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Agenda - 08/25/2003 WOODBURN CITY COUNCIL AGENDA AUGUST 25, 2003- 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The last of the Woodburn Public Library's Music in the Park 2003 series will be Tuesday, August 26, with Joni Harms & Company performing at 7 p.m. Bo City Hall and the Library will be closed Monday, September 1, 2003, in observance of Labor Day. The Aquatic Center will be open on Labor Day from 11 a.m. to 5 p.m. Co The public hearing for the Appeal of Design Review 02-12 and Variance 03-01 "Coastal Farm Supply Expansion" located at 1550 Mt. Hood Avenue is continued to the September 22, 2003, City Council meeting. Appointments: D. Sign Ordinance Focus Group PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. · 'Ha~r~ intO. rpretes bispottibles para ~[las personas tl~e no ~al~lan InO/~s/ previo ac~eri)o, com~miq~tese a[ (5o3) 98o-~-48~" August 25, 2003 Council Agenda Page i e o o o e COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association COMMUNICATIONS A. 8th Annual Curbside Food Drive 1 BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of August 11,2003, regular and 3 executive sessions Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Planning Commission minutes of July 24, 2003 12 Recommended Action: Accept the Woodburn Planning Committee minutes. C. Woodburn Public Library Monthly Reports for June & July 2003 21 Recommended Action: Receive the report. D. Police Department Statistics- January through April 2003 23 Recommended Action: Receive the report. E. Silver Falls 911 Consolidation with NORCOM 911 27 Recommended Action: No Council action necessary- information only. F. Doman v. City of Woodburn, LUBA No. 2003-025 28 Recommended Action: Receive the information. TABLED BUSINESS None. August 25, 2003 Council Agenda Page ii 10. GENERAL BUSINESS 11. 12. 13. 14. 15. 16. Ae Council Bill No. 2470 - Ordinance vacating a portion of Thorn Street located between Settlemier Avenue and Settlemier Park Recommended Action: Adopt the ordinance. Community Park Master Plans Recommended Action: Adopt the Legion Park Master Plan and the Settlemier Park Master Plan. PUBLIC HEARINGS None, PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. Planning Commission's Approval of Subdivision 03-01, a request to subdivide Lot 2 of the Woodburn Town Center Plat into 88 single-family dwelling lots for the Phase III of the Montebello Subdivision Be Planning Commission's ApproVal of Subdivision 03-02, part of Variance 03-11 and Property Line Adjustment 03-04 and Denial of Zoning Adjustment 03-01 and part of Variance 03-11 CITY ADMINISTRATOR'S REPORT Emergency preparedness - water system during power outages. Oral report - Tiwari MAYOR AND COUNCIL REPORTS 34 37 45 46 August 25, 2003 Council Agenda Page fii 17. EXECUTIVE SESSION 18. Ao To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660(1 )(e). To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660 (1)(d). ADJOURNMENT August 25, 2003 Council Agenda Page iv 6A TO: FROM: RE: DATE: Mayor, Council & City Manager Mary Kanz, Executive Director mkanz~quik.com Annual Curbside Food Drive Announcement August 18, 2003 - FOR IMMEDIATE RELEASE ANNOUNCING 8TH ANNUAL CURBSIDE FOOD DRIVE! During special recycle weeks in September, local Garbage/Recycle Haulers in Marion County and Polk County; West Salem - will be collecting non- perishable food donations at residential curbs for the eighth year in a row! Recycling residents can expect to see a bright white plastic bag aooear at their curb or front porch in early September. Residents are asked to fill the bag with canned and other non-perishable food items (no crushable or glass items please) tie the bag handles together and place it curbside on the next regularly scheduled garbage or recycle day in September. It couldn't be easier to help neighbors in need! Any colored plastic bag is suitable to place non-perishable food items into for this special collection!. Mid-Valley Garbage & I~ecycling Association has teamed up with Marion Polk Food Share and Albany Box Company and Wild West Seeds (the nice folks who sponsored the bags) to make this 8th annual event a success. This tUIkgSIDE.: FOOD DIkTVE is responsible for more than 135~000 pounds of food since 1996!!! Call your local Garbage/Recycle Hauler or the ~E¢"/¢LI~ HOTL~N[~ at (503) 390-4000 or toll free outside Salem calling area: 1-877-390-4001 for more information. Mid-Valley Garbage & Recycling Association 3680 Brooklake Road NE Salem, Oregon 97303 Ph: (503) 390-4000 Fax: (503) 393-9648 mrtrash@quik.com www.mrtrashrecycles.com 8*h Annual Curbside Food Drive! Please fill this bog with non-perishable food items, and leave curbside on your next scheduled recycle day in Sept. We'll deliver your donation to MAR]:ON POLK FOOD SHARE! This wonderful neighbor-helping-neighbor project is brought to you by: Mid-Valley Garbage & Recycling Association (Your Local Garbage/Recycle Hauler!) Albany Box Company Wild West Seeds 8*h Annual Curbside Food Drive! Please fill this bog with non-perishable food items, and leave curbside on your next scheduled recycle day in Sept. We'll deliver your donation to MAR:ION POLK FOOD SHARE! This wonderful neighbor-helping-neighbor project is brought to you by: Mid-Valley Garbage & Recycling Association (Your Local Garbage/Recycle Hauler!) Albany Box Company Wild West Seeds 8*h Annual Curbside Food Drive! Please fill this bag with non-perishable food items, and leave curbside on your next scheduled recycle day in Sept. We'll deliver your donation to MA[aT_ON POLK FOOD SHARE! This wonderful neighbor-helping-neighbor project is brought to you by: Mid-Valley Garbage & Recycling Association (Your Local Garbage/Recycle Haulerl) Albany Box Company Wild West Seeds 8*h Annual Curbside Food Drive! Please fill this bog with non-perishable food items, and leave curbside on your next scheduled recycle day in Sept. We'll deliver your donation to MAR].'ON POLK FOOD SHARE! This wonderful neighbor-helping-neighbor project is brought to you by: Mid-Valley ~arbage & Recycling Association (your Local Garbage/Recycle Hauler!) Albany Box Company Wild West Seeds 2 8A COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. Mayor Figley stated that Denes Josvay's wife, Dee, passed away last week. Denes is a 23-year City employee who has worked in both the parks and street departments and, in addition to expressing her condolences to the Josvay family, she held a moment of silence to honor her memory. 0095 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Absent Staff Present: City Administrator Brown, City Attorney Shields, Deputy Police Chief Youmans, Public Works Director Tiwari, Public Works Manager Rohman, Aquatics Manager Newport, City Recorder Tennant Mayor Figley stated that Councilor Bjelland is out of town and Councilor Veliz is ill. 0104 ANNOUNCEMENTS. A) Music in the Park 2003: Musical performances are held on Tuesday evenings from 7:00 pm to 8:30 pm with the Bill Hughes Jazz Band performing on August 12, 2003 and The Essentials performing on August 19, 2003. 0125 APPOINTMENTS. Mayor Figley appointing the following individuals to the Sign Ordinance Focus Group: Jim Cox (Council representative), Ellen Bandelow (Planning Commission representative), Lisa Ellsworth (Livability Task Force representative), Mary Graves (I-5 Interchange representative), Don Judson (Chamber representative), Aaron Barrera (Downtown representative), Cindy Kelly (Highway 99E representative), and Dick Pugh (Citizen at-large representative). She stated that she will be making one more appointment to this group at the next meeting. NICHOLS/MCCALLUM... appointments be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, August 11, 2003 3 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 0215 CHAMBER OF COMMERCE REPORT. Kathy Wolfer, representing the Chamber, reviewed the upcoming Chamber events: 1) Chamber Forum lunch will be held on August 20th, 12:00 noon, at the Tukwila Center for Health and Medicine. Guest speaker for this event will be new School District Superintendent Walt Blomberg. 2) Chamber Auction will be held on September 26, 2003 at OGA Tukwila and auction items are now being collected by the Chamber organizers. 3) Crystal Apple Awards will take place on November 21s' at Wittenberg Inn in Keizer and the Chamber is now looking for award sponsors. This year, staff'members from St. Luke's and MacLaren School will be included in this recognition event. 4) Leadership youth is preparing for a third year with Debbie Adcock being the new coordinator for this program. 5) Ambassador program and Greeter program will begin September 12, 2003. The program will be held at a business location every Friday to provide attendees with networking opportunities. Ms. Wolfer also provided Chamber office statistics which indicate that it was a busy month at the Chamber and the web hits were the largest number recorded this calendar year. The website is also being setup to be a link to other businesses within the community and to Chamber members. 0366 COMMUNICATIONS. Mayor Figley stated that a letter of resignation has been received from Park Board member Richard Hammond. A replacement appointment will be made at the next regular Council meeting. 0383 Joy Cripps, representing the Northwest Neurodevelopmental Training Center and Oregon Hope and Help Thrift Store (152 Arthur Street), invited the Council and public to attend their first fundraising event at their business. She stated that they are a non-profit organization and funds raised from this event will benefit building repairs and improvements which includes a new roof. Food will be served at this event and luncheon tickets will be sold in advance and at the door. The event will be held on August 23, 2003 from 11:00 am to 3:00 pm during the same hours as the Saturday Market which is held on First Street just north of their building. 0497 CONSENT AGENDA. A) approve the Council regular and executive session minutes of July 28, 2003; B) accept the Planning Commission minutes of June 26, 2003; C) receive the Building Activity report for July 2003; D) receive the Planning Project Tracking Sheet dated August 8, 2003; E) receive the Library Monthly report for May 2003; Page 2 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING F) receive the Aquatic Center Statistics; and G) receive the League of Oregon Cities - Youth Program Report. Mayor Figley congratulated thc Park Department and staff members who operate the Teen Scene program over the praise they received in the League of Oregon Cities Youth Program report. Our program was the star program for youth in cities of 9,000 to 30,000 population. Councilor McCallum also stated that he was pleased to see that the Teen Scene program was renewed for a second year under the Department of Justice grant and that they had received a high rating for their first year of operation. He also thanked Aquatic Manager Newport for his work in gathering the statistics which show that the revenue is slightly higher and the head count is lower. However, a realistic counting procedure is now in place at the Aquatic Center for maintaining consistent report numbers. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0675 COUNCIL BILL 2468 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2003 SEPTEMBER 16TM 1045 CELEBRATION. Councilor Sifuentez introduced Council Bill 2468. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor McCallum expressed his opinion that this event will require a lot of publicity since it will coincide with the Mt. Angel Oktoberfest. He also felt that parking information needs to be broadcasted not only by radio but through other media sources. Administrator Brown stated that there will be extensive radio coverage from two different radio stations over the next few weeks. Staff concern is that there will so many people in attendance that there will not be enough space to take care of the people attending this event. The radio stations will be the primary means of letting people know where the parking locations will be and City busses will be used to transport attendees from the parking locations to the downtown area. It was noted that the event will be held on September 13th and 14th. On roll call vote, the motion passed unanimously. Mayor Figley declared Council Bill 2468 duly passed. COUNCIL BILL 2469 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 20836 WITH THE STATE DEPARTMENT OF TRANSPORTATION. Council Bill 2469 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. Page 3 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING Public Works Manager Rohman stated that this year's grant award was approximately $4,000 more that the previous year. On roll call vote for final passage, the bill passed unanimously. Mayor Figtey declared Council Bill 2469 duly passed. 1115 OREGON LIQUOR LICENSE APPLICATION: SALVADOR'S BAKERY 111,320 N. Pacific Highway. An application for a greater privilege Full On-Premise Sales was submitted by Salvador Larios. Within Chief Russell's staff report, he expressed concerns regarding the license application which would allow for the sale and on-premise consumption of distilled spirits, malt beverages, and wine when (1) the nature of the business is primarily a bakery, food, and grocery store; (2) the location is in close proximity to the Highway 99E Safety Corridor; and (3) there are already a number of full on-premise licenses within that area. Mayor Figley stated that she had spoken with the Chief and Deputy Chief and she has similar concerns on this license request but is unsure if those concerns can be addressed through Oregon Administrative Rules and Oregon law as they now stand. Her issues are with the driving patterns, the location, and the number of DUI's and subsequent accidents that seem to happen on Highway 99E. Councilor Cox stated that he shared the concerns expressed by the Mayor, however, he is not sure if another hard liquor outlet is needed in this area and, even if there was a need, he questioned if the restaurant would generate enough food sales to make the OLCC percentage requirements applicable for this type of license. Since the Council can only recommend granting or denial of a license, and, based on information in the staff report, it does not seem likely that OLCC will pay attention to a negative recommendation from the Council. He stated that he would be voting no on this issue unless additional information is brought forth during Council discussion that would change his vote. Councilor McCallum agreed with comments made by Councilor Cox and stated that he has expressed concerns in the past on the number of establishments on Highway 99E and the safety corridor issue. He reminded the Council that Salvador's Bakery does have a beer and wine license and the owner has submitted an application to add distilled spirits for financial gain. He recognized the fact that the City does not have as much say in whether or not a license is granted by OLCC, however, he is inclined to vote for a denial of the license in an effort to let OLCC know that the City has concerns that need to be addressed. Councilor Nichols stated that it is time that the City takes a stand especially in an area where Highway 99E is an established Safety Corridor and OLCC should recognize that the City has a right to say no on a license application. Councilor Cox stated that any motion to deny the license needs to state some reasons for the denial so that OLCC knows why the Council is taking the position they are on this Page 4 - Council Meeting Minutes, August 11, 2003 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 1890 application. He cited the following reasons for denial: (1)Council does not feel that there is any public necessity for it and that this use is incompatible with the location and the area is becoming over saturated with this type of outlet, (2) traffic problems on Highway 99E, and (3) this establishment does not appear to be a typical restaurant that is serving hard liquor. Councilor Sifuentez stated that the Police Chief is recommending approval of the license even though he cites issues of concern. She also stated that she has a concern about taking a stand to deny at this time when the Council has recommended other licenses in this area in more recent times. Administrator Brown stated that a compliance plan is already in place at this location. Annually, the Council reviews licenses and the Council can make a recommendation to deny based on problems experienced at the business establishment. Deputy Chief Youmans stated that the City has 28 days to submit a recommendation to OLCC once the application has been received by the City. Due to the time constraint, there is insufficient time for the Council to refer the matter back to staff for the purpose of drafting a motion to deny the license which would include a list of reasons to substantiate the denial. COX/NICHOLS... recommend to OLCC that this license application be denied for the reasons that (1) there is a lack of need and, in fact, this licensee, if granted, would be in a bad location in terms of traffic and the Safety Corridor on Highway 99E, (2) the business is in a location where there are already as many licenses as the area can handle, and (3) the license does not appear to be in conjunction with established or proposed typical restaurant operation but would rather be primarily a bar and dance hall with a bakery and grocery store in front. On roll call vote, the vote was 3-1 with Councilor Sifuentez voting nay. Mayor Figley questioned if the motion was passed by the Council since there were only 3 aye votes. City Attorney Shields stated that, under the City Charter, a motion passes when there is a concurrence of the members present. Since there are 4 members of the Council present at this meeting, this motion is approved with the 3-1 vote. 2164 CONTINUATION OF PUBLIC HEARING: APPEAL OF DESIGN REVIEW 02-12 AND VARIANCE 03-01 "COASTAL FARM SUPPLY EXPANSION" - 1550 MT. HOOD AVENUE. Mayor Figley declared the continuation of the public hearing open at 7:37 p.m.. She requested that the Council continue the hearing to September 22, 2003 per the request of the applicant. NICHOLS/MCCALLUM... continue the public hearing on Design Review 02-12 and Variance 03-01 to the City Council meeting of September 22, 2003 pursuant to the applicant's request. The motion passed unanimously. Page 5 - Council Meeting Minutes, August 11, 2003 7 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 2239 PUBLIC HEARING: THORN STREET RIGHT-OF-WAY VACATION. Mayor Figley declared the public hearing open at 7:38 p.m.. Public Works Manager Rohman stated that the proposed area to be vacated is an undeveloped 50 foot right-of-way of approximately 90 foot in depth with the west end of the right-of-way intersecting with Settlemier Avenue and the east end meeting the defined boundary of Settlemier Park. The property owner to the north of Thorn Street has used the north half of this street for many years as a driveway and the section to the south looks like it is part of Settlemier park. If the street vacation is approved, one half of the right-of-way would be given to the property owner to the north and the remainder would be part of the park even though it would not be within the official boundary of Settlemier Park as defined by the National Park Service. Staff will be constructing a fence along the west side of the Third Street right-of-way to provide a permanent separation between the residential properties and the park property. Public notices relating to this vacation process were published in the Woodburn Independent within the statutory requirements and notices were posted at both ends of the proposed vacation. No one in the audience spoke either for or against the proposed vacation of the right-of- way. Mayor Figley declared the public hearing closed at 7:42 p.m.. NICHOLS/SIFUENTEZ... instruct staff to perform analysis on the public input received and present a recommendation for further Council action on the proposed vacation. The motion passed unanimously. 2620 Richard Jennings, 595 Filbert St., commended the Council for taking a stand on liquor licenses within the City and, even though he agreed with Councilor Sifuentez on her concern about whether this was the appropriate time to turn the license down, he felt that the Council should do something to get OLCC's attention when there are no applications pending. He strongly suggested that the Council begin talking to their legislators and other community leaders so that City Councils within our State have some say in what type of business activity occurs within their cities. 2798 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Community Development Director's approval of Design Review 03-10 which will allow for a 998 square foot addition to the existing Denny's Restaurant located at 2919 Newberg Highway. No action was taken by the Council on this land use action. 2840 MAYOR AND COUNCIL REPORTS. Councilor McCallum stated that Woodburn had an outstanding National Night Out event on August 5'h with over 36 neighborhoods participating. He enjoyed visiting the 5 or 6 locations that he was able to get to before the event was over. Police Department and Page 6 - Council Meeting Minutes, August 11, 2003 8 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING Fire Department stafftried to visit all of the neighborhoods who participated in this annual event. Councilor Sifuentez invited the public to attend the Mariachi Festival at St. Luke's on Sunday, August 17, 2003, from 1:30 pm to 5:00 pm. There will be a lot of food, music, and games at this family-oriented event. Mayor Figley thanked the Police Department and all of the neighborhoods participating in the National Night Out event. She also thanked the Fiesta Committee for naming her as Grand Marshall of the Fiesta Parade and to Kip Miles for loaning a convertible for the Fiesta Queen and First Princess to ride in along the parade route. Mayor Figley stated that the Mayor's Golf Tournament was held last weekend and the organizers did an excellent job in putting on a great event which was enjoyed by a large number of people. This year's beneficiaries of the event will be the Teen Scene Program and Woodburn Together. Lastly, she stated that the 4th Annual Walt's Run was held last Saturday and it was also a successful event. 3185 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 2) ORS 192.660(1)(h) 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; 3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection; 4) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; and 5) ORS 192.660(1)(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related perfornmnce of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. City Attorney Shields stated that he is the public official to be reviewed and evaluated by the Council and he has an obvious conflict of interest and cannot give the City legal advice in regard to that item. He understands that he has the right to an open hearing, however, he waives his right to the open hearing. NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:53 p.m. and reconvened at 9:30 p.m.. Page 7 - Council Meeting Minutes, August 11, 2003 9 COUNCIL MEETING MINUTES AUGUST 11, 2003 TAPE READING 3310 3362 3410 Mayor Figley stated that no decisions were made by the Council while in executive session, however, the Council will be taking action during open session on three different issues. COX/SIFUENTEZ... City Administrator be attthorized and directed to sign necessary documents to purchase the property located at 389 S. Front Street for a total purchase price of $60,000. The motion passed unanimously. COX/MCCALLUM .... City Attorney be authorized and instructed to file an appeal, on behalf of the City, of Land Conservation and Development Commission Order 03- WKTASK-001537 to the Oregon Court of Appeals. The motion passed unanimously. COX/NICHOLS... effective August 1, 2003, the City Attorney's salary be increased a total of 3% which would include the cost of living adjustment (COLA). The motion passed unanimously. 3460 ADJOURNMENT. NICHOLS/MCCALLUM .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:33 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 11, 2003 10 Executive Session COUNCIL MEETING MINUTES August 11, 2003 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 11, 2003. CONVENED. The Council met in executive session at 7:56 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Counci lot Bj el land Absent Councilor Cox Present Councilor McCa l lure Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Absent Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown (left at 8:32 pm when ORS 192.660(1)(i) was discussed) City Attorney Shields (left at 8:32 pm and returned at 9:10 pm), City Recorder Tennant Media Present: John Gervais, Woodbum Independent (left executive session at 8:27 pm when ORS 192.660(1 )(d) and ORS 192.660(1 )(i) was discussed) The executive session was called under the following statutory authority: 1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions; 2) ORS 192.660(1)(h) 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; 3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection; 4) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; and 4) ORS 192.660(1)(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose perfom~ance is being reviewed and evaluated requests an open hearing. ADJOURNMENT. The executive session adjourned at 9:28 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 11, 2003 11 8B WOODBURN PLANNING COMMISSION July 24, 2003 CONVENED The Planning Commission met in a regular session at 7:00 p.m. Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Young A Commissioner Vancil P Commissioner Grigorieff P Commissioner Mill A Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Victor Rodriguez, Associate Planner in City Hall Council MINUTES A. Woodburn Planning Commission Minutes of June 26, 2003. C--ommissioner Loner.qan moved to accept the minutes as presented. Motion was seconded by Commissioner Gri.qorieff, which carried. B. Woodburn Plan~ing Commission Minutes of July 10, 2003. M---orion to accept the minutes was made by Commissioner Bandelow. Commissioner Vancit seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A___:. Woodburn City Council Minutes of June 23, 2003. PUBLIC HEARING A. Subdivision 03-01, request for a 88 lot sinRle family residential subdivision to be developed as Phase III of Montebello Subdivision, Capital Development, applicant. Staff read the applicable ORS Statement and a presentation was provided as reflected in the Staff Report. Staff recommended approval of the applications subject to conditions, based on the information in the report, the information provided by the applicant and the applicable review criteria. EX-PARTE CONTACTS None Commissioner Loner,qan requested clarification to the condition of approval item #18 found on page 22 of the Staff Report. Staff explained the reserve strip is so that the applicant can be reimbursed for the street improvements. Moreover, the Public Works Department wants to have access to continue the road thru the north/south roads. Chairperson Lima asked Staff for confirmation regarding the small non-significant wetland in the process of being delineated by a consultant. Planning Commission Meeting - July 24, 2003 Page 1 of 9 12 Staff replied there are no wetlands showing on the local wetlands inventory and therefore, they are not designated as significant. Commissioner Bandelow referred to condition of approval Item #11 regarding an all weather sign and asked for further explanation. Staff replied that condition is required because the code states "shaft"and not "should". He further explained the sign would be located at the end of the north/south section. Staff further explained the sign would make the public aware that street is not a dead end or cul-de-sac and it is intended to be extended. Commissioner Bandelow commented it just seems it will imply to the buyers and the people driving thru to look at the property that there is another section to be developed. She further remarked that will be confusing rather than helpful. Commissioner Grigorieff expressed concerns with traffic and bottleneck on Highway 214 since a traffic impact study was not conducted for this project. She also inquired if there are any plans to alleviate that problem? Staff explained a traffic impact analysis was not required on this project because it did not meet the threshold of a thousand trips per day, however, there will obviously be a traffic impact. He went on to explain the Transportation System Plan (TSP) looks at traffic impact based on the land uses laid out in the City's Comprehensive Plan. The plan addresses this entire area and designates this property as Low Density Residential. Additionally, the Transportation System Plan determines how many trips are to be generated by all the different land uses within the City and is done by the area and a model generated which indicates how much traffic you will have on the existing streets. Then it is determined whether the existing street system can accommodate that or not and if it can not be accommodated, plans are made on how to upgrade. Staff explained under Oregon State Law, the system wide improvements are to be made in conjunction with the TSP and that is to be done thru the City's Capital Improvement Program. Individual developers developing their property under the current zoning are not required to make system wide improvements unless, under our code, they are required interior, boundary or connecting streets. In closing, Staff indicated we are limited on what we can require this development to do outside of having them improve boundary and connecting streets. He also explained System Development Charges (SDC) are to go toward increasing the capacity that is generated by the new development. TESTIMONY BY THE APPLICANT Jeff Oswald, P.O. Box 3487, Lacey, WA 98509 stated he is present tonight on behalf of John Donaldson who is having back troubles and was unable to attend tonight's meeting. He reported this is their third development in the area having already done Montebello I and I1. Mr. Oswald thanked Staff for their assistance and efforts with the project. Mr. Oswald further remarked the application meets all of the City's requirements and respectfully requested that the Commission approve the application. George Wilhelm, Wilhelm En.qineerin.q, P.O. Box 561, Woodburn, OR 97071 represented the applicant, Capital Development Co., Inc. He provided a quick history of the property and phases. Mr. Wilhelm also reported a final plat approval application has been submitted and they expect the Woodburn Town Center plat will be recorded within the next 60 days. Additionally, he indicated they have also submitted conceptual plans for infrastructure improvements, such as, transportation, storm sewer, sanitary sewer and water. He explained Evergreen Rd. will be extended from its terminus from the Walmart entrance on down to the south end of the property. It is hoped that this will help with the Transportation System Plan and relieve some of the congestion by taking it down to the arterials previously mentioned. A brief historywas provided by Mr. Wilhelm regarding the wetlands issue. He reported work with a consultant was done, at the request from Staff, to determine what might be wetlands on the site. Since that time, they met with Division of State Lands and they have identified and asked them to take a look at some other areas on site that might have been wetlands years ago and/or might be wetlands today. It was further stated by Mr. Wilhelm they are in the process of identifying those, delineating them and getting Division of State Lands concurrence. The small area they have Planning Commission Meeting - July 24, 2003 Page 2 of 9 13 asked them to look at is in the proposed Montebello III area. He also indicated in the event that Division of State Lands and their consultant agree that they do have some wetlands in that area, the option they have and the option Capital Development will take, is to purchase wetland credits from a wetland bank so that a large area can be developed at some other site so it can actually be a useable wetland for plant and fauna. Mr. Wilhelm indicated a transportation analysis was started using 97 lots. Although, they did not complete that, they did obtain a draft report from Lancaster Engineering concluding all studied intersection currently operate acceptably and will continue to operate acceptably in the year 2020 with or without the development of Montebello III. In summary, Mr. Wilhelm stated they believe the application meets all of the applicable criteria for approval and find the Staff Repod to be complete and adequately addresses the pertinent criteria. Commissioner Lonerqan inquired how many lots and/or units are currently empty in Montebello I and I17 He also asked what is the time frame for Montebello Ill? Geor.qe Wilhelm replied he did not know how many lots/units are currently vacant. However, he believed Montebello I is pretty much built out and there are a significant number of lots still available in Montebello II. He stated the company that built on Montebello lis interested in purchasing all of the lots in Montebello III and he believed they would like to get started as soon as possible. Commissioner Lonerqan questioned Mr. Wilhelm whether they have any issues with any of the conditions of approval? George Wilhelm responded they would certainly like to see some alternatives to the solid block wall requirements however, they have gone up that road before. They reviewed the conditions and feel they can live with the proposals and conditions. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS Sharon Hobson, 15227 Stubb Rd., Gervais, OR said she is not really an opponent as she knows nothing will halt the project. She asked if the barrier in Montebello II is a dead end road? Additionally, she inquired who will maintain the reserve strip? Staff answered the area is not a dead end road and it is anticipated to go thru. Montebello II was approved under the old zoning ordinance that did not have the current ordinance requirement as this requirement just came into effect a year ago. Staff was unaware as to how the street improvements will be. However, if there is curb line sidewalk, then there is excess right-of-way anyway and the extra foot will not be noticed. There would be a foot between the sidewalk and Mrs. Hobson's property if it is a property sidewalk. Sharon Hobson further expressed concerns with people tearing down the fence and trespassing on Mrs. Smith's property. She indicated they do not want this to occur at the ends of these roads. REBUTTAL George Wilhelm commented they would run the curb all the way thru and would not break the curb at the intersection and that should give people a better idea that right now they are not going to be going thru that area. Commissioner Bandelow remarked it seemed having a long straight stretch of cement with no houses behind it or driveways would be more than an unattractive nuisance than anything. Staff said the applicant is responsible for dedicating and improving the full right-of-way even if we do not require them to actually put the sidewalk in. The sidewalk would not be required until there is a need for it and if it is never developed there would not be a need for it. Moreover, the only way to relieve the applicant of that responsibility is to grant either an exception or a variance from full right-of-way improvements. Planning Commission Meeting - July 24, 2003 Page 3 of 9 DISCUSSION Chairperson Lima closed the public hearing and opened for Commission discussion. Commissioner Lonerqan noted the subdivision fits in good with the Montebello I and II; the application looks good and he favored the project. Commissioner Bandelow agreed with Commissioner Lonergan and stated the application meets all the criteria and will be voting in favor of the project. Commissioner Griqorieff concurred as well and indicated she will vote in favor. Commissioner Vancil was also in agreement with his fellow Commissioners and pointed out this subdivision is very well planned with appropriate sized lots and a decent addition to the City. Chairperson Lima had no problems with the application and it is a nice addition to the other phases. Commissioner Bandelow made a motion to approve Subdivision 03-01 application and requested Staff return with a final order with findings and conditions of approval. Commissioner Vancil seconded the motion. Motion unanimously carried. B. Subdivision 03-02, Variance 03-11, Zone Adjustment 03-01, and Property Line Adjustment 03- 04, request for a 24 lot residential subdivision, variance request to the minimum lot depth and width requiremetnt, zoning adjustment on Lot 21 to allow for a duplex on a lot that is not the minimum required lot size of 10,000 sq. ft. and property line adjustment between Lot 22 and property to the east, located on W. Lincoln St., Robert Montgomery, applicant. EX-PARTE CONTACTS None The applicable ORS Statement was read by Staff and a presentation was provided as reflected in the Staff Report. Based on the information in the report, the information provided by the applicant and the applicable review criteria, findings can not be made of Zone Adjustment 03-01 and part of Variance 03-11 that applies to the Variance for duplex on Lot #24; findings can be made for approval of Subdivision 03-02; the other portions of Variance 03-11 and Property Line Adjustment 03-04 subject to the conditions of approval which were listed in the Staff Report. Commissioner Gri.qorieff asked who will take care of the private access? Staff responded the homeowners would be responsible for the private access easement. She further reported the easement is required to be 24 ft. in width and 20 ft. for the improved width and is only allowed to be accessed by four dwelling units. Chairperson Lima questioned whether there will be any police or fire access to that street? He also inquired if parking will be permitted on the private land? Staff replied the Fire Dept. did not have a problem with access to that street but they are requiring addresses for the four lots in the rear be provided at the private access easement where it abuts Cozy Way so that they will be able to find those properties in the rear. She reported parking will not be allowed along the private access easement. The code requires they have a pad to meet parking requirements as well as two cars being able to park within the garage for each of those homes. Commissioner Loner,qan referred to the Variance needed for the orientation of four lots and asked since this is a new subdivision and nothing has ever been plotted there before why do we need to reverse what we are Planning Commission Meeting - July 24, 2003 Page 4 of 9 calling a frontage and why was it not designed that way? Staff answered normally you would just have a flag lot in the rear if you have a private access easement. She further explained the code defines the front property line as the line parallel to Cozy Way. Staff reported when you have more than one lot behind a flag lot, they just ended up being further on the private access easement. Moreover, it makes more sense to have them access the private access easement because they are oriented towards that versus the street. TESTIMONY BY THE APPLICANT Robert Montgomery, 5373 Verda Ln. NE, Keizer, OR 97307 stated he is one of the members of the Limited Liability Corporation. He commented there was some struggle with the property primarily because it is an infill project and were limited as to what could be done on the property. Mr. Montgomery further mentioned the plan before the Commission tonight is the best of all the plans they ended up with because they have the least amount of Variances. Additionally, he made note it is difficult to meet the depth requirement of 100 ft. and a 60 ft. average width when you have infill properties. Mr. Montgomery expressed concerns with Staff's denial recommendation regarding the duplex lot. He explained it really has the same widths the other duplex lots have and the only thing that differs is that it is 310 sq. ft. shy which is why the are requesting the zonin9 adjustment. He indicated you would never be able to get a duplex built on anything built less than 10,000 sq. ft. He asked the Commission approve the Subdivision, Variances and also throw in the duplexes on Lot #24. Commissioner Bandelow asked Mr. Montgomery whether he will be putting duplexes on Lot #22? Robed MontRomery replied affirmatively. TESTIMONY BY PROPONENTS Scott Montgomery, P.O. Box 15090, Salem, OR 97309 referred to the Staff Report comments regarding retaining the trees He mentioned them are several trees that are right in the middle of where the sidewalk is to be placed and he is unsure whether Public Works will allow for a tree to remain in the right-of-way. Although, he would love to save the trees, he is uncertain that will be possible because trees uproot sidewalks and cause problems for Public Works and for neighbors to maintain their sidewalks. The tree located on Lot #19 will be in harms way when they pipe the open channel ditch and he could not guarantee they will be able to save that tree as well as the other trees along that area. Additionally, he seconded Mr. Montgomery's statement regarding the duplex lot #24 and stated it seemed counterproductive to have a Variance application for a duplex lot when you already have sufficient square footage for a single family dwelling. He concurred with the rest of the comments made by Staff regarding the north and south side of the project. Commissioner Bandelow inquired if a number of trees have already been removed from the property? Scott Montgomery responded no significant (6" diameter) trees had been removed. Chairperson Lima asked Mr. Montgomery whether he is related to the applicant? Scott Montgomery answered he is not related to the applicant. TESTIMONY BY OPPONENTS Debbie Bramla,qe, 503 Cozy Way, Woodburn, OR 97071 said her residence is just at the bottom of the road. She mentioned the trees that were already removed from the property were quite a few big trees. She indicated she did not wish to have a duplex put in because that brings renters instead of buyers and she would rather have single home buyers that take care of their property. Additionally, she remarked a precedent would be set if the applicant is allowed to build in spite the fact that they are a few hundred square feet short. Moreover, Mrs. Bramlage questioned why does there need to be so many homes in one area if there is worry about depth and width and trying to make everything jingle and jangle just to put four homes in instead of seven. It was also reported by Mrs. Bramlage the traffic on Hayes is horrendous particularly with Wal-Mart opening Planning Commission Meeting - Jul), 24, 2003 Page 5 of 9 16 up and with people not wanting to use Highway 214 anymore. Moreover, she watches all year long people not stopping for the Nellie Muir students. New homes will generate more students to Nellie Muir and the school does not have enough room as it is for children. She expressed her displeasure with the opening up of Cozy Way because that would increase traffic going from Lincoln St. thru her area especially when Lincoln St. is paved. Mrs. Bramlage reported when she moved into the area they were flooded and ended up suing the homebuilder because all the water had no where to go and it went into their basements. She closed by questioning what will happen when redirection of drainage from the swell to storm drain and connected to the existing culvert? REBUTTAL Scott Montqomery addressed the storm drain issue but felt the other issues were not something he felt he should comment on. He explained they are connecting to a 30" culvert that is along the property line. Mr. Montgomery indicated the Public Works comments addressed this issue and they will be required to provide on-site detention if the capacity of the 30" pipe is not there. They will have to hold all of the increased run off on-site before they release into the 30" storm drain. He explained on-site detention is meant to remove the impact downstream on a storm drain system. Robert Montgomery interjected a 3 ft. storm line has been put in as part of the Lincoln St. improvements and suspected the bulk of his property on the south side will be accessed into that new storm drain which should take most of the pressure off the south side by redirecting it. DISCUSSION The public hearing was closed by Chairperson Lima and discussion opened among the Commissioners. Commissioner Vancil had problems with the entire project and it seemed to him they are trying to stick 20,000 items into a 10 lb. bag. He mentioned the application has too many Variances and felt there are too many lots on too small a space. Commissioner Vancil felt it will not be a positive addition to the City and would vote against the project. Commissioner Bandelow stated although she did not wish to see the Variances for the additional duplex planned, the City does not have an overwhelming number of duplexes and there is a need for that. She believed there is no need to have multiple Variances in order to account for that as it is the Commission's job to see as few Variances as possible. Commissioner Bandelow further noted this type of infill development is something that we are mandated by the State to do and until we fill that area we can not grow on the outside. She further commented the lots are a pretty good size considering they have some Variances in the terms of the way they are going to set these out on the private access. Commissioner Bandelow understood the concerns on Cozy Way, nonetheless, if there is a problem with what is required by Public Works the applicant will be required to do detention. In closing, she said although it is not a perfect plan, there is a need for infill and the applicant planned pretty well for such. Commissioner Bandelow indicated she would vote in favor of the project however, she agreed with Staff that the two duplexes are sufficient and to do additional Variances in order to grant a third is not necessary. Commissioner Lonerqan concurred with Commissioner Bandelow in that we are somewhat limited on what we can do with the infill lots and we do need to move forward on it. He appreciated the effort gone in to the project by the developers and Staff. Commissioner Lonergan felt comfortable that the drainage issue, according to Public Works condition item #22, will be addressed and handled in a satisfactory manner. Reference was made to condition item #2 and he requested a response regarding the request on the trees. Staff reported the condition was written to state that the tree on Lot #22 and Lot #19 be retained until recordation of the final plat. In this manner, Staff and the developer could work together and decide whether to keep the trees or not. It was further explained by Staff the current development ordinance allows the property owner to remove up to three significant trees per year which means the developer could conceivably remove the trees at that time. If for some reason the project never goes forward because of the final plat, at least the trees would stay there until some future time that somebody else wants to do something or we may Planning Commission Meeting - July 24, 2003 Page 6 of 9 1'/' have a tree ordinance at that time that may be in effect. Commissioner Lonerqan concluded by stating he favored the project. However, he wished we had 10,000 sq. ft. lots here and the issue regarding overcrowding on streets and schools needs to be addressed. Commissioner Griqorieff also agreed with Commissioner Lonergan. Moreover, she agreed with Staff's recommendation to deny the Variance regarding Lot #24. Chairperson Lima complimented both the applicant and Staff for the work and effort put forth on the application. Additionally, extra kudos to Staff for trying to preserve the trees which is something he would like to see more often. He encouraged the developers to find a way to preserve the trees because it is a legacy very difficult to replace and certainly could be an enhancement to the subdivision. He also agreed with the comment made regarding crowding City streets and schools. However, he said there are codes, criteria and ordinances that have to be followed and there is very little that can be done if those are met. Chairperson Lima mentioned a comparison between other city codes or ordinances to Woodburn's is unfair. In closing, he stated he would vote in favor of the project even though he would like to see larger lot sizes. Commissioner Loner,qan made a motion to approve Subdivision 03-02 and portions of Variance 03-11 other than t hose t hat a fleet Lot #24 a nd approve Property Line Adjustment 0 3-04 subject t o conditions a nd recommendations by Staff. Commissioner Bandelow seconded the motion. Motion carried with Commissioner Vancil voting No. ITEMS FOR ACTION A_~. Final Order for Variance 03-20, Conditional Use 03-01 and Design Review 03-02, request to expand existing 13,225 sq. ft. main fire station with a 6,197 sq. ft. addition and build a new 4,800 sa. ft. stora_cle buildin.q located at 1776 Newberg Hwy., Woodburn Rural Fire Protection District, ap~)licant. A motion was made b y Commissioner L oner.qan t o accept t he Final Order. Commissioner B andelow seconded the motion, which unanimously carried. B. Final Order for Variance 03-12, Partition 03-02 and Design Review 03-05, request to remodel the 5,400 sq. ft. existing building, construct a 15,400 sq. ft. two story building addition, build a new 48 space parking lot and allow a variance to the street standards on E. Lincoln St., located at 120 E, Lincoln St., Chemeketa Community College, al)l~licant. Commissioner Loner.qan pointed out during the hearing a discussion was had regarding the north parking lot and street light improvements and the applicant verbally agreed to do the improvements. However, that was never part of the motion. Staff indicated they have to comply with the lighting requirements of the development ordinance which contains parking lighting requirements. The street lighting will have to comply with whatever the City standards for street lighting is which they may or may not be responsible for. Commissioner Lonergan noted the Staff Report mentioned lighting was not required because it was going to be a day facility. Staff interjected she is not aware of anything that requires the parking lot to have the lighting just the type of lighting is regulated. Commissioner Vancil recalled the discussion had during the hearing was if the applicant did not light the parking lot somehow it would be secured so it could not be used after dark and the applicant indicated at that time they had no problems with that and they would just carry the lighting on down to match what was being done on the other side but there is no record of that. Commissioner Bandelow also added there were some concerns whether old fashioned lighting would be Planning Commission Meeting - July 24, 2003 Page 7 of 9 18 adequate for a parking lot. Commissioner Lonerqan further commented the Commission was also concerned that the parking lot would be used after dark. Staff explained rule of thumb is if there isn't a code requirement and the Commission does not condition it, there is no assurance it will occur. Staff reported there isn't anything in the Architectural Design Guidelines stating you have to provide a certain amount of lighting. Commissioner Lonergan mentioned everyone agreed however there should be something in writing that states they do it. Staff explained the applicant already needs to submit a revised site plan showing certain things and suggested the addition to that to submit a lighting plan for the north parking lot. He further stated the applicant has the opportunity to appeal the Commission's decision to City Council if they do not agree with it. Although it is not known when Phase II is going to happen and who will be on Staff at that time, the safest way to handle this is to have a condition that makes that clear that they are at least to comply with lighting standards of the development ordinance. This would put Staff on notice to make sure they go back and review that. Commissioner Bandelow made a motion to modify condition item #3 to add subsection D that states show lighting within the proposed northerly parking lot complies with WDO Section 3.107.06. F. 2 and authorize the Chairperson t o sign t he Final Order after S taft h as made t hat modification. Motion w as seconded b y Commissioner Vancil. Motion unanimously carried. DISCUSSION ITEMS There was some discussion regarding 6,000-10,000 sq. ft. lots. Staff indicated the City would never be able to expand their Urban Growth Boundary with 10,000 sq. ft. lots as a standard. Although you could create a zone where you had 10,000 sq. ft. lots, you would have to offset that with higher density elsewhere. Commissioner Vancil requested there be a Planning Commission workshop some time regarding the Transportation System Plan, traffic impact fees, etc. Staff remarked the topic could be addressed under Discussion Items at a regularly scheduled Planning Commission meeting and he could invite Randy Rohman from the Public Works Department to address those issues. REPORTS A.~. BuildinR Activity for June 2003 Bo Plannin~ Project Tracking Street (revised 7-10-03) BUSINESS FROM THE COMMISSION Commissioner B andelow mentioned t he City required t he developers o f t he Joy Village Subdivision t o preserve the huge tree along their property which he did. She reported she assumed the utility company went thru and ripped the whole tree out. Commissioner Bandelow requested an investigation be done to determine who was responsible for that. Staff indicated it is disappointing that somehow it was not brought to Planning's attention. Staff will check into it with the Public Works Department and should have a response for the Planning Commission at the next meeting. ADJOURNMENT Planning Commission Meeting - July 24, 2003 Page 8 of 9 19 Commissioner Loner.qan moved to adjourn the meeting and seconded by Commissioner Bandelow. Motion carried. Meeting adjourned at 9:30 p.m. APPROVED CLAUDIO LIMA, CHAIRPERSON D/~TE ATTEST Jim Mulder, Community Development Director City of Woodburn, Oregon Date Planning Commission Meeting - July 24, 2003 Page 9 of 9 20 8C WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR JUNE 2003 I. CIRCULATION Current: 12,526 Adult: 8,300 Children: 4,226 In-House Use: 1,972 II. INTERLIBRARY LOAN Books Loaned: 1,198 Previous: 2002 11,734 2001 13,306 2000 11,623 III. CCRLS: In-State Special: Books Borrowed: 909 1,198 All Other In-State: 0 0 Out-Of-State: 0 CCRLS: In-State Special: 895 All Other In-State: 11 0 Out-Of-State: 3 REFERENCE Woodburn Refermls Other Total 2003 724 25 724 1,473 2002 777 57 1,212 2,046 2001 864 60 1,033 1,957 2000 731 31 712 1,474 Database Usage: July: 87 October: August: 134 November: September: 228 December: IV. COMPUTER USAGE Adults: 2,236 Children: 984 233 Januaw: 458 April: 480 720 Februaw: 422 May: 915 304 March: 416 June: 572 (notalldata basesincluded) Average per open hours: 9.89 Average per open hours: 4.35 V. LIBRARY SPONSORED PROGRAMS Adults: 0 Children: 26 VI. VOLUNTEER HOURS WORKED 218.75 No. Attending: No. Attending: 0 1,469 VII. FINANCE $1,686.05 VIII. HOLDINGS 77,273 New Adds For The Month of June: 745 IX. PATRON LOAN TYPES 15,808 31 WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR JULY 2003 III. I. CIRCULATION Current: 14,393 Adult: 9,383 Children: 5,010 In-House Use: 2,224 II. INTERLIBRARY LOAN Previous: 2002 2001 2000 Books Loaned: 1,267 CCRLS: In-State Special: Books Borrowed: 1,265 0 All Other In-State: Out-Of-State: 1,123 CCRLS: In-State Special: 1,097 0 All Other In-State: Out-Of-State: 12,662 13,706 12,906 13 13 REFERENCE Woodburn Referrals Other Total 2003 824 37 1,222 2,083 2002 778 73 1,272 2,123 2001 858 70 1,131 2,059 2000 858 45 928 1,831 Database Usage: July: 530 (not all data bases included) Average per open hours: 9.43 Average per open hours: 4.65 IV. COMPUTER USAGE Adults: 2,254 Children: 1,112 V. LIBRARY SPONSORED PROGRAMS Adults: 4 Children: 30 No. Attending: No. Attending: 1,400 1,423 VI. VOLUNTEER HOURS WORKED 230 VII. FINANCE $13,800.14 New Adds For The Month of July: 639 VIII. HOLDINGS 77,002 IX. PATRON LOAN TYPES 15,778 Monthly Statistics: July 2003 WOODBURN August 21, 2003 TO: Mayor and City Council through City Administrator FROM: ~. ~~o~RusselI, Chief of Police SUBJECT: Police Department Statistics - January through April 2003 RECOMMENDATION: Receive the Report BACKGROUND: The attached report lists year to date police department calls for service, displaying statistics by month. DISCUSSION: The statistics have been gathered from the Police Department's new records management system rather than the Consolidated Monthly Report received from R.A.I.N. in past years. As additional data is gathered over the next few months we will be able to provide statistics for comparison to previous years. FINANCIAL IMPACT: None Agenda Item Review: City Admlnlstr~ Clfy Attorney Finance . 23 PAGE Woodburn Po]ice Dept. PL6850 DATE: 8/21/200] TIME: 9:53:00 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU APRIL 2003 SCOT U ORIt: 0R0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR TOTAL AGGRAVATED ASSAULT 5 1 AGGRAVATED MURDER 0 0 ANIMAL ORDINANCES 0 0 ARSON 0 0 ASSAULT SIMPLE 13 8 ATTEMPTED MURDER 0 0 BOMB THREAT 0 0 BURGLARY - BUSINESS 0 0 BURGLARY - OTHER STRUCTURE 0 4 BURGLARY - RESIDENCE 2 3 CHILD ADBANDOMENT 0 0 CHILD NEGLECT 0 0 CiTY ORDINANCE 0 0 C;,IME DAMAGE-NO VANDALISM OR ARSON 1 0 tlr~E~ 1 5 CUSTODIAL INTERFERENCE . 0 0 CUSTODY - DETOX 3 1 CUSTODY - MENTAL 0 0 CUSTODY - PROTECITVE 0 0 DISORDEPAY CONDUCT 3 12 5 DRINKING IN PUBLIC 0 0 0 DRIVING UNDER INFI~CE 6 3 11 DRUG lAW VIOLATIONS 16 12 8 DRUG PARAPHERN~IA 0 0 0 IIWS/REVOKED - FELONY 2 1 3 ELUDE 2 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 EXTORTION/BLACKMAIL 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 1 2 1 FAMILY-OTHER 0 0 0 FORCIBLE RAPE 0 1 0 FORGERY/COONTERFEITING 1 3 3 FRAUD - ACCOUNT CLOSED CH~K 1 0 0 FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 1 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 FRAUD - IMPERSONATION 0 0 2 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 3 0 FRAUD-OTHER 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 50 25 22 GAMBLING - GAMES 0 0 0 C~mLINa - o~mT~ 0 0 0 C.~U~AGg b~I~ 0 0 0 MIT AND RUN FELONY 0 2 1 MIT AND RUN4{ISDE~OR 5 ! 4 ILLEGAL ALIEN - INS HOLD 0 2 1 INTIMIDATION /OT}{ER CRIMINAL THRFAT 4 5 3 KIll, AP - FOR ADDITIONAL CRIMINAL PURPOSE 0 1 0 glllia, P - FOR P, ANSO~ 0 0 0 gllliAP - III-JACK,TERRORIST 0 0 0 KIIIiAP - ltOSTi~g/Stilgl,D OR REltOYAL/DlfllIY #ITNES$ 0 0 0 I, ICl~I~ OP, D~ 0 0 0 0 2 8 0 0 0 0 0 0 1 0 1 12 5 38 0 0 0 0 0 0 0 0 0 0 1 5 2 1 8 0 0 0 0 0 0 0 1 1 1 1 3 0 2 8 0 0 0 0 0 0 1 1 0 0 0 6 26 0 0 14 34 17 53 0 0 2 8 1 3 0 0 0 0 5 9 0 0 0 1 6 13 0 1 0 1 0 0 2 4 0 0 0 3 0 0 40 ]37 0 0 0 0 2 ! 4 0 l0 2 2 14 0 1 0 0 0 0 0 0 0 0 24 PAGE Woodtmrn Police Dept. PL6850 DATE: 8/21/2003 TIME: 9:53:00 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU APRIL 2003 S~U ORI{: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR TOTAL MINOR IN POSSESSION 3 1 3 3 MINOR ON PREMISES 0 0 1 0 MISCELLANEOUS 0 0 0 0 MOTOR VEHICLE THEFT 2 2 1 3 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 OTHER 11 4 8 7 PROPERTY - FOUND LOST MISLAID 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 PROSTITUTION - COMPEL 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 1 0 PROSTITUTION - PROMOTE 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 RECKLESS DRIVING 0 0 2 1 ROBBERY - BANK 0 0 0 0 ROBBERY - BUSINESS 4 0 0 0 ROBBERY - CAR JACKING O, 0 0 0 ROBBERY - CONV. STORE 0 0 0 0 ROBBERY - HIGH~AY 0 0 0 0 ROBBERY- OTHER 0 0 0 1 ROBBERY - RESIDENCE 2 0 0 0 ROBBERY - SERVICE STATION 0 0 0 0 RUNAWAY 3 2 2 2 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 SEX CRIME - EXPOSER 0 1 0 0 SEX CRIME - FORCIBI~B SODOMY 0 0 0 0 SEX CRIME - INCEST 0 0 0 0 SEX ~ - MOI~F~ST {PHYSICAL) 0 0 0 0 SEX CRIME - NON FORCE SODOMY 0 0 0 0 SEX CRIME - NON-FORCE RAPE 0 0 0 0 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 SEX CRIME - (Yl~dgR 0 0 0 0 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 SEX CRIME - SEXUAb ASSAULT WITH AN OBJECT 0 0 0 0 STALKER 0 0 0 0 STOI~ PROPERTY - RECEIVING, BUYING, POSSESSING 0 0 0 1 THEFT - BICYCLE 0 0 0 1 THEFT - BUILDING 1 THEFT - COIN OP MACHIN~ 0 0 0 0 THEFT - FROM MOTOR VEHICLE 4 0 1 0 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 THEFT-OTHER 1 3 2 2 THEFT- PICKPOCKET 0 0 0 0 TH}~FT - PURSE SNATCH 1 0 0 0 THEFT- SHOPLIFT 14 6 7 4 TRAFFIC ORDINANCES 0 0 0 0 TRAFFIC VIOLATIONS 30 10 25 34 TRESPASS 6 8 7 4 VANDALISM 4 9 12 1 VEMICI~ RBCOVERD FOR OTHER AGENCY 0 0 0 0 VXOEATIO{4 OF CO{RT ORDF, R 0 0 1 0 W~ - CARRY O3~ 0 0 0 2 1 0 0 0 30 0 0 0 1 0 0 3 0 4 0 0 0 1 2 0 9 0 1 0 0 0 0 0 0 0 0 0 0 1 1 8 0 5 0 8 0 1 31 0 99 25 26 0 1 2 PAGE Woodburn Police Dept. PL6860 DATE: 8/21/2003 TIME: 9:53:15 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRD APRIL 2003 SCOTTRU ORI{: OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIF~ION JAN FEB MAR APR TOTAL SEX CRIME - OTHER SEX CRIME - PEEPING TOM SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT STAL~tER 0 STOLEN PROPERTY - RECEIVING,BUYING, POSSESSING 0 THEFT - BICYCLE 2 THEFT - BUILDING 3 THEFT - COIN OP MACHINE 1 THEFT - FROM MOTOR VEHICLE 56 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 3 THEFT - OTHER 10 TH~z"T - PICKPOCKET 0 ~"dEFT - PURSE SNATCH 2 THEFT - SHOPLIFT TRAFFIC ORDII%%NCES 32 TPJ~FF IC VIOLATIONS 30 TRESPASS 4 UNKNO~ 0 VANDAL I SM 78 VEHICLE RECOVERD FOR O~ AGENCY 6 VIOLATION OF COURT ORDER WARRANT ARREST FOR OUR AGENCY 0 WEAPON - CARRY CONCEALFD 1 ~ - EX FELON IN POSSESSION 0 WEAPON - O~ 0 WEAPON - POSSESS ILLEGAb 1 WEAPON - SHOOTING IN PROHIBITED AREA 0 WILLFUL MURDER 0 ZONING ORDINANCE 3 I 0 0 2 0 0 0 0 0 0 0 1 0 0 0 0 0 ! 1 2 0 0 0 ] 1 2 6 2 5 8 0 0 0 1 21 25 22 124 1 2 3 9 9 8 ]9 46 0 i 0 1 1 0 0 3 5 7 4 30 27 45 35 139 13 20 32 95 6 7 6 23 0 0 0 0 40 45 45 208 I 5 2 14 0 1 0 1 0 0 0 0 0 0 2 3 0 0 0 0 0 0 0 0 0 1 4 6 0 0 0 0 0 0 0 0 2 11 7 23 523 357 431 465 1776 2003 TOTAL: 523 357 431 465 0 0 0 0 0 0 0 0 1776 2002 TOTAL: 1 0 0 0 0 0 0 0 0 0 0 0 1 2001 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 26 Wooz) t tN August 21, 2003 TO: FROM' SUBJECT: Mayor and City Council through City Administrator ScoYr Russell, Chief of Police'~'/ Silver Falls 911 Consolidation with NORCOM 911 RECOMMENDATION: No Council Action Necessary - Information Only BACKGROUND: As we have reported to you in the past NORCOM 911 Center has been in negotiations with Silver Falls 911 Center regarding their request to have NORCOM provide improved emergency dispatch service to the agencies currently served by Silver Falls Communications Center. The agencies making up the Silver Falls Communications Center ORS 190 organization have voted to close their center by December 2003 and have voted to accept the consolidation terms as presented by NORCOM. DISCUSSION: At the August 20, 2003 NORCOM Board meeting the NORCOM board voted to allow the Silver Falls Communication Center to consolidate with NORCOM, and to accept the proposed agreement between the two ORS 190 agencies. This action does not change the City of Woodburn's ORS 190 agreement with NORCOM. At some point in the future a revised ORS 190 agreement will be brought before the City Council in order to add the former Silver Falls Communications Center Agencies to it. These agencies are: Silverton Police Department, Mt. Angel Police Department, Silverton Fire District, Mt. Angel Fire Department, and Drakes Crossing Fire District. FINANCIAL IMPACT: None, all consolidation and increased service level costs will be the responsibility of the new user agencies, Agonclo Itorn Rovlew: City Admlnistrot~ City Attornoy/V'/~-~ Flnonce~,~? W_.O_0D o.. . 81' August 25, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator N. Robert Shields, City Attorney Doman v. City of Woodburn, LUBA No. 2003-025 RECOMMENDATION: Receive the information. BACKGROU ND/DISCUSSION: I wanted you to be aware that on August 20, 2003, the Land Use Board of Appeals (LUBA) affirmed the City Council's denial of the Doman land use application. LUBA's decision is attached. Assistant City Attorney, Deniece Won, filed the brief and argued the case on behalf of the City. She did a good job. FINANCIAL IMPACT: None. Agenda Item Review: City Administratoff~~ City Attorney Finance 28 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON 3 4 TIM DOMAN, EARL DOMAN, 5 and DONNA DOMAN, 6 Petitioners, 7 8 vs. 9 10 CITY OF WOODBURN, 11 Respondent. 12 13 LUBA No. 2003-025 14 15 FINAL OPINION 16 AND ORDER 17 18 Appeal from City of Woodburn. 19 20 Tim Doman, Earl Doman, and Donna Doman, Woodburn, filed the petition for 21 review. Tim Doman and Earl Doman argued on their own behalf. 22 23 Deniece B. Won, Assistant City Attorney, Woodburn, filed the response brief and 24 argued on behalf of respondent. 25 26 HOLSTUN, Board Member; BASSHAM, Board Chair; BRIGGS, Board Member, 27 participated in the decision. 28 29 AFFIRMED 08/20/2003 30 31 You are entitled to judicial review of this Order. Judicial review is governed by the 32 provisions of ORS 197.850. 33 I::tUG20~03 P~'~ 2-~i9 LUS.q -h- REC'D AUG 2 1 2003 WOOOBURN CITYATTORNEY Page 1 29 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Opinion by Holstun. NATURE OF THE DECISION Petitioners appeal a city decision denying their application for comprehensive plan map and zoning map changes. FACTS Petitioners own a one-acre parcel that is located within the City of Woodburn. The existing comprehensive plan designation for the subject property is Low Density Residential and the zoning designation is Single-Family Residential (RS). The property is generally surrounded by other RS zoned property. The property also adjoins one property with a comprehensive plan designation of High Density Residential, which is zoned Multi-Family Residential (RM). That property is developed with an apartment complex owned by petitioners. Petitioners wish to redevelop the subject property with a similar multi-family development. Petitioners applied for a comprehensive plan map change from Low Density Residential to High Density Residential and a change in zoning from RS to RM. The planning commission held a hearing on the application and recommended that it be denied. The city council held a public hearing and denied the application. This appeal followed. MOTION TO TAKE EVIDENCE After the conclusion of oral argument, petitioners filed a motion asking us to consider evidence that is not included in the local record that the city filed in this appeal. Specifically, petitioners seek to have us consider a newspaper article and a city ordinance granting a comprehensive plan map and zoning map change for another property that petitioners argue is nearly identical to their property. The city ordinance was also attached to the petition for review as an exhibit, and in its response brief the city objected to our consideration of that ordinance. OAR 661-010-0045(1) provides the grounds for motions that request that LUBA consider extra-record evidence: Page 2 3O 1 "[LUBA] may, upon written motion, take evidence not in the record in the 2 case of disputed factual allegations in the parties' briefs concerning 3 unconstitutionality of the decision, standing, ex parte contacts, actions for the 4 purpose of avoiding the requirements of ORS 215.427 or 227.178, or other 5 procedural irregularities not shown in the record and which, if proved, would 6 warrant reversal or remand of the decision. [LUBA] may also upon motion or 7 at its direction take evidence to resolve disputes regarding the content of the 8 record, requests for stays, attorney fees, or actual damages under ORS 9 197.845." 10 Petitioners do not explain, and it is not apparent, which of the permissible grounds for 11 granting a motion to take evidence not in the record they are relying upon, and we do not see 12 that any of those grounds are applicable. In any event, in light of our disposition of this 13 appeal, our consideration of the evidence that is the subject of petitioners' motion would not 14 assist petitioners. 15 The motion to take evidence outside the record is denied. 16 ASSIGNMENTS OF ERROR 17 The challenged decision is a denial of petitioner's application. Therefore, if any one 18 of the independent bases that the city relies on to deny the plan and zoning change request is 19 sustained, then the decision must be affirmed. Lee v. City of Oregon City, 34 Or LUBA 691, 20 693-94 (1998). Petitioners must assign error to every independent basis that the local 21 government relies upon to deny the application. If petitioners fail to assign error to every 22 basis for denial, the decision must be affirmed. Id.; Garre v. Clackamas County, 18 Or 23 LUBA 877, 881, aff'd 102 Or App 123,792 P2d 117 (1990). The city argues that petitioners 24 do not assign error to all the bases the city adopted for denying the application and that the 25 city's decision should therefore be affirmed. 26 Petitioners raise three assignments of error in the petition for review. All three of 27 those assignments of error and the argument in support of those assignments of error occupy 28 a little over a page of the petition for review. It is petitioners' responsibility to allege the 29 facts necessary to support their claim and to adequately develop their legal argument. LUBA 30 does not supply or develop a party's argument for them. Deschutes Development v. Page 3 1 Deschutes County, 5 Or LUBA 218, 220 (1982). Petitioners' assignments of error are 2 inadequately developed for review. The summary of argument portion of the petition for 3 review comes closer to raising cognizable assignments or error. See Freedom v. City of 4 Ashland, 37 Or LUBA 123, 124-25 (1999) (LUBA will overlook a petitioner's failure to 5 include specific assignments of error, where it can discern the petitioner's assignments of 6 error from the argument presented in the petition for review). As far as we can tell, 7 petitioners assign error to the city's findings that petitioners failed to demonstrate that the 8 application complies with: (1) Statewide Planning Goal 10 (Housing); (2) Woodbum 9 Comprehensive Plan (WCP) Residential Land Development Policy A-10; and (3) WCP 10 Housing Goals and Policies G- 1-1. ~ 11 As the city correctly points out, petitioners' application was denied, in part, because 12 the city found that petitioners failed to demonstrate that the request complies with Woodbum 13 Zoning Ordinance (WZO) 16.050(c) and (d).2 The city adopted findings that explain why the 14 city believes WZO 16.050(c) and (d) are not satisfied in this case. Record 14-16. Petitioners 15 do not challenge those findings or provide any other basis for reversing or remanding the 16 decision notwithstanding these findings. In the absence of such a challenge, we must affirm 17 the city's decision. Lee, 34 Or LUBA at 693-94.3 I In their second assignment of error, petitioners assign error to the city "agreeing upon a specific population forecast * * *." Petition for Review 5. We agree with the city that this assignment of error does not challenge any finding or action the city took as part of the challenged decision. 2 WZO 16.050 provides in pertinent part: "Plan Amendment Criteria. Before a Plan Amendment can be made, the [city] must find that the proposal meets the following criteria: "(c) There is a clearly demonstrated public need for the proposed amendment. "(d) The proposal best satisfies the public need." 3 In their conclusion, petitioners appear to raise a claim of bias on the part of the city, although it is not apparent whether that claim applies to the city's staffor governing body or both. In order to demonstrate bias, a petitioner must show that a decision maker or body was incapable of making a decision based on the evidence and argument before them. Halvorson Mason Corp. v. City of Depoe Bay, 39 Or LUBA 702 (2001). In the Page 4 39. 1 The city's decision is affirmed. present case, petitioners do not come close to making that demonstration. Petitioners also assert that their constitutional rights were violated. To the extent that refers to something other than their claim of bias, the claim is not adequately developed for our review. Sparks v. Tillamook County, 30 Or LUBA 325, 330 (1996) (LUBA will not consider constitutional claims that are not supported by legal argument). Page 5 153 Woot) u N IOA August 19, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Randy Rohman, Public Works Program Manager Thorn Street Right of Way Vacation RECOMMENDATION: Adopt the attached ordinance for vacation of the undeveloped section of Thom Street right of way adjacent to Settlemier Avenue. BACKGROUND: The unimproved 50 foot right of way of Thom Street that intersects with Settlemier Avenue varies from 82.77 feet to 99.71 feet in depth. This right of way has not been developed and the east end and south side are the defined boundaries of Settlemier Park. The adjacent property owner to the north has been using a driveway approach from Settlemier Avenue on the north side of the right of way for access for many years. The procedures for vacation of a street right of way are defined in ORS 271.080 through 271.230. By ORS 271.130, the Council, on June 23, 2003, moved by motion to vacate the above section of city street right of way. Notice of the public hearing on the proposed vacation was given pursuant to ORS 271.110. Public notices were published in the Woodburn Independent on July 26, 2003 and July 30, 2003 and individual property owners in the affected area were sent a notice of the hearing. Public notices were also posted at either end of the proposed vacation 14 days pdor to the hearing. The City Council held a public hearing on the proposed vacation on August 11, 2003. There were no objections from any of the property owners in the affected area of the proposed Thorn Street right of way vacation. All legal requirements for the vacation outlined in state statue have been met. DISCUSSION: All legal requirements for vacation of the Thorn Street right of way adjacent to Settlemier Avenue have been completed satisfactorily. Staff recommends adoption of the ordinance vacating the Thorn Street right of way adjacent to Settlemier Avenue FINANCIAL IMPACT: There is minimal impact. The increased lot size may cause a small increase in assessed valuation of the adjoining property receiving % of the vacated right of way. Agenda Item Review: City Administrator' City Attomey/%/t~-'~ Financ~ 34 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THORN STREET LOCATED BETWEEN SETTLEMIER AVENUE AND SETTLEMIER PARK. WHEREAS, on June 23, 2003, the City Council, pursuant to ORS 271.130, directed initiation of the process to vacate a certain portion of Thorn Street as described herein; and WHEREAS, on August 11, 2003, a public hearing was held on this vacation proposal; and WHEREAS, the City Council has considered the public testimony, the staff reports, the need for the proposed vacation and the public interest therein; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City Council finds that due and regular notice of the hearing was published and posted as required by law, and that no valid objections were made at the hearing or filed. The City Council further finds that the proposed vacation will not substantially affect the market value of the property and the public interest will not be prejudiced by this vacation. Section 2. The following described portion of Thorn Street is hereby vacated: Beginning at the southwest corner of Lot 4, Block 9, Park Addition to the City of Woodburn in Section 18, Township 5 South, Range I West of the Willamette Meridian in Marion County, Oregon, said point also being on the north line on Thorn Street; then southeasterly along the north line of Thorn Street 97.91 feet to the southeast corner of Lot 4, Block 9 of said Park Addition; thence southerly along the west line of Third Street 50.00 feet to the northeast corner of Lot 1, Block 10 of said Park Addition, thence northwesterly along the south line of Thorn Street 86.57 feet to the northwest corner of Lot 1, Block 10, thence northerly along the east line of Settlemier Avenue 51.28 feet to the place of beginning. Section 3. That, pursuant to ORS 271.140, title shall vest as follows: The northerly one-half of the vacated right of way will become part of the abutting portion of Tax Lot # 13800, Tax Account #92610-310. Page 1 -Council Bill No. Ordinance No. The southerly one-half of the vacated right of way will become part of the abutting portion of Tax Lot If 12400, Tax Account If92610-280. Section 4. That upon the vacation becoming effective, the City Recorder is hereby directed to file a certified copy of this Ordinance with the Marion County Clerk, together with a map or plat of said property. A certified copy of this Ordinance shall be filed with the Marion County Assessor and another certified copy shall be filed with the Marion County Surveyor. Approved as to form'~' ~,~.z~ ~' ~ / ~ -- '~ O 0 ~' City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 -Council Bill No. Ordinance No. WOODBURN 10B August 20, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator D. Randall Westrick, Recreation and Parks Director~/''p Community Park Master Plans RECOMMENDATION: As recommended by the Recreation and Parks Board, adopt the Legion Park Master Plan and Settlemier Park Master Plan. BACKGROUND: The City's 1999 Parks and Recreation Comprehensive Plan Update identifies Legion Park and Settlemier Park as "Community Parks." According to the Plan Update, community parks are designed to serve broader recreation needs that encompass the entire City. Community parks should include areas for passive recreation such as picnicking and walking and active recreation needing lighted athletic facilities and aquatic centers. Community parks should also include restrooms and vehicular parking. In addition to defining community parks, the update also outlined the need for significant renovations and improvements to Legion and Settlemier Parks. While some recommended improvements have been made, City staff and the Recreation and Parks Board raised concerns that the parks need master plans to assure that future improvements meet community needs and that all park elements properly fit within each park and are harmonious with surrounding neighborhood uses. Within the 2002-03 budget, funds were budgeted to engage a consultant to assist staff and the Board with preparing plans for the two community parks. After reviewing responses to a Request for Qualifications, Moore lacofano Goltsman, Inc. (MIG) was contracted to help draft the plans. DISCUSSION: In February 2003, work on the plans began. MIG collected base information from various City departments and met with Recreation and Parks Department staff. On March 17, 2003, City staff conducted "mini workshops" for the plans at Lincoln and Washington Elementary Schools. These mini workshops were associated with open house activities for families with children enrolled in Afterschool Club. Agenda Item Review: City Administrat City Attorney/~ Financ~/)~ 8'7 Mayor and City Council August 20, 2003 Page 2 On March 20, 2003, the Recreation and Parks Board, with assistance from MIG, conducted an open house and visioning workshop for the plans. This meeting was publicized in local press. The Recreation and Parks Department also distributed flyers announcing this public meeting throughout the neighborhoods surrounding the parks. Nearly 20 people, mostly neighbors, attended these meetings. MIG took the staff concerns expressed in February and the public input provided at the March mini workshops and visioning workshop and developed two master plan alternatives for each park. At the Recreation and Parks Board's May 13, 2003 meeting, the Board hosted a second open house to present the plan alternatives. Following the open house, the Board discussed the alternatives for each park and agreed on final master plans to present to the City Council. Highlights of the plans include: Se fl/emier Pork n Increases parking from 81 to 140 spaces. c] Re-establishes natural creek habitat and connects park to Mill Creek Greenway. n Moves tennis courts from Front & Oak to southern portion of the park. n Creates more picnic areas. n Removes the Youth Activity Center. · The 1999 Parks and Recreation Comprehensive Plan proposes a small neighborhood center at Burlingham Park. This building could be relocated at that site. n Recommends property acquisitions to expand park on Oak Street and Front Street. n Expands playground area and creates separate "age appropriate" areas. [] Allows space for Aquatic Center expansion. · E.G.: outdoor water play area, diving tank, weight & fitness center, etc. [] Develops a paved walking path and signage system to integrate all park elements. [] Preserves historic trees. /egion Pork n Includes plans for passive recreation within the proposed "Van Valkenberg" property to the north. · Plans are flexible fo allow for joint development of a police facility. · Implemenfdion of master plan development does not depend upon acquisition of this property. n Increases developed parking from 80 spaces to 178 spaces. Mayor and City Council August 20, 2003 Page3 a Develops a paved walking path and signage system to integrate all park elements. a Includes reinforced surfaces to withstand heavy uses such as La Fiesta Mexicana. [] Creates a Queen City entrance. a Relocates and expands playground area creating separate "age appropriate" areas. a Redevelops the Park Avenue parking lot to allow for an expanded soccer field and better access into the park. Creates a plaza area connecting stadium, playgrounds, picnic areas, nature study and passive recreation areas. a Develops nature trails and interpretive facilities along Mill Creek. a Builds a new restroom to serve park facilities, not lust stadium. a Adds two new picnic areas. [] Provides a more open and accessible atmosphere. a Preserves Douglas fir grove. FINANCIAL IMPACT: MIG prepared opinions of probable cost for completing all improvements proposed in the plans. The estimate for Legion Park is $2,136,825 and $1,149,740 for Settlemier Park. Following the City Council's approval of the plans, staff will analyze the items listed with the opinions of probable costs to determine what costs are eligible for funding through Systems Development Charges. These costs will be integrated within the SDC methodology and Capital Improvement Plan so that they can be reflected in fees charged. Most costs are eligible for matching funds from the Oregon Parks and Recreation Department's Local Government Grant Program and the National Park Service's Land and Water Conservation Fund. Attachments VOODSURN Incorporated 1889 Help plan the future of Legion Park and Settlemier Park The City of Woodburn is developing master plans for Legion Park and Settlemier Park. The master plans will guide future renovation and redevelopment of the parks. Your input is needed to make certain the master plans reflect the goals of the community. Come to the open house on March 20, 2003 from 5:30 p.m. to 6:45 p.m. at Woodbum City Hall, 270 Mont.qomery Street. There you'll be able to look at drawings and photOs to see what we've learned about each of the parks. Tell us what you have observed about Legion Park and Settlemier Park as they exist today. Stay for the community workshop conducted by the Recreation and Parks Board from 7:00 p,m. to 8:30 p.m. Participate in a discussion about each of the parks. What are your vision and goals for the future of each park? What benefits should each park provide? What changes are needed in each park to better serve the neighborhood and the community? What issues need to be addressed? For mom information, call the Recreation and Parks Department at (503) 982- 5264. 4.0 WOODBURN Incorporated ~88q mPLAN DE AYUDA PARA EL FUTURO DE LOS PARQUES LEGION Y SETTLEMIER___ El gobiemo de la ciudad esta desarrollando planes maestros para su uso en los parques Legion y Settlemier. El plan maestro ser~ utilizado como guia para renovaciones futuras y para planear el desarrollo de parques. De solicitamos sus ideas para asegurarnos de que el plan maestro refleje las metas de nuestra comtmidad. Venga a la sesi6n informativa el 20 de matzo del 2003 de 5:30 PM hasta las6:45PM cn las oficinas del gobiemo de la ¢iu0_n~ (City Hall), 270 Montgomery St. Aht tendr~ usted la oportunidad de observar esquemas y fotograflas asi como aprecinr lo que hcmos aprendido en relaci6n a cada uno de los parques. Diganos sus presentes observaciones acerca de los parques Legion y Settlemier. Despu6s de la sesi6n anterior, qu6dese con nosotros y atienda la reuni6n comunitaria organizada por la Mesa Directiva de Parques y Recreaeiones de 7:00 a 8:30 PM. Participe en las discusiones relaeionadas con eada uno de los parques. /,CuJdes son sus metas y visiones para el futuro de cada uno de los parques? /,Cub. les son los bcneficios que cada parque debiera proveer? £Qu6 cambios son necesarios en cada parque para servir mejor al barrio y a la comunidad? /,Cub. les son las situaciones a enfrentar? Para m~s informaci6n llame al Departamento de Parques y Recreaciones al tel6fono (503) 982-5264. I Ptt.~o~-~-~4 · lax 503-9~Z,.~44 4.1 Wo ODBURN l~icorl, ordl~d ~$$a~ Press Release Contact: Recreation and Parks Department · 270 Montgomery Street · Woodbum, Oregon 97071 Phone (503) 982-5264 · Fax (503) 982-5244 D. Randall Westrick, Recreation and Parks Director FOR IMMEDIATE RELEASE Recreation and Parks Board Seeks Public Opinions for Master Plans Woodburn, Oregon - March 5, 2003 - The Woodburn Recreation and Parks Board is looking to the future for Settlemier and Legion Parks. To start this master-planning project, the Board is conducting an open house and public workshop on Thursday, March 20, 2003 at City Hall. The open house will begin at 5:30 p.m. and the workshop will convene at 7:00 p.m. The open house will feature drawings and photos that portray current conditions at the parks. This portion of the program will be an opportunity for the public to review this information and tell the Board about their observations and opinions of the parks as they currently exist. The workshop, will feature a public discussion about each park. Those in attendance will be asked to share their visions for the parks, describe how the parks should benefit the surrounding neighborhoods and community and prioritize issues that need to be addressed to improve each of these two parks. These meetings are the first step toward developing master plans for Legion and Settlemier Parks. The plans should provide the City with guidance for future development, renovation and operation of the parks. Settlemier Park is approximately 10 acres in size located near downtown Woodburn. Major park features include the Woodburn Memorial Aquatic Center, a lighted softball 4.2 W_OODBURN lncorFor,ated ~85o, Press Release Contact: Recreation and Parks Department · 270 Montgomery Street · Woodbum, Oregon 97071 Phone (503) 982-5264 · Fax (503) 982-5244 D. Randall Westrick, Recreation and Parks Director FOR IMMEDIATE RELEASE Recreation and Parks Board Conducts Park Master Plan Workshop Woodburn, Oregon - May 5, 2003 - The Woodburn Recreation and Parks Board is seeking ideas on ways to improve Settlemier and Legion Parks. To give the public an opportunity to comment on master plans currently under development, the Board will host an open house and conduct a workshop on May 13, 2003 meeting. The open house is scheduled for 6:00 p.m. and the workshop will begin at 7:00 p.m. Both events will take place in the City Council Chamber at City Hall. According to Recreation and Parks Director Randy Westrick, "In March, the Board held an open house and a workshop to ask the public for ideas about how each park might be improved. Our consultant took those ideas and is now shaping them into alternate development scenarios." At the May 13 meeting, the Board will review the alternatives and provide the consultant with instructions to draft plan for each park. The Board will consider final drafts for each park in June. The public will have a chance to review the alternatives in advance of the workshop at an open house scheduled immediately before the workshop. At the open house, alternate plans will be on display for public review. Westrick said the public is encouraged stay and participate in the workshop. More information on the upcoming open house and workshop is available by calling the Recreation and Parks Department at (503) 982-5264. 4.3 field, the Richard Jennings Skate Park, a playground, picnic facilities and the Settlemier Park Youth Activity Center. Legion Park is a 13-acre park located on Park Avenue about five blocks south of Highway 214. Prominent features in this park include the lighted Legion Field Soccer Stadium, a grove of old growth Douglas fir trees, picnic tables, a playground and a picnic shelter. Legion Park also borders the City's Mill Creek greenway. In this section of the park, scientists have uncovered fossils from ice age animals. More information on the upcoming open house and workshop is available by calling the Recreation and Parks Department at (503) 982-5264. WRPD Press Release · August 20, 2003 · Page 2 4.4 WOODBURN 14A August 25, 2003 TO: FROM' SUBJECT: Mayor and City Council through City Administrator ..~ Jim Mulder, Director of Community Development ,:i;? ¢~ Planning Commission's Action on Subdivision 03-01, a request to subdivide Lot 2 of the Woodburn Town Center Plat into 88 single family dwelling lots for the Phase III of the Montebello Subdivision. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On July 24, 2003 the Planning Commission adopted a final order approving the applicant's request to subdivide the subject property into 88 single family dwelling lots for the Phase III of the Montebello Subdivision. The subject property is approximately 20 acres in size, zoned Single Family Residential (RS) and designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. Applicant/Property Owner: Capital Development Company P.O. Box 3487 Lacey, WA 98509-3487 The subject property is lot 2 of the Woodburn Town Center Plat (Case File # SUB 02- 02) and is located east of Interstate 5, west of Harvard Drive, south of Evergreen Road and north of the southern city limit. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrat(~f~' 45 City Attorney/V't~-~ Finance ,¸% WOODBURN 14B August25,2003 TO: FROM: Mayor and City Council through City Administrator / Jim Mulder, Director of Community Development ,'?¢~ SUBJECT: Planning Commission's Approval of Subdivision 03-02, Part of Variance 03-11 and Property Line Adjustment 03-04 and Denial of Zoning Adjustment 03-01 and part of Variance 03-11 RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodbum Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On August 14, 2003 the Planning Commission adopted a final order denying Zoning Adjustment 03-01 and the part of Variance 03-11 that applies to the variance to the lot width for a duplex on lot #24 and approving Subdivision 03-02, the other portions of Variance 03-11 and Property Line Adjustment 03-04. The applicant requested subdivision approval for 10 proposed lots on the north side of West Lincoln Street (1695 West Lincoln Street) and 14 proposed lots on the south side of West Lincoln Street (1510 West Lincoln Street). The applicant requested a variance to the minimum lot depth requirement of 100 feet on lots #3, 4, 6, 7 and 8. The applicant also requested a variance to reduce the minimum interior lot width requirement on lot 18 from 60 feet to 55 feet and reduce the minimum duplex corner lot width requirement on lots #10, 22 and 24 from 100 feet to 80 feet. In addition, the applicant requested a variance to allow the proposed lots #15, 16, 19 and 20 to have the front property line oriented toward the private access easement instead of Cozy Way. The applicant also requested a zoning adjustment on lot 24 to allow for a duplex to be placed on a 9,690 square foot corner lot when a duplex lot is required to be 10,000 square feet. In addition, the applicant requested a property line adjustment between the proposed lot #22, located on the south side of West Lincoln Street, and the existing lot located at 1370 West Lincoln Street. The subject properties are located at 1695 West Lincoln Street, 1510 West Lincoln Street and 1370 West Lincoln Street. These properties are further identified on Marion County Assessor Maps as part of Township 5 South, Range I West, Section 07CB, Tax Lot #8500 and Section 07CC, Tax Lots #4400, 4500, 4600 & 3200. Agenda Item Review: City Administratq~ City Attorney/V'~-) Finance 46 Mayor and City Council August 25, 2003 Page 2 The subject properties (1695 West Lincoln Street, 1510 West Lincoln Street and 1370 West Lincoln Street) are zoned Single Family Residential (RS) and designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre. The properties to the east, west and south (across West Lincoln Street) of 1695 West Lincoln Street are also zoned Single Family Residential (RS) and designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre. Residential dwellings are located on these properties. The properties to the north of 1695 West Lincoln Street are zoned Public-Semi Public and Medium Density Residential (RM) and designated Public Use and Residential Greater than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The Woodbum Fire District Station and Twin Oaks Apartments are located on the properties to the north. The properties that surround 1510 West Lincoln Street and 1370 West Lincoln Street are zoned RS and designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre. Single family dwellings are located on the surrounding properties. The subject properties are flat and located outside of the 500-year floodplain. No wetlands are located on the 1695 West Lincoln Street and 1370 West Lincoln Street properties. The Local Wetland Inventory shows a drainage ditch on the southwest corner of the 1510 West Lincoln Street property. A wetland land use notification form has been sent to the Division of State Lands (DSL) Wetland Program. The applicant will be required to obtain the appropriate removal-fill permits from DSL for any work done in the wetland area. APPLICANT/PROPERTY OWNER: Robert Montgomery owns the 1695 and 1510 West Lincoln Street properties. Charles and Debbie Rosera own the 1370 West Lincoln Street property. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 4.'/' Legion Park & Settlemier Park PARK MASTER PLANS June 10, 2003 IA C O F A N 0 GOtT S M A N , I N C . City of Woodburn Legion Park and Settlemier Park Woodbum City Hall Tuesday, June 10, 2003, 7pm Overview Summary Moore lacofano Goltsman, inc. (MIG) was retained by the City of Woodburn to provide master plan development services for Settlemier Park and Legion Park. A key element to this process was obtaining community involvement as part of the development of the master plans. An understanding of what the community needs and desires is paramount to the MIG process in developing community parks or public spaces that reflects the community's vision and goals. The primary objectives in this process included achieving community input and ownership; integrating the city's policies and long range plans for parks; achieving universal access; balancing the local needs of the neighborhood with the preservation of natural resources; exploring ways to meet normal recreation needs with limited site areas; and to address problematic management issues, such as maintenance issues and impacts to adjoining property owners such as traffic, vegetation encroachment, security and safety. The five-phase master plan process that MIG embarked*on began with the Project Initiation phase. During the first phase, a meeting with the park's staff took place to review the work plan and obtain background information on the two sites. The second phase, Site Inventory and Analysis began with field visits of the two sites accompanied by city staff and Recreation and Park Board representatives. These field visits were vital in order to identify potential opportunities and constraints for future development. This step was also necessary in order to gain a better understanding of the issues and needs of the project. MIG then synthesized the gathered information on both Legion Park and Settlemier Park and developed two thorough site analysis maps. The third phase, Program Development, began with MIG facilitating a workshop and open house for the community, park staff and Park Commission. At this workshop and open house, the site analysis maps were a catalyst for discussion on both of the sites. During the open house, participants were able to post their comments on sticky notes and attach them to the corresponding site. Dave Walters, MIG, Inc. led the visioning workshop where participants voiced their goals and desired benefits for the two parks. A wall graphic was created that documented the comments made. The fourth phase, Development of the Plan Alternatives began with the development of two design concept options for each site. The two park options for each site delineated the passive use areas from the active use areas, circulation patterns, existing and proposed buildings, parking, and drainage features. Also, a comparison of needs against each site's recreation opportunities and constraints took place in this phase. MIG developed the two options taking into account the input gathered from the public workshop and open house. Finally, the fifth phase, Final Draft Plan, which includes the preparation of a draft final plan that describes the size, location and type of all the proposed features. Also, a preliminary opinion of probable costs was prepared to share with city staff and Recreation and Park Board. Brief Narrative for both Final Draft Plans The Legion Park and Settlemier Final Draft Plans are conceptual yet detailed enough to describe the concept of the designs. Legion Park Final Draft Plan Narrative Legion Park is located between Park Avenue and State Highway 214. The park is also bordered by Mill Creek and near the Union Pacific Railroad. The proposed plan for Legion Park includes a total of 243 proposed parking spaces, including 7 handicap spaces. Extending the existing parking lot to the east and north, allows for more parking spaces while providing a more inviting entry. These spaces will be invaluable during both the once a year festival that occurs at the site in August, as well as for the many fans coming to the park to see their sport teams play, including the semi-professional soccer team. There is another small lot for 25 vehicles at the southern end of the park to provide the additional access at this location. A passive use area is proposed for the northern portion of the site, along with a police station and its parking lot. The police station entrance is gated at both ends to ensure optimum security. The soccer field is expanded to the south some to provid~ for a full-length field. Bleachers are proposed to the east of the field and a small concession building and plaza is proposed near the entrance to the park. The stadium is to remain with an entry plaza located on the west side of the stadium. Three different play environments are proposed for the area north and west of the entry plaza to the stadium. The various play areas are intended to meet the needs of different age groups, which the community desired. This plan proposes shelters, picnic tables, and benches, all placed throughout the park for users to relax and enjoy the natural setting. An interpretive center is proposed near Mill Creek as well as a nature trail, which follows the creek and restored bank. Along the nature trail are a series of descriptive interpretive signage. This plan proposes a looped interior pathway system constructed of 12' wide concrete. The path will allow for security and maintenance vehicles to peruse the site easily from one end of the park to the other. Shade trees along the path are located near benches to give park users the opportunity to stop and rest along the path and enjoy the park. A basketball court is located near the parking area with the intent that the multi- use hard surface could also be used for booths at the annual festival, which draws thousand of participants each summer. Finally, the plan recommends that the large dense groves of trees in the southern region of the park be protected, yet reviewed by an arborist for treatment and/or where necessary the removal of diseased trees. Settlemier Park Final Draft Plan Narrative Settlemier Park is located between Settlemier Avenue, Front Street and Oak Street. Its centerpiece is a baseball diamond and the community's swimming complex. Parking is an issue at Settemier Park. The existing aquatic center is in need of many more parking spaces. Consequently, this plan includes two parking areas with a total of 140 parking spaces, including 6 handicap spaces. The plan also includes a proposed 7500 SF "future expansion" to the existing aquatic center. Part of the parking will require the relocation of the tennis courts, which are placed at the South Central Park site. The current building that has housed a teen center will be relocated to another site with better access for youth. Settlemier Park is home to a grove of historic Jesse Settlemie~r trees. The plan recommends for an arbOrist to review this historic vegetation and lake the appropriate action necessary to preserve the trees. During the community involvement process it became evident that areas for different age groups to play was important to the community. Thus, two play environments for different age groups are included in the master plan. This is in addition to the new skate park. A looped interior pathway system is proposed to allow easy pedestrian access to all of the amenities in the park. Places to sit, picnic, and play are important elements of the plan. Finally, the park design looks to be more sustainable by revitalization of a portion of Mill Creek, which parallels the pathway to the north near the baseball field. This will provide additional water quality and storm water detention. 3 Legion Park Master Plan - Woodburn, Oregon O ~Inlon 'obable cost June 10, 2003 DescriptionI QTY. I UNIT I UNIT PRICE I ITEM AMOUNT Demolition/clearing 1 LS $5~000.00 $5,000 Grading 1 LS $30,000.00 $30~000 Erosion Control 550 LF $3.50 $1 ~925 SUB TOTAL $36,925 Concrete sidewalks (12' wide) 97~200 SF $3.50 $340,200 Concrete curbs 1,850 LF $12.00 $22,200 IAsphalt 88,300 SF $2.50 $220,750 SUB TOTAL $583,150 Irrigation system~ complete and in place, 500,000 SF $0.30 $150,000 SUB TOTAL $150,000 Hardy small shade trees, complete and in place (11/2" cal.) 83 EA $250.00 $20,750 Hardy medium shade trees~ complete and in place (2' cai) 8 EA $500.00 $4,000 Groundcover (24" O.C. triangular spacing - 4020 st') 1,160 EA $5.00 $5~800 Hardy evergreen shrubs (5 gal.), complete and in place 14 EA $50.00 $700 Lawn, complete and in place 465,000 SF $0.10 $46~500 SUB TOTAL $77,750 Bench~ complete and in place 16 EA $500.00 $8~000 Trash receptacle~ complete and in place 5 EA $400.00 $2~000 Picnic table, complete and in place 8 E.A $1,000.00 $8~000 SUB TOTAL $18,000 Wood Fibar 12", Fibar System 300 and FibarMats 28~000 SF $4.00 $112~000 SUB TOTAL $112,000 Custom play environment with archeelo~]ical dicJ elements 1 LS $40,000.00 $40,000 Play environement for acjes 5-12 years, complete and in place 1 LS $50,000.00 $50,000 Play environement for a~,es 2-5 years~ complete and in place 1 LS $50,000.00 $50~000 SUB TOTAL $140,000 Interpretive Sicjns 6 EA $500.00 $3,000 Park Sign 1 EA $2,000.00 $2,000 SUB TOTAL~ $5,000 Bleachers near Soccer Field I EA $50,000.00 $50,000 SUB TOTAL $50,000 'Field fences 2~000 LF $15.00 $30,000 Gates at entrances 2 EA $1,000.00 $2,000 SUB TOTAL $32,000 Picnic Shelter (large) 2 EA $80,000.00 $160,000 Picnic Shelter (small) 2 EA $50,000.00 $100~000 Rest room 1 EA $200~000.00 $200,000 Interpretive Buildin(J I EA $200~000.00 $200~000 Concession Building I EA $100~000.00 $100,000 SUB TOTAL $760,000 Water 1,650 LF $25.00 $41,250 Power 1,650 LF $20.00 $33,000 Storm 400 LF $20.00 $8~000 Sewer 1,650 LF $25.00 $4 1 ~250 SUB TOTAL $123,500 Basketball Court I EA $25,000.00 $25,000 su. TOTAL $2S,000 Catch Basins 7 EA $1 ~000.00 $7,000 Area Drains 3 EA $~00.00 $1 ~500 Drainline 1,000 LF $15.00 $15~000 SUB TOTAL $23~500 GRAND TOTAL $2,1:36,825 Voodburrd4-Schom.../Cost Est/Opinion of Probable Cost (Legion Park)l .)ds Settlemier Park - Woodburn, Oregon Opinion of probable cost June 10, 2003 Description I QTY. I UNIT I UNIT PRICE I ITEM AMOUNT :)emolition/clearing 1 LS $5,000.00 $5,000 Grading 1 LS $20,000.00 $20,000 Erosion Control 600 LF $2.50 $1,500 SUB TOTAL $26,500.00 I!) ea~f~ii?i !il i~ii!ii~!i!i! ::!! i!ii!!:: !!! !!!!! ! ?. :: ::i::: :: :: ::::::::::::::::::::: ::i::i::i ii:: ::i iii ::ii!iiiiii i:: !:.!!:::.! ::i::i::ii ~:~::~?:~?:~::~::~i~?:~?:~i~!~?:~!~: Concrete 39,000 SF $3.50 $136,500 Concrete curbs 1,020 LF $12.00 $12,240 Asphalt 48,000 SF $2.50 $120,000 SUB TOTAL $268,740.00 Irrigation system, complete and in place 120,000 SF $0.30 $36,000 SUB TOTAL $36,000.00 . ....................................... ............ ........ ... :.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:...::.:.:.:. ========================================== ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Hardy smaJI shade trees, complete and in place 20 EA $250.00 $5,000 Groundcovef, complete and in place (;24" O.C. triangular spacing - 850 sf) 250 EA $5.00 $1,250 Riparian Vegetation near Creek (5 gait), complete and in place 220 EA $50.00 $11,000 Lawn, complete and in place 100,000 SF $0.10 $10,000 SUB TOTAL~ $27,250.00 Bench, complete and in place 7 EA $500.00 $3,500 Trash receptacle, complete and in place 5 EA $400.00 $2,000 Picnic tabl .e, complete and in place 6 EA $1,000.00 $6,000 SUB TOTAL $11,500.00 ~!~ ~i~ah~ S~i'~i S~'~:~ i i ~i i~i i i~i~i i~i~i~i~i~i~i~?:~iii~i~i i~i~i i~i~iiiiii~iiiiiiiiiiii::ii::i::iiiii::i::ii::i::::::i::~ ::::~ ~::~:~?~?:~ :: ::::::::::::::::::::::::::::::::::::::::::::::::::: ::i~i::i~::ii::i~:: :::::: ::;:: ::::::::::::::::::::::::::::::~::~::::i~::~i::::~:::::::.::i::~::i::~::: :::::.::~::::::~i~i~::~i~::~:::.:::::::.::;::~::~:::i::::~::::?.::~:::::::::::::::::::::::::::::::::: ?::::::::::::: ~:::::::::::::::::::~?~:::: ~::: ~::i:::: :.:::::::~ :::. ~ ~ ::i Wood Fiber 12", Fibar System 300 and FibarMats, complete and in place 17,000 SF $4.00 $68,000 SUB TOTAL $68,000.00 Play environment for ages 2-5 1 LS $50,000.00 $50,000 i Play environment for ages 5-12 1 LS $50,000.00 $50,000 SUB TOTAL $100,000.00 Park Sign 1 EA $2,000.00 $2,000 Interpretive Signage 4 EA $1,000.00 $4,000 SUB TOTAL $6,000.00 Picnic Shelter (sm~ll) 2 EA $50,000.00 $100,000 Picnic Shelter (large) 2 EA $80,000.00 $160,000 Information kiosk 1 EA $20,000.00 $20,000 Restroorn 1 EA $200,000.00 $200,000 SUB TOTAL $480,000.00 X)!i~tiii'tl~{i::i::!ii :: il i i i ::!:: i i :: i ! i i! :: :::: il i :: :::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i:.!!!::!!::::::::::::::::!! !~!i!~iiii~!~i~ ! ~ + :::::: ; ~!~ !~ !!!i! !i .................... !i!!i!!iii!iiii :::.!!: Water 690 LF $25.00 $17,250 Power 800 LF $20.00 $16,000 Stem 500 LF $20.00 $10,000 Sewer 400 LF $25.00 $10,000 SUB TOTAL $53,250.00 Catch Basins 4 EA $1,000.00 $4,000 Area Drains 2 EA $500.00 $1,000 Drainline 500 LF $15.00 $7,500 SUB TOTAL $12,500.00 Tennis Courts 2 LS $30,000.00 $60,000 SUB TOTAL $60,000.00 - GRAND TOTAL $1,149,740 Woodburn/4-Schern.../Cost Est/Opinion of Probable Cost (Settlemler Park)l .)ds City of Woodburn Legion Park and Settlemier Park Open House & Presentation to Board Woodbum City Hall May 13, 2003 Legion Park (Option A & B) The primary difference between Option A and Option B for Legion Park is the recommended use for the northern acquired property. Option A recommends the nodhern acquired property be a passive use area. This passive use area is filled with open grass and surrounded by a sinuous pathway system. Along the pathway are benches and places to picnic, as well as shade trees intermittently. However, Option B recommends the northern acquired property be an active use area filled with an adult baseball field, youth baseball field and one overlapping practice soccer field. Both options propose play areas for different age groups and a looped interior pathway system. The soccer field remains in the existing location in both options and nearby bleachers offer plenty of places to sit and enjoy a match. The parking lots are not the same in each option. Option A recommends two separate parking areas with approximately 180 total parking spaces. Vehicles are allowed to travel through the park to the other parking lot north of the stadium in Option A. However in Option B there is only one main parking lot, which is extended, wrapping aroUnd the northern edge of the soccer field area with a total of approximately 168 parking spaces. Settlemier Park (Option A & B) The primary distinction between Option A and Option B for Settlemier Park is the location of the proposed community center and location of the parking lot to the east. Option A recommends that the community center be located in the northeast corner. This option also favors an extension to the aquatic center to the north. Moreover, Option A proposes that the tennis courts be located in the southeast section of the park near the proposed parking. However, Option B recommends a parking area in the northeast corner of the park with nearby park sign to guide users into the site. This option locates the tennis courts in the southwest area of the park near the west end parking lot. Both options favor the ecological idea of bringing Mill Creek back up to the surface and running a pathway alongside. Both options also recommend two play environments at the northwest corner for different age groups. Comments Settlemier Park: The following is a list of comments made at the May meeting, which pertained to the proposed options for Settlemier Park: · No community center at this site · 7500 SF addition to aquatic center and call it "Future Expansion" · Like the location of the tennis courts in Option B · Provide more parking! · Add a Shelter near the skate area · Like the shelter near the baseball field with picnic tables in Option B · Like the location of the play area Legion Park: The following is a list of comments made at the May meeting, which pertained to the proposed options for Settlemier Park: · Like the location of the police station in Option A · Propose a passive use area in the northern acquired property · Like Option A & B plaza next to the stadium · Add lighted basketball court · No definite decision about tennis courts · Don't like the drive through to second parking area past the play area · Modify far south parking lot to show about 25 parking spaces · Haven't decided weather the Small Recreation Building should stay or go'?. Pubfic Open House Participants Bob Miley Kelvin Zastoupil Frank & Lori Decker Dan & Peggy Dinges John & Linda Sauer Sean Zastoupil Kevin Renner Board Members Participants Richard Hammond Estanislavo Quinones Sharon Felix Rosetta Wangerin Herb Mittman Evan Thomas Rev. Frank Anderson City of Woodburn Randy Westrick, Recreation and Parks Director Consultant Jerry Draggoo, Parks Planner Moore lacofano Goltsman, Inc. 2 I / / / Parking Lot (53 S Interpretive Slgnage/Research Area s Shelter/Overlook Interpretive Center;--~ Reconstructed Ice Age Habitat _Gazebo Shelte_r_and picnic tables--~ ~ Benches along creek side nature trail Restoration of bank Restcoom and shelter Large Arboriculture review, treatment and removal as necessary Picnic areas along path vegetation was removed in order to continue the overall health of the grove Reinforced surface booths along perimeter path 12' concrete perimeter (typical) Regional Trail connection MAY, 2003 STATE HiGHWAy 214 - .' Police Station ..... ~ ~ mall Grove . , ~~1! .' ~ Interpretive Trail with Signage '" RU/ ESIDENTIAL ~.~% ~ // ' / Open Grass Area 2 Play Environments for different age groups ~- - PicnicTables /--- Multi Use path for pedestrians and bicyclists Parking Lot '" - ?' Soccer Field 225x360 Plaza -- Existing Stadium ~ Bleachers Park Sign ess/on, Plaza estrian Walk Gazebo Shelter and picnic tables Parking Lot_ (3'3 Spaces) G~ove SINGLE FAMILY - Service Access Road If acquired, use additional proper~y for maintenance storage 2' CONTOUR INTERVALS SCALE NORTH MIG MASTER PI.AN Option A LEGION PARK CITY OF WOODBURN WOODBURN, OREGON "' ":~STER .PT,&N · CITY' OF WOODBURN :. WOODBURN, ~N City of Woodburn Legion Park and Settlemier Park Community Workshop and Public Open House Woodburn City Hall March 20, 2003, 5:30 3o 9:00 p.m. Introduction One of the most important elements of the design process is input from the local community, gathered at an Open House and Workshop like the Visioning for Legion and Settlemier Parks held March 20, 2003. The informal Open House gave the community a chance to review the existing conditions and potential opportunities shown on plans of each park site. Participants were asked to visit two stations that were set up with various maps and lists of questions and previous comments made by staff and other community members about the two sites. Participants wrote down concerns, observations and future wishes they had for both sites. The site analysis maps were prepared by MIG, Inc., a consulting firm that was hired by the city to help facilitate the open house and to prepare master plans for both sites. Randy Westrick, Parks and Recreation Director for the City of Woodburn, attended the workshop, while David Walters from Moore lacofano Goltsman, Inc. (MIG) facilitated a productive discussion. Summary of Open House There were many comments gathered at the open house for Legion and Settlemier Parks. A majority of the participants felt that the removal of trees at Settlemier Park should be avoided. Many were planted by Jesse Settlemier some 100 years ago, and therefore have real histodc significance. Also, participants expressed the need for even more trees to be planted. In addition, more parking is needed for Settlemier Park. At both parks there is a need for upgrade restroom facilities and improved maintenance. Also needed is more sufficient lighting at both parks. One comment suggested constant patrols are needed for Settlemier Park. Furthermore, participants expressed the need for more connected bike and walking paths through the parks and to eliminate vehicle use through Settlemier Park other than by the City Police. Transcriptions of the open house comments are in Appendix A. Summary of Visioning Workshop David Walters, MIG, Inc., led the group discussion while Lisa Garbett, MIG, Inc. recorded the group's visions on a large wall graphic in front of the room. The discussion was focused around the participant's goals and desired benefits for both Legion and Settlemier Parks. A majority of the participants would like to see programmed signage at both parks. This includes not only signage at the entrance and exit but throughout the park. At the same time, there is also a need to develop a comprehensive planting and maintenance plan for both parks. A tree pathologist is needed at both sites to determine the health of the trees. An overall circulation plan was mentioned as a means to provide unity to the parks. Also, safety was to be priority for the parks, which could occur through more efficient lighting and providing a remote controlled gate for police access after hours. Furthermore, some of the participants expressed a need to open the grove area up in Legion Park to allow for more visibility. At Legion Park there is an opportunity for a riparian education center near the creek. The Fiesta, in the beginning of August has taken place in the park since the 1950's. Moreover, it was discussed that the master plan for Legion Park should take into account this festival and its cultural significance to the community. The Legion Park master plan should evaluate the traffic speed along Park Avenue. It was noted, that if and when the city acquires additional property for Legion Park, this could property could house the police department and a additional park land. One of the most common suggestions for Settlemier Park was the need to improve the circulation system for pedestrians at the park. Also a priority at Settlemier Park is improvements to the overall continuity of the park and addir~'g places to sit and simply enjoy being in the park. In addition, there is a real need to pave the 3rd street entrance. It was mentioned that the gazebo is not very accessible and needs to be relocated. The complete comments from the wall graphic are outlined in Appendix B. The Wall Graphic has been reduced and provided as a color Appendix C Public Open House Participants Bob Miley Steve Newport Herb Mittmann Steve Newport Dan Dinges Peggy Dinges Oscar Morales Jesus Vasquez Javier M Perfecto Sean Zastoupil Kelvin Zastoupil Linda Sauer John Sauer Visioning Workshop Participants Kevin Renner Tanis Quinones Maria Quinones Frank Decker Lori Decker City of Woodburn Randy Westrick, Recreation and Parks Director Consu/tants David Walters, ASLA, Project Manager Moore lacofano Goltsman, Inc. Lisa Garbett, ASLA Moore lacofano Goltsman, Inc. Appendix · Visioning for Legion and Settlemier Park Brochure · Transcription of Open House Comments · Wall graphic reduction from Visioning Workshop 2 APPENDIX A Settlemier Park (Notes in parenthesis refers to the number of mentions) · Do not remove any large trees! The trees are historic and planted by Jesse Settlemier about 100 years ago. Some of the trees are rare and should be cared for and not cut down. Plant shade flowers. (3) · Plant more trees. (2) · Provide more parking for the aquatic center (2) · Provide cleaner restrooms that would draw more family events · Provide more benches and places to sit · Take better care of garden areas · Provide more kids activities and playground areas · Acquire more land for the park if possible · Relocate small recreation building · Improve the sidewalks by the parking lot · Make the aquatic center, back of the building quieter and/or relocate the aquatic center · Close the baseball field and open this area to picnic tables, etc. · Provide bike and walking trails that connect to other parks · Provide indoor tennis courts · Maintain constant patrols for the park · Stop driving in the park · Pave small alley way into the north side of the park (fence and gate that area) · Provide better lighting Legion Park · Develop a fountain like the one at waterfront park in Portland · Provide more lighting · Develop permanent walking paths and a larger playground · Leave most large trees · Need better buffering on south side parking · Provide a basketball court · Provide daytime vending machine access that is secured at night · Provide cleaner and well maintained restrooms that are in better condition · Provide more parking APPENDIX B Community Workshop- Visioning for Legion and Settlemier Parks March 20, 2003 Woodbum, OR (The number in parenthesis that follows a comment, indicates the number of mentions) LEGION PARK GOALS: · Accentuate and take advantage of the environmental opportunities at the creek (2) · Provide more parking, if additional property is acquired · Develop an overall planting/and maintenance plan · Provide places to sit and enjoy the park! · Improve circulation system for pedestrians · Eliminate the hanging oftarps on the fence during games-looks tacky · Improve lighting! · Provide riparian 'education center' structure near the creek · Design the park to accommodate festival more efficiently · Evaluate Infrastructure · Honor historic "Fiesta" that has taken place in Legion Park since 1950 · Improve walking path/provide paved paths throughout the park · Provide garbage cans and think about maintenance plan Develop a signage "program" · Continuity in design is needed Renovate existing locker rooms · Take advantage of opportunity to advertise with tarps that are hung on the fence for games · Provide more parking · Evaluate soccer field design and entrance opportunities · Evaluate traffic speed issues at Park Avenue (children are being used as speed bumps at Park Avenue) · Improve security in the park (provide a "clicker" for the gate for police to access park after hours) · Open up the grove area to allow for more visibility · Hire a tree pathologist GENERAL COMMENTS: · Hispanic population participates in the Fiesta and soccer at the park (these two activities are related) · "Fiesta Americana", begins first week in August · Look at developing a plaza! (Stadium might become plaza area?) · Possibly relocate play structure to central location (maybe have two different play environments) · Lighting towers are in the way, so more field development cannot occur · North-south portion of the site could become a cohesive "area", if additional property was acquired · Acquired property could house police department/and plaza SETTLEMIER PARK GOALS: · Welcome the users of the park through signage (Theme Signs, Monument Sign and programmed signage) (2) · Expose the creek! (2) · Develop walkway connectivity (2) · Pave the 3rd street entry into the park · Hire a tree pathologist · Develop an overall circulation pattern · Provide a play area for pre-school age kids · Develop an overall planting/and maintenance plan · Develop a quiet area by the creek and incorporate a fishing pond · Provide places to sit and enjoy the park! · Improve circulation system for pedestrians · Provide a sand volleyball court · Provide covered picnic areas · Improve gazebo accessibility/relocate gazebo to more suitable area · Re-locate tennis courts · Improve lighting! · Provide basketball courts · Improve security at the park · Evaluate alley treatment GENERAL COMMENTS · Evaluate good picnic locations · Think about the growing population (35,000 citizens by the year 2020 is estimated) · Potential acquisition might become parking area · 50 more parking spaces are needed for.aquatic center · Tennis Courts should stay · Keep the play area location-people like to be able to see there kids at the play area and watch the game at the same time Additional Comments for both parks · There is an opportunity to drive around, but maybe not park your vehicle in the parks · Provide creative signage at both parks 03-17-03 MINI WORKSHOP - WASHINGTON ELEMENTARY SCHOOL Settlemier Park O O 0 Security · More frequent police patrol (3) · Volunteer parent patrol · Security · Run off loitering individuals Lighting (7) · Lighting on bike path & parking lot (3) · More interior park lighting · More lights, cut down some trees Fence off private property Better restrooms (3) · Clean (2) Water (drinking) fountain (2) Picnic area · More covered areas · Covered picnic area · Larger gazebo w/picnic tables Lighted basketball · Better basketball court (3) More bleachers for baseball field Connect with better walkways/paths · Walking/jogging path · Intermingle entire park Better grass More park benches Less big trees · Less trees, more flowers · Cut trees to see sunlight · Plants & flowers Play fountain Playground. · More playgrounds · Fix the playground Legion Park Fountain (2) · Drinking fountain [a Full yard a Lighting (6) · Lots of lights · Light on back of stadium · More light ca Community programs for families ca Security · Bright colors for buildings (draw people's attention to the 'park, bad people stay away) · Scary area behind stadium · Make the park more safe · Volunteer parent patrol ca Walking/jogging paths · Walking path · Better path, have it lighted · More hiking trails o More work on park c~ Cut trees on back · Thin trees for more open space ca Playground (2) · Better playground (5) · Bigger playground · Updated playground · Better location · Fix the playground (2) ca Basketball court (5) ca Better volleyball court · Volleyball net ca Picnic area ca Museum for bones n Fix up stadium Q Better restrooms (2) · New & clean · Clean o Swimming pool to ease crowding ~ Settlemier ca Bigger parking lot · Lighting o Flowers & grass ca New Teen Ctr. Bldg. (2) o Nexturfon soccer field 03-18-03 MINI WORKSHOP - LINCOLN ELEMENTARY SCHOOL Settlemier Park ca Better lighting (4) · Parking lot lighting (2) ca Clean parking lot n Constant security · Improve security · Police patrol (2) · Less undesirables hanging out (2) rn Basketball court (6) · Basketball w/lighting a More covered picnic areas · Better picnic equipment ca More trees ca Environmentally friendly ca Larger play area (3) · Change playground location · Clean/updated playground · Playground separated from homes · Children's play structure ca Make park less scary · Create a more friendly/open atmosphere · Remove some trees · Make it look happy not scary · More flowers! (good Eagle project) ca Drinking fountain (2) ca Directional signs from 214 · Park signs that broadcast location ca Expand park toward pool & tennis cts. ca Bikes should be allowed in skate park ca Like it the way it is ca Updated/youth building · Teen Center great ca Outdoor bulletin board for game schedules ca Restricted summer time hours ca Make parking lot bigger (2) · Bigger WMAC parking (2) ca Better grass (2) · Level dirt/plant grass · Sprinklers 'ca Connect park to pool (2) ca Biking/hiking trails (4) · Directional signs · Park map signs at entrances · Pedestrian friendly ~ · Bike racks Legion Park ca Take some trees out · Airier & more open ca Make it look happier [] Too closed in - need to open up ca Remove the fence around the parking lot ca New improved play structure (4) · Move the playground to more open location · Better lighting at play area · Trees behind play area make it scary (strangers lurking in trees) · Softer playground surface - chips · Small, child friendly swing/jungle gym/slide area · Add kids play gym to picnic area · Add more children's play areas · Playground with large climbing structure and swings ca Put fence around creek c~ Monument showing Woodbum's history o Landscaping additions [] Park needs to be more open ca Security patrols for drugs/gangs · People met me at the gate demanding my purse · Vicious dogs · People need to feel safe - not confined [] More areas for barbecue (2) rn Promote kid art [] Bike/hiking trails (2) · Bike racks [] Water fountain play/area rn Drinking fountain (2) ca Move Fiesta Mexicana c~ Picnic area (2) · Open picnic area to be part of playing fields ca Concert area [] Update adds at baseball field [] Litter patrol & control ca More lighting (5) · Make the parking lot brighter · More lighting in treed area ca Basketball court (2) [] Updated restrooms (4) -Settlemier Park More/better restrooms · Restrooms w/more visibility so its not scary to use them · Cleaner/neater rcstrooms Encourage families to use park · Larger play structure to attract families More inviting n More family activities- especially during vacation More benches Wading pool w/fountain tn Graffiti art · Less random art Legion Park · Paper towels/not hand dryers · Restrooms need more stalls · Restrooms need better lighting · Restrooms are always dirty and gross n Sturdy steps to announcer's booth (stadium) Educational outside classroom for archaeology tn Better access to N. baseball field from parking lot [] Off street parking [] Increase parking Give incentives to neighbors to help make park more attractive - Dumpy apartments [] Classier area- more cultural festivities/concerts NO0:I~IO 'N~nflaOOM ~nflaOOM ::!0 AJ. 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