Agenda - 06/14/2004WOODBURN CITY COUNCIL
AGENDA
JUNE 14, 2004 - 7:00 P.M.
1. CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. A Greenway Task Force Open House will be held on June 15,
2004 at 5:30 p.m. in the Council Chambers, followed by a
workshop at 7:00 p.m. with the Recreation and Park Board.
The Woodburn Public Library Summer Reading Program sign
ups begin on June 17, 2004. This year's theme is "Discover New
Trails @ Your Library."
C. Drums of Fire will be held at Woodburn High School on June 23,
2004 at 7:00 p.m.
Relay for Life will be from 6:00 p.m. on June 25th to noon on
June 26th at Woodburn High School. Proceeds benefit the
American Cancer Society.
E. An Urban Renewal Agency meeting will be held on June 28,
2004 at 6:45 p.m. in the Council Chambers.
F. The Community Center Task Force will meet on June 29, 2004
at 7:00 p.m. in the Council Chambers.
G. A police facility open house will be held on July 6, 2004 at 5:30
p.m. in the Council Chambers.
· 'I-Ia[~ra int4rpretes ~isponib[es para a~[[as personas q.e no [~a[~[an I.O[~s~ previo acuer~o. Core.hi,ese
a[ {5o3) 98o-z485."
June 14, 2004 CouncilAgenda Page i
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H. Music in the Park starts July 6, 2004 with The Maharimbas
performing African and Caribbean marimba music at 7:00
p.m.
I. Vacancies exist on the Recreation and Parks and Library
Boards. If you are interested in serving, please call City Hall at
982-5228 for an application.
Appointments:
None.
PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. Relay for Life
Presentations:
None.
COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
COMMUNICATIONS
None.
BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not already scheduled on the agenda.)
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.
ke
Woodburn City Council minutes of May 24, 2004, regular and
executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
Be
Woodburn Planning Commission minutes of May 13, 2004
Recommended Action: Accept the Woodburn Planning
Commission minutes.
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June 14, 2004 Council Agenda Page ii
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Woodburn Planning Commission minutes of May 27, 2004
Recommended Action: Accept the Woodburn Planning
Commission minutes.
Claims for May 2004
Recommended Action: Receive the report.
Woodburn Memorial Aquatic Center Revenue Comparison
Recommended Action: Receive the report.
Letter to Marion County Juvenile Department regarding JAIBG
Grant for Federal Fiscal Year 2003
Recommended Action: Receive the letter.
Building Activity for May 2004
Recommended Action: Receive the report.
Planning Tracking Sheet dated June 3, 2004
Recommended Action: Receive the report.
Notice of Street Closures
Recommended Action: Receive the report.
TABLED BUSINESS
None.
GENERAL BUSINESS
Request for Temporary Increase in Authorized Staffing Level
Recommended Action: Authorize a temporary increase in the
authorized staffing level for police officers by one (1) position
until insurance settlement is finalized.
Be
Purchase of Property and Access Easement for Municipal Well
from Patrick Industries Inc.
Recommended Action: Authorize the City Administrator to
execute on behalf of the City an agreement to purchase
property from Patrick industries inc. for a municipal water
supply well and accept an easement from Patrick Industries
Inc. for access to a municipal water supply well.
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June 14, 2004 Council Agenda Page iii
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Bid Award for Municipal Well 14 Construction
Recommended Action: Award bid for Municipal Well 14
Construction to the Iow responsible bidder, Schneider
Equipment, Inc. for $177,270.00.
Completion of Public Improvements Outlined in Development
Agreemenf
Recommended Action: Authorize the City adm[nistrator to
execute and record the document prepared by the City
Attorney acknowledging the completion of public
improvements under the development agreement related to
the area of the Wal-Mart development.
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Bid Award for Demolition of House
Recommended Action: Withdraw the previous bid award to
De-Constructors Inc. for removal of the house located at 1060
Mount Hood Avenue and award contract for removal of the
house located at 1060 Mount Hood Avenue to the lowest
responsible bidder, Ali-Ways Excavating for $8,273.00.
11. PUBLIC HEARINGS
12.
13.
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Easement Vacation, Goose Hollow Subdivision
Recommended Action: Conduct public hearing, receive
public comment, and instruct staff to prepare an ordinance
vacating the utility easement.
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Public Hearing to Consider the City of Woodburn's 2004-05
Budget
Recommended Action: Conduct public hearing and
authorize staff to draft a budget ordinance based on the
Budget Committee's recommendation, including allowable
budget adiustments that do not change the tax levy
requirement.
PUBLIC COMMENT
NEW BUSINESS
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June 14, 2004
Counc# Agenda
Page iv
14.
15.
16.
17.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Planning Commission's Approval of Conditional Use 04-02
(790 Lawson Avenue)
Planning Commission's Approval of Conditional Use 04-04
(99E and Laurel Avenue)
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
likely to be filed pursuant to ORS 192.660 (1)(h).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1)(f).
To conduct deliberations with persons designated by the
governing body to negotiate real property transactions
pursuant to ORS 192.660(1 )(e).
18. ADJOURNMENT
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June 14,2004
CouncilAgenda
Page v
RELAY
FOR LIFE.
A pROCLAMAT~O~ FOR THE Cn~ OF
THE A~VLERICAN CANCER SOCIETY RELAY FOR LIFE
~,"H~, THE A~uc_~ C_,.,~C'~R Soc.'fY Is TH~ .tqATIOmVID'~ COt~U~uNrr~-BASED
VOLUNTARY HF. ALTH ORGANIZATION DEDICATED TO ELII~IINATING CANCER AS A MA~OR HEALTH
PROBLEI~ BY PREVENTING CANCF. R~ SAVING LIVIiS~ AND DIMINISHING SUFFERING FROb~ CANCER~
THROUGH RESEARCH~ EDUCATION~ ADVOCACY AND SERVICE; AND
WH]~ BY THESE EFFORTS THE OVERAIA,~ AGE-AD.F~STED CANCER biORTAIZI~ RATE IS
DECLINING FOR THE FIRST ~ IN HUMAN HISTORY AND WILL CONTINUE TO DO SO; AND
~~ ~EOPL~ AR~ ALIVE TODAY BECAUSE THE KNOWLEDGE ~ HAVE GAIN-ED HAS
TRANSLATED DIRECTLY IN-tO PREW'EHTION~ EARLY DETECTION AND IMPROVED TR~ATIv~HT; AND
~rH~...~, ~z~Y FoR L~ is THE NATIOR~.~ SIGNATURE Ex~'r OF TH~ A~R~C~N
CANCER SOCIetY AND HAS JUST SURPASSI[D Si BTT.T.TON DOLLAR~ IN FUNDS RAISED SINC]~ THR
FIRST R~LAY FOR LIFE HELD IN 198~,; Al,ID
WH~ THE R~L~Y FOR ~ IS UNIQUE IN THIS COMIvIUN1TY IN THAT FI' BLENDS
FUNDRAISING~ CANCER AWARENESS AND PREVENTION AC'i'iVITIES~ FELLOV~SHIP AND SUPPORT FOR
CANCER SURVIVORS; AND
~-.]~,~, ~l~ WOODBURN AI~RICAN CANCER SOCI]IT~ WILL HOLD ITS THIRD ANNUA~
R~iI.AY FOR LI~E ON ]UNE 25 AND 26 WITH THE GOALS OF RAISING MOKI~ THAN $68,500, HONORING
OVER 75 CANCER SURVIVORS~ AND REMAINING ONE OF THE TOP 10 ~]tL~Y FOR Ln~ FUNDRAISERS
IN' THE ENTIRE NATION; AND
WH~R~tS~ R~I~Y FOR ~ Is ABOUT BEING A COMMUNitY THAT TAKES UP TH~ FIGHT
AGAINST CANCEI~ AND
WH~ THERE IS NO FINISH I.INE UN-I~_L V~ FIND A CUREt
NOW THEREFORE, I, K~THR¥~ FInLeY, THE ~V~AYOR OF WOODBURN, DO HEREBY
PROCLAL~ WOODBURN AN OFFICIAL RJ~d..~Y FOR ~ cr~Y, AND FURTHER BE IT RESOLVED THAT
THE ~ONTH OF JUNE BE DESIGNATED AS ~]~.~Y FOR ~ MONT~ IN WOOD~,URN AS ~ JOIN ~
AiV~R~CA~ C~NC~R Socm-r~ IN -m~ mGX-IT AGAINST CANCER.
IN WITNESS WHEREOF, I FL~W HEREUNTO SET MY HAND
~ CAUSED THE S~OF THE C~ o~ WOODEUKN TO ~E
~ ~H~ ~4~H D^Y)~ ~ ~00~.
Cr~ oF Woc~:~uKN ~
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COUNCIL MEETING MINUTES
MAY 24, 2004
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 24, 2004.
8/11,
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
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Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Absent
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Absent
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Mulder, Police Chief Russell, Park &
Recreation Director Westrick, Recreation Services Supervisor Nugent, Library Director
Sprauer, Assistant City Engineer Torgeson, Recorder Tennant
Mayor Figley stated for the record that Councilor Cox was out of town.
ANNOUNCEMENTS.
A) In observance of Memorial Day, City Hall and the Library will be closed on Monday,
May 31,2004. The Aquatic Center will be open from 12:00 noon until 5:00 p.m..
B) The spring recital for Dance, Dance, Dance will be held on June 5, 2004 at Woodburn
High School with performances at 1:00 pm and 3:30 pm.
C) Greenway Task Force Design Charette / Workshop will be held on June 2, 2004,
6:00 p.m., in the City Hall Council Chambers.
D) Transportation System Plan (TSP) joint City Council / Planning Commission work
session will be held on June 7, 2004, 6:30 p.m, in the City Hall Council Chambers.
E) The Library will be closed on Sundays for the summer from May 30, 2004 through
September 5, 2004.
F) Public Hearings: On June 14, 2004, the Urban Renewal Agency will hold a public
hearing on the proposed Urban Renewal budget for fiscal year 2004-05 at 6:30 p.m. in the
City Hall Council Chambers.
On June 14, 2004, the City Council will bold a public hearing on the proposed City
budget for fiscal year 2004-05 at 7:00 p.m. in the City Hall Council Chambers.
G) Woodburn Youth Ball Association atad the Woodburn Recreation & Parks Department
are sponsoring a volunteer work day on Saturday, June 5, 2004, beginning at 12:30 p.m..
This project will set forms and prepare for concrete plaza construction at Centennial
Park's Ballfield #3.. Interested volunteers are asked to call the Park & Recreation
Department for more information.
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PROCLAMATION: BUDDY POPPY WEEK- MAY 20-31, 2004
Mayor Figley stated that Buddy Poppies are sold by the Veterans of Foreign Wars
organization with proceeds going to the veterans assistance programs. She read her
proclamation declaring May 20 - 31, 2004 as Buddy Poppy Week in the City and
encouraged citizens to support our veterans and their families through the purchase of a
Buddy Poppy. She presented the framed proclamation to local VFW representative Jack
Ryder.
Mr. Ryder expressed his appreciation to the Mayor and Council for giving them the
opportunity to sell the poppy within the City as a fundraiser for VFW programs.
PROCLAMATION: HOME OWNERSHIP MONTH - JUNE 2004
Mayor Figley proclaimed the month of June 2004 as Homeownership Month and June 13,
2004 as Si Se Puede Homeownership Fair within the City. She encouraged local
residents to attend the Fair to obtain information on homeownership financing options
and to educate minority families against predatory lending.
Roberta Ando, representing the Oregon office of the US Department Of Housing and
Urban Development (HUD), stated that June is Homeownership Month on a national
basis, the 70th anniversary of the initiation of the federal housing administration act, and,
on June 13th, it will be the first ever homeownership fair to be held in Woodburn. This
fair is targeted towards hispanics but everyone is welcome to attend and obtain
information on homeownership options. This fair is focused on raising community
awareness to the possibility and importance ofhomeownership for all Americans. She
stated that homeownership brings stability to communities, generates economic growth,
strengthens the entire nation, and brings prosperity to individual households. She
reviewed statistical information on home values, return on investments, percentage rate of
homeownership in Woodburn versus Salem, State of Oregon, and nationwide. Even
though Woodburn has a high homeownership rate, there is a large gap between White
homeownerships and Hispanic homeownerships. The upcoming Fair is a means in which
the organizers are trying to close the percentage gap between the White and Hispanic
homeownerships. Educating potential first-time homebuyers on loan opportunities and
down payment options is one means closing the gap. Planning partners for the June 13th
Fair include Oregon Homebuyer Education Collaborative, Fannie Mae, USDA Rural
Development, Oregon Housing and Community Services, St. Luke's Church, and Wells
Fargo Bank. The Fair will be held on Sunday, June 13th, at St. Luke's Church from 11:00
am until 4:00 pm.
Marcelino Soliz, representing Wells Fargo, reaffirmed his company's commitment to our
community and to the Latino community. Census data shows that Latino households is
one of the fast growing segments of our country and their company actively supports
community programs, educational, and non-profit organizations assisting this segment of
our population. He reviewed the programs that his company has made available to
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members of the Latino community and noted that home mortgage bi-lingual seminars are
presented to help Latinos with understanding homeownership issues.
1389
INTRODUCTION OF RECREATION SERVICES MANAGER.
Mayor Figley introduced Barbara Nugent as the City's new Recreation Services Manager.
Ms. Nugent expressed her appreciation for the warmth of the community that she has
been a part of over the last ten days. She stated that Parks & Recreation is advertising on
their website for instructors and teachers in all types of art related activities.
Additionally, starting this fall, the After School program will provide additional programs
for youth. She also stated she is committed to doing the best job she can to provide
children with the appropriate tools so that as they grow up they can make good decisions
on how they spend their leisure time.
1513
CHAMBER OF COMMERCE REPORT.
Jon Wolfer, representing the Chamber, provided the following information on Chamber
activities:
1) The Chamber Board met on May 12th to review programs and their mission statements
for the year. Their major focus for the year will be to develop governmental affairs,
increase productivity relationships with the Downtown Association, help initiate a
regional tourism initiative, and to work on putting together more successful summer
events.
2) The Youth Leadership program graduated 23 one-year students and there were 6
students who graduated from the year two program. Students involved in the year two
program spent the year identifying, researching, and participating in distributing over
$3,000 of raised funds to local non-profits organizations. The Chamber is now in the
process of selecting students for next year's program.
3) On Wednesday, May 26th ,7:30 am at the Courtyard Cafe, the Chamber will be hosting
a nationally known author and speaker Larry Dennis on the topic of Repeat Business.
4) Executive Director Jerry Wheeler recently won a partial tuition scholarship from the
US Chamber to attend an advanced management workshop in Colorado this summer.
5) Drams of Fire will be held on June 23, 2004 and ticket sales are going quite well with
almost all of the stadium seats sold. It was noted that the on-line ordering of tickets has
boosted ticket pre-sales.
1720
WOODBURN DOWNTOWN ASSOCIATION REPORT.
Mary Lou Comejo, WDA Vice-President, stated that the Mother's Day Event held on
May 9, 2004 was quite successful and they were on top of the noise ordinance since
music was a part of this event. The next downtown event will be held on June 20, 2004
for Father's Day. The WDA is also looking for an alternative site for their events during
the time period in which the downtown parking lot is being renovated for a plaza rather
than parking. She stated that the WDA is a platinum sponsor for Relay for Life and they
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want to continue to work with the organizers to promote this event. Lastly, the WDA is
partnering with the Woodbum Art Center to recruit economically deprived youth who
will then receive scholarships to take classes at the Art Center and the students would
then be able to sell their art at the Saturday Market.
1968
Jorge Gonzalez, 894 Ogle St., stated that Ogle Street is a gravel road and more dust is
coming into their household now that the weather is drier. He questioned if the City will
ever look into paving Ogle Street since traffic on this roadway has increased substantially
following the construction of the residential development built on the south end of Ogle
Street. Additionally, there are more children walking down Ogle Street to get to the
schools located on Parr Road and he is concerned that there may be an accident someday
since Ogle Street has no sidewalks. The roadway is very narrow and buses traveling the
roadway have minimal clearance when they pass each other going different directions.
He suggested that the City look into options available that would address how traffic
flows on that street in order to make it safer and installation of a 25 MPH speed signs to
remind motorist of the allowable speed on the roadway.
Public Works Director Tiwari stated that Ogle is one of several unpaved streets and it
would cost the City approximately $2 million to pave all of the unpaved streets. He
agreed that there is a problem on Ogle Street and staffis trying to address the dust issue.
Ifa decision is made to initiate the improvement, a local improvement district would be
formed to assess properties for a portion of the cost. The Council may elect to subsidize a
portion of the cost as funds become available in the future. He appreciated Mr.
Gonzalez's willingness to bring this issue before the Council and suggested that Mr.
Gonzalez approach the property owners along this street to see if there is an interest in
paving the roadway and property owners paying for their share of the improvement costs
through an assessment district. He stated that the City will install speed signs if there are
no signs currently on the street to remind motorists of the speed limit.
Mayor Figley encouraged Mr. Gonzalez to talk to his neighbors to see if they are willing
to participate in a local improvement district and, if so, they should meet with the Public
Works Director to talk about the improvement in more detail.
Mr. Gonzalez stated that one of the problems with this street is that one side of the street
is adjacent to the railroad and the width of the street improvements may need to be less
than existing standards otherwise some of the homes would have the sidewalk right
outside their front door.
Administrator Brown also stated that the City has recently approved the addition of two
new motorcycle officers who will be assigned to traffic enforcement. He encouraged the
residents along Ogle Street to call the Police Department when speeding does occur and
the department will use those calls as a means &dispatching officers to troublesome
areas for traffic enforcement.
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CONSENT AGENDA.
A) approve Council minutes of May 10, 2004;
B) accept the Planning Commission minutes of April 22, 2004;
C) accept the Recreation and Parks Board ch'aK board minutes of May 1 I, 2004;
D) accept the Mill Creek Greenway Task Force draft minutes of May 11, 2004;
E) receive the April 2004 Library Monthly report;
F) receive the Police Department statistics for March and April 2004;
G) receive the letter addressed to Marion County Commissioners regarding the Marion
County Budget process fi.om Chief Russell on behalf of the Police Department and the
City Council;
H) receive the Claims report for April 2004; and
I) accept the Woodbum Youth Council minutes of April 14, 2004.
MCCALLUM/BJELLAND... consent agenda be adopted as presented with the addition
of the April 14, 2004 Woodbum Youth Council minutes. The motion passed
unanimously.
2621
COUNCIL BILL NO. 2509 - ORDINANCE AMENDING ORDINANCE 1997,
(CIVIL INFRACTION ORDINANCE) TO ESTABLLqI4 A NEW SCHEDULE OF
FORFEITU__RES.
Council Bill 2509 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.
Mayor Figley stated that the City is currently paying more money to the State on some of
these forfeitures than what is being fined by the Judge under the existing ordinance.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2509 duly passed with the emergency clause.
2739
COUNCIL BILL NO. 2510 - RESOLUTION ESTABLISHING A PUBLIC
HEARING DATE FOR THE VACATION OF A PORTION OF AN EXISTING 20
FOOT UTILITY EASEMENT ADJACENT TO HAZELNUT DRIVE WITHIN
GOOSE HOLLOW AT TUKV~ILA PHASE ONE SUBDIVISION.
Councilor Sifuentez introduced Council Bill 2510. The bill was read by title only since
there were no objections from the Council.
Councilor McCallum stated for the record that he lives within the boundaries of Tukwila
Phase One and, in the past, he has declared a conflict of interest and not participated in
the discussion or voting. However, this particular location is some distance from his
residence and there is a small amount of land involved. He has no financial interest in
this subdivision, therefore, he will participate and vote on this issue. He also stated that
this Council Bill only establishes a public hearing date and does not make any approvals.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2510 duly passed.
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COUNCIL MEETING MINUTES
MAY 24, 2004
2866
COUNCIL BILL NO. 2511 - RESOLUTION ENTERING INTO AN EXERCISE
OF LEASE OPTION MODIFICATION OF CERTAIN LEASE TERMS WI'I'll
IRA GORDON, ET. AL, FOR 'IHE LEASE OF PREMISES LOCATED AT 986 N,
PACIFIC HIGHWAY (POLICE DEPARTMENT EAST PRECINCT).
Councilor Sifuentez introduced Council Bill 2511. The bill was read by title only since
there were no objections from the Council.
Administrator Brown stated that the staffreport recommended that the Administrator be
authorized to execute the lease whereas the Council Bill authorizes the Mayor to execute
the lease. He recommended that the Council Bill be amended to authorize him to sign the
lease agreement. He also stated that the lease agreement is for a five-year period,
however, ifa new police facility is built within the next few years, the City can opt out of
the lease provided that six months notice is given to the landlord.
Councilor McCallum questioned the provision allowing the landlord to bring in other
tenants to the unused space as long as the wall separation and security is maintained.
Chief Russell stated that the landlord has the ability to reclaim space provided that solid
walls are constructed and the department's security is not breeched. He stated that it is
possible for the area to be re-configured whereby the landlord could reclaim some usable
space that is physically separated from the department. The City was interested in
obtaining an opt out provision and allowing them to reclaim some of the unused space
was a feasible negotiation tool.
BJELLAND/MCCALLUM... amend Council Bill No. 2511 by changing the language in
the caption and Section 2 to read "..City Administrator to sign said document..". The
motion passed unanimously.
On roll call vote, the bill, as amended, passed unanimously. Mayor Figley declared
Council Bill 2511 duly passed.
3321
COUNCIL BILL NO. 2512 - RESOLUTION ENTERING INTO AN
INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITt I
CHEMEKETA COMMUNITY COI,I,F, GE FOR PARTICIPATION IN
CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS)~
Council Bill 2512 was introduced by Councilor Sifuentez. Recorder Tennant read the bill
by title only since there were no objections from the Council.
Councilor McCallum questioned if the Library would be closed during those hours in
which the Library employees would receive training on the CCRLS new automation
system.
Director Sprauer stated that Library hours would remain as usual and part-time employees
would staffthe Library when training does occur on the new system. It is also hoped that
some of the training can be done at our Library rather than staffreceiving the training at
another location.
Mayor Figley also stated that City Administrator Brown is a CCRLS Council Member as
a City Manager representative on the Advisory Council.
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On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2512 duly passed.
COUNCIL BILL NO. 2513 - RESOLUTION PROVIDING FOR PUBLIC
CONTRACT EXEMPTIONS AND ADOPTING FINDINGS SUPPORTING
SPECIFICATION OF THE 'ROMTEC PRE-ENGINEERED LIFT STATION OR
CITY APPROVED EOUAL" IN BID SOLICITATIONS FOR INDUSTRIAl.
AVENUE AND GREENVIEW DRIVE SEWAGE PUMP STATIONS
REHABILITATION PROJECTS.
Councilor Sifuentez introduced Council Bill 2513. The bill was read by title only since
there were no objections from the Council.
Mayor Figley summarized the memo which recommended that a competitive bid process
not be followed in this case pursuant to ORS 279.017 since there is a product that can be
purchased which is compatible with other City equipment and largely self-contained,
therefore, easy to install.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2513 duly passed.
3924 CONTRACT AWARD: BOONES FERRY ROAD IMPROVEMENT.
Bids were received from the following contractors on the improvement of Boones Ferry
Road north of the Highway 214 intersection to Goose Creek: Salem Road & Driveway,
$375,442; and D & D Paving, $391,849. Staff recommended the acceptance of the low
bid which was within 1.5% of the Engineer's estimate of $370,000.
BJELLANDfMCCALLUM... award the construction contract to the lowest responsible
bidder, Salem Road & Driveway Co., for the street improvement on Boones Ferry Road
from Highway 214 north to Goose Creek in the amount of $375,442.00. The motion
passed unanimously.
4000 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's Approval of Partition of 04-02 (Property
located in northeast corner of City fronting N. Pacific Highway/Highway 99E to the
east and National Way to the southwes0: Allows for City to purchase a 10,000 square
foot parcel of land from Patrick Industries for a future well site location.
B) Community Development Director's Approval of Design Review 04-03 (Exterior
and Facade improvements to North Park Plaza at Mt. Hood Ave. / Highway 99E
intersection)
C) Community Development Director's approval of Partition 04-01 (property
located northwest of the Robin Avenue and Arney Road intersection): Allows for
creation of a .47 acre parcel for future retail development.
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D) Planning Commission's approval of Conditional Use 03-09, Design Review 03-25,
and Variance 03-31 (property located at 2225 National Way): Allows modification to
an approved water treatment facility located at 2225 National Way and variance approval
to the front yard landscaping standard.
E) Planning Commission's approval of Conditional Use 03-08, Design Review 03-24,
and Variance 03-30 (property located at 828 Parr Road): Allows for modification to
an approved water treatment facility located at 828 Parr Road and variance approval to
the front yard landscaping standard.
Mayor Figley questioned if the water facilities are, in general, conditional uses or if there
was more involved in these eases.
Director Mulder stated that some City facilities are permitted uses but the water facilities
were conditional uses in the zones that they were proposed to be placed in.
No action was taken by the Council to bring up any of these actions for review.
CITY ADMINISTRATOR'S REPORT.
1) Administrator Brown stated that the facade work will soon begin on the Association
Building (347 N. Front) and the fencing / scaffolding is being erected so work can begin
as soon as the bricks arrive.
2) As a fundraising project for Relay for Life, team members will be preparing a lunch for
employees and the Council is invited to attend. The luncheon will be held on June 7th at
12:00 noon in the City Hall Council Chambers, and the cost to attend the luncheon is
$5.00 with funds raised being donated to Relay for Life for cancer programs.
3) Administrator Brown stated that he has volunteered to serve on an 8-member Manager
Task Force that will work on developing recommendations on a Civic Education
curriculum that can be introduced into the State's school system.
4) As a member of the CCRLS Advisory Council, his first meeting will be on
Wednesday, May 26th, at which time the Advisory Council will be addressing the issue of
whether or not Keizer should be allowed to participate in CCRLS without meeting all of
the membership requirements currently established by CCRLS. The Advisory Council
will eventually make a recommendation to the Chemeketa Board who will make final
determination on this issue. He reviewed the membership requirements which involves
library collection, library space, staffing levels, hours of operation, staff educational level
of attainment to provide standard service level as recommended by the Oregon Library
Association, and technological support levels. Once membership requirements are met
and a Library is under CCRLS, they are allowed to supplement their library collection by
borrowing through the other member libraries. The City of Keizer is asking the Advisory
Council to allow them to join CCRLS without having met all of the membership
requirements. They would meet the number of hours per week and would be more of a
technological site rather than having the required library collection. To date, the
Advisory Council has been inclined to require the minimum standards and the City of
Salem has been analyzing this issue since they see themselves as having the most impact
Page 8 - Council Meeting Minutes, May 24, 2004
9
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READING
4941
COUNCIL MEETING MINUTES
MAY 24, 2004
ifa decision is made to allow Keizer to become a member of CCRLS. Currently, the
Salem Library is able to charge Keizer residents an out-of-city charge for use of their
facility and ifKeizer is a member of CCRLS, they would no longer be able to collect the
fee. It was noted that all libraries currently collecting an out-of-city charge from Keizer
residents would be similarly impacted. He stated that he will be objective on whatever
presentations are made at the meeting but, at the same time, would be suggesting to
Keizer that they should adhere to the established standards that are being met by all other
CCRLS members.
Mayor Figley stated that the small city of Falls City was able to meet the standards and
feels that Keizer should do likewise.
Administrator Brown stated that Salem and McMinnville have gone on record opposing
the inclusion of Keizer as a CCRLS member unless the requirements are met.
Councilor McCallum expressed his opinion that standards should be met and Keizer
should work to meet those standards rather than CCRLS lessening the standards.
5) Administrator Brown stated that the Boones Crossing development project (located
south of the railroad tracks on S. Boones Ferry Road) was approved by the City a few
years ago and the developers will soon begin the first phase of this project. When the
project was approved, the Planning Commission conditioned a 34-foot wide street
improvement on the part of the developers and, when added to the amount of street
improvement that needs to be added in ordgr to deal with the approved width of the
roadway, it will entail a 50-foot wide improvement. There is an approximately 200 foot
section of the roadway running south from the bottom end of the railroad track approach
and, along this stretch of roadway, there are several large trees which are directly in the
pathway of this improvement. There is some ability to do some tapering work to save
some of trees but most of the trees will need to be removed as part of the improvement.
Staff is very reluctant to change a condition of approval that had been handed down on
this project, and short of a variance request going back through Planning Commission and
Council, the improvement will proceed as currently approved by the Commission and
Council. Staff is bringing this issue before the Council at this time since there have been
concerns expressed in the past on tree removal and a couple of the trees to be removed are
36" or more in diameter.
Public Works Director Tiwaxi stated that the taper will most likely save one tree but the
rest of the trees will need to be removed. The taper is needed since the current City street
is 36-feet wide and the new improvement will provide for a 50-foot wide street.
Councilor McCallum expressed his support for tree preservation and strongly urges staff
to save any trees that can be saved. He also encouraged developers to design their
developments in a way that would preserve as many heritage trees as possible.
552O
MAYOR AND COUNCIL REPORTS.
Councilor Sifuentez stated that an International Luncheon will be held on July 16th at
Tukwila Medical Center with proceeds going to the AWARE Food Bank.
Page 9 - Council Meeting Minutes, May 24, 2004
10
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COUNCIL MEETING MINUTES
MAY 24, 2004
Councilor McCallum thanked the City employees for their support of Relay for Life. He
stated that the Chief of Police and City Attorney will be running a mini-marathon at this
event beginning at 7:30 a.m.
Councilor McCallum also stated that he has heard that the Oregon Liquor Control
Commission (OLCC) has developed some new revenue schemes which would take the
alcohol out of their own OLCC stores and try to put them in commercial stores. In his
opinion, this is another example of potentially making an existing problem relating to
alcohol use even more of a problem. He felt that the City needs to keep up on the status
of this proposal.
Councilor Bjelland stated that the first of the flower baskets were hung today and it is
anticipated that all of the baskets will be hung by May 25~'.
Councilor Bjelland also reported on the outcome of the Area Regional meeting for ODOT
and the allocation of the 2006-09 STIP funding and the OTIA m funding. Region II was
only allocated $15 million in STI~ dollars for 2008-09 and $25 million in OTIA m
dollars which then had to be split up between the 4 areas within Region II. MWACT
ended up with $16.2 million in total which was then distributed to 7 projects. Originally,
the Hwy. 22 / Joseph St. interchange improvement was not one that could be phased,
however, they did come back to MWACT with a proposal to phase the project ($7
million). Other projects to be funded are Woodburn 1-5 interchange ($2.5 million), I-5
improvement south of Salem ($2.6 million), completion of project in north Dallas ($.9
million), completion of Fort Hill / Wallace bridge project ($.7 million), and Dundee /
Newberg bypass project ($1.5 million). He stated that the fun4s allocated for the
Woodburn 1-5 interchange project are mainly dollars to be used for fight-of-way
acquisition rather than moving forward with construction dollars to get the interchange
improved.
Mayor Figley stated that it was unfortunate that some of the more expensive projects
cannot get enough funds allocated to get them done.
Councilor McCallum expressed his appreciation of the work being done by Councilor
Bjelland on not only representing the Region but the City, and on his reports to the
Council following these meetings.
Councilor Bjelland felt that there needs to be more rationale approaches taken to the
allocation of transportation dollars and he will strongly lobby to be on the negotiating
committee at the next go round for funding. Additionally, there is an effort underway to
examine the whole process of how the State allocates its highway funding and he was one
of the individuals interviewed for that process. There is a need to look at alternative
sources of funding even it they are earmarked dollars since it then tends to commit the
State to support those projects. This may mean working more closely with our
representative to pursue federal dollars for the interchange project and to lobby for the
upcoming legislatures to allocate more dollars to the transportation needs of our State.
Page 10 - Council Meeting Minutes, May 24, 2004
1!
COUNCIL MEETING MINUTES
MAY 24, 2004
TAPE
READING
Tape 2
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660(1)(h), ORS 192.660(1)(0, and ORS 192.660 (1)(e).
MCCALLUM/BJELLAND... adjourn to executive session under the statutory authority
cited by Mayor Figley. The motion passed unanimously.
OO36
The Council adjourned to executive session at 8:30 p.m. and reconvened at 9:08 p.m..
Mayor Figley stated that the Council took no action on items discussed during executive
session.
ADJOURNMENT.
MCCALLUM/BJELLAND... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:09 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 11 - Council Meeting Minutes, May 24, 2004
12
Executive Session
COUNCIL MEETING MINUTES
May 24, 2004
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MAY 24, 2004.
CONVENED. The Council met in executive session at 8:35 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Absent
Councilor Lonergan Present
Councilor McCallum Absent
Councilor Nichols Present
Councilor Sifuentez Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
(1) to conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192.660(1)(e);
(2) to consult with counsel concerning the legal fights and duties ora public body with regard to
current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and
(3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0.
ADJOURNMENT.
The executive session adjourned at 9:07 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, May 24, 2004
13
8B
WOODBURN PLANNING COMMISSION
May 13, 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 A
Commissioner Grigorieff p
Commissioner Knoles p
Commissioner Bandelow p
Staff Present: Naomi Zwardling, Senior Planner
Jason Richling, Associate Planner
Chairperson Lima provided an opening statement for Public Hearing.
MINUTES
A. Woodburn Plannin¢~ Commission Minutes of April 22, 200,1
~'ommissioner Bandelow moved to approve the minutes as written. Commissioner Knoles seconded the
motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn City Council Minutes of April 12, 20n_a.
Vice Chairperson Younq thanked Staff for providing the City Council minutes to the Commission.
Chairperson Lima made reference to the comment made regarding traffic calming devices and wondered what
is delaying this project. He remarked he would like the City to speed up the process in order to defer problems
with traffic and accidents that calming devices can curtail.
PUBLIC HEARING
A. Subdivision 04-01, Variance 04-01, Variance 04-07 and Exception 04-01; a request to subdivid
a 4.6 acre parcel into 17 sinl:lle family dwellinfl lots and common ~,nnce open ~_~n=_ce lot;
Variance approval to have the proposed lot #16 to have the front property line oriented towa,~l
the private access easement instead of Cooley Rd.; Variance approval to the minimum I,:,1
depth requirei~ie,~{ of 100 ft. on the proposed lot #9 and Exception to Street Ri¢~ht-of-Way ar,,I
;m~,,uvement Requirements aooroval to allow for the sidewalks on the east side of Cooley R,I
not to be constructed for sublect p.rol~ertv located at the West and North of Tax Lot 4400 and
4500 at the NW quadrant of Hatucastle Avenue at Cooley Rd. Sage SG Inc. applicanl
(Continued from the April 22, 2004 Plann nfl Comm ss on meetintq to the May 13, 2004
Planning Con~,~;ssion meeting. The ar~l~llcant requested a continuance of this item from thu
May 13, 2004 Planninfl Commission meetinR to the May 27~ 2004 Planning Commission
meetinR.)
Commissioner Bandelow moved to continue the public hearing to the Planning Commission meeting of May
27, 2004. Commissioner Knoles seconded the motion, which unanimously carried.
B._:. Conditional Use 04-02, establish a pay day lendinR business located at 790 Lawson St.,
Cottonwood Financial, applicant.
Planning Commission Meeting - May 13, 2004
Page 1 of 3
EX-PARTE CONTACTS
Commissioners were all aware of the site location.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
The applicant met all the requirements to allow for their use on the subject site and met all the applicable
~r~teria in the Woodburn Development Ordinance and therefore approval of the application was recommended
Staff.
Com_.~_missioner Bandelow inquired why is this application a Conditional Use rather than an allowed use in the
zone? -
Staff responded it used to be an allowed use in the Corn mercial General zone under the old Woodburn Zoning
Ordinance (WZO) and as part of the new Woodburn Development Ordinance (WDO), they listed it as a
Conditional Use. She indicated it was listed as a Conditional Use basically because of the proliferation of this
type of business.
TESTIMONY BY THE APPLICANT
Jonna Etheredqe, Cottonwood Financial LTD, 1300 W. Walnut Hill Lane, Suite 255, Irvinq, TX 75038
concurred with Staff's comments.
Vice Chairperson Young pointed out it appeared the restroom is on the Subway site and inquired whether
there is a restroom on her site?
Jonna EtheredRe stated she has not been at the site. However, 'f there ~sn't a restroom they will put one in
because their employees will be there all day and will need one.
Chairperson Lima remarked he did not see any comments regarding signage and asked Ms. Etheredge how
will the business be advertised?
Jonna Etheredqe replied a sign will be placed on the awning out front. Additionally, they would most likely
place their sign in the white space below the current Subway sign. She further explained they will have to use
the space below the Subway signage to advertise because the store will be on the back of the Subway store.
Ms. Etheredge indicated those would be the only two signs on the property.
Chairperson Lima asked Staff if those sign would have to be approved?
Staff responded affirmatively.
Chairperson Lima questioned how many clients would they expect on a daily basis.
Stacey Duncal, Area Manager, Cottonwood Financial, LTD, 1300 W. Walnut Hill Lane, Suite 255, Irvinq, TX
75038 reported it depends on the volume of the store however, their basic store usually has anywhere from
45 to 70 people come through it everyday whether to make inquiries, payments or take out advances. She
also stated they usually have one or two employees and most likely start out with one employee in the store.
There is no plan to open the store on Sundays.
Chairperson Lima asked what type of problems, if any, this type of business has generated as far as police
involvement?
Jonna Ethered,qe answered in the history of their company nationwide they have had very few robberies or
attempted robberies. They do have security cameras and alarms and there have not been very many
incidents in their company.
TESTIMONY BY PROPONENTS
None
Planning Commission Meeting- May 13, 2004
Page 2 of 3
15
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Vice Chairperson Younq remarked it sounded like they could expect, on an average, maybe 10 customers
an hour and they have 27 parking spaces which seems to be adequate for that area.
Commissioner Bandelow commented it fits the criteria and is an allowable Conditional Use.
Vice Chairperson Youn,q moved to accept Conditional Use 04-02 as presented by Staff and instructed Staff
return with facts and findings to support the decision. Motion was seconded by Commissioner Bandelow,
which carried unanimously. -- -- '
ITEMS FOR ACTION
A.~. Conditional Use 03-08, Desiqn Review 03-24 and Variance 03-30; a request to modifV
Conditional Use 02-08 and DesiRn Review 02-19 to modify a water treatment facility Iocate,~
at 828 Parr Road. The I~roDosed modifications require ar~nroval of a variance for th ~
lan.~scape standards of the Woodburn Development Ordinance, C ty of Woodburn, applicant
Commissioner Bandelow moved to approve the Final Order and Commissioner Gr ,qoreff seconded the
motion. Motion carried unanimously.
B. Conditional Use 03-09, Desi;n Review 03-25 and Variance 03-31, request to modify Conditional
Use 02-06 and Desiqn Review 02-17 to modify a water treatment facility located at 222.r,
National Wav. The I)rooosed modifications reQuire a=oroval of a variance for the landscap *
st...;ards of the Woodburn Development Ordinance, City of Woodbum, applicant.
Commissioner Bandelow moved to approve the Final Order as presented. Motion was seconded by
Commissioner Kn01es, which unanimously carried.
DISCUSSION ITEMS
None
REPORTS
A_=. Buildin~ Activity for Anril 2004
Planninq Project Tracking Sheet (revised 5-4-04)
BUSINESS FROM THE COMMISSION
None
ADJOURNMENT
Commissioner Knoles moved to adjourn the meeting and was seconded by Commissioner Gr got eft. Motion
carried. Meeting adjourned at 7:25 p.m.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
DATE
,Jim Mulder,
Community Development Director
City ,of Woodburn, Oregon
Date
Planning Commission Meeting - May 13, 2004
16
Page 3 of 3
8C
WOODBURN PLANNING COMMISSION
May 27, 2004
CONVENED Tho Planning Commission met in a regular session at 7:00 p.m. in City Hail Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancli P
Commissioner GHgorieff P
Commissioner Knoles P
Commissioner Bandelow P
Staff Prssent:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
Chairperson Lima provided an opening statement for Public Hearing.
MINUTES
A...~. Woodburn Plannlno Commission Minutes of May 13, 2004
Commissioner Knoles moved to approve the minutes as written. Commissioner Bandelow seconded the
motion. Motion unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
Woodburn City Council Minutes of April 26, 2004
B.~. Joint City Councll/Plannino Commission Work Session on June 7, 2004 at 6:30 pm In City
Council Chambers to discuss Draft Transoortatlon Systems Plan,
Staff provided the Commission with a copy of a letter addressed to the Planning Commission from Mr. Bert
Gottsacker.
PUBLIC HEARING
A. Subdivision 04-01. Variance 04-01. Variance 0407 and Exceotlon 04-01: a reeuest to subdlvld-'
a 4.6 acre parcel Into 17 slnole family dwelllno lots and common ~_--~ open s~n~_c_= lot;
Variance aooroval to have the orooosed lot #16 to have the front =r _n_~_.,.tv line oriented toward
the crlvate access easement Instead of Cooley Rd.: Variance aooroval to the minimum lot
death rsaulrement of 100 ft. on the ,~ro=osed lot #9 and Exccetlon to Street Rlaht-of-Wav and
Imcrovement Reaulrements aDnroval to allow for the sidewalks on the e-_~! side of Cooley lad
not to be constructed for sublect oronertv locked at the West and North of Tax LOt .,~0._~n and
4500 at the NW ouadrant of Hardcsstle Avenue at Cooley Rd.. $-_~-_ 8G. Inc.. aoDIIcant.
(Continued from the May 13. 2004 Planning Commission mestlno to the May 27, 2004 Plannlnfl
Commlseton msetin,. Staff requested continuance of this Item from the May 27~ 200~.
Plannin, Commission meeting to the June 10, 2004 Plannin¢] Commission meeting.)
Commissioner Vancil inquired whether there is a notification process to the neighborhood when a
postponement of a hearing occurs?
Staff responded not when it is continued to a date certain by the Planning Commission. Renoticing occurs
when a hearing is not continued to a date certain. Staff further remarked it is not the norm to keep requesting
hearingcontinuance. However, the applicant in this case kept making modiflcations and did not provide them
to Staff in time to complete the Staff Report. He pointed out the announcement is made in the public forum
Planning Commission Meeting - May 27, 2004
Page 1 of 7
17
and indicated the onus would be on anyone interested in the case to keep track of the hearing.
Vice Chairnerson Youno made a motion to continue the public hearing to the Planning Commission meeting
of June 10, 2004. Commissioner Knoles seconded the motion, which unanimously carried.
B_~. Deelcn Review 04-01. Conditional Use 04-01 and Variance 04-05; request to construct a 2,400
se. ft. bulldlm3 expansion of Qwest Communications Woodbum Central Office Swltchln,~
Facility located at 2401 N. Boones Ferry Rd.. Chris Nestlerode. ar)r)llcant. (Staff
continuance of this item from the May 27. 2004 Planning Commission mestina to the June 10,
2004 Plannlm3 Commission meetlnfl3
Staff reported some issues came up while writing the Staff Report for this hearing regarding the site plan that
the applicant agreed to address but needed time to modify their plan. Therefore, Staff could not complete the
Staff Report without the modified site plan. He assured the Commission the report would be ready for the next
meeting.
Commissioner Bandelow moved to continue the public hearing until the June 10, 2004 Planning Commission
meeting. Motion was seconded by Commissioner Grioorieff. Motion carried unanimously.
C__=. Conditional Use 04-04. request for a condltl0nal use to reol~en business es an auto collision
reoalr center without any modifications or addlnfl on to the bulldlna at 460 N. Pacific Hwy.,
Curtis & Judy Livlneston. am)llcant.
EX-PARTE CONTACTS
Chairaerson Lima reported he has done business with the Livingston's in the past.
Commissioner Vancil announced he has also done business with them and they also live in his neighborhood
however, he is not invested in the company.
Staff read the applicable ORS Statement; provided a presentation as reflected in the Staff Report and;
recommended approval of the Conditional Use request.
TESTIMONY BY THE APPLICANT
Curtis LivlnQston. 354 McLauohlin Dr., Woodburn, OR 97071 described the last two years as a real trial for
his family after selling their business of 32 years. He reported they rented the body shop on the South side
and did everything out of that building until the entire property came up for sale in 1980 at which time, they
purchased the property. Mr. Livingston further stated they took over the service station in 1987 and used it
for their body shop work and made an office and detail shop out of it. He said they thought they had a good
buyer at the time they decided to retire from the business. However, the business was run to the ground and
Mr. Livingston is now t~jing to get the business back. He also indicated there is an interested party they have
been working with for over a year to try to get in and operate as a body shop again. However, if that does not
occur, Mr. Livingston stated he may open up the business himself, if approval is granted. He mentioned they
received a gold star from Oregon Safety Health Administration (OSHA) after quickly correcting several small
issues they found. It was further reported by Mr. Livingston they have always obeyed the law and they have
a good rapport with the Fire District. Additionally, they have done everything the Environmental Protection
Administration (EPA) have asked of them and they also have the required paint booth filters. He said as long
as the filtem are maintained, pollutants are not being dispersed in the air.
Chairoerson Lima asked Mr. Livingston whether the project referral that was sent to the Oregon Department
of Transportation (ODOT) regarding the driveways have been resolved?
Curtis LivinRston replied he contacted an ODOT staff person who was going to research and check if there
was ever a license obtained to enter from Highway 99E to his property. However, he had not heard back
from him. Mr. Livingston explained the last he heard, it sounded like ODOT will not make them change
anything but there might be a permit fee if ODOT does not find the one previously obtained.
Planning Commission Meeting - May 27, 2004
Page 2 of 7
18
TESTIMONY BY PROPONENTS
Gerald Livinoston, 1255 Cooley Rd.. Woodburn, OR 97071 remarked Curt and Judy Livingston have been
going through a really difficult time. He supported the request and felt it should not be turned down just for
political reasons. Mr. Livingston noted why would there now be objection by the neighbors when they had the
choice not to move to that area.
Trevor Livinaston, 65 Smith Dr.. Woodburn, OR 97071 stated he supported his father and indicated he has
been in business with him for many years and enjoyed working with him.
TESTIMONY BY OPPONENTS
Vladmir Pendov, 359 Olive Ave.. Woodburn. OR 97071 opposed the conditional use application. He reported
he is Mr. Livingston's neighbor and his property borderlines Mr. Livingston's property. Mr. Pendov also stated
a lot of dust from Mr. Livingston's business blows over to his property. He remarked the dust derives fi.om
chemicals used in Mr. Livingston's paint and body shop and he believed the dust to be very toxic. Mr. Pendov
indicated although he did not have enough time to fully research the issue, he found the type of paint utilized
by Mr. Livingston to be very toxic and a lot of protective gear is recommended not only for around the buildings
but for the personnel involved. He also mentioned about five years ago his wife started feeling dizzy as a
result from the paint fumes emitting from Mr. Livingston's ventilation system. It was further reported by Mr.
Pendov that he spoke with various agencies, including the Environmental Protection Agency (EPA) and he
was informed there needs to be an excellent filter in place to do the job of filtering toxins. This type of
business should not be close to a residential area because toxins can cause eye problems, cancer, etc.
Additionally, he made reference to Marion County paperwork that indicated auto body painting work is not
permitted in Commercial Retail (CR) zone and he pointed out the property was purchased by Mr. Livingston
when it was zoned CR. Mr. Pendov questioned how could one operate without Department of Environmental
Quality (DEQ) check and other required precautions? He said he was unable to provide a laboratory with
ground sample of his property because of time constraints, Mr. Pendov closed by saying he does not like the
air and the ground on his property to be poisoned because of this type of business. Moreover, he said he
would be considered the responsible party if any of his renters would acquire an illness down the road
because of the long term exposure of toxins fi.om Mr. Livingston's business. He strongly appealed to the
Planning Commission and Staff to obtain full evidence of the issue in question before approving the request
and that Mr. Livingston be held responsible if it is determined that there is an environmental issue with his
business.
Chairperson Lima asked Mr. Pendov how long has he been living in the area?
Vladmir Pendov replied he does not live in the area as the area is zoned Commercial General (CG). His
property is two acres with a 1,700 sq. ff. building which he partially uses and rents out as well. He further
explained he has owned the property for ten years and he has lived in Woodburn for 27 years. Mr. Pendov
indicated Mr. Livingston's current business location was formally a Mobile service station at the time he moved
to Woodburn.
Chairperson Lima inquired whether Mr. Pendov has made any formal complaints to any government agencies
regarding this issue?
Vladmir Pendov responded he never filed a formal complaint out of ignorance and noted he had no problems
after the business was closed for four years. However, he has now started an extensive research and
discovered Mr. Livingston's septic tank needed regulation and DEQ needed to investigate its condition. Mr.
Pendov further stated he witnessed Mr. Livingston several times cleaning the drain pipe that connects to the
Woedburn water system.
APPLICANT REBUTTAL
Curtis Livin.qston explained there is a grille and a catch basin in the center of property that has to be cleaned
out periodically because it fills up with dirt that goes into the pipe and out into the street. He stated they are
in the process of cleaning up the property because there had been a gas station there and they are currently
going through the DEQ and all the legal requirements. Mr. Livingston explained prep decks in their paint shop
contain the dust so that it does not leave the building.
Chairoerson Lima asked if he received any complaints similar to Mr. Pendov's in all the years he was in
business?
Planning Commission Meeting - May 27, 2004
Page 3 of 7
19
Curtis Livinoston answered they never received a complaint. In fact, the property bought by Mr. Pendov was
once a private school owned by the Seventh Day Adventist Church and they never once received a complaint
from them. Moreover, the school custodian there was a family friend and he would have been the first to tell
him if there were any issues with fumes. He indicated they have never operated the business any different
from when the school owned that property and from when Mr. Pendov bought it.
ChairDerson Lima requested clarification regarding Mr. Pendov's statement about Marion County disallowing
this type of business.
Curtis Livinoston responded he was also unclear about that. He commented there weren't the rules, laws and
regulations that are in place today when he opened the business in 1970. They were grand fathered in
and they lost that when the business closed. Mr. Livingston indicated he was unaware that the City annexed
that property into the City and changed the zoning from Commercial Retail (CR) to Commercial General (CG)
until he was informed through his attorney when the previous owners filed for bankruptcy. It was further
reported by Mr. Livingston when they first came to town in 1970 the business was legal and had a license to
operate. He stated they have been there ever since and were never questioned by anybody. It was his belief
they were an asset to the community.
Commissioner Bandelow inquired whether anyone who sprays paint in their business has to meet DEQ
regulations and whether the business is monitored and perhaps periodically checked on?
Curtis Livinc~ston responded affirmatively.
Commissioner Bandelow also questioned if there are methods in place to make certain businesses like Mr.
Livingston's are not polluting the air and whether there are agencies where Mr. Pendov could make a
complaint in the event that he felt he were polluting?
Curtis Livinaston replied affirmatively and added the Fire Department also visits his shop once a year and the
DEQ have special arresters that the paint is strained through an exhaust. Although he was unaware whether
those filters continued to be maintained after he sold the business, they were when he owned the business.
DISCUSSION
Chairperson Lima closed the public hearing and opened discussion among the Commission,
Commissioner Vancil indicated he was confused because in looking at the map it did not appear the property
bordered on any residential property but rather on other commercial property. He concurred with Mr.
Livingston in that his business was an asset to the community for over 30 years. In fact, Mr. Livingston's
business was one of the better looking businesses on Highway 99E. A lot of deterioration happened over that
30 years but not on the Livingston property. Commissioner Vancil stated he was certain that a septic tank
could not have been added in the last ten years. However, if there is one, it has probably been there longer
than any of us have been on the earth because a new septic tank would not have been allowed once the City
sewer was serving that area. Additionally, the air or soil pollution is regulated by other agencies and for that
reason he stated he would support the applicant in the reestablishment of the business.
Vice Chairperson Youn.q noted the Planning Commission's charge is land use matters. He asked Staff
whether the Commission was stepping a bit beyond the line when speaking of pollution or possible
contaminants beyond the land use application?
Staff responded it is within the Commission's purview under the Conditional Use criteria because the criteria
address that the use be compatible with the neighborhood and various factors are provided which are outlined
in the Staff Report. Those included are noise, illumination and specifically air quality. However, there are
limitations on how it could be addressed and those limitations are established by the code because there are
no standards in the Development Ordinance that specifically address air quality. Notwithstanding, the City
Nuisance Ordinance does address odors and states that "It is a public nuisance if the premises are in such
a state or condition as to cause an offensive odor detectible at the propertyline", Although it addresses an
Planning Commission Meeting - May 27, 2004
Page 4 of 7
30
odor, it does not address toxic gases that are undetectable by odor, Staff further reported the City does not
have anything in place to address that specific issue and it is something that is addressed by the Department
of Environmental Quality (DEQ). Someone that would have any complaint regarding that issue could make
that complaint to that entity who would have the jurisdiction to come in and deal with it. He said the
Commission could deny the application if the Commission did not believe the air quality issues could
adequately be addressed, However, Staff is comfortable that the applicant has addressed the air quality
issues as far as what the City has jurisdiction over and they could also be addressed from DEQ aspects and
that is why Staff recommended approval of the application.
Vice Chairoerson Youna noted he is familiar with some of the Fire Marshall and DEQ regulations required to
have an enclosed paint booth and stated those are pretty strict and stringent, Additionally, those types of
business operations are checked on by those agencies and he thought there would be things in place that
would control any noxious odors that would be detectible at the property line.
Commissioner Knoles said he is somewhat familiar with some of the filtration systems required for paint
booths. He indicated there shouldn't be any noxious odors if the systems are kept up. Additionally, there
should not be anything leaving the facility if there are indeed filtration systems for dust. Commissioner Knoles
closed by stating he supported the Conditional Use.
Commissioner Bandelow agreed there are agencies in place to regulate this business. She noted it is an
allowable conditional use and it was a successful business before this and hoped it would be again.
Commissioner Bandelow felt there are mechanisms in place, and if there are problems, they could be
addressed with DEQ or with the other agencies and it is really not for the Commission to get involved with
complaints between neighbors. She stated she would support the application.
Chaircerson Lima commented being in the medical field he was not aware of proof that any such business
can cause the type of concerns that Mr. Pendov brought up. He stated there are avenues Mr. Pendov could
take if he had a major complaint.
Commissioner Vancil moved to approve Conditional Use 04-04 as recommended by Staff and instructed Staff
return with a final order. Commissioner Knoles seconded the motion, which unanimously carried.
ITEMS FOR ACTION
A. Final Order for Conditional Use 04-82. establish a nay day lendlna business located at 79~
Lawson St., Cottonwood Financial. a~)ollcant.
Vice Chaircerson Youno moved to recommend approval of the Final Order as presented and Commissioner
Knoles seconded the motion. Motion carried unanimously.
DISCUSSION ITEMS
Commissioner Vancil inquired when will Mr. Gottsacker's letter be dealt with? He further commented he felt
the letter at least deserved discussion and acknowledgment.
Staff clarified he forwards correspondence on to the Commission and it is up to the Commission to decide
what they wish to do with it.
Commissioner Bandelow mentioned there is a point in the letter that addresses the number of conditional uses
and she felt a discussion as to how that occurred and why it might prove helpful and educational to everyone.
She commented during the last meeting she questioned why the short term loan facility was a conditional use
and thought a discussion to clarify that would be beneficial.
Commissioner Knoles stated he would like to see that issue on the Planning Commission agenda as a
discussion item and requested perhaps having some background information regarding the conditional use.
Staff remarked he believed Mr. Gottsacker was referring to back when County zoning was Commercial Retail
(CR) and did not allow automobile service, i.e., repair, gas stations and tire shops. Mr. Gottsacker's property,
Planning Commission Meeting - May 27, 2004
Page 5 of 7
21
as well as Mr. Livingston's property were part of the island annexation that the City Council completed several
years ago. Staff further reported when the property was brought into the City the Commercial General (CG)
zone was applied because the Commercial Retail (CR) zone was done away with when the WDO was
adopted. That actually provided a broader range of uses than those properties actually had under the
previous County zoning. Additionally, he explained automotive related uses are conditional uses because
the policy decision was made to do away with the CR zone and just have the CG zone. However, we would
make the more intensive and heavier type commercial quasi-industrial uses to conditional uses in order to
address compatibility issues. Staff pointed out it may have been more of an issue if it would have been next
to a residential area and the Commission could have denied it based on failure to meet approval criteria. It
was further reported by Staff the conditional use gives you that ability to deny an application where you do
not have that ability if it is a permitted use because it is not discretionary and it is only a matter of whether they
meet the development standards. He remarked the payday loan facility is in a totally different category and
he provided a brief explanation as to the reason why money wiring type businesses were made conditional
uses instead of a permitted use in the CG zone. It was reported by Staff the issue was addressed about 6-7
years ago when the Council removed money wiring type businesses as an allowable use in the Downtown
District because the feeling at the time was that there was a proliferation of that type of business however,
they were allowed in the highway commercial zones. Staff further explained the policy decision made with
the focus group in going through the WDO process was to make those a conditional use because if the
Commission or Council thought there was once again a proliferation of these uses, there would be discretion
to deny the use. He also pointed out denial could not be based on the use itself if it is a permitted use.
Commissioner Bandelow asked Staff if someone wanted to open up a business listed as a conditional use,
i.e., veterinary clinic, would their only option be to come in as a conditional use if there is no other area within
the city that they could locate without coming in as a conditional usa?
Staff answered that was con'ect in a commercial zone however, some of those uses might be allowed in an
industrial zone as a permitted use.
Commissioner Vancil commented what is confusing to him in reviewing the uses is that it is describing
Highway 99E as it exists. He pointed out there are about half a dozen motor vehicle dealerships, two tractor
and heavy equipment dealers, gas stations, used merchandise stores, pawn shops, check cashing and
veterinary clinic currently on Highway 99E.
Staff responded there is a reason those were made conditional uses because it provides the ability to address
the use itself. He said at least half of Highway 99E was zoned Commercial Retail (CR) which most of those
were previously conditional uses under the CR zone. The policy decision was made to apply conditional uses
to some uses that the City wanted to have the ability to determine compatibility in a specific location or to
determine if there were a high concentration of certain.
Commissioner Vancil indicated he is personally biased against over bureaucratization in regulation. He felt
it is a waste of time and money because for every regulation that we have, we have to pay somebody to
review it and write reports about it.
Staff stated he assumed the blame or credit for combining the two zones because it was something that he
believed was necessary. Furthermore, he remarked he does not believe in just creating things just for the
sake of creating them. He commented it did not make sense to him to have two different zones and pointed
out you would not be able to tell what zone you were in by looking as you drive down the highway. Moreover,
there is no material difference between the development that was in Commercial Retail (CR) or the
development that was Commercial General (CG). Moreover, it made sense to him to combine the two with
the compromise of making certain more intensive or heavier uses were conditional uses but yet raising the
development standards in providing screening and buffer standards to deal with compatibility issues and then
raised the architectural standards to deal with how things looked. Most uses you can mitigate the adverse
impacts with design and buffering standards and ultimately you could control the location of where uses go
by making the most potentially adverse uses a conditional use.
Planning Commission Meeting - May 27, 2004
Page 6 of 7
22
Chairoerson Lima mentioned Mr. Gottsacker requested in his letter that the Planning Commission and City
Council take fast action. He asked Staff if this is within the realms of the Planning Commission?
Staff. responded the Planning Commission could certainly make recommendations to the City Council to
amend the code. He qualified that by saying he did not recommend that be done especially since the
Commission, Council and Focus Group reviewed the code two years ago and recommended what is currently
in place. Staff further commented he did not agree with Mr. Gottsacker's recommendations.
Commissioner Vancil commented that after hearing Staff's explanation, the zone change made sense to him
because it is about aesthetics and cleaning up an area so that as it is redeveloped over the coming years, it
has a different look than what we are currently looking at and we could regulate as it goes.
Staff indicated he spoke with Mr. Gottsacker for quite a lengthy period of time hoping he would understand
Staff's position but obviously Mr. Gottsacker did not agree.
Commissioner Knoles pointed out the loss of gas stations has not been related to the change from CR to CG
but more with EPA and regulations.
REPORTS
None
BUSINESS FROM THE COMMISSION
Chairoerson Lima announced he will not be present at the next meeting.
_~_9..~missioner Bandelow inquired if anyone has made any headway with ODOT as far as a right turn lane off
of Highway 214 northbound onto Boones Ferry Rd? She also reported a lot of people have called and written
and they were told they could not put in a right turn lane because of the bike lane. Commissioner Bandelow
stated she rarely sees bicyclists using the bike lane there and felt there was more than enough width to
accommodate a right turn lane.
Staff replied he had not heard anything about that issue.
Commissioner Knoles noted that intersection was really messed up after the paving and realignment of
Highway 214.
Commissioner Vancil pointed out the large Oak tree in the school parking lot will be gone once the
transportation improvement on Boones Fern/is completed,
ADJOURNMENT
Com.~_.missioner Knoles moved to adjourn the meeting and was seconded by Commissioner Grioorieff. Motion
carried. Meeting adjourned at 8:15 p.m.
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - May 27, 2004
Page 7 of 7
23
PAGE 1
WOODBURN LIVE C I T Y O F W 00 D B U R N AP0460
DATE 6/09/04 CHECK REGISTER VEEOT
TIME 14:09:12
TATU$ UPDATED C~ECK A34OI3NT RECONCILED AMT DIFFERENCE
C~ECK # CMECK DATE PAYEE NAME S ........
BANK ACCOUNT AP A/P Accounts Payable
74024 5/31/2004 GRACE J KLANDERUD RECONCILED YES 325.23 325.23
74025 5/31/2004 DONOVAR REYNA RECONCILED YES 181.69 181.69 .00
74026 5/31/2004 JEFFERSON PILOT FINANCIAL RECONCILED YES 2,236.39 2.236.39 .00
74027 5/31/2004 ~VERGREEN AVIATION MUSEIJM RECONCILED YES 51.00 51.00 .00
74028 5/31/2004 OREGON P.E.R~S RECONCILED YES 179.96 179'96 '00
74029 5/31/2004 VALLEY MAILING SERVICE IN RECONCILED YES 819.90 819.90 .00
74030 5/31/2004 EBS RECONCILED YES 80,422.31 80,422.31 .00
74031 5/31/~004 KEN MAJOR RECONCILED YES 118'64 118'64 '00
74032 5/31/2004 EBS RECONCILED YES 295.34 295.34 .00
74033 5/07/2004 ANNE ROSALES RECONCILED YES 130.00 130.00 .00
74034 5/07/2004 ARCH WIRELESS RECONCILED YES 90.31 90.31 .00 ·
74035 5/07/2004 AT & T RECONCILED YES 36.87 36.87 .00
74036 5/07/2004 CANBY TELEPHONE ASSOC RECONCILED YES 39.90 39.90 .00
74037 9/07/2004 CDW GOVERNMF~T INC RECONCILED YES 547.24 547'24 '00
74038 9/07/2004 CHEMEKETA CO~L~ITY COLL RECONCILED YES 20.00 20.00 .00
74039 5/07/2004 C~EMEKETA CO.UNITY COLL RECONCILED YES 20.00 20.00 .00
74040 5/07/2004 CITY OF WOODBURN RECONCILED YES 37,141.21 37.141.21 .00
74041 5/07/2004 COOKE STATIONERY COMPANY RECONCILED YES 206.47 206.47 .00
74042 5/07/2004 CORPORATE F2(PRESS RECONCILED YES 1,075.19 1,075.19 .00
74043 5/07/2004 CR~E & MERSETH INC RECONCILED YES 506.00 506.00 .00
74044 5/07/2004 DEFFENBAUGH & ASSOC PC CO RECONCILED YES 7~499.35 7,499.35 .00
74045 5/07/2004 DEPT OF ENVIRONMENTAL QUA RECONCILED YES 525.00 525.00 .00
74046 5/07/2004 DIGITAL ARCHIVE SERVICES RECONCILED YES 373.26 373.26 .00
74047 5/07/2004 F~AGLE WEB PRESS RECONCILED YES 1,186.00 1,186.00 .00
74048 5/07/2004 EDUCATORS PROGRESS SERUIC RECONCILED YES 89.80 89.80 .00
74049 5/07/2004 ERNIE GR~ OIL, INC RECONCILED YES 21-71 21'73 '00
74050 5/07/2004 GE~EP.~ ELECTRIC CAPITAL RECONCILED YES 165.41 165.41 .00
74051 5/07/2004 GRAY SUPPLY CO RECONCILED YES 21.94 21.94 .00
74052 5/07/2004 GRESSCO LTD RECONCILED YES 514.23 514.21 .00
74053 5/07/2004 IDEALS RECONCILED YES 29.32 29.32 .00
74054 5/07/2004 INGPJ%M DIST. GROUP RECONCILED YES 1~096.84 1,096.84 .00
74055 5/07/2004 JACK RAWLINGS RECONCILED YES 280.81 280.81 .00
74056 5/07/2004 N~RION COI/NTY CLERK RECONCILED YES 444.00 444.00 .00
74057 5/07/2004 N~S~ALL CAVENDISH CORP. RECONCILED YES 140.15 140'13
74058 5/07/2004 METROFUELING, INC. RECONCILED YES 1,226.88 1,226.88 .00
74059 5/07/2004 MICRO MARKETING LLC RECONCILED YES 22.50 22.50 .00
74060 5/07/2004 MOLALLA CON~gJNICATION$ RECONCILED YES 56.35 56.35 .00
74061 5/07/2004 NORTHWEST NATL~AL GAS RECONCILED YES 4,729.05 4,729.05
74063 5/07/2004 PIONEER GLASS RECONCILED YES 86.80 86.80 .00
74064 5/07/2004 PORTLAND GENERAL ELECTRIC RECONCILED YES 15,533.44 15,533.44 .00
74065 5/07/2004 POSITIVE PROMOTIONS RECONCILED YES 105.39 105.39 .00
74066 5/07/2004 PROFESSIONAL TF~IS REGIS RECONCILED YES 280.00 280.00 .00
74067 5/07/2004 PUBLIC WORKS SUPPLY INC RECONCILED YES 110.00 110.00 .00
74068 5/07/2004 QWEST RECONCILED YES 1,108.12 1,108.12 .00
74069 5/07/2004 P~IX CORPORATION RECONCILED YES 181.00 181.00 .00
74070 5/07/2004 SHILO I~TN NEWPORT RECONCILED YES 187.90 187.90 .00
74071 5/07/2004 SIERRA SPRINGS RECONCILED YES 184.75 184.75 .00
74072 5/07/2004 SLAyDEN CONSTRUCTION INC RECONCILED YES 496,748.21 496,748.21 .00
74073 5/07/2004 SOUTHWEST ESCROW COMPANY RECONCILED YES 208,934.45 208,934.45 .00
74074 5/07/2004 SPRINT RECONCILED YES 118.10 118.10
74075 5/07/2004 SUSA~ BUTRUILLE RECONCILED YES 25000 250.00 .00
74076 5/07/2004 TEK SUPPLY RECONCILED YES 284.95 284.95 .00
WOODBURN LIVE C I T Y 0 F W 0 0 D B U R N PAGE 2
DATE 6/09/04 AP0460
TIME 14:09:12 CHECK REGISTER VEEOT
CHECK # C~ECK DATE PAYEE N;U~E STATUS UPDATED CHECK AMOUNT RECONCILED~24T DIFFERENCE
74078 5/07/2004
74079 5/07/2004
74080 5/07/2004
74081 5/07/2004
74082 5/07/2004
7408] 5/12/2004
74085 5/12/2004
74086 5/12/2004
74087 5/12/2004
74088 5/12/2004
74089 9/12/2004
74090 5/12/2004
74091 5/12/2004
74092 5/12/2004
74093 5/12/2004
74094 5/12/2004
74095 5/12/2004
74096 5/12/2004
74097 5/12/2004
74099 5/12/2004
74099 5/12/2004
74100 5/12/2004
74101 5/12/2004
74102 5/12/2004
74103 5/12/2004
74104 5/12/2004
74105 5/12/2004
74106 5/12/2004
74107 5/12/2004
74108 5/12/2004
74109 5/12/2004
74110 5/12/2004
74111 5/12/2004
74112 5/12/2004
74113 5/12/2004
74114 5/12/2004
74118 5/12/2004
74116 5/12/2004
74117 5/12/2004
74118 5/12/2004
74119 5/12/2004
74120 5/12/2004
74121 5/12/2004
74122 5/12/2084
74123 5/12/2004
74124 5/12/2004
74125 5/i2/2004
74126 5/12/2004
74127 5/12/2004
74128 5/12/2004
74129 5/12/2004
74130 5/12/2004
VALLEY PACIFIC FLORAL RECONCILED YES 128.75 128.75
VERIZON WIRELESS RECONCILED YES 58.30 58.30
WEST GROUP PAYMF~T CTR RECONCILED YES 201.50 201.50
WOODBI~NINDEPEi~DENT RECONCILED YES 102.00 102.00
YES GRAPHICS RECONCILED YES 3,558.95 3,558.95
ALL-PACK SUPPLY INC RECONCILED YES 606.90 606.90
~d~RK UNIFORM SERVICE I RECONCILED YES 46.50 46.50
ARCH WIRELESS RECONCILED YES 30.14 30.14
AT & T RECONCILED YES 22.16 22.16
BI ~ART CORPORATION RECONCILED YES 101.08 101.08
BOOKS IN MOTION RECONCILF~D YES 33.47 13.47
CORPORATE EXPRESS RECONCILED YES 947.36 947.36
CRYSTAL SPRINGS WATER CO RECONCILED YES 88.70 88.70
DE HAAS & ASSOCIATES INC RECONCILED YES 3,263.21 3,263.21
DP NORTHWEST INC RECONCILED YES 6,962.00 6,962.00
DR. ROBERT H. JONES RECONCILED YES 403.00 403.80
EL LATINO DE H0Y RECONCILED YES 96.00 96.00
FAMILIAN NORTHWEST RECONCILED YES 562.25 562.25
F~3RROW PUMP, INC. RECONCILED YES 113.45 113.45
GRAINGER RECONCIL~) YES 525.74 525.74
GROUP MACKENZIE ENGINEER RECONCILED YES 10,180.90 10,180.90
HIRE CALLING INC RECONCILED YES 569.52 569.52
INDUSTRIAL WELDING SUPPLY RECONCILED YES 50.00 50.00
ISOLUTIONS CONSLrLTING LLC RECONCILED YES 510.00 510.00
ITT FLYGT CORPORATION RECONCILED YES 375.00 375.00
METROFUNLING, INC. RECONCILED YES 1,286.37 1,286.37
MIRELLA SANDOVAL-SA~J%ZAR RECONCILED YES 40.00 40.00
NORCOM RECONCILED YES 23.709.42 23.709.42
OR DEPT OF MOTOR VEHICLE RECONCILED YES 6.50 6.50
OR DEPT OF MOTOR VEHICLE RECONCILED YES 60.00 60.00
0RECON LIBRARy ASSOCIATIO RECONCILED YES 498.00 498.00
ORECON 8C~OOL BOARD ASSOC RECONCILEI) YES 49.00 49.00
OTS WIRE RECONCILED YES 127.20 127.20
PORTL~4DGENERAL ELECTRIC RECONCILED YES 17,035.43 17,035.43
PORTL~ ROSE FESTIVAL RECONCILED YES 14.00 14.00
PROMOTIONS WEST RECONCILED YES 584.10 584.10
PUBLIC WORKS SUPPLY INC RECONCILED YES 335.75 335.75
QWEST RECONCILED YES 2~735.70 2,735.70
RADIO SHACK RECONCILED YES 2.99 2.99
RECORDED BOOKS INC RECONCILED YES 385.18 385.18
RED WING SHOE STORE RECONCILED YES 157.25 157.25
8~.AL TECH INC RECONCILED YES 5,380.55 5,380.55
SELECT CONTRACTING INC RECONCILED YES 9,277.69 9,277.69
SILVERFLEET SYSTEMS RECONCILED YES 1,401.14 1,401.34
SLATER COMM~ICATIONS RECONCILED YES 3,153.00 3,153.00
SONITROL RECONCILED YES 55.00 55.00
TERESA SALAZ~kR RECONCILED YES 45.00 48.00
UNITED DISPOSAL SERVICE RECONCILED YES 1,892.25 1,892.25
VIKING OFFICE PRODUCTS RECONCILED YES 680.70 680.70
WBN CO~94UNITY ACCESS TV I RECONCILED YES 1,350.00 1,350.00
WINTERBROOK PL~.NNING LLC RECONCILED YES 8,363.17 8,363.17
WOLFERS HEATING & AIR CON RECONCILED YES 2,324.85 2,324.85
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
PAGE
WOODBURN LIVE C I T Y O F W O 0 D B U R N AP0460
DATE 6/09/04 CHECK REGISTER VEEOT
TIME 14:09:12
74132 5/12/2004 YES GRAPHICS RECONCILED YES
74133 5/12/2004
74134 5/31/2004
74135 5/31/2004
74136 5/31/2004
74137 5/31/2004
74140 5/31/5004
74141 5/31/2004
74142 5/21/2004
74144 5/21/2004
74145 5/21/2004
74146 5/21/2004
74149 5/21/2004
74150 5/21/2004
74151 5/21/2004
74152 5/21/2004
74153 5/21/2004
74154 5/21/2004
74155 5/21/2004
74157 5/21/2004
74158 5/21/2004
74159 5/21/2004
74160 5/21/2004
74162 5/21/2004
74163 5/21/2004
74164 5/21/2004
74165 5/21/2004
74166 5/21/2004
74167 5/21/2004
74168 5/21/2004
74170 5/21/2004
74172 5/21/2004
74175 5/21/2004
74177 5/21/2004
74178 5/21/2004
74179 5/21/2004
74180 5/21/2004
74181 5/21/2004
74182 5/21/2004
74183 5/21/2004
74184 5/21/2004
74185 5/21/2004
74186 5/21/2004
74187 5/21/2004
74189 5/21/2004
74190 5/21/2004
74191 5/21/2004
74192 5/21/2004
74193 5/21/2004
74194 5/21/2004
74195 5/21/2004
74196 5/21/2004
yUN WAH RESTAU~T RECONCILED
OR DEPT OF MOTOR VEHICLE RECONCILED
VALLEY MAILING SERVICE IN RECONCILED
VEE OTT RECONCILED
RAMON GARCIA JR RECONCILED
LORENA SILVA RECONCILED
VALLEY MAILING SERVICE IN RECONCILED
AEROTEK INC RECONCILED
AMERICAN FIRE PROTECTION RECONCILED
AMERICkN pUBLIC WORKS ASS RECONCILED
ARAMARK UNIFORM SERVICE I RECONCILED
BLUMENTEAL UNIFORM & EQUI RECONCILED
BROOKS F~DWARE RECONCILED
COOKE STATIONERY COMP;%NY RECONCILED
CORPORATE EXPRESS RECONCILED
COSTCO WHOLESALE RECONCILED
COUGAR ENTERPRISES INC RECONCILED
DAILY JOL~AL OF CO~D4ERCE RECONCILED
DP NORTHWEST INC RECONCILED
ERNIE GR~ OIL, INC RECONCILED
G.K. MACHINE RECONCILED
GEOENGINEERS, INC RECONCILED
GRAINGER RECONCILED
HEARTL4%ND SERVICES INC RECONCILED
HOFFMAN, HART & WAGNER LL RECONCILED
HUBBARD CHEVROLET RECONCILED
IKON OFFICE SOLUTIONS RECONCILED
INGRAMDIST. GROUP RECONCILED
JBC LEGAL GROUP PC RECONCILED
LANGUAGE LINE SERVICES RECONCILED
M3%RION COUNTY BLDG INSPEC RECONCILED
Fu~RION CO~INTY TREASURY DE RECONCILED
METROFUELING, INC. RECONCILED
MICRO MARKETING LLC RECONCILED
MSI GROUP, INC RECONCILED
NORTH CREEK ANALYTICAL IN RECONCILED
NORTHWEST GEOTEC~ INC RECONCILED
OFFICE M~ CREDIT PLAN RECONCILED
ONE CALL CONCEPTS. INC RECONCILED
PERSONAL PROTECTIVE SERVI RECONCILED
QUINLAN PUBLISHING GROUP RECONCILED
RECORDED BOOKS INC RECONCILED
ROSE PAPER PRODUCTS RECONCILED
STATE BOARD OF E~INERS RECONCILED
TEK SYSTEMS INC RECONCILED
TERMINIX RECONCILED
TIMBERLINE DODGE INC RECONCILED
UPS RECONCILED
WILLIAM LEE RECONCILED
WILSONVILLE LOCK & SECURI RECONCILED
WOODBURN AUTOMOTIVE REPAI RECONCILED
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
325.00
63.50
799.80
500.00
300.00
626.85
200.00
22.85
392.00
102.44
29.70
77.08
397.65
147.78
52.14
1,206.00
414.38
550.00
112.00
138.25
2,000.00
288.71
308.13
7.569.51
65.81
764.52
32.49
95.70
2,574.38
161.00
2,334.45
139.70
400.00
115.00
479.85
149.98
lO0.BO
318.00
93.58
238.44
160.00
895.31
18,399.01
48.75
5.00
314.59
325.00
63.50
500.00
300.00
200.00
626.85
200.00
22.85
392.00
102.44
29.70
77.08
397.65
147.78
52.14
1,206.00
414.38
550.00
138.25
2,000.00
308.13
7.569.51
65.8I
764.52
32.49
.00
.00
.00
.00
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PAGE 4
WOODBURN LIVE C I T Y O F W 0 0 D B U R N AP0460
DATE 6/09/04 CHECK REGISTER VEEOT
TIME 14:09:12
CHECK ~ CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
===========~===~== ................ RECONCILED YES 11200 112.00 .00
74197 5/21/2004 WOODBtIRN INDEPENDENT .00
74198 5/21/2004 YES GRAPHICS RECONCILED YES 871.00 871.00
74200 5/31/2004 CITY OF WOODBURN PETTY CA RECONCILED YES 162.45 162.45
74202 5/31/2004 VALLEY MAILING SERVICE IN RECONCILED YES 462.15 462.15 .00
74313 5/28/2004 pARKER NORTHWEST PAVING C RECONCILED YES 50,954.29 50.954.29 .00
BAIgK AP TOTAL: 163 CHECKS 1,078,261.15 1,078,261.15 .00
RECONCILED .... : 163 CHECKS 1,078,261.15
NOT RECONCILED . . : C~ECKS .00
VOIDED ...... : CHECKS .00
UPDATED ..... : 163 CHECKS 1,078,261.15
NOT UPDATED . . . : CHECKS .00
Woodburn Memorial Aquatic Center
Revenue Comparison FY '2002-03 v.s. FY '2003-04
Special Events
Achnissions
Jan 2003 $0 00 Jan 2004 Feb 2003 Feb 2004 Mar 2003 Mar 2004 hi 2003 A 12004 M 2003 Ma 2004 Jun 2003 June 2004
$6 105195
$19 20885
$1 200.85
$58630
$47940
$29,438.20 $17.642.28 $13,896.10 $22,373.95 $15,500.55 $19,366.00 $21,646.38 $14,495.69 $16,751.75 $12,864.82 $24,193,81 $0.00
6715 4560 5855 5178 5799 5644 6612 5398 5899 4038 14239
-I 1.79592 8,477.85 3,865.45 -7,150.69 -3,886.93 -24,193.81
~10.07% 61 01% 2494% -33.03% .23.200/, .100.00%
Year to date by account
$1 857.19 ($562.411
$2,419.60 $58:,37.24 I
$67,206.43
$37,35465 $32,380.80 ($4,973.85
$44,101.58 $46,860 18 $2,758.60
$9,374.30 $8,747.23 ($627.07
$5,441.24 $3.705.42 ($1,735.82
$25r349 82 $19,060.58 f$61289.24
Year To Date Summar~
Year To Date Attendance
/Roc.eVenueBudget Estimates ]
2004 $195,000X !~
liars to date $170,74864
12 month total $191.247.62 ($20,498.98)
Department Totals Summary
Depa~m~ents
De~l Dep-2 Dep-3 Pep-4 [;)ep5 ~7 Dep8 Dep9
Non- NR-Child NR-Youth NR-Adult
Description Res. Child Res. Youth Res. Adult Res, Sen Res. Sen
lune03 1813 362 624 96' 95 426 112 213
Jul), 03 1983 452 2435 91 129 56 13 38
August 03 1463 379 51C 77 100 248 58 132
September 03 493 129 380 71 106 9~ 52 153
~"~ 03 366 111 347 49 90 90 37 172
November 03 379 137 259 54 109 118 46 168
_n ~-,c~_ tuber 03 270 118 297 61
Januat7 04 453 193 403 43 88 156 34 200
Februa~ ~ 618 251 427 58 121 165 48 182
~larch 04 896 270 584 47 104 11 54 19(3
April 04 878 199 456 61 90 171 58 165
May 04 793 152 418 83 114 119 38 133
June 04
Totals 10405 2753 7140 791 1230 1666 665 1796
29
8F
WOODB URN POLICE DEPARTMENT
Scott D. Russell · Chief of Police
Deborah H. Youmam · Deputy Chief
270 Montgomery Street Woodburn, Oregon 97071
Phone: (503) 982-2345 FAX: (503) 982-2370
Date: June 2, 2004
To:
Lan3, Oglesby, Director
Marion County Juvenile Depatt~ent
3030 Center Street NE
Salem, OR 97301
RE: JAIBG Grant for Federal Fiscal Year 2003
Dear Director Oglesby:
This letter is to inform you that it is the intent of the City of Woodbum to pool our Federal Fiscal Year
2003 JAIBG allocation with other Marion County and other local agencies in support of the Guaranteed
Attendance Program (GAP). Please include us in your JAIBG grant proposal. If you have any questions
or need further assistance please let me know.
Sincerely,
Scott D. Russell,
Chief of Police
CC: File
City Adminis~ator
30
CITY OF WOODBURN
Community Development
8G
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
From:
Subject:
June 2, 2004
Jim Mulder, Community Development Director
Building Division
Building Activity for May 2004
2002 2003 2004
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 17 $2,011,266 8 $1,315,989 6 $924,738
Multi Family 0 $0 0 $0 0 $0
' Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 8 $40,499 8 $79,821 8 $24,000
Industrial 0 $0 2 $1,150,000 0 $0
Commercial Value 9 $5,365,718 5 $262,522 7 $155,000
Signs, Fences, Driveways 1 $1,100 2 $13,800 1 $3,000
Manufactured Homes 0 $0 0 $0 0 $0
TOTALS 35 $7,418,583 25 $2,822,132 22 $1,106,738
Fiscal Year (July 1- $66,536,576 $34,650,456 $26,528,770
June 30) to Date
PAGE1
~IING PROJECT TRACKING SHEET
PAGE 2
LONG RANGE PROJECTS
PAGE3
81
WOODB URN POLICE DEPA iRTMENT
270 Montgomery Street Woodbum, ~
Phone: (503) 982-2345 FAX: (503) 982-2370
· Chief of Police
Russell ·
Deborah H. Youmans Deputy Chief
Date: May 27, 2004
To'
Brandy Graft
456 Muirfield La
Woodbum, OR 97071
RE: Street Closure June 12, 2004
Under authority granted to the Chief of Police by City Ordinance and ORS 810.030 1 hereby authorize the
closure of one-half of Muirfield Ln between 456 Muirfield Ln and the comer of Edgewater Dr. on June
12, 2004, between the hours of 3:00 PM and 9:00 PM to honor the extended over-seas service of a
Woodburn citizen in the Armed Forces, which is a conununity event in the public interest. In order to
facilitate the safe and proper closure of the street please contact the Woodburn Street Depaxtment for
assistance. Local access to residences must be allowed as requested. Other portions of Woodburn City
Code such as the Noise Ordinance #2312 remain in effect.
Sincerely,
Scott D. Russell,
Chief of Poliee
CC: File
City Admini~h~ato~
PaUol
Stteen Depamnem
~ :.WOODB U2~70MPontOgoLme~pjCs~EeeetDwEo~Pbb~u~nR, oTreo~n9NToT
~ Phone: (503)982-2345 FAX: ($0~1 982-23~
Scott D. Russell · Chief of Police
Deborah H. Youmans · Deputy Chief
Date:
To:
May 27, 2004
Shayao McFarland, Heritage Park Neighborhood
1390 Independence
Woodburn, OR 97071
RE: Street Closure July 10, 2004
Under authority granted to the Chief of Police by City Ordinance and ORS 810.030 1 hereby authorize the
closure of In&pen&nee Ave. between Colony and Roanoke on July 10, 2004, between the hours of 11:00
AM and 2:00 PM for a Neighborhood Watch Block BBQ, which is a special community event that is in
the public interest. In order to facilitate the safe and proper closure of the street please contact the
Woodburn Street Department for assistance.
Sincerely,
Scott D. Russell,
Chief of Police
City Adrainistrato~r
Patrol
Street Depamn~at
36
June 11, 2004
TO:
FROM:
Mayor and City Council through City Administrator
Scott Russell, Chief of Police,¢~~'
SUBJECT: Request for Temporary Increase in Authorized Staffing Level
RECOMMENDATION:
City Council authorizes a temporary increase in the authorized staffing level for
police officers by one (1) position until insurance settlement is finalized.
BACKGROUND:
As you are aware due to budget constraints one (1) Police Sergeant position
has been frozen until July 1, 2004. In addition one (1) Police Officer position has
been vacant due fo an officer on leave of absence pending medical
retirement. Since December 5, 2003 Officer Greg Collins was placed on a leave
of absence and pending a medical retirement effective upon the finalization of
his workers compensation insurance claim. This placed the department in
deficit of two (2) positions, with two (2) more openings occurring on July 1, 2004
at which time we will have a total of four (4) positions to fill.
DISCUSSION:
Over the past several months the police department has been in the process of
recruiting for these new police officer positions. Fortunately, the department
was able to attract several excellent candidates who are certified police
officers, and good potential pool of recruit officers. The insurance provider has
assured us that resolution of Officer Collins situation is imminent. Given our
current staffing needs, the fact that our current personnel budget will support
the increased position, and the amount of hiring that will be required on or
about July 1, 2004, I request that council approve a temporary increase in
authorized personnel in order to bring us back to full staffing as soon as possible.
This action will increase the authorized number of sworn officers from 27 to 28.
This temporary position will be eliminated as a soon as Officer Collins medical
retirement has been formalized.
Agenda Item Review: City Administrato~~C~''/ City Attorney
Finance,.~
37
Mayor and City Council
June 11, 2004
Page 2
Funding is available in the Departments budget for both fiscal year 2003-2004
and 2004-2005,
WOODBUaN
10B
June 10, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrato~/~/~-----~
Randy Rohman, Public Works Program Manage~'-'
Purchase of Property and Access Easement for Municipal Well from
Patrick Industries Inc.
RECOMMENDATION:
By Council motion:
Action 1: Authorize the City Administrator to execute on behalf of the City
an Agreement to purchase property from Patrick Industries Inc. for a
municipal water supply well.
Action 2: Accept an Easement from Patrick Industries Inc. for access to a
municipal water supply well.
BACKGROUND:
The water master plan for the water treatment plant project used raw water
from Well #8, located off Alexandra Street across from Legion Park, to supply
water to the treatment plant located on National Way. As the preliminary plans
for the treatment plant project progressed there developed costly problems in
transmission line routing from the well to the National Way p~ant. Concerns were
also raised about the age, construction and condition of Well #8. As a result, a
decision was made to not to utilize the well and obtain property near the
National Way site that would be a sufficient distance from the existing National
Way well and wauld provide easy raw water transmission line access.
The general area that fit the requirements for a new well to provide water to the
National Way treatment plant was along the north boundary of the city limits
between 99E and Front Street. The site selected (shown on Attachment C} was
located in the northwest corner of a lot owned by Patrick Industries. The area
required for the well site is 10,000 square feet and to provide access to the site
Agenda Item Review: City Administrator~-~ City Attorney ~ Financ~
39
Mayor and City Council
June 10, 2004
Page 2
and a location for the raw water transmission line an access easement along
the west boundary of the lot was also required.
The property owner was contacted about potential acquisition of the property.
They indicated an interest in potential sale of the required portion of the lot and
also the access easement. City Council provided guidance to staff to continue
negotiations with the property owner and negotiated a purchase agreement
and an access easement for the required property. These negotiations have
been completed and an agreement, Attachment A, for the purchase of the
property and an access easement, Attachment B, have been completed. The
costs for the property and easement are at the appraised value of each.
DISCUSSION:
The location of the property is ideal for the water well and the access to a
drainage ditch on the site will result in construction cost savings. The raw water
transmission line would be placed in the access easement and along National
Way where there is sufficient right of way and minimal conflicts for water line
installation. The city has completed negotiations with the property owner and
an agreement has been completed for the purchase of the property and
access easement. The cost for the purchase and access agreement has been
determined by the property appraisal according to City Council guidelines.
The completed purchase agreement and access agreement have been
reviewed and approved by the City Attorney and signed by Patrick Industries.
FINANCIAL IMPACT:
The purchase price for the water well site is $21,000. Consideration for the
easement to the site is $14.300, for a total cost to the City of $35,300. Funding is
budgeted in the Water Treatment Constructian Fund.
40
Between:
And:
AGREEMENT
Patrick Industries, Inc.
1800 South 14th Street
P.O. Box 638
Elkhart, Indiana 46515
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
ATTACHMENT A
"Sel{er"
"City"
RECITALS:
1. Seller is an Indiana Corporation licensed to do business in Oregon
and City is an Oregon Municipal Corporation.
2. Seller is the owner of an approximately 10,000 square foot portion of
a larger parcel of real property located in Marion County, Oregon, more particularly
described on Exhibit A attached hereto (the "Property").
3. Seller desires to partition and sell the Property to City, and City
desires to purchase the Properly from Seller and to place on the Property a
municipal water well, on the terms and conditions set forth in this Agreement (the
"Agreement").
4. The City will construct and maintain the water production well and
all utility lines placed on the access easement similar to other City facilities.
5. City also will acquire an access easement from Seller in order to
operate its municipal water well.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF the mutual
promises and covenants contained herein, the padies agree as follows:
1. PURCHASE AND SALE OF THE PROPERTY. Seller agrees to sell
the Property to City, and City agrees to purchase the Property from Seller, on the
terms and conditions set forth in this Agreement.
2. TOTAL PURCHASE PRICE. The total purchase price for the
Property is $21,000.00 which shall be payable in cash at the time of closing.
Page 1 - Patrick Industries, Inc Agreement
4,1
3. PRELIMINARY TITLE REPORT. Seller shall furnish to City a
preliminary title report prepared by the Title Company showing its willingness to
issue title insurance on the Property (the "Title Report"). City shall review the Title
Report and notify Seller, in writing, of City's disapproval of any unacceptable
exceptions shown in the Title Report. However, notwithstanding anything in this
Agreement to the contrary, zoning ordinances, building and use restrictions
imposed by governmental authority, utility easements and reservations in federal
patents or state deeds shall be acceptable exceptions to Seller's title. If City
notifies Seller in writing of disapproval of any unacceptable exceptions in the Title
Report, such notifications shall terminate this Agreement.
4. CLOSING.
4.1 Closing shall take place in escrow at the First American Title
Company of Oregon, Woodburn office.
4.2 Any delinquent real property taxes shall be paid by Seller.
Taxes levied against the Property for the current tax year shall be prorated
between Seller and City.
4.3 At the time of closing, Seller shall pay for and provide a
purchaser's policy of title insurance, standard form, for the full purchase price,
insuring City's interest in the Property.
equally.
4.4
All escrow and closing fees shall be paid by City and Seller
4.5 All recording fees shall be paid by the City except those
necessary to clear Seller's title to the Property.
5. SELLER'S WARRANTIES.
5.1 Seller warrants that it owns good and marketable title to the
Property subject only to the standard printed exceptions and exceptions for the
matters accepted by City pursuant to Section 3.
5.2 Seller warrants that it has used the Property in compliance
with all applicable laws and regulations, and that Seller has not received and is not
aware of any notification from any governmental agency having jurisdiction
requiring any work to be done on the Property in order for it to conform to the
applicable building code.
6. ENVIRONMENTAL ASSESSMENT. Before the Closing Date, City
may engage consultants or engineers of City's choosing to conduct an
environmental assessment of the Property as City deems necessary. City or its
agents shall have the right to enter the Property at reasonable times before the
Closing Date to make such environmental assessment at City's expense and risk.
Page 2 - Patrick Industries, Inc. Agreement
City shall indemnify and hold the Seller harmless from any loss, damage, or claim
arising out of City's access to the Property for the purpose of making the
environmental assessment. It shall be a condition to closing that the results of
such environmental assessment be acceptable to City in its sole discretion.
7. OTHER PROVISIONS.
7.1 The property shall be used for a municipal water production
well. City will provide for the completion of all legal descriptions required for the
purchase of the property and access easement.
7.2 City will provide for all costs associated with partitioning of
Property required for purchase.
7.3 The City represents and warrants that it has taken all actions
necessary to authorize this agreement and the payment of the purchase price.
8. GENERAL PROVISIONS.
8.1 Assignment. City may not assign this Agreement without the
prior written consent of Seller, which consent Seller may withhold in its sole and
absolute discretion.
8.2 Bindinq Effect. This Agreement shall be binding upon and
inure to the benefit of the parties, and their respective heirs, personal
representatives, successors, and assigns, but nothing contained in this Section
shall alter the restriction against assignment without Seller's prior written consent.
8.3 Notices. Notices under this Agreement shall be in writing and
shall be effective when actually delivered or telecopied If mailed, a notice shall be
deemed effective on the second day after deposited as registered or certified mail,
postage prepaid, directed to the parties as follows:
To Seller:
Patrick Industries, Inc.
1800 South 14th Street
P.O. Box 638
Elkhart, IN 46515
To City:
City of Woodburn
cio John C. Brown
City Administrator
270 Montgomery Street
Woodburn, OR 97071
or to such other address as either party may from time to time designate by notice
to the other given in accordance with this Section.
Page 3 - Patrick Industries, Inc. Agreement
8.4 Waiver. Failure of either party at any time to require
performance of any provision of this Agreement shall not limit the party's right to
enforce the provision. Waiver of any breach of any provision shall not be a waiver
of any succeeding breach of the provision or a waiver of the provision itself or any
other provision.
8.5 Indemnification. City shall hold Seller harmless and indemnify
Seller against any loss, cost, or expense in connection with any inspection of the
Property by City. City shall repair any damage to the Property caused by its
inspections or tests, if any.
8.6 Attorney Fees. In the event suit or action is instituted to
interpret or enforce the terms of this Agreement, the prevailing party shall be
entitled to recover from the other party such sum as the court may adjudge
reasonable as attorney fees at trial, on any appeal, and on any petition for review,
in addition to all other sums provided by law.
8.7 Prior Aqreements. This Agreement supersedes and replaces
all written and oral agreements previously made or existing between the parties.
8.8 Applicable Law. This Agreement shall be construed, applied,
and enforced in accordance with the laws of the state of Oregon.
8.9 Brokers. City and Seller acknowledge and agree that they
have employed no real estate brokers or finders in connection with the sale and
purchase of the Property.
8.10 Chanqe in Writinq. This Agreement and any of its terms may
only be changed, waived, discharged, or terminated by a written instrument signed
by the party against whom enforcement of the change, waiver, discharge, or
termination is sought.
8.11 Invalidity of Provisions. In the event any provision of this
Agreement, or any instrument to be delivered by City at closing pursuant to this
Agreement, is declared invalid or is unenforceable for any reason, such provision
shall be deleted from such document and shall not invalidate any other provision
contained in the document.
8.12 Descriptive Headinqs. The descriptive headings of the
Sections of this Agreement are inserted for convenience only and shall not control
or affect the meaning or construction of any of the provisions hereof.
Page 4 - Patrick Industries, Inc. Agreement
STATE OF f-~-~ ~
) ss
Oounty of ~"~ ~:~ ~"~ )
On this ['~ day of Ix"[l~-~' , 2004 before me appeared
before me the above named ~e~¢ I~rC"T, Lc-"-~ I~'1/11'~,, who being first duly
sworn did say that he/she is the-/,~-N~"l~C, NI,~' of Patrick Industries, Inc.,
and that said instrument was signed on behalf of said corporation and he/she
acknowledged that the said instrument to be its voluntary act and deed.
I{ OFFICIAL SEAL
RANDY SCOTT
NOTARY PUBLIC-OREGON
COMMISSION NO. 357628
MY COMMISSION EXPIRES MAY 9, 2006
Notary Public for:
My Commission Expires:
Page 6 - Patrick Industries, Inc. Agreement
STATE OF OREGON
County of Marion
)
) ss
)
On this __ day of , 2004 before me appeared
before me John C. Brown, who being first duly sworn did say that he is the City
Administrator of the City of Woodburn, and that said instrument was signed on
behalf of the city and he acknowledged that the said instrument to be its voluntary
act and deed.
Notary Public for Oregon
My Commission Expires:
Page 7 - Patrick Industries, Inc. Agreement
After recording, return to:
City of Woodburn
cio Mary Tennant, City Recorder
270 Montgomery Street
Woodburn, OR 97071
A TTA CHMENT B
EASEMENT
From: Patrick Industries, Inc. "Grantor"
1800 South 14th Street
P.O. Box 638
Elkhart, Indiana 46515
To: City of Woodburn "City"
270 Montgomery Street
Woodburn, Oregon 97071
RECITALS:
A. City requires the use of certain real property owned by Grantor in
order to provide access to its municipal water well site and to construct and install
a related water pipeline; and
B. Grantor desires to cooperate with City and to grant City an easement
for access to the well site and installation of the pipeline; and
C. City will compensate Grantor for providing said easement as
provided herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF the mutual
promises and covenants contained herein, the padies agree as follows:
Grant of Easement. In consideration of $14,300.00 and other good
and valuable consideration, the receipt, adequacy and sufficiency of
which is hereby acknowledged, Grantor hereby grants and conveys
to City, its successors and assigns, a permanent non-exclusive
access easement on, over, through and across Orantor's property for
the purpose of providing access to City's municipal well site and for
the construction and installation by City of a related water pipeline.
Grantor covenants that it is the lawful owner of the described real
estate and has the lawful right to convey the easement.
Page I - Patrick Industries, Inc. Easement
4.8
Legal Descriptions. The City will provide for the completion of all
legal descriptions required for the purchase of the access easement.
Description of Easement. The easement property is specifically
described as follows:
A 20.00 foot wide Access Easement, the westerly line of which is described as
follows:
Beginning at a point on the easterly line of that parcel of land conveyed to
Fleetwood Homes of Oregon, Inc. by deed recorded in reel 1285, Page 360, Deed
Records for Marion County, Oregon, which point bears North 89°54'30'' East 70.49
feet and South 08"50'00" West 100.00 feet from the Northwest corner of Parcel 2
of Partition Plat No. 94-15;
thence South 08°50'00'' West along the easterly line of said Fleetwood
Homes Parcel and the southwesterly extension thereof, a distance of 879.04 feet
to a point on the westerly boundary line of said Parcel 2 of Partition Plat No. 94-15;
thence South 32°02'35'' West along said westerly boundary line, a distance
of 167.94 feet to the northerly Right-of-way of National Way as dedicated to the
City of Woodburn and recorded in Reel 1256, Page 613, Deed Records and being
the Point of Terminus.
Description of Benefited Property.
easement is described as follows:
The property benefited by the
Beginning at the Northeast corner of that Parcel of land conveyed to Fleetwood
Homes of Oregon, Inc. by deed recorded in Reel 1285, Page 360, Deed Records
for Marion County, Oregon, which point is recorded as being North 89°54'30" East
70.49 feet from the Northwest corner of Parcel 2 of Partition Plat No. 94-15 and
being situated in the Southeast Quarter of Section 5 in Township 5 South, Range
1 West of the Willamette Meridian in the City of Woodburn, Marion County,
Oregon:
thence North 89°54'30" East along the North line of said Parcel 2, a
distance of 101.23 feet;
thence South 08°50'00.' West 100.00 feet;
thence South 89°54'30'' West 101.23 feet to a point on the easterly line of
said Fleetwood Homes Parcel;
thence North 08050'00'' East along said easterly line a distance of 100.00
feet to the Point of Beginning and containing 10,000.0 square feet of land, more or
less.
Page 2 - Patrick Industries, Inc. Easement
10¢
June 10, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Randy Rohman, Public Works Program Manager/~/~--~
Bid Award for Municipal Well 14 Construction
RECOMMENDATION:
Award bid for Municipal Well 14 Construction to the Iow responsible bidder, Schneider
Equipment, Inc. for $177,270.00.
BACKGROUND:
The City requested bids for construction of municipal well 14 that were opened at 2:00
P.M. on June 8, 2004. The results were:
Bidder
Schneider Equipment, Inc.
Geo-Tech Explorations
Amovnt
$177,270.00
$235,412.00
DISCUSSION:
The construction of Well 14, to be located on property to the north of Patrick Way, will
provide a municipal well that will supply raw water that will be treated at the National
Way Treatment Plant currently under construction. The work will involve ddlling of the
production well at this site that is anticipated to produce approxJmately 1,000 gallons per
minute.
The engineer's estimate for the well construction was $210,000 that is approximately
18% less than the Iow bid. The Iow bid is consistent with the cost of two earlier well
construction bids. The engineer's estimate included an anticipated increase for steel
cost increases that was not represented in the Iow bid. Staff recommends that award
be made to the Iow responsible bidder, Schneider Equipment, Inc. for $177,270.00.
FINANCIAL IMPACT:
The cost of the well construction is budgeted in the 2004-2005 Water Treatment
Construction Fund budget.
Agend(3 Item I~eview: City Administr(31~r ,.~/ City Attorney ~'.'.~ Finonc~
53
WOODBURN
IOD
June 10,2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
G. S. (Frank) Ziwari Public Works Director
Completion of Public Improvements Outlined in Development
Agreement
RECOMMENDATION:
Authorize the City Administrator to execute and record the document prepared
by the City Attorney acknowledging the completion of public improvements
under the development agreement related to the area of the Wal-Mart
development.
BACKGROUND AND DISCUSSION:
On September 3, 1991, the City of Woodburn participated in the signing of a
development agreement among certain private property owners in the vicinity
of the now developed Wal-Mart stores. Due to its length, a copy of the
agreement is not attached to this report, but is available for inspection in the
City offices. The private property owners invalved in the agreement were:
Pioneer Trust Bank
Wal-Mart Stores, Inc.
Klaw Holdings
Prairie Corporation
The City signed the agreement solely for the purpose of ensuring that the
required public improvements were completed by the private parties. The
transfer of funds among the private parties was agreed upon with the full
understanding that the City had no interest in the private fund exchanges
among the parties.
The terms of the agreement, as they related to the public improvements, were
imposed by the City as the properties developed. These improvements are
outlined below:
Agenda Item Review: City Administrator<~~/ City Attorney.~4'/~ Finance~//
54
Mayor and City Council
June 10, 2004
Page 2
Aa
Do
Lawson Road: North of Stacy Allison to existing pavement
Stacy Allison Way from Evergreen to west side of Wal-Mart approach
Stacy Allison Way/Frontage Road - Stacy Allison extension west then south
along I-5 to the end of Wal-Mart Stores
Lawson Road (now Harvard Drive) future extension: Behind Wal-Mart Stores
south of Stacy Allison Way
Other Miscellaneous Improvements and Easements: Evergreen and Hwy
214 traffic signal costs were divided among the private property owners on
an agreed cost share basis that did not involve the city. Also, a portion of
W. Hayes Street was vacated and the city was provided with the necessary
right-of-way easements so that property development could be permitted.
Earlier this year, your Council authorized an intergovernmental agreement with
the Oregon Department of Transportation (ODOT) associated wit the protective
purchase of property necessary for right-of-way to improve the I-5/Woodburn
Interchange. The City has, pursuant to the agreement, conveyed payment of
$2.5 million to ODOT, and ODOT is completing negotiations with the property
owner. ODOT recently requested that the City record a document
acknowledging completion of the public improvements so the right-of-way
acquisition for I-5 improvement project can proceed.
As City Engineer, I want to report to the City Council that the above
improvements in city public right-of-way and easements, with the exception of
traffic signal on Highway 214 and Evergreen, have been completed to City
engineering standards under my overall supervision. The construction of the
traffic signal was supervised by ODOT.
FINANCIAL IMPACT:
There is no financial impact to the City of Woodburn associated with the
recommended action.
Attachments: Completion of Public Improvements Document
Letter from City Attorney
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodbum, OR 97071
DEVELOPMENT AGREEMENT
(COMPLETION OF PUBLIC IMPROVEMENTS)
WHEREAS, the City of Woodburn, Oregon ("City") previously executed a certain
Development Agreement ("the Agreement") related to the area of the Wal-Mart
development for the purpose of ensuring that certain required public improvements
were constructed; and
WHEREAS, in addition to the City, the private parties to the Agreement were
Pioneer Trust Bank, N.A., Wal-Mart Stores, Inc., Klaw Holdings, and Prairie
Corporation; and
WHEREAS, the Agreement was dated September 3, 1991 and recorded on
December 10, 1991, at Reel 906, Page 496; of the Deed Records of Marion County,
Oregon; and
WHEREAS, the Agreement appears as an encumbrance against certain real
property ("the Property") which is described as follows:
Parcel 3, Partition Plat No. 92-24, recorded April 1, 1992, in Reel 937,
Page 467, Microfilm Records, Marion County, Oregon; and
WHEREAS, the City Engineer has certified to the City Council that the public
improvements required by the Agreement have been completed according to City
engineering standards; and
WHEREAS, except as to the completion of the required public improvements, the
City has no knowledge of and takes no position regarding any of the private parties
legal obligations under the Agreement,
NOW, THEREFORE, the City states as follows:
The City hereby acknowledges that the public improvements required by the
Agreement recorded on December 10, 1991, in Reel 906, Page 496 of the Deed
Records of Marion County, Oregon have been completed according to City engineering
standards.
Dated this of ., 2004.
Development Agreement (Completion of Public improvements)
Page 1 of 2
CITY Of WOODBURN, OREGON
By:
John C. Brown, City Administrator
ATTEST:
By:
Mary Tennant, City Recorder
STATE OF OREGON )
) SS.
COUNTY OF MARION )
On this day of ,2004, before me, .,
a Notary Public for the State of Oregon, personally appeared John C. Brown and Mary
Tennant and, who, being first duly sworn, did say that they are the City Administrator
and City Recorder, respectively, of the City of Woodburn, Oregon, and that the seal
affixed to the foregoing instrument is the seal of said city, and that the instrument was
signed and sealed on behalf of the said city, by authority of its City Council, and that
John C. Brown and Mary Tennant acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of said city.
Notary Public, State of Oregon
Development Agreement (Completion of Public Improvements)
Page 2 of 2
June 2, 2004
Incorporated t889
N
Terry D. Cole, Special Projects Coord.
via facsimile 503-986-2840 and mail
ODOT
2950 State Street
Salem, OR 97310
Mark S. Zimel
via facsimile 503-639-0602 and mail
Mark Zimel and Associates
P.O. Box 230834
Tigard, OR 97281
RE: Purchase of Property by ODOT
TSS, R2W, Section 2C, Tax Log 605
Gentlemen:
As you are aware, ODOT is in the process of purchasing the above-referenced CTF Development property.
The City strongly supports ODOT's acquisition of the property for the WoodburnlI-5 Interchange
improvement.
A development agreement dated September 3, 1991 is listed in the title report as an encumbrance on the
property. The parties to this agreement were Pioneer Trust Bank, Wal-Mart Stores, Klaw Holdings and
Prairie Corporation. The City executed the development agreement solely for the purpose of ensuring that
the required public improvements were completed by the private parties. Other than completion of the public
improvements, the City is unaware of whether any of the other contractual obligations were performed.
ODOT has requested that the City take the necessary steps to remove this title restriction. The City can
record a document stating that all public improvement obligations under the agreement were completed.
However, the City is not in a position to sign offfor any of the private parties.
I recently received extensive title report material from ODOT and am currently working with the Public
Works Director on resolving this issue. Since the City Council originally authorized the development
agreement, the matter must again be presented to that body. I have discussed the matter with the City
Administrator and want to place it before the City Council at its June 14, 2004 meeting. If you have any
questions or concerns, please contact me.
Sincerely,
N. Robert Shields
City Attorney
CC:
John Brown, City Administrator
Frank Tiwari, Public Works Director
Randy Rohman, Transit Director
Mike Robinson, Attorney
Leigh Enger, ODOT Right-of-Way Agent
Office of the City Attorney
270Montgomery Street · Woodburn, Oregon 97071
Ph.503-982-5228 · Fax 503-982-5243
WOODBURN
IOE
June 10, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator ~//~/~ ~
Randy Rohman, Public Works Program Manage~ / '
Bid Award for Demolition of House
RECOMMENDATION:
Action 1:
Withdraw the previous bid award to De-Constructors Inc. for
removal of the house located at 1060 Mount Hood Avenue
because De-Constructors Inc. does not possess insurance and its
submitted bid was not responsible.
Action 2:
Award the bid for removal of the house located at 1060 Mount
Hood Avenue to the lowest responsible bidder, Ali-Ways Excavating
for $8,273.00.
BACKGROUND:
The City requested bid quotations from qualified contractors for the removal of
the existing house located on City property at 1060 Mount Hood Avenue. The
results were:
Bidder
De-Constructors inc.
Ali-Ways Excavating
Rods Handy Man
Obrist Excavating
Power Concrete Cutting
Bob's Backhoe
Amount
$ 5,500.00
$ 8,273.00
$ 9,800.00
$13,500.00
$13,800.00
$23,980.00
The City Council on May 10, 2004 awarded the house demolition bid to De-
Constructors Inc., the apparent lowest responsible bidder. In preparation to
award the contract, Public Works determined that the apparent Iow bidder did
not possess the insurance required for the bid award and, therefore, is not
responsible. The second Iow bidder for the demolition was Ali-Ways Excavating
Agenda Item Review: City Administratc~~:''''''' City Attorney/k/".~ Finance~_
5g
Mayor and City Council
June 10, 2004
Page 2
with a bid price of $8,273.00. This is the lowest responsible bid. Staff
recommends that the Council withdraw the first bid award and that the bid
award then be made to the lowest responsible bidder, All-Ways Excavating.
FINANCIAL IMPACT:
The $8,273 cost of demolition will be split equally from the General CIP Fund and
the Wastewater Fund that has benefited from the access provided by the
acquisition of the Droperty containing the house proposed for demolition.
60
WOODBUI N
llA
June 9,2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician through the Public Work~''2 '
Director
Easement Vacation, Goose Hollow Subdivision
RECOMMENDATION:
After public hearing, by motion, instruct staff to prepare an ordinance vacating the
utility easement.
BACKGROUND:
Dijahnelos Homes, Inc, submitted a petition requesting that the outside 10-toot portion
of the existing 20-foot wide public utility easement adjacent to the public right-of-way
of Hazelnut Drive, within the Goose Hollow at Tukwila Phase One Subdivision be
vacated. Council initiated the vacation process because the petition did not meet the
requirements of two- thirds of the affected property as defined in ORS 270.080.
The industry standard and the city's requirement for an easement along the public
right-of-way is a strip that is 10 feet wide. The city has previously vacated a similar
easement utilizing the process outlined in this memo under the category of discussion
below.
The outside 10 feet in width is currently not being utilized by franchised utilities or the
city, nor is the additional width required for future needs. Therefore, it is being
recommended after public hearing, by motion, the council instruct staff to prepare an
ordinance vacating the utility easement
DISCUSSION:
VACATION PROCESS:
In accordance with ORS 271.100, action by the Council, Resolution No.
17,56 was passed on May 24, 2004, which initiated the vacation process,
set a date, time and place for the public hearing.
Agenda Item Review:
City Adminisrret~or City Attorney ·
Finance~
61
Mayorand City Council
June 9,2004
Page 2
Notice of public hearing has been published in the local paper for two
consecutive weeks prior to the hearing. Notice of the hearing was also
posted on-site.
ORS 271.120 Hearing Determination, provides for the governing body to
hear the petition and objections filed, determine whether the consent of
the owners of the requisite area have been obtained, whether notice has
been duly given and whether the public Interest wlll be prejudiced by the
vacation of such street. As of the dote of this memo, no written objections
have been submitted to the city.
D. The vacation meets all other guidelines concerning easement vacation.
Findings of Fact:
Location: The proposed easements to be vacated are shown on the
location map as provided on Exhibits "A". A legal descriptian of the
easements to be vacated is provided on Exhibit "B".
Jurlsdlctlon: The City has jurisdiction over the easements proposed to be
vacated.
Current land use and zoning: The surrounding land use and zoning will not
change by vacating the proposed easements.
Current use and future use of the easements proposed for vacation: The
city has no infrastructure within the area proposed to be vacated.
Franchised utilities have been contacted and no objections of vacating
this portion of the easement have been received. Future use, currently the
there is no plans to utilize this partion of the easement to be vacated.
FINANCIAL IMPACT:
The petitioner has paid the $570.00 Street Vacation Fee as identified in the Master Fee
Schedule Ordinance.
Attached: Copy of petition
EXHIBIT "A"
GOOSE HOLLOW AT TUKWlLA PHASE 1
REPLAT OF PARCEL 2 PARTITION PLAT NO. 97-43 AND
A REPLAT OF PARCEL 1 PARTITION PLAT NO. 97-77
IN N.E.1/4 SEC. 7, T. 5 S., R.1 W., W.M.
CITY OF WOODBURN, MARION COUNTY, OREGON
PROPOSED 10 FOOT WIDE
VACATED PORTION
[G 20-FOOT PUBLIC
UTiI.ITY EASEMENT
'lNG 20 FOOT PUBLIC
UTILITY EASEMENT
:! ,, .~' .,::,,
EXISTING 20-FOOT PUBLIC
;EMENT
PROPOSED 10 FOOT WIDE
VACATED PORTION
63
EXHIBIT "B"
The outside 10 foot width of thc existing 20 foot wide public utility casement
adjacent to Hazelnut Drive, as platted within Go~c Hollow at Tukwila Phase One
Subdivision, located in the Northeast ¼, Section 7, Township 5 South, Range 1 West, of
the Willaractte Meridian, City of woodburn, Marion County, Oregon
Dijahnelos Homes, Inc.
4/3,/2004
City Of Woodbum
Attn: Randy Scott
270 Montgomery Street
Woodbum, Oregon 97071
RE: Petition to Vacate a portion of the PUE on the Plat of Goose Hollow at Tukwila
Please accept this letter as petitioners' request to enter a petition to vacate a portion ora 20 foot
PUE designated on the plat of Goose Hollow at Tukwila, recorded in Marion County Book of
Town Plats, Volume 45, Page 33, February 3, 2004, described as follows:
The outside 10 feet of the 20 foot wide utility easement on the Plat of Goose Hollow at
Tukwila. The outside 10 feet being that portion of the easement furthest away from the
public road right-of-way.
The Petitioners are the owners, as shown in the records of Marion County department of
Assessment and Taxation of at least two-thirds of the property embraced within said Plat.
The particular circumstances that justify granting a vacation of the said easement are:
Ten (10) feet is the current industry standard width for this easement. A twenty (20) foot
wide easement had been previously recorded, and not duly noted until the current plat
recordation.
A similar vacation occurred in 2000 affecting abutting properties to the east. This request
is consistent with existing easements in the area.
This petition is hereby presented to the City Recorder for the purpose of filing, and appropriate
consideration by the city governing body. Please forward any and all notices of hearings, actions
or requirements concerning this petition to the Petitioner's: Dijahnelos Homes, Inc. 2355 Miller
Court, Woodbum Oregon 97071-9686.
Respectfully Submitted,
2355 5,111 I,I{R (()U¢I, ¢/('K]I)I~UIiN (IR 97(171
[ 1.3 503-'182-7~)07 FAX 503-982-7552
(. ( Iq:: 132'735
WOODBUI N
11B
June 10, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through~Z.~t~ Administrator
Ben Gillespie, Finance Directorship-~
Public Hearing to Consider the City of Woodburn's 2004-05 Budget
RECOMMENDATION:
Conduct public hearing and authorize staff to draft a budget ordinance based
on the Budget Committee's recommendation, including allowable budget
adjustments that do not change the tax levy requirement.
BACKGROUND AND DISCUSSION:
On May 17, 2004 the Budget Committee concluded their hearing on the City's
2004-05 budget and unanimously recommended that the budget document be
forwarded to the City Councit for the next phase of the budget pracess.
As required by Oregon Budget Law, the notice of this hearing date, along with
the financial summary, was published in The Woodbum Independent on June 2,
2004. The financial summary documents a City budget totaling ,$49,975,656. It
includes the Committee's recommendation to impose the property tax limit of
$6.0534, and to impose a levy of $155,820, for bonded debt which is excluded
from the statutory limitation.
Management recommends five changes to the Budget Committee's
Recommended Budget:
First, the Recommended Budget contemplates moving monies from 2003-04
PERS savings in the operating funds to the Payroll Clearing Fund (in 2004-05).
Those funds would be more securely protected in reserve accounts.
Management recommends budgeting PERS Reserves in reserve accounts in the
opera-ting funds. Those funds could not be spent until 2005-06 at the earliest.
The Budget total would not be affected, but within each operating fund the
account "Transfer to Payroll Clearing Fund" would be replaced with the
account "Reserve for PERS." The amount to be set aside would remain $329,824.
Agenda Item Review: City Administrator-~ City Attorney/V'g ~ Fin a nce~/)/7
66
Mayor and City Council
June 10, 2004
Page 2
Second, the estimate used for Property Taxes in the Transit Fund in the material
that was presented to the Budget Committee was overstated by $29,111.
Management recommends increasing grants by $9,000, increasing advertising
revenue by $4,574, and decreasing Contingency by $15,537 to balance the
reduction in Property Taxes. The grant adjustment is supported by the most
recent notices from the granting agencies. Advertising was an option discussed
during the Budget Committee's deliberations. They made no recommendation
on advertising, but this situation raises its priority.
Third, the Council will recall that staff recommended to the Budget Committee
a $401,488 reduction in the Sewer Fund which was approved as part of the
Committee's recommended budget. In the material presented to the Budget
Committee the correction had already been made. The result is, the
Recommend Budget for the Sewer Fund is $401,488 less than the amount that is
supported by current estimates of Beginning Fund Balance for 2004-05. By
statute the Council is limited in making increases to the budget recommended
by the Budget Committee. Because Recommended Budgets can be increased
by no more than 10%, the correction cannot be fully made at this time.
Management recommends increasing Beginning Fund Balance in the Sewer
Fund by $191,488, which will allow increases to expenditures by a like amount.
The Council can complete the necessary adjustment at the time of the mid year
review (January 2005).
Fourth, the 2nd Street/Parking Lot project is budgeted this year but will not be
completed till 2004-05. it is recommended that budget for the project be
carried forward to next year. That would increase the General CIP Fund by
$17,000 and increase the Street Fund by $17,000. In both cases funding would
be provided by an increase in Beginning Fund Balance.
Finally, the construction of the water treatment plant is funded largely by loans
from the State. It has come to our attention, since the May 17, 2004 hearing that
Debt service on those loans begins next year, but it was not included in the
Recommended Budget. Management recommends increasing debt service by
$600,000 in the Water Construction Fund in 2004-05. Contingency would be
reduced by a like amount.
FINANCIAL IMPACT:
If the Council approves all of the above changes, the 2004-05 budget would
increase by $809,951 to $50,785,607.
June 14, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development/~
Planning Commission's Approval of Conditional Use 04-02.
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 May 27, 2004, the Planning Commission adopted a final order approving
Conditional Use 04-02 for conditional use approval to operate a pay day loan
business on the propedy located at 790 Lawson Avenue.
The subject site is located on the northeast corner of Lawson Avenue and
Stacey Allison Way. It can be identified specifically on Marion County Assessor
Map T5S, R2W, Section 12C, Tax Lot 602. A commercial business (Subway) is
currently operating their business on the subject property.
The subject property is zoned Commercial General (CG) and designated
Commercial on the Woodburn Comprehensive Plan Map. The properties to the
east, north and west (across Lawson Avenue) are zoned Commercial General
(CG) and designated Commercial on the Woodburn Comprehensive Plan Map.
The commercial property to the east is in use as a Super 8 Motel. The
commercial property to the north is in use as an Exxon gas station and carwash.
The commercial property to the west (across Lawson Avenue) is being used by
Burger King. The property to the south of the westerly portion of the site (across
Stacey Allison Way) is zoned Medium Density Residential (RM), designated
Residential Greater Than 12 Units Per Acre on the Woedburn Comprehensive
Plan Map and is where the Barclay Square Apartments are located. Property to
the south of the easterly portion of the site is zoned Commercial Office and
designated as Commercial on the Woodburn Comprehensive Plan Map. This
property is being used by the Silver Creek Nursing Home and medical offices.
Agenda Item Review: City Administrator ~ City Attorney ~'~ Financet~
68
Mayor and City Council
June 14, 2004
Page 2
No wetlands are located on the subject site and it is located outside of the 500-
year floodplain.
The subject property was constructed as a large vehicle parking lot when the
Super 8 Motel was reviewed under the site plan review process (Site Plan Review
Case File No. 1995-05). On August 28, 2003 the Woodburn Planning Commission
approved a 4,020 square foot commercial building with 1,888 square feet of
office tenant space and 2,132 square feet of restaurant tenant space (Subway).
The Planning Commission also approved a variance on the subject site to allow
the minimum drive-through and by-pass lane widths to be reduced from 12 feet
to 9 feet. The total combined width for the drive-through and by-pass lane is 18
feet. The applicant, Cottonwood Financial, is proposing to operate their pay
day loan business in the 1,888 square foot office tenant space located in the
existing building on the subject site. Conditional use approval is required for a
pay day loan business in the CO zone.
DISCUSSION:
None.
I:INANClAI. IM?ACT:
There is no financial impact associated with the recommended action.
69
WOODBURN
14B
June 14, 2004
TO:
Mayor and City Council through City Administrator
FROM:
SUBJECT:
Jim Mulder, Director of Community Development ~/~'~1
Planning Commission's Approval of Conditional Use 04-04.
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 June 10, 2004, the Planning Commission adopted a final order approving
Conditional Use 04-04, for conditional use approval to operate an auto collision
repair business on the properties located on the southeast corner of the
intersection of Highway 99E and Laurel Avenue at 460 and 480 N. Pacific Highway
(Highway 99E).
The subject site is located on the southeast corner of the intersection of Highway
99E and Laurel Avenue af 460 and 480 N. Pacific Highway (Highway 99E). It can
be identified specifically on Marion County Assessor Map as T5S, R1W, Section
17BC, Tax Lot Nos: 9000 and 9100. An auto collision repair business was
established on the subject site in the 1970s. In the year 2000 a foreclosure
occurred on the subject properly which terminated the automotive repair
business for over 6 months so the legal non conforming status of the automotive
repair use on the subject site ceased. Thus, the current property owners are
required to receive conditional use approval to re-establish the auto collision
repair business on the subject site.
The subject property is zoned Commercial General (CG) and designated
Commercial on the Woodburn Comprehensive Plan Map. The surrounding
properties are zoned CO, designated Commercial on the Woodburn
Comprehensive Plan Map and are the location of commercial businesses. No
wetlands are located on the subject site and it is located outside of the 500-year
floodplain.
Agenda Item Review: City Administrator~-~2'/City Attorney/L/,/...~Finance~
7O
Mayor and City Council
June 14, 2004
Page 2
·
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
?!