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Agenda - 09/13/1999o 10. 11. 270 Montgomery Street * * Woodburn, Oregon CALL TO ORDER AND FLAG SALUTE_ ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Public Hearing: ~ 27, 1999, 7:00 p.m. - Vacation of street right-of-way for 100 foot strip behind Columbia Drive. B. Public Heating: October 11, 1999, 7:00 p.m. - Comprehensive Plan amendment incorporating Parks and Recreation Update. C. Public Hearing continuation: October 11, 1999, 7:00 p.m. - SPR 99-05 - Stein Oil Co. PRESENTATIONS/PROCLAMATIONS- COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. C. Woodburn School District. . .......... 5D D. Livability Task Force ....................................... COMMUNICATIONS . r. }. i" 6. Latino Heritage Month - Ballet Folldorieo at Woodburn I-figh School .............. ,_~ - BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be ena~ed by one motion. Any item may be removed for discussion at the request of a Council member. · A~ B. C. D. Approve Council minutes of August 23, 1999 regular and executive meetings ....... 8A Review draft Planning Commission minutes of AUgust 26, 1999 .................. 8B Approve accounts payable check listing for the month of August 1999 ............. 8C Receive Building Activity Report for the month of August 1999 .................. 8D PUBLIC HEARINGS A. Informational hearing: Establishment of Reimbursement District for improvement 9A oftraffic ignal ' · Rd. s on Hwy 219 at Woodland Ave .... B. Informational heating: Establishment of Reimbursement District for Amey .... 9B widening, extension and storm drain improvements ........................ TABLED BUSINES_S GENERAL BUSINESS A. Council Bill 1988 - Ordinance amending Comprehensive Plan - adopting growth management and annexation goals and policies ........................ B. Council Bill 1989 - Resolution calling for a public hearing on annexation of llA Page 1 - Agenda, Woodburn City Council of September 13, 1999. 12. 13. 14. 15. 16. 17. 18. certain property located west of Boones Ferry Rd. and south of Country Club Rd ... 1 lB C. Council Bill 1990 - Resolution calling for a public hearing on annexation of certain property located on the north side of Aztec Drive and east of Hwy 99E ...... 1 lC D. Council Bill 1991 - Resolution entering into intergovernmental agreement amend- ment with Chemeketa Community College for participation in CCRLS ............ 11D E. Council Bill 1992 - Resolution establishing a reimbursement district for construction of a traffic signal located at Hwy 219 and Woodland Ave ............ 11E F. Council Bill 1993 - Resolution establishing a reimbursement district for llF Arney Road improvements ............................................. G. Council Bill 1994 - Resolution entering into grant agreement no. 17518 with the State of Oregon for federal funds to support public transportation ............. 11G H. Contract award: miscellaneous street resurfacing improvements ................. 11H I. Acceptance of utility easements .......................................... 1 lI J. Request from Woodbum Elks Lodge to block off parking spaces and permission to sell merchandise from a vehicle parked on public street .............. 11J K. Removal of tree located on King Way ..................................... 11K PUBLIC COMlVIENT NEW BusnqES S SITE PLAN ACTIONS A. Site Plan Keview 99-12 and Variance 99-08:399 Young Street; Bridgeway modular unit ............................................... 14A B. Site Plan Review 99-13: Administrative approval of a 2,190 sq. ii. addition to a warehouse located 2519 N. Front St ............................ 14B CITY ADMINISTRATOR'S REPORT A. Vision insurance coverage . .' ........................................... 15A MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION A. To consult with counsel concerning the legal rights & duties of a public body with regard to current litigation or litigation likely to be filed, under the authority of ORS 192.660(1)(h) B. To review the employment-related performance of the City Administrator, under the authority of ORS 192.660(1)0). C. To consider records that are exempt by law from public inspection, under the authority of ORS 192.660(1)(0 ADJOURNMENT Page 2 - Agenda, Woodburn City Council of September 13, 1999. t By: ".',~oodburn PuOlL,: ScnooZs; 503981 2728; Aug-31-99 1'31PM; WOODBURN SCHOOL DISTRICT SPECIA[. PROJECTS AND CENTRO MEXICANO DE OREGON INVITES YOU TO A SPECIAL PER.FOR_MANCE IN RECOGNITION OF LATINO HERITAGE MONTH COMPAIqlA DE DANZA REGIONAL DE PUEPLA BALLET FOLKLORICO DE PUEBLA MEXICO MARTES, 14 DE SEPTIEMBRE DE 1999 7:00 - 9:00 ~'M GIMNASIO DE LA ESCtJ~-Ln PR£~'A~,XOmA I WOOOBU~tN HEC..H SCHOOL 1795 N. F~tOST ST. WOODBUgn OR. Festejemos unidos "El Mes de la Herencia Latina" Este evento es totaimcnte GRATIS /This is a FREE Performance Patrocinado por el Centro M~xicano de Oregon en Portland y las Escuelas Ptiblicas dc Woodbu rn. Para mayor informaci6n puede llamar al (503) 981-9555 a las siguientes extensioncs; Sara 2411, Josd 2712 y Antonio 2726. ;ALLA NOS VEMOS! September 13, 1999 TO: FROM: SUBJECT: Mayor and City Council Nancy Kirksey and Pete McCallum, L!va/~ity Task Force Co-Chairs and John Brown, City Administrator~)~._~r/ Livability Task Force Status Update Recommendation: It is recommended the City Council receive and comment on a status update on the activities of the Livability Task Force. Back~round'.. In January 1999, the Mayor and City Council approved a "llvability" program to enhance the quality of life in Woodbum and established a Livability Task Force to assist with program design, development, and implementation. The Council's action was in response to the report provided as Attachment 1 to this report. In March 1999, Livability activities were initiated with the dedication of the Lillian Warzynsky Plaza and recognition of Woodburn's Neighborhood, and Home of the Year. In March and April, applications for Task Force membership were solicited, and in May a Task Force Steering Committee was appointed. Committee meetin~ began in June. Since then, the committee focussed on program mucmre, including developing policies, goals, a work plan, and organizing to deliver livability programs. Further appointments were made to the Task Force in August, to coincide with commencement of the implementation phase of the program. It is anticipated that a limited number of additional appointments will be made in the fi~ture, to bring the task force to a membership of eleven to thirteen members. As it is currently comprised, the memberahip of the Task Force includes: Mike Bergeron * Vickie Bellum ~/oAnn Bjeliand * Jane Christoff * Lisa Bllswonh Betty Guzaum Nane3r Kirkaey * Pete McCallum * * Steering Committee Discussion: The Task Force steering committee began by setting a mission statement which was guided by the principles set forth in the report accepted by the City Council in January, 1999. Mayor and City Council Septomber 13, 1999 Page 2. The Task Force has set as it's mission: "It is the mission of the LivabiHty Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and with ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force's further mission to create and promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits atwl diversity, and can share a strong and common sense of community." The group then sought to define Livability, as it pertains to Woodburn. The committee brainstormed items that represent or enhance livability. Those items were grouped in a master listing, according to common concepts and traits. The listing was used to direct the group's thinking and for establishing policy and goal statements. The master list developed by the steering committee is included as Attachment 2 to this report. The categories into which livability activities were grouped are summarized below: · Community Pride · Sense of Community · A~i~es and Events · Services · Translx~,.~on · lobs and F.~nomy · StmW. u'e~ · Education · Public Facilities A policy statement was developed for each category. These are as follows: Community Pride. Woodbum should reflect pride as a community through actions and activities that improve the physical appearance of the city. Such actions and activities should focus on pride of private property ownership and maintenance, and care for public spaces and fights-of-way. Sense of Community. Woodburn should develop a strong and positive sense of community, by celebrating the similarities and differences of its residents, by increasing communication between groups of all ages and backgrounds, and through respect for the traditions and viewpoints of each member of the community. A strong sense of community must also be developed through an appropriate mix of land uses. Mayor and City Council September 13, 1999 Page 3. Activities and Events. Woodbum should offer a full range of recreational, cultural, and entertainment activities to every age group and interest. The City should promote and capitalize on existing events and activities, and work with other agencies and community organizations to supplement those with new events and activities. Services. Woodburn should offer a full compliment of easily accessible commercial and public services. Woodburn's residents should not need to leave town for any of their consumer needs. Woodburn's public services must be delivered efficiently and cost effectively, to extend taxpayer's dollars as far as possible. Transportation. Traffic circulation in Woodburn should be improved, and waiting in traffic should be reduced by providing quicker access to the fi'eeway entrances, by improving the condition of city streets, and through the thoughtful placement of signage. Traffic circulation should also be improved by developing alternative modes of transportation such as bicycle paths, more sidewalks, public transit, and railway travel. Jobs and Economy. Woodbum should create a strong and varied economic base, by am'acting and retaining clean, responsible growth industry that offers a wide variety of employment opportunities. Environment. Woodburn's agencies, organizations, businesses and individuals should act in a manner that promotes cleaner air and water, that !reproves the physical appearance of the COmmunity, and that reduces no'~,' ~ . so, il; and 8ro...tmdwater pollution. Structures. Structures in Woodbum should be safe and attractive. Housing should be varied, and emphasize the quality and charaoter of our' community. Education. Woodbum schools should offer high quality and meaningful education that prepares students to reach their full potential to become p/oductive members of society. Education opportunities to compliment clean growth industry should be provided by the Woodbum Schools and Chemeketa College. Public Facilities. Woodbum should offer a fidl range of public facilities that will communicate the pride our community has for our living spaces. Public facilities should provide for the activities that are central to the recreational and social needs of aH ages and cultures, and emphasize the unique cultural heritage that we share as members of the Woodbum Community. The Task Force recommends these policies be recognized, embraced, and promoted by the City Council and City of Woodburn, other agencies and organizations, businesses, and individuals. Mayor and City Council September 13, 1999 Page 4. The group then evaluated each category and item on the list, to determine whether they were appropriate to Task Force involvement. The group decided a number of items should be undertaken by other groups due to formal areas of responsibility, legal constraints, or availability of resources. Consequently, while the Task Force has recommended policies associated with education, transportation, jobs and the economy, and the environment, it will limit its involvement in these areas by supporting agencies or programs with primary responsibility. In areas the steering committee felt it could have a direct impact, program goals were set. Each goal is stated as a vision for Woodburn, and will direct the task force's activities into the future. Task Force goals are as follows: · We envision a visually beautiful Woodburn, where all the community takes pride in property maintenance and its appearance. · We envision a safe community that is proud of is history and diversity. · We envision a community working together to create activities and events for all ages, groups, and cultures. · We envision a community with a full range of public, social, and private services, effectively and efficiently delivered. · We envision public facilities that will meet/serve the historical, cultural, and recreational needs of the community. To accompliah the~ goala, the Ta._~k Force will involve itself in prosram~:!projects, ,-and-~es aimed atimproving the ap. pearance of the co~.and info~ abouta strength~ed sense of community among Woodbum's residents. Attaohment 3 smnmagzes the items within each'goal area that the Task Force anticipates working on,.howthe item will be addressed (as a program, project, aotivity, educational oppor~_lnlty or through city code enforcement), and which it~as will be addressed in the next six months. The steeaing committee will updated the list periodically, as items are completed and as new needs are identified. The full Task Force will conduct program, project, and activity coordination and delivery, in conjunction with agencies, community groups, and volunteers. In addition to the ongoing recognition program for Neighborhood and Home of the Year that has already been established, the Task Force will be working on the following projects and activities fi.om fall of 1999 through the spring of 2000: · Fall Clean-up day · One celebration, as yet to be determined · Develop volunteer structure and resource base · Promote/establish a Saturday Market · Flower baskets along Highway 99 Mayor and City Council September 13, 1999 Page 5. · Code Enforcement - Assist Police Department with code revisions · Code Enforcement - Develop a community education program · Spring Clean-up day Conclusion: The Task Force Steering Committee spent the last several months organizing to conduct the charge it has received from the City Council. Now that goals have been set and projects have been selected the Task Force members are ready to carry out that charge. Our first project is a fall clean-up day, planned for October 23, 1999. The clean up will be held in conjunction with a Woodburn Downtown Association tree-planting beautification project and will focus volunteer efforts on cleaning up the downtown area. All properties in the City will be invited to participate in the clean up day, however, as part of a clean-up awareness campaign. The Mayor and City Counc'd's support and assistance will be needed to make that project a success, as it will be needed to support the ongoing activities of the Livability Task Force. NK,PM, IB/JB January 25, 1999 TO: FROM: SUBJECT: Mayor and City Council City Administrator Livabiltty ProEram Recommendation: It is recommended the City Council: 1. Initiate a "livability' program, to enhance the quality of life in Woodburn; 2. Approve a Livability task force to assist with program design, development, and implementation; and 3. Consider and select program components, as appropriate. Back. ground: As a newcomer I~,e had an opportunity to note changes that could make Woodburn a more livable community. In November 1998, I had a conversation re~arding my observations with then-Mayor Kirsey, and then-Mayor-elect Jennings. I found many of the opportunities I saw for improvement had been identliled, but had been deferred for lack of fundin~ or _~_dmtnistrative resources and Interest. Some programs had been imPlemented' .but.had.;gOne?by,.; ....~.,e WaYSide. At your r~cent iteO_'m buildtnE''~ ~ :':::':' ' "' and -goal setting session, the Mayor · and every member'of the.CounCil identified Uvability as an important priority for the future.:.:While it appears 'livability' has no one all- encompassing defin!tion~-several COmmon themes were repeated as Councilors discussed their own vision for-WOOdburn's future. Those. themes arc consistent with thc opportunities I noted. You desire a cleaner, more attractive community where there is pride in property ownership and maintenance. You desire a community where residents have a fuU range of commercial services available to them, and where ample opportunity exists within the City's boundaries for a full range of recreation, entertainment, and cultural activities for every age group and interest. You also desire a community where all residents can feel safe, will interact with each other, celebrate their unique traits and their diversity, and share a strong and common sense of community. You also identified improved traffic circulation, enhanced educational and employment opportunities, and affordable housing as important to improving the quality of life in Woodburn. Mayor and City Council January 25, 1999 Page 2. The Council determined it wants the residents of Woodburn to help it develop a vision of a more livable Woodburn, one that will be a great place to be for residents and visitors alike. I am charged with developing a community engagement implementation plan with Councilors Bjelland and Kilmurray, and will return to the Council in late February or early March for approval of that plan. In the meanwhile, the Mayor asked me to present, for your consideration, a livability program. Discussion: Opportunities for Improvement My conversation with the Mayors related to the appearance of some of Woodburn's neighborhoods, commercial areas, the downtown core, and transportation corridors. Problems discussed were: · Furniture, appliances, and other household goods in yards, which can be easily viewed from the street; · Inoperable vehicles parked on and adjacent to properties; · Weed growth in streets, curbs, and sidewalks; · Physical deterioration of buildings; · A need for paint:; · Lack of landscape and property maintenance; · Trash accumulated on properties and in fights of way, particularly in the downtown area. · A lack of sidewalks and paved streets around town, and sidewalks in need of repair, which make.pedestrian and vehicular travel less safe and creates an inconsistent and unfinished appearance; · A lack of street trees in some commercial and residential areas; · Overhead lines across Highway 99 Ii;; and · A proliferation of signs throughout thc community, which makes for a cluttered appearance and impairs sight distances for drivers. There are other needs to be met, to make Woodburn more livable. Although Woodburn has a population of nearly 17,000, it lacks a full range of commercial and personal services for its residents. Many residents find themselves traveling to Portland or Salem to shop, to dine, and for other services. Entertainment in Woodburn is limited, especially Mayor and City Council January 25, 1999 Page 3. family oriented entertainment, entertainment for young adults, and in the cultural arts. Although a limited number of seasonal events are held, Woodburn would benefit from a wider variety of activities such as festivals or historic recognition days to, create more entertainment, bring residents together, and promote tourism. Transportation and traffic circulation issues maintain a high ranking in your priorities for the future. There is a need to improve traffic circulation along the Highway 214 corridor, to make improvements to the existing I-5 interchange, and to expand the transportation system in South Woodburn. In addition, traffic circulation should be improved throughout town. Vehicle travel in the downtown area is made more difficult by parked cars, which reduce sight distance. Railroad crossings make for long waits and dangerous intersections when drivers fail to yield the right-of-way. Most streets are not bicycle friendly, and pedestrian travelers cannot always rely on the presence of sidewalks. Physical deterioration of a number of streets also makes travel difficult, · unpleasant, and hard on vehicles. Finally, patterns of traffic circulation, and the speed at which vehicles travel in residential areas are of concern to residents citywide. Beyond these basics there are other issues which, if addressed, would make W .oodburn a more.livable community,..;~ese inclUde * [2 -. '.,_5 :~ "- .;-, .':'~",';~': .'~'" .'..;.- ,' ~ ~' ,..< .. .' creating.an atmo~p.liere..where itli opportunities offering higher' wages,-amp!e :0Pen~ ~p~,'(m0re~ttonal space, more public areas in which to conSl-e~ate,'.;~er quality water, a · high-quality cducation,for'chtldren andadults,..and where.historic:and cultural resoUrces are cherished and'pre~ed.':'i ~" '~' ''~ "' In the past, citizens have turned to goverr~ment to solve these problems, and provide these services. Although government must play a key role in some of these areas, the City Council has determined to turn to the community for its assistance in both mating a vision for the future, and in developing and implementing programs that will bring about desirable changes. Task Force The Mayor has proposed a Livability task force, to help recommend policy direction to the Council, and to help design, develop, and implement programs to enhance the quality of life in Woodburn. He proposes to appoint former Mayor Nancy Kirsey to chair the Task Force, Mayor and City Council January 25, 1999 Page 4. and she proposes to appoint JoAnn Bjelland as her co-chair. The remainder of the task force should be large enough to be organized into a number of specialized subcommittees, and selected carefully to encompass a wide variety of viewpoints. I have discussed task force composition with Mrs.'s Kirksey and Bjelland. We propose you make selections that will foster a multi-talented, multi-disciplined group that can represent, reach, and recruit a wide variety of constituents, and who have the time, energy, and inclination to carry this work forward for the next two to three years. It is tempting to recommend representation from already existing boards and committees community groups and other governmental entities. It is recommend, instead, that you conduct and open recruitment for applications from those interested in serving on the task force. Program Components Without getting too far ahead of the citizen engagement and community visioning process it appears components of livability program can be implemented now, with assistance from the Livability task force. A program can be instituted to provide incentives for owners to improve the appearance of their properties. We need a volunteer recrui__tment and co- ordination program, Business attraction and recruitment shoUld be · instituted; recommendations-for additional.events and.activities ~ be · developed,,;as' Can~and reco_mmendations regard_ !ng~tmffic safety.i~d~in- town:circulatiOn~ · /~ 1. Property maintenance. I Propose a three-pronged approach. ProPerty · .'owners~and:neighborhoods :that improve andbeautify,theirpro~e,s. shoUld be fomallY ~~ for' their efforts."' ProPerty owners wao' don~ tend-to their properties should be encouraged to.do so through peer pressure.and stricter.code enforcement, in this regard, public.agencies should provide a positive example by assuring that their properties are clean and wen maintained. Property owners who can~ tend to their properties due to age or infirmity should be assisted with volunteer help. Volunteers should also be used for neighborhood and community wide clean up efforts, and for work to be done in public fight-of way. The task force should be charged with: · Creating and awards program and recommending awards incentives for individual homes, businesses, and neighborhoods that are effective, but inexpensive; · Recommending a viable a means of organizing the City into distinct neighborhoods, either through expansion of Mayor and City Council January 25, 1999 Page 5. neighborhood watch programs, establishing neighborhood organizations, or some other means of creating geographic boundaries that can be used to recognize clean-up and beautification efforts; Creating and maintaining a list of active volunteers, and recommending projects to employ those volunteers; and Reviewing and recommending any changes to Code enforcement guidelines needed to promote this program. In the past several years, the City of Woodburn has made progress towards upgrading the quality of its older housing stock, particularly in the downtown area, using Community Development Block Grant monies to fund revolving loans for housing rehabilitation. The City needs to continue to seek CDBG funds, as they are available, to continue this program. The City may also want to consider forming an urban renewal district, to provide funding to support programs to upgrade the appearance of, or recruit businesses into, the downtown. 2. Business Attraction and Retention. The Chamber of Commerce currently conducts this activity. The livability program's efforts in this regard should compliment the Chamber's. To the extent that there is not duplication of effort, the task force can: · DevelOp and.inventory of deSimble~" but un, or underre',PresentedbusineSses:~d"services; ' · identify':extsttng locations where s{lch business and services could be sited; · ' DevelOp a contacts, list,' for.Official use in.seeing to bring these businesses and services to Woodburn; Recommend incentives to the City Council that could be used to attract new'businesses and 'services; and · Work with the Chamber and the Woodburn Downtown Association to identify assistance the City or other responsible agencies can provide to strengthen and promote existing businesses. It should be noted that City staff has inquired of the State Office of Economic Development regarding grant opportunities to promote small business incubation. Should such funding become available, it will be recommended your Council implement a small business incubator program to promote business attraction and promotion. Mayor and City Council January 25, 1999 Page 6. 3. Events and Activities. Celebrations in Woodburn include the Mexican Fiesta in August, the Tulip Festival in March (technically outside of City limits), a Fourth of July celebration, and a Christmas tree-lighting ceremony. There are various music, lecture and film series promoted by the Library, and activities conducted by the Arts Council. Aside from organized school activities, these represent the only community wide events and activities currently available to Woodburn residents. There need to be more, to provide additional entertainment, to bring residents closer together, and to promote tourism. The task force can: · Brainstorm new events to showcase Woodburn's heritage, history, diversity and resources; · Identify groups and individuals who can develop such events; · Assist those groups and individuals in delivering new events and activities; and · Recommend appropriate levels of City involvement in the production of such events. 4. Tra_ ~c Safety and Circulation. While traffic engineering is the City's responsibility, the task force may assist in improving the livability of City streets by: · ..Identifying intersections that would be made more user-friendly by additional signage or lighting; · Listing and recommending priorities for local street maintenance and resurfacing; · Recommending restrictions to existing on-street parking in the downtown core; · Recommending restrictions to travel in other commercial areas and residential neighborhoods; and · Recommending locations for bike trails, pedestxia~ walkways, and protective measures such as crosswalks or caution signs; and These actions should be coordinated with the Public Works department. While these four areas of focus may be modified after consideration by the City Council and task force, they presently fall short of addressing all of the livability issues facing Woodburn. Nevertheless, they still represent a formidable start for the task force. Limiting the program's components to these areas, or less, will help to insure a more successful program. Other areas can be undertaken as the program progresses. In Mayor and City Council January 25, 1999 Page 7. addition, the Council will soon undertake a community visioning process, which may dramatically alter the list of issues to be tackled and the work the task force may be asked to address. With respect to community visioning, I suggest the Council include the task force members in recruiting the community to engage in the process. If you are agreeable, the implementation plan I develop with Councilors Bjelland and Kilmurray will include the task force in that process. Conclusion: This report was prepared to initiate Council discussion on a livability program, and offer some program areas you can implement if you agree they are important to address at the present time. If you would like additional information or analysis prior to taking any action on the recommendations included in this report, please let me know. JCB Nancy Kirk,sey JoAnn Bjelland Defining Livability in Woodburn (Master List) Community Pride (1) Cars parked in garages and on driveways Street furnishings Flower baskets Cleanliness Controlled signage Noise control No grass growing where it doesn't belong Educate the community regarding code. enforcement_ No graffiti No overhead lines Animal control More positive newspaper Preserving/understanding cultural heritage All ages involvement in community events/activities Improved historical character - citywide Positive community communications Thriving downtown business district Inviting business areas Government/service club/civic group/church coordination More and varied celebrations ,.__A_pp_r_o_p[i_ate_ ~.ix of land us_es ........................................... Activities and Events (3) Activities - recreation/night life Defining l.ivability in Woodburn ~Master List} Page Saturday market Movie theater More citywide events/community concerts/performing arts Cleanup Days Services (4) Bring important services to the City (e.g., YMCA, Boys and Girls Club) Volunteer service opportunities City and other public services - Code Enforcement, Police, Fire Department Rail stop to Portland and Salem Good roads Better freeway access Control[ed traffic More efficient traffic circulation Sidewalks and bike paths More transportation alternatives More jobs within the community Adequate mix of jobs Strong and varied economic base Clean industry High quality water Clean air Quality housing Design review Variety of housing Defining Livability in Woodburn (Master List) Page 2 EdUcation (9) Vocational training . Good schools j Public Facilities (1 O) Walking Paths Community Center Expanded museum Skate park Maintained parks and open space Wide variety of parks/playing fields Restaurants Defining LJvability in Woodburn (Master List) Page 3 Defining Livability in Wo°dburn Representative Items to be Addressed Items that will be addressed tbrougl~ the evaluation and enforcement of City ordinances. Items that will be addressed through educational efforts System of projects and activities intended to meet a public need Specific event (or series of events) held to meet the goals of an overall program Cod e Enforcement: Education: Progra m: Project: Activities: Sub-section of a project; actions taken to plan and execute a project Cars should be parked in garages and on driveways Street furnishings project (civic org) SPRING Flower baskets project (civic org, adopt a basket) Cleanliness Controlled signage Noise control No grass growing where it doesn't belong FALL Educate the community regarding code enforcement No graffiti ~, ~ , ! . ~:~ ~ · ; : ~,"~:~,: ':r ;:~ ~ ~' !~; ~ ............. ~-'.,-~---~--- ~'-':~ ...... '--~'~--'-~"~ Preserving/understanding cultural heritage All ages involvement in community events/activities Improved historical character- citywide Code Enforcement p~oject/program/ed Code Enforcement Code Enforcement Code Enforcement, project Code Enforcement, education Code Enforcement, project : ~:~!~ ~, ~:,"~'~'"'~"~.~---::~:.~.~,~ ~q~~L'~-~ program/ed projects program, projects, Code Enforcement Defining l~vabitity in Woodbum (Representative Items to be Addressed) Page Positive community communications education (public relations) Thriving downtown business district projects (partnership opportunity w/WDA) Government/service club/civic group/church coordination program FALL More and varied celebrations projects Activities and Events "Goal Statement: We envision a community working together to create activities and events for all groups, and cultures. Activities- recreation/night life projects SPRING FALL FALL Saturday market Movie theater More citywide events/community concerts/performing arts projects (partnership with others) projects projects Cleanup Days projects Bring important services to the City (e.g., YMCA, Boys and Girls Club) Attract businesses to town that provide services that currently do not exist projects program, projects Volunteer service opportunities program/projects City and other public services - strict and consistent Code Enforcement, Police, Fire Department Walking Paths city projects Community Center Expanded museum Skate park projects, education projects projects (partnership w/civic groups) Defining Livability tn Woodburn (Representative Items to be Addressed] Page 2 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. .0007 ROLL CALL. Mayor Jennings Present Councilor Bj ell and Present Councilor Chadwick Present (7:30 pm) Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor S ifuentez Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director G-oeckritz, Park & Recreation Director Westrick, Police Chief Null, Finance Director C. dllespie, Public Works Manager Rohman, City Recorder Tennant 0033 Mayor leonings stmed that Stein Oil had submitted a letter to the City waiving the 120- day rule in site Plan Review ~)9-05 and requesting an extension of the public hearing on this ease. Attorney Shields stated that the hearing had been publicized, therefore, it should be opened and then continued by the Council. Other, vise, the hearing would need to be re-noticed and published in the appropriate newspapers. 0030 A) Buildable Lands Committee: This meeting will be held on August 30, 1999, 7:00 pm, in the City Hall Council Chambers. B) Informational Public Hearing concerning the formation of a reimbursement district: This informational hearing will be held before the City Council on September 13, 1999, 7:00 pm, in the City Hall Council Chambers. C) Library Board Meetings: The Board meetings have been changed to the 2"d Wednesday of each month, 12:00 noon, in the Woodbum Public Library. D) Woodburn Public Library Hours: Effective September 13, 1999, the new hours are as follows: Monday through Thursday 10:00 am to 8:00 pm Friday and Saturday 10:00 am to 5:00 pm Sunday 10:00 am to 5:00 pm Page 1 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING E) "Music itt the Park" Series: This Library program will conclude with a program on Wednesday, August 25~h, 7:00 pm in Library Park, featuring the Oregon Trail Pitchpipers and the Sweet Adelines. 0096 APPOINTMENTS - LIVABILITY TASK FORCE. Mayor Jennings appointed the following individuals to the Livability Task Force: Vicki Bellum, Lisa Ellsworth, Betty Guzman, and William Kinman. FIGLEY/BJELLAND .... approve the appointments to the Livability Task Force. The motion passed unanimously. Mayor Jennings stated that he is still working on obtaining names of individuals who are interested in serving on the Water Master Plan committee and reside in Wards IV and VI. 0139 GRAND OPENING: NUEVO AMANECER, PHASE H. Mayor Jennings stated that he would not be able to attend this function, however, Council President Figley has agreed to attend and make a short speech on behalf of the City. He encouraged the Councilors to attend this event. 0175 · CONSENT AGENDA. A) Approval of Council meeting minutes of July 26, 1999, and the regular and executive i.. '::' ?' session minutes of August 9: 1999; '- ' .~'!: ' '~ B) Review of the Woodbum Library minutes of July 28, 1999 and draft minutes of August 11, 1999; C) Review of draft Planning Commission minutes of August 12, 1999; D) Review of draft Recreation and Park Board minutes of August 12, 1999; E) Approval of accounts payable cheek listing for July 1999; and F) Status report on the Goose Creek Storm Drain projeet. FIGLEY/PUGH... adopt the consent agenda as presented. The motion passed unanimously. 0192 COUNCIL BIIJ. 1983 - ORDINANCE PROVIDING FOR CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROCEDURF3. Council Bill 1983 was introduced by Councilor Figley. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1983 duly passed with the emergency clause. Page 2 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0230 COUNCIL BILL 1984 - RESOLUTION ENTERING INTO AN AGREEMENT WITH SALEM AREA TRANSIT DISTRICT TO SECURE FUNDS FOR 1999- 0253 2000 DIAL-A-RIDE OPERATING ASSISTANCE. Council Bill 1984 was introduced by Councilor Figley. 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 Jennings declared Council Bill 1984 duly passed. COUNCIL BILL 1985 - RESOLUTION DECLARING THE CITY OF WOODBURN'S GOOD FAITH EFFORTS TO AVOID YEAR 2000 FAILURES PURSUANT TO TI-IE PROVISIONS OF OREGON SENATE BILL 268. 0277 0298 Councilor Figley introduced Council Bill 1985. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1985 passed unanimously. Mayor Jennings declared the bill duly passed. COUNCIL B!I.1. 1986 - Ill*~.qOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN TI-IE CITY AND MARION COUNTI' CONCi*.RNING MALL 99 JUSTICE FACILITY. Council Bill 1986 was introduc~ by Councilor Figley. The bill was read by title only since there were no objections from the Council. On mil call vote for final passage, the bill passed unanimously. Mayor Jennlngs declared Council Bill 1986 duly passed.: ' COUNCIL BH.I. 1987 - RF~OLUTION ENTERING INTO A pROFESSIONAL SERVICES AGRR. EMI~'.NT WITH RLM CONSULTING SERVICES FOR BUll .DING INSPECTION SERVICES. Council Bill 1987 was introduced by Councilor Figley. Recorder Tennant read the bill by title only since there were no objections from the Council. Councilor Bjelland questioned as to why the agreement calls for a compensation increase from 60% to 70% of applicable building permit fees. Administrator Brown stated that one of the City's concerns is maintaining an adequate staffing level to effectively serve our community and enforce our city code requirements. The agreement also maintains the same hourly compensation rate of $40 which will cover costs for services that are outside of the scope of basic services. Currently, there is a high volume of building activity going on within the City and the staffing level needs to be maintained to keep up with the demand for inspection services. He reminded the Council that the City is required to spend 100% of the building permit fees collected on either thc actual inspection, plan check, or administrative activities that are related to that program. On roll call vote for final passage, thc bill passed unanimously. Mayor Jennings declared Council Bill 1987 duly passed. Page 3 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0430 STAFF REPORT: VACATION OF STREET RIGHT-OF-WAY (100 FOOT STRIP BEHIND COLUMBIA WAY. Administrator Brown briefly summarized his memorandum regarding the issue of the 100' strip of right-of-way originally dedicated to the City for Evergreen Drive. This right- of-way became a discussion item during the Montebello Subdivision site plan review. Meetings with the property owners and developer had been held previously but no corisensus had been reached as to how much, if any, of the property should be vacated. He stated that the staff is recommending that 50' of the right-of-way be retained by the City for bike paths, golf cart paths, and walking paths as identified in the City's Transportation Plan. The remaining 50' of right-of-way be vacated to abutting property owners with 30' to the property owners along Columbia Way and 20' to the developer of the Montebello subdivision (Capital Development). If the vacation of property is desired by the Council, staff will proceed to schedule a public hearing so that this matter can be finalized. Councilor Pugh thanked Councilor Figley and Mayor Jennings for their work in meeting with the residents on this issue. In his opinion, the 30150/20 foot split is an acceptable distribution of the property. Councilor Kilmurray and Bjelland also agreed with the staff recommendation. Mayor Jennings stated that this item is on the agenda for the purpose of giving staff guidance on how to proceed with this right-of-way issue..He reminded the aUdience that a public hearing will be scheduled and'testimony on this issue will be taken at that ~time. Since this vacation process is based on the Council's own initiative, staff will proceed with the vacation process. 0632 REQUF~qT FOR SOUND AMPLIFICATION PERMIT: FARMWORKER HOUSING DEVELOPMENT CORPORATION (FHDC). A request was submitted by FHDC for permission to use sound amplification equipment on Sunday, August 29, 1999, between the hours of 2:00 pm and 5:30 pm during their grand opening event of Nuevo Amanecer Phase II which is a 40-unit addition to their farmworkcr housing development. Staff recommended that the request be. approved. BJELLANDfKILMURRAY .... approve a sound amplification permit for FHDC on August 29, 1999, for the hours of :2:00 pm to 5:30 pm. The motion passed unanimously. 0645 REQUEST FOR SOUND AMPLIFICATION PERMIT: WOODBURN CROSSING SHOPPING CENTER. A request was submitted by Brice Investment Realty, Inc., for permission to use sound amplification equipment for the Woodbum Crossing Shopping Center's summer concert event scheduled for Wednesday, September 15th, from 5:00 pm to 7:00 pm. A Portland area blues/R&B group will be playing on stage in the courtyard of the shopping center and this event is free to the public. Staff recommended that the permit be approved. Page 4 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING FIGLEY/KILMURRAY... approve a sound amplification permit for Woodburn Crossing Shopping Center on Wednesday, September 15'h, from 5:00 pm to 7:00 pm.. The motion passed unanimously. 0675 REQUEST FOR SOUND AMPLIFICATION PERMIT: ST. LUKE'S CHURCH. A request for a sound amplification permit was submitted by Thomas Maravilla on behalf of St. Luke's Church for the purpose of conducting an outdoor religious service and other festive activities in conjunction with their celebration of 100 years as a parish. Staff recommended that the permit be approved. KILMURRAY/PUGIt... approve the sound amplification permit for St. Luke's Church on August 29, 1999 for the hours of 9:00 am to 3:00 pm. The motion passed unanimously. O684 REQUF-qT FOR SOUND AMPLIFICATION PERMIT: WOODBURN DOWNTOWN ASSOCIATION (WDA). A request for a sound amplification permit was submitted by Beverly Koutny on behalf of the WDA for an outdoor musical performance in Library Park on August 31't from 7:00 pm to 8:30 pm.. Staff recommended that the permit be approved. FIGI.ie.Y/PUGH... approve a sound amplification permit for Woodbum Downtown Association for Tuesday, August 31, 1999, from 7:00 pm to 8:30 pm. The motion Passed'. unanimously. 0701 CONTINUATION OF PUBLIC i:iF~AR1NG: COMPREHENSIVE PLAN ..GROWTH MANAGEMiZ~NT AND ANNEXATION GOALS AND POLICIES. Administrator Brown stated that the Council had previously directed staff to develop some annexation policies and draft policies and goals were submitted to the Planning Commission for their re'view and approval. The public hearing before the Council on this date relates to the amendment of the Comprehensive Plan with respect to including those policies and goals. He reminded the Council that this is only the policies portion of the process with the actual legislation as to how the policies will be delivered included in the Woodbum Zoning Ordinance amendment. Additionally, the recommendations of the Growth Management Task Force will be built into a further amendment of the Comprehensive Plan in respect to how the City addresses the amounts of land available that are necessary for residential, commercial, and industrial growth. These phases will be brought before the Council over the next several months. City Attorney Shields reminded the Mayor that this is a continuation of the public hearing from June 14, 1999. Mayor Jennings declared the continuation of the public hearing open at 7:27 p.m.. Them were no declarations made by the Mayor or Councilors. Community Development Director Goeckritz stated that the purpose of re-evaluating Page 5 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING growth policies is to manage growth within our community over the next 20 years. He reviewed the primary objectives which included 1) refocus the City's process, 2) establish goals and policies to control the rate of residential growth, 3) establish criteria on prioritizing land to be annexed, and 4) provide for orderly transition of rural land to urban uses. For the record, Mayor Jennings stated that Councilor Chadwick is now present at this meeting (7:28 p.m.). Director Goeckritz stated that there is currently approximately 444 acres of residential land that can be developed outside of the city limits but within the Urban Growth Boundary. This amount of acreage, coupled with vacant residential zoned land within the current city limits, could increase the population more than what is projected in the plan thereby creating other problems associated with infrastructure expansion and improvements and meeting other community needs. He stated that the draft document was developed based on participation from the Planning Commission and the Dept. of Land Conservation & Development. He brought to the Council's attention Annexation Policy D-l-1 which, based on the original Planning Commission recommendation, would allow for a 5 year inventory but the Commission then decided to remove the 5 year inventory and bring a list of criteria to be weighted as to whether a parcel of land should be annexed. He reminded the Council that what is before them is language providing for a 5-year inventory of land a.s originally recommended by the Commission. Additionally, there is language within the annexation policy that would provide for an exceptions process which would allow annexations that would be in excess of the 5-year invent°ry. He recommended that the Council adopt the draft policies and goals and direct staff to bring back an ordinance with findings. 1156 Councilor Figley stated that her biggest problem with the draft document is with the fixation on numbers relating to population and the number of years of inventory. She would like to see a mechanism in place that would allow for approval of additional development in parts of our City that are currently undergoing expansion in preference to additional development in other parts of the City that are stagnant. She stated that her concern stems from the fluctuation of growth over the years and the impact of having younger/larger families within our community. Director Goeckritz reminded the Council that the exceptions process does give the Council the ability to annex land outside of the 5 year inventory supply. He also stated that the policy needs to include a population number for which the City would like to provide service for over the next 20 years. Councilor Figley also questioned the definition of "compact" development. Director Goeckritz stated that the policies would give the developer an opportunity to provide compact units that may be in a Planned Unit Development involving lot sizes of approximately 3,500 to 4,000 square feet. Page 6 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING Councilor Pugh stated that he did not want the City to be crowded with 3,000 sq. ft. lots. In his reading of the document, he was left with a general interpretation that the document was patterned after what is correct in today's standards for larger cities such as Portland and Salem. He did not want to leave the public with the impression that the City is following with the practice of larger cities since Woodburn is still rural enough to enjoy a combination of lot sizes. Discussion was held regarding lot sizes and the need to maintain standard subdivision lot sizes versus Planned Unit Developments along with the trade-offs for open space. Director Goeckritz stated that the draft policies and goals do not include any specific lot sizes. Administrator Brown suggested that the word "compact" be replaced with the word "orderly" to promote growth in an orderly fashion so that the infrastructure is extended step by step rather than jumping around into the empty space currently within the City. Councilor Kilmurray referred to Annexation Policy D-6-6 and questioned if "special circumstances" needs to be defined. Director Goeckfitz stated that the language is very broad to give the Planning Commission and Council more latitude in determining if an exception should be granted. Discussion was held regarding the inclusion of the 5 year inventory of land whereas prior Council discussion moved toward establishing criteria and a weighted scale method. Director Goeckritz stated that it was 'staff's interpretation that.the coUncil ~d.n~tteel comfortable with the weighted criteria method Councilor Bjelland expressed his opinion that the concept was acceptable, however, the weighted criteria as proposed was not acceptable. It was the consensus of the Council that the weighted criteria method should be pursued with modifications from the 0dginal pwposal. Attorney Shields stated that the Planning staff has recommended that the Council go ahead with the amendments to the Comprehensive Plan with wording modifications as directed by Council. Yet to be drafted by the Planning staff is an amendment to the zoning ordinance which would implement the Comprehensive Plan. 1934 Mick DeSantis, 173 McLaughlin, stated that the Planning Commission did not have the 3 or 5 year inventory clause in their recommended approval and yet that language is included in the draft document before the Council. He feels that putting a specific year limit on inventory supply will be detrimental to the building industry and that a quality product is through competition. He also felt that the draft document is not conducive to livability within our community since the City is still small enough to where the services provided are limited due to our size. He stated that his issue with this document is that it is more focused on the items such as what does entitle a developer to pursue development of their property. He felt that, in all fairness, a system desired by Council and citizens of the community needs to be established and that system remains in place no matter who Page 7 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING comes in to apply for annexation and the exceptions process not be option available to any developer. In his opinion, the points given to the criteria that has been previously discussed by the City is not in the best interest of the community. For example, more points should be given to a greater lot size rather than a smaller lot size since people are moving to Woodburn for more space. He suggested that a point system be implemented but more time needs to be taken to determine the numbers that are assigned to each criteria. Mayor Jennings declared closed the public hearing at 8:14 p.m.. 2490 Councilor Figley stated that she would like to see the word "compact" replaced with the word "orderly" or the word deleted entirely. She also stated that she has a problem with the year inventory criteria. Additionally, the numerical criteria be should be deleted and in its place, establish some criteria that can be used in the decision making process such as location relative to existing service and ease of extension of service. Attorney Shields wanted to clarify for the record that this is the amendment to the Comprehensive Plan while the numerical criteria would be part of the zoning ordinance implementation which would be coming back to the Council. Councilor Bjelland suggested that in Annexation Policy D-l-l, the last two sentences be removed thereby eliminating the problem on land inventory. In its place, include language that would provide for examination of annexations by criteria to be established in the ~ning ordinance. Administrator Brown stated that staff will draft a revised document for Council review. PUGH/FIGLEY... direct Planning staff to bring back an ordinance with the appropriate changes. The motion passed unanimously. 2895 PUBLIC I-IIZ&RING: SITE PLAN REVIEW g99-05 {STEIN OIL COMPANY}. Mayor Jennings declared the public hearing open at 8:24 p.m.. FIGLEY/PUGH... per the request of the applicant, the hearing be continued to October 11, 1999. The motion passed unanimously. 2951 CITY ADMINISTRATOR'S REPORT. A) Zoning Ordinance Revisions: Administrator Brown stated that he had provided in the Council packet a time line and related work tasks to be completed for the purpose of amending the City's zoning ordinance. Staff is proposing that they complete a draft document which they will submit to the Council by December, and the Council can then refer it to the Planning Commission for their review and hearings process. Staff is also proposing that a Steering Committee be formed consisting of a Councilor, Planning Commission member, and an individual in the real estate or building trade. It would involve meetings on a weekly basis and he suggested that Council President Figley and Page 8 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING either the Chair or Vice-Chair of the Planning Commission be appointed to the Committee. No one in the real estate or building trade has been identified as of yet, however, he suggested that Dave Christoff be considered as the third member since he is currently serving as Chair of the City's Growth Management Committee. He also stated that staff will be proposing that a set of design standards be built into the zoning ordinance which would allow application of standards and/or criteria for all levels of construction. Mayor Jennings requested Council approval of the appointments to the Task Force to be comprised of Councilor Figley, Planning Commissioner Cox, and Dave Christoff. KILMURRAY/PUGH... approve the appointments made by Mayor Jennings with the understanding that if Mr. Christoff does not wish to be on the Committee that another individual will be asked to fill the third position. The motion passed unanimously,. Councilor Figley stated that she hoped to hear from the Councilors within the near future as to what they would like to see in the zoning ordinance. Councilor Bjelland expressed his opinion that the ordinance should be flexible enough to allow for different types of development that would not have burdensome minimums or maximums. Strong design criteria is a key element in providing flexibility to the City in either approval or denial of development proposals. B) Rapid Spanlnh Language Class for City Employees: Administrator~Brown.,stated .; -, that he is working with Chemeketa Community College to provide a rapid s~sh Class for City employees so that the City can provide better customer service to those wh~''~' speak Spanish as a primary language. The class will be held two days per week over a 10 week period and he is proposing that the City pick-up the tuition costs if the employees participate in the class on their spare time. At this time, approximately 15 employees are interested in taking the class and the opportunity is being extended to the Councilors. Mayor Jennings, Councilors Figley, Pugh, Kilmurray, and Chadwick stated that they were interested in attending the class. 9312 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray questioned if Public Works had any follow-up to the 45-mile speed limit on Boones Ferry Road. Public Works Manager Rohman stated that he has contacted the State and they are supposedly working on this issue. Councilor Bjelland stated that he had attended the inaugural for the Oregon Gardens was held last Saturday which included a concert by the Oregon Symphony. He expressed his opinion that the Oregon Gardens will facilitate this type of attraction. Additionally, there is an increase in the awareness of the wine growing industry surrounding area and the tremendous potential for tourist attractions. This, in combination with the recent developments within the City, it will make Woodburn a central focal point for the tourist Page 9 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING industry which can impact not only on local businesses but encouraging development of other parts of our City by taking advantage of this potential influx of tourists into the area. From a negative standpoint, it will also impact our transportation system. Councilor Chadwick stated that she was amazed as to how easy it was for her to get to the Woodburn Company Stores and it took considerably less time than she had expected to attend the grand opening celebration. Councilor Pugh stated that the Woodbum Company Stores grand opening was very well done and put together in a very professional manner. Councilor Pugh also expressed his dismay in seeing more junk signs on public property and he summarized the action taken last year by the Council to prohibit the display of these signs from being left on public property overnight with the exception being A- frames that relate to open houses or garage sales. Mayor Jennings stated that, according to the Police Chief, a citation can be issued but the police cannot pick the sign up. He stated that he has been picking up the illegal signs and putting them in City Hall where the owner can pick up their sign if they so wish. Councilor Pugh reminded the public that placement of signs on their own property is allowable whereas placing the sign on public property is illegal except under certain Administrator Brown stated that Chief Null has sent letters out to all of the various real estate agencies who have posted signs in the .public right-of-way for the .purpose of educating them on the City's ordinance. H0pefullY,'there will be voluntary compliance so that there will not be a need for more strict enforcement. Utilizing the media is the next best method to try to educate the public on the requirements of the ordinance. Councilor Pugh stated that he had receiveda call from a constituent a few days ago informing him that the constituent's a neighbor had'butchered an animal and there were about 12 people at that location all night long. He spoke with the Police Chief and told him that there is no ordinance prohibiting slaughtering within the City. He hoped to be able to work with the Councilors to update our ordinance which would accommodate all of our different cultures and yet make it a more livable situation. Councilor Kilmurray stated that she would be willing to assist him with this project since she has experienced similar situations in her neighborhood. 0640 EXECUTIVE SESSION. City Attorney Shields stated that he is waiving his right to an open hearing and declared a conflict of interest on the portion of the executive session that involves his performance evaluation since it could affect his compensation. FIGLEY/KILMURRAY... move into executive session per ORS 192.660(1)(h), ORS 192.660( 1 )(i), and ORS 192.660 (l)(f). The motion passed unanimously. The meeting adjourned to executive session at 8:50 p.m. and reconvened at 11' 17 p.m.. Page 10 - Council Meeting Minutes, August 23, 1999 COUNCIL MEETING MINUTES AUGUST 23, 1999 TAPE READING 0695 Mayor Jennings stated that no decisions were made in the executive session. PUGH/FIGLEY... evaluation of the City Attorney is complete with a measuring system that finds that performance consistently meets and frequently exceeds job requirements, and authorize a monetary increase of 6% at contract renewal date. The motion passed unanimously. 0725 ADJOURNMENT. PUGH/KILMURRAY .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 11:20 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I ! - Council Meeting Minutes, August 23, 1999 Executive Session COUNCIL MEETING MINUTES August 23, 1999 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 23, 1999. CONVENED. The Council met in executive session at 9:00 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Absent Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown (9:00 pm to 9:55 pm), City Attorney Shields (9:00 pm to 9:55 pm then he returned at 10:24 pm), Park & Recreation Director Westrick (9:00 pm to 9:12 pm), Recorder Tennant Councilor Pugh declared a potential conflict of interest on a litigation item to be discussed and left the room at 9:18 pm. The discussion on this item concluded at 9:25 pm and Councilor Pugh returned to the executive session. The executive session was held under the following statutory authority: 1) ORS 192.660(1)(h) 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. 2) ORS 192.660(1)(0 to consider records that are exempt by law from public inspection; and 3) ORS 192.660(1)(i) to review'the employment related performance of the City Attorney. ADJOURNMENT. The executive session adjourned at 11:15 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page I - Executive Session, Council Meeting Minutes, August 23, 1999 WOODBURN PLANNING COMMISSION August 26, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Will P Commissioner Lawson A Commissioner Lima P Commissioner Mill A Commissioner Bandelow P Commissioner Lonergan P Commissioner Heer P Staff Present: Steve Goeckritz, Community Development Director Jim Mulder, Senior Planner Staff informed the Commission that today is Commissioner Mill's birthday and therefore he will not be attending tonight's meeting. MINUTES Chairperson Young commented that the introduction of Commissioner Heer was not included in the minutes. Staff will incorporate this into the minutes. Vice Chairperson Cox moved to approve the August 12, 1999 minutes subject to the correction mentioned by Chairperson Young. Commissioner Will seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING None Planning Commission Meeting - August 26, 1999 Page '1 of 8 FINAL ORDER A. Site Plan Review 98-'13, Variance 99-08, 399 Young Street, Bridgeway Modular Staff explained that instead of incorporating the actual comments as they were interpreted on different sheets by the various persons that reviewed the application we now run a format where we try to get everything in numerical sequence. Vice Chairperson Cox remarked he really approves of the new format. He realizes it is a little more work but we wind up with a lot more understandable orders and we avoid the problem where other agencies and departments are making comments without realizing that those are going to be incorporated directly into the final order. Commissioner Will moved to approve Site Plan Review 98-12 and Variance 99-08. Commissioner Bandelow seconded the motion. Motion unanimously carried. DISCUSSION ITEMS A.~. Site Plan Review 99-13, Administrative approval of a 2,190 sq. ft. addition to an existing warehouse located at 25'19 N. Front 'Street. Chairperson Young commented the applicant must need the space very badly to agree to the conditions. Staff stated he has not heard from the applicant which causes him to wonder if he actually got a copy of the staff report or not but he will follow up on this in the morning. Chairperson Young said he is familiar with the property. Staff explained there are three gates on the property along Front Street, one pdmary gate that appears to be left open dudng the day and the other two gates are closed. He further reported the primary driveway approach will be improved. Chairperson Young inquired whether the hedge will be something similar to arborvitae? Staff replied it would be something with a similar effect. Chairperson Young asked if this is the only landscaping along the fence? Staff responded there will be trees up front. Chairperson Young expressed his concerns with trees blocking traffic site since the type of traffic on Front Street often is very fast with a lot of truck traffic. He questioned if the trees would be set back to where the fence is located or would they be out closer to the street? Planning Commission Meeting - August 26, 1999 Page 2 of 8 Staff mentioned they can certainly look at that and not put them in a location where it would cause site visibility problems. Chairperson Young reiterated that it really is a dangerous area. There is a sign indicating what the speed limit is but it is virtually ignored by all traffic. He added with him being in that neighborhood and being a safety person, he has a lot of concerns about adding any site visibility that would be of any site barriers that would limit the visibility in that area. Staff stated they will certainly take that into consideration when they review their landscaping plan. Commissioner Lonergan referred to the last paragraph of Page 4, Section G, and stated the words should be placed.., could be interpreted as subjective i.e. maybe we'll do it, maybe we won't. Staff reported that there is a condition of approval that requires this. Commissioner Lonergan added he does not interpret should be as a condition. Vice Chairperson Cox suggested the use of the word must instead of should. Staff clarified the word should was carded over as a shall in the conditions of approval. Chairperson Young pointed out the facility has changed dramatically over the last three years with different people occupying the facility which may have left materials behind as they changed and moved things around. He stated there could be some concerns there. Commissioner Will related he visited the ~ite and noticed some fiat bed trailers with some materials stored in them and there are also some mobile homes stored. Staff said he did not notice any mobile homes at the back but there are some mobile offices towards the front. Chairperson Young informed the Commission there are two different businesses in the area and they do installation of interiors for mobile homes. He added the homes are stored for some periods of time but he does not know what the time period is. Commissioner Will referred to the bottom of Page I of the Staff Report and questioned what method was used to arrive to that conclusion? (Reference was made to the statement: No topographical or environmental constraints have been identified on the subject property) Staff replied review of City documents and a visual site visit. Planning Commission Meeting - August 26, I999 Page 3 of 8 Commissioner Will questioned whether Staff reviewed the manifest or bill of laden from previous owners as far as hazardous materials? Staff clarified he was talking about natural environmental not related to hazardous materials. He added he did not do any type of assessment whether there are hazardous materials on the site. Commissioner Will inquired what storm drain facilities are there now that they can tap into? Staff responded as far as he knows there are no storm drains in that area. He added there is a ditch that runs along Front Street and it's piped part of the way along the frontage and other parts it is just an open ditch. Commissioner Will asked if paving in this area will be required later on when Front Street is improved and is there a time specific date when it would be required? Staff stated paving of the site would be tied to any substantial improvement on the property or change of use which would trigger a full improvement of the property. He added it would be quite a burden to expect the applicant to do full improvements on the site because it is such a large site. Commissioner Will suggested to delay the landscaping until Front Street is improved so that it can be done all at once to save the applicant the expense of puffing it in, tearing it out and redoing it. Staff explained the landscaping would be located so it would be out of the way of ultimate right-of-way improvements. Commissioner Will questioned whether it would be a problem to delay the landscaping until Front Street is improved? Staff replied it could be. He explained Staff was trying to get the applicant to incrementally improve the esthetics of that site without being to burdensome on them. Chairperson Young interjected to state the plan is to widen Front Street to their property line and has been delayed for two years by the company that has the contract to do it. Commissioner Lonergan asked what is the exact hold up on that? Chairperson Young responded because the guy wire that goes from the railroad is actually placed in the railroad property and will not give permission to North Santiam to take it down and move the guy wire for the telephone pole that sits fight there at the property. Commissioner Lonergan inquired if the City can't force this? Planning Commission Meeting - August 26, 1999 Page 4 of 8 Staff replied the Commission would have to ask the Public Works Director. Vice Chairperson Cox asked Staff what can the Commission do to move this forward? Staff will address this question with the disposition and the history of this case. Planning Commission meeting. Public Works Director and find out what the Staff will bring back information for the next Vice Chairperson Cox commented that although in hindsight the Commission agreed that the word should would work better as shall, it really isn't before the Commission to adopt conditions. It is to approve or ask if we do or if we don't, then ask for a full scale public hearing if we don't like what has been done. He asked if Staff can and will enforce it as a should and interpret it as if it were a shall. Staff clarified it is shall in the conditions of approval. Vice Chairperson Cox moved to concur with Site Plan Review 99-13 approved by the Staff and not ask for a public hearing on it. Commissioner Lima seconded the motion, which carried. B__=. Memo from Dave Christoffand Teresa Enaeldinger regarding Buildable Lands and Urbanization Project. Staff reminded the Commission that there is a Buildable Lands Committee that have been working on general policies and goals as to what they perceive the community should do about land use in the next 20 years. Staff invited the Commission to a public hearing/workshop to be held by the Committee, Monday, August 30~ at 7:00 p.m. in the Council Chambers. He reported Staff and the Consultants that put this package together will make presentations and the hearing will be opened for comments from the public. Staff added the objective of this process is first to lay out a foundation that identifies everything about our community and secondly starts to provide some direction of where we are going in the next 20 years. He further commented this is the first step of several steps that have to take place before we can get a finalized comprehensive plan, finalized and renovated zoning ordinance and other implementing ordinances. This product will be before the Commission some time in the future as information and discussion. The Buildable Lands Committee will provide their recommendations to the Commission and in turn the Commission will make recommendations to the City Council with City Council making the final determination. Chairperson Young commented the documents contain good information as far as the profile. Planning Commission Meeting - August 26, 1999 Page 5 of 8 C. Signs S-~aff reminded the Commission he would appreciate their written comments that were requested a few weeks ago. Vice Chairperson Cox remarked he was all set to apologize at the last meeting because Staff had asked that the comments be ready by the time of the last meeting but he thought he heard someone say that the sign ordinance issues had been put on back burner and the Commission did not need to worry about. Staff said they had been put on the back burner but he still would like their written comments so he does not have to ask for them a couple of months down the road when he starts putting the package together. Commissioner Bandelow wondered what Staff wants them to turn in? Staff replied that the Commission write down questions or concerns they have regarding the sign ordinance amendments proposed by Staff. Vice Chairperson Cox inquired whether a brief explanation of the things he thinks the sign ordinance should cover in this town and what he thinks some of the problems are with the sign situation at this time would be helpful to Staff? Staff replied affirmatively. Vice Chairperson Cox added he does not want to be the drafter of the ordinance because it is really a tough job. Staff stated he is looking for the Commission's basic feelings about signs and what they feel about certain rules and regulations that address signs. Commissioner Will asked were we stand in terms of moving signs? Staff could not respond. He said he has to see what the determination was by the court. REPORTS A. Information re~ardinq Clackamas County Concurrency Project. M--atedal was provided for informational purposes. Staff stated he contacted the County and they reported that this is something they are just starting and really do not know where it is going to go. Vice Chairperson Cox stated if the circumstances under which we can declare a moratorium are substantially different now than they were before, the Commission needs to know that. He questioned if the rules have changed in regards to moratoriums? Planning Commission Meeting - August 26, 1999 Pa~e 6 of 8 Staff will try to obtain an answer to this question. BUSINESS FROM THE COMMISSION Commissioner Bandelow inquired whether anyone has heard anything about an initiative proposal for Woodburn that any annexations would have to be approved by the public? Chairperson Young commented Salem is presently working on this issue. Staff interjected he hoped this would not occur in Woodburn. This is the reason why the City Council is moving towards the Growth Management Annexation Program because the Council feels they want to be able to control where growth happens. Staff believes 86-87% of those annexations that come up for vote are passed. Vice Chairperson Cox remarked it sounds undemocratic to say that we do not want the people to have a vote on that. He is concerned that there are supposed to be standards by which annexations are measured something other than who runs the best political campaign. Commissioner Bandelow mentioned the longer it takes before something like this comes up in Woodburn the more statistics you have to show the potential harm that comes by trying to get a vote on every single one. She added it will be interesting to see what the percentages that are passed compared to the percentages that the City's have approved are. Commissioner Lima requested an update regarding the portable toilet situation. Chairperson Young stated a letter is being drafted and will be given to the Commission shortly. Staff mentioned it will be signed by the Mayor. Commissioner Heer requested an explanation to the portable toilet situation. Vice Chairperson Cox questioned why were there two City wide mailings being delivered the same day under separate envelopes and postage? He stated he had a few people ask him what the Parks Comprehensive Plan Amendment is all about. Vice Chairperson Cox commented the notices were causing more confusion than they were enlightening. Staff replied one mailing went to the occupant regarding Buildable Lands and the other had to go, by law, to the property owner regarding parks. He stated the Planning Department had a lot of calls and walk-ins with questions. Staff explained Ballot Measure 56 and State law calls for them to put that type of language found in the notice. Staff added some of those things are very aggravating and therefore made sure there were quotes around it to show that it did not come from City Staff. Planning Commission Meeting - August 26, 1999 Page 7 of 8 Commissioner Will inquired about the Salud Building and Boones Crossing. Staff responded he has not been involved in discussion concerning the Salud Building and there is ongoing executive discussion on the issue. He believed action is being taken but he suggested he call the City Administrator for a progress report. Staff reported Boones Crossing had difficulties with the survey and the legal description. He explained it ended up going to the Department of Revenue about three different times until the surveyors got it right and made it actually close correctly. The conditions have been reviewed again to make sure they are concise so it may be put into Ordinance form for the Council. Staff reminded the Commission that there are development pods regarding the commercial and multi-family areas that are required to come back to the Commission for site plan review to make sure it complies with what the spirit and intent of the conditions of approval. ADJOURNMENT Vice Chairperson Cox moved to adjourn the meeting. motion. Motion unanimously carried. Commissioner Will seconded the Meeting adjourned at 7:45 p.m. Planning Commission Meeting - August 26, 1999 Page 8 of 8 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 CHECK NO 47007 47008 47009 47010 47011 47012 47013 47014 47015 47016 47017 47018 47019 47020 47021 47022 47O23 47024 47025 47026 47027 47028 47029 47030 DEPARTMENT POSTAGE-VARIOUS EXPENSES-PARKS SUPPLIES-MAYOR SERVICES-PARKS SERVICES-PARKS SERVICES-POLICE SERVICES-WATER VOID VOID VOID SERVICES-STREET SERVICES-WVVTP SERVICES-POLICE SERVICES-POLICE REFUND-PARKS SERVICES-POLICE SERVICES-POLICE SERVICES-ENG SERVICES-PARKS REIMBURSE-WWTP SERVlCES-WWTP SUPPLIES-STREET SERVICES-VARIOUS SUPPMES-F-.NG VENDOR NAME US POSTAL SERVICE RICH SANKER MTN VIEW GRAPHICS GILBERT HOUSE WILSONVILLE LANES MID WILL CH ALZHEIMERS VALLEY MAILING VOID VOID VOID RABE AUTO UPHOLSTERY MICHIGAN STATE UNIV US WEST SECURITY DEPT ST OF OR CORP DIV JANICE BECK 1999 LEDS WORKSHOP OR DEPT OF JUSTICE AEROTEK INC AIR TOUCH PAGING LARRY ARENDT ARAMARK UNIFORM ASHLAND BROS INC AT&T BI-MART CORP VENDOR DATE AMOUNT NO 020089 8/2/99 $1,200.00 018176 8/4/99 $202.00 012625 8/4/99 $180.00 NONE 8/4/99 $212.50 NONE 8/4199 $114.00 NONE 8/4/99 $10.00 021044 8/5/99 $576.00 $0.00 $0.00 $0.00 NONE 8/6/99 $275.00 NONE 8/6/99 $150.00 NONE 8/6/99 $1.80 NONE 8/6/99 $20.00 NONE 8/6/99 $75.00 NONE 8/6/99 $95.00 NONE 8/6/99 $200.00 000080 8/6/99 $165.00 000115 8~6~99 $19.14 000497 8/6/99 $48.90 000534 8/6/99 $190.46 000545 8/6/99 $817.00 000623 8/6/99 $39.81 001275 8/6/99 $41.31 47031 REIMBURSE~.ADMIN JOHN BROWN 001490 8/6/99 $20.00 4703; ;~ 8ERVI~~NING ROGER B~..U~)KE 001580 :~ $2,160.00 47037 ::.:~' ' '_~,E :::: ~i. EUG~:~!LTON- 004425 ~ $175.20 -47038 :.:!:6~~:~;!i' :. ?FR .ONTI. ERINDUSTRIAL 005362 $340.00 470591 ~$~~~ ? IDE~,O<'DIS'T':.O3RP 008015 ~99 $t,023.41 47040 '$uPPUEs~ET INDUSTRIAL SUPPLY CO 008090 8/6/99 $77.90 47041 47042 47043 47044 47045 47O46 47047 47048 47049 47050 47051 47052 47053 47054 47055 SUPPLIES-$T/WWTP SERVICES-FINANCE SERVICES-C STORES SERVlCES-ADMIN SERVICES-STREET SERVICES-POLICE SUPPLIES-POLICE SERVICES-WATER DISPATCH-POLICE SUPPLIES-WWTP SERVICES-PARKS SERVICES-VARIOUS SERVlCES-ENG SERVICES-NON DEPT SERVICES-PARKS INDUSTRIAL WELDING IKON TECH SOLUTIONS IKON OFFICE SOLUTIONS JB ENTERPRISES KITTELSON & ASSOC LEGACY LAB SERV LIGHTNING POWDER LINDS MARKET NORCOM NORTHSTAR CHEMICAL NW ELEVATOR CO NW NATURAL GAS ONSlTE ENVIRON OR DEPT OF ADMIN OR DEPT OF CONSUMER 008100 8/6/99 $45.14 008117 8/6/99 $4,500.00 008119 8~99 $461.84 009090 8/6/99 $1,572.50 010093 8/6199 $12,170.28 011188 8/6/99 $33.00 011230 8/6/99 $416.55 011240 816/99 $30.00 013198 8/6/99 $20,681.25 013235 8/6/99 $145.00 013275 8/6/99 $300.00 013350 8/6/99 $740.07 014055 8~6~99 $753.00 014198 8/6/99 $2,000.00 014201 8~6~99 $108.16 Page 1 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 47056 47057 47058 47059 47060 47061 47062 47063 47064 47065 47066 47067 47068 47069 47070 47071 47072 47O73 47074 47075 47076 47077 47078 47079 47080 47081 47082 SERVICES-POLICE SERVICES-LIBRARY SERVICES-POLICE SERVICES-VARIOUS SERVlCES-WWTP SERVICES-ADMN SERVICES-POLICE SERVICES-WATER SERVICES-BUILDING SUPPLIES-POLICE SUPPLIES-STREET SERVICES-LIBRARY SERVICES-POLICE SERVICES-LIBRARY REIMBURSE-POLICE SUPPLIES-STREET SUPPLIES-WATER SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WATER SUPPLIES-BUILD SERVICES-WATER VOID VOID VOID SUPPEES-POLICE SUPPEES-MAYOR OR DEPT OF MTR VEHICLE PACIFIC PURE BOTTLED LAWRENCE PARADIS PORT GENERAL ELEC PRAXAIR DIST PROFESSIONAL VIDEO R & M VEHICLE CLEANING RADIX CORP RLM CONSULTING ROTHS IGA SAFFRON SUPPLY SALLYS RESTAURANT SHOOTERS MERCANTILE STATESMAN JOURNAL THOMAS TENNANT UNOCAL:ERNIE GRAHAM UNITED PIPE & SUPPLY US WEST COMM WALMART STORES WINDSOR ROCK YES GRAPHICS VALLEY MAILING VOID VOID VOID OM2 MULTIMEDIA MACLAREN CANTEEN 47083 SERVICES4=OUCE TACTICAL TECHNOLOGIES 47084 .,. :$ ..F~ ~CES-POMCE TH~s & MEANS 47087. SERV!OE .S-P~($ ; ACE~EPTIC 47088 SERVlCEG~NG' ' AERoTEK INC 47089 .SUPPMES-WWTP ALL PURE CHEMICAL 4709O SERVICES-WWTP 47091 SERVlCES-WWI~ 47092 SERVICES-VARIOUS 47093 SERVICES-VARIOUS 47094 SUPPLIES-POLICE 47095 SUPPLIES-PARKS 47096 suPPLIES-WATER 47097 SERVICES-WWTP 47098 SERVICES-WWTP 47099 SUPPLIES-STREET 47100 SERVICES-PLAN 47101 SUPPLIES-WVVTP 47102 SUPPLIES-FINANCE 47103 SERVICES- PUB WKS 47104 SERVICES-VVWTP 47105 SERVICES-VVVVTP 47106 V O I D A-QUAMTY TYPEWR~ ARAMARK UNIFORM ARCH PAGING AT&T BADGE-A-MINIT BIMART CORP BROOKS PRODUCTS BROWN & CALDWELL CARLSON TESTING CLACKAMAS LOCK COMM PLANNING SERV CRONATRON WELDING CTL CORP DAILY JOURNAL DEPT OF ENVIR QUALITY EMERY & SONS CONST VOID 014240 8/6/99 $19.50 015059 8/6/99 $32.50 015115 8/6/99 $180.00 015420 8/6/99 $19,996.78 015480 8/6/99 $13.00 015552 8/6/99 $1,238.29 017005 8/6/99 $329.70 017035 8/6/99 $256.74 017257 8/6/99 $19,394.44 017340 8/6/99 $73.77 018020 8/6/99 $819.00 018156 8/6/99 $59.23 018453 8/6/99 $50.00 018760 8/6/99 $462.98 019058 8/6199 $101.06 020010 8/6/99 $591.63 020030 8~6~99 $194.16 020095 8/6/99 $1,250.57 022035 8/6199 $4.92 022427 8/6/99 $380.00 024025 816/99 $483.00 021044 8112/99 $511.60 $0.00 NONE 8/t 3/99 $55.00 NONE 8/13/99 $28.67 NONE 8/13/99 ~90.00 N~,~E 8/13/99.. 0O008O 813;99 000420 ' 8/13/99 000535 8/13/99 $157.50 OOO623 8/13/99 $21.65 001045 8/13/99 $158.90 001275 8/13/99 $175.62 001561 8/t 3/99 $444.56 001573 8/13/99 $39,230.49 002140 8/13/99 $608.00 002558 8/13/99 $26.25 002720 8/13/99 $800.00 002915 8/13/99 $145.97 002926 8/13/99 $3,108.00 003020 8/13/99 $170.63 003205 8/13/99 $189.81 004153 8/13/99 $36,697.38 $0.00 Page 2 NP CHECK LISTING FOR THE MONTH OF AUGUST 1999 47107 47108 47109 47110 47111 47112 47113 47114 47115 47116 47117 47118 47119 47120 47121 47122 47123 47124 47125 47126 47127 47128 47129 47130 47131 '47132 47133 47134 VO VO VO VO VO VO D D D D D D SERVICES-POLICE SERVICES-ENG SUPPLIES-STREET SERVlCES-WVVTP SUPPLIES-VVVVTP SERVICES-FINANCE SERVlCES-VVWTP SUPPLIES-VARIOUS SUPPLIES-TRANS SUPPLIES-WATER SERVICES-VARIOUS SERVICES-WVVTP SERVlCES-WWTP SERVICES-WVVTP SERVICES-STREET SUPPLIES-FINANCE SUPPLIES-VARIOUS REIMBURSE-PLAN SERVICES-WV~rP SUPPLIES-PUB WKS SERVICES-WWTP SUPpUES-PARKS VO VO VO VO VO VO D D D D D D EUGENE HILTON FEDERAL EXPRESS HESSEL TRACTOR HIRE CALLING HYDRONIX INC IKON TECH SOLUTIONS lOS CAPITAL IKON OFFICE SOLUTIONS INTERSTATE AUTO PARTS LR-rLE CHEMICAL LUCENT TECH MARION COUNTY CLERK MARION CTY SURVEYOR MARION CTY TAX ASSESS MARION CTY TREAS DEPT MEI-MICRO CENTER METROFUELING JIM MULDER OR ANALYTICAL LAB PACIFIC PRINTERS PAULS SMALL MTR PEPSI ~ 47135 S ~E~.,_ ,,.VI.~..~IE~,.V~I OUS P ~OR...T..~~ ELEC 47137: SE~(3E~H~SlNG 47138 :$UPPUE~UCE ROTH$1GA':.' 47139 SERVICES-PARKS RYDF-~"~I~S 47140 SERVICES-WWTP ~ PRINTING 47141/.i isUPPUES ARKS SCOT C TOO -SUPPLY 47142 SUPPLIES-PARKS STEARNS INC 47143 SUPPUES-VARIOUS US OFFICE PRODUCTS 471 4 SERVICES-POUCE T LERWORLD 47145 SERVICES-VARIOUS US WEST COMM 471 6 SERVICES-VARiOUS US WEST COMM 47147 SUPPLIES-POLICE VIKING OFFICE 47148 SERVICES-POLICE WBN FLORIST 47149 SERVICES-LIBRARY WBN INDEPENDENT 47150 SUPPLIES-VARIOUS YES GRAPHICS 47151 POSTAGE-PARKS US POSTAL SERVICE 47152 PAYROLL-LIBRARY OHIO NATL LIFE INS 47153 SERVICES-WATER VALLEY MAILING 47154 POSTAGE-PLAN US POSTAL SERV 47155 VOI D VOI D 47156 VOiD VOID 47157 V O I D V O I D 004425 8/13/99 005080 8/13/99 007181 8/13/99 007240 8/13/99 007350 8/13/99 008117 8/13/99 008118 8/13/99 008119 8/13/99 008295 8/13/99 011285 8/13/99 011370 8/13/99 012087 8/13/99 012200 8/13/99 012218 8/13/99 012223 8/13/99 O12421 8~13/99 012448 8/13/99 O12670 8/13~99 014107 8113/99 015058 8113/99 015175 8/13/99 015225 8113/99 015420 8/13/99 O1734O 8/13/99 01750O, 8/13/99 018110 :; 8/13/99 0183O8 8/13/99 018781 8113/99 019100 8/13/99 019198 8/13/gg 020091 8/13/9g 020095 8/13/99 021180 8/13/9g 022600 8113/99 O22630 8113/99 024025 8/13/99 020090 8/18/99 060400 8/18/99 021044 8/19199 020090 8/20/99 $0.00 $o.o0 $o.oo $o.oo $0.00 $0.00 $173.02 $15.75 $2O9.47 $7,436.79 $878.23 $1,691.00 $141 .O5 $26.76 $35.85 $109.90 $621.9O $25.00 $335.00 $50.00 $159.00 $252.35 $1,825.54 $6.00 $120.00 $234.OO $142.75 $318.70 $14,957.12 $745.00 :$47.48 $19.50 $142.80 $738.25 $572.42 $383.85 $5,413.64 $564.29 $40.00 $123.00 $914.25 $1,000.00 $32.74 $492.00 $718.64 $o.oo $0.00 $0.00 Page 3 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 47158 47159 47160 47161 47162 47163 47164 47165 47166 47167 47168 47169 4717O 47171 47172 47173 47174 47175 47176 47177 47178 47179 47180 47181 47182 47183 47184 47185 SERVICES-PARKS REFUND-PARKS REFUND-WTPJSWR REFUND-WTPJSWR REFUND-WTPJSWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTRJSWR REFUND-WTR/SWR REFUND-VVTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-VVTR/SWR REFUND-WTPJSWR REFUND-VVTRJSWR SERVICES-ATTY SERVICES-COURT SERVICES-PLAN SERVlCES-ENG SERVICES-WATER SERVICES-VARIOUS SERVICES-WATER SERVICES-PARKS SERVlCES-POLICE SERVICES-HOUSING SERVICES-ADMIN SERVlCES-ADMIN GENES HOME ELEC TERESA HERRERA W CAMPBELL WILLIAM & IRENE MOORE ROBERT CHRISTOFERSON MIKE CAMPBELL DEV EDWARD AMES ROBERT & JUDY CARTER CENTEX HOMES COMSTOCK DEVELOP THE LUCKEY CO DAVID PAUL WINDSOR SMITH DALE BAKER MTN STATES MANAGE TOM CAMPBELL MALSTROMS PROCESS INN AT EAGLE CREST ADAMS CONSULTING AEROTEK INC AMTEST OREGON ARAMARK UNIFORM ARCH PAGING AT&T WIRELESS SERV AT&T LANGUAGE LINE AXMAKER & AXMAKER BEAR ELECTRIC BOBS BACKHOE 471. SER;CE . aROWN & CALDWELL 47188:::SER~CE~,;iN$ ' ,ClSClW CTY INS, . 47i89 :"~i::SER~~0E ':,:' cRYSTAL'sPRINGS WTR 47190, '.$E~C~ ' DUNN CONSTRUCTION 47191 ~;~$ER~~.. MC ENTENA MD '47192 ?~:~U~'E~G !:¥:? :'-~;HDFOWLER CO 47193 ' SERVlCES-WWTP 47194 ' BUPPUE~=OUCE SERVICES-PARKS SERVICES-LIBRARY SERVICES-VARIOUS SERVICES-PARKS SERVlCES-WWTP SUPPLIES-STREET SERVICES-WWTP SUPPLIES-VARIOUS SERVICES-PARKS SERVlCES-VVWTP SERVICES-COURT SERVICES-PARKS SUPPLIES-VARIOUS SERVICES-PARKS JAMES W FOWLER CO GALLS INC DON GANER & ASSOC GENERAL ELEC CAPITAL ROBERT W GIBSON CJ HANSEN CO HIRE CALLING HYDROTEX INN OF 7TH MOUNTAIN JOHNSON INSTRUMENT CO KUENZI CONSTRUCTION LANDMARK PACIFIC LOCAL GOVT PERSON'L INST LUCENT TECH MCCORMICKS BARKDUST NEXTEL COMMUNICATIONS 47195 47196 47197 47198 47199 47200 47201 47202 47203 47204 47205 47206 47207 47208 NONE 8/20/99 $92.00 NONE 8/20/99 $100.00 NONE 8/20/99 $49.68 NONE 8/20/99 $27.65 NONE 8/20/99 $43.24 NONE 8/20/99 $7.45 NONE 8/20/99 $31.72 NONE 8/20/99 $27.65 NONE 8/20/99 $33.15 NONE 8/20/99 $7.45 NONE 8/20/99 $7.45 NONE 8/20/99 $32.93 NONE 8/20/99 $7.45 NONE 8/20/99 $28.96 NONE 8/20/99 $30.30 NONE 8/20/99 $10.43 NONE 8/20/99 $60.00 NONE 8/20/99 $182.76 000046 8/20/99 $1,125.00 000080 8/20/99 $360.00 000400 8/20/99 $503.50 000534 8~20/99 $231.66 000535 8/20/99 $18.14 000655 8/20/99 $38.98 000659 8/20/99 $562.36 000670 8/20/99 $9,OO0.00 OO 1169 8/20/99 $505.25 OO1325 ~20/99 $900.00 001573 8/20/99 $34,~,,~63 oo33oo -- 3,s55.0o OO4202 8/20/99 005210 ' :':: 8/20/99 0o5215 o/99 $4oo,aiT;oo OOO011 8/20/99 $18,97 006014 8/20/99 $1,580.40 006079 8/20/99 $166.OO 006175 8/20/99 $5,382.64 007055 8/20/99 $4,040.05 007240 8/20/99 $1,438.47 007360 8/20/99 $178.56 008030 8/20/99 $508.32 009135 8~20~99 $2,745.00 010350 8/20/99 $2,500.00 011033 8/20/99 $31,736.51 011300 8/20/99 $175.00 011370 8~20~99 $28.24 012350 8/20/99 $630.00 013188 8/20/99 $222.69 Page 4 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 47209 47210 47211 47212 47213 47214 47215 47216 47217 47218 47219 47220 47221 47222 47223 47224 47225 47226 47227 47228 47229 47230 47231 47232 47233 47234 47235 47236 47237 47238 47239 47240 SERVICES-VARIOUS SERVICES-ENG SERVICES-WWTP SERVICES-WWTP SERVICES- PUB WKS SERVICES-WWTP SERVICES-POLICE SERVICES-PARKS SERVICES-STREET SERVICES-PARKS SUPPLIES-VVWTP SERVICES-BUILDING SUPPLIES-POLICE SUPPLIES-PARKS SERVICES-STREET REIMBURSE-POLICE SUPPLIES-STREET SERVlCES-WWTP SERVICES-ENG SUPPLIES-STREET SERVICES-POLICE SERVICES-PARKS CONFERENCE-COURT PETTY CASH-VARIOUS SERVICES-POLICE SERVICES-WATER VOID VOID VOID SUPPUEG4JBRARY REFUND. PARKS 47241 REFUND.1NTR/SWR 47242 REFUND..WTR/SWR 47243 ' i;REFUNI~VVTR/SWR 47244 47245 47246 47247 47248 47249 47250 47251 47252 47253 47254 47255 47256 47257 47258 47259 REFUND-WTR/SWR REFUN~WTWJSWR REFUNI~WTR~ REFUND-WTR/S~ SUPPLIES-LIBRARY SERVlCES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-LIBRARY SERVICES-FINANCE SERVICES-LIBRARY SUPPLIES-WATER SERVICES-PARKS SERVlCES-ENG SUPPLIES-STREET SERVICES-VARIOUS ONE CALL CONCEPTS ONSITE ENVIRON OR ANALYTICAL LAB OREGON WOODS PACIFIC NETCOM PACIFIC PURE BOTTLED LAWRENCE PARADIS PORT GENERAL ELEC PORT GENERAL ELEC PROTECTION ONE JACK RAWLINGS RLM CONSULTING ROSE CITY STAMP SCOT CUSTOIDAL SUPPLY SHARPIRO & ASSOC TERESA TIMMONS UNOCAL:ERNIE GRAHAM UNIFIED SEWERAGE WBN CARCRAFT WBN FERTILIZER WBN FLORIST XEROX CORP JANICE ZYRYANOFF CITY OF VVOODBURN UNITED WAY VALLEY MAILING VOID VOID VOID GREG HARRIS JERRI FOGERSON JERRY BORSCHOWA JAMES WAKEFIELD ERA NOI~THWEST PRQP CENTEXHOMES :!?' .* ', · JOSE RODRIGUEZ DONOVAN R HARDING THE LUCKEY CO DONOVAN R HARDING AM LIBRARY ASSN WASHINGTON STATE UNIV UNIV OF ARIZONA PRESS C & D PUBLISHING OR TRAIL PITCHPIPERS DEBT MANAGEMENT DIV SWEET ADELINES A&A DRILLING SERV A&A PEST CONTROL AEROTEK INC ALBINA FUEL AIR TOUCH CELLULAR 014054 014055 014107 014630 015038 015059 015115 015420 015421 015566 017054 017257 017314 018308 018425 019165 020010 020014 O225O8 022590 ' 022600 O23020 025060 015255 NONE 021044 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 000010 000011 000080 000100 000113 8120/99 8/20199 8/20/99 8/20/99 8/20~99 8/20/99 8/20/99 8/20/99 8/20/99 8/20/99 8~20/99 8/20/99 8120/99 8/20/99 8/20~99 8~20~99 8~20/99 8~20/99 8/20/99 8/20/99 8/20/99 8/20/99 8120/99 8/24/99 8/26/99 8/27/99 8/27/99 8/27/99 . 8/27/99 8/27/99 8/27/99 8/27/99 8/27/99 8/27/99 6/27/99 8/27/99 8/27/99 8/27/99 8/27/99 6/27/99 8/27/99 8/27/99 8/27/99 8/27/99 6/27/99 8/27/96 $125.10 $2,610.40 $120.00 $9,608.08 $571.74 $148.25 $80.00 $22.58 $459.22 $4O7.O4 $44.36 $1,385.50 $28.15 $142.80 $1,83O.0O $40.60 $343.66 $200.00 $189.16 $1,472.69 $44.00 $82.22 $135.00 $132.08 $10.00 $417.20 $10.oo $20:0o $16.22 $29~4 ' $25.69 ., $1.93 :$8.63 $68.13 $31.37 $28.60 $285.00 $252.40 $100.00 $60.00 $119.00 $60.00 $2,970.00 $400.00 $200.00 $386.3O $1,010.87 Page 5 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 47260 47261 47262 47263 47264 47265 47266 47267 47268 47269 47270 47271 47272 47273 47274 47275 47276 47277 47278 47279 47280 47281 47282 47283 47284 47285 47286 SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-WATER SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-STREET SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-LIBRARY SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-COURT SERVICES-PUB VVKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-LIBRARY SERVlCES-VVWTP SERVICES-PARKS SUPPLIES-STREET AM LIBRARY ASSOC ARAMARK UNIFORM AWARDS & ATHLETICS AT&T HOUSEHOLD BANK BEN FRANKLIN BEYOND BASALS BI-MART CORP BROOKS HARDWARE BULLDOG VIDEO CAMPBELL COMM CANBY SAND & GRAVEL CASE AUTOMOTIVE CASCADE COLUMBIA CASCADE POOLS CHEMEKETA COMM COLL CLACKAMAS LOCK COASTAL FARM COASTWlDE LAB MARGOT COMLEY CRANE & MERSETH DAVlSON AUTO PARTS DEMCO INC DORTIGNACQ & ASSOC EMERY & SONS CONST ENGELMAN & ELEC ENVIRO CLEAN EQUIP 000250 8/27/99 $50.20 000534 8/27/99 $372.64 000580 8/27/99 $221.00 000623 8/27199 $80.41 001199 8/27~99 $1,928.48 001205 8/27/99 $67.68 001248 8/27/99 $15.95 001275 8/27/99 $352.64 001555 8/27/99 $43.98 001586 8/27/99 $164.00 002050 8/27/99 $800.00 002060 8/27/99 $2,993.76 002190 8/27/99 $1,288.47 002218 8/27/99 $2,145.50 002226 8/27/99 $1,259.85 002410 8/27/99 $4,770.00 002558 8/27/99 $151.75 002625 8/27/99 $265.76 002626 8/27/99 $1,770.80 002686 8/27/99 $175.00 002896 8/27/99 $18,221.00 003080 8/27/99 $281.47 003110 8/27/99 $97.08 003258 8/27/99 $2,559.00 004153 8/27/99 $384,892.80 004190 8/27/99 $704.29 004206 8/27/99 $22,686.00 8/27/99 $530.72 47267 SUPPLIES-VARIOUS FARM PLAN 47289 SuPPUE~B~ ~~.~ROS 47291 SUPPUES,~f~IOLI~ 47298 SUPPLIES-LIBRARY INGRAM DIST 008116 47299 SERVICES-PARKS IKON OFFICE 8OLUTIONS 008119 47300 SERVlCES-ATTY INTL MUN LAWYERS ASSOC 008292 47301 SUPPMES-VARIOUS L&L BUILDING 011010 47302 SUPPLIES-LIBRARY MBRARY ASSOCIATES 011244 47303 SUPPLIES-PARKS LINCOLN EQUIPMENT 011250 47304 SERVICES-COURT ELIZABETH LOSCUTOFF 011332 47305 SERVlCES-ATTY MALSTROMS PROCESS 012055 47306 SUPPLIES-PARKS MARION ENVIRO SERV 012227 47307 SUPPLIES-PUB WKS MCCORMICKS BARKDUST 012350 47308 SUPPLIES-VARIOUS METROFUELING 012448 47309 SERVICES-POLICE MILES CHEVROLET 012490 47310 SUPPLIES-VARIOUS MR P'S AUTO PARTS 012510 :6/27/99 $311;38 8/27/99 $570.00 8/27/99 $290.16 8/27/99 $869.10 8127199 $73.32 8/27/99 $25.00 8/27199 $35.00 8/27/99 $13.90 8/27/99 $210.00 8/27~99 $1,401.11 8/27/99 $120.58 8~27/99 $282.59 Page 6 A/P CHECK LISTING FOR THE MONTH OF AUGUST 1999 47311 47312 47313 47314 47315 47316 47317 47318 47319 47320 47321 47322 47323 47324 47325 47326 47327 47328 47329 47330 47331 47332 47333 47334 47335 47336 47337 47338 47339 4734O SERVICES-PARKS SERVICES-PARKS SUPPLIES-WVVTP SERVICES-PARKS SERVICES-PUB WKS SUPPLIES-LIBRARY SERVICES-ENG SUPPLIES-LIBRARY SERVICES-PARKS SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-STREET SERVICES-PUB WKS SUPPLIES-WWTP SERVICES-SELF INS SUPPLIES-PARKS SERVICES-WATER SERVICES-PARKS SERVICES-HOUSING SUPPLIES-PARKS SERVICES-PARKS SERVICES-VARIOUS REIMBURSE-ATTY SERVICES-POLICE SERVICES-FINANCE SERVICES-PUB WK$ SUPPME~STREET NAT REC & PARKS ASSOC NEXTEL COMM NORTHSTAR CHEMICAL NW ELEVATOR CO NW GEOTECH INC OFFICE DEPOT ONSITE ENVIROMENTAL OR LIBRARY ASSN OR REC & PARKS ASSOC OREGON WILDLIFE PACIFIC PRINTERS PARTNERS WEST BOOK PAULS SMALL MOTOR PEPSI COLA CO PIPE TOOL SPECIALTIES PORT GENERAL ELEC PRAXAIR DIST PRIMA OR CHAPTER PROMOTIONS WEST RADIX CORP R-CO PAVING ROBINSON HOME BUILD ROTHS IGA RYDER TRANS SERV LES SCHWAB TIRE N ROBERT SHIELDS SLATER COMM STATE OF OR NOTARY STATESMAN JOURNAL 013090 8/27/99 $130.00 013188 8/27/99 $615.95 013235 8/27/99 $3,402.00 013275 8/27/99 $300.00 013287 8~27~99 $1,436.35 014029 8/27~99 $14.98 014055 8127199 $803.20 014327 8/27/99 $7.00 014431 8/27/99 $210.00 014626 8/27/99 $23.95 015058 8/27/99 $52.50 015170 8/27~99 $208.65 015175 8/27199 $13.90 015225 8~27/99 $812.95 015335 8/27/99 $71.25 015421 8~27~99 $1,579.86 01 5480 8/27~99 $2.85 015538 8/27/99 $195.00 015563 8~27~99 $3,674.50 017035 8/27/99 $256.74 017090 8/27199 $4,150.00 017296 8/27/99 $2,655.00 017340 8/27/99 $71.11 017500 8/27/99 $477.00 018300 8/27/99 $213.89 018450 8/27/99 $88.50 018522 8/27/ 8329.95 018753 8/27/99 $20.00 019030 8/27/99 ,$109.20 ~ TAYLOR ELECTRIC 47349 4735O 47351 47352 47353 47354 47355 47356 47357 47358 47359 SUPPUES-PARKS .SERVICES-VARIOUS SUPPUES-WWTP SUPPUES-PARKS SERVICES-POUCE SUPPUES-VARIOUS REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP SERVICES-RSVP WBN FERTIUZER WBN INDEPENDENT ".::$93.75 :,'' OFFICE SPECIALTIES WBN RENT-ALL WBN 24 HOUR TOWING YES GRAPHICS ALMEDA QUIRING MARIAN REED JUNE WOODCOCK RICHARD SNYDER JAY WOODS 022670 8/27/99 $88,31 022708 8/27/99 $433.60 022755 8/27/99 $80.00 024025 8/27/99 $2,244.t0 035608 8/27199 $13.80 035615 8/27/99 $11.70 035648 8/27199 $16:80 035655 8/27/99 $35.00 035763 8/27/99 $35.00 $1,319,073.74 Page 7 Community Development 270 Montgomery Street Woodburn, Oregon 97071 MEMORANDUM (503) 982-5245 Date: To: From: Subject: August 31, 1999 Steve Goeckritz, Community Development Director Robert L. Mendenhall, Building Official Building Activity for August 1999 1997 1998 1999 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 5 $691,527 5 $638,945 27 $3,525,926 Multi Family 0 $0 0 $0 0 $0 Residential Adds & Alts 15 $134,134 12 $70,957 5 $59,800 Industrial 0 $0 0 $0 0 $0 Commercial Value 2 $1,430,000 0 $0 0 $0 Signs, Fences, Driveways 7 $58,773 7 $11,816 13 $33,200 Manufactured Homes 15 $580,000 5 $133,891 1 $40,000 TOTALS 44 $2,894,434 29 $855,609 46 $3,658,926 July 1 - June 30 Fiscal Year To Date $6,325,606 $3,025,888 $6,060,454 RLM:nd C%MyFiles\BLDG~Building Activity\Building Activity - 1999\activity August 99.wpd MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Frank Tiwari, Public Works Director ~~ September 9, 1999 Public Works Director's Report in Response to Request for Establishment of Reimbursement District for Improvement of Traffic Signal on Hwy 219 at Woodland Avenue RECOMMENDATION: It is recommended that city council approve the attached Public Works Director's Report as presented. The city council has the following options: 1. Approve the report 2. Modify the report prior to approval 3. Reject the report BACKGROUND: On July 30, 1999 Craig Realty Group, the applicant, requested the City of Woodburn to establish a reimbursement district and provide a mechanism by which the applicant would recover a portion of the cost for traffic signal installation on Hwy 219 at Woodland Avenue from benefitted property owners. The applicant and the city staff has followed the process outlined in Ordinance 2237 for the establishment of a reimbursement district. After receiving the application, the technical staff of the Public Works Department performed the engineering analysis. A meeting between contractor and city staff took place for clarification of construction activities and costs. Certain modifications to the project cost were made by the engineering staff prior to formulation of cost allocation to different properties in the proposed reimbursement district. The cost allocations presented in the report will not be legally binding until an informational hearing has been held by the council and an implementing resolution is approved reflecting council's final decision. Public Works Director's Report has been developed within the guidelines and requirements of Ordinance 2237. The property owned by ODOT has been excluded from the proposed reimbursement district by Ordinance 2237 and hence it has been excluded from the proposed cost allocation also. Our analysis indicates that the quality of construction meets city's specifications, and the construction cost amount is within the acceptable range. The cost allocation has been calculated by utilizing an accepted distribution method for the benefits received by the properties in the proposed reimbursement district. In regard to administrative procedures, the legal notices, along with Public Works Director's Report, were sent to the owners of the proposed reimbursement district properties in the time frame established by Ordinance 2237. It is requested that, after the informational hearing has been completed, the city council make a final decision on the Public Works Director's Report; then, as soon as practically possible, approve an implementing resolution to make its decision legally binding. GST:Ig Attachment: Public Works Director's Report Documents not attached, but available on file: 1. Ordinance 2237 2. Application for Establishment of a Reimbursement District GST~ACTOR'Y'~REIMBURSE~PWDirecRptTrafSig hal.CC PUBLIC WORKS DIRECTOR'S REPORT In Response to Application by Craig Realty Group, Woodburn LLC for Establishment of a Reimbursement District for Traffic Signal Installation at the Woodland Avenue/Highway 219 Intersection in the proposed Amount of $160,263 SECTION 1: CONTENT OF PUBLIC WORKS DIRECTOR'S REPORT This report follows the criteria established in Ordinance 2237 which was approved by council on June 28, 1999. This written report considers and makes a recommendation concerning each of the following factors: Ao The project, Attachment "A", for which an application has been made for formation of a reimbursement district, the reasons for the cost distribution proposal and an evaluation of the public interest served by the project. The actual or contracted cost of the public improvement serving the area of the proposed reimbursement district and the portion of'the public improvement cost that is reimbursable. C. The boundary and size of the reimbursement district. A methodology for spreading the cost among the properties within the reimbursement district and, where appropriate, defining a 'unit" for applying the reimbursement fee to property which may; with City approval, be partitioned, subdivided, altered or modified at some future date. Ee The amount to-be charged by the City for an administration fee for the reimbursement agreement. The administration fee shall be fixed by the. City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed. SECTION 2: APPLICATION FOR ESTABLISHMENT OF REIMBURSEMENT DISTRICT Craig Realty Group, Woodburn LLC made application to the City of Woodburn for the establishment of a reimbursement district for a public improvement as outlined in Section 2 of City of Woodburn Ordinance 2237. The project is'. · The installation of a traffic signal at the intersection of Woodland Avenue and State Highway 21 9 including related pavement improvements. Page 1 of 5 - Public Works Director's Report The application was made in accordance with the requirements of Section 2 of Ordinance 2237. Clarifying communication on the application is also included. I have read the project description in the application, reviewed project plans, reviewed the project with technical staff and have made site visits which indicated that the Woodland Avenue/Highway 219 traffic signal improvements have been designed and constructed to comply with city standards which provide safe and effective transportation service to the affected area. The concept of financing this project utilizing'a Local Improvement District (LID) has been acceptable to the City Council. This improvement has been considered to be important and beneficial to the properties in the area and, therefore, cost sharing conditions were placed on certain properties prior to the site developmental approval by the council. The properties which have not, at this time, made application for any development but which will benefit from the improvements, when developed, are included in the reimbursement district. Although the developer did not utilize the LID process, the developer did discuss this concept as well as the concept of voluntary cost sharing among the property owners by agreement without city involvement. The reimbursement district, if approved by council, will provide a mechanism for cost distribution among the properties which benefit from the improvements made by the applicant. In the absence of the LID process or an agreement among the benefitted property owners, it is fair and in the public interest to create a reimbursement district for Woodland Avenue/Highway 219 traffic signal improvements because the improvement provides a safer and more efficient transportation system to benefit the public and is an identified project in the city's Transportation System Plan. SECTION 3: FINANCING FOR THE WOODLAND AVENUE/219 TRAFFIC SIGNAL IMPROVEMENT REIMBURSEMENT DISTRICT The developer indicates that he has financed all of the costs associated with the traffic signal improvement and the services provided by this public improvement are available to property other than that owned by the developer. The costs financed by the developer were included in the application. SECTION 4: COST OF THE PUBLIC IMPROVEMENT SERVING THE PROPOSED REIMBURSEMENT DISTRICT The cost of the traffic signal improvements at the intersection of Woodland Avenue and Highway 219 after modification is $ 175,266. The application fee of $1,000 isa reimbursable expense as allowed by ordinance. The improvement costs provided by Page 2 of 5 - Public Works Director's Report Craig Realty Group in their application were modified by the City Engineer after review. It is recommended that the final reimbursable cost, not subject to future changes, be established at $ 176,266.00. The modification allocated appropriate roadway improvement costs reported in the Arney Road application, associated with the construction of the traffic signal, to the project. Costs for an ineligible concrete island were removed. A small portion of the storm drainage system improvement costs, belonging with the intersection project, and approximately 30' of pavement improvements on Woodland Avenue for proper lane configuration have been transferred from the Arney Road/Woodland Avenue portion of the project. The construction cost of storm drain improvement transfer has been $7,610 and the street portion of the cost has been $5,999. The unit costs from previously awarded city contracts were compared with and utilized to determine the overall cost of the project. Aisc, the engineer's estimate provided by the developer was utilized for comparison purposes. SECTION 5: BOUNDARY AND SIZE OF THE REIMBURSEMENT DISTRICT Craig Development Realty, Waremart Inc., and Offspring Holdings-Hershberger were conditioned in their land use approvals that they contribute to the costs of the Woodland Avenue traffic signal improvement when traffic increased to a level that a signal was warranted. In accordance with Ordinance 2237 the reimbursement district provides a mechanism whereby both previously conditioned properties and future development properties will share in the costs of the public improvements that have been constructed by Craig Realty Group-Woodburn LLC. Property owned by or dedicated to the City or the State of Oregon is excluded from the reimbursement district. Miles Chevrolet, which was proposed to be included as a reimbursement district property in the developer's application, was not previously conditioned and is, therefore, not eligible for inclusion in the reimbursement district by the ordinance. It appears that Miles Chevrolet was not conditioned to share the cost Of this traffic signal because of the requirement to dedicate right of way so that connection of Arney Road and Woodland Avenue could take place and the requirement to construct a portion of the connecting roadway. There are certain other undeveloped properties, which are development in the future, in the vicinity of the new traffic signal that will benefit from the improvement. They include one parcel owned by Dale W. Baker, one parcel owned by Craig Development Realty and two parcels owned by Moore Clear Company. Page 3 of 5 - Public Works Director's Report For cost distribution purposes, the following properties are recommended to be part of the proposed reimbursement district for the traffic signal improvements at the intersection of Woodland Avenue and Highway 21 9: 1. Dale W. Baker 2. Waremart, Inc. 3. Craig Realty Group (two parcels) 4. Moore Clear Company (two parcels) 5. Offspring Holdings-Hershberger These properties are further defined in Attachment "B". SECTION 6: METHODOLOGY FOR REIMBURSEMENT FEE ALLOCATION TO REIMBURSEMENT DISTRICT The reimbursement district for the traffic signal includes both commercially and industrially zoned land. In a situation where land uses of the reimbursement district properties were common, land area would be a logical method to determine the proportion of benefits. Commercially zoned property, however, has different traffic impacts on the transportation system than industrially zoned property. The area method by itself, therefore, would not fairly proportion costs in this situation. A method that utilizes the area of the properties in conjunction with the traffic generation created by each property was selected as the method to fairly proportion the 'impacts of the reimbursement district properties for the traffic signal costs. The traffic generation portion of the distribution method will be apportioned on the basis of the number of average daily trips generated for the development. It has been determined that, to avoid an unreasonable subsidy to any property, a reasonable split will be to factor the area of properties at seventy-five percent (75%) and traffic generation at twenty-five percent (25 %). The traffic generation impacts 'of the developed properties will be based on the traffic generation that was used as the basis for the computation of traffic impact fees. Traffic generation for an additional 70,000 square feet of warehouse space planned in the future was included in the Waremart traffic generation. The potential traffic generation of the undeveloped parcels must also then be considered from the potential for traffic generation associated with traffic impact fees. The undeveloped Craig Realty property is intended to be developed as follow on phases of the factory outlet center and potential use would be evaluated for that use. Craig Realty, in their proposal for phase two and three of the factory outlet center, indicated that an additional 162,000 square feet of store area would be built on the undeveloped Page 4 of 5 - Public Works Director's Report portion of their property. The other undeveloped properties have no planned use at this time, therefore, these parcels would be considered at a best reasonable commercial use that may be anticipated for that particular parcel. The following are those best reasonable uses for those properties' Property Dale W. Baker Moore Clear Parcel 1 Moore Clear Parcel 2 Best Reasonable Use 2,500 Square Foot Fast Food 2,500 Square Foot Fast Food 9,000 Square Foot Sit Down Restaurant The traffic generation for the planned use of the Craig Realty property and the best reasonable use for the three properties listed above will also be determined on the basis of trip generation that would be the basis for traffic impact fee computation for each of the uses described above. Attachment "C" includes the distribution of costs to the reimbursement district properties based on the area and trips-generated-per-vehicle. SECTION 7: ADMINISTRATIVE FEE AND INTEREST RATE TO BE APPLIED TO REIMBURSEMENT DISTRICT A. is recommended that the administration fee as outlined in Section 3 of Ordinance 2237 be one percent (1%) of the project cost. It is recommended that the interest rate to be applied to the unpaid reimbursement fee be fixed at eight and one-fourth percent (8.25%), the prime interest rate on September 1, 1999. It is proposed that the interest accrual on the reimbursement fee start 30 days after the effective date of the formation of the reimbursement district. The approved ordinance defines that the interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. RR\TRAFFICSIGNAL-PWDirecRpt Page 5 of 5 - Public Works Director's Report ATTACHMENT "A" Page ! of 2 TRAFFIC SIGNAL AT HIGHWAY 219/WOODLAND AVENUE Looking South on Woodland Avenue at Traffic Signal at Highway 219 Intersection DESCRIPTION: Installation of a new traffic signal with single pole mast arms and pedestrian boxes at each of the four corners. Traffic detector loops extend approximately 65' from the signal on Woodland Avenue and approximately 230' from the signal on Highway 219. The intersection was modified to allow two left turn lanes on southbound Woodland Avenue. The southeast corner of the intersection was widened to allow safe truck turning movements from Woodland Avenue. ADA sidewalk ramps and bike lanes were also included. ATTACHMENT "A" Page 2 of 2 MAP SHOVVING TRAFFIC SIGNAL/PAVEMENT IMPROVEMENTS I'~ AT WOODLAND AVENUE/HWY. 219 ILl ' I , · , 04-4 ATTACHMENT "B" Page 1 of 2 PROPOSED REIMBURSEMENT DISTRICT PROPERTIES In Accordance with Ordinance 2337 STATE HIGHWAY 219 AND WOODLAND AVENUE SIGNAL Marion County Map Number 1. 052Wl I 2. 052Wl 2B 3. 052W12B 4. 052W12B 5. 052W12B 6. 052W12B 7. 052W12B RR~ReimburseDistP ropedie s Tax Lot(s) Property Owner 100 Waremart, Inc. 1101 Dale W. Baker 600 601 701 2OO 301 7O2 8OO 101 Moore Clear Co. (P. arce[ 1) Moore Clear Co. (Parcel 2) Offsprings Holdings,'LLC Craig Realty Group - Woodburn, LLC (Parcel 1) Craig Realty Group Woodburn, LLC (Parcel 2) Mailing Address c/o Burke & Nickel 3336 E. 32"d St Suite 317 Tulsa, OK 74135 2874 Newberg Hwy Woodburn, OR 97071 535 Third St. Lake Oswego, OR 97034 535 Third St. Lake Oswego, OR 97034 PO Box 586 Woodburn, OR 97071 1500 Quail St. Suite 100 Newport Beach, CA 92660 Attn: Steven L. Craig 1500 Quail St. Suite 100 Newport Beach, CA 92660 Attn: Steven L. Craig ATTACHMENT "B" /"~'"~'~ - '1 I II / REIMBURSEMENT PROPERTIES HIGHWAY 219/WOODLAND AVENUE SIGNAL /,,--~-~._' ] /_'-..._ 'O / / INT[RCHA~IGF / ! ! ! ! ! Page 2 of 2 t I II II / / / ,, ? / / / / / / / / / / CO'Y / / II Il Ii II ATTACHMENT "C' SHARE OF IMPROVEMENT COST FOR THE PROPERTIES LOCATED IN THE TRAFFIC SIGNAt REIMBURSEMENT DISTRICT 0 MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Frank Tiwari, Public Works Director '~~ ~*~~ September 9, 1999 Public Works Director's Report in Response to Request for Establishment of Reimbursement District for Arney Road Widening, Extension and Storm Drain Improvements RECOMMENDATION: It is recommended that city council approve the attached Public Works Director's Report as presented. The city council has the following options: 1. Approve the report 2. Modify the report prior to approval 3. Reject the report BACKGROUND: On July 30, 1999 Craig Realty Group, the applicant, requested the City of Woodburn to establish a reimbursement district and provide a mechanism by which the applicant would recover a portion of the cost for Amey Road street, sidewalk and storm drainage improvements from benefitted property owners. The applicant and the city staff has followed the process outlined in Ordinance 2237 for the establishment of a reimbursement district. After receiving the application, the technical staff of the Public Works Department performed the engineering analysis. A meeting .between contractor and city staff took place for clarification of construction activities and costs. Certain modifications to the project cost were made by the engineering staff prior to fOrmulation of cost allocation to different properties in the proposed reimbursement district. The cost allocations presented in the report will not be legally binding until an informational hearing has been held by the council and an implementing resolution is approved reflecting council's final decision. Public Works Director's Report has been developed within the guidelines and requirements of Ordinance 2237. The property owned by ODOT has been excluded from the proposed reimbursement district by Ordinance 2237 and hence it has been excluded from the proposed cost allocation also. Our analysis indicates that the quality of construction meets city's specifications, and the construction cost amount is within the acceptable range. The cost allocation has been calculated by utilizing an accepted distribution method for the benefits received by the properties in the proposed reimbursement district. In regard to administrative procedures, the legal notices1 along with Public Works Director's Report, were sent to the owners of the proposed reimbursement district properties in the time frame established by Ordinance 2237. It is requested that, after the informational hearing has been completed, the city council make a final decision on the Public Works Director's Report; then, as soon as practically possible, approve an implementing resolution to make its decision legally binding. GST:Ig Attachment: Public Works Director's Report Documents not attached, but available on file: 1. Ordinance 2237 4, Application for Establishment of a Reimbursement District GST~FACTORY~REIM BURS E\PWDirecRptArneyRd. CC PUBLIC WORKS DIRECTOR'S REPORT In Response to Application by Craig Realty Group, Woodburn LLC for Establishment of a Reimbursement District for Arney Road Street, Sidewalk and Storm Drainage Improvements in the Proposed Amount of $863,143 SECTION 1' CONTENT OF PUBLIC WORKS DIRECTOR'S REPORT This report follows the criteria established in Ordinance 2237 which was approved by council on June 28, 1999. This written report considers and makesa recommendation concerning each of the following factors: The project, Attachment "A", for which an application has been made for formation of a reimbursement district, the reasons for the cost distribution proposal, and an evaluation of the public interest served by the project. Bo The actual or contracted cost of the public improvement serving the area of the proposed reimbursement district and the portion of the public improvement cost that is reimbursable. C. The boundary and size of the reimbursement district. A methodology for spreading the cost among the properties within the reimbursement district and, where appropriate, defining a ~unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, subdivided, altered or modified at some future date. Ee The amount to be charged by the City for an administration fee for the reimbursement agreement. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed. SECTION 2: APPLICATION FOR ESTABLISHMENT OF REIMBURSEMENT DISTRICT Craig Realty Group, Woodburn LLC made application to the City of Woodburn for the establishment of a reimbursement district for a public improvement as outlined in Section 2 of City of Woodburn Ordinance 2237. The project is' · The widening and extension of Arney Road to Woodland Avenue and improvement of a portion of Woodland Avenue toward Hwy 219. Page 1 of 5 - Public Works Director's Report The application was made in accordance with the requirements of Section 2 of Ordinance 2237. I have read the project description in the application, reviewed project plans, reviewed the project with technical staff and have made site visits which indicated that the Arney Road street improvements have been designed and constructed to comply with city standards and provide safe and effective transportation service to the affected area. The concept of financing this project utilizing a Local Improvement District (LID) has been acceptable to the City Council. This improvement has been considered to be important and beneficial to the properties in the area and, therefore, cost sharing conditions were placed on certain properties prior to the site developmental approval by the council. The properties which have not, at this time, made application for any development but which will benefit from the improvements, when developed, are included in the reimbursement district. Although the developer did not utilize the LID process, the developer did discuss this concept as well as the concept of voluntary cost sharing among the property owners by agreement without city involvement. The reimbursement district, if approved by council, will provide a mechanism for cost distribution among the properties which benefit from the improvements made by the applicant. In the absence of the LID process or an agreement among the benefitted property owners, it is fair and in the public interest to create a reimbursement district for the Arney Road street improvements because the improvement benefits the public and provides a safer and more efficient transportation system. SECTION 3: FINANCING FOR THE ARNEY ROAD IMPROVEMENT REIMBURSEMENT DISTRICT The developer indicates that he has financed all of the costs associated with the Arney Road improvements, and the services provided by this public improvement are available to property other than that owned by the developer. The contracted costs financed by the developer were included in the application. SECTION 4: COST OF THE PUBLIC IMPROVEMENT SERVING THE PROPOSED REIMBURSEMENT DISTRICT The modified cost of the improvements to Arney Road has been determined as $806,526. The application fee of $1,000 is a reimbursable expense as allowed by ordinance. The improvement costs provided by Craig Realty Group in their application were modified by the City Engineer after review. It is recommended that the final reimbursable cost, not subject to future changes, be established at $ 807,526 . Page 2 of 5 - Public Works Director's Report The modifications included several items. Costs for an ineligible concrete island and duplicate costs for a small portion of roadway work and storm drain basins were removed. Costs for vaults and conduit for Portland General Electric (PGE) were reduced based on the final cost information provided by the applicant's contractor. Similarly, gas line trenching was reduced and phone relocation cost was eliminated. The street intersection drainage improvement cost, in the amount of $7,610.00 plus traffic lane configuration cost in the amount of $5,999.00 have been shifted from Arney Road project to traffic signal project. The unit costs from previously awarded city contracts were compared with and utilized to determine the overall cost of the project. Also, the engineer's estimate provided by the developer was utilized for comparative purposes. The project cost has been found to be within 3.6 percent of the final cost estimate of the developer's engineer and determined to be within 2.5 percent of city estimate based on the unit cost. Therefore, the project cost is acceptable for cost sharing purposes. SECTION 5: BOUNDARY AND SIZE OF THE REIMBURSEMENT DISTRICT In accordance with Ordinance 2237 the reimbursement district provides a mechanism whereby both previously conditioned properties and future developable properties will share in the costs of the public improvements that have been constructed by Craig Realty Group-Woodburn LLC. Property owned by or dedicated to the City or the State of Oregon is excluded from the reimbursement district. Craig Development Realty and Offspring Holdings-Hershberger were conditioned in their land use approval that they contribute to the costs of the Arney Road improvements. There are certain other undeveloped properties along Arney Road that will benefit from the improvement when they are developed in the future. They include one parcel owned by Dale W. Baker, one parcel owned by Craig Development Realty and two parcels owned by Moore Clear Company. The following reimbursement district properties are to be considered as part of the reimbursement agreement for the improvements to Arney Road: 1. Craig Realty Group (2 parcels) 2. Moore Clear Company (2 Parcels) 3. Offsprings Holdings-Herschberger 4. Dale W. Baker These properties are outlined in the map included as Attachment "B". Page 3 of 5 - Public Works Director's Report SECTION 6: METHODOLOGY FOR REIMBURSEMENT FEE ALLOCATION TO REIMBURSEMENT DISTRICT The reimbursement district for the Arney Road street improvements includes property that is all commercially zoned. Not all of the reimbursement properties, however, are located along the improvement. Two properties, Craig Realty (two parcels) and Offsprings-Hershberger, are located off of the improvement. All of the other properties that are considered part of the reimbursement district adjoin the public improvement. There are two common methods, area and front footage, for apportionment of costs for a reimbursement agreement for roadway construction that are most applicable to the Arney Road project. As discussed above, some of the properties that have been determined to be part of the reimbursement district are located adjacent to Arney Road, and other properties are off the improvement but contribute a significant portion of the traffic that required that the improvement be made. The area of the properties is appropriate as a measure to determine responsibility for the improvements. For the properties that are not located on the roadway, but do contribute to the roadway traffic, this is a fair method since all of the properties involved have similar zoning and all current and projected future uses are commercial in nature. For properties that are located adjacent to Arney Road, front footage is a fair method of determining cost responsibility since this would make these properties responsible for the street improvement adjacent to their property. Since there are properties adjacent to and off of the improvement project, it is fair and reasonable that the basis for reimbursement fee be shared between the "area" and "front footage" methods of determining a unit for cost share allocation. The share between these two methods will be determined on a percentage contribution basis. The properties with frontage on Arney Road will also be proportionally responsible for the area of their property. It has been determined that, to avoid an unreasonable subsidy to any property, a reasonable split will be to factor sixty (60) percent (%) for area and forty (40) percent (%) for front footage in computation of the percentage responsibility for all properties in the reimbursement district for the project. Attachment "C" includes the distribution of costs in accordance with the above procedure. Page 4 of 5 - Public Works Director's Report SECTION 7' ADMINISTRATIVE FEE AND INTEREST RATE TO BE APPLIED TO REIMBURSEMENT DISTRICT A. It is recommended that the administration fee as outlined in Section 3 of Ordinance 2237 shall be as follows: 1. Project cost up to $250,000 at one percent (1%). 2. Project cost from $250,001 to $500,000 at one-half percent (¥2%). 3. Project cost greater than $500,000 at one-quarter percent (1/4%). Bo It is recommended that the interest rate to be applied to the unpaid reimbursement fee be fixed at eight and 1/4 percent (8.25 %), the prime interest rate on September 1, 1999. It is proposed that interest accrual on the reimbursement fee start 30 days after the effective date of the formation of the reimbursement district. The approved ordinance defines that the interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. RR\ArneyRoad-PWDirec Rpt Page 5 of 5 - Public Works Director's Report ATTACHMENT "A" Page ! of 2 ARNEY ROAD/WOODLAND AVENUE STREET IMPROVEMENT Looking East Along New Arney Road Connection to Woodland Avenue DESCRIPTION: The street improvements involve approximately 2,050 linear feet of road construction. Arney Road construction extends from the south edge of the Hershberger dealership to Woodland Avenue. Woodland Avenue was improved in the vicinity of Myrtle Street and at the intersection with the highway. Also a new intersection to connect the old Arney Road segment with the new roadway was also constructed. The new road is 48' wide allowing for two travel lanes, a two way center turn lane and bike lanes. Sidewalks were also constructed and storm drainage was added to the roadway and a box culvert was installed at the east tributary of Senecal Creek under Arney Road. A'r['ACHMENT MAP SHOWING REIMBURSABLE PORTION OF ARNEY ROAD IMPROVEMENTS Page 2 of 2 ,qYh~ N093~0 'OS N338983A.3 '~AV '3^¥ ONV1OOOAa ATTACHMENT "B" Page 1 of 2 PROPOSED REIMBURSEMENT DISTRICT PROPERTIES In Accordance with Ordinance 2337 ARNEY ROAD Marion County Map Number 1. 052W12B 2. 052W12B 3. 052W12B 4. 052W12B 5. 052W12B 6. 052W12B Tax Lot(s) 1101 600 601 701 200 301 702 800 101 Property Owner Dale W. Baker Moore Clear Co. (Parcel 1) Moore Clear Co. (Parcel 2) Offsprings Holdings, LLC Craig Realty Group- Woodbum, LLC (Parcel 1) Craig Realty Group- Woodburn, LLC (Parcel 2) Mailing Address 2874 Newberg Highway Woodburn, OR 97071 535 Third Street Lake Oswego, OR 97034 535 Third Street Lake Oswego, OR 97034 PO Box 586 Woodburn, OR 97071 1500 Quail Street Suite 100 Newport Beach, CA 92660 Attention: Steven L. Craig 1500 Quail Street Suite 100 Newport Beach, CA 92660 Attention: Steven L. Craig RR~:~eimbu rseDistProperties ATTACH M ENT "B" REIMBURSEMENT PROPERTIES ARNEY ROAD Page 2 of 2 300 15 ~TV~/01C ~l,( COR 10't 1~3 OLC '103 O0 03 0 7O2 ATTACHMENT "C" ~ ALLOCATION OF IMRPOVEMENT COSTS FOR THE PROPERTIES LOCATED IN TH[ ~ ~ ARNEY ROAD REIMBURSEMENT DISTRIC ~zo~ m m o + + Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (5O3) 982-5246 Date: To From: Subject: Recommendation: September 9, 1999 Mayor and City Council thru City Administrator Planning Staff ~- ' Comprehensive Plan Growth Management and Annexation Goals & Policies It is recommended that the City Council adopt the Comprehensive Plans Growth Management and Annexation Goals and Policies. PRIMARY OBJECTIVES: · To refocus the City's Urban Growth Management Program and Annexation Process. · Put in place Goals and Policies that control the rate of residential growth. · Establish criteria that prioritizes land to be annexed to the City. · Provide for the orderly transition of rural land to urban uses. The initial step in accomplishing the primary objectives began with the City Council drafting new legislation that would amend the Comprehensive Plans Growth Management and Annexation Goals and Policies. Those Goals and Policies will then lay the foundation for the development of criteria that can be incorporated into the Woodburn Zoning Ordinance (WZO). Those criteria will be formulated and brought forward in the amended WZO. At your hearing of August 23, 1999, the City Council determined the Comprehensive Plan's Goals and Policies relating to the five year residential land supply were to be removed from the draft plan. Specifically, that part of policy D-1-1 that states "Because of the need to plan improvements the City shall insure that there is no more than a three five year supply of buildable residential land..." The Council also removed altogether annexation policy D-7-7 which states "Annexation of residential land shall be regulated to maintain an in ventory of buildable residential land that does not exceed a five year supply." Additionally, suggestions for several grammatical revisions were made. cour cm BILL NO. ! q 0° g' ORDINANCE N°· AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN TO INCORPORATE CERTAIN GOALS AND POLICIES RELATED TO ANNEXATION AND GROWTH MANAGEMENT; AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan has been adopted by the City and acknowledged by the Land Conservation and Development Commission (LCDC); and WHEREAS, certain modifications to the Woodburn Comprehensive Plan regarding annexation and growth management have been proposed; and WHEREAS, the Planning Commission and City Council have conducted public hearings on the proposed Woodburn Comprehensive Plan amendments; and WltEREAS, notice of the proposed amendments has been forwarded by the City to the Department of Land Conservation and Development (DLCD) as provided by state law; NOW, TlllgREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The following sections of the Woodbum Comprehensive Plan are hereby amended to read as follows: L-1 The City's goal is to grow to a population of approximately 26, 000 by the year 2020. This growth shall be orderly and accompanied by the necessary public services. The growth shall be balanced in residential, industrial, and retail sectors of the City. The growth shall not add any additional burdens on the City's taxpayers. L-2 The goal is to assure that aH expansion areas of thc City are served by public facilities and services with adequate capacity. Woodburn is a City that strives to provide a consistent level of quality public services and facilities to all parts &the City. As the City grows, new development must support and maintain the services and facilities that equal or exceed those in the remainder of the community. Consideration of proposals that are in variance with City capacity standards and facility master plans shall require findings of appropriate mitigating measures by the Public Works Department. Other public service providers such as the School District and Page 1 - Council Bill No. Ordinance No. ii1 L-3 L-4 L-5 Fire District also address capacity considerations. The goal is to achieve and maintain City boundaries that supports the efficient delivery of public services. The urban growth boundary of the City defines the limits of urban development and urban services. In defining the urban service area, the City limits shape the pattern of police patrols, park service areas and the neighborhoods residents identify with. The Urban Growth Boundary identifies the ultimate area and shape of the City in the foreseeable future. In order to achieve the efficient delivery of facilities and services, the City must not sprawl as it grows. Rather the City wants to take a pro-active approach and manage growth so that the benefits of a well designed community are achieved. The goal is to limit the amount of vacant land within the City in order to enjoy the benefits of a orderly development pattern, that reduces the rate that farm land is converted to urban use and the optimum use of public service and utility capacity. There are multiple benefits to the community from managing the amount and location of land available for residential use. Quantitative advantages include more effident utilization of existing facilities and services that accrue because the amount of by-passed, undeveloped land is reduced. Thc result includes a more orderly transition in the conversion of farm land to urban uses, conserving agricultural resources in the Urban Growth Boundary to the most practical extent. Furthermore, not only is thc investment in unused and underused facilities avoided, but also the operation and maintenance costs are reduced duc to a more compact development pattern. Based on prindples of supply and demand, reducing the available supply of residential land slows the rate of development which makes it more manageable. With fewer properties available to develop, the value of existing development and property available to development will increase. With an estimated 16 year inventory of vacant single-family residential land within the City the immediate prospect of increased land costs does not materially detract from the potential benefits of the goal. The land resources within the Urban Growth Boundary define the land available for urbanization. It is prudent for the City to manage the conversion of this area to urban use in a step wise fashion that recognizes benefits of efficient service and facility delivery and a cohesive pattern of community development and identity. Equally important is the sense of identity and bonding that occurs as a City grows that make it a community. A City that is built up in a cohesive pattern as it grows avoids the adverse affects of sprawl and leap frog development The goal is to achieve the optimum use of the residential land inventory. Page 2 - Council Bill No. Ordinance No. L-6. L-7 L-8 Managing the geographic expansion of the City provides an opportunity to initiate the objective of encouraging the inclusion of residential enclaves and the development of infill lots as a higher priority than land on the fringes of the City limits. Annexation provides a point to introduce this concept to the City by applying it to new territory added to the City. Another concept is to intensify development along transit corridors due to enhanced accessibility. Increased density may be considered along transit corridors through application of clustering density in PUD's and from more intensive zoning classifications. Annexation provides an opportunity to introduce these concepts into the area by starting with consideration of the requirement in newly annexed areas. The application of minimum densities will be based on target densities that consider transit service, need and community scale. Target density standards will be established based on specific proposals. In so doing the City will promote a wider range of living environments and better serve the needs of a diverse population. The goal is to further the incremental extension of an interconnected street system. An interconnected street system improves the efficiency of movement by providing direct ,linkages between origins and destinations. It also creates alternative routes. Such a system creates stronger ties among activity centers and makes the development of passed over land more attractive. It is common in most communities that streets in new development are "stubbed." This means a dead end street until the stub is potentially connected by a future phase of development. Annexations provide opportunities to emphasize the ultimate extension and completion of streets. The potential benefit is improved connectivity in the street pattern as the City develops. It is the goal to assure the provision of major streets as shown in the Transportation Systems Plan. The TSP lays out the arterial and collector street extensions and improvements necessary to support approximately a doubling of the population within the City. Due to limitations on the responsibility that developers must exercise resardin8 off`site transportation impacts, the City shall hold development accountable for major streets within and abutting the development. In addition, the policy of the City is to emphasize development outward in successive steps and ph~es that avoid unnecessary gaps in the development and improvement of the majo~streets. The goal is to provide opportunities to fulfill community needs identified by the Council. From time to time the site for a facility to service the community is identified at the edge Page 3 - Council Bill No. Ordinance No. 114 Lo9 L-10 L-Il L-12 of the City. The City Council shall hold a public heating on such proposals prior to accepting an annexation application to determine that such facilities are of a community wide scope and that a perimeter location is appropriate. The goal is to reflect the City's development objectives included in the CIP. The Capital Improvement Program (CIP) is the City's process of guiding public investment. Such invest of public funds also serve to leverage private investment that coincide with the City's priorities. In order to leverage the greatest benefit from public projects, special consideration will be considered for compatible and mutually supportive private projects. The goal is to encourage the high standards of design and flexibility that are enabled by the PUD zone. The Planned Unit Development (PUD) is a planning and design technique that provides greater flexibility in design than is allowed in the application of other techniques, such as the standard subdivision process. The benefits of the PUD techniques include allowing development with mixed uses, housing that is sited based on density with compensating open space, and control of architectural review and common land ownership and management. Consequently it provides greater opportunities for creative solutions and diversity than the application of traditional ordinance requirements. The goal is to accommodate industrial and commercial development that provides local employment but does not require special community financial incentives. It is clear that local industrial and commercial development will provide local employment. Such local jobs provide opportunities for local residents and for employees attracted to the Woodburn area. To benefit the community, not only must the development create jobs but it must also operate within the capacity of the City's infrastructure. The City is unwilling to absorb the costs of accommodating new employment that require special financial involvement from the City. The goal is to diversify the local economy. Woodburn seeks to diversify the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors but a choice in employment opportunities that in turn allows for the diversification in income types. Page 4 - Council Bill No. Ordinance No. M. Growth and Urbanization Policies To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services shall be in accordance with the master plans in this Comprehensive Plan. M-2 To insure that the City's growth does not exceed its ability to provide public services, the City shall adopt a growth control ordinance, similar to the Limited Growth Ordinance now in effect. When and if the growth control is used, the City shall reexamine the public facilities plan and determine at that time if it is in the public interest to expand facilities to accommodate the additional growth. M-3 The City's public facilities now being built are to be paid for by the system development charges from the anticipated growth. The provision of facility capacity in excess of that which can be funded by SDC's, and the development that requkes that capacity, will be delayed until it is funded by development or by other funding sources. M-4 The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. M-5 The City and county shall maintain a process providing for an exchange of information and recommendations relating to land use proposals in the urban growth area and.other land use activities be'rog considered within the urban growth area by the county ~ be": : forwarded by the County to the city for comments and recommendations. The City ~ respond within twenty days, unless the City requests and the County grants an extension. M-6 Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City sb~ll forward information regarding the request (~mcluding any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond'unless they request and the City allows additional time to ~ubmit comments before the City makes a decision on the annexation proposal. M-7 All land use actions within the urban growth area and outside the City limits shall be consistent with the City's Comprehensive Plan and the County's land use regulations. M-8 In order to promote consistency and coordination between the City and County, both the City and County shall review and approve amendments of the City's Comprehensive Plan which apply to the portion of the urban growth area outside the City limits. Such changes shall be considered first by the City and referred to the County prior to final adoption. If the County approves a proposed amendment to the City's plan, the change shall be Page 5 - Council Bill No. Ordinance No. M-9 M-10 M-11 adopted by ordinance, and made a part of the County's plan. The area outside the urban growth boundary shall be maintained in rural and resource uses consistent with the Statewide Land Use Planning Goals. The City and County shall strive to enhance the livability of the urban growth area and to promote logical and orderly development therein in a cost effective manner. The County shall not allow urban density uses within the Urban Growth Boundary prior to annexation to the City unless agreed to in writing by the City: City sewer and water facilities shall both be extended beyond the City limits, except as may be agreed to in writing by the City and County. The City shall be responsible for the preparing the public facilities plan. Conversion of land within the boundary to urban uses shall be based on consideration of: co Orderly, economic provisions for public facilities and services; Availability of sufficient land for the various uses to insure choice in the market place; LCDC Goals; Further devdopment of vacant and under utilized residential land within the City's buildable land inventory before annexing additional territory for conversion to residential use at urban densities; and Applicable provisions of the Marion County and City Comprehen.dve Plans. Annention Goals iato 'dethe and eo "phiCareaofthe'City within the urban D-1. The goal gut ahape,, ~..g growth boundary ~o the City limit~: . Define a compact service area for the C~itlr, B.Reflect a cohesive land area that la 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. D-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. D-3. The goal is 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. Page 6 - Council Bill No. Ordinance No. b. Providing the opportunity for the urban in-fill of vacant and under utilized property that is 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 benefitted residents and development by incorporating all territory into the City limits that will be of benefit. D-4. The goal is to use annexation as a tool to guide: a. The direction, shape and pattern of urban development; b. Smooth transitions in the physical identity and the development pattern of the community; and c. The efficient use and extension of City facilities and services. D-5 The goal is to balance residential development wi~ public fadlifie~ and....s~.' ~c,~.. with other of land use in order to allow the community to and types .... .~: :~,,~ ,:~.~,. -:..-. equilibrium as it assimilates growth. · . Annexation. Policies i:!' ~ :',/r :' 't ;_'.: i:.' ,.i¥.-"~,~ll : ,~,~,~ff-,~....; ~ . : , .. . 7aga ....o~ ...... . o .. ..... . --..: . - ..... i/ailable to allow "'eSsential to pr~%t too mUch'land beir~ ifi~lUcled rathe -- inatqlcient, sprawling development...7 : .. :, '2:. . '. '" .. :. ,' land annexed to,the City west of Interstate 5, a de .udled Transpo .~.?..n..~~ Study with Oregon Department of Transportation involvement wm ce req~-~ ^ notification period of 45 days will be provided the Department of Transportation to respond to the before mentioned proposal prior to final City action. The City shall insure that any necessary improvements to 1-5 or State Highway 214 requked by the development of such lands are provided for prior to the issuance of building permits. It is recognized that the Department of Transportation and City will work with developers in transportation issues. Further, the Department of Transportation may not be able to fund such improvements. Page 7 - Council Bill No. Ordinance No. D-3-3 D-4-4 D-5-5 D-6-6 It is also understood by the affected parties that the proposed 100 acre Light Industrial site south of Highway 214 will be issued no more than two access permits to Highway 214. One of these will be at M.P. 36.2396 (Woodland Avenue between M.P. 36.46689). The City of Woodburn shall actively manage the location, timing, type and amount of land added to the City. Prior to deeming an annexation application complete, the applicant for an annexation shall participate in a mandatory pre-application meeting with City staff. The purpose of the meeting is to assess conformance with the City's goals, policies standards and criteria regarding annexation. A complete annexation petition/application shall be required to include: All the territory that will be enclaved by the petition, or bo Document the lack of consent by the enclaved property owners or by the resident electors necessary to include the enclave(s) as part of the consent annexation application Annexation applications that do not conform with the annexation criteria and standards may be considered by the Planning Commission, after a public hearing, for an exception. The Commission may grant an exception based on findings of special circumstances and of ~bstantial conformance with the criteria and ~ndards based on mitigating measures. The City Council may review the Commission's action. Section 2. This amendment to the Comprehensive Plan is justified by the legislative findings which are st'fixed as Attachment "A" and, by this reference, incorporated herein. Section 3. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. _ Approved asto fonn~~ i~... [0- t~ City Attorney Date Approved: Richard Jennings, Mayor Page 8 - Council Bill No. Ordinance No. ATTACHMENT /~ Page ! of ,.~ FINDINGS APPLICABLE STATEWIDE PLANNING GOALS II HI V Statewide Planning Goal 2 "Land Use Planing" FINDING: /he proposed ~mendment includes an adequate factual basis to support it's adoption. This consists of an extensive buildable lands inventory. /he goal requires Woodburn to coordinate amendments to its Comprehensive Plan with affected governmental units. To the extent these amendments affect land use decisions involving Marion County and the Land Conservation and Development Commission, the City has coordinated its action with these two governmental entities by referring them to these agencies and taking their comments into consideration. Statewide Planning Goal 9 "Economic Development" This goal requires the City "To provide adequate opportunities"...for a variety of economic activities vital to the health, welfare, and prosperity..." of it's citizens. FINDING: This City finds Woodburn 's Comprehensive Plan and Growth Management and Annexation Goals and Policies promote and support programs that improve the health of the local economy. Statewide Planning Goal 10 "Housing" This goal requires cities to "Encourage the availability of adequate numbers of needed housing units at price ranges and rent levels...cornmensurate with the financial capabilities of Oregon households." FINDING: The City can firid that its comprehensive plan encourages a variety of housing types to accommodate the demands of the local housing market. Statewide Planning Goal 11 "Public Facilities and Services" The goal encourages "a timely, orderly and efficient arrangement of public facilities and services to serve asa framework for urban and rural development." FINDING: The city finds that it's wastewater, water and transportation plans call for services to be provided in an orderly manner to allow the transition of rural land to urban uses. Statewide Planning Goal 14 "Urbanization" This goal calls for the "orderly and efficient transition from rural to urban land uses." FINDING: The City finds the intent of the Growth Management and Annexation Goals and Policies are to carry out specific objectives by providingfor the orderly provision of public Page I - Findings 1 ATTACHMENT Page ,-~ of services, increases the opportunity for a variety of land uses, allows the development of urban areas prior to the conversion of urbanizable areas and maintains its ability to control growth. Statewide Goals 1, 3, 4, 5, 6, 7, 8, 12 and 13-19 FINDING: 1,3,4,5,6, 19). These goals are presently addressed in the City's Comprehensive Plan (Goals 7, 8 and I2) or the goals physical characteristics are not present (Goals 15- Comprehensive Plan Amendment Criteria Chapter 16 Section 16.050 (a) The proposal complies with all applicable statewide goals and guidelines. FINDING: The City finds the proposed growth management and annexation goals and policies comply with all applicable statewide goals and guidelines. Co) The proposal complies with the remaining goals and policies of the comprehensive plan. FINDI~IG: The proposed amendments are found to complement the goals and policies in the Woodburn Comprehensive Plan Chapter X A through N. (¢) There is a clearly demonstrated public need for the proposed amendment. FINDI/qG: It has been demonstrated through the buildable lands inventory and population projections the need to control growth to insure that city has the ability to adequately provide future public services and facilities. (d) The proposal best satisfies the public need. FINDING: The Cityfinds the proposed amendments insure that sufficient landis available to provide choices in the market place. FINDING: Woodburn has experienced rapid growth which necessitates modifying the growth management and annexation practices to preserve the quality of life and municipal services and facilities of the City. Presently these goals and policies are found to be inadequate as a tool to control growth. FINDING: To insure the City can provide adequate public facilities and services over that timeframe requires that measures be implemented that control the rate at which property is annexed to the City. Page 2 - Findings 2 ATTACHMENT Page~ ~ of FINDING: The Growth Management and Annexation Policies initiated by the City are meant to primarily curb the rate of residential growth. FACT: The City's present population is 16,585. It is forecasted to have a population of 26,260 by the year 2020. FACT: Presently the City has 472 acres ofbuildable residential land within it's Urban Growth Boundary the majority of this land is outside the City's incorporated limits. FACT: Based on past growth trends it is estimated a total of 350 acres will be needed to meet single family residential market demands. FACT: The City presently has 131.1 acres of high density residential land available for development. 3 COUNCIL BILL NO. ! ~'~? RESOLUTION NO. //5 ~jO A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED WEST OF BOONES FERRY ROAD AND SOUTH OF COUNTRY CLUB ROAD. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on October 25, 1999 is declared to be the time set for public hearing before the Woodbum City Council on whether the City of Woodbum shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in four publ~ places in the City for a like period. City Attorney Date APPROVP~D. RICHARD/ENNINGS, 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 Recorder Page I - COUNCIL BILL NO. RESOLUTION NO. Legal Description EXHIBIT "A" I I PARCEL I: ,, Beginning at a point which is South 87° 44' 55 East 1035.90 feet along the South line of Country Club Road and South 2° 15' 05" West 266.74 feet from the Northeast corner of Lot 14, Block 23, Woodburn Senior Estates No. 2 and being in Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon; thence South 87° 22' 47" East 349.36 feet to a point on the West line of Boones Ferry Road; thence North 15° 45' 05" East along said West line 102.82 feet to the Southeast corner of the Pacific Northwest Bell tract as recorded in Volume 640, Page 017, Marion County Deed Records; thence North 87° 43' 46" West 200' 01 feet along the South line of said Bell Tract to the Southwest cor~er t~ereof; t~e~ce Nort]~ 15° 45' 35" East 173.75 feet along t~e West l~e of said Bell Tract to t~e Nort]~west Corner t~ereof; thence North 87° 44' 55" West 213.92 feet along the South line of Country Club Road to the place of beginning. SAVE AND EXCEPT the Easterly 4 feet along Boones Ferry Road dedicated to Marion County for roadway purposes, as described in Warranty Deed, dated May 8, 1986, and recorded May 23, 1986, in Oregon. Reel 464, Page 70, Microfilm Records, Marion County,~ SAVE AND EXCEPT all minerals and mineral rights more particularly described as, but not limited to the following: All minerals, coal, carbons, hydrocarbons, oil, gas, chemical elements and compounds whether in solid, liquid or gaseous form, and all stea~ and other forms of thermal energy on, in or under the above-described land. I 36977050/Exhibit B.docldep 05128199 1:51 PM -1 Ix~gal Description EXHIBIT "A" '1 PARCEL II: Beginning at the Southeast corner of Lot 1, Elmendorf Acres, thence North 860 59' West along the South line of said lot, 348.50 feet, thence North 3° 01' East at right angles to the South line of said Lot, 120.00 feet; thence South 860 59' East parallel with the South line of said Lot, 376.43 feet to the East line thereof; thence South 160 07' West along the East line of said Lot, 123 .24 feet to the place of beginning- PARCEL III: Beginning at a point in the North line of the B.F. Hall Donation L~nd Claim ToWnship 5 South, Range 1 and 2 West of the Willamette Meridian, Marion CoUnty· Oregon, at the intersection of said North line.with the center line of Boom's Ferry Road; thence South 13° 27' West along 'said center line 120.00 feet; thence North 87° 25' West, parallel with the North line of said Donation L_and Claim, 300.00 feet; thence North 130 27' East, parallel with the center line of said road, 120.00 feet to the North line of said Donation La_nd Claim; thence South 870 25' East along-said North line 300.00 feet to the place of beginning- PARCEL IV: Beginning at an iron pipe in the North line of the B.F. Hall Donation Land claim No. 51, in Section 7, Township 5 South, Range 1 West of the Will.a~aette Meridian in Marion CoUnty, Oregon, which is 2365.59 feet South 87° 25' East from the Northwest corner of said claim No. 51; thence South 2° 33' 09" West 117.88 feet to an iron rod; thence S6uth 87° 24' 53" East, parallel with the North line of said Claim No. 51, 57.06 feet to the Southwest corner of the Eugene Gascho, et al, tract described in Reel 185, Page 0254, Marion county Deed Records; thence North 13° 23' 00" East, parallel with Boones Ferry Road, 120.00 feet to the Northwest corner of said Gascho tract; thence North 87° 24' 53" West 79.61 feet to the place of beginning. / 36977050/E~chibit B .doc/dep 0512,8199 1:51 PM Legal Description EXHIBIT "A" PARCEL V: 44" - Beginning at a point which is South 02° 30' West 117 87 feet from the most Southeasterly corner of that parcel described in Reel 205 page 1954 Marion County Deed Records, Marion County, · ' thence South Oregon; thence South 02° 30' 44" West 115.00 feet; 87° 22' 12" East 148.00 feet; thence South 02° 37' 48" West 12.00 feet; thence South 870 22' 12" East 28.00 feet; thence North 02° 37' 48" East 12.00 feet; thence South 87° 22' 12" East 128.23 feet to the West right of way line of Boones Ferry Road; thence North 13° 24' 59'· East along said West right of way line 117.07 feet; t~ence North 87o 22' 12" West 326.37 feet to the place of beginning- 36977050/Exhibil B.d'ocYdqo 05/28/99 1:51 PM IIIIIIIIIIIII]1 IIIIIIIIIIIIII RL. q) EXHIBIT ," OG~ =IS 116. COUNCIL BILL NO. I ~ qO RESOLUTION NO. /D-'D-/ A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF AZTEC DRIVE EAST OF HIGHWAY 99E. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on October 25, 1999 is declared to be the time set for public hearing before the Woodbum City Council on whether the City of Woodbum shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shaklee posted~ places in the City for a like period. % q- City Attorney Date APPROVED RICHARD J~2qNINGS, 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 Recorder Page I - COUNCIL BILL NO. RESOLUTION NO. I Ir.,. Legal Description: Tax lots 4400,4500,4600 EXHIBIT 'IA" A parcel of tand situate in the N.W 1/4 Section 17, Township 5 South; Range 1 West of the Willamette Meridian, City of Woodburn, Marion County, Oregon, said parcel is more padicularly described as fallows Parcel 1: Beginning at and iron rod which is6.147 chains North 87° 00' East and 34.135 chains North 32° 21' East and 401.94 feet South 89° 11' East and 338.57 feet South 01 ° 51' East from the southwest cornerlof the E.C. Cooley Donation Land Claim in section 17, Township 5 South, Range 1 West of the Willamette Meridian in Marion County Oregon, said point of beginning being the southwest corner of that certain tract of land conveyed to Quentin Hollars, et al, by deed recorded in Volume 595, Page 811, Deed Records for Marion County, Oregon; and running ther~ce South 89" 11' East, along the south line of said Hollars'tract, 256.74 feet to an iron rod ~t the southeast corner thereof; thence Nodh 01 ° 51' West, along the east line of said Holl~s tract, 140.00 feet to an iron rod; thence North 89" 11' West, 256.74 feet to an Iron rod !in the west line of said Hollars tract; thence South 01 ° 51' East, 140.00 feet to the point of beginning. Parcel 2: Beginning at a point ion the West boundary of that tract of land deeded to Isabell M. Duke and DOris Antonia ,Perez by deed recorded in Reel 22, Page 1296, Marion County Deed Records at a point ,~.571 chains South of the Northwest comer of said tract of land; thence running South 1° 3~1' East 2.571 chains to the south boundary of said tract of land, at a point 5.835 chains North 88° 32' West from the southeast comer of said tract of land; thence South 88° 32' Ea~.t along the south boundary of said tract of land 1.945 chains; thence North 1° 34' West :~.571 chains to a point on the East boundary of said tract of land at a point at a point 2.571 ichains South of the northeast comer of said tract of land; thence North 88° 32' West 1.945 ~hains to the place of beginning. Said Parcel contains 1.32 Acres more or less. 116. EXHIBIT "A" _ L., ' ;, ' ' i r. I ,ii. lrtE NW ! / J OF .-, ~' :- ! I ¥ C'F WOOD6URN. ~UGUSI 5. S£Cll0N 17, T 5.S., R } w ~A~]0r4 COUNTY. OREGON 1994 ¥ICINIIY NAP cEGE~ ¥ILHELH EI~INEE.qlI~. IN( lid COUNCIL BILL NO. RESOLUTION NO. I~QI A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City has, for several years, participated in the Chemeketa Cooperative Regional Library Service (CCRLS); and WHEREAS, participation in CCRLS enables city resident to have access to free reciprocal borrowing privileges and use of an automated library system involving other participating libraries; and Wl:IEREAS, it is in the interest of the City to continue this service, NOW, THEREFORE, CITY OF WOODBURN RESOLVES AS FOI,IOWS: Section 1. That the Mayor is authorized to execute an Intergovernmental Agreement Contract Amendment with Chemeketa community College for participation in the Chemeketa Gooperative Regional Library Service (CCRLS). Section 2. That a copy of said agreement is attached hereto end, by this reference, is incorporated herein. City Attorney Date Approved: Richard lennings, 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 1 - Council Bill No. Resolution No. REGIONAL LIBRARY CONTRACT NUMBER CHANGE LETTER //089 - 97 C INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT This amendment is made and entered into for the period of July 1, 1999 through June 30, 2000, by and between CHEMEKETA COMMUNITY COLLEGE hereinafter called COLLEGE and WOODBURN, OREGON, an Oregon municipal corporation, hereinafter called the CITY. 1. Addendum number three (3) to original contract number 08997. The contract entered into on November 13, 1996, between the COLLEGE and CITY shall be amended as follows: 2.0 COMPENSATION, point 2.1 is changed to read as follows: The COLLEGE will make the following payments to the CITY as compensation for the CITY providing nonresident library service for the residents of the COIJ.RGE District. Payments in 1999-00 shall be based on circulation and renewals of CITY materials as counted by the CCRLS automated integrated library system. CITY shall be reimbursed for each circulation and renewal of its materials to district residents outside its CITY boundaries, but within the COIJJ~.GE district. Of the $673,462.00 designated for reimbursement among CCRLS libraries in 1999-00, $168,365.50 shall be paid each quarter. CITY'S share of each quarter's reimbursement shall be computed based upon its percentage of the total circulations and renewals made that quarter by CCRI_B libraries to district residents. 2.0 COMPENSATION, subsection point 2.2 is added which reads as follows: The COLLEGE shall pay the CITY for each net loan provided, i.e., the difference between the number of CITY items loaned to and checked out in another library and the number of items owned by other libraries borrowed and checked out by the CITY library. Tabulation of net loans shall be provided by the CCRLS automated integrated library system. A budget of $45,000 shall be designated for this program for 1999-00 with $11,250 budgeted each quarter. The CITY shall be paid its pro rata share on a quarterly basis. 3.0 Responsibilities of College, subsection point 3.1.3 n is changed to read as follows: COLLEGE provide free reciprocal borrowing privileges to card carrying residents of the CITY. In serving card holding CCRLS district nonresident patrons, within specific cities' geographic zones, COLLEGE shall abide by each CITY's rules and procedures regarding borrowing privileges. In no case shall card holding residents of the CCRLS district receive less than the basic level of service from COLLEGE. 4.0 Responsibilities of City, subsection point 4.1.1 is changed to read as follows: CITY will provide at least tile basic level of service to nonresidents within CITY's geographic zone. (Attachmen! B). Basic level of service is defined its one checkout and one hold per person at a time, utili×ing individual rather than household cards. CITY shall provide free borrowing privileges lo card holding rcsidenls of other participating CCRI~$ cities (including Silver Falls District.) In serving card holding CCRL'5's district nonresident patrons from other t>articipalii~g cities' geographic zones, CITY shall abide by other participating cities' rules and procedures regarding borrowing privileges. In ilo case shall card holding residents of thc CCRLS district receive less than the basic level of service from CITY. CITY shall provide full borrowing privileges for all currently registered COLLEGE students who present a valid library card. CITY shall notify each current non-resident card holder within its geographic zone at least 30 days prior to instituting a fee for service above the basic level. No advance notification is necessary for fee increases. o In performing the above, it is understood and agreed that all other terms and conditions of the original contract are still in effect. SIGNATURES This contract and any changes, alterations, modifications, or amendments to it shall not be effective until approved by the appropriate representative of the parties hereto. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. FOR THE CITY OF WOODBURN: FOR CHEMEKETA COMMUNITY COLLEGE: Signature Dick Jennings Mayor City of WOODBURN Signature Mariann Hyland Director - Public Safety, Risk Mgmt, Contracts Date APPROVED: Date Linda Sprauer Library Director EXHIBIT A CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE 1999 - 2000 Advisory Committee Members Robert Dodge, Chairperson Yamhill County Lay Member 914 N. W. Sunnywood Court McMinnville, OR 97128 Phone: (h)472-5535 Internet: rdodge@onlinemac.com Term expires: 6/30/00 Richard E. Leinaweaver, Vice Chair Marion County Lay Member 711 East Main Street Silverton, OR 97381 Phone: (b) 873-3435 Term expires: 6/30/02 Kevin Marshall Polk County Lay Member 1048 S. W. Clay Street Dallas, OR 97338 Phone: (b) 623-5081 Term expires: 6/30/02 Ron Baker Director - Monmouth Public Library 168 S. Ecols Street Monmouth, OR 97361 Phone: C0)838-1932 FAX: 838-3899 Interact: ron@monmouth.chemek.cc.or.us Term expires: 6/30/01 Connie Bennett Director - Silver Falls Library District 410 S. Water Street Silverton, OR 97381 Phone: Co)873-6513 FAX: 873-6227 Internet: connieb@ccfls.org Term expires: 6/30/00 Sue Buel Yamhill County Lay Member 20625 S.W. Highway 18 McMinnville, OR 97128 Phone: (h)843-2009 Term expires: 6/30/01 Linda Cochrane CCRLS Coordinator - Chemeketa College 4000 Lancaster Drive/P. O. Box 14007 Salem, OR 97309-7070 Phone: 9b)399-5105 FAX: 589-7628 Internet: cocl @chemeketa.edu Leah Griffith Director - Newberg Public Library 503 East Hancock Street Newberg, OR 97132 Phone: 538-1256 FAX: 538-9720 Internet: leahg@ccrls.org Term expires: 6/30/02 George Happ Director - Salem Public Library 585 Liberty Street S.E./P.O. Box 148 I0 Salem, OR 97309 Phone: (b)588-6071 FAX: 588-6055 Internet: ghapp@opcn.org Harvey Jobe Polk County Lay Member 414 Stadium Dr. S. Monmouth, OR 97361 Phone: (b)838-0480 x232 (h)838-5768 Internet: hjobe@central.k 12.or.us Term expires: 6/30/01 Ellen D. Levine Marion County Lay Member term: 6/30/00 4039 Oakman Street S. Salem, OR 97302 Phone: (b)399-5239 (h)371-3974 Term expires: 6/30/00 Ex Officio Members Janet Snowhill, Automated Systems Coordinator 4000 Lancaster Drive/P. O. Box 14007 Salem, OR 97309-7070 Phone: (b)399-5202 Dave Galati, Executive Administrative Mid-Willamette Council of Government 105 High Street S. E. Salem, Oregon 97301-3667 Phone: (b)588-6177 FAX: 588-6094 Internet: dgalati@open.org Mary Ginnane, Admin. of Library Development State Library Building Salem, OR 97310 Phone: (b)378-2112 X225 Internet: mary.j.ginnane @ state.or.us Toni Rose, PYM Chair Director - Sheridan Public Library 142 N.W. Yamhill/P. O. Box 248 Sheridan, OR 97378 Phone: (b)843-3420 Kent Taylor, City Manager of McMinnville 230 E. Second Street McMinnville, OR 97128 Phone: (b)434-7302 Internet: [aylork @cl.mcminnville.or.us Recording Secretary_ Eileen Buyserie, Secretary 4000 Lancaster Drive NE/P. O. Box 14007 Salem, OR 97309-7070 Phone: (b)399-5039 FAX: 589-762~ Revised 6/9c) EXItlBIT B I)ESI(;NATEI) IABIIARII~;S with Ibc l~aI'ticipaling C¢'I-II~S library indicated in thc righ! colunm Aurora Woodl,urn Brooks Salem Bucna Vista Independence Carlton McMinnvillc Donald Woodburn Detroit Lyons Falls City Dallas Gates Lyons Ge~ais Woodbum Grand Ronde Willamina Hubbard Woodbum Idanha Lyons Keizer Salem Lafayette McMinnville Marion Stayton Mill City Lyons Monitor Mt. Angel Ric~eall Dall~ St. Benedict Mt. Angel St. Paul Newberg Scotts Mills Silver Falls District Sublimity Stayton Turner Salem Yamhill McMinnville Phone prefixes 859,897,854 Lyons Phone prefix 769 Stayton TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL JOHN C. BROWN, CITY ADMINISTRATOR IMPLEMENTING RESOLUTIONS FOR REIMBURSEMENT DISTRICTS SEPTEMBER 10, 1999 RECOMMENDATION: Adopt the attached resolutions association with cost recovery for traffic signal and Arney Road realignment, widening and storm drain. BACKGROUND AND DISCUSSION: Informational hearings associated with the Public Works Director's Report on proposed Reimbursement Districts for Arno/Road and traffic signal improvements for the Woodburn Company Stores will be considered at your September 13, 1999 meeting. Enabling resolutions associated with the proposed reimbursement districts are attached for your consideration and approval. These resolutions are continsent upon the outcome of the scheduled heari~s and may be approved only if the City Council has approved the Public Works director's Report as presented. cou cmnn NO. 4 m~SOLtrnoN NO. / '~ ~ ~ AN RESOLUTION ESTABLISHING A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF A TRAFFIC SIGNAL PUBLIC IMPROVEMENT LOCATED AT STATE HIGHWAY 219 AND WOODLAND AVENUE; DESIGNATING ~ REIMBURSEMENT FEES PAYABLE BY PARCELS LOCATED WITHIN THE DISTRICT BOUNDARIES; FIXING THE ADMINISTRATION CHARGE AND INTEREST RATE; AND SETTING AN EFFECTIVE DATE. WHEREAS, Craig Realty Group, Woodburn LLC (hereinaf~er"the Developer") previously applied for and was granted land use approvals by the City for Phase I of its development project in 1998; and WHEREAS, one condition of development approval was that the Developer install a traffio signal at the intersection of State Highway 219 and Woodland Avenue; and Ve'lw~, there are properties which are not owned by the Developer which will benefit by construction of the traffic signal; and Virm~E~, the City Council previously passed Ordinance 'No. 2237, "An Ordinance Establishing a Process for th~ Formation of a Reim~ Dlstri~ in Order lo Provide a Me~ IVhereby the Properfiez Brhish Will Benefit by the~ ~ction of .~ .Required Public ~"~ ~er ~ No. 2237 f°r th~'~~~n of the tr~__mo ~al publio state mshway WI~IRF2~, the Public Works 'Dkector has 'reviewed and'evaluated the Developer's application and has submitted a written report to the City Council; and ~RR~, the City has provided mailed notice ofthe proposed reimbursement district to the Developer and all owners of property within the proposed district; and WIW~REAS, the City Council held an informational public hearing on September 13, 1999, to consider the Public Works Dire~x~r's report and to allow any interested persons an opportunity to comment on formation of the proposed reimbursement district; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLIOWS: Section 1. The Public Works Director's report, attached to this resolution as Exhibit A, and by this reference incorporated herein, is hereby approved. Page 1 - COUNCIL BILL NO. RESOLUTION NO. Section 2. A reimbursement district for the construction of the traffic signal public improvement, located at State Highway 219 and Woodland Avenue is hereby established. Section 3. Payment of the applicable reimbursement fee specified in the Public Works Director's report is a precondition of receiving City permits applicable to the development of parcels located within the reimbursement district pursuant to Ordinance No. 2237. Section 4. The amount of the administration charge, payable to the City by the Developer at the time the agreement specified in Section 6 below is signed, shall be fixed at $1,762.66. Section 5. The interest rate to be applied to the reimbursement fees is set at 8.25%. This interest rate shall be computed against the reimbursement fee as simple interest and shall not compound. Accrual of interest shall start 30 days after this resolution is effective. Section 6. The City Administrator is instructed to enter into an agreement with the Developer, as specified in Section 6 C of Ordinance 2237. The form of this agreement is attached to this resolution as Exhibit B and is, by this reference, incorporated herein Section 7. This resolution is effective at the time the agreement referred to in Section 6 is signed by both parties. Approved as to City Attorney Date by the Council Submitted to the Mayor Approved by the Mayor F'ded in the Office ofthe Recorder APPROVED: Richard 1enn~ Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT ~ Page _L._ of PUBLIC WORKS DIRECTOR'S REPORT In Response to Application by Craig Realty Group, Woodburn LLC for Establishment of a Reimbursement District for Traffic Signal Installation at the Woodland Avenue/Highway 219 Intersection in the proposed Amount of $160,263 lIE SECTION 1: CONTENT OF PUBLIC WORKS DIRECTOR'S REPORT This report follows the criteria established in Ordinance 2237 which was approved by council on June 28, 1999. This written report considers and makes a recommendation concerning each of the following factors: The project, Attachment "A", for which an application has been made for formation of a reimbursement district, the reasons for the cost distribution proposal and an evaluation of the public interest served by the project. The actual or contracted cost of the public improvement serving the area of the proposed reimbursement district and the portion of'the public improvement cost that is reimbursable. C. The bOundary and size of the reimbursement district. A methodology for spreading the cost among ~?e Properties within the rei~bur{ement district and~ where ai~0p~i~te~';,.,.aefining a 'unit' for. aPPlying the reimbursement fee to property which maY,:with City approval, be partitioned, subdivided, altered or modified at some future date. Ee The amount to-be charged by the City for an administration fee for the reimbursement agreement. The adminiStration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed. SECTION 2: APPLICATION FOR ESTABLISHMENT OF REIMBURSEMENT DISTRICT Craig Realty Group, Woodburn LLC made application to the City of Woodburn for the establishment of a reimbursement district for a public improvement as outlined in Section 2 of City of Woodburn Ordinance 2237. The project is: The installation of a traffic signal at the intersection of Woodland Avenue and State Highway 219 including related pavement improvements. Page 1 of 5 - Public Works Director's Report EXHIBIT Page ~ of lie The application was made in accordance with the requirements of Section 2 of Ordinance 2237. Clarifying communication on the application is also included. I have read the project description in the application, reviewed project plans, reviewed the project with technical staff and have made site visits which indicated that the Woodland Avenue/Highway 219 traffic signal improvements have been designed and constructed to comply with city standards which provide safe and effective transportation service to the affected area. The concept of financing this project utilizing a Local Improvement District (LID) has been acceptable to the City Council. This improvement has been considered to be important and beneficial to the properties in the area and, therefore, cost sharing conditions were placed on certain properties prior to the site developmental approval by the council. The properties which have not, at this time, made application for any development but which will benefit from the improvements, when developed, are included in the reimbursement district. Although the developer did not utilize the LID process, the developer did discuss this concept as well as the concept of voluntary cost sharing among the property owners by agreement without city involvement. The reimbursement district, if approved by council, will provide a mechanism for cost distribution among the properties which benefit from the improvements made by the applicant. In the absence of the LID process or an agreement among the benefitted property owners, it is fair and in the public interest to create a reimbursement district for Woodland Avenue/Highway 219 traffic signal improvements because the improvement provides a safer and more efficient transportation system tO benefit the public and is an identified project in the city's Transportation System Plan. SECTION 3: FINANCING FOR THE WOODLAND AVENUE/219 TRAFFIC SIGNAL IMPROVEMENT REIMBURSEMENT DISTRICT The developer indicates that he has financed all of the costs associated with the traffic signal improvement and the services provided by this public improvement are available to property other than that owned by the developer, The costs financed by the developer were included in the application. SECTION 4: COST OF THE PUBLIC IMPROVEMENT SERVING THE PROPOSED REIMBURSEMENT DISTRICT The cost of the traffic signal improvements at the intersection of Woodland Avenue and Highway 219 after modification is $ 175,266. The application fee of $1,000 is a reimbursable expense as allowed by ordinance. The improvement costs provided by Page 2 of 5 - Public Works Director's Report EXHIBIT 'A Page~ of /(~ Craig Realty Group in their application were modified by the City Engineer after review. It is recommended that the final reimbursable cost, not subject to future changes, be established at $ 176,266.00. The modification allocated appropriate roadway improvement costs reported in the Arney Road application, associated with the construction of the traffic signal, to the project. Costs for an ineligible concrete island were removed. A small portion of the storm drainage system improvement costs, belonging with the intersection project, and approximately 30' of pavement improvements on Woodland Avenue for proper lane configuration have been transferred from the Arney Road/Woodland Avenue portion of the project. The construction cost of storm drain improvement transfer has been $7,610 and the street portion of the cost has been $5,999. The unit costs from previously awarded city contracts were compared with and utilized to determine the overall cost of the project. Also, the engineer's estimate provided by the developer was utilized for comparison purposes. Ilk" SECTION 5: BOUNDARY AND SIZE OF THE REIMBURSEMENT DISTRICT Craig Development Realty, Waremart Inc., and Offspring Holdings-Hershberger were conditioned in their land use approvals that they contribute to the costs of the Woodland Avenue traffic signal improvement when traffic increased to a level that a signal was warranted. In accordance with Ordinance 2237 the reimbursement district provides a mechanism whereby both previously conditioned properties'and futUre development properties will share in the costs of the public improvements that hav~ been constrUcted by Craig Realty Group-Woodburn LLC. Property owned by or dedicated to the City Or the State of Oregon is excluded from the reimbursement district. Miles Chevrolet, which was proposed to be included as a reimbursement district property in the developer's application, was not previously conditioned and is, therefore, not eligible for inclusion in the reimbursement district by the ordinance. It appears that Miles Chevrolet was not conditioned to share the Cost Of this traffic signal because of the requirement to dedicate right of way so that connection of Arney Road and Woodland Avenue could take place and the requirement to construct a portion of the connecting roadway. There are certain other undeveloped properties, which are development in the future, in the vicinity of the new traffic signal that will benefit from the improvement. They include one parcel owned by Dale W. Baker, one parcel owned by Craig Development Realty and two parcels owned by Moore Clear Company. Page 3 o! 5 - Public Works Director's Report EXHIBIT Page ~ of For cost distribution purposes, the following properties are recommended to be part of the proposed reimbursement district for the traffic signal improvements at the intersection of Woodland Avenue and Highway 21 9: 1. Dale W. Baker 2. Waremart, Inc. 3. Craig Realty Group (two parcels) 4. Moore Clear Company (two parcels) 5. Offspring Holdings-Hershberger These properties are further defined in Attachment "B" SECTION 6: METHODOLOGY FOR REIMBURSEMENT FEE ALLOCATION TO REIMBURSEMENT DISTRICT The reimbursement district for the traffic signal includes both commercially and industrially zoned land. In a situation where land uses of the reimbursement district properties were common, land area would be a logical method to determine the proportion of benefits. Commercially'zoned property, however, has different traffic impacts on the transportation system than industrially zoned property. The area method by itself, therefore, would not fairly proportion costs in this situation. A method that utilizes the area of the properties in conjunction with the traffic generation created by each property was selected as the method to fairly proportion the impacts'of the reimbursement district properties-for the trafficsign~! c°Sts;:!~.iThe ~affic generation portion of the distribution method'Will be apportioned 1011!the'basis of.,the number of average daily trips generated for the deVelopment. It has :been determined that, to avoid an unreasonable subsidy to any property, a reasonable split will be to factor the area of properties at seventy-five percent (75%) and traffic generation at twenty-five percent (25 %). The traffic generation impacts 'of the developed properties will be based on the traffic generation that was used as the basis for the computation of traffic impact fees. Traffic generation for an additional 70,000 square feet of warehouse space planned in the future was included in the Waremart traffic generation. The potential traffic generation of the undeveloped parcels must also then be considered from the potential for traffic generation associated with traffic impact fees. The undeveloped Craig Realty property is intended to be developed as follow on phases of the factory outlet center and potential use would be evaluated for that use. Craig Realty, in their proposal for phase two and three of the factory outlet center, indicated that an additional 162,000 square feet of store area would be built on the undeveloped Page 4 of 5 - Public Works Director's Report portion of their property. The other undeveloped properties have no planned use at this time, therefore, these parcels would be considered at a best reasonable commercial use that may be anticipated for that particular parcel. The following are those best reasonable uses for those properties' Property Dale W. Baker Moore Clear Parcel 1 Moore Clear Parcel 2 Best Reasonable Use 2,500 Square Foot Fast Food 2,500 Square Foot Fast Food 9,000 Square Foot Sit Down Restaurant The traffic generation for the planned use of the Craig Realty property and the best reasonable use for the three properties listed above will also be determined on the basis of trip generation that would be the basis for traffic impact fee computation for each of the uses described above. Attachment "C" includes the distribution of costs to the reimbursement district properties based on the area and trips-generated-per-vehicle. SECTION 7' ADMINISTRATIVE FEE AND INTEREST RATE TO BE APPLIED TO REIMBURSEMENT DISTRICT A. is recommended that the administration fee as outlined in Section 3 of Ordinance 2237 be one percent (1%) of the project cost. It is recommended that the interest rate to be applied to the unpaid reimbursement fee be fixed at eight and one-fourth percent (8.25%), the prime interest rate on September 1, 1999. It is proPosed that the interest accrual on the reimbursement fee start 30 days after the effective date of the formation of the reimbursementj district. The approved ordinance defines, that the interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. RR\TRAFFICSIGNAL-PWDirecRpt Page 5 of 5 - Public Works Director's Report ATTACHMENT "A" 15age ~ of Page 1 of 2 ID TRAFFIC SIGNAL AT HIGHWAY 219/WOODLAND AVENUE Looking South on Woodlan~d Avenue at Traffic Signal at Highway 219 Intersection DESCRIPTION: Installation of a new traffic signal with single pole mast arms and pedestrian boxes at each of the four corners. Traffic detector loops extend approximately 65' from the signal on Woodland Avenue and approximately 230' from the signal on Highway 219. The intersection was modified to allow two left turn lanes on southbound Woodland Avenue. The southeast corner of the intersection was widened to allow safe truck turning movements from Woodland Avenue. ADA sidewalk ramps and bike lanes were also included. A'n'AC H M E N T "A" MAP SHOWING TRAFFIC SIGNAL/PAVEMENT IM PRO¥ AT WOODLAND AVENUE/HVVY. ~BA¥ ~]N~rIQ ATTACHMENT "B" Page 1 of 2 EXHIBIT '~ Page __~__ of 70 PROPOSED REIMBURSEMENT DISTRICT PROPERTIES In Accordance with Ordinance 2337 STATE HIGHWAY 219 AND WOODLAND AVENUE SIGNAL Marion County Map Number 1. 052W11 2. 052W12B 3. 052W12B 4. 052WI2B 5. 052W12B 6. 052W12B 7. 052W12B RR~Reimbu rseDistProperlies Tax Lot(s) 100 Property Owner Waremart, Inc. 1101 Dale W. Baker 600 601 701 200 301 702 800 101 Moore Clear Co. (P. arcei 1) Moore Clear Co. (Parcel 2) Offsprings Holdings,'LLC Craig Realty Group - Woodburn, LLC (Parcel 1) Craig Realty Group Woodburn, LLC (Parcel 2) Mailing Address c/o Burke & Nickel 3336 E. 32"~ St Suite 317 Tulsa, OK.74135 2874 Newberg Hwy Woodbum, OR 97071 535 Third St. Lake Oswego, OR 97034 535 Third St. Lake Oswego, OR 97034 PO Box 586 Woodbum, OR 97071 1500 Quail St. Suite 100 Newport Beach, CA 92660 Attn: Steven L. Craig 1500 Quail St. Suite 100 Newport Beach, CA 92660 Attn: Steven L. Craig ATTACHMENT "B" .~/'- ;'/'-~" - '1 I II REIMBURSEMENT PROPERTIES HIGHWAY 219/WOODLAND AVENUE SIGNAL II / //£ Page 2 of 2 Page 'O (~I'Y LIMil'8 ; i II II II II ATTACHMENT "C' SHARE OF IMPROVEMENT COST FOR THE PROPERTIES LOCATED IN THE TRAFFIC SIGNA REIMBURSEMENT DISTRICT E'XHIBIT_ 4 Page -L(,L_ of._./J.L=.~ ~ g EXHIBIT Page, I of ~ REIMBURSEMENT AGREEMENT TRAFFIC SIGNAL IMPROVEMENT AT STATE HIGHWAY 219 AND WOODLAND AVENUE This Agreement is entered into by and between Craig Realty Group, Woodburn LLC (hereinafter the "Developer") and the City of Woodburn, an Oregon municipal corporation, (hereinafter the "City"). WITNESSETH WHEREAS, the Woodburn City Council, pursuant to Ordinance No. 2237, created a reimbursement district for the construction of a traffic signal public improvement located at State Highway 219 and Woodland Avenue by passage of Resolution No. 1553; and WHEREAS, the City Council has determined, consistent with Ordinance No. 2237, that the City Administrator should enter into this Agreement on behalf of the City; and WHEREAS, said Resolution No. 1553 is effective at the time this Agreement is signed by the City and the Developer. Crea~0n ofll_~mbur~ement District. The parties acknowledge and agree that pursuant to Resol~onlqo. 1553, the City created a reimbursement dis~aict for construction of a traffic aignal l~blic improvement located at State }rqghway 219 and Woodland Avenue. Res o~0nNo2 1553 ~the Public Worka Direc~r's RapO~Which was approved by the and affixed hereto as Attachment"A", and shall become a part ofthis Agreement as if' fully set forth hereht ~s_oe~tion of the Improvement. The City has inspected the public improvement and found that it meets all applicable standards, requirements and codes.' Tgtal Amount of Potential Reimbursement. Pursuant to Resolution No. 1553, the parties agree that the total amount of potential reimbursement to the Developer is $108,458.64. The total amount of potential reimbursement does not exceed the actual cost of the public improvement plus the amount of the application fee as provided by Ordinance 2237. Description of the Public Improvement. The public improvement which is the subject of the reimbursement district is described in Attachment "A". Property_ Owners Within the Reimbursement District_. The affected parcels of property, the owners thereof and methodology employed by the City to spread the construction cost Page 1 - Reimbursement Agreement - Traffic Signal 10. 11. 12. for the public improvement is set out in Attachment "A". EXHIBIT of/~ Page c,~ .~ Indemnification of City. The Developer shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the reimbursement district, including any City costs, expenses and attorney fees related to collection of the reimbursement fee should the City Council decide to pursue collection of an unpaid reimbursement fee under Section 10(J)of Ordinance No. 2237. Developer' s Waiver of All Claims Against City. The Developer agrees that the City cannot be held liable for any of the Developer's alleged damages, including all costs and attorney fees under this Agreement, or as a result of any aspect of the formation of the reimbursement district, or the reimbursement district process, and that the Developer waives, and is estopped from bringing any claim of any kind, including a claim in inverse condemnation, because the Developer has benefitted by the City's approval of its development and the requked improvements. Guarantee. AH work is guaranteed by the Developer for a period of twelve (12) months from the date of acceptance of the reimbursement district public improvements by the City. Developer warrants that all practices and procedures, workmanship and materials were the best available unless otherwise specified. Upon written demand by City, Developer shall immediately cure any defects in workmanship and/or materials in the improvements. City may use any fimds due Developer under this Agreement to correct such defects it'Developer fails to do so within,flfirty (:t0) days; In ~e-ev~ent~~. ~ Ownershio of Publlc Improvements. The improvements described in this Agreement shall become and remain the sole property of the City. Collection of Reimbursements. The Developer acknowledges that the City is not obligated to pursue collection of the re'unbursement from property owners within the district, and that Developer is only entitled to receive such funds actually paid to City by property owners within the district. The Developer's right to reimbursement shall end on September 13, 2009. Administrative Fee. The Developer shall pay an administrative fee in the mount of $1,762.00 for administration of the Agreement by the City. The administration fee is due and payable to the City at the time the Agreement is signed. Complete Agreement. This Agreement and the attachment constitute the complete agreement between the City and Developer and supersede all prior written or oral Page 2 - Reimbursement Agreement - Traffic Signal EXHIBIT discussions or agreements. IN WITNESS WHEREOF, the city has caused this Agreement to be executed by its duly authorized undersigned officer and the Developer has executed this Agreement on the date herein above first written. CRAIG REALTY GROUP-WOODBURN LLC By: Steven L. Craig Date ST^T OF ) ) County of ) SS. The foregoing instrument was acknowledged before me this ,1999 by day of CITY OF WOODBURJxl Notary Public for My Commission Expires: By; loire C.' Brown, CRy Administrator Date STATE OF OREGON ) ) Coumy oflVlarion ) The foregoing instrument was acknowledged before me this ,1999. day of Notary Public for Oregon My Commission Expires: Page 3 - Reimbursement Agreement - Traffic Signal CO C L so. (? ? 5 REso vTios so. / AN RESOLUTION ESTABLISHING A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENT OF ARNEY ROAD; DESIGNATING THE REIMBURSEMENT FEES PAYABLE BY PARCELS LOCATED WITHIN THE DISTRICT BOUNDARIES; FIXING THE ADMINISTRATION CHARGE AND INTEREST RATE; AND SETTING AN EFFECTIVE DATE. WHEREAS, Craig Reaity'Grbhp, Woodbum LLC (hereinafter "the Developer") previously applied for and was granted land use approvals by the City for Phase I of its development project in 1998; and ' WI~REAS, one condition of development approval was that the Developer improve Amey Road; and WHEREAS, there are properties which are not owned by the Developer which will benefit by the Amey Road improvement; and WI~.RK~, the City Council previously passed Ordinance No. 2237, "An Ordina.ce F_ztabli~ng a Process for the Formation of a Reimbursement Disirict in Order to Provide a Meclgvg. sm BZhemby the Prope~es Bfhich .Nqll Benefit by the ConzOucflon of the Required I~:..Pm~ t/~ ~'¢ I~; ,a~/~~.:~~~.. ;,and ..:. :: reimbursement district under.Ordinance No. 2237 for the construction of the Arney Road PUblic improvement; and WHERKAS, the Public Works Director has reviewed and evaluated the Developer's application and has submitted a written report to the'City Council; and WI~:~, the City has provided mailed notice ofthe proposed reimbursement district to the Developer and all owners of Property within the proposed district; and Wn~'~, the City Council held an informational public hearing on September 13, 1999, to consider the Public Works Director's report and to allow any interested persons an opportunity to comment on formation of the proposed reimbursement district; NOW, THEREFORE, CITY OF WOODBURN RESOLVES AS FOLLOWS: Page 1 - COUNCIL BILL NO. RESOLUTION NO. IIF Section 1. The Public Works Director's report, attached to this resolution as Exhibit A, and by this reference incorporated herein, is hereby approved. Section 2. A reimbursement district for the improvement of Arney Road is hereby established. Section 3. Payment of thc applicable reimbursement fee specified in thc Public Works Director's report is a precondition of receiving City permits applicable to the development of parcels located within the reimbursement district pursuant to Ordinance No. 2237. Section 4. The amount of the administration charge, payable to the City by the Developer at the time the agreement specified in Section 6 below is signed, shall be fixed at $4,518.82. Section 5. The interest rate to be applied to the reimbursement fees is set at 8.25%. This interest rate Mmll be computed against the reimbumement fee as simple interest and shall not compound. Accrual of interest shall start 30 day~ after this resolution is effective. Section 6. The citY Administrator is instructed to enter into an agreement with the Developer, az specified in Section 6 C of Ordinance 2237. The form of~ agreement is attached to ~ re~flution az F_,xla'bit B and is, by this re~erenc~ incorporated herein Section 7. This resolution is effective at the time the agreement referred to in Section 6 is Approved az to form: APPROVED: Richard Jennings, Mayor Paz~! by the Council Submitted to the Mayor Approved by the Mayor 'Filed in the Office of the Recorder ATTEST: Ma~ Tennan~ City Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. EXHIBIT. Page ~ of- PUBLIC WORKS DIRECTOR'S REPORT In Response to Application by Craig Realty Group, Woodburn LLC for Establishment of a Reimbursement District for Arne¥ Road Street, Sidewalk and Storm Drainage Improvements in the Proposed Amount of $863,143 IIF' SECTION 1' CONTENT OF PUBLIC WORKS DIRECTOR'S REPORT This report follows the criteria established in Ordinance 2237 which was approved by council on June 28, 1999. This written report considers and makes a recommendation concerning each of the following factors: Ao The project, Attachment "A", for which an application has been made for formation of a reimbursement district, the reasons for the cost distribution proposal, and an evaluation of the public interest served by the project. The actual or contracted cost of the public improvement serving the area of the proposed reimbursement district and the portion of the public improvement cost that is reimbursable. C. The boundary and size of the reimbursement district. D. A met~°d°lOgY~f°~,~ing thec,,o.~t amOng the.properties w.th,n the rei~t~~{7,~trl~!!~'~a}~h~re::':'a~'P~(~'pd~t~:;~6fining a unit for aPP!Yingthe reimbU'~i~{'~"fe~'~o~:l~Pe~ WhiCh' may, with City approval, be partiti°ned' ' subdiVided, altered or modified at some future date. E. The amount to be charged by the City for an administration fee for the reimbursement agreement. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement'district. The administration fee is due and payable to the City at the time the agreement is signed. SECTION 2: APPLICATION FOR ESTABLISHMENT OF REIMBURSEMENT DISTRICT Craig Realty Group, Woodburn LLC made application to the City of Woodburn for the establishment of a reimbursement district for a public improvement as outlined in Section 2 of City of Woodburn Ordinance 2237. The project is: The widening and extension of Arney Road to Woodland Avenue and improvement of a portion of Woodland Avenue toward Hwy 219. Page 1 of 5 - Public Works Director's Report EXHIBIT ~ psge ~ of ~ L) The application was made in accordance with the requirements of Section 2 of Ordinance 2237. I have read the project description in the application, reviewed project plans, reviewed the project with technical staff and have made site visits which indicated that the Arney Road street improvements have been designed and constructed to comply with city standards and provide safe and effective transportation service to the affected area. The concept of financing this project utilizing a Local Improvement District (LID) has been acceptable to the City Council. This improvement has been considered to be important and beneficial to the properties in the area and, therefore, cost sharing conditions were placed on certain properties prior to the site developmental approval by the council. The properties which have not, at this time, made application for any development but which will benefit from the improvements, when developed, are included in the reimbursement district. Although the developer did not utilize the LID process, the developer did discuss this concept as well as the concept of voluntary cost sharing among the property owners by agreement without city involvement. The reimbursement district, if approved by council, will provide a mechanism for cost distribution among the properties which benefit from the improvements made by the applicant. In the absence of the LID process or an agreement among the benefitted property owners, it is fair and in the public interest to create a reimbursement district for the Arney Road street improvements because the improvement benefits the public and provides a safer and more efficient transportation system. SECTION 3: FINANCING FOR THE ARNEY ROAD IMPROVEMENT REIMBURSEMEN~ DISTRICT The developer indicates that he has financed all of the costs associated with the Arney Road improvements, and the services provided by this public improvement are available to property other than that owned by the developer. The contracted costs financed by the developer were included in the application. Ill:' SECTION 4: COST OF THE PUBLIC IMPROVEMENT SERVING THE PROPOSED REIMBURSEMENT DISTRICT The modified cost of the improvements to Amey Road has been determined as $806,526. The application fee of $1,000 is a reimbursable expense as allowed by ordinance. The improvement costs provided by Craig Realty Group in their application were modified by the City Engineer after review. It is recommended that the final reimbursable cost, not subject to future changes, be established at $ 807,526 . Page 2 of .5 - Public Works Director's Report EXHIBIT //~ Page _'5 of i ~7 The modifications included several items. Costs for an ineligible concrete island and duplicate costs for a small portion of roadway work and storm drain basins were removed. Costs for vaults and conduit for Portland General Electric (PGE) were reduced based on the final cost information provided by the applicant's contractor. Similarly, gas line trenching was reduced and phone relocation cost was eliminated. The street intersection drainage improvement cost, in the amount of $7,610.00 plus traffic lane configuration cost in the amount of $5,999.00 have been shifted from Arney Road project to traffic signal project. The unit costs from previously awarded city contracts were compared with and utilized to determine the overall cost of the project. Also, the engineer's estimate provided by the developer was utilized for comparative purposes. The project cost has been found to be within 3.6 percent of the final cost estimate of the developer's engineer and determined to be within 2.5 percent of city estimate based on the unit cost. Therefore, the project cost is acceptable for cost sharing purposes. SECTION 5: BOUNDARY AND SIZE OF THE REIMBURSEMENT DISTRICT In accordance with Ordinance 2237 the reimbursement district provides a mechanism whereby both previously conditioned properties and future developable properties will share in the costs of the public improvements that have been constructed by Craig Realty Group-Woodburn LLC. Property owned by or dedicated to the City or the State of Oregon is excluded from the reimbursement district: Crai DeVelo ment Realty and Offspring Holdings-Ue[.shbe[ger.~ere oonditi~ned.~ in,their land use approval that they contnbute to the costs of the'Arne~/~Road improvements. There are certain other undeveloped properties along Arney Road that will benefit from the improvement when they are developed in the future. They include one parcel owned by Dale W. Baker, one parcel owned by Craig Development Realty and two parcels owned by Moore Clear Company. The following reimbursement district properties are to be considered as part of the reimbursement agreement for the improvements to Arney Road: 1. Craig Realty Group (2 parcels) 2. Moore Clear Company (2 Parcels) 3. Offsprings Holdings-Herschberger 4. Dale W. Baker These properties are outlined in the map included as Attachment "B". Page 3 of 5 - Public Works Director's Report SECTION 6' ~HIBIT- //~ Page _~ of /D METHODOLOGY FOR REIMBURSEMENT FEE ALLOCATION TO REIMBURSEMENT DISTRICT The reimbursement district for the Arney Road street improvements includes property that is all commercially zoned. Not all of the reimbursement properties, however, are located along the improvement. Two properties, Craig Realty (two parcels) and Offsprings-Hershberger, are located off of the improvement. All of the other properties that are considered part of the reimbursement district adjoin the public improvement. There are two common methods, area and front footage, for apportionment of costs for a reimbursement agreement for roadway construction that are most applicable to the Arney Road project. As discussed above, some of the properties that have been determined to be part of the reimbursement district are located adjacent to Arney Road, and other properties are off the improvement but contribute a significant portion of the traffic that required that the improvement be made. The area of the properties is appropriate as a measure to determine responsibility for the improvements. For the properties that are not located on the roadway, but do contribute to the roadway traffic, this is a fair method since all of the properties involved have similar zoning and all current and projected future uses are commercial in nature. For properties that are located adjacent to Arney Road, front footage is a fair method of determining Cost responsibility since this would' make these properties responsible for the street i~mPr°vement adjacent to their p~ roperty. Since there are properties adjacent to and off of the improvement project, it is fair and reasonable that the basis for reimbursement fee be shared between the 'area' and 'front footage" methods of determining a unit for cost share allocation. The share between these two methods will be determined on a percentage contribution basis. The properties with frontage on Arney Road will also be proportionally responsible for the area of their property. It has been determined that, to avoid an unreasonable subsidy to any property, a reaSonable split will be to factor sixty (60) percent (%) for area and .forty (40) percent (%) for front footage in computation of the percentage responsibility for all properties in the reimbursement district for the project. Attachment "C" includes the distribution of costs in accordance with the above procedure. Page 4 of 5 - Public Works Director's Report SECTION 7: EXHIBIT /'~ Page .~' of ADMINISTRATIVE FEE AND INTEREST RATE TO BE APPLIED TO REIMBURSEMENT DISTRICT A. It is recommended that the administration fee as outlined in Section 3 of Ordinance 2237 shall be as follows: 1. Project cost up to $250,000 at one percent (1%). 2. Project cost from $250,001 to $500,000 at one-half percent (V2%). 3. Project cost greater than $500,000 at one-quarter percent (¼%). Bo It is recommended that the interest rate to be applied to the unpaid reimbursement fee be fixed at eight and 1/4 percent (8.25 %), the prime interest rate on September 1, 1 999. It is proposed that interest accrual on the reimbursement fee start 30 days after the effective date of the formation of the reimbursement district. The approved ordinance defines that the interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. , RR~,meyRoad-PWDirec Rpt Page 5 of 5 - Public Works Director's Report ATTACHMENT "A" Page 1 of 2 I;:XHI§II: /~ Page ~.F- of /~, ARNEY ROAD/WOODLAND AVENUE STREET IMPROVEMENT Looking East Along New Amey Road Connection to WOOdland Avenue DESCRIPTION: The street improvements involve approximately 2,050 linear feet of road construction. Arney Road construction extends from the south edge of the Hershberger dealership to Woodland Avenue. Woodland Avenue was improved in the vicinity of Myrtle Street and at the intersection with the highway. Also a new intersection to connect the old Arney Road segment with the new roadway was also constructed. The new road is 48' wide allowing for two travel lanes, a two way center turn lane and bike lanes. Sidewalks were also constructed and storm drainage was added to the roadway and a box culvert was installed at the east tributary of Senecal Creek under Arney Road. A'FI'AC H M E N T "A" MAP SHOVVING REIMBURSABLE PORTION OF ARNEY ROAD IMPROVEMENTS P~ge :) of :~ EXHIBIT ~ Page '~ of /O '~A¥ NOS~Y'i '3A¥ 8VO3J /~F Page ! of 2 ATTACHMENT "B" PROPOSED REIMBURSEMENT DISTRICT PROPERTIES EXHIBr Page__ A of /o In Accordance with Ordinance 2337 ARNEY ROAD Marion County Map Number 1. 052W12B 2. 052W12B 3. 052W12B 4. 052W12B 5. 052W12B 6. 052W12B Tax Lot(s) 1101 6OO 601 701 20O 301 702 80O 101 Property Owner Dale W. Baker Moore Clear Co. (Parcel 1) Moore Clear Co. (Parcel 2) Offsprings Holdings, LLC Craig Realty Gmup- Woodburn, LLC (Parcel 1) Craig Realty Group- Woodbum, LLC (Parcel 2) Mailing Address 2874 Newberg Highway Woodbum, OR 97071 535 Third Street Lake Oswego, OR 97034 535 Third Street Lake Oswego, OR 97034 PO Box 586 Woodbum, OR 97071 1500 Quail Street Suite 100 Newport Beach, CA 92660 Attention: Steven L. Craig 1500 Quail Street Suite 100 Newport Beach, CA 92660 Attention: Steven L. Craig RR~eimburseDistP ropedies ATTACHMENT "B" REIMBURSEMENT PROPERTIES ARNEY ROAD II1~ Page 2 of 2 Page "7 of /O 3O0 )5 2W 01C 11~, cOR 101 ILl DLC O0 O3 t101 702 4.~0 AC 701 f ! I ALLOCATION OF IMRPOVEMENT COST FOR THE PROPERTIES LOCATED IN TH ARNEY ROAD REIMBURSENENT DISTRI, EXHIBIT Page~ of /~ IIF REIMBURSEMENT AGREEMENT ARNEY ROAD IMPROVEMENT EXHIBIT Page / of ~ This Agreement is entered into by and between Craig Realty Group, Woodbum LLC (hereinafter the "Developer") and the City of Woodburn, an Oregon municipal corporation, (hereinafter the "City"). WITNESSETH WHEREAS, the Woodbum City Council, pursuant to Ordinance No. 2237, created a reimbursement district for the improvement of Arney Road by passage of Resolution No. 1554; and WHEREAS, the City Council has determined, consistent with Ordinance No. 2237, that the City Administrator should enter into this Agreement on behalf of the City; and WHEREAS, said Resolution No. 1554 is effective at the time this Agreement is signed by the City and the Developer. Creation 0fReimbursement District. The parties acknowledge and agree that pursuant to Resolution No. 1554 the City created a reimbursement district for the improvement of Amey Road. Resolution No. 1554 and the Public Works Director's Report, which was approved by the City Council when the reimbursement district was created, are hereby incorporated herein and affixed hereto as Attachment "A', and shall become a part of this Agreement as if fully set forth herein. Inspection of the Improvement. The City has inspected the public improvement and found that it meets all applicable standards, requirements and codes. Total Amount of P0tential Reimbursement. Pursuant to Resolution No. 1554, the parties agree that the total amount of potential reimbursement to the Developer is $421,329.98. The total amount of potential reimbursement does not exceed the actual cost of the public improvement plus the amount of the application fee as provided by Ordinance 2237. Description of She Public Improvement. The public improvement which is the subject of the reimbursement district is described in Attachment "A". Property_ 0wner~ Within She Reimbursement District. The affected parcels of property, the owners thereof and methodology employed by the City to spread the construction cost for the public improvement is set out in Attachment "A". Page 1 - Reimbursement Agreement - Amey Road Improvement EXHIBfr /~ Page .~.'~ of - ~ 10. 11. 12. Indemnification of City. The Developer shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the reimbursement district, including any City costs, expenses and attorney fees related to collection of the reimbursement fee should the City Council decide to pursue collection of an unpaid reimbursement fee under Section lO(l-r)of Ordinance No. 2237. Developer'~ Waiver of All Claims Against City. The Developer agrees that the City cannot be held liable for any of the Developer's alleged damages, including all costs and attorney fees under this Agreement, or as a result of any aspect of the formation of the reimbursement district, or the reimbursement district process, and that the Developer waives, and is estopped from bringing any claim of any kind, including a claim in inverse condemnation, because the Developer has benefitted by the City's approval of its development and the required improvements. Guarantee. All work is guaranteed by the Developer for a period of twelve (12) months from the date of acceptance of the reimbursement district public improvements by the City. Developer warrants that all practices and procedures, workmanship and materials were the best available unless otherwise specified. Upon written demand by City, Developer shall immediately cure any defects in workmanship and/or materials in the improvements. City may use any funds due Developer under this Agreement to correct such defects if Developer fails to do so within thirty (30) days. In the event City takes such action, Developer remains liable for any amount necessary to correct the identified defects (as well as any and all other direct or consequential costs incurred by the City) that exceeds any amount(s) due Developer under this Agreement. Ownership of Public Improvements. The improvements described in this Agreement shall become and remain the sole property of the City. Collection of Reimbursements. The Developer acknowledges that the City is not obligated to pursue collection of the reimbursement from property owners within the district, and that Developer is only entitled to receive such funds actually paid to City by property owners within the district. The Developer's right to reimbursement shall end on September 13, 2009. Administrative Fee. The Developer shall pay an administrative fee in the amount of $4,518.82 for administration of the Agreement by the City. The administration fee is due and payable to the City at the time the Agreement is signed. Comolete Agr_ cement. This Agreement and the attachment constitute the complete agreement between the City and Developer and supersede all prior written or oral discussions or agreements. Page 2 - Reimbursement Agreement - Amey Road Improvement Page ~ of ,'~ IN WITNESS WHEREOF, the city has caused this Agreement to be executed by its duly authorized undersigned officer and the Developer has executed this Agreement on the date herein above first written. CRAIG REALTY GROUP-WOODBURN LLC By: Steven L. Craig Date STATE OF ) ) County of ) SS. The foregoing instrument was acknowledged before me this ,1999 by day of Notary Public for My Commission Expires: CITY OF WOODBURN By: John C. Brown, City Administrator Date STATE OF OREGON ) ) County of Marion ) SS. The foregoing instrument was acknowledged before me this , 1999. day of Notary Public for Oregon My Commission Expires: Page 3 - Reimbursement Agreement - Pa'ney Road Improvement MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager '~~ Operating Assistance Grant Agreement for Transit Service September 8, 1999 RECOMMENDATION: Approve the attached resolution entering into ODOT Grant Agreement No. 17518 with the State of Oregon for public transportation operating assistance and authorizing the mayor and city recorder to sign the agreement on behalf of the city. BACKGROUND: The city has been receiving annually operating assistance from the Federal Transit Administration's Section 5311 program for small cities and rural areas for several years. These federal funds are administered by the Oregon Department of Transportation and the city applies for these funds each year. This agreement provides for $35,204 in assistance for providing public transportation service for fiscal year 1999-2000. The agreement has been simplified and modified this year. Much of the federal regulation information has been deleted since the city signs separate "Certifications and Assurances" that federal law will be complied with in transit operations. The city attorney has reviewed and signed the agreement. COUNCIL BILL NO. RESOLUTION NO. 1_555- A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 17518 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn has applied for public transportation operating assistance funds for Fiscal Year 1999-2000 under Title 49, United States Code, Chapter 5311, Small City and Rural Areas Program and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Small City and Rural Areas Program, to coordinate grant applications and to administer the disbursement of the federal assistance and WHEREAS, the State of Oregon, Department of Transportation, has approved $35,204 in operating expenses for the City of Woodburn to be used in support of public transportation, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 17518, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure Federal funds through Title 49, United States Code, Chapter 5311 for the purpose of supporting public transportation. Page 1- COUNCIL BILL NO. RESOLUTION NO. Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign said agreement on behalf of the City. Approved as to form: City Attorney Date APPROVED: Richard Jennings, 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 ATTACHMENT "A" Due to the length of the attachment it has not been included with the Council packet. It will be available for review at the Public Works office or at the council meeting. II11 interoffice MEMORANDUM to: from: subject: date: City Administrator for Council Action $,t~. Randy Scott, C.E. Tech III, through the Public Works Director Miscellaneous Street Resurfacing Improvements September 9, 1999 RECOMMENDATION: It is being recommended that the City Council award the construction contract to the lowest responsible bidder, North Santiam Paving, £or Miscellaneous Street Resuffa¢ing Improvements in the amount o£$129,704.40, Bid No. 99-28. BACKGROUND: The bid award is resurfacing a portion of Evergreen Road, Park Circle, James Street, a portion of Tierra Lynn, Amy Court and Kevin Court. Bids were received and opened on September 7, 1999 at 11:00 a.m.. This project will be funded through revenues received from the city gas tax (Ordinance NO.2028, Motor Vehicle Fuel Tax). Staff received a total of four qualified bidders, as listed below. 1. North Sanitam Paving $129,704.40 2. Salem Road & Driveway $134,489.98 3. Morse Bros. $136812.40 4. Brix Paving $152,494.40 Engineers Estimate $138,216.00 interoffice MEMORANDUM from: subject: date: City Administrator for Council Action Randy Scott, CE Tech III, through the Public Works Director Acceptance of Utility Easements September 8, 1999 RECOMMENDATION: It is being recommended that the City Council accept the Attached Utility Easement as described on Attachment "C'. BACKGROUND: The pcrmancm utility easement is being conveyed by Mr. Charles and Mrs. Neelie Schultz for the installation of a storm sewer main in conjunction with the Miller Links Subdivision curremly under construction. The storm sewer main being installed by Miller Links Subdivision is connecting to an existing 36" dia. storm sewer. Temporary utility easements are also being conveyed wider then the permanent easement to allow the contractor the necessary area to construct the storm sewer. The temporary easements are not being submitted to the Council for acceptance, they are temporary and terminate 30 days after the acceptance of the storm sewer facility by the city. Included as attachment "A" is a vicinity map Included as attachment "B" is a map showing the boundary of the easement. Included as attachment "C" is the properly signed permanent utility easement SUBJECT AR ~L RS I,~AYANNA DR OGA GOLF COUitS~ VICINITY MAP ATTACHMENT "A SUBJECT EASEMENT :~ ° ~ ,Lg'~6 ~,,6g,gg.[OS o~ ~0 I Oz zz m 0 ,9/_.'9/_ © C~WW CONSULIING [NGINEERINC SERVICES, INC 152D6 N W GREENBRI ............ I BE AVERTON, OR 97006 ,,. ATTACHMENT "B" Z 6/28/99] FIGUREJ , CONSULTING ENGINEERING SERVICES INC. 15256 N W Greenbrier Parkway · Beavedon, Oregon 97006 · (503) 690-6600 · FAX (503) 690-2595 1263 DEB 6/28/99 EXHIBIT 'A' LEGAL DESCRIPTION STORM SEWER EASEMENT TAX LOT 400 AND 800, MAP C SECTION 6, T.5S., R.1W. A TRACT OF LAND FOR THE PURPOSE OF A STORM SEWER EASEMENT WITHIN THAT TRACT DESCRIBED IN DEED TO CHARLES M AND NEELIE A. SCHULTZ AND RECORDED AS REEL 294, PAGE 1078, ON OCTOBER 27, 1980, MARION COUNTY DEED RECORDS WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 6 IN TOWNSHIP FIVE SOUTH AND RANGE ONE WEST OF THE WILLAMETTE MERIDIAN IN THE CITY OF WOODBURN AND THE STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF "WOODBURN SENIOR ESTATES NO. 8" AS RECORDED IN VOLUME 36, PAGE 25, MARION COUNTY PLAT RECORDS; THENCE ALONG THE EAST BOUNDARY OF SAID PLAT, S02°07'54"W, A DISTANCE OF 78.76 FEET TO A POINT ON THE NORTH BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN DEED TO SCHOOL DISTRICT NO. 103-C AND RECORDED AS VOLUME 608, PAGE 563, MARION COUNTY DEED RECORDS; THENCE ALONG SAID NORTH BOUNDARY, S88°37'01"E, A DISTANCE OF 803.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH BOUNDARY LINE, N01°22'59"E, A DISTANCE OF 113.87 FEET; THENCE S88°37'01"E, A DISTANCE OF 16.00 FEET; THENCE S01°22'59"W, A DISTANCE OF 97.87 FEET; THENCE S88°37'01"E, A DISTANCE OF 42.87 FEET; THENCE S01°22'59"W, A DISTANCE OF 16.00 FEET, TO A POINT ON THE NORTH BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN DEED TO THE MILLERS AND MC BUILDERS AND RECORDED AS REEL 1198, PAGE 291 AND REEL 1565, PAGE 534, MARION COUNTY DEED RECORDS; THENCE ALONG SAID NORTH BOUNDARY LINE, N88°37'01"W, A DISTANCE OF 58.87 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 2,507 SQUARE FEET, MORE OR LESS. BASED ON RECORD OF SURVEY NUMBER 34513 AS RECORDED IN THE MARION COUNTY SURVEYOR'S OFFICE. IV~RTIN L. GAGE/9~S"~945 JUNE 28, 1999 PR~NAL ~1..~_~_~RvEYOR ATTACHMENT "C" UTILITY EASEMENT CHARLES H. SCHULTZ and for the KNOW ALL MEN BY THESE PRESENTS, that 'EmIE ' s~(~ SCHULTZ. ' consideration of One Dollar ($1.00) and other valuable consict~"a~tl® them paid, the receipt whereof hereby is acknowledged, hereby do forever grant unto the CiTY OF WOODBURN, a Municipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and easement over and along the full width and length of the premises described as follows, to wit: See Exhibit "A" and Exhibit "B" attached here to. with the right, privilege and authority, to said City, to construct, maintain, replace, reconstruct, remove, and add to, utility pipeline or pipelines, with all appurtenances incident thereto or necessary therewith, in, under and across the said premises, and to cut and remove from said right-of-way any trees and other obstructions which may endanger the safety or interfere with the use of said pipelines, or appurtenances attached or connected therewith; and the right of ingress and egress to and over said above described premises at any and all times for the purpose of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every occasion that such utility facility is constructed, maintained, replaced, reconstructed or removed, or added to, restore the premises of the Grantors, and any improvement disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not practicable, then pay to Grantors reasonable compensation. THE GRANTORS, heirs and assigns, reserve the right to use the premises for walkways, driveways, planting, and related purposes, and all utility facilities shall be at a depth consistent with these purposes. EXCEPTION: N.o structure shall be placed within the easement, or within 45° ATTACHMENT "C" L~ 'r-,. o .~cd ,L9'/6 ,Zg'~'LI. o1-.. 7--0o 3,,6c~,~. LON ~ ,9/'8L _~g'/-"O' ~'Ou3~S CONSULTING ENGINEERING SERVICES, tNC.I ,~2~ ~.w. o~EE,BR,,~__r ~.~ EXHIB~ 'B' BEAVERTON, OR 97C-- II Z<( ATTACHMENT "C" City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: August 19, 1999 _z//~ j From: Paul Null, Chief ~f Poli To: Mayor and City Council~ Through: John Brown, City Administrator Subject: Street Closure - Selling Merchandise from a Vehicle - Woodburn Elks I1 1' Ordinance 2191 Sec 3. Powers of Council. Subject to state laws, the City Council shall exercise all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance. The police department has received a request from Julia Ellis, Woodbum Elks, for partial street closure and the selling of merchandise from a vehicle parked on a public street. Woodbum Elks, 409 N. Front Street, is having a craft bazaar on October 2, 1999, from the hours of 7:00 a.m. to 6:00 p.m. Mrs. Ellis is asking the City Council to allow the selling of food items from a trailer parked on the public street in front of the Elks Building. To accommodate the trailer and sales activity, Mrs. Ellis is also asking 3-4 parking spaces be blocked off in front of this location. Mrs. Ellis advised foot traffic in front of the business will not be restricted due to the bazaar or food trailer activities. Mrs. Ellis also advised the trailer will be the only item placed on the public street. Recommendation: The City Council approves and authorizes Woodbum Elks to block off three parking spaces located in front of 409 N. Front Street and the selling of merchandise from a vehicle parked on a public street on October 2, 1999, from 7:00 a.m. to 6 p.m. WOODBURN ELKS Lodge No. 2637 Post Office Box 302 409N Front Street Woodburn. Oregol: 9707 l 503. OS2 August 17. 1999 Ci.ty of Woo~um I would like to request permission or obtain a permit, whichever is necessary, to block 3 or 4 parking spaces in front of the Woodburn Elks Lodge on front street. I would like ID do this oll October 2, 1999 from approximately 7 a.n~ to 6 p.m. We arc having a craft bazaar for charity and would liko to acll hot dogs and/or hamburgers from our food trailer. If this is a possibili_!y/flease let me know so that I miglxt arrallge it. Please oontact Julia or Bev at the Woodburn Elks Lodge #2637, phone numbor 992-2637 between the horns of 10 ~nL and 2 Ixm. Thank You, MEMORANDUM to: from: subject: date: City Administrator for Council Action Randy Scott, CE Tech III, through the Public Works Director Street Tree Removal, King Way September 9, 1999 RECOMMENDATION: It is being recommended that the property owners be granted permission to remove the subject trees upon the conditions as outlined below. If no objections are filed with the city from the immediate neighborhood. Staff will notify property owners in the neighborhood of the proposed tree removal. Staff will be allowed 30 days to complete this process. The property owners shall comply with Ordinance No. 1908 and they shall replace the trees with a suitable species. No cost share by the city be provided to the property owners as allowed by Resolution 1514, because the trees appear to be quite healthy. BACKGROUND: In May of 1998 the property owner at 1647 King Way requested permission to remove two street tree' s near thc cast and west property linc, permission was denied by staff because trees appear to be quite healthy. Both adjacent property owners at 1681 and 1647 have again requested in writing, permission to remove thc trees. Thc subject trees arc both very large deciduous species which currently appear to be in a healthy condition with thc normal amount of branches and leaf structure. It was noted in staffs previous inspection and thc recent inspection some root damage, mainly to thc adjacent driveways and curb. Thc property owner at 1681 has indicated thc cracking in thc garage floor is caused by tree roots, It cannot be determined if this is associated with the tree roots or duc to differential settlement of ground. Normally root damage or exposed root damage to property would constitute justification for removal, in this case however staff felt in its previous decision, thc value of thc tree's to thc city and thc neighborhood did not justify removal. Thc city in thc past has pruned thc trees to eliminate some potential problems, a limb overhanging thc existing structure, lower limbs not complying with height restrictions overhanging thc street area. Thc condition of thc trees has not noticeably changed since the previous inspection except for thc pruning performed by the city. Staff will support extensive pruning including dry cost sharing if desired by the property owners. Council decision in this case will provide future decision making guidlincs to staff. Attachments; 1 is the request from the property owners, 2 is a current picture of the subject trees and 3 is some noticeable damage being caused by the tree ATTACHMENT 1 Auc. 17, 1999 City of Woodburm 270 Montqomery St. Woodburm, Or. Mr. Randy Scott; The two larce trees located on the property lines of lots 8, 9, and 10 of King Street in Senior Estates have crown so large that the root~ are destroyinq the curb as well as the driveways of 1681 Ping Way as well as the property to the east, 1647 ~img Way. I have ben told that the city declined permission to have the trees removed when requested at an earlier date. I believe the damage has progressed now to the more urgent need to have them removed to prevent further dam- age to driveways, curbs, and garage floors. We, the undersigned property owners request immediate permission to have the two trees removed with the aid of the city as per city ordinance. Yours truly, 1647 Ing Way 1613 King Way- says the tree is not on her property. ATTACHMENT 2 ATTACHMENT 3 CiTY OF' WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 I~DD (503) 982-7433 · FAX (503) 982-5244 ACTION TAKEN: DATE OF DECISION: NATURE OF ACTION: NOTICE OF DECISION WOODBURN PLANNING COMMISSION Approval of Site Plan Review 99-12 and Variance 99-08 August26,1999 On August 26, 1999, the Woodburn Planning Commission adopted a Final Order approving a request by Modular Concepts Inc. to construct a new office facility to replace an existing office facility located at 399 Young Street (north side of Young Street directly across from "C' Street). In addition, variances were granted reducing the required number of parking spaces from 9 to 8 and removing a requirement for a loading space. APPEAL RIGHTS: The final decision of the Woodburn Planning Commission is appealable to the Woodburn City Council if written notice is filed with the Woodburn Community Development Department within 10 days of the date this notice was mailed. d and aile hi 27th day of August, 1999. Steve Goeckritz, Wo-odb'6~n Planning Director Notice of Decision - SPR 99-12 C][TY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON SITE PLAN REVIEW 98-12 VARIANCE 99-08 FINAL ORDER WHEREAS, a request was made for the Planning Commission to hear a proposal for the construction of a new office facility to replace an existing office facility; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of August 12, 1999, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff and the applicant regarding the proposal, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to approve Site Plan Review 99- 12 and Vadance 99-08 and instructed staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission approves Site Plan Review 99-12 and Variance 99-08 based on findings and conclusions contained in Exhibit A, and conditions of approval with Exhibit B which are hereto and by reference incorporated herein. Approved: ' bh~rperson (./ Date o - FINAL ORDER - SPR 99-12, VARIANCE 99-08 EXHIBIT FINDINGS AND CONCLUSIONS SITE PLAN 99-12 The zone map designation for this property is CG Commercial General District. The applicant's request to construct a new office structure to replace an existing office is in compliance with the zone district. 2. The applicant meets the special setback distances on Young Street. FINDING: By removing the structure and replacing it with a new structure toward the rear portion of the property will allow parking in the front rather than driving vehicles to the rear of the property where the parking area was unimproved. FINDING: The landscaping will be a substantial improvement over the existing facilities landscape area. A five foot planting strip is proposed on the east property line and an approximate four foot planting strip on the west property line. Internal curbing will identify separate the landscape area from the asphalt parking area. FINDING: The access point to the facility will remain in the same location as the existing driveway. FINDING: The proposed structure will meet the Uniform Building Code which will be an improvement over the existing structure which is approximately 70 years old. 7. The proposal meets all setback standards CONCLUSION: The applicant has addressed the site plan review criteria. VARIANCE The applicant requested a Variance to the required nine (9) parking spaces to eight (8) and relief from the 12 foot by 30 foot long loading space. FINDING: The lot configuration and size restricts opportunities for parking and loading locations. By placing the new structure to the rear of the property the applicant has been able to accommodate only eight (8) rather than nine (9) parking spaces. Previously only four (4) spaces were available. In turn, by providing eight (8) on site parking spaces that leaves no area for an off loading space. 10. FINDING: Lot configuration and size limit the number of spaces. Based on the applicants submittal the number of clients on a daily basis is limited with many of FINDINGS & CONCLUSIONS - SPR 99-12, Variance 99-08 - Bridgeway Modular Dage ] 0~' 5 them on diversion and therefore are not allowed to drive. By providing eight (8) spaces, the applicant is actually increasing the number of on site parking spaces. 11. FINDING: The applicant will be improving on the site parking therefore lessening the need to utilize on-street parking. 12. FINDING: Bridgeway has been in operation for several years. The requested Variances to allow one less parking and loading space allows the applicant to build a new facility. 13. FINDING: The applicant will be improving the parking situation by four (4) parking spaces with one of those being ADA. Additionally, the landscaping will be improved and an upgraded structure will be placed on the site. CONCLUSION: The applicant's request meets the Variance criteria for approval. FINDINGS & CONCLUSIONS - SPR 99-12, Variance 99-08 o 8ridgeway Modular Dagc 2 of' 5 EXHIBIT "B" CONDITIONS OF APPROVAL PLANNING DEPARTMENT: 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. The parking lot shall be paved with a concrete or asphaltic hard surface. The existing drainage from surrounding properties shall not be blocked by this development. 4. The applicant shall comply with the landscaping plan as submitted. The applicant shall comply with the Sign Ordinance standards. Any proposed sign will be subject to the Sign Ordinance standards and will require a permit issued by the Building Official. No signs are allowed within a street right-of-way. Signs that glare, flash, reflect, give the appearance of movement or are moved by normal wind currents are prohibited. No temporary or lawn signs shall be allowed. The applicant shall comply with the vision clearance standards as per Section 8.190 of the Woodburn Zoning Ordinance. 7. Parking shall comply with A.D.A. specifications. Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Woodburn Planning Commission. Provide a lighting plan for the parking lot that deflects away from any adjacent residential use. BUILDING DEPARTMENT: 10. Provide code analysis as to use of structure and fire-resistive construction. construction shall comply with all applicable code requirements. Said 11. All demolition work shall ensure public utilities are protected from damage. 12. Contractor shall remove all demolition debris. 13. Obtain all required permits. 14. Other comments reserved for plan review. FINDINGS & CONCLUSIONS - SPR 99-12, Variance 99-08 - Bridgeway Modular Page 3 of 5 1¥4. 15. 16. 17. FIRE DEPARTMENT: Building Exit System: Applicant needs to supply code summary with plan submittal. (All areas below need to be addressed) 1. Occupant Load 2. Number of Exits 3. Exit Hardware 4. Exit Signage 5. Emergency Lighting Special Occupancy Requirements: Two story office requires two exits paths from second floor based on possible occupant load. No storage under non-sprinkled stairwell. Stairwell may need to meet one hour construction requirements. Building Size & Limitations/Type of Construction: Requirements for B Occupancy of type V-N construction. Within limits; Set backs less than 20 feet from a property line must be protected by a I hour wall. Openings less than 10 feet from property line must be protected, not allowed less than 5 feet. 18. Fire and Life Safety Review Requirement: Will be required, to be conducted by City Building Official. 19. Special Comments: An onsite water supply system must be available, operational and acceptable to the City prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. PUBLIC WORKS DEPARTMENT: GENERAL CONDITIONS: 20. Final plan shall conform to the construction plan review procedures and standards. 21. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies which may require approval and or permit issuance. 22. All work shall conform to the City of Woodburn Standards and all State Building Codes and Regulations. STREET AND DRAINAGE: 23. The existing driveway approach shall be removed and replaced with a standard driveway approach conforming to the City of Woodburn Commercial Standards. The driveway shall conform to ADA standards. 24. On- site storm sewer system shall discharge to the street through a weep hole in the FINDINGS & CONCLUSIONS - SPR 99-12, Variance 99-08 - Bridgeway Modular P~.gC 40~' 5 curb. No storm runoff from the site shall traverse across the sidewalk. 25. Existing drainage patterns from surrounding properties shall not be blocked by this development. 26. WA TER: No additional domestic service to the site is being requested, if additional service is required, additional conditions may apply. 27. Backflow prevention devices may be required, contact Larry Arendt, 982-5283, City of Woodburn Cross Connection Inspector in regard to type and location. 28. Fire hydrant locations and fire protection requirements shall comply with current fire codes and the Woodburn Fire Districts conditions of approval. SANITARY SEWER: 29. The existing service stubbed to the property, serving the existing building, is to be utilized. FINDINGS & CONCLUSIONS - SPR 99-12, Variance 99 08 - Bridgeway Modular ~)~1.~1¢ 5 Ot' 5 SITE PLAN ~)¢AL.I=: I'- 20'-O' t....E6END: ATTACHMENT II IDI~ID6EWAY i~EPI....AC.,I=MENT OPPICE 5qq YOUN6 '~Ti~I=ET WOODDUI~N, OR'EtlON Cl7071 EX~TI,~ ~Pr4~ .~ TO ~ I['EMOVED ~ , ~'~,~ LANDSCAPE PLAN ¢aGAI._.l~; r- ZO'-O' DI=GEND: ATTACHMENT IV I~R'ID~I=WAY R'EPI.-AOEMENT OPPIC, E ~,<;iq YOUNg, 5TIll=ET WOOOI~UI~'N, OI~EGON q7071 MOIPUL-AR,~ ' ' ' ~:. ATTACHMENT V CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 NOTICE OF DECISION WOODBURN PLANNING DIRECTOR ACTION TAKEN: DATE OF DECISION: NATURE OF ACTION' APPEAL RIGHTS: Site Plan Review 99-13 August 26, 1999 On August 26, 1999, the Woodburn Planning Commission accepted the Planning Director's administrative approval of a request by Don Vedder to construct an addition to an existing warehouse located at 2519 N. Front Street in the City of Woodburn. A copy of the staff report is attached to this Notice of Decision and is, by reference, incorporated herein. The final decision of the Woodburn Planning Director is appealable to the Woodburn Planning Commission if written notice is filed with the Woodburn Community Development Department within 10 days of the date this notice was mailed. Dated and mailed this,,27th day of August, 1999. Steve Goeckri~., WoodbOrrl Planning Director Notice of Decision - SPR 99-13 CITY OF W©ODBIIRN 270 Montgomery Street · Woodburn, Oregon 9707'1 ° (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 STAFF REPORT SITE PLAN REVIEW 99-13 August 26, 1999 (Administrative Review) APPLICATION INFORMATION: Applicant: Don Vedder Property Owner: Steelmill Warehouse LLC Application Deemed Complete: July 14, 1999 120 Day Rule Deadline: November 11, 1999 Staff Report Available for Public Review: August 20, 1999 I1. NATURE OF APPLICATION: The applicant requests administrative site plan approval to construct a 2,190 square foot addition to an existing warehouse building on an industrial site located at 2519 N. Front Street. III. RELEVANT FACTS: The applicant proposes to construct a 2,190 square foot addition to an existing 3,200 square foot warehouse building. The site is located at 2519 N. Front Street (Madon County Tax Map T5S R 1W 05C Tax Lot 1600). The property is zoned IL (Light Industrial District) and has a comprehensive plan designation of Industrial. The subject site is currently used for the manufacturing of ceramic shapes which is a permitted use in the IL zone. A storage warehouse is an ancillary use to the main use and is permitted, subject to compliance with the Woodbum Zoning Ordinance. Adjacent property to the west, north and south is zoned IL and property to the east is zoned IP (Industrial Park). The site is relatively level and is currently developed with an existing industrial enterprise containing several large buildings and comprising over 9 acres. No topographical or environmental constraints have been identified on the subject property. SPR 99-13 - Don Vedder Page 1 CONDITIONS OF APPROVAL SITE PLAN REVIEW 99-13 August 26, 1999 The proposed development shall be in substantial conformance with the preliminary plan. A landscaping plan shall be approved by the Community Development Department prior to issuance of a building permit for the addition and landscaping shall be installed prior to final building inspection. The landscaping plan shall include a hedge or other plantings, minimum 36 inches high when planted, to eventually provide a minimum six foot high vegetative screen in front of the existing fence along Front Street. In addition, trees shall be provided along the street frontage. The landscaping plan shall be prepared in accordance with the Woodburn Landscaping Policies and Standards except that only those standards that apply to landscaping of the Front Street frontage shall apply. All landscaping shall be maintained year round. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of material, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debds, weeds and tall grass. The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris. In lieu of constructing street improvements at this time, the property owner shall enter into a non-remonstrance agreement with the City to participate in future street improvement districts when Front Street and Shenandoah Lane are eventually improved to ultimate standards. Said agreement shall be executed pdor to issuance of the building permit for the addition. The pdmary ddveway approach shall be paved between the existing street pavement on Front Street and the right-of-way line pdor to final inspection of the addition. Pdor to any work, plans shall be submitted to the Public Works Department for approval. All work shall conform to Cibj standards All storage of materials and equipment shall be within an enclosed building or sight obscuring fence or wall at least 8 feet in height, subject to approval of the Community Development Department. Existing materials stored outside shall comply with this requirement prior to final inspection of the addition. Final plans shall conform to the construction plan review procedures and standards. All work shall conform to City of Woodbum standards and State building codes. All conditions contained herein shall be conditions on the issuance of a building permit. Violation of these conditions shall be considered a violation of the Zoning Ordinance. Sent E-'"i H]~f~H-TEMP ];NC 5032223988; Aug-4-99 9:04AM; 0 Page 3/3 Sen1: ¢ ¢~53H-TEMP iNC -~ '0 (D 0 O_ 0 5032223988; 0 Aug-4 -99 0 9:03AM; o~ LLI Page 2/3 MEMO TO : THROUGH : FROM : DATE : SUBJECT : Mayor and Council John Brown, City Administrator Mary Tennant, City Recorder ~',~ September 9, 1999 Vision Care Insurance for Non-Union Employees Background: Over the last several years, interest has been expressed by numerous non-union employees to include vision care insurance as part of this group's health insurance package through the EBS Trust. This coverage is an "add-on" to the basic medical plan rather than being an elective coverage available to employees. As a result, all employees covered under the non-union plan would be required to participate. In August, a survey was sent out to all covered non-union employees to, once again, see what interest there would be amongst those employees to add a UCR Vision covered to their insurance. The memo to the employees clearly stated that costs incurred for this coverage would be borne by the employee, however, they could utilize the City's Section 125 pre-tax program in order to reduce actual out-of-pocket cost. The estimated monthly premium cost for this coverage charged by the EBS Trust is as follows: Employee only $ 4.85 Employee + 1 dependent $10.20 Employee + 2 or more dependents $13.65 Survey results show that 89% of the non-union employees were willing to participate in the vision care plan (24 yes, 3 no). Unless otherwise directed by Council, staff will proceed to sign applicable EBS Trust documents to add UCR Vision Care to the non-union health insurance package with an effective date of November 1, 1999. Financial Impact: There will be no budgetary financial impact to the City for this coverage since the premium will be paid by the affected employees through our payroll deduction program.