The URL can be used to link to this page

Agenda - 06/28/2004WOODBURN CITY COUNCIL AGENDA JUNE 28, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Community Center Task Force will meet on June 29, 2004 at 7:00 p.m. in the Council Chambers. B. Lewis & Clark Discovery Box! an Army Corps presentation will be held at the Library on July 1,2004 at 3:00 p.m. Co Independence Day Celebration - July 4th · 6 a.m. to 10:30 a.m. - a Chuck Wagon Breakfast will be served at Legion Park; · 2 p.m. - a Youth Parade will begin at Settlemier Park; · After the parade, traditional July 4th activities will take place at Centennial Park (games, art & crafts, hot dogs, burgers and a DJ); · 2:30 p.m. - T-ball game at Centennial Park; · 6 p.m. - The Americana Band will entertain until the fireworks show; · 10 p.m. (approximately) Fireworks at Centennial Park City Hall and the Library will be closed Monday, July 5, 2004, in observance of Independence Day. The Aquatic Center will be open from noon to 5:00 p.m. Music in the Park starts July 6, 2004 with The Maharimbas performing African and Caribbean marimba music at 7:00 p.m. · 'HaJora i.t~rpretes bisponi[~[es para aq~[[as personas q.e no bah[an InO[~sI previo ac.eri~o, com.niquese a[ (5o3} 98o-z485.'' June 28, 2004 Council Agenda Page i e F. A police facility open house will be held on July 6, 2004 at 5:30 p.m. in the Council Chambers. O. Tyler Bechtel, a comical clown and entertainer, will perform at the Library on July 8, 2004 at 3:00 p.m. H. A public hearing to consider City Council Call-up of Conditional Use 04-02 (Cash Store) will be held on July 12, 2004. Appointments: I. Student Appointments to Park Board and Library Board. 1 PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled an the agenda.) CONSENT AGENDA - items listed on the consent agenda are considered routine and may be enacted by' one motion. Any' item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of June 14, 2004, regular and 2 executive sessions Recommended Action: Approve the Woodburn City Council minutes. B. Council Work Session minutes of June 7, 2004 11 Recommended Action: Accept the Council Work Session minutes of June 7, 2004. June 28, 2004 Counc# Agenda Page ii Ce De Fe Woodburn Planning Commission minutes of June 10, 2004 Recommended Action: Accept the Woodburn Planning Commission minutes. Libran/Statistics for May 2004 Recommended Action: Receive the report. Sffeet Closure June 23, 2004 thru July 7, 2004 Recommended Action: Receive the report. Compliance Agreement for 1024 Young Street pursuant to Chronic Nuisance Ordinance 2136 Recommended Action: Receive the report. Status Report on Construction of Right Turn Lane on Highway 214 for Northbound I-5 Access Recommended Action: Receive the report. 16 25 26 27 29 e 10. TABLED BUSINESS None. PUBLIC HEARINGS Supplemental Appropriations and Contingency Transfers Recommended Action: Authorize staff to draft an ordinance making supplemental appropriations and contingency transfers. 3O 11. GENERAL BUSINESS ke Council Bill No. 2514 - Ordinance adopting a supplemental budget for fiscal year 2003-2004 and declaring an emergency Recommended Action: Adopt the ordinance. Be Council Bill No. 2515 - Ordinance adopting a budget for fiscal year 2004-2005, making appropriations, levying taxes, and declaring an emergency Recommended Action: Adopt the ordinance. Ce Council Bill No. 2516 - Ordinance vacating a certain portion of an existing 20-foot utility easement within the Goose Hollow Phase One Subdivision and declaring an emergency Recommended Action: Adopt the ordinance. 38 48 June 28, 2004 CouncilAgenda Page #i D. 52 12. 13. 14. Council Bill No. 2517 - Resolution declaring the City's election to receive State revenues during fiscal year 2004-05 Recommended Action: Adopt the resolution. Liability, Auto, Property, and Workers' Compensation Insurance for Fiscal Year 2004-05 Recommended Action: Authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services (ClS) for fiscal year 2004-05. Contract Award for Street Resurfacing Improvements Recommended Action: Award the construction contract to the lowest responsible bidder, Parker Northwest Paving Co. for resurfacing improvements to various streets in the amount of $224,432.09. FY 2006-07 Pedestrian or Bicycle Improvement Grant (ODOT) Recommended Action: (1) approve an application for an ODOT Pedestrian and Bicycle Improvement grant in the amount of $480,500; and (2) authorize staff to submit the application to the Oregon Department of Transportation. PUBLIC COMMENT NEW BUSINESS PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administraffve Land Use acffons that may be called up by the C/fy Council. A. Planning Commission's Approval of Variance 04-09 (3009 North Pacific Highway) Planning Commission's Approval of Subdivision 04-01, Variance 04-01, Variance 04-07 and Exception 04-01 (west of Cooley Road) Planning Commission's Approval of Design Review 04-01 and Conditional Use 04-01 and Denial of Variance 04-05 (2401 N. Boones Ferry Road) D. Planning Commission's Approvalof Planned Unit Development 04-02 and Variance 04-08 (Goose Hollow) 54 62 64 75 77 79 81 June 28, 2004 Council Agenda Page iv 15. 16. 17. Planning Commission's Approval of Design Review 04-02 (Oil Can Henry's) 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 fo negotiate real property transactions pursuant fo ORS 192.660(1 )(e). 18. ADJOURNMENT 83 June 28, 2004 Council Agenda Page v June 24,2004 TO: FROM: SUBJECT: City Council Kathy Figley, Mayor Student Appointments to Park Board and Library Board It is my very great privilege to recommend the following appointments, to be effective September 1, 2004, or upon resignation of the previous student member of the respective boards: Park Board: Crlstal Sandoval Cristal impressed me with her interest in ALL of the facets of Parks and Recreation: gardens, natural spaces, recreation, relaxation, and, above all else, people. She is a very outgoing young woman and assures me that she will not be shy about speaking up for her peers and her community where park issues are concerned. Library Board: Yesenla Chavez Yesenia has some strong opinions about some things that can be done differently or better in the Library area: space, computer access, and greater support for high school and college students. I think she is not alone in her opinions, and she will also be a vocal advocate for her peers and her community. These young ladies will both be juniors at Woodburn High School this fall. I was impressed at both of their spoken and written communications skills and at their obviously sincere interest in contributing ta their community. I would also add that I was enormously impressed at the large group of sophomores who came to an informational meeting on our student board positions and the extremely high caliber of those who submitted letters expressing their interest in the pasitians. Writing "sorry" letters fo some of the other applicants is one of the more difficult things I have done as Mayor. I have forwarded those applications to staff for consideration for the Youth Council and other possible committee work. I think we can all be proud of the caliber of young people who are nearing adulthaod in our community. Finally, I would like to offer my thanks and congratulations to Evan Thomas, Park Board, and Vasily Chernishoff, Library Board, members of the Class of 2004. They have done an excellent job in their tenure on their respective boards. I know we all appreciate their efforts and offer them best wishes for the future! 8A COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14, 2004. Prior to convening the meeting, Mayor Figley requested for a moment of silence in memory of former President Ronald Reagan and in memory of four members of the Oregon National Guard who recently died in kaq. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0060 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Park & Recreation Director Westrick, Public Works Manager Rohman, Recorder Tennant 0O8O ANNOUNCEMENTS. A) Greenway Task Force Open House will be held on June 15, 2004, 5:30 p.m., in the City Hall Council Chambers. Following the Open House, a Recreation & Park Board workshop will be held at 7:00 p.m. in the Council Chambers on the same topic. B) Library Summer Reading Program sign ups will begin on June 17, 2004. C) Drums of Fire will be held at Woodbum High School on June 23, 2004 at 7:00 p.m.. D) Relay for Life event will begin at 6:00 p.m. on June 25th and conclude at 12:00 noon on June 26th. The event will be held at the Woodbum High School athletic field and proceeds benefit the American Cancer Society. E) Urban Renewal Agency meeting will be held on June 28, 2004, 6:45 p.m., in the City Hall Council Chambers. F) Community Center Task Force will meet on June 29, 2004, 7:00 p.m., in the City Hall Council Chambers. G) Police Facility Open House will be held on July 6, 2004, 5:30 p.m., in the City Hall Council Chambers. H) Music in the Park begins on July 6, 2004, 7:00 p.m., Library Park, with the guest performers being The Maharimbas who play African and Caribbean marimba music. Page 1 - Council Meeting Minutes, June 14, 2004 2 COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE READING I) Board vacancies exist on the Parks & Recreation Board and Library Board. Interested citizens are asked to call the City Administrator's office to request an application form. J) July 4th Events include a parade which will start at 2:00 p.m. from Settlemier Park and end at Centennial Park. Following the parade, there will be games, food, and a DJ at the Centennial park. A fireworks display will begin after it is dark between 9:30 pm and 10:00 pm. Mayor Figley encouraged the public to attend this annual event. K) Community support for local members of the armed forces and their families - Mayor Figley stated that the Police Department has been in contact with the Oregon National Guard Family Program Coordinator and has offered any assistance that the City staff might be able to give to families of those called up on active military duty. Even though the City is not a full military services organization, we are willing to do whatever we can to put the family member in touch the applicable organization that can be of help to the family. 0340 PROCLAMATION: RELAY FOR LIFE. Mayor Figley proclaimed Woodburn as an official Relay for Life City and declared the month of June 2004 as Relay for Life month in Woodburn in an effort to support American Cancer Society's fight against cancer. 046O CHAMBER OF COMMERCE REPORT. Bob Rhoades, representing the Chamber Board, stated that he did not have anything to report and was just observing tonight's Council meeting. 0500 CONSENT AGENDA. A) approve the regular and executive session Council minutes of May 24, 2004; B) accept the Planning Commission minutes of May 13, 2004; C) accept the Planning Commission minutes of May 27, 2004; D) receive the claims for May 2004; E) receive the Aquatic Center revenue comparison report; F) receive the letter to Marion County Juvenile Department regarding the JAIBG grant for federal fiscal year 2003; G) receive the Building Activity report for May 2004; H) receive the Planning Tracking sheet dated June 3, 2004; and I) receive the Notice of Street Closures report. Councilor McCallum referred to the letter to Marion County and requested additional information as what program will be funded through these grant dollars since, in the past, these funds were directed to Woodbum Peer Court. Chief Russell stated that JAIBG (Juvenile Accountability Incentive Block Grant) was used as part of the Peer Court project previously administered by the Sheriff7 s Office with assistance from Woodbum Together and the City acting as fiscal agent for the project. Staffreceived notice several months ago that the Sheriff's office and Woodburn Together Page 2 - Council Meeting Minutes, June 14, 2004 3 COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE READING would not be able to continue with the project and asked that the project be terminated. Recently, the City received a letter from Marion County Juvenile regarding the 2003 block grant requesting the City to pool the City's allocation with Marion County and other local agencies in support of the Guaranteed Attendance Program (GAP) for juveniles. This program focuses on requiring first time offenders to attend school, obtain treatment, attend court, and have close supervision to help them be law abiding individuals. The City had supported the GAP program for many years prior to Peer Court and this program seemed to be a prudent use of the City's allocation since Peer Court had ceased to operate. In regards to Woodbum youth, Chief Russell stated that as youth come into the system, there is a selection process for youth that they believe can benefit from this project and it is one of the few places that they can identify and target someone that has a good chance of staying out of one of the correctional facilities. Councilor McCallum stated that he wished the Peer Court could have continued since it proved to be a program that built some responsibility in for some juveniles and it also was a good leadership tool. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0857 REQUEST FOR TEMPORARY INCREASE IN STAFFING LEVEL. BJELLAND/MCCALLUM... authorize temporary increase in authorized staffing level for police officers by one position until the insurance settlement is finalized. The motion passed unanimously. 0885 PURCHASE OF PROPERTY AND ACCESS EASEMENT FOR MUNICIPAL 0927 WELL FROM PATRICK INDUSTRIES, INC. Staffrecommended the purchase of a 10,000 square foot parcel of land and access easement from Patrick Industries, Inc. for a new water well site which will provide water for the National Way treatment plant. The purchase price for the land is $21,000 and the cost for the easement is $14,300 for a total price of $35,300. NICHOLS/COX... authorize 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. The motion passed unanimously. BID AWARD: MUNICIPAL WELL 14 CONSTRUCTION. Bids for the construction of water well 14 were received from the following contractors: Schneider Equipment, Inc., $177,270; and Geo-Tech Explorations, $235,412. Staff recommended the acceptance of the low bid which was below the engineer's estimate of $210,000. Page 3 - Council Meeting Minutes, June 14, 2004 COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE READING NICHOLS/MCCALLUM... award the bid for municipal well 14 construction to the lowest responsible bidder Schneider Equipment, Inc., for $177,270.00. The motion passed unanimously. 0994 COMPLETION OF PUBLIC IMPROVEMENTS OUTLINED IN DEVELOPMENT AGREEMENT. BJELLAND/NICHOLS... 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. The motion passed unanimously. 1028 BID AWARD: DEMOLITION OF HOUSE. BJELLAND/COX... withdraw the previous bid award to De-Constructors Inc. for removal of the house located at 1060 Mt. Hood Avenue because De-Constructors Inc does not possess insurance and its submitted bid was not responsible. Councilor Cox questioned if the City pre-qualifies bidders on jobs of this type. Public Works Director Tiwari stated that the pre-qualification process did not apply to this job because it was too small. The motion passed unanimously. BJELLAND/NICHOLS... award the bid for removal of the house located at 1060 Mt. Hood Avenue to the lowest responsible bidder, All-Ways Excavating, for $8,273.00. The motion passed unanimously. 1097 PUBLIC HEARING: EASEMENT VACATION IN GOOSE HOLLOW SUBDIVISION. Mayor Figley declared the public heating open at 7:20 p.m.. Public Works Director Tiwati stated that the property owner had petitioned for the vacation of the outside 10-foot portion of the existing 20-foot public utility easement adjacent to the public right-of-way of Hazelnut Drive within the Goose Hollow at Tukwila Phase I subdivision. He stated that the proposed area to be vacated is not needed by City for utilities and there would still be a 10 foot public utility easement which is the standard width area required by the City. Staff has checked with other local utilities and they have responded back to the City that they do not need the 10-foot width that is being considered for vacation. Councilor Lonergan questioned as to why the 20-foot easement was initially required. Director Tiwari stated that initially the road was going to connect to Country Club Road and a larger storm drain line would have been installed outside of the public fight-of-way which would have required a wider easement. Plans have since changed and the storm drain line has been installed within the public right-of-way thereby not requiting the easement width as planned. The street tight-of-way is 60 foot wide and the pavement width is 36 feet. Page 4 - Council Meeting Minutes, June 14, 2004 TAPE READING COUNCIL MEETING MINUTES JUNE 14, 2004 No one in the audience spoke either for or against the proposed vacation. Mayor Figley declared the public hearing closed at 7:24 p.m.. COX/BJELLAND... instruct staff to prepare an ordinance vacating the utility easement and bring it back for Council consideration at the next regular meeting. The motion passed unanimously. 1380 PUBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2004-05. Mayor Figley declared the public heating open on the 2004-05 City Budget, which includes State Revenue Sharing funds, at 7:25 p.m.. Finance Director Gillespie reviewed the staffreport on the budget document recommended by the Budget Committee following their public hearing on May 15, 2004. The budget total approved by the Committee was $49,975,656. Additionally, the Committee had recommended that the Council levy a property tax rate of $6.0534 per $1,000 assessed value and $155,820 for bonded indebtedness outside of the statutory limitation. Staffis recommending that the following changes be made to the recommended budget: 1) PERS reserve be established within each fund for 2004-05 rather than transferring those dollars to a payroll clearing fund. 2) Property tax revenue estimate within the Transit Fund be reduced by $29,111, increase grant revenues by $9,000, increase advertising revenues by $4,574, and decrease operating contingency by $15,537 to balance the Transit Fund budget. 3) Increase the beginning fund balance in the Sewer Fund by $191,488 to partially correct an error in the beginning fund balance. 4) Increase the General CIP Fund and Street Fund beginning fund balances by $17,000 each and provide an appropriation in a like amount within each fund for the Second Street / Parking Lot project which will not be completed until after July 1, 2004. 5) Within the Water Construction Fund, increase debt service by $600,000 and reduce the contingency line item by a like amount since loan repayments will begin in fiscal year 2004-05 on the water treatment plant. If the above adjustments are approved by the Council, the 2004-05 City budget will total $50,785,607. Councilor Cox questioned the operating contingency balance within each of the funds listed above that involve a decrease in contingency appropriations. Finance Director stated that he did not know the exact figures but the General CI~ Fund contingency will be under $200,000, the Street Fund will have a contingency of $100,000 to $150,000, and the Water Construction Fund contingency will be approximately $3.2 million. Councilor Bjelland questioned if the Water Construction Fund involves an increase in the anticipated cost or is it shifting payment periods from one time frame to another time frame. Page 5 - Council Meeting Minutes, June 14, 2004 6 COUNCIL MEETING MINUTES JUNE 14, 2004 TAPE .READING Finance Director Gillespie stated that the City will begin to pay back the loan in 2004-05 instead of 2005-06 and the money is available in the contingency line item. Public Works Manager Rohman stated that the payment due in 2004-05 is for the direct loan that was bonded while the other two sources of loan monies from Safe Water Drinking Act and Water/Wastewater direct loan will start in December 2005. No one in the audience commented on the proposed City budget for fiscal year 2004-05. Mayor Figley declared the public hearing closed at 7:33 p.m.. COX/BJELLAND... authorize and direct staff to prepare a budget ordinance based on the Budget Committee's recommendation and on the allowable adjustments that are outlined in the staff report that do not change the tax levy requirement. On roll call vote, the motion passed unanimously. 2037 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. 2188 2246 Page A) Planning Commission's approval of Conditional Use 04-02 (790 Lawson Avenue): Allows for the operation of a pay day loan business at this address. Councilor Cox stated that the minutes of the Planning Commission indicate that the applicant stated that they would have an awning on the premises but they did not mention that they had already installed an off-premise sign which will be illegal as of July 1, 2004. He expressed his opinion that this action should be called up for Council review. It is his belief that it would be an appropriate condition to put on this approval that an off-premise not be allowed. He expressed his hope that this issue could be resolved before a hearing is actually held before the Council. CoX/MCCALLUM... call this application up for Council review. The motion passed unanimously. B) Planning Commission's approval of Conditional Use 04-04 (Highway 99E and Laurel Avenue): Allows for the operation of an auto collision repair business at 460 and 480 N. Pacific Highway. No action was taken by the Council to bring this matter up for review. CITY ADMINISTRATOR'S REPORT. Administrator Brown informed the Council that the City has installed a 25 MPH speed limit sign on Ogle Street and staffhas worked out an arrangement with Marion County for application of a dust suppression material to be placed on Ogle Street within the next month. MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that Willow Avenue is experiencing some potentially dangerous situations to young children who live on this street since motorists continue to drive down Willow Avenue at a high rate of speed. He has talked to the Police Chief and the department is patrolling the area for traffic violations along with talking to the children 6 - Council Meeting Minutes, June 14, 2004 ? TAPE READING 7713 COUNCIL MEETING MINUTES JUNE 14, 2004 about bicycle safety. He reiterated that something needs to be done about the speed of vehicles on this street before someone is injured or killed. Chief Russell stated that our motorcycle officer will be available for full-time traffic enfomement in about two weeks and this area will be a priority. Councilor Cox reminded the Council that traffic calming devices is a matter that still needs to be addressed by the Council. Councilor Nichols agreed that this issue should be discussed since other large cities have traffic calming devices in place and the residents are wondering why a device cannot be placed on each end of Willow Avenue between Sycamore and Myrtle Streets. Councilor Lonergan stated that the Woodburn Independent had recently reported on four different police actions that occurred within one week - train/pedestrian accident, a stabbing incident, break-up of a drug ring, and break-up of a fairly large burglary ring. He expressed his appreciation to the Police Department for the work they have been doing within the City. Councilor McCallum reminded the public that the Relay for Life will be held in a couple of weeks and the Chief of Police will begin running a mini-marathon on Saturday morning at 7:30 am.. He thanked the Council, management staff, and City employees for their backing of this annual event. He also stated that the local National Guard will be providing some equipment for this event. Additionally, Councilor McCallum stated that the Chamber Forum will be held on Wednesday with State Senator Peter Courtney as the guest speaker for this event. Councilor Sifuentez stated that some of the neighbors in the vicinity of Settlemier Avenue have contacted her regarding tree preservation along that street and she has obtained some information from the Public Works Director which she will take back to those residents. Mayor Figley stated that she attended the graduation exercise for the Woodbum High School Class of 2004 and she congratulated the class on their achievement. EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the authority of ORS 192.660(1)(h), ORS 192.660(1)(0, and ORS 192.660(1)(e). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjoumed to executive session at 7:45 p.m. and reconvened at 7:55 p.m.. Page 7 - Council Meeting Minutes, June 14, 2004 8 TAPE READING 2741 COUNCIL MEETINGMINUTES JUNE14, 2004 Mayor Figley stated that theCouncil took no action on items discussed during executive session. ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:56 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Termant, Recorder City of Woodbum, Oregon Page 8 - Council Meeting Minutes, June 14, 2004 9 Executive Session COUNCIL MEETING MINUTES June 14, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14, 2004. CONVENED. The Council met in executive session at 7:47 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present 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 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); 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f); and 3) To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e) ADJOURNMENT. The executive session adjourned at 7:53 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, June 14, 2004 10 8B COUNCIL WORK SESSION MINUTES JUNE 7, 2004 TAPE .READING Tape 1 - Side A .01 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 7, 2004 CONVENED. Mayor Figley convened the work session at 6:30 p.m. for the purpose of meeting with the Planning Commission for a presentation on the Draft Transportation System Plan. ROLL CALL. Mayor Figley Present Councilor Bjelland Present (approx. 7:00 pm) Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Planning Commission Members Present: David Vancil, Ellen Bandelow Staff Present: City Administrator Brown, City Attorney Shields, Community Development Director Mulder, Asst. City Attorney Won, Senior Planner Zwerdling, Associate Planner Richling, Public Works Director Tiwari, Senior C.E. Technician Scott, City Recorder Tennant Consultants: Steve Perone, CH2M Hill; Julia Kuhn, Kittleson & Associates Also present: Dan Frickey, ODOT Mayor Figley stated that this work session has been called to informally ask questions, raise concerns, and talk about issues relating the to draft Transportation System Plan. In an effort to maximize input without being in a public hearing setting, she stated that members of the audience would be allowed to ask questions and comment on the draft document provisions. 3.0 CorrLmunity Development Director Mulder stated that the purpose of the meeting was to introduce to the Council and Planning Commission the draft Transportation System Plan and he introduced the consultants in attendance who will be making the presentation and answering questions regarding the draft document. Director Mulder stated that the document is an update of the City's current Transportation System Plan (TSP) which was adopted in 1996. Updating this document is one of the City's Periodic Review Tasks and it is developed in conjunction with the land use plan for the City. The proposed land use plan included 3 alternatives that were modeled in the Page 1 - Council Work Session Minutes, June 7, 2004 11 COUNCIL WORK SESSION MINUTES JUNE 7, 2004 TAPE READING TSP to determine whether the transportation system would function over the next 20 years based on the land use alternatives. A prior Council / Planning Commission work session provided staff with some direction on the type of land uses to plan for and potential expansion of the urban growth boundary. The draft TSP provides a transportation system that will function within an acceptable manner over the 20-year planning period based on those land use plans. 11.3 Steve Perone, CH2M Hill, stated that the plan will form the foundation for developing the City's actual capital improvement program. Within his presentation, he provided an overview of the TSP which is an element of the City's Comprehensive Plan and it covers all types of transportation modal plans such as street system, pedestrians, bicyclists, rail, and transit user. The study area is generally encompassed by the current urban growth boundary however this document also looks at the proposed expansion areas of the urban growth boundary so that it will be consistent with the end result of the City's land use plan assumptions. He briefly reviewed the content of each chapter within the document and stated that Section 7 (modal plans) and Section 8 (funding issues) provide information on the preferred transportation system over the next 20 years. The I-5 interchange and associated improvements along Highway 214 are a large part of the transportation system plan and projected costs for the interchange improvement is $50 million. The overall package of preferred improvement costs outlined in the draft document is approximately $115 million. An arterial roadway along the south city limits will create an urban fringe around the proposed expanded urban growth boundary and provide collector connections to service local street infrastructure in those areas of development. As the boundary expands to include Butteville Road and Crosby Road, there will be a need to upgrade the standards or modernizing those facilities to urban standards. He reviewed the status of this process and stated that there have been open houses to solicit public comments in addition to comments received from City staff and associated agencies. Comments from this work session will be incorporated into the development of a final document and there will need to be some final synchronization of this plan with the rest of the land use planning. Before final adoption, additional public hearings will be held on a final draft document and the Council will ultimately adopt a new TSP. Director Mulder stated that there are multiple tasks being done by staff and it is staff's intention to try and bring all of these tasks forward at the same time. The land use plan is getting close but it is currently being held up by population projections from Marion County. To date, all of the planning is based on the preliminary population allocation of 35,000 as agreed to by LCDC and Marion County. Once the population projection is finalized, staff will move forward with an entire package for public hearing. In the meantime, the public involvement process is taking place which includes Planning Page 2 - Council Work Session Minutes, June 7, 2004 12 COUNCIL WORK SESSION MINUTES JUNE 7, 2004 TAPE READING Side B Commission hearings and review since the Commission is designated as the Advisory Committee for periodic review. The purpose of this work session is to determine if staff is moving in the fight direction so that areas of concern can be addressed early in this process. Director Mulder stated that this draft plan is not significantly different from the current plan but it does change some alignments due to the urban growth boundary expansion. Discussion was held regarding designation of a minor arterial (Evergreen Rd) through a residential area to the south by-pass rather than re-routing the traffic around a potential industrial area which is in close proximity to the Frontage Road area. Dan Frickey, ODOT, stated that there is a need to get the first traffic signal as far away from 1-5 as possible in order to reduce traffic congestion and Evergreen Road is the minimum distance for placement of a traffic signal. Administrator Brown stated that the draft TSP is a very technical document and he felt that it would be helpful to the staff if the Council and Planning Commission could provide staff with general directions on policy that the consultants could then go back and apply towards the rules and regulations to determine if those policies could be included in the TSP. Councilor Cox stated that the report indicates that all but one of intersections in the City are operating within appropriate levels and he questioned this finding when some intersections are experiencing a high level of traffic congestion. Mr. Perone stated that one of the policies set in developing the draft document was to consider what level of service at intersection performance that the City is willing to tolerate. Those thresholds can be changed and associated impacts will trickle through the draft document as a result of those types of policy decisions. Councilor Bjelland stated that the City is operating with limited City resources for infrastructure improvements and funding assistance from outside sources is also limited since other jurisdictions are also competing for available dollars. He also felt that the standards from the technical side may not be acceptable from a public standpoint since the public is the one using the transportation system. The standards may need to be redefined but it will not change the current traffic situation unless the infrastructure is improved. Director Mulder stated that developers are required to construct streets as development occurs rather than the City paying for the improvements which will serve the City for many years. Tape 2 Discussion was also held regarding the draft document showing that Fifth Street would be connected to Highway 214. Public Works Director Tiwari stated that the right-of-way is available but the current plan does not show Fifth Street as a connection. It was noted Page 3 - Council Work Session Minutes, June 7, 2004 13 COUNCIL WORK SESSION MINUTES JUNE 7, 2004 TAPE READING 6.5 20.5 that this will be a controversial issue if the City elects to proceed with the connection. Mayor Figley stated that she did not see any plan for improving Ogle Street. Director Mulder stated that Ogle Street is considered as a local street and the TSP only addresses streets that are of a higher level than local streets. The Mayor expressed concern regarding potential widening of minor arterial streets within an existing residential area to current city standards and questioned if other alternatives are available. Councilor Bjelland questioned if a two-tier structure could be incorporated into the plan so that new streets would have one street design standard whereas for existing streets there would be a lesser standard acknowledging the fact that you do not have the right-of- way. Director Mulder stated that he had considered the different standards but it may not be feasible to set those standards. He stated that the draft TSP projects a certain volume of traffic that would be carded by a specific street and to carry that amount of traffic it requires certain improvements. A minor arterial street, such as Settlemier Avenue, would be two lanes of traffic with a center turn lane. Based on the modeling, the draft plan outlines the type of system that is needed to be able to accommodate and maintain an acceptable level of service whether the street is an existing street or yet to be constructed. Councilor Bjelland questioned the minimum width of right-of-way to accomplish the two travel lanes and turn lane and still provide the flow of traffic on that roadway rather than requiring 74 foot of right-of-way on all minor arterials. He reiterated that he felt that the plan would set a standard for the City but it would also designate certain areas in which there would be an allowable amendment to what is normally a standard for an arterial. Any new area developed would need to follow the standards adopted within the plan. Councilor Cox stated that the same philosophy would also apply to sidewalks since there are existing areas within the City that currently do not have sidewalks or might have sidewalks on one side of the street. Them is a need for the plan to distinguish between areas that were built 40 or 50 years ago without the sidewalks compared to newly developed areas and future development. Brief discussion was also held on the possibility of installing traffic lights on certain minor arterials for the purpose of breaking up the traffic flow along the main street to allow traffic on side streets to gain access or cross the arterial. Director Mulder stated that he would like to look more closely at the collector street standards but felt that Settlemier Avenue may need some improvement upgrades over the next 20 years, however, those upgrades might not be to the same standard as a newly developed minor arterial. Administrator Brown stated that his reading of the draft document was that new developments would be required to construct the full city standard approved for sidewalks on both sides of the streets whereas the older already developed areas of the City might have a type of program that provides for a one-side only sidewalk where it is Page 4 - Council Work Session Minutes, June 7, 2004 14 COUNCIL WORK SESSION MINUTES JUNE 7, 2004 TAPE READiNG intended that the sidewalk would connect to a greenway development for creation of pedestrian / bicycle corridors. He would like to see some flexibility in that area so that the Council can determine, with the neighborhoods, the location of these one-side only sidewalks and when the improvement is accomplished. Side B Keith Woolen, 950 Cascade Dr., stated that the draft plan does include some of the concepts that he has been advocating for over the last several years. 3.2 Director Mulder stated that the next step in this process is to review the comments from this work session and revise the draft document to address the concerns expressed by the Council and Planning Commission. It was the consensus of the group to hold another joint workshop before the plan is submitted to the Planning Commission for a public heating. Councilor Bjelland suggested that information be provided on streets under consideration within this plan that would include existing right-of-way and the incrementals needed to bring them up to city standards so that the Council and Commission can see how difficult it might be to meet the proposed standards. 15.3 The work session concluded at 8:13 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 5 - Council Work Session Minutes, June 7, 2004 8C WOODBURN PLANNING COMMISSION June 10, 2004 CONVENED The Planning Commission mat in a regular session at 7:00 p.m. in City Hall Council Chambers with Vice Chairperson Young presiding. ROLL CALL Chairperson Lima A Vice Chairperson Young P Commissioner Vancil P Commissioner Grigorieff P Commissioner Knolas P Commissioner Bandelow P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdllng, Senior Planner Jason Richling, Associate Planner Vice Chairperson Youno chaired the meeting in the absence of Chairperson Lima. He provided an opening statement for Public Hearing. MINUTES A.~. Woodburn Planning Commission Minutes of May 27. 2004 Commissioner Knoles moved to accept the minutes as written. Motion was seconded by Commissioner Vanci!, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A.~. Woodburn City Council Minutes of May 10. 2004 PUBLIC HEARING A.~. Subdivision 04-01, Variance 04-01, Variance 04-07 and ExceptiOn 04-01: a reouest to subdivide a 4.6 acre parcel into 17 single family dwalllne lots and common soace ooen soaco lot: Variance approval to have the proposed lot #16 to have the front urooertv line oriented toward the private access easement Instead of Cooley Rd.: Variance ao~roval to the minimum lot depth requirement of 100 ft. on the pronoaed lot #9 and Exceotlon to Street Rloht-of-Wav and Improvement Requlrementa approval to allow for the sidewalks on the east side of Cooley Rd. not to be constructed for eublect orooertv located at the West and North of Tax Lot 4400 and 4500 at the NW quadrant of Hardcastle Avenue at Cooley Rd.. Saoe SG. Inc.. ao,qlcont. (Continued from the May 27, 2004 Plannino Commission meeting to the June 10. 2004 Plannln= Commission mestino. I EX-PARTE CONTACTS Commissioner Griuorieff reported she is friends with a few members of the church. She stated that would not influence her decision at all. Commissioner Bandelow and Commissioner Knoles mentioned they drove by the property. Commissioner Vancil also stated he was familiar with the property. TESTIMONY BY THE APPLICANT Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Approval of the application was recommended by Staff based on the conditions of approval listed in the Staff Planning Commission Meeting - June 10, 2004 Page 1 of 9 16 Report. Commissioner Vancil inquired whether part of the parcel that is up against Hardcastle Ave. will basically be the backs of homes? Staff replied they will not back up on Hardcastle Ave. She indicated the applicant is proposing that Lots #1, #2 and #3 access Hardcastle Ave. Moreover, the applicant has several lots which will access Cooley Rd. and the corner lot, along with the remainder of the lots around the cul-de-sac, will access on the cul-de-sac street. Vice Chairoerson Youn~ inquired whether the sidewalk on the East side of Cooley Rd. is actually on the City of Woodburn side, County side or past where the sidewalk would be? Staff referred to the map and pointed out the map showed Cooley Rd. within our Urban Growth Boundary but to the East of that is located in the County. She explained what happened in that situation was that our Public Works Department provided comments and referrals were also sent to Marion County so they could jointly review the project and figure out which requirements to use on the street. Staff further stated it sounded like Marion County was going to basically follow the City of Woodburn's standards in regards to the street improvement. There may be some issues about who's jurisdiction the access permit falls under however, it is something that will be coordinated when the access permits are in place. TESTIMONY BY THE APPLICANT Carl Berkey, Multi-Tech En.qineerinq, 1155 13= St. SE. Salem. OR 97302 concurred with the Staff Report. Commissioner Vancil asked if the applicant plans on developing the property or sell the lots? Carl Berke¥ responded it was his understanding that they will develop the lots and then sell them. TESTIMONY BY PROPONENTS Dave Fischer, 160 HeritaRe Ct., Woodburn. OR 97071-3718 informed the Commission his neighborhood does not have a homeowner's association but all the neighbors invest a lot of time and effort to keep the street looking nice, clean and safe. They assume the plans being made for this new subdivision will provide the same standards. Mr. Fischer further commented he would not have an objection to the proposal if these were regular standard built homes and not manufactured homes. TESTIMONY BY OPPONENTS None DISCUSSION Vice Chairperson Youna closed the public hearing and opened for Commission discussion. Commissioner Knoles thought the plans and presentation were well put together and saw no objections to the project. Commissioner Bandelow agreed with Commissioner Knoles and added it is difficult to put together a plat of lots when there is a chunk of it cut out. However, she was pleased to see the development laid out the way it was and even though we really do not like to do great numbers of variances all the time, she felt these are minor considerations in order to be able to get the project through. She favored the project. Commissioner Vancil also thought it was a well laid out plan. He addressed Mr. Fischer's comments and stated it was his understanding that the law limits us as a government and we would not be able to preclude manufactured homes from going into that area. Staff remarked the City cannot discriminate against manufactured homes on subdivision lots. However, if the development creates a homeowner's association, they can create CC&R's that can preclude manufactured homes but the City cannot require or enforce that. The City does have design standards that apply to Planning Commission Meeting - June 10, 2004 Page 2 of 9 Staff remarked the City cannot discriminate against manufactured homes on subdivision lots. However, if the development creates a homeowner's association, they can create CC&R's that can preclude manufactured homes but the City cannot require or enfome that. The City does have design standards that apply to manufactured homes but they are also limited by State Statute. Vice Chairperson Youn.q said variances are always double checked to ensure what is trying to be accomplished with the variance. He commented he did not have a problem with the sidewalk variance outside the UGB in Marion County. The land would probably be better utilized for farm use by not having a sidewalk. Vice Chairperson Young stated it is important to keep focused on the density goals that have been established by the State. He thought they did a good job in creating a way to access ail of the different lots. In closing, he said he would favor the project. Commissioner Bandelow made a motion to approve Subdivision 04-01, Variance 04-01, Variance 04-07 and Exception 04-01 and instructed Staff return with facts and findings to support the decision at the next meeting. Commissioner Knoles seconded the motion. Motion carried unanimously. B_~. Daalqn Review 0401, Conditional Use 04-01 and Variance 04-05: reoueat to construct a 2.400 sq. ft. building expansion of Clwest Communications Woodbum Central Office Swltchlna Facility located at 2401 N. Boonee Ferry Rd., Chris Neetlerode, applicant. (Continued from the May 27, 2004 Planning Commission mcetlnq to the June 10. 2004 Plannlno Commission meetln;.) EX-PARTE CONTACTS Vice Chairperson Youne stated the Commissioners were all familiar with the site location. Staff read the applicable ORS Statement. A presentation was also provided by Staff as reflected in the Staff Report. Staff recommended approval of the application subject to the conditions of approval that were listed in the Staff Report. Commissioner Bandelow wanted to be sure the applicant would still meet the minimum requirement for that building even with the configuration from 19 parking spaces to 6 spaces with the loading zone. Staff reassured Commissioner Band~low they would meet the minimum requirement. TESTIMONY BY THE APPLICANT Chris Nestlerode, MCA Architects, 30 NW First St., Portland, OR 97209 stated he worked with Staff on this project in trying to come up with a workable plan per the development code and agreed with the Staff Report. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Vice Chairoerson Youn(~ closed the public hearing and opened for discussion among the Commission. He made reference to the schedule for deferring the connection of street improvements to tie into with the balance of Country Club Rd. He pointed out it seemed it would be a good opportunity to have those completed at this time since Boones Ferry Rd. was just completed and that way everything would look like it flowed together. It was further indicated by Vice Chairperson Young it will not look as good by the time they get to it five years from now. Commissioner Bandelow thought there was scheduling already in place for that. Planning Commission Meeting - June I0, 2004 Page 3 of lO 18 Vice Chairperson Youn.q thought it would be a good time to improve that whole area. Staff said the applicant would pay the full cost across the full width of their frontage if they improve it now as part of their development. However, the cost would be spread out amongst all those that potentially benefit from the improvement if improved as part of an LID. Randy Rohman, Public Works Department interjected there has been some preliminary work done on benefitted properties. At this time, he thought the Senior Estates was not included in the benefitted properties. He reiterated they are just in the preliminary stages in deciding what the benefitted properties are. Mr. Rohman pointed out he is not working on that project but he recalled there was some discussion as to whether Senior Estates would be included or not. Commissioner Bandelow stated that discussion also came up with the Boones Ferry Improvement District because the properties in Tukwila shared in Boones Ferry and yet Senior Estates did not. She remarked if a car count were done and checked where they came from, she would bet the biggest impact would be coming from Senior Estates as opposed to the ones coming from the Tukwila area. Commissioner Knoles concurred with Commissioner Bandelow. Randy Rohman said that is one of the areas that has not been finalized yet in the engineering report. Commissioner Vancil asked Mr. Rohman whether he had a sense of the timing on the LID if the Commission were to grant the variance. Randy Rohman replied what they are probably looking at for the LID is engineer's report and going through the process later this summer and through the winter with the anticipated construction time of probably next summer based on the premise that the LID will be improved. Moreover, it may not come to fruition if a specified amount of property owners of the benefitted area do not want the improvements or remonstrate against it. Mr. Rohman mentioned it has been something that has occured in the past and it is always something they have to take a look at in any LID process and it is not something that is guaranteed to be approved. Vice Chairperson Youna clarified for the record that Mr, Rohman was testifying on behalf of the City of Woodburn Public Works Department and not as an opponent or proponent. Commissioners further deliberated the points of discussion as to their desires to see the completion of the intersection, It was decided to address the requests separately rather than group them together and move on to discuss the other requests and then come back to the variance. Commissioner Vancil remarked he had no issues with the Conditional Use. Vice Chaireerson Youno referred to the Design Review and indicated the project will be consistent with what is already there. He returned to Variance 04-05 and asked if Staff would be able to formulate facts and findings if the Commission were to choose to make a change regarding the five year time frame? Staff explained the Commission would simply deny the Variance if they are to shorten or eliminate the time period. He indicated this would modify condition of approval item #11 which refers to the Variance and condition of approval item #'16 that discusses the bonding and remonstrance form for the deferral which would then be changed to state "street improvements on Country Club Rd. are required prior to occupancy". Commissioner Bandetow made a motion to approve Conditional Use 04-01, Design Review 04-01 and deny Variance 04-05 and revise the conditions of approval to eliminate Condition Item #11 and rewrite Conditional Item #'16 and requested Staff return with facts and findings to support that decision at the next meeting. Commissioner Knoles seconded the motion, which carried unanimously. Planning Commission Meeting - June 10, 2004 Page 4 of 9 19 Deslan Review 04-02. a reaueat to construct a 2,000 sq. ft. commercial building at 1700 Mt. Hood Ave., TriDlett-Wellman. aD=llcant. EX-PARTE CONTACTS Commissioners reported they were all familiar with the site. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the project subject to the conditions of approval listed in the Staff Report. Vice Chairperson Youn.q questioned whether we were looking at the site as one parcel with that much parking for the square footage of the buildings together? Staff replied affirmatively. She explained Staff tallied the parking requirement for the Oil Can Henry's facility and the parking requirement for the new office use and they calculated the total required number of parking spaces for both and made sure the correct amount of parking was on the site. Additionally, the applicant has met the Building Code in regards to the disabled parking. Staff also indicated provisions have been made that the applicant provide Staff with reciprocal parking and access agreement between the two parcels to count for any changes of the parking and will ensure it is shared and used by both parcels. Vice Chaircerson Younq referred to Staff's comments on page 10 of the Staff Report and inquired whether the reciprocal access easement has been recorded With Marion County but it is not in the posession of the City of Woodburn? Staff explained there were easement and access agreements recorded between parcels #1 and #2 and there is also a recorded easement for those two parcels onto Bi-Mart's property. She further reported Staff wanted to ensure that the applicant provide Staffwith a copy of the easement agreements for Staff review and ensure the changes on the site are covered by those easement agreements. TESTIMONY BY THE APPLICANT Bob Enole. Webstar. 610 Glatt Circle, Woodburn, OR 97071 reported he represented the property owner, Webstar. He stated they were in full accord of the conditions listed in the Staff Report. Along with Mr. Engle were Martin Matascan, RSS Architecture, Michael and Margaret Sowa, operators and owners of a PostNet business to be located on this site. TESTIMONY BY PROPONENTS Michael Sowa. 865 Gatch St.. Woodburn, OR 97071 explained the PostNet franchise is a combination of United Parcel Service (UPS), Federal Express (FedEx) and United States Postal Service (USPS) facility along with some very sophisticated digital copy equipment. He stated they will be able to offer private mailboxes, notary public services and availability of a small amount of office supplies. Mr. Sowa further commented PostNet is a 12 year old franchise based out of Las Vegas, Nevada. They have 490 stores in the United States, nine of which are in Oregon and about 13 in the State of Washington with the rest scattered across the country with the majority in California and Nevada. Additionally, they have over 520 stores in various countries across the world. Mr. Sowa further reported the stores are privately owned by two gentlemen that are very active in the business and the entire organization, including the foreign stores, are run out of the Las Vegas office with less than 25 people. He described the businesses as extremely well run and taken care of. Mr. Sowa also mentioned he has been in Weedburn for over 64 years and his grandfather started as a wagon making and blacksmith shop in Woodburn in 1898. He said his children have been raised in Woodburn and it is their wish to be of service to the company and provide something that currently is not available in the community. Mr. Sowa indicated they have an agreement with the property owner, Webstar pending the outcome of the hearing and are looking fonNard to getting started as soon as possible. He hoped to be in business by the end of August beginning of September. Staffing would initially include him and his wife and a part-time person and by Christmas they hope to have two full time and one part-time person besides themselves. Mr. Sowa closed by thanking the Commission for the opportunity to speak. Commissioner Bandelow asked Mr. Sowa what would his normal hours of operation be? Planning Commission Meeting - June I0, 2004 Page 5 of 9 20 Michael Sowa responded they will be open six days a weeks from 8:30 am to 6 pm to start with and 9 am to 5 pm on Saturdays. However, that all depends on what the economy and market presents. Initially, they will start out with 160 post office boxes for rent and pointed out part of their service will be to notify the box holder when they receive mail and will also allow for delivery of courier packages to their boxes. Mr. Sowa reported UPS, FedEx and USPS on the average run about 50-55% of the gross business. TESTIMONY BY OPPONENTS None DISCUSSION The public hearing was closed by Vice Chairperson Youn.q and Commission discussion was opened. Commissioner Vancil commented it looked like a great proposal and a good use for that property. He stated he supported the proposal. Commissioner Bandelow, Commissioner Grieorieff. Commissioner Knoles agreed it was a good proposal and good use of the property. They all indicated they supported the application. Vice Chairperson Youno appreciated the color and textures of the exterior which he felt would really brighten up the area which sometimes can be overlooked and not seen as you drive by. It is a great location and a wonderful addition to the community. He too supported the project. Commissioner Bandelow moved to accept Design Review 04-02 as presented by Staff subject to the conditions of approval. Commissioner Knoles seconded the motion. Motion unanimously carried. D. Planned Unit Development 04-02 and Variance 04-08. reeuast to modify Goose Hollow Planned Unit Develooment to increase lot coveraae for bulldlnae under 14' in heloht to 45% and buildings over 14' in heleht to 40%. DItahneloe Homes. anollcant. EX-PARTE CONTACTS Commissioner Knoles reported he is a neighbor of the Bakers and he speaks with them frequently. However, he had no other interest in their property. Commissioner Bandelow was also familiar with Mr. Baker and his product in her role as a Real Estate Agent but reported Mr. Baker was not a client. She said this would not affect her decision regarding the project. Staff read the applicable ORS Statement; provided a presentation as reflected in the Staff Report and; recommended approval of the applicant's modification of the original PUD application and Variance request subject to the conditions of approval contained in the Staff Report. Vice Chairperson Youno asked Staff if this was just adding another variance to the original order. Staff replied affirmatively. She explained that is why they had the applicant modify the original Planned Unit Development application because this would apply to that original approval. The WDO requires the applicant to apply with the same type of approval that they originally received if they want to modify a particular requirement to the overall development or PUD. Staff further clarified a preliminary plan unit development approval is the process upon which the applicant could make this modification to the original proposal. TESTIMONY BY THE APPLICANT John Baker, Diiahnelos Homes, Inc., 2355 Miller Ct., Woodburn, OR 97071 concurred with the Staff Report and thanked Staff for their time and efforts. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS Planning Commission Meeting - June 10, 2004 Page 6 of 9 21 None DISCUSSION Vice Chairperson Youno closed the public hearing and opened discussion among the Commission. Commissioner Knoles thought the project to be a straightforward variance and was in line with what has been done in the past in that area and saw no reason not to support the project. Commissioner Bandeiow concurred with Commissioner Knoles and added the information in the application regarding the type of homes being built in that area and type of customers coming for those homes are compatible. Additionally, she commented single story homes are important nowadays because it is very difficult to find a home that is of substantial size and certainly a quality home that is not a two-story. This serves a need and the homes built by Mr. Baker are lovely and just enhance the community. Commissioner Bandelow felt the variance made good sense. Commissioner Grioorieff agreed with Commissioner Bandelow. Vice Chaireerson Youn¢~ mentioned the homes to the North are standard and are designed to have small yards with more emphasis on the structure and less emphasis on having to work all weekend taking care of the yard. The Goose Creek area would certainly go along with that and tie in nicely with what is already starting to be established in that area. Even though it is a variance, it did not seem to be problematic and it was more to do with the structure itself and the roof pitch and height. Vice Chairperson Young closed by stating he did not see any problems that could be related to granting a variance for this type of problem. Commissioner Vancil concurred with Vice Chairperson Young and added they are very practical homes and a great addition to the community. Commissioner Bandelow made a motion to grant Variance 04-08 for Planned Unit Development 04-02 subject to the conditions of approval. Motion was seconded by Commissioner Knoles, which carried unanimously. Variance 04-09, a reauest for a variance to tiaa lot driveway access width for property located at 3009 N. Pacific Hwy.. City of Woodburn. aoollcant. EX-PARTE CONTACTS Commissioners were all familiar with the property. Staff read the applicable ORS Statement; provided a presentation as reflected in the Staff Report and; recommended approval of the Conditional Use request based on the information in the report, the information provided by the applicant and the applicable review criteria. Vice Chairperson Youno asked whether it is only a well and not a pump station? Staff replied it is only a well site. TESTIMONY BY THE APPLICANT Randy Rohman, City of Woodburn Public Works Deoartment. 270 Montoomery St., Woodburn, OR 97071 reported when negotiations to purchase the property started, they took a look at the development ordinance and it was decided a 20 ft. access was sufficient however, they missed the paragraph that requires 30 ft. for industrial use and they negotiated the purchase of the 20 foot access easement. The site will house a well that will provide raw watar to the treatment plant currently under construction on National Way. He mentioned the existing City wells are currently visited once each day and the new well houses that are constructed as part of this treatment plant ail have telemetry that will be radioed back to the control center. Mr. Rohman explained they currently visit the well sites to check meter readings and to find out how much water was pumped each day and to monitor the equipment. That will all now be done remotely and the well site will probably be visited once or twice a week just to do a visual check. The 20 ft. is more appropriate for the level of use as the site was previously an industrial plant and the 30 ft. may be reasonable due to a greater volume Planning Commission Meeting - June 10, 2004 Page 7 of 9 22 of trips and larger vehicles visiting the site. Mr. Rohman reiterated they are negotiating the purchase and Patrick Industries felt 20 feet was reasonable, Any more than that was not discussed and Patrick Industries may have some apprehension if we were to go back to ask for another 10 feet. Moreover, it would be an additional $8,000 cost to the City for purchasing that easement. In closing, Mr. Rohman indicated the 20 f. width is reasonable and warrants the variance given the frequency of use and the type of vehicles that will be using the access easement. Commissioner Bandelow questioned whether there will be an actual physical barrier down either side of the site? Randy Rohman responded there will be a fence on one side and the entire access way will be paved. He mentioned Patrick Industries may continue to use their paved area similar to what they are using it today. The access easement is just our right that if there are any problems in the future, we have the right to that 20 ff. of access. Mr. Rohman further commented there will be no gate, barrier or designation that is different than the surrounding area. Patrick Industries keeps their National Way gate locked most times and we will probably continue that policy. Vice Chairoerson Youno indicated although he is aware Patrick Industries secure their facilities, he would like to see some type of barrier from the general public from being able to drive up to the site. Randy Rohman restated Patrick Industries' normal routine is to keep the National Way locked and all of their access comes off Patrick Way which accesses Highway 99E. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Vice Chaireerson Youna closed the public hearing. He opened discussion from the Commission. Commissioner Knoles moved to approve Variance 04-09 subject to the condition of approval. Commissioner Grioorieff seconded the motion. Motion unanimously carried. ITEMS FOR ACTION A.~. Final Order for Conditional Use 04-04, reouest for a conditional use to allow an auto collision repair center at 460 N. Pacific Hwy., Curtis & Judy LIvlnoaton. aonllcant. Commissioner Knoles moved to approve the final order and motion was seconded by Commissioner Bandelow. Motion carried unanimously. DISCUSSION ITEMS Commissioner Vancil commented he appreciated Staffs work as it was certainly a challenging hearing, He added the fact that there were no questions was not that they were not important hearings but rather that the work of Staff was good enough that the Commission's questions were answered in the reports. He complimented Staff for the very well prepared reports. Commissioner Knoles also stated it makes the Staff Reports much easier to understand when they are really good and complete reports, REPORTS A.~. Buildlna Activity for May 2004 B._~. Plannln;I Prelect Trecklnu Sheet (revised 6-1-04) BUSINESS FROM THE COMMISSION Planning Commission Meeting - June 10, 2004 Page 8 of 9 23 Commissioner Vancil announced he will not be attending the June 24th Planning Commission meeting. Commissioner Bandelow was not sure whether she would be able to attend that meeting as well but she indicated she would make every effort to attend. Commissioner Vancil mentioned he noticed there is an additional Planner position in the next fiscal year's budget. He asked Staff whether the reason for the length of time it takes a project to get through was due to staffing or to legal time limits? Staff answered there are many variables that factor into how long an application process takes. He stated there are statutory requirements (120-day rule) and it obviously depends on the type of application. Moreover, he explained some applications take longer, i.e., zone change, because that type of application has to go to City Council for approval. Moreover, there is a minimum 20-day notice requirement for each hearing which is dependent upon Planning Commission and City Council meeting schedules due to the fact that the Commission and City Council only meet twice a month. Staff remarked there are times where there are staffing bottlenecks but in general that is not the issue. He further remarked Planning emphasizes to the applicant up front that it is extremely important that they submit an application that is complete and the code specifies everything they need to submit. The reality is the Planning Division receive very few applications that are deemed complete by Staff when they are first submitted to Planning. He explained the 120-day statutory requirement is 120 days from the day the application is deemed complete. We have 30 days in which to deem the application complete or incomplete once the applicant submits the application. Stafffurther explained a letter of incomplete provides the applicant with comments on building elevations, landscaping, etc. so they could also work those out so that Staff is not trying to work out those type of details at the time they are writing the Staff Report. Commissioner Vancil reported a proposed charter school that is in the final School Board approval state is coming to town and they already have a sign up between Gatch St. and Lincoln St. across the street from the church but he did not see it listed on the Planning Tracking Sheet and school starts in less than 120 days. Staff stated they have not talked to Planning. He indicated a design review application will typically take at least 8-10 weeks in a best case scenario. Commissioner Bandelow questioned Staff if there is a criteria sheet an applicant is handed before they bring in an application explaining what they need to do? Staff replied there is an application packet that lists ali the required submittals for those applications and specifies what they need on the site plan. Commissioner Bandelowcommented during the Joint City Council/Planning Commission Draft Transportation Systems Plan Work Session she was left feeling really depressed because ODOT is predicting ten years for an interchange. ADJOURNMENT Commissioner Knoles moved to adjourn the meeting which was seconded by Commissioner Bandelow. Motion carried. Meeting adjourned at 9:15 p.m. CLAUDIO LIMA, CHAIRPERSON DATE Jim Mulder, Community Development Director City o.f Woodburn, Oregon Date Planning Commission Meeting - June 10, 2004 Page 9 of 9 24 WOODBURN PUBLIC LIBRARY 8D MONTHLY REPORT FOR MAY 2004 I. CIRCULATION Current: 10,934 Adult: 7,608 Children: 3,326 In-House Use: 1,141 II. INTERLIBRARY LOAN Previous: 2003 2002 2001 II1. Books Loaned: 1,074 CCRLS: 1,071 In-State Special: 0 Books Borrowed: 1,030 All Other In-State: 2 Out-Of-State: I CCRLS: 1,026 In-State Special: 0 All Other In-State: 2 Out-Of-State: 2 11,463 10,852 11,948 REFERENCE Woodburn Referrals Other Total 2004 808 29 1,009 1,846 2003 897 26 858 1,781 2002 984 109 1,053 2,146 2001 1,104 119 1,493 2,716 Database Usage: May 784 (not ail data bases included) IV. COMPUTER USAGE Adults: 2,413 Children: 913 Average per open hours: 10.10 Average per open hours: 3.82 LIBRARY SPONSORED PROGRAMS Adults: 2 No, Attending: 54 Children: 45 No. Attending: 979 VOLUNTEER HOURS WORKED New Adds For The Month of May: 555 PATRON LOAN TYPES VI. 180.25 VII. FINANCE 1,662.95 VIII. HOLDINGS 77,936 IX. 17,681 Monthly Statistics: May 2004 :35 WOODBURN POLI E DEPARTMENT 270 Montgomery Street Woodbum, Oregon 97071 Phone: (503) 982-2345 FAX: (503) 982-2370 Russell · Chief of Police Deborah H. Youmans · Deputy Chief Date: To: June 18, 2004 Jeff Hanson, Clow Roofing 434 N. Tillamook Street Portland, OR 97227 RE: Street Closure June 23, 2004 thru July 7, 2004 Under authority granted to the Chief of Police by City Ordinance and ORS 810.030 1 hereby authorize the closure of the 15 feet of bus parking zone and the hourly parking area on Grant St. between the alley and N. Front St. beginning at 7:00 AM on June 23, 2004, and ending at 5:00PM on July 7, 2004 to facilitate the safe removal and application of roofing materials and equipment to the commercial building at 479 N. Front Street, for the purposes of public safety during roofing operations. In order to facilitate the safe and proper closure of the street please contact the Woodburn Street Depmunent for assistance. Per our conversation today please have the property manager contact the building tenants to discuss the need for alternate parking during this time. Sincerely, Scott D. Russell, Chief of Police CC: File City Administrator Patrol Street Department June 22, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Scott D. Russell, Chief af Police~''/ Compliance Agreement for 1024 Young St. Pursuant to Chronic Nuisance Ordinance 2136 RECOMMENDATION: Receive the Report BACKGROUND: Over the last several years the Police Department has responded to numerous calls for service at the residence located at 1024 Young St. These calls for service have included numerous felony level crimes as well as ordinance violations and Ilvability comlSlaints. The occupants and their associates have repeatedly engaged in criminal activity that has impacted public safety and welfare In the neighborhood. On May 28, 2004 officers of the Woodburn Police Department assisted by the Marion County Inter-Agency SWAT team served a warrant on the residence, the second in the last 15 months, and recovered drugs and weapons and made several arrests. Pursuant to Woodburn City Chronic Nuisance Ordinance 2136 I contacted the property owner and gave him notice that he was not in compliance with the ordinance. I then met with the property owner Mr. Donald Equall. DISCUSSION: On June 11, 2004 I met with the property owner and discussed the ongoing criminal conduct at the residence and the neighborhood concerns. I then offered him the opportunity to enter into a voluntary compliance agreement in accordance with Section 6 of City Chronic Nuisance Ordinance 2136. The property owner accepted and agreed to immediately begin action to evict the current tenants, to keep the police chief informed of the progress of the eviction, ta continue to work with the police department to assure compliance with all laws and ordinances at the residence, and to carefully consider the Agenda Item Review: City Administrato~--~' City Attorney ~'~1.0 Finonc~ Honorable Mayor and City Council June 22, 2004 Page 2 future use of the residence as it relates to neighborhood livability. The agreement will be completed on August 5, 2004 or when the current tenants are evicted and no longer reside at the residence. The property owner has indicated that he is contemplating action to remove the residence or at a minimum to assure that criminal conduct does not continue there. The police department will continue to monitor this situation and report back to council once the issue is resolved. FINAN~: None June 23, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Randy Rohman, Public Works Program Manager '/"'~/ Status Report on Construction of Right Turn Lane on Highway 214 for Northbound I-5 Access Staff had previously informed council, in response taa cauncil question, that the bids for the project to add a right turn lane to Highway 214 for northbound I-5 traffic, would be opened on May 27, 2004 by ODOT. The bids were opened as scheduled and ODOT on June 16, 2004 awarded the contract for the work to the Iow responsible bidder, D & D Paving. The amount of the bid for the work was $378,383.65. A pre-construction conference has not been held but it is anticipated that construction should begin between July 15 and August 1,2004. Construction should be completed within 90 days. The Shell station site that was purchased by OD©T has been demolished. The existing commercial driveway accesses on the north side of Highway 214 from the I-5 interchange to Evergreen Avenue will be closed with the construction of the turn lane project. Access to the businesses north of Highway 214 along the right turn lane construction will be provided by an existing access road that connects to Evergreen Avenue. Agenda Item Review: ~ ,/-~/ y~_.~ '~ City Administrat~ City Attorne Finance 9.9 WOODBUI N IOA June 21,2004 TO: FROM: SUBJECT: Mayor and City Council throughzC~,'ty_A_dministrator Ben Gillespie, Finance Direato~ ~ Supplemental Appropriations and Contingency Transfers RECOMMENDATION: Conduct a public hearing and authorize staff to draft an ordinance making supplemental appropriations and contingency transfers. BACKGROUND: General Fund One of the City's leased Police cars was involved in an accident. The car was a total loss. The insurance settlement was sufficient to pay the lease residual to the leasing company and pay $13,200 to the City. The Police Department used that settlement to add a vehicle for the use of the NRT. The additional vehicle cost $14,400; the difference was made up from the Police Supplies budget. The Local Law Enforcement Block Grant was used this year to buy a Police car at the end of its lease. The grant ($8,000) and the purchase have not been budgeted this year. The final piece of the Police Records Management System (RMS) is establishing communications with the patrol cars. This necessitated the installation of a dedicated server to handle secure communications with laptop PC's in the cars. The cost of the server was $6,500, which was funded by savings in the Police operating budget. Library shelving was budgeted and ordered in 2002-03, but the product was not delivered until after June 30, 2003. Consequently it cannot be charged against 2002-03. To accommodate the expense in this year's budget, Library Capital needs to be increased by $5,610, and Contingencies should be reduced. Agenda item Review: City Administrate-_~'°~ City Attorney/~ Financ~ 30 Mayor and City Council June 21,2004 Page 2 · When the Parks Maintenance budget was adopted, management anticipated using only in-house labor. As the year progressed, it became apparent that hiring some labor through temporary agencies would provide needed flexibility and some cost savings. To reflect the change, the budget for Services is increased $65,000 and Salaries and Benefits is reduced a like amount. The net effect of the changes affecting the General Fund will be to decrease Contingencies by $5,610 leaving a balance of $764,492. General ClP Fund The Chemical Separation Building was originally budgeted in 2002-03, but the first round of bids were unacceptably high. The project was successfully re-bid, and the work was completed in 2003-04. To accommodate the delay in construction, expenses in 2003-04 need to be increased by $33,000 and Contingencies should be reduced in the General ClP Fund. Total costs for the Chemical Separation Building will exceed budget by $5,000. The building is complete and the equipment is installed, except for pumps for the ozone generator. Additional budget of $5,000 is needed to complete the pro]ect. Contingencies in the General CIP Fund will provide the necessary funding. The scope of the Police Records Management System was expanded to include one more jurisdiction (Mt Angel) than originally anticipated. This added $4,000 to the cost of the system, which will be recovered from charges to Mt Angel for participating in the system. The initial cost, however, is being funded from Contingencies in the General CIP Fund. ADA improvements to Heritage Park were budgeted in 2002-03, but the project was not completed until after June 30, 2003. Consequently costs cannot be charged against 2002-03. To accommodate the expense in this year's budget, Capital--Parks needs to be increased by $17,000, and Contingencies should be reduced in the General CIP Fund. Based on current bids and engineering estimates, improvements to the Association Building will exceed budget by $7,500. Capital--Buildings should be increased by $7,500 and Contingencies in the General CIP Fund should be decreased the same amount. 81 Mayor and City Council June 21,2004 Page 3 The net effect of the above changes affecting the General CIP Fund will be to decrease Contingencies by $66,500 leaving a balance of $163,571. Other Funds A property owner that had received a Housing Rehab loan defaulted on the mortgage and the Housing Rehab loan. The City bought the interest of the mortgage bank and bid on the property at the Sheriff's sale. The City will resell the property later this year and recoup the amount of the purchase ($73,000) less the amount of the Housing Rehab loan ($18,000). The net amount ($55,000) is funded by a reduction in Contingencies in the Housing Rehab Fund. When actual Beginning Fund Balances were brought forward to the 2003-04 budget, Contingencies in the Special Assessment Fund was inadvertently put in a negative position. To correct this, Capital--Streets and Alleys can be decreased by $75,363, and Contingencies should be increased by that amount. This will adjust Contingencies to zero, and will not affect operations of the fund. Appropriations to pay the State for Woodburn's portion of the interchange improvements reduced Contingencies in the TIF Fund by $2,500,000. A loan to the General CIP Fund for the purchase of the Van Valkenberg property reduced Contingencies by another $370,000. The combination of the two transactions left a negative Contingencies budget in the TIF Fund. To correct this, Capital-- Streets and Alleys can be decreased by $136,736, and Contingencies should be increased by that amount. This will adjust Contingencies to zero, and will not affect operatians of the fund. Construction of the Water Treatment Plant has progressed faster than anticipated. $500,000 of contractor payments that were farecast in 2004-05 will, in fact occur this year. In the Water Construction Fund, Capital--Water Improvements should be increased $500,000 and Contingencies can be reduced the same amount. In the Sewer Fund an easement cleaner was budgeted and ordered in 2002-03, but the piece of equipment was not delivered until after June 30, 2003. Consequently it cannot be charged against 2002-03. To accommodate the expense in this year's budget, Capital--Sewer needs to be increased $20,100 and Contingencies should be reduced. When actual Beginning Fund Balances were brought forward to the 2003-04 budget, Contingencies in the Central Stores Fund was inadvertently put in a Mayor and City Council June 21,2004 Page 4 negative position. To correct this, Other Operating Supplies can be decreased by $4,260, and Contingencies should be increased by that amount. This will adjust Contingencies to zero, and will not affect operations of the fund. When actual Beginning Fund Balances were brought forward to the 2003-04 budget, Contingencies in the Equipment Replacement Fund was inadvertently put in a negative position. To correct this, Capital~Sewer can be decreased by $13,713, and Contingencies should be increased by that amount. This will adjust Contingencies to zero, and will not affect operations of the fund. DI$ClJ$$1ON: The following table is a tabulation of the proposed budget changes by fund: BEGINNING FUND CONTIN- FUND No. BALANCE REVENUE EXPENSES GENCIES General 001 21,200 26,810 (5,610) Housing Rehab 137 55,000 (55,000) GF CIP 358 66,500 (66,500) Sp Assessmt 360 (75,363) 75,363 TIF 376 (136,736) 136,736 Water Constr 466 500,000 (500,000) Sewer 472 20,100 (20,100) Central Stores 580 (4,260) 4,260 Equipment Rep 591 ( 13,713) 13,713 0 21,200 438,338 (417,138) Contingencies in the General Fund are decreased by $5,610. Contingencies decrease by $417,138. Total FINANCIAL IMPACT: Revenue is increased by $21,200, and appropriations are increased by $438,338. Contingencies are decreased $417,138. June 22, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Ben Gillespie, Finance Director Supplemental Approp~tations and Contingency Transfers-- Ordinance RECOMMENDATION: Council adopt the attached ordinance making supplemental appropriations and contingency transfers. BACKGROUND: Earlier this evening the Council conducted a hearing to consider budget amendments resulting from the year-end budget review. The attached ordinance, as amended, reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: The proposed revision increases revenue by $21,200, and increases appropriations by $438,338. Contingencies are decreased $417,138. Agenda Item Review: City Administrator- '-Z~"~~ City Attorney Finance~)~ 34. COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-2004 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodbum Independent on June 23, 2004 as required under State budget law; and WHEREAS, the City Council held a public hearing on June 28, 2004 to give citizens an opportunity to comment on the proposed 2003-2004 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2003-2004 is hereby adopted as set forth below. follows: Section 2. That fiscal year 2003-2004 revenues and appropriations are adjusted as Revenues Appropriations GENERAL FUND: Revenue Adjustments: Insurance Recoveries Federal Grants - Indirect Total General Fund Revenue Adjustments Appropriation Adjustments: Police Department: Materials & Services Capital Outlay Library: Capital Outlay Parks Maintenance: Personnel Services Materials & Services Operating Contingency Total General Fund Appropriation Adjustments $13,200 8.000 $ 21,200 $ (8,300) 29,500 5,610 65,000) 65,000 5,610) 21,200 Page 1 - Council Bill No. Ordinance No. GENERAL FUND CAPITAL IMPROVEMENT FUND: Appropriation Adjustments: Capital Outlay - Admn. Buildings Capital Outlay - Parks Capital Outlay - Parks Buildings Capital Outlay - Computing Operating Contingency HOUSING REHABILITATION FUND: Appropriations Adjustment: Capital Outlay - Other Buildings Operating Contingency SPECIAL ASSESSMENT FUND: Appropriation Adjustment: Capital Outlay Operating Contingency TRAFFIC IMPACT FEE FUND: Appropriation Adjustment: Capital Outlay Operating Contingency WATER CONSTRUCTION FUND: Appropriation Adjustment: Capital Outlay - Imprv. Other than Buildings Operating Contingency SEWER ~/ASTEWATER] FUND: Appropriation Adjustment: Capital Outlay - Sewer Operations Operating Contingency CENTRAL STORES FUND: Appropriation Adjustment: Materials & Services Operating Contingency EQUIPMENT REPLACEMENT FUND: Appropriation Adjustment: Capital Outlay - Sewer Operating Contingency Page 2 - Council Bill No. Ordinance No. Revenues Appropriations $ 7,500 17,000 38,000 4,000 (66,500) $ 55,000 (55,000) $(75,363) 75,363 $(136,736) 136,736 $ 500,000 (500,000) $ 20,100 (20,100) $ (4,260) 4,260 $ (13,713) 13,713 36 Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2003-04 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Termant, Recorder City of Woodburn, Oregon Page 3 - Council Bill No. Ordinance No. WOODBUI N June 22,2004 TO: FROM: SUBJECT: Mayor and City Council through~.4~ Administrator Ben Gillespie, Finance Director,~.~ Adoption of City's 2004-05 Budget RECOMMENDATION: Council adopt the attached ordinance setting the City of Woodburn's budget for 2004-05. BACKGROUND & Discussion: On May 17, 2004 the Budget Committee concluded their hearing on the City's 2004435 budget and unanimously recommended that the budget document be forwarded fo the City Council for the next phase of the budget process. As required by Oregon Budget Law, the City Council conducted a public hearing on June 14, 2004 to consider a City budget totaling $49,975,656. The Council accepted the Budget Committee's recommendation and made five changes: 2003-04 PERS Savings are placed in reserve accounts. The Transit Fund is adjusted to reflect realistic revenue projections. The Sewer Fund Beginning Fund Balance is increased $191,476. The 2nd St/Parking lot project originally budgeted in 2003-04 is carried forward to 2004-05. $600,000 is reserved in the Water Construction Fund for Debt Service. The Council also considered the Budget Committee's recommendation to impose the full property tax rate allowed by law ($6.0534 per $1,000 of value) and fo levy $155,820 for bonded debt, which is excluded from the statutory limitation. The attached ordinance reflects those amounts. Agenda Item Review: City Administrato~"~'~'. City Attorney~ Finance,..~ 38 Mayor and City Council June 22, 2004 Page 2 With these changes the budget as described in the attached ordinance totals $50,151,608. FINANCIAL IMPACT: The attached ordinance is consistent with the budget policies adopted by the Budget Committee in January 2004. COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2004-2005, MAKING APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDMNS AS FOLLOWS: Section 1. That the budget for fiscal year 2004-2005 is hereby adopted as set forth below. Section 2. That taxes provided for in the adopted budget are imposed at the rate of $6.0534 per $1,000 of assessed value for operations and in the amount of $155,820 for bonds; and that these taxes are hereby imposed and categorized for tax year 2004-2005 upon the assessed value of all taxable property within the City. General Government Excluded from the Limitation Tax Rate - General Govt. Operations Bonded Debt $ 6.0534/$1,000 $155,820 Section 3. That the budget amounts for fiscal year 2004-2005, below, are hereby appropriated as follows: GENERAL FUND -- City Council and Mayor $ 28,755 City Administrator's Office 298,583 City Recorder's Office 51,385 City Attorney's Office 176,554 Finance Department 208,831 Municipal Court 88,305 Non-Departmental - Materials & Services 130,865 Interfund Transfer - Transit Fund 21,800 Interfund Transfer -R.S.V.P. 11,762 Interfund Transfer - Street Fund 280,000 Interfund Transfer - Information Services Fund 20,000 Interfund Transfer - Equipment Replacement Fund 10,000 Police Department 3,860,928 Library 983,626 Leisure Services 376,799 Swimming Pool 546,412 Parks Administration 207,120 Planning 438,632 Parks Maintenance 464,198 Operating Contingency 817,563 and for the purposes shown Page 1 TOTAL GENERAL FUND APPROPRIATIONS - COUNCIL BILL NO. ORDINANCE NO. $ 9,022,118 4O GENERAL OPERATING RESERVE FUND --- Operating Contingency $100,000 TOTAL GENERAL OPERATING RESERVE FUND TRANSIT SYSTEM FUND -- City Transit System Dial-a-Ride Program $ 130,859 128,278 TOTAL TRANSIT SYSTEM FUND APPROPRIATIONS BUILDING FUND - Personnel Services Materials & Services Capital Outlay Operating Contingency TOTAL BUILDING FUND APPROPRIATIONS $ 258,205 45,181 32,500 336,954 SEARCH AND SEIZURE FUND -- Materials & Services $ 13,000 TOTAL SEARCH & SEIZURE FUND APPROPRIATIONS STATE REVENUE SHARING FUND Materials & Services Capital Outlay Interfund Transfer - Street Fund Debt Service Operating Contingency 9,000 145,000 20,000 28,285 35,417 TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS HOUSING REHABILITATION FUND -- Personal Services Operating Contingency $ 7,783 721,768 TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS RETIRED SENIOR VOLUNTEER PROGRAM FUND -- Personal Services Materials & Services TOTAL R.S.V.P. FUND APPROPRIATIONS $ 87,979 10,975 I00,000 259,137 672,840 13,000 237,702 729,551 98,954 Page 2 - COUNCIL BILL NO. ORDINANCE NO. 41 CABLE FRANCHISE MANAGEMENT FUND -- Personal Services Materials & Services Operating Contingency 2,283 21,000 1,317 TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS $ 24,600 STREET FUND --- Street Repair & Maintenance Street Cleaning Street Administration Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - Equipment Replacement Fund Operating Contingency 930,562 77,248 103,186 208,000 30,000 98.387 TOTAL STREET FUND APPROPRIATIONS CITY GAS TAX FUND Materials & Services Capital Outlay Operating Contingency $ 7,000 185,000 51,581 TOTAL CITY GAS TAX FUND APPROPRIATIONS BONDED DEBT FUND -- Debt Service - Principal Debt Service - Interest Operating Comingency $ 125,000 46,000 64,000 TOTAL BONDED DEBT FUND APPROPRIATIONS BANCROFT BOND FUND -- Operating Contingency $ 5.000 TOTAL BANCROFT BOND FUND ECONOMIC DEVELOPMENT REVOLVING LOAN FUND --- Materials & Services Capital Outlay Debt Service Operating Contingency $ 20,000 170,000 35,424 104.083 TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS Page 3 - COUNCIL BILL NO. ORDINANCE NO. $ 1,447,383 $ 243,581 $ 235,000 $ 5,000 $ 329,507 42 GENERAL FUND CAPITAL IMPROVEMENT FUND -- Capital Outlay Operating Contingency $ 32,141 188,764 TOTAL GENERAL FUND CAPITAL IMPROVEMENT FUND SPECIAL ASSESSMENT FUND -- Materials & Services Capital Outlay Debt Service 32,000 591,625 537.000 TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS STREET/STORM CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay Operating Contingency $ 73,000 1,352,200 363,250 TOTAL STREET/STORM DRAIN C.I.F. APPROPRIATIONS PARKS CAPITAL IMPROVEMENT FUND -- Materials & Services Operating Contingency $ 15,000 736,000 TOTAL PARKS CAPITAL IMPRV. FUND APPROPRIATIONS TRANSPORTATION IMPACT FEE FUND --- Materials & Services Capital Outlay Operating Contingency $ 300,000 803,600 2,087,355 TOTAL TRANSPORTATION IMPACT FEE FLrND APPROPRIATIONS STORM WATER SYSTEM DEVELOPMENT FUND Materials & Services Capital Outlay Operating Contingency $ 25,000 252,500 332,960 TOTAL STORM WATER SYS DEVLP. FUND APPROPRIATIONS PUBLIC WORKS FACILITY EXPANSION/CONST. FUND -- Capital Outlay $ 46,994 TOTAL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS $ 220,905 $1,160,625 $1,788,450 $ 751,000 $ 3,190,955 $ 610,460 $ 46,994 Page 4 - COUNCIL BILL NO. ORDINANCE NO. 43 SEWER CAPITAL IMPROVEMENT FUND -- Capital Outlay Debt Service Operating Contingency $ 32,000 47,860 88,286 TOTAL SEWER CAPITAL IMPRV FUND APPROPRIATIONS WASTEWATER TREATMENT CONSTRUCTION FUND ~ Design Engineering $ 51,100 Construction Engineering Construction Debt Service Operating Contingency 79,808 753,500 2,380,039 74,588 TOTAL WWPT CONST. FUND APPROPRIATIONS WATER Wl*,1.1 ~/DISTRIB. CONSTRUCTION FUND -- Design Engineering Construction Engineering Construction Debt Service Operating Contingency $ 400,000 62,397 6,435,000 600,000 3,224,332 TOTAL WATER SYSTEM CONST. FUND APPROPRIATIONS WATER FUND --- Water Supply $1,067,246 Meter Reading/Accounting 196,604 Water Administration 56,923 Interfund Transfer - Tech. & Envir. Serv. Fd 298,000 Interfund Transfer - Equipment Replacement Fund 35,000 Operating Contingency 56,153 TOTAL WATER FUND APPROPRIATIONS SEWER FUND - Wastewater Treatment Plant Operations $1,212,749 Wastewater Treatment Maintenance 15,000 POTW Administration 2,500 Sewer Line Maintenance 258,368 Sewer Administration 82,034 Interfund Transfer - Tech. & Envir. Serv. Fd 298,000 Interfund Transfer - Water Fund 70,000 Interfund Transfer - Equipment Replacement Fund 75,000 Operating Contingency 89,771 TOTAL WASTEWATER TREATMENT PLANT FUND APPROPRIATIONS Page 5 - COUNCIL BILL NO. ORDINANCE NO. 168,146 $ 3,339,035 $10,721,729 $1,709,926 $2,103,422 WATER SYSTEM DEVELOPMENT TRUST FUND -- Materials & Services Capital Outlay Operating Contingency $ 13,200 1,353,142 104,900 TOTAL WATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS SEWER SYSTEM DEVELOPMENT TRUST FUND Materials & Services Capital Outlay Operating Contingency $ 15,000 860,000 159,692 TOTAL SEWER SYSTEM DEVELP. TRUST FUND APPROPRIATIONS INFORMATION SERVICES (IS) FUND -- Personal Services Materials & Services Capital Outlay Operating Contingency $ 36,266 125,000 27,000 35,041 TOTAL INFORMATION SERVICES FUND APPROPRIATIONS CENTRAL STORES WORKING CAPITAL FUND -- Materials & Services Operating Contingency $ 15,000 2,000 TOTAL CENTRAL STORES WORKING CAP. FUND APPROPRIATIONS SELF-INSURANCE FUND -- Personal Services Materials & Services Operating Comingency $ 19,708 410,070 191,198 TOTAL SELF-INSURANCE FUND APPROPRIATIONS TECHNICAL & ENVIRONMENTAL SERVICES FUND --- Public Works Administration Engineering Division Central Garage Operating Contingency $175,974 779,163 65,960 50,647 TOTAL TECH. & ENVIRONMENTAL SERV. FUND APPROPRIATIONS $1,471,242 $1,034,692 $ 223,307 $ 17,000 $ 620,976 $ 1,071,744 Page 6 - COUNCIL BILL NO. ORDINANCE NO. BUILDING MAINTENANCE FUND Personal Services Materials & Services Operating Contingency TOTAL BUILDING MAINTENANCE FUND $197,622 276,963 22,209 EQUIPMENT REPLACEMENT FUND -- Water Equipment Replacement - Cap. Outlay $ 116,824 Sewer Equipment Replacement - Cap. Outlay 400,396 Street Equipment Replacement - Cap. Outlay 132,434 Transit Equipment Replacement - Cap. Outlay 55,000 Parks Maintenance Equip. Replacement - Cap. Outlay 30,333 TOTAL EQUIPMENT REPLACEMENT FUND APPROPRIATIONS LIBRARY ENDOWMENT FUND -- Operating Contingency $ 23,000 TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS MUSEUM ENDOWMENT FUND --- Operating Contingency $ 9,700 TOTAL MUSEUM ENDOWMENT FUND APPROPRIATIONS TOTAL APPROPRIATIONS - ALL FUNDS UNAPPROPRIATED REQUIREMENTS: General Fund: Reserve for PERS General Fund Operating Reserve Fund: Unappropriated Balance Transit Fund: Reserve for PERS Building Fund: Reserve for PERS Federal Program Fund: Reserve for PERS Street Fund: Reserve for PERS General Fund Capital Improvement Fund: Fund Balance Reserve - Police Fund Balance Reserve - Building Transportation Impact Fee Fund: Reserve for Future Capacity Storm Water System Development Fund: Reserve for Future Capacity Wastewater Treatment Construction: Reserve for Future Capacity Page 7 - COUNCIL BILL NO. ORDINANCE NO. 203,946 113,000 6,193 7,099 3,567 16,193 10,000 15,000 2,087,354 332,960 1,112,554 $ 496,794 $ 734,987 $ 23,000 $ 9,700 $44,933,462 46 Water System Development Trust Fund: Reserve for Future Capacity 104,900 Sewer System Development Trust Fund: Reserve for DEQ Loan 1,112,554 Water Fund: Reserve for PERS 21,598 Wastewater (Sewer) Fund: Reserve for PERS 33,658 Technical & Environmental Services Fund: Reserve for PERS 31,449 Building Maintenance Fund: Reserve for PERS 6,121 TOTAL UNAPPROPRIATED REQUIREMENTS -- ALL FUNDS $ 5,218,146 TOTAL 2004-2005 CITY BUDGET $50,151,608 Section 4. That the City Recorder shall certify the tax rate and tax levy to the County Clerk and County Assessor of Marion County, Oregon, made thereby and shall file with the Depa~hnent of Revenue and the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in accordance with the provisions of the Local Budget Laws of the State of oregon. Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a budget for fiscal year 2004-2005 needs to be adopted by July 1, 2004 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Teunant, Recorder City of Woodburn, Oregon Page 8 - COLrNCIL BILL NO. ORDINANCE NO. 47 June 22, 2004 TO: FROM: Mayor and City Council through City Administrator Randy Scott, Senior Engineering Technician through the Publi~ '~' Works Director SUBJECT: Easement Vacation, Goose Hollow Subdivision RECOMMENDATION: Adopt the attached Ordinance vacating a portion the existing 20-toot wide public utility easement within the Goose Hollow at Tukwila Phase One Subdivision. BACKGROUND: The Council, at it's June 14, 2004 regular scheduled meeting, held a public headng on the question whether the outside 10-foot 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 should be vacated. At the conclusion of the headng, Council directed staff to prepare an Ordinance vacating the easement in question. As directed, attached is the Ordinance. DISCUSSION: None FINANCIAL IMPACT: The Street Vacation Fee collected from the petitioner will fund the recording cost. Attached: Ordinance Agenda Item Review: Administrat~~-/ City City Attorney ~ FJnance~ 48 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE VACATING A CERTAIN PORTION OF AN EXISTING 20-FOOT UTILITY EASEMENT WITHIN THE GOOSE HOLLOW PHASE ONE SUBDIVISION AND DECLARING AN EMERGENCY. WHEREAS, the City Council initiated the vacation proceedings on May 24, 2004; and WHEREAS, Resolution No. 1756 fixed the time, place a date ora public hearing to hear the question on whether that certain portion of an existing 20 foot utility easement within the Goose Hollow Phase One Subdivision descn~0ed herein should be vacated; and WHEREAS, on June 14, 2004 a public hearing was held and the question was heard; and WHEREAS, the City Council has considered the public testimony, the staffreports, the need for the proposed easement vacation, and the public interest herein, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The tract of real property subject to the street vacation is legally descn~oed as follows: The outside 10 foot width of the existing 20 foot wide public utility easement adjacent to Hazelnut Drive, within the Goose Hollow at Tukwila Phase One Subdivision, a Replat, as recorded in Marion County Book of Town Plats, Volume 45, Page 33. Being located in the Northeast tA, Section 7, Township 5 South, Range I West, of the Willamette Meridian, City of Woodburn, Marion County, Oregon. The outside 10 feet being that portion oftbe easement furthest away from the public right-of-way. A 10-foot wide easement shall remain adjacent to the intersecting right of way radius with thc Meridian Drive and Meridian Court. A diagram of said tract is attached to this ordinance as Exhibit A and, by this reference, is incorporated herein. Section 2. The Council finds the question on whether that outside 10-foot portion of an existing 20 foot utility easement within the Goose Hollow Phase One Subdivision conforms to the requirements of ORS 271.130. No oral objections were made at the public hearing and no written objections have been filed with city for the vacation of the utility easement legally described in Section 1. Section 3. The Council finds that the portion of the utility easement described in Section 1 should be vacated. Section 4. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. Section 5. This ordinance being necessary for the mediate preservation of the public peace, health and safety, an emergency is declared exist and this ordinance shall take effect htanediately upon passage by the City Council and approval by the Mayor. Approved as to form: City Attorney Date: APPROVED: Katlmyn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by tho Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 2 - Council Bill No. Resolution No. 5O EXHIBIT "A" GOOSE HOLLOW AT TUKWILA PHASE I SUBDIVISION FOOT WIDE PORTION OF EXISTING 20 FOOT WIDE PUBLIC UTILITY EASEMENT TO BE VACATED OUTSIDE BOUNDARY OF GOOSE HOLLOW SUBDIVISION 1,3 14- 10 9 11 8 12 16 18 ~, 6 5 4 3 17 19 --.. j 22 20 21 .51 WOODBUaN June 21,2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Mary Tennant, City Recorder /'/'~'~ State Revenue Sharing Funds for Fiscal Year 2004-05 RECOMMENDATION: Council adopt the attached resolution declaring City's election to receive State Revenue Sharing funds in fiscal year 2004-05. BACKGROUND: Annually the City is required under State Statute to adopt a resolution declaring the City's election to receive State Revenue Sharing funds. This resolution must be filed with the State Dept. of Administrative Services before July 31, 2004 in order to receive the funds allocated by the legislature during fiscal year 2004-05. DISCUSSION: In order to receive State Revenue Sharing funds, the statute requires the City to hold public hearings before the Budget Committee and the City Council for the purpose of giving the public an opportunity to comment on proposed uses of the funds. The hearing before the Budget Committee was held on May 15, 2004 and the hearing before the City Council was held on June 14, 2004. FINANCIAL IMPACT: During fiscal year 2004-05, the City anticipates receiving $145,000 in State Revenue Sharing funds. Agenda Item Review: City Administrator. r.r.r.r.r.r.r.r.r~~' City Attorney Financ~z~ 52 COUNCIL BILL NO. RESOLUTION NO. AN RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 2004-05. Whereas, ORS 221.770 requires cities to pass a resolution annually declaring their election to receive state revenue sharing, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 2004-2005. Approved as to Form. City Attorney Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. WOODBURN 11E June 24, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Mary Tennant, City Recorder Liability, Auto, Property, and Workers' Compensation Insurance for Fiscal Year 2004-05 RECOMMENDATION: It is recommended that the Council authorize the City Administrator to execute liability, auto, property, and worl(ers' compensation insurance contracts with City County Insurance Services (CIS) for fiscal year 2004-05. BACKGROUND: Annually, the City's Agent of Record, Huggins Insurance Services, solicits quotes from potential insurance companies to insure competitive pricing on the City's liability, auto, property, and workers' compensation insurance needs. DISCUSSION: Public entity liability insurance continues to be a difficult marl(et in which there are only two primary carriers offering insurance programs. Our Agent of Record sent proposal information to C15 and to Argonaut insurance who are the current insurance companies in Oregon writing public entity liability insurance. Argonaut insurance has only been writing insurance in Oregon for one year and they were reluctant to submit a proposal unless all lines of coverage were written with them. In addition, there were coverage differences, such as lower limits on supplementary coverages that are important to public entities. Our Agent of Record was also concerned about Argonaut being able to adequately service the City since they had recently experienced a number of personnel lay-offs within their organization. As a result, CtS was the only company submitting a proposal for fiscal year 2004- 05. Attached is a letter from our Agent of Record outlining the coverage levels and premium increases within their proposal. The proposal was based on asset values as of May 2004 and additional premiums will be assessed during the year Agenda Item Review: City Administratc~,-~r ~ City Attorney ~ Financ 54 Mayor and City Council June 24, 2004 Page 2 as new property and buildings, such as the water treatment plant, are acquired by the City. In regards to Workers' Compensation coverage, the City was provided with options for a guaranteed cost plan, a deductible plan, and a retrospective plan. Currently the City is under a guaranteed cost plan but the deductible and retrospective plans proposals could provide the City with some substantial premium savings if losses are below $50,000. Staff has requested some additional information from aur Agent and CIS in order to further analyze the options before a plan is selected. FINANCIAL IMPACT: For fiscal year 2004-05, the estimated premium for liability, auto, and property insurance is $205,030.80 which is a 4% increase over the proposal for 2003-04. In comparing the guaranteed cost plan for workers' compensation insurance increase, the increase is approximately 20.7% due to an increase in the City's experience modificatian rate and authorized staff additians within the Police Department and Public Works. June 24, 2004 City of Woodburn Attn: Mary Tennant Woodburn, Oregon RE: Renewal of Insurance 07/01/04 to 07/01/05 Dear Mary, Here are the figures for renewing the City of Woodburn's liability, autO, property and workers compensation coverages. The liability premium is up from last year, for several reasons: 1)general and auto liability claims activity increased last year; 2)payrolls have increased in several classifications where payroll is used for rating; 3)a few more autos are on the schedule compared to last year. The auto physical damage premiums are up slightly, primarily due to the increase in auto count. The rates themselves have remained stable from last year. The premium for property coverages is actually down, if you compare the actual blanket rate from last year. Last year's total insured property values were $37,209,552. This year the total is $38,662,354, with CClS increasing building and contents values several percentage points, for inflation guard. The difference in values between the two years is $1,452,802. The 2003/04 blanket rate was $.144 per $100 of property values. The 2004/05 rate is $.143 per $100 of property values. The boiler and machinery premium is up slightly, only due to the increase in the overall values of your insured properties. After comparing the 03/04 bottom line premium to this year's renewal, your overall premium increase is $7,845.08, which is about a 4% increase in last year's premium. 1786 State St. P,O. Box 270 · Solem, Oregon 97..t08 * (503) 585-2211 FAX (503) 399-4658 City of Woodbum Mary Tennant Page 2 As we discussed on the phone, the workers compensation did not fare as well as the property and liability renewal premiums. Your workers compensation premium is up primarily for two reasons: 1. increased payrolls 2. increased experience modification factor (from .99 to 1.05) Some of the classifications did experience a slight increase in the factor, however, some of the classifications also went down. I am including a comparison worksheet which will help to show you where the differences are from last year to this year. CClS also quoted a retro and deductible plan, which I am also including. If you interested in exploring those options, let me know. I also received an optional quote from Saif. Their quote is approximately $570 lower than CClS, however Saif's quote does not include increased limits for the Employer's Liability coverage. CClS provides $3,000,000 Employer's Liability in their workers compensation coverage. This is the coverage part of a work comp policy that protects the City in the event of a claim or lawsuit arising out of an injury to an employee. Although the employee is prohibited by law from bringing a suit against the City, a third party could, and this is the coverage that addresses that exposure. Saif quoted the statutory limit of $500,000. I am happy to answer any questions you may have about this year's renewal quotes. Thank you for allowing us to present these insurance proposals to the City of Woodburn. Insurance Proposal For City ofWoodburn 07/01/04 to 07/01/05 Prepared by: Chas. B. Huggins Huggins Insurance Agency 1786 State Street Salem, Oregon 97302 June 24, 2004 786 State St. P,O. Box 270 · ~aler'n, oregon 97308 · (503) 585-22~ 1 FAX (503) 399-4658 City of Woodburn Insurance Proposal 07/01/04 to 07101105 City/County Insurance Services ~Liability & Auto3. General, Auto, Errors & Omissions Liability: (including Employment Related Practices Liability) Auto Physical Dm'nage: $5,000,000 Single Limit Bodily Injmw & Property Damage Single Limit $100 Deductible Comprehensive $500 Deductible Collision (Per Schedule of Vehicles On File) Property: ~31anket Property Limit: Equipment: Earthquake: Flood: $36,700,817 Buildings, Contents Computers $ 1,961,537 $5,000,000 $5,000,000 Crime: Boiler & Machinery: (Hm-tford Stem'n Boiler) $ 50,000 $Included in Limit Above Deductibles: Properly: Boiler & Machinery: Earthquake/Flood: $ 1,000 $ 1,000 2% of Combined Value of Damaged Property; Subject to $5,000 Minimum/S50,000 Maximum Note: Flood coverage in any A or V Zone will be excess of the maximum limit available through the National Flood Insurance Program (NFIP), and if not eligible · ' 1 This is only applicable to properties in for NFIP, a $500,000 deductible wfl apply. Flood Zones A or V. Premium Summary General/Auto Liability: Auto Physical Damage: Property: Boiler & Machinery: Less: Multi-Line Discount: TOTAL ANNUAL PREMIUM: $134,332.56 $ 16,985.02 $ 55,145.02 $ 3,156.27 ($ 4,588.07) $ 205,030.80 6O ~-~ ~uarantaecl Gost Plan for City of Woodburn Payroll Display and Contribution Estimate Class Code 5506 7382 7520 7580 7720 8380 8742 8810 8810V 882O 8831 9015 9102 9102V 9402 9410 Deaerlpflon Street/Road Maintenance Transit Water Sewer Law Enforcement Garage/Shop Public Relations/Field Reps/Collectom/Messengers Clerical Volunteer Clerical/Library/911 Opemtom Attorneys/Judges/Be?frs Animal Control/Dog ~atchers Building Maintenance & Lifeguards Parks Maintenance Volunteer Par~s/Summer Rec/Tasn Center Street/Sewer Cleaning & Snow Removal Municipid/County Employees Nec Payroll $222,44~ $80,534 $458,187 $455,537 $1,701,889 $35,745 $138,051 $1,878,593 $8,46O $125,746 $114,234 $346,899 $478,003 $7,500 $120,810 $745,378 Rate 6.05 4.40 3.74 2.39 4.29 3.49 0.32 0.21 0.21 0.25 1.48 3.57 3.89 3.89 6.69 1.29 Ectimated Manual Contribution Increased LimEs Factor x Experience Rating Modification Factor x Estimated Standard Contribution = Transition Adjustment x Estimated Adjusted Contribution State Assessment (7.2%) ~ Multi-Line Credit Directly Written Account Credit Estimated Annual Contribution = Contribution $13,457.92 $3,543.50 $17,136.19 $10,887.33 $73,011.04 $1,2~7.50 $441.76 $3,945.05 $17.77 $314.37 $1,690.66 $12,384.29 $18,594.32 $291.75 $8,082.19 $9,615.35 $174,660.99 1.03 1.05 $188,895.86 0.93 $175,673.15 $12,648.47 $3,513.46 $4,563.46 $180,244.70 61 11F June 23, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator ~'~ ~'(~, Randy Scott, Senior Engineering Technician, through the Public Works Director Conh'act Award For Street Resurfacing Improvements RECOMMENDATION: Award the construction contract to the lowest responsible bidder, Parker Northwest Paving Co. for resurfacing Improvements to vadous streets in the amount of $ 224,432.09. BACKGROUND: The contract is in conjunction with Project No. 2004-002-22, Bid No. 2004-08 for resurfacing of Umpqua Road, Umpqua Court, Stanfield Road, Randolph Road, Sallal Road and Saltal Court and the repair of Corby Street. The project consists of surface repairs for areas of failure and placement of either a 1" or 1 72" asphaltic concrete wearing surface. Staff received a total of 6 qualified bids as listed below 1. Parker Northwest $224,432.09 2. North Santiam Paving $278,122.65 3. D & D Paving $284,667.17 4. Eagle Eisner $292,427.30 5. Morse Bros. $303,104.95 6. Salem Road & Driveway $335,814.12 Engineers Estimate $256,746 The Iow bidder is 13% below the engineers estimate, therefore staff is recommending the contract be awarded. Agenda item Review: City Administrator~-~/~'~'~ City Attomey//-~/J Finance ~//~)) 62 Mayor and City Council June 23, 2004 Page 2 DISCUSSION: None FIN.~,N Cl,~l. II~PACl': The project will be funded using approved resurfacinglmaintenance budgeted funds 110 June 23, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator David Torgeson, P.E., Assistant City Engineer FY 2006-07 Pedestrian or Bicycle Improvement Grant (ODOT) RECOMMENDATION: It is recommended the City Council: (1) approve an application for an ODOT Pedestrian and Bicycle Improvement grant in the amount of $480,500; and (2) authorize staff to submit the application to the Oregon Department of Transportation. BACKGROUND: City of Woodburn, Woodburn School District, and ODOT have cooperatively undertaken construction of sidewalk impravements in Highway 214. Ground breaking of the current project occurred June 16. This grant application will provide for an additional connection between the High School Driveway and a point on Front Street, north of the Highway overpass. These elements were included in the scope af the current project, but were eliminated in January 2004, in order to meet ODOT budget constraints. DISCUSSION: The 2006-07 Grant program is competitive. Maximum grants of $500,000 are deemed possible, according to the program announcements. Applications must receive review and endorsement by ODOT before July 30, 2004. Woodburn School District and Salud Medical Center will support the City's application. Local match of grant monies will enhance the scoring of the application. The application indicates a local match of approximately 5% of the total project cost. Agenda Item Review: City Attorney,~_.~ 64- Honorable Mayor and City Council June 23, 2004 Page 2 The request for Council action, in this instance, is somewhat unusual, since Start usually submits applications for grants and later obtain consent from Council to grant terms. In this particular case, ODOT requires, in the application, endorsement by elected officials. FINANCIAL IMPACT: Project estimates for the grant project are slightly more than $505,000 (including design and construction engineering). Expenditures can be deferred until FY 2005-2006. The Director of Public Works indicates that matching funds, in the amount of $25,000 can be made available through normal budgeting processes during that period. No work, (other than engineering design) is planned or budgeted for FY 2004-2005. Attachment: Grant Application and Endorsement Page (9 pages including attachments) APPLICATION FOR ODOT PEDESTRIAN OR BICYCLE IMPROVEMENT GRANTS FY 2006-2007 Applicant Information: On3anization Name: [ City of Woodburn I Date:[June21'2004 I David N. Torgeson, P.E. - Assistant City Engineer Contact Person Name and Address: 190 Garfield Street Woodburn, OR 97071 Email: [David. Torgeson~ci.woodbum.or.us ODOTRegion:2~ Dislrkrl:~--~ Phone: 503/982-5241 1. Type of project: Sidewal(sX BikeLaneS~ipingr'-[ Shouldar Widening [--] Stmetscape[-] IntemectJ(m Impmvemeat [] Pedestrian Crossing Improvement X Olher [] Revise Islands and pedestrian crossings at termination points of Front Street Ramp. (At Highway I 214 and at Front Street, north and west of overpass. I 2. Street, road or highway project is located on: Indic~e ~ it is s state bigtneay ora local fac. I~, er belh ~n c~e d ~n in~eff~on ~ State 214 and Front Street access I Highway ramp I Cross slreet or other reference point: begin: I MP 38.40 (Include milepost if o~ sta~e It*y) I Lenc~ in feet, whemaoplicabb:I 1250 ] Side of street (Bolh, N,S,E,W,e~.): North a. 'roam ~'oj~n:t ¢o~t, including e~inaari~ 8, kc. al magh: $505.550 b. State's share (Grant amo~nl you am sm~in~): $480,500 ¢. Local share (l~ s~t magh, inanity):[ Terms oer future IGA $25,0O0 d. Olh~r funding souma: (Pest, tn) [ None Gan the pro}act be dhtldad into two pha~'~? I! it can, pl~3s~ indicate me two s~ction.~ completion. This may a~et t~ject se~:~ion if th~m is insufli:iant funding for your entire ~oj~t as submit: lend:[ MP 38.54 & Ramn (Lt./ $ costs and your pdority for Application is for single phase. Briefly define the problem and describe the proposed solution. Include the follovdng Information: · Describe the need, the cufmflt condi~ons and how the project will ~nprove the ~itu~on. Note: see questions 18 & 19 for drawings Does the pmjed fill in missing gaps ~ provide connedk,~ to olhef faci~/~es? & map recluirements The project site receives heavy pedestrian usage. Apartments are situated to the west, and destinations (including food stores, medical facilities) are to the east. Currently no sidewalk is provided. The project will provide and enhance safe~y for school children attending the nearby high school and other others who seek passage outside school hours. This project will complete walkway on north side of Highway 214 between Woodburn High School and Front Street, and will link to the sidewalk project currently under construction west of the High School 66 6. Is the project Included in a local, adopted plan? Please identify: I Y i--J N i-'J I If not, has the need been identJ~-:~ elsewhere? Where? I Concept of total project was approved by City Council in year 2000. YXNE] Have local elected officials formally expressed support for this project? * a. Are there cu~n~ accesses, driveways, or on slmet pa-ting within the pmjest limits? b. If so, have local elected officials indicated support f(x any proposed changes? * c. Are you prepared to hold public heatings, if required? Does the proposed fadl~ lie within mad or street rights-of-way? Projects ln parks or abandoned ra#way lines are net e~gtble. Will exba right-of*way need t~ be purchased? Does an agency other than the applicant have judsdiclion over the right-of-way? If yes. who? [ Oregon Department of Transportation Yr-~ N X Y[-'l N F-1 YE]NO YE]NO Y X N['-] Unknown Y [] N E] Yl-I Nr-'l a. Dob'~eyconcurwithysurpmjnctrequest?Ptementt/.appmo~etx~xons/g. at~Page Y X Nil b. Will they agree to maintain ~e facility (including landscaping)? Y [] N X 10. Is the proposed project to be included In a larger project? Y X N [] (pn~ts ihal add sideways ~ bikeways as part ~ nn~d consbuc~n ~' reconstruct/~n am Ilot e~ib~e. Pm~ ~ ~ i~ ~ ~ s~ as surface pmsava~don, ua~ or drainage v, od~, am elig~e, even encouraged.) Please descdbe project, timeline, and other finding sources: 11. · Application is for "middle clement of potential three phase project. Initial phase is currently under construction. Completion is scheduled for October 2004. Future, or third phase, will connect Front Street Ramp to Progress Way (on the north side of Highway 214). Estimated cost for the future phase (not included in this application) is approximately $675,000. · The project will be designed for construction not later than summer 2006. Who will primarily be served by this project? (e.g. scho~ children, commuters, recmationa~ users, sends, disabled, ~ School children, families, women with small children, senior citizens, and others will be served. 12. Does the proposed facility provide a link to transit or park-and-ride facilities? Y [] N X If ~,~s, fle~fibe: 13. Does the project include a railroad crossing? Y E] N X If yes, do the railroad and the OOOT Rail Crossing Safety Un~ co~r w~h your project request?. Y [] N E] (ODOT Rail Crossing Safety Unit phone numbec 503-986-4273) Please fill in o. ppropriale box on signature page 14. Am there any Travel informatlo~ Council (TIC) signs located within the project? If ye& please co~tact the ~C (503.378-2244) to coonfinele replacem~t or mlocaUcn. YI-'I N X BicTclc-Pcdcstrian Program Grant Application FY 2006-07 67 15. Will the project accommodate both pedestrians and bicyclists? Y [] N [] Intent of design will include bicycle lane adjacent to roadway. Some bicycle use of sidewalk will occur, but will not be encouraged. 16. Are any bridges, tunnels, re{aining walls or olher structures required? /fye~ desc~ Y X Nr--] Retaining walls will be needed where sidewalk is installed in areas having steep sideslopes. Minor structural alterations will be performed at the existing box culvert crossing of Mill Creek. 17. Bescribe how the project increases the appreciation of cultural, aesthetic or eavironmantal values, community pride, environmental quality or livablllty. Or describe any other oa~,~a~llng project features or local clrcumstancas that reviewers should be aware of. If the space below is Insufficient, you may instead attach a t page le~er, at a font size no smaller than t 2 pt. See attachment. 18. iclude a black & white 8.5" x 11" vicinity map that shows where the project lies within the community. Indicate adjacent land use and nearby destinations, as well as existing or planned pedestrian and/or bicycle facilities, within reasonable walking or biking distance of the project. (See page 167 of the Orngoe Bio/cie aad Pedestfiaa Plan fo~ aa example of coding to be used, as well as approximate sca~e.) Is I~e vicinity map included? Y X N [] 19. On a separate &5"X11"shaet of paper, attach typical cross-sections of the existing roadway or a diagram of the intersection or crossing treatment and proposed solution; include width, surfacing, and other features. DO NOT ettach large plans or blueprints. Is the cross-seclJon or diagram included? Y X N [] Mail application package t~: Bicycle & Pedestrian Program Manager Traffic Management Services, 5th floor 355 Capitol St NE Salem OR 97301-3871 503-986-3555 fax 4063 68 Michael Ronkin ODOT PEDESTRIAN OR BICYCLE IMPROVEMENT GRANTS Endorsements Complete all sections relevant to your project Applicant: Contact person: Project Name: Question 7: Elected official support for project, & modification to accesses, driveways, or on-street parking (briefly describe) Name: Title: Signature: Date: Question 9a: Agency support if project is on right-of-way not owned by applicant (Region or District Manager for projects on ODOT Highways) Name: Title: Signature: Date: Question 9b: Agreement from appropriate agency to maintain the facility Name: Title: Signature: Date: Question 13: Concurrence from railroad and ODOT Rail Crossing Safety Unit if project includes a railroad crossing Name: Title: Signature: Date: Name: Title: Signature: Date: 69 ro Z LLI '%, zO r~O ~-'c _r~ ~-z O~ Z n,'z LdO .._J OLd 0_.1 O40 I>-' ?! 72 73 14A June 28, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim MuIder, Director of Community Development ,/~)~n Planning Commission's Approval of Variance 04-09. 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 24, 2004, the Planning Commission adopted a final order approving Variance 04-09 to reduce the required flag lot driveway access width of 30 feet for a commercial or industrial use to 20 feet for access from the northern terminus of National Way to a proposed 0.23-acre City well site located in the northwest corner of Tax Lot# 3100. The subject property is located at 3009 North Pacific Highway. It can be identified on Marion County Assessor's Maps as Township 5 South, Range 1 West, Section 4C, Tax Lot# 3100, Parcel 1. The 0.23-acre parcel is a flag lot, and will be the future location of a city water supply well. This well will provide water to be treated at the city water treatment plant currently under construction at the southern end of National Way. The property across which the access easement is granted is 20.4 acres in area, the majority of which is developed as the Patrick Industries manufacturing facility. The subject property is zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. The adjacent properties to the south, east and west are zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. Industrial businesses surround the subject property to the south, east and west. The undeveloped property to the north is located outside the City Limit and Urban Growth Boundary, and zoned Marion County Exclusive Farm Use (EFU}. A non-significant wetland area (MC-19) traverses a considerable portion of the northwest corner of the property. The wetland is a part of the existing open storm water collection system that originates to the west and traverses the Agenda Item Review: City Administrato.~"~ City Attorney~/~-) Finance ~'/ 75 Honorable Mayor and City Council June 28, 2004 Page 2 site to connect with an ODOT drainage easement to the east. The subject site is located outside of the 500-year floodplain. On May 21, 2004, the Woodburn Community Development Director approved the partition of Tax Lot #3100 (Partition CQSe File No. 04-02) to partition the 20.63- acre parcel owned by Patrick Industries, Inc. into two new parcels, 0.23 acres (Parcel 1) and 20.4 acres (Parcel 2) in area respectively. In accordance with WDO Section 3.104.05.E, a 30-foot wide irrevocable access easement or land in fee ownership is required to allow access to the 0.23-acre flag lot (Parcel 1) from National Way via the west side of the subject property (Parcel 2). The applicant is requesting a variance to be granted to reduce the flag lot driveway access width for a commercial or industrial use from 30 feet to 20 feet for the access easement leading from National Way to the 0.23-acre City-owned well site. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. '/6 14B June 28, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: SUBJECT: Jim Mulder, Director of Community Development ~ Planning Commission's Approval of Subdivision 0~01, Variance 04-01, Variance 04-07 and Exception 04-01. 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 24, 2004, the Planning Commission adopted a final order approving Subdivision 04-01, Variance 04-01, Variance 04-07 and Exception 04-01 to allow for Subdivision approval of 16 proposed single family dwelling lots and common open space lot (Tract "A"); Variance approval for the proposed lots #13 and 14 to have the front property line oriented toward the private access easement instead of Cooley Road (Variance Case File No. 04-01 ); Variance approval to the 100 foot minimum average lot depth requirement on the proposed lot #8 (Variance Case File No. 04-07) and Exception to Street Right of Way and Improvement Requirements approval to allow for the sidewalk on the east side of Cooley Road not be constructed. The subject property is located west of Cooley Road and north of Hardcastle Avenue. This property is further identified on Marion County Assessor Maps as part of Township 5 South, Range 1 West, Section 08DD, Tax Lot #4300. The northwest corner of the subject site is zoned Public and Semi-Public (P/SP) and designated on the Woodburn Comprehensive Plan Map as Open Space and Parks. The remainder of the subject property is zoned Single Family Residential (RS) and designated on the Woodbum Comprehensive Plan Map as Residential Less Than 12 Units Per Acre. The northwest corner of the subject property is being used by the City of Woodburn as a park and storm water detention basin. The remainder of the subject property is vacant. Agenda Item Review: City Administrator~/'~ City Attorney J~/) Finance 77 Honorable Mayor and City Council June 28, 2004 Page 2 The property to the north and west of the nodhwest corner of the subject property is zoned P/SP and designated on the Woodburn Comprehensive Plan Map as Open Space and Parks. A park and detention basin is located on this property. The properties to the north, west and south (across Hardcastle Avenue) of the remainder of the subject site are zoned RS, designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and are the location of single family dwellings. The propedies to the southeast of the subject property are located outside of the city limits, within the urban growth boundary, zoned Marion County "Urban Transition Farm" (UTF) and are the location of a single family dwelling. The properties located to the east of the northeast podion of the subject site are located outside of the city limits, outside of the urban growth boundary, zoned Marion County "Exclusive Farm Use" (EFU) and are being used for agricultural uses. On February 27, 1989 the Woodburn City Council annexed the subject property into the City of Woodbum and changed the zoning on the subject site from Marion County Exclusive Farm Use (EFU) to City of Woodburn Single Family Residential (RS) and Public/Semi-Public (P/SP). The applicant states "this proposal is to transfer 1.2 acres to the City of Woodburn (proposed Tract A) for a park/storm detention area and to construct a 16 lot subdivision on the remaining 3.4 acres." The applicant is also requesting variance approval for the proposed lots # 13 and 14 to have the front property line oriented toward the private access easement instead of Cooley Road (Variance Case File No. 04-01) and for the proposed lot #8 to have a 78 foot average lot depth instead of the required 100 foot minimum average lot depth (Variance Case file No. 04-07). In addition, the applicant is requesting approval of an exception to the street improvement requirements on Cooley Road so that a sidewalk does not have to be constructed on the east side of Cooley Road. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. June 28, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ Planning Commission's Approval of Design Review 04-01 Conditional Use 04-01 and Denial of Variance 04-05. and RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes Jn compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On June 24, 2004, the Planning Commission adopted a final order approving Design Review 04-01 and Conditional Use 04-01and denying Variance 04-05. The Planning Commission approved Design Review 04-01 and Conditional Use 04-01 to allow for the construction of a 2,400 square foot building expansion of Qwest Communication's Woodburn Central Office Switching Facility and to replace the existing 19 parking spaces with 6 parking spaces and a loading space on the subject property located at 2401 N. Boones Ferry Road. The Planning Commission denied Variance 04-05 to defer the required street improvement of Country Club Road. The subject property is 33,803 square feet in size and located at 2401 N. Boones Ferry Road. It can be identified specifically on Marion County Assessor Map T5S, lW, Section 7BA, Tax lot#: 1100. A 6,267 square foot building constructed in 1971, 19 parking spaces, landscaping, two driveway accesses on Boones Ferry Road and one driveway access on Country Club Road are currently located on the subject site. The subject property is zoned Single Family Residential (RS) and designated Residential Less than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The surrounding properties are also zoned RS. The propedies to the north (across Country Club Road) and east (across. Beeries Ferry Road) are designated Residential Less than 12 Units Per Acre on the Woodburn Comprehensive Plan Map. The properties to the west and south are designated Agenda Item Review: City Administrator~:~ City AttorneyJ..~-') Financ 79 Honorable Mayor and City Council June 28, 2004 Page 2 Residential Greater Than 12 units Per Acre on the Woodburn Comprehensive Plan Map. The abutting properties to the west and south are vacant. Single family dwellings are located on the properties to the north (across Country Club Road) and east (across Boones Ferry Road). There are no wetlands on the subject site and it is located outside of the 500 year floodplain. DISCUSSION: None. I:IN.ANCI,AL IM?ACT: There is no financial impact associated with the recommended action. 8O 14D June 28, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development /,~z7 Planning Commission's Approval of Planned Unit Development 04-02 and Variance 04-08. 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 24, 2004, the Planning Commission adopted a final order approving Planned Unit Development 04-02 and Variance 04-08 to allow for the modification of Planned Unit Development Case File No. 02-03 and variance approval to allow for the increase of the maximum lot coverage requirement from 35% to 40% in the RS zane for a dwelling over 14 feet in height and 40% to 45% in the RS zone for a dwelling under 14 feet in height for all of the lots in the Goose Hollow Planned Unit Development. The subject properties (22.47 acres) are Located north and south of Hazelnut Drive, north of Meridian Drive, east of the OGA Golf Course and west of the Woodburn High School (T5S-1W-07AB & 07AC, Tax lots #3200, #2600 & #2601). No wetlands are located on the subject site. The subject property is located outside of the 500 year floodplain. The subject properties are zoned Single Family Residential (RS) and designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Unifs Per Acre. The properties to the north and west are zoned RS, designated on the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per Acre, and are the location of the OGA golf course. The property to the east is zoned Public and Semi-Public (P/SP), designated Open Space and Parks on the Woodburn Comprehensive Plan Map~ and is the location of the Wbod~b¥~li~'h- School. The property to the south is zoned Commercial Office, designated Agenda item Review: City Administrat City Attorney ,~C)xx.,) Finance~? 81 Honorable Mayor and City Council June 28, 2004 Page 2 · Commercial on the Woodburn Comprehensive Plan Map, and is the location of offices. On August 28, 2003 the Woodburn Planning Commission approved the applicant's request for preliminary planned unit development (PUD} approval and design final plan approval for a 78 lot planned unit development to be developed in 3 phases and named "Goose Hollow at Tukwila". The Planning Commission also approved the applicant's variance request to the maximum 1,200 foot block length requirement on Meridian Drive (Planned Unit Development Case File No. 02-03, Phasing Plan Case File No. 02-01 and Variance Case File No. 03-19). Since the original PUD approval, the Community Development Director has approved three zoning adjustments to allow for increased lot coverage on three lots within the Goose Hollow PUD (Zoning Adjustments Case File Nos. 04-01, 04-02 and 04-03). The applicant is now requesting that an increased lot coverage be allowed for all of the lots within the Goose Hollow PUD which requires the modification of the original PUD approval and a variance to the lot coverage requirement in Section 2.102.07.G of the WDO. DISCUSSION: None. FINANCIAL IN~PAC'r: There is no financial impact associated with the recommended action. 14E June 28, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ Planning Commission's Approval of Design Review 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 June 24, 2004, the Planning Commission adopted a final order approving Design Review 04-02 to modify Site Plan Review Case File No. 96-15 to add 5 parking spaces and modify the two drive thru lanes on the Oil Can Henry's site (parcel 1 located to the east of parcel 2 at 1780 Mt. HoOd Avenue) and construct a 2,000 square foot building on parcel 2. The subject site is located south of Mt. Hood Avenue. The subject site consists of Parcels 1 and 2 of Partition Plat #2000-041. It can be identified specifically on Marion County Assessor Map T5S, R1W, Section 08DB, Tax Lots #1000 and 1001. Parcel 1 is .29 of an acre and parcel 2 is .21 of an acre. Parcel 1 is the location of an oil change business (Oil Can Henry's) and two parking spaces. Parcel 2 is the location of 10 parking spaces. The subject propedJes are zoned Commercial General (CG) and designated Commercial on the Woodburn Comprehensive Plan Map. The surrounding properties are also zoned CO and designated Commercial on the Woodburn Comprehensive Plan Map. Commercial businesses surround the subject propedies. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. On February 13, 1997, the Woodburn Planning Commission approved a 1,288 square foot two-bay drive though oil change facility and the conversion of an existing residence fo a 1,440 square foot commercial office on the subject site Agenda item Review: City Administrat City Attorney ~ Finan¢ 83 Honorable Mayor and City Council June 28, 2004 Page 2 (Site Plan Review Case File No. 96-15). The oil change facility was constructed. The existing residence was removed rather than being converted into a commercial office. On July 23, 1998, the Woodburn Community Development Director approved the partition of the subject property into two parcels (Partition Case File No. 98-04). Parcel 1 was proposed to be 12,463 square feet (Oil Can Henry's facility including two drive thru lanes and two parking spaces) and parcel 2 was proposed to be 9,322 square feet (9 parking spaces and vacant land). The partition plat was recorded on April 19, 2000. A reciprocal access easement was recorded with the partition to allow for shared access between parcels 1 and 2 for the access driveway to Mt. Hood Avenue located to the north of the Oil Can Henry's building. A reciprocal access easement was also recorded between parcels 1 and 2 and Bi-Mart to allow for autos to enter and exit parcels 1 and 2 onto Bi-Mart property and utilize the driveway access to the west of the parcels 1 and 2. The applicant is now requesting to modify Site Plan Review Case File No. 96-15 to add 5 parring spaces and modify the drive thru lanes on the Oil Can Henry's site (parcel 1) and construct a 2,000 square foot building on parcel 2. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 84