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Agenda - 09/27/1999 CITY COUNCIL AGENDA September 27, 1999 - Z'OO p.m. 270 Montgomery Street * * Woodburn, Oregon 1. CALL TO ORDER AND FlAG SALUTE 2. ROll. CALL 3. ANNOUNCEMENTS AND APPOINTMENTS A. September 28, 1999 . 7:00 pm . Setdemier Park Activity Center Open House. B. October 11, 1999 .7:00 pm. Public Hearing (continuation): Stein Oil C. October 11, 1999 .7:00 pm. Public Hearing: Park &: Recreation Plan Update. D. October 23, 1999 - Community Beautification Awareness and Downtown Tree Planting. E. October 25, 1999.7:00 pm. Public Hearing: Annexation of 1.32 acres of property located on the north side of Aztec Dr. east of Highway 99E. F. October 25, 1999.7:00 pm. Public Hearing: Annexation of 3.32 acres of property located west of Boones Ferry Rd. &: south of Country Qub Rd. 4. PRESENTATIONS/PROClAMATIONS 5. COMMITIEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. C. Woodburn School District 6. COMMUNICATIONS A. Letter from US West concerning local calling area expansion ................. 6A B. Letter requesting connection to city sewer system .......................... 6B 7. BUSINESS FROM THE PUBUC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AGENDA . Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. City Council minutes of Sept. 13, 1999 regular and executive meetings. . . . . . . .. 8A B. Park Board minutes of September 14, 1999 ............................... 8B C. Planning Commission draft minutes of September 9, 1999 ...... . . . . . . . . . . . .. 8C D. library Board minutes of September 8, 1999 .............................. 8D Page 1 - Agenda, Woodburn City Council of September 27, 1999. 8. CONSENT AGENDA (CONTINUED) E. Goose Creek Project sta.ttI.s rep.oJ:t:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8E 9. TABLED BUSINESS 10. PUBUC HEARING A. Evergreen Road Street Right-of-Way Vacation .................,.......... lOA 11. GENERAL BUSINESS A. Council Bill No. 1995 - Resolution entering into an intergovernmental agreement with State of Oregon for traffic law and safety belt enforcement program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ItA B. Request to place "No Parking" signs on north side of Young Street in the vicinity of 669 Young Street ........................................... lIB C. Acceptance of utility easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. llC D. Bid award for purchase of a utility vehicle ............................... lID 12. wlml. - Master Fee Schedule annual review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 13. PUBUC COMMENT 14. NEW BUSINESS 15. SITE PlAN AND PlANNING ACfIONS A. Subdivision 99-02-Variance 99-09 - Oakwood Subdivision - 1.8 acres located near Parr Road and Luba Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15A B. Site Plan Review 99-19 -Expansion of existing parking lot located at 1175 Mt. Hood Ave. (Salud Medical Clinic) .............................. 15B 16. CITY ADMINISTRATOR'S REPORT A. Long term disability and life insurance coverage .......................... 16A 17. MAYOR AND COUNCIL REPORTS 18. EXECUfIVE SESSION 19. ADJOURNMENT Page 2 - Agenda, Woodburn City Council of September 27, 1999. ::;-eptember 6, 1999 6A ll~-WEST' Dear Woodburn Customer: U S WEST- is pleased to announce that effective October 2, 1999, your local calling area will expand to include the telephone exchanges listed below: Aurora Beaver Creek Beaverton Burlington Carlton Charbonneau Colton Corbett Estacada Forest Grove Gresham HiIlsboro Hoodland Lake Oswego Mollalla Mt. Hood Meadows Newberg North Plains Oak Grove-Milwaukie Oregon City Portland Redland Ripplebrook Sandy Scappoose Scholls Sherwood Stafford Sunnyside Tigard Vernonia Yamhill Please see the reverse side of this letter for a detailed map of your new Extended Area Service. It will no longer be necessary to dial "1" when calling these exchanges and long distance rates will no longer apply. These new local calling areas will be in addition to Canby-Needy and Gervais which you can already call locally. If you currently subscribe to unlimited Extended Area Service (EAS), the current residence rate will increase by $5.21 and the business rate will increase by $7.88. The new EAS rates are shown below: Home Exchange Woodburn New I Additional EAS Areas See above list Residence $6.30 Business $9.45 If you currently subscribe to measured EAS service, your rate of $.05 per minute with a 50% discount for calls made between 5:00 p.m. and 8:00 a.m. weekdays and all day Saturday, Sunday and holidays will remain the same. Residence customers with the measured EAS option who are paying more than $6.30 each month for calls to their extended local calling area may want to consider converting their service to the unlimited EAS calling option. In terms of minutes, customers with the measured EAS option who make more than approximately 126 minutes of daytime EAS calling each month would save money with the unlimited EAS option. Business customers with the measured EAS option should consider converting to the unlimited EAS option if they are paying more than $9.45 each month for calls to their extended local calling area. In tenns of minutes, business customers with the measured EAS option who make more than approximately 189 minutes of daytime EAS calls each month would save money with the unlimited EAS option. Business customers may change between the unlimited EAS calling and measured EAS calling options free-of- charge until April 2, 2000. Residence customers may change free-of-charge at any time. If your telephone service includes such features.as Speed Calling, Customer-Programmable Call ForWarding or any other type of automatic dialing or call routing system, calls to your new local calling area must be reprogrammed as local calls on October 2, 1999. If you currently subscribe to a Long Distance Optional Calling Plan, you may want to contact U S WEST or your long distance provider to determine if this change will affect the plan. Customers with Foreign Exchange service shou'd determine if they will have a need for this service after October 2, 1999. However, be aware that converting to a different class of service would require a change in telephone numbers. If you wish to change your existing service or if you have questions about this change, please call U S WEST at the number listed on your bill or at the appropriate business office number shown below: Residence Small Business Large Business, Government and Education Federal Services 1-800-244-1111 1-800-603-6000 1-800-403-3174 1-800-879-2807 U S WEST<<> * Printed on Recycfed Paper WBRN EAS 0999 D PROPOSED EXPANSION FOR WOODBURN WCAL CAWNG AREA 6A Aurora 258,678,776 Beaver Creek 518,632,732 Beaverton 207.259,277.330.332.350,356,372. 419,430.439.466.469,520,521,523. 524.526.530,531,532,533.574.578, 579,591,596,601.605,613.614,617, 626,627,629.641,642.643,644.645. 646.649,671.672,677.690.746,748. 848.906,941 Burlington 278.473.621,734 Carlton 852 Charbonneau 694, 770 Colton 824 Corbett 328,695 Estacada 334.630,637 Forest Grove 270.324.352,357,359.716,840.992, 985 Gresham 405.456.465,489,491,492,512.573, 618.660,661,663.665,666,667.669. 674.676,766.907 Hillsboro 214.264,268.4iO, 536.547. 6i5,640. 648.681,693.696,707.712,726,747, 844.846,858 Hoodland 354.622 Lake Oswego 210.303,343.387.472.534.594,635. 636.675.697.699 Mollalla 758.759,829 Mt. Hood Meadows 337.386 Newberg 476.487,537,538,550.554,899 North Plains 389,433,447,647,773 Oak Grove-Milwaukie 305,344.353.462,496.513.571,652. 653.654,659,683.744,786,794,850, 905 Oregon City 212.342,388.406.420.451,546,557. 650,655.656.657.722.723.765,882 Portland 201,202,203.204.205,209,215,216, 219.220.221.222.223.224.225.226, 227,228.229.230,231.232,233.234, 235,236,237,238,239.240.241,242, 243,244,245,246.247.248.249,250. 251,252.253,254.255.256,257.260, 261,262,265,267,271,273,274.275, 276,279,280,281,282,283,284,285, 286.287,288,289.290,291.292,293. 294,295,296.297,299.301.306.307, 309.310,312,313,314.317,318.319. 320,321,323.326,327,329.331,335. 340.341.345,347.348.349.351,358, 380.381,382,401,402,407,408.4i2. 413.414.415,416.417,418,421,422. 423,425,426.432.441,444.445.449. 450,452.453.460,461.464.471,475. 477.478,481,484.485.488.490.493, 494.497,499.501,502.504,505,514. 515.516.517.519,522,525.527.528. 529,535,539.542.548.552.553.572. 575.577.599.604.679.680.701.702. 703.704,705,706,708.709.720,721, 725.727,730.731, 733. 735, 736, 745. 752,753. 754. 756, 757. 760.761. 762. 768.771. 772, 774. 775, 777. 778. 780, 781.784.788,789.790, 793. 795, 796. 797,799,802,803,804.805.806.807. 808,810,813,816,817.818,819.820. 821,823,827,830,833,849,860,865, 866,869,870,872.880,886.887,889. 890,891,892.903,904,909,916,919, 920,921,936,937,938.939,940,942. 943,944,946,948.952,955,957.961. 962,963,969,970,972.973,975,977. 978.983,988,991,997.998 RedIand 631 Ripplebrook 424,834 Sandy 427,668,826 Scappoose 543 SChoDs 616.628,828 Sherwood 217,486,610,612,625,691,692,822. 825,862.885,925 Stafford 218.404.454,506.570,582,638,673. 682,685.783.855 Sunnyside 482,498,558.658.832,878.698 Tigard 213,403. 43i. 443. 495. 544. 590, 597. 598,603,608.620,624.639.670.684. 713.968 Veronia 429 Yamhill 662 6B [RH~ ~IeO\Yl~1Q) SEP 2 3 1999 September 22, 1999 City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Public W orles Department Dear City Council Members, This letter is in regards to our requesting to be connected to the city sewer. We have owned our home at 2374 N. Boones Ferry Road since 1986. We have always enjoyed having our own septic system until the past few years. Since all the construction around us has occurred the water table around our property has risen considerably. This has caused our septic to not work properly. We are now in desperate need to hook into city sewer. Everyday we are faced with limiting laundry, bathing and watering needs. The water sits in our yard for days after it rains. Please help us! We will consider annexation into the city of Woodburn, however we have our own well and will not need city water. Our well also serves as water for the Glatt Art League, which we have never charged them for. We have heard through other local residents that you have in the past made arrangements for the payment to be deferred until the sale of the house. If this is true, we would very much like to do this, as fmancially it would be much easier for us. Thank you for your time. We look forward to getting this underway before the rains set in. If you have any questions, please call us. Our home number is 982-0124 and our office number is 503-297-8486. , ~1r~@~ '1'~ Louis and Rhonda Nauta 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 1999. CONVENED. The meeting convened at 7:05 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Null, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0027 Mayor Jennings stated that he will be calling for an executive session on the litigation issues after agenda item 8 rather than waiting until agenda item 17. The executive session on the City Administrator's performance evaluation will continue to be agenda item 17b. 0041 CHAMBER OF COMMERCE REPORT. Scott Cummins, representing th~ Chamber of Commerce, stated that the annual Chamber Golf tournament will be held on Friday, September 17th, and there is still an opening for a team. The Chamber is also sponsoring Business Week in Woodburn (October 18 - 22) and classes along with industrial tours will be offered during that week. The Business Week showcase will also be held that week at the Woodburn Armory. This year's corporate sponsor is the Big 3 auto dealers (Hillyer's, Miles Chevrolet, & Hershberger Motors). He also informed the Council that there will be a change in the Chamber's office hours to 9:00 am to 5:00 pm effective October 15t and the office will be open during the lunch hour. Page I - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING 0076 ANNOUNCEMENTS. A) PubUc Hearing: Vacation of street right-of-way. On September 27, 1999,7:00 pm., the City Council will hold a public hearing of the vacation of street right-of-way for a 100 foot strip south ofW. Hayes Street and behind Columbia Drive. B) Public Hearing: Comprehensive Plt1.n amendment. On October 11, 1999,7:00 pm., the City Council will hold a public hearing on a proposed comprehensive plan amendment incorporating Parks and Recreation updates. C) Continu.atWn of PubUc Hearing: Site Plt1.n Review #99-05. The City Council will continue the public hearing regarding SPR #99-05 (Stein Oil Company) on October 11, 1999, 7:00 p.m., in the City Hall Council Chambers. 0097 LIVABILITY TASK FORCE REPORT. Administrator Brown stated that the Task Force had began its work in June 1999 and a memo was included in the agenda packet outlining programs that have been accomplished to date and on organizing itself on program delivery. The Task Force has established a mission statement along with defining "livability" by preparing policy statements. The Task Force is recommending that the Council accept the policy statements and promote them in everything that the Council does when guiding the City's future direction. General categories established by the Task Force are as follows: Community Pride, Sense of Community, Activities and Events, Services, Transportation, Jobs and Economy, Environment, Structures, Education, and Public Facilities. He also read the policy statement for each category to share with the public the Task Force's feelings on livability issues. The Task Force will be focusing on areas in which they believe they will have some direct impact and in the other areas they will be supporting the other agencies or committees focusing on those issues. Categories they will be focusing on include community pride, sense of community, community activities, community services, and publi~ facilities. Primary projects to be worked on between the fall of 1999 and spring of 2000 include: Fall clean-up day, 1 celebration yet to be determined, develop volunteer structure and resource base, promote and/or establish a Saturday Market, hang flower baskets along Highway 99E, assist the Police Department with code revisions and developing a wide-reaching community education program regarding the Code Enforcement regulations, and a Spring Clean-up Day. Pete McCallum, Livability Task Force Co-Chair, stated that the Task Force worked to define livability and they were focusing on Woodburn rather than other communities. The Task Force will continue with the direction set by the Council as long as the Council continues to emphasis and support livability issues. On behalf of the Task Force, he thanked Administrator Brown, Police Chief Null, and Management Analyst Matt Smith for all of their work on this project. He feels that the Task Force has developed a document that can be changed and at this time, covers what the Task Force sees as important issues. A crucial component of this project is to develop a volunteer base and Page 2 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING the Task Force will be looking to the churches, schools, service organizations, business community, and neighborhoods to join with the Task Force in promoting and volunteering to make this project a success. Another component is education since there will be code regulations that will need to be enforces and they hope that citizen education will help to promote a sense of community and pride. Nancy Kirksey, Livability Task Force Co-chair, informed the public that their first project will be held on October 2300 in conjunction with the Woodburn Downtown Association tree planting and beautification project. The Livability Task Force will be hosting an open house at the Community Center and providing volunteers with garbage sacks and dumpsters will be available at specific locations. There will be flyers forwarded to businesses, churches, service organizations, etc. to recruit volunteers to participate on this project. She stated that more information will be made available as the details are finalized. She encouraged residents to participate and help make Woodburn more beautiful. Councilor Kilmurray thanked the Task Force and the staff for all of the work accomplished to date since, by reading the report, it shows that the group thought through the process in order to develop a program that can be implemented. FIGLEYIPUGH... Council support and endorse the program of the Livability Task Force. The motion passed unanimously. 0542 PROCLAMATION: LATINO HERITAGE MONTH. Mayor Jennings stated that the Woodburn School District title IA & IC Parent Advisory Committee will be hosting a special performance by Ballet Folklorico of Puebla, Mexico, on September 14, 1999 from 7:00 pm to 9:00 pm in the High School gymnasium. The performance is free and coincides with the annual Hispanic Heritage month and Latin American Independence Day celebrations throughout Oregon. The school is asking for the public's participation by att~nding this event which is sponsored by the Mexican Cultural Center of Oregon and Woodburn Public Schools. 0606 Mary Graves, Woodburn Company Stores general manager, requested Council assistance in working with the Oregon Department of Transportation (ODOT) to fulfill their obligations relating to traffic. She stated that Woodburn Company Stores has done everything that they were required to do relating to improving the traffic flow both in and out of the center. As of this date, ODOT still has not installed the sign bridge that would cue traffic into the two or three traffic lanes of as motorists approach the interchange. Additionally, the interconnect has not been activated between the signals which is also a concern. She stated that she has talked to ODOT regarding these issues and they stated that they would install temporary signage, however, even that has not been done as of this date. Traffic is still significant on the weekends for visitors to the center and it will continue to be significant as the holiday season approaches. She stated that traffic flows Page 3 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING quite well getting into the center, however, traffic issues are evident for those visitors leaving the center. Administrator Brown stated that staff had met with ODOT in June 1999 on the specific issues of the sign bridge and interconnect. The costs of the sign bridge were to be shared by the City, Woodburn Co. Stores, and ODOT. He stated that the City has offered to pay approximately $55,000 towards the cost and have encouraged ODOT to get the sign bridge done before the Thanksgiving holidays rather than waiting for February or March 2000 which is what ODOT preferred as a delivery date. Staff will continue to encourage ODOT to speed up their time frame to install the sign bridge. In regards to the interconnect, the City has offered ODOT a portion of the funding to get the interconnect done more quickly and have offered them an abandoned city sewer line as a means of providing a conduit for the line between the east and west side of the freeway. The City is also waiting for ODOT to make a decision on this issue. Steve Craig, developer of Woodburn Company Stores, stated that the issues before the Council are now with ODOT. He stated that his company has designed the sign bridge since ODOT did not have time to design the sign with the understanding that their costs for designing would be deducted from their share of the project. The drawings have been approved by ODOT but no action has been taken by ODOT to either install permanent or temporary signs. Councilor Pugh suggested that a sign directing traffic to the appropriate lane for either 1-5 northbound or southbound would relieve a portion of the traffic back-up on Arney Road. Mayor Jennings stated that, without the sign bridge, motorists do not realize that there are two lanes of traffic on Woodland Ave and he requested that the Council consider sending a letter to ODOT to remind them of what they had promised in July 1999. It was the consensus of the Council that Administrator write the letter for the Mayor's signature. 0925 CONSENT AGENDA. A) Approval of regular and executive session Council minutes of August 23, 1999; B) Review of draft Planning Commission minutes of August 26, 1999; C) Approval of claims for the month of August 1999; and D) Receipt of the Building Activity Report for the month of August 1999. FIGLEYIPUGH... consent agenda be adopted as presented. The motion passed unanimously. 0933 EXECUTIVE SESSION. FIGLEYIPUGH... move into executive session under the authority of ORS 192.660(1)(h) and ORS 192.660(1)(f). The motion passed unanimously. The Council adjourned to executive session at 7:35 p.m. and reconvened their meeting at Page 4 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING 8: 19 p.m.. 0951 Following their return to the meeting, Mayor Jennings stated that no decisions were made by the Council in executive session and only items pertaining to litigation were discussed. 0967 INFORMATIONAL PUBLIC HEARING: ESTABLISHMENT OF REIMBURSEMENT DISTRICT FOR IMPROVEMENT OF TRAFFIC SIGNAL ON HIGHWAY 219 AT WOODLAND AVENUE. Mayor Jennings opened the informational public hearing at 8:20 p.m.. He informed the public that it is the City's position that it is not a land use action and consequently the Chair will have some latitude in conducting this informational public hearing. Public Works Director Tiwari presented the staff report which incorporated general information relating to both informational public hearings being held at this meeting and specific information that pertained to this particular improvement project. He stated that all property owners in the proposed reimbursement district have been informed by regular and certified mail. The report is included in the agenda packet and he reminded the Council that they can either accept, deny, or modify the report. Specifically, this engineering report analyzed project costs prior to formulation of benefitted cost allocations to properties within the reimbursement district. It was noted that the report was developed within the guidelines and requirements of City Ordinance 2237 which established the reimbursement district process. Director Tiwari briefly reviewed the cost sharing methods used by the City in the past for other projects: local improvement district, private agreements, and reimbursement district. Properties in this reimbursement district are (1) the developer's property, (2) previously conditioned properties; and (3) future developable properties. He stated that his report does exclude property owned by the Oregon Dept. of Transportation since, based on legal advice from our attorney, it cannot be included in a reimbursement district. He noted that the property could have been assessed if a lOCal improvement district had been formed. Property owners of developed land are Waremart, Offspring (Hershberger), and Craig Realty Group (Woodburn Company Stores). Future developable land owners include Mr. Baker (parcel 2 - southeast comer of Arney Rd), and Moore Clear Company (parcels 3& 4 - north side of Arney Rd). He stated that there had been previous discussion of including the owner of Miles Chevrolet but it was later decided not to include it as part of the reimbursement district since they had given property for the widening of the street and had also built a portion of the roadway. In regards to the traffic signal project, the initial project cost submitted by the developer was $160,263.00. Staff reviewed the costs and found that a portion of the costs included in the roadway improvement project should have been included in the traffic signal project. The additional costs plus application fee brings the final project cost to $176,266.00. The report allocates cost distribution on a combination of square footage of land (75% factor) and projected vehicle trips (25% Page 5 - CounciiMeeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING factor). Of the total cost, the Baker property would pay 2.9%, Moore Clear Co. property 5.34%, Craig Realty property 38.47%, Offspring property 3.18%, and Waremart property 50.71 %. As part of the proposed reimbursement agreement with Craig Realty Group, the developer would pay the City 1 % as an administrative fee and interest rate charged to property owners until such time as the reimbursement fees are paid will be 8.25% computed at simple interest and would start accruing 30 days after the effective date of the Council Resolution. In his opinion, his report outlines a cost allocation method that is fair to all parties. 1760 Steve Craig, Craig Realty Group, stated that he had initially tried to get private agreements with the other property owners but this approach did not work. He stated that the two property owners who were, in his opinion, extremely fair and reasonable to work with were Waremart and Warde Hershberger. This project was complex and it involved not only private property owners but other outside agencies. The original proposal by his company was to allocate cost based on land area and, after reviewing the report, stated that he is in agreement with the allocation method used in the report. However, he would like to add the following provisions to the Resolution: (1) paragraph 6: exclude from such indemnity fraud, gross negligence, and wilful misconduct on the part of city staff or elected officials; and (2) paragraph 10: an extension of time be placed in the Resolution to allow the City Council the right to extend the time period from 10 years (2009) to 20 years (2019) if such property owners that were part of this district still had not improved their property. He requested that these modifications be made in both proposed Resolutions 1553 and 1554. He also wanted to share with the Council and representatives of property owners in attendance at this meeting that his company had paid an additional $30,000 in engineering costs plus the administrative fee which are not included in the reimbursement district. Overall, he feels that his company is paying their fair share for improvements wh~ch were made in a timely manner. 2146 Don Kelley, attorney representing Dale Baker, proposed that any testimony given in this hearing would also be made a part of the record for the second public hearing. Attorney Shields stated that an informational public hearing has been scheduled for each reimbursement district and the Public Works Director will give a presentation on the Arney Road improvement following this hearing. Attorney Kelley stated that most of his remarks would be directed to the Arney Road extension, however, he did not want to waive any of their rights by not making a lengthy presentation on each issue before the Council. He stated that, in his last conversation with Mr. Baker, notice of the hearing had not been received. He also informed the Council that he had brought a court reporter to these hearings for the purpose of providing him with a written record since he had 3 prior instances in which the tapes were not clear or blank. In his opinion, the underlying ordinance (#2237) is in violation of both the . Page 6 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING United States and Oregon constitutions. Specifically, there is a considerable amount of law governing the local improvement district process whereas the reimbursement district is not included in these laws. He feels that the reimbursement district takes away the rights of a property owner to remonstrate nor to provide a financing tool in which to pay off the costs allocated to each property. He also expressed his opinion that this district was formed as a result of a condition within a land use decision, therefore, the provisions of Ballot Measure 56 should have been followed. He feels that the pending Council action takes away the property owners' rights to develop their property until after they pay the reimbursement fee. He also argued that the traffic signal does not benefit Mr. Baker's property since it would be more valuable if it were not blocked the way it currently is and the only reason for the traffic signal is to take care of the excessive traffic flow created by Woodburn Company Stores. Mayor Jennings questioned if the Arney Road improvement and signalization projects were part of the City's Transportation Plan. Director Goeckritz stated that the projects were part of the Transportation Plan and that they were not site specific. 2660 Alan Spinrad, attorney represent Moore Clear Company, stated that he has some of the same concerns as expressed by Attorney Kelley. In his opinion, the underlying ordinance was passed for the benefit of the developer and it is a site specific ordinance rather than one passed for general application. His client did not even know about the ordinance until the notice was received on September 3, 1999. He stated that the City had been clear in their condition of approval and had also included a provision to have a local improvement district established. He feels that a violation of due process and equal protection has occurred. In their opinion, the improvement costs to be allocated far exceed what would have been required if they were to have developed their property prior to the development of Woodbuln Company Stores. He also objected to the establishment of a reimbursement district since costs that should have been allocated to ODOT are now being shared by all of the other parties whereas the establishment of a local improvement district would have allowed the inclusion of ODOT as a property owner. He reiterated that the local improvement district would have been the proper method to follow rather than the reimbursement district. He also stated that, for the record, he wanted these comments to be included in the record for both matters before the Council. 2922 Jim Parker, representing Waremart Foods, stated that Waremart does take exception to the methodology used in calculating the cost sharing. They do not dispute that some cost sharing is appropriate and they feel that they should not pay 50% of the traffic signal when the traffic generated only amounts to 10%. He requested that the Council not approve the reimbursement district in its present form and that it be modified. Page 7 - Council Meeting Minutes, September 13, 1999 SA ... COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING Mayor Jennings questioned if Mr. Parker was aware that a Waremart representative had previously committed to pay 50% of the cost. Mr. Parker stated that he was not aware of the previous commitment. Tape 2 Steve Craig stated Paul Simmons, Vice President of Ware mart, had agreed to a specific amount for that improvement. In regards to a statement on land size made by Attorney Spinrad, Mr. Craig stated that the retail portion of the development is 232,000 square feet. He stated that Craig Realty was not against a local improvement district but the costs involved in establishing the LID (legal and bond underwriting fees) would far exceed the cost of the improvements being contemplated. He stated that he would not object to looking at the LID process if the other property owners wanted to encumber their property with a larger amount and have the ability to pay over time. He also felt that Mr. Baker's property has not reduced in value since his development has generated more activity as a result of the Woodburn Company Stores development. Lastly, Moore Clear Co. had approached Craig Realty to finance their portion of the develop costs and his company had reached an agreement to finance over a 3 year period with no interest. After they had agreed to do it, they subsequently disagreed that they agreed. Attorney Kelley stated that their clients had met with Craig Realty Group several times and at each meeting, the costs of the projects continued to escalate. Steve Craig stated that original discussions with the property owners started with an estimated cost of $160,000 for a traffic signal and for street improvements to Arney Rd of $450,000. After all of the conditions were met, the traffic signal reimbursement cost submitted was $160,000 although some adjustments were made that increased the cost to $176,000. The substantial change relates to the Arney Rd extension which ultimately required more improvements than what they had originally planned. Public Works Director Tiwari stated that Mr. Baker did receive notice of this hearing on September 4, 1999. He also stated that reimbursement district has been used in a lot of places and that the City does have one in place for water and sewer reimbursements. In regards to the concerns expressed by Waremart, he felt that he has given the appropriate distribution of costs. Lastly, the project costs do not include engineering costs which have been borne by Craig Realty Group and are not part of the reimbursement district. Mayor Jennings questioned which cities currently have reimbursement districts in place. Attorney Shields stated that, to his knowledge, Tigard, Gresham, Tualatin, and Fairview have reimbursement districts. He also stated that the Public Works Director had mentioned his legal opinion which was addressed to the Mayor and Council and dated March 24, 1999, Memorandum Opinion #99-02, and he formally put the opinion into the record. Mayor Jennings declared the informational public hearing closed at 9:26 p.m.. Page 8 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING 0378 INFORMATIONAL PUBLIC HEARING: ESTABLISHMENT OF REIMBURSEMENT DISTRICT FOR ARNEY ROAD WIDENING. EXTENSION AND STORM DRAIN IMPROVEMENTS. Mayor Jennings declared the informational public hearing open at 9:26 p.m.. Director Tiwari stated that all of the affected property owners have been properly informed as required by Ordinance 2237. He proceeded to give the Council his report which is also required by the Ordinance. He stated that in 1992, conditions were placed as part of a development proposal at that time that Arney Road would be widened, bikelanes, and sidewalks since it was considered as an arterial roadway and property owners should not have been surprised with the extent of improvements made to the roadway. The storm drain extension box culverts did add as much as $60,000 to the project cost. The options available for determining the method of payment are local improvement district, private agreement, or reimbursement district. He reviewed the roadway area included in the proposed reimbursement district. The City's engineering staff had evaluated the costs presented by the developer and staff determined that the cost to be used in the reimbursement formula was $806,526 versus the cost submitted by the developer in the amount of $863,144. The application fee of $1,000 increased the reimbursement amount to $807,526. In regards to the distribution of costs to the property owners, the report proposes a 60% allocation based on land area and 40% based on frontage. Of the total cost, the Baker property would pay 18.11 %, Moore Clear property 28.72%, Craig Realty 47.82%, and Offspring Holdings (Hershberger) property 5.35%. The staff has also proposed an interest rate of 8.25% which was the prime interest rate as of September 1, 1999 and an administrative fee to be paid by Craig Realty in an amount established by Ordinance 2237. In his opinion, it is fair to share the cost of the improvements between the benefitted property owners and he believes the costs have been fairly distributed. He reminded the Council that reimbursement districts have been established by the City in past years for water and sewer improvements. He . recommended that the Council adopt the reimbursement district resolution without any changes. Attorney Shields stated that the legal opinion eluded to by Director Tiwari in his presentation was Memorandum Opinion #99-02, dated March 24, 1999 and previously distributed to the Council, and he entered this opinion into the record. 0809 Steve Craig stated that the traffic signal cost increased about 10% over the original estimates, however, the road extension project increased from his original estimate of $450,000 to $807,526. The original estimate was made prior to knowing all of the conditions and other requirements imposed by the State and Bonneville Power Authority. Subsequent meetings with the property owners did keep the property owners informed of escalating costs. He also stated that costs submitted were thoroughly reviewed by staff and, in some cases, costs deleted since they were not part of the Arney Road extension. . Page 9 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING He reminded the Council that his company paid for all of the engineering costs which amounted to approximately $70,000 and his company will be paying an administrative fee of $4,518.92. Neither of these amounts are included in the reimbursement district. He also reminded the Council that, under the reimbursement district process, his company is financing this project until such time as the other properties are developed. If an LID was established, he would be paid for the work from the proceeds of a public improvement bond and the property owners would have to pay security interest against the property. As far as his company is concerned, they would like to get paid for work already done rather than waiting until property is developed. Don Kelley, attorney representing Dale Baker, expressed his opinion that there is a big difference between the reimbursement district and an LID in that a reimbursement district requires the property owner to pay the full amount of the reimbursement allocation before a permit is issued or any land use action is taken. The LID allows him to finance the costs over 10 years at a lower interest rate and use his property immediately. He also distributed some figures to the Council to show that every time his client met with the developer, the figures continued to escalate. He also requested a copy of Attorney Shields' memorandum opinion #99-02. He reiterated that, in their opinion, the ordinance and the process before the Council violates due process and equal protection under the US Constitution, specifically Article 11 under the Oregon Constitution, Ballot Measure 56, City extension of credit for the benefit of a private party, and violates the tax regulation measures. He questioned as to how much the City owes Craig Realty just because he has built a factory outlet center and he contended that the project was the idea of Craig Realty and all costs associated with roadway improvements to get to the center should be borne by Craig Realty. If this was an LID, he stated that the City would have considerable latitude in assigning benefits to property, however, it cannot be arbitrary. He questioned why traffic trips ,are not be included in the distribution formula: He also contended that Craig Realty is asking the City for credit for money already spent in relocating Arney Road that was located on their property. He objected to the reimbursement district ordinance being passed after the project was completed and questioned the public benefit in adopting an ordinance and/or resolution to pay for something that was already completed. In his opinion, the 60% land and 40% frontage allocation was not reasonable in that Mr. Baker is being charged for frontage that wraps around the old and new Arney Road. He reminded the Council that Mr. Baker is being asked to pay 18.11 % of the costs when he owns only 2.7% of the land whereas Craig Realty Group owns 80% of the land but would only pay slightly less than 50% of the costs. He also questioned as to why the ODOT, Sprague, Stampley, Miles Chevrolet, and City owned properties were not included in the reimbursement district since all of these properties will benefit from this improvement. He reminded the Council that there was a need for speed on the part of the developer and improvements had to be done within a . Page 10 - Council Meeting Minutes, September 13, 1999 ,. 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING time frame that only applied to his development and it benefitted his project. The LID process could have been used had it been done prior to the construction being done. In regards to the Baker property, he stated that he did not think that he had said it was worth less money only that it was hurt by this project and does feel that it would have been worth more money if the roads had not been changed. He requested that the Council resist the invitation to consider other projects such as improvements Mr. Baker made to the Texaco property or the improvements that Craig Realty might have done that are not part of this project. For clarification regarding notice, he stated that to his knowledge, there was no notice given to his client of the adoption of Ordinance 2237 and, as of the last time he spoke to his client, he had not received notice of this hearing from the City. He had received a faxed copy from Moore Clear Co. which is how he learned of the hearing. A notice was sent by certified mail but it is hard to read the initials on the return card so they do not know who received the notice. Mayor Jennings stated that he did not want the record to show that the City did not send the document and if the Post Office obtained a signature on the card, then it was either Mr. Baker or his representative that signed the card. It was noted that the card was signed on September 4, 1999. Mr. Kelley concluded his remarks by acknowledging that he had said some things that some Councilors did not want to hear but this is about fairness and about the overall size and scope of the project. He does not believe that when the Council looks at the small area owned by Mr. Baker that the Council can honestly say that Mr. Baker should be taxed that much because of the frontage that goes around the curve which, in effect, doubles his frontage without giving him any additional space. He does not feel that he should be paying for 1I5th of a project whereas a large part of land located to the north is only paying for one-half of the project cost. They have had insufficient time to research this ordinance thoroughly and t? research the resolutions thoroughly, to have the cost figures.looked at independently by an engineer, and he asked that the Council continue this matter until he has had an opportunity to read Attorney Shields' memo and Mr. Baker has had an opportunity to see what went into this process. 1537 Al Sprinrad, attorney for Moore Clear Co., stated that the Gresham reimbursement district ordinance requires formation of the district prior to City approval of construction plans and, if developer proceeds before approval is given, the developer pays for full cost of the improvements. This ordinance is significantly different that the City of Woodburn's and there are issues of concern to his client. In regards to cost, the Public Works Director had also told his client that he anticipated that his client's share of the estimated cost for improvements would not exceed $100,000 - $125,000. Based on the figures in the report, his client is being asked to pay over $231,000. The developer may not have known about the need for the sidewalks or bikelanes but the Public Works Director did know of these . Page 11 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING improvements and his client was very surprised to learn that the cost share was almost double the original estimate. It is their contention that this project will be a very profitable venture for the developer and the roadway was built to accommodate traffic to the factory outlet stores. In his opinion, the ordinance is site specific, developer specific, in place of a required LID, and appears that it may be a cure for the developer's decision not to appeal the conditions of approval or to seek a LID. This process singles out 2 property owners to share huge sums of cost without giving them an opportunity to be present for the initial ordinance hearing. To date, all of the dollars spent regarding this road were spent by the developer and no public dollars are involved. He reiterated that the purpose of the roadway is entirely, solely, and completely for the factory stores and, even though there may be some benefit to other properties, the principal purpose was for those stores. He also suggested that the road would have been built even if there had been pre-existing businesses at the locations included in the reimbursement district. In his opinion, the Council has acted in a quasi-judicial manner and it is because of that quasi-judicial manner that the legal safeguards are more strictly required under both the Fasono case and Ballot Measure 56. In regards to his earlier referral to square footage of property owned by Craig Realty Group, the 1,700,000 sq. ft. comes from Attachment C to the Director's report. He noted that Craig Realty has 10 times the square footage of his client and yet his client has been allocated 28.72% of the cost of improvements. He also stated that the OOOT property located east of Moore Clear Co. has no benefit to his client nor will there be any other street access off of Arney Road on parcels 2 & 3 except from the private road that exists between them. He disagreed with the 60/40 allocation and suggested that costs allocated should be based on square footage alone. Another option would be to use the same formula as the traffic signal in which case the Baker property would be allocated with 4.65%, Moore Clear Co. with 10.83%, 78.05% for Craig Realty, and 6.45% for Offspring(Hershberger). He also stated that Moore Clear Co. had given the City property in the southwest comer of parcel 2 totaling 5,024 sq. ft and 20 ft. of frontage, both of which numbers should be taken out of the calculations for Moore Clear Co.. Additionally, on parcel 3, there is a strip ofland approximately 10 feet wide and 179 feet long that is owned by the State and, if frontage is used, the State owns that frontage and not his client. He reiterated that it was not clear to him why his client should bear any portion of costs that should be ODOT's burden since the roadway has no benefitto his client or anyone to the west of that property. Therefore, the developer should bear the cost for that area. Since this process is being done after the fact, the City did not have control over the monies being expended for this project. He told the Council that when Moore Clear Co. developed the RV Park in 1988, the City had conditioned their approval on Moore Clear Co. not using available water and sewer facilities on the west side of the property. Instead the property owner had to bore under Arney Road and to provide a 15' easement on the east side of their property for the purpose of supplying water and sewer to future areas. He stated that his client has had to contribute the land and expend . Page 12 - Council Meeting Minutes, September 13, 1999 ,. SA COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING significant funds for the benefit of the City. After the RV Park had been built, his clients had partitioned parcels 2 and 3 out of the existing RV park. Even though these two parcels are not developed yet, they had been the subject of actions by the City on two prior occasions and on neither of those occasions were they required to agree to contribute to future improvements. He felt that it was extremely difficult to justify the reimbursement methodology being proposed and he believes that there are difficulties with the ordinance and with the proposal in that a reimbursement must reflect the reality of this situation which is either square footage only or square footage and number of vehicle trips. 2354 Mayor questioned the location of the land owned by the City. Director Tiwari stated that it is the wetlands mitigated along Robin Avenue. He also stated that the State does own a narrow strip of land as stated by Attorney Spinrad but for the purpose of frontage, it was considered as if it was entirely Moore Clear Co. property since it was such a narrow strip of land (about 10 foot in depth). Councilor Bjelland questioned if the frontage on the Baker property wrap around the comer on Arney Rd.. Director Tiwari stated that a portion of the frontage does go around the comer since it is considered as developable land. Steve Craig stated that he is not asking for credit on this reimbursement district and they are paying 52.18% of costs included in the reimbursement district. He objected to comments made by the attorneys regarding his residence outside of Oregon in that he still has rights based on property owned in the City. In regards to the water and sewer lines, he concurred that the extension does benefit his property. When Hershberger Motors was developed, the water and sewer lines were widened and his company shared in that widening costs. He was also conditioned by the City to extend the water line from the Hershberger property north all ~fthe way to the Urban Growth Boundary, under 1-5, north to King Road through the Senior Estates parking lot. This extension will be a great benefit to all of those property owners since currently the water pressure is not sufficient consisently enough to serve those properties especially in the even of a major occurrence. It is his understanding that the ordinance was adopted in June 1999 and the major improvements to the area were completed on July 22, 1999 with final improvements in August 1999. He stated that a proposal was suggested for utilizing trip generation as a component of the calculation. He would be happy to consider that option because trip generation charts would benefit his company since the a fast food restaurant would be two or three times more than the trip generation for his type of property use. He reiterated that it is very difficult to please everybody and he urged the Council to get this issue resolved. 2698 Brad Husbeth, representing Elmer's Restaurant, stated that he was a CPA and, in listening . Page 13 - Council Meeting Minutes, September 13, 1999 .. 8B COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING to the numbers being discussed, the costs to be allocated to Moore Clear Co. are excessive in relation to costs allocated to the developer (about 8 times more). He stated that his company is considering the placement of a restaurant on a portion of one of the parcels owned by Moore Clear Co.. Attorney Kelley stated that the Sprague and Stampley properties are part of the Urban Growth Boundary and inside of the city limits, therefore, these properties are slated to come into the City at some time in the future. He briefly read an excerpt from the report and stated that the City is still acting arbitrarily unless the report would explain how it avoids an unfairness to property owners especially in light of the amount of money owing by specific property owners. 2889 Mayor Jennings requested clarification from Attorney Shields as to why the Sprague and Stampley properties were not included in the proposed district. Attorney Shields stated that there is a court case that needs to be considered by the City (City of Klamath Falls vs Lewis) and it rules that a reimbursement district must follow the boundary of the incorporated city. Attorney Kelley expressed his opinion that the legislation before the Council would not affect these properties until they come into the City since they could not apply for a permit until they were in the City, and the Urban Growth Boundary agreement with the County expressly gives the City an interest in the property between the City boundary and the Urban Growth Boundary. Public Works Director Tiwari briefly reviewed the following issues that were brought up during this hearing: 1) Trip generation: The Arney Road improvement district involves all commercial properties and some commercial activities, such as fast food service, involve intensive traffic generation. , 2) Frontage and square footage methods were combined since the benefit is greater for those properties that have both frontage and land area. 3) ODOT was ajudgmental decision and under the reimbursement district they are not included in the cost allocation. Overall, the property owners of the properties west of the ODOT property will benefit by the development of the factory outlet stores because of the traffic flow and that has been considered by staff in preparing the report. 4) In regards to the estimated costs to Mr. Bush (Moore Clear Co.), he stated that the full engineering plans had not been completed at the time and many things occurred which changed the numbers originally estimated. 5) The extension of the utilities by the RV Park is common practice in that the lines are extended from one end of the property to the other and the next developer does likely. Craig Realty is also required to extend to the north end of his property and Mr. Craig would prefer not to bore under 1-5. However, there is a cost share involved with the City . Page 14 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING for this connection project to King Way and ultimately all of the properties to the west will benefit from this extension. 6) The Reimbursement District ordinance was passed on June 28, 1999. 7) The public benefits in that there is better traffic flow in the area and public safety. These improvements are identified on the City's Transportation Plan and Arney Road is identified as an arterial roadway. Mayor Jennings questioned what improvements would be required if the fast food restaurant was built without any other development to the north. Director Tiwari stated that the road improvements would be similar as far as the frontage is concerned (turn lane, bike lane) with the difference being that the road would be built piecemeal. Councilor Bjelland questioned if improvements were made on the old Arney Road section (Baker frontage) that were included in the costs allocated in the reimbursement district. Director Tiwari stated that there were improvements made on the old Arney Road to the new road abutting the north side of the Baker property. 0257 Mayor Jennings stated that no action is necessary by the Council at this time since there are Resolutions to be considered under General Business. Mayor Jennings declared the public hearing closed at 10:50 p.m.. 0265 COUNCIL BILL 1988 - ORDINANCE AMENDING THE COMPREHENSIVE PLAN TO INCORPORATE CERTAIN GOALS AND POLICIES RELATED TO ANNEXATION AND GROWTH MANAGEMENT. Council Bill 1988 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Bjelland referred to page 6 (M-lO) and questioned if the third sentence should read "...water and sewer facilities shall not be extended...". Director Goeckritz stated that there is an typographical error in that sentence and it should read "..shall not be..." . Councilor Bjelland also questioned the purpose of Annexation Policies D-2-2, 4 pp, on the top of page 8. Mayor Jennings asked Attorney Kelley if he would provide the City with a copy of what was recorded. Attorney Kelley stated that he would be glad to supply a copy of the transcript to the City. Director Goeckritz stated that this is a policy that was required when the City was looking at the Waremart site so the State said that if the City was going to do that it needs to be incorporated in the City's Comprehensive Plan language to protect the State. . Page 15 - Council Meeting Minutes, September 13, 1999 . 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1988 duly passed with the emergency clause. 0445 COUNCIL BILL 1989 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED WEST OF BOONES FERRY RD. AND SOUTH OF COUNTRY CLUB ROAD. Council Bill 1989 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Councilor Bjelland questioned the need for the resolution to call for a public hearing. Attorney Shields stated that the resolution is a requirement within the state statute. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1989 duly passed. The public hearing will be held on October 25, 1999 at 7:00 p.m.. 0535 COUNCIL BILL 1990 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED ON THE NORTH SIDE OF AZTEC DRIVE EAST OF HIGHWAY 99E. Councilor Chadwick introduced Council Bill 1990. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill unanimously. Mayor Jennings declared Council Bill 1990 duly passed. The public hearing will be held on October 25, 1999 at 7:00 p.m.. 0557 COUNCIL BILL 1991 - RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN CHEMEKETA COOPERATIVE REGIONAL LmRARY SERVICE (CCRLS). Council Bill 1991 was introduc~ by Councilor Chadwick. Recorder Tennantread the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared the bill duly passed. 0584 COUNCIL BILL 1992 - RESOLUTION ESTABLISmNG A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF A TRAFFIC SIGNAL PUBLIC IMPROVEMENT LOCATED AT mGHW AY 219 AND WOODLAND A VENUE. Councilor Chadwick introduced Council Bill 1992. The bill was read by title only since there were no objections from the Council. Attorney Shields reminded the Council that the City has in place the enabling ordinance which provides for a 10 year maximum period and the Council cannot act by Resolution to amend the enabling ordinance. Councilor Pugh complimented the staff on the work accomplished on this issue. Councilor Figley expressed her thanks to the Public Works staff for doing a good job Page 16 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING under trying circumstances. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1992 duly passed. 0671 COUNCIL BILL 1993 . RESOLUTION ESTABLISHING A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENT OF ARNEY ROAD. Councilor Chadwick introduced Council Bill 1992. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1993 duly passed. 0702 COUNCIL BILL 1994 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 17518 WITH THE STATE OF OREGON FOR PUBLIC TRANSIT FUNDS. Council Bill 1994 was introduced by Councilor Chadwick. 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 1994 duly passed. 0726 CONTRACT A WARD: BID NO. 99-28 (MISCELLANEOUS STREET RESURFACING IMPROVEMENTS). Bids for resurfacing a portion of Evergreen Road, Park Circle, James Street, Tierra Lynn, Amy Court, and Kevin Court were received from the following contractors: North Santiam Paving, $129,704.40; Salem Road & Driveway, $134,489.98; Morse Bros., $136,812.40; and Brix Paving, $152,494.40. Staff recommended the acceptance of the low bid from North Santiam Paving which was below the engineer's estimate of $138,216.00. FIGLEYIPUGH...low bid fro~ North Santiam Paving in the amount of $129,704.40, bid no. 99-28, be accepted. The motion passed unanimously. 0740 ACCEPTANCE OF UTILITY EASEMENTS. Staff recommended the acceptance of utility easements from Charles and Neelie Schultz for installation of a storm sewer main in conjunction with the Miller Links subdivision. FIGLEYIKILMURRA Y... utility easement be accepted. The motion passed unanimously. 0755 REOUEST FROM THE WOODBURN ELKS LODGE. Staff recommended that a request from the Elks Lodge for a partial street closure and the ability to sell merchandise from a vehicle parked on a street be allowed for October 2, 1999. The location for this event is 409 N. Front Street and involves blocking off 3-4 parking spaces between the hours of 7:00 am to 6:00 p.m.. Page 17 - Council Meeting Minutes, September 13, 1999 8A COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING SIFUENTEZlPUGH... request be granted. The motion passed unanimously. 0770 REOUEST TO REMOVE TREE ON KING WAY. Property owners of 1681 and 1647 King Way requested permission to remove the two trees located within the public right-of-way and on their property lines. Staff recommended that permission be granted subject to the following conditions: 1) Staff to notify property owners in the immediate neighborhood within next 30 days and removal can be authorized if no objections are filed with the City from the neighbors; 2) Property owners shall comply with Ordinance 1908 and shall replace trees with suitable species; and 3) No cost share by the City be provided by the City as allowed by Res. 1514 because the trees appear to be healthy. Councilor Pugh questioned if there was anything else that can be done in lieu of cutting down the trees. Mayor Jennings stated that he had done a site visit and he informed the Council that the trees will continue to deteriorate the curb and driveways and the roots are laying on top of the property owners' lawns. PUGHlKILMURRA Y.... accept the staff recommendation to the remove the trees subject to the conditions listed above. The motion passed unanimously. 0833 SITE PLAN ACTIONS. A) Site Plan Review 99-12 and Variance 99-08: Bridgeway Modular Unit (399 Young Street). No action was taken by the Council on this issue. B) Site Plan Review #99-13: Administrative approval of a 2,190 square foot addition to a warehouse located at 2519 N. Front Street. No action was taken by the Council on this issue. 0856 CITY ADMINISTRATOR'S REPORT. A) Vision Insurance Coverage: Administrator Brown briefly reviewed the memo outlining the vision insurance coverage proposal for non-union employees. This coverage would be paid for by the employees through payroll deduction. There were no objections from the Council to adding the vision insurance coverage to the non-union health insurance package. 0893 B) Golf Carts in Senior Estates: Police Chief Null stated that the City Council passed an ordinance in 1983 which allowed golf carts to be used in Senior Estates for either going to the golf course or to Fairway Plaza. Those residents who lived outside Senior Estates could obtain a vehicle license to put on the golf cart and use it as transportation within the City. Recently, the Dept. of Motor Vehicles (DMV) has deemed that golf carts should Page 18 - Council Meeting Minutes, September 13, 1999 SA COUNCIL MEETING MINUTES SEPTEMBER 13, 1999 TAPE READING not be used as a motor vehicle and licenses will be revoked. Staff will be coming back to the Council with a revised ordinance which will be consistent with the state law requirements. For transportation planning, future golf cart paths would need to be located outside of the roadway. He has asked his police officers to hold off for a 30-45 day period before enforcing this statute in order to give staff time to educate the public on the change in the law. Discussion was held regarding the licensing of electric vehicles and further clarification of how a golf cart can be used by residents in the future. 1158 EXECUTIVE SESSION. FIGLEYIKILMURRY.... adjourn to executive session under the authority of ORS 192.660(1 )(i). Administrator Brown stated that he understands that he has a right to hold the evaluation in open session, however, he is waiving his right to the open session. The motion passed unanimously. The Council adjourned to executive session at 11 :22 p.m. and reconvened at 12:28 p.m.. 1190 Mayor Jennings stated for the record that no decisions were made in executive session. FIGLEYIKILMURRAY... grant the City Administrator a 7% annual raise with the effective date of October 1, 1999. The motion passed unanimously. 1205 ADJOURNMENT. FIGLEYIBJELLAND... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 12:30 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon . Page 19 - Council Meeting Minutes, September 13, 1999 Executive Session COUNCIL MEETING MINUTES September 13, 1999 SA DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 1999. CONVENED. The Council met in executive sessions at 7:40 p.m. to 8: 15 pm and at 11 :30 pm to 12:28 pm with Mayor Jennings presiding at both sessions. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley Kilmurray Pugh Sifuentez Present Present Present Present Present Present Present The first executive session was held under the following statutory authority: 1) ORS 192.660(l)(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; and 2) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection. Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Also present at this session was Administrator Brown, City Attorney Shields, and City Recorder Tennant.. At 7:48 pm, Councilor Pugh left the session during the discussion of a litigation issue in which he had previously declared a conflict of interest. He returned to the session at 8:05 p.m.. This executive session concluded at 8: 15 p.m. and the Council returned to the Council Chambers to continue with the regular meeting. The second executive session was held under the statutory authority of ORS 192.660( 1 )(i) to review the employment related performance of the City Administrator. Mayor Jennings reminded those in attendance that information discussed in executive session is not be discussed with the public. Also present at this session was Administrator Brown (11 :40 pm to 12:25 pm) and City Recorder Tennant. This executive session was adjourned at 12:25 p.m. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of W oodbum, Oregon . Page I - Executive Session, Council Meeting Minutes, September 13, 1999 8B MINUTES WOODBURN RECREATION AND PARKS BOARD September 14,1999 Council Chamber, City Hall 3. MINUTES: Dorothy Senatra moved be approved; Frank Anderson seconded tI2,1999,14eeting sed unanimously. 1. CALL TO ORDER... The meeting was called to order at 7 Debbie Wolfer. 2. ROLL CALL... 14EM:BERS PRESENT: Fra Kelly, Dorothy Senatra, Debbie Wolfer and Counc' MEM:BERS ABSENT: Patti STAFF PRESENT: Randy Director; Kathy Willcox, Aquatics 14anager; Brian Pat Chandler Smith from the Office 4. BUSINESS FROM THE present at this meeting. 14embers and Staff were . :Manager Brian Sjothun gave Board a1ked a ut line item expenditures in the report and Woodburn Together. He reported on Summer Day e free program had been at Burlingham and e football team is being realized, 30 youngsters will play r 200 at Legion Park. There are 597 signed up for Youth 53 coaches. said the parking at Centennial Park for Soccer is a problem. o staff members there to show people where to park. Frank t he felt the parking was indicative of something to celebrate, citing . success for the program has been a dream for a long time. He co ed Brian for his efforts. Other events/programs mentioned were Open Gym; 6th, 7th, and 8th grade dances; Ann Finch's dance and tumbling classes; and Adult Basketball which Brian anticipates will generate some 22 teams. The Settlemier Drop..ln Center is now open; the choice of which of the Centers to go to will depend upon which school participants attend. Finally, Brian said the Pepsi trailer is bringing in substantial revenue. 8B Darryl Kelly congratulated Brian on his new appointment coaching at the high school. Brian said he hoped to integrate the older players as mentors with the younger. Brian invited Board Members to join with the community at an OPEN HOUSE at the SETI1..EMIER CENTER on Tuesday, September 28th, from 6.. 7 p.m. Aquatics: Kathy Willcox reported that this summer had not citing the weather as a factor. Her division is beginning plontWy started with Buck Fridays for students who have early instead of $1.25). There were 200 in the pool at las anticipated 300; she said a better way of distribu . In addition, Saturday was the first day of Soccer, a Swim lessons for students will begin when time been successful in past years. Leslie Greear has been promoted to Assistant Supervisor has been hired, so that all operative h lifeguards are on duty. Debbie Wolfer want position had been opened; Kathy exp . that it was an entry level position, an . answered Debbie's questions about training. 4'f Swim team practices have ched afternoon. Randy said tha tWeti teams pri' ed to be a e the Fr Council be done wi that she e . vision, and a Shift n addition, 4 new sistant Manager e year and the fact re productive. Kathy also r's certifications and will be closed from 3:30 to 5 in the had spoken with considered their situation at the pool. Randy said the City an engineer which indicated that something has to within the next 18 months. Kathy Figley said art of the upcoming budget process. ilities: Randy reported that John and staff had begun the ark. In addition to their replacing rotten timbers and helping with wiring and transformer problems in the park. es create conducting difficulties, the division is also working with rm property owners of their responsibility to either trim or take out that John is also on hand to make weekly inspections at Centennial Park to monitor the landscaping progress there. Herbicide has been used on weeds, and seeding has taken place to cover spots missed. Finally, John and his staff are finishing the Drop..In Center and Brian's office at Settlemier. Brian will be moving his office from the Community Center on TIrird Street, as soon as the phone system is installed. There are plans for the rest of the administrative 8B offices to move back to City Hall this fall. 6. SPECIAL EVENT FEES & CHARGES A. MASTER FEES SCHEDULE UPDATES: Randy told the Board that the City Council plans to revise fees shortly, and that for this reason the fees char~ed for parks would be discussed before facility usage policies, as anticipated. He handed analysis of Special Event Costs/Fees for members' perusal, with s fr Department that reflected the City's cost for personnel ren promoters have exclusive use of parks over a period 0 widi profit, i.e. large, regional events with expectations 0 re than attendance. No longer will there be staff available an "on Randy said that for these large events, staff will be by these fee updates. What is being proposed is that there be a Special $1275, additional days at $400 each...or...a $50 Frank Anderson was reassured that the de enough that violations and clean up costs c promoters needed to be aware up front were not upheld. He said he felt the fi. were he was aware. This kind of system used, the changes of the fee schedules with sending out fliers. Randy wanted the me the fee sc e would' out. It t would be . fu COMPREHENSIVE PLAN UPDATE Commission was as supportive of the public meeting as it had been during last month's t Board Members attend the next G COM:MISSION MEETING FOR PUBLIC on October 11, 1999. OVEMENT PROGRAM STRATEGIES: Randy asked members to ent on strategies for funding the Comprehensive Plan that had been in e Board packet. He said that SDC's cannot be used for renovation. Future projects suggested in the Plan are given several options for funding in the strategy charts. Each was discussed. Randy suggested that there be at least a review of the option to join the school districts and Chemeketa in a bond issue. Frank knew that working together like this had been successful for everyone involved in Parkrose, where they built a Public Service C.enter. ugh they had hoped that changes in tructure, that this proposal left that cost considerably, and that such a recovery . t for one day that costs hichever is greater. nts would be . Darryl Kelly said charged if agreements on to others with which te Fair. Frank added that to actively promote City parks, 8B As possible sources of funding were discussed, Randy explained that there are presendy two tiers involved, a six year plan to coincide with CouncU calendars, and another 14 year projection, which would develop the Plan over 20 years. He said that the projections have their foundation on the vision of Woodburn being "a great place to be", and added that more visio~ of future prospects would be a part of the process. Darryl Kelly stated the importance of maintenance being as high a priori construction projects, that it ought not get lost in the process. e this proposal changes the way things are done, i.e. it is a ulti,pr: more than one thing at a time, and planning for the to one project. Janet Greenwell said that this would ap, more hr: Frank Anderson added that it was his view that things get cooperative bonding. 8. BUSINESS FROM THE BOARD Darryl Kelly said that the new signs looked g be improved. Dorothy Senatra brought up the decision to Ucense golf carts; Randy said included, from the transportation plans, Janet Greenwell asked about the t of Ska Tualatin's park appeared to be the ted, park landscape there. Debbie ~ t she quality construction, and that ork wi they would be the ones us' design, a young T oge . cate Rand me are able to s the one at Burlingham the DMV's urn's green ways . Ie p ys. . Randy reported that it was an intregal part of the we needed both good design and e youngsters themselves, since aid we would be responsible for the . Brian Sjothun added that Woodburn t in he to fund a skateboard park. skateboarders should be more aware of where they wed or presents a danger. concensus at 8:20 p.m. ~ e 8e WOODBURN PLANNING COMMISSION September 9, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: Young Cox Will Lawson Lima Mill Bandelow Lonergan Heer P P A A A P P P P Steve Goeckritz, Community Development Director Jim Mulder, Senior Planner Nancy DeVault, Secretary Chairperson Young informed the Commission that Commissioner Lima is out ill this evening. MINUTES Commissioner Heer moved to accept the August 23, 1999 minutes as written. Commissioner Mill seconded the motion, which carried. Chairperson Young welcomed everyone in the audience. He stated it is nice to see the people that are interested in the community that come out and view the process of City Government. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A. ComDrehensive Plan Amendment 99-02. City of Woodburn Parks & Recreation. Staff stated Randy Westrick, Parks & Recreation Director will give the opening presentation on his parks proposal. Planning Commission Meeting - September 9, 1999 Page 1 of 13 8e Randy Westrick informed the Commission he will be Staff and applicant tonight. He expressed his pleasure in having the hearing tonight. He explained this has been a two year effort and has gone through three directors and they are finally here and moving forward. Randy remarked that Don Gayner, Consultant for the project, will walk the Commission through the the plan and describe what they expect to do. Don Gayner. Associates of Beaverton. Oregon. 15418 NW White Fox Dr.. Beaverton. OR reviewed the major points that are included in the plan. Mr. Gayner reported surveys were sent to 800 randomly selected residential addresses in the City of Woodburn. The surveys would help identify activities, interests and facilities that the community felt were important, what people felt in terms of their preferences for facilities needs and issues concerning facility maintenance and repair. 68 surveys were returned undelivered by the Post Office and therefore, 732 were actually delivered. 187 respondents completed and returned the survey. Mr. Gayner considered this to be a very good response rate. He reported a needs assessment was prepared based on a comparison of the existing level of services facilities with other communities of similar size (Chehalem Park & Recreation District in Newberg, City of Oregon City and the City of Canby). Utilizing the information gathered from various sources, findings and implications were prepared to form the basis of their recommendations. Randy Westrick remarked the Recreation & Parks Board has the item of project prioritization on the next agenda and will be working on it to prepare for the budget process that will start next year. Chairperson Young inquired whether there is a time line that will include the various projects in a prioritized list? Randy Westrick replied the project will be divided into various categories regarding what type of funding sources they can use on those projects. Commissioner Lonergan asked if he has looked at building a community center on current parkland? Randy Westrick answered yes and believes that the objective is to not acquire additional land. Commissioner Mill requested clarification to SDC's. Don Gayner explained SDC stands for System Development Charges. They are fees that are collected at the time property is developed. These fees are to help offset some of the impacts that development will have on public facilities. Testimony by Proponents Vice Chairoerson Cox encouraged people to come up and testify even if they do not know whether they are a proponent or proponent. Planning Commission Meeting - September 9, 1999 Page 2 of 13 8e Testimony by Opponents Clarification was requested by some members of the audience regarding the notification received in the mail about Parks & Recreation Comprehensive Plan. Staff clarified under Ballot Measure 56, passed last November, requires the City to notify all property owners at any time that a Plan Amendment is made to the City's Comprehensive Plan. He explained the Parks element is a part of the City's Comprehensive Plan. Staff added there is a Parks Plan already in place, however, this is an update through the Periodic Review process which requires the City to notify all individual property owners. He commented there is a statement within the notification that really causes some concern on the part of property owners. Staff quoted the statement contained in the notice. He pointed out the statement is in quotes because it is straight out of the Ballot Measure that was passed by the voters that requires the City to incorporated that statement every time an amendment is made to our Comprehensive Plan. It is Staff's personal opinion that Parks enhance the livability of a community and actually raise the values of property, however, they are required to incorporate that statement in every notice that goes out every time they want to amend the Comprehensive Plan. Penny Tishendorf. 920 Hermanson. Woodburn pointed out that the map utilized in the presentation is not current. She added that a proposed bike and walking trail goes right through her pond. Mrs. Tishendorf also noticed they have picnics tables and benches in the pond area. She remarked that the pond is in a wetlands area and she has never seen picnic tables grow in a wetlands area. She requested the Commission take a look at the plan because there are some faults with it. Roger Mathis. 1810 Astor Way. Woodburn quoted from the notice he received in the mail and questioned whether there is anything that will affect property owner's use of their land? Chairperson Young stated this is the language of the Ballot Measure. Vice Chairperson Cox said he does not think that this will reduce property value but they have to say that because the law requires it. He added this will change substantially the Park component of the Comprehensive Plan and any time you start changing a plan including changing SDC fees etc.,' it will change the cost of development, it will change what developers have to do and that at least theoretically has the possibility of affecting value of property. He suggested that each citizen obtain a copy of the amended Parks & Recreation Comprehensive Plan which is available at City Hall between now and the time of the Council meeting. Roger Mathis remarked all he needs is that the Commission can assure them that it is not going to regulate or change the value of their individual land. Vice Chairperson Cox replied it is not going to affect what he can do on his property at home. Planning Commission Meeting - September 9, 1999 Page 3 of 13 ~ 8C Ruby Doll. 963 E. Lincoln Street. Woodburn asked if these lands are already acquired by the City or are they yet to be purchased? Randv Westrick responded the plan proposes some acquisitions. There are some lands in the green ways that the City does not own. The City is required to purchase land at fair market value. Secondly, this is a 20 year plan, therefore depending on how the Planning Commission, Parks Board and the City Council deem priorities, some of these may not be implemented for 20 years, if at all. It all has to do eventually with what kind of financial resources the City has available to implement the plan. Commissioner Mill inquired if there is any kind of figure on how many pieces of property at this time in private hands would need to be acquired to achieve the Parks Plan? Randy Westrick stated they need about 5-10 acres over the next 20 years. Chairperson Young touched on a few of the 30 projects listed in the plan. Chairperson Young closed the Public Hearing. Discussion Commissioner Mill asked what are the next steps that the Commission need to take to move this forward? Chairoerson Young replied after the discussion we would recommend that Staff would bring back the facts and findings and present it to the Commission at the next meeting and then the Commission would make a recommendation to the City Council for this Plan with any comments that we would like to include. Commissioner Lonergan stated he thinks this is a great tool and admires and appreciates all the work that has gone into the Plan. He strongly supports it and hopes it is something they prioritize and that the Council and citizens of Woodburn will actively get behind and pursue. Vice Chairoerson Cox concurred with Commissioner Lonergan's comments. He requested a response regarding the fact that the map may not be up-to-date. Secondly, he inquired if the Plan is adopted, are we locking ourselves into doing something that is not an appropriate use in a wet lands? Randy Westrick responded the map is intended to be general and it doesn't follow specific guidelines. He further commented a permit would be required from the DSL and Army Corp of Engineers for any work done in a wet land area. Randy does not think doing minimal developments in those green ways is going to create problems with our wet land environment and we have controls from the State, Federal Government and internally that will help us with that. Planning Commission Meeting - September 9, 1999 Page 4 of 13 8f Commissioner Lonergan could not help to find somewhat humorous that the City has done a reversal over the years. About 40 years ago the only land donated to the City from developers was land that they could not build on and now we are actually looking at. acquiring more to suffice our needs. He asked if there is some possibility of losing the park on North Front Street to some archaeological dig that is going on there? Randy Westrick stated there isn't. The area that is flooded makes it popular with the archaeologists. He added there have been some very exciting things found in that area. Randy clarified the only area that the park is really usable is the top little tier that the playground is in. Commissioner Mill conveyed there are a lot of young people in the community that are into skateboarding and roller blading and they want a place to do these activities. They were hoping that in this plan some provision be made for that. Randy Westrick commented the Board is working on the skateboard situation. Randy stated they will probably challenge the kids to go out and find the resources for us to build it. Randy pointed out there are no master plans for each of our parks and it is something the Board will need to do. Commissioner Bandelow commented the work that has gone into the Plan has been incredible. She is looking forward in seeing this move forward. Chairperson Young agreed with Commissioner Bandelow and is interested in seeing how they prioritize some of these projects. He added it is a 20 year program therefore, not every thing has to be done at once. As challenges come up we can meet those challenges for the future. Vice Chairoerson Cox moved to approve the Comprehensive Plan Amendment 99-02 and instruct Staff to come back as soon as possible with appropriate findings and final order to be forwarded to the City Council. Commissioner Lonergan seconded the motion. Motion unanimously carried. B. Annexation 99-03 of 1.3 acres. Zone Map Change 99-04 from County Zoning (UTF) to Residential (RSl. Subdivision 99-03 to create 6 lots from two lots on the north side of Aztec Drive and Variance 99-10 from lot coverage of rear yard. Promised Land. Tonv Caragol aDDlicant. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended approval subject to the conditions outlined in the Staff Report. Chairoerson Young referred to Page 7 in the Staff Comments where it talks about the space of the accessory building can be 25%, in this case it is 37% and then on Page 16 Condition #9 says the Variance allows the existing shop building on Lot 1 to cover up to Planning Commission Meeting - September 9, 1999 Page 5 of 13 8C a maximum of 30% of the rear yard. He asked if you change the line then it would be at 30%? Staff clarified that was what the applicant requested based on a 50' deep house which would result in 37% rear yard coverage. Staff is recommending 30% coverage which would allow a house with a 36' foot depth. Vice Chairperson Cox asked what is the current use of the shop building? Staff replied perhaps the applicant could respond to this question but as far as he could tell when he did the site inspection it is used for storage. Commissioner Lonergan inquired why the property north of this project is not in the City limits? Staff responded the whole area is not in the City. Staff referred to the map and pointed out the area. Commissioner Lonergan questioned whether this area will ever be incorporated into the City? Testimony by the Applicant Tony Caragol. 1140 N. Ash. Canby. OR stated the application is pretty straight forward and the only situation that they had to deal with was the building. He added the owner of the property did not want to tear it down because it is a decent building and could enhance the value of the lot. Mr. Caragol commented they are trying to figure out a way to utilize that and make it more appealing to any buyer that might want to buy it. He requested the Commission consider that the one year to complete the final plat has been filed because they will have to do some work to get going to get the property sold. Mr. Caragol remarked they would probably be happy with 40 ft. building depth. Commissioner Mill requested Mr. Caragol to enlighten him as to what he is envisioning in his mind for a 50 ft. depth building. Tony Caragol replied 50' x 50' gives you 2,000 square feet and if that is cut down, it decreases the ability to utilize it the way he thinks. He indicated they are not asking for something that has not been done in the past. Mr. Caragol remarked that some fences will have to be moved on both sides of the property. He added he has made Mr. Koffler aware that some corrections to the lines need to be made. Chairperson Young said this is a great beginning in bringing this little island that sticks out into the City. Planning Commission Meeting - September 9, 1999 Page 6 of 13 8C Proponents None Opponents None Chairperson Young closed the Public Hearing. Discussion Commissioner Bandelow agreed with Staffs recommendation. She thought 36' of depth ofthe house as recommended by Staff would probably be adequate and allow a little more back yard and still have a nice configuration. Furthermore, the shop has value and probably should stay on the property. She added she would like to see the Annexation go forward since we are trying to eliminate those little pockets. Commissioner Mill commented Aztec Street has always been a very confusing street as far as what's in and what's out. He added the Annexation makes good sense and meets the criterion and should move forward. Commissioner Mill commented that the difference between 36 ft. and 40 ft. is practically negligible in the total scheme of things and in terms of what the eye is going to see and therefore, does not see it as an unreasonable request. Vice Chairperson Cox agrees with the Annexation, Zone Change and Subdivision proposal but disagrees with the request for a Variance. He explained a Variance is to be granted if there are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the legal requirements of the Ordinance. Vice Chairperson Cox stated the Variance request is premature in that we do not have any indication of what this accessory building design will be. He stated he does not favor of approving the Variance request at this time. However, he will be willing to take another look at it if they come in with a plan that indicates what they will do on the property and show how it ties to the accessory building. Commissioner Heer concurred with Vice Chairperson Cox. She reported she visited the site and believes the building will ruin the look of the neighborhood with brand new houses. Additionally, there will be no way to monitor what goes on in the building. Commissioner Lonergan said he too visited the site. He is excited about the lot sizes and he feels it is a great development. However, he is also concerned about granting the Variance on that lot. Commissioner Lonergan also questions the hardship and the use of the building. Chairperson Young stated the Annexation is a great addition into the City. The Zone Map brings the neighborhood together as part of the City and the Subdivision helps improve the streets and upgrade the neighborhood. He further stated the lots are nice and big and it offers an opportunity to build homes that everyone can be proud. However, he is not Planning Commission Meeting - September 9, 1999 Page 7 of 13 w 8C comfortable with the Variance for the building. He does not see how a new home of quality construction would benefit by having a 30 year old building in its backyard. Commissioner Mill inquired if a continuance could be requested for Variance 99-1 O? Staff mentioned the appropriate action would be to take action on the Variance. Denial of the Variance will not preclude an applicant from coming at a later date, especially when they have a specific proposal for that lot, to apply for another Variance. Then the Commission could consider that as a separate Variance request. Commissioner Mill asked if they could move forward tonight in terms of approving the Annexation, Zone Change and the Subdivision? Staff replied affirmatively. He added he can do a separate roll call for each application if needed but it appears there is only question on one application. Action should be taken tonight on all four of them unless the Commission needs further information whereas it would be appropriate to continue one of the applications. Chairperson Young commented they do not need further information but if the developer has an opportunity to bring the question back to the Commission at a later time with more specifics on the project. He added they should have two different votes grouping the Annexation, Zone Map Amendment and the Subdivision since it seems everyone is in agreement for these and then have a separate vote on the Variance. Staff suggested if the Commission were to deny the Variance, to do so without prejudice which would specifically allow the applicant to come back with a similar application. Commissioner Bandelow pointed out that this lot does allow for a large back yard even with the Variance granted but she has no objection in looking at the Variance at a later date if they actually have a site plan ready. Vice Chairperson Cox moved to recommend approval of Subdivision 99-03 subject to subsequent approval of the Annexation and Zone Map Change by the Council and request Staff to return with facts and findings on Annexation 99-03 and Zone Map Amendment 99- 04 to forward to the City Council Commissioner Bandelow seconded the motion. Motion unanimously carried. Vice Chairperson Cox moved to deny Variance 99-10 without prejudice to the applicant's right to resubmit without regard to any time limitations. Commissioner Heer seconded the motion. Motion carried with Commissioner Bandelow and Commissioner Mill voting No. C. Subdivision 99-02 to divide approximately 1.8 acres into 9 lots between Ogle and Brown Street south of Parr Road. Variance 99-09 to lot width standards to two flag lots requirement 30 feet rest 15'. Oakwood Subdivision. Wilhelm Engineering applicant. Planning Commission Meeting - September 9, 1999 Page 8 of 13 8C Break Chairperson Young opened the Public Hearing. Staff read the applicable ORS Statement and provided presentation as reflected in the Staff Report. Staff indicated he concurred with the applicant's rational to approve this Variance request. He pointed out that Staff comments were not incorporated into the Staff Report because he was unable to review the application. However, they would make sure that any order that would come back to the Planning Commission, if it is favorable to the Variance, that would substantiate the recommendation. The following are two recommendations made by Staff that are not conditions within the existing Staff Report: (1) the applicant can be required to have property line sidewalks so that a planting strip can be allowed; (2) tree plantings in front of each proposed parcel. Staff recommended approval of Subdivision 99-02 and Variance 99-09. Vice Chairperson Cox inquired whether property line or curbside sidewalks are addressed in the Subdivision Ordinance? Staff reported it is not addressed in the Subdivision Ordinance but it does say that sidewalks will be required but it is up to the discretion of Staff and the Commission to determine where those sidewalks can be placed on the property. He added it is a judgement call on each application because there are no particular standards set forth in the Ordinance. Chairperson Young thanked Staff for including the blue prints. He said they are much easier to read than the small condensed versions that they normally get. Vice Chairperson Cox commented that Staff slipped back to incorporating by reference other departments comments in the Staff Report instead of spelling them out in the list of conditions. Staff explained he did not have the opportunity to review this Staff Report once it was developed. If he had seen this he would have had the individual incorporate them into a long list. He said the order will reflect what the previous process has been. Commissioner Lonergan asked if 30 foot access on the flag lots is good enough for the Fire Department? Staff responded yes. He explained the Fire Department's primary concern is making sure that we have adequate area for them to access the site and back out and turn around. Chairperson Young commented he did not notice any fire hydrants out at the site. Staff stated those become conditions by the Fire Department and Public Works. Planning Commission Meeting - September 9, 1999 Page 9 of 13 8e Vice Chairperson Cox inquired how to work it into the conditions to require tree plantings in the parking strip? Staff replied it would be worded "tree in front of each individual lot". He added we would be looking at a total of six trees. There are requirements as to trees that we make ailowance tor and tllose trees that we do not allow within the right-ot-way under our Ordinance. Vice Chairperson Cox asked if the language of the dedication on the actual plat is done by Public Works? He remarked somebody has to double check and make sure that this reciprocal easement and that the easement for utilities in the flag poles of lots 6 and 7 winds up getting in the dedication language on the plat or by a separate easement document. Staff reported there is one person in the Public Works Department that specializes in just reviewing these plats, conditions of approval and making sure that those things that are stated in the Staff Report are followed through on. Testimony by the Applicant Georae Wilhelm. Wilhelm Engineering. P.O. Box 561. Woodburn. OR stated he is representing the owners, applicant Greg and Olga Saverchenko. He said they believe the requirement of a minimum width of 40 feet for flag lots severely limits and maybe eliminates the option to use flag lots for unique situations. Mr. Wilhelm further stated the proposed 15 foot access with reciprocal easements will provide adequate width for a 24 foot wide paved access way and still leave room for utility services. He believes the application and exhibits adequately address all of the pertinent criteria for approval. Testimony by Proponents Paul C. Sedoruk, LOCO Design Group. 3400 State St. NE. Salem. OR 97301 represents the Lucky Company that developed Steklov Subdivision. He stated they support the subdivision 100%. However, he expressed concerns based on the conditions of approval with their subdivision. Firstly, he reported their concern with the run off water from this new subdivision draining into the detention pond which is owned and maintained by the Lucky Company. He reported his client is liable for this detention pond and suggested that perhaps the City take ownership and maintenance ofthe pond. Mr. Sedoruk said it seems like an unfair burden if someone is maintaining a detention pond to allow anyone in the neighborhood that develops this property to have access to this pond with no additional cost or responsibility that goes along with maintaining and being liable for such a facility. Secondly, he conveyed their concern with Parr Road. Mr. Sedoruk explained that his client has a contract with the City stating that after a year the road has been put in the City will come out and look at the condition of the road. If the road is found to be in good condition, the City will accept the road and release his clients maintenance bonds. He reported in order to develop the new subdivision Parr Road will have to be cut open for water laterals, sewer and storm water connections. He questioned how his client will be relieved of the responsibility of maintaining Parr Road in good stead during that period? They feel a Planning Commission Meeting - September 9, 1999 Page 10 of 13 8C continuance of two weeks to discuss with the City, the Project Engineer and the property owners regarding these issues which at this time, would be in the benefit of the public good. Vice Chairperson Cox asked Mr. Sedoruk if there was a provision placed at the time the detention pond or the road was put in by his client for cost sharing by other properties as they developed to contribute towards the cost of the detention pond? Paul Sedoruk did not believe so. He said they would love to have cost sharing but from what he understands it is too late to ask for that. There was a cost sharing agreement when they did Steklov that even though Brown Road had been approved adjacent to their property that his client had to pay their fair share for Brown Road's improvement. He commented he was not the person representing the Lucky Company during the subdivision of Steklov and did not know why they did not ask for cost sharing at that time. Mr. Sedoruk commented George Wilhelm was the engineer on record and perhaps he could explain why cost sharing was overlooked. Opponents None Applicant Rebuttal George Wilhelm stated he felt Mr. Sedoruk's issue is with the City. As far as his representation with the Lucky Company, they did negotiate with the City on the detention pond and as far as he knows they did receive some concessions. He added the Lucky Company does have an obligation to provide for a storm water that is upstream from their property. Mr. Wilhelm said it is his understanding that this hearing tonight is primarily to consider testimony with regards to the land use issues and although he appreciates the comments from the Lucky Company and their representatives, he thinks they need to address City policies, standards and ordinances at a different time and place. Mr. Wilhelm remarked the applicant he represents tonight will comply with all of the City's appropriate ordinances. . Vice Chairperson Cox asked if the development of this subdivision will change the natural course of the surface water flow and divert it into the Lucky Company's subdivision? George Wilhelm replied it will not. He added he believes Parr Road is designed so that the adjacent property will drain onto Parr Road. There will be some drainage that now goes onto Parr Road that will continue to go there as a result of this development. Mr. Wilhelm further commented it is his understanding that Public Works does have a condition that any cuts made in Parr Road, the applicant for this subdivision will be required to grind down the asphalt an 1 % inch and replace a whole new surface along there. Chairperson Young announced we are looking at Subdivision 99-02 and Variance 99-09 and therefore not really prepared to go beyond that because they do not have information on it. Additionally, it has been noted and it is in the record. He suggested perhaps the Planning Commission Meeting - September 9, 1999 Page 11 of 13 8C Lucky Company discuss the issue with Staff at a later time. Staff stated if additional documents or evidence are provided by any party, the Planning Commission may allow any party a hearing, a continuance of the hearing or leave the record open to allow the party a reasonable opportunity to respond. Vice Chairperson Cox remarked Mr. Sedoruk has the right to submit new evidence if he wants to but if he just wants time to talk, the Commission will not stop him from talking to Staff or to the applicant. Chairperson Young interjected as part of the order at any public hearing you have the opportunity to submit other evidence for five days afterwards. Vice Chairperson Cox asked Mr. Sedoruk if he is willing that the Public Hearing be closed? Paul Sedoruk replied affirmatively. He stated they just wanted their concerns stated for the record. Chairperson Young closed the Public Hearing. Discussion Vice Chairperson Cox stated it is a good application. He remarked the Commission has no authority over the issues raised by Mr. Sedoruk on behalf of Lucky Company. If there were some decision for the City to take over the detention pond, the decision would have to made initially by Public Works and then approved by City Council. Vice Chairperson Cox stated the new project will be required to take good care of the pavement and will have their own separate obligations in addition to the obligations that the original builder of the street had. He does not foresee any problems sorting those two things out at the Staff level. Commissioner Bandelow has no objections to the project and stated it fits in with what is going in that end of town. Commissioner Heer concurred and sees no problems with the 30 foot driveway. Commissioner Lonergan stated he has no problems with the applicant or the project but he personally does not like flag lots. He sees cramming a lot of homes to a small piece of area and would like to see a cul-de-sac or something better. Chairperson Young expressed his concerns with the requirements for the trees being in the sight view. He added the street will have circulation at some point in time but sees no other way to change the configuration. He also stated he does not like flag lots but he thinks it works well in this situation because these lots are much larger than the lots in some of the surrounding developments. Planning Commission Meeting - September 9, 1999 Page 12 of 13 8e Commissioner Heer moved to accept the Staff Report on Subdivision 99-02 and Variance 99-09 with the added conditions of the landscaping and the property line sidewalks and Staff will return with an order. Vice Chairperson Cox seconded the motion. Motion carried with Commissioner Lonergan voting No. FINAL ORDER None DISCUSSION ITEMS None REPORTS A. Building Activity for August 1999 Staff stated we are close to the building activity level that was done in 1997. BUSINESS FROM THE COMMISSION Vice Chairperson Cox informed the Commission he was asked by Staff to be on an Adhoc Committee to completely revise the Woodburn Zoning Ordinance. Kathy Figley, Roger Budke, Planning Staff, John Brown, Matt Smith, Dave Christoff are members of this committee. He added they are hoping to put something together by early January to present to the Planning Commission and City Council. Vice Chairperson Cox reported he will keep the Commission advised as specific policy questions arise. Commissioner Bandelow referred to the article contained in the Statesman Journal regarding the mall expansion. She stated she is tired of reading this type of article about Woodburn in this paper. The tone of the article makes it sound as if the City of Woodburn has deliberately refused to make any improvements to the traffic on the State Highways. Commissioner Lonergan reported he attended with Commissioner Bandelow the Committee meeting that is working on the Comprehensive Plan and is very impressed with the amount of time and dedication they have invested on it. Vice Chairperson Cox pointed out the road that used to go out by the Texaco Station is now called Old Arney Road. He asked what is the process for deciding that a road name should be changed and if so what it should be? Staff explained if a road was to be changed it would be a Council action. The names are checked with the Fire Department to make sure there is no duplication. Staff stated he does not remember any Old Arney Road coming across the City Council. Staff will look into this. ADJOURNMENT Commissioner Lonergan moved to adjourn the meeting. Commissioner Heer seconded the motion. Motion unanimously carried. Meeting adjourned at 10:00 p.m. Planning Commission Meeting - September 9, 1999 Page 13 of 13 8D MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ----- September 8, 1999 ROLL CALL: Phyllis Bauer Kay Kuka Dorothy Jaeger - Excused - Present - Present Barbara Pugh Pat Will Mary Chadwick Ex-Officio - Present - Excused - Present STAFF PRESENT: Linda Sprauer, Library Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Dorothy Jaeger called the meeting to order at 12:00 Noon. SECRETARY'S REPORT: The monthly Board minutes of August 11, 1999 were approved as submitted. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of July was 14,119 and August was 13,558. 1998-99 Fiscal Year statistics were given to the Board. Activities: A list of activities was distributed to the Board. Story time continues every Wednesday at 10:30 AM. The adult Book Discussion group resumes after a summer break, meeting the third Monday of each month at 10:00 AM. Youth Services Librarian, Mary Parra, is starting "Readers of the Roundtable" Friday, October 1, from 4 to 5 P.M. This group will meet once a week for six weeks to review the books they have read. The Summer Reading program was a success with 346 children signed up for and completed all or part of the program. 152 children completed the entire program with 107 State Reading Certificates given out. The Friends of the Library Book Sale is scheduled for Friday, Saturday and Sunday, October 29,30 and 31. Staff News: Arlene Zellner, previous Security Monitor, has been hired for the Library Assistant position vacated by Jo Marshall. We Library Board Minutes - 9/8/99 8D are now interviewing for the Security Monitor position. Volunteer of the Month: Jane Stockfleth was chosen Volunteer of the Month for July and Lola Speratos was chosen for August. Project Updates: A new reader/printer will be ordered soon. Linda has located two vendors who sell the Self-Check Out unit. An upgrade in equipment has caused a price increase, so this item will be going out to bid. Two sections of shelving that were recently purchased are in place, and the collection is being shifted to utilize these shelves. The oak tables, cushioned oak sled chairs and stools have arrived. Linda is planning to have the tables covered with glass or plexi- glass to avoid them from getting marked up. The Carnegie Building study is near completion. The study suggests that the moss be removed from the roof, and in a couple of years the roof may need to be replaced. The brick needs a general cleaning. Storm windows should be placed on the inside. The gutters and down spouts need to be repaired in some places. The wood trim needs painting. This work is projected to be funded in next year's budget. Linda has received the HV AC study and the specifications are being written to enable this project to go out to bid. An estimated $250,000 will be needed for the HVAG repairs. Not all of the money has been budgeted for the work to be done. The bid document will list options and depending upon the bids, various options will be selected. Little disruption should be noticed during this time. The new computers are now in place, but are still working on getting the Internet connections. OLD BUSINESS: New Hours: The following new hours begin Monday, September 13: Monday through Friday Friday & Saturday Sunday 10 - 8 10 - 5 1 - 5 Library Board Minutes - 9/8/99 8D Sunday, September 12, will be the first open Sunday and will continue through May. NEW BUSINESS: "Building Earth's Largest Library: Driving into the Future", a teleconference is scheduled at Chemekta Community College in Salem Thursday, October 28, at 12 Noon. Linda asked the Board members to let her know if they would like to attend. The Clackamas County Conference is scheduled Friday, October 15 at the Holiday Inn in Wilsonville. Some, if not all of the staff, will be attending. More information about this conference will be available at the next monthly meeting. The annual contract with CCRLS will be going to the City Council for their approval and signature. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 12:45 AM. Respectfully Submitted, gL7~ Judy Coreson Recording Secretary Library Board Minutes - 9/8/99 8E MEMO TO: FROM: City Council through City Administrator Public Works Directo~~ ~ September 22, 1999 DATE: SUBJECT: Status of Goose Creek Storm Drain Project The Corps of Engineers is still receiving public input on the city's proposal of piping Goose Creek north of the elementary school on Soones Ferry Road. Staff will make a recommendation to the city council after the public input process is complete and the Corps of Engineers has made a decision on the city's proposal. GST:lg GOOSECR STATUS 9-22 lOA September 22, 1999 To: Via: f'rom: Subject: Mayor and City Council City Administrator Public Works Program Manager Evel'2reen Road Street-Ri2ht-of-Wav Vacation Recommendation: It is recommended the City Council: 1. Accept public comment and written statements of support or opposition to the proposed vacation of a portion of Evergreen Road street right-of-way; and, if appropriate, 2. Instruct staff to prepare an ordinance to vacate a portion of the street-right-of-way of Evergreen Road, with the following conditions: a. Vacate thirty feet (30') of the property to the abutting residents on Columbia Drive not located near West Hayes Street; b. Vacate twenty feet (20') to the developer of the Montebello subdivision (Capital Development Co.) not located near West Hayes Street; c. Retain fifty feet (50') for public transportation purposes and for City infrastructure needs; and d. Retain up to seventy-four feet (74') of street- right-of-way at the north end of the area to be vacated for the Evergreen Road extension (see Attachment A). Background: Background regarding this matter was provided to the City Council on August 23, 1999 (Attachment B). At that meeting, the City Council indicated its intention to vacate thirty feet (30') of the property to the abutting residents on Columbia Drive, twenty feet (20') to the developer of the Montebello subdivision (Capital Development Co.), and retain fifty feet (50') for public transportation purposes. Council also directed staff to initiate the vacation process. Discussion: The street-right-of-way to be vacated is located at the south end of the existing paved portion of Evergreen Road running parallel to Columbia Drive (see attachment A). This street- right-of-way has existed since 1966. The street-right-of-way is undeveloped at present and is zoned RS, Single Family Residential. The property west of this portion of the Evergreen Road street-right-of-way is zoned RS' Single Family Residential. The property to the east is zoned RIS, Special Single Residential. The property to the south is not within the City, but is within the urban growth boundary. The property to the northwest is zoned RM, Multi-Family Residential. The right-of-way proposed for vacation is currently undeveloped for street use. The property adjacent to this vacation will not utilize or require this portion of right-of-way, with the exception of the existing right-of-way at the north end required for the Evergreen Road . Mayor and City Council September 23, 1999 Page 2. lOA extension, for future street improvements. ORS 271.130 provides for a governing body to vacate a right-of-way on its own motion. The 'Voodburn City Council made such a motion on August 23, 1999. The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed and specified in ORS 271.080, object in writing. Ifa non-consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before the vacation can be granted. The vacation would only substantially affect the adjacent properties if it prevents public access to the property. Notice of the public hearing was given pursuant to ORS 271.110. Public notices were printed in the Saturday editions of the Woodburn Independent on September 11th and 18th, and individual property owners were sent a notice of the hearing. Public notices were also posted at either end of the area to be vacated. There is no foreseeable transportation need for the portion of the street right-of-way proposed for vacation. Further, no substantial impact on the market value of any abutting property is expected. The vacation of this proposed portion of Evergreen Road right-of-way will better serve projected transportation needs. The portion retained by the City will be utilized for public transportation purposes. It may also be used for the installation of public infrastructure, such as sewer lines. Before and following the notice, residents of Columbia Drive have expressed a variety of concerns to City staff regarding the anticipated effect of the vacation on their properties. Among the most frequent concerns were: . Will the vacation create two lots, and/or two deeds? · Will my property taxes increase, and if so, by how much? · Who is responsible for fencing the boundary ofCoh,lmbia Road resident's lots; and · Who is responsible for any necessary surveying, and associated costs? Callers have been advised the property to be vacated to abutting property owners will be merged with existing tax lots, and will not result in two lots or two deeds. Callers were originally advised that any increase in tax liability resulting from vacation would be minimal. More recently, staffposed the question to the County Assessor's office. The Assessor's Office has advised that it does not anticipate adjusting the land value of the properties on Columbia Drive, and that there should be no increased tax liability for the abutting property owners receiving vacated property. Staff has received no direction from the Council regarding fencing, surveying, and associated surveying costs. Due, however, to the costs involved staff is not anticipating the City will share in any cost associated with fencing properties on Columbia Drive, unless otherwise directed by the Council. It is expected that the City will develop a landscaping barrier in the future, when the proposed bike, pedestrian, and golf cart path may be completed. Pathway development has not yet scheduled by the City, nor is it currently included in the City's 6-year lOA Mayor and City Council September 23.1999 Page 3. CIP. With respect to surveying, staff suggests the City should complete and pay for a survey to establish the new boundaries, and file the survey with the County Recorder. Due, again, to the costs involved, a limited survey is suggested. Such a survey would be adequate for the County Recorder's use, but would not include locating an the property markers at the corner of each affected lot. Staff will undertake such a survey unless directed otherwise by Council. Comments from Capital Development focused on the disparity in the land proposed for vacation to the west side (20 feet) with the land proposed for vacation to the east (30 feet). Capital Development has indicated that it would like to see an equal amount of land vacated to each side, if any. Capital Development has also expressed some concern that any vacation of land will affect the lay-out of it recently approved subdivision. Conclusion: The public hearing scheduled for September 27, 1999 provides and opportunity for supporters and opponents of the proposed vacation to share their oral and written comments with you, and for you to provide further direction to staff in this matter as may be appropriate. Attachments: 'A' Map of the Area 'B' City Administrator's Report Regarding the Vacation 'C' Affected Area 'D' Improvements Plan 'E' Public Notices ill lOA L illIIlIlTIfII WOODBURN AS .-oa ..,~tD llO&' 0llWD ~ ------- RS cnY LNTS ..........w-..,O;Ot'~~,~..,.;~~_...t-~...r-c.,.....-JI'-;r~"':I:'... AS .~ ~ i f ~ t r~~ DNrf ATTACHMENT A Page~ of I 1ii' ATTACHMENT ~ lOA Page -L-. of . August 23, 1999 TO: FROM: SUhJ.LCT: Mayor and City Council City Administrator Vac~tioH vf lJ~h(-or-\\'aY (100 Lot S(rliJ L..:~,;,.d C(j[cHuLi~~ \Vay Recommendation: It is recommended the City Council: 1. Provide direction regarding vacating street-right-ofway for Evergreen Way; and, if appropriate, 2. Direct City staff to initiate vacation proceedings. Baclmround: Earlier this year, the City Council approved the Montebello subdivision. The approved subdivision included a realignment of the extension of Evergreen Drive. The property originally dedicated for Evergreen Drive is approximately 100 feet wide and 2,000 feet long and sits between the Montebello subdivision and residences in Senior Estates on Columbia Way. The property was dedicated to the City for public street purposes in equal amounts by adjoining property owners in 1966. The City Council must now determine if need for the right of way still exists. Ifneed no longer exists, the Council must vacate the property no longer needed for transportation purposes to the adjoining properties in amounts to be determined by the City Council. Disposition of the 100 foot strip was discussed at the public hearing where the Montebello subdivision was approved. Citizens raised security concerns regarding future transportation use of the right-ofway. A number of residences along Columbia way have extended their backyards into the strip, and have indicated interest in obtaining some right-of-way property. City staff recommends retaining fifty feet (50') of the right of way, to satisfy transportation needs for bike paths, golf cart paths, and walking paths, identified in the City's Transportation System Plan. The developer indicated willingness to accept additional property through the vacation process, but wanted a quick resolution to the issue to avoid delaying development activities. A condition was placed on the approval requiring the developer to meet with the City and Columbia Way residents regarding disposition of any unneeded right-of-way. A meeting was convened, but no consensus was reached. Mayor Jennings and Council President Figley then met individually with Columbia Way residents to discuss their concerns and desires. A letter was also received from the developer suggesting that the property be vacated entirely, with fifty percent of the property to be returned to each side. 11!" Mayor and City Council August 23, 1999 Page 2. ATTACHMENT 8 Page~ of ,!;1.., lOA Discussion: Columbia Way residents shared a number of viewpoints with Mayor Jennings and Council President Figley, from having no interest in additional property, to wanting as much property as could be obtained. A variety of viewpoints were also expressed regarding the effect of constructing a transportation corridor on the security of Columbia Way residences, and the amenities to be constructed within that corridor. A plan to convey 25 feet of property to residents and the developer and to retain 50 feet for transportation purposes with separate paths for golf carts, pedestrians, and landscaping strips, was discussed with residents. From those discussions, it appears an approach to vacate thirty feet (30') of the property to residents, twenty feet (20') to the developer, and retain fifty feet (50') for public transportation purposes will meet with the greatest acceptance. That approach is presented to your Council for consideration and policy direction. The City Council has discretion to vacate all or a portion of the property in question, based on a finding of need for the property for public street purposes. Should the Council find that need exists for a portion of the property, the unneeded portion can be vacated in amounts to each side as determined by the Council. The process of vacation is dictated by ORS 271.080 through 271.230. Attached is a report from the Public Works Department, outlining vacation requirements and the vacation process. Public Works staffwill be available at your August 23, 1999 meeting to discuss the vacation process in detail. Your direction regarding vacating the property in question is sought. If it is your direction to vacate all, or a portion of that property, direction is also sought to initiate the vacation process. If you have any questions regarding this teport or the vacation process before Monday's meeting, please contact me at your earliest convenience. JCB cc: Public Works Director City Attorney ~ ATTACHMENT C, lOA Page --'- of I RIGHT OF WAY VACATION AFFECTED AREA 400' 200' ~ AFFECTED AREA 200' 400' ~ PROPERTY TO BE V ACA TED , '" :EO:;;Ox )>"G)- , -< I~ :EOAJ~ -I. )> )>"G)- z -< ::r~ N 0 -I. U1 (J) i0 ~ 0 0 )> ~ -0 - Z UJ-I 0\ UJ-I -:E -:E ^O ^O f'Tl f'Tl :EO :EO )>- , )>- -<:;;0 -<AJ -.>. f'Tl -.>. f'Tl 0 () 0 0 ~ -I O. -I 0 0 Z Z )> )> r r > I -I Vl m U1 U1 0 0 0 0 JJ 0_ ~ 0 Z -.>. > N -I 0_ - < G)-I m .. G)--t -.>. .. 0:E -.>. 0:E 0 ro ,0 " " 0_ \ , 0 0 0- 0- )>AJ )>:;;0 ) AJf'Tl AJf'Tl -I~ -I~ 0 0 0 =i r -oz r -oz -< )> )>)> -IC-o )> )>)> Z -Ir I-IO Z -Ir a 0 I f'Tlr(J) 0 I N "11 (J) -(J) U1 (J) :EO:;;O~ 0 -1- 0 ~ )>-UJ )> rf'Tlr o. )> )>"G)- a Vl -0 -I(J)f'Tl -0 -< I(J) f'Tl -1;-1 a 0 z AJ(J)" Z C ~ G) Z)>c G) m :EOAJ~ )>~-I c: :JJ )>"G)- -If'Tlc Z -< I(J) <-AJ --t;-l f'TlZf'Tl '"Ii ATTACHMENT G.. Page -L of r ~~!:3~ ~8.~8. ..0'0 cr _C::IC g).3 ~ 3 .!::!03~ ~~3 g '0 0 ~::>!a::;: ...."'iilo o~!la- ~ 0 .. 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A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT \\lTll THE STATL Of OkLGuh, IH...i'Al\..TI\lENT OF TKAJ\Sl'Ol-:iAI10l\, hY AND THROUGH THE OREGON ASSOCIATION OF CHIEFS OF POLICE, FOR A TRAFFIC LAW AND SAFETY BELT ENFORCEMENT PROGRAM. WHEREAS, the Woodburn Police Department was awarded a grant for 1999 from the Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police; and WHEREAS, this grant funding will provide the basis for a traffic law, DUll, and safety belt enforcement program; and WHEREAS, it is necessary to enter into an intergovernmental agreement with the State of Oregon, Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police, to allow for the use of these grant funds, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city enter into an intergovernmental agreement for 1999 with the State of Oregon, Oregon Department of Transportation, Transportation Safety Division and through the Oregon Association of Chiefs of Police, for the principle purpose of the agreement being to supplement the enforcement of traffic laws, DUll and safety belt enforcement. Section 2. That the Mayor be authorized to execute, on behalf of the city, said agreement, a copy of which is attached hereto and, by this refer~nce, incorporated herein. 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 City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. ]IT City of Woodburn Police Department ttA STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 From: September 16, 1999 ./~ Paul Null, Chief of Police &lJ Mayor and City Council Date: To: Through: John Brown, City Administrator Subject: Intergovernmental Agreement - Grant Award Beginning in 1993, the Oregon Department of Transportation (ODOT), Transportation Safety Division, has supplemented local law enforcement agencies through overtime reimbursement for seatbelt enforcement and more recently DUll enforcement. The Oregon Association of Chief s of Police now administers the grant for ODOT. ODOT realizes increased traffic enforcement reduces traffic accidents; and also understands local agencies limited funding to provide some police services. Through this understanding, ODOT has set aside special funding to reimburse local efforts for enforcement of traffic laws, particularly safety belt, speed, and DUll. Through grant funding, police officers will be able to enforce traffic laws without having to be called to other police business. Public attention about traffic safety will be gained, data about safety belt use will be gained, and hundreds of traffic enforcement hours will be added. The expected result will be decreased deaths and injuries from motor vehicles crashes due to safety seat belt and DUll enforcement.. In August of this year, the Woodburn Police Department applied for a $5,000. seat belt grant, titled Three Flags Grant, and a $3,000 DUll enforcement grant. On September 14, 1999, the Woodburn Police Department was awarded the two traffic safety grants. The grants go into affect upon signing of the agreement by both parties and ends September 30,2000. Woodburn Police Department is obligated to meet the goals of the grant as provided in the Statement of Work (attached) to qualify for overtime reimbursement. The funds used to reimburse local efforts are federal transportation funds. The reimbursement will allow us to assign officers to approximately 375 hours of additional patrol time through out the city. Recommendation: The City Council accept the grant(s) award and approve the agreement between the Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police, and the Woodburn Police Department. 1if ttA . t . r~1 i /i I ! : S E P 1 5 I:: :) '; I I . L____ , c ',- ,- t-. ~- _ _ ~~~.. ~, ~- I, ,;',;'..:;'r~,r [;'-', f.'" .' ,-.. ---------. ',' ',"L DEPr September 14, 1999 TO: All Traffic Safety Division Grant Applicants FROM: Karlyn Campbell, Project Director RE: Grant allocations This is to announce the completion of the allocation process for the Traffic Safety Division DUll and Safety Belt grants for the 1999-2000 period. There were 69 applications (63 departments participated during the current year) for Safety Belt grants amounting to a total of $381,992. The funds available are $306,000. There were 68 applications (42 departments participated during the current year) for the DUll grants amounting to a total of $539,544. The funds available are $292,500. These numbers made the job a bit difficult! The committee considered a number of different factors before deciding the final grant amount; size of community, unique factors of each community, previous history of grant usage, previous results, proposed plan describing how the grant would be used, to name a few. Because so many of the grant requests came from departments that had not participated before, it was determined that all applying should be funded at some level. The committee included: Chief Les Youngbarf Lake Oswegor OACP President; Chief Steve Winegar, Tualatin, 1st Vice President OACP; Mayor Mike Holden, Lincoln City, Retired Chief; Sheriff Jan Clements, Lane County; Carla Levinski, ODOT - Occupant Protection Program Manager; Debra Downey-Gilmour, ODOT - Impaired Driver Program Manager and myself. Your grant notification is included in this mailing. Please make note of any specific items relating to you specifically. Report forms will be sent to you by early October. Good luck in your use of these funds during the coming year! If you have any questions, please don't hesitate to call. 727 CENTER ST NE SUITE 300 SALEM. OR 97301 503.315,1411 800.784.2867 lAX: 5033151416 '" 727 CENTER ST NE SUITE 300 SALEM. OR 97301 503.315-1411 800.784.2867 FAX: 5033151416 ttA TRANSPORTATION SAFETY DIVISION . THREE FLAGS GRANT CONTRACT Department: WOODBURN Chief of Police: Paul E. Null Person responsible for grant: Sgt. Allen DeVault Address: 270 Montgomery Street, Woodburn, OR 97071 Phone: (503) 982-2345 Fax: (503) 982-2370 Grant Award: $5,000 As a TSD fund grant recipient, I agree to the objectives as stated in the Statement of Work and certify that funds received will be used according to the requirements of the grant. Signature: Chief of Police Signature~. a .~G' ~~ OJ. Proj t Dir r Date: Date:~3/G\~ Plllase sign, make B copy for your fflCOrrlS and ffltum original to the OACP officII. 11r ttA TPAFFLC S,i'\FETXDIYISION DUll GRANT CONTRACT . . Department: WOODBURN Chief of Police: Paul E. Null Person Responsible for Grant: Sgt. Allen DeVault Address:270 Montgomery Street, Woodburn, OR 97071 Phone #: (503) 982-2345 Fax #: (503) 982-2370 Grant Awarded: $3.000 Grant Objectives The following objectives will apply to all recipients of TSD grant funds for the grant period of October 1, 1999 to September 30, 2000. The granted department: 1. Will attempt to increase DUll arrests by ~arrests. 2. Shall conduct ~ saturation patrols in its designated community by September 30, 2000. 3. Shall increase the number of citations for violation of the seatbelt law by ~ citations. 4. Shall collect data on the number of DUll arrests, the number of fatal and injury crashes and the number of seatbelt violation citations/warnings resulting from the grant, for the period of the grailt and will provide this information to the Oregon Association Chiefs of Police <Jna mo~tWy basis. Reimbursetpent will be made at a rete of $30.00/hour fol' total TSD hours worked, upon receipt of their montWy report. As a TSD grant fund recipient, I agree to the above stated objectives and certify that funds will be used to enhance existing DUll patrols. Existing enforcement levels will remain at or above those for grant year 1998-99. Date: Date: 'Vi. '3./Gto(' 727 CENTER 51 N E Please sign, make a copy for your records and return original to the OACP office. SUITE 300 SALEM. OR 97301 503.315-1411 800.784.2867 FAX: 503.315.1416 lTl' SAFETY ENFORCE ttA ERTIME ROGRAM Statcrncnt of "','f/ork. LAW ENFORCEMENT AGENCY OBLIGATIONS: The following assignments will be performed during effective agreement dates: 1. To provide overtime traffic enforcement on a year-round basis and during the scheduled TIrree Flags Campaign blitz periods, with emphasis on safety belt, speed and DUll laws. 2. Each participating Department will send a representative to the Three Flags Campaign Workshops. Each participating officer shall attend one of the workshops. Departments with fewer than six sworn officers will only be required to participate in one workshop. 3. A two-hour safety belt training course will be available during each workshop. All officers receiving overtime pay must complete this safety belt training course or have completed the two-hour training course, "Safety Belt Training Course for Police Officers" since 1992. In addition, the course can be presented by request in an area convenient to the department. The agency is responsible for training time of officers participating in the overtime enforcement program. 4. Officers will be permitted and encouraged to issue multiple citations to drivers who have committed several violations. For example; "exceeding maximum speed" and "failure to wear a safety belt." 5. The agency will conduct observed-use surveys prior to each of the TIrree Flags Campaign blitz periods. Post enforcement surveys will be conducted at the end of each of the TIrree Flags Campaign blitz periods. Departments will be encouraged to utilize senior volunteers or reserves whenever possible. 6. The agency will inform the news media of blitz activities and conduct enhanced media efforts before and after each enforcement blitz period. 7. The agency will report Three Flags Campaign blitz activities and results following each blitz period to the Oregon Association Chiefs of Police listing traffic enforcement activity as shown on the appropriate reporting form, which will be provided to each department upon approval of it') grant. 8. The agency agrees to document traffic enforcement, using straight-time hours by non-federally funded officers, at twice the number of hours submitted for overtime reimbursement under this Agreement. 9. Objectives: · To increase restraint usage from 85% to 87% by September 30th, 2000. · To increase awareness and compliance with child restraint laws. · Total contact objectives (warnings and citations) per overtime hour worked = 2 10. Grants will be provided in the amount ofS3,OOO per participating Department. Larger grants will require approval of the ODOT Program manager. Overtime hours will be paid at a rate of$30 per hour. 727 CENTER ST NE SU ITE 300 SALEM. OR 97301 503.315-1411 800.784.2867 rAX: 503.315.1416 111" lIB MEMO TO: City Administrator for Council Action FRO\I: '~0UliC Moore, C. E. Tech tb:ough Public Works Din:ctor 6>('1... ~ SUBJECT: No Parking on section ofY oung Street DATE: September 22, 1999 RECOMMENDATION: It is recommended that Council approve the installation of No Parking signs on Young Street in the vicinity of Heritage Arms Apartments at 669 Young Street. The placement of signs in this location will increase visibility and safety for vehicles exiting the apartment complex onto Young Street. (See attached map). BACKGROUND: The request for the installation of no parking in this area came from the Police Department as a result of a traffic accident. According to the police report a car was exiting the apartments and collided with an oncoming westbound vehicle. Both drivers stated that due to vehicles parked along the curb on both sides of the driveway, visibility was restricted. Young Street is classified as a minor arterial with a 40 ft. paved width and parking allowed on both sides. The speed limit in this area is 35 mph. At the location where the apartment driveways are located the roadway has a curve so that when cars are parked along the curb on either side visibility is restricted. Heritage Arms Apartments have two driveways which to access the complex separated by a single family dwelling (685 Young St). The second driveway (east) was installed with the construction of additional apartments along the east side of the property. There is enough space between the two driveways to park 2 vehicles on the street. The same owner owns the residence at 685 Young Street and Heritage Arms. With the addition of the apartments parking for the residence at 685 was provided at the rear of the house. Therefore, in order to increase visibility and safety for vehicles exiting the apartments, it is recommended that no parking signs be installed in this area. For maximum visibility the parking should be restricted 15 to 20 feet beyond the outside of the two driveways. 111 -==--~:..z ~"1f.f .. ~ .. AI ~.= .... G -- --... u :r ~ ~: CD :;) I ::> .:z:' ll. U I 8 +\ I ____ J r I).l~-l~ II ))#-4a:~1:J:J Q lIB ./ C1i XCI) a:: ... CI) e( z... UJ w.... ~xz <C ~::> I- <CPl H ~C\1 ffie( :x: .I / I ",-, 0 ""- " a: o % e(CI) x... H oz 0::> o XlD ZC\l a:: =' CD ~f cOg D V\ ~ g~ ~ ~ Q -:;Z lu 0 ~ . . '. ~. ""- ~ ....,,~ "',,", " '- "- '-. IIC MEMO FROM: City Council through City Administrator Assistant City Engineer through Public Works Director ~ TO: DATE: September 16, 1999 SUBJECT: Easements between Jansen Way and Property to South that Fronts Vanderbeck Lane RECOMMENDATION: That easements through the properties of Maurice W. Buxton and Walter and Betty Snidow be accepted. BACKGROUND: A gravity sewer will be installed through the above referenced easements; this will allow for the abandonment of Jansen Way pump station. The city is building a new pump station on Vanderbeck about 200 feet east of Astor Way. A new gravity line will transmit sewage from Jansen Way Mobile Home Park to the new pump station. This same line will also serve as a collector on one of the streets being built as part of a new subdivision. Also as a point of interest, the new pump station, together with the associated gravity sewer going toward the west on Vanderbeck, will allow for the abandonment of existing Vanderbeck pumping station. DM:lg Easements JansenWayPumpSta 11r IIC to. GRANT OF EASEMENT KNOW ALL MEN BY TIIESE PRESENTS, That for and in consideration of the sum o~ One and No/lOO Dollar ($1.00) paid to, Walter and Betty Snidow Trust, has granted and by these presentS does grant ~n EASEMENT unto the City of Woodburn. a municipal corporation of the State of Oregon, Grantee, its successors and assigns, for the construction, operation and maintenance of a utility easement across the following described property, to wit: A portion of that tract of land situated in the Southwest one-quarter of Section 6, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, City of Woodburn, Oregon and being more particularly described in a Bargain and Sale Deed, recorded in Deed Reel 963, Page 15 of Marion County Deed Records. Permanent Utility Easement: Beginning at the Northeast comer of Lot 14, Block 5 of Woodburn Senior Estates No.8; thence South 4040' 12" West along the east line of said Lot 14 a distance of9.95; thence North 9003'45" West a distance of 9.71 feet to the north line of Lot 14 of said Block 5; thence North 81053'29" East along the north line of said Lot 14 a distance of 2.36 feet to the point of beginning. Contains a Total Permanent Utility Easement Area of 11.5 square feet, more or less. Except for current structures as of September 17, 1999, no structure shall be placed within the easement or within a 450 projection upward from the bottom of any pipe. Access, by the City of Woodburn, to the utitlities shall be allowed at any time for inspection or repair. Restoration: Grantee agrees to remove and dispose of all waste material or debris, fill all holes and depressions caused by construction with material acceptable to the City and reshape the area to conform to adjacent undisturbed topography. Landscaping and fencing restoration shall be in conformance with the construction specifications for the project. TO HAVE AND TO HOLD the said easement unto the said Grantee, its successors and assigns forever. This instrument does not grant or convey any right or title to the herein described property, except for the purpose of constructing, operating and maintaining utilities; however, the rights to the Grantor is exercising is herein granted, shall not interfere with Grantees use of said described real property. Dated this ~/$/ dayof ~.l~~, 195.2... H:1wp jX'Oj/112-020/casementieaslot14.doc 1 09120/99 8:47 AM 1,," GRANTEE: CITY OF WOODBURN, a Municipal Corporation of the State of Oregon By: - ~:~ By: Name Title STATE OF OREGON ss County of Marion GRANTOR: IIC .. t ., h : ~:y:;~ By:-&'7 xL :~ ~ Name Title 21st day of September, 1999 by and sworn to before me this Snidow and Betty Snidow. .'~ Not Pu lie for Oregon My Commission expires Aug. 6, 2001 H:fwp JlfOjll12-020/easementleaslotl4.doc 2 . OFFICIAl SEA[ .. KAY L RITAL NOTARY PU8UC_GON COMMISSION NO. 303010 AlIi. 6, 2001 09120/99 8:47 AM - A SNIDOW IIC CURB o 1S' 30' 60' , r. ..~~ I: " I ~ r r- 1. I \ ! , A '\. t 10.. ,--" "..::"'~~ "- f""~,,,....... U 1-\ I \4 ,:) L I \J V V I 17 76 j f" 16 / / / / / / / / JANSEN WAY GRAVITY SEWER './ EXISllNG FENCE PERMANENT EASEMENT DAlE SEPT 17, 1999 PRUCT NO. 112-020 .~ . 15 >- ~ <( 0:: 3: Cl <( w a.. C/) cr C/) w 3: 0 14 0 ~ 0 f- a.. ~ 0 C/) WOODBURN 0 <( <( 0:: w SENIOR ESTATES # 8 Q.. 0:= ~ w :i: CURE CRAlIE &: I/DSJTB I'IIf'MlritlfftunllJitlf ... E lNCE lID, lUTE D MLWMIlCIE, ClIUllN 17222 Pttt (OO3t U4-1llll5 FAIt (1103) U4-25711 QTY OF WOODBURN UllUTY EASEMENT S.W. l' 4 OF SECTION 6 T.5S.. R.1 W.., W.M. CI1Y OF WOODBURN MARION COUNTY, OREGON 1/1 lIT . t.; IIC GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of the sum of One and No/IOO Dollar ($1.00) paid to, Maurice W Buxton Trustee, has granted and by these present:$ does grant ;>'1 F A,~EMFNT unto the City of Wood bum, 3 municioal corporation of the State of Oregon, Grantee, its successors and assigns, for the construction, operation and maintenance of a utility easement across the following described property, to wit: A portion of that tract of land situated in the Southwest one-quarter of Section 6, Township 5 South, Range I West of the Willamette Meridian, Marion County, City of Woodburn, Oregon and being more particularly described in a Bargain and Sale Deed, recorded in Deed Reel 1265, Page 125 ofMation County Deed Records. Permanent Utility Easement: Beginning at the Northeast comer of Lot 15, Block 5 of Woodburn Senior Estates No.8; thence South 4040' 12" West along the east line of said Lot 15 a distance of 94.08 feet to the Northeast comer of Lot 14 of said Block 5; thence South 81053 '29" West along the south line of said Lot 15 a distance of 2.36 feet; . thence North 9003'45" West a distance of 97.72 feet to the north line of original Lot 16 of said Block 5; thence Southwesterly along the north line of said Lot 16 and the arc of a 1010 foot radius curve to the left a distance of25.50 feet, (the long chord of which bears South 84036'46" East a distance of 25.50 feet) to the point of beginning. Contains a Total Permanent Utility Easement Area of 1315 square feet, more or less. Except for current structures as of September 17, 1999, no structure shall be placed within the easement or within a 450 projection upward from the bottom of any pipe. Access, by the City of Woodburn, to the utilities shall be allowed at any time for inspection or repair. Restoration: Grantee agrees to remove and dispose of all waste material or debris, fill all holes and depressions caused by construction with material acceptable to the City and reshape the area to conform to adjacent undisturbed topography. Landscaping and fencing restoration shall be in conformance with the construction specifications for the project. TO HAVE AND TO HOW the said easement unto the said Grantee, it:$ successors and assigns forever. This instrument does not grant or convey any right or title to the herein described property, . except for the purpose of constructing, operating and maintaining utilities; however, the right:$ to the Grantor is exercising is herein granted, shall not interfere with Grantees use of said described real property. Dated this c2 / SF dayof ~ , 19QQ. H:lWPJlroj/112-020IeasementleaslotlS.doc 1 09120199 8:46 AM 111" GRANTEE: CITY OF WOODBURN, a Municipal Corporation of the Slalt.: 01 0I<;gon By: ~ Name~~~~ Titleo:tJ..sr;~{( ..fiJ E~(~ By: Name Title STATE OF OREGON ss County of Marion Signed and sworn by aurice W. H:Jwp "'proj/112-020fcasementleaslot 15.doc IIC ,. GRANTOR: ByJ11~~LJIJ3~ Name Maurice W. Buxton Title By: Name Title me this 21st day of September, 1999 6, 2001 2 _OFFICIAL SEAl KAY L VESTAL ~' NOTARYPUBlIC-oREGON ~ COMMISSION NO. 303010 W COMMISSON eGWS AOO. 6, 2001 I 09120/99 8:46 AM !II" A CURB o 15' , r t""'-'" i,,:~<~' 30' .. 60' , JAi~SEN WA Y L,;." ~, '.... 17 . BUXTON ~ i, IIC \ etB r JANSEN WAY GRAVITY SEWER EXISllNGA? PERMANENT EASEMENT HOUSE r // // hi 15 >- <( ~ ~ c:r c:r 0 en a <( f-- W a.. en en en w ~ <( 14 0 '-' 0 a.. <( a 0 f-- <( WOODBURN 0:: - W a.. c:r ~ w SEN lOR EST A TES # 8 I DAlE .wn.__ CITY Of WOODBURN FIGURE'" ,SEPT 17, 1999 (-w. %~'l--~" UlIUTY EASEMENT '::~"" .....~:.. 8llIII IE ~ am: D 1/1 PRo-ECT NO. :::::::... .........WAUlCIE, 11222 S.W. ~/4 OF SECTION 6 .. ..- 112-020 . .-....;.;.; .....;;-~ PH: (.154-1lICl5 T.SS., R.1 WN' WJA. CIlY OF WOODBURN ....... .. ",3...,. FAIt 154-2575 MARIO COUNTY, OREGON 11r lID MEMO TO: City Council though City Administrator //~~/ FROilil: Public Vvorks Program rV1anager;LGr-"/ /......'/ ,---- SUBJECT: Bid Award for Utility Vehicle DATE: September 22, 1999 RECOMMENDATION: Award the contract for purchase of a utility vehicle to Salem Farm & Garden for $10,616.00. BACKGROUND: The city requested bids for a six wheel, four wheel drive high flotation utility vehicle. The bids were opened at 3:30 PM on September 20, 1999 and the results were as follows: Bidder Salem Farm & Garden Lenon Implement Ernst Hardware Fisher Implement Amount Bid $ 1 0,61 6.00 $10,627.67 $10,785.00 $11,093.00 This vehicle will be used for maintenance operations in the poplar tree plantation to be developed as part of the wastewater treatment plant upgrade, It will be used to haul tubing, nozzles, tools and other items needed for routine maintenance of the plantation. The high flotation characteristics of the vehicle are required for operation in and around the poplar tree plantation. Funds were budgeted for the purchase from capital funds in the treatment plant operations capital account. 11!' 12 MEMO To: From: Subject: Date: Mayor and City Council Matt Smith, Management Analyst, through the City Administrator Consideration of the 1999-2000 Draft Master Fee Schedule For Council Meeting of September 27, 1999 Recommendation: Review and tentatively approve schedule of fees and charges (as amended), and set October 11, 1999 as date for adoption. Background: The fust Master Fee Schedule for the City of Woodburn was presented to Council on August 10, 1998, and adopted on September 14, 1998. The schedule was amended on November 23, 1998, to reflect the addition of a new library fee. The Master Fee Schedule ordinance (No. 2226) specifically provides for the review and revision of the fee schedule on an annual basis. A workshop was set for the Council meeting on September 27, 1999, to review the schedule. Adoption of the schedule is recommended for your October 11, 1999 meeting to allow for direction at this workshop. Discussion: The criteria for establishing the cost of a municipal service are elaborate. In brief, they include all personnel costs associated with the service (i.e., salaries and benefits), supplies and other operational expenses, and all applicable indirect costs (e.g., building and equipment maintenance). The Finance Director developed a detailed worksheet that enabled each department to calculate this cost. Having now determined an actual cost of each service, and the current rate of recovery, the Council may now determine what the rate of recovery should be. Rates for many fees were adjusted last year to a 100% recovery rate, while others were set at less than 100% recovery. Full cost recovery is the desirable result of this exercise, but many fees represent charges for activities that the City would like to encourage (e.g., strong recreation programs, protecting the integrity of the water delivery system), and therefore are subsidized to some extent through a lower recovery rate. Memo to Council Regarding Fee Schedule Page 1 '" In the Master Fee Schedule, staff has identified the current fee (column 2), measured and adjusted the cost of service (column 3), compared that cost with the current fee (column 4), and recommended what it believes is a reasonable rate of recovery (column 5) and the corresponding proposed new fee (column 6). Nf'W fe('s Jnd"rJed in the S~hedp'(,~ The following fees have been added to the fee schedule this year: FINANCE A special event liquor license fee has been added to allow for licenses to be issued for one-time events. A fee has also been developed to recover the costs for sound amplification permits. The public dance permit fee has been shifted from Police to Finance to reflect where the fee is handled. POLICE None, aside from the shift of sound amplification permit fee and the public dance permit fee from Police to Finance. RECREATION AND PARKS Fees for park use at Centennial Park have been added, and an additional variation on facilities use fees has been added to recover costs associated with allowing food and beverages in the facilities during events. A special event fee has also been added to the schedule. The fee was developed through a deliberative process involving Parks staff and the Parks Board. Conclusion: Establishing an appropriate recovery for the various services requires an appropriate balance. Once Council has identified the appropriate recovery rates or confirmed staffrecommendations, and communicated those directives to staff, staff can then adjust the actual fees to reflect the recovery goal established by Council. The schedule will be formalized per Council direction at this workshop, and brought back to you at the October 11, 1999 meeting. Memo to Council Regarding Fee Schedtlk Page 2 w 12 The CilY9;fWbodburn <-~' :',- ;:',' -/. ~--" 1 999 ~00tJ..M.. t. F ....... .. .... . -;:...%.:......t .'l;r~ ...,....4.~ ~. s.......;...~l...e...........;~~.ri.\.' ee .... ", --' .,-.,.,.".'.. .. .' ........'..... .......'.-........'.'.- .-....'- ...... .. " ... --,,-.-.. .... S . d.... ... ..,....'.f. :- .... ....,....-.,. - ,> .. -- .', ',- '. 0' " _.. ',c' ,_.. -, ...:.. ---<':-'- '-' ~- , :' _ ,:<>.:..' _/.,> __-'-',,_:,_:~_" >' .. -"L".,,:~' -<-.. _",';',:::--' .. :-";'::<;':;:' <}{:' --;"_ __".,:~ ,-\_,:,'i ,,-'x,;, ~~:~ D'<'- ~: -,', ,;-;::,,-'- :_:,;-. ';~('-:_: ..,' :,' ,i=: .....,. mlil;e';:;'4.,~~,.Dait::~> '1 Presented to<th~i;Citye.(JUflCil on September 27; 1999 lIT Fee as a OJ Recom'd Current Cost of 10 Recom'd Regulation, Product, or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee ervlce Cost R ee ecovery Community Development Annexations Zone Map Amendment Comprehensive Plan Amendment Conditional Use Variance Appeal of Land Use Action to CiLt Council Minor Partition (3 lots or less) Major Partition (involves road) LoI-Une Adjustments Subdivision (4 lots or more) P.U.D. (4 lots or more) Site Plan Review (based on square footage) under 4,000 sq. ft. 4,~ ~.ft.- 24,9!J9 sq. ft. 25,000 sq. ft. - 99,999 sq. ft. 1()(),~sq.~. - 199,999 sq.ft. 200,000 sq. ft. + $604.00 $561.00 $561.00 $269.00 $520.00 $505.00 $256.00 $384.00 $256.00 $800.00 $800.00 . $1,280.06 $1,325.38 $1,325.38 $818.40 $907.52 $912.29 $898.22 $1 ,062.53 $276.20 $1,498.46 $1,772.17 $752.00 $1,082.44 $980.00 $1,753.39 .....,....-..-................. $1,437.00 $2,513.08 $3,165.06 $5,540.46 $6,374.00. $10,974.78 47.2% 42.3% 42.3% 32.9% 57.3% 55.4% 28.5% 36.1% 92.7% 53.4% 45.1% 69.5% 55.9% 57.2% 57.1% 58.1% 100.0% 1oo.0%, 100.0% 100.0% 100.0o/J 100.0% 100.0% 100.0% 100.0% 100.0o/~ 100.0% 100.0% 1 00~9%' 1()() .O%, .. 1l)()'Oo~ 100.0% $1,280 $1,325 $1,325 $818 $907 $912 $898 $1,062 $276 $1,498 $1,772 $1,082 $1,753 $2,513 $5,540 $10,974 12 plus $10 per lot . ..--_................,..,-,...,_... plus $13 per lot Copy Fet3S(documents and tapes) Public Dance Penn its Finance $25.66 $28.30 $100.00 $114.94 Lien Filing Fees (per request) NSF Check Fee -first and second time -remainder -avoidance payment $15.00 $20.00 $25.00 $10.00 $0.00 Cc>pYof..~..Budget Uquor Ucence ......... .-----......-............. -flE!\YJClII types, including package) -rerlE!\YClI (A and Bonly) --renewal (package only) -special event liquor licence ."..."...,......---.-..----.....------............,."...,.................... Sound Amplification Pennit $150.00 $15.00 $0.00 new fee new fee Fines for Overdue Ubrary Materials Key Ring Cards and Replacement Cards Charge for Interlibrary Loan (ILls) $0.10 $1 return postage + lending charges list price $0.05 : sli~in9scal~ ,sliding Scale : sliding scale. Lost Books and Materials Printing, Computer Camegie..R()OmUse Multi-Purpose Room Use Room Use Monitor Fee $31.98 $5.66 $5.66 $5.66 $24.15 $173.99 $54.11 $54.11 $19.98 $22.81 $0.79 $1.42 $94.76 $94.76 $0.05 $18~95 $23.69 $23.69 90.7% 87.0% 46.9% 353.4% 441.7% 176.7% 0.0% 86.2% 27.7% 0.0% 0.0% 0.0% 12.7% 70.4% 3.2% 21.1% 100.0% nla n/a n1a 100.0% 100.0% 1 OO.Oo/~ 353.4% 441.7% 176.7% .. . O.Oo/J 100.0o/~ .................,-.-.---... 100.0% 100.0 100.0 1oo.0o/~ $28.30 feeperhclur'cIl~l'Qedtoth~~ear~t1/10hour. mm" ....... $114 fee charged per dance, $300 per year (fee applies only to groups charging admission) $31 $20 $25 $10 payment made to avoid water shut-off (in addition to check feel.. $0 $173 plus noticing (X)stsin th~~venl of~(je~i~1 $54 plus ~oticingC()~tsinth~e~~~t of~~~~i~ $54 plus noticingcostsinthe~ventofadenial $19 $22 $0.10' charged per day (all items, induding videos) $1 per card (fee established by CCRLS) retum fees average $3 postage + lending charges list price or default price (fees average $20) $0.05 charged per page $18c11arged perh()lJr (feef()l"gr()\Jp~chargi~9C1drTlissi<>n()llIYL $23 .....chargedperhour.Jfeef()l" .9fl)!JpSchargin9C1drTlission()llIYl..., $23 charged per hour for room use after business hours in addition to the room use fee (fee for groups charging C1drTlission.(lnIY).... for n()lliesi(jents()\Jtsi~~ th~ 9CRl,~ systemb()lJn~aries for non-residents inside the CCRLS s stem boundaries 4.2o/~ 70.4o/ll! 3.2% 21.1~ 100.0% 100.0% '100.0%;. ... 100.0% Library Records Computer Scans $11.50 $13.32 86.3% 100.0% fee charged for average research time (includes first two pages, $1.00 each adcfrtional page) $13 fee charged for average research time (includes first record, 19".2000 IIufw Fee Sdledule OrIfl P.ge 1 I1r 12 Fee as a Of Recom'd Current Cost of ,. Recom'd Regulation, Product, or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee ervlce Cost Recove ee Archived Records Retrieval Statutory Vehide Impoundment (Resolution #1497) . Fingerprinting (for the School District) Police Investigations N:.;'iScf;_,~;~ i:.,." ,_' -.).., ,.;. -..:.:.- L ; ~ -first hour ~ach additional hour or fraction thereof Vegetation Abatement Fees (Ordinance #1822) -first hour ~ach additional hour or fraction thereof $35.16 $39.96 $150.00 $175.49 $17.50 $19.98 $35.16 $54.41 $117.00 $129.90 contractor contractor costs costs $113.00 $123.12 $40.00 . $40.00 88.0% 85.5% 100.0% 85.5% $1.00 each additional record) $39.96 fee charged per hour (plus $1.00 per record) $150 87.6% 64.6% 100.0% 100.0% $19' fee charged per person $54.41 fee charged per hour 90.1% 100.0% $129 first hour of nuisance abatement 100.0% 100.0% cont costs 91.8% 1 OO.OO/~ $123 first hour of obnoxious vegetation abatement 100.0% 1 OO.OO/~ $40 Construction Permit for Work in the Public Right ofWay{Qrdinance1#1795~t of Improvement! .-un<l~$5,Q<lO -$5,000 - $25,000 -$25,000 - $100,000 .. .--............. -over $100,000 ~eep~()\es~irst Weep HoIes-Each Additional ~erTap Water Service Installation Charges (Ordinance #1866) -314' line and 518' meter -1' line and meter -1-1/T and larger meters Charge for Leak Adjustment Service Reconnect for Non-Payment/Service (Ordinance #191551~tCll'ed:. . -full payment during bus. hrs :-:full pclYrnent after bus. hrs(ADD) -filII Pa.Yrnenton holidays, weekends(ADD) -tum onIoft Curb Cuts Approaches T&E Blue Prints-24' x 36' (full sheet) Blue Prints-18' x 24' (half sheet) Roll Stock 24' x 36' (Aerials, Ward Maps, 1'=800' City Maps) Cons~on$tandar~Specillcations. . Ben<:hrnark~on~lTlEl"tMaplRefererlce Design Standarcls.(in draft) ..... ated~h~rgeS** Wastewater Monthly Charges (fees are the minimum charges [Ordinance #2157)) Residential-Single Family, Churches (per unit, miniITlIJITlVolurne~cf) . ..... . . Multi-family, Apartments, Mobile Homes in Parks, Condos, Hotel, Motel (per unit, minimum volume 5% of cost $250.00 $1,000.00 $3,000.00 $30.00 . $10.00 $100.00 nla n1a nla n1a $37.36 $18.68 $122.58 nfa nla n1a n1a 80.3% 53.5% 81.6% .. n/~ n1~ n1~ n1a ............--..............--. 80.3% 8O}~ 81.6o/~ 5% of.cost. .!5~ ()f (;()st~lJtllotless th(jnJ10 $250.00 plus4%()v~r$5,OOO $1,000.00 ..plus.3~0()yer$2~,OOO. $3;000.00 plus2~over.$100,OOO $30.00 $15.00 .. $1 00.00 $150.00 . $200.91 74.7% 99.5% $200.00 $260.00 $307.88 84.4% 97.4% $300.00 cost det. by nla nla n1~ cost det. by City: . ...City $10.00 $23.06 43.4% 86.7% $20.00 $10.00 $21.49 $25.00 . $85.94 $25.00 $85.94 $10.00 $21.49 $30.00 $37.36 $1.50 $1.50 $1.00 $1.00 $5.00 $12.03 $5.00 $11.78 $0.25 $0.25 $2.50 $12.03 $35.00 nla .. $5.00' nla $20.00 nla 46.50/0 9i1% $20.00 29.10/0 58.2o/~ $50.00 29.1% 58'2"/( $50.00 46.5% 93.1% $20.00 . 80.3% 93.7~ $35.00 100.0% 1 OO.O~ $1.50 100.00/0 1 OO.Oo/~ $1.00 41.6% 83.101.; $10.00 42.4% 84.9% $10.00 100.0% 100.~ $0.25 20.8% 41.6% $5.00 costs determined by City (plus 15% of said cost for . acIlTlinistf(ltiV~(jnd OV~rtl~expellseL deducted from total credit of leak adjustment (Ordinance #1866) when bill has been pclid in full PLUS when paid between 8 am and 4 pm aft~r business hours are paYments bel\vElen 4pman<1 8am for other reasons other than non-payment (exdudes emergency such as waterline or equipment breakage) fee for two (2) cuts fee charged per foot fee charged per $1,000 of valuation on building permit fee charged per square foot nla n/a $35.00 nla n1a $5.00 nla n/;3 $20.00 fee and cost of service estimated water 8ndWaslElWaterUiiiiti rateS aremoreallPiOPriallllyadjusledttlfOllQiiaseparat9process:illeieiOie,l/18y iia'<'El1lo1 adj~intl1e CUIIIlI1tschedule. $20.20 $20.20 $20.20 100.0% 100.0% $20.20 volume charge over minimum =$3.59/100cf $20.20 100.0% .100:0% $20.20 volume charge over min. =$3.59f100cf 1999-2000 Mutei' F.. Schedule Draft "-g. 2 1rr 12 Fee as a 01 Recom'd Current Cost of /0 Recom'd Regulation, Product. or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee ervlce Cost Recove ee 5OOcf} Residential Units not on City Metered Water System Commercial Businesses, Schools, RV Parks, Care Centers, etc. (per meter, minimum volume 6OOcf) InclJstri<1' Volume Charge ~[)gh~ge (pefpound) TSS CharQe (per pound) RV ()ump Stations (per month) -for multiple RV dump stations -for individual RV units in park Septage . -fesideoti~lpefg~non --<:om~al pergallon ~;~~~~~~~~~6~l~!i9fi~ijJllS.. Deposit Application (Ordinance #1965) Other Deposit Amount -1" -1-112" -2" -3" -4" -6" -8" Water Monthly Rates (Ordinance #1866 modified . bYR~utiorl #1097) -518" - 314" -1" -1-112" -2" -3" -4" -6" --8" Multiple Dwelling per unit Consurnptionupto 3,200 cf Consumption over 3,200 cf ."...,-........------------.......".....,--......................,. Fire ~prink1er COIlnection (()rdinance#1866) Bulk Water Rate (Ordinance #1866) Meter Error (when customer requests the city to test the meter serving individual's premise [QrdinCil1<:e#1186611. -518' - 314" -1" -1-112" -'l' -3" --4" ~" --8" Outside City Umits Surcharge for Water Charges . $27.38 $27.38 100.0% 100.0% $27.38 $25.54 $25.54 100.0% 100.0% $25.54 volume charge over min. =$5.49f100cf ~r-.~ C'':'l ~~ ~ r: 1 ~('I ,..n' 10~0% ~ '" (:') rni~iTi'I~~f \'0r~'rrr 1 t~0 cf, 1rc+!c-?<; 1 s~ 251'800 2"d , . .......,. 9#T55 over min. $2.27 $2.27 100.0% 100.0% $2.27 per 100cubic feet $0.85 $0.85 100.0% 100.0% $0.85 $0.25 $0.25 100.0% 1oo.0o/J $0.25 $25.54 $25.54 100.0% 100.0% $25.54 minimum/connection $2.75 $2.75 100.0% 100.0% $2.75 minimum/connection 50 cubic feet , $0.525 $0.525 100.0% 10().00/~ $0.53 $25 minimum $0.070 $0.070 100.0% 100.0% $0.07. $25 minimum $0.085 $0.085 100.0% 100.0% $0.09 .. per Qallon residentialorco'!l'!lercial. septage . $40.00 $82.95 48.0% 48.0% $40.00 deposit amount not less than or an amount equal to estimated 3 month bill, at the discretion of the city $40.00 $89.85 44.5% 44.5% $40.00 $45.00 $121.80 36.9% 36.9% $45.00 $85.00 $175.92 48.3% 48.3% $85.00 $170.00 $284.82 59.7% 59.7% $170.00 $275.00 $492.27 55.9% 55.9o/~ $275.00 $540.00 $1,020.57 52.9% 52.9o/~ $540.00 $600.00 $1,654.56 36.3% 36.3% $600.00 $7.45 $7.45 100.0% 1()Q.O~ $7.45 m4()Q cfrnini'!lu'!lqu~~~ty $9.75 $9.75 100.0% 100~Oo/~ $9.75 ~d'!li~i'!l~rn9u~ntity .. $20.40 $20.40 100.0% 100.0o/~ $20.40 . 1 '800cf'!lini'!lurn 9~antity $33.10 $33.10 100.0% 1 ()Q.Oo/~ $33.10 .3,2()Qcfrnini'!lu'!lqu~~tity $69.40 $69.40 100.0% 100.0% $69.40 7,500 cf '!Iini'!lum quantity) $138.55 $138.55 100.0% 100.0% $138.55 ... ~ S'()()()cf '!Iinim~'!Iq~<3f1tity. . $285.55 ; $285.55 100.0% 100.0% $285.55 3?'()()()cf'!linirnu'!lquantity $496.90 $496.90 100.0% 1()O~qo/~ $496.90 .~7,()()()cf '!IinimurnCjU~ntity $7.45 $7.45 100.0% 1()O.Oo/~ $7.45 $0.70 $0.70 100.0% 100.0o/~ $0.70 . per 1 ()Qcubi~feet $0.85 $0.85 100.0% 100.0% $0.85. per 1 ()Q cublcfeet . $3.00 $6.03 50.0% 50.0% $3.00 perdial1l~terinctl <>f. s~icelinElper month $20.00 $20.00 100.0% 100.0% $20.00 1st 500 CUbic feet (mini'!lu'!I) $20.00 $96.77 20.7% 2O.iojJ $20.00 $30.00 $116.77 25.7% 25.7% $30.00 $65.00 $116.77 55.7% 55.7% $65.00 $100.00 $186.77 53.5% 53.5~ $100.00 $130.00 $186.77 69.6% 69.6% $130.00 $150.00 $346.77 43.3% 43. $150.00 $165.00 $346.77 47.6% 47. $165.00 $175.00 $346.77 50.5% 5O.5O/c $175.00 1.5 factor nla n1a n1~ 1.5 factor surcharge factor is 1.5 for all rates & charges for services 1999-2000 Master I'M Schedule lhfl "'3 11!" .. > ""^~ & '" ' ~"" ~ ,,} X-~'~''..:;.-' 'R 'd ~~ "~-<-" v , ~ {,'_F'" ~,.", ,~~". .t ,~ ...< "1""> ~ ~ >j,{ ~'\, , .,- ~, ,,~"':.-"" '1 ,~_>>!'"'"' fr._U.%~ ecom ~ "" '<' "":'i pc-:; ~>- '->t €" < "'- .-.-.'4 . "",,<Co: "" '< ... 0 " "",,,<> '6" w,~,.. >;",," ~j~ ,,-::,; eguiation.pr~duct~r'SeFvicef C~:,t ~ ~:":OfCurrent' % Cost < R~~r~<(AdilitiQ~I:F~:'un~:~c;1>(~~,::::1':dj~d' , "J~'! " ,'" d' i. Cost Recove" ~, ",L "', ,4 i ". )',', ,'" <"),'t;:,,J 12 (Ordinance #1965) Hardship Relief (Ordinance #1965) Hydrant Relocation Recreation and Parks surcharge 40% varies n/a n/a n/a n/a surcharge outside city n/a 40% 40% by submitting proof of $6,000 or less yearly income n/a varies fee determined by the Water Division AquatiC Center-Resident Fees Daily Admissions -youth (4-18) $1,25 $2.41 51,9% 51,9% $1,25 -adult (19 and up) $2,00 $3.86 51.8% 51,8% $2,00 -honored citizens (seniors and disabled) $1,75 $3.37 51.9% 51.9% $1,75 Punch Cards --child (0-3) $0,00 $0,00 100,0% 100,0% $0,00 -youth (4-18) $11. 25 $21.70 51.8% 51,8% $11,25 -adult (19-54) $18,00 $34,71 51,9% 51,9% $18,00 -honored citizens (seniors and disabled) $15,75 $30.37 51,9% 51,9% $15,75 Memberships (3 months) -individual (4 and up) $37.50 $72.32 51.9% 51.9% $37,50 --couple $60,00 $115,71 51.9% 51,9% $60.00 -family $75,00 $144,64 51.9% 51,9% $75,00 Memberships (annual) -individual (4 and up) $130,00 $250.71 51,9% 51,9% $130.00 --couple $210,00 $404,99 51,9% 51.9% $210,00 -family $260,00 $501.42 51.9% 51.9% $260,00 Pool Rentals -1-50 swimmers/hour $60,00 $15757 38,1% 38,1% $60,00 -51-100 swimmers/hour $90,00 $236,36 38,1% 38.1% $90,00 -101-150 swimmers/hour $120,00 $315,15 38,1% 38,1% $120,00 -151-200 swimmers/hour $150,00 $393.93 38,1% 38,1% $150,00 Lifeguard Training $50,00 $158.21 31.6% 31.6% $50,00 36 hours WSI $80,00 $253.14 31.6% 31.6% $80,00 including books-40 hours Jr. Lifeguard Training $35,00 $110.75 31.6% 31.6% $35,00 30 hours Swimming Lessons $25,00 $79,11 31,6% 31,6% $25,00 session-8 lessons in 4 weeks Adult Swimming Lessons $28,00 $88,60 31.6% 31,6% $28.00 15+-session-8 lessons in 4 weeks Private Swimming Lessons $40,00 $126,57 31.6% 31.6% $40,00 minimum 4 lessons-per 30 minutes Semi-Private Swimming Lessons $60,00 $189,85 31,6% 31.6% $60,00 minimum 4 lessons-per 30 minutes, 2 persons similar age and ability Aquatic Center-Non-Resident Fees Daily Admissions --child $0,00 $0,00 100,0% 100.0% $0.00 ages 0-3 with paid adult -youth $1.75 $2.41 72.6% 72.6% $1.75 ages 4-18 -adult $2,50 $3.86 64,8% 64,8% $2,50 ages 19 and up -honored citizens $2,25 $3,37 66,8% 66,8% $2.25 seniors and disabled Punch Cards --child (0-3) $0,00 $0,00 100.0% 100.0% $0,00 ages 0-3 with paid adult -youth (4-18) $15.75 $21.70 72.6% 72,6% $15.75 ages 4-18 -adult (19-54) $22.50 $34.71 64.8% 64,8% $22,50 ages 19 and up -honored citizens (seniors and disabled) $19.75 $30.37 65,0% 65,0% $19.75 seniors and disabled Memberships (3 months) -individual (4 and up) $50,00 $72.32 69,1% 69,1% $50,00 --couple $80,00 $115.71 69,1% 69,1% $80,00 -family $100,00 $144,64 69,1% 69.1% $100,00 Memberships (annual) -individual (4 and up) $170,00 $250,71 67,8% 67,8% $170.00 -couple $280,00 $404,99 69,1% 69,1% $280.00 -family $350,00 $501.42 69,8% 69.8% $350,00 1999-2000 Master Fee Schedule Draft Page 4 1'1'f' 12 , F 01 Recom'd Current Cost of ee as a 10 Recom'd Regulation, Product. or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee ervlce Cost Recove ee Pool Rentals -1-50 swimmerslhour -51-100 swimmerslhour -101-150 swimmerslhour -151-200 swimmerslhour Lifeguard Training (36 hours) $75.00 $105.00 $135.00 $165.00 $60.00 VVSI (InChJQ;"::i u00KS-4v IlvUiS) ~:'U.UV Jr. Ufeguard Training(30 hours) $45.00 Swimming Lessons $30.00 Adult SwimmingLessons $33.00' Private Swimming Lessons $52.00 Semi-Private Swimming Lessons . $78.00 C9fR.!c;rr~"Pr99@m~)R~i!ie"t~,,~N()(l.RiSideiit.... Dances . $2.00 Special Trips varies Special Instruction Programs Dance Class Production Dance & Performance Martial Arts Athletics Open Gym -adult (per 1 Yo hr visit) -adult (151 % hr visit punch card) -youth (1 hr visit) youth Soccer -ooe player per family -two players per family -three players per family -four players per family Adult Softball Managemenl Fee Adult Basketball Management Fee Summer Day Camp Per Week All 5 Weeks Extended camp hours (per week) Extended Camp Hours (all 5 weeks) f~IYI'~nri~rlmlii ; Woodbum Community Center (all fees per hour) i -auditoriumlfireside room . -jlUd~()liurn/firesi<ie 1'()()(1l ",/food and beverages I -kitchen (w/roomrental) ~itcllenJalone) . -entire building Deposit (per rental) Facility Monitors (building staff) Park Facilities(per~ay) -legion Park Picnic -Settlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (perhour) --Settlemier Park (softbaIllbaseball) -Legion Park (softballlbaseball) -Settlemier Park (youth soccer) $20.00 $40.00 $20.00 $1.00 $15.00 $0.00 $16.00 $30.00 $40.00 $48.00 $125.00 $1,500.00 $30.00 $150.00 $10.00 $40.00 $10.00 new fee . ..---......--....-... $10.00 $15.00 $35.00 $50.00 $10.00 $15.00 $15.00 $8.00 $8.00 $150.00 $5.00 $5.00 $5.00 $157.57 47.6% 47.6% $75.00 $236.36 44.4% 44.4% $105.00 $315.15 42.8% 42.8% $135.00 $393.93 41.9% 41.9% $165.00 $158.21 37.9% 37.9% $60.00 ~L;';.:l"14 j~.v/o ~5.b)c $,,0.00 $110.75 40.6% 40.6% $45.00 $79.11 37.9% 37.9% $30.00 (session-8 lessons in 4 weeks) $88.60 37.2% 37.2% $33.00 . .. (15+,s~ssion-8 .Iessonsin 4Y1ee~~) . $126.57 41.1% 41.1% $52.00 (minimum 4lessons-per30 minutes) $189.85 41.1% 41.1% $78.00 (minimum 4Iessons~per30rninutes) $2.00 100.0% 100.0% $2.00 per event varies nla nia varies per event $24.00 83.3% 83.3% $20.00 per session-4 weeks, 1 hr. classes $45.00 88.9% 88.9% $40.00 per session-12 weeks, 1 hr. classes $20.00 100.0% 100.0% $20.00 $1.00 100.0% 100.0% $1.00 $17.00 88.2% 88.2%, $15.00 $1.00 0.0% 0.0% $0.00 $24.00 66.7% 66.7o/~ $16.00 $48.00 62.5% 62.5o/~ $30.00 $72.00 55.6% 55.6% $40.00 $97.00 49.5% 49.5% $48.00 $117.00 106.8% 106.8% $125.00 per Team $1,395.00 107.5% 107.5% $1,500.00 per Season $49.00 61.2% 61.2o/~ $30.00 $243.00 61.7% 61.7%. $150.00 $13.00 76.9% 76.9% $10.00 $67.00 59.7% 59.7% $40.00 $24.00 41.7% 41. 7"~ $10.00 $41.00 n/a 36.~o/~ $15.00 $5.00 200.0% 200.0% $10.00 $24.00 62.5% 62.5% $15.00 $41.00 85.4% 85.4%. $35.00 nla nla nla, $50.00 $10.00 100.0% 1oo.0o/~ $10.00 $37.00 40.5% . "40.5ok $15.00 $37.00 40.5% 40.5%, $15.00 $37.00 21.6% 21.6%, $8.00 $37.00 21.6% 21.6%[ $8.00 ..... $150.00 100.0% 100.0o/~ $150.00 $17.00 29.4% 29.4% $5.00 $17.00 29.4% 29.4% $5.00 $17.00 29.4% 29.4~ $5.00 1999-2000 Mas,.,. Fee Sehedule DrIft hgts I1r I F 01 Recom'd , Current Cost of ee as a /0 Recom'd Regulation, Product, or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee ervlce Cost Recove ee -Legion Park (adult soccer) -Centennial Park (youth soccer) -Centennial Park (adult soccer) -Centennial Park (softballlbaseball) Field Prep (all fees per game) -softball /baseball -soccer Athletic Field Lighting Deposits (per youth rental) Deposits (per adult rental) E~It~~~~!#~~~~'" Woodburn Community Center (all fees per hour) , -auditorium/fireside room -auditoriumlfireside room w/food and beverages: -kitchen (w/above room) -kitchen (alone) ~ntire building Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -legion Park Picnic -Settlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (per hour) -Settlemier Park (softballlbaseball) -legion Park (softballJbaseball) -Settlemier Park (youth soccer) -legion Park (adult soccer) -Centennial Park (youth soccer) -Centennial Park (adult soccer) -Centennial Park (softballlbaseball) Reid Prep (all fees per game) -softballJbaseball -soccer Athletic Field Lighting (all fees per hour- Settlemi~tx Legion Parks) D.eP<>sitsJPE!I" youth rental) [)e~~!~!~~~,r;~~IL .... ee ~ .... f~!!!YJ~~~!~mm~i~I.... ... ............................................. Woodburn Community Center (all fees per hour) . -auditorium/fireside room -auditoriumlfireside room w/food and beverages! -kitchen (w/above room) -kitchen (alone) ~ntire building Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -legion Park Picnic -Settlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park 12 $7.00 new fee new fee new fee $17.00 $17.00 $17.00 $17.00 41.2% n/a nla n/a 41.2% 29.4% 100.0% 29.4% $17.00 $5.00 $17.00 $5.00 $6.00 $35.00 17.1% 100.0% $35.00 chalking. dragging. setting bases $12.00 ~j5.0J 34.3'/0 100.0'1'0 $35.00 chaiking/marking $3.00 $15.00 20.0% 100.0% $15.00 all feeS perhour ~lllemier &Legion Parks $25.00 nla n/a n/a $25.00 $50.00 n/a n/a nla $50.00 .. $20.00 $24.00 83.3% 83.3% $20.00 new fee $41.00 n/a 61.0% $25.00 $15.00 $41.00 36.6% 36.6% $15.00 $20.00 $24.00 83.3% 83.3% $20.00 $35.00 $41.00 85.4% 85.4O/~ $35.00 $50.00 n/a n/a nla, $50.00 $10.00 $10.00 100.0% 1oo.00/~ $10.00 $30.00 $37.00 81.1% 81.1% $30.00 $30.00 $37.00 81.1% 81.1% $30.00 $8.00 $37.00 21.6% 21.6% $8.00 $30.00 $37.00 81.1% 81.1 O/~ $30.00 $150.00 $150.00 100.0% 100.0% $150.00 $5.00 $17.00 29.4% 29.40/~ $5.00 $5.00 $17.00 29.4% 29.40/~ $5.00 $5.00 $17.00 29.4% 29.4% $5.00 $7.00 $17.00 41.2% 117.6%. $20.00 new fee $17.00 nla 41.2% $7.00 new fee $17.00 n/a 117.60/~ $20.00 new fee $17.00 n/a 41.2"/~ $7.00 $6.00 $35.00 17.1% 100.0% $35.00 chalking, dragging, setting bases $12.00 $35.00 34.3% 100.0% $35.00 chalking $3.00 $15.00 20.0% 100.00/<< $15.00 $25.00 n/a n/a nla $25.00 $50.00 nla n/a n/a $50.00 n_ ~ _"~,^_.~__"'~.~'.." $30.00 $24.00 125.0% 125.0% $30.00 new fee $41.00 n/a 122.0% $50.00 $25.00 $5.00 500.0% 500.0% $25.00 $27.00 $24.00 112.5% 112.5% $27.00 $45.00 $41.00 109.8% 109.80/~ $45.00 $50.00 nla n/a nla $50.00 $10.00 $10.00 100.0% 100.0% $10.00 $50.00 $37.00 135.1% 135.10/~ $50.00 $50.00 $37.00 135.1% 135.W~ $50.00 $37.00 $37.00 100.0% 100.0% $37.00 $37.00 $37.00 100.0% 100.0% $37.00 $150.00 $150.00 100.0% 100.0% $150.00 1999-2000 Master Fee Schedule DrIft Plge6 111 , Current Cost of Fee as a %' Recom'd Recom'd Regulation, Product, or Service F S' of Current % Cost F Notes (Additional Fees, Units, etc.) ee erYIce' Cost Recove ee 1: Athletic Fields (per hour) -Settlemier Park (softballibaseball) -Legion Park (softballlbaseball) -Settlemier Park (youth soccer) -legion Park (adult soccer) -Centennial Park (youth soccer) -Centennial Park (softballlbaseball) Field Prep (all fees per game) -softballlbaseball -soccer Athletic Field Ughting (all fees per hour- Settlemier & Legion Parks) Deposits (per youth rental) Deposits (per adult rental) Other Special Event Permit (one day) PLUS Additional Days OR Per Event Per Attraction Fee Community Garden Plots-Resident and Non- Resident" 1 st 20' x 40' Plot 2nd 20' x 40' Plot $10.00 $17.00 58.8% 58.8% $10.00 $10.00 $17.00 58.8% 58.8% $10.00 $10.00 $17.00 58.8% 58.8% $10.00 $12.00 $17.00 70.6% 147.1% $25.00 new fee $17.00 nfa 58.8% $10.00 new fee $17.00 nfa 58.8% $10.00 $6.00 $35.00 17.1% 17.1% $6.00 chalking, dragging, setting bases $12.00 $35.00 34.3% 34.3% $12.00 chalking $3.00 $15.00 20.0% 20.0% $3.00 $25.00 nfa nfa nfa $25.00 $50.00 nfa n/a nfa $50.00 new fee $1,275.00 nfa 100.0% $1,275.00 new fee $400.00 n/a 100.0% $400.00 new fee $50.00 nfa 100.0% $50.00 whichever is greater $0.00 $22.00 0.0% 100.0% $22.00 $0.00 $22.00 0.0% 100.0% $22.00 .. The fee for community plots was erroneously set at $0 in the previous schedule. The Recreation and Parks Department has charged $15 in the past for community plots. That figure has been adjusted to reflect the current cost of service in the 1999-2000 schedule. 1999-2000 Muter "" Schtdule DrI ,.. Hi' ACTION TAKEN: DATE OF DECISION: NATURE OF ACTION: APPEAL RIGHTS: 15A CITY OF WOODBURN 270 Montgomery Street · Woodbun, Oregon 97071 · (503) 982-5222 TOO (503) 982-7433 · FAX (503) 982-5244 NOTICE OF DECISION WOODBURN PLANNING COMMISSION SUBDIVISION 99-02 VARIANCE 99-09 SEPTEMBER 23, 1999 On September 9, 1999 the Woodburn Planning Commission approved, with conditions, Subdivision 99- 02 with allowed development of 9 single family residential lots. In addition, the planning commission approved Variance 99-09 which allows the flag lot width of lots 6 & 7 to be 1 5 feet wide instead of 30 feet wide. The findings and conditions are attached hereto and incorporated herein as Exhibit "A". The final decision of the Woodburn Planning Commission is app~alable if written notice is filed within 1 0 days of the mailing of the effective of said decision. Dated this 24th day of Septmber, 1999. Teresa Engeldinger, Woodburn Planning Department 1"11" 15A CITY OF WOODBURN 270 Montgomery Street: . ~, Oregon 97071 · (503) 982-5222 TOO (503)982-7433 · FAX(503)982-5244 NOTICE OF DECISION SUBDIVISION 99-02 VARIANCE 99-09 APPLICANT: WUhelm Engineering Inc. 1771 Mt. Jefferson Ave. Woodburn, OR 97071 II OWNER: Grigory & Olga Saverchenko 2785 Pacific Highway Hubbard, OR 97032 III NATURE OF THE APPLICATION: The applicant has submitted an application for a subdivision to divide approximately 1.8 acres into 9 lots in the city of Woodburn. The owners of the subject property have proposed to name the subdivision "Oakwood". In addition, the applicant is requesting a variance to flag lot width standards for lots 6 & 7. Subdivision standards require a flag lot to be 30 feet wide, the applicant is requesting 15 feet. IV RELEVANT FACTS: Land area: Approximately 1.8 acres The applicant's site is within the City Limits, approximately 30 feet southwest of the intersection of Luba street & 'Parr Road. The property can be identified' specifically as Tax Lots #8000,8100,8201,55, 1W, Section 18CB. One single family residence is located on the subject site as identified by lot 1 . SUB 99-02 V AR 99-09 1 1'!f' 15A V RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading and Driveway Standards Chapter 13 Variance Chapter 22 Single Family Residential District Chapter 39 Mandatory Parkland Dedication or Cash in Lieu C. Woodburn Subdivision Ordinance D. Woodburn Transportation System Plan A. Woodburn Comprehensive Plan FINDING: The applicable comprehensive policies have been addressed by the implementing ordinances of the adopted subdivision standards, zoning ordinance and any other ordinances in affect at the time of approval. . B. Woodburn Zoning Ordinance Chapter 8 General Standards Section 8.010 Minimum Street Width. FINDING: The applicant's proposal will access onto an existing street ( Parr Road) that meets city standards. SUB 99-02 V AR 99-09 2 15A Section 8.190 Vision Clearance FINDING: Each lot will require a separate building permit. At such time that building permits are issued, each lot will be reviewed for compliance with vision clearance standards. Chapter 9 Residential Standards FINDING: Each lot will require a separate building permit. At such time that the building permits are issued, each lot will be reviewed for compliance with residential set back requirements. Any new fencing will also be reviewed for compliance with this section prior to permit issuance. Section 9.045. Front Yard Setback. Every building shall setback from lot lines adjacent to streets at least 20 feet...When by this Ordinance or any other ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply. FINDING: A condition of approval is that the applicant shall comply with the required front yard setbacks. Chapter 10 Off Street Parking, Loading and Driveway Standards Section 10.080 Driveway Standards FINDING: A condition of approval is that each lot will be subject to single family driveway standards. Chapter 13 Variance Procedures Section 13.020 Conditions for granting a variance (a) That there are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; SUB 99-02 V AR 99-09 3 IIr 15A FINDING: Requiring 30 foot wide drives for each lot would waste valuable residential land, a 60 foot access to serve two residential lots is a needless waste of residential property. The proposed 1 5' lot frontages for lots 6 and 7 with reciprocal easements would combine together to form a 30 foot access which would be sufficiently wide to permit a 24' paved driveway to both fla910ts. The city driveway standards ordinance requires that where the property frontage is 30' or less the maximum driveway width is 12 feet. The proposed 30' easement has sufficient width for utilities to access the two lots. (b) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same district; however, non-conforming land uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions; FINDING: The f1aglots are created be dividing a land locked parcel which, otherwise would have no roadway access. This parcel is approximately 100' removed from a public street. Requiring the pole section of flaglots to meet the lot width requirement defeats the generally accepted purpose for flag lots (to provide a means to develop residential property where the geometry is difficult.) Creating an access easement to these properties which is larger than necessary would remove buildable land from the adjoining lots to the east and west, and place it in non buildable areas as part of access to lots 6 and 7. The proposed variance provides adequate access while using the residential land efficiently in spite of difficult geometry. (c) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood or the premises; FINDING: Granting this application will in no way be detrimental or hazardous to the public welfare. The proposed plat provides adequate access and turn around for fire and emergency vehicles. This configuration will make the area more visually pleasing by reducing driveway area which is generally not as aesthetically pleasing as home landscaping. The same access configuration is used in the Steklov addition just north of Parr Road. SUB 99-02 V AR 99-09 4 11"1" lSA (d) That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; .~ ~ FINDING: The variance will allow the petitioner to create lots in this subdivision which are consistent in size with the lots of the surrounding area and reflective of the property zoning. Without the variance the applicant would lose one lot which would significantly reduce the density for this plat. (e) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant; and FINDING: Granting of this application will not compromise the health or well being of the citizens working or living in the surrounding community. Adequate access and turnarounds are provided for fire and emergency vehicles. If the variance is approved, this development would be similar to recent developments in the area. The same access configuration is used in the Steklov addition just north of Parr Road. (f) That the granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted comprehensive plan. FINDING: Granting of this application would be in accordance with the Woodburn Comprehensive Plan. Although there is confusion as to ordinances that may apply to flaglots, the zoning ordinances clearly allow for flaglots. The variance is required because there is a section of the subdivision standards that requires a 30 foot minimum width for flaglots and that is being interpreted a applying to the pole or access section. It may be appropriated to clarify the interpretation to apply to the body of the lot and in particular at the building line. Approval of this variance will aUow practical application of flaglot~- to provide density consistent with the zoning ordinance. SUB 99-02 V AR 99-09 5 ~ 15A Chapter 22 Single Family Residential District Section 22.010 Allowed Uses Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for one or more of the following uses: (a) Single Family Dwelling FINDING: The proposed subdivision and single family residences are an allowed use. Section 22.040 Height. In an RS District, no building or structure shall exceed 35 feet or two and one-half stories in height... Section 22.050 Rear Yard. There shall be a rear yard on every lot in an RS District which shall have a minimum depth of 24 feet for a one-story building, 30 feet for a two-story building and 36 feet for a two and one-half story building. In the case of a corner lot, the minimum depth shall be 14 feet for a one-story building, 20 feet for a two-story building and 26 feet for a two and one-half story building. Section 22.060 Side Yards. There shall be a side yard on each side of the main building on every lot in an RS District in width not less than five feet for a one-story building, nor less than six feet for a two or two and one-half story building. Section 22.070 Front Yard. Every building erected, constructed, or altered in an RS District shall conform to the front yard setback set forth in Section 9.040. . Section 22.080 Lot Area and Width. In an RS District the minimum requirements for lot area shall be 6,000 square feet for each dwelling... SUB 99-02 V AR 99-09 6 1'1f' 15A FINDING: Each of the proposed lots meet the 6,000 square foot minimum lot area requirement as shown by the applicant on the preliminary plat. The side and rear yard setbacks specified in the Woodburn Zoning Ordinance vary according to the height of the proposed home. If the applicant proposes to build two story homes, then greater side and rear setbacks are required. The applicant is requesting a variance to the flag lot width requirement for lots 6 and 7. The existing residence meets the side yard setback requirements. Chapter 39 Parkland Dedication and Cash-in-lieu .FINDING: The System Development Charge for park purposes is $483 per lot. A condition of approval specifies that the applicant shall pay the required parks systems development charges in full, or on a per-lot basis as building permits are issued. See Attachment C. C. Woodburn Subdivision Standards Chapter III Section 7 A. Tentative plans for subdivisions shall include the following information: a. Name of proposed subdivision b. Vicinity map c. Subdivision plan d. Names and addresses in notification area e. Diagram of water system f. Diagram of sewage & storm drain system g. Diagram of streets and sidewalk system h. Legal description of subject property I. Name of proposed streets j. Lot num.bers k. Identification of easements. parkland dedication, and private utilities. FINDING: Sufficient information has been submitted by the applicant. Attached with this application is a preliminary plat that indicates the proposed lots. .:. SUB 99-02 V AR 99-09 7 TIr lSA Section 1 2 (A). General Street Standards The location, width and grade of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety..... Section 13 (B) Lots: All lots shall have a minimum size of the zoning district in which they are .Iocated. In the case of a curved lot line where the radius of curvature is 100 feet or less, the minimum lot line fronting that curvature shall be 40 feet... and in no case shall the lot width be less than 60 feet at the building line...The minimum size for various types of lots shall be given in the following table: Tvoe of Lot Minimum Width Corner lot Interior lot (fronting one street) Flag Lot Double Frontage (fronting two streets) 80 feet 60 feet 30 feet 60 feet FINDING: The applicant has met this criteria with the exception of lots 6 and 7. The applicant is requesting to the flat lot width standards from 30 feet to 1 5 feet. D. Woodburn Transportation System Plan FINDING: Parr Road i$ a improved residential street. Ten vehicle trips per day is standard for single family residential units. Additional road dedication along Ogle street is a condition of approval as well as a non-remonstrance consent form to participate with improvements to Ogle street. SUB 99-02 V AR 99-09 8 l1T' lSA VI CONCLUSION: The applicant is requesting approval to subdivide approximately 1.8 acres into 9 single family lots with lot sizes of greater than 6,000 square feet. Lot number 1 will already have a single family residence on it that will meet the required setback. Lot numbers 6 and 7 are proposed to be flag lots. The subdivision ordinance requires the lot width to be 30 feet wide, the applicant is requesting to make the lots 1 5 feet wide. With conditions of approval, the proposal can meet applicable policies and standards of the city of Woodburn, as found in the previous sections. CONDITIONS OF APPROVAL: 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Prior to recordation with Marion County submit two paper copies of subdivision plat for review to planning department. 3. Applicant shall provide for the installation of all franchised utilities and shall provide any required easement on final plat. 4. Prior to any construction, a reproducible mylar of the final plat shall be filed with the public works department after all required signatures have been obtained and the plat has been recorded with Marion County. 5. On site construction shall not commence until the improvements plans have been reviewed for compliance with subdivision and street width standards and approved by the public works department and all right-of-way permits, park fees and system development ch~rges have been paid. 6. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. 7. Meet vision clearance standards. 8. The applicant shall comply with the Woodburn Subdivision standards. 9. Meet residential setback requirements. SUB 99-02 V AR 99-09 9 '1r 10. Meet private driveway standards. 15A 11 . Prior to building permit issuance the applicant shall comply with the comments provided by the fire department and public works department. 12. Comply with the following chapters of the Woodburn Zoning Ordinance: Chapter 8, 9,10,13,22,39 13. Construct property line sidewalks 14. Provide street plantings as approved by Planning Staff Waste Water. Department: 15. Cross connections; Water Department - All units that put in either a underground irrigation system, swimming pool, hot tub and fire sprinkler system will be required to install backflow prevention assemblies (DC) (Double Checks). The assemblies shall be installed by the water meter next to the property line. Unless approved by city engineers. Please see Inspector on Installation Standards phone 982- 5283. Public Works Conditions: 16. Final plan shall conform to the construction plan review procedures and standards. 1 7. The subdivision shall be platted according to standard surveying practice, approved and recorded with Marion County. 18. The owner/applicant will be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. Also, prior to construction of the subdivision commencing the city will require approved construction plans, a performance bond in the amount of 100% of the improvement cost and public works permit fee's paid. 19. Existing on-site water wells or sewage disposal systems shall be abandoned by the applicant in accordance with state regulations. 20. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. SUB 99-02 V AR 99-09 10 lSA 21 ~ This development shall not cause storm water runoff to be impounded on adjacent properties 22. Applicant shall dedicate to the City of Woodburn an additional 30 feet wide strip of land adjacent to Ogle Street for roadway purposes. 23. All work shall conform to the City of Woodburn standards and all State Building Codes and Regulations. STREET: 24. To accommodate the installation of the required services. The applicant shall grind the existing asphalt surface of Parr Road to a depth of 1 %", and inlay with 1 %" of class "c'" mix asphaltic concrete, after all services have been installed. The grinding and inlay shall be required adjacent to the entire north line of this subdivision, and shall include the intersection of Luba Street. 25. The shared driveway access serving the flag lot 6 and lot 7 shall conform to Chapter 10 of the Woodburn Zoning Ordinance for driveways serving more than one dwelling unit. A proper road maintenance agreement shall be recorded for shared driveway with the subdivision plat, this shall be reviewed and approved by the city prior to recording. . 26. This development shall be responsible for street improvements to Ogle Street. The owner will be required to sign a non-remonstrance consent form to participate and pay the fair share cost of such improvements meeting city standards on Ogle Street as determined by the City Council. 27. The driveway approach serving the shared access shall comply with the City of Woodburn Commercial Driveway Standards. DRAINAGE: 28. Single family residential lots, other then the flag lots, shall drain to the street though weep holes in the curb. 29. The flag lots shall be served by an underground piped storm sewer service connecting to the existing city storm sewer main within Parr Road. The applicant shall install a separate service to each lot. New taps on the storm sewer main will be done by the city, tap fee shall be paid by the applicant. SUB 99-02 V AR 99-09 11 ~ lSA SANITARY SEWER: 30. The existing sanitary sewer main within Parr Road shall be extended westerly and a sanitary service installed to each of the proposed lots by the applicant. The lots adjacent to the existing sewer main shall require a sanitary service line to be installed to each lot by the applicant. New taps on the sewer main will be done by the city, tap fee shall be paid by the applicant. WATER: 31 . The applicant shall install a water service in conformance with city standards from the existing city water main on the north side of Parr Road to each lot. New taps on the water main will be done by the city, tap fee shall be paid by the applicant. WOODBURN FIRE DISTRICT 32. Driveable access to within 150 feet of all side of all structures is required. Access ways more than 1 50 feet in length require a turnaround provision. Minimum width of access way is 20 feet. 33. Residential flow is 1000 gpm. 34. One hydrant within 250 feet of all properties. Coordinate with Woodburn engineering department prior to placement of any hydrants. 35. Local residential alarms as required by ORS. 36. Flag lots need to be addresse~ on a sign located at entrance way from' public road. address numbers to be assigned by the fire district in cooperation with the city building official. (Parr road name is incorrect. Please change to Sridlewood Lane). 37. 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. SUB 99-02 V AR 99-09 12 ~ iIr , , 15A Any conditions attached to the approval of the site plan shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the ordinance. SUB 99-02 V AR 99-09 13 ~ 15B CITY OF WOODBURN 270 Montgomery Street · ~, Oregon 97071 . (503) 982-5222 TOO (503) 982-7433 · FAX (503) 982-5244 NOTICE OF DECISION WOODBURN PlANNING COMMISSION ACTION TAKEN: Site Plan Review 99-19 DATE OF DECISION: September 23. 1999 NATURE OF ACTION: On September 23.1999, the Woodbum Planning Commission approved the administrative approval for a request to expand an existing parking lot located at 1175 Mt. Hood Avenue. A copy of the site plan is attached to this Notice of Decision and is, by this reference. incorporated herein. APPEAL RIGHTS: The final decision of the Woodburn Planning Commission is appealable if written notice is filed within 10 days of the effective date of said decision. Dated this 24th day of September. 1999. Jim Mulder. Woodburn Planning Department Notice of Decision - SPR 99-19 Salud 15E CITY OF WOODBURN 270 Montgomery Street . WoodbLm, Oregon 97071 · (503) 982-5222 TDD (503)982-7433 · FAX(503)982-5244 STAFF REPORT SITE PLAN REVIEW 99-19 August 23, 1999 (Administrative Review) I. APPUCATION INFORMATION: Applicant: : Robert A. Wright Property Owner: Yakima Valley Farm Workers Clinic Application Deemed Complete: September 13. 1999 120 Day Rule Deadline: January 10. 2000 Staff Report Available for Public Review: September 17, 1999 II. NATURE OF APPUCATION: The applicant requests administrative site plan approval to expand an existing parking lot located at 1175 Mt. Hood Avenue, Salud Medical Center. III. APPUCANTS STATEMENT: "The intent of this project is to add a total of 36 parking stalls to the Salud Medical Center's existing site. The site currently contains a total of 58 parking stalls. With the additional 36 stalls, there will be a total of 94 parking spaces on the site. The project includes repaving 15 existing stalls located on the south side of the building and adding 36 new spaces on the adjacent undeveloped area. The parking area south of the building will then accommodate 51 stalls. Additional surface drainage, landscaping, and lighting will be include din the project and is indicated on the site plan. Five oak. two cheny. and two fir trees will be relocated to accommodate the new parking layout. Additional trees. ground cover and irrigation is provided in the new landscaped areas. II IV. RELEVANT FACTS: The site is located at 1175 Mt. Hood Avenue. Marion Count Tax Map Township 5 South, Range 1 West. Section OBBC Tax Lots 900.1000.1100 and 1600. The property is zoned CO (Commercial Office) and has a comprehensive plan designation of Commercial. The site is currently used to house the Salud Medical Facility. SPR 99-19 - Salud Medical Center Page 1 ~ 15B Adjacent property to the East, North and West is designated IP (Industrial Park). After accessing the site from Highway 214. which has a grade of approximately 4%-6% the property is relatively flat. V. RELEVANT APPROVAL CRITERIA: A. Wood bum comprehensive Plan B. Woodbum Zoning Ordinance: Chapter 8 General Standards Chapter 11 Site Plan Review Chapter 28 Commercial Office District C. Woodbum Landscaping Policies and Standards D. Woodbum Access Management Ordinance VI. FINDINGS: A. Woodburn Comprehensive Plan STAFF COMMENT: Applicable goals and policies have been satisfied through the implementing ordinances of the adopted subdivision standards, zoning ordinance and other ordinances in affect at the time of approval. B. Woodburn Zoning Ordinance: 1. Chapter 8 General Standards STAFF COMMENT: The proposal complies with all general standards including the required 50 foot setback of buildings from Highway 214 and vision clearance requirements. 2. Chapter 10 Off-Street Parking, Loading and Driveway Standards STAFF COMMENT: The applicant has not identified an oft..street loading space. Under Section 1 0.060 (b) (1) and (2) a minimum off-loading space 12 feet wide and 30 feet long is required. 3. Chapter 11 Site Plan Review Section 11.070. Criteria for Evaluating a Site Plan. (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. SPR 99-19 - Salud Medical Center Page 2 - SPR 99-19 15B STAFF COMMENT: The proposed expansion is to relieve on-site parking congestion. The applicant anticipates the additional spaces will meet the facilities parking needs. (b) Landscaping shall be used to minimize impact on adjacent uses. (c) Landscaping shall be so located as to maximize its aesthetic value. STAFF COMMENT: To accommodate the additional parking four (4) Cherry and one (1) Oak tree will be removed. The existing tot-lot which was used when this building was a day care facility. located in the northwest comer of the proposed parking lot. will be removed. The applicant's landscape plan identifies the addition of six {6} new flowering trees, nine (9) new Evergreen Trees (Conifer) and ten (10) new Deciduous Trees. not identified as to type. (d) Access to the public streets shall minimize the impact of traffic patterns, Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. STAFF COMMENT: Access to this site from Highway 214 was established in the late 1970's. It is presently shared with an adjoining office building. (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. STAFF COMMENT: The Public Works Staff state -The City of Woodburn has no storm sewer system which discharges into the drainage system in Highway 214, this system is regulated by the Oregon Department of Transportation (ODOT). The existing on-site system may not have the capacity for the additional impervious surface. a new storm line may need to be connected to the catch bas!n designated as CB-1 on the plan set. This shall be determined by the applicants engineer. The applicant shall submit the proposal to OOOT from review and approval for the additional storm water runoff and the additional connection to the system. contact Rich Krog. ODOT District 3 Permit Specialist at 503-986-5776.. (f) The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. (Note: specific solar access provisions are described in Section 8.200.) STAFF COMMENT: This is not applicable to the proposed development in that the project involves only an ancillary use. Page 3 1'11" lSB (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF COMMENT: The subject property will accommodate additional parking for its patrons and improve the sites appearance with additional landscaping improvements. (h) The location, design color and materials of the exterior of all structures and signs are compatible with proposed development and appropriate to the character of the immediate neighborhood. STAFF COMMENT: Now modification to the existing building is proposed. C. Woodburn Landscaping Policies and Standards STAFF COMMENT: The applicant has submitted a landscape plan that meets the standards required by Ordinance D. Woodburn Access Management Ordinance STAFF COMMENT: State Highway 214 is classified in the Woodburn Access Management Ordinance as an arterial. Access is established and control is maintained by the Oregon Department of Transportation. VII. CONCLUSION AND DECISION: The proposed project complies with all City ordinances, policies and standards. Based on the findings in this report, the Community Development Director grants administrative approval of the applicant's request subject to the following conditions: PLANNING DEPARTMENT: 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Landscaping shall be approved by the Community Development Department prior to final inspection of the parking lot. 3. All landscaping shall be maintained year round. Plantings shall be watered regularly and in a manner appropriate for the specific plan 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 debris, weeds and tall grass. SPR 99-19 Page 4 ~ 15B The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris. 4. Provide the Community Development Department with the type of trees to be planted. PUBLIC WORKS DEPARTMENT: 5. The existing on-site system may not have the capacity for the additional impervious surface, a new storm line may need to be connected to the catch basin designated as CB-1 on the plan set. This shall be determined by the applicants engineer. 6. The applicant shall submit the proposal to ODOT for review and approval for the additional storm water runoff and the additional connection to the system, contact Rich Krog. ODOT District 3 Permit Specialist at 503.986-5776. 7. All work within the State Highway Right-of-Way shall require a permit be obtained by the applicant from ODOT. 8. The minimum parking stall dimension is 9 x 19 feet, aisle width is 24 feet wide, no dimension or scale is shown on sheet C3 to verify these requirements. 9. The proposed grading plan and catch basin location seems sufficient. 10. For the applicants information, included is the on-site as built information the City has on file. 11 . All appropriate permits shall be obtained and System Development Charges for the additional impervious surface shall be paid prior to commencing construction. 12. Violation of these conditions shall be considered a violation of the Zoning Ordinance. SPR 99-19 Page 5 11r 161\. MEMO TO THROUGH FROM Mayor and Council John Brown, City Administrator Mary Tennant, City Recorder U,~l.L. ~~iJ l~li..~,.A: .....~, 1..:.... j.; SUBJECT Life and Long Term Disability Insurance Coverage Background: Since 1987, the City has purchased life and LTD insurance coverage from Ohio National Financial Services for all of our eligible employees. Insurance quotes are periodically obtained to insure that premium rates are competitive and benefit provisions continue to meet our contractual needs. In August 1999, quotes for coverage were received from Ohio National, City County Insurance Services (Standard Insurance policy), and Regence Life & Health. Premium rates for LTD insurance submitted by Ohio National were substantially higher due to our claims experience (increase from $.79 per $100 coverage to $.95 per $100 coverage). On the other hand, premium quotes from City County Insurance Service (CIS) and Regence were substantially less than what we are currently paying ($.54 per $100 coverage) plus there were some added benefits provided by these companies that our current policy does not provide. Overall, the life and LTD insurance proposals submitted by CIS and Regence were comparable and either one would meet our needs. The premium quote from CIS was for the period of October 1, 1999 through July 31, 2000 whereas Regence would extend the premium rates quoted to September 30, 2001. It should be noted that if the City contracts with Regence, we will continue to purchase a limited amount of term, accidental death & dismemberment, and public safety occupational life insurance from CIS as required by union contracts. This combined insurance package with Regence as the primary source of life insurance will still be approximately $17 per month less than having all of the insurance coverage through CIS. Unless otherwise directed by Council, staff will proceed to sign applicable documents with Regence Life & Health for life and LTD insurance effective October 1, 1999. For the record, the local insurance agent representing Regence Life & Health is Terri Olson of Baglien-Olson Insurance. Financial Impact: Based on the City's current volume of insurance, the City will save approximately $1,104.11 per month by making the change from Ohio Financial Services to Regence Life and Health. **Savings reflects premium rates in effect as of October 1, 1999 ~ MEMO TO: City Council through City Administrator FROM: Assistant City Engineer through Public Works Director ~ DATE: September 16, 1999 SUBJECT: Easements between Jansen Way and Property to South that Fronts Vanderbeck Lane RECOMMENDATION: That easements through the properties of Maurice W. Buxton and Walter and Betty Snidow be accepted. BACKGROUND: A gravity sewer will be installed through the above referenced easements; this will allow for the abandonment of Jansen Way pump station. The city is building a new pump station on Vanderbeck about 200 feet east of Astor Way. A new gravity line will transmit sewage from Jansen Way Mobile Home Park to the new pump station. This same line will also serve as a collector on one of the streets being built as part of a new subdivision. Also as a point of interest, the new pump station, together with the associated gravity sewer going toward the west on Vanderbeck, will allow for the abandonment of existing Vanderbeck pumping station. DM:lg . .rn tt ^tki- /! v ~ a 1A. ,1J J'1-V'c/ -i/u uI- }. (,v'lJL nu ra ~ -1'-U.- t.. I j .. 't' 17t:U'--u; ~'11.C-U{ aY' ,~ -/lUA.^--- 1"<. IJAf~ t.t(UA- . ~?~ A-<AA...T ~ ((1,,--rt../ .J - U . \ --'/1 (l.. ~'.(_j" '111 ttkJ ,;:.,. ":J.l1'~ r v ,c:.. e;:' <-1 Easements JansenWayPumpSta ~ Sent By: Woodburn Public Schools; 503981 2728; Aug-31 -99 1 :30PM; Page 2/3 For Immediate Release Ballet Folklorico de Puebla. Mexico September 14, 1999 Woodburn High School La Campania de danza regional de Puebla, Mexico (The Regional dance company from Puebla, Mexico) will perform twice at Woodburn High School gymnasium on September 14, 1999. The performances will coincide with the annual Hispanic Heritage month and Latin American Independence Day Celebrations throughout Oregon. The first performance will be for all High School students and the second will be for the community at 7:00-9:00 p.m. in the evening. The dance company is made up of thirty.six dancers and singers. Most are students from Puebla area high schools and post secondary academies. The performance will Include regional colonial dances from Puebla. tribute to the Mexican Revolution, 19th Century Indigenous and mestizo dances as well as the traditional dances from Jaliscol Nayarit, and Coahuila. The event is sponsored by the Mexican Cultural Center of Oregon and the Woodburn Public Schools. For additional Information contact 981.9555 extension 2411, 2712 or 2726 at the District Office. 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III j' .. i i i )0 '" ~ i .. - . i ~ii '" I i 000 I.. i i ~ ~ ~ .. I I , ~ oOPP!O~ ,.. . -l I I li_il. · I tI if .. i 1 8 q,lDW"-~ ill l l ~ij~;1 i - !~~Jij nii UI I 1!-11'!lI ~& IlF 1'1t' REPORT HIGHLIGHTS 1. INTRODUCTORY REMARKS ON PROCESS 2. PROJECT LOCATION & IMPROVEMENT NEED 3. DOES CONSTRUCTION MEET CITY SPECS? 4. DOES THIS IMPROVEMENT BENEFIT OTHER PROPERTIES. INDICATOR: COUNCIL PLACED COST SHARING CONDITIONS ON PROPERTIES PRIOR TO DEVELOPMENTAL APPROVALS 5. WHO FINANCED THE PROJECT CONSTRUC'N? 6. PRIOR COST SHARING CONSIDERATIONS and STANDARD COST SHARING METHODS? 7 . ESTABLISHMENT OF REIMBURSEMENT DISTRICT · PROPER, THEREFORE, COUNCIL APPROVED ORD 2237 8. COST ISSUES AND DISTRIBUTION METHODS STAFF PROPOSAL IN REPORT: NEUTRAL APPROACH FOR PROPERTIES INVOLVED 9. ADMIN FEE & INTEREST RATE ON BALANCE 10. CONCLUDING REMARKS