Agenda - 09/13/2004
WOODBURN CITY COUNCIL
AGENDA
SEPTEMBER 13,2004 -7:00 P.M.
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Woodburn Public Library is now open again on Sunday
afternoons from 1 :00 p,m, to 5:00 p,m,
B. A Joint City Council/Planning Commission Workshop regarding
the draft Transportation System Plan will be held on
September 20, 2004 at 6:30 p,m, at City Hall.
C, A public hearing to consider Variance 04-10, Wesmar Land
Company, will be held on September 27, 2004,
0, There is one vacancy on the Recreation and Park Board, If you
are interested in serving on this board, please call City Hall at
982-5228 for an application,
Appointments:
E. Catherine Holland, Library Board
Joseph Nicoletti, Recreation and Parks Board
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4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Silverton Hospital Community Benefit Report - Patrick Vance
B, Boones Ferry Widening Project Status Update - Frank Tiwari
2
OOHabra iJ1terpretes oispoJ1ibles para aquellas persoJ1as que no bablan Ingles, previo acueroo, Comuniquese
al (503) 980-.2485:'
September 13, 2004
Council Agenda
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5. COMMITTEE REPORTS
A Chamber of Commerce
B, Woodburn Downtown Association
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. 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 August 23,2004, regular and 8
executive sessions
Recommended Action: Approve the Woodburn City Council
minutes,
B. Woodburn Planning Commission minutes of August 12, 2004 13
Recommended Action: Accept the minutes,
C. Woodburn Planning Commission minutes of August 19, 2004 14
Recommended Action: Accept the minutes,
D. Woodburn Planning Commission minutes of August 26, 2004 28
Recommended Action: Accept the minutes,
E. Building Activity for August 2004 32
Recommended Action: Accept the report.
F. Planning Project Tracking Sheet dated September 1, 2004 33
Recommended Action: Accept the report.
G. Street Tree Removal 461 Cleveland
Recommended Action: Accept the report,
36
9. TABLED BUSINESS
A. Council Bill No. 2526 - Ordinance amending Ordinance No. 38
1965, the sanitary sewer and water service and declaring an
emergency
Recommended Action: Adopt the ordinance,
September 13, 2004
Council Agenda
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10. PUBLIC HEARINGS
A. Northwest Natural Franchise 44
Recommended Action: Continue the public hearing
regarding Northwest Natural Gas Company's franchise
agreement until the Council's regular meeting of September
27, 2004,
11. GENERAL BUSINESS - Members of the public wishing to comment on
items of general business must complete and submit a speaker's card
to the City Recorder prior to commencing this portion of the Council's
agenda, Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2527 - Ordinance amending Ordinance No. 45
2133, the Northwest Natural Gas Company Franchise, to
extend said ordinance until September 30, 2004 and declaring
an emergency
Recommended Action: Adopt the ordinance,
B. Council Bill No. 2528 - Resolution calling for a public hearing on 49
the annexation of certain property located south of Smith Drive,
approximately 730 feet west of Settlemier Avenue at 515
Settlemier Avenue
Recommended Action: Adopt the resolution,
C. Council Bill No. 2529 - Resolution entering into Grant 52
Agreement No. 21937 with the State of Oregon and authorizing
the City Administrator to sign such agreement.
Recommended Action: Adopt the resolution,
D. Contract for Financial Advisor for Police Bond Issue 66
Recommended Action: Authorize the City Administrator to
sign a contract with Regional Financial Advisors, Inc, to act as
the City's Financial Advisor on the Police Bond issue,
E. Purchase and Sale Agreement - First and Oak Street Properties 73
Recommended Action: Authorize the City Administrator to
execute a purchase and sale agreement, and all other related
documents needed to purchase lots at 175 S, First Street and
200 Oak Street.
September 13, 2004
Council Agenda
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12. NEW BUSINESS
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council,
A. Planning Commission's Approval of Design Review 04-04, 84
Variance 04-16 and Variance 04-17 (Mt. Hood and 99E)
B. Planning Commission's Approval of Planned Unit Development 86
04-03, Phasing Plan 04-02, Variance 04-11 (Variances A, Band
C), Variance 04-12, Variance 04-13, Variance 04-14 and
Variance 04-18 (Tukwila Drive)
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. To review and evaluate, pursuant to standards, criteria and
policy directives adopted by the governing body, the
employment-related performance of the chief executive
officer of any public body, a public officer, employee or staff
member unless the person whose performance is being
reviewed and evaluated requests an open hearing pursuant
to ORS 192.660 (1)(i),
17. ADJOURNMENT
September 13, 2004
Council Agenda
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September 10, 2004
FROM:
City Council <
Kathy Hgley, Maya' ()I-
Board Appointments
TO:
SUBJECT:
The following board appointments are made, subject to the approval of the
Council. Please forward any adverse comments to me prior to Council Meeting
Monday, September 13, 2004, No reply is required if you approve of my
decisions,
LIBRARY BOARD
Position I - Catherine Holland - term ends 12/31/06
RECREATION AND PARKS BOARD
Position III - Joseph Nicoletti - term ends 12/31/06
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September 8. 2004
TO:
Honorable Mayor and City Council through City Administrator
FROM:
Randy Scott. Senior En~~~~g Tegmician. through the Public
Works Director 0. /"'7 ftL/
Boones Ferry Road Street Improvement
SUBJECT:
BACKGROUND:
The Boones Ferry Road and Highway 214 intersection improvement project has
been conducted in several phases, The street improvements north of Goose
Creek have been completed. The Boones Ferry Road widening improvement
and utility undergrounding improvement south of Goose Creek is nearing
completion, The installation of the temporary traffic signal is on hold until the
construction permit is issued by the Oregon Department of Transportation
(ODOT). The Boones Ferry/Settlemier and Highway 214 intersection improvement
is the last phase of the project
INFORMATION:
The utility undergrounding project was awarded to C & M Construction, Utilities
have been installed underground on Boones Ferry from Goose Creek to
Highway 214. on Settlemier from Hwy 214 to approximately Church Street. The
contractor has yet to install street lighting on the west side of Boones Ferry, The
type of streetlight was changed to a double davit style adjacent to the school.
The street improvement portion of the project was awarded to Salem Road and
Driveway, The project widened Boones Ferry Road from Goose Creek to Hwy
214 and modified the school parking lot to accommodate the widening, The
construction was substantially complete and the interim traffic pattern was in
place prior to school commencing on September 7, The contractor does
however have some minor activities to complete and landscaping work needs
to be done,
Agenda Item Review: City Administrato
City A Horney 'l-
Finance
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Honorable Mayor and City Council
September 8, 2004
Page 2
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The temporary signal was awarded to Lantz Electric. This portion has been
delayed pending final approval of the design plans and issuance of a
construction permit by ODOT. The project scope would remove the existing
traffic signal and install a temporary signal: the temporary signal will function
until the permanent signal is constructed as part of the intersection
improvement. The installation of the temporary signal and removal of the
existing signal is expected to be complete by the middle of November. The
intersection is currently functioning with the interim traffic pattern (attachment 2)
in place until the temporary signal is installed,
Boones Ferry Road, Settlemier Avenue and Highway 214 intersection
improvement project, which includes a permanent signal. will be administered
by ODOT. The project is being scheduled for a February 2005 bid award, After
bid award, the selected contractor will not start work until the signal poles are
obtained. It is anticipated that work on the intersection improvement will not
begin until approximately June 2005,
Attached to this memo are drawings showing the traffic patterns at the
intersection with each phase of the project
Attachment 1
Attachment 2
Attachment 3
Attachment 4
The original traffic pattern
The Interim traffic pattern
The temporary signal traffic pattern signal
he permanent signal traffic pattern signal
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BOONE'S FERRY ROAD IMPROVEMENTS
&TEMPORARYS~IMPROVEMENTS
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COUNCIL MEETING MINUTES
AUGUST 23, 2004
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 2004.
CONVENED. The meeting convened at 7:00 p.m, with Mayor Figley presiding,
0005 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Public Works Manager Rohman, Senior Planner Zwerdling,
Management Analyst Smith, Recorder Tennant
ANNOUNCEMENTS.
A) Music in the Park: Library Park at 7:00 p.m.
August 24, 2004 - Golden Bough - classical Irish band from San Francisco
August 31, 2004 - J oni Hanns - country music singer
These are the last two music performances for this year,
B) Public Hearing: Northwest Natural Gas Company franchise hearing has been
continued to September 13, 2004
C) Curbside Food Drive: United Disposal Service will be collecting non-perishable
food donations at residential curbs on their customers next regularly scheduled recycle
day in September, This annual event is sponsored by the Mid-Valley Garbage &
Recycling Association and donations will be given to the Marion Polk Food Share,
D) Park & Recreation Board: There are two vacancies on this board and individuals
interested in serving on the Board are asked to call the Mayor's office for an application,
E) Planning Commission: There is a vacancy on the Planning Commission and
individuals interested in serving on the Commission are asked to call the Mayor's office
for an application,
F) Celebration of Mexican Independence (September 16): This annual celebration will
be held on September 11 and 12 in Settiemier Park from 10:00 am to 9:00 pm on both
days. The event will include numerous family and cultural events, mariachis, food,
games, and prizes, The main event, Celebration of Grito, will be held on September 12th
at 7:00 p.m" The public is encouraged to attend this event,
Page I - Council Meeting Minutes, August 23, 2004
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COUNCIL MEETING MINUTES
AUGUST 23, 2004
TAPE
READING
0185 CHAMBER OF COMMERCE REPORT.
Walt Blomberg, representing the Chamber Board, provided information on the upcoming
Chamber events:
1) Farewell Open House - August 31 ": The Chamber will be hosting a farewell open
house for Jerry Wheeler who has taken a position as Director of the Lake Oswego
Chamber of Commerce,
2) Wellness Expo - August 28th, This event will be sponsored by Cascade Park and
Countryside Living,
0275 CONSENT AGENDA.
A) approve the regular and executive session minutes of August 9, 2004;
B) accept the Library Board minutes of July 14, 2004;
C) accept the Planning Commission minutes of July 22, 2004;
D) accept the Library Monthly Report for July 2004;
E) accept the Police Department Statistics report for June 2004;
F) accept the Claims for July 2004;
G) accept the Aquatic Center Revenue Comparison report;
H) accept the Street Closure report;
I) accept the Park Avenue Traffic Signal Warrant Study report;
J) receive the information on the execution of Resolution No, 1757 (Council Bill 2511);
K) receive the information on the addition of a School Crossing on W, Hayes Street at
Cozy Way; and
L) receive the information on traffic flagging operations on Arney Road at N. Woodland
on September 4,5 and 6, 2004,10:00 am to 7:00 pm, to facilitate traffic flow to and from
Woodburn Company Stores, The flaggers will be licensed and bonded and under
contract with Woodburn Company Stores.
NICHOLS/LONERGAN... adopt the consent agenda as presented, The motion passed
unanimously.
0342 COUNCIL BILL NO. 2525 - ORDINANCE AMENDING ORD. 1652
(TECHNICAL AND ENVIRONMENTAL SERVICES CHARGE ORDINANCE).
Councilor Sifuentez introduced Council Bill 2525, Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council. On roll
call vote for final passage, the bill passed unanimously, Mayor Figley declared Council
Bill 2525 duly passed with the emergency clause,
0425 COUNCIL BILL NO. 2526 - ORDINANCE AMENDING ORD. 1965 (SANITARY
SEWER AND WATER SERVICE ORDINANCE).
Council Bill 2526 was introduced by Councilor Sifuentez,
Councilor Cox stated that he had concerns regarding language in the proposed ordinance
and has been discussing his concerns with Administrator Brown,
Page 2 - Council Meeting Minutes, August 23, 2004
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COUNCIL MEETING MINUTES
AUGUST 23, 2004
TAPE
READING
COX/BJELLAND... this ordinance be tabled until the next regular meeting and referred
back to staff. The motion passed unanimously,
0552 OREGON LlOUOR LICENSE CHANGE OF OWNERSHIP - SALVADOR'S
BAKERY III. 320 N. Pacific Hi2hwav.
Staff recommended the approval of the change of ownership request submitted by the
new owners/limited partners Rita Aviles, Sylvia Aviles, and Francisco Melendez, The
owners have entered into a compliance plan with the Police Department.
BJELLAND/SIFUENTEZ.... approve a change of ownership application for Salvador's
Bakery ill, The motion passed 4-1 with Councilor Nichols voting nay.
0591 OREGON LlOUOR LICENSE CHANGE OF OWNERSHIP - THE END ZONE.
980 N. Pacific Hil!hwav.
Staff recommended the approval of the change of ownership application submitted by B.
Sydney Enterprises, LLC,
COX/LONERGAN... approve the change of ownership application for The End Zone.
Councilor Lonergan questioned if the manager lives in Covington, W A which is quite a
distance from Woodburn,
Chief Russell stated that the Covington, W A is the manager's current address but he is in
the process moving to our area to take over management and ownership of the business,
On roll call vote, the motion passed 4-1 with Councilor Nichols voting nay,
0679 REMOVAL OF TEMPORARY INCREASE IN AUTHORIZED STAFFING
LEVEL.
BJELLAND/COX... eliminate the temporary increase in the authorized staffing level for
police officers since the insurance settlement is now finalized. The motion passed
unanimously,
0705 CITY ATTORNEY EMPLOYMENT AGREEMENT.
NICHOLS/SIFUENTEZ... approve and authorize the Mayor to execute the attached
amendment to the City Attorney's employment agreement,
City Attorney Shields declared a conflict of interest and stated that he is not providing
legal advice on this matter,
The motion to approve the amendment to the agreement passed unanimously,
0778 PLANNING COMMISSION / ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's Denial of Variance 04-10 (WESMAR Land Company,
2875 Newberg Highway): The variance requested Commission approval to increase
their sign height from the maximum 35 foot height allowed under the Sign Ordinance to
41.5 feet and to increase the 75 sq, foot maximum area to 140.4 square feet. On August
19,2004, the Plarming Commission adopted their final order to deny the application,
Page 3 - Council Meeting Minutes, August 23, 2004
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COUNCIL MEETING MINUTES
AUGUST 23, 2004
TAPE
READING
No action was taken by the Council on this application,
B) Community Development Director's Approval of Administrative Design Review
04-08 (Cascade Park Retirement Center, 950 N. Cascade Dr.) The applicant
requested design review approval to complete the exterior and facade improvements to
the Center which were subsequently approved by the Community Development Director.
No action was taken by the Council on this application,
0823 CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that his employment contract will be expiring in September
and he will be forwarding performance evaluation forms for the Council to complete
along with other applicable documents, An executive session will be scheduled for the
next regular meeting,
He also stated that a local business has recently e-mailed question(s) to the Councilors
regarding operation of the sign ordinance, He is in process of preparing a response and
he will circulate the response amongst the Mayor and Council before it is released to the
business,
0900 MAYOR AND COUNCIL REPORTS.
No comments were made by the Mayor and Council at this meeting,
0926 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192,660(1)(h), ORS 192,660(1)(1) and ORS 192,660(1)(e),
NICHOLSILONERGAN... adjourn to executive session under the statutory authority
cited by the Mayor, The motion passed unanimously,
The Council adjourned to executive session at 7:18 p,m, and reconvened at 7:27 p.m"
0960 Mayor Figley stated that no decisions were made by the Council while in executive
session and no action is needed as a result of items discussed,
0985 ADJOURNMENT.
BJELLAND/NICHOLS.... meeting be adjourned, The motion passed unanimously,
The meeting adjourned at 7:28 p,m,
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
Page 4 - Council Meeting Minutes, August 23, 2004
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Executive Session
COUNCIL MEETING MINUTES
August 23, 2004
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, AUGUST 23, 2004.
CONVENED. The Council met in executive session at 7:20 p,m, with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Absent
Present
Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public,
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
1) to conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192,660(1)(e);
2) to consult with counsel concerning the legal 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
3) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f);
ADJOURNMENT.
The executive session adjourned at 7:26 p.m"
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page I - Executive Session, Council Meeting Minutes, August 23, 2004
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8B
WOODBURN PLANNING COMMISSION
August 12, 2004
CONVENED The Planning Commission met in a regular session at 7:15 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grlgorieff
Knoles
Bandelow
P
A
P
A
A
P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
Chairoerson Lima continued the meeting to the August 19,2004 Planning Commission meeting due to lack
of quorum,
APPROVED
~~~~-_..
CLAUDIO LIMA, CHAIRPERSON
e(r/26/o~
DATE
ATTEST 1~A--~t2.-,
Jim Mulc;le,
CommllhitY Development Director
City of Woodburn, Oregon
.~
0-2.~-(jr
Date
Planning Commission Meeting - August 12, 2004
Page 1 of 1
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8e
WOODBURN PLANNING COMMISSION
August 19, 2004
CONVENED The Planning Commission met In a special session at 7:00 p.m. In City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grlgorleff
Knoles
Bandelow
P
A
P
A
P
P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
Chairoerson Lima provided an opening statement for Public Hearing,
MINUTES
A. Woodburn Plannlna Commission Minutes of Julv 22. 2004
Commissioner Bandelow moved to accept the minutes as presented, Commissioner Vancil seconded the
motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn City Council Minutes of Julv 12. 2004
B. Joint City Councll/Plannlna Commission Work Session on Draft Transoortatlon System Plan
on Auaust 30. 2004 at 6:30 Dm in Council Chambers.
Staff announced this is a follow-up to the last work session, During this session, the consultant will go through
a more in-depth discussion of the Draft Transportation Plan and there will be a presentation and responses
to the issues that were brought up at the previous work session.
PUBLIC HEARING
A. Annexation 04-01. Zone Chanae 04-01. ProDertv Line Adlustment 04-02 and ProDertv Line
Adlustment 04-03. reGuest to annex 3.1 acres of land and zone chanae from UTF to RS located
at 515 Settlemler Ave.. City of Woodburn. aDDllcant. (Staff reGuests continuance of this Item
from the AUGust 12. 2004 PlanninG Commission meetlna to the AUGust 26. 2004 Plannina
Commission meetinG. See attached memol.
Commissioner Knoles moved to continue this item to the August 26, 2004 Planning Commission meeting
which was seconded by Commissioner Bandelow, Motion carried unanimously.
B. DesiGn Review 04-04. Variance 04-16 and Variance 04-17. tenant SDace ImDrovements to an
exlstlna shoDDlna center Includlna a new two-lane drlve-thru bank facility: Variance to
landscaDe standards and to allow for DarklnG SDaces to be allowed In the 15 ft. setback
adlacent to the street. located at 1655 MI. Hood Ave.. Mld-Vallev Bank. aDDllcant.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report, Staff
recommended approval of the request subject to the conditions of approval listed in the Staff Report,
Planning Commission Meeting - August 19, 2004
Page 1 of 14
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TESTIMONY BY THE APPLICANT
Mark Wolf. 654 Tukwila Dr" Woodburn, OR 97071 reported he has been working on this project since 1996
when he acquired the property with some partners and then actually outright acquired it about three years ago,
He further commented his brother is one of his tenants, his stepmother lives in Woodburn and therefore, this
has become a pet project of his, Although, he was shocked by the Safeway and Rite Aid moves when they
happened, after a long time and a lot of negotiations he reacquired those properties and those leases and has
endeavored to reconfigure at least some of the shopping center and re-tenant it Additionally, Mr, Wolf
indicated it has been a process that has required a lot of different permits, Even though he did not believe
there will be a building on the side by the bank and what will be a fitness club back there, the front building
will eventually be built and that will require a separate permit as well. He stated he is currently under
negotiation and hopes to extend the shopping center down to the adjacent K-Mart and provide an access drive
through so the properties could connect on their own in addition to having the street connect them. Mr, Wolf
further remarked he is incredibly fortunate and happy to have Mid-Valley as a tenant in the Center, Although
they did not ask him, he was more than happy to name the center after them as they were really the first and
key tenant in the shopping center to commit and have been wonderful to work with, In closing, Mr, Wolf
informed the Commission he is currently involved in building a bar and grill that will be in the center that he
could guarantee everybody will certainly be the nicest thing in this region and everybody will be proud to see
there, He is also working on getting the rest of the Rite Aid building leased out
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairoerson Lima closed the public hearing and opened for Commission discussion,
Commissioner Knoles stated he thought it was a great project and would vote in favor,
Commissioner Bandelow made a motion to approve Design Review 04-04, Variance 04-16 and Variance 04-
17 and instructed Staff return with facts and findings, Commissioner Knoles seconded the motion, which
unanimously carried.
C. Planned Unit DeveloDment 04-03. Phaslna Plan 04-02. Variance 04-11. Variance 04-12. Variance
04-13. Variance 04-14 and Variance 04-18. reQuest for PUD Preliminary Plan aDDroval and PUD
Design Plan Final aDDroval for 78 slnale famllv dwelling lots to be develoDed In two Dhases:
ReQuest for Variance aDDroval to reduce the reQuired 55 foot minimum lot width to 47 feet and
34.7 and 39.3 feet for cul-de-sac lots #72 and #73: ReQuest for Variance aDDroval to reduce the
reaulred 90 foot lot deDth ta 88.9 feet for lot #71 and 84.8 feet for Lot #74: Reauest for Variance
aDDroval to Increase the 35 Dercent lot coveraae reaulrement to 50 Dercent lot coveraae for
all lots: ReQuest for Variance ADDroval to the street ImDrovement standards: and ReQuest for
Variance aDDroval to the 1200 foot block length reaulrement located at the eastern terminus
of Tukwlla Drive. south of the Urban Growth Boundary. Renaissance DeveloDment. aDDllcant.
EX-PARTE CONTACTS
Commissioner Knoles reported he attended a Tukwila Homeowner's Association meeting where there were
comments made involving this project However, it would not affect his decision whatsoever,
Commissioner Bandelow also stated she has done business with Renaissance Homes but that would not
bring any bias to her decision,
Commissioner Vancil said he drove out and took a look at the site a few times, He indicated he had no
financial interest in the project
Chairoerson Lima commented he was also familiar with the site.
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Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report,
Approval of the requests was recommended by Staff subject to the conditions of approval that were included
in the Staff Report
Commissioner Vancil referred to the 700 sites in the original Tukwila PUD and how it still is going to be less
than 500 with the plan, He commented it was unfortunate that he was not on the Planning Commission at the
time those decisions were made and inquired if there must have been some multi-family included in the
conceptual plans that would be putting that kind of numbers out there?
Staff responded as part of Miller Farms Phase I, they did have some zero lot line housing, The Goose Hollow
project the Commission saw previously, an original project was proposed that did have multi-family on it and
was proposed opposite the Glatt Circle area, She further reported there have not been any multi-family
projects developed out there to this point However. it is certainly an option in the future but they would have
to go through the secondary process of getting approval for each of the development of the pods,
Commissioner Vancil also asked Staff what is the maximum lot coverage allowed in a PUD under the
regulations?
Staff replied the Tukwila Planned Community was approved many years ago and it started off with the
Woodburn Zoning Ordinance and now it is subject to the Woodburn Development Ordinance of 2002, The
key to remember is that the PUD sections changed quite a bit in the new code and there is no flexibility built
into the Planned Unit Development Standards for increased lot coverage, The applicant reverts to the Single
Family Residential zone which has a certain lot coverage requirement for buildings of a certain height She
further reported that is why the applicant had to come before the Commission for a Variance request to that
coverage requirement to get 50 percent Back when Phases 1 and 2 were developed, there was flexibility built
in the old code to where they did not have to go through a Variance. However, there is a new code now which
is tougher and requires the applicant go through that process,
Commissioner Bandelow explained for the record. what we are looking at is an extension of what has been
done. The same type of development. approximately the same lot sizes and coverage even though they vary
a little as they did in the lirst phases, She stated we are not looking at a new type of development as this was
basically the same thing as we had in the first phases,
Commissioner Knoles commented the only thing that was really new or different was the Variance 04-18 and
the Phasing Plan 04-02,
Staff answered affirmatively, She further explained there was no particular application for a Phasing Plan
when the applicant came in for Phases I and 2, It was built in to the Planned Unit Development process but
now there is a separate application and public hearing process for the phasing of a Design Review application,
a Subdivision or a Planned Unit Development Additionally, we are currently going through the phasing
process because when the applicants came in for Phase 3, which was under the new code, they just wanted
to develop this one phase and now they are coming in breaking it up into two phases,
Commissioner Bandelow inquired whether the emergency road would be the offshoot of Olympic St?
Staff confirmed this to be correct, She added it would basically extend from the North boundary of the subject
site and to Boones Ferry Rd.
Commissioner Vancil asked if all of that area was proposed for inclusion in the new proposed Urban Growth
Boundary application that someday the City will get before the County?
Staff responded yes, He indicated it would essentially go to the North side of the golf course and would also
bring the area on the West side of Bcones Ferry Rd. all the way up to Crosby Rd, There are smaller parcels
that front on Crosby Rd, which are not proposed to be brought in.
Planning Commission Meeting - August 19, 2004
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TESTIMONY BY THE APPLICANT
Randv Sebastian, Renaissance Homes, 1672 Willamette Falls Dr" West Linn, OR 97068 provided a brief
history of the Tukwila OGA arrangement. He reported Phase I was 44 lots; Phase 2 - 38 lots; Phase 3, which
is currently being built is 16 lots, Phases 4 and 5 are 37 lots and 391015, A few months ago they were looking
to do the complete phases 3, 4 and 5 and gain approval, However, they wentjustfor the 16 lots because they
wanted to keep their crews busy and continue the buzz they currently have going with sales and within the
community. Mr, Sebastian further indicated thanks to the City Manager Brown and City Planner Mulder they
have worked out what they feel is a win-win situation for everyone, He stated they will build a 1900 ft.
emergency access road and will obtain bonding for that so in the future when the land comes in to the Urban
Growth Boundary, they have a vested interest in getting it and also have options on the property to steward
it through the process to get it included for more residential homes along the golf course, In closing, Mr,
Sebastian stated they are committed to the community and to the project. He also commented the road issue
is somewhat of a paradox because the only way the Urban Growth Boundary is going to grow and get the
future permanent road through is to do the emergency access road, If It did not go in, there would be basically
a road less piece of property within the Urban Growth Boundary that is unserved and it may be hard to get the .
future land in at that point. It was also mentioned by Mr, Sebastian that the previous master plan showed
between 100-120 lots and they were only asking for 76 lots and they would be able to introduce a little higher
priced home because some of the lots are larger,
Tim Breedlove. ChiefOoeratina Officer, Renaissance Homes, 1672Willamette Falls Dr" West Linn. OR 97068
noted they have introduced a number of open spaces. It was his thought that the conceptual plan did not have
any open spaces in that section, Secondly, he stated although it seemed like they have asked for a number
of Variances, the original conceptual plan and actually Phase 1 had lots as small as 4,400 ft. They have no
lot that is less than 5,000 ft. which is one of the criteria in the new PUD Ordinance,
Michael Robinson, 1120 NW Couch, 10th FI" Portland. OR 97209-4128 stated he represented the applicant
tonight. He remarked it makes it tough to get that second road when you have the factors they have before
them in this situation. Firstly, the layout of the golf course and secondly, they are against the Urban Growth
Boundary, He referred to the Transportation Planning Rule which is an Administrative Rule adopted by Land
Conservation Development Commission (LCDC) contained in Exhibit 3 of his letter, Mr, Robinson reported
the rule states what type of transportation services can go outside the boundary, In general, you can not put
a new road in that serves urban traffic outside the boundary without what is called an Exception of the
Statewide Planning Goals, which is similar to a Variance but this would be to the State as opposed to the
community, He noted the Newberg/Dundee bypass has been in the planning stages for years and are going
through an exception process for that. Although it is a State project. they have to ask the State for permission
to put it outside the Urban Growth Boundaries around Dundee and Newberg, Mr, Robinson pointed out they
have to go through the same process, Although it is not impossible, it is an inherently very difficult task to
obtain approval. Moreover. there are organizations out there that tend to be opposed to those types of
applications, In working with Staff, they tried to list some conditions that they thought were fair to impose on
themselves to give the City what they are looking for and ended up with three conditions, He explained they
have to go through an exception process with Marion County to obtain approval to build a full access road
before they can plat Phase 4 which they are currently working on and intend on submitting the exception to
Marion County next week, The process will take them about six months however, if atthe end oflhe day they
are not able to get that approval, they will return with an application to construct an emergency only access
road, Mr, Robinson indicated they agreed with all of the conditions of approval in the Staff Report, He said
he felt fairly confident that they will be able to obtain approval for that. He pointed out the Staff Report notes
that the Marion County staff is fairly positive atioutthe outcome of that application, Additionally, he has gone
through an exception application in Yamhill County and they were able to get it approved under the same
administrative rules, Mr, Robinson stated they will make an application to build a full access road and if
approved, there will be a full access local street. If they are unsuccessful, they believe they will be successful
with an emergency access road and will give a bond to the City to assure that construction. The other virtue
of constructing at least an emergency access road at this point is that it is a location that will ripen to a full
connection once the UGB is expanded. He mentioned if the Commission denied the request tonight, there
is no certainty that the subdivision will be completed in the same way it has been constructed through the first
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two phases and is currently being constructed in the third phase, The reality is that they need the certainty
to go forward, Secondly, denial would not improve the situation and approval affords them to make the effort
to go forward and put in the second emergency access road, He said it is a trade off they are willing to do and
take the risk and if it is unsuccessful they could not even record the fourth phase, Mr, Robinson further
remarked the longer there is build out, the longer you have construction traffic, He referred to the November
2003 traffic impact analysis from Kittleson indicated Randy Rohman was comfortable with the scope of their
analysis and with the inclusions in the analysis that indicated there is a lot of capacity out there now and there
will continue to be enough capacity to handle all of the traffic of a full build out.
TESTIMONY BY PROPONENTS
Dwiaht Perkins, 702 Tukwila Dr" Woodburn. OR 97071 commented he thought this is a very worthwhile
project. He provided Staff with a copy of a letter dated January 15, 2004 in reply to a conversation he had
with Mr, Bellomy that he was unable to attend the meeting due to business, He thanked Naomi for the
information she provided him prior to the public hearing and for keeping him informed as the process went
along, It was Mr, Perkins opinion that the City will not exist unless the City continues to grow at a comfortable
rate, He also commented it is a wonder that projects are able to even forge ahead with the restrictions that
the development community has, Mr, Perkins remarked he would be hand to hand w~h the City to push the
UGB back, He asked the City to consider an additional condition to require that Renaissance notify their
contractors to drive at a safe speed when in the neighborhood,
Richard Jenninas. 595 Filbert, Woodburn, OR 97071 reported he had the pleasure to be the past Mayor of
the City as well as a City Councilor. He mentioned he was in office when this development started and they
figured that they would put Woodburn on the map between the development. the type of homes and the golf
course, Mr. Jennings sympathized with the construction vehicles going up and down the road, However, we
are here tonight to find out whether the project moves forward or not It was further reported by Mr, Jennings
that eventually the Planning Commission and City Council approved Phases 1 and 2 and when they did that
they stated there would be no more phases until there was a second access, Notwithstanding, they were not
concerned about how the people that lived there were going to get in and out but more concerned about a
disaster since the City sits on top of an earthquake fault and that there be a paved road that would allow those
folks in that area to get out if it were blocked on the other side and for emergency vehicles to get in, He firmly
believed that what Mr, Sebastian was trying to accomplish fulfilled the complete intent of the elected body that
was in power at that time, He felt the County will not build a full service road but they will build an emergency
access road, In closing, Mr, Jennings urged the Planning Commission to approve the application and help
us get moving because those homes have been one of the best assets to Woodburn.
Steven Soencer, 657 Fairwood Crescent. Woodburn. OR 97071 commented Mr, Sebastian builds quality
homes. He said he has lived in several different neighborhoods within the Metropolitan area and he has never
really gotten to know his neighbors, Since he has moved to this neighborhood. it is a neighborhood as he
knows the people that live there, Mr, Spencer further remarked he would like to see Mr, Sebastian continue
with what his vision of what this neighborhood is because what he has done so far works, .He favored the
continuation of the phases and the sooner the building gets done the sooner the construction traffic gets out.
Mark Wolf, 654 Tukwila Dr" Woodburn, OR 97071 said he had not planned on speaking tonight and he did
not know Renaissance. He just purchased his home and was unaware whether his property is in Phase 1 or
not. However, if it is in Phase 1 the board did not speak for him and he also knows that when he bought the
property he asked about future plans and was told that there would be more development. He commented
it is a wonderful development and the City of Woodburn is very fortunate to have a developer like Renaissance
Homes. Property values will be affected if this project is not approved and another developer comes in and
builds something that is certainly less quality than what already exists, There will be construction traffic on
the streets and it was his opinion to get it over and done with now and enjoy the next 20-30 years when this
thing gets all built out Mr, Wolf hoped the Commission saw it in their best interest to approve the project and
work out the problems and details later on.
TESTIMONY BY OPPONENTS
Planning Commission Meeting - August 19, 2004
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Sue Christenson. P,O, Box 997.458 W, Haves, Woodburn, OR 97071 mentioned she did not start out as an
opponent except she did not know how else to get her questions answered, She described herself as being
in favor of saving the farmland, She expressed concerns in that it seemed a pond did not qualify as a wetland
or watercourse according to Staff, Additionally, she voiced concerns that the development might have an
impact on the Mill Creek Corridor or if anybody checked to find out whether it would, She pointed out the City
currently has Ii task force in place working on the Mill Creek Corridor development for a trail throughout the
City of Woodburn to connect the creek, the parks and the schools, Mrs. Christenson commented the City had
enough current development in place or already planned to sustain the City beyond 2010 and she wondered
how that figures into this development and if that is what the UGB was considering?
Commissioner Vancil interjected it was his thought that there are less than 100 buildable lots left in the current
Urban Growth Boundary.
Mike Cook, 827 Fairwood Crescent. Woodburn, OR 97071 reported he was present on behalf of the Board
of Directors for Phase 1 and are in opposition of this development because it is their belief that the traffic on
Tukwila Dr, is excessive, Speed is one of the primary problems they have concerns about as well as
construction trafflc, Moreover, a speed limit should be required and stop signs should be actually posted at
the entrances at each end of Fairwood Crescent as well as between the entrance of Phase 3 and Phase 4
across from the golf course lots, He noted the weight requirements on a low boy and dump truck are about
105,000Ibs, Mr, Cook further commented that amount of weight on a daily basis for dump and concrete
trucks going in and out of that development is excessive and they would like to get some type of guarantee
from Renaissance Development that if there is any damage to these roads. that there will be some type of
repair done to them not within the time frame of a year but until a time frame that the development be
completed, Mr, Cook stated the Board of Directors feel that safety of the children in that development is their
number one priority concern, Failure to do so by this Commission or City Council is a travesty for anybody
that gets injured by the fact that construction traffic or a residential vehicle. Additionally, he noted there is dust
in the street that runs all the way out to Hazelnut Dr. and the homeowners on Tukwila Dr, should not have to
choke or gag because of that dust from construction, Furthermore, the pavers in the road are all pushed down
because of the weight of the trucks going in and out of Tukwila Dr, from Hazelnut to Boones Ferry and the
pavement itself is cracked which will continue to get worse unless some type of guarantee is obtained from
the developers of this property that any repairs to that road would be done and also not with a limit of one year
after construction is completed. The Board of Directors felt the arterial road that was proposed was a good
alternative to funnel the flow of traffic off of Phase 3, 4 and 5, They understood the cost that would be involved
with and understand the LCDC on their particular proposals for Urban Growth Boundary lines, If they can not
have an arterial way to funnel the traffic off this development, then they have to find another method of safety
for this development
Commissioner Vancil asked Mr, Cook if he represented a consensus of the neighbors or board?
Mike Cook replied the Board represents a consensus of their neighbors in Phase 1 which are 44 homes out
of the 100+ homes constructed so far,
Ron Adkins, 791 Tukwila Dr" Woodburn. OR 97071 appreciated and concurred with Mr, Cooks comments,
He stated he lives on Tukwila Dr, and described himself as a family man with four children, His residence is
just right off Fairwood Crescent where there is a half-sac which is the turnaround point for all the heavy trucks,
He too voiced concerns regarding the traffic and the amount of machinery coming through in Phase 1 because
that is the main entrance into the entire subdivision, He mentioned he has a 7 year old, a 9 year old autistic,
an 11 year old and a teenager and it was not in his power to be able to control what they might do because
they are children, He did not want his children hurt if one decides to run out in the street or just happens to
enter into the half-sac while the truck decides it wants to turnaround or backup because they want to pickup
another trailer because that is where they are staging, Mr. Adkins inquired what was the purpose of the 1,200
ft, requirement? He noted Ironwood has three ways into the subdivision which allows that traffic to move in
and out without bottling anybody up, Traffic would stop completely in the middle of two cars parked on either
side of the curb on Tukwila Dr. and would not be able to get an emergency vehicle in or out if there is a car
or truck blocking the road, Although Mr, Adkins was in favor of Renaissance building the new homes, he was
concerned about being misled by Renaissance because when he purchased his home he asked about
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Tukwila Dr, and what the future plans were, He was told that there would be no further construction past
Phase 2 until there was another road that would circle back around and hit Boones Ferry Rd, Now it is being
pushed through that they can go ahead and put sprinklers because of the no emergency access but then
again we do not alleviate any ofthe traffic or construction equipment coming through, Mr, Adkins respectfully
requested the Commission, if they chose to vote and allow the project to go through, to hold Renaissance
responsible to maintain the construction road, maintain the speed and to provide optimum safety for all of the
residents that live up and down Tukwila Dr, A staging area must be provided for these trucks because he has
endured two years of construction in the front of his home and does not wish to continue to deal with the dust.
noise, traffic and safety issues.
APPLICANT REBUTIAL
Randv Sebastian said traffic is always an issue because people do not really care about driving by the
neighbors home but they do not want anybody driving by theirs, He stated they really work on construction
traffic, He explained Phase 1 was developed by United Properties of Canada and Renaissance bought lots
from Phase 1 and they could not work out the last purchase of 14 lots, Other builders came in and built and
his construction staff was not able to control the other builders' workers, There are signs posted and if
somebody is speeding they get on them, Mr, Sebastian indicated they will do what they can to get the earth
moving equipment as far off the site as they can but they do need to work off paved roads as far as access,
Although. he was very sympathetic to neighbors he felt Renaissance was doing a great job,
Michael Robinson addressed Mrs, Christensen's issues and noted there is not an absolute requirement, even
in the Fire District's mind, that there be a second way in and out. He thought when the City Council imposed
that condition at the completion of Phase 2. they did so with the idea that it be an emergency access, They
are happy to comply with that and thought the three conditions of approval provided them with the best shot
at doing that but even the Fire District did not want a second access if they fully sprinkled the homes.
Commissioner Vancil clarified the Fire District did not say they did not want it, they said it would not be
required if they sprinkled it from a fire safety standpoint.
Mike Robinson argued if the Fire District had wanted it, they would have required it because Fire Districts are
not shy about asking for things like that. With respects to wetlands, they have a continuing obligation to
comply with Division of State Lands, However, if Mrs, Christensen was correct they would likely be the
second person to know about it after they receive a letter from DSL but they are pretty confident of their
concurrence letter with DSL They are subject to pay significant penalties and fines when you encroach on
wetlands, Mr. Robinson's sense was that there was nothing about the application that should impact the Mill
Creek Corridor however, if the Commission choose to approve this, he suggested they talk with the County
and City Staff to make sure there was something there they were not aware of, He commented he has never
been to hearing where someone did not bring up child safety and traffic construction which are real issues for
people. However, the reality is that there are very few cities that has a set of code standards to deal w~h
those issues, Therefore, you have to rely on traffic studies, City and Applicant engineers and police. Mr.
Robinson commented if they could control their contractors and subcontractors they will do it. However,
speeding is a police enforcement issue and he encouraged people to call the Police Department when they
see speeding in the neighborhood, He also addressed the issue regarding road damage and explained there
is a year bond on a road after an applicant constructs a road, The City has the ability to come back within that
period through the bonding to correctthe deficiency, Thereafter, there is typically no obligation however the
City of Wood bum has municipal codes that govern damage to public facilities and if they can point to whom
it is, the City can go back against that person, He felt it would be more appropriate that the expectation for
a good developer was to make sure there is no damage in the first place, Mr, Robinson mentioned although
sometimes stop signs are the right answer, there are warrants for stop signs and the City is just as liable for
not installing a stop sign as they are for installing one where it is not warranted, He suggested to talk with City
Council and see if they wish to investigate whether additional stops signs are necessary in that area,
Although, typically stop signs are not going to help with speeding, tickets is what controls that. Mr, Robinson
reported local streets are designed to accommodate between 1,700 to 2,000 trips per day which is not a lot
over a 24 hour period. He referred to page 32 of the Staff Report and quoted Randy Rohman's statement
regarding the traffic study submitted by Renaissance that indicated however the roads operate today they
will operate that way tomorrow, In fact, even though the Boones Ferry and Hazelnut Dr, intersections are
Planning Commission Meeting - August 19, 2004
Page 7 of 14
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stopped control, they still have in each case more than half of the capacity available to them. Mr, Robinson
remarked although we have to take Mr, Cook at his word he was not sure he necessarily meant 44
households are against this project Additionally, he mentioned although the Ironwood subdivision has three
entrances, they were not built around a golf course, Renaissance simply does not have the luxury of being
on a grid system and everyone knew that from the outset Nonetheless, they want to make the effort to get
that second access, This would be an appropriate place for a Variance because there is a dead end street
and there is simply no way to deal with it except through the conditions they have proposed, He thought the
comment regarding a staging area for trucks was a good one and he was sure that Mr, Sebastian would try
to accommodate that if there was some way to do that In closing, Mr. Robinson recalled back when he
represented the Woodburn Company Stores, the prophecies of doom that were heard then, simply did not pan
out that way, In conclusion, he said it was their thought that the conditions they have offered and
recommended by Staff are reasonable as it puts the burden on the applicant to get the second emergency
access which they will take and do a good job, He urged the Commission give them the opportunity of doing
that by approving the application,
DISCUSSION
Chairoerson Lima closed the public hearing .and opened Commission discussion.
Commissioner Bandelow commented there have been some good points made on both sides. She stated
although it was not something that would determine whether the project was accepted or denied, she felt the
idea of a staging area was something that could possibly be addressed because of the length of the
development She suggested perhaps by holding a couple of lots to be used as a staging area in the
beginning of the new section would prevent trucks from trying to turn around in the half cul-de-sac narrow
section, Commissioner Bandelow thought not to continue this development would be a big mistake for
Woodburn, She wished they could have a permanent road but what Staff and the developers have worked
out was probably the best thing that could happen for right now as she did not see any other alternative,
Stopping the development served no good purpose at all and to have the development sit there unfinished
for a year or two would hurt not only the developer but also the homeowners that currently reside there and
it would possibly affect their property values, Commissioner Bandelow believed the applicant made a good
case and the objections heard tonight are things that need to be addressed through other avenues be that
the City Council, Homeowner's Association and/or approaching City Staff. Moreover. the Commission has
to do what is best for the community and she would be in favor of granting the Variances,
Commissioner Vancil appreciated the Renaissance Development and was proud to have it in Woodburn,
Certainly, the Tukwila development has been a good addition to Woodburn and good leveling of the playing
field for Woodburn to be competitive, On the other hand, he did not want to sell his soul for some poor
planning in the past and he did not want to be held hostage by that He stated he could not see how the
proposal could be approved without that other way to get in and out of the development Moreover, if the
County sees that we can not even develop this little bit of land left in the current UGB because we have no
egress because we are backed up against it perhaps that would be more of an encouragement for the
expansion on out that was discussed earlier in the hearing, Commissioner Vancil concluded by stating he
would not be able to support the Variances because it is bad planning and we have no business approving
this development until there could be a full build out road,
Commissioner Knoles indicated he had concerns all along regarding the ingress/egress and the new road,
He felt there has been a lot of work done towards addressing it A lot of issues have been brought up this
evening regarding degradation of TUkwila Dr" stops signs, etc,. which need to be addressed to other
departments within the City and really they are not things the Commission has to make decisions upon tonight
The Commission's decision tonight is based upon what is in front of them regarding the development issue.
Although, he had concerns regarding egress/ingress, he thought it had been pretty well addressed and he
would support the continuing development based upon what was presented at this point
Chairoerson Lima mentioned perception is reality and the perception is that the traffic is a problem and
therefore, it has to be a reality, He indicated there is no question that the development will be a wonderful
addition to Woodburn, The City has been battling to get a second interchange with the County for 10 years
and it will probably take at least 5 or 6 more years to get anything out of that Chairperson Lima remarked
Planning Commission Meeting - August 19, 2004
Page 8 of 14
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it would have been perfect if this application would have come with prior approval from the County, However,
he had difficulty accepting the application as presented,
Commissioner Bandelow said the criteria allows the Commission to look at the safety issue and she felt the
emergency access road will be granted because of the safety issue, Nonetheless, how much traffic is going
to be developed on Tukwila Dr, is just not part of the criteria, She understood that the traffic is a real concern
for the people who live on Tukwila Dr, but the Commission has to address the issues that are laid out
according to what the City has addressed, Commissioner Bandelow did not think the Commission could turn
the project down because it is going to increase the traffic in Woodburn or will increase the traffic in Tukwila
Dr,
Commissioner Vancil thought part of the 1,200 ft limit on a road criteria in the Development Ordinance has
to do with the traffic and safety issues, He noted we have got to be at least tripling that with this development
and that is the Variance he had a problem with,
Staff interjected the 1,200 ft limit has more to do with connectivity which relates to emergency and vehicle
access.
Commissioner Knoles indicated his understanding the Variance on the street length is not based upon speed .
or any other issue butjustthe factthat it is exceeding what is in the ordinance as being 1,200 ft limit and there
is no way to develop without going beyond 1,200 ft because of the design of the area. Even if there were
other accesses they still would have to have the 1,200 ft Variance because of the layout of the plotting,
Staff said the existing layout really does not allow any other feasible alternative to that
Commissioner Vancil although he would like to see 100 more quality homes built in the Tukwila area, he was
not convinced that they will never be built if we wait and do it in what he considered to be a safer and a better
planned manner. Moreover, land is valuable enough in Oregon in quality developments like the OGA area
that somebody is going to build homes and they are not going to build shacks because it costs to much to put
it on the land and you could not make a living at it
Chairoerson Lima agreed with Commissioner Vancil and further commented it would be very easy for him to
approve the application if it were based on the criteria only, This will be built in the future if the project is not
approved tonight. He expressed having difficulties in that although the project is good. there are parts of it
that are simply not fitting well.
Commissioner Bandelow stated regardless of what is done tonightthe problem ofthe access will not go away
nor will the configuration of the necessity of a lot of streets, There will still be the need of the Variances in
terms of the lengths of the blocks no matter who gets the road in even if the UGB is expanded. which will not
be in short order. She remarked she would hate to turn something down and seriously damage a
development, developer and the homeowners by turning it down now only to see the same thing be approved
later on, If she thought there was going to be some change that would solve these problems if we turned it
down and waited a year or two but she did not see that happening in the near future,
Staff guesstimated probably a year to two for completion of the UGB expansion but there are a lot of variables
involved, It was his opinion we should be completed within a year to two years but it would not change the
block length.
Commissioner Knoles interjected it was his understanding that the only real change would be when they get
the UGB is the fact that the City would have control over building the ingress/egress as a permanent thing to
our standard. At this point, the 1,200 ft block is not really an issue because you can not develop without
having the block in excess of 1,200 ft The real issue is are we going to hold the project up because of the
possibility of not getting another ingress/egress even an emergency ingress/egress, A lot of what has been
discussed is dependant upon whether we could even get this approved by the County for the developer,
Additionally, he reported if the County does not approve, even the emergency access, this would not a
development
Planning Commission Meeting - August 19, 2004
Page 9 of 14
22
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Chairoerson Lima indicated that was exactly his issue,
Commissioner Knoles mentioned if the applicant did not get approval, it is still not approved because they can
not develop without that
Commissioner Vancil pointed out when 16 sites in Phase 3 were approved it was discussed not approving
further sites until there was an egress, Tonight we are talking about approving it with only an emergency
egress with the conditions that one of the conditions of approval is that there be an emergency egress,
Therefore, if the County plays hardball and says we can not have even an emergency egress then the next
Variance to be discussed will be there is really no safety issue if we sprinkle the homes so let's go ahead and
make it a 200 home cul-de-sac, Commissioner Vancil felt we are going down a slippery path as far as he was
concerned,
Commissioner Knoles clarified that would be an entirely different issue because then we would be talking
about a whole different development and re-planning,
Commissioner Bandelow moved to approve Planned Unit Development 04-03, Phasing Plan 04-02, Variance
04-11, Variance 04-12, Variance 04-13, Variance 04-14 and Variance 04-18 for Phases 4 and 5 of The Links
at Tukwila, Commissioner Knoles seconded the motion, Motion did not pass with Chairoerson Lima and
Commissioner Vancil both voting No,
Staff explained there would be no action taken on the project unless the Commission passed another motion,
He explained one option would be for the Commission to continue deliberations to the next meeting if the
Commission were at an impasse and they could not find resolution tonight and hope they have a different
number of Commissioners that may be able to pass a motion,
Commissioner Knoles requested the Commission further deliberate tonight to see whether the Commission
is really at an impasse or not He pointed out the impasse is based upon the egress/ingress,
Commissioner Vancil stated the Staff Report states if the County denies a public egress. they do not even
have to appeal that to the State Lands Use of Appeals and they would just go to the emergency access,
Staff interjected the County would still have to approve the emergency access, Moreover, ifthe County denies
the emergency access, the applicant would not be able to develop because they could not comply with the
condition, The condition requires at a minimum the emergency access,
Chairoerson Lima stated that is what he would like to see approved,
Commissioner Bandelow pointed out the applicant needed approval tonight to even get to the County level.
Commissioner Vancil asked whether it would make sense that the Commission approve it without Variance
04-14 and make whatever adjustments needed to in the wording basically stating that if the development is
approved if the public egress is approved by the County and at the point that the County says no, if indeed
they do. then the Commission reconvene and discuss again?
Staff clarified the Variance was to reduce the improvement standard for the secondary access. He further
explained the Variance is to allow a reduction of the full street improvement standard to satisfy the need for
an emergency access instead of a full public access,
Commissioner Vancil reiterated he thought it is a terrific development but there needs to be a way out and in
other than putting 100 more homes in and out on that road,
Staff explained if the Commission's desire was that the development only occur when there is the ability to
do the full secondary access to full street improvement standards, they could approve everything except for
the Variance from that standard, He explained that would mean that the development is approved but
Planning Commission Meeting - August 19, 2004
Page 10 of 14
23
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conditioned that it could only occur at the time when the applicant can put in the full public street access, He
noted that was not what was recommended in the Staff Report,
Commissioner Vancil noted that could be 40 years into the future the way it is currently written,
Staff indicated that could be a possibility, He stated he was very confident that within the next 1-2 years the
UGB expansion will be approved, Moreover, in speaking with County staff, they indicated there should not
be a problem with approving an emergency access,
Commissioner Vancil moved that Planned Unit Development 04-03, Phasing Plan 04-02, Variance 04-11,
Variance 04-12, Variance 04-13 and Variance 04-18 be approved, Commissioner Knoles seconded the
motion.
Commissioner Knoles commented the Commission really has no reason to even vote on this because
basically by not including Variance 04-14. we have killed the whole issue,
Staff replied affirmatively, He explained denial ofthat Variance was essentially similar to denying the project
Chairoerson Lima wanted to make the application contingent on the County approval of the full public street
Commissioner Vancil believed that in good conscience to approve this development, what is needed is a full
egress going out through the orchard which will eventually be part of the Planned Unit Development
Chairoerson Lima asked Staff whether the applicant was obligated to come up with an ingress/egress if the
Variance were eliminated from the application?
Staff responded without the Variance then the applicant must fully improve that second access before they
could do their development
Commissioner Knoles felt Staff had it right the first time where we can actually do this stage where they can
get at least the emergency access going so the development could get started while we get all the Urban
Growth Boundary through and/or get the County to approve the full road, We would be almost killing the
development by not doing it that way,
Commissioner Bandelow also pointed out that the number of homes to go in will not be completed this winter,
Therefore, we are not suddenly going to be throwing hundreds of people down that street She thought it
would make more sense to have those two things going on at the same time. Commissioner Bandelow stated
the Commission would have done a disservice not only to the developer, but also to the people who live there
as well as to the City of Woodburn,
Staff explained if the Commission were to approve the project as conditioned, the applicant would make an
application to the County, Before they could even get recordation of the final plat, they would have to submit
to the City the decision from the County Board as to whether the County Board will approve a full public street
for the second access or not If they submit to the City a denial of the County, then they are not required to
appeal that however. at that point they would have to pursue approval of the emergency access, They still
would not get a final plat meaning they do not have actual lots created and could not build on them until they
accomplish that At that point, if they do obtain that approval and assuming it is not appealed because there
is another condition that deals with the potential of that being appealed, if they are ultimately successful with
that, at that point City Staff will then sign off on the plat assuming they have complied with all the other
conditions too,
Chairoerson Lima remarked the issue at hand is if the County denies a full street, they do not have to appeal
and could go ahead with an emergency exit
Staff commented it is obviously not the perfect situation because if they were able to get that, there would not
be a Variance and it would not have been supported by Staff if they actually thought they would get it Staff
Planning Commission Meeting - August 19, 2004
Page 11 of 14
24
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wanted to at least exhaust and show in good faith that they would pursue getting the full street because that
is what the code requires and is what Staff supports but realizing that the City nor the applicant controls the
issue and it is ultimately the County, He further stated it requires a goal exception because it falls under State
Statutes as far as whether you can get a public access or not which County staff have indicated that was
difficult to accomplish,
Commissioner Knoles questioned even if the road is an emergency ingress/egress to the point development
has started, whether the road could be used as construction access to that while the road is being
constructed?
Staff stated that would be a question for Public Works as far as how to deal with construction traffic and how
you would control that It is one thing for emergency vehicles or police to have access or keys to that but for
a developer to have access is another thing,
Chairoerson Lima asked Staff why is the applicant not required to appeal a denial from Marion County?
Staff explained that Staff felt the applicant adequately exhausted their good faith effort to accomplish it if they
got a decision from the County Board,
Commissioner Vancil commented the applicant has a ton to gain and all of the talk about the wonderful things
they are doing for the community, if it was not profitable for them they would not do it because they are in
business to make a living,
Commissioner Bandelow asked the Commission to consider in a worse case scenario if the County turns
down the full road and all they get is the emergency entrance and exit then, the safety issue would be pretty
much eliminated because we do have the emergency access which we are going to get in order for the project
to roll, Over the next few years while the UGB process is going through, they are developing out She stated
we are stuck with this one way or the other because there is no way we are going to bridge the golf course,
Additionally, she did not see an advantage to anyone to stop the project at this point
Commissioner Bandelow stated she would agree with Commissioner Vancil if we were looking at an issue
where there was an alternative down the road for that section,
Commissioner Vancil interjected what was being done tonight was paying the price for some lousy planning
on the part of whoever laid out and approved the golf course,
Staff reported that has been represented every phase of this project, Staff has felt that it would be
unreasonable to expect the applicant to change something that was represented to them that was going to
be acceptable and then all of sudden reverse course and require something totally different Moreover, you
would have inconsistent development that would be of different shape and form, It was his opinion that the
traffic coming from that subdivision, even if they had the option of going North, 95 percent of it would continue
to go down Tukwila Dr. because the only reason you would go North would be to go North on Boones Ferry
Rd, towards Hubbard,
Commissioner Vancil commented the development will probably be built out and sold out in about three or
more years,
Randv Sebastian responded affirmatively, He reported they build at a rate of 3 homes a month,
Michael Robinson interjected it will take them 6 months to get through the County and find out what the
answer will be, They can not record, hence they can not sell a lot, hence can not pull a building permit
Therefore, even 3 years would be an ambitious estimate, Moreover, the County will not approve this if they
do not see there is a City approval,
Commissioner Knoles withdrew his second on the previous motion and Commissioner Vancil withdrew his
motion,
Planning Commission Meering - Augusr 19, 2004
Page 12 of 14
25
Commissioner Bandelow made a motion to approve Planned Unit Development 04-03, Phasing Plan 04-02,
Variance 04-11, Variance 04-12. Variance 04-13, Variance 04-14 and Variance 04-18 of Phase 4 and Phase
5 of the Links at Tukwila, Commissioner Knoles seconded the motion,
Commissioner Vancil said he knew he was loud and clear on the record about his concerns and he
encouraged the applicant to push hard, He stated he would support the proposal.
Chairoerson Lima also made it very clear that he had a lot of concerns of not having the assurance of having
a full road as ingress/egress,
Motion carried with Chairoerson Lima voting No,
5-MINUTE BREAK
ITEMS FOR ACTION
A. Final Order for Variance 04-10. reauest for a variance to Section 11 ( C II 5 \ and ( 6 \ of the
Woodburn Sian Ordinance to allow for the 35 foot maximum sian helaht allowed In the CG
zone to be Increased to 41Y. feet /Vartance AI and the 75 sauare foot maximum sian area to
be Increased to 140.4 sauarefeet /Variance Bt located at 2675 Newbera Hwv.. WESMAR land
Co.. aDDllcant.
Commissioner Bandelow moved to approve the final order as presented by Staff, Commissioner Knoles
seconded the motion. Motion unanimously carried,
DISCUSSION ITEMS
None
REPORTS
A. BuildinG Activity for Julv 2004
B. Plannlna Prolect Tracklna Sheet (revised 7-20-04\
BUSINESS FROM THE COMMISSION
Chairoerson Lima understood the Mayor was still trying to find applicants for the vacant Commissioner
position, He encouraged anyone in the community interested to apply for the vacant Planning Commission
position.
Commissioner Bandelow pointed out Staff sounded very confident tonight regarding the expansion to the
North, She asked Staff whether he was confident that Woodburn will get what they have asked or will it be
just to the northern area as far as the Urban Growth Boundary?
Staff responded he was confident in that Woodburn will be successful in expanding the UGB based on all the
information and responses they have received, Furthermore, it should be more or less what was proposed
but there will obviously be adjustments made to the package,
Commissioner Bandelow mentioned it would be beneficial to have an informal discussion some evening to
review Planning Commission procedural issues,
Staff stated he has been waiting to get a full Commission so he could hold a workshop and as soon as that
happens he will setup a workshop.
Chairoerson Lima complimented the Planning Director in the manner he informs the Commission when there
are challenging situations like occurred tonight and certainly appreciated his feedback and clear answers,
ADJOURNMENT
Planning Commission Meeting - August 19, 2004
Page 13 of 14
26
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Commissioner Knoles moved to adjourn the meeting. Commissioner Bandelow seconded the motion, which
carried unanimously. Meeting adjourned at 10:30 pm.
APPROVED
.~,~
RC1'f HJl-""J V'C e (hb,(/"\(j~"
\
ATTEST
Jim der,
Co ,IT)IJnity Development Director
City9fWoodburn, Oregon
Planning Commission Meeting - August 19, 2004
27
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DATE
~-1 ~ 01
Date
Page 14 of 14
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8D
WOODBURN PLANNING COMMISSION
August 28, 2004
CONVENED The Planning Commission met In a regular session at 7:00 p.m. In City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grlgorleff
Knoles
Bandelow
P
A
P
P
P
P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
ChalrDerson Lima provided an opening statement for Public Hearing.
MINUTES
A. Woodburn Plannlna Commission Minutes of Auaust 12. 2004
Commissioner Bandelow moved to accept the minutes as presented. Commissioner Knoles seconded the
motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn Cltv Council Minutes of Julv 28. 2004
B. Woodburn City Council Minutes of Auaust 9. 2004
C. PostDonement of City Councll/Plannlna Commission Work Session scheduled for Auaust 30.
2004.
Staff indicated several City Councilors will not be able to make that session. It has been tentatively scheduled
for Tuesday, September 7, 2004. Written materials on the Transportation System Plan will be delivered early
next week for review if the work session is confirmed to be September 7"'. Staff also commented the
Commission will be quite busy fairly soon when the Periodic Review package goes forward because there will
be a few work sessions to review that entire package. He stated that may be as soon as the middle to end
of September.
PUBLIC HEARING
A. Annexation 04-01. Zone Chanae 004-01. ProDertv Line Adjustment 004-02 and ProDertv Line
Adlustment 004-03. reauest to annex 3.1 acres of land and zone chanaefrom UTF to RS located
at 515 Settlemler Ave.. City of Woodburn. aDDllcant. (Continued from the Auaust 19. 2004
Plannlna Commission meetlna to the Auaust 28. 2004 Plannlna Commission meetlna\.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
TESTIMONY BY THE APPLICANT
Randv Rohman. Citv of Woodburn Public Works DeDartment. 270 MontaomelV Sl.. Woodburn. OR 97071
He reported the area already existing is part of a natural drainage way and the water tends to flow to the
drainage system that goes through Settlemier Park and eventually to Mill Creek. He explained a regional
Planning Commission Meeting - August 26. 2004
Page 1 of 4
28
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detention facility retains water, it does not store water. During a larger than normal storm, the water would
be detained in the area and would flow in at a faster rate and allowed out of the area at a slower rate so that
the existing Mill Creek drainage is not overloaded. Mr. Rohman further indicated the water would flow right
through during a light rain storm. The facility will be designed to get a maximum design flow and the water
will be detained in the area up to as long as 3-4 days at the very maximum. The vast majority of water would
drain out of it over a period of 2-3 days. He explained as the two large lots develop into residential property,
there would not be required to have any detention area in that development. The land that is used for
detention would be freed up for residential use and there really is no net loss of residential type buildable
properties through this application.
Commissioner Vancil inquired whether this would be similar to the Nelson Park center?
Randv Rohman replied that would be a very good example.
Commissioner Bandelow asked how much modification needed to be made In order to be able to utilize it In
that manner?
Randv Rohman stated there will be some dirt that will have to be removed and rearranged. He indicated there
are some areas now where there is some ponding. There will be some earth work and activity involved that
will need to be done to provide the capacity within that detention area. Mr. Rohman clarified there may be
some City utilities in the future but there will be no structures. It will be an open area planted in grasses
however, there are no plans at this time to make it a park.
Commissioner Bandelow also questioned whether they will create deep areas?
Randv Rohman responded they will use the natural drainage as much as they can and they may have to take
out some more to add additional detention volume in that area. He also mentioned the proposed use for the
Annexation will benefit the large property because there would be no detention requirements for that
residential property as it develops in the future.
Commissioner Vancil congratulated Mr. Rohman's staff on the excellent job done with the well house facility
and hoped it will look that good five years from now.
TESTIMONY BY PROPONENTS
Hazel Smith. 105 Ben Brown Lane. Woodburn. OR 97071 approved the Annexation and was looking forward
to knowing what boundary there will be between that area and her farmland.
TESTIMONY BY OPPONENTS
Robert Raoolevea. 630 Smith Dr.. Woodburn. OR 97071 commented he was not sure he was an opponent.
He asked whether this will solely be used as a storage area for water? He also reported it has flooded back
there because it is a natural storage area and wondered if there would be any more increase that would flood
more if the pond is put in or would it control the flood more?
APPLICANT REBUTTAL
Randv Rohman responded it is solely intended for storage and it is to be designed to such a point as there
will not be any overflow of the area. It has been designed for the 100 year storm event plus a little greater
capacity than that to detain the water. However, he could not say that it would never cause any flooding
problems but the chances of it are extremely slight. Mr. Rohman also pointed out it does form a natural
ponding now because there is some unevenness in elevation but that will be eliminated and once it flows out
there should not be any water left because it will flow to the draining point.
DiSCUSSION
Chairoerson Lima closed the public hearing and opened discussion among the Commission.
Chairoerson Lima did not see any problems with the project.
Planning Commission Meeting - August 26, 2004
Page 2 of 4
29
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Commissioner Knoles commented it seemed to be a pretty straight forward project. However, he asked
whether boundaries will be marked so the other surrounding property could be more defined or will the
property be designated so when the adjoining uses could be done without either infringing on our property or
we infringing on theirs?
Randv Rohman replied the property was sUIVeyed and property markers were placed on the corners. He
stated they will go out and re-identify where those corners are once this is all completed and annexed.
Commissioner Bandelow felt the project made sense and met the City requirements. She stated she was in
favor of the project.
Commissioner Vancil and Commissioner Grioorieff both indicated they too were in favor of the project.
Commissioner Vancil made a motion to approve Annexation 04-01, Zone Change 04-01, Property Line
Adjustment 04-02 and Property Line Adjustment 04-03 and requested Staff return with facts and findings.
Commissioner Bandelow seconded the motion. Motion unanimously carried.
ITEMS FOR ACTION
A. Final Order for Deslan Revl_ 04-04. Variance 04-18 and Variance 04-17. tenant SDace
ImDrovements to an exlstlna shoDDlna center Includina a new two-lane drlve-thru bank facilltv:
Variance to landscaoe standards and ta allow for Darklna SDaces to be allowed In the 15 ft.
setback adlacent to the street. located at 1855 Mt. Hood Ave.. Mld-Vallev Bank. aDDllcant.
Commissioner Grioorieff stated although she was not present for the meetin9, she reviewed the packet and
the draft copy of the minutes and felt comfortable in voting.
Commissioner Bandelow moved to approve the final order. Commissioner Knoles seconded the motion,
which carried unanimously.
B. Final Order for Planned Unit DeveloDment 04-03. Phaslna Plan 04-02. Variance 04-11. Variance
04-12. Variance 04-13. Variance 04-14 and Variance 04-18. reauest for PUD Prellmlnarv Plan
aDDroval and PUD Deslan Plan Final aDDroval for 78 slnale family dwelllna lots to be
develoDed In two Dhases: Reauest for Variance aDDroval to reduce the reaulred 55 foot
minimum lot width to 47 feet and 34.7 and 39.3 feet for cul-de-sac lots #72 and #73: Reauest
for Variance 8DDroval to reduce the reaulred 90 foot lot deDth to 88.9 feet for lot #71 and 84.8
feet for Lot #74: Reauest for Variance aDDroval to Increase the 35 Dercent lot coveraae
reaulrement to 50 oercent lot coveraae for all lots: Reauest for Variance aDDroval to the 1200
foot black lenath reaulrement standards: and Reauest for Variance aDDroval to the 1200 foot
block lenath reaulrement located at the eastern terminus of Tukwlla Drive. south of the Urban
Growth Boundarv. Renaissance DeveloDment. aDDllcant.
Commissioner Bandelow moved to approve the final order as presented by Staff and Commissioner Knoles
seconded the motion. Motion unanimously carried.
DISCUSSION ITEMS
None
REPORTS
None
BUSINESS FROM THE COMMISSION
Chairoerson Lima requested that an effort be made to have more Commissioners appointed. He announced
it appeared that Royce Young is on his way out since he has missed several meetings. Chairperson Lima
also commented it is necessary to have a full Commission to operate properly. He used as an example what
occurred at the previous meeting when the meeting had to be postponed due to lack of quorum and
rescheduled as a special meeting, which turned out to be a pretty contentious meeting. Additionally, he felt
Planning Commission Meeting - August 26, 2004
Page 3 of 4
30
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the Mayor needed to take a fairly aggressive stance in recruitment as he did not feel comfortable in having
a partial Commission. He also commented a former Commissioner has volunteered to come back.
Commissioner Vancil asked the viewing public that might be interested to please contact the City Recorder,
Mary Tennant to apply.
Commissioner Bandelow requested an update regarding the enforcement of the new Sign Ordinance.
Staff reported Breah Pike-Salas, Associate Planner has been focusing on that pretty much full time. She is
currently focusing primarily on temporary signs that are in the right-of-way. Additionally, she has been dealing
with temporary signs on private property and therefore, there have been quite a few property owners that have
received visits and letters. Staff stated there has been some backlash in response to enforcement, which was
fully expected.
Commissioner Bandelow further commented it was good to see that the Ordinance is working.
ADJOURNMENT
Commissioner Bandelow moved to adjourn the meeting. Commissioner Knoles seconded the motion, which
carried unanimously. Meeting adjourned at 7:45 pm.
APPROVED~' ~ ~. t l:I~y
IMA, HAIRPE SON . 'TE '
fl..~i(1. ~,YI)"'^O V((~ t~41"'r~''''''
ATTEST
Jim
Com nity Development Director
City 0 Woodburn, Oregon
,
'1- 9-(Y!
Dale
Planning Commission Meeting - August 26, 2004
Page 4 of 4
31
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8E
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
September 1 , 2004
To:
Jim Mulder, Community Development Director
From:
Building Division
Subject:
Building Activity for August 2004
2002 2003 2004
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 11 $1,512,643 16 $2,564,639 8 $1,375,900
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 1 $590,097 0 $0
Residential Adds & Alts 5 $28,350 B $57,511 5 $64,600
Industrial 0 $0 0 $0 0 $0
Commercial Value 10 $566,988 10 $2,238,566 9 $254,976
Signs, Fences, Driveways 4 $10,300 2 $3,000 6 $12,900
Manufactured Homes 0 $0 1 $50,400 0 $0
TOTALS 30 $2,118,281 38 $5,504,213 28 $1,708,376
Fiscal Year (July 1. $5,170,511 $9,004,713 $5,563,386
June 30) to Date
1:\CorrmJnity DeveIoptnent\BIdg\8UHclng ActIYtty\BIdgActo2OO4\Bldg Acllvity. ~'CtIYtty -AiIgust 2004.wpd
32
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September 8, 2004
TO: Honorable Mayor and City Council through City Administrator
FROM: Randy Scott, Senior Engineering Technician, through the Public
Works Director 1('S
SUBJECT: STREET TREE REMOVAL 461 CLEVELAND
BACKGROUND:
Permission will be issued to the property owner resididing at 461 Cleveland Street
for removal of a street tree.
INFORMATION:
Mr. Dennis Want, expressed some concern about a street tree adjacent to
property he owns at 461 Cleveland Street (between Settlemier and Second).
The tree is large Douglas fir, approximately 100+ feet in height.
Mr. Stephen Wiley, a certified arborist with Urban Forestry Solution evaluated the
tree. The stem of the Douglas-fir is 40" in diameter, at approximately 8 feet in
height, the main stem splits into three smaller diameter stems. They reach a
height of approximately 100 feet. The crotch of the tree, where it splits into three
separate stems shows visible signs of failure, which could become a hazard and
threat to public safety. Mr. Wiley recommended the Douglas-fir tree be
removed.
The tree being a signicant tree may have some historical value and is therefore
being brought to council's attention. Included with this memo is picture of the
subject tree.
FINANCIAL IMPACT:
The tree being a possible threat to public safety, the property owner would be
eligible to apply for subsidy to assist in the removal cost. In accordance with
Resolution 1514, a resolution establishing a cost sharing policy for street tree
maintenance in the public right of way, the maximum subsidy for one property
may not exceed $500
Agenda Item Review: City Administrat
Finance
36
Honorable Mayor and City Council
September 8, 2004
Page 2
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.
37
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September 2, 2004
TO:
Mayor and City Council through City Administrator
FROM:
Ben Gillespie, Finance Director
SUBJECT:
Water/Sewer Liens
RECOMMENDATION:
Amend Ordinance No. 1965 to add a new Section 3(F):
If a property served by City utilities is purchased by a bona fide purchaser with
no knowledge of unpaid charges for prior utility service to the same property, the
purchaser of the property shall not be responsible for any of the utility charges
that the former owner fails to pay.
BACKGROUND:
At the Council meeting of August 9, 2004, a water/sewer customer raised questions
about how the City handles existing bills when a new owner or tenant moves in.
Staff drafted an amendment to Ordinance 1965 for the Council's consideration at
its August 23 meeting. Council found the provisions of the amendment to be too
vague and directed staff to return language that was specific about the conditions
under which the water/sewer obligation would be relieved.
A copy of the staff report for the August 25 Council meeting is attached.
DISCUSSION:
The proposed change to Ordinance 1965 deals very narrowly with the issue of a
new owner's obligations for debts incurred by a former owner.
FINANCIAL IMPACT:
The revised ordinance will result in the loss of some revenue to Bad Debt Expense.
Management estimates with no additional collection efforts, the loss per year would
total $3.600. That would increase the Bad Debt rate by a less than one tenth of one
percent (0.06%). However, anticipated additional collection efforts would reduce
that loss further.
City Administrat>>' City Attorney ~
Finance
Agenda Item Review:
38
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August 19, 2004
TO:
FROM:
Mayor and City Council through City Administrator
Ben Gillespie, Finance DirectW
Water/Sewer LIens
SUBJECT:
RECOMMENDATION:
Adopt the attached ordinance, amending Section 3 of Ordinance No. 1965.
BACKGROUND:
At the last Council meeting, a water/sewer customer raised questions about how
the City handles existing bills when a new owner or tenant moves in.
Whenever a customer begins water/sewer service, staff checks to determine if that
person has previously had service in Woodburn. If so, any outstanding bills from the
previous residence must be settled before water is turned on at the new residence.
In the event a customer moves out of town leaving an unpaid balance (after
applying the deposit), the ordinance gives the City the authority to collect from the
owner. This ensures that the bill is paid when the customer moves out of town and
out of the City's reach. In the case of a rental, the City is requiring that the bill be
paid before service is started for the new tenant. In most cases the owner pays the
bill. In instances where the owner and the tenant have agreed, the new tenant
pays.
When the property is owner occupied, escrow companies discover the bill when
they check with the City about outstanding liens (LID's or Housing Rehab loans).
Because the date service is terminated rarely coincides with the last day of the
billing cycle, there is almost always an outstanding bill. This is often paid as part of
the closing transactions. The City sends a letter to new owners advising them of the
situation and recommending that they not pay the previous owner's final balance
on their property, because it will likely be paid by the former owner or the escrow
company (Attachment 1).
Agenda Item Review: City Administrat
City Attorney _
Finane
39
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Mayor and City Council
August 19, 2004
Page 2
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Occasionally both the escrow company and the new owner will pay the previous
owner's final balance resulting in a double payment. In those cases, the City
prepares a check refunding to the new owner the amount of the overpayment.
This is what happened in the case of the person who came before the Council.
Although records are not kept of how often this occurs, staff estimates the situation
arises less than five times per year.
DISCUSSION:
Collection efforts must balance the need to collect all that is due and the desire to
maintain good customer relations. The existing wording in the City's ordinance
emphasizes effective collections over customer relations. The Council, at its last
meeting, indicated a desire to move to a more balanced and equitable approach,
when dealing with new owners.
Staff has developed an amendment to the water/sewer ordinance which we
believe will address Council's concerns. Pursuant to the revision:
The Finance Director is delegated the authority to forgive the payment of certain
sanitary sewer and water bills when the following specific conditions are met:
1. Title of the property has been transferred to a new owner,
2. The former owner of the property cannot be located, and
3. Reasonable collection efforts against the former owner of the property have.
Since the unpaid account can ultimately result in the imposition of a city lien, the
debt will show up on a title search. As a practical matter, the City is usually able to
recover the money from the former owner.
The City has initiated a process that will soon allow on-line title searches. Those
procedures, when in place, will identify outstanding water/sewer bills as well as liens
against the property.
FINANCIAL IMPACT:
The revised ordinance will result in the loss of some revenue to Bad Debt Expense.
Management estimates with no additional collection efforts. the loss per year would
total $3,600. That would increase the Bad Debt rate by a less than one tenth of one
percent (0.06%). However, anticipated additional collection efforts would reduce
that loss further.
40
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ATTACHMENT 1
Joe Citizen
123 4th Avenue
Woodburn, OR 97071
RE: Water/Sewer Bill
Account Number: 00-1066
Ms.:
Records indicate that you are the new owner of the property located at 123 4th Ave.
Under the terms of Ordinance #1965, passed by the City Council on February 1987, the
City is required to send notification of any final bill owing. The previous tenant, Joan
Owner has a final water/sewer charge of $57.10.
Ordinance # 1965, states that the non-delinquent bill, after deposit deduction, remains
with the property. In the event the previous tenant does not pay this final bill in a
reasonable time, a lien will be placed against the property.
A final bill is sent to the previous tenant at the same time this letter is being sent to you.
We ask that you contact us after a month's time to check the status of this bilI. If
you have any questions, please contact the Water Department at 982-5218.
Sincerely,
41
4 ._~, 1"-
"
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 1965. THE SANITARY SEWER AND
WATER SERVICE AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 1965 provides rules, regulations and enforcement for
the use and supply of city sanitary sewer service and water service; and
WHEREAS, Section 3 of the ordinance provides that all charges for sanitary
sewer and water services shall be chargeable to the premises of property where
such service is supplied; and
WHEREAS, Section 3 further provides that all persons signing an application
for the use of such services shall be personally liable for all charges accrued
against the property designated within an application; and
WHEREAS, on occasion, under current operation of Ordinance 1965,
charges accrued by the seller of a residential property have not been
addressed through the escrow process, remain uncollected, and are required to
be paid by the party purchasing the property; and
WHEREAS, the City Council finds that it is fair, and good public policy to
relieve a purchaser under such circumstances from the obligations of the
previous owner which remain with the property;
NOW, THEREFORE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3 of Ordinance 1965 is amended to add a new section,
Section 3(F), to read as follows:
If a property served by City utilities is purchased by a bona fide
purchaser with no knowledge of unpaid charges for prior utility
service to the same property, the purchaser of the property shall not
be responsible for any of the charges that the former owner fails to
pay.
Page 1 - Council Bill No.
Ordinance No.
42
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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 of the Council and
approval by the Mayor.
Approved as to form:
City Attorney
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No.
Ordinance No.
43
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September 13, 2004
FROM:
Honorable Mayor and City counci~ ~
John C. Brown, City Administrato~ ,~
TO:
SUBJECT:
Public Hearing - Northwest Natural Franchise
RECOMMENDATION:
It is recommended the City Council continue the pUblic hearing regarding
Northwest Natural Gas Company's franchise agreement until the Council's
regular meeting of September 27,2004.
BACKGROUND AND DISCUSSION:
A public hearing was scheduled for August 9, 2004 to discuss renewing
Northwest Natural Gas Company's franchise agreement. The hearing was
continued on August 9, 2004 to the Council's September 13,2004 meeting to
allow adequate time to complete franchise negotiations. Franchise negotiations
are still underway with Northwest Natural and it is recommended that your
Council continue the public hearing on this matter until your regular meeting of
September 27, 2004. Northwest Natural has agreed to the extension.
Northwest Natural's extended franchise is set to expire September 15, 2004. To
provide additional time to complete negotiations, and conduct the referenced
public hearing, an ordinance which extends the existing franchise until
September 30, 2004, will be presented for your consideration as an item of
general business on your agenda for September 13, 2004.
City Administrat~ City Attorney ~
Agenda Item Review:
Finance
44
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WOODBURN
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September 13, 2004
TO:
FROM:
Honorable Mayor and City Council through City Administrator
John C. Brown, City Administrato~
SUBJECT:
Northwest Natural Gas Company Franchise Extension
RECOMMENDATION:
It is recommended the City Council adopt the attached ordinance amending
Ordinance No. 2133, the Northwest Natural Gas Company Franchise, to extend
said ordinance until September 30, 2004.
BACKGROUND:
Franchise agreements are required of utility providers who use city rights-of-way.
A ten-year franchise, which expires this year, was granted to Northwest Natural
Gas Company (Northwest Natural) in 1994. The franchise agreement defines the
relationship between Northwest Natural and the City related to the company's
operation within city rights of way and for franchise and privilege tax payments.
Northwest Natural and the City commenced franchise renewal negotiations
earlier this summer. A public hearing was scheduled for August 9, 2004, to
discuss the proposed terms of a franchise renewal. Negotiations with Northwest
Natural were not competed by August 9th, and the hearing was continued until
September 13, 2004. Because the Northwest Natural Franchise was set to expire
on August 22, 2004, the City Council also approved an extension of the franchise
until September 15, 2004 to allow time to conclude negotiations.
DISCUSSION:
Northwest Natural has had the City's last franchise proposal since early August,
but has nat completed its review and response. Northwest Natural
representatives have indicated their review will be completed by September
17th. Accordingly, you were asked under a separate agenda item to continue
the public hearing on this matter until your September 27, 2004 meeting. To
avoid disruption that might result if the franchise agreement expires prior to the
approval of a successor agreement, and to provide adequate time to
Agenda Item Review: City Administrator _
City Attorney
Finance
45
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Honorable Mayor and City Council
September 13, 2004
Page 2
.
.
complete negotiations, it is recommended that the' City Council approve
another extension of the current franchise until September 30, 2004.
An ordinance that extends the existing franchise until September 30, 2004, is
attached for your consideration and approval. This agreement is acceptable to
Northwest Natural.
FINANCIAL IMPACT:
Extension of the existing franchise will preserve the City's rights to collect both
franchise fees and privilege taxes from Northwest Natural during the extension
period.
46
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2133. THE NORTHWEST NATURAL
GAS COMPANY FRANCHISE. TO EXTEND SAID ORDINANCE UNTIL SEPTEMBER 30.
2004 AND DECLARING AN EMERGENCY.
WHEREAS. Ordinance No. 2133 grants a franchise to the Northwest Natural
Gas Company to operate a gas utility system within the corporate limits of the
City of Woodburn; and
WHEREAS. according to the terms of this ordinance this franchise expires
on August 22, 2004; and
WHEREAS. negotiations between the City and Northwest Natural Gas
Company are ongoing and a renewal of the franchise is anticipated in the near
future; and
WHEREAS. on August 9, 2004, the City Council adopted Ordinance No.
2369 which extended the terms of Ordinance 2133 until September 15.2004 to
allow for completion of franchise negotiations; and
WHEREAS. it has become necessary to further extend the terms of the
franchise until September 30, 2004 so that negotiations can be completed; and
WHEREAS. under Oregon state law and pursuant to Ordinance No. 2145,
the City also has imposed a two percent privilege tax on the gross revenues of
Northwest Natural Gas Company; and
WHEREAS. pursuant to applicable law, the privilege tax will continue to be
collected by the City in addition to the franchise fee; and
WHEREAS. Northwest Natural Gas Company has consented to the
extension of the franchise under Ordinance No. 2133 and it is in the best interest
of the City to amend said ordinance to allow for said extension; NOW.
THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Council finds that Northwest Natural Gas Company has
consented to this amendment.
Page 1 - Council Bill No.
Ordinance No.
47
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Section 2. The terms and conditions of Ordinance No. 2133 are
readopted subject to Section 3 below.
Section 3. Section 4 of Ordinance No. 2133 is amended to read as follows:
Section 4. Duration. This franchise shall expire on
September 30, 2004.
Section 4. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage and approval by the
Mayor.
Approved as to form: en- ~ M)
City Attorney
4'/~/'20otf
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No.
Ordinance No.
48
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September 13, 2004
TO:
FROM:
Honorable Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development ~
Resolution Calling for Public Hearing of Annexation Case File No. 04-
01 to Consider Annexation of City of Woodburn Property located at
515 Settlemier Avenue
SUBJECT:
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution calling
for a public hearing on October 11, 2004 to consider annexation of property
located at 515 Settlemier Avenue.
BACKGROUND:
The City of Woodburn, the applicant. has submitted applications to annex 3.11
acres of land into the City of Woodburn and change the zoning of the property
from Marion County Urban Transition Farm IUTF) to City of Woodburn Single
Family Residential IRS) Zoning District and Public and Semi-Public (P/SP) Zoning
District, and adjust the property lines between tax lots # 1 00, #4000 and #4100.
The subject property consists of three tax lots described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot #100 and
Township 5 South, Range 1 West. Section 18BC, Tax Lots #4000 and #4100.
DISCUSSION:
State law requires a city council to set a public hearing to consider an
annexation proposal. A resolution setting the date for public hearing before the
City Council on October 11, 2004 is attached.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administrato
Finance
49
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF
CERTAIN PROPERTY LOCATED SOUTH OF SMITH DRIVE, APPROXIMATELY
730 FEET WEST OF SETTLEMIER AVENUE AT 515 SETTLEMIER AVENUE.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 222.120, 7:00 p.m. on October 11, 2004 is declared to be
the time set for public hearing before the Woodburn City Council on whether the City of
Woodburn shall annex the property described in Exhibit "A" attached hereto.
Section 2. Pursuant to ORS 222.120, no election is required on this issue.
Section 3. Notice of said hearing shall be published once each week for two successive
weeks prior to the day of the hearing, in a newspaper of general circulation within the City, and
notices of the hearing shall be posted in four public places in the Cit for Ii e period.
Approved as to Form~ ~ ~ 1 2 () oJ{-
City Attorney
APPROVED
KATHRYN FIGLEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office ofthe Recorder
ATTEST
Mary Tennant, City Recorder
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
50
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LEGAL DESCRIPTION - ANNEXATION 04-01
Beginning at a point on the South boundary line of Block 3, SMITH'S
ADDITION marking the most westerly Northwest corner of that tract of land
described in reel 2027, Page 84 Deed Records for Marion County, Oregon
which points bear South 860 53"47" East 486.88 feet from the Southwest
corner of Lot 4, Block 9, SMITH'S ADDITION NO.2 as platted and recorded
in Volume 29, Page 43, Book of Town Plats and being situated in the
Northwest Quarter of Section 18, Township 5 South, Range 1 West of the
Willamette Meridian in Marion County, Oregon:
thence North 86053'47" West along said boundary line, and along the
South boundary line of SMITH'S ADDITION NO.2, a distance of 393.50 feet
to the TRUE POINT OF BEGINNING;
thence South 86053'47" East along said boundary line, a distance of
243 feet, more or less, to the westerly city limits line;
thence South 18026'16" West along said city limits line, a distance of
242.54 feet;
thence North 67031'35" West 594.04 feet;
thence North 89039'00" West 211.58 feet;
thence North 17024'00" East 207.13 feet;
thence South 72036'00" East 211.00 feet;
thence South 67031'35" East 262.67 feet to a point on the westerly
line of said Lot 4;
thence South 16043'17" West 15.00 feet to the Southwest corner of
said Lot 4;
thence South 86053'47" East along the South line of said Block 9, a
distance of 93.30 feet to the Point of Beginning and containing 3.11 acres
of land, more or less.
, I.
51
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WOODBURN
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.
.
September 8, 2004
FROM:
Honorable Mayor and City Council through City Administrator
Public Works Program Manager -4 ~
Transit Operating Grant Agreement
TO:
SUBJECT:
RECOMMENDATION:
Approve the attached resolution entering Into ODOT Grant Agreement No.
21937 with the State of Oregon to receive $61,276.00 in publiC transportation
operating assistance funding and authorizing the City Administrator to sign the
agreement on behalf of the City.
BACKGRQYND:
The city has been receiving annually operating assistance from the Federal
Transit Administration's public transportation operating assistance program for
small cities and rural areas since the early 1980's. These federal funds are
administered by the Oregon Department of Transportation and the city applies
for these funds each year.
DISCUSSION:
This agreement provides for $61.276 in assistance for providing public
transportation service. This is approximately 35 percent more than the previous
year. Availability of additional funding resulted from an Increase In available
federal funding this year and from a large recipient dropping out of the
program due to population that exceeded the maximum allowed. Statewide
fund availability was also enhanced because there were also no new recipients
added to the program for the first time is several years. The city attorney has
reviewed the agreement. Staff recommends that the resolution be approved
authorizing City Administrator to sign the agreement on behalf of the city.
FINANCIAL IMPACT:
This operating assistance is a budgeted revenue source in the approved 2004-
2005 budget.
Agenda Item Review: City Administrot
City Attorney /If l ~
Finance
52
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 21937 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodbum has applied for federal public transportation
operating assistance funds for Federal Fiscal Year 2004 under Title 49, United States
Code, Chapter 5311, Small City and Rural Areas Program, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications and to
administer the disbursement of the federal assistance, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$61,276 in operating expenses for the City of Woodbum to be used in support of public
transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodbum enter into Grant Agreement No. 21937,
which is affixed as Attachment" A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
through Title 49, United States Code. Chapter 5311 for the purpose of supporting public
transportation.
Section 2. That the City Administrator of the City of Woodbum is authorized to sign
said agreement on behalf of the City.
Page 1- COUNCIL BILL NO.
RESOLUTION NO.
53
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Approved as tOform~' ~ ~
City Attorney
~+
Date
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
54
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ATrACHMENT A
State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
STATE GRANT AGREEMENT No. 21937
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State"; and
City of Woodburn hereinafter referred to as "Recipient". Recipient enters into this Agreement
with State to secure financial assistance to complete the activities described in Exhibit B,
hereinafter referred to as the "Project", attached hereto and by this reference made a part hereof.
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies for the performance of any
or all functions and activities that a party to the agreement, its officers, or agents have the
authority to perform. The State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733.
2. This Agreement is based upon, and is subject to, Oregon Revised Statutes (ORS), Oregon
Administrative Rules, and Federal Transit Administration (FfA) regulations such as those
contained in ORS 323.455, ORS 391.800 through 391.830 and FfA Circular 9040.1E
including all associated references and citations. From time to time these laws, rules and
regulations may be amended; and State reserves the right to amend this Agreement if it is
affected. State will provide thirty days notice of impending changes and will prepare a
supplemental agreement incorporating the changes to be executed by the parties.
3. The following documents, Agreement Obligations and General Provisions, Exhibit A:
Financial Information, and Exhibit B: Project Description and Budget are attached hereto
and by this reference made a part of this grant Agreement. The following document is
incorporated by reference: Fiscal Year 2004 Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements. These
certifications and assurances are used in connection with all Federal assistance programs
administered by FfA during Federal Fiscal Year 2004. These certifications and assurances
include all annual certifications required by 49 USC !i 5311 Nonurbanized Area Formula
Program.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT:
i. Estimated total project cost is $122,552.00. Maximum allowable reimbursement shall be
either 50% of allowable costs or $61,276.00, whichever is less.
2. This agreement is to begin on July 1, 2004 and shall expire, unless otherwise terminated,
on June 30, 2005.
Revised 05/04
Page 1 of 11
55
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
IN WITNESS WHEREOF, the parties have set their hands as of the day and year hereinafter
wri !ten.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2,
which authorizes the Director to approve and execute agreements for day-to-day operations when
the work is related to a project included in the Statewide Transportation Improvement Program or
a line item in the biennial budget approved by the Commission.
On March 18, 2004 the Director approved Subdelegation Order No. 14, which delegates the
authority to conduct the following day-to-day operations to the Public Transit Division Manager:
Execute Oregon Transportation Commission intergovernmental agreements and grants
for special payments to local governments and other non-profit units and operators of
public transportation services for disbursement of state and federal funds for public
transit programs. The Division Manager will maintain a listing of all intergovernmental
agreements and grants and submit a quarterly report to the OTC.
City of Woodburn
190 Garfield Street
Woodburn, OR 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Signature (Legally designated representative)
Martin W. Loring
Administrator
Title
Date
.Tn'hn ("" 'A.Y'Q'I071"'1
Name (printed or typed)
City Administrator
Title
Date
Recipient's Legal Counsel Date
(If required in local process only)
Name (printed or typed)
Signature
Name (printed or typed)
Title
Date
Revised 05/04
Page 2 of 11
56
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
A2l"eement Oblil!:ations and General Provisions
I. RECIPIENT OBLIGATIONS
A. General Requirements
1. Recipient shall conduct activities in accordance with Exhibit B, Project
Description and Budget. Recipient shall notify State in writing of changes in the
Project prior to performing any changes and will not perform any changes to the
Project listed in Exhibit B without specific written approval from State.
2. Recipient shall make purchases of any equipment, materials, or services pursuant
to this Agreement under procedures consistent with Oregon Administrative Rules
Chapter 125 for the Oregon Department of Administrative Services and Oregon
State Law and in conformance to FfA Circular 4220.10, Third Pany Contracting
Requirements. ensuring that:
. all applicable clauses required by Federal Statute, executive orders and
their implementing regulations are included in each competitive
procurement;
. all procurement transactions are conducted in a manner providing full and
open competition;
. procurements exclude the use of statutorily or administratively imposed in-
state or geographic preference in the evaluation of bids or proposals (with
exception of locally controlled licensing requirements);
. contracts will not exceed a period of five years without prior approval of
FfA, and;
. Architectural and engineering procurements are based on Brooks Act
procedures unless the State of Oregon has adopted a statute that governs
such procurements.
Recipient is responsible for submission of any draft sub-agreements and contracts
associated with this Agreement to State for review and approval. Best Practices
Procurement Manual, a technical assistance manual prepared by the Ff A, is
available on the Ff A website: <www.fta.dot.l!:ov>.
3. Recipient agrees to comply with all federal, state, and local laws. regulations,
executive orders and ordinances applicable to the work under this Agreement,
including, without limitation, the provisions of ORS 279.312, 279.314, 279.316,
279.320 and 279.555, which hereby are incorporated by reference. Without
limiting the generality of the foregoing, Recipient expressly agrees to comply with
(i) Title VI of Civil Rights Act of 1964; (ii) Sections V and Section 504 of the
Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and
ORS 659A.142; (iv) all regulations and administrative rules established pursuant to
the foregoing laws; and (v) all other applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations.
4. Recipient shall maintain all required records for at least three years after State's
final payment.
Revised 05/04 Page 3 of 11
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
5. To receive reimbursement as described in Section n, Paragraph A of State
obligations, Recipient shall submit quarterly progress reports. Reports shall include
a detailed statement of revenues and expenditures for each quarter, including
documentation of local match contributions. State reserves the right to request such
additional information as may be necessary to comply with federal or state
reporting requirements.
The reporting periods are based on the state fiscal year. Quarter 1 is July through
September. Quarter 2 is October through December. Quarter 3 is January through
March. Quarter 4 is April through June. Reports are due to Public Transit Division,
555 l31h St. NE Suite 3, Salem OR 97301 no later than 45 days after the last day of
the quarter.
6. Recipient shall defend, save and hold hanmess the State of Oregon, including the
Oregon Transportation Commission, State , and their members, officers, agents,
and employees from all claims, suits, actions of whatsoever nature resulting from
or arising out of the activities of Recipient or its subcontractors, agents or
employees under this agreement. Recipient shall not be required to indemnify State
for any such liability arising out of negligent acts or omissions of the State of
Oregon, its employees, or representatives. This provision is subject to the
limitations, if applicable, set forth in Article XI, Section 10 of the Oregon
Constitution and in the Oregon Tort Claims Act, ORS 30.260 to 30.300.
Notwithstanding the foregoing defense obligations under Paragraph 6, neither
Recipient nor any attorney engaged by Recipient ~hal1 defend any claim in the
name of the State of Oregon or any agency of the State of Oregon, nor purport to
act as legal representative of the State of Oregon or any of its agencies, without the
prior written consent of the Oregon Attorney General. The State of Oregon may, at
anytime at its election assume its own defense and settlement in the event that it
determines that Agency is prohibited from defending the State of Oregon, or that
Recipient is not adequately defending the State of Oregon's interests, or that an
important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any
claims it may have against Recipient if the State of Oregon elects to assume its
own defense.
7. Recipient shall perform the services under this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
its employment of individuals to perform the work under this agreement, including
but not limited to retirement contributions, workers' compensation, unemployment
taxes, and state and federal income tax withholdings.
8. All employers, including Recipient, that employ subject workers who work under
this Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Recipient shall ensure that each of its subcontractors
complies with these requirements.
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
9. Recipient acknowledges and agrees that the Federal Government, absent express
written consent by the Federal Government, is not a party to this Agreement and
shall not be subject to any obligations or liabilities to the Recipient, contractor or
any other party (whether or not a party to the Agreement) pertaining to any matter
resulting from the underlying Agreement.
10. Recipient's officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or
parties to sub-agreements. No member or delegate to the Congress of the United
States or State of Oregon employee shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
11. In accepting this Agreement, Recipient certifies that neither Recipient nor its
principals is presently debarred, suspended, or voluntarily excluded from this
Federally-assisted transaction, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in this Agreement by any state or federal
agency. Recipient must provide notice to State if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions, etc.).
12. Any recipient of grant funds, pursuant to this Agreement with State, shall assume
sole liability for that Recipient's breach of the conditions of this Agreement, and
shall, upon Recipient's breach of conditions that requires State to return funds to
the Federal Transit Administration, hold harmless and indemnify State for an
amount equal to the funds received under this Agreement; or if legal limitations
apply to the indemnification ability of the recipient of grant funds, the
indemnification amount shall be the maximum amount of funds available for
expenditure, including any available contingency funds or other available non-
appropriated funds, up to the amount received under this Agreement.
B. Audit Requirements
1. Recipients receiving Federal funds in excess of $500,000 are subject to audit
conducted in accordance with Office of Management and Budget (OMB) Circular
A-B3, Audits of States, Local Governments, Non-profit Institutions. Recipient, if
affected by this requirement, shall at Recipient's own expense, submit to State,
Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy
of its A-133 annual audit covering the funds expended under this Agreement and
shaH submit or cause to be submitted, the annual audit of any subcontractor of
Recipient responsible for the financial management of funds received under this
Agreement.
2. Recipients receiving less than $500,000 in Federal funds shall, at Recipient's own
expense, submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem,
OR 97301-4179, a copy of any annual audit covering the funds expended under
this Agreement by Recipient or any subcontractor of Recipient receiving funds as a
result of this Agreement; and a copy of the management letter and any report that
accompanies the annual audit covering the funds expended under this Agreement.
Revised 05/04 Page 5 of 11
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
C. Other Federal Requirements
One of the principles of contracting with Federal funds received indirectly from the
PI A is recognition that, as a condition of receiving the funds, certain specific
requirements must be met not only by the Recipient, but also by any sub-recipients and
contractors. To the extent applicable, Federal requirements extend to the third party
contractors and their contracts at every tier and sub-recipients and their sub-
agreements at every tier. The specific requirements for particular grant funds are found
in the Master Agreement that is signed and attested to by State. This Master
Agreement is incorporated by reference and made part of this grant agreement. Said
Master Agreement is available upon request from Public Transit Division by calling
(503) 986-3300 or accessing the PIA website: www:fta.dot.govllibraryllegal
The following is not a complete list of Federal requirements. Rather it is a summary of
various primary requirements associated with the type of transaction covered by this
Agreement and the type of funds described in Exhibit A.
1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252
42 USC 2000d) and the regulations of the United States Department of
Transportation (49 CFR 21, Subtitle A). Recipient shall exclude no person on the
grounds of race, religion, color, sex, age, national origin, or disability from the
benefits of aid received under this Agreement. Recipient will report to State on at
least an annual basis the following information: any active lawsuits or complaints,
including dates, summary of allegation, status of lawsuit or complaint including
whether the parties entered into a consent decree.
2. Recipient shall comply with PIA regulations in Title 49 CFR 27.9,
Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving
or Benefiting from Federal Financial Assistance which implements the
Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act
of 1990, and 49 CFR parts 37 and 38.
3. Recipient has, or will have, the necessary legal, financial, and managerial
capability to apply for, receive, and disburse Federal assistance authorized for 49
use ~ 5311; and to implement and manage the Project.
4. Recipient has, to the maximum extent feasible, coordinated with other
transportation providers and users, including social service agencies authorized to
purchase transit service.
5. Recipient has complied with the transit employee protective provisions of 49 USC
5333(b ).
6. Recipient will comply with applicable provisions of 49 CFR part 605 pertaining to
school transportation operations. ''Tripper services" that are part of the routine
schedule and are open to the general public are not considered to be school bus
services.
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Page 6 of 11
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
7. Recipient will correct any condition which State or Ff A believes "creates a serious
hazard of death or injury" in accordance with Section 22 of the Federal Transit Act
of 1964. as amended.
8. Recipient will comply with the applicable provisions of 49 CPR part 26 related to
Disadvantaged Business Enterprises and report quarterly to State. Each contract
the grantee signs with the contractor (and each subcontract the prime contractor
signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of State-assisted contracts.
Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract
or such other remedy, as the Recipient deems appropriate."
9. Recipient has certified to State that it will comply with 49 CPR part 604 in the
provision of any charter service provided with equipment or facilities acquired
with FfA assistance.
10. Recipient and contractors receiving in excess of $100,000 in Federal funds must
certify to State that they have not and will not use Federal funds to pay for
influencing or attempting to influence an office or employee of any Federal
department or agency. a member of Congress. or an employee of a member of
Congress in connection with obtaining any Federal grant, cooperative agreement or
any other Federal award. If non-federal funds have been used to support lobbying
activities in connection with the project Recipient shall complete Standard Form
LLL. Disclosure Form to Report Lobbying and submit the form to State at the end
of each calendar quarter in which there occurs an event that requires disclosure.
Restrictions on lobbying do not apply to influencing policy decisions. Examples
of prohibited activities include seeking support for a particular application or bid
and seeking a congressional earmark.
11. Recipients, sub-recipients and their contractors with safety sensitive employees
(except maintenance contractors) shall comply with the drug and alcohol testing
regulations as defined by Prevention of Alcohol Misuse and Prohibited Drug Use
in Transit Operations (49 CPR part 655); and Procedures of Transportation
Workplace Drug and Alcohol Testing Programs (49 CPR part 40). Recipient
agrees to comply with. and ensures the compliance of its employees, sub-recipients
and contractors with information restrictions and other applicable requirements of
the Privacy Act of 1974, 5 USC 552.
II. STATE OBLIGATIONS
A. Sate shall reimburse eligible costs incurred in carrying out the Project subject to the
amounts shown in the Terms of Agreement.
B. State certifies, at the Revised 05/04
time this Agreement
Page 7 of 11
61
is executed. that sufficient funds are
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriated limitation within the current biennial budget.
C. State reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Recipient's activities. State reserves
the right to reallocate any portion of the Agreement amount which State reasonably
believes will not be used by Recipient within the Terms of Agreement.
III. GENERAL PROVISIONS
A. This Agreement may be terminated by mutual written consent. State may terminate
this Agreement, in whole or in part, effective upon delivery of written notice to
Recipient, or at such later date as may be established by State, under any of the
following conditions. Any termination of this Agreement shall not prejudice any rights
or obligations accrued to the parties prior to termination.
1. If Recipient fails to provide services called for by this Agreement within the time
specified herein or any extension thereof; or
2. If Recipient fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from State fails to
correct such failures within 10 days or such longer period as State may authorize;
or
3. If State fails to receive appropriations, limitations or other expenditure authority
sufficient to allow State, in the exercise of its reasonable administrative discretion,
to continue to make payments for performance of this agreement; or
4. The requisite local funding to continue the Project becomes unavailable to
Recipient; or
5. Federal or State Laws, rules, regulation or guidelines are modified, changed, or
interpreted in such a way that the activities described in Exhibit B of the
Agreement are no longer allowable or no longer eligible for funding proposed by
this Agreement; or
6. The Project would not produce results commensurate with the further expenditure
of funds; or
7. Recipient takes any action pertaining to this Agreement without the approval of
State and which under the provisions of this Agreement would have required the
approval of State; or
8. The commencement, prosecution, or timely completion of the Project by
Recipient is, for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this Agreement.
Revised 05/04
Page 8 of 11
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
B. Recipient acknowledges and agrees that State, the Secretary of State's Office of the
State of Oregon, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of Recipient which are
directly pertinent to the specific Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of three years after final payment.
Copies of applicable records shall be made available upon request. Payment for costs
of copies is reimbursable by State.
c. This Agreement may be revised or amended by a supplemental written agreement
between the parties and executed with the same formalities as this Agreement.
D. This Agreement and attached and referenced exhibits constitute the entire agreement
between the parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
Agreement. No waiver, consent, modification or change of terms of this Agreement
shall bind either party unless in writing and signed by both parties and all necessary
approvals have been obtained. Such waiver, consent, modification or change, if made,
shall be effective only in the specific instance and for the specific purpose given. The
failure of State to enforce any provision of this Agreement shall not constitute a waiver
by State of that or any other provision.
Revised 05/04
Page 9 of 11
63
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
EXHIBIT A
FY 2004 - OS FINANCIAL INFORMA TlON
The information below will assist auditors to prepare a report in compliance with the
requirements of the Office of Management and Budget (OMB) Circular A-l33.
This lrrant is financed bv the funding source(s) as indicated below:
Federal Program State Program Title
Title N/A
Federal Funds Available through:
49 USC 5311 Small City and Rural Areas
ProfZl'am
Federal Catalogue Number:
20.509
Federal Grant Number: State Grant Number:
ORl84021 N/A
Total Federal Funding Total State Funding
$61.276.00 N/A
Federal Funding Agency State Funding Agency
U.S. Department of Transportation Oregon Department of Transportation
Federal Transit Administration Public Transit Division
Region X, Suite 3142 Mill Creek Building
Federal Building 555 13th Street NE, Suite 3
915 Second Avenue Salem. OR 97301-4179
Seattle, W A 98174
Revised 05/04
Page 10 of 11
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State Agreement Number: 21937
Small City and Rural Areas (5311) Operating
Exhibit B
Part I
Project Description and Budget
Project Description Agreement Amount Local Total
Share
STIP Key # 11678 $61,276.00 $61,276.00 $122,552.00
Operating funds for City of
Woodburn
TOTAL $61.276.00 $61,276.00 $122.552.00
Project Descrintion
Operating funds for City of Wood bum Transportation Program. Service type is fixed route within the
city limits of Wood bum. The service operates Mondav-Fridav, 9:00a.m. to 5:00 p.m.
Performance Measures for FY 2004-03
Current Anticipated % Increase or Decrease
FY 2004 FY 2005
Total Passem!:er One-Wav 33,811 38,000 12% increase
E & D One-Way Trins 10.678 12,300 14% increase
Non- E & D One-WavTrivs 23,133 25,700 10% increase
Revenue Service Miles 74,894 82,600 10% increase
Revenue ODeration Hours 5,578 6,200 11 % increase
Revised 05/04
Page 11 of 11
65
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Wo Q.D BURN
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September 7, 2004
TO: Mayor and City Council through City Administrator
FROM: Ben Gillespie, Finance Director_/YrrI
SUBJECT: Contract for Financial Advisor for Police Bond Issue
RECOMMENDATION:
Authorize the City Administrator to sign a contract (attached) with Regional
Financial Advisors, Inc. to act as the City's financial advisor on the Police Bond
issue.
BACKGROUND:
The key players in a bond sale are bond counsel, the financial advisor and (if it is
a negotiated sale) the underwriter. The City's bond counsel is Preston Gates. At
this point the City needs to bind the services of a financial advisor.
The services the financial advisor provides include:
. Recommending a negotiated or a competitive sale
. Structuring the debt
. Preparing cash flow schedules
. Preparing the Preliminary Official Statement
. For a competitive sale, marketing the issue to underwriters
. For a competitive sale, evaluating the proposals
. For a negotiated sale, offering an independent review of the proposal
. Assisting with obtaining a rating for the bonds and bond insurance
. Assisting with closing
DISCUSSION:
There are only a handful of firms that act as financial advisors in Oregon.
Regional Financial Advisors, Inc (RFA) was chosen for the quality of their work
and their independence. There are two other top quality firms in the state, but
they are both associated with banks that might choose to bid on the bonds. By
Agenda Item Review: City Administrat
City Attorney _
Finan
66
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Mayor and City Council
September 7, 2004
Page 2
.
.
selecting a financial advisor that is independent of any potential underwriters,
the City maximizes the interest in the bond issue.
RFA's hourly rates range from $115 per hour for Technical Support to $185 per
hour for the services of the President of the firm. In addition, RFA will bill for direct
or incidental expenses, such as postage, phone calls, and printing.
The contract stipulates "Prior to each bond issuance, RFA can provide a
maximum not-to-exceed amount upon request of the City."
The contract also includes RFA's promise to bill for services only "if the bond
measure is successful and the bonds are issued." If the voters reject the bond
measure, there will be no cost to the City for any service RFA has provided to
that point.
FINANCIAL IMPACT:
The estimated cost of RFA's services on this bond issue is $27,850. Funds to pay
that will come from the bond proceeds ($7,066,000).
67
.._._...__._._~_....__._-~
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Vt=A
Regional Financial Advisors, Inc.
RebeccII MInhaI Chao, President
Faye A. Brown, VIclH'resldenl
Jonao BIory, AnaIyol
Jo-Anne Carloon, Project Coordinator
Kathy Muldor, Admlnlalnltlve Aulotanl
PHONE (503) 227-2009
FAX (503) 227-2510
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733 SW Vista Ave.
Portland, OR 87205-1203
Contract
This contract is between the City of Woodburn, Oregon (the "City") and Regional Financial
Advisors, Inc. ("RFA") to provide financial advisory services in accordance with the scope of
work listed in Attachment A.
The Parties agree as follows:
1. Term. The term of this contract shall be from July 22, 2004 until June 30, 2005, unless
terminated under provisions of the section entitled "Early Termination." Upon mutual
agreement of the parties, the contract period may be extended.
2. ComDensatlon. The City agrees to pay RFA for the Scope of Services as set forth in
Attachment A. RFA's hourly rates and other compensation information are set forth in
Attachment B. Upon mutual agreement of RFA and the City, compensation may be
revised.
3. Billina and Pavment. RFA will bill in accordance with the terms and conditions as stated
in Attachment B.
4. Insurance. RFA will provide certificates of coverage as requested by the City. Worker's
Comoensation: RFA certifies that it is a carrier-insured employer. General Uabilitv: RFA
carries and agrees to continue to carry general liability insurance with bodily injury liability
of $2 million with an aggregate of $4 million. Professional Uabilitv: RFA carries
professional liability with a limit of $1 million.
5. Earlv Termination. Either party may terminate this agreement prior to the expiration of the
term under the following conditions:
. Written notice to the other party is provided at least 30 days in advance of the
termination date.
. In the event of a breach of the contract the other party may terminate
immediately.
In the event of early termination by the City, for reasons other than breach of contract on
the part of RFA, the City is obligated to compensate RFA (in accordance with the terms
68
. ..'.'.----.., --~_.'.. ---.-....--..." ....._... "-'~'-'-"~---~'
~
outlined in Attachment B) for all services performed at the hourly rates quoted, and
reimburse RFA for any expenses incurred on behalf of the City up to the date of
termination. All materials prepared by RFA up to the date of termination will become the
property of the City.
6. Adherence to Law. Both Parties shall adhere with all applicable laws governing its
relationship with its employees, including but not limited to laws, rules, regulations and
policies concerning workers' compensation, and minimum and prevailing wage
requirements.
All Parties shall not discriminate based on race, religion, color, sex, age, national origin,
marital status, political affiliation or handicap condition. All Parties shall adhere to all
applicable laws, regulations, and policies relating to equal employment opportunity,
nondiscrimination in services and affirmative action.
7. Amendment. Any modification of the provisions of this contract shall be in writing and
signed by the parties.
IN WITNESS THEREOF, the Parties hereby execute this contract:
Regional Financial Advisors, Inc.
Signature:
Printed Name:
Title:
Date:
Taxpayer Identification Number 93-1018049 (NOTE: RFA is a corporation and therefore a 1099 form is not
required.)
City of Woodburn, Oregon
Signature:
Printed Name:
Title:
Date:
Page 2
69
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City of Woodburn, Oregon
ATTACHMENT A
SCOPE OF SERVICES
As requested by the City, RFA will provide financial advisory services, which may include, but are not limited
to, the following services:
General Financial Assistance: answer questions and provide advice as requested by City staff
covering capital financing, bond sales, markets, and other relevant financial activities.
Financial Planning: make recommendations on the methods of selling or placing bonds,
certificates of participation and/or notes, prepare cashflows or tax rate estimates, sale schedules,
term sheets and debt service schedules, make recommendations on debt structure, attend
meetings and make presentations regarding the debt issue, Inform the City regarding current
developments, assist with SEC Rule 15c2-12 compliance.
Selection of Underwriter in a Negotiated Sale: preparation of a Request for Proposal ("RFP")
for underwriter services and assistance in evaluating responses and making selection.
Official Statement: includes preparing and distributing the preliminary and final official statement
for the bond sale (expenses of printing and postage are direct expenses). RFA will advise
regarding placement of the POS and/or OS on the Internet. In the case of a Negotiated Sale, if the
POS/OS is prepared by the Underwriter, RFA's services will be limited to reviewing the document.
Coordination with Bond Counsel, City Staff (and Underwriter, if Negotiated Sale): includes
coordinating and providing assistance as requested, attending team meetings and phone
conferences; coordinating sale, reviewing the bond documents.
Rating and Insurance Preparation: assist the City with all tasks necessary to obtain a rating and
insurance, if necessary.
Marketing and Sale: for a market sale, communicate with underwriters, Surebid, CUSIP and
Parity, arrange for the sale both by fax and on the internet, assist bond counsel at the sale as
needed.
Closing: includes providing closing memo, coordinating with the bond counsel and the
underwriter.
other services requested by the City.
Page 3
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11
1
ATTACHMENT B
COMPENSATION
The following states Regional Financial Advisors, Inc.'s ("RFA") charges for ongoing consulting work. RFA will
bill at the close of each bond Issuance. Services provided to assist the City to prepare for a bond
measure will only be billed if the bond measure is successful and the bonds are issued. Fees and
expenses for general financial advisory services not related to a bond issuance will be billed monthly. Invoices
are payable within 30 days.
HOURLY RATES
RFA's hourly rates are listed below.
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Pr~lIional Sarvto",s Provider ... .
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President, Senior Vice President
Vice President
Analyst
Technical Support
Official Statement Preparation
$185
$175
$155
$115
$60
These hourly rates will hold constant throughout the term of the contract.
Not To Exceed Limit
Prior to each bond issuance, RFA can provide a maximum not-to-exceed amount upon request from the City.
Direct Or Incidental EXDenses
Direct expenses are not included in the professional fee and are charged on an actual pass-through basis.
The following are examples of possible direct expenses that may be incurred on behalf of the City.
Federal Express; other courier expenses
Cost of obtaining Municipal Market Data scales
Long distance phone calls (to rating agencies, insurance companies and underwriter if out of town)
Conference calls (through a conferencing center)
Postage and mailing (cost of postage)
Direct cost of electronically posting the Preliminary Official Statement and/or Notice of Sale.
Direct cost of printing the Official Statement
Direct cost of mailing the Official Statement and other materials to bidders, rating agencies, insurance
companies, etc.
Major non-standard supplies.
Page 4
71
City of Woodburn, Oregon
Auxiliary Services Not Covered By Fees Above
There may be other expenses incurred by the City. RFA will not be responsible for any of these costs.
Excluded expenses generally involve a contract between the City and another consultant or vendor,
independent of RFA.
Rating fees Charged according to the rate schedules of the agencies.
Bond counsel fees The City would have a separate contract with the bond counsel firm.
Paying Agent fees The commercial bank trust department provides a fee schedule for its services and
contracts directly with the City.
Page 5
WOODBUR
11E
September 13, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
John C. Brown, City Administrator<~--'~'
Purchase and Sale Agreement - First and Oak Street Properties
RECOMMENDATION:
It is recommended the City Council authorize the City Administrator to execute
a purchase and sale agreement, and all other related documents needed to
purchase lots at 175 S. First Street and 200 Oak Street.
BACKGROUND:
The City Council authorized me to negotiate the purchase of two City lots
located on, and immediately west of, the corner of First and Oak Streets. A
residence stands at 175 S. First Street; 200 Oak is vacant. The legal description of
these properties is "Lots 1 and 2, Block 2, PARK ADDITION to Woodburn, Marion
County, Oregon;" they are identified, respectively, on Assessor's records as map
numbers 051W18BA1200 and 051W18BA12100.
The parcels are owned by the McNulty Estate, are renter-occupied, and were
offered to the City prior to their being placed for sale on the market. Staff
recommended the purchase of these parcels to the Council to accommodate
the long-term growth needs of City Hall. The City already Owns a lot on the
southwest corner of First and Cleveland Streets. With that lot the subject parcels
would place the City in ownership of two of three parcels facing First Street,
between Cleveland and Oak, two of the parcels on Oak Street between First
and Second Street, and in ownership of approximately 40 percent of the block
bounded by Cleveland, Oak, First, and Second Streets. Ownership of an
increasing number of parcels in this block will facilitate the future completion of
a "campus" of municipal buildings running from the Public Library to the Aquatic
Center and Settlemier Park. Appraisals of the parcels were completed, one by
the owner, one by the City. The appraisals valued the property at $161,000 and
$150,000 respectively. A home inspection was conducted to identify items
needing repair prior to sale.
Agenda Item Review: City AdministrdT~c3[-'~t~ City Attorney N'/t--~ Finance __
73
Honorable Mayor and City Council
September 13, 2004
Page 2
DISCUSSION:
Tentative agreement has been reached on a purchase price of $155,000. This is
within the range discussed with your Council and compensates the owner for
repair work required as a condition of sale. Repairs are necessary, as the
structure will stand until the property is converted to City use. In the meanwhile,
it is recommended that the property remain rental housing. Accordingly, repair
work was required to insure the continued habitability of the structure.
Necessary repairs were relatively minor, and included replacement of flooring,
sub-flooring, and linoleum, reconnection of downspouts, replacement of smoke
detectors, installation of a stain/ray guardrail, screening ventilation ducts, and
installing a crawlspace hatch cover.
The attached Purchase and Sale Agreement is a substantially completed draft
of the agreement that will be executed, with your authorization, with the
McNulty estate. They actual agreement may differ slightly in form due to details
that were being addressed as this report was written. The agreement specifies
the terms and conditions of the purchase, which, with your approval, will be
concluded shortly. The agreement provides for a cash purchase of $155,000. In
addition, based on custom and practice in Marion County, the agreement
provides:
· The City will pay recording fees
· The seller and the City will split escrow fees equally
· The seller will pay any delinquent real property taxes, and taxes for the
current year will be prorated between the seller and the City.
The City will also pay the cost of title insurance.
The sale is contingent on completion of the required repairs in a manner that is
acceptable to the City. The City Building Official has assisted with developing
the list of repair conditions, and is responsible for inspecting the completed work.
The purchase of the property in question will help prepare the City to meet its
future space needs, at current real estate prices. For these reasons, your
approval of the recommended action is respectfully requested.
Honorable Mayor and City Council
September 13, 2004
Page 3
FINANCIAL IMPACT:
Funds to support this purchase will be provided from Community Development
Block Grant re-use monies. Sufficient monies are available in that fund to
support this expenditure, but will require a budget transfer in the near future, to
allocate funds from unallocated balances. At the current rental of $600 per
month, the property will generate $7,200 a year in revenue. Amounts gained
from propedy rental will be deposited into the Community Development Block
grant fund, to offset the cost of future maintenance, and to help reimburse the
fund for the cost of this purchase. Although there are no immediate plans to
adjust the rent, it will be adjusted periodically to reflect the fair-market value for
rental of similar properties.
'/5
PURCHASE AND SALE AGREEMENT
BETVVEEN: DANNY M. CLARK, PERSONAL SELLER
REPRESENTATIVE FOR THE ESTATE OF
LORENA M. MCNULTY, DECEASED
P.O. BOX 659
WOODBURN, OR 97071
AND: CITY OF WOODBURN PURCHASER
270 MONTGOMERY STREET
WOODBURN, OR 97071
RECITALS
A. Seller is the owner of real property located within the City of Woodburn,
Marion County, Oregon, more particularly described as "Lots 1 and 2, Block 2, PARK
ADDITION to Woodburn, Marion County, Oregon" (the "Property").
B. Purchaser is a municipal corporation that desires to purchase the property
for the benefit of the public.
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. Seller agrees to sell the
Property to Purchaser, and Purchaser agrees to purchase the Property from Seller, on
the terms and conditions set forth in this Agreement.
2. TOTAL PURCHASE PRICE. The total purchase price for the Property is
$155,000 (the "Purchase Price"). Purchaser shall pay Seller, and Seller shall accept as
payment-in-full a total of $155,000 for the Property.
3. REQUIRED REPAIRS. Prior to Closing, Seller agrees to complete all
repairs necessary to address items 3, 4, 6, 7, and 28 of the Inspection Summary
prepared by Hawkeye Home Inspections dated August 6, 2004 which is attached hereto
and incorporated herein as Exhibit "1" to this Agreement. Seller shall also complete all
repairs necessary to address item 22 related to installing a stairway guardrail in the
garage; item 25 related to bathroom floor and subfloor; and item 26 related to
installation of a crawl space hatch, screening of foundation vents, and removal of cat
carcasses. Seller shall also require the existing tenant to install new vinyl floor covering
in the bathroom. All repairs shall be completed in a competent and professional
manner.
4. REQUIRED REPAIRS ARE CONDITION PRECEDENT. It shall be a
condition precedent to Closing that Seller has completed all of the required repairs in a
manner acceptable to Purchaser at Purchaser's sole discretion.
Page 1 - Purchase and Sale Agreement (McNulty Estate)
76
5. PRELIMINARY TITLE REPORT. Seller 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 Seller, 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 Seller's title. If Purchaser notifies SeLler in
writing of disapproval of any unacceptable exceptions in the Title Report, such
notifications shall terminate this Agreement.
6. CLOSING.
6.1 Manner and Place of Closin.q. This transaction will be closed in
escrow at the Fidelity National Title Company, Woodbum office. Closing shall take
place in the manner and in accordance with the provisions set forth in this Agreement.
6.2 Taxes. Any delinquent real property taxes shall be paid by Seller.
Real property taxes for current tax year shall be pro-rated between Seller and
Purchaser.
6.3 Title Insurance Costs. Purchaser shall pay for the cost of title
insurance required by this Agreement.
6.4
and Purchaser.
Escrow Fees. Escrow fees shall be split equally between Seller
6.5 Recordin.q Fees. Purchaser shall pay for all recording fees.
6.6 Payment of the Purchase Price. At the time of Closing, Purchaser
shall pay to Seller the entire amount of the Purchase Price.
6.7 Events of Closing. 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 6.8;
(b) Seller shall execute a Personal Representative's Deed (the
"Deed"), to Purchaser;
(c) The Title Company shall record the Deed in compliance with
Oregon statutes.
6.8 Title Insurance. As soon as reasonably practical after Closing, 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
Page 2 - Purchase and Sale Agreement (McNulty Estate)
77¸
interest in the Property subject only to the standard printed exceptions and exceptions
for the matters accepted by Purchaser pursuant to Section 5.
6.9 Possession. Seller shall deliver possession of the Property to
Purchaser immediately after Closing has occurred.
7. SELLER'S WARRANTIES.
7.1 Seller warrants that it owns good and marketable title to the
Property subject only to the standard printed exceptions and exceptions for the matters
accepted by Purchaser pursuant to Section 5.
7.2 Seller warrants that the Property has been used in compliance with
all applicable laws and regulations, and that Seller has not received and is not aware of
any notification from any governmental agency having jurisdiction requiring any work to
be done on the Property in order for it to conform to governmental regulations or the
applicable building code.
8. GENERAL PROVISIONS.
8.1 Assiqnment. Purchaser may not assign this Agreement without the
prior written consent of Seller, which consent Seller may withhold in its sole and
absolute discretion.
8.2 Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties, and their respective heirs, personal representatives,
successors, and assigns, but nothing contained in this Section shall alter the restriction
against assignment without Seller's prior written consent.
8.3 Notices. Notices under this Agreement shall be in writing and shall
be effective when actually delivered or telecopied. If mailed, a notice shall be deemed
effective on the second day after deposited as registered or certified mail, postage
prepaid, directed to the parties as follows:
To Seller:
Danny M. Clark, Personal Representative for
the Estate of Lorena M. McNulty, deceased
P.O. Box 659
Woodburn, OR 97071
To Purchaser;
City of Woodburn
cio John C. Brown
City Administrator
270 Montgomery Street
Woodburn, OR 97071
or to such other address as either party may from time to time designate by notice to the
other given in accordance with this Section.
Page 3 - Purchase and Sale Agreement (McNulty Estate)
'/8
8.4 Waiver. Failure of either party at any time to require performance
of any provision of this Agreement shall not limit the party's right to enforce the
provision. Waiver of any breach of any provision shall not be a waiver of any
succeeding breach of the provision or a waiver of the provision itself or any other
provision.
8.5 Attorney Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party shall be entitled to recover
from the other party such sum as the court may adjudge reasonable as attorney fees at
trial, on any appeal, and on any petition for review, in addition to all other sums provided
by law.
8.6 Prior A.qreements. This Agreement supersedes and replaces all
written and oral agreements previously made or existing between the parties.
8.7 Applicable Law. This Agreement shall be construed, applied, and
enforced in accordance with the laws of the state of Oregon.
8.8 Brokers. Purchaser and Seller acknowledge and agree that they
have employed no real estate brokers or finders in connection with the sale and
purchase of the Property.
8.9 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.
8.10 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.
8.11 Descriptive Headinqs. The descriptive headings of the Sections of
this Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the provisions hereof.
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
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES,
Page 4 - Purchase and Sale Agreement (McNulty Estate)
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.
SELLER:
PURCHASER:
Danny M. Clark, Personal
Representative for the Estate of
Lorena M. McNulty, deceased
Dated:
City of Woodburn
by John C. Brown, City Administrator
Dated:
STATE OF OREGON
County of Marion
This instrument was acknowledged before me on ,2004,
by Danny M. Clark as Personal Representative for the Estate of Lorena M. McNulty,
deceased.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
STATE OF OREGON
County of Marion
This instrument was acknowledged before me on
by John C. Brown as City Administrator of the City of Woodburn
,2004,
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 5 - Purchase and Sale Agreement (McNulty Estate)
8O
Date:
Address:
Hawkeye Home Inspections Page 1
OCH1#265 CCB#96763 PH# 503-341-3522 FAX 503-792-4505
8/6~04 Inspector: Chris Bernhardt
171 S 1st Client: City of Woodburn
Woodburn, OR 97071
P. XHI~I[
Inspection Summary
The intent beyond noting any observed major defects is to be generally informative concerning the physical and mechanical
conditions of the home. If an deficiency uncovered in this report is a concern for you, we recommend that the issue be
further investigated and evaluated prior to dosing. Any deficiencies observed involving personal safety may be indicated as
minor in terms of cost to repair, but could non~heless result in serious injunJ.
Warning this inspection was made under contract. Any wan'unties expressed or implied are nut transferable to any third
~a~ties.
1) Foundation: The foundation supporting house appears to be a continuous concrete footer around the
pedmetsr with block stemwalls that did not appear to be grouted and no foundation anchorage appears
to be present. Foundation stem wail is parged over and some minor settlement cracking was observed.
Isolated footers were of brick, wood block and concrete but the majority of supported posts were in close
proximity or touching the ground. Many structural problems were observed but none of them appeared to
be the result of foundation problems and we consider the over all foundation system to be satisfactory
for age and style of construc'don however improvements to some of the isolated footers is suggested to
both increase earth fo wood separation and bring the footers up to modem standards.
2) Floors: The wall between the laundry and the bathroom appears to be a bearing wall and although it is
perpendicular to the floor joists the floor joists are not continuous under the wall and there is no
foundational support under the wall and the floor has sagged.
3) Floors: The floor in the laundry room in the area of the 80 gallon hot water heater has sagged.
4) Floors: The hump in the bathroom floor which extends out into the hallway is caused by a joist end over
the beam that has jacked the subfloor board up in that area.
5) Floors: There ara areas of missing subfloodng under the bathroom.
6) Floors: Some parts of the joist system particularly under the living room and rear bedroom are
supported using 4"x4" beams. At the front of the house the post supporting one of these 4"x4" beams
has failed and the beam has sagged.
7) Po~t~/Column~: The majority of the posts are in close proximity to the ground or are touching the
ground and several have ret damage. We suggest improving the footers under posts that don't have at
least 8" clearance with the ground and replacing rot damaged posts.
8) Roof structure: The back half of the roof in particular that part over the 2n~ bedroom is sagging. The
rafters in this location are 2"x4"s on 24" canters and appear to be less than f~2 grade. The rafters span
from the extedor well to a totally insufficient purlin which is constructed on the 2"x4" ceiling joists which
are on 36" centers and less the fl2 grade lumber and is not over a bearing wall. A 4"x10" strongback
constructed of 2 2"xl0"s was installed and tied in to the ceiling joists over this bedroom but has sagged
significantly. In addition one of the ceiling joists is broken. The roof and ceiling structure over right side
bedroom is very deficient. And should be further evaluated and repaired.
9) Roof structure: The roof structure over the laundry, bath and kitchen is 2"x8" rafters on 24" centers
supported by a 2"x4" kneewall on the walls between the laundry and the bathroom and again on the well
between the bathroom and the kitchen. There is also an improperly constructed purlin that supports the
span near the ridge. The ends of these rafters are not bearing or positively connected to the ridge board.
The board is poody constructed and in our opinion is serving no real purpose. 2"x4" vertical supports
are separated from the ridge board and there is no positive connection. Note even if the 2"x8" rafters
were bearing on the ridge board there are no opposing rafters. No significant sag was noted with these
rafters but the construction is substandard and should be evaluated further and repaired.
10) Roof etructurs: Near to the chimney for the wood stove is a broken rafter and to the left of the chimney
are in complete rafters
Note the search for latent, intermittent, and concealed defects are beyond the scope of this inspection. Decisions concerning what should
be redeired am agreed fo mst on the parties and their agents and not on the inspector. Any mcornmendst/ons are not to be interpreted as
implying that an item should be repaired over items not having mcommendetions. The inspection summary is not pdorftized.
81
Hawkeye Home Inspections EXHIBIT~
OCH1#265 CCB#96763 PH# 503-341-3522 FAX 503-792-4505
Date: 8/6/04 Inspector: Chris Bernhardt
Address: 171 S 1st Client: City of Woodburn
Woodburn, OR 97071
11) Roof etructure: There appears to be a sag in the front pomh roof structure. Note this area is not
accessible to inspection.
12) Roof structure: The roof structure on the garage sags. Structure is 2"x4" rafters on 24" centers
spanning 9'. At the time of the inspection the attic was not accessible as access could not be fully
opened due to presence of shelving.
13) Ceiling structure: The ceiling structure for the kitchen has been dropped from the original height and is
2"x4" joists framed into a 2"x12' in the middle of the kitchen. Structure appears to be sagging. Ceiling
structure over bathroom and laundry is 2"x6" on 24" centers.
14) Wall structure: The original wall structure between the bathroom and kitchen is severely burned and
should have been replaced in our opinion. This appears to be a bearing wall.
15) S'tructure eummary: As can be learned from the above, parts of the structure are significantly deficient.
Our purpose is to be generally informative about the performance of the structure and as can be seen
the structure has some performance issues. If a determination or certification as to the soundness of the
structure is needed, the next stap would be to have the home further evaluated be a structural engineer
for an expert opinion.
16) Roof: There appears to 3 layers of shingles on the roof. Judging by the date on the flashings the present
layer was installed after 1994. Moss is present and its removal is recommended. The slope over the
front porch is about 2:12 and shingle tabs were lifted in this area making the shingles vulnerable to
leaking. We sampled the nailing of a few shingles and they appeared satisfactory. Note the shingle tab
alignment is very uneven on the back half of the roof.
17) Gutters: The gutters ars in need of cleaning and simple repairs. Several downspouts in particular were
separated. There appears to be a storm drain system but this was not evaluated.
18) Exterior: Some unsound siding beards were observed. For example these beards were defective in
terms of preexisting rot conditions, pithiness etc. Repair of replace as needed to prevent moisture
intrusion as needed.
19) Exterior: Siding was rot damaged at downspout to the left of the front porch and on the right side of the
house at the front downspout. The lower comers of the windows had decay on most of the windows on
the southern exposure.
20) Exterior: Peeling paint present in particularly up on the eaves and faSCias. Due to the age of the house
there is the possibility of lead based paint present. If you have a concern about lead based paint or any
other hazardous material we recommended you consult with companies who specialize in such
inspections.
21) Garage: The bottom ends of the framing and siding on the garage vehicle door frames are rot and
insect damaged. Note structure sags along front of the garage over the garage vehicle doors.
Constructed on the left side of the garage is a wood bin. Firewood should not be stored near structures
vulnerable to infestation of wood destroying insects.
22) Garage: The garage attic has been used for sleeping purposes whose access is through the garage
which is presently not legal. Also there is no guard rail on the stairs or installed lighting.
23) Ventilation: Ventilation means of the attic spaces is provided only with gable venting. No save venting
or roof vents ware present. Venting appeared to be satisfactory in that we did not observe a history of
abnormal condensation as a result. However the bathroom ceiling exhaust fan is venting up into the attic
and wa recommend that it be vented to the exterior.
24) Insulation: There is no insulation over the laundry, bathroom and kitchen areas and only a minimal
amount of about 2" of fiberglass loose fill in other areas. No under floor insulation is present and we
doubt there is any in the walle.
25) Bathroom: As reported there is a soft spot in the floor adjacent to the fixture end of the bathtub and a
pronounced hump in the floor due a joist end jacking up the subflooring over a beam in the crawlspace.
We also noted the absence of subfloodng in places. The tub stopper is inoperative and there is no sink
stopper and window is painted shut.
Note the search for latent, intermittent, and concealed defects are beyond the scope of this inspection. Decisions concerning whet should
be repaired are agreed to rest on the part, es and their agents and not on the inspector. Any recommendations are not fo be intetpmtsd as
implying that an item should be repaired over lJerns not having recommendations. The inspection summaq/ is not prioritized.
82
............... T T I
Hawkeye Home Inspections EXHIBIT
OCH1#265 CCB#96763 PH# 503-341-3522 FAX 503-792-450~age T> of
Date: 8/6/04 Inspector: Chris Bernhardt
Address: 171 S 1st Client: City of Woodburn
Woodburn, OR 97071
26) Crawlspacs: There is no ground cover in the crawlspace, Recommend installing a black 6 mil thick
vapor barrier over all areas of bare ground in the crawlspace. Note there are two deed cats next to the
right side foundation wall between the bathroom and kitchen. There is no crawlspace access hatch
covering the crewlspace access and no screen on the foundation vents. Receomrnend removal of all
wood and cellulose debris on the ground of the crawlspace.
27) Electrical: Home appears to have been rewired at some point. Outlets were grounding type and no
ungrounded outlets were observed, GFI present in bathroom and on front porch. GFI outlet on front
porch was absent the cover. On the front porch was an improperly installed NM cable.
28) Smoke Detectors: New smoke detectors are needed.
29) Window~: Bathroom and kitchen windows in particular were inoperative and painted shut. Glazing putty
is deteriorated on some windows.
End of Item~
Note the search for latent, intermittent, end concealed detects am beyond the scope of this inspection. Decisions concerning what should
be repaired are egreed to rest on the parties and their agents and cot on the inspector. Any recommendations are cot to be interpreted as
implying that en item should be repaired over items not having recommendations. The inspection summery is not prioritized.
83
14A
September 13, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development ~
Planning Commission's Approval of Design Review 04-04, Variance
04-16 and Variance 04-17
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 26, 2004, the Planning Commission adopted a final order approving
Design Review 04-04 for a bank/two-lane drive through facility on the eastern
side of the existing shopping center building, the reconfiguration of parking stalls
located on the east side of the subject site, and striping new parking spaces
and loading stalls on the existing asphalted area on the rear of the site. The
Planning Commission also approved Variance 04-16 to allow for the reduction of
the required front yard landscaping requirement of one plant unit per 20 square
feet in Section 3.106.03.A.2.a of the WDO and Variance 04-17 to allow for 62
parking spaces to remain in the 65 foot special setback.
The subject site is located on the northwest corner of the intersection of Mt.
Hood Avenue and Highway 99E. It is identified specifically on Marion County
Assessor Map as 1'5S, R 1 W, Section 08A, Tax Lots# 3900 and 4000.
The subject property is zoned Commercial General (CG) and designated
Commercial on the Woadburn Comprehensive Plan Map. An existing integrated
business center, including buildings, landscaping, and parking, is located on the
subject site. Current site uses include existing retail and restaurant services. The
adjacent properties to the east, west and south (across Mt. Hood Avenue) are
also zoned CG and designated Commercial on the Woodburn Comprehensive
Plan Map. The commercial properties to the east are from south to north,
vacant, in use as a steel building contractor's office/warehouse, and the
location of a motor sports dealership. The commercial propedies located to the
Agenda item Review: City Administrator.~/ City Attorney ~/~-,i.~ Finance __
84
Honorable Mayor and City Council
September 13, 2004
Page 2
south and west are currently in use as integrated business centers. The property
to the north is zoned Industrial Park (IP) and designated on the Woodburn
Comprehensive Plan Map as Industrial. A tractor dealer and industrial storage
are located on the property to the north. No wetlands are located on the
subject site and it is located outside of the 500-year floodplain.
DISCUSSION:
None.
FINANCIAL IN, PACT:
There is no financial impact associated with the recommended action.
85
14B
September 13, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development ~¢'~
Planning Commission's Approval of Planned Unit Development 04-03,
Phasing Plan 04-02, Variance 04-11 (Variances A, B and C}, Variance
04-12, Variance 04-13, Variance 04-14 and Variance 04-18
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 26, 2004, the Planning Commission adopted a final order approving
PUD 04-03 and Phasing Plan 04-02 for Planned Unit Development (PUD)
Preliminary Plan Approval and PUD Design Plan Final Approval for 76 single
family residential lots and 3 common area tracts to be developed in two phases.
The Planning Commission approved Variance 04-11 to reduce the required 55
foot minimum interior and flag lot width to 47 feet on lots #2-7, #10-29, #31-33,
#35-46, #51-62 and #65-68 (Variance A); to reduce the required 75 foot
minimum corner lot width on lot # 34 to 71 feet (Variance B); and to reduce the
40 foot minimum cul de sac lot width on lots #72 and #73 to 34.7 and 39.3 feet
(Variance C). The Planning Commission also approved Variance 04-12 to
increase the 35 percent Ici coverage requirement to 50 percent lot coverage
for all of the proposed single family residential lots and Variance 04-13 to reduce
the required 90 foot lot depth on lots #71 and #74 to 86.9 feet and 84.6 feet. In
addition, the Planning Commission approved Variance 04-14 to allow for a
reduction in the street improvement standards on the Olympic Street extension
from the north property line of the subject property to Boones Ferry Road and
Variance 04-18 to allow for the 1200 foot maximum block length on Tukwila Drive
to be increased.
The subject property (15.47 acres) is located at the eastern terminus of Tukwila
Drive, south of the Urban Growth Boundary. It can be identified specifically on
Marion County Assessor Map as T5S, 1 W, ,Section 7AA, Tax lot #7400.
Agenda Item Review: City Administrator ~-~ City Attorney /g/~ ~ Finance __
86
Honorable Mayor and City Council
September 13, 2004
Page 2
The subject property is zoned Single Family Residential (RS) and designated on
the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per
Acre. The properties to the west, east and south are zoned RS, designated on
the Woodburn Comprehensive Plan Map as Residential Less Than 12 Units Per
Acre, and are the location of single family dwellings and the OGA golf course.
The property to the north is located outside of the city limits and urban growth
boundary. The property to the north is zoned Marion County "Exclusive Farm
Use" and is the location of vacant land and the OGA golf course.
The subject site is located outside of the 500-year floodplain. The Local
Wetlands Invenfow Map shows a wetland located fo the west of the northern
portion of the subject site. The applicant submitted a letter from a wetland
scientist stating that the above mentioned wetland is a small pond in the golf
course fairway. A wetland land use notification form has been sent fo the
Division of State Lands (DSL) Wetland Program. The applicant will be required to
obtain the appropriate removal-fill permits from DSL for any work done in the
wetland area.
In February of 1991, the Woodburn Planning Commission gave conceptual
approval of the Tukwila Planned Unit Development (PUD). The plan called for
the construction of an 18 hole golf course and a housing mix of approximately
700 housing units to be built over a number of years dependent on the housing
market. Several pods of the Tukwila PUD have already been approved (Orchard
Greens, Miller Farm, Joy Village, Ironwood at Tukwila, Goose Hollow, and Phases
I, II, and III of the Links at Tukwila). The total number of approved lots in the
above listed pods is 393 lots. The applicant is proposing to develop two more
phases (fourth and fifth) of the Links of Tukwila (76 residential lots) within the
Tukwila PUD. The development of Phases IV and V of the Links at Tukwila will
increase the number of approved residential lots within the Tukwila PUD to 469
lots which is below the maximum of 700 residential lots and consistent with the
original Tukwila PUD approval.
The applicant is proposing to extend Tukwila Drive (the pdmary public access) to
serve the proposed 76 residential lots. The applicant and City staff have spent
a significant amount of time discussing the requirement for a second public
access road to serve Phase IV. The applicant is unable to provide a second
public access road to the west and east of the subject property because a golf
course is located on these properties. The applicant's only feasible option is to
provide a second access to the north of the subject property. The property to
Honorable Mayor and City Council
September 13, 2004
Page 3
the north of the subject site is located outside of the City of Woodburn and the
Urban Growth Boundary (UGB) and is zoned "Exclusive Farm Use" (EFU).
The applicant and City staff have met with Marion County staff to discuss the
possibility of the applicant obtaining approval to construct a street (proposed
Olympic Street) outside of the City's UGB to City standards. County staff
indicated that a conditional use application would be required and a goal
exception from the statewide planning goals would likely be necessary. County
staff also indicated that it did not believe that such an application had a high
likelihood of being approved. On the other hand, County staff indicated that
an application for an emergency vehicle only access would likely be approved,
because the emergency access would not be available to the general public
and, therefore, would not be considered as an extension of urban use into rural
lands.
In response to County staff's comments, the applicant is requesting variance
approval to the street improvement standards (Section 3.101.02 of the
Woodburn Development Ordinance (WDO)) on the Olympic Street extension
from the north property line of the subject property to Boones Ferry Road. The
variance would allow for the deferment of the local residential street
improvement of Olympic Street north of the subject property if the applicant's
conditional use request to allow for the construction of a public street in EFU
zoned land is denied by Marion County. The applicant is proposing a 24-foot
emergency access easement with a 20-foot improved width extending north of
the subject site to Boones Ferry Road if the public street request is denied by
Marion County. The applicant is willing to enter into a development agreement
with the City that would require the access easement to ripen into a 60-foot
wide dedication to the City for public street purposes and be improved ta a
local street standard within one year of the time the emergency vehicle access
road is included within the Woodburn urban growth boundary.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
88
Woodburn Chamber of Commerce Monthly Office
Month Re~o,;&~= Visitor Ch,~i~,~r ~,'~=I~ O,-~;,;~ Total Inside Outside Total Current E-Mail Web Hits Total
Packets Information Business Ore,ion Ore~on Or~lon Ore~on Festival Co,..~._._.:_~
January 9 14 206 112 7 325 93 1 94 TF 3 542 8258 @242
February 17 20 184 115 12 311 121 36 157 TF20 595 10070 11170
March 57 17 184 201 20 405 252 82 334 TF 150, MF 2 520 13422 14755
April 12 15 171 196 14 381 301 146 447 TF 147, DF 5, Iris 5 702 14181 15738
May 9 7 208 185 11 404 207 69 276 Iris 21, DF 42 477 11444 12617
June 6 3 250 263 16 529 287 95 382 DF 135 521 12174 13615
July 7 13 126 139 9 274 192 149 341 4th 15, BH 14, MFs14 524 12008 13167
August 16 15 180 166 7 353 202 125 327 MF 19, OK 1 441 16873 18025
September 0 0 0
October 0 0 0
November 0 0 0
December 0 0 0
YTD 2004 133 104 1609 1377 96 2982 1656 703 ~'~;~ 593 4322 ~,~'~n 108329
Total 2003 114 64 2049 1965 113 4127 2307 929 3236 544 6272 11191 25004
Total 2002 143 88 3006 1941 166 5108 ~a~ 1007 3831 505 4216 5533 18919
Total 2001 NIA NIA 1573 1733 180 3486 1872 624 2696 367 NIA 2531 6182
Total 2000 N/A NIA 3048 2394 345 N/A NIA 5442
TF Tulip Festival
DF Drums of Fire
BF Berry Festival
MF Mexican Fiesta
OK Oktoberfest
Iris tis Garden
4TH ~th of JulyI
BH Basset Hounds
Top Web Pages:
March Tulip Festival, Wdbn Company Stores, Visitor info, Lodging
April Tulip Festival, Chamber Directory, Visitor info. Local Wdbn Events, Newsletter, Government Affairs
May Directory, Visitor info, Events, Drums of Fire. Shopping, Parks & Rec, phone numbers, Lodging
July Dired(ory, Visitor Info, Local Events, Shopping, Mailing list, phone numbers, Parks/Rec. 2004 Basset Games
Au~lust Directory, Visitor Info, Woodburn events, phone numbers I r I
SILVERTON HOSPITAL
Administrator's
Message
I t all starts with our
dedicated physicians,
healthcare providers, staff,
volunteers and our hospital Bill Winter
Auxiliary. Through their efforts our mission to improve
the health of our communities continually moves
forward. The task is very large. Fortunately, we have
many partners to help accomplish this goal.
Our hospital programs, affiliated clinics and
outreach services provide the core of medical offerings
in our community. However, more is required to attain
community health. That is because good health
encompasses more than meeting medical needs alone.
Improving community health takes a community
effort. Through partnerships with local organizations
and individuals, Silverton Hospital can better support
the broader scope of building healthier communities.
You may think of us primarily as a health service
organization, but our reach extends further by our
partnership with local educators who train our healthcare
providers. By doing this we ensure high-quality care is
a distinctive characteristic of our organization.
In the North Willamette Valley there are many
diverse populations with whom we team to ensure our
services are delivered with gender, age and cultural
sensitivity. We provide monetary support to local
community causes and lend our most valuable asset,
the skill and compassion of our hospital family, to
community activities and organizations.
Each year this Community Benefit Report is
published to provide you with a sampling of what our
many partnerships accomplish. It allows us to show
you the activities we are pursuing to reach our
long-term goal of improving community health.
Thank you for reading this report.
Partnering to Benefit
Future Generations
The demand for skilled healthcare professionals has
never been more pronounced. Unfortunately, that's the
good news.
As the Baby Boom Generation continues its
advance into its senior years, communities throughout
America will be competing even harder to attract the
best and the brightest physicians, nurses, technologists
and other healthcare professionals.
At Silverton Hospital we're getting a jump on that
process by working to encourage students to enter
health careers in the hope that they'll one day return to
their hometowns to practice their professions.
We are actively involved with our communities'
high schools and their health occupation programs,
which expose young students to a variety of healthcare
careers. Silverton Hospital
is also a training site
for nursing school
graduate interns
and serves as a
rotation site
for family
practice
physician
residents ~
from
Providence
Milwaukie
Hospital.
Our
support of
these important
educational
programs is more than
just an investment in these
students' futures, it's an investment in the future health
of all the communities we serve.
/~jcrpreter Cheryl T~ggy
Spanish-speaking
patients understand the
healthcare process.
"VoluJtleering kecJ)s me
actit,e and/lllerested
l(7& 1 t,oluuteer al the
bos/~ital at leasl one chO, ct
week lectd[ll~
children. The kids are real(y
s/)ecial, and I consider
g~ztndcbildren. 1 hope more
people will consMer
t,oluuleet'/t~g and g/t~e
back Io socie(y some
u,bat lb0, e~{/qyJ)'om /L
I'liCy u,il/ fie glad 1l~9, did. '
LARRY E~ROWN
SILVERTON
Helping Keep Children
Healthy and Learning
To ensure their futures are
bright and productive, our
communities'children must
be healthy, in school and able to
learn. Silverton Hospital is working
actively with local schools to achieve
this goal.
In 2oo3, a program was implemented
to improve immunization compliance
in the Gervais School District. Funded
by Ronald McDonald House charities,
this team effort, involving the school
district and Marion County Health
Department, was coordinated by
Silverton Hospital. The result: Gervais
School District's immunization
compliance rates improved from
the lowest level in the county to
among the highest.
Also in 2003, Silverton Hospital
helped St. Luke School of Woodburn
in the development and purchase of
health education curriculum and
materials for elementary students.
Silverton Hospital takes an active
role in higher education as well.
Many Silverton Hospital health
professionals serve on boards and
committees of community colleges,
college nursing programs and
universities. And by lending their
real-world expertise to the direction
and development of educational
programs, they help keep our
communities supplied with skilled
health professionals well into
the future.
Improving Access to CaTe
FaT all out Neighbors
The communities we serve are
becoming increasingly diverse. At
Silverton Hospital we are working in
many ways to increase our cultural
sensitivity so that all residents of our
communities have equal access to
2003
C ignificant hospital resources are directed to community-based projects
,band programs. This sharing of fiscal; capital and human resources
~ extends OUr effort to identify and address broader issues impacting
health and health services in our communities.
Continued high unemployment, state and federal benefit reductions and
a host of related factors have led to a notable increase in the amount of
uncompensated care hospitals nationwide are being asked to provide in
their communities.
This is an increasing challenge at Silverton Hospital. As a community,
not-for-profit hospital it is our obligation to care for all sick and injured
persons who enter our doors, regardless of their ability to pay. In 2003 we
provided $300,741 in uncompensated care through our charity core policy.
The cost of uncompensated care for beneficiaries of the Medicare and
Medicaid programs was $1,246, 127. This obligation represents a substantial
financial commitment each year.
the outstanding medical services
available locally.
Our efforts include encouraging
young Latino and Russian students to
pursue health careers, participating
in the governor's medical translation
task force, offering translation
services to our patients and providing
Spanish-language versions of
many important community
education programs.
In recent years we have also
committed resources to hiring a
full-time cultural liaison, Josie
Rodriguez de Yemane Berhane, RN,
whose goal is to help ensure the
special needs of the diverse group
of patients we serve are met.
Supporting Youth Fitness
And Physical Activity
The vigorous physical activity
and emotional development that
team sports brings encourage us
to support a number of youth
and school teams, Boys and
Girls Scouting troops and
community programs.
Service $
Commun ty Outreach
Clinic $82,605
C.ar~y C~ $300.74~ .~0~/ /
Volunteers Hours $325,726
12.80%
Medicare & Medicaid Programs $1.246,127
~.95%
"Front the almost standing
room only attendance,
1 can tell ti?at the bospital~
education outreach is
valuable to people i~l our
communiO: Uulike the
Internet or a lib~ztO',
personal. ~}'tb a medical
doctor standing r~bt
bore you with their
obvious knowledge, you
get to ask the spec(ftc
questions that are on
your mind."
SUE FOFANA-DURA
WOODBURN
A Partner in Public Safety
Silverton Hospital extends its reach
and expertise into the community by
partnering with local fire and police
departments and ambulance services
to develop job safety programs. In
addition, paramedics and rescue
students receive invaluable exposure
to real-world situations by job
shadowing our emergency
department specialists. By partnering
with these"first responders,"
Silverton Hospital is helping to
improve care in our neighbors'
times of greatest need.
TOTAL $2,545,721
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