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Agenda - 07/26/2004WOODBURN CITY COUNCIL AGENDA JuLY 26, 2004 - 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Music in the Park presents Chayag, Andean flues, pipes and guitar, on July 27, and Roundhouse Bluegrass playing old favorites on August 3. Both performances begin at 7:00 p.m. B. The Woodburn Public Library Summer Reading Program Finale Fun will be held on July 29 starting af 1:00 p.m. with the Oregon Zoo "Zap" Team presenting live insects, followed by Face Painting and Sidewalk Chalk Art at 2:00 p.m. and ending with Ballet Infantil Folklori¢o de Woodburn at 3:00 p.m. C. The 40th annual La Fiesta Mexicana will be held on August 6-8, 2004 at Legion Park. D. Walt's Run will be held on August 14, 2004 at Centennial Park. Registration forms can be obtained at the Aquatic Center. E. A retirement reception for Beverly Phillips, Children's Services Librarian, will be held on July 30, 2004 from 2:30 to 4:30 p.m. in the Council Chambers. F. The 21st Annual National Night Out is August 3, 2004. G. A public hearing to consider the Northwest Natural Gas franchise will be held on August 9, 2004. Appointments: None. · 'Habr~i i.~rel~ ~isponibles para a~[las ~rs0nas a[ (So3) g8o-~48~" July 26, 2004 Council Agenda Page i e PROCLAMATIONS/PRESENTATIONS Proclamations: A. George Enriquez Day- Tuesday, August 3, 2004 1 Presentations: None. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downfown Association COMMUNICATIONS None. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of July 12, 2004, regular and 2 executive sessions Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Planning Commission minutes of July 8, 2004 14 Recommended Action: Accept the Woodbum Planning Commission minutes. C. Claims for June 2004 17 Recommended Action: Accept the report. D. Woodbum Memorial Aquatic Center Revenue Comparison 22 Recommended Action: Accept the report. TABLED BUSINESS None. July 26, 2004 Council Agenda Page ii 10. GENERAL BUSINESS 11. ke Council Bill No. 2519 - Ordinance approving Conditional Use Application Case File No. 04-02, affecting properly located at 790 Lawson Avenue; and declaring an emergency Recommended Action: Adopt the ordinance. Council Bill No. 2520 - Ordinance amending Ordinance 2157, the sewer charge ordinance, and declaring an emergency Recommended Action: Adopt the ordinance. Council Bill No. 2521 - Resolution authorizing the ffansfer of operating contingency appropriations during fiscal year 2004- 05 Recommended Action: Adopt the resolution. De Council Bill No. 2522 - Resolution calling a special election to submit to the voters the question of contracting a general obligation bonded indebtedness in the amount of $7,066,000 to construct, equip, and furnish a City police faclltiy; construct parking facilities; repay an interfund loan used to purchase property for this facility; construct related Improvements; pay all costs Incidental thereto; and provide environmental upgrades to an existing firing range. Recommended Action: Adopt the resolution. Right-of-Way and Easement Acceptance, Settlemler Avenue Recommended Action: Accept the Right-of-Way Dedication and Permanent Utility Easement from Hammack's Markets, Inc. Fe Purchase and Sales Agreement for Downtown Parking Lot Property Recommended Action: Authorize the City Administrator to execute a Purchase and Sales Agreement and all other related documents needed to purchase Assessor's Parcel #5 1W 18AB 2800. PUBLIC HEARINGS 24 32 35 37 42 54 None. 12. PUBLIC COMMENT 13. NEW BUSINESS Ju~26,2004 Counc#Agenda Page 14. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may De called up by the City Council. A. Planning Commission's Approval of Design Review 03-19 and Variance 04-02 (Long Brothers) 15. CITY ADMINISTRATOR'S REPORT 16. 17. A. City Attorney Performance Evaluation MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION 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). Bo To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1 )(e). 18. ADJOURNMENT 63 Ju~ 26, 2004 CouncilAgenda Pageiv 4A PP.O~TION G~ORGI~ ~..~RIClUItZ DAY TU~SDAY~ AUGUST 8, 2004 WH]iRIL~ ~J. IBORIO aGEORGE' ~.~NRIQUEZ HAS PROVIDED SUPERIOR CUSTOMER SERVICE TO WOODBURN pOST OFFICE CUSTOMERS AS A SALES & SERVICE ASSOCIATE FOR OVER 25 YF. ARS; AND WFII~.IL~ GEORGE'S KNOWLEDGE, EFFICIENCY AND PLEASAN'r MANNER HAVE WON HIM DEDICATED FANS FROM WIIHI-N' THE WOODBURN COM_MUNITY~ BUT HAVE ALSO Al iI~A~.iI;D CUSTOM.ERS FROM GERVAIS, HUBBARD, MOL~T.~.% ST. pAUl, BROOKS, SAI~M AND KEIZER; AND ~, GEORGE'S I. ANGUAGE SK~.L~ AND ABLL1TY TO DEAL V~ll~l POSTAL CUSTOMERS FROM VARIOUS CULTURAl. BACKGROUNDS ~ BEEN ~ ~SET TO o~ co~u~ ~ ~D H~ ~E WOOD~ HU~ RIG.S CO~SS~ON Aw~ ~ 1999; ~D WHI~RIIAS~ GEORGE HAS BEEN A SMILING, COMPETENT AND CARING FACE FOR THE WOODBURN pOST OFFICE FOR GENERATIONS OF WOODBURN R~SIDENTS; AND W~I]tRBA~ GEORGE WILL RETIRE FROM THE posTAL SERVICE ON TUESDAY~ AUGUST 8, 2004. Now THI~FORB, I, KATHRYN I;IGLEY, MAYOR OF TFiE C1TY OF WOODBURN, PROCLAIM TUESDAY~ AUGUST 8, 2004, As GEORGE ENRIQUEZ DAY, AND ENCOURAGE OUR .CITIZENS TO JOIN IN EXPRESSING APPRECIATION TO A BELOVED COI~iI~UNITY FIGURE FOR A JOB WELL DONE. I~NESS'-~IEREOF, I ru~w H~u~rro S]~T ~Y~ HAND AND CAUSED ~ ~~~~APFI~D THIS ~., DAY OF JULY 2004. MArOR / \ crrY OF W O0~UR~ ~ ~ 8A COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 12, 2004. CONVENED. The meeting convened at 6:30 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present (6:36 pm) Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present (6:35 pm) Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Park & Recreation Director Westrick, Senior Planner Zwerdling, Aquatics Manager Newport, Recreation Services Manager Nugent, Recorder Tennant 0010 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authority of ORS 192.660(1)(h)and ORS 192.660(1)(I3. MCCALLUM/SIFUENTEZ.... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. O054 The Council adjourned to executive session at 6:31 p.m. and reconvened the meeting at 7:12 p.m.. Mayor Figley stated that no action was taken by the Council while in executive session. 0111 ANNOUNCEMENTS. A) Music in the Park: Library Park at 7:00 p.m. July 13, 2004 - Darby O'Gill - Irish music musician and comedy performer July 20, 2004 - Koral Jam - local band playing island music B) Woodburn Public Library Summer Reading Program: July 13, 2004 - Native American Songs and Stories by Jack Gladstone July 15, 2004 - American Folk Music Event by Rick Meyers July 22, 2004 - The Magic of Bob Eaton Performances are held in the Library beginning at 3:00 p.m.. C) Bassett Hound Games - Legion Park, July 18, 2004, beginning at 10:30 a.m.. Page 1 - Council Meeting Minutes, July 12, 2004 2 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING D) 2Pt Annual National Night Out will be held on August 3, 2004. Neighborhoods wishing to participate in this annual event are asked to register with the Woodbum Police Department. E) Mayor and Council positions: Filing period for the upcoming election concludes on Tuesday, August 24, 2004 at 5:00 p.m.. Positions to be voted on at the November 2, 2004 general election are as follows: Mayor; Councilor Ward I; Councilor Ward II; and Councilor Ward VI. O269 APPOINTMENTS - RECREATION AND PARK BOARD. Mayor Figley appointed Bruce Thomas to the Recreation and Park Board, Position VI, with his term expiring on December 31, 2005. BJELLAND/MCCALLUM.... approve the appointment of Bruce Thomas to the Recreation and Park Board Position VI. The motion passed unanimously. 0303 PROCLAMATION: PARKS AND RECREATION MONTH - JULY 2004. Mayor Figley read the proclamation declaring the month of July 2004 as Parks and Recreation Month within the City. She urged local residents to visit City Parks and the Aquatic Center or to take part in a recreation program or special event during this month of celebration. 0422 PRESENTATION: FRIENDS OF THE PARKS VOLUNTEER RECOGNITION. Mayor Figley announced that the recipients for this year's award are as follows: 1) Erin Cramer - Volunteer who has organized the Recreation and Parks Department's Pee Wee Baseball league. 2) Willis Grafe - Volunteer who has worked with the Recreation and Parks Department on the Greenway Task Force and the Community Center Task Force. 3) Brian and Diana May - Volunteers involved in many youth sports programs including youth baseball/softball/T-ball, basketball, soccer, and Walt's Run. Willis Grafe and Brian & Diana May were in attendance to receive their awards. Mayor Figley stated Erin Cramer was out of town therefore unable to attend this meeting to receive his award. Recreation Services Manager Nugent stated that the Mayor had been very concerned about cleaning up Centennial Park following the July 4th event. As a result, the Recreation and Parks Board presented Mayor Figley with an engraved can catcher for picking up litter. 0642 CHAMBER OF COMMERCE REPORT. Alma Grijalva, representing the Chamber Board, provided information on upcoming Chamber events: 1) Chamber at the Drags - July 21, 2004: This annual event will be held at the Woodbum Page 2 - Council Meeting Minutes, July 12, 2004 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING Drag Strip and members of the community and other area chambers are invited to participate. 2) Chamber Forum - August 8, 2004: This event will be held at the newly remodeled Fire Department with Mid-Valley Financial Services as the sponsor for this event. 3) She urged the Council to adopt Council Bill 2518 which is a resolution supporting the application of the Regional Tourism Promotion Committee for a Mid-Willamette Valley Rural Investment Fund Grant. In her opinion, this grant would be very beneficial to our community in promoting tourism. 0811 Sid Friedman, representing 1000 Friends of Oregon, provided the Council with copies of letters previously submitted to the City requesting (1) copies of public records relating to the Periodic Review work tasks concerning the urban growth boundary analysis and the transportation system plan, and (2) notification of City work sessions on Periodic Review work tasks and receive copies of draft work tasks that are submitted to the State. The last letter requesting this information was dated June 10, 2004 and, as of this date, they still have not received any response from the City whether it be acknowledgment of receipt of the letter or the requested documents for review. He stated that he had called City Administrator Brown who had returned his telephone call today to let him know that he was unsure as to when the documents would be available for review. Mr. Friedman expressed his opinion that all of the documents requested in their letter dated June 10, 2004 are public records and they should be allowed to review the materials. Additionally, he did not feel that the staff had been giving his organization timely meeting notices thereby limiting their ability to participate in the periodic review process. He requested that the Council direct City staffto make the periodic review files available for public inspection or, if in the alternative, to provide a timely response to their request for documents. Mayor Figley stated that City staffis in the process of evaluating the request from 1000 Friends of Oregon understanding that some materials that have been requested may be privilege or exempt. Mr. Friedman stated that he would like to review those records that staff agrees are public records while they await the City's resolution on the other documents they have requested. 1123 Carla Michaelson, 17244 Arbor Grove Rd., stated that she had sent a written request to Community Development Director Mulder for the Transportation System Plan and Mr. Mulder did call her on the deadline date she had provided in her letter and informed her that the staff was within a few days of having a final draft document. She attended a work session on the Transportation System Plan and she received the document about the same time as the Council and Planning Commission members received their documents. She also spoke briefly on Ballot Initiative 36 which will most likely become a state-wide ballot measure. This ballot initiative would compensate property owners if government Page 3 - Council Meeting Minutes, July 12, 2004 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING regulations cause a loss in their property values. In her opinion, the ballot measure is poorly written, very costly, and will create an enormous administrative burden on government entities. She expressed her hope that it will be possible for the City Council to join with other groups opposing this ballot measure. Mayor Figley stated that she is in opposition to this ballot initiative since she feels that taxpayers pay for programs that matter such as public safety, infrastructure, parks, and libraries. 1494 Theadora Tarbot, 13305 Carl Rd NE, Hubbard, encouraged the City to be forthcoming in providing the periodic review documents to the public since she feels that it is crucial for the public to have access to the relevant information in order to participate in the public process. 7552 CONSENT AGENDA. A) approve the regular and executive session Council minutes of June 28, 2004; B) accept the Recreation and Parks Board draft minutes of June 15, 2004; C) accept the Planning Commission minutes of June 24, 2004; D) accept the Community Center Task Fome meeting notes of June 29, 2004; E) receive the Police Department Statistics report for May 2004; F) receive the Street Closure and Sound Permit request for July 16, 2004; G) receive the Building Activity report for June 2004; and H) receive the Planning Project Tracking Sheet dated July 8, 2004. MCCALLUM/NICHOLS.... adopt the consent agenda as presented. The motion passed unanimously. 1627 PUBLIC HEARING: CITY COUNCIL CALL UP FOR REVIEW OF 2148 CONDITIONAL USE CASE FILE NO. 04-02 "THE CASH STORE" (790 Lawson Street). Mayor Figley declared the public heating open at 7:37 p.m.. No declarations were made by the Council. Recorder Teunant read the land use statement required by ORS Chapter 197. Senior Planner Zwerdling reviewed the staff report which outlined the findings and conclusions that were adopted by the Planning Commission in their decision to approve the conditional use application submitted by Cottonwood Financial. The applicant is proposing to operate a pay day loan business in the office tenant space of an existing business located at 790 Lawson Avenue and conditional use approval is required for this type of business in a commercial general zone. It was noted that the Planning Commission's Final Order did not list any conditions of approval. John Junkin, attorney representing Cottonwood Financial, expressed his support of the staff's position and Planning Commission's decision on this conditional use application. He stated that they had reviewed the Council minutes of June 14, 2004 regarding the Page 4 - Council Meeting Minutes, July 12, 2004 TAPE READING COUNCIL MEETING MINUTES JULY 12, 2004 2438 Council's call up of this matter and the basis for the call up seems to the be the Council's concern that Cottonwood Financial may be using a billboard located offpremise to advertise their business. He reiterated that their client is taking no position as to the legality or illegality of any offpremise signs within the City. He requested that a copy of the letter received from the sign company's attorney along with some other material on this issue be entered into this record. Mr. Junkin stated that the attorney for the sign company did present some compelling argument but that is not their argument. He stated that his client's position is that they complied with the criteria for the conditional use permit and they will advertise wherever it is legal and appropriate to do so. He requested that the conditional use be approved and his client not be conditioned to do something that they may be entitled to do legally elsewhere in the City. He reiterated that his client is not taking a position on the sign ordinance since that is something between the City and the sign owner. His client did sign a contract with the sign company and they would be proceeding with use of the sign unless it is deemed to illegal for them to do so. Richard Jennings, 595 Filbert, questioned if the building in which this business will be located was originally designed for tenants. Councilor Lonergan stated that the building owner had designed the building for two tenants. Mayor Figley declared the public hearing closed at 7:50 p.m.. 2548 Councilor Cox stated that he had called up the design since a new sign ordinance was soon to be in effect and, in reading the Planning Commission minutes, there was a question asked of the applicant on the issue of signs. The applicant had responded with an answer about signs on the premise and the off premise sign was not mentioned even though it had been displayed a few weeks before. He felt that the applicant gave the Planning Commission an incomplete answer which led him to believe this was the time to address the sign issue in connection with the conditional use which was still open for the Council to review. Since then, the Council has been advised by their attorneys that although those concerns may have been legitimate, they are not a part of what the Council is to look at under conditional use permits. The legality or illegality of off premises signs is covered under a different ordinance and not part of the conditional use process. COX/NICHOLS.... approve the action of the Planning Commission and direct staffto prepare an ordinance to approve Conditional Use Case File No. 04-02. Councilor Bjelland agreed with most of Councilor Cox's comments but was not sure if he fully agreed with the interpretation that offpremises signs are not a legitimate issue of conditional use permitting. Since the decision for this conditional use was accomplished during a period of time in which the City's sign ordinance was not in effect, he agreed that this conditional use should be approved but did not want to say that the Council will not be examining this issue on any subsequent conditional uses that might be submitted in the future that would include off premises signs. Page 5 - Council Meeting Minutes, July 12, 2004 6 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING Councilor McCallum expressed his opinion that the Council has the right to call up land use actions and, in some cases, it is a matter of clarification that can be handled very quickly. On roll call vote, the motion passed unanimously. 2953 COUNCIL BILL NO. 2518 - RESOLUTION SUPPORTING THE APPLICAITON OF THE REGIONAL TOURISM PROMOTION COMMITTEE FOR A MID- WILLAMETTE VALLEY RURAL INVESMENT FUND GRANT. Councilor Sifuentez introduced Council Bill 2518. Recorder Teunant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed 5-1 with Councilor Cox voting nay. Mayor Figley declared Council Bill 2518 duly passed. 3163 CONTRACT AWARD FOR TEMPORARY TRAFFIC SIGNAL AT HIGHWAY 3163 Page 214 / BOONES FERRY ROAD. Only one bid was received for a temporary traffic signal at the intersection of Highway 214 / Settlemier Avenue / Boones Ferry Road intersection during construction of the Boones Ferry Road widening project and to complete some advance work for the intersection improvement to be contracted by ODOT. The bid was submitted by Lantz Electric, Inc. in the amount of $59,786.00 which is approximately 8% over the engineer's estimate of $55,000. BJELLAND/MCCALLUM... award the construction contract to the lowest responsible bidder, Lantz Electric Inc., for the installation of the temporary signal at Highway 214 and Boones Ferry Road in the amount of $59,786.00. Public Works Director Tiwari stated that installation of a temporary traffic signal is a very specialized area and staff had expected three bids but received only one bid for this project. The bidder has been pre-qualified and staff feels that the contractor will be able to complete the project. The motion to award the contract passed unanimously. POLICE FACILITY PRE-DESIGN PROJECT. Police Chief Russell summarized his staffreport which provided background information on current and future space needs for the police department. Currently, police facilities and operations are located out of City Hall, Mall 99 (East precinct), and Wastewater Treatment Plant Police Storage. In 2003-04, the Council established a goal to plan and organize for a new police facility and, as a result, property was purchased in the 1000 block of Mt. Hood Avenue for the proposed facility. Additionally, funds were budgeted for a Police Facility Pre-design project which would provide for a space needs study, site evaluation, concept level design, and project budget. Design firm Group Mackenzie was selected to work on this project and they worked closely with staff, a police facility task force, and with the general public to develop a basic design and estimated project cost. 6 - Council Meeting Minutes, July 12, 2004 ? TAPE READING 4784 COUNCIL MEETING MINUTES JULY 12, 2004 He stated that the proposed site will provide for future expansion of any police facilities that might be placed on the site, allow for good access control from the site, and provide a good location for emergency operations. The needs assessment looked at police service needs to the year 2020 serving a population of 35,000. As part of this process, he stated that meetings were held with the neighbors surrounding the proposed site, adjacent businesses, and an open house was held last week to discuss the project with comments received being taken into consideration in finalizing the pre-design being presented to the Council at this meeting. JeffReeves, Group Mackenzie, reviewed issues that his firm looked at in developing the plans for this project. Site location was an issue since it included a neighborhood to the east, wetlands and steep topography, Highway 214 to the north, and Legion Park to the south. It was noted that placement of a 20,000 square foot community center on this site could be compatible with a police facility based on their preliminary investigation. It was also determined that the best access point to Highway 214 would be close to the east property line and a secondary access is proposed along the northerly property line of Legion Park to Park Avenue. The site plan displayed how the building would be situated on the property. It is proposed that there would be a 30 foot buffer on the east property line and the adjacent neighborhoods requested that a berm be landscaped to separate their neighborhood from the police facility instead of a fence or wall. He reviewed the building floor plan which is divided into 3 zones. The public zone includes the reception area, community meeting room, community policing area, soft interview rooms, and administrative areas. Locker rooms, patrol rooms, storage and evidence processing rooms are located in the second zone. Lastly, the holding cells are located in the third zone. He displayed the conceptual design of the building with elevations. The estimated cost of the building alone is $155 per square foot. The estimated cost for the complete project including on-site and off-site improvements, firing range improvements, and other related costs is $7,065,596. Councilor Cox expressed his opinion that an excellent job was done on this pre-design project. Councilor McCallum stated that he was a member of the Police Facility Task Force and he was surprised with the highly technical nature of this building which included forensic evidence location, general evidence location, holding cells, and compliance with state and federal regulations. He requested that the Chief address the 9-1-1 Center in the that is included in the proposed plan. Chief Russell stated that the police operations are closely tied to NORCOM 9-1-1 which is a separate agency. NORCOM currently leases space from the City and they our housed in the City Hall basement. The proposed facility will provide space for their operations, however, there is no guarantee that they will move over to the new facility. If they decide not to move to the new facility, the Police Department could either change the space requirement and build the space for future police operations or not to build the space at Page 7 - Council Meeting Minutes, July 12, 2004 8 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING all. The 9-1-1 Board would like to negotiate for space when the time comes but they are not willing to make a commitment at this time. Councilor McCallum felt that the 9-1-1 system serves our area well and, like the police department, they are running out of space and it is hoped that they will be willing to lease the space at the proposed facility. Councilor Cox questioned if it would be feasible to have a firm commitment from the NORCOM before the construction design is finalized. Administrator Brown felt that the City has time to negotiate an agreement with NORCOM before the design is finalized, however, staffneeds a bond levy amount from the Council within the next two weeks that includes the construction of the space and, if the space is not built, then the savings from not building the space can be used to pay back the bond sooner and ultimately reduce the cost to the taxpayers. Mr. Reeves stated that if the space is not constructed at this time, the building design can be such that an addition can be built at a later date. Councilor Bj elland questioned if consideration had been given to phasing the facility. Mr. Reeves stated that it is more economical to design the building for a 20 year period rather than a 10 year period. If the project looks at a 10 year period, the project cost will be almost double the amount. Discussion was held on issues relating to the second access to the property. Alternatives included secondary access to (1) the east to Park Avenue, (2) northwest comer across the Public Works property, and (3) south to Queen City Blvd. The key to the second access is the overall Master Park Plan. Staff will be evaluating the alternatives and cost estimates will be prepared then submitting a separate recommendation to the Council as to which alternative would be the best route to take. The cost for the secondary access is not included in the bond dollars since staff feels that there are funds available to do the work when the time comes. Councilor Lonergan questioned if the department will have a problem with the traffic on Highway 214 when responding Code 3 from the proposed facility. Chief Russell stated that Highway 214 will be an issue in any direction, however, with the additions and expansions planned, the department is comfortable with what has been proposed since having the railroad overpass on Highway 214 allows the officers to access the east and west sides of our community without having to wait at a train crossing or be blocked by a stopped, stalled, or derailed train. In regards to a community center, Administrator Brown stated that staff had asked Group Mackenzie to take a preliminary look as to whether or not a community center could be placed on this site. The consultants feel that the building could be located there if it is decided in the future to use this site. Councilor McCallum stated that this bond issue will only fund a police facility and a community center is not under discussion at this time. Mayor Figley also stated that if a community center would ever be at this location, the center would incur some obligations to pay back some benefit that it received from the Page 8 - Council Meeting Minutes, July 12, 2004 9 TAPE READING 6322 COUNCIL MEETING MINUTES JULY 12, 2004 police facility bond measure including infrastructure and property. She reiterated that the community center process is not nearly as far along as the Police Facility project. MCCALLUMJSIFUENTEZ... approve the police facility design documents and program budget, and direct staff to prepare an ordinance placing a bond measure on the November 2, 2004 ballot to fund the design and construction of a new police facility. The motion passed unanimously. 6460 SUPPLEMENTAL 2004 TOURISM AND ECONOMIC DEVELOPMENT GRANT Tape AWARDS. Mayor Figley stated that she had a potential conflict of interest in that area due to the fact that she is an unpaid Director of Cascade Scenic Railway Inc.. She also stated that she was not a part of any decision making process about the grant award although, as a Board member, was among those on this Board in favor of submitting a grant application. If there is a controversy on this issue that would result in her breaking a tie vote, she would not take part in the vote. COX/NICHOLS.... award a supplemental 2004 Tourism and Economic Development grants in amounts not to exceed $5,000 to the Woodbum Downtown Association and the Cascade Scenic Railway; authorize the City Administrator to execute a fee for services agreements with the Woodburn Downtown Association and the Cascade Scenic Railway; and approve a transfer in the amount of $10,000 from the General Fund Contingencies to the General Fund Non-Departmental budget to establish accounts for recommended grants. Councilor Cox explained that he was in favor of this grant award since it does not involve use of funds for planning consultants which is what the grant application for regional tourism promotion would do if a Mid-Willamette Valley Rural Investment Fund grant is awarded to the Regional Tourism Promotion Committee. Councilor McCallum stated for the record that he is a member of the Woodburn Downtown Association but not a Director or officer for that organization, and would not be voting on this motion. 2 Administrator Brown stated that these grants are one-time projects and funding may or may not be available for supplemental grants. The regular grant is advertised based on an estimate of transient occupancy tax dollars. There is a provision in the contract that is executed with the recipients that if money is not received as anticipated then the recipients grant is reduced back proportionateley. If more dollars are received then anticipated, then a reserve is built up and a supplemental grant could be considered by the Council. The motion passed 5-0 (Councilor McCallum did not vote on this motion). Page 9 - Council Meeting Minutes, July 12, 2004 10 TAPE READING 0100 COUNCIL MEETING MINUTES JULY 12, 2004 Richard Jennings, 595 Filbert St., spoke briefly regarding the proposed police facility bond measure and stated that once the Council adopts the ordinance to place the measure on the ballot, City staff will need set aside and let a Political Action Committee (PAC) take over promoting the passage of a bond levy. He stated that there was a lot of work done by the staff and consultants to design a facility that the task force feels will work for our City. He reiterated that it is a necessity that a new facility is constructed to meet mandated requirements, centralize operations, and provide space for a minimum of 20 years. He stated that the task force feels that this is a well-thought out plan and it is now time to proceed with promoting the bond issue in order to get the facility built. 0301 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Administrative Design Review 04-09 (850 Lawson Avenue): Approval ora request to convert 1,300 sq. feet of office space into a convenience store at the Exxon Station. B) Community Development Director's approval of Partition 04-03 (WinCo Foods): Approval of request to partition an existing 82.122 acre parcel into an 80.182 acre parcel and a 1.94 acre parcel. C) Planning Commission's approval of Design Review 04-07 (west of 275 Arney Road): Approval of application to construct a commercial building that would house a 1,550 sq foot coffee shop and a 2,050 sq foot sandwich shop. Councilor McCallum questioned if the approval of Design Review 04-09 now allows the building originally approved as office space to house a convenience store and that the Planning Commission has nothing to do with what products are located in the convenience store such as alcoholic beverages. City Attorney Shields stated that service of alcoholic beverages is a matter of state law. 0458 MAYOR AND COUNCIL REPORTS. Councilor Nichols stated that he was glad to see that there were no accidents or fires on the Fourth of July. Councilor McCallum requested that the staff look into the marking of the Highway 99E safety island at the Hwy 99E/214/211 intersection. Many constituents have expressed concern on the marking since it is hard to see especially in the dark and on rainy nights. Administrator Brown stated that he had spoken with Councilor McCallum before this meeting and he is willing to call ODOT to see what can be done to increase the visibility of both islands. Councilor Cox expressed his hope that Mr. Friedman's letter will be effectively and openly responded to by staffbefore the next regular meeting. He regrets that Mr. Friedman's letter had not been responded to by now and the open meetings and records law needs to be adhered to. He realizes that there are some documents that the organization may not be entitled to but those records that they are entitled to should have been provided to them by now for review. Page 10 - Council Meeting Minutes, July 12, 2004 11 COUNCIL MEETING MINUTES JULY 12, 2004 TAPE READING Administrator Brown also believe that it is regrettable that it has not been responded to by this time and staffwill do the best they can within the next week to make sure there is a response put together and directed by to Mr. Friedman. This is not your typical public information request and there is an substantial amount of information that has been asked for and staff has had to look at all of the various aspects of this request to determine what needs to be responded to. Director Mulder will be returning from vacation next Monday and this will be a top priority when he returns. Mayor Figley thanked all of the individuals associated with the City of Woodbum and the other volunteers who made the Fourth of July event such a huge success. For next year, the organizers are already discussing things that can be done differently to make the event even more successful. 0875 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:55 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 11 - Council Meeting Minutes, July 12, 2004 12 Executive Session COUNCIL MEETING MINUTES July 12, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 12, 2004. CONVENED. The Council met in executive session at 6:31 p.m. with Mayor Figley presiding. ROLL C.__~L. Mayor Figley Present Councilor Bjelland Present Councilor Cox Present (6:36 pm) Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present (6:35 pm) 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, Attorney Rick Kuhn, City Recorder Tennant Press: John Gervais (7:01 pm) 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); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0; .ADJOU_RNMENT. The executive session adjourned at 7:07 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Executive Session, Council Meeting Minutes, July 12, 2004 8B WOODBURN PLANNING COMMISSION July 8, 2004 .CONVENED The Planning Commission met In a regular session at 7:00 p.m. In City Hall Council Chambers with Chairperson Lime p~eeldlng. BOLL CALL Chairperson Lime P Vice Chairperson Young P Commissioner Vancll P Commissioner Grlgorlaff A Commissioner Knoles P Commlaslone~ Bandelow P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdllng, Senior Planner Chaircerson Lima provided an opening statement for Public Hearing. MINUTES A. Woodburn Plannln. Commission Minutes of June 24. 2004 Commissioner Bandelow moved to accept the minutes as presented and Commissioner Knoles seconded the motion, Motion unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Woodburn City Council Work Session Mlnutee of June 7. 2004 B__~. Woodbum City Council Minutes of June 14. 2004 Staff introduced the new Associate Planner, Breah Pike-Salas. He stated she will initially focus on enforcement of the Sign Ordinance. Staff provided the Commission with a copy of a letter from Mr. Keith Woollen addressed to the Mayor regarding the Trensportation System Plan. Staff indicated no action needed to be taken bythe Commission at this time. He stated there will be another joint TSP work session with the City Council. Staff will also have a work session before public hearings are held. PUBLIC HEARING A. Deal{In Review 03-19 and Verlance 04-02. reauest to construct an 8.610 sa. ft. Industrial stora;le bulldlnR and decrease the reaulred 60 feet of rl;ht-of-wav on Birds Eve Avenue to 50 feet, located at 130 S. Birds Eve Avenue. PSS Architecture. auullcent. EX-PARTE CONTACTS None Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval of the requests based on the information in the report and subject to the conditions of approval listed in the Staff Report. Planning Commission Meeting - July 8, 2004 Page I of 3 14 TESTIMONY BY THE APPLICANT Larry Lonq, 12979 Howell Prairie Rd., Gervais, OR 97026 stated he had no issues with the Staff Report. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION ~ closed the public hearing and opened Commission discussion. ommissioner Bandelow remarked this was a case where there is an old street that is smaller than what the code requires and there is nothing that could be done to change that. Chaimerson Lima. Corn missioner Knoles and Commissioner Vancil agreed with Commissioner Bandelow and stated it is a good proposal. Commissioner Bandelow moved to approve Design Review 03-19 a~d Variance 04-02 and instructed Staff to return with facts and findings. Commissioner Knoles seconded the motion, which carried unanimously. ITEMS FOR ACTION A. Final Order for Dealqn Review 04-07, request to construct · 3,700 sq. ft. bulldln¢~ for two restaurants !_nc-_~'_~d on the West side of 255 Arney Rd., Joe Bames. a=Dllcant. Commissioner Bandelow made a motion to approve the final order as written. Commissioner Knoles seconded the motion. Motion unanimously carried. DISCUSSION ITEMS None REPORTS A. Bulldln;I Actlvl~ for June 2004 B.~. Plannine Prolect Tracklnq Sheet (revised 6-30-04~ BUSINESS FROM THE COMMISSION Com..~missioner Vancil._again reported there is a proposed charter school to go in next to the Baptist Chumh between Lincoln St. and Gatch St. He inquired whether an application has been received by this school? Staff responded they have been contacted, however, an application has not been submitted. ~ Lima commented his family attended the presentation for the new police department facilities and stated the plans of the facility looked really nice. He further commented the expectation is that construction be done by early 2006, if everything fails into place. Commissioner Bandelow mentioned the trees by the school on Boones Ferry Rd. were removed due to the widening of the road. She stated some of the children at the school were saddened by that event. Staff said choices had to be made and a choice was made to try to preserve as many trees on either side of the right-of-way. ADJOUR__.~NMENT Commissioner Bandelow moved to adjourn the meeting. Commissioner Knoles seconded the motion, which Planning Commission Meeting - July 8, 2004 Page 2 of 3 15 CLAUDIO LIMA, CHAIRPERSON DATE City~ Woodburn, Oregon Date Planning Commission Meeting - July 8, 2004 Page 3 of 3 16 pAGE 1 WOODBURN LIVE C I T ¥ 0 F W 00 D B U R N AP0460 VEEOT DATE 7/14/04 CHECK REGISTER TIME 14:42:52 HECK DATE PAYEE NAME STATUS UPDATED CHECK A~4OUNT RECONCILED AMT DIFFERENCE BANK ACCOUNT AP A/P Accounts Payable .00 74369 6/30/2004 OREGON p.E.R.S RECONCILED YES 966 9.66 74370 6/30/2004 EBS RECONCILED YES 1,097.91 1~097.91 74371 6/04/2004 ANITA FISCHER RECONCILED YES 57.27 5727 74372 6/04/2004 ~ SHULTZ RECONCILED YES 33.00 33.00 .00 74373 6/04/2004 A.R~4ARK UNIFORM SERVICE I RECONCILED YES 21.00 21-00 '00 74374 6/04/2004 ARCH WIRELESS RECONCILED YES 52'43 52'43 '00 74375 6/04/2004 AT&T WIRELESS RECONCILED YES 422-05 422.05 .00 74376 6/04/2004 BARKER SURVEYING CORP RECONCILED YES 9~498.00 9,498.00 .00 74377 6/04/2004 BEERY & ELSNER LLP RECONCILED YES 323-40 323.40 -00 74378 6/04/2004 BRINKS HOME SEC"JRITY RECONCILED YES 31.99 31.99 .00 74379 6/04/2004 CANBY TELEPHONE ASSOC RECONCILED YES ]9.90 89.90 .00 74380 6/04/2004 CASE AUTOMOTIVE RECONCILED YES 506.10 506.10 .00 74381 6/04/2004 CDW GOVERNMENT INC RECONCIL~ YES 69.49 69.49 .00 74382 6/04/2004 CIS: CITY-CTY INS. SERVS. RECONCILED YES 700.44 700.44 .00 74383 6/04/2004 CITY OF WOODBUR/g RECONCILED YES 33,609.27 33,609.27 .00 74384 6/04/2004 CONSOLIDATED SUPPLY CO. RECONCILED YES 4,582.50 4,582.50 .00 74365 6/04/2004 COOKE STATIONERY COMPANY RECONCILED YES 60.94 60.94 .00 74386 6/04/2004 COPSPLUS INC RECONCILED YES 86.87 86.87 .00 74387 6/04/2004 CTL CORPORATION RECONCILED YES 290.58 290.58 .00 74388 S/04/2004 DAILY JOURNAL OF CO~4ERCE RECONCILED YES 204.75 204.75 74389 6/04/2004 DRYDEN ELECTRIC, INC. RECONCILED YES 2,759.14 2~759.14 .00 74390 6/04/2004 EPSILON ENGINEERING, INC. RECONCILED YES 840.00 840.00 .00 74391 6/04/2004 ERNIE GRAI{AMOIL. INC RECONCILED YES 68.39 68.39 .00 74392 6/04/2004 ESCHELON TELECOM INC RECONCILED YES 2,721.75 2,721.75 .00 74393 6/04/2004 GRAINGER RECONCILED YES 78.66 78.66 .00 74394 6/04/2004 GROUP MACKENZIE ENGINEER RECONCILED YES 9,252.99 9,252.99 .00 74395 6/04/2004 IKON OFFICE SOLUTIONS RECONCILED YES 279.93 279.93 .00 74396 6/04/2004 KENNEDY JENKS CONSULTANTS RECONCILED YES 186,515.84 196,515.84 .00 74397 6/04/2004 KILROY'S SELF STORAGE RECONCILED YES 200.00 200.00 .00 74398 6/04/2004 LIBRARY ASSOCIATES RECONCILED YES 374.10 374.10 .00 74399 6/04/2004 LOWE'S TROPHY RECONCILED YES 15.50 15.50 .00 74400 6/04/2004 M & M AUTO WRECKING RECONCILED YES 25.00 25.00 .00 74401 6/04/2004 MARION COUNTY CLERK RECONCILED YES 236.00 836.00 .00 74402 6/04/2004 MISSOURI TURF PAINT RECONCILED YES 858.80 858.80 .00 74403 6/04/2004 NATIONAL WATERWORKS INC RECONCILED YES 78.00 78.00 .00 74404 6/04/2004 NORTHWEST NATUP~L GAS RECONCILED YES 1,611.27 1,611.27 .00 74405 6/04/2004 OACP RECONCILED YES 67.50 67.50 .00 74406 6/04/2004 OFFICE MAX CREDIT pLAN RECONCILED YES 75.97 75.97 .00 74407 6/04/2004 OR DEPT OF MOTOR VEHICLE RECONCILED YES 10.00 10.00 .00 74408 6/04/2004 PAVEMENT SERVICES, INC. RECONCILED YES 357.00 857.00 .00 74409 6/04/2004 PORTL~D GE%fERAL ELECTRIC RECONCILED YES 24,496.95 24,496.95 .00 74410 6/04/2004 QWEST RECONCILED YES 1,111.33 1,111.33 74411 6/04/2004 RADIX CORPORATION RECONCILED YES 181.00 181.00 .00 74412 6/04/2004 ROSE[~ARY HUDOCK RECONCILED YES 28.88 20.88 .00 74413 6/04/2004 RYAbI HERC0 CO. RECONCILED YES 39.24 39.24 .00 74414 6/04/2004 SELECT CONTRACTING INC RECONCILED YES 534.27 534.27 .00 74415 6/04/2004 SHARON LUSCONBE RECONCILED YES 65.00 65.00 .00 74416 6/04/2004 SIGN WORKS OF OREGON INC RECONCILED YES 704.00 704.00 .00 74417 6/04/2004 SLAYDEN CONSTRUCTION INC RECONCILED YES 536.833.03 536,88].03 74418 6/04/2004 SOUTHWEST ESCROW COMPANy RECONCILED YES 101,743.20 101,743.20 74419 6/04/2004 SPRINT RECONCILED YES 89.67 89'67 '00 74420 6/04/2004 UNEQUALLED JANITORIAL SVC RECONCILED YES 43800 438.00 .00 pAGE 2 C I T Y 0 F W © O D B S R N AP0460 WOODBURN LIVE VEEOT DATE 7/14/04 CHECK REGISTER TIME 14:42:52 DIFFERENCE N E STATUS UPDATED CHECK AMOUNT RECONCILED .a34T ..... ============ CHECK DATE pAYEE AM CHECK # ............................................... 15 .00 ..... ============================= ......... . S 53- .... 04, 004 VERiZON 74 RECONCILED ' .00 74422 6/04/2004 VICTOR YQ%MKIN BOOKSTORE 294.21 74423 6/04/2004 VIKING OFFICE pRODUCTS RECONCILED YES 294.21 74425 6/04/2004 WILL;U'4ETTE VALLEY SECURIT RECONCILED YES 59.85 5985 .00 74426 6/04/2004 WOODBLg{N INDEPE~gDF~NT RECONCILED YES 1,357-28 1,357.20 74427 6/30/2004 SECRETARY OF STATE RECONCILED YES 50.00 50.00 .00 74428 6/30/2004 VALLEY MAILING SERVICE IN RECONCILED YES 824.85 824.85 .00 74429 6/]0/2004 RICHARD MCCORD RECONCILED YES 800.00 800.00 .00 74430 6/30/2004 CITY OF WOODBt~RN PETTY CA RECONCILED YES 136.11 136.11 74431 6/10/2004 ADVANCED LASER IMAGING IN RECONCILED YES 759'45 759'45 74432 6/10/2004 AEROTEK INC RECONCILED YES 200.00 20O.00 74433 6/10/2004 AG WEST SUPPLY RECONCILED YES 16.85 16.85 .00 74434 6/10/2004 AMERIC3~g h~'AC RECONCILED YES 296.79 296.79 .00 74435 6/10/2004 AMERIGAS RECONCILED YES 363.47 363.47 .00 74436 6/10/2004 ARC~H WIRELESS RECONCILED YES 30.14 30.14 .00 74437 6/10/2004 AT & T RECONCILED YES 79.76 79.76 .00 74438 6/10/2004 BATTERIES NORTSWEST RECONCILED YES 56.95 56.95 74439 6/10/2004 BOCHSLER F3%RDW;tRE CO RECONCILED YES 449.00 449.00 .00 74440 6/10/2004 C.J- HANSEN CO., INC. RECONCILED YES 8,543.00 8,543.00 .00 74441 6/10/2004 CAPITAL PAINT & DECOPU%TIN RECONCILED YES 300.56 300.56 .00 74442 6/10/2004 CiqEMEKETA COMM]3NITY COLL RECONCILED YES 1,698.60 1,698.60 74443 6/10/2004 CITY OF WOODBU~N RECONCILED YES 713.00 713.00 .00 74444 6/10/2004 COCA COL4% BOTTLING-NW DIV RECONCILED YES 190.80 190.80 .00 74445 6/10/2004 CRYSTAL SPRINGS WATER CO RECONCILED YES 77.20 77.20 .00 74446 6/10/2004 CTL CORPORATION RECONCILED YES 4,922.61 4,922.61 .00 74447 6/10/2004 DEFFENBAUGH & AS8OC PC CO RECONCILED YES 804.12 804.12 .00 74448 6/10/2004 DEPT OF E~n~IRONMENTAL QUA RECONCILED YES 100.00 100.00 .00 74449 6/10/2004 DP NORTHWEST INC RECONCILED YES 2,277.00 2,277.00 .00 74450 6/10/2004 EDUCATORS PROGRESS SERVIC RECONCILED YES 52.90 52.90 .00 74451 6/10/2004 ENVIRONMENTAL RESO~-~RCE AS RECONCILED YES 535.40 535.40 .00 74453 6/10/2004 FRANK R COMELLA RECONCILED YES 100.00 100.00 .00 74454 6/10/2004 FREE INQUIRY RECONCILED YES 35.00 35.00 .00 74455 6/10/2004 G.K. MACT~INE RECONCILED YES 146.41 146.41 74456 6/10/2004 GALE GROLrP RECONCILED YES 1,170.63 1,170.63 .00 74457 6/10/2004 H D FOWLER CO, INC. RECONCILED YES 3,069.23 3,069.23 .00 74458 6/10/2004 fln-gSON SUPPLY CO RECONCILED YES 1,097.90 1,097.90 .00 74459 6/10/2004 HIRE CALLING INC RECONCILED YES 2,373.17 2,373.17 .00 74460 6/10/2004 IKON OFFICE SOLUTIONS RECONCILED YES 2.53 2.53 .00 74461 6/10/2004 INTL F03NICIPAL LAWYERS AS RECONCILED YES 535.00 535.00 .00 74462 6/10/2004 IRS ENn;IRONMENTAL OF PORT RECONCILED YES 1,660.00 1,660.00 74463 6/10/2004 ITT FLYGT CORPORATION RECONCILED YES 311.00 311.00 .00 74464 6/10/2004 ITT FLYGT CORPORATION RECONCILED YES 225.00 225.00 .00 74465 6/10/2004 JOHlg W NEGUS COMPAi~ RECONCILED YES 197.85 197.85 .00 74466 6/10/2004 LEGISLATIVE COUNSEL CO[~4 RECONCILED YES 40.00 40.00 .00 74467 6/10/2004 LES SCHWAB TIRE CENTER RECONCILED YES 932.90 932.90 .00 74468 6/10/2004 LINKO DATA SYSTEMS, INC RECONCILED YES 500.00 500.00 .00 74469 6/10/2004 ]~L~%RIKA JO/~]NSON RECONCILED YES 250.00 250.00 .00 74470 6/10/2004 [~ATTHEW K. GWYNN RECONCILED YES 59.98 59.98 .00 74471 6/10/2004 MESA LABS, INC. RECONCILED YES 841.00 841.00 .00 74472 6/10/2094 METROFUELING~ INC. RECONCILED YES 2,841.52 2~841.52 .00 74473 6/10/2004 MID WILLAMETTE VALLEY C~'L~ RECONCILED YES 150.00 150.00 .00 74474 6/10/2004 MOLALLA COMMUNICATIONS RECONCILED YES 127.35 127.35 .00 74475 6/10/2004 MURRAY CHEVROLET RECONCILF~3 YES 14,913.95 14,913.95 .00 PAGE 3 C I T Y O F W 0 0 D B U R N AP0460 WOODBURN LIVE VEEOT DATE 7/14/04 CHECK REGISTER TIME 14:42:52 STATUS UPDATED CHECK AMOUNT RECONCILED AJ~T DIFFERENCE CHECK ~ CHECK DATE PAYEE NAME ...... ======= ...... ============================= RECONCILED YES 215.00 ' ' 74476 74477 6/10/2004 74478 6/10/2004 74479 6/10/2004 74480 6/10/2004 744Sl 6/10/2004 74482 6/10/2004 74483 6/10/2004 74484 6/10/2004 74485 6/10/2004 74486 6/10/2004 74487 6/10/2004 74488 6/10/2004 74489 6/10/2004 74490 6/10/2004 74491 6/10/2004 74492 6/10/2004 74493 6/10/2004 74494 6/10/2004 74495 6/10/2004 74496 6/10/2004 74497 6/10/2004 74498 6/10/2004 74499 6/10/2004 74500 6/10/2004 74501 6/10/2004 74502 6/10/2004 74503 6/10/2004 74504 6/10/2004 74505 6/10/2004 74506 6/10/2004 74507 6/10/2004 74508 6/10/2004 74509 6/10/2004 74510 6/30/2004 74511 6/30/2004 74512 6/30/2004 74513 6/30/2004 74514 6/30/2004 74515 6/30/2004 74516 6/30/2004 74517 6/30/2004 74518 6/30/2004 74519 6/30/2004 74520 6/30/2004 74521 6/25/2004 74524 6/25/2004 74525 6/25/2004 74526 6/25/2004 74527 6/25/2004 74529 6/25/2004 74531 6/25/2004 74532 6/25/2004 NEOPOST NEXTEL COMMLrNICATIONS RECONCILED NOMARCO CONSTRUCTION INC RECONCILED NORCOM RECONCILED NORTH CREEK ANALYTICAL IN RECONCILED NORTHWEST NATURAL GAS RECONCILED OACP RECONCILED OR DEPT OF MOTOR VEHICLE RECONCILED OR DEPT OF MOTOR VEHICLE RECONCILED OREGONIAR pI/BLISHING CO. RECONCILED 0VS RECONCILED pLATT ELECTRIC CO RECONCILED POLAR SYSTEMS INC RECONCILED PORTLA~ GENERAL ELECTRIC RECONCILED PROMOTIONS WEST RECONCILED QWEST RECONCILED RECORDED BOOKS INC RECONCILED ROSE PAPER PRODUCTS RECONCILED RYAN HERCO CO. RECONCILED SCHETKY NORTHWEST SALES RECONCILED SCOT CUSTODIAL SUPPLY CO RECONCILED SECI/RITY FENCE RECONCILED SERVICE LINE, INC. RECONCILED SIERRA SPRINGS RECONCILED SILVERFLEET SYSTEMS RECONCILED TEK SYSTEMS INC RECONCILED UNITED DISPOSAL SERVICE RECONCILED UNIVAR USA INC RECONCILED UPS RECONCILED VALLEY PACIFIC FLOP,~ RECONCILED W.W. GRAINGER INC RECONCILED WOODBLDRN INDEPE~q0F~NT RECONCILED YES GRAPHICS RECONCILED DGS GENERAL CONSTRUCTION RECONCILED VALLEY MAILING SERVICE IN RECONCILED PHOENIX ASPHALT & MAIN CO RECONCILED DONALD J. CHORNSIDE RECONCILED VALLEY MAILING SERVICE IN RECONCILED WILDLIFE SAFkRI RECONCILED OR DEPT OF MOTOR VEHICLE RECONCILED REGAL ENTERTAINMENT GROUP RECONCILED CITY OF WOODBUNN PETTY CA RECONCILED VALLEY MAILING SERVICE IN RECONCILED EAGLE WEB PRESS RECONCILED A~i COUPLING RECONCILED ADVANCED RV PAINTING & RE RECONCILED ADVJ~NTAGE PRECAST INC RECONCILED AEROTEK INC RECONCILED AG WEST SUPPLY RECONCILED ALLWOOD INDUSTRIES INC RECONCILED AR~%MARK UNIFORM SERVICE I RECONCILED AT & T RECONCILED YES 959.09 959.09 YES 13,54500 13,545 00 YES 23,709.42 23,709.42 YES 225.00 225.DD YES 2,201.20 2,201.20 YES 382.00 382.00 YES 3.50 3.50 YES 194.00 194.00 YES 941.98 941.98 YES 949.30 349.30 YES 73.30 73.30 YES 5,927.60 5,927.60 YES 30,915.54 30,915.54 YES 457.50 457'80 YES 2,743.17 2,743.17 YES 97.58 97.58 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .0O .00 .00 .00 .00 .00 .00 PAGE 4 WOODBURN LIVE C I T Y 0 F W © O D B U R N AP0460 VEE©T DATE 7/14/04 CHECK REGISTER TIME 14:42:52 STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE 74536 6/25/2004 BEST WESTERN GREENTREE IN RECONCILED YES 193.92 74537 6/25/2004 BEULAH JORDAN RECONCILED YES 70.00 70.00 .00 74539 6/25/2004 BL~3MENTHAL ~3NIFORM & EQUI RECONCILED YES 186.53 186.53 .00 74540 6/25/2004 BRINKS HOMESECURITY RECONCILED YES 31.99 31.99 .00 74541 6/25/2004 CANBY FORD RECONCILED YES 1,230.00 1,230.00 .00 74542 6/25/2004 CAPITAL PAINT & DECORATIN RECONCILED YES 472.80 472.80 .00 74543 6/25/2004 CASCADE NUT & BOLT RECONCILED YES 158.16 158.16 .00 74544 6/25/2004 CDW GOVERN~F~NT INC RECONCILED YES 336.99 336.99 .00 74546 6/25/2004 CITY OF WOODB~/RN RECONCILED YES 70.11 70-11 .00 74547 6/25/2004 COLLEGIATE PACIFIC RECONCILED YES 71.82 71.82 74548 6/25/2004 COMPLETE WIRELESS SOLUTI0 RECONCILED YES 55.00 55.00 .00 74549 6/25/2004 CONSOLIDATED SUPPLY CO. RECONCILED YES 1,013.77 1,013.77 .00 74551 6/25/2004 COSTCO WHOLESALE RECONCILED YES 41.44 41.44 .00 74553 6/25/2004 CTL CORPORATION RECONCILED YES 32.37 32.37 74554 6/25/2004 DAILY JOURNAL OF COMMERCE RECONCILED YES 199.88 199.88 .00 74555 6/25/2004 DANEAL CONSTRUCTION INC RECONCILED YES 4,159.10 4,159.10 .00 74557 6/25/2004 DEPT OF ENVIRONMENTAL QUA RECONCILED YES 100.00 100.00 .00 74558 6/25/2004 DON CUSHING ASSOCIATES RECONCILED YES 24,835.00 24,835.00 .00 74559 6/25/2004 DP NORTHWEST INC RECONCILED YES 440.00 440.00 .00 74560 6/25/2004 DREYER'S GP.~D ICE CRF2%M RECONCILED YES 323.40 323.40 .00 74562 6/25/2004 ENVIRO CLE~N EQUIPM~NT RECONCILED YES 486.25 486.25 .00 74563 6/25/2004 ERNIE GP~ 0IL, INC RECONCILED YES 59.43 59.43 74566 6/25/2O04 FISHER'S p~/MP AND SUPPLY RECONCILED YES 923.00 923.00 .00 74567 6/25/2004 FP3%NK M MASON RECONCILED YES 130.00 130.00 .00 74568 6/25/2004 G.K. MAC}{INE RECONCILED YES 408.30 408.30 .00 74569 6/25/2004 ~AC}{ CHEMICAL CO. RECONCILED YES 322.30 322.30 74571 6/25/2004 HIRE CALLING INC RECONCILF~3 YES 1,238.57 1,238.57 .00 74572 6/28/2004 HOFFMA~, F~T & WAGNER LL RECONCILED YES 1,681.37 1,681'37 '00 74573 6/25/2004 HUBBARD CH~;ROLET RECONCILED YES 13.97 13.97 .00 74575 6/25/2004 IKON OFFICE SOLUTIONS RECONCILED YES 420.34 420.34 .00 74576 6/25/2004 IKON OFFICE SOLUTIONS RECONCILED YES 151.74 151.74 .00 74577 6/25/2004 INGERSOLL ~ND EQUIPMENT RECONCILED YES 2'938'96 2,938.96 .00 74578 6/25/2004 IOS CAPITAL RECONCILED YES 361.92 361.92 74579 6/25/2004 ITT FLYGT CORPORATION RECONCILED YES 1,400.00 1'400'00 74580 6/25/2004 JACK RAWLINGS RECONCILED YES 1,015-90 1'015'90 '00 74581 6/25/2004 JASON ALEF~ER RECONCILED YES 450.00 450.00 .00 74582 6/25/2004 OIM M~LDER RECONCILED YES 19.80 19.80 .00 74584 6/25/2004 KE~NEDY JENKS CONSULTAI~TS RECONCILED YES 155.158.09 155,158.09 .00 74587 6/25/2004 LINCOLN EQUIpMEnT CO RECONCILED YES 106.35 106.35 74589 6/25/2004 LUIS'S TAQLrERIA RECONCILED YES 79.25 79.25 .00 74591 6/25/2004 MAIN STREET TOWINO RECONCILED YES 237.00 237.00 .00 74593 6/25/2004 MARION COUNTY BLDG INSPEC RECONCILED YES 1.504.96 1.504.96 74594 6/25/2004 ~RION CODlqTY BLDG INSPEC RECONCILED YES 276.06 276.06 .00 74595 6/25/2004 MARION COUNTY CLERK RECONCILED YES 285.00 285.00 74596 6/25/2004 MARSH MCBIRNEY INC RECONCILED YES 818.96 818.96 .00 74599 6/25/2004 METROFUELING, INC. RECONCILED YES 2,910.58 2~910.58 .00 74603 6/25/2004 NETMOTION WIRELESS INC RECONCILED YES 1,781.25 1,781.25 .00 74605 6/25/2004 NORTH CREEK ~%NALYTICAL IN RECONCILED YES 1.365.20 1,365.20 .00 74606 6/25/2004 NORTHWEST ELEVATOR CO RECONCILED YES 900.00 900.00 .00 74607 6/25/2004 NORTHWEST GEOTECH INC RECONCILED YES 35.25 35.25 .00 74609 6/25/2004 ONE CALL CONCEPTS, INC RECONCILED YES 92.70 92.70 .00 74611 6/25/2004 OR DEPT OF TRANSPORTATION RECONCILED YES 24.52 24'52 '00 pAGE 5 C I T Y O F W 0 0 D B U R N AP0460 WOODBURN LIVE VEEOT DATE 7/14/04 CHECK REGISTER TIME 14~42:52 DIFFERENCE K ~ CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT - - CHEC ........................................................... ~ ............. ID SERVIC RECONCILED YES 48.0 .00 74612 6/25/2004 OR STATE POLICE 95.00 95.00 74616 6/25/2004 PIPE TOOL SPECIALITIES RECONCILED YES 464.25 74619 6/25/2004 74621 6/25/2004 74622 6/25/2004 74623 6/25/2004 74624 6/25/2004 74625 6/25/2004 74626 6/25/2004 74627 6/25/2004 74628 6/25/2004 74632 6/25/2004 74634 6/25/2004 74635 6/25/2004 74636 6/25/2004 74637 6/25/2004 74640 6/25/2004 74641 6/25/2004 74644 6/25/2004 74646 6/25/2004 74647 6/25/2004 74648 6/25/2004 74649 6/25/2004 BANK AP TOTAL: pUBLIC WORKS SUPPLY INC RECONCILED ROBERT RODRIGUEZ RECONCILED ROSE CITY STAMP INC RECONCILED S&$ WORLDWIDE RECONCILED SAFEWAY STORES RECONCILED SCOTT RUSSELL RECONCILED SHIRLEY BAUMGARDNER RECONCILED SIGNATURE FENCING RECONCILED SONITROL RECONCILED TAYLOR EONDA RECONCILED TEK SYSTEMS INC RECONCILED TOL~GEAU NOR WES RECONCILED TRUE CARE INC. RECONCILED TSI RECONCILED VAN WALSTIJN CONSULTING E RECONCILED VERIZON WIRELESS RECONCILED WIL~ETTE FLUID POWER IN RECONCILED WOODBURN INDEPENDENT RECONCILED WOODBL'RN RElqT ALL RECONCILED WOODBUP~ TOGETHER RECONCILED YES GRAPHICS RECONCILED 234 CHECKS YES 46425 .00 YES 280.00 280.00 YES 11.00 11'00 '00 YES 769.40 769'40 '00 YES 73.06 73.06 .00 yES 70.25 70.25 .00 YES 20.59 20.59 YES 1,536.25 1,536.25 .00 YES 55.00 55.00 YES 79.98 79'98 YES 368.00 368.0s .00 YES 3,079.00 3,079.00 .00 YES 320.00 320.00 .00 YES 4~140.00 4,140.00 YES 296.05 296.25 .00 YES 670.26 670.26 .00 YES 96.05 96.05 .00 YES 306.00 306.00 YES 20.00 20.00 .00 YES 400.00 400.00 .00 48.00 48.00 .00 YES ....................... 1,450,616.96 1,450,616.96 .00 RECONCILED .... : 234 CHECKS NOT RECONCILED · - : ~7~ECKS VOIDED ..... : CHECKS UPDATED ..... : 234 CHECKS NOT UPDATED . . . : CHECKS 1,450,616-96 .00 .00 1.450,616.96 .00 Revenue Comparison Woodburn Memorial Aquatic Center FY '2002-03 v.s. FY '2003-04 TOTAL Att~xac~ % Diff~nex $0.00 $9 581.00 $1 860.00 $657.50 $3,824.70 $22,511.07 9,192 al 2003 2002 2003 $8,095.53 $7 082~)2 $6 516.2.~ $2,061.97 $1 076.75 $747.5( $9 240.29 $5 707.63 $6 008.1-s $765.22 $157.50 $320.00 $3,581.84 812.04 $2,839.27 $24,299.83 $17,295.54 $17,305.47 8,253 6,747 5,838 1,788.76 9.93 7.95% 0.06% Jan 2003 Jan 2004 Fob 2003 Fob 2004 Mar 2003 ~$187.50 TOTAL $29,438.20 Altoad. anc~ 6,715 Year Io date by account 8p~ial ~nta $712.5~0 ~ 800.00 $862.25 ~$574.60 $259.00 $17,284.02 $13,896.10 $22,373.95 $15,500.55 $19~66.00 $21,646.38 $14,495.69 4560 5,855 5178 5,799 5644 6,612 5398 -12,154.18 8,477.85 3,865.45 -7,150.69 -41.29% 61.01% 24.94% -33.03% 67,206 66,563 /$643.69 37,355 34,426 ($2,928.63 44,102 56,183 $127081.35 $191~47.62 S196,~5.53 $5,337.91 Year To Date Summary percent Chan~e ear TO Date AtteDdnnce $191,247.62 $196,585.53 $5,337.91 $7412.76 $2,099.47 $16,751.75 $3-,671.47 $2,902.75 $3 772.82 d~o4enue Budget Estimates [Mon~ly Buds~t $39,430.00 ~tuall Dolla~ Sl~t Y T D $450,2~3.9 ~Co~ Rccov~n~ Rat~ Y T D 12 nmath total $19L247.62 Department Totals Summary Non- NR-Child ~lR-Youth NR-Adult Description ~es,Child Res.Youth Res. Adult Res. Sen Res. Sen June 03 1813 362 624 96 95 42~ 112 21~. July 03 1983 452 243.~ 91 129 56 13 38 &~,~,,-~ 03 1463 379 51C 77 10~ 248 58 132 September 03 493 129 380 71 10E 99 52 153 G~,~,e~ 03 366 111 347 49 90 90 37 172 November 03 379 137 259 54 109 118 46 168 _n~c__-_~ber 93 27{: 11E 297 61 84 7 118 50 Januar~ 04 453 193 403 43 88 156 34 20(~ Febmar~ 64 61E 251 427 58 121 165 48 182 March 04 89( 270 584 47 104 11 54 19C April 04 878 199 45E 61 90 171 55 16~ Ma), 04 793 152 41 a 83 114 119 38 133 J,_me 04 1548 526 69'J 108 102 229 61 159 Totals 11953 3279 774~ 899 1332 1895 728 1955 July 26, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ // Ordinance to Approve Conditional Use Ca~'e File No. (Cottonwood Financial) 04-02 RECOMMENDATION: It is recommended that the City Council adopt the attached approving Conditional Use Case File No. 04-02. BACKGROUND: ordinance The City Council, at its July 12, 2004 meeting, conducted a public hearing concerning the above referenced application. At the conclusion of that hearing, the Council directed staff to prepare an ordinance to adopt findings in support of approval of Conditional Use Case File No. 04-02. That ordinance is attached. DISCUSSION: None. FINANCIAL IMPACT: None. Agenda Item Review: City Administrato~''~ City Attorney /V?/,.) Financek.~ 24 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE APPROVING CONDITIONAL USE APPLICATION CASE FILE NO. 04- 02, AFFECTING PROPERTY LOCATED AT 790 LAWSON AVENUE; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Cottonwood Financial, submitted Conditional Use Application Case File No. 04-02 for conditional use approval to operate a pay day loan business on the property located at 790 Lawson Avenue; and WHEREAS, the Woodbum Planning Commission previously approved said application; and WHEREAS, the Woodbum City Council called this approval up for its review; and WHEREAS, the Woodburn City Council has conducted a public headng and reviewed the record in Conditional Use Application Case File No. 04-02; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That based upon the findings and conclusions contained in Exhibit "A" which is affixed hereto and by this reference incorporated herein, Conditional Use Application Case File No. 04-02 is approved. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, 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 Passed by the Council Approved: Kathryn Figley, Mayor Page COUNCILBILLNO. ORDINANCE NO. 2S Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page COUNCIL BILL NO. ORDINANCE NO. EXHIBIT "A" FINDINGS & CONCLUSIONS CONDITIONAL USE 04-02 II. III. APPLICATION INFORMATION: Applicant: Cottonwood Financial ATTN: Jonna L. Etheredge 1300 W. Walnut Hill Lane Suite 255 Iwing, Texas 75038 Property Owner: Cantweil Development, LLC 29783 Town Center Loop W. Wilsonville, OR 97070 NATURE OF THE APPLICATION: The applicant is requesting Conditional Use approval to operate a pay day loan business. The property is zoned General Commercial (CG). A pay day loan establishment requires conditional use approval in the CG zone. RELEVANT FACTS: The subject site is located on the northeast comer of Lawson Avenue and Stacey Allison Way. It can be identified specifically on Marion County Assessor Map T5S, R2W, Section 12C, Tax Lot 602. A commercial business (Subway) is currently operating their business on the subject property. The subject property is zoned Commercial General (CG) and designated Commercial on the Woodbum Comprehensive Plan Map. The properties to the east, north and west (across Lawson Avenue) are zoned Commercial General (CG) and designated Commercial on the Woodbum Comprehensive Plan Map. The commercial property to the east is in use as a Super 8 Motel. The commercial property to the north is in use as an Exxon gas station and carwash. The commercial property to the west (across Lawson Avenue) is being used by Burger King. The property to the south of the westerly portion of the site (across Stacey Allison Way) is zoned Medium Density Residential (RM), designated Residential Greater Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and is where the Barclay Square Apartments are located. Property to the south of the easterly portion of the site is zoned Commercial Office and designated as Commercial on the Woodbum Comprehensive Plan Map. This property is being CU 04-02 Page I 2'7 used by the Silver Creek Nursing Home and medical offices. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. The subject pmpertywas constructed as a large vehicle parking lot when the Super 8 Motel was reviewed under the site plan review process (Site Plan Review Case File No. 1995-05). On August 28, 2003 the Woodbum Planning Commission approved a 4,020 square foot commemial building with 1,888 square feet of office tenant space and 2,132 square feet of restaurant tenant space (Subway). The Planning Commission also approved a variance on the subject site to allow the minimum drive-through and by-pass lane widths to be reduced from 12 feet to 9 feet. The total combined width for the drive-through and by-pass lane is 18 feet. The applicant, Cottonwood Financial, is proposing to operate their pay day loan business in the 1,888 square foot office tenant space located in the existing building on the subject site. Conditional use approval is required for a pay day loan business in the CG zone. RELEVANT APPROVAL CRITERIA: t) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use FINDINGS: 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use A. Purpose. A conditional uae Is an activity which la permitted In a zone but which, because of some characteristics which are not entirely compatible with other uses allowed In the zone, cannot be permitted outright. A public hearing and review of the proposed conditional uae and the Imposition of conditions, if necessary, Is Intended to Insure that the use proposed will be as compatible as practical with surrounding uses, and is in conformance with the requirements of the district and with other applicable criteria and standards. Conditions that Increase the maximum development standard of the WDO may be imposed without a concurrent variance. Conditions that decrease the minimum standards of a WDO development standard require a concurrent variance. CU 04-02 FINDING: The applicant is proposing a pay day loan business in the General Commercial (CG) zone. A pay day loan business is required to have conditional use approval in the CG zone. A public hearing is being held for the review of this application. Page 2 28 B. Criteria. The proposed use shall be permitted as a conditional use within the zoning district. FINDING: The applicant is proposing a pay day loan establishment. Section 2.106.03C.2 lists check cashing, pay day loans and cash transfer establishments, other than banks, as conditional uses in the CG zone This approval criterion is met. 2. The proposed use shall comply with the development standards of the zoning district, FINDING: On August 28, 2003 the Woodbum Planning Commission approved a 4,020 square foot commercial building with 1,888 square feet of office tenant space and 2,132 square feet of restaurant tenant space (Subway). The Planning Commission also approved a variance on the subject site to allow the minimum drive-through and by-pass lane widths to be reduced from 12 feet to 9 feet. Twenty six parking spaces (5 parking spaces for an office use and 21 parking spaces for the restaurant use) were required and have been constructed on the subject site for the proposed office and restaurant uses on the subject site. The proposed pay day loan use business is classified as an office use in the Off-street Parking Ratio Standards Table 3.1.2 of the WDO and 5 parking spaces are located on the subject site to accommodate this use. All of the improvements on the subject site comply with the development standards of the CG zone as was determined by the recent approval of the design review and variance requests on the subject site. No new development is being proposed by the applicant at this time. This approval criterion is met. 3. The proposed use shall be compatible with the surrounding properties. FINDING: The proposed use will be compatible with surrounding properties based on the following considerations. Considerations. Relevant factors to be considered in determining whether the proposed use is compatible Include: a. The suitability of the size, shape, location and topography of the site for the proposed use; CU 04-02 Page 3 39 CU 04-02 FINDING: The subject property is .63 acres in size, is located in a commercially zoned area, and meets the dimensional requirements in the CG zone. The topography of the property is fiat. The size, shape, location and topography will not impair the use of this property for a pay day loan establishment. b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; FINDING: Public water, sewer, street and pedestrian facilities currently serve the site. The existing infrastructure is sufficient for the proposed use. c. The Impact of the proposed use on the quality of the living environment: 1. Noise; FINDING: The proposed use is to be located in a commemial zone. Little to no noise will be generated with this use and all transactions associated with the business are to take place in the commercial building. 2. Illumination; FINDING: The existing outdoor lighting on the subject site has been designed and installed to meet the parking and loading area illumination requirements in Section 3.107.06.F.2 of the WDO. No lighting is proposed to be changed with this application. 3. Hours of operation; FINDING: The applicant states that '...the hours of operation for the proposed use will be between 9 am and 7 pm, Monday through Friday, and between 10 am and 2 pm on Saturday..." The proposed hours of operation are consistent with a commercial business and the surrounding commercial businesses. 4. Air quality; FINDING: The applicant states the "...proposed use will have no effect on the air quality or living environment...' The proposed use is not anticipated to affect air quality. Page 4 3O 5. Aesthetics; and FINDING: The recently constructed building and landscaping on the subject site meet the landscape and architectural design standards in the WDO. No new development is proposed. 6. Vehicular traffic. FINDING: The applicant states '...a minimal increase in vehicular traffic may be expected...' There will be no change in the vehicular traffic pattern. The traffic volume may slightly increase, but this should have a negligible affect on the overall site. d. The conformance of the proposed use with applicable Comprehensive Plan policies; and FINDING: The WDO implements the goals and policies specified in the Woodbum Comprehensive Plan. The proposed development complies with the applicable standards specified in the WDO as discussed throughout this report. e. The suitability of proposed conditions of approval to insure compatibility of the proposed uss with other uses in the vicinity. FINDING: No conditions of approval are necessary to insure compatibility with the surrounding uses because the proposed use is not anticipated to create any adverse impacts on the surrounding properties. The impacts of the proposed use will not differ from the impacts of uses that are permitted in the CG zone. VI. CONCLUSION: Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Conditional Use 04-02 can be made. CU 04-02 Page 5 31 WOODBURN lOB July 21,2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Public Works Program Manager ,~'~'~~'/ Septage Rate Increase RECOMMEND_ATION: Adopt the attached Ordinance that amends the rate charged for septage that is received and treated by the City Wastewater Treatment Plant. BACKGROUND: The septage rate has not been increased since 1995, when the rate for residential septage was set at 5.25 cents per gallon within a designated service area. Septage is solids from residential septic tanks that must be pumped every few years to prevent drain field plugging, system failure, and ultimate ground water contamination. These tanks are located at homes outside of the City of Woodburn, and this service is provided to protect the groundwater drinking water resource. Septage rates are typically not set in relation to treatment costs. Treatment costs are very Iow in comparison to the septage disposal charge. The treatment plant currently has enough capacity to treat an increased septage load comfortably. Septage is treated only through the digesters, facultative sludge lagoons, and then field spread on the poplars as a fertilizer. There is not a capacity concern since the total septage toad is a very small percentage of total plant capacity. The approved fiscal year 2004-2005 Capital Improvement Plan includes a project for a septage receiving station expansion. The expansion will add piping, pump and level control systems that nearly double the capacity of the station. The improvement will improve station efficiency and is estimated to cost $3O,OOO. Agenda Item Review: City Administrater<Z~' City Attorney Financ~ 32 Honorable Mayor and City Council July 21,2004 Page 2 Following are current residential septage rates for other wastewater treatment plants in the area: Clackamas County (Oregon City) Clean Water Services (Wash~ngto County) Silverton Salem $0.080 per gallon :$0.095 per gallon $0.120 per gallon $0.153 per gallon The DEQ encourages proper disposal of septic tank solids to protect the environment and prevent contamination of surface and groundwater resources. Residential septic tanks are located at homes outside of the City of Woodburn, and this septage disposal service is provided to protect the drinking water source. Woodburn has established septage rates that are reasonable and encourage proper disposal of the septage that does not harm the environment. Some treatment plants establish higher septage rates because of their treatment plant limitations. Last year the City of Woodburn treated 2,612,914 gallons of septage. The approved capital improvement project will expand the existing septage receiving station at the wastewater plant to almost double the capacity for receiving septage. This expansion will allow an increased volume of septage to be accepted by the treatment facility. The proposed rate increase will pay for the cost of the receiving station expansion in approximately the first year of operation based on estimated septage volumes. Similarly, the rate for commercial septage will also increased at approximately the same percentage rate as residential septage. The receipt of commercial septage is rare and will have no impact. The current septage rate service area restrictions are deleted as part of the rate modification. Staff is recommending that the residential septage rate be increased immediately to 6.25 cents per gallon and further increased to 7 cents per gallon on July 1, 2005. Similarly, the rate for commercial septage is also increased and while existing service area restrictions are deleted. Staff recommends that the ordinance approving the new septage rates be approved. FINANCIAL IMPACT: While dependent on the amount of septage received it is anticipated that revenue from the increase will be approximately $30,000 this fiscal year, which will pay for the cost of the receiving capacity project. COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2157, THE SEWER CHARGE ORDINANCE, AND DECLARING AN EMERGENCY WHEREAS, Ordinance 2157, the sewer charge ordinance, was enacted by the City Council in 1995, and WHEREAS, a rate for septage was established by this ordinance, and WHEREAS, the City Council finds that it is necessary to amend the rates established for septage: NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 5.E.6. of Ordinance 2157 is amended to readas follows: SEPTAGE - per truck load Residential, PER GALLON Commercial, PER GALLON $0.0625 $28/min. $0.0825 $28/min. Effective July 1, 2005 the septage rate will be: Residential, PER GALLON $0.070 Commercial, PER GALLON $0.095 $30/min. $30/min. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety so that the septage rate can be updated without delay. An emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: ~'~' ~ City Attorney Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Al-rEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10C July 26, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator-~ Resolution Authorizing the Transfer of Operating Contingency Appropriations During Fiscal Year 2004-05 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing transfer of operating contingency appropriations in the amount of $10,000 from account number 001.901.9971.5291 (General Fund Operating Contingency) to account number 001.199.1219.5419 (General Fund Non Departmental - Materials and Services). BACKGROUND: On July 12, 2004, the City Council awarded supplemental 2004 Tourism and Economic Development grants in amounts not-to-exceed $5,000 to the Woodburn Downtown Association and the Cascade Scenic Railway. The Council also approved a $10,000 Contingency Fund transfer to the General Fund Non-Departmental budget, to establish accounts for grant awards. DISCUSSION: Although your Council has approved the aforementioned Contingency Fund transfer, State budget law requires you to approve said transfers by resolution. Accordingly, the attached resolution, authorizing a $10,000 transfer from the General Fund Operating Contingency, to the Non-Departmental-Materials and Services account has been prepared for your adoption. FINANCIAL IMPACT: As indicated in the July 12, 2004 staff report, monies for supplemental TOT grant awards are reserved in cash balances, but not currently budgeted. When fund balances are adjusted at mid-year, $10,000 will be taken from the reserved cash balance to increase the General Fund balance and will be used to restore the Contingency Fund for this transaction. There will be no net cost to the General Fund resulting from this action. Agenda item Review: City Administrator ~-"~~''''' City Attorney Finance 35 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. WHEREAS, Oregon Revised Statutes 294.450 allows for thc transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, a transfer of General Fund operating contingency appropriations is necessary to provide additional tourism and economic development grant awards during fiscal year 2004-05 which are funded through revenues received from the City's trau.~ient occupancy tax, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriations: GENERAL FUND: Transfer From: Operating Contingency (001.901.9971.5921) Transfer To: Non-Departmental - Materials & Services (001.199.1219.5419) Approved as to Form:~' ~t/~ City Attorney $10,000 $10,000 APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in thc Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 36 1OD July 26, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council John C. Brown, City Administrator~'r-/~/ Resolution calling a Special Election to Allow Voters to Consider a General Obligation Bond Measure to Construct a Police Facility and Related Improvements It is recommended the City Council adopt the attached Resolution calling a Special Election to submit to the voters the question of contracting a general obligation bonded indebtedness in the amount of $7,066,000 to construct, equip, and furnish a City police facility; construct parking facilities; repay an interfund loan used to purchase property for this facility; construct related improvements; pay all costs incidental thereto; and provide environmental upgrades to an existing firing range. At it's July 12, 2004 meeting, the City Council considered a presentation on pre- design work for a new police facility. Following the presentation, the City Council unanimously approved the police facility design documents and program budget, and directed staff to prepare the appropriate documents to place a bond measure on the November 2, 2004 ballot to fund the design and construction of a new police facility. DISCUSSION: The attached resolution was prepared pursuant to Council direction, it will place a bond measure seeking $7,066,000 on the November 2, 2004 ballot. The purpose of the bond measure is to construct, equip, and furnish a city police facility; construct related parking facilities; to repay an inter-fund loan from Transportation Impact Fees that was used to purchase the property for this facility; to construct related improvements, such as necessary site infrastructure and circulation improvements to Highway 214 adjacent to the site; to provide Agenda Item Review: City Administrat _or~~r City Attorney ./¢",'~ Finance ~z7~ 37 Honorable Mayor and City Council July 26, 2004 Page 2 environmental upgrades to the police department's existing fidng range; and to pay all other costs incidental to the project. Pursuant to the project budget provided to your Council on July 12, 2004, the amount sought also indicates project design, project management, project contingencies and costs related to bond issuance. Space for 9-1-1 operations was discussed at your July 12, 2004 meeting. Costs associated with the construction of that space are included in the $7,066,000 total. Costs associated with equipping and furnishing that space are not included in the total. As well, the amount sought does not include funding for a second access to the site. Funding for that work can be provided from other City sources, once a location and design has been determined. There is no immediate financial impact associated with the recommended action. Costs associated with bond issuance, are estimated at $102,000 and are included, as is customary, in the amount sought from bond proceeds. This amount is expected to support the costs of issuance; bond insurance, if necessary; and financial advisor services. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $7,066,000 TO CONSTRUCT, EQUIP, AND FURNISH A CITY POLICE FACILITY; CONSTRUCT PARKING FACILITIES; REPAY AN INTERFUND LOAN USED TO PURCHASE PROPERTY FOR THIS FACILITY; CONSTRUCT RELATED IMPROVEMENTS; PAY ALL COSTS INCIDENTAL THERETO; AND PROVIDE ENVIRONMENTAL UPGRADES TO AN EXISTING FIRING RANGE. WHEREAS, the City finds that it is financially feasible and in its best interest to construct, equip, and furnish a City Police Facility; construct parking facilities; repay an interfund loan related to property purchased for this facility; construct related improvements; pay all costs incidental thereto; and provide environmental upgrades to an existing firing range (the "Project"); and WHEREAS, the total cost of the project is estimated to be $7,065,596 and this measure would authorize the City to issue bonds in an amount not to exceed $7,066,000; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. A special election is hereby called for the purpose of submitting to the qualified voters of the City the question of contracting a general obligation bond indebtedness in the name of the City in a sum not to exceed $7,066,000. Bond proceeds will be used to construct, equip and furnish a City Police Facility; construct parking facilities; repay an interfund loan related to property purchased for this facility; construct related improvements; pay all costs incidental thereto; and provide environmental upgrades to an existing firing range. The bonds shall mature over a period of not more than 21 years. Section 2. The special election hereby called shall be held in the City on November 2, 2004. The election shall be conducted pursuant to ORS 254.465 et seq.. Section 3. The City Recorder shall cause to be delivered to the Elections Officer of Marion County, Oregon the attached Notice of Bond Election (Attachment A), the terms of which are incorporated herein, not later than 61 days prior to the election. Section 4. The Elections Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 39 Section 5. The City Recorder shall give notice of the election by posting the attached Notice of Election at a conspicuous place in City Hall and two other public places in the City not less than ten (10) days prior to the election. ^pproved to Fo mD9. 25-- 7 City Attorney APPROVED: KATHRY'N FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 40 Attachment "A" NOTICE OF BOND ELECTION City of Woodburn Marion County, Oregon NOTICE IS HEREBY GIVEN that on November 2, 2004, an election will be held in City of Woodbum, Marion County, Oregon. The following question will be submitted to the qualified voters thereofi CITY OF WOODBURN CAPTION: POLICE FACILITY GENERAL OBLIGATION BOND AUTHORIZATION QUESTION: Shall the City be authorized to contract a general obligation bonded indebtedness in an amount not to exceed $7,066,0007 If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 1 lb, Atlicle XI of the Oregon Constitution. SUMMARY: This measure authorizes the City to issue general obligation bonds to construct, equip and furnish a City Police Facility; repay an interfund loan related to property purchased for this facility; construct parking facilities; construct related improvements; pay all costs incidental thereto; and provide environmental upgrades to an existing firing range. Police facilities and operations are now located at three different locations. This project would centralize police facilities and operations into one facility. The project provides space anticipated to meet police service needs for a minimum of 20 years. If approved, the new police facility would be located on Mt. Hood Avenue (Highway 214) adjacent to Legion Park. This location and facility will improve emergency response by reducing rail and traffic conflicts; increase forensic science capabilities and emergency operations capacity; improve coordination of all police divisions, and allow for more efficient use of police resources. Project costs are estimated at $7,065,596. The bonds would mature over a period of not to exceed 21 years. City ofWoodburn Mayor 41 IOE TO: FROM: SUBJECT: July 21,2004 Mayor and City Council through City Administrator Randy Scott, Senior Engineering Technician, through the Public Works Director ~'~' Right of Way and Easement Acceptance, Se~flemler Avenue It is recommended that the City Council accept the Right of Way Dedication and Permanent Utility Easement from Hammack's Market, Inc. as described on Attachment "A' and "B". BACKGR_.~__R(~: The improvement of the Intersection of Highway 214, Boones Ferry Road/Settlemier Avenue requires that propedies be acquired for the project that is being planned by the Oregon Depadment of Transportation (ODOT) for construction. By acquiring the proposed strip of land the city would complete the major activities expected of it to facilitate the construction of the intersection improvement. There are two documents attached for council action to complete the transaction. The city legal counsel has reviewed both of these documents. The dght of way conveyance terms for the future street widening of Settlemier Avenue near the intersection are outlined in Attachment "A". The Permanent Easement conveyance terms for the placement of utilities are outlined in Attachment "B". The operator of Gary's Market under the corporate name of Hammack's Market, Inc. is the legal owner of the property. No liens have been found on the preliminary title report. DISCUSSION: The Right of way conveyance varies in width but is approximately 1,099 square feet, the acquisition cost is $10.00 per square foot. The permanent utility easement is 5 feet in width and is approximately 677 square feet, the acquisition cost is $4.00 per square foot. The acquisition cost of the properly is based on the ' ~ Financ~ Agenda Item Review: City Administraf~'/~ City Attorney 42 Mayor and City Council July 21,2004 Page 2 council approved policy and the professionally appraised value previously reviewed by the council. FINANCIAL IMPACT: The $13,698 funding required for the conveyance is a pad of the budgeted Street Capital Improvement Fund for this project. Attachments: Attachment "A", Right of Way Conveyance Attachment "B", Permanent Utility Easement ATTACHMENT "A" WARRANTY DEED GRANTOR, HAMMACK'S MARKET, INC. conveys and warrants to GRANTEE, CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real property, free of encumbrances except as specifically set forth herein, situated in Marion County, Oregon. Consideration: The true and actual consideration for this transfer is $10,990.00. Tax Statements: Until a change is requested, all tax statements shall be sent to the following address: City of Woodbum, 270 Montgomery Street, Woodbum, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. The real property conveyed by this deed is legally described as follows: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit "B" Sketch for Legal Description of Permanent Easement which are by this reference incorporated hereto THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this _Zc~ day of _~"~ ~.[ ~- ,20 ~ Warranty Oeed Page 1 of 5 4.4 ATTACHMENT "A" Hammack's Market, Inc. '" ' G'~ry D. Hammack, President CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me this ~ ~-?~:~day of --~'(21,~G" 200~r- by Gary D Hammack as President of Hammack's Market, Inc. a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. OFFICIAL SEAL RANDY SOOTr NOTAF~¥ PUBLiC-OREGON COMMISSION NO. 357628 MY COMMISSION EXPIRES MAY 9, 2006 / PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of ) ss. The foregoing instrument was acknowledged before me this day of ., 20 by NOTARY PUBLIC FOR OREGON My Commission Expires: Warranty Deed Page 2 of 5 4S A'I"I'AgdHMENT "A" City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Coundl on the condition that the dedication conveyed is free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Warranty Deed Page 3 of 5 4.6 EXHIBIT "A" Legal Description Beginning at the Northeast Comer of Lot 1, Block l, Ben Hall's Addition to Woodbum as said subdivision is recorded in the Marion County, Oregon Book of Town Plats in Volume 4, Page 36; Thence S 13°00'00"W a distance of 130.00 feet to a point; Thence N02°44'26"E a distance of 30.49 feet to a point; Thence N08°23'07"E a distance ofS1.88 feet to a point; Thence Northwesterly along the arc of a 20.00 feet radius curve left (the chord of which bears N34°18'19"W 27.12 feet), an arc distance of 29.80 feet to a point on the north line of said Lot 1; Thence S77°00'00"E a distance of 31.95 feet to the point of beginning. The above-described parcel contains 1,099 square feet of land located in the Southwest Quarter of Section 7, Township 5 South, Range I West, Willamette Meridian, City of Woodbum, Marion County, Oregon. APN 5 IW 07CA 3100-3400 Warranty Deed Page 4 of 4 4,7 EXHIBIT "B" Sketch for Legal Description -- / , ~ 4;~415000 ] 2000 ? ~ / ~ -~0 ~o /' ~00 / 9~P~0030 / / / Warranty Deed Page 5 o1' 5 4,8 ATTACHMENT "B" AFTER RECORDING RETURN TO: Woodbum City Recorder City of Woodbum 270 Montgomery Street Woodbum, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENT (Permanent) HAMMACK'S MARKET, INC. GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent dght to construct, reconstruct, operate, and maintain public utilities and sidewalks on the following described land: A Public Utility Easement five feet in width, the easterly two feet of such width may also be used for walkway and bikeway. See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit "B" Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the wdtten permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition. The true consideration of this conveyance is Two Thousand Seven Hundred and Eight Dollars ($2,708.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements (Permanent) Page 1 of 5 ATTACHMI~m ~ o DATEDthis ~ dayof -.T'(.p~-- ,200~r7-. Hammack's Market, Inc. '"~G~ry D. Hamrnac'k, President CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Madon) ss. OFFICIAL SEAL RANDY SCOTI' NOTARY PUBLIC-OREGON COMMISSION NO. 35~628 MY COMMISSION EXPIRES MAY 9, 2006 The foregoing instrument was acknowledged before me this Z,¢~ day of · ..~,q~¢_~ 20c)~--by Gary D Hammack as President of Hammack's Market, Inc. a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY~,~I~IC FOR OREGON My Com~Tli~ssion Expires: /)'/~.-J/ ?, ~ Public Utility Easements (Permanent) Page 2 of 5 5O PERSONAL ACKNOWLEDGEMENT STATE OF OREGON, County of .) ss. The foregoing instrument was acknowledged before me this day of ,20 by NOTARY PUBLIC FOR OREGON My Commission Expires: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn after authorization by its City Council on the condition that the interests conveyed herein are free and clear from taxes, liens, and encumbrances. City Recorder: Mary Tennant Public Utility Easements (Permanent) Page 3 of 5 ATTACHMENT "ti" EXHIBIT "A" Legal Description of Permanent Easement Commencing at the northeast comer of Lot 1, Block 1, Ben Hall's Addition to Woodburn as said subdivision is recorded in the Madon County, Oregon Book of Town Plats in Volume 4, Page 36; Thence N 77° 00' 00" W a distance of 31.95 feet to a point: Thence Southeasterly, along the arc of a 20.00 feet radius curve to the right (the chord of which bears S 54° 59' 58" E 14.98 feet, an arc distance of 15.35 feet to the point of beginning; Thence Southeasterly, along the arc of a 20.00 feet radius curve to the dght (the chord of which bears S 12° 19' 30" E 14.14 feet), an arc distance of 14.45 feet to a point; Thence S 08° 23' 07" W a distance of 81.88 feet to a point; Thence S 02° 44' 26" W a distance of 30.49 feet to point on the Northerly right of way line of Settlemier Avenue; Thence S 13° 00' 00" W, along said dght of way line, a distance of 28.07 feet to a point; Thence leaving said Nodh right of way line, N 02° 44' 26" E a distance of 58.36 feet to a point; Thence N 08° 23' 07" E a distance of 95.35 feet to the point of beginning. The above-described parcel contains 677 square feet of land located in the Southwest Quarter of Section 7, Township 5 South, Range 1 West, Willamette Meridian, City of Woodburn, Marion County, Oregon. Public Utility Easements (Permanent) Page 4 of 5 5:3 EXHIBIT "B" Sketch of Permanent Easement For Hammack's Inc. o o NTS SEIYLEMIER AVE / Public Utility Easements (Permanent) Page 5 of 5 53 1OF July 26, 2004 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administratorc'~:~ SUBJECT: Purchase and Sales Agreement for Downtown Parking Lot Property RECOMMENDATION: It is recommended the City Council authorize the City Administrator to execute the attached Purchase and Sales Agreement, and all other related documents needed to purchase Assessor's Parcel #5 1W 18AB 2800. BACKGROUND: The City Council has authorized me to negotiate the purchase of a 2,500 square foot parcel located within the parking lot bounded by First, Hayes, and Garfield Streets. The property was the site of a tavern that burned several years ago. It was converted to parking lot use following the fire but remained in private ownership. It has been used for municipal parking and, pursuant to a private lease, by tenants of 397 N. Front Street. City ownership of the property is necessitated by plans to convert the parking lot into a plaza, as part of the City's urban renewal efforts. An appraisal completed in February 2004, which took into account both the value of the underlying land, and surface improvements, estimated the value of the property at $24,350. DISCUSSION: Tentative agreement was reached last week on a purchase price of $30,000. This is within the range discussed with your Council, and addresses the owner's concerns regarding the value of parking this parcel provides tenants at 397 N. Front Street. That value is difficult to estimate, and was not addressed by the appraisal, but has been of importance to the property owner. Staff believes $30,000 is a fair price for the property, considering the relatively small difference between it and the appraised value, and the additional cost of staff time and legal fees the City would incur if the property were adversely acquired. Agenda item Review: City Administrator<Z~"~-'~ City Attorne~/qG-.) FJnance~z/~ Honorable Mayor and City Council July 26, 2004 Page 2 e The attached Purchase and Sales Agreement specifies the terms and conditions of the purchase, which, with your approval, will be concluded within approximately a week. The agreement contemplates a cash purchase, in the amount of $30,000. In addition, based on custom and practice in Marion County, the agreement provides: · Buyer will pay recording fees · Seller and buyer will split escrow fees equally · Seller will pay any delinquent real propedy taxes, and taxes for the current year will be prorafed between seller and buyer In addition the Buyer will pay the cost of title insurance. Your approval of the attached Purchase and Sales Agreement will facilitate construction of the downtown plaza project. Without this parcel, the plaza project would be greatly compromised; in its design and usefulness, and in its effectiveness at remediafing parking-related problems through the provision of passive recreational space. For these reasons, your approval of the recommended actions is respectfully requested. FINANCIAL IMPACT: Funds to support this purchase are budgeted for the Plaza Project in the General Fund Capital Improvement Fund. Monies in that fund derive from the General Fund, and from the proceeds of the City's Urban Renewal Program. PURCHASE AND SALE AGREEMENT BETWEEN: BOB SOK HWAN KlM AMY AE KYUNG KlM 17228 32N° AVENUE WEST LINWOOD, WA 98037 SELLERS AND: CITY OF WOODBURN PURCHASER 270 MONTGOMERY STREET WOODBURN, OR 97071 RECITALS A. Sellers are the owners of real property located within the City of Woodburn, Marion County, Oregon, more particularly described on Exhibit A attached hereto (the "Property"). B. Purchaser is a Municipal Corporation that desires to purchase the property in order to construct a park for the benefit of the public. C. Sellers desire to sell the Property to Purchaser, and Purchaser desires to purchase the Property from Sellers, on the terms and conditions set forth in this Purchase and Sale Agreement (the "Agreement"). NOW, THEREFORE, for value received and in consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. PURCHASE AND SALE OF THE PROPERTY. Sellers agree to sell the Property to Purchaser, and Purchaser agrees to purchase the Property from Sellers, on the terms and conditions set forth in this Agreement. 2. TOTAL PURCHASE PRICE. The total purchase price for the Property is $30,000 (the "Purchase Price"). Purchaser shall pay Seller, and Seller shall accept as payment-in-full a total of $30,000 for the property. 3. PRELIMINARY TITLE REPORT. Sellers shall furnish to Purchaser a preliminary title report prepared by the Title Company showing its willingness to issue title insurance on the Property (the "Title Report"). Purchaser shall review the Title Report and notify Sellers, in writing, of Purchaser's disapproval of any unacceptable exceptions shown in the Title Report. However, notwithstanding anything in this Agreement to the contrary, zoning ordinances, building and use restrictions imposed by governmental authority, utility easements and reservations in federal patents or state deeds shall be acceptable exceptions to Sellers' title. If Purchaser notifies Sellers in writing of disapproval of any unacceptable exceptions in the Title Report, such notifications shall terminate this Agreement. Page 1 - Purchase and Sale Agreement (Klm) 4. CLOSING. 4.1 Manner and Place of Closin.q. This transaction will be closed in escrow at the First American Title Company, Woodburn office. Closing shall take place in the manner and in accordance with the provisions set forth in this Agreement. 4.2 Taxes. Any delinquent real property taxes shall be paid by Sellers. Real property taxes for current tax year shall be pro rated between Sellers and Buyer. 4.3 Title Insurance Costs. Purchaser shall pay for the cost of title insurance required by this Agreement. 4.4 and Purchaser. Escrow Fees. Escrow fees shall be split equally between Sellers 4.5 Recording Fees. Purchaser shall pay for all recording fees. 4.6 Payment of the Purchase Price. At the time of closing, Purchaser shall pay to Sellers $30,000. 4.7 Events of ClosinR. Provided the Title Company has received the Purchase Price and is in a position to cause the title insurance policy to be issued as described below, this transaction will be closed as follows: (a) The Title Company shall deliver its commitment to issue a title insurance policy described in Section 4.6; (b) Sellers shall execute a Warranty Deed (the "Deed"), to Purchaser; (c) The Title Company shall record the Deed. 4.8 Title Insurance. As soon as reasonably practical after the Closing Date, the Title Company shall be instructed to furnish Purchaser with an owner's policy of title insurance, standard form, in the amount of the Purchase Price, insuring Purchaser's interest in the Property subject only to the standard printed exceptions and exceptions for the matters accepted by Purchaser pursuant to Section 3. 4.9 Possession. Sellers shall deliver possession of the Property to Purchaser immediately after closing has occurred. 5. SELLERS' WARRANTIES. 5.1 Sellers warrant that they own good and marketable title to the Property subject only to the standard printed exceptions and exceptions for the matters accepted by Purchaser pursuant to Section 3. Page 2 - Purchase and Sale Agreement (Kim) 5'/ 5.2 Sellers warrant that they have used the Property in compliance with all applicable laws and regulations, and that Sellers have not received and is not aware of any notification from any governmental agency having jurisdiction requiring any work to be done on the Property in order for it to conform to the applicable building code. 6. ENVIRONMENTAL ASSESSMENT. Before closing, Purchaser may engage consultants or engineers of Purchaser's choosing to conduct an environmental assessment of the Property as Purchaser deems necessary. Purchaser or its agents shall have the right to enter the Property at reasonable times before the Closing Date to make such environmental assessment at Purchaser's expense and risk. Purchaser shall indemnify and hold the Sellers harmless from any loss, damage, or claim arising out of Purchaser's access to the Property for the purpose of making the environmental assessment. It shall be a condition to closing that the results of such environmental assessment be acceptable to Purchaser in its sole discretion. 7. GENERAL PROVISIONS. 7.1 Assiqnment. Purchaser may not assign this Agreement without the prior written consent of Sellers, which consent Sellers may withhold in its sole and absolute discretion. 7.2 Bindin.q Effect. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, personal representatives, successors, and assigns, but nothing contained in this Section shall alter the restriction against assignment without Sellers' prior written consent. 7.3 Notices. Notices under this Agreement shall be in writing and shall be effective when actually delivered or telecopied. If mailed, a notice shall be deemed effective on the second day after deposited as registered or certified mail, postage prepaid, directed to the parties as follows: To Sellers: Bob Sok Hwan Klm Amy Ae Kyung Klm 17228 32nd Avenue West Linwood, WA 98037 To Purchaser: City of Woodburn c/o John C. Brown City Administrator 270 Montgomery Street Woodburn, OR 97071 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. 7.4 Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the Page 3 - Purchase and Sale Agreement (Klm) provision. Waiver of any breach of any provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 7.5 Indemnification. Purchaser shall hold Sellers harmless and indemnify Sellers against any loss, cost, or expense in connection with any inspection of the Property by Purchaser. Purchaser shall repair any damage to the Property caused by its inspections or tests, if any. 7.6 Attorney Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. 7.7 Prior Aqreements. This Agreement supersedes and replaces all written and oral agreements previously made or existing between the parties. 7.8 Applicable Law. This Agreement shall be construed, applied, and enfomed in accordance with the laws of the state of Oregon. 7.9 Brokers. Purchaser and Sellers acknowledge and agree that they have employed no real estate brokers or finders in connection with the sale and purchase of the Property. 7.10 Chanqe in Writin.q. This Agreement and any of its terms may only be changed, waived, discharged, or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge, or termination is sought. 7.11 Invalidity of Provisions. In the event any provision of this Agreement, or any instrument to be delivered by Purchaser at closing pursuant to this Agreement, is declared invalid or is unenforceable for any reason, such provision shall be deleted from such document and shall not invalidate any other provision contained in the document. 7.12 Descriptive Headin.qs. The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. IT WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY Page 4 - Purchase and Sale Agreement (Klm) SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. SELLERS: PURCHASER: Bob Sok Hwan Klm Dated: Amy Ae Kyung Kim Dated: City of Woodburn by John C, Brown, City Administrator Dated: Page 5 - Purchase and Sale Agreement (Kim) 60 STATE OF WASHINGTON ) County of ) On this day of ,2004, personally appeared before me the above-named Bob Sok Hwan Kim, who being first duly sworn, and that said instrument was signed and sealed, and he acknowledged said instrument to be his voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF WASHINGTON ) ) SS. County of ) On this day of ,2004, personally appeared before me the above-named Amy Ae Kyung Klm, who being first duly sworn, and that said instrument was signed and sealed, and she acknowledged said instrument to be her voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON County of Marion On this day of ,2004, personally appeared before me the above-named John C. Brown, who being first duly sworn, did say that he is the City Administrator of the City of Woodbum, and that said instrument was signed and sealed on behalf of the City, and he acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 6 - Purchase and Sale Agreement (Kim) 61 EXHIBIT "A" LEGAL DESCRIPTION Beginning at a point on the Southerly boundary line of Hayes Street in the City of Woodburn, Marion County, Oregon, which is South 48° 45' East 75.00 feet from the most Northerly corner of Lot 8, Block 2, of the City of Woodburn, Marion County, Oregon, (See Volume 1, Page 39, Record of Town Plats of Marion County, Oregon); thence South 410 15' West parallel with the Northwesterly line of Lots 8 and 7, in said Block 2, 100.00 feet to the Southwesterly line of said Lot 7; thence South 48° 45' East along Southwesterly line of said Lot 7, 25.00 feet to the most Southerly corner of said Lot 7; then North 41° 15' East along the Southeasterly line of Lots 7 and 8, 100.00 feet to the most Easterly corner of said Lot 8; thence North 480 45' West along the Northeasterly line of said Lot 8, 25.00 feet to the place of beginning. Page 7 - Purchase and Sale Agreement (Kim) July 26, 2004 TO: FROM: SUBJECT: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development /~ V Planning Commission's Approval of Design Review 03-19 Variance 04-02. and 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 it it desires. BACKGROUND: On July 22, 2004, the Planning Commission adopted a final order approving Design Review 03-19 and Variance 04-02 to construct an 8,610 square foot industrial storage building on the subject site located at 130 Birds Eye Avenue. The Planning Commission also approved the applicant's variance request to reduce the required 60-foot right of way width on Birds Eye Avenue to 50 feet. The subject property is 0.59 acres in size and located at 130 Birds Eye Avenue. It can be identified specifically on Marion County Assessor Map TSS, R lW, Section 17CB, Tax Lot #500. The applicant is proposing to construct an 8,610 square foot storage building on the subject site. The subject site is currently a graveled site being used for outdoor storage. A chain link fence is located on the west, east and south property lines. The subject property is zoned Light Industrial (IL) and designated Industrial on the Woodburn Comprehensive Plan Map. The properties to the north and east are also zoned IL and designated Industrial on the Woodburn Comprehensive Plan Map. Industrial uses are located on these properties. The property to the west (across Birds Eye Avenue) is zoned Commercial General (CO) and designated Commercial on the Woodburn Comprehensive Plan Map. A building supply business is located on the property to the west. The property to the south is the Southern Pacific Railroad right of way. No wetlands are located on the subject site and it is located outside of the 500-year floodplain. Agenda Item Review: City Administrato¢~-/~ City Attorney ~/'/",.~ Financ Honorable Mayor and City Council July 26, 2004 Page 2 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action.