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Agenda - 01/28/2002e AGENDA ~VOODBURN CITY COUNCIL ~ANUAR Y28~ 2002 - 7..00P. M. 270Montgomery Street ~ ~ Woodburn~ Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Council/Community Center Planning Committee Workshop - February 4, 2002 - 7:00 p.m., City Hall Council Chambers Be Woodburn Public Library Chautauqa Program - Taps: The Civil War in Word and Song - February 10, 2002, 2:00 p.m. at Woodburn High School Lectorium. Appointments: - None PRESENTATIONS/PROCLAMATIONS Presentation: A. Livability Task Force Property Pride Awards. e Proclamations: - None COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS e ge BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Ae Woodburn City Council minutes of January 14, 2002 regular and executive meetings ............................................... 8A Recontntended action: Approve the Council ntinntes. Page 1 -Woodbum City Council Agenda - January 28, 2002. , · B. 8B e Woodburn R~creation and Park Board minutes of January 8, 2002 ..... Recommended action: Accept the Woodburn Recreation and Park Board minutes. Ce Woodburn Library Board minutes of January 9, 2002 ................ 8C Recommended action: Accept the Woodburn Library Board minutes. De Woodburn Planning Commission minutes of December 13, 2001 ....... 8D Recommended action: Accept the 14~oodburn Planning Contmission minutes. Ee Police Department Activities Report - November 2001 ................ 8E Recommended action: Receive the report. Status Report - 347 N. Front Building Rehabilitation ................. 8F Recommended action: Receive the report. TABLED BUSINESS PUBLIC HEARINGS A. Continuation of Review of Planning Commission decision on Site Plan Review Modification No. 01-10 (Woodburn Company Stores) ......... 10A Recommended action: Conduct public hearing, receive public comment and instruct staff to prepare an ordinance reflecting Council's decision. 11. GENERAL BUSINESS Ae Council Bill No. 2369 - Resolution directing that stop signs be installed on Pana Street, Country Lane and Luba Street where they intersect with Bridlewood Lane .......................................... llA Recommended action: Approve the resolution. Cascade Surge Facility Use Agreement ............................ 1 lB Recommended action: Approve the agreement. 12. 13. 14. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. A. Planning Commission approval of Conditional Use 01-03, a request by the Immanuel Lutheran Church to operate a preschool in a previously-used church parsonage located at 1100 E. Lincoln Street ................................................. 14A Page 2 -Woodbum City Council Agenda - January 28, 2002. CITY ADMINISTRATOR'S REPORT 16. 17. 18. MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). ADJOURNMENT Page 3 -Woodburn City Council Agenda - January 28, 2002. , , 8A COUNCIL MEETING MINUTES January 14, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 14, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0021 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor MeCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attomey Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Null, Finance Director Gillespie, Park & Recreation Director Westriek, Asst. City Engineer Torgeson, Public Works Manager Rohman, City Recorder Tennant 0078 ANNOUNCEMENTS. A) Holiday Closures: All City offices and the Woodburn Public Library will be closed on Monday, January 21, 2002, in observance of Martin Luther King Jr. holiday. The Woodburn Aquatic Center will be open on that day. B) Woodburn Company Stores public hearing: A continuation of this hearing before the City Council is scheduled for Monday, January 28, 2002, 7:00 p.m., in the City Hall Council Chambers. ,. C) Woodburn Development Ordinance public hearing: A hearing on the proposed ordinance will be held before the Woodburn Planning Commission on Thursday, January 24, 2002, 7:00 p.m., in the City Hall Council Chambers. D) Indoor Playground Program: Parks & Recreation Director Westrick stated that this new program is designed for parents with children from toddler age to 5 years old. It will be held every Thursday at the Community Center beginning February 7, 2002 from 9:30 am to 11:00 am. There will be a $I .00 charge to help offset costs for equipment. The program will be overseen by volunteers and, once the weather warms up, they plan to have the program at one of the parks. One of the City's partners with this program is Siiverton Hospital and some of their expertise will be used to help operate this program. Additionally, the Aquatic Page I - Council Meeting Minutes, January 14, 2002 COUNCIL MEETING MINUTES January 14, 2002 TAPE READING Center will be expanding their Parent-Tot swim program to both Tuesday and Friday from 9:30 am to 11:00 am beginning in February 2002. APPOINTMENTS. Mayor Jennings appointed Jim Cox to the Planning Commission to serve a 4-year. He stated that, under the Ordinance, Commission terms are for 4 years or until such time as a successor is appointed. On December 31,2001, the 4-year terms for Jim Cox and Rob Mill expired, however, they are still considered as Planning Commission members since no successor was appointed. He had delayed in making appointments to these positions since the proposed Woodbum Development Ordinance would reduce the number of Planning Commission members from 9-members to 7-members. Since Mr. Cox was recently voted as Commission Chair, he has decided to re-appoint Mr. Cox to the Commission. Mr. Mill will continue to serve on the Commission until such time as a final decision has been made on the number of Commission members. NICHOLS/FIGLEY... approve the re-appointment of Jim Cox to the Planning Commission with a term to expire on December 31, 2005. The motion passed unanimously. 0322 CHAMBER OF COMMERCE REPORT. Alma Grijalva, representing the Chamber, provided the following information on upcoming Chamber events: 1) Chamber Forum - January 16, 2002, 12:00 noon, at the Rose Room in the Woodbum Crossing Plaza. This forum is being sponsored by Les Schwab Tire and the guest speaker will be Mayor Jennings who will give the "City State of Address". 2) Chamber Annual dinner will be held on January 17, 2002 at the Orchards Grill at Tukwila. This event will be celebrating the Chamber's diversity and is sponsored by Allstate Castillo-Grijalva Agency, Hallmark Properties, and Fidelity National Title. 3) Business After Hours will be held on Thursday~ February 14, 2002, at Cascade Retirement Center from 4:30 pm to 6:00 pm. 4) Chamber Forum - February 20, 2002, at 12:00 noon. The topic for this forum is an Urban Renewal presentation to be made by the Woodbum Livability Committee. She also reminded the Council that the Distinguished Service Awards dinner will be held on Friday, March 1, 2002. This event will be sponsored by Mid-Valley Bank. The location of the event has not been finalized as of this date. 0415 SKATE PARK COMMITTEE REPORT. Evan Thomas, representing the Skate Park Committee, expressed his appreciation to the Council and community for their support towards this project. Over the next 3 or 4 months, the Committee will be meeting regularly to work on fundraising projects and final project details. To date, there has been $12,000 raised towards the $20,000 goal. Page 2 - Council Meeting Minutes, January 14, 2002 ! "t r [ r ' COUNCIL MEETING MINUTES January 14, 2002 TAPE READING Bruce Thomas stated that the kids will be making a concerted effort to raise the additional funds over the next few months. They will be preparing press releases and brochures for distribution within the community. Presentations will also be made to identified local businesses to solicit donations either in cash, materials, and/or services. He also displayed a 3-D design of the Skate Park which will be on display at City Hall. Donations can be made to the City Recreation & Parks and they will be placed in the Skate Park fund. It is hoped that construction will begin during the summer months. 0695 WOODBURN DOWNTOWN ASSOCIATION CvVDA)REPORT. Bruce Thomas, representing the Downtown Association, stated that the WDA Board met last Saturday for a 4-hour planning session for the coming year and, as a result of this session, they are committed to the Saturday Market along with other smaller projects which will clean-up and beautify the area. He stated that there are 16 members that regularly attend the meetings and they are all willing to participate in the projects being planned for this year. There will be an annual dinner and auction in March to help support the aett'vities of the WDA. He also stated that the two big projects planned are Saturday Market and lights on the trees. 0779 COMMUNICATIONS - NOTICE FROM MARION COUNTY REGARDING PLANNING COMMISSION VACANCY. Mayor Jennings stated that the City had received a notice from Marion County that applications for a Marion County Planning Commission position are currently being accepted. He encouraged local citizens interested in serving on the County Planning Commission to apply for this position. 0801 CONSENT AGENDA. A) Approve the Council regular and executive session minutes of December 10, 2001, and the Council special and executive session minutes of December 19, 2001; B) accept the Planning Commission minutes of November 29, 2001 and December 6, 2001; C) accept the Livability Task Force minutes of October 23,2001; D) accept the Recreation and Park Board minutes of December 11,2001; E) accept the Community Center Planning Committee minutes of December 6, 2001; F) accept the Library Board minutes of December 12, 200 I; G) accept the annual Audit Report for Fiscal Year 2000-01; H) receive the Electric franchise options report; I) approve the claims for December 2001; J) receive the Building report for December 2001; K) receive the Planning Project Tracking Sheet dated January 2, 2002; L) receive the sewer pump stations update report; Page 3 - Council Meeting Minutes, January 14, 2002 8A TAPE READING 0842 0873 0943 1042 Page 4 COUNCIL MEETING MINUTES January 14, 2002 M) receive the Urban Renewal status report; N) receive the staff report regarding the End of the Fall 2001 Leaf Pick-up Period; and O) receive the I-5 Sign Bridge update report. FIGLEY/SIFUENTEZ... adopt the Consent Agenda as presented. Mayor Jennings stated that he was glad to see that the sign bridge at the I-5 interchange is now under construction. The motion passed unanimously. PUBLIC HEARING: WOODBURN COMPANY STORES PHASES II AND III. Mayor Jermings declared the public hearing open at 7:18 p.m. and he requested that the Council continue the hearing to January 28, 2002. FIGLEY/SIFUENTEZ... continue the public hearing to the regularly scheduled meeting of January 28, 2002 at 7:00 p.m.. The motion passed unanimously. COUNCIL BILL 2365 - RESOLUTION SETTING Tm*~ AMOUNT OF THE PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGE~ ALTERNATIVE RATE REVIEW FEE, ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250 AND ESTABLISI-11NG AN EFFECTIVE DATE FOR THE IMPOSITION OF Tl:lE FEES. Council Bill 2365 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2365 duly passed. COUNCIL BILL 2366 - ORDINANCE ADOPTING THE WOODBURN PERSONNEL POLICIES AND PROCEDURES MANUAL FOR CITY EMPLOYEES. Councilor Chadwick introduced Council Bill 2366. Recorder Tennant read the two readings of the bill by title only since there were rio objections from the Council. Councilor McCallum congratulated the staff on a job well-done in preparing the updated policies and procedures manual. On roll call vote for final passage, the bill passed unanimously. Mayor Jennin§s declared Council Bill 2366 duly passed. COUNCIL BILL 2367 - RESOLUTION DIRECTING CITY ENGINEER TO PREPARE ENGINEERING REPORT FOR STREET IMPROVEMENTS ON E, HARDCASTLE AVE. FROM HWY. 99E TO THE EAST CITY BOUNDARY Councilor Chadwick introduced Council Bill 2367. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2367 duly passed. - Council Meeting Minutes, January 14, 2002 8A COUNCIL MEETING MINUTES January 14, 2002 TAPE READING 1088 COUNCIL BILL 2368 - RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR COORDINATION OF THE WOODBURN YOUTH PEER COURT. Council Bill 2368 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2368 duly passed. 1143 LIQUOR LICENSE APPLICATION: HUBER'S ON THE GREEN (Senior Estates Restaurant). ~ A liquor license application was submitted by Senior Estates Golf & Country Club, Inc. and Duane and Jeannette Huber for a Limited on Premise Sales and an Off-premise Sales license. The application would drop a previous licensee and add the Huber's as a new partner. Chief Null recommended that the license be approved. Councilor Figley questioned if the license allows both on-site constunption and the sale of wine and/or beer to be taken off premise. Chief Null stated that the Restaurant has had both the on-premise and off-premise licenses in place for a number of years. FIGLEY/SIFUENTEZ... approve a Limited On-Premise Sales and a Off-Premise Sales liquor licenses for Senior Estates Country Club and Mr. & Mrs. Huber at 1776 Country Club Road, Woodburn. The motion passed 5-1 with Councilor Nichols voting nay. 1220 TOURISM AND ECONOMIC DEVELOPMENT GRANT FUNDING. FIGLEY/NICHOLS... grant the Transient Occupancy tax revenue earmarked for the 2001-2002 Tourism and Economic Grant funding as follows: 1) Woodburn Chamber of Commerce in an amount not to exceed $35, 200, and 2) Woodburn Downtown Association in an amount not to exceed $2,500. Councilor Bjelland requested staff to summarize how the funds will be used by the recipients. Administrator Brown stated that grant to the Chamber will provide for a Visitor's Bureau for tourism opportunities both in Woodburn and in the greater Woodbum area. It will also support the promotional activities, development of brochures, and development of other directories and information that can be distributed locally and in other Visitor Centers. There will be some staff assistance funding to help manage that activity and to help represent the Chamber within the Visitor's Bureau. It will also cover a portion of the cost of supplies and a percentage of some of the equipment being used to generate the documents. The grant amount is approximately 80% of what was requested in the grant application. In regards to the Downtown Association grant, it will support the advertising and promotional activities relating to the Saturday Market such as purchasing radio spots, media advertising, and banners. A selection committee was formed consisting of a group Page 5 - Council Meeting Minutes, January 14, 2002 COUNCIL MEETING MINUTES January 14, 2002 TAPE READING of local business people who are in the hospitality trade to assist in the reviewing of applications and in recommending funding levels for the selected applications. Councilor McCallum questioned if both applicants applied for funds for projects they are currently doing or if they are new projects for the organizations. Administrator Brown stated that both groups are have been doing the rudiments of the projects but the groups would like to do a much better job in getting the information out to the public. This also involves the ability of the groups to fulfill an established goal. He also stated that there was a development proposal that was submitted to assist the downtown area, however, it needed more work on the details before funding wo~ld be considered. The City will be negotiating a fee-for service contracts for both of these groups and the evaluators have suggested that quarterly disbursements be made based on some level of reporting activity on the contracts. Mayor Jennings stated that he was pleased that members of the tourism industry were the ones who made the recommehdations on the grant funding rather than the City Council. Councilor Figley stated that she would like the recipients of the grants to report back to the Council within the next 6 to 9 months as to what has been accomplished as a result of the grant funding. The motion to award the grants passed unanimously. 1666 CITY ADMINISTRATOR'S REPORT. Administrator Brown expressed his appreciation to the Department Heads who personally worked on the Personnel Policies & Procedures Manual. This document has been put through a number of revisions and there have been a lot of practical application discussions about how every one of these policies was going to work, the kinds of problems that staff hoped to resolve, and the way in which this document can be fairly and equitably delivered to all city employees. He also thanked Matt Smith who was assigned the task of keeping track of all of the revisions, compiling the document, and preparing the suramary report in the agenda packet. 1742 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he had recently visited the Chamber office and was impressed with their facility which provides a very welcoming location for visitors to our community. Councilor Figley agreed with the comments made by Councilor Nichols and encouraged the public who have not seen the new Chamber office to visit it in the near future. Councilor McCallum stated that Woodbum looked great during the Christmas and New Year season. He thanked the Woodbum Kiwanis and Chamber for sponsoring the Christmas lighting program which has helped to get more residents into the holiday spirit. Councilor Bjelland stated that there will be a meeting on Thursday, January 17th at 6:00 pm in the Keizer City Auditorium, regarding the proposed extension of the commuter rail Page 6 - Council Meeting Minutes, January 14, 2002 , ~ 8A COUNCIL MEETING MINUTES January 14, 2002 TAPE READING system from Wilsonville to Salem. At this meeting, various scenarios will be persented involving the Beaverton-Wilsonville commuter rail line and they will talk about what might be involved in extending the line on into the Salem area. Mayor Jennings thanked the Police Department for his annual tour of the City on New Year's Eve. He stated that he witnessed the well-spent money put into the mobile data terminals in the police cars and he e. ncouraged Councilors who have not seen this equipment in use that they go on a 2-hour ride along with a patrol officer once the remainder of the computer software has been installed. 2017 EXECUTIVE SESSION. Mayor Jennings entertained a motion to go into executive session under the authority of ORS 192.660(1)(h), 192.660(1)(f), and 192.660(1)(e). FIGLEY/NICHOLS... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:36 pm and reconvened at 8:12 pm. 2038 Mayor Jeunings stated that no decisions were made by the Council during the executive session. FIGLEY/NICHOLS... direct staff to proeee.~ with purchase of property located adjacent to the Country Club Rd. well site known as tax lot 600 on the map of the property for the price of $235,000.00. The motion passed unanimously. 2090 ADJOURNMENT. MCCALLUMIBJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:15 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, January 14, 2002 Executive Session COUNCIL MEETING MINUTES January 14, 2002 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 14, 2002. CONVENED. ROLL CALL. The Council met in executive session at 7:40 p.m. with Mayor Jennings presiding. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings 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, City Recorder Tennant, Public Works Director Tiwari (7:40 pm until 7:45 pm) Press Present: Tara McClain, Statesman-Journal John Gervais, Woodbum Independent The executive session was called under the following statutory authority: (1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; (2) ORS 192.660 (1)(la) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; and (3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. ADJOURNMENT. The executive session adjourned at 8:07 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page I - Council Executive Session Minutes, January 14, 2002 MINUTES Woodburn Recreation and Parks Board Regular Monthly Meeting Tuesday, January 8, 2002 7:00pm City Council Chambers 8B 1. The meeting was called to order at 7pm by Herb Mittman. e Role Call Members present: Herb Mittman, Chair; Richard Hammond, Vice Chair; Patricia Watts, Member; Rosetta Wangerin, Member; Ty Burlingham, Member. Staff present: Randy Westrick, Director; Kathy Willcox, Aquatics; Jennifer Goodrick, AA; Kathy Figley, City Council President and Board Liason. ~ Members absent: Sharon Felix, Member; Frank Anderson, Member. 3. Approval of Minutes from December 11, 2001 meeting. A motion to accept the minutes as written was made by Patricia Watts. The motion was seconded by Rosetta Wangerin. The motion was passed unanimously. 4. Business from the Audience: there was none. 5. Business from the Director: Division Reports 1. Leisure Services Division.- Brian Sjothun was unable to attend the meeting and submitted a written report, mostly about basketball. This year there are 256 kids playing AAU ball as well over 500 in the Recreation departments own youth program. Another new program is in development, one similar to the "Mommy & Me" programs from years ago. This program will be held in the Community Center auditorium onThursdays from 9:30 to 11 am beginning February 4, 2002. We will 'provide mats and indoor playground equipment for parents and toddlers to play indoors. This program will continue until the weather improves, when it may move outdoors. Participants will be charged $1 admission to defray cost of equipment. Silverton Hospital has expressed a desire to be involved with this program on a limited basis, and Susan O'Brian will be volunteering with this program as well. Donations of equipment should directed to Brian. 2. Aquatics Division. -. Kathy reported that the pool is very busy with several swim meets this week. Heritage and North Marion schools begin lessons this week. The pool expects to remain extremely busy for the next six weeks. There will be several Saturday closings during January and February due to swim meet season. January is also the month when allllual pool memberships are offered at a 20% discount, so staff has been very busy wilh Page I of 4 renewals. 8B 3. Parks and Facilities - Will be taking delivery of a new playground this week for the front street park location. Randy invited the Board to our annual all staff in-service training from 4pm to 6pm on January 19 at Tukwila Medical Center. Will be incorporating our mission statement into the training and integrating our staff. Will send the board a copy of mission statement and an ivitation. 6. Community Center Update: A. Preliminary Floor Plan-Randy walked the board through the bubble floor plans, beginning with the bottom floor. The open air portion of this floor, consisting of the covered play area, integrates the building with the outdoors. The main floor is the activities center and is designed to maximize the space and to be secure. Randy pointed out that all doors could be seen from the central lobby arena. A multi-purpose room and activity pavilion have been blended into one room, the kitchen is designed to service up to 500,iand plans will also incorporate a kitchenette for smaller groups. Fitness center was added to generate revenue. Activity Room is for dance, aerobics, a large auxiliary meeting room, or a mini-conference room. All rooms will have dividers. We have changing rooms, not shower rooms only or bathrooms only, which will be beneficial for dance classes, quincefieras, weddings, and the like. The mezzanine level overlooks the lobby area and houses administrative offices, a small conference room and a kitchenette. The enclosed Building Program which reflects what the building is to be used for. Also included is a cost analysis of the building and site improvements costs. The Community Center Planning Committee (CCPC) believes that the building needs to be a source of community pride; that it should be a jewel in the neighborhood. The building has been split into two phases: first the community center shown in these plans and second a performing arts center to be designed, built and funded at a later date. This is a synopsis of what the CCPC will continue to look at over the next several weeks, getting more specific in the analysis. Ty Burlingham has asked what sites are being considered. Randy said the comer of Front & Oak, Centennial Park and Legion Park. Ty asked about the K-mart site. Randy said that the site poses several problems, including an asking price in excess of $5,000,000, the fact that it has been zoned for commercial use, and that the building pays $80,000 a year in taxes even when empty. Randy also said that the building was way, way too large for what we need, and the cost to renovate would be prohibitive. ~ Pat noted that there is fitness room designated in the plan, but not a teen center. Also noted that there is no money set aside for fitness equipment in the building plan, but there is money designated for a teen center. Randy said that the funding for fitness center equipment could be funded by a bond, but that funding for the operating costs of a teen center cannot be funded by a bond. Richard Hammond asked if there was anything to prevent this new community center from happening at this point. Randy told the Board that the CCPC will be asking the City Council to have another workshop together on February 4 before making a final recommendation. This is to ensure that both groups are on the same page. If and when they approve, funding is the next Page 2 of 4 hurdle: sending a bond to the voters for approval. Richard Hammond asked if there was any private funding for this project at this time. There are some funding projects locally, such as selling bricks and tiles, like at the library and the pool. Private sources are being explored, systems development charges (SDC's) will also be able to fund these as well. We will apply for a community development block grant program could net up to $600,000. The sale of city surplus properties such as the community garden, the park shop, and the current corfimunity center is also being considered. Randy said that the CCPC has been building on the work from the bond issue that did not pass last year. We have specific floor plans, locations and we will not be asking voters to fund the entire project with a bond, only a portion of the project. The CCPC is trying to look ahead to the needs of the City several years from now as well as to what the City needs today. Rosetta Wangerin asked what the soft cost estimate included. Randy explained that those costs are for engineering, buying property, and making improvements to said property. Square footage costs include things like equipment, furniture, phones and other appliances. Many of the costs are contingent on design and location choices that will be made closer to project time 8B 7. Legion Park Improvement Strategy Herb Mittman reported that the Board as been asked to develop solutions for Legion Park. Illegal activities need to be curbed, and there is a opportunity to expand and improve the park. Herb asked if we should not first master plan the park before deciding to make any improvements. Pat suggested that we have a series of Board meetings at the armory, inviting the parks neighbors to discuss the issues. Randy suggested postponing those meetings until a master plan process is underway. Herb Mittman asked if the neighborhood should be brought into the master planning process to determine how they (the neighborhood) want to use the park. Randy said that the plan should be comprehensive because if the park is improved then the neighborhood would be as well. Richard said the park is good for a major event, but it isn't conducive to public use as is presently. It needs to be patrolled, monitored and lighted more heavily. The layout of park isn't set up so that people want to use it. This makes it attractive to those who want to use it for illicit purposes. The reputation of Legion Park is that it is not a good, safe place to be. The police department needs to be involved and the neighbors need to take back their neighborhood, The playground area was discussed as well. As the discussion ensued it became clear that the safety issue was the key, as well as the need for a master plan. Richard Hammond is afraid that if something is not done soon, that the park will be continue to deteriorate. Rosetta Wangerin wants to involve the neighborhood in the master planning process. Randy said funds to master plan Legion Park are not in the current budget, and when we do this, we want to do it right and involve event coordinators and the neighbors. Randy would like to utilize some one who doesn't live here and can be dispassionate about how the Park can and should be used. Richard asked if we could have the Chief of Police and the Board walk through the park to see what we can do now to make improvements. Pat suggested that the Board visit the park between now and the next meeting to generate new ideas to bring to the next meeting. Richard stated that he realizes that we don't have immediate funding for it right now, but thinks that the park needs to bc rcvampcd. I-lcrb suggested that board members get together with Randy at Legion Park before Page 3 of 4 he next meeting. A tentative meeting was set for Saturday, January 19 at 2:30 pm. Kathy Figley spoke about the improvement at Settlemier Park, crediting the Aquatic Center, a stepped up police presence, and the drop in center have improved the morale and the ambiance at the park. The circulation of legitimate users of park facilities has done much to drive the illegal elements out of the park and has contributed to the improvement of Settlemier Park. She encouraged the board to keep Settlemier Park in mind when considering needs and solutions fol' Legion Park. 8B o Future Board Business A. Board Agenda Items-Legion B. Next Meeting -February 12, 2002 9. Board Comments : Richard Hammond commended Herb Mittman for doing a good job in his newly appointed Chair position. 10. Adjournment: Meeting was adjourned at 8:15 pm by Herb Mittman. Page 4 of 4 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD 8C DATE: January 9,2002 ROLL CALL: Phyllis Bauer - Present Barbara Pugh - Present Marie Brown - Excused Kevin Schiedler - Present Ardis Knauf - Present Pat Will - Present Kay Kuka - Present Mary Chadwick - Present Ex-Officio STAFF PRESENT: Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of December 12,2001 were approved. CORRESPONDENCE: Kevin Schiedler, Corresponding Secretary, read a letter to Linda from Ronn Bevan, Chairperson of the Silver Falls Library Distdct Board of Directors. The letter was written on behalf of the entire Library Board of Directors to thank Linda for her assistance with their recent efforts to hire a new Library Director. Her involvement in the search and interview process was invaluable. He requested that Linda share this letter with the City Manager and Library Board. PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of December was 14,324. Activities: A list of activities was distributed to the Board. The library will be closed Monday, January 21, for the Martin Luther King Day holiday. The Preschool Storytime, Intemet classes, Book Discussion Group and Saturday at the Library continues. On Saturday, January 19, Saturday at the Library presents the "Mad Science" program, "Up, Up, andAway'. The Winter to Spring Sunday Chautauqua Program series begins Sunday, January 27, at 2 pm with "Doty and Coyote: Stories from the Native West" in the Woodburn City Council Chambers. There was a very good article in the Woodburn Independent about Beverly Phillips, Youth Services Librarian. Volunteer of the Month: Adene Wilson was chosen Volunteer of the Month for January. Grants: Verification for funding for three of the Chautauqua programs has been received from the Oregon Council for the Humanities, an affiliate of the National Endowment for the Humanities. The other two Chautauqua programs will be funded by the Woodburn Friends of the Library. Woodburn/Canby Exchange Card Patrons: The letter to the Woodburn/Canby Exchange Card patrons is being prepared to inform them that the Woodburn Public Library will stop issuing the exchange cards as of January 1, 2002, but will honor the use of them through July 1, 2002. If the patrons living in Clackamas want to use the Woodburn Public Library they will need to pay the fee of $75.00 per year per household. OLD BUSINESS: Project Update - Carnegie Exterior: This project has not been completed because of the weather and the holidays. The replacement windows were rejected by the architect, so could not be installed. The wood trim still needs to be painted. Planning Session Reminder: The second planning session has been set for Thursday, January 17, from 4 to 8 pm. NEW BUSINESS: Results of the LSTA District Feasibility Study's Telephone Survey: Deborah could not attend the meeting to report on the survey. Linda will request her to attend the Planning Session on January 17. OLA Conference: The Board members need to let Linda know by the next meeting if they would like to attend the OLA/WLA Conference in Portland April 17 - 20% Election of Officers: The Board voted to elect the following officers: President - Kay Kuka, Vice President - Ardis Knauf and Corresponding Secretary, Kevin Schiedler. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 12:30 pm. Respectfully Submitted, Judy Coreson Recording Secretary 8C Library Board Minutes - 1/9/02 WOODBURN PLANNING COMMISSION December 13, 2001 CONVENED The Planning Commission met in a regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young p Vice Chairperson Cox p Commissioner Fletcher A Commissioner Lima p Commissioner Grosjacques P Commissioner Mill P Commissioner Bandelow A Commissioner Lonergan A Staff Present: Jim Mulder, Community Development Director Scoff Clark, Assistant Planner Chairperson Young provided an opening statement for Public Hearing. INTRODUCTION OF NEW PLANNING COMMISSION MEMBER Chairperson Younq welcomed new Planning Commission member Larry Grosjacques. He commented he is looking forward to working with him. Commissioner Grosjacques remarked he is looking forward to it as well. Chairperson Youn.q extended warm holiday wishes to everyone and the community on behalf of Woodbum Planning Commission. the MINUTES A_.=. Woodburn Planning Commission Minutes of November 29, 2001 Commissioner Mill moved to approve the minutes as written. Vice Chairperson Cox seconded the motion, which carried. B.~. Woodburn Planning Commission Minutes of December 6, 2001 Vice Chairperson Cox moved to approve the minutes as presented. Motion was seconded by Commissioner Mill. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A..~. City Council Minutes of November 13, 2001 Bo City Council Minutes of November 26, 2001 PUBLIC HEARING A_. Conditional Use 01-03, request to convert an existing garage into an additional classroom located at 110 E. Lincoln St., Little Lambs Preschool, Scott Summers, applicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of this request subject to the conditions of approval outlined in the Staff Report 8D Planning Commission Meeting - December I3, 2001 l)agc I ot' 7 Commissioner Mill inquired whether the situation along Lincoln existed since the church's inception in 1967 where the parking was built up to the curb? Staff replied affirmatively. Commissioner Mill also asked if there are any records of any problems with vehicles projecting into the roadway and causing accidents or problems? Staff responded they do not have any records indicating problems. Vice Chairperson Cox questioned Staff if any responses to the public hearing notice have been received from any of the surrounding neighbors? Staff answered No. Commissioner Mill also asked how long has the fence been in existence? Staff replied since 1967 which is when the structure was built. Vice Chairperson Cox inquired if the church representatives have objected to the proposed requirement of making the cyclone fence sight obscuring by inserting slats? Staff stated he has not had discussions with the applicant since the report came out. Vice Chairperson Cox indicated if the applicant has no objections to the proposed requirement, he is not going to argue a case that does not exist. He stated the current ordinance requires that parking spaces not be located in a necessary set back area. Vice Chairperson Cox questioned if the set back aspect is grand fathered, why is the nature of the fence not also grand fathered? Staff responded conditional use applications allow a little leeway as far as conditions of approval. He stated in reviewing this proposal, Staff felt that it would be advantageous to have the slats put in to further screen the parking from the residences. Testimony by the Applicant Scott Summers, Pastor of the Emanuel Lutheran Church, 1500 W. Hayes St., Woodburn, OR stated Staff did a very nice job of summarizing a little bit of the history of the preschool and how it ended up in what was previously the parsonage building. He noted the agenda incorrectly indicates they are seeking to remodel the garage and he clarified they are simply applying for a conditional use permit. Mr. Summers reported the preschool was started in 1989 with about 15 children. The number of children for the preschool continued to grow and the space being utilized in the church became less and less adequate and the needs of the church increased. In the meantime, in 1995, the parsonage was empty for about two years when the previous pastor was called to a new church in Portland and there ~vas an interim pastor that commuted down from Portland. Mr. Summers further explained at that time the church started to use the parsonage for educational purposes and classes. He indicated he and his wife came in May 1997 and preferred to have their own home and to address the space issues they moved the preschool into the parsonage building. Mr. Summers said they did not realize that a permit was needed at that time because they were not making changes on the building. This past year they were thinking of remodeling the garage to have additional space for the preschool and that is when they found they were to obtain a conditional use permit. It was further explained by Mr. Summers that they have since decided not to do anything with the garage because it became more expensive than they had anticipated and the benefit would not outweigh the expense. He stated they are simply going back and try to rectify what they should have done about 4 years ago but were unaware that they needed to do anything. Vice Chairperson Cox questioned Mr. Summers if he is in agreement with the conditions of approval and is 8D Planning Commission Meeting - December 13, 2001 Page 2 of 7 8D the expense of these within his budget? Scott Summers replied they just received the letter last week so he really has not had a chance to address what it would cost them. He stated it does not look like it is unreasonable and in fact, the requirement on the parking would have a stdp between the strip and parking area would probably enhance the looks of the parking lot and the street. Mr. Summers added he believes they could come up with the money to accomplish that. As far as the site obscuring requirement on the fence, he assumes that would not be a huge expense. He requested clarification on the location of the site obscuring requirements. Staff clarified the idea was to have the site obscuring fence go all the way around to the parsonage because of the preschool activities and on the southwest portion of the site. Commissioner Mill asked how long has the chain link fence been there in its present condition? Scott Summers replied he is not sure because it predates his time there. He indicated some of the fencing was put in around 1980. Commissioner Mill questioned if they have received any complaints from the surrounding neighbors about anything negative, i.e., vehicle noise and traffic, ugly fence? Scott Summers responded he has not heard that. Commissioner Lima questioned how many children are in the preschool? Scott Summers reported they currently have about 62 children. He stated the children do not all come in on the same days. Half of the children come in on Monday, Wednesday and Friday and the other half come in on Tuesday and Thursday. Mr. Summers indicated roughly about 30 children come in each day and of that are split in half as to when they arrive. Class hours range from 9 am to 11:30 am and 9:30 am to 1pm. Additionally, he stated he does not predict an increase in traffic. Commissioner Grosiacques asked if there is an actual sidewalk along Lincoln St. or is it paved right to the curb? Scott Summers answered it is paved fight up to the street. Commissioner Grosjacques inquired if the landscape strip will go right along the street or will there be a sidewalk left there and then a landscape area? Staff cladfied there would be a space left between the curb and the parking stalls. He stated they will be able to leave it as asphalt. Commissioner Mill requested further explanation regarding the landscape stdp and the curb. Staff cladfled we are talking about puffing in a landscape strip with a raised curb around the landscape strip leaving about a 4-foot distance, that would be asphalt, between the north side of the landscape strip and the street. He stated there will be plenty of aisle width in that area. Scoff Summers commented to him it would almost look like a fortress around that area if there is a sight obscuring fence going all the way down the side of the property, the back and the other side. He stated they have really tried to work at letting the neighborhood know that they are there and are a part of the neighborhood. Mr. Summers further added they want people to come and feel welcomed there and have really tried to reach out to the neighborhood and be an active part. He expressed concerns that the 6-foot sight obscuring fence would detract the look rather than visually enhance it. Mr. Summers commented people can not see through the fence so it becomes, from his perspective, more of a barrier that is meant to keep Planniag Commission Meeting - December 13, 2001 Page 3 of 7 people out. Dale Adams, 1366 Astor Ct., Woodbum reported she has worked with her family's neighborhood in Seattle and they learned about CTED (Cdme Prevention Through Environmental Design). She stated one of the things learned through this program was that you need to be able to have eyes on the street where people can see into parking lots. Ms. Adams indicated if there are slats in the fence people will not be able to be aware that there is any potential danger. She said she personally does not approve of slats in fences especially if the neighborhood is used to being able to see the goings on and see the children playing on the playground. Marylee An,qlin, 356 E. Lincoln, Woodburn stated she is a teacher and Co-Director of the preschool. She reported there are children that play in the playground on a regular basis. Ms. Anglin further stated the children of the neighborhood often ride their bicycles and skateboards in the parking lot area. She expressed safety concerns for the children in terms of blocking of the fence because visually it might be more likely for negative things to happen there. Secondly, she commented, as a teacher, she likes to have wide open spaces where children can see long distances and it is a lovely neighborhood with the trees and green grass all around. Ms. Anglin stated it bothers her that the children would not be able to see as far distance wise and have that visual stimulation of looking off into the distance and seeing trees and things further away but that their vision would be sort of stopped with the visual obscurity. Testimony by Proponents None Testimony by Opponents None Discussion Chairperson Young closed the Public Hearing and opened discussion to the Commission. Commissioner Mill commented the issues raised regarding secudty are very valid. He pointed out there is a back entrance and a recessed area that is already obscured and also provides real good access if you are inclined to break into the area. Commissioner Mill commented by putting in a site obscuring fence you are eliminating any possibility of casual detection by police or neighbors. Secondly, he stated he does not think that the Commission can necessarily impose removal of the blacktop, installation of a permanent irrigation system and putting in a berm as a condition of approval. However, the fire hydrant issue should be addressed as a condition of approval. He remarked he has come very close to taking that fire hydrant out a few times with his vehicle. Commissioner Mill suggested it should have higher bollards put around it or some type of more of an island. He stated this has been a use since 1967 or before and has not caused a problem. Additionally, he commented he does not recall any incidents here in the time that he has lived and worked for the city. He indicated he does see occasionally the parking spots being used by the residents across the street as an auxiliary parking lot. Commissioner Mill suggested that perhaps some type of a parking lot bumper would probably be a good idea just for risk management for the church but that is a decision that needs to be left up to the church. He commented the residences that are in the area are well set back and he does not see the parking lot as being a detriment in comparison to a high grass vacant lot appearance. He further commented, if anything, the site obscuring fence would shield the chumh from looking into the other yards. Commissioner Mill recommended to add bumpers of some type, isolating the fire hydrant to make it very difficult to hit either by bollards, curbing or both and removal of conditions 4, 5 and 6 as listed on page '11 of the Staff Report. Commissioner Grosjacques stated he visited the facility and it is a nice looking facility. He indicated he sees no reason why we should try to hide the facility. He agreed that the church might run into quite a bit of a cost with the landscape strip. Additionally, he agreed with Commissioner Mill's recommendations. Commissioner Lima disagreed with his fellow commissioners about the fence and feels the slats in the fence Planning Commission Meeting - December 13, 2001 Page 4 of 7 should be part of the recommendations. Vice Chairperson Cox concurred with Commissioners Grosjacques and Mill. He indicated he could justify not requiring a site obscuring fence simply because it was a grand fathered use. However, he agreed there needs to be a bumper strip strictly as a safety concern. Chairperson Young commented there definitely needs to be a bumper strip, parking curb, landscape strip or raised curb along the north end. He stated a landscape strip would help to enhance the property in the neighborhood and the look of the city as a whole as we watch it grow. Chairperson Young stated he favors keeping Condition of Appreval #4 for the landscaping and raised curb to provide some margin of safety. He also addressed the fire hydrant issue and stated that would be taken care of by having the raised curb to protect that area. Chairperson Young indicated the site obscuring fence can be eliminated as long as the fence is in good condition and protects the children from moving traffic and provides them a safe play area. However, he favors the landscaping strip and the raised curb. It was suggested by Vice Chairperson Cox to take a consensus among the Commission how they are coming down on the various issues involved so whoever makes a motion knows what to include and what not to include. : Commissioner Mill indicated his vote would be to make the fence non sight obscuring for the safety reasons he breught forth. He commented St. Lukes School is completely surrounded by a non sight obscuring fence. Additionally, the fence that goes along the side of Hoodview Church of God is not sight obscuring. Commissioner Mill stated he does not see any precedent to make it a sight obscuring fence. He indicated based on his prefessional expertise, a sight obscuring fence is not a good idea. V'me Chairperson COx agreed in eliminating the requirement for slats in the fence. Commissioner Lima commented the area where the church is located is residential as opposed to the other neighborhoods mentioned churches are not. He indicated he does not believe the expense for slats is significant. Chairperson Young agreed with Commissioner Lima in that the analogies were not similar as far as the surrounding neighborhood. He stated he would like, at the very minimum, it read 'the existing fence around the parking lot shall be kept in good condition' if the slats were eliminated. Chairperson Young questioned Staff if the street side from the parking area will be completely covered with asphalt and there is no natural area in between? Staff interjected it is a typical standard of condition to require permanent irrigation for anything except single family or duplex residential. He commented if there is no permanent irrigation, businesses tend not to water their landscaping and let it die. In this situation, because this is such a small landscape strip, if the existing landscaping does not have automatic irrigation and they are maintaining it, it does not make a whole lot of sense to require the applicant to put in an irrigation system just to irrigate a small section. Staff indicated this situation does not require imprevements on the preperty that wou~d require the upgrading of the landscaping. He stated because this is an existing site which can be considered legal non-conforming, the Planning Commission has a lot of discretion under the Conditional Use chapter to impose conditions they deem necessary to pretect the public health and general welfare. Additionally, it is up to the Commission whether they want to impose the conditions or not. There was additional discussion among the Commission regarding the additional landscaping in front of the parking lot. Staff commented not having to put in an irrigation system will save money and the plant materials themselves will probably not be that expensive. He explained the raised curb would go on the parking lot side to protect the planter area. Planning Commission Meeting - December 13. 2001 Page 5 of 7 8D Commissioner Mill remarked the only thing that realistically needs to be addressed for safety sake is to ask for the barrier between the parking stalls and the street, adequate protection for the fire hydrant and the rest should be left to the applicant's discretion if they want to put in the planting stdp. Commissioner Mill moved to approve Conditional Use 01-03 with the following amendments, that initially Condition ~43, Condition #5 and Condition #4 be removed and replaced by a condition which reads that an adequate permanent concrete barrier be installed between the parking stalls bordering Lincoln St. sufficient to prevent accidental egress by vehicles from the parking lot onto Lincoln St. and; that the fire hydrant be given adequate protection by either bollards and/or curbs and if the church later decides to put in a landscape strip that they may do so but that is a condition that is not being imposed and; that Condition #~3 be replaced by a motion which states that the existing fence around the parking lot shall be kept in good condition and good repair and that Staff return with the appropriate findings for the Final Order at the next regularly scheduled meeting. Vice Chairperson Cox seconded the motion. Motion carried with Commissioner Lima voting No. ITEMS FOR ACTION A.~. Cancellation of December 27t~ Planninq Commission Meeting Staff stated traditionally the Commission has cancelled it's second meeting in December due to the holidays and it is at the Commission's discretion whether the meeting is held or not. He informed the Commis{Ion he will not be in that week. Commissioner Mill moved to cancel the December 27~ Planning Commission meeting. Commissioner Lima seconded the motion, which unanimously carried. DISCUSSION ITEMS None REPORTS A.._~. Building Activity for November 2001 B_ Draft Woodbum Development Ordinance Staff reported the Commission has received, after long last, a draft Woodbum Development Ordinance which is intended to replace the existing Zoning Ordinance, Subdivision Ordinance, Access Management Ordinance, Landscaping Policies and Standards and it would also incorporate recommendations that were specified in the Transportation System Plan for implementation that had not been done yet since 1996. At this point, a draft Ordinance, a 46-page comparison between the draft Ordinance and the existing Zoning Ordinance as well as other Ordinances and; a map of the proposed zone changes that will be necessary to implement the draft Ordinance has been provided to the Commission. Staff indicated he would like, at this point, some direction from the Commission as to when they would like to meet to discuss the Ordinance. A public hearing notice will be going out advertising setting the Planning Commission public hearing on January 24, 2002 to consider and to hear testimony on the draft Development Ordinance. Additionally, he reported the same notice is going to set the headng for City Council on March 11,2002. He explained this sets the Commission's parameters on how much time they can spend on this Ordinance. Staff commented this gives the Commission three regular meetings and he anticipates they would want to have at least two public hearings. He said it would work best if Staff provides a Staff Report and present the Draft Ordinance and take public testimony at the first hearing. At the second regular meeting, the Commission would deliberate, provide comments and recommendations and direct Staff to draft comments and/or recommendations they wish to make to the Council which will be brought forward at the City Council meeting. Staff recommended at least one workshop to discuss and raise concerns and/or questions prior to the public hearings. He suggested to hold a workshop at the next regularly scheduled January 10, 2002 Planning Commission meeting. Staff requested feedback from the Commission as to how they wish to approach this. Vice Chairperson Cox commented although there are hundreds of changes, there are very few changes that would be controversial. He believed the regularly scheduled meeting of January 10, 2002 would be l'lanning Comnlission Meeting - Decetnber 13, 2001 Page 6 of 7 8D utilize as a workshop. Chairperson Youn,q agreed with Vice Chairperson Cox. He remarked the Commission does need some time to digest the information provided and become familiar enough to discuss it intelligently. He favored one full meeting and perhaps a second meeting so that the Commission is thoroughly prepared before they have a public hearing. Vice Chairperson Cox inquired what has been done to get the draft Development Ordinance out at the earliest possible time to interested groups in the community, i.e., Realtors, developers, businesses, Housing Associations? Staff informed the Public Hearing notice will be mailed out next week under Measure 56 Notice which requires it be mailed out between 20 and 40 days prior to the first evidentiary hearing. He indicated that notice will provide quite a bit of information about the proposal and where they may obtain a copy of the draft Development Ordinance. Staff indicated every property owner in the City will receive a copy of the notice under Measure 56. There was a consensus among the Commission to hold a workshop on January 10, 2002 with the possibility of holding near future workshops. C.~. Election of Officers Staff reported this is just an annual reminder that during the first meeting in January, new officers will need to be elected. BUSINESS FROM THE COMMISSION Commissioner Lima thanked Staff for providing the phone list of Planning Commission members. Staff suggested changes be made by the Commissioners to the list provided and Staff will issue an updated listing. Chairperson Young expressed his excitement that the railroad track on Hardcastle is being repaired. Additionally, he reported ODOT has been petitioned and ODOT has agreed to maintain the stdp at the crosswalk on Highway 214 by the High School. ADJOURNMENT Vice Chairperson Cox moved to adjourn the meeting. carded. Meeting adjoumed at 8:32 p.m. Motion was seconded by Commissioner Mill, which 8D ATTEST ~,~, ~i,h ~,r~,~,,4[;dn?t~ Development Director Date Cit~f Woodburn, Oregon t'lanning Commission Meeting - December 13, 2001 Page 7 o t' 7 ,City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Date: FrOm: To: Thru: January 22, 2002  ~IL]~ll, Chief of Police Mayor and Council John Brown, City AdministratoF Subject: Police Department Activities - November 2001 8E The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date statistics, and comparisons to the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information, please contact me. lc:cie+ ++1 I 0 0"0000~ 0'0000 OOOoO00,O O-q e e · · e e e · e e e · e e · e.e · e e e e 'T ....T 'r E ~ -'4 I" ~ + + 'I'ii I I I I'1 + 8E I'll Z MEMORANDUM To: From: Date: Subject: The Mayor and Council through City Adminj~trator David Torgeson, Assistant City Engineer ~ January 24, 2002 / · Status Repod - 347 Front Building Rehabilitation 8F Rehabilitation Project As of January 10, when the latest pay estimate was prepared, work was estimated to be about 52% complete. At the same time, about $18,381 of extra work had been authorized by Change Order Number 1. (The initial contract was $244,888.) Additional items will also require changes to the contract. The contract is scheduled for completion March 23, 2002. The demolition and construction have revealed conditions that have not always been favorable to the owner. One of the most noticeable changes is the removal of masonry sidewalls above adjoining rooflines. The original plan would have left some original brick wall visible at the north and south sides. Because the brick was found to be unsound (a century of weathering, and earthquake damage), the decision was made to remove the bdck, rather than present potentially unsafe conditions to occupants and neighbors. This will leave the exterior with metal siding instead. The appearance of the building from the inside will be unchanged from the original plan - the timber framing and covering remains the same. The cost of these changes is about $25,000. Other items that have been attended to include: flaming at elevator shaft, movement of elevator equipment, seismic anchorage of existing second floor members, corrections at stairwells, recycling of wood joist materials, and segregation of bricks from waste stream. The list is not exhaustive. Numerous small changes have been necessary to assure compliance with building codes. City staff has been assisted by a structural engineer, Pete Ketchum, P.E., of Nicoli Engineering, Inc. (Ketchum performed the original, design.) Pete has wide experience with remodel of historic structures. He has evaluated conditions where they appeared to differ from original assumptions, and has prepared design sketches for solution to new problems. Structural design work is underway, to adapt the selected architectural finish of front and rear exterior. With the exception of changes relating to the facade, which have not been priced, project cost is expected to total $290,000. This phase of construction will be completed by the end of March. Page 1 of 1 IOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: January28,2002 To: From: Subject: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director of Community Development/~ // City Council Review of Planning Commission Decision on Site Plan Review Modification No. 01-10 (Woodb~urn Company Stores) - Continued from November 13, 2001 RECOMMENDATION: In regard to Craig Realty Group's application to amend two conditions of approval, the City Council has the following options: (1) Deny the application to amend the conditions of approval. (2) Amend the conditions of approval in the manner proposed by the Planning Commission. (3) Amend the conditions of approval in a different manner. It is recommended that the City Council instruct staff to prepare an ordinance to substantiate your decision. BACKGROUND: At its hearing of September 27, 2001, the Planning Commission considered a request by Craig Realty Group to amend two conditions which were imposed July 26, 2001 on Site Plan Review 00-18 which approved Phases II land III of the Woodburn Company Stores. In its application, Craig Realty Group requested amendment of Conditions of Approval No. 1 and No. 23 which provide as follows: The proposed development shall be in substantial conformance with the approved development plan as shown on sheet AO.1, dated 7/03/01, AO.2,AO.2b, A1.3, A1.4, A2, A2.2, A3.4-A3.6, A4.6 and A4.8, all dated 12/28/00, C-1, C-lb, C-2, dated 12/20/00, L1.1 and L1.2 dated 07/03/01; and Architectural Finishes Board, except as otherwise amended by these conditions. 23. The east/west road identified as the Old Arney Road shall be constructed to the City of Woodburn Standards and Specifications. Minimal cross- ~ IOA sectional requirements shall be as a local access street as designated within the Transportation System Plan. Maintenance responsibilities will be assumed by the City even though a portion of the street will be within Marion County. The street shall be renamed in accordance with the City of Woodburn, Woodburn Fire District and Marion County requirements. Provide proper right-of-way dedications for a local access street, 60 foot minimum width. In addition, provide 10 foot wide utility easement on the south side of the street for the installation of franchised utilities. Specifically, the applicant requested the following modifications: "...A. Eliminate the westerly driveway and the fire department turnaround [on Arney Lane]. Construct a road consisting of a 44 [foot]-wide travel surface with curb, gutter, sidewalk and planting strip on each side of'Arney Lane between Arney Road on the east and the west end of the easterly driveway on Arney Lane. Dedicate 60-feet of right-of-way to the City of Woodburn for Arney Lane between Amey Road on the east and the west end of the easterly driveway. Do Widen the easterly driveway [on Arney Lane] to 36 feet to provide for truck access to and from the Woodburn Company Stores. Eo Dedicate a public utility easement in favor of the City of Woodburn from the west end of the Woodburn Company Stores property to the beginning of the Arney Lane right-of-way consisting of a width between 25 to 42 feet. The purpose of the public utilities easement is to accommodate a public waterline and public storm drainage line to be installed by the applicant. Fo The applicant proposes to dedicate no right-of-way for Arney Lane west of the west end of the easterly driveway nor to make any public improvements beyond the easterly drideway..." On October 11, 2001, the Planning Commission approved a final order amending the conditions of approval in Site Plan Review Modification 01-10. The Planning Commission approved all of the above requests except for "F". The Planning Commission determined that the applicant must dedicate and improve ^rney Lane as was proposed by the applicant and approved by the Planning Commission under Site Plan Review 00-18. Site Plan Review 00-18 requires the dedication and improvement of Arney Lane from existing Arney Road westerly to the west boundary of the subject property. In its decision on Site Plan Review Modification 01-10, the Planning Commission conditioned the proposal to allow the deferral of dedication and SPR Mod. 01-10 City Council Review 2 IOA improvement of Arney Lane to occupancy of Phase III which the applicant has stated will be several years in the future. The City Council at its October 22, 2001 meeting moved to call up for review the Planning Commission's decision regarding Site Plan Review Modification 01-10. The applicant submitted an appeal of the Planning Commission's decision on October 22, 2001, but withdrew the appeal on October 23, 2001 after the Council moved to call up the Planning Commission's decision for its review. The Council held a public hearing on this matter on November 13, 2001. The Council received oral and written testimony and evidence at the hearing. The Council continued the public hearing to January 14, 2002 with the following stipulations: · The staff report will be made available for public review on December 17, 2001. · New evidence and written arguments must be submitted by January 4, 2002. · Oral testimony will be received at the January 14, 2002 headng. The applicant granted the City an extension of the state 120-day land use application processing rule until 5:00 p.m. on January 30, 2002. The Council met in a special meeting on December 19, 2001 and adopted a Revised Order of Procedure. The order of procedure was modified as follows: · The public hearing was continued to January 28, 2002. · The staff report will be made available for public review on December 31, 2001. · New evidence and written arguments must be submitted by January 18, 2002. The applicant agreed to the revised procedures and granted the City an extension of the state 120-day land use application processing rule until 5:00 p.m. on February 15, 2002. Notice of the Revised Order Of Procedure was given to the applicant and other parties that participated in the November 13, 2001 hearing. At the November 13, 2001 Public Hearing, 'City staff raised for the COuncil's consideration an altemative to the Planning Commission's determination, whereby the applicant would be required to dedicate to the City' a 60-foot wide strip of right-of-way from the point where the applicant proposes to conclude road improvements to the westerly property bounds. Discussed in conjunction with that dedication was a non- remonstrance requirement related to the formation of any future LID or similar financing mechanism to support the construction of ^rney Lane through and beyond the applicant's property. The applicant indicated he was not agreeable to such an alternative, but advised he was willing to discuss other alternatiVes with Staff. The extension of time granted by the applicant related to the state 120-day land use application processing rule, and the Revised Order of Procedure adopted by the Council on December 19, 2001 were intended to accommodate process of discussions regarding alternatives between staff and the applicant. SPR Mod. 01-10 City Council Review 3 · IOA Three telephone conferences have been conducted between administrative staff and the applicant since November 13, 2001. As well, public works and planning staff have conducted significant work reviewing the facts and events related to this application, and the Council's previous policy choices regarding right-of-way dedications and requirements for road improvements related to other projects. Despite these discussions and staff work no agreement has been reached regarding the presentation of an alternative to the City Council other than those identified in the recommendations section of this report. ANALYSIS: Response to Council Questions and Concerns At the November 13, 2001 hearing, Councilors Bjelland and Figley had questions and concerns regarding several issues. Councilor Bjelland questioned what is the Obligation of a property owner to provide access to adjoining properties when an approval of a site plan has been conditioned upon a set of agreements and understandings. He stated he would want further evidence to exactly show what the City's requirements are in dealing with this type of property development and the applicant's obligation to provide access to adjoining properties. He also inquired regarding the status of the Phase II and III site plan review in as much as can Woodburn Company Stores build those phases without resolution of this issue. Regarding Councilor Bjelland's first issue, the Phase II and III site plan application was approved with Amey Lane being fully improved and dedicated for the entire length of the subject site. The applicant did not challenge this approval in a timely manner and, based upon the City Attorney's opinion, may have effectively waived its opportunity to challenge it. Therefore, the applicant is obligated to complete the Arney Lane improvements in accordance with the original approval, unless the Council decides otherwise. Councilor Bjelland's second issue relates to providing further evidence to show the applicant's obligation to provide access to adjoining properties. This issue is addressed later in this memorandum. Regarding the third issue, the applicant does have valid site plan approval for Phases II and III and may proceed in conformance with that approval. In fact, the applicant has already 'completed construction of the new parking lot and accesses for Phases II and III, and building permits for the Phase II building have been approved and are ready to issue. Councilor Figley's primary concern had to do with the access issue and the way in which the transportation plan fits into the overall scheme. The Woodburn Transportation Plan (TSP) was adopted by the City Council in 1996 as an element of the City's Comprehensive Plan. The TSP acts as a guide for addressing existing and future access and circulation needs of the City. The TSP addresses the potential extension of Arney Road to the west. Figure 29 "Street Functional Classification Plan", SPR Mod. 01-10 City Council Review 4 IOA shows Arney Lane extending westerly of Amey Road as a "potential local street connection" to property to the west of the subject site. On page 86 of the TSP it states: "Figure 29 also shows potential local street connections in the future to provide better neighborhood access and circulation. This includes extending existing dead-end streets where possible as well as developing connected local street systems within new developments." The extension of Arney Lane will potentially eliminate a dead-end street when the property to the west is developed in that Arney Lane may be extended to Woodland Avenue and/or to the extension of Sprague Lane to provide a through street. This will provide for better neighborhood access and circulation. Figure 32 "Public Transportation Plan", shows Arney Lane extending westerly of Arney Road and connecting to Woodland Avenue to provide "optional bus routing in future as area ~:develops". Both of these figures demonstrate that the City has a legitimate interest in extending Arney Lane to the west. From the fact that the applicant, since 1992 has shown an improved Arney Road on the north side of the property it can be inferred that this read was an essential element of the site's circulation system. The applicant must have considered that the read and two accesses to it was necessary to an adequate site design. Consequently, a road at this location was considered necessary for the applicant's own needs. That this is true is also suggested by the fact that the applicant proposed not only the improvement minimally required by Public Works, but a wider street. In providing for the site's own needs the site plan, as approved, also provides for access to neighboring areas. Response to Other Issues Raised at Council Hearing The applicant raised an issue relating to whether it proposed the improvement of Arney Lane or was required by City Staff to provide it. There is a great deal of history to this issue including that improvement of Arney Lane was shown on the first proposal for a factory outlet mall submitted by a different developer which was approved in 1992. The realignment of Arney Road and improvement of Arney Lane was shown on those plans, although Arney Lane would only extend to the Ci,ty boundary at that time which was where old ^rney Road turned south (approximately midway along the north boundary of Phases II and III). Regardless of the history, the fact is that the applicant's plans submitted with its site plan review application showed Arney Lane fully improved to 44 feet of width with parking on both sides (this exceeds City standards in that only a 34 foot improvement is required). In addition, the plan submitted by the applicant to the Army Corps of Engineers for a wetland permit prior to submitting its site plan review application also showed improvement of Arney Lane. These two facts combined with the fact that the applicant did not raise or challenge the improvement of Arney Lane before the Planning Commission implies that the applicant proposed the improvement. SPR Mod. 01-10 City Council Review 5 IOA Additional Findin.qs in Support of Arney Lane Dedication and Improvement To address the issue of whether to allow a street dedication and improvement that is less than approved in July, staff believes there are additional findings that may be made. The Woodburn Zoning Ordinance (WZO) sets out site plan review criteria which must be satisfied before a site plan application may be approved. Site plan review criterion (d) (VVZO Section 11.070) requires that: "(d) Access to the public streets shall minimize the impact of traffic patterns. Whenever possible, direct access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature." The modification to the site plan proposed by the applicant to eliminate the easterly driveway on Arney Lane will not minimize the impact of ~affic patterns. By removing the easterly driveway on Arney Lane, traffic accessing the north part of the development will be concentrated at the westerly driveway. A large parking area is located at the northwest corner of the site. It is anticipated that a significant number of vehicles will park in this parking area and these vehicles would logically enter the site at the Arney Lane driveway or the northerly Arney Road driveway. Regardless of which driveway vehicles use to enter the site, they would be forced to constrict to one drive aisle west of the Amey Lane driveway. In addition, it is estimated that at least 50 percent of delivery trucks would enter or exit from the Arney Lane driveway. This would create an unsafe situation where a significant number of vehicles and trucks would conflict with vehicles backing out of parking spaces along this drive aisle. As a result, the proposed modification would cause on-site traffic circulation to be unsafe and would not minimize traffic impacts. Similarly, the proposed modification could cause access from Arney Road to back up because the east access is close to the corner of Arney Road and Arney Lane. Only by retaining the westerly driveway on Arney Lane can this situation be avoided without a significant modification to the site plan. The applicant has not proved that the traffic impacts will be minimized. In regard to improvement of Arney Lane, the applicant, at a minimum, is responsible for providing the minimum improvement necessary to provide for safe pedestrian, bicycle, and vehicular movement. Public Works staff indicate that the minimum improvements necessary to provide for safe pedestrian, bicycle, and vehicular movement is as follows: · Two 12-foot wide travel lanes. · Six-foot wide sidewalk on applicant's side. · Five-foot wide bicycle path on both sides. · Necessary drainage facilities including curbs and gutters. The above minimum improvements would require the applicant to provide a minimum dedication and improvement 40 feet in width extending to the westerly boundary of the subject property. SPR Mod. 01-10 City Council Review 6 IOA Additional Findings in Support of Waiver Arqument The applicant has constructed all Phase II and III site improvements permitted by SPR 00-18 except for buildings, landscaping, and the portion of Arney Lane in question. These improvements include wetlands mitigation, parking lot paving and striping, curbing, driveway construction, and storm drainage improvements. The applicant has constructed these improvements in reliance upon the SPR 00-18 approval. The City relied upon the applicant's proposed improvement of Arney Lane in its decision to approve Phase I and Phases II and III of the development. At this time, with the applicant completing all site improvements for Phase I and most site improvements for Phases II and III, the City is not in a position to deny SPR 00-18 based on the lack of improvement of Arney Lane. The applicant has already relied on these previous approvals to complete these improvements. A history of the sequence of approvals pertaining to old Arney Road (Arney Lane) is provided in the attached memorandum from Randy Scott of the Woodburn Public Works Department. Improvement of ^rney Lane has been contemplated since the original approval of a factory outlet mall in 1992. This original approval, which was not exercised by the developer, included vacation of old Amey Road which traversed through the site and improvement of a realigned Amey Road with improvement of old Amey Road (currently Amey Lane) along the north side of the site. Attachments: Attachment "A" - Memorandum from Randy Scoff dated December 4, 2001 SPR Mod. 01-10 City Council Review 7 MEMO To: From: Subject: Date: Jim Mulder, Community Development Director Randy Scott, Senior Engineering Technician [~5 Woodburn Company Stores, Old Arney Road December 4, 2001 A'I-i'ACHMENT A From the initial approval criteria established with the Chappell Development, Factory Outlet proposal in 1992, it is apparent the East/West Road, that portion of Arney Road that was intended not to be vacated, was proposed, conditioned and intended to be improved as public road meeting city standards. The extension of an EasVWest Road was not proposed or made a matter of record until 1996 with the adoption of the transportation plan, which indicated the extension fi.om Arney Road as a potential local access: In 1998, phase one of the Woodburn Company Stores based its application approval criteria on that establish in 1992 approval. A number of the 1992 conditions were however modified and/or clarified. In regard to the improvement of Old Arney Road, the condition was intended to be modified, which deferred the improvements until the future expansion of the outlet. This modification was indicated in the final order approved by the Planning Commission, however it is not within the final ordinance approved by Council. With the annexation of the 8 acre parcel for Phase II and Phase III a condition of approval was established that" the access improvements required along the north line of the property shall be determined at the time of site plan review". Prior to Craig Realty making application for site plan review, Craigs engineer contacted me regards to our anticipated requirements for this extension. My response to him is based on the TSP requirements ora local access street. My response by letter is included as Attachment "J". The site plan submitted for site plan review for Phase II and III of the Woodburn Company Stores showed the improvement of Old Amey Road and the extension of that road to the west boundary of the proposed site. Staff conditioned the improvement to comply with TSP. The applicant's proposal exceeded city requirements. Attached is the approval sequence in regard to Old Arney ', Road and its extension. 1992, City Approved Chappeli Development For 250,000 Square Foot Factory Outlet. The application as submitted proposed for the relocation of the existing north/south portion of Arney Road through the property. The application as submitted showed an East/West Road in the location of Old Arney Road, which was not to be vacated. Site plan submitted with application is included as Attachment The proposal had two access points from the outlet mall to this East/West Road. The city conditioned improvement requirements for this proposed road, condition as follows. "The existing Arney Road shown on the north property line of the development shall remain a public street, from the relocated portion of Arney Road to the West End of this development. This shall be improved with a 34-foot street section, curb to curb, 5-foot sidewalk on the south side except for that portion being relocated, this shall have 5-foot sidewalks on both sides. An additional 10- foot street dedication shall be required on the south side of the existing Arney Road right-of-way, which is not to be vacated along the north line for a total right-of-way of 50 feet. The rededication portion connection of this, however, shall be 60 feet." Eo Another condition relevant to the discussion is as follows; "The proposal was also conditioned to' assist the city in amending the 1985 Transportation Plan for the Highway 214/I-5/Parr Road area, prior to development, to bring it into compliance with OAR 660- 12-060(1)(b). regarding adequate transportation facilities to support proposed land use. No development of the property or amendment of the land use designations will be permitted until the transportation plan for the affected transportation facilities complies with OAR 660-12-060(1 )(b)." 10A 1996- The Transportation System Plan Is Adopted BY Ordinance No. 2170. A. The Transportation System Plan identified an extension of an East/West Road beyond the existing Old Arney Road as a Potential Local Street Connection. Included as Attachment "B". o 1998- Craig Realty, Submits And Receives Approval For Phase One Of A Factory Outlet Center Applicant submitted for Zone Map Amendment From ID to CR on 4.58 Acres, Approval of site plan review on 31.24 Acres, Comp Plan Amendment from High Density Res. to Commercial on 0.38 Acres and a determination that conditions of approval of Ordinance No. 2097 are satisfied. Ordinance No 2097 is the 1992 approval. e The plan as submitted with the application showed no improvements north of the northerly drainage way except for the temporary reconnection of Arney Road. Improvements beyond this would be included in a future phase. Site plan submitted with the application is included as Attachment "C". The applicant included verbiage in the application that concluded the development could comply with the 1992 condition of approval in regard to the improvement of the existing Amey Road. Argument is included as Attachment "D". Ce Though the negotiations with the developer the 1992 condition of approval in regards to the Old Amey Road was modified to defer the street improvements until the future expansion. The modification was acknowledge and accepted by the applicant. Modification is included as Attachment "E', applicants acknowledgement is included as Attachment "F" Do The final order approved by the Planning Commission included the modified condition. The Final Ordinance prepared by the applicant's attorney, which was approved by the City Council did not include the modified condition. 1999., Craig Realty Submits Petition To Vacate And Rededicate A Portion Of Arney Road In Conjunction With Phase One Approval. The Petition Was A Granted Subject To Certain Conditions. The vacation was subject to certain conditions. Conditions are Included as Attachment "G". IOA 1999, Craig Realty Submitted And Receives Approval Of Annexation, Comp. And Zone Map Amendment For Phase II And III Of The Factory Outlet Center. The annexation was subject to certain conditions, one condition related to the ex-tension of Old Arney Road, "The access improvements required along the north line of the property shall be determined at the time of Site Plan Review". Conditions of approval are included as Attachment "I" After this approval and prior to application being made for site plan review, Craig Realty engineer contacted me in regard to number of issues, one of which was in regard the requirements for the extension of Old Arney Road. The following is portion of the letter to the engineer with my response. "I have also included the ordinance approving the annexation of the subject property, Phase Two. You will find In the conclusions and conditions on page 24 it is very clear in requiring, that access improvements required along the north line of the property shall be determined at the time of site plan review. I have discussed the access issues with the Community Development Director. On preliminary basis I can not see a reason the existing Right of Way of remaining portion of Arney Road could not be used and widened for this Northerly Road. This would also need to be acceptable with Marion County. Westerly beyond that, the right-of-way would need to be entirely within the Urban Growth Boundary. The Transportation System Plan (TSP) designates this Northerly connection as a potential local street connection. I believe the minimum improvement for this section would be an Access Street, with bike lanes and no parking. In accordance with the TSP the cross section would be a 60 foot wide right-of-way, 34 foot improved surface, curb to curb, 4.5 foot planter strip and a six foot sidewalk. In addition five foot utility easements would need to be provided on each sid~ Included as Attachment "J' is the entire letter with my response. September 2000, Civil Engineer For Craig Realty Submits Curtsey Copy Of Civil Engineering Plans To Widen And Improve Stampley Driveway. Stampley property is located to west of the outlet property; the project included installing three new 42" diameter culverts within Senecal Creek at width that would accommodate the extension of the future extension of IOA Old Amey Road. The project also included filling and installing a base rock for the driveway. The plan as submitted shows vertical and horizontal alignment for the future roadway and right of way. The Plan is on file. The project was not within in the city boundary, all approvals and permits where issued through Marion County. Permits were obtained through the appropriate State and Federal agencies for this work, Division of State Lands, Army Corp. Project site plan for DSL permit is included as Attachment "H". 7. September 2000, Craig Realty Submitted And Receives Approval For Site Plan Review Of Phase II And III. Bo Do The site plan as submitted showed the improvement of Old Arney Road and extension to the west boundary of the recently annexed property boundary. The street improvement exceeded the requirements of the 1992 approval in both width and length. Site plan is included as Attachment The site plan as submitted showed a right-of-way dedication of 70 feet in width, the right of way tapered to a 60-foot wide section at the West property line, this exceeded city requirements. The proposal showed two access points from the outlet mall to Old Arney Road. The city conditioned improvement requirements for this proposed road, condition as follows. "The east/west road identified as the Old Arney Road shall be constructed to City of Woodburn Standards and Specification. Minimal cross sectional requirements shall be as a local access street as designated within the Transportation System Plan. Maintenahce responsibilities will be assumed by the city even though a portion of the street will be with the Marion County. The street shall be renamed in accordance with the City of Woodburn, Woodburn Fire District and Marion County requirements. Provide proper right-of-way dedications for a local access, 60-foot minimum width. In addition provide 10 foot wide utility easement on the south side of the street for the installation of franchised utilities" The Civil Engineer submitted plans for approval of the construction of the off-site improvements for Phase Il and Ill. The off site plans included the East/West road (Old Arney Lane) and the realignment of Arney Road. The plan as submitted was dimensionally basically the same as the plan submitted for site plan review in regards to width and length. The off site construction plan was approved on August 1,2001 PublicWorks Permit for construction of off site facilities was issued on August 16, 2001. 10A 8. September 2001, Craig Realty Submits Application To Amend Conditions Of Approval For Phase One And Phase Two. ~ PRCIFIC INC. ATTACHMENT "A" r-us r-~ ~ ~ec ia .~-~ l I ATTACHMENT "B" 10A 10A .1 ATTACHMENT "C" IOA ! ~ I I I I ~ATC~ L~E ~E ~t~T \ \ ATTACHMENT "C" OOMPOSITE UTILITY PLAN IOA Finally, condition of approval B(3) required that the plan map amendment be limited "to consist only of the Factory Outlet Center as described by applicant." On June 11, 1996, the City council adopted Ordinance No. 2170 amending the Woodburn Comprehensive Plan to incorporate the Woodburn Transportation System Plan ("TSP"). (See Exhibit 4.) Among the findings adopted by the City council is finding K(2) which addresses OAR 660-12-060(1). Finding 2 states: "The City council finds that the transportation system plan adopted herein complies with OAR 660-12-060(1)(b) for the affected transportation facilities, including but not limited to the Highway 214/I-5 Interchange/Parr Road area.' The ordinance also notes that the Oregon Department of Transportation ("ODOT"), Marion County and the Deparmaent of Land Conservation and Development:("DLCD") had notice of the ordinance, commented on it and that the City reviewed, considered and incorporated some of the agency's and county's suggestions. (See Exhibit 3.) G. Relocation of Arney Road. Amey Road presently cuts through the middle of tax lot 200. This application anticipates that Arney Road will be vacated and realigned parallel to I-5. Condition of approval C(b)(4) of the 1992 decision provides: "The existing Amey Road shown on the north property line of the development shall remain a public street, from the relocated portion of Amey Road to the west end of this development. This shall be improved with a 34-foot street section, curbed curb, five foot sidewalk on the south side except for that portion being relocated, this shall add five foot sidewalks on both sides. An additional ten foot street dedication shall be required on the south side of the existing Arney Road fight-of-way which is not to be vacated along the north line for a total right-of-way of 50 feet. The rededication portion in connection with this, however, shall be 60 feet.' The applicant and the County have subsequently determined that the UGB is located on the north side of Arney Road. The condition of approval requires that the applicant agree to improve existing Arney Road as identified. In 1992, the Transportation Planning Rule ("TPR") did not exist as it does today. OAR 660-012-0065 provides for certain transportation uses to be located outside of the UGB and nevertheless be consistent with Statewide Planning Goals 3, 4, 11 and 14. OAR 660-012-0065(3)(b) lists "transportation improvements that are allowed or conditionally approved by ORS 215.213, 215.283 or OAR 660, Division 6 (Forest Lands)." PDXIA-10~455.1 27080-0001 Page 4 of 14 ATTACHMENT "D" ATTACHMENT ~ Page ~ of ~ '-/ more than 45 days notice of the City's final hearing on adoption which is required by OAR Chapter 660, Division 18. Moreover, to the extent DLCD's comment raises a procedural error, the City Council finds that the agency's substantial right to a full and fair hearing and an opportunity to make its case have not been prejudiced. ODOT and DLCD placed letters into the record and ODOT's representative appeared at the May 10, 1999 City Council hearing. Thus, both agencies had a full and fair opportunity to make their case.2 IV. CONCLUSIONS AND CONDITIONS. The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. (1) The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. (2) The delineation of the wetlands and the required mitigation measures approved by. the Division of State Lands shall be required at the time of Site Plan Review. (3) This approval is limited to a factory outlet center. 10A (4) That there be no development of Phase H until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily. (5) That the site plan review application shall satisfy OAR 660-12-045. (6) That the applicant shall not be required to submit an additional traffic impact study but that traffic mitigation shall be addressed at the time of site plan review. 20DOT requested that the City Council record remain open at the May I0, 1999 hearing. ORS 197.763(4)(b) provides that a City Council may continue a hearing when it is not the initial evidentiary hearing. The initial evidentiary hearing in these applications was the February 22, 1999 Planning Commission heating. The City Council notes that ODOT's representative did not object to the City Council's denial of his request that the record remain open. Page 24 - Findings and Conclusions ATTACHMENT "I" May 12,2000 CITY 270 Montgomery OF Street WOODBURN Woodburn, Oregon 97071 981-71 , 10A Mr. Ray Engle Westech Engineering, Inc. 3841 Fairview Ind. Dr. SE, Suite 100 Salem, OR. 97302 RE: Woodburn Company Stores, Phase Two Dear Ray Please find enclosed the Senecal Creek East Tributazy Capacity Analysis prepared for the City of Woodbura by Oakley En~neering in 1994. As I indicated on the phone, the city currently is going through the process of adopting the Storm Water Management Plan, this would be a part of that plan and should at this time be considered in dra~ form. I have also included the ordinance approving the annexation of the subject property, Phase Two. You will find In the conclusions and conditions on page 24 it is vet3t clear in requiring that access improvements required along the north line of the property shall be determined at the time of site plan review. I have dizeussed the acce~ issue~ with the Community Development Director. Oa preliminary basis I can not see a reason the existing Right of Way of l~mnining portion of ~ Road could not be used and widened for tl~ Northerly Road. This would also need to be acceptable with Marion County. Westerly beyond that, the right-of-way would need to be entirely within the Urban Growth Boundary. The Transportation System Plan (TSP) designates this Northerly connection as a potential local street connection~ I believe the minimum improvement for this section would be an Access Street, with bike lanes and no parking In accordance with the TSP the cross section would be a 60 foot wide right-of-way, 34 foot improved surface, curb to curb, 4.5 foot planter strip and a six foot sidewallc In addition five foot utility easements would need to be provided on each side Again this information at this time is preliminary and subject to the site plan review process as indicated in the annexation ordinance. If you have any questions or need additional information please don't hesitate to contact me at 503.980.2427. Best regards, CE Tech III CC: Commumty Development Director ATTACHMENT ,,j,, IOA OAR 215.283 lists uses permitted in Exclusive Farm Use zones in non-marginal lands counties. Marion County is a non-marginal lands county. ORS 215.283(1)(I) provides: "1. The following uses may be established in any area zoned for exclusive farm use: * * * (1) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.' The City can find that the imprOvement of Arney Road as required by condition of approval C(6)(b)(4) is permitted purmant to ORS 215.283(1)(I). Arney Road is a public road and the condition requires its reconstruction without the addition of new travel lanes. The applicant will submit a separate application to vacate part of Amey Road and dedicate a new tight-of-way to the City. H. Proposal. This application includes four requests: (1) A zoning map amendment in conformance with the Woodburn Comprehensive Plan map on 4.58 acres from "ID" to "CR" on tax. lots 702 and 800; (2) A Plan map amendment from "High Density Residential" to "Commercial" and a zoning map amendment from "RM" to "CR" on .38 acres of tax lot 300; (3) A modification to the approved site pi, an consistent with the 1992 site plan approval on tax lots 200, 300, 702 and 800; and (4) A determination that certain conditions of approval in the 1992 decision have been or can be satisfied so that the City can determine that the comprehensive plan and zoning map amendments are final. ATTACHMENT "D" PDXIA-104455.1 27080~0001 Page 5 of 14 The City Council will be reviewing the tramc Impact lee struct~r~ later this year and ~ould potentially modify the I~-"~'ntage that wOUld be charged. The applicant ~OUld be responsible for the traffic Impact fee and stormwater 6DC in place and approved by council at the Ume building permits are Isrme{L 10A Notc: Item numbers di~ in this document are referenced from the 1992 factory outlet conditions of approval SECTION 6: PUBLIC WORKS General Conditions: Items I thru 6, No Change B. Street Conditions: Item 1, ~ Item 2 and3, Modify_; The right-of-way and improved cross section of the rededication of Amey Road shall comply with the adopted transportation plan. Amey road is identified ms a service collector and shall be improved adjacent to this development Item 4, Modif~;_ ~ may be deferred until the future expansion in regards to the actual street improvemems. Item 5, 6 and 7, ~o chanffe Item 8, The transportation system plan ('rsP) has been completed. The improvemet~ts ' options identified in the condition shall be deleted and modified as required improvements; per the following. A_ The existing portion of Amey road from the south boundary of this development shall be improved and shall be extended to W6odland Avenue. The improved section shall be in conformance with the TSP, Amey Road is designated as a Service Collector. This condition is as per the recommendations within the submitted transportation impact analysis. 2 ATTACHMENT "E" June 16, 1998 CP. siG Rr~tTy (;Roue 10A Mr. Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Re: Woodburn Company Stores Applicant's Response to Proposed Conditions of Approval Dear Steve: This letter shall serve as our formal response to the "draft" conditions prev,~ted at the June I0, 1998 "Fadlities Meeting" at the of approval which were we do not believe the City of Woodbura Woodbum City Council chambers. While additional conditions or the Oregon Department - of Transportation m_~y impose due to the extstence of the valid prior appr6vfi for a factory outlet center at the zubjec~ site (Council Bill No. 1437, ~ No. 2097), we nonetheless have given thorough consideration to each of thc newly proposed conditions and/or recommendations in an attempt to provide mitigation of all imPacts of our proposed project. :,xtoneaamgs aha nu~ .eneal references are melud~ in this document, such references correspond to those of the "draft" document. The respon~ to such proposed conditions are as follows: Oregon Department of Transportation ("ODOT") - h a t i 4 Applicant shall provide two (2) westbound through lanes within the existing ODOT oWned right-of- way which would include and is limited to the area west of the Shell Station's westerly property line to the westbound white "stop bar" located on the east side of the I-5 bridge. Should Highway 214 widening be required, the improvements will include curb, sidewalk, gutter, asphalt overlay and durable striping. A proposed solution, which includes pavement restfiping, is shown on the attached Exh/bit "A". 'All improvements shall be constructed to ODOT standards and specifications. ATTACHMENT "F" I ¢,{~) Quail Strcct. St,itc ltKL 714. 22-~.-~100 Fax:-1.~.224.41(ll Aiy for such credits to ofr~ said fees (TIF and SDC~ for Applicant's improvements constructed, and Applicant shall receive a-edits) and/or reimbursement for same within thirty (30) days of Applicant's submittal ofapplicable invoices and lien re. leases. Should applicant spend more for such contemplated improvements ~han the actual TIF, the City of Woodbum will not owe the Applicant the difference. ¢i(v_ of Woo#b~n - P~blic Worl~ General Conditions Items I through 6, no change. B. Street Conditions Item 1, no change. Items 2 and 3, Applicant accepts such proposed modification. Item 4, Applicant accepts such propose~l modification. Items 5, 6 and 7, no change. Item 8 Ao Modified asfollow~: Hetsh~er Motors shall continue to be respousible for costs associated with improvemeal/s to Amey Road fight-of-way along their 0tershberger) street frontage., estimated to be 300 lineal feet. Applicant shall improve Amey Road from southerly point of Hershbager Motors' property to the point whe~ previous improvements to Amey Road at north property line of Miles Chevrolet have beeo completed. City will prepare and enter into a tdm~t ~ so that'Applicant shall be re/mbursed by other OWilt~ of propt~ty alOllg ~ Road wh{~ ~ im?roYemeats ale to be placed, based upon a proportionate amount of street frontage along the section of Amey Road from the southerly port/on of the Hershberger Motors property to the connect point of the previous M/les Chevrolet Amey Road /mprovana~ the total amount of approximnt~-ly 1,700 lineal feet, for their fair share of/mprovement cost. Miles Chevrolet shall be exempt from such reimbursement as M/les has previously de~licated a port/on of the necessary roadway right-of-way. By way of example, if'there are 1,000 lineal feet of new Arney 'Road improvements between Hershberger Motors' most southerly point on Arney Road and existing full width improvements at the northerly side of Miles Chevrolet previously installed, and ifa future Applicant of development has 100 feet of frontage along newly improved Amey Road, such Applicant would pay 10'4 of the actual improvement costs. The City of Woodbum shall be responsible for a portion of such roadway improvement costs, based upon existing "background traffic". ATTACHMENT "F" 10A MEMO To: From: Subject: Date: City Administrator for Cou,ncil Action Randy Scott, C.E. Tech III, Through the Public Works Director Amey Road Right-of-Way Vacation March 2, 1999 RECOMMENDATION: After public hearing, by motion; instruct staffto prepare an ordinance vacating that portion of Amey Road, subject to the conditions outlined below: CONDITIONS OF APPROVAL: A rePlacement 74 foot wide right-of-way is to be rededicated to the City of Woodbum, as identified in Exhibit 4 and descxibed in Exhibit 5 of the petition. The petitioner shall improve the street which is desighated as a service collector in accordance with current dty standards The petitioner shall comply with conditions of approval as established by the Board of Commissioners for Marion County, by board order, transferring Jurisdiction this portion of Amey Road to the City of Woodbum. Board order included in the petition as Exhibit 1. o The lx~titioner shall apply through Marion County for a street name change and pay all fees associated with such change for the remaining east/we~ portion of Amey Road, as required by Marion County Public Works, identified in Exhibit 10. 'X ]~ACKGROUND: I. Findings of Fact: Location: The proposed right-of-way to be vacated is that portion located North of the Hershberger Motor Development and' within the property deeded to Craig Realty Cn-oup-.-Woodbum LLC (Woodbum Company Stores). A location map is provided on Exlu'bit 2. A legal description of the area to be vacated is provided on Exhibit 3. Jurisdiction: The City Council by Council Bill No. 1912, Resolution No. 1501 accepted jurisdiction over this portion of Amey Road subject to Marion County Surrendering said jurisdiction. The Marion County Board of Commissioners by Board Order, surrendered jurisdiction of this portion of Amey Road to the City of Woodburn subject to certain conditions. These conditions established by said order shall be the ATTACHMENT "G" US Army Corps of Engineers Portland District 30 Day Notice PUBLIC NOTICE 10A JUN For PERMIT APPLICATION PUBLIC WORKS Issue Date: June 14, 2000 Expiration Dale: July 14, 2000 Corps of Engineers Action ID: 200000023 Oregon Division of State Lands Number: RF-21906 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. Comments: Comments on the described work should reference the U.S. Army Corps of Engineers number shown above and should reach this office no later than the above expiration date of this Public Notice to become part of the record and be considered in the decision. Comments should be mailed to the following address: U.S. Army Corps of Engineers ATTN: CENWP-OP:GP (Mr. Dan Gresham) P.O. BOx 2946 Portland, Oregon 97208-2946 Applicant: Craig Rea!B' Group Location: Section 12, Township 5 South, Range 2 West, a tributary of'Senecal Creek, mile 12 in Marion County, Woodburn, Oregon. Project Description: The applicant proposes to fill 0.70 acre of jurisdictional waters (stream and freshwater wetland) to complete construction of its factory stores development on a site west of Interstate 5 and north of Oregon Highway 214 interch .ange in Woodburn. The first phase of the development is complete, construction having begun in 1998. The applicant now proposes to construct phases II and III, which will complete the project. Phases Il and III would be constructed to the north of the first phase, and would consist of four buildings. Plus an addition to an existing building. These structm-es would provide an additional 173,792 square feet of leasable area, plus an additional 535 parking spaces. The. total leasable area would be 414,884 square feet. Stormwater detention and treatment would be provided on-site through a system of pollution control inlets, sediment manholes, and underground detention pipes. (see attached maps for more detail) Purpose: To provide an integrated multi-product retail facility to serve mid-Willamette Valley residents, travelers and tourist that offers customers access to a variety of retail products in a setting that has good vehicle access and visibility from Interstate 5, adequate parking, and is ATTACHMENT "H" \ \ CRAIG REAl. fY OROUP- WOOOBLIRN I. LC jj WOOOeURN COMPANY STOflE3: WETLAND' MITIGATION PLAN I1~ .... I"':~,,.~ ....... --: ~ PACIFIC . . llA MEMO TO: FROM: Subject: Date: City Administ.r.~r for Council Actior~'''~'' Julie Moo~:~. E. Tech III through Public Works Director Stop sign installation on Pana Street, Luba Street and Country Lane where they intersect with Bridlewood Lane January 23, 2002 RECOMMENDATION: It is recommended that Council approve the attached resolution for the installation of stop signs on Luba Street, Pana Street, and Country Lane all where the streets intersect with Bridlewood Lane. BACKGROUND: Steklov Addition Phases 1 and 2 are now completed and most of the lots are built out. Bridlewood Lane, which extends fi~om Brown Street to Ogle Street, is the main roadway through the subdivision. Pana Street forms a cross intersection and Luba Street and Country Lane form tee intersections with Bridlewood Lane. Bridlewood is used by residems in the South Brown Street area to access South Boones Ferry Road. MUTCD states that stop signs can be warranted at the intersection of a less important road with a major roadway where application of the normal right-of-way rule would not be expected to provide reasonably safe operation or on a street entering a through street. It is recommended that stop signs be installed on Pana Street, Country Lane, and Luba Street where they intersect Bridlewood Lane to increase safety and assign right-of-way to the street that acts like a service collector. COUNCIL BILL NO. RESOLUTION NO. 2369 A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON PANA STREET, COUNTRY LANE AND LUBA STREET WHERE THEY INTERSECT WITH BRIDLEWOOD LANE. . .llA WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that STOP signs be placed on Pana Street, Country Lane, and Luba Street where they intersect with Bridlewood Lane, NOW THEREFORE, TIlE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed on Pana Street, Country Lane, and Luba Street where they intersect with Bridlewood Lane. City Attorney Approved: Date Richard Jennings, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. Z LU LU 3/ llA · o liB RECREATION AND PARKS DEPARTMENT DATE: TO: FROM2 RE: JANUARY 23, 2002 ~L, kYOR AND CITY COUNCIL VL~ JOHN BROWN, CITY ADMINISTRATOR D. RANDALL WESTRICK, RECREATION AND PARKS DIRECTOR~~1 CA,e~.AI~F. SI }RGI:t, FACII,ITY l ISF, AGR~.F.N~:r. NT ~-~commendafion: As recommended by the Recreation and Parks Board, approve the attached Facility Use Agreement for the Cascade Surge soccer club. At the December 11, 2001 meeting, the Recreation and Parks Board reviewed an application from the Cascade Surge to make Legion Park their 2002 home riel& The Cascade Surge is a minor league soccer dub that competes in the United Soccer Leagues (USL). The USL Northwest Division is a Premier Development League that includes teams representing Seattle, Spokane, Yakima and Calgary. This league is one levd below professional soccer. The Surge is owned and operated by Reaching Kids Through Sports. This organization is a 501-c-3 non-profit with the goal of fulfilling the needs of today's youth to learn positive values induding: Integrity, Sdf-Disdpline and Leadership Skills through teachings within team sports. Reaching Kids Through Sports operates the Cascade Surge with the purpose of community service in particular to provide opportunities for children to: · Attend Minor League Soccer Games · Have Quality Family Entertainment · See Positive Sports Role Models · Access Quality Coaching In addition to minor league soccer, the Surge also sponsors youth soccer teams, soccer camps, international soccer tours and youth outreach through local schools. The Recreation and Parks Department will work with the Surge to involve Woodbuln schools and Department programs in these programs. The Surge season runs May through July. They are proposing nine home matches and practices at Legion Park. Some use of Centennial Park has also been discussed. llB R~.CR~ATION] ANY) PAR~S I")~',PA RTN~,,NT: CA,RC. AI3F, S! YRG~ I~'ACII,YFY ! ISE AGRF,,F~,M~r~,NT ~ "' ~ Di$CLISSiOn.' The Surge will rent thc stadium and soccer field according to the City's standard rental rates. This rental package will generate about $150 per date or 20 percent of each date's ticket sales; whichever is greater. The City may apply the value of facility improvements to the rent such as a new scoreboard. A second revenue source the Surge will bring to the City will come from advertising signs. This program would see the City and Surge split net revenue generated through signs posted along the Park Avenue and parking lot fences. Surge staff will be on hand at the January 28, 2002 meeting to discuss their organization and provide the Council with plans to market the team in Woodbum and develop community outreach programs. The Surge also has ideas about developing good neighborhood relationships and mitigating impacts on the surrounding residential areas. Attachment City of Woodburn Facih't.v Use Agreement lib Upon payment of the proper fees, the Cascade Surge is issued this Special Event Park Use Permit for use of Legion Field for the dates specified herein. This permit is subject to all park roles, policies and regulations, and to the conditions set forth below. Jim Parent Cascade Surge (503) 362-7308 Name of Representative Company/Organization Day Phone/Evening Phone P.O. Box 2689 Salem OR 97308 Address City State Zip Legion Park Tax LD. # Park LOCATION: This Permit is issued for Legion Field (hereinafter referred to as "the Park") for Cascade Surge Minor League Soccer games and Super Y youth soccer games (hereinafter referred as "the Event"). DATES: Minor League season: May 1, 2002 through July 31, 2002 Youth season: May 15, 2002 through August 15, 2002 TIME OF OPERATION: This permit is valid for the following typical times: Fridays/Saturdays Youth Game 3:00 p.m. Youth Game 5:00 p.m. Minor League Soccer Game 7:00 p.m. Sundays Youth Game 10 a.m. Youth Game noon Minor League Soccer Game 2 p.m. PARK AREA: The exact areas within the Park, for the Permit operation will be agreed upon between Recreation and Parks Director and the Surge. However, if mutually agreeable terms cannot be reached, the Recreation and Parks Director's decision on the park shall be final. CONTACT PERSON: The Surge agrees that Jim Parent, Brad Smetana, Dave Irby is/are the contact person(s) for the Event and shall remain on site and available during the entire period of the Event. Failure of the Surge to have the contact person on site and available during the period of the Event shall constitute a revocation of this Permit. FACILITY MAINTENANCE & OPERATION: Weather permitting, the City will complete all annual maintenance including overseeding, top dressing, building and drainage and irrigation repairs by May 1 ~ Facility Use Agreement Pal~e 2 . ,lib go 10. The City will mow and fertilize the fields and provide field marking and preparation services according to the fee schedule in Section 8. below. The City will provide.janitorial and cleaning services for the restrooms. The Surge will provide sweep floors and empty trash for the locker rooms. CLEANUP: The Surge agrees to perform ongoing litter and trash cleanup of the entire permit site during the Event and at the conclusion of the Event. At the conclusion of the Event, the Surge agrees to restore the Event site to the condition existing prior to the Event so that it is useable no later than 9:00 a.m. the morning following each date. FEE: The Surge agrees that for the privilege of operating under this Permit, the Surge shall pay the City fees for facility use as established by the City Council resolution. The Surge shall remit payment of the fee to the Recreation and Parks Director at least three working days prior to each date listed above. These fees are outlined as follows on a per date basis: Use type Iree*I Units [Total Youth Soccer $5 4 hours $20 Adult Soccer $17 3 hours $51 Lights $15 3 hours $45 Field Prep $35'* 1 each $35 Total per Date $151 *This fee schedule applies to use ordered other than those listed in Item 3. Surge will use standard Facility Use Application to order those dates. **Service supplied as ordered. The use fees shall be calculated per date as listed above or 20% of gross tickets sales per date, whichever is greater. Fees may be waived on a dollar for dollar basis for direct permanent capital expenses to the Surge for improvements that become City property. Qualified expenses and improvements must be approved in advance and in writing by the Recreation and Parks Director. YEAR ROUND SPONSORS: The Surge will pay the City 50% 0fnet revenue derived from year round sponsor signs displayed in the Park. The City must approve each sign prior to installation. Installation of signs will be at the Surge's expense. Signs or sponsors that promote the use, sale or consumption of alcohol or tobacco products will not be approved. SECURITY DEPOSIT: The Surge agrees to deposit the sum of $500 with the City upon execution of this permit as a security deposit to be applied to repair damages to the Park or to the City property caused by the Surge or to remedy other default under this Permit. Within thirty (30) days after termination of the Event under this permit, the City shall either refund the security deposit to the Surge Facility Use Agreement Pat~e 3 11B 11. 10. 11. 12. or shall give the Surge a written accounting stating the basis of the City's claim to all or part of the security deposit. If costs of repairing damages to the Park exceed the amount of the security deposit, the Surge agrees to be responsible for all excess costs. GROUND SET UP PLAN: The Surge agrees to submit to the Recreation and Parks Director for approval a Ground Set Up Plan fourteen (14) calendar days before occupying the park as stated in Section 2. of this Permit. This Plan shall specify: A. All temporary fence lines including entrance gates, emergency exits and access lanes and service entrances. B. Utility vehicle, ambulance and event truck parking. C. Ticket sales booths. D. Security personnel. PROMOTION OF SPECIAL EVENT: Any promotion of the Event shdll be entirely by the Surge at its own expense. The Surge agrees not to publicize, promote, or otherwise advertise the Event at the park location until this permit is issued without permission fi:om the Recreation and Parks Director. The Recreation and Parks Department will include the Surge schedule within the summer edition of "Recreation Reporter." INDE~CATION: The Surge waives all claims against the City, its officers, agents and employees, for loss or damage caused by, arising out of or in any way connected with the exercise of this permit. The Surge agrees to save harmless, indemnify and defend the City, its officers, agents and employees, fi:om any and all loss, damage or liability which may be suffered or incurred by the City, it's officers, agents and employees caused by, arising out of or in any way connected with exercise by the Surge of the rights hereby permitted, except those arising out of the sole and direct negligence of the City. INSURANCE: Without limiting the Surge's indemnification of the City, the Surge shall provide and maintain at its own expense during the term of this Permit comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of $1,000,000 per occurrence. Such insurance shall be primary to other insurance maintained by the City and shall name the City as additionally insured. Surge shall provide the City a copy of such a certificate of insurance at least 10 days prior to entering the park for event preparation and set up as indicated in Section #2 of this Permit. Failure of the Surge to procure or maintain the required insurance shall constitute a revocation of this Permit. 13. COMPLIANCE WITH PARK RULES: The Surge agrees to comply with all policies, rules, and laws goveming the operation of the Park, and not alter or damage the Park's natural or cultural resources in any way through the support or operation of the Permit activities, and to be responsible for and fully repair all damage to park facilities and resources which may result from any operations under this Permit. Facility Use Agreement Pa~e 4 14. 15. 16. 17. 18. 19. AUTHORITY TO SUSPEND OR CANCEL: In the event that the City Administrator or Recreation and Parks Director find that the activities being conducted under this Permit endanger the health and safety of any person, or will cause damage to real property, or that the Surge has not complied with any of the terms and conditions of this Permit, the City, through the action of any of the above-named-City officials, may suspend or cancel this Permit. The City reserves the right, at its discretion, to suspend or cancel this Permit at any time without incurring any liability to the Surge whatsoever. OTHER APPROVALS AND PERMITS: The Surge agrees and understands that, apart fi.om this Permit, it is necessary to obtain other permits and approvals in order to conduct the Event. The Surge understands and agrees that these permits and approvals include, but are not limited to, the following: A. For food booths, the Surge must require vendors to obtain the approval of the Marion County Health Department. B. A sound amplification permit for the Event must be obtained fi.om the Woodbum City Council. ANTI-DISCRIMINATION/COMPLIANCE WITH LAWS: The Surge agrees not to discriminate against any individuals on account of color, race, religion, ancestry, or national origin and to comply with all applicable federal, state and local rules, regulations and ordinances. ASSIGNMENT: The Surge understands and agrees that this Permit is a license agreement and is not a lease, and that the Permit is a personal, revocable and unassignable permission to perform the acts herein set out without reserving or granting to the Surge any interest in real property or other interest. PERMITTEE STATUS: The parties hereto agree that the Surge, it officers, agents and employees, in the performance of this permit shall act in an independent capacity and not as officers, employees or agents of the City. NO THIRD PARTY BENEFICIARIES: This Permit is not intended nor shall it be construed as granting any rights, privileges, or interests in any third party without mutual written agreement of the parties hereto. PERMITTEE: CITY OF WOODBURN: By: Title: By: D. Randall Westrick, Recreation and Parks Director Date: Date: CC: City Administrator Police Chief Parks & Facilities Superintendent Recreation Supervisor ITY OF WOODBURN Community Development MEMORANDUM 14A 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: January28,2002 To: From: Subject: Honorable Mayor and City Council thru City Administrator Jim Mulder, Director oI Community Development~ Planning Commission s Action on Conditional U~e 01-03, a request for Conditional Use approval to operate a pre-school in a Single-Family Residential (RS) District. At their regularly-scheduled meeting on January 10, 2002, the Planning Commission adopted a final order approving a Conditional Use request by the Immanuel Lutheran Church to operate a pre-school in a previously-used church parsonage. This decision is final unless the City Council calls this decision up for review. Applicant & Property Owner: Immanuel Lutheran Church 1036 E. Lincoln Street Woodburn, OR 97071 NATURE OF APPLICATION: The applicant requested Conditional Use approval to operate a pre-school at an existing church site. The pre-school operates in an existing building that was previously used as a residential parsonage for the church. Said building and the main church building are the only two structures on the site. There were no structural or exterior site changes proposed as part of this request. RELEVANT FACTS: The subject property is located on the southeast corner of E. Lincoln Street and Bryan Street. The proposed pre-school building is addressed at 1100 E. Lincoln Street, and the main church building is addressed at 1036 E. Lincoln Street. The property is further identified on Marion County Assessor Maps as Township 5 South, Range I West, Section 17BB, Tax Lot 700. Both the church and the pre- school building are on this same Tax Lot. The property is 1.33 acres in size and is zoned Single-Family Residential (RS) District. This zoning allows pre-schools as conditional uses. The adjacent properties to the east and south are zoned RS and consist of single-family homes. The adjacent properties to the west (across Bryan Street) are zoned RS and consist of single-family homes. The adjacent properties to the north (across E. Lincoln Street) are zoned Multiple-Family Residential (RM) District and consist of vacant lots, single-family homes and an apartment complex. ~ .14A The pre-school was initially located in the main church building. The need for space grew, and the pre-school was moved to the parsonage over three (3) years ago. It was not until recently that the applicant was made aware that this requires Conditional Use approval. As a result, the applicant has requested such approval so that the pre-school can continue to operate in the previously used parsonage. The pre-school building is a two-story structure with an attached garage. The applicant initially proposed to convert the garage into additional classroom space with a concurrent Site Plan Review application to this Conditional Use request, but has decided not to do so at this time. The pre-school building covers an area of 2,288 square feet, and the attached garage covers an additional 624 square feet. The total floor area of the two-story structure is 3,038 square feet (not including the garage). This floor area is currently being used as the pre-school for which the applicant has requested approval. It is indicated in the application that there are 66 children enrolled in the pre-school. There are 33 that attend on Monday, Wednesday and Friday from 9 a.m. to 1 p.m. and 33 that attend on Tuesday and Thursday from 9 a.m. to 11:45 a.m. 2 January 28, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council i/s.j~' John C. Brown, City Administrator ~bC×;" Administrative Update on Negotiations with Woodburn Company Stores Recommendation: Referencing the recommendations contained in the Community Development Director's January 28, 2002 Planning Staff Report, consider accepting Recommendation #3 as it relates to modified conditions of approval negotiated between City Staff and Craig Realty Group, LLC. Background: Primary background and discussion regarding this matter is provided in the Community Development Director's Planning Staff Report of January 28, 2002. His report offers three alternatives for City Council action: 1. Deny the application to amend the conditions of approval. 2. Amend the conditions of approval in the manner proposed by the Planning Commission; and 3. Amend the conditions of approval in a different manner. With respect to the third alternative, as discussed at the November 26, 2001 public hearing, the Company Stores sought an amendment of the conditions to eliminate requirements to dedicate right-of-way and construct improvements beyond it's easterly driveway on Arney Lane. For consistency with past practice and Council policy, Staff recommended that, at a minimum, the applicant should be required to dedicate right-of-way for the full road improvement required in the original condition of approval, and to enter into a non-remonstrance agreement related to any Local Improvement District or similar financing mechanism formed for the purpose of making future improvements to Arney Lane. Company Stores representatives indicated they would not accept that condition, but were willing to explore other alternatives. Company Stores asserted that dedicating right-of-way and making roadway improvements beyond its planned easterly driveway access would not benefit the development, and that a requirement to dedicate right-of way or to construct right-of-way improvements beyond the easterly driveway would constitute a "taking" within the context of Dolan v. City of Tigard. Members of the City Honorable Mayor and City Council January 28, 2002 Page 2. Council acknowledged, to varying degree, the applicant's viewpoint that a full roadway improvement, beyond driveway accesses, may not benefit the project and perhaps should not be the developer's responsibility. The City Attorney advises that by failing to raise its rights under Dolan v. Tigard during the approval process for Phases II and III of the development, the Company Stores may have waived its right to a takings claim. The City Attorney has also advised that a modifying conditions in a manner for which Dolan findings cannot be made will subject the present decision to legal challenge and that the safest course of action, legally, is for the City to deny the application. Discussion: With respect to modified conditions of approval upon which both the City and Company Stores might agree, I conducted numerous conversations with Mr. Craig during the past six weeks. Those discussions have resulted in what I believe is tentative agreement on proposed condition modifications. The modifications address City policy and Mr. Craig's concerns regarding project costs and benefits, and project-related issues. Should the Council determine that modifications are in order, the following is proposed: Craig will dedicate, within 30 days of final approval of a modified condition of approval, right-of-way along the northerly boundary of his property and to its westerly bounds. Within that right of way, Craig will build a 44 foot wide, full street improvement, known as Arney Lane, from its intersection with Arney Road to a point at the western-most side of the westerly driveway. The M-foot wide pavement section will be constructed to City standard. The City will allow parking on both sides of the pavement between the easterly and westerly driveway accesses of the development on Arney Lane. On-street parking will not be allowed between the easterly access driveway and Arney Road. Right-of-way improvement will include cement curb and gutters on the north and south sides of the Arney Lane, built to City standards, and a six (6) foot wide concrete sidewalk improvement running the full length of the improved roadway on the south side of Arney Lane. Honorable Mayor and City Council January 28, 2002 Page 3. Craig will install street lighting on the south side of Arney Lane only, in accordance with civil plans approved on August 1, 2001 for offsite improvements of Phases II and III. The spacing of four light standards located between Amey Road and the westerly driveway may be widened as is necessary to provide sufficient lighting of the westerly driveway by westernmost light standard adjacent to the westerly driveway. Improvement of approaches to private driveways located on the north side of Arney Lane, between the Intersection of Arney Road and Arney Lane and the westerly driveway will be limited to a standard curb drop, and a paved asphalt apron five feet deep running the width of the driveway opening, tying into the existing driveway. Improvements to Arney Lane are made in lieu of any requirement, now or in the future to participate in an LID or other local funding mechanism for the purpose of improving Arney Lane beyond the Westerly- driveway. However, if the Company Stores subsequently proposes changes to the development that would require land use approvals, the city may require additional improvements to be constructed by the Company Stores as part of the City's future land use decisions. Collection of Systems Development Charges and Traffic Impact Fees for Phase Two of the project will be deferred until issuance of the occupancy permit for Phase II of the project. Systems Development Charges and Traffic Impact Fee payments will be based on the fees in effect at the time of payment. Craig will construct all the aforementioned improvements to City's satisfaction prior to issuance of an occupancy permit for Phase III of the project. Craig will be allowed to use portions of unimproved Arney Lane for temporary, construction related, traffic during the construction of Phases II and III of the project. Craig will not be allowed to use Arney Lane or the easterly and/or westerly access driveways for regular or permanent commercial or site-related traffic until Arney Lane is improved consistent with the standards identified in the modified conditions. Honorable Mayor and City Council January 28, 2002 Page 4. The project involves the realignment of Arney Road right-of-way and involves a road vacation proceeding by Marion County. The City will communicate and coordinate with Marion County in support of Craig's claim to the property vacated in association with the realignment. To the degree that modified conditions reduce Craig's requirements to construct Arney Lane, Craig shall be entitled to a refund of any right-of- way permit fees previously paid and associated with construction of Arney Lane improvements. The reduction will be proportionate to the amount of Arney Lane that will not be constructed, and shall be related only to road improvements. In conjunction with these conditions, staff has developed a proposed written agreement to the conditions that would bind both parties to the various requirements, and insure no future legal challenge to improvement requirements. As of the writing of this report, a final form of condition modifications, and an agreement to the conditions were still undergoing review by the parties. Assuming that agreement has been reached regarding final versions of these documents, they will be presented to your Council at the public hearing on January 28, 2002. JCB APRIL 6 14, 2O WOODBURN, OREGON FACT SHEET Who we are: The Woodburn Tulip Festival Committee is a new umbrella organization that is planning events in Woodburn during two peak weekends of the tulip bloom sea- son. This committee is made up of volunteers from various organizations, including the City of Woodbum, Woodburn Area Chamber of Commerce, Woodburn Independent, Woodburn School District, Woodbum Downtown Association, Woodburn Together, and local businesses, including Lenon Implement Co., Woodburn Company Stores, Ars Garden Center, and Wooden Shoe Bulb Co. We are modeling our organization after Mount Angel's successful Oktoberfest associa- tion, and may seek non-profit status as funding becomes available. As our festival grows and is able to raise funds, we plan to follow the Oktoberfest model by creating fundrais- lng opportunities for local service clubs and organizations and possibly with grant fund- ing for community projects. Our purpose: First and foremost, to organize and execute the Woodburn Tulip Festival, a family event that encompasses events and activities for local residents and for the more than 220,000 tourists visiting the Woodburn area during the bloom season. Other goals include: tourism and the economy; prosperity in Woodburn's historic downtown; fundraising opportunities for local service clubs and organizations; community involve- ment; and wholesome activities for local families and children. The 2002 Festival: We are planning many new and improved events in Woodburn that will compliment activities at the tulip fields. We will also be publishing a festival brochure that will be distributed at tourism centers, local businesses and at the tulip fields. If funds are available, we will provide radio and print advertising for festival events in conjunction with Woodburn Company Stores and Woodburn Shoe Bulb Co. Our web- site, www. woodburntulip.com, will be activated in about a week. Our events calendar includes: · Woodburn Tulip Festival Gala Event, Saturday, March 23, Woodburn Company Stores, hosted by Company Stores, Wooden Shoe Bulb Co., Woodburn Chamber and Al's Garden Center. Entertainment, food, garden showcase, and more. Unveiling limited edi- tion festival poster by Dan Dinges TBA. · Garden Show and Antique Tractor Show, Saturday, April 6, Lenon Implement Co. KXL Radio's Mike Darcy live broadcast, garden equipment showcase, live music, food, and antique tractor show. · Duffer's Open Golf Tournament Saturday April 6, 9:30 and 1 p.m. tee-off, at West Woodburn Golf Club. Hosted by Woodburn Independent. · Woodburn Chamber Business After Hours, hosted by LaQuinta Inn and Woodburn Tulip Festival, Thursday, April 11, 4:30 p.m. at LaDuinta Inn. Art show with artist reception, music, other events TBA. · Woodburn Tulip Festival carnival April 12, 13, 14 in downtown Woodburn. Thrill rides, arts and crafts, food, and live entertainment in conjunction with Funtastic carnivals. · First annual parade Saturday, April 13, beginning at 10 a.m. at the Woodburn Aquatic Center. Registration begins at 8:30 a.m., judging at 9 a.m. Parade route TBA through downtown Woodburn. Grandstand and announcing at First and Lincoln streets. · Woodburn Tulip Festival Corvette Show, Saturday, April 13.8 a.m. pancake breakfast, followed by 10 a.m. parade. Display and judging at Lenon Implement Co, noon to 3 p.m., followed by escort to tulip fields. · Woodburn Rotary annual Walk-About, Saturday, April 13, a 4.5 mile course through Woodburn to benefit Rotary and other local organizations. For more information: Please contact Nikki DeBuse, chairman, 503-981-3441; or Kezia MenNin, vice-chairman, 503-982-9531. Proposed Amended Conditions Site Plan Review Condition Modification Application No. 01-10 Applicant: Craig Realty Group - Woodburn, LLC Amended Condition of Approval 1 Pursuant to Site Plan Review Condition Modification Application No. 01-10, Condition of Approval 1 of Site Plan Review Approval 00-18 is amended to read as follows: 1. The proposed development shall be in substantial conformance with the approved development plan as shown on sheets AO. 1, dated 7/03/01, AO.2, AO.2b, Al.3, Al.4, A2, A2.2, A3.4-A3.6, A4.6 and A4.8, all dated 12/28/00, C-l, C- 1 b, C-2, dated 12/20/00, L 1.1 and L1.2 dated 07/03/01; and Architectural Finishes Board, except as otherwise amended by these conditions and, specifically, Amended Condition of Approval 23 herein. Amended Condition of Approval 23 Pursuant to Site Plan Review Condition Modification Application No. 01-10, Condition of Approval 23 of Site Plan Review Approval 00-18 is amended to read as follows: Ao Prior to issuance of building permits for Phase II or the construction of any public improvements on Arney Lane whichever is sooner, Applicant shall dedicate right-of-way along the northerly boundary of its property as shown on Sheet 1 of the Arney Lane Plan, which was submitted to the Woodburn Planning Commission by Applicant as part of this application and is attached hereto and incorporated herein as Exhibit "A." Within that right of way, Applicant shall construct a 44 tbot wide, full street improvement known as Arney Lane, from its intersection with Arney Road to a point at the westernmost side of the westerly driveway shown on sheet AO.1 dated July 3, 2001 and approved by the City in Site Plan Review Approval 00-18. The 44-foot wide pavement section shall be constructed according to City standards and City shall allow parking on both sides of the pavement between the easterly and westerly driveway accesses of the development on Arney Lane. On-street parking shall not be allowed between the easterly access driveway and Arney Road. Such improvement shall include cement curbs and gutters on the north and south sides of the Arney Lane, built according to City standards, and a six (6) foot wide concrete sidewalk improvement running the full length of the improved roadway on the south side of Arney Lane. Applicant shall install street lighting on the south side of Arney Lane only, in accordance with civil plans approved on August 1, 2001 for offsite Page 1 - Proposed Amended Conditions improvements of Phases II and III, except that the spacing of light posts located between Amey Road and the westerly driveway may be widened as is necessary to provide sufficient lighting of the westerly driveway by the westernmost light standard adjacent to the westerly driveway. Co Improvement of approaches to private driveways located on the north side of Arney Lane, between the intersection of Arney Road and Arney Lane and the westerly driveway shall be consistent with the width of openings as shown on Sheet 1 of the Arney Lane Plan, which was submitted to the Woodburn Planning Commission by Applicant as part of this application, a reduced copy of which is attached hereto and incorporated herein as Exhibit "A." Driveway and approach improvements shall be limited to a standard curb drop, and a paved asphalt apron five feet deep running the width of the driveway opening, tying into the existing driveway. City shall not require right of entry permits as long as Applicant completes the work entirely from within the rights-of way and does not trespass on private property. Because these improvements represent Applicant's fair share of the construction of Amey Lane which is related to this application, the improvements shall be made in lieu of any requirement, now or in the future, to participate in a Local Improvement District or other local funding mechanism for the purpose of improving Arney Lane beyond the westerly driveway. However, if Applicant subsequently proposes significant changes to its development which would require land use approvals, City may require additional improvements to be constructed by Applicant as part of City's future land use decisions. Irrespective of the previously approved phasing plan, Applicant shall have the right to construct the remaining unbuilt portions of the project, approximately 151,579 Gross Leasible Area (square feet), in multiple phases rather than the previously approved two (2) phased development plan. However, once Applicant exceeds 315,000 square feet of overall Gross Leasable Area (square footage) for all phases of its project (including what was already constructed in Phase I) Applicant shall be required to complete the improvements to Amey Lane as provided in this Agreement. Applicant shall construct all the aforementioned improvements to City's satisfaction prior to issuance of an occupancy permit for Phase III of the project. Fo Applicant may use graveled portions of Arney Lane for temporary, construction related, traffic during the construction of Phases II and III of the project. However, Applicant may not use Amey Lane or the easterly and/or westerly access driveways for regular or permanent commercial or site-related traffic until such time as Amey Lane is fully improved to City standard as provided in this condition. G. Payment by Applicant of Systems 'Development Charges (SDCs) and Traffic Page 2 ~ Proposed Amended Conditions Impact Fees (TIFs) for Phase II of the project shall be deferred by City until issuance of the occupancy permit for Phase II and the amount due shall be calculated based upon those charges and fees which are in effect at the time of payment. Applicant shall have the opportunity to request a similar deferral of SDCs and TIFs for Phase III. To the degree that this modified condition reduces Applicant's requirements to construct Amey Lane, Applicant shall be entitled to a refund of right-of-way permit fees already paid. Such refund shall be proportionate to that amount of Amey Lane which will not be constructed, and shall be related only to road improvements. Applicants' project involves the realignment of Amey Road right-of way and a road vacation proceeding by Marion County. City shall communicate with Marion County and support Applicant's claim to the property vacated by Marion County associated with the realignment of right-of way in the proximity of the intersection of Arney Road and Arney Lane in order to assist the Applicant to receive the property to which it is legally entitled. Page 3 - Proposed Amended Conditions SEE ABOVE '--~ : .':.~'":' .?:',./.i./.i,/:: /[ } ' "' " ~ : il/ I~ "!i ............ , I~/ ~ "" ' ' '~ ~1' '~=i ' '- +~ o~o DSN. RC~ DRN. RC[ 1 ~/m/o~P~r City Comment~ ~ CKD. RC[ ~ NO. DA~ DE~IP~ BY OA~:AU~~1 ~ RE~ -' , i gEE BELOW SEE ABOVE ............... iJ ' iiiTiTiiilii~TL?'""~ q' ': , SEE BELOW m '~- '~f~ Craig Realty Group Newport Beach, CA'~¢ ~ i~ ~ Phase I1~11 Off--site Impro~ments O - ~