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Agenda - 05/28/2002 AGENDA WOODBURN CITY CO UNCIL May 28~ 2002 - 7.'OOp. m. 270Montgomery Street ~ ~ ~Voodburn, Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Public Hearing: June 10, 2002 - 7:00 p.m. - Woodburn 2002°2003 Budget City Hall, Council Chambers Be Woodburn Public Library will be closed on Friday, June 21, 2002 for staff computer training. Ce June 1, 2002, 1:00 p.m. and 3:00 p.m. - Dance, Dance, Dance Spring Recital at Woodburn High School Lectorium. D. June 8, 2002 - 7:00 p.m. Cascade Surge opening day at Legion Park. June 30, 2002 - 4:00p.m. - 6:00 p.m. - Reception introducing Javier Meza-Perfecto, Community Relations Officer, City Hall, Council Chambers. Fe Changing of the Guard: Farewell to Woodburn Police Chief Paul Null/ Swearing in of Chief Scott Russell - May 31, 2002, 2:00 p.m. - 5:00 p.m. Woodburn City Hall Council Chambers. Appointments: - None PRESENTATIONS/PROCLAMATIONS A. Oregon Route 99 Corridor Safety Report - ODOT Staff ............... COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS - None BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 4A Page 1 - Council Agenda of May 28, 2002. 0 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. Woodburn Planning Commission minutes of April 25, 2002 .......... 8A Recommended action: Accept the Woodburn Planning Commission minutes. Be Woodburn Library Board minutes of May 8, 2002 ................... 8B Recommended action: Accept the Woodburn Library Board minutes. Police Department Activities Report - March 2002 ................... 8C Recommended action: Accept the Police Department Activities report. 9. TABLED BUSINESS 10. PUBLIC HEARINGS - None 11. GENERAL BUSINESS Ae Council Bill No. 2389 - Ordinance subdividing 2.83 acres into 13 single family residential lots located north of Comstock Ave. and east of Brown St. and changing the zoning designation from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential District" (RS) ......................... llA Recommended action: Adopt the Ordinance. Council Bill No. 2390 - Resolution entering into Cooperative Improvement Agreement Number 19464 with the State of Oregon and authorizing the City Administrator to sign such agreement ....... llB Recommended action: Adopt the Resolution. Ce Council Bill No. 2391 - Resolution authorizing the transfer of operating contingency appropriations during fiscal year 2001-2002 ............. 1 lC Recommended action: Adopt the Resolution. De Acceptance of sidewalk/utility easements, East Hardcastle Avene street improvements ........................................... llD Recommended action: Accept the sidewalk/utility easements. Boones Ferry Road LID ........................................ llE Recommended action: (1) Receive and consider staff reports, City Attorney's opinion and information placed into the public hearing record by the City Attorney record prior to 5:00 p.m. on May 22, 2002; and (2) instruct staff to prepare an ordinance for'Council action ordering improvements to Boones Ferry Road from Goose Creek to Hazelnut Drive and adopting the Local Improvement District for said improvements. Page 2 - Council Agenda of May 28, 2002. 12. PUBLIC COMMENT 13. 14. 15. NEW BUSINESS A. Policy discussion regarding construction of offsite improvements ...... 13A PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None CITY ADMINISTRATOR'S REPORT 16. 17. 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 (l)(h). · B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(0. 18. ADJOURNMENT Page 3 - Council Agenda of May 28, 2002. May 28,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council ~ John C. Brown, City Administrator.-~L'c Highway 99 Corridor Safety Study Presentation ODOT Staff will make a presentation regarding the referenced study at your May 28, 2002 meeting. To reduce duplicating costs, a copy of the study has been provided to you under separate cover. JCB 8A WOODBURN PLANNING COMMISSION April 25, 2002 CONVENED The Planning Commission met in a session at 7:00 p.m. with Chairperson Cox presiding. ROLL CALL Chairperson Vice ChairpersOn Commissioner Commissioner Commissioner Commissioner Commissioner Cox P Lima A Young A Grosjacques P Mill P Bandelow P Lonergan P Staff Present: Jim Mulder, Community Development Director MINUTES , A. Woodbum Plan~ing Commission Minutes of April 11, 2002 Commissioner Grosiacqu~s moved to accept the minutes as pdnted. Motion was seconded by Commissioner LonerRan. Motion unanimously carded. BUSINESS FROM THE ~UDIENCE None COMMUNICATIONS A. City Council Mir~utes of March 25, 2002 Col;pmissioner Loner.qan Commented it looks like the Council's discussion regarding the new ordinance was lengthy. He inquired if there were any subtle changes made to the ordinance by the Council? Staff replied in addition ~o the changes requested by the Planning Commission, there were only two additional changes made bY the City Council. He indicated the changes were summarized and are contained on page 3 of the City CoUncil Minutes. Additionally, Staff stated they will be coming back next year with revisions which will be compiled as they go along while they work out the bugs. Commissioner Mill reported Commissioner Lima is departing on his trip this evening. PUBLIC HEARING None ITEMS FOR ACTION A.~. Variance 02-01, ~'equest to reduce rear yard setback from required 24 feet to 20 feet at 2503 Roanoke Street, iPete Melin, applicant (Administrative approval). Commissioner Mill remarl~ed he looked at the lot and it is a very shallow in-depth lot and the actual front curb space is very small. He further commented the applicant needs the Variance or that will be essentially an unusable piece of land for a house of any kind of a decent size. Staff indicated this lot was created prior to his arrival here. He stated he does not like creating lots that he knows are going to require a Variance. Commissioner Grosiacqu~s moved to approve Staff's decision on Vadance 02-01. Commissioner Bandelow seconded the motion. Motion unanimously carried. Planning Commission Meeting- April 25, 2002 Page 1 of 2 Commissioner Loner,clan, interjected in the future he would like to see the Planning Commission look at these lots better and not see these types of Variances come before the Commission. DISCUSSION ITEMS REPORTS BUSINESS FROM THECOMMISSION ADJOURNMENT Commissioner Mill moved to adjourn the meeting. carded. Meeting adjourned at 7:15 p.m. Commissioner Loner,qan seconded the motion, which APPROVED Jim' Mblder i - Community Development Director City,of Woodbum, Oregon ~//' Date Planning Commission Meeting - April 25, 2002 Page 2 of 2 MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: MAY 8, 2002 ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: Phyllis Bauer - Present Barbara Pugh - Excused Made Brown - Present Kevin Schiedler - Present Ardis Knauf - Present Pat Will - Present Kay Kuka - Present Mary Chadwick - Excused Ex-Officio Linda Sprauer, Director Jddy Coreson, Recording Secretary Nene president Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of April 10, 2002 were approved as ~, sUbmitted. CORRESPONDENCE: Kevin read a letter of resignation from board member Barbara Pugh. Barbara is unable to proceed and do justice to the position due to business pressures. PUBLIC COMMENT: None DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of April was 17,642. Activities: A list of activities was distributed to the Board. On Check-it- out Yourself Day during National Library Week, there were over 100 check outs on the self check-out unit to qualify Woodburn Public Library for random drawings for one of five $1,000 awards from 3m Library Systems. Saturday at the Library continues with a guest performance on May 18 with Celeste Rose and her Oregon Fantasy Theater performing "The Fish That Swallowed the Sun!". Sunday, May 19, is the last of the Sunday open hours until September 8. The library will be closed Sunday and Monday, May 26 and 27, for the Memorial Day Holiday. The children's summer reading program, 'Don't Bug Me I'm Reading," begins in June. The first scheduled program is Thursday, June 20, with "The Reptile Man." Volunteer of the Month: Paul Smith was chosen Volunteer of the Month for May. Grants: Reports have not been received from the LSTA Feasibility Study for Marion County. The final report is due May 17. Spanish Parenting Grant: We have received some of the books from this grant, and they will be placed on the shelves very soon. Staff: Judy Brunkal retired as of April 30; however, she is continuing as an on-call employee. Nicolette Wonacott is on Leave of Absence due to her health. Beverly Philllips is on Leave of Absence due to her son's illness. Nearly 20 applications for the Assistant Director position have been received. Interviewing will begin soon. Linda praised the library staff for their willingness to fill in when needed because of the absence of the librarians. BOARD REPORTS: Board members reported on various areas of the library. Kay and Kevin reported on the sessions that they attended at the OLA/WLA Conference. OLD BUSINESS: Project Update - Carnegie Exterior: The windows have been painted and installed. Because of some items to be done or re-done, the project is not yet complete. Planning Session #5: The next planning session is scheduled for Wednesday, May 22, from 4 to 8 p.m. NEW BUSINESS: None BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: The Budget Committee Public Hearing is scheduled for Tuesday, May 14, at 7 p.m. at the City Hall Council Chambers. The results will be forwarded to the City Council to be approved at the following City Council meeting. ADJOURNMENT: The meeting was adjourned at 12:45 p.m. Respectfully Submitted, Library Board Minutes o 5/8/02 Judy Coreson Recording Secretary Library Board Minutes - 5/8/02 3 · City of Woodburn Police Department 270 Montgomery Street 8C STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: May 16, 2002 · ~~ul Nulli Chief of Police Mayor and Council Thru: John Brown, City Administrator Subject: Police Department Activities - March 2002 The Consolidated Monthl, y 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 compariso~ 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 Enforcerhent Data System via the Regional Automated Information Network. ShoUld you have questions or wish further information, please contact me. e~ ; -- T' T llA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon gTO7 f (5O3) 982-5246 Date: May 28, 2002 To: From: Subject: Honorable Mayor and City Council through City Administrator ,4_ Jim MUlder, Director of Community Development~/)~ Ordinance Approving Zone Map Amendmetit Case 02-01 SubdiVision Case 02-01 (Twenge) and Recommendation: Approve the attached ordinance approving Zone Map Amendment Case 02-01 and Subdivision Case 02-01. Background: The City Council, at its May 13, 2002 meeting, directed staff to prepare an ordinance to approve the above referenced applications. That ordinance is attached. t I ,0 0 ? ! COUNCIL BILL NO. 2389 ORDINANCE NO. AN ORDINANCE SUBDIVIDING A CERTAIN 2.83 ACRE PROPERTY INTO 13 SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF COMSTOCK AVENUE AND EAST OF BROWN STREET AND CHANGING THE ZONING DESIGNATION OF SAID PROPERTY FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL DISTRICT" (RS); AND DECLARING AN EMERGENCY. WHEREAS, the applicant, T7 Development, Inc., submitted Zone Change Application No. 02-01 for a zone change from Marion County "Urban Transition Farm" (UTF) to City of Woodbum "Single Family Residential District" (RS) and Subdivision Application No. 02-01; and WHEREAS, the Woodburn Zoning Map has established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn Planning Commission has previously conducted a public hearing and considered the application filed herein; and · WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the r~e, ord in Zone Map Amendment Application No. 02-01 and Subdivision Application No. 02- 01; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Rudy and Paulette Sonnen and is legally described in Exhibit "A", which is by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit "B" attached hereto, the zone designation on the property described in Exhibit "A" is changed from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential District" (RS). Section 3. That based upon the findings and conclusions contained in Exhibit "B" attached hereto, Subdivision Application No. 02-01 is granted subject to the conditions of approval contained in Exhibit "C", which is affixed hereto and incorporated herein, which the Council finds reasonable. Section 4. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Page 1 - COUNCIL BILL NO. ORDINANCE NO. llA llA City Attorney Approved: Passed by the Council Submitted to the Mayo~ Approved by the Mayor: Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodbum, Oregon Date Richard Jennings, Mayor Page 2 - COUNCIL BILL NO. ORDINANCE NO. llA LEGAL DESCRIPTION Parcel 2 of Partition Plat 2001-112. Page 3 - COUNCIL BILL NO. ORDINANCE NO. Exhibit "B" llA FINDINGS AND CONCLUSIONS ZONE CHANGE 02-01 SUBDIVISION 02-01 II. III. APPLICATION INFORMATION' Applicant: T7 Development, Inc. P.O. Box 573 Newberg, OR 97132 Property Owner: Rudy & Paulette Sonnen 888 Brown Street Woodburn, OR 97071 NATURE OF APPLICATION: The applicant requests to subdivide a 2.83-acre parcel into 13 single-family residential lots :and change the zoning designation of the parcel's southern portion from Madon County's Urban Transition Farm (UTF) to the City of Woodburn Single- Family Residential (RS) District. RELEVANT FACTS: The subject site is located north of Comstock Avenue and east of Brown Street. It can be further identified as Parcel 2 of Partition Plat No. 2001-112. The property received partition approval from the City in November of 2001 (Land Use Case No. PAR 01-06). Itwas divided from the property currently addressed at 888 Brown Street. The property has two zoning designations. It's southern portion was annexed into the City by Ordinance No. 2289 (approved by the City Council on June 11, 2001). This portion of the property retained its Marion County zoning of Urban Transition Farm (UTF), and the applicant requests that this portion be rezoned to the City's Single-Family Residential (RS) District. This RS designation complies with the Comprehensive Plan Map designation for the entire property which is Low Density Residential. The remainder of this property and all adjacent properties are zoned RS District. All adjacent uses consist of single-family homes. The property is currently vacant. Elevation varies by approximately six (6) feet. The applicant proposes to subdivide the subject property into 13 single-family residential Page 4 - COUNCIL BILL NO. ORDINANCE NO. IV. Vm lots that would range in size from 6,200 to 14,155 square feet. Proposed Lots 1-3 will be accessed by Brown Street to the west, and Lots 4-13 will be accessed by the existing street stub to the south (currently named Robin Street). The stub will be extended onto the property as a cul-de-sac to serve Lots 4-13. RELEVANT APPROVAL CRITERIA: ZONE CHANGE 02-01 A. WOODBURN COMPREHENSIVE PLAN B. WOODBURN ZONING ORDINANCE Chapter '15. Zone Change Procedures Chapter 16. Comprehensive Plan Amendment Procedure SUBDIVISION ~2-01 A. WOODI~URN ZONING ORDINANCE ChapterB. General Standards Chapter 9. Residential Standards Chapter 10. Off-Street Parking, Loading and Driveway Standards Chapter 22. RS - Single-Family Residential District WOODBURN SUBDIVISION STANDARDS C. WOODBURN ACCESS MANAGEMENT ORDINANCE D. WOODBURN TRANSPORTATION SYSTEMS PLAN FINDINGS: ZONE CHANG~E 02-01 A. Woodburn, Comprehensive Plan FINDING: Applicable goals and policies have been satisfied through the implementation of the Woodbum Zoning Ordinance and other applicable ordinances in affect at the time of approval. The designated land use for the property is Low Density Residential on the Comprehensive Plan Map. The applicant proposes a zone change on the southern portion of the site from Marion County's Urban Transition Farm (UTF) to the City of Woodburn's Single-Family Residential (RS) District. The RS District would be consistent with the Comprehensive Plan designation of Low Density Residential. llA Page 5 - COUNCIL BILL NO. ORDINANCE NO. llA B. Woodburq Zoning Ordinance 1. Chapter 15 Zone Change Procedure Section;15.010. Amendments. A Zone Change is a reclassification of any area fror~ one zone or district to another, after the proposed change has been re~/iewed and a recommendation made by the Planning Commission. Such change shall be by an ordinance enacted by the Common Council after proCeedings have been accomplished in accordance with the following provisions. Sectional 15.035. Hearing Before the Planning Commission. The Planning Commission shall hold a public hearing as described in Chapter 7 of the Zoning Ordinance. After concluding its hearing, the Planning CommisSion shall prepare a report setting forth a summary of facts and conditions involved in the reclassification and submit the same, together with its recommendation to the Common Council. Section 115.040. Hearing Before the Common Council. If the Common Council So desires, it may hold a public hearing on any proposed Zone Change or reclassification as provided in Chapter 7. Any Zone Change or reclassification of property shall be by ordinance, and shall not be passed until after the conclusion of a public hearing held either by the Planning CommisSion or Common Council. Denial of a Zone Change or reclassification shall be by motion. The petitioner may present written or oral information to the Common Council at the time the rezone or reclassification is considered. Whenever any change is authorized by the Common Council, the Official Zoning Map shall be changed as provided in Section 4.050. FINDING: A zone change is being requested as part of this proposal from Marion County's UTF Zone to the City's RS District. This zone designation is compatible with the RS zoning on the properties to the north and south of the subject prOperty as well as with the Low Density Residential designation on the Comprehensive Plan Map. A hearing has been held before the Council for the proposed Zone Change. A condition of approval requires the Zone Change to receive final approval by the Council prior to the proposed subdivision being recorded with Marion County. A further discussion of the Zone Change criteria is included in the following section. 2. Chapter 16 Comprehensive Plan Amendment Procedure Page 6 - COUNCIL BILL NO. ORDINANCE NO. Section 16.080 Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding plan and zoning amendments and are as follows: ( b ) To support a zone change, the applicant shall: 1. Show there is a need for the use proposed; FINDING: The applicant states that "The City has already identified this property to be rezoned to meet the Comprehensive plan requirements .... "To further the applicant's statement, the Comprehensive Plan map designates this property for residential development. The subdivision proposed by the applicant is the intended use for the property, and the rezone from UTF to RS will be necessary for the subdivision. In addition, this subdivision will serve as infill development, fulfilling the need for additional residential development within the city limits. The applicant has shown that there is a need for the proposed use of the subject property. 2. Show that the particular piece of property in question will best meet that need. FINDING: The applicant states that "This property is surrounded on 4 sides by residential development and there is no other practical use for an island Of level ground within the area." As indicated in this statement, the subject property is completely surrOunded by single-family residential developments. For this reason, the proposed subdivision is the most practical and efficient use that can be made of the prOperty. In addition, the proposed use will be compatible with the surrounding neighborhood and will satisfy the intended use of this prOperty. The applicant has shown that the prOperty in question will best meet the need for additional residential development in the City. SUBDIVISION 02-01 A. Woodburn Zoning Ordinance 1. Chapter 8. General Standards. Section 8.010. Minimum Street Width. All street right-of-way shall be not less than: (c) Cul-de-sacs, 50 feet. FINDING: Ten of the prOposed subdivision lots will be served by a cul-de-sac extending from the existing Robin Street stub to the south. There are three lots llA Page 7 - COUNCIL BILL NO. ORDINANCE NO. proposed on ~he west side of the property that will be served by Brown Street. The proposed cul,de-sac is to be 50 feet in right-of-way width, satisfying the above requirement. 2. Chapter 9. Residential Standards. FINDING: Chapter 9 addresses standards for residential setbacks, accessory structures anc~ fences. At such time that building permit applications are made on each lot, the applications will be reviewed against these standards for compliance. There are cud'ently no structures on the subject property. 3. Chapter 10. Off Street Parking, Loading and Driveway Standards. Section 10,050, Off-Street Automobile Parking Requirements. (a) Sir~gle-family dwellings: (1) One and one-half spaces per dwelling. FINDING: The applicant has indicated that the proposed lots will be constructed with single-family homes. At the time of building permit submittal for said residential dwellings, each lot will need to be provided the required one and one-half off-street parking spaces. Section 10.080. Driveway Standards. I) Standards for driveways serving more than one dwelling unit: (3) Minimum width of the driveway pavement shall be 24 feet. FINDING: The subdivision is proposed with shared driveways for Lots 5 & 6, Lots 10 & 11, and Lots 12 & 13. Each driveway will serve two single-family dwellings. A condition of approval states that these driveways shall be no less than 24 feet in width pdor to occupancy of any structures on said lots. The condition further states that easements on each of these lots shall be recorded with the final subdivision plat allowing for the shared driveways, and that the easements and their descriptions shall be reviewed and approved by the Community Development Director prior to recordation with Marion County. 4. Chapter 22. Single Family Residential District. llA Page 8 - COUNCIL BILL NO. ORDINANCE NO. Section 22.010. Use. Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for one or more of the following uses: (a) Single Family Dwelling FINDING: The applicant has indicated that the proposed lots will be constructed with single-family homes. The majority of the subject site is zoned Single-Family Residential (RS) District, and single-family homes are permitted outright. As mentioned, the southern portion of the property is zoned Marion County's Urban Transition Farm (UTF). The applicant's proposed zone change of this portion of the subject site to the City's RS Distdct will allow for the entire site to be developed with single-family homes as proposed. Section'. 22.080. Lot Area and Width. In an RS District the minimum requirements for lot area shall be 6,000 square feet for each dwelling and every Io! shall have a minimum width of sixty feet at the front building line. No dwelling or main building other than a dwelling shall occupy more than 30 percent of the lot area, except where an accessory building is attached to or made a part of the dwelling, or main building, in which case 35 percent of the lot area may be occupied by such dwelling or main building .... FINDING: The smallest lot proposed is 6,200 square feet (Lot 7). Each lot is configured so that the 60-foot lot width can be satisfied at the building lines of future structures. The standards for maximum lot coverage will be reviewed at the time of permit submittal for future structures on the proposed lots. Minimum lot sizes and widths are satisfied in this proposal. B. Woodburn Subdivision Standards Chapter III. Section 6. REQUISITES FOR APPROVAL OF TENTATIVE SUBDIVISION OR PARTITION PLANS~ PLATS OR REPLATS (1) The City shall not allow the duplication of a subdivision name unless the contiguous property becomes that name. All subdivision plats will maintain consecutive lot numbers. FINDING: The proposed name for the subdivision is "Prospect Park". No other subdivision in the City has this name, and this subdivision would not be llA Page 9 - COUNCIL BILL NO. ORDINANCE NO. contiguous with any of its adjacent subdivisions. This proposed name is acceptable. The numbering of the proposed lots is consecutive. (2) No tlentative plan for a proposed subdivision and no tentative plan for a proposed partition and replat shall be approved unless: (a) The streets and roads are laid out so as to conform to the plans of ubdivisions and partitions already approved for adjoining property s to width, general direction and in all other respects unless the City or County determines it is in the public interest to modify the Street or road pattern. FINDING: The existing Robin Street stub has a right-of-way width of 50 feet and a paved surfa0e of 34 feet. The applicant is proposing to match these with the extension of the cul-de-sac. Sidewalk alignment is also proposed to match that of the existing Robin Street stub. The proposed improved portion of the cul-de- sac extension Conforms with the plans for the adjoining subdivision with Robin Street. The applicant is proposing to name the cul-de-sac "Nugget Court". However, the name "Robin Street" has already been recorded with Madon County for the existing street stub to which the proposed cul-de-sac will connect. The name of the cul-de-sac and existing stub should be the same and have the street suffix "Court". A condition of approval requires the name of the proposed cul-de- sac to be Nugget Court. This will make it necessary to change the name of the existing Robin Street stub to Nugget Court. (6) The subdividing of land shall be such that each lot shall abut on a public street. FINDING: Each of the proposed lots will abut a public street. Lots 1-3 will have frontage on Brown Street, and Lots 4-13 will have frontage on the future extension of Robin Street. Section 12.B. MINIMUM RIGHT-OF-WAY WIDTHS: Ri.qht-of-Way Curb-to-Curb 4. Cul-de-sac 5. Cul-de-sac (Radius) 50 f. 30 ft. 55 ft. 5O ft. FINDING: The Robin Street cul-de-sac extension is proposed with a right-of-way width of 50 feet and a curb-to-curb width of 34 feet. The end of the cul-de-sac is proposed to have a right-of-way radius of 55 feet and a curb-to-curb distance that IlA Page 10 - COUNCIL BILL NO. ORDINANCE NO. exceeds 50 feet. The minimum right-of-way and curb-to-curb distances are satisfied by this proposal. Section 12.E. CUL-DE-SAC STANDARDS: Cul-de-sac streets shall not be permitted unless a loop or through street developments would not be practical. If permitted cul-de-sacs shall be no more than 250 feet deep from right-of-way intersection to end of right-of- way. FINDING: Due to the unusual configuration of the subject property and the fact that all surrounding properties are developed, a loop or through street is not feasible. The proposed cul-de-sac is the only practical means of developing the property as it is intended to be developed. The proposed length of the cul-de-sac from the centedine of Comstock Avenue is approximately 200 feet. Cul-de-sac standards have been met. Section 13.B. LOTS All lots shall have a minimum size of the zoning district in which they are located, in cul-de-sacs the minimum lot line fronting the turnaround shall be 40 feet, and in the case of a curved lot line where the radius of curvature is 100 feet or less, the minimum lot line fronting that curvature shall be 40 feet, and in ne cases shall the lot width be less than 60 feet at the buildin,q line. If topography, drainage, or other conditions justify, the Commission may require a greater area on any or all lots within a subdivision. The minimum size for various types of lots shall be as given in the following table: Type of Lot Minimum Width Interior Lot (fronting one street) 60 feet Flag Lot 30 feet FINDING: Ten of the lots would front on the Robin Street cul-de-sac extension. Some of these lots are proposed as flag lots and are no less than the minimum width of 30 feet. As mentioned in the above section, those lots that are not considered flag lots must have a frontage width of 40 feet within the cul-de-sac (radius curvature of the cul-de-sac is less than 100 feet). The remaining lots in the cul-de-sac meet this minimum. Three of the proposed lots front on Brown Street. Two of these are interior lots which exceed 60 feet in frontage width, and the other lot is a flag lot with 30 feet of frontage width. As previously mentioned, each lot is configured so that the minimum width of 60 feet at future building lines can be satisfied. Minimum lot width standards have been met in this proposal. llA Page 11 - COUNCIL BILL NO. ORDINANCE NO. llA VI. C. Woodburq Access Manaqement Ordinanco FINDING: Thiis ordinance addresses developments along state highways and roads. Neithed Brown Street or Robin Street is a state road. The flag lots that front on the proposed cul-de-sac have shared driveways, thereby limiting the number of accesses withiR the cul-de-sac. This is a positive feature in this proposal due to the number of lots within the cul-de-sac and their limited frontage distances. The shared driveways reduce the number of future accesses in the cul-de-sac from 10 to 7. D. Woodburn Transportation Systems Plan FINDING: Both Brown Street and the existing Robin Street stub are local access roads. Both streets meet right-of-way widths and improved surface standards for residential/Ioca! access streets. As a result, this proposal complies with the goals and policies in the Transportation Systems Plan. CONCLUSION: Based on the information herein and the applicable review criteria, this proposal satisfies all approval criteda relating to a subdivision and zone change. Page 12 - COUNCIL BILL NO. ORDINANCE lSIO. 11A CONDITIONS OF APPROVAL SUBDIVISION 02-01 COMMUNITY DEVELOPMENT DEPARTMENT The proposed development shall be in substantial conformance with this approval and the attached preliminary plans provided as Exhibit "B" to the staff report, dated March 7, 2002, except as herein modified by these conditions of approval. The final sUbdivision plat shall be submitted to the Community Development Department within the required time period after preliminary plat approval (currently one year from the date of Planning Commission approval). The appliCant shall submit a copy of any proposed CC&R's to the Community Development Director for approval prior to recordation. 4. The subdivision shall be platted according to standard surveying practice and ,, approved and recorded with Marion County. 5. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. o The shared driveways for Lots 5 & 6, Lots 10 & 11, and Lots 12 & 13 shall be constructed at a width of at least 24 feet pdor to occupancy of dwelling units on said lots. Shared access easements shall be recorded with the final subdivision plat for these lots allowing for the shared driveways. The easements and their descriptions shall be reviewed and approved by the Community Development Director pdor to their recordation with Marion County. Approval of the subdivision is contingent upon final approval of Zone Change 02-01. The final subdivision plat shall not be recorded until the Zone Change has been approved by the City Council through ordinance. The applicant shall pay the required parks systems development charges in full at the time of final plat recordation, or on a per-lot basis as building permits are issued. Page 13 - COUNCIL BILL NO. ORDINANCE NO. Prior to recordation with Marion County, two paper copies of subdivision plat shall be Submitted to the Community Development Department for review. The appliCant shall provide the Community Development Department with a copy of the recorded subdivision plat. 10. 11. Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. The proPerty owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to recordation of the final subdivision plat. The signed documenl: must be received by the Community Development Department before thd project approval becomes effective. 12. The stree~ name of the proposed cul-de-sac shall be Nugget Court. PUBLIC WORKS DEPARTMENT General Condiltions: 13. The final plan shall conform to the construction plan review procedures and standards. 14. 15. 16. 17. 18. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. All city-maintained facilities located on pdvate property will require a minimum 16-foot wide utility easement to be conveyed to the city. Utilities of unusual depth or size or with a combination of utilities may require a larger width. The applicant, not the city, is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. The applicant shall provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B". The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodburn Subdivision Standards Document, Chapter III, Section 6 prior to acceptance of the final plat. Also, prior to construction of the subdivision commencing, the city will require approved construction plans, a performance bond and the construction permit fee to be paid. Page 14 - COUNCIL BILL NO. ORDINANCE NO. llA llA 19. All work shall conform to the City of VVoodburn Standards and all State Building Codes and regulations. 20. Any off-site, third-party agreements or easements required for this development shall be provided to city staff prior to acceptance of the approval. Streets: 21. The minimum dght of way requirements shall be 50 feet for the street serving the cul-de-sac and a 55-foot radius for the cul-de-sac. There shall be 10-foot wide public utility easements provided on each side. The minimum improved street width shall be 30 curb-to-curb for the street and 45 for the cul-de-sac with sidewalks each side. 22. Brown street has recently been improved. The applicant, upon completion of installing required services to Lots 1 through 3, shall mill the existing surface curb-to-curb at a minimum of depth of 1" and inlay with asphaltic concrete. The extent of required milling will be determined by the city upon review of the engineers construction plan. Drainage: 23. The existing storm sewer main along the southerly and easterly line of Lot 13 can be used to provide service to the proposed cul-de-sac street. 24. This development shall not cause storm water runoff to be impounded on adjacent properties. The existing parcel has a combination of an open and underground drainage pattern/system. A grading and drainage plan shall be submitted for review by city prior to final plat approval. This will ensure that proper easements or maintenance agreements are conveyed on the plat. The city will not maintained any drainage facilities on private property. Sanitary Sewer: 25. Lots 1 through 3 can be served by the existing sanitary sewer main within Brown Street. Separate service to each lot will need to be installed by the applicant. 26. Lots 4 through 13 can be served by the existing sanitary sewer main at the end of the existing Robin Street stub. This is, however, a shallow line and may require the site to be raise to provide gravity service to each lot. Pump stations will not be allowed. The engineer of record shall provide verification Page 15 - COUNCIL BILL NO. ORDINANCE NO. . llA, that the lots created can be served by the gravity sanitary sewer service prior to final plat approval. Water: ~ 27. Domestic and fire protection can be provided by the existing 8" diameter water lineiwithin the public right-of-way to serve cul-de-sac lots. A fire hydrant shall be installed near the shared driveway to Lot 13. The domestic service to ithe remaining lots on the cul-de-sac shall be served by the installatior~ of a 4" line to the north end of the cul-de-sac, ending with a blow off assembly. 28. Domestic Service for the Lots I through 3 can be provided by the existing 8" diameter ~vater on the west side of Brown Street. Meter installation fees shall be paid by the applicant. 29. Fire protection requirements, access, fire hydrant locations and fire protection iissues shall be as per the Woodburn Fire District's conditions of approval. Page 16 - COUNCIL BILL NO. ORDINANCE NO. liB MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager j.~2~ Cooperative Improvement Agreement with the Oregon Department of Transportation to Construct City Street from Woodland Avenue to Hillyer's Ford DATE: May 21, 2002 RECOMMENDATION; Approve the attached resolution entering into an Cooperative Improvement Agreement with the State of Oregon to build a frontage road from Woodland Avenue to Hillyer Ford. BACKGROUND: The Oregon Department of Transportation (ODOT) has determined that a project to build a frontage road from Woodland Avenue to Hillyer Ford qualifies for funding under the Access Management Fund bonding program. The purpose of the project will be to provide acceptable traffic patterns on public highways by building a frontage road from Woodland Avenue to Hillyer Ford in order to close the temporary access for Hillyer Ford on Highway 214. ODOT will be funding all costs associated with the project including acquisition of right of way. The city will accept the new public right of way after ODOT completes purchase. Following construction of the roadway the city will assume jurisdictional control of the upgraded frontage road. The city will be responsible for maintenance and the frontage road will be accepted as a city street. After the project is completed the existing temporary access from Highway 214 to Hillyer Ford will be closed. ODOT has completed plans for the project and they are now in the final review procee before advertisement. ODOT plans to open bids on the project on June 27, 2002 and the project should be completed by September 30, 2002. ~ 1LB 2390 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION E~ITERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NUMBER 19464 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, thee State of Oregon acting through its Department of Transportation is authorized to enter into cooperative agreements with cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions agreeable to contracting parties pursuant to ORS 190.110, 366.770 and 366.775, and ' WHEREAS, for the purpose of providing acceptable traffic patterns on public highways the city and the Oregon Department of Transportation plan and propose to buil~ a frontage road from Woodland Avenue to Hillyer Ford in order to close the temporary access fo~ Hillyer Ford on Highway 214, and WHEREAS, the State of Oregon, Department of Transportation will complete the project as part of the Access Management Fund program, and WHEREAS, the State of Oregon, Department of Transportation, has provided Cooperative Improvement Agreement Number 19464 to build a frontage road from Woodland Avenue to Hillyer Ford in order to close the temporary access for Hillyer Ford on Highway 214, NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Cooperative Improvement Agreement Number 19464, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to to build a frontage road from Woodland Avenue to Hillyer Ford in order to close the temporary access for Hillyer Ford on Highway 214. Page 1 COUNCIL BILL NO. RESOLUTION NO. liB Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Approved as to form..._~ /. ~' ~;~j_~ I/~' -',,,~ City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Sub;miRed to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 COUNCIL BILL NO. RESOLUTION NO. May 13, 2002 Misc. Contracts & Agreements Agreement No. 19464 liB, COOPERATIVE IMPROVEMENT AGREEMENT Woodland - Hillyer Frontage Road Project THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by~:and through its Department of Transportation, hereinafter referred to as "ODO!'"; and THE CITY OF. WOODBURN, acting by and through its City Council, hereinafter referred to as "CITY". RECITALS 1. Woodland Av!enue is a part of the City street system under the jurisdiction and control of City. 2. By the authod~ granted in ORS 190.110, 366.770 and 366.775, ODOT may enter into cooperative agreements with the counties and cities or units of Ioc~ government for ~the performance of work on certain types of improvement projects with the alloCation of costs on terms and conditions mutually agreeable to the contracting parties NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT: For the purpose of providing acceptable traffic patterns on public highways, ODOT plans and proposes to build a frontage road from Woodland Avenue to Hillyer Ford in order to close the current temporary access for Hillyer Ford on Highway 214, hereinafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. This project shall be conducted as part of the Access Management Fund (Bonding Program). The total estimated Project cost is $550,000. The budget is as shown in Exhibit B. Bonding program funds shall be limited to $550,000. ODOT shall be responsible for any portion of the Project that is not covered by ODOT Access Management Funds. This agreement shall become effective on the date all required signatures are obtained and Shall be completed and final billing submitted by April 30, 2003. For the purpose of ongoing maintenance responsibilities, this agreement will remain in effect for the useful life of the facilities constructed as part of the project. Agreement No. 19464 City of Woodburn - ODOT liB CITY OBLIGATIONS City shall, upon completion of Project, accept jurisdictional control of the newly upgraded Woodland-Hillyer Avenue frontage road. City shall be responsible for all maintenance of the City street at its discretion, consistent with established ~ity maintenance standards and schedules for streets of similar classification and use within the City's street system. 2. City hereby grants ODOT the dght to enter onto and occupy City right-of- way as necessary for the completion of the Project. 3. City agrees to provide services called for by this agreement within the time specified herein. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of Oregon, the federal govemment, and their duly author[zed representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ,of three years after completion of Project. Copies of applicable records ~hall be made available upon request. Payment for costs of copies is reimbursable by ODOT. o City shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, which hereby are incorporated by reference. Without limiting the generality of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation ACt of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. ODOT OBLIGATIONS ODOT shall design the Project to City Standards using Access Management Funds to pay for 100% of project costs. The total estimated cost of the project is $550,000. ODOT shall be responsible for any portion of the Project that is not covered by ODOT Access Management funds. ODOT shall consult with the City in developing the Project design to the City and receive concurrence from City regarding design to City's standards. 2 Agreement No. 19464 City of Woodburn - ODOT 4 ODOT shall identify and obtain or issue the required permits consistent with policy and procedures, arrange for relocation or adjustment of any conflicting utility facilities located on ODOT or City right-of-way within the defined project li~its, obtain all required right of way, perform all preliminary engineering and!design work required to produce plans, specifications and cost estimates for Project, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and iproject manager services for administration of the construction contract entered into under this section. The Project Mar~ager for this project is Steve Littrell, Region 2 Area 3 Project Manager~ GENERAL PROVISIONS 1. ODOT and (~ity agree that mutual review and approval of the construction plans, ag described in ODOT Obligations No. 2, will be conducted prior to advertisement~ for construction bid proposals. 2. This agreement may be terminated by mutual written consent of both parties. ODOT may terminate this agreement effective upon delivery of wdtten notice to City, or at such later date as may be established by ODOT, under any of the following conditions: a. If City fails to provide services called for by this agreement within the time specified herein. b. If City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct such failures within 10 days or such longer period as ODOT may authorize. c. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels as identified in the agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if ODOT is prohibited from paying for such work frem the planned funding source. Agreement No. 19464 City of Woodburn - ODOT llB Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 3. If City fails to maintain facilities in accordance with the terms of this agreement, ODOT, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this agreement or take any other action allowed by law. 4. If it is further agreed both parties shall strictly follow the rules, policies and procedures of the "Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970" as amended. ORS 281-060, ORS 35.346, State of Oregon Right-of-Way Manual, and FHWA Federal Aid Policy Guide. 5. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and ~or the specific purpose given. The failure of ODOT to enforce any provision of this agreement shall not constitute a waiver by ODOT of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This Project was approved by the Oregon Transportation Commission by amendment on September 20, 2001. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways, to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission, or in a line item in the approved biennial budget. 4 Agreement No.' 19464' City of Woodbum - ODOT liB STATE OF OREGON, bY and through Its Department of TranspOrtation By Executive Deputy Directoi' Date APPROVAL RECOMMENDED By Technical Services Mgr./dhief Engineer Date By Date By Date Region 2 Manager Area 3 Manager CITY OF WOODBURN, by and through its elected officials By Title Date APPROVED AS TO LEGAL SUFFICIENCY By Date City Legal Counsel APPROVED AS TO LEGAL SUFFICIENCY By Date Assistant Attorney General By Date District Manager By Date Right of Way Manager 5 0 0 llB liB Exhibit B Woodland-Hillyer Frontage Road Agreement No. 19464 ODOT Funding Source IAccess Management Fu~d (Bonding Program) ~ Amount $550,000.00 T~ Crr~ oF~lC WOODBURN To: Through: From: Date: Subject: Mayor & City Council ~ John BrQwn, City Administrator Mary Tehnant, City Recorder /x May 24, 2002 Transferiof Funds Recommendation: Couhcil adopt the attached Council Bill that will authorize the transfer of General Fund Operating Contingency Funds to the Elections expense line item in the General Fund to pay for the MarCh 12, 2002 Special Election costs. Background: On August 13, 2001, the Council adopted Ordinance No. 2298 which approved an Urban Renewal Plan for the City. On September 11, 2001, referendum petitions were filed with sufficient signatures obtain'ned by the Chief Petitioners to call for a Special Election on this ordit~ance. The election Was held on March 12, 2002 and, since it was the only measure being voted on within our area, the City was responsible for the full cost of this election. We have just recently received the invoice from Marion County in the amount of $6,534.59. Due to the unforeseen need for this election at the time the 2001-02 budget was prepared and subsequently adopted, the General Fund did not include sufficient appropriations to meet this expense and the transfer of contingency funds will insure that the City is in compliance with Local Budget Law. Financial Impact: The General Fund Operating Contingency account will be reduced by $6,535 and payment will be made to Marion County for the March 12, 2002 Special Election. llC COUNCIL BILL NO. 2391 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2001-2002. WHEREAS~ Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations Within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREASI a transfer of General Fund operating contingency appropriations to the Elections and Printing line i[em within General Fund Non-Departmental is necessary to meet an unanticipated financial obhgat~on due to election costs incurred from the Special Election held March 12, 2002 on the Urban Renewal Ordinance Referendum, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriations: GENERAL FUND: Transfer From: Operating Contingency (001-000-921.000) Transfer To: Materials & Services - Elections & Printing (001-199-616.424) $ 6,535 $ 6,535 Approved as to Form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 11D MEMO To.' From: Subject: Date: For Counc~l Action, through the City Administrator Randy Scoit, Senior Engineering Technician, through the Public Works Director Acceptance of Sidewalk/Utility Easements, East Hardcastle Avenue May 22, 2002 RECOMMENDATION: It is being recommendqd that the City Council accept the attached Sidewalk/Utility Easements as described on attachment "A" through "F" BACKGROUND: The property owners i~ conjunction with the East Hardcastle Avenue Street Improvement are conveying the sidewallq/utility easements. The sidewalk/utility easements are to be used for sidewalk, traffic comro] devices and other utilities. Two more sidewalk/utility easements and one fire hydrant easement have yet to be obtained. Included as Attachment "A" through "F" are the properly signed sidewalk/utility easements In[luded as Attachment "Al"though "Fl" are the corresponding map showing the boundary of the easements. A I"I'ACHNII P 1 "A SIDE'~ALK/UTIUTY EASEMENT 'KNOW ALL MEN BY THESE PRESENTS, that James and Carol Daggett, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to heroin as the CITY, a permanent right-of-way and easement over and along the full width and length of ihe premises described as follows, to wit: liD AS DESCRIBED ON EXHIBIT "A" HERETO AND AS DEPCITED ON EXHIBIT "B" HERETO. with the right, privilege and authority, te said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control d~vices and utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewithI in, under and across the said premises, and to cut and remove from said right-of-way any trees and Griper obstructions which may endanger the safety or interfere with the use of said roadway, sidewalk and pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to end over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purpoSes unless it would conflict with the citys use. EXCEPTION: No structure shall.be placed within the easement. ~ [, ~ Accepted by the Woudbum City Council on ,2002 James Deggett Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the (~1 day of ;~)'3,~'. ~ 2002, before me a Notary Public in and for the County and State personally appeared. "'/ known to me to be the sa~ person whose name is sub'~c~bed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me: ~ NOTARY PUBLIC FOR OREGON MyCommisslon Expires:~I,,rr~- (~ ~C0'~ ATTACHMENT "A" EXHIBIT A A tract of land located in Lot 17. Block 2 of GREENVIEW ACRES situated in the Southeast One- Quarter of Section 8, TOwnship 5 South, Range I West, Willamette Meridian in the City of Woodburn. Marion County, Oregon being more particularly described as follows: Beginning at the Southe.~st comer of said Lot 17, Block 2 of GREENVIEW ACRES; thence North 86045'00. West along ~e South line of said LOt 17, 10.43 feet; thence leaving said Sou~h line North 76°05'29" East, 10.92 f~et to the East line of said Lot 17; thence South 03°15'00" West along said East line, 3.22 feet to the poij~t of beginning, containing 17 square feet, more or less. Exfl/cos [~9/'$[t/OJ PROFESSIONAL[ ~ND SU~OR/ TLA800.206 ATTACHMENT "Al" ,. ~D RIGHT-OF- WA Y ACOUIS/T/ON sE 1//4, sec. 8, T. 5 s, ~ i ~ ~.~. CITY OF WOODBURN, MARION COUNT~, OR LOT /7, ~?L O CK 2 o£ GREENVIEW ACRES SCALE: l"= LOT /7, BLOCK 2 POINT OF BEGINNING RDCASTLE A NUE SE COl?. LOT 17. BLOCK 2 GREENIdEW ACRES AT'I'ACHMEN'I' "B" SIDEWALK/UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Donald and Agnes Hagenauer, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full wid!h and length of the premises described as follows, to wit: 11D AS DESCRIBED ON EXHIBIT "A" HERETO AND AS DEPCITED ON EXHIBIT 'B" HERETO. with the right, privilege and authority, ~o said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control ~evices and utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and o~her obstructions which may endanger the safety or interfere with the use of said roadway, sidewalk and pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to iand over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes unless it would conflict with the citys use. EXCEPTION: No structure shall~e placed within the easement. CYonald Hagenauer / Accepted by the Woedbum City Council on ,2002 Agfles Hagenauer ~ Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the /~ day of ~JZL~ 2002, before me a Nota~, Public in and for the County and State personally appeared. knc~vn lo me to be the same person whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. KffA J. MAR, R Before ~e: NOTAR~'-PUBLI~FOR OREGON ./ ATTACHMENT "B" llD EXHIBIT A A tract of land located in LOt I of EASTVIEW SUBDIVISION ~ituated in the Southeast One-Quarter of Section 8, Township 5 S~uth, Range I West, Willamette Meridian, in the City of Woodbum, Marion County, Oregon begin more particularly described as follows: Beginning at the Northwest ~comer of said Lot I of EASTVIEW SUBDIVISION; thence South 86'45'00" East along the N0tth line of said 'Lot 1, 2.06 feet; thence leaving said North line South 56°57'51' West, 2.55 feet tO the West line of said Lot I; thence North 03' 15'00" Eas~ aloag said West line, 1.51 feet to the point of beginning, containing 2 square feet, more or less. REGISTERED ROFESSlONAL D SURVEYOR OREGON · K~.Y 12. 1~3 MALCOLM N. CLARK 601 .,~ TL7600.206 lid ATTACHMENT "BI" POINT OF BEGINNING--t NW COR. LOT I EASFVI~I SUBDMSION SCALE: /"--10' HARDCASTL. E A VENU PROPOSED AND CURB "' ~A COUISITION A/?EA 1CT / Expires 12/'31/'03 , ox~ f'- LAND REGISTERED SURVEYOR ~~ ~) D; ~IA~ ~ [.. ~ ~ ~-~ 2/I3/02 PROFESSIONAL ~ ~ ~ ~ m~ R~ ssociates, Inc. 98. I33.553 OREGON ~Y ,a. ~ee~ SH~ ~CO~ N. C~K ~ ~D~AL~U~LI~ ~SEMENT KNOW ALL MEN BY THESE PRESENTS, t~t Pav~ and Komela Ionko, for ~e ~si~ration of One Dollar ($1 .~) and other valu~le ~nsiderations to them ~id. the r~ipt ~er~f hereby is a~edged, ~reby do forev~ grant unto t~ CI~ OF WOODBURN, a Munidpal Co.ration of Mad~ ~un~. Oregon rarefied to h~in as ~e CI~, a pedant dght~f-~y and easement over and al~ the full width and len~h or,he premises des~i~d as foll~s, to ~t: liD AS DESCRIBED ON EXHIBIT 'A" HERETO AND AS DEPCITED ON EXHIBIT "B" HERETO. with the right, privilege and authority, io said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control devices and utility pipeline o.r pipeli.nes, with all appurt.enances incident thereto or necessary therewi~, in, under and across the said premises, and !o ~ a. no. rerno.v.~e from said right-of-way any trees and ol~her obstructions which may endang.er ~ safety ~ ,n!e..nere ~ the use of said roadway sidewalk an~ pipelines or appurtenances attacneo or connecte, o tnerew~!n, and the dght of ingress and egress to land over said above deschbed prem sas at any and all times tor the purpose of doing anything necessary Or useful Or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and {assigns, reserve the right to use the premises for walkways, driveways, planting, and related.purpqses unless it would conflict with the citys use. EXCEPTION: No struct~_~ ced~r_e__~hall be pla within the esement.~ Accepted by the Woodbum City Council on ,2002 Pavel Ionko ~ o[ ~oodbum, Or. on ~ Ionko STATE OF OREGON ) )SS COUNTY OF MARION ) On this the /~ day of ~ State personally appeared. 2002, before me a Notary Public in and for the County and known to me to be the same person whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me: NOTARY PUI~LIC FOR OREGON I x,'~¢/ COUU ,°.~ON~O.L.~.~-,.,.,, I I r T liD ATTACHMENT "C" EXHIBIT A A tract of land located ir~ Lot 2, Block I of GREENVIEW ACRES situated in the Southeast One- Quarter of Section 8, To~rnship 5 South, Range I West, Willamette Meridian, in the City of Woodbum, Marion County, Oregon, being more particularly described as follows: Beginning at the Southeast comer of said Lot 2, Block I of GREENVIEW ACRES; thence North 8604~'00" West along tho South line of said Lot 2, 11.93 feet; thence leaving said South line North 73*07'39" East, 12.73 feet to the'East line of said Lot 2; thence South 03* 15'00" West alon~ said East line, 4.37 feet to the point of beginning, containing 26 square feet, more or less. I OREOON I ATTACHMENT "CI" liD R/~I-IT-OF- WA Y ACOU/S/T/ON s£ ~/4, s£c. ~, T. 5 S, /~. ~ W, W.~ C/TY OF WOOOBUt?N, MAt?/ON COUNT~, LOT 2, BLOCK ! of GREEN VIEW ACRES ACOUISITION ARF_A-~ I _.,,01'%J_~£ r/l~ // s/w ~vo cu~ , ~.,~ ~-PROPOSEO ~ POINT SE CO~ LOT ~ GRff~ ACR~ HARDCASTLE A VENUE PROFESSIONAL ssoolates, Inc. ~0~ R. ~ 601 ~ ~ ~K ~N~ MNC ~ ATTACHMENT "D" SIDEWAL~U~LITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that William and Susan Wyatt, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: AS DESCRIBED ON EXHIBIT "A" HERETO AND AS DEPClTED ON EXHIBIT "B" HERETO. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control devices and utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and o~lher obstructions which may endanger the safety er interfere with the use of said roadway, sidewalk anti pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to~.and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes unless it would conflict with the citys use. EXCEPTION: No structure shall,t)e placed within the easement. <,.. Accepted by the Woedbum City Council _ .~'._~/~ ../~'~' on ., 2002 Susan Wyatt Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the c~.n'-~ day of /'1'~o..~ 2002, before me a Notary Public in and for the County and State personally appeared. ¢; Iti,,r o..,,4 known to me to be the same person whose name"~s subscribed !o the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MAltY Before me: FOR OREGON lid ATTACHMENT "D" EXHIBIT A A tract of land described ir Volume 631, Page 62 situated in the Southeast One-Quarter of Section 8, Township 5 South, Range West, Willamette Meridian in the City of Woodbum, Marion County, Oregon being more partict/afly described as follows: Beginning at the Northeast comer of said tract of land described in Voltune 631, Page 62; thence South 03° 15'00' West alon the East line of said tract, 1.60 feet; thence leaving said East line North 56'48'14" West, 3.20 feet the North line of said tract; thence South 86'45'00" East along said North'line, 2.77 feet to the point of beginning, containing 2 square feet, more or le~s. REGISTERED ~'~ ROFESSIONALI D SURVEYOR! OREGON JUlY '12. MALCOLM N. CLARK 601 TI.,4600.206 III ATTACHMENT "D 1" RIGHT-OF-WA Y ACOU/$/T/ON SC ~/~, SEC. ~, T. 5 S, ~. ~ W, CITY OF WOODBURN, MAR/ON COUNT~, OR VOL. G~I, ,°G. G2 $CALK' ~"= ~0' HARL ASR_E A VENUE ~ v 1. ACOUI$1TION AREA VOL. G~I, PG. G2 OF BEGINNING NE COl?. VOL. 631, PG. 62 s/w ANL~ CU/?B ~ ~/~ ~/oc REGISTERED ~ PROFESSIONAL LAND SURVEYOR, LOREGON MALCOLM N. CLARK 601 ..~ ssocxates, Inc. Ir/OC: 682--4018 DRAWN A/~'/( J DESIONEO MI~C J CHECKED FILE 98. I33.553 SIDEV~ALK/UTIUTY EASEMENT KNOW ALL MEN BY THESE PRESENTS. that James and Rebecca Kirsch. for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporatio~ of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width land length of the premises described as follows, to wit: 11D AS DESCRIBED ON EXHIBIT *'A" HERETO AND AS DEPCITED ON EXHIBIT "B" HERETO. with the right, privilege and authority, to ~said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control de,ices and utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, ~, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said roadway, sidewalk and I~ipelines, or appurtenances attached or connected therewith; and the right of ingress and egress toa~d over said above descmibed premises at any and all times fer the purpose of doing anything necessa~ry or useful or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and assigns, reserve the dght to use the premises for walkways, driveways, planting, and related purposes unless it would conflict with the citys use. EXCEPTION: No structure shall be placed within the easement. Accepted by the Woodbum City Council on ,2002 Mary TennanL City Recorder City of Woodbum. Oregon STATE OF OREGON ) ) SS COUNTY OF MARION 4~' ) On this the-~, ~t, day of ~ ,,,..j~; zeoz. 2002, before me a Notary Public in and for the County and State personally appeared. known to me iq be the same person whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me: My Commission Expires: ¥ T ATTACHMENT "E" liD EXHIBIT A A tract of land described i~ Volume 626, Page 44 situated in the Southeast One-Quaner of Section 8, Township 5 South, Range ~ West, Willamette Meridian in the City of Woodbum, Marion County, Oregon begin more particularly described as follows: Beginning at the Northwed comer of said tract of land described in Volume 626, Page 44; thence South 86'45'00' East along the Norlh line of said tract, 5.80 feet; rite, nee leaving said North line South 67°25'18'' West, 6.46 feet to lite West line of said tract; thence North 03° 15'00' East along said West line, 2.81 feet to the point of beginning, containing 8 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR TL5600.206 ATTACHMENT "El" llD RIGHT-OF- WA Y ACQUISITION $~ ~/4, s£c. 8, r. 5 S, ~. ~ W, W.~. CiTY OF WOODBUR~ UARION COUN~ OR VOL. 626, PC. 44 SCALE: 1"= 10' Expires 12/51/0.7 mPROFESSIONAL ~ · . /~D SUR~OR ssoemte~, ~e. ~. ~~.~ ~ t~ ...~~,, - ,~¢-~.~ O~OM ~COLM N. C~K~ ~K MNC MHC ~ 601J ATTACHMEN'I' "1.' SIDEWALK/UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Karen Hagenauer, Donald Hagenauer and Agenes Hagenauer for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CITY OF WOODBURN, a Municipal Corporatior~ of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easemer~ over and along the full width and length of the premises described as follows, to wit: lid AS DESCRIBED ON EXHIBIT "A" HERETO AND AS DEPClTED ON EXHIBIT "B" HERETO. with the right, privilege and authority, tO said City, to construct, maintain, replace, reconstruct, remove, and add to, sidewalk, traffic control devices and utility pipeline or pipelines, with all appurtenances incident thereto or necessan~ therewithI in, under and across the said premises, and to cut and remove from said fight-of-way any trees and other obstructions which may endanger ~ safety or interfere with the use of said roadway, sidewalk and pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to end over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, platting, and related purposes unless it would conflict with the citys use. EXCEPTION: No structure shall be placed within the easement. Donald Hagenauer · / Accepted by the Woodbum City Council on ,2002 Mary Tennant, City Recorder City of Woodbum, Oregon R"egbnaue/"~ STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the Ii'ay of ~Q_/~. 2002, before me a Notary Public in and for the County and State personally appeared. known to me to be the'same 15erson whose name is subscribed to the within instrument and acknowledged that they voluntarily executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Before me.:-' ~INW I~eUC-OIK-I~ NOT/ARyrpuBuc F-~R ORE~ON ~ C~kMSSlO~I ~ I~. 21. ~04 My Commission Expires: F~"~. ATTACHMENT "F" llD EXHIBIT A A tract of land located in Lot 18 of EASTVIEW SUBDIVISION situated in. the Southeast One-Quarter of Section 8, Township 5 ~outl~ Range ! West, Willamette Meridian, in the City of Woodbum, Marion County, Oregon berg more particularly described as follows: Beginning at the Northeast comer of said Lot 18 of EASTVIEW SUBDIVISION; thence South 03° 15'00" West along lhe F_.ast line of said Lot 18, 1.48 feet; thence leaving said East line North 56°48'01' West, 2.97 feet io lhe North line of said Lot 18; thence South 86'45'00' East along said North line, 2.57 feet to the point of beginning, cor,aining.2 square feet. more or less. 12/31/OJ FPLANREGISTERED ROFESSIONAL SURVEYOR k,._MALCOREGON i TL9300.206 ATTACHMENT "Fl" 'liD SCALE: ~"=~0' HAR ASTL. E A VENUE ,q OF BEGINNING NE COt?, LOT 18 ffAST~qEW. SUBDIIffSION s/w AND CURB ACOUISITION A LOT ~8 Expires 12/,.51/03 , PROFESSIONAL { ~ ~ o~ ~ nm LAND SURVEYOR ssociates, Inc. 98. · , r~ ~8 I~-~B.D~ OREGON ~COLM N. C~K ~ 601 ~ ~WN ~K ~NEO MNC ~ECKEO MNC llE May 28,2002 TO: FROM: SUBJECT: HonOrable Mayor and City Council John C. Brown, C~ty Administrator'~c: Boones Ferry LID Recommendation:! It is recommended the City Council: 1. Receive and consider staff reports, City Attorney's opinion and information placed into the public hearing record by the City Attorney record prior to 5pm on May 22, 2002; and 2. Instruct Staff to prepare an Ordinance for Council action ordering improvements to Boones Ferry Road from Goose Creek to Hazelnut Drive and adopting the Local Improvement District for said improvements. Background: On May 13, 2002 you conducted the public hearing related to the Boones Ferry I~ID. You also received a report from the City Attorney which discussed issues related to "significant impact land use decisions". The hearing was closed, ending the noticed remonstrance period, but the record was left open until 5 pm on May 22, 2002 for the purpose of receiving written material related to the LID. Discussion: Attached is a staff report presenting the remonstrance tally, a City Attorney's opinion on legal questions raised at the public hearing, and material prepared by city staff and entered into the record prior to 5 pm on May 22, 2002. Total remonstrance is approximately 35 percent. As indicated in the City Attorney's opinion, the City Council has broad authority to determine district boundaries and allocation of costs, may legally charge both TIF's and LID assessments to fund the project, and can rely on trip generation information for both TIF's and LID assessments. The information entered into the record on May 22, 2002 is expected to strengthen the City's position in the event of a legal challenge to the LID. Accordingly, it will be recommended that City Council instruct Staff to prepare an Ordinance for Council action ordering improvements to Boones Ferry Road from Goose Creek to Hazelnut Drive and adopting the Local Improvement District for said improvements. Honorable Mayor~and City Council May 28, 2002 Page 2. liE. I will provide an oral staff report at your May 28, 2002 meeting, during which I will review the entire Boones Ferry project, the segment to be improved with the proposed LID, project funding and cost apportionment methodologies, and remonstrance results. I will also address issues raised at the May 13, 2002 public hearing, and review the material included with this report. If you have any questions in the meanwhile, please give me a call. JCB CC: City Attorney Public Works Director liE MEMO To.' From: Subject: Date: For Council Action, through the City Administrator Public Works Director ~ Boones Ferry Road Improvement i May 2 I, 2002 RECOMMENDATIOI~: Instruct staffto prepare an Ordinance for council action ordering improvements to Boone~ Ferry Road from Goose Creek to Hazelnut Drive and adopting the Local Improvement District for said improvements. BACKGROUND: A public hearing on the Boones Ferry Road Improvement project was held after proper notification to the prope~y owners, through published advertisement in the paper and a direct letter by mail. The City Council at the r~larly scheduled meeting held on May 13, 2002, closed the public hearing at~er receiving in~ut from property owners of the proposed improvement district, and by motipn directed staff perform analysis, outline councils options and make a recommendation. The summation of writte~ remonstrances received, as shown on the attached table, is approximately 5%, however, the total number of properties opposing the improvement in writing combined with verbal te~ony is about 35 percent. All legal requirements have been met and staff analysis indicates tl~ number of remonstrance's received are not sufficient to stop the project. The council options are to 1) instruct staffto prepare the improvement ordinance for council action, or 2) postpone the decision, or 3) instruct staffto modify certain requirements, or 4) abandon the improvement. Staff is recommending Option I be chosen by the city council. Attached is the remonstrating properties of record. REMONSTRATING PROPERITES A. WRITTEN REMONSTRANCE MAP & TAX LOT OWNER COST AREA NO. ~ PERCENTAGE PERCENTAGE 051W07AC, 1900 KRAITER 0.12% 0.16% 051W07AC, 1500 i BAKER 0.11% 0.12% 051W07AB, 5600., POWERS 0.11% 0.11% 051W07BD, 500 LINDSTROM 0.23% 0.33% 051W06CD, 7200- HERITAGE 4.98% 4.33% 11700 MEADOWS LLC SUB TOTAL 5.55% 5.05% B. OPPONENTS TESTIMONY . ,liE. MAP & TAX LOT OWNER COST AREA NO. PERCENTAGE PERCENTAGE 051W07BA, 4300 ROWELL 0.11% 0.11% 051W07BD, 3800 CHRIST~SON 0.11% 0.11% 051W07BA~ 2900 LEACH 0.12% 0.15% q~ 1W07AC, 1800 HOLCOMB 0.11% 0.11% 051W07BD, 3200 HAMMACK 0.11% 0.11% 051W07BA, 7900 ANDERSON 0.11% 0.09°/0 051W07BA, 8400 BECHTOLD 0.11% 0.11% 051W07AC, 1500 !! BAKER 0.11% 0.12% 051W07BD, 2700 ~ I GEMMA 0.12% 0.13% 051W07AC, 1900 K1LAITER ABOVE COUNTED 051W07AB, 200 RESCH 0.20% 0.22% 051W07AA, 2600 BETTS 0.07% 0.08% 051W07AB, 300 SMITH 0.22% 0.300/0 051W07BA, 13200 MOESER 0.11% 0.12% COX, ATTORNEY FOR THE FOLLOWING VARIOUS TUKWILA 20.94% 22.61% PARTNERS VARIOUS HAZELNUT 2.36% 2.20% PARTNERS VARIOUS REINAISSANCE 0.51% 0.38% HOMES VARIOUS UNITED 3.85% 2.71% PROPERTIES SUB TOTAL 29.27% 29.66% I TOTAL (A+B) I I34.82% I34-71% I liE MEMORANDUM OPINION 2002-03 TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL JOHN BROWN, CITY ADMINISTRATOR N. ROBERT SHIELDS, CITY ATTORNEY ~/5 DENIEI~E WON, ASSISTANT CITY ATTORNEY MAY 2~, 2002 LEGAL QUESTIONS CONCERNING BOONES FERRY ROAD I~VIPROVEMENT PROJECT Background: This memorandum addt~esses certain legal issues raised at the May 13, 2001 public hearing on the Boones Ferry Road improvement District. The Boones Ferry Road project will be funded by both Transportation Impact Fee (TIF) revenue and funds from a Local Improvement District (LID) special assessment. It is first helpful to clar~ these funding mechanisms. Transportation Impact Fee The Transportation Impact Fee (TIF) does not fund local streets nor existing deficiencies. The TIF rate study was based on the projects identified as needed in the Woodburn Transportation System Plan (TSP). That plan identifies all the city's road, pedestrian, bicycle, and transit facility needs for the next twenty years. Some of those needs result from existing deficiencies in the city's transportation; system and others result from demands created by development. Under state law a TIF can only be charged to finance capacity needed for new growth. Legally, the city can not charge a TIF to finance the repair of existing roads or to build capacity to satisfy existing deficiencies. To arrive at the portion of the TSP projects that relate to growth, the rate study began with all the projects in the TSP and excluded those related to local streets and existing deficiencies. To assure that the TIF charge would be related to new growth within the City, the study also excluded projected "through" traffic on the City streets, which originate and end outside the city. The TIF rate study also excluded from the TSP projects related to deficiencies in the existing pedestrian/bikeway and transit portions of the City transportation system. ''llE Memorandum Opinion 2002-03 May 22, 2002 Page 2 Local Improvement District Assessment The formation of a local improvement district (LID) is allowed under state law when certain properties will specially benefit from the construction of an improvement. A property has "specially benefited" when the construction of an improvement "add[s] anything to the convenience, accessibility and use of the property as distinguished from benefits arising incidentally out of the improvement and enjoyed by the public generally." Hutchinson v. City of Corvallis, 134 Or App 519, 523-524, 895 P2d 797 (1995) quoting State Highway com. V. Bailey et al., 212 Or 261,306, 319 P2d 906 (1957). The City Council has wide discretion in determining the LID boundaries and the fair allocation of costs among the properties in the district. The fundamental determination is whether the assessed properties receive a special benefit, other than exactly the same benefit received by the general public. The city can assess property for an improvement even if the improvement also confers a general benefit as long as the properties within the LID realize a special benefit that the general public does x~ot receive. Ca _n, the. city legally charge the same properties both a Transportation Imp act Fee (TIF) and a LID assessment in order to fund the Boones Ferry Road ~mprovement project. Yes. In the case of the Boones Ferry Road improvement project it is legal for the city to charge both a Transportation Impact Fee (TIF) and a LID assessment. Boones Ferry Road was built and upgraded over the years by Marion County. As Woodburn grew, the portion of Boones Ferry within the city improved over the years to adapt to the urbanizing needs, but was never built to city standard. Through the Boones Ferry Road improvement project, the presently existing 34-foot wide roadway will be brought up to city standard with funding from the LID assessment. The LID funds will be used to complete the portion of the improvement which does not expand capacity and will come from properties within the district which specially benefit. As part of the same project, the capacity of the roadway will be expanded to an overall width of 48 feet through use of TIF funding. The capacity expansion portion of the project brings Boones Ferry Road into compliance with the city's arterial street width and structural standard as specified in the Woodburn Transportation System Plan (TSP). Is a legal problem created by using vehicle trips as a standard for both the calculation of the TIF and to determine the amount of the LID special assessment? No. Both the TIF rate study and the LID assessment use vehicle trips to calculate a proportionate per unit share of the respective costs. In the TIF rate study, vehicle trips were used as a divisor to allocate the total costs of future capacity increasing projects. In the special assessment for the LID, trips are also used as one method to allocate the total costs among the various benefitted properties. The fact that vehicle trips is used to measure the impact of future Memorandum Opinion 2002-03 May 22, 2002 Page 3 growth to determine the TIF and also is used as part of the formula to spread the cost of the benefit of the LID does not result in a property paying twice for the same improvement. Rather, a similar measure of burden and impact is used to allocate proportional shares of costs of the two different parts of the Bopnes Ferry Road improvement project. What is the legal authority of the City Council to determine the benefit received by property within an LID? The amount of the LID gssessment must be equal to the benefit received by the property. However, many benefits imeasured in a local improvement project are not subject to precise mathematical computatign. Consequently, reasonableness is what is required of a formula applied to the benefitted ~roperties to apportion the costs according to the benefits. The Oregon Supreme co~trt has held that in determining whether the improvement benefits the property, its present use is not controlling. Western Amusement Co, Inc. v City of Springfield, 274 Or 37,, 545 P2d 592(1976). The rational for permitting assessment of vacant property is that if benefit had to be determined by the present use, an owner could change the use after we made the assessment and receive full benefit of the improvement without any payment. As previously stated, the City Council has broad authority to determine the local improvement district boundaries and fair allocation of the costs. Appellate courts have held that LID determinations will be presumed correct unless the objecting property owner can show a complete lack of substantial evidence that the proportionate benefit derived by their property is at least reasonably related to the proportion of the total cost of the LID or that the rational for the allocation of the assessments was "palpably arbitrary." liE , liE- SUPPLEMENTAL RECORD MATERIAL (Submitted by 5:00 p.m. on May 22, 2002) BOONES FERRY ROAD LOCAL IMPROVEMENT DISTRICT Exhibits 1, 2, 3't 4, 5, 6, 7 and 8 consisl of documents that the City Council is familiar with. They are available for e~Xamination from the City Recorder but have not been reproduced for this packet. Photocopies of the remaining supplemental ekhibits are attached. W.OODB .uRN Incorporated 1889 lie May 22, 2002 Mary Tennant, City Rec,~rder Woodbum City Hall 270 Montgomery Street Woodbum, OR 97071 Re: Boones Ferry R.o~d Local Improvement District Please place into the record the enclosed documents. Some of the documents were previously a part of City Council packets and are included so that the record is complete. Other documents were received before May 22, 5:00 p.m., from interested parties and should also be included. All of th~s material (together with the original remonstrances and the audio tapes of the public hearing) should be retained and kept together in case there is a future legal proceeding. The following documents are enclosed for the record: Exhibit 1. City of Woodburn Transportation Impact Fee (TIF) Update, Methodology Report and Rate Study dated October 29, 1999. Exhibit 2. City of Woodbum 2002 - 2003 Recommended Annual Program Budget. Exhibit 3. Resolution No. 1530 authorizing an engineering report. Exhibit 4. Project Report from City Administrator dated March 11, 2002 and presented at the March 11, 2002 City Council meeting. Exhibit 5. Engineering report approved at April 8, 2002 City Council meeting. Exhibit 6. Resolution No. 1676 (A resolution of intent to improve Boones Ferry Road.) Exhibit 7. Public Works staff report dated May 8, 2002 and presented at the May 13, 2002 public hearing. Exhibit 8. Photocopies of transparencies presented by Public Works Director at May 13, 2002 public hearing. Office of the City Attorney 270 Montgoraery Strut · IY/oodburn, Oregon 97071 Ph.503-982-5228 · Fax 503-982-5243 Mary Tennant May 22, 2002 Page 2 Exhibit 9. Exhibit 10. Exhibit 11. Exhibit 12. Exhibit 13. Exhibit 14. Memo from Randy Scott, Senior Engineering Technician, dated May 20, 2002 regarding Boones Ferry Road Local Improvement district. Letter da!ed May 20, 2002 from William C. Cox, attorney, regarding Boones Ferry Road LID. Memorandum dated May 21, 2002 from Jim Mulder, Director of Community Development, regarding supplement to the record on the impact of Boones Ferry Road LID. Memorandum Opinion No. 2002-03. Letter dated May 22, 2002 from First Presbyterian Church. Letter dated May 22, 2002 from William C. Cox, attorney, regarding Boones Ferry Road LID. liE' Sincerely, N. Robert Shields City Attorney CC: John Brown, City Administrator Frank Tiwari, Public Works Director MEMO To: From: Subject: Date: Robert Shields, City Attorney Randy Scott, Senior Engineering Techni¢i Boones Ferny Road Local Improvement District May 20, 2002 EXHIBIT 9 liE Supplement to record roi Boones Ferry Road Local Improvement District addressing significant impact. The following are my comments in regards to the items we discussed. Location: The proposed improvement of Boones Ferry is from approximate Goose creek to Hazelnut Drive. The existing street provides two travel lanes approximately 11-12 feet in width both directions. The proposed improvement will widen Boones Ferry street surface to 48 feet in width providing two travel lanes, one turn lane and a bike. lanes in each direction. The improvement will be complete with curbs, drainage improvements, installation of sidewalks on both sides, ADA ramps at all intersections and street lighting. The improvement will also include undergrofinding existing utilities. Bo Current land use and zoning: The surrounding land use and zoning is not proposed ~o be changed by this improvement. Current Traffic Pattern: The proposed improvement will provide for additional vehicular and bicycle capacity. Pedestrian safety will also be improved providing sidewalks on both sides meeting ADA requirements, currently none exist. This is an improvement to an existing road, traffic patterns from surrounding neighbor hoods or connecting streets will not be altered or capacity increased beyond the specific improvement. Do Current Access: The existing access to adjacent properties will remain the same except the improvement will be improved to conform with city standards. Access to nearby properties, other then adjacent, is not proposed to change. Property Impacts: The impacts to surrounding and adjacent properties should be minimal. The adjacent properties will be impacted by the widening, but this only will impact the appearance of the property frontage. The project will provide increased safety for vehicular, bicycle and pedestrian traffic for both adjacent and surrounding property. Attached please find a map depicting the Local Improvement District Boundary and identifying developed and undeveloped property within that district. liE d 0 zc~ ~ ©n _ / ! 3~ zo ~z <~ z ~ I William C. Cox atmmey at law Land Use and Development Consultation ,,b REC'D ,a, MAY 21 2002 WOODBURN CITY AI-[ORNEY EXHIBIT 10 11E Gary p. Shepherd Of Counsel (503) 233-1985 May20,2002 Robe~ Shields WoodbumCityA~omey 270MontgomeryS~eet Woodbum, Oregon97071 Re: Boones Ferry Road L.I.D. Bob, Please place this letter in th~ record relating to the above identified matter. This office represents the inter~gsts of Tukwila Part~, ers, United Properties of Oregon, Renaissance Custom Homes, Hazeint~ Partners "A" and Withers Lumber Company, owners of property which the present scope of a Local Improvement DisU'ict (L.I.D.) proposes to tax for improvements to Boones Ferry Road between Goose Creek and Hazelnut Drive. The aforementioned entities all formally object to the stated intention to levy an L.I.D. fee on their properties. Boones Ferry Road between Highway 214 and the Urban Growth Boundary, which includes the proposed L.I.D. area, is listed on the Traffic Impact Fee (TIF) Eligible Transportation Capital Improvements Projects (CIP) List. (Source: City of Woodbum, Transportation Impact Fee (TIF) Update, Methodology Report and Rate Study, 10/29/99). The 1999 study identified and listed planned capacity increasing motor vehicle, pedestrian, bicycle, and transit transportation improvement projects. Each project which made the final CIP list was assigned an estimated cost of construction and a projected time period for completion. There are two general types of system development charges (SDC) allowed in Oregon, reimbursement and improvement. Woodbum's TIF is an improvement SDC in that it is charged for new or expanded capacity-increasing capital improvements needed to serve growth. Woo{ibm first adopted its TIF ordinance in 1993, reviewed and updated it in 1999 by the above mentioned Don Garner and Associates 10/29/99 study. The methodology used to assign the TIF to individual properties is based upon the growth related costs of specific capacity increasing projects (such as subdivisions) on arterial and collector roads. Boones Ferry Road is classified an arterial in the area of the proposed LID and appears in the CIP list. The TIF rates to be charged new development were arrived at using trip generation rates for major land use categories such as residential, commercial, industrial, etc. The methodology, 0244 S.W. California Street · Portland, Oregon 97219 · (503) 246-5499 · FAX (503) 244-8750 4~ T , liE. using the Institute of Traffic Engineers (ITE) Trip Generation manual (6th Edition, 1997), accounts for peak-hour impacts and pass-by trips, and are then multiplied by the average trip length for each land use category to determine a total new person-trips per day by each mode of travel (e.g./motor vehicle, pedestrian/bicycle and transit). The Residential trip generation rate of 9.57 identified for a single i:amily residence in Woodburn is based upon the total new person trip generated by each mode. The total new person trips for each use category were then applied to the total cost of projects on the (CIP) list to arrive at the total TIF for each land us classification. The cost of all projects on the 1999 TIF Eligible CIP list was estimated at $65,567,398. The portion of that total representing Boones Ferry Road was $1,200,000. (Don Garner and Associates 1999 study, Table 3.2). After application of the total new trip generation figure for all use classifications to the CIP, a figure per mode of travel was calculated. The portion of the total cost for each new trip to be applied to each major land use category was then identified. In the case of single family residential uses the total TIF charged per new home was calculated at $3,092 in 1999. There is an annual adjustment method to keep costs of the CIP current with inflation. Annual increases will have raised that per home contribution to CIP listed projects to nearly $4,000 in the near future. So, why did I give you all ~e preceding information? To make the point that every property that has or will pay a TIF has alteady been charged its fair share of the costs associated with each CIP listed improvement. That TIF charge has been determined to be the total amount of improvement cost eac*h newly constructed home must shoulder to offset its impact on the public facilities listed on the CIP. Put in another manner, the TIF was calculated to represent the portion of the total CIP listed projects to be paid by the occupants of each new house. In the U.S. Supreme Court Case ofDolan v. City of Tigard (1994) it was held there must be rough proportionality between the requirements placed on a development by government and the impacts of the development on public facilities. Through the use of nationally recogni?ed standards for levels-of-service and trip generation the rough proportionality measurement is applied to insure that new growth is not required to pay an amount beyond a level roughly proportionate to the new development's impact on facilities. Woodbum's TIF is based upon the principles of Dolan and rough proportionality. The City violates that rough proportionality test when it attempts to impose upon the same house a L.I.D. charge in addition to the TIF. Imposing the L.I.D. charge against a house which has or will be charged a TIF to pay for the same proposed L.I.D. funded improvement to Boones Ferry Road will result in taxing each use twice for the same improvement. The proposed L.I.D. charge for growth related residential improvements upon Boones Ferry Road is based on the same 9.57 trips per day as is the TIF. In evaluating the fairness of imposing a L.I.D. charge in addition to the TIF it is important to note that the owner of each house built within a subdivision has also paid his or her pro rata share of the local street serving that house in the purchase price of the house. The subdivision developer is required to fund entirely the cost of the local streets which serve that subdivision. No TIF funds go to improve local streets under the theory they are there to primarily serve the liE transportation needs of each house in the subdivision. Arterial streets however serve the public as a whole and not just adjacent homes. The TIF was created to charge that house's share of improvements to the common traffic way used by all citizens. To add an L.I.D. to the total paid is forcing the new trip generator to pay not only for his/her local street but to subsidize the common traffic in a manner that is way out of proportion to the generator's impact on that common traffic way (arterial). That impact has already been determined to be entirely measured by the amount of TIF imposed on each type of use. I hope this letter helps explain my clients' position on the proposal to have them pay an L.I.D. charge in addition to the TIF they have or will be required to pay. The City has already begun creating a Capital Improvement Fund from which it will draw the money needed to construct all the improvements on its CIP list. I note a comment made at the recent hearing that the Capital Improvement Fund created bY TIF needs to be spread around to make it go farther. Such a statement can not be supporled. If the contemplated improvement has never been on the CIP list it is not to receive TIF funds. The cost of each improvement on the CIP list will eventually be funded if the TIF program Was established as the law requires. The entire cost of constructing that improvement was already used in arriving at the TIF for each house. , CC: Addressee via facsimile to 503-982-5243 Clients 3 CITY OF WOODBURN Community Development EXHIBIT 11 11E MEMORANDUM 270 Montgome~/ Street Woodbum, Oregon 97071 (503) 982-5246 Date: To: From: Subject: May 21, 2002 Bob Shields, City Attorney ,Jim Mulder, Director of Community Development Supplement to the Record on the Impact of Beeries Fer~ Road LID As follow up to our disqussion regarding the above, I have addressed various questions you posed to me. TheSe questions had to do with determining whether the proposed LID could constitute a Significant impact land use decision. My responses to your questions are as follows: Does the project alter the existing traffic pattern? The project will widen and improve existing right qf way and will provide additional traffic capacity. These improvements are beiqg done in conformance with improvements planned in the City's Transportation System Plan (TSP). This planned improvement is not expected to alter the existing traffic pattern, although it is possible that traffic that presently uses local streets to avoid congestion on Boones Ferry Road, will use Boones Ferry Road after the improvements are completed as intended by the TSP. Does the project change the access of nearby properties? The project will improve access to properties through the provision of a center turn lane and sidewalks, but will not change the location or type of access to any property. Does the project "set the stage for future development?" By "setting the stage", I understand that to mean: could future development occur without the project? Development has and continues to occur without the project. The City has not denied or discouraged development due to a lack of the project's improvements. However, the project will provide the traffic capacity planned by the TSP to accommodate future development citywide. Therefore, the TSP, not this project, has set the stage for future development. Significant impacts of land use decisions relating to this project were assessed as part of the TSP adoption. This project is merely completing the improvements planned in the TSP. Will the project alter the character of the surrounding land uses? Most of the surrounding land uses are already developed. The project will not change zoning or alter the regulation of land use in the project area. ¥ T liE' What are the actual impacts of the project on land use? Actual impacts on land use include less congestien, and improved and safer access resulting from completion of a center turn lane and Sidewalks. Will the project significantly alter the long-established character of the area? The character of the area is predominately single family residential. This project will not alter that character in that zoning will remain predominately single family residential. Will the project char~ge traffic patterns in the surrounding neighborhoods? The project will improve aY~ existing street and will not change traffic patterns, except that traffic that currently uses local streets to avoid congestion on Boones Ferry Road may use Boones Ferry Road after project completion. This would have an intended positive effect on traffic patterns. 2 MEMORANDUM OPINION 2002-03 EXHIBIT 12 liE TO: FROM: DATE: SUBJECT: MAYOR:AND CITY COUNCIL JOHN BI'OWN, CITY ADMINISTRATOR N. ROBERT SHIELDS, CITY ATTORNEY ~~ DENIECE WON, ASSISTANT CITY ATTORNEY MAY 22,2002 LEGALQUESTIONS CONCERNING BOONES FERRY ROAD IMPROVEMENT PROJECT Background: This memorandum addresses certain legal issues raised at the May 13,2001 public hearing on the Boones Ferry Road Improvement District. The Boones Ferry Road project will be funded by both Transportation Impact Fee (TIF) revenue and funds from a Local Improvement District (LID) special assessment. It is first helpful to clarify these funding mechanisms. Transportation Impact Fee The Transportation Impact Fee (TIF) does not fund local streets nor existing deficiencies. The TIF rate study was based on the projects identified as needed in the Woodbum Transportation System Plan (TSP). That plan identifies all the city's road, pedestrian, bicycle, and transit facility needs for the next twenty years. Some of those needs result from existing deficiencies in the city's transportation system and others result from demands created by development. Under state law a TIF can only be charged to finance capacity needed for new growth. Legally, the city can not charge a TIF to finance the repair of existing roads or to build capacity to satisfy existing deficiencies. To arrive at the portion of the TSP projects that relate to growth, the rate study began with all the projects in the TSP and excluded those related to local streets and existing deficiencies. To assure that the TIF charge would be related to new growth within the City, the study also excluded projected "through" traffic on the City streets, which originate and end outside the city. The TIF rate study also excluded from the TSP projects related to deficiencies in the existing pedestrian/bikeway and transit portions of the City transportation system. Memorandum Opinion 2002-03 May 22, 2002 Page 2 Local Improvement District Assessment The formation of a local improvement district (LID) is allowed under state law when certain properties will specially benefit from the construction of an improvement. A property has "specially benefited" when the construction of an improvement "add[s] anything to the convenience, accessibillty and use of the property as distinguished from b,,enefits arising incidentally out of the ilnprovement and enjoyed by the public generally. Hutchinson v. City of Corvallis, 134 Or App $19, 523-524, 895 P2d 797 (1995) quoting State Highway com. V. Bailey etal., 212 Or 261,306, 319 P2d 906 (1957). The City Council has wide discretion in determining the LID boundaries and the fair allocation of costs among the properties in the district. The fundamental determination is whether the assessed properties receive a special benefit, other than exactly the same benefit received by the general public. The city can assess property for an improvement even if the improvement also confers a general benefit as long as the properties within the LID realize a special benefit that the general public does hot receive. Ca,n,the city legally charge the same properties both a Transportation Impact Fee (TIF) and a LID assessment in order to fund the Boones Ferry Road improvement project? Yes. In the case of the Boones Ferry Road improvement project it is legal for the city to charge both a Transportation Impact Fee (TIF) and a LID assessment. Boones Ferry Road was built and upgraded over the years by Marion County. As Woodburn grew, the portion of Boones Ferry within the city improved over the years to adapt to the urbanizing needs, but was never built to city standard. Through the Boones Ferry Road improvement project, the presently existing 34-foot wide roadway will be brought up to city standard with funding from the LID assessment. The LID funds will be used to complete the portion of the improvement which does not expand capacity and will come from properties within the district which specially benefit. As part of the same project, the capacity of the roadway will be expanded to an overall width of 48 feet through use of TIF funding. The capacity expansion portion of the project brings Boones Ferry Road into compliance with the city's arterial street width and structural standard as specified in the Woodburn Transportation System Plan (TSP). Is a legal problem created by using vehicle trips as a standard for both the calculation of the TIF and to determine the amount of the LID special assessment? No. Both the TIF rate study and the LID assessment use vehicle trips to calculate a proportionate per unit share of the respective costs. In the TIF rate study, vehicle trips were used as a divisor to allocate the total costs of future capacity increasing projects. In the special assessment for the LID, trips are also used as one method to allocate the total costs among the various benefitted properties. The fact that vehicle trips is used to measure the impact of future 'I'IE Memorandum Opinion 2002-03 May 22, 2002 Page 3 growth to determine the TIF and also is used as part of the formula to spread the cost of the benefit of the LID does not result in a property paying twice for the same improvement. Rather, a similar measure of bur~den and impact is used to allocate proportional shares of costs of the two different parts of the Bopnes Ferry Road improvement project. What is the legal autho ~'ity of the City Council to determine the benefit received by property within an LII~ ? The amount of the LID assessment must be equal to the benefit received by the property. However, many benefits measured in a local improvement project are not subject to precise mathematical eomputati¢ o. Consequently, reasonableness is what is required of a formula applied to the benefitted properties to apportion the costs according to the benefits. The Oregon Supreme co~ has held that in determining whether the improvement benefits the property, its present use s not controlling. Western Amusement Co, Inc. v City of Springfield, 274 Or 37, 545 P2d 592 (1976). The rational for permitting assessment of vacant property is that if benefit had to be determined by the present use, an owner could change the use after we made the assessment and receive full benefit of the improvement without any payment. As previously stated, theiCity Council has broad authority to determine the local improvement district boundaries and fair allocation of the costs. Appellate courts have held that LID determinations will be p~sumed correct unless the objecting property owner can show a complete lack of substantial evidence that the proportionate benefit derived by their property is at least reasonably related to the proportion of the total cost of the LID or that the rational for the allocation of the assessments was "palpably arbitrary." liE F~RST PRESBYTERL~N CHURCH ~.0. ~OX 333 g81-g121 Wcctncsday, May 22, 2002 EXHIBIT 13 To %~om !t May Concern: At the meeting of Session (the Governing Body of our church) on May' 21, We discussed the minutes of the April 8 Woodbum City Council m~ting, the reaoqxt public heatings. We believe, that althougll th~ ~ Ferry project is beiag done itl two separate pha~, one phase effects the otl,m- and all ~ owners pot~tially effected by the Proposed Local Improvem~t District -(LID) should have been notified pursuant to ORS Public Notice requirements. Ob-ciously, We are deeply concerned about the timing.and financing of .the. 214/Boones Ferry Rd. interchange. At the time Frank Tiwarj met with us on August 14, 2001, we indicated that we wanted to be included in thc information loop oa this bsue. We were not. We wottld ask that you inchute this lettex in the public record. Thank you ~br your Consideration in this matter. Sincerely, France's P. Guzie, Clerk of Session William C. Cox an~nt~ at REC'D HAY 2 2 2002 Land Use and Development Consultation EXHIBIT 14 llE Gary P. Shepherd Of Counse! (503) 253-~ 9~5 May 22, 2002 Robert Shields Woodbum City Attorney 270 Montgomery Street Woodbum, Oregon 9707~ Re: Boones Ferry Road L.I.D. Dear Bob, As I have indicated in past correspondence, I represent Tukwila Partners, owners of property slate~l for participation in thc Beeries Ferry Road L.I.D. In addition to the issues raised in my May 20, 2002 letter regarding double taxation for TIF impacted residential lots there remains another question. That is thc justification for adding to the list of properties slated for L.I.D. contribution the portion of the Tukwila development which is within the UGB but can not be developed without expansion of the UGB allowing secondary access to the Tukwila property. Throughout development of phases in Tukwila there has been a lack of planning staff recognition of the Tukwvila Master Plan as an indicator of density, size of lots, etc. Each phase has been treated as a separate subdivision with no density commitments having been granted by adoption of a master plan. Now the public works staff wants to treat the undevelopable portion as if it has no development restrictions and is approvable tbr development at a predetermined density. Such an assumption for pm'poses of distributing the L.I.D. obligations is at a minimum curious. The curiosity is compounded when the same public works staff decided for the purpose of L.I.D. contribution to charge a Marion County owned property, based not at its potential use but at is current zoning and use. The latest phase of Tukwila was approved with the cautionary statement that no further development could occur on property beyond that being conceptually approved. If the land is physically undevelopable how can it be deemed developable for the purposes of the L.I.D.? Using the same reasoning applied by to the Marion County property results in the conclusion that little or no charge be imposed on the undevelopable Tukwila property. In addition to the fact that the land in question will, if approved for development, be required'to pay a TIF per lot the imposition of an LID fee (which is inappropriate based on the reasoning in my May 20, 2002 letter to you), on land which has been declared undevelopable until an UGB 0244 S.W. California Street · Portland, Oregon 97219 · (503) 246-5499 · FAX (503) 244-87J0 liE expansion is approved is clearly overreaching and discriminatory. Tukwila Partners object to inclusion of its undevelo~able property in the L.I.D. ' iCC/abh / CC: Addressee via faqsimile to 503-982-5243 Clients 13A May 28, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator Policy Discussion Regarding Offsite Transportation Improvements Prior and subsequent to the public hearing for a Boones Ferry Local Improvement District, both Mayor Jennings and Council President Figley raised concerns regarding the timing and payment responsibilities for offsite transportation improvements associated with new developments. Using the Boones Ferry Project as an example, concerns were expressed that developers were not required to do one of the following as a condition of approval: construct roadway improvements, provide a financial contribution toward future construction of improvements, or execute and record non- remonstrance agreements related to formation of a financing district to fund future improvements (binding on successors in interest). In either of the former cases, costs to the developer would hkely have been included in the sale price of a home, and homeowners would face no further requirement to pay for roadway improvements. In the latter case, if the LID were not formed prior to the sale of the property to the homebuyer, the homebuyer would be made aware of the recorded obligation, and of the non-remonstrance. The Mayor and Council President asked that this item be placed on the agenda for Council discussion and policy direction to staff. Depending on your direction, Staff will return with options for exercising Council policy and any enabling legislation that may be necessary to implement such policy. JCB Oregon Route 99E Corridor Safety Report July 2001 Commissioned by The Mid-Willamette Valley Area Commission on Transportation Oregon Department of Transportation Northwest Region- Region 2 Salem, Oregon Implementation Plan Oregon Route 99E Corridor Safety Report Dated July 2001 Salem North City Limits - Canby North City Limits The Oregon Route 99E Safety Report dated July 2001 was prepared at the request of the Mid- Willamette Area Commission on Transportation (MWACT). The Oregon Department of Transportation (ODOT) currently does not have the funds needed to put the report recommendations into action. ODOT is encouraging MWACT to propose specific projects along this corridor for the Statewide Transportation Improvement Program (STIP.) Those projects would have to compete with all other projects proposed for Region 2. In some cases, more study could change or eliminate some of the report recommendations The MWACT will get regular briefings on the progress made to develop the report recommendations into safety improvements. Available funding, benefit-to-cost calculations and cooperation among state, local and community organizations will help set priorities for the report recommendations compared to other region projects. The report recommendations are organized into the same general categories as other region projects: · Capital improvements. · Maintenance improvements. · Transportation safety public information, education and enforcement efforts. To date within the Region there are: · Two Capital Improvement "Safety" projects (left turn lanes) at two hazardous intersections: Howell Prairie Road and Boones Ferry Road that are scheduled for construction in the Summer 2005. · Work currently being identified with a developer to provide funding for a median at the intersection of Oregon Route 99E and Oregon Routes 211 and 214. · A Capital Improvement "Preservation" project from Salem to Woodburn that will be considered for inclusion in the 2004-2007 STIP. Attached hereto are the Executive Summary and a complete list of the report recommendations by category. If you have questions or concerns please contact Dave Bishop, Area 3 Manager at (503) 986-2884. Revised 5/7/02 Executive Summary Oregon Route 99E Corridor Safety Report Dated July 2001 Salem North City Limits - Canby North City Limits The Oregon Route 99E Corridor Safety Report is a report that was initiated at the request of the Oregon Department of TranSportation (ODOT) Area 3 Manager in response to concerns about the apparent high crash and fatality rates in the Oregon Route 99E corridor. The key indicators of crash experience produced annually for the ODOT Safety Investment Program (SIP) supported this concern. The ODOT SIP was developed to guide decisions about safety projects to be included in the State Transpqrtation Improvement Program (STIP). The report provides results of a comprehensive analysis of the crash data on this corridor, and provides preliminary recomr~endations for reducing crashes. There are many recommended actions, which vary considerably in cost, responsible party for implementation, and the time frame available or necessary to imPlement. The recommendations were made with the information available and may be subject to change as they are further studied. In some cases, major changes in the proposed action/recommendation may be necessary, or the action/recommendation may not be possible at all due to unforeseen circumstances. The budgets and resources of the agencies and organizations that would take the implementation actions/recommendations are limited as well. It will not be possible to advance very many of the recommendations at once. Some actions/recommendations may have to be delayed for several years. The focus of the effort is on smaller-scale, short- and long-term spot improvements. The information provided is intended to be used (1) as a resource for managers and local officials for identifying and ranking possible improvement projects for the STIP; (2) to provide supporting data for transportation safety public information, education and police enforcement programs; and (3) to advise police agencies of enforcement needs. The pedod studied for the report was for the six years from January 1, 1994 to December 31, 1999. The boundaries of this report cover Oregon Route 99E from the Salem north city limit, at the Chemawa/Hazel Green Road intersection, to Canby north city limit, a distance of 24 miles. Methodology The analysis for this report began with review of the SIP and Safety Priodty Index System (SPIS) results during the report period for this corridor. The SIP identifies predetermined 5-mile sections with the highest number of fatal and sedous injury crashes. The SPIS identifies sites with crash problems from a formula based on crash rate, frequency and severity. This corridor has three SIP segments that are at the 5th-level ratings (highest respectively). There are 10 SPIS sites identified that are among the worst 10 percent in the state. Crash diagram maps based on state crash data were developed for the entire corridor. All reported crashes during the report pedod were diagrammed on these maps by the department's Crash Analysis and Reporting Section. These maps show location, date, time, crash type, and the number of injuries and fatalities at each crash. Revised 5/7/02 1 Computer runs giving more detail of each crash were generated. Using these data, the crash maps were color coded with. other information such as causality, injury severity etc. Field notes, SPIS sites, SIP rankings, previous and future STI P projects, landmarks and photos were also placed on the crash maps. "Hot spots" such as high crash locations or similarities in causality were noted and given special attention. Some police reports were obtained for the more severe crashes. All fatal and most pedestrian/bicycle crash data were pulled to obtain more detailed information. Pedestrian/bicycle crash reports were pulled doe to the apparent high number of pedestrian/bicycle crashes along this corridor. Many field trips were made io investigate areas of concern. Conditions such as signing, striping, sight distance, illumination, Signal operation, pedestrian movements, traffic movements, traffic behavior and pavement markings were reviewed. Video logs also were used Conditions at the t,me of crashes were noted as well, such as day/night, weather and surface conditions. Data was gathered and crash rates were developed. In several cases, data was compared with other Region 2 corridors where similar data has been gathered by the investigator in the past. Crash Overview For the six-year corridor report period there have been 25 fatal crashes, resulting in 27 fatalities. (There have been an additional four fatal crashes identified in the corridor for 2000). Crash Summary Total Crashes Total Fatal Crashes Total Fatalities Total Injury A Crashes Total Injury Crashes Total Injudes Total Pedestrian Crashes Total Bicycle Crashes 1,248 25 (29 including year 2000) 27 (31 including year 2000) 59 618 1,143 23 (7 Fatal) 10 (1 Fatal) While traffic has been growing at an approximate rate of 4.5% per year (during the report period), the fatal crashes and total crashes have gone down since a peak in 1997. This is favorable, but does not necessarily indicate a trend in view of the high degree of fluctuation from year to year. Yearly Fatal Crashes Year 1994 1995 1996 1997 1998 1999 2000 Fatal Crashes 5 6 1 9 1 3 4 Revised 5/7/02 2 Comparison with Other Region 2 Corridors Crash rates have been calculated for the Oregon Route 99E corridor, but they need to be compared to other corridors to determine the relative seriousness of the problem. With some data, there are statewide averages available, but for other data, there are none readily available. Charts have been prepared showing other high crash corridors in Region 2 as of July 2001. These corridors are as follows: Highway Location Length Description Mileposts Highway 18 Grand Ronde to McDougall 31.5 Rural MP 21.1 - MP 52.6 Jct. (99W) miles Highway 22 Willamina Jct. to Willamette25.6 Rural and MP 0.0 - MP 25.6 River Bridge, miles suburban Highway 34 I-5 to Corvallis Bypass Jct.9.6 miles Rural and MP 0.34 - MP 9.90 suburban Highway 126 City of Springfield 10 miles Urban and MP 0.00 - MP 10.00 suburban Highway 99W City of Eugene 6.4 miles Urban MP 120.0- 126.37 Highway 99E Chemawa Road/Hazel 24 miles Rural, MP 20.48 - MP 44.50 Green Road, Salem to suburban, Canby NCL and urban Revised 5/7/02 All Crashes The Oregon Route 99E corridor has an overall crash rate of 1.90 crashes per million vehicle miles traveled (VMT) for the six year report period. The 1999 statewide average for rural primary state highways is 0.78. The statewide average for urban state highways is 3.50. See figure below. 4.75 4.25 3.75 3.25 2.75 2.25 1.75 Region 2 Corridors 1994-1999 Crashes/Million Vehicle Miles Traveled (VMT) CRASH RATE -.-~-- '1999 URBAN STATEWlDE AVERAGE = 3.50 --A--'1999 RURAL STATEWlDE AVERAGE -0.78 0.50 0.69 0.58 1.25 0.75 0.25 T T T ~ HWY 99E HW~f 18 HWY 22 HWY 126 HWY 99W HWY 34 I-5 Canby- Grande Salem- City of City of to Corvallis Salem Ronde-Hwy Willamina Springfield Eugene (R) (R/U) 99W Jct. Jct. (U) (U) (R) (R) '1999 State Highway Crash Rate Tables Revised 5/7/02 4 The figure below shows the overall crash rates by the Oregon Route 99E-corridor segment. Almost all-rural segments are above the statewide average. Hubbard is substantially above the statewide average for urban highways. Crasl~ Highway 99E 1994-1999 Rate/Million Vehicle Miles Traveled IVMT~ 5.00 4.50 4.00 3.50 3.00 2.50 0 2.00 1.50 1.00 0.50 0.00 CRASH RATE (Crash Rate/M VMT) ~'1999 URBAN STATEWIDE AVERAGE = 3.50 "~b-'1999 RURAL STATEWIDE AVERAGE = 0.78 3.28 4.68 '1999 State Highway Crash Rate Tables 3.57 Revised 5/7/02 5 Fatalities The fatality rate (number of persons killed) for the Oregon Route 99E corridor is 4.1 per 100 million VMT. The statewide average for rural primary state highways is 1.10. The statewide average for urban primary state highways is 2.42. Only Highway 18 has a higher rate in the six comparison corridors. This is due to the higher number of multiple fatality crashes on Highway 18. See below. 5.00 4.50 4.00 ~ Region 2 Corridors 1994-1999 Fatalities/100 Million Vehicle Miles Traveled mm= Fatality Rate 1.38 --~- '1999 U R BAN STATEWID E AVE RAGE = --A--'1999 RURAL STATEWlDE AVERAGE 2.34 4.3 4.1 3.50, 3.00 2.50 2.00 1.50 1.00 0.50 0.00 HWY 99E HWY 18 Canby- Grande Salem Ronde-Hwy (R/U) 99W Jct. (R) HWY 22 Salem- Willamina Jct. (R) HWY 126 City HWY 99W HWY 34 I-5 to of City of Corvallis Springfield Eugene (R) (u) (u) '1999 State Highway Crash Rate Tables Revised 5/7/02 6 Injury A Crashes The number of injury A crashes is high and the corresponding rate is very high for the Oregon Route 99E corridor. See figUre below. Region 2 Corridors 1994-1999 BINJURYACRASH RATE 0.1000 Injury A Crash~;s/Million Vehicle Miles Traveled (VMT) 0.080o n- 0.0600 ~0.0400 0.0200 0.0000 0.090 0.070 HWY99E HWY18 Grande HWY 22 Salem- HWY126City HWY99WCity HW~f 341-5 to Canby-Salem Ronde-Hwy Willamina Jct. of Springfield of Eugene Corvallis (R/U) 99W Jct. (R) (U) (U) (R) (R) It is not known why the rate is so high, but looking at the total number of crashes, it is suspected that it may be due to the high number of crashes at somewhat lower speeds than in the more rural Highway 22 and 18 corridors. These crashes may have resulted in severe injuries rather than fatalities. A lower rate of seatbelt usage could also be a mason for more severe injuries, but it is not known and we have no data to verify this. Revised 5/7/02 7 Summary of Observations General Pedestrian and Bicycle Fatalities - Eleven percent of all highway fatal crashes on state highways in 1999 were pedestrian crashes. The Oregon Route 99E corridor had 7 out of 25 or 28% pedestrian fatal crashes for the report period. This appears to be a high number and is of concern. Crashes Involving Alcohol - During research of the data, it became clear that alcohol and other drugs are a major factor in the causality of fatal crashes in this corridor, especially in the Woodburn and Woodbum to Salem segments. While crash reports seldom mention alcohol and other drugs, for non-fatal crashes, the numbers suggest this is also a problem for all crashes, when compared to statewide data. Hit and Run Crashes - There were 75 crashes where a driver left the scene. This is 6% of the total crashes. The statewide average for hit and run crashes during the report pedod was approximately 3.5%. Salem North City Limit to Wqodburn South City Limit Segment This segment of the report corridor has a high crash rate. There have been 343 crashes during the report period, which equates to a rate of 1.39 crashes per million vehicle miles traveled. The statewide average for rural primary highways was 0.78 for the calendar year 1999. Twelve fatal crashes occurred during the 6-year report period. There were three more fatal crashes in the calendar year 2000. Fatal crashes in this segment have been primarily alcohol related. Other factors include speed, inappropriate attempts to pass, and driver inattention. Fifty three percent (53%) of the 15 fatal crashes in this segment involved ddnking drivers or pedestrians. This includes the fatal crashes for year 2000. This figure is above the statewide average. City of Woodburn Seqment The overall crash rate was 3.57 crashes per million vehicle miles traveled (VMT) for the report period. This is just slightly above the statewide average for similar state highways in urban areas. There have been 14 pedestrian crashes and six bicycle crashes on the Oregon Route 99E corridor during the report period. Three of the pedestrian crashes were fatal and four of the crashes resulted in severe injuries. The percentage of fatal pedestrian crashes to all fatal crashes in this segment of the corridor is much higher than the statewide average for communities of this size. The ratio of all pedestrian crashes to the total of all crashes in this segment is also above the statewide average for communities of this size. Revised 5/7/02 8 There is a significant pedestrian and bicycle issue on the Oregon Route 99E corridor based solely on the number of fatal crashes. The distances between signals are significant, ranging from about 1/5 to almost Y2 mile. Pedestrians cross the highway between these signals. But even crossing at intersections legally is difficult at best. During the day the traffic volumes are too high to find adequate gaps to cross the entire distance. At night, illumination is poor or non-existent. Bicyclists who approach the highway and want to dde in the correct bike lane (with traffic) cannot easily cross the highway to do that, until they get to a signal. There are only 16 streetlight$ on the Oregon Route 99E corridor within the city. Almost all of these are in the southern, unimproved section, approximately a third of the segment length. Most illumination comes from ambient lighting from adjacent businesses. On dark, rainy nights, it can be especially difficult to see crossing pedestrians. Access management is poor', particularly in the southerly unimproved section. This contributes to ddver confusion and too many conflict points. There were 74 crashes involving vehicles entering and exiting driveways. Woodburn to Canb¥ Segment Overall crash rates are generally higher than the statewide average in the rural sections from Badow to Woodburn. Hubbard has a crash rate considerably higher than the statewide average due mainl? to the high traffic volumes for the number of available lanes. Long queues at the D street signal contribute to rear end accidents, and make it difficult for side street traffic to find gaps. There are inadequate pedestrian facilities within Hubbard. Other problems in the section involve pedestrians trying to cross at rural locations, a SPIS site at the intersection at Barlow Rd., poor access management and adverse conditions for pedestrians in Canby. Summary of Recommendations This report provides many recommendations ranging from significant roadway improvements such as rebuilding an intersection to increased police enforcement, to community outreach. Some of the recommendations could be quite expensive, but many should be reasonably affordable. In some cases, the recommendation is very Iow cost, and work may already be underway. Several sight distance issues were noted throughout the corridor. These include vegetation, illegal vehicle parking, and other encroachments that block sight distance at intersections. A list was prepared and sent to the District Manager for action. These issues are currently being addressed. Capital improvements that would go through the ODOT STIP include rebuilding the Barlow Rd intersection, left turn lanes at Oregon Route 99E and Perkins Rd. Oregon Route 99E and 54th, Oregon Route 99E and Waconda Rd. and other locations, widening the highway in Brooks and in Hubbard to 3 Lanes, and extending lanes, building sidewalks and bike paths in other locations. There are other small scale improvements such as increasing turn radii, installing pedestrian medians, lighting, and installing rumble strips that may be done through maintenance forces, city or county crews, or through a small contract process. Revised 5/7/02 9 Many of the recommendations call for increased community outreach and education, particularly about the amount of drunk ddving occurring along the corridor. The proposal is to reach people through their community leaders, schools, local organizations, businesses, and churches. This effort would be conducted primarily through the Region Transportation Safety Division representative with help from the Region Public Information person. They will work through local officials and groups. Other recommendations recognize the need for increased enforcement and, correspondingly, needed assistance to law enforcement agencies along the corridor. Actions include enforcement grants and the building of locations (launch pads) placed strategically to allow police to patrol an area safely, and effectively pursue violators when necessary. Also included are recommendations on removing and consolidating access points, improving signing, adjusting signal timing, providing a radar speed reader board to advise motorists of their speed, parking removal, and establishing no-pass zones. While for the most part, these actions should be relatively Iow cost, some, like reducing access points, could be politically volatile and will require patience and care to develop properly. Some recommendations either have been completed or are underway. A speed zone study was done for a portion of the Highway in Woodburn. A speed of 35 mph was apProved and signs have been ordered. The signal at Mt Hood Avenue in Woodbum has been modified to include a protected left turn phase. An extension of a no-pass zone near Howell Prairie Rd has been approved by the State Traffic Engineer, and the section should be restriped accordingly soon. Next Steps Region and Area staff has developed an implementation plan. This will identify all the recommendations, categorize them by method of implementing (outreach, education or enforcement efforts, capitol improvement projects for inclusion in future STIP's, and actions by Distdct Maintenance or local agencies. The plan will assist ODOT to identify possible resources and funding to make the action happen. As said eadier, the Report provides preliminary recommendations. There are not enough resources to implement all the improvements or fund all the projects. Further study in some cases may change or eliminate some of the recommendations due to unforeseen circumstances. The political realities may also make some proposals just too difficult to pursue. MWACT is encouraged to play a direct role in selecting STIP projects along this corridor, as they will be competing with all other possible Region projects. MWACT should be briefed periodically on progress along the other fronts. Revised 5/7/02 10 Recommendation Summary Listing Oregon Route 99E Corridor Safety Report Dated July 2001 Salem North City Limits - Canby North City Limits CAPITAL IMPROVEMENTS CATEGORY AND RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION # SLM-WDBRN 6 - Chemawa/Hazel Green Road to Labish Garden Road SLM-WDBRN 7 - Barbara Way Intersection SLM-WDBRN 10- Perkins Road SLM-WDBRN 14- Brooklake Road to 54th Street (Brooks) SLM-WDBRN 16 - Topaz Street Intersection SLM-WDBRN 18 - Waconda Road Intersection SLM-WDBRN 22 - Keene Road/Duck Inn Road Intersection to Checkerboard Road Intersection SLM-WDBRN 23 - Keene Road/Duck Inn Road Intersection to Checkerboard Road Intersection Long Term: Extend the two northbound lanes at Chemawa Road to the north to at least 1000 feet beyond Labish Garden Road. Long Term: If a surface preservation job is done in this area, consideration should be given to lowering the grade a foot or more for several hundred feet in order to ~rovide better vertical sight distance. Long Term: Construct left turn refuge. Long Term: Construct a three lane, curb and sidewalk section, from approximately 1000 feet south of Brooklake Road, to 54th Street. Long Term: Continue to monitor the crash experience. Long term: Install left turn refuge, but retain the flashing beacon. Long term: Relocate the Checkerboard Road entrance to the north side of the tavern. This would provide better sight distance and operations. Long term: Widen and install a left turn refuge for the Checkerboard Road and Keene/Duck Inn Road intersections. Potentially to be applied for under Ha~'~rd Elimination Funds. Revised 5/7/02 11 CATEGORY AND RECOMMENDATION SUMMARY RECOMMENDATION # WDBRN 3 - CITY OF WOODBURN WDBRN 4 - CITY OF WOODBUI~N WDBRN 14 - CITY OF WOODBURN WDBRN 15 - Lincoln Street to Woodburn SCL WDBRN 17 - Lincoln Street Intersection WDBRN 18 - Lincoln Street Intersection WDBRN 23 - Existing Safeway Driveways Long Term: Construct island near the Alexandra Street intersection (McDonalds). Any development of the parcel directly across from Alexandra would affect this proposal. ODOT and the City should work closely with the developer to see if pedestrians can be better accommodated. If the development requires a signal at this intersection, then the island isn't needed. Long Term: Construct a pedestrian island at or near the Aztec Street intersection. This would require some access removal and/or realignment of the Aztec Street approach angle. Long Term: There are very good and specific access management proposals in Woodburn's Transportation Systems Plan (TSP). ODOT and the City need to work closely to implement this plan, either during reconstruction of the unimproved portion or when considering redevelopment proposals. Long Term: This section needs to be widened, bike lanes and sidewalks added, and accesses eliminated or combined. The median left turn lane needs to be extended to the South City Limits. This should be considered during the STIP process. Long Term: The city should install a sidewalk on the south side of Lincoln Street. This is identified in their TSP. Long Term: Reconstruct SE radius and close driveway. Long Term: A raised median needs to be placed on 99E as a part of a strategy to deal with future development of the parcel in the east side of 99E. COMMENTS/ COMPLETION? Revised 5/7/02 12 CATEGORY AND RECOMMENDATION # WBRN-CAN 2 - Junction of Wilsonville-Hubbard Highway to D Street WBRN-CAN 8 - D Street Intersection WBRN-CAN 9 - J Street Intersecti~3n WBRN-CAN 17 - Barlow Road Intersection CANBY 1 - CITY OF CANBY RECOMMENDATION SUMMARY COMMENTS/COMPLETION? Long Term: Construct three-lane section with shoulder bikeways and sidewalks from D Street to the junction of the Wilsonville-Hubbard Highway. Long Term: Widen the east leg of D Street to accommodate a WB through and right turn lane, a left turn lane, and an eastbound lane. Long Term: A more comprehensive study needs to be made for the A, D, G, and J Street intersections with 99E. These need to be evaluated as a system, as recommended in Hubbard's TSP. The purpose of the study would be how to improve the efficiency and safety of east-west traffic, across 99E in Hubbard. Issues to be addressed would include: Possible additional signal/ability to efficiently interconnect A possible future railroad crossing at J Street Better utilization of the D Street signal More efficient use of local streets Possibility of 5-1aning 99E Long Term: The intersection needs to be rebuilt. Barlow Road needs to approach the highway at right angles. The east approach can be done easily as there is available right of way. The railroad crossing needs to be widened for three lanes and shoulders. The easterly Barlow Road approach needs to be widened for left turn lanes and shoulders. Separate left turn phases for Barlow Road may be necessary to prevent the many left turn conflicts that are occurring. Long Term: Install luminaries on at least two signal poles at each signal installation. Revised 5/7/02 13 MAINTENANCE IMPROVEMENTS CATEGORY AND RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION # SLM-WDBRN 5 - Chemawa/Hazel Green Road to Labish Garden Road SLM-WDBRN 8 - Barbara Way to Perkins Road SLM-WDBRN 11 - Brooklake Roa~l to 54th Street {Brooks) SLM-WDBRN 12- Brooklake Road to 54th Street (Brooks) SLM-WDBRN 13 - Brooklake Road to 54th Street (Brooks) SLM-WDBRN 15 - Topaz Street Intersection SLM-WDBRN 17 - Waconda Road Intersection SLM-WDBRN 19 - Keene Road/Duck Inn Road to Geshwill Lane Short Term: Close the 99E access to the tavern. It's too close to the Labish Garden Road intersection. Relocate the Labish Garden Road tavern access further to the east. Short Term: Install centerline and shoulder milled-in rumble strips. See Keene/Duck Inn Road to Geshwill Lane rumble strip discussion on page 20. Short Term: Install left turn refuge and bring 54th into the highway at a right angle. Short Term: Widen radii at the Ramp Street (former SPIS site) intersection Short Term: Combine the two road approaches to the Brooks Assembly of God Church to make one wider, more efficient driveway. Short Term: Extend the NB no pass strip to the north, through the intersection. Short term: Continue to monitor crash experience. If passing accidents continue, consider seeking approval for no-passing strip in the vicinity of the intersection. Short Term: Install milled-in rumble strips on the centerline to reduce crossover crashes. If enough funds can be found to widen the shoulders, the rumbles should also be placed just outside the fog line. This treatment is still experimental. Milled-in centerline rumbles were installed in 2000 at several locations in the Highway 18 corridor and east of Sandy on Highway 26. To date there have been no head-on fatalities in these sections since the rumbles were installed. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Revised 5/7/02 14 CATEGORY AND RECOMMENDATION # SLM-WDBRN 21 - Keene Road/Duck Inn Road Intersection Checkerboard Road Intersection SLM-WDBRN 25 - Gervais Road Mt Angel Intersection (Gervais) SLM-WDBRN 27 - Boones Ferry Road Intersection SLM-WDBRN 28 - Howell Prairie Road - Woodburn SCL SLM-WDBRN 29 - Howell Prairie Road - Woodburn SCL SLM-WDBRN 30 - Howell Prairie Road - Woodburn SCL SLM-WDBRN 31 - Howell Prairie Road - Woodburn SCL WDBRN 2 - CITY OF WOODBURN RECOMMENDATION SUMMARY COMMENTS/COMPLETION? Short Term: Realign the Checkerboard Road entrance to provide at least one car length storage at right angles to 99E. Thero is probably adequate existing right of way to accomplish this. Cost would be minimal. Short Term: Install flashers or high intensity "diamonds" on the proposed "Signal Ahead" warning signs. Short Term: Install milled-in rumble strips on the east (NB) shoulder to warn and slow drivers passing on the right. Install no-passing strip in advance of the intersection, both in the NB and SB directions. Connect the strip with the existing no-passing stripes in the curve immediately north of Geshwill Lane. A request to do this has been forwarded to the State Traffic Engineer and has been approved. The striping should be installed shortly. Short Term: Relocate the SB advance intersection warning sign closer to Howell Prairie Road. Short Term: Provide better delineation and tactile warning along the westerly shoulder in the vicinity of these trees. This could include such options as profiled (raised - rumble) striping, milled-in rumble strip, sight posts, and reflectodzed paddles. Short Term: Remove the trees with community support. Short Term: Construct pedestrian island immediately north of the Mt. Jefferson Street intersection. A short island could be done now without affecting existing turning movements. Many pedestrians cross today in this area, especially to get to the Burger King and other businesses in the area. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Done - Summer, 2001. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Revised 5/7/02 15 CATEGORY AND RECOMMENDATION # WDBRN 5 - CITY OF wOODBURN WDBRN 9 - CITY OF WOODBURN WBRN-CAN 10 - HUBBARD NC~ TO AURORA SCL ~ WDBRN 13 - CITY OF WOODBURN WDBRN 16-' Lincoln Street Intersection WDBRN 19 - Mount Hood Avenue (Hwy 214/211 ) Intersection WDBRN 20 - Proposed Safeway Relocation WDBRN 21 - Proposed Safeway Relocation WDBRN 22 - Existing Safeway Driveways WBRN-CAN I - Chevron Gas Station/Mini-Mart/U Haul RECOMMENDATION SUMMARY Shod Term: Attach luminaries to at least two signal poles at Lincoln, Hardcastle, and Young. Develop strategy with the City to install better linear illumination. Rental of luminaries on existing power poles is one strategy, but these are located on one side of the highway only. It would be better to have illumination on both sides of 99E. Short Term: As volumes continue to grow, this area would be a candidate for centerline rumble treatment and more enforcement. This would have a somewhat lesser priority than the two other zones mentioned earlier in this report (Salem - Woodburn). Short Term: A speed zone reduction to 35 mph has been approved and signs will be installed soon. Short Term: Install luminaries on at least two of the signal poles. Short term: A protected left turn phase (green arrow) for Highway 214/211 legs was added a few months ago to mitigate this problem. Short term: Add illumination to the proposed signal poles for better nighttime visibility. There are no luminaries on the existing signal )oles. Short term: Retain and improve existing raised signal pole islands for 3edestrian landings, in order to reduce the crossing distances. Short Term: Additional signs and legends need to placed at the restricted access to comply with the conditions of the Safeway road approach permit. Short term: Construct left turn refuge at the Chevron Station. COMMENTS/COMPLETION? Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Done - Spring, 2001. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Done- Summer, 2001. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Potentially to be included in future 2004-2007 Capital Improvement, Preservation Project. Revised 5/7/02 16 CATEGORY AND RECOMMENDATION # WBRN-CAN 3 - Junction of Wilsonville-Hubbard Highway to D Street WBRN-CAN 4 - Junction of Wilsonville-Hubbard Highway to [] Street WBRN-CAN 5 - D Street Intersection WBRN-CAN 6 - D Street Intersection WBRN-CAN 7 - [] Street Intersection WBRN-CAN 12 - "Top O' Hill" Area WBRN-CAN 13 - "Top O' Hill" Area WBRN-CAN 1.5 - Barlow Road Intersection WBRN-CAN 16 - Barlow Road Intersection CANBY 3 - Elm Street Intersection CANBY 4 - Ivy Street Intersection RECOMMENDATION SUMMARY COMMENTS/COMPLETION? Short Term: Construct a sidewalk or footpath from the NCL to D Street. Short Term: Increase green time for 99E traffic at the [] Street signal. (10 seconds was recently added. ODOT will continue to monitor operation of this signal in order to optimize its efficiency) Short Term: Conduct a speed zone investigation to see if a lower speed limit is warranted. Short Term: Install pavement legends in the west leg of the D Street intersection to clarify lane use. Install overhead lane-use signs on the signal span wires. Short Term: Install pavement "dots" across the intersection to direct cross traffic to their proper lane. Short Term: Change the existing "Congestion" advance sign to a pedestrian warning sign. Add high intensity diamond "flags" to the sides of the sign. Move the "Safety Corridor" signing, which is less than one-tenth of a mile (0.1 mile) north of the restaurant, to a site just north of the Pudding River Bridge. There was also a fatal crash at Lone Elder Road, just north of the bridge. Short Term: Replace Yield sign in the NW quadrant with a Stop sign. Short Term: Install Yield sign in the SE quadrant for the NB to EB right turn. Short Term: Monitor the crash experience after the progressive timing was installed to evaluate its effectiveness. Short Term: Monitor the crash experience after the progressive timing was installed to evaluate its effectiveness. Revised 5/7/02 17 CATEGORY AND ' RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION # CANBY 5 - Ivy Street Intersection CANBY 6 - Pine Street Intersection Short Term: Construct a narrow, raised traffic separator to prohibit left turns in and out of the accesses on the private accesses. This will require partnering with the City to seek agreement on the issues and agreement on the solution. Long Term: Monitor the effectiveness of this change to see if accidents are reduced. Crash data should be monitored for at least two more years. Revised 5/7/02 18 CATEGORY AND RECOMMENDATION # SLM-WDBRN 1 - SALEM NCL TO TRANSPORTATION SAFETY (PUBLIC INFORMATION, EDUCATION AND ENFORCEMENT) EFFORTS WOODBURN SCL SLM-WDBRN 2 - SALEM NCL TO WOODBURN SCL SLM-WDBRN 3 - SALEM NCL TO WOODBURN SCL SLM-WDBRN 4 - SALEM NCL TO WOODBURN SCL SLM-WDBRN 9 - Barbara Way to Perkins Road SLM-WDBRN 20 - Keene Road/Duck Inn Road to Geshwill Lane Revised 5/7/02 RECOMMENDATION SUMMARY Short term: More community awareness is needed about the drinking and driving problem in the corridor. ODOT managers and Transportation Safety staff should work in cooperation with other state and local officials, community leaders, school districts, local organizations, and business owners who serve or sell alcohol, to (1) further identify the at risk offenders, (2) raise the awareness level of the problem and (3) develop engineering, enforcement and education strategies to reduce the problem. Short Term: Identify existing community organizations, churches, etc. that currently or potentially would be interested in the promotion of transportation safety issues within the communities. Efforts could include education and awareness on Driving Under the Influence of Intoxicants (DUll), correct usage and use of seatbelts/child safety seats, and dr'rving laws in general. Unify efforts wherever possible. Short Term: Increase police presence and visibility in the corridor. Install police launch pads to heighten enforcement awareness. Seek increase in enforcement levels through existing resources and/or additional funding. Short Term: Use speed radar-reader boards to be deployed during high crash times of the day and days of the week. (Including evening hours.) Short Term: Install police "launch pads)" in this section. Short Term: Install at least two police "launch pads)" in this section. At least one should be near the Boones Ferry Road intersection. See Boones Ferry Road intersection discussion below. COMMENTS/COMPLETION? Continuous. Continuous.' As of February, 2002 State Police identified launch pads are not needed in the area. Potential for overtime enforcement continues to be researched. As of February, 2002 State Police identified launch pads are not needed in the area. Potential for overtime enforcement continues to be researched. As of February, 2002 State Police identified launch pads are not needed in the area. Potential for overtime enforcement continues to be researched. 19 CATEGORY AND RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION # SLM-WDBRN 24 - Gervais Road - Mt Angel Intersection (Gervais) SLM-WDBRN 26 - Boones Ferry Road Intersection WDBRN I - CITY OF WOODBURN WDBRN 6 - CITY OF WOODBURN WDBRN 7 - CITY OF WOODBUFliN WDBRN 8 - CITY OF WOODBURN Long Term: Monitor closely to assure traffic is adjusting to the new signal. If deemed necessary provide clear and concise, multi-lingual signal educational materials as inserts in local electric bills, local business payroll distributions etc. Short Term: Site a police "launch pads)" near this intersection, preferably on the east side of the highway. Short Term: If they don't already, local police should concentrate enforcement on these three intersections. Fifty nine percent of the crashes is a significant portion of the accident problem. Short Term: Use existing resources and/or seek additional resources to provide increased police enforcement and monitoring of high accident locations, including implementation of a Targeted Pedestrian Enforcement "sting." Alert the community of increased enforcement efforts. Short Term: Assure that the recently developed pedestrian safety education and awareness program is embraced and implemented throughout the community to its potential. Short Term: Identify existing community organizations, churches, etc. that currently or potentially would be interested in the promotion of transportation safety issues within the communities. Efforts could include education and awareness on Driving Under the Influence of Intoxicants (DUll), correct usage and use of seatbelts/child safety seats, and driving laws in general. Unify efforts wherever possible. As of February, 2002 State Police identified launch pads are not needed in the area. Potential for overtime enforcement continues to be researched. As of Summer, 2001 a copy of the report was provided to State Police, Marion County Sheriff's Office and the City of Woodburn. Continuous enforcement efforts are conducted at identified problem areas. As of Summer, 2001 the City of Woodburn received a Transportation Safety Division grant for Targeted Pedestrian Enforcement. Woodburn put forth a high effort in conducting that enforcement and continues to conduct enforcement as resources allow. April 2002 "Day of The Child" event at French Prairie School provided the opportunity for Region 2 Transportation Safety to handout 250 plus children/parents to be contacted and provided various transportation safety materials. Continuous. April 2002 "Day of The Child" event at French Prairie School provided the opportunity for Region 2 Transportation Safety to handout 250 plus children/parents to be contacted and provided various transportation safety materials. Revised 5/7/02 20 CATEGORY AND RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION tt WDBRN 10 - CITY OF Continuous. WOODBURN WDBRN 11 - CITY OF WOODBURN Short Term: More community awareness is needed about the drinking and driving problem in the corridor. Transportation Safety personnel and ODOT managers should work in cooperation with state and local officials, community leaders, school districts, local organizations, and business owners who serve or sell alcohol, to (1) identify the problem and at risk individuals, (2) raise the awareness level of the problem and (3) develop strategies to reduce the problem. WDBRN 12 - CITY OF WOODBURN WBRN-CAN 11 - HUBBARD NCL TO AURORA SCL WBRN-CAN 14 - Barlow Road Intersection Short Term: Identify existing community organizations, churches, etc. that currently or potentially would be interested in the promotion of transportation safety issues within the communities. Efforts could include education and awareness on Driving Under the Influence of Intoxicants (DUll), correct usage and use of seatbelts/child safety seats, and driving laws in general. Unify efforts wherever possible. Short Term: Increase police presence and visibility. Seek increase in police enforcement levels through existing resources and/or additional funding. Short Term: Coordinate and promote, potentially through the Hubbard local traffic safety committee, transportation safety public information and education programs, focusing on drowsy driving, speed, and DUll. Short Term: More police enforcement. Construct police ~launch pads)" in the NE quadrant of the intersection. Continuous. As of Summer, 2001 a copy of the report was provided to State Police, Marion County Sheriff's Office and the City of Woodburn. Continuous enforcement efforts are conducted at identified problem areas where resources are available. ODOT Region 2 to work with ODOT Region 1 for Transportation Safety fixes. Revised 5/7/02 21 CATEGORY AND RECOMMENDATION SUMMARY COMMENTS/COMPLETION? RECOMMENDATION # CANBY 2 - CITY OF CANBY Short Term: Increase enforcement at the signalized intersections, not only for vehicle violations, but also for vehicles failing to yield to pedestrians. If failing to yield to pedestrians persists, work with local police agency on possible Targeted Pedestrian Enforcement ~sting". As of Summer, 2001 a copy of the report was provided to State Police, Clackamas County Sheriff's Office, the City of Aurora and Canby. Continuous enforcement efforts are conducted at identified problem areas. Clackamas County and the Cities of Aurora and Canby have recently received Transportation Safety Division, Targeted Pedestrian Enforcement grants to be conducted Spring/Summer and early Fall 2002. ODOT Region 2 to work with ODOT Region 1 for Transportation Safety fixes. Revised 5/7/02 22 ortho,tN Incorporated 1889 May 28, 2002 The Honorable Marion County Board of Commissioners Courthouse Square 555 Court Street NE P.O. Box 14500 Salem, Oregon 97309-5036 Honorable Chair and Commissioners: On May 13, 2002 a delegation from Marion County addressed the Woodburn City Council regarding the.county budget for fiscal 2002-2003, and the budget crisis now facing the Marion County criminal justice system. The delegation discussed identified gaps in the criminal justice system, and presented a range of solutions designed to bridge those gaps. These solutions were apparently generated through a series of meetings held itl Salem by the Marion County Public Safety Council. The presentation on the current and future state of the Marion County criminal justice system was alarming. Presenters outlined a systemic breakdown of criminal justice services at the county level including: the lack of funds to effectively prosecute many misdemeanor offenders and some felony offenders, the inability to use available jail bed space to lodge any but the most serious offenders (reduction in jail beds from 672 to 464), and the large caseloads being carried by county parole and probation officers (over 300 offenders per officer in some cases) that preclude the effective supervision of many offenders that are released. The current situation is intolerable. Now, the Marion County Public Safety Council tells us that given the current Marion County budget shortfall we can expect services to fall to even lower levels. We've already lost the North District Office in Woodburn, and have assumed a portion of the financial responsibility for the facility that was Marion County's. We are also told we can expect further reductions in prosecutions and in jail capacity, and potential increases in the caseloads of parole and probation officers. This should simply be unacceptable - not just to City Of Woodbum, but to you and each and every law-abiding citizen in the county. In addition to these issues the Sheriff's Office Enforcement Division and the Juvenile Department both shared with us their needs for increased basic services to the citizens they serve. We agree that rural patrol and juvenile intervention are very important components of a truly effective criminal justice system. However, from our perspective Office of the Mayor 270 Montgomery Street ° Woodburn, Oregon 9707~ Ph.503-982-5228 ° Fax 503-982-5243 Marion County Board of Commissioners May 28, 2002 Page 2. the highest priority issues, those which must be addressed immediately, are in the area of corrections, prosecution, and supervision in that order of priority. The City of Woodburn has placed a high priority on public safety during the last decade. This has paid great dividends in the reduction of violent and serious crime, and in the fear of serious crime, with the crisis in the countywide criminal justice system, however, we are now seeing both property and persons crime levels beginning to rise, and our law enforcement effectiveness being hamstrung by the County's budget priorities. We strive to give our police officers everything they need to protect and serve our citizens in the most effective, efficient, and safe manner. We do this by fully funding public safety, sometimes to the detriment of other worthwhile City programs. Marion County has a similar responsibility. The County is required, by statute, to assure the offenders our police apprehend are lodged, prosecuted, and supervised in an appropriate manner that brings true accountability for their actions. The current budget plans for jail capacity, prosecution staffing, and supervision caseloads lessen offender accountability and should not be acceptable to you. Without accountability the criminal justice system looses it's effectiveness, and fails to fulfill its mission. In closing we welcome the chance to continue to communicate with you as you begin to evaluate a future public safety levy. However, we ask that as you complete the current county budget process and consider program cuts, program add backs, and additional funding proposals, you place jail capacity, prosecution, and offender supervision among your highest budget priorities. Sincerely, Richard Jennings, Mayor cc: Police Chief