Agenda - 06/25/2001e
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A GENOA
WOODB URN CITY COUNCIL
270Montgomery Street ~ ~ Woodburn~ Oregon
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. July 4th holiday closures: All city offices, the Aquatic Center and Library
will be closed on July 4th.
Appointments: None
PRESENTATIONS/PROCLAMATIONS
Presentation: None
Proclamations: None
COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
COMMUNICATIONS
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
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Council minutes of June 11, 2001 regular and executive meetings ....... 8A
Recommended action: Approve the City Council minutes of
June 11, 2001 regular and executive meetings.
Planning Commission minutes of May 24, 2001 ...................... 8B
Recommended action: Accept the Planning Commission minutes
of May 24, 2001.
Claims for the month of May 2001 ................................. 8C
Recommended action: Accept the claims for the month of May 2001.
De
Removal of a large hazardous tree located in the public right-of-way
on Country Club Road adjacent to a city-owned well site .............. 8D
Recommended action: Receive report.
Page 1 - Woodburn City Council Agenda of June 25,2001.
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Police Department Activity Report for May 2001
Recommended action: Receive report.
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TABLED BUSINESS
PUBLIC HEARINGS
A.
Appeal of Site Plan Review 00-12, Variance 01-04 and Partition
01-01 - Safeway Shopping Center ................................. 10A
Recommended action: Conduct public hearing, receive public comment
and instruct staff to prepare an ordinance reflecting Council's decision.
11.
GENERAL BUSINESS
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Council Bill No. 2326 - Ordinance annexing into the City of Woodburn
1.5 acres located on the east side of Hwy 99E south of the Willamette
Valley Railroad, granting a zone change from Marion County
Commercial General (CG) to City of Woodburn Commercial General
and attaching certain conditions (Carcraft) ........................ 1 lA
Recommended action: Adopt the Ordinance.
Be
Council Bill No. 2327 - Ordinance adopting certain state speciality
codes; setting forth the powers and duties of the building official;
providing for procedures and fees; establishing penalty provisions
and repealing Ordinance No. 2071, 2212 and 2228 ..................
Recommended action: Adopt the Ordinance.
llB
Co
Council Bill No. 2328 - Ordinance adopting the City of Woodburn
Budget, making appropriations and levying taxes for
Fiscal Year 2001-2002 .......................................... llC
Recommended action: Adopt the Ordinance.
De
Council Bill No. 2329 - Resolution entering into a site lease agreement for
space on the City water towers with Voicestream PCS I, LLC ......... llD
Recommended action: Adopt the Ordinanc~
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Council Bill No. 2330 - Ordinance amending Ordinance No. 2245
(the Master Fee Schedule) to increase the non-resident library card fee
for non-residents of the city residing inside the CCRLS system
boundaries ...................................................
Recommended action: Adopt the Ordinance.
llE
Council Bill No. 2331 - Resolution declaring the City's election to
receive State Revenues during Fiscal Year 2001-02 ..................
Recommended 'action: Adopt the Resolution.
llF
G. Hermanson Park 3 Wetlands Enhancement Plan ................... llG
Page 2 - Woodburn City Council Agenda of June 25,2001.
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Recommended action: Approve the Hermanson Park 3 Wetlands ~ ~
Enhancement Plan and authorize the Luckey Company to use the park
to make subject improvements subject to obtaining a fioodway encroachment
permit through the Public Works Department.
Worker's compensation and property liability insurance coverage for
fiscal year 2001-02 (information to be diStributed at meeting.)
Recommended action: See staff report which will be distributed at
the meeting.
Reapportionment of the City's ward boundaries ..................... llI
Recommended action: Select criteria to be used in reapportioning the
City's wards; and authorize the city Administrator to execute an
agreement with the Mid-Willamette Valley Council of Governments to
update Woodburn's ward boundaries.
Acceptance of right-of-way on Boones Ferry Road being conveyed
by Woodburn School District ..................................... llJ
Recommended action: Accept the right-of-way on Boones Ferry Road
being conveyed by Woodburn School District.
Acceptance of utility easement on Boones Ferry Road being conveyed
by Woodburn School District .................................... llK
Recommended action: Accept the utility easement on Boones Ferry Road
being conveyed by Woodburn School District.
Employment contract for the Public Works Director ................
Recommended action: Authorize the City Administrator to execute an
employment agreement for the Public Works Director.
llL
Employment contract for the City Recorder ....................... llM
Recommended action: Authorize the City Administrator to execute an
employment agreement for the City Recorder.
Contract award for safety grating at Mill Creek pump station ........ llN
Recommended action: Award the contract for safety grating at Mill
Creek Pump Station to the lowest responsible bidder, Sunhawk International,
LLC, in the amount of $6,500.00.
Request for sound amplification permit and liability insurance
coverage for the 4th of July celebration ............................ 110
Recommended action: Approve a sound amplification permit for
July 4, 2001from 10:00 am to ll:OO pm and approve extension of City's
liability insurance.
Request for sound amplification permit for PCUN on Sunday, July 8,
2001 from 4:00 pm until 7:00 pm at 300 Young Street ...............
Recommended action: Approve sound amplification permit for PCUN on
Sunday, July 8, 2001from 4:00pm until 7:00pm at 300 Young Street.
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Page 3 - Woodburn City Council Agenda of June 25, 2001.
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Request for a sound amplification permit for weekly "Music in the Park"
events at Library Park ......................................... llQ
Recommended action: Approve sound amplification permit for Woodburn
Public Library for "Music in the Park" events at Library Park on July 10, 17,
24 and31, 2001 and August 7, 14, 21, and28, 2001, from 6:30p. m. to 8:30
p.m. and on June 20, 27, July 10, 11, 18 and 25, 2001, from 10:30 a.m. to
noon, and August 2, 2001from l:OO p. m. to 2:00p. m.
City response to Highway 99E Corridor Safety Study ................ llR
Recommended action: Receive responses and provide direction to
staff as appropriate.
PUBLIC COMMENT
NEW BUSINESS
PLANNING COMMISSION ACTIONS - These are Planning Commission actions
that may be called up by the City Council.
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
ADJOURNMENT
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COUNCIL MEETING MINUTES
JUNE 11, 2001
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JUNE 11, 2001.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0020 ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Nichols Present
Councilor Sifuentez Present
Councilor Ward Ill position - Vacant
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director
Gillespie, Public Works Manager Rohman, Park & Recreation Director Westrick, City
Recorder Tennant
0039
Mayor Jennings requested that he be allowed to introduce a general business item out of
order and, following the presentation by the Boy Scout Troop and action taken on this
general business item, a short reception be held before the Council finishes their business
items for this meeting.
0077
I,ETTER OF RESIGNATION FROM PAMELA KILMURRAY.
Mayor Jennings read a letter dated June 5, 2001 from Pamela Kilmurray resigning her
position as Ward Ill Councilor effective immediately since she has moved from 1145
Orchard Lane to 2536 Roanoke which is within Ward IV of the City.
NICHOLS/FIGLEY... accept the resignation submitted by Pamela Kilmurray. The
motion passed unanimously.
0148
ANNOUNCEMENTS.
A) Public Hearing on June 25, 2001: A hearing before the Council will be held at
7:00 pm in the City Hall Council Chambers regarding an appeal of the Safeway
Shopping Center approval.
B)
Special City Council Meeting will be held on Monday, June 18, 2001, 7:00 pm
in the City Hall Council Chambers for the purpose of presenting the Economic
Development Study.
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c)
The Community Center Planning Committee will be holding their first meeting on
Tuesday, June 19th.
APPOINTMENTS.
A) Mayor Jennings appointed Carlos Medina Perez to serve on the Human Rights
Commission.
FIGLEY/BJELLAND... approve the appointment of Carlos Medina Perez to the Human
Rights Commission Ward IV. The motion passed unanimously.
B) Ward III Councilor -
Mayor Jennings stated that he was aware of the pending resignation prior to the date on
the resignation letter and had been looking for potential candidates to fill the position
once it was officially vacated. As a result, he was able to obtain a commitment from an
individual who was willing to serve the balance of the term. Under the authority of the
City Charter, Mayor Jennings appointed Peter McCallum, a registered voter and resident
of Ward III, to the position of Ward llI Councilor with his term expiring the first regular
meeting in December 2002.
FIGLEY/NICHOLS... approve the appointment of Peter McCallum to City Council
Ward m.
Councilor Figley stated that the Charter provides for the Council to fill unexpired terms
of Councilors and it is a responsibility that she does not take lightly. She felt confident
that the residents within Ward III will be well-served by his appointment to this position.
On roll call vote, the motion to approve the appointment passed unanimously.
0315
OATH OF OFFICE.
Peter McCallum took the Oath of Office as Ward m Councilor following which he began
his term of office.
0453
PRESENTATION BY BOY SCOUT TROOP #691.
Roger Midura, fundraising committee chairman for Boy Scout Troop #691, stated that
Mayor Jennings had given his troop an idea as to what type of fundraising activity could
be done that would help to raise funds for a new Troop trailer. The scouts are supposed
to go camping once a month plus one week of every year and, with the size of the scout
troop, it was necessary to secure a trailer to haul all of their proper camping equipment.
As a result of the Mayor's idea and support, the troop was able to raise sufficient funds to
purchase a new troop trailer, build a large shed to store the trailer and camping
equipment, and to send some of the boys to summer camp. He thanked the Mayor,
Council, Fire Chief Hendricks, Police Chief, and the Public Works department for all of
their support on this project. Mr. Midura also introduced the following scouts in
attendance at this meeting: Darien Pike, Jeff Eamons, and Matt Phipps. The boy scout
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project involved painting house numbers on curbs within the City.
Darien Pike, newest Eagle Scout member of the troop, presented Mayor Jennings with a
Certificate of Appreciation and a framed picture of the trailer purchased by the troop.
0787 COUNCIL BIIJL 2325 - RESOLUTION HONORING PAMELA KILMURRAY
1010
FOR HER DEDICATION TO TI-IE WELL-BEING OF THE CITIZENS.
Mayor Jennings introduced and read Council Bill 2325.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2325 duly passed.
Mayor Jennings called for a recess at 7:18 pm and invited the audience to a short
reception honoring Pam Kilmurray and welcoming Peter McCallum as the new
Councilor.
The meeting reconvened at 7:32 p.m..
Pam Kilmurray, 2536 Roanoake, suggested to Councilor McCallum that he switch chairs
with one of the other Councilors since the Mayor is a taskmaster.
Mayor Jennings reminded Ms. Kilmurray that she is still a member of the Community
Center Planning Committee and the Urban Renewal Committee.
Mayor Jennings reminded the public that June 14th is Flag Day and he encouraged
citizens to display their flags on this day.
He also introduced Tara McClain who is the new reporter for the Statesman Journal.
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CHAMBER OF COMMERCE REPORT.
Administrator Brown, representing the Chamber, informed the public of upcoming
Chamber events:
1) Chamber Forum luncheon will be held on June 20th, 12:00 noon, with the guest
speaker being Dean Funk, Government Affairs & Community Development Manager for
Portland General Electric, who will speaking on the effect of the energy crunch on
Woodburn businesses and residents.
2) Business after Hours will be held on June 21st between 4:30 pm and 6:00 pm at Fluid
Communications, 15265 Woodburn-Monitor Rd NE. This business is a marketing
graphic and web design company and is located in the Monitor Telephone Co building in
Monitor.
He also stated that the Chamber office is scheduled to move to a new location within
Woodburn Crossing on July 7m & 8th. The new location is across from Huber's
Restaurant and the Chamber will be hosting an open house on July 11th. The new office
will be larger and they will be opening a convention and visitor's bureau to promote
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tourism. The Chamber is also in the processing of developing a new tourism brochure
and a new Quality of Life booklet for the community.
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Mel Schmidt, 840 Hermanson, stated that he would like the Council to look at a summary
of a survey that was done by the Luckey Company prior to the Council making a decision
on the wetlands enhancement project for Hermanson Park Ill. He stated that only 1/3 of
the property owners received the summary and, based on the results of the summary, he
does not feel that the proposed work reflects the desires of the property owners. He also
suggested that the Council look at the area behind Legion Park to view the condition of
the area when it is considered as minimal upkeep and he did not feel that the property
owners should have to view that type of area on a regular basis. He also requested that he
be able to bring a short video to the next meeting for Council viewing.
1308
CONSENT AGENDA.
A) Council workshop minutes of May 1,2001; Special Council meeting minutes of May
7, 2001; and Council regular and executive session minutes of May 14, 2001.
B) Planning Commission minutes of May 10, 2001.
C) Library Board minutes (draft copy) of May 9, 2001.
D) World Berry Center Museum Committee minutes (draft copy) of May 14, 2001.
E) Livability Task Force Committee minutes of May 10, 2001.
F) Staff report on audit of Portland General Electric (PGE) franchise fee remittances.
G) Police activity report for April 2001.
H) Library monthly reports for March 2001 and April 2001.
I) Building activity report for May 2001.
J) Planning Project tracking sheet dated June 7, 2001.
K) I-5 Sign Bridge update.
L) Hardcastle Avenue railroad crossing update.
Councilor Bjelland questioned if repairs to this crossing should be done prior to
evaluation of a change in the crossing location.
Public Works Manager Rohman stated that repairs made by Union Pacific would not
involve City dollars and the concrete spacers Union Pacific will be using are relocateable
whereas the rubberized crossings are more difficult to remove. Since it is unknown as to
when the Hardcastle Ave. re-alignment would occur, improvements to the existing
crossing is desirable.
In regards to item K (I-5 Sign Bridge), the Mayor stated that he was not pleased with
having this project delayed pending approval of construction plans by the Bonneville
Power Administration (BPA). There will be another month delay with this project with
the new bid award date scheduled for August 23,2001.
FIGLEY/NICHOLS... adopt the consent agenda as presented. The motion passed
unanimously.
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1620 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2001-02.
2008
Mayor Jennings declared the public hearing open at 7:43 pm on the 2001-02 budget
which includes State Revenue Sharing funds.
Finance Director Gillespie reviewed the staff report which included changes to the
following funds: 1) establish an endowment fund for the Museum in the amount of
$4,000 by transferring funds from the General Fund to the newly established fund, and 2)
increase the Mayor and Council's budget by $7,000 for consultant fees relating to the
updating of the City ward map. The General Fund operating contingency would decrease
by like amounts in order to balance the proposed budget. If approved, the proposed
budget would be $15,000 greater than the Budget Committee's recommended budget of
$39,979,822. Additionally, the Budget Committee recommended the levy of a permanent
tax rate in the amount of $6.0534 per $1,000 assessed valuation and the levy of $180,000
for bonded debt which is outside of the statutory limitation.
No one in the audience commented on the proposed 2001-02 budget.
Mayor Jennings closed the public hearing at 7:48 p.m..
BJELLAND/SIFUENTEZ... authorize staff to draft a budget ordinance based on the
Budget Committee's recommendation including allowable budget adjustments that do not
change the tax levy requirement. The motion passed unanimously.
PUBLIC HEARING: ANNEXATION g01-02 AND ZONE CHANGE g01-02 --
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PROPERTY LOCATED AT 220 S. PACIFIC HIGHWAY OVoodburn Carcraft).
Mayor Jennings declared the public hearing open at 7:49 p.m..
Community Development Director Mulder read the land use statement required by ORS
Chapter 197. He then proceeded to review the staff report. The land use application,
submitted by property owner Doug Templeton, requested the annexation of 1.5 acres and
a change of zone from Marion County commercial general to City commercial general
district. It was noted that the property owner is in need of connecting to the City's water
line for the purpose of installing a fire suppression system. The Planning Commission
adopted their final order recommending Council approval of the annexation and zone
change on May 10, 2001.
No one in the audience spoke either for or against the proposed annexation and zone
change.
Mayor Jennings declared the public hearing closed at 7:58 p.m..
FIGLEY/NICHOLS... concur with the Planning Commission's final order and approve
annexation g01-02 and zone change g01-02, and instruct staff to prepare an ordinance to
substantiate that decision. The motion passed unanimously.
BASKETBALL HOOP LOCATED AT 1415 ALEXANDRA COURT.
Administrator Brown stated that the issue before the Council was raised as an objection to
a code enforcement action as it relates to encroachment into the City rights-of-way. In
Page 5 - Council Meeting Minutes, June 11, 2001
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this case, a basketball hoop has been permanently erected in the right-of-way on
Alexandra Court. To date, the City has taken no enforcement action in order to bring the
matter to the City Council at the homeowner's request. Rather than focusing on
basketball hoops, he proceeded to review his memo which focuses on the issue of
encroachment into right-of-way. Staff is recommending that (1) no action be taken to
affirm continued use of the basketball hoop at that location, (2) Council establish policy
regarding encroachment of permanent structures in the right of way, and (3) if
appropriate, direct staff to develop procedures and criteria for licensing the encroachment
of permanent structures.
He briefly discussed standards that might be used to establish such as a public benefit,
undue hardship after an accidental encroachment, obstruction of right-of-way, and similar
types of concerns that would be objective and applied to any application for an
encroachment into the right-of-way rather than taking on a case-by-case basis. If the
Council would prefer to license encroachments, staff would provide Council with a full
report by the end of the calendar year. Unless otherwise directed by the Council,
enforcement action regarding the basketball hoop would be held in abeyance until a final
decision is made by the Council.
Administrator Brown stated that there are 2 City ordinances that prohibit encroachment
into the right-of-way, however, both ordinances do provide for permission and there is no
formalized permission process in place at this time.
Councilor Nichols stated that, in the past, both permanent and movable basketball hoops
have been a problem in that youth would play basketball in the streets. At that time, the
City Attorney stated that the City does assume some liability since the right-of-way was
being allowed for playground use. He expressed his opinion that basketball hoops not be
allowed in the public right-of-way.
Administrator Brown reiterated that this issue pertains to permanent structures and code
enforcement is enforcing the encroachment ordinance as it relates to movable basketball
hoops.
Councilor McCallum questioned the number of encroachments within the rights-of-way.
Administrator Brown stated that he could not provide an answer to that question,
however, unless it is brought to the City's attention, the City has not attempted to identify
all of the encroachments. In the area of code enforcement, priorities are placed on
property maintenance issues and vehicular issues.
Mayor Jennings suggested that the Council take some action on this issue in order to
reduce the City's liability exposure.
Councilor Figley agreed with the Mayor's comments and briefly outlined her concerns on
this issue. She supported the staff's proposal to research the issue and bring back a report
for the Council to review at a later date.
Councilor Bjelland felt that further research was needed before any decision as how the
Council would deal with this specific issue.
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COUNCIL MEETING MINUTES
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BJELLAND/SIFUENTEZ... instruct staff to research the issue of all types of
encroachments in to public rights-of-way and then report back to the Council at a later
date to present alternatives for how the Council should deal with those types of issues in
the future.
Brief discussion was held regarding the length of time in which the staff would report
back to the Council. Since there were no objections from the Council, staff will bring the
report back to them as soon as practical but no later than the end of the year.
The motion passed unanimously.
In regards to this particular action, Administrator Brown suggested that the Council take
no further action at this time and leave it as an administrative decision.
Councilor Nichols questioned the City's liability if no action was taken.
City Attorney Shields stated that the City may have some liability but, as a discretionary
matter, this action has not been singled out. Instead, direction has been given to look at
the total picture and to report back within a certain time period.
Councilor Bjelland also expressed his concern that, if the Council takes action to allow
the encroachment to continue, the City may be accepting greater liability that would not
be there if no action was taken until adequate measures are made available to address
these issues.
Attorney Shields agreed with the statement made by Councilor Bjelland. He stated that,
for the record, the Council is making a discretionary decision to direct staff, with a time
frame, to look at encroachment along with the liability issue, and the Council is not acting
on this particular request.
COUNCIL BILL 2315 - ORDINANCE APPROVING ANNEXATION OF .98
ACRES OF PROPERTY LOCATED BETWEEN LINCOLN STREET AND
4388
AZTEC DRIVE ON EAST SIDE OF HIGHWAY 99E, AND GRANT ZONF,
CHANGE TO CITY COMMERCIAL RETAIL (770 N. Pacific Highway).
Council Bill 2315 was introduced by Councilor Chadwick. Recorder Tennant read the
two readings of the bill by title only since there were no objections from the Council. On
roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2315 duly passed.
COUNCIL BILL 2316 - ORDINANCE ANNEXING CERTAIN ISLAND
PROPERTIES PURSUANT TO ORS 222.750.
Councilor Chadwick introduced Council Bill 2316. The two readings of the bill were
read by title only since there were no objections from the Council.
Councilor Bjelland stated that approval of this bill will remove one of the goals
previously established by the Council.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2316 duly passed.
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4531 COUNCIL BILL 2317 - ORDINANCE AMENDING ORDINANCE 2057
(TRANSIENT OCCUPANCY TAX) TO DEDICATE CERTAIN PERCENTAGE
OF TAX TO TOURISM AND ECONOMIC DEVELOPMENT AND TO RAISE
4709
THE AMOUNT OF THE TAX.
Councilor Chadwick introduced Council Bill 2317. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
Mayor Jennings stated that, to date, no formal objection has been raised by the local
businesses regarding the proposed tax increase.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
the bill duly passed.
COUNCIL BILL 2318 - ORDINANCE GRANTING A
TELECOMMUNICATIONS FRANCHISE TO DATA VISION
COMMUNICATIONS, A DIVISION OF GERVAIS TELEPHONE COMPANY,
TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY.
Council Bill 2318 was introduced by Councilor Chadwick. The two readings of the bill
were read by title only since there were no objections from the Council.
Councilor Bjelland questioned running fiber optic cable to the Montebello Subdivision
and then running copper from that to residents in the area interested in having DSL
service and the need, if any, for a switching station within a certain distance of the line.
John Hoffman, General Manager for Gervais Telephone Co., stated that there is a
limitation of DSL and it is generally 1 or 2 miles from the electronic box that is at the end
of the fiber cable. If the box is put in the subdivision, they will be able to fan out about
· 18,000 feet with DSL service. However, they have now decided not to use the
fiber/copper hybrid and instead will bring the fiber to each home and eliminating the
copper. Instead of DSL, it will be a high-speed broad ban internet service that will be
much faster than DSL. He stated that the current speed is up to 10 megabits per second
now and in January it is scheduled to be upgraded to 100 megabit per second service.
Brief discussion was also held regarding the telephone numbers and calling pattern which
is established by the Public Utilities Commission (PUC). The telephones installed within
Woodburn would have the same current Woodbum rate center for both local calling and
extended area service. He also stated that they have signed an interconnect agreement
with Qwest.
On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2318 duly passed.
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COUNCIL BILL 2319 - RESOLUTION ENTERING INTO
INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR
STRIPING OF PAVED ROADS FOR 2001 AND AUTHORIZING CITY
ADMINISTRATOR TO RENEW FUTURE AGREEMENTS FOR STRIPING.
5557
Council Bill 2319 was introduced by Councilor Chadwick. Recorder Tennant read the
bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2319
duly passed.
COUNCIL BILL 2320 - RESOLUTION AUTHORIZING CITY TO APPLY FOR
A LOCAL GOVERNMENT GRANT FROM OREGON PARKS & RECREATION
5623
FOR A SKATE PARK.
Council Bill 2320 was introduced by Councilor Chadwick. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Jennings declared Council Bill 2320 duly passed.
COUNCIL BILL 2321 - RESOLUTION AUTHORIZING 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
5707
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THE OREGON DEPT. OF TRANSPORTATION.
Councilor Chadwick introduced Council Bill 2321. Recorder Tennant read the bill by
title only since there were no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed.
COUNCIL BILL 2322 - RESOLUTION ENTERING INTO ADDENDUM
AGREEMENT WITH SUZANNE CRANE ENGINEERING, INC..
Council Bill 2322 was introduced by Councilor Chadwick. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage,
Council Bill 2322 passed unanimously. Mayor Jennings declared the bill duly passed.
COUNCIL BILL 2323 - RESOLUTION CERTIFYING ELIGIBILITY OF CITY
TO RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 2001-02,
Council Bill 2323 was introduced by Councilor Chadwick. Recorder Tennant read the
bill by title only since there were no objections from the Council. On roll call vote, the
bill passed unanimously. Mayor Jennings declared Council Bill 2323 duly passed.
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5852 COUNCIL BILL 2324 - RESOLUTION ENTERING INTO A SITE LEASE
AGREEMENT FOR SPACE ON THE WATER TOWERS WITH CRICKET
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0001
OREGON PROPERTY COMPANY.
Council Bill 2324 was introduced by Councilor Chadwick. The bill was read by title only
since there were no objections from the Council.
Councilor Bjelland questioned if there were any limitations on the number of antennas on
the water towers and if the lease amount was different from the amount charged to other
companies which have antennas currently on the water towers.
Public Works Manager Rohman stated that the least cost is identical to the other
companies which already have antennas installed on the water towers. He stated that
Crickett Oregon Property Company is a newer company that has been providing their
service to other cities in the northwest with their niche in the market being that they
provide a local only cell phone with unlimited calling in a local area on a fiat rate.
ACCEPTANCE OF BANCROFT BOND APPLICATION.
Staff recommended the acceptance of a Bancroft Bond application submitted by
Konstantin and Maria Verbin which would allow for installment payments on the
Downtown Alley assessment.
FIGLEY/SIFUENTEZ... accept the Bancroft Bond signed by Konstantin and Maria
Verbin, tax account g92880-100, which was filed after the initial 10-day filing period on
the Downtown Alley local improvement district. The motion passed unanimously.
BID AWARD: WEST LINCOLN WATER MAIN REPLACEMENT.
Bids for the replacement of the water main were received from the following contractors:
4 Rivers Construction LLC, $17,622.00; All-Ways Excavating & Construction LLC,
$19,877.50; Bob's Backhoe Service LLC, $21,014.00; Canby Excavating, Inc.,
$22,961.65; MICC, LLC dba Oregon Siteworks, $25,975.00; Scharff Bros. Contractors,
$27,025.00; Coffee Grounds Enterprises, $30,065.00; Western Utility & Excavation,
$31,083.33; G.V.S. Construction, $31,122.85; and Dunn Construction, $35,141.00.
FIGLEY/SIFUENTEZ... award bid #21-16 for the West Lincoln water main
replacement to the lowest responsible bidder, 4 Rivers Construction LLC, in the amount
of $17,622.00.
Mayor Jennings questioned if this would be the time to get the rest of West Lincoln Street
paved.
Public Works Director Tiwari stated that there is a lengthy process involved in the local
improvement district process. He reminded the Council that the budget for the new fiscal
year does include some funds to be used towards paving graveled streets within the City.
The motion to award the bid passed unanimously.
Page 10 - Council Meeting Minutes, June 11, 2001
8A
COUNCIL MEETING MINUTES
JUNE 11, 2001
TAPE
READING
0129
STREET CLOSURES.
BJELLAND/FIGLEY... approve the street closure requests for 1) First and Hayes Street
(July 16, 2001), 2) Independence Avenue (July 21, 2001 with a rain date of August 4,
2001), and 3) Alexandra Court (July 4, 2001) as recommended by staff. The motion
passed unanimously.
0162
REQUEST FOR SOUND AMPLIFICATION PERMIT - APOSTOLIC
ASSEMBLY OF THE FAITH IN CHRIST JESUS.
Pastor David Ramon requested a sound amplification permit to allow for a church service
and music at Library Park. As required under City policy, he has obtained a facilities use
permit from the Parks & Recreation Department.
FIGLEY/SIFUENTEZ... 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 noon to 4:00 pm.. The motion passed unanimously.
0191
REQUEST FOR SOUND AMPLIFICATION PERMIT, STREET CLOSURE,
WAIVER ON INSURANCE REQUIREMENT, AND EXTENSION OF CITY
LIABILITY INSURANCE COVERAGE FOR DRUMS OF FIRE EVENT.
0271
Mayor Jennings declared a conflict of interest since he is Treasurer of Drums of Fire, Inc.
which is a co-sponsor with the City on this event.
Councilor President Figley presided over this item of business. The event is scheduled
for July 2, 2001 at Legion Field.
NICHOLS/McCALLUM .... grant the request for the sound amplification permit, street
closure, waiver of the insurance requirements, and extension of the City's liability
insurance coverage for the Drums of Fire event. The motion passed unanimously.
GRANT AWARD - JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANT PROGRAM.
Mayor Jennings stated that this State grant award will provide the majority of the funding
needed for the implementation of Woodburn Peer Court which is a community-based
program of prevention and intervention for first time youth offenders. Participating in
this project are the City, Woodbum School District, Marion County Sheriff's Department,
Woodburn Together, Marion County Juvenile Department, and the Woodbum Fire
District. Marion County will bc the fiscal agent for this program, therefore, thc grant
funds accepted by thc City will be forwarded to the County.
Councilor McCallum stated that he is the President of Woodbum Together, however, he
has no financial interest in this program and funds will be accounted for by Marion
County.
Page 11 - Council Meeting Minutes, June 11, 2001
8A
COUNCIL MEETING MINUTES
JUNE 11, 2001
TAPE
READING
BJELLAND/SIFUENTEZ... approve receipt and allocation of the Juvenile
Accountability Incentive Block Grant funds for Woodbum Peer Court. The motion
passed unanimously.
0347
SKATE PARK DESIGN CONSULTANT.
Proposals were received from 3 firms and, following interviews, the Skate Park
Committee recommended that the City enter into a contract with Purkiss Rose - RSI to
assist in the design, construction documents, and construction administration related to
the proposed Skate Park.
FIGLEY/SIFUENTEZ... authorize staff to draft contract with Purkiss Rose - RSI for
preparation of conceptual design (not to exceed $7,500), construction documents (not to
exceed $9,000) and construction administration (not to exceed $4,500).
The motion passed unanimously.
0429
PLANNING COMMISSION ACTIONS.
A) Site Plan Review g01-03, Variance g01-03, and Variance #01-05: Evergreen
Retirement Community to be located south of West Hayes Street, north of Evergreen
Road, and east of Harvard Drive.
No action was taken by the Council on this land use application.
O45O
CITY ADMINISTRATOR'S REPORT.
A) Administrator Brown reminded the Mayor and Council of available dates in which
they can go to the Woodburn Independent and have their pictures taken for the
newspaper's file photos.
B) He also stated that the City had received notice last week from Marion County that
there will be a 125 foot tower being installed at the Viesko plant site on Arney Road
which is located outside of the City's Urban Growth Boundary. The administrative
approval has been given by the County's Community Development Director and, if the
City wishes to appeal this decision, the appeal needs to be filed by June 12th. The
property in which this tower will be erected is zoned as industrial which is the same
zoning classification that the City would require this type of tower to be placed on if it
were located within the City.
The Council took no action on this issue.
C) Public Works Manager Rohman informed the Council, and general public, that the
City did report to the State Health Division a total coliform violation for June 2001. He
emphasized that the coliform bacteria samples did not contain either fecal or E-coli
bacteria. He stated that coliform sampling is done monthly at each water well and he
reiterated that coliform is a naturally occurring bacteria which is normally harmless. The
City flushed the distribution lines in the area and a another sample was drawn, however,
tests results will not be in until June 12th.
Page 12 - Council Meeting Minutes, June 11, 2001
8A
COUNCIL MEETING MINUTES
JUNE 11, 2001
TAPE
READING
D) Public Works Manager Rohman also informed the Council that the Oregon Dept. of
Transportation will be installing a protective/permissive left mm phasing traffic signal at
the Lincoln/Highway 99E and Hardcastle/Highway 99E intersections. These signals are
being installed as part of an ODOT study on this type of traffic signal phasing. He stated
that ODOT had evaluated various signal locations throughout the state and selected two
locations in Woodburn to conduct the study. ODOT intends to have the signals
operational by June 14th.
1372
1517
MAYOR AND COUNCIL REPORTS.
Councilor Nichols stated that the Church of Nazarene will be hosting a community event
with a concert on June 30th and, on July 1st, they will be having a picnic which will
include various games and activities for all ages in a pre-celebration of July 4~h. The
public is invited to attend.
Councilor McCallum expressed his thanks to the Mayor and Council for the honor of
appointing him to this position. He also thanked his family for their encouragement
and support in this appointment.
Councilor Bjelland stated that he had attended a Mid-Willamette Valley Area
Commission on Transportation (MWVACT) meeting last week and several items of
interest relating to Woodburn were discussed at this meeting. First of all, the commuter
train study from Beaverton to Wilsonville has now been extended to Salem and the
analysis is in process by the State. Secondly, House Bill 2142 may be passed by the
legislature which will provide funding for modernization and preservation of roadways.
This bill authorizes the issuance of highway user tax bonds and the Commission plans on
being active to secure their fair share of funds for improvements. A major project that
could be funded through these dollars is Woodburn's I-5 interchange and Highway 214
improvements since this project is on ODOT's STIP, however, the City needs to address
the Transportation Systems Plan (TSP) as soon as possible so that the City does not lose
an opportunity to make improvements at the interchange.
Mayor Jennings stated that it is his understanding that AAA and the tracking industry are
not opposing this legislative bill.
Councilor Bjelland also stated that ODOT had completed a Highway 99E safety corridor
study and the report indicates that Woodburn sections of this roadway are in the forefront
of accidents and fatalities. There is also a significant number of pedestrian fatalities in
the Woodburn area along this roadway. He stated that he would be presenting the report
to staff and MWVACT is requesting the City to provide responses to issues outlined in
the report. The study involved the area between north Salem city limits to south Canby
city limits from which it was divided into sections and analyzed by sections. It was found
that a significant number of accidents are alcohol related and several of the
recommendations in the report relate to traffic enforcement in specific areas along
Highway 99E. Another issue in the report is the lack of lighting on Highway 99E which
Page 13 - Council Meeting Minutes, June 11, 2001
8A
COUNCIL MEETING MINUTES
JUNE 11, 2001
TAPE
READING
has resulted in a higher number of pedestrian/bicycle accidents within our city limits.
Administrator Brown stated that staff will try to have a report back to the Council for
their review at the next regular meeting.
Councilor Sifuentez reminded the Mayor and Council that there is a School District
recognition dinner scheduled for June 14th, 4:30 pm, in the high school commons.
Councilor Chadwick stated that she was glad to be back in attendance at the Council
meeting.
Mayor Jennings referred to the Planning Commission minutes of May 10, 2001, page 8,
and expressed concern in that the Commission is still bringing up the issue of Goose
Creek (not Mill Creek). In his opinion, this issue should be closed since the Corps of
Engineers has denied the City's request to enclose the drainage ditch and the City has
elected not to appeal the Corps decision.
2553
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/BJELLAND... adjourn to executive session under the statutory provisions
cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 9:26 pm and reconvened the meeting at
9:47 p.m.
Mayor Jennings stated that no decisions were made by the Council while they were in
executive session, and no motions are required during the regular session.
2595
ADJOURNMENT.
FIGLEY/NICHOLS... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:48 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 14 - Council Meeting Minutes, June 11, 2001
Executive Session
COUNCIL MEETING MINUTES
June 11, 2001
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JUNE 11, 2001.
CONVENED. The Council met in executive session at 9:35 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Absent
Councilor Figley Present
Councilor McCallum 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.
Thc executive session adjourned at 9:45 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Council Executive Session Minutes, June 11, 2001
WOODBURN PLANNING COMMISSION
May 24, 200t
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson Young P
Vice Chairperson Cox P (Arrived late)
Commissioner Fletcher A
Commissioner Miller P
Commissioner Lima A (On vacation)
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Commissioner Heer A
Staff Present:
Naomi Zwerdling, Senior Planner
Chairperson Young provided an opening statement for Public Headng.
MINUTES
A_~. Minutes of May 10, 2001 Planning Commission Meeting
Commissioner Bandelow moved to accept the Planning Commission meeting minutes of May 10"~ as
written. Commissioner Loner,qan seconded the motion which carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A__=. City Council Minutes of April 23, 2001
PUBLIC HEARING
A._~. Site Plan Review 01-04 and Lot Line Adiustment 0t-04, proposed commercial building
totaling 12,268 sq. ft. that shall be known as "The Home Center", t300 N. Pacific Highway,
Pamela Brooks, applicant (Included is the request by the applicant for a continuance of this
public hearing to the June 14, 2001 Planning Commission Meetin;L
Commissioner Loner.qan moved to continue the hearing to the June 14, 2001 Planning Commission
Meeting. Motion was seconded by Commissioner Bandelow. Motion unanimously carried.
Vice Chairperson Cox made a notation for the record that there is nobody in the audience to speak on this
headng.
FINAL ORDER
A.~. Site Plan Review 01-03, 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 2 ½-story structure
and to reduce special setback on Evergreen Road from 40 feet to 37 feet, located south of
West Hayes St., north of Evergreen Road and east of Harvard Drive, Crown II Development
LLC, applicant.
Commissioner Mill commented he was not present for this hearing but he did do a site visit, reviewed the
initial site packet, the minutes and the Final Order.
Planning Commission Meeting - May 24, 2001 Page 1 of 3
8B
Commissioner Loneq:lan indicated he too missed the Public Headng. However, he also reviewed the initial
site packet, the minutes and the Final Order. He stated he felt he could vote on this project at this time.
Vice Chairperson Cox moved to accept the Final Order as presented by Staff and requested it be signed by
the Chairperson. Commissioner Bandelow seconded the motion. Motion unanimously carded.
DISCUSSION ITEMS
Vice Chairperson Cox commented there are provisions in the Zoning Code as far as streets in new
subdivisions that the Planning Commission is supposed to have a hand in the naming of those streets. Vice
Chairperson Cox stated this has not always happened in the past and he is not sure what the Ordinance
states about selecting names for streets in areas which are not part of new subdivisions. He stated the
naming of streets should not be a Staff decision. Vice Chairperson Cox used as reference the naming of
"Harvard Street" and inquired what is the process in selecting names for streets?
Staff explained "Harvard Street" is actually an extension of the Montebello subdivision and the property to the
west of the Evergreen Retirement is a continuation of that street. She further indicated it is part of the
recorded plat on the Montebello subdivision just to the south of Evergreen Drive. Staff indicated she will look
into the process of street naming.
REPORTS
A.~. Planning Project Tracking Sheet (revised 5-14-0t)
BUSINESS FROM THE COMMISSION
Commissioner Mill complained that the weeds on the K-Mart property are getting really high. He stated he
contacted the developer and was told the K-Mart corporate office would take care of it. Commissioner Mill
indicated it has been a couple of weeks now and nothing has been done. He indicated this is an invitation of
all types of other problems and it really needs to be addressed. Additionally, he reported Shop-N-Cart are not
making everyday tdps to pick up shopping carts that are left on the streets.
Staff will look into the weeds issue.
Commissioner Bandelow reported a person can be mistaken about the way the road goes when you go
around to the cable company on Glatt Circle. She stated if you are headed to the cable company it looks like
the street goes right into the cable company when the reality is the circle comes around into it. Additionally,
Commissioner Bandelow commented people go in onto Meridian, make their left onto the Circle and go
straight into the cable company cutting dght across the traffic pattern for the circle. She remarked a yellow
line would make a big difference because the street actually goes into almost like a court and that is not part
of the street.
Vice Chairperson Cox pointed out this is the fourth time this issue has been brought up and a letter regarding
this issue was sent to John Brown. He inquired if anything at all has been done regarding this issue? Vice
Chairperson Cox expressed his irritation at the fact that something should be done about a problem and/or
issue once it has been pointed out.
The Commission expressed their concerns that they have not seen any report of what has been done on their
previous request to John Brown that this issue be looked into.
Commissioner Bandelow inquired whether there is any plan at all to change the intersection between Boones
Ferry and Highway 214 at the same time the widening project takes place? Additionally, she reported one of
the manufactured home lots has permanent signage up every ten feet. She stated she would like the
Ordinance Officer to look into this issue.
Commissioner Mill commended the Ordinance Officer for the success with Pizza Hut.
Planning Commission Meeting - May 24, 2001 Page 2 of 3
ADJOURNMENT
Commissioner Mill moved to adjourn. Vice Chairperson Cox seconded the motion which unanimously
carded. Meeting adjourned at 7:20 p.m.
APPROVED
ROYCE YOUNG, CHAIRPERSON
DATE
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - May 24, 2001 Page 3 of 3
A/P CHECK LISTING FOR THE MONTH OF MAY 2001 -- 8C
CHECK
NO
55048
5504,9
5505O
55051
55052
55053
55054
55055
55056
55O57
55O58
55059
55060
55061
55062
55063
55065
55066
55O67
55068
55069
55070
55071
55072
55073
55074
55075
55076
55077
55078
55079
55080
55081
55O82
55083
55084
55O85
55086
55087
55O88
55089
55090
55091
55092
55093
55094
55095
DEP,M~I'MENT
POST MTR-VARIOUS
SERVICES~COURT
SERVICES-PARKS
SERVICES-WATER
PAYROLL-VARIOUS
VOID
VOID
VOID
SUPPLIES-FINANCE
SUPPLIES-ENG
REIMBURSE-PARKS
SERVICES-PARKS
SUPPLI ES-WATER
SUPPLIES-C STORES
SERVICES-ENG
SERVICES-STREET
SERViCES-WVCrP
SERVICES-POLICE
SUPPLIES-VARIOUS
SERVICES.FINANCE
REIMBURSE-ADMIN
SERVICES.PLANNI NG
SERVICES.POLICE
SERVICES. PARKS
SERVICES-FINANCE
SERViCES. FINANCE
SERVICES-WWTP
SUPPLIES-STREET
SUPPLIES-WATER
SERVICES.POLICE
SERVICES-PLANNING
SERVICES. COURT
SERVICES-VARIOUS
SERVICES.PARKS
SUPPLIES.STREET
REIMBURSE-POLICE
SERVICES-VARIOUS
SERVICES.PARKS
SERVICES-VARIOUS
SEEVICES.ENG
SUPPLIES-ENG
SERVICES-VARIOUS
SERVICES.PARKS
SUPPLIES.WWTP
SU PPLI ES-WATER
SERVICES-VARIOUS
SERVICES-VARIOUS
SUPPLIES.VARIOUS
VENlX)R NAME
US POSTAL SERVICE
MARGOT COMLEY
SPRAUER CONST
VALLEY MAILING
OREGON PERS
VOID
VOID
VOID
DELL MARKETING
HAESTAD METHODS
NOAH CARLSON
LISA ESQUEDA
A&A DRILLING SERV
ADVANCED LASER
AEROTEK INC
ARAMARK UNIFORM
AT&T
BM CLEANING SERV
BIMART CORP
BOLDT, CARLISLE
JOHN BROWN
ROGER BUDKE
CASE AUTOMOTIVE
COSTCO WHOLESALE
DIRECT LINK
DP NORTHWEST
FEDERAL EXPRESS
HANSON PIPE
iNDUSTRIAL SUPPLY
INTL ASSOC OF CHIEFS
LLOYD D LINDLEY
MSI GROUP
MARION CTY TREAS
MARION ENV SERV
MAULDING CONST
JOHN MIKKOLA
MUFFLERS HITCHES
NEXTEL COMM
NW NATURAL GAS
ONSITE ENVIRON
PACIFIC SAFEY SPL¥
PORT GEN ELEC
PORT GEN ELEC
PRAXAIR DIST
PUB WORKS SPLY
QWEST
QWEST
RED WING SHOE
VENI:X) R
NO
020089
002686
018707
021044
014~.24
VOID
VOID
VOID
NONE
NONE
NONE
NONE
000010
000080
000534
000623
001030
001275
001490
001580
002190
002880
003241
003264
005080
007060
008220
011278
012015
012223
012227
012305
012485
012655
013188
013350
014055
015040
015420
015422
O1548O
015648
016201
016202
017138
5/1/01
5/1/01
5/3/01
5/3/01
5/3/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5i4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
AMOUNT
$1,200.00
$162.50
$6,000.00
$675.20
$99.51
$0.00
$0.00
$2,221.91
$95.OO
$24.00
$50.00
$990.00
$259.8o
$18o.oo
$47.33
$200.00
$111.76
$49.00
$328.20
$202.50
$800.75
$170.00
$61.64
$185.14
$3,343.00
$131.42
$100.00
$8,796. ! 8
$125.00
$167.26
$12.20
$65.00
$30.50
$653.34
$738.23
$5,168.80
$665.15
$1,840.00
$12,883.38
$620.30
$14.46
$166.5o
$202.84
$691.49
$1,286.00
Page I
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
55O96
55097
55098
55O99
55100
55101
55102
55103
55104
55105
55106
55107
55108
55109
55110
55111
55112
55113
55114
55115
55116
55117
55118
55119
55120
55121
55122
55123
55124
55125
55126
55127
55128
55129
55130
55131
55132
55133
55134
55135
55136
55137
55138
55139
55140
55141
55142
55143
55144
55145
SUPPLIES-POLICE
SU PPLI ES- PARKS
SUPPLIES-VARIOUS
SERVICES-VARIOUS
SERVICES-PARKS
SERVICES-VARIOUS
SERVICES-BUILDING
SUPPLIES-WWTP
SUPPLIES-ATTY
SUPPLIES-POLICE
SUPPLIES-STREET
SERVICES-POLICE
SERVICES-PUB WKS
SERVICES-NON DEPT
SUPPLIES-PUB WKS
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REI MBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE-RSVP
REIMBURSE.WATER
PETTY CASH-VARIOUS
PAYROLL-PLANNING
SERVICES-WATER
VOID
VOID
VOID
REFUND.WTR/SWR
REFUND.W"rR/SWR
SUPPLIES-PARKS
SUPPLIES-C STORES
SERVICES.ENG
SERVICES.WWTP
SERVICES-STREET
SERVICES.VARIOUS
SERVICES-FI NANCE
SERVICES.WWTP
SERViCES-ST/PARKS
SUPPLIES.PARKS
SERVICES.ATTY
SUPPLiES.POLICE
SUPPLIES-LI BRARY
SUPPLIES-PUB WKS
SERVICES-PUB WKS
SERVICES-PUB WKS
SERVICES. POLICE
SUPPLIES.PARKS
SERVICES.WATER
SAN DIEGO POLICE
SPORTS SUPPLY
UNOCAL
UNITED DISPOSAL
VERIZON WIRELESS
VERIZON WIRELESS
WALKER CONSULTING
WATER ENVIRON FED
WEST GROUP
WHEEL GRAPHICS
WI LCO FARMERS
WBN FLORIST
WBN GARAGE DOORS
WBN INDEPENDENT
YES GRAPHICS
DOROTHY COOMBS
BILL FAULHABER
DONNA GRAMSE
FRAN HOWARD
VADA OWENS
JUNE WOODCOCK
JAY WOODS
BEULAH JORDAN
CITY OF WOODBURN
EBS TRUST
VALLEY MAt LING
VOID
VOID
VOID
TOM CAMPBELL
STEVEN HOI~TON
KRIS SMITH
ADVANCED LASER
AEROTEK
AFFORDABLE CLEAN
ARAMARK UNIFORM
ARCH WIRELESS
AWARDS & ATHLETICS
AT&T
AXIS CURB CO
BASHORS TEAM ATH
BEERY & ELSNER LLP
BLUMENTHAL UNIFORM
BUILDING TECH BOOKS
CARPET WAREHOUSE
CH2M HILL
MARGOT COMLEY
CRYSTAL SPRINGS WTR
DALLAS GLASS
DE HAAS & ASSOCIATES
018170
018694
020010
020020
021123
021124
022021
022091
022160
022280
022292
022600
022605
022630
024025
035220
035240
035260
035270
035590
035648
035763
045320
015255
O6OO2O
021044
VOID
VOID
VOID
NONE
NONE
NONE
000066
000083
000534
000535
000580
00O623
001156
001230
001310
001587
002175
002478
002686
002919
O03031
003108
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5t4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/4/01
5/8/01
5/10/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/0i
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
$568.00
$83.16
$435.86
$2,125.15
$19.14
$926.59
$5OO.OO
$54.75
$157.00
$664.Ol
$44.93
$47.50
$78.65
$191.25
$11.00
$35.00
$30.00
$7o.oo
$5.00
$7.00
$20 .oo
$35.0O
$127.60
$188.15
$608.40
$o.oo
$o.oo
$7.23
$23.25
$45.49
$109.90
$2oo.oo
$120.00
$47.33
$22030
$84.50
$15.41
$5,153.73
$84.19
$5,433.92
$463.OO
$4.76
$337.00
$12o.oo
$50.00
$42.50
$722.7O
$2,192.65
Page 2
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
5514.6
55147
55148
55149
55150
55151
55152
55153
55154
55155
55156
55157
55158
55159
55160
55161
55162
55163
55164.
55165
55166
55167
55168
55169
55170
55171
55172
55173
55174
55175
55176
55177
55178
55179
55180
55181
55182
55183
55184
55185
55186
55187
55188
55189
55190
55191
55192
55193
55194
55195
SERVICES.FINANCE
SUPPLIES-WWTP
SERVICES-PARKS
SERVICES-PARKS
SUPPLIES-POLICE
SUPPLIES-WWTP
SERVICES-PARKS
SERVICES-WATER
SUPPLIES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES,WATER
SERVICES-PUB WKS
SUPPLIES-PARKS
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-POLICE
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SERVICES.WW"rP
SERVICES-PARKS
REIMBURSE-BUILDING
SERVICES-WWTP
SERVICES-STREET
SERVICES-ENG
SERVICES-PARKS
SUPPLI ES- PO LICE
SUPPLIES-PARKS
SERVICES-VARIOUS
SERVICES-VARI OUS
SUPPLIES-ENG
SUPPLIES-MUSEUM
SERVICES.MAYOR
SERVICES-PARKS
SUPPLIES-POLICE
SUPPLIES-PARKS
SUPPLIES-PUB WKS
SERVICES-VARIOUS
SUPPLIES-VARIOUS
SUPPLIES-PUB WKS
SUPPLIES-POLICE
SUPPLI ES-WWTP
SUPPLIES-WWTP
SUPPLIES-POLICE
SUPPLIES-STREET
REIMBURSE.PARKS
SERVI CES-CABLE ~/
REFUND-WWTP
SERVICES-VARIOUS
PAYROLL-VARIOUS
SERVICES.WATER
DIRECT LINK
DP NORTHWEST
DRC ENTERPRISES
EAGLE WEB PRESS
GALLS INC
GE CAPITAL MODULAR
CJ HANSEN CO
HDR ENGINEERING
IND WELDING SUPPLY
INGRAM DIST
KATHLEEN ENTER
KOHRI NG CONST
LAZERQUICK
LEISURE ARTS
LIBRARY ASSOCIATES
MARION CTY TREAS
MCCORMICK BARK
METROFUELING
MOLALLA COMM
NATL EEC & PARK
DAN NELSON
NOR'TH CREEK ANAL
NW NATURAL GAS
ONSITE ENVIRON
OR DEPT OF CONS
OR DMV
PORTLAND BOTTLING
PORT GENERAL ELEC
QWEST
RADIO SHACK
SALEM PRINTING
SILVER FALLS CONF
SONITROL
SOS LOCK SERV
STAGE III INC
STATESMAN JOURNAL
TEK SYSTEMS
US OFFICE PRODUCTS
TRUSS T STRUCT
VIKING OFFICE
VWR SCIENTIFIC PROD
WATERLAB
WATERSHED
WI LCO FARMERS
KATHY WlLLCOX
WBN COMM ACCESS
WBN FERTILIZER
YES GRAPHICS
IRS
VALLEY MAILING SERV
003240
003264
003273
004018
006011
006045
007055
007112
008100
008116
010035
010105
011177
011205
011244
012223
012350
012~48
012563
013090
013151
013216
013350
014055
014199
014240
015415
0154.20
016202
017030
018110
018471
018605
0186O8
018732
018760
019O46
019100
019260
021180
021300
022065
022082
022292
022390
022547
022590
024025
060070
021044
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/0t
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/11/01
5/17/01
$315.OO
$2,468.17
$2,812.50
$1,187.20
$492.95
$382.71
$198.00
$12,600.00
$414.46
$2,472.32
$83.28
$4,097.28
$698.94
$24.91
$50.40
$57.00
$30.00
$1,895.07
$49,9o
$5O.OO
$59.45
$79.00
$198.74
$1,123.23
$75.12
$6.50
$118.84
$22,249.17
$2,924.05
$54.76
$4 43o
$149.50
$50.00
$7.50
$2,445.25
$62.40
$1,840.oo
$2,706.35
$130.00
$e9.97
$4,736.02
$30.00
$138.00
$95.64
$136.37
$1,35o.oo
$414.25
$582.00
$5,384.73
$511.60
Page 3
A/P CHECK LISTING FOR THE MONTH OF MAY 2001 -- 8C
55196
55197
55198
55199
55200
55201
55202
55203
55204
55205
55206
55207
552O8
55209
55210
55211
55212
55213
55214
55215
55216
55217
55218
55219
55220
55221
55222
55223
55224
55225
55226
55227
55228
55229
55230
55231
55232
55233
55234
55235
55236
55237
55238
55239
55240
55241
55242
55243
55244
55245
VOID
VOID
VOID
REFUND-WTPJ SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
SERVICES-PUB WKS
SERVICES-ATTY
REIMBURSE-PARKS
SERVICES-WATER
SERVICES.WW'TP
SUPPLIES-POLICE
SUPPLI ES-WATER
SERVICES.WATER
SERVICES-PARKS
SERVICES-POLICE
SUPPLIES-PARKS
SERVICES-WWTP
SUPPLIES. LIBRARY
SERVICES-SELF INS
SUPPLIES-STREET
SERVlCES-WWTP
SERVICES-ENG
SUPPLI ES-LI BRARY
SERVICES.FINANCE
SERVICES-PLANNING
SUPPLIES-STREET
SUPPLIES-POLICE
REIMBURSE-PARKS
SUPPLIES,WWTP
REI MBURSE-PARKS
SUPPLIES-VARIOUS
REIMBURSE.WWTP
SUPPLI ES- PARKS
SERVICES-C STORES
SERVICES-VARIOUS
SERVICES-ATTY
SERVICE~PARKS
SERVICES.WATER
SUPPLIES-LIBRARY
SERVICES-TRANSIT
SERVICES-VARIOUS
SERVICES-WWTP
SERVICES-ENG
SUPPLIES-STREET
SERVICES-POLICE
SUPPLIES-WWTP
SERVICES-POLICE
VOID
VOID
VOID
VENTURE DYNAMICS
FEDOSIA A BARSUKOFF
MC BUILDERS
VENTURE DYNAMICS
FRANK SCHINDLER
PRESTON GATES ELLIS
HYATT REGENCY
RUTH MASON
OR ASSOC OF WTR UTIL
ABLE CRANE
ALS FRUIT & SHRUB
AMER WATERWORKS
AMTEST OREGON
METROCALL
LANGUAGE LINE SERV
BASHORS TEAM ATH
BROWN & CALDWELL
CHEMEKETA COMM COLL
CIS:CITY CTY INS
CONSOLIDATED SUPPLY
CORP INC
CRANE & MERSETH
CREATIVE JOYS INC
DP NORTHWEST INC
ECONORTHWEST
GK MACHINE
GALLS INC
JENNIFI~R GOODRICK
WW GRAINGER INC
LESLt E GREEAR
HALTON CO
JEFFREY HANSEN
INDUSTRIAL WELDING
I0S CAPITAL
IKON OFFICE SOLUTIONS
INTL MUNICIPAL LAWYERS
LF_IStNGER DESIGNS
LINDS MARKET
LIBROS SIN FRONTERA$
MACS RADIATOR
MARION CTY CLERK
MARION CTY BLDG INSPEC
MULTI TECH ENG SERV
NEWMAN TRAFFIC SIGNS
NORCOM
NORTHSTAR CHEMICAL
OR DEPT OF ADMIN SERV
VOID
VOID
VOID
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
OOOO35
000160
0O0360
000655
000659
O0 ! 573
002410
002488
002770
002879
002896
OO2901
OO3264
OO4O5O
O06009
006011
OO6225
006283
006298
007046
007058
008100
008118
008119
008292
O11202
O11240
011277
012020
012087
012090
012682
013170
013198
013235
014198
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18101
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/I8/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5118/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
$0.00
$o.oo
$o.oo
$~.~
$21.54
$18.20
$28.72
$12.61
$235.00
$586.92
$41.00
$675,00
$370.00
$79.68
$46,75
$332.50
$14.03
$632.21
$147.03
$27,836.68
$1,398.89
$10,880.85
$4,098.95
$30,450.79
$248.8o
$51.71
$4,216.50
$34.20
$35.97
$20.00
$31.85
$26.14
$7,091.25
$19.50
$21.00
$655.24
$407.97
$44O.O0
$17,121.80
$30.00
$234.35
$112.00
$46.00
$164.99
$10,402.09
$2,412.95
$21,463.75
$1,170.00
$375.00
Page 4
~ T
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
$C
55246
55247
55248
55249
55250
55251
55252
55253
55254
55255
55256
55257
55258
55259
55260
55261
55262
55263
55264
55265
55266
55267
55268
55269
55270
55271
55272
55273
55274
55275
55276
55277
55278
55279
55280
55281
55282
55283
55284
55285
55286
55287
55288
55289
55290
55291
55292
55293
55294
55295
SERVICES-WWTP
SUPPLIES-FINANCE
SERVICES-VARIOUS
SEI::NICES-LIBRARY
SERVICES-COURT
SUPPLI ES.WATER
SUPPLiES-STREET
SUPPLIES-LIBRARY
SUPPLIES-STREET
SUPPLIES-WWTP
SUPPLIES-ADMIN
SUPPLIES-POLICE
SUPPLIES-PARKS
SERVICES- PARKS
SUPPLIES-WWTP
SUPPLIES-PARKS
SUPPLI ES-WATER
SUPPLIES-POLICE
SUPPLIES-STREET
SUPPLIES-PARKS
SU PPLI ES-ADM I N
SERVICES-POLICE
SUPPLIES-STREET
SERVICES-POLICE
SUPPLIES-WWTP
PETTY CASH-VARIOUS
POSTAGE MTR-VARIOUS
VOID
VOID
VOID
VOID
VOID
SUPPLI ES- LIBRARY
REFUND.VCrR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
SUPPLIES. LIBRARY
SUPPLi ES-LI BRARY
SERVICES-LIBRARY
SUPPLiES-LIBRARY
WITNESS FEE.ATTY
SERVICES-ENG
SUPPLIE$.WWTP
SUPPLIES.WWTP
SERVtCES-C GARAGE
SERVICES-VARiOUS
SUPPLI ES-POLICE
SUPPLIES. LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-ADMIN
OR DEFT OF CONSUMER
OR DEPT OF JUSTICE
OR DEPT OF TRANSPORT
OR LIBRARY ASSN
OR STATE POLICE
US FILTER
PAULS SMALL MTR SERV
POOL & CREW
PORTER W YETT CO
JACK RAWLINGS
ROTHS IGA
SHOOTERS MERCANTILE
SILVERq'ON SAND
SOS LOCK SERV
STATESMAN JOURNAL
SUNBELT RENTALS
TAYLOR ELECTRIC
TRAFFIC DATA SERVICE
UNOCAL:ERNIE GRAHAM
VIESKO QUALITY CON
WBN DOWNTOWN ASSOC
WBN FLORIST
WBN RENT ALL
WBN 24HR TOWING
YES GRAPHICS
CITY OF WOODBURN
US POSTAL SERV
VOID
VOID
VOID
VOiD
VOID
VERIZON
SANDSTRUM HOMES
ALFRED H SCHATER
ORVILLE KREBS
PICTORIAL HIs~roRY
JERRY BAKER
PNLA
EDITORIAL TELEVISA
ROBERT MILL
AEROTEK
A-1 COUPLING
ARAMARK UNI FORM
ARAMARK UNI FORM
BARRAN, LIEBMAN LLP
BLUMENTHAL UNIFORM
BOOK WHOLESALERS
BULLDOG VIDEO
BUREAU OF LABOR
014199
014210
014260
014327
014535
015065
015175
015371
015400
017054
017340
018453
018490
018608
018760
018816
019030
019215
020010
021140
022580
022600
022708
022755
024025
015255
020089
VOID
VOID
VOID
VOID
VOID
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
000080
000533
000534
00114.5
001310
001350
O01586
001605
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/18/01
5/21/01
5/24/01
5/24101
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
$75.79
$120.00
$312.17
$12.00
$4,909.64
$26.95
$106.85
$806,65
$1,3O9°OO
$31.19
$49.90
$797.16
$16.30
$167.44
$449.05
$62.40
$117.02
$6O3.89
$4,403.77
$650.00
$45.00
$1o.oo
$58.75
$984.06
$167.32
$200.0O
$0.00
$0.00
$0.00
$37.20
$71.52
$30.59
$35.01
$32.46
$264.50
$34.00
$14.00
$160.00
$56.07
$77.94
$12.66
$75.oo
$1,oo6.65
$111.01
$376.30
$17.50
Page 5
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
8C
55296
55297
55298
55299
55300
55301
55302
55303
55304
55305
55306
55307
55308
55309
55310
55311
55312
55313
55314
55315
55316
55317
55318
55319
55320
55321
55322
55323
55324
55325
55326
55327
55328
55329
55330
55331
55332
55333
55334
55335
55336
55337
55338
55339
55340
55341
55342
55343
55344
55345
SUPPLIES-PUB WKS
SERVICES-WWTP
SUPPLI ES- LIBRARY
SUPPLIES-STREET
SERVICES-PARKS
SERVICES-POLICE
REIMBURSE-WWTP
SU PPLI ES-LI B P, ARY
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES- LIBRARY
SERVICES-ATTY
SUPPLIES-WWTP
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-LIBRARY
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERV1CES-WWTP
SERVICES-WWTP
SUPPLIES-WWTP
SERVICES-WWTP
SERVICES-POLICE
SUPPLIES-WWTP
SUPPLIES-LIBRARY
SUPPLIES-PARKS
SUPPLIES.LIBRARY
REIMBURSE-ADMIN
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-VARIOUS
SERVICES-VARIOUS
SERVICES.ENG
SERVICES-BUILDING
SUPPLI ES-LI BRARY
SERVICES-COURT
SUPPLIES-PARKS
SERVICES.FINANCE
SERVICES-VARIOUS
SUPPLIES-LIBRARY
SUPPLIES-WWTP
SERVICES-WATER
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
REIMBURSE-POLICE
SUPPLIES-PARKS
SUPPLIES-LIBRARY
REI MBURSE-POLICE
SUPPLIES-PARKS
REIMBURSE-COURT
CAPITAL PAINT
CHERRY CITY ELECTRIC
CHIVERS
CLYDE WEST
COMMERCIAL CEILING
COMPAQ FINANCIAL SERV
V JEAN DEEN
DEMCO I NC
EBSCO SUBSCRIPTION
EDU CLEARINGHOUSE
EDUCATORS PROGRESS
FIRST AM TITLE
GK MACHINE
GALE GROUP
GAYLORD BROS
GE CAPITAL
HIGHSMITH CO
HILL DONNELLY DIRECT
HiRE CALLING
ED HOOLEY
IDEXX DIST
INDUSTRIAL AVIATION
lOS CAPITAL
INST OF MGMT ACCTS
JACKSON HIRSH
MARINE RESCUE PROD
MARSHALL CAVENDISH
KEZIA MERWlN
MULTNOMAH PUBLISHER
NATL GEOGRAPHIC SOC
NIDCrEL COMM
ONE CALL CONCEPTS
ONSITE ENVIRON
OR BUILDING OFFICIALS
OR SECRETARY OF STATE
OR STATE POLICE
PEPSi COLA
POLAR SYSTEMS
QWEST
QWEST DEX DIRECTORY
RADIO SHACK
RADIX CORP
RECORDED t~OOKS
REGENT BOOK
ROBERT RODRIGUEZ
S&S WORLDWIDE
SF TRAVEL PUBLICATIONS
N ROBERT SHIELDS
STAGE I11 INC
MARY TENNANT
002079
002424
002460
OO2588
002712
002724
0031O7
003110
004040
OO4O78
004083
005125
O06OO9
0O6015
006030
006079
007215
007220
OO7240
007301
008015
008118
008145
00904.3
012080
012235
012440
012686
013060
013188
014054
014055
014125
014480
014535
015225
015370
016201
016203
017030
017035
017102
017148
017290
018017
0184O8
018450
018732
019055
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24101
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
$113.60
$793.37
$353.45
$8.31
$2,240.00
$118,54
$11.25
$556.98
$33.00
$180.70
$44.90
$220.00
$13.20
$88.34
$144.00
$169.62
$25.20
$123.40
$1,624.80
$340.00
$1,092.67
$645.OO
$513.12
$230.00
$72.89
$229.00
$587.96
$227.63
$69.62
$13.90
$1,027.00
$72.00
$338.85
$100.O0
$43.85
$12.00
$6OO.9O
$5,336.00
$1,6~a. .37
$39.97
$256.74
$91.20
$13.32
$9.98
$1,145.33
$139.90
$15.97
$747.53
$57.80
Page 6
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
$C
55346
55347
55348
55349
55350
55351
55352
55353
55354
55355
55356
55357
55358
55359
55360
55261
55362
55363
55364
55365
55366
55367
55368
55369
55370
55371
55372
55373
55374
55375
55376
55377
55378
55379
55380
55381
55382
55383
55384
55385
55386
55387
55388
55389
55390
55391
55392
55393
55394
55395
SUPPLIES-VARIOUS
SERVICES-WATER
SUPPLIES-LI BRARY
SUPPLIES-WWTP
SUPPLIES. LIBRARY
SUPPLI ES-ATTY
SERVICES.VARIOUS
SERVICES-LI BRARY
SUPPLI ES-VARIOUS
PETTY CASH-VARIOUS
VOID
VOID
VOID
REFUND-WTR/SWR
REFUND-WTR/SWR
REFUND-WTR/SWR
SUPPLIES-MUSEUM
SERVICES-FINANCE
SUPPLIES-LIBRARY
SUPPLIES-LIBRARY
SERVICES-VARIOUS
SEI:A/ICES.PARKS
SUPPLIES-C STORES
SERVICES-ENG
SUPPLIES-LIBRARY
SUPPLIES-POLICE
SUPPLIES-LIBRARY
SERVICES-VARIOUS
SERVICES-POLICE
SERVICES-VARIOUS
SERVICES.WWTP
SUPPLI ES-PARKS
SUPPLIES-PARKS
SUPPLIES-VARIOUS
SUPPLIES-POLICE
SERVICES-PLANNING
SERVICES.POLICE
SU PPLI ES- PARKS
SERVICES-WVVTP
SUPPLIES-VARIOUS
SERVICES-COURT
SUPPLIES-VARIOUS
SUPPLIES-POLICE
SU PPLI ES-LI BRARY
SUPPLIES-POLICE
SUPPLIES-LIBRARY
SUPPLIES-WWTP
SERVICES-PUB WKS
SUPPLIES-VARIOUS
SUPPLIES.PARKS
US OFFICE PRODUCTS
VALLEY MA1LI NG
VISIONS
VWR SCIENTIFIC
WEISS RATINGS
WEST GROUP
WBN FAMILY CLINIC
WBN FLORIST
YES GRAPHICS
CITY OF WOODBURN
VOID
VOID
VOID
WATAMULL LLC
THE LUCKEY CO
WATAMULL LLC
TAM
CITY OF HILLSBORO
CRITICAS
UNDER THE STARS
A&A PEST CONTROL
ACE SEPTIC
ADVANCED LASER
AEROTEK
ALS FRuI'r
AMERICAN GLOVE
AMERICANA PUBLISH
ARAMARK UNIFORM
AUTO ADDITIONS
AT&T
AWWA
HOUSEHOLD BANK
BEN FRANKLIN
BIMART CORP
BLUMENTHAL UNIFORM
ROGER J BUDKE
CASE AUTOMOTIVE
CASCADE COLUMBIA
CH2M.HILL
COASTAL FARM
MARGOT COMLEY
DAVISON AUTO PARTS
DAV1SON AUTO PARTS
DEMCO INC
EARPHONE CONNECTION
EDUCATORS PROGRESS
ESTACADA OIL
EVAN HOUSE CO
FAMILIAN NW
FARM PLAN
019100
021044
021203
021300
022128
022160
022587
022600
024025
015255
VOID
VOID
VOID
NONE
NONE
NONE
NONE
NONE
NONE
NONE
000011
000031
000066
000080
000230
000370
000534
000558
000623
000665
001199
001205
001275
001310
0O1580
002190
002218
002478
002625
002686
003080
003110
004025
004275
004420
005030
005062
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/24/01
5/30/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
$2,22337
$412.00
$45.63
$1,529.47
$785.90
$157.00
$229.00
$25.OO
$188.20
$143.57
$o.oo
$o.oo
$35.29
$7.45
$24.00
$50.00
$1,176.91
$29.95
$54.90
$388.50
$48.00
$155.00
$57.97
$202.50
$75.00
$1,090.79
$421.55
$82.47
$53.00
$789.88
$2.38
$268.01
$321.35
$720.00
$1,871.34
$790.00
$4,996.00
$1,106.26
$243.75
$96.08
$5.98
$157.66
$592.00
$62.30
$7,765.00
$1,279.04
$491.07
Pase 7
A/P CHECK LISTING FOR THE MONTH OF MAY 2001
$C
55396
55397
55398
55399
55400
55401
554O2
55403
55404
554O5
554O6
55407
554O8
55409
55410
55411
55412
55413
55414
55415
55416
55417
55418
55419
55420
55421
55422
55423
55424
55425
55426
55427
55428
55429
5543O
55431
55432
55433
554:~4
554~5
55436
55437
55439
55440
5544.1
55442
55443
55444
55445
SERVICES-POLICE
SUPPLIES-LIBRARY
SUPPLIES-PUB WKS
SERVICES-PARKS
SUPPLIES-VARIOUS
SUPPLI ES-PARKS
SUPPLIES-PARKS
SERVICES-WWTP
SU PPLI ES- PARKS
SUPPLIES-WWTP
SUPPLI ES-VARIOUS
SUPPLI ES-LI BRARY
SUPPLIES-LIBRARY
SERVICES-WATER
RENT-POLICE
SERVICES-PUB WKS
SUPPLIES-VARIOUS
SUPPLIES-POLICE
SERVICES*COURT
SUPPLIES-LIBRARY
SERVICES-POLICE
SUPPLiES-VARIOUS
SERVICES-LIBRARY
SUPPLIES-VARIOUS
REIMI~URSE. BU1LDING
SUPPLIES-WWTP
SERVICES.LNG
SERVICES-LIBRARY
SUPPLI ES.VARIOUS
SERVICES-COURT
SUPPLIES-WATER
SERVICES-POLICE
SUPPLI ES.PARKS
SERVICES-FINANCE
SUPPLIES-PARKS
SUPPLIES-WWTP
SUPPLIES-PARKS
SUPPLI ES- LIBRARY
SERVICES-VARIOUS
SERVICES-FINANCE
SUPPLIES-LIBRARY
SUPPLI ES-LIBRARY
SUPPLIES-PARKS
SUPPLIES-PUB WKS
SUPPLIES-VARIOUS
SERVICES-WWTP
REIMBURSE-POLICE
SSERVICES-VARIOUS
SERVlCES-WWTP
SERVICES-LNG
FOTO MAGIC
GALE GROUP
WW GRAINGER INC
GREER BROS
GW HARDWARE
HACH CHEMICAL
HALTON CO
HIRE CALLING
HOME DEPOT
IDEXX DIST
IND WELDING
INFO USA MARKETING
INGRAM DIST
IKON OFFICE
KEY INVESTMENTS
TIMO KORKEAKOSKI
L&L BUILDING
LIGHTNING POWDER
MSI GROUP
MADERA Cl NEVI DEO
MARTIN BROS SIGNS
METROFUELING
MID VALLEY DEVELOP
MR P'S AUTO PTS
DAN NELSON
NORTH CREEK ANAL
ONSITE ENVIRON
ORBIS LIBRARY
OR DEPT OF ADMIN
OR STATE POLICE
PAULS SMALL MTR
PAULS AUTO BODY
PEPSI COLA
POLAR SYSTEMS
PORTLAND BOTTLING
PRAXA! R DIST
PROMOTIONS WEST
QUILL
QWEST
QWEST
QWEST DEX DIRECT
RECORDED BOOKS
EOTH~
SAFFRON SUPPLY
LES SCHWAB TI RE
SIERRA SPRINGS
STEVEN SLOAN
S.O.S. LOCK SERVICE
STATESMAN JOURNAL
TEK SYSTEMS
O05258
006015
006283
OO63OO
006405
007030
007046
007240
007280
008015
008100
008110
008116
008119
010080
010298
01101O
011230
012015
012036
012285
012448
012470
012510
013151
O13216
014055
014072
014198
014535
015175
015185
015225
015370
015415
015480
015563
016130
016201
016202
016203
017102
017340
018020
018300
01846O
018540
018608
018760
019046
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
$1~.95
$44.17
$1,045.35
$9,200.00
$1,472.62
$82.60
$579.50
$1,624.80
$739.90
$201.29
$250.0O
$3,58O.46
$1o.55
$3,792.64
$3,112.46
$749.68
$85.50
$125.oo
$171.99
$318.00
$2,125.46
$20.00
$149.01
$182.70
$130.00
$564.75
$415.00
$12.00
$6.86
$364.00
$166.65
$1,325.oo
$138.42
$14.05
$346.00
$194.62
$189.44
$223.oo
$13.95
$95.40
$235.60
$704.57
$57.5O
$15.97
$139.35
$183.96
$1,840.00
Page 8
A/P CHECK LISTING FOR THE MONTH OF MAY 2001 __ 8C
55446
55447
55448
55449
55450
55451
55452
55453
55454
55455
55456
55457
55458
55459
55460
55461
55462
55463
55464
55465
55466
55467
55468
55469
55470
SUPPLIES-VARiOUS
SUPPLIES-WWTP
SERVICES-VARIOUS
SUPPLIES-PARKS
SUPPLI ES- POLICE
SUPPLIES-POLICE
SUPPLIES-LiBRARY
SUPPLI ES-PARKS
SUPPLIES-VARIOUS
SUPPLIES-VARiOUS
SERVICES-POLICE
SUPPLIES-MUSEUM
SUPPLIES-PARKS
REIMBURSE-DAR
REIMBURSE.DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR/WTR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
REIMBURSE-DAR
SERVICES.WTR
US OFFICE PRODUCTS
UNOCAL
VERIZON WIRELESS
VIESKO QUALITY
VIKING OFFICE
WALKERS CYCLE
WEISS RATINGS
WILL CHAP RED CROSS
WITHERS LUMBER
WBN FERTILIZER
WBN FLORIST
WBN HIGH SCHOOL
WBN REI~T ALL
DOROTHA BORLAND
SALLY BUSE
CORNELIUS DONNELLY
ALTA FULLER
LEONARD GIAUQUE
FRED HAYES
BEULAH JORDAN
J WARD O'BRIEN
MARILYN PARADIS
GERTRUDE REES
STEVE STURN
OREGON DMV
019100
020010
021124
021140
021180
022023
022128
022328
022445
022590
022600
022615
022708
045100
045110
045230
045270
045290
045315
045320
045497
045512
045545
045585
014240
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
5/31/01
$1,302.53
$473.23
$915.78
$7,104.24
$37.33
$259.90
$197.oo
$617.40
$395.64
$559.61
$120.00
$350.00
$2,764.18
$194.o6
$59.21
$2O3.98
$41.85
$203.98
$270.32
$113.43
$67.27
$21.86
$37.51
$113.46
$56.00
$439,645.08
Pase 9
8])
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrato
Public Works Program Manager/~-~---'~-
Removal of Large Fir Tree on Country Club Road
June 20,2001
INFORMATION:
A large fir tree which is in the public right of way and adjacent to the city owned well site
on Country Club Road has been determined to be a hazardous tree and will be
removed.
BACKGROUND:
Thero is a large fir tree located in the Country Club Road right of way adjacent to a city
owned well site. Many of the branches are dead and the city became concerned. The
city had the tree evaluated by an arborist certified by the National Arborist Association.
They determined that the tree is failing and that there is a potential for branches to fail
and fall from the tree. These branches are large and the trees location next to the
roadway and a city building make for a potential situation where a falling branch or
branches could cause property damage and potentially personal injury.
The tree is also in conflict with the proposed road improvements proposed for this
section of Country Club Road. The tree would have to be removed as part of this road
modernization project.
Public Works staff will proceed with removal of the tree unless other direction is
received from council.
City of Woodburn
Police Department
STAFF REPORT
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-2345
Date:
From:
To:
.~001
, Chief of Police
Mayor and Council
John Brown, City Administrator
Subject:
Police Department Activities - May 2001
8}
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.
7om
c)
IOA
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(5O3) 982-5246
Date:
June 25,2001
To:
From:
Subject:
Honorable Mayor and City Council thru City Administrator
Jim Mulder, Director of Community Development/~
Appeal of Site Plan Review 00-t2, Variance 01-04, and Partition 01-01,
"Safeway Shopping Center"
RECOMMENDATION: In regard to this proposal, the City Council has the following
options:
(1)
Concur with the Planning Commission's final order and approve Site Plan
Review 00-12, Variance 01-04, and Partition 01-01.
(2) Modify the Planning Commission's final order.
(3) Deny Site Plan Review 00-12, Variance 01-04, and Partition 01-01.
It is recommended that the City Council instruct staff to prepare an ordinance to
substantiate your decision.
BACKGROUND:
At their hearing of March 22, 2001, the Planning Commission considered a request by
Pacific Realty Associates, L.P. to construct a retail shopping center on a 10.36 acre site
located at the southeast corner of the intersection of Highway 99E and Highway 211.
The site plan includes a 57,860 square foot grocery store, 12,000 square foot retail
building, 4,000 square foot bank, 2,200 square foot drive-thru restaurant, and a service
station. In conjunction with the site plan review application the applicant requests
approval of six variances all of which pertain to proposed signage on the site. Also, the
applicant requests approval of a partition application to allow three existing lots to be
consolidated into one parcel.
On April 12, 2001, the Planning Commission approved a final order approving Site Plan
Review 00-12, Variance 01-04, and Partition 01-01. The Planning Commission's
decision was subsequently appealed by Northwest Real Estate Services, Inc. This
public hearing is to consider that appeal and has been noticed as a de novo hearing
which allows new evidence and testimony to be presented by any party.
IOA
The appellant's grounds for appeal and the applicant's response thereto are attached to
this report along with the Planning Commission's final order, staff report and minutes.
ANALYSIS:
In its appeal statement, the appellant argues that the Planning Commission erred in
approving the project because it imposed a condition of approval requiring the applicant
to dedicate property it did not own. The appellant references conditions of approval #20
and #22. These conditions read as follows:
Condition No. 20:
"Access and improvement requirements on Highway 99E and Highway 211 is
controlled and conditioned by the Oregon Department of Transportation (ODOT).
Applicant shall obtain road approach permit from ODOT."
Condition No. 22:
"Dedicate a minimum of 7 additional feet right of way along HVVY 211, adjacent
to the subject property. However the actual dedication shall include all of that
property needed to construct the improvements on both HVVY 211 and HWY 99E
as required by ODOT. Provide an additional 10 foot wide public utility easement
adjacent to such dedication for the relocation of franchised utilities."
Condition #20 requires the applicant to obtain a road approach permit from ODOT. The
City has no jurisdiction over ODOT's approval process although the City may be
allowed to comment. Condition #22 requires the applicant to dedicate additional right of
way along Highway 211, adjacent to the subject property only. This condition does not
require the applicant to dedicate property the applicant does not control. ODOT may
require such dedication since it has jurisdiction over the highway right of way.
The Planning Commission did not impose a condition of approval requiring the applicant
to dedicate property it did not own. ODOT may require such dedication, but this would
be determined in conjunction with the approval of an approach permit. The City is
requiring that the applicant obtain an approach permit which implies that if ODOT will
not issue an approach permit, the City will not allow construction of the project. This
ultimately means, that if ODOT were to require the applicant to dedicate right of way
that it does not control and the applicant were not able to obtain such right of way, then
ODOT would not approve an approach permit and the City would not allow construction
of the project. However, this scenario assumes that ODOT would not allow the
applicant to redesign the project or provide some other means to satisfy ODOT
requirements for an approach permit. ODOT may accept other alternatives for highway
improvements that do not require the applicant to dedicate property it does not control.
The conditions of approval do not prohibit such alternatives. Therefore, the appellant's
SPR 00-12 Appeal 2
Exhibit "A"
BURN
Incorporated 1889
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
SITE PLAN REVIEW 00-12
VARIANCE 01-04
PARTITION 01-01
FINAL ORDER
WHEREAS, a request was made by Pacific Realty Associates, L.P. for the Planning
Commission to hear a proposal for approval to construct a retail shopping center on a
10.36 acre site located at the southeast corner of the intersection of Highway 99E and
Highway 211. The site plan includes a 57,860 square foot grocery store, 12,000 square
foot retail building, 4,000 square foot bank, 2,120 square foot drive-thru restaurant, and
a service station. In conjunction with the site plan review application the applicant
requested approval of three variances all of which pertain to proposed signage on the site.
Also, the applicant requested approval of a partition application to allow three existing lots
to be consolidated into one parcel, and;
WHEREAS, the Planning Commission reviewed the matter at their regularly
scheduled meeting of March 22, 2001, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff, the applicant, and other interested persons to the proposal, and;
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to approve Site Plan Review 00-12,
Variance 01-04, and Partition 01-01 and instructed staff to prepare findings and
conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
The Planning Commission hereby approves Site Plan Review 00-12, Vadance 01-
04, and Partition 01-01 based on findings and conclusions contained in Exhibit "A',
and subject to conditions of approval contained in Exhibit "B", which are attached
hereto ~nd~y reference incorporated herein.
Approved:
ves Cox, Vice-Chairperson
Bat J ~
FINAL ORDER - Site Plan Review 00-12. Variance 01-04. and Partition 01-01
Community 13evelopment Depari~ent
270Montgomery Street · ~Y/oodburn, Oregon 97071
Ph.503-982-5246 ·/:ax 503-982-5244
IOA
arguments are without merit because the Planning Commission did not impose a
condition of approval requiring the applicant to dedicate property it did not own.
Attachments:
Exhibit A: Planning Commission Final Order, dated 4/12/01
Exhibit B: Planning Commission 3/22/01 Staff Report
Exhibit C: Planning Commission 3/22/01 Minutes
Exhibit D: Notice of Intent to Appeal, dated 4/23/01
Exhibit E: Applicant's Response to Appeal, dated 6/7/01
SPR 00-12 Appeal 3
IOA
I1.
III.
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
SITE PLAN REVIEW 00-12
VARIANCE 01-04
PARTITION 01-01
APPLICATION INFORMATION:
Applicant and Property Owner:
Pacific Realty Associates, L.P.
c/o Andrew Jones
15350 SW Sequoia Parkway, Suite 300
Portland, OR 97224
NATURE OF APPLICATION:
The applicant requests approval to construct a retail shopping center on a 10.36
acre site located at the southeast corner of the intersection of Highway 99E and
Highway 211. The site plan includes a 57,860 square foot grocery store, 12,000
square foot retail building, 4,000 square foot bank, 2,120 square foot drive-thru
restaurant, and a service station. In conjunction with the site plan review application
the applicant requests approval of three variances all of which pertain to proposed
signage on the site. Also, the applicant requests approval of a partition application
to allow three existing lots to be consolidated into one parcel.
RELEVANT FACTS:
The applicant proposes to construct a retail shopping center on a 9.89 acre net site
area (10.36 gross acres). The applicant proposes to dedicate 0.47 acres to the
Oregon Department of Transportation (ODOT) for additional highway right of way.
The shopping center is proposed to include a 57,860 square foot Safeway grocery
store with an associated 16-pump service station; a 12,000 square foot multiple
tenant retail building; a 2,120 square foot drive-thru restaurant; and a 4,000 square
foot bank. The applicant requests three variances from the Woodburn Sign
Ordinance to accommodate proposed signage in the shopping center. In addition,
the applicant proposes to consolidate the existing three lots into one parcel.
The subject site is an irregularly shaped parcel consisting of 10.36 gross acres
located at the southeast corner of the intersection of Highway 99E and Highway
211. The property is identified specifically on Marion County Tax Assessor's Maps
as T5S, RIW, Section 8DB, Tax Lots 100 and 200, and Section 8DA Tax Lot 500.
The subject property is zoned Commercial General (CG) and Commercial Retail
(CR) and has a Comprehensive Plan designation of Commercial. Property across
SPR 00-12, VAR 01-04, PAR 01-01 2
IOA
Highway 211 to the north is developed with commercial uses and a single-family
dwelling and zoned CG. Property across Highway 99E to the west is developed
with commercial uses and is zoned CR. Adjoining property to the south is
developed with a church and is zoned CR. Adjoining property to the east is
undeveloped and zoned Commercial Office (CO).
A wetland area located in the center of the site stretched from the north to the south
boundary of the site. This wetland has been identified on the City of Woodburn
Wetlands Inventory as a non-significant wetland, which means it may be filled.
However, it is a jurisdictional wetland which is subject to regulations of the Oregon
Division of State Lands (DSL) and the U.S. Army Corps of Engineers (ACE). In lieu
of filling the entire wetland, the applicant has obtained a wetland mitigation permit
from these agencies to fill some portions of the wetland and to enhance and expand
other portions. The applicant has included the wetland mitigation plan with this
application.
The subject site is relatively level and has recently been rough graded except for the
wetland area on the southerly portion of the site (rough grading is permitted by City
code without permit). A drive-in theatre occupied the site until it was recently
demolished (demolition approved by the City) during rough grading. Vegetation on
the site previously consisted of various grasses and weeds and many trees, located
mainly around the wetland on the southerly portion of the site. There were
numerous insignificant existing trees removed as a result of this grading, although
existing vegetation around the wetland area on the southerly portion of the site has
been preserved.
IV. RELEVANT APPROVAL CRITERIA:
Site Plan Review 00-12:
Ao
C.
D.
E.
Woodburn Zoning Ordinance:
1. Chapter 8 General Standards
2. Chapter 10 Off Street Parking, Loading & Driveway Standards
3. Chapter 11 Site Plan Review
4. Chapter 29 Commercial Retail District
5. Chapter 30 Commercial General District
Woodburn Landscaping Policies and Standards
Woodburn Access Management Ordinance
Woodburn Transportation Systems Plan
Woodburn Sign Ordinance
Variance 01-04:
Woodburn Sign Ordinance
Woodburn Zoning Ordinance: Chapter 13, Variance Procedures
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Partition 01-01:
Co
Woodburn Subdivision Standards
Woodburn Zoning Ordinance:
1. Chapter 29 Commercial Retail District
2. Chapter 30 Commercial General District
VVoodburn Access Management Ordinance
Woodburn Transportation Systems Plan
V. FINDINGS:
SITE PLAN REVIEW 00-12:
A. Woodburn Zoning Ordinance:
Chapter 8 General Standards
Section 8.040 Special Setback Distances
(a)(18) Market Road No. 57(Highway 211), U.S. Hwy. 99E
to East City Limits...50 feet
(a)(28) U.S. Hwy. 99E...70 feet
FINDING: The nearest building to Highway 211 will be set back 70
feet from the centerline of Highway 211 and the nearest building to
Highway 99E will be set back 73 feet from the centerline of Highway
99E. Both setbacks comply with the above requirements.
Section 8.190 Vision Clearance
FINDING: Vision clearance in excess of the requirements of this
section is provided at the street comer and at both proposed driveway
approaches.
2. Chapter 10 Off Street Parking, Loading and Driveway Standards:
Section 10.050 Off-Street Automobile Parking Requirements. Off-
Street automobile parking shall be provided in the amounts not
less than those listed below:
(w)
Retail Store:
(1) One space per 200 square feet of gross floor
area, plus one space per every two
employees.
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(x) Service or Repair Shop:
(1) One space per 500 square feet of gross floor
area, plus one space per every two
employees.
(y) Bank:
(1) One space per 500 square feet of gross floor
area plus one space per two employees.
(aa)
Eating or Drinking Establishments:
(1) One space per 200 square feet of gross floor
area.
FINDING: The Safeway grocer/store consists of 57,860 gross square
feet of which 8,540 square feet is storage area which generates no
parking requirement in that only employees will use this area
(employees are addressed under employee parking requirements).
This results in a net floor area of 49,320 square feet. The applicant
anticipates there will be 35 employees. Based on this information, a
total of 264 parking spaces is required for the Safeway store
(49,320/200=246.6 + 35 emp./2=17.5 = 264 spaces).
The applicant anticipates the 12,000 square foot retail building to
have 12 employees. This will result in a parking requirement of 66
spaces (12,000/200=60 + 12 emp./2=6 = 66 spaces). The applicant
anticipates that the 4,000 square foot bank building will have 14
employees. This will result in a parking requirement of 15 spaces
(4,000/500=8 + 14 emp./2=7 = 15 spaces). The 2,120 square foot
drive-thru restaurant will require 11 spaces (2,120/200=11 spaces).
The applicant anticipates that the service station (300 square foot
building) will have two employees. This will result in a parking
requirement of two parking spaces (300/500=.6 + 2 emp./2=l =2
spaces).
The total parking requirement for the entire shopping center is 358
parking spaces of which eight are required to be handicap spaces to
meet Americans with Disabilities Act (ADA) regulations. The site plan
provides 364 parking spaces of which 16 will be handicap spaces.
This results in a surplus of six parking spaces on the site. The
standard parking spaces and handicap spaces comply with the above
requirements and are evenly distributed throughout the site to
maximize accessibility to all buildings and uses.
Section 10.060 Off-Street Loading Requirements
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Off-Street loading spaces shall be provided in the amounts listed
below:
(b)
A minimum loading space size of 12 feet wide, 30
feet long, and 14 feet high when covered shall be
required as follows:
(1) For all buildings except residential and those
uses entirely for office use; Up to 2,000
square feet of gross floor area - one space.
(2) For each additional 40,000 square feet of floor
area or any portion thereof- one space.
FINDING: The buildings on the site total 76,280 square feet which
requires a total of three loading spaces. The site plan provides three
loading spaces meeting the above requirements, two behind the
Safeway store and one on the east side of the retail building.
Section t0.070 Parking and Loading Area Development
Requirements.
FINDING: The applicant's site plan meets all of the requirements with
respect to location, surfacing, and size of parking spaces. Driveways
will be improved in compliance with city requirements. Bumper
guards are not necessary in that all parking spaces are designed to
prevent vehicles from projecting onto adjacent property or right of
way.
Lighting is required to be deflected away from residential uses and
right of way. A condition of approval will be that all exterior lighting be
subject to city approval and shall be in compliance with this
requirement. A landscaped yard with a minimum depth of five feet is
required. Such a yard is provided as shown on the proposed
landscape plan.
Section 10.080 Driveway Standards
(d)
Commercial and Industrial driveway widths, number
and location shall be evaluated at the time of Site
Plan or Building Permit SUBMITTAL and reviewed
against existing City Engineering standards and
land use policies.
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However, no driveway shall be more than 26 feet
unless it is shared access with an adjoining
property, then it may be up to 34 feet wide.
Other allowed variations may be outlined below:
(1)
Two lane approach for entrance and exit
having a mix of car and truck traffic of 28
feet.
(2)
36 feet for a three lane approach having a left
turn lane.
(3)
Approach for Industrial truck traffic may be
up to 39 feet.
FINDING: The applicant's site plan shows two driveway approaches,
one on Highway 99E with a width of 34 feet and one on Highway 211
with a width of 39 feet. ^ significant number of large trucks will travel
on the site to access the Safeway store and service station. To
accommodate the turning movements of large trucks at the driveway
approaches a 39 foot driveway is necessary at the Highway 211
approach and a 34 foot wide driveway is necessary at the Highway
99E approach. ODOT has jurisdiction over the highway right of way
and must issue an approach road permit prior to any work in the
highway right of way. ODOT has submitted comments stating that the
proposed driveway locations are acceptable. The specific design
details of each driveway will be determined when the approach road
permit is reviewed by ODOT.
3. Chapter 11 Site Plan Review:
Section 11.070 Criteria for Evaluating a Site Plan
(a) The placement of structures on the property shall minimize
adverse impacts on adjacent uses.
FINDING: The primary potential impact of the proposed project on
surrounding uses is the loading area on the rear of the Safeway store
which may have negative aesthetic and noise impacts on an existing
residential neighborhood over 200 feet away. This impact will be
mitigated by a proposed storm water detention basin and buffer
landscaping to be located behind the Safeway store on the adjacent
CO zoned property. All other adjacent uses are not of a sensitive
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nature. The above cdtedon is met, in that the proposed buildings are
located so as to minimize adverse impacts on adjacent uses.
(b) Landscaping shall be used to minimize the impact on
adjacent uses; and
(c) Landscaping shall be so located as to maximize its aesthetic
value.
FINDING: The applicant's landscaping plan shows that landscape
coverage of the site will total approximately 35% where only 15% is
required. The landscaping plan indicates that landscaping will be
evenly distributed throughout the parking areas with substantial
landscape setbacks along both street frontages and buffer
landscaping along the interior site boundary lines. The landscaping
plan indicates that the site will be attractively landscaped with trees,
shrubs and groundcover. In addition, the wetland mitigation project
will provide an enlarged and enhanced wetland environment almost
one-half acre in size. This area will be an asset to the site and the
city in that it will be a protected natural area. The above criteria are
met.
(d) Access to the public streets shall minimize the impact of
traffic patterns. Whenever possible, direct access shall not be
allowed to arterial streets. Wherever possible, access shall be
shared with adjacent uses of a similar nature.
FINDING: The applicant has submitted a traffic impact analysis
prepared by Kittelson and Associates. City staff and ODOT have
reviewed this analysis. Since both site access points abut state
highways, ODOT has jurisdiction over the approval of access for the
proposed development. Access to the site will be provided by two
driveways, one on Highway 99E and the other on Highway 211. Both
driveways have been located as far as practicable from the
intersection of Highways 99E and 211 to minimize traffic impacts on
existing traffic patterns on the highways.
ODOT has reviewed the proposed access points and has submitted
comments to city staff. ODOT has agreed to allow both proposed
driveways in the proposed locations. ODOT will allow full turning
movements to and from the Highway 211 access, but will limit access
to the Highway 99E access to right in/right out turning movements
only. To enforce this restriction, ODOT will require the applicant to
install a raised median extending from the highway intersection
southerly to a point past the proposed access on 99E. City staff
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concur with these restrictions as reflected in comments submitted by
the Woodburn Public Works Program Manager, dated March 13,
2001.
ODOT will require additional highway improvements to mitigate traffic
impacts generated by the project. These improvements include:
Traffic signal modifications at intersection of Highways 99E and
211.
Installation of double left-turn lanes from northbound 99E to
westbound Highway 214.
Installation of raised median between northbound 99E left-turn
lanes and southbound traffic sufficient to protect left-turn
queue.
Installation of deceleration lane on northbound 99E to access
site.
Installation of full frontage improvements (curb, gutter,
sidewalk) on 99E and 211.
o
Installation of left-turn refuge for westbound traffic entering the
site on 211.
Installation of double left-turn lanes from westbound 211 to
southbound 99E.
Installation of deceleration lane on eastbound 211 to access
site.
o
Re-striping of 99E and 211 as necessary to accommodate
required improvements.
10.
Applicant responsible for dedication/acquisition of any
additional right of way necessary to develop improvements on
99E and 211.
Direct access to the highway is a necessity for the proposed shopping
center in that shared access with adjacent property is not feasible.
The property to the east is undeveloped and zoned Commercial
Office. Sharing access between a large shopping center and future
office uses is not compatible. The property to the south is developed
with a church and is zoned Commercial Retail. Sharing access with
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this site was investigated by the applicant and ODOT but was
determined to be not feasible because of the potential conflicts and
incompatibility between the church use and shopping center use and
that customers of the shopping center would be forced to take a
meandering route to get to the shopping center. The above criterion
is met.
(e) The design of the drainage facilities shall minimize the impact
on the city's or other public agencies drainage facilities.
FINDING: The applicant has installed a new storm drainage facility
extending from the subject site to an outfall point approximately one
mile to the east along Highway 211. Storm drainage will eventually
outfall to the Pudding River. In addition, the applicant proposes to
lease the southerly portion of the adjacent CO zoned property to
construct a 0.90 acre storm water detention facility. The detention
facility will allow storm water to be detained on-site and then slowly
released out to the storm drainage facility in Highway 211. The
installation of the above storm water drainage facilities will minimize
the impact on the city's and other public agencies drainage facilities.
This criterion is met.
(f) The design encourages energy conservation, both in its siting
on the lot, and its accommodation of pedestrian and bicycle
traffic.
FINDINGS: The site plan provides for full pedestrian access
(sidewalks and walkways) to all buildings from both highway frontages
and within the site between buildings. Bicycle racks are provided
adjacent to each building and bicycle lanes are required to be
installed along both highway frontages. The design of the site
encourages energy conservation to the extent feasible. This criterion
is met.
(g) The proposed site development, including the architecture,
landscaping and graphic design, is in conformity with the site
development requirements of this ordinance and with the
standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
FINDING: The applicant's proposal has complied with the standards
of the Zoning Ordinance and other ordinances as discussed in this
report. This criterion is met.
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(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed
development and appropriate to the character of the immediate
neighborhood.
FINDING: The proposed shopping center has been designed in a
comprehensive and consistent manner. All of the proposed buildings
and signs use similar architectural design elements, materials and
colors to ensure compatibility. Common materials found on all
buildings and freestanding signs include synthetic plaster and brick.
The design of the buildings provide a great deal of articulation and
visual interest to provide an aesthetically pleasing environment.
To ensure that wall signage remains compatible and consistent within
the shopping center, a uniform sign program shall be required as a
condition of approval. This condition of approval will require that all
signage in the center be consistent with the approved sign program
as approved by the Director of Community Development. The sign
program will incorporate any deviations from the Woodbum Sign
Ordinance approved with the variance application.
The location, design, colors and materials of proposed buildings and
signs will be appropriate to the character of the immediate
neighborhood in that the immediate neighborhood is a mix of
commercial, industrial, and church uses with a wide variety of
architectural styles, material types and colors used for buildings and
signage. This criterion is met.
4. Chapter 29 Commercial Retail District
Section 29.010 Permitted Uses.
FINDING: The portion of the subject site that is zoned CR is to be
developed with a multiple tenant retail building and a bank. The CR
District allows a wide variety of commercial uses including retail
establishments and banks.
Section 29.040 Height.
FINDING: All proposed buildings comply with the maximum height of
three stories or 45 feet.
Section 29.050 Side and Rear Yards.
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FINDING: A minimum five foot yard is provided along all side and rear
property lines as required.
Section 29.060 Front Yard.
FINDING: A minimum five foot landscaped yard is provided along
both highway frontages as required.
Section 29.065 Solar Access.
FINDING: A solar shadow plan submitted by the applicant indicates
that the proposal complies with this section.
Section 29.090 Site Plan Review Required.
FINDING: Site Plan Review is required for the proposed project.
Chapter 30 Commercial General District
Section 30.010 Permitted Uses.
FINDING: The portion of the subject site that is zoned CG is to be
developed with a grocery store, drive-thru restaurant and a service
station. The CR District allows a wide variety of commercial uses
including grocery stores and restaurants. Service stations are
permitted as an optional business in the CG District.
Section 30.030 Optional Businesses
FINDING: Service stations are permitted as an optional business
subject to the regulations of Section 29.030. The proposed service
station complies with all requirements for optional businesses.
Section 30.040 Height.
FINDING: All proposed buildings comply with the maximum height of
six stories or 70 feet.
Section 30.050 Side and Rear Yards.
FINDING: A minimum five foot yard is provided along all side and rear
property lines as required.
Section 30.060 Front Yard.
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FINDING: A minimum five foot landscaped yard is provided along
both highway frontages as required.
Section 30.065 Solar Access.
FINDING: A solar shadow plan submitted by the applicant indicates
that the proposal complies with this section.
Section 30.090 Site Plan Review Required.
FINDING: Site Plan Review is required for the proposed project.
Woodburn Landscaping Policies and Standards
Section VIII(B) Commercial Strip Zones: A landscaping plan for
development in the CG and CR zones shall meet the following
standards:
1. At least 15% of the total development area shall be
landscaped.
FINDING: The applicant's landscaping plan shows that
approximately 3.46 acres of the site will be landscaped. This
will cover approximately 35% of the entire site. This includes
the one acre wetland area to be retained.
a) Landscape strip adjacent to a street shall be at least 5
feet in width.
b) At least 10% of the interior parking area shall be
landscaped.
FINDING: The proposed landscape strip varies in width from
a minimum of five feet to over 40 feet along the highway
frontages. The landscaping plan indicates that over 10% of
the parking area is proposed to be landscaped.
Number of required trees shall be determined in the
following way:
a)
Frontage street landscaping:
Large trees - 2 per 100 feet
Medium trees - 3 per 100 feet
Small trees -4 per 100 feet
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b) Parking Lot landscaping:
I small tree for each 5 parking stalls
I medium tree for each 10 parking stalls
1 large tree for each 14 parking stalls
FINDING: The landscaping plan indicates that frontage street
trees are provided to exceed the above requirement. The plan
indicates that 17 large trees are provided along Highway 99E
where only 14 large trees would be required, and 13 large
trees are provided along Highway 211 where only 12 large
trees would be required.
The landscaping plan indicates that parking lot trees are
provided to exceed the above requirement. The plan indicates
that 20 large trees, 7 medium trees, and 49 small trees will be
provided in the parking lot. This combination of trees is
adequate to address 460 parking spaces where only 364
parking spaces are provided on the site plan.
C. Woodburn Access Management Ordinance
FINDING: Highways 99E and 211 are state highways and are
classified as Major Arterial streets in the Access Management
Ordinance (AMO). Pursuant to the AMO, ODOT has sole
responsibility for granting access to state highways. ODOT has
commented that the proposed access points are acceptable subject
to approval of an approach road permit.
The project complies with AMO policies pertaining to providing joint
access to driveways and cross access between sites. The applicant
is consolidating three existing lots into one parcel and providing
shared parking and access to the entire shopping center.
D. Woodburn Transportation System Plan
FINDING: Highways 99E and 211 are classified as Major Arterials in
the Woodburn Transportation System Plan (TSP). Highway 99E is
already improved to its ultimate width, but ODOT will require
additional right of way to be dedicated and improved to provide a
deceleration lane to access the project driveway on 99E. Highway
211 is not currently improved to its ultimate width. The TSP proposes
that this highway be widened to three or five lanes east of 99E,
pending the level of development along the roadway and the increase
in traffic volumes. ODOT has determined that only a three lane
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section is necessary to accommodate traffic generated by this
development. In conjunction with approval of an approach road
permit, the applicant will be required to dedicate/acquire and improve
sufficient right of way along the project frontage on Highway 211 to
comply with ODOT's comments.
Woodburn Sign Ordinance
Section 12 Signs Allowed For A Integrated Business Center
(A)
One free standing sign with a maximum area of 150 square
feet for the business center. The height of such sign is
limited to 35 feet.
(B)
The business center may have the same directional and
temporary signs as allowed in the applicable zoning
district. [commemial districts allow one directional sign at each
driveway with an area not exceeding 12 square feet]
(c)
One wall or roof sign is permitted for each individual
business fronting on a street or parking lot, which is
limited to a wall or roof sign with an area of the larger of
30 square feet or one square foot per foot of frontage on
a street or parking lot.
FINDING: The proposed shopping center is classified by the
Woodburn Sign Ordinance (WSO) as an "integrated business center".
The applicant proposes the following signage on the site:
Freestanding pylon sign at highway intersection. This sign will
be approximately 30 feet in height and have a sign copy area
of 147 square feet.
Freestanding directional sign at Highway 99E driveway
entrance. This sign will be three feet in height and have a sign
copy area of no more than 12 square feet.
Freestanding directional sign at Highway 211 driveway
entrance. This sign will be 20 feet in height and have a sign
copy area of 52 square feet.
Safeway Store: five wall signs consisting of two signs
("Safeway" and "S" logo) on north elevation and three signs
("Safeway Food & Drug" and two "S" Iogos) on west elevation.
Total sign copy area on north elevation will be 131 square feet
and on west elevation 258 square feet.
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Buildings 2, 3, 4, and 5: two wall signs for each tenant, one to
face the highway and one to face the interior parking lot. Sign
copy area will not exceed WSO maximum.
The proposed freestanding pylon sign at the highway intersection
complies with the WSO. The proposed directional sign at the Highway
99E driveway entrance complies with the VVSO.
The proposed directional sign at the Highway 211 driveway entrance
exceeds the maximum 12 square feet of sign area allowed for a
directional sign. No maximum height limitation is specified in the
WSO for directional signs so the proposed sign is considered to
comply with the WSO. The applicant has applied for a variance to
allow this directional sign to exceed the maximum area to allow gas
price signage for the service station.
The Safeway store wall signs exceed the maximum number of
allowed signs. Only one wall sign is allowed per business. The
applicant has applied for a variance to allow all five wall signs. If the
variance is granted, the total area of signs on each building frontage
would comply with the WSO in that 195 square feet of signage is
allowed on the north elevation and 289 square feet is allowed on the
west elevation.
Proposed wall signs on Buildings 2, 3, 4, and 5 exceed the maximum
number of allowed signs. Again, only one wall sign is allowed per
business. The applicant has applied for a variance to allow two wall
signs for each business which will permit one wall sign to face the
highway and the other to face the interior parking lot.
VARIANCE 01-04:
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Woodburn Sign Ordinance
FINDING: The applicant requests approval of three variances to the WSO
as discussed in Section E above. These variances are as follows:
Allow 52 square foot directional sign at the Highway 211 driveway
entrance to exceed the maximum 12 square feet of sign area allowed
for a directional sign.
Allow five wall signs for Safeway store to exceed the maximum one
wall sign per business.
Allow Buildings 2, 3, 4, and 5 two wall signs per business which
exceeds the maximum of one wall sign per business.
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Approval of variances to the WSO are processed in accordance with the
variance procedures set forth in the Woodburn Zoning Ordinance.
B. Woodburn Zoning Ordinance - Chapter 13, Variance Procedures
Section 13.020 Conditions for Granting a Variance. The Planning
Commission may permit and authorize a Variance when it appears for
the application, or the facts presented at the public hearing, or by
investigation:
(a) That there are unnecessary, unreasonable hardships or practical
difficulties which can be relieved only by modifying the literal
requirements of the Ordinance.
FINDING: The applicant provides the following response: "The
unreasonable hardships are practicable difficulties in the application are two-
fold. First, two freestanding signs are necessary for the center;, one for the
service station and one for the center businesses. No service station
operates without a highly visible sign. The second unreasonable hardship
or practicable difficulty is that each business in buildings 2, 3, and 4 requires
a sign on the street and parking lot frontage. Without a sign on each side of
each business, the public is not apprised to the location of the business.
The sign ordinance limits wall signs in an integrated business center. Were
this property developed not as an integrated business center, the sign
ordinance would allow two wall signs for each business. Further, the sign
ordinance would allow one projecting or freestanding sign per business. In
other words, the applicant would be able, by not developing this center as an
integrated business center, to have far more signs than allow under the
Code. This is an unreasonable hardship or practicable difficulty that can be
relieved only by modifying the literal requirements of the ordinance. The
Planning Commission should find that where a business is adversely
affected by location in an integrated business center in terms of signage, a
vadance is justified.'
The Planning Commission concurs with the applicant's response in that it is
reasonable for the applicant and the public to expect to have signage of
sufficient size to identify the brand and price of fuel. Due to the size of the
shopping center, an unreasonable hardship is created for each business, in
that customers would find it difficult to locate a business once they are within
the center, if identification were not provided along the highway frontage and
interior of the parking lot. It is reasonable for the applicant to expect to have
wall signage on the Safeway store comparable to Safeway corporate
standards, especially when the overall signage will not exceed the maximum
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area allowed by the WSO for each building frontage.
(b) That there are exceptional or extraordinary circumstances or
conditions applying to the land, buildings, or use referred to in the
application, which circumstances or conditions do not apply generally
to land, buildings, or uses in the same District...
FINDING: The applicant provides the following response, "The exceptional
and extraordinary circumstances is one applying to the use referred to in the
application. The proposed use is an integrated business center. In general,
the circumstances or conditions applying to an integrated business center do
not apply generally to land, buildings or uses in the same district. In other
words, uses in the CG and CR zoning distdct could be developed outside of
an integrated business center and not be subject to the limitations because
of that provision.'
The Planning Commission concurs with the applicant's response in that the
large size and layout of the shopping center as an integrated business center
with a large parking lot between the Safeway store and buildings fronting on
the highways is an extraordinary circumstance that does not generally apply
to buildings and uses in the CG and CR Districts.
(c) That granting the application will not be materially detrimental to the
public welfare or be injurious to property or improvements in the
neighborhood of the premises.
FINDING: The applicant provides the following response, "Granting the
variances will not be materially detrimental to the public welfare. The public
welfare is furthered by allowing weft placed signage to inform the public
habilitation of businesses. Neither will the variance be injurious to property
or improvements in the neighborhood. The additional wall signs for each
business face into the parking lot, not to adjacent properties. The adjacent
wall signs allowed for the Safeway building are consistent with the
construction of all Safeway stores. Finally, the additional freestanding sign
allowed for the Safeway gas station provides notice to the public of the
location and price of gasoline."
The Planning Commission concurs with the applicant's response.
(d) That such Variance is necessary for the preservation and enjoyment
of the substantial property right of the petitioner.
FINDING: The applicant provides the following response, "A substantial
property right of the petitioners to have the same signage is allowed for other
SPR 00-12, VAR 01-04, PAR 01-01 Page 18
developments. Were this property not developed in an integrated business
center, the applicant would not need a variance. This is a substantial
property right.'
The Planning Commission concurs with the applicant's response. However,
it should be noted that if this development were not a shopping center, a
variance would still be necessary for five Safeway store wall signs.
(e) That the granting of the application will not, under the
circumstances of the particular case, adversely affect the health or
safety of persons working or residing in the neighborhood of the
property of the applicant.
FINDING: The applicant provides the following response, "The variances will
not adversely affect the health and safety of persons working or residing in
the neighborhood."
The Planning Commission concurs with the applicant's response in that all
proposed signs would be installed in accordance with state building codes.
(f) That the granting of the application will be in general harmony with
the intent and purpose of this ordinance and will not adversely affect
any officially adopted Comprehensive Plan.
FINDING: The applicant provides the following response, "The intent and
purposes of the zoning ordinance is to regulate uses within the city of
Woodbum and, pursuant to applicable variance criteria, grant variances
when necessary to ameliorate inequities. In this case, the unusual result of
the integrated business center is to limit unnecessarily the amount and kind
of signage in a way that detrimental not only to the public but to the property
owner. There will be no adverse affect on any portion of the comprehensive
plan."
The Planning Commission concurs with the applicant's response. In
addition, the Zoning Ordinance and Comprehensive Plan do not provide any
goals, policies or specific regulations pertaining to signage on the subject
site.
PARTITION 01-01:
A. Woodburn Subdivision Standards
1. Woodburn Subdivision Standards, Chapter III, Section 6(2):
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No tentative plan for a proposed subdivision and no tentative
plan for a proposed partition and replat shall be approved
unless:
(1) The streets and roads are laid out so as to conform to the
plans of subdivisions and partitions already approved for
adjoining property as to width, general direction and in all other
respects unless the City or County determines it is in the public
interest to modify the street or road pattern.
FINDING: The proposed lot consolidation will not create any streets.
(2) Streets and roads held for private use are clearly indicated
on the tentative plan and all reservations or restriction relating
to such private roads and streets are set forth thereon.
FINDING: The consolidation of lots will eliminate the need for
reciprocal access and parking easements. No private streets will be
created.
(3) The tentative plan complies with the applicable zoning
ordinances and regulations and the ordinances or regulations
adopted under ORS 92.044 that are then in effect for the City.
FINDING: As discussed in these findings, the tentative plan complies
with applicable zoning, subdivision, and access management
ordinances of the City and with applicable regulations adopted under
ORS 92.044.
2. Woodburn Subdivision Standards, Chapter III, Section 8:
FINDING: The tentative plan is in compliance with subdivision
standards.
Woodburn Zoning Ordinance:
Chapter 29 Commercial Retail District
FINDING: The CR District has no lot area or dimensional
requirements.
2. Chapter 30 Commercial General District
FINDING: The CG District has no lot area or dimensional
SPR 00-12, VAR 01-04, PAR 01-01 Page 20
VI.
requirements.
C. Woodburn Access Management Ordinance
FINDING: Access to the site complies with AMO requirements as discussed
in this report.
D. Woodburn Transportation Systems Plan
FINDING: The proposed lot consolidation complies with policies of the TSP.
CONCLUSION:
Based on the findings of fact contained herein, all relevant approval criteria relating
to Site Plan Review 00-12, Variance 01-04, and Partition 01-01 are met.
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SPR 00-12, VAR 01-04, PAR 01-01 Page 21
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EXHIBIT "B"
CONDITIONS OF APPROVAL
SITE PLAN REVIEW 00-12
VARIANCE 01-04
PARTITION 01-01
Community Development Department Conditions:
Site Plan Review 00-12:
The proposed development shall be in substantial conformance with the
approved development plan as shown on sheets DR1, DR2, DR2.1, DR5
DR5.1, DR6, DR6.1, P1, all dated 2-23-01; DR7, DR7.1, DR7.2, DR7.3, all
dated 3-7-01; and Color Material Schedule, dated 5-11-00, except as
otherwise amended by these conditions.
Final landscaping and irrigation plans shall be submitted to the Community
Development Department for approval prior to issuance of building permits.
Said plans shall indicate the names (botanical and common), sizes and
locations of all plants and shall be prepared in compliance with all
requirements of the Woodburn Landscaping Policies and Standards.
All landscaping shall be maintained year round. Plantings shall be watered
regularly and in a manner appropriate for the specific plant species through
the first growing season, and dead and dying plants shall be replaced by the
applicant during the next planting season. No buildings, structures, storage
of material, or parking shall be permitted within the required landscape and
buffer areas. All landscape and buffer areas shall be maintained and kept
free of all debris, weeds and tall grass.
A uniform sign program shall be approved by the Director of Community
Development prior to installation of any signs. Said program shall ensure
that all signage is compatible with the architecture of the center. The sign
program shall incorporate any deviations from the VVoodburn Sign Ordinance
approved with the variance application.
A lighting plan shall be submitted to the Community Development
Department prior to issuance of building permits. Said plan shall indicate
intensity of site illumination and shall ensure that light impacts on adjacent
uses are minimized. The applicant shall comply with parking lot lighting and
area and building lighting as specified by the Woodburn Police Department.
SPR 00-12, VAR 01-04, PAR 01-01 Page 22
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o
Curbing, striping, sprinkler system, and lighting shall be kept in good
condition. Any damage shall be repaired in a timely manner.
Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit
one set of reproducible as-builts.
o
Any conditions attached to the approval of the site plan shall be conditions
on the issuance of a building permit. A violation of the conditions shall be
considered a violation of the zoning ordinance.
Property owner shall submit to the Community Development Department a
signed "Acceptance of Conditions" agreeing to all conditions of approval prior
to issuance of building permits. The signed document must be received by
the Community Development Department before the project approval shall
become effective.
Variance 01-04:
10.
This variance allows the following deviations from the Woodburn Sign
Ordinance: 1) A 52 square foot directional sign at the Highway 211 driveway
entrance for the proposed service station; 2) Five wall signs for Safeway
store, two on north elevation and three on west elevation; 3) Two wall signs
per business for Buildings 2, 3, 4, and 5.
Partition 01-01:
11.
Prior to issuance of a certificate of occupancy for any building, the lot
consolidation shall be recorded with Marion County and two (2) copies of the
recorded document provided to the Woodburn Community Development
Department.
Public Works Department Conditions:
12.
Final plans shall conform to the construction plan review procedures and
standards. The plan shall be submitted to the city for review and shall be
approved prior to any building permits being issued.
13.
On site existing water wells and subsurface sewage disposal systems shall
be abandoned in accordance with State Regulations
14.
All work within the State Highway right of way shall require approval and
permit from the Oregon Department of Transportation (ODOT).
SPR 00-12, VAR 01-04, PAR 01-01 Page 23
10A
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
The applicant, not the city is responsible for obtaining permits from any state,
federal or regulatory agencies which may require approval and/or permit.
All city maintained facilities located on private property shall require a
minimum 16 foot wide utility easement be conveyed to the city
Erosion control 1200c permit will be required.
All work shall conform to the City of Woodburn Standards and all State
Building Codes.
All parking and driving surfaces shall be improved with a hard surface of
either asphaltic concrete or Portland cement concrete.
Access and improvement requirements on Highway 99E and Highway 211
is controlled and conditioned by the Oregon Department of Transportation
(ODOT). Applicant shall obtain road approach permit from ODOT.
Driveway approaches shall be constructed of concrete and shall comply with
the City of Woodburn commercial standards.
Dedicate a minimum of 7 additional feet right of way along HWY 211,
adjacent to the subject property. However the actual dedication shall include
all of that property needed to construct the improvements on both HWY 211
and HWY 99E as required by ODOT. Provide an additional 10 foot wide
public utility easement adjacent to such dedication for the relocation of
franchised utilities.
The City of Woodburn has no adjacent storm system to serve this property.
The existing drainage facilities on HWY 99E and Hwy 211 are controlled by
ODOT. The applicant proposes to install a storm sewer system from the
subject site to the tributary referred to as Deadman's Gulch. This shall be
approved and permitted by ODOT and any other regulatory agency which
may require approval or permit to discharge into the tributary. The
conveyance system shall be sized and installed in accordance the subject
site and ODOT requirements.
On-site detention shall be required in accordance with city standards and
policy. The applicant is proposing an offsite detention system, documentation
of proper easements, agreements and or property conveyances shall be
provided prior to building permits being issued.
On-site catch basins shall be pollution control type.
SPR 00-12, VAR 01-04, PAR 01-01 Page 24
26.
27.
28.
29.
30.
31.
32.
33.
34.
Wet lands exist on the property, the applicant is proposing to utilize the area
for water quality, discharging runoff from the roof area, permits from the
proper regulatory agency shall be obtained.
The existing drainage from surrounding properties shall not be blocked or
impounded by this development.
Sanitary sewer service can be provided by the existing sanitary main on the
west side of 99E, this will require the applicant to bore under HVVY 99E. The
sanitary sewer serving the retail center will be a private system, not a city
maintained system.
The existing sanitary sewer main on HVVY 211 could also be utilized for
service as the applicant shows on the site plan. This however may take
further rehabilitation prior to being put into service. This is an abandoned
force main being converted to a gravity sewer. The city has done some
rehabilitation, but further rehabilitation may be required. This shall be the
responsibility of the applicant.
Comply with wastewater requirements in regard to oil/water separator for the
fueling station and/or any grease trap requirements for any food service
facility. Contact Larry Arendt, City of Woodbum Industrial Waste Coordinator,
503.982.5283.
The existing 12 "diameter main stubbed to the property shall be extended
to the Northeast corner of the project. An 8" diameter main shall be
extended from the existing 12" diameter main to Southwest corner of the
property. The interior line shall be looped and sized according to the fire flow
requirement and hydrant locations.
In addition to the above, the water system shall be connected, looped to
either the existing 12" diameter water main located on the South side of
Highway 211 near June Way with a 12" diameter main or the existing 8"
diameter water main on the East side of 99E near the South line of the
Jehovah's Witness Assembly Hall property with an 8" diameter main.
A double check backflow assembly prevention device shall be required on
the domestic line for all three buildings. A double check assembly will be
required on the landscape irrigation system. A double check detector
assembly will be required on the fire sprinkler system if so installed. The
assemblies shall be installed next to the water meters next to property line
or within an easement next to water main providing the service. Contact
Larry Arendt, City of Woodburn Cross Connection Inspector, 503.982.5283.
Provide 16 foot wide easement to city for city maintained water main located
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SPR 00-12, VAR 01-04, PAR 01-01 Page 25
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on private property.
35. Fire protection requirements and hydrant locations shall comply with
Woodburn Fire District standards.
Other Conditions:
36.
An onsite water supply system shall be available, operational and acceptable
to the city prior to the construction of combustible buildings. Access during
construction shall support the weight of Fire Apparatus and allow access to
the facility.
37. All required building permits shall be obtained prior to start of work.
38.
Prior to the issuance of a building permit, the applicant shall submit evidence
to the City Public Works Director indicating that plans for modifications to the
traffic signal at the intersection of OR 99E and OR 214/OITM, 211 have been
approved by the State Traffic Engineer.
39.
Prior to the issuance of a certificate of occupancy for any use on the site, the
city shall receive certification from ODOT that modifications to the signal at
the intersection of OR 99E and OR 214/OR 211 contained in the approved
signal plans have been installed and are functioning.
40.
Prior to the issuance of a building permit, the applicant shall submit evidence
to the City Public Works Director indicating that the applicant has obtained
an approach road permit for access to, and work within, the right of way of
the state highways adjacent to the site.
41.
Prior to the issuance of a certificate of occupancy for any use on the site, the
City shall receive certification from ODOT that all improvements identified in
the approach permit have been installed in conformance with said permit.
SPR 00-12, VAR 01-04, PAR 01-01 Page 26
Exhibit "B" ]OA,
STAFF REPORT
March 22, 2001
SITE PLAN REVIEW 00-12
VARIANCE 01-04
PARTITION 01-01
II.
III.
APPLICATION INFORMATION:
Applicant and Property Owner:
Pacific Realty Associates, L.P.
cio Andrew Jones
15350 SW Sequoia Parkway, Suite 300
Portland, OR 97224
Application Deemed Complete: August 11, 2000
120 Day Rule Deadline: Extended to May 15, 2001
Staff Report Available for Public Review: March 15, 2001
NATURE OF APPLICATION:
The applicant requests approval to construct a retail shopping center on a 10.36
acre site located at the southeast corner of the intersection of Highway 99E and
Highway 211. The site plan includes a 57,860 square foot grocery store, 12,000
square foot retail building, 4,000 square foot bank, 2,120 square foot drive-thru
restaurant, and a service station. In conjunction with the site plan review application
the applicant requests approval of three variances all of which pertain to proposed
signage on the site. Also, the applicant requests approval of a partition application
to allow three existing lots to be consolidated into one parcel.
RELEVANT FACTS:
The applicant proposes to construct a retail shopping center on a 9.89 acre net site
area (10.36 gross acres). The applicant proposes to dedicate 0.47 acres to the
Oregon Department of Transportation (ODOT) for additional highway right of way.
The shopping center is proposed to include a 57,860 square foot Safeway grocery
store with an associated 16-pump service station; a 12,000 square foot multiple
tenant retail building; a 2,120 square foot drive-thru restaurant; and a 4,000 square
foot bank. The applicant requests three variances from the Woodburn Sign
Ordinance to accommodate proposed signage in the shopping center. In addition,
the applicant proposes to consolidate the existing three lots into one parcel.
The subject site is an irregularly shaped parcel consisting of 10.36 gross acres
located at the southeast corner of the intersection of Highway 99E and Highway
SPR 00-12, VAR 01-04, PAR 01-01 1
IOA
211. The property is identified specifically on Marion County Tax Assessor's Maps
as T5S, RlW, Section 8DB, Tax Lots 100 and 200, and Section 8DA Tax Lot 500.
The subject property is zoned Commercial General (CG) and Commercial Retail
(CR) and has a Comprehensive Plan designation of Commercial. Property across
Highway 211 to the north is developed with commercial uses and a single-family
dwelling and zoned CG. Property across Highway 99E to the west is developed
with commercial uses and is zoned CR. Adjoining property to the south is
developed with a church and is zoned CR. Adjoining property to the east is
undeveloped and zoned Commercial Office (CO).
A wetland area located in the center of the site stretched from the north to the south
boundary of the site. This wetland has been identified on the City of Woodburn
Vvetlands Inventory as a non-significant wetland, which means it may be filled.
However, it is a jurisdictional wetland which is subject to regulations of the Oregon
Division of State Lands (DSL) and the U.S. Army Corps of Engineers (ACE). In lieu
of filling the entire wetland, the applicant has obtained a wetland mitigation permit
from these agencies to fill some portions of the wetland and to enhance and expand
other portions. The applicant has included the wetland mitigation plan with this
application.
The subject site is relatively level and has recently been rough graded except for the
wetland area on the southerly portion of the site (rough grading is permitted by City
code without permit). A drive-in theatre occupied the site until it was recently
demolished (demolition approved by the City) during rough grading. Vegetation on
the site previously consisted of various grasses and weeds and many trees, located
mainly around the wetland on the southerly portion of the site. There were
numerous insignificant existing trees removed as a result of this grading, although
existing vegetation around the wetland area on the southerly portion of the site has
been preserved.
IV. RELEVANT APPROVAL CRITERIA:
Site Plan Review 00-12:
Bo
C.
D.
E.
Woodburn Zoning Ordinance:
1. Chapter 8 General Standards
2. Chapter 10 Off Street Parking, Loading & Driveway Standards
3. Chapter 11 Site Plan Review
4. Chapter 29 Commercial Retail District
5. Chapter 30 Commercial General District
Woodburn Landscaping Policies and Standards
VVoodburn Access Management Ordinance
VVoodburn Transportation Systems Plan
VVoodburn Sign Ordinance
SPR 00-12, VAR 01-04, PAR 01-01 Page 2
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Variance 01-04:
Ao
Woodburn Sign Ordinance
VVoodburn Zoning Ordinance: Chapter 13, Variance Procedures
Partition 01-01:
Ao
Co
VVoodburn Subdivision Standards
Woodburn Zoning Ordinance:
1. Chapter 29 Commercial Retail District
2. Chapter 30 Commercial General District
Woodburn Access Management Ordinance
Woodburn Transportation Systems Plan
ANALYSIS:
SITE PLAN REVIEW 00-12:
A. Woodburn Zoning Ordinance:
1. Chapter 8 General Standards
Section 8.040 Special Setback Distances
(a)(18) Market Road No. 57(Highway 211), U.S. Hwy. 99E
to East City Limits...50 feet
(a)(28) U.S. Hwy. 99E...70 feet
STAFF COMMENT: The nearest building to Highway 211 will be set
back 70 feet from the centerline of Highway 211 and the nearest
building to Highway 99E will be set back 73 feet from the centerline
of Highway 99E. Both setbacks comply with the above requirements.
Section 8.190 Vision Clearance
STAFF COMMENT: Vision clearance in excess of the requirements
of this section is provided at the street corner and at both proposed
driveway approaches.
2. Chapter t0 Off Street Parking, Loading and Driveway Standards:
Section 10.050 Off. Street Automobile Parking Requirements. Off-
Street automobile parking shall be provided in the amounts not
less than those listed below:
SPR 00-12, VAR 01-04, PAR 01-01 Page 3
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(w)
(x)
(Y)
(aa)
Retail Store:
(1) One space per 200 square feet of gross floor
area, plus one space per every two
employees.
Service or Repair Shop:
(1) One space per 500 square feet of gross floor
area, plus one space per every two
employees.
Bank:
(1)
One space per $00 square feet of gross floor
area plus one space per two employees.
Eating or Drinking Establishments:
(1) One space per 200 square feet of gross floor
area.
STAFF COMMENT: The Safeway grocery store consists of 57,860
gross square feet of which 8,540 square feet is storage area which
generates no parking requirement in that only employees will use this
area (employees are addressed under employee parking
requirements). This results in a net floor area of 49,320 square feet.
The applicant anticipates there will be 35 employees. Based on this
information, a total of 264 parking spaces is required for the Safeway
store (49,320/200=246.6 + 35 emp./2=17.5 = 264 spaces).
The applicant anticipates the 12,000 square foot retail building to
have 12 employees. This will result in a parking requirement of 66
spaces (12,000/200=60 + 12 emp./2=6 = 66 spaces). The applicant
anticipates that the 4,000 square foot bank building will have 14
employees. This will result in a parking requirement of 15 spaces
(4,000/500=8 + 14 emp./2=7 = 15 spaces). The 2,120 square foot
drive-thru restaurant will require 11 spaces (2,120/200=11 spaces).
The applicant anticipates that the service station (300 square foot
building) will have two employees. This will result in a parking
requirement of two parking spaces (300/500=.6 + 2 emp./2=l =2
spaces).
The total parking requirement for the entire shopping center is 358
parking spaces of which eight are required to be handicap spaces to
meet Americans with Disabilities Act (ADA) regulations. The site plan
provides 364 parking spaces of which 16 will be handicap spaces.
This results in a surplus of six parking spaces on the site. The
standard parking spaces and handicap spaces comply with the above
SPR 00-12, VAR 01-04, PAR 01-01 Page 4
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requirements and are evenly distributed throughout the site to
maximize accessibility to all buildings and uses.
Section 10.060 Off-Street Loading Requirements
Off-Street loading spaces shall be provided in the amounts listed
below:
{b)
A minimum loading space size of 12 feet wide, 30
feet long, and 14 feet high when covered shall be
required as follows:
(1) For all buildings except residential and those
uses entirely for office use; Up to 2,000
square feet of gross floor area - one space.
(2) For each additional 40,000 square feet of floor
area or any portion thereof - one space.
STAFF COMMENT: The buildings on the site total 76,280 square feet
which requires a total of three loading spaces. The site plan provides
three loading spaces meeting the above requirements, two behind the
Safeway store and one on the east side of the retail building.
Section 10.070 Parking and Loading Area Development
Requirements.
STAFF COMMENT: The applicant's site plan meets all of the
requirements with respect to location, surfacing, and size of parking
spaces. Driveways will be improved in compliance with city
requirements. Bumper guards are not necessary in that all parking
spaces are designed to prevent vehicles from projecting onto adjacent
property or right of way.
Lighting is required to be deflected away from residential uses and
right of way. A condition of approval will be that all extedor lighting be
subject to city approval and shall be in compliance with this
requirement. A landscaped yard with a minimum depth of five feet is
required. Such a yard is provided as shown on the proposed
landscape plan.
Section 10.080 Driveway Standards
(d)
Commercial and Industrial driveway widths, number
and location shall be evaluated at the time of Site
Plan or Building Permit SUBMITTAL and reviewed
SPR 00-12, VAR 01-04, PAR 01-01 Page 5
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against existing City Engineering standards and
land use policies.
However, no driveway shall be more than 26 feet
unless it is shared access with an adjoining
property, then it may be up to 34 feet wide.
Other allowed variations may be outlined below:
Two lane approach for entrance and exit
having a mix of car and truck traffic of 28
feet.
(2)
36 feet for a three lane approach having a left
turn lane.
(3)
Approach for Industrial truck traffic may be
up to 39 feet.
STAFF COMMENT: The applicant's site plan shows two driveway
approaches, one on Highway 99E with a width of 34 feet and one on
Highway 211 with a width of 39 feet. A significant number of large
trucks will travel on the site to access the Safeway store and service
station. To accommodate the turning movements of large trucks at
the driveway approaches a 39 foot driveway is necessary at the
Highway 211 approach and a 34 foot wide driveway is necessary at
the Highway 99E approach. ODOT has jurisdiction over the highway
right of way and must issue an approach road permit prior to any work
in the highway right of way. ODOT has submitted comments stating
that the proposed driveway locations are acceptable. The specific
design details of each driveway will be determined when the approach
road permit is reviewed by ODOT.
3. Chapter 11 Site Plan Review:
Section 11.070 Criteria for Evaluating a Site Plan
(a) The placement of structures on the property shall minimize
adverse impacts on adjacent uses.
STAFF COMMENT: The primary potential impact of the proposed
project on surrounding uses is the loading area on the rear of the
Safeway store which may have negative aesthetic and noise impacts
on an existing residential neighborhood over 200 feet away. This
SPR 00-12, VAR 01-04, PAR 01-01 Page 6
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impact will be mitigated by a proposed storm water detention basin
and buffer landscaping to be located behind the Safeway store on the
adjacent CO zoned property. All other adjacent uses are not of a
sensitive nature. The above criterion is met, in that the proposed
buildings are located so as to minimize adverse impacts on adjacent
uses.
(b) Landscaping shall be used to minimize the impact on
adjacent uses; and
(c) Landscaping shall be so located as to maximize its aesthetic
value.
STAFF COMMENT: The applicant's landscaping plan shows that
landscape coverage of the site will total approximately 35% where
only 15% is required. The landscaping plan indicates that
landscaping will be evenly distributed throughout the parking areas
with substantial landscape setbacks along both street frontages and
buffer landscaping along the interior site boundary lines. The
landscaping plan indicates that the site will be attractively landscaped
with trees, shrubs and groundcover. In addition, the wetland
mitigation project will provide an enlarged and enhanced wetland
environment almost one-half acre in size. This area will be an asset
to the site and the city in that it will be a protected natural area. The
above criteria are met.
(d) Access to the public streets shall minimize the impact of
traffic patterns. Whenever possible, direct access shall not be
allowed to arterial streets. Wherever possible, access shall be
shared with adjacent uses of a similar nature.
STAFF COMMENT: The applicant has submitted a traffic impact
analysis prepared by Kittelson and Associates. City staff and ODOT
have reviewed this analysis. Since both site access points abut state
highways, ODOT has jurisdiction over the approval of access for the
proposed development. Access to the site will be provided by two
driveways, one on Highway 99E and the other on Highway 211. Both
driveways have been located as far as practicable from the
intersection of Highways 99E and 211 to minimize traffic impacts on
existing traffic patterns on the highways.
ODOT has reviewed the proposed access points and has submitted
comments to city staff. ODOT has agreed to allow both proposed
driveways in the proposed locations. ODOT will allow full turning
movements to and from the Highway 211 access, but will limit access
SPR 00-12, VAR 01-04, PAR 01-01 Page 7
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to the Highway 99E access to dght in/dght out turning movements
only. To enforce this restriction, ODOT will require the applicant to
install a raised median extending from the highway intersection
southerly to a point past the proposed access on 99E. City staff
concur with these restrictions as reflected in comments submitted by
the Woodburn Public Works Program Manager, dated March 13,
2001.
ODOT will require additional highway improvements to mitigate traffic
impacts generated by the project. These improvements include:
Traffic signal modifications at intersection of Highways 99E and
211.
Installation of double left-turn lanes from northbound 99E to
westbound Highway 214.
=
Installation of raised median between northbound 99E left-turn
lanes and southbound traffic sufficient to protect left-turn
queue.
Installation of deceleration lane on northbound 99E to access
site.
o
Installation of full frontage improvements (curb, gutter,
sidewalk) on 99E and 211.
°
Installation of left-turn refuge for westbound traffic entering the
site on 211.
Installation of double left-turn lanes from westbound 211 to
southbound 99E.
Installation of deceleration lane on eastbound 211 to access
site.
Re-striping of 99E and 211 as necessary to accommodate
required improvements.
10.
Applicant responsible for dedication/acquisition of any
additional right of way necessary to develop improvements on
99E and 211.
Direct access to the highway is a necessity for the proposed shopping
center in that shared access with adjacent property is not feasible.
SPR 00-12, VAR 01-04, PAR 01-01 Page 8
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The property to the east is undeveloped and zoned Commercial
Office. Sharing access between a large shopping center and future
office uses is not compatible. The property to the south is developed
with a church and is zoned Commercial Retail. Sharing access with
this site was investigated by the applicant and ODOT but was
determined to be not feasible because of the potential conflicts and
incompatibility between the church use and shopping center use and
that customers of the shopping center would be forced to take a
meandering route to get to the shopping center.
The above criterion is met.
(e) The design of the drainage facilities shall minimize the impact
on the city's or other public agencies drainage facilities.
STAFF COMMENT: The applicant has installed a new storm drainage
facility extending from the subject site to an outfall point approximately
one mile to the east along Highway 211. Storm drainage will
eventually outfall to the Pudding River. In addition, the applicant
proposes to lease the southerly portion of the adjacent CO zoned
property to construct a 0.90 acre storm water detention facility. The
detention facility will allow storm water to be detained on-site and then
slowly released out to the storm drainage facility in Highway 211. The
installation of the above storm water drainage facilities will minimize
the impact on the city's and other public agencies drainage facilities.
This criterion is met.
(f) The design encourages energy conservation, both in its siting
on the lot, and its accommodation of pedestrian and bicycle
traffic.
STAFF COMMENTS: The site plan provides for full pedestrian access
(sidewalks and walkways) to all buildings from both highway frontages
and within the site between buildings. Bicycle racks are provided
adjacent to each building and bicycle lanes are required to be
installed along both highway frontages. The design of the site
encourages energy conservation to the extent feasible. This criterion
is met.
(g) The proposed site development, including the architecture,
landscaping and graphic design, is in conformity with the site
development requirements of this ordinance and with the
standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
SPR 00-12, VAR 01-04, PAR 01-01 Page 9
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STAFF COMMENT: The applicant's proposal has complied with the
standards of the Zoning Ordinance and other ordinances as
discussed in this report. This criterion is met.
(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed
development and appropriate to the character of the immediate
neighborhood.
STAFF COMMENT: The proposed shopping center has been
designed in a comprehensive and consistent manner. All of the
proposed buildings and signs use similar architectural design
elements, materials and colors to ensure compatibility. Common
materials found on all buildings and freestanding signs include
synthetic plaster and brick. The design of the buildings provide a
groat deal of articulation and visual interest to provide an aesthetically
pleasing environment.
To ensure that wall signage remains compatible and consistent within
the shopping center, a uniform sign program shall be required as a
condition of approval. This condition of approval will require that all
signage in the center be consistent with the approved sign program
as approved by the Director of Community Development. The sign
program will incorporate any deviations from the Woodburn Sign
Ordinance approved with the variance application.
The location, design, colors and materials of proposed buildings and
signs will be appropriate to the character of the immediate
neighborhood in that the immediate neighborhood is a mix of
commercial, industrial, and church uses with a wide variety of
architectural styles, material types and colors used for buildings and
signage.
This criterion is met.
4. Chapter 29 Commercial Retail District
Section 29.0t0 Permitted Uses.
STAFF COMMENT: The portion of the subject site that is zoned CR
is to be developed with a multiple tenant retail building and a bank.
The CR District allows a wide variety of commercial uses including
retail establishments and banks.
SPR 00-12, VAR 01-04, PAR 01-01 Page 10
Section 29.040 Height.
STAFF COMMENT: All proposed buildings comply with the maximum
height of three stories or 45 feet.
Section 29.050 Side and Rear Yards.
STAFF COMMENT: A minimum five foot yard is provided along all
side and rear property lines as required.
Section 29.060 Front Yard.
STAFF COMMENT: A minimum five foot landscaped yard is provided
along both highway frontages as required.
Section 29.065 Solar Access.
STAFF COMMENT: A solar shadow plan submitted by the applicant
indicates that the proposal complies with this section.
Section 29.090 Site Plan Review Required.
STAFF COMMENT: Site Plan Review is required for the proposed
project.
Chapter 30 Commercial General District
Section 30.010 Permitted Uses.
STAFF COMMENT: The portion of the subject site that is zoned CG
is to be developed with a grocery store, drive-thru restaurant and a
service station. The CR District allows a wide variety of commercial
uses including grocery stores and restaurants. Service stations are
permitted as an optional business in the CG District.
Section 30.030 Optional Businesses
STAFF COMMENT: Service stations are permitted as an optional
business subject to the regulations of Section 29.030. The proposed
service station complies with all requirements for optional businesses.
Section 30.040 Height.
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SPR 00-12, VAR 01-04, PAR 01-01 Page 11
STAFF COMMENT: All proposed buildings comply with the maximum
height of six stories or 70 feet.
Section 30.050 Side and Rear Yards.
STAFF COMMENT: A minimum five foot yard is provided along all
side and rear property lines as required.
Section 30.060 Front Yard.
STAFF COMMENT: A minimum five foot landscaped yard is provided
along both highway frontages as required.
Section 30.065 Solar Access.
STAFF COMMENT: A solar shadow plan submitted by the applicant
indicates that the proposal complies with this section.
Section 30.090 Site Plan Review Required.
STAFF COMMENT: Site Plan Review is required for the proposed
project.
Woodburn Landscaping Policies and Standards
Section VIII(B) Commercial Strip Zones: A landscaping plan for
development in the CG and CR zones shall meet the following
standards:
At least 15% of the total development area shall be
landscaped.
STAFF COMMENT: The applicant's landscaping plan shows
that approximately 3.46 acres of the site will be landscaped.
This will cover approximately 35% of the entire site. This
includes the one acre wetland area to be retained.
a) Landscape strip adjacent to a street shall be at least 5
feet in width.
b) At least t0% of the interior parking area shall be
landscaped.
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STAFF COMMENT: The proposed landscape strip varies in
width from a minimum of five feet to over 40 feet along the
SPR 00-12, VAR 01-04, PAR 01-01 Page 12
Cg
highway frontages. The landscaping plan indicates that over
10% of the parking area is proposed to be landscaped.
Number of required trees shall be determined in the
following way:
a) Frontage street landscaping:
Large trees - 2 per 100 feet
Medium trees - 3 per 100 feet
Small trees - 4 per 100 feet
b) Parking Lot landscaping:
1 small tree for each 5 parking stalls
1 medium tree for each 10 parking stalls
1 large tree for each 14 parking stalls
STAFF COMMENT: The landscaping plan indicates that
frontage street trees are provided to exceed the above
requirement. The plan indicates that 17 large trees are
provided along Highway 99E where only 14 large trees would
be required, and 13 large trees are provided along Highway
211 where only 12 large trees would be required.
The landscaping plan indicates that parking lot trees are
provided to exceed the above requirement. The plan indicates
that 20 large trees, 7 medium trees, and 49 small trees will be
provided in the parking lot. This combination of trees is
adequate to address 460 parking spaces where only 364
parking spaces are provided on the site plan.
Woodburn Access Management Ordinance
STAFF COMMENT: Highways 99E and 211 are state highways and
are classified as Major Arterial streets in the Access Management
Ordinance (AMO). Pursuant to the AMO, ODOT has sole
responsibility for granting access to state highways. ODOT has
commented that the proposed access points are acceptable subject
to approval of an approach road permit.
The project complies with AMO policies pertaining to providing joint
access to driveways and cross access between sites. The applicant
is consolidating three existing lots into one parcel and providing
shared parking and access to the entire shopping center.
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SPR 00-12, VAR 01-04, PAR 01-01 Page 13
Woodburn Transportation System Plan
STAFF COMMENT: Highways 99E and 211 are classified as Major
Arterials in the Woodburn Transportation System Plan (TSP).
Highway 99E is already improved to its ultimate width, but ODOT will
require additional right of way to be dedicated and improved to
provide a deceleration lane to access the project driveway on 99E.
Highway 211 is not currently improved to its ultimate width. The TSP
proposes that this highway be widened to three or five lanes east of
99E, pending the level of development along the roadway and the
increase in traffic volumes. ODOT has determined that only a three
lane section is necessary to accommodate traffic generated by this
development. In conjunction with approval of an approach road
permit, the applicant will be required to dedicate/acquire and improve
sufficient right of way along the project frontage on Highway 211 to
comply with ODOT's comments.
Woodburn Sign Ordinance
Section 12 Signs Allowed For A Integrated Business Center
(A)
One free standing sign with a maximum area of 150 square
feet for the business center. The height of such sign is
limited to 35 feet.
(B)
The business center may have the same directional and
temporary signs as allowed in the applicable zoning
district. [commercial districts allow one directional sign at each
driveway with an area not exceeding 12 square feet]
(c)
One wall or roof sign is permitted for each individual
business fronting on a street or parking lot, which is
limited to a wall or roof sign with an area of the larger of
30 square feet or one square foot per foot of frontage on
a street or parking lot.
STAFF COMMENT: The proposed shopping center is classified by
the Woodburn Sign Ordinance (WSO) as an "integrated business
center". The applicant proposes the following signage on the site:
Freestanding pylon sign at highway intersection. This sign will
be approximately 30 feet in height and have a sign copy area
of 147 square feet.
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SPR 00-12, VAR 01-04, PAR 01-01 Page 14
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o
Freestanding directional sign at Highway 99E driveway
entrance. This sign will be three feet in height and have a sign
copy area of no more than 12 square feet.
Freestanding directional sign at Highway 211 driveway
entrance. This sign will be 20 feet in height and have a sign
copy area of 52 square feet.
Safeway Store: five wall signs consisting of two signs
("Safeway" and "S" logo) on north elevation and three signs
("Safeway Food & Drug" and two "$" Iogos) on west elevation.
Total sign copy area on north elevation will be 131 square feet
and on west elevation 258 square feet.
Buildings 2, 3, 4, and 5: two wall signs for each tenant, one to
face the highway and one to face the interior parking lot. Sign
copy area will not exceed WSO maximum.
The proposed freestanding pylon sign at the highway intersection
complies with the WSO. The proposed directional sign at the Highway
99E driveway entrance complies with the WSO.
The proposed directional sign at the Highway 211 driveway entrance
exceeds the maximum 12 square feet of sign area allowed for a
directional sign. No maximum height limitation is specified in the
WSO for directional signs so the proposed sign is considered to
comply with the WSO. The applicant has applied for a variance to
allow this directional sign to exceed the maximum area to allow gas
price signage for the service station.
The Safeway store wall signs exceed the maximum number of
allowed signs. Only one wall sign is allowed per business. The
applicant has applied for a variance to allow all five wall signs. If the
variance is granted, the total area of signs on each building frontage
would comply with the WSO in that 195 square feet of signage is
allowed on the north elevation and 289 square feet is allowed on the
west elevation.
Proposed wall signs on Buildings 2, 3, 4, and 5 exceed the maximum
number of allowed signs. Again, only one wall sign is allowed per
business. The applicant has applied for a variance to allow two wall
signs for each business which will permit one wall sign to face the
highway and the other to face the interior parking lot.
VARIANCE 01-04:
A. Woodburn Sign Ordinance
SPR 00-12, VAR 01-04, PAR 01-01 Page 15
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aw
STAFF COMMENT: The applicant requests approval of three variances to
the WSO as discussed in Section E above. These variances are as follows:
Allow 52 square foot directional sign at the Highway 211 driveway
entrance to exceed the maximum 12 square feet of sign area allowed
for a directional sign.
Allow five wall signs for Safeway store to exceed the maximum one
wall sign per business.
Allow Buildings 2, 3, 4, and 5 two wall signs per business which
exceeds the maximum of one wall sign per business.
Approval of variances to the WSO are processed in accordance with the
variance procedures set forth in the Woodburn Zoning Ordinance.
Woodburn Zoning Ordinance - Chapter 13, Variance Procedures
Section 13.020 Conditions for Granting a Variance. The Planning
Commission may permit and authorize a Variance when it appears for
the application, or the facts presented at the public hearing, or by
investigation:
(a) That there are unnecessary, unreasonable hardships or practical
difficulties which can be relieved only by modifying the literal
requirements of the Ordinance.
STAFF COMMENT: The applicant provides the following response: "The
unreasonable hardships are practicable difficulties in the application are two-
fold. First, two freestanding signs are necessary for the center; one for the
service station and one for the center businesses. No service station
operates without a highly visible sign. The second unreasonable hardship
or practicable difficulty is that each business in buildings 2, 3, and 4 requires
a sign on the street and parking lot frontage. Without a sign on each side of
each business, the public is not apprised to the location of the business.
The sign ordinance limits wall signs in an integrated business center. Were
this property developed not as an integrated business center, the sign
ordinance would allow two wall signs for each business. Further, the sign
ordinance would allow one projecting or freestanding sign per business. In
other words, the applicant would be able, by not developing this center as an
integrated business center, to have far more signs than allow under the
Code. This is an unreasonable hardship or practicable difficulty that can be
relieved only by modifying the literal requirements of the ordinance. The
Planning Commission should find that where a business is adversely
affected by location in an integrated business center in terms of signage, a
SPR 00-12, VAR 01-04, PAR 01-01 Page 16
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variance is justified.'
Staff concurs with the applicant's response in that it is reasonable for the
applicant and the public to expect to have signage of sufficient size to identify
the brand and price of fuel. Due to the size of the shopping center, an
unreasonable hardship is created for each business, in that customers would
find it difficult to locate a business once they are within the center, if
identification were not provided along the highway frontage and interior of the
parking lot. It is reasonable for the applicant to expect to have wall signage
on the Safeway store comparable to Safeway corporate standards,
especially when the overall signage will not exceed the maximum area
allowed by the WSO for each building frontage.
(b) That there are exceptional or extraordinary circumstances or
conditions applying to the land, buildings, or use referred to in the
application, which circumstances or conditions do not apply generally
to land, buildings, or uses in the same District...
STAFF COMMENT: The applicant provides the following response, "The
exceptional and extraordinary circumstances is one applying to the use
referred to in the application. The proposed use is an integrated business
center. In general, the circumstances or conditions applying to an integrated
business center do not apply generally to land, buildings or uses in the same
district. In other words, uses in the CG and CR zoning district could be
developed outside of an integrated business center and not be subject to the
limitations because of that provision."
Staff concurs with the applicant's response in that the large size and layout
of the shopping center as an integrated business center with a large parking
lot between the Safeway store and buildings fronting on the highways is an
extraordinary circumstance that does not generally apply to buildings and
uses in the CG and CR Districts.
(c) That granting the application will not be materially detrimental to the
public welfare or be injurious to property or improvements in the
neighborhood of the premises.
STAFF COMMENT: The applicant provides the following response, "Granting
the variances will not be materially detrimental to the public welfare. The
public welfare is furthered by allowing well placed signage to inform the
public habilitation of businesses. Neither will the variance be injurious to
property or improvements in the neighborhood. The additional wall signs for
each business face into the parking lot, not to adjacent properties. The
adjacent wall signs allowed for the Safeway building are consistent with the
SPR 00-12, VAR 01-04, PAR 01-01 Page 17
construction of all Safeway stores. Finally, the additional freestanding sign
a/lowed for the Safeway gas station provides notice to the public of the
location and price of gasoline."
Staff concurs with the applicant's response.
(d) That such Variance is necessary for the preservation and enjoyment
of the substantial property right of the petitioner.
STAFF COMMENT: The applicant provides the following response,
substantial property right of the petitioners to have the same signage is
allowed for other developments. Were this properly not developed in an
integrated business center, the applicant would not need a variance. This
is a substantial property right."
Staff concurs with the applicant's response. However, it should be noted that
if this development were not a shopping center, a variance would still be
necessary for five Safeway store wall signs.
(e) That the granting of the application will not, under the
circumstances of the particular case, adversely affect the health or
safety of persons working or residing in the neighborhood of the
property of the applicant.
STAFF COMMENT: The applicant provides the following response, "The
variances will not adversely affect the health and safety of persons working
or residing in the neighborhood."
Staff concurs with the applicant's response in that all proposed signs would
be installed in accordance with state building codes.
(f) That the granting of the application will be in general harmony with
the intent and purpose of this ordinance and will not adversely affect
any officially adopted Comprehensive Plan.
STAFF COMMENT: The applicant provides the following response, "The
intent and purposes of the zoning ordinance is to regulate uses within the city
of Woodbum and, pursuant to applicable variance criteria, grant variances
when necessary to ameliorate inequities. In this case, the unusual result of
the integrated business center is to limit unnecessarily the amount and kind
of signage in a way that detrimental not only to the public but to the property
owner. There will be no adverse affect on any portion of the comprehensive
plan."
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SPR 00-12, VAR 01-04, PAR 01-01 Page 18
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Staff concurs with the applicant's response. In addition, the Zoning
Ordinance and Comprehensive Plan do not provide any goals, policies or
specific regulations pertaining to signage on the subject site.
PARTITION 01-01:
A. Woodburn Subdivision Standards
1. Woodburn Subdivision Standards, Chapter III, Section 6(2):
No tentative plan for a proposed subdivision and no tentative
plan for a proposed partition and replat shall be approved
unless:
(1) The streets and roads are laid out so as to conform to the
plans of subdivisions and partitions already approved for
adjoining property as to width, general direction and in all other
respects unless the City or County determines it is in the public
interest to modify the street or road pattern.
STAFF COMMENT: The proposed lot consolidation will not create
any streets.
(2) Streets and roads held for private use are clearly indicated
on the tentative plan and all reservations or restriction relating
to such private roads and streets are set forth thereon.
STAFF COMMENT: The consolidation of lots will eliminate the need
for reciprocal access and parking easements. No private streets will
be created.
(3) The tentative plan complies with the applicable zoning
ordinances and regulations and the ordinances or regulations
adopted under ORS 92.044 that are then in effect for the City.
STAFF COMMENT: As discussed in this report, the tentative plan
complies with applicable zoning, subdivision, and access
management ordinances of the City and with applicable regulations
adopted under ORS 92.044.
2. Woodburn Subdivision Standards, Chapter III, Section 8:
STAFF COMMENT: The tentative plan is in compliance with
subdivision standards.
SPR 00-12, VAR 01-04, PAR 01-01 Page 19
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VI
B. Woodburn Zoning Ordinance:
1. Chapter 29 Commercial Retail District
STAFF COMMENT: The CR District has no lot area or dimensional
requirements.
2. Chapter 30 Commercial General District
STAFF COMMENT: The CG District has no lot area or dimensional
requirements.
C. Woodburn Access Management Ordinance
STAFF COMMENT: Access to the site complies with AMO requirements as
discussed in this report.
D. Woodburn Transportation Systems Plan
STAFF COMMENT: The proposed lot consolidation complies with policies
of the TSP.
CONCLUSION AND RECOMMENDATION:
Based on the information in this report, findings required to approve Site Plan
Review 00-12, Variance 01-04, and Partition 01-01 can be made. Staff
recommends approval of these applications subject to the following conditions of
approval:
CONDITIONS OF APPROVAL:
Community Development Department Conditions:
Site Plan Review 00-12:
1. The proposed development shall be in substantial conformance with the
approved development plan as shown on sheets DR1, DR2, DR2.1, DR5
DR5.1, DR6, DR6.1, P1, all dated 2-23-01; DR7, DR7.1, DR7.2, DR7.3, all
dated 3-7-01; and Color Material Schedule, dated 5-11-00, except as
otherwise amended by these conditions.
2. Final landscaping and irrigation plans shall be submitted to the Community
Development Department for approval prior to issuance of building permits.
SPR 00-12, VAR 01-04, PAR 01-01 Page 20
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Said plans shall indicate the names (botanical and common), sizes and
locations of all plants and shall be prepared in compliance with all
requirements of the VVoodburn Landscaping Policies and Standards.
All landscaping shall be maintained year round. Plantings shall be watered
regularly and in a manner appropriate for the specific plant species through
the first growing season, and dead and dying plants shall be replaced by the
applicant during the next planting season. No buildings, structures, storage
of material, or parking shall be permitted within the required landscape and
buffer areas. All landscape and buffer areas shall be maintained and kept
free of all debris, weeds and tall grass.
A uniform sign program shall be approved by the Director of Community
Development prior to installation of any signs. Said program shall ensure
that all signage is compatible with the architecture of the center. The sign
program shall incorporate any deviations from the VVoodbum Sign Ordinance
approved with the variance application.
A lighting plan shall be submitted to the Community Development
Department prior to issuance of building permits. Said plan shall indicate
intensity of site illumination and shall ensure that light impacts on adjacent
uses are minimized. The applicant shall comply with parking lot lighting and
area and building lighting as specified by the Woodburn Police Department.
Curbing, striping, sprinkler system, and lighting shall be kept in good
condition. Any damage shall be repaired in a timely manner.
Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit
one set of reproducible as-builts.
Any conditions attached to the approval of the site plan shall be conditions
on the issuance of a building permit. A violation of the conditions shall be
considered a violation of the zoning ordinance.
Property owner shall submit to the Community Development Department a
signed "Acceptance of Conditions" agreeing to all conditions of approval prior
to issuance of building permits. The signed document must be received by
the Community Development Department before the project approval shall
become effective.
Variance 01-04:
10.
This variance allows the following deviations from the Woodburn Sign
Ordinance: 1) A 52 square foot directional sign at the Highway 211 ddveway
SPR 00-12, VAR 01-04, PAR 01-01 Page 21
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entrance for the proposed service station; 2) Five wall signs for Safeway
store, two on north elevation and three on west elevation; 3) Two wall signs
per business for Buildings 2, 3, 4, and 5.
Partition 01-01:
11.
Prior to issuance of a certificate of occupancy for any building, the lot
consolidation shall be recorded with Marion County and two (2) copies of the
recorded document provided to the Woodburn Community Development
Department.
Public Works Department Conditions:
12.
Final plans shall conform to the construction plan review procedures and
standards. The plan shall be submitted to the city for review and shall be
approved prior to any building permits being issued.
13.
On site existing water wells and subsurface sewage disposal systems shall
be abandoned in accordance with State Regulations
14.
All work within the State Highway right of way shall require approval and
permit from the Oregon Department of Transportation (ODOT).
15.
The applicant, not the city is responsible for obtaining permits from any state,
federal or regulatory agencies which may require approval and/or permit.
16.
All city maintained facilities located on private property shall require a
minimum 16 foot wide utility easement be conveyed to the city
17. Erosion control 1200c permit will be required.
18.
All work shall conform to the City of Woodburn Standards and all State
Building Codes.
19.
All parking and driving surfaces shall be improved with a hard surface of
either asphaltic concrete or Portland cement concrete.
20.
Access and improvement requirements on Highway 99E and Highway 211
is controlled and conditioned by the Oregon Department of Transportation
(ODOT). Applicant shall obtain road approach permit from ODOT.
21.
Driveway approaches shall be constructed of concrete and shall comply with
the City of VVoodburn commercial standards.
22. Dedicate a minimum of 7 additional feet right of way along HWY 211,
SPR 00-12, VAR 01-04, PAR 01-01 Page 22
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adjacent to the subject property. However the actual dedication shall include
all of that property needed to construct the improvements on both HVVY 211
and HVVY 99E as required by ODOT. Provide an additional 10 foot wide
public utility easement adjacent to such dedication for the relocation of
franchised utilities.
23.
The City of Woodburn has no adjacent storm system to serve this property.
The existing drainage facilities on HVVY 99E and Hwy 211 are controlled by
ODOT. The applicant proposes to install a storm sewer system from the
subject site to the tributary referred to as Deadman's Gulch. This shall be
approved and permitted by ODOT and any other regulatory agency which
may require approval or permit to discharge into the tributary. The
conveyance system shall be sized and installed in accordance the subject
site and ODOT requirements.
24.
On-site detention shall be required in accordance with city standards and
policy. The applicant is proposing an offsite detention system, documentation
of proper easements, agreements and or property conveyances shall be
provided prior to building permits being issued.
25. On-site catch basins shall be pollution control type.
26.
Wet lands exist on the property, the applicant is proposing to utilize the area
for water quality, discharging runoff from the roof area, permits from the
proper regulatory agency shall be obtained.
27.
The existing drainage from surrounding properties shall not be blocked or
impounded by this development.
28.
Sanitary sewer service can be provided by the existing sanitary main on the
west side of 99E, this will require the applicant to bore under HWY 99E. The
sanitary sewer serving the retail center will be a private system, not a city
maintained system.
29.
The existing sanitary sewer main on HWY 211 could also be utilized for
service as the applicant shows on the site plan. This however may take
further rehabilitation prior to being put into service. This is an abandoned
force main being converted to a gravity sewer. The city has done some
rehabilitation, but further rehabilitation may be required. This shall be the
responsibility of the applicant.
30.
Comply with wastewater requirements in regard to oil/water separator for the
fueling station and/or any grease trap requirements for any food service
facility. Contact Larry ^rendt, City of Woodbum Industrial Waste Coordinator,
503.982.5283.
SPR 00-12, VAR 01-04, PAR 01-01 Page 23
10A
31.
The existing 12" diameter main stubbed to the property shall be extended
to the Northeast corner of the project. An 8" diameter main shall be
extended from the existing 12" diameter main to Southwest corner of the
property. The interior line shall be looped and sized according to the fire flow
requirement and hydrant locations.
32.
In addition to the above, the water system shall be connected, looped to
either the existing 12" diameter water main located on the South side of
Highway 211 near June Way with a 12" diameter main or the existing 8"
diameter water main on the East side of 99E near the South line of the
Jehovah's Witness Assembly Hall property with an 8" diameter main.
33.
A double check backflow assembly prevention device shall be required on
the domestic line for all three buildings. A double check assembly will be
required on the landscape irrigation system. A double check detector
assembly will be required on the fire sprinkler system if so installed. The
assemblies shall be installed next to the water meters next to property line
or within an easement next to water main providing the service. Contact
Larry Arendt, City of Woodburn Cross Connection Inspector, 503.982.5283.
34.
Provide 16 foot wide easement to city for city maintained water main located
on private property.
35.
Fire protection requirements and hydrant locations shall comply with
Woodburn Fire District standards.
Other Conditions:
36.
An onsite water supply system shall be available, operational and acceptable
to the city prior to the construction of combustible buildings. Access during
construction shall support the weight of Fire Apparatus and allow access to
the facility.
37. All required building permits shall be obtained prior to start of work.
38.
Prior to the issuance of a building permit, the applicant shall submit evidence
to the City Public Works Director indicating that plans for modifications to the
traffic signal at the intersection of OR 99E and OR 214/OR 211 have been
approved by the State Traffic Engineer.
39.
Prior to the issuance of a certificate of occupancy for any use on the site, the
city shall receive certification from ODOT that modifications to the signal at
the intersection of OR 99E and OR 214/OR 211 contained in the approved
signal plans have been installed and are functioning.
SPR 00-12, VAR 01-04, PAR 01-01 Page 24
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VII
40.
Prior to the issuance of a building permit, the applicant shall submit evidence
to the City Public Works Director indicating that the applicant has obtained
an approach road permit for access to, and work within, the right of way of
the state highways adjacent to the site.
41.
Prior to the issuance of a certificate of occupancy for any use on the site, the
City shall receive certification from ODOT that all improvements identified in
the approach permit have been installed in conformance with said permit.
ATTACHMENTS:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E-
Location and Zoning Map
Notice of Public Hearing
Public Works Comments
Public Works Program Manager Comments
Fire District Comments
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
F - Police Comments
G - ODOT Comments
H - DSL Wetland Permit
I -Applicant's Statement of Intent
J - Applicant's Variance Statement
K - Traffic Impact Analysis
L- Development Plans
SPR 00-12, VAR 01-04, PAR 01-01 Page 25
o0--i~
URBAN GROWTH BOUNt
STATE HWY 214
HWY 211
534)
NOTICE OF PUBLIC HEARING
NATURE OF APPLICATION:
Site Plan Review 00-12, Variance 01-04, Partition 01-O1:
The applicant requests approval to construct a retail shopping center on a 10.36 acre site located
at the southeast corner of the intersection of Highway 99E and Highway 211. The site plan
includes a 57,860 square foot grocery store, 12,000 square foot retail building, 4,000 square foot
bank, 2,200 square foot drive-thru restaurant, and a service station. In conjunction with the site
plan review application the applicant requests approval of six variances all of which pertain to
proposed signage on the site. Also, the applicant requests approval of a partition application to
allow three existing lots to be consolidated into one parcel.
APPLICANT AND PROPERTY OWNER:
Pacific Realty Associates, L.P.
c/o Andrew Jones
15350 SW Sequoia Parkway, Suite 300
Portland, OR 97224
LOCATION OF SUBJECT PROPERTY: The property is generally located at the southeast comer
of the intersection of Highway 99E and Highway 211. It can be identified specifically on Madon
County Assessor's Map T5S, RIW, Section 8DB, Tax Lots 100 and 200, 'and Section 8DA Tax
Lot 500.
HEARING DATE/TIME: March 22, 2001 at 7:00 p.m.
LOCATION: Woodbum City Hall, Council Chambers
DECISION MAKER: Woodburn Planning Commission
APPUCABLE APPROVAL CRITERIA FOR THIS HEARING:
Site Plan Review 00-12:
Woodbum Zoning Ordinance:
Chapter 8 General Standards
Chapter 10 Off Street Parking, Loading & Driveway Standards
Chapter 11 Site Plan Review
Chapter 29 Commercial Retail District
Chapter 30 Commercial General Distdct
Woodbum Landscaping Policies and Standards
Woodbum Access Management Ordinance
Woodbum Transportation Systems Plan
Woodbum Sign Ordinance
Vadance 01-~)4:
Woodbum Zoning Ordinance: Chapter 13, Vadance Procedures
Woodbum Sign Ordinance
Partition 01-01:
Woodbum Subdivision Standards
!
Exhibit "A"
Woodbum Zoning Ordinance:
Chapter 29 Commercial Retail District
Chapter 30 Commercial General District
Woodbum Access Management Ordinance
Woodbum Transportation Systems Plan
INFORMATION:
a) A copy of the application, all documents, and evidence relied upon by applicant and
applicable criteda are available for inspection at no cost and will be available at a
reasonable cost.
b) A copy of the staff report will be available for inspection at no cost at least 7 days prior
to the headng and will be provided at reasonable cost.
c) Any person wishing to speak either for or against this proposal may do so in person or
by an attorney at the public hearing.
d) Written comments may be filed with the Planning Director or submitted into the record
at the time of the public headng.
e) The failure of an issue to be raised in a hearing, in person or by letter, or failure to
provide statements or evidence sufficient to afford the decision maker an
opportunity to respond to the issue precludes appeal to the Land Use Board of
Appeals based upon that issue.
PLEASE CONTACT THE FOLLOWING REPRESENTATIVE FOR ADDITIONAL
INFORMATION: Jim Mulder, Woodbum Community Development Department, 270 Montgomery
Street, Woodburn, OR 97071, (503) 982-5246.
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KEY MAP
2
SITE PLAN REVIEW
HWY 99 AND HW~ 211
RETAIL CENTER
PACTRUST REALTY
-IOA
Public Works
GENERAL CONDITIONS:
Final plans shall conform to the construction plan review procedures and standards. The plan shall
be submitted to the city for review and shall be approved prior to any building permits being issued.
On site existing water wells and subsurface sewage disposal systems shall be abandoned in
accordance with State Regulations
All work within the State Highway fight-of-way shall require approval and permit from the Oregon
Department of Transportation (ODOT).
o
The applicant, not the city is responsible for obtaining permits from any state, federal or regulatory
agencies which may require approval and/or permit.
All city maintained facilities located on private property shall require a minimum 16 foot wide
utility easement be conveyed to the city
6. Erosion gontrol 1200c permit will be required.
7. All work shall conform to the City of Woodburn Standards and all State Building Codes.
STREET
All parking and driving surfaces shall be improved with a hard surface of either asphaltic concrete or
portland cement concrete.
Access and improvement requirements on Highway 99E and Highway 211 is controlled and
conditioned by the Oregon Department of Transportation (ODOT)cant shall obtain road approach
permit from the ODOT. Staff recommends ODOT require as condition of approval that Highway
211 be widened and improved to current standards adjacent to property they own, including
sidewalks.
Driveway approaches shall be constructed of concrete and shall comply with the City of Woodburn
commercial standards.
Dedicate a minimum of 7 additional feet fight-of-way along HWY 211, adjacent to the subject
property. However the actual dedication shall include all of that property needed to construct the
improvements on both HWY 21 ! and HWY 99E as required by the ODOT. Provide an additional
10 foot wide public utility easement adjacent to such dedication for the relocation of franchised
utilities.
It~TAI L C.l~ttr~ 91~E-211.DOC
IOA
DRAINAGE:
The City of Woodburn has no adjacent storm system to serve this property. The existing drainage
facilities on HWY 99E and Hwy 211 are controlled by ODOT. The applicant proposes to install a
storm sewer system from the subject site to the tributary referred to as Deadman,s Culch, this shall
be approved and permitted by ODOT and any other regulatory agency which may require approval
or permit to discharge into the tributary.
The conveyance system shall be sized and installed in accordance the subject site and
ODOT requirements.
On-site detention shall be required in accordance with city standards and policy. The applicant is
proposing an offsite detention system, documentation of proper easements, agreements and or
property conveyances shall be provided prior to building permits being issued.
On-site catch basins shall be pollution control type.
Wet lands exist on the property, the applicant is proposing to utilize the area for water quality,
discharging runoff from the roof area, permits from the proper regulatory agency shall be obtained.
The existing drainage from surrounding properties shall not be blocked or impounded by this
development.
SANITARY SEWER:
Sanitary sewer service can be provided by the existing sanitary main on the west side of 99E, this
will require the applicant to bore under HWY 99E. The sanitary sewer serving the retail center will
be a private system, not a city maintained system.
The existing sanitary sewer main on HWY 211 could also be utilized for service as the applicant
shows on the site plan This however may take further rehabilitation prior to being put into service.
This is an abandoned force main being converted to a gravity sewer ,the city has done some
rehabilitation. But further rehabiltion may be required, this shall be the responsibility of the
applicant
Comply with wastewater requirements in regard to oil/sand separator for the fueling station and/or
any grease trap requirements for any food service facility. Contact Larry Arendt, City of Woodbum
Industrial Waste Coordinator, 503.982.5283
WATER:
The existing 12 "diameter main stubbed to the property shall be extended to the Northeast corner of
the project. An 8" diameter main shall be extended from the existing 12 "diameter main to
Southwest corner of the property. The interior line shall be looped and sized according to the fire
IOA
flow requirement and hydrant locations.
In addition to the above, the water system shall be connected, looped to either the existing 12"
diameter water main located on the South side of Highway 211 near June way with a 12" diameter
main or the existing 8" diameter water main on the East side of 99E near the South line of the
Jehovah's Witness Assembly Hall property with an 8" diameter main.
A double check backflow assembly prevention device shall be required on the domestic line for all
three buildings. A double check assembly will be required on the landscape irrigation system. A
double check detector assembly will be required on the fire sprinkler system if so installed. The
assemblies shall be installed next to the water meters next to property line or within an easement
next to water main providing the service. Contact Larry Arendt, City of Woodburn Cross
Connection Inspector, 503.982.5283
Provide 16 foot wide easement to city for city maintained water main located on private property.
Fire protection requirements and hydrant locations shall comply with the Woodbum Fire Districts
conditions of approval.
.R:~AI L ~ ~'~F-.-211.DOC
MEMO
TO:
FROM:
Jim Mulder, Community Development Departmen* /.,~ ~ ~...~
Randy Rohman, Public Works Program Manager
SUBJECT: Traffic Study for PacTrust Retail Center
DATE:
March 13, 2001
The access points for this proposed development are all located on the state highway
system and ODOT will be granting access permits for these access points to this site.
I have reviewed the traffic studies done in conjunction with the site and found that they
accurately represented the traffic that would be generated by the site and the impacts
that the increased flows would create. I have only one major concern from the traffic
study information which is the left turn access from 99E into the retail center site.
The 99E retail center site access is approximately 430 feet from the 211/214
intersection and the recommendations call for dual left turn lanes to be provided for the
northbound left turn movement onto highway 214. There is a recommendation in the
traffic study for the provision for a southbound left turn into the site from 99E. With the
short distance and the dual left turn lanes northbound, I have concerns whether the
storage space provided for the left tum into the site from 99E, stated in the study as 50
feet, would be sufficient. Figure 7 of the traffic study indicates that there would be 245
left turn movements into the site during the peak PM hour. I do not feel that there is
sufficient storage distance provided in the site plan to allow a left turn into the site from
southbound 99E.
Memo To:
WOODB URN FIRE DISTRICT
Prevention Division
Site Plan Revie~ Comments
Jim Mulder, Asst. Planner
City of Woodburn
FEB O1 2001
WOODBURN COMt~iUNITY
DEVELOPMENT DEP'[
From: Robert Benck
Fire Marshal
Date: 02-01-01
Facility/Project Name: Woodburn Retail (Safeway) (S.P. 00-12)( Rev. 02-01-01)
Location: N. Pacific Hwy./Molalla Rd.
Occupancy Class: M
A. Access:
1. Exterior of Facility:
Minimum driveable access to within 150 feet of all sides of any structures is
available on all proposed building sites. (Rev. OK)
2. To Interior of Facility:
Details provided on Grocery Store only. Meet OR-UBC requirements
(Info. not provided on rev. ok if same as original)
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: Appx. 600
2. Number of Exits: Minimum of 3
3. Exit Hardware: Simple/Panic
4. Exit Signage: Required
5. Emergency Lighting: Required
C. Fire flow/ Water Supply: (Rev.) Same for building 1; Building 2 is now 12,000 sq. ft.
req. flow 3,000gpm for non sprinkled & 1500 g.p.m, for sprinkled. All other
buildings are 1500 g.p.m.
Based on a type III-N construction a 5000 g.p.m, flow is required with sprinkler
credit this is lowered to 1500 G.P.M. plus that required for the sprinkler system.
The type V-N 6000 sq. ii. non sprinkled building has a 2250 g.p.m, requirement.
Hydrants: (Rev.) Information not provided on revised drawing. If building # 2 is
sprinkled see note below on building #1 for location of FDC and hydrant. If building
#2 is not sprinkled an additional hydrant may be required to serve it and building
number 5. No building shall be more than 200 feet from required hydrants.
The four hydrants shown on the plans plus the relocation of an existing hydrant
currently located on Pacific highway near intersection with Molalla Rd.
The hydrant located at the rear of building #1 and the FDC at that location need to
be within 25 feet of each other.
E. SprinMer/FDC: (Rev.) Same comments on #1, if building 02 is not sprinkled an
additional hydrant may be required. Need information on proposed hydrant
locations.)
The building designated as # I must be sprinkled.
The FDC shall be located off#f the building as indicated, and moved towards the
proposed hydrant out #fa collapse zone.
10A
F. Alarm System:(Rev.) Same
Sprinkler system to be monitored.
Require a "KNOX BOX" access key control for any sprinkled building not
occupied 24 hours a day.
G. Premise Identification:(Rev.) Same
To be visible fi:om public Way and meet city of Woodbum standards.
H. Special Occupancy Requirements: (Rev.) Same
Portable fire extinguishers will be required.
L Building Size & Limitations/Type of Construction: (Rev.) Same
Exceeds limits; Meets requirements for Sprinkled building and approved yards.
J. Fire and Life Safety Review Requirement:(Rev.) Same
Will be provided by building official.
tL Special Comments: (Rev.) Same
An onsite water supply system must be available, operational and acceptable to the
city prior to the construction ofcombust~le 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.
WOODBURN FIRE DISTRICT
! 776 Newberg Hwy.
Woodburn, OR. 97071
(503) 982-2360 or 982-7305 ext. 13
Fax (503) 981-5004
WOODBURN POLICE DEPARTMENT ! COMMUNITY POLICING DIVISION
270 Montgome~ SL. Woodbum, OR, 97071
(503) 982-2345
CPTED
(CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN)
EVALUATION FORM
Property Name: Pac Trust Realty
Property Address: 99E @ Hwy 211
', REC'D
AUG 3 0 2000
,~BiJRN COMMUNITY
· .-...-~=. ~!~T f~FPT.
Property Contact Person: Benner Stange Assoc.
Phone: 670-0234
Date: August 30, 2000
a Prlvata Property
o City Property
CPTED Requested By: Jim Moulder
Site Plan Review #; 00-12
~Construction Plan [] Existing Building n Multi-Family Dwelling ~Business ;3 Mobile Home
This evaluation will assist the City of Woodburn and you, in addressing crfme prevention and livability issues, ff you
have any questions in regards to this evaluation, please contact the evaluator for more information.
Street Access: Plans show a two way exit/entrance onto 99E. There is a two way exit onto Hwy 211 with
a single entrance. The exit/entrances have vision safety area's marked. Stop signs should be
added at both exits to ensure traffic safety.
On street parking: N/A
Property Marker I Sign: Advertisement signs for the businesses appear to be placed in accordance with
city specifications.
Access Lighting: See extedor lighting.
Exterior Landscape: Landscaping should be maintained to aide lighting in the darkened areas and
decrease the possibility of criminal activity.
Complex Parking: 366 total parking lot spaces planned.
Parking Lot Lighting: Pole lighting is specified, appears plans show adequate lighting in the front
parking lot area.
Exterior Complex Lighting: Plans do not show exterior building lighting. Even though there is pole
lighting planned, the addition of attached building lighting would enhance lighting, in areas where pole
lighting may not or can not reach.
Evaluator Comments:
Traffic safety is a main concam due to the location of the businesses to be planned. If there is a heavy
traffic flow out of the parking lot onto Hwy 99E, consider making that exit a right turn only. This would
prevent vehicles from crossing all lanes of traffic to go south bound on 99E, which would create a
dangerous and hazardous traffic flow condition.
Evaluator Name: Ofcr. L(~ricks
DPSST#: 20883
Shift: 11/23
~' REC'D ~,
I¥1AR 0 8 2001
March 8, 2001
WOODBURN COM' ~iUNITY
DEVELODIV;~NT CJEPT.
Department of Transpot~on
Region 2
455 Airport Rd. SE, Bldg B
Salem OR 97301-5395
(503) 986-2600
FAX (503) 986-2630
FILE CODE:
Mr. Jim Mulder, Community Development Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 07071
SUB3ECT: Comments on Site Plan Review 00-12, Variance 01-04,
Partition 01-01 (Woodburn Commercial Center)
Thank you for notifying and involving the Oregon Department of Transportation
(ODOT) of the land use action identified above. The purpose of this letter is to
inform you that ODOT has concerns about this proposed project and its potential
impacts to area transportation facilities.
ODOT staff have met several times with representatives of the applicant and the
City to resolve issues associated with property access to the state highways west
and north of the site. ODOT, by letter dated August 31, 2000 (copy attached),
provided comments to the City on the improvements necessary to accommodate
the development, along with proposed conditions approval. Except as described
below, the comments and proposed conditions in our August 31, 2000 letter
remain valid and ODOT requests that they be incorporated into the City's action
on the project.
The changes pertain to the proposed property access to OR 99E. Based on
additional review and analysis conducted by ODOT staff over the last several
months, we can no longer support permitting a "left-in" access to the property
from southbound OR 99E. Our review of the technical analysis submitted by the
applicant has resulted in the conclusion this access cannot be accommodated
safely (a technical analysis of the Transportation Impact Study, site plan, and
draft improvement plans are being submitted to the City under separate cover).
Therefore, access to OR 99E will be limited to right-in/right-out only. The raised
median proposed previously on OR 99E remains a requirement, as we believe it
is necessary to ensure safe operations on the highway. The median must be
extended south of the proposed OR 99E properly access restrict movements to
right-in/right-out.
ODOT believes installation of the raised median is essential to assure safety and
protect the operation of the state highways that are adjacent to the site. We will
Form 734-1867A (2-99)
Hr. Jim I~lulder
City of V~oodburn
Narch B, 2001
Page 2 of 2
IOA
not, therefore, require that the applicant submit evidence that affected property
owners on the west side of OR 99E concur with the median installation. It is
within our authority to require the median if we believe it is necessary to protect
the health, safety, and welfare of the traveling public. Our analysis indicates the
median is necessary.
As a final housekeeping matter, ODOTs proposed condition #3 attached to the
August 31, 2000 letter should be modified as follows:
"Prior to the issuance ora building permit... "(rather than "grading
permit'g
This change is necessary as we understand the city does not issue grading
With the understanding that a left-in turn lane from OR 99E will not be
permitted, and consistent with our comments in this letter and the August 31,
2000 letter, ODOTs concerns are resolved and we do not oppose approval of
this application.
This letter should be included in the record as ODOT testimony. ODOT should
be considered a party to the hearing and be entitled to notices of future
hearings, or hearing continuances or extensions. Please provide me with a copy
of the City's decision, including findings and conditions of approval.
Sincerely,
Daniel L. Fricke
Senior Transportation Planner
DLF:
cc:
Tom Lauer, ODOT Region 2 Interim Manager
Don Jordan, 0DOT District 3 Manager
Gerry luster, ODOT Region 2 Access/Development Review Coordinator
Dennis Santos, ODOT District 3 Permit Specialist
Andrew ]ones, PacTrust
Mike Robinson, Stoel Rives
Gary Katsion, Kittelson & Associates
August 31, 2000
Department of Transp~
Region 2
455 Airport Rd. SE, Bldg B
Salem OR 97301-5395
(503) 986-2600
FAX (503) 986-2630
FILE CODE:
Mr. 3im Mulder, Director
City of Woodbum Planning Department
270 Montgomery Street
Woodbum, OR 97071
SUB.1ECT:
Comments on Safeway Commerdal Center Site Plan (SE Corner
of OR 99E and OR 211)
Thank you for notifying the Oregon Department of Transportation (ODOT) of the land
use action identified above. The purpose of this letter is to inform you that ODOT has
concerns about this proposed project and its potential impacts to area transportation
facilities.
The proposed project is a site plan approval for a commercial center on the southeast
comer of two state highways: OR 99E, a regional level of importance highway as
defined in the 1999 Oregon Highway Plan, and OR 211, a district level of importance
highway. The site plan proposes one major anchor tenant (Safeway), a gas station, and
three pads for future commercial use.
Attached to this letter are ODOTs proposed conditions of approval to address impacts to
the adjacent state highways. The conditions have been wdtten to address our areas of
responsibility, but do not identify spedfic improvements. The design details of the
necessary improvements will be addressed through the approval of signal modification
plans (see Attachment - proposed Condition 1) and issuance of the approach road
permit required in proposed Condition 3. Based on our review of the transportation
impact study submitted by the applicant and our discussions with the applicant and dty
staff at your August 30 review meeUng, the necessary improvements to the state
highways are described below. All improvements shall be designed and constructed to
ODOT standards.
TraffTc $iqnal I~lodifications
· The applicant must develop improvement plans for modificaUons to the traffic signal
at OR 99E and OR 211/OR 214 made necessary by the improvements described
below. An applicaUon for the signal modificaUons must be submitted for review by
the Region 2 Traffic Engineer and approval by the State Traffic Engineer (see
Attachment- proposed condiUons I and 2)
oR ppE
· :Install double left-turn lanes from NB OR 99E to WB OR 21,t
· :Install raised median between NB left-turn lanes and SB traffic sufficient to protect
left-turn queue
r, mm 7~4-1~67^ (2-99)
/v/r. Jim P/u/der
City of Woodburn P/anning Depart
AugurS1, 2000
Pa~e 2 o[2
IOA
· Applicant must submit evidence to ODOT that affected property owners on the west
side of OR 99E agree to median installation prior to approval of the approach road
permit
· Property access will be restricted to right in/dght out/left in. Design details for a
"pork chop" or other traffic control device to restrict this access will be developed for
the approach road permit
· Property access will be designed to include NB right-turn/deceleration lane with
appropriate taper and must accommodate a through bike lane
· Full frontage improvements (curb, gutter, sidewalk) will be required
· All re-striping of the highway necessary for these improvements will be required
· The applicant will be responsible for dedication/acquisition of any additional right-of-
way necessary to develop these improvements
OR 211· A full property access (all moves) will be permitted
· Install left-turn refuge for WB traffic entedng the site
· Install double left-turn lanes from WB OR 211 to SB OR 99E
· Property access will be designed to include EB dght-turn/deceleraUon lane with
appropriate.taper and must accommodate a through bike lane
· Full frontage improvements (curb, gutter, sidewalk) will be required
· All re-striping necessary for these improvements will be required
· The applicant will be responsible for dedicaUon/acquisiUon of any additional right-
of-way necessary to develop these improvements
We understand the applicant will be working to develop the plans for the necessary
improvements. ODOT staff are willing to work with the applicant's consultants in the
design of these improvements to ensure safe access to the property.
This letter should be included in the record as ODOT testimony. ODOT should be
considered a party to the hearing and be entitled to notices of future hearings, or
headng continuances or extensions. Please provide me with a copy of the City's
derision, induding findings and conditions of approval.
Sincerely, ·
Senior TransportaUon Planner
DLF:
Attachment
Don Jordan, District 3
Dennis Santos, District 3
Gerry .luster, Region 2
Woodburn Commercial Center (Safeway)
Proposed Condib'ons of Approval
Prior to the issuance of a building permit, the applicant shall submit
evidence to the City Public Works Director indicating that plans for
modifications to the traffic signal at the intersection of OR 99E and OR
214/OR 211 have been approved by the State Traffic Engineer.
Prior to the issuance of a certificate of use and occupancy (or the city'S
equivalent) for any use on the site, the city shall have received
certification from the Oregon Department of Transportation, Region 2
Traffic Engineer, that modifications to the signal at the intersection of OR
99E and OR 214/OR 211 contained in the approved signal plans have
been installed and are functioning.
Prior to the issuance of a grading permit, the applicant shall submit
evidence to the City Public Works Director indicating that the applicant has
obtained an approach road permit for access to, and work within the
right-of-way of, the state highways (OR 99E, OR 214, and OR 211)
adjacent to the site.
Prior to. the issuance of a certificate of use and occupancy (or the city's
equivalent) for any use on the site, that City shall obtain certification from
the Oregon Department of Transportation, District 3 Manager, that all
improvement~ identified in the approach road permit have been installed
in conformance with said permit.
IOA
~T
Department of Transpor~on
March 7, 2001
'A' REC'D
MAR 0 8 2001
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
Region 2
455 Airport Rd. SE, Bldg B
Salem OR 97301-5395
(503) 986-2600
FAX (503) 986-2630
FILE CODE: AM-IE-6
Jim Mulder, Community Development Director
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
SUBJECT:
Woodburn Retail Center
Traffic Impact Study and Site Plan Review
Dear Mr. Mulder,
ODOT staff has completed a review of the Woodburn Retail Center site plan and
Traffic Impact Study (TIS) submitted by PacTrust. Staff comments have been
separated into two sections. The first section is related to the TIS prepared by
Kittelson and Associates dated February 20, 2001. The second section contains
comments and recommended revision to the site plans submitted by Alpha
Engineers dated January 5, 2001. If you have questions related to this memo please
feel free to contact me at your convenience at 503-986-2732.
TIS Review
Safety Analysis
The TIS did not include a section that addresses safety. ODOT places a high priority
on highway safety. The TIS should have included a section that summarizes the
accident history of the roadway system next to the proposed development. ODOT
staff reviewed the accident history for a two-tenths of a mile section between
mileposts 31.6 to 31.8 on Highway 99E.
ODOT maintains a database of information related to accidents on the state highway
system. The Safety Priority Index System (SPIS) information indicates that there are
8, Top 10% Sites within the two-tenths of a mile section. This indicates that the
accident rate on a statewide basis is within the top 10% of concern. Those locations
in the top 10 percent should be reviewed with a solution identified to address the
Page 1
Form 734-1867A (2-99)
Woodburn Retail Center Site Plan and TIS Review
Page 210A
safety concern. Additionally, modifications to the highway system should attempt to
address the identified safety concerns. Below is a summary of findings.
~ota~s
55 TOtal AccidentS:
driveway acceSs to the~' i; ;
.~ ~2'~f the 55 ~iC~idents)~ccu~d s~:Uth of the 99E/2~ ~/2~ 4 interaction.
A second database was review for accidents with a similar pattern to the SPIS data
but is more comprehensive in nature. Below is a summary of the information.
...... ~' i~ccidents°CcU~d~=t:the driveWay access to the
Future Year Analysis
The TIS analyzed two scenarios, existing conditions (1999) and day of opening
(2001). There was no analysis conducted for a future year, i.e., 5 or 10-years after day
of opening. ODOT would have preferred to see a future year scenario at a minimum
of 5-years from day of opening.
Woodbum Retail Center Site Plan and TIS Review
Page 10A
ODOT is concerned that the future analysis will indicate the Highway 99E/211/214
intersection will not meet performance criteria as indicated in Table 6l, of the 1999
Oregon Highway Plan.
The comments below have been submitted by Alan Troyer P.E., ODOT Traffic
Management at my request.
Following are my comments regarding the possible placement of a southbound left
turn into the access south of the intersection:
Although I would have some questions regarding the saturation rate and the cycle
length used, the storage for the northbound left turn of 225 ft. presented by the
consultant is reasonable with a couple of qualifications. As I calculated it, using
Synchro with a 120 sec. cycle and a saturation rate of 1800 veh. per hr. per In., the
resulting 95th %-tile queue was 227 ft. with the note that the 95th %-tile volume for
this movement exceeds capacity. This means longer queues can be expected. Also,
given the geometry of the double left, with the turn exceeding 90 degrees, I would
· have some concern that a saturation rate of 1800 might even be too high. Given
these concerns, restricting the storage for this movement to the 53 m shown on the
plans would not be appropriate to provide safe efficient operation, even with the
volumes given. That this design would allow no provision for future growth is also
a concern.
Site Plan Review
Geometric Design Issues
Note: Refer to plan sheet SS-1 as submitted by Kittelson and Associates and to preliminary
construction plans as submitted by Alpha Engineers.
ODOT staff recommends the left-turn lane access be denied because of
operational and safety concerns. Highway 99E is posted at 45 mph. The
deceleration distance required to accommodate the left-turn lane is not met
under the applicants proposal. Additionally, the minimum left-turn lane storage
distance as specified in ODOT Standard drawing number RD-215, found on page
134 of the ODOT Highway Design Manual can not be satisfied.
The reversing curve radii used to develop the northbound dual left-turn lane on
Highway 99E are do not satisfy ODOT Standard drawing number RD-215, found
on page 134 of the ODOT Highway Design Manual. The standard specifies 110-
~ 1999 Oregon Highway Plan, page 80, Table & Maximum volume to capacity ratios forpeak hour
operating conditions through a planning horizon for state highway sections located outside the
Portland metropolitan area urban growth boundary
Woodburn Retail Center Site Plan and TIS Review
Page ~[0A
m radius reversing curves, for a 70-km/h (45 mph) design speed. The site plan
indicates a 68-m radius curve. A design exception would be required.
The point of curvature (PC) for the reversing curves used to develop the
northbound dual left-turn lane on Highway 99E should be revised to satisfy
ODOT Standard drawing number RD-215. The PC should commence at the
location were the greatest storage distance in achieved on the northbound
approach to the Highway 99E/211/214 intersection. The TIS indicates the
northbound through lane and through right-turn lane to have the greatest
storage distance (300-ft.).
A 0.6-m (2-ft.) shy distance should be included in the Highway 99E typical
section between the southbound travel lane and the raised separator west of the
northbound dual left-turn lanes.
The curb radii at the two site access locations should be designed to
accommodate the turning movements of two specific design vehicles; 1) an
AASHTO WB-20 design vehicle and, 2) a dual tank fueling truck.
The Highway 99E/211/214 intersection is being redesigned to accommodate
dual left-turn lanes for the northbound to westbound and westbound to
southbound turn movements. ODOT design staff have simulated these side-by-
side turn movements with two AASHTO design vehicles. The inside lane was
analyzed with a passenger car while the outside lane contained an interstate
design vehicle. When the turn movement is simulated the trucks path conflicts
with the existing built environment. The curb in the northwest corner of the
intersection will need to be revised. (See Figure I in the technical appendix).
Likewise, the westbound to southbound turn movement will require
modification of the pedestrian refuge island in the southwest corner of the
intersection. The impact and modification is also shown in Figure 2.
o
The raised separator on 99E between the southbound through travel lane and the
dual left-turn lanes should extend to 99E site access location. Additionally, a
second raised separator should be constructed to discourage left-turn egress
movement from the 99E site access. Details should be coordinated with ODOT.
8. The right turn lane width can be reduced from 4.9-m to 4.5-m (travel lane width
of 3.6-m and shoulder width of 0.9-m).
9. The travel lane width of 4.9-m for the Highway 211 site access is not to scale.
10. What is the taper rate for the development of the left-lane on Highway 2117
Woodbum Retail Center Site Plan and TIS Review
Page _~ 0A
Additional comments related to geometn'c design have been provided b~, fim
Buettner P.E., Senior Designer, OOOT ?reliminary Design Unit. These comments are
contained in the technicaI appendix.
Sincerely,
Gerry Juster
Region 2 Access Development Review Coordinator
Attachments (3)
CC:
Andrew Jones, Pacific Reality Associates
Michael Robinson, Stoel, Rives LLP
Gary Katsion, Kittelson and Associates
Randy Rohman, City of Woodburn
Mike VanLoo, Alpha Engineers
Don Jordan, District 3 Manager
Dennis Santos, District 3 Permits Specialist
Dan Fricke, Region 2 Planner
Erik Havig, Preliminary Design Unit
Jim Buettner, Preliminary Design Unit
Alan Troyer, Traffic Management
Craig Black, Region 2 Traffic
Woodburn Retail Center Site Plan and TIS Review
Page 6]_
Technical Appendix
TECHNICAL SER VICES BRANCH
TO: File
DA TE: March 2, 2001
FROM: Jim Buettner
Senior Designer
SUBJECT: Woodburn Retail Site Plan Review
99-E Access to Site
This access can only be a right-in right-out access
· This proposed access is within a top ten percent SPIS site that stretches from Mt. Jefferson St.
to the Northerly entrance of the existing Safeway complex at approximate station 1665+00.
· Using standard radius reversing curves to develop the left turn storage would carry the raised
island past where the proposed entrance is located.
· The proposed left turn storage is to short (75ft.) that all deceleration for the left turning
vehicles would take place in the high speed left hand SB through lane.
· There is not enough room to develop left turn storage for this site entrance even with the
configuration shown. Vehicles would stack up waiting to turn lei~ and block the through SB
lanes.
· The radius for the NB-99-E right turn into the site is not adequate for trucks. It should be
20m (15m minimum)
Hwy 211 Access to Site
This is a full access, but is does not meet the required spacing from the 99-F__J211 intersection.
· The radii for the curbs in and out are not adequate for trucks. Should be min. 1 Sm.
· I foresee most or all delivery macks entering the site at this driveway.
· An exit only driveway for trucks leaving the site at the Easterly edge of the site might be
useful.
· The site map design vehicle (truck) appears to be 50ft. The dock storage is designed to
accommodate 75ft. freeway type macks.
· Trucks entering from 211 would have to go around the front of the building to use the loading
docks in the present configuration. This shouldn't be a problem during off-peak traffic.
Highway 99-E/211 Intersection
Dual left turns NB to WB and WB to SB are being proposed to improve the operation of this
intersection.
· A NB turning template shows trucks from the right-hand (left turn lane) would encroach into
the existing sidewalk area in the NW Quad. In order to allow other vehicles to use the other
turn lane simultaneously.
· Left turning trucks (EB 211 to SB 99-E) from the right-hand (left turn lane) encroach on the
existing curbed island in the SW quad.
· Left turning trucks (SB 99-E to EB 211) impact the existing sidewalk even with the stop bar
set back 20ft. behind the crosswalk.
· The existing SB 99-E right-in right-out in the NW quad needs to be closed or a raised island
installed between the N/S lanes to the north most driveway Sta 1666+00. Due to the high
C:~usr~word~projects\woodburn99-E~siterevlew.doc
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775 Summer Street NE
Salem, OR 97301-1279
'~ 503-378-3805
1- ClIlIIL INU..
, .~,..e,,,.~. ~ Permit Type:
Waterway:
&PR 8 ? ~IIB~I County:
Expiration Date:
wOODeURN ~CEOl~?up~r~ Corps No.:
OEVELOPME 'I~,~ TR UST I_.P
Marion ~" ~
April 26, 2000
NA
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO
THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary
access permits or rights-of-way before entering lands owned by another.
2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or
federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for
obtaining the necessary approvals and permits before proceeding under this permit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of
Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on
Attachment A.
4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which
may result in revocation of the permit or damages. The permit holder is responsible for the activities of all
contractors or other operators involved in work done at the site or trader this permit.
5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are
being conducted.
6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be
permitted access to the project area at all reasonable times for the purpose of inspecting work performed
under this permit.
7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in
writing, within 10 days of the date this permit was issued.
8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy
of the permitted project design, materials, construction, or maintenance, except to approve the project's
design and materials, as set forth in the permit application, as satisfying the resource protection, scenic,
safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules.
9. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from
any claim, suit, or action for property damage or personal injury or death arising out of the design, material,
construction, or maintenance of the permitted improvements.
NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with
leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-
owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not
relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct
activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result
in civil or criminal liability. For more information about these requirements, please contact the Division of State
Lands, 378-3805.
fi;d-.
Earle A. Johnson, Manager
Western Region Field Operations
Oregon Division of State Lands
~Authorized i~~re
April 26, 2000
Date Issued
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ATTACHMENT A
Special Conditions for Fill Permit No. 22098
This permit authorizes the fill of up to 226 cubic yards of material in 0.14 acres of
wetland in Section 8, T5S, RI W, for construction of a commercial/retail project as
outlined in the attached permit application, map and drawings.
This permit also authorizes removal and filling activities in jurisdictional wetlands
necessary to complete mitigation actions identified below.
Turbidity leaving site shall not exceed 10% above natural background turbidities as
a result of the project. The turbidity standard may be exceeded for a limited
duration, (per OAR 340-41) provided all practicable erosion control measures have
been implemented as applicable, including, but not limited to:
-use of filter bags, sediment fences, silt curtains, leave strips or berms, or other
measures sufficient to prevent offsite movement of soil;
-use of an impervious material to cover stockpiles when unattended or during a
rain event;
-graveled construction accesses to prevent movement of material offsite via
construction vehicles;
-sediment traps or catch basins to settle out solids prior to water entering ditches
or waterways; and
3. Erosion control measures shall be maintained and inspected frequently enough to
ensure their effectiveness throughout the grading phase of the project.
Petroleum products and other deleterious chemicals and materials shall not be
allowed to enter water systems from the project site at concentrations which
exceed minimum water quality standards as specified by the Department of
Environmental Quality. No fresh concrete shall come in contact with any active
flowing stream.
Construction waste materials and spoils shall not be placed (or disposed) in
wetlands or other waterways that are not authorized to be filled for the
development.
Storm drains routed to mitigation site shall be equipped with oil-water separators
and be regularly maintained to prevent oils and solids from entering the
compensatory mitigation wetlands .or drainage systems.
Attachment Awest
Page 2 of 3
FP-22098
7. Fill material shall be free of waste and polluted substances and maintain water
quality. No broken concrete or asphalt shall be used.
8. A storm water permit for the site shall be obtained from the Oregon Department of
Environmental Quality.
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10.
MITIGATION CONDITIONS
Detailed plans and goals for wetland compensation mitigation are described in the
following reference documents, which are incorporated into this permit as required
conditions:
a) Mitigation Plan submitted in permit application for on-site.
b) Attached maps and drawings pages 8 through 11, Figures 10 and 11.
This permit requires successful completion of compensatory mitigation actions as
described in the mitigation plan and listed as follows:
a)
Compensatory mitigation grading activity shall be conducted according to the
specifications described in the Mitigation Plan and attached drawings. Any
departure from these specifications must be approved by the Division of
State Lands.
b) The mitigation wetland shall be constructed prior to or concurrently with the
filling activity.
c) All appropriate local Government permits and authorizations shall be
acquired prior to commencin.q work.
d)
The planting success criteria is outlined in the Mitigation Plan page 9,
Figures 10 and 11 and shall be followed. If changes need to be made due
to hydraulics and grading differences prior authorization will need to be
obtained from DSL. An As-Built report is due to DSL no later than 60 days
after the end of the wetland mitigation construction activity.
e)
To prevent incompatible uses from being established within the newly
created wetland and maintaining the mitigation in perpetuity the site will be
protected by means of either a Conservation Easement, deed to the City of
Woodburn or to a conservation group, or deed restriction.
Attachment Awest
Page 3 of 3
FP-22098
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MONITORING CONDITIONS
11 .To insure a successful habitat replacement the permittee shall, for a period of three
years, maintain the mitigation site until vegetation has become established and the
area is functioning as designed. There shall be an 80% survival standard set for all
plantings. Should the invasion of reed canary-grass (Phalaris arundinacea) at the
mitigation site become a problem, appropriate control measures must be used.
12.
The applicant shall establish fixed photo points. Photos shall be taken annually for
three years from the established points and submitted to DSL for monitoring
purposes. The Monitoring Report including the photo points shall be submitted to
DSI on December 1 of each year.
13.
DSL retains the authority to re~luire appropriate corrective actions to the mitigation
site in the event the newly created wetlands are not functioning as designed within
a period of three years.
14.
If the criteria listed above for mitigation success are not met at the end of the
monitoring period, the applicant shall develop and implement, in coordination with
Oregon Department of Fish and Wildlife and Oregon Division of State Lands, a
supplemental mitigation plan designed to achieve the original target criteria.
15. The Division of State Lands retains the authority to temporarily halt or modify the
project in case of excessive turbidity or damage to natural resources.
April 26, 2000
J:~AttachmentAwestLAS~FP Fill Permits~FP-22098.doc
Division of State Lands
775 Summer Street NE
Salem, OR 97301-1279
~ 503-378-3805 or FAX
Corps Public Notice No.:
DIVISION OF STATE LANDS
Waterway Project Permit Review
REC'D
DATE: March 16, 2000
MAlt 1 7 2000
10A
5 ri'l_.-,. 7 8 _4~[[~K)BURN COMMUNITY
"-~ " DEVELOPMENT DEPT.
State Project No.:
22098
Corps Coordinator:
Dan Gresham
DSL Coordinator: Steve Moser
Applicant: PacTrust LP
County: Marion
Please return comments to the Division of State Lands by: April 10, 2000
Application involves: [] Structure
[] Willamette Greenway
[] Essential Salmonid Habitat
· Fill [] Removal
[] LWRMP FI Scenic Waterway
[] Water Quality Limited Stream for
E! Kiprap
[] Coastal Zone
· Wetlands
Notice of Permit Application
The attached proposal has been received for work within the waters of the State of Oregon. If you wish to make..wr, itten
comment on the proposed project, please use this form or attach comments and return it to us. This form is a self-" '
addressed mailer for your convenience. Please affix proper postage. A public hearing may be requested within 25 days
from the date of this notice. If a public hearing is requested, the director of the Division of State Lands will decide '.
whether a public hearing will be held based on the merits of the request and the level of public interest.
THIS NOTICE IS NOT A PERMIT
I have reviewed the attached information and offer the following comments:
0
0
0
0
0
A permit is required by this agency.
We do not believe the project would have an adverse effect.
We believe the effects of the project, although measurable, would be acceptable.
We believe the project would be acceptable if methods of construction or design were altered as listed belox
We would attend a conference with the applicant to seek project alternatives.
This project will adversely affect Threatened and Endangered Species. (please explain below.)
The project is unacceptable as proposed. (Please explain below.)
We have no comment.
COMMENTS:
Agency: ~J~4 OQ.
US Army Corps
of Engineers
Portland District
Corps Action ID Number
JOINT
PERMIT APPLICATION FORM
THIS PERMIT WILL MEET THE REQUIREMENTS OF BOTH AGENCIES
AGENCIES WILL ASSIGN NUMBERS
Oregon Division of State Lands Number
(~ Applicant Name
and Address
SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY
of Oregon__~.,. t\ ! ~.~'~
State)f St~~:~/~l t,,,
ATTN: CENPP-CO-GP Division (
District Engineer
PO Box 2946
Portland, OR 97208-2946
(503) 326-7730
PacTrust LP
Attn: Andrew Jones
15350 SW Sequoia Parkway, Suite 300
Portland, OR 97224
775 Summer
Salem, OR 97301-1~_~
(503) 378-3805 r
business phone #
home phone #
FAX # 503-624-7755
O Co-Applicant Patdcia Farrell business phone # (503) 570-0800
· Authorized Agent Pacific Habitat Services, Inc. home phone #
O Contractor 9450 SW Commerce Circle, Suite 180 FAX # (503) 570-0855
Name and Address Wilsonville, OR .97070
Property Owner business phone #
(if different than applicant) home phone #
Name and Address FAX #
(~) PROJECT LOCATION
Leqal Description
Quarter Section Township
Street, Road, or other descriptive location
SE comer of Highway 211 and Highway 99
8 5 South
In or near (City or Town) County Tax Map # Tax Lot #
Woodburn Marion 300, 500
Waterway River Mile Latitude Longitude
Wetland
Is consent to enter property granted to the Corps and the Division of State Lands? · Yes O No
Range
1 West
PROPOSED PROJECT INFORMATION
Activity Type: · Fill O Excavation (removal) O In-Water Structure O Maintain/Repair on Existing Structure
Brief Description: Fill of 3 isolated wetlands and excavated ditch to develop a commercial/retail project
Fill will involve cubic yards annually and/or 226 cubic yards for the total project
Fill will be O Riprap
Fill Impact Area is 0.14
Removal will involve
Removal will be O Riprap
Removal Impact Area is
cubic yards in a wetland or below the ordinary high water or high tide line
O Rock · Gravel O Sand · Silt O Clay O Organics O Other.
Acres; length; width; depth
cubic yards annually and/or cubic yards for the total project
cubic yards below the ordinary high water or high tide line
O Rock O Gravel O Sand O Silt O Clay O Organics ' O Other.
Acres; length; width; depth
Is the Disposal area Upland? · Yes O No Wetland / Waterway? O Yes · No
Are you aware of any Endangered Species on the project site? O Yes · No
If Yes, please explain in the project
Are you aware of any Cultural Resources on the project site? O Yes · No description (on page 2, block 4).
Is the project site near a Wild and Scenic River? O Yes · No
(~) PROPOSED PROJECT PURPOSE & DESCk,~-TION ].0.zll~
Project Purpose and Need:
The proposed development will provide commercial and retail stores at a major intersection within the City of
Woodburn. The site is zoned commercial.
Project Description:
The proposed development site is located at the major intersection of Highways 211 and 99 in the City of Woodburn.
The proposed project is a commercial retail development comprised of five buildings and associated parking. The
buildings will include a Safeway grocery store, a gas station, a video/retail store, a fast food restaurant, and a bank.
Total building area will be 70,552 square feet and 406 parking spaces will be provided. Site access will be from both
Highway 211 along the northern edge of the site and Highway 99 to the west.
How many project drawing sheets are included with this application? 7
NOTE: A complete application must include drawings and a location map submitted on separate 8 1/2 x 11 sheets.
Will any material, construction debris, runoff, etc. Enter a wetland or waterway? O Yes
If yes, described the type of discharge and show the discharge location on the site plan.
· No
Estimated Start Date June, 2000
Estimated Completion Date October, 2000
PROJECT IMPACTS AND ALTERNATIVES
Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland.
Impacts to wetlands were minimized through the design development of the project. The first design for the site
included a sixth building and additional parking located in the south central portion of the site. This would have . .
impacted the higher quality forested wetland. In order to avoid impacting this area, the site design was modified and
the overall building and parking areas were reduced (Figures 6 & 8).
Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland.
Best management practices will be followed both during and after construction to minimize siltation and impacts to
the adjacent wetland. Silt barriers will be in,tailed upslope of the wetland mitigation area and exposed soils will be
seeded upon completion of construction to reduce erosion and runoff.
NOTE: If necessary, use additional sheets.
ADDITIONAL INFORMATION
Adjoining Property Owners and Their Addresses and Phone Numbers
Woodberry Park LTD.,
PO Box 6
Wilsonville, OR 97070
Woodburn Assembly Hall of Jehovah's Witnesses
1510 N. Pacific Highway
Woodbum, OR 97071
Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State of Oregon in the
past, e.g. wetland delineation, violation, permit, lease request, etc.? · Yes O No
If yes, what identification number(s) were assigned by the respective agencies:
Corps # 99-1298
State of Oregon # DET 99-0387
02/29/2000 14:02 FAX 503 624 7755 PACTRUST ~{002
.., ,,. IOA
CITYICouNT? PLANNING DEPARTUENT AFFIDAVIT'
(TO 8E COMPLETED BY LOC~L Pt. AHNINO OFFiGIAL)
0 Thl~ pmJecl ie nolm lulated by the local ¢ompreheneive plan and zoning ordinance.
O This project has be~! reviewed and Is consLqtent with the h3cel comprehensive plan a~l zoning ordinance.
C) This proJecl has bee. t reviewed and t~ not oonslstant wllh the local co~nprehensive plan and zoning ordinance.
O Consls~ of this ;. reject with the local pl~3ning o~dinance cannot be detef~nlned until the following lo,al approval(s)
O Conditional Uae Approval O Devalopmeg.l Permit
O Plan Amefldmerd O Zone Change
eppflcatlon, ~"ha-q O has not been made for lo,al approvals checked above.
- COAGTAL. ZONE CERTIFICATION
If ~ prolx3Sad Lctlvity desc~bed la.y0ur permit appt~c~lon Is within the Omgoa coastal zone. the following cedffical~0n
reClUimd beh3re you~ appl c~tlon can be processed. A public3 noace wlfl be Issued with the certtfication statement whlch
It~ Oregon Depadment ¢! l_~nd C. onservl6on end Devek3pmenl (OLCD) ~ Its eomvJfl'en~e or objecUon. For addtUonal {nferm~dlen on the
O~egon Coastal Zone Ma.~gsment Pmcjmrrk. ccmtac{ the department at 1175 Court Stme{ NE. Salem. Oregon g73. 10
CERTIFICATION STATEMENT
I c~fify lhat, ~ t.~e best of my knowledge end beflef, the p~po~ed activity described in this eppl{caG0n complies with UIe'~ '
approved C)mgo~ CoastL) Management ~ogram and wlll be completed h~ a manna' core, latent wlth the program.
~) ' StGNATURE FOR JOtNT APPUCATION
(REQUIRED)
Apl~aa~n ia h ~ made fo~ the acllvJlJe~ deec~ed hengn. ! ~rl~y that I am familiar w~th the Information ¢onlalned in ttm
(X)miTt~ {hi! pl~ l un(i,et~t{litld II,Iii IO~! p~lnlm my u~ mqu,,wu u~,v,v ~,,~ ~... ,--
payment of I~e requked state Fooessk~g fee do~ not guarantee permit l~'uance.
SUPPLEMENTAL WETLAND IMPACT INFORMATION*
(For Wetland Fills Only)
Site Conditions of impact area
Impact area is O Ocean O Estuary
River O Lake O Stream
· Freshwater Wetland
Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A
separate Wetlands Resource Compensation Plan may be appended to the application.
Has a wetland delineation been completed for this site?
If yes, by whom:
· Yes 0 No
Pacific Habitat Services, 1999
Describe the existing Physical and biological character of the wetland/waterway site by area and type of resour(Je (use
separate sheets and photos, if necessary)
The site consists of an open disturbed field in the western half, primarily comprised of pasture grasses with scattered
trees. The eastern half of the site is primarily developed with the drive-in theatre parking and vegetation limited to the
south-central depression and drainage ditch.
Vegetation within the wetlands includes such species as sweet vernal grass (Anthoxanthum odoratum, FACU), tall
rescue (Festuca arundinacea, FAC-), meadow foxtail (Alopecurus pratensis, FACW), cudy dock (Rumex crispus,
FAC+), colonial bentgrasss (Agrostis tenuis, FAC), reed canarygrass (Phalads arundinacea, FACW), slender rush
(Juncus tenuis, FACW-), showy milkweed (Asclepias speciosa, FAC+), common spikerush (Eleocharis palustris,
OBL), bittersweet nightshade (Solanum dulcamara, FAC+), and green sheath sedge (Carex feta, FACW). Woody
species included black cottonwood (Populus trichocarpa, FAC), Douglas hawthorn (Crataegus douglas#, FAC).
Woody species were limited to the forested wetland in the south-central portion of the site. .
The largest area is the forested depression in the south-central area and associated drainage ditch. This area is
0.37 acre. The majodty of this area could be classified as palustrine forested wetland. The drainage ditch lacked
vegetation and appears.to have been maintained for drainage. The other three areas are in the western porti(~n of
the site and consiSt of small isolated depressions which may be the result of past disturbance (i.e. fill material or site
remediation activities). The two smaller southern depressions both had a layer of black plastic present within 10
inches of the surface, with differing soils above and below this layer. This is a result of previous site remediation
work. These areas may be classified as palustrine emergent wetlands.
Resources Replacement Mitigation
Describe measures to be taken to replace unavoidably impacted wetland resources
The proposed mitigation plan will consist of creating 0.27 acres of wetland on-site through excavation and planting
with native tree, shrub, and herbaceous species and enhancing 0.22 acres of existing wetland. The created wetland
will expand upon the existing forested wetland. Two shallow areas will be excavated to the east and west of the
forested wetland and planted with 513 woody trees and shrubs and 2000 emergent species. A tree survey was
conducted and existing trees greater than 6-inch diameter will be avoided.
Addition of a variety of native shrubs will increase the diversity of the site and provide additional food sources and
cover for resident wildlife. In addition, the creation of wetland will increase the storage capacity of the forested wetland
which is currently inundated during the winter and eady spring.
Counts of native trees and shrubs will provide a measure of survival rates for the plantings and line transects will
document the coverage of emergent species. Photodocumentation from fixed locations will provide a visual record of
structural changes during the monitoring period as well.
*Because this information is not necessary for a complete application, you may submit this sheet and other environmental
information after submitting your application.
52
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7/20/99
Figure 1.
188
9-1921
Location and generalized topography for a proposed development site at Highway 99 and
Highway 211 in Woodburn, Oregon (USGS, Woodburn quadrangle, 1:24,000, photoreviscd
edition, 1985).
Pacific Habitat Services, Inc. [~~
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PACIFIC REALTY ASSOCIATES, L.P.
WOODBURN REATIL CENTER
INTERSECTION OF HWY 99 AND HWY 211/214
STATEMENT OF INTENT
Pacific Realty Associates, L.P ("PacTrust") became involved with the subject property in
1990 through its role as manager ora partnership formed to hold current and former Fred
Meyer properties. Fred Meyer had purchased the property as a potential store site but
never moved forward with development. At 10.36 developable acres the site is now too
small to accommodate a prototype Fred Meyer store. Over the past ten years, PacTrust
has marketed the property for sale and talked to numerous potential buyers. Most
potential buyers want to use just the Highway 99-frontage portion of the property, or
wish to develop the property for such uses as mobile home display or used car sales.
PacTrust has come to the conclusion that the highest and best use for the property is for
development as a grocery-anchored, neighborhood shopping center. Due to that
conclusion, PacTrust purchased the property from the partnership in 1999 and has spent
over a year refining the proposed development. The result is a site plan that minimi?es
disturbance of the wetlands on the property, maximizes site circulation to accommodate
available access to Highways 99 and 2 l 1, and otherwise complies with the City of
Woodbum's approval criteria as set forth below.
PacTrust's intent is to develop a first class neighborhood shopping center anchored by a
full-service national grocery store. The property will have four satellite development
pads, with proposed uses being a freestanding bank, gas station, "small shop" retail
building and fast food. With its key location at the Highway 99/211/214 intersection, the
development will provide convenient services for residents of Woodbum and the
surrounding communities and will be an attractive facet of a key entrance to the City of
Woodburn.
Section 11.070. Criteria for Evaluating a Site Plan
(a) The placement of structures on the property shall minimize adverse impact on
adjacent uses.
The subject property is bounded by Highway 211 to the north, the Woodbum Assembly
Hall (Jehovah's Witnesses) to the south, undeveloped commercial property to the east and
Highway 99 to the west. The Woodbum Assembly Hall boundary is bermed, fenced and
lined with mature trees that screen their property from the subject property. Since the
property is used in a manner consistent with other church facilities, relatively minimal
activity occurs during the week and very heavy activity occurs at assembly times. Since
the grocery store building is oriented at an angle to the Woodbum Assembly Hall
Property and extensive screening already exists, no conflict with their use is anticipated.
Similarly, no conflict is anticipated with the bordering highway and undeveloped
property uses.
10A
(b) Landscaping shah be used to minimize impact on adjacent uses.
The enclosed landscaping plan has been prepared by a professional landscaping architect
and every consideration has been given to the aesthetics and function of the landscaping
to mi~imi?e impact on adjacent uses. Additionally, since much of the property boundary
with the Woodbum Assembly Hall is covered by treed wetlands that will be left in place,
natural screening will also minimize impact on their property. The parking lot has been
landscaped by utilizing islands, and the highway frontage has been buffered with lawn
and street trees.
(c) Landscaping shall be so located to maximize its aesthetic value.
As shown on the enclosed landscaping plan, emphasis has been placed on landscaping at
the highway frontage and in parking lot islands to maximize visibility and aesthetic
contribution of the site landscaping.
(d) Access to the public streets shall minimize the impact of traffic patterns.
possible, direct driveway access shall not be allowed to arterial streets.
possible, access shall be shared with adjacent uses of a similar nature.
Wherever
Wherever
PacTrust has engaged the traffic engineering and transportation firm of Kittelson &
Associates, Inc. to prepare an operations analysis and access plan (the "Access Plan") for
the subject property. A copy of the Access Plan (dated April 4, 2000) is enclosed and
addresses these issues in detail.
(e) The design of drainage facilities shah minimize the impact on the City's or other
public drainage facih'ties.
Applicant will construct a new storm drainage facility from the site to an outfall point
approximately one mile to the east along Highway 211. This facility will be adequate to
handle the drainage requirements of the development and, subject to cost sharing
agreements, additional capacity requests of the City of Woodbum and the Oregon
Department of Transportation.
60 The design encourages energy conservation, both in its siting on the lot, and its
accommodation of pedestrian and bicycle traffic.
The primary energy consumer at this development will be the grocery store building, with
high energy demands for cooling purposes. The natural shade provided by the adjacent
wetlands trees will help reduce the energy demands for cooling this building. Also, aas
shown on the enclosed site plan, pedestrian connections between the proposed buildings
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and Highway 99 and Highway 211 have been established and bicycle racks have also
been located under the building canopies. These design elements will encourage and
facilitate energy consumption.
(g) The proposed site development, including the architecture, landscaping and graphic
design, is in conformity with the site development requirements of this Ordinance and
with the standards of this and other ordinances insofar as the location and
appearance of the proposed development are involved.
PacTrust and its architect have reviewed the City of Woodburn's ordinances and
represent that, to the best of their knowledge, the proposed site development conforms
with this Ordinance and other relevant ordinances.
(It) The location, design, color and exterior of the exterior o fall structures and signs are
compatible with the proposed development and appropriate to the character of the
immediate neighborhood.
The immediate neighborhood of the subject property is a mix of commercial, retail,
industrial and special uses with a wide variety of architecture, material types and signage
used. The subject property will be developed in a first-class manner, with buildings
utilizing masonry and synthetic stucco in tasteful, earth-toned colors.
Signage will be professionally manufactured and installed in accordance with City code
and developer criteria. No flashing signs or garish color or copy will be allowed.
Banners and sandwich boards will be prohibited.
Since the neighborhood is a mix of commercial uses, the development and design of the
shopping center in a first class manner will ensure that the development is consistent with
and enhances the character of the immediate neighborhood.
02-26-01 04:58PM FROtA-ST~L RIVES 503-220-2480 T-800 P.02/07 F-643
STOEL RIVES
· *x~w lqlrl~ AvRt~U~..e~fzt 7.C00
February 26, 2001
Direct Dtul
(503) 29$c-919~
ems3 merobmson~norl
VIA FACS1MH_ .E
Mr. James P. Muldcr, Acting Director of Community Development
City of Woodburn Community Development Deparunent
270 Montgomery Street
Woodbum, OR 97071
Re: Request for Variances to City of Woodburn Sign Ordinance
Dear Jim:
This office represents the applicant, PacTrust. This letter requests that the City
approve six (6) variances to City Ordi_n_an. ce 2092 regulating signs.
1. Description of pro~sed si_sas.
The applicant proposes the following signs associated with the Woodbum Retail Center
Development:
A. North elevation of proposed Safew_av__store.
Sign 1: Red 'S", 30 square feet (6 feet by 5 feet)
Sign 2: "Safeway", 121 square feet, (30 feet 2 inches by 4 feet).
UZ-~b-Ul U4:~U~M ~KUM-~IUP. L ~lV~ T-800 P.O3/OT F-643
STOEL RIVES
Mr. James P. Muldet, Acting Director of Community Development
February 26, 2001
Page 2
10A
B. West Elevation of Safeway store.
Sign 3: Red 'S", 30 square feet (6 feet by 5 feet).
Sign 4: 'Safeway Food and Drug' 186 square feet.
Sign 5: Red "S" 42 square feet, (7 feet by 6 fee0.
C. Gas station pylon sign.
Sign 6:52 square feet (20 feet by 10 feet 8 inches) 20 feet high.
D. Cemer pylon sign.
Sign 7:29 feet by 10 feet 8 inches (147 square fca) 29 feet high.
E. W..a!_l ~i_gns for business other than Safeway_store.
Sign 8: Wall signs adjacent to street and parking lot for building 3.
Sign 9: Wall signs adjacent to street and parking lot for building 4.
Sign 10: Wall signs on building 2 adjacem to street and parking lot.
2. Woodburn Zoning Ordinance ("WZO"} _ ~re~luiremenrs for si~.
Ordinance number 2092 controls signs in the city of Woodbum. Although this
property is zoned CR and CO. section 12 of the Ordinance, 'Signs Allowed for an Integra, ed
Business Center', control this application. This section provides for the following signs:
· One freestanding sign with a maximum 150 square foot area limited to 35 fc~ in
height.
· One wall sign for each i.n_.dividual business fronting on a street or parking lot
l!mi_ted to 30 square fee~ of 1 square foot per foot of fromage on a street or
par_king lot, whichever is greater.
Polll~ll-2f16.5802 1 0075'701-111Z15
OZ-Z6-OI 04:58fll Fi~I4-$TOEL ItlVE$
$03-ZZO-Z400
STOEL RIVES
Mr..lames P. Mulder, Acting Director of Comm~m!ty Development
February 26, 2001
Page 3
T-800 P.04/07
F-643
10A
Because of the Code requirements, the applicant requires variances to allow [he
following:
five (5) wall si~s where one is allowed on the Safeway store.
A second freestanding sign for the Safeway gas station.
An additional wall sign for each business in buildings 2, 3 and 4 so that the
businesses have signage on both the slxeet and parking lot frontages.
3. Variance criteria.
Section 14 provides for variances w be processed in accord~oce with the variance
procedures ia the WZO. WZO section 13 governs variance procedures.
Section 13.020 contains six (6) criteria for granting the variances. The criteria and the
justification for each are shown below.
13.020(a): "That there are unnecessary, unreasonable hardships or practical
difficulties which can be relieved only by modifying Rte literal requirements of
be Ordinance.
RESPONSI~:
The umeasonable hardships are practicable diffu:nlfies in this application are two-fold.
First, two freestanding signs are necessary for the center: one for the service station ~.n.d one
for the center businesses. No service station operates without a highly visible sign. The
second unreasonable hardship or practicable difficalty is that each business in buildings. 2, 3
and 4 requires a sign on the sweet and parking lot frontage. Without a sign on each side of
each business, the public is not apprised to the location of the business.
The sign ordinance limits wall signs in an integrated business center. Were mis
property developed not as an integrated business center, the sign ordinance would allow two
wall signs for each business. Further. the sign ordimnce wottld allow one projecting or
freestanding sign per business. In other words, the applicant would be able, by not developing
this center as an integrated business center, to have far more signs flum allowed under the
Code. This is an unreasonable hardship or practicable difficulty [hat can be relieved only by
modifying the literal requirements of the ordinance, The P!ann!_ng Commission should find
u~-~b-Ul U4:~UP'M P~UM-~II3EL RIVES
5O3-ZZO-Z4$O
STOEL RIVES
Mr. James P, Mulder. AcT~g Director of Com__m_uni~y Developmem
February 26, 2001
Page 4
T-800 P.05/OI
F-$43
that where a business is adversely affected by location in an integrated business center in [erms
of sign. oge, a variance is justified.
Section 13.020(b): "That there are exceptional or extraordip, ary circumstances
or conditions applying w the land, buildings, or use referred to in the
application, which circumstances or canditions do not apply generally to land,
buildings or uses in the same District: however, non-confo _rm. Ln_g land uses or
swactm-es in the vicinity shall not in themselves constitute such circumstances or
conditions."
RESPONSE:
The exceptional or extraordinary circumstances is one applying to the use referred m in
the application. The proposed use is an integrated business center. In general, the
circumstances or conditions applying to an integrated business center do not apply generally to
land, buildings or uses in the s_am..e district. In other words, uses in the CO and CR zoning
district could be developed outside of an integrated business center and not be subject to the
l,_'.m.i_tafions because of r.Mt provision.
Section 13.020(c): "That granting the application will not be materially
detrimental to the public welfare of be injurious to property or improvements in
the neighborhood of the premises."
RESPONSE:
Granting the variances will nor be materially den'imental to public welfare. The public
welfare is furthered by allowing well placed signage m inform the public habilimtion of
businesses. Neither will the variance be injurious m property or improvements in the
neighborho~. The 'additional wall signs for each business face into the parkLqg lot, not m
adjacent properties. The adjacent wall signs allowed for the Safeway building are consistent
with the construction of all Safeway stores. Finally, the addition, a! freestanding sign allowed
for the Safeway gas station provides notice to the public of the location a_-_d price of gasoline.
l~xu.al-2~.l 007S701-00233
OZ-Z6-O! 04:SOPM FROM'STOL RIVES
503-220-2480
STOEL RIVES
Mr. J~_m. es P. Mulder, Acting Director of Commuaity Development
February 26, 2001
Page ~
T-800 P.06/07
F-643
10A
Section 13.020(d): 'That such Variance is necessary for the preservation and
enjoymeat of the substantial property right of the petitioner."
RESPONSE:
A substantial property right of the petitioners to have thc same signage is allowed for
other developments. Were this property not developed in an integrated business center, thc
applicant would not need a variance. This is a subsumtial property right.
Section 13,020(e): 'The granting of the application will not, under the
circu_m_.~ces of a particular case, adversely affect the health or safepy of
persons working or residing in the neighborhood of the property of the
applicant."
RESPONSE:
The variances will not adversely affect the health and safety of persons wor~ng or
residing in the neighborhood.
Section 13.020(0: ' That the gr~a6_~g of the application will be in general
harmony with the intent and purpose of this Ordinance and will not adversely
affect any officially adopted Comprehensive Plan."
RESPONSE:
The inrnrnrnrnrnrnrnrnrn~nt and purposes of the zoning orOi,.a, nce is to regulate uses wit_h.i, the city of
Woodburn and, pursuant to applicable variance criteria, grant vari~ces when necessary TO
ameliorate in equities. In this case, the unusual result of the imcgrat~l business center is to
!!mi_t unaecessarily the amount and kind of signage in a way that detrimental not only to the
public but to the property owner. There wilt be no ~verse affect on any portion of the
comprehensive plan.
For these reasons, the applicant requests that the Pla_n_n.i. ng Commission grant the
following vaxiaaces:
To allow six (6) wall signs nor exceed~ the square footage permitted in section
12 where one il) wall sign is allowed on the Safeway store.
OZ-Z6-OI O4:Sg?M FROM-STOEL RIVES T-800 P.OU07 F-643
503-ZZ0-2480
STOEL RIVES
Mr. James P. Muld~, Acting Director of Communiw Developme~
FebrmLry 26, 2001
Page 6
10A
To allow a freestanding sign for ~e Safeway service station not exceeding 150
square feet in height.
To allow a second w~l stgn for e~u;h business in buildings 2, 3 and 4 not
exceeding 30 square feet each.
Please provide me with copies of all notices of public hearing, stuff repons and
corresponflence conce~__i__n_g ~.bi-~ application. My client would like tiffs application to be heard
currently with the Site P!a.n. Review application scheduled to be heard by the Pl.u..n..ni.ng
Co_remission at its public hearing on March 22, 2001.
Very n'uly yours,
Michael C. Robinson
MCR:Ids
cc: Mr. Andrew Jones (via facsimile)
KITTELSON & ASSOCIATES, INC.
TRANSPORTATION PI..ANNING/'rRAFRC ENGINEERING
610 SW ALDER, SUITET00 · PORTLAND, OR97205 - (503)228-5230 · FAX(503)273-8169
January 5, 2001
Project #3479
Mr. Andrew Jones
PacTrust
15350 S.W. Sequoia Parkway, Suite 300
Portland, OR 97224
RE: Woodburn Retail Center - Operations Analysis on Preferred Access Plan
Dear Andrew:
Kittelson & Associates, Inc. has prepared this final traffic impact analysis for the
proposed Woodbum Retail Center project located on the southeast quadrant of the
Highway 99F_JHighway 211/Highway 214 intersection in Woodbum, Oregon. This
analysis includes a review of existing traffic operations, 1999 Oregon Highway Plan
access policy, and forecasted year 2001 total traffic operations under the preferred access
scenario. We have also identified and analyzed potential mitigation measures at the
intersection of Highway 99E/Highway 211/I-Iighway 214 to improve future traffic
operations assuming development of the proposed site. Figure I shows a general site
vicinity map.
The impacts of the proposed site development on the existing transportation system were
analyzed according to the following 1999 Oregon Highway Plan standards:
· Volume-to-capacity ratio of 0.75 for regional highways (Highway 99E) and 0.80 for
district highways (Highway 211) for a posted speed of 45 miles per hour or greater.
· Access management spacing standards of 750 feet (minor deviation to 460 feet) for
regional highways (Highway 99E) and 500 feet (minor deviation of 400 feet) for
district highway (Highway 211) for posted speed of 45 miles per hour or greater.
· Signal spacing standards of IA mile for regional and district highways.
Project Summary
The proposed site contains 10.97 acres of partially developed land zoned for general
commercial use. The western half of the site abutting State Highway 99E is currently
undeveloped and includes approximately 0.45 acres of wetlands. The eastern half of the
site abutting State Highway 211 is a closed drive-in theater with concession stand. The
proposed site development is for a grocery store-anchored neighborhood shopping center
that would require demolition of the drive-in theater, and leave most of the wetlands
intact. This proposed retail center is allowed under the City of Woodbum's general
commercial zoning designation for the property. The following is a summary of our
findings and recommendations.
H :Xprojfile~34 79~r e~4 79~.d~
NORTH
(NOT TO SCALI~)
WHISKEY HILL ED
'SITE
SITE VICINITY MAP
PACTRUST WOODBURN RETAIL CENTER F1GUR£ II~
WOOOBURN, OREGON 1
Woodburn Retail Center Project ~479
a~, ~, a~o~ ~,:, 10A
Findings:
· The Highway 99FJHighway
211/Highwyay 214 intersection currently operates at
level-of-service C and a volume-to-capacity ratio of 0.91 during weekday p.m. peak
hour conditions.
The Woodbum Retail Center is estimated to generate approximately 645 net new trips
(325 inbound - 320 outbound) during the weekday p.m. peak hour.
Under year 2001 total traffic conditions, the Highway 99F_,/site access intersection is
forecast to operate acceptably as a right-in, right-out, left-in intersection.
Under year 2001 total traffic conditions, the Highway 211/site access intersection is
forecast to operate at level-of-service F. Under full site development MIJTCD signal
warrants 1 and 11 are met at the Highway 211/site-access intersection; however, a
signal is not permitted at this location because access does not meet ODOT's
minimum signal spacing requirements.
Under year 2001 total traffic conditions and existing lane configurations, the
Highway 99F_JHighway 211/Highway 214 intersection is forecasted to operate at
level-of-service E and a volume-to-capacity ratio greater than 1.0 during the weekday
p.m. peak hour. The expected vehicle queues along the northbound and westbound
left-mm approaches are expected to interfere with the operations of both site access
driveways. By adding second northbound to westbound and westbound to
southbound left-mm lanes, the intersection is expected to operate at level-of-service
D and a volume-to-capacity ratio of 0.93 during the weekday p.m. peak hour
conditions. In addition, vehicle queues will be reduced to allow for better site access
driveway operations.
Recommendations:
* To improve forecast p.m. peak hour traffic operations at the intersection of Highway
99E/I-l/ghway 211/Highway 214, and accommodate future vehicle storage
requirements at the site access driveways, it is recommended that the applicant
provide additional northbound to westbound and westbound to southbound left-turn
lanes at the Highway 99F_/Highway 211/Highway 214 intersection.
· To facilitate safe and efficient traffic operations at the northbound approach to this
intersection, ODOT should convert the site access along Highway 99E within the
southwest quadrant closest to the Highway 99E/Highway 211/Highway 214
inter~ection to a right-in right-out access.
EXISTING CONDITIONS
Site Conditions and Adjacent Land Uses
Field observations were conducted in November 1999 to determine the traffic conditions
in the site vicinity. The primary roadway facilities providing access to the proposed site
are the Pacific Highway 99E and Woodbum-Molalla Road (State Highway 211).
Adjacent land uses' include light industrial and retail to the north, the Woodbum
Assembly Hall to the south, retail to the west and residential to the east.
Januar~ $~ ~JO~ Page: 4
Transportation, Pedestrian, and Bicycle Facile'es
Highway 99 East (Pacific Highway) is classified as a Regional Highway with a posted
speed limit of 45 miles per hour, a cross section of five lanes with sidewalks, bike lanes,
and no on-street parking. Highway 211 (Woodburn-Molalla Road) is classified as a
District Highway with a posted speed limit of 45 miles per hour, a cross section of two
lanes with no sidewalks, bike lanes, or on-street parking. Lane configurations and traffic
control devices at the study intersections are summarized in Figure 2. The existing
transportation facilities are summarized in Table 1.
Table 1
Existin~ Transportation Facilities
' .Posted Speed On-Street
Street Name Classification (mph) Sidewalks Bike Lanes Parkint~
Highway 99E Regional Highway 45 Yes Yes No
Highway 211 Disuic~ Highway 45 No No No
Existing Traffic Volumes and Peak Hour Operations
The weekday p.m. peak hour was chosen as the analysis period because it represents the
peak period of demand on the existing transportation system. Weekday p.m. peak hour
traffic counts were conducted in November 1999 at the Highway 99E/Highway
211/I-Iighway 214 intersection. Results from the counts indicate that the evening peak
hour occurs between 4:15 and 5:15 p.m. At ODOT's request, the November traffic
counts were increased by 14% to account for a seasonal summer weekday p.m. peak hour
adjustment. This factor was developed based on historic traffic volumes. Figure 3 shows
the resulting adjusted summer weekday p.m. peak hour traffic volumes. All traffic
volumes in this report have been rounded to the nearest five vehicles. Attachment "A"
contains the traffic count data used in this study.
A saturation flow study was conducted at the intersection of Highway 99E/Highway
211/Highway 214 in March 2000. The movements evaluated were the southbound
through movement along Highway 99E and the northbound left-mm movement from
Highway 99E to Highway 214. The average through and left-mm saturation flow rates
observed during the study were 1,900 and 1,785 vehicles per hour, respectively. This rate
includes the effect of heavy vehicles. A saturation flow rate of 1,800 vehicles per hour
was used for all left and right-turn movements excluding the northbound left-mm
movement, where 1,785 vehicles per hour were used.
The Highway 99E/Highway 211/Highway 214 intersection was analyzed using the
adjusted summer weekday p.m. peak hour traffic volumes using both the SICK:AP model
preferred by ODOT and the TRAFFIX model which uses the 1997 Highway Capacity
Manual (HCM) methodology. Figure 3 illustrates the existing traffic volumes, level-of-
service, and volume-to-capacity ratio during the p.m. peak hour at the Highway
99E/Highway 211/Highway 214 intersection using HCM procedures. Attachment "B"
contains a description of the Level of Service Concept and a breakdown of each level of
service for both signalized and unsignalized intersections.
10A
NORTH
(NOT ~ SCX~
-,tt
..L -- STOP SIGN
- TRAFFIC SIGNAL
EXISTING LANE CONFIGURATIONS
AND TRAFFIC CONTROL DEVICES
PACTRUST WOODBURN RETAIL CENTER RGUR£ ~
WOOOBURN, OREGON 2
JANUARY 2001
~7gFIO;
NORTH
(NOT TO SCALE
-./ LOS=C
210 ~ Del=~.7',~-- 220
270'~V/C=0.91/~"' 115
CM ,= CRITICAL MOVEMENT (UNSIGNN.IZEO)
cos - ~rrER~ cea~. o~ s~'~c~ (sr~,~Eo)/
CRI11CAL MO~:J~ENT LEVEL OF SERVICE
(UNS~,N~Zm)
CIaTICAI. UOVDaENT OB.AY
v/c - ~ VOUJUE-TO-CAPACIIY RATIO
1999 ADJUSTED TRAFFIC VOLUMES
AND LEVELS OF SERVICE
WEEKDAY PM PEAK HOUR
PACTRUST WOODBURN RETAIL CENTER F~GURE
WOOOBURNt OREGON
JANUARY 2001
Vlloo~ffDt.#'n Rs~sJl Cenl~r Pt'oll~ $479
.~.~r s, .~o~ $~,: z IOA
As shown in Figure 3, the existing condition HCM analysis indicates that the Highway
99E/Highway 2Il/Highway 214 intersection operates acceptably during weekday p.m.
peak hour conditions. The analysis revealed that the intersection operates at level-of-
service C with a volume-to-capacity ratio of 0.91. Using SIC, CAP the intersection
operates at level-of-service D with a volume-to-capacity ratio of 0.82. Attachment "C'
contains all TRAFF1X level-of-service worksheets from this anal)sis. Attachment "D"
contains ali SIGCAP worksheets from this analysis.
TRAFFIC IMPA CT ANAL YSIS
Proposed Development Plans and Access Locations
The site development plans include a 57,860 square-foot supermarket, 2,120 square-foot
fast food restaurant, 12,000 square-foot office building, 4,600 square-foot drive-in bank
and a ten-pump gasoline/service station. Figure 4 shows a schematic of the currently
proposed site access plan.
Two access points are planned for the site. The access along Highway 99E is proposed to
be unsignalized, with right-in, right-out, left-in access. It is located approximately 485
feet (center-to-center) south of the Highway 99F_JHighway 211/I-Iighway 214
intersection. This access driveway will be developed opposite an existing driveway that
provides access tO several retail stores. The second access is planned to be an
unsignalized full-access driveway along Highway 211, approximately 410 feet (center-to-
center) east of the Highway 99F_/Highway 21if Highway 214 intersection.. This access
driveway along Highway 211 is to be developed opposite an existing driveway within
that location.
Trip Generation
Trip generation estimates for the proposed site were derived from empirical observations
at other similar land uses. These observations are summarized in the standard reference
manual, Trip Generation, 6e" Edition, published by the Institute of Transportation
Engineers (1TE), 1997 (Reference 1). A pementage of these trips can be classified as
pass-by trips (trips currently existing on the adjacent roadways that would be drawn to
the new development) as well as internal trips (trips generated to the other retail uses
within the development that result in one joint trip to the site). To quantify the impact of
these pass-by trip and internal trips, reduction factors for these land uses were obtained
from the Engineers' Trip Generation Handbook (Reference 2). Table 2 summarizes the
estimated site trip generation during a typical weekday as well as during the weekday
p.m. peak hour (all trip ends shown in Table 2 have been rounded to the nearest five
trips).
Z
n"z
~0
On'
WoodZx~rn Remff Center Project 3479
Januar~ 5~ 200~ Page: ~
Land Use
Supermarket
Internalization (10%)
Pass-by trip reduction (3596)
Fast Food Restaurant w/D-T
Internalization (10%)
Pass-by trip reduction (45%)
Specialty Retail*
Internalization
Pass-by trip reduction
Drive-in Bank
Internalization (10%)
Pass-by trip reduction (45%)
Gasoline/Service Station
Internalization (10%)
Pass-by trip reduction (40%)
Video Store
Internalization (10%)
Pass-by trip reduction (35%)
Total Trips
Total Internal Trips
Total Pass-by Trips
Net New Trips
NA = Not Available
Table 2
D Generation
Size
57,
2,120 $.F.
7,800 S.F.
Daily
Trips
NA
1,050
(105)
(425).
NA
Weekday PM Peak
Hour
Total
620
(60)
(195)
70
(lO)
(30)
20
4,600 S.F.
I0 pumps
4,200 $.F.
1,190 250
(120) (30)
(480) (lO0)
1,685 145
(170) (15)
(6O5) ($0)
NA 50
(lO)
(lo)
1,155
125
385
* Internalization and pass-by trip reductions were not applied due to the low Uip generafiou.
As shown in Table 2, the proposed Woodbum Refail Center is estimated to generate
approximately 645 net new trips (325 inbound - 320 outbound) during the weekday p.m.
peak hour.
Trip Distribution/Assignment
The site-generated trips were assigned to the roadway system according to existing
turning movement patterns at the Highway 99F_/Highway 211/Highway 214 intersection
and the distribution of residential development in the surrounding area. Figure 5 shows
the estimated trip distribution and Figure 6 provides an assignment of sim-generated
traffic volumes on the roadway system.
Year 2001 Total Traffic Analysis
The purpose of this analysis was to identify future (opening day) traffic operations at the
study intersections with the proposed site developed. In order to determine year 2001
total traffic volumes, the adjusted summer weekday p.m. peak traffic volumes shown in
10A
NORTH
(.OT ~'0 SC.~)
HILL RO
SITE
ESTIMATED TRIP DISTRIBUTION
PACTRUST WOODBURN RETAIL CENTER ROURE ~]
JANUARyWOOOBURN'2001 OREGON 5
347gF10~
NORTH
(HOT TO ~
-20 ~
f~
-20
NOTE: NEGATIVE TRAFFIC VOLUMES REPRESENT PASS-BY TRIPS
SITE-GENERATED TRAFFIC VOLUMES
WEEKDAY PM PEAK HOUR
PACTRUST WOOOBURN RETAIL CENTER FIGURE
WOOOEIURN, OREGON 6
JANUARY 2001
CM=NBLT
o o
NORTH
(NOT TO SCALE)
Cld=WBRT
LOS=8 ~ 1
Del= 1
V/C=0.28
cu - c, Rmc~ UOV~UD~T (UNS~ON~ZE:D)
LOS - INTERSECTK)N LEVEL OF SERVICE (SIGNALIZED)/
CRITICAL MOVEIdENT LEVEL Of' SERSACE
(U~G~U~UZED)
Oel ,,, INTERSECTION AVERA~ O(I,~,.Y (~.IZED)/
v/c' CRmC~ ~ Oa.~Y
2001 TOTAL TRAFFIC CONDITIONS
WEEKDAY PM PEAK HOUR
PACTRUST WOODBURN RETAIL CENTER FIGURE
WOOOBURN~ OREGON 7
JANUN~ 2001
547gF10,
Figure 3 were added to the site-generated volumes shown in Figure 6. Figure 7 shows
the year 2001 total traffic volumes during the weekday p.m. peak hour, and also provides
the levels-of-service results at the study intersections based on the HCM analysis.
Analysis of the total traffic scenario revealed that the intersection of Highway
99F_JI-Iighway 211/Highway 214 would operate at level-of-service E, with a volume-to-
capacity ratio greater than 1.0 using HCM analysis procedures, and F and greater than 1.0
using SIGCAP. The HCM analysis also indicates that the Highway 211/site-access
intersection will operate at level-of-service F and a volume-to-capacity ratio of greater
than 1.0, with the critical movement being the northbound left-mm movement. In
addition, Figure 7 shows the Highway 99F_Jsite-access intersection will operate at level-
of-service B and a volume-to-capacity ratio of 0.28.
Vehicle Queuing
To verify that sufficient storage capacity is available to accommodate the northbound
left-mm at the Highway 99E/I-Iighway 211/ Highway 214 intersection and the
southbound left-mm at the Highway 99E/site-access intersection, a back-to-back queuing
analysis was conducted. Under year 2001 p.m. peak hour conditions, approximately 450
feet of vehicle storage is needed between these intersections to provide adequate
operating conditions for both left-mm movements. Approximately 300 feet is needed for
the northbound left-mm from Highway 99E to Highway 214 and 50 feet for the
southbound left-mm from Highway 99E to the site-access. In addition, approximately
100 feet of taper length is required.
The available storage provided under the proposed site-access location along Highway
99E is approximately 420 feet between the Highway 99E/Highway 211/I-Iighway 214
intersection and the Highway 99E/site-acess intersection. Based on the back-to-back
queuing analysis results, this is insufficient to accommodate the 450 feet needed for both
left-mm lane storage bays and the 100 feet taper length.
Similarly, a separate queuing analysis was conducted to verify that sufficient storage
capacity is available to accommodate the westbound left-turn at the Highway
99F_JI-Iighway 211/Highway 214 intersection. Under year 2001 p.m. peak hour
conditions the westbound left-mm vehicle queues are expected to be approximately 250
feet. However, with a heavy westbound left-mm vehicle demand being served by a
single left-tm lane and overall inadequate operation of the intersection, westbound left-
turn vehicle queues are expected to extend beyond 250 feet during peak conditions.
Attachment "E" contains all Signalized Queuing Analysis worksheets.
Mitigation
To alleviate the expected operational problems at the Highway 99F_/Highway
211/Highway 214 intersection during year 2001 total weekday p.m. peak hour conditions,
it is recommended that second northbound to westbound and westbound to southbound
left-tums lanes be constructed. With dual westbound left-mm lanes, protected signal
phasing would also be required.
Figure 8 shows the proposed mitigation Ixeatments and Figure 9 shows the resulting 2001
total conditions traffic operations during weekday p.m. peak hour conditions. With these
mitigations the Highway 99F_/I-Iighway 211/Highway 214 intersection is expected to
operate at level-of-service D and a volume-to-capacity ratio of 0.93.
By adding the second northbound to westbound and westbound to southbound left-turn
lanes, vehicle queues will reduce. The northbound left-turn storage is expected to reduce
from approximately 300 feet to 200 feet, thus eliminating the back-to-back queuing
conflict caused by the proposed southbound left-turn at the Highway 99F_Jsite-aceess
intersection. However, this also creates a potential conflict area for vehicles exiting left
from the site access located along the west side of Highway 99E and vehicles utilizing
the northbound double left-turn lanes. Converting the full access driveway located along
the west side of Highway 99E to right-in right-out would eliminate the conflict area
within the double left-mm storage lanes.
In addition, with the dual westbound left-turn lanes and protected signal phasing, the
conflict area between the westbound left-turn queues and the Highway 211/site-access
intersection would be eliminated.
Signal Warrant Analysis
Manual of Uniform Traffic Control Devices (MUTCD) signal warrants, analysis was
conducted using year 2001 total traffic Volumes at the Highway 211/site-access
intersection. The MUTCD signal wawant analysis looked at wawant I 0VIiBimum
Vehicular Volume), warrant 2 (Interruption of Continuous Traffic), and warrant 11 (Peak
Hour Volume). MUTCD signal warrants 1 and I 1 were met. According to the 1999
Oregon Highway Plan, Highway 211 is classified as a district highway and requires a
minimum signal spacing of ¼ mile. Attachment "F" contains all MUTCD Signal
Warrant Analysis worksheets.
- tt?
LEGEND
jF7 - WOODBURN RETAIL
CENTER MmGATION
..e_ . STOP SIGN
TRAFFIC SIGNAL
2001 MITIGATED LANE CONFIGURATIONS
AND TRAFFIC CONTROL DEVICES
PACTRUST W(:X:)DBURN RETAIL CENTER F~3URE ~['"~'~
WOODBURN, OREGON 8
CM=NSLT
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CM - CRITICN. MOVEMENT (UNSI~Z£D)
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2001 TOTAL TRAFFIC CONDITIONS
WITH MITIGATION
WEEKDAY PM PEAK HOUR
PACTRUST WOODBURN RETAIL CENTER FIGURE: ~
WOODBURN, OREGON 9
..T479\QW(~~.T479F 109
Woodburn Retail Cetlter Project 3479
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CONCLUSIONS AND RECOMMENDATIONS
Based on the results of the analysis summarized in this letter, the following findings and
recommendations can be made regarding the transportation-related impacts of the
proposed Woodbum Retail Center on the surrounding transportation system.
Findings:
· The Highway 99E/Highway
211/Highwyay 214 intersection currently operates at
level-of-service C and a volume-to-capacity ratio of 0.91 during weekday p.m. peak
hour conditions.
The Woodbum Retail Center is estimated to generate approximately 645 net new trips
(325 inbound- 320 outbound) during the weekday p.m. peak hour.
Under year 2001 total traffic conditions, the Highway 99E/site access intersection is
forecast to operate acceptably as a right-in, right-out, left-in intersection.
Under year 2001 total traffic conditions, the Highway 211/site access intersection is
forecast to operate at level-of-service F. Under full site development MUTCD signal
warrants 1 and 11 are met at the Highway 211/site-access intersection; however, a
signal is not permitted at this location because access does not meet ODOT's
minimum signal spacing requirements.
Under year 2001 total traffic conditions and existing lane configurations, the
Highway 99F_A-Iighway 211/Highway 214 intersection is forecasted to operate at
level-of-service E and a volume-to-capacity ratio greater than 1.0 during the weekday
p.m. peak hour. The expected vehicle queues along the northbound and westbound
left-mm approaches are expected to interfere with the operations of both site access
driveways. By adding second northbound to westbound and westbound to
southbound left-mm lanes, the intersection is expected to operate at level'Of-service
D and a volume-m-capacity ratio of 0.93 during the weekday p.m. peak hour
conditions. In addition, vehicle queues will be reduced to allow for better site access
' driveway operations.
Recommendations:
· To improve forecast p.m. peak hour traffic operations at the intersection of Highway
99F_/Highway 211/Highway 214, and accommodate future vehicle storage
requirements at the site access driveways, it is recommended that the applicant
provide additional northbound to westbound and westbound to southbound left-mm
lanes at the Highway 99E/Highway 211/Highway 214 intersection.
· To facilitate safe and efficient traffic operations at the northbound approach to this
intersection, ODOT should convert the site access along Highway 99E within the
southwest quadrant closest to the Highway 99F_JHighway 211/I-Iighway 214
intersection to a right-in fight-out access.
We trust that this letter addresses the transportation issues associated with the
development of the proposed Woodbum Retail Center in Woodbum, Oregon. Please call
us if you have any questions.
Sincerely,
N AND ASSOCIATES, INC.
Associate Engiheer
Anthony Yi
Transportation Analyst
Attachments:
"A" - Traffic Count Data
"B" - Level-of-Service Criteria
"C" - Level-of-Service Worksheets
"D" - SIGCAP Worksheets
"E" - Signalized Queue Analysis Worksheets
"F' - M[YrCD Signal Warrant Analysis Worksheets
References:
1. Institute of Transportation Engineers. 1TE Trip Generation Manual,
Sixth Edition. 1997.
2. Institute of Transportation Engineers. Trip Generation Handbook. 1998.
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Exhibit "C"
IOA
WOODBURN PLANNING COMMISSION
March 22, 2001
CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young
presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Young P
Cox A
Fletcher A
Miller P
Lima P
Mill P
Bandelow P
Lonergan P
Heer A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Chairperson Young provided an opening statement for Public Hearing.
MINUTES
A_~. Minutes of March 8, 2001 Planning Commission Meeting (will be available at the April t2,
2001 meetinq)
Staff explained the minutes are not available at this time because the department secretary has been out
on disability and will not return until Apd110~. He indicated they will find a way to get the March 8"~ minutes
for the next meeting.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A__=. City Council Minutes of February 26, 2001
PUBLIC HEARING
A_~. Site Plan Review 00-12, Variance 01-04 and Partition 01-01, request site plan review approval
of a 57,860 square foot grocery store, a 12,000 square foot retail building, a 4,000 square foot
bank, a 2,120 square foot drive-thru restaurant, and a service station as well as approval of
three variances related to signage and approval of a partition of the 10.36 acre site to allow
three existing lots to be consolidated into one parcel, located at the southeast corner of the
intersection of Highway 99E and Highway 211, Pacific Realty Associates, applicant.
Ex Parte Contacts
Commissioner Lima reported he visited the site. He also indicated he had a brief discussion with some of
the residents of the area regarding the location of the stores but commented he has no bias.
Commissioner Loner,qan announced he and his family have been prior owners of this property. He stated
he sold the property back in 1980 and leased it back for ten years until 1990. Since then he has absolutely
no financial interest in the property and he believes he can be somewhat unbiased on this. Commissioner
Lonergan stated for the record that his personal knowledge is that it has the cleanest soil in the State of
Oregon.
Planning Commission Meeting - March 22, 2001 Page 1 of l 0
IOA
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
indicated it is a good project and complies with all municipal code requirements and policies. Staff
recommended approval subject to the conditions outlined in the Staff Report.
Commissioner Mill asked if there are any potential lane improvements particularly with the left tum lane in
the southbound traffic area coming down from the Hubbard/Aurora area?
Staff responded he does not believe there are any improvements proposed for the north side of that
intersection. He indicated ODOT's improvement comments includes signal improvements, installation of
a raised median, a deceleration lane for turning right into the site. A full width improvements will be required
along Highway 211 on both sides and there will be some widening of Highway 99E to accommodate the
deceleration lane.
Commissioner Mill commented this is one of the best Staff Reports he has seen to date. He praised Staff
for the excellent job done.
Commissioner Loner.clan inquired what type of signage will be utilized?
Staff answered it is classified as a directional sign. He cladfied it is a free-standing sign. Staff stated the
sign will be located on the east side at the 211 driveway. The pylon sign will be located at the intersection
of the Highway. Staff reported there will be three free-standing signs, one being the integrated business
center free-standing sign and the other signs will be the smaller directional signs at the driveway locations.
Testimony by ADDlicantCs)
Andrew Jones, Pacific Realty Association, 15350 SW Sequoia Parkway, Suite 300, Portland, OR 97224
reported he is the Vice President and in-house counsel with Pac Trust, the developer of the property. He
thanked the City Planning & Public Works Staff for their help and professionalism with this project. Mr.
Jones stated Pac Trust is a Portland based real estate owner, developer and manager. He indicated they
are known as "merchant builders" in which they do not build projects to sell but to hold them. Mr. Jones
explained the Oregon and Washington Public Employees Retirement fund are their limited partners and look
to them to invest their retirement money in real estate. Mr. Jones said Staff has addressed all the issues
as it pertains to this project
Commissioner Lima referred to Commissioner Mill's concerns regarding the left turn lane in the southbound
traffic area. He indicated in reviewing the traffic reports contained in the Staff Report, it appears to him that
the area will be a bottleneck.
Andrew Jones replied 20 percent of their trips are estimated to come from that direction. He stated they had
applied to ODOT for a left in access on Highway 99 and due to safety concerns ODOT elected not to grant
that access.
Commissioner Lima inquired why is the applicant leasing and not buying the detention pond? Additionally,
he asked where is the exit located for the tankers?
Andrew Jones responded they are leasing the detention pond for economic reasons. He reported this is a
very expensive site and to date they have spent $700,000 on the storm sewer and quite a bit of money on
consultants. In reference to the tanker exit, he reported the tankers would continue to loop on around behind
the Safeway and then exit out to Highway 99E.
Commissioner Lima also asked when does the applicant plan on starting construction?
Andrew Jones answered they would like to start right away assuming they have Commission approval
without any objections beyond the appropriate appeal pedod. He mentioned rough grading and utility
Planning Commission Meeting - March 22, 2001
Page 2 of 10
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trenching would start as soon as the weather permits. They would like to be able to deliver a buildable pad
to Safeway the 1'~ of July and have them open by late fall. Mr. Jones reported the cost to date for site work
and then go on and grade, put in utilities and provide building ready pads is 3.2 million dollars. He stated
they are projecting about $125 per square foot for the shop building as construction costs. Mr. Jones could
not comment regarding the cost for the Safeway building but indicated Jeff Parker with Safeway would be
able to answer that question.
Commissioner Lima questioned whether the number of Safeway employees will increase or remain the
same over time?
Andrew Jones replied over time there will be an increase in the number of employees due to completion of
the construction of the bank and fast food building. He anticipated that Safeway will be staffed up from the
beginning.
Commissioner Lonerqan asked what is the current size of the present Safeway building? He also inquired
what and how do you get a deceleration lane?
Andrew Jones answered the present Safeway building size is 40,000 feet. He explained a deceleration lane
is a fancy name for a shoulder. He explained it is the part on Highway 211 and also on Highway 99 where
people get out of the flow of traffic trying to slow down and make a turn. Mr. Jones further added the lane
makes a safer movement into the site.
Commissioner Bandelow interjected the Fred Meyer in Canby as an example.
Commissioner Loner,qan also inquired what is a left turn refuge?
Andrew Jones responded they will install double left turn lanes on both Highway 211 and 99 which means
they will be putting in an additional left turn lane to accommodate the traffic generated from the site.
Commissioner Loner.qan expressed his concerns regarding the amount of large empty retail space that
presently exists in Woodburn. He asked if Safeway owns their current store and what are the plans of
leasing that or renting it out to somebody else?
Andrew Jones answered Safeway does not own the building but they have a lease with option periods for
extending the lease out for a number of years. He indicated Pac Trust was involved in a partnership with
Safeway for 12 years where they leased and managed their non-operating real estate. Mr. Jones
commented that situation has changed in the last year and Safeway is doing that in-house.
Commissioner Mill asked in the way that the storm water detention is configured, potentially how deep could
water get in that area and would there be any safety considerations as far as fencing to keep people out of
there?
Andrew Jones replied the system is very conservatively designed in terms of the capacity in the highway.
He asked that Alpha Engineering come up and answer this question.
Mike Van Lieu, Alpha Engineering, 9600 SW Oak, Portland 97223 reported the water depth at its maximum
capacity will be right at 2 % feet. The side slopes of the pond are 1 ft. of fall off for every 3 ft. of length. He
stated there is no plan to fence the pond because it is at a location that they do not expect there to be people
or animals visiting or passing through. Mr. Van Lieu stressed the fact that the pond is very shallow. He
reported there will be some rock from the outlet from the pipe to protect the surface of the slope and pond.
The area in general will be covered with Iow growing, Iow maintenance grass.
Commissioner Mill inquired whether thero is the possibility of parking lot run off going into the wetlands
Planning Commission Meeting - March 22. 2001 Page 3 of 10
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area? Additionally, he asked if the applicant does not get their rate of return in their investment would this
center be sold to another developer or would the applicant continue and try to make it a go?
Andrew Jones indicated parking lot run off can contain pollutants. Therefore, the parking lot run off will go
through the detention pond and out through the storm drain system. He indicated the roof run off into the
wetlands can help the wetlands vegetation. Mr. Jones commented them is a constant evaluation in terms
of the economics for this project. At this point, they know they can hit a return the partners require. He
mentioned they would be likely to hold on to it because it is a good site.
Commissioner Lima questioned how many fuel pumps will the station have? He also asked if there are
going to be any improvements as far as the merchandise offered by Safeway?
Andrew Jones answered there will be 16 fueling positions. He said typically when Safeway has the ability
to go to a larger format, then they can add departments as depicted in the proto type. Mr. Jones requested
Jeff Parker comment on that issue.
Jeff Parker, 16300 SE Evelyn St., Portland 97015 he commented this would be a question for their retailers
but off the cuff he would say they are going from 40,000 sq. ft. to 58,000 sq. ft. and therefore, there will be
additional departments and sales space. He clarified there will be 8 gas pumps. Mr. Parker stated they
would still control the building they are presently occupying once they move to the new site through the long
term lease they are currently under. He said Property Development Associates would be given that
property by Safeway and they would be in charge of finding the best tenant as quickly as possible so that
it is not an empty shop space. Additionally, Mr. Parker indicated they are not interested in having an empty
shop space because they are the guarantor of the lease. It does not make economic sense for Safeway to
be paying rent for an empty space. He also said Safeway can control another supermarket from going in
the space.
Commissioner Miller was curious to find out how the applicant came up with 16 fueling positions and how
two employees are going to potentially fuel 16 vehicles and take money. He also requested clarification
regarding the employee parking.
Andrew Jones pointed out they are over the code requirement for parking.
Rob Hertz, 3450 Sotel #238, Los An.qeles, CA 90066 stated he would assume that Safeway's standard of
number of employees would be a minimum of two employees. He commented they would implement mom
employees if Safeway saw a demand for more employees to serve more customers. Mr. Hertz reported
the hours of operation for the gas station would run concurrent with whatever the present Safeway Store
hours of operation am.
Jeff Parker interjected he does not believe the gas station will run 24 hours. He indicated they have a new
gas station in Mollala and he does not believe the station is running 24 hours but from 6 a.m. to 10 p.m. or
in that vicinity.
Chairperson Youn,q asked Mr. Hertz if the electronic digital sign only registers numbers or does it do other
things?
Rob Hertz replied at this point it only registers numbers and does not do any printed words. He indicated
he does not believe they have any intention of using anything manual.
Andrew Jones reported as a practical matter gas deliveries are going to come via I-5, Hwy. 214, in and out,
they can make a right get back over in the left turn and go back out. He said he does not know of any
suppliers that would need to exit on down to the south. Mr. Jones also commented although he is not sure
how Safeway buys their gas, he has heard it is bought through different suppliers.
Planning Commission Meeting - March 22, 2001 Page 4 of 10
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Testimony by Proponents
Dan Fdcke, Senior Transportation Planner, Ore.qon Department of Transportation, Re.qion 2,455 Airport Rd.
SE., Salem, OR 97301 remarked they have worked for a long time with City Staff and the applicant. He
thanked them both for their assistance and cooperation in working with them to develop the access
solutions for this project. Mr. Fdcke stated all of their concerns have been adequately addressed in the Staff
Report and concur with the Staff recommendation. He indicated they reviewed the traffic study faidy
extensively and there is indication based on their analysis that there is sufficient capacity to handle the
additional left turns that may come as a result of this development at that intersection. Additionally, he said
they are not concerned that they will have any capacity problems with that left turn. He referred to the
questions asked about extending the median north of the intersection and commented this is something they
have been looking at just recently based on some safety problems they have been having with the access
to the shopping center where Safeway is currently located. However, Mr. Fdcke said it is not something that
they felt they could ask this developer as part of this application to provide as additional mitigation but ODOT
is looking at this problem. In closing, he commented the Staff Report accurately addresses their concerns
and they concur with the Staff recommendation.
Commissioner Mill asked if there is any way ODOT might stripe that area so there is more of a dedicated
left turn and cut the suicide lane off a little bit further north possibly across from the mid-point of Taylor's
Honda and create a larger left turn area there?
Dan Fdcke replied that can be done by striping. He reported they have enough storage length in the
southbound to eastbound left turn lane to accommodate the existing and proposed traffic.
Commissioner Mill and Commissioner Lima expressed their concerns regarding the increase in traffic in that
intersection.
Dan Fdcke stated they are going to try to address some things on the northern approach to the intersection
but right now their analysis of the traffic study indicates that it will work with the project based on the
information provided by the applicant and additional information. Furthermore, he informed they are also
adding double left turn lanes for the east bound to south bound at the 99E-211 Intersection and the
northbound 99E to the westbound 214. Mr. Fricke commented the traffic study indicates the need for that
much additional storage space for left turning vehicles. He said this is also the reason for the modifications
to stdping and signals.
Commissioner Mill and Commissioner Lima reiterated their concerns that the northbound access is being
overlooked. Commissioner Lima also pointed out they do not want a repetition of what occurred out by the
High School where the end result was the death of two people.
Commissioner Bandelow questioned if there is adequate space for the traffic as it comes from Mollala and
we are not going to have people pulling out and immediately being backed up?
Dan Fricke responded the ddveway meets ODOT's minimum spacing standards from the intersection. The
combination of the appropriate spacing along with the dual left turn lanes they believe there will be sufficient
room based on the numbers they have seen. He also stated there are certain things they can do with this
site plan and they have gotten as much mitigation as they can reasonable expect to get within the limits of
what they are able to do and the City's Ordinances and what State law will allow them to do.
Commissioner Loner.qan indicated Commissioners Lima and Mill touched on some of his concerns. He
inquired how are we going to handle the additional traffic impact if for example a large retail store such as
Target were to go into Safeway's present location?
Dan Fdcke was unsure of the answer to this question. He stated there is a real strong likelihood that they
would not hear about it until the store was already in because all they would be doing is filling an existing
Planning Commission Meeting - March 22, 2001 Page 5 of 10
IOA
storefront. Mr. Fricke said the City might have to issue a building permit for some modifications to the
building but there would not be a hearing process like this. He commented they are looking at some needs
and concerns they have regarding 99E on the north side of the intersection. Mr. Fricke said the existing dght
in/right out access to the existing Safeway Shopping Center has recently risen to the level in their safety
pdority index system that they are very concerned about because of the number and severity of accidents
coming out of there.
Stan Shelton, 1510 N. Pacific Hwy., Woodbum 97071 stated he is representing the Assembly Hall that is
neighboring the project. He reported they average between 1,000 to 1,200 attendees for their weekend
programs with about 450 available parking spaces. Mr. Shelton asked if they will have access to go into that
median to turn left without stacking up and creating backup in entering? Additionally, if the median is there
and you can't enter the shopping center from that side, would that encourage u-tums in their entrance way?
He requested perhaps a No-U Turn sign be considered. Secondly, Mr. Shelton requested a barrier/privacy
fence be placed between the Safeway and Assembly Hall's property to encourage safety and improve
appearance. He reported in the past months they have had break-ins of cars that have been reported to
the police.
Floyd Lenhardt, Jr., 388 E. Lincoln St., Woodburn mentioned he owns a 5 acre parcel north of this project
that he now leases to Truss T Structures which he is also part of. He stated he does not have any problem
with the proposed building with the exception of the driveway that comes out onto Hwy. 211. He said he has
fiat bed 40-50 ft. semi trucks entering Hwy. 211 which is approximately 100 ft. east of where Safeway's
trucks will be coming out from. He added his trucks arrive/leave between 7 a.m. to 3 p.m. Mr. Lenhardt
commented it would probably work better if the driveway were moved east and give it a bigger area to stack
cars in for the stop light and also for the left hand lane. Otherwise, he feels the project is a good addition to
the community and the area.
Testimony by Opponents
None
Applicant Rebuttal
Andrew Jones pointed out their peak traffic generation periods are 4:15 p.m. to 5:15 p.m. He commented
Mr. Lenhardt's trucks are not coming out of the site during the p.m. peak hours and are not to be considered
a high volume of trucks. He commented this project has been very sensitive to access issues in terms of
being able to get an anchor tenant such as Safeway to come to the site. Mr. Jones remarked they will
certainly work with Mr. Shelton to come up with some sort of buffer in terms of additional landscaping and/or
a fence to address the security concerns. He also referred to Mr. Shelton's concerns regarding the possible
U-tums on his property and commented his suggestion of a No-U Turn sign is a good one. In conclusion,
Mr. Jones stated the grocery store is busiest in the early evening hours which tends not to be the hours the
church is meeting or Mr. Lenhardt's trucks are on and off the site.
Commissioner Loner,qan asked if the median is going to interfere with left turn traffic going southbound going
into the Assembly Hall?
Andrew Jones answered No.
Commissioner Bandelow questioned if there is presently a fence on the south boundary between the church
and the Safeway property? She expressed her concerns that there would be easy access to the wetlands
area if it is not fenced in and secured from their parking lot.
Andrew Jones responded there is a cyclone fence and they also have a significant amount of pines trees
along side there. He indicated Mr. Shelton suggested perhaps a block wall for a portion of the present fence
or an enhancement of the cyclone fence and some more vegetation. Mr. Jones stated they will sit down
and work it out because they want them to be happy.
Planning Commission Meeting - March 22, 2001 Page 6 of 10
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Discussion
Chairperson Youn,q closed the public hearing and opened discussion amongst the Planning Commission
members.
Commissioner Mill commented it appears to be a good project and likes the architecture, the way it is laid
out and the site plan. He referred to Mr. Lenhardt's concems regarding the driveway that comes out onto
Hwy. 211. Commissioner Mill stated he could not in his mind with that level of truck traffic and with the
timetable really justify asking the applicant to move the driveway. However, he indicated he is still
concerned with the northbound access and urged ODOT, if at all possible, to think proactively on that and
take care of the problem before it begins. In closing, he stated it is a great project and should be approved.
Commissioner Miller provided his perspective in terms of the traffic in the Seattle area and Woodbum area
and commented traffic is part of growing pains. He stated it is a nice project and he sees no problems with
it.
Commissioner Bandelow remarked she loves the architecture of the project. She shared some of Mr.
Lenhardt's concerns regarding Hwy. 211 in general. However, that is just part of the growing pains.
Commissioner Bandelow commended the applicant in his cooperation with Mr. Shelton in regards to the
fence issue. Additionally, she indicated the applicant made their case for the need of a Variance and she
has no problems in approving the project.
Commissioner Lonergan concurred with his fellow commissioners. He said it is a wonderful project and
Safeway has a great reputation Statewide. Commissioner Lonergan felt the signs are needed and will fit
with the design of the building. In closing, he indicated he will vote for the project.
Commissioner Lima said this is a wonderful project and commended Safeway with their cooperation with
the neighbors and especially in keeping the wetlands. He indicated many of his concems have been
addressed. Commissioner Lima also referred to Mr. Lenhardt's concerns and indicated he thinks the issue
will be taken care of with the double lanes. Additionally, he expressed his concerns with the left turn lane
southbound from 99E onto Hwy. 211. He stated he has no problems in voting in favor of the project.
Chairperson YounR mentioned the partition to bring the property into one site is a logical step in order for
this project to continue. He remarked his concerns were also addressed by the applicant and has no
problems with the project.
Commissioner Mill moved to approve Site Plan Review 00-12, Variance 01-04 and Partition 01-01 with
conditions of approval as indicated by Staff in the Staff Report and Staff to return at the April 12, 2001
Planning Commission meeting with the Final Order. Commissioner Loner,qan seconded the motion. Motion
unanimously carried.
5 MINUTE BREAK
B..~. Annexation 00-01 and Zone Change 00-01, request to annex a .98 acre commercial property
into the city limits and change the zoning on the property from Marion County "Commercial
Retail" to City of Woodburn "Commercial Retail" located at 770 North Pacific Highway. Tony
Miller. aD~)licant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of this proposal based on the applicable review criteria as well as the findings in
the report and information provided by the applicant.
Commissioner Miller asked what do they do for sewage in the meantime?
Staff referred this question to the applicant.
Planning Commission Meeting - March 22, 2001 Page 7 of 10
BEFORE THE CITY COUNCIL
OF THE CITY OF WOODBURN, OREGON
IN THE MATTER OF A REQUEST )
FOR SITE PLAN REVIEW 00-12, )
VARIANCE 01-04, AND PARTITION 01-01; )
PACIFIC REALTY ASSOCIATES, L.P., )
APPLICANT. )
NOTICE OF INTENT
TO APPEAL
Exhibit "D" 10A
APR 2 3 2001
MATTER SOUGHT TO BE REVIEWED
The matter sought to be reviewed is an Order of the City of Woodbum's Planning
Commission, which approved with conditions the Applicant's request for a site plan review for a
commercial shopping center on the 10.36 acre site located at the southeast comer of the
intersection of Highway 99E and Highway 211, along with a request for three variances related
to the proposed signage on the site and a request for partition. The Planning Commission
rendered its decision on April 12, 2000 and mailed written notice of that decision on April 13,
2001.
II.
NAME OF APPELLANT
The Appellant in this appeal is Northwest Real Estate Services, Inc. Northwest
Real Estate owns real property adjacent to the proposed site and submitted written comment to
the Planning Director prior to the Planning Commission hearing in this matter. Northwest Real
Estate Services received written notice of the Planning Commission's decision. Appellant is
legally represented in this appeal by Christopher P. Koback of the law firm of Davis Wright
Page 1 - NOTICE OF INTENT TO APPEAL
F:~Sk55931 \1 ~pld~NotofAppcal (City Council).doc
Tremaine, 1300 S.W. Fifth Avenue, Suite 2300, Portland, Oregon, 97201; telephone number
(503) 241-2300.
III.
SPECIFIC GROUNDS ON APPEAL
The Planning Commission approved the requests for a site plan review, variance
and partition subject to forty-one (41) conditions. Conditions 20 and 22, which relate to access
and improvements on Highway 99E and Highway 211:
CONDITION NO. 20.
"Access and improvement requirements on Highway 99E and Highway 211
is controlled and conditioned by the Oregon Department of Transportation
(ODOT). Applicant shall obtain road approach permit from ODOT."
CONDITION NO. 22.
"Dedicate a minimum of 7 additional feet right-of-way along Highway 211
adjacent to subject property. However~ the actual dedication shall include all
of the property, needed to construct the improvements on both Highway 211
and Highway 99E as required by ODOT. Provide an additional 10 foot wide
public utility easement adjacent to such dedication for location of franchised
utilities."
The above conditions are required for the Planning Commission to find
compliance with a specific approval criteria. Section 11.070(d) of Chapter 11 of the City's Code
(Site Plan Review) requires that access to public streets shall minimize the impact of traffic
patterns. As explained in more detail on pages 8 and 9 of the Planning Commission's decision,
ODOT is requiring specific improvements to Highway 99E and Highway 211 to minimize the
impact of traffic patterns. Conditions 20 and 22 require the Applicant to make those
improvements. The record before the Planning Commission establishes that some of the
10A
Page 2 - NOTICE OF INTENT TO APPEAL F:~SkSS931\i~pldXNotofAppcal (City Council).doc
JUl4-06-01
11:24AM
FRO~-$TOEL RIVES LLP
STOEL RIVES
ATTORNEYS
T-975
P.002/004 F-644
Exhibit "E"
VIA FACSIMILE
MlCl4^6t. C. ROSINSON
Direct Dial
(503) 294-9194
emai! mcrobinson~stoel.com
Mayor Dick Jennings and
Members of the Woodburn City Council
Woodburn City Hall
270 Montgomery Street
Woodburn, OR 97071
Re: City of Woodburn File No. SPR 00-12, VAR 01-04, and P 01-0i
Dear Mayor Jermings and City Council Members:
This office represems Pacific Realty Associates, L.P. ("PacTrust"), the applicant in the
above matter. As you know, PacTrust has proposed to build a retail center, anchored by a
Safeway store, at the southeast corner of Highway 99E and Highway 211. The site is zoned a
combination of Commercial General and Commercial Retail. Your Planning Commission
approved PacTrust's site plan with a condition rtmr PacTrust improve the Hwy 99E/Hwy 211
intersection to increase its capacity. The owner of a nearby commercial property has appealed
the Commission's decision to you. The City Council should deny the appeal.
Because the substantive grounds for the Planning Commission's decision are solid, the
appeal raises only one narrow, technical issue, i.e., whether the Planning Commission's
approval of the project may be condkioncd on the applicant making road improvements on
land that is owned by another private party. The fact that the appellant raises only a technical
issue suggests that the purpose of the appeal is simply to delay the project.
Furthermore, the substance of the appeal - that approval conditions requiring the
applicant to dedicate "ail of the property needed to construct the improvements on both Hwy
211 and Hwy 99E are "improper" - is without merit. No one denies that the intersection
improvements are needed. As part of its application submittal, PacTrust proposed that the
project include substantial improvements to the Hwy 99E/I-Iwy Zl I intersection. Your suaff
(as well ODOT) supported those improvements, and the planning Commission conditioned its
Pm. tl,d1-20'~4085. ! 00'75701-00233
S~'zal PO~Yt.~ND vxNc"o~. WA. gol~r 5~.? LAK~ ~ W~'FU~.
Page 3 - NOTICE OF INTENT TO APPEAL
improvements to Highway 211 required the dedication of property owned by a third party that
did not join in the application, Franklin Acquisitions.
In other words, the Planning Commission approved Applicant's request with
conditions that Applicant dedicate property Applicant does not own or control. The conditions
are beyond the control of the Applicant and are therefore improper. The Planning Commission
erred in approving Applicant's request because the request cannot be approved without the
inclusion of the impermissible conditions requiring Applicant to dedicate land it does not control.
V.
APPEAL FEE
Attached to this Notice of Intent to Appeal is the filing fee in the amount of
$942.00. This Notice of Intent to Appeal consists of three (3) pages and all pages are present.
VI.
REQUESTED ACTION
The Appellant respectfully requests the City Council to remand the Planning
Commission decision back to the Planning Commission to determine whether Applicant's
requests can be approved without conditions requiring dedication of Franklin Acquisitions'
property or, in the alternative, deny Applicant's requests.
DATED this 23r~ day of April, 2001.
Respectfully submitted,
Christopher PI. Koback OSB 491 ~40
Of Attorneys for Appellants Northwest Real Estate
Services, Inc.
F:~Sk5593 l\l~pld~NotofAppeal (City Council).do~
10A
JU~-08-01
11:24AM FROM-STOOL RIVES LLP
STOEL RIVES
T-976 P.003/004 F-844
1OA
Woodburn City Council
June 7, 2001
Page 2
approval on them. The appellant arracks the Comnfission's authority to adopt the conditions
necessary to effect these improvements but does not dispute the fact that the improvements will
benefit the public. The appeal should be denied so that improvements to the intersection may
proceed.
The appellant cites no law to support its assertion that a condition requiring an
applicant to obtain right-of-way from a private third party is "improper." Nothing in state law
supports this assertion. In fact, such an argument has been rejected by the state's Land Use
Board of Appeals ("LUBA"). Choban v. Washington Counw, 25 Or LUBA 572, 586 (1993)
(upholding an approval condition requiring the permit applicant to provide wetland mitigation
on property owned by a third party).
Thus, the appellant is essentially asking the City Council, in deciding this case, to
adopt a City policy against such condkions. That such a policy choice by the Council would
be unwise. The City's ability to require public facility improvements as a condition of project
approval is critical to building and maintaining adequate public facility infrastructure. As we
will demonstrate at the hearing, the City has previously imposed such conditions on a number
of occasions without controversy.
Two other points support a denial of the appeal. First, the appellant bought ube
property on the northeast corner of the intersection after ODOT had made its conditions
known and after PacTrust offered to buy the property. The appellant cannot complaint about
the condition when it inserted itself into the process in an attempt to block the PacTrust
development. The appellant lmew about ODOT's condition but bought the property anyway.
The appellant has only itself to blame.
Second, the condition opposed by the appellant does not apply to or run with
appellant's property. The condition is attached only to PacTrust's property and PacTrust can
satisfy ir only with the appellant's consent. The appellant is free to refuse ro work with
PacTrust to implement the highway improvements. Nothing in the Planning Commission's
decision forces the appellant to accept the condition.
In summary, this appeal was submitted at the last minute, fails to dispute the merits of
the Planning Commission's decision, and makes an argument that has been directly refuted by
LUBA. The Council should deny [he appeal.
JLII-06-01
11:24AM FROM-STC~L RIVES LLP
STOEL RIVES
T-gT5 P.004/004 F-644
WoodbumCityCouncil
June 7, 2001
Page 3
Please include this letter in the record of your decision on this matter.
to further discussing it with you at the hearing on June 25.
MCR:chb
cc: Mr. Andrew Jones (via facsimile)
Mr. Wayne Kittelson (via facsimile)
Mr. Gary Katsion (via facsimile)
Very truly yours,
Michael C. Robinson
I look forward
l:~m:L.:d 1-20'7408& 1 00757014X1233
llA
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
June 25, 2001
Honorable Mayor and City Council thru City AdministratoF~~'/1~
Jim Mulder, Director of Community Development ~
Ordinance to Approve Annexation 01-02 and Zoning Change 01-02
(Woodburn Carcraft)
RECOMMENDATION: Adopt the attached ordinance approving Annexation 01-02 and
Zone Change 01-02.
BACKGROUND: The City Council, at its June 11, 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.
llA
COUNCIL BILL NO..~.~..'~,
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 1.5 ACRES OF
PROPERTY LOCATED ON THE EAST SIDE OF HWY 99E SOUTH OF THE
WILLAMETTE VALLEY RAILROAD; GRANTING A ZONE CHANGE FROM
MARION COUNTY COMMERCIAL GENERAL (CG) TO CITY OF WOODBURN
COMMERCIAL GENERAL (CG) DISTRICT; AND ATTACHING CERTAIN
CONDITIONS THERETO.
WHEREAS, the applicant, Doug Templeton, submitted the following applications:
Annexation 01-02 and Zone Change 01-02; and
WHEREAS, the Woodbum 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 Doug Templeton 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 General
(CG)" to the City of Woodbum "Commercial General (CG) 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.
City Attorney
Date
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
llA
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
Approved:
Richard Jennings, Mayor
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
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IV.
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
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
ANALYSIS:
ANNEXATION 01-02
A. Oreaon 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 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
Annex 01-02, ZC 01-02 page 3
llA
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.
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
Annex 01-02, ZC 01-02
Page 4
llA
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:
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: 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
adjacent properties. Furthermore, the additional connection to the City's
water system would help distribute its cost.
K. Transportation Goals and Policies
Annex 01-02, ZC 01-02 Page 5
llA
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, ddveway 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.
M. Growth and Urbanization Policies
Annex 01-02, ZC 01-02
Page 6
llA
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
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
Annex 01-02, ZC 01-02 Page 7
llA
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.
ZONECHANGE00~I
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
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
Annex 01-02, ZC 01-02 Page 8
11A
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.
CONCLUSION AND DECISION
Based on the information contained herein, this proposal meets all approval
criteria relating to an Annexation and Zone Change.
Annex 01-02, ZC 01-02
Page 9
ATTACHMEN1 A
Real property located at 220 S. Pacific Highway, Woodburn, County of Marion, State of Oregon,
more padiculady described as:
Beginning at a point which is North 32015' 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 32 °15' West 150 feet; thence South
61 °06' East 433.58 feet to the West line of land conveyed to General
Foods Corporation by deed recorded in Volume 288, page 672,
Deed Records for Madon 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 pad 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.
ATTACHMENT B
ATTACHMENT C
I1.
III.
FINDINGS AND CONCLUSIONS
NATURE OF APPLICATION
The applicant is requesting to annex a commercial property along the North
Pacific Hwy into the City of VVoodburn 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.
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 (CC) 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
A. OREGON STATEWlDE PLANNING GOALS
Annex 01-02, ZC 01-02
Page 2
ATTACHMENT D
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CONDITIONS OF APPROVAL
ANNEXATION 01-02
ZONE CHANGE 01-02
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.
Annex 01-02, ZC 01-02 Page 10
lib
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodbum, Oregon 97071
(503) g82-5246
Date:
To:
From:
Subject:
June 25,2001
Honorable Mayor and City Council thru City Administrator~/~'':~
Dan Nelson, Building Official~
Adoption of State Building Codes
RECOMMENDATION:
Adopt the attached Ordinance, approving adoption of the Structural Specialty Code
including Appendix Chapter 9 Division III (which is the Multi-Family Fire Sprinkler
Provision), the One and Two Family Dwelling Code, Plumbing Specialty Code, Mechanical
Specialty Code, Electrical Specialty Code, Manufactured Dwelling Standard and NFPA
Article 13 (Sprinkler Code).
PROPOSAL:
Staff proposes adoption of all applicable Building Codes along with Appendix 9
Division III of the 2000 Edition of the State Structural Specialty Code. The code change
proposal will require automatic fire sprinkler systems in Group R-1 apartments, two or
more stories in height, or one-story apartment buildings containing sixteen or more
dwelling units. On March 3, 1999, Appendix 9 Division III was adopted by the State
Building Codes Division to be effective October 1, 1999. However, it is only effective when
specifically adopted by local jurisdictions on an individual basis and was not approved as
a statewide mandatory code change.
BACKGROUND:
Now that Woodburn has an in-house Building Division, there is a need to adopt all
applicable State Specialty Codes. We are also seeking to define the duties and
responsibilities of the Building Official. Along with the adopted Code, there are sections
that have not been adopted Statewide and left up to the individual jurisdictions to adopt.
Woodburn Fire District Fire Marshall, Bob Benck, approached the Building Division
with a recommendation to adopt the Appendix Code which would provide sprinklers in
multi-family and multi-story buildings. Along with his letter, he enclosed an article,
~Apartments and Sprinklers a New Option for Oregon Communities." (See attached)
liB
As the letter and article point out, there is currently a way to build a three-story
apartment that would normally be sprinkled, without sprinklers. A three-story building is
automatically sprinkled per code. The berm, which is no more than a pile of dirt around
the bottom of the building, technically satisfies the description of a basement in the
building code. So, in the eyes of the code, this building becomes a two-story building with
a basement.
CONCLUSION:
Adoption of applicable State Building Codes is part of an ongoing process by the
Building Division to increase service to the community and compliance with State
requirements.
Adoption of Appendix Chapter 9 Division III will give us a way to provide effective
life safety to those people who live in apartments in our community.
ATTACHMENTS:
Attachment 'A" - Letter received from Bob Benck, dated 4/5/01
Attachment "B" - Ordinance
Woodburn
Di triot
ATTACHMENT A
1776 New'oerg Hwy.
Woodbum, OR. 97071
(503) 982-7'-J(35 ext. 2013
(5O3)
Fax: (503) 961-,5004
lib
April 5, 2001
Dick Jennings, Mayor
City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
Honorable Mayor Jennings
Enclosed you will find an article I have copied from "Hot Issues" a state wide publication on Juvenile Fire
issues. This particular article deals with the ability of local communities to require residential sprinkler
systems in new multi-family residential occupancies.
I firmly believe that this is a realistic alternative for providing effective life safety to those people who live
in apartments in our community. Annually we have working fires in our apartment complexes and though
we may not eliminate them we can begin the process of significantly reducing the possibility of life loss in
those densely populated occupancies of our community.
An example of the current problem is a proposed project to place three floor apartments in a dense project
and not sprinkle them. The current building code allows apartments that have a berm on three sides to be
exempt from the sprinkler requirement. This berm does not lower the risk to the occupants living there.
However there is nothing we can legally do to prevent this project.
Further more fires in multi family occupancies are manpower intense and as you are aware that is not a
luxury in our community. Sprinkled building greatly assist fire departments in controlling and extinguishing
fires with a minimum of resources.
I'm also providing copies of this article to our community development department and would hope that it
might bring about discussion and perhaps positive action.
If you have further concerns please feel free to contact us at the noted number.
Sincerely
Robert Benck
Fire Marshal
Apartments and sprinklers
a new option for Oregon communities
by Division Chief Tim Birr, Tualatin Valley Fire & Rescue
One week before Christmas, a three-alarm fire in a
Tigard apartment building took the life of one man,
injured five others, and displaced ninety-eight
residents from their homes. Investigators believe a
young child playing with a lighter or match most
likely set the fire.
Sadl~ fires of this type have happened before and
will most likely happen again. But a similar fire that
occurred in 1996 started a movement that may
prevent such fires from becoming large-scale trag-
edies in the future.
In the early morning hours of June 28, 1996, Tualatin
Valley Fire & Rescue (TVF&R) companies responded
to the Oakwood Park Apartments in Aloha. A fire
set by a then-eleven-year-old boy engulfed a
stairwell and entered several apartments, taking the
lives of five children and three adults, and injuring
fourteen others m many of whom jumped from
upper stories to escape the fire. At year's end, the
NFP^ declared the Oakwood Park fire the nation's
deadliest residential fire of 1996.
Despite a media blitz that took advantage of the
"teachable moment" tragically Offered by the
Oakwood Park fire, another apartment fire three
weeks later killed a couple and their infant child.
TVF&R officials took stock of the situation. There
was no doubt that public education had value, but
perhaps it served mainly to reinforce positive
behavior in those inclined to do so in the first place.
Despite numerous efforts to ensure that every
residence in the district had a working smoke alarm,
post-fire audits of both buildings showed that many
detectors were being removed or otherwise disabled
by tenants.
The larger picture created concern, as well. TVF&R's
service area was the booming suburbs of Portland. A
rapidly growing population was creating problems.
with traffic congestion and simultaneous calls --
factors affecting response times. Many of the
newcomers were seeking affordable housing in
large, multistory apartment buildings that were
springing up like mushrooms all over the district.
While the new buildings met existing code and were
well maintained, experienced firefighters wondered
what their condition would be twenty to thirty years
in the future.
Along the way there was growing recognition of a
harsh reality of apartment living. Of twenty fire
deaths in a five-year period, seventeen took place in
multifamily housing, with eleven people dying in
fires that didn't start in their own living spaces.
TVF&R Fire Marshal Jeff Grunewald perhaps put it
best when he said, "Multifamily housing is an
environment where an individual can do everything
right, but still be at the mercy of their neighbor's
behavior."
Hot Issues, page 2
With a nod from TVF&R Chief Jeff Johnson and
support from the district's board of directors,
Grunewald initiated dialogue with building officials,
builders, and developers. Among the key players in
this effort was Martin Brown, building official for the
City of Wilsonville. Brown had become a major
advocate for fire safety improvements following the
1995 deaths of three children in an apartment
complex in his community.
A request for a proposed code amendment that
would require sprinklers in new multifamily
housing over one story in height, or having more
than sixteen units on a single floor, emerged from
these discussions. Officials noted that many
developers were building three-story apartments
with earthen berms around the ground floor
converting, in the eyes of existing code, the
structures into two-story buildings with daylight
basements, and avoiding existing requirements for
sprinklers and enhanced exitway protection. To
make the amendment more acceptable to builders, a
series of trade-offs was placed in the proposal --
requirements for hydrant spacing and fire:
depactment access would be reduced for sprinkled
buildings and complexes.
The challenge was that the state of Oregon has a
"mini-maxi" building code. Local communities
cannot create codes more stringent or less restrictive
than the state code without permission from the
state. In May of 1998, TVF&R filed a request with the
state's Building Codes Division for a local code
amendment to allow cities and counties served by
TVF&R to adopt the sprinkler requirement if they
opted to do so.
Over the next year, in what can only be described as
a long, drawn out, and highly politicized process,
the request for a local amendment was denied, then
considered as a possible statewide code change, and
finally adopted as an appendix to the state's
building code. Through compromise and
persistence, a growing coalition of fire and building
officials, joined by concerned citizens and other
interested parties, succeeded in making sprinklers in
multifamily housing a legal option for Oregon
communities that choose to require them.
The appendix became legally attached to the state
building code on October 1, 1999. As an appendix, it
is not an integral part of the code, but rather an
option that local communities can choose to adopt if
they see fit. The City of Tigard was the first
community in Oregon to adopt it locally, doing so by
council action on October 12, 1999. While there is no
centralized database listing which communities have
adopted the code change, at this writing it's known
that it's been made part of the code in Hillsboro,
Sherwood, Wilsonville, King City, Tualatin, Durham,
Beaverton, Seaside, and Cannon Beach. The
Washington County Board of Commissioners will
consider the measure in early 2001, making theirs
potentially the first Oregon county to require sprinklers
in multifamily housing in unincorporated areas.
There will continue to be fires in apartment
buildings, and Oregonians will live with existing
multifamily housing stock for decades to come but,
in a growing number of Oregon communities, a
"line in the sand" is being drawn, creating a more
fire-safe future.
Tim Birr is the Director of Community Services, Tualatin Valley Fire and
Rescue, Aloha, Oregon.
Oregon State Hospital
stretches treatment
dollars
by Ed Young, Ph.D., Oregon State Hospital
It is always a challenge to find an appropriate
discharge placement for children who are in the
Oregon State Hospital, but this challenge is never
greater than when the child has a significant history
of setting fires. Residential providers, therapeutic
foster homes, and other placement resources are
always cautious when considering placement of a
child with a firesetting history. They are especially
concerned that the child might set a fire in their
facility, thus endangering the livesof those in their care.
While installing a sprinkler system in the house or resi-
dential facility is a way to dramatically reduce the risk
of injury to others, this is often not given consider-
ation due to the perceived excessive costs involved.
However, this perception is inaccurate. While the ini-
tial cash outlay ~to retrofit a facility with a sprinkler
system is not inconsequential, it is less than most fa-
cilities might imagine. Furthermore, the savings to the
mental health system as a whole are almost immediate.
An example can easily demonstrate how quickly a
sprinkler system can pay for itself in reduced cost of
care. Recently we were able to discharge a youth to a
group home after the home was retrofitted with a
13-d sprinkler system. The cost of the retrofit, in-
cluding installation of a one-inch water line to the
home, was $7,524. While this may seem like a large
expenditure, it is a rather small cash outlay when
Continued on page 7'
Hot Issues, page 3
11t
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COUNCIL BILL NO. ~ 3 ~ 7
ORDINANCE NO.
AN ORDINANCE ADOPTING CERTAIN STATE SPECIALITY CODES; SETTING
FORTH THE POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING
FOR PROCEDURES AND FEES; ESTABLISHING PENALTY PROVISIONS;
REPEALING ORDINANCES 2071, 2212 AND 2228 AND DECLARING AN
EMERGENCY.
WHEREAS, the State of Oregon regularly adopts certain speciality codes; and
WHEREAS, the City has established a building inspection program under state statutes
and the administrative rules of the State Building Codes Division; and
WHEREAS, it is necessary for the City to periodically adopt the most recent additions
of the state speciality codes so that they can be enforced and administered within the corporate
limits of the City; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purpose of this Ordinance, the following terms shall
mean:
Building Official - means the City of Woodburn Building Official who is
responsible .for building inspections and with the administration and enforcement
of this ordinance.
State Building Code - or "the code" means the combined specialty codes adopted
by this ordinance.
Section 2. State Codes Adopted. The following codes, standards and rules are
adopted and by this reference incorporated herein and shall be in force and effect within the
corporate boundaries of the City of Woodburn:
2000 Oregon Structural Speciality Code (based upon the 1997 edition of the
Uniform Building Code) including the following provisions:
1. Section 102 (Unsafe Buildings or Structures).
2. Section 104.2.6 (Liability).
3. Section 104.2.10 (Cooperation of Other Officials and Officers).
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
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4. Section 3402 (Maintenance).
5. Appendix Chapter 9, Division III (Multi-Family Fire Sprinkler
Requirements).
1999 Oregon Mechanical Specialty Code (based upon the 1998 edition of the
International Mechanical Code).
2000 Oregon One and Two Family Dwelling Specialty Code.
1999 National Fire Protection Association 13 Sprinkler Code. (Sprinkler
Installation Standards).
1997 Oregon Manufactured Dwelling Standard.
2000 Oregon Electrical Specialty Code (based upon the 1999 edition of the
National Electrical Code).
2000 Oregon Plumbing Specialty Code (based upon the 1997 edition of the
Uniform Plumbing Code).
Section 3. Powers and Duties of the Building Official. The building official shall
have the power to render interpretations and to adopt and enforce administrative procedures.
Such interpretations, rules, and regulations shall be in conformance with the intent and purpose
of the code.
Section 4. Right of Entry. When it is necessary to make an inspection to enforce the
state building code, or when the building official has reasonable cause to believe that there exists
in a building or upon a premises a condition which is contrary to or in violation of the code
which makes the building or premises unsafe, dangerous or hazardous, the building official may
enter the building or premises at reasonable times to inspect or to perform the duties imposed by
the code, provided that if such building or premises be occupied that credentials be presented to
the occupant and entry requested. If such building or premises be unoccupied, the building
official shall first make a reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry. If entry is refused, the building official
shall have recourse to the remedies provided by law to secure entry.
Section 5. Stop Work Orders. Whenever any work is being done contrary to the
provisions of the state building code, or other pertinent laws or ordinances implemented through
the enforcement of the code, the building official may order the work stopped by notice in
writing served on any persons engaged in the doing or causing such work to be done, and any
such persons shall forthwith stop such work until authorized by the building official to proceed
with the work.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
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Section 6. Authority to Disconnect Utilities in Emergencies. The building official or
the building official's authorized representative shall have the authority to disconnect fuel-gas
utility service, or energy supplies to a building, structure, premises or equipment regulated by thc
state building code in case of emergency when necessary to eliminate an immediate hazard to
life or property. The building official shall, whenever possible, notify the serving utility, the
owner and occupant of the building, structure or premises of thc decision to disconnect prior to
taking such action, and shall notify such serving utility, owner and occupant of the building,
structure or premises in writing of such disconnection immediately thereafter.
Section 7. Connection After Order to Disconnect. Persons shall not make
connections from an energy, fucl or power supply nor supply energy or fuel to any equipment
regulated by the state building code which has been disconnected or ordered to be disconnected
by the building official, or the use of which has been ordered to be discontinued by the building
official, until thc building official authorizes the reconnecting and use of such equipment.
Section 8. Occupancy Violations. Whenever any building or structure or equipment is
being used contrary to the provisions of the state building code, the building official may order
such use discontinued and the structure, or portion thereof, vacated by notice served on any
person causing such use. Such person shall discontinue the use within the time prescribed by the
building official after receipt of such notice to make the structure, or portion thereof, comply
with the requirements of the code.
Section 9. Appeals Process. When there is an appeal of a staff interpretation of the
state building code during plan review or inspection, the aggrieved persons shall be notified of
the provisions of ORS 455.475 and the following procedures:
Plan Review. In an informal appeal of a plans examiner's decision the plans
examiner shall refer the request and any related information to the building
official who, in consultation with appropriate technical staff, shall review the
request and made a final determination in writing to the applicant within 15 days.
In an informal appeal of the building official's decision, the request shall be
forwarded to the appropriate state board for final action. The appeal shall be sent
to thc Department of Consumer Business Services, accompanied by the required
fee, a completed appeal form of thc department, and justification for the request
along with any supporting information. (ORS 455.690)
Inspection. When there is an appeal of a field inspector's interpretation of a
particular code, the following process shall be used:
The field inspector shall refer the customer and related information to the
buil,ding official. The building official, in consultation with appropriate
technical staff, shall review the request and make a final decision in
writing to the customer within 15 days.
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
Formal appeals of the building official shall be forwarded to the
appropriate state board for final action. The appeals shall be sent to the
Department of Consumer Business Services, accompanied by the required
fee, a completed appeal form of the department, and justification for the
request along with any supporting information. (ORS 455.690)
In accordance with ORS 455.690, any person aggrieved by a final decision
may, within 30 days after the date of the decision, appeal to the
appropriate state advisory board as listed below:
Structural Code - Building Codes Structures Board
Mechanical Code - Building Codes Structures Board
Dwelling Code - Building Codes Structures Board
Plumbing Code - Plumbing Board
Manufactured Home Installation Standard - Manufactured
Structures & Parks Board.
Park & Camp Rules - Manufactured Structures & Parks Board
Co
Appeals of Board Decisions. Judicial review of the decision of advisory boards
shall be available as provided in Oregon Revised Statutes Chapter 183.
Section 10. Permits Not Transferable. A permit issued to one person or firm is not
transferable and shall not permit any other person or firm to perform any work thereunder.
Section 11. Suspension/Revocation. The building official may, in writing, suspend or
revoke a permit issued under the provisions of the state building code whenever the permit is
issued in error or on the bases of incorrect information supplied, or in violation of any ordinance
or regulation or any of the provisions of the code.
Section 12. Inspections. It shall be the duty of the permit holder or his agent to request
all necessary inspections in a timely manner, provide access to the site, and provide all necessary
equipment as determined by the building official. The permit holder shall not proceed with the
building construction until authorized by the building official. It shall be the duty of the permit
holder to cause the work to remain accessible and exposed for inspection purposes. Any expense
incurred by the permit holder to remove or replace any material required for proper inspection
shall be the responsibility of the permit holder or his agent.
Section 13. Fees.
Fees for permits, inspections, plan checks, site plan review, copy costs, and such
other fees that the City Council deems reasonable in order to administer this
ordinance shall be set by ordinance or resolution.
B. The building official may authorize the refunding of fees paid in accordance with
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
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the refund policy in effect.
Co
The determination of value or valuation under any provisions of the state building
code shall be made by the building official. The value to be used in computing
the building permit and plan review fees shall be the total value of all
construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-
extinguishing systems and any other permanent equipment.
Section 14. Savings Clause. If any section, paragraph, subdivision, clause, sentence, or
provisions of the ordinance shall be adjudged by any court of competent jurisdiction to be
unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the
remainder of the ordinance.
Section 15. Violation-Penalty-Remedies.
No person shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, occupy or maintain a building or structure in the city, or
cause the same to be done contrary to or in violation of this ordinance.
No person shall install, alter, replace, improve, convert, equip or maintain any
mechanical equipment or system in the city, or cause the same to be done
contrary to or in violation of this ordinance.
No person shall install, alter, replace, improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture or water heating or treating
equipment in the city, or cause the same to be done contrary to or in violation of
this ordinance.
No person shall install, alter, replace, improve, convert, equip or maintain any
electrical equipment or system in the city, or cause the same to be done contrary
to or in violation of this ordinance.
mo
Violation of a provision of this chapter constitutes a Class 1 civil infraction and
shall be processed accordance with the procedures set forth in the civil infractions
ordinance.
Fo
Each day that a violation of a provision of this chapter exists constitutes a
separate violation.
Go
Notwithstanding the other remedies in this chapter, if the building official
determines that any building under construction, mechanical work, electrical
work, or plumbing work on any building or any structure poses an immediate
threat to the public health, safety or welfare, the building official may order the
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
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Ho
work halted and the building or structure vacated pending further action by the
city and its legal counsel.
The penalties and remedies provided in this section are not exclusive and are in
addition to other penalties and remedies available under city ordinance or state
statute.
Section 16. Repeal. Ordinance Nos. 2071, 2212 and 2228 are hereby repealed.
Section 17. Emergency Clause. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by the Mayor.
Approved as to form: ~, t~'-'//~/~ 6-- ~" N. Robert Shields, City"~'ff~)mey 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 6 - COUNCIL BILL NO.
ORDINANCE NO.
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MEMO
To:
From:
Date:
Mayor and Council
Ben Gillespie, Finance Director ~,,ug~/~
John Brown, City Administra~0l,~)~f)/! "~
June 22, 2001
Subject:
Adoption of 2001-02 Budget and Tax Levy
Recommendation: That the Council approve the attached ordinance adopting the budget and
levying taxes for the year 2001-02
Background: At its last meeting the Council conducted a hearing on the 2001-02 budget and
directed staffto prepare an ordinance adopting the budget for the next fiscal year. That ordinance
is attached.
The attached ordinance includes five changes from the budget recommended by the Budget
Committee:
Establishment of an endowment fund for the Museum ($4,000). Cash to fund the
endowment will be transferred from the General Fund to a new fund. For 2001-02
the entire amount will be budgeted in Contingencies in the Museum Endowment
Fund.
Updating ward maps using the Council of Governments' geographic information
system. The cost, not expected to exceed $7,000, is budgeted in the Mayor and
Council budget.
Carry forward Centennial Park construction that was scheduled in the current year,
but will not be completed until next year ($118,000).
Carry forward West Lincoln Water Line construction that was scheduled in the
current year, but will not be completed until next year ($17,622).
Carry forward Hayes Street Storm construction that was scheduled in the current
year, but will not be completed until next year ($10,000).
Financial Implications: If these changes are incorporated into the budget, the Adopted Budget
will total $40,051,444. The operating levy will be $6.0534 per $1,000 of assessed valuation, and
the debt levy will be $180,000.
COUNCIL BILL NO.
ORDINANCE NO.
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AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2001-2002, MAKING
APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the budget for fiscal year 2001-2002 is hereby adopted as set forth below.
Section 2. That taxes provided for in the adopted budget are imposed at the rate of $6.0534 per
$1,000 of assessed value for operations and in the amount of $180,000 for bonds; and that these taxes are hereby
imposed and categorized for tax year 2001-2002 upon the assessed value of all taxable property within the City.
General
Government
Excluded from
the Limitation
Tax Rate - General Govt. Operations
Bonded Debt
$ 6.0534/$1,000
$180,000
Section 3. That the budget amounts for fiscal year 2001-2002, and for the purposes shown
below, are hereby appropriated as follows:
GENERAL FUND ---
City Council and Mayor
Interfund Transfer - Information Systems (IS) Fund
Livability Program
City Administrator's Office
Interfund Transfer - Information Systems (IS) Fund
Museum
Events Program
City Recorder's Office
Interfund Transfer - Information Systems (IS) Fund
City Attorney's Office
Interfund Transfer - Information Systems (IS) Fund
Finance Department
Interfund Transfer - Information Systems (IS) Fund
Municipal Court
Interfund Transfer - Information Systems (IS) Fund
Non-Departmental - Materials & Services
Interfund Transfer - Search & Seizure Fund
Interfund Transfer -R.S.V.P.
Interfund Transfer - Street Fund
32,530
1,070
3,500
198,846
3,210
60,282
40,689
39,530
2,140
136,792
2,140
222,775
8,560
73,300
3,210
78,500
10,000
28,239
280,000
Page 1 - COUNCIL BILL NO.
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General Fund (continued)
Interfund Transfer - General Fund CIF
Interfund Transfer - Special Assessment Fund
Interfund Transfer - Information Systems (IS) Fund
Interfund Transfer - Museum Endowment Fund
Police Department
Interfund Transfer - Information Systems (IS) Fund
Library
Interfund Transfer - Information Systems (IS) Fund
Parks Maintenance
Leisure Services
Swimming Pool
Parks Administration
Interfund Transfer - Information Systems (IS) Fund
Planning
Interfund Transfer - Information Systems (IS) Fund
Operating Contingency
TOTAL GENERAL FUND APPROPRIATIONS
GENERAL OPERATING RESERVE FUND ---
Interfund Transfer - General Fund CIP fund
Operating Contingency
TOTAL GENERAL OPERATING RESERVE FUND
TRANSIT SYSTEM FUND -- City Transit System
Interfund Transfer - Equipment Replacement Fund
Interfund Transfer - Information Systems (IS) Fund
Dial-a-Ride Program
Interfund Transfer - Equipment Replacement Fund
Operating Contingency
TOTAL TRANS1T SYSTEM FUND APPROPRIATIONS
BUILDING FUND --
Personnel Services
Materials & Services
Capital Outlay
Interfund Transfer - Information Systems (IS) Fund
Operating Contingency
TOTAL BUII JDING FUND APPROPRIATIONS
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
131,996
40,000
26,570
4,000
3,139,082
22,470
792,320
28,890
454,240
258,605
481,116
192,941
12,840
374,295
4,280
772,890
$ 100,000
18,000
$ 112,320
4,500
2,140
92,129
2,000
12,392
$ 162,323
52,797
5,000
2,475
112,405
$ 7,961,848
$ 118,000
$ 225,481
$ 335,000
11C
SEARCH AND SEIZURE FUND ---
Materials & Services
$ 23,000
TOTAL SEARCH & SEIZURE FUND APPROPRIATIONS
STATE REVENUE SHARING FUND ---
Materials & Services
Capital Outlay
Interfund Transfer - Street Fund
$ 28,285
61,692
42,000
TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS
HOUSING REHABILITATION FUND
Personal Services
Operating Contingency
$ 16,520
98,480
TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS
RETIRED SENIOR VOLUNTEER PROGRAM FUND ---
Personal Services $ 81,903
Materials & Services 10,455
Interfund Transfer - Information Systems (IS) Fund 1,070
TOTAL R.S.V.P. FUND APPROPRIATIONS
CABLE FRANCHISE MANAGEMENT FUND ---
Personal Services
Materials & Services
$ 2,533
38,167
TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS $
STREET FUND ---
Street Repair & Maintenance
Street Cleaning
Non-Departmental - Materials & Services
Interfund Transfer - Information Systems (IS) Fund
Interfund Transfer - Tech. & Envir. Serv. Fd
Interfund Transfer - Equipment Replacement Fund
Operating Contingency
808,332
66,146
62,000
6,355
182,500
20,000
35,724
TOTAL STREET FUND APPROPRIATIONS
$ 23,000
$ 131,977
$ 115,000
$ 93,428
40,700
$ 1,181,057
Page 3 - COUNCIL BIIJ. NO.
ORDINANCE NO.
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CITY GAS TAX FUND ---
Materials & Services $
Capital Outlay
TOTAL CITY GAS TAX FUND APPROPRIATIONS
BONDED DEBTFUND---
Debt Service - Principal
Debt Service - Interest
TOTAL BONDED DEBT FUND APPROPRIATIONS
BANCROFT BONDFUND --
Debt Service - Principal
TOTAL BANCROFT BOND FUND
ECONOMIC DEVELOPMENT REVOLVING LOAN FUND ---
7,000
101,500
115,000
60,000
2,000
Materials & Services
Capital Outlay
Operating Contingency
37,366
315,000
80,882
TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS
GENERAL FUND CAPITAL IMPROVEMENT FUND ---
Capital Outlay $ 777,146
Operating Contingency 112,018
TOTAL GENERAL FUND CAPITAL IMPROVEMENT FUND
SPECIAL ASSESSMENT FUND ---
Materials & Services
Capital Outlay
$ 101,500
1,031,071
TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS
STREET/STORM CAPITAL IMPROVEMENT FUND ---
Materials & Services
Capital Outlay
$ 10,000
2,296,731
TOTAL STREET/STORM DRAIN C.I.F. APPROPRIATIONS
$ 108,500
$ 175,000
$ 2,000
$ 433,248
$ 889,164
$1,132,571
$ 2,306,731
Page 4 - COUNCIL BIIJJ NO.
ORDINANCE NO.
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PARK & RECREATION CAPITAL IMPROVEMENT FUND ---
Parks Maintenance Projects
Neighborhood Projects
Community Center
Debt Service - Centennial Park Loan
Centennial Park
$ 266,550
5,000
10,000
42,000
118,000
TOTAL PARK & RECREATION C.I.F. APPROPRIATIONS
INFORMATION SYSTEMS (IS) FUND ---
Materials & Services
Capital Outlay
Interfund Transfer - General Fund CIP
Operating Contingency
$ 74,000
31,000
115,000
40,000
TOTAL INFORMATION SYSTEMS FUND APPROPRIATIONS
TRANSPORTATION IMPACT FEE FUND ---
Materials & Services
Capital Outlay
Interfund Transfer - Special Assessment Fund
Operating Contingency
$ 250,000
3,210,645
208,094
181,906
TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS
STORM WATER SYSTEM DEVELOPMENT FUND ---
Materials & Services $
Capital Outlay
80,000
635,000
TOTAL STORM WATER SYS DEVLP. FUND APPROPRIATIONS
PUBLIC WORKS FACILITY EXPANSION/CONST. FUND ---
Capital Outlay
Operating Contingency
$ 31,000
21,099
TOTAL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS
SEWER CAPITAL IMPROVEMENT FUND ---
Materials & Services
Capital Outlay
Operating Contingency
47,860
165,000
21,672
TOTAL SEWER C.I.F. APPROPRIATIONS
$ 441,550
$ 260,000
$3,850,645
$ 715,000
$ 52,099
$ 234,532
Page 5 - COUNCIL BIIJ~ NO.
ORDINANCE NO.
llC
SEWER TREATMENT CONSTRUCTION FUND ---
Sewer --- Plant
Sewer - Collection Line
Operating Contingency
$ 4,420,818
1,094,471
189,014
TOTAL SEWER TREATMENT CONST. FUND APPROPRIATIONS
$ 5,704,303
WATER SYSTEM CONSTRUCTION FUND ---
Materials & Services
Capital Outlay
$ 55,000
705,267
TOTAL WATER WELL SOURCE/DIST. CONST. FD APPROPRIATIONS
WATER FUND ---
Water Administration
Meter Reading/Accounting
Misc. Water Accounts - Materials & Services
Interfund Transfer - Tech. & Envir. Serv. Fd
Interfund Transfer - Equipment Replacement Fund
Interfund Transfer - Water Construction Fund
Interfund Transfer - Information Systems (IS) Fund
Operating Contingency
$ 845,597
172 071
30 100
262 500
30000
200000
4 950
39,155
TOTAL WATER FUND APPROPRIATIONS
WASTEWATER TREATMENT PLANT FUND ---
Treatment Plant Operations
Sewer Line Maintenance
Misc. WWTP Accounts - Materials & Services
Interfund Transfer - Tech. & Envir. Serv. Fd
Interfund Transfer - Water Fund
Interfund Transfer - Equipment Replacement Fund
Interfund Transfer - Information Systems (IS) Fund
Operating Contingency
$1,221,881
239,799
62,200
272,500
65,000
75,000
10,190
70,719
TOTAL wASTEWATER TREATMENT PLANT FUND APPROPRIATIONS
WATER SYSTEM DEVELOPMENT TRUST FUND ---
Materials & gervices
Capital Outlay
Operating Contingency
$ 150,000
1,069,622
150,000
TOTAL WATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS
760,267
$1,584,373
$2,017,289
$1,369,622
Page 6 - COUNCIL BILL NO.
ORDINANCE NO.
llC
SEWER SYSTEM DEVELOPMENT TRUST FUND ---
Materials & Services
Capital Outlay
Interfund Transfer - Wastewater Construction Fund
Operating Contingency
25,000
95,000
500,000
9,000
TOTAL SEWER SYSTEM DEVELP. TRUST FUND APPROPRIATIONS
CENTRAL STORES WORKING CAPITAL FUND ---
Materials & Services
Operating Contingency
$ 26,000
14,500
TOTAL CENTRAL STORES WORKING CAP. FUND APPROPRIATIONS
SELF-INSURANCE FUND ---
Personal Services
Materials & Services
Interfund Transfer - General Fund CIP
Operating Contingency
$ 12,517
281,600
9,000
218,212
TOTAL SELF-INSURANCE FUND APPROPRIATIONS
TECHNICAL & ENVIRONMENTAL SERVICES FUND ---
Public Works Administration
Interfund Transfer - Information Systems (IS) Fund
Engineering Division
Interfund Transfer - Information Systems (IS) Fund
Central Garage
Operating Contingency
$170,248
4,280
686,921
10,540
63,688
14,301
TOTAL TECH. & ENVIRONMENTAL SERV. FUND APPROPRIATIONS
BUILDING MAINTENANCE
Personal Services
Materials & Services
Operating Contingency
34,537
268,559
26,727
TOTAL BUILDING MAINTENANCE FUND
EQUIPMENT REPLACEMENT FUND ---
Water Equipment Replacement - Cap. Outlay
Sewer Equipment Replacement - Cap. Outlay
Street Equipment Replacement - Cap. Outlay
Street Equip. Replacement - Operating Contingency
Transit Equipment Replacement - Cap. Outlay
175,008
347,390
110,700
98,648
153,531
TOTAL EQUIPMENT REPLACEMENT FUND APPROPRIATIONS
Page 7 - COUNCIL BILL NO. ORDINANCE NO.
629,000
40,500
521,329
949,978
329,823
885,277
llC
LIBRARY ENDOWMENT FUND
Interfund Transfer - General Fund CIP
Operating Contingency
$ 67,500
67,500
TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS
MUSEUM ENDOWMENT FUND ---
Operating Contingency
$ 4,000
TOTAL MUSEUM ENDOWMENT FUND APPROPRIATIONS
TOTAL APPROPRIATIONS -- ALL FUNDS
UNAPPROPRIATED REQUIREMENTS:
General Fund:
Fund Balance Reserve - Court
General Fund Operating Reserve Fund:
Unappropriated Balance
Bonded Debt Fund:
Unappropriated Balance
Bancroft Bond Fund:
Unappropriated Balance
General Fund Capital Improvement Fund:
Fund Balance Reserve - Police
Fund Balance Reserve - Building
Transportation Impact Fee:
Reserve for Future Capacity
Storm Water System Development Fund:
Reserve for Future Capacity
Sewer Treatment Construction:
Reserve for DEQ First Loan
Reserve for DEQ Second Loan
Wastewater Fund:
Reserve for DEQ Loan Repayment
Unappropriated Balance
20,000
150,000
82,500
1,000
10,000
15,000
124,091
90,087
296,882
1,928,285
292,125
200,000
Water System Development Trust Fund:
Reserve for Future Capacity
Central Stores Working Capital Fund:
Unappropriated Balance
Equipment Replacement Fund - Street:
Unappropriated Balance
TOTAL UNAPPROPRIATED REQUIREMENTS -- ALL FUNDS
1,064,182
20,000
32,000
TOTAL 2000-2001 CITY BUDGET
Page 8 - COUNCIL BILL NO.
ORDINANCE NO.
$ 135,000
$ 4,000
$35,757,292
$ 4,294,152
$40,051,444
llC
Section 4. That the City Recorder shall certify the tax rate and tax levy to the County Clerk and
County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and
the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in
accordance with the provisions of the Local Budget Laws of the State of Oregon.
Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any
reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its
operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the
controversy in which such judgment is rendered.
Section 6. This ordinance being necessary for the public peace, health and safety, in that a
budget for fiscal year 2001-2002 needs to be adopted by July 1, 2001 in order to continue City services, an
emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to Formi'~ _~.~{'~~) b'- ~_Z-~00 { City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 9 - COUNCIL BILL NO.
ORDINANCE. NO.
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MEMO
TO:
FROM:
SUBJECT:
City Council th rough City Ad m inistr~~
Public Works Program Manager '~,~/-" ~-
Agreement for Site Lease for Voicestream PCS I, LLC to Utilize Water
Tower
DATE: June 20, 2001
RECOMMENDATION: Approve the attached resolution entering into a site lease
agreement with Voicestream PCS I, LLC for use of the city water tower for
telecommunications antennas.
BACKGROUND: The Voicestream PCS I, LLC 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.
lid
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO A SITE LEASE AGREEMENT FOR SPACE ON THE CITY
WATER TOWERS WITH VOICESTREAM PCS I, LLC AND AUTHORIZING THE MAYOR TO
SIGN SUCH AGREEMENT.
WHEREAS, The Voicestream PCS I, LLC 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 Voicestream PCS
I, LLC 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 Voicestream PCS I, LLC 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.
11[
Approved as to form:
City Attorney
Date
APPROVED:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
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SITE LEASE AGREEMENT
Duplicate Original
1 of 2
THIS SITE LEASE AGREEMENT ("Lease") is entered into this __ day of
2001, between CITY OF WOODBURN, an Oregon municipal corporation ("Landlord") and
VOICESTREAM, PCS I, LLC, a Delaware Limited Liability Company ("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 August 1,
2001 (the "Commencement Date"), 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.
Page 1 - SITE LEASE AGREEMENT
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Duplicate Original
1 of 2
c. If Tenant shall not have obtained all Governmental Approvals necessary
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. Renesval. 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.
Page 2 - SITE LEASE AGREEMENT
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Duplicate Original
1 of 2
7. Improvements; Utilities; Access.
a. Tenant shall have the right, at its expense, to erect and maintain on the Premises
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.
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,
Page 3 - SITE LEASE AGREEMENT
llD
Duplicate Original
1 of 2
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 I0 day period;
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 rights 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 Woodburn 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
Page 4 - SITE LEASE AGREEMENT
liD
Duplicate Original
I of 2
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.
1 I. Insurance. Tenant shall maintain public liability and property damage insurance
including automobile liability insurance and a fire legal liability endorsement, that protects
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 covering 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 right 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 fight 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:
Page 5 - SITE LEASE AGREEMENT
llD
If to Landlord, to:
Ci_ty Administrator, City of Woodburn
270 Montgomery_ Street
Woodburn, Oregon 97071
Duplicate Original
1 of 2
If to Tenant, to:
VOICESTREAM PCS I, LLC.
12920 SE 38th Street
Bellevue, WA 98006
Attn: PCS Leasing Administrator
With a copy to: 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
contrary, Landlord will defend Tenant's right 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 litigatiort 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.
Page 6 - SITE LEASE AGREEMENT
.!ID
Duplicate Original
1 of 2
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 rights or use of the
Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party.
Oregon.
do
This Lease shall be construed in accordance with the laws of the State of
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.
f. 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.
VOICESTREAM PCS I, LLC
BY:
ITS:
STATE OF )
) 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
VOICESTREAM PCS I, LLC, 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.
Notary Public in and for said State
My Commission Expires:
Page 7 - SITE LEASE AGREEMENT
lid
Duplicate Original
1 of 2
CITY OF WOODBURN, OREGON
Richard Jennings, Mayor
City of Woodbum
STATE OF OREGON )
) SSo
County of Marion )
The foregoing instrument was acknowledged before me this ~ day of ,
2001 by Richard 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
City of Woodbum, Oregon
Notary Public for Oregon
My Commission Expires:
Page 8 - SITE LEASE AGREEMENT
llD
EXHIBIT A
Legal Descr~p[~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 1 25, Page 369, Parcel No. 6,
Volume 320, Page 21 9, Beginning on the east boundary of the right of way
of the SPRR where the north boundary of the county road leading from
Woodbum 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
lid
Parcel No. 5. lots I. 2. 3, 8, 4. Block 6. Woodburn Packing Co. Addition w,th exceptfons as
described ir~ Volume 125, Page 369, Parcel No. tS. Volume 320. Page 219. Beg,nning 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.
Parcel No. 5, lots !, 2, 3, & 4, 8lock 6, Woodburn Packing Co. Addition with exceptions as
described in Volume 1:75, 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 c(~unty road being also known as Cleveland Street. in Woodbum. Oregon.
running thence' northeasterly along the east bounda~"y of ~he SPRR to the lands of UG Ounn.
thence on the south boundary of said Ounn's land I00' to the southeast corne~ of said
i~,nds, thence, along the west boundary of tt{e Woodbum Packing Company's addition to the
town of Woodbum same being in a s(~uthwesterty 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 C
liD
To:
From:
Date:
Re:
WOODBURN
Incorporated 1889
Woodburn City Council and Mayor
through John Brown, City Admininstrator
Woodburn Public Library Board
through Linda Sprauer, Library Directo
June 6, 2001
Increase in the out-of-city resident fee
Background Information:
For the past 25+ years city libraries in Polk, Yamhill and Marion counties have provided
library services to out-of-city residents through a contract with the Chemeketa Cooperative
Regional Library Service (CCRLS). This service is supported by city and out-of-city residents
through property taxes of eight cents (8¢) per $1,000 assessed valuation, or $8 a year for a
$100,000 home. In addition, city residents supporting a public library within CCRLS pay an
average of sixty-two cents (62¢) per $1,000 assessed valuation or $62 a year for a $100,000
home. This tax inequity has prompted the majority of cities in CCRLS to institute a user fee for
out-of-city residents. This fee has been endorsed by the CCRLS Advisory Council, library
governing boards and city councils.
Explanation:
In 1999, several CCRLS libraries, including Woodburn's, began to charge a $10 fee to
adjust for the disparity between the amount city and Silver Falls Library District residents were
paying for library service when compared to residents of unincorporated areas. The intention
last year in moving from $10 per year per household to $25 per year per household (approx.
50%) was that the library would continue to increase the fee to 75% of parity (approximately
$40 per year per household) in the 2001-2002 fiscal year, and to100% of parity (approximately
$60 per year) in fiscal year 2002-2003. These increases allow Woodburn to remain consistent
with most other libraries within CCRLS thus reducing confusion of patrons who encounter
different amounts being charged by libraries for essentially the same services and also to bring
the library closer to 'equity' with the amount paid by city residents through their taxes for this
level of library services.
To "ease the pain" of this increase somewhat, the Library Board further recommends
the library join with most of the libraries throughout CCRLS in instituting a "Kid's Card," also
beginning July 1, 2001.
Recommendation:
The Woodburn Public Library Board recommendation:
,/ The fee charged for library service to out-of-city residents, beyond the
Chemeketa Cooperative Regional Library Service (CCRLS) basic service (one
item checked out and one hold at a time per card holder), be increased from $25
per household to $40 per household effective July 1, 2001 for the fiscal year of
2000-2001; and
,/ The Woodburn library issue Kid's Cards to out-of-city resident youth ages infant
through age 14.
To increase the fee, Council will need to amend the 2000-2001 Master Fee Schedule.
Woodburn Public Library
280 Garfield Street · Woodburn, Oregon 97071
Ph.503-982-5263 · Fax 503-982-5258
liE
Woodburn Public Library
Library Card Options
effective July 1, 2001
liE
Resident or
Property Owner in Woodburn Public Library
no fees - already paid for through your Woodburn Public Library property taxes
full range of services provided by Woodburn Public Library, including Internet access
access to materials at all 17 Chemeketa Cooperative Regional Library Service (CCRLS)
member libraries
Resident of Chemeketa Cooperative Regional Library Service (CCRLS) District
Option I - Basic Card:
· no fees - individual limited-use cardpaidfor through CCRLSproperty taxes
· one item to be checked out on each card at any one time
· one item may be on hold for each card at any one time
· Woodburn Public Library or other member library's resources and collections may be
used on the premises
Option II - Full Service Card:
· annual household fee card for a cost of $40. O0
· access to the full range of library services, including Intemet access
· access to materials at all 17 Chemeketa Cooperative Regional Library Service (CCRLS)
member libraries
Option III - Kid's Card:
· free to children through 14 years of age
· allows check-out of materials from Woodburn Public Library's Youth Services Room
· for use only at Woodburn Public Library
Non-Resident of Chemeketa Cooperative Regional Library Service (CCRLS) District
Option I:
· annual household fee card for a cost of $75. O0
· access to the full range of library services, including Internet access
· access to materials at all 17 Chemeketa Cooperative Regional Library Service (CCRLS)
member libraries
Option II:
· no fees & noproperty tax funding to Woodburn Public
Library
· Woodbum Public Library resources and collections may be
used on the premises
Further questions about Woodbum Public Library?
Please call the library's Circulation Desk at: 503-982-5262
Or the Library Director at: 503-982-5263
Further questions about the regional library cooperative?
Please contact the CCRLS office at Chemeketa Community College at: 503-399-5105.
liE
COUNCIL BILL NO. ~ ~ ~ o
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2245 (THE MASTER FEE
SCHEDULE) TO INCREASE THE NON-RESIDENT LIBRARY CARD FEE FOR NON-
RESIDENTS OF THE CITY RESIDING INSIDE THE CCRLS SYSTEM BOUNDARIES
AND DECLARING AN EMERGENCY.
WHEREAS, libraries in the Chemeketa Cooperative Regional Library Service (CCRLS)
area are coordinating an increase in the non-resident library card fee for non-residents of their
jurisdiction living inside the CCRLS system boundaries; and
WHEREAS, the Woodburn Public Library Board has recommended the fee increase to
the City Council of this fee; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 2245 (the Master Fee Schedule) is hereby amended to increase
the non-resident library card fee applicable to non-residents of the City resding inside the
CCRLS system boundaries fi.om $25.00 to $40.00 per household for use of the full range of
library services effective July 1,2001.
Section 2. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor.
Approved as to form.~~~__~__'" ~O" ~9~ [
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.
ORDINANCE NO.
llF
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and Council ~
John Brown, City Administrator
Mary Tennant, City Recorder ~
June 21, 2001
State Revenue Sharing Funds for Fiscal Year 2001-02
Recommendation: Council adopt the attached resolution declaring the City's election to receive
State Revenue Sharing funds during fiscal year 2001-02.
Background: In order to receive State Revenue Sharing funds, the City is required to hold
budget hearings before the Budget Committee and City Council whereby the public has an
opportunity to comment on the proposed use of State Revenue Sharing funds to be received by
the City. Once the hearings have been held, the Council is then required to pass a resolution to
declare it's election to receive the funds. The adopted resolution must then be filed with the
State's Dept. of Administrative Services prior to July 31st.
Discussion: The Budget Committee held their hearing on the 2001-02 City budget on May 15,
2001, and the budget hearing before the City Council was held on June 11,2001. At both
hearings, the public was invited to comment on the proposed City budget which included the
State Revenue Sharing Fund budget.
Financial Impact: For fiscal year 2001-02, the City anticipates receiving $107,000 from the
State Revenue Sharing program with the majority of the these funds being appropriated to street
related projects.
llF
COUNCIL BILL NO.
RESOLUTION NO.
AN RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE
REVENUES DURING FISCAL YEAR 2001-02.
Whereas, ORS 221.770 requires cities to pass a resolution annually declaring
their election to receive state revenue sharing, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state
revenues for fiscal year 2001-2002.
Approved as to Form
City Attorney Date
APPROVED
RICHARD JENNINGS, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Council Bill No.
Resolution No.
11G
Staff Report
To: Mayor and City Council via John Brown, City Administrat~
From'- D. Randall Westdck, Recreation and Parks Directort~J'"
Date: June 20, 2001
Re: Hermanson Park 3, Wetlands Enhancement Project
RECOMMENDATION:
As recommended by the Recreation and Parks Board, approve the Wetlands Enhancement
Plan and authorize the Luckey Company to use the park to make subject improvements
subject to obtaining a floodway encroachment permit through the Public Works Department.
BACKGROUND:
The Luckey Company, a local residential developer, has been ordered by the Division of
State Lands to complete an enhancement project to mitigate the loss of wetlands resulting
from recent residential construction. After conducting an inventory of available parkland, Paul
Sedoruk, the Luckey Company's land use consultant, determined that Hermanson Park 3
would be most suitable for such a project.
At the Board's regularly scheduled October meeting, the Board informally heard a proposal
from Mr. Sedoruk on the proposed wetland enhancement project at Hermanson Park 3. The
Board expressed interest in project and conducted a workshop with park neighbors to further
discuss the project as a part of the November meeting (flyer and mailing list attached).
Since this is a new approach to develop City parkland, Mr. Sedoruk and City staff presented
the concept to the City Council on January 8, 2001. At that meeting, the Council expressed
support for the project and retumed the project to the Board to complete the November
workshop, work with the developer to refine the project and to consider a recommendation to
the Council for project approval.
On February 12, 2001, the City Council adopted goals for the 2001-03 biennium. This
document included wetlands enhancement at Hermanson Park 3 wi~in the City Council's
goals.
Recreation and Parks Department staff mailed a flyer describing the project and announcing
the March 13, 2001 workshop (flyer and mailing list attached) to neighbors surrounding the
park and to other interested parties. About 10 neighbors attended that meeting and
expressed concerns regarding flooding, mosquitoes, and neighborhood secudty problems
resulting from increased vegetation. Included within Mr. Sedoruk's report is an engineer's
opinion lhat the project will not increase flooding. Mosquitoes are not expected to become a
problem since the design keeps the water flowing through park. Considerable concems were
raised regarding neighborhood security. To address this problem, Mr. Sedoruk proposed a
revised design that reduces the understory plantings and diminishes thickets where
inappropriate activity could occur. This concept received concurrence from staff, the Board,
Mr. Sedoruk and the neighbors attending the workshop. The Board instructed Mr. Sedoruk to
conduct a meeting only especially for the neighborhood and return to the May meeting with a
design that is more open, with fewer thickets that the neighbors have reviewed.
On Apdl 5, 2001, Mr. Sedoruk conducted a neighborhood workshop at the Woodbum
Community Center (flyer and mailing list attached). Attending the meeting were Mr. Sedoruk,
Chief of Police Paul Null, WRPB Chair Janet Greenwell, Recreation and Parks Department
staff and two representatives from the neighborhood. Based on discussions at that workshop
and an informal neighborhood survey, the revised plan was developed.
Mr. Sedoruk presented the revised plan as attached to the Recreation and Parks Board at
the Apd117, 2001 meeting. After headng input from Mr. Sedoruk and surrounding neighbors,
the Board voted unanimously to recommend to the City Council, approval of the
enhancement plan and use of the park for the development project subject to approval from
the Division of State Lands, Corps of Engineers and secudng a Public Works Department
The Board also has recommended to the City Council that the City begin a master planning
process that will guide development of the City's greenways. Such a plan would set forth
general criteria against which proposals such as Mr. Sedoruk has proposed.
DISCUSSION:
The Recreation and Parks Board approved the plan only after significant consultation with
staff, the developer's consultant and the surrounding neighbors. After agreeing the project
had merit in October, the Board met in a workshop format with neighbors on November 14,
2000 and March 13, 2001. As requested by the Board, Mr. Sedoruk convened a special
workshop on Apdl 5, 2001 for neighbors to express concems on the enhancement project.
At the Board's Apdl 17, 2001 meeting, the Board again heard comments from the public
regarding the project.
Attached for the City Council's consideration is the plan that the Recreation and Parks Board
approved. Mr. Sedoruk also has included a narrative description of the proposed project and
an analysis of the project from Stephen Hale, PE of Land Tech Incorporated.
The Parks and Recreation Comprehensive Plan Update and the City's transportation plan
both designate Mill Creek as a future non-motorized transportation corridor. The plan was
developed with consideration to future construction of walking or bicycle paths as proposed in
these plans.
Until the Division of State Lands deems the plants as "established," the developer will be
responsible for maintenance of the project. When complete, the Recreation and Parks
Department will maintain the facility as a natural resource ama.
Attachments
llG
Herrnanson Park 3, We~ands Enhancement Project
Page2
TO OUR FRIENDS AT
1080 WILSON ST
WOODI)URN, OR 97071
TO OUR FRIENDS AT
1062 ~0UILSON ST
%v,/OODBURN, OR 97071
TO OUR FRIENDS AT
1040 ~,YlLSON ST
kY,/OODBURN, OR 97071
llG
TO OUR FRIENDS AT
980 ~(/ILSON ST
g/OODBURN, OR 97071
TO OUR FRIENDS AT
960 g/Il. SON ST
~UOODBURN, OR 97071
TO OUR FRIENDS AT
900 ~UILSON ST
~UOODBURN, OR 97071
TO OUR FRIENDS AT
888 VUILSON ST
~J(/OODBURN, OR 97071
M. Bergeron & L. Ells'worth
798 V(/ILSON ST
~XYOODBURN, OR 97071
TO OUR FRIENDS AT
672 HERMANSON ST
kYJOODBURN, OR 97071
TO OUR FRIENDS AT
700 HERMANSON ST
~0(YOODBURN, OR 97071
TO OUR FRIENDS AT
740 HERMANSON ST
~vv,/OODBURN, OR 97071
TO OUR FRIENDS AT
800 HERMANSON ST
~Y, YOODBURN, OR 97071
TO OUR FRIENDS AT
810 HERMANSON ST
WOODBURN, OR 97071
TO OUR FRIENDS AT
820 HERMANSON ST
'vv,/OODBURN, OR 97071
MEL $CHMIDT
840 HERMANSON ST
~(/OODBURN, OR 97071
TO OUR FRIENDS AT
860 HERMAN$ON ST
'~Y,/OODBURN, OR 97071
TO OUR FRIENDS AT
920 HERMANSON ST
'0UOODBURN, OR 97071
TO OUR FRIENDS AT
932 HERMANSON ST
~(/OODBURN, OR 97071
TO OUR FRIENDS AT
944 HERMANSON ST
~0(/OODBURN, OR 97071
TO OUR FRIENDS AT
956 HERMANSON ST
~(/OODBURN, OR 97071
TO OUR FRIENDS AT
877 AMITY CT
~/OODBURN, OR 97071
TO OUR FRIENDS AT
895 AMITY CT
'0UOODBURN, OR 97071
TO OUR FRIENDS AT
917 AMITY CT
~0UOODBURN, OR 97071
TO OUR FRIENDS AT
933 AMITY CT
~Y,/OODBURN, OR 97071
BOB & MYRA VOGEL
960 AMITY CT
'O(/OODBURN, OR 97071
The CHERNISHOFF Family
978 AMITY CT
~0(/OODBURN, OR 97071
TO OUR FRIENDS AT
659 JULIE CT
~v~UOODBURN, OR 97071
TO OUR FRIENDS AT
647 JULIE CT
~XJ'OODBURN, OR 97071
TO OUR FRIENDS AT
623 JULIE CT
~,/OODBURN, OR 97071
TO OUR FRIENDS AT
602 JULIE CT
~X/OODBURN, OR 97071
TO OUR FRIENDS AT
614 JULIE CT
~0(/OODBURN, OR 97071
TO OUR FRIENDS AT
626 JULIE CT
¥(/OODBURN, OR 97071
TO OUR FRIENDS AT
1242 JUDY ST
~JOODBURN, OR 97071
TO OUR FRIENDS AT
1226 JUDY ST
~/OODBURN, OR 97071
TO OUR FRIENDS AT
1210 JUDY ST
~0(/OODBURN, OR 97071
TO OUR FRIENDS AT
1215 JUDY ST
~0(/OODBURN, OR 97071
The GARNER Family
976 HERMAN$ON ~T'
~JOODBURN, OR 97071
RICHARD HAMMOND
1655 Park Avenue
Woodbum, OR 97071
FRANK ANDERSON
140 Smith Drive
Woodbum, OR 97071
DEBBIE WOLFER
668 Ironwood Terrace
Woodbum, OR 97071
JANET GREENWELL
1075 Orchard Lane
Woodburn, OR 97071
PATRICIA WATTS
793 Young Street
Woodburn, OR 97071
SHARON FELIX
260 Seneca Court
Woodbum, OR 97071
HERB MITTMANN
365 Ironwood Terrace
Woodbum, OR 97071
llG
Greenway
Workshop
TUESDAY, NOVEMBER 1 4,
2000
7:00 P.M., CITY COUNCIL
CHAMBER
WOODBURN CITY HALL
270 MONTGOMERY STREET
The Woodburn Recreation and Parks Board is hosting a
Greenway enhancement workshop to discuss proposed
improvements to VVoodburn's Mill Creek Greenway lo-
cated at Hermanson Park III. At this meeting, the Board
is interested in hearing neighbors opinions on this plan.
The plan proposes to restore wetland habitats and im-
prove flood control capacity through the introduction of
vegetation and modifying the stream's channel.
The Board wants to hear your ideas and concerns.
For more information call:
WOODBURN RECREATION AND
PARKS DEPARTMENT
(503) 982-5264
llG
Green way Workshop II
TUESDAY, MARCH 13, 2001
7:00 P.M.
CITY COUNCIL CHAMBER
WOODBURN CITY HALL
270 MONTGOMERY STREET
The Woodburn Recreation and Parks Board is continuing
the Greenway enhancement workshop convened last fall
to discuss proposed improvements to Woodburn's Mill
Creek Greenway located at Hermanson Park II1. At this
meeting, the Board is interested in hearing public opinions
on this plan. The plan proposes to restore wetland habi-
tats and improve flood control capacity through the intro-
duction of vegetation and modifying the stream's channel.
The Board wants to hear your ideas and concerns.
I I I
For more information call:
WOODBURN RECREATION AND
PARKS DEPARTMENT
(503) 982-5264
llG
W.O OD BURN
Incorporated 1889
Wetlands Enhancement OesJgn ff~orkshop
Thursda~ AprJl ~, ~00!
7:00p. m.
Woodbum CommunJty Center
~ ! IV. Third Street
You are/nv/ted to a workshop to reworlc the Hermanson Park/%, 3 wet/ands
enhancement design. Paul Sedoruk and City staff wi# be on hand to hear your
ideas and incorporate them into a plan for presentation to the
Recreation and Parks Board on Apr# !7, 2001.
For more information, call the Recreation and Parks Department at
($03) 982-$264
PAUL C. SEDORUK, AIA
Architect and Urban Designer
4185 Monroe Ave. NE
Salem, OR 97301 ! icj
Tel: 503-585-4873
June lB, 2001
Attention: Randy Westrick
Recreation and Parks Director
Cib/Of Woodburn
City Council Meeting on June 23, 2001
RE: Hermanson Park 3 Wetland Enhancement
Honorable Council,
I have provided you with copies of my revised Wetland Enhancement Plan for Hermanson Park:3 for your
review and approval. As you may recall, this project presents a unique opportunity for the City 'of Woodburn
to work with a private developer to enhance a City Park. My client, the Luckey Company, is working with the
Oregon Division of State Lands (DSL), and the City of Woodburn Recreation and Parks ~Department to
mitigate wetlands, which were impacted during the construction of Briddlewood Estates. While DSL Policy
allows wetland impacts to be off-site, they prefer the mitigation site be within the same drainage basin and
as dose to the impact as practicable.
The City has been receptive to the proposed enhancement plan and ~ have been working closely with the
Parks and Recreation Department, Public Works, the Parks Board and the adjacent properly owners in
desigr~ing the proposed Wetland Enhancement P[ar~. The enhancement proposed would create o braided
stream corridor and a parallel riparian zone, which will enhance the water quality of this portion of Mill
Creek. In addition fo enhancing the wafer qualify, the plantings will provide a diverse habitat for the small
mammals and birds that frequent the area.
Grading a shallow swale along the East Side of the existing channel and stand of Ash trees can create a
Braided stream channel. This swale will receive water from an existing storm water out-flow locate west of
Judy Street. On the West Side of existing channel, a series of shallow depressions will be hollowed out to
create backwater areas, which will fill during high water times. In.addition, the grade of the existing channel
will be flattened for short stretches by the strategic location of rpcks or logs, which will .createsmal!
backwaters and riffles. :~ ~.~
The Riparian Zone will be constructed along the eastern edge of Hermanson Park 3 and will provide shade
and diverse habitat for the steam corridor. The planting consists of native trees, which will from a canopy
zone and a light under story of native shrubs. Both the trees and the shrubs will be planted in areas, which
meet their needs for light and water. They have been selected from an approved list of native.vegetation
provided by DSL. In addition to supplying food, shelter and shade their roots and leaves wit minimize soil
erosion along the creek.
The creek bed, swale bottom and shallow depressions will be planted with wetland vegetation, which will
improve water quality. The planting of meadows with native vegetation will complete the mitigation effort
and will provide color in addition to ground cover.
By increasing the blo-diversity along this section of Mill Creek will enhance the water quality of the Mill
Creek Basin. The plantings will cool the stream by shading it; they will absorb nitrogen qnd phosphorous;
They will slow the stream velocity permitting solids fo settle; and minimize soil erosion. The reducing of
stream grades will aid in the abserbing of minerals, allow solids to settle and reduce erosion, while the
creation of small riffles wi~ oxygenate and aerate the water. This enhancement will comply with i:edera~ and
State guidelines for The Clean Water Act and The Endangered Species Act.
llG
I have also attached a letter from Steve Hale, PE. at Land Tech Engineering for your use, which addresses
the concerns about the impact the project will have on the 100-Year Flood Plain for Mill Creek. David
Torgeson, PE, Department of Public Works, has reviewed this letter for the City of Woodburn, and he
supports it conclusion that the proposed enhancement will not affect the 100-Year Flood Plain for Mill
Creek. The Department of Public Works will review the final plans for compliance to local, state and federal
standards before permitting any Work to begin within the floodplain.
I am present this evening to answer any question which the City Council might have.
Attachments
Letter to Public Works from Steve Hale, PE, PLS
PAUL C. SEDORUK, AIA
Architect and Urban Designer
4185 Monroe Ave. NE
Salem, OR 97301 1ICa
Tel: 503,585-4873
REVISED PLANT LIST
FOR
HERMANSON PARK 3 WETLAND ENHANCEMENT
Plant Quantity Size J Habitat /Moisture Light
Type Original Propped ,
Oregon Ash 24 6 3 gal shade Wet. Sun
Western Red Cedar 13 4 2 gal nesting Moist Shade
Willow 6 6 Cuffing erosion Wet Sun
Vine Maple 12 ., 4 3 gal shade Moist Both
Big Leaf Maple2 . 4 5 gal shade Moist Both
' Douglas Fir ' 1 2 2 gal, ~esting D~ Both
Flowering Dogwood 1 2 5 gal ber~ D~ Shade
Red-osier ~o~wood 60 60 Cu~in~ ~onobirds I W~t Shod~
Douglas Spirea 40 24 3 gal seeds J Wet Sun
Red Elderber~ 50' "'60 2 gal ,fruit ~ Moist Shade
Dwarf Rose 1~ ~6
I
Oceanspray 1 gal seeds J D'~ Sun
R~ Flowering Current 60 48 2 ga[ berries J D~' ~ Both
Hawthorns 50 12 1 gal Fruit& cover ] Moist Shade
w,,,ows o
Western manna-grass, American s!oughgross, Seed
' [ Quali~J Wet Sun
Baltic rush and Beaked sedge.
Springbank colver, Slough sedge and CommomPlug or bulb · J Water Moist Both
camas ,' ? ·,
Aster, Lupine, BuflercuP,Thimble cloverWeStern yarrow and Seed or bulb J seeds. D~: .. Both
LAND TECH
INCORPORATED
City of Woodburn
Department of Public Works
Portland O$~e:
· 8835 SW CanYon Lane
· Suite #402
Portland, OR 9722.5
(503) 291-9398
Fax: (503) 291-1613
IlG
RE; Hermanson Park III, Mitigation Plan
To Whom It May Concern: ~
I have reviewed the proposed mitigation plan for Hermanson Park III in Woodburn Oregon
at the request of Paul C. Sedoruk. The plans require the construction of shallow shale on
the West Side of Mill Creek along with additional plantings within the park. The aboVe
improvements will be outside of the existing floodway of Mill Creek and will have little if
any measurable affect on the existing 100-year flood plain elevation. The removal of 2000-
3000 cubic yards of earth, necessary to construct the swale, will enhance the storage
capacity of the flood plain in this area. In, addition because of the width of tha 100.year
flood plain, over 240 feet at the narrowest point, and a mean velocity of 0.5 feet per
second (See Federal Emergency Management Data, Table 6) the probability'o{ the
proposed vegetation creating a logjam, which would block the flow of Mill Creek, is
minimal.
History and Existing Conditions
Mill' Creek's current channel and flood plain was formed after the Missoula Floods, which
occurred over 11,000 years ago in the Willamette Valley. This flood had a scouring e. ffect
on the Valley floor, which modified the existing drainage system. After the fiobdwaterS
receded, a thin layer of fine sediments covered the Valley floor and filled the:existing;
stream channels. Over the years the existing streams began eroding through ybung silty
terrace alluvium creating there present channels. These stream channels have the following
general characteristics; a narrow channel incised in this silty terrace alluvium, steep
channel walls, and a wide brood flood plain. The incised channel typical is capable' of
conveying the 5 to 10 year storm events with greater storm events being. COnveyed by-the
flood plain. Mill Creek is such a creek and therefore the ex!sting channel is capable of
conveying the 5-10 years storm event, whil'e larger ~events are conveyed by the broad flood
plain adjacent to this channel.
Mill Creek existing channel is narrow, 2-3 feet wide at the bottom and approximately 2 feet
deep; it has steep side walls'and is 6-10 feet wide at the top. The basin above the
mitigation site drains approximately 1,320 acres. As stated above. the chann'elis'cal:mble
of conveying the 5-10.year storm event withi~n its channel banks. DU.ring larger Storm
events, the wide flood plain on each side of the channel is. Used to. cOnvey the flbodWaters.
The 100-year flood plain consists~ of three elements; the existing Channel; the'.br~d Plain
on each side of the channel; and the steep banks at the edges of the broad plainsi,'The.
llG
broad plains and existing channel are approximately 200 feet wide; at the narr°west point,
along this segment of Mill .Creek. The steep banks rise at a 20% slope on each.Side of the
broad plain creating a flood plain, which is approximately 240 wide (at the narr°west
point). The elevation of this 100-year regulatory flood plain is 170.8 feet (See Table 6, ·
Cross-sections BC and BD, Federal Emergency Management Data) ....
Wilson Street, which forms the southern boundary for the Mitigation Plan, is the most
restrictive point in the floodway for the segment of Mill Creek. Wilson Street has a
regUlatory flood plain elevation of 170.6 (cross-section BB) while just north of Wilson Street
the regulatory flood plain elevation is 170.0 (cross-section BA). The mean velocity at cross-
section BB (Wilson Street) is 2.4 feet per second, cross-section BA (just south of Wilson
Street) has a mean velocity of 0.4 feet per second, while cross-sedi0n BC (north of Wilson
Street) has a mean velocity of 0.5 feet per second.
Existing Vegetation
The existing channel is deVOid of any significant vegetation and has been id~entific~l as "a
highly disturbed ditch between houses: The vegetation on the adjacent flood' plain was
also described as," lots' of invasive specie.., with potential for enhancement high.'
(Woodburn Wetland Inventory). With the exception of an occasional ash tree the ~existing
vegetation provides little wildlife habitat and does not enhance the water quality along Mill
Creek.
Existing Hydrology
The existing channel has a tyPical cross-sectional area of 12 square feet and a wetted
section surface of 7.6 feet. The 100-year flood plain has an average cross-section area of
856 square feet at the narrowest point along this segment of Mill Creek. At this point; the
wetted surface is 254 feet. According to the FIRM Map, January 19, 2000, the 100-year
flood plain elevation, at Wilson Street is 170.6 feet. The cross-sectional area and wetted
surface area at Wilson Stree(are 88 square feet and 90 feet respectively. It appears that
Wilson Street is the most restrictive pointalong this segment of Mill Creek, a cro?s-
sectional area of 88 square ~feet vs, a cross-sectional area of 856 square feet?
Proposed Mitigation
The mitigation plan attached, illustrates the proposed topographic changes and plantings
proposed within the 100-year .flood plain. These changes are proposed for the fringes of
the flood and are'not within the floodway. The floodway is illustrated on the FIRM' map
and is 100 feet wide at cross-sections BC and BD and 88 feet wide at cross-section BB
(wilson Street).
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Topographic Modifications
The mitigation plan shows the removal of between 2,000 and 3,000 cubic yards of earth
from the fringe of the 100-year flood plain. This excavation is necessary for the
construction of a shallow swale on the West Side of Mi~l Creek and to provide the
hydrology necessary for the proposed wetland enhancement. The flow line of this swale
will be 0.5 to 1.0 feet above the existing flow JJne of Mill Creek to prevent alteration of the
existing channel.
The construction of the swale will increase the cross-sedional area and the wetted section
area of the 100 year flood plain by approximately 180 square feet and 2 feet respectively
(at its narrowest point of this segment of Mill Creek). The cross-sectional area increases
from 856 square feet to 1,036 square feet, while the wetted sedion, increase from 254 feet
to 256 feet. The swale upgrades will enhance the storage area for the 100-year flood
plain. These improvements are south of Wilson Street, which is the most restrictive point
along this segment of Mill Creek.
Vegetation
The mitigation plan illustrates the vegetation proposed within the flood plain .fringe. It has
been designed to avoid placing trees within the floodway of Mill Creek. The vegetation
proposed will not significantly modify the velocity of the water within the flood plain.
According to the Federal Emergency Management Data, Table Six, the mean velocity in the
floodway at cross-sections BC and BD is 0.3 and 0.5 feet per second respectively. The
majority of the proposed vegetation is outside of the floodway, and within the flood fringe.
The velocity in the flood plain fringe is by definition slow backwater.
Since the flood plain is over 200 feet wide at the narrowest point, it is unlikely that a
logjam would form because of th6 proposed plantings. The velocity in the floodWay ranges
between 0.3 and 0.5 feet per Second, which is not significant to up root a healthy tree. Any
trees, which were up rootecl during a flood event, would be prevented from traveling
downstream by Wilson Street; In addition, the width of the flood plain together with its
shallow depth would inhibit the transportation of large trees downstream of the proposed
mitigation site.
Conclusion
The important faCtors, which ~control the level of the 100~year floodplain on this site~ are
Wilson Street and the broad plains on each side of the existing Channel. The proposed
excavation of over 2000 c~Jbic yards of earth from the broad flood plain will enhance the
storage capacity of the flood plain on the south side of Wilson Street. Since the storage
capacity' is being inCreaSed~the !00-Year flo~od elevation and Wil~l havea minima!
measurable affect.
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Finally, the vegetation propOsed by the mitigation plan. is within the flood plain fringe,
which by definition is defined as slow backwaters. The slow .velocity in the floodway varies
from 0,3 to 0.5 feet per second and should not uproot healthy vegetation. The width of the
flood plain, in addition to the"S!ow velocity of these backwaters Will prevent any uprooted
trees from forming a logjam across this site. Therefore, an increase of the 100-year flood
elevation during a 100-year event 'due to a logjam is highly unlikely.
Professionally,
Stephen Hale, PE, PLS
Cc Paul C. Sedoruk, AIA
PAUL C. SEDORUK, AIA
Architect and Urban Designer
4185 Monroe Ave. NE
Salem, OR 97301
Tel: 503-585-4873
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PLANT LEGEND
FOR
HERMANSON PARK 3 WETLAND ENHANCEMENT
Plant Symbol Quantity Size Ha~bii~t IM~ist~re/Light
Type
Oregon Ash a 6 3 gal shade [ Wet I Sun
Western Red Cedar b 4 2 gal nesting [ Moist [ Shade
wi ow Cu.i. [
Vine Maple d 4 I ' 3 gal shade [ Moist [ Both
Big Leaf Maple e 4 5 gal ~shade I Moist [ Both
Douglas Fir f 2 , 2 gol nesting ~ D~ J Both
Flowerin~ Dogwood g 2 ~ 5 gal ber~ ] D~ ] Shade
Plum h __ ~ .] 5gal fruit ~'l D~ I Sun
Red-osier Dogwood '~ljj~ ~0 Cu~ing songbi
Douglas Spirea j]~[~ 24 3 gal seeds J Wet J _Sun
RedEIderber~ ~~ 60 2gal fruit: ~ M0ist ~Shade
Dwarf Rose 3~
Oceanspray ~ t gal' seeds J D~ J~ Sun
R~ FloweHngCurrent ~ 48 2 gal berries ~ D~: J Both
Ha~horns q~- 12 l gal Fruit &cover ~?ist ~hade
Willows~
cu.i, We, i'sun
TOTAL SHRUBS J
Western manna-grass, American sloughgrass, Seed water J Wet I Sun
Baltic rush and Beaked sedge. Quali~
Springbank c01ver, Slough sedge and Commom Plug or bulb Water I Moist / Both
Aster, Lupine, BuflercuP,Thimble cloverWeStern yarrow and Seed or~,bulb Seeds J D~, J Both
pr~F, ar~cl for
Th~ Lu~l~,v (omp~ny
Jn cooperation with '
Thc City oF Woodburn,
Par~ Department
P~e~ed by
Pau C. X~oru~
~'~h~, O~on h~,~ ~o.
prepared for
The Luck_er (omc~anv
/ I !
In ~ooperat~on ~ith
The (it), ot~ Woodburn,
I)a rio' D~lvartmcnt
Prepared b),
I)au (./¢dorulc
Architect, Oregon li~en/e no./4C)(~
418.5 f'~roe Avcnu~ r1£./alem. OR 9Ti01
-t
I00
/
June 25, 2001
!lI
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator~
Ward Boundaries
Recommendation:
It is recommended the City Council:
Select criteria to be used in reapportioning the City's wards; and
Authorize the City Administrator to execute an agreement with the Mid-
Willamette Valley Council of Governments to update Woodburn's Ward
Boundaries, in an amount not to exceed $4,750.
Background:
Each city that elects city councilors on the basis of ward representation is
required to examine and, if necessary, modify ward boundaries within the same
year the results of the decennial census are released. Woodbum has relied on the
assistance of the Mid-Willamette Valley Council of Governments (COG) to
redraw ward boundaries in the past. Statewide reapportionment criteria are
enumerated in ORS 188.010, and were used as the basis for reapportionment in
the past. ORS 188.010 requires
· Each district, as riearly as practicable, shall:
(a). be contiguous
(b). be of equal population
(c). utilize existing geographic or political boundaries
(d). not divide cormnunities of common interest
(e). be connected by transportation links;
· No district shall be drawn for the purpose of favoring any political party,
incumbent legislator or other person
· No district shall be drawn for the purpose of diluting the voting strength
of any language or ethnic minority.
In the past, the City Council also included as a criterion that each incumbent's
residence should be retained within the same ward number.
Honorable Mayor and City Council
June 25, 2001
Page 2.
Discussion:
Census data for the 2000 decennial census are received, and we are required to
update ward boundaries as appropriate. The City Council recently agreed to
include funds in the 2001-02 budget to support contracting with the COG to once
again provide those services on the City's behalf.
The attached proposal, provided by the COG earlier this month, summarizes the
services it is willing to provide to the City during the reapportionment process.
To provide the COG with adequate guidance, the City Council must select
reapportionment criteria. It is recommended that you continue to utilize State
criteria, as previously enumerated, and continue to require that each incumbent's
residence should be retained within the same ward number. If there are other
criteria you would like to have considered, these need to be identified and
agreed upon by the Council prior to initiating the COG's work. Monday's
meeting provides an opportunity for you to identify, discuss, and reach
consensus on any additional criteria you want COG to use.
A contract is required to initiate the COG's work. It is recommended, based on
their proposal, that you authorize me to execute an agreement with COG in an
amount not to exceed $4,750. That will support basic reapportionment work
($3,750) and provide for one meeting with the City Council to review results
($500). It would also provide an additional $500, which could be used for a
Council workshop, or to generate an alternate redistricting scenario, depending
on need. Monday's meeting also provides an opportunity for the Council to
retain or eliminate this option, or to include additional options as identified in
the COG proposal and provide appropriate direction to staff regarding the
contract to be executed with the COG.
Financial Impact:
A total of $7,000 is included in the Council's budget for 2001-02 for the costs of
redistricting. The recommended contract is within the amount you have set
aside for these services.
JCB
Y
Mid-Willamette Valley
, ., gsT,LI, TSrI.,.C i I 0f G 0 v e r n
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
REC'D
MEMORANDUM
JUN 0 7 2001
WOOOBURN CCM,2UNITY
DEVELOPMEN'i' OEPT
June 6, 2001
To.'
From:
Jim Mulder, Director of Community Development
City of Woodbum
Richard Schmid~~~
Mid-Willamette Valley Council of Governments
Subject: Ward Boundaries
11I
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:~OUNTIES: Marion, Polk, Yamhill. CITIES: Amity, Aumsville, Aurora, Carlton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City,
Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Scotts Mills, Sheridan, Silverton, St.
Paul, Stayton, Sublimity, Turner, Willamina, Yamhill. SPECIAL DISTRICTS: Chehalem Park & Recreation District, Chemeketa Community College, Marion County
Fire District #1, Salem Area Transit District, Salem/Keizer School District 24J, Willamette Education Service District, Yamhill Education Service District, Yamhill
Soil & Water conservation District. INDIAN TRIBE: confederated Tribes of the Grande Ronde Community.
Additional Meetings or Council Work Sessions: $500
A standard Council work session, with a presentation by CO(} 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.
.III
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.
11I
RS:sq
llJ
MEMO
To: For Council Action, through the City Administrator~'/
From: Randy Scott, C.E. Tech Ill, through the Public Works Director''''~'
Subject: Right-of-Way Acceptance, Boones Ferry Road
Date: June 19, 2001
RECO ,MMENDATI~QN:
It is being recommended that the City Council accept the Right-of-Way as being conveyed by the
Woodburn School District and as described on Attachment "A".
BACKGROUND,:,
The right-of-way is being conveyed by Woodburn School District in conjunction with the Boones
Ferry Road Street Improvement. The additional 12.5 feet of fight-of-way will allow for the future
street widening.
Included as Attachment "A" is the properly signed Warranty Deed.
Included as Attachment "B" is a map showing the location of the right-of-way.
FORM-Warranty Deed (indiviciual or corporate) ATTACHMENT "A'
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS. That Woodburn School Dtst~'t No. 103C of Marion County, hereinafter
called the grantor, for the consideration hereinafter stated· to grantor paid by CITY OF WOODBURN. A MUNICIPAL
CORPORATION. hereinafler called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs.
successors and assigns, that certain rea[ property, with the tenements, hereditaments and appurtenances thereunto belonging or
appertaining, situated in the County of Marion and Slate of Oregon. described as follows, to-wit:
llJ
AS DESCRIBED ON EXHIBIT "A" ATTACHED
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the same unto the said grantee and grantse'a heirs, successors and assigns forever.
And said grantor hereby covenants to and with said grantee and grantae'a heirs, successors and assigns, that grantor is lawfully seized in fee
simple of the above granted premises, frae from all encumbrances
and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all
parsons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 0.0
~However, the actual consideration consists of or includes other property or value given or premised which is the
whole/part of the consideration (indicate which)? (The sentence between the symbols~, if not applicable, should be deleted. See ORS93.030.)
In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to
make the provisions hereof apply equally to corporations and to individuals.
In W~ness Whereof, the grantor has executed this instrument this ~ day of ,2001;
if a corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly autho~zed to do so by order of its
board of directors.C.~/~.,~'/3f(/'"~
THIS INSTRUMENT WiLL NOT ALLOW USE OF THE PROPERTY DE-SCRIBED .tz.~w z/ ,
IN THIS INSTRUMENT '" VIOLATION OF APPLICABLE LAND USE LAWS AND ~7"
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
Accepted by the
Woodburn City Council as
on ,2001 of
City Recorder
STATE OF OREGON, County of /~gL4"/' o/t,,
This instrument was acknowledged before me on
by
,2001,
This instrument was acknowledged before me on .f'~'/~ ~ /oc~/('~, 2001,
by
IRENE E. VELICHKO .
~ NOTARY PUBLIC O ..... NcJl:ary Pubhc for Oregon
· .C_OMMISSION NO 337303 comm~,s~on exlxres
:?_ 200
GRANTOR'S NAME AND ADDRESS
f Woodbum
- Public Works Department
270 Mo~tromery Street
Woodbum, OR. 97071
GRANTEE'S NAME AND ADDRESS
After recording return to:
City of Woodbum
Public Works Department
270 Montrome~ Street
Woodbum, OR. 97071
NAME, ADDRESS, ZIP
Until a change is requested all tax statements shall be sent to the
following address:
City of Woodbum
Pubac Works Department
270 Mmltmmery Street
Weodlx~n, OR. 97071
NAME, ADDRESS. ZIP
SPACE RESERVED
FOR
RECORDER'S USE
State of Oregon ~,
J
County of Marion
I certify that the within instru-
ment was received for record on the
day of ,20.~,
at o'clock __M., and recorded
in bookJreelNolume No. ,on
page. or as fee/flle/instm-
ment/micro§lm/reception No ,
Record of Deeds of said county.
W'imess my hand and seal of
County affixed.
Name T'~e
By.
Deputy
ATTACHMENT "A" llJ
EXHIBIT
Beginning at a point 30.00 feet westerly at a fight angle to Engineer's Centerline Station 0+35.13,
(Boone's Ferry Road), said point being on the east line of that parcel of land described by deed in
Reel 1229, Page 629, Deed Records for Marion County, Oregon; thence N88°54~0"W, a
distance of 12.77 feet to a point 42.50 feet westerly at a fight angle to Engineer's Centerline
Station 0+32.50; thence N13°00'00"E, parallel with and 42.50 feet westerly of the centerline of
Boone's Ferry Road, a distance of 966.90 feet more or less to a point on the south line &Henry's
Farm as said subdivision is recorded in the Marion County Book of Town Plats in Volume 41,
Page 46. Said point being 42.50 feet westerly at a right angle to Engineer's Centerline Station
10+01.76; thence N87°21'00"E, along said south line of Henry's Farm, a distance of 12.52 feet
more or less to a point 30.00 feet westerly at a right angle to Engineer's Centerline Station
10+02.04; thence SI3°00'00"W, parallel with and 30.00 feet westerly of the centerline of
Boone's Ferry Road, a distance of 966.90 feet to the point of beginning. The above described
parcel contains 12,086 square feet of land, more or less.
Grantor; Woodbum School District No. 103C
Map Tax Lot 015W07BD02300
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ATTACHMENT "B"
I mm
1
Illlm
LINCOLN
ELEMENTRY
SCHOOL
12.5 FOOT WIDE
RIGHT-OF-WAY
D
FRENCH
PRAIRE
MIDDLE
SCHOOL
FIRST
PRESBYTERIAN
CHURCH
MEMO
To:
From:
Subject:
Date:
For Council Action, through the City Administrator
Randy Scott, C.E. Tech m, through the Public Works Director
Utility Easement Acceptance, Boones Ferry Road
June 19, 2001
llK
It is being recommended that the City Council accept the Utility Easement as being conveyed by
the Woodburn School District and as described on Attachment "A".
BACKGRQUND:
The Utility Easement is being conveyed by Woodbum School District in conjunction with the
Boones Ferry Road Street Improvement. The 10 foot wide utility easement will allow for
rdocafion and undergrounding of franchised utilities
Included as Attachment "A" is the properly signed Utility Easement.
Included as Attachmem "B" is a map showing the location of the easement.
· ATTACHMENT "A'
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that SCHOOL DISTRICT NO. 103C of Madon County,
for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt
whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal
Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and
easement over and along the full width and length of the premises described as follows, to wit:
A 10 foot wide utility easement over and across that certain tract of land recorded and described in
Reel 1229, Page 629, in Section 7, Township 5 South, Range I West of the Willamette Meridian,
Parcel No. 51W07CA2.300, more particularly described as follows;
Beginning at a point 42.50 feet westerly at a right angle to Engineers Centerline Station 0+32.50,
(Boones Ferry Road); thence N88°54'00'~/, a distance of 10.11 feet more or less to a point 52.50
feet westerly at a right angle to Engineers Centerline Station 0+31.45; thence N13°00'00"E, parallel
with and 52.50 feet westerly of the centerline of Boones Ferry Road, a distance of 966.90 feet more
or less to a point on the easterly extension of the south line of Henrys Farm as said subdivision is
recorded in the Marion County Book of Town Plats in Volume 41, Page 46. Said point being 52.50
feet westerly at a right angle to Engineers Centerline Station 10+00.85; thence N87°21'00"E, along
said easterly extension of the south line of Henrys Farm, a distance of 10.08 feet more or less to a
point 42.50 feet westerly at a right angle to Engineers Centerline Station 10+01.76; thence
S13°00'00WV, parallel with and 42.50 feet westerly of the centerline of Boones Ferry Road, a
distance of 966.90 feet more or less to the point of beginning. The above described parcel contains
9,669 square feet of land, more or less.
Map Tax Lot 015W07BD02300
with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove,
and add to, utility pipeline or pipelines ,sidewalks, bikelanes and/or traffic control devices, with
all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and
to cut and remove from said right-of-way any trees and other obstructions which may endanger the
safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith;
and the right of ingress and egress to and over said above described premises at any and all times for
the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement
hereby granted.
THE CITY SHALL, upon each and every occasion that such utility facility is constructed,
maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and
any improvement disturbed by the City, to as good condition as they were in prior to any such
installation or work, but if not practicable, then pay to Grantors reasonable compensation.
THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways,
driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with
these purposes. EXCEPTION: No structure shall be placed within the easement, or within 45°
projection upward from t~3~. bottom of the pipe.
c_~ ~ 0'~.r/./~. ~._C,~,~..~--'~ Acceptedo. by the Woodbum City Council, 2001
~ Mary Tennant, City Recorder
City of Woodburn, Oregon
STATE OF OREGON )
)SS
COUNTY OF MARION )
On this the /
State personally appeared.
2001, before me a Notary Public in and for the County and
known to me to be the same person whose name is subscribed to the within instrument and acknowledged that
they voluntarily executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Before me:
~ OFFIC',AL SEAL I My Commission~-~ ~- ~//'~ "-~-~ ~'~Expires'./-~
IRENE E. VELICHKO NOTARY PUBLIC FOR OREGON
NOTARY PUBLIC.OREGON
COMM,SS,ON NO 337303
MY COMMISSION' f. XPii:,r.~ SFP1 22 2004
IlK
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ATTACHMENT "B"
LINCOLN
ELEMENTRY
SCHOOL
1 0 FOOT
UTILITY
WIDE
~Y ACQ~D
FRENCH
PRAIRE
MIDDLE
SCHOOL
FIRST
PRESBYTERIAN
CHURCH
IlL
June 25, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council~5
John C. Brown, City Administrator ~
Public Works Director Employment Agreement
Recommendation:
It is recommended the City Council approve and authorize the City
Administrator to execute an employment agreement with the Public Works
Director, effective June 26, 2001.
Background:
In 1998, the City Council resolved that managers could only reach the "E' step of
their compensation ranges through a merit-based evaluation process. The
resolution deferred "E' step increases until anniversary dates beginning in
January 2001. A 2000-01 goal for my department was to establish a pay-for-
performance compensation program for senior level managers. These programs
were found to have had limited success in motivating employees in other
jurisdictions. Further, Woodburn's management staff differed in their opinions
regarding how or whether they would be motivated by components of such a
program. Rather than attempt to apply a program with limited likelihood of
successfully accomplishing its intent, the Council accepted a revision of this goal
to provide for employment contracts with senior level managers willing to accept
such an agreement. The City Administrator, City Attorney Police Chief, and the
Community Development Director currently are employed under contract.
Discussion:
When senior level positions are filled in the future, it will be the policy of this
administration to do so pursuant to employment contracts. Employees hired
under contract will be "at-will", which provides incentive for strong
performance and greatly simplifies any discipline that might be required when
performance is lacking. These agreements also specify the terms of the
employee's working relationship with the city, the benefits to be extended, and
restrictions placed on the employee by such employment. The four positions
currently under contract all serve at will, and can be released at any time, with or
without cause. Severance provisions provide these employees some financial
protection for terminations without cause, and the City an incentive to avoid
hasty disciplinary decisions where specific cause to terminate does not exist.
Honorable Mayor and City Council
June 25, 2001
Page 2.
llL
Looking ahead to future vacancies, classification requirements for the position
would be evaluated and revised based on the City's needs prior to recruiting for
a senior-level management position, salary would also be evaluated and, if
necessary, re-structured to increase the chances of attracting qualified
candidates. Ultimately, a contract would be negotiated with a successful
candidate, which would provide for specific incentives and terms needed to
reach mutual agreement.
The approach I am taking in offering contracts to existing managers is to examine
the requirements of the position, and comparative salaries in other jurisdictions
for jobs with similar requirements and use that information as the basis for
establishing compensation. I believe this approach is more objective than less. It
focuses attention on what is needed to attract a field of qualified candidates, as
opposed to the attributes of a particular manager. The attributes of the particular
manager, including their longevity with the city and past contributions and
performance record, are also taken into account. I have attempted to recognize
those attributes in benefits outside salary compensation. Those benefits would
not automatically transfer to subsequent incumbents in the position, and would
be subject to negotiation.
The first two employment contracts negotiated were with the City Recorder and
the Public Works Director due to their longevity with the City and anniversary
dates of January 2001 and March 2001, respectively. A third agreement is in the
process of being negotiated with the Library director and should be presented to
the Council in the next few weeks.
Contracts follow essentially the same format as those that presently exist, and
those that will be negotiated in the future. The term of agreement is three years,
but guarantees only the conditions of employment for that period, not the
continuous employment of the individual. Employees will serve "at will", and
can be terminated at any time, with or without cause. Severance will be paid to
the employee if they are terminated without cause. Justification for cause is
specified in the agreement. The employee is free to resign or retire during the
contract period, with 45 days advance notice.
The Public Works Director's compensation is established at $7,134 per month,
which represents a 4.6 percent increase over the present salary level.
Compensation will be retroactive to March 1, 2001, when Mr. Tiwari was eligible
for a merit increase under the Council's 1998 resolution. In addition to this
compensation, the agreement also allows him to earn an additional 11 days per
Honorable Mayor and City Council
June 25, 2001
Page 3.
llL
year of vacation and increases the City's contribution to his deferred
compensation from two percent of base pay to eight percent of base pay.
Together these items increase the total value of Mr. Tiwari's compensation 15
percent, and reflect the anticipated transfer of additional divisional duties to
programs under Mr. Tiwari's control as well as his longevity with and past
contributions to the City. Annually, Mr. Tiwari's salary may be adjusted in an
amount recommended by the City Administrator, based successful completion of
goals agreed upon by him and the City Administrator.
In exchange for eliminating accrual of compensatory time off, Mr. Tiwari will
accrue 10 days per year of Executive leave. Other major provision of the
agreement allow for three months severance, in the event Mr. Tiwari is
terminated without cause, paid memberships in professional organizations, and
the use of a city vehicle, or reimbursement at the IRS rate for travel in his
personal vehicle on city business. The agreement also preserves a previous
contractual relationship established with Mr. Tiwari in 1999, related to
conversion of his retirement benefits to the PERS system.
A copy of the agreement was not available in final form at the time the agenda
for Monday night's meeting was prepared, but will be provided to you under
separate cover for your review prior to that meeting. The agreement is viewed as
fair to both parties, adequately compensates Mr. Tiwari for the responsibilities he
will execute during its term, and sets into place a mechanism for recognizing
superior performance in the future and for maintain a competitive salary for
future recruitment of a Public Works Director. For these reasons, your approval
of an employment agreement, and authorization for execution by the City
Administrator, is respectfully recommended.
JCB
June 25, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council~,.f,~
John C. Brown, City Administratm'-~'' '
City Recorder Employment Agreement
Recommendation:
It is recommended the City Council approve and authorize the City
Administrator to execute an employment agreement with the City Recorder,
effective June 26, 2001.
Background:
In 1998, the City Council resolved that managers could only reach the "E' step of
their compensation ranges through a merit-based evaluation process. The
resolution deferred "E' step increases until anniversary dates beginning in
January 2001. A 2000-01 goal for my department was to establish a pay-for-
performance compensation program for senior level managers. These programs
were found to have had limited success in motivating employees in other
jurisdictions. Further, Woodburn's management staff differed in their opinions
regarding how or whether they would be motivated by components of such a
program. Rather than attempt to apply a program with limited likelihood of
successfully accomplishing its intent, the Council accepted a revision of this goal
to provide for employment contracts with senior level managers willing to accept
such an agreement. The City Administrator, City Attorney Police Chief, and the
Community Development Director currently are employed under contract.
Discussion:
When senior level positions are filled in the future, it will be the policy of this
administration to do so pursuant to employment contracts. Employees hired
under contract will be "at-will", which provides incentive for strong
performance and greatly simplifies any discipline that might be required when
performance is lacking. These agreements also specify the terms of the
employee's working relationship with the city, the benefits to be extended, and
restrictions placed on the employee by such employment. The four positions
currently under contract all serve at will, and can be released at any time, with or
without cause. Severance provisions provide these employees some financial
protection for terminations without cause, and the City an incentive to avoid
hasty disciplinary decisions where specific cause to terminate does not exist.
Honorable Mayor and City Council
June 25, 2001
Page 2.
llM
Looking ahead to future vacancies, classification requirements for the position
would be evaluated and revised based on the City's needs prior to recruiting for
a senior-level management position, salary would also be evaluated and, if
necessary, re-structured to increase the chances of attracting qualified
candidates. Ultimately, a contract would be negotiated with a successful
candidate, which would provide for specific incentives and terms needed to
reach mutual agreement.
The approach I am taking in offering contracts to existing managers is to examine
the requirements of the position, and comparative salaries in other jurisdictions
for jobs with similar requirements and use that information as the basis for
establishing compensation. I believe this approach is more objective than less. It
focuses attention on what is needed to attract a field of qualified candidates, as
opposed to the attributes of a particular manager. The attributes of the particular
manager, including their longevity with the city and past contributions and
performance record, are also taken into account. I have attempted to recognize
those attributes in benefits outside salary compensation. Those benefits would
not automatically transfer to subsequent incumbents in the position, and would
be subject to negotiation.
The first two employment contracts negotiated were with the City Recorder and
the Public Works Director due to their longevity with the City and anniversary
dates of January 2001 and March 2001, respectively. A third agreement is in the
process of being negotiated with the Library director and should be presented to
the Council in the next few weeks.
Contracts follow essentially the same format as those that presently exist, and
those that will be negotiated in the future. The term of agreement is three years,
but guarantees only the conditions of employment for that period, not the
continuous employment of the individual. Employees will serve "at will", and
can be terminated at any time, with or without cause. Severance will be paid to
the employee if they are terminated without cause. Justification for cause is
specified in the agreement. The employee is free to resign or retire during the
contract period, with 45 days advance notice.
The City Recorder's compensation is established at $4,441 per month, which
represents an 8.7 percent increase over the present salary level. Compensation
will be retroactive to January 1, 2001, when Ms. Tennant was eligible for a merit
increase under the Council's 1998 resolution. In addition to this compensation,
the agreement also provides that the City will pay the employee's share of
Honorable Mayor and city Council
June 25, 2001
Page 3.
llM
contributions to PERS. Together these items increase the gross value of Ms.
Tennant's compensation by approximately 15 percent, and reflect the depth and
complexity of Ms. Tennant's various human resources responsibilities as well as
her longevity with and past contributions to the City. Annually, Ms. Tennant's
salary may be adjusted in an amount recommended by the City Administrator,
based successful completion of goals agreed upon by him and the City
Administrator.
It should be noted that Ms. Tennant will, upon executing this agreement, forgo a
current benefit, which allows her to convert a portion of compensatory time off,
on a monthly basis into cash payment. When that benefit is reduced, the actual
increase in Ms. Tennant's compensation under this agreement more closely
approximates 6-7 percent over the present.
As with other senior level managers with employment contracts, Ms Tennant
will now accrue 10 days per year of Executive leave, in exchange for eliminating
compensatory time off accrual. Other major provision of the agreement allow for
three months severance, in the event Ms. Tennant is terminated without cause,
paid memberships in professional organizations, and the use of a city vehicle, or
reimbursement at the IRS rate for travel in his personal vehicle on city business.
A copy of the agreement was not available in final form at the time the agenda
for Monday night's meeting was prepared, but will be provided to you under
separate cover for your review prior to that meeting. The agreement is viewed as
fair to both parties, adequately compensates Ms. Tennant for the responsibilities
she will execute during its term, and sets into place a mechanism for recognizing
superior performance in the future and for maintain a competitive salary for
future recruitment of a City Recorder. For these reasons, your approval of an
employment agreement, and authorization for execution by the City
Administrator, is respectfully recommended.
JCB
MEMO
To: For Council ActiorL, through the City Administrator
From: David N. Torgeson., P.E., through the Public Works Director
Subject: Contract award for Safety Grating at Mill Creek P.S.
Date: June 19, 2001
liN
RECOMMENDATION:
It is recommended the City Council award the contract for Safety Grating at Mill Creek P.S. to
the lowest responsible bidder, Sunhawk International, LLC. in the amount of $6,500.00.
BACKGROUND:
The work involves alterations to two catwalk-grating panels, which were removed when the Flygt
pump was installed. One of the catwalks lacks proper access fi'om the spiral stairway that extends
from the electrical equipment room to the bottom of the dryweH. The work includes modifications
to the catwalk and to the stair railing to enable safe passage to and fro. Staff invited three
specialist contractors to view the work area, and provided a solicitation containing an outline
scope for solutions to the safety needs. Two of the three submitted quotations, as follows:
1. Sunhawk International, LLC. (Forest Grove, OR) $6,500.00
2. Nichols Welding - Metal Fabrication (Salem, OR) $7,500.00
3. GTE Metal Erectors (Canby, OR) No Bid
The project will be funded using approved, budgeted sewer funds. Work will be completed within
30 days of notice-to proceed. Staffhas contacted the apparent low bidder. They express their
interest in executing this contract, and are eager to undertake the work.
110
City of Woodburn
Police Department
270 Montgomery Street
Staff Report
Woodburn, Oregon 97071 (503) 982-2352
Date: June 15, 2001
From: Paul Null, Chief of Police
To: Mayor and City Council
Through: John Brown, City Administrator
Subject:
Sound Amplification Permit - 4th of July Celebration
Liability Insurance Coverage
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.
Vee Ott, Co-Chairman of the Woodbum 4th of July Celebration, has submitted a letter to
the City requesting a sound amplification permit and extension of the City's liability
insurance for this event, which is co-sponsored by the City.
In the past, the City has approved extension of liability insurance coverage to specific
events that are co-sponsored by the City. There will be no additional insurance
premiums cost incurred by the City, however, if a claim is filed, cost will be paid by our
insurance carrier and the City's experience rate may be affected.
Recommendation: The City Council approve a sound amplification permit for July 4,
2001, from 10:00 a.m. to 11:00 p.m., and extend city liability insurance coverage for the
Woodburn 4th of July Celebration.
~110
WOODBURN 4TM OF JULY CELEBRATION
Co-Chairs and General Coordinators
Vee Ott (503) 982-5215 Larry Grosjacques (503) 981-3069
Date: June 8i:2001 . _
To' John Bro~' Citv;AdminiSl!!ttor:" ::' ' .: .:
.'-; ?.-~,~:,.¥.,:- ~,,:.:,~.z t-!~ '.~ .... .(:::;¢[t~'~:tz'' '5~t/t; ~ ':~L -i ' · -
Old Fashion 4 o~jMyPicnic M~i~~ : ~ ~:~ic ages.
again be he~d at t~e'W~aU~...~ Schoo. -' '"?,:',,.;~<::::<-.-~:. '.."..':--: '- ' '.
LiaU~i, ~n~ ~d
'~
activities for the gmos ~d mus~c~~E>~t ..... ' .:, -
Th~ you for yo~ consld~on;~ ~,.~g.~d
evem ~ it is truly a commum~ ~mfion~{~Z~ ~sh ~..~ot~teer to help ruth ~s great
event, please contact me. ..-
Vee Ott, Co-Chairman
llP
City of Woodburn
Police Department StaffReport
270 Montgomery Street Woodbum, Oregon 97071 (503) 982-2352
Date:
From:
June 18, 2001
Scott Russell, Deputy Chief of Police~
To:
Richard Jennings, Mayor
City Council
Through: John Brown, City Administrator
Subject:
Sound Amplification Permit - PCUN Community Forum
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.
Sonya Carranza on behalf of PCUN has submitted a letter to the City requesting a
sound amplification permit for a community forum to be held from 4:00 pm until 7:00 pm
on Sunday July 8th, 2001 at PCUN 300 Young St. Woodburn.
Recommendation: The City Council approve a sound amplification permit for PCUN
for Sunday July 8th, 2001 from 4:00 pm until 7:00 pm.
June 15th 2001
Mr. Paul Null
270 Montgomery St.
Woodbum,Oregon 97071
Re: PUBLIC ADDRESS SYSTEM
Dear Mr. Null,
Our office would like to request that the city of Woodburn allow PCUN (Pineros y
Campesinos Unidos Del Noreste) at 300 Young St. Woodbum, Oregon the use of our
Public Address system for a community forum on Sunday July 8th 2001 at 4:00PM.To
allow sufficient space, our Forum will take place outside. We would like for you to put it
on your agenda for the city council meeting Monday June 18, 2001.
In 1995, our office had a similar request and it was granted. If you have any questions,
feel free to call our office. If it is necessary for us to attend the meeting, please inform us.
Sincerely,
Sonya (L~'i'anza
llQ
City of Woodburn
Police Department
270 Montgomery Street
Date:
From:
To:
Staff Report
Woodburn, Oregon 97071
(503) 982-2352
June 15, 2001
Paul Null, Chief of Police
Mayor and City Council
Through: John Brown, City Administrator
Subject: Sound Amplification Permit for Woodburn Public Library
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 .qranted to responsible persons or organizations to
broadcast programs of music; news speeches or general
entertainment.
The Woodburn Public Library is requesting a sound amplification permit for weekly
"Music in The Park" events throughout the months of July and August. The events will
be held at Library Park and open to the general public.
The Library Youth Services Department is also requesting a permit to accommodate
outdoor events at Library Park during the months of June, July, and August.
Recommendation: The City Council approve a sound amplification permit for
Woodburn Public Library for each Tuesday, July through August of 2001, from 6:30
p.m. to 8:30 p.m., and, June 20, 27;July 11, 18, 25; July10, 2001, from 10:30 a.m. to
noon, and August 2, 2001 from 1:00 to 2:00 p.m., at Library Park.
CC
Linda Sprauer- Library
Randy Westrick - Parks
llQ
Woodburn Public Library
280 Garfield Street, Woodburn, OR 97071-4698 Ph. (503)982-5252
June 5,2001
Paul Null, Chief of Police
Woodbum Police Department
Woodbum, OR 97071
Dear Chief Null,
Music in the Park, sponsored by Woodbum Public Library, will be
bringing eight bands to Library Park in the months of July and August. There will be
amplified music during these events, which are all on Tuesday evenings, beginning July
10 and ending August 28.
I am writing to request a permit for having amplified music at Library
Park from 6:30 to 8:30 p.m. on Tuesday evenings July 10, 17, 24, and 31, and August 7,
14, 21, and 28. The Park is at the comer of lst and Garfield Streets.
Our Youth Services Department will be having outdoor events in Library
Park every Wednesday from 10:30 to 12 p.m. from June 20 to Aug. 1, except for July 4,
and additionally on Tuesday, July 10, from 10:30 to 12 p.m. and Thursday, Aug. 2 from
1 to 2 p.m.
Therefore, the Youth Services Department requests a permit for the use of
a sound amplifier system in Library Park for the above mentioned dates: Wednesday
mornings, 10:30 to noon on June 20 & 27; July 11, 18 & 25. Also Tuesday, July 10,
10:30 to noon and Thursday, Aug. 2, 1 to 2 p.m.
Perhaps our permit could be one overall for Library Events, or we may
need separate permits.
Yourstmly,
Linda Sprauer, Director ......................... (503) 982-5263
Donna Melendez, Cataloging & Reference ........... (503) 982-5257
Judy Brunkal LO, Udy I~runkal, Reference & Interlibrary Loan .......... (503) 982-5254
Programming ~[itlL~Wonacott, Circulation & Long Loans ........ (503) 982-5262
Mary Parra, Youth Services ...................... (503) 982-5260
FAX (503) 982-5258
REF. FAX (503) 982-2808
llR
June 25, 2001
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator--,o"---
Highway 99E Corridor Safety Report
Recommendation:
It is recommended the City Council receive the attached report, and provide
comments or direction as appropriate.
Background:
At your June 11, 2001meeting, Councilor Bjelland referred a copy of the subject
report to City staff for review and response. Response is to be made to the Mid-
Willamette Valley Area Transportation Commission (MWACT), pursuant to its
request. Councilor Bjelland serves as the representative of cities along the I-5
corridor, within MWACT's jurisdiction.
Discussion:
The Police and Public Works departments reviewed the corridor safety study,
and collaborated on developing responses to the ODOT findings and
recommendations. Those responses are attached for your review, comment, and
direction as appropriate.
JCB
11R
HVVY 99E SAFETY CORRIDOR STUDY
IV. CITY OF VVOODBURN
Review of Recommendations
SPIS SITES:
If they don't already, local police should concentrate enforcement on these three
intersections. Fifty-nine percent of the crashes is a significant portion of the
accident problem.
The city implemented a motorcycle traffic team which at 30%
traffic enforcement time has allowed for additional enforcement.
Additionally, City Council action to allow for the creation of a two
person full time traffic team in fiscal 2001-2002 will allow for
increased traffic enforcement at these locations.
The police department has increased enforcement in these areas.
This can be shown by citation statistics for traffic control device
enforcement on Hwy. 99E for the survey years which are as
follows:
1994 21 citations
1995 72 citations
1996 107 citations
1997 68 citations
1998 128 citations
1999 106 citations
2000 154 citations
2001 93 citations
so far this year
llR
PEDESTRIAN CROSSING OPPORTUNITIES:
Short Term: Construct pedestrian island immediately north of the Mt. Jefferson
Street intersection. A short island could be done now without affecting existing
turning movements. Many pedestrians cross today in this area, especially to get
to the Burger King and other businesses in the area.
There will be median work done in conjunction with the
construction of the new Safeway store north of this location. It may
be appropriate to construct this island at the same time as the
roadway improvements and median are added for that improvement
since it will be a significant pedestrian attraction on the east side of
Highway 99E. Any median in this location should not have
landscaping that requires regular maintenance. The source of
funding for design and construction of these improvement is still to
be determined.
Long Term: Construct island near the Alexandra Street intersection (McDonalds).
Any development of the parcel directly across from Alexandra would affect this
proposal. ODOT and the City should work closely with the developer to see if
pedestrians can be better accommodated. If the development requires a signal at
this intersection, then an island is not needed,
There have been discussions regarding this intersection and an
ODOT scoping meeting that included a signal for this intersection
was scheduled in May 2000 but subsequently cancelled. The
undeveloped parcel on the east side of the highway is currently
controlled by Salem Hospital. They have a current proposal for a
small 1,800 square foot clinic on the site but have indicated that
there is potential for development of a much larger urgent care
clinic at the site.
The Alexandra intersection is approximately equal distance for
Hardcastle and Mt Hood and would be a good signal location. Such
a signal should be studied and considered as part of any significant
proposals for development of the vacant land to the east. It is not
known if the Alexandra intersection currently meets any of the
signal warrants.
llR
Long Term: Construct a pedestrian island at or near the Aztec Street intersection.
This would require some access removal or realignment of the Aztec Street
approach.
The should be resolved during the reconstruction effort which is
discussed in detail under the Lincoln to SCL recommendation. This
would be the most appropriate time to look at this proposal as well
as the time to make access improvements that are needed all along
this roadway section.
ILLUMI,NATION (STREET LIGHTS) AT SIGNALS:
Short Term: Attach luminaires to at least two signal poles at Lincoln, Hardcastle,
and Young.
Increasing available light at these intersections would be beneficial
especially during the winter. The city pays for the electrical
consumption of street lighting on the state highways through
agreements with Portland General Electric (PGE).
DRIVER PEDESTRIAN BEHAVIOR:
Use existing resources and/or seek additional resources to provide increased
police enforcement and monitoring of high accident locations, including
implementation of a Targeted Pedestrian Enforcement "sting." Alert the
community of increased enforcement efforts.
Assure that the recently developed pedestrian safety education and awareness
program is embraced and implemented throughout the community to its potential.
Identify existing community organizations, churches, etc. that currently or
potentially would be interested in the promotion of transportation safety issues
within the communities. Efforts could include education and awareness on Driving
Under the Influence of Intoxicants (DUll), correct usage and use of seatbelts/child
safety seats, and driving laws in general. Unify efforts wherever possible.
The use of police resources was discussed earlier. The police
department is proactive in trying to educate the public as well as
conducting targeted enforcement activity along with the day to day
enforcement of established laws and regulations. The city is in the
midst of a series of pedestrian enforcement "sting" type of
operations. These efforts have received notice and have been
reported in the local media in an effort to educate the community on
pedestrian safety.
llR
There has been a community effort to try to educate the community
on DUII, seatbelt uses, bicycle operation and pedestrian safety.
The pedestrian/bicyclist issues that were raised are also a concern
to the police department and point out the need for the education
and enforcement that we have been engaged in for the last few
months.
However, education and enforcement cannot attain their goals of
safer roadways without good traffic engineering and design.
Therefore, any efforts to improve the design and safety of Hwy 99E
are applauded. The city would be willing to be a participant in
additional programs to further educated the public on safe use of all
roads and streets in the city.
STREET ILLUMINATION:
Develop strategy with the City to install better linear illumination. Rental of
luminaires on existing power poles is one strategy, but these are located on one
side of the highway only. It would be better to have illumination on both sides of
99E.
The city would look into addressing increased illumination earlier
through PGE installation of additional streetlights on existing power
poles along 99E. The city urban renewal program includes
improved lighting along 99E. The existing poles are on the east
side of the roadway from the SCL to Lincoln and then shift to the
west side in the section from Lincoln north that was modernized
several years ago. There are numerous lights existing on the
section from Lincoln south but the newer street section from
Lincoln to the north has very few lights. As a minimum the city will
look at installing lights on the existing power poles. Installation of
lights on the side opposite the power poles will be more difficult
since there is not power or poles readily available along that side of
the roadway.
11R
ALCOHOL INVOLVED CRASHES:
More community awareness is needed about the drinking and driving problem in
the corridor. Transportation Safety personnel and ODOT managers should work
in cooperation with other state and local officials, community leaders, school
districts, local organizations, and business owners who serve or sell alcohol, to (1)
further identify the problem and at risk individuals, (2) raise the awareness level of
the problem and (3) develop strategies to reduce the problem.
Identify existing community organizations, churches, etc. that currently or
potentially would be interested in the promotion of transportation safety issues
within the communities. Efforts could include education and awareness on Driving
Under the Influence of Intoxicants (DUll), correct usage and use of seatbelts/child
safety seats, and driving laws in general. Unify efforts wherever possible.
Increase police presence and visibility. Seek increase in police enforcement
levels through existing resources and/or additional funding.
The use of police resources was discussed earlier. In addition, the
Police Department has regularly requested and received grant
funding from the State for targeted DUII enforcement and seat belt
enforcement in this area.
The police department is proactive in trying to educate the public
as well as conducting targeted enforcement activity along with the
day to day enforcement of established laws and regulations. The
city has participated in special programs in the past that have target
the use of alcohol. These efforts have received notice and have
been reported in the local media in an effort to educate the
community on the subject of drinking and driving.
The city would be willing to coordinate and cooperate in any
endeavor that will help increase the public awareness of the
inherent dangers of the use of alcohol. It is suggested that a joint
education effort between transportation safety personnel and OLCC
regulators might be of benefit as there are numerous taverns and
package stores within the corridor
llR
SPEED:
~ Short Term: A speed zone reduction to 35 mph has been approved and signs will
be installed soon.
The city concurred with this change.
ACCESS MANAGEMENT:
Long Term: There are very good and specific access management proposals in
Woodburn's Transportation Systems Plan (TSP). ODOT and the City need to
work closely to implement this plan, either during reconstruction of the unimproved
portion or when considering redevelopment proposals.
As acknowledged, the city TSP closely evaluated access along
Highway 99E in the Linclon to SCL section and outlined the serious
need to reduce the number of access points along this roadway
section. The city has developed an access management ordinance
that follows ODOT access management policies. The city entered
into an access management agreement with ODOT for the north end
99E improvement and would anticipate a similar agreement for the
south end improvement.
LINCOLN ,STREET TO WOODBURN, S,CL:
Long Term: This section needs to be widened, bike lanes and sidewalks added,
and accesses eliminated or combined. The median left turn lane needs to be
extended to the South City Limits. This should be considered during the STIP
process.
There is a project, at least an acknowledgment of need, for a
project to improve Highway 99E from Lincoln Street to the South
City Limits. ODOT conducted a scoping meeting for such a project
in May 2000. This project has been identified as a need by the city,
is included in the city's TSP and has been included for several
years in discussions involved with STIP development.
The need for such an improvement has been known for a long time.
An environmental assessment for this section was completed in
1985 and original plans were to complete the modernization of this
section at the same time as the completed improvement north of
Lincoln. The portion south of Lincoln was deleted due to public
opposition at that time. It is now time to proceed with the
llR
modernization of 99E from Lincoln to the SCL as soon as a funding
source can be identified. The roadway surface throughout this
section is in, at best, fair condition and probably will not be
resurfaced or reconstructed until such time as this work can be
combined with a modernization project.
The city may be willing to participate in funding a portion of the
project costs since this project has been identified in the city urban
renewal program.
LINCOLN STREET INTERSECTION:
Short Term: Install luminaires on at least two of the signal poles.
Increasing available light at this intersection would be beneficial
especially during the winter. The city pays for the electrical
consumption of street lighting on the state highways through
agreements with PGE.
Long Term: The city should install a sidewalk on the south side of Lincoln Street.
This is identified in their TSP.
A project to a install sidewalk in this location may be desirable,
however, it is not currently in the city's five year capital
improvement plan. Such a project will be considered when the
capital improvement plan is reviewed during the next budget
preparation cycle.
Long Term: Reconstruct SE radius and close driveway.
This would be part of any Lincoln to SCL project. This project was
discussed in detail above.
llR
MOUNT HOOD AVENUE (HVVY214/211)INTERSECTION:
A protected left turn phase (green arrow) for Highway 214/211 legs was added a
few months ago to mitigate this problem.
The city concurred with this installation and it has improved safety
and operations at this intersection.
PROPOSED SAFEWAY RELOCATION:
Short term: Add illumination to the proposed signal poles for better nighttime
visibility. There are no luminaires on the existing signal poles.
Short Term: Retain and improve existing raised signal pole islands for pedestrian
landings, in order to reduce the crossing distances.
ODOT has worked closely with the developer of the Safeway
property to determine intersection improvements to mitigate the
impacts created by the development of the Safeway complex.
The additional illumination is probably desirable at this intersection
since it has the potential to have a significant pedestrian utilization
and should be included as part of intersection improvements. The
Safeway developer may question the need for funding of the lighting
as part of the improvement mitigation since lighting was not
addressed as part of the conditions for the proposed development.
An additional funding source may need to be determined.
The use and design of the raised pole islands for pedestrian
landings should be addressed as part of the design review process
with the developer. The islands are included in preliminary plans
for the improvements at the Highway 99E/214/211 intersection.
llR
EXISTING SAFEWAY DRIVEWAYS:
Short Term: Additional signs and legends need to be placed at the
restricted access to comply with the conditions of the Safeway road
approach permit.
The city will coordinate with ODOT on the addition of signage at
this driveway to better inform motorists that right turns only are
permitted at the access.
Long Term: A raised median needs to be placed on 99E as a part of a strategy to
deal with future development of the parcel in the east side of 99E.
This will be the only solution to eliminate the unwanted left turn
movement out of the southerly existing Safeway driveway. The
placement of this median should be considered when additional
commercial development takes place on the property to the north of
Highway 211 east of the existing Safeway location.
E d u c a t t o n ? r o_ j t
~ 138~ Chemeket~ ~-~ ~ ~~, 97~0~ (503) 587-0389° www. olverp.org
City of Woodburn
c/o City Council
270 Montgomery St.
Woodburn, OR 97071
June 25,2001
RE: Redistricting Maps for Woodburn's Ward Boundaries
Dear Woodburn City Council:
The Oregon Latino Voter Registration Education Project is a not for profit, non-
partisan organization dedicated to increasing the political participation of
Latinos in Oregon. I am writing to submit our organization's version of
reapportionment for the City of Woodburn's ward boundaries. Enclosed you
will find a copy of the proposed wards for your review.
Our goal is twofold; to have a fair and equitable redistricting process for the City
of Woodburn, and also to ensure that Latino voting strength is not diluted.
The City of Woodburn has rapidly grown over the past decade. New sub-
divisions are being built throughout the city. Woodburn's ethnic make-up is
changed as well. The United States Census figures indicate for the City of
Woodburn that Latino's have become the majority. We feel it is vital that public
elected officials represent the communities they serve. The wards would
accomplish that by drawing boundaries that reflect those communities with
similar interests.
Please accept OLVREP's proposal of the reapportionment for the City of
Woodburn. We would like to participate in throughout the process until the
wards are accepted and approved by the City Council. Feel free to contact me at
your earliest convenience.
~eliz viSincerely, ~
Co-Founder
OLVREP
Phone # (503) 981-8615
Su Voto Es Su Voz!
MEMO
TO :
THROUGH :
FROM :
DATE :
SUBJECT :
Mayor and City Council ~
John Brown, City Administratm~''
Mary Tennant, City Recorder
June 25, 2001
LIABILITY, AUTO, PROPERTY, AND WORKERS' COMPENSATION
INSURANCE PROPOSALS FOR FISCAL YEAR 2001-02
Recommendation: By motion, the Council authorize City Administrator to secure insurance contracts
for fiscal year 2001-02 for general liability, property, and workers' compensation coverage following
further analysis of quotes received from the insurance companies.
Background: Insurance proposals were obtained by Huggins Insurance (City's Agent of Record) for the
above listed coverages. Companies responding to the request for proposals were City County Insurance
Services (CIS) and Northland Insurance for general liability and property coverage. Proposals for
workers' compensation were received from CIS and State Accident Insurance Fund (SAW).
Insurance coverage limits differ between the companies for the coverage being quoted, and as a result,
there is a cost difference that must be considered. Additionally, there is no requirement that the City
purchase the complete package from any one company and, as in the past, we have purchased coverage
based on insurance needs relative to premium costs.
Discussion:
Since Huggins Insurance did not receive the insurance quotes until late this afternoon, they were unable
to carefully review the coverage limitations and costs in order to provide us with a recommendation as to
which companies to bind coverage with for fiscal year 2001-02. In regards to liability coverage, we have
had a $2 million single limit with CIS for many years, however, an Oregon Supreme Court decision is
making us look more closely at either a $3, $4, or $5 million single limit which will increase the
premium cost to the City. At the last general election, statewide Ballot Measure 81 was defeated which
would have given the Oregon legislature the ability to limit damage awards thereby reducing the City's
need for higher coverage limits.
Currently, the City has general liability, auto, and workers' compensation insurance coverage through
CIS. Our property insurance carder is Northland Insurance. Quotes for general liability and auto, based
on $2 million single limit, are approximately $10,000 greater than the current year while property
insurance will increase by approximately $6,000. In regards to workers' compensation, it is anticipated
that the City will be moving from a retrospective plan to a guaranteed cost plan due to a very recent
Oregon Supreme Court ruling that public entities could be sued under the Workers' Compensation law
under certain circumstances. Overall, the guaranteed cost plan will protect the City from the adverse
loss trend in the workers' compensation industry. The City will see little or no cost increase over the
current fiscal year for this coverage.
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in Site Plan Review 00-12, Variance 01-04, Partition 01-01.
The nature of the hearing is to consider an appeal of the Woodburn Planning Commission's decision on April 12,
2001 to approve a retail shopping center on a 10.36 acre site located at the southeast comer of the intersection of
Highway 99E and Highway 211. The appellant in this matter is Northwest Real Estate Services, Inc. The applicant
is Pacific Realty Associates, L.P.
1. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive
criteria is listed in the notice of public hearing and is as follows:
Site Plan Review 00-12:
3.
4.
5.
Woodburn Zoning Ordinance:
Chapter 8 General Standards
Chapter 10 Off Street Parking, Loading & Driveway Standards
Chapter 11 Site Plan Review
Chapter 29 Commercial Retail District
Chapter 30 Commercial General District
Woodburn Landscaping Policies and Standards
Woodburn Access Management Ordinance
Woodburn Transportation Systems Plan
Woodburn Sign Ordinance
Varianc_e 01-04:
Woodbum Zoning Ordinance: Chapter 13, Variance Procedures
Woodburn Sign Ordinance
Partition 01-01:
o
Woodbum Subdivision Standards
Woodburn Zoning Ordinance:
Chapter 29 Commercial Retail District
Chapter 30 Commercial General District
Woodbum Access Management Ordinance
Woodburn Transportation Systems Plan
The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is
also available now for inspection by any interested persons.
Page 1 - Opening Statemem for Land Use Hearings
2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use
regulation which the person testifying believes apply to the decisior~ Please relate your testimony to the listed
criteria.
3. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council and
the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that
issue.
4. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Council to respond to the issue precluded an action for damages in circuit
court.
5. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present
additional evidence or testimony. The City Council shall grant the request by either:
(a) cominuing the public hearing to a specific date and time at least seven days from the date of the initial
evidemiary hearing, or
(b) leaving the record open for at least seven days for additional written evidence or testimony.
If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request,
prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit
additional written evidence or testimony to respond to the new written evidence. If the record is left open rather
than continuing the hearing, any participant may file a written request to reopen the record to respond to new
evidence submitted while the record was left open and the City Council shall grant that request.
The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written
arguments, but not new evidence, in support of the application.
6. If additional documems or evidence are provided by any party, the City Council may allow any party to the
hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to
respond.
7. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving
your full name and address. We wish to hear from everyone who is interested inthe proposal. We will now proceed
with the staff report.
Page 2 - Opening Statement for Land Use Hearings