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Agenda - 04/26/2004
WOODBURN CITY COUNCIL AGENDA APmL 26, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. There is a 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. There is a vacancy on the Planning Commission. If you are interested in serving on this commission, please call City Hall at 982-5228 for an application. Co A City Budget Workshop to discuss the Capital Improvement Plan will be held on April 27, 2004 at 7:00 p.m. in the City Hall Council Chambers. There will be an open house on the periodic review amendments and UGB expansion on April 29, 2004 from 5:00 to 7:00 p.m. in the City Hall Council Chambers. Eo "Mother's Day" Spa Day at the Aquatic Center will be held on May 2, 2004 from 1:00 to 4:00 p.m. Activity choices include aerobics class, spa and sauna, manicure, facial, and massage. Cost is $20. Begister at the Aquatic Center or call 982-5288. Appointments: None. · 'I-tabra int~rpretes bispod{~[es para aqu~[[as personas q~e no ba[~[an Ing[~s~ previo acueri~o. Com~n~quese a[ (5o3) 98o-:z485." Apnl 26, 2004 Council Agenda Page i 4. PROCLAMATIONS/PRESENTATIONS e e e Proclamations: A. Police Memorial Week, May 9-15, 2004 Mental Health Awareness Month, May 2004, and Mental Health Counseling Week, Mary 2-8, 2004 Presentations: C. Livability Task Force Property Pride Award to United Disposal D. Gary Lawhead, MacLaren Superintendent, will make their Annual Presentation to the Aware Food Bank COMMITTEE REPORTS Chamber of Commerce Woodburn Downtown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.} CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Aw Woodburn City Council minutes of April 12, 2004 Recommended Action: Approve the Woodburn City Council minutes. Be Woodburn Recreation and Parks Board draft minutes of April 13, 2004 Recommended Action: Accept the Woodburn Recreation and Parks Board draft minutes. Ce Woodburn Planning Commission minutes of April 8, 2004 Recommended Action: Accept the Woodburn Planning Commission minutes. D. Woodburn Public Library Monthly Report for March 2004 Recommended Action: Accept the report. 1 2 3 12 15 28 April 26, 2004 Council Agenda Page E. 29 Claims for March 2004 Recommended Action: Accept the report. 9. TABLED BUSINESS None. 10. GENERAL BUSINESS Council Bill No. 2506 - Resolution entering into Grant Agreement No. 21575 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. 35 Be Council Bill No. 2507 - Resolution authorizing extension of a Contractual Services Agreement with Huggins Insurance Services, Inc. as the City's Insurance Agent of Record Recommended Action: Adopt the resolution. 39 Re-opening of Marion County Work Center Recommended Action: Authorize staff to draft a letter to Marion County Budget Committee in support of re-opening the Marion County Work Center 43 De Liquor License Change of Conditions - Exterior Area Recommended Action: Allow a change of conditions to permit service of wine by the glass in exterior areas at Chateau Benoit Winery Outlet Store. 45 Contract Award for Demolition of House Recommended Action: Award contract for removal of the house located at 1060/vtount Hood Avenue to the low bidder, Ali-Ways Excavating, for .$8,273.00. 55 Fe Contract Award for Boones Ferry Road Undergrounding Utilities Recommended Action: Award the construction contract to the lowest responsible bidder, C & M Construction for undergrounding of utilities on Boones Ferry Road and a portion of Settlemier Avenue in the amount of $260,555.50. 56 11. PUBLIC HEARINGS None. April 26, 2004 Council Agenda Page iii 12. 13. 14. 15. 16. 17. 18. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up Dy the City Council. ke Planning Commission's Approval of Conditional Use 03-07, Design Review 03-23, and Variance 03-29 (1084 Country Club Road} Planning Commission's Approval of Planned Unit Development 03-02 and Variances 03-34, 03-35, 03-36 and 04-06 (Tukwila Phase III) CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION Ao To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation Iii<ely to be filed pursuant to ORS 192.660 (1) (h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660(1 )(e). ADJOURNMENT 58 61 April 26, 2004 Council Agenda Page iv PROCLAMATION POLICE MEMO WEEK May 9-15, 2004 WI-IE~S~ The Congress and President of the United States have designated May 15, 2004 as Peace Officers' Memorial Day, and the week in which May 15th fails as National Police week; and ~VHI;.R~..AS~ the members of the Woodburn Police Department pIay an essential role in safeguarding the rights and freedoms of the citizens of Woodburn; and WHI~S, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHE~S~ the men and women of the Woodburn Police Department unceasingly provide a vital public service; NOW, THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, call upon all citizens of Woodbum and upon all patriotic, civic and educational organizations to observe the week of May 9th - May 15th, 2004, as Police Week with appropriate national and local ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of Woodburn to observe Saturday, May 15, 2004 as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WH.~REOF, I have hereunto set my hand and caused the Seal of the City of~dburn to be"~ ffixed this 26t~ day of April 2004. ~Kat~ Figle~, .yor~ ,/ ~ ~CJW ~vVoodbhrfi ~ 4A PROCLAMATION MENTAL HEALTH AWARENESS 4B WHEREAS, as the Mayor of Woodbum, I am pleased to join with the American Mental Health Counselors Association (AMHCA) and the Oregon Mental Health Counselors Association (OMHCA) to declare that the month of May 2004 be designated as T/~ dHo#tk of dH¢#tal Healtk Aware#~ss in Oregon and that the week from 5/2/04 to 5/8/02 be designated as Mental Health Counseli#~ ll~e~k; and WHERe, our society, already stressed over inter and intrapersonal issues, would benefit from an awareness of Mental Health, as demonstrated by the effects of 9/11; and WHEREAS, people need to recognize the difference between the lack of Mental Health and the process of creating Mental Health; and WHEREAS, cultivating this awareness could help people avoid the consequences of untreated anxiety, untreated depression and physical deterioration; and WHEKEAS, the clearer a person's thought process is, the more opportunity he or she has to deal with and grow beyond the stressors, and thus help to prevent the occurrence of DOMESTIC VIOLENCE, CHILD ABUSE and FAMILY INSTABILITY; and WHEKF. AS, focusing and preparing for Mental Health Awareness can help transform a perception of emotional deprivation and vulnerability into a perception of emotional prosperity and effectiveness; and WHEKEAS, the vehicle for promoting Mental Health Awareness can take the form of a United States Postage Stamp, every citizen could benefit from this constant reminder; NOW, THEREFORE, I, Kathryn Figley, Mayor of the City of Woodbum, do hereby support the designation of May 2004 as Tl~ dl,lonth of Mental Health A,varencss and also, I supp,o~rt the designation of the week of 5/2/04 to 5/8/04 as Mental Hcaltk Counseling ~eek It is my understanding that the thrust of this year, as well as this week, will be the support of the creation of a Mental Health Awareness Postage Stamp and the promotion of the Positive, Progressive Nature of recognizing and promoting Mental Health. ~SS WHEKEOF,~ave hereunto set my hand and caused the Seal of the City of Woodbum ..... 2 8A COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 12, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bj elland Present Councilor Cox Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Police Chief Russell, Public Works Director Tiwari, Community Development Director Mulder, Public Works Manager Rohman, Park & Recreation Director Westrick, Finance Director Gillespie, Recorder Tennant 0045 ANNOUNCEMENTS. A) Woodburn Tulip Festival Parade will be held on April 17, 2004 beginning at 10:00 a.m.. The parade route will begin at the Woodbum Aquatic Center and will wind around the Downtown area. B) City Budget workshop will be held on April 17, 2004 at 1:00 p.m. in the City Hall Council Chambers. C) Friends of the Library book sale will be held April 23 and 24, 2004, from 10:00 am to 4:00 pm at the Woodbum Public Library. D) Annual Spring Cleanup will be held on Saturday, April 24, 2004, from 8:30 am until 11:00 am. Volunteers are asked to meet at the Woodbum High School front entrance parking lot for instructions and supplies. 0122 APPOINTMENTS. A) Greenway Task Force: Mayor Figley recommended Council approval of the following appointments to the Greenway Task Force which has been formed to plan for improvements to the City's greenway: Willis Grafe, Richard Morris, Phyllis McKean, and Nancy Kirksey. NICHOLS/SIFUENTEZ .... appointments made by the Mayor be approved. The motion passed unanimously. 0191 MAYORAL APPOINTMENT OF WARD V COUNCILOR. Mayor Figley stated that she carefully considered the appointment to this position since it is one in which the citizens of the Ward did not have an opportunity to vote on the Page 1 - Council Meeting Minutes, April 12, 2004 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING selection of this individual since the position was vacated prior to the term expiration date. In this case, she felt that it was very important to appoint a person who is very knowledgeable on City issues and, after meeting with this individual, she expressed her opinion that he honest, hard working, and have the interest of his constituents and the City at heart. Mayor Figley appointed Frank Lonergan to the Ward V Council position subject to Council approval. BJELLAND/MCCALLUM... approve the appointment of Frank Lonergan to the Ward V Council position. Councilor Nichols stated that Mr. Lonergan is well aware of City issues and felt that he would do an excellent job as Councilor. Councilor Cox stated that he had served with Mr. Lonergan on the Planning Commission and also expressed his opinion that he would do a good job on the City Council. On roll call vote, the motion passed unanimously. OATH OF OFFICE. Frank Lonergan took the oath of office and then took his seat at the Council bench. 475 Mayor Figley stated that the Planning Commission position held by Mr. Lonergan is now vacant and she requested that citizens interested in serving on the Commission to submit an application to the Mayor's office as soon as possible. 0500 PROCLAMATION: NATIONAL LIBRARY WEEK. Mayor Figley declared the week of April 18-24, 2004 as National Library Week and urged citizens to visit the Library not only during National Library Week but throughout the year and take advantage of the information that is offered at our local library. 0621 PRESENTATION: WILLAMETTE BROADBAND. Wayne Vestal, Willamette Broadband President, stated that he is new to Willamette Broadband in Oregon and appeared before the Council to introduce himself and assure the Council that Willamette Broadband will continue to make changes to their programs in order to maintain their service level within this competitive market. A survey has been sent out to customers to find out what they like and do not like about the current service with the results currently being compiled by his organization. Councilor McCallum questioned what is being done by Willamette Broadband to keep service costs competitive and yet provide quality programs. Mr. Vestal stated that, as part of the survey, they are doing a market analysis on the products they have and rates may be adjusted due to programing costs. In regards to DSL, they will be analyzing their product and price accordingly. Councilor Bjelland questioned when high definition TV will be offered to Willamette Broadband customers. Mr. Vestal stated that they will try to stay in line with the federal regulations and to date, Page 2 - Council Meeting Minutes, April 12, 2004 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING not all broadcasters have agreed to the standards for the high definition TV. He did not have a time line for when the change would be made, however, it may be 8 to 10 years before the federal regulations are finalized. 1052 PRESENTATION: WATER TREATMENT FACILITY UPDATE. Mayor Figley stated that she had an opportunity for a site visit a couple of weeks ago and she encouraged the Councilors to contact the Public Works Department to also visit the construction sites. Public Works Director Tiwari stated that his department is moving along with the water project which involves water treatment process and construction of the new facilities. Travis Tormanen, Project Engineer for Kennedy/Jenks Consultants, stated that the project objectives included 1) water quality improvement by removing the iron and manganese and keeping the radon and arsenic levels in the water below the EPA limits, 2) continue to meet current and future federal and state regulations as those roles change, and 3) increase the storage capacity to better meet the normal and emergency use demands of the community. Facility sites are located on Parr Road, Country Club Road, and National Way. Three wells have been added to the City's system one of which is located at the Parr Road facility, another well on Settlemier west of Settlemier Park, and a third well in the northeast comer of the City. The three facility sites will each have a treatment plant and storage reservoir. The main control center for all plant operations will be located on Young Street at the Water Division office. It was noted that there are 7 active wells within the City and one additional well will be drilled in the summer of 2004. He presented information on a typical floor plan and treatment process at a water treatment site. Public Works Manager Rohman showed photographs of the stages of construction at the various sites. Water pumped from wells located away from the treatment plants flows through transmission lines to the plant for treatment and then flows through service lines to the households. It was also noted that pressure filters will be the method of water treatment to remove the iron and manganese and to comply with federal and state regulations. In regards to the storage reservoirs, the tank located at the Country Club Road site is significantly smaller than the reservoirs at the Parr Road and National Way sites. The total storage capacity for the three sites is approximately 4.75 million gallons. It is anticipated that the treatment plans will be fully operational by the summer of 2005, however, it is unknown at this time as to how long it will take for treated water to appear in all distribution lines to the households. Staff will be developing a line flushing program to expedite movement of treated water through all distribution lines. It was also noted that the plan is to have the plants undergo operational testing at different times. The estimated cost for this project is $19.3 million and staff feels confident that this project will not exceed the estimated costs. Page 3 - Council Meeting Minutes, April 12, 2004 15 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING 2880 CHAMBER OF COMMERCE REPORT. Jeanne Hahn, representing the Chamber Board, provided the Council with an updated list of activities scheduled by the Chamber: 1) Greeter's Program - 7:30 am until 9:00 am: April 17th - Lupita's Restaurant (Hosted by Woodbum Downtown Assoc.) April 23rd - Edward Jones Investments (Hosted by Bob Rhoades) April 30th - Courtyard Caf6 (Hosted by Doug Hess) 2) Chamber Lunch Forum will be held on April 21st at Tukwila Center for Health and Medicine with this month's presenters being Marion County Commissioners Milne, Carlson, and Brentano who will give the "State of County" address. 3) Chamber Board will meet on April 14th for their monthly meeting. She also distributed copies of the newly published community map which will be distributed throughout local motels, local and regional events, in Chamber relocation packets, and to Chamber visitors. The purpose of the map is to promote Woodbum to locals and visitors as a Woodburn being a desirable place to live and visit. This project was funded jointly through advertising dollars and through the City's transient occupancy grant dollars received by the Chamber this year. Jeanne Hahn introduced Daniel Schmidt, Leadership Youth Program member, who gave a short presentation on his experiences with this program. Daniel Schrnidt, Woodburn High School junior, stated that the first month of the program involved discussions on the aspect of youth leadership, leadership types, and program expectations. The second month pertained to the history of Woodburn and the students toured the Settlemier House. The third month focused on businesses in Woodbum and presenters included Piper's Jewelry, YES Graphics, Bauman Farms, and AgriPac Foods. The fourth month involved juvenile judiciary proceedings in Salem and they toured the juvenile detention facility and the MacLaren Correctional facility. The fifth month of the program was on service components involving such programs as Habitat for Humanity, Community Outreach Clinic, Relay for Life fundraiser for cancer research, and Silverton Hospital service programs. 365O CONSENT AGENDA. A) approve the Council minutes of March 22, 2004; B) accept the Library Board minutes of March 10, 2004; C) accept the Planning Commission minutes of March 11, 2004; D) accept the Planning Commission minutes of February 26, 2004; E) accept the Community Center Task Force meeting notes of April 5, 2004; F) receive the Aquatic Center revenue comparison report; G) receive the Recreation Division program participation report; H) receive the Police Department statistics report for February 2004; I) receive the Building Activity report for March 2004; J) receive the Planning Project Tracking Sheet dated March 29, 2004; and Page 4 - Council Meeting Minutes, April 12, 2004 6 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING K) receive the report regarding the delay of the Qwest Audit. Councilor McCallum questioned if the Teen Scene participation numbers were included in the Recreation Division report. Director Westrick stated that the Teen Scene numbers may have been left out due to the current vacancy in that division, however, they will be included in the next report. MCCALLUM/NICHOLS .... adopt the consent agenda as presented. The motion passed unanimously. 3794 COUNCIL BILL 2504 - ORDINANCE PROHIBITING PUBLIC PLACE PARKING IN A PORTION OF THE DOWNTOWN AREA TO PREVENT INTERFERENCE WITH OPERATION OF THE 2004 PLAZA CELEBRATIONS, 4079 AND PROVIDE FOR CIVIL ENFORCEMENT. Council Bill 2504 was introduced by Councilor Sifuentez. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Administrator Brown stated that the celebrations are held in the downtown parking lot, however, when this area is under construction for the new plaza, the current planning is to move the celebrations to Settlemier Park. Final determination of the location of these events will be made once it is known how large these events are and where they would be best accommodated. The event organizers will be following the same set of rules that anyone would need to follow when utilizing a Park Use permit. It was noted that if the City is an active partner in an event, there may be some sharing of costs, waiving of fees, or sharing of resources involved. Councilor McCallum requested that the Council receive a report regarding any partnership as plans are developed. Administrator Brown stated that staff will provide a report before there is any move off of the parking facility as the celebration site along with any proposed City involvement at that time. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2504 duly passed with the emergency clause. COUNCIL BILL 2505 - ORDINANCE GRANTING A ZONE CHANGE FROM RS (SINGLE FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) ZONE ON PROPERTY LOCATED AT 1840 NEWBERG HIGHWAY. Councilor Sifuentez introduced Council Bill 2505. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2505 duly passed with the emergency clause. 4188 ACCEPTANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of the following Bancroft Bond applications submitted by property owners within the E. Hardcastle Avenue LID which were received Page 5 - Council Meeting Minutes, April 12, 2004 7 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING after the initial 1 O-day filing period: Joaquin and Veronica Cortez & Antonio Giron; Israel Rios; Jose & Rosa Leos; Jill Dilsaver; Regina & Larry Lagging; Charlene Mendoza; Jose Rivera; Jose & Leobarda Valenzuela; and Bill & Noreen Kapssof. COX/MCCALLUM... authorize the acceptance of the late filed Bancroft Bond applications as set forth in the staff report. The motion passed unanimously. 4225 BLAINE / BRYAN / MCKINLEY STORM DRAIN PROJECT CONTRACT 4395 ASSIGNMENT. BJELLAND/SIFUENTEZ... authorize the assignment of construction contract on project number 2003-024-36 from Wayne Jeskey Construction Company to Elting Incorporated. Councilor Cox questioned if Elting Incorporated has been pre-qualified in the same manner as any other construction firm. Director Tiwari stated that Elting Inc. is pre-qualified and they have provided the City with the necessary bonding documents in order to continue with the project. Councilor Bjelland stated that the staff report does state that Elting Inc. was a 50% owner of Wayne Jeskey Construction to begin with so they are not a new party to this construction project and Elting Inc. is now purchasing the interest of Wayne Jeskey Construction. The motion passed unanimously. RIGHT-OF-WAY AND EASEMENT ACCEPTANCE - BOONES FERRY ROAD IMPROVEMENT. Mayor Figley stated that the warranty deed and public utility easements in the agenda packet have been replaced by the documents that were distributed to the Council at the start of this meeting. Councilor Cox stated that he had raised some questions about the format of the documents in the agenda packet and he is satisfied with the revised versions prepared by staff. NICHOLS/SIFUENTEZ .... accept the documents from Woodburn School District No. 103. The motion passed unanimously. 4488 CITY AUDIT CONTRACT. NICHOLS/BJELLAND... authorize City Administrator to execute the contract with Boldt, Carlisle, and Smith for audit services. The motion passed unanimously. 4526 TRAFFIC ENFORCEMENT TEAM. Administrator Brown reviewed his staff report which requested authorization to add two police traffic enforcement officers who would dedicate 100% of their time to motorcycle traffic patrol. There are currently two officers on staff who are trained to ride motorcycles when they are not pulled off of those assignments to deal with other Page 6 - Council Meeting Minutes, April 12, 2004 $ TAPE READING COUNCIL MEETING MINUTES APRIL 12, 2004 departmental issues. In recent months, these individuals have not been able to work motorcycle patrol due to a number of vacancies the department has had deal with and, as a result, traffic enforcement activities have not had as high of a priority as regular patrol activities and criminal investigations. The department is close to being at full staff again and traffic enforcement is an area in which the staffwould like focus their attention. Traffic calming devices have been discussed by the Council as a method of slowing traffic down throughout the City, however, staff needs to do more work on this issue before a recommendation will be made to the Council. In the meantime, staff feels that additional traffic enforcement is an immediate answer to reducing vehicular speed on all city streets. Many of the accidents that have occurred are a direct result of vehicle speed and failure to obey the basic rules of the road. He reiterated that the addition of the two motorcycle officers, along with the existing motorcycle officers, will provide the City with 7 day coverage. Staff believes that the officers will be generating revenue that will more than pay for the personnel and equipment costs for the positions. The request to move forward with the positions at this time will give staff an opportunity to begin the recruitment process and obtain necessary equipment for the officers to begin working by July 1, 2004. Councilor McCallum questioned if these officers would be dedicated strictly to traffic enforcement or would they be assigned to other patrol duties when necessary. Chief Russell stated that if an emergency arises that needs to be dealt with then the motorcycle officers could assist. Otherwise, these officers would be assigned to traffic enforcement. In the event weather conditions are not conducive for motorcycle operation, the officers would be assigned a vehicle to use for traffic enforcement. Councilor McCallum expressed his support for the positions but did not want to lose the flexibility of using the officers in other areas of police work as the need arises. In regards to traffic calming devices, he requested that the report include comments solicited from other emergency service providers within the City. Administrator Brown stated that contact has been made with local fire and ambulance providers in addition to other police departments that have devices in place. Some additional engineering information is necessary before a final report can be made to the Council. Councilor McCallum also expressed concem regarding bicyclists not obeying the traffic laws and he hoped that the officers will take necessary action to work on this problem. Chief Russell stated that his department will be working on enforcement of laws pertaining to bicycles and scooters. Councilor Cox stated that staff has done an excellent job in presenting this proposal, however, he did not want the officers to replace the traffic calming device concept. He reminded the Council that traffic calming devices will never be'on arterials and collector streets which is where the statistics show an excessive amount of speeding. Brief discussion was held regarding the revenue projections and Administrator Brown stated that the estimate was based on an officer writing 1 ticket per hour per shift which is Page 7 - Council Meeting Minutes, April 12, 2004 9 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING Tape 2 fairly minimal. Additionally, officers would be assigned to areas where staffknows problems exist and to those areas in which complaints are received from the public. Councilor Bjelland expressed his opinion that this program is a method of prevention with the intent being to reduce the amount of speeding and other traffic violations occurring within the City. NICHOLS/MCCALLUM... grant the request to add two police officer positions in the amount of $142,944 in salaries and benefits, and $26,544 in supplies and equipment for a total cost of $169,488. The motion passed unanimously. 0056 PLANNING COMMISSION OR LAND USE ACTIONS. A) Community Development Director's approval of zoning adjustment 04-01: Property located at 2575 Meridian Court. B) Community Development Director's approval of zoning adjustment 04-02: Property located at 838 Hazelnut Drive C) Community Development Director's approval of zoning adjustment 03-04: Property located at 202 Young Street. No action was taken by the Council on these land use actions. Councilor Cox questioned the Director's rationale granting the approvals for 2575 Meridian Court and 838 Hazelnut Drive. Director Mulder stated that both of these adjustments are within the Goose Hollow PUD and it is an issue with the new Development Ordinance in that the height of house determines how much of the lot can be covered by the structure. He stated that the 14 foot height will work for more lower sloped single story home but newer homes are being built with very steep sloped roofs which is higher than the 14 foot provision. The current ordinance penalizes the developer from trying to create a more attractive home even if it is only a single story home. Councilor Cox expressed his opinion that the development ordinance needs to be addressed since variances should not be needed for ordinary houses on ordinary lots. 0322 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his opinion that ODOT should not have re-routed the traffic to the Tulip Fields when they have known for many years that there are traffic problems at the Woodburn I-5 interchange and ODOT continues to ignore the problem that does exist. It irritated him that they elected to re-route the traffic when there was a back-up of traffic trying to utilize the Woodbum exit to travel through our community to the fields. Adminstrator Brown stated that he had a brief conversation with an ODOT Region Manager on the day that the news of the traffic re-routing was taking place and he shared with the manager the impact the Tulip Festival traffic has on our local businesses. He stated that he will be meeting with ODOT along with City traffic and planning departments, Chamber of Commerce, Iverson Farms, and other involved members of the Page 8 - Council Meeting Minutes, April 12, 2004 10 COUNCIL MEETING MINUTES APRIL 12, 2004 TAPE READING public to make sure that the City's option continues to be a viable option for people who want to use the Woodburn exit in the future. Councilor McCallum also stated that the Tulip Festival is a tremendous program for our community. He also thanked the Mayor, Councilors, and department heads for their support of Relay for Life. Once again, the City is a gold level sponsor for the Relay and the sponsorship was paid for by these individuals and not through taxpayer dollars. Councilor Sifuentez welcomed Frank Lonergan to the Council. Mayor Figley also congratulated Frank Lonergan on his appointment. She also stated that she had taken a tour of the City's entire greenway system about 3 weeks ago and she was impressed with the beauty of the greenway. She is excited to be a part of the process to make improvements to the greenway in future years. 0650 ADJOURNMENT. NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:42 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, April 12, 2004 11 MINUTES Woodburn Recreation and Parks Board Tuesday, April 13, ;>004 7:00 pm City Council Chambers 1. Herb Mittmann, Choir, coiled the meeting to order at 7 pm. Roll Call Members present: Herb Mittmann, Chair; Evan Thomas, Member; Phil Lagao, Member; Ann Meyer, Member; Sharon Felix, Member. Members absent: Rosetta Wangerin, Vice-chair. Staff present: Randy Westrick, Director: bonovan Reyna, Teen Scene Coordinator: Steve Newport, Aquatics and Facilities Manager: Paulette Zastoupil, A.A. Approval of Minutes from March 9,2004. Motion to accept the minutes after a typographical error is corrected was made by Herb Mittmonn and seconded by Sharon Felix. 4. Business from the Audience: None 8B Mill Creek Greenway Master Plan Board approved a tentative date for a design serrate on ,Tune 3, 2004 at §:30 p.m. and then an Open House on ,Tune 8 at §:30 p.m. and Work Shop at our regular scheduled Recreation and Park Board meeting at 7:00 p.m. Randy shored with the Board that the Taskforce is applying for a Kodak America Greenways Grant that will be used for signage for the Greenway Trail system. Randy reported to the Board on the success of the Resource Znventory that took place on March 27, 2004. This information will be used in the planning process of the greenway. Herb Mittmann stated concerns about the Tukwila area on easements and use on the 9reenway section that runs through Tukwila. Randy shared that the annual spring cleon up on April ;~4, ;~004 will include the greenway. Division Reports Recreation Report from Donovan Reyna, Teen Scene Coordinator Donovan reported to the board all the activities planned for the summer; teen dances, outdoor dance at the high school tennis court, Operation 5tore Front, 5TAMP, painting a mural inside the High School Teen 5cone, Beach Trip and Baseball game. 12 Aquatic Center Report from Steve Newport, Aquatic Center Manager. Steve Newport reported that Friday, April 16 was hive in Movie night playing Pirates of the Caribbean. The annual Mother's bay Spa is very popular and Yun Wah's will be catering the food. The aquatic staff is looking forward to a busy summer. Reports by Randy Westrick, Recreation and Parks Director Community Center Task Force Randy reported that RbI is compiling site development costs and feasibility studies for the following options: · "All in one, Multi-Cultural Recreational Facility" at Legion Park and near Centennial Park; and · Split option with fitness/recreational facilities at 5ettlemier Park and cultural/community facilities at Legion Park, near Centennial and downtown. The next meeting will be May 3, 2004. At that meeting, staff will present the market analysis and begin to outline funding options. Hermanson Pond Randy reported that Sergai Zelinski, is making bat boxes for a scout project. These bat boxes will help the insect population at Hermanson Pond. Randy also has a retired fish biologist that is willing to be a consultant with the Mill Creek Greenway. Legion Park Master Plan Herb Mittmann shared that he met with Police Chief Russell and toured Legion Park where the new police facility is being planned. Herb stated that the Master Plan could accommodate both the Police and Community facilities. Randy updated the Board on the hiring of the Recreation Manager. The job announcement pulled in 22 applicants in which 9 were interviewed. Out of the 9 interviewed, 3 candidates rose to the top and were asked to come back for a second time. A final decision will be mode by the end of next week. 21st Century Community Learning Center is integrating well with our After School Club. Zt has brought a whole new program of enrichment with storytellers, artists, puppeteers, drama and science classes. The 5ettlemier Master Plan has made it possible to acquire more land surrounding the park. The purchase and deconstruction of a house on Front Street has just been completed. The house was deconstructed into recycled materials as instructed by our City Administrator. 13 Six-Year Capital ]:mprovement Plan Randy shared that Water plant at Centennial Pork will have property to the west, after the farmhouse is deconstructed that can be used for recreation. There will also be an access road on the east side that will hook into the park and eventually make a one-way in and one-way out access road. He also shared that there is water well at the farmhouse that will be converted to an irrigation well for park use. The Board reviewed the s/x-year plan and accepted the plan as written. Be Skate Park Randy shored that the warranty work has been started with removal of some concrete with Epoxy removal later. Evan Thomas reported on the Skate Competition that took place during Spring Break. The competition included roller-blades and skateboards. Evan shared that for the short plonni~ng timeline, he thought it turned out to be a great success. The next one being planned will be in August before school starts. la. Future Board Business · Task Force Workshop · ];ntroduction of new Recreation Manager Board Comment None. Meeting was adjourned at 8:20 pm f~ext meeting is May 11, 2004 8C WOODBURN PLANNING COMMISSION April 8, 2004 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 P Commissioner Vancil P Commissioner Grigorieff P Commissioner Knoles P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdling, Senior Planner Chairperson Lima provided an opening statement for Public Hearing. MINUTES A__.: Woodburn Planning Commission Minutes of February 26, 2004. Staff commented there were a few blanks contained in the minutes because they had technical difficulties during that meeting and therefore, the meeting did not get audio or video tape. He indicated he hoped the Commission would be able to help fill in the blanks. Chairperson Lima provided the missing information. He stated Commissioner Bandelow made the motion to approve Design Review 03-21, Variance 03-27 & Variance 04-04 and Commissioner Vancil seconded the motion. Under Items for Action, Commissioner Bandelow moved to approve the Final Order for Zone Change 03-02 and was seconded by Commissioner Vancil. Commissioner Loner.qan indicated he made the motion to adjourn the meeting but could not recall who seconded the motion. Commissioner Loner.qan moved to accept the minutes of February 26t~ as amended. Commissioner Vancil seconded the motion, which unanimously carried. B_=. Woodburn Plannin9 Commission Minutes of March 11, 2004. Commissioner Loner.qan moved to accept the minutes as presented and Commissioner Gr .qorieff seconded the motion. Motion carried unanimously. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A.~. Woodburn City Council Minutes of February 23, 2004 B.~. Woodburn City Council Minutes of March 8~ 2004 Commissioner Loner.qan appreciated the Council's effort on the Sign Ordinance which resulted in a good ordinance. Staff further commented the Council only made two small changes. He indicated he felt it turned out to be a good ordinance and there will be quite a bit to enforce. Planning Commission Meeting - ~tpril 8, 2004 Page 1 of 13 PUBLIC HEARING A.~. Conditional Use 03-07, Design Review 03-23 and Variance 03-29, request to modify Conditional Use 02-05, Dasign Review 02-16, Variance 03-06 and Variance 03-07, site plan to change the drivewaye~ increase treatment plant size by 198 sq. ft. relocate accessory equipment, increase the size of the detention area, show fence locations and injection vault and add storage. Also requestin9 approval to change the landscape plan which requires a variance to landscape standards, located at 1084 Country Club Road, City of Woodburn, applicant. EX-PARTE CONTACTS Chairperson Lima reported he visited and was familiar with the site. Commissioner Bandelow indicated she did visit the site and lives within the vicinity but that would not affect her decision tonight. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the applicant's proposal as it met all of the applicable standards of the Wocdburn Development Ordinance with exception to the landscaping based on the replacement of the landscape rock on the interior of the site and Staff felt the Variance considerations could be met. Included were a list of conditions of approval that Staff recommended be approved along with the changes to the site and landscaping plan. Commissioner Bandelow referred to Staff's comment regarding a storage yard behind the building in what amounts to a residential area and questioned Staff what kind of storage was she talking about? Staff responded the Public Works Department stores parks maintenance items, vehicles, equipment barrels, etc. She indicated Randy Rohman with the Public Works Department could definitely get in to more specific details about that. Commissioner Loner.qan asked whether the setback has changed since the first plan? Additionally, he inquired if the rock will be seen from the road? Staff replied the setback has not changed and indicated her understanding was that the rock will not be seen from the road because the applicant has a chain link fence with slats on the front of the site and they proposed to put the landscaping on the outer side of the fence. The applicant is proposing trees, shrubs, lawn and it will be just the interior area that will be changed. Commissioner Loner.qan questioned if now is the time to change having two different types offences because we do not want a solid block brick fence there? Staff explained that was the location of the LDS Church site and what happened was that after Staff went through the review and the Planning Commission saw that particular proposal, the architect working on that project met with Randy Rohman in the Public Works Department and they coordinated the development of a block wall along the South property line in a way to close the gap that would have been created by that as well. Commissioner Bandelow remarked she did not see what the surfacing material will be on the landscape plan for the storage area and inquired what will that be? Staff responded the surfacing will be paved with asphalt7. Commissioner Loner.qan questioned how tall will the block wall be? Staff replied it will be 7 feet. Commissioner Vancil asked whether the area that is proposed for a storage area now, in the initial plan was Planning Commission Meeting - April 8, 2004 Page 2 of 13 all grass? Staff replied affirmatively. TESTIMONY BY THE APPLICANT Randy Rohman, City of Woodburn Public Works Department, 190 Garfield St., Woodburn, OR 97071 stated Staff hit most of the salient facts and remarked when this project originally came before the Commission the old site plan had a 50 percent review sticker on them. They probably got a little ahead of themselves on design in order to comply with Federal requirements for removal of arsenic and went through the approval process basically on a 50 percent design. He further indicated some of the changes mentioned by Staff were a result of value engineering. Mr. Rohman reported originally the storage reservoir was subsequently moved in and there is a cutout in the ring wail of the tank to allow a level access to the ladder that will allow maintenance to the access of the ladder and to get to the top of the tank itself. Additionally, the storage area in the back will be paved before it is used and the area will be used for primarily a storage area for pipe, construction materials, various rock and probably some bark dust. He indicated Public Works basically only has one storage yard located on Cleveland St. and stated the intent of all of the treatment plants is to have an area where rock, pipe and other materials can be stored primarily for an efficiency of operation standpoint. Mr. Rohman reported there will be no intent of permanent storage of old equipment or vehicles for long term operation and would be primarily be intended for storage of materials that would be used in the area of the plant. He explained there are some new administrative rules coming for City developed water conservation plans. It was pointed by Mr. Rohman that there will be ground cover Iow water type landscape vegetation and will probably, over the next couple of years, be doing public education and they may modify that area to use as a demonstration area for Iow water use type of vegetation and landscaping. Mr. Rohman stated there were gaps in the trees in the original plan and they basically added a screening area all the way around; added additional trees; as well as Iow shrubbery towards the front. It was further reported by Mr. Rohman that they are not going to screen the landscape rock initially when the vegetation is planted because as the vegetation develops, the interior area will be completely screened. He stated they felt it was an inappropriate use of water for that large interior site to be all covered with grass plus they do not have to maintain it that way either and part of the area is around a surge tank, generator and transformer pads. The detention basin was increased slightly due to a little miscalculation in the requirements of the storage area. Mr. Rohman said the block wall will be a continuous wall although their wall looks a little different than ours but it is essentially the same height. The wall can not be placed on the property line without encroaching on the neighbor to put in the footing because you have to have a 3' 8" footing for that type offence. The LDS Church wall is similar but he is not sure how far back in their fence will go. However, there will be about a 3 ft. hole in between the two fences in the corner because their fence will be 2 ft. inside the property line and their fence will be 1 ½ -2 ft. inside the property line. He further stated they agreed with the architect working on the LDS Church fence that whoever installs the fence last will fill in the hole and then split the cost. Commissioner Vancil asked if the fences are going to be close enough in structure and appearance so it does not look like a mishmash in the back yard? Randy Rohman answered the fences will both be concrete block type fences. However, although they will be relatively similar, they will not look identical. Moreover, the fences will be continuous so there will be no hole between the fences. Mr. Rohman further explained a 3½ ft. footing is needed in order to provide the base for that type of fence. Commissioner Bandelow remarked she is certain the City is not planning on storing all of their equipment in the storage area. However, she had concerns with there not being anything that would stop that from becoming an equipment parking lot once the area is paved. She pointed out all that pavement will become a hot box in the summertime. Commissioner Loner,qan asked if there will be trucks being parked there that will be pulled out eady in the morning that will have an effect on the neighborhood? Randy Rohman responded it is possible to foresee some trucks parked there but they would not be out before Planning Commission Meeting - April 8, 2004 Page 3 of 13 17 8 a.m. However, he could foresee dump trucks parked there if they are doing some maintenance work in that area. He also indicated they are going to have a presence in the area and it made sense from the efficiency of operation to have the ability to store construction materials at the site rather than run through all of downtown with backhoes and dump trucks over and over again to load material. Mr. Rohman also informed the Commission there are currently other sites in the community that are designated for equipment storage. Additionally, he stated they may or may not pave the flat storage area at this point in time but it may be paved in the future. They would not be doing any storage of any material there until the point it is paved. Chairperson Lima thought the amount of traffic in that area will increase significantly than what was previously expected. Randy Rohman indicated the area will only be used when work is being done in that area of the community. He can't see it being a significant increase in traffic at all and if they are working in the area you may expect an additional four to five trips a day for two or three days ina row. Vice Chairperson Youn.q commented he did not see any storm water runoff areas noted on the plan if the area is paved. Randy Rohman clarified the drawing is a landscape map and storm drains are not shown. He stated storm drainage would be included in the paved area which will be installed now as part of the construction project. Chairperson Lima pointed out people are concerned on how visible the fence will be. Randy Rohman reported the fence that abuts Country Club Rd. will be chain link fence with slats and there will be landscaping and shrubbery in front of it. The shrubbery selected will probably end up going in 4-5 ft. range when it is mature and will more than likely obscure most of the fence itself. Commissioner Knoles asked Mr. Rohman whether they knew what they plan on doing with the area if it is not paved? Randy Rohman answered they would probably put rock on top of it if they did not pave it at this time. Nothing will be stored there if it is not paved. He also stated the budget will determine what will be looked at and if they can find the money, which will probably not be determined until some point in the future. Mr. Rohman remarked they want approval to have the storage there, if and when, they need it because they do not want to come before the Commission again. He also indicated the 6,600 sq. f. of rock did not even come close to making up for the front yard setback and they are short about 1,500 plant units (375 small trees). TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS William Christianson, 1263 Bernard Dr., Woodburn, OR 97071 informed the Commission his property abuts the south wall. He stated when he purchased his home two years ago he was told that the water treatment plant was going in and that it would be in a park like setting. However, it sounded to him now that it will be more of a maintenance facility than actually a water treatment plant. Mr. Christianson addressed the fact that the two tanks that are behind the building are about 30 feet high and are rather unattractive. He further commented the four cherry trees will not get high enough to mask the tanks and make it actually look like what he thought it might look like when they purchased their property. In closing, Mr. Christianson adamantly objected to the fact that they are going to pave the back area and thought that was totally wrong because this is in a residential area, not out in the country somewhere. REBUTTAL Randy Rohman addressed Mr, Christianson's comment regarding the trees and clarified the trees al0n~ the back are intended to be 35-40 ft. tall with maturity and they should provide more than adequate screening. He further commented they do not want the trees too much taller than that because you then run into the problem of encroaching on the neighbors with storm damage. Mr. Rohman reported the tanks themselves Planning Commission Meeting - April 8, 2004 Page 4 of 13 18 are about 23 ft. tall and they are setting on a 4 ft. ring wall for a total of 27 ft. The tanks will be painted a color that everyone has assured him will blend in with the horizon in the sky, which is not the color the City of Portland uses for their reservoirs. There will be a fan structure on the top for radon removal but it is relatively Iow. Commissioner Loner.qan questioned if any City personnel will be stationed at this site? ~ answered No. He stated all these plants operate remotely but will probably have somebody at the site once a day just to do a site check. The plants are all computer operated and will be controlled from the control center located on Young St. DISCUSSION Chairperson Lima_ closed the public hearing and opened discussion among the Commissioners. Commissioner Loner.qan remarked he appreciates the City's effort in reviewing the plans again and for trying to make something better and more efficient. He stated the Conditional Use and Design Review made sense to him and he certainly favored them. However, he felt putting rock as ground cover is cheesy and it is not the best means of beautification for the City. Nevertheless, the fact that it is not going to be seen from the road and in looking at the overall project with the amount of plants that will be planted and the rock being unobserved from the road, he would also favor the Variance. Commissioner Lonergan reiterated he hates to see the City try and go this way even for conservation methods and would like to see us put the effort in and make it worthwhile and somewhat attractive to the neighborhood. Commissioner Bandelow commented when this project was first proposed to the Commission, one of the selling features was the fact that it was going to be heavily landscaped to mitigate the effect on the surrounding neighborhood. She expressed concerns with once something is paved it never will be regained and there is nothing that prevents the City from using that for storing things. A storage yard in a residential area that can be seen from the neighboring properties is not a good idea. Commissioner Bandelow further remarked the view from the apartment buildings or residences needs to have equal weight and as long as the storage yard is in the mix, she would be voting No. Commissioner Vancil concurred with Commissioner Bandelow's concerns. The issue regarding a park like concept is something he thought we should be sensitive to. Additionally, he expressed concerns with the pavement in the rear and becoming an even more industrial site. Vice Chairperson You n.q indicated he had a problem with the corner homeowner's yard being halfway between two types of block walls. It seemed it would be more acceptable if we could go to one end to the other so it would be on their property line rather than in the middle. Commissioner Knoles also voiced his concerns with the proposed back storage lot as well as the screening and commented it did not seem it was well planned or well thought out. He stated it would be a better plan to join the walls and be more aesthetic for the people that live on the other side of that wall. Commissioner Knoles said he would not approve the project the way it was currently laid out. Commissioner Gri,qorieff commented there is nothing to stop future use to go ahead and put something in the storage area other than what they are saying. She pointed out it made her a little nervous that this is in a residential area. Commissioner Grigorieff understood where the rock and the other landscaping was coming from but she indicated she was surprised the City did not indicate they would enclose the area so they can work there any time of the year. As it stood, she agreed with her fellow Commissioners in that she would not be willing to vote in favor of the project. She stated what is said now is one thing but times change and it is not known what the future will hold unless it is stated that it will only be utilized for one purpose only. ~ referred to Condition of Approval Item ~ and inquired whether that referred to the storage area in the back and what is the definition of "paved"? Planning Commission Meeting - April 8, 2004 Page 5 of 13 19 Staff replied the Condition of Approval Item #3 pertained to the back storage area. He indicated "paved" as defined by the Code is either asphalt or concrete. He clarified Condition of Approval Item #3 did not apply unless they wished to use it for storage. There is no requirement for it to be paved if it will not be used for storage. However, it would have to be paved before it can be utilized for storage. Chairperson Lima asked Staff if the City would have to come before the Commission if they decided to build an actual storage building further down the road on what is now proposed as a storage area? Staff responded affirmatively. Commissioner Loner.qan moved to deny Conditional Use 03-07, Design Review 03-23 and Variance 03-29. Staff brought to the Commission's attention that they would be denying the changes to the building themselves by denying all of the applications tonight. He explained those are tied to approving the Conditional Use and the Design Review. However, if the Commission's intent is that they not modify the landscaping plan from the previously approved plan, they could then deny the Variance and condition this approval that the previous landscaping plan would apply as well as condition the approval that the storage area is not approved. Staff requested clarification from the Commission as to what their intentions were. Commissioner Bandelow stated the problem is they do not want to turn down the landscape plan as such because the changes that were made to the frontage are things that needed to be done. She indicated it is not a matter of denying the landscape plan so much as it is approving the landscape plan and deleting any storage area from the back and to modify the fence. Commissioner Loner,qan withdrew his motion. There was much discussion regarding the brick wall. Staff reported Planning has the ability to coordinate with the LDS Church to match materials to those the City will be using for their wall since the LDS Church plans have already been submitted. He also noted the LDS Church has a condition that they need to submit a wall plan for review and approval by the Planning Department. Commissioner Vancil mentioned he thought the LDS Church, during their hearing, indicated they would not have a problem in changing the materials to match the City brick wall. Vice Chairperson YounR moved to approve Conditional Use 03-07, Design Review 03-23 and Variance 03-29 with modifications to Condition of Approval Item #3 to delete the "storage area"and replace with ground cover and requested Staff return with facts and findings at the next meeting. Motion was seconded by Commissioner Knoles. Motion unanimously carried. B__:. Planned Unit Development 03-02, Variance 03-34 (Lot Width), Variance 03-35 (Lot Depth) and Variance 03-36 (Lot Coverage). reauest for the modification of Condition of Approval #24 of Planned Unit Development Case File No. 99-01; request for PUD Preliminary Plan Approval anH PUD Design Plan Final Approval for 16 single family dwellim3 lots; request for Varlanc- approval to reduce the required lot width, depth and lot covera;le and to exc_~c_d the 250 foci cul-de-sac length requirement, located at the Eastern terminue of Tukwila Dr., South of UGB line, Renaissance Development, applicant. EX-PARTE CONTACTS Commissioner Vancil reported he had been contacted by a local realtor that voiced the concerns of some homeowners in terms of the amount of traffic added to that street without the loop going in that they were originally led to believe was going to be put in. He indicated he believed this would not affect his decision. Commissioner Knoles stated he lives in the Tukwila community and believed it would not have any effect on his vote. Planning Commission Meeting - April & 2004 Page 6 of 13 20 Staff read the applicable ORS Statement and a presentation, as reflected in the Staff Report, was provided. Staff recommended approval of the applications based on the information in the report, the information provided by the applicant and the applicable review criteria subject to the conditions of approval listed in the Staff Report. Commissioner Bandelow asked if there is any hope of getting the northern section through Boones Ferry Road or are we looking at something that will have to be totally redesigned and would there be a likelihood that Marion County would even look at this? Staff responded he has been working with the applicant in trying to resolve that issue to provide a second means of access. Obviously, there are some hurdles there primarily the fact that where the access would need to connect to Boones Ferry Rd. through the County outside of our Urban Growth Boundary. He mentioned various alternatives are being looked at in trying to work that out however, that may take some time. In the meantime, the applicant desired to continue building homes and this seemed to be the best alternative to accommodate that but yet not lose sight of the necessary secondary means of access. Staff indicated Mr. Robinson could address the issue regarding Marion County. He reported part of the Urban Growth Boundary Expansion proposal is to bring in the rest of the golf course and at that time, then there is the ability to obtain approval through the City to make it happen and not have to go through the County and deal with their application processes. Commissioner Vancil stated he heard that in 1991 the initial approval required that the road be back there but now we build a golf course but yet we can not build a road. Staff explained Phase I and II approval of this development require the secondary access be provided prior to starting Phase II1. The approval back in 1991 was a conceptual approval, not a binding approval, which did not have a great amount of detail. It showed the golf course but it did not show how all the road network was going to work through it. Staff further commented the overall Tukwila PUD has gone forward in a piecemeal fashion because the City did not have any experience with PUD's prior to Tukwila and it has not been until recently that we have gotten much more sophisticated in how we address these. Commissioner Vancil further questioned how are we still meeting the 5,000 sq. ft. if the lots are going to be narrower and shallower? Staff responded Lot #1 is the only lot the applicant is proposing to exceed the average lot depth. She explained the mid point of the front and the rear line are measured and it so happens that point does not quite meet the 90 ft. measurement however, it does get quite wider at the end which enabled the applicant the ability to provide the lot size through that. Additionally, many of the lots are deeper than the average 90 ft. requirement so it may be narrower but they are Iongelr and able to meet the 5,000 sq. ft. lot depth requirement. Staff further indicated the goal, when working with the applicant, was to try to minimize the number of variances even though the lot width, per say, was a continuation of how it was done in the other phases. Commissioner Loner,qan asked if the lots weren't looked at back in 1991 when the golf course was built and the decision was made to build those particular homes in order to determine what sizes they were going to be and that variances were going to be needed in the future to make them fit? Staff replied it was very conceptual. The City had no experience with PUD's back then and they were not very sophisticated. He stated he is not aware of a conceptual lot layout throughout the whole development. He noted we are dealing with an existing situation where there is land in the UGB which ends at the fairways and it is not feasible to run a road across the middle of the fairway, Moreover, he indicated if there is blame it would have been back in 1991 when this was initially reviewed and given conceptual approval. Stafffurther remarked since the area was a natural choke point and would not extend the cul-de-sac too long, it was reasonable to justify allowing the additional 16 lots but a second public access would be required prior to the addition of more lots. Planning Commission Meeting - April 8, 2004 Page 7 of 13 21. Chairperson Lima inquired whether we are compounding the problem or avoiding the problem? Commissioner Bandelow interjected neither one. She explained this would allow the builder to build while he is trying to resolve the problem for the next section and would be able to build another 16 homes rather than come to a complete halt until he finished getting the roadway in. Commissioner LonerRan requested clarification regarding the sprinkler system the Fire Department is requiring and questioned if the sprinklers would be commercial style sprinklers? Staff referred the question to the applicant's engineer who would be able to provide a detailed explanation. TESTIMONY BY THE APPLICANT Randy Sebastian, Renaissance Homes, 1672 Willamette Falls Dr., West Linn, OR 97068 provided past and recent history of the project. He stated in the 1980's, the Tukwila Partners consisted of a couple of local farmers that got together and wanted to start a community in Woodburn similar to the Charbonneau community with a real 18-hole golf course. These business owners gave the Oregon Golf Association the land for free for a clubhouse and a golf course in return for the real estate enhancement so they could develop homes. Mr. Sebastian reported Renaissance was probably the fRh or sixth developer that has taken a crack at Tukwila. The property to the west, Renaissance's Phase I ( 34 lots) was developed in 2001. He noted that first year they sold 13 homes and although that did not set a record in the sales, they were getting people comfortable with the idea to moving to Woodburn. A lot of his clients were pulling out of Tigard, Lake Oswego and West Linn and moving to Woodburn because it is a great value where you can live on the golf course with a high quality home for $250,000-$300,000. Mr. Sebastian remarked they sold 32 homes last year and pointed out this is the type of development most cities want where you have high income people who really are not filling the schools with kids. He said it is Renaissance's intent to develop the future uppermost site which will entail 77 more lots in addition to the 16 lots they are currently asking for. This would also entail an emergency vehicle access point out to Boones Ferry Rd. which they are still working with the City. Additionally, Mr. Sebastian indicated they thought the little neck and the whole upper side was Phase III and therefore, they were going for Phase III until the road access problem came up. He further remarked they do not want to miss this building season as they have things roiling really well with their contractors and there is big demand and wish to keep going on the project as they work on a solution. Mr. Sebastian added they do not want to leave town and indicated this is not attached product. The homes have 10 f. setbacks between the homes; mostly one level; master bedroom on the main and are really baby boomer type homes where people really want Iow maintenance. Furthermore, he noted they are about half the density, even on full build out of the upper phase, out of what could be done. In closing, he addressed sprinkler systems and noted those are pretty common for them and explained they utilize the normal potable water that goes through the house and the plumbing contractors and engineers have enabled, through State code, to allow a home to get sprinkler coverage from the potable water so there is not two separate lines. It was reported by Mr. Sebastian that 30 percent of the homes they build are sprinkled now because a lot of their sites are in the Southwest hills where the roads exceed 12 percent and have lots of dead end roads. The Fire Marshals enjoy the sprinklers because they know the home is fire safe. TESTIMONY BY PROPONENTS Michael Robinson, Attorney at Law, 1120 NW Couch St., Tenth Floor, Portland, OR 97209-4128 stated he represented Renaissance Homes. He addressed Commissioner Vancil's concerns regarding traffic and referred to pages 28-29 of the Staff Report. It was noted that Randy Rohman took a look at the October 2003 Kittleson study, which was actually for all 93 lots, thought it was fine and it would not decrease the level of service where the road intersects with Boones Ferry Rd. Mr. Robinson commented their problem is with the Northern boundary which is also the Urban Growth Boundary. He reported Oregon State law does not let new urban facilities including levels of road for urban uses be established in the exclusive farm use areas outside of the boundary. First of all, the best solution would be if the State approves Woodburn's Urban Growth boundary expansion and then all of that area would come in; you would be able to do planning and there would be an expectation about a local road extending through and connecting to Boones Ferry. However, he had no idea of when that will occur or whether any significant difficulties will arise. Secondly, some sort of emergency road that would arrive into a full road later on. Mr. Robinson further explained facilities outside Planning Commission Meeting - April 8, 2004 Page 8 of 13 9.3 of Urban Growth Boundaries are governed by an administrative rule that the Land Conservation and Development Commission adopted that state roads may be built inside the Urban Growth Boundary if there are existing rights-of-ways and you can build new roads outside of boundaries if you are relieving traffic on a State highway but you can not just put a new local street outside the boundary. He thought they could get permission of the partners to put a road up there however, the rule does not automatically allow a road to be constructed. Nonetheless, they could ask Marion County to amend their Comprehensive Plan to allow an exception to build a road if they wanted to apply tomorrow for an Exception of Statewide Planning Goals #3, #14 and #11. Mr. Robinson remarked they have talked conceptually with the City about doing is to condition themselves to get permission of the property owner to construct a road to City standards for emergency access. At the same time, grant an easement in favor of the City that states when it is in the boundary, or if they are able to get an exception, which they would commit to in trying to get an exception to make it a full public road. Notwithstanding, if the County were not to approve it or if it were approved but appealed, they would temporarily go back to the emergency access road. However, the easement they would give to the City would state they grant them an easement for a full public road 60 ft. and when it is in the boundary or when an exception is granted, this ripens into the full public road. Mr. Robinson also said the self imposed obligation would give the City a bond or other security device for 125 percent of the cost of that public road to actually construct it if it is not constructed in a timely basis. In conclusion, he said they really want to finish this development. He also indicated they really are stuck with the pattern that was established 12 years ago and he wished they do not have to face this issue because it takes a lot of time to resolve. Nonetheless, the first step in resolving it is getting the little extension continued so they could keep the project alive. Hopefully, while this is going on they will work out what they need to' do with the Planning Department staff so they come before the Commission soon with another application with the right kinds of conditions attached to it that the Commission will feel comfortable with. Tim Breedlove, Renaissance Homes, 1672 Willamette Falls Dr., West Linn, OR 97068 pointed out the original approval for Phases I and II of the Links at Tukwila was not obtained by Renaissance Homes. There was a previous developer which submitted that application and obtained that approval with an expectation at that time that they would be the developer of this parcel. Additionally, they had 130 lots proposed where Renaissance proposed 93 lots. He also mentioned although they have three exceptions, one being the lot depth on Lot #1, they have revised all of their lot dimensions to exceed the 5,000 ft. minimum. Lots that had been developed several years prior were littered in a checkerboard fashion up and near around the club house. Mr. Breedlove noted Renaissance believes they have been instrumental in creating the critical mass that has helped Tukwila emerge. He also pointed out denial of development could have a subjective impact on the LID district assessment. Mr. Breedlove closed by stating they believe this modified application for the 16 lots will allow them to maintain the momentum while they will continue to work with the City to resolve the remaining secondary access issue. Chuck GreRory, Civil En.qineer, W & H Pacific, 9755 SW Barnes Rd., Portland, OR 97225 mentioned it has been implied that the City is looking at expansion of the Urban Growth Boundary for additional residential lots. Their development is trying to provide those additional residential lots. He thanked the City Staff for all their support and help in this very long process. Mr. Gregory further stated they have read and accept Staff's conditions. Commissioner Loner.qan questioned whether Track A (open space) is a golf cart path that goes through the middle? Chuck Gregory said it is just a pedestrian path with proposed benches. He noted Renaissance has expanded beyond what was shown on the original proposal. It has been dressed up to include a very nice water feature. TESTIMONY BY OPPONENTS Dan Meeker, 863 Fairwood Crescent, Woodburn, OR 97071 pointed out his residence is within the Links of Tukwila development. He spoke specifically to the Variance 04-00, the cul-de-sac lane and noted the entrance to the entire neighborhood at Tukwila and Hazelnut intersection is the single entrance and exit point for the entire Links at Tukwila neighborhood and therefore, traffic is a major concern of the neighbors in that area. In 2000, there was a condition of approval which stated that Phase III would require the additional public Planning Commission Meeting - April 8, 2004 Page 9 of 13 23 access prior to the development and extension beyond Phase II. Mr. Meeker also mentioned Renaissance held a neighborhood meeting on January 15, 2004 to discuss the entire 93 lot proposed development. The major concern was traffic on Tukwila Dr. He noted there is currently a situation where there are vehicles parked on either side of the road and traffic moving through can be dangerous. Although, Mr. Sebastian did work with the neighbors it was indicated at that time that a lot of the neighbor concerns had to do with the large construction vehicles that have been moving through and still move through at a pace that is faster than the speed limit allows. Mr. Meeker commented in speaking with neighbors in the area, including the households with children, and they still have major concerns with the amount of traffic going through on Tukwila, particularly construction traffic. He asked if the Variance were to be approved, that control of traffic on Tukwila be more effective and perhaps install some sort of traffic calming device or work be done to slow that traffic down on Tukwila Dr. Mr. Meeker closed by stating that we seem to be piece mealing this project and at this point, most neighbors in his area would like to see the line drawn at the end of the 16 lot development and not do any more until the full access road is built to preclude even further traffic on Tukwila Dr. Staff interjected Tukwila Dr. is improved as a 60 ft. right-of-way with 34 f. street improvement which allows parking on both sides of the street. However, Fairwood Crescent has a 50 ft. right-of-way and it only allows parking on one side of the street. APPLICANT REBUTTAL Randy Sebastian commented they did have a neighborhood meeting at the club house a few months ago. He stated traffic is the primary concern because people do not want cars driving by their house. Renaissance takes strict action on their contractors if speeding occurs. Mr. Sebastian indicated they are very open to a traffic management plan in addition to what they are currently doing. He further remarked they do a lot of large developments and traffic within their sites is a problem not only in Woodburn, but in other cities as well. During the neighborhood meeting there were just a few people that were not satisfied with the level of traffic and people were excited about Renaissance Homes continuing to build the neighborhood out and not some other builder because they want to maintain the value. Chairperson Lima inquired whether traffic calming devices is something that is possible and/or legal? Staff responded the City Council is aware of this issue and is being looked at. In fact, the Council has instructed the Public Works Department to research traffic calming in the city a presentation should take place some time soon at a City Council meeting. Mike Robinson reported the point of the two 10 ft. travel lanes and two 7 ft. parking strips is to allow people park on the street. Mr. Robinson mentioned during the neighborhood meeting they tried to explain to the neighbors what they needed to do and what they will try to do to eventually get out to Boones Ferry. He noted he appreciated Mr. Meeker's comments about the construction traffic. At the meeting, neighbors were told to get license numbers, if possible, and call Renaissance and they would see that the contractors and sub- contractors follow the rules and the City's law because they do not want speeders. Secondly, they are willing to see a traffic management plan. DISCUSSION Chairperson Lima closed the public hearing and opened Commission discussion. Commissioner Bandelow commented it was her opinion that the Renaissance development has been very good for Woodburn. Furthermore, she indicated she appreciated their problems with trying to get a second access and she realizes mistakes were made from the beginning when this PUD was first established. She understands why Mr. Sebastian's company does not want to stop the project now while they wait to get the access road because it makes sense to keep going when you have a project going and so close to running out of lots to sell. She stated she would vote in favor of granting the additional 16 lots. Vice Chairperson Youn.q made reference to Mr. Meeker's request that no other development continue beyond the 16 homes until there is another type of access road whether it be an emergency lane or full access road, Planning Commission Meeting - April 8, 2004 Page 10 of 13 24. Staff responded this approval continues the condition of the previous approval stating that any further phases require a second public means of access. He indicated that is the standard that is being set by this approval. However, if the applicant will not be able to provide the second public means of access when they come in for approval of the next phase they would have to come back with another modification of that condition. Vice Chairperson Young also inquired whether this would be Woodburn's longest cul-de-sac Staff replied although none have been recently approved, there are older cul-de-sacs that are longer than the proposed cul-de-sac. Commissioner Vancil commented he would support the approval of the extension. He noted he did not come in with that as his thought when the hearing started tonight but was convinced by the testimony provided that is probably the best interest of the City at this point in time. However, he expressed concerns regarding the potential traffic problems and he would strongly support, in the future, no future development of this land until there is some access and an emergency access only would be a hard sale for him. Commissioner Vancil stated he appreciates Renaissance being in town as much as everybody else but the fact is what the City looks like 25 years from now is the responsibility of the people that are on the Planning Commission. The City can not afford to have smaller and smaller lot sizes and 1,000 ft. long cul-de-sacs that decrease the livability of our City even when we do like the homes that are being built. Commissioner Loner,qan stated he agreed and it made sense to him at this time. Commissioner Loner,qan moved to approve Planned Unit Development 03-02, Variance 03-34, Variance 03- 35, Variance 03-36 and Variance 04-06. Motion was seconded by Commissioner Knoles, which unanimously carried. ITEMS FOR ACTION None DISCUSSION ITEMS Staff announced the new Associate Planner, Jason Richling, has been hired and started work today. He stated he moved to Oregon recently with his wife from southern California as she is attending Oregon State University. REPORTS A..~. Buildin~l Activity for March 2004 B_~. Planning Project Trackinfl Sheet (revised 3-29-04) Staff pointed out the number of Planning applications have increased significantly. BUSINESS FROM THE COMMISSION Commissioner Loner.qan asked Staff if the policy of accepting the golf course as open space is standard with all golf courses in other jurisdictions? Staff responded affirmatively. He explained the City had no experience with the Tukwila PUD and all Staff is stating is that is what has been maintained in previous pods of that development. The original understanding of the Planning Commission when they approved it conceptually was that we were going to allow the golf course, even though the owner of the golf course has nothing to do with the developers of the pods, to be credited toward each development. He also mentioned that has been good faith on the Planning Commission and Staff to continue to accept that as such. However, it could be argued whether we are required to do that or not. Notwithstanding, it is obviously implied because we have been accepting that and we might legally get challenged on that if we were now to say no. Commissioner Loner,qan mentioned this type of development is not bringing in a lot of families with children and it is a good type of development for the City. Nonetheless, no mother in their right mind will allow her children to play on the golf course. He inquired what are the options here? Planning Commission Meeting - April 8, 2004 Pagellof 13 25 Staff pointed out there are other PUD's that have park sites on them. The PUD ordinance does have provisions for providing common open and could be a park. However, under the Parks Master Plan in general, the City Council policy choice was to not require regular subdivisions put in little pocket parks because they would rather have the parks consolidated in a larger size. Commissioner Bandelow asked in looking at developments, in terms of lot size, that were clearly a more child friendly type home, single family residences in a lower price range, if by virtue of the design it was clearly going to attract young families, that we could at that point look at it separately and say they are providing no back yards? Staff explained there is some flexibility in a PUD over what type of open space there is to be. He pointed out the Commission dealt with this issue with the Goose Hollow PUD as far as what kind of open space that was to be and the Commission conditioned that it was to be a natural space. He believed a PUD could be conditioned if they believed it would need to be an active type park instead of a passive park. However, the code does not give the Commission the authority to require a park with a regular subdivision but they would be required to meet regular minimum lot size. Commissioner Vancil mentioned a study was done in the City of Woodburn prior to the last build out of schools which resulted in a large percentage of the homes in town that had preschoolers. Therefore, a lot of Kindergarten through 8t~ grade schools were built and the High School was built out to 1,200. Now the High School has 1,340 students and is two years from where it was supposed to be at 1,200. He further commented we are not only growing faster but the demographic changed. At some point within the next year or less, we are going to be asked to take a look at the Development Ordinance again. He wondered if there is any computerized tracking of what kinds of Variances have we granted over the first 18 months of that, and if there were, some type of analysis of that to be looked at before the Development Ordinance is reviewed again. He made reference to the landscape plan for the City project that was reviewed tonight and noted although it looked good, it was way different than what the ordinance says, which tells him either the approval of the Variance or the ordinance itself is out of balance. He said it would be really helpful to obtain an analysis prior to the formal review. Staff said some of that information is reflected in the current round of updates. He noted there are naturally some bugs in the ordinance because it is a new ordinance. One reason we have so many variances is because the standards have been raised significantly from what they were before. Additionally, it was the policy choice to set the standard for road improvements knowing that it will not be reasonable for many developments to meet it. However, that places the City in a better defensible position because then it is on the applicant to justify why they have to do less instead of the City having to justify why they need to do the entire thing. Commissioner Vancil also remarked we give a lot of variances for lot size particularly in new divisions. Staff stated either the standards could be lowered or if the belief is that we should not be doing variances, then the Commission is saying to leave the standard the way it is. Unfortunately, there will be the situation where more people are going to need relief from that standard, particularly for infill situations because our standards are so high. He said either the standards are lowered or if the Commission is consistently denying variances, then that sends a message to Staff that the Commission does not like exceptions. Commissioner Vancil told Staff we would have a very difficult time saying no to a private developer coming in with a request for a similar variance any time in the next couple of years because we have established a past practice tonight with the City project. In reality, there is only 25 percent of the landscaping on that site that is called for in the Development Ordinance. He qualified by saying, it is not that a bad decision was made tonight but that there is something out of balance. Commissioner Bandelow pointed out the balance changes now by eliminating the storage area which added a lot of land. Planning Commission Meeting - April 8, 2004 Page 12 of 13 26 Staff further added the overall site landscaping is one plant unit per 50 sq. ft. and they well exceeded that. Commissioner Vanci! voiced his concern in that although we have these high standards, a variance is really a rubber wall and all you have to do is negotiate. He indicated he was not sure that is a good thing. Staff understood Commissioner Vancil's concerns and explained the decision is based on it's specific merits and'has to be justified, based on its own unique situation. He pointed out he would completely agree with Commissioner Vancil's comments if it were a variance for new construction that just because someone out of convenience wanted to put a building someplace and it wasn't really a hardship. Staff indicated although there have been a lot of variances, they have been dealing with specific hardships mostly additions or dealing with infill situations. Commissioner Vancil commented it would be really helpful to him to have a macro view of variances when reviewing the ordinance. Commissioner Knoles said the way to go is to keep the standards very high and to look at variances when necessary. However, if the standards are lowered, why have variances because anybody could do anything then. Staff believed the wisest course is to maintain higher standards but provide some relief based on unique situations. Commissioner Loner.qan announced the Planning Commission has participated in the flower basket program for the last four years together with Woodburn's Livability Task Force and the Woodburn, spearheaded and organized by JoAnn Bjelland. Last year over 200 baskets were placed throughout the City and in the past the Planning Commission has purchased one basket, strictly on a voluntary basis. The Commission's basket is placed on Young St. across from one of the City buildings. He asked the Commission whether that could be done again this year? The share would be $30 each for one basket and checks could be made out to Woodburn Together in honor of the Planning Commission and mailed directly to Woodburn Together. There was a consensus by the Commission to purchase a flower basket this year. ADJOURNMENT Commissioner Loner;an moved to adjourn the meeting. Commissioner Knoles seconded the motion. Motion APPROVED ON DATE CLAUDIO LIMA, CHAI ATTEST Jim Muller, Comrr~ni~ty Development Director City o,f Woedburn, Oregon Date Planning Commission Meeting - April 8, 2004 Page 13 of ! 3 27 WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR MARCH 2004 8]) I. CIRCULATION Current: 13,413 Adult: Children: 9,357 4,056 In-House Use: 1,998 II. INTERLIBRARY LOAN III. Previous: 2OO3 2002 2001 Books Loaned:1,334 CC RLS: 1,322 In-State Special: 0 Books Borrowed: 1,180 All Other In-State:12 Out-Of-State:0 CCRLS: 1,166 In-State Special: 0 All Other In-State: 11 Out-Of-State: 3 13,916 12,726 14,224 REFERENCE Woodburn Referrals Other Total 2004 844 50 1,233 2,127 2003 1,097 48 1,222 2,367 2002 1,077 75 1,498 2,650 2001 1,108 71 1,268 2,447 Database Usage: March 893 Feb. 726 Jan. 714 (not all data bases included) IV. COMPUTER USAGE Adults: 2,746 Children: 1,260 Average per open hours: 10.48 Average per open hours: 4.74 LIBRARY SPONSORED PROGRAMS Adults: 2 No. Attending: 34 Children: 31 No. Attending: 565 VI. VOLUNTEER HOURS WORKED 230 VII. FINANCE $1,692.78 VIII. HOLDINGS New Adds For The Month of March: 1,094 77,910 IX. PATRON LOAN TYPES 17,328 Monthly Statistics: March 2004 38 8E oooooooooooooooooooooooooooooooooooooooooooo°°°°°°°° ~ooooooooooooo ooooooooooo ooooooooo oooooooooooooooo 29 3O , .~ ............................................... .... ~g% ° ~ g ooo0o00888888 ooooo ooooo8 8~~~ oooooooooo 88 88o0ooo oooo88~~~ ~ 80000000 ~0~ u ~w~O ~OMU~QW~ ~M~U~WM 0~ ~0~0 31 u 0 U u o ooooooooooooooooooooooooooooooooooooo°°°°°°°°°°°°°°°° oooooooooooooooooooooooooooooooooooooo°°°°°°°°°°°°°°° 0 33 oooooooooooooo o §§ .... § ............... ..~ ................. i~8ooooo°$88888588°°° ~ ~ .... ~o~o~oo~ r_6ODBURN IOA TO: FROM: SUBJECT: April 20, 2004 Mayor and City Council through City Administrator<3~ Randy Rohman, Public Works Program Manager /"~~' ODOT Capital Grant Agreement for Purchase of Paratransit Van RECOMMENDATION: Approve the attached resolution entedng into ODOT Grant Agreement No. 21575 with the State of Oregon for capital purchase assistance for a new paratransit van and authorizing the City Administrator to sign the agreement on behalf of the city. BACKGROUND: The city has, in the past, received capital assistance for transit vehicles from the Federal Transit Adrninistration's Section 5310 Eldedy and Persons with Disabilites Program and Section 5311 Small City and Rural Area Program. These federal funds are administered by the Oregon Department of Transportation. In July 2003, the City applied to ODOT Public Transit Division for a grant to fund replacement of a 1991 Ford paratransit van that is in poor condition. In February 2004 the City was notified that its application had been selected for funding. I~..~,~,~].Q~: The next ODOT round of capital grants will not occur for another two years and this grant will allow the city to replace a 1991 model year van that is in poor condition. This agreement provides a better match ratio than has been standard for some of these agreements. The city match is 10.27% and this agreement provides for up to $44,865.00 in assistance for the purchase of a paratransit van. The city will provide up to $5,135.00 in matching funds for the purchase. City matching funds are available in the transit equipment replacement fund. The vehicle will be ordered after the grant agreement has been executed but the Purchase is Proposed in the fiscal year 2004-2005 due to the relatively long paratransit van lead time for delivery. The agreement is similar in content to past operating assistance agreements and capital grant agreements that the city entered into with ODOT. The city attorney has reviewed and signed the agreement. Staff recommends that the resolution authorizing the City Administrator to sign the agreement on behalf of the City be approved. FINANCIAL IMPACT: City matching funds, in the amount of $5,135.00, are currently held in the Transit Equipment Replacement Fund and no additional funds will be required. This capital purchase is included in the proposed budget for fiscal year 2004- 2005 Agenda Item Review: C~inistrat~Attorney ~ 35 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 21575 WITH THE STATE OF OREGON AN D AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodbum applied for public transportation capital assistance funds under Title 49, United States Code, Chapter 5310, Eldedy and Persons with Disabilities Capital Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Eldedy and Persons with Disabilities Capital Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved capital assistance for the City of Woodburn from Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into Grant Agreement No. 21575, which is affixed as Attachment "A' and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program funds for the purpose of supporting public transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. 36 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 3'7 ATTACHMENT "A" Due to the length of the attachment, it has not been included with the Council packet. The attachment will be available for review at the Public Works office or at the council meeting. 38 W_OoDi U_aN 10B April 21,2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrato~,~'' Mary Tennanf, City Recorder ~,'*'=:k~ Extension of Insurance Agent of Record Agreement RECOMMENDATION: Council adopt accompanying Council Bill authorizing extension of a contractual services agreement with Huggins Insurance Services, Inc. for Insurance Agent of Record services through June 30, 2006. BACKGROUND: Request for Proposals as Agent of Record were solicited by the City in 2001 for a three-year appointment. Upon completion of the selection process, Huggins Insurance Services was selected to remain as the City's Agent of Record and a contractual services agreement was authorized by Council Resolution 1627. The current agreement expires June 30, 2004, however, at the option of the City, the agreement could be extended for up to two years along with a negotiated fee adjustment for services. DISCUSSION: Huggins Insurance Services has been our Agent of Record since 1994 and has continued to receive the Agent of Record designation following the 1994, 1997, and 2001 Request For Proposal selection process. Over the years, Huggins Insurance has continued to provide us with more than satisfactory service in (1) soliciting proposals, keeping abreast of insurance market availability and changes in coverage contracts for public entities in liability, property, and workers' compensation insurance; (2) providing optional premium quotes for higher or lower deductibles and discretionary limits of liability, and report on premium impact for such options; (3} reviewing draft contract language relating to insurance requirements and make recommendations for the transfer of risk when necessary; (4) preparing routine insurance coverage documents; (51 annually reviewing our auto and property asset list along with value updates to maintain level ,,,q Agenda Item Review: City Administr~'~ City Attorney J~'(,,-.~ Finance~/~/~/cfi, 39 Mayor and City Council April 21,2004 Page 2 of coverage that would be necessary in case of a loss; and (6) providing general risk management consulting services to the City. The proposed contract extension allows the City to continue to use the services provided by Huggins Insurance Services, Inc. for up to two years with their annual fee being $9,750 less direct commissions paid to Huggins Insurance Services. FINANCIAL IMPACT.: The City has paid $8,500 annually, less direct commissions, to Huggins Insurance Services during the current 3-year agreement. This agreement would increase fiscal year 2004-05 compensation to $9,750 less direct commissions and there are sufficient funds within the Self-insurance Fund to pay for this administrative expense. 4O COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING EXTENSION OF A CONTRACTUAL SERVICES AGREEMENT WITH HUGGINS INSURANCE SERVICES, INC. AS THE CITY'S INSURANCE AGENT OF RECORD. WHEREAS, the Contractual Services Agreement with Huggins Insurance Services, Inc. provides for an expiration date of June 30, 2004 with an option to extend the agreement for up to two years provided that the City has received satisfactory performance from its Agent; and WHEREAS, the risk management service provided by Huggins Insurance Services, Inc. has been more than satisfactory over the term of the current agreement; and WHEREAS, the City has determined that a two-year extension to the agreement would facilitate the procurement of insurance proposals prior fo July 1, 2004 and provide ongoing insurance consulting services to the City during the tenure of the agreement. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City agree to the Proposal for Extension submitted by Huggins Insurance Services, Inc. to extend the term of the existing Contractual Services Agreement previously entered into by the City until June 30, 2006. Section 2. That all terms and conditions of the Contractual Services Agreement shall continue in full force and effect and the City, as the "Client" agrees to pay an annual fee of $9,750.00 to Huggins Insurance Services, Inc. by August 15th of each year for brokerage services. Section 3. That the Proposal for Extension and the Contractual Services Agreement are affixed hereto as Attachment "A" and are by this reference, incorporated herein. Section 4. That the Mayor is authorized to execute the Proposal for Extension on behalf of the City. City Attorney Dat Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Kathryn Figley, Mayor ATTEST: Page1- Mary Tennant City Recorder City of Woodburn, Oregon COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT City of Woodburn Proposal for Extension Agent of Record Contractual Services Agreement The Agent agrees to continue the performance of services for Client as outlined in the Contractual Services Agreement effective July 1,2001. The Agent requests an extension of this agreement for a period of up to two years, beginning July 1, 2004. The Agent proposes an annual fee of $9,750, to be paid by Client, by August 15th of each year. No other changes to the Contractual Services Agreement are proposed at this time. Agreement by parties, to extension of Contractual Services Agreement: Agent: Huggins Insurance Services, Inc. Account Executive Client: City of Woodburn Date Date 42 10C April 16, 2004 TO: FROM: Mayor and City Council through City Administrata?~l~- Scatt Russell, Chief of Police~2~ SUBJECT: Re-opening of Marion County Work Center RECOMMENDATION: Authorize staff to draft a letter to Marion County Budget Committee in support of re-opening the Marion County Work Center BACKGROUND: In February 2002 Marion County closed the Marion County Work Center due to budget reductions. The Work Center provided 144 jail beds for minimum risk offenders that can be released for gainful employment during the day and then returned to custody at night. This closure caused overcrowding in the Marion County Jail and reduced the availability of jail beds for all Marion County Agencies. Since then the lack of jail space has seriously hampered the ability of law enforcement to keep offenders in custody prior to trial and has reduced the sanction available to the courts once a sentence has been imposed. DISCUSSION: We have been advised that Marion County budget hearings will begin in early May 2004, and that one proposal before the budget committee will be to re- open the Marion County Work Center. Re-opening this center will provide an additional 144 beds for housing offenders, and relieve pressure on the Marion County Jail. Jail space is critical to the criminal justice system in at least twa ways. First, police must have the ability to have those arrested for crimes committed within our community, removed from the community for the safety of the public. Without jail space many of these offenders are merely ticketed or processed and released back into the community, literally before the officer has completed their report on the incident. Secondly, courts need to have jail beds available ta them as a viable sanction for sentencing offenders. Without jail space all convictions, except those for the most serious crimes, only amount to some form of probation., Agenda Item Review: City Administratg~~/ City Attorney Financ~/~ Mayor and City Council April 16, 2004 Page 2 We request City Council direct staff to draft a letter fo the Marion County Board of Commissioners and the Marion County Budget Committee in support of re- opening the Work Center and to present this letter to them, If approved Staff will provide a copy of the letter for Council information. FINANCIAL IMPACT: None TO: FROM: SUBJECT: April 19, 2004 Mayor and City Council through City Administrat~ Scott D. Russell, Chief of Police Liquor License Change of Conditions - Exterior Areas RECOMMENDATION: The Woodburn City Council allow a change of conditions to permit service of wine by the glass in exterior areas at Chateau Benoit Winery Outlet Store. BACKGROUND: Applicant: LE CEP II. Inc. DBA: Chateau Benoit 1001 Arney Rd. # 406 Woodburn, OR 97071 Owners: Robert Pamplin Jr., CEO Floyd Aylor, Corporate President License Type: Winery - Allows for the sale of Wine, Malt Beverages, and cider for consumption at the business and 'to go" in sealed containers at up to twa sites other than the main winery. On April 16, 2004, the Woodburn Police Department received a letter requesting approval for a change of conditions to its OLCC license to allow exterior service of wine by the glass. The letter included steps the licensee would take to control and monitor the service of alcohol and had an attached letter of support from the Woodburn Company Stores as well as a plan of how the exterior area would be used. In November of 2003, the Woodburn City Council approved an application for a 'Winery" liquor license fram applicant LE CEP II. Inc. (Doing Business as) Chateau Benoit, located at 1001 Arney Rd. #406, Woodburn. Agenda Item Review: City Administrat~Cify Afforney Financi~ Mayor and City Council April 19, 2004 Page 2 There have been no reported liquor violations at any of the Chateau Benoit establishment locations in the past 12 months. The business operates 7 days per week. The hours of operation are Monday through Saturday, 10 AM to 8 PM, and Sunday 10 AM to 7 PM. In addition to the sale of sealed containers the business provides wine tasting, and wine by the glass service with food. The police department has received no communication from the public or surrounding businesses in support of or against the change of conditions. Under the applicable state regulations, OLCC will refuse to issue a license in an "exterior area" except where the applicant 'shows good cause that outweighs the refusal basis." Also, one specific reason for the OLCC refusal of an exterior area license is if the local governing body does not approve of the use. The relevant Oregon Administrative Rule (845-005-0331) states: "Licensing Exterior Areas (1)The Commission shall refuse to license an exterior area unless the applicant shows good cause that outweighs the refusal basis. The follawing sections af this rule state the refusal reasans that apply to exterior areas. (2) The applicant or licensee requests licensing of an area controlled by the local governing body, and the local governing body has not approved the use proposed by the applicant or licensee. (3) The exterior area proposed to be licensed is not adjacent to the licensees existing or the applicant's proposed licensed premises. (4)The applicant or licensee fails to demonstrate there will be adequate supervision of the area so as to prevent violations of the liquor laws. Stat. Auth.: ORD 471, including ORS 471.030, ORS 471.040, ORS 471.730(1), & ORS 471.730(5) Stats. Implemented: ORS 471.313 & ORS 471.175(1) Hist.: OLCC 19-2000, f. 12-6-00, cert. Et. 1-1-01" Honorable Mayor and City Council April 19, 2004 Page 2 DISCUSSION: The police department has completed a review of the attached request, amendment to Chateau Benoit's lease with Craig Realty Group, and floor plan. We are satisfied that the proposed measures will effectively meet the standards to "demonstrate there will be adequate supervision of the area so as to prevent violations of the liquor laws" as required by OAR. However, we are always concerned when alcohol is served in open public areas. In this case, the governing body has discretion (subject tot OLCC review) in relation to allowing or denying this request and we will support your decision in this matter. FINANCIAL IMPACT: None. M I LLER I NAS H Lu, ATTORNEYS AT LAW David G. Bristol david.bristol~jnillernash.com (503) 205-2526 direct line April 21, 2004 Miller Nash LLP www.millarnaah.com 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, OR 97204-3699 (503) 224-5858 (503) 224-0155 fax 4400 Two Union Square 601 Union Street Seattle, WA 98101-1367 (206) 622-8484 (206) 622-7485 fax 500 E. Broadway, Suite 400 Post Office Box 694 Vancouver, WA 98666-0694 (360) 699-4771 (360) 694-6413 fax HAND-DELIVERED Mr. Scott Russell Chief of Police Woodburn Police Department 270 Montgomery St Woodburn, Oregon 97071 Subject: Chateau Benoit Winery Dear Mr. Russell: We represent Le Cep II, Inc., d.b.a. Chateau Benoit Winery ("Chateau Benoit"), which operates a retail store in the Woodburn Company Stores located at 1001 Arney Road, Suite 406, Woodburn, Oregon. Chateau Benoit requests permission from the City of Woodbum to serve wine by the glass to consumers for consumption in the exterior area directly adjacent to the existing premises. We appreciate your assistance in presenting this request to the City of Woodbum City Council at the April 26th meeting. In support of Chateau Benoit's request, we have enclosed the following: approval; Correspondence from the undersigned to the City of Woodbum requesting 2. An amendment to the lease between Craig Realty Group - Woodburn, LLC, d.b.a. Woodburn Company Stores, and Chateau Benoit permitting Chateau Benoit to serve wine within and outside of the premises; and 3. The proposed floor plan for Chateau Benoit's retail space. Thank you for your assistance in this matter. Please contact me if you have any questions or need anything further. Very truly yours, David G. Bristol c w/out enc: R.B. Pamplin, Jr. Floyd Aylor Linda Strand 48 Ml LLER I NAS H t,i p ATTORNEYS AT LAW David G. Bristol david.bristol~jnillernash.com (503) 205-2526 direct line April 21, 2004 Miller Hash LLP www. millernaeh.com 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, OR 97204-3699 (503) 224-5858 (503) 224-0155 fax 4400 Two Union Square 601 Union Street Seattle, WA 9~101-1367 (206) 622-8484 (206) 622-7485 fax 500 E. Broadway, Suite 400 Post Office Box ~ Vancouver, WA 986e6..0694 (360) 699-4771 (360) 694-6413 fax HAND-DELIVERED City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 To Whom It May Concern: The Le Cep II, Inc., d.b.a. Chateau Benoit Winery ("Chateau Benoit"), operates an outlet store in the Woodbum Company Stores located at 1001 Amey Road, Suite 406, Woodbum, Oregon. Chateau Benoit requests permission from the City of Woodbum to serve wine by the glass to consumers for consumption in the exterior area directly adjacent to the existing premises as shown on the attached floor plan. To ensure proper control of the sale and consumption of wine, the following steps will be taken: (a) There will be adequate monitoring of the exterior area by the wait staff to prevent violations of the liquor laws; (b) The exterior area will be visible from the interior of the premises through floor to ceiling glass windows; (c) alcohol; Signage will be clearly posted that states that minors will not be served (d) There will be no more than six tables and twelve seats located in the exterior seating area; (e) The access route to the store will not be through the exterior seating area; (f) All servers will have a valid alcohol server's permit; and (g) No wine by the glass will be served without food. 49 bi I L LER I NAS H LL , ATTORNEYS AT LAW City of Woodbum - 2 - April 21, 2004 Enclosed is a copy of a First Amendment to Lease obtained from Woodbum Company Stores permitting Chateau Benoit Winery to change the use of the retail premises to include serving wine within and outside of the premises. If you have any questions that you would like answered before you reach a decision on this issue, please let me know. If the City of Woodbum is willing to consent after such review as you believe appropriate, please sign the enclosed extra copy of this letter in the space provided and return it to David Bristol, c/o Miller Nash LL?, 111 SW Fifth Avenue, Suite 3400, Portland, Oregon 97204. Thank you for your time and consideration of this matter. Very truly yours, David G. Bristol The City of Woodbum hereby grants Chateau Beniot permission to serve alcohol by the glass to consumers for consumption in the exterior area directly adjacent to the Chateau Benoit Store, 1001 Amey Road, Suite 406, Woodburn, Oregon, as set forth above. City of Woodburn By: Title: Dated: ., 2004 50 FIRST ,AMENDMI~NT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made as ofApd120, 2004, by and between CRAIG REALTY GROUP - WOODBURN, LLC, an Oregon limited liability company ("Landlord") and LE CEP II, INC., an Oregon corporation ("Tenant"). A. Landlord is the owner of the fee of that certain real property located in the City of Woodburn, County of Marion, State of Oregon and known as the Woodburn Company Stores Shopping Center (the 'Shopping Center'). B. Landlord and Tenant previously entered into that certain lease dated as of January 18, 2004 (the "Lease'), pursuant to which Landlord leased to Tenant certain premises (the "Demised Premises") known as Space No. 406 in the Shopping Center. C. Landlord and Tenant wish to amend the Lease in the particulars hereinafter set forth. Capitalized terms not defined in this Amendment shall have the meanings ascribed to such terms in the Lease. A.GREEMENT NOW, THEREFORE, Landlord and Tenant agree that the Lease is amended as follows: 1. .~..~~, Provided and t~ the express extent permitted by, and subject to compliance with all conditions and requirements imposed by, the State of Oregon Department of Alcoholic Beverage Control and any and all applicable governmental entities or agencies and other Requirements, and provided that Tenant carries liquor liability insurance naming Landlord, Eureka Realty Partners, inc. and Wells Fargo Bank as additional insureds (without limiting any other requirement set forth in the Lease with respect to insurance to be carried by Tenant), Landlord consents to the sale and serving of wine by the glass for consumption within the Demised Premises, including without limitation, the Outdoor Dining Area and Landlord and Tenant agree that Section 1.01.M. of the Lease, Permitted Uses, Is hereby modified so as to be consistent with the foregoing. 2. Except as amended by this Amendment, the Lease is unmodified and shall continue in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this First 51 IN WITNESS WHEREOF, Landlord and Tenant Amendment to Lease the day and year first above written. LANDLORD: have executed this First CRAIG REALTY GROUP -WOODBURN, LLC an Oregon limited liability company ATTEST OR WITNESS_;, By: Woodburn CRG Partners, a California general partnership, its Managing./~ ,m~ber /~ ~ TENANT: LE CEP II, INC., an Oregon corporation ATTEST OR WITNESS: By: Name: By Title: ATTEST OR WITNESS: By: Name: By: Title: Amendment to Lease the day and year first above written. LANDLORD: CRAIG REALTY GROUP - WOODBURN, LLC an Oregon limited liability company By: Woodbum CRG Partnem, a California general partnership, Its Managing Member ATTEST OR WITNESS: By By: Steven L. Craig Managing General Partner AT'ST OR WJTNES,S: TENANT: LE CEP II, INC., an Oregon corporation Title: President 2 53 IOE TO: FROM: SUBJECT: April 21, 2004 ~ ry aRn;h Cn~ltyn ~;~l~i~ twh roO~ hP Cr~ t;;; m~i;ta~l~1~~ Contract Award for Demolition of House RECOMMENDATION: Award contract for removal of the house located at 1060 Mount Hood Avenue to the Iow bidder, Ali-Ways Excavating, for $ 8,273.00. BACKGROUND: The City requested quotations from qualified contractors for the removal of the existing house on City property located at 1060 Mount Hood Avenue. The results were: Bidder All-Ways Excavating Rods Handy Man Obrist Excavating Bob's Backhoe Amount $ 8,273.00 $ 9,800.00 $13,5O0.00 $23,980.00 The costs quoted do not include the cost of permits that will be obtained by the city. DISCUSSION: The house is in poor condition and is located on property that is being studied as a location for a proposed new police facility. The property will also be used to provide access for a proposed sanitary sewer lift station to be located on City owned property that is just to the west of the property that contains the house. An asbestos evaluation has been completed and small amounts of floor tile that were found to contain asbestos are being removed. The asbestos removal will be completed prior to a notice to proceed being issued for the demolition of the house. FINANCIAL IMPACT: The $8,273 cost of demolition will be split equally from the General ClP Fund and the Wastewater Fund that has benefited from the access provided by the acquisition of the property containing the house proposed for demolition. Agenda Item Review: City Administrat~~ City Attorney Financ~~[ 55 1OF FR©~: SUBJECT: April 21,2004 Mayor and City Council through City Administrator~~ Randy Scott, Senior Engineering Technician, Through the Public ~,. Works Director Conh'act Award for Boones Ferry Road Undergrounding Utilities RECOMMENDATION: Award the construction contract to the lowest responsible bidder, C & M Construction for undergrounding of utilities on Boones Ferry Road and a portion of Settlemier Avenue in the amount of $260,555.50. BACKGROUND: The City has completed Boones Fern/ Improvement Project north of Goose Creek to north city limits. The improvements needed between HWY 214 and Goose Creek have been approved by the council as an assessment project with appropriate city contribution. The intersection improvement will be controlled by the Oregon Department of Transportation. Undergrounding of the utilities is an integral part of Boones Ferry as well as the intersection improvements. Due to limited time constraints of the summer closure for the school, the Boones Ferry Road project has been divided into undergrounding of utilities and the surface improvements. The contract award under consideration is limited to undergounding of utilities. The pavement improvement project contract, between HWY 214 and Goose Creek, will be brought to the city council in the second meeting of May. The undergounding project consists of approximately 24,000 lineal feet of vadous size conduits, vaults and street lighting Staff received five qualified bidders as listed below 2. 3. 4. 5. C & M Construction North Sky Communications Western Undergrounding Henkels & McCoy EC Company Agenda Item Review: City Administrato.~~ $260,555.50 $263,655.80 $289,725.00 $321,217.18 $382,070.00 City Attorney,~ Fina nce~/~ 56 Mayor and City Council April 21,2004 Page 2 Engineers Estimate is $244,116. The Iow bidder is within 6% of the Engineers estimate. DISCUSSION: The City has acquired dghts of way and easements from the Woodburn School District so that undergrounding work could be done prior to major disruptive work of surface improvement. One third of the undergrounding cost will be assessed against the benefited properties as approved by the council. The entire undergrounding pro]eot is budgeted for the fiscal year 2003-2004. The pavement improvement cost of Boones Ferry is budgeted for the fiscal year 2004-2005. It should be noted the undergrounding project cost that is part of the intersection improvement will be segregated and charged to intersection improvement project. City staff is working on acquiring the easements needed on the south side of HWY 214 for this project. The contract is based on the unit pdce and the payment will be made on the work completed by the contractor. The undergrounding work that is not completed with this project will deducted from this project and added to the intersection improvement project in the future. Completion of school area undergrounding is expected to proceed without any major problem. A school representative will kept informed of the construction activities. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City of Woodburn, therefore staff is recommended the contract be awarded. FINANCIAL IMPACT: The project cost of $260,555.50 is included within the 2003-2004 budget for a city contribution on this project. 5'/ V_o_o_D s__u N 14A TO: FROM: SUBJECT: April 26, 2004 Mayor and City Council through City Administratc~ Jim Mulder, Director of Community Development Planning Commission's Approval of Conditiono~" Use 03-07, Review 03-23, and Variance 03-29 RECOMMENDATION: Design 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 April 22, 2004, the Planning Commission adopted a final order approving Conditional Use 03-07, Design Review 03-23, and Variance 03-29 for the modification of Conditional Use Case File No. 02-05 and Design Review Case File No. 02-16 to allow modification fo an approved water treatment facility located at 1084 Country Club Road and Variance approval to the front yard landscaping standard of one plant unit per 20 square feet The subject property is located at 1084 Country Club Road. It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 7BA, Tax lots#: 600 & 700. A water treatment facility is currently under construction on the subject site. The subject property is approximately 3.07 acres in size and is zoned Single Family Residential (RS) and designated Residential Less than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The properties to the north (across Country Club Road), south and east have the same zoning and comprehensive plan map designation as the subject site. Single family dwellings are located to the north (across Country Club Road) and south of the property. A church is located to the east of the subject site. The property to the west is zoned Medium Density Residential (RM) and designated Residential Greater than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. An apartment complex is located on the property to the west. Agenda Item Review: City Administrat~"~/ City Attorney Financd~/)~ 58 Mayor and City Council April 26, 2004 Page 2 There are no wetlands on the subject site and it is located outside of the 500 year floodplain. A previous comprehensive plan map amendment from less than 12 units per acre to greater than 12 units per acre and zone change from 'Single Family Residential (RS)" to "Limited Multifamily Residential District (RL)" on the subject site was approved by the City Council on October 24, 1983. This plan amendment and zone change were to be effective when a retirement community was to be developed according to a concurrent plan. The retirement community was never developed so the subject site retains the original comprehensive plan map designation of less than 12 units per acre and the RS zoning. A subsequent comprehensive plan map amendment from less than 12 units per acre to greater than 12 units per acre, zone change from RS to RL and site plan review for 60 multifamily dwelling units was denied by the Planning Commission on April 12, 2001. On April 24, 2003 the Woodburn Planning Commission approved conditional use and design review requests (Conditional Use Case File No. 02-05 and Design Review Case File No. 02-16) for a proposed 3,800 square foot water treatment plant, filters, 80,000 gallon backwash tank and 300,000 gallon storage reservoir on the subject site. The Planning Commission also approved the applicant's variance request to the street standards on Country Club Road (Variance Case File No. 03-06). The Planning Commission denied the applicant's variance request to allow for a barbed wire fence (Variance Case File No. 03-07). On June 26, 2003, the Planning Commission approved a 7 foot concrete block wall along the east, west and south property lines of the subject site and a chain link fence with slats on the north side of the subject site. The Country Club Road water treatment plant final construction plan has changed based on engineering and evaluation of future Public Works Department's needs. The change in the final construction plan requires modification of the originally approved plan. The applicant requests modification of the previously approved site and planting plan dated November 2002 (Conditional Use Case File No. 02-05 and Design Review Case File No. 02-16) to decrease the originally proposed driveway width from 42 feet to 26 feet to meet the 26 foot minimum commercial and industrial driveway width specified in Section. 3.104.05.E.1 .a of the Woodburn Development Ordinance (WDO); increase the treatment plant size by 198 square feet to allow sufficient space for maintenance activity around the pipe gallery located adjacent to pressure filters; enlarge and relocate the generator pad and surge tank (to be located north of the treatment plant building); add a potassium permanganate injection vault (to be located north of the existing well house); Mayor and City Council April 26, 2004 Page 3 increase the size of the detention area (located to the south of the treatment plant); add approximately 20,400 square feet of paved storage on the rear of the subject site; and show fence locations. The applicant is also proposing to replace the previously approved lawn and a few trees on the interior and front of the site with landscape rock. The applicant is requesting a variance to the front yard landscaping standard caused by the replacement of approximately 6,600 square feet of landscaping on the front of the subject site with the landscape rock. Section 4.102.08 of the WDO states "...Any request to modify a condition of approval is to be considered pursuant to the procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended, EXCEPT the modification of a condition limiting the "use" of property may only be considered as a Type IV Zoning Map Change application..." The applicant has submitted conditional use and design review applications as is required by the above listed section of the WDO in order to modify the previously approved site and planting plan. The applicant is also proposing to replace the previously approved lawn and a few trees on the interior and front of the site with landscape rock. The applicant is requesting a variance to the front yard landscaping standard caused by the replacement of approximately 6,600 square feet of landscaping on the front of the subject site with the landscape rock. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 60 14B April 26, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrat~ Jim Mulder, Director of Community Development //~.~ Planning Commission's Approval of Planned Unit/Development 03-02 and Variances 03-34, 03-35, 03-36 and 04-06 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 April 22, 2004, the Planning Commission adopted a final order approving Planned Unit Development 03-02 and Variances 03-34, 03-35, 03-36 and 04-06 for the modification of Condition of Approval #24 of Planned Unit Development Case File No. 99-01 so that an additional public access will not be required for the proposed 16 single family dwelling lots and common area (Tract "A") in Phase III of the Links at Tukwila; Planned Unit Development (PUD) Preliminary Plan Approval and PUD Design Plan Final Approval for 16 single family dwelling lots and common area (Tract "A"I to be known as the "Links at Tukwila Phase III;" Variance Approvals fo reduce the required lot width, lot depth and lot coverage requirements and to exceed the 250 foot cul de sac length requirement. The subject property (18.69 acres) is located at the eastern terminus of Tukwila Drive, south of the Urban Growth Boundary. It can be identified specifically on Marion County Assessor Map T5S, 1 W, Section 7AA, Tax lot# 7400. The subject property is 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 west, east and south are zoned RS, designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and are the location of single family dwellings and the OGA golf course. The property to the north is located outside of the city limits and urban growth Agenda Item Review: City Administrate" City Attorney /~r/~ Financb-/~ 61 Mayor and City Council April 26, 2004 Page 2 boundary. The property to the north is zoned Marion County "Exclusive Farm Use" and is currently vacant. 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 Tuk:wila, Goose Hollow, and Phases I and II of the Links at Tukwila}. In particular, Phases I and II of the Links at Tukwila were approved by the Woodburn City Council in January of 2000 (Planned Unit Development Case File No. 99-01 and Minor Partition Case File No. 99-05). In August of 2000, the Woodburn Planning Commission approved a modification of Planned Unit Development Case File No. 99-01 to reduce the required side yard setback for two-story dwellings from six feet to five feet (Planned Unit Development Case File No. 00-01). The total number of approved lots in the above listed pods is 377 lots. The applicant is proposing to develop a third phase of the Links of Tukwila (16 residential lots} within the Tukwila PUD. The development of Phase III of the Links at Tukwila will increase the number of approved residential lots within the Tukwila PUD to 393 lots which is below the maximum of 700 residential lots and consistent with the original Tukwila PUD approval. The City Council approved Phases I and II of the Links at Tukwila in January of 2000 with a condition of approval (#24) which stated "...Phase three will require an additional public access prior to its development..." Section 4.102.08 of the WDO states "...Any request to modify a condition of approval is to be considered pursuant to the procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended, EXCEPT the modification of a condition limiting the "use" of property may only be considered as a Type IV Zoning Map Change application..." The applicant has submitted a PUD application as is required by the above listed section of the WDO in order to modify condition of approval #24 from the previous approval of Phases I and II of the Links at Tukwila. The applicant is requesting the modification of this condition of approval (per Section 4.102.08 of the WDO) of Phases I and II of the Links at Tukwila to allow for 16 additional residential lots to be approved as Phase I11 of the Links of Tukwila without an additional public access. The applicant is proposing that Tukwila Drive be extended as a cul de sac to serve a limited number of additional residential lots in lieu of providing an additional public access. The applicant Mayor and City Council April 26, 2004 Page 3 submitted a variance request to the 250 foot maximum cul de sac length to allow for a 940 foot long cul de sac. The applicant originally submitted a PUD request for 93 residential lots (full build out of the subject site). The applicant is, however, in the process of working with the City to resolve the requirement for a secondary public access. The applicant is requesting approval for 16 lots at this time because it may take a significant period of time for the applicant to resolve the City's secondary access requirement. The terminus of the 16th lot appeared to be the logical place to end Phase III of the Links at Tul<wila because of the narrowness of the subject site at this point and the ability for only one access point to serve this limited number of new residential lots. The remainder of the subject site will remain undeveloped. APPLICANT: Tukwila Partners 955 Tukwila Drive Woodburn, OR 97071 PROPERTY OWNER: Renaissance Development 1672 SW Willamette Falls Drive West Linn, OR 97068 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action.