The URL can be used to link to this page

Agenda - 08/12/20024e A GEArDA WOODB URN CITY COUNCIL A UGUST12~ 2002 - Z'OOP.M. 270Montgomery Street ~ ~ Woodbum~ Oregon CALL TO OROER AND FLAG SALUTE ROLL CALL ANNOUNCEN~ENTS AND APPOINTMENTS Announcements: A. August 26, 2002 - 7:00 p.m. - Public hearing on Woodburn Crest Mobile Home Park conversion. B. 2002 W0odburn Sports Festival - August 16TH - 18th featuring the 25th Annual Woodburn Tennis Tournament, a co-ed softball tournan~ent and the 3rd Annual Walt's Run on August 17*. Contact Woodburn Recreation & Parks for more information - 503-982~5264. Ce Tuesday evenings at 7:00 p.m. in Library Park: Music in the Park Augustl3a - Roundhouse (Bluegrass favorites) August 20t~ - J. T. and the Tourists (Pop and rock and roll) August27a Maharimbas (Marimba and steel drum band) Do The fding period for Mayor and City Council Wards HI, IV and V closes o~a Tuesday, August 27, 2002 at 5:00 p.m. Election materials are available at the City Recorder's office during regular business hours. Appointments: None PRESENTATIONS/PROCLAMATIONS Presentation e A. Certificate of Accomplishment: The Woodburn Senior National Baseball Team. COMMITTEE REPORTS A. Chamber of Commerce. B. Woodblsrn Downtown Association. COMMUNICATIONS - None e BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Council Agenda of August 12, 2002. 9e 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 City Council minutes of July 22, 2002 regular and executive meetings .............................................. 8A Recomn~ended action: ,4pprove the Woodburn City Council minutes. Woodborn Planning Commission minutes of June 27, 2002 and July ll,i 2002 ................................................... 8B Recommended action: ,4ccept the Woodburn Planning Commission mia utes. Building Activity Report for July 2002 ............................. 8C Recommended action: Receive the report. ge Planning Project Tracking Sheet dated 8-1-02 ....................... 8D Recommended action: Receive the report. Claims for the month of June 2002 ................................ 8E Recommended action: Approve the claims. Fe Police Department Activities - June 2002 ........................... 8F Recommended action: Receive the report. Community Center Planning Committee Update ..................... 8G Recommended action: Receive the report. TABLED BUS~NESS PUBLIC HEARINGS - None 11. GENERAL BUSINESS Liquor license application: Safeway Store #1976 - New Outlet ......... llA Recommended action: Approve an Off-Premise Sales liquor license for Safeway, Inc., 1550 North Pacific Highway, Woodburn. Contract award: West Lincoln and Hayes/Hall storm drain .......... llB Recommended action: Award the contract for West Lincoln Street and Hayes/Hall Storm Drain Improvement Projects to the lowest responsible bidder, Valley Pacific Construction, Inc. in the amount of $303,753.50. Ce Bid award: Municipal Well Construction .......................... llC Recommended action: Award City of Woodburn Municipal Well Construction 2002 Bid, Job Number O16154.01, for two water wells to Jensen Drilling Company for $317, 650. O0 with construction of the second well being contingent upon ability to have suitable property available for commence- ment of drilling within 60 days after the completion of the.first well Page 2 - Council Agenda of August 12, 2002. Rejection of Boones Ferry Road Street Improvement Bid Protest ...... 1 ID Recommended action: Reject the bid protest filed on the project, declare that Wayne Jeskey Construction is the lowest responsible bidder, and adopt the attaChed findings prepared by the City Attorney. E. ContraCt award: Boones Ferry Road Street Improvements ........... llE Recotnmended action: ,4 ward the construction contract to the lowest responsible bidder, V~ayne Jeskey Construction, in the amount of $920,41~. 60for the Boones Ferry Road Street Improvement but require phased construction in accordance with the outlined conditions. 12. 13. PUBLIC COMMENT NEW BUSINESS 14. PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR ACTIONS - These are Planning Commission actions that may be called up by the City Council. n. Planning Co..m. mission approval of Planned Unit Devel.o.p. ment 02-01, Conditional Use 02-02 and Variance 02-02 (Modification of the Miller Farm Planned Unit Development) ....................... 14A B. CommUnity Development Director's approval of Site Plan Review Case NO. SPR 01-14 to remodel the Woodburn Shell Station .......... 14B 15. CITY ADMINJSTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE ;SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1)(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). C. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d) C. To review the employment-related performance of the City Attorney pursuant to ORS 192.660(1)(i).i 18. ADJOURNMiZNT Page 3 - Council Agenda of August 12, 2002. COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 22, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0006 ROLL CALL~ Mayor Jennings Present Councilor Bjelland Present (7:05 pm) Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Admini.~xator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Asst. City Engineer Torgeson, Acting Police Chief Null, Community Development Director Mulder, Finance Director Gillespie, Park Director Westrlck, City Recorder Tennant 0043 A) Walt's Run- This annual event will be held on Saturday, August 17, 2002, at Centennial Park beginning at 8:00 am. B) Mayor and Council positions: The filing period for the positions of Mayor and City Council Wards III~ IV, and V closes on Tuesday, August 27, 2002, at 5:00 p.m.. Application materials are available at the City Recorder's office. C) Music in the Park: Tuesday, July 30~, 7:00 p.m., at Library Park - Invasion Nortefia (Latino music from northern Mexico) Tuesday, August 13th, 7:00 p.m., at Library Park - Roundhouse (Bluegrass favorites) D) Mayor Jennings stated that Councilor Figley's Basset Hound, Princess, took the gold medal in the tail wagging contest of the 12a annual Olympiad of Basset Hounds event held on July 21~. Another Basset Hound from Woodbum took the bronze medal in a different contest at this event. 0174 APPOINTMENT TO PLANNING COMMISSION. Mayor Jennings appointed Rob Mill to Position 1 of the Planning Commission with his term to expire on Den:ember 31, 2003. FIGLEY/NICHOLS... approve the appointment of Rob Mill to the Planning Commission. The motion passed unanimously. Page I - Council Meeting Minutes, July 22, 2002 8A COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING 0192 Mayor Jenniqgs stated that, unless the Council objected, he would be moving Item 13 (New BusineSs) to follow Item 4C (Storm Drainage Master Plan presentation). O236 PRESENTATIONS. A) Friend ofithe Parks Awards: Director Westrick reminded the Council that the month of July is the National Recreation and Parks month and during this month the Park Board presents awar~is to individuals and organizations who have made an extra effort to promote recreation and parks programs in Woodburn. He presented the Friend of the Parks Awards to the following: 1) Betty Guzman was presented the award for her efforts in getting a new tot lot at the North First SCeet park. She worked diligently in organizing this project and raising funds for the new tot lot which is utilized by many neighborhood children. 2) Kevin Hendricks was presented the award for his devotion to the Woodburn Junior Football prolWarn over the last few years as Head Coach. 3) Woodburn Barracuda Swim Team was presented the award for outstanding service in volunteering and promotion of swimming in Woodbum. The award was accepted by Barracuda Club President Troy Wicks. B) Community Center Planning Committee: Flurry Stone, Committee Co-chair, stated that conceptual drawings have been distributed to the Council for the purpose of allowing them some time to review the designs and give feedback to th~ Committee prior to the first part of August when the Committee will be preparing their recommendation for a final design which will go before the Council on August 12a. Final numbers for a bond levy measure to be submitted to the voters in November 2002 must be approved by the Council by the first part of September. Director Westfick reviewed the conceptual drawings of the proposed Community Center which would be located on the corner of Front and Oak Streets. He stated that the building would be a complex with the Aquatic Center and the Committee has included a number of outdoor features to enhance the building. The parking area for the Aquatic Center would be relocated to the north side of the Aquatic Center plus additional parking would be constructed south of the new building. He outlined internal features of the Community Center that provides for a multi-purpose building and it reflects the Committee's desire to have this building as a community showplace. Once the final design has been adopted, the Committee will split up their tasks in order to work on fundraising and the upcoming election. Mr. Stone suggested that the Council focus on the landscaping in the front of the building, and the proposed covered pathway concept between the Community Center and the Aquatic Center in order to tie those two buildings together. The Committee was also looking at a campus concept which would tie-in the other surrounding city buildings such as City Hall and the Library. Mayor Jennings complimented the Committee on the work they have done to date and, in 8A Page 2 - Council Meeting Minutes, July 22, 2002 8A COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING 1471 his opinion, the concepts brought forth by the Committee are very good. Councilor McGallum requested that a layout and footprint of the building be provided to the Council. I Director Westrick stated that the Committee will be meeting on August 1~' to work on the final design, and on construction and operating costs of the new facility along with revenue projections. Councilor Figley expressed her opinion that addressing the revenue and expense issues in the initial stageb will be beneficial and felt that the Council should be a part of that discussion with the Committee. Mr. Stone stated that the Committee's concept is to build a basic building and to look for grants and fundi'aisers for the features such as landscaping. He encouraged the Council and other interested citizens to attend their August 1'~ meeting which will be held at the Settlemier Park Youth Activity Center. C~ Storm Draiha~e Master Plan. Gordon Merseth, ~.onsultant, gave a slide presentation on the status of the City's Storm Drainage Master Plan. He stated that the Master Plan is designed to preserve, enhance, and protect the 2ity's watershed. The current service area is 8,680 acres involving two major watershe Is and over 50 miles ofstormwater lines and ditches. There are approximately :,500 properties served and the existing investment is approximately $20 million. He re, iewed the various goals which include mitigating impacts on downstream properties; safe and economical stormwater conveyance; establishing a drainage muting plan, detention ~erformance criteria, and system ownership criteria; integrating existing policies with de tention standards; identifying a reimbursement system to developers who provide an over.sized line for benefit of upstream properties; provide for maintenance of the system; compliance with state and federal regulations; and preservation of natural floodwater storage volumes. It was noted that 4 neighborhood meetings were held on the preliminary work and the input from the public has been integrated into the master plan. He stated that in developing the plan, they took the buildout development of the entire urban area and looked at the amount of runoffthat would occur at each of the small sub- basins as the areas are constructed and its effect on storm water flow at varying intensities. It was found that the culvert crossings at Lincoln St., Cleveland St., Young St. and Hardcastle Ave. act as small dams thereby restricting the water in very high flows, which is beneficial to the City, and releasing it over a period of time. There are a couple of small capital improvement projects proposed to fine-tune the culvert system in this area. He stated that the primary drainage ways are the main stem of Senecal Creek and Mill Creek ~vith a couple of its tributaries and the plan would provide that there is no man-made or nature-made impediment that would restrict the 100 year storm flow from going downstream. Secondary drainage ways are major tributaries to Mill Creek and thc main tributary to Senecal Creek and drainage sizes would be determined based on a 50- year storm event. Local drainage ways are all of the other areas that would require a 12" Page 3 - Council Meeting Minutes, July 22, 2002 TAPE READING Entail 3575 3680 COUNCIL MEETING MINUTES JULY 22, 2002 to 15" pipe for the purpose of handling a 25-year storm event. Standards for storage and detention inclade a natural system to protect a 100-year storm event, continue to utilize detention ponds, and to construct a storage system by allowing the shifting of natural storage from One place in the floodplain to another area or by enhancing the existing system. The Storm Flow Management Program would build on existing adopted City policy which specifies the developers responsibility for flow management. It also describes stormwater mitigation options to landowners and developers, incorporates design standards for stormwater facilities, and provides for a method to reimburse landowners who spend money that will eventually benefit upstream landowners. The Storm Flow Management document is part of the overall Master Plan of the City, however, it can stand alone and be used with developers and landowners to determine what needs to be done before development plans are finalized. He stated that the future issues to be addressed by the City involve water quality regulations which are currently being developed by EPA and DEQ, and addressing system modifications and financing issues based el ~ the final regulations. It is anticipated that NPDES - Phase II regulations will be adopte~ 1 by DEQ by January 2003 and the City would then be required to apply for a permit b)' July 2003. It is also anticipated that thc federal government wffi require thc City to der clop a Municipal Separated Storm Sewer System 0VIS4) which involves City documen ation of all public education and outreach programs to notify residents of what they shot Id and should not do regarding storm water. Thc M,.q4 program will entail public involvel nent, a program to identify illicit connections to the storm sewer system and the elimlr trion of those connections, docmnenting construction site runoff control, post constmcti ~n runoff control programs, and the City's method of preventing general water pollution and keeping thc streams as clean as possible. Thc staffwill be bringing the Storm Drainage Master Plan and related policies to the Council for adoption in the near future and it is anticipated that thc City will need to respond to the Phase II requirements in early 2003. Staffwill also begin preliminary work on the creation of a utility to fund thc capital improvements identified in the Storm Drainage Master Plan and any improvements related to the Phase II requirements. CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber Board, presented the Council with their monthly office statistics since January 2002. She also reminded the public that the Woodburn I~erry Festival will be held July 26 - 9_g, 9~002 at Centennial Park. Additionally, the annual Chamber auction will be held at the Woodburn Fire Station on September 27*, and the Chamber will hold their first annual Crystal Apple Awards on November 22"a. NEW BUSINESS: TREE PRESERVATION, Mayor Jennings stated that two letters had been received from local citizens and he felt that this topic should be addressed by the Council. He had invited Kerin Ostrom to address the Cotlncil on this issue. 8A Page 4 - Council M~ttng Minute, July 22, 2002 COUNCIL MEETING MINUTES JULY 22, 2002 8A TAPE READING 4233 Kerin Ostrom, 425 Smith Drive, stated that she has been a lifelong resident of Woodburn and that the trees are a natural attribute and part of the City's heritage. Trees planted by Jesse SettlemiCr line most of Settlemier Avenue and are also found along those streets that feed into the downtown area. She felt that these trees need to be preserved and the City needs to a~lopt provisions that would allow tree preservation and give the City a sense of stewardship which can then be passed onto future residents of the City. Lately, the City has lost a few of these historic trees and she encouraged the Council to take some action soi that more trees are not lost in this historic area. Corey Zielsdorf stated that he had also written a letter and obtained some signatures from other residents on this issue. He reiterated that it is time to protect the trees that are part of the heritage ~f Woodbum and planted by Jesse Settlemier. The trees make Woodburn, especially in the downtown area, what it is and he feels that action needs to be taken before more trees are removed by property owners. He suggested that an ordinance be adopted that would require the property owner to come before a Commission or Council who would then make the decision as to whether or not a heritage tree could be removed. Administrator Brown stated that there are a number of tree o~inances available in Oregon and out of state, all of which have some good things in their ordinance and could be tailored to meet the City's needs. The existing zoning ordinance does include tree preservation provisions but the problem that it presents for residents is that it requires at least 3 significant trees in any annual period of time to be cut down before there is any permit required. Communities that have ordinances regarding heritage trees will sometimes define tree species, stands of trees in an area, the size of the tree mmic, sizc of ~he canopy, and height of the h'ee. He questioned the Council on how much control they would like to impose, whether it be prohibiting the cutting of any trec on private property without a permit on one end of the spectrum, to leaving things the way they are, or defining what a hcritage trcc is and protecting it with somc stricter standards than what is currently in place. Hc rccommended that any additional work on this issue be directed to the Planning Commission so that they can have Planning staffbring forth some appropriate models to review, hold one or more public hearings so residents can provide their input on this issue, and the Commission can make a recommendation to the Council. Any action would require a zoning ordinance amendment which is why he has suggested Planning Commission involvement. He reiterated that staff is looking for Council guidance and will take whatever action the Council deems applicable. Councilors Sifuentez and Nichols suggested that the issue be.forwarded to the Planning Commission for review and public comment, and then a recommendation be made to the Council. Councilor Figlcy stated that she has two trees on her property that are approximately 100 years old of which one is a good specimen while the other tree is in very poor condition. She stated that she wanted to be sure that any final action taken by the Council does not prohibit properly owners fxom taking necessary measures to remove dead or diseased trees at a point ~vherc they may impose a hazard to the public. In addition to these two Page $ - Council Meeting Minutes, July 22, 2002 COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING trees, she has a number of trees around the perimeter of her property that, in her opinion, do not have the significance or value that the older trees have and she did not feel it was fair to ask property owners to abide by the same standards if the tree was not of a heritage stanclard. Lastly, she was interested in having a list compiled for property owners that would provide names of trees that would be an asset to the community over the next 100 )'ears. Councilor Nichols suggested that the Extension Service be utilized to determine whether or not a tree needs to be removed due to a disease. Administrator Brown stated that the ordinances that he h~ reviewed do not actually prohibit a property owner from removing a tree but it does provide for a certain process to be followed in order to get permission to remove the tree. This may include a large permit fee wllieh may deter the property owner from removing the tree and there is generally a specimen tree replacement provision. Additionally, the ordinances did include a provision for the emergency removal of a tree. Many of the ordinances also have a review committee to act on the permit application. Councilor MoC-aHm agreed that Settlemier Avenue is a beautiful tree-lined street but there are other trees throughout the City that need to be potentially protected. This issue does involve property rights but there is also a stewardship to carry on the environment and her/rage tO the future. He agreed that the health and safety of the citizens of Woodbum need to be a strong consideration at aH limes. He also expressed the opinion that not aH trees should covered under a proposed ordinance. Consideration must also be g/van on the cost to ma/ntain those'trees since it may be a burden on the pwperty owners. He felt that the Planning Conun/ssion is an appropr/ate place to start in addressing this issue. He expressed concern that w/th tiffs issue being brought forward, there may be a rush to cut trees before any action is taken by the Council. He hoped that property owners would wait to see what develops on this issue. Councilor Chadwick expressed concern regarding removal of healthy trees but felt that property owners should be able to remove diseased trees. Mayor Jennings stated that this issue will be referred to the Planning Commission for further review. 5630 PROCLAMATION: NATIONAL NIGHT OUT 2002: Mayor Jennings proclaimed August 6, 2002, as "National Night Out" in the City and urged city residents to support this national program relating to neighborhood safety and crime prevention programs. He also stated that he would be riding with Deputy Chief Youmans to visit neighborhoods hosting blOCk parties and he urged the Councilors to ride with officers to visit neighborhoods in their Wards. 5976 Nild DeBuse, representing the Woodburn Berry Festival organizers, extended an invitation to the Mayor, Council and general public to join in this signature event for the City. She also recoguized Kezia MacAlistaire-Merwin for all of her work in organ/zing Page 6 - Council Meeting Minute~, July 22, 2002 8A COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING 6202 Tape 2 this event. The festival will include musical entertainment, arts and crafts, food, children activities, panc~tke breakfast, soccer, and hot-air balloon displays. CONSENT A(;ENDA. A) approve the Council Minutes of July 8, 2002; B) receive the ,ibrary Monthly Report for May 2002; and C) receive the taft report concerning decision making process for multiple land use decisions. ~ Mayor Jenning~ stated that he appreciated receiving the staff report from Attorney Shields on the decision making process for land use decisions. Councilor Bjell~nd stated that, from a legal standpoint, there could be potential separation but there are some other administrative issues that might indicate that it is more efficient to process the land use issues all at once. He agreed that a Comprehensive Plan Amendme0t and Zone Change are closely related and should most likely stay together on an application whereas a Site Plan Review and a Partition are also closely related but he s_~_ an element of distinction between, the Comprehensive Plan Amendment and Zone Change and the Site Plan Review and Partition. He suggested that if there is any cOncern about one of these elements, it be separated into two elements rather than 4 elements. Attorney Shields stated that his memo basically said that it is up to the Council and the only legal issueS he sees are those that are generally created in cases where issues can be consolidated an~l then separated resulting in different filing periods for appeals or difi`erent effective dates for land use decisions affecting the property. Consolidating an application is ag the option of the developer but the Council could separate the land use decisions by adopting separate ordinances. FIGLEY/SIFUtENTEZ.... accept the consent agenda as presented. The motion passed unanimously. 0062 COUNCIL BII~L 2408 - RESOLUTION ENTERING INTO GRANT AGREEMENTNO. 19759 FOR PUBLIC TRANSPORTATION OPERATING ASSISTANCE[GRANT FOR FISCAL YEAR 2002-03. Council Bill 2408 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2408 duly passed. 0120 COUNCIL BILL 2409 - ORDINANCE AMENDING ORDINANCE 2285 (WOODBURN[TRAFFIC ORDINANCE) BY DELEGATING TO THE POLICE CHIEF THE AUTHORITY TO IMPOSE TEMPORARY STREET CLOSURF~, Page 7 - Counoil Mooting Minutea, July 22, 2002 COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING Council Bill 2409 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections by the Council. Mayor Jennings questioned if the Deputy Chief would be given the authority in the event there is no Chief of Police in command at the time of need to impose a temporary closure. Attorney Shiekts stated that the Police Department does appoint someone in command and he does not feel that there is an issue that needs to be addressed. Councilor McCallum questioned if the 14 days in the ordinance is consecutive. Attorney Shields stated that it allows for 14 consecutive days. Chief Null stated that, for a practical matter, Public Works can close down a street when adverse weather conditions or street blockages occur. The ordinance gives the Police Chief the authOrity to keep the streets closed until such time as they become safe for travel. The majority of temporary street closures happen during National Night Out but there are a few neighborhood watch parties during the course of the year. Staffwill provide the Council with a report after the closure for informational purposes. On roll call vote for final passage, the bill passed unanimously. Mayor J{mnings declared Council Bill 2409 duly passed with the emergency clause. 0376 ELECTRICAL LIGItTING IMPROVEMENTS ALONG EVERGREEN ROAD AND STAC'Y ~-LLI$O{N WAY, Staff recommended the improvements which will provide strectlights along this roadway to be installed by Portland General Electric and their sub-contractors. FIGLEY/SIFUENTEZ.... Approve Option 1 for the electrical lighting improvement by PGE along Evergreen Road and Stacy Allison Way in the amount of $29,586.88. The motion passed unanimously. O40O FRONT STREET ACCESS RAMP. FIGLEY/NICHOLS... authorize the City Administrator to sign the application and direct staff to submit the application for State Highway Approach to Oregon Department of Transportation. The motion passed unanimously. 0432 OREGON LIQUOR LICENSE APPLICATION: FONZIE'S DELI, 1585 N. Pacific Highway. FIGLEY/SIFUENTEZ.... approve a Limited On-Premise Sales liquor license for Fonzie's Deli, 1585 N. Pacific Highway, Woodbum. Councilor Figlcy stated that she had a major concern regarding this application in that I) the substantial take-out clientele, 2) the normal business hours, and 3) the installation of video lottery machines and on-premise liquor sales sounds more like a tavern than a deli. Normally, she does not have a problem with having alcohol service with meals but in the case of a breakfast and lunch operation, she questioned the need and, with the presence of the lottery machines, if it is even a deli. 8A Page 8 - Council M~tlug Minutes, July 22, 2002 8A COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING Councilor McCallum concurred with Councilor Figley's comments and had concern regarding the square footage of the business would restrict the dine-in clientele especially with the lotteD' machines. He stated that it was his understanding that the business hours listed in the sta ff' memo could be expanded by the owner without having to resubmit a license request to the Council. Chief Null stat :d that the take-out portion of the business does not include alcohol and, in regards to exte asion of hours, approval would be given at the OLCC level and not the City Council. He stated that did not know the owners intent, however, it is possible for them to chang~ it to a tavern since there are no restrictions under the license. Lottery machines are ~ot to be in view of minors so the owners will need to either put the machines in a different room or they would allow only individuals age 21 or older into the deli. It wa~ noted that a Limited On-Premise Sales license would require that the alcoholic beverage be consumed on the premise. Attorney Shiel, ts reminded the Council that the local process involves a public hearing if the Council is ~ :onsidering denial of the license. Chief Null stat xl that the Council had adopted criteria in February 2000 relating to licensing ofpr~,~mises in Woodbum and the Council's adopted policy was approved by OLCC. Appli¢ ants for licenses within Woodbum receive the City's policy r,o that they know what the City's policy is and, when the applicant applies for the license in good faith and mcet~ the adopted policy criteria, the City will recommend approval of the license. The City has a 45 day process to makea recommendation to OLCC and, ifthere is a potential fi~r den/al, the City needs to establish a basis for the denial. He has recommended ' :hat the City approve the license since the applicant has met all of the criteria. If the ~ouncil elects to pursue a denial, a public hearing is required within the 45 day period.. He stated that businesses want to have lottery machines but the only way they can recei~ e their machines in their establishment is to have a liquor license. Mayor Jennin/l s stated that the City cannot deny a liquor license just because you -do not want it there a~)d a denial will only be upheld if there are legal reasons that would justify a denial of the license. The vote on th~ motion was 5-1 with Councilor Nichols voting nay. 1030 Helen Able, owner of Fonzie's Deli, stated that her business is definitely a deli, however, many people, especially females, have told her that they would like to have an alcoholic drink with a sandwich or to play video machines but they would not go to a tavern. 1075 PLANNING (~OMMISSION ACTIONS. A) Site Plan Review #02-05 - Farmworker Housing Education Center: No action was taken by the Council regarding the construction of an education facility to be known as the "CiprianO Ferrel Education Center"within the Nuevo Amanecer housing complex located at 1274 Fifth Street. Page 9 - Council Meeting Minutes, July 22, 2002 TAPE READING 1106 COUNCIL MEETING MINUTES JULY 22, 2002 CITY ADMI1NISTRATOR'S REPORT. A) The City A!tomey's performance evaluation is during the month of August and the forms will be distributed to the Mayor and Council either in hard copy or electronic format whichever is desired by each member. There are no changes to the form and it is hoped that the Council will be prepared to do the evaluation at the first meeting in August. B) Encroachment in Public Rights-of-Way: Administrator Brown stated that the staff is still working on encroachment in the public rights-of-way as it relates to permanent structures or the erection of structures that people prefer to see as permanent structures. However, staff is also having issues on temporary encroachments on public fights-of-way in many cases dealing with the placement of signs and vehicles parked across sidewalks. Generally a code enforcement action that is taken on these types of temporary encroachments. Most recently, the downtown area is experiencing a large number of temporary encroachments which range fxom newspaper boxes on the sidewalks to telephone booths that have been installed without permission to stationary food vendors that are in conjunction with existing storefronts. Staffhas tried to be consistent in their approach to all of these which has been to follow the ordinance that prohibits encroachment without a permit. However, the City has not established a permitting process to date. Newspaper companies have brought to the staff's attention that there are some First Amendment rights issues that need to be respected by the City and, in some eases, there has been some voluntary removal by the newspaper companies or the boxes have been moved to an area so that the sidewalk is no longer obstructed or creating a trip hazarck The telephone issue becomes more complicated since the telephone company is required to have a franchise and, as a result, it entitles the telephone company to the use of the public fights-of-way. Administrator Brown stated that he has some concerns relating to the permit issuance and he will be working with staff to prepare a report for Council consideration on the issue of permanent structures and temporary encroachment in the public fights-of-way. Until staff has the opportunity to discuss the issue in more detail with the Council, he stated that he would like to take the position consistent with existing ordinances that the City is not issuing permits to operate on the public rights-of- way and the permits will not be granted until the City Council has evaluated the process more formally and adopted ordinance changes that would specify their preferences in this matter. Mayor Jennings recommended that the Administrator move along as proposed. Councilor MeCallum suggested that permits for temporary encroachment be limited to specific events. His eoneem is that business owners may try to have multiple events that would involve encroachment on a regular basis. Administrator Brown stated that when this issue is discussed in more depth by the Council, only a specific number of events be established. Councilor Figley stated that she would like to see trash clean-up obligations that are put 8A Page 10 - Council Meeting Minute~, July 22, 2002 COUNCIL MEETING MINUTES JULY 22, 2002 TAPE READING 2159 2550 directly onto tl~e permitee. Councilors NiChols and Si£uentez also agreed with the Administrator's proposal. MAYOR ANl) COUNCIL REPORTS. Councilor Nicl~ols complimented the Code Enforcement Officers in work to keep the tall grass and weeds mowed down in the City. Councilor McCallum stated that he has filed for the position of City Council Ward III in the General El~ction. Councilor Bjel~and stated that the Mid-Willamette Valley Area Commission on Transportation had put forth two Woodbum projects to the Region II all area meeting. The Woodburn Interchange request was for $14.1 million and the other project was for $750,000 for the design, engineering, and some right-of-way acquisition on the widening of Hwy. 214. At the all area Region II meeting, Woodburn was given $7,305,000 in funds for the imProvement of the interchange with funds dedicated towards right-of-way acquisition, an¢ $550,000 for the widening of Hwy. 214. These projects are now on the STIP process ,~'hich is an important consideration and it is hoped that on the next round of funding the ~ity will be able to secure more funds to complete these projects. He expressed his disappointment that, in his opinion, MWACT did not receive their fair share ofRegiot H's funding since they received approximately 29% of the funding whereas Regiol H represents approximately 40% of the population. EXECUTIVE SESSION. Mayor Jenning entertained a motion to adjourn to executive session under ORS 192.660(1)(d). BJELLAND/SIFUENTEZ... adjourn to executive session under the statutory provision cited by the Mayor. The motion passed unanimously The meeting adjourned to executive session at 9:13 p.m. and reconvened at 10:19 p.m.. 2600 Mayor Jennings stated that no decisions were made by the Council in Executive Session. 2614 ADJOURNMENT. FIGLEY/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:20 p.m.. APPROVED RICHARD JENNINGS, MAYOR Mary Tennant, Recorder City of Woodbum, Oregon Page 11 - Council Meeting Minutes, July 22, 2002 Executive Session COUNCIL MEETING MINUTES JULY 22, 2002 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 22, 2002. CONVENED. ROLL CALL. The COuncil met in executive session at 9:15 p.m. with Mayor Jennings presiding. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant The executive session was called to conduct deliberations with persons designated by the governing body to carry on labor negotiations under the statutory authority of ORS 192.660(1)(d). The executive session adjourned at 10:18 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Me~ting Minutes. Suly 22, 2002 8B WOODBURN PLANNING COMMISSION June 27, 2002 CONVENED The Planning Commission met in a regularly scheduled session at 7:00 p.m. with Chairperson Cox presiding. ROLL CALL Chairperson Vice Chairperso~n Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: Cox P Lima P Young P Grosjacques P Mill P Bandelow P Lonergan P Jim Mulder, Community Development Director Scott Clark, Assistant Planner Deniece Won, Assistant City Attorney Chairperson Cox provided an opening statement for Public Hearing. MINUTES ; A. Woodbum Plant, lng Commission Minutes of June 13, 2002 Commissioner Grosjacq~es moved to accept the minutes as printed. I ~BUSINESS FROM THE A~UDIENCE NoRe Motion was seconded by COMMUNICATIONS ~ A. City Council Miqutes of May 13, 2002 B._: City Council Miqutes of May 28, 2002 Commissioner Mill commented the baffle with the LID on north Boones Ferry Road will be an interesting one. PUBLIC HEARING Chairperson Cox announced Public Hearing Item C will not be heard tonight as it has been continued to the July 11. 2002 Planning Commission Meeting. A. Comprehensive,Plan Map Amendment 01-03 and Zone Change 01-07, request for a Comprehensive plan Map Amendment change from Low Density Residential to High Density Residential and ~ Zone Change from RS (Single Family Residential District) to RM (Multiple Family Residential District) on property located at 373 Gatch St., Tim Doman, ar)r~licant (continued from ,June 13, 2002). Chairperson Cox reportecl a letter from Attorney Wally Lien was received explaining he has just been hired to assist Mr. Doman and requested another continuance in order for him to get his information together to present it. Chairperson Cox pointed out Mr. Lien is not in the audience today. Furthermore, Chairperson Cox paraphrased the pros and the cons of postponing the hearing or not. He indicated this will come before the City Council in any case. Although he appreciates the dilemma that Mr. Lien is faced with here, on the other hand this is a very great request. Planning Commission Meeti#g - June 27, 2002 Page 1 of 10 Commissioner Mill inquired if the City Council could remand this back down to the Planning Commission as one of their options? Deniece Won did not believe there is anything explicitly stated in the Zoning Ordinance that says they can. However, she would be inclined to think that if that was their leaning, they could. Commissioner Bandelow~ personally felt the Commission has enough information to make a decision tonight. Commissioner Young clarified the record would be left open for seven days which is required by State law. However, it is only to respond to new evidence that would be introduced and it would not be a new part of an application. Chairperson Cox stated for the record that Staff has responded to Mr. Doman's statement that he did not receive the Staff Report until the Tuesday before the meeting. According to Staff's records, the report was available to the public seven days before the hearing as is required and it was mailed to Mr. Doman the following business day. Commissioner Lima concurred with Commissioner Bandelow's statement and commented Mr. Doman was really eager to come back tonight with new evidence to present to the Commission that would probably sway our vote one way or the Other. He stated he sees absolutely nothing new and Mr. Doman had the time to provide information. Commissioner Lima felt at this point, with the information that he has before him, he is ready to vote. Commissioner Lima made a motion to deny the request for continuance and to go ahead with the headng tonight. Commissioner Grosiacque-,~ seconded the motion. Chairperson Cox interjected he will vote No on this motion reluctantly. He remarked he does not see any great rush to judgement on this and does not see any harm that will come by giving the applicant as much time as he wants, although it is frustrating for the Commission. Moreover, Chairperson Cox felt the applicant should develop whatever record they think they can so that the Commission can make a decision on the full record and not just on what has been presented so far. ,Commissioner Lima respecffullydisagreed with Chairperson Cox. He said the applicant has had enough time and has not come fom, ard with anylhing new. Commissioner Lima reiterated the applicant was quite eager to present new evidence and the only evidence brought fo~'th was a request for a continuance. He indicated he has read this application in depth and is prepared to make a decision. Commissioner Mill noted although he was not present at the last meeting, he has read the minutes and the Staff Report several times over and is familiar with the site and therefore, he feels qualified to vote on this. Chairperson Cox inquired whether anything has happened since the last meeting that would require revelation of any new exparle contacts or potential conflicts of interest? There were no items to report by the Commissioners. Motion to deny the request for continuance and to go ahead with the hearing tonight carried with 5 to 2 vote. Chairperson Cox and Commissioner Loner.qan voting No. Chairperson Cox told Mr. Doman he may come forward if he wishes and present any new evidence that was not presented at the last meeting. TESTIMONY BY APPLICANT Tim Doman, 450 Smith Dr,, Woodbum, OR 97071 appreciated and understood the comments presented tonight. He commented the morning after the last meeting he immediately called the City Senior Planner and he was kind enough to discuss the situation with him and point out his main concern on the application. Mr. Doman stated the Senior Planner indicated it was his opinion there wasn't anything Mr. Doman could do to 8B Planning Commission Meeting - June 27, 2002 Page 2 of 10 gain any evidence to convince the Staff. Nevertheless, he went straight out and hired some professional help. He further commented he hopes the cost of this professional help will be beneficial to him in presenting good information. TESTIMONY BY PROPC~ENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Cox closed the public hearing and opened for Commission discussion. Commissioner Bandelow Could understand why Mr. Doman wants to do this as it clearly makes good business sense as it abuts ether property. However, she personally did not feel the need was proven to increase the multi-family zone area. Additionally, she thought there is a dear detrimental effect to jogging out into the existing RS zone in order tq facilitate their plans when we have so many residences that abut that and we also have land that abuts this th~at is zoned single family residential that is not been developed yet. Commissioner Bandelow remarked if them were a great need for multi-family, then there might be a reason to look at that. However, to go into Ihe single family residential when there is no great need would effect the families that live on Gatch St. adversely. Inldosing, she stated we need to preserve some of those older neighborhoods and said her inclination is to vOte against the zone change. Commissioner Mill agreed with Commissioner Bandelow's comments. He commented if you looked at it on lhe map it would essentially be a sore thumb sticking out there. He believed it does not have any place and we as a Commission are charged with trying to staywith what the Comprehensive Plan is which was designed with a lot of thought and fomsighL Commissioner Mill further stated he sees this project as something done to benefit one person to Ihe detriment of many others. He concluded in saying this is not a proposal that is r-,c...-..-..-..-..~ and does not have~ merit at this time and therefore, he is also inclined to vote No. Commissioner Grosiacqufls stated he too is inclined to agree with his fellow Commissioners. Vice Chairperson Lima neted he tried to find a way to justify voting for the Comprehensive Plan Map Amendment and Zone Change when there is a surplus of mulfi-fam~ lots available in town. Although he understood what Mr. Doman is trying to do, it worries him because he will create a private street in between two lots in two different streets. He concluded in saying he has not seen anything so far that will sway him to vote Yes on this applical~:m. Commissioner Lonergan also concurred with his fellow Commissioners. He agreed we do have a large surplus of multi-family land and he is not convinced that we need this property to be changed. Additionally, he is dead set against anything that is going to have an added traffic impact of this magnitude to a residential neighborhood. Commissioner Young remarked he is basing part of his views on work that we have done in the past 2 ½ years as we reviewed the Comprehensive Plans and the Zone Maps. We established our Comprehensive Plan Map about a year ago which is a 20 year plan that is based on quite a bit of scientific study and facts that are available from several agencies that do population studies and trends. Commissioner Young indicated we seem to have planned appropriately for the different zones even though it seems a small surplus in the 20 year plan, he does not see why we should increase that surplus at this time, Chairperson Cox agreed and added a Comprehensive Plan or Zoning is not changed just because it makes business sense for one applicant. He reported a Comprehensive Plan is changed only if you can demonstrate a mistake originally or if there has been a change in circumstances. He noted Mr. Doman's reasoning for the change in circumstances Was his claim that there will be an increased demand for multi-family apartments Planning Commission Meeting - June 27, 2002 Page 3 of 10 because many manufactured homes have been tumed back from people who have lost their financing on their manufactured homes and therefore, there will be a greater demand for multi-family. Chairperson Cox indicated he is simply not persuaded by that and there is no evidence other than Mr. Doman stating it, so there is no evidence to support that claim. In conclusion, he said although he sympathizes with the neighbors concerns his decision is not based on the complaints of the neighbors about the quality of stewardship of the existing apartments. Commissioner Youn.q inlerjected the way businesses are conducted is really not part of the Commission's decision process. He stated we need to focus on the actual amendments, the Comprehensive Plan and the Zone Change and as far as the motion of whether we like the way the situation is or not should not come into play. Vice Chairperson Lima pointed out that was part of his initial statement. He stated he is basing his vote on the merits of the application. Vice Chairperson Lima moved to deny the Comprehensive Plan Map Amendment 01-03 and Zone Change 01-07 and requested Staff retum with findings at the next meeting. Commissioner Grosjacques seconded the motion, which unanimously carried. B.~. Site Plan Review 02-05, 8,600 square foot multi-purpose education facility at the Nuevo Amanecer multi-family housing complex located at 1274 Fifth St., Farmworker Housin.q Development Cgrporation, applicant. EXPARTE CONTACTS ~ ,.Commissioner Mill reported he is a member of the Woodbum Presbyterian Church which has had some involvement with the NueVo Amanecer Project in a mission type of capacity. However, he stated that will not affect his vote as he has not been directly involved with the Project at all. Commissioner Young stated he visited the site en several different occasions during the years it has been there and he drove through the site just to familiarize himself with it. He said this will not influence his decision. ,Commissioner Grosjacques also visited the site. Commissioner Bandelow indicated she drove through the site. .Chairperson Cox and .Vk~,e Chairperson Lima disclosed they are familiar with the site. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Approval of the project was recommended by Staff. Commissioner Younq questioned if the office will remain as is and if there is plenty of setback in the portion of the playground area? Staff replied everything will remain the same with the exception of the existing parking area. He stated there is a condition in the report that requires the setback in the playground area to be 5 feet to meet the special setback from Highway 214. .Commissioner Lonergan referred to page 4 of the Staff Report and requested clarification as to whether there is a maximum fence height of 7 feet? .Staff answered there is a maximum fence height of 7 feet for a residential district. ~ asked whether placement of barb wire across the top of cyclone fence is permitted under this current application? 8B Planning Commission Meeting - June 27, 2002 Page 4 of 10 Staff responded fences can not be made of hazardous materials, which would include barb wire, in a residential area. Commissioner Loner,qan inquired if there are any requirements regarding the type of fence or do we just limit the height? Staff reported as far materials, we do not have a standard at this time. Commissioner Bandelow asked if there is fencing between the detention area and the complex itself? Staff replied to his knowledge, there is not. Commissioner Bandelow ~xpressed concerns with the possibility of the detention area filling up in a rain storm converting it into a pond which can be a temptation to small children. She suggested to perhaps recommend something to eliminate that danger. Deniece Won interjected tl~e final answer is going to be delivered by Planning Staff because the Commission's authority to impose conditions on applications is driven by the criteria. Therefore, there needs to be some criteria to link the requirement to. Staff interjected he does 0or see anything in the criteria for design review that relates to public health and safety. He referred to Cdtfldon A of the Site Plan Approval Criterion and quoted "The placement of structures on a property shall minirr~ze adverse impacts on adjacent uses'. Staff remarked the Commission may interpret, if they choose to, the structure being the fence and minimizing adverse impacts as far as providing safety from at least children off-site or adjacent properties from accessing that. Commissi~mer Grosiacquf~s inquired what is the possibility of the depth, when it rains, of water in the .Staff replied he is not positive but believed they usually do not exceed about 36" or 3'. Commissioner Mill commented Farmworker Housing Development Corporation is a quasi-federal agency and he would think their risk management people will probably take the correct course of action on that. TESTIMONY BY APPUCANT Roberto Frenco, 1955 24~ St., NE, Salem, OR stated he is the Director of the Farmworker Housing Development Corporation; He remarked the Cipriano Ferrel Education Center is really a long awaited completio~ of the Nuevo Amanecar Development. When they began lhe project in 1992, they made a commitment that they were going to provide housing with supporting services for the families that they are housing. Therefore, the education center has come into place in facilitating even more the current services they provide on site and it Would complete the whole Nuevo Amanecer Development. Mr. Franco stressed the importance of the education facility is really providing additional services and support for families so that in the future they can progress and improve their lives and hopefully move on as well as for the children. He commented a lot of the children of Latino families struggle in schools and still have problems with drop out rates. Additionally, Latino femilies struggle in tr~ing to find ways in integrating into our community. Therefore, this center becomes an iml)ortant part in facilitating the children with the integration of a Head Start Program and a room for day care so that the children can be in a safe place and in an environment that is well adapted to their age. This removes the need for children staying with relatives, friends or on their own when the parents are at work 8-10 hours a day. For the families it means access to other services and to the current services they provide such as English as a Second Language, US Citizenship preparation, home buyer education and after school! programs for children. Moreover, there will be space for families and children where they can come and learn about financial literacy, i.e., how to open a checking/savings account, how to do business in the community, how to utilize credit cards. It is their intent that this facility can facilitate the interaction of the children end the families with the general community. They hope other members of the Planning Commission Meeting - June 27. 2002 Page $ of 10 larger community can participate and be part of the activities such as celebrations, art exhibits and utilization and access to the computer lab. Mr. Franco reiterated his agency is committed in the deliverance of those programs with the helP of organizations that will help them in providing delivery of the programs, i.e. Woodburn School District, Woodbum Teachers Association, Tukwila Health Center, Chemeketa Community College. He stated they have met all of the conditions and requirements under the zoning laws. Lastly, he remarked the Cipriano Ferrel Education Center really represents an investment for the children, families and the community. Mr. Franco reported the City of Woodburn has, through the various means, helped them in securing funding via Community Development Block Grant Application. Commissioner Mill asked Mr. Franco since the School District will be involved with the center, will there be a continuing education program that will provide GED courses, supplemental courses, tutoring etc. offered in the center as well? Roberto Franco answered those are the types of programs they have in mind in their discussions with the Woodburn School District and Teachers Association. He reported they are already facilitating English as a Second Language classes. Vice Chairperson Lima inquired why is the center being named after Cipriano Ferrel? Roberto Franco explained Cipdano Ferrel was a member of this community and passed away in 1995. He was involved with the farm worker movement. In 1994, he came to work with the Farmworker Housing Development CorporatiOn as the Community Organizer and Social Services Coordinator. He helped the agency immensely when they opened Nuevo Amanecer in 1994 to help establish what they call now 'a resident counsel" which started with various committees (education, safety & security, youth group, cultural activities and recreation). Mr. Ferrel assisted in putting the base and foundation in having it evolve into a resident counsel. He stated for them it is a way of honoring his name and the work that he did with the many farm workers. V'me Chairperson Lima asked if this center will also have gatherings and festivities that occur? F[obedo Franco clarifm, cl these would occur mostly outside in the plaza where they could have more room. There is a mom where they could have a gathering or conference for up to 175 people seated. He indicated they do not anticipate to have a large fiesta or anything like that. .Commissioner Lonergan questioned if the Site Plan has changed at all in the last 10-11 years since the corporation came in or has it been adjusted to fit any different needs for this facility? Additionally, he asked in regards to parking and traffm, how much of the outside of the development does he see that will be coming to the site? Roberto Franco reported it was proposed for a day care and Head Start back in 1999. The only addition they are making is the computer lab. He said they do not anticipate a lot of incoming traffic. However, the Head Start Program might have some incoming traffic and the agreement with the Head Start provider is that first they have to provide the services to children living in Nuevo Amanecer and if they do not have enough children, which they presently have 250 children living on site, then they can bring other children from the general community. Normally these children would be transported in buses and therefore, family members would not be dropping or picking up children. For other large gatherings, i.e. Mexican Fiesta, in the past the Seventh Day Adventist Church has been friendly and willing to help them with additional parking needs, which they have done a couple of times. Mr. Franco stated they have talked with them again and they have indicated they will cooperate with them. Additionally, the church has hosted one of their ESL classes because they did not have a large enough room. Commissioner Lonergan also asked Mr. Franco if he foresees any problem with the 7 foot fence around the playground with being able to maintain the children within the boundaries and what type of fence will be installed? He also requested Mr. Frenco address the concerns or possible concerns about the fence around 8B Planning Commission Meeting - June 27, 2002 Page 6 of 10 8B the detention area. Roberto Franco replied he will make every effort so that the fence is sturdy and pleasing to the eye. The Head Start and day care providers have to be out there supervising the children while in the playground. The fencing is a Head Start and Oregon Child Care Division requirement. He commented the intention of having a 10 foot fence on one side is that would provide a nice background or drop to a short stage that they would like to have in the plaza. Mr. Franco reported the detention has been there for about 10 years and they have not had any incident with Children going down there. In fact, they keep a careful watch, particularly during the rainy season because riley are aware it is a temptation for children. Furthermore, they also have two additional playgrounds on site equipped with swings and slides that they encourage the children utilize. The detention area is approximately 200 yards or more away from the education facility. However, since this is a major concern, he will address it and consult with other parties, as it is not his lone decision to make. Chairperson Cox asked Mr. Franco if he has any problems with Staff's conditions? Roberto Franco replied he has no problems with the conditions. Commissioner Younq thahked Mr. Franco for his eloquent presentation of the project and thanked the people who came to show suppoi't for the project. He remarked this project will be a great addition to the community to enhance education both for young children and adults. Commissioner Young inquired if there will be any kind of regular attendance by a group of children that would attend the day care? Roberto Franco explained the room is designed for up to 20 children. However, the plan is that the daycare will work around the HeadStart Program. The Head Start Program will run halfa day and the plan discussed with the providers is that When the children leave the Head Start they will roll into the daycare. Basically, the majority of those that will go into the daycare room are the same children that will come out of the Head Start activities. Mr. Franco als0 stated if there is room and if there is a demand, which there is, lhey have right now a network of 20 women at Nuevo Amanecer who have been trained and certified to be childcare providers onsite. TESTIMONY BY PROPONENTS Martha Peck Andrews, Aqdrews Architects, 205 SE Grand, Portland, OR 97214 stated Mr. Fmnco provided an excellent presentation~ She indicated this is the last piece that is filling in the one undeveloped parcel at Nuevo Amanecer and it really fills out what was intended and deschbed in 1992. From an architectural stand point, the entire building and grounds shown are designed as a comprehensive whole. Ms. Andrews also reported there is a major Storm line that is directly on the west side of Ihe building and therefore, she had to hold the building away fron ~ the storm line. Ultimately some of their storm water leaves that line and eventually enters the ditch that is on lhe south side of the State Highway and some of the storm water will get collected in another pipe and will er d up in the infamous detention pond previously discussed. She pointed out and referred to the prospective, drawings she included in the Staff Report. It was reported by Ms. Andrews there will be plenty of windows and the extedor materials will match the materials already at Nuevo Amanecer. Additionally, they want to ~troduce brick as an exterior matedal and will be working with Staff to finalize the color of the brick. She als( indicated they have selected some shrubs that will have seasonal color and really contribute to the whole scl; eme. Moreover, she thought her plans calls for 5 foot fences around the children's play area which is less than the 7 foot height. She said given the fact that these children are preschoolers, a 5 foot fence seems pretty appropriate for that age of child and as pointed out by Mr. Franco, whenever the children from the Head start are on the playground, they are always adult supervised. Ms. Andrews did not feel it is an issue with children climbing over the fence. She remarked the 10 foot fence alluded to eadier was actually intended to be in the center of the plaza and would kind of provide a backdrop to a raised platform area. At this point, they will keep it down to 7 feet, as Staff had indicated to her a 10 foot fence is not allowed. However, they might return at a later date for a request to make that higher. She further commented she will recommend to her client that they look at fencing the area around the detention pond as a safety issue. Commissioner Bandelow asked Ms. Andrews if she designed the first stages of the project also? Planning Commission Meeting - June 27, 2002 Page 7 of 10 Martha Peck answered they did not design Phase I of the project and it was done by another firm. She pointed out that project received the Governor's Livability Award for Excellence in Design. Jack Berkey, 1757'5 LandlUra Ct., Hubbard, OR said this project will be a real plus to the City of Woodbum and surrounding areas. He asked the Commission to look at the project very carefully and hoped to see 100% endorsement by the Commission to send it on to City Council for approval. He further commented he served on the committee for this project and repoded a lot of contributions have been given towards this project so far. Commissioner Lonerqan inquired what the completion time is for this building? Jack Berkey replied it would be his guess they would try to break ground this Fall with an approximately 6-8 month window for completion. Albertina Valleio, 1274 5~h St. 16F, Woodburn, OR 97071 (Ms. Vallejo provided her testimony in Spanish with Mr. Franco providing translation of her testimony) stated the education center would be very beneficial not only to the residents of Nuevo Amanecer but also the community. The project includes a large meeting hall which is larger than the room they presently use in which they hold monthly resident meetings. Additionally, there are a group of ladies getting training to be childcare providers and they hope there might be an opportunity for them to work in the childcare program. Ms. Vallejo also remarked it would be great to have access to computers so that it benefits them which means improvement in their lives. ,Maria del Carmen Roias, 1274 5"' St. 9B, Woodbum, OR 97071 (Ms. Rojas also provided her testimony in Spanish and Mr. Franco provided translation of her testimony) asked for the Commission's support so that they can have the building constructed so it could benefit everyone at Nuevo Amanecer. She further stated it would be a great help for all of the residents as well as support for all the children that live at Nuevo Amanecer. Larry Kleinman, 1790 Landau Dr., Woodbum, OR 97071 mentioned Ms. Vallejo, whom testified tonight, has just been elected as the President of the Resident Association of the residents of Nuevo Amanecer and as such, automatically has a seat on the Board of Directors of the organization. Furthermore, he described Clpriano Ferrel as a farm Worker who lived or worked in Woodbum for almost 20 years, and was one of the co-founders of the Farrnworker Housing Development Corporation in 1990. Mr. Kleinman reported he also served on the Committee of the Treasurer of the FHDC Board which comprised of a very diverse group of people including the fOrTher Governor Roberts, City of Woodbum Mayor, School Board MemberAnthonyVeliz, Chamber of Commerce President, a number of Realtors in addition to Jack Berkey and members of the clergy. He also stated thins project comes before the Commission with broad support and even the effort to raise the money to bring this project to this stage has already built bridges in this community that he has not seen existed in the time he has been here. Additionally, the programs will build on that effort and build bddges between Latino families who live at Nuevo Amanecer and other folks in the community who frequentlY do not have enough occasion to interact and to work together productively. In closing, Mr. Kleinman urged the approval of this application. Selodo Ma.qaQa, 1274 5"',St, #16F, Woodbum, OR 97071 stated as a resident of Nuevo Amanecer, he supports the project and commented it will benefit the community and a lot of families that already live there and those that have applied for residence at Nuevo Amanecer. .l_ara Isiordia, Social Seryices Director, Farmworker Housing Development Corporation, 399 Elm St. Woodburn, OR 97071 reported she has been established in Woodbum for about 16 years and she has worked in the community for the same amount of time. She stated she commenced her position with Farm worker Housing about 3 years ago and said it is a wonderful project. The program helps develop dreams which come true for the residents. Additionally, Ms. Isiordia indicated although there will be more projects to work on, it will be easier to accommodate all the children and adults in the same location. In closing, she commented this would be a dream come true for her. 8B Plannlng Commission Meeting - June 27. 2002 Page 8 of 10 8B TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Cox closed ti~e public hearing and opened for Commission discussion. Vice Chairperson Lima mgVed to approve Site Plan Review 02-05 and instructed Staff to return with findings at the next meeting. MotiOn was seconded by Commissioner Grosiacques. Commissioner Mill providffd a bilingual comment. He stated he thinks this is a great project and a great ~ f~r~o~ ~nly the Community at Nuevo Amanecer but also for the Woodburn community and the surrounding area. For th~It reason he believed the Commission are in favor of the project. Commissioner Loner.qan [ecalled over 11 years ago there were a lot of citizens in Woedburn that had a lot of mixed feelings about t~s development for the reasons of location and that it could portray a bad side of Woodbum and potentially lower property value or even create a higher crime rate. The other side of that was the intense desire to imprQve the property and what had been left there before. He further commented any fears that were initially broUght up have definitely been quelled with the excellent management and care that has been done in the project. Moreover, it is definitely an asset and the whole development has shown a large need and has been a big addition to Woodbum. He certainly welcomes this final phase and thinks it will be an excellent finish to a good program. Motion unanimously carried. Commissioner Bandelow hoped there is some consideration given to putting a nice safe fence around the pond. C. Subdivision 02-0~3, proposal for the conversion of the Woodburn Crest Manufactured Home Park to a 45 Io1~ subdivision located at 2050 Mollala Road (Highway 211), Rick Givens, applicant (Staff ~commends continuance to July 11, 2002). Commissioner Lonergan rpoved to continue Subdivision 02-03 to the July 11, 2002 Planning Commission Mee6'ng. Commissioner youn;I seconded the motion, which unanimously carried. ITEMS FOR ACTION A. Final Order for S~te Plan Review 02-02, 54,125 square foot expansion of the existing WinCo Foods building 19cared at 400 S. Woodland Ave., Quantum Construction Inc., applicant. Commissioner Lonergan moved to accept the Final Order for Site Plan Review 02-02. Motion was seconded by Commissioner Grosiac~ues. Motion unanimously carried. DISCUSSION ITEMS None REPORTS None BUSINESS FROM THE CpMMISSION Vice Chairperson Lima inquired where is the location of the hanging basket funded by the Planning Commission? Commissioner LonerRan responded he does not know at this time but will find out. Commissioner YounR asked if it could be the same location as last year's? Planning Commission Meeting - June 27. 2002 Page 9 of 10 Commissioner Loner.qan answered it could probably be at the same location. Commissioner Mill indicated he had a conversation with Officer Hendricks with the Police Department about the K-Mart situation with the increased graffiti. It is his understanding that the bank and K-Mart claim it is not their problem. He questioned if there has been any progress made as far as finding out who the responsible party is so they can live up to their part of the original Site Plan approval which was to keep and maintain the property? Staff commented he is not aware of this situation and he has not received any complaints as far as Planning and Code Enforcement has not brought it up to his attention. Commissioner BandeloW interjected the Mayor had mentioned the other day that same problem. The Mayor indicated he had spoken to someone at the bank and was told as soon as the building becomes theirs, which should be in a few weeks, they will take care of it. However, they will not do it until it closed in their name. On a different note, she questioned under a normal procedure, once the City Council signs off on the Boones Ferry LID project, how do people know it is a done deal? Deniece Won stated it iS her understanding that the district boundary is formed and the obligation to make payment is set and the bUrden is on the property owners that are within the LID boundary and they have been provided an estimate of what the cost will be. Once the project is completed and the actual costs are known, there will be another hearing to allocate the actual costs according to the formula that was already decided upon. The amounts that were told to the property owners was derived from our engineering's department estimates and there was a consulting engineer involved in doing the design and developing the estimated costs. Ms. Won further remarked it is not a firm figure until the project is completed which is estimated to be by this Fall. Staff interjected he understood the Council has made a commitment that if there was a cost over run, the City would assume that. Deniece Won suggested to talk with Commissioner Bandelow on her questions and make sure we know exactly what the answerS are. Although she did quite a bit of work on the LID, she does not attend the City Council meetings and is unaware of the details about it. Chairperson Cox said although he has not reviewed Woodbum's LID Ordinance under the ones he has dealt and worked with, the Council establishes the district and sets the boundaries. He further commented how the formula apportions the cost to the property owner is still open for debate. ADJOURNMENT Commissioner Grosjacques moved to adjourn the meeting. Vice Chairperson Lima seconded the motion, which unanimously carried. ATTEST J_i~'lV~uider, ' - t Date 7~"'~.2.. C)Or~;~rnunity Development Director C~ of Woodburn, Oregon 8B Planning Commi~sion Meetlng - June 27, 2002 Page 10 of 10 WOODBURN PLANNING COMMISSION July 1t, 2002 CONVENED The Plannir~g Commission met in a regularly scheduled session Chairperson Cox presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Cox P Lima P Young P Grosjacques P Mill P Bandelow P Lonergan P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Deniece Won, Assistant City Attorney at 7:00 p.m. with Chairperson Cox provided an opening statement for Public Hearing. MINUTES i T~-o Woodbum Planning Commission Minutes of June 27, 2002 be ~oded in ~e July 25, 2~2 Planning Comm~sion Paget. i pUSlNESS FROM THE AUDIENCE COMMUNICATIONS ~ ~y Coun~l MinCes of June 10~ 2~2 Vice Chaimerson Lima ~ to Councilor McCallum's statement contained on page 8 of the Council Minutes regarding how the surge of professional soccer team has dealt with the neighborhood in order to alleviate any problems and commented this is a model that he would like to be reciprocated by anyone who uses Legion Park. PUBLIC HEARING A. Subdivision 02-0:~, proposal for the conversion of the Woodbum Crest Manufactured Home park to a 45 lot ;ubdivision located at 2050 Molalla Road (Highway 211), Rick Givens, applicant (contin~/ed from June 27, 2002). Chairperson Cox apologized to those that wanted to show up two weeks ago and were not aware that it had been postponed. He explained the hearing was postponed because of additional research and work that had to be done in order to present some legal issues conceming the subdivision. EX-PARTE CONTACTS Commissioner Young, Commissioner Bandelow and Vice Chairperson Lima reported they drove by the site and got the most recent view of what the site looks like. Staff read the applicable ORS Statement and provided a statement as reflected in the Staff Report. Based on the findings in the report, the information provided by the applicant and the applicable review criteria, Staff recommended denial of the applicant's proposal. Planning Comtnission Meeting - July 11, 2002 Page 1 of 15 Commissioner Younq referred to the Woodbum Fire District comments Exhibit A and pointed out the minimum street radius requirements of 29 ft. inside and 45 ft. outside was not addressed in the Staff Report. Staff stated that was from the original manufactured home park decision because the Woodburn Fire District did not provide comments on the current application. Chairperson Cox questioned if this were approved, do they propose to turn over the water and sewer lines so they would become public sewer lines or will they continue to be private lines and if so, who would maintain them? Staff replied the Public Works Department did not provide comments as to what exact requirements would need to be met in regards to converting them from private to public systems. However, Public Works has stated the way the system is currently set up, they are private lines. Additionally, there is a private street they would not accept as it is now. Staff stated this also applies for sewer and water as they do not meet the City Standard. Staff stated the meter issue has not been resolved as far as Public Works is concerned. Commissioner Bandelow remarked the streets that go through the development are similar to what was done in Tukwila where they utilized decorative brick on the street. She inquired if the streets were put in to support the weight? Staff answered the same applies to the streets as for the infrastructure. He stated the streets are pdvate and therefore, were not inspected by Public Works. Staff indicated he did not believe the streets and the park would meet City Standards for streets. Commissioner Grosiacques asked why are there units in the park that do not have permits to be there? Denlece won interjected this application has a number of complicating circumstances. Some of the mmtfmations may need other kinds of resolutions separate from making this subdivision application. The s{ak~s of the legality of the buikr~g permits and the structures that are located there are separate issues. She stated Staff really does not have answers for the Commission as to how it all came about and whelher it is appropriate and what should be done about that and the City Council may want to deal with that as a separate matter. However, there is criteria and a State Law and the city's Ordinances about whether to subdivide this or not which is a peripheral issue. Commissioner Grosiacques further questioned whether the Commission should look at this application prior to the other issues being so? Deniece Won responded she believed that can be ignored. She added a number of matters like what needs to be done to meet City standards, if it were subdivided, to complywith sewer and water line requirements and street construction standards would most likely become conditions if you were to approve a subdivision but were not approval criteria to make the decision to subdivide or not. Chairperson Cox pointed out aside from our own ordinances, according to the Staff Repod, there are State criteda that were not met to show it was 'lawfully" established. Deniece Won clarified the effective date of this new subdivision law is July 2, 2001. TESTIMONY BY THE APPLICANT Rick Givens, PlanninR Consultant' 8755 SW Citizens Dr., Suite 206, Wilsonville, OR 97070 felt this has become needlessly complex and believed Staff has gone out of their way to perhaps make this a little more difficult than they should. He reported the Legislature adopted the Statute that allows for the conversion of existing legally established mobile home parks to subdivisions. It is their belief this project makes good sense and meets all of the standards required under the Statute. Mr. Givens believed the issue tonight is primarily bad record keeping on the part of the City of Woodburn. The situation is that issuance of permit was granted 8B Planning Commission Meeting - July 11. 2002 Page 2 of 15 back in 1995 for 40 lots and the process of going through the development process it became 45 lots. Although it was subject to much discussion, it was eventually built that way and acknowledged and released by the City of Woodbum. A, dditionally, he indicated the City has been issuing permits on this project since 1998 and there has been no action by the City any time during that process indicating this was not a legally established mobile home Park. He believed it is important to note that on May 20, 1997 the Civil Engineer's construction plans were submitted to the City for review and approval. The fact that it is not reflected in the Staff Report is the fact that!the plans were approved and stamped dated July 21,1997. Moreover, even/thing has been done according tO the approved set of plans and the developer now wishes to subdivide the project enabling people already living there to own the property. Mr. Givens commented this would benefit the City as well as the residents. He also noted if the facts were laying out here, none of the other issues raised by Staff are relevant to this prgPOsal. Those issues only come into play if you do not find that this is not a legally established manufacturedhome park. It was reported by Mr. Givens that all of the facilities within the private portion of this project that are not hooked up to public water and sewer line will be owned and maintained by the Homeowner's Association. Furthermore, the street system was built, although not to full City standards as far as width, but the se(~tion of what was built there is built pretty much to City standards. This request is basically to allow the individual manufactured home owner to own their lot. Mr. Givens emphasized this project is very much something th~at can be and should be approved under the statute and none of the other issues raised by Staff are relevant if in fact the Commission finds this project is a legally established manufactured home park. Rick Givens responded M~ Mr. Jonnings went to the Pt Commissioner Bandelow aSked Mr. Givens if he brought copies of the legal stamped approvals for the 45 lots? · . Jennings has with him a stamped approved set of drawings. However, the lhe issue from jumping from 42 to 45 that was dated 1997. Subsequent to that arming Director at that time, Steve Goeckritz, and discussed changing it from 42 by Mr. Goeckritz that it would be a Staff review and approval. The City records show Ihat Mr. Goeckdtz st bsequently rescinded his stop work order on the project and in fact the record shows that a plan addresse J and permitted for mailboxes on all of the 45 lots. Mr. Givens pointed out the City has issued permits for lot 41 in the developmenL He stated there have bccn 45 spaces out them since 1998 and to come back at this point simply because lhey are b3/ing to do what State Statutes allows lhem to do. It ~eems to them to be kind of an unfortunate thing the City is lrying to do. Commissioner Bandelow ftlrther questioned Mr. Jennings if he has response letters to the letters that came out in ~ 98, May 98, Ju~98 and March 99 that were addressed to Mr. Jennings that refer to this not being an approved park? AdditiOnally, she inquired if he has copies of responses that Mr. Jennings sent to the City? Rick Givens stated Mr. Jennings is a very practical man and his approach to things like that is not to con'aspond but go talk to a person. He met with Mr. Goeckritz face to face and discussed it. Mr. Given's indicated he was not involved in the project at that point in time. Reference was made to Exhibit 'O" of the Staff Report and Mr. Giver~s~ pointed to the bottom of that letter in which it is indicated Ihat the denial was rescinded by SLG on March 22, 1999. He said that was the date Mr. Jennings met with Mr. Goeckritz in person and was told it was a Staff Review to make that adjustment because it all ffi within the density and was way under the density allowed and all of the other manufactured home park standards were met. Chairperson Cox asked Mr. Given's if the only record that Mr. Jennings can point to showing that this was increased to a 45 lot subdivision is a little notation at the bottom of the letter signed by our former Planning Director that says the previOus stop work order had been rescinded? Rick Givens replied the record in the file shows the site plan for 45 units as addressed and the City has been fully aware. Under the State Statute the City is obligated to notify the applicant if in fact there is an issue by July 2, 2001 and the City did not do that. Moreover, permits have been issued by the City since 1999 and the City has not had any problems in issuing permits and approving occupancy permits for the units out there. 8B Planning Commission Meeting - July 11. 2002 Page 3 of 15 Chairperson Cox interjected the issue would have arisen when you approached lots 40, 42 or 45 not when you were doing the 9"~ or 10~h one. Rick Givens commented that is certainly one way you could look at it. However, the more correct way is that the setup permit on Lot 45 would be a pretty good tip off that there are 45 units out there. He reiterated the City has known all along that there were 45 spaces out there and never did anything that would go towards saying that Mr. Ooeckritz, was not approving 45 units. The approved stamped set of drawings shows 42 spaces. Chairperson Cox clarified of those 42 spaces, two of them were to be designed as tot lots. Rick Givens said this set o~ drawings does not even show tot lots and it wasn't until they got to 45 lots that they started talkin9 about tot Idts. Chairperson Cox thought that was part of the Planning Commission's and City Council's condition of the original approval. Rick Givens did not recall off hand but he knows the approved set of drawings does not show that. He clarified they have no objection of putting those back in if that is what the Plannin9 Commission wishes. Additionally, Mr. Givens remarked the City does not have very good records and his client does not have correspondence which is an unfortunate thing. However, his client talked directly to the Planning Director and everyone who is familiar with the case is no longer in the City's employ and now he is being asked to recreate a record that does not exist. He closed by saying at no point in the history of this project has the City said or anything issued indicating they do not have a valid land use approval for this project. .Vk:e Chairperson Lima asked Mr. Givens if Jeny Jennings is in any way related to the Woodbum City Mayor Dick Jennings? Rick Givens replied not that they know off. .Vk:e CAtairperson Lima inquired if Mr. Jennings only approach as a business man after receiving letters indicating them is noncompliance was to come and talk to someone and not have anything in writing? · ,Jeff Bachrach, 1727 NW Hoyt, Portland, OR introduced himself as an attorney t~ing to assist Mr. Jennings and Mr. Givens. He believed a piece of paper that resolves this issue one way or another will never be found. Additionally, he quoted Mr, Jennings' testimony that 'he went to the Planning Director, there were a number of changes to the plat as they went through the engineering design and it was increased to 45, as the City was well aware of as indicated in the correspondence. Mr. Jennings then asked the Planning Director if he needed to apply to change it to 45 and the Planning Director told him No, that was a Staff level decision and I would approve it, so it's approved, it's not a big deal, you can go to 45: Mr. Bachrach further stated Mr. Jennings relied on that verbal assurance and went out and built 45 lots which were then approved by the City and County with permits issued. Moreover, nobody in that conversation, over 4 years ago, ever approached Mr. Jennings requesting a piece of paper allowing 45 units. Now 4 years later he is being asked to produce a piece of paper that perhaps he should have thought to get 4 years ago but the City did not provide him one and he has been paying fees for 45 lots ever since. Mr. Bachrach pointed out Mr. Jennings has a receipt showing he paid fees to site each and every one of those units which is evidence that sometimes when you go back in history, you do not always find the paperwork. The only issue here is whether the conversion from a park to a subdivision is changing anything which it is not. All that will occur is the same 45 lots and infrastructure will simply pass from Mr. Jennings' ownership to the ownership of the 45 individuals who end up buying these lots. One of the purposes of the Statute is 'to ensure that local jurisdictions do not place unreasonable constraints on conversion of an existing park into a subdivision'. Most importantly it states "a park is in compliance if the governing body of the City has not issued a written notice of noncompliance by July 2, 2001.' Mr. Bachrach further reported Mr. Jennings does not have to prove anything. Although they believe they could make a case and ultimately 8B Planning Commission Meeting - July 11, 2002 Page 4 of 15 persuade a judge, if that is the route they have to take, that what happened in 1998 constitutes approval when the Statute does not require them to do that. He remarked although he realizes there is a confusion about record keeping it is unfair 0f the City to dredge up 4 year old incomplete files and put the burden back on Mr. Jennings requesting proofs. Additionally, he questioned why did the City wait until now if they did not approve it and had an objection? Commissioner Mill commented the City is stating in the Staff Report that the subdivision was not legally established prior to July 2i 2001 and asked Mr. Bachrach if he is saying that is essentially a moot point? Jeff Bachrach replied hel believed they can factually make the case from a legal and common sense standpoint that it was appr~)ved but the Statute does not force them to do that because the City failed to notify them in time. ; Commissioner Mill questioned if he had any evidence to support his legal interpretation at this point in time? Jeff Bachrach answered he has the Statutes. He stated the language is clear and the Statute has a safe harbor. Chairpereon Cox remarke ] it is his understanding there are certain State and City requirements to be met in order for a mobile home i~ irk to be lawfully established. He asked Mr. Bachrech if he is suggesting that by failing to.give a notice by a magic date, that the City can somehow stop the State of Oregon from enforcing it's own Statutes about wh at is required to make a lawfully established mobile home park? ,)eft Bachrech reported the process a manufactured is supposed to follew. Mr.I bounds of the Statute, to State does not direcay enforce the Statutes but it tells the City how to appreve and ~k. He indicated Ihey are not truly a State law but a process requirement the City ~achrach further added the City has no authority or jurisdiction to say, outside the Chairpemon Cox provided; his Ihe(xy in Ihat the series of letters in the case file stating noncompliance would Jeff Bachrach conduded Ihe City did give this verbal approval because how else would Mr. Jennings have built 45 and gotten away ~ it for 4 years if it had no~ received the necessary approvals. Vlce Chairperson Lima aSked Staff if the Planning Director can override a plan that has already been approved by the Planning Commission and City Council and authorize amendments without coming to the Commission or Council? ' Deniece won clarif~l the Planning Director does not have authority to substitute his judgement after the Commission has exercised their authority nor approve a different thing the Commission approved. She explained there is a concept called substantial compliance i.e., the boundaries of the lots changed somewhat so there were still the same number of lots but it had a little different configuration and the result was it affected the configurefion Of this lot. Ms. Won further reported that was a judgement the Director could have made that was in the area of substantial compliance with the decision the Commission had made. There is no evidence at this point in the record that the Director made a decision that you could have a 45 mobile unit mobile home park when the Commission approved 40 and that would be the maximum number of units that could go in that mobile home park. She explained the complexities regarding mobile home parks versus subdivisions are that there Is no requirement that you carve out lets for mobile home parks. The approval was based on density and the precise location of where those mobile homes are going to go are not legally required to be tied down precisely and the little pieces of land do not need to be surveyed. Ms. Won indicated his recision comment on his note talks about site and structures and did not address the park development itself. Furthermore, the first prevision in the ORS 92.830 that talks about the lawfully established mobile home park is one prevision that ~leals with all applicable laws for establishing a mobile home park. The second provision in ORS 92.835 ~IA that addresses the park being in compliance with the City's standards for Planning Commission Meeting - July 11, 2002 Page 5 of 15 8B manufactured dwelling parks and if you did not give notice, you are deemed to be in compliance. Additionally, she stated Staff is accepting that it is deemed to be in compliance because we did not give them notice. However, the argument of the City is that the park was not lawfully established under the first provision considering all laws that have to be complied with to have a lawfully established manufactured dwelling park. Rick Givens stated Ms. Won is correct in that there is no plat to record at the County Surveyor's Office and there are no individual stakes in the ground for each individual mobile home park space. However, each space is numbered 1 through 45 on the plans submitted in the record. Commissioner Bandelow pointed out there might be 45 spaces but only be approved for 40 manufactured home locations. Chairperson Cox questioned if that plan is part of the record in this hearing? If not, it should be. Staff responded it is not in the record at this point unless the applicant puts it into the record. Chairperson Cox remarked he understands the applicant's position. However, they have to understand that the Planning Commission lis just that and are not a court, judges or hearing officers in the traditional sense of solving factual disputesi He remarked the applicant, in effect, is asking them to overrule a legal opinion by Staff which seems to him an awfully big hurdle to ask the Commission to take to disagree with their own legal counsel. ~Rick Givens sympathized with the Commission. However, he said Staff has set them up in a quasi-judicial process and they are asked to judge the record. He further remarked the Commission needs to take note of the fact that the City has been operating on the basis of full knowledge of the fact that there are 45 spaces out there and has nothing to say they need to modify their permit. Chairperson Cox explained whatever decision is reached tonight will only be a recommendation to the City Council. At this point, Mr. Givens is telling the Commission things that are in the record that is not before the Commission. Rick Givens interjected they wish to have the addressing map included in the record. ID~3nlece Won replied there would be no problem with that. She explained there are two files that relate to this application, one maintained by the Building Off. al. Once the Planning Commission has made the decision on the Conditional Use Permit for the mobile home park, then more detailed drawings of the engineering of the park are developed and reviewed by the Building Official. This is the point Staff maintains they did not reach fruition to a final approval and that file is located in the Building Off~al's office and maintained by him. Furthermore, the addressing map is in that file. V'me Chairperson Lima referred to Exhibit "N" and pointed out Mr. Givens stated they had approved plans as of July 1997. However, the memo from the Building Official to the Planning Director is dated March 18, 1999 and contained handwritten letters from Mr. Goeckritz stating the Planning Commission approved 40 sites and any modification to that number will require Commission acknowledgment and that it is ok to issue 40 permits for Woodbum Crest Manufactured Dwelling Park. Rick Givens responded he could not fully reconcile that he wrote that there versus the fact that he subsequently met with his client and told him it would be Staff's review. Jeff Bachrach interjected that was a memo from the contract engineer to the Planning Director apparently unaware that the Planning Director on March 22'~ had rescinded the earlier denial. He pointed out, as they have said all along, the paper trail is diff'mult to track. 8B Planning Commission Meeting - July 11, 2002 Page 6 of 15 ' , 8B Vice Chairperson Lima argued "Exhibit N" clearly notes any modifications to that number will require Planning Commission Acknowledgment. Jeff Bachrach reiterated there was a meeting after March 18 in which the Director said he could and would approve it and that was tl~e point of his March 22'~ notation. He also remarked he could tell the confusion serves the purpose that Siaff wanted to by saying there is a confusing record. Obviously the inference being drawn is somehow his client built 45 units and for 4 years got away with it. He thought that is an unfair inference. Mr. Bachrach inquired if this is not going to be an open record for the City Council? Deniece Won responded it is a de novo hearing and therefore, the record will be open. Jeff Bachrach pointed out there is an incomplete record as the Building Officials file is not here tonight. He s--~'(~d they will do their best to fill in the gaps in the record and will work with the City to make sure this entire other file goes before ~he City Council and requested the Commission consider making a non- recommendation to the C!ty Council because of the complexity of the legal issues and because there is an incomplete record here toaight and allow them to at least to go to City Council with a full record and a neutral stance to begin explaining this very confusing situation. Chairperson Cox interjected the State Statute, not City ordinance, requires it to go before the City Council. In other matters where the City ordinance requires them to hear it first and then the Council hears it later, such as Re-zoning and Comprehensive Plan Amendments, the Commission has a duty to make a recommendation. Jeff Bachrach requested the Commission include the notation Ihat the Building file was not the point in the recommendation they make. Rick Givens referred to the C, ity Zoning Map on the wall and pointed out the portion of the project that was changed to increase the density to 45 lots is shown exactly as it is shown on this plan. TESTIMONY BY PROPONENTS R(xmr ~, 1670 Orepite St., Woodbum, OR 97071 reported his house is the one with Ihe beautiful porches and has been there since 2000. He quesflonedwhere do the residents stand now that they have Invested in this property end wanted to know whether he will have to tear Ihe homes down and move it ~ it can not be approved? ^~ditionally, he remarked these homes are not a mobile home but a ma'aJfac~red house. Chairperson Cox stated the simple answer to Mr. Oebring's question is if the application is denied he will be exactly where he is today. Frank Wilson, Stayton Coqstmction, 41155 Scio Dr., Stayton, OR 97383 reported you can not obtain a permit from the City of Woodburn if it is not approved from the various departments. He further explained Under a usual scenario the number on the plat would be considered a space number and not a lot number because it is a manufactured home park. Commissioner Bandelow questioned whether the City would not take over the responsibility for the sewer, water or streets if this were approved as proposed and it would remain as it is today? And if so, what they are really doing with this is establishing a Planned Unit Development? Staff responded affirmatively. Commissioner Bandelow said her impression was that this was being approved as a subdivision. In which case, the streets and water system would become City streets and the City would be responsible. Planning Commission Meetittg - July 11. 2002 Page 7 of 15 Deniece Won interjected a PUD has no beadng on this. The new law states if you have a lawfully established manufactured dwelling park and the City has not given notice that it does not comply with the City's regulations and you are not making one of those four changes, then the developer gets to subdivide it and the City may not apply any of it's subdivision regulations to that decision. Furthermore, the Homeowner's Association would be allowed to be a partI of the new subdivision because this law incorporates all of the State Laws and subdivisions with the exception of two very specific sections. The part that it leaves standing cross references the Homeowner's AssoCiation provisions in another Statute. She believed they could have a Homeowner's Association to deal with the common area and the City could require them to have one. Additionally, looking at the law and following Staff's analysis to a denial, it is not necessary to know what standards apply to this subdivision that it needs to fulfill with respect to the sewer, water and street standards. Ms. Won further explained the law we ca~ not apply is worded as ~ordinances adopted pursuant to particular sections in the subdivision law". Most of our regulations that deal with infrastructure and most other standards are not adopted pursuant to those particular sections. Therefore, it is very arguable that virtually all of our standards would apply here including all the standard infrastructure standards. Moreover, that analysis was not included in the Staff Report in an effort to try to keep things somewhat simple for the Commission. Frank Wilson commented Ms. Won just made his point in that he is confused as the Commission should be confused. He stated it is e PUD subdivision and the City will not be responsible for the streets, curbs or water. .Chairperson Cox asked Mr. Wilson what his relationship is to the project? Frank Wilson replied he has no relationship to the project and meet Mr. Jennings about an hour ago because he had some questions and he wanted him to come down. .Cece Mosher, 2002 Cresfline St., Woodbum, OR 97071 stated she just recently purchased a home in Woodbum Crest with the understanding that she was going to be able to buy the property. She questioned how could she rent a space that in the City's recommendation is illegal? Ms. Mosher reported she knows permits have been purchased for the homes already in the park because in addition to owning a manufactured home, she also sells them and has been doing so in Woodbum for the last nine years. She explained truck drivers can not pick up homes and deliver them without a Placement permit. Furthermore, she questioned what has the City done with the fees that have been paid for? Ms. Mosher expressed her distrese about Ibis situation and can not believe Ihat the City would Iff to override the State Statutes. It was pointed out by Ms. Mosher that Mr. Jennings is not trying to change anything but affempfing to bring more taxes into Woodbum. Anoie Hill, 1526 Granite St., Woodbum, OR 97071 also purchased a home approximately 4 months ago with the full intention and understanding that she would be able to purchase the property. She expressed her frustration and confusion over this whole issue. Ms. Hill further added she just got out of a situation where she was renting for 13 years and stated she no longer wishes to be a renter and wants to purchase the land. She hoped some kind of resolution can be reached in which everyone is a winner. .Anthony Howe, 1621 Granite St., Woodbum, OR 97071 has been living at Woodbum Crest, Space 40 for 3 years now and purchased the home with the full intention of trying to buy the property. He indicated his next door neighbor, who just purchased a home, informed him that he will not be able to live there if he can not purchase the home. Furthermore, Mr. Howe stated he paid $983 for property taxes last year, pays a water bill and has made all of his improvements. He also pointed out there are two play areas already installed in the park. Jerry Jennin,qs, PO Box 32, Clackamas, OR 97015 clarified he informed Staff during the utilities meeting that there would be absolutely no problem in forming the Homeowners Association for the entire public area which would be the common areas, streets and would include all the maintenance on the streets, storm and water and he would file CC&R's for the development of the subdivision lots and the City would not be required to spend any money to maintain any of the streets or utilities within the streets. 8B Planning Commission Meeting - July 11. 2002 Page 8 of 15 Kelly Rhodes, 1573 Granite St., Woodburn, OR 97071 repoded her home is on lot 45. She indicated she does not have a problem with making it 40 lots and allowing her more land because she would like to purchase more. She agreed with MS. Hill's testimony and wanted to find out what will happen with her property. Ms. Rhodes also concurred w!th Mr. Howe in that there are two tot lots one of which is right next to her home. Commissioner Mill inquired when did Ms. Rhodes move in and purchased permits? Kelly Rhodes responded her concrete was poured August 13. 1999 and she has been living in the home 3 years effective September 1~. Commissioner Grosjacqu~s noted all the lots are issued an address and wondered if the City assigns the addresses? Chairperson Cox replied the City assigns the street numbers. Kelly Rhodes interjected sl~e requested her contractor, Dave Hixon change the layout of her property and they had to meet certain guidelines and theywere able to change the location of her home. She explained she had to obtain permission and s~ubmit a plan to change that. Bart Hedrick, 1519 Granit~ like to purchase the land ! contractOr and testified it i something different, it is b~ TESTIMONY BY OPPON None St., Woodbum, OR 97071 said he would like this request approved as he would ~ecause it would be a great benefit in his life. He indicated he is also a general diff'mult to get permits approved that are not in the City records and if there is ought up dght then and there that the records do not match. -'NTS we have to follow that law. accept an applicants idea c home park. Chairperson ( was not complete, he felt ti City Council. He also th(: before this application was~ DISCUSSION Chairperson Cox closed the public headng and opened for discussion by the Commission. He remarked the City clearly does not have lbtally clean hands in this matter. There were administrative oversights and things that did no~ occur that sho~uld have. He further commented he is sure everyone is truly sorry about that. However, that happened on somebody else's watch and perhaps we can separate our own personal responsibility from thaL Chairperson Cox presumed we have to take into account, by other people, va~at happened in previous fime~ ;. He commented this is one oflhe weirdest Statutes lhat the Legislature adopted that he has ever seen. Ad{ litionally, he remarked it appears to him to be a do-gooder Statute with some faidy decent Ideas behind it that~ ~as not at all thought through. Whether we like the law or not, it is State Law and However, it does not mean that we have to like it nor that we have to necessarily fwhat that law means or amounts to legally establishing a manufactured or mobile :ox also noted it is a legal issue. Furthermore, he indicated although the record ~e Commission knows enough about the request to make a recommendation to ught is was strange the residents were promised they could buy the properties ;ver submitted. However, that is between the sellers, buyers and park owners and it is not the Commission's, oncem. He concluded in saying nobody is blameless in this situation. He further noted he is not willing to o~'errule a clear recommendation by City Legal and Planning Staff and he ~hought he would vote to recomme, ld denial to the City Council. Vice Chairperson Lima noted the recommendation to City Council is by no means final. He discredited the implication made that the City is simply not allowing the tax dollars from this project to come in. He pointed OUt several inconsistencies by not only the City, but the applicant as well that is enough to push him to agree with City Staff and vote No'on the request. Commissioner Bandelow concurred with Chairperson Cox and Chairperson Lima in that there is fault on both sides all the way down the line. However, if we are trying to reach a resolution that serves the best for the City and the residents that live there, at this point, she is not convinced that denial is the way to go. She referred Planning Commission Meeting - July 11. 2002 Page 9 of 15 to Attachment A-Public Works comments and commented she found the comments to be a bit misleading as far as the Staff Report goes because it does imply that the City does not want to take this over because they feel these items do riot meet City Standards. Commissioner Bandelowwondered if this should be looked at as the end result. She did not see what would be served by turning this down when there are people willing to buy their lots and perhaps Mr. Jennings would be able to fill these lots quicker if the people were able to buy their lot and home. She sees the applicant has not been able to show that he has approvals, there are letters and memos from inspectors and inspections that things were not done. On the other hand, she does not see a clear letter from the City to the applicant telling him what he needs to do on the other side of this. In conclusion, she indica!ed she does not understand what the City would gain by turning this down except to make a point. Commissioner Mill agreed with Chairperson Cox and Vice Chairperson Lima about the legal arguments involved. He pointed out permits were issued, fees paid and many opportunities for the City to address this a lot sooner than now. Additionally, he stated we tend to forget that we have people involved when we get caught up in legal arguments. However, he is not comfortable with the record on both sides and the City's argument that this park is illegal. He also concurred with Commissioner Bandelow in that thero will not be any harm involved in approving the request but he would like to see some type of modification from 45 to 40 lots. He concluded in saying he is tempted to recommend approval unless he could find a good reason for denial. Commissioner Loner.qan commented he is very much in favor of private ownership of lots and thinks it would be great for the City of Weodbum and pride of ownership would be fantastic for this development. He stated he would be very much ini favor of this project if he were looking at a 40 lot development. However, this has been presented to him aS a 45 lot development and there is a problem with whether that is legal or illegal. Commissioner Lonergan further remarked he would like that taken care of before he could approve the home ownership. Commissioner Grosjacqqes indicated the homes are there and somebody knew they were there.. He disagreed with Staff and Would like to see Itm problem of 40 and 45, lot taken cam of. However, as far as lhat being a legal manufactured home park, somebody should have done something about it a long time ago Commissioner Young voiced concems with lhe substantial conformance for the project to be changed. It was his opinion that approximately 300 fL distance between lot 40 and 45 is a substanaal change rather than just something within substanlial conformity to allow that many more lots. He stated it seems when Ihe Planning Commission makes a derision, that normally stands and Ibis is the first one that he knows of that has been confused in this manner. Secondly, he questioned the July 2, 2001 date that they had to base some of these decisions on what was applicable. He remarked he greatly appreciates when people from the community come out to speak to the Commission individually on the podium because he obtains the view of people that are actually living there. Commissioner Young also expressed concerns regarding the legalities of the project but he is not sure exactly how he will to vote because it is in his heart that these people want to own their own land, which is a great dream. Chairperson Cox explained the Commission is not in a position to figure out what conditions them ought to be. Therefore, if this were to be approved and since it is only a recommendation to Council, it would need to be understood that the conditions that will be eventually approved will have to be worked out before final approval by the City Council. Commissioner Mill questioned if as part of that direct Staff to come back not only with findings but to return with the appropriate recommendations in those areas? Staff responded he did notthink Staff could return at the next meeting with that information. Staff would need input from Public Works and discussions with the applicant again to discuss the issues as far as how to address approval. 8B Planning Commission Meeting - July 11, 2002 Page 10 of 15 8B Chairperson Cox pointed out there is a 120-day deadline that applies to this case and expires September 18th. Therefore, whatever the Commission and City Council does has to be approved by September 18"~ unless the applicant himself waives that. Jeff Bachrach interjected they would be happy to work with Staff to come up with proposed conditions that could then be forwarded ~ City Council. Chairperson Cox felt tha~ considering it would involve Planning and Public Works he believed there isn't sufficient time to get all those conditions worked out and agreed upon in time to present them to the Council and for the Council to act by September 18th. Vice Chairperson Lima remarked the Commission has been asked, at this point, to completely modify this application and he is not s~ure that could be done. Furthermore, there are a lot of social issues involved. He also commented upon joining the Planning Commission he was told to look at the facts. Vice Chairperson Lima indicated we have an application and he is unsure the Commission can make recommendations that will substantially change this application unless there is a new application. Commissioner Bandelow ~tated for all intent and purposes whether or not it was legally approved, there is a 45 lot manufactured home subdivision out there. You can go back 5 years with this and find mistakes all over the place but it does 0or change the fact that this exists and permits were issued. She thought we have a de facto subdivision because it exists and because the City did not provide a letter addressed to the owner of this manufactured hon~e park specifically stating that it is a specific denial and that they are not in compliance and that thes~are the things they need to do. Commissioner Bandelow also remarked although she has no degree in law, ishe felt it would seem that we would solve a lot of problems by simply approving this rather than leaving oumelves opened to have the record examined on both sides and get into a big legal battle. This will not change the fact that we have nine home residents out there that want to purchase their lot. Commissioner Grosjacqu~ moved to recommend to the City Council that they approve Subdivision 02-03. Commissioner Bandelow Seconded the motion. Motion failed 3 to 4. Commissioners YounR, Loneroan, V'me C.d'mirperson Uma and Cl~irperson Cox voted No. Vice Chairperson Lima moved to recommend to City Council denial of Subdivision 02-03 and request Staff return with facts and findings and that the Building file be added to the record. Motion was seconded by Commissioner Lonergan, Which carried with Commissioners Bandelow, Mill and Grosiacques voting No. 5 MINUTE BREAK B. Planned Unit Development 02-01, Conditional Use 02-02 and Variance 02-02, proposal for the modification of Planned Unit Development (PUD) Case File No. 92-01, known as 'Miller Farm", to allow for 16 Iols in Phase II, located north of Highway 214, south of Tukwila Drive, West of Miller Farm Roa(~ and east of Boones Ferry Road, Michael Finkelstein, applicant. EX-PA, RTE CONTACTS Commissioner Bandelow reported she is acquainted with the property owner, Mr. Vanderwey and sold him a lot in Henry's Farm that he has built a home on. Additionally, she is acquainted with the Realtor of record for this property, Mr. Dave Christoff and is also acquainted with the builder, Steve Joy who lives in her neighborhood. However, she has no conflicts with that regard and has no financial interest with this project whatsoever. Vloe Chairperson Lima stated he is familiar with the site. Commissioner Lonergan divulged he is very familiar with Dave Chdstoff and his mother-in-law lives in the area of the proposed project. Planning Commission Meeting - July 11, 2002 Page 11 of 15 8B Commissioner Grosiacques also disclosed he is familiar with the property as he used to own a house across the street from it and Dave Christoff is presently a tenant of his. However, this will not influence his decision. Commissioner Young added as a member of the community he is familiar with the area and also several of the other people that are involved but thought this will not have any bearing on him being biased or not. Chairperson Cox interjected he too is familiar with most of the persons involved in the proposal. Commissioner Mill is familiar with the area but has no connection to it. The applicable ORS Statement was read by Staff and a presentation was provided as reflected in the Staff Report. Staff recommended approval of the project based on the findings in the Staff Report, the information provided by the applicant and the applicable review criteria subject to the conditions of approval that were included in the Staff Report. Commissioner Mill requested clarification regarding the area with a zero lot line adjustment. Staff clarified she believed Commissioner Mill was referring to the accessory structure set back to the side property line. She clarified that dealt with a shared detached driveway and they were asking that they have a common wall and the applicant indicated they would include the fire wall that is required for safety reasons. Commissioner Lonergan also requested clarification about the letter the Commission received of utilization of the street tree plan. Staff explained there was a condition of approval that the Community Development Director will review and approve the street tree plan and in talking with the Director that does not seem to be a problem. She indicated it seemed that would make sense to maintain the same type of tree along Miller Farm Road. Commissioner Young pointed out the plan received June 7~ is a little bit different design than the one from May 24th. .Staff explained the applicant submitted many preliminary plans and the June 7a plan is the absolute last final plan. She reported there Were some changes in the final plan to address neighbors across the street. Chairperson Cox made reference to page 11 and page 32 of the Staff Report that pertains to the black walnut tree and the brick wall along Boones Ferry as well as page 32 of the Staff Report. He assumed the tree will have to be removed since, it seems to be dght on the line of the existing brick wall. .Staff conveyed they discussed perhaps doing a fence that jogs around the tree. Chairperson Cox hoped so as the tree is a beautiful specimen which must be 80 or 90 years. Additionally, he hoped the applicant make the wall consistent with what is already there rather than having a cedar fence in the middle of it. Staff interjected the reason the condition was written to fence the gap in the wall was wanting to maintain maximum flexibility for Staff to leave the options open. However, the Commission certainly can make the condition specific. Chairperson Cox commented he really has difficulty understanding the discussion about the indoor recreation area requirements. He asked if the indoor recreation requirement was already met in connection to the previous application and are they being asked to change something? Staff responded just increasing the size did not make a difference and everything was kept the same. Therefore, the Indoor and outdoor analysis was the same as the other report. Planning Commission Meeting..luly 11. 2002 Page 12 of 15 Chairperson Cox suggested that the annexation of Phase II to Phase I should be a condition of approval so that the homeowner's in Phase II will have an interest in and use of the common properties, i.e. pool, picnic area, trails, etc. Staff indicated that certainly makes sense. Chairperson Cox further questioned what is the purpose of condition of approval #5 found on page 32 of the Staff Report that requires the applicant submit copies of the Homeowner's Rules and Regulations for Staff review? He commented there isn't anything in there that indicates we have a right to approve or disapprove them but why do we have~n interest in that? Chairperson Cox remarked if we do really need to see them, then we should also have !the right to approve them. Staff explained that shouk TESTIMONY BY APPLIC Mike Finkelstein, 304 Adal said the Commission migF across the street objected had an idea for a fence that comments were inaudible say CC&R's. ~NT ns Ave., Silverton, OR 97381 stated he is the planning and building designer. He t have an eadier print where four houses had common driveways. The residents :o looking down to the ddveway and he modified it. Mr. Finkelstein commented he would cantilever the section of the tree. (The remaining portion of Mr. Finkelsten's TESTIMONY BY PROPOI Norma Blomber¢h 2571 I-k the property. She stated community site for gathe expressed her feelings of ¢ to hear that the Commissi did not feel that tree is as about it. ~IENTS ~ron Dr., Woodbum, OR 97071 spoke on behalf of the other walnut tree that is on the tree is beautiful and provides natural shade. Furthermore, it could be a ings, enhancement to the neighborhood and inspirational. Additionally, she aring for what is natural and thought that tree should also stay. She was gratified ~ are in favor of protecting the tree that is on Boones Ferry Road. However, she eautiful as the one that is already on the lot. She asked the Commission to think TESTIMONY BY OPPONENTS None APPLICANT REBUTTAL Mike Finkelstein stated it Would be a stretch to try to accommodate that tree the way it is laid out. Chairperson Cox questioned what is the approximate trunk diameter of the tree? Mike Finkelstein replied about 2 % to 3 feet. Vice Chairperson Lima inquired how much the loss of one lot and house would be? Mike Finkelsten (response was inaudible). Commissioner Bandelow rioted it would be a completely new application then. Commissioner Grosjacqu~s remarked all the residents of this project will have access to the Goose Creek exercise path. Additionallyi he pointed out Miller Farm has left the large oak tree that is down by Goose Creek where there is a bridge and a picnic table. He stated it has been provided for the convenience of the people to enjoy and get shade from. DISCUSSION Chairperson Cox closed the public headng and opened to discussion by the Commission. 8B Planning Commission Meeting - July 11. 2002 Page 13 of 15 Commissioner Younq complimented Mr. Finkelstein on the list of modifications that kind of bring us forward from 1992 to today. It iS nice to see that Mr. Finkelstein is on the increasing side rather than chopping them up a little bi/smaller so that you can maybe squeeze one more in there. Additionally, he stated he is normally not in favor of a Vadance because the Commission views Variances very seriously. He indicated he was very pleased with the driveway design. Commissioner Bandelow remarked it is nice to see a project come before the Commission that is overall an improvement over what:was approved before. She thought the design is excellent and sees no reason not to approve it. Commissioner Mill moved to approve Planned Unit Development 02-01 modification of Miller Farms, Conditional Use 02-02 and Variance 02-02 with modification of Condition #5 found on page 32 to read CC&R's rather than Homeowner's Association Rules and Regulations, add a condition that the Annexation of Phase II into the existing Phase be completed before time of issuance of the first building permits and subject to the conditions in the Staff Report and directed Staff to return with findings and proposed final order for the next regularly scheduled meeting. Additionally, it was entered into the record that the details of the fence protecting the tree and the tree type be left at Staffs discretion. Commissioner Grosiacques seconded the motion, which unanimously carried. ITEMS FOR ACTION A. Final Order for Comprehensive Plan Map Amendment 01-03 and Zone Change 01-07, request for a Comprehensive Plan Map Amendment change from Low Density Residential to High Density ResideNtial and a Zone Change from RS (Sinc~le Family Residential District) to RM {Multiple Family Residential District) on property located at 373 Gatch St., Tim Doman, applicant. Commissioner LonerRa0 moved to accept the Final Order presented as Comprehensive Plan Map Amendment 01-03 and Zone Change 01-07. Chairperson Cox interjected a suggestion to add "without a Site Plan it is impossible to determine what steps, if any, might be taken to decrease the density in the newly created High Density land that would be adjacent to the neighboring Low Density land. Regardless of what measures might be taken to provide buffering bebyeen e High Density and a Low Density there is always an inherent strong possibility of bad effects at the boundary line between High Density and Low Density and if we move the boundary as requested by the applicant, this would impose those effects on neighboring Low Density land that is now not subject to that burden and the applicant has therefore, not demonstrated compliance with the requirements of Section A-lO of the Residential Land Development Policies." Commissioner Loner.qan amended his previous motion to include Chairperson Cox's comments. Motion was seconded by Vice Chairperson Lima. Motion unanimously carried. Commissioner Mill commented that is an important distinction to make and perhaps we should look at that as a guideline for future applications of this type. B._.=. Final Order for Site Plan Review 02-05, 8,600 square foot multi-purpose education facility at the Nuevo Amanecer multi-family housing complex located at 1274 Fifth St., Farmworker Housino Development Corporation, applicant. Commissioner Lonertqan moved to approve the order as presented. Motion was seconded by Vice Chairperson Lima, which unanimously carried. DISCUSSION ITEMS None 8B Planning Commission Meeting - July 11. 2002 Page 14 of 15 REPORTS None A. Building Activity for June 2002 B_~. Planning Project Tracking Sheet (revised 7-2-02) BUSINESS FROM THE (~OMMISSlON Commissioner Lonerqan asked what cases will be coming before the Commission? Staff indicated there are no public hearings for the next meeting and there will be two final orders. ADJOURNMENT Commissioner Lonerqan moved to adjourn the meeting which was seconded and carried. Meeting adjourned at 10:15 pm. 8B APPROVED (~oml~ul~it~ Development Director City (~/oodburn. Oregon Date Planning Commission Meeting - July 11o 2002 Pago 15 of 15 CITY OF WOODBURN Community Development 270 Montgomery Street Woodbum, Oregon 97071 8(: MEMORANDUM (503) 982-5250 Date: To: From: Subject: August 1,2002 Jim Mulder, Community Development Director Building Division Building Activity for July 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 5 $628,383 8 $1,119,883 ~11 $1,343,804 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 2 $20,000 11 $499,129 2 $34,000 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 0 $0 11 $1,588,816 Signs, Fences, Driveways 0 $0 I $159,000 5 $73,610 Manufactured Homes I $33,850 I $50.000 I $12,000 TOTALS 8 $682,233 21 $1,828,012 30 $3,052,230 Fiscal Year (July 1- June 30) to Date $682,233 $1,828,012 $3,052,230 H:~Community Developrnent~Bldg~Building AcfivitCBIdgAct-2002V~--tivity-July 2002.wpd 8D 8D A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 CHECK NO 60366 60367 60368 60369 60370 60371 60372 60373 60374 60375 60376 60377 60378 60379 60382 60383 60387 60392 60393 60395 60397 60398 60399 6O4O1 60402 60403 60404 6O405 60406 6O407 60408 60409 60410 60411 60412 60413 DEPARTMENT POSTAGE-VARIOUS PAYROLL-VARIOUS SERVICES-WATER PAYROLL-VARIOUS PETTY CASH-VARI 0 U S SERVI CES-WATER VOID VOID VOID REFUND-BUILDING REFUND-PARKS SERVICES-POLICE SERVICES-WWTP' SERVICES-ENG SERVICES-VARIOUS SERVICES-MAINTi SUPPLIES-ADMIN SERVICES-POLICE SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-WWTP SERVICES-FINANCE SERVICES.ADMIN! SERVICES-POMCE SERVICES-MAINT SERVICES-COURT SERVICES-POLICE SERVICES-WWTP SUPPLIES-WATER SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-WWTP SUPPLIES-PUB WKS SUPPLIES-WWTP SERVI CES-WWTP SUPPLIES-WWTP SUPPLIES-LIBRARY SERVICES-WATER SERVICES-MAINT SERVICES-NON DEPT SERVICES-POLICE SERVICES-PUB WKS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-WWTP SERVICES-MAINT SERVICES-MAINT SERVICES-PUB WKS VENDOR NAME US POSTAL SERVICE PRES AWWA NW OREGON EBS TRUST CITY OF WOODBURN VALLEY MAI LING VOID VOID VOID KOHL INC RAUL DAZA EUGENE HILTON OR MAINTENANCE CERT AEROTEK INC ARCH WIRELESS ARTISTIC SIGN AWARDS & ATHLETICS BM CLEANING SERV BIMART CORP BLUMENTHAL UNIFORM BROWN & CALDWELL CANBY TELEPHONE CARPET WAREHOUSE CASE AUTOMOTIVE COASTWI DE LAB MARGOT COMLEY COMPAQ FINANCIAL COMPUTATIONAL SYS CONSOLIDATED SUPPLY CTL CORP ESCHELON TELECOM FISCHER MILL SUPPLY FRYS ELECTRONICS WW GRAINGER HIRE CALLING IND WELDING INGRAM DIST VENDOR NO 020089 014424 000663 060020 015255 021044 VOID VOID VOID NONE NONE NONE NONE 000080 000535 000540 000580 001030 001275 001310 001573 002062 002175 002190 002626 002686 002724 002740 002770 002926 004264 005120 005405 006283 007240 O081OO 008116 KENNEDY JENKS CONSUL 01O057 KENTEC HEATING LOCAL GOVT PERS'L M&M AUTO WRECKING MARION CTY CLERK MASONS SUPPLY METROFUELI NG MOLALLA COMM MUFFLERS HITCHES NEXTEL COMM NW GEOTECH O10060 011300 012003 012087 012292 012448 012563 012655 013188 013287 DATE 6/1/02 6/3/02 6/4/02 6/4/02 6/4/02 6/6/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 6/7/02 AMOUNT $1,400.00 $100.77 $375.00 $114.05 $138.14 $784.80 $o.oo $o.oo $o.oo $415.01 $150.00 $269.37 $50.00 $360.O0 $238.33 $236.O0 $390.OO $200.00 $1o5.o5 $716.60 $12,995.o0 $39.90 $576.O0 $3,286.92 $45.O0 $37.50 $118.54 $4,978.83 $375.59 $428.OO $292.50 $34,950.OO $39.98 $306.34 $1,195.25 $31.50 $2,872.17 $33,396.24 $168.O0 $1,044.00 $75.00 $175.00 $84.OO $2,176.27 $74.85 $307.70 $568.72 $2,065.33 Page I A~p CHECK LISTING FOR THE MONTH OF JUNE 2002 60464 60465 60466 60467 6O468 60469 60470 60471 60472 60473 60474 60475 60476 60477 60478 60479 60481 60482 60487 60491 60492 60493 6O495 60497 60498 60502 60503 6O505 60507 6O5O9 60510 60511 60512 60513 SERVICES-LIBRARY SERVICES-LI BRARY SERVICES-MUSEUM SERVICES-POLICE SERVICES-PLAN SUPPLIES-LIBRARY SERVICES-RECORDER SERVICES-WWTP SERVICES-POLICE SUPPLIES-WWTP SERVtCES-WWTP SUPPLIES-WWTP REIMBURSE-PUB WKS SERVICES-WWTPI SU PPLI ES-LI BRARY REIMBURSE-PLAN SERVICES-COURT SUPPLIES-WWTP SUPPLIES-WWTP SUPPLIES-LIBRARY SUPPLIES-POLICE SERVICES-PUB WKS SERVICES-STREET SUPPLIES-PARKS SUPPLIES-LIBRARY SERVICES-ENG SERVICES-FINANCE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-POLICE SERVICES-LIBRARY SUPPLIES-WWTP REIMBURSE-RSVP SUPPLEIS-WATER SUPPLIES-LIBRARY SUPPLIES-LIBRARY REIMBURSE-PARKS SUPPLIES-POLICE SUPPLIES-WWTP SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-WWTP SERVCI ES-ATTY SERVICES-MUSEUM SERVICES-MAINT SUPPLIES-FINANCE SUPPLIES-PARKS SUPPLIES.WWTPI SUPPLIES-LIBRARY SERVICES-LIBRARY KID TUNES INC SUBS SANDWICH OR CULTURAL TRUST ALL AROUND TOWING AM PLAN ASSN AMERICANA PUBLISH A-QUALITY TYPEWRITER AT&T LANGUAGE LINE BERNAN BROWN & CALDWELL CALl FORNIA CONTRACT CAPITAL DEVELOP CARLS SEPTIC CHIVERS SCOTT CLARK MARGOT COMLEY COMPUTATIONAL SYS CONSOLIDATED PLASTIC~ CRIMSON MULTIMEDIA CRYSTAL SPRINGS DAILY JOURNAL DANIEL DANSKEY KRISTI DAVIDSON DEMCO INC DLT SOLUTIONS DP NORTHWEST EDUCATIONAL CLEAR EDUCATORS PROGRESS EL HISPANIC NEWS FACTS ON FILE FISHER IMPLEMENT SUE FOFANA DURA GK MACHINE GALE GROUP GAYLORDS BROS LESLIE GREEAR GUN BROKER GW HARDWARE HALTON CO lOS CAPITAL IKON OFFICE INTL MUNI LAWYERS JOHN PILAFIAN KENTEC HEATING KEYSTONE LEARNING ADOLPH KIEFER L&L BUILDING LIBRARY ASSOC MARION CTY TREASURER NONE NONE NONE 000126 000270 000370 000420 000623 000659 O01245 O01573 002028 002076 002136 002460 002563 002686 002740 002768 002910 002919 003020 003035 003072 003110 003246 003264 O04O78 004119 005010 005145 005197 006015 006030 006298 006395 OO64O5 007046 008118 008119 008292 009130 010060 010082 01OO86 011010 011244 012223 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 $175.00 $45.00 $45.00 $211.00 $211.00 $280.40 $210.00 $16.75 $381.4o $51.00 $4,961.29 $123.99 $10,000.00 $125.00 $71.19 $12.63 $87.00 $2,702.15 $97.74 $14.39 $93.00 $1,061.12 $2,350.00 $167.88 $199.48 $100.00 $~,011.92 $52.9o $78.00 $1,995.00 $22.06 $633.77 $41.13 $251.90 $385.98 $61.94 $998.00 $126.77 $196.14 $88o.25 $28.52 $485.oo $6.oo $187.50 $512.75 $20.59 $2,754.71 $695.40 $175.oo Pase 3 CHECK LISTING FOR THE MONTH OF JUNE 2002 8~__, 60564 60565 60566 60567 60568 60569 60570 60571 60572 60573 60574 60575 60576 60577 60578 60579 60581 60582 60587 60590 60591 60592 60593 60594 60595 60596 60597 60598 60599 60601 60602 60603 60604 60605 60606 60607 6O6O8 60609 60610 60611 60612 60613 REI MBURSE-ATTY SUPPLIES-VARIOUS SUPPLIES-LI BRARY S U PPLI ES-LI BRARY SUPPLIES-ATTY SERVICES-WWTP EEl MBURSE-PARKS SERVICES-DAR SERVICES-NON DEPT SUPPLIES-PARKS SUPPLIES-LI BRARY SERVICES-VARIOUS SERVICES-POLICE SERVICES-PARKS SUPPLIES-LIBR/~RY SUPPLIES-LIBRARY REI MBURSE-RS~ REIMBURSE-RSVP REIMBURSE-RSVP REI MBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP VOID PETTY CASH-VARIOUS SERVICES-WATER VOID VOID SERVICES-PARKS PETTY CASH-VARIOUS SERVICES-WATER VOID VOID VOID SUPPLI ES-STREET REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR SUPPLIES-WTR SUPPLIES-LIBRARY REFUND-BUILDING SERVICES-LI BRAEY SUPPLIES-WTR SUPPLIES-MUSEUM KAY VESTAL VI ESKO QUALITY VISIONS WEST CIRCLE BOOKS WEST GROUP WlBBING PUMP KATHY WI LLCOX WBN CARCRAFT WBN CHAMBER WBN FERTILIZER WBN HIGH SCHOOL WBN INDEPENDENT WBN 24 HR TOWING WBN YOUTH BALL WORLD MEDIA YES GRAPHICS BILL FAULHABER MONIQUE HULLING DONNA GRAMSE CHARLES MOHLER VADA OWENS MARIAN REED JUNE WOODCOCK JAY WOODS VOID CITY OF WOODBURN VALLEY MAI LING VOID VOID US POSTAL SERVICE CITY OF WOODBURN VALLEY MAILING VOID VOID VOID PUMILITE BUILDING SANDSTRUM HOMES REANISSANCE HOMES HENRY JAEGER JACK BOONE WE BE CONSTRUCTION ERICA WAITE THE LUCKEY CO ASSOCIATES HOUSING TERRA GARDENS LAKESIDE REFENCE RENAISSANCE CORP MOTION PICTURE WI LL GRAYSTON E METAL EDGE 021126 O21140 021203 022155 022160 022286 022390 022508 022510 022590 022615 022630 022755 022785 022815 024025 035240 035250 035260 035555 035590 035615 035648 035763 VOID 015255 021044 VOID VOID 020090 015255 021044 VOID VOID VOID NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/]4/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/14/02 6/18/02 6/20/02 6/26/02 6/26/02 6/28/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/O2 $16.75 $3,66O.75 $170.32 $486.49 $373.00 $2,048.45 $51.Ol $684.14 $13,200.00 $20.50 $32.00 $545.96 $145.00 $5,423.00 $512.17 $276.00 $105.00 $59.oo $25.00 $6.OO $25.00 $17.00 $33.00 $63.oo $o.oo $132.06 $592.65 $oooo $125.00 $117.21 $479.25 $o.oo $o.00 $o.oo $32.00 $27.25 $24.01 $78.73 $10.77 $46.72 $9.73 $8.14 $27.24 $170.00 $35.00 $1,018.88 $5o3.00 $416.00 $893.25 Page 5 A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 8E 6~14 60815 60816 60817 60818 60819 60820 60821 60822 60823 60824 60825 60826 60827 60828 6~29 ~0 6~32 6~33 60835 60836 60837 60839 60841 60842 60843 60845 60847 60849 6~50 60851 60852 60853 6~55 6~56 60857 6O859 6O860 6O861 6O862 6O863 SUPPLI ES-VARIOUS SUPPLIES-POLiCE SUPPLIES-STREET SUPPLIES-WWTP SUPPLIES-BUILD SERVICES-MAINT SU PPLI ES- MAI NT SERVICES-WATER SERVICES.LIBRARy SERVICES-VARIOUS SERVICES-ENG REI M B U RSE-VARI 0 US SUPPLI ES-VARIOUS SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-LIBRARY SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLI ES- PARKS SERVICES-POLICE SUPPLI ES-PARKS SUPPLI ES-WATER SUPPLIES.ATTY i REIMBURSE-SELF INS SU PPLI ES- PARKS SERVICES-WATER SUPPLIES-VARIOUS SERVICES-STREET SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-WATER SERVICES-POLICE SUPPLIES-STREET SERVICES- LIB RARY SUPPLIES-LIBRARY SUPPLIES-MAINT SUPPLIES-VARIOUS REIMBURSE-PLAN REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REI MBURSE-DAR SIGN WORKS SKAGGS UNIFORM SLATER COMM SOILMOISTURE EQUIP SOLO SPECIAL ED SONITROL SOS LOCK SERV STAFFORD CONST 3M TECHNICAL SYSTEMS TEK SYSTEMS MARY TENNANT TERRITORIAL SUPPLIES CORPORATE EXPRESS THREE SONS CONC TRAFFIC SAFETY TROJAN TECH UNOCAL:ERNI E GRAHAM VALLEY PACl FIC VERIZON WIRELESS VlESKO QUALITY VI KING OFFICE WALKERS CYCLE WALLACE VIDEO WALLING SAND WEST GROUP D RANDALL WESTRICK WI LL RED CROSS WI LSONVlLLE LOCK WITHERS LUMBER WBN CARCRAFT WBN DOWNTOWN WBN FAMILY CLINIC WBN FERTILIZER WBN GARAGE DOOR WBN RADIATOR WBN RENT-ALL WORLD BOOK WORLD MEDIA XEROX CORP YES GRAPHICS NAOMI ZWERDLI NG DOROTHA BORLAND SALLY BUSE CORNELIUS DONNELLY LEONARD GIAUQUE AGNES HAGENAUER ROBERT HURST BEULAH JORDAN CALVIN KOLLASCH 018465 018515 018522 018600 018603 018605 018608 018728 019002 019040 019046 019055 019060 0191O0 019150 019220 019256 020010 021046 021124 021140 021180 022023 022027 022029 022160 022260 022328 022422 022445 022508 022580 022587 022590 022605 022700 022708 022810 022815 023020 024025 025100 045100 045110 045230 045290 045310 045318 045320 045330 6/29/02 6/29/02 6/29/O2 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 $154.00 $83.00 $882.54 $221.10 $656.00 $55.00 $1.75 $5,600.00 $3,415.00 $7,857.00 $2,576.00 $87.83 $514.40 $2,097.33 $2,566.00 $2,153.57 $3,991.68 $849.92 $82.80 $1,277.29 $415.00 ~169.99 $28.OO $100.00 $4,439.59 $130.00 $17.48 $10.00 $3,173.00 $295.11 $100.27 $100.00 $347.00 $3,276.43 $5,55O.O0 $285.00 $450.00 $1,175.00 $418.72 $71.05 $2,128.00 $8.25 $37.82 $47.12 $207.39 $161.20 $73.78 $90.52 $73.78 $70.37 Page l0 A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 60714 60715 60716 60717 60718 60719 60720 60721 60722 60723 60724 60725 60726 60727 60728 60729 60730 60731 60732 60733 60734 60735 60736 60737 60738 60739 60740 60741 60742 60743 60744 60745 60746 60747 60748 60749 60750 60751 60752 60753 60754 60755 60756 60757 60758 60759 60760 60761 60762 60763 SUPPLIES-WWTP SUPPLIES-POLICE S U PPLI ES-LI BRARY SERVICES-PUB WKS SERVICES-STREET SUPPLIES-LIBRARY SUPPLIES-LIBRARY REIMBURSE. PUB WKS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-VARIIOUS SU PPLI ES-LI BRARY SERVlCES-WWTP SUPPLIES-STREET SERVlCES-WWTP SERVICES.FINANCE SUPPLIES-STREET SUPPLIES-LIBRaRY SUPPLIES-LIBRaRY SUPPLIES-POLICE SERVICES-WATER SUPPLIES.STREET SUPPLI ES-STREET SUPPLIES-C GARAGE SUPPLIES-WWTP SUPPLIES-STREET REIMBURSE-POLICE SUPPLIES-VARIOUS SUPPLIES-WWTP REIMBURSE. FINANCE SUPPLIES-WWTP. SUPPLIES-ATTY SUPPLIES.MAINT SERVICES-WWTP SUPPLI ES-WWTP SUPPLIES-ADMIN SUPPLIES-LIBRARY REIMBURSE. RSVP SUPPLIES-VARIOUS RENT-POLICE SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-PARKS REIMBURSE-PLAN SERVICES-ENG SERVICESoENG SUPPLIES-LIBRARY SUPPLIES-MAINT SERVICES-ENG SERVICES-ADMIN FURROW PUMP 005440 GALLS 006011 GALE GROUP 006015 GELCO CONSTRUCTION 006058 GELCO SERVICES 006061 GENEALOGICAL PUB 006070 GE CAPITAL 006079 LYNN GERSTNER 006140 GRAY SUPPLY 006292 GREENWOOD PUB 006299 GW HARDWARE 006405 HILL DONNELLY DIR 007220 HIRE CALLING 007240 HOME DEPOT 007280 ED HOOLEY 007301 IBM CORP 008010 IND WELDING 008100 INFO USA MARKETING 008110 INGRAM DIST 008116 lOS CAPITAL 008118 IKON OFFICE 008119 INLAND FOUNDRY 008130 I NSERTA FITTINGS 008135 INTERSTATE AUTO 008295 ITT FLYGHT 008395 J2 DISTRIBUTORS 009005 SANTIAGO KENT 010058 L&L BUILDING 011010 LAB SAFETY 011024 GERALD LEIMBACH 011190 LENON IMPLEMENT 011210 LEXIS NEXIS 011218 MACHINERY COMPONENT 012022 MARION CTY TREASURY MAULDING CONST MCCORMICK BARK MEDIA PACKAGING KEZIA MERWl N METROFUELI NG METRO PROPERTY MICRO MARKETING MR P'S AUTO MOORE MEDICAL JIM MULDER MULTI TECH ENG ELDO MURPHY LOWES TROPHY NATL CHEMSEARCH NEW HORIZONS NEW WORLD SYS 012223 012305 012350 012413 012440 012448 012451 012462 012510 012588 012670 012682 012696 013009 013030 013165 013168 6/29/O2 6/29/02 6/29/02 6/29/O2 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/O2 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6/29/02 6129102 6/29/02 6/29/02 $608.00 $26.97 $1,228.64 $78,948.74 $6,110.00 $34.95 $184.01 $39.98 $416.95 $396.29 $629.73 $138.65 $4,060.43 $420.19 $200.00 $7,180.00 $95.59 $475.00 $2,172.27 $484.28 $9.37 $1,830.00 $686.99 $13.45 $225.00 $587.4o $561.60 $727.34 $142.75 $99.40 $650.00 $83.80 $78.05 $160.00 $975.00 $375.00 $349.32 $67.21 $1,820.36 $3,700.42 $35.45 $144.44 $161.66 $48.55 $13,859.21 $3,164.00 $16.75 $432.25 $99O.O0 $14,711.47 Page 8 A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 60614 60615 60616 60617 60618 60619 60620 60621 60622 60623 60624 60625 60626 60627 60628 60629 6O63O 60631 60632 60633 60635 60636 60637 60641 60642 60645 60647 60649 60650 6O651 6O652 60653 60655 60656 60657 60658 60659 6066O 60661 60662 60663 SERVICES-ENG REFUND-WTR/$WR REFUND-W'rR/$WR REFUND.WTR/$WR REFUND-WTR/$WR REFUND-WTR/SWR REFUND-WTR/$WR REFUND-WTR/$WR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/$WR REFUND.WTR/$WR REFUND-WTR/SWR REFUND-WTR/SWR REIMBURSE-PARKS REFUND-PARKS REFUND-PARKS SERVICES-PARKS SUPPLIES-STREET SUPPLIES-LIBRARY SUPPLIES.WWTP SERVICES-MUSEUM SERVICES-MUSEUM SERVICES.LIBRARY REFUND-POLICE SERVICES-ATTY SUPPLI ES-POLICE SERVICES-ATTY SERVICES-MAINT SUPPLI ES-PARKS SERVICES.MAINT SUPPLIES-STREET SUPPLIES-WWTP SERVICES.ENG REIMBURSE-POLICE SERVICES-WATER SERVICES-POLICE SUPPLIES.STREET SUPPLI ES-FINANCE SERVICES-VARIOUS SERVICES-NON DEPT SERVICES-POLICE SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES.ADMI N SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-MAINT SUPPLIES-WATER SUPPLIES-RSVP HR NORTHWEST NONE 6/29/02 $400.00 SUSAN CURTIS NONE 6/29/02 $35.85 CINDY FITZGERALD NONE 6/29/02 $13.62 ROSEMONT APTS NONE 6/29/02 $25.47 BETTY BURKHEAD NONE 6/29/02 $30.91 THE LUCKEY CO NONE 6/29/02 $83.88 EARL DOMAN NONE 6/29/02 $27.66 ASSOC HOUSING NONE 6/29/02 $30.88 SARALEE GLATT NONE 6/29/02 $32.12 THE LUCKEY CO NONE 6/29/02 $5.70 DONALD SULLIVAN NONE 6/29/02 $28.99 LUCILLE GETTY NONE 6/29/02 $28.21 RENAISSANCE HOMES NONE 6/29/02 $9.32 SIMA MUROFF NONE 6/29/02 $4.97 AUDREY PISTER NONE 6/29/02 $103.85 WAYNE FARMER NONE 6/29/02 $125.00 MATT SHEPHARD NONE 6/29/02 $125.00 PAT MAY NONE 6/29/02 $50.00 CAPITOL FLAG NONE 6/29/02 $39.00 REGAL CINEMAS NONE 6/29/02 $105.00 TELOG NONE 6/29/02 $80.00 ISAIAH CONSTANTE NONE 6/29/02 $861.25 ANDREA GRIJALVA NONE 6/29/02 $396.50 BOB EATON NONE 6/29/02 $95.00 TA REPORT SERV NONE 6/29/02 $4.00 ODAA NONE 6/29/02 $195.00 FBI NATIONAL ACADEMY NONE 6/29/02 $497.91 ELIZABETH RILLVER NONE 6/29/02 $5.00 A&A PEST CONTROL 000011 6/29/02 $52.50 ABBYS PIZZA 000027 6/29/02 $136.25 ACE SEPTIC 000031 6/29/02 $829.50 ABIQUA CREEK ENTER 000033 6/29/02 $2,105.00 ADS EQUIPMENT 000050 6/29/02 $562.00 AEROTEK INC 000080 6/29/02 $350.00 JASON ALEXANDER 000120 6/29/02 $150.00 ALEXI N ANALYTICAL 000124 6/29/02 $420.00 ALL AROUND TOWING 000126 6/29/02 $165.00 ALS FRUIT 000160 6/29/02 $98.97 A-QUALITY TYPEWRITER 000420 6/29/02 $345.00 ARAMARK UNIFORM 000534 6/29/02 $1,092.67 ASPEN ENVIRON 000547 6/29/02 $11,700.00 AUTO ADDITIONS 000558 6/29/02 $312.00 ASSOC ADMIN 000562 6/29/02 $250.00 AWARDS & ATHLETICS 000580 6/29/02 $907.60 AT&T 000622 6/29/02 $441.00 AT&T 000623 6/29/02 $83.82 BALES & BRADY 001074 6/29/02 $142.00 BARK BOYS 001138 6/29/02 $1,320.00 BATTERIES NW 001159 6/29/02 $40.00 BAUMAN FARMS 001162 6/29/02 $69.75 Page 6 A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 8E 60514 60515 60516 60517 60518 60519 60520 60521 60522 60523 60524 60525 60526 60527 60528 60529 60530 60531 60532 60533 60534 60535 6O536 60537 60538 60539 60542 60545 60546 60547 60548 60549 60550 60551 60552 60553 60554 60555 60556 60557 60558 60559 60560 60562 60563 SUPPLIES-WWTP SERVICES-LIBRARY SUPPLIES-TRANs SUPPLIES-LIBRARY REIMBURSE-POLICE SU PPLI ES- PARKS SUPPLIES-POLiCE SERVlCES-ADMiN SUPPLIES-LIBRARy SERVICES-POLICE SUPPLIES-STREET SUPPLIES.WWTP SUPPLIES-VARIOUS SUPPLIES-PLAN SUPPLIES-VARIOUS SERVICES-WATER PAYROLL-VARIOUS SUPPLIES.ATTYi SERVICES-RECORDER SERVICES-POLICE SUPPLIES-WTR SUPPLIES-UBI~RY SUPPLIES-LIBRARY SUPPLIES.PARKS SUPPLIES-WttcrP SUPPLIES-LIBRARY SERVICES-STREET SUPPLIES-POLICE SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WWTP SERVICES-STREET SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-RSVP SERVICES-PARKS INVESTIGATN.POLICE SUPPLIES-WWTP SU PPLI ES- DAR SERVICES-LIBRARY SERVICES-WATER SERVICES.WWTP SUPPLIES-VARIOUS REI MBURSE-PUB WKS SUPPLIES-NON DEPT SUPPLIES-BUILDING SUPPLIES-LIBRARY SUPPLIES-STREET SERVICES-POLICE SUPPLIES-LIBRARY DENNIS MAULDING 012305 6/14/02 $130.00 MCSI 012404 6/14/02 $95.00 METROFUELING 012448 6/14/02 $674.94 MICRO MARKETING 012462 6/14/02 $132.25 JOHN MIKKOLA 012485 6/14/02 $100.00 MISSOURI TURF 012525 6/14/02 $584.25 NATL ASSOC TOWN WTCF 013018 6/14/02 $486.99 NEW WORLD SYS 013168 6/14/02 $8,823.28 NIGHTINGALE CONANT 013194 6/14/02 $7.50 NORCOM 013198 6/14/02 $22,536.92 NC-TEK SUPPLY 013440 6/14/02 $119.00 OBC NORTHWEST 014013 6/14/02 $343.20 OFFICE DEPOT 014029 6/14/02 $1,519.84 OFFICE MAX 014031 6/14/02 $99.96 OR DMV 014240 6/14/02 $127.00 OR PACIFIC CONST 014415 6/14/02 $2,849.00 OR PERS 014424 6/14/02 $1,654.73 OR STATE BAR 014500 6/14/02 $170.00 OR STATE POLICE 014535 6/14/02 $24.00 OREGONIAN PUBLISH 014653 6/14/02 $252.70 OTS WIRE 014680 6/14/02 $923.56 PACIFIC OFFICE 015042 6/14/02 $144.00 PARACLETE PRESS 015111 6/14/02 $112.92 JD PENCE AQUATIC 015223 6/14/02 $48.10 PLATT ELECTRIC 015340 6/14/02 $107.57 POOL & CREW 015371 6/14/02 $291.45 PORT GENERAL ELEC 015420 6/14/02 $13,523.69 PW DISTRIBUTING 015750 6/14/02 $272.90 QWEST 016202 6/14/02 $3,158.73 QWEST DEX DIRECT 016203 6/14/02 $15.26 JACK RAWLINGS 017054 6/14/02 $155.70 RB RECYCLING 017060 6/14/02 $222.30 RECORDED BOOKS 017102 6/14/02 $122.90 REGENT BOOK 017148 6/14/02 $275.06 RELIANT COMM 017170 6/14/02 . $90.00 RSS ARCHITECTURE 017346 6/14/02 $3,148.67 SCOTT RUSSELL 017370 6/14/02 $5,000.00 SAFETYCAL 018023 6/14/02 $229.00 LES SCHWAB TIRE 018300 6/14/02 $1,103.56 SIERRA SPRINGS 018460 6/14/02 $38.50 SLATE & SLATE ROOF 018519 6/14/02 $3,145.00 TECHNICAL SYSTEMS 019040 6114102 $262.50 CORPORATE EXPRESS 019100 6/14/02 $86.22 FRANK TIWARI 019180 6/14/02 $461,42 TRAFFIC SAFETY 019220 6/14/02 $188.15 ULTIMATE OFFICE 020008 6/14/02 $92.34 UNIV OF OREGON 020040 6/14/02 $52.00 UTECH ENVIRON 020155 6/14/02 $90.53 VALLEY PACIFIC 021046 6/14/02 $59.95 VERNON LIBRARY 021125 6/14/02 $547.33 Page 4 A/P CHECK LISTING FOR THE MONTH OF JUNE 2002 60414 60415 60416 60417 60418 60419 60420 60421 60422 60423 60424 60425 60426 60427 60428 60429 60430 60431 60432 60433 60435 60437 6C~. ~. O 60441 60442 60445 60447 60449 60450 60451 60452 60453 60454 60455 60456 60457 6O459 60461 60462 60463 SERVI CES-VARI 0 US SERVICES-POLICE SERVICES-POLICE SERVICESIWWTP SERVICES-VAROI US SERVICES-VARIOUS SUPPLI ES-ENG SUPPLIES-POLICE SU PPLI ES-WWTP SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-WATER SERVICES-ENG SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-POLICE SERVICES-VARIOUS SERVICES-ENG SUPPLIES-STREET SERVICES-PLANHI NG SERVICES-WATeR SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-FINANCE SUPPLIES-FINANCE SUPPLIES-TRANSIT SERVI CES-WATER VOID VOID VOID VOID VOID SERVICES-LIBRARY SERVICES-LIBRARY SERVICES-PARKS SERVICES*PARKS SERVICES-PARKS SERVICES-PARKS REFUND-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES*PARKS SUPPLIES-PARKS SERVICES* PARKS SERVICES-PARKS SERVICES-PARKS REIMBURSE-ADMIN SERVICES-PARK8 SERVICES-PUB WKS SERVICES-LIBRARY NW NATURAL 013350 6/7/02 OR DMV 014240 6/7/02 OVERHEAD DOOR 014700 6/7/02 PBS ENVIRON 015200 6/7/02 PORT GENERAL ELEC 015420 6/7/02 QWEST 016202 6/7/02 RADIO SHACK 017030 6/7/02 ROTHS IGA 017340 6/7/02 SETON 018400 6/7/02 SIERRA SPRINGS 018460 6/7/02 SPRINT 018712 6/7/02 STATESMAN JOURNAL 018760 6/7/02 TEK SYSTEMS 019046 6/7/02 UNOCAL:ERNIE GRAHAM 020010 6/7/02 UNITED DISPOSAL 020020 6/7/02 VALLEY PACIFIC 021046 6/7/02 VERIZON WIRELESS 021124 6/7/02 WDY INC 022110 6/7/02 WEARGUARD 022115 6/7/02 WlNTERBROOK PLAN 022438 6/7/02 WBN RADIATOR 022700 6/7/02 WBN RENTiALL 022708 6/7/02 YES GRAPHICS 024025 6/7/02 LANDS END INC NONE 6/10/02 WEARGUARD 022115 6/10/02 WESTERN BUS 022175 6/10/02 VALLEY MAILING 021046 6/13/02 VOID VOID VOID VOID VOID VOID VOID VOID VOID VOID ANNE VAN SICKLE NONE 6/14/02 THE SEVERIN SISTERS NONE 6/14/02 ALEX ALLEN NONE 6/14/02 JASON CHRISTENSEN NONE 6/14/02 CODY LEDER NONE 6/14/02 CHRISTOPHER LEDER NONE 6/14/02 JANE ZELLER NONE 6/14/02 REGAL CINEMAS NONE 6/14/02 OREGON ZOO NONE 6/14/02 MIMI'S GOLF NONE 6/14/02 LIVELY PARK SWIM NONE 6/14/02 GILBERT HOUSE NONE 6/14/02 N CLACKAMAS WTR PK NONE 6/14/02 SKATE PALACE NONE 6/14/02 AUDREY PISTER NONE 6/14/02 CINDY TURNER NONE 6/14/02 ST BOARD OF EXAM NONE 6/14/02 PNLA MEMBERSHIP NONE 6/14/02 $7,592.21 $2.00 $135.00 $866.25 $42,246.52 $1,149.41 $29.99 $85.88 $298.96 $98.OO $146.25 $304.32 $1,288.00 $562.88 $2,217.20 $188.75 $107.07 916.50 $1,000.57 96,018.97 $75.00 $74.95 $26o.oo $686.95 $109.47 $705.15 $o.oo $o.oo $o.oo $o.oo $o .oo $2oo.oo $50.oo $50.oo $50.00 $50.00 $40.o0 $493.75 $16o.oo $180.00 $89.88 $150.00 $423.21 $20.oo $12o.oo $80.oo Pase 2 A~P CHECK LISTING FOR THE MONTH OF JUNE 2002 60864 60865 60866 60867 60869 60870 REI MBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR PAYROLL-VARIOUS PAYROLL-VARIOUS PAYROLL-VARIOUS J WARD O'BRIEN 045497 GERTRUDE REES 045545 HATTIE VANDECOVERING 045670 I RS 060070 OREGON PERS 014424 ASSOC ADMIN 000562 6/29/02 6/2~/~2 6129£02 6/29/~ 6/30/02 6/30/02 $80.91 $65.72 $56.73 $3,504.99 $133.36 $11~0o $820,107.98 Palte 11 City of Wo°dburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: Thru: Subject: , 2002 ull, Acting Chief of Police Mayor and Council John Br(~wn, City Administrator -', Police D~partment Activities - June, 2002 8F The Consolidated Monthly Report is a monthly analysis of police department 6alls for serv/ce. This report lists all police depamnent incident investigations for the month, shows year to date statistics, and comparisons to the previous year. The report is in conformance with Federal Bureau of InvestigationS national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information, please contact me. City of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodburn OR 97071 (503) 982-2345 Date: From: To: Through: Subject: Applicant: Manager: August 8, 2002 Paul E. Null, Acting Chief of Polic Mayor agd City Council John Brgwn, City Administrato Liquor I~icense Application - Safeway Store # 1976 New Outlet Safeway, Inc. 1550 Nqrth Pacific Hwy. Woodburn, OR. 97071 Greg Ga~cia 15780 S~N Cherrywood Lane Tigard, OR 87224 License Type: Off Premise Sales - Allows for the sale of packaged Distilled Spirits, Malt Beverage, Wine anO Cider On July 29, 2002, the W0odburn Police Department received an application for a liquor license from applicant Safeway, Inc. The application is for a new outlet located at 1550 North Pacific Hwy. The police department has completed a limited background investigation on the applicant and found nothing of a questionableI nature. An in-depth investigation was completed on store manager Greg Gareia. Mr. Gareia was e~nvieted of trespass in 1981, as a result ora college fraternity prank, and fined $80.00. Nothing else of a questionable nature in Mr. Garcia's background was found. The Police Department re~sponded 114 times to calls for service at the current Safeway Store (1655 Mt. Hood Ave.) in the last 12 months. There were no reported liquor violations; the majority of the calls being thefts (shoplifting.) The police department has received no communication from the public or surrounding businesses in support of or against the new liquor establishment. llA Recommendation: The Woodbum City Council approve a Off-Premise Sales liquor license for Safeway, Inc.,1550 North Pacific Hwy., Woodburn. OLCC Applicant MEMO To: For Counc!l Action, through the City Administrator From: David N. T0rgeson, P.E., through the Public Works Director Subject: Contract award for West Lincoln and Hayes/Hall Street Storm Drain Date: July 30, 2002 RECOMMENDATION: It is recommended that the City Council award the contract for West Lincoln Street and Hayes/Hall Storm Dra~in Improvement Projects to the lowest responsible bidder, Valley Pacific Construction, Inc. in the amount of $303,753.50 BACKGROUND: The contract is in co~ opened publicly on JL bids as listed below ir1 unction with Project No.2001-047-29, Bid No. 23-01. Bids were ly 30, 2002 at 3:00 PM. Staff received a total of eleven qualified ascending order: 1. Valley Pacific 2. Warren CoOtractors 3. Dirt, Inc. 4. Ken Leahy 5. Dunn Construction 6. Emery & SOns 7. Geico Consttruction 8. Clackamas IConstruction 9. Kerr ConstrUction 10. Canby Excavating 11. Banzer Construction $303,753.50 $341,602.00 $343,114.00 $347,144.00 $348,896.50 $364,901.00 $409,486.00 $421,594.0O $424,370.00 $489,848.00 $571,318.00 Engineer's Estimate $337,891.00 liB The project will be funded using approved, budgeted sewer funds. The project combines two projects listed in the Capital Improvement Program for FY 2002-2003. Those are "West Lincoln Storm Drain," and "Garfield/Hayes/Hall Storm Drain." The total work scheduled for these projects during the current fiscal year totals $330,000. Staff has contacted the Iow bidder. They express their interest in executing this contract, and are eager to undertake the work. 11¢ MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrato~ Public Works Program Manager J,-~/~'~ Bid Award for Municipal Well Construction August 6, 2002 RECOMMENDATIOI Award City of Woodl' for two water wells t¢ second well being urn Municipal Well Construction 2002 Bid, Job Number 016154.01, Jensen Drilling Company for $317,650.00 with construction of the :ontingent upon ability to have suitable property available for commencement of d~illing within 60 days after the completion of the first well. BACKGROUND: City of Woodburn MURicipal Well Construction 2002 Bid, Job Number 016154.01, for two water wells was opened and read at 2:00 p.m. on July 25, 2002. The results were: Bidder Jensen Drilling Company Schneider Eq0ipment, Inc. Geo-Tech Explorations, Inc. Amount $317,650.00 $398,392.0O $443,528.00 Prior to bid opening, ai bid specification protest of the requirement for the use of the reverse rotary method of drilling for well construction was rejected by the city. The engineers estimate was $281,000. An active market for well drilling at this time resulted in the higher than estimated bid and readvertisement is not likely to result in a lower cost. The well construction project is the first phase of the water treatment project. The wells will supply the treatment plant to be constructed near Parr Road and will allow the city to abandon older, Iow production wells. One well will be drilled on city property adjacent to Centennial Park. The city has not identified suitable property for the second well at this time. Staff is recommending award of the contract with the contingency regarding availability of suitable property for the second well. BEFORE THE WOODBURN CITY COUNCIL ACTING AS THE LOCAL CONTRACT REVIEW BOARD ) BOONES FERRY ROAD STREET ) IMPROVEMENTS ) ) PROJECT NO. 20027012-30 ) ) BID NO. 22-24 FINDINGS llD The Board find~ that on June 10, 2002 bids were opened for a Public Works project referred to as the Boor~es Ferry Road Street Improvements, Project No. 2002-012-30, Bid No. 22-24. The invitation £or bids was prepared pursuant to ORS Chapter 279. The Board findS that the responsive bids, at the time of bid opening were as follows: 1. Wayne t[eskey Construction $920,412.60 2. Capital .Concrete Const. Co. $962,263.92 3. Morse Bros., Inc. $981,168.25 4. North Santiam Paving CO. $1,040,605.20 5. Parker Northwest Paving $1,126,990.65 6. C.V.S. Contracting, Inc. $1,146.947.20 7. D & D Paving $1,136,849.82 8. Salem Road & Driveway $1,244,647.01 Engineers Estimate $1,237,272 The low bidder is 25% below the engineer's estimate (excluding the 10% contingency) as identified in Section 6 of the Ordinance 2318, adopting the local improvement district; The Board finds that the apparent low bidder was Wayne Jeskey Construction Co. with a bid of $920,412.60. On June 11, 2002, a bid protest was filed by Capital Concrete Construction, the apparent second low bidder. A copy of said bid protest is attached hereto as Exhibit "A" and by this reference incorporated herein. Public Works staff then solicited a response to the bid protest from the apparent low bidder. A response dated June 13, 2002 was received, a copy of which is attached hereto as Exhibit "B" and by this reference incorporated herein. The Board finds that both parties have been provided notice of the findings and decision on August 12, 2002 and afforded an opportunity to appear in person and/or in writing to address the Board regarding the protest. Page 1 - Bid No. 22-24 - Findings WAYNE JESKEY CONSTRUCTION CO. llD J~e13,2~2 EXHIBIT "B" City of Woodburn Public Works 190 Garfield street Woodbum, OR 97071 Attn: Randy Scott I have received ami reviewed the copy of the protest filed by Capitol Concrete Construction. The protest regards the fact that we did not clisdose a first tier subcontractor for the electrical work on the Boones Fen'y Road street improvement project. Our subcontractor's proposal states a unit price of $1580.00 for streetlights complete with base and J-box. Acx:ording to my calculations, there are twenty-four such streetlights on schedules A,B and C. This comes to a total of $37,920.00, which is 4.15% of our total proposal and does not require disclosure. Based on this, we feel Capitol Concrete's protest is without merit. The electrical contractors proposal on which I based my bid was from tLJ. Rouse Electric, Inc. phone (503) 612-0840. Jennifer with tLJ. Rouse prepared their street light proposaL In addition to all the excavation, Wayne Jeskey ~onstruction intends to install the ductwork and vaults ourselves as we routinely do with our subdivision work. I hope this letter helps to resolve this matter as I look forward to woridng with the city of Woodbum on this project as well as the East Hardcastle Ave. Street improvement project. Thank you, TonyJeskey Wayne Jeskey Construction Co. l~t Offie~ Box 1713 Cl~ckamu. Oregon 9701S CCB# 6~0 1243S SE Highway 212 MEMO To: For Council Action, through~h.e C~ Ad?nistrato From: Public Works Director "?~~::~~~ Subject: Contract award for Boones Ferty Road Street Improvement Date: August 8, 2002 lie RECOMMENDATION: (After completion of final action on bid protest) It is recommended the City Council award the construction contract to the lowest responsible bidder, Wayne Jeskey Construction, in the amount of $920,412.60, for the Boones Ferry Road Street Improvement but require phased construction in accordance with the conditions outlined below: Planned construction of electrical undergrounding, curb/sidewalk section on the west side, from the School Prope~' to Vanderbeck Lane and construction of the water main loop connection north of Vanderbeck be allowed at a bid price of $300,000 (includes 5% contingency). 2. Planned construction of the remaining street improvements be allowed according to the plans and specifications subject to the following conditions: a. The involved legal issues are resolved to city's satisfaction. bo Contractor signs a contract modification providing that the city has no legal obligation to pay for construction cost of the "remaining ~eet improvements" unless city elects to proceed with this item. City will neither require construction and or make payment for the items deleted from the construction requirements. BACKGROUND: The contract is in conjunction with Project No. 2002-012-30, Bid No. 22-24, for Street improvements to Boones Ferry Road from Goose Creek to the Hazelnut Drive. Boones Ferry Road will be constructed 48 feet in width, providing two travel lanes, one turn lane and a bikelane in each direction. The improvement will be complete with curbs, drainage improvements, installation of the sidewalks, ADA ramps at all intersections, street lighting and under grounding electrical lines. The bid award includes system expansion of the existing water main. The Local Improvement District (LID) to fund the street improvements was passed by council on June 10, 2002, by Ordinance 2318. Staff received and opened bids on June 10, 2002. A bid protest was filed June 11, 2002 and action has been taken by the contract review board on that issue. On July 2, 2002, the ordinance creating the LID was legally challenged. The project is proposed to be phased due to the legal cludlenge to the Local Improvement District itself and final agreement on some property acquisitions. Project funding is dependent on the outcome ofthe legal cJndlenge identified earlier. The street constmotion may bo delayed further or may not be authorized to proooed to the next phase ifprojoot funding becomes a problom. Proceeding with the installation of the electrical undergroundin~ sidewalk/curb and water main identified in the recommendation as item 1, may require the city to fund this portion of the project entirely, if, in "worst case scenario" a court were to invalidate the use of the LID funds. The LID assessments in accordance with Ordinance No. 231 $ will fund one third of the cost of electrical .undergrounding, $55,~)00 and 100% of curb and sidewalk installation, $90,000 for those improvements identified in item 1, from Goose Creek to Vanderbeck Lane. The payment for the water main extension and looping will be from water system development trust fund in the amount of $30,250.00 Staff received a total ~ight qualified bids for the project listed below I. Waynei Jeskey Construction $920,412.60 2. Capital~ Concrete Const. Co. $962,263.92 3. Morse Bros., Inc. $981,168.25 4. North ~antiam Paving Co. $1,040,605.20 5. Parker[Northwest Paving $1,126,990.65 6. C.V.S. IContracting, Inc. $1,146.947.20 7. D & D iPaving $1,136,849.82 8. Salem Road & Driveway $1,244,647.01 liE Engineers Estimate $1,237,272 The low bidder is 25% below the engineer's estimate (excluding the 10% contingency) as identified in Section 6 of the Ordinance 2318, adopting the local improvement district. The legal issues related with the reeonunendation of contract award have been fully scrutinized by the city attorney. Staff'knows that there are complexities with the proposed package, however it is workable and it will serve the city well. CITY OF WOODBURN Community Development 270 Montgomery Street MEMORANDUM Woodbum, Oregon 97071 (5O3) 982-5246 Date: To: From: Subject: August 12, 2002 Honorable Mayor and City Council thru City Administrator. S, '..-~Z~ Jim Mulder, Director of Community Development Planning Commission's Action on Planned Uttit Development 02-01, Condition~al Use 02-02 and Variance 02-02 (Modification of the Miller Farm Planned Unit Development) At their meeting of Julyi25, 2002, the Planning Commission adopted a final order approving the applicant's proposal to modify Planned Unit Development (PUD) Case File No. 92-01, known as "Miller Farm." The Planning Commission also approved the applicant's conditional use application to allow for the planned unit development and a variance request to allow for a shared driveway between two homes with a width of 12 feet instead of 24 feet. This decision is final unless the City Council calls this decision up for review. The applicant requested the following changes: · Increase the size of the Miller Farm PUD (phases I and II) from 16.59 acres to approximately 16.99 acres by adding Tax lot 400 (.407 acres) to the PUD; · Decrease the overall density of the Miller Farm PUD (phases I and II) from 4.28 units per acre to 4.18 units per acre; · Increase the right-of'way of the proposed street that loops within phase II of the Miller Farm PUD from 40 feet to 50 feet; · Increase the previously approved pavement width on the above described street from 24 feet (without on-street parking) to 29 feet with one side of parking; Eliminate the 17 required parking bays for phase II of the Miller Farm PUD because one side of parking will be provided on the proposed looped street within phase II of the Miller Farm PUD; Provide a 5 foot wide sidewalk on both sides of the intemal looped street within phase II of the Miller Farm PUD when a sidewalk was not required on the internal looped streets in the original decision; Increase the previously approved minimum lot size from 4,077 square feet to 4,300 square feet; · Increase the previously approved front yard setback from the front yard property line to 14A 14A the face of the house from 5 feet to 8 feet and provide a minimum of a 20 foot setback from the garage to the front property line; Allow for a 0 foot minimum setback on one side for an accessory building; · Increase the side yard setback from 0 feet on one side and 4 feet on the other side to 4 feet on both sides ef the lots along the interior looped street; · Reduce the side yard setback adjacent to Miller Farm Road from 20 feet to 10 feet from the house face to!the side property line adjacent to the street and provide a 20 foot setback from the pr!operty line to the garage; · Increase the rear yard setback from 10 feet to 15 feet on the interior lots that do not abut the golf course or are adjacent to existing homes along Boones Ferry Road; and · Increase the lot de,qth from a 60 foot minimum to a 71 foot minimum. Applicant: Michael Finkelstein, 304 Adams Avenue, Silverton, OR 97381 Contract Purchaser: Jon Vanderway, Vanderwey Investments, LLC, 2785 N. Front Street, Woodbum, OR 97071 . Property Owner: Hazelnut "A" Partners, a General Partnership consisting of Withers Lumber Company, In(:., an Oregon Corporation, Fred and Dave Smith, Inc, an Oregon Corporation doing business as SACO and Burlington Trust, INC., an Oregon nonprofit Corporation NATURE OF THE APPLICATION: The applicant requested the modification of Planned Unit Development (PUD) Case File No. 92-01, known as "Miller Farm", to allow for the changes listed previously in this memo. The applicant also requested conditional use approval to allow for the planned unit development and a vadance request to allow for a shared ddveway between two homes with a width of 12 feet instead of 24 feet. RELEVANT FACTS: The proposal is located east of Boones Ferry Road, west of Miller Farm Road, north of Highway 214 and south of Tukwila Drive and can be identified on Madon County Assessor's maps as T5S, RIW, Section 7AB, Tax Lots 400, 500, 600, 700 and 800. The subject property is zoned Single Family Residential (RS) on the City of Woodbum Official Zoning Map and designated Residential (less than 12 units per acre) on the City of Woodbum Comprehensive Land Use Plan. The properties to the north, south, east (across Miller Farm Road) and west (across Boones Ferry Road) of phase II of the Miller Farm PUD are also zoned RS on the City of Woodbum Official Zoning Map and designated Residential (less than 12 units per acre) on the City of Woodbum Comprehensive Land Use Plan. Residential homes are located to the north, south and east (across Miller Farm Road) of the subject property (Miller Farm PUD, phase II). Residential homes, the Woodbum Art Center, and a Qwest communications facility are located on the property to the west (across Boones Ferry Road). 2 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum. Oregon 97071 (5O3) 982-5246 Date: To: From: Subject: August 12, 2002 Honor{able Mayor and City Council thru City Administrato Jim M~lder, Director of Community Developmen CommiUnity Development Director's decision on Site Plan Review Case No. SPR 01-14 to remodel the Woodburn Shell Station. On August 5, 2002, the Community Development Director approved a site plan review request to remodel the Woodbum Shell Station. This decision is final unless appealed or the Woodburn City Council calls this decision up for review. APPLICATION INFORMATION Applicant: Belal AI-Khatib 2995 Newberg Hwy Woodburn, OR 97071 Property Owner: Turax Harris Energy Company P.O. Box 607 Wilsonville, OR 97070 NATURE OF APPLICATION: The applicant requests site plan review approval for an automobile repair facility that has been converted into a convenience store at the Woodburn Shell Station. The store is located within the existing building on the site. No exterior expansion of the building footprint has been made or is proposed. Additionally, there is a detached espresso stand on the west side of the site which the applicant proposes to move into the building in an existing storage area, which would be converted into a drive-thru and walk-up espresso business. RELEVANT FACTS: The Woodburn Shell Station is located on the northeast corner of the Hwy 214 (Newberg Hwy) and the Interstate-5 freeway interchange. It is addressed at 2995 Newberg Hwy, further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12AC, Tax Lot 4600. The property is zoned Commercial General (CG) District and has a Comprehensive Plan Map designation of Commercial. The site is improved with a service station consisting of fuel pumps with a canopy and a building with an office, restrooms and a convenience store (previously-used auto service shop). As mentioned, there is also an 14B espresso stand on the west side of the site. The site is relatively fiat with a paved surface. The convenience st(ire section of the building has already been converted as indicated on the submitted site plan (Exhibit "B" of the staff report). This portion of the building is 1,080 square feet in size. The applicant is currently operating the convenience store without the necessary site plan review approval and building permit approval. The applicant is requesting site plan review approval and has applied for building permit approval for the conversion. The building permit is currently on hold since issuance cannot take place uritil the appeal period for this approved site plan review application has passed. The remainder of the building, which consists of a storage garage (to be converted into the espresso business), an office, restrooms and a hallway, is an additional 1,000 square feet for a total size of 2,080 square feet. As part of this application, the applicant is proposing to make the building compliant with the American Disabilities Act (ADA). 14B 2 CITY OF WOODBURN Community Development 270 Montgomery Street Woodburn, Oregon 97071 MEMORANDUM (503) 982-5250 Date: To: F rom: Subject: August 1,2002 Jim Mulder, Cc~mmunity Development Director Building Division Building ActiVity for July 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 5 $628,383 8 $1,119,883 11 $1,343,804 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 2 $20,000 11 $499,129 2 $34,000 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 0 $0 11 $1,588,816 Signs, Fences, Driveways 0 $0 1 $159,000 5 $73,610 Manufactured Homes 1 $33,850 1 $50,000 1 $12,000 TOTALS 8 $682,233 21 $1,828,012 30 $3,052,230 Fiscal Year (July 1- June 30) to Date $682,233 $1,828,012 $3,052,230 H:\Community Development\Bldg\Building Activity~BldgAct-2002~Activity-July 2002.wpd August 6, 2002 Ms. Elida Sifuentez City Councilor City of Woodbum 270 Montgomery Woodburn, OR 97071 Dear Ms. Sifuentez: Two people appeared before the city council and testified that they would like the city to take control of tree removal 6n private property. I believe one person has an emotional attachment to a tree located on Arthur street and the other person feels bad because another tree went down on Settlemeir Avenue a week or two ago. Apparently the city is willing to move forward on a decision to take control of tree removal on private property and the Mayor wants it on the front burner and not the back burner. Unfommately, the City of Woodbum has a history of making decisions before an analysis is completed and I do believe this is another history making rule in progress. The city needs to look at existing rules and regulations concerning street trees and vision clearance requirements before taking control of trees on private property. There may be a need for oversight in the future, but not at the present time. I happen to have a history of dealing with your street tree roles. The rule is very simple. It all depends who is mayor and what your last name is and that determines what policy, if any, is followed. Numerous street trees have been removed without a permit and in some cases the stumps have not been removed. There is no penalty for removing a street tree if you just happen to cut it down without a permit. The city does not enforce the vision clearance code. Drive around the city and you will see for yourself. The city needs to complete a lot of work on current rules and regulations before they venture off making roles for city control of trees on private property. I believe we do not need a small group of people telling the citizens of Woodburn that we need to save all the trees. If they want to save all the trees on their property that is fine, but I want to make the decision about removing or planting trees on my property. Sincerely, Terry L. Will