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Agenda - 09/08/2003 WOODBURN CITY COUNCIL AGENDA SEPTEMBER 8, 2003- 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Beginning Sunday, September 7, the Woodburn Public Library will be open again on Sunday afternoons from 1:00 p.m. to 5:00 p.m. through May 23, 2004. The Celebration of Mexican Independence (September 1 &) will be held on September 13 and 14 in the Woodburn Downtown area. There will be family and cultural activities, mariachis, food, games, and prizes. There will be activities both days from 10 a.m. to 9 p.m. with the main event, Celebration of Grito, at 7 p.m. on the 14th, Co Special Election, September 16, 2003: Woodburn City Hall is a designated Marion County ballot drop site during regular business hours. 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. Eo There is one vacancy on the Recreation and Park Board. If you are interested in serving on this board, please call City Hall at 982-5228 for an application. Appointments: None. · 'Hdora int~rpretes ~isponib[es para aquf[[as personas que no bdo[an Ing/~s/prevfo acuer~o, comuniquese a[ (5o3) 98o-:2-485." September 8, 2003 Council Agenda Page i e e e Be PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public fo introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may De enacted Dy one motion. Any item may be removed for discussion af the request of a Council member. A. Woodburn City Council minutes of August 25, 2003, regular and executiVe sessions Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Planning Commission minutes of August 14, 2003 Recommended Action: Accept the Woodburn Planning Commission minutes. C. Woodburn Public Library Board minutes of August 13, 2003 Recommended Action: Accept the Woodburn Public Library Board minutes. D. Woodburn Aquatic Center Revenue Comparison Recommended Action: Receive the report. E. Building Activity for August 2005 Recommended Action: Receive the report. F. Planning Project Tracking Sheet dated September 4, 2003 Recommended Action: Receive the report. Council Agenda Page ii September 8, 2003 9 21 24 25 26 e 10. 11. G. Crime Statistics Comparison 2002-2003 Recommended Action: Receive the report. He Street Closure Notification - Mexican Independence Day Celebration Recommended Action: Receive the report. Completion of Financial Management System Conversion Recommended Action: Receive the report. TABLED BUSINESS None. PUBLIC HEARINGS ke Supplemental Appropriation and Contingency Transfer Recommended Action: Direct staff to return an ordinance reflecting the Council's decision following the hearing. GENERAL BUSINESS kJ Council Bill No. 2471 - Resolution authorizing an interfund loan from the traffic Impact fee fund to the general fund capital Improvement fund Recommended Action: Adopt the resolution. Council Bill No. 2472 - Ordinance adopting a supplemental budget for fiscal year 2003-2004 and declaring an emergency Recommended Action: Adopt the ordinance (if consistent with Council direction from Item 10A). Ce Community Park Master Plans Recommended Action: Review, comment, and adopt the Legion Park Master Plan and Settlemier Park Master Plan. Do Extension of Liability Insurance Coverage Recommended Action: Approve the City's role as coordinator and the use of property owned by the City for the Viva La Independence Celebration to be held September 13 and 14, 2003; authorize extension of the City's liability insurance to owners of the parking lots to be used by members of the public attending this event. 3O 33 35 37 39 43 46 5O September 8, 2003 Council Agenda Page E. 52 Contract Award for Aquatic Center Chemical Handling Rooms Building Recommended Action: Award contract for the Chemical Separation Building to Daneal Construction Company in the amount of $68,425.00. Approval of Assignment of Contract Funds of BMT Northwest, Provided of Steel Tanks, to Southwest Escrow Company Recommended Action: Authorize the City Administrator to execute, on behalf of the City, the "Assignment of Contract Funds and Consent Thereto," furnished as Exhibit "A" in the BMT letter dated August 29, 2003. 54 12. PUBLIC COMMENT 13. NEW BUSINESS 14. 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. A. Planning Commission's approval of Planned Unit Development 02-03, Phasing Plan 02-01 and Variance 03-19 (Meridian Drive) 57 Planning Commission's approval of Variance 03-14 (Variances A, B and C) located at 310 Broadway Street 59 Ce Planning Commission's approval of Design Review 03-09 & Variance 03-22, a proposal to construct a 4,020 square foot building in the Commercial General (CG) zoning district. A variance was also requested to reduce the minimum drive- through and by-pass lane widths (northeast corner of Lawson Avenue and Stacey Allison Way) 61 De Community Development Director's approval of Design Review 03-07, a proposal to convert a portion of the "Woodburn Community Market' to a rental/dance hall (2225 N. Pacific Highway) 62 Community Development Director's approval of Design Review 03-15, a proposal to expand the Willamette Broadband telecommunications building by 934 square feet (635 Ray J. Glatt Circle) 64 September 8, 2003 Council Agenda Page iv F. 65 Community Development Director's approval of Design Review 03-14 located at 400 Woodland Avenue (Winco Foods) 15. CITY ADMINISTRATOR'S REPORT A. Settlemier Avenue Water Line Project- Oral Report 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION Ao 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 performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (1)(i). 18. ADJOURNMENT September 8, 2003 Council Agenda Page v 8A COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 25, 2003. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor MeCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Recreation and Parks Director Westrick, Finance Director, City Recorder Tennant 0041 ANNOUNCEMENTS. A) Music in the Park 2003: The last musical performance for this year will be held on Tuesday, August 26*, with Joni Harms & Company performing at this event. B) Holiday Closures: City Hall and the Library will be closed on Monday, September 1st, in observallce of Labor Day. The Aquatic Center will be open on Labor Day from 11:00 am until 5:00 pm. C) Public Hearing: Continued public hearing date set by the Council on the appeal of Design Review 02-12 and Variance 03-01 (Coastal Farm Supply Expansion) is September 22, 2003, 7:00 p.m., in the City Hall Council Chambers. 0093 APPOINTMENTS. Mayor Figley appointed Para Kilmurray as the citizen appointee to the Sign Ordinance Focus Group and stated that all the positions are now filled so the group can begin their work. 0151 PROCLAMATION: WORLD CLASS WOMEN'S SOCCER. Mayor Figley stated that some of the World Cup semi-finals games will be played in Portland and, as a result, some of the teams from around the world have come to this area early in order to train and do exhibition games around the greater Portland area. Woodbum will be hosting one of the exhibition games on September 1, 2003, 1:00 p.m., at the Woodburn High School athletic field. Prior to this game, a Woodburn girls soccer team will be playing a girls soccer team from Tigard and the public is encouraged to Page 1 - Council Meeting Minutes, August 25, 2003 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING attend both of these games. In recognition of the world class athletes coming to Woodburn, Mayor Figley proclaimed September 1, 2003 as Women's Soccer Team Day in Woodbum and she encouraged the public to welcome world class women's soccer to our community. 0324 WOODBURN DOWNTOWN ASSOCIATION C~qDA) REPORT. Bruce Thomas, WDA President, updated the Council on the following events: 1) The last Music in the Park performance for 2003 will be held on August 26t~ and he reported that this event continues to grow in attendance with the August 19th performance drawing as many as 400 people. 2) Saturday Market is doing well with the gross income taken in by the vendors being higher this year than last year. 3) Last Saturday the WDA began a Food Drive to try and raise 500 lbs. of non-perishable food to be presented on September 13th to the Woodburn Food Bank. Organizers of the Mexican Independence Celebration Day event had requested that non-perishable food items be donated to the Food Bank in lieu of charging admission fees and the WDA decided that they would organize a food drive in advance of the event. Donations will be accepted at the Saturday Market between now and September 13th. 4) The wind fi.om the trains are causing tremendous damage to the lights in the trees along the railroad track. When the leaves fall off the trees this fall, WDA will be trying to re-configure the lights so that the damage, if any, will be minimal. 5) On September 13 and 14, 2003, the Mexican Independence Celebration Day will be held in the downtown plaza and Library Park. This is a first-time event but he felt that it will be successful. WDA is trying to get enough volunteers to man a booth for the purpose of sharing information with the public on the WDA. 6) Lastly, a membership drive for WDA will be held during the month of September. 0591 LETTER FROM MID-VALLEY GARBAGE & RECYCLING ASSOCIATION: CURBSIDE FOOD DRIVE. Mayor Figley stated that the 8a~ Annual Curbside Food Drive will be held during the month of September 2003 and residents will receive a plastic bag for donations of non- perishable food items. 0630 CONSENT AGENDA. A) approve Council regular and executive session minutes of August 11, 2003; B) accept the Planning Commission minutes of July 24, 2003; C) receive the Library monthly reports for June and July 2003; D) receive the Police Department statistics for January through April 2003; E) receive the informational item on the Silver Falls 911 consolidation with NORCOM 911; and Page 2 - Council Meeting Minutes, August 25, 2003 2 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING F) receive the information on the Doman v. City_ of Woodbum LUBA No. 2003-025. Councilor McCallum questioned if the Planning Commission had received any information from staff regarding the removal of a large tree on Boones Ferry Road within the improvement project area. Administrator Brown stated that it was his understanding that the Commission has indicated to the Planning Director that they wanted to convey some information to the Council regarding their feelings on this particular tree item. He has asked the Community Development Director to hold that information until such time as the Zoning Ordinance is brought back before the Council which should be within the very near future. The Council will be discussing tree protection as part of the zoning ordinance updates. NICHOLS/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0830 Bruce Thomas stated that he had failed to mention that the Food Bank has an extreme need for food at this time of the year which is why other groups are initiating food drives in the area. Councilor Bjelland mentioned that the WDA Food Drive during Saturday Market is separate from the Curbside Food Drive sponsored by the Mid-Valley Garbage and Recycling Association. 0909 COUNCIL BILL 2470 - ORDINANCE VACATING A PORTION OF THORN STREET LOCATED BETWEEN SETTLEMIER AVENUE AND SETTLEMIER PARK. Councilor Sifuentez introduced Council Bill 2470. Recorder Tennant read the two readings of the bill by title only since there were no objections fi.om the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2470 duly passed. 0987 COMMUNITY PARK MASTER PLANS. Director Westrick stated that the 1999 Parks & Recreation Comprehensive Plan update recommended a number of improvements to Settlemier and Legion Parks. The Board felt that master plans were needed to meet the community needs and recommended to the Budget Committee funding of a consultant to assist the Board and staff in plan preparation. The 2002-03 budget included funding for a consultant who began work on this project in February 2003. The City conducted a fairly extensive series of workshops and open houses to publicize what is needed, to develop a vision, and eventually prepare plans for Settlemier Park and Legion Park. The consultant, Moore Iacofano Goltsman, Inc (MIG), developed Options A and B for each park. The Board reviewed the options and agreed upon a final plan for each park for Council consideration. The Legion Park plan also looked at expanding the park area to the west that abuts the northern end of the Page 3 - Council Meeting Minutes, August 25, 2003 3 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING park that is being considered for purchase by the City. It was noted that the Board felt that there was a need for more open play area that is not dedicated for a specific athletic purpose. Other features on the Legion Park plan provide for new accesses into the park and additional off-street parking, a plaza behind the stadium, age appropriate playgrounds with the archeology theme, resource area along Mill Creek, an archeology interpretive facility, walking paths and an improved signage system. The Settlemier Park plan would include a sign kiosk to direct park visitors to the various park facilities. The Board also recommended a proposed expansion of the parking area in fxont of the Aquatic Center where the tennis courts are now located and the tennis courts would be moved to the area now occupied by the Drop-In Center (southwest portion of the park). The proposed plan would extend Settlemier Park to Oak Street requiring the acquisition of private property. The open area on the north side of the Aquatic Center is reserved for future expansion of the aquatic facility but no definite plans have been identified for this site. The Mill Creek tributary flows along the southern section of the park and it is proposed that this portion of Settlemier Park become part of the greenway. Councilor Nichols expressed his opinion that the plans look good and the park improvements will enhance the community, however, he was concerned about placing bleachers on the east side of the athletic field since the late afternoon/early evening sunlight limits a person's ability to see the athletic event taking place at that time. He suggested that the stadium facing the east be expanded to the north and south. Councilor McCallum stated that the east side bleachers have normally been assigned to the visiting team spectators rather than placing both the home and visitor spectators in the same seating area. Councilor Veliz questioned if the basketball courts will be installed at the parks since the court that was at Settlemier Park has been removed and the City should not rely on the schools to be the only location in which basketball courts are available for use by the public. Councilor McCallum expressed a concern on the impact park facilities have on the neighborhoods especially in the Legion Park area since event parking generates a lot of on-street parking issues. Director Westrick stated that the Board took parking issues into consideration when developing the proposed plans. In regards to existing trees, the Board would like to hire a professional arborist to assess which trees are healthy and which trees may need to be removed to protect park visitors. Councilor McCallum questioned as to where the Teen Center at Settlemier park will be relocated at if the parking lot redesigned. Director Westrick stated that the master plans are 20-year plans and it is hoped that a new Community Center would house a Teen Center. The Comprehensive Plan calls for a small neighborhood facility at Burlingharn Park and it may be feasible to move the modular unit to that area. Page 4 - Council Meeting Minutes, August 25, 2003 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING 2200 2664 Mayor Figley was pleased to see that the plan addresses the inadequacy of the Settlemier Park parking area and that the plan does provide for connectivity between the park and the Aquatic Center. Director Westrick stated that the master plans will provide a map for the future general direction of the parks. The plans on display are a combination of Option A and Option B which are included in the proposed plan document. Copies of the plans recommended by the Board will be provided to the Council since those plans were inadvertently left out of the document. Councilor Cox requested that the adoption of the plans be postponed until such time as the recommended plans are provided to the Council in addition to some text that would discuss the Board's final recommendation since this document is a long range plan. Councilor Bjelland also stated that the Board's recommended plan for Settlemier Park indicates that the proposed Community Center site at the comer of S. Front St. and Oak Street is not a viable location for this facility and the Council needs to understand the consequences of any adoption and future siting of the Community Center. Director Westrick stated that the Board did not feel that Settlemier Park was a good place for the Community Center, however, they were willing to listen to ideas of the Community Center committee and would consider recommending changes to this plan. Linda Sauer, 402 Oak Street, stated that she and her husband John have lived at that location for over 30 years and they feel that the park plans are great. For many years, Settlemier Park was very nice and well used by people. Then there was a time in which it declined and the landscaping was not as nice in addition to other problems at the park. Once again, the park is on an upswing and the plans are wonderful. She did not object to the placement of a Community Center in the park as long as it was not in her backyard, and urged retention of the tennis courts in Settlemier Park. Lastly, there has been a little issue with their fence agreement with the City but she commended the City Administrator in his working with them to locate the original agreement. 2930 PLANNING COMMISSION ACTIONS. A) Planning Commission's approval of Subdivision 03-01: Subdivides Lot 2 of the Woodbum Town Center Plat into 88 single-family dwelling lots for Phase HI of the Montebello Subdivision. No action was taken by the Council on this land use action. B) Planning Commission's approval of Subdivision 03-02, part of Variance 03-11, and Property Line Adjustment 03-04; Denial of Zoning Adjustment 03-01 and part of Variance 03-11: Proposed subdivision located at 1695 West Lincoln Street, 1510 West Lincoln Street, and 1370 West Lincoln Street. No action was taken by the Council regarding the Planning Commission's decision. Page 5 - Council Meeting Minutes, August 25, 2003 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING 302~ CITY ADMINISTRATOR'S REPORT. A) Emergency Preparedness - Water System during power outages. Public Works Director Tiwari reported that communities along the east coast had recently experienced a variety of power outages that were both planned and unplanned and, as a result, it was determined that a report on Woodburn's emergency preparedness would be appropriate. Over the years, Oregon has also experienced blackouts and brownouts and our prior Councils have directed staffto take necessary measures to be prepared for future blackouts and brownouts. As a result, all but 1 of the City's 7 water wells have an auxiliary power system thereby allowing us to maintain the domestic water supply to our residents. Additionally, auxiliary power systems are located at the wastewater facility and our emergency communications facilities. He assured the Council that the auxiliary equipment is routinely maintained and operated to make sure that the equipment is fully operational in the event an emergency arises. Councilor McCallum questioned as to how residents will be notified of emergency situations. Director Tiwari stated that, in the past, residents have been notified of water shortages through newspaper articles and public announcements. Police ChiefRnssell stated that the City's Emergency Operations Plan calls for not only cable TV interruption but also emergency warning announcements over the radio. The police cars do have loud speakers which would be used to alert neighborhoods of an emergency situation. Generally, an emergency operation is done in conjunction with the Fire District which includes utilization of their Special Emergency Response Team (SERT) volunteers who are neighborhood specific to give information to residents in their neighborhood. An incident commander has the initial responsibility to deal with an emergency until such time as a quorum of the Council is available to make the official determination. B) City Administrator's Evaluation: Administrator Brown stated that he will have been with the City for 5 years as of September 2003, therefore, he will be distributing evaluation materials to the Council later this week so that the Mayor and Councilors can take time to complete his performance evaluation. An executive session will be scheduled for the next regular meeting. 3888 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he was told previously that a basketball court would be constructed at Burlingham Park but, to date, no work has begun on this project. He questioned as to when the City plans on constructing this outdoor facility. Director Westfick stated that he would look into matter and report back to the Council. Page 6 - Council Meeting Minutes, August 25, 2003 6 COUNCIL MEETING MINUTES AUGUST 25, 2003 TAPE READING Councilor Veliz reminded the public that school will be re-opening next week and students will be walking to and from school. Councilor McCallum thanked the department heads who submit statistics for Council review since this information is very helpful in keeping them up to date on what is happening within their department and within our community. Mayor Figley stated that she would be on vacation later this week and all of next week. 4157 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session pursuant to the authority of ORS 192.660(1)(e) to conduot deliberations with persons designated by the governing body to negotiate real property transactions and ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. 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 8:05 p.m. and reconvened at 8:38 p.m. 4189 Mayor Figley stated that no decisions were made by the Council while in executive session. 4230 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:39 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Meeting Minutes, August 25, 2003 7 Executive Session COUNCIL MEETING MINUTES August 25, 2003 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 25, 2003. CONVENED. The Council met in executive session at 8:09 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Councilor Veliz Present 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, City Attorney Shields, City Recorder Tennant Media Present: John Gervais, Woodbum Independent (left executive session at 8:30 pm prior to discussion of ORS 192.660(1)(d)) 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; and 2) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 8:37 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 25, 2003 8 8B WOODBURN PLANNING COMMISSION August 14, 2003 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Lima P Vice Chairperson Young A Commissioner Vancil P Commissioner Grigorieff P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Victor Rodriguez, Associate Planner Chairperson Lima provided an opening statement for Public Hearing. MINUTES A. Woodburn Planning Commission Minutes of July 24, 2003. Chairperson Lima referred to page 3, line 7 and indicated the year should be 2020, not 2000. Commissioner Lonerqan moved to approve the minutes as amended. Commissioner Bandelow seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A_.~. Woodburn City Council Minutes of July 14, 2003. B._~. Q & A Session - Randy Rohman, Public Works Department. Randy Rohman, Public Works Department informed the Commission he is present tonight to try to answer any questions the Commission may have. Commissioner Mill requested clarification regarding the removal of the Shell Station property with the interchange expansion for Highway 214 and the Shell property being removed. Randy Rohman reported ODOT is currently finalizing a project to add a right turn lane in front of the Shell Station and is scheduled to go out to bid in May 2004 for construction next summer. He further stated as a part of that project ODOT will be purchasing all the access that currently exists on the north side of Highway 214 from the interchange to Evergreen. As a portion of that, the Shell Station are in negotiation with ODOT right now to purchase that station as it will be basically rendered unusable due to the requirements of the right turn lane and the restriction of access. Chairperson Lima asked for an update pertaining to the widening of Highway 214. Randy Rohman informed the Commission the widening of Highway 214 is broken into two segments. The interchange project that is currently in an environmental assessment; the Citizens Stakeholder Working Group has completed the initial part of that and have selected two alternatives. Following the Stakeholder Working Planning Commission Meeting - August 14, 2003 Page 1 of 12 9 Group will come back and select one of the two alternatives. He indicated both alternatives include a 4-lane widening of Highway 214 back past Colonial Gardens between the existing Colonial Gardens and the Fire Station as part of the interchange widening project. Moreover, he recalled funding appropriated from Federal FYO5 will be available for an environmental assessment sometime after October 1,2004, which would be the first step in the widening. Mr. Rohman remarked ODOT and the City feel there is good feeling about potentially funding the remainder of the interchange project. Currently there is about ten million dollars committed to it and there is need for about another thirty million dollars to complete all of the work. However, the funding for the Highway 214 widening is a little hazy but it is included as part of potential Urban Renewal funding for a portion of it but the funding is not enough for the entire part. The important first step is to get the environmental process done because that will bring a final alternative that will be used for design and is one of the steps that need to be followed in the funding process. Commissioner Bandelow inquired how does the State decide to make traffic changes in the way it moves through the City on a State Highway? She commented they decided the right turn lane is no longer needed where Boones Ferry and Settlemier Ave. meet the highway. Randy Rohman interjected bike lanes were added in that area. Furthermore, he reported there were two lanes at that intersection that it tapered down in a relatively shod distance afterwards. Commissioner Bandelow agreed that should have not continued to occur but she assumed the second lane, since there is plenty of room for two lanes, would have gone as a right turn only. Randy Rohman commented the problem of people racing to get ahead through that intersection has been an item brought up many times by citizens to Public Works and ODOT over the past several years. Furthermore, he stated he is sure that after the resurfacing project was completed that factored into the decision to re-stripe the lanes as well as the installation of the bike lane. Commissioner Bandelow reported she has tried to keep track of how many signals are in that line that want to turn right and it is at least 10% of the cars that are backed up almost to the High School would like to turn. Randy Rohman indicated he could address this with the people from ODOT. Commissioner Mill suggested the timing of the light should be lengthened. Randy Rohman explained the light is a problem because it is split phased. He stated it is not the ideal signal and they do have plans to redo that intersection and eliminate the split phasing. Chairperson Lima made reference to Mr. Rohman's statement regarding the two options of the widening of Highway 214. Randy Rohman reported the first option is that Highway 214 would be widened equally along the center line and the second option would be to widen to the north. The primary difference between the two is that to widen the north side would have some significantly higher right-of-way costs. Both options have Lawson as a right-in only intersection, Arney Rd. on the other side is right-in right-out and both options also include an extension of Evergreen Rd. to the north to connect with Country Club Rd. Mr. Rohman further explained there are a few options between Evergreen Rd. and Country Club/Oregon Way intersection to deal with access to the properties on the south side. Commissioner Vancil commented he has observed we are continually giving Variances because there is a standard that has been set in the plan but it really does not fit old neighborhoods. Randy Rohman replied the Transportation System Plan (TSP) is under review and is part of the Periodic Review task and that will be considered under the new TSP. Planning Commission Meeting - August 14, 2003 Page 2 of 12 10 PUBLIC HEARING A. Planned Unit Development 02-03 and Phasinq Plan 02-01, proposal to develop an 80 sinRFz family lot PUD in three phases located in Tukwila Development on Hazelnut Dr., John Baker, applicant. EX-PARTE CONTACTS Commissioner Bandelow reported she is familiar with the project and acquainted with Mr. Baker. She further stated he is developing in an area where she sells real estate however, he is not a client. Commissioner Bandelow felt it would not make a difference or bias in her decision tonight. Commissioner Lonerqan also stated he is very familiar with this area and he also has relatives that live in Tukwila but he has absolutely no financial interest. Chairperson Lima and Commissioner Mill indicated they are familiar with the area. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the applications subject to the conditions in the Staff Report based on the information in the report, the information provided by the applicant and the applicable review criteria. Commissioner Mill requested clarification regarding where the wall will be in relation to the flood way. Staff explained the wall requirement would be on the lots that would be just to the north of that flood zone and the wall would be located close to the bottom of the rise of the slope. He stated the trench itself more or less contains the 100-year flood but the City's flood ordinance requires at least 45 feet just to preserve an area on either side of that. Commissioner Loner,qan asked why are we requiring a fence on the north side of Goose Creek when we have not required anyone on the south side of Goose Creek to construct one? Additionally, he said the Staff Report mentioned 78 lots and the applicant is actually building 76. He further questioned Staff whether they were counting Lot A and Lot B as the extra two lots? Staff. indicated there was a property on Meridian Drive and Ray J. Glatt Circle that underwent a Variance request not to construct a wall because the wall is now part of our new Woodburn Development Ordinance and as part of that the code requires the subdivision construct the wall. She further explained the applicant has the option to apply for a Variance not to build the wall however, they decided they did not want to do that. Staff reported there are 76 single family residential lots and the two open space lots, Lot A and Lot B for a total of 78 lots. Commissioner Lonerqan opened up discussion regarding the public area. He remarked he was not a member of the Planning Commission when the original Tukwila proposal went in and as far as common open space golf course land was granted in lieu of donation of other land. Commissioner Lonergan questioned how could the golf course be deemed as common space when the course is not opened to the public for recreational activities other than golf? Staff responded that has been the understanding by the Planning Commission on previous developments in Tukwila that the golf course satisfied the requirement for common open area. He said the applicant was proposing to get credit for the golf course which has been given to all PUD's in Tukwila as per agreement by the City. Additionally, he reported there is no requirement for some sort of active common space under the ordinance. Staff further commented he was unsure whether the tot lot in the Ironwood neighborhood was proposed by the applicant or whether is was imposed by the Planning Commission. The new code requires developers pay System Development Charges (SDC) and there are no requirements to dedicate park land or to put parks into developments. It was further reported by Staff the Park Master Plan states we have all the parks we need and future parks are going to be satisfied by new schools. However, that Master Plan will need updating because that was based on the old population allocation of 26,000. Staff reiterated there is no ordinance that requires subdivisions to provide tot lots or parks. Planning Commission Meeting - August 14, 2003 Page 3 of 12 1! Commissioner Bandelow recalled the majority of the members of the Planning Commission at the hearing for the Links at Tukwila did not agree that the golf course satisfied the open space. She stated those lots are considerably smaller than even the smallest ones in this development and remembered there was much discussion regarding the children not being able to play on the golf course. Commissioner Lonerqan inquired if Lot A and Lot B are buildable land and what can be done to keep that from being buildable land? Staff explained Track B is not buildable as there is a 20 foot setback from the middle of the flood way and it is 45 feet wide therefore, there would not be enough room there to build any structures. However, there is a portion of the land on the north side of Track A that could be developed once you look at the 40 foot flood way requirement. She stated the applicant was originally going to propose a swimming pool in that area. Chairperson Lima and Commissioner Mill both agreed with Commissioner Lonergan regarding the preservation of the open space. Staff further explained CC&R's and Homeowner's Association are required to control common areas if there is a condition for open area. Moreover, this means the common area will be under common ownership of the property owners in that development which will limit what can be done with it. Staff informed the Commission natural areas, activity or landscaped areas are all allowed under the common areas in the PUD ordinance. However, who gets to determine what type of open space it will be is subject to interpretation as the code is not clear in who gets to decide. Commissioner Vancil remarked it appears the immediate plan is for it to be open space and inquired if there is anything legally that can be done to make it apparent to future staff reviews if something were to come up for a change that would be very clear what the Commission's view was. He pointed out it is really muddled because there are a lot of new phases since this started. Chairperson Lima asked Staff if it is possible to add a condition of approval to state the intent of the Planning Commission to keep it as an open space. Staff replied he believed the Commission has the authority to dictate how that open space is to be used as it is open to interpretation however, the City Council ultimately interprets what the code means. Moreover, the applicant always has the opportunity to come back not only as design review but to modify the PUD which would be to modify the condition and the future Planning Commission would have to consider whether they want to allow the open space to be modified. Commissioner Lonerqan referred to the developer's traffic impact study and requested reassurance that there will not be a huge neighborhood traffic problem. Randy Rohman interjected the traffic volumes for that intersection were adjusted for later conditions. Volumes were added to the counts taken in February to take into account that it was done at that time. He stated that intersection is not currently a problem and the actual development, even when it is fully completed, is a relatively small percentage of the traffic that uses that intersection. The critical movement on the intersection is actually over on the Fifth St. side primarily due to the lane configuration. Mr. Rohman further remarked when Meridian Dr. is opened, Phase 3 will give people an option to use other collector streets mainly Hazelnut and Tukwila. Additionally, the connection of Meridian Dr. to Hazelnut and Tukwila Dr., which are collector streets, gives residents, people who use Glatt Circle as well as the people in the existing housing development in that area, other options of getting to/off or away from the Highway 214 area. He further reported there are no great problems with the right turn movements at the Meridian Dr. intersection because it is striped for left turn and right turn. This is why the intersection across the street on Fifth St. is the critical one because it only has one lane and people making right/left turns and through movements are all restricted to that one lane. Although the Transportation System Plan mentions that Fifth St. should be connected through at one time but as long as it is a substandard street the barricade that is currently there will probably remain. Mr. Rohman Planning Commission Meeting - August 14, 2003 Page 4 of 12 12 clarified there has never been any talk of a median and the Highway 214 alternative analysis that was done by the City with State participation does not indicate any median. Mr. Rohman stated the proposed development will not make traffic any better but it is not going to significantly degrade it. The peak traffic problems are between 4:00-4:30 pm and 5:30-6:00 pm. Improvement of the Boones Ferry intersection will probably help some by allowing traffic to move through there a little better. Commissioner Mill asked whether traffic calming devices would be something that later on would be the responsibility of the City to provide or would that be something that would be required by the developer to provide? Randy Rohman answered that would depend upon when they were put in and it would probably be something that the City would want to control. There would end up being some statistical measure to determine whether a traffic calming device would be warranted on a particular section of street which is one of the items that has not been developed at this time. Mr. Rohman further reported at this time they do not have any criteria, design or a recommended calming device designed, approved or any policies on the design or development of the device. He indicated there are pros and cons with the use of these type of devices. Commissioner Bandelow asked whether the type of pedestrian traffic is taken into consideration when an analysis of Meridian Dr./Fifth St./214 Interchange is done in order to determine whether or not it meets the criteria for a light? Randy Rohman responded there is no criteria for those types of studies. They simply look at number of movements and do not differentiate type of people. He reported the traffic signal on that stretch will be subject to environmental assessment he mentioned earlier because it was mentioned in the alternatives analysis that was done by the City in 1999. TESTIMONY BY THE APPLICANT John Edward Baker, Diianelos Homes, Inc., 2355 Miller Court, Woodburn, OR 97071 stated he is the president and CEO for Dijanelos Homes, Inc. He and his wife moved to Woodbum from Keizer in 1995 and built a home in Tukwila at that time and have enjoyed living in Woodburn, as it is a great community. Mr. Baker further remarked he has a lot of experience in golf course communities as a sub-contractor and building in Charbonneau, Clairemont, McNary Estates and also in Sun River. He indicated they felt the original Tukwila partners had a neat concept for Planned Unit Development where they incorporated open space with the golf course and offered different types of opportunities for people to live in a community that had open spaces, nice landscaping and homes. Moreover, they offered diverse housing options in a harmonious environment. He planned, from the inception, that Goose Hollow would continue in that spirit to provide a diverse and interesting neighborhood to compliment the Woodburn community. Their goal as developer and builder are to build out the houses on the lots that they are going to develop so they have control over architectural approval and to build houses that are similar to the houses they are currently building in Miller Farm and Orchard Greens. Mr. Baker turned over testimony to Mark Grenz, Engineer, to discuss the further merits of their project. Mark Grenz, Multi-Tech Enqineerin.q, 1155 13"~ St. SE, Salem, OR reported they have been working with the Bakers on this project. He said they worked hard with Staff to make sure the application met all the criteria without any Variances. The only Variance they felt could not be avoided was the block length simply because there is no place else to go with the school on one side and golf course on the other. Mr. Grenz commented this is a combination of a previous project that was approved a few years ago around the alignment of the collector street. He pointed out their project density is very Iow in comparison to some of the other projects that have been done in this development and probably in a range as Iow as what most of the standard single family subdivisions are done in RS zone outside of that environment. Mr. Grenz reported the project will be constructed in three phases, Phase 1 being the northern part around the existing street and facilities and work their way down. He further remarked they do not have an objection to the condition that requires they provide a block wall on the boundary of the subdivision. However, they are concerned that the condition by Staff requires them to build it on the north side of Track B which is not on the boundary anymore and is interior to Planning Commission Meeting - August 14, 2003 Page 5 of 12 13 the development. This issue comes to be in Phase 3 and the thinking could be different by that point in time whether or not Mr. Baker returns in the future and feels a Variance might be more appropriate is not an issue. In closing, Mr. Grenz remarked it would be more appropriate if the wall, at least from the development stand point, were located on the south boundary rather than on the interior. Commissioner Mill asked whether it would be acceptable to the applicant if a Variance could be obtained to not build a wall at all or have they even thought of applying for a Variance in that area? Mark Grenz answered he is not sure they are ready to say that they do not want the wall at this point. He stated since it is Phase 3 it gives the applicant some time to figure out how they want to integrate that into this development to make it an enjoyable and desirable part of the development. Mr. Grenz thought that may become a point with the applicant but at the same time they may decide they want the wall. Commissioner Loner,qan again brought up the common area issue. Mark Grenz remarked he is unsure the applicants are ready to commit that the common space would never be anything but open area. They are careful to state that what they are creating there is common area and not open space so that it does comply with the code. Mr. Grenz felt if the Planning Commission wants to clarify their desire that this area be utilized as much as possible as an open area without taking away Mr. Baker's right to do something in the future that might make sense to the current or future Planning Commission. Chairperson Lima reported there were some concerns brought to the Commission by means of a letter regarding Track A not being propedy maintained and that they are mowing the lawn at their own expense and would like some guarantees that this will not be the case. Mark Grenz interpreted the conditions of approval contained in the Staff Report as Track A has to be a part of the Homeowner's Association which they state is the Homeowner's Association for the Tukwila area that will become a part of that. It was his belief the CC&R's make clear that the Homeowner's Association has that responsibility and again of course it is the responsibility of the people that make up the Association to make sure they live up to their criteria. Commissioner Vancil indicated he interpreted the letter received bythe Commission that the track be deeded to the Homeowner's Association soon so that it would become a responsibility to start to take care of it. He inquired whether we have a 1Y~-2 years of being in no mans land with this being on the edge of Phase 3? Mark Grenz believed their intent, in order to make sure that they provide a few options for Mr. Baker, would be to not create that tract today and deed it away without making sure that all of the other things they are trying to accomplish with those lots have been achieved. Mr. Grenz remarked there may be a way to accomplish that in a different manner than having to deed it away right now. Perhaps there are some things that could be done in conjunction with the Homeowner's Association today to make sure that it is being taken care off, at least in the area from the end of the golf course over where the citizens concerns are. Moreover, he understood the citizens concerns but felt it could be handled in a way separate from the subdivision. However, when the Subdivision and PUD are created all of the concerns will be addressed either by the conditions imposed by Staff or by the CC&R's that were set out for the development. Chairperson Lima asked Mr. Grenz when would construction begin if the project is approved tonight? Mark Grenz replied their goal is to move forward with Phase I rapidly. TESTIMONY BY PROPONENTS Robin Palmer, 378 McLauqhlin Dr., Woodburn, OR 97071 reported he is a partner in the ownership of the property to the south and said his original intent was to protect the tree. Although he favored the development, he expressed concerns regarding the existing tree, the wall and the traffic. He commented he would hate to Planning Commission Meeting - August 14, 2003 Page 6 of 12 14. see a fence go up as it would block his view from the golf course and it would also block the walkway along the Goose Hollow waterway used by students to go over to the sports field at the High School. Moreover, that blockage will cause problems with students coming through private property. Mr. Palmer informed the Commission he was on the Commission when the original plan was approved and his main concern at the time was when school gets out and High School kids want to leave, they could no longer enter right off the school property onto Highway 214 or Mt. Hood Ave. He feared they would take Hazelnut down to McLaughlin instead of Boones Ferry. TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Lima closed the public hearing and opened for discussion among the Commission. Commissioner Lonerqan said it is an excellent development and will be good for Woodburn. Commissioner Bandelow agreed with Commissioner Lonergan. Commissioner Vancil stated it is a very impressive development. He also referred to the concern addressed in the letter asking about the deeding. There was some discussion regarding whether the author of the letter meant transferring the deed or transferring the maintenance and the control to the Homeowner's Association. Staff interjected the PUD ordinance requires common open space to be in a Homeowner's Association. Chairperson Lima pointed out we try to give a time as to when the application is to be completed and he did not see that included in the Staff Report for this project. Staff stated although the dates are marked on the Phasing Plan and they were conditioned by Staff to follow the Phasing Plan, the dates need to be more specific. Chairperson Lima referred to the Chemeketa approval and commented the Commission specifically set a time as to when the project would be completed. Commissioner Bandelow clarified time frames for the phases were imposed on the Chemeketa approval because one part of that supported another where in this project it is just developing down the street. Staff interjected imposing a timing on a phasing depends on the type of project, i.e., industrial, commercial, multi-family. He further explained in phasing you look at whether at some point in time you may not want the phase to go forward as approved. Staff further explained the standards are flexible in a PUD and are unique to that development as opposed to a standard subdivision that does not have special requirements or conditions attached to it. Additionally, you may want future phases in a PUD to comply with the new codes and may want to have the ability to impose that. Commissioner Mill remarked in reviewing the CC&R's, Architectural Guidelines and applications, he could not conceive that the City would come up with anything more restrictive than what is already outlined. Commissioner Mill made a motion to approve Planned Unit Development 02-03, Phasing Plan 02-01 and Variance 03-19 subject to terms and conditions as written with the change to Condition of Approval Item #8 to restrict Tracts A and B from future development subject to the Planned Unit Development Ordinance and instruct Staff return at the next regularly scheduled Planning Commission meeting with facts and findings. Motion was seconded by Commissioner Vancil. Motion unanimously carried. Planning Commission Meeting - August 14, 2003 Page 7 of 12 15 FIVE MINUTE RECESS AT 8:41 PM B_~. Variance 03-14, request to vary street improvement and vision clearance standards to construct a roll-up door on an existin.q industrial building located at 310 Broadway, Laura HaRenauer, applicant. EX-PARTE CONTACTS Commissioner Mill reported he is generally familiar with the area. Chairperson Lima stated he drove by the property. The applicable ORS Statement was read by Staff and a presentation was provided as reflected in the Staff Report. Based on the information provided by the applicant and the information in the report, findings can be made to support the Variances. Staff recommended approval of both Variances. TESTIMONY BY THE APPLICANT Dave Susee, 10363 Mt. AnRe-Gerva s Rd., Gervais, OR 97026 stated he is one of the owners of Valley Rolling Co. He further remarked they are asking for the Variance so that they can be a more successful business in the community. Commissioner Mill questioned whether the 180 degree mirror will be hung high enough that it will be out of spray paint range? It was his opinion that it should be about 10 feet. He also expressed concerns with water droplets possibly obscuring the mirror or getting particularly dirty or dusty and asked Mr. Susee whether they have explored different types of mirror surfaces or coatings? Commissioner Mill urged the applicant take that into consideration. Dave Susee was unsure as to how high the mirror would need to be in order to keep it from getting graffiti painted on it. He also indicated they have not yet looked at the availability or options in terms of mirrors. Commissioner Loner.qan asked Mr. Susee what size trucks will be entering and exiting the building? Dave Susee responded the company owns a semi truck that will go in and out of the buildJng. However, the traffic in and out of the building will mostly be pick-ups, trailers and lumber yard trucks (18 foot flatbed) and will be going from Young St. to B St. primarily. He also indicated the resident at the other end of the building currently comes in with 40 foot flatbeds to the parking lot next to C St. and they pull between 24-30 foot posts behind them. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION The public hearing was closed by Chairperson Lima and discussion opened among the Commissioners. A motion was made by Commissioner Mill to approve Variance 03-14 as written and instructed Staff return with facts and findings at the next regularly scheduled meeting based upon the terms and conditions outlined in the Staff Report. Commissioner Lonerqan seconded the motion, which unanimously carried. C._=. Design Review 03-09 and Variance 03-22, construct 4,020 sq. ft. drive-thru restaurant & retail building located at NEC Stacey Allison Way and Lawson, David Cantwell, applicanL EX-PARTE CONTACTS Commissioner Mill reported he is generally familiar with the area. Planning Commission Meeting - August 14, 2003 Page 8 of 12 16 Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Based on the information in the Staff Report, the information provided by the applicant and the applicable review criteria, Staff recommended approval of the applications subject to conditions. Commissioner Mill pointed out the driveway is smaller than a driveway for a two-car garage in terms of width. Commissioner Bandelow asked if the purpose of a by-pass lane is so that you can get around if someone is in the drive-thru however, it has nothing to do with normal traffic flow? Staff replied affirmatively. He explained the by-pass lane is not part of the regular traffic pattern under normal circumstances. Commissioner Mill inquired if a by-pass lane is a required item under the ordinance? Staff answered a by-pass lane is a required item under the ordinance. He indicated Staff believed two 9 foot lanes provide sufficient room to get by each other. Moreover, the by-pass lane is marked with the same direction as the drive-thru lane and traffic will flow towards the same direction. A physical barrier is not necessary between the drive-thru lane and the by-pass lane and could just be an 18 foot wide section. TESTIMONY BY THE APPLICANT Chuck Archer, PAR Architecture, 34 NW First Ave. Suite 206, Portland, OR 97209 stated the property is paved and relatively fiat and is currently used as large vehicle/semi truck overnight parking for the Motel 8. There are two access points, one on Lawson Ave. and another on Stacy Allison Way. They propose a 4,000 sq. ft. building which Subway will take immediate occupancy on a portion of the building. Mr. Archer indicated they will utilize the existing curb cuts that are at those two points and will improve the landscaping along the street. The building will be a wood structure and will have a flat Iow slope roof with parapets to be utilized to hide mechanical equipment. Additionally, the composition of the architectural detailing is what they call the Pacific Northwest theme and will include stone accents on the building with stucco, wood panel and lap siding with rich earth tones. He indicated the Variance is critical to the use of the restaurant for the drive-up width and by-pass lane. Furthermore, they will utilize the existing curb cuts for access to their site and have designed t he site t o keep t he parking traffic segregated from t he d rive-thru traffic which w ill help with pedestrian and vehicular safety. It was also reported by Mr. Archer the site is unusually small for the zone which does impact them for this use and are only requesting a 3 ft. reduction in the drive lanes which is the minimum allowable. The intent of the by-pass lane is preserved even though it is 9 ft. and the traffic will still function and the usability still remains. In closing, he remarked the last thing to consider regarding the Variance is the speed of the traffic which is basically stop and go as it is not a drive lane and the speed of the traffic helps the 9 ft. wide area to function. Chairperson Lima questioned whether it would be possible to install a "No Entrance" sign? He also inquired what will happen with the other Subway shop on the other end of town? Chuck Archer responded they could certainly have a "One Way Do Not Enter" or "Drive-thru Exit Only" sign placed. Mr. Archer commented Subway does market analysis and will not put another store in unless they believe that it will be a prosperous business. Moreover, he explained many times when a second Subway goes into a location it will actually increase the revenue of the other location. Commissioner Lonerqan asked what is the Motel 8 going to be doing with their truck traffic? Additionally, he inquired if the 2,000 sq. ft. office space will be operated by Subway personnel or will it be rented out? Chuck Archer answered in addition to the proposed site, the motel has another large vehicle/semi truck overnight parking area on the other side of the Exxon Station. He indicated although he has not done a study or traffic count, the traffic that he has seen has never been full but he assumed the motel will utilize the other area. Mr. Archer reported the applicant owns the entire building and will manage the property. It is Planning Commission Meeting - August 14, 2003 Page 9 of 12 that Subway has very strict policies about the restaurant, building and site because they have a standard they want kept up. The franchisee can lose the franchise if they do not maintain those standards. Commissioner Lonerqan further asked if there would be some type of configuration that a Variance would not be needed if the office space were 1,200 sq. ft.? Chuck Archer replied he does not fully understand the economics of the site and remarked he is unsure of the answer to that question. Obviously, the rents go up because it is based on the economics of the site as the square footage of the rentable space goes down. Chairperson Lima inquired when will construction start if the project is approved and how much resurfacing will have to be done? Chuck Archer answered their next task is to complete the process with the City as far as building permits and they would like to begin construction as soon as permits are released. He hoped to break ground before the end of the year. Mr. Archer explained they will be removing asphalt and replaced with landscaping. Additionally, when they build the parking area they will overlay new asphalt over the existing asphalt because there are existing catch basins in those areas. TESTIMONY BY PROPONENTS Dave Cantwell, 5876 S. Lone Elder Rd., P.O. Box 816, Aurora, OR 97002 introduced himself as the owner of the property and franchisee of the store and he and his partner will be operating the restaurant. He announced they are looking forward to moving to Woodburn and have anticipated this for a long time and believed it will be an asset to the community. Mr. Cantwell reported they will be very careful as to who rents the other portion of the building. He indicated he is looking for an insurance company or something with Iow impact on the parking. Gary LaPoint, 750 Lawson Ave., Woodburn, OR 97071 asserted he owns the Exxon Gas Station next door to the proposed project. He expressed concerns with the easement agreement and reported the Super 8, McDonald's as well as himself, have an agreement on the private road. However, he did not recall whether there is an agreement for the Lawson ingress and egress they jointly use now and further commented something should be drawn up and assumed it will be taken care of. Mr. LaPoint was also troubled with the location of the applicant's trash enclosure because there is equipment for his car wash just outside the covered area of the building that people could get hurt on walking thru that area to get to the applicant's store. He suggested a fence be erected between the two properties or doing something to discourage people from coming thru that area. Staff interjected it is up to that property owner to address that situation or work something out with the adjoining property owners if someone is going across their property. TESTIMONY BY OPPONENTS None DISCUSSION The public hearing was closed by Chairperson Lima and discussion opened among the Commissioners. Commissioner Bandelow had no concerns regarding the Variance and thought the applicant made good points about the by-pass lane. She noted most drive-thrus do not have a by-pass lane and you are stuck until you go thru and felt the extra nine feet is adequate to address that. Commissioner Bandelow fully understood the applicant wanting to utilize every possible square foot of the property for his business. In closing, she stated she favored the project. Commissioner Loner.qan concurred with Commissioner Bandelow. Planning Commission Meeting ~ August 14, 2003 Page 10 of 12 18 Commissioner Vancil also agreed and felt it was a well thought out project and would also vote in favor of the project. Commissioner Mill voiced his concerns regarding Condition of Approval Item #7 and would like some type of language added indicating that they will post signage that clearly indicates entrances and exits to the drive-thru area and left it up to Staff to negotiate with the applicant what that would be. Staff commented that the signs likely would go up whether the City requires them or not just from an operational point of view. He indicated the franchisee does not want conflicts either because it would be contrary to their business. Staff clarified it does not create any liability for the City as it is an onsite operational issue and as long as the applicant complies with City standards. However, the Commission should make it a condition if they wish to be absolutely positive that it is there. Commissioner Mill withdrew his suggestion and left it up to Staff to expand Condition Item #7 as needed. Chairperson Lima remarked the project is a wonderful addition to the City. Commissioner Lonerqan moved to adopt Design Review 03-09 and Variance 03-22 and instructed Staff return with conditions of approval and seconded by Commissioner Vancil. Motion unanimously carried. ITEMS FOR ACTION A.~. Final Order for Subdivision 03-01, request for a 88 lot single family residential subdivision to be developed as Phase III of Montebello Subdivision, Capital Development, applicant. Commissioner Mill abstained from voting as he was not present for the hearing. A motion was made by Commissioner Loner,qan to adopt the Final Order subject to the conditions. Commissioner Bandelow seconded the motion, which unanimously carried. B.~. Final Order for 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 requirement, zonin.q 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. Commissioner Mill abstained from voting as he was not present at the hearing. Commissioner Loner.qan made a motion to adopt the Final Order as written. Motion was seconded by Commissioner Bandelow. Motion unanimously carried. DISCUSSION ITEMS REPORTS A.~. Building Activity for July 2003 B.~. Planning Proiect Tracking Street {revised 8-8-03) Staff announced there may be no agenda items for the September 11"~ Planning Commission meeting and he may suggest at the next meeting cancelling it. BUSINESS FROM THE COMMISSION Commissioner Bandelow requested an update regarding revision of the Sign Ordinance. Staff reported the Mayor appointed eight out of nine focus group members, one being Commissioner Planning Commission Meeting - August 14, 2003 Page 11 of 12 19 Bandelow, and we are awaiting appointment of the last member before the focus group begins to review the draft ordinance. However, he anticipated they will start up in September. Commissioner Bandelow stated there is an ever increasing proliferation of sandwich boards. Commissioner Vancil suggested to consider in the development of the Sign Ordinance, the removal of the structure that holds up the sign once a business is gone. He mentioned the Scott Thomason business is no longer in the building however, the ugly scaffolding is still on the building. Staff will look into this issue. Commissioner Bandelow inquired whether Staff found out who and why the tree was removed? Staff replied he spoke with the City Administrator regarding that issue. He indicated the bottom line was failure to communicate as far as Planning Staff not being aware that Public Works was aware that they would have to take the tree down when they improved Boones Ferry Road. Public Works stated they anticipated that tree would not be able to remain when they had to put in improvements because the sidewalk is going to go right up to the wall. Commissioner Bandelow remakred the area is clearly marked and you can tell exactly where the sidewalk will be placed and there is about 5 feet from where the tree sat. She commented a slight variation in the sidewalk would have not hurt and mentioned the sidewalk out by the school veers nicely around the tree and into the property. Moreover, because we lose trees when we can not help it, when you can help it, you should. Commissioner Bandelow further expressed her displeasure with the situation and stated we should be more careful in the future. Commissioner Vancil remarked we need to make sure that the Commission is heard when the intersection is widened near the school later on so that they do not take out more trees to widen Boones Ferry Rd. Staff interjected ultimately the City Council would make any policy decision on how we address those situations. In the absence of any other policy direction, Public Works will follow the City's typical street standards. There was consensus by the Commission for Staff to draft a memo from the Planning Commission to the City Council expressing their concern and to be brought back at the next meeting for review by the Commission. Commissioner Vancil remarked when a project is being planned they should take a look at decisions that have been made on the effected properties over a specified number of years and be in compliance. He added the right hand needs to know what the left hand is doing. Commissioner Mill depicted a situation that occurred several months ago where they encounter that 35 mph speed signs were being installed on Alexandra Ave., which is a residential street. He further indicated it Was not only a violation of common sense, it was a violation of the law and if it were not for prompt action by Chairperson Lima, they would probably be stuck with the signs. Commissioner Mill pointed out there are communication difficulties. ADJOURNMENT Commissioner Loner.qan moved to adjourn the meeting and was seconded by Commissioner Mill. Motion carried. Meeting adjourned at 10:01 p.m. APPROVED CLAUDIOLIMA, CHAIRPERSON DATE ATTEST Jim Mulde~, - Community Development Director City,Of Woodburn, Oregon Planning Commission Meeting - August 14, 2003 Date 30 Page 12 of 12 8C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: August 13, 2003 ROLL CALL: Marie Brown - Present Mary Chadwick - Present Vasily Chernishov - Present Ardis Knauf - Present Kay Kuka - P.resent Colleen Vancil - Present Pat Will - Present STAFF PRESENT: Linda Sprauer, Director Vicki Musser, Recording Secretary GUESTS: None CALL TO ORDER: President, Ardis Knauf called the meeting to order at 7 P.M. SECRETARY'S REPORT: The monthly Board minutes of May 14, 2003 were submitted. approved as CORRESPONDENCE: None PUBLIC COMMENT: None DIRECTOR'S REPORT Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for July was 14,393. The number of patrons for May was 15,920. In June, that number was 16,995, and in July, 16,936 people visited the library. Activities: A list of activities was distributed to the Board. Our summer reading program was a great success. Youth Services handed out 500 child backpacks very quickly, as children signed up to join the reading and craft program. There was excellent teen response as well. Overall, over 800 joined the summer reading program. Activities: Sandy Kinney reported on Music in the Park, the library sponsored series of Tuesday night concerts. There were 8 concerts scheduled this summer from July through August; with six completed so far. Average attendance at each concert was 335, with a total attendance so far of 1996. The average attendance last year per concert was 240, with a total attendance of 1,438, so this year has been very successful. 21 Music in the Park has had great sponsorship. Financial support has come from Ladies of the Elks, Yes Graphics, Friends of the Library, and American Marine Services Inc. Lupita's Restaurant provides opportunities for dinner and Coastal Creamery brings a variety of ice cream flovors for cones, including both fat-free and sugar- free ice cream for diabetics. The groups playing are wonderful. One especially note- worthy performance was given by The Golden Bough, who gave us a marvelous selection of Celtic music. It was 101 degrees that evening, but all the 325 people who attended stayed to the end, and loved it. "The Fabulous Essentials" are the next band, due to play on August 19th. Linda Sprauer noted that one of the goals with Music in the Park is to attract families, and the staff tries to have something for everyone. There has been a difference in the playing time this year. Rather than playing straight through to the end of the program, each group plays for 45 minutes, takes a 15 minute break, and then resumes for another half hour. Colleen Vancil reported feedback that our Music in the Park program is being compared favorably to Canby's similar concert series. Volunteer of the Month: Kay Kuka was chosen Volunteer of the Month for June, and Mary Lou Bellante for July. In August, three teen-agers were chosen to share the honor-Christie Cotter, Yazmin Estevez, and Jason Wolfgang. All three teens help with crafts, and do a great job. Sandy Kinney, the Library's Volunteer Coordinator, feels we should support and augment our teen volunteers. We have a Volunteer Appreciation almost every year, to show our volunteers how much we cherish their invaluable contributions. Staff: We have two new members on the staff. Alice Stewart is our new part-time Reference Librarian. She replaces Anne Duston, who resigned. Vicki Musser is the new secretary, taking over for Judy Coreson, who retired at the end of May. Judy is still making herself available to train Vicki. Building Feasibility Study: On Monday, August 4, architects from HEA, (Henneberry Eddy Architects) began their intensive study of the library, in order to complete a space utilization plan and/or library remodel/expansion project. Everyone on the staff had an opportunity to meet and brainstorm with the architects. On Thursday, August 7, the Library had an open house, with HEA's conceptual drawings on display. Nothing is final yet, but there are lots of ideas. Thinking "outside the box" has been encouraged. Some have questioned the need for expansion. We have 21,000 square feet of space in both library buildings, but only 14,000 square feet of it is actually used by the patrons. Getting rid of the ramps, for 2 instance, could give us much more usable space without physically expanding. The target date for presenting the finalized plan to the Board is October-November, 2003. Migration Committee: Linda gave us an overview of the purpose behind the Migration Committee, which is composed of the Library Directors from Polk, Yamhill and Marion libraries. It's purpose is to make a transition from the presently used Dynix computer system to something new. The Committee is working with Joseph Ford and Associates from Washington. Possible vendors will be selected from applications, and will go on to give a "scripted demonstration" to prove they can best serve our needs. If their product hasn't been fully developed, they have to say so. They will be expected to be able to answer all of the specific questions. It will be the first of next year before the final vendor is chosen, and next fall before it is installed. The new system is expected to last 7-10 years before any major upgrades are needed, though small software or improvements might be needed before that. The Dynix system has had 2 major upgrades. We will be signing a maintenance agreement contract to help maintain the equipment. The cost will be borne by CCRLS. OLD BUSINESS: None. NEW BUSINESS: None, beyond what has already been touched on. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None. ADJOURNMENT: The meeting was adjourned at 7:31 p.m. ~.bmitted, ,, Vicki Musser ~ Recording Secretary 3 ~o 8]) 24. CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodbum, Oregon 97071 Date: To: From: Subject: September 2, 2003 Jim Mulder, Community Development Director Building Division Building Activity for August 2003 (503) 982-5250 2001 2002 2003 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 7 $785,493 11 $1,512,643 16 $2,564,639 Multi Family 0 $0 0 $0 0 $0 Assisted Living FacilitiesI $4,305,576 0 $0 I $590,097 Residential Adds & Alts 11 $75,126 5 $28,350 8 $57,511 Industrial 0 $0 0 $0 0 $0 Commercial Value 7 $4,847,060 10 $566,988 10 $2,238,566 Signs, Fences, 6 $67,~.~.5 4 $10,300 2 $3,000 Driveways Manufactured Homes 0 $0 0 $0 I $50,400 TOTALS 32 $10,080,700 30 $2,118,281 38 $5,533,735 Fiscal Year (July 1- $11,908,712 $5,170,511 $9,037,735 June 30) to Date I:~,ommunlty ~~Buildlng ~-20~3~1g Ac~ Meflx~acli~ - AUGU~r 03.wlx:l 25 PLANNING PROJECT TRACKING SHEET- Mail ~ Final PC Mail Notice Pmje,:t Data Deemed 120-Oay Facilitl~ No~ce to Post Stf Rpt PC Order Final No6ce to Po~t Stf Rpt CC Ord. CC Ord. A~olicant Desc~ Received Come,eta Data Ptanner Refe~als Meeting for PC Paper Prol~e¢~ Due Hearin~ Due O~tar for CC Pa~era F'~l,=,~I Due ;-;~"';"1] Due A.~.~.,. .~nnex tmsi~ess Anx park into the UGB Wal~y Lien of the City. 06/01/99 N/A Jim cont. 99-01. ZC Establish ~e II. calefld~ 99.0t zone o~ the 02.01ZC ~ss~:~ Comme~altoCG 06/28/02 0~02~02 02-02 at ~00 N. Psc~c ~ N/A Naomi 08/22/03 08/27/03 01/09/03 VAR Ray-O-Ute , S~n C~da VMsn=. 09~3/02 Waived by 02-05 S~gns. Inc k.'~dan. 1,oo Mt. 08/23/02 Incml~at. ~ N/A 12/20/02 12F20/02 N/A 12/31/02 01/02/03 Hood Ave. 12/09/02 aP~nt ~f DR 1 o.25o .f ~ In=ompl.~ 06/27/03 02-12. C=astal Coa~at Fsn, bi~g. 12~2{V02 06/09/03 VAR Farm Vadsnc~ to ~ 11/22/02 ~ ext- ~ 02/28/03 03/07/03 04~4~03 N/A 04/14/03 0,V17/03 04/24/03 05/02/03 03-01 requ~mle~ ~3 10/15/03 PP 02-01, Pm;x~ed 80 k~ to i Irlc~m~BM PUD JohflBake~ bedeve~oedkdo3 12/23/02 O1;22~3 02-03 phases. CompkJte 11/04/03 Naomi 07/08/03 07/11;03 07/2593 H/A 08/0403 08/07/03 08/14/03 0828/03 Ends VAR Laura Vary ~b-uu; ; .... ~, 03-14 ~ vtsion~t&ctaarance 04/1003 Cc~ok~ 11/~V03 Naomi 07/11/03 07/18/03 07/25/03 N/A 08/04/03 08/07/03 08/14/03 08/28/03 Ends 07/lO;03 0W1 0/03 CU 03-05, ZA 0342,=~ C~lstruct 19,500 VAR ~6~ sf Head Start btag 03-t6, E 04/18/03 Naomi VAR ,~:Ntoc~um at 540 N. 05/16~3 Sett~emler Ave. VAR 03-17 DR 03-07 Jana dance hall at 0,~2,uo3 Herm~ 2225 N. Pac~c 04/16/03 o~o5~o3 12/10/03 Vi~or 08/12/03 N/A N/A N/A N/A 09~5/03 N/A C~,~,~-~ 4,020 DR d ddve.-th~ Incom~ 0309, David restaurant & mtai~ o5/13~03 Ext. A~I VAR Canh,~l bklg at NEC 04~2/03 Co~l~e~ 11/07/03 Victor 06~5~3 06/19/03 07/25/03 N/A 08/04/03 08/07/03 08/14~03 08/28/03 Encb 0~22 Stacey AJliso~ 064)5/03 0~/1 Way~1.awson PAGE 1 PLANNING PROJECT TRACKING SHEET DR 03-12. C~fl~ruc~ 11/12/03 VAR ,nTF 03-21, PP ~ ~ c~'. ~t 06/23/03 07116/03 Ext. Vlc~r 07116/03 07/24/03 09/05/03 N/A ~E/03 ~ GU ~ u=Ulnn~ ground Ixop~me 06/30~03 ~n~:~ DR03-13 G~Co. I~c. tan/x~t~'~l N. DR 03-14 WInco mobile ~k~ ~t Admbl. F~I~ W~nco FOO~ 400 07116/03 O8/14/03 12/12A)3 Naomi N/A H/A N/A N/A 0&~9/03 N/A E~td~ · S Ch~ Ve# Bmedl~nd I~g. 07/t8/03 Cmid.~ 12/10/03 Vicar 0~/12/03 H/A N/A N/A N/A 08/27/03 D~ 03-1~ ~ ~ to ~ 07/3Q/03 08~07/03 12/0~03 V',cinr 0~07/03 N/A ) Vidin¢~ to i#ow D~ 0~17, Id~hew 7S14 ~q. It. C3~K~KJGs 1 ~75 Mt. Hoad o8~27m3 03-04,VAR Menda~dlOaV~l Iniol01MiaflW. 08/tl/03 ~08t27/03 12/24/03 N~nd 08;27~ 0g/03/~ 0G/0~03 N/A ~ ~ O3-24 L~caln EL C4m~n~ 30.000 DR03-18 DeveC~t~ sq. fl. vmndxxme PAGE 2 Project PLANNING PROJECT TRACKING SHEET PAGE 3 LONG RANGE PROJECTS Io mvilw droll Iqlm RBvtlw ComulM~ hll beg.n Jim PAGE4 8G September 2, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott Russell, Chief of Police~ Crime Statistics Comparison 2002-2003 RECOMMENDATION: Receive the Repod BACKGROUND: Implementation of the Police Records Management System has permitted a transition in the way crime statistics are reported from Oregon Uniform Crime Reporting (OUCR) to the new Oregon Incident Based Crime Reporting System (OIBRS). Oregon IBRS allows a better comparison to National IBRS stats. The information now available from the system allows for more effective crime analysis and planning. However, one drawback is the lack of comparability to the previous years statistics. To bridge this gap Police Department staff has developed this consolidated report that compares the January thru April statistics for calendar years 2002 and 2003 in the OUCR Format. DISCUSSION: I am pleased to repod that Part I cdmes {the most serious type of crimes) and Part II crimes, are both down. Part I crimes are down over 25%, and Part II crimes are dowh approximately 1.75%. While any reduction in crime is welcome after the spike in property crimes experienced in recent years, these statistics should be interpreted carefully as they represent only the first four (4) months of the year 2003 and do not yet form a trend. While the causes of crime are complex, success in crime reduction should rightfully be attributed to the citizens of Woodburn and their efforts in preventing crime and making Woodburn a great place to live. FINANCIAL IMPACT: None Agenda Item Review: City Administratoe_.~'~ City Attorney Finance 3O ~ °°°~ oo~ Z 31 Z n~ W 32 September 3, 2003 8I-I TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott Russell, Chief of Police ~ Street Closure Notification Mexican Independence Day Celebration RECOMMENDATION: Information Only BACKGROUND: The City of Woodburn is ca-sponsoring a Mexican Independence Day Celebraflan in Downtown Woodburn on September 13m and 14m 2003. The attached street closure authorization was required in order ta maintain public safety in the area of the event. On September 2, 2003 the Woodburn Police Department received a request from Javier Perfecto, at the City of Woodburn, for a street closure in a portion of downtown Waodburn (see attached closure) for a celebration to be held September 13th & 14th 2003. It was determined that the event would be in the public interest and under authority granted to the Chief of Police by City Ordinance and ORS 810.030 I did authorize the closures described in the attached street closure notice for a special event called the 'Mexican Independence Day Celebraflan". FINANCIAL IMPACT: Street Department staff time will be required to place detour signs. Agenda Item Review: City Administrator City Attorney __ Finance 33 WOODB URN POLICE DEPARTMENT 270 Montgomery Street Woodbum, Oregon 97071 Phone: (503) 982-2345 FAX: (503) 982-2370 Scott D. Russell · Chief of Police Deborah H. Youmans · Deputy Chief Date: September 2, 2003 To: Javier Perfecto City of Woodbum 270 Montgomery St. Woodbum, OR 97071 RE: Street Closure for September 13* and 14th, 2003 Under authority granted to the Chief of Police by City Ordinance and ORS 810.0301 hereby authorize the closure of the below listed City streets between the hours of 9:00 AM on September 13th, 2003 and 9:00 PM on September 14t~, 2003 for a Celebration of Mexican Independence Day that is in the public interest. The safe and proper closure of these streets will require the assistance of the Woodbum Street Department with closure signs, barricades, and detour signs. Closures: N. First Street Between Arthur and W. Hayes Streets W. Hayes Street between Front and First Streets Garfield Street Between N. Front and N. Second Street. Recommended Signage/Detours: "LOCAL ACCESS ONLY" signs on Garfield Street at N~ Settlemier Coveting directional sign at same location with "Mt. Angel, Silverton Detour" signs pointing south to W. Cleveland Street Detour sign pointing East on W. Cleveland St. to Front Street Detour sign pointing East on Front Street at Young Street "to I-5" Detour sign pointing North at N. Front and Young Street "to I-5" Detour sign pointing West at N. Front and W. Lincoln Slxeet '`to I-5" Detour sign pointing North at W. Lincoln and N. Settlemier Street Sincerely, Scott D. Russell, Chief of Police CC: File City Administrator o_D uv, N Incorl,~rated 185~/ 81 September 3, 2003 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Director SUBJECT: Completion of Financial Management System Conversion RECOMMENDATION: Council accept the report. BACKGROUND: The outdated Eden accounting system has been successfully replaced with the state of the art New World financial management system. The Eden system had served the City for 12 years, but the vendor withdrew support of the product in 1991 forcing the City to consider other options. The project began with vendor selection in May 2001 and spanned over two years. The City's acceptance and final payment occurred in August 2003. General Ledger (including budgeting, purchasing, accounts payable, and revenue accounting), Payroll (including payroll and personnel), and Utility Billing were the ma]or systems replaced. Business License was also replaced, and Project Accounting was added. The system is Windows based and allows for customized reports to be prepared by finance staff and by users in other departments. It maintains five years of history, which reduces the time required to retrieve data. It allows older records to be burned onto CDs, reducing the need for paper copies. The time saved in retrieving information and creating significant. Managerial decision-making is expected to information will be more reliable and more up to date. reports has been improve because Agenda Item Review: City Administrat~ City Attorney Financ~ Mayor and City Council September 3, 2003 Page 2 FINANCIAL IMPACT: The project, which was budgeted for $296,000, cost $295,434. These costs included software, network hardware, desktop hardware upgrades, installation, training, and backfilling finance staff as they concentrated on the conversion. 36 WOODBURN IOA September 3, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Ben Oillespie, Finance Director Hearing to Consider a Supplemental Appropriation and Contingency Transfer RECOMMENDATION: Direct staff to return an ordinance reflecting the Council's decision following the hearing. BACKGROUND: Staff has, at the Council's direction, negotiated the purchase of two pieces of property that will require a supplemental appropriation and a contingency transfer. A purchase of price, including closing costs, of $60,000 has been agreed upon for the property at 389 S. Front Avenue, which will be incorporated into Settlemier Park. The owner of the property at 1060 Mt Hood Avenue has agreed to sell for $364,000. Including closing costs, the total necessary will be $370,000. This parcel will become police headquarters, if the public approves bonds for that purpose. Original bids for construction of the Chemical Separation Building at the Aquatic Center came in substantially higher than anticipated. The Council rejected all bids and staff reconfigured the bid specification to take advantage of the cost savings achieved by using City labor to pour the foundation. The project was re- bid, and the Iow bid still necessitates increasing the budget for this project by $25,000. Contingency in the General Fund CIP Fund will be reduced to provide funding. $15,000 is budgeted to provide a contingency for the Chemical Separation Building and 389 S. Front purchase. Agenda Item Review: City Administrah~ City Attorney __ Finance~ 37 Mayor and City Council September 3, 2003 Page 2 FINANCIAL IMPACT: The purchase price of the property at 389 S Front and closing costs ($60,000) can be financed by a transfer from Contingency in the General Fund ClP Fund. The cost of the properly at 1060 Mt Hood Avenue, and closing costs totaling $370,000 will be financed by a loan from the TIF Fund, which will be paid off when bonds are sold. The additional cost for the Chemical Separation Building ($25,000) will be financed by a transfer from Contingency in the General Fund CIP Fund. Contingency for the Chemical Separation Building and for 389 S. Front purchase ($15,000) will be funded by a Contingency transfer in the General Fund CIP Fund. 38 Woo ) u N llA September 8, 2003 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator~J~L~ Loan from the TIF Fund to the General ClP Fund RECOMMENDATION: It is recommended the Council adopt the attached resolution authorizing a loan in the amount of $370,000 from the TIF Fund to the General CIP Fund for a period of five years. BACKGROUND: Pursuant to your direction, staff negotiated the purchase of property at 1060 Mt Hood Avenue (the Van Valkenberg property) for $364,000. Council accepted staff's proposal to finance the purchase with a loan from the Traffic Impact Fee (TIF) fund. State Law proscribes the manner in which inter-fund loans many be made, but provides some latitude to local governments in establishing the terms of such loans. Loans may be made for no longer than five years, but local governments may determine the rates to be charged and the manner in which payments may be made during the five- year period. The property is intended to be the site of a new police facility and will also expand the bounds and amenities of Legion Park. Funds were budgeted in 2003-04 for design work, which will support an effort to pass a bond measure to finance the police facility. It is anticipated that the measure will be placed on the November 2004 ballot, and will include funding to repay the TIF Fund loan in addition to the funds needed to construct the facility. DISCUSSION: As indicated, the purchase price of the property is $364,000. The City is also responsible for costs attendant to the sale. Consequently, it is recommended that the City borrow $370,00 from the TIF Fund. The attached resalufion pravides for a loan from the TIF Fund, for a five-year period. It provides for lump-sum payment, due in the fifth year, at an interest rate of 2.32%. Deferring the payment for five years provides the City opportunity for twa bond measure attempts for the palice facility, within the loan period. Should both attempts fail, Agenda Item Review: City Administrator,~--~ City Attorney ~ FinanceJ~ 39 Mayor and City Council September 8, 2003 Page 2 an alternate repayment source can be used in the fifth year, or the Council can use the fifth year to evaluate its options regarding retention of the property. The 2.32% interest rate on the loan, compounded annually, is recommended to be between the rate the City would pay to a private lender (3.0 to 3.35%) and the rate the City earns on its State Pool investments {1.32%). In this way both funds benefit from making the loan internally. The lending fund (TIF) earns more than it would on State Pool investments, and the borrowing fund {General CIP) pays less than it would borrowing from a bank. FINANCIAL IMPACT: The TIF Fund has a current balance of $6,084,359. The recommended loan will not impair the TIF Fund's ability to construct projects scheduled during the next five years. 40 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOAN FROM THE TRAFFIC IMPACT FEE FUND TO THE GENERAL FUND CAPITAL IMPROVEMENT FUND. WHEREAS, the City Council desires to purchase property located at 1060 Mt. Hood Avenue, Woodbum, for the furore siting of a Police operations facility, and WHEREAS, a loan from the Traffic Impact Fee Fund to the General Fund Capital Improvement Fund will provide necessary funds for the purchase of this property, and WHEREAS, Oregon Revised Statute 294.460 authorizes interfund loans for capital purchases provided that the loan is repaid in full within five years of the date in which the loan is made; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That $370,000 of Traffic Impact Fee Fund monies shall be loaned to the General Fund Capital Improvement Fund. Section 2. That the City Council finds that the loan authorized by this resolution is necessary to purchase property located at 1060 Mt. Hood Avenue, Woodburn. Section 3. That said loan shall bear interest at an annual rate of 2.32%, compounded annually. interest shall be budgeted for shall apply: Section 4. That the following loan repayment schedule in which principal and Principal Interest Total -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- $370,000 $44,958.20 $414,958.20 Fiscal Year 2004-05 Fiscal Year 2005-06 Fiscal Year 2006-07 Fiscal Year 2007-08 Fiscal Year 2008-09 Final payment of the loan will be made by September 8, 2008. Approved as to form~. '~'n~"~ City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Page 1 - COUNCIL BILL NO. RESOLUTION NO. 41 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. RESOLUTION NO. WOODBURN llB September 3, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Ben Gillespie, Finance Director Supplemental Appropriation - Ordinance RECOMMENDATION: Council adopt the attached ordinance making budget transfers and contingency appropriations. BACKGROUND: Earlier this evening, the Council conducted a hearing to consider a supplemental appropriation for the General Capital Improvement Fund and the Traffic Impact Fee Fund. The attached ordinance, as amended, reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: The ordinance increases appropriations in the General CIP Fund by $470,000. Funding is provided by a loan from the TIF Fund ($370,000) and a reduction of General CIP Fund ($100,000). In the TIF Fund, loans are increased by $370,000 and Contingency is reduced by a like amount. Agenda Item Review: City Administrator'S__ City Attorney '1.3 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-2004 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodbum Independent on August 30, 2003 as required under State budget law; and WHEREAS, the City Council held a public hearing on September 8, 2003 to give citizens an opportunity to comment on the proposed 2003-2004 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2003-2004 is hereby adopted as set forth below. follows: Section 2. That fiscal year 2003-2004 revenues and appropriations are adjusted as Revenues Appropriations GENERAL FUND CAPITAL IMPROVEMENT FUND: Revenue Adjustments: Loan from Traffic Impact Fee Total General Fund CIP Revenue Adjustment Appropriation Adjustments: Capital Outlay - Other Buildings Operating Contingency Total General Fund Appropriation Adjustments $ 370,000 $ 470,000 (lO0,O00) TRAFFIC IMPACT FEE FUND: Appropriations Adjustment: Materials & Services - Loan to General Fund CIP Operating Contingency Total Traffic Impact Fee Fund Net Appropriations Adjustment $ 370,000 (370,000) -0- Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 44 Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2003-04 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: 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, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. 4.5 11C September 3, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator D. Randall Wesfrick, Recreation and Parks Direcfor~15 Community Park Master Plans RECOMMENDATION: 1. Review and comment. 2. Adopt the Legion Park Master Plan and Settlemier Park Master Plan. BACKGROUND: At the August 25, 2003 meeting, the City Council reviewed final draft master plans for Legion Park and Settlemier Park as recommended by the Recreation and Parks Board. The Council was reluctant to act on the plans since the final drafts were not included within the Council packet. Enclosed for the Mayor and Council's review is the final draft for which the Recreation and Parks Board has recommended approval. Each draft was developed as a result of the five-phase process outlined in the June 10, 2003 Legion Park & Settlemier Park Master Plans narrative. To arrive at the final drafts, the Board combined preferred features from Option A and Option. Based on this input, the consultant drafted the plan currently before the Council. DISCUSSION: At the July 25, 2003 meeting, the City Council reviewed the plan but was reluctant to act on the recommendation since the final draft was not included in the Council Packet. However, the Council did comment on the plans as presented in July. Councilor Veliz said a basketball court should be added to the Settlemier Park Master Plan. Staff recommends adding a basketball court to the plan as a part of the tennis courts. Both are hard surface developments. Fencing needed for the tennis courts would sufficiently segregate the two uses. Councilor Nichols was concerned that seating proposed for the eastern portion of the Legion Park Soccer Field would subject spectators to intense sun during late afternoon Agenda Item Review: City Administrator </~_.;jr~ City Attorney ~ Financ Mayor and City Council September 3, 2003 Page 2 · events. Staff therefore recommends that this seating be dedicated as temporary, only to be used for events when attendance is expected to exceed 800 spectators. This will ensure premium seating for almost all events the stadium hosts. Temporary seating also would allow the field to be used for many other activities such as practice for multiple teams as well as youth soccer and t-ball that could use small sections of this larger expanse of tuff. If it is the pleasure of the Council, staff will incorporate these features and others the Council may require within Legion Park & Settlemier Park Master Plans narrative. The Council could approve the plan with these changes or instruct to bring the plan back to the Council on September 22, 2003 for final approval. 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. Enclosure - Final Draft Map - Settlemier Park & Legion Park Master Plan, June 10, 2003 (provided within August 25, 2003 Council packet) N-V~cI H,~:LSVI~ '7 OIW ~oo~ '~Nflf WOODBURN llD September 4, 2003 TO: Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorder SUBJECT: Extension of Liability Insurance Coverage - RECOMMENDATION: Council approve the City's role as coordinator and the use of property owned by the City for the Viva La Independence Celebration to be held on September 13 and 14, 2003: authorize extension of the City's liability insurance for this event; and authorize extension of City's liability insurance to owners of the parking lots to be used by members of the public attending this event. BACKGROUND: Within the staff memo submitted to the Council at their August 11,2003 meeting, it was noted that the City's participation in this initial event is limited to planning and coordination, activity location, and insurance coverage. The event will be held in the downtown parking lot located between Garfield and Grant Streets and in Library Park. DISCUSSION: With the closure of the downtown parking lot for this event as authorized by Ordinance No. 2343, alternative parking locations needed to be secured in order to accommodate the vehicular traffic expected for this event. As a result, the City was able to secure off-street parking lots at 1) Chemeketa Community College (120 E. Lincoln St.), and 2) North Park Plaza (east portion of parking lot formerly used by Safeway). The property owners for these parking lots have requested that the City name the owners of these parking lots as "additional members". This will protect the owners' for those claims or damages that are a result of the City's negligence or legal liability arising out of the City sponsored activities. The City's insurance will not protect the owners' for their own negligence or legal liability. City County Insurance Services (CIS) requires Council authorization to extend liability insurance to not only cover general liability for this event but to extend liability coverage to the owners of the two parking lots. Agenda Item Review: City Administrc~~(~ City Attorney __ Finance 50 Mayor and City Council September 4, 2003 Page 2 FINANCIAL IMPACT: No financial impact estimated for the extension of liability coverage. WOODBUaN Intorl~orate~J f889 September 4, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Dean Morrison, P.E., Project Engineer, through Public Works Director,~ Contract Award for Aquatic Center Chemical Handling Rooms Building RECOMMENDATION: It is recommended that the contract for the Chemical Separation Building be awarded to Daneal Construction Company, in the amount of $68,425. BACKGROUND and DISCUSSION: The City has received one bid for structural, plumbing and electrical components of the Chemical Separation Building. The bid was received at 11:00 am and opened in public at 3:00 pm as advertised with the following results: Bidder Ori.qinal Bid Modified Bid Daneal Construction Co. $83,997.00 $68,425 This bid does not include the planned foundation and other underground work that is being accomplished with a separate contract in the amount of $31,429.83. The summation of these two contracts is $99,854.83. In addition to this contract amount, it is expected that door painting work and safety fence rental costs for six weeks will be paid by the city. The bid that the city initially rejected at the June 9 council meeting was in the amount of $124,700.00. Staff still feels that the project should cost less than the amount of bid received. However, we have rejected one bid earlier and have been unable to attract many bidders for this project. Therefore, after further review of work scope and discussion with the contractor, this recommendation is being made to award the contract to Daneal Construction in the amount of $68,425.00. Agenda Item Review: City Administrator~~ 52 City Attorney __ Financ~ Mayor and City Council September 4, 2003 Page 2 PRIOR WORK HISTORY OF THE CONTRACTOR: Prior work completed by Daneal Construction for the City of Woodburn is as follows: a. 1987- Bypass Open Channel to provide additional flexibility to old Wastewater Treatment Facility. b. 1988- Industrial Park water well #10 well house. This included pump, motor, valving, pipes and electrical. c. 1994- Astor Street water well #11 well house; same inclusions as above. d. 1996- City Hall basement wastewater pump station. All work of Daneal Construction has been satisfactory and corrective action, where necessary, was taken by the contractor without argument. FINANCIAL IMPACT: $68,425 contract plus incidentals and city labor cost of painting H:\MyFiles\BID DOCS\Memo to Council-Chem Bldg Bid Acceptance GST 9-4 11F September 2, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator David Torgeson, Assistant City Engineer ~~, Approval of Assignment of Contract Funds of BMT Northwest, Provider of Steel Tanks, to Southwest Escrow Company RECOMMENDATION: Authorize the City Administrator to execute, on behalf of the city, the "Assignment of Contract Funds and Consent Thereto," furnished as Exhibit "A" in the BMT letter dated August 29, 2CX)3. BACKGROUND: BMT Northwest (also Known as Brown Minneapolis Tank) was awarded the contract for construction of steel reservoirs in connection with the Water System Improvement Projects. The award to BMT was in the amount of $2,088,558.00. BMT has not submilted signed contracts to the city, and has not received notice to proceed. Bonds for Performance and Payment and labor & materials must also accompany contracts. BMT, in private discussion with their bonding company, has understood that to obtain bonding, they (BMT) must assign proceeds from the contract to an escrow company. BMT requested action by the city in their letter dated August 29, 2003. A copy of that letter, containing escrow instructions, is available for review at Public Works. DISCUSSION: The assignment of payments to the bonding company, to which the city will consent by execution of Exhibit "A,' allows the bonding company to ensure that payments for work of the project will ga to labor and materials providers of this project. This provides an additional level of protection relating to the performance and payment bonds. FINANCIAL IMPACT: None Agenda Item Review: City Administrato~:~ City Attorney Finance 54 EXHIBIT A ASSIGNMENT OF CONTRACT FUNDS AND CONSENT THERETO This Assignment of Contract Funds and Consent Thereto (hereinafter "Assignment") is entered into this 22nd day of August, 2003 with project contractor Brown-Minneapolis Tank Northwest, LLC ("Contractor") City of Woodbum ("Obligee"). RECITALS WHEREAS, Contractor has entered into an agreement for construction or other services ("Contract") with City of Woodbum ("Obligee"), conceming that certain project known as City of Woodburn Treatment and Storage Project ("Project"). WHEREAS, Contractor was required to obtain performance, payment and maintenance bonds regarding the Contract and the Project; WHEREAS, Surety has required that Contractor select a fund control company to receive and disburse monies under the Contract; WHEREAS, Contractor has selected and retained THE SOUTHWEST ESCROW COMPANY ("SWEC"), under a THE SOUTHWEST ESCROW COMPANY Disbursing Agreement dated the 22nd day of August, 2003 to provide such fund control services on its behalf; and WHEREAS, Contractor binds himself his successors, assigns and legal representatives, to all covenants of this Assignment. WHEREAS, GULF INSURANCE COMPANY (Surety) acknowledges that the City of Woodburn ("Obligee") will make payments to THE SOUTHWEST ESCROW COMPANY and agrees that this change in payment terms does not cause City of Woodbum ("Obligee") to be in default of any previous agreements on payments. CLAUSES NOW THEREFORE, in consideration of the preceding recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Obligee and Contractor agree as follows: Through this instrument, Obligee consents that all Contract Funds due Contractor shall be remitted to and made payable directly to SWEC, at 4200 Research Forest Drive, Suite 200, The Woodlands, TX 77381, including, but not limited to, any and all amounts now due, scheduled to become due in the future, or which become due on account of any increases in or amendments, additions, supplements, extensions, extras, change orders, additional work or other additional matters relating to the Contract (collectively the "Contract Funds"). The foregoing assignment of Contract Funds is irrevocable, unconditional and absolute, and is not for security purposes. The parties recognize however that the foregoing does not prevent the Obligee from withholding from payment to SWEC any 515 o amounts Obligee would be entitled to withhold from Contractor by virtue of terms of the Contract, or by law. The Contractor represents and warrants that he has full legal authority to enter into this Assignment, and that he has taken all corporate action necessary to authorize himself to enter into and perform under the Contract and this Assignment. SWEC shall use the contract funds paid to SWEC under this Assignment to discharge the Contractor's obligations to subcontractors and suppliers for any work performed under this contract. CITY OF WOODBURN (Obligee) By: Its: BROWN-MINNEAPOLIS TANK ~ORT~WES!, J/LC (Contrac~~ Its: GULF INSURANCE COMPANY (Surety) Simmons Its: Attorney in fact NOTE: This must be signed by an authorized representative of the Obligee. The architect or engineer should not sign this document. lucor~or~tt~t t859 14A September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development/~~ // ~ Planning Commission's Action on Planned Unit Development Phasing Plan 02-01 and Variance 03-19 02-03, 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 August 28, 2003 the Planning Commission adopted a final order approving the applicant's request for preliminary planned unit development (PUD) approval and design final plan approval for a 78 lot planned unit development to be developed in 3 phases and named "Goose Hollow at Tukwila." The Planning Commission also approved the applicant's variance request to the maximum 1,200 foot block length requirement on Meridian Drive. The subject properties (22.47 acres) are located north and south of Hazelnut Drive, north of Meridian Drive, east of the OGA Golf Course and west of the Woodburn High School (T5S-1W-07AB & 07AC, Tax lots #3200, #2600 & #2601 ). The subject properties 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 north and west are zoned RS, designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and are the location of the OGA golf course. The property to the east is zoned Public and Semi- Public (P/SP), designated Open Space and Parks on the Woodburn Comprehensive Plan Map, and the location of the Woodburn High School. The property to the south is zoned Commercial Office, designated Commercial on the Woodburn Comprehensive Plan Map, and is the location of offices. The subject site is located outside of the 500-year floodplain. The Local Wetlands Inventory Map shows a significant wetland located to the north of the subject property and non-significant wetlands located to the west of the subject site. These wetlands are the ponds located on the golf course. The applicant submitted a letter from a wetland Agenda Item Review: City Administrator City Attorney __ Finance 57 Mayor and City Council September 8, 2003 Page 2 consultant regarding the significant wetland area to the north of the subject properties which states that "...Regarding the suspect area along the northern boundary, based on the found corners in relation to the adjacent golf course water obstacle, it is my opinion that there are no jurisdictional wetlands located on the subject property in that area..." 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. In February of 1991, the Woodburn Planning Commission gave conceptual approval of the Tukwila Planned Unit Development (PUD). The plan called for the construction of an 18 hole golf course and a housing mix of approximately 700 housing units to be built over a number of years dependent on the housing market. Several pods of the Tukwila PUD have already been approved (Orchard Greens, Miller Farm, Joy Village, Ironwood at Tukwila and the Links at Tukwila). The total number of approved lots in the above listed pods is 299 lots. The applicant is proposing to develop another pod (76 residential lots) within the Tukwila PUD which will be called "Goose Hollow at Tukwila." The development of the Goose Hollow at Tukwila will increase the number of approved residential lots within the Tukwila PUD to 375 lots which is below the maximum of 700 residential lots and consistent with the original Tukwila PUD approval. On June 26, 1997 the Woodburn Planning Commission approved a 24 lot Planned Unit Development on the subject site ("Greens at Tukwila"). This approval expired because the applicant did not record a plat within the approval time period. The applicant is proposing to develop the PUD in 3 phases and finish construction in 5 or 6 years. The applicant shows on the submitted preliminary phasing plan that 22 single family residential lots will be developed in Phase 1, 24 single family residential lots in Phase 2, and 30 single family residential lots in Phase 3. The applicant is proposing two tracts (A & B) in Phase 3. Tract A & B are open spaces that contain the floodway located on the southern portion of the subject properties and will be maintained by the Tukwila Homeowner's Association. APPLICANT/PROPERTY OWNER: John Baker (Dijahnelos Homes, Inc.) 2355 Miller Court Woodburn, OR 97071 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 58 WOODBURN 14B September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development//~ (/ Planning Commission's Action on Variance 03-~4 (Variances A, B and C) located at 310 Broadway Street 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 August 28, 2003 the Planning Commission adopted a final order approving the applicant's variance requests to the street standards on Broadway Street to eliminate the 4.5 foot planter strip requirement on both sides of the street (Variance A); variance approval to the street standards on "B" Street to allow for the reduction of the required right of way from 60 feet to 40 feet, the street improvement from 34 feet to 24 feet and the elimination of the 4.5 foot planter strip on each side of the street (Variance B); and variance approval to the vision clearance standards (10 foot vision clearance triangle at a driveway) to allow for an access permit to be issued for a new access to the north of the existing building located at 310 Broadway Street (Variance C) The subject property is located at 310 Broadway Street (T5S-1W-18AC, Tax lot #1200). The subject property is zoned Light Industrial (IL) District and designated Industrial on the Woodburn Comprehensive Plan Map. The properties to the north (across Broadway Street) are zoned Commercial Office (CO), Medium Density Residential (RM) and IL. These properties are designated Industrial on the Woodburn Comprehensive Plan Map and are the location of parking and single family dwellings. The property to the west (across "B" Street) is zoned IL, designated Industrial on the Woodburn Comprehensive Plan Map and is the location of an industrial business. The property to the east is zoned RM, designated Industrial on the Woodburn Comprehensive Plan Map and is the location of a single family dwelling. The property to the south is the location of the Union Pacific Railroad right of way. An existing 22,000 square foot industrial building is located on the subject site. The applicant is leasing the west side of the building for a metal siding business. The applicant is proposing a new access on Broadway Street located 50 feet from the corner Agenda Item Review: City Administrato City Attorney __ Finance ~ 59 Mayor and City Council September 8, 2003 Page 2 of the intersection of "B" Street and Broadway Street. No wetlands are located on the subject site. The subject property is located outside of the 500 year floodplain. Applicant: Property Owner: DISCUSSION: None. FINANCIAL IMPACT: Laura Hagenauer 1129 Belle Passi Road Woodburn, OR 97071 Paco LLC Robert Payne 960 Tukwila Drive Woodburn, OR 97071 There is no financial impact associated with the recommended action. 60 /near?orated t889 14C September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development/~ (/ Planning Commission's Action on Design ReviewS'03-09 & Variance 03-22, a proposal to construct a 4,020 square foot building in the Commercial General (CG) zoning district. A variance was also requested to reduce the minimum drive-through and by-pass lane widths. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the VVoodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On August 28, 2003 the Planning Commission adopted a final order approving a proposal to construct a 4,020 square foot building that is to have a 2,132 square foot Subway restaurant and a 1,888 square foot office space. The subject site is located on the northeast corner of Lawson Avenue and Stacey Allison Way, and was originally constructed as a large vehicle parking lot when the Super 8 Motel was built. The subject property is zoned Commercial General (CG) and designated Commercial on the VVoodburn Comprehensive Plan Map. A variance was also approved to allow the minimum drive-through and by-pass lane widths be reduced to 9 feet from the required 12-foot minimum width. The combined drive-through and by-pass lane width approved is thus 18 feet wide. Applicant/Property Owner: David Cantwell P.O. Box 816 Aurora, OR 97002 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agendo Item Review: City Administrotor ~ City Attorney __ Finonce 61 Incoryoraled '1889 14D September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development//~ Director's decision on Design Review 03-07, a proposal to convert a portion of the '~/Voodburn Community Market" to a rental/dance hall. 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 August 26, 2003, the Community Development Director approved a proposal to convert a portion of the '~Noodburn Community Market", located at 2225 N. Pacific Highway, t o a r ental/dance hall. The subject property i s zoned Commercial General (CG) and designated as Commercial on the Woodburn Comprehensive Plan Map. Structures and uses on the 2.27 acre site include the 76 gas station abutting Highway 99E, the Woodburn Community Market, which is located in the 15,670 square foot main building facing Highway 99E, and a conglomeration of attached storage buildings in the rear (some facing National Way) that total 10,743 square feet. Most of the site is paved with the exception of the north side of the property where the applicant has proposed new parking and paving. The applicant proposes to convert 2,493 square feet of the Woodburn Community Market building to a dance hall and rental center. Applicant: Property Owner: Simon & Jana Herrera 12323 SE Mill St. Portland, OR 97233 Karich LLC P. O. Box 889 Woodburn, OR 97071 Agenda Item Review: City Administrator~/ City Attorney_ Finance 62 Mayor and City Council September 8, 2003 Page 2 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. WOODBURN I#~arFor~llcd 1~89 A 14E September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development,/~?~,//? Director's decision on Design Review 03-15, ~3' proposal to expand the Willamette Broadband telecommunications building by 934 square feet. 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 August 26, 2003, the Community Development Director approved a proposal to expand the Willamette Broadband telecommunications building located at 635 Ray J. Glatt Circle. T he subject. 55 acre property i s zoned Commercial O rice (CO) a nd i s designated Commercial on the Woodburn Comprehensive Plan M ap. The proposed expansion consists of a 934 square-foot addition to the west side of the existing building to accommodate television channel control equipment. The entire building is for authorized staff only and not for the general public. The existing building is one story and 2,290 square feet in size. The building will increase in size to 3,224 square feet as part of this addition and will remain one story. Applicant: Chris Yeit 3095 River Road N. Salem, OR 97303 Property Owner: Willamette Broadband, LLC 635 Ray J. Glatt Circle Woodburn, OR 97071 DISCUSSION: None. FINANCIALIMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrato~~1~' City Attorney ~ Finance __ 64 14F September 8, 2003 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Jim Mulder, Director of Community Development~~-) Community DeYelopment Director's Action on Design Re¥iew 03-'14 located at 400 Woodland Avenue. 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 September 4, 2003, the Community Development Director approved the applicant's request for administrative design review approval of a 320 square foot modular office building on the east side of the Winco Foods property located at 400 Woodland Avenue. The subject site is further identified on Marion County Tax Assessor's Maps as Township 5 South, Range 2 West, Section 11, Tax Lot 100 and 5 South, Range 2 West, Section 14, Tax Lot 100. The property is 82.12 acres in size and is currently being used as a distribution and warehousing center for Winco Foods. The subject property is zoned Light Industrial (IL). The adjacent properties to the north (across Newberg Highway) and east are zoned Commercial General (CG) and designed as "Commercial" on the Woodburn Comprehensive Plan map. The property on the east is in use as Hillyer's Mid-City Ford Car Dealership and the property on the north (across Hwy 219/Newberg Hwy) is being used for the Miles Chevrolet auto dealership. The parcel to the north and west (across Woodland Avenue) is zoned Light Industrial, designated "Industrial" on the Woodburn Comprehensive Plan map and is being used for a warehouse and distribution center by the Do It Best Hardware Company. Interstate 5 extends along the southeast side of the property. The properties to the west (across Interstate 5) are zoned Commercial General (CG), designated "Commercial" on the Woodburn Comprehensive Plan map and are the location of the Wal-Mart retail store and vacant land. The VVoodburn City Limits extend along the west and southeast sides of the subject site. The Urban Growth Boundary (UGB) extends along the property's west boundary. The adjacent property to the west is zoned Marion County Exclusive Farm Use (EFU) and is used as farmland. There is no wetland located on the Winco property. The subject site is located outside of the 500 year floodplain. Agenda Item Review: City Administrato~~' City Attorney_ Finance__ 65 Mayor and City Council September 8, 2003 Page 2 The subject property has been developed with a 911,097 square foot (main building, truck maintenance garage and salvage building) food distribution facility which is owned and operated by Winco Foods. The Woodburn Community Development Director approved the partition of the subject property into two parcels (an 82.12 acre parcel and a 1.39 acre parcel) on March 11, 2003 (Case File No. PAR 02-02). In 2002 (Case File No. SPR 02-02) the Planning Commission approved an expansion of the north side of the main building with a 49,496 square foot cold storage area and a 4,629 square foot equipment storage area. This 54,125 sq. ft. addition was part of the phase III development of the overall master plan for the site. Phases I and II were approved by the Planning Commission in May of 1996 through site plan review approval (Case File No. SPR 96-05). Applicant: Iverson's Unlimited Inc. P.O. Box 100 Sublimity, OR 97386 Property Owner: DISCUSSION: None. FINANCIAL IMPACT: Win¢o Foods ATTN: Roger M. Roth P.O. Box 400 Woodburn, OR 97071-0400 There is no financial impact associated with the recommended action.