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Agenda - 10/08/2001 AGENDA WOODBURN CITY COUNCIL OCTOBER h; 2{)()} - 7..{)() P.M 270 Montgomery Street * * Woodhurn, Oregon 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Woodburn Aquatic Center has reopened after annual maintenance. The hours remain unchanged. B. October 15,2001-7:00 p.m. City Council Workshop to discuss the Community Center Plan. C. October 22, 2001 - 7:00 p.m. - Public hearing - Appeal of the Planning Commission denial of Subdivision 01-01 and Variance 01-06, a request to subdivide a 1.91 acre site into 5 residential lots located at 1810 and 1829 E. Hardcastle Avenue. D. Prime Time Family Reading Time at the Woodburn Public Library October 2, 9, 16 and 23, 2001 - 6:00 - 8:00 p.m. in the Multi-Purpose and Carnegie Rooms. E. Board/Commission Vacancies: Currently, there is one vacant position each on the Woodburn Planning Commission and the Recreation and Park Board. For more information contact Mayor Jennings at 982-5228 or pick up an application at the administration office. F. Dia de los Muertos - Honoring Our Ancestors; Oct. 31 - Nov. 3, 2001 ... 3F Appointments: G. Appointment ofTy Burlingham to the Woodburn Recreation and Park Board - Term to expire July 31,2003 ...................... 3G 4. PRESENTATIONS/PROCLAMATIONS - None 5. COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. 6. COMMUNICATIONS - None 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Agenda, Woodburn City Council of October 8,2001. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of workshop meeting of September 17, 2001 and regular and executive meetings of September 24, 2001 ........ 8A Recommended action: Approve the Woodburn City Council minutes of special meeting of September 17,2001 and regular and executive meetings of September 24, 2001. B. Woodburn Planning Commission minutes of September 13, 2001 .. . . . .. 8B Recommended action: Accept the Woodburn Planning Commission minutes of September 13,2001. C. Community Center Committee minutes of September 27, 2001 .. . . . . . .. 8C Recommended action: Accept the Community Center Committee minutes of September 27, 2001. D. Building Activity Report for September 2001 . . . . . . . . . . . . . . . . . . . . . . .. 8D Recommended action: Accept the Building Activity Report for September 2001. E. Planning Project Tracking Sheet dated September 17, 2001 . . .. . . . . . . .. 8E Recommended action: Accept the Planning Project Tracking Sheet dated September 17,2001. F. Ordinance Revision Update/Livability Task Force Report. . . . . . . . . . . .. 8F Recommended action: Receive report. 9. TABLED BUSINESS 10. PUBLIC HEARINGS A. Water System Development Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. lOA Recommended action: Conduct public hearing, receive public comment and instruct staff to prepare a resolution reflecting the Council's decision. B. 2001 Local Law Enforcement Block Grant. . . . . . . . . . . . . . . . . . . . . . . .. lOB Recommended action: Conduct public hearing, receive public comment and approve receipt and allocation of Local Law Enforcement Block Grantfundsfor the purchase of mobile data computer equipment and software. C. Zone Change 01-04: Request for a zone change of a .9 acre strip of land on the southern portion of property located at 3002 Stacy Allison Way (Wal-Mart) from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) ........... 10C Recommended action: Conduct public hearing, receive public comment and instruct staff to prepare an ordinance reflecting the Council's decision. Page 2 - Agenda, Woodburn City Council of October 8, 2001. 11. GENERAL BUSINESS A. City Council ward boundaries ................................... ItA Recommended action: Select a preferred alternative and direct staff to prepare an ordinance relating to reapportionment of ward boundaries for consideration at the October 22, 2001 meeting. B. Reschedule November 12 Council meeting due to observance of Veterans Day holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 B Recommended action: Approve rescheduling of November 12 City Council meeting to Tuesday, November 13,2001. C. Council Bill No. 2349 - Resolution entering into a contract with City County Insurance Services Trust for membership in the risk sharing pool .................................................. 11 C Recommended action: Approve the Resolution. D. Council Bill No. 2350 - Resolution extending workers' compensation coverage to volunteers of the City of Woodburn .................... llD Recommended action: Approve the Resolution. E. Council Bill No. 2351 - Resolution establishing a public hearing date for vacation of a portion of an existing sanitary sewer easement and two utility easements ........................................... lIE Recommended action: Approve the Resolution. F. Council Bill No. 2352 - Ordinance amending Ordinance No. 1998 (Civil Infraction Ordinance) to provide that an unclassified civil infraction constitutes a Class I civil infraction ...................... 11F Recommended action: Approve the Ordinance. G. Liquor lie nse application: D & D Restaurant. . . . . . . . . . . . . . . . . . . . .. llG Recomme ded action: Approve a Limited On-Premise liquor license for D & D Restaurant. H. Intergove nmental Agreement for Traffic Safety Grant Award ....... llH Recomme ded action: Approve receipt and allocation of grant funds for traffic en rcement and approve the intergovernmental agreement between OT and the Woodburn Police Department. I. Contract ward for financial system software ....................... 111 Recomme ded action: Award the contract for financial system software to New ~ rid Systems and direct staff to finalize negotiations of the contract and authorize the City Administrator to sign the contract. J. Contract award for purchase of liquid spreader ..................... llJ Recommended action: A ward the contract for purchase of a poplar plantation liquid spreader to Fisher Mill Supply, the lowest responsible bidder, for the amount of $12,478. 00. Page 3 - Agenda, Woodburn City Council of October 8, 2001. K. Contract award for purchase of an orchard tractor ................. 11K Recommended action: Award the contract for purchase of a poplar plantation orchard tractor to Fisher Mill Supply, the lowest responsible bidder, for the amount of $49, 994. 00. L Contract award for purchase of a hard hose reel. . . . . . . . . . . . . . . . . . .. IlL Recommended action: Reject Bid No. 22-11 for a poplar plantation self-retrieving hard hose reel and allow staff to readvertise, after specification modification. M. Consideration of City Administrator's employment agreement. . . . . . . . 11M Recommended action: Approve and authorize Mayor to execute agreement. 12. PUBLIC COMMENT 13. NEW BUSINESS 14. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. A. Accept Planning Commission approval of Site Plan Review 01-11 - Additions to the Woodburn High School athletic fields. . . . . . . . . . . . . .. 14A 15. CITY ADMINISTRATOR'S REPORT A. 347 N. Front Street. (Verbal report) B. MW ACT meeting of October 4, 2001. (Verbal report) 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION 18. ADJOURNMENT Page 4 - Agenda, Woodburn City Council of October 8, 2001. REPORT ON DIA DE LOS MUERTOS: HONORING OUR ANCESTORS Kezia Merwin, Events Manager, City of Woodburn 3A Dia de 105 Muertos El Dia de los Muertos on duri'l1 the beLJinninLJ of November is an imyortant hoItdJty in Mexico and other Latin American countries. November 2 is a~o called All sou~ Day, and is an occasion marked by festive celebrations to honor the dead. cemeteries are cleaned and decorated, syecial foods and candies are cooked, and home altars are desiLJned in homaLJe to one's ancestors. It is a dJty of joyous remembrance, not of sadness. The syecial sonLJs, ,oems, foods, and toys created for Dia de los Muertos reflect this outlook. The Day of the Dead celebration is an opportunity for Latinos and non- Latinos alike to become familiar with some of the interesting and lesser- known Hispanic cultural traditions. Woodburn has seen various Hispanic holiday celebrations in the past such as Cinco de Mayo, Fiesta Mexicana, and the Christmas posadas but they have tended to be religious or social in nature. With Dia de los Muertos the focus of the activities are culture, heritage, and community, Ihe VVooCiourn event 1S Lilt largtSl cooniinau::d Did. U\... J.V':> ~v~u\...ri..v.:> activity in Oregon this year and we intend to continue to expand the scope, quality, and activities in subsequent years. The advantage and appeal that Woodburn's celebration has over others is the fact that it will be culturally authentic and a product of community involvement. This event will draw visitors from Salem, Portland, and points between as that is the targeted advertising market. The primary goal of the Woodburn Dia de los Muertos celebration is three-fold: to provide the opportunities of cultural awareness and appreciation; get different segments of the community working together; and create a successful event that of which Woodburn can be proud. I woodburn Dia de Ios Muertos celebratio 3f ! Di/l IV /tJf AI/le/Wf htiS origins tiS a yre-colombian tradition that is now widely celebrated in many Latin Ame can I countries. As in many cultures, Latinos honor their ancestors and they tW this through traditions, ceremonies, and ! celebrations 5J'ec~c to DM IV /tJf AI/lertllf. Traditional elements of D4f I'the Delli!' are creati~ family alt rs; visiting cemeteries and decorati~ gravesites; ylaying traditional music; maki~ celebratory foods; comm nity candlelight yrocessions with music and yoetry; and creati~ calavertiS (songs and yoems) about the deyarted yer ns. This is seen tiS a way of rememberi~ ancestors and honoring their lives. SCHEDULE OF EVENTS: During october 31 through November 3, many different activities occur as ,art of the Ok IV ~f MIIPW.r: ~/$rty Ollr AI1UJWIY celebration. ubrary Acttvities -- october 23 - 27. Traditional altar disylay by Antonio Ramos. october 27, Iym. Susan Dearborn-Jackson yrovides an entertaining exylanation of D'a de los Muertos through slides, stories, and skits. october 27, 2J'm. workshoy for children to make yayeles yicados (traditional yayer art) . student Field TrtpS - November I, 2. students from woodburn and su.rroundi~ aretiS will visit the Commu ity Center to view the altar art, see dance yeifonnances, yaint traditional mtiSks, and lea 1 about the holiday traditions. The students will a~o visit the Library and City Hall yhotograyhy disylays. Display of Altars -- November 1-4. Altars at the woodburn community center (491 N. 3 rd st.) will reyresent various regions of Mexico. Come visit on the eve of Oct. 31 and see the construction of the altars. photo displays - october 26 - November 16. C/lTItf IV All Gel/It: fF/lCt!f I' A(7 pe~k)will be disy ed at the woodburn Public Library. Another photo Disylay, EW@o; by paulina Henno 'llo, will be disylayed at woodburn City Hall (270 Montgomery street). Procession de Mutrtos - November 1. The cantllelight procession, accomyanied by musicians will deyart from t e community center at 6 ym to tWwntown. The traditional drink of atole will be served cultJLral Presentation - November 3. The main activity duri~ the DM IV AI/lertllfobservance is the cultura peifonnance on saturday from 4-6 ym at the woodburn High school Lectorium (178 N. Front street). There will be traditional dance, calavertiS, music, and food. For More Injormatfun, ,lease caIl (503) 980-2478 (English) or (971) 207-2029 (EsJ'anol). Dta de MutTtos Events 4fe SUJ'J'orttd by PGE, WCAT, Cfty of woodltKrn, the woodburn PJtbl1l Ltbrary, Flor y canfu InstttJifu de culbtra y rie, salvadors RtstmLrant, and chemtketa commwt1ty college. WOODBURN 3( ORE G 0 N Incorporated 1889 October 5, 2001 TO: City Councilors From: Office of the Mayor Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to Council Meeting Monday October 8, 2001. No reply is required if you approve of my decisions. Park and Recreation Board - 2 vear term Ty Burlingham - Woodburn High School Junior. His term will expire in September of the year he graduates from Woodburn High School. I have talked with Tys' father (Scott Burlingham) and he is very pleased about the appointment. Ty will be a fourth generation Burlingham who has been deeply involved in the community. Tys' Great Grandfather was an active citizen, his Grandfather was Mayor of Woodburn, his father has served on numerous committes including the Waste Water and Water Master Plan committees. Thank you for your consideration and support of the appointment. Office of the Mayor 270 MOIttgomery Street. Woodbum, Oregon 97071 Ph 503-982-5228 . Fax 503-982-5243 COUNCIL WORKSHOP MEETING MINUTES SEPTEMBER 17, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 17, 2001. CONVENED. The workshop convened at 7:00 p.m. with Mayor Jennings presiding, The purpose of the workshop was to review reapportionment alternatives for Council Ward boundaries. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, City Recorder Tennant 0052 City Administrator Brown stated that the City is required to examine and, if necessary, modify Council ward boundaries within the year the decennial census figures are released. The City Council had selected certain criteria for its redistricting activities which mirror closely the criteria enumerated in the Oregon Revised Statutes used for state-wide redistricting, The criteria selected by the Council provided that (1) each ward, as nearly as practicable, shall be contiguous, equal population, utilize existing geographic or political boundaries, not divide communities of interest, and be connected by transportation links; (2) no district shall be drawn for the purpose of favoring any political party, incumbent legislator, or other party; (3) no district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority; and (4) each incumbent's residence should be retained within the same ward number that currently exists. The City had contracted with the Mid- Willamette Valley Council of Governments (COG) to assist with this project since they are familiar with the redistricting process and they do this work for a number of local governments in the area. Staff provided COG with the Council's criteria along with the comments made by representatives of the Senior Estates Community Relations Committee, individuals within the Senior Estates, and the Latino Voter Registration Project. COG has prepared 4 alternatives for Council consideration at this meeting which will be presented by Lesley Hegewald, COG GIS Analyst, who will provide information on how each alternative was developed. Page 1 - Council Workshop Meeting Minutes, September 17,2001 8A COUNCIL WORKSHOP MEETING MINUTES SEPTEMBER 17, 2001 TAPE READING Lesley Hegewald utilized a power point presentation to illustrate ward boundaries used in each alternative. She described the process used to develop the alternatives which included utilizing the 2000 redistricting census data and geography, placement of the existing current wards into the system, and analyzing the population. She stated that the census population was 20,100 which, divided equally into 6 wards, results in a ward population of 3,350. When developing the alternatives, an attempt was made to create wards that were within 5% plus or minus the target population. She stated that Alternative 1 was created in order to try and keep as close to current boundaries as possible. Alternatives 2 and 3 fall within the 5% plus or minus target population but have slightly different boundaries. Based on data provided by the Community Development Director and City Administrator, alternative 4 is a growth projected alternative so that, in future years, there would be less of an imbalance between ward population. Data submitted by Senior Estates and the Oregon Latino Voter Registration Project was used to develop the alternatives before the Council. Following her initial presentation, she slightly changed the boundaries within specific alternatives to demonstrate the change in target population. Councilor Bjelland suggested that another alternative be considered that would combine alternatives 3 and 4 thereby keeping Senior Estates within 2 Wards and yet reflect for future growth. Ms. Hegewald developed Alternative 5 which would have a target population ranging from -2.4% to 2.7% and the Hispanic population is concentrated in 4 wards with the % of Hispanic population in those wards ranging from 58.3% to 67.4%. Additionally, the Senior Estates area would be concentrated in 2 wards rather than 3 wards. She stated that Ward I would have 1.7% over target and, by the end of 10 years, may be greater than the 5% target since there is buildout available in Ward I (Montebello Subdivision). 1608 Anthony Veliz, 449 S Front Street, suggested that Ward 3 seems to split up a neighborhood and have a different type of community of interest. For example, it would include the downtown community of interest plus a different type of community of interest in which there is a golf course and higher income homes. Jim Cox, 1530 Rainier, expressed his opinion that communities of interest are not to be split and the Council should have defined the community of interest in advance of the alternatives being developed. He stated that the ward system was developed in the 1960's and Senior Estates was split up at that time and continues to be split at this time. Currently, Senior Estates is within 3 separate wards and, under the alternatives presented at this meeting, it would still be within 2 wards. He reiterated that Senior Estates is a community of interest that is specifically and clearly defined. He also stated that, in his opinion, the Council established an illegal and unfair criteria for COG to work with that being Council member residences shall remain within their own wards which is contrary Page 2 - Council Workshop Meeting Minutes, September 17,2001 8 COUNCIL WORKSHOP MEETING MINUTES SEPTEMBER 17, 2001 TAPE READING to state law. He urged the Council to remove the criteria that would favor incumbent Council members and to re-draw the boundaries keeping Senior Estates within one ward thereby protecting their community of interest. Councilor Bjelland stated that it was his understanding that there was an attempt to put Senior Estates within one ward but Senior Estates is divided in such a manner that there was no way that you could develop a ward that would include all of Senior Estates and have the rest of West Woodburn in a separate ward since it would not meet the target population. Ms. Hegewald confirmed that the target population would not be met if Senior Estates was placed in one ward. Councilor Bjelland also stated that the boundaries need to be contiguous so that there was no way a Senior Estates ward could be formed and yet have another ward to accommodate the other people in West Woodburn. Mr. Cox stated that, if that is true, then that may be a justification for splitting Senior Estates at Highway 214. He also expressed his opinion that this process should have been much more public than it has been to discuss issues of concern before the alternatives were developed. 2269 Preston Tack, 2197 Camellia Way, expressed concern over reference to Senior Estates and, including the area that is shown on the map, in that Senior Estates does not have enough population to get to the 3,350 target. Additionally, the census block information makes it difficult for the consultant to stick strictly to Senior Estates, therefore, it does include a lot of other people in the surrounding area. He cautioned the Council in using Senior Estates and then including so much other property. Further discussion was held regarding the newest alternative in which Senior Estates ,,,,,.,lrJ h" cm1rentr:>ter! ",;th;n ') "':>rr!" r(lther tn,m ~ w:>rd" Thj" wouJcl give "ne warr! the highest concentration of Senior Estate residents which is the closest that can be obtained to a community of interest representing Senior Estates and still fall within the Council's criteria. Anthony Veliz questioned the Council's time frame in which a decision needs to be made on the new boundaries. Mayor Jennings stated that an ordinance would be considered by the Council in October and this will be the only workshop on redistricting. Administrator Brown suggested that the Council take some time to review the alternatives, including alternative 5 which was developed at this meeting, and direct staff at the next meeting as to which alternative to utilize when preparing the ordinance. It was the consensus of the Council to discuss the alternatives at their first meeting in October and consider an ordinance at the second meeting in October. Preston Tack suggested that sticking to the percentage deviations very closely at this time is impracticable when you look at the Montebello Subdivision which is subject to considerable development over the next few years. He stated that by the end of the 10 Page 3 - Council Workshop Meeting Minutes, September 17, 200 1 8A COUNCIL WORKSHOP MEETING MINUTES SEPTEMBER 17, 2001 TAPE READING year period, the population numbers within each ward will again be way out of line similar to what occurred several years ago as illustrated by the Portland State University census data. In the past, it has not bothered the Council to have the high deviations during the 10 year period over the perfect solution of equal population per ward. He expressed his opinion that it would be beneficial to the City to look at the areas in which growth will occur and then make some allowance for the growth thereby making the plus or minus percentages greater than what is shown on the 5 alternatives. Administrator Brown stated that growth projections involved approved lots within subdivisions which are primarily in wards 1,3, and 5. Mayor Jennings noted that, in alternative 4, the numbers came out fairly well it the percentage of Hispanics within wards 2, 3, 5, and 6. Administrator Brown reiterated that staff will be back before the Council at the first meeting in October with Alternatives 3, 4, and 5. 3168 The meeting adjourned at 7:50 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Workshop Meeting Minutes, September 17, 200 1 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24,2001. CONVENED. The meeting convened at 7:00 p.m. with Council President Figley presiding. 0020 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Absent Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Public Works Manager Rohman, Management Analyst Smith, City Recorder Tennant Council President Figley stated that the Mayor was on vacation and Councilor Bjelland was out of town on business obligations. 0069 ANNOUNCEMENTS. A) Public Hearing on Water System Development Charges: Hearing will be held before the City Council on October 8, 2001, 7:00 pm, in the City Hall Council Chambers B) Public Hearing on Wal-Mart Zone Change: Hearing will be held before the City Council on October 8, 2001, 7:00 pm., in the City Hall Council Chambers C) Citywide Clean-up - Saturday, October 6, 2001: Councilor McCallum stated that the Livability Task Force is coordinating this event and citizens are urged to participate. Woodburn High School east parking lot, 8:30 am, will be the meeting place for those who wish to participate in the clean-up along the major streets within the City. He stated that this year, the Task Force is teaming up with the Tulip Festival Committee and tulip bulbs will also be planted on October 6th, Contact persons for participating in this event are Kezia Merwin and Councilor McCallum. 0181 COMMUNITY CENTER PLANNING COMMITTEE UPDATE. Flurry Stone, Committee Chairperson, provided an overview of the Committee's work to date on planning for a new community center. For planning purposes, this project has been broken down into 3 phases with Phase I being just a Community Center, Phase II being a Pavilion for exhibits, and Phase III being a Performing Arts Center. The Page 1 - Council Meeting Minutes, September 24,2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING Committee has been concentrating on just the Community Center at this time since, in his opinion, it is a project that can be achieved with the other phases being accomplished at a later time. The Committee will keep these two phases in mind as they go through the process in how they will fit into the Community Center, In a recent Woodburn Independent article, most of the issues in the article have been discussed by the Committee. At the time the Committee began their work, they were given 4 sites to evaluate those being Centennial Park, Legion Park, Settlemier Park, and the community gardens (located at Park Ave and Alexander). The Committee had tentatively settled on a building with 15,000 sq. feet and, after looking at the parking requirements for a building this size, the Committee felt that Settlemier Park would be the best site available for the new Center. He stated that the Committee members were given the opportunity to bring forth other site options but no one identified any other sites within the City that could be used for this project. He reiterated that no blueprint has been made as to the size or specific location of the proposed building but the issue that the Committee focused on was parking requirements for the facility. He stated that the Committee has been following a fairly aggressive schedule in order to develop a proposal by November 1, 2001. At their September 27th meeting, they will begin with the room layouts and the square footage needed within the facility. He encouraged interested citizens to attend the meetings to provide input on this project. Councilor Nichols questioned the if access to Settlemier would be available from Front Street. Chairperson Stone stated that there is an existing entrance on Front Street and, with the future improvement of Front Street, the Committee looked at the access as an advantage to this site. Additional landscaping would be included in this project to beautify the area around the facility. He assured the Council that the Committee would be taking the minimum amount of space in Settlemier Park if the Center is located at this site. Additionally, it is the intent of the Committee not to remove any trees from Settlemier Park. Councilor Nichols expressed concern in that all of the city-owned sites would not be large enough to provide for a Community Center the size that is needed for our growing community in addition to meeting the parking requirements. Chairperson Stone stated that they had visited 3 facilities in Portland and each facility has parking problems. In addition to the parking currently at Settlemier Park, there is on- street parking in the vicinity and a city parking lot 1 block north of Settlemier Park. Some additional parking area could be constructed in the open field area near Front Street. Councilor McCallum encouraged the Committee to look very closely at the parking issue since there are livability issues that will be addressed if the new Center is located in a neighborhood. Page 2 - Council Meeting Minutes, September 24,2001 COUNCIL MEETING MINUTES SEPTEMBER 24,2001 TAPE READING Councilor Chadwick questioned if the K-Mart building was considered by the Committee. Chairperson Stone stated that the issue was brought up, however, it is his understanding that the City would then be buying additional property and taking commercial property off of the market. He reiterated that he is not an expert on the 4 sites that were given to the Committee but they have been moving forward based on the direction given to the Committee to date. Council President Figley questioned if population projections were used in regards to the size of the facility when doing comparisons since she also has similar concerns as expressed by Councilor Nichols. Chairperson Stone stated that general discussion has been on the size of the community in the future and the need to build a center to meet those needs. After the recent site visits, there may be a need to increase the square footage to 20,000 but this size will be determined during the next few weeks. He also stated that the Committee is looking at a 20 year projection and, if the building and parking requirements do not meet the space available at Settlemier Park, the Committee will be back before the Council to look for a different site. He reiterated that the Committee is looking at Phase I at this time and the next 2 phases can be added in the future. In his opinion, the pavilion (Phase IT) could be located at the community garden location which is located adjacent to the Woodburn Armory and the Performing Arts Center could be at some other location. Councilor Nichols expressed concern in having separate locations which may not be cost effective for the City. Chairperson Stone briefly discussed some of the amenities provided at centers visited by the Committee, Additionally, he stated that the Committee has also been taking into consideration the Parks & Recreation Director's management perspective as it relates to location of the center at Settlemier Park in that their would be one manager for two facilities. 1640 Councilor Sifuentez stated that she is part of the Community Center Planning Committee and they are trying to maximize the dollars since it will need to go before the voters for approval. Chairperson Stone reiterated that the Committee has not specifically identified rooms to be included in the center, however, he stated that they are looking at a fairly large square footage multi-purpose room, small kitchen, several classrooms to be used for a variety of purposes, and an outside fenced area. He reminded the public that the next Committee meeting will be held on Thursday, September 27th, 7:00 p.m., at City Hall. 1915 PRESENTATION: HUMAN RIGHTS AWARD. Scott Summers, representing the Human Rights Commission, stated that the Commission presents 6 awards annually to recognize people within the community who work to bring the cultures and peoples together to build a stronger sense of community. To recognize Page 3 - Council Meeting Minutes, September 24, 2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING the work being done at the Woodburn Public Library, he presented awards to Mary Parra, Childrens' Librarian, and Judy Brunkal, Adult Program. He stated that the Library has been a gathering place for all cultures, and they have provided tri-lingual signage, story telling programs in Spanish, a Russian Folk tale program, provided traditional Mexican folk arts, sponsored a local Mexican artist, a story-time program in Russian for pre-school children, and Music in the Park utilizing both Russian and Mexican musicians. Mary Parra and Judy Brunkal expressed their appreciation to the Commission for the awards. Judy Brunkal also reminded the public of upcoming Library events: (1) October 14th - "Authors at the Library" featuring Robert Pyle with his lecture titled "Life as Fieldtrip", 1:00 p.m., in the City Hall Council Chambers. (2) October 15th - Preview of an OPB documentary "Promises" focusing on the conflict in Jerusalem with John Mandeville from Portland State University being the featured speaker. This program will be held at the Woodburn Chemeketa Center in Room 102. (3) October 27th - As part of City-wide celebration of Dia de los Muertos, a traditional MexicanlHispanic-American holiday. An alter will be built by Antonio Ramos and Susan Dearborn Jackson will give a bi-lingual explanation of this Hispanic holiday at 1:00 p.m. with a childrens' craft by a young male artist from Mexico. 2276 CHAMBER OF COMMERCE REPORT. Mary Graves, representing the Chamber Board, updated the Council on upcoming events: 1) Business After Hours will be held on September 28th from 4:30 pm to 6:00 pm at the Safeway Shopping Center featuring Dip N Donuts, Figaro's Pizza, and Piper's Jewelry. 2) Chamber Forum on October 17th, 12:00 noon, Woodburn Crossing Conference Center, with the guest speaker being Dr. Gretchen Schuette, President of Chemeketa Community College. 3) Business After Hours will be held on October 18th at which time the Chamber will be celebrating the opening of their new Chamber office. This event will be hosted by Mid- Valley Bank who will also be celebrating their 3rd anniversary in Woodburn. She also stated that the new Tourism brochure has been printed and will be distributed outside of the City to attract tourists into the area. This project has been completely funded by 9 area businesses or attractions and, not only was enough money raised for the brochures to be printed but they will use some of the money to buy distribution outside of the City. Copies of the brochure were distributed to the Council. 2497 COMMUNICATIONS: LETTER FROM PORTLAND GENERAL ELECTRIC (PGE) REGARDING OCTOBER 1. 2001 RATE INCREASES. Administrator Brown stated that the letter was included in the agenda packet to give Councilors information on the increases in the event they received telephone calls from constituents. Page 4 - Council Meeting Minutes, September 24, 2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING 2543 Ralph Wieting, 1900 Hayes Street, stated that he has been a resident of the City since May 2001 and, following the terrorist attack on September 11 th, he had inquired of the City staff information on the City's water system. He stated that his background has been in transportation, chemical, military and Deputy Fire Chief. He is very concern about water contamination with all of the recent problems and feels that City staff is providing too much information to citizens on the number of water wells and the location of the wells, and, if information is to be given out, only those people in which the staff member has known for the last 5 years be provided with the information. He felt that each pumping station should have an alarm system installed and monitored by the dispatch center as a measure to safeguard the City's water supply. He also felt that the news media is giving out too much information on military strategy and other types of terrorist activities that may cause the public to be in great danger. He stated that he regularly views the Council meetings on Cable TV and feels that City officials are doing a fine job and, as a member of the community, he urged the City to safeguard the City's water supply, Council President Figley expressed her appreciation to Mr. Wieting for his comments and this recent terrorist event has brought forth a need to review the City's disaster plan. 3000 CONSENT AGENDA. A) approve the regular and executive Session Council minutes of September 10,2001; B) accept the Planning Commission minutes of August 23,2001; C) accept Library Board minutes of September 12, 2001; D) accept Claims for the month of August 2001; E) receive Memorandum Opinion 2001-03 on Reapportionment of Council Wards; and F) receive the 2006 International Municipal Lawyers Association conference informational report. MCCALLUM/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously, 3024 COUNCIL BILL 2344 . RESOLUTION ADOPTING GUIDELINES. PROCEDURES AND PROCESS FOR OBTAINING CITY TOURISM AND ECONOMIC DEVELOPMENT GRANT FUNDS. Council Bill 2344 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, Council President Figley declared Council Bill 2344 duly passed. Page 5 - Council Meeting Minutes, September 24, 2001 BA COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING 3137 COUNCIL BILL 2345 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2001-02. Council Bill 2345 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. Council President Figley declared Council Bill 2345 duly passed. 3200 COUNCIL BILL 2346 - RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. Council Bill 2346 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, Council President Figley declared Council Bill 2346 duly passed. 3260 COUNCIL BILL 2347 . ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES ADOPTED IN 2000 AND ADOPTING THE 2001-02 REVISED SCHEDULE OF FEES: REPEALS ORDINANCE NO. 2272. Council Bill 2347 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President Figley declared Council Bill 2347 duly passed with the emergency clause. 3418 COUNCIL BILL 2348 . RESOLUTION ENTERING INTO AMENDMENT NUMBER 1 TO THE 2000 FUND EXCHANGE AGREEMENT NO. 18655 WITH THE STATE OF OREGON. Councilor Chadwick introduced Council Bill 2348. 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. Council President Figley declared Council Bill 2348 duly passed. 3494 REQUEST FOR SOUND AMPLIFICATION PERMIT: F ARMWORKER HOUSING DEVELOPMENT CORP. Farmworker Housing Development Corp, submitted a request for a sound amplification permit for Sunday, October 7th, from 3:00 pm to 5:00 pm for the purpose of utilizing sound amplification equipment in conjunction with their groundbreaking ceremony for the Cipriano Ferrel Education Center. SIFUENTEZlMCCALLUM... grant the sound amplification permit to the Farmworker Housing Development Corporation. The motion passed unanimously. Page 6 - Council Meeting Minutes, September 24, 2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING 3545 CONTRACT A WARD: WEST HAYES AND GATCH STREET RESURFACING IMPROVEMENTS. Bids for the resurfacing of West Hayes and Gatch Streets were received from the following contractors: Parker Northwest Paving Co, $60,742.75; Morse Bros., $69,981.65; Roy L. Houck, $70,012.80; North Santiam Paving, $82,021.35; Salem Road & Driveway, $85,149.15; D & D Paving, $85,787,75. Staffrecommended the acceptance of the low bid which was 22% below the engineer's estimate. NICHOLS/SIFUENTEZ... award the contract to the lowest responsible bidder, Parker Northwest Paving Co., in the amount of $60,742.75 for the resurfacing of West Hayes and Gatch Streets. The motion passed unanimously. 3600 CONTRACT A WARD: BOONES FERRY ROAD AND COUNTRY CLUB ROAD STORM DRAIN AND SANITARY SEWER IMPROVEMENTS. Bids for the installation of a storm drain on Boones Ferry Road and Country Club Road and for sanitary sewer line improvements on Country Club Road were received from the following contractors: North Santiam Paving Co., $299,977.25; S-2 Contractors, $323,738.00; G.V.S. Contracting, $328,870.00; Valley Pacific Const., $357,707.00; Bill Erickson Heavy Construction, $359,087.00; Saunders Company, $365,200.00; Kerr Contractors, $377,109.25; Emery & Sons, $379,562.00; Brian Clompton Exc. $401,367.95; Scharff Bros. $424,748.00; Dunn Construction, $458,656.00; and Canby Excavation, $480,080.70. Staff recommended the acceptance of the low bid which was 3.5% less than the engineer's estimate. SIFUENTEZlNICHOLS.... award the Boones Ferry Road and Country Club Road storm drain and sanitary sewer improvements to the lowest responsible bidder, North Santiam Paving Co" in the amount of $299,977.25. The motion passed unanimously. 3700 NEW BUSINESS: ARCHITECTURAL DESIGN SERVICES. Administrator Brown referred back to Council Bill 2345 in which operating contingency funds were transferred for the purpose of conducting a feasibility study on a partial remodel of the City Hall basement. He requested Council authorization for him to execute a contract with Hennebery-Eddy Architects in an amount not to exceed $5,500.00 (copy of draft contract included in the agenda packet), SIFUENTEZlNICHOLS.... authorize the City Administrator to execute an agreement for architectural design services with the consulting firm of Hennebery-Eddy Architects in an amount not to exceed $5,500.00. The motion passed unanimously. 3800 PLANNING COMMISSION ACTIONS. A) Denial of Subdivision 01-01 and Variance 01-06: Request to subdivide a 1.91 acre site into 5 residential lots located at 1810 and 1820 E. Hardcastle Avenue. The Council took no action on this Planning Commission action. Page 7 - Council Meeting Minutes, September 24,2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING 3840 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown updated the Council on the bid solicitation process regarding the City building located at 347 N. Front Street (also known as the Salud building). He stated that a pre-bid conference was held on September 20th in which 5 contractors had attended and he is confident that several bids will be submitted for the demolition/reconstruction project. Even though staff still plans on bringing the bids before the Council on October 8th, the bid opening has been extended to October 4,2001 in order to have an asbestos assessment completed in advance of the bid opening. Staff is in the process of collecting bids from environmental consulting agencies who do the basic asbestos assessment and it is estimated that this service will cost approximately $3,000,00. Completing this assessment in advance will insure a lower bid price from the contractors. B) As a follow-up to the Transportation Funding Bill process and the activities at last month's MW ACT (Mid Willamette Area Commission on Transportation) meeting, he stated that MW ACT will evaluate proposals for grant funding at their October 4,2001 meeting. The City has submitted an application for $16,9 million in the Transportation bill funding to augment the approximately $4.2 million that is currently in the STIP (Statewide Transportation Improvement Plan) and $2.1 million of Traffic Impact Fees that the City has placed in reserve for future improvements. This package would seek approximately $23 million which will include the full interchange improvement as per the ODOT preferred alternative as well as widening Highway 214 from the interchange east to Cascade Drive. Without the reliance of additional funds from other city sources such as Urban Renewal for the purpose of extending the widening of Highway 214 further east to Front Street, staff felt that an application which reflects known funding sources would be to the City's advantage. Staff is also trying to put together a delegation of representatives of the Woodburn community who will attend the MW ACT meeting on October 4th. MW ACT will begin their public hearing process at 6:00 p.m. and, following the hearing, MW ACT will recommend to the full Oregon Transportation Commission the projects they would like to see funded in Region II. Staff feels that the City has a very competitive application and it is hoped that the City will have a large contingent of individuals who will speak: briefly on what the project means to them and to the community as a whole. Council President Figley stated that she would be attending this hearing since she will also be doing a presentation on East Marion County Rail. 4286 MA YOR AND COUNCIL REPORTS. Councilor Sifuentez informed the Police Chief that the traffic on Lincoln Street has slowed down now that school has started, Councilor McCallum stated that the Woodburn Kiwanis organization is also a participant in the October 6th city-wide cleanup. In regards to the repairs to the Hardcastle railroad Page 8 - Council Meeting Minutes, September 24,2001 COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING crossing, he has not seen any activity to date and he suggested that staff give Union Pacific another reminder call since they had promised to take care of the crossing by the end of September 2001. As the liaison Councilor to the Fire District, Councilor McCallum stated that he had attended the September 11 th Fire Board meeting. It was a very subdued meeting as they remembered their comrades and he expressed the City's expression of sympathy and thanks to the Fire District who serves our community. Council President Figley stated that it was rather soberly to think that at the last meeting, the Council offered condolences to the families of the two police officers who were killed and to the state trooper who was severely injured. The very next day, terrorist activity invoked more tragedy of great magnitude and it magnifies the expression of thanks that needs to be given to emergency personnel for all that they do in protecting and saving lives of citizens. Council President Figley also thanked Director Westrick for the replacement of the glass blocks with concrete blocks at the Aquatic Center. The glass blocks formed a wall which provided a target for vandalism. Council President Figley stated that, at the last meeting, the Council held an executive session for the purpose of evaluating the City Administrator's performance over the last year. It had been planned to hold a second executive session to discuss compensation, however, under an Attorney General's opinion, discussion of compensation is not an appropriate purpose for holding an executive session, Therefore, the Mayor has appointed himself and Council President Figley as the committee to meet with Administrator Brown to negotiate terms of the Administrator's contract which will then be brought back to the full Council for review. Councilors can individually discuss this issue with the Mayor following his return from vacation on Wednesday. Councilor Sifuentez stated that the staff at MacLaren will be part of the clean-up activities on October 6th and they will begin their work at the MacLaren access on Highway 99E and will pick-up litter down to AI's Fruit & Shrub, Councilor McCallum stated that the October 6th event will include not only the clean-up but tulip planting and, for gifts, there are flower planter boxes being sold at the Chamber office which are being made by the students at MacLaren. 4835 EXECUTIVE SESSION. Council President Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. SIFUENTEZlMCCALLUM... Council adjourn to executive session under ORS 192.660(1)(e). The motion passed unanimously. Page 9 - Council Meeting Minutes, September 24, 2001 8A COUNCIL MEETING MINUTES SEPTEMBER 24, 2001 TAPE READING The Council adjourned to executive session at 8:12 p.m. and reconvened at 8:38 p.m.. 4855 Council President Figley stated that no action was taken by the Council while in executive session. 4890 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:39 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, September 24, 200 1 Executive Session COUNCIL MEETING MINUTES September 24, 2001 8 DA TE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24, 2001. CONVENED. The Council met in executive session at 8: 17 p.m. with Council President Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Absent Absent Present Present Present Present Present Council President Figley reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, City Recorder Tennant Press Present: John Gervais, Woodburn Indpendent The executive session was called under the statutory authority of ORS 192.660(1)(e) to negotiate real property transactions. ADJOURNMENT. The executive session adjourned at 8:36 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Executive Session Minutes, September 24, 200 1 8B WOODBURN PLANNING COMMISSION September 13, 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 Young Cox Fletcher Miller Lima Mill Bandelow Lonergan P P P P A A P A Staff Present: Naomi Zwerdling, Senior Planner Scott Clark, Assistant Planner MINUTES A. Minutes of August 23. 2001 Planning Commission Meeting Vice Chairperson Cox moved to accept the minutes as presented. Commissioner Bandelow seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. City Council Meetina of Auaust. 13. 2001 PUBLIC HEARING None FINAL ORDER A. Subdivision 01-01 and Variance 01-06. reauest to subdivide a 1.91 acres site into 5 residential ',,+~I"l""::-tpri l"t 1R10 and 1820 E.Har!i~~~l!~L~venue. Quality Plus Interiors. Georae Wilhelm. applicant. Staff noted one correction to the first paragraph contained on page 17 of the Staff Report and stated it should read "The Planning Commission finds that a private street through the properly would not allow..." Vice Chairperson Cox moved to approve Final Order for Subdivision 01-01 and Variance 01-06 which is an order denying these applications. Commissioner Miller seconded the motion, which unanimously carried. B. Zone Change 01-04. zone change from Marion County UTF (Urban Transition Farm) to City of Woodburn CG (Commercial General). 3002 Stacy Allison Way. Wal-Mart. applicant, A motion was made by Commissioner Bandelow to approve Zone Change 01-04 as presented. Vice Chairperson Cox seconded the motion. Motion unanimously carried. DISCUSSION ITEMS None Planning Commission Meeting - September 13, 2001 Page 1 of 2 8B REPORTS A. Buildina Activity for Auaust 2001 Chairperson Y ouna commented the report shows the remarkable trend in Woodbu rn of the su bstantial growth. He projected this growth pattern will continue through the end of the year. BUSINESS FROM THE COMMISSION Vice Chairperson Cox remarked he was one of the persons to vote No on the Urban Renewal Project when it came before the Commission. He stated for the record that in reviewing the plan, he has changed his mind about the project and feels it is a good deal. Vice Chairperson Cox further commented a lot of the fears he expressed have been eased and he is not worried about the tax implications. He voiced his respect towards all of the persons involved in the project and believes they would not lead us down the garden path on something like this. Chairperson Youna commented the Plan has a lot of merit and was well thought out. He remarked a lot of time and effort went into drafting the proposal and it will be very beneficial to the community. Commissioner Fletcher reported there is a referral petition going around. Vice Chairperson Cox commented he has heard they do have enough signatures so it will probably show up on the ballot. Commissioner Fletcher inquired whether essentially the issue is whether it should go to the vote of people or that the people that are pushing it have some particular gripe about it? Vice Chairperson Cox responded he did not know. The position they were taking publicly primarily was that this is the kind of thing that should be voted on by the people but he believed that they would not be doing this if they were in favor of the Urban Renewal Project. He further commented he believes there is an underlying opposition on the merits that they are concerned about. Staff reported there is a possibility that some plans from Arkansas for the Wal-Mart project might not get here because of the airport closures. Therefore, it is possible that will not be ready for the next meeting but they do expect to have all the information for us. Commissioner Fletcher inquired whether the ditch south of Highway 217 will no longer be needed since the sewer line will pick up the need for the ditch? Commissioner Bandelow interjected her understanding is that the sewer line is being put in on Highway 214 down by the High School prior to the sidewalks being put in. ADJOURNMENT Vice Chairperson Cox moved to adjourn the meeting. Motion was seconded by Commissioner Bandelow which carried. APPROVED ROYCE YOUNG, CHAIRPERSON DATE Planning Commission Meeting - September 13, 2001 Page 2 of 2 8( Minutes September 27, 200 I 1. Call to Order: Randy Westrick called the meeting to order at 7: 10 2. Roll Call: Member: Patty Eammons, Sharon Felix, Butch Flomer, Preston Tack, Flurry Stone, David Vancil, Elida Sifuentes. Staff: Randy Westrick, Jennifer Goodrick Guest: Councilman Nichols 3. Recap: September 24 City Council Meeting: Randy reported that as of the September 24 Council Meeting, Settlemier Park is on hold, at least momentarily. The City Council is considering the advice of the CCPC, and reassessing what the next steps should be. The City Council wants to give the CCPC more direction and focus. Randy assured the CCPC that the work they've done was not in vain nor unappreciated, because now the City Council knows what the parks can and cannot accommodate, and that no one park is ideally suited to host the Community Center that the City Council is envisioning. Other options are available for the Community Center, including the purchase of property specifically for that purpose. Randy also reported that while attending the Oregon Recreation and Parks Association annual conference, he spoke with representatives from the National Parks Service who assured him that they are interested in working together to help us meet our agreements with the NPS. "They are not interested in telling us no." The Committee reviewed several conceptual plans that Randy Saunders had drawn up for a community center at Settlemier. After this review, Option #1 that oriented the building on the corner of Oak and Front streets was prefered. 4. September 8 Field Trip Report: Randy reminded the Committee that the sites visited serve communities much larger than ours. Discussion then ensued about a disparity of vision, and that everyone on this Committee and everyone on the City Council seems to have their own idea of what the City needs, and about how far ahead we should anticipate the needs of our growing "nml111Jntfv when r'lbnninp" the size scooe. and funding of a community center. Councilman Nichols stated that he did not want the group to feel criticized by the Council, but that the Council wants to help the Committee to continue with more focus from the Council. Preston Tack suggested that the Council regroup and figure out what they really want and on what the Committee should focus. Randy ran the slide presentation with pictures from ConestogalTualatin Hills, East Portland and Southwest Community Centers; discussing the pros and cons of each one. The main issues were security, noise, wasted space in design, inadequate office and storage space. Many good features were also annotated in Randy's presentation, such as environmentally friendly parking and landscaping, features such as recessed vending machines, innovative security and storage ideas, etc. 5. Appraisal Reports: The current community center is appraised at $375,000 and the community garden plot is appraised at $135,000. The appraisals for the buildings on Oak St will be available in late October. 8 6. Meeting Schedule: The City Council has a workshop scheduled for October 15. Several committee members and Councilmen Nichols and Sifuentes expressed interest in making that an interactive workshop between the committee and the Council. Randy will present that idea to the Mayor, the City Administrator and the Council to see if that is possible. Randy also wants the committee to meet again with Randy Saunders to discuss concept designs. No meetings were scheduled at this time, but the Recreation and Parks office will contact the Committee to let them know when the next meeting will be. 7. Adjournment: The meeting was adjourned by general consensus at 9:45 pm. 8D CITY OF WOODBURN Community Development MEMORANDU 270 Montgomery Street Woodburn, Oregon 97071 Date: October 1, 2001 To: Jim Mulder, Community Development Director From: Building Department Subject: Building Activity for September 2001 1999 2000 2001 1 Dollar Dollar Dollar No. Amount No. Amount No. Amoul1t New Residence Value 11 $1,175,188 5 $548,500 9 $1,050~491 Multi Family 0 $0 0 $0 1 $ ! 9,3191,156 Residential Adds & Alts 2 $89,000 0 $0 6 $391,000 , Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 1 $750,000 1 $23,000 Signs, Fences, Driveways 3 $3,920 1 $3,000 0 $0 Manufactured Homes 0 $0 0 $0 1 $48,320 TOTALS 16 $1,268,108 7 $1,301,500 18 $10,479,967 July 1 - June 30 Fiscal Year To Date $7,328,562 $2,646,675 $22,38a,679 1:\Community Oevelopment\Bldg\Building Activity\Building Activity - 2001lactivity - September 2001.wpd ~ Mail Notice Final QC) Project Date Deemed 120-Day Facilities Notice to Post Stf Rpt pe Order Re",ived Com lete Date Planner Referrals Meetin Due Hearin Due Annex business Anx pan. into \he 99-01. Corporate limns 1 0/14/99 UGB WaUy Lien of \he City. 06/01199 NlA Jim cont. off 99-01, ze Establish \he IL calendar 99-01 zone on the property. SPR OHJ1, LLA Wa~Mart 102.740 sf 01/12/01 09/07/11 N/A Scott 08/29/01 09/04/01 09/07/01 NlA NlA OS/20/01 09/27/01 01~7, expansion VAR. 01-12 Quality SUB 01-01 Plus 7 Lot Subc:SM$ion 03/28/01 06/21/01 10/19/01 Scott 06/21/01 07/10/01 08/03/01 N/A 08/13/01 08/16/01 08/23/01 09/0710 VAR OHl. Interiors. KaI"9in Addition Ex!. 11-18 Inc. ANX City of 828 Parr Rd. water 0141. ZC 04/24/01 Incomplete Naomi 01-03 Woodburn treatment plant OS/24J01 PAR 01-03 T_ 2 klt partition in 05/31/01 Incomplete Scott Tukwila 06I291U1 CU 01-03 Scoa Little Lambs 06126/01 """"-Ie Naomi Summers Preschool 07l131t11 ZC 0141 w.I-MatI Zone change from 07/20/01 08103/01 Naomi 08/03/01 NlA 08/03/01 N/A 08/13/01 08/16/01 08123/01 09/071 UTG to CG CPA Comp change OHJ2 ZC Leon from LDR to HDR 08/08/01 ~te Naomi Oliver & zone change 09110101 01-05 from RS to RM Replace elCisting VAR. HilIyefs sign cabinet 08117101 - Sco" 01-10 Ford w/rtfNI oval 0911001 cabinet SPR Build a pole bam Incornp<ete OHJ9 TIIl1Kerr where \he existing 08123/01 09111101 Scott barn was. SPR Craig Amend Condition 01-10 Reany Grp of Approval '1 & 08/28/01 Naomi 08/29/01 09/04/01 09/07/01 NlA NlA 09/20/01 09/27/01 lJ23 of SPR 00-18 VAR. Silverton Sign Varian", 09/06101 Scott 01-11 Hospital PC Mail Noti", Final Noli'" 10 Post Stf Rpt CC Ord. ec Ord. Order forCe Paoers Prooertv Due Hearino Due Adootion Appeal 09/13/01 ends 09/24 1 09/13/01 09/17101 09/17/01 09/28/01 1!!l!!1l!!1 1J!l!!!!!Q1 ~ QO I L..,",UI~II"V r .'U,",L-'lr..I I II"'-l'"\vf\.lI'C,", .,;)fU':"L.. I - KUVISea: ~-1I~1 . Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post StfRpt PC Order Final Notice to Post SlfRpt CC Ord CCOrd. AooIicant Desenotion Received Complete Date Planner Referrals Meetina for PC Paoer Property Due Heanna Due Order forCC Paoers Prooertv Due Hearina Due Adoption SPR Woodburn Construct SchOOl structures with 08131/01 09/12/01 Scott N/A N/A N1A N1A 09/20/01 09/27/01 01.11 District athletic fields PAR Kohl Co. Partition lot into 2 09111/01 Naomi 01-04 parcels ~ 00 , Mail Notice Final PC Mail Notice Project Date Deemed , 20-Day Facilities Notice to Post StfRpt PC Order Final Notice to Post StfRpt CC Ord CCOrd ADoIicanl Oe$cription Received Complete Date Planner Referrals Meeting for PC Paper Property Due Hearing Due Order forCC Paper.; Property Due Hearing Due Adoption oning Onl. .v.... i1 Sept. fOf' Revision pubic - Jim Ulban lJ<t>an K__ DsdnCl ~I -by~ JonnIJim Prngrom - =:r="""" -*><y & Ord -~ AInllnd- ~WlChnew ....... -""'" Jim -- - TOM Gt'anl appro'lfKl s,..". s..._ """" Jim -. alwor1tMlhOOOT Updole .:\Community DevelopmentlPlanninglMisc 2001\Planning Case Log MEMO TO: MA YOR AND CITY COUNCIL FROM: N. ROBERT SHIELDS, CITY ATTORNEY PAUL NULL, CHIEF OF POLICE RE: ORDINANCE REVISION UPDA TE/LIV ABILITY TASK FORCE DATE: OCTOBER 4,2001 BACKGROUND: As you are aware, we have been working with you and the Livability Task Force on an ordinance revision project. Ordinances related to city livability are being revised at a staff level, presented to the Livability Task Force for discussion and recommendations, and then forwarded to the City Council for consideration and adoption. This is an ambitious project involving comprehensive ordinance revisions, However, there is significant benefit to the city. The legal revisions reduce potential city liability. Some additional provisions can be added to make each ordinance more effective. Finally, the revised ordinances are easier for the Police Department to administer and for the public to understand. VEHICLE ORDINANCE REVISIONS. The ordinance revision project has already resulted in City Council passage of a consolidated II alil;'; 01 ul11,l!i;';1.: lfl A.prii LUU 1. Thls 11\;;w 01 G11lalh..;,; n.. v i::'IAl aud l;0..110~Heu three pi":", ~v l.., ordinances which addressed traffic, parking, and abandoned vehicles. It was discussed extensively with the Livability Task Force prior to its presentation to City Council and now makes traffic enforcement within the city easier and more effective. NOISE ORDINANCE. Recently, a need to update the city's existing noise ordinance has become apparent. In 2000, the Woodburn Police Department responded to 664 noise disturbance calls and this represents approximately 6% of the annual calls for service. The large number of calls from citizens related to noise indicates that the community places a high priority on maintaining a tranquil and peaceful climate within their neighborhoods. I SF Memo to Mayor and Council October 3, 2001 Page 2 With this in mind, a new proposed noise ordinance was drafted and presented to the Livability Task Force for discussion at its August 2001 meeting. The overall objective was to produce a modern noise ordinance which can be effectively and consistently enforced. One of the best tools the Police Department can have in their arsenal against noise is a solid, sensible and comprehensive ordinance. After its discussion, the Livability Task Force recommended approval of the ordinance after the Police Department completes certain decibel level studies. The proposed new noise ordinance identifies specific decibel level limits for certain activities at certain times of day. The Police Department is currently conducting a study to establish the appropriate decibel level at sites throughout the city. This study should be completed by the end of the year and then the ordinance can be presented to the City Council for consideration. A request will be made to the Budget Committee at the mid-year budget review to fund needed equipment and training to accommodate the enforcement of the proposed noise ordinance. The fiscal impact to the city will be about $5,000 for the purchase of two decibel meters at a cost of about $2,000 each and training for police and code enforcement officers at an estimated cost of $1,000. The model of decibel meters the Police Department is considering will allow metered readings to be downloaded to a computer and printed for court presentation. lOA MEMO FROM: City Council through City Administrator // ;fL~/' Public Works Program Manager ~0 7 .~ Water System Development Charge Public Hearing TO: SUBJECT: DATE: October 3, 2001 RECOMMENDATION: After evaluating public input, direct staff to prepare a resolution adopting the revised Water System Development Charge methodology and the revised Water System Development Charge rates. BACKGROUND: The Water System Development Charge( SDC) is a one-time fee imposed on new development or some types or redevelopment at the time of development. The water SDC is the sum of two components. The first is a reimbursement fee designed to recover costs associated with capital improvements already constructed or under construction, The second is an improvement fee designed to recover costs associated with capital improvements to be constructed in the future. Completion of the water master plan caused an evaluation of the methodology that determined the SDC fee, To determine the reimbursement fee a detailed list of water utility assets was compiled and adjusted. The asset items were then evaluated for their capacity relevance and the amount of unused capacity present. The total cost of assets having available capacity then became the reimbursement fee cost basis that was used for the reimbursement fee SDC component. To determine the improvement fee a list of needed capital projects was compiled, Each of the capital projects was then evaluated and a portion of each project was allocated to the improvement fee depending upon the type and use of the project, The sum of these allocated project costs then became the improvement fee cost basis that was used for the improvement fee SDC component. The city's existing practice of charging the water SDC based on projected peak demand was maintained. Charges per gallon per day of peak use increased from $5.00 to $7.84. Costs for a single family residence increased from $1,452 to $2,085, The effective date for amended fees is proposed to be January 1,2002, The amendment proposed was approved by the Citizen Water Master Plan Committee. The consultant who evaluated the SDC methodology and developed the proposed amended rates will make a presentation as part of the public hearing. IUB , City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: October 2, 2001 From: Paul Null, Chief ofPoli e To: Mayor and City Council Through: John Brown, City Administrator Subject: 2001 Local Law Enforcement Block Grant RECOMMENDATION: City Council approve receipt and allocation of Local Law Enforcement Block Grant funds for the purchase of Mobile Data Computers equipment and software. Grant Award In July 2001, the Police Department was awarded a Local Law Enforcement Block Grant (LLEBG) from the U.S. Department of Justice. The grant award is $10,893. with a required local match of$1,210., for a total of$12,103. Funds from the grant are allowed to be used with little restrictions as long as it can be shown the allocation of funds will reduce crime and improve public safety. The grant contains two special conditions prior to the release of funds. Those conditions are: 1. The recipient agrees that prior to the obligation of any LLEBG funds an advisory hoard will meet to discuss proDosed users) of the ~rant funds. The advisorY board will make a non-binding recommendation on the use(s) of the funds under the LLEBG Program. Members of the advisory board must include a representative from the following: · The local police department or sheriffs department · The local prosecutor's office · The local court system A local nonprofit, religious, or community group active in crime prevention or drug use prevention treatment 2. The recipient agrees that prior to expenditure of any LLEBG funds, at least one public hearing will be held regarding the purpose(s) of the funds. Proposal The police department seeks to further enhance it's wireless data communication system with funding from the Local Law Enforcement Block Grant. The enhancement would provide the f- ,OB Advisory Committee Local Law Enforcement Block Grant City Hall - Conference Room 270 Montgomery Street Woodburn, OR 97071 October 2, 2001 at 1:00 p.m. Advisory Committee: Greg Olson - Undersheriff - Marion County Sheriffs Office Jack Reeves - Superintendent - Woodburn School District Janice Zyryanoff - Municipal Court Judge - City of Woodburn Pete McCallum - President - Woodburn Together Robert Shields - City Attorney - City of W oodbum AGENDA I. Open Meeting II. LLEBG Hearing and Review Requirements III. Review History of Previous Grant Awards 1996 Community Action Vehicle 1997 Video Imaging System 1998 Document Imaging System 1999 Motorcycle Traffic Team 2000 Mobile Computer System IV. Proposed Expenditure of2001 LLEBG Funds Digital Fingerprint Scanner Mobile Data Computers - Lap Top Bike Patrol Program Digital Camera System Vehicle Video Camera V. Discussion VI. Make Advisory Recommendation to City Council VII. Adjournment IV. This year's grant amount is $10,893. Coupled with the required match of$1,210, the available amount for the grant project will be $12,103. This amount is down slightly from last year. The grant amount is based on Part I Crimes, which have declined from the previous year. Chief Null stated he had conducted a survey ofthe department's police officers to gather ideas for this year's project. Listed below are five projects to be considered for expenditure of the 2001 LLEBG funds. . Digital Fingerprint Scanner - This system would enable officers to fingerprint subjects electronically, vastly enhancing the accuracy and matching capabilities of identification operations. The total cost of this system is approximately $40,000, which would leave an balance of approximately $38,000 to be funded from an as-yet unidentified source. This request could become a moot issue in the future if Marion County secures a different grant to fund this type of system in the outlying areas to cut down on the volume of persons being printed and processed at the jail. . Mobile Data Computers/Lap-Tops - These units are portable and can be used the same way that the MDT's are used in vehicles. They would enable officers/detectives to work in remote locations i.e., crime scenes, while waiting in hospitals, and could be used by motorcycle officers. The cost is approximately $5,000 per unit - the goal being to purchase 3 units. . Bicvcle Patrol Program - The department has had an active bicycle program for the past seven years when two bicycles were donated to the agency. The bicycle patrol program has been involved in downtown patrols, park patrols, and special events (Mexican Fiesta, Fourth of July, Grand Opening of Woodburn Company Stores, etc.). Over the years, the condition of the donated bicycles has deteriorated and there has been no money in the budget for replacements. If the LLEBG funds were used for this program, some of the money would be used toward the purchase of new bicycles and officer bicycle gear with the balance of the funds going toward overtime hours for special .. ~ "', 1: l~:l i.',_. .1L-..../". l"l r r, f.,:,"" ,'"' 'I . ~ '\ . Digital Camera System - This system would replace the current 35mm cameras and would include purchase of a computer, related software and cameras, and would enable officers to verify the quality of photos at the they are taken. The system would allow electronic attachment of photos to reports. Although there has been some reluctance to use digital systems due to the potential for manipulation/alteration of photographs, a procedure has been established to ensure the validity of digital photographs. The cost of this type of system is approximately $15,000. . Vehicle Video Camera - The department currently has one vehicle video camera which was donated. The camera is permanently mounted to the dash of a patrol unit, with the , control box located in the trunk. The system is installed so that when an officer activates, the vehicle's emergency lights, the camera is activated along with a microphone located on the officer's lapel. The system is useful in court situations, documentation of officers' demeanor, and in training situations. The cost is approximately $5,000 per unit: ~ lOB V. Chief Null stated his priority would be to purchase three Mobile Data Terminals/Lap-Tops. This would build on the current system and allow use in a greater array of situations. VI. Pete McCallum made a motion to make a non-binding recommendation to the City Council the Mobile Data Terminals/Lap-Tops. Judge Janice Zyryanoff seconded the motion, which passed unanimously. VII. Meeting was adjourned at 1 :30 p.m. cc: Woodburn City Council Advisory Board Members file Advisory Committee Local Law Enforcement Block Grant Woodburn City Hall Conference Room October 2,2001 1 :00 p.m. rOB Advisory Committee: N. Robert Shields, City Attorney, City of Woodburn Paul Null, Chief of Police, Woodburn Oregon Pete McCallum, President, Woodburn Together Jan Zyryanoff, Municipal Court Judge, City of Woodburn Greg Olson, Undersheriff, Marion County Sheriffs Office ** Jack Reeves, Superintendent, Woodburn School District ** ** Members were absent from meeting but contacted individually for briefing and determination of consensus. Recorder: Nita Marr, Administrative Secretary, Woodburn Police Department I. Meeting was called to order at I: 10 p.m. II. Chief Null began the meeting with background on the Local Law Enforcement Block Grant (LLEBG) Program process, hearing and review requirements. The process consists ofthe following steps: · Electronic application submission by Woodburn Police Department · Meeting of Advisory Committee . Non-binding advisory recommendation to Woodburn City Council . Public Hearing at City Council meeting (scheduled for Monday, October 8,2001) III. The history of previous LLEBG awards was reviewed which consisted of the following purchases/programs: . 1996 - Community Action Vehicle (used for public education events and as mobile crime scene operation headquarters). . 1997 - Video Imaging System (used to access mug shots and intelligence information from various other law enforcement agencies, and to provide more precise photo line-up capabilities). . 1998 - Document Imaging System (used to reduce documents to a computerized format, providing increased ease of access and reducing the amount of space required for retention of records for varying periods of time). . 1999 - Motorcycle Traffic Team (used to enforce traffic violations and facilitate response to traffic congestion and motor vehicle accidents). . 2000 - Mobile Computer System (used for electronic communication/access between officers in patrol vehicles and dispatch/records systems). All of these programs are up and running (with the exception of the Mobile Computer System which is in the process of being implemented) and have proven beneficial to the Department in its day to day operations. l police department with three lap top computers, modems, and software, which will be utilized by I' , detectives, patrol officers assigned to special details which takes them out of their patrol units, motorcycle officers, code enforcement officers, and administration. The project will allow officers to substantially reduce report writing time and increase their effectiveness on the street. At the heart of the this project is the creation of a seamless data stream that connects emergency dispatch, police officers and supervisors in the field, police records management, DMV records, and multiple crime records databases. This will permit officers to quickly and effectively access much needed crime information in the field and also reduce the drain on dispatcher resources and reduce radio traffic. The police department proposed several possible grant uses to the LLEBG Advisory Board for their consideration. Attached please find the minutes of the LLEBG Advisory Board meeting of October 2,2001, at which unanimous support was voiced for the Mobile Data Computer project. cc Advisory Board Members Grant file ~ ~oc Attachments: Exhibit A: Planning Commission Final Order, dated 9/13/01 Exhibit B: Planning Commission 8/23/01 Staff Report Exhibit C: Planning Commission 8/23/01 Minutes Zone Change 01-04 2 I C. I, CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: October 8, 2001 From: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development t Zone Change 01-04 To: Subject: RECOMMENDATION: In regard to this proposal, the City Council has the following options: (1) Concur with the Planning Commission's final order and approve Zone Change 01-04. (2) Modify the Planning Commission's final order. (3) Deny Zone Change 01-04. It is recommended that the City Council instruct staff to prepare an ordinance to substantiate your decision. BACKGROUND: The subject property (.9 acre strip of land located on the southern portion of Tax Lot #1200 at 3002 Stacy Allison Way) was an island of unincorporated land that was annexed into the city on June 11, 2001 (ref. Ordinance No. 2289 approving Annexation 01-03). A City of Woodburn zone designation was not established on the subject site when the property was annexed into the city. Thus, the site is located within the city limits but still retains the Marion County zoning designation of "Urban Transition Farm." The applicant, Wal-Mart Real Estate Business Trust, is requesting a zone change for the subject site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District). At their hearing of August 23, 2001, the Planning Commission considered the request by Wal-Mart Real Estate Business Trust for a zone change from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on the subject property. On September 13,2001, the Planning Commission approved a final order recommending approval of Zone Change 01-04. Of!.. Attachments: Exhibit A: Planning Commission Final Order, dated 9/13/01 Exhibit B: Planning Commission 8/23/01 Staff Report Exhibit C: Planning Commission 8/23/01 Minutes Zone Change 01-04 2 , ' WOODBURN /"c. I ORE G 0 N Incorporated 1889 IN THE PLANNING COMMISSION OF WOODBURN, OREGON ZONE CHANGE 01-04 ) ) ) FINAL ORDER ) ) ) WHEREAS, a request was made to the Planning Commission to change the zone designation for the subject site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land on the southern portion of Tax Lot #1200 located at 3002 Stacy Allison Way, and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting on August 23, 2001, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and the public and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to recommend approval of Zone Change 01-04 and instructed staff to prepare findings and a recommendation. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: 1. The Planning Commission recommends that the City Council approve Zone Change 01-04. Said recommendation is based on substantial evidence presented at the hearing and the findings and conclusions contained in Exhibit "A", which are attached hereto and by reference incorporated herein. Approved: t!)~;;J /0 ( . Date Final Order - ZC 01-04 Community Development Department 270 Montgomery Street. Woodburn, Oregon 97071 Ph.503-982-5246 . Fax 503-982-5244 Page 1 Exhibit "A" /0 EXHIBIT II A" FINDINGS AND CONCLUSIONS I. APPLICATION INFORMATION: Applicant & Property Owner: Wal-Mart Real Estate Business Trust 2001 SE Tenth Street Bentonville, AR 72712-8703 II. NATURE OF APPLICATION: The applicant requested a zone change for the subject site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land on the southern portion of Tax Lot #1200 located at 3002 Stacy Allison Way. III. RELEVANT FACTS: The subject site is located at 3002 Stacy Allison Way. It can be identified specifically on Marion County Tax Assessor's Map as T5S, R2W, Section 12C, Tax Lot 1200. The subject property is zoned Marion County "UTF" (Urban Transition Farm) and designated Commercial on the Woodburn Comprehensive Plan Map. The properties to the north (Across Stacy Allison Road) and south are designated Commercial on th_e Woodburn Comprehensive Plan Map and zoned "CG" (Commercial General District). A Wal-Mart Store is located to the north of the subject property. The property to the south of the subject site is currently vacant. West Hayes Street lies to the east and Interstate 5 to the west of the subject strip of land. The annexation of the subject site (.9 acre strip of land located on the southern portion of Tax Lot #1200) into the City of Woodburn was approved by the City Council on June 11, 2001 (ref. Ordinance No. 2289 approving Annexation 01-03). The applicant is not proposing to develop the property as part of this Zone Change request. IV . RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance Final Order - ZC 01-04 Page 2 I Ire 1. Chapter 7. Public Hearings 2. Chapter 15. Zone Change Procedures 3. Chapter 16. Comprehensive Plan Amendment Procedure 4, Chapter 30, CG - Commercial General District C. Woodburn Access Management Ordinance D. Woodburn Transportation Systems Plan v. ANALYSIS: 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. The subject site is currently vacant. This approval criteria was met. B. Woodburn Zoning Ordinance: 1. Chapter 7 Public Hearings FINDING: Property owners within the notification area were noticed 20 days prior to the public hearing. This approval criteria was met. 2. 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 Final Order - ZC 01-04 Page 3 I C- ordinance, and shall not be passed until after the conclusion of a public hearing held either by the Planning Commission or Common Council. Denial of a Zone Change or reclassification shall be by motion. The petitioner may present written or oral information to the Common Council at the time the rezone or reclassification is considered. Whenever any change is authorized by the Common Council, the Official Zoning Map shall be changed as provided in Section 4.050. FINDING: A zone change was requested as part of this proposal from Marion County's UTF Zone to the City's CG District. This zone designation is compatible with the CG zoning on the properties to the north and south of the subject property as well as with the Commercial designation on the Comprehensive Plan Map. A further discussion of the zone change criteria is included in the following section of this final order. 3, Chapter 16 Comprehensive Plan Amendment Procedure Section 16.080 Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding ... 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; FINDING: The subject property (.9 acre strip of land located on the southern portion of Tax Lot #1200) was an island of unincorporated land that was recently annexed into the city. A City of Woodburn zone designation was not established on the subject site when the property was annexed into the city. Thus, the site is located within the city limits but still retains the Marion County zoning designation of "Urban Transition Farm," The applicant requested that the proper City of Woodburn zoning designation be assigned to the subject property to best correspond to the Woodburn Comprehensive Plan and Zone Maps. The three zone designations that correspond to a commercial designation in the Comprehensive Plan are "CO" (Commercial Office), "CR" (Commercial Retail) and "CG" (Commercial General). The proposed zoning designation for the subject site should correspond to the commercial zoning on the adjacent properties. Final Order - ZC 01-04 Page 4 /{JC The properties to the north and south of the subject site are zoned "Commercial General" (CG). A CG zoning on the subject site corresponds to the Commercial designation on the Woodburn Comprehensive Plan Map and the CG zoned properties to the north and south. The applicant's zone change request meets this approval criteria. 2. Show that the particular piece of property in question will best meet that need, FINDING: A CG zoning on this particular piece of property best corresponds to the same CG zoning on the properties located to the north and south. The subject property was recently annexed into the City of Woodburn. A zone change from the Marion County zoning of UTF to City of Woodburn CG zoning corresponds to the subject property being in the jurisdiction of the City of Woodburn Comprehensive Plan and Zoning Code. The applicant's zone change request meets this approval criteria. C. Woodburn Access Management Ordinance FINDING: The subject property is accessed via Stacy Allison Way. The applicant is not proposing a new access as part of this zone change request. The applicant's zone change request complies with this approval criteria. D. Woodburn Transportation System Plan FINDING: The applicant is not requesting the development of the subject property at this time. The applicant requested that the proper zoning designation be assigned to the property that is compatible with the adjacent zoning and the existing Woodburn Comprehensive Plan designation. The applicant's zone change request complies with this approval criteria. VI CONCLUSION AND RECOMMENDATION: Zone Change 01-04 meets all criteria relating to approval as discussed herein. The Planning Commission recommends approval of Zone Change 01-04. Final Order - ZC 01-04 Page 5 WOODBURN INTERCHANGE >- ~ . Ii ~5 i ~ ~ ~- ;-':!:'~~\.-~\~.:-~ ;;'~'-~:";:-.-\;t- . ::.~ . ". ._~ (_>0 1.;-.... . "'... '~.. RS RS , ! .--------n-i I,-~ --------- ,------1 L.J i 1/ L-----11 1/ I I I I I I I I I I I I I I I i I I ! ; r-----~--..--~--- 1 L _______ OF WOODBURN i I 1-. I r--rL'j-l-- , , : I IT ---r--r---l i I I CIIS7 .-.. LEGEND .--..- CITY LIMITS URBAN GROn7I BOUNDARY I PrI:1 PRlV~TE STREET (NOT CITY R1C1IT-O'-Jf~Y) UNIJIPROVllD R1C1IT-o'-Jf~Y 111111/1/11111/ RIALROAD >>-LD<-{ CULVERT f ~ t RI - , I Co VI CONCLUSION AND RECOMMENDATION: Based on the information in this report, findings required to approve Zone Change 01-04 can be made. Staff recommends approval of this zone change request. VII ATTACHMENTS: Exhibit A - Location and Zoning Map Exhibit B - Notice of Public Hearing Exhibit C - Public Works Comments Exhibit D - Fire District Comments Exhibit E -Application and Applicant's Narrative ZC 01-04 Page 5 , Nt CITY OF WOODBURN, OREGON STAFF REPORT August 23, 2001 ZONE CHANGE 01-04 I. APPLICATION INFORMATION: Applicant: Michael C. Robinson 900 SW 5th Avenue, Suite 2600 Portland, OR 97204-1268 Property Owner: Wal-Mart Real Estate Business Trust 2001 SE Tenth Street Bentonville, AR 72712-8703 Application Deemed Complete: August 3,2001 120 Day Deadline: November 30, 2001 Staff Report Available for Public Review: August 17, 2001 II. NATURE OF APPLICATION: The applicant is requesting a zone change for the subject site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land on the southern portion of Tax Lot #1200 located at 3002 Stacy Allison Way. III. RELEVANT FACTS: The subject site is located at 3002 Stacy Allison Way. It can be identified specifically on Marion County Tax Assessor's Map as T5S, R2W, Section 12C, Tax Lot 1200. The subject property is zoned Marion County "UTF" (Urban Transition Farm) and designated Commercial on the Woodburn Comprehensive Plan Map. The properties to the north (Across Stacy Allison Road) and south are designated Commercial on the Woodburn Comprehensive Plan Map and zoned "CG" (Commercial General District). A Wal-Mart Store is located to the north of the subject property. The property to the south of the subject site is currently vacant. West Hayes Street lies to the east and Interstate 5 to the west of the subject strip of land. The annexation of the subject site (.9 acre strip of land located on the southern ZC 01-04 Page 1 Exhibit "B" / C.- , portion of Tax Lot #1200) into the City of Woodburn was approved by the City Council on June 11,2001 (ref. Ordinance No. 2289 approving Annexation 01-03). The applicant is not proposing to develop the property as part of this Zone Change request. IV. RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance 1 . Chapter 7. Public Hearings 2. Chapter 15. Zone Change Procedures 3. Chapter 16. Comprehensive Plan Amendment Procedure 4. Chapter 30, CG - Commercial General District C. Woodburn Access Management Ordinance D. Woodburn Transportation Systems Plan v. ANALYSIS: A. Woodburn Comprehensive Plan: STAFF COMMENT: Applicable goals and policies have been satisfied through the implementation of the Woodburn Zoning Ordinance and other applicable ordinances in affect at the time of approval. The designated land use for the property is Commercial on the Comprehensive Plan Map. The subject site is currently vacant. B. Woodburn ~ning Ordinance: 1. Chapter 7 Public Hearings STAFF COMMENT: Property owners within the notification area were noticed 20 days prior to the public hearing. This criteria has been met. 2. 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. ZC 01-04 Page 2 ZC 01-04 , /ot Section 15.035. Hearing Before the Planning Commission. The Planning Commission shall hold a public hearing as described in Chapter 7 of the Zoning Ordinance. After concluding its hearing, the Planning Commission shall prepare a report setting forth a summary of facts and conditions involved in the reclassification and submit the same, together with its recommendation to the Common Council. Section 15.040. Hearing Before the Common Council. If the Common Council so desires, it may hold a public hearing on any proposed Zone Change or reclassification as provided in Chapter 7. Any Zone Change or reclassification of property shall be by ordinance, and shall not be passed until after the conclusion of a public hearing held either by the Planning Commission or Common Council. Denial of a Zone Change or reclassification shall be by motion. The petitioner may present written or oral information to the Common Council at the time the rezone or reclassification is considered. Whenever any change is authorized by the Common Council, the Official Zoning Map shall be changed as provided in Section 4.050. STAFF COMMENT: A zone change is being requested as part of this proposal from Marion County's UTF Zone to the City's CG District. This zone designation is compatible with the CG zoning on the properties to the north and south of the subject property as well as with the Commercial designation on the Comprehensive Plan Map. A further discussion of the zone change criteria is included in the following section of this staff report. 3. Chapter 16 Comprehensive Plan Amendment Procedure Section 16.080 Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding ... 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; STAFF COMMENT: The subject property (.9 acre strip of land located on the southern portion of Tax lot #1200) was an island of unincorporated land that was recently annexed into the city. A City of Woodburn zone designation was not established on the subject site when the property was annexed into the city. Thus, the site is located within the city limits but still retains the Marion Page 3 ~ ., It> .. County zoning designation of . "Urban Transition Farm." The applicant is requesting that the proper City of Woodburn zoning designation be assigned'to the subject property to best correspond to the Woodburn Comprehensive Plan and Zone Maps. The three zone designations that correspond to a commercial designation in the Comprehensive Plan are "CO" (Commercial Office), "CR" (Commercial Retail) and "CG" (Commercial General), The proposed zoning designation for the subject site should correspond to the commercial zoning on the adjacent properties. The properties to the north and south of the subject site are zoned "Commercial General" (CG). A CG zoning on the subject site corresponds to the Commercial designation on the Woodburn Comprehensive Plan Map and the CG zoned properties to the north and south. The applicant's zone change request meets this approval criteria. 2. Show that the particular piece of property in question will best meet that need. STAFF COMMENT: A CG zoning on this particular piece of property best corresponds to the same CG zoning on the properties located to the north and south. The subject property was recently annexed into the City of Woodburn. A zone change from the Marion County zoning of UTF to City of Woodburn CG zoning would correspond to the subject property being in the jurisdiction of the City of Woodburn Comprehensive Plan and Zoning Code. The applicant's zone change request meets this approval criteria. C. Woodburn Access Management Ordinance STAFF COMMENT: The subject property is accessed via Stacy Allison Way. The applicant is not proposing a new access as part of this zone change request. D. Woodburn Transportation System Plan STAFF COMMENT: The applicant is not requesting the development of the subject property at this time. The applicant is requesting that the proper zoning designation be assigned to the property that is compatible with the adjacent zoning and the existing Woodburn Comprehensive Plan designation. ZC 01-04 Page 4 NOTICE OF PUBLIC HEARING N!, TURE OF APPLlCA TION/PROPOSED USE: Zone Chanae 01-04: The applicant is requesting a zone change from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land located on the southern portion of Tax Lot #1200. APPLICANT & PROPERTY OWNER: Wal-Mart Real Estate Business Trust 2001 SE Tenth Street Bentonville, AR 92712-8703 LOCATION OF SUBJECT PROPERTY: The subject property is located at 3002 Stacy Allison Way.' It can be identified specifically on Marion County Assessor Map T5S, 2W, 12C, Tax Lot 1200. HEARING DATElTIME: August 23,2001 at 7:00 p.m. LOCATION: Woodburn City Hall, Council Chambers 270 Montgomery Street Woodburn, OR 97071 DECISION MAKER: Woodburn Planning Commission APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN CRITERIA: 1) WOODBURN ZONING ORDINANCE Chapter 7. Public Hearings Chapter 15. Zone Change Procedures Chapter 16. Comprehensive Plan Amendment Procedure Chapter 30. CG - Commercial General District 2) WOODBURN COMPREHENSIVE PLAN 3) WOODBURN TRANSPORTATIONS SYSTEM PLAN 4) WOODBURN ACCESS MANAGEMENT ORDINANCE INFORMATION: a) A copy of the application, all documents, and evidence relied upon by applicant and applicable criteria 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 hearing 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 hearing. 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. /t)C- .. 'If Exhibit "B" -~'<~~r~-LT-- I i I ,I 1 I r--- '--L--T--.L... -1.. .L:o-c~L--L I I I ~-_.=L i I I /r-"i =''"''=''''""L'''''"-~f",)Li - - - ;- I i , I I :-:::::::::~-.._- "---- ------- ZONE --------- MAP LEGEND D D - ~." ~ RS SINGLE FAMILY RESIDENTIAL RISSPECIAL SINGLE RESIDENTIAL LIMITED MULTI -F AMIL Y RESIDENTIAL R. MULTI-FAMILY RESIDENTIAL CO COMMERCIAL OFFICE D CR COMMERCIAL RET AIL 1TWl. CO COMMERCIAL ~ GENERAL -- D..-. CBDCOMMERCIAL : BUISNESS DISTRICT IIIDDCftDO\JNTD\JN DESIGN AND UCONSERVATION DISTRICT I"'-'c!' 1 ID INTERCHANGE <, COMMERCIAL D IS INDUSTRIAL SALES D IP [J IL D IN D PA D PC D PB Q PP D P8 ~~:~II~E RD RL . -..-.-- DUPLEX RESIDENTIAL INDUSTRIAL PARK LIGHT INDUSTRIAL HIGH TECHNOLOGY PUBLIC AMUSEMENT AND RECREATION PUBLIC AND PRIVATE CEMETERIES PUBLIC AND PRIVATE EDUCATIONAL FACILITIES PUBLIC PARK CDNDITIONAL USE ZDNE NEIGHBDRtDlD CDNSERVA nON OVF'~I A v m~T""rT .. //)C- 7"0"' / . JUk10-01 14:48 FROM- T-463 P.03/10 F-456 c""';:;..:::. ;:CJ.:J~Q':':J44... '-.. 1 T ~ VILJL.;lJQLR"U"'( rMo;l~ 1:/'; .. /0 REQUIREO A'rTACHMENTS . . 1. s:r ~TEMENT OF INTENt:.. should ~explain the r~Qn U11s request is mads. tndude brief dasaipt50n of errt proposed ecnstrudion Of land use change. shew that the request is: 1) in ~ with the ComprehenSive Plan; 2) there is a public need fur this c:hangej 3) that need is best met by this proposal; 4} there is no ether available and appropriately zoned land in the vicinity: 5) petitioner's cannot make a reasonable use at the 1and as it is C1lCT8Otfy zoned. (See %One change pcijey considerations). (Mark EXHIBIT IN) . 2.. FlOT PLAN: Show aU properties within 250' from and parallel to 1t1e subject property and the land usa of each. Mar1< t:XHJSIT IB.f Draw to scale. 3. . ~AL OESCRIPT1CJN oftha property in metes and bounds (as it appears on the deed); Mark EXHIBiT -0', or if property is within. a platted subdivision: paCTI . - .. ~ 1 . Slade . of PARTITION (SubdIViSion). (:J\TTACRED) t'L.A.I. ~u. ~Z-1.7 --NOTE: If a fraCtion of the rot, then attach fuD description as if it were metes and bounds. 4. ,..,AMES AND ADDRESSES OE AlL PROPERlY OWNERS' (husband and wife) within 250 feet from and paraIlel to the subiect property. Obtaln certified list and map frem title o:lmpany and attach. Mark EXHIBIT -0". 5.. ASSESSOR'S MAP.. Attach copy of Mazion County A&sesscr'~ map showing subject area and outfining 250" notification area. Mark EXHIBIT .PI -- We, the undersigned. hereby Certify that aIl1he statements in the plot plan, attaohmen~ and e:chibits transmitted herewith are true and complete. and we are the owners of record or contract cl..trd'1asers of oroperty for whieh tfi'e zOne map change ls l'eQuested: . * NAME /1// VrflJ1, ~ ROBERT BEDARD. ~al-Mar~ Real Estate Busi1JQSS Trust DATE ? /;3 Jo J. Assistant ViCe President Date: IDC- .. APPLICATION BY WAL-MART REAL ESTATE BUSINESS TRUST FOR ZONING MAP AMENDMENT FROM URBAN TRANSITION FARM ("UTF") to GENERAL COMMERCIAL ("GC") ON.9 ACRES LOCATED EAST OF STACEY ALLISON WAY AND WEST OF WEST HAYES. L APPLICATION INFORMATION. A. Description of Application. This application requests an amendment to the acknowledged City of Woodburn ("City") zoning map from Urban Transition Farm ("UTF") to General Commercial ("GC") on .9 acres. The property is designated "Commercial" on the City's acknowledged Comprehensive Plan ("Plan") map. The property consists of a former easement granted by Wal-Mart Real Estate Business Trust ("Wal-Mart") at the time the City approved the Wal-Mart store. However, neither the City did not annex the property until recently and the property remained zoned UTF. The City of Wood bum City Council ("City Council") recently annexed the property. B. Applicant and Property Owner. Wal-Mart Real Estate Business Trust 2001 SE Tenth Street Bentonville, AR 72712-8703. C. Applicant's Representatives. 1. Michael C. Robinson Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204-1268 Telephone: 503-294-9194 Facsimile: 503-220-2480. 2. Scott Franklin Pacific Land Design 10121 SE Sunnyside Road, Suite 215 Clackamas, OR 97015 Telephone: 503-659-9500 Facsimile: 503-659-2227 * REC'O * AUG 03 2001 WOODBURN COMMUNITY DEVELOPMEI-..IT DEPT. Portlndl-2081314.1 0033146-00010 1 .. /1e- I D. Description of Site. The site is located between Stacey Allison'Way on the west and West Hayes on the east (Exhibit 1). The site to be zoned is approximately 34 feet wide and runs the length of the Wal- Mart property. The legal description is shown in Exhibit 2. Approval of this zoning map amendment, which is consistent with the City's acknowledged Plan, does not allow additional development nor will it cause additional traffic generation. This application simply corrects an oversight by zoning an area that has been recently annexed to the City but that should have been annexed and zoned a number of years ago. E. Adiacent and On-site Land Use. Comprehensive Plan and Zoning Map Designations and Utilities. 1. On-site Comprehensive Plan Map designation. The property is designated "Commercial" on the City's Acknowledged Plan map. 2. Adjacent zoning map designation. The adjacent property is zoned General Commercial ("GC"). 3. Land use on adjacent properties. The property to the south is vacant. The property to the east is developed with residential uses. The property to the north is developed with commercial uses. 4. Utilities. Public utilities (water, sanitary sewer and storm drainage) are available at the site. However, as noted above, because this zoning map amendment will not provide for additional development, notwithstanding that utilities are available and present at the site, capacity is not relevant to this application: II. ZONING MAP AMENDMENT IN CONFORMANCE WITH THE "COMMERCIAL" PLAN MAP DESIGNATION. A. Introduction. The "GC" zoning map designation implements the "Commercial" Plan map designation. B. Applicable Woodburn Comprehensive Plan Policies. Portlndl-20K1314.1 0033146-00010 2 /0 .. 1. Plan Policy B-3. This Commercial Land Development polIcy provides: "Strip wning should be discouraged as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet and parcels containing multiple driveway access points. Whenever possible, the city should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage side lots should be encouraged to develop 'mall type' developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. " FINDING: The City can tind that the application does not encourage or constitute strip zoning because it does not meet the policy's description of strip zoning. Further, the application provides for zoning of an area already developed consistent with this Plan policy's recommendation. No other Commercial Land Development policies are applicable to this application. 2. Plan Eolicv H-2. This Public Services policy provides: "The level of key facilities that can be provided should be considered as a principal factor in planning for various densities and types of urban land uses. " FINDING: The City can find that the site will be served by adequate public facilities. 3. Plan Policies K-l through K-7. This Transportation policy provides: Portlndl-2081314.1 0033146-00010 3 Itl~ .. "Access to a development site shall be consistent with an adopted access management plan for specific streets." The City's "Access Management Ordinance" establishes access management policies for service collector roads. A service collector road is a "Class III" facility. Driveway spacing requires that driveways be no closer than 50 feet. Section 7(a) of the ordinance requires that cross access drives and pedestrian access be provided between adjacent commercial properties. Section 7(B) authorizes the Community Development Director to designate such corridors on properties adjacent to roadways. No such designation has been made as of the date of this application with respect to this property. The City can find that given the size of this development, it can satisfy the applicable portions of the access management ordinance. C. Transportation Planning Rule and Oregon Highway Plan 1. Transportation Planning Rule, OAR 660-012-0060(1). OAR 660-012-0060(1) applies to amendments to land use regulations. The City Zoning map is part of the City's land use regulations, so an amendment to the zoning map is an amendment to the land use regulation. This section of the Transportation Planning Rule ("TPR") may be applicable to this application ifit "significantly affects" a transportation facility. Significant affect is defined at OAR 660-0 12-0060(1)(a)-(d). Because this application does not provide for additional development, the City can find that additional traffic development will not be created by this application and, therefore, the application will not significantly affect a transportation facility. This provision of the TRP is inapplicable. 2. TPR, OAR 660-012-045(3)-(5). This portion of the TPR applies if a City has not implemented the required provisions of the TPR by a certain date. Because the City of Woodburn has not done so, the applicant must demonstrate that these provisions of the TPR will be implemented through this application. The applicant agrees that the applicable provisions of this section of the TPR are relevant to this application. However, because this is a zoning map amendment and not a site review application, the applicant requests that the City condition the application to comply with this section of the TPR at the time of site review approval.. Portlndl-2081314.1 0033146-00010 4 //JC'. , 3. Oregon Highway Plan, Action IF.6.. Oregon Highway Plan Action IF.6 applies to an amendment to an acknowledged land use regulation subject to OAR 660-012-0060 if the volume to capacity ratio for an intersection is above the standard adopted by the commission. The OHP section further provides that if an amendment to an acknowledged land use regulation increases the volume to capacity ratio further, it will significantly affect the facility. In this case, the City can find that the volume to capacity ratio of nearby intersections is unaffected by this application because the property is already developed. D. Applicable Woodburn Zoning Ordinance ("WZO") Provisions. 1. WZO Section 16.080(b)(I) and (2). This section of the WZO requires that the applicant show there is a need for the use proposed and that the particular piece of property in question will best meet that need. a. WZO Section 16.080(b)(I). The City can find that there is a need for the use proposed. The use is already established. As noted above, this application implements the Commercial Plan map designation and zones the property subsequent to the City's annexation of the property. Because the use is already established, the identified need is that the properties developed within the City of Woodburn should be zoned consistent with the acknowledged Plan map designation. The City can hnd that this criterion is satisfied. b. WZO Section 16.080(b)(2). The City can find that this property will meet the identified need. As noted above, the property is already developed, the City has recently annexed this property and the property is designated Commercial on the City's Plan map. Because of these factors, the City can find that this property best meets the identified need which is to zone property within the City consistent with the City's acknowledged Comprehensive Plan. III. CONCLUSION For these reasons, the City can find that the application should be satisfied. 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From: To: Date: Subject: Randy Scott Naomi Zwerdling 8/15/01 8:13AM Wal-Mart Zone Change Naomi Public Works has no comment on this application Thanks RS Exhibit "e" PLEASE CONTACT THE FOLLOWING REPRESENTATIVE FOR ADDITIONAL INFORMATION: NAOMI ZWERDLlNG, WOODBURN COMMUNITY DEVELOPMENT DEPARTMENT, 270 MONTGOMERY STREET, WOODBURN, OREGON 97071, (503) 982-5246. ,,00 .................. ~. .. ,~~I:>~....................., ......---..................~.~..... ~;O\J"v~~' . ,.: 800 ~<c-~ ..................... ..;..... ,.... ~ 600 A' .' "103 03'~ 03....0 ./ ~~~~a 200 ,j,,-i Jt-,. .' ~. $~ - :..~. .~ ~ t .,'. .' . . J1 '\ ~s ::j > , ./ , ;0 'If / tJ (!... WOODBURN PLANNING COMMISSION August 23, 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 Young Cox Fletcher Miller Lima Mill Bandelow Lonergan p P P P P A P A Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Scott Clark, Assistant Planner Chairperson Young provided an opening statement for Public Hearing. MINUTES A. Minutes of AUQust 9. 2001 PlanninQ Commission MeetinQ Commissioner Bandelow moved to accept the minutes as presented. Vice Chairperson Cox seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE Don Bear. 375 Columbia Drive. Woodburn. OR thanked the Planning Commission for upholding the conditions of approval requiring the block wall in the Montebello Subdivision. COMMUNICATIONS A. City Council MeetinQ of July 23. 2001 PUBLIC HEARING A. Subdivision 01-01 and Variance 01-06. request to subdivide a 1.91 acres site into 5 residential lots located t 1810 and 1820 E. Hardcastle Avenue. Quality Plus Interiors, Georae Wilhelm. applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the Variances, the Subdivision application and the recommended conditions of approval. Commissioner Bandelow inquired whether the property directly south of the proposed project is outside the City limits but inside the Urban Growth Boundary? Staff answered affirmatively. Vice Chairperson Cox requested clarification regarding the distance from the edge of the easement to the line that abuts the driveway of the existing house? Staff replied the distance is under 44 feet including the easement and the portion of the track of land. He reported the private driveway pavement is proposed to be 24 feet wide. Planning Commission Meeting - August 23, 2001 Page 1 of 6 Exhibit "C" /IJc. Chairperson Youna asked what the criteria is for low density residential as far as units per acre? Staff answered it is roughly six units per acre as noted in the Comprehensive Plan. He stated all the tax lots are Single Family Residential. Commissioner Lima questioned who will maintain the lane? Staff responded one of the conditions is that they enter into a maintenance agreement for the private drive and that it be required to be maintained and kept clear of obstruction. The "No Parking" signs would be erected along the private lane. Commissioner Lima also inquired whether the City or the owners enforce the No Parking? Staff explained one of the conditions requires that they create a Homeowner's Association to enforce that. He commented the City could enforce it, if need be, because it is a condition of approval. Ex Parte Contacts Chairperson Youna, Vice Chairperson Cox and Commissioner Lima indicated they drove by the site. Testimony by Applicant Georae Wilhelm. Wilhelm Enaineerina. PO Box 561, Woodburn. OR stated he is representing the applicant, Lazar Kalugin. He commented this is an infill project where the geometry is the primary reason for the Variances. Mr. Wilhelm further remarked they believe this is the most practical way to utilize this residentially zoned property. He indicated Staff has provided a good review of the criteria and agrees with Staff that this application meets all of the requirements for approval of both the Subdivision and the Variance applications. Vice Chairperson Cox asked Mr. Wilhelm if Mr. Kalugin owns the existing new house on the property. GeorQe Wilhelm replied Mr. Kalugin owns the property but there is an offer on the property and he intends to sell it. Commissioner Lima requested clarification regarding the possibility of the private lane continuing south and connect to the east at a later date. He also questioned whether the applicant has no plans on building on the two lots at this point? Georae Wilhelm clarified the private road may continue to the south and then it would go to the east before reaching the southerly boundary. It was indicated by Mr. Wilhelm that the Fire Department wants a restriction to only build on the north end of those two lots. He stated his client would agree with that because that would allow for further development of the southerly two lots later on. Testimonv bv Proponents None Testimony by Opponents Henry C. Jaeaer. 1830 E. Hardcastle. Woodburn. OR remarked his property is east of the proposed project. He expressed concerns about the amount of parked cars at the four homes located on the east side of his property. Mr. Jaeger commented since those homes were built he has had two pickups, a car and a boat broken into. Additionally, he has had radios and about $600 worth of tapes stolen out of his vehicles. He indicated none of this started happening until those homes were built. Mr. Jaeger questioned who would limit the amount of vehicles that can be parked on the property so that you do not have more than one family living in the house? He also expressed concerns regarding the "No Parking" signs and inquired who would enforce that? In closing, Mr. Jaeger asked where will the utilities and sewer lines be located? Chairperson Youna asked Mr. Jaeger if his property is also long? Planning Commission Meeting - August 23. 2001 Page 2 of 6 ,/lJ ~ Henry Jaeaer answered affirmatively. Vice Chairperson Cox questioned if Mr. Jaeger's home is located on the Hardcastle end of his track? He also inquired whether he has any long term plans about developing the back portion of his property or selling it for development? Henry Jaeaer responded his home is located on the Hardcastle end. He stated he has a storage building behind the home. Mr. Jaeger commented if he was approached right he would probably entertain the idea of selling the property. Rob Van Cleave, 1810 Hardcastle. Woodburn, OR remarked these lots are directly behind his home and it is his driveway that is being talked about for the access. He commented according to the easement standard, the applicant has the right to use his driveway to access the property in the back. However, if they make it into a road, it makes it theirs and he can not use it. He also indicated he was approached by the applicant for a utility easement and he turned them down. Mr. Van Cleave questioned how are they going to run those utilities? Additionally, he remarked the main door that he uses will be right along the edge of the driveway and he will be stepping right out onto a road if the applicant puts in a road. Vice Chairperson Cox asked Mr. Van Cleave if his driveway comes out in the area that is part of the easement? Rob Van Cleave answered the driveway is an easement. He stated the easement was created before he owned the property because the previous property owner sold the easement. Commissioner Bandelow inquired how the easement is worded as to whether or not it was granted to allow them access to their property or was it granted to allow the access to the rear property? Staff interjected they got the deeds on the two properties affected by this subdivision when the applications were received and they included the easement language for that easement. He indicated they consulted with legal staff to make sure what it allowed access to. According to their read of the easement, it allowed access to the rear and to the south of the property for the proposed subdivision request. Commissioner Bandelow questioned Staff if Mr. Van Cleave's property met the setbacks if that easement becomes part of a paved road? Staff replied affirmatively. Applicant Rebuttal GeorQe Wilhem remarked he has no response to most of Mr. Jaeger's comments. However, as far as the utilities, they will be in the private driveway. He reported the easement was created by Partition Plat 95-42 and stated a copy of such was included in the Staff Report. Mr. Wilhelm said they did not enter onto Mr. Van Cleave's property when they did the survey work. He stated he does not know exactly where his house is in relation to the indicated property lines. Chairperson YounQ requested clarification as to where the asphalt lies in relationship to Mr. Van Cleave's property. Georae Wilhem referred to the blueprint and clarified there is a 24 foot easement that goes to the west. There is a new pin which is an open circle 20 feet westerly from that enclosed circle. Mr. Wilhelm further stated the pavement would be east of that pin. Therefore, it would not go the full 24 foot width of the easement. He said it would probably be 8 feet easterly from the maximum width af that easement. Vice Chairperson Cox commented Mr. Van Cleave's driveway is actually further west than the curb that is going to be installed as part of this road and therefore, we will not be encroaching any further or closer to his Planning Commission Meeting - August 23, 2001 Page 3 of 6 ItJ home? GeorQe Wilhem replied affirmatively. Commissioner Miller questioned what type of material is Mr. Van Cleave's existing driveway? GeorQe Wilhem responded he believed a portion of the driveway is asphalt and concrete towards the back. Rob Van Cleave interjected the area off to one side is pavement but the main driveway portion is almost all gravel until you get to where the house is, then it is cement. Commissioner Miller commented in essence, the applicant would be upgrading Mr. Van Cleave's driveway and providing a better ingress/egress. GeorQe Wilhem stated Mr. Van Cleave would certainly have access to this private drive and he would have a curb'cut wherever he would like. Discussion Chairperson YounQ closed the public hearing and opened discussion to the Planning Commission. Commissioner Bandelow expressed concerns regarding what this project will do to the Van Cleave property. She commented most of the time easements were not given anticipating that there is going to be a roadway across your property. She also voiced concerns regarding the manner the development is going to be done in the rear. Commissioner Bandelow agreed in that Centennial will probably eventually continue through but she would like to see something, if this project goes forward, to ensure that this will happen. She stated she does not see anything in the Staff recommendations that would ensure that the access be preserved to tie into the other streets because we do not want to create enclaves. Commissioner Bandelow suggested a condition be placed to reflect this. Vice Chairperson Cox shared Commissioner Bandelow's concerns. He remarked by doing this project this way we are only accomplishing in-filling on approximately the front 40 percent of that property and we are basically locking the back 50 percent off and making it either impossible to develop or going to require even further Variances down the line. Vice Chairperson Cox further added this is bad planning to encourage or allow it. He stated it is known that streets can be built on less than 50 feet because it was done by Public Works on Vanderbeck Road. -Additionally, if this remains a private driveway, it is not only a matter of the maintenance of the pavement but the enforcement of the parking. He indicated the enforcement is very limited. Vice Chairperson Cox stated he will vote No on all of these Variances. Commissioner Miller expressed concerns about parking and referred to Mr. Jaeger's comment regarding the apparent growth of a family and the number of cars. He pointed out that they are going to end up parking on the easement which will make it difficult for all commercial vehicles that need to go in there. Commissioner Miller also remarked private property will be difficult to enforce. Chairperson YounQ addressed the service vehicles issue and reported they are not required to go on private streets. Commissioner Fletcher stated Vice Chairperson Cox made a persuasive argument and therefore, he will vote No on this project. Commissioner Lima expressed concerns with the extension of the private lane 50 feet or more and trying to cut off the existing property. He stated he does not think there should be a private lane to connect Hardcastle and Centennial and it should be a City street. Additionally, he expressed deep concerns regarding parking enforcement in an area that is already difficult to enforce and the infringement to the property owners that are in that area. Commissioner Lima further stated he understood that there is no plan to develop Lot #3 and Lot Planning Commission Meeting - August 23. 2001 Page 4 of 6 /bt #4 at this pOint and as it was pointed out by Vice Chairperson Cox, this is bound to come back in the future for more Variances. In closing, Commissioner Lima said he is against this project. Chairperson Youna remarked he has concerns with the access to Mr. Van Cleave's property. He stated it does not appear to be enough room for Mr. Van Cleave to park next to his home and be clear of the private road that goes back to the rest of the development. Additionally, he pointed out the lots that are planned for the development are around 6,000 square feet. He indicated Lot 3 and Lot 4 would accommodate four of those lots each which would be a total of eight more. Chairperson Young remarked that would make it high density zoning as opposed to low density that is currently zoned for. He commented in order for Centennial Drive to connect you would have to go across Mr. Jaeger's property but the property that he was addressing as well. Lastly, he expressed concerns regarding the parking situation. Commissioner Miller questioned whether it would be easier to make this into a public street? Chairperson Younq interjected the standards would be for a public street rather than a private drive. Vice Chairperson Cox moved to deny Subdivision 01-01 and Variance 01-06 approval and requested that Staff return with facts and findings to support the Commission's decision based on the comments made tonight. Commissioner Lima seconded the motion. Motion unanimously carried. B. Zone Chanae 01-04. zone chanae from Marion County UTF (Urban Transition Farm) to C.ity of Woodburn CG (Commercial General). 3002 Stacy Allison Way. Wal-Mart. applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the Zone Change request based on the information in the report. Commissioner Miller asked if this property was missed when everything was annexed into the City? Staff explained the zone change was not determined at the time the City annexed all of the islands into the City limits. Commissioner Fletcher asked what is the relationship between the applicant and the owner? Staff replied the applicant is the legal counsel for the property owner. Ex Parte Contacts Chairperson Younq commented we are all familiar with the site. He stated this is the area with the most explosive growth in the City right now. Testimony by the Applicant Mike Robinson. 900 SW 5th, Suite 2600, Portland. OR 97204 agreed with the Staff Report. However, he pointed out that he typically makes the property owner the applicant because it looks odd to have the attorney as the applicant. Mr. Robinson further stated he is representing Wal-Mart in this matter. He reported for whatever reason, this area was overlooked when all of the property was originally annexed and developed as Wal-Mart. He credited Planning Staff for discovering that omission and brought it to his attention. Mr. Robinson added this application is entirely consistent with Section 4.10 of Woodburn Zoning Ordinance. Chairperson Younq stated for the record that this property is 34.05 feet wide and 1,329.76 feet long. Testimony by Proponents Scott Franklin, Pacific Land Desiqn. 10121 SE Sunnyside Rd. Suite 215. Clackamas. OR 97015 reiterated Mr. Robinson's statement and stated he is acting as a representative for Wal-Mart stores. Vice Chairperson Cox questioned Mr. Franklin whether his firm is working on the plans for the expansion of the Wal-Mart site? Planning Commission Meeting - August 23, 2001 Page 5 of 6 If) Scott Franklin replied affirmatively. Testimony by Opponents None Discussion Chairperson Younq closed the public hearing and opened the discussion to the Planning Commission. Vice Chairperson Cox commented the request meets all of the requirements and it is more or less a housekeeping Zone Change. He stated he favors the application. Commissioner Bandelow agreed with Vice Chairperson Cox. Commissioner Fletcher concurred with his fellow Commissioners. Commissioner Lima moved to approve Zone Change 01-04 and requested Staff return with facts and findings. Commissioner Bandelow seconded the motion, which unanimously carried. FINAL ORDER None DISCUSSION ITEMS None REPORTS A. Planning Proiect Trackinq Sheet (revised 8-13-01) B. Building Activitv for July 2001 BUSINESS FROM THE COMMISSION ADJOURNMENT Vice Chairperson Cox moved to adjourn the meeting. Commissioner Lima seconded the motion which carried unanimously. Meeting adjourn~d at 8:16 p.m. APPROVED "" '1 !t3(o/ DAT 9-/3-ol. Date Planning Commission Meeting - August 23, 200] Page 6 of 6 / / /() .. PROJECT REFERRAL Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 (503) 982-524 DATE: August 8, 2001 TO: _ Project Applicant Marion County L Woodburn Fire District (Robert Benck) Woodburn School District D.S.L. D.L.C.D. _ Engineering Department (Randy Scott) _ ODOT (Dan Fricke/Don Jordan) _ Parks Department _ Woodburn Police Department Street Division Water Division Wastewater Division _ Building Department _ Transit (Randy Rohman) PROJECT: ZC 01-04; proposal by WalMart Real Estate Business Trust to change the zoning on a .9 acre strip of land situated on the southern portion of Tax Lot #1200 located at 3002 Stacy Allison Way (Township 5 South, Range 2 West, Section 12C, Tax Lot 1200) from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" Commercial General Distric A facilities meeting will not be held for this zone change application. Please provide me with written comments by Monday, August 13, 2001. The public hearing for the zone change request is August 23, 2001. The site plan review application is not being processed concurrently with this zone chang request. The applicant has requested that the zone change application be processed prior to site plan review. Please contact Naomi Zwerdling at (503) 980-2402 if you have any questions. Thank you for your assistance. ~ Comments: \ yQ. Dl~f\~ + Exhibit "0" . JUL-l0-01 14:47 FROM- ..cc. C I - 0'1 T-463 P.Ol/l0 F-456 ~u.:J:lIQ"':..J~""" '-.. ,l '-'l"" ...............Q.Jt<.I... I"..\l\c:. "'.;I /tJG .. PEmlO'N FORZON~~ GJ:iANG~~.A.~.j ft'/tP ~~t5'C t;()f1.'l*'<Jtir:nvl:7 rJ If' r- "'- DIRECT QUESTIONS TO: -.&& MICHAEL C. ROBINSON (NAME) (ADDRESS) 503-294--9194 . (raEPHONE 900 SW 5th Av~nue, Su1~e 2600 (STATE) 97204-1268 (ZIP CODE) PQr~land ( CrTY) REQUEST: OR To change 0.9 AC of (present ~e/present compo_plan) UTF To (desired %One/desired comp. plan)GC as such zones afe defined by the City' gf Woodbum Zoning Ordinance. ' 'OWNERS: WAL-MART REAl. ESTATE BUSINESS TRUST NAME (pLEASE PRINT OR lYPE) ADDRESS & ZIP CODe 2001 SE Tenth S~reer Ben~onville, AR 72712-8703 LOCATION AND SI2E. OF 1J1E PROPERTY: or if not addressed. then state cf&Stance to the nearest ilde~Ag street or know landmark. 3002 S~acy Allison Way - .*****~"..*************.4~~~..e."L'*.*'~.A.~.~.~~~~..~~~1L~.~~L~LL~AL~'~ APPUCAll0N CHECKUST OFFICE use ONLY 1'~ Statement at Intent (Exli A) 2. Plot Plan (Exb. B) 3. Legal Description of the Property 4. Ust of AU Property Owners within . 250 Feet of the Property 5. Assessors Map Fee ~r Zc. ::: 4 tl4aCf " YES NO * REC'D * JUL 2 0 2001 WOODBURN COMMUNITV DEVELOPMENT uEPT. Exhibit "E" flA October 8, 2001 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator Ward Boundaries Recommendation: It is recommended the City Council select a preferred reapportionment alternative, and direct staff to prepare an ordinance relating to reapportionment of ward boundaries. Background: On September 17,2001, the City Council conducted a workshop to consider alternatives for reapportioning ward boundaries. Four alternatives were presented for consideration. Those alternatives were prepared by the Mid- Willamette Valley Council of Governments (COGrfeIltdon the following reapportionment criteria conveyed to them by the City Council: . 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 (e). be connected by transportation links; . No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person", ". . l\JO OlstnCt snaH oe Uldwn ror tne purpose or alluting me vvung strengUL Vi any language or ethnic minority. These are the same criteria used by the State of Oregon. The Council also asked that each incumbent's residence be retained within the same ward number. Also provided to the COG was information submitted by the Oregon Latino Voter Registration Education Project, resident Preston Tack, and the Senior Estates Community Relations Committee, and a map showing the bounds of the Senior Estates Golf and Country Club. The COG developed reapportionment alternatives that took into account, to the extent possible, the respective concerns of these groups. Honorable Mayor and City Council October 8, 2001 Page 2. lA The City Council discussed the various alternatives presented by the COG, at it's September 17,2001 workshop, and accepted citizen input from members of the Senior Estates, and the Oregon Latino Voter Registration Education Project. At the conclusion of the workshop, the Council expressed consensus to reject Alternatives 1 and 2, and requested that a fifth alternative be developed. In requesting the fifth alternative, the Council sought to include among the alternatives for consideration one which may provide stronger representation of the Senior Estates community and anticipates the effect of future growth on the populations within each ward. The Council requested staff to return to the October 8, 2001 meeting with Alternatives 3, 4, and 5 for the Council's consideration of a preferred alternative. Discussion: Maps reflecting Alternatives 3 and 4 have previously been provided to the City Council. Attached is Alternative 5, which may provide stronger representation of the Senior Estates community in ward 4, within the context of planning for future growth. Also provided are tables, including a table for Alternative 5, showing the population for each ward under each alternative, and display the percentage of deviation from a target population of 3350 for each ward and the percentage of Latino residents in each ward. As with the previous alternatives, Alternative 5 was developed consistent with all the Council's criteria. These alternatives are presented for your consideration and selection of a preferred alternative. Upon your selection of a preferred alternative, staff will prepare an ordinance relating to reapportionment of ward boundaries for consideration at your October 22, 2001 meeting. Financial Impact: As indicated previously a not-to-exceed contract of $4,750 was executed with the COG for these services, including the preparation of Alternative 5. JCB Woodburn Council Wards Current Wards Ward Population % Dav.* % Hispanic 1 3,155 -5.8% 21.8% 2 3,070 -8.4% 57.5% 3 3,875 15.7% 54.4% 4 4,322 29.0% 65.8% 5 2,962 -11.6% 25.8% 6 2,716 -18.9% 69.9% Deviation from target population of 3,350. Woodburn Council Wards Alternative 1 Ward Population % Dav.* % Hispanic 1 3,240 -3.3% 20.1% 2 3,385 1.0% 59.0% 3 3,314 -1.1% 50.7% 4 3,378 0.8% 69.0% 5 3,506 4.7% 32.5% 6 3,277 -2.2% 69.2% Deviation from target population of 3,350. Woodburn Council Wards Alternative 2 Ward Population % Dav.* % Hispanic 1 3,407 1.7% 27.4% 2 3,289 -1.8% 62.3% 3 3,262 -2.6% 51.6% 4 3,270 -2.4% 23.0% 5 3,441 2.7% 55.9% 6 3,431 2.4% 79.3% . Deviation from target population of 3,350. Woodburn Council Wards Alternative 3 Ward Population % Dav.* % Hispanic 1 3,407 1.7% 27.4% 2 3,289 -1.8% 62.3% 3 3,494 4.3% 66.9% 4 3,270 -2.4% 23.0% 5 3,324 -0.8% 55.5% 6 3,316 -1.0% 64.8% Deviation from target population of 3,350. lA Woodburn Council Wards Alternative 4 Ward Population % Dav.* % Hisp mic 1 3,293 -1.7% 4.1% 2 3,367 0.5% )9.9% 3 3,314 -1.1% 7.4% 4 3,384 1.0% 6.4% 5 3,300 -1.5% 8.3% 6 3,442 2.7% 4.0% Deviation from target population of 3,350. Woodburn Council Wards Alternative 5 Ward Population % Dav.* % Hisp mic 1 3,407 1.7% )7.4% 2 3,367 0.5% 9.9% 3 3,314 -1.1% 7.4% 4 3,270 -2.4% 3.0% 5 3,300 -1.5% )8.3% 6 3,442 2.7% )4.0% . Deviation from target population of 3,350. I } Ii lIE' October 8, 2001 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Rescheduline: City Council Meetine: Recommendation: It is recommended the City Council reschedule the November 12,2001 City Council meeting to Tuesday, November 13,2001 at the same time and location. Discussion: In anticipation of members of the Council and City staff traveling out of town on Monday, November 12th for the Veteran's Day Holiday, it is recommended that the Council reschedule the Council meeting to Tuesday, November 13th at the same time and location. IIC MEMO TO THROUGH FROM DATE SUBJECT Mayor and Council John C. Brown, City Administrator Mary Tennant, City Recorder ;~ October 4, 2001 Membership in City County Insurance Services Trust RECOMMENDATION: Adopt the accompanying Council Bill authorizing membership in the City County Insurance Services Trust. BACKGROUND: The City has been a participant in the City County Insurance Services Trust since 1983 and periodically, the Trust updates the CIS Agreement and Declaration of Administrative Trust, by-laws and rules, with the most recent update adopted on October 1, 2000. For fiscal year 2001-02, the City has obtained liability, auto physical damage, and workers compensation coverage through the CIS insurance pool. As a participant of the pool, we are required to adopt a resolution acknowledging that a contractual relationship exists between the City and the CIS Trust. JIC COUNCIL BILL NO. 2349 RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH CITY COUNTY INSURANCE SERVICES TRUST FOR MEMBERSHIP IN THE RISK SHARING POOL. WHEREAS, City County Insurance Services Trust (CIS) is a trust established by the League of Oregon Cities (LOC) and Association of Oregon Counties (AOC) to administer pooled retention funds to protect members against the financial consequence of property, casualty, and workers compensation losses pursuant to coverage agreements; and WHEREAS, CIS provides its Members a broad array of risk management services, including risk financing, loss prevention and loss control programs, claims management and legal representation, risk management consulting, data gathering, information sharing, training and related services; and WHEREAS, the City of Woodburn finds that membership in CIS is a benefit in managing the risks involved in providing services to its citizens; and WHEREAS, the City of Woodburn has been provided with copies of the CIS Trust Agreement, By-laws and Rules which have been recently updated and revised; and WHEREAS, the CIS Bylaws, at Articles 2.2.2 and 3.3 provide that Articles 2 and 3 of the bylaws shall constitute a contract between the Member and CIS, and that the Member shall adopt a resolution acknowledging that contractual relationship; now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn does hereby acknowledge and agree that it has receIved copies of the CIS Agreement and Declaration of Administrative Trust, By-laws, and Rules and accepts the terms and conditions therein with respect to any CIS coverage programs in which it elects to participate and for which it is accepted as a Member by CIS. A copy of said contract is attached hereto and by this reference incorporated herein as Exhibit A. Approved as to Form:/l. rrvo- ~ City Attorney IO-'t-Zf)Ol Date APPROVED RICHARD JENNINGS, MAYOR Page 1 - Council Bill No. Resolution No. llC EXHIBIT A Due to the length of Exhibit A, it has not been included with the Council packet. Exhibit A is attached to the original resolution and will be available for review at the Council meeting or at the office of the City Recorder. ID MEMO TO THROUGH FROM DATE SUBJECT Mayor and Council John C. Brown, City Administrator Mary Tennant, City Recorder ,~ October 4, 2001 Workers' Compensation Coverage for Volunteers RECOMMENDATION: Adopt the accompanying Council Bill extending Workers Compensation Coverage to certain classes of volunteers. BACKGROUND: Annually, City County Insurance Services requires an update on volunteer coverage to be adopted by Council Resolution. Over the years, the City has utilized volunteers in the area of clerical, library, and fireworks display. These categories of volunteers have been carried forward into fiscal year 2001-02 with the addition of volunteer coverage in the area of parks maintenance, landscaping, and aquatics instructors. Adoption of this bill will also allow the City to add volunteer coverage in other classification codes during the fiscal year provided that advance notice is given to CIS of the coverage need. Financial Impact: The current fiscal year budget includes the estimated cost for insurance coverage within each department based on hours of serviced provided by volunteers. Exhibit A of this Council Bill projects estimated assumed payroll for each category of volunteers and, based on these values, the estimated total cost for the year is $350.00. ID COUNCIL BILL NO. 2350 RESOLUTION NO. A RESOLUTION EXTENDING WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY OF WOODBURN. WHEREAS, the City wishes to protect its volunteer workers from injuries arising out of or in the scope of their service to the City, now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 656.031, workers' compensation coverage will be provided to the classes of volunteer workers listed on the attached Volunteer Election Form (Exhibit A), by reference incorporated herein. Section 2. Non-public safety volunteers will keep track of their hours and have their assumed payroll reported in the correct class code for the type of work being performed using Oregon minimum wage. Section 3. A roster of active volunteers will be kept monthly for reporting purposes. It is acknowledged that City County Insurance Services may request copies of these rosters during year-end audit. Section 4. Unanticipated volunteer projects or exposure not addressed herein will be added onto the City of Woodburn's coverage agreement (1) by endorsement, (2) with advance notice to CIS, and (3) allowing two weeks for processing. It is hereby acknowledged that coverage of this type cannot be backdated. Approved as to form: cy;. '}v'q-- ()1~U l 0 - It ~ rOO { 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 Mayor ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. a...ttJtt (--," Page of Other Volunteers--Assumed wage must be at least $6.50Ihour or $800/month minimum. ,;z... J ID Unpaid boards, commissions, councils, and public officials: If these officials receive any "remuneration," t ey would be considered subject workers and reported using regular payroll categories. If they receive no remuneraf on and you wish to provide workers' compensation benefits, you will need to either establish an assumed monthly w ge or keep monthly time records and estimate/report assumed payroll using Oregon minimum wage. CIS las designated Class Code 8742V for this type of exposure. Please call if you have questions or need advice. Inmates/Community Service Workers: If your entity uses workers from the correctional system (i.e., commUl ity service workers, inmates on work release, peer review crews, etc.), it is important to address and clarify in wri inp- PRIOR to work inception which entity will be responsible for covering this exposure. CIS recommends you ob am a Certificate of Coverage for Workers' Compensation from the sentencing court or make arrangements to pro\ ide coverage through your own entity. If the second option is chosen, keep monthly time records and report ttese workers using Oregon minimum wage. CIS has designated Class Code 7720V for this type of exposure. Miscellaneous: Assumed payroll for all other volunteer elections should be computed at Oregon minimum wage using actual hours worked and reported in the appropriate NCCI classification code with a "V" added to the ( nd. Unanticipated volunteer projects or exposure can be added on throughout the coverage year (1) by endorsem nt, (2) with advance notice to CIS, and (3) allowing two weeks for processing. Coverage of this type canno be backdated. City/County Insurance Services Volunteer Election Form for Coverage Year 7/1/2001 to 6/30/2002 Multiply (1) x (2) x (3) x (4) = Estimated Assumed Payroll Volunteer Category NCCI (1) (2) (3) (4) (5) Code Est. No. of No. of No. of Oregon 2001-0 Volunteers Hours Months Minimum Estimate d per month per month per year Wage Assume d ($6.50) Payrol 8742V 9015V 8810V 10 6 6.50 390 00 9102V 7720V Boards, Commissions, .;1." P ,_':_ nC~",,;.nl- .~&~~" ~, _.-- --- ~ -- <", Building Maintenance Clerical Community Center Court-Mandated Community Service Workers Community Project (please call CIS for proper class code) Community Sponsored Events (please call CIS for proper class code) Emergency Telecommunicators 8810V Fireworks 9410V 16 1 6.50 10 .00 EXHIBIT A City/County Insurance Services/ page ~ OT ,I , Volunteer Election Form for Coverage Year 7/112001 to 6/30/2002 Multiply (1) x (2) x (3) x (4) = Estimated Assumed Payroll lID Volunteer Category NCCI (1) (2) (3) (4) (5) Code Est. No. of No. of No. of Oregon 2001-0 Volunteers Hours Months Minimum Estimah d per month per month per year Wage Assume d Payrol GarbageIRefuse 9403V Hospital (please call CIS For proper class code) Inmates on Work Release 7720V Interpreters 8810V Janitorial 9015V Landscaping 0042V 80 6 6.50 3,120 00 Library 8810V 30 12 6.50 2,340 00 Lifeguards (pools) 9015V Lifeguards (beaches & rivers) 9102V Mealsite Volunteers 9079V Parks & Drivers 9102V 120 6 6.50 4.680 00 Planting 0042V Public Health (please call CiS for proper class code) Replacement Workers (please call CIS for proper class code) RV Park 9015V Senior Center 9061 V Sewer & Drivers 7580V Sewer/Street Cleaning 9402V Snow Removal 9402V StreetIRoad Maintenance 5506V Victim Assistance 8810V WatelWorks & Drivers 7520V -" V..oI.-" 1 E MEMO To: From: Subject: Date: F or Council Action, through the City Administrator Randy Scott, Senior Engineering Technician, through the Public Works Directort2~. Petition to vacate public easements September 28,2001 RECOMMENDATION: It is being recommend the City Council approve the attached resolution setting a public hearing date for the first meeting in November 13, 2001, 7:00 PM for the vacation oftwo utility easements and a portion of a sanitary sewer easement BACKGROUND: A petition on behalf ofWal Mart Real Estate Business Trust has been filed with the city recorder requesting that two utility easements and a portion of a sanitary sewer easement be vacated. Wal Mart is preparing to expand the existing facility located at 3002 Stacey Allison Way. The expansion as proposed would encroach into the existing easement locations. The petitioner will be required and is planning to relocate city utilities that exist in the proposed easements to be vacated. The relocation of city utilities will be in accordance with city approved plans and proper easements being conveyed. Staffhas reviewed the petition and finds it is complete and substantially conforms with the requirements ofORS 270.080. petition; consent of property owners. V ACA TION PROCESS: 1. ';. " ,,', ",' ~ ,.--,~-(" .-.,,........ 1r\0,-1 "r-~..,.._" :__._;>. _' D-"1 !...",r,~'''_,--.,"tl~;,-., ~"'r.l:~.~-_.- ,...,..Q.0..... .1.11 (.l.\,.I'\JV1.UQ,11'-'\,.. V\"u,H. V.L\..J..' 1. .1.VV, L......"", ..........4."') '-...IV v"'...~....i&.J..b ~V~) .......-) __...l) '-......t.: t",...,...~...~.,.~ '--'.._....A notice to the petitioners of such proposed action, but if there appears to be no reason why the petition should not be allowed in whole or in part, the Governing Body shall fix a time for a formal hearing upon the petition. 2. Notice of public hearing shall be posted and published in conformance with ORS 271.110. 3. The public hearing is held on the specified date and time. 4. A fee of $560.00 shall be charged according to the new fee schedule approved by the Council. lIE COUNCIL BILL NO. 2351 RESOLUTION NO. A RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR VACATION OF A PORTION OF AN EXISTING SANITARY SEWER EASEMENT AND TWO UTILITY EASEMENTS AND DIRECfING THE CITY RECORDER TO GIVE PUBLIC NOTICE. WHEREASt a petition has been filed with the city recorder on behalf ofWal-Mart Real Estate Business Trust requesting the City Council to vacate a certain portion of an existing sanitary sewer easement and two public utility easements; and WHEREASt the petition complies with the requirements ofORS 271.080 vacation in incorporated cities, petition, consent of property owners; and WHEREAS, City staffhas recommended that Council establish a time and place for a public hearing to start the vacation process, NOW, THEREFORE THE OTY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The portion of the sanitary sewer easement proposed to be vacated is legally described as follows: A portion ofa Sanitary Sewer Easement as recorded in Deed Document Reel 876, Page 168, Marion County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2 West:, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more particularly described as follows: Beginning at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for the Southeast comer of Parcell as recorded in Partition Plat No. 92-17, Marion County Deed Records, Salem, Oregon, Thence along the south boundary line of said Parcell, North 88052' 10" West a distance of99l.l5 feet to a point, said point is 93.20 feet from the west line of said Parcell; Thence North 01001' 50" East a distance of27.96 feet; Thence South 88052' 10" East a distance of 991. 15 feet; Thence South (J 1 G or 50" West a distance of 27.96 feet to the point of beginning. Containing an area of 27,713 square feet, more or less Basis of Bearing is Partition Plat No. 92-17 A diagram of said tract is attached to this Resolution as Exhibit" A" and is incorporated herein. Section 2. The sixty foot wide utility easement proposed to be vacated is legally described as follows: A sixty (60.00') feet wide Utility easement as recorded in Deed Document Reel 907, Page 003, Marion County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2 West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being Page 1 - Council Bill No. Resolution No. IE more particularly described as follows: Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for the Southeast comer of Parcel 1 as recorded in Partition Plat No. 92-17, Marion County Deed Records, Salem, Oregon, Thence along the east boundary line of said Parcell, North 010 07' 50" East a distance of27.96 feet to the TRUE POINT OF BEGINNNING: Thence North 880 52'10" West a distance of 452.46 feet; Thence North 110 07' 25" East a distance of 60.92 feet; Thence South 880 52' 10" East a distance of 441.89 feet to a point in the east line of said Parcell; Thence along said line, South 010 07' 50" West a distance of 60.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 26,829 square feet, more or less. Basis of Bearing is Partition Plat No. 92-17 A diagram of said easement is attached to this Resolution as Exhibit "B" and incorporated herein. Section 3. The twenty five foot wide utility easement proposed to be vacated is legally described as follows: A twenty five (25.00') feet wide Utility easement as recorded in Partition Plat No. 92-17, Marion County Deed Records, situated in the Southwest quarter of Section 12, Township 5 South, Range 2 West, Willamette Meridian, City of Woodburn, County of Marion, State of Oregon, being more particularly described as follows: Commencing at a two inch iron pipe with a two inch aluminum cap inscribed "Barker PLS 636" for the Southeast comer of Parcell as recorded in Partition Plat No. 92-17, Marion County Deed Records, Salem, Oregon, Thence North 850 19' 59" West a distance of 453.32 feet to the TRUE POINT OF BEGINNING; Thence North 880 52' 10" West a distance of 26.06 feet; Thence North 01007' 50" East a distance of 25.00 feet; Thence South 880 52' 10" East a distance of 30.46 feet; Thence South 11007' 25" West a distance of25.39 feet to the TRUE POINT OF BEGINNING. Containing an area of 706 square feet, more or less. Basis of Bearing is partition Plat No. 92-17 A diagram ot said easement is attached to UUs R.esolution as hx11lbll "C. ano mcorporateO herem. Section 4. That the first meeting in November is set as the public hearing date. The expected time and place for the public hearing is 7:00 P.M. on November 13,2001 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, on whether the above described real property shall be vacated. Section 5. That the City Recorder is directed to give notice of the public hearing as provided by law. Approved as to forrnrn.<rfr ~ City Attorney /0- 4 - zool Date Page 2 - Council Bill No. Resolution No. J.N, 1545 7-10-01 EXHIBIT "A" lIE y ~~ SCALE: " - '20' ' TAX lOT 200 052W13 POINT Of' BEGINNING r\ .$'~~r t., n NO'"07'~0.E ~.$'~ ::~ 27.96 Is:.tr ::~ ::~ ~ ~ 1 ;: ~ :: :f ::: i :::i ~ ;::i cd ::; i g :::1 :: :1 .:. in :::1--: :::t~ :::1 :::1 :::1 SANITARY SEWER ;" :r: ~ EASEMENT ::: ::3 TO BE VACATED g :: ~: ~ .' , ::3 ' .HJ :::J ~ ;::1' ~ :::1 23 :::,' z :::/J'lo .,. :::I~ L:~J~ :::/~ :;:1. :;:1 :::1 ::~ ::~ ::~ ~; ~ :: ~ :=H Hlf SOl'07'50.W ::: 27,e6' PARCEl. 1 PARlIlION PLAT NO. 92-17 fir. STREET- ~ - :CI~ . il~ LAWSON LOCATED IN mE. S. W. 1/4 OF SECTION 12, T. 5 S., R. 2 W" W.M. CITY OF WOODBURN, MARtON COUNTY, OREGON CE&tIW~ ~BANGY~~ lIdCBOSWBGO. C S03.968.6655 ..,.. J.N. 1645 EXHIBIT "B" 11 N1t'07'~.E 60.112 r;:-:;.~. " .......:1 I:;;:"~;::: 60' UnUTY ':;::::::'1 ~E}(T (~::.::~, .TO BE VACATED . 1~(n(1 (AS PER R. 907. P. OOJ) ':::::::: :1 I::::::::a ,:.:.:-:-:l<n ~ ::::::::;J<<! ~,(::::::::3~ (:::::::: 3 't' E:::::::: J f::::::::J ~:::::::: J En~~~~~~1 .::.:.:.:'t I...: .:.:. t ......... ,.........1- ......... ~ _-,:::::::::,! I::: ~: ~: ~:I :::::::: :, zl:.:.:;:.: ,:::::::: :1 ,:::: :::::1 I:::.:': <, ,~~nnn~1 TAX LOT 200 052W13 lRUE POINT OF' BEGINNlNC LAWSON STREET -=wr- ~'m ~cn LOCATEDWlN.lHES.W. 1/4 . OFSECll0N 12,' T. 55., R. 2 W., W.M. CITY OF WOODBURN MARION COUNTY. OREGON 1. . ~ b.- I .. I 100 50 0 100 PARCEl. 1 ' PARTITION PLAT NO. 92-17 - -......... REGISTERED PROt:ESSIONAL. lAND SURVEYOR lE EXHIBIT "e" UllUlY EASEMENT TO BE VACATED I I , I I ,I EXlSllNG 'n' UllUTY , . EASEMENT I' (PER PAR11nON ,I PLAT NO. 92-17) , , I I , I :: N01'07'SO"E " 25.00' -' j )--, Z::~ :'-1. I : :~:. 588"S~IO"E I. 30.46' I , 511 '07'25"W I 25.39' I ~, OJ/io.. .tn i<) ~'o>f :J'~ 2:, . , I I I I I , I , I I PARca 1 PARTITION PLAT NO. g2-17 ~k 1 100 I 50 0 100 r---------- , r-------- I r ...J N88~2'1?-W , , 26.06 I , , , I f r , I I TAX lOT 200 " 052W13 I , , I NEW I , :r~ , I I I t I I , I I t I I I I , I I I I I I LAWSON SlREET - =;r' - , (f) . ~ REGISTERED ~I ~ PROf:"ESSIONAL' 1-1 ~ LAND SUR OR (f) F ~(/) .LN. 1545 IlF MEMO RE: MAYOR AND CITY COUNCIL N. ROBERT SHIELDS, CITY ATTORNEYflU. j AMENDMENT TO CIVIL INFRACTION ORDINANCE TO: FROM: DATE: OCTOBER 4,2001 RECOMMENDATION: It is recommended that the City Council pass the attached ordinance amending the Civil Infraction Ordinance so that all civil infractions which are unclassified by specific city ordinances constitute class I civil infractions and are punishable by a $500 assessment per offense. BACKGROUND: It has recently come to my attention that the penalty provisions contained in some city ordinances (i.e., the Sign Ordinance) contain only a general reference to the Civil Infraction Ordinance and do not specify a penalty amount. This makes these ordinances insufficient for Municipal Court enforcement purposes. The proposed amendment to the Civil Infraction Ordinance states that all "unclassified" civil infractions constitute class I infractions, subject to a $500 penalty assessment per offense. The P",;,S"'b-': vi.' .1.:" ~LH"'Ln':!H....m \\:1: 1."1HiO:,,, "'-':-:::':VH~: :.:~..:~:J:"'~: C')uJ.'~ cJ.~fc'~~H~":;ll~. NRSlkv IIF COUNCIL BILL NO. 2352 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1998 (THE CIVIL INFRACTION ORDINANCE) TO PROVIDE THAT AN UNCLASSIFIED CIVIL INFRACTION CONSTITUTES A CLASS I CIVIL INFRACTION AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 1998 (the Civil Infraction Ordinance) provides a legal mechanism to enforce city ordinances in Municipal Court; and WHEREAS, the Civil Infraction Ordinance contains a schedule of forfeiture assessments and five different classifications of civil infractions; and WHEREAS, certain city ordinances provide that enforcement be in accordance with the Civil Infraction Ordinance but do not specify the classification of the civil infraction or amount of the forfeiture assessment; NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 5 of Ordinance No. 1998 is hereby amended to add a new subsection "D" to read as follows: Where an ordinance of the City of Woodburn provides that an ordinance violation may be processed in accordance with the Civil Infraction Ordinance but does not classify the civil infraction, this unclassified civil infraction shall constitute a class I civil infraction under this ordinance. Section 2. Erner~ency Clause. This ordinance being necessary for the immediate preservation ofthe 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. ~~^~ If") /'1_ 7001 Approved as to form: - V' /. , V I" / v - t - N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. ORDINANCE NO. 11 . City of Woodburn Police Department STAFF REPORT Woodburn OR 97071 (503) 982-2345 270 Montgomery Street Date: From: To: Through: Subject: Applicants: Location: October 2, 200 I Paul Null, Chief OfPOli~ Mayor and City Council John Brown, City Administrator Liquor License Application - D&D Restaurant Terence E. and Janet L. Priser 639 Maple Street Lake Oswego, OR 97034 D&D Restaurant (Dip & Donuts Restaurant) 1615 Mt. Hood Ave. Woodburn, OR 97071 Ph. 503-982-4418 Licence Type: Limited On-Premise Sales - Allows for the sale of Malt Beverage, Wine, and Cider on premise. Recommendation: The Woodburn Citv Council approve a Limited On-Premise liquor license for D&D Restaurant. On September 18, 2001, the police department received an application for a liquor license from Mr. and Mrs Priser, owners of the D & D Restaurant. The department has completed an extensive background and criminal records investigation on the applicants. Mr. Priser was convicted ofDUII in 1985 in the state of Wyoming. Due to the fact the DUn conviction was over ten years ago, OLCC will not consider the DUll conviction in their licensing decision. Mrs. Priser has no criminal record and nothing of a questionable nature was found in her background. Mrs. Priser was contacted during the course of the investigation in regards to the operational plan for her establishment. The business hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Sunday. Mrs. Priser advised the restaurant format would stay the same. The restaurant plans on offering bottled beer or wine to be consumed with meals only. A police records check of the business revealed the police department has responded to this location sixteen (16) times since January 2000. Each call was related to thefts, suspicion persons, vandalism or other miscellaneous incidences The police department has received no 1 G communication from the general public or surrounding businesses in support of or against this establishment receiving a liquor license. cc OLCC Applicant 1 H . City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 To: October 3, 2001 ~ Paul Null, Chief OfPOlic~ Mayor and City Council Date: From: Through: John Brown, City Administrator Subject: Intergovernmental Agreement - Traffic Safety Grant Award Recommendation: The City Council approve receipt and allocation of grant awards for traffic enforcement, and approve the intergovernmental agreement between the Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police, and the Woodburn Police Department. Beginning in 1993, the Oregon Department of Transportation (ODOT), Transportation Safety Division, has supplemented local law enforcement agencies through overtime reimbursement for seatbelt enforcement and more recently DUll enforcement. The Oregon Association of Chiefs of Police now administers the grant for ODOT. ODOT realizes increased traffic enforcement reduces traffic accidents; and also understands local agencies limited funding to provide some police services. Through this understanding, ODOT has set aside special funding to reimburse local efforts for enforcement of traffic laws, particularly safety belt, speed, and DUll. Through grant funding, police officers will be able to enforce traffic laws without having to be called to other police business. Public attention about traffic safety will be gained, data about safety belt use will be gathered, and hundreds of traffic enforcement hours will be added. The expected result will be decreased deaths and injuries from motor vehicle crashes due to safety seat belt, DUll, and other traffic enforcement.. In August ofthis year, the Woodburn Police Department applied for a seat belt grant, titled Three Flags Grant, and a DUll Traffic Safety Grant. In September 2001, the Woodburn Police Department was awarded the two traffic safety grants totaling $8,000. The grant monies will become available on October 1,2001, and must be expended by September 30,2002. Woodburn Police Department is obligated to meet the goals ofthe grant as provided in the Grant Objectives (attached) to qualify for overtime reimbursement. The funds used to. reimburse local efforts are federal transportation funds. The reimbursement will allow us to assign officers to approximately 250 hours of additional patrol time through out the city. The Motorcycle Traffic Team will be the primary users of overtime grant funds. Oct. 3. 2001 9:58AM No.3820 P.2/3 IH 2001-2002 Safety Belt Grant Objectives LAW ENFORCEMENT AGENCY OBLIGATIONS: The following will be performed during effectiVe agreement dates: 1. To provide overtime trafflc enftrcernent on a year-tCll.l1d basis and d\rt1g the sd1eduIed TIYee Flags CampaVi blitz periods, with eR(JhasIs on safety belt, ~ a1d DUn laws. 2. Ead1 participating ciepartment will send a ~tative to the l11ree Flags Campalgl WllI"ksI"qJs. Each particpatilg omcer shall attend one of the w<X'kshop$. Departments with fewer tfQl six sworn officers will onl)' be requted to partlc~te kl one wa-kshop. 3. All o~ receiving overtime pay m.tst corT1)Iete a safely belt b'aili1g COlI"Se or have completed lhe t:wo-hot.F trailing CCU'Se, "'Safety Belt. TralrW1g Colrse ror Police Oft'tcerslr since 19%, which CiI1 be presented by request il an cwea oonvenlent to the department or ttrou~ the Department of Plblic Safely Staldards &. Tratrmg. The agency is responsble for trallJng time of officers ~~ k1 the OVErtIme enforcement Jn9am. 4. otflcers wUl be permitted and encouraged to IssUe multiple citatiOnS to driverS who have committed several violations. fcx' example; "exceedklg maximum speed" and "fallt.re to wear a safety belt. IT 5. The agency will condJct obsesved-uSe suveys prior to ead\ of the Three Flags ~V1 blitz pErIOds. Post enrorcement SlIVeY5 will be calCb:t.ed at the end of each of Ihe Three Flags Ca/lllalgl blltt periods. Depat1Jnents will be encotnged to utilize senior voloot.eers or- reserves ~ possble. 6. 'The agef1CY will ilfam the news media of blitz activities a()d concklct ertl<J\Ced media efforts beklte and after eadl enforcement blitz period. 7. The agency will report 1lTee flags Campa"", bhtz activities and resuhs tolloWi1g. ea<b bijq periOd to the Oregon AssocIatIon QlIe(s of Police liSting tratftc entorcemeot activIly as shown on the apprqriat:e teportflg form, ~ wiD be p-ovided to each departmMt l4JOIl approval of Its ~. 8. 1l1e agency agrees to dowment traffic enforcement, usk1g ~t-time hours by non-federally tmded offIoefs, at twice the flUITt)er of holr.i mnitted for overttme reln'txJrsement under this Agreerne11t. 9. ObjectiVes: . To i1CreaSe restrailt usage to ~O% by Septen'lber' 30m, 2002. . To Ina'eaSe awaleileSS and ~1Iance with thild ~Int laws. . Total contad objectives (war-nhgs and citations) per CM!ftime hcu warted '" 2 10. Overtime hours will be paid at a rate of $30 per hot.r. 13:20 CAPITOL ST NE SUITE 150 SALEM, OR 97303 503.315-1411 800.784.28(:>7 FAX; 503.315,1416 Oct. 3. 2001 9:58AM . No.3820 p. 3/3 1 H 2001..2002 Dun Grant Objectives The following grant objectives will apply to all recipients of TSD DUll grant funds for the period of October 1, 2001 through September 30, 2002. The granted department: 1. Will attempt to increase DUll arrests over 2000-2001 by ~ arrests. 2. Shall co~duct -.L. saturation patrols in its designated community by September 30, 2002. 3. Shall increase the number of citations for violation of the safety belt law over 2000-2001 by ..l.!l!L citations. 4. Shall collect data on the number of DUll arrests, the number of fatal and injury cooes and the number of safety belt violation citations/warnings resulting from the grant and will proYide this information to the Oregon Association Chiefs of Police on a monthly basis. Reimbursement will be made at a rate of $3o.00/hour for total TSD hours worked, upon receipt of the monthly report. 5. Shall calculate local match funds, based upon resources of the department used in support of the grant overtime. 6. Will submit reports/claims to the OACP office by the sm of the month following activity. As a Tnttfic Safety Division fund recipient, I agree to the above stated objectives and certify that funds will be used to enhance existing DUll patrols. Existing enforcement levels will remain at or above ose for the grant year 2000-2001. Signature: () ~ Chief of Polio: Signature: ~'D-~ Date: 08 - L-L-O L Dcparunem: Grant Administrator Date: DJ'-U -OJ IH Safety Belt/Three Flags Traffic Safety Grant 2001-2002 Application Cover Sheet Department: Woodburn Police Department 270 Montgomery street Woodburn.Or. 97071 Address: Phone: (503) 982-2345 Fax, (S03i 9Y!jO ,/6J; L~ signature (~7 Chief of Police: Other authorized signer: (determined by Chief for reports only) Paul E. Null printed name '-" ,,''1 "'('" (' ..,.,.;..,1- I i - J '. ,., (/ ./ ~r-~f:;. ~,;cr j' e (,L;J'))J{l , ~~, signature ~('n~~ Rll~~P" printed name Email: Amount Requested: $30/hour) $')000 (grant pays Amount Granted: Project Director) ~5CCO (to be filled in by On a separate sheet of paper, please describe how you plan to administer the funds you are requesting. Please explain, in detail, the proposed schedule for overtime usage. (Provided is a Grant Usage form, which should be returned with your application.) Please remember that you are required to participate in at least one of the three scheduled "Three Flags Blitz" campaigns. Please also consider the willingness of your officers to work the overtime grants. 1 H DUll Traffic Safety Grant 2001-2002 Application Cover Sheet Department: lJrtrtflhnrn Prtl;('<i! Dpp51-rtweut Address: 270 Montgomery street Woodburn,Or. 97071 phone: (503) 982-2345 Fax,) n:O ~ Chief of Police: Other authorized signer: (determined by Chief for reports only) signature Paul E. Null printed n,ame" ',') . /J 0,1 ~ c-;tJ- /J" J 1J)..:11)()(>-- s~gnature Scott Russell printed name Email: Amount Requested: $3ojhour} --..n.oOO (grant pays Amount Granted: Project Director) ~~ (to be filled in by On a separate sheet of paper, please describe how you plan to administer the funds you are requesting. Please explain, in detail, the proposed schedule for overtime usage. (Provided is a Grant Usage form, which should be returned with your application.) Include such things as seasonal needs in your community, extraordinary events that usually result in higher than usual DUll infractions, evidence that prior DUll grant funds have made a difference (if you have had grants in previous years) and willingness of your officers to work the overtime grants. 11 MEMO To: Mayor and Council From: r Ben Gillespie, Finance Director t~r,~,' h t1 John Brown, City Administrator /,,]J II October 4, 2001 Date: Subject: Contract Award for Financial System Software Recommendation: That the Council: Award the contract for financial system software to New World Systems Direct staff to finalize negotiations of the contract. Authorize the City Administrator to sign the contract Background: Eden Systems, the City's current financial systems software supplier, announced last year that it would not support the City's version of its software after December 31, 2001. That lent some urgency to efforts already underway to select replacement software. A request for proposal was mailed to 29 vendors. Five responded: Aris (proposing Oracle) Eden Svstem Mitchel/Humphrey New World Systems Springbrook Three teams were formed to review the proposals: Users' Team Technical Team Management Team Prior to examining the proposals each team established the criteria it would use to evaluate the submittals. After reviewing the written materials provided by each vendor, the teams agreed to drop Aris and MitchelllHumphrey from further consideration. Although the reasoning for dropping these two vendors was complex, the essential reasons were these: To adequately 11 support the Aris software at least one additional position would have to added. Mitchell/ Humphrey's product is oriented more to the private sector than municipal accounting. At that point team members called at least three references for each or the remaining three vendors, In selecting references weight was given to municipalities of similar size in the Northwest. In preparation for the vendors' demonstrations, each team developed questions to be asked of all vendors and vendor specific questions. Each demonstration/interview lasted one day. The Technical Team did site visits where practical. In some cases the nearest installation was too far away to justifY the travel expense, In those cases phone calls were substituted for a site visit. Costs for the three vendors are: Life Cycle Costs First Year Costs Eden Systems New World Springbrook 420,125 340,044 287,305 249,128 271,819 268,750 All three teams were unanimous in their selection of New World. Although New World's proposal was not the lowest life cycle cost, it is deemed to be the best value. Their systems are more full featured, and they make it easier to navigate to where a user wants to be. This makes for more efficient systems, and that improves productivity. The systems included in New World's proposal are: General Ledger including Budget Purchasing Accounts Payable Human Resources including Payroll Personnel Utility Billing Financial Implications: Cost were uncertain at the beginning of the project. Milwaukie had converted just the general ledger system for $140,000; Clackamas River Water District had converted all systems for $450,000. City management felt the conversion could be done for $294,000 and budgeted 111 accordingly. The expectation was that the City would replace the general ledger and the budget system at a minimum. Then, to the extent that the budget allowed other modules would be included. New World's proposal for all systems is $218,000, which includes a new server. Staffis negotiating the details, and the final cost is expected to be somewhat less than that number. The total estimated capital costs are: Software Server Desktop upgrades Backfilling positions Contingency Interest TOTAL $181,000 37,000 3,000 20,000 25,000 12.000 $ 278,000 That is well within the budgeted amount. However, the increase in the annual maintenance was not anticipated. Maintenance is currently $6,000 per year. Maintenance under the new contract will be $24,000 per year. This will be financed by increasing the rental rate paid by users per Pc. IlJ MEMO FROM: City Council through City Administrator rft-. Frank Sinclair, POTW Superintendent through Frank Tiwari, --qwS Public Works Director TO: SUBJECT: Contract Award for Purchase of Liquid Spreader DATE: October 8, 2001 RECOMMENDATION: Award the contract for a poplar plantation Liquid Spreader to Fisher Mill Supply, Inc., the lowest responsible bidder, for the amount of $12,478.00. BACKGROUND: The City requested bids for a 1500 gallon liquid manure spreader attachment to use in the poplar plantation eftluent reuse system at the wastewater treatment plant. The bids were opened at 1:30 p.m. on September 14, 2001, and the results were as follows: Bidder Fisher Mill Supply, Inc. Lenon Implement Co. Ernst Hardware Co. Amount Bid $12,478.00 $12,635.00 $13,402.00 The wastewater treatment plant sent out seven bid packages and advertised in the Statesman Journal and the'Daily Journal of Commerce. There were three companies which responded and bid on the liquid manure spreader. The bids all are very close. Fisher Mill Supply has offered a competitive product at the best price. The liquid manure spreader will be attached to the orchard tractor and used in the poplar plantation to spread bio-solids. The tractor will pull the tank into the poplar plantation to directly spread liquid bio-solids at the base of the trees. The cost of this equipment is included in the approved budget. BUDGET ESTIMATE: $13,800.00 1 K MEMO TO: City Council through City Administrator tY'Y- ~ Frank Sinclair, POTW Superintendent through Frank Tiwari, '~ . Public Works Director FROM: SUBJECT: Contract Award for Purchase of an Orchard Tractor DA TE: October 8, 2001 RECOMMENDATION: Award the contract for a poplar plantation orchard tractor to Fisher Mill Supply, Inc., the lowest responsible bidder, for the amount of $49,994.00. BACKGROUND: The City requested bids for a low profile orchard tractor to use in the poplar plantation eftluent reuse system at the wastewater treatment plant. The bids were opened at 1 :30 p.m. on September 14, 2001, and the results were as follows: Bidder Fisher Mill Supply, Inc Ernst Hardware Co. Lenon Implement Co. Amount Bid $49,994.00 $52,300.00 $52,850.00 The wastewater treatment plant sent out seven bid packages and advertised in the Statesman Journal and the Daily Journal of Commerce. There were three companies which responded and bid on the orchard tractor. The bids all are very close. Fisher Mill Supply has offered a competitive product at the best price. The orchard tractor will be used both in the maintenance of the poplar plantation and to spread bio-solids. The Department of Environmental Quality has required a cover of grass between the poplar plantation rows. The grass must be cut to prevent undesirable pests from establishing residence in the plantation. The tractor will also be used to spread bio-solids, using a 1500-gallon tank and hard hose reel. The tractor will pull the tank directly to spread the bio-solids and also be used to drag out the hose of the hard hose reel. This equipment cost is part of the over-all wastewater facilities improvement budget. BUDGET ESTIMATE: $50,000.00 lL MEMO TO: City Council through City Administrator ~ FROM: Frank Sinclair, POTW Superintendent through Frank Tiwari, Public Works Director SUBJECT: Contract Award for Purchase of Hard Hose Reel DA TE: October 8, 2001 RECOMMENDATION: Reject Bid Number 22-11 for a poplar plantation self- retrieving hard hose reel and allow staff to re-advertise it after specification modification. BACKGROUND: The City requested bids for a Self-Retrieving Hard Hose Reel to use in the poplar plantation effluent reuse system at the wastewater treatment plant. The bids were opened at 1:30 p.m. on September 14,2001, and the results were as follows: Bidder Ernst Hardware Co. Amount Bid $34,750.00 The wastewater treatment plant sent out seven bid packages and advertised in the Statesman Journal and the Daily Journal of Commerce. However, only one company responded to the request for bids. The lack of clear specification for one custom component used on the Hard Hose Reel System created confusion among the prospective bidders. It is in the best interest ofthe City to clarify the specification through modifications and follow the re-advertisement process. Therefore rejection of bids is recommended. 11M October 8, 2001 SUBJECT: City Council Richard Jennings, Mayor Kathy Figley, City Council President City Administrator Employment Agreement TO: FROM: Recommendation: It is recommended the City Council approve, and authorize the Mayor to execute the attached Employment Agreement with John C. Brown. Background: Mr. Brown was employed, pursuant to an employment agreement, in September 1998. That agreement had a three-year term and provided for his compensation, benefits, working conditions and rights. It also provided for setting of annual performance goals, annual evaluation of Mr. Brown's performance, and salary increases pursuant to satisfactory or better than satisfactory performance. Mr. Brown's compensation was increased in 1999 and 2000, based on the City Council's satisfaction with his work. In September 2001, the City Council evaluated Mr. Brown, and again was well satisfied with his performance. Accordingly, the City Council agreed Mr. Brown's compensation should be increased, consistent with his strong job performance. As Mr. Brown's compensation is established pursuant to his employment agreement, and because Mr. Brown's agreement expired in September, the Mayor appointed himself and the Council President to a committee representing the City Council in negotiating a salary increase and to renegotiate the agreement. Discussion: The attached agreement has a three-year term, effective October 1,2001. Contract provisions are generally unchanged from the previous agreement, although the document is updated to reflect Mr. Brown's continuing employment with the City. Mr. Brown continues to serve as an at-will employee and may be removed from his position at any time pursuant to a majority vote of the City Council. If that occurs, and where specified cause for termination does not exist, Mr. Brown continues to be eligible for a severance payment equal to six months salary. As with the previous agreement, Mr. Brown is entitled to the same benefits and employment conditions as other management employees of the City. That provision of his contract is modified, for the sake of clarification, to specify that such benefits include cost-of-living increases granted to other management City Council October 8,2001 Page 2. 11M employees. He remains entitled to mileage reimbursement for travel on city business, to payment of a limited number of professional memberships, to travel and subsistence costs for participation in professional organizations and city- related training, to indemnification from liability related to the performance of his professional duties, and bonding if required. The compensation and executive leave provisions of Mr. Brown's contract are modified. A new section, which prevents the loss of accumulated leave benefits in the transition from the previous to the current agreement, is also added. When negotiating compensation, the committee considered the Council's September evaluation, which found that Mr. Brown's performance ranges from II consistently meets and frequently exceeds job requirements" to II unique and exceptional performance achieved by few individuals". The committee reviewed the salary and compensation packages of city managers in area cities of similar size, workload, and complexity of issues. These included Newberg, Tualatin, McMinnville, Wilsonville, Oregon City and Keizer. These were among the comparators used in setting Mr. Brown's compensation in 2000. The committee feels it is appropriate to set Mr. Brown's compensation equal to the average of the total compensation paid to managers in these communities. Accordingly, it is recommended that Mr. Brown's base annual salary be increased to $92,898, an increase of $7,278 over his 2000 salary level. The recommended increase results in a total compensation level of approximately $115,700 per year, including salary and all related benefits. It should be noted that this increase includes the 2.7 percent cost of living adjustment granted to all AFSCME-represented, management, and non-management un-represented employees, effective October 1, 2001. Adjusted for the October 1,2001 COLA, Mr. Brown's recommended merit increase reflects a net increase to 2000 salary of $4,966 (5.8 percent). As an executive manager, Mr. Brown is not compensated for overtime hours. His responsibilities require him to frequently work more than 40 hours per week. This includes attending early morning, noon, and night meetings, and working beyond 5 pm to meet deadlines and keep pace with workload. In recognition of this overtime, Mr. Brown the previous agreement entitled Mr. Brown to 10 days of executive leave per year. The attached agreement increases executive leave to 15 days annually. 15 days still falls far short of compensating Mr. Brown for overtime worked, but is considered more adequate than 10. 11 City Council October 8, 2001 Page 3. Because of the Mayor and City Council's satisfaction with Mr. Brown's performance and because of the caliber of Mr. Brown's work on behalf of the city, renewal of Mr. Brown's agreement, pursuant to the specified terms and provisions appears both justified and appropriate. Accordingly, your approval of the attached agreement is recommended. Financial Impact: The attached agreement increases Mr. Brown's base compensation from $85,620 to $92,898 annually, and his total compensation package from approximately $106,700 to approximately $115,700 annually. This represents annual increases of approximately $7,300 and $9,000, respectively. Total cost increases for 2001-02 are approximately $6,750, are supported by the General Fund, and are available in the City Administrator's budget for 2001. 11M Employment Agreement This Agreement made and entered into this 8th day of October, 2001 by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City", and John C. Brown, hereinafter referred to as "Employee", both of whom understand and agree as follows: Witnesseth: WHEREAS John C. Brown is currently employed at-will by City as City Administrator of the City of Woodburn, as provided by Chapter V, Section 21 of the Woodburn City Charter of 1982, pursuant to an agreement between the parties dated August 18, 1998 ("Previous Agreement"), and addendum to that Agreement dated October 23, 2000; and Whereas, City desires to continue to employ the services of Employee as City Administrator of the City of Woodburn and to provide for him an inducement to remain in such employment; and to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and Whereas, Employee desires to continue employment as City Administrator of the City of Woodburn. WHEREAS it is the intention of the parties that this Agreement supersede and replace in its entirety the Previous Agreement, and Addendum to Previous Agreement. Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties City hereby agrees to employ John C. Brown as the City Administrator of the City of Woodburn to perform on a continuing basis the functions and duties which are generally described in the City's Charter and Municipal Ordinances and the Employee's job description, and to perform other legally permissible and proper duties and functions as the City shall from lime to lime assign. 2. Terms A. Duration and Effective Date. The term of this Agreement shall be for three (3) years commencing on October 1, 2001 and ending September 30, 2004 at 5:00 PM ("Services Period"). B. At-Will Employment. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City for any reason whatsoever with or without cause to terminate the services of Employee at any time prior to the expiration of the Services Period. C. Extension of Agreement. The term of this agreement may be extended by written consent of the parties for a period of time that is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall be commenced by March 1, 2004. Page 1 - Employment Agreement 'INi 3. Termination for Cause If Employee is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. For the purposes of this Agreement, "cause" is defined as follows: A. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Employee shall receive severance pay. If the indictment does ultimately result in a conviction, Employee shall not receive severance pay; or B. Abandonment by Employee of his position as City Administrator; or C. The determination by City that Employee has been guilty of fraud, dishonesty or any other act of misconduct in performance of Employee's duties on behalf of City. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the city in force and effect on the date of the alleged misconduct. 4. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from this position with City subject to the provisions of the Agreement. In the event Employee voluntarily resigns this position with City before the expiration of the aforesaid term of employment, Employee shall give City a minimum of forty- five (45) days written notice, unless the parties agree otherwise. 5. Severance Pay. In the event Employee is terminated by the City before the expiration of the term of the Services Period, the City shall pay Employee a lump sum cash severance payment equal to six (6) months salary, at Employee's rate of pay on the day prior to the date of termination. Employee shall also be entitled to receive payment for accrued but unused vacation and executive leave benefits. Severance pay shall be paid within thirty (30) days of the date of termination. ,r (""'I " .~. . During the Services Period, City agrees to pay employee for services rendered a base annual salary of Ninety Two Thousand Eight Hundred Ninety Eight Dollars ($92,898) payable in installments at the same time as the regular employees of City are paid. Annually, after a satisfactory evaluation by the City Council, an increase in salary will be negotiated. 7. Use of Automobile Employee shall have reasonable use of a city owned vehicle to conduct city business. Where Employee elects to use his privately owned vehicle, City shall reimburse Employee for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 8. Executive Leave. In lieu and in place of the administrative leave applicable to other management employees, Employee shall accrue fifteen (15) executive leave days per year. Page 2 - Employment Agreement 1M 9. Prior Accumulated Leave Employee shall be credited for all the vacation time, annual leave, sick leave, and executive leave which he accumulated during the term of the Previous Agreement and prior to the execution of this agreement. 10. Other Benefits Employee shall receive all other employee benefits regarding wages, hours and other terms and conditions of employment as other permanent management employees of the City, including cost of living increases, with the exception that One Hundred Percent (100%) of Employees' retirement and Social Security contributions shall be paid or reimbursed by City. Employee shall be allowed to participate in City's deferred compensation program but City shall not contribute any deferred compensation funds on Employee's behalf. 11. Performance Evaluation Annually, City and Employee shall define such goals and performance objectives as they may determine necessary for the proper operation of the City in the attachment of the City Council's policy objectives working through and with the City Administrator. These goals and objectives shall be obtainable generally within the time limits as specified in the operating and capital budgets and appropriations provided. A. The City Council shall conduct a written evaluation of Employee on an annual basis. The City Council shall conduct its evaluation of Employee in executive session unless Employee invokes his statutory right to have the evaluation occur in open session. B. In recognition of accomplishments and objectives, and satisfactory performance, an annual merit increase shall be negotiated. 12. Hours of Work Employee shall devote his full time and attention to the duties and responsibilities of his position, and any additional work time reasonably required to discharge the duties and functions as assigned. The parties agree that Employee's position is exempt from overtime and minimum wage requirements. Employee may not be engaged in other employment during time off \vithout the specific written authorization of City. 13. Professional Development A. City agrees to budget and pay for the professional fees, dues and subscriptions of Employee which are necessary for the continuation and full participation in international, national, state, regional, and local associations and organizations necessary and desirable for Employee's continued professional growth, participation and advancement. B. City agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions reasonably adequate to continue the professional development of employee, and to pursue official or other functions for the City. Page 3 - Employment Agreement 1 Ni C. City agrees to budget for and pay travel and subsistence expenses for short courses, institutes and seminars that are necessary for professional development. Such seminars may include, but are not limited to attendance at the annual International City/County Management Association (ICMA) Oregon City/County Management Association (OCCMA) and League of Oregon Cities' Conferences. D. Employee shall maintain throughout the life of this Agreement, valid memberships in the ICMA, and OCCMA. City shall pay for these memberships. 14. Liability City agrees to indemnify, hold harmless and defend at its expense Employee from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Employee may be subject to arising out of, or resulting from, the performance of his duties hereunder, excepting there from criminal acts or gross negligence. 15. Bonding City shall bear the full cost of any fidelity or other bond required of Employee under any law or ordinance. 16. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to the performance of Employee hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Employee shall perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to his position. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. D. Employee acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 17. Notice. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other address as may hereafter be specified by notice in writing. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: Page 4 - Employment Agreement I,M City of Woodburn Attention: Mary Tennant, City Recorder 270 Montgomery St. Woodburn, OR 97071 John C. Brown City Administrator 1579 Constitution Avenue Woodburn, OR 97071 18. Severability If any provision or portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, and shall not be affected and shall remain in full force and effect. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. City of Woodburn Employee Richard Jennings, Mayor John C. Brown Attest: Approved as to Form: Recorder City Attorney Page 5 - Employment Agreement 1 A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: October 8, 2001 From: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development /J..v-t Planning Commission's Action on Site Plan ReviU 01 ~11, additions to the Woodburn High School athletic fields. To: Subject: At their meeting of September 27,2001, the Planning Commission accepted the Planning Director's decision to approve a Site Plan Review application for additions to the Woodburn High School athletic fields. This decision is final unless the City Council calls this decision up for review. Applicant & Property Owner: Woodburn School District 965 N. Boones Ferry Road Woodburn, OR 97071 NATURE OF APPLICATION: The Woodburn School District requested administrative Site Plan Review to build athletic facilities at the Woodburn High School over the next five (5) years. The existing athletic fields on the north side of the high school site were approved by the Planning Commission in June of 1999. The existing athletic fields include the soccer, varsity baseball, junior varsity softball, and the practice football fields. Athletic facilities are also proposed to the existing football stadium and soccer fields on the west side of the high school building. The proposed athletic facilities include the following: Short Term (1 vear) . Baseball dugouts, scoreboard, bleachers and warm-up pitching fence . Soccer scoreboard and bleachers . Softball batting cage and portable bleachers . Football goal posts . Athletic field signs . Portable equipment storage buildings for baseball and softball . Exterior concession stand lighting . Exterior walkway lighting . Security fence between soccer and football fields 1 14 . Flag pole light Lon!:! Term (1-5 vears) . Stairs to press box . Parking lot addition at east end of athletic fields . Baseball batting cage . Soccer bleachers . Football home and visitor bleachers . Roof extension on concession stand RELEVANT FACTS: The Woodburn High School is located on the northwest corner of the Front StreetlHwy 214 interchange and is addressed at 1785 N. Front Street. It can be further identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 07A, Tax Lots 300, 400, 500 & 600; and Section 08BC Tax Lot 300. The property is zoned Public Amusement (PA) District and Public Education (PE) District and is designated on the Comprehensive Plan Map as Public Use. School facilities and their ancillary athletic activities are permitted outright in these districts. There were no additions made to the high school building as part of this request, and there are no separate buildings proposed except for the two portable storage buildings. The existing athletic fields on the north portion of the site were approved by the Planning Commission on June 10, 1999 (SPR 99-09, concurrent with Variance 99-05). The proposed improvements in this application are for needed athletic facilities to the existing athletic fields. 2 OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in the matter of ZONE CHANGE 01-04. The applicant is reQuestina a zone chanae for the subiect site from Marion County "UTF" (Urban Transition Farm) to City of Woodburn "CG" (Commercial General District) on a .9 acre strip of land on the southern portion of Tax Lot #1200 located at 3002 StaCY Allison Way. CA.Y1cR. The applicant-iE,.... hllll ': rll-ltiRv.... T Business Trust. ! property owner is Wal-Mart Real Estate The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria are listed in the notice of public hearing and are as follows: A. Woodburn Comprehensive Plan B. Woodburn ZoninQ Ordinance 1. Chapter 7. Public HearinQs 2. Chapter 15. Zone Chanae Procedures 3. Chapter 16. Comprehensive Plan Amendment Procedure 4. Chapter 30. CG - Commercial General District C. Woodburn Access Manaaement Ordinance D. Woodburn Transportation Systems Plan The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing.~1 b f)13.~ dJFlil II ... ",u f~r IplI8IiQQtI8" l-J I J '1IIUI,,~l.:.~ ~Cf~5S. 2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. 3. The fai~;& t~ise.~n issue accompanied by statements or evidence sufficient to afford the rlaA~ ~ ~('m ssiolJ, 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 ot~ ~uesr,elating to proposed conditions of approval with sufficient specificity to allow this g' mlVtf~ to respond to the issue precludes an action for damages in circuit court, 5. Any applicant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The PIQ~fliA9 Co~rTliOGiOR shall grant the request by either: C. ~e. (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or ~ (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen thect~rd t9 respond to new evidence submitted while the record was left open and the .plann. €I ~mmissioQ 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. e;" t'.t~Ct Y 6. If additional documents or evidence are provided by any party, the Planni~g -b6mll.is~on 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 r~~~g'(!g~i~~iOll is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. We will now proceed with the staff report. ,_.".~-~.~-~-"'-_...._------,_._~._--~---+----,.._--,-.._.._--~..'""~.'"".---...~....""~._,...,"""""-~-----_... SDCs are one-time charges, not ongoing rates.~ Properties which are already developed do not pay SDCs unless they "redevelo~ SDCs are for capital only, in both their calculation and in their use. ~ SDCs include both future and existing cost components. 2 . . _ . FC~ Group, Ino: ~c$gl_ SDCs are for general facilities, not "local" facilities. \ - ---i ORS 223.297 - 314, known as the SDC Act, provides "a uniform framework for the imposition of system development charges by governmental units" and establishes "that the charges may be used only for capital improvements." 3 _ _ n FCs.. Gr~U-'" Inc~ Jc$gJ II II 4 FCS Grou~,m~ ~c$gl. --i .. - - -- - - - - II II 5 FCS Group, Inc. ~c$gl - . - - - -- - -- Reimbursement Fee plus Improvement equals Fee System Development Charge 6 FCS_Group.ln~ I~c$gl~ _ REIMBURSEMENT FEE Cost of Net Unused Capacity (1) i 7.113.377 Growth to 2020 (2) 2,040,000 gpd Reimbursement Fee i 3.49 pergpd IMPROVEMENT FEE Capacity Expanding CIP (3) $8,402,639 Growth to 2020 (2) 2,040,000 gpd Improvement Fee $4.12 pergpd TOTAL SYSTEM DEVELOPMENT CHARGE Reimbursement Fee $ 3.49 pergpd Improvement Fee i 4.12 pergpd Subtotal SDC $ 7.61 pergpd Plus: Administrative Cost Recovery (4) 3.07% Total SDC $ 7.84 per gpd NOTES: . ........ ....... ... . .... .......,..-. .. Comrriitt~e .. RecOrilmendafion (1) Total Unused Capacity of Plant-in-Service for All Customers page 4-8 (results in lower SDC) (2) Average daily use in 2020 minus ADD in 2000 assumes no water conservation (3) Recommended improvements until 2020 from City Engineers (4) Administrative cost recovery calculated as follows: Annual Cost of Administering SDC & SDC Study Cost Projected Annual SDC Revenues Percentage Markup 7 $ 15,206 $ 496,071 3.07% FCS Group. Inc. ~i~1 · Charge is based on estimated peak water usage in gallons per day (gpd) · Total System Development Charge: Reimbursement Fee $3.49 per gpd Improvement Fee 4.12 per gpd Administrative Cost Recovery 0.23 per gpd Total SDC $7.84 per gpd · Proposed SDC for a Single Family R -d $2 085 . ". ......... . - .,......., . .. . ....... ..... ...... .."... ."........ ... ... ... ... ............ e s I e nee = 'HUG()rl1r'l1iij~~ ,. R~cOmmenqqtiOr1' ....., ........ .. ... ........".......... -.... .......,.., ................'. .............. ...-..........,...... ,. . - -.. ......... ... .... ." ..... .......... " .-... ......... . .._..... d'.. FCS Group, Inc. ~c$gl 8 .. - - - -- - - _.. - ----I For a typical single family residence City West Linn (in-City) Newberg Wilsonville Oregon City Lake Oswego Canby Sliverton Forest Grove $ SDC 3,570 3,415 2,794 2,723 2,015 1 ,800 1 ,720 1,000 9 FCS Group. Inc. ~c$gl -i