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Agenda - 10/25/2004 WOODBURN CITY COUNCIL AGENDA OCTOBER 25, 2004 - 7:00 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL I 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. November 2, 2004 General Election: Woodburn City Hall is a designated Marion County ballot drop site during regular City Hall business hours; however, the City Hall lobby area will be open until 8:00 p.m. on Election Day. B. The Woodburn Memorial Aquatic Center is closed for annual maintenance from October 24 through October 31,2004, and will reopen November 1 st with the regular Monday schedule. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association "Habra il1terpretes ~ispol1ib[es para aqueUas personas que no bab[an Ing[eS/ previo acuer~o. Comunlquese a[ (503) 980-2485:. October 25, 2004 Council Agenda Page i . T. , 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 October 11, 2004, regular 1 and executive sessions Recommended Action: Approve the minutes. B. Council Work Session minutes of September 20, 2004 15 Recommended Action: Approve the minutes. C. Woodburn Recreation and Parks Board draft minutes of 22 October 12, 2004 Recommended Action: Accept the draft minutes. D. Woodburn Planning Commission minutes of September 9, 2004 24 Recommended Action: Accept the minutes. E. Woodburn Public Library Board minutes of October 13, 2004 26 Recommended Action: Accept the minutes. F. Woodburn Memorial Aquatic Center Revenue Comparison 30 Recommended Action: Accept the report. G. Claims for September 2004 Recommended Action: Accept the report. 31 H. Police Department Statistics - August & September 2004 Recommended Action: Accept the report. 37 9. TABLED BUSINESS None. October 25, 2004 Council Agenda Page ii ~ 'IF' 1t 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 meting of November 8, 2004. B. Hearing to Consider Contingency Transfers 45 Recommended Action: Conduct public hearing, receive public comment, and direct staff to prepare an ordinance to substantiate its decision. 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. 2538 - Ordinance adopting a supplemental 47 budget for fiscal year 2004-05 and declaring an emergency Recommended Action: Adopt the ordinance. B. Council Bill No. 2539 - Ordinance annexing into the City of 50 Woodburn certain property located south of Smith Drive; granting a zone change from Marion County UTF (Urban Transition Farm) zone to City of Woodburn P /SP (Public and Semi-public) zone; approving permit applications 04-02 and 04-03; and declaring an emergency Recommended Action: Adopt the ordinance. C. Council Bill No. 2540 - Resolution endorsing a feasibility 75 application to the Salvation Army to construct a Ray and Joan Kroc Corps Community Center in Woodburn Recommended Action: Adopt the resolution. D. Liquor License - New Outlet 78 Recommended Action: Recommend that the Oregon liquor Control Commission approve a liquor license application for Billy 0 Deli & Pub, formerly the Courtyard Cafe, Inc. E. letter to Marion County Commission 81 Recommended Action: Approve and authorize the Mayor to sign the attached letter to the Marion County Commission regarding the City's coordinated population projection. October 25, 2004 Council Agenda Page iii ~ Y' 1r 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. Community Development Director's Approval of Design Review 84 04.14 (689 N Front Street) 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1) (h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). C. To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1 He). 17. ADJOURNMENT October 25, 2004 Council Agenda Pageiv ,. ...' I .' SA COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 11, 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 (7:03 pm) Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Mulder, Police Chief Russell, Parks & Recreation Director Westrick, Finance Director Gillespie, Senior Planner Zwerdling, Asst. City Engineer Torgeson, Recorder Tennant 0052 ANNOUNCEMENTS. A) Friends of the Woodburn Public Library Book Sale will be held on October 15 and 16, 2004 from 10:00 am to 4:00 pm at the Library. B) "Paws for a Cause" will be held at the Woodburn Aquatic Center on October 23, 2004 from 10:00 am to 1 :00 pm. Dogs will be allowed in the pool with admission price being $5.00 and one-half of the proceeds will be donated to the Humane Society. C) Aquatic Center will be closed for annual maintenance from October 23,2004 through October 31, 2004. The pool will re-open on November 1, 2004 with the regular Monday schedule. D) Public Hearing: The City Council will hold a public hearing on October 25, 2004 on the Northwest Natural Gas Franchise (continued from September 27,2004). 0120 PROCLAMATION: CRIME PREVENTION MONTH. Mayor Figley proclaimed the month of October 2004 as Crime Prevention Month in the City and urged citizens, businesses, and local organizations to work together in promoting and participating in crime prevention programs within our community. 0230 CHAMBER OF COMMERCE REPORT. Alma Grivjalva, Chamber President, stated that the Chamber newsletter is being distributed and it includes a number of articles including the recent Chamber Auction and Police Facility bond issue. She also stated that the newsletter includes her message to Chamber members regarding the Chamber's vision for the future since the Chamber is in Page I - Council Meeting Minutes, October 11, 2004 1 .. ,."" COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING a transitional change and the Board is looking toward year 2005 and beyond. Her vision has been business and economic development, tourism, and the Chamber's own organizational development. She encouraged all Chamber members to participate in this process. The Chamber Forum will be held on October 20, 2004, 12:00 noon, Tukwila Medical Center, with guest speaker being Congressional Representative Darlene Hooley. 0343 COMMUNICATIONS: MARION SOIL & WATER CONSERVATION DISTRICT ANNUAL REPORT. Mayor Figley stated that the annual report is included in this agenda material and reminded the public that the Conservation District does work within the City limits and they have participated with the City on some enhancement programs within our City parks. 0380 COMMUNICATION: CITY OF SALEM INVITATION TO ATTEND THEIR CITY HALL DAY. Mayor Figley stated that the City of Salem has invited City officials to attend their first annual City Hall Day on October 14,2004, 12:00 noon, at Pringle Community Hall. This event is designed to give city officials, legislators, candidates, and interested members of the public an opportunity to meet and discuss issues of concern to cities. Advance reservation is required by contacting the City of Salem. 0404 Sid Friedman, representing 1000 Friends of Oregon, 189 Liberty St., Salem, requested that the Council obtain more input from the public before they submit testimony on November 10, 2004 at the Marion County public hearing regarding the coordinated population projection for W oodbum which will be used by the City in their Periodic Review documents. The City is proposing a population of approximately 35,000 in 2020 for planning purposes which comes from a consultant's study and memorandum. He stated that in the consultant's memorandum that recommended the 34,919 population figure, it made the assumption that the City Council will take actions that might lead the City to grow more rapidly than it would otherwise might and, in their opinion, that is a policy choice that is properly made by the Council and not by staff or a consultant. His organization feels that the City should take a conservative approach to its growth projection rather than a more aggressive stance. He requested that the City slow down the process with Marion County until after the Council obtains more public input on this issue. He also thanked Mayor Figley for her public opposition to statewide Ballot Measure 37 and urged Council passage of the Resolution that is listed on this meeting's agenda. Carla Michelson, 17244 Arbor Grove Rd NE, Woodburn, stated that she has been involved in opposing Ballot Measure 37 and has been involved in several public debates. Page 2 - Council Meeting Minutes, October 11, 2004 2 ~ '1'"' T COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING She stated that even if there is a belief that people deserve some compensation for what may happen to them, this is not the measure that will be the best fix since it essentially throws everything back to local governments and will cost an outrageous amount of time and money. Ifpassed, the courts will be the only recourse for property owners who feel that there neighbor has done something that will impact their property values. She felt that the legislators should be coming up with some other mechanism to resolve these types of land use matters. She urged Council support for the resolution being considered at this meeting. Lolita Carl, 17564 Shank Rd NE, Hubbard, also thanked the Mayor for taking a stand in opposition of Ballot Measure 37. She felt that it would create untold chaos and cost ifit is passed by the voters. She also expressed her opinion that the citizenry of the area surrounding Woodburn needs to be invited to a Council meeting to give public on a projected population estimate rather than relying on a consultant's opinion who was also paid by a development company that wants to have the zoning change on farmland they have an interest in. She reminded the Council that some of the City's main businesses supported by the agricultural industry are threatened by population expansion and the urbanization of farmland. She urged the Council to give a lot of consideration as to the population that the City is aggressively urbanizing farmland rather than respecting this already viable industry that is supporting this community. Kathleen Carl also urged the Council to slow down the process and give the public some time to comment this population figure before the staff ends up negotiating a coordinated population figure with Marion County. She also appreciated the Council's consideration of adopting the resolution to oppose Ballot Measure 37. Theodora Target, 13305 Carl Rd NE, Hubbard, also encouraged the Council to take their time with the population forecast and sees the 34,919 population as a very aggressive approach to growth. Even though she is not opposed to growth, she would like to make sure that the growth is in terms of quality oflife for all of the citizens within this community. She lives about a mile from the current urban growth boundary and has been a member of the community most of her life. She would like to have her views, along with those who live in and around the City, to have the opportunity to express their opinions about the position W oodbum takes towards growth over the next 16 years. 1194 Mayor Figley stated that there are some issues that are quite global that will have extension public discussion and public hearings at both the Planning Commission and City Council levels. Among those issues will be the Transportation Plan update and expansion of the urban growth boundary. These areas will include discussions on community priorities and values and there will be ample opportunity offered to City residents and any other individual who would like to express their views. In regards to population, the City has taken population figures into account when forecasting the size of the City for infrastructure projects, parks, and other issues that require the City to build in some excess capacity. The consultant figure is not a number that was a surprise to the Page 3 - Council Meeting Minutes, October 11, 2004 3 ~ " T' , COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Council and, in looking at the City's transportation needs and how they are met depend, on part, on high or low the City's population figure. In recent years, the City's population growth has been high in comparison to other areas within the County. She stated that City Attorney Shields had provided the Council with information on how much of this decision lies with the City versus County and, in this case, the decision lies with the County. The City will be attending the hearing and addressing the County with what the Council believes is the best information available. Members ofthe public are invited to attend the hearing before the County Commissioners to give their input on this issue. Councilor Bjelland stated that he sits on the Population Estimates Sub-committee for the Urban Growth Boundary Amendment Process that the State of Oregon is going through to look at the whole issue of the difficulties in expanding urban growth boundaries in Oregon. A critical issue identified is the difficulty in getting acceptable population estimates to define what an urban growth boundary should encompass as far as population. They have been looking at this issue since many counties do not do the coordinated population forecast and it has been a real problem for Woodburn in attempting to get a coordinated population forecast. In his work position, he has developed programs in estimating population projections and he has done his own analysis on the projection of Woodburn's population and feels that the population number should be significantly higher than the consultant's recommendation. One of the primary methodology has been the average increase in population over a number of years. At the Marion County level, the percentage increase reflects a 2.8% annual population increase for the City, however, the actual census information for Woodburn reflects a 4.1 % annual increase over the last 14 years. The population growth over the last 3 years has been about 4.4% annually. If one would assume these same percentage levels, then the population projection at 2020 would be closer to 44,000. He feels that the 35,000 population figure is an extremely conservative number and feels that the City would be remiss in planning for that population growth. If changes are made to the periodic review process, it is hoped that these issues and assumptions are reviewed every 5 years. The committee is in the process of drafting proposed modifications to the rule and the Oregon Administrative Rules that govern the Goal 14 rule. He stated that the City is not planning any future things to drive increased population but, if anything, will be far short of what the actual pressures have been within the City. 1788 Councilor Cox stated that he has been on the Planning Commission for 5 years and on the Council for 2 years and there has never been a time when population growth projections were not on the table and being discussed at all levels. While on the Planning Commission, these same issues were before them and the numbers were in the same range that the consultants have recommended. These numbers were talked about long before Consultant Winterowd was ever in the picture. He feels that it is the Council's job to responsibly respond to what growth will be and there are many intangibles that determine growth that the Council has no direct control over. The Council would be remiss if they did not allow for what they seem to think what is likely to happen and to Page 4 - Council Meeting Minutes, October 11, 2004 4 .. "1" T COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING prepare for that growth. There may not have been a public hearing on the specific issue of growth but it has been discussed at many public meetings at the Planning Commission and Council levels. Under the administrative rules, the figure is supposed to be set, in part, based on scientific evidence and, although he appreciated the importance and necessity of public input, just providing an unscientifically based number does not meet all of the requirements. Councilor McCallum stated that his experience with consultants would indicate that the population growth'figure is too low but feels that the City has followed the process and the Council should continue to pursue the recommended number. Councilor Nichols stated that he had previously served on the Council and the Council at that time had spent a substantial amount of time trying to catch up with the growth factor since no one planned for the future. The City is now in the position oflooking into the future but now the State and County are involved. He stated that the Council's job is to take care of the citizens of Woodburn in a manner that is appropriate and that is what the Council has been doing. Councilor Lonergan concurred with comments made by the Mayor and Councilors and reminded the audience that the November 10, 2004 meeting is a public hearing before the Marion County Commissioners. Mayor Figley reiterated that this is a County decision and the Council realizes that the transportation system plan, any urban growth boundary expansion, and any updates to the Comprehensive Plan involve a public process at which any member of the public is welcomed to attend and give input. 2390 Thomas Drewek, 683 N. Second St., stated that he has been a resident of Woodburn since 1988. His philosophy has been to help people but in the process he gets ripped off. He also objected to the City's selective pre-textual profiling in that many ofthe police officers simply look at a car based on its age or condition and finds some reason to stop that car and then try to look for something to cite or arrest the individuals for because an older car most often means a poor person. In many cases, the arrest records will reflect mostly Hispanics since they do not have the money nor the nice fancy cars. He also had a problem with the swimming pool in that the admission price has raised from $1.75 when it first opened to the current price of $2.50. He has also noticed that pool attendance is down, hours of operation are reduced, it is overstaffed, and half of the employees are not working when they should be. He also has a problem with the Police Department in that he had over $2,000 in jewelry missing from his home and he contacted the Police Department to report the loss. Several hours later he was contacted by the department and he told them who had stolen the jewelry and where it was located along with other information on persons living at that same location. The Police Department has failed to take any action to recover his property. Lastly, he had parked his car on his lawn since the street sweeper was going to sweep the street in front of his home during the early Monday morning hours. As a result, he received a citation for parking his car on his lawn Page 5 - Council Meeting Minutes, October 11, 2004 5 W'" I .' COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING with a fine amount of $750.00. He could not understand how he could get a citation for trying to do something reasonable for the City when is he is not bothering anyone else. He felt that the City was trying to steal money from the people that they can get it from the easiest rather than arresting burglars and drug dealers. Since his car was towed away, he had to pay another $150.00 to get his car released whereas the towing bill in Portland is $30.00. He did not understand why it was so much more expensive in Woodburn to get a person's car cleared. 3027 CONSENT AGENDA. A) approve Council minutes of September 27,2004; B) accept the Building Activity report for September 2004; C) accept the Planning Project Tracking Sheet dated September 23,2004; and D) accept the Library monthly report for September 2004. MCCALLUM/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 3076 PUBLIC HEARING: ANNEXATION 04-01. ZONE CHANGE 04-01. PROPERTY LINE ADJUSTMENT 04-02. AND PROPERTY LINE ADJUSTMENT 04-03 REGARDING ANNEXATION AND ZONE CHANGE ON CITY OF WOODBURN PROPERTY LOCATED AT 515 S. SETTLEMIERAVENUE. Mayor Figley declared the public hearing open at 7:50 p.m.. For the record, the Mayor stated that she lives 4 houses down from the property in question and is very familiar with the property and location. The Councilors also stated that they are familiar with the property but have no conflict of interest or potential conflicts of interest. Senior Planner Zwerdling stated that the property is owned by the City of Woodburn and they have applied for the annexation of 3.11 acres located at 515 S. Settlemier. They have also requested a zone change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS) and Public and Semi-Public Zoning (P/SP) District, and to adjust the property lines on 3 tax lots to adjust the boundary ofthe property. The annexation and zone change request has been made for the purpose of enlarging the existing City well-site property to accommodate the construction of a storm water regional detention facility on the rear west side of the property. On September 9,2004, the Planning Commission adopted their final order recommending Council approval of the application subject to conditions of approval as outlined in the final order. David Torgeson, Asst. City Engineer (applicant), expressed his appreciation to Mrs. Hazel Smith for her donation of the property for public use. If approved, a regional storm water detention facility will be designed and constructed to support future growth of the City in this area. No one in the audience spoke either for or against the proposed land use application. The Mayor declared the public hearing closed at 8:00 p.m.. Page 6 - Council Meeting Minutes, October 11, 2004 6 .. ,.." COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING NICHOLS/COX... approve Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04-02, and Property Line Adjustment 04-03, and instruct staff to prepare an ordinance to substantiate the Council's decision. On roll call vote, the motion passed unanimously. 3872 COUNCIL BILL NO. 2534 - RESOLUTION DENYING VARIANCE APPLICATION 04-10 FOR THE PROPERTY LOCATED AT 2875 NEWBERG HIGHWAY. Councilor Sifuentez introduced Council Bill 2534. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2534 duly passed. 3960 COUNCIL BILL NO. 2535 - RESOLUTION REGARDING STATE-WIDE BALLOT MEASURE 37. Mayor Figley stated that Councilor Cox has distributed copies of this proposed bill to the Council for their consideration. She stated that the Council understands that their main work is to conduct business of the City and, in general, do not take a political position on issues when conducting City business. However, an exception is being made on Ballot Measure 37 since they feel that it is a measure that many of them would believe has a significant negative impact on both the finances and quality of life in Woodburn and the surrounding area. She also stated that the Council was being scrupulous about what the law allows elected officials to do regarding political issues versus what is not allowed to be done by publicly salaried employees. Councilor Sifuentez introduced Council Bill 2535. Councilor Cox, author of the Resolution, read the bill in full as requested by Councilor Bjelland. Councilor McCallum stated that he would not normally take a position on a ballot measure, however, in this case, he would strongly support the Resolution to oppose Ballot Measure 37. He also thanked Councilor Cox for all of his work in bringing this Council Bill to the Council for consideration. Councilor Lonergan also thanked Councilor Cox and expressed his support for the passage of this bill. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2535 duly passed. 4516 COUNCIL BILL NO. 2536 - RESOLUTION AUTHORIZING TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-05. Council Bill 2536 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final Page 7 - Council Meeting Minutes, October 11, 2004 7 · T" COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING passage, the bill passed unanimously. Mayor Figley declared Council Bill 2536 duly passed. 4585 COUNCIL BILL NO. 2537 - RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN GRANGE NO. 79 FOR THE PURPOSE OF WIDENING SETTLEMIER AVENUE. Councilor Sifuentez introduced Council Bill 2537. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2537 duly passed. 4661 ACCEPTANCE OF BANCROFT BOND APPLICATION. Staff recommended acceptance of a Bancroft Bond application submitted by Sukhrob & Mavjuda Rabimov, 1454 Greenview Court, on October 5,2004 thereby giving them an opportunity to participate in the installment program for their share of the costs associated with the East Hardcastle Avenue local improvement district. BJELLAND/NICHOLS... under the authority of ORS 223.210 the Council accept the attached Bancroft Bond application which was filed after the initial 10-day filing period on the East Hardcastle LID. The motion passed unanimously. 4702 BID AWARD: MUNICIPAL WELL 14 RAW WATER TRANSMISSION LINE. Bids for the construction of the transmission line from Well 14 to the National Way treatment plant were received from the following contractors: Kerr Contractors, Inc., $142,798.70; Dunn Construction, Inc., $202,532.00; and Western Underground, Inc., $250,607.00. Staff recommended the acceptance of the bid submitted by Kerr Contractors, Inc.. BJELLAND/MCCALLUM... award bid for Municipal Well 14 raw water transmission line to the low responsible bidder, Kerr Contractors, Inc., for $142,798.70. The motion passed unanimously. 4768 APPOINTMENT OF ADMINISTRATOR PRO-TEM. Administrator Brown stated that he will be attending an ICMA Conference in San Diego, CA and, while he is out of town, he recommended the appointment of Public Works Director Tiwari as Administrator Pro-Tern. NICHOLS/LONERGAN... appoint the Public Works Director as Administrator Pro- Tern for the period of October 16,2004 through October 20,2004. The motion passed unanimously. 4736 LEAGUE OF OREGON CITIES CONFERENCE AND BUSINESS MEETING. Councilors Sifuentez and Nichols stated that they would be attending the annual conference. Administrator Brown also suggested to Councilor Lonergan that he may be interested in Page 8 - Council Meeting Minutes, October 11,2004 8 ,. ...' y' COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING attending either a portion of or the entire conference and budgeted funds are available to pay for his attendance at this conference. COX/MCCALLUM... appoint Councilor Sifuentez as the delegate and Councilor Nichols as the alternate. The motion passed unanimously. 5007 KROC INITIATIVE TASK FORCE. Parks & Recreation Director Westrick stated that a feasibility application was submitted to the Salvation Army requesting grant funding from the Kroc Initiative for a community center that would be owned and operated by the Salvation Army. He stated that the Community Center Task Force has been invited to make a presentation to the Kroc Initiative Task Force on October 28, 2004 to supplement the application materials previously submitted. Since the center is owned and operated by the Salvation Army, they would also need to be the owner of the property where it is located. The Task Force had been considering the construction of a facility on park property and, if that was the case, then the City would need to find a way to deed the property to the Salvation Army. He stated that Captain John Van Cleefhas been very helpful in providing detailed information to assist the Task Force in developing a proposal that may be forwarded to Salvation Army Headquarters for funding consideration. Captain Van Cleefattended a recent Task Force meeting and he stated that his organization is a strong supporter of a single campus whereas the Task Force has been considering a split campus. The Task Force is still in favor of the split campus and will further discuss this issue before the October 28th presentation date. He reviewed the process that will be followed over the next several months if the Task Force's application is accepted as a preferred application by the Cascade Division of the Salvation Army who will then submit it to the Western Territorial Headquarters for further consideration. Recipients of the funding awards will be announced in May 2006. 5585 Councilor Bjelland stated that he is familiar with the Joan Kroc Center located in San Diego, California, and, based on his understanding of her and the Salvation Army's interest and background, he suggested that the City's application should strongly emphasize the demographic makeup and economic condition of Woodburn. He had recently done some research on the average adjusted gross income of 80 cities in Oregon and Woodburn rated number 74 or 75 in addition to being the the largest community of those that were on the lower end of the scale. He feels that this information will be very beneficial to impart to the Salvation Army and the Joan Kroc organization since they are interested in funding community centers in areas which do not have the normal financial means in order to fund a community center. He felt that the more the City's application can reflect this issue then the better the chance the City will have in moving toward the next step of the process. He also felt that inclusion of an alternative that would provide for a single campus would also be beneficial in the event the Salvation Army was unwilling to accept a split campus proposal since this is opportunity needs to be pursued by the City. Page 9 - Council Meeting Minutes, October 11, 2004 9 1" 'W." I 'If COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Councilor Cox stated that the Salvation Army is a very good organization and he feels that the Task Force needs to strongly consider a single campus site especially if the Salvation Army has already indicated that a split campus could be a deal breaker. Mayor Figley stated that she attended the meeting with Captain Van Kleef and he had stated that the Salvation Army is not interested in duplicating facilities but interested in building facilities and in giving opportunities where none currently exist. Additionally, the Salvation Army prefers not to have a swimming pool as part of a center and the City's pool is great facility. She also felt that the City would be in a better financial position to continue operational costs for the swimming pool and maybe some complementary equipment such as workout or movement equipment and let the Kroc Center provide for the indoor gyms, ballrooms, indoor soccer, meeting rooms, etc.. Administrator Brown suggested that the Council consider the endorsement of a Resolution to support an application at the next meeting and, as the process continues, there will be other opportunities to execute contracts and make some decisions that would impact the City. Councilor McCallum expressed appreciation to the Task Force for moving forward with the application process, however, there may be some future financial obligations from the City and the City needs to be in a position to make the those decisions which will protect the City and community. Councilor Bjelland felt that the ownership and operation by the Salvation Army would remove a lot of potential financial concerns of the City as opposed to a City owned facility. Councilor McCallum agreed with Councilor Bjelland but stated that there seems to be restrictions that may close the doors on some community members or on some activities and the on development of our own recreation programs. He wants to make sure that the City is aware of the issues as this project moves along even though he does not want to do anything that would be a deal breaker unless there was really something big that would surface in this process. Mayor Figley stated that she was pleased with comments made by Captain Van Kleef relating to how they operated their facilities and programs offered. She also stated that she had gone on-line to look at programs held at the proto-type Kroc Center in San Diego and it looks very much like Portland Parks, the YMCA, or the W oodbum Recreation Reporter other than it is a much bigger facility and a lot more activities. She felt comfortable that any of our community members could go to this facility and participate in their activities. 6458 Director Westrick stated that if the City's application is selected for further review at the Western Territorial Headquarters, the City will still have a few months to decide if we want to pursue this application or to withdraw from the process. Councilor Nichols reminded the Council that this facility will involve not only Woodburn but a number of smaller communities around Woodburn such as Donald, Hubbard, Gervais, Aurora, Molalla and Mt. Angel. Page 10 - Council Meeting Minutes, October 11, 2004 10 .. T".' COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING Mayor Figley stated that a point they will be making with the Salvation Army is that W oodbum, other than the pool, is very facilities poor whether it be parks, schools, libraries, or community center and has a very large number of young families and lower income young families that would benefit from this type of facility. 0145 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that the Plaza project has involved the coordination of City staff, landscape architect, structural engineers, electrical engineers, and some geo- technical staff in order to make sure that the demolition of the existing parking lot and evaluation of the sub-structure takes places to insure that whatever is constructed on the new plaza will stand in a sturdy fashion. There is quite a bit of electrical work incorporated into this project to not only light the plaza but to have adequate amperage for amplified music and general electrical use by vendors during an event. Additionally, staff is working with PGE to move a transformer box so that the box will be less obstructive. The fountain will be a recirculating fountain which has caused it be looked upon as more of a swimming pool type rather than a fountain which has resulted in more in-depth review as to what the systems are that aide the recirculation and water purification. All of these issues have delayed the project from going out to bid as planned this summer. Another issue that has now surfaced is the escalating cost of concrete during this last construction season and, as a result, the City's consultant has found that the concrete bids have been coming in at 20%-30% higher than anticipated. Since the City does not have budgeted funds to meet this cost increase and with winter months approaching, staff will be delaying the project until the spring with the hope of a better construction bid for this project. Bids would be accepted in November or December with the hope that the project would commence in March or April with a target completion date of June 30, 2005. In the meantime, activities at this site will be scheduled through the end of the year such as downtown association events and the Christmas celebration. 0456 Councilor Nichols expressed his personal thanks to Mrs. Hazel Smith for all that she has done for the Woodburn community and for her generous donation of property for the City's new well site and storm water detention facility. 0485 City Attorney Shields briefly reviewed a procedural change that was on this agenda relating to the Council Bill on the variance application. In the past, the Council has adopted an ordinance on this type of application even though they are considered a limited land use action. However, a resolution is just as acceptable and he will continue to identify it as a resolution unless the Council prefers to have it changed back to an ordinance. He reiterated that not all land use actions will be classified as a resolution but for a limited land use action the ordinance is not necessary. Councilor Cox stated that he had noticed the change but now understands the reason for the change and does not disagree with the use of a resolution for a limited land use action. Page 11 - Council Meeting Minutes, October 11, 2004 11 .. ..' '" COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 0584 MAYOR AND COUNCIL REPORTS. Councilor Nichols informed the public that there are some telephone calls coming in from Florida announcing to people that they are eligible for grants of $10,000 or more if they would verify the fact that they have a bank account. If anyone has received this type of call and given out a bank account number, he urged them to notify their bank immediately so that they can be on alert for transactions that were not authorized. Councilor McCallum thanked the all of the volunteers who participated in the city-wide cleanup effort last Saturday and, in particular, Woodburn Kiwanis, French Prairie Kiwanis, Woodburn High School Key Club, and the Mayor. The volunteer group was smaller than usual but there were still a number of litter bags filled. The volunteers also commented on how the area is getting cleaner and the improvement is noticeable. He also stated that Walt Howell, Success School staff member, has been pleased with the cooperation that he has received from the City, in particular the Recreation, Parks, and Library, in placing high school students in intern positions and the work being done by staff with these students. Councilor McCallum requested that Chief Russell update the Council on a Community Conversation scheduled for October 19th. 0767 Chief Russell stated that there will be a Community Conversation meeting on October 19, 2004, 7:00 p.m., at Woodburn High School to talk about the methamphetamine issue in the greater Woodburn area. Local agencies involved in this program are Woodburn Together, the School District, Police Department, Marion County Sherriffs Office, Marion County Health Department, and Marion County Public Safety Coordinating Council and they are looking at the enforcement, prevention, and treatment (educational) aspects. The Police Department is working with Woodburn Together to try and present a general framework of discussion since they, like the Police Department, have goals that they would like to achieve to reduce drug usage within our community. Interested members of the public are urged to attend this meeting. Councilor McCallum questioned if staff had received any response back from ODOT on the Highway 99E median strips. Administrator Brown stated that staffhas not heard back from ODOT but will contact them to check on this issue. Councilor Cox also questioned the status of ODOT approving the temporary signal permit. Public Works Director Tiwari stated that based on the latest information, it will be at least two weeks away from getting the necessary permit. Councilor Bjelland stated that MW ACT had issued invitations to legislators, elected officials, and candidates to attend their meeting last Thursday and there were more than 60 people in attendance. He felt that the presentation on the transportation issues facing the three county region went very well and emphasized the need to find funding solutions to make necessary transportation improvements within this region. Page 12 - Council Meeting Minutes, October 11,2004 12 . COUNCIL MEETING MINUTES OCTOBER 11, 2004 TAPE READING 1166 Councilor Bjelland also questioned the violation amount on a parking on lawn citation which was brought up earlier by Mr. Drewek. City Attorney Shields stated that a $750.00 fine under the City Code would be a Class I Civil Infraction which is an absolute maximum fine and the Judge imposes fines on a case by case basis as to what transpires during the hearing. Mr. Drewek stated that the citation reads that the violation must be corrected and failure to correct the violation will result in a $750.00 fine. Councilor Cox stated that this was a warning citation. Councilor Sifuentez requested that Chief Russell talk to Mr. Drewek regarding the issues that he has brought up before the Council. Mayor Figley expressed her appreciation to the Cleanup volunteers including the two mothers and their children that worked with her on picking up the litter along Young St.. She also reminded the public that October 12,2004 is the last day to register to vote in the upcoming General Election and encouraged those who have not registered as of yet to do so and exercise their right to vote on candidates and measures. 1528 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive session under the ORS 192.660(1)(h),ORS 192.660(1)(f), and ORS 192.660(1)(e). NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:57 p.m. and reconvened the meeting at 9:37 p.m.. 1554 Mayor Figley stated that no decisions were made by the Council while in executive seSSIOn. 1580 ADJOURNMENT. MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:38 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, October 11, 2004 13 .. T' , Executive Session COUNCIL MEETING MINUTES October 11,2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 11, 2004. CONVENED. The Council met in executive session at 9:02 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 Present 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, Public Works Director Tiwari (9:12 pm until adjournment) The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 1 92.660( 1 )(h); 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f); and 3) To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(1)(e) ADJOURNMENT. The executive session adjourned at 9:35 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, October 11, 2004 14 .. ...' , 'It. 8B COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING Tape 1 - Side A m. DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 20,2004 CONVENED. Council President Sifuentez convened the work session at 6:35 p.m. for the purpose of meeting with the Planning Commission for a presentation on proposed changes to the d'raft Transportation System Plan. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present (approx 6:47 pm) Present Present Present Present (approx 6:50 pm) Present Present Planning Commission Members Present: Ellen Bandelow, Patti Griegorieff, Dick Knowles, Royce Young (6:40 pm), David Vancil (6:50 pm) Staff Present: City Administrator Brown, Community Development Director Mulder, Public Works Director Tiwari, Public Works Manager Rohman, City Recorder Tennant Consultants: Steve Perone, CH2M Hill; Julia Kuhn, Kittleson & Associates Also present: Terry Cole, aD aT ; Greg Winterowd, Winterbrook Planning 2.1 Director Mulder stated that the purpose of this work session was to provide the Council and Planning Commission with a revised draft Transportation System Plan (TSP) based on issues discussed at the previous work session. Included in the materials provided for this meeting is a memo from Steve Perone, CH2M Hill, which is an overview of the TSP update and responses to issues brought up at the June 7,2004 work session, and (2) a draft interchange overlay district which is a new element of the TSP. 4.0 Steve Perone reviewed the materials to be presented at this work session with a goal for this meeting being direction on appropriate plan revisions and working with City staff to develop a document that can be presented during a public hearing process. He stated that the TSP is one element of the periodic review process which the City is currently undertaking. The TSP establishes a 20-year plan to meet the overall needs of the City including transit, pedestrian systems, bicycle systems, and railway systems. The TSP is implemented through project development planning. The current plan was completed in 1996 and most of the recommendations are the same except for the 1-5/Hwy 214 Page 1 - Council Work Session Minutes, September 20, 2004 15 ,. <IF . 1r COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING interchange along with a refinement plan and environmental assessment is being done to support the urban growth boundary expansion proposal. As part of the draft TSP, a new Interchange Area Management Plan is being proposed to address long tenn capacity of the interchange with Highway 214. He reviewed the process followed in developing the draft plan which included the formation of a Technical Advisory Committee (City staff, consultants, ODOT staff, County staff, LCDC staff) to provide guidance on revisions to the plan. Public involvement began in January 2004 with another meeting held during the summer with residents of Senior Estates to obtain some additional input on the draft plan. He reviewed the similarities and differences between the current and draft plan. It was noted that the assumptions in the plan reflect what is currently being planned for 1-5 and Oregon Highway 214. Street standards would be reduced from 9 to 6 classifications for roadways and street right of way standards would be minimized. The functional classification system defined in the draft plan at the arterial level reflects only one difference which is designating Evergreen Road as a minor arterial rather than a collector street in the current plan. In regards to street standards and cross sections, the key recommendations in the plan call for adding left turns for safety, allowing for additional capacity in the system, and the need to provide for appropriate facilities for bicyclists and pedestrians. At the previous meeting, some discussion was held regarding Settlemier Avenue which is a tree-lined street in a residential area which carries a designation as a minor arterial. In the future, this would mean that it is anticipated that Settlemier Avenue would carry almost an equivalent amount of traffic as Highway 214 is currently carrying. With that level of traffic volume and by not upgrading the facility standards present limited opportunities for north/south traffic flow which is why the draft plan recommends that the facility over a 20-year period be improved to handle the level of traffic being designated for it. He reminded the members present that reassigning the designation of a street is not going to change the demand for use of that street and street improvements in other areas of the City will help to reduce the demand for use of a particular street. Commissioner Vancil expressed concern regarding the number of variances issued monthly to change the established standards which is going against the City's planning goals. At the last meeting, discussion was held regarding the need to have a traffic street alternative to Settlemier since they did not want to destroy one of the most picturesque streets in the City. He emphasized that this 20-year plan needs to provide motorists with a different way to get from Highway 214 to Front Street in the downtown area without ruining a neighborhood filled with historic homes if no alternative route is provided. Mayor Figley appreciated the comments made by Commissioner Vancil which also pertain to Young Street and Garfield Street and she would like to see (1) the final document to include an area that recognizes certain categories of streets that, at this time, has no public demand or active public opposition to widening the street and there is no capacity reason for widening the street; and (2) improvements to Front Street from Highway 214 south and the southeast quadrant improvements to the 1-5 interchange area Page 2 - Council Work Session Minutes, September 20, 2004 16 w." ." COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING which will take the pressure off of Settlemier Avenue. Mr. Perone stated that the plan does not propose any different designation for Settlemier A venue that is already in place, however, some policy language may be beneficial that would try to look at solutions at the project development stage. This would provide staff with guidelines as to what feasible type of treatments can be made to preserve the values around Settlemier Avenue that already exist. Side B Commissioner Bandelow expressed her concern that Settlemier Avenue is in danger of losing its historic value if something is not done at this time and a policy should address the historical areas specifically. Public Works Manager Rohman stated that motorists have limited travel choices going north and south until such time as other areas of the City experience growth and new streets are constructed to reduce the traffic volume on Settlemier Avenue. Discussion was held regarding the 20-year plan and the impact it will have on decisions made by the Planning Commission and Council since it does propose traffic improvement areas throughout the City. It was noted that the first priority in adopting an updated plan is to allow the rest of the interchange and Highway 214 planning to move forward with the County and State procedures to make improvements in this area. Councilor Cox expressed his concern that with the adoption of a 20-year plan the City will be legally committed to implement the plan over time and future development applications must be consistent with the adopted plan. He feels that it is a mistake to adopt elements of a plan that are not consistent with what you do not want to happen or cannot as a practical matter make happen. He felt that the plan should only include those things that can be done even if the money is not available at this time but can be done by the end of the 20-year planning period. He was not if favor of inserting policy language that would take away from the adopted plan. 11.3 Terry Cole, ODOT, stated that the plan would pursue a core preservation policy for Settlemier A venue which would eliminate any future improvements other than minor operational improvements that would not encroach upon historical properties or adversely affect the character of the area. He did not feel that this type of policy approach would be ambiguous to the plan and felt that this is the only area that would be at risk of being such an attractive route. Another thing that can be done to support this approach would be to have new neighborhood street connectivity policies in place so that new neighborhoods do not become dead end streets. Councilor Bjelland felt that preserving the characteristics of Settlemier but making sure that some minor improvements are allowed to increase capacity makes sense to him, however, the City needs to concentrate on making sure that a situation does not occur whereby there are only two north/south roadways other than Highway 99E within the City. Page 3 - Council Work Session Minutes, September 20, 2004 17 ~ .' .' COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING Commissioner Vancil expressed concern with the draft plan not addressing traffic route alternatives flowing north/south other the major roadways already in place or future streets such as the south by-pass, Crosby Road, and Evergreen Road to Parr Road. He did not feel that the draft plan would take the pressure off of Settlemier Avenue. Administrator Brown also questioned as to why the draft plan does not provide for another conceptual north/south roadway. He also suggested that in creating a conservation area, the downtown area, along with the corridors, be included since there will be some urban renewal done that will create circulation changes in the downtown area. Greg Winterowd stated that strong policy language regarding connectivity will generate less complaints from neighborhoods when a new development is proposed. He suggested that a neighborhood collector will take some of the pressure off of Settlemier Avenue. Discussion was held regarding connectivity issues and it was a consensus of the group that alternatives be evaluated to provide a link to Parr Road using Cascade Drive. Tape 2 Mr. Perone continued with his presentation on the draft plan. He stated that the City does have some funding mechanisms in place such as the gas tax and traffic impact fees that will generate some dollars towards improvements. The level of service standards for State facilities is the Oregon Highway Plan which guides the mobility standards measuring the performance of roadway segments and intersections. The current City standard "E" is lower than the State standard but that is not uncommon for cities due to costs for improvements. He stated that new streets constructed will provide increased traffic capacity and improve connectivity within the City. The State planning rule mandates that a balanced transportation system is required to try and reduce the reliance on motor vehicle. Therefore, pedestrian and bicycle improvements are needed to meet the state planning goal. Administrator Brown questioned if the Transportation Planning Rule gives specific standards that need to be addressed in the City's plan. Mr. Perone stated that there are thresholds as to when a bike lane needs to be installed based on traffic volume and the State provides a guideline rather than a specific rule. Discussion was held on the issue of bike lanes and more specific information on the how the State guidelines, if used by the City, would apply when streets are improved. 18.0 Greg Winterowd stated that the Interchange Management Area (IMA) Overlay District is not found in most places in Oregon but key issues that have come before the City is (1) how to preserve the capacity of the 1-5 interchange area since it is the only one that the City will have for many years, (2) direct acce.ss to 1-5 is a key economic advantage which needs to be protected, and (3) public investment dollars need to be used efficiently. Both the Oregon Transportation Commission and Land Conservation & Development Commission must approve all of the work being done by the City relating to economic Page 4 - Council Work Session Minutes, September 20,2004 18 ,. .... 1r COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING development and they will both look at how the City is managing the interchange capacity. The area being included in this district has a cross section of commercial, industrial, and high density residential that is being planned near the interchange. Commercial and industrial land is harder to predict as to how much traffic would be generated if it is developed which is why this type of district is being proposed. It was noted that this proposal will be reviewed in more depth with the Planning Commission and Council along with the general public and state agencies before a final district is submitted to the Council for adoption. As part of the design review process, Transportation Demand Management (TDM) measures will be evaluated in an effort to get the developer to think about how they can reduce actual traffic demand. This district would also give priority to targeted basic employment that is within the Economic Opportunity Analysis. Lastly, this district would discourage development with unexpectedly high peak hour traffic volumes and the developer would be required to look at TDM measures in order to reduce the traffic level during peak hours so that they can develop at that location. He reiterated that the burden is placed on the developer and traffic engineers to come up with ways of reducing traffic so that their development can be approved based on traffic generation. The IMA Overlay District will establish a district wide vehicle trip budget on vacant land that is based on how much traffic is assumed to occur over the next 20 years as the district develops. The district then will establish a site-specific budget and will provide for a special review process for commercial and industrial uses that exceed site-specific budget. It will also prohibit new development that will exceed the district wide budget. Lengthy discussion was held on this proposed district and the options available to the City to regulate growth within the interchange district that will impact the 1-5 interchange area. 20.5 Councilor Cox felt that the proposed IMA Overlay District is a good concept that needs to be pursued by the City. It was noted that the IMA Overlay District would be adopted by ordinance and the City would be required to follow the ordinance provisions but it would also have some flexibility for developers to look at alternative ways to reduce traffic impact. Mr. Winterowd stated that adoption of a IMA Overlay District will help the City by preserving capacity for industrial development and the City will not be held accountable for the traffic that occurs outside of the area. He also felt that the district wide budget is large enough so that it will not be reached until the latter years of the 20-year plan if it is even reached at all. Of more concern and careful thought by the City involves the site- specific budget since that is an educated guess about probable traffic generation for each site that is in that area. The review process does not restrict residential uses but monitors how much traffic is actually generated. Commercial and industrial uses would fall into the review process if the site specific budget would be exceeded for the parcel under the ordinance provisions. If in fact the district wide budget is exceeded before the end of the Page 5 - Council Work Session Minutes, September 20, 2004 19 .. ..',,, COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING 20-year period, the City would be obligated to deny the application or figure out a way to accommodate by changing the City's TSP to build new facilities and/or instituting more management measures in a way to reduce those numbers. The Planning Commission and Council have flexibility to approve a development if an allowed use exceeds the site specific budget. The development could be permitted as a conditional use if the proposed development is on the targeted employers list as defined in the Economic Opportunities Analysis and a good faith effort to do transportation demand management, or ifnot on the targeted employers list and listed as a permitted use in the underlying zone and have adopted TDM measures which gets the trip generation down below the budget, then the City can impose conditions of approval. Under this ordinance, the City is obligated to inform ODOT when 1/3 of the district wide budget is used and again when 2/3 of the district wide budget is used. There is also a requirement that traffic impact studies meet the City's standards and ODOT standards. Once a development is approved and operational, the City would enter into an intergovernmental agreement with ODOT on how to monitor the trip generation since ODOT is worried about the interchange, and the City will have the ability to adjust the trip budget over time based on actual use. In the event a development exceeds the trip budget they were originally allocated, the business would be in violation of their condition of approval and the City could either shut down the business or require business changes that will reduce the peak hour trip generation. The ordinance could also include assessments for covering costs of a monitoring expense and the developer could also be asked to pay for the City's cost in having the review. Additionally, the traffic impact fee could be re-assessed ifthe trip generation exceeded the number originally allowed since there is a violation ofthe TDM. 28.0 Councilor Bjelland expressed his opinion that conceptually this is a very good approach for the City to take and an access management plan will be a key ingredient in getting any approval of commitment in regards to funding for interchange improvements. He also felt that the key will be in the details of this plan as it relates to assignment of trip budgets to the specific parts of the commercial and industrial land, and allocation of zoning within the district between commercial and industrial as well as the proportion that is allocated to residential. Side B In regards to golf carts, Steve Perone stated that the draft plan will remove the golf cart element of the designation. Councilor Cox questioned if another workshop will be held before the plan is finalized. Community Development Director stated that Settlemier Avenue will continue to be addressed by the consultants and staff, and more detailed information will be made available on the IMA Overlay District and the intergovernmental agreement that would complement the district. Page 6 - Council Work Session Minutes, September 20, 2004 20 .. ...". COUNCIL WORK SESSION MINUTES SEPTEMBER 20, 2004 TAPE READING Councilor Cox stated that he would also like to further discuss the extension of Evergreen Road across to the north of Highway 214 and the looping of that roadway to Country Club Road. It was noted that this looping was developed as a result of the Interchange Management Plan and the 1-5 interchange environmental assessment. 8.0 Councilor Cox stated that he would put his concerns regarding sidewalks into a memo and circulate it to staff for review. Commissioner Vancil stated that another issue that has not been addressed is the back-up of traffic on Highway 214 traveling west towards 1-5 and the need to discuss this issue in more depth so that the draft plan will address short term needs to improve traffic flow in addition to the long term needs. Administrator Brown stated that the City may need to take a closer look at the Capital Improvement Program to address the short term needs. 12.0 The workshop concluded at 9:05 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 7 - Council Work Session Minutes, September 20, 2004 21 .. Y' 1f' 8e MINUTES Woodburn Recreation and Parks Board Tuesday, October 12, 2004 7:00 pm City Council Chambers 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. @cF@VU 2. Herb Mittmann introduced new board member: Brad Hutchison 3. Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member, Brad Hutchison Staff present: Randy Westrick, Director; Steve Newport, Aquatics Manager; Paulette Zastoupil, A.A. 4. Approval of Minutes from September 14, 2004. Motion to accept the minutes was made by Herb Mittmann and seconded by Bruce Thomas. 5. Business from the Audience: None 6. Division Reports Aquatics Division - Steve Newport Steve Newport reported that the annual one-week closure for cleaning and maintenance would take place October 23 - 31. On Saturday, October 22 there will be "Paws For A Cause" event in which people can bring their dogs to swim in the pool before it is drained for cleaning. This Friday, October 15 will be Dive In Movie Night, featuring Shriek II. The opportunit~ for evening swim lessons will begin in November, and approximately 500 4t graders are now being given swim lessons. Parks and Facilities - Randy Westrick Randy Westrick shared with the board that Thursday, October 14 he was meeting on the Pond Improvement Plan, and explained the permit process. Bruce Thomas asked for clarification on the permits and Randy explained that they were to deepen the pond to put a fishery in place. Herb Mittmann then asked when the permits were given, how soon would the work begin and Randy answered probably next summer. The Mill Creek Greenway grant applications are due in mid February and the beginning process will start in December. Recreation and Leisure Services - Barbara Nugent Report was in written form on Teen Scene. Randy shared with Board that Barbara was attending the National Park and Recreation Conference. 22 .. ..' 'I' 7. Special Event Policies Randy explained the revision objectives the Board should be looking at throughout the policy. . Develop specific "pre-approved" set-up plans that direct sounds away form residential neighborhoods. . Reduce acceptable park boundary dBA limits. . Limit the duration of amplified sound. . Restrict the times and days of when amplified sound is acceptable. . Combinations of the above-listed measures. Randy also shared that the Livability Task Force was also working on it and that Herb was planning to attend the next meeting. 8. Community Center Task Force - Kroc Initiative Application Randy explained the opportunity of submitting an application to the Salvation Army to build a Community Center. The City of Woodburn, Recreation and Parks are asking for 24 million dollars, which will include a 12 million endowment. The application asked for a split facility with an addition to the aquatic center and then another facility built at legion Park. The feasibility application was due on October 1, 2004 and the Task Force will give a presentation to the Kroc Initiative Task Force on October 28, 2004. The Joan Kroc Task Force will decide on November 4, 2004 which of the applications will be going on to the development stage. Out of 10 western divisions, only 7 or 8 application will most likely be accepted. The Board was in agreement that the application was a great opportunity for Woodburn but was concerned about the ownership of Woodburn's parkland. The Board agreed that the presentation should leave the idea open to just a one facility complex located at either park or the privately owned land on Parr Rd. The Community Center Task Force is meeting, October 13, 2004 to craft the presentation, and to select a presentation team. The chosen team will give a practice presentation on Monday, October 25,2004 to finalize it. 9. Future Board Business . Special Events Policy . Board Retreat, November 17,2004 at 5:30 p.m. . Next meeting on November 9, 2004 10. Board Comment None. Meeting was adjourned at 8:35 pm 23 .. T' , 8D WOODBURN PLANNING COMMISSION September 9,2004 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Vice Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Lima Young Vancil Grigorleff Knoles Bandelow A P P P P P Staff Present: Jim Mulder, Community Development Director Vice Chairperson Young presided the meeting tonight due to Chairperson Lima being out of town. MINUTES A. Woodburn Planning Commission Minutes of August 19. 2004 Commissioner Knoles made a motion to approve the minutes as presented and Commissioner Vancil seconded the motion. Motion unanimously carried. B. Woodburn Planning Commission Minutes of August 26. 2004 Commissioner Knoles moved to accept the minutes as written. Commissioner Bandelow seconded the motion, which carried unanimously. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS Staff announced a work session with the City Council has been scheduled for Monday, September 20,2004 at 6:30 pm in the Council Chambers. The draft Transportation System Plan and comments that came out of the previous work session. An agenda and reading materials will be delivered next week for review by the Planning Commissioners. PUBLIC HEARING None ITEMS FOR ACTION A. Final Order for Annexation 04-01. Zone Change 04-01. ProDertv Line Adlustment 04-02 and Procertv Line Adlustment 04-03. reauest to annex 3.1 acres of land and zone change from UTF to RS located at 515 Settlemier Ave.. Cltv of Woodburn. aDDllcant. (Continued from the August 19.2004 Planning Commission meeting to the August 26. 2004 Planning Commission meetinG). Commissioner Vancil moved to accept the final order as presented by Staff. Commissioner Knoles seconded the motion. Motion unanimously carried. B. Cancellation of Sectember 23. 2004 PlanninG Commission meeting due to lack of aGenda items. Vice Chairoerson YounQ made a motion to cancel the September 23,2004 Planning Commission meeting. Motion was seconded by Commissioner Knoles, which carried. Planning Commission Meeting - September 9, 2004 Page 1 of 2 24 .. T' T DISCUSSION ITEMS None REPORTS A. Building Activity for August 2004 B. Planning Proiect Tracklna Sheet (revised 9-1-04) BUSINESS FROM THE COMMISSION Commissioner Vancil inquired whether there has been any news on getting a new Commissioner on board? Staff replied he has not heard anything. ADJOURNMENT Commissioner Knoles moved to adjourn the meeting. Commissioner Bandelow seconded the motion, which carried unanimously. Meeting adjourned at 7:15 pm. APPROVED //~iJ~ " ~------~---- --.- CLAUDIO LIMA, CHAIRP RSON IO/llt/o <I DATE (J . ?~ ATTEST U'fo/'~:t. " Jim M\..II~er, Commljnity Development Director City of Wood burn, Oregon / Ie, - /~ -61 Date Planning Commission Meeting - September 9, 2004 Page 2 of 2 25 .. T' , MINUTES MONTHL Y MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: October 13, 2004 ROLL CALL: Mary Chadwick - Present Yesenia Chavez - Absent Neal Hawes - Present Ardis Knauf - Present Kay Kuka - Present Patricia Will - Present Katherine Holland - Absent ST AFF PRESENT: Linda Sprauer, Library Director Vicki Musser, Recording Secretary GUESTS: None. CALL TO ORDER: President Pat Will called the meeting to order at 7 pm. SECRETARY'S REPORT: seconded. The minutes of September 8, 2004 were approved and CORRESPONDENCE: None. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self- explanatory. Circulation statistics reflect a slight drop from previous years. The Tuesday 'People Count' is down, now that Music in the Park, which was held every Tuesday through the summer, is over. Tuesday, September the 28th, was an exception. Activities: The Library's new Youth Services Librarian, Deeda Stanley, is getting ready for fall in the Children's Room. She has been conducting Library tours with school children on a regular basis, and the YS fall program schedule is underway. Kids Book Club will be meeting on the 18th and the 25th from 3:30-4:30 pm. Infant-Toddler Time is on Tuesdays from 10:30-11:30 am, and Spanish Story time is also held on Tuesdays, from 5:30-6:30 pm. The Library has a Family Storytime every week, which is held in the Multi-Purpose Room on Wednesdays from 10:30-11 :30 am. Two Library sponsored Archeology programs were held on October 9th and loth. On the 9th, the Archeology Celebration was given at the Library and geared towards children. It was a great success with 20 children and 20 26 ~ T' ,. 8E 1 adults in attendance. Thirty people attended the adult Archeology program on the 10th at city Hall. They kept the speaker after the program, asking questions and talking, for some time. The Third Thursday Teens program is happening every third Thursday. School has started and the teens are active. On October 21 S\ the teens will be involved in a pizza 'tasteoff. Although the Library is continuing its regular programming, we are not planning many extra programs, since training time will be needed for the scheduled switch from Dynix to III coming soon. The Evening Book Group, which met on a regular monthly basis at the Library, has disbanded. The Morning Book Group, led by Marge Wells, is now meeting at Colonial Gardens. Anyone may join, and Vicki has Marge's phone number should any Board Member want to jom. Volunteer of the Month: Beulah Jordan is the Volunteer of the Month. She has been a volunteer for five years, and began by taking books to the homebound. Nancy Condit, the Reference Librarian in charge of the Homebound program, would select books based on initially meeting the homebound person, and having them fill out a questionnaire regarding their likes and dislikes. Then Beulah would drive to the person's home, pick up the finished books, and drop off the new selections. Eventually the book delivery grew too heavy for Beulah, and she has since done a variety of volunteer jobs at the Library. Please thank Beulah if you see her. She is one of the volunteers behind the scenes, helping the Library to run smoothly. CCRLS: The Library is in the process of getting Library staff trained to use III. The Library will switch from Dynix to III (Innovative Interfaces, Incorporated) on December 22nd, as planned. CCRLS will initially train key members of the Library staff, and they in turn, will train everyone else, along with additional help from CCRLS. The Library will be closed on December 26, 2004 this year, since the newly upgraded automation system might need some adjustments. Woodburn's was the only library scheduled to be of en that day. Regular hours will resume on December 2i . The Board questioned what effect III might have on patrons. Linda assured them that observable changes 2 27 " ~ 'T" , OLD BUSINESS: would be minimal. The change from a text system to a graphics system a few years ago required a substantial adjustment, but any changes now should be welcome ones. A Board member also asked why the Library's automatic checkout machine does not check out books to patrons who have an overdue book or one on hold. It was explained that the self-checkout machine refers all patrons who need staff intervention to the Circulation desk, so that they can receive individualized attention. Holiday Hours: The Library will be closed for Thanksgiving on Thursday, November 25. It will reopen again on Friday, November 26. In December, the Library is open 10-8 pm on Wednesday, December 22, and Thursday, December 23. On December 24, the Library will be open from 8 am. until noon, and then closed until lOam on Monday the 27th. Also, on January 1,2005 the Library will be closed. The Friends of the Library's bi-annual Book Sale will be taking place on Friday, October 15, and Saturday, October 16th from 10-4 pm. Neal Hawes, Library Board member as well as Treasurer for the Friends of the Library, gave the Board an update on the Book Sale, reminding them of the time honored tradition of allowing customers to purchase books for $1 a bag during the last hour of each days' sale. New CDs, covering the spectrum of musical genres, will be sold for $8 at the sale. Music in the Park: The Friends of the Library met with the City Council and presented them with a framed poster. Sandy Kinney, who chose the bands and was instrumental in the success of this year's concert series, was given roses and a Certificate of Appreciation. Mid Valley Bank and Renaissance Homes may both be sponsors for the 2005 concert series of Music in the Park. The next Friends of the Library meeting will take place on Monday, December 6, at 2:30 pm in the Carnegie Room. None. 3 28 .. Y" 1t' NEW BUSINESS: THE CITY COUNCIL AND/OR MAYOR: ADJOURNMENT: Respectfully submitted, Vicki Musser A Community Center Task Force continues to work toward planning a new Community Center. Linda presented the Library Board with an overview of some of those plans, and asked the Board to sign a letter of support to send the task force. The motion was passed unanimously. Linda will work with Patricia Will, the Board President, to send the letter of support to the Community Center Task Force. 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" ::0 " OIl " "" " 0 '" " E-< " 0 (Jl " H " 0 <.9 " '" " 3: "" " " ~ (Jl " ~ u ::0 " '" E-< " 0 :<: ,,; " U E-< " (Jl " >< " " E-< " " " " U " " MOO M 0 " MOO MO " " M M " LO LO " H H " " 0 0 " <> <> " .... H '" " ~ " " Z " " '" " '" " >< " (Jl(Jl(Jl (Jl(Jl ,,; " l<:l<:~ l<:~ 0.. " UUU UU " 010101 01'" " :<::<::<: 00 " UUU " " M M " '" '" " N N " " " " " 01 " .... " q; " 0 " " l<: " '0 01<>0\ U " 01 >OM 01 " ...., 1-1............. :<: " H 0 ..:IO\M U " OU ,01 HO " OlZ .... Z........... " ..:10 q; <>:0<> .. " HU 00 ::>H"" " UOlO 01'" <Xl l<: " Z<>:Ol E-<::O 00101 U " 0 0 ~ OE-<:E '" " UE-<H 0.... O~H :<: " 0100 0.0 3:0.... U " o:Z> ::oZ 36 .. T I ~V~__ ~4 WQ.Q.:Q~llI~N I "" ,) r I' l' r.1 t C ,1 I ti S-I 1J/A~_ ~ L. 88 r~(~ . . October 21, 2004 TO: FROM: Mayor and City Council through City Administrator Scott Russell, Chief of Police ~ Police Department Statistics - August & September 2004 SUBJECT: RECOMMENDATION: Receive the report. BACKGROUND: The attached report lists year-to-date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Department's Records Management System. The previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None. Agenda Item Review: _\ City Administrator~ City Attorney _ Finane ,../7/ 37 .. T" T' f.lAbt. UAIt.: 10/21/2004 PL6860 TIME: 9:39:52 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -- -- - - - - - - - - - - - - - --- - - - - - - --- - -- - - - - --- - - - -- - - - -- -- --- - - - - - - - ------ - - --- - - --- -- - -- - - --- - - - -- ------ ---- --- - ----- -- - - ------ -- - - - - - - --- AGGRAVATED ASSAULT 0 3 0 5 5 2 6 3 0 24 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 46 48 50 26 28 19 21 2 5 245 ARSON 1 0 0 0 3 1 0 0 0 5 ASSAULT SIMPLE 10 6 17 15 12 18 12 17 17 124 ATTEMPTED MURDER 0 0 0 0 0 0 1 0 0 1 BOMB THREAT 0 0 0 0 0 0 0 0 0 0 BRIBERY 0 0 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 3 12 5 2 4 3 2 1 9 41 BURGLARY - OTHER STRUCTURE 3 2 6 3 2 2 1 3 1 23 BURGLARY - RESIDENCE 3 10 14 12 15 10 16 18 6 104 CHILD ADBANDOMENT 1 0 0 1 0 0 0 0 0 2 CHILD NEGLECT 0 0 0 0 1 1 1 0 1 4 CITY ORDINANCE 14 8 8 13 8 5 4 3 3 66 CRIME DAMAGE-NO VANDALISM OR ARSON 20 24 31 22 27 14 15 18 22 193 CURFEW 3 2 0 0 2 6 0 0 2 15 CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 0 0 0 CUSTODY - DETOX 2 1 4 3 3 5 6 1 2 27 CUSTODY - MATERIAL WITNESS 0 0 0 0 0 0 0 0 0 0 CUSTODY - MENTAL 0 1 0 1 1 2 0 1 0 6 CUSTODY - PROTECITVE 1 0 0 0 0 0 0 0 0 1 DISORDERLY CONDUCT 3 4 2 2 5 5 3 1 3 28 DOCUMENT A T ION 0 1 0 0 0 0 0 0 0 1 DRINKING IN PUBLIC 0 0 0 0 1 1 1 1 0 4 DRIVING UNDER INFLUENCE 8 12 8 9 5 11 4 16 17 90 DRUG LAW VIOLATIONS 23 4 9 19 19 11 11 13 10 119 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED-MISDEMEANOR 7 9 3 0 3 2 1 7 2 34 ELUDE 2 0 2 1 3 2 2 1 1 14 EMBEZZLEMENT 0 0 0 0 0 0 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 0 1 1 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 5 1 1 2 3 1 1 25 FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 FORCIBLE RAPE 0 0 0 0 1 1 1 1 3 7 FORGERY/COUNTERFEITING 10 8 10 4 6 5 3 8 5 59 FRAUD - ACCOUNT CLOSED CHECK 1 2 2 0 0 0 0 0 0 5 FRAUD - BY DECEPTION/FALSE PRETENSES 1 1 3 1 0 1 1 0 1 9 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 1 0 1 0 1 2 1 9 FRAUD - IMPERSONATION 3 6 3 1 2 2 1 2 2 22 FRAUD - NO ACCOUNT - CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - NOT SUFFICIENT FUNDS CHECK 1 0 0 0 0 0 0 0 0 1 FRAUD - OF SERVICES/FALSE PRETENSES 1 2 0 2 1 0 1 0 1 8 FRAUD - WELFARE 0 0 0 0 0 0 0 0 0 0 FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 31 34 34 29 34 43 28 37 29 299 FURNISHING 1 0 0 0 0 1 0 4 0 6 GAMBLING - BOOKMAKING 0 0 0 0 0 0 0 0 0 0 GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 GAMBLING - ILLEGAL DEVISES/~ACHINES 0 0 0 0 0 0 0 0 0 0 38 ~ ~ 'Y' 'f f'AlJt. <: DATE: 10/21/2004 PL6860 TIME: 9:39:52 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU ORl#: OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -- -- - - - - - -- - - - - -- - - - - - -- - --- -- ~ - -- -- - - - - - - -- - - - - - - - - - - ------ - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ---------------- GAMBLING - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 0 0 GAMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 GARBAGE LITTERING 0 0 0 1 0 0 0 0 0 1 HIT AND RUN FELONY 0 2 2 0 3 0 0 1 1 9 HIT AND RUN-MISDEMEANOR 12 13 21 7 7 13 10 23 14 120 ILLEGAL ALIEN - INS HOLD 0 0 0 1 2 0 0 0 0 3 ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0 0 0 0 ILLEGAL LIQUOR-MAKE.SELL.POSSESS 0 0 0 0 0 0 0 0 0 0 IMPORTING LIQUOR 0 0 0 0 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 0 0 2 2 4 4 5 5 7 29 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 2 0 0 3 KIDNAP - FOR RANSOM 0 0 0 0 0 1 0 0 0 1 KIDNAP - HI-JACK. TERRORIST 0 0 0 0 0 0 0 1 0 1 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 1 0 0 0 1 0 0 0 2 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 4 5 4 3 4 5 2 3 1 31 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 4 8 4 5 9 6 8 5 8 57 MOTOR VEHICLE THEFT 16 12 12 19 18 10 12 16 15 130 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 NON SUPPORT 0 0 0 0 0 0 0 0 0 0 OTHER 9 11 7 7 8 5 4 6 9 66 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0 0 0 0 PROPERTY - FOUND LOST MISLAID 16 18 28 21 26 28 25 23 15 200 PROPERTY RECOVER FOR OTHER AGENCY 3 2 1 1 0 1 0 0 0 8 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 1 0 0 1 0 0 0 0 0 2 PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 28 56 31 29 63 27 12 20 26 292 RECKLESS DRIVING 1 0 2 2 5 2 1 0 0 13 ROBBERY - BANK 0 0 0 0 0 1 0 0 1 2 ROBBERY - BUSINESS 0 0 0 0 1 0 0 0 1 2 ROBBERY - CAR JACKING 1 1 0 0 0 0 0 0 0 2 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 1 1 0 0 0 0 0 2 ROBBERY - OTHER 1 1 0 0 1 1 1 2 2 9 ROBBERY - RESIDENCE 1 0 0 0 0 0 0 0 0 1 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 RUNAWAY 17 2 5 11 8 11 5 7 11 77 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 0 0 1 SEX CRIME - EXPOSER 1 0 0 0 0 0 1 0 0 2 SEX CRIME - FORCIBLE SODOMY 1 0 0 1 1 0 1 0 0 4 SEX CRIME - INCEST 0 0 0 0 0 0 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 2 4 3 3 1 3 3 1 20 SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 0 0 0 39 . ...' , .' I-'Abt j DATE: 10/21/2004 PL6860 TIME: 9:39:52 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL --- -- - - - -- - -- - --- - - - --- - -- ---- --- - - - - - -- - - - - - - ----------- - --- - - -- - -- - - --------------- ------ ----- -- ---- -- --- - - - - - -- -- -------- -- SEX CRIME - NON-FORCE RAPE 0 1 1 1 0 1 1 0 1 6 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 1 0 0 0 0 1 SEX CRIME - OTHER 0 0 0 0 0 0 0 0 0 0 SEX CRIME - PEEPING TOM 0 0 0 0 0 0 0 0 0 0 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0 0 0 0 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 0 0 STALKER 0 0 1 0 0 0 0 1 0 2 STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 0 0 1 1 2 1 0 4 1 10 SUICIDE 1 0 0 0 0 0 2 0 2 5 THEFT - BICYCLE 2 1 4 6 4 4 7 7 5 40 THEFT - BUILDING 7 3 6 3 3 7 3 5 2 39 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 THEFT - FROM MOTOR VEHICLE 3D 31 34 39 28 23 20 25 18 248 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 1 0 1 1 3 3 3 1 2 15 THEFT - OTHER 11 14 14 28 20 25 15 23 13 163 THEFT - PICKPOCKET 0 0 0 0 1 0 0 0 0 1 THEFT - PURSE SNATCH 1 0 1 2 3 0 1 0 1 9 THEFT - SHOPLIFT 15 14 18 12 11 13 6 2 10 101 TRAFFIC ORDINANCES 61 53 73 20 19 21 14 0 3 264 TRAFFIC VIOLATIONS 37 37 14 1 2 7 8 11 4 121 TRESPASS 6 3 5 6 6 4 6 6 7 49 UNKNOWN 0 0 0 0 0 0 0 0 0 0 VANDALISM 29 33 49 76 26 36 24 34 33 340 VEHICLE RECOVERD FOR OTHER AGENCY 3 3 4 2 4 2 4 2 3 27 WARRANT ARREST FOR OUR AGENCY 1 1 1 0 1 4 1 1 1 11 WEAPON - CARRY CONCEALED 0 1 4 4 2 2 2 0 1 16 WEAPON - EX FELON IN POSSESSION 0 1 0 0 0 0 0 0 0 1 WEAPON - OTHER 0 0 0 0 0 0 0 0 0 0 WEAPON - POSSESS ILLEGAL 1 3 0 0 0 0 0 2 1 7 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 ZONING ORDINANCE 11 4 8 7 5 6 5 2 3 51 - - -- - - - --- ----- -- -- -- - - -- - - - -- - -- --- -- -- -- - ---------. ----- ---- -- - -- -------- --- - - --- TOTAL: 541 544 580 496 497 451 360 402 368 4239 -- - - -- - - - - - -- ---- - - - --- -- - - ---- - -- -- - - -- -. - - --- -- - - - - -- - - - - -- ------ - - - --- - - - - - - -- - -- - - - -- -- - - --- --- - - - - - - - -- -- - -- - - - -- - - - --- - - - - - --. 2004 TOTAL: 541 544 580 496 497 451 360 402 368 0 0 0 4239 2003 TOTAL: 520 360 437 459 567 570 470 542 523 0 0 0 4448 2002 TOTAL: 1 0 0 0 0 0 0 1 0 0 0 0 2 40 rf-llll:. DATE: 10/21/2004 PL6850 TIME: 9:39:28 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU DRI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL - -- ---- -- -- - - - _.- - - - -- - - - - - -----. ---- - - -- -- - - - ------- - - - - -- - ----- - -- --- - - -- - --------- --- ---- - -- ----- -- -- - -- ----- - --- --------- -- - - --- AGGRAVATED ASSAULT 0 0 0 3 1 1 8 1 0 14 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 0 0 0 0 0 0 1 0 0 1 ARSON 0 0 0 0 1 1 0 0 0 2 ASSAULT SIMPLE 10 3 14 8 7 13 13 16 12 96 ATTEMPTED MURDER 0 0 0 0 0 0 1 0 0 1 BOMB THREAT 0 0 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 0 1 0 0 5 0 0 7 1 14 BURGLARY - OTHER STRUCTURE 0 0 1 0 0 0 0 1 0 2 BURGLARY - RESIDENCE 0 3 0 2 1 0 1 12 0 19 CHILD ADBANDOMENT 0 0 0 1 0 0 0 0 0 1 CHILD NEGLECT 0 0 0 0 0 0 2 0 0 2 CITY ORDINANCE 0 0 0 2 0 1 1 0 0 4 CRIME DAMAGE-NO VANDALISM OR ARSON 6 3 1 3 10 1 2 0 2 28 CURFEW 4 2 0 0 3 9 0 0 7 25 CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 0 0 0 CUSTODY - DETOX 2 2 3 3 4 5 6 1 2 28 CUSTODY - MENTAL 0 1 0 1 0 2 0 1 0 5 CUSTODY - PROTECITVE 2 0 0 0 0 0 0 0 0 2 DISORDERLY CONDUCT 2 9 4 5 5 7 3 0 3 38 DOCUMENTATION 0 0 0 0 0 0 0 0 0 0 DRINKING IN PUBLIC 0 0 0 0 1 1 1 1 0 4 DRIVING UNDER INFLUENCE 8 12 7 10 5 11 5 16 17 91 DRUG LAW VIOLATIONS 30 3 12 19 23 18 14 12 9 140 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0 DWS/REVOKED-MISDEMEANOR 7 9 3 1 5 2 1 7 3 38 ELUDE 0 0 1 1 1 2 2 0 1 8 EMBEZZLEMENT 0 0 0 0 0 0 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 0 1 1 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 5 3 2 2 2 2 1 28 FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 FORCIBLE RAPE 0 0 0 0 0 0 0 0 0 0 FORGERY/COUNTERFEITING 4 0 10 4 5 8 1 4 6 42 FRAUD - ACCOUNT CLOSED CHECK 0 0 2 0 0 0 0 0 0 2 FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 1 0 0 0 0 0 1 3 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 0 0 0 0 1 0 2 FRAUD - IMPERSONATION 0 4 3 0 0 0 0 2 0 9 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0 0 0 0 0 FRAUD-OTHER 0 0 0 0 0 1 0 0 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 32 34 36 31 40 54 42 36 32 337 FURNISHING 0 0 0 0 0 1 0 4 0 5 GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 GARBAGE LITTERING 0 0 0 1 0 0 0 0 0 1 HIT AND RUN FELONY 0 1 2 0 1 0 0 0 0 4 HIT AND RUN-MISDEMEANOR 2 2 2 0 1 2 1 2 1 13 ILLEGAL ALIEN - INS HOLD 0 0 0 1 1 1 0 1 1 5 INTIMIDATION /OTHER CRIMINAL THREAT 4 1 1 1 2 3 8 7 6 33 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 0 0 0 3 0 0 3 41 ~ ...' lit' t-'f\\Jt t. DATE: 10/21/2004 PL6850 TIME: 9:39:28 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -- - ---- ~ - -- - - - - - - - - - -- -- -- - - - ---- - - ---- - - - - - - -- - - - -- - ---- - - - - - --- - - -- --- -- - -. -- --- .-- - - - -- - ------ -- - ---- - -- - - -- - - - - - --- ------------- KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 KIDNAP - HI-JACK,TERRORIST 0 0 0 0 0 0 0 1 0 1 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 0 0 0 0 0 0 0 0 0 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 5 4 4 8 6 8 3 5 2 45 MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 MISCELLANEOUS 0 0 0 0 0 0 0 0 0 0 MOTOR VEHICLE THEFT 1 4 2 6 0 0 1 2 4 20 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 OTHER 9 13 8 15 7 3 6 4 10 75 PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 1 0 0 0 0 0 0 0 0 1 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 1 0 0 0 0 0 1 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0 0 RECKLESS DRIVING 1 0 2 2 4 3 1 0 0 13 ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 ROBBERY - BUSINESS 0 0 1 0 1 0 0 0 0 2 ROBBERY - CAR JACKING 0 1 0 0 0 0 0 0 0 1 ROBBERY - CONV,STORE 0 0 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 0 0 ROBBERY - OTHER 0 3 0 0 0 0 0 0 0 3 ROBBERY - RESIDENCE 0 0 0 0 0 0 0 0 0 0 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 RUNAWAY 5 0 5 3 2 2 1 2 2 22 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 0 0 0 0 0 SEX CRIME - EXPOSER 0 0 0 0 0 0 1 0 0 1 SEX CRIME - FORCIBLE SODOMY 0 0 0 1 0 0 0 0 1 2 SEX CRIME - INCEST 0 0 0 0 0 0 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 0 0 0 0 0 0 1 1 2 SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 0 0 0 SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 0 0 0 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 0 SEX CRIME - OTHER 0 0 0 0 0 0 0 0 0 0 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0 0 0 0 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 0 0 STALKER 0 0 0 0 0 0 0 0 0 0 STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 2 4 1 2 3 3 0 3 4 22 SU IC IDE 0 0 0 0 0 0 0 0 0 0 THEFT - BICYCLE 0 0 2 0 0 0 0 0 0 2 THEFT - BUILDING 1 3 3 0 5 0 0 0 0 12 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 THEFT - FROM MOTOR VEHICLE 3 1 0 2 0 0 1 0 2 9 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0 THEFT - OTHER 4 1 5 1 2 4 2 2 3 24 THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0 THEFT - PURSE SNATCH 0 0 0 0 0 0 0 0 0 0 THEFT - SHOPLIFT 14 14 17 12 11 12 5 5 8 98 42 .. ...' w' DATE: 10/21/2004 PL6850 TIME: 9:39:28 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU SEPTEMBER 2004 SCOTTRU ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP TOTAL -- ------ ---- --. --- - - - ---- - - - ---------- - ------------- - - - - - --- --- -- --- --- - -- -- -- -- - -- - - - - - - -- - - - - - - --- - - - --- ----- - - - --- ----- - - - - - - - - -- TRAFFIC ORDINANCES 0 0 0 0 0 0 0 0 0 0 TRAFFIC VIOLATIONS 33 40 32 14 19 22 13 28 34 235 TRESPASS 7 3 8 8 8 5 4 6 6 55 VANDALISM 1 0 9 16 0 6 3 6 3 44 VEHICLE RECOVERD FOR OTHER AGENCY 0 2 0 0 0 1 1 0 0 4 WARRANT ARREST FOR OUR AGENCY 1 0 0 0 0 1 0 1 1 4 WEAPON - CARRY CONCEALED 0 1 4 4 2 2 1 0 2 16 WEAPON - EX FELON IN POSSESSION 0 0 1 0 1 0 1 0 0 3 WEAPON - POSSESS ILLEGAL 1 3 0 0 0 0 0 2 0 6 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 ZONING ORDINANCE 0 0 0 0 0 0 0 0 0 0 -- -- -------- -- ---- --- -- - - - - -- - -- - -- --- - -- - - - - - - -- - - -- -~ - - -- -- - -- -- - --- ---- ----- - -- - ----- - -- --- - ------ - -------- - --- - - -- - - - - --- - - -- --- 2004 TOTAL: 208 194 212 195 195 218 162 202 189 0 0 0 1775 2003 TOTAL: 202 148 164 190 221 196 230 214 174 0 0 0 1739 2002 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 43 ~ .. Y' , ~.'~j,.y~ :_.i...~~~\[rr ,~. ':, . , WQQ:QB\L~N I" .. .' ( !' .' , II r c ,/ I X .5 ., ~ ~10A . . October 25,2004 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administrat~ 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 November 8, 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, continued again to the Council's September 27, 2004 meeting and then continued to the Council's October 25,2004 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 November 8, 2004. Northwest Natural's extended franchise is set to expire November 15,2004. Agenda Item Review: City Administrat City Attorney '~ Finance . 44 " . Y' T ~~~ ~~4 WQ.Q.:Q.!!.l)RN J It .... V r /' .' r a , cd' ~ S ~ lOB ~~ . . October 20,2004 FROM: Mayor and City Council thrOUgh.{j~ Administrator Ben Gillespie. Finance Director rj~ Hearing to Consider Contingency Transfers TO: SUBJECT: RECOMMEN DATION: Council direct staff to return an ordinance reflecting the Council's decision following the hearing. BACKGROUND: At the Council meeting of October 11 appropriations were approved for the purchase of two lots at First and Oak ($156,000). The intent was to charge the purchase to the Housing Rehab Fund. However, the transaction was scheduled to close on October 13, leaving not enough time to adopt a Contingency Transfer in the Housing Rehab Fund. Because the land may be used for Parks purposes and the appropriations could legally be made available in the Parks budget, the Council approved a Contingency Transfer, and the purchase was recorded in General Fund--Parks. DISCUSSION: Staff has used the time since the October 11 Council meeting to notice a hearing to consider transferring Contingency in the Housing Rehab Fund and restoring Contingency in the General Fund. If those transfers are approved, the costs of the purchase will be moved to the Housing Rehab Fund, and the General Fund will be relieved of those costs. FINANCIAL IMP ACT: When this series of transactions are completed, the purchase will be recorded in the Housing Rehab Fund, and the General Fund will be restored to its original condition. \ >.- / Agenda Item Review: City Administrator ~ City Attorney _ Finan 45 ~ ..... I . Mayor and City Council October 20, 2004 Page 2 . . The proposed revision has no net effect on Contingencies or appropriations in the aggregate. The supplemental appropriation approved by the Council on October 11, increased appropriations by $156,000 for the purchase of land. This contingency transfer allows the purchase to be charged to the appropriate fund. 46 .. .." w' ~.(~r.-d.. . ,. ;. ... ," ....,. W~ri:BURN /",.r,".'1I1 j8~~ 11A ~~ . . October 20, 2004 FROM: Mayor and City Council through City Administrator Ben Gillespie. Finance Director Pjft1 Contingency Transfers- - Ordinance TO: SUBJECT: RECOMMENDATION: Council adopt the attached ordinance making contingency transfers. BACKGROUND: Earlier this evening the Council conducted a hearing to consider budget amendments. The attached ordinance, as amended, reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMP ACT: The proposed revision increases appropriations in the Housing Rehab Fund by $156,000, and decreases Contingencies by a like amount. In the General Fund appropriations are decreased by $156,000 and Contingencies are increased by the same amount. Agenda Item Review: City AdministratDr. City Attorney f 1j 47 .. T" COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2004-05 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on October 20,2004 as required under State budget law~ and WHEREAS, the City Council held a public hearing on October 25, 2004 to give citizens an opportunity to comment on the proposed 2004-2005 supplemental budget, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2004-2005 is hereby adopted as set forth below. Section 2. That fiscal year 2004-2005 appropriations are adjusted as follows: Appropriations GENERAL FUND: Appropriation Adjustments: Capital Outlay - Aquatic Center Operating Contingency ( 156,000) 156,000 HOUSING REHABILITATION FUND: Appropriations Adjustment: Community Devlp Capital Outlay - Land Operating Contingency 156,000 ( 156,000) Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion ofthis ordinance directly involved in the controversy in which such judgment is rendered. Page I - COUNCIL BILL NO. ORDINANCE NO. 48 .. T'" Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures during the 2004-05 fiscal year and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form: '(fJ .~ ~ /') City Attorney lo/n/zoo+ Dale I APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. 49 w' /~ ~~~~,. W~N Inf"'lIof'lftd 18S., liB A~'~ . . October 25, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder, Director of Community Development 1~lJIl / ! SUBJECT: Ordinance Approving Annexation 04-01, Zone Chgnge 04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-03. RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04- 02 and Property Line Adjustment 04-03. BACKGROUND: The City Council, at its October 11, 2004 meeting, conducted a public hearing concerning the above referenced applications. At the conclusion of that hearing, the Council directed staff to prepare an ordinance to adopt findings in support of approval of Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-03. That ordinance is attached. DISCUSSION: None. FINANCIAL IMPACT: None. Agenda Item Review: City Administrator City Attorne~Z ) 50 ~ .. .,." COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN CERTAIN PROPERTY LOCATED SOUTH OF SMITH DRIVE; GRANTING A ZONE CHANGE FROM MARION COUNTY UTF (URBAN TRANSITION FARM) lONE TO CITY OF WOODBURN P/SP (PUBLIC AND SEMI-PUBLIC) lONE; APPROVING PERMIT APPLICATIONS 04-02 AND 04-03; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, City of Woodburn, submitted the following applications: Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-03; and WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record pertaining to said applications and heard all public testimony presented on said applications; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by the City of Woodburn and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the subject property is depicted on the Exhibit Map for Annexation which is affixed hereto as Exhibit "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit "C" and is by this reference incorporated herein, the subject property is hereby annexed to the City of Woodburn. Section 4. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit "A" to this Ordinance from Marion County UTF (Urban Transition Farm) Zone to City of Woodburn P/SP (Public and Semi-Public) Zone based upon the Findings in Support which is affixed hereto as Exhibit "C." Section 5. Development permit applications Property Line Adjustment 04- 02 and Property Line Adjustment 04-03 are hereby approved; based upon the Findings which are affixed hereto as Exhibit "C." Page 1 - COUNCIL BILL NO. ORDINANCE NO. 51 .. W"' I .' Section 6. That Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-03 approvals are subject to the conditions contained in Exhibit "0," which is affixed hereto and incorporated herein, which the Council finds reasonable. Approved as to form: cr;.r;Q- ~ City Attorney fO-1:Z-2GO~ 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. 52 .. ..., 1r' t:.XnJDlt A 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 86053"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. 53 .. T. T Exhibit "B" ;:. I ,/ /( (' " ! .I EXHIBIT "C" FINDINGS IN SUPPORT ANNEXATION 04-01 ZONE CHANGE 04-01 PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100) PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000) I. APPLICATION INFORMATION: Applicant & Property Owner: City of Woodburn CIO Randy Rohman 270 Montgomery Street Woodburn, OR 97071 II. NATURE OF APPLICATION: The applicant proposes to annex 3. t 1 acres of land into the City of Woodburn and change the zoning of the property from Marion County Urban Transition Farm (UTF) to City of Woodburn Single Family Residential (RS) Zoning District and Public and Semi-Public (P/SP) Zoning District. The applicant is also proposing to adjust the property lines between tax lots #100, #4000 and #4100. III. RELEVANT FACTS: 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. Tax lot #100 is located outside of the city limits but inside of the Woodburn Urban Growth Boundary (UGB). Tax lot #100 is zoned Marion County Urban Transition Farm (UTF) and is designated Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and Open Space and Parks on the Woodburn Comprehensive Plan Map. Tax lot #100 is currently vacant. The properties that surround tax lot #100 are zoned Marion County Urban Transition Farm (UTF) and City of Woodburn Single Family Residential (RS), Medium Density Residential (RM), Public and Semi-Public (P/SP) and Retirement Community Single Family Residential (RIS). The properties that surround tax lot #100 are designated Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre, Open Space and Parks and Public Use on the City of Woodburn Comprehensive Plan Map. Single family residential dwellings, schools, 55 .. 'Y" Y' mobile home park, church, city park and vacant lands surround tax lot #100. A portion of tax lot #4000 is located inside of the Woodburn city limits and the remainder 0 f t he site is located 0 utside 0 f t he Woodburn city limits. The portion of Tax lot #4000 that is located inside of the Woodburn city limits is zoned City of Woodburn Single Family Residential (RS) and the remainder of tax lot #4000 located outside of the city limits is zoned Marion County UTF. Tax lot #4000 is currently vacant. The properties located to the north and south of tax lot #4000 are zoned Marion County UTF and City of Woodburn RS, designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and are the location of single family residential dwellings and vacant land. The property located to west is zoned Marion County UTF, designated Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and Open Space and Parks on the Woodburn Comprehensive Plan Map and is the location of vacant land. The properties located to the east are zoned City of Woodburn RS, designated Open Space and Parks and Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan and are the location of single family residential dwellings and a well house. Tax lot #4100 is located inside of the Woodburn city limits and is located at 515 Settlemier Avenue. T ax lot #4100 is zoned RS and designated Open Space and Parks on the Woodburn Comprehensive Plan. The Woodburn Planning Commission approved a 400 square foot well house on tax lot #4100 for municipal water supply and a variance to the street standards on Settlemier Avenue on April 10, 2003. The well house has already been constructed. The well house project has not received final occupancy yet. The applicant is proposing to adjust the property line between tax lots #100, #4000 and #4100 to decrease the size of tax lots #100 and #4000 and increase the size of tax lot #4100. The applicant is proposing to annex the west portion of the enlarged tax lot #4100 into the City of Woodburn and change the zoning on this portion of the subject site from Marion County Urban Transition Farm (UTF) to City of Woodburn Single Family Residential (RS) Zoning District and Public and Semi-Public (P/SP) Zoning District. The applicant is proposing the annexation of the west portion of tax lot #4100 so that a regional storm water detention facility can be constructed on the western portion of tax lot #4100. The properties located to the north of the enlarged tax lot #4100 are zoned City of Woodburn RS and Marion County UTF, designated Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan and are currently vacant and the location of single family dwellings. The property located to the west of the enlarged tax lot #4100 is zoned Marion County 56 ~ .. 'F ' W' UTF, designated Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and Open Space and Parks on the Woodburn Comprehensive Plan Map, and is currently vacant. The property located to the east of the enlarged tax lot #4100 is zoned City of Woodburn RS, designated Residential Less Than 12 Units Per Acre and is the location of single family dwellings. The property located to the south of the enlarged tax lot #4100 is zoned City of Woodburn RS and Marion County UTF, designated Residential Less Than 12 Units Per Acre and is vacant. A wetland channel is located on the west side of tax lot #4100. This wetland is described in the Local Wetland Inventory (LWI) as a drainage running southwest to northeast between Ben Brown Lane (425 feet west of Settlemier Avenue) and Settlemier Avenue (100 feet south of Cherry Street). The portion of this wetland channel that is located on the subject site is between 50 feet from Settlemier Avenue on the north side of the site to over 200 feet from Settlemier Avenue on the south side of the site. A wetland land use notification form has been sent to 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. Portions of tax lot #100, #4000 and #4100 are located within the 100 year floodplain. The remainder of all three tax lots is located outside of the 500 year floodplain. No base flood elevation has been determined for the portion of the tax lots within the 100 year floodplain. The Stubb Road tributary traverses through the western portion of tax lot #4100. This tributary is regulated by the Federal Emergency Management Administration (FEMA) and City Ordinances. The Public Works Department commented that a water course maintenance easement will not be required as per Section 3.1 02.04C of the Woodburn Development Ordinance because the City of Woodburn owns and controls tax lot #4100. The Public Works Department further commented that after obtaining the proper approvals and permits, the boundary or alignment of the existing watercourse will change with the proposed detention facility improvement. IV. RELEVANT APPROVAL CRITERIA: Annexation 04-01: A. WOODBURN DEVELOPMENT ORDINANCE Section 5.104.01 Annexation B. WOODBURN COMPREHENSIVE PLAN Zone Chanae 04-01 : A. WOODBURN DEVELOPMENT ORDINANCE Section 5.104.04 Zoning Map Change; Owner Initiated 57 .. 'W''' 1t B. WOODBURN COMPREHENSIVE PLAN PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100): A. WOODBURN DEVELOPMENT ORDINANCE Section 2.102 Single Family Residential (RS) Section 5.101.07 Property Line Adjustment; Consolidation of Lots PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000): A. WOODBURN DEVELOPMENT ORDINANCE Section 2.102 Single Family Residential (RS) Section 5.101.07 Property Line Adjustment; Consolidation of Lots V. FINDINGS: Annexation 04-01 : A. Woodburn Development Ordinance Section 5.104.01 Annexation: Section 5.104.01.0 Application Criteria 1. Annexation a. Findings showing compliance with applicable Woodburn Comprehensive Plan goals and pOlicies regarding annexation, with the applicant bearing responsibility for the burden of proof. FINDING: Findings showing compliance with applicable Woodburn Comprehensive Plan goals and policies are provided later in this report. This approval criterion is satisfied. b. Territory to be annexed 1) Shall be contiguous to the City of Woodburn; and 2) Shall either: a) Link to master plan public facilities with adequate capacity to serve development of the uses and 58 .. .,." densities indicated by the Woodburn Comprehensive Plan; or b) Guarantee the facility linkages with adequate capacity, financed by the applicant. FINDING: The applicant is proposing to adjust the property lines between tax lots #100, #4000 and #4100 to decrease the size of tax lots #100 and #4000 and increase the size of tax lot #4100. The eastern portion of the enlarged tax lot #4100 is located in the City of Woodburn. The western portion of the proposed enlarged tax lot #4100 is located in Marion County. The city limits is located in the middle of the enlarged tax lot #4100. The western portion of the enlarged tax lot #4100 is contiguous to the city limits located on the west and north sides of the subject property. Water, wastewater and storm sewer service can be provided from the existing sanitary sewer main traversing through the property. The applicant is proposing to utilize the annexed portion of tax lot #4100 for a regional storm water detention facility as specified in the City of Woodburn's Storm Water Master Plan working document. The storm water detention area will support growth within the City of Woodburn. This approval criterion is satisfied. c. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: FINDING: The applicant's annexation request should be approved because the following considerations discussed below are met. 1) Lands designated for residential and community uses should demonstrate substantial conformance to: a), b), and e) and at least one of c) or d), as stated below... a) Infill. The territory to be annexed should be contiguous to the City on two or more sides; FINDING: The north and west sides of the property to be annexed are contiguous to the City. 59 .. ...' , y' b) Residential Buildable Land Inventory. The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or High Density Residential within the City to more than a 5-year supply; FINDING: The property to be annexed will not increase the inventory of buildable land on the Comprehensive Plan as Low or High Density Residential within the City to more than a 5- year supply because a storm water detention facility is proposed on the subject site instead of a residential development. d) Community Need. The proposed development in the area to be annexed fulfills a substantial unmet community need, that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. FINDING: The applicant states "...the property will be used for a storm water regional detention facility that was identified by the City Council as a community need in the City of Woodburn Storm Drainage Master Plan working document..." The Planning Commission concurs with the applicant's statement. e) Reinforcement of Public Investment. The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; FINDING: The applicant states"... the property will be used for a municipal facility that is part of the adopted master plan capital 60 .. .....---, .' improvement program..." The Planning Commission concurs with the applicant's statement. B. Woodburn Comprehensive Plan IX. Goals and Policies D. Annexation Goals and Policies 0-1. The goal is to guide the shape and geographic area of the City within the urban growth boundary so the City limits: A. Define a compact service area for the City; B. Reflect a cohesive land area that is all contained within the City; and C. Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban development. FINDING: The applicant is proposing to utilize the annexed portion of tax lot #4100 for a regional storm water detention facility as specified in the City of Woodburn's Storm Water Master Plan working document. The storm water detention area will support future growth within the City of Woodburn. 0-2. The goal is to clearly establish the intent of each proposed expansion of the City; to assess the proposal's conformance with the City's plans and facility capacity and to assess its impact on the community prior to deeming an annexation application complete. FINDING: The applicant is proposing to utilize the annexed portion of tax lot #4100 for a regional storm water detention facility as specified in the City of Woodburn's Storm Water Master Plan working document. The storm water detention area will support future growth within the City of Woodburn. 0-3. The goal is to achieve greater utilization of land within the City by: a. Incorporating all of the territory within the City limits that will be of benefit to the City into the City. 61 .. T" I' b. Providing the opportunity for the urban in-fill of vacant a nd under utilized property that i s currently unincorporated and surrounded by the City. c. Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development by incorporating all territory into the City limits that will be of benefit. FINDING: Annexation of the subject property is consistent with the above goals because the proposed regional storm water detention facility will help to accommodate future growth of the City of Woodburn. Zone Chanae 04-01: A. Woodburn Development Ordinance Section 5.104.04 Zoning Map Change; Owner Initiated Section 5.104.04.C Criteria. 1. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. FINDING: The applicant states the following: "...The city's storm water management goals call for the city to detain some storm water prior to discharge into the city storm drainage system. The area to the west of the proposed annexation is proposed for residential development which will generate storm water flows that must be detained prior to discharge in the city storm water system. There are designated wetlands in the area proposed for the zone change and there are also portions of the current storm water system in the property proposed for the zone change. The development of the storm water detention area will relieve the residential property from the requirement to construct storm water detention areas in the residentially zoned property. Since there will be no detention areas required as this residential property is developed, there will be no loss of area of property available for construction. 62 '" "'" , ". This property will best meet this need because of its location in the south quadrant of the city where additional storm water detention is required. The property is also adjacent to 2.33 acres of a city owned parcel that currently contains a water supply well. The portion of this property not utilized for the city water supply well will also become part of the storm water detention area. The combined city properties are an ideal detention area due the proximity to the existing open drainages systems that exists on this well site property and the property proposed for the zone change..." The applicant is proposing to a djust the property lines between tax lots #100, #4000 and #4100 to decrease the size of tax lots #100 and #4000 and increase the size of tax lot #4100. The applicant is proposing to annex the west portion of the enlarged tax lot #4100 into the City of Woodburn and change the zoning on this portion of the subject site from Marion County Urban Transition Farm (UTF) to City of Woodburn Single Family Residential (RS) Zoning District and Public and Semi-Public (P/SP) Zoning District so that a regional storm water detention facility can be constructed on the western portion of the enlarged tax lot #4100. An RS zoning designation is being proposed on the northwest comer and the southeast corner of the property to be annexed which is consistent with the Residential Less Than 12 Units Per Acre Comprehensive Plan designation on these areas of the subject site. A P/SP zoning designation is being proposed on the middle portion of the subject site which is consistent with the Open Space and Parks Comprehensive Plan map designation on the middle of the subject site. A storm water detention facility is a permitted use in the RS zone and the P/SP zone. Although the applicant is requesting to change the zoning on the subject property consistent with the Comprehensive Plan, it would be better from a planning perspective to apply the same zone to the entire property. This would avoid disjointed zoning of the property. This situation was created because the location of the Open Space and Parks Comprehensive Plan Map designation on the subject site is ambiguous because it does not follow a precise line. It is assumed that it follows the 1 OO-year flood line, although that is not clearly evident. Two small areas of the subject site, northwest and southeast corners, appear to have the Residential Less Than 12 units Per Acre Comprehensive Plan Map designation. It is preferable from a planning perspective to designate the entire site with a P/SP zone since only two small corners of the subject property appear to have the Residential Less Than 12 units Per Acre Comprehensive Plan Map 63 .. T' designation. Also, the P/SP zone designation and the proposed use of the property is consistent with the Residential Less Than 12 units Per Acre Comprehensive Plan Map designation and a storm water detention facility is an allowed use in both the RS and P/SP zones. As stated above by the applicant, the city of Woodburn storm water management goals call for the city to detain some storm water prior to discharge into the city storm drainage system. The area to the west of the proposed annexation is proposed for residential development which will generate storm water flows that must be detained prior to discharge in the city storm water system. There are designated wetlands in the area proposed for the zone change and there are also portions of the current storm water system in the property proposed for the zone change. The development of the storm water detention area will relieve the residential property to the west from the requirement to construct storm water detention areas in the residentially zoned property. Since there will be no detention areas required as this residential property is developed, there will be no loss of area 0 f property available for construction. 2. Evidence that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location, configuration, visibility and other significant attributes of the subject property. FINDING: The applicant states the following: "... This property will best meet this need because of its location in the south quadrant of the city where additional storm water detention is required. The property is also adjacent to 2.33 acres of a city owned parcel that currently contains a water supply well. The portion of this property not utilized for the city water supply well will also become part of the storm water detention area. The combined city properties are an ideal detention area due the proximity to the existing open drainage systems that exists on this well site property and the property proposed for the zone change.. ." The Planning Commission concurs with the applicant's statement. This approval criterion is met. 64 .. _. B. Woodburn Comprehensive Plan FINDING: Applicable goals and policies have been satisfied through the implementation of the Woodburn Development Ordinance and other applicable ordinances in affect at the time of approval. The designated land use for the property is Open Space and Parks on the Comprehensive Plan Map which is consistent with the proposed Public and Semi-Public zone designations. PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100): A. WOODBURN DEVELOPMENT ORDINANCE Section 2.102 Single Family Residential (RS) Section 2.102.01 Permitted Uses FINDING: Tax lot #4000 is currently vacant. Tax lot #4100 is the location of a 400 square foot well house for municipal water supply. The applicant is not proposing development on either lot at this time. Future development will be subject to this section of the WOO. A condition of approval is that the future development shall comply with FEMA requirements, City of Woodburn Ordinance regulating development within flood plain areas, and the City of Woodburn Storm Drainage Master Plan. This approval criterion is met. b. 2.102.06 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the RS zone. 1) Lot Standards. Lots in an RS zone shall comply with the standards of Table 2.1.1 and Table 2.1.2. (See Table on the next page.) 65 .. T' 1r TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT PUD's subject to Section 3.109 Use Type and Lot Location Minimu Minimum Avera Minimum m Lot Lot Width ge Lot Street Area Depth Frontage 1) Single Family Dwelling, Site Built; Group Home; Family Child Day Care; Manufactured Home, on a Lot; & Residential Sales Office 6000 sq. 60 ft. 100 ft. 50 ft. Interior Lot ft. a) For an interior lot. 80 ft. 100 ft. 50 ft. Corner Lot 8000 sq. ft. b) For a corner lot. 60 ft. at the 100 ft. Flaa lot: The Flaa Lot-'-* or Cui de sac front driveway Lot 6000 sq. setback access ft. line. easement or c) For either a flaa or cui strip of land de sac lot. per Section - 3.104.05. **Flaa lot dimension and area standards EXCLUDE Cui de sac lot: the driveway access, per 40 feet. Section 3.104.05. ***Within a subdivision, not more than one (1) flag lot 100 ft. shall be located behind another lot as shown in 100 ft. Figure 6.6. 10,000 sq.ft.. 50 ft. 2) Duplex Dwelling on a Corner Lot a) For a corner lot. 66 .. '1''' 1r TABLE 2.1.2 lot Standards for Non-Residential Uses in an RS Zone In an RS zone the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There shall be no minimum width or depth. FINDING: The applicant is proposing to decrease the size of tax lot #4000 from 15.28 acres to 13.28 acres and increase the size of tax lot #4100 from 2.33 to 4.33 acres. Tax lot #4000 is currently vacant and subject to the lot standards of Table 2.1.1. Tax lot #4000 will be 13.28 acres in area after the proposed property line adjustment with a minimum lot width of 512 feet and lot depth of over 600 feet which meets the 6,000 square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot depth requirements. Tax lot #4100 has a well house constructed on it, which is a non-residential use, so it is subject to the lot standards in Table 2.1.2. Table 2.1.2 requires that the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There is no minimum lot width or depth. Tax lot #4100 will be 4.33 acres in area after the proposed property line adjustment with a minimum lot width of over 150 feet and lot depth of over 1200 feet. The existing well house is set back 70 feet from the centerline of Settlemier Avenue which meets the 57 foot special setback required from the centerline of Settlemier Avenue. The well house is located 110 feet from the north (side) property line and 45 feet from the south (side) property line which exceeds the required 5 foot minimum side yard setback. The well house is located over 1000 feet from the adjusted west (rear) property line which meets the 24 foot minimum rear yard setback requirement. Thus, the proposed lot area of tax lot #4100 is adequate to contain the existing well house. No development on tax lots #4000 and #4100 are proposed at this time. The applicant has shown compliance with this approval criteria. Section 2.102.07 Development Standards All development in the RS zone shall comply with the applicable provisions of the WOO. The following standards specifically apply to uses in the RS zone. H. Property Disposition. All uses shall be established and conducted on lots of record, as defined by Section 1.102 and developed to the public facility and access standards of Sections 3.101,3.102 and 3.104. No more than one primary building shall be located on a lot. 67 .. 'W'" 'IF' 2. Alteration of the property lines of existing lots of record shall be subject to the applicable following standards and procedures: a. Property Line Adjustment, Section 5.101.07. FINDING: Tax lot #4000 and tax lot #4100 are separate lots of record. The applicant is proposing to alter the property line separating the two parcels in order to increase the size of tax lot #4100 to allow for the development of a future storm water detention facility. Compliance with Section 5.101.07 will be reviewed below. The proposal meets this criterion. Section 5.101.07 Property Line Adjustment; Consolidation of Lots c. Criteria. 1. The lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage shall comply with the standards of the WDO; FINDING: The lot area, width and depth of the adjusted tax lot #4000 have already been discussed in this report. The lot area, width, depth and building setbacks for tax lot #4100 have already been discussed in this report. Tax lot #4000 has 350 feet of frontage on Ben Brown Lane and tax lot #4100 has approximately 171 feet of frontage on Settlemier Avenue which meets the 50 foot minimum street frontage requirement. Tax lot #4000 is currently vacant so the building setbacks, vehicular access and lot coverage requirements do not apply to this lot at this time. The well house located on the enlarged tax lot #4100 covers .2% of the site which complies with the 40% maximum lot coverage requirement. A 26 foot wide minimum driveway access on Settlemier Avenue was a condition of approval of the well site on tax lot #4100. The applicant will be required to meet this requirement prior to final occupancy of the well site. All of the standards listed above have been met as discussed in this report. This approval criterion has been met. 2. The existing land use and development on the subject property shall comply with the requirements of prior land use actions; and 68 ~ .. "F" 1" FINDING: There are no prior land use actions on tax lot #4000. The Woodburn Planning Commission a pproved a 400 square foot well house on tax lot #4100 f or municipal water supply and a variance to the street standards on Settlemier Avenue on April 10, 2003. The well house has already been constructed. The well house project has not received final occupancy yet. The requirements of this previous land use approval will be met prior to final occupancy of the well house. 3. The buildings and structures abutting the adjusted property lines shall comply with state building code and fire code with respect to the current occupancy. FINDING: There are no buildings or structures on tax lot #4000. The well house located on tax lot #4100 will be located over 1000 feet from the adjusted west (rear) property line which far exceeds the 24 foot minimum rear yard setback requirement specified in the WDO. This approval criterion is met. 4. Property line adjustments shall be surveyed and monumented to the requirements set forth in ORS Chapters 92 and 209, and certified and recorded by the County Surveyor. FINDING: The applicant will be required to meet these requirements at the time of the preparation and recordation of the plat. PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000l : A. WOODBURN DEVELOPMENT ORDINANCE Section 2.102 Single Family Residential (RS) Section 2.102.01 Permitted Uses FINDING: Tax lots #100 and #4000 are currently vacant. The applicant is not proposing development on either lot at this time. Future development will be subject to this section of the WDO. A condition of approval is that the future development shall comply with FEMA requirements, City of Woodburn Ordinance regulating development within flood plain areas, and the City of Woodburn Storm Drainage Master Plan. This approval criterion is met. 69 .. ...., 1t' b. 2.102.06 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the RS zone. 1) Lot Standards. Lots in an RS zone shall comply with the standards of Table 2.1.1 and Table 2.1.2. (See table on the next page) 70 .. ,r', TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT PUD's subject to Section 3.109 Use Type and Lot Location Minimu Minimum Avera Minimum m Lot Lot Width ge Lot Street Area Depth Frontage 1) Single Family Dwelling, Site Built; Group Home; Family Child Day Care; Manufactured Home, on a Lot; & Residential Sales Office 6000 sq. 60 ft. 100 ft. 50 ft. Interior Lot ft. a) For an interior lot. 80 ft. 100 ft. 50 ft. Corner Lot 8000 sq. ft. b) For a corner lot. 60 ft. at the 100 ft. Flaa lot: The Flaa Lot**!*** or Cui de sac front driveway Lot 6000 sq. setback access ft. line. easement or c) For either a flaa or cui strip of land de sac lot. per Section - 3.104.05. **Flaa lot dimension and area standards EXCLUDE Cui de sac lot: the driveway access, per 40 feet. Section 3.104.05. ***Within a subdivision, not more than one (1) flag lot 100 ft. shall be located behind another lot as shown in 100 ft. Figure 6.6. 10,000 sq.ft.. 50 ft. 2) Duplex Dwelling on a Corner Lot a) For a corner lot. 71 .. or. 1r TABLE 2.1.2 Lot Standards for Non-Residential Uses in an RS Zone In an RS zone the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There shall be no minimum width or depth. FINDING: The applicant is proposing to decrease the size of tax lot #100 from 145.9 acres to approximately 144.9 acres and increase the size of tax lot #4000 from 8.41 acres to 9.41 acres. Tax lots #100 and #4000 are currently vacant and subject to the lot standards of Table 2.1.1. Tax lot #100 will be 144.9 acres in area after the proposed property line adjustment with a minimum lot width of approximately 300 feet and lot depth of over 2600 feet which meets the 6,000 square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot depth requirements. Tax lot #4000 will be increased in size form 15.28 acres to 16.28 acres in area after the proposed property line adjustment with a minimum lot width of 512 feet and lot depth of over 600 feet which meets the 6,000 square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot depth requirements. No development on tax lots #100 and #4000 are proposed at this time. The applicant has shown compliance with this approval criteria. Section 2.102.07 Development Standards All development in the RS zone shall comply with the applicable provisions of the WOO. The following standards specifically apply to uses in the RS zone. H. Property Disposition. All uses shall be established and conducted on lots of record, as defined by Section 1.102 and developed to the public facility and access standards of Sections 3.101,3.102 and 3.104. No more than one primary building shall be located on a lot. 2. Alteration of the property lines of existing lots of record shall be subject to the applicable following standards and procedures: a. Property Line Adjustment, Section 5.101.07. FINDING: Tax lot #100 and tax lot #4000 are separate lots of record. The applicant is proposing to alter the property line , separating the two parcels in order to increase the size of tax lot 72 .. .."'" #4000. Compliance with Section 5.101.07 will be reviewed below. The proposal meets this criterion. Section 5.101.07 Property Line Adjustment; Consolidation of lots c. Criteria. 1. The lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage shall comply with the standards of the WDO; FINDING: The lot area, width, and depth for tax lots #100 and #4000 have already been discussed in this report. Both parcels are currently vacant so setback, lot coverage, and vehicular access requirements do not apply at this time. Tax lot #100 has over 2000 feet of frontage on Parr Road, 60 feet of frontage on Smith Drive, 60 feet of frontage on Austin Avenue, 60 feet of frontage on De Santis Drive and over 1300 feet of frontage on Stubb Road which meets the 50 foot minimum street frontage requirement. Tax lot #4000 has 350 feet of frontage on Ben Brown Lane which meets the 50 foot minimum street frontage requirement. All of the standards listed above have been met as discussed in this report. This approval criterion has been met. 2. The existing land use and development on the subject property shall comply with the requirements of prior land use actions; and FINDING: There are no prior land use actions on tax lots #100 and #4000. 3. The buildings and structures abutting the adjusted property lines shall comply with state building code and fire code with respect to the current occupancy. FINDING: Tax lots #100 and #4000 are currently vacant. This approval criterion is met. 4. Property line adjustments shall be surveyed and monumented to the requirements set forth in ORS Chapters 92 and 209, and certified and recorded by the County Surveyor. 73 ~ 'W'''' 7' EXHIBIT "0" CONDITIONS OF APPROVAL ANNEXATION 04-01. ZONE CHANGE 04-01. PROPERTY LINE ADJUSTMENT 04-02 AND PROPERTY LINE ADJUSTMENT 04-03 : 1. The subject property shall be annexed into the City of Woodburn prior to recordation of the property line adjustments. 2. The zone change changes the zoning of the subject property from Marion County UTF to City of Woodburn P/SP as shown on Exhibit UBn. 3. The property line adjustment plat shall be in substantial conformance with the submitted property line adjustment plan provided as Exhibit "0" (date stamped June 16,2004), except as modified by the conditions of approval contained herein. 4. The applicant shall submit a copy of the survey and map indicating the adjusted property line to the City's Planning Division for approval prior to recordation with Marion County. Following recordation with Marion County, provide (2) two copies of the final plat to the City's Planning Division prior to the issuance of a building permit. 5. The property line adjustment shall comply with the surveying and monumenting requirements in ORS 209.250, and the survey shall be filed with the Marion County Surveyor a nd shall c ontain the notation that it is the result of Property Line Adjustments, Case File Nos. PLA 04-02 & PLA 04-03. 6. Future development shall comply with FEMA requirements, City of Woodburn Ordinance regulating development within flood plain areas, and the City of Woodburn Storm Drainage Master Plan. 7. The property owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to City approval of the final property line plat. 74 .. Y. , ~k\ ""~ ~, ~ \c:,~~"rrr :, ,_~ WQQDBURN 11,..,)rl'~I'al(" 18S,/ lie ~~ . . October 20, 2004 FROM: Mayor and City Council through City AdministratOf1~~/ D. Randall Westrick, Recreation and Parks Director{ Resolution of Support - Kroc Initiative Task Force TO: SUBJECT: RECOMMENDATION: Approve the attached Resolution of Support for Woodburn's Ray and Joan Kroc Corps Community Center Feasibility Application. BACKGROUND: At the October 11, 2004 meeting, the City Council heard a presentation on a Feasibility Application the Community Center Task Force has submitted proposing a Ray and Joan Kroc Corps Community Center in Woodburn. At that meeting, the City Council informally expressed support for the application and asked staff to prepare a resolution in support for City Council consideration at its October 25, 2004 meeting. DISCUSSION: Attached for the City Council's consideration is a resolution that expresses support for the Feasibility Application. The Community Center Task Force will deliver this resolution to the Kroc Initiative Task Force on October 28, 2004. FINANCIAL IMPACT: The Feasibility Application will require no funding from the City. However, a successful Feasibility Application will result in funds through The Salvation Army to continue planning and could result in funding for community center construction and operation. cc: Recreation and Parks Board Community Center Task Force Agenda Item Review: City Administrat City Attorney Finane 75 COUNCIL BILL NO RESOLUTION NO. A RESOLUTION ENDORSING A FEASIBILITY APPLICATION TO THE SALVATION ARMY TO CONSTRUCT A RAY AND JOAN KROC CORPS COMMUNITY CENTER IN WOODBURN. WHEREAS, the Mayor and City Council appointed the Community Center Task Force to study options to develop a new community center in Woodburn; and WHEREAS, the Task Force has worked diligently since the summer of 2003 to assess community need, design a building program, inventory potential project sites and devise a funding program; and WHEREAS, in September of 2003, the Task Force became aware of project development opportunities through The Salvation Army for a Ray and Joan Kroc Corps Community Center; and WHEREAS, on October 1, 2004 the Task Force submitted to the Cascade Division of The Salvation Army a Feasibility Application that proposes a Ray and Joan Kroc Corps Community Center for Woodburn; and WHEREAS, on October 28, 2004 a delegation from Woodburn will meet with The Salvation Army's Kroc Initiative Task to finalize the application with a 30-minute presentation; and WHEREAS, based on the Task Force's extensive study, the Feasibility Application proposes a building of approximately 40,000 square feet to be constructed at a location near Centennial Park, within Legion Park or within Settlemier Park near the Woodburn Memorial Aquatic Center; and WHEREAS, the Ray and Joan Kroc Corps Community Center and the land on which it is situated will be owned and operated by The Salvation Army; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn supports Woodburn's Feasibility Application and will make every effort to assist The Salvation Army in securing property that will result in a community center that meets community needs and will be compatible with efficient operation and administration. Page 1 - Council Bill No. Resolution No. 76 ~ .. T'" Approved as to form~.~ K) City Attorney I () ,. L Z - z.o 0 'f 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. Resolution No. 77 liD ~~ . . October 21, 2004 TO: FROM: Mayor and City Council through City Administrator Scott D. Russell, Chief of Police: ~ SUBJECT: Liquor License - New Outlet RECOMMENDATION: The Woodburn City Council recommend that the Oregon Liquor Control Commission approve a liquor license application for Billy 0 Deli & Pub, formerly the Courtyard Cafe, Inc. BACKGROUND: Applicant: Billy 0 Deli, LLC 2267 Country Club Rd. Woodburn, OR 97071 Owners/Managers: Kim D. Parsons 23055 SW Saunders Dr. Sherwood, OR 97140 Lily C. Olinger 14086 SW Eagleview Ln. Tigard, OR 97224 License Type: Limited on Premise Sales - Allows for the sale and service of malt beverages and wine for consumption on the licensed premises. On October 6, 2004, the Woodburn Police Department received an application requesting approval for a limited on-premise license for Billy 0 Deli & Pub, formerly known as the Courtyard Cafe. Kim Parsons and Lily Olinger have purchased the business and are applying for a liquor license. Agenda Item Review: City Administra or_ City Attorney _ Finane 78 .. 'W'"' W' Mayor and City Council October 21, 2004 Page 2 . . During the last 12 months, the Police Department has not responded to any incidents at the Courtyard Cafe. The restaurant will operate 6 days per week, between the hours of 10:00 AM and 10:00 PM. The entertainment will be recorded music, lottery machines, and pool tables. There will be no outdoor service of alcohol at this location. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. At present, the OLCC has not completed their investigation into the issuance of a license for this establishment. DISCUSSION: The police department has completed a limited background investigation on the applicant business and found nothing of a questionable nature. An in- depth investigation was completed on the owners and no offenses that would preclude a license being issued or items of a questionable nature were located. Under the criteria identified by the OLCC and adopted by the City Council, I find no reason not to recommend that Council recommend to OLCC approval of the application. FINANCIAL IMPACT: None. 79 ~ .. 'IF. " L/7- /0(./7 V I Q('T - 6 1C'''~ v I L"_',-,"T I L (7ti - \ '1 ~Or 8. . " . . . . . , . OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION PLEASE PRINT OR TYPE Application is being made for: LlC.ENSE TYPES FJJII On-Premises Sales ($402.60/yr) Commercial Establishment o Caterer o Passenger Carrier o Other Public Location o Private Club li:I Limited On-Premises Sales ($202.60/yr) o Off-Premises Sales ($100/yr) o with Fuel Pumps o Brewery Public House ($252.60) o Winery ($250/yr) o Other: Applying as: o Individuals 0 Limited 0 Corporation Partnership FOR CITY AND COUNTY USE ONLY The city councilor county commission: AglONS Change Ownership lilNew Outlet o Greater Privilege o Additional Privilege o Other (name of city or county) recommends that this license be: Granted 0 Denied 0 By: (signature) Name: (date) Title: Olce USE ONLY Application Ree'd by: litGmited Liability Company OL~ IO--OS"4Y( 90-day authority: 0 Yes 0 No Date: 1. Applj>fnt(s): [See SECTION 1 of the Guide] CD . {;1J / I r; 0 JJ f/ //1 }.LG <ID @I @ 2. Trade Name (dba): E / / / ~/ U h //' (, 1-t}.!.J 3. Business Location: c:::J. ~ ]v 'C1/tt.b /(e-.1J u)~d6U!./{ (number, street, rural route) (city) (county) (state) 4. Business Mailing Address: 7?-fjCjS "SW Sc~U S, tK ~): \ dl {\ I 6[( (PO box. number, street, rural route) (city) (state) ~/- ;2/,,(5 d"7tl;-lG~ /'L/ (ZIP code) /2 Yl \Y-O 7' 7D7" (ZIP code) 5. Business Numbers: ,J ,rr , , (phone) 6. Is the business at this location currently licensed by OLCC? (fax) 'es~ 7. If yes to whom: Type of License: 8. Former Business Name: 6(;~LY i?/T'I ~ #., "Z/lr-> 9. Will you have a manager? ~s ONo Name:;"', (\ -., "'\) .)n)~ '. J. ,;.... 1 (manager must fill out an individual history form) 10. What is the local governing body where your business is located? uJcxzi.lba /u 1 - / /7?/ j- ( ~ I) , ~, ~), ' (name of city or county) h 0 \\ " 6- I Lt::.. L- L- 11. Contact person for this application: ""11'--" i) \ I -{\\( S L.\"\ c> ':1)\- (j l.'5;>I \ 11 I Cj)")- lSO - t.c ~ =+ C (name), ' (phon: ~um?~r(s) 1 -, t- C< \ GC 6i /5, {c " '-, IS: .I\t. (address) (fax umber) (e-mail address) I understand that if my answers are not true and complete, the OlCC may deny my license application. Ap r ~n -s) ~ure(s) and Date: CD \~ ). VVtr~ 1 _ t~,@) Date @"./ e,r-;--- Dates"l2f/o.P'@ Date ~~~6b--452-0LCC (6522) www.olcc.state.or.us , . .' \./t-1,' ,t U-1\..._M J 80 ." 'It' ('-" , ~;~W~ ~"~"'l,,".rr~. .....4.. ~:JTI1trc~,~ WQ.Q.:QBl.L~N ~ ~llE ! .,.. ,) r t c' r fl t.,i I'" S .., . . October 25, 2004 FROM: Honorable Mayor and City Council through City Administrator John C. Brown, City Administrator....~ TO: SUBJECT: Letter to Marion County Commission RECOMMENDATION: It is recommended the City Council approve, and authorize the Mayor to sign, the attached letter to the Marion County Commission regarding the City's coordinated population projection. BACKGROUND: County staff recently contacted City staff to inquire whether the City Council has taken a formal action approving the population projection of 34,919 used in our periodic review and transportation planning projects. We are aware of no legal requirement for us to do so, as adoption of coordinated population projections is a County responsibility. DISCUSSION: Although it does not appear necessary for the Council to take any formal action approving the 34,919 population projection, Staff sees no harm in confirming for the Board of Commissioners that you are in agreement with and have approved the use of this number in our various long-range planning activities. The attached letter, which is presented for your consideration and approval, provides that confirmation. FINANCIAL IMPACT: None. Agenda Item Review: City Administrator _ City Attorney ,~ 81 .. 'F' 1r DRAFT WOODBURN ORE G 0 N Incorporated 1889 October 26, 2004 The Honorable Marion County Board of Commissioners 555 Court Street, NE Salem, OR 97309-5036 RE: Population Coordination Dear Chair Milne and Commissioners Carlson and Brentano: In September 2004 you received correspondence from the Woodburn City Administrator, asking you to take steps necessary to revise Woodburn's coordinated projection for 2020 to 34,919. He also provided you a chronology detailing coordination between Woodburn and county staff, related to Woodburn's periodic review work program and the population projections used to develop that work. The Woodburn City Council appreciates your favorable consideration of that material, and the public hearing scheduled for November 10,2004 to discuss this matter. As you know, the 34,919 projection was used in our periodic review planning and is based on estimates prepared by demography experts which take into account Woodburn's unique demographics and growth. The number was used with the approval of Marion County Planning Staff and the DLCD. County staff recently contacted us to inquire whether the Woodburn City Council had formally adopted the 34,919 projection. We are aware of no legal requirement for us to do so, as adoption of coordinated population projections is a County responsibility. For the record, however, the W oodbum City Council approves of the use of this number in our long-range planning activities and has discussed it in public meetings regarding periodic review and transportation system planning. This matter was discussed again at the Council's October 11, 2004 meeting, where the Council unanimously reiterated its approval of the number for planning purposes, and most recently at our October 25, 2004 meeting where the Council authorized me to send this letter. Office of the Mayor 270 Alontgomery Street. Woodburn, Oregon 97071 Ph 503-982-5228 . Fax 503-982-5243 .. DRAFT Honorable Board of Commissioners October 26, 2004 Page 2. Thank you for your favorable consideration of Woodburn's request to revise its coordinated population projection. Members of the Council and I look forward to discussing this matter with you further at your November 10, 2004 hearing. In the meanwhile, if you have any questions, or require additional information, please contact John C. Brown, City Administrator at 982-5228. Sincerely Kathryn Figley Mayor 83 .. ,.. , /-, ~~kL. .,... "-=~ -" ;-.:-T-'\ "" ..... ~!fn.".r~ WQ.Q.:Q.~utN 'ff,oryarattd 1~89 13A A~'~ . . October 25, 2004 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Mulder, Director of Community Development )'11. I I ! SUBJECT: Community Development Director's Approval of O",sign Review 04-14. 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 October 11, 2004, the Community Development Director approved the applicant's Design Review request for the installation of two doors and fabric awning on the north elevation of the existing building located at 689 North Front Street. The Community Development Director also approved the re-painting of the exterior of the building. The subject property, located at 689 North Front Street, is zoned Downtown Development and Conservation (DDC) and designated Commercial on the Woodburn Comprehensive Plan Map. The property to the east (across Front Street) is the location of the Southern Pacific Railroad mainline. The properties located to the north (across Harrison Street), west and south are also zoned DDC and designated Commercial on the Woodburn Comprehensive Plan Map. The property owner is Clarence Charles Sauvain. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Agenda Item Review: City Administrato ----=- City A Horney jV1.. Finan 84 ~ W" I W'