
Marion County Legal Counsel
City of Woodburn Legal Counsel
Date Date
Approved as to Form:
Marion County Contracts Coordinator
Date
MARION COUNTY BOARD
OF COMMISSIONERS
Chair
Commissioner
Commissioner
Date
g:\contract\opsX2001 \woodburnstripe.agr
WOODBUaN
Incorporated 1889
June 8, 2001
To-- Mayor and City Council via John Brown, City Admin
From: D. Randall Westdck, Recreation and Parks Director
RE: Skate Park Resolution
llG
RECOMMENDATION:
Approve the attached revised Resolution authorizing the City to apply for Local Govemment
Grant Program funding for the Skate Park.
BACKGROUND:
At the City Council's April 12, 2001 special meeting, the Council approved Council Bill No.
2302 that authorized the City to apply for Skate Park funding from the Local Govemment
Grant Program. That resolution indicates that the City intends to construct the project at
Legion Park. The resolution should have specified the location for Settlemier Park. The
attached resolution makes this correction.
DISCUSSION:
On June 20, 2001, Recreation and Parks Department staff and representatives from the
Woodbum Skate Park Committee will meet with Oregon Parks and Recreation Department's
Local Govemment Advisory Committee to present the City's Skate Park grant application. At
that time, the City's delegation will provide the corrected resolution to State Recreation and
Parks Department officials. State officials have endorsed this method of correcting the
mistake and have indicated that this minor error will not jeopardize the City's chances to
receive funding.
Attachments
Recreation and Parks Department
270 Momgoraery Street ' Wvodburn, Oregon 97071
Ph.503-982-5264 · lax 503-982-5244
llG
COUNCIL BILL NO. 2320
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF WOODBURN TO APPLY FOR A
LOCAL GOVERNMENT GRANT FROM OREGON PARKS & RECREATION
DEPARTMENT FOR THE SKATE PARK.
WHEREAS, the Oregon parks and Recreation Department is accepting applications for
the Local Government Grant Program; and
WHEREAS, the City of Woodburn desires to participate in this grant program to the
greatest extent possible as a means of providing needed park and recreation improvements and
enhancements; and
WHEREAS, the City of Woodbum's Recreation and Parks Board and City Council have
recognized the constructing a Skate Park as a high priority need in Woodburn; and
WHEREAS, a group of skate board and roller blade enthusiasts and concerned residents
have formed a local committee to raise funds, facilitate design, assist with construction and help
operate a skate park in Woodbum; and
WHEREAS, the City has set designated $75,000 in the 2000-01 Capital Improvement
Program as a local cash match for the project; and
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn be authorized to apply for a Local Government
Grant from the Oregon Parks and Recreation Department for $75,000 at SettlemierPark as
specified above.
Approved as to form:~"'"~'} .e"x~r' ffOn~2) ~--~'-~_.,0t
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 Woodbum, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
llH
MEMO
TO:
FROM:
City Council through City Administrato~.~
Public Works Program Manager
SUBJECT: Authorization for City Administrator to Sign Grant Applications Submitted
to ODOT Public Transit Division
DATE: June 6, 2001
RECOMMENDATION:
Approve the attached resolution authorizing the City Administrator to sign applications and
commit resources on behalf of the city for operational and capital grants submitted to the
Public Transit Division of the Oregon Department of Transportation.
BACKGROUND:
The city has received annual operational assistance grants and periodic capital
purchase grants for many years as a result of applications prepared and submitted by
the city. These grants are administered by the Public Transit Division of the Oregon
Department of Transportation. These grant applications in the past have been signed
by the City Administrator or staff. As part of the submission process of the application
for next fiscal years operating assistance grant, Public Transit Division has required that
a resolution from City Council authorizing a designated representative to sign the
application and commit resources on behalf of the city be provided.
The resources committed would be for designated matching funds that are required as
a condition of the individual grant. Grant applications normally require that the source
of matching funds be identified and require an assurance that match funds will be
available if the grant is awarded. Matching fund requirements are normally 10% to 20%
for capital grants and 50% for operational assistance grants.
These grants have been a consistent source of transit funding. Public Transit Division
has indicated that future applications will also required that a copy of the resolution be
included. Staff is recommending that the attached resolution be approved.
11I-I
COUNCIL BILL NO.
RESOLUTION NO.
2321
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SIGN APPLICATIONS
AND COMMIT CITY RESOURCES ON BEHALF OF THE CITY FOR OPERATIONAL AND
CAPITAL GRANTS SUBMITTED TO THE PUBLIC TRANSIT DIVISION OF THE
OREGON DEPARTMENT OF TRANSPORTATION
WHEREAS, The City of Woodburn has received annual operational assistance
grants and, on an as needed basis, capital equipment grants administered by the Public
Transit Section of the Oregon Department of Transportation, and
WHEREAS, Public Transit Section of the Oregon Department of Transportation is
now requiring a Resolution approved by the City Council which designates an official
representative of the governing body to sign applications and commit resources required
for matching funds to receive such grants, and
WHEREAS, it would be in the best interests of the city to authorize the City
Administrator to sign applications and commit resources on behalf of the city for
operational and capital grant applications submitted to the Public Transit Section of the
Oregon Department of Transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City Administrator of the City of Woodburn is authorized to
sign applications and commit resources on behalf of the city for operational and capital
grant applications submitted to the Public Transit Section of the Oregon Department of
· Transportation.
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
llH
Approved as to form:
City Attorney
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
11I
MEMO
To: For Council Action, through the City Administrator
From: David N. Torgeson, P.E., through the Public Works Director ,/~7~/.
Subject: Amendment to South Woodbum Sanitary Sewer Engineering Agreement
Date: June 7, 2001
RECOMMENDATION:
It is recommended that the City Council approve the attached resolution that allows
work scope 'Schedule B' to be replaced by 'Amended Schedule B' to an Agreement
with Suzanne Crane Engineering, Inc.
BACKGROUND:
Council approved an engineering agreement with Suzanne Crane Engineering, Inc. in
August 1998. (Refer to Resolution Number 1507.) The agreement included work at the
Vanderbeck Sewer Pump Station (now complete) and other tasks involving sanitary
sewers in south Woodburn.
Recently, the city was awarded a grant for construction of sidewalks in Highway 214,
near the Mill Creek Sewer Pump Station. A significant part of the sidewalk will occur in
the corridor of a major gravity sewer, which reaches the pump station from the west.
Several segments of this sewer are nearing their capacity, and will require
replacement. Because of foreseeable conflicts, it will be prudent to perform the sewer
work before the sidewalk project begins.
The proposed amendment to the August 1998 contract will permit design and
construction of the so-called Westerly Relieving Interceptor, needed to further expedite
the sidewalk project. To accommodate the change of work scope, the design of the
South Pump Station has been reduced. The amendment includes pre-design work at
the pump station. (The principal work product will be a report that addresses siting and
equipment requirements of the Department of Environmental Quality.) Additionally, final
design and bid documents for sewer rehabilitation south of Cleveland Street are
included in the amended scope of work.
Amended Schedule B is attached to the original resolution.
FINANCIAL IMPACT:
The cost of the contract will remain the same as established by the August 1998
agreement, and it shall not increase.
DNT:dt
Attachments
COUNCIL BILL NO. 2322
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN ADDENDUM TO AN AGREEMENT WITH
SUZANNE CRANE ENGINEERING, INC. AND AUTHORIZING THE MAYOR TO
SIGN SAID ADDENDUM.
WHEREAS, in 1998 the City selected Suzanne Crane Engineering, Inc., dba Crane and
Merseth Engineering/Surveying to provide certain services and entered into an agreement; and
WHEREAS, a portion of these contracted services have been completed; and
WHEREAS, it has become necessary to change the scope of work under the original
agreement; and
WHEREAS, this modification must be memorialized in an Addendum; NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an Addendum with Suzanne Crane Engineering, Inc.,
modifying the scope of work under the original agreement. A copy of said Addendum is
attached as Exhibit "A" and by this reference is incorporated herein.
Section 2. That the Mayor is authorized to sign said Addendum on behalf of the City.
Approved as to form:t~). ~ ~ g- 7-- Z°O[
N. Robert Shields, City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodbum, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
Approved:
Richard Jennings, Mayor
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Exhibit "A"
Page 1 of 1
11I
ADDENDUM TO AGREEMENT
FOR PROFESSIONAL SERVICES
WITH SUZANNE CRANE ENGINEERING, INC.
THIS ADDENDUM TO AGREEMENT, is entered into this __ day of June, 2001,
between the City of Woodbum ("City"), an Oregon municipal corporation, and Suzanne Crane
Engineering, Inc.("Engineer"), an Oregon corporation.
WITNESSETH:
WHEREAS, City and Engineer executed an Agreement for Professional Services (the
"original agreement") on August 25, 1998; and
WHEREAS, the parties now desire to modify the original agreement to change the scope
of services; NOW, THEREFORE,
In consideration of the terms, conditions and covenants contained herein, the parties
agree as follows:
Section 1. Schedule B of Attachment 1 of the original agreement is hereby deleted and
replaced with the Amended Schedule B.
Section 2. The Amended Schedule B is made a part of the original agreement. Said
Amended Schedule B is affixed hereto and, by this reference, incorporated herein.
Section 3. This Addendum is effective upon execution by the parties.
Section 4. This Addendum is supplemental to the original agreement and nothing herein
contained shall be construed as amending or modifying the same except as herein specifically
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be
executed as of the day and year first herein above written.
CITY OF WOODBURN:
SUZANNE CRANE ENGINEERING, INC.
By: By:
Richard Jennings, Mayor
Gordon Merseth, P.E., Vice-President
ATTEST:
Mary Tennant, City Recorder
City of Woodbum, Oregon
11I
AMENDED SCHEDULE B
AMENDED SCOPE OF WORK
JUNE 2001
Because of the lengthiness of this document, it is not
included in the Council packet, but is attached to the
original resolution and available for inspection in the office
of the City Recorder.
COUNCIL BILL NO. 2323
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN
TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2001-02.
WHEREAS, Oregon Revised Statutes 221.760 provides that the officer
responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805
shall, in the case of a city located within a county having more than 100,000 habitants according
to the most recent federal decennial census, disburse such funds only if the City provides four or
more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction,
maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and
subdivision control, and (7) one or more utility services, and
WHEREAS, City officials recognize the desirability of assisting the state officer
responsible for determining the eligibility of cities to receive such funds in accordance with ORS
221.760, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby certifies that it provides the
following four or more services enumerated in ORS 221.760:
(1)
(2)
(3)
(4)
(5)
(6)
Approved as to
Police protection;'
Street construction, maintenance, and lighting;
Sanitary sewers;
Storm sewers;
Planning, zoning, and subdivision control; and
One Utility service.
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 1 - Council Bill No.
Resolution No.
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MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator"~~
Public Works Program Manager
Agreement for Site Lease for Cricket Oregon Property Company to Utilize
Water Tower
February 7, 2001
RECOMMENDATION: Approve the attached resolution entering into a site lease
agreement with Cricket Oregon Property Company for use of the city water tower for
telecommunications antennas.
BACKGROUND: The Cricket Oregon Property Company requested that they be
allowed to use the city water tower to mount antennas to be used for cellular telephone
antenna systems. They will also install cellular phone equipment under the water tower
as part of the cellular phone system.
The site lease agreement has been developed which is consistent with leases of other
cellular phone providers that have antenna facilities located on the water tower. Staff is
recommending that the resolution be approved.
COUNCIL BILL NO.
RESOLUTION NO.
2324
A RESOLUTION ENTERING INTO A SITE LEASE AGREEMENT FOR SPACE ON THE CITY
WATER TOWERS WITH CRICKET OREGON PROPERTY COMPANY AND AUTHORIZING
THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, The Cricket Oregon Property Company has requested that the city allow the
placement of antennas on the city water towers to allow installation of telecommunications
antennas and support equipment, and
WHEREAS, The City has developed a site lease agreement with the Cricket Property
Oregon Company that outlines responsibilities for use of the water towers, and
WHEREAS, The City has determined that it is in the best interests of the city and proper
to lease space on the water tower structures; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement, which is affixed as
Attachment "A" and by this reference incorporated herein, with the Cricket Oregon Property
Company for use of the city water towers for antennas and support equipment.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said agreement
on behalf of the City.
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
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Approved as to form: ,
N. Robert Shields, City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodbum, Oregon
Date
Approved:
Richard Jennings, Mayor
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
ATTAOHMEIqT ~'
Page I of I !
SITE LEASE AGREEMENT
Duplicate Original
Page 1 of 7
THIS SITE LEASE AGREEMENT ("Lease") is entered into this ~ day of
2001, between CITY OF WOODBURN, an Oregon municipal corporation ("Landlord") and
CRICKET OREGON PROPERTY COMPANY, a Delaware corporation, ("Tenant").
1. Premises. Subject to the following terms and conditions, Landlord leases to
Tenant exclusive use of a portion of the real property (the "Property") described in the attached
Exhibit A. Tenant's use of the Property shall be limited to that portion of the Property together
with easements for access and utilities, described and depicted in attached Exhibits B
(collectively referred to hereinafter as the "Premises").
2. Term. The initial term of the Lease shall be five years, commencing on July 1,
2001, and terminating at midnight on the last day of the month in which the fifth annual
anniversary of the Commencement Date shall have occurred.
3. Permitted Use. The Premises may be used exclusively by Tenant only for
permitted uses, which are the transmission and reception of radio communication signals and for
the construction, installation, operation, maintenance, repair, removal or replacement of the
related facilities, tower and base, antennas, microwave dishes, equipment shelters and/or
cabinets and related activities. ~
Tenant shall obtain, at Tenant's expense, all licenses and permits required for
Tenant's use of the Premises from all applicable government and/or regulatory entities (the
"Governmental Approvals") and may, prior to the Commencement Date obtain a title report,
perform surveys, soil tests, and other engineering procedures on, under and over the Property,
necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system design, operations and Governmental Approvals. Landlord
agrees to reasonably cooperate with Tenant (at no cost to Landlord), where required, to perform
such procedures or obtain Governmental Approvals.
4. Rent.
a. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the
sum of One Thousand Dollars ($1,000.00 ) per month ("Rent"). Rent shall be payable on the
first day of each month in advance to, CITY OF WOODBURN, at Landlord's address specified
below.
b. If this Lease is terminated at a time other than on the last day of a month,
Rent shall be prorated as of the date of termination for any reason other than a default by Tenant,
and all prepaid Rent shall be refunded to Tenant.
c. If Tenant shall not have obtained all Governmental Approvals necessary
ATTAOI"JMENT,, r~
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Duplicate Original
Page 2 of 7
to commence its permitted use within one year from the Commencement Date specified above,
then Tenant shall, by notice to Landlord, have the right to cancel all rights and obligations under
this Lease, provided Tenant reimburses Landlord for expenses incurred in the amount of
$500.00.
5. Renewal. Tenant shall have the right to extend this Lease for three additional
five-year terms ("Renewal Term"). Each Renewal Term shall be on the same terms and
conditions as set forth herein except that rent shall be increased after each term by a percentage
equal to the percentage increase in the Consumer Price Index for Urban Wage Earners and
Clerical Workers for the Portland Metropolitan Statistical Area measured from commencement
or last renewal date of this lease to the (next) renewal date. However, Rent shall not increase
more than twenty percent (20%) of the rent paid over the preceding term. Landlord shall be
responsible for communicating the amount of the rental adjustment to Tenant and shall provide
Tenant with supporting data upon which the adjustment is calculated.
This Lease shall automatically renew for each successive Renewal Term unless either
party notifies the other, in writing, of that party's intention not to renew this Lease, at least 90
days prior to the expiration of the term or any Renewal Term.
If Tenant shall remain in possession of the Premises at the expiration of this Lease or any
Renewal without a written agreement, such tenancy shall be deemed a month-to-month tenancy
under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes with
the existing use of the Property by Landlord, or with any use by another tenant which use existed
at the time that this Lease was executed (subject to Tenant's rights under this Lease, including
non-interference). Tenant has informed itself of Landlord's use of the Property. If it is
determined that there is identifiable interference between Tenant's electronic equipment and the
electronic equipment already permitted on the Property by Landlord for which Tenant is
responsible under this Lease, Tenant shall be solely responsible for the timely resolution of all
interference concerns that are directly attributable to Tenant's use. In the event that Tenant is
unable to satisfactorily resolve all interference concerns which are Tenant's responsibility under
this Lease, Tenant may be required to terminate all operations immediately. If, after the first
five years of this Lease, it is deemed that Landlord has need of that portion of the Property
occupied by Tenant for expansion of Landlord's existing use, Landlord will seek to relocate
Tenant on the Property if possible. Such relocation, if required, shall be at Tenant's sole cost
and expense.
Landlord shall not permit use by others of Landlord's property adjoining the Premises
which would unreasonably interfere with, or disrupt, Tenant's use of the Premises.
7. Improvements; Utilities; Access.
a. Tenant shall have the right, at its expense, to erect and maintain on the Premises
ATTA~E~n'~
I~e-Z5 of~
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Duplicate Original
Page 3 of 7
microcellular antenna facilities: antenna pole, antennas, coax, and microcell electronics and
equipment cabinet(s) or vault(s) as identified on Exhibit C, (collectively the "Antenna
Facilities"). Landlord's prior consent to the plans and specifications for improvements shall be
required and shall be deemed given as to those items listed in Exhibit C hereto. The consent, if
in the public interest, shall not be unreasonably withheld, conditioned or delayed.
Tenant shall cause all construction to occur lien-free and in compliance with all
applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of
Tenant. Tenant shall remove the Antenna Facilities upon termination or expiration of this Lease
and shall return the Premises to approximate original condition except ordinary wear and tear
and shall be liable for any damage caused by such removal.
b. Tenant shall, at Tenant's expense, keep and maintain the Premises and
improvements now or hereafter located thereon in commercially reasonable condition and repair
during the term of this Lease.
c. Tenant shall separately meter and pay any additional utilities charges due
to Tenant's use. Tenant shall have the right to install utilities, at Tenant's expense, and to
improve the present utilities on the Premises. Landlord hereby grants an easement to
permanently place any utilities on or to bring utilities across the Property in order to service the
Premises and the Antenna Facilities. Utilities shall be limited to the location shown on the
attached Exhibit B-1 and be limited to power and telephone utilities.
d. As partial consideration for rent paid under this Lease, Landlord hereby
grants Tenant an easement ("Easement") for ingress, egress and access (including access as
described in paragraph 1) to the Premises adequate to service the Premises and the Antenna
Facilities at all times during the term of this Lease or any Renewal Term. Upon notice, Landlord
shall have the right, at Landlord's sole expense, to relocate the Easement to Tenant, provided
such new location shall not materially interfere with Tenant's operations. Any Easement
provided hereunder shall have the same term as this Lease.
e. Tenant shall have 24-hour-a-day, 7-day-a-week access to Premises at all
times during the term of this Lease and any Renewal Term, except during an emergency . For
the purpose of this Lease, an "emergency" is defined as any man-made or natural event or
circumstance causing or threatening loss of life, injury to person or property, human suffering or
financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought,
earthquake, volcanic activity, spills or releases of oil or hazardous materials, disease, blight,
infestation, civil disturbance, riot, sabotage and war.
8. Termination. Except as otherwise provided herein, this Lease may be terminated,
without any penalty or further liability as follows:
a. Upon (ten)10 days written notice by Landlord if Tenant fails to cure a
default for payment of amounts due under this Lease within that 10 day period;
ATTACH. ~ENT .~
Page '~t of t/
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Duplicate Original
Page 4 of 7
b. Upon thirty (30) days written notice by either party if the other party
commits a non-monetary default and fails to cure or commence curing such default within this
thirty (30) day period.
c. Upon ninety (90) days written notice by Tenant, if it is unable to obtain,
maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval
necessary to the construction and/or operation of the Antenna Facilities or Tenant's business;
d. Immediately upon written notice if the Premises or Property are destroyed
or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the
effective use of the Premises. In such event, all fights and obligations of the parties shall cease
as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of
any Rent prepaid by Tenant;
e. After the first five year term of this Lease or any Renewal Term, upon
ninety (90) days written notice by Landlord if the Woodbum City Council determines the public
interest so requires termination.
9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion
of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real
property taxes and all other fees and assessments attributable to the Premises. However, Tenant
shall pay, as additional Rent, any increase in real property taxes levied against the Premises
(excluding any additional taxes that relate to the period prior to the Commencement Date, i.e.
roll-back taxes) which is directly attributable to Tenant's use of the Premises, and Landlord
agrees to furnish proof of such increase to Tenant.
10. Indemnification. Tenant shall defend, indemnify and hold harmless Landlord, its
officers, agents and employees, from any liability, loss or damage Landlord may suffer
(including any reasonable attorney's fees and expenses) as a result of claims, demands, actions,
suits, costs or damages against Landlord of any kind whatsoever in connection with or arising
out of (1) any violation of law, ordinance or covenant or condition of this Lease by Tenant, its
agents, employees, invitees or visitors or (2) any injury or damage occurring to any person or to
property of any kind belonging to any person while on or in any way connected with any portion
of the Premises during the term of this Lease which results from or is caused by Tenant's use of
the Premises, except for any loss or damage caused to Tenant or others or to property of
Landlord, Tenant, or any other person as a direct result of the negligence or wilful acts of
Landlord or its employees. Tenant shall give Landlord prompt notice in case of casualty or
accidents on the Premises. Tenant, as a material part of the consideration to Landlord, hereby
assumes all risk of damage to property or injury to persons in, upon or about the Premises from
any cause other that Landlord's negligence or willful acts, and Tenant waives all claims in
respect thereof against Landlord.
11. Insurance. Tenant shall maintain public liability and property damage insurance
including automobile liability insurance and a fire legal liability endorsement, that protects
ATTACHMENT
Page ~ of
Duplicate Original
Page 5 of 7
Tenant and Landlord and its officers, agents and employees from any and all risks, claims,
demands, actions and suits for damage to property including without limitation cracking or
breaking of glass, or personal injury, including death, arising directly or indirectly from Tenant's
activities or any condition of the Premises.. The insurance shall provide coverage for not less
than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000
for each occurrence involving property damages; or a single limit policy of not less than
$1,000,000 coveting all claims per occurrence. The limits of the insurance shall be subject to
statutory changes as to maximum limits of liability imposed on municipalities of the State of
Oregon during the terms of this Lease. The insurance shall be without prejudice to coverage
otherwise existing and shall list as additional insureds Landlord and its officers, agents and
employees. Notwithstanding the listing of additional insureds, the insurance shall protect each
insured in the same manner as though a separate policy had been issued to each, but nothing
herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond
the amount or amounts for which the insurer would have been liable if only one person or
interest had been listed as insured. The insurance shall provide that the insurance shall not
terminate or be canceled without thirty (30) days written notice first being given to the City
Recorder. Tenant agrees to maintain continuous, uninterrupted coverage for the duration of the
Lease. If the insurance is canceled or terminated prior to termination of the Lease, Tenant shall
provide a new policy with the same terms. Tenant shall maintain on file with the City Recorder
a certificate of insurance certifying the coverage required by this section. Failure to maintain
liability insurance shall be cause for immediate termination of this Lease by Landlord. Landlord
shall have the fight to increase the limits of insurance coverage required by this Lease during the
Lease term in order to match any statutory changes as to the maximum limits of liability on
Oregon municipalities. In the event Landlord determines that the insurance limits should be
increased on this basis, Landlord shall provide notice to Tenant of such determination and
Tenant shall promptly increase the coverage amounts to comply with the new limits and provide
Landlord an updated certificate. Under no circumstances shall Landlord be responsible for or
provide insurance to cover loss or damage of Tenant's equipment or personal property. Tenant
shall have the right to self-insure the above-required coverages.
12. Notices. All notice, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, or sent by overnight carrier to the following addresses:
If to Landlord, to:
Ci_ty Administrator, Ci_ty of Woodburn
270 Montgomery_ Street
Woodburn, Oregon 97071
If to Tenant, to:
Cricket Oregon Property Company
10307 Pacific Center Court
San Diego, CA 92121
Attn: Legal Department
13. Quiet Enjoyment. Landlord warrants that it is in lawful possession of the leased
Premises and has the right to lease them. Notwithstanding other provisions in this Lease to the
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Page q7 of //
Duplicate Original
Page 6 of 7
contrary, Landlord will defend Tenant's fight to quiet enjoyment of the leased premises from the
lawful claims of all persons during the lease term and any renewal terms.
14. Assignment. Tenant may not assign this lease without first receiving Landlord's
written consent, which consent shall not be unreasonably withheld.
15. Hazardous Materials. Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively, "substance") on the Property that is identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Tenant
shall not introduce or use any such substance on the Property in violation of any applicable law.
Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents
and employees harmless from and against any and all direct claims, costs, and liabilities,
including reasonable attorneys' fees and costs, arising out of or in connection with the removal,
cleanup or restoration of the Property with respect to substances from any and all sources other
than those substances introduced to the City by Tenant. The obligations of this section 15 shall
survive the expiration or other termination of this Lease.
16. Miscellaneous.
a. The prevailing party in any litigation arising hereunder shall be entitled to
its reasonable attorney fees and court costs, including appeals, if any.
b. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Lease must be in writing and executed by both parties.
c. Each party agrees to cooperate with the other in executing any documents
(including a Memorandum of Lease) necessary to protect the other party's fights or use of the
Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party.
This Lease shall be construed in accordance with the laws of the State of
Oregon.
e. If any term of this Lease if found to be invalid, such invalidity shall not
affect the remaining terms of this Lease, which shall continue in full force and effect. The
parties intend that the provisions of this Lease be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties shall agree that if any provisions are deemed not
enforceable, they shall be deemed modified to the extent necessary to make them affordable.
ATTACHMENT, /4T
Page '? of ~'~
Duplicate Original
Page 7 of 7
fi This Lease may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
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CRICKET OREGON PROPERTY COMPANY
By:
ITS:
STATE OF OREGON )
) SS.
County of )
On this __ day of ,2001, before me, a Notary Public for the said State,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the of
CRICKET OREGON PROPERTY COMPANY and personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who executed this instrument on behalf of
said LLC by authority of said LLC.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day
and year in this certificate first above written.
CITY OF WOODBURN, OREGON
Notary Public in and for said State
My Commission Expires:
R/chard Jennings, Mayor
City of Woodbum
STATE OF OREGON )
) SS.
County of Marion )
The foregoing instrument was acknowledged before me this ~ day of ,
2001 by R/chard Jennings, Mayor of the City of Woodbum, a Municipal Corporation of the State
of Oregon, on behalf of the City of Woodbum.
ATTEST:
Mary Tenant, City Recorder
Notary Public for Oregon
My Commission Expires:
EXHIBIT A
ATTAC ~I-.~ENT~
Page_.CL of /~'
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Legal Descrt[)t~on
The Property ~s legally described as follows:
Parcel No. 5, lots 1, 2, 3, & 4, Block 6, Woodburn Packing Co. Addition
with exceptions as described in Volume 125, Page 369, Parcel No. 6,
Volume 320, Page 219, Beginning on the east boundary of the right of way
of the SPRR where the north boundary of the county road leading from
Woodburn to the town of Monitor, in Marion County, Oregon, crosses the
said railroad, said county road being also known as Cleveland Street, in
Woodburn, Oregon, running thence northeasterly along the east boundary of
the SPRR to the lands of UG Dunn, thence on the south boundary of said
Dunn's land 100' to the southeaSt corner of said lands, thence along the
west boundary of the Woodburn Packing Company's addition to the town of
Woodbum same being in a southwesterly direction and parallel to the main
line of the SPRR to the lands of the SPRR thence in a southwesterly
direction along the grounds of the SPRR to the north boundary of the above
mentioned street or road, thence to the place of the beginning.
EXHIBIT B
ATTACI..J~/IENT ~ ,
Page Y of ,
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Parcel No. 5, lois I, 2_. 3, & 4, Block G, Woodburn Pack,~g Co Addq~on w~t[~ exceptions as
described in Volume 125, Page 369. Parcel No. 6. Volume 320. Page 2 I 9. t~,eg~nn~ng on the
east boundary of the right of way of the SPRR where the north boundary of the courtly road
leading from Woodbucn to the town of Monitor. in Marion County. Oregon, crosses the sa~d
railroad, said county road being also known as Cleveland Street, in Woodbum, Oregon.
running thence northeasterly along the east boundary of the SPRR to the lands of UG Dunn.
thence on the south boundary of said Dunn's land 100' to the southeast corner of said
lands, thence along the west boundary of the Woodburn Packing Company's addition to the
town of Woodburn same being in a southwesterly direction and parallel to the main line of
the SPRR to the lands of the SPRR thence in a southwesterly direction along the grounds of
the SPRR to the north boundary of the above mentioned street or road, thence to the place
of the beginning.
Parcel No. 5, lots 1, 2, 3, & 4, Block 6, Woodburn Packing Co. Addition with exceptions as
described in Volume 125, Page 369, Parcel No. 6, Volume 320, Page 219. Beginning on the
east boundary of the right of way of the SPRR where the north boundary of the county road
leading from Woodburn to the town of Monitor, in Marion County, Oregon, crosses the said
railroau, said cqunty road being also known as Cleveland Street, in Woodburn, Oregon,
running thenc.~ northeasterly along the east boundary of the SPRR to the lands of UG Ounn,
thence on the south bound&.-V of said Ounn's land 1OO' to the southeast corner of said
lands, thence, along the west boundary of tile Woodburn Packing Company's addition to the
town of Woodbum same being in a s6uthwestedy a'/rection and parallel to the main line of
the SPRR to the lands of the SPRR thence in a southwesterly direction along the grounds of
the SPRR to the north boundary of the above mentioned street or road, thence to the place
of the beginning.
Exhibit C
ATTACHMENT /~
Page Io of It',,
Page / of ~
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Exhibit C
ATTACHMENT----~~
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NORTH ELEVATION
SOUTH ELEVATION
SOUTHEAST ELEVATION
ELEVATIONS
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MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and Council ~
John Brown, City Administrator ~
Mary Tennant, City Recorder ~
June 5, 2001
Acceptance of Bancroft Bond Applications
Recommendation: By motion and under the authority of ORS 223.210, Council accept the
attached Bancroft Bond application signed by Konstantin and Maria Verbin, tax account g92880-
100, which was filed after the initial 10-day filing period on the Downtown Alley LID.
Background: Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10
days after the date of the first publication of the final assessment ordinance to file a Bancroft
Bonding application which gives the property owner the right to pay for the assessment under an
installment program over a ten (10) year period. Bonding applications filed after the initial 10
day filing period are required to obtain Council approval in order to participate under the
installment program. In this particular case, the initial 10-day filing period concluded on
December 4, 2000.
Financial Impact: Acceptance of these applications will have no financial impact on the City
unless the property owner defaults on assessment payments. If that were to occur, the City could
initiate foreclosure proceedings in order to recover the assessment balance plus interest and
related costs.
Option #3 of Ordinance #2273
APPLICATION UNDER BONDING ACT
To the Recorder of the City of Woodburn, Oregon:
In accordance with the provisions of ORS 223.205 to 223.300 being the Bancroft Bonding Act of
1893) and Acts amendatory thereof and supplementary thereto, I (we), Konstantin and Maria Verbin
hereby make application and agree to pay my proportion of the cost of: Improvements to the downtown
alley between Harrison Street and West Hayes Street has been determined and assessed by the Council
Of the City of Woodburn by Ordinance No. 2273 and Docket of the City Liens of said City. The cost
for my proportion of the assessment, plus interest thereon at the rate of 6.18% per annum, will be
amortized over a ten (10) year period payable in 20 equal semi-annual installments. And I (we),
Konstantin and Maria Verbin otherwise, in the proceedings to improve said street or construct
said infrastructure improvements and in the apportionment and assessment of the cost thereof on the
following property, to wit:
Tax Acct. No. 92880-100 (R108936)
0504 0466RD
162 Grant Street Woodbum, Block 1, East half Lots 7 & 8
In witness whereof we have hereunto set our hand(s) and seal(s) this _~_ day of
Do/lle~~ th~/~eCe of
?707
ilL
MEMO
To: For Council Action, through the City Administrator~
From: Paul F. Becker, P.E., through the Public Works Directo:~.J~J~
Subject: Contract award for West Lincoln Water Main Replacement
Date: June 6, 2001
llM
RECOMMENDATION:
It is reconanended that the City Council award the comract for West Lincoln Water Main
Replacement to the lowest responsible bidder, 4 Rivers Construction LLC, in the amount of
$17,622.00
BACKGROUND:
The comract is in conjunction with Project No.980004-21, Bid No. 21-16
Bids were opened publicly on May 10, 2001 at 11:00 AM. Staff received a total often qualified
bids as listed below in ascending order:
1. 4 Rivers Construction LLC
2. All-Ways Excavating & Construction LLC
3. Bob's Backhoe Service LLC
4. Canby Excavating, Inc.
5. MICC, LLC dba Oregon Siteworks
6. Scharff Bros. Contractors
7. Coffee Grounds Enterprises
8. Western Utility & Excavation
9. G.V.S. Construction
10. Dunn Construction
$17,622.00
$19,877.50
$21,014.00
$22,961.65
$25,975.00
$27,025.00
$30,065.00
$31,083.33
$31,122.85
$35,141.00
Engineer's Estimate $35,149.00
The project will be funded using approved, budgeted water funds. Staffhas contacted the
apparent low bidder. They express their interest in executing this contract, and are eager to
undertake the work.
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street Woodburn OR 97071 (503) 982-2345
Date:
From:
To:
June 8, 2001 ,,~.~ ~1-"
Paul Null, Chief of Poli~~'
Mayor and City Council
Through: John Brown, City Administrator
Subject: Street Closure Request - First Street and Hayes Street
llN
Ordinance 2225, Sec. 2, Jurisdiction. The City of Woodburn has jurisdiction and
exercises regulatory control over all public
rights-of-way within the city under the authority
of the city charter and state law.
The Woodburn Police Department received a street closure request from the Woodburn
Downtown Association. The street closure request is for Saturday, June 16, 2001,
from 7:00 a.m. to 4:00 p.m. to accommodate an antique, hot rod, and new car show.
The event is being held in conjunction with Woodburn's Saturday Market.
Recommendation: The City Council approve street closure of First Street between
Hayes and Garfield and Hayes Street between Front and First Streets on Saturday,
June 16, 2001 from 7:00 a.m. and 4:00 p.m.
CC
Matt Gwynn - Parks Department
Woodburn Fire Department
Woodburn Ambulance
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street Woodburn OR 97071 (503) 982-2345
Date:
From:
To:
Through:
June 5, 2001
Paul Null, Chief of Polit
Mayor and City Council
John Brown, City Administrato
Subject: Street Closure Request - Independence Avenue
Ordinance 2225, Sec. 2, Jurisdiction. The City of Woodburn has jurisdiction and
exercises regulatory control over all public
rights-of-way within the city under the authority
of the city charter and state law.
The Woodbum Police Department received a street closure request from Shayao
McFadand, 1390 Independence Avenue. The street closure request is for Saturday,
July 21, 2001, from 10:00 a.m. to 6:00 p.m. with a rain date of Saturday, August 4,
2001. Mrs. McFadand is requesting Independence Ave. be closed between Colony and
Patdot Ave. The street closure is to accommodate a neighborhood Bar-B-Que.
The Woodburn Police Department commend the citizens of Independence Ave. for their
commitment in cultivating neighborhood activities which promotes pride in their
neighborhood and the City of Woodburn.
Recommendation: The City Council approve street closure of Independence Avenue
between Colony and Patriot Ave. for Saturday, July 21, 2001, with a rain date of
August 4, 2001, from 10:00 a.m. to 6:00 p.m.
CC
Matt Gwynn - Street Department
Woodbum Fire Department
Woodburn Ambulance
110
Shayao McFarland
1390 Independence Avenue
Woodbum, OR 97071
May 5,2001
Chief of Poi ice
Woodbum Police Department
270 Montgomery Street
Woodbum, OR 97071
Dear Chief of Police:
Per my conversation with your office, I hereby am making my request in writing for barricades to be set up at
the comers of Colony, Patriot, and Roanoke, all intersecting Independence Avenue in Heritage Park
community, for the date of Saturday, July 21, 2001. We are trying to set up a "block BBQ' on that date.
Should July 21,2001 be rained out, then the second choice weekend would be Saturday, August 4' 2001. Per
chance that both dates were rained out, I will then request in writing for another date at a later time.
Should you have any questions or concerns regarding the BBQ, please let me know as soon as possible so I can
respond appropriately prior to the BBQ date.
I understand that you need to take this information to the City Council before you could approve this request.
However, I hope that this process will be accomplished by July 1, 2001, so I would have enough time to plan
for the event. If this expectation is unrealistic, please let me know as soon as possible at (503) 982-1929, fax
(503) 982-1940, the address above, or email me at: sandsmcfarland~hotmail.com.
! appreciate your promptness in this matter and thank you in advance for all your assistance.
Sincerely,
11Q
City of Woodburn
Police Department
Staff Report
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-2352
Date:
From:
To:
Through:
June 5, 2001
Paul Null, Chief of Poll
Mayor and City Council ~,~
John Brown, City Administratdr~
Subject:
Sound Amplification Permit-
The Apostolic Assembly of the Faith in Christ Jesus
Ordinance 1900, 3, (5)
The use or operation of an automatic or electric piano,
phonograph, loudspeaker or sound-amplifying device so
loudly as to disturb persons in the vicinity thereof or in such
manner as renders the same a public nuisance; provided
however, that upon application to the Council permits may
be granted to responsible persons or organizations to
broadcast programs of music; news speeches or general
entertainment.
The police department has received a request for a sound amplification permit from
Pastor David Ramon of The Apostolic Assembly of the Faith in Christ Jesus. The
request is for Saturday, July 14, 2001, and August 11,2001, from 12:00 - 4:00 p.m.
The permit is to allow for a church service and music.
The event will take place in Woodburn Library Public Park. Mr. Ramon has obtained a
Facilities use Permit through the Department of Recreation and Parks.
Recommendation: The City Council approve a sound amplification permit for The
Apostolic Assembly of the Faith in Christ Jesus for Saturday, July 14, 2001, and
Saturday, August 11,2001, from 12:00 - 4:00 p.m.
May 1, 2001
To Whom It May Concern:
We, The Apostolic Assembly of the Faith in Christ Jesus, located at 280 Gatch St. are
submitting this petition to use the Lib~ Park the days of July 14, 2001 and August
11, 2001.
We would like, if possible, to set up instrmnen~ and microphones. We understand
there is a noise level tolerance and will abide to all rules/regulations.
If any more information is needed my contact munber is 503-981-7314.
Sincerely,
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street
Woodburn OR 97071
(503) 982-2345
Date:
From:
To:
Through:
June 5, 2001
Paul Null, Chief of Polic
Mayor and City Council
John Brown, City Administrat
Subject: Street Closure Request - Alexandra Court
llP
Ordinance 2225, Sec. 2, Jurisdiction.
The City of Woodburn has jurisdiction and
exercises regulatory control over all public
rights-of-way within the city under the authority
of the city charter and state law.
The Woodburn Police Department received a street closure request from the Alexandra
Court neighborhood. As in years past, the residences of Alexandra Court are holding
their annual Fourth of July activities. The street closure request is for July 4, 2001, from
10:00 a.m. to 11:00 p.m.
The Woodburn Police Department commend the citizens of Alexandra Court for their
commitment in cultivating neighborhood activities which promotes pride in their
neighborhood and the City of Woodburn.
Recommendation: The City Council approve street closure of Alexandra Court on July
4, 2001, from 10:00 a.m. to 11:00 p.m.
CC
Matt Gwynn - Street Department
Woodburn Fire Department
Woodburn Ambulance
lip
May :31,2001
We, the neighbors on Alexandra Court, request permission to close our street to traffic in
order to have our annual Fourth of July party. We would be setting up barriers at 10:00 a.m. and
will~(~~remove em by 11:00 p.m. Room will be left for emergency vehicles to pass through.
Bar~
-R~nee/Starr
Bill & M'a ie Mm r ----
/
:x'~hr~k ~nd Pt~ On'~fi~ff/j/' / ]5/ Robert & Arlene Colby
Claudio & Anne l~i~a - T~d'Rdbinson
William & Ly~ Crocker
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Independence Day
FOURTH OF JULY PARTY
It has come around again....the neighborhood 4th of July Part3.'.
This)~ar we ~11 be eelebrathxg our x2th annual gathering. As in the past ne will close the street around xo
a.m. If you have a portable barbeca~e we would appreciate it if you could bring it to the southwest end of the
Court around 1o:oo a.m. We will start the grills about 11:3o and cooking can begin around xa noon. Bring
whatever you would like to grill (hamburgers, hot dogs, buns, etc.), a side dish for all to share, )x~ur own
plates and utensils and your choice of drinks. Coolers will be located near by the tables and ehairr~ Dessert
will be provided as usual.
After lunch we can sit and talk (or take a nap) and then gather again for dinner is you like (we alwa~ have
plenty of food left over).
Later that exening, when dusk approaches, we will gather at the end of the Court to set off firewor ~ks for the
qdds". If you'd like to come, bring your sparklers/fireworks and join in ~fith tm kid~
After our light display is finished, we can gather on Bill and Maggie's ia~a to ~iew the city fireworks
spectacle. Bring you chairs, coats and blankets and enjoy the ~iew.
If you have any suggestions or comments, please pass them on to either Anne Lima (98x-44x3) or Cheryl Mill
(981-621.~).
WE'LL BE LOOKING FOR YOU!!!
Would be setting up barriers at xo:oo a.m. and w~ll remove them br' xx:oo p.m. Room will be left for
emergency
llR
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and Council ~/(~
John Brown, City Administrat
Paul Null, Police Chief
Randy Westrick, Recreation & Parks Director
Mary Tennant, City Recorder
June 7, 2001
Drums of Fire Event - July 2, 2001
Recommendation: Council approve the following requests relating to the Drums of Fire
Event scheduled for July 2, 2001 at Legion Park:
1) Sound amplification permit for Drums of Fire for July 2, 2001 from 7:00 pm to 10:30
pm;
2) Street Closure of Park Avenue from Alexander to James Street from 4:00 pm to 11:00
pm;
3) Waiver of the insurance requirements as provided for in the Recreation & Parks
Special Event Park Use Permit (Section 15 - Insurance); and
4) Extend City liability insurance coverage for this event.
Background:
Bruce Thomas, Vice President of Drums of Fire, Inc., has submitted a letter to the City
requesting a sound amplification permit, street closure, waiver of insurance requirements
under the City's Special Event Park Use permit, and extension of the City's liability insurance
for this event which is co-sponsored by the City.
SOUND AMPLIFICATION: Ordinance 1900, 3, (5)
The use or operation of an automatic or electric piano, phonograph, loudspeaker or
sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in
such manner as renders the same a public nuisance; provided however, that upon
application to the Council permits may be granted to responsible persons or
organizations to broadcast programs of music; news speeches or general
entertainment.
STREET CLOSURE:
Ordinance 2225, Sec. 2, Jurisdiction.
The City of Woodbum has jurisdiction and exercises regulatory control over all public
rights-of-way within the city under the authority of the city charter and state law.
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WAIVER ON INSURANCE REQUIREMENTS:
Special Events Policies & Fee Schedule (approved 5/8/2000)
Agreements with promoters, organizers and event producers to prepare events and
activities in which the city is a co-sponsorship will be negotiated on a case-by-case
basis. Depending upon the nature of a proposed co-sponsored event, policies and
fees outlined in these policies may or may not apply.
EXTENSION OF CITY LIABILITY INSURANCE COVERAGE:
In the past, the City has approved extension of our Liability Insurance coverage to
specific events that are co-sponsored by the City.
Attached are copies of the request from Drums of Fire, Inc. along with a signed copy of the
Special Event Park Use permit for this annual event.
Financial Impact: There will be no additional insurance premium costs incurred by the City,
however, if a claim is filed, costs will be paid by our insurance carrier and the City's
experience rate may be affected.
P.O. BOX 1076
WOODBURN, OREGON 97071
Monday 21, 2001
The City of Woodbum
270 Montgomery Street
Woodbum, Oregon 97071
Attn: City Administrator
Dear John,
The group known as Drums of Fire, Inc. would like to request the following
items.
2.
3.
4.
Sound Amplification permit for July 2, 2001 from 5:00 pm to 10:30 pm for our
show at Legion Park.
Since the City has agreed to be a co-sponsor we are requesting coverage under the
City's insurance policy.
We are in the process or exercising the special event permit with the Rec & Parks
Department and are requesting a waiver on the insurance requirements.
We also would like to request that a portion of Park Avenue from Alexander
Street to James Street be closed from 5:00 pm to 10:00 pm July 2, 2001.
Drums of Fire would like to take this time also to thank the City Staff and special thanks
to the crews of Rec & Park that have done so much each year to make this event a great
one.
Sincerely
Bruce Thomas
Vice President
Drums of Fire, Inc.
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CitY o£ Woodbura
Special Event Park Use Permit
Upon payment of the proper fees, the following named permittee is issued this Special Event Park Use
Permit for use of Legion Park for the dates specified herein. This permit is subject to all park roles,
policies and regulations, and to the conditions set forth below.
Bruce Thomas Drums of Fire (503) 981-8235
Name of Representative Company/Organization Day Phone/Evening Phone
130 W. Cleveland St.
Woodbum OR 97071
Address City State Zip
Legion Park- Stadium
Tax I.D. # Park
LOCATION: This Permit is issued for Legion Park (hereinafter referred to as "the Park") for
Drum and Bugle Show & Competition - (hereinafter referred as "the Event").
2. DATES AND TIME: This permit is valid for g day(s) on the following date(s):June 29 through
July 3, 2001. The Permittee a~ees that the hours of operation shall be as follows:
Event Set up and Preparation: June 29 -- July 2, 2001 (ail day each day)
Event Operation: July 2, 2001 5:00p. m. - l O:OO p. m.
Compen'n'on and Show
Event Clean Up and Move Our July 3, 2001 (aH day)
PARK AREA: The exact area within the Park, for the Permit operation will be agreed upon
between Recreation and Parks Director and the Permittee. However, if mutually agreeable terms
cannot be reached, the Recreation and Parks Director's decision on the park shall be final.
CONTACT PERSON: The Permittee agrees that Larry Kreigshanser, Bruce Thomas andDick
Jenningsis/are the contact person(s) for the Event and shall remain on site and available during
the entire period of the Event. Failure of the Permittee to have the contact person on site and
available during the period of the Event shall constitute a revocation of this Permit.
FEE: The Permittee agrees that for the privilege of operating under this Permit, the Permittee
shall pay the City the fee of $1,275, as established by the City Council resolmion. The Permittee
shall remit payment of the fee to the Recreation and Parks Director.
SECURITY DEPOSIT: The Permittee agrees to deposit the sum of $750 with the City upon
execution of this permit as a security deposit to be applied to repair damages to the Park or to the
City property mused by the Permittee or to remedy other default under this Permit. Within thirty
(30) days after termination of the Event under this permit, the City shall either refund the security
deposit to the Permittee or shall give the Permittee a written accounting stating the basis of the
"--rase 2 . '
exc~d ~e momt of ~e s~ d~si~ ~e P~~ ~ ~ ~ ~mible for ~ excess
costs.
GROUND SET UP PLAN: The Permittee agrees to submit to the Recreation and Parks Director
for approval a Ground Set Up Plan fourteen (14) calendar days before occupying the park as
stated in Section 2. of this Permit. This Plan shall specify:
A. All temporary fence lines including entrance gates, emergency exits and access lanes and
Bo
C.
D.
E.
F.
G.
service entrances.
Ride and attraction locations.
First Aid stations.
All food and beverage and other vending locations.
Utility vehicle, ambulance and event truck parking.
Ticket sales booths.
Security personnel.
o
OFF-SITE PARKING PLAN: The Permittee agrees to submit to the City at least fourteen (14)
calendar days prior to the event, a plan for off-site parking. This plan will describe what measure
that the Permittee has taken to reduce on-street parking in surrounding neighborhoods. The plan
will document agreements with off-site parking lot owners to park cars for the event and
agreements with a bus or transit company to shuttle event attendees to and from the site.
Furthermore, the plan shall include a schedule, routes and delineate pick up and drop off
locations at the off-site parking lots and the park where the event is taking place.
o
SECURITY PLAN: The Permittee agrees to submit to the police Chief for approval a Security
Plan. This plan shall include the following:
A. The number Of private security officers.
B. The locations where each private security officer is stationed.
C. The hours each private security officer is scheduled to work.
D. A crowd control plan.
E. Proof of bonding of the private security company.
F. Proof of license and certification of the private security company by the Oregon
Department of Public Safety Standards and Training.
The Security Plan shall be finally approved by the City by issuance of this Permit and the
Permittee shall abide by the Plan as a condition of this Permit.
10.
TOILETS: The Permittee agrees to provide at least --portable toilets and shall clean and service
these toilets throughout the Event on a frequent basis. At least two toilets shall be designated for
disabled.
11.
TRASH CONTAINERS: The Permittee agrees to provide at least --trash container(s) and shall
empty these containers on a frequem basis throughout the Event and dispose of the trash.
12.
CLEANUP: The Permittee agrees to perform ongoing daily litter and trash cleanup of the entire
permit site during the Event and at the conclusion of the Event. At the conclusion of the Event,
111
13.
PROMOTION OF SPECIAL EVENT: Any promotion of the Event shall be entirely by the
Permittee at its own expense. The Permittee agrees not to publicize, prtmote, or otherwise
advertise the Event at the park location until this permit is issued without permission from the
Recreation and Parks Director.
14.
INDEMNIFICATION: The Permittee waives all claims against the City, its officers, agents and
employees, for loss or damage mused by, arising out of or in any way connected with the
exercise of this permit. The Permittee agrees to save harmless, indemnify and defend the City,
its officers, agents and employees, from any and all loss, damage or liability which may be
suffered or incurred by the City, it's officers, agents and employees caused by, arising out of or
in any way connected with exercise by the Permittee of the rights hereby permitted, except those
arising out of the sole and direct negligence of the City.
15.
INSURANCE: Without limiting the Permittee's indemnification of the City, the Permittee shall
provide and maintain at its own expense during the term of this Permit comprehensive general
liability insurance and comprehensive auto liability instwance with a combined single limit of
$1,000,000 per occurrence. Such insurance shall be primary to other insurance maintained by
the City and shall name the City as additionally insured. Permittee shall provide the City a copy
of such a certificate of insurance at least 10 days prior to entering the park for event preparation
and set up as indicated in Section/t2 of this Permit.
Failure of the Permittee to procure or maintain the required insurance shall constitute a
revocation of this Permit.
16.
COMPLIANCE WITH PARK RULES: The Permittee agrees to comply with all policies, rules,
and laws governing the operation of the Park, and not alter or damage the Park's natural or
cultural resources in any way through the support or operation of the Permit activities, and to be
responsible for and fully repair all damage to park facilities and resources which may result from
any operations under this Permit.
17.
AUTHORITY TO SUSPEND OR CANCEL: In the event that the City Administrator or
Recreation and Parks Director find that the activities being conducted under this Permit endanger
the health and safety of any person, or will cause damage to real property, or that the Permittee
has not complied with any of the terms and conditions of this Permit, the City, through the action
of any of the above-named City officials, may suspend or cancel this Permit. The City reserves
the right, at its discretion, to suspend or cancel this Permit at any time without incurring any
liability to the Permittee whatsoever.
18.
OTHER APPROVALS AND PERMITS: The Permittee agrees and understands flint, apa~ from
this Permit, it is necessary to obtain other permits and approvals in order to conduct the Event.
The Permittee understands and agrees that these permits and approvals include, but are not
limited to, the following:
I1R
Permit
,P,a~e 4
19.
B.
C.
D.
E.
For food booths, the Permittee must require vendors to obtain the approval of the Marion
County Health Department.
For any carnival rides, the Permittee must obtain inspection and approval of the State of
Oregon, Building Codes Division.
An emergency access plan for the Event must be approved by the Woodburn Fire
District.
A sound amplification permit for the Event must be obtained from the Woodburn City
Council.
A dance permit must be obtained through the Woodburn City Recorder for any public
dance.
ANTI-DISCRIMINATION/COMPLIANCE WITH LAWS: The Permittee agrees not to
discriminate against any individuals on account of color, race, religion, ancestry, or national
origin and to comply with all applicable federal, state and local rules, regulations and ordinances.
20.
21.
22.
ASSIGNMENT: The Permittee understands and agrees that this Permit is a license agreement
and is not a lease, and that the Permit is a personal, revocable and unassignable permission to
perform the acts herein set out '&ithout reserving or granting to the Permittee any interest in real
property or other interest.
PERMITTEE STATUS: The parties hereto agree that the Permittee, it officers, agents and
employees, in the performance of this permit shall act in an independent capacity and not as
officers, employees or agents of the City.
NO THIRD PARTY BENEFICIARIES: This Permit is not intended nor shall it be construed
as granting any rights, privileges, or interests in any third party without mutual written agreement
of the parties hereto.
PERMITTEE:
BY:~~-,/~~/t~ By:
Date: -~-/~,/'(~[ / Date:
CITY OF WOODBURN:
D. Randall Westrick, Recreation and
Parks Director
CC:
City Administrator
Police Chief
Parks & Facilities Superintendent
Recreation Supervisor
City of Woodburn
Police Department STAFF REPORT
270 Montgomery Street Woodbnrn, Oregon 97071 (503) 982-2345
Date:
From:
To:
Through:
June 4, 2001
Paul Null, Chief of Polic
jMoaYhn°~ iaffo dwnC, icWit~ °A~C~inistrator<~//'
Subject:
Grant Award - Juvenile Accountability Incentive Block Grant Program
Recommendation:
The city council approve receipt and allocation of the Juvenile
Accountability Incentive Block Grant funds for Woodburn Peer Court.
The City of Woodbum has been awarded a Juvenile Accountability Incentive Block Grant
(JAIBG) in the amount of $7,166. The grant requires a $796. local match which will come from
the police department's public education budget. The grant program is administered by the
Office of Juvenile Justice and Delinquency Prevention and is designed to promote greater
accountability among juveniles who are involved in the juvenile justice system.
The Woodbum Police Department, Woodburn School District, Woodbum Together, Marion
County Juvenile Department, Woodbum Fire District, and Marion County Sheriff's Office have
worked together to develop a Youth Peer Court model which will allow for implementation of a
cohesive, community-based program of prevention and intervention for first time youth
offenders. The grant funds received from JAIBG will be used as partial funding for Woodbum's
Peer Court. The total Peer Court budget for FY2001-2002 is $14,460.
The police department will pass the grant funds offto the Marion County Sheriff's Office who
has agreed to act as fiscal agent for the Peer Court Program. The Peer Court Program Manager,
yet to be hired, will provide program services on a contractual basis through Marion County
Sheriff's Office.
liS
llS
May 31, 2001
Department of State Poli
Criminal Justice Services Divisi
400 Public Service Build:
Salem, OR 97:
(503) 378-3720
FAX (503) 378-6993
V/TYY (503) 585-1452
City of Woodbum Police Department
Attn: Deputy Chief Scott D. Russell
270 Montgomery Street
Woodburn, OR 97071
Dear Deputy Chief Russell:
Congratulations on your 2000 Juvenile Accountability Incentive Block Grant 0AIBG) award.
Endosed please fred two copies of the Grant Award Conditions and Certifications. Review the
award document and budget and notify me if any revisions are necessary. If there are no changes,
please have both copies of the Grant Award Conditions and Certifications signed and rem both
The recipient's quarterly Progress Reports (see handbook) must provide data and narrative that will
allow for the measurement of progress toward these goals/objectives. Recipients are encouraged to
call me if a more detailed explanation of this requirement is needed. No grant reimbursement will be
made until this requirement is met.
A copy of the Grants Management Handbook is enclosed for you to read and keep on file for
reference. This handbook and the fonu it covabu are also m. nilaYe on the OSP ueb site at www. osp.state.or.us..
Please note the following important sections:
· Requirements and due dates for Progress Reports and Requests for Reimbursement (RFR) (pages
9-11). Please note: The Progress Report Form is new this year and is in Appendix A. It must be
filled out in its entirety. It, and the RFR form, can also be downloaded from the OSP web site.
· RFR Checklist and Request for Reimbursement (page 16 and 25).
· Training and Travel, including out-of-state travel requirements (pages 13 and 14).
You are reminded that grant monies must be used to supplement, not supplant existing program
funds. Nekher grant nor match funds may replace funds that would otherwise be available for any
of the JAIBG Authorized Purpose Areas.
If you have any questions regarding the JAIBG Handbook, or award document, please call me at
(503) 378-3725 ext. 4136.
Sincerely,
Mona Hedges West
Grants Coordinator
GC2 Fiscal Manager ?~:~'
WOODBUaN
Incorporated 1889
June 4, 2001 /-"/~,,/
Mayor and City Council via John Brown, City Administ
D. Randall Westdck, Recreation and Parks Director
Skate Park Design Consultant
liT
RECOMMENDATION:
The Recreation and Parks Department recommends that the City Council authorize staff to draft a
contract with Purkiss Rose - RSI for preparation of: · Conceptual design (not to exceed $7,750)
· Construction documents (ncr to exceed $9,000)
· Construction administration (not to exceed $4,500)
BACKGROUND:
In January, the Budget Committee and City Council approved $50,000 toward construction of a Skate
Park in Woodbum. The first step in the process to construct the facility will indude developing a
conceptual plan for the fadlity. This phase of the project is critical in helping with local fund raising,
involving the skating public and non-skating public in the design process and constructing a facility that
is safe and consistent with local needs.
In February and March, Recreation and Parks Department staff drculated a Request for Qualifications
among eight different design firms who have experience in designing Skate Parks. Three firms
responded with qualifications. After reviewing these qualifications, staff and a representative from the
Woodbum Skate Park Committee interviewed two firms. This group included Bdan Sjothun,
Recreation Services Manager;, Bruce Thomas, Skate Park Committee Parent Advisor;, and the
Recreation and Parks Director, Randy Westdck. The intewiew group asked the two firms questions
regarding their design and construction experience and experience and approach to the public input
process.
DISCUSSION:
Following the intewiews, the interview group agreed to recommend that the City contract with Purkiss
Rose - RSI to help design and construct the Skate Park. Purkiss Rose - RSI has assisted more than
100 communities throughout Oregon, Washington and California to build Skate Parks. Projects
completed within our area include Tuala'dn and Oregon City. They are currently working with the
Willamalane Park and Recreation District in Springfield to design and construct a Skate Park in that
community.
Recreation and Parks Department
270 Momgomcr~ Street · lY/oodburn, Oregon 97071
£h.503-982-5264 · tax 503-982-5244
6/4/01 Skate Park Design ~ltant 2 ] ]I'
Purkiss Rose - RSI can begin the project in June. The first public input m~,,ing date will be
coordinated with the Skate Park Committee schedule and the consultant. Elements developing the
conceptual plan will include:
· Pm-design meeting with Recreation and Parks Department staff.
· Data Collection- pre-design existing conditions
· Base Map/Site Analysis
· Public Meeting #1
· Preparation of Conceptual Design
· Public Meeting #2 - present alternatives from all steps above. Achieve consensus on one
· Refine the Conceptual Plan
· Presentation to the Council for approval
PROJECT UPDATE:
On June 20, Recreation and Parks Department staff and Skate Park Committee members will present
our $50,000 grant application to the Oregon Parks and Recreation Department's Local Gove~
Advis(xy Committee. The Local Gov~ Advisory Committee recorrnerx~ grant funding to the
State Parks and Recreation Director. A successful grant application, combined with local fund raising
efforts and City ~ allocated for the project will provide a budget of about $150,000 for the project.
This amount will construct a fadlity of approximately 6,0(X) sq. fL
For this funding cycle, State Parks and Recreation Department staff reports that $4.2 million is available
for local projects. The Advisonj Committee is considedng Grant applications totaling more than $8
million.
14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-524u
Date:
To:
From:
Subject:
June 11, 2001
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development ~
Planning Commission's Action on Site Plan RevicVw 01-03, Variance
01-03 and Variance 01-05, Evergreen Retirement Community
At their meeting of May 24, 2001, the Planning Commission adopted a final order
approving a 96 unit congregate care facility, 40 unit assisted living facility, and 8
independent retirement cottages. The Planning Commission also approved a variance
to the two and one-half story height limit in the Multiple Family Residential District to
allow for a 3-story building on the west side of the property and a variance to the special
setback along Evergreen Road from 40 feet to 37 feet. The subject site is located south
of West Hayes Street, North of Evergreen Road and East of Harvard Drive. This
decision is final unless the City Council calls this decision up for review.
Applicant:
Crown II Development L.L.C
2089 Nonpareil Road
Sutherlin, OR 97479
Property Owner: Same
NATURE OF THE APPLICATION: The applicant requested site plan review approval of
a 96 unit congregate care facility, 40 unit assisted living facility, and 8 independent
retirement cottages. In conjunction with the site plan review request, the applicant
requested approval of a variance to the two and one-half story height limit in the Multiple
Family Residential District to allow for a 3-story building and a variance to the special
setback along Evergreen Road from 40 feet to 37 feet.
RELEVANT FACTS: The applicant proposes to construct a 96 unit congregate care
facility, 40 unit assisted living facility, and 8 independent retirement cottages on the 7.34
acre site located south of West Hayes Street, North of Evergreen Road and East of
Harvard Drive. It can be identified specifically on Marion County Assessor Map T5S,
2W, Section 13, Tax Lot 200. The subject site is level and vacant.
14A
The applicant provided a description of the independent retirement cottages,
congregate care facility, and assisted living facility stated as follows:
Fully Independent Retirement Cottages: Four individual structures
consisting of two living units within each structure, housing a total of eight
senior individuals or couples shall be developed. Each cottage shall be
very attractive, appropriately designed for senior use, well landscaped, and
durable. Individuals residing in the cottages will pay monthly rental fees,
which are highly competitive in the area. Residents will enjoy professional
landscaping services, 24 hour security and planned social and recreational
programs.
Congregate Retirement Community: A beautiful multi-story, apartment
senior retirement complex shall be developed to provided state of the art
services to senior retirees requiring minimal support activities of daily
living and chore services. Spacious, well designed studios, one bedroom,
and two bedroom apartments shall be made available to retirees at very
competitive monthly rental rates. As a full service retirement community,
this complex shall provide all the services of a resort hotel including three
meals per day in a spacious dining room, maid services, activities, and
transportation.
Assisted Living Facility: A forty-apartment one-story building, separate
from the above mentioned structures, designed specifically for seniors
requiring personal care and higher levels of support with their activities of
daily living, shall be developed to complete this planned Continuing Care
Retirement Community. Services shall include all of those mentioned
above plus professional care and daily laundry.
The subject property is zoned Multiple Family Residential (RM) and has a
Comprehensive Plan designation of Residential >12 units per acre. The proposed
development is a use that is outright permitted in the RM zone. The property to the
north (Across West Hayes Street) is zoned Multiple Family Residential (RM) and
Commercial General (CG) and designated a combination of Residential >12 units per
acre and Commercial on the Comprehensive Plan. The Property to the west (Across
Harvard Drive) is zoned CG and designated Commercial on the Comprehensive Plan.
The property to the south (across Evergreen Road) is zoned Single Family Residential
(RS) and designated for Residential <12 units per acre. The property to the east
(across Evergreen Road) is zoned Residential District (RIS) and designated for
Residential <12 units per acre.
The property to the north (across West Hayes Street) is the location of apartments and
a care center. The property to the south and east (across Evergreen Road) is the
location of single family residential lots and homes. The property to the west (across
Harvard Drive) is the location of vacant commercial zoned land.
2
TO:
FROM:
City Council through City Administrator
Public Works Program Manager
SUBJECT: Water System Total Coliform Violation
DATE: June 11, 2001
INFORMATION: The city water system reported to the state Health Division a
total Coliform violation for the month of June. Coliforms are naturally occurring
bacteria that are normally harmless and are used as indicators of microbial quality of
the drinking water. Followup testing of the positive coliform bacteria samples
indicated that they DID NOT contain either fecal or E. coli bacteria. The city will
have to notify users over the next 30 days that the violation occurred.
BACKGROUND: The Total Coliform Rule for drinking water has been in place for
many years. Coliforms are bacteria that are naturally present in the environment and
are used as an indicator that other, potentially harmful may be present. The city takes
twenty samples for coliform bacteria each month and is allowed to have no more than
one sample or followup sample test positive each month. The city experienced a
positive sample from a sample point near the elevated storage tank on June 5, 2001
and an additional positive on a followup sample near the same location on June 7,
2001. This second, positive put the city in violation of the Total Coliform Rule.
Each of the positive coliform samples was further tested for the potentially harmful fecal
and E. coli types of bacteria. Samples DID NOT contain either the fecal or E. coli
bacteria.
As a response to the positive followup sample on June 7th, a thorough flushing of
distribution lines in the area of the elevated storage tanks was conducted and a series
of additional tests was conducted in this area on June 8, 2001. These additional
samples tested negative for total coliform bacteria with the exception of one sample
which the lab stated is negative at this time but they can't validate the result until the
afternoon of June 12, 2001. The state Public Health Division informed the city that
negative results on this most recent series of followup tests would satisfy the Health
Division that the positive samples were not indicative of a larger problem and no further
corrective action is required by the city.
Although not required to by state or federal regulation, the city also tests each well for
coliform bacteria on a monthly basis. These tests are conducted by the city to ensure
that there are no problems with the city's source of drinking water.
A Total Coliform violation is classified as a tier 2 violation by federal reporting
requirements for water system violations and requires that notice be made to residents
within 30 days of the violation. The city will be complying with this requirement in
accordance with the Environmental Protection Agency guidelines.
MEMO
TO:
FROM:
SUBJECT:
City Council through City Administrator ~ _
Public Works Program Ma g
Yellow Flashing Arrow Protected/Permissive Left Turn Phasing (YFA-
pPLT) Evaluation Study
Sa£er.
l, ere ~v~
~ange:
DATE: June 11,2001 . Protected/Permissive Left Turn Phasing
iNFORMATION: Yellow Flashing Arrow ; 4. 2001 at the Lincoln Street
(YFA-PPLT) will be installed and begin operation June 1 , '
and Hardcastle Avenue intersections with Highway 99E as part of an ODOT study on
this new form of traffic signal phasing.
GROUND' ODOT has been installing protected/permissive left turn phasing
BACK . _ ;_ ...... ~t many intersections. One of the main reasons for installation
(pPLT), aka ~o.g, no _u_~_~_o:;~,~ ,,ha~ing is because it can reduce delays and increase the
of the protectecl/perm'~o," ~'
efficiency of the traffic signal operation.
A new form of protected/permissive phasing has been researched by the state of
Washington as well as nationally by the Federal Highway Administration (FHWA). This
new form is called "Yellow Flashing Arrow Protected/Permissive Left Turn Phasing
(YFA-PPLT)." In basic terms what this new form of phasing does is replace the green
ball on the portion of the signal that permits a left turn to yield to oncoming traffic with a
flashing yellow arrow. There has been extensive research, surveys and testing on this
new form of pPLT phasing in other states. To this time, field testing has shown a 34%
reduction in collisions after installing the YFA-PPLT phasing. Previous research has
also indicated that motorists have a better understanding of a permissive turn under a
flashing yellow arrow rather than a green ball.
A copy of the ODOT press release on the new signal configuration is attached. ODOT
has also indicated that signs will be placed near the intersections to alert motorists to
the signal configuration change.
Sc
Ped{
MEMO
TO:
FROM:
City Council through City Administrator
Public Works Program Manager
SUBJECT: Yellow Flashing Arrow Protected/Permissive Left Turn Phasing (YFA-
PPLT) Evaluation Study
DATE: June 11, 2001
INFORMATION: Yellow Flashing Arrow Protected/Permissive Left Turn Phasing
(YFA-PPLT) will be installed and begin operation June 14, 2001 at the Lincoln Street
and Hardcastle Avenue intersections with Highway 99E as part of an ODOT study on
this new form of traffic signal phasing.
BACKGROUND: ODOT has been installing protected/permissive left turn phasing
(PPLT), aka doghouses, at many intersections. One of the main reasons for installation
of the protected/permissive phasing is because it can reduce delays and increase the
efficiency of the traffic signal operation.
A new form of protected/permissive phasing has been researched by the state of
Washington as well as nationally by the Federal Highway Administration (FHWA). This
new form is called "Yellow Flashing Arrow Protected/Permissive Left Turn Phasing
(YFA-PPLT)." In basic terms what this new form of phasing does is replace the green
ball on the portion of the signal that permits a left turn to yield to oncoming traffic with a
flashing yellow arrow. There has been extensive research, surveys and testing on this
new form of PPLT phasing in other states. To this time, field testing has shown a 34%
reduction in collisions after installing the YFA-PPLT phasing. Previous research has
also indicated that motorists have a better understanding of a permissive turn under a
flashing yellow arrow rather than a green ball.
A copy of the ODOT press release on the new signal configuration is attached. ODOT
has also indicated that signs will be placed near the intersections to alert motorists to
the signal configuration change.
- New style left-turn signals slated for two intersections on Oregon 99E in south Woodbum Page 1 of 2
Oregon Department of Transl}ortation
News release page I News Media Center home page
June 8, 2001
Newsrooms: For more information contact Craig Black, Region 2 Traffic Manager, 503-986-2766.
A high-resolution TIF file of the si.clnal is available here.
New style left-turn signals slated for two
intersections on Oregon 99E in south Woodburn
Drivers on Oregon 99E will see a new style of left-turn signal at two intersections on the
south side of Woodburn beginning Thursday (June 14).
The new signals are scheduled to go up Thursday for left-turn traffic from Oregon 99E to
Hardcastle and Lincoln streets in Woodbum.
Gone will be the "doghouse" style left-turn signals. Instead, drivers will see a simpler new
style of left-turn signal being tested in Woodbum as part of a multi-year national study.
"The new signals are designed to make it easier for drivers to know what to do when making
left turns," said Craig Black, a traffic engineer for the Oregon Department of Transportation.
"The signals use green, yellow and red arrows that should help make left tums simpler and
safer."
Here what the new left turn signals will look like and what drivers should do as the lights
change:
Solid Red Arrow = Stop. No left tums allowed.
Solid Yellow Arrow = Prepare to stop.
Flashing Yellow Arrow = Left tums allowed, but first yield to oncoming traffic and
>edestrians.
Solid Green Arrow = Left turns allowed. Proceed with caution.
Newsrooms: A high-resolution TIF file of the signal at left is available here.
http://www, odor. state, or. us/corem/news/2001060802, btm 6/11/01