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Agenda - 08/23/1999 CITY CO¢_IIYCIL A GEIYDA August 23, 1999 - p.m. 270 A4ontgomery Street Woodbum, Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Buildable Lands Committee will meeting on August 30, 1999 at 7:00 p.m. at City Hall ............................................... 3A B. Informational public hearing concerning the formation of a reimbursement district - September 13, 1999, 7:00 p.m. at City Hall. C. Library Board regular meelings are changed to the 2nd Wednesday of every month, at Noon at the Woodburn Public Library. D. Woodburn Public Library new hours (effective September 13,1999) Monday thru Thursday - 10:00 a.m. - 8:00 p.m. Friday and Saturday - 10:00 a.m. - 5:00 p.m. Sunday - 10:00 a.m. - 5:00 p.m. E. The "Music in the Park" series at Library Park ends with a program on Wednesday, August 25 at 7:00 p.m. featuring the Oregon Trail Pitchpipers and the Sweet Adelines. 5. Livability Task Force appointments PRESENTATIONS/PROCLAMATIONS None COMMII~I'EE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. C. Woodburn School District. COMMUNICATIONS A. Grand opening of Nuevo Amanecer~ Phase II ............................. 6_~A BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Approve Council meeting minutes of July 26 regular meeting and August 9 regular and executive meetings .............................. 8A Review Woodburn Library Board minutes of July 28, 1999 and draft minutes of August 11, 1999 .................................... 8B Page 1 - Agenda, Woodburn City Council of August 23, 1999. 11. Ce D. E. F. Review draft Planning Commission minutes of August 12, 1999 ............... 8C Review draft Recreation and Park Board minutes of August 12, 1999 .......... 8D Approve accounts payable check listing for July 1999 ....................... 8E Status Report: Goose Creek Storm Drain Project ........................... 8F TABLED BUSINESS GENERAL BUSINESS Ao Be Council Bill 1983 - An ordinance providing for cross connection control and backflow prevention procedures ....................................... 10A Council Bill 1984 - A resolution entering into an agreement with Salem Area Transit District to secure funds for Dial-A-Ride operating assistance ...... 10B Ce De Ee Fe Ge Council Bill 1985 - Resolution declaring the City of Woodburn's good faith efforts to avoid year 2000 failures, pursuant to the provisions of Senate Bill 268 ...... 10G Council Bill 1986 - Resolution approving a Memorandum of Understanding between the Gity and Marion County concerning Mall 99 justice facility ............... 10D Council Bill 1987- Resolution entering into a professional services agreement with RLM Consulting Services for building inspection services ............... 10E Staff report regarding vacation of street right-of-way (100 foot strip behind Columbia Way ...................................................... 10F Request for sound amplification permit: Farmworker Housing Development Corp. on August 29, 1999 ............................................. 10G Request for sound amplification permit: Woodburn Crossing Shopping Genter on September 15. 1999 .............................................. 10H Request for sound amplification permit: St. Lukes Ghurch on August 29, 1999 ... 10I Request for sound amplification permit: Woodburn Downtown Association on August 31, 1999 ..................................................... 10J PUBLIC HEARINGS Ao Comprehensive Plan Growth Management and Annexation Goals and Policies ........................................ : .......... 1 lA B. Site Plan Review 99-05 - Stein Oil Co ................................... lib 12. PUBLIC COMMENT 13. NEW BUSINESS 14. SITE PLAN ACTIONS 15. CITY ADMINISTRATOR'S REPORT A. Zoning Ordinance revision ............................................ B. Rapid Spanish language classes for City employees Page 2 - Agenda, Woodbum City Council of August 23, 1999. 1SA 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION To consult with counsel concerning the legal fights and duties of a public body with regard to current litigation or litigation likely to be filed, under the authority of ORS 192.660(1)(h). Bo To review the employment-related performance of the City Attorney, under the authority of ORS 192.660(1)0). To consider records that are exempt by law from public inspection, under the authority of ORS 192.660(1}(f). 18. ADJOURNMENT Page 3 - Agenda, Woodburn City Council of August 23, 1999. CITY OF WOODBURN Community Development MEMORANDUM 3A 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: August 19, 1999 CITY COUNCIL AND PLANNING COMMISSIONERS DA VE CHRISTOFF-CHAIR GROW'rH MANAGEMENT COMMITTEE TERESA ENGELDINGER- CITY PLANNER Subject: BUILDABLE LANDS AND URBANIZATION PROJECT The citizen advisory committee is preparing to have a third public meeting on August 30, 1999 at 7:00 PM in the city council chambers. A newsletter has been sent to all residents in the Woodburn planning area. Your attendance at this meeting would be very much appreciated. Attached for your review are the most updated memos from the project consultants. These memos contain information about the supply of land available and the demand based on the various land use categories, demographic and economic trends and housing needs. The committee will have some recommendations on site specific zone changes and how to meet future industrial, commercial, residential and public land needs. C:~vlyFiles~vlemotoPC and CC about BLI meeting 8-30-1999.doc EXHIBIT 3 Woodburn Buildable Lands Summary WlO~9 Gross Subtract iOpen Space minus Subtraction 25% for Gross iWetland (OS) Wetlands for Existing Gross minus Public Net Acres IConstraints ;Designation & OS Structure Subtractions Facilities Buildable Residential (<12 units per acre) Partially Vacant 386.10 7.19 17.93 360,98 38.75 322.23 76,75 245.49 Completely Vacant 374.60 10.97 8.42 355.21 0.00 355.21 74,08 281.14 Redevelopable 8.43 0.00 0.00 8.43 0.00 8.43 0.00 8.43 Subtotal 769.13 18. 16 26.35 724.62 38. 75 685.87 150,82 535,05 Residential ~12 units per acre) Partially Vacant 91.78 8.10 7.75 75.93 5.25 70.68 17.22 53.46 Completely Vacant 97,54 8.14 3.38 86.02 0.00 86.02 21.03 64.99 Redevelopable 2,62 0.00 0.00 2.62 0,00 2.62 0.00 2.62 Subtotal 191.94 16.24 11.13 164.57 5,25 159.32 38,25 121.07 Total Residential 961.07 34.40 37.48 889.19 44.00 845.19 189.07 656.12 Industrial Partially Vacant 81.25 9.86 5.98 65.41 0.00 58.72 15.99 42.73 Partially Vacant (spec. reduct.)* 23.37 4.47 0.00 18.90! 0.00 18.90 4.58 14.31 Completely Vacant 66.32 0.38 0,00 65.94~ 0.00 65.94 15.85 50.08 Redevelopab~e 0.79 0,00 0.00 0.79! 0.00 0.79 0.00 0,79 Total lndustrial 171.73 14.71 5.98 151.04 0.00 144.35 36.43 107.92 Commercial Partially Vacant 49.78 0.00 0.00 49.78 0.0~ 55.11 11.65 43.46 Partially Vacant (spec. reduct.)* 1.48 0.00 0.00 1.48 0.0~ 1.48 0.25 1,23 Completely Vacant 115.57 0.84 0.47 114.26 0.00 114.26 25.87 88.39 Redevelopable 12.88 0.00 0.00 12.88 0.0(~ 12.88 0.00 12.88 To~lBui~dableLand lalZ~OI 49.95 43.931 1218.6~ 44.00 117~.271 263.271 910.00 °A portion of several large commercial and industrial parcels can accommodate additional facilities in the future and are therefore considered buildable. Buildable portions of the lots were determined from aerial photography. Creative Solutions ... Superior Sen,ice 3A PACIFIC g40~ S V, Nm'~hu'~ A,.cnuc Beaverlon. OR t)700~, MEMORANDUM TO: FROM: CC: DATE: FILE #: RE: Keith Liden, McKeever/Morris Chris Eaton, AICP, W&H Pacific, Inc. Jean D'Agostino, W&H Pacific, Inc. Clint Chiavarini Theresa Engeldinger, City of Woodburn Eric Hovee, E.D. Hovee Bill Adams, TGM Program June 25,1999 1229-0301 Technical Memorandum Number 2 Final Summary of the Woodburn Buildable Lands Inventory Task 4.a. and 4.d This memorandum and its attachments contain the results of the Buildable Lands Inventory for the City of Woodburn. This inventory of lands by comprehensive plan designation was conducted in accordance with ORS 197.296 (House Bill 2709) and the "Planning For Residential Growth: A Workbook for Oregon's Urban Areas~" The methodology is detailed in our Technical Memorandum Number 1, which has been revised and refined, and is attached as Exhibit 1. The City reviewed and verified vacant and partially vacant lands by comparing draft maps to aerial photographs. This revised memorandum and the attached Exhibits were revised after further City staff review of the Draft Buildable Lands Map (March 3, 1999 and May 5, 1999). Existing Land Uses There are 3,222 acres within tile City limits of Woodburn, and 4,042 within tile Urban Growth Boundary (UGB). The City's Comprehensive Plan contains six different land use designations: · Low Density Residential (less than 12 units per acre) · ltigh Density Residential (12 units per acre and greater) · Commercial · Industrial · Public · Open Space/Parks Memorandum 3A Page 2 The existing Comprehensive Plan designations are illustrated in Maps included in the CAC packet from December 1998 (updated May 1999). The proportionate share of each designation by acre is illustrated in Figure I and Table I below. Figure 1 Percent UGB by Existing Plan Designation 40%~ 30% ~ 20% 10% 0% Table 1 Acres in the UGB by Existing Comprehensive Plan Designation Low Density Residential 1458 36% High Density Residential 392 10% Commercial 500 12% Industrial 591 15% Public 128 3% Open Space 346 9% 627 15% Summary of Buildable Lands Inventory Out of the 4,042 acres in the UGB, a total of 910, (23 percent) are "Buildable" according to the Buildable Lands Inventory (BLI). The BLI uses a Geographic Information System (GIS) and Marion County Tax Assessor data to identify vacant lands and other lands that can be considered as developable. The BLI is a database that starts with gross vacant lands and subtracts land that is environmentally constrained, and Memorandum 3A Page $ subtracts land needed for future public facilities such as road right-of-way. The BLI also considers tax lots that are greater than one-half acre and have a structure since those tax lots may be partitioned or subdivided further -- these are called "partially vacant". Finally, the BLI adds lands that are likely to redevelop due to a structure whose value is very Iow compared to the value of the land. The Buildable Lands Inventory Map is attached as Exhibit 2. As the BLI Map illustrates, there are several large vacant or partially parcels outside the City limits within the UGB. These parcels are mostly Iow density residential, with some vacant commercial along Interstate 5 and in the northeast comer of the UGB. Vacant and partially vacant industrial lots are located along Woodbum-Hubbard Road (Front Street). The BLI Map also shows parcels with low improvement to land ratios, most of these lots are located in downtown Woodbum or between Front Street and Highway 99E. Finally, the BLI identified 106 residential parcels as having "infill potential". This means that they could be further partitioned and additional units constructed. The housing needs analysis and base case scenario considers the infill lots and the potential units in the analysis of future partitioning based on the City's partition history. There are 910 net buildable acres within the Woodbum UGB. The breakdown by acre of net buildable acres is listed in Table 1 with illustration in Figure 2 below: Table 2 Acres of Buildable Lands by Comprehensive Plan Designation Low Density Residential (< 12 units/acre) 535 59% High Density Residential (_> 12 units/acre) 121 13% Industrial 108 12% Commercial 146 16% Figure 2 Percent Buildable Lands by Plan Designation 59% 13% 12% 16% · LDR · HDR [] Commercial [~ Industrial Buildable Lands Inventory Details As noted above and detailed in Exhibit 1, the net buildable land acreage figure is obtained by starting with gross acres and removing acres for environmentally constrained lands, existing residential structures, and future public facilities. Then land is added to account for areas that are likely to redevelop. It is Memorandum 3A Page 4 Important lo understand that thc BI.I ~s a model of what mtght happen - it is not meant to predict precisely what will occur Tins type of analysIs lsan acknowledged method to determine the amount of ]and available ibr development over a planning period (20 .',,cars) and specifically examine the need (or lack of need) for local govcmmentstocxpandthcir UGB. Thc actual BLI tables of parcel-lcvcl data arc attached as l;xhd, l~ i Thc following slcps illustrate \Voodburn's Bf.1 for each comprehensive plan designation: Step1: Determine Gross Vacant Lands for each designation l.ow l)cnsW,' Rcsidcnnal (I.DR/ tt~gh I)mmllV Rcsldcnnal (tti)P.) Induslnal Commercial 769 192 172 180 1.313 Step 2: Subtract environmentally constrained lands Low Density Residential (LDR) High Density Residential (ttDR) Industrial Commercial Subtotal land removed for environmental constraints 18 16 15 1 Step 3: Subtract Open Space Designated lands Low Density Residential (LDR) High Density Residential (HDR) Industrial Commercial Subtotal land retnoved for environmental constraints 26 11 6 0.5 44 Step 4: Subtract land for existing structures (residential only) Low Density Residential (LDR) High Density Residential (HDR) Industrial Commercial Subtotal of/and removed.for existing residenttal uses 39 5 0 0 44 Step 4: Subtract land for future public facilities Low Density Residential (LDR) High Density Residential (HDR) Industrial Commercial Subtotal of land removed.fiJr future pubhc facilmcs 151 38 36 38 263 Step 5: Add land that is developed but is likely to redevelop Low Density Residential (LDR) High Density Residential (HDR) Industrial Commercial Subtotal of land added for redevelopment 8 3 1 13 25 TOTALS Low Density Residential (LDR) lligh Density Residential (Itl)P,) Industrial Commercial Total net buddabh' acrc.~ 535 121 108 146 910 Memorandum Page 5 3A Exhibits Exhibit 1. Exhibit 2. Exhibit 3. Final Buildable Lands Inventory Methodology Buildable Lands Inventory Map (11 x 17 Color) Buildable Lands Inventory Data Tables Woodbum Buildable Lands Summary Completely Vacant Land Partially Vacant Land Partially Vacant Land Supplement -- Commercial/Industrial Redevelopable Land Infill Potential Option 1 - Open Space alternative Exhibit 4 Clarification of Woodbum Buildable Lands Inventory (BLI) E. D. Hovee & Company Economic and Development Services MEMORAND UM To: From: Subject: Date: Keith Liden, McKeever Morris Inc. Denise Whitney & Eric Hovee Base Case Memorandum Task 5.b June 28, 1999 This Base Case technical memorandum comprises the work elements of Task 5.b of the Woodbum Buildable Lands and Urbanization Project. The purpose of this task is to provide an analysis of residential, commercial, industrial and public land needs to the year 2020 if past trends Continue. Qualifications & Limitations The profile has been prepared for the City of. Woodbum and the Oregon Department of Transportation's Transportation Growth Management (TGM) program by the economio and d~velopment consulting firm E.D. Hovee & Company as subconsultant to McKeever Morris Inc. Observations and findings are those of E.D. Hovee & Company and should not be construed as representing the opinion of any other party without that party's express endorsement, whether in whole or in part. Organization of Memorandum The remainder of this memorandum is organized to cover the following topics: Housing and Residential Land Needs Analysis · Commercial and Indusl~ial Land Needs · School Facilities and Land Needs · Woodburn Land Demand & Capacity Summary Housing and Residential Land Needs Analysis Between 1998 and 2020 the Woodburn population is forecast to increase by over 9,700 residents. Assuming the proportion of Woodbum's population living in group quarters stays at the 1990. level of 3.65%, over 350 of these'residents could reside in group quarters. Pophlations in group quarters do not represent potential demand for individual housing units. internet: www.edhovee.com · e-mail: edhovee@edhovee.com 951 Officers Row · P.O. Box 225 · Vancouver, WA 98666 (360) 696-9870 · (503) 230-1414 · Fax (360) 696-8453 100% ~ec),cled If the trend of an increasing Hispanic population, with larger than average household sizes continues, and reflects the 1970 to 1994 average compound increase in size, by 2020 the average household size in Woodbum could reach 3.06 persons. At an average household size of 3.06 persons the remaining population (those not in group quarters) would require over 3,050 new housing units.~ If future housing construction mimics recent development trends, the majority of the added 3,052 dwelling units (951) would be attached single and multi-family housing. Single family site-built housing would account for 940 units; manufactured/mobile housing in subdivisions would account for 734 units, and mobile homes in parks would account for 427 units. Figure 1. Implied Residential Demand by Structure Type Potential % Percentage Permits from Distribution Distribution of Unit Type Distribution 1990 1988-1997 Added Units 2020 3A Single-Family Manufactured/Mobile Home Manufactured/Mobile Home in Park Plex and Apartment Other Total Government Subsidized Source: E.D. Hovee & Company. 69% 31% 940 51% 10% 24% 734 15% N/A 14% 427 8% 20% 31% 951 26% 1% 0% 0 1% 100% 100% 3,052 100%. 3o5-4~o lo%-15% As of 1997, assisted/special housing units and vouchers accounted for approximately 10% of the housing supply within the Woodbum city limits (366 assisted/special housing units and 254 housing vouchers - out of approximately 6,067 housing units). Property management and Willamette Valley Multiple Listing Service contacts made by E.D. Hovee & Company provided housing affordability information. When combined with income data for the Woodburn zip code, the information indicates that approximately 15% of Woodbum zip code households are unlikely to be able to afford market rate housing (see Figure 16 of the Housing Needs Analysis memo). Depending on whether current assistance numbers or income is used as an indicator, 305-460 additional government subsidized housing units or vouchers will need to be made available to Woodburn residents by the year 2020. If the 3,052 units added between 1998 and 2020 are built at the same average net density as similar units constructed between 1988 and 1998, nearly 458 net acres of residential land will be needed. ' Assumptions about household size have a dramatic effect upon this projection. For instance, if the average household size in Woodbum were to remain at its 1994 level (2.83 persons), the number of new units required would increase by nearly 380 units to a total of 3,430. E.D. Hovee & Company for City of Woodburn Base Case Memorandum Page 2 Figure 2. Unit Type Estimated Residential Unit and Land Demand to 2020 by Structure Type Potential Distribution Avg. Net (Units) Density Net Acreage Single-Family Manufactured/Mobile Home Manufactured/Mobile Home in Park Plex and Apartment Total Source: E.D. Hovee & Company. 940 5.46 177.2 734 4.28 171.5 427 7.75 55.1 951 16.18 58.8 3,052 6.79 457.6 If the new units are built within roughly the same Comprehensive Plan designation distribution as similar units constructed between 1988 and 19982, approximately 340 net acres of low density residential land and 117 net acres of high density residential land would be needed. Figure 3. Estimated Residential Land Demand to 2020 by Comprehensive Plan Zone Comp. Plan Residential Zoning Low Density High' Density Unit Type (acres) (acres) Single-Family Manufactured/Mobile Home Manufactured/Mobile Home in Park Plex and Apartment Total Source: E.D. Hovee & Company. 177.2 0 168.1 3.4 0 55.1 0 58.8 340.3 117.3 The buildable lands analysis provided by W&H Pacific suggests there is more than sufficient residential land to accommodate 3,052 added units at the average net densities of recent development. In fact, excess capacity (approximately 206.3 acres) exists, primarily in low density residential zoning. Figure 4. Estimated Residential Land Availability & Demand Comprehensive Plan Net Buildable Residential Zoning Acres Estimated Excess Land Demand Capacity Low Density (RS) 535.0 340.3 194.7 High Density (RM) 121.1 117.3 3.8 Total 656.1 457.6 198.5 Source: E.D. Hovee & Company. In addition, when potential residential infill development to the year 2020 is accounted for (assuming 30% of all possible infill parcels actually develop additional units), excess capacity 3A 2 With the exception of manufactured/mobile homes in parks, which are not allowed in the low density residential zone. E.D. Hovee & Company for City of Woodburn Base Case Memorandum Page 3 for another 74 housing units is identified. Again, the majority of this excess capacity (approximately 72%) would occur in low density residential zoning. Commercial and Industrial Lands Needs The available building permit data does not allow determination of commercial or industrial land absorption. Buildings are added to a particular piece of ground at different times, and no indication is provided of land build-out. In addition, not all permits list site sizes. A better indicator of commercial and industrial development is the square feet of building space constructed. The following lands needs estimates are based on gross average annual commercial and industrial space constructed between 1988 and 1998, and site coverage ratios illustrated by recent projects. The Woodburn Company Stores Outlet Mall is currently under construction. At build-out the mall will include nearly 245,000 square feet of retail space on 32 acres. Equivalent to a site coverage ratio of approximately 20%, this ratio is used to determine commercial land needs. The 916,000 square foot WareMart/Winco Foods distribution center is located on 88 acres. Build-out is expected to result in an additional 70,000 to 100,000 square feet of building space. Equivalent to a site coverage ratio of approximately 25%, this ratio is used to determine industrial land needs. Approximately 64,200 square feet of commercial construction occurred annually from 1988 through 1997. If this rate of construction were to continue to 2020, approximately 1.35 million square feet of added commercial space would be built. At a site coverage ratio of 20%, 1.35 million square feet would require nearly 155 net acres ofbuildable land. Figure 5. Estimated Commercial Land Demand Estimated Gross Commercial Construction 1988-1997 (SF) 642,000 Average Annual Commercial Construction (SF) 64,200 Estimated Commercial ConsWaction to 2020 (SF) 1,348,200 Projected Commercial Site Coverage (%) 20% Estimated Commercial Land Demand (acres) 154.8 Source: E.D. Hovee & Company. Nearly 290,300 square feet of industrial space construction occurred annually from 1988 to 1997. If this rate of construction were to continue to 2020 approximately 6.1 million square feet of added industrial space would be built. At a site coverage ratio of 25%, 6.1 million square feet would require nearly 560 net acres of buildable land. E.D. Hovee & Cornpany for City of Woodburn Base Case Memorandum Page 4 Figure 6. Estimated Industrial Land Demand Estimated Gross Industrial Construction 1988-1997 (SF) 2,902,700 Average Annual Industrial Construction (SF) 290,270 Estimated Industrial Construction to 2020 (SF) 6,095,670 Projected Industrial Site Coverage (%) 25% Estimated Industrial Land Demand (acres) 559.7 Source: E.D. Hovee & Company. The buildable lands analysis provided by W&H Pacific suggests there is neither enough commercial nor industrial land to accommodate development at recent rates, but rather a capacity shortage of approximately 461 net acres exists. Most of this shortage occurs in industrial land. Figure 7. Comprehensive Plan 1Net Buildable Estimated Capacity Residential Zoning Acres Land Demand Shortage Estimated Commercial & Industrial Land Availability & Demand Commercial 146.0 154.8 (8.8) Industrial 107.9 559.7 (451.8) Total 253.9 714.5 (460.6) Note: Source: Assumes all commercial consmaction, develops at suburban retail density (comparable to the Woodburn Company Stores Outlet Mall). E.D. Hovee & Company. SchOol Facilities and Lands Needs Actual building space per student for the Woodbum school district (at regular capacity) is estimated at 150 square feet. The approximate site coverage ratio for these facilities is 9%. If one assumes students will represent the same proportion of the Woodbum population 20 years from now (when the children of the echo boom generation would be in school) as they did in 1998, total enrollment in the Woodbum School District would reach roughly 5,900 students -- approximately 1,875 more students than current regular capacity can support. These additional students would require approximately 281,250 more square feet of school facility space. At a site coverage ratio of 9%, 281,250 square feet of school facility space would require nearly 72 net buildable acres. This need could potentially be accommodated within the excess low density residential land (since schools are a conditional use). 3A E.D. Hovee & Company for City of If oodburn Base Case Memorandum Page 5 Figure 8. Estimated School Facility Land Demand Building SF Per Student at Regular Capacity 1501 Student Proportion of Total Population 1998 22% Forecast Population 2020 26,2901 Estimated Enrollment 2020 5,900 Current Regular Capacity 4,025 Potential Enrollment Above Capacity 1,875 Estimated Added Building Space Needed (SF) 281,250 Projected School Building Site Coverage (%) 9% Estimated School Facility Land Demand (acres) 71.7 Note: The site coverage ratio is based on existing school facilities (excluding vacant property in holding). Source: E.D. Hovee & Company. Woodburn Land Demand & Capacity Summary The Base Case analysis indicates there may be demand for nearly 1,244 acres of buildable land within the Woodbum Urban Growth Boundary (UGB) to the year 2020 if past trends continue. This exceeds the buildable land estimate by approximately 334 acres. Figure 9. Woodburn Land Demand & Capacity Summary (Acres) Estimated Buildable Capacity Excess Comprehensive Plan Designation Demand Land or (Shortage) 3A Low Density Residential ' 340.3 535.0 194.8 High Density Residential 117.3 12 I. 1 3.8 Commercial 154.8 146.0 (8.8) Industrial 559.7 107.9 (451.8) School Facilities (Public or Residential) 71.7 N/A N/A Total 1,243.8 910.0 (333.8) Source: E.D. Hovee & Company. The land shortages occur in the commercial and industrial categories, while excess capacity exists in the residential designations. The excess residential land capacity is sufficient tO cover estimated school facility land needs over the 20+ year period. Determination of the likelihood of the continuation of recent development trends is necessary to provide a reality check for this Base Case analysis. E.D. Hovee & Company for City of Woodburn Base Case Memorandum Page 6 ' E. D. Hovee & Company Economic and Development Services MEMORANDUM To: From: Subject: Date: Keith Liden, McKeever Morris Inc. Denise Whitney & Eric Hovee Demographic, Economic, and Recent Development Trends Memorandum Tasks 3.c, 4.b, 4.d.2, and 4.d.3 June 28, 1999 Introduction This Demographic, Economic, and Recent Development Trends technical memorandum combines the work elements of Tasks 3.c, 4.b, 4.d.2, and 4.d.3 of the Woodbum Buildable Lands and Urbanization Project.'The purpose of these tasks is to provide a profile of the demographic and economic context and recent development trends (based on permit data) of the City of Woodbum. This information will be used as a basis for subsequent tasks. Qualifications & Limitations The profile has been prepared for the City of Woodbum and the Oregon Department of Transportation's Transportation Growth Management (TGIVO program by the economic and development consulting firm E.D. Hovee & Company as subconsultant to McKeever Morris Inc. Observations and findings are those ofE.D. Hovee & Company and should not be construed as representing the opinion of any other party without that party's express endorsement, whether in whole or in part. Organization The remainder of this memorandum is organized to cover the following topics: · Demographic & Economic Trends · Recent Development Trends interact: www.edhovee.com · e-mail: edhovee@edhovee.com 951 Officers Row · P.O. Box 225 · Vancouver, WA 98666 (360) 696-9870 · (503) 230-1414 ° Fax (360) 696-8453 100% recycled Demographic & Economic Trends ,,\ rcvic~ ofdc~uo~raphic m~d economic trends and projccth~n~ In some inst:mccs, thc \Voodburn ×ip code (97071) m-ca is rclkrrcd to 'as rcccnt demographic crud (~crvais (xxhich has its own zip code and is excluded from the Woodburn zip code area). Figure 1. :St_ b97t37 VVoodburn Zip Code Map c. 2 cl 3A Source: American Factfinder. Population As of 1998, the Center for Population Research and Census at Portland State University estimates the population of the City of Woodburn at nearly 16,600, accounting for over 6% of the Marion County population. Woodburn's population is forecast to reach 26,290 residents as of the year 2020, increasing to 7% of Marion County's expected population. Figure 1. Area Population Trends (1970-2020) 1970 1980 1990 1998 2020 Woodbum 7,495 11,196 13,404 16,585 26,290 Marion County 151,309 204,692 228,483 271,900 378,208 Oregon 2,091,533 2,633,156 2,842,321 3,267,550 4,326,000 Source: U.S. Census Bureau, Portland State University Center for Population Research and Census, Oregon Office of Economic Analysis. E.D. Hovee & C'ompanyfor City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 2 3A From 1990 to 1998, population within the incorporated city limits increased by nearly 24% or an average annual compound growth rate of 2.7%. This is a significantly higher growth rate than the previous decade (1980-1990) at 1.8%, but not as high as average annual growth occurring in the 1970s (at 4.1%). Between 1990 and 1998, the countywide population increased by over 43,400 residents (a 19% increase or an average annual compound growth rate of 2.2%). Like Woodburn, the highest level of recent growth in Marion County occurred in the 1970s (at an average annual rate of 3.1%), followed by a more moderate pace of growth (1.1%) in the 1980s. Figure 2. Area Woodbum Marion County Oregon Source: Average Annual Compound Population Growth Rates 1970-1980 1980-1990 1990-1998 1998-2020 4.1% 1.8% 2.7% 2.1% 3.1% 1.1% 2.2% 1.5% 2.3% 0.8% 1.8% 1.3% U.S. Census Bureau, Portland State University Center for Population Research and Census, Oregon Office of Economic Analysis, E.D. Hovee & Company. Marion County population growth rates have been consistently higher than the state average since 1970 and growth rates for Woodbum have tended to be higher than growth rates either county- or state-wide. Consistent with these historic trends, the forecast average annual growth rates for Woodburn and Marion County over the 22-year period from 1998 to 2020 are expected to be 2.1% and 1.5% respectively compared to the statewide rate of 1.3%. ttousehold Size Household' size trends along with other characteristics such as income and age of householder are especially significant for addressing the short and long-term housing needs of a community. These characteristics are the major determinants in housing type choices. National and regional trends have generally involved decreasing average household sizes. Some national exceptions to this trend occurred in the late 1950s and early 1960s and again in the 1990s when average household size increased temporarily. The average household size of Marion County residents has been consistently smaller than the national average, and until 1990, the average household size in the City of Woodburn was lower than that of Marion County. However, beginning in 1990, the average household size in Woodbum has been on the rise, increasing from 2.51 persons in 1980 to 2.83 in 1994. Figure 3. Average Household Size (1970-1994) Area 1970 1980 1990 1994 Woodburn 2.63 2.51 2.70 2.83 Marion County 2.97 2.63 2.60 N/A National 3.14 2.76 2.63 2.67 Source: U.S. Census Bureau and Portland State University, Center for Population Research and Census Woodburn Population Enumeration. E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 3 This counter-trend may be attributable, in part, to an increasing proportion of Hispanic residents. The average size of Hispanic households in Woodburn typically has been larger than the City's overall average household size. The average household size for Woodbum residents of Hispanic origin in 1980 was 4.28 people, increasing to 4.70 people in I990. Race & Ethnic Origbt The proportion of Hispanic residents in Woodburn as of 1990 was significantly higher (at nearly 32%) than either the county or statewide averages (at 7.6% and 3.9% respectively). Woodbum in 1990 was also more racially diverse as a whole (in terms of the proportion of non-white residents), but had its primary minority representation in the "other race" category. Figure 4. Race & Ethnic Origin (1990) Marion Race Woodburn County Oregon White 79.4% 91.5% 92.8% African American 0.5% 0.9% 1.6% American Indian, Eskimo, or Aleut 0.4% 1.5% 1.5% Asian or Pacific Islander 0.1% 1.8% 2.4% Other Race 19.6% 4.3% 1.7% Total 100.0% 100.0% 100.0% Hispanic Origin* 31.5% 7.6% 3.9% *Note: Persons of Hispanic origin may be of any race: Source: U.S. Census Bureau.- CACI Inc., a national statistical estimating/forecasting comPany,, provides an annual estimate of race and ethnic origin distributions for zip code areas. The Woodburn zip code (97071) area encompasses more than the city alone and was somewhat less racially diverse than the city in 1990. This data source indicates that the proportion of Hispanic and other race residents in the zip code increased significantly between 1990 and 1998. Figure 5. Woodburn Zip Code Race & Ethnic Origin (1990-1998) Race 1990 1998 White 83.3% 77.7% African American 0.4% 0.4% Asian or Pacific Islander 0.5% 0.6% Other Race 15.8% 21.3% Total 100.0% 100.0% Hispanic 25.5% 35.2% Data is for the 97071 zip code. CACI, Inc. Note: Source: This data clearly suggests that the proportion of Hispanic residents in Woodburn has likely increased significantly in recent years since the last decennial census. It is noted that Woodburn School District enrollment statistics indicate Hispanic students accounted for nearly 61% of total enrollment as of fall 1998 -- a proportion greater than that of the general population. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 4 Age of Population As of 1990, the City of Woodbum had a higher proportion of children, adolescents and seniors than was typical for Marion County and Oregon as a whole. County and statewide there was a much higher proportion of residents ages 25-64. This reflects both the trend of larger than average size Hispanic families and senior-focused housing subdivisions in the City of Woodbum. Figure 6. Age Group Age Distribution (1990) Woodburn Marion County Oregon 0-17 27.1% 26.4% 25.5% 18-24 9.3% 9.5% 9.2% 25-44 23.0% 31.7% 32.8% 45-64 13.6% 18.0% 18.7% 65+ 27.0% 14.4% 13.8% Total 100.0% 100.0% 100.0% Source: U.S. Census Bureau. The 1994 Woodburn Population Enumeration conducted by the Portland State University Center for Population Research and Census indicates that since 1990 growth in younger populations has resulted in higher representation of all groups except those 65 and over. Age of Householder Householders are the persons in the household who make the decision about where to live. This information is useful in determining both current and future housing needs. In 1990, Woodburn had a much higher proportion of householders 65 and over and lower proportions of householders age 25 to 64 than the rest of Marion County. However, as mentioned previously, growth in younger populations (since 1990) has resulted in higher age distribution representation of all age groups except those 65 and over. This suggests an emerging need for housing targeted to younger families/households. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 5 Figure 7. Age of Householder Distribution (1990) / / / / 45.0%- 40,0% 35.O% 30.0% 25.0% 20.0% 15.0% 10.0% 5.O% 0.0% Source: U.S. Census Bureau. Under 25 25-44 45-64 65+ lE]Woodburn j Marion CountyJ Employment by Place of Residence As of the 1990 census, Woodbum residents were most likely to be employed in the services, manufacturing, or wholesale/retail trade sectors. Combined these sectors accounted for nearly 73% of the employed population. These were also the top three employment sectors for residents throughout Marion County. However, Woodbum residents were more likely to be employed in manufacturing (25%) than average for the employed population of Marion County (14%), as was true for employment in agriculture (12% in Woodbum compared to 6% countywide). Figure 8. Industry Sector Employment by Place of Residence (1990) Marion Woodburn County Agriculture, Forestry, and Fishing Mining & Construction Manufacturing TCPU Wholesale & Retail Trade FIRE Services Public Administration Total Source: U.S. Census Bureau. 12.0% 6.4% 4.6% 6.1% 24.9% 13.8% 3.2% 4.7% 22.2% 21.0% 3.7% 6.1% 25.6% ,32.1% 3.7% 9.8% 100.0% 100.0% Employment by Place of Work Information on employment byplace of work is provided through records of employees covered by unemployment insurance. 3A ED. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 6 As of 1997, Marion County had over 7,645 firms with a total of nearly 123,000 employees. Government was the largest employment sector for the county providing approximately 30,400 jobs, followed by the services sector at nearly 27,000, retail trade with 21,400 jobs, and manufacturing at almost 15,300 jobs. Figure 9. Industry Sector Marion County Employment Trends (1990-1997) 1997 Avg. Wage Firms Jobs per Job Firms Change 1990-1997 Inflation Adjusted Jobs Avg. Wage per Job 3A Agriculture, Forestry, Fishing 481 8,738 $14,745 87 Mining 10 231 $44,508 5 Construction 1,142 6,796 $31,939 483 Manufacturing 450 15,287 $28,098 32 Food Products 55 4,628 $22,559 6 Lumber & Wood Products 93 3,657 $30,627 -12 Printing & Publishing 66 959 $27,247 1 Fabricated Metal Products 46 1,592 $30,385 5 Industrial Machinery & Equip. 52 690 $28,203 14 Other Manufacturing* 138 3,761 $31,686 18 TCU 249 3,230 $29,980 37 Wholesale Trade 439 3,653 $30,055 48 Retail Trade 1,338 21,377 $15,908 122 FIRE 685 5,347 $29,389 168 Services 2,560 26,983 $22,114 543 Government 224 30,728 $31,652 -20 Nonclassifiable 67 138 $22,374 42 Total Note: Source: 1,993 -$272 171 $7,799 2,629 $2,054 1,989 -$345 717 -$558 438 -$1,660 -189 -$67 373 -$216 125 -$2,963 525 -$7,149 598 -$1,468 -149 -$2,345 3,634 $756 559 $909 7,039 $149 2,891 $420 85 $6,260 7,645 '122,508 $24,994 1,547 21,439 $4 TCU stands for transportation, communications and utilities. FIRE stands for f'mance, insurance, and real estate. Oregon Employment Division. Information is provided for employees covered by unemployment insurance. Over the 1990-1997 period the largest job increases were in the services sector, which added over 7,000 positions. Retail trade added 3,600 jobs, followed by government (+ 2,900 jobs) and construction (+2,600). Wholesale trade and printing & publishing manufacturing saw the only contraction in the number of local jobs with net losses in this seven-year period of close to 150 and 190 positions respectively. Services has led in the number of new firms added to the Marion County economy (+543) during the 1990s, followed closely by construction (+ 483 new finns). Retail trade and finance, insurance and real estate (FIRE) each added over a hundred new enterprises. Only two sectors showed a net loss of businesses, lumber and wood products manufacturing (at -12) and government (-20). As of 1997, the average annual wage per job countywide was almost $25,000. The highest average wages were found in mining ($44,510), followed by construction ($31,940), other manufacturing ($31,690), and government ($31,650). E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 7 Average wage per job (for all employment in inflation-adjusted dollars) increased marginally by 54 fi-om 1990 to 1997. Major losses in inflation-adjusted earnings occurred in "other" manufacturing (-$7,150), industrial machinery and equipment manufacturing (-$2,960), wholesale trade (-$2,350) m~d lumber and wood products manufacturing (-$1,660). The largest reported increase occurred in mining (+$7,800), followed by nonclassifiable jobs (+$6,260) and construction (+$2.050). .'\s ot' 1997, thc \Voodburn zip code area had nearly 530 firms with a total of over 7,830 employees. Manufacturing was tl~e largest employment sector providing approximately 2.075 jobs, followed by retail trade at over 1,T90.jobs, tiao services sector at nearly 1,430, and agriculture at 1.380 jobs Figure 10. Industry Sector Woodburn Zip Code Employment (1997) Firms Jobs Agriculture, Forestry 60 1,380 Mining 0 0 Construction 88 351 Manufacturing 35 2,075 Food & Kindred Products 5 901 Lumber & Wood Products 9 858 Other Manufacturing 21 316 TCU 20 256 Wholesale Trade 24 120 Retail Trade 117 1,791 FIRE 36 192 Services 137 1,428 Government 2 235 Nonclassifiable 9 6 Total 528 7,834 Note: TCU stands for transportation, communications real estate. SeLl[Ce: Avg. Wage $14,629 $28,029 $24 633 $22 322 $24 708 $31019 $28 413 $24 387 $15 ;}66 $18,252 $19,476 $19,821 $11,799 $19,911 and utilities. FIRE stands for finance, insurance, and Oregon Employment Division. Information is provided for employees covered by unemployment insurance. The average annual wage per job for the Woodbum zip code was over $19,900. The highest average wages were found other manufacturing ($31,020), followed by transportation, communications and utilities (TCU) ($28,410), and construction ($28,030). Major Employers The top ten employers in the City of Woodburn include a variety of public and private organizations. Agripac, which processes fruits and vegetables, employs up to 1,430 people in peak season and 430 in off-peak months. Woodburn School District has 380 employees. 3A E. D Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 8 Figure 11. Firm Top 10 Employers in Woodburn Product/Service Employment Agripac WareMart/Winco Foods Woodburn School District Conr6y Packing Company Fleetwood Homes Wal-Mart Silvercrest Industries Inc. Wholesale Hardware Inc. City of Woodburn K-Mart Source: Food Processing 430/1,430 peak Distribution Center 507 School District 380 Food Processing 275 Manufactured Homes 230 Discount Retail 176 Manufactured Homes 161 Wholesale Hardware Distribution 120 Government 98 Discount Retail 80 Salem Economic Development Corporation (SEDCOR), E.D. Hovee & Company employer contacts, and City of Woodburn. The 916,000 square foot WareMart/Winco Foods distribution center currently employs over 500 persons and services 32 stores throughout the region. New stores continue to be opened with replacement stores for Eugene~ Oregon and Napa, Idaho due to come on line in the next two months. Employment opportunities at the Woodbum center are slated to continue to increase in support of other new store additions until facility capacity (590 jobs in nearly 1 million square feet) is reached sometime in 2004. Agripac Inc. recently filled Chapter 11 bankruptcy. However, the two plants in Woodbum have reportedly been purchased and impacts on employment are expected to be minimal. It should be noted that the J.M. Smucker Company, producer of berry jams and purees has a peak season employment level of 550, but did not make the top ten list because off-peak employment drops to 60 persons. The Woodburn Company Stores outlet mall is under construction w/th completion expected in July 1999. This retail facility is expected to employ 700 to 750 persons upon build-out of the nearly 245,000 square feet of retail space. Jobs to Households Balance One way to evaluate employment opportunities in a community is to determine the average number of jobs available in the area for each household. As of 1990, there were approximately 3,924 jobs (average annual covered employment) for the 6,011 households within the Woodburn zip code - or 0.65 jobs per household. By comparison, there were 1.19 jobs per household statewide. However, there were more Woodbum zip code residents employed than there were local jobs. Approximately 1.06 persons per household were working. This suggests that, on average ,up to 2,474 zip code residents may have been employed outside the area. Employment within the Woodburn zip code nearly doubled between 1990 and 1997/98. The area population grew more slowly. As a result, the jobs to household ratio increased significantly (from 0.65 to 1.01 jobs per household). Statewide, the number of jobs per household is roughly the same in 1997/98 as it was in 1990. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 9 Woodburn Zip Code (97071) Jobs/Household Balance Item 1990 1997/98 Average Employment 3,924 7,834 Peak Employment 5,009 9,794 Employment Low 3,023 6,710 Households 6,011 7,743 Jobs/Households Ratio 0.65 1.01 E~nployed Residents per Household* 1.06 N/A *Note: This is from U.S. Census Bureau data only and reflects the number of zip code residents who are employed anywhere. Source: 1990: U.S. Census Bureau and Oregon Employment Department, 1997/98: CACI Inc. and Oregon Employment Department. IttCOl~te There are several ways to discuss income. The results of the 1994 Woodburn Population Enumeration, which provides data on 1993 family incomes by family size, are described in this section. Household income trends will also be addressed in the Housing Needs Analysis memorandum. Figure' 12. Woodburn Family Income by Size of Family (1993) Source: 50.0%- 45.0%- 40.0%- 35.0%- 30.0%- 25.0% - 20.0% 15.0% 10.0%- 5.0% - 0.0% , Less than $12,151 $12,151 to $25,000 $25,001 lo $36,650 $36,651 or more [[3 1-2 Persons [] 3-4 Persons [] 5+ Persons] City of Woodbum. As of 1993, both the smallest (1-2 person) and the largest (5+ person) Woodbum families were most likely to be in the $12,151 to $25,000 income category (second lowest). One to two person families were predominant in the $25,001 to $36,651 income category. Three to four person families were most likely to be in the lowest income group of $12,151 and under and in the highest income group of $36,651 and over. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 10 In effect, this chart reveals an important counter trend in the Woodbum market. Typically, larger families tend to have somewhat higher incomes than families with fewer members. However, in Woodburn the overall pattern is less clear. The largest families tend to be most prevalent in a low to moderate income category. Recent Development Trends Development trends addressed in this section cover housing, commercial and industrial space, as well as school district facilities added in the City of Woodbum over the 1 O-year period from 1988 through 1997. Housing Development Specific housing development characteristics addressed include unit type and mix, net density by housing type, estimated net acres developed and net acreage by comprehensive plan designation. This trend information is based on data provided by the City of Woodburn. The sometimes- incomplete building permit records required making assumptions in some cases to complete the calculations. Between 1988 and 1998, approximately 1,280 new housing units were permitted within the City of Woodbum. The majority (394) were traditional single family units, followed by manufactured/mobile homes on lots (308), and multi-family units in buildings with seven or more units (286). Single family housing was developed at an average density of 5.46 units per net acre, slightly more dense than manufactured/mobile units on lots (at 4.28) but less 'dense than manufactured/mobile units in parks (at 7.75). In terms of attached housing, multi-family structures of seven or more units provide the densest housing at an average of 23.61 units per net acre, followed by duplexes at 15.30 units and 3-6 unit buildings at nearly 7 units per net acre. The actual density of all 3-6 unit buildings may be different. Limited site size data was provided on 'these buildings. Figure 13. Woodburn Housing Building Permits (1988-1997) Avg. Units/ Estimated Unit Type Units Net Acre Net Acres Single Family 394 5.46 72.2 Manufactured/Mobile Home 308 4.28 72.0 Manufactured/Mobile Home Park 179 7.75 23.1 Duplex 22 15.30 1.4 Multiplex (3-6)* 91 6.98 13.0 Multifamily (7+ units) 286 23.61 12.1 Total 1,280 6.79 193.8 Note: Source: *Very few records for developments of this size include site size data. The sample size for net density is 15 of the 65 units. City of Woodbum and E.D. Hovee & Company. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 11 Approximately 194 net acres were absorbed by permitted housing development (based on average net densities). Breaking-out net acreage into Comprehensive Plan zones the majority of housing was permitted on single family residential land (146.0 acres) with the remaining allocated to multi-family residential land (47.8 acres). Figure 14. Comprehensive Plan Designation Single Family Residential (RS) Multi-Family Residential (RM) All Zones Estimated Acreage by Plan Designation Estimated Net Acres 146.0 47.8 193.8 Source: City of Woodburn and E.D. Hovee & Company. In effect, 75% of residential development has occurred within areas designated for low density residential use in the Comprehensive Plan. Commercial and Industrial Development Limitations of the data available do not allow determination of land absorption. Buildings may be added to the same piece of ground on different years, and no indication is provided of land build-out. In addition, not all permits list site sizes. A more reliable indicator of commercial and industrial development is the square feet of building space permitted. Figure 15. ' Gross Commercial and Industrial Development Permitted Comp. Plan Designation .Permit Type (SI*) Commercial Industrial Commercial 642,000 2,218,800 Industrial None 683,900 Total 642,000 2,902,700 Note: Eight records provided had no information regarding building size. Source: City of Woodburn and E.D. Hovee & Company. Between 1988 and 1997, over 2.9 million square feet of documented industrial space has been constructed. Approximately 642,000 square feet of commercial space was constructed over the same 10-year period. School Building Development In 1997, the district opened two new schools: Heritage Elementary and Valor Middle School. Between 1988 and 1998, over 236,000 square feet of school facility building space was permitted. Most was a 140,000 building developed on single family residential land. The remainder (96,000) was developed on public land. 3A E.D. Hovee & Company for City of lTr' oodburn Demographic, Economic and Recent Development Trends Memorandum Page 12 Figure 16. Comp Plan Designation Single Family Residential Public Total Note: Source: Woodburn School District Facility Development Permitted Building Space (SF) 140,000 96,364 236,364 Four of 14 records provided had no information regarding building size. City of Woodburn and E.D. Hovee & Company. Development Trend Summary The following figure summarizes housing, commercial, industrial space, and school district facilities permitted in the City of Woodburn over the 10-year period from 1988 through 1997. Figure 17. Woodburn Development Permitted (1989-1997) Development Type Units/SF Acres* Housing 1,280 193.8 Commercial Space 642,000 N/A Industrial Space 2,902,700 N/A School District Facility Space 236,364 N/A Note: Incomplete building permit records required making assumptions in some cases to complete the calculations. Acreage absorbed for residential development is estimated based on net residential densities. Source: City of Woodburn and E.D. Hovee & Company. 3A E.D. Hovee & Company for City of Woodburn Demographic, Economic and Recent Development Trends Memorandum Page 13 D. Hovee Company Economic and Development Services MEMORANDUM To: ]:ro~: Subject: Date: Keith Liden, McKeever Morris Inc. I)cnise Whitney & Eric Hovee l tousing Needs Analysis Memorandum Task 5.a June 28, 1999 Introduction This Housing Needs Analysis technical memorandum comprises the work elements of Task 5.a of the Woodburn Buildable Lands and Urbanization Project. The purpose of this task is to determine housing needs for the City of Woodburn through the year 2020 pursuant to Oregon House Bill 2709. Qualifications & Limitations The analysis has been prepared for the City of Woodburn and the Oregon Department of Transportation's Transportation Growth Management (TGM) program by the economic and development consulting firm E.D. Hovee & Company as subconsultant to McKeever Morris Inc. Observations and findings are those of E.D. Hovee & Company and should not be conStrued as representing the opinion of any other party without that party's express endorsement, whether in whole or in part. Organization of Memorandum The remainder of this memorandum is organized to cover the following topics: · Population, Households and Other Demographic Trends · Housing Unit Need Projection Key Economic and Housing Trends · Housing Types and Affordability · Housing Need Projection by Structure Type · Net Density and Acreage for Needed Housing internet: www.edhovee.com · e-mail: edhovee@edhovee.com 951 Officers Row · P.O. Box 225 · Vancouver, WA 98666 (360) 696-9870 ° (503) 230-1414 · Fax (360) 696-8453 100% recycled Population, Household Size and Other Demographic Trends Population grox~eth, household size, and age of householder are important housing demand factors. Trends for these factors are discussed in this section. Population Over 9,700 new residents are expected in Woodburn between 1998 and 2020. This is equal to an average of approximately 440 new residents per year or an average annual compound growth rate of 2.12%. Figure 1. Population Trends in Woodburn (1970-2020) Itc m 1970 1980 1990 1998 2020 3A Population 7,495 I 1,196 13,404 16,585 26,290 Average Annual Growth 370 221 398 441 Average Annual Compound Growth Rate 4.09% 1.82% 2.70% 2.12% Source: U.S. Census Bureau, Portland State University Center for Population Research and Census, Oregon Office of Economic Analysis. Populations in group quarters do not represent potential demand for individual housing units. The proportion of Woodburn's population living in group quarters increased from 1.21% in 1970 to 3.65% in 1990. The growing number of seniors in combined and assisted living centers is primarily responsible for this increase. Figure 2. Woodburn Population in Group Quarters (1970-1990) Item 1970 1980 1990 Population in Group Quarters 91 163 489 As °,4 of Total Population 1.21% 1.46% 3.65% Source: U.S. Census Bureau. HousehoId Size Beginning after 1980, the average household size of Woodburn residents started to increase. This trend runs counter to regional and national trends of decreasing average household size. Woodbum's increased average household size may be attributable, in part, to an increasing proportion of Hispanic residents. The local Hispanic population increased from 12% to 32% of the total population between 1970 and 1990. Recent estimates for the larger Woodbum zip code area suggest this trend has continued. Figure 3. Woodburn Hispanic Population Trends (1970-1990) Area 1970 1980 1990 Population 932 2,035 4,226 As % of Total Population 12.4% 18.2% 31.5% Note: 1970 number estimated based on 1970 census data and 1980 census geographic and data relationships. Source: U.S. Census Bureau and E.D Hovee & Company. E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 2 Woodburn residents of Hispanic origin typically have had significantly higher average household sizes than the city as a whole. The average Itispanic household size in Woodburn in 1980 was 4.28 people, increasing to 4.70 people in 1990. Figure 4. 1970 5.45 Note Source: Average XVoodburn Itispanic ltousehold Size (1970-1990) 1980 1990 4.28 4.70 1970 number estimated based on 1970 census data and 1980 census geographic and data relationships. U.S. Census Bureau and E.D ltovec & Company. The infiucnce of t tispanic households is also evident in Woodburn's school district enrolhnent. As of fall 1998, Hispanic students accounted for nearly 61% of enrollment. Age of tto useh older Householders are the persons in the household who make the decision about where to live. This information is useful in determining both current and future housing needs. In 1990, Woodburn had a much higher proportion of householders 65 and over and lower proportions of householders age 25 to 64 than did the rest of Marion County. However, the proportion of Woodburn householders age 65 and over decreased between 1980 and 1990. In addition, the 1994 Woodburn Population Enumeration conducted by the Portland State University Center for Population Research and Census indicates that since 1990 growth in younger populations has resulted in higher representation of all groups except those 65 and o4er Figure 5. Woodburn Age of Householder Distribution (1980-1990) Age 1980 1990 Under 25 7.3% 5.2% 25-44 26.8% 28.9% 45-64 20.6% 21.3% 65+ 45.3% 44.6% Total 100.0% 100.0% Source: U.S. Census Bureau. Housing Unit Need Projection The projection of needed housing units relies on a population growth estimate, assumptions about the projected average household size, and the proportion of the added future residents expected to live in group quarters. Assumptions used in determining the projection of needed housing units are based on the background information provided in the previous Population, Household Size and Other Demographic Trends section and are listed here: Based on the reportedly near build-out conditions of northern subdivisions (where empty- nest and senior populations have purchased housing), the limited number of assisted care facilities in Woodburn, and an increasing proportion of younger residents since 1990 and E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 3 younger householders beginning in 1980. thc populatmn in group quarlcrs is assumed to bc 3A l"il4u rc 6. t- orccasl l~opu l;~tion (~ roy, th 1998 i~ddcd pOp~ation in Group ~uiirtc'r5 ted Average Household Size IA dded ~-o~s~ ~jn~ss Projected .Number of.Xc~ llousinl, l l'nits Needed to 5'car 2020 9,705. 354 9,351 3,052] Source: E.D. Hovee & Company. Key Economic and Housing Trends Economic and housing trends provide an overview of housing demand and supply factors. Employment growth and household incomes impact the number and types of housing demanded, while recent development trends and current housing costs provide a sense of the type of housing which is being supplied. Economic Trends Employment: Recent global economic crises have impacted employment growth in the Pacific Northwest. After the surge of regional job growth in the early to mid-1990s, the rate of growth is decreasing. However, continued economic and employment growth is expected. The Oregon Office of Economic Analysis indicates the average annual compound employment groxxxh rate for Marion County has been higher than thc statexvide average in the 1990s, and is expected Io continue to exceed the statewide rate. However, employment growth rates over the 200-2020 period are forecast to be less than half of their 1990-2000 pace. Figure 7. Average Annual Compound Employment Growth Rates (1990-2020) Area 1990-1995 1995-2000 2000-2020 Marion County 2.8% 2.9% 1.2% Oregon 2.6% 2.5% 1.0% Source: Oregon Office of Economic Analysis. Assumptions about household size have a dramatic effect upon this projection. For instance, if the average household size in Woodburl~ were to remain at its 1994 level (2.83 persons), the number of new units required would increase by nearly 380 units lo a total of 3,430. E D ftovee & Company for Ctty of Woodburn Housing Needs Analysis Memorandum Page 4 Slowing job growth in thc Pacific Northwest, combined with increasing housing prices and an increasingly healthy California economy, have resulted in a slowing of population in-migration. ]'he results off this slowdown include il dampening cff'cct on housing demand. ()rcgon t'~mploymcnt I)cpartmcnl (()I'~1)) projections indicate thc largesl regional employment growth (lo 2006) in absolute numbers (as opposed to percentage increases) arc expected in services, l~)ilowcd by rct~il lradc, government, manufacturing and construction. By comparing continues, employment growth in Woodburn would be expected to be strongest in the n~tnuthct~ring, rct~fil tr~(tc ~nd set'vices sectors. In 1997, average am~m~l wages per job within thc x, Voodburn zip code in these employment sectors was $24,600 for manut~cturing,, $16,000 for re'tail trade, and $ l 9,500 lbr services. The majority of occupations expected to experience growing demand regionally fall within this same $16,000 to $24,000 wage range. Household Income: Between 1990 and 1998, annual household income rose in the Woodbum zip code area. As of 1998, the proportion of households in the lower income brackets of under $15,000 and $ l 5,000 to $24,999 per year are approximately half their 1990 levels. The proportion of Woodburn area households with incomes between $50,000 and $99,999 doubled during the same period. Figure 8. Woodburn Zip Code Household Income Distribution (1990-1998) Income Range 1990 1998 Less than $15,000 28.0% 15.5% $15,000 to $24,999 25.3% 17.6% $25,000 to $49,999 35.3% 42.3% $50,000 to $99,999 10.3% 20.2% $100,000 to $149,999 0.7% 3.5% $150,000 or More 0.4% 0.9% Total 100.0% 100.0% Source: U.S. Census Bureau and CACI Inc. As is true in most areas, the average disposable household income in the Woodbum area increases with age, peaking when householders reach the 45-54 age group. As adults begin to reach retirement age, their average disposable income declines. Figure 9. Woodburn Zip Code Average Disposable Income by Age of Itouseholder (1998) Avg. Disposable Age Income <35 $25,570 35-44 $33,705 45-54 $37,408 55-64 $34,085 65+ $21,421 All Ages $28,607 Source: CACI Inc. 3A E.D. Hovee & Company for CiO' of Woodburn Housing Needs Analysis Memorandum Page 5 In terms of housing purchasing power, many mature householders have assets (such as a first home) which act as a counterbalance to their decreasing incomes. Housing Trends Between 1988 and 1998, 1,280 new housing units were permitted within the City of Woodburn. The majority (394) were traditional single family units, followed by manufactured/mobile homes on lots (308), and multi-family units in buildings with seven or more units (286). Figure 10. Unit Type Recent Itousing Development Characteristics (1988-1997) Avg. Units/ Estimated Units Net Acre Net Acres Single Family 394 5.46 72.2 Manufactured/Mobile ttome 308 4.28 72.0 Manufactured/Mobile Home Park 179 7.75 23.1 Duplex 22 15.30 1.4 Multiplex (3-6)* 91 6.98 13.0 Multifamily (7+ units) 286 23.61 12.1 Total 1,280 6.79 193.8 Note: Source: *Very few records for developments of this size include site size data. The sample size for net density is 15 of the 65 units. City of Woodbum and E.D. Hovee & Company. Reportedly the pace of residential unit development in Woodburn is accelerating. More housing units were permitted for development in the first eight months of 1998 than for any previous full year. In addition, pending subdivisions for single family homes as of October 1998 could accommodate an additional 547 units, while pending multi-family development could result in an added 146 attached units.2 The proportion of single family site-built and manufactured/mobile housing that is owner occupied is increasing, while owner occupied attached housing is falling. Figure 11. Woodburn Tenure Trends by Unit Type (1990-1994) Owner Occupied Renter Occupied Housing Type 1990 1994 1990 1994 Single Family 82.0% 86.1% 18.0% 13.9% Duplex or Apartment 9.2% 1.0% 90.8% 99.0% Manufactured, Mobile Home, Other 92.4% 94.8% 7.6% 5.2% Total 68.2% 67.2% 31.8% 32.8% Source: U.S. Census and City of Woodburn. As of 1994, renters in Woodburn tended to have larger households than did homeowners. Households owning attached units were the exception, consistent with the fact that the largest families were most prevalent in the low to moderate income categories in 1994. 3A 2 Barmack, Judith, The Woodburn School District Enrollment Projections and Facility Capacity, October 1998. E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 6 Figure 12. Unit Type Woodburn Average ltousehold Size by Unit Type & Tenure (1994) Single-family Apartment or Duplex Manufactured, Mobile Home, Other All Units Source: City of Woodburn. Renter Owner Total 3.92 2.57 2.78 3.28 3.50 3.39 3.21 1.98 2.04 3.45 2.47 2.83 3A Itousing Types and Affordability Over the last few years, single family housing in Woodburn has been consistently more affordable than housing in surrounding cities. In 1998, the average sales price of a home in Woodburn was $121,100, compared to $133,500 in Mount Angel and $161,700 in Silverton. Figure 13. City Average Sales Prices by City (1996-1998) Average Annual 1996 1997 1998 % Increase Keizer $125,273 $132,584 $140,356 5.8% McMinnville $141,538 $139,836 $150,211 3.1% Mount Angel $102,917 $143,350 $133,500 16.2% Silverton $113,818 $127,995 $161,746 19.4% Woodburn $102,416 $105,541 $121,092 8.9% Source: Willamette Valley Multiple Listing Service. Empty nesters are buying the most expensive Woodburn homes -- those located in new subdivisions around the Tukwila golf course. Reportedly, these new homes are priced at $200,000 and up. Sales of these units benefits from recent changes in the federal tax code allowing homeowners to downsize and pocket a significant portion of capital gains tax-free from the sale of their primary residence. However, the market for units at this price does not appear to be as deep as for less expensive units. In addition, this downsizing provides opportunities for younger homebuyers, as existing units are priced lower. From August of 1998 through February of 1999, 37 Woodburn homes listed with Willamette Valley Multiple Listing Service sold at an average price of nearly $109,000. Small units (under 1,000 square feet) sold for as little as $70,000. E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 7 Figure 14. Woodburn Housing Sales Prices (8/98-2/99) Housing Unit Size Range # Units Average Price Median Price Average Size 3A Less than 1,000 SF 1,000 to 1,499 SF 1,500 or More SF Size Unknown All Units SOU[CC: 5 $70,800 $70,000 860 19 $105,600 $114,500 1,220 12 $129,300 $129,000 1,750 I $117,000 $117,000 N/A 37 $108,870 Willamette Valley Multiple Listing Service. $116,500 1,350 There is no single agency or private business that tracks rental rates in Woodburn. A series of contacts made by E.D. Hovee & Company determined two-bedroom apartments in fiats appear to rent for between $525 and $575, depending on the availability ora washer/dryer hook-up in the unit. Two-bedroom plexes and townhouses are available for $640-$700 per month, and three- bedroom townhouses rent from $725 per month. Figure 15. Unit Type Woodburn Rents by Unit Type (1998/99) Rent 2 BD Apartment w/o W/D Hook-up $525 2 BD Apartment with W/D Hook-up $550-$575 2 BD 4-5 Plex Unit $650-$700 Newer 3Bd Duplex $775 2 BD Townhouse $640 3 BD Townhouse $725 Source: Property management contacts made by E.D. Hovee & Company. Woodburn has 366 assisted/special housing units. An additional 254 families receive housing vouchers. The vouchers and assisted/special units combined account for approximately 10% of Woodburn's housing units. Based on 1998 household income estimates for the Woodbum zip code area and current cost information, it is possible to determine what housing types are affordable by income group. Those households with incomes below $15,000 a year most likely rely on some sort of assistance (usually governmental) for their housing. Households earning $15,000 to $24,999 begin to have more options, including renting existing two-bedroom units. Those earning more than $25,000 may have access to ownership of lower-end existing units or rental of newer townhouses. Those households earning $50,000 or more have access to virtually all the housing types offered in Woodburn. E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 8 Figure 16. Income and Itousing Financially Attainable % of 1998 Supported by Income Income Range ltouseholds Rent Itousing Value ltousing Product Types Renter 3A Owner Less than $t5,000 15.5% $15,000 to $24,999 17.6% $25,000 to $49,999 42.3% $50,000 to $99,000 20.2% $100,000 to $149,999 3.5% $150,000 or More 0.9% Note: Source: <$415 <$41,700 Govt. Subsidized $415-$695 $41,700-$69,500 Govt. Subsidized, Existing Apartments, Plexes and Small Townhouses $695-$1,390 $69,500-$139,000 Existing and Newer Plexes, Townhouses and Single Family Homes $1,390-$2,750 $139,000-$275,000 All Housing Types $2,750-$4,160 $275,000-$416,000 All Housing Types > $4,160 >$416,000 All Housing Types Existing Plexes, Townhouses and Single Family Homes All Housing Types All Housing Types All Housing Types Assumes rents at 33% of gross income are affordable. For home ownership, assume a 10% down payment and interest rate of 7.25%. E.D. Hovee & Company. Housing Need Projection by Structure Type The projection of needed housing by structure type relies on a housing unit need estimate and assumptions about future employment, incomes, and housing costs. Assumptions used in determining the projection of needed housing units by structure type are based on the background information provided in the previous Key Economic and Housing Trends and Housing Types and Affordability sections and are listed here: · Based on expected continued employment growth at moderate wages, real incomes are likely to reflect the current Woodbum zip code distribution. · Based on the expectation of sufficient residential' land (no supply/cost constraints), and slowed population in-migration statewide, housing prices in Woodburn are expected to keep pace with but not significantly outpace income growth. Thus it is highly likely future housing construction could mimic recent development trends. If this occurs the majority of the needed dwelling units (951) will be attached single and multi- family housing. Single family site-built housing will account for 940 units, manufactured/mobile hosing in subdivisions will account for 734 units, and mobile homes in parks 427. E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 9 Figure 17. Unit Type Implied Residential Demand by Structure Type Percentage Permits from Distribution 1990 1988-1997 Distribution of Added Units 3A Potential % Distribution 2020 Single-Family Manufactured/Mobile Home Manufactured/Mobile Home in Park Plex and Apartment Other Total Government Subsidized Source: E.D. Hovee & Company. 69% 31% 940 51% 10% 24% 734 15% N/A 14% 427 8% 20% 3 I% 951 26% 1% 0% 0 100% 100% 3,052 305-460 00% 10%-15% Depending on whether current assistance numbers or income is used as an indicator, 305-460 additional government subsidized housing units or vouchers will be needed by Woodburn residents by the year 2020. Net Density & Acreage for Added Housing Based on the expectation of sufficient residential land (no supply/cost constraints), the added units will likely be built at the same average density as similar units constructed between 1988 and 1998. If this occurs, nearly 458 net acres of residential land will be needed. Figure 18. Unit Type Estimated Residential Unit and Land Demand to 2020 by Structure Type Potential Distribution Avg. Net (Units) Density Net Acreage Single-Family Manufactured/Mobile Home Manufactured/Mobile Home in Park Plex and Apartment Total Source: E.D. Hovee & Company. 940 5.46 177.2 734 4.28 171.5 427 7.75 55.1 951 16.18 58.8 3,052 6.79 457.6 E.D. Hovee & Company for City of Woodburn Housing Needs Analysis Memorandum Page 10 6A Farmworker Housing Development Corporation is pleased to invite you to the Grand Opening of La Corporaci~Sn de Dessarrollo de Vivienda Campesina con gusto le invita a la Gran Inaguraci6n de NUEVO AMANECER "new dawn" Phase II / Fase II Sunday, the 29th of August, 1999 Domingo, 29 de Agusto 1999 Nuevo Amanecer 1274 N. 5th Street Woodburn, Oregon The celebration begins at 2 o'clock, there will be music and a taste of traditional food. La celebraci&~ empieza a las 2 de la tarde, habrd musica y comida tradicional Come share in our dreams for a new dawn for farmworkers. Comparta nuestros suefios por un "Nuevo Amanecer" para los campesinos RSVP: FHDC Office (503) 981-1618 Lldmenos si nos acompafia Calli - Home 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 26, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Deputy Chief Null, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0034 Mayor Jennings informed the public that the new video cameras mounted on the walls in the Council Chambers are being used for this meeting. 0021 ANNOUNCEMENTS. A) Police Department Change of Command Ceremony will be held on Wednesday, July 28th, between 2:00 pm and 5:00 pm in the City Hall Council Chambers. The public is invited to attend this event. B) On Thursday, July 29th, a retirement dinner for Police Chief Wright will be held at Rubis Hall. Tickets for this dinner are available at the Police Department. C) Music in the Park: Mayor Jennings stated that the Council had previously approved a sound amplification permit for August 5th, however, the correct date is August 3rd. PUGH/FIGLEY... approve a sound amplification permit for August 3, 1999, 7:00 pm to 8:00 pm., as part of the Music in the Park series presented by the Library. The motion passed unanimously. 0081 APPOINTMENT: PLANNING COMMISSION. Mayor Jennings appointed Terry Heer to the Planning Commission with her term expiring on December 31, 2001. FIGLEY/KILMURRAY... appointment of Terry Heer to the Planning Commission be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0097 PROCLAMATION: NATIONAL NIGHT OUT. Mayor Jennings read his proclamation declaring August 3, 1999 as "National Night Out" in Woodburn and urged local residents to support this annual event which promotes crime prevention programs and neighborhood watch programs. 0145 CHAMBER OF COMMERCE REPORT. Marilyn Feller, Chamber Board representative, stated that they were pleased with the turnout at the "Tunes & Berry Concert" recently held at the Settlemier House. She also encouraged citizens to attend the upcoming concerts at Library Park. In regards to Woodbum Company Stores, the Chamber encouraged the public to visit and support the new mall. The next Business After Hours will be held on August 12th at Al's Fruit & Shrub beginning at 4:30 p.m.. She also stated that the annual 'Chamber at the Drags' was held last Thursday and encouraged those who were unable to attend this year to be a participant at next year's event. 0197 COMMUNICATION: NEWS RELEASE REGARDING SENIOR ESTATES 0309 PARK. Mayor Jennings read this news release informing the public that a volunteer project undertaken by the Church of Jesus Christ Latter Day Saints, Ward 1, on July 24th enlisted the help of more than 200 people to complete a renovation project at Senior Estates Park. The project included removal of brush, weeding flower beds, tree pruning, and spreading barkdust throughout the 5 acre park. The project was organized by Beverly Parkhurst and the Church is interested in adopting the park for on-going maintenance in the area that they worked. He stated that the City owes this group of volunteers a debt of gratitude for all of their work. Councilor Chadwick stated that, every year, the Church celebrates July 24th which is the date Brigham Young led his followers into Utah. The local Church annually decides which volunteer project they would be undertaking on July 24th and this year they decided to work on Senior Estates Park. She stated that the park looks great and the residents in the area are very grateful to the organization for their willingness to clean-up this area. It was the consensus of the Council that Administrator Brown should send the Church a thank you letter on behalf of the City. LETTER FROM PLANNING COMMISSION RE: PORTABLE TOILETS. Administrator Brown stated that he had distributed copies of this letter to the Council on the issue of portable toilets at city parks and school facilities. He stated, with the assistance of the Mayor, he would be preparing an appropriate response and suggested that comments from the Council should be given to him over the next few days. 0333 Tom Waggoner, 829 Woodland Ave., stated that if the developer of the factory outlet Page 2 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING does put in an arborvitae hedge along Woodland Ave., the shrubs need to be planted 3 foot apart rather than the 6 foot distance previously mentioned by the developer. Councilor Pugh stated that no final decision has been made by the City as to the type of noise barrier the developer will be required to install. Mr. Waggoner stated that he and his wife routinely pick up 6-8 garage sale signs in their area every Monday morning that are unsightly. Other communities in Oregon have sign ordinances that regulate garage sale signs and he suggested that the City look into the feasibility of including a provision in the sign ordinance regulating garage sale signs. Mayor Jennings stated that the City of Portland recently loss a $600,000 lawsuit because of an improper sign ordinance and he cautioned the City in making changes without thoroughly investigating applicable legal issues. Lastly, Mr. Waggoner stated that he was very upset with the traffic situation at the Woodland Ave/Highway 219 intersection. His wife was in need of medical attention and he was taking her to hospital but was unable to get out onto the main highway since a flag person directing traffic refused to let them get into the stream of traffic in a prompt manner and, once near the intersection, was unable to get out to the freeway because of the timing of the traffic signals. Councilor Pugh stated that he understood the concerns expressed by Mr. Waggoner but felt that the traffic was handled very well over the weekend with the opening of the mall. It was also noted that Leo Hillyer, Hillyer's Ford, did not object to the barrels being placed in the median between the freeway interchange just west of Amey Road. Mayor Jennings stated that the flaggers were a temporary measure to move traffic out of the mall and the traffic situation will improve when the State installs the traffic signal hard wire system. O58O CONSENT AGENDA. A) Approve Council minutes of July 12, 1999; B) Accept the Recreation and Park Board minutes of July 13, 1999; C) Accept the Library Board minutes of June 23, 1999; D) Accept the Planning Commission minutes of July 8, 1999; E) Accept the Museum Board minutes of July 14, 1999; and F) Receive the summer Water Use report. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0595 COUNCIL BILL 1977 - ORDINANCE APPROVING ANNEXATION #98-03, COMPREHENSIVE PLAN MAP AMENDMENT #98-02, AND ZONE MAP AMENDMENT #98-04 FOR THE CONSTRUCTION OF PHASES II AND III OF A FACTORY OUTLET CENTER (Woodburn Company Stores). Since the bill was introduced and read twice at the July 12th meeting, the bill was re-read Page 3 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING for the purpose of identifying the action associated with this Council Bill. Councilor Bjelland stated that a typographical error be corrected on the final copy (page 17, 1st paragraph, last sentence) to read "...traffic mitigation issues being addressed by the City at the time of the site plan review .... ". Attorney Shields stated that the developers attorney, Mike Robinson, had been given a copy of the findings and conclusions and they had only one substantive change to consider on page 9. Staff considered the change which involved the developer's attorney opinion that Plan Policy D- 1 was 'advisory rather than mandatory', however, staff felt that the sentence prepared by the developer's attorney was beyond the Council's expectations. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1977 duly passed with the emergency clause. 0721 COUNCIL BILL 1982 - ORDINANCE CLARIFYING ORDINANCE 2232 WHICH ANNEXED CERTAIN PROPERTY LOCATED NORTH OF VANDERBECK 0794 LANE AND WEST OF BOONES FERRY ROAD. Councilor Chadwick introduced Council Bill 1982. Recorder Tennant read the two readings of the bill by title only. Mayor Jennings stated that, in the future, all legal descriptions will be sent to the Department of Revenue for preliminary acceptance prior to final adoption of an ordinance to annex property into the City. Administrator Brown stated that staff normally sends the legal description to the Dept. of Revenue for review, however, in this case, it was not done and a change is necessary to obtain final approval from the State on this annexation. On roll call vote, the motion passed unanimously. Mayor Jennings declared Council Bill 1982 duly passed with the emergency clause. SPECIAL EVENTS PERMIT: FIESTA MEXICANA. Staff recommended that a special events permit be issued to the Latin American Club for the 1999 Fiesta scheduled for August 6 - 8, 1999 at Legion Park. FIGLEY/SIFUENTEZ... authorize the Recreation and Parks Director to sign the Special Event Park Use Permit with the Fiesta Committee for the 1999 Fiesta at Legion Park, and, per recommendation of the Police Chief, authorize the use of sound equipment as follows: Friday, August 6th, from 10:00 am to 11:00 pm.; Saturday, August 7th, from 10:00 am to 1 ~.:00 pm; and Sunday, August 8th, from 10:00 am to 10 pm.. The motion passed unanimously. Page 4 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 0820 REQUEST FOR SOUND AMPLIFICATION PERMIT: CENTRO CRISTIANO 0853 O868 CHURCH. A request was submitted by Centro Cristiano Church, 257 W. Lincoln St., to use the Library Park outdoor stage for an outdoor program on Saturday, August 7th, 4:30 pm to 8:30 pm, which will include food and live music. On Sunday, they would like permission to close Lincoln Street between First and Second Street for the purpose of holding an outdoor service on August 8th between 4:30 pm and 8:30 pm. Staff recommended that the requests for street closure and a sound amplification permit be granted. BJELLAND/KILMURRAY... Council approve a sound amplification permit for Centro Cristiano A/G Church for August 7 & 8, 1999 from 4:30 pm to 8:30 pm, and street closure of Lincoln Street between First and Second Streets on August 8, 1999 from 4:30 p.m. to 8:30 p.m.. The motion passed unanimously. SOUND AMPLIFICATION REQUEST - WOODBURN DOWNTOWN ASSOC. FOR NATIONAL NIGHT OUT. The WDA requested permission to use sound amplification on Tuesday, August 3rd, 7:00 pm to 8:00 pm, for a neighborhood watch event to be held in Library Park in conjunction with National Night Out. FIGLEY/SIFUENTEZ...approve a sound amplification permit for WDA for August 3, 1999, from 7:00 p.m. to 8:00 p.m. The motion passed unanimously. REQUEST TO GIVE POLICE CHIEF AUTHORITY TO ALLOW STREET O897 CLOSURES IN CONNECTION WITH NATIONAL NIGHT OUT. PUGH/KILMURRAY .... Police Chief to be given the authority to authorize street closures on Tuesday, August 3, 1999, between 6:00 pm and 10:00 pm, without bringing individual requests back to the Council. The motion passed unanimously. PUBLIC INPUT ON PROCESS TO EVALUATE THE CITY ATTORNEY AND CITY ADMINISTRATOR. City Attorney stated that this is the time set for public input on the process to be used for evaluating the City Administrator and City Attorney on standards, criteria, and policy directives. He stated that the Oregon Revised Statutes only requires public input on the evaluation process involving the City Administrator but staff felt that it would be beneficial to develop an evaluation form that can be used for other department managers. He reiterated that the public input is on the evaluation form only and not on the evaluation itself. Councilor Bjelland expressed concern in accepting the evaluation form at this time since the public has not had an opportunity to review the form before this meeting. Administrator Brown stated that copies of the document were delivered to the Library last Friday, the newspapers have a copy, and they are also available in the City Page 5 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING 1231 Administrator's office. Since the Attorney is not concerned about delaying his evaluation for two weeks, he suggested that it be held over for two weeks and public input, if any, be taken at that time. Attorney Shields reiterated that there is no legal requirement to public a notice in the newspaper, however, there is a requirement to give the public an opportunity to give input on the evaluation form. Administrator Brown stated that he had changed the original evaluation form in order to put together an evaluation form that more accurately reflected the skills and knowledge that the Council is looking for from the Executive level management. He reviewed the form he had developed which included a matrix defining each range of performance, an opportunity to comment on specific items, and an assignment of an overall performance score. In his opinion, the form he has drafted is more comprehensive than what has been used in the past and directed more towards the work being done by the management staff. 1898 Mayor Jennings stated that he liked the format, however, he felt that the evaluation forms should not be seen by the Administrator prior to the executive session. Administrator Brown stated that he did not expect to see the evaluation forms until they come to the table during executive session but hoped that the Council would be able to come to a consensus on an overall performance rating and then focus on compensation based on the rating. Councilor Bjelland suggested that parts 1, 2, & 3 of the form be completed by each Councilor in advance, part 4 be a joint effort of the Mayor and Council, and part 5 involve the employee at the time of the evaluation. He also suggested that the Mayor and Councilors only rate the employee in those areas that they feel comfortable in rating rather than each particular item. Administrator Brown suggested that the Mayor and Councilors come to the executive session with ideas for Part 4 and/or 5. Discussion was held regarding the established job responsibilities and it was noted that copies of the City Administrator job classification had been distributed to the Mayor and Council just prior to this meeting. Following some further discussion on the content of the form, BJELLAND/PUGH... table the evaluation process until the next regular meeting (August 9, 1999). The motion passed unanimously. Mayor Jennlngs stated that the Council will take public comment at the August 9th meeting and the evaluation of the City Attorney will be held at the second regular meeting in August. 1953 CONTINUATION OF PUBLIC HEARING: ANNEXATION AND GROWTH MANAGEMENT GOALS AND POLICIES. Mayor Jennings continued the public hearing at 8:03 p.m.. Staff requested that the hearing be continued until August 23, 1999 to allow staff Page 6 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING additional time to research areas of concern brought forth by the Council. PUGH/BJELLAND ..... continue the public to August 23, 1999 at 7:00 p.m.. passed unanimously. The motion 1978 PUBLIC HEARING: ANNEXATION, ZONE MAP AMENDMENT AND MINOR PARTITION FOR A 5.19 ACRE PARCEL OF LAND LOCATED ADJACENT TO HIGHWAY 214 AND EAST OF FRONT STREET. Mayor Jennings declared the public hearing open at 8:05 p.m.. Councilor Pugh declared a possible conflict of interest on this issue because of certain activities he is carrying on in that area and stated that he would neither comment or vote on this issue. Recorder Tennant read the land use statement required by state law. Public Works Manager Rohman stated that the City is one of the applicants in this land use action since the City will be purchasing a portion of the property for infrastructure needs. The property is divided by Highway 214 with 3.75 acres to the north of Hwy 214 and 1.44 acres to the south of Hwy. 214. The proposed zoning would provide a light industrial designation to the north and public service to the south. The minor partition would allow for the 5.19 acre parcel to become two lots (1.44 acres to the south and 3.75 acres to the north). In regards to access to Highway 214, there is an entrance to Highway 214 towards the eastern side of the lot and there is an existing home business located on that lot that is a conforming use under the proposed zoning designation. No one in the audience spoke either for or against the proposed land use actions. The public hearing closed at 8:13 p.m.. FIGLEY/SIFUENTEZ .... approve annexation g98-04, zone map amendment #98-05, and minor partition g98-09, and instruct staff to prepare ordinance with findings and conclusions to substantiate this position. The motion passed 5-0-1 with Councilor Pugh not voting because of his declaration of a possible conflict of interest. 2417 SITE PLAN ACTIONS: A) Site Plan Review #99-05: Service station located on Highway 214 adjacent to Oil Can Henry's. KILMURRAY/FIGLEY .... hold a public hearing on site plan review g99-05. Attorney Shields stated that the 120-day rule is in effect and staff needs sufficient time to meet public notice requirements. Mayor Jennings questioned if it would be possible for the Council to visit the site with a staff member to explain the layout of the site plan. Attorney Shields stated that site visits need to be declared at the start of the public hearing and there is no prohibition of visiting the site in advance with staff member(s) and if the Councilors elect to go in small groups, the group size be limited to 3 or less. The motion to hold the hearing passed unanimously. Page 7 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING B) Site Plan Review #98-15: Property Line Adjustment #99-01 (Wilson Street). Mayor Jennings stated that the constituent originally concerned about this adjustment, however, the constituent is now satisfied and will not be appealing the Planning Commission's acknowledgment of the administrative approval for the proposed group care facility. No action was taken by the Council on this issue. 2641 MAYOR AND COUNCIL REPORTS. Mayor Jennings stated that the gas tax bill did pass the State House and Senate. He encouraged Triple A members to write to Triple A and ask them to not block the entire bill but to refer the portion on the weight-mile tax to ballot and leave the rest of the bill intact. In regards to the Factory Outlet opening, numerous representatives throughout the community attended the opening ceremonies. He stated that he is impressed with the development and felt that the traffic situation was handled quite well except for the situation brought up by Mr. Waggoner relating to the traffic flaggers. Mayor Jennings asked the Council if, for the Fiesta parade, they would like to ride in train or in a different vehicle. It was the consensus of the Council that the train needs a lot of automotive work and they requested that Councilor Sifuentez contact the parade organizers to see if another vehicle would be available for their use. Tape 2 Councilor Pugh reiterated that passage of the state gas tax bill is one step closer to obtaining state funding assistance to improve the 1-5 interchange area. He also suggested that citizens lobby Triple A to only place the weight-mile tax on a potential ballot measure rather than the entire bill. Councilor Figley provided a brief update on Centennial Park. It is anticipated that the soccer field will be playable this fall. She also stated that the flags were recently stolen from the park, however, the Police Department recovered the flags and a new cable cord will be installed on the flag pole. Councilor Sifuentez questioned if staff had any updated information on the safety issue of pedestrians crossing Highway 214 to the Salud entrance. It was noted that staff was still working on this issue. Page 8 - Council Meeting Minutes, July 26, 1999 COUNCIL MEETING MINUTES JULY 26, 1999 TAPE READING OO69 ADJOURNMENT. PUGH/FIGLEY... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m.. 8A APPROVED Richard Jennings, Mayor ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, July 26, 1999 8A COUNCIL MEETING MINUTES AUGUST 9, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0007 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Park & Recreation Director Westrick, Police Chief Null, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant 0O30 ANNOUNCEMENTS. A) Police Department Promotional Announcement: Chief Null has promoted Sgt. Scott Russell to the position of Deputy Chief and he will be responsible for managing police department operations. B) On August 23, 1999, 7:00 p.m., City Hall Council Chambers, a public hearing will be held regarding Site Plan Review #99-05 (Unocal 76 Station). C) Music in the Park: The public was reminded that the next "Music in the Park" concert will be held on August 10, 1999, 7:00 p.m., in Library Park. 0055 PRESENTATION: STREET RESURFACING PROGRAM. Public Works Director Tiwari gave a presentation on the City's Street Resurfacing Program with this particular presentation focusing on pavement management. As part of his presentation, he described the different deterioration levels of pavement which include a) weathering/graveling, b) block cracking, and c) alligator cracking. He reviewed the pavement life cycle and stated that, after approximately 13 years, the condition of pavement changes from excellent to fair and the rate of deterioration increases rapidly after that time. He also reviewed estimated costs to resurface streets at the different levels of deterioration and reminded the Council that streets in either good or fair condition require 3/4" thickness of asphalt whereas a street in poor or very poor condition will require a 1 V2" thickness in addition to potential costs for minor or major Page I - Council Meeting Minutes, August 9, 1999 8A COUNCIL MEETING MINUTES AUGUST 9, 1999 TAPE READING reconstruction of the roadway. He also reviewed the pre-construction work that is done by staff such as identification of streets and resources, engineering, notification to utility companies of pending projects, completion of underground utility work, preparation of contract documents, and award of construction contract. Once the contract is awarded, staff also conducts regular construction inspections to insure that the work is being performed as per contract specifications. He also reviewed the types of in-house pavement protection work being done such as crack sealing and surface repair versus the pavement work that is contracted out to construction firms. Additionally, he reminded the Council that utility lines are placed within the right-of-way and having a narrow right- of-way ultimately results in higher future maintenance costs. Streets to be resurfaced this year include Garfield, Evergreen, Settlemier, Tierra Lynn, James, Amy Court, Kevin Court, and Park Circle at a total estimated cost of $250,000. Next year's projects will be streets located in Senior Estates and West Woodbum. He stated that reconstruction projects being considered at this time are North Boones Ferry Rd., North and South Front Street, and East Hardcastle. Reconstruction projects are very costly and often include the formation of a local improvement district in which benefitted property owners contribute towards the cost of the improvement. At the conclusion of the presentation, Councilor Pugh suggested that the local newspaper print a series of articles on this subject for the purpose of educating our local citizens on street resurfacing needs of our City. Councilor Figley questioned the Director as to what work is currently being done on North Boones Ferry Road. Director Tiwari stated that a contract had been awarded for the sewer line extension from the Vanderbeck pump station and it is hoped that the widening of the roadway will be in progress by next summer. 1088 CHAMBER OF COMMERCE REPORT. Cindy Vetter, representing the Chamber Board, reminded the Council that Business After Hours will be held on August 12th at Al's Fruit & Shrub beginning at 4:30 p.m.. Additionally, Woodburn Company Stores will hold their Grand Opening from August 19th through 22"d with the opening ceremony on August 19th at 10:00 a.m.. Mayor Jennings stated that he had distributed to each Councilor a copy of a letter from Steve Craig, developer of Woodburn Company Stores, to the Oregon Department of Transportation. No action was taken on this communication item. 1128 CONSENT AGENDA. A) Review of draft Planning Commission minutes of July 22, 1999; B) Acceptance of Building Activity report for July 1999; and C) Acceptance of Police Activity report for June 1999. Page 2 - Council Meeting Minutes, August 9, 1999 8A COUNCIL MEETING MINUTES AUGUST 9, 1999 TAPE READING FIGLEY/SIFUENTEZ .... consent agenda be adopted as presented. The motion passed unanimously. 1141 TABLED BUSINESS: PUBLIC INPUT (PER ORS 192.660) ON PROCESS USED TO EVALUATE CITY ADMINISTRATOR AND CITY ATTORNEY. PUGH/SIFUENTEZ .... remove this item from the table. The motion passed unanimously. No one in the audience commented on the evaluation process which was initially presented to the Council at their last regular meeting. City Attorney Shields reminded the Council that the statute requires public input on the evaluation process to be used by the Council as it relates to the City Administrator. The Council elected to defer any action until this meeting in order to give the public an opportunity to comment on the evaluation process. FIGLEY/PUGH... proposed performance evaluation form be accepted by the Council for use in evaluating the City Administrator and City Attorney. The motion passed unanimously. Mayor Jennings stated that Management Analyst Smith will put the evaluation form on a diskette so that Councilors, if they so wish, can complete the form on their computer rather than completing it by hand. 1276 SOUND AMPLIFICATION PERMIT REQUEST: WOODBURN COMPANY STORES. A request was submitted by Mary Graves, General Manager of Woodburn Company Stores, for a sound amplification permit for events scheduled during their Grand Opening celebration. FIGLEY/SIFUENTEZ .... approve sound amplification permit for Woodburn Company Stores for August 18th and August 21st for the hours of 7:00 pm to 10:00 pm each night. The motion passed unanimously. 1305 CITY ADMINISTRATOR'S REPORT. He informed the Council that the City will be participating in the United Way's Days of Caring event (Friday, August 13 and a couple of City teams will be sent to Nuevo Amancer to assist a number of people who will be painting the buildings at the complex. A few more volunteers are needed and Councilors are invited to participate in this event. He also stated that the August 23rd Council agenda will be lengthy since there were a number of items that were not completed in time to make this agenda. 1530 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray questioned staff as to the status of adjusting the speed limit on North Boones Ferry Road. Page 3 - Council Meeting Minutes, August 9, 1999 8A COUNCIL MEETING MINUTES AUGUST 9, 1999 TAPE READING Public Works Manager Rohman stated that staff had prepared and submitted a request to the State who sets the speed limits on roadways. He will follow-up on this issue and report back to the Council. Councilor Sifuentez thanked the Councilors, Mayor, and Police Chief for their participation in the Fiesta parade. She felt that this was a successful event and expressed her opinion that the Fiesta event is outgrowing Legion Park. Councilor Figley provided a brief Housing Rehabilitation grant report. She stated that the current housing grant provided for an estimated 45 units to be rehabilitated, however, actual figures show that 40 units have now been completed, another 10 units are under construction, another 10 units are pending, and some additional funds are still available for distribution. She stated that the Loan Committee is very proud of the results and once the account is zeroed out, they plan on applying for more grant funds. Mayor Jennings brought up the subject of Ward boundaries. He stated that the current Ward boundaries were established in 1992 following the 1990 federal census and the Council will again address this issue in 2001 or 2002 following the 2000 federal census. He reminded the public that the boundaries are done in accordance with the law which is by population figures. Councilor Sifuentez stated that she had been in Sen. Wyden's office when this issue had been brought up recently and the concern was lack of input when the 1992 boundaries were established. She suggested that the process followed in the future include more public input before a final decision is made on the actual boundaries. Mayor Jennings also stated that the Columbia Drive issue needs to get back before the Council for resolution. He also felt that it was time for the Council to start looking at livability issues, feasibility of a skate park, park issues in general, and other programs or projects that are of interest to the public. 1678 EXECUTIVE SESSION. FIGLEY/PUGH... Council adjourn to executive session per ORS 192.660(1)(e) and ORS 192.660(1)(f). The motion passed unanimously. The meeting adjourned to executive session at 7:54 pm and reconvened at 8:18 pm. 1688 No action was taken by the Council following the executive session. Page 4 - Council Meeting Minutes, August 9, 1999 8A COUNCIL MEETING MINUTES AUGUST 9, 1999 TAPE READING Brief discussion was held regarding the Columbia Drive issue and Administrator Brown stated that a staff report would be prepared and placed on the next regular agenda. Administrator Brown also informed the Council that he would be out of town beginning Tuesday afternoon (August l0th) through Thursday (August 12th). 1805 ADJOURNMENT. BJELLAND/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:23 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, August 9, 1999 Executive Session COUNCIL MEETING MINUTES August 9, 1999 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 9, 1999. CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, City Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection; and 2) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. ADJOURNMENT. The executive session adjourned at 8:17 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page ! - Council Executive Session Minutes, August 9, 1999 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: August 11, 1999 ROLL CALL: STAFF PRESENT: Phyllis Bauer - Present Barbara Pugh - Present Kay Kuka - Present Pat Will - Present Dorothy Jaeger - Present Mary Chadwick - Present Ex-Officio Linda Sprauer, Director Judy Coreson, Recording Secretary GUESTS: None CALL TO ORDER: President Dorothy Jaeger called the meeting to order at 12:05 P.M. SECRETARY'S REPORT: The monthly Board minutes of July 28, 1999 were approved as submitted. NEW BUSINESS: Linda recommended to change the library hours to make the closing hours more consistent and easier for patrons to remember. The following library open hours were approved: Monday through Thursday Friday & Saturday Sunday 10 A.M. -8 P.M. 10 A.M. - 5 P.M. 1 P.M. - 5 P.M. OLD BUSINESS: The Library Board developed and adopted an Internet Access Policy for the library. See attachments. ADJOURNMENT: The meeting was adjourned at 1:40 P.M. Respectfully Submitted, J'udy Coreson Recording Secretary WOODBURN PUBLIC LIBRARY INTERNET ACCESS PROCEDURES 10. Sign-in in person or by phone at the designated location for Internet access. Currently both Adult & Youth Services reference desks schedule times. Sessions will be limited to one-half hour (30 minutes). The Librarian on duty has the option of extending this time by an additional 30 minutes if there is sufficient need demonstrated. One Internet session per day and a maximum of three sessions per week may be scheduled and only one week in advance. Children under twelve years of age must be accompanied by a parent or guardian. Older children may use the Intemet independently, however, monitoring what a child views on the Intemet remains the responsibility of the parent or guardian. As time allows, the Librarian will assist parents by recommending appropriate Intemet sites for their child's needs. No more than two persons will be at each terminal and if two persons share terminal time, it counts for the daily turn for both, jointly. Copies are to be collected and paid for at the Reference Desks. Noise and rowdy actions will be cause for suspension of the current session and repeated problems will be cause for suspension of privileges. Library staff will provide reference assistance and to help identify appropriate sites as time allows. Library books, videos, and classes in the community are additional resources for users interested in learning more about computers and the Internet. Diskettes for downloading are available for 50 cents. Please do not insert outside disks in the library computer. A security system is installed which may prevent accessing options available on your home computer. If you have questions ask a librarian. Statement on Internet Access and Filters The Woodburn Public Library Board believes that a democracy can only succeed if its citizens have access to the information necessary to form opinions and make decisions on issues affecting their lives. It supports the principle of open access to information and ideas, regardless of the medium in which they exist. In addition, libraries provide opportunities to access the world of information to those who would not otherwise have such access. With these principles in mind, the Woodburn Public Library Board endorses a position of full and free access to the Internet in libraries. This position is supported by the American Library Association Resolution on the Use of Filtering Software in Libraries and the Oregon Library Association. It is further strengthened by the Supreme Court ruling which states that communications on the Intemet deserve the same level of constitutional protection as books, magazines, and newspapers. The Board recognizes the issues and concerns generated from providing full access to the Internet. The debate regarding the use of filtering devices in response to these concerns is important. However, filtering devices block access to constitutionally protected speech and prevent library users from accessing materials they determine to be most suitable for themselves. Their use also comprises violation of the Library Bill of Rights. Therefore, the Woodburn Public Library Board does not recommend the use of Internet filters in the library and opposes attempts by federal and state governments to mandate their use. The Board asserts that information access policy should be decided by local library boards and administrators. The Woodburn Public Library Board respects the responsibility of all parents/legal guardians to guide their own children's use of the library, its resources and services. The Board recommends that libraries teach responsible and effective use of the Internet through handouts, online guides, training sessions, and Web pages highlighting library recommended sources. In addition, the Board encourages the management of this resource in ways that protect the privacy of Internet users. WOODBURN PUBLIC LIBRARY INTERNET POLICY Adoption of an Internet Access Policy by the Woodburn Public Library Board (08/11/99). Posting of the Library's Internet Access Policy on the opening screen of the Library's home page, which will be viewed before proceeding to the Internet (09/01/99). Provision of children's Internet workstations with a special home page offering a selection of sites and tools geared to the age, interests, and abilities of children. This will be a standard feature on the opening screens of children's workstations, and available on all other workstations. (Children's page established 09/01/99.) Children under twelve years of age must be accompanied by a parent or guardian. Provision of information and tips to children and parents on how to use Library I nternet workstations. Library Internet workstations are not equipped with filters or blocking software. This provides full access to information by Library users of all ages. Library staff will not assist users in the use of e-mail, chat rooms, and other forms of personal communication. This Library is not a provider of individual Internet or e-mail accounts to patrons. o Limitations of the amount of time a person can use workstations will be imposed to make workstations more accessible to all potential users. 4 Noise and rowdy actions will be cause for suspension of the current session and repeated problems will be cause for suspension of privileges. 10. Limitation of two persons per workstation will be imposed. MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S REPORT: July 28, 1999 Phyllis Bauer - Present Barbara Pugh - Present Kay Kuka - Present Pat Will - Present Dorothy Jaeger - Present Mary Chadwick - Present Ex-Officio Linda Sprauer, Library Director Judy Coreson, Recording Secretary Gloria Predeek, previous Library Board member President Dorothy Jaeger called the meeting to order at 1:00 P.M. after a luncheon at Sally's Restaurant in honor of out-going board member, Gloria Predeek, and in-coming members, Kay Kuka, Barbara Pugh and Pat Will. The monthly Board minutes of June 23, 1999 were approved as submitted. Monthly Statistics: The monthly statistics were self-explanatory. Circulation statistics continue to show a decline. Linda reported that nationwide use of libraries is up, but circulation is down. Comments were made that during a good economy there are more choices of activities for people rather than come to the library. The number of people visiting the library for the month of June was 13,791. Activities: A list of activities was distributed to the Board. "Night at the Library" continues through July. There has been a good response to the Children's Summer Reading Program. The Woodbum Library and The Friends of the Library present Summer '99 in the Library Park at 7 P.M. Punch and cookies are provided. "Music in the Park" began with the first of six programs on Tuesday, July 20 with "Molly Bloom," a traditional and contemporary bluegrass music by Ron Relaford and his band. Tonight, Wednesday, July 28, members of "The Old-Time Fiddlers Association" will entertain. One is our own part-time reference librarian, Anne Seaman. "John Eichsteadt & Company Band," sponsored by the Woodburn Downtown Association for Neighborhood Night Out, is scheduled for Tuesday, August 3. On Tuesday, August 10, Joni Harms will perform. She is a country and western singer from Canby,. Special sponsorship is by American Marine Service (Al Sprauer) and A. C. Appliance (Norm & Marie AIIphin) of Hubbard. On Wednesday, August 18, dancers from the Willamette Ballet will perform "Peter and the Wolf," followed by tap dancers from Woodburn Parks and Recreation. Also, a puppet show of "Aesop's Fables" will be presented by Noah and Joel Buck of St. Paul. The last program on Wednesday, August 25, is a performance by "The Oregon Trail Pitchpiper Chorus," who will sing barbershop favorites and the "Sweet Adelines," who will sing popular "oldies." Judy Brunkal, Librarian, has organized the "Music in the Park" programs. Staff News: Jo Marshall, pad-time Library Assistant, has resigned effective August 21, but will continue as on-call status. She is continuing with her studies as a Senior at Willamette University. Volunteer of the Month: Paul Smith was chosen for Volunteer of the Month for June. Budget: Under the new budget for 1999-2000, the building maintenance line items are no longer included in the library's budget. All of the city departments building maintenance line items will be expended by Maintenance personnel. Project Updates: Even though fuses and some parts have been replaced, the HVAC system is still having problems. The contract for the engineering study of the HVAC system has been signed. An engineer from R & W Engineering has been to the library and will meet on August 10 with city staff. Linda asked if any of the Board members could attend. The engineering company will give recommendations to solve the problem with the library's HVAC system. The engineering and specifications should be done by September. The engineering study has been funded, but the actual work has not been funded. The engineering study of the exterior of the Carnegie building by Dortignacq and Associates has begun. Funding is in place for the study, but not for the actual work. Matt Smith, an assistant to the City Administrator, is applying for the Carnegie building to be on the historic registry. At that point, grants may be available for funding the refurbishing of the outside of the building. The underground sprinkler system on the north and west side of the library has been completed. Now some of the landscaping will be upgraded. New shelving has been received but not assembled as yet. Furniture Library Board Minutes - 7/28/99 2 has also been purchased. Some Of this work has not been done due to the fact that the city has three new facilities, but no additional employees on the Maintenance crew. Linda met with Randy Rohman, Public Works Program Manager, concerning placement and replacement of telephones. The new phone system should be installed sometime this Fall. The purchase of a self-checkout unit is budgeted for this year. Linda will be returning a questionnaire to 3-M to determine the needs of the library. Linda will also contact another company concerning the self- checkout system. The repositioning of barcodes to the back side of library materials has begun. About 25% of the collection has been done by re-scheduled "Sunday" staff and volunteers. A micro film reader/printer will be purchased. New computers have been purchased. At least one of the computers will replace a PAC "dumb" terminal. OLD BUSINESS: "Planning For Results" Report: Pat Will reported on the State Library's training session at Salem Public Library on June 24% which she attended with Phyllis Bauer, Kay Kuka and staff member, Donna Melendez. Internet Policy: The discussion of the Internet Policy will be forwarded to the next monthly meeting. NEW BUSINESS: Monthly Meeting Date: The Board changed the monthly meeting date to the second Wednesday of the month at 12 Noon because of conflicts on the fourth Wednesday of the month. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 2:30 P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 7/28/99 3 [lllltFl WOODBURN PLANNING COMMISSION August 12, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Comm,ssioner Commissioner Comm,ssioner Commissioner Commissioner Commissioner Young P Cox P Will P Lawson A Lima P Mill P Bandelow P Lonergan P Heer P Staff Present: Steve Goeckritz, Community Development Director Jim Mulder, Senior Planner 8C MINUTES Chairperson Young referred to Discussion Item A on page 3 of the minutes and stated that it is actually a Douglas Fir tree not an Oak tree. Commissioner Will moved to accept the July 22, 1999 minutes. Commissioner Lima seconded the motion, which carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A.~. Bruce Gunderson Resignation Chairperson Younq inquired whether Bruce's resignation was due to medical reasons? Staff replied affirmatively. B_~. Commissioner Walt Lawson's Disposition Vice Chairperson Cox inquired when did Walt go into French Prairie Care Facility? Staff stated it was his understanding in speaking with the Mayor, that Walt had to go back into the care facility. Planning Commission Meeting - August 12, 1999 Page 1 of 9 8C PUBLIC HEARING A. Site Plan Review 99-12, Variance 99-08, Bridgeway, 399 Youn.q St. (continued). Chairperson Young opened the public hearing. Staff reminded the Commission that the applicable ORS Statement 197 was read at the last Commission meeting and the hearing was opened and continued to this date. Staff provided presentation as reflected in the Staff Report. Discussion Commissioner Lima requested clarification in regards to the B-2 requirements. Staff explained this is a group facility requirement. Commissioner Lima asked when will the current structure be removed? Chairperson Young inquired about the driveway approach. Staff remarked that the existing driveway is deteriorated and will be replaced. Commissioner Lonergan questioned if the neighbors have been notified about this project? Staff responded we are required to notify everyone within 100 feet. He added the notices went out 20 days prior to the hearing. Testimony by the Applicant Chuck Dale, Modular Concepts reported that the business owner stated they receive UPS deliveries approximately four times a year. Mr. Dale added that the need for a truck loading area would be insignificant. Chairperson Young stated he did visit the site and inquired if the property line is where the chain link fence is in the back? Chuck Dale replied the existing fence on the two sides is inside the property line almost by 5 feet. He added Wilhelm Engineering verified the property corners and all the setbacks will be made from those verified corners. Mr. Dale stated the existing fence will be replaced. Vice Chairperson Cox asked if the business will be shut down during construction or will they try to continue to operate during the construction phase? Chuck Dale reported they have about a 45 day time line. They will start excavation as soon as they can obtain the permits. The foundation will be poured and the building will be brought in and crane set onsite and finished up in about three weeks. They will then physically move their furniture and business from the old structure into the new structure Planning Commission Meeting - August 12, 1999 Page 2 of 9 8C on a Friday and by Monday morning the old structure will be gone. Commissioner Mill inquired how the structure will be disposed off? Chuck Dale responded he has contracted with a firm that will come in and crush the structure. They will haul it off and will have all the DEQ permits to remove lead piping, asbestos and floor covering. Mr. Dale further explained that the foundation will be left on site but it will be broken up and crushed into the bottom of the hole and filled in. Commissioner Lima asked if the existing weeping tree will be removed? Chuck Dale replied it is the focal point of what they are trying to save. He added this was one of the key issues in determining how much parking there was. Chairperson Younq questioned if there will be parking available on the Monday after the structure has been removed? Chuck Dale stated there will be a fresh gravel parking lot. The week following they will do the paving. Chairperson Young wondered if this is a condition of approval? Chuck Dale commented the conditions states that it has to be asphalt paving with curbing. The parking lot has been designed as a water retention area and is metered into the street so it does not dump in all at one time. Staff interjected to say that in these cases a temporary occupancy is issued until such time all the conditions have been met. Chairperson Younq brought up Vice Chairperson Cox's question regarding garbage collection? Chuck Dale remarked they currently have a 60 gallon cart and they have no need to change this. He added their intention is to go farther and farther away from paper products with the creation of the new site and the computer system they will installing. Commissioner Lonergan expressed his concerns regarding the parking and the operational hours. He asked if this is a 24 hour complex? Chuck Dale said it is not. The operational hours that he is aware of are roughly 8am-5pm, 8am-6pm beyond this he does not know and would have to find out. He stated it is not a Saturday-Sunday operation. Commissioner Lonergan also inquired if there are 110 clients, how many of those might need a handicapped parking access? Planning Commission Meeting - August 12, 1999 Pag'e 3 of 9 8C Chuck Dale replied he has no idea. He added that most of these people are on a diversion program and have lost their driver's license and therefore, are being dropped off by others. Commissioner Lima asked how many people are seen at the facility per day? Chuck Dale responded 100-110 a week. Furthermore, there are only 2 full time people on staff. Mr. Dale added it is a minimal impact. Vice Chairperson Cox commented most diversion programs are usually held in the evenings. He added he would be very surprised if it were an 8am-5pm or 8am-6pm operation. Commissioner Lonergan sees a potential parking problem on Young St. if there are group sessions in the evening. He also expressed his concerns regarding growth and what will occur when this happens. Chuck Dale stated that the applicant has indicated that it has been 100-110 for approximately three years. He added there is growing competition in their business and is one of the reasons why they want to improve this facility. Mr. Dale commented that the present facility is a fire trap and is rodent infested. Commissioner Will inquired whether the new facility is larger than the old facility? Chuck Dale replied it is approximately 20% larger. Commissioner Will asked what the service areas are and what does this company do? Chuck Dale responded as far as he knows they just service the Woodburn area because they have a large facility in Salem. Mr. Dale commented that Vice Chairperson Cox could better answer this question as to what the company does. Vice Chairperson Cox stated that they provide driving under the influence (DUll) diversion programs. He explained this is a court ordered program where people go to a series of classes for about 36 hours of class time and avoid a conviction. It is basically an alcohol awareness and education program. Chuck Dale reported that the group sessions are usually groups of 3 or 4 and not 25 people. Chairperson Young asked Staff if there are any recommendations or suggestions of building materials? Staff stated none were mentioned. Planning Commission Meeting - August 12, 1999 Page 4 of 9 8C Testimony by Proponents None Testimony by Opponents None Chairperson Young closed the public hearing. Discussion Vice Chairperson Cox commented he is not thrilled by the project but on the other hand it is an improvement of what is there now and it will not put any additional load in the neighborhood. He stated the applicant will improve the situation rather than make it worst and therefore, he is in favor of the project. Commissioner Mill has no objections to the project and thinks it is a good sound plan. He added Bridgeway has done a lot of work in the community since 1986 with drug and alcohol diversion and anger management. He added they have been a worthwhile contributor to the City and has benefitted the City by taking a lot of municipal court cases and people from that court. Commissioner Bandelow sees no objections to the project. Commissioner Lima pointed out that the applicant shall provide Staff with a final lighting plan. Chairperson Younq interjected to say this will be a condition to obtain the permit. Commissioner Will said he is disappointed for the lack of information from the applicant and therefore, he did not have the opportunity to ask what he felt were pertinent questions. He added that he always has a problem when they over build a building and ask for Variance to include the parking. He will not support the Variance. Commissioner Lonergan also stated he is surprised that the applicant himself is not here. He agrees with Commissioner Will that there are some questions that he is concerned with growth. However, he has no problem at all with the concept of the plan and the building looks fine. It will definitely be an improvement over what is there. He added that we have to be concerned with future parking any time we look at commercial. Commissioner Lonergan will support the project in knowing Bridgeway's history. Commissioner Heer will also support the project. Chairperson Young commented the parking plan would accommodate the traffic. He added he would like to see the site cleaned up which will encourage the neighbors to take a more active role in their landscaping and neighborhood and therefore, he will support the Planning Commission Meeting - August 12, 1999 Page 5 of 9 8C project at this time. Vice Chairperson Cox moved to approve Site Plan Review 99-12 and Variance 99-08 subject to the conditions set forth in the Staff Report and a formal order in regards to the Variance be presented at the next meeting. Commissioner Mill seconded the motion. Motion carried with Commissioner Will voting No. FINAL ORDER None DISCUSSION ITEMS A. Site Plan Review 99-16, Woodburn School District, 777 East Lincoln St. (administrative approval). Chairperson Younq reported he visits Washington Elementary School several times a year in regards to their Safety Town Program. He added that these improvements would be beneficial to the children. Commissioner Lonergan stated covers are needed because it is Oregon and it rains a lot. Vice Chairperson Cox commented he is in favor of the project however, we must realize the school is locking in those so-called temporary classrooms and providing covered walkways for them. Vice Chairperson Cox moved to concur with Staff's approval of this application. Commissioner Lima seconded the motion, which carried. B. Site Plan Review 99-17, KWBY 940 Radio, Placement of four satellite dishes in the new NAPA Auto Parts site. Commissioner Lima expressed his concerns because he does not know exactly where the NAPA property ends and where the apartment building starts. He added the satellite dishes are quite high in elevation and one of the dishes has to point southeast. Staff interjected to explain that the applicant wanted to show why they had to put them out towards the parking lot and not next to the building because the building would be blocking the reception. Commissioner Lima stated this area would not be able to be utilized in case of an emergency. He said sooner or later this will be a problem for vandalism if the dishes are not secured in an area. Commissioner Mill pointed out there are 13 feet from the edge of the wooden eave of the multi-family building to the metal wall of the NAPA building which is not enough room to play with if you put in a 6 foot antenna. Planning Conzmission Meeting - August 12, 1999 Page 6 of 9 8C Commissioner Lima inquired how will the antennas be protected from the parking lot? Staff responded there will be curbing. It is Staff's assumption that the applicant will take whatever precautions they need to take in putting up some kind of posts to protect the dishes. He added there will be a 7 foot solid wood fence or block wall on the west side between the apartments. Commissioner Cox remarked he has no aesthetic problem with having the dishes back in an area that isn't that visible to the street as they are located at the present location. He stated nothing is totally vandal proof but this is the applicant's problem and not the Commission's. Chairperson Young asked Staff if a single permit will be required for however many dishes are to be determined? Staff responded there will be a structural permit for the footing and an electrical permit if there is electrical work. He added they do not review the dishes themselves but just the pole going into the ground. Chairperson Young commented we do need a radio frequency facility in the area if we had emergencies. Commissioner Lima does not think a 7 foot fence will be enough to prevent vandalism. Commissioner Mill concurred with Commissioner Lima. He also commented a 10 foot high dish will become the biggest, highest gang graffiti billboard you've ever seen in the City of Woodburn. It will be very visible from Alexandra and from the McDonald's parking lot. He also expressed his concerns regarding the distance between the structures. Vice Chairperson Cox moved to concur with Staff's recommendation and not call for a public hearing. Commissioner Bandelow seconded the motion, which carried. Commissioner's Mill and Lima voted No. C_. Memo from Bob shields, City Attorney regarding Sign Ordinance revision. Chairperson Younq referred to the last bullet of the memo and inquired if the amortization provision is the plan the City of Keizer used? Staff replied yes. Chairperson Younq also asked if the City Attorney is suggesting that the Commission not use that type of incentive? Staff stated the City Attorney is just pointing out the fact that it is very questionable as to whether or not that works. Planning Commission Meeting- August 12, 1999 Page 7 of 9 8C Commissioner Bandelow understood that it favored content rather than the type of sign. Vice Chairperson Cox commented he is very disappointed with this opinion. He does not understand it; does not know why he wrote it and does not know what he is saying. Chairperson Young informed he was very intrigued by the plan the City of Keizer used to encourage the people to upgrade their signs by the ways of financial incentives. He added he is disappointed the Commission did not get to do more sign work. Staff responded sign work is off the table for a while as per the City Administrator. REPORTS A~. Building Activity Report for the Month of July 1999. Chairperson Young commented we are holding steady and up a little bit from last year. Commissioner Will excused himself from the rest of the meeting due to a bad headache. B~. Boones Ferry Street Improvement (to be handed out at meeting). Staff explained the letter is from Randy Scott, Public Works in response to Commissioner Bandelow's request for time frames regarding the Boones Ferry Road north of Highway 214 improvement. C_~. Copy of an article taken from "The Statesman Journal" dated 7-28-99 regarding Wood Park Terrace, a 52-unit apartment complex. Article was provided for informational purposes. BUSINESS FROM THE COMMISSION Vice Chairperson Cox referred to and read from an article from "The Oregonian" regarding the development of a concept called "concurrency" which states new development is not permitted until the roads, sewers, parks and other services are in place. He added that the legislature passed a bill this year and signed by the Governor last month, amends the law banning development moratoriums to allow broad based concurrency policies as part of planning infrastructure for growth. Vice Chairperson Cox requested Staff to obtain information as to what the changes have been. Commissioner Mill complained about the house trailer on Van Lieu Ct. being there for over a month. He also raised the issue regarding Shop N Cart fixing their fence. He suggested that for right now they should tack weld the fence because nothing else will hold it. Staff will see what he can do and will come back with a memo as he did for Commissioner Bandelow. Commissioner Bandelow expressed her concerns regarding the safety hazard with the fire lane in front of Shop N Cart being blocked consistently. She said small children run around Planning Commission Meeting - August 12, 1999 Page 8 of 9 8C in between the cars that are parked there. Staff will relay this information to the Fire Department and have them contact Shop N Cart regarding this issue. Commissioner Lonergan inquired whether the City Council replied to their letter regarding portable toilets? Staff responded yes. He stated the City Administrator has been moving from California to Oregon and has not had the opportunity to obtain the response that the Commission is requesting. ADJOURNMENT Commissioner Lonergan moved to adjourn to the joint meeting with Parks & Vice Chairperson Cox seconded the motion. Motion unanimously carried. Recreation. Meeting adjourned at 8:30 p.m. Planning Commis,¥ion Meeting - Augu.~'t I2, 1999 Page 9 of 9 8D MINUTES WOODBURN RECREATION AND PARKS BOARD August 12, 1999 Centennial Park The Board met at 6:30 p.m. at Centennial Park for a tour. The included comments on ballfield conduits being in place for sc. needs, the use of the ballfield for soccer in the fall, trees, amending the soil to enrich it, weeds, build the Ii lights, etc. A group of skateboarders met the B{ there. to City Hall for the meeting. 1. CALL TO ORDER - The meeting was Lee Ehrens. )n other of the street ~'~: 7:10 p.m. by Chair 2. ROLL CALL - Members Present: Greenwell, Darryl Kelly, Dorothy Figley. Members Staff Kathy Willcox, Aquatics Janet :il Liason Kathy and Parks Director; Smith from the Office of the July 13, 1999 Meeting be which then passed unanimously. Tualatin, was set ilo, wood, and [ENCE: A tour of skateboard facilities in members and skateboard enthusiasts alike Vans will leave the Community Center at 4 p.m. to skate in the Gazebo in Settlemier Park, as the have complained that their dogs bark with the noise. ;INESS THE DIRECTOR: Services: The Board reviewed a written report t?om questioned how the youth tackle football program at going and wanted an update on the Drop-In Center at Settlemier Park. Randy described the process of hooking up the utilities, and said that the interior needs finishing. Brian's securing 982-PLAY was appreciated, as is Kathy's 981- SWIM. Aquatics: Kathy Willcox reported that numbers compared to 8D last year for facility usage are down; she attributed this to the weather, as it has not been a very hot summer. Her assistant Dave Neagle has moved into a position working for the Maintenance Division, and she will report within a meeting or two concerning the decisions to fill that post. The two-week maintenance shut- down will be in November; High School team practices will, however, be facilitated during the annual closure. Kathy reported that she is still t~ing to reach coaches to discuss times lbr out-ot:town team practices - outside "prime t~e". Randy reported that the Department is waiting tbr an engineer's report on the pool rool~ it is thought that the interior humidity may have created the :Potemial for structural deterioration. Options are being sought. Randy said a rep°~ will be made to the Co~cil soon. :' ~-. Lee questioned how the marketing plan was be~g.~plemented. RandYand Kathy work on this together and will have monthly eventS~d~Pmmotions. Parks Maintenance: Randy rep6:~ff6~Jo~ who is on vacation that there has been the oppo~tO~temally ~~nd move several people aro~d, affording both reco~t~on~ana;:~h~to staffmembers. The people Nvolved are Dave Neagle, Rick Par~e'? and K~'~ii'0'~,:~¢re will be recruitment for one and a half custodial positiofi:~. . Randy said, too, that the Fies~ent well, that t~re had been li~le damage and that evewone had left on t~¢~:{~:~e said~e was pleased with the way that tNngs 6. BUS--SS:/ ~A~!'Lee had some thoughts on events manageme& f6}:donsideA&h::;';he said the way events are handled could be better organized, witfi~:a ~ntracffrUleS~d higher fees. He thou~t it would be be~er to contractwim:ifiai a lboothh~lders than event organizers, themselves, that it would b~tter info~)~°ne of what was expected. He Wanted to see ;8 361ice at events like the Fiesta. Randy said that it ought to be Ci'ty Managemen~ihai: is on site to evaluate who is needed. :i~e suggested n~grenewals and treating the situation more like a business as ~. for mor%~fitrol. Park Rules and Special Events Rules were discussed. ~~~~eso~ce Kit would be a good idea. t{:.~s~¢p6~ed that an Event Coordinator, a produce of events, might be an idea whose time is co~ng. Da~l thought it would be good to take several months to focus on this, with some concrete ideas before C~istmas. This was suggested as an agenda item for September's meeting, as was the formation of a committee to work on it. Jan asked for copies of c~ent Park Rules. 81) Dorothy shared photos of the volunteers from the Seventh Day Adventist Church who had helped clean and tend the park in Senior Estates. Randy said there were about 200 people each of whom gave about 5 hours of their time. He told the Board that Scouts planned to work at both the Aquatic Center and the North Marion Resource Center, spreading barkdust and re-painting signs. He and Matt Smith have been working on an adopt-a-park program idea that not only would help the area, but also be a way of recognizing the spirit of volunteerism that exists in Woodbum. There was a discussion of non-routine scheduling for fall meetings:giv~ everyone's busy schedules, and Lee asked that roi~ next time memb~:i~iiiS~'their calendars and thoughts on agenda items they woUld:~e~{o see included:"?'i:i~ill The discussion continued on Residential and Non-resident!al SDC s, higher fees for faclll~ use, and matcNng ~ants as means f6r ~ndmg ~ggested that the School D~stnct be approached for help ~n z~.p~ Leg~on'~'~Kathy smd ~t should go tkou~ the Co=cil. Ways,of~~~g,!hat fi ia'that are selg generating are what is sou~t. Randy made ~¢ B0~,~e that more focal . .:~,~. ..~., . ~;~- . .... a~eements between the C~ and ~e School D~stn~{5~6r'~ihanng famht~es are m the works, and will be t~oughout~a;~all. .- ' Lee said that there is the p61sibility~.OfS~fq~g''a-'', -- - Woodbm Soccer league with 20 teams· TNs~,:too, wo~dS~,'~other way~0~paymg for the repairs on Legion Field· 7. ADJO~ENT: D~lmoved to adjoin the meeting at 8:10 p.m. Dorothy seconded his mOfion.~d the ayes held it. 8D Notes on Thurs., Aug. 12 thWorkshop with the R&P Board and the Planning Commission... Members and Participants: Robert Mill, James Cox, Claudio Lima, Frank Lonergan, Ellen Bandelow, Terrie Heer and Royce Young of the Planning Commission; Lee Ehrens, Frank Anderson, Janet Greenwell, Darryl Kelly, Dorothy Senatra, Pat Watts of the Recreation and Parks Board; Kathy ~gl~y,.:COuncil Liason; Don Ganer, Consultant; and Staff Members, Randy ~~, Pat Chandler ~i:~i~i':'~':d ~6~{Ve the bacl~i5 and Smith, Steve Goeckritz, and Jim Mulder. Don Ganer was introduced to Workshop particj Summary of the Comprehensive Plan Proposal, approaches followed over the last two and a it. (The Needs Assessment was done in He said that criteria for Levels of Service were too high, they were never met. but to look at each situation itself. While reviewing the text of the P~ populations had been included requires service. There is a equal to the number of empl in In addition, Randy w~ Hei~anded arcs, bike. Given presentation had a the Pl~y dC issueiiiS considered Cox asked be includ~ for he has been working on the levels to have formulas the employee group of people also how many residential users are that the proposal considers ½ mile that are accessible by foot or ;cussion that followed Mr. Ganer's funding sources. Frank Lonergan, though, located along major arterials. Don said that routes in parks and greenways. The 214 Bike Path ,rtation Plan. land on Columbia Drive in Senior Estates, whether or not Lonergan wanted to know whether or not options had Oak Street; Randy said this was still a problem. the Commission members to know he felt everything rested on Small ticket items could be funded, he said, but larger costs would need different measures. Workshop participants brought up user fees, private monies, trusts and matching grants. Fees from company picnics and events like exhibition soccer games also were discussed. There seemed to be an agreement that items like building a new Community Center facility would require floating a bond issue. Don said the land cost was 8D included in the figure given in his report to do this. Rob Mill said that facility for youth would be, in itself, a good tool for passing a bond in Woodburn. He said to let the public know that other avenues had been explored and exhausted, and to tell the voter how much per $1000 it would individually cost instead of giving larger figures. "I want to know how much it is going to cost me," he said. The Planning Commission will take action at the September 9th Public Hearing. In general, there was voiced agreement with two of the goals, and seemed to be a concensus as to the direction being contemplated. The workshop was adjourned at 9:15 p.m. 81) EXECUTIVE SUMMARY In January 1997, the City of Woodburn hired Don Ganer & Associates, working in collaboration with David Reed, Ph.D., to update the City's Parks and Recreation Comprehensive Plan. The Woodburn Comprehensive Plan -- Woodburn 2014, along with the Oregon Statewide Planning Goals and Guidelines (1995), provide the primary framework for this Plan update. The planning service area includes both the current City limits and unincorporated lands within the Urban Growth Boundary. The planning time horizon is 1999 - 2020. The City currently owns 87.02 acres of land designated as parks and recreation facilities, and the Woodburn School District has 114.8 acres of public school facilities. The City and School District have a long history of sharing facilities, with school facilities used for parks and recreation, and City facilities used for education purposes. The City and School District are currently working to formalize this relationship. This Plan is designed to meet population and employment needs based on the application of specific Level of Service (LOS) Standards, and to address other needs identified by the community. Facility types and minimum standards for park size, service area, and acreage per population/employment have been developed to insure that residents and employees are adequately served by parks and recreation facilities. The LOS Standards were developed using recently updated guidelines of the National Recreation and Parks Association (NRPA) in it publication Parks, Recreation, Open Space and GreenwayGu/de//nes (1996). Unlike previous NRPA publications which provided specific LOS Standards for facilities (i.e., a Neighborhood Parks LOS Standard of 5.0 acres per 1,000 persons, etc.), the current NRPA Gu/defines suggest the development and adoption of local LOS Standards for the specific types of facilities important to the local community, and emphasize that Levels of Service should: 1 ) be practicable and achievable, 2) provide for an equitable allocation of park and recreation resources throughout the community, and 3) reflect the real time demand of citizens. The current NRPA Gu/defines also introduced the classification "School-Park", recognizing that public school facilities are routinely used for for parks and recreation activities. A Capital Improvements Plan which identifies $11,098,500 in projects designed to repair existing facilities and provide new facilities to meet LOS Standards for population and employment growth through the year 2020 is included as an appendix to the Plan. Woodbum Pa~k.~ [, Rec~¢alJo~ Compfeh¢~siv¢ Pla~ LIpdat¢ as of duly 27, 199g E. xe(:utJ ¥~ Sucnmary AlP CHECK LISTING FOR THE MONTH OF JULY 1999 CHECK NO 46664 46665 46666 46667 46668 46669 4667O 46671 46672 46673 46674 46675 46676 46677 46678 46679 46680 46681 46682 46683 46684 46685 46686 46687 46688 46689 46690 46691 46692 46693 46694 46695 46696 46697 46698 46699 46700 46701 46702 46703 46704 46705 46706 46707 46708 46709 46710 46711 DEPARTMENT POSTAGE MTR-VARIOUS SERVICES-PARKS PERMITS-VVVVTP VOID VOID VOID SERVlCES-WVVTP SERVICES-POLICE SUPPLIES-PARKS SERVICES-PARKS SERVICES-PARKS SERVlCES-ATTY SERVICES-PLANNING SERVICES-POLICE SERVlCES-ATTY SERVICES-PARKS SERVlCES-ENG SERVICES-COURT SERVlOES-VVWTP SERVICES-VARIOUS SUPPLIES-MAYOR SUPPLIES-PARKS SERVICES-STREET SERVICES-RSVP SUPPLIES-ENG SERVlCES-VVVVTP SERVICES-RSVP SERVICES-PUB WORKS REIMBURSE-PARKS SERVlCES-WWTP SERVlCES-ENG SUPPLIES-C STORES SUPPLIES-VWVTP SERVlCES-C STORES SERVlCES-WVVTP SERVICES-BUILD LIVING EXP-PARKS SERVICES-WATER SERVICES-COURT REIMBURSE-POLICE SERVlCES-ENG SERVICES-POLICE SERVICES-LIB/CTY HALL SERVICES-VARIOUS SERVlCES-ENG SERVlCES-WVVTP SERVICES-BUILD SERVICES-POLICE VENDOR NAME US POSTAL SERVICES LIVELY PARK SWIM CTR MARION CTY BLDG INSPEC VOID VOID VOID BEST WESTERN OR EMERGENCY MGMT LANGDON FARMS FAMILY FUN CTR OAKS PARK BEST WESTERN PORTLAND STATE UNIV STRATEGIES FOR BUSINESS ODAA ABBYS PIZZA AEROTEK INC A-QUALITY TYPEWRITER ARAMARK UNIFORM ARCH PAGING AWARDS & ATHLETICS HOUSEHOLD BANK CANDY EXCAVATING CANDY TELEPHONE CANTEL INC CH2M-HILL CIMA INSURANCE DAILY JOURNAL KRISTI DAVIDSON DEPT OF ENVIR QUALITY FEDERAL EXPRESS FORCE 4 COMPUTER IND WELDING IKON OFFICE INST OF MGMT ACCOUNT INT CONF OF BUILDING JVC WOODBURN LINDS MARKET MSI GROUP NITA MARR MULTI TECH ENG SERV NORCOM NW ELEVATOR CO NW NATURAL GAS ONSITE ENVIRON OR ANALYTICAL LAB OR DEPT OF CONSUMER OR DEPT OF MTR VEH VENDOR NO 02O089 NONE 012090 NONE NONE NONE NONE NONE NONE NONE NONE NONE 000027 000080 000420 00O534 000535 000580 001199 002056 002062 002075 002478 002485 003020 003072 003205 005080 O05242 O0810O 008119 008145 OO829O 009200 O1124O 012015 012232 012682 013198 013275 013350 014055 014107 O14199 014240 DATE 7/1/99 7/1/99 7/1/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7~8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8~99 7/8/99 7/8/99 7/8/99 7/8/99 AMOUNT $1,200.00 $496.00 $200.00 $0.00 $0.00 $0.00 $140.16 $50.00 $29.20 $665.00 $364.00 $169.06 $10.00 $158.00 $135.00 $71.5O $180.00 $210.00 $220.26 $180.27 $83.90 $490.91 $7,356.70 $19.95 $33O.OO $128,386.45 $2,348.65 $251.88 $83.91 $440.00 $15.75 $706.30 $32.00 $460.88 $295.00 $80.00 $215.OO $30.00 $125.00 $400.00 $5,922.36 $20,681.25 $3OO.OO $698.54 $928.70 $180.OO $5,633.O8 $13.00 Page 1 NP CHECK LISTING FOR THE MONTH OF JULY 1999 46712 46713 46714 46715 46716 46717 46718 46719 46720 46721 46722 46723 46724 46725 46726 46727 46728 46729 46730 46731 46732 46733 46734 46735 46736 46737 46738 46739 46740 46741 46742 46743 46744 46745 46746 46747 46748 46749 46750 46751 46752 46753 46754 46755 46756 46757 46758 46759 46760 46761 46762 SERVICES-STREET SUPPLIES-PARKS SERVICES-VARIOUS SERVICES-WATER SUPPLIES-VVWTP SUPPLIES-PUB WKS SUPPLIES-PARKS SERVICES-PARKS SERVICES-POLICE SERVICES-LIBRARY SERVICES-PARKS SERVICES-PUB WORKS SUPPLIES-VARIOUS SUPPLIES-STREET SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-WATER SUPPLIES-PARKS SERVlCES-VVW-rP REIMBURSE-PARKS SERVICES-PARKS SERVlCES-TRANS SERVICES-MAYOR SUPPLIES-PLAN PAYROLL-LIBRARY SERVICES-WATER PETTY CASH-VARIOUS POSTAGE MTR-VARIOUS SERVICES-PARKS SERVICES-PARKS SERVICES-WATER VOID VOID VOID REFUND-PARKS REFUND-VVTR/SWR REFUND-WTPJSWR REFUND-WTPJSWR REFUND-VVTR/SWR REFUND-WTR/SWR SERVICES-LIB REFUND-BUS LIC REFUND-BUS LIC SUPPLIES-PUB WKS BUILDING-PUB WKS REFUND-BUILD REFUND-POLICE REFUND-POLICE REFUND-POLICE SUPPLIES-WTR SERVICES-VVWTP PARKER NW PAVING PEPSI COLA CO PORT GENERAL ELEC RADIX CORP RED WING SHOE ROTHS IGA S&S WORLDWIDE RICH SANKER SHOOTERS MERCANTILE SIEMANS BUILD TECH ST LOUIS UNIVERSITY STATESMAN JOURNAL US OFFICE UNOCAL ERNIE GRAHAM UNITED DISPOSAL US WEST COMM VALLEY MAILING WALLACE VIDEO WATER ENVlRO FED KATHY WlLLCOX WOLFERS HEATING WBN CARCRAFT WBN FLORIST YES GRAPHICS OHIO NATL LIFE VALLEY MAILING CITY OF WOODBURN US POSTAL SERV FAMILY FUN CTR OAKS PARK VALLEY MAILING VOID VOID VOID ANNE TRIMBLE FRANK CORONADO THOMAS MOSHER TOLYA MENEYEV ERA NW PROF THE LUCKY CO OR OLD TIME FIDDLERS K-MART WBN DRIVE IN INST OF TRANS ENG JOHN HERSHBERGER N.C. CONSTRUCTION THERESA SWINSON EUGENE HERIGSTAD THOMAS P DREWEK A&A DRILLING SERV A&A PEST CONTROL 015150 015225 015420 017035 017138 017340 018017 018176 018453 018457 018718 018760 0191OO 020010 020020 020095 021044 022027 022091 022390 022460 022508 022600 024025 060400 021044 015255 020089 NONE NONE 021044 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 000010 000011 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8/99 7/8199 7/8/99 7/8/99 7/8/99 7/8/99 7~8~99 7/8/99 7~8~99 7~8~99 7~8~99 718199 7116~99 7/16/99 7/19/99 7~20~99 7/20/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23~99 7123199 7/23199 7~23~99 7~23~99 7~23~99 7/23/99 7~23/99 7~23~99 7~23/99 $14,619.50 $139.85 $21,966.08 $256.74 $164.20 $112.90 $52.02 $120.00 $250.00 $586.00 $176.69 $914.53 $239.36 $471.66 $65.00 $1,342.49 $672.00 $30.21 $280.00 $33.94 $273.69 $672.58 $49.00 $42.50 $32.74 $502.00 $123.56 $400.00 $416.25 $520.00 $387.60 $0.00 $0.00 $0.00 $104.00 $39.55 $28.28 $24.80 $15.90 $22.44 $60.00 $25.00 $25.00 $275.00 $158,685.00 $65.60 $150.00 $17.50 $271.50 $2,210.00 $65.00 Page 2 A/P CHECK LISTING FOR THE MONTH OF JULY 1999 46763 46764 46765 46766 46767 46768 46769 46770 46771 46772 46773 46774 46775 46776 46777 46778 46779 46780 46781 46782 46783 46784 46785 46786 46787 46788 46789 46790 46791 46792 46793 46794 46795 46796 46797 46798 46799 46800 46801 46802 46803 46804 46805 46806 46807 46808 46809 46810 46811 46812 46813 SERVICES-PARKS SERVICES-ENG DUES-PLANNING SERVICES-WATER SERVICES-WWTP SERVICES-PARKS/VVWTP SERVICES-POLICE SUPPLIES-POLICE SUPPLIES-STREET SERVICES-POLICE SUPPLIES-PARKS REIMBURSE-ADMIN SERVICES-PLAN SERVICES-COURT SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-POLICE SERVlCES-WWTP/ST SERVICES-POLICE SERVICES-WATER SERVlCES-WWTP SUPPLIES-TRANS SUPPLIES-POLICE SERVICES-PARKS SERVICES-LIB SUPPLIES-FINANCE SERVICES-LIBRARY SERVICES-PUB WKS SUPPLIES-VVWTP SERVICES-FIN SERVICES-WVVTP SERVICES-VARIOUS DUES-POLICE SERVICES-PUB WKS SERVICES-WWTP SERVICES-POLICE SUPPLIES-AT'fY SERVICES-PARKS SERVICES-VARIOUS SERVICES-VVWTP SUPPLIES-VARIOUS SERVICES-PARKS SERVICES-WVVTP SERVICES-VVTR SUPPLIES-STREET SERVICES-VARIOUS SERVICES-ENG SERVICES-WWTP SERVICES-PARKS SUPPLIES-ATTY SERVICES-PUB WKS ACE SEPTIC AEROTEK INC AM PLAN ASSOC AMTEST OREGON LLC ARAMARK UNIFORM AT&T AT&T LANGUAGE LINE BALLOON WHOLESALERS BATTERIES PLUS BIKES N MORE BI-MART CORP JOHN BROWN ROGER J BUDKE MARGOT COMLEY WH CRESS CO CRYSTAL SPRINGS WTR DATEC INC DEPT OF ENVlR QUALITY DAVID DRYDEN FIN CONSULT SOLUTIONS HD FOWLER CO FRONTIER INDUSTRIAL GALLS INC DON GANER & ASSOC GE CAPITAL GOVT FIN OFFICERS ASSOC GREER BROS LANDSCAPE HERALD S HASKELL HPC SCIENTIFIC IKON TECH SERV lOS CAPITAL IKON OFFICE INTL ASSOC CHIEFS KITTELSON & ASSOC RANDALL LANGBEHN LEGACY LAB SERV LEGIS COUNSEL COMM LEISINGER DESIGNS LUCENT TECH MARION CTY BLDG INSPEC METROFUELING MUFFLERS HITCHES & MORE NEXTEL COMM NORLIFT OF OREGON NW TRUCKSTELL ON CALL CONCEPTS ONSITE ENVIRON OR ANALYTICAL LAB OR BLDG CODES AGENCY OR DEPT OF MTR VEHICLE PACIFIC NETCOM 000031 000080 000270 000400 000534 000623 000659 001080 001161 001265 001275 001490 001580 002686 002906 002919 003063 003205 003280 005094 005210 005362 006011 006014 006079 006238 006300 007099 007189 008117 008118 008119 008220 010093 O11O29 011188 011200 011202 011370 012090 012448 012655 013188 013200 013320 014054 014055 014107 014160 014240 015038 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 $220.00 $175.00 $290.00 $423.00 $435.45 $55.16 $8O8.23 $672.37 $49.99 SS0.00 $64.8O $39.85 $2,700.00 $112.50 $2,135.00 $63.OO $2,693.00 $8,313.00 $90.00 $210.00 $103,214.60 $75.00 $39.30 $442.00 $301.35 $104.50 $5,500.00 $500.00 $46.67 $4,800.00 $141.05 $473.99 $100.00 $19,427.98 $212.00 $66.00 $90.00 $2,825.00 $621.90 $777.24 $3,703.50 $48.77 $311.39 $127.98 $176.09 $112.50 $1,556.20 $1,533.00 $57.20 $11.50 $218.50 Page 3 NP CHECK LISTING FOR THE MONTH OF JULY 1999 46814 46815 46816 46817 46818 46819 46820 46821 46822 46823 46824 46825 46826 46827 46828 46829 46830 46831 46832 46833 46834 46835 46836 46837 46838 46839 46840 46841 46842 46843 46844 46845 46846 46847 46848 46849 46850 46851 46852 46853 46854 46855 46856 46857 46858 46859 46860 46861 46862 46863 46864 SUPPLIES-ENG SUPPLIES-PARKS SUPPLIES-WWTP SERVICES-CITY HALL SERVICES-VARIOUS TICKETS-PARKS SERVICES-ADMIN SUPPLIES-STREET SERVICES-BUILD SUPPLIES-COURT SERVICES-PARKS SERVICES-STREET SERVICES-STREET REIMBURSE-ATTY SERVlCES-C GARAGE SUPPLIES-VARIOUS SERVICES-PUB WORKS SUPPLIES-STREET SERVICES-PUB WKS SERVICES-PARKS SUPPLIES-WATER SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-ATTY SUPPLIES-POLICE SERVICES-POLICE FRANCHISE-CABLE TV SERVICES-VARIOUS SERVlCES-WWTP SERVICES-PARKS LOAN PAYMENT-WWTP ADMISSIONS-PARKS SERVICES-WATER VOID VOID VOID SUPPLIES-LIBRARY REFUND-NON DEPT SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-ATTY SUPPLIES-ENG REIMBURSE-BUILD SERVICES-LIBRARY SERVICES-WWTP TEMP EMPLOYEE-ENG SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-LIBRARY SERVICES-VARIOUS SERVICES-POLICE PACIFIC OFFICE PACIFIC PRINTERS PACIFIC PURE BOTTLED PIONEER GLASS PORT GENERAL ELEC PORT TRAILBLAZERS PROF VIDEO & TAPE RED WING SHOE RLM CONSULTING ROTHS IGA RYDER STUDENT TRANS SALEM ROAD & DRIVEWAY SHAPIRO & ASSOC N ROBERT SHIELDS SPENCER ENVIRON US OFFICE PRODUCTS TICOR TITLE INSURANCE UNOCAL:ERNIE GRAHAM UNION PACIFIC RAILROAD UNITED DISPOSAL UNITED PIPE US WEST COMM WALLACE VIDEO WEST GROUP WHEEL GRAPHICS WlLSONVlLLE LOCK WBN COMMUNITY ACCESS WBN INDEPENDENT JAMES W FOWLER OREGON ZOO DEPT OF ENVIR QUALITY RICH SANKER VALLEY MAILING SERV VOID VOID VOID HOLY FAMILY SUPPLY MR COOL INC LION & PHOENIX BOOKS CHILDRENS BOOK BEST WESTERN CAMERA WORLD DAVID MARET JONI HARMS A&A PEST CONTROL AEROTEK INC AG WEST SUPPLY AIR TOUCH CELLULAR AM INST FOR EDUCATION ARAMARK UNIFORM AUTO ADDITIONS 015042 015058 015059 01533O 015420 015455 015552 017138 017257 017340 017500 018137 018425 018450 018691 O1910O 019148 020010 020015 020020 020030 020095 022027 022160 022280 022422 022547 022630 005215 NONE 0O3205 018176 021044 NONE NONE NONE NONE NONE NONE NONE NONE 000011 000080 000096 000113 000240 000534 000558 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/23/99 7/27/99 7/27/99 7/28/99 7/29/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 $1,743.00 $17.50 $58.00 $1,238.95 $9,832.31 $530.00 $168.42 $54.OO $4,083.50 $34.26 $434.88 $46,360.57 $935.32 $104.00 $65.00 $741.89 $85.00 $604.30 $274.85 $504.60 $6.36 $3,998.59 $46.96 $478.74 $647.87 $204.50 $2,106.45 $187.00 $103,214.60 $369.00 $167,792.37 $78.75 $418.00 $o.oo $o.oo $o.oo $38.9O $36.50 $3O.9O $34.OO $84.53 $24.99 $2OO.OO $100.00 $85.00 $3OO.OO $16.80 $814.86 $59.95 $419.64 $134.99 Page 4 NP CHECK LISTING FOR THE MONTH OF JULY 1999 46865 46866 46867 46868 46869 46870 46871 46872 46873 46874 46875 46876 46877 46878 46879 46880 46881 46882 46883 46884 46885 46886 46887 46888 46889 46890 46891 46892 46893 46894 46895 46896 46897 46898 46899 46900 46901 46902 46903 46904 46905 46906 46907 46908 46909 46910 46911 46912 46913 46914 46915 SUPPLIES-MAYOR SERVICES-STANTR SERVICES-PARKS SERVICES-WATER REIMBURSE-ENG SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-STREET SERVICES-LIBRARY SERVICES-SELF INS RETAINAGE-PUB WKS SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-STREET SERVICES-PUB WORKS SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-LIBRARY INTERNET-FINANCE SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-ADMIN SUPPLIES-VARIOUS SERVICES-COURT SUPPLIES-WVVTP SUPPLIES-STREET SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-PARKS SUPPLIES-WVVTP SUPPLIES-PARKS SERVICES-SELF INS SUPPLIES-LIBRARY SERVICES-FINANCE SERVICES-VARIOUS SUPPLIES-TRANSIT SUPPLIES-STREET REIMBURSE-MAYOR SERVICES-PARKS AWARDS & ATHLETICS AT&T AT&T WIRELESS BACKFLOW MANAGEMENT DUANE BARRICK HOUSEHOLD BANK BEN-KO-MATIC BEN FRANKLIN BI-MART CORP BRODART INC CASE AUTOMOTIVE CASCADE COLUMBIA DIST CESSCO INC CHEMEKETA COMM COLL CIS:CITY COUNTY INS CITY OF WOODBURN CLACKAMAS LOCK COASTAL FARM CONSOLIDATED SUPPLY CRANE & MERSETH CREATIVE PUBLISH DAVlSON AUTO PARTS DAVlSON AUTO PARTS DEMCO DIRECT LINK EDUCATORS PROGRESS EMER MEDICAL PROD FAMILIAN NW FARM PLAN FIRST AMERICAN TITLE FISHERS PUMP FLINT TRADING HD FOWLER CO JAMES FOWLER CO FOTO MAGIC GK MACHINE GENEALOGICAL PUB ROBERT W GIBSON GW HARDWARE HACH CHEMICAL HERSHBERGER MTRS HPC SCIENTIFIC HILLYERS MID CITY HUGGINS INSURANCE INGRAM DIST GROUP IKON TECHNOLOGY IKON OFFICE SOLUTIONS INTERSTATE AUTO PARTS J-2 DISTRIBUTORS RICHARD JENNINGS JVC WOODBURN 000580 000623 000655 001033 001148 001199 001200 001205 001275 001570 002190 002218 002330 002410 002488 002525 002558 002625 OO277O 002896 002903 003080 003081 003110 003240 004083 004143 005030 005062 005125 005147 005178 005210 005215 OO5258 006009 006070 006175 006405 OO7O3O 007150 007189 007228 007333 008116 008117 008119 008295 009005 009095 009200 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/3O/99 7/30/99 7/30/99 $103.00 $10.99 $14.03 $3,000.00 $131.98 $1,169.89 $1,2O0.35 $45.63 $52.53 $12.27 $917.58 $1,305.00 $238.38 $3O3.7O $97,480.31 $5,814.66 $270.00 $1,27O.35 $31.38 $13,551.17 $46.13 $568.8O $9 .O3 $66.45 $30O.OO $52.90 $102.53 $228.96 $478.21 $205.00 $40.21 $839.52 $299.53 $254,755.45 $126.76 $62.18 $65.41 $2,787.90 $546.89 $75.OO $400.00 $429.19 $8,123.23 $8,826.50 $1,662.63 $2,925.00 $950.69 $136.39 $1,586.44 $70.50 $107.50 Page 5 AlP CHECK LISTING FOR THE MONTH OF JULY 1999 8E 46916 46917 46918 46919 46920 46921 46922 46923 46924 46925 46926 46927 46928 46929 46930 46931 46932 46933 46934 46935 46936 46937 46938 46939 46940 46941 46942 46943 46944 46945 46946 46947 46948 46949 46950 46951 46952 46953 46954 46955 46956 46957 46958 46959 46960 46961 46962 46963 46964 46965 46966 SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-WVVTP SERVlCES-WVVTP SERVICES-NON DEPT SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SERVICES-NON DEPT SERVICES-PARKS SERVICES-POLICE SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-WATER SERVlCES-ADMIN SUPPLIES-WVVTP REIMBURSE-POLICE TEMP EMPLOYEE-ENG SUPPLIES-WVVTP GRANT-WWTP SERVICES-FINANCE SERVICES-ATTY SUPPLIES-RSVP SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-LIBRARY SUPPLIES-STREET SUPPLIES-WVVTP SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-PARKS SERVICES-PARKS SUPPLIES-STREET SERVICES-STREET SUPPLIES-TRANSIT SUPPLIES-VARIOUS REIMBURSE-PARKS SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-VVWTP SERVICES-WWTP SERVICES-VARIOUS JEAN KARR & CO L&L BUILDING SUPPLIES LAB SAFETY SUPPLY LANDMARK PACIFIC LEAGUE OF OR CITIES LAWRENCE CO LEGISLATIVE COUNSEL LIBRARY ASSOCIATES LINCOLN EQUIPMENT LOCAL GOV'T PERSON'L LUCENT TECH MARION COUNTY DIST ATTY MARION ENVIRON SERV MCCORMICKS BARKDUST MR P'S AUTO PARTS MITCHELL LEWIS MODERN BUILD SYSTEMS NORTHSTAR CHEMICAL PAUL NULL ONSITE ENVIRON OR ANALYTICAL LAB OR ECONOMIC DEVELOP OR MUNICIPAL FIN OR STATE BAR PACIFIC PRINTERS JD PENCE AQUATIC PEPSI COLA CO PIONEER ELECTRONICS POOL & CREW PRIER PIPE PRINTING SPEC PROMOTIONS WEST JACK RAWLINGS RECORDED BOOKS REGENT BOOK CO ROTHS IGA RYDER TRANS SERV SALEM PAINT CO SALEM ROAD & DRIVEWAY SCHETKY NW SALES LES SCHWAB TIRE BRIAN SJOTHUN SIMON & SCHUSTER SLATER COMM SOUTHERN OR HIST SOC SOUTHEASTERN BOOK SUNSET BOOKS SUNSET PRODUCTIONS TEXT-TRIEVE INC TSR CORP UNITED DISPOSAL O1OO30 011010 O11O24 011033 011110 O11175 011200 011244 011250 011300 O1137O 012100 012227 012350 012510 012517 012560 013235 013420 014055 014107 014189 014360 014500 015058 015223 015225 015345 015371 015515 015540 015563 017054 017102 017148 017340 017500 018108 018137 018240 018300 018456 018493 018522 018617 018627 018817 018819 019090 019270 020020 7/30/99 7/30/99 7/30/99 7/30/99 7/3O/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 $42.15 $495.33 $132.52 $20,543.22 $7,546.18 $200.00 $g0.00 $62.40 $56.90 $925.OO $14.12 $5,000.00 $12.20 $1,050.00 $317.64 $48.00 $14,408.00 $3,094.20 $220.75 $903.60 $356.00 $26,372.67 $75.00 $135.00 $174.23 $366.89 $688.95 $22.47 $31.95 $13O.65 $111.8O $485.00 $2,709.90 $88.80 $13.22 $271.17 $456.12 $4,950.0O $18,821.82 $1,363.79 $976.41 $1,308.01 $437.16 $200.00 $20.00 $844.72 $29.91 $5.00 $334.00 $1,200.00 $1,152.70 Page 6 AJP CHECK LISTING FOR THE MONTH OF JULY 1999 8]~ 46967 46968 46969 46970 46971 46972 46973 46974 46975 46976 46977 46978 46979 46980 46981 46982 46983 46984 46985 46986 46987 46988 46989 46990 46991 46992 46993 46994 46995 46996 46997 46998 46999 47000 47001 47002 47003 47004 47005 47006 SUPPLIES-VVWTP SERVICES-FINANCE SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-LIBRARY SERVICES-WWTP SUPPLIES-LIBRARY SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-WATER SUPPLIES-VARIOUS SERVlCES-WWTP SUPPLIES-TRANSIT SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-CABLE TV SUPPLIES-VARIOUS SERVICES-DAR SUPPLIES-WWTP SUPPLIES-ADMIN SUPPLIES-LIBRARY SUPPLIES-LIBRARY REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR USA BLUEBOOK US BANK US POSTAL SERV USWEST DIRECT US WEST COMM UPSTART VALLEY EXCAVATING VICTOR KAMKIN VIKING OFFICE WALKERS MANUAL WALLING SAND WALMART STORES WATERLAB WESTERN BUS SALES WILL CHAP RED CROSS WITHERS LUMBER WBN COMM ACCESS TV WBN FERTILIZER WBN INDEPENDENT OFFICE SPEC WBN RENT-ALL WORLD MEDIA EXP YES GRAPHICS ALMEDA QUIRING MARIAN REED JUNE WOODCOCK RICHARD SNYDER JAY WOODS DOROTHA BORELAND CORNELIUS DONNELLY AGNES HAGENAUER FRED HAYES J WARD O'BRIEN MARILYN PARADIS JOAN PREZEAU GERTRUDE REES LOLA SPERATOS STEVE STURN FRED TOPOREK HATTIE VANDECOVERING 020046 020058 020090 020092 020095 020180 021037 O21175 021180 022025 022029 O22035 022065 O22175 022328 022445 022547 022590 022630 022670 022708 022815 024025 035608 035615 035648 035655 035763 045100 045230 045310 045315 045497 045512 O45525 045545 045560 045585 045660 045670 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/3O/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 7/30/99 $623.21 $400.00 $366.00 $37.99 $876.25 $33.98 $61,297.14 $135.00 $126.77 $91.50 $74O.44 $108.20 $8O.O0 $11.04 $59.50 $86.20 $20.00 $1,127.64 $79.70 $56.14 $583.50 $442.67 $163.00 $11.40 $13.75 $24.OO $35.OO $35.OO $79.75 $140.25 $95.00 $154.OO $105.25 $23.25 $148.00 $30.50 $30.OO $130.50 $64.50 $9.75 $1,507,800.99--~ Page 7 MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator-'-~'~t~' Frank Tiwari, Public Works Director ~ August 19, 1999 Goose Creek Storm Drain Project Status Report 8F This is a follow-up status report on the Goose Creek storm drain project that was brought to the attention of the city council on July 26, 1999. There is very little change in the status of the project since the Corps of Engineers has not given approval to proceed with the construction. The Corps of Engineers has indicated that they are starting the public process now. This will delay the project by two months. In addition, only one adjoining property owner has provided us a signed easement document and deposited their share of the cost as approved by the council. Staff is in the process of making some adjustment to reduce the permanent easement from 20 feet to 16 feet. The width of the permanent easement is a concern to the property owners located to the north of the creek. Staff has advised that a payment plan from individual lot owners will be acceptable to the city. There is only one property owner who does not want the pipe installation for environmental roasons; however, all others seem to want this safety project with some adjustments to the terms and conditions. It is highly unlikely that installation of the drain pipes will take place in this construction season. Staff will bring appropriate recommendation to the city council in the month of September. GST:Ig GoosecrkPipelnstallationProj8-19. CC IOA MEM 0 TO: FROM: City Council through City Administrator~' Public Works Program Manager ,-~~'~~ SUBJECT: Cross Connection Program Ordinance DATE: August 18, 1999 RECOMMENDATION: Approve the attached ordinance which establishes a cross connection program for the City of Woodburn. BACKGROUND: The State of Oregon Health Division has established new rules for water suppliers to comply with regarding cross connection control requirements. In order for the city to be in compliance with these new requirements a modified cross connection ordinance must be in place by October 1, 1999. The attached ordinance, in combination with its implementation manual, will comply with the new requirements and bring the city into compliance with Health Division requirements. A "cross connection" is where the city's water system is linked or connected with pipes or fixtures which carry other water or other substances. A cross connection which allows these potentially contaminated waters to be drawn back into the city water system must be controlled. This control is most important in water systems, such as Woodburns, that are not disinfected. The protection for the city water supply system is provided by the installation of "backflow prevention assemblies" where connection is made to the city system for water services that may have the potential of contaminating the city's water supply system. There is an increasing level of protection provided by various types of backflow protection devices. They range from the "anti-siphon" device used on residential lawn irrigation systems which are Iow risk to reduced pressure devices that are used at high risk services such as chemical manufacturers, medical clinics or fire protection systems that contain anti-freeze. All backflow devices, with the exception of the Iow risk "anti-siphon" devices that protect residential lawn irrigation systems, require annual checks for proper operation. These checks must be accomplished by a certified inspector. Insuring that these checks are done on time is one of the important aspects of the revised cross connection program requirements. IOA COUNCIL BILL NO. 1983 ORDINANCE NO. AN ORDINANCE PROVIDING FOR CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROCEDURES; COMPLYING WITH OREGON ADMINISTRATIVE RULES 333-61-0070; AND DECLARING AN EMERGENCY. WHEREAS, the Oregon Heath Division through its administrative rules requires that the City institute a cross connection and backflow prevention program; and WHEREAS, this ordinance will serve as the enabling authority required by Oregon Administrative Rules 333-061-0070 which authorizes the discontinuance of water services to a premises for the failure to install an approved backflow device or to conduct a required annual test on a backflow device; and WHEREAS, the City will also administratively implement a local cross connection program as further specified in the Oregon Administrative Rules; and WHEREAS, it is in the public interest for the City to require the installation of backflow prevention devices and the inspections of those devices as set forth in this ordinance; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "City of Woodburn Cross Connection Control and Backflow Prevention Ordinance". Section 2. Policy and Purpose. As required by the Oregon Health Division, pursuant to Oregon Administrative Rules 333-61-0070, and in order to prevent any possibility of backflow contaminating the water system, it shall be the policy of the City of Woodburn to require the installation of backflow prevention devices, and inspections of those devices, as set forth in this ordinance. The City of Woodburn shall also administratively implement a local cross connection program as further specified in the Oregon Administrative Rules and the City of Woodburn Cross Connection Implementation Manual. Section 3. Definitions. The words and phrases used in this ordinance shall have the meaning provided in Oregon Administrative Rules 333-061-0020. Section 4. Records and Reports. The City shall maintain current records of backflow assemblies installed, inspections completed, and backflow assembly test results, and shall report such data as may be required by State law. Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 5. Discontinuance of Service for Violations of Policy. A. After proper notice to the customer as required by this ordinance, and until the violation has been corrected, the City shall discontinue water service to any premises under any of the following circumstances: (1) For failure to install an approved backflow prevention device; (2) For failure to conduct an annual test on the backflow device; (3) When the City has reasonable cause to believe that an existing or potential cross connection is located on the user's premises, until an appropriate backflow prevention assembly is installed or until the cause of the hazard is eliminated. (4) For any other violation of this ordinance. B. This section shall not in any way be construed to impair the City's ability to immediately discontinue water service in the event of imminent threat to the City's water system or other emergency situations. Section 6. Backflow Preventionl When Required. A. Backflow prevention assemblies shall be installed at the service connection to premises where an approved airgap does not exist and: (1) There is an auxiliary water supply which is, or can be, connected to the potable water piping; or (2) There is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to potable water piping; or (3) There is intricate plumbing which makes it impractical to ascertain whether or not cross connections exist; or (4) There is backsiphonage potential; or (5) Cross connections or potential cross connections exist. 10A Page 2 - COUNCIL BILL NO. ORDINANCE NO. 10A Section 7. Approved Devices and Installation Thereofl Required Methods of Backflow Prevention. A. New Assemblies. All backflow prevention assemblies required under this ordinance shall be of a type and model approved by the Oregon Health Division, and shall be installed in accordance with Oregon Administrative Rules 333-61-0071 Sections (1) through (4), as now existing or later amended. Suitable pressure-relief devices to prevent damage from thermal expansion shall be required in conjunction with the installation of all new backflow prevention assemblies. B. Existing Assemblies. Backflow prevention assemblies installed before the adoption of this ordinance and which were approved by the Oregon Health Division at the time they were installed, but are not on the current list of approved assemblies, shall be permitted to remain in service provided they are properly maintained, are commensurate with the degree of hazard, are tested at least annually, and perform satisfactorily. When assemblies of this type are moved, or require more than minimum maintenance or are on services that are modified, changed size or remodeled, they shall be replaced by assemblies which are on the Oregon Health Division list of approved assemblies. C. Required Backflow Prevention Methods. The method ofbackflow prevention required under this ordinance shall at a minimum be commensurate with the degree of hazard which exists, and not less than the following: (1) When the substance which could backflow could be hazardous to health, an approved air gap of at least twice the inside diameter, but not less than one inch, of the incoming supply line measured vertically above the top dm of the vessel shall be installed, or an approved reduced pressure backflow (RPBA) assembly shall be installed. (2) When the substance which could backflow is objectionable but does not pose an unreasonable risk to health, an approved double check valve assembly (DCVA) shall be installed. An approved double check valve assembly shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and/or which does not provide for periodic flow through during each 24 hour period. (3) An approved pressure vacuum breaker assembly (PVBA) or an atmospheric vacuum breaker (AVB) shall be installed where the substance which could backflow is objectionable but does not pose an unreasonable risk to health and where there is no possibility of backpressure in the downstream piping. A shutoff valve may be installed on the line downstream of a pressure vacuum breaker but shall not be installed downstream of an atmospheric vacuum breaker. Section 8. Testing Required. A. When Required. The water user or the owner of the premises where one or more Page 3 - COUNCIL BILL NO. ORDINANCE NO. 10A reduced pressure assembly (RPBA), double check valve assembly (DCVA), or pressure vacuum breaker (PVBA) have been installed shall have the assemblies tested by a certified tester at least once per year. Assemblies installed at facilities which pose an extreme health risk and assemblies which repeatedly fail shall be tested on a more frequent basis as determined by the City. Backflow assemblies which have been moved or which have been installed shall be tested before use. B. Malfunctioning Assemblies. Backflow prevention assemblies found not to be functioning properly shall be promptly repaired by the owner or water user, and failure to do so may result in the denial or discontinuance of service as provided in this ordinance. C. Test Procedures and Reports. Tests performed by certified testers shall be in conformance with procedures adopted under OAR 333-061-0070 (10), as now existing or later amended. Reports on the tests shall be prepared by the certified tester and copies shall be provided to the City and to the water user or owner of the premises. Section 9. Administrative Subsidy Program. Consistent with the terms of this ordinance and subject to the City budget, the City Engineer may authorize administrative subsidies for the installation of required baclcflow prevention devices a~er a finding that such installation will protect the City water system and will benefit the public interest. Section 10. Severability. The provisions of this ordinance are severable. Ifa portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Section 11. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon pass_age by the City Council and approval by the Mayor. z 0- Approved as to City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodbum, Oregon Page 4 - COUNCIL BILL NO. ORDINANCE NO. 10B MEM 0 TO: FROM: SUBJECT: DATE: City Council through City Administrator~ Public Works Program Manager/~"~ ~ Special Transportation Fund Agreement for FY 1999-2000 August 12, 1999 RECOMMENDATION: Approve the attached resolution entering into an agreement known as the "STF-108- 21 Agreement" with Salem Area Transit District to receive $16,250.00 in Special Transportation Funds. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State of Oregon cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The city Dial-A-Ride program has been awarded varying amounts of STF grant funds on an annual basis since 1988. The state allocates the funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the grant application process the City was awarded $16,250 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. Staff recommends that the resolution be approved authorizing the Mayor to sign the agreement on behalf of the city. lOB COUNCIL BILL NO. 1984 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE "STF-108-21 AGREEMENT", FOR FY 1999-2000 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for State of Oregon Special Transportation Funds for fiscal year 1999-2000 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $16,250.00 in operational assistance for the Dial-A-Ride program, and WHEREAS, the Salem Area Transit District administrates the Special Transportation Fund for Marion County. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Salem Area Transit District, which is affixed as Attachment "A" and by this reference incorporated herein, to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Page 1 - COUNCIL BILL NO. RESOLUTION NO. 10B City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. RESOLUTION NO. 10B ATTACHMENT "A" Due to the length of the attachment it has not been included with the Council packet. It will be available for review at the Public Works office or at the council meeting. 10C Memo To.' From: Date: Subject: Mayor and Council through the(-'" ~6~i[Y??~Jt(ninistrator~ Ben Gillespie, Finance Director August 11, 1999 Defense of Y2K Claims Against the City Recommendation: The Council adopt by resolution the attached report and analysis. Background: Senate Bill 268, which was passed by the Oregon Legislature and signed into law by the Governor, enables the City to create a legal defense against claims based on Y2K failures. There has been some speculation in legal circles that failing businesses may try to blame their troubles on anyone with any Y2K problems and deep pockets. Suppliers and utility providers would be the most likely targets. The City has additional exposures relating to transportation (streets) and police functions. For these reasons SB 268 offers some welcome protection. The law creates an affirmative defense to claims based on Year 2000 failures for those jurisdic- tions that make a food faith effort to avoid Y2K problems. To assert this defense the City must comply with the requirements of the bill: Identify those systems that the City believes are most susceptible to Y2K failures Prepare a written analysis of the systems Determine the relative importance of those systems Identify resources available for addressing possible Y2K failures Approve plans and resources available to correct possible Year 2000 problems Be able to document substantial implementation of the plans The attached report addresses the requirements in SB 268 Financial Implications: This action may help the City avoid costly litigation and/or settlements. 10C COUNCIL BILL NO. 1985 RESOLUTION NO. A RESOLUTION DECLARING THE CITY OF WOODBURN'S GOOD FAITH EFFORTS TO AVOID YEAR 2000 FAILURES, PURSUANT TO THE PROVISIONS OF SENATE BILL 268, PASSED BY THE 1999 OREGON LEGISLATURE WHEREAS, the City of Woodburn has a written analysis of the systems it believes most susceptible to Year 2000 failures; and WHEREAS, the Year 2000 effects are unknown and uncertain, with experts' opinions ranging fi.om no effect to catastrophe; and WHEREAS, the City of Woodburn acknowledges that in the absence of a commitment to addressing Year 2000 problems, such so-called "Y-2K" failures may cause interruption of essential public services; and WHEREAS, there are multiple existing concerns which must compete for the limited public resources available to deliver governmental services; and Wlt~REAS, it is the opinion of the City of Woodburn that such limited resources are best utilized, as they concern Year 2000 issues, for those matters deemed "Mission-Critical"; and WHEREAS, the City of Woodburn has allocated funds within the 1999-2000 City budget to address possible Year 2000 failures, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Woodburn has a conducted a written analysis of the systems it believes most susceptible to Year 2000 failures. The City Council has reviewed and considered this analysis and attaches it to this resolution as Exhibit "A". Section 2. The City of Woodburn hereby declares the following services to be deemed most likely susceptible to Year 2000 failures to be "Mission-Critical": 1. Police 2. Water 3. Sewer 4. Municipal Court Section 3. The City of Woodburn's 1999-2000 Budget authorizes the expenditure of certain funds to address Year 2000 problems. The City of Woodburn delegates the discretion to determine these expenditures to the City Administrator. 10C Section 4. Although the City of Woodbum clearly recognizes that the Year 2000 problems may affect other areas, in recognition of the limited public resources available, it shall be the public policy of the City of Woodbum to address the areas determined above as in the overall best interest of the public. .~. / ~ Appr°ved as t° f°rm'(~' c~ ~~"~ ~ ~I [~~ ~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: RICHARD JENNINGS, MAYOR ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon CITY of WOODBURN YEAR 2000 PREPAREDNESS August 11, 1999 10C The City of Woodburn has reviewed all major systems the are used to manage information or control processes in an effort to identi~ those systems that rely on electronic calendars. Any system that incorporates an electronic calendar is deemed to be susceptible to year 2000 (Y2K) problems. The City has also identified those systems that are reliant on outside parties and are therefor sensitive to any problems those third parties may experience. These systems (listed in order from most important to least important) are most susceptible to year 2000 problems: Police communications RAIN 9* 1' 1 dispatch Water Sewer Municipal Court Office buildings Library Accounting General Ledger Payroll Utility billing Business license Recreation and Parks The Regional Automated Information Network (RAIN) is a system administered by the Salem Data Center for disseminating information on crimes and criminals. In response to City inquiries about the Y2K readiness of the RAIN system, officials said the system has been analyzed. Deficiencies have been identified and corrected, and the system has been tested. Corrective measures included extensive replacement of equipment. 9'1'1 9* 1' 1 emergency dispatch is administered by Norcom. Officials there responded that their software and hardware have been updated to avoid any interruptions of service as a result of Y2K. Most of their equipment was replaced. p~g~ ..~ O( -~ ~' Water The water supply and distribution system is a mechanical system that does not rely on electronic calendars. To that extent it is not susceptible to Y2K problems. However, it relies on electricity to operate pumps and telephone lines to convey signals to control the pumps. If the telephone telemetry were to fail the water wells could be operated manually. The Bonneville Power Administration (BPA) and PGE have made assurances to the region that their systems have been updated and tested. In addition PGE has written the City making the same claims. In the unlikely event that there is an interruption of electric power, the City has three wells that have diesel engines that provide an alternative power source for operating the wells and two wells that have been prepared to have a generator provide electrical power for pump operation. The City currently has six active wells. During the winter the water use is at its lowest and no more than two wells are required for meeting the City's water needs. Sewer The sewer plant is being replaced. Some of the control systems will be replaced by December 31, 1999. The City has requested and received written assurances from the various contractors that the systems they are installing are Y2K compliant. Like the water system, the sewer system relies on electricity to operate the plant and the pump stations. The Bonneville Power Administration (BPA) and PGE have made assurances to the region that their systems have been updated and tested. In addition PGE has written the City making the same claims. In the unlikely event that there is an interruption of electric power, the City has a suitable generator at the Mill Creek Pump Station, and a large portable generator would be used to operated the I-5 pump station. Small pump stations would be operated by utilizing small shared pumping systems. Telemetry is another potential problem. Phone lines are used to monitor and control the pump stations. If they fail, the problem will be immediately apparent to the operator at the sewer plant. Employees can be dispatched to the critical pump stations and they can be manually controlled. Municipal Court The version of the Court system the City is using is not year 2000 compliant. The vendor, MCI, has available version that does not have Y2K problems. That version will run only on a Novell netware 5.0 platform. The City is upgrading from Netware 4.2 to version 5.0. The court system is expected to be year 2000 compliant by December 1. Office Buildings Office buildings have been inventoried to determine if heating/ventilating/air conditioning (HVAC) systems, security systems, or elevators are susceptible to year 2000 problems. No problems were identified. Library The library is dependent on Chemeketa Cooperative Regional Library Services (CCRLS) for its 10C EXHIBIT A Page '5 of ~ check out/check in system, catalogue system, and Internet connection. CCRLS has assured the City that those systems have been evaluated and tested for Y2K compliance. 10C General Ledger The vendor, Eden Systems, acknowledged in 1998 that many of their systems were not Y2K compliant. They programmed and tested corrections. The updated sof~ware was installed on the City's server in March. Payroll In 1998 the vendor, Eden Systems, announced that the payroll system the City was using (version 2.0) would not be supported after December 31, 1999. The 12 year old system was not year 2000 compliant, and it had been improved in other ways in newer versions. The City purchased version 5.0 which is Y2K compliant. It was installed in April 1999. Utility Billing This is custom so,ware developed in house. All date fields are being expanded to four characters and testing will be completed by August 31, 1999. Business License This is custom sof~ware developed in house. All date fields have been expanded to four digits. Testing is completed. Recreation and Parks The Recreation and Parks Department uses the "Class" activities registration sof~ware system. The version of"Class" that the City uses is Y2K compliant. Anytime a system failure occurs, the Department has procedures in place to manually register programs participants. In the event there is a disruption of service as a result of year 2000, the City will treat it like any other emergency. The procedures detailed in the City of Woodbum Emergency Management Plan will be followed. Management will conduct an emergency exercise in September to refresh employees knowledge of the procedures. The manpower and resources committed to managing a Y2K emergency will be consistent with the City's Emergency Management Plan. Sottware Profile Worksheet 10C E"'X'H I B Fr 4 l'rofile fi)r Each Piece of Software dctailcdl~rofilclbrcachpicccofc-~m~t>t~tcrst~lixvarclistcdinxotu.~xc~)to~x. Y~)un)avhavc thc III;IIIIII}ICItlFCr OF VOtlF ctm~lmtCr prot~'ssitmal Io obtain s()mc ()I' this infi)rmation. Make I. (;alher Basic Information g(~liwarc Name: ~1 Windows [ ] Macintosh [3 l~nix ~ ()thor: Version Number: Serial Number: 3. l)ctcrmine a (:ompliancc Strategy ('omptiancc: ('ompliancc Strategy: [~ Retain ~pgradc ~ Replace with: Type of Software (Operating System, Database, [,)e~adsheet, et~,c.): Package Is Used for: d ~'-A/~'~]) ff 2 ~ t5 Manufacturer/Developer: ~-79 ~-A,/' Year of .Manufacture/Development: Man__ufacturer/Developer Contact: Address: E-mail Address: lnternet Address: Planned Start Date: Planned Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-through [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of software $ Repair cost of software $ Other costs $ Total Cost: $ -- (5' - . Compliance Completion l)ate: ~]//9 ~' I 6. Available Resources to Correct? 2. Determine the Risk l~,ev?l l.cvcl ()1' Risk lo (?ity/(;ounty if this software thils (high, medium, low): 7. I)etermine a Priority l~evcl fl)r Implementing (;ompliance ()n the backside of this pl-ofile, document your activities, milestones, expenditures, contingency plans and actions taken. l.;nc losure 3 lOC Sotlwar¢ Profile Worksheet -.5 L=XHIBII"_. / Page~ of~,'. ~, l)evelop a ['rofilc for Each l)iecc of Software <'nougl~ copies ol'lhis xvorkshccl s~) llu~l you can tmc one tbr each piece t)i'soliwarc in your inx'cntorv. !. (;alher Basic lnfornmlion 'l'ypc: [] ()thor: Version Numbe[: Se[iai Numbc[: 3. l)ctcrminc a Compliance Stratcg, y Manu fact urcr/l)cx'ch~pcr R cctmqmcmhd ions ('omI>liallCC: ('ompliancc Strategy: [~ Retain ~ Retire ,~radc ~ Replace with: Type of Software (Operating System, Database, S preadsheeh etc.): Package Is Used for: '~--)/'9 )/_~,,~ Manufacturer/Developer: ~-~ , Y 5ar4~iv~u facmre/D evel° Pment: Manufacturer/Developer Contact: Address: Phone Number: fax Number:___~fT-; -- ~/~-~; -' E-mail Address: Inlemct Address: Planned Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-through [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of software $,Q Repair cost of software $ Other costs $ Total Cost: $ ,/.2,6d,O. '~ Compliance Completion Date: 5"~///<:,~' ~? ; / 6. Available Resources to Correct'? 2. l)etermine the Risk l,ew;l I';xpcctcd }failure Dale: ~',",/..':/1,/~-"---/' l,evcl of Risk to Cily/('ounty il'this software fails (high, medium, Iow): 7. l)etermine a P,'io,'ity l,evei fl)r Implementing Compliance ()n the backside of this profile, documenl your activities, miicstones, expenditures, contingency plans and actions taken. Enclosure 3 Software Profile Worksheet 10C Page _.~ of I)evclop a Profile for Each Piece of Software [)raw tip a detailed profile Ik)r each piece of computer solixvarc listed in your inventory. You may have Io contact thc manuthclurcr or your COlnputcr protL-ssional to obtain st)mc of this int~)rmation. Make enough copies of this worksheet so that you can usc one t~r each piece ofsoflwat-c in your inventory. 1. (;ather Basic Information Soflwarc Name: (i f operating system:) 'l'ypc: ~ Windows .~SDOS ~ Macintosh ~ [Jnix ~ Other: Version Number: Serial Number: 3. l)cterminc a Compliance Strategy Manu fi~cturer/I)evelopcr l~,ccommcndations Compliance: (~ompliancc Strategy: ~ Retain ~ Retire ~grade ~ Replace with: Type of Software (Operating System, Database, S preadsheet,x_kc.): Package Is Used for: fi/Z/Z- / T )/-~,/d Z//I/d} Manufacturer/Developer: (~l,/~TOt';~ /?3/ffOU Year of Manufacture/Development: M~}~ufacturer/Developer Contact: Address: Phone Number: Fax Number: E-mail Address: I nternet Address: Planned Start Date: ~//~/~ Planned Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-through [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of software $ Repair cost of software $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 2. l)etermine the Risk L¢vt~l l'~xpcctcd Failure Date:.?/d') ../If(_~_-_ ..... ' I.evcl of Risk to City/County it' this software fails (high, medium, Iow): 7. l)etermine a Priority I,evcl for Implementing Compliance On the backside of this profile, document your activities, milestones, expenditures, contingency phms and actions taken. Enclosure 3 Software Profile Worksheet 10C EXHIBIT ,4 Page "~ of i)evelop a Profile for Each Piece of Software l)raw up a detailed profile lk~r each piece of computer software listed in your inventory. You may have to c(mtact thc manulhclurcr or your computer proJ~ssional to obtain some of this inlbrmation. Make enough copies of this worksheet st) tiutt you can usc one fi)r each piece el'software in your invcmory. 1. (;athcr Basic informa(ion Software Name: (ii' operating system: ) l'ypc: ~ Windows ~SI)()S ~ Macintosh ~ Unix ~ Other: Version Number: Serial Number: 3. i)e(ermine a Compliance Strategy Manufi~cturer/l)eveloper l~,ccommcndalions ~>r ('ompliancc: CompliaI~cc Strategy: ~ Retain ~ Retire .~grade ~ Replace with: Type of Software (Operating System, Database, S~,~0radsheet' Package Is Used for:"~)~/5./,~/~'-~Z M~ufacmrer~evel°pe~'r: dOST~ fi~ ~i/5~ Ye~ of M~ufact~e~evelopment: Manufacturer/Developer Contact: Address: Phone Number' Fax Number: E-mail Address: Intemet Address: Planned Start Date: Planned Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-through [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of software $ Repair cost of software $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 2. l)eter~nine Ihe Risk Level t';xpectcd Failure Date: l.evel of Risk to City/County ii' tiffs software fails (high, medium, tow): 7. Determine a Priority l~evel for Implementing Compliance On thc backside of this profile, docmnent your activities, milestones, expenditures, contingency plans and actions takeu. Enclosure 3 Software Ih'off lc Worksheet lOC L~D(HIBIT ,,~ Page ,~ of "-' I)evelop a Profile tbr Each Piece of Software cmmgh copies {~1' this worksheet so thai you can usc one lbr each piece ol'xofiwarc in your inventory. I. (;alher P, asic lnform:ltio, ~o flwarc Name: l'yl~: ~Windows Ill MS I)()S [~ Macintosh [] I/nix ~ Other: Version Number: Serial Number: 3. i)etcrminc a Compliance Strategy Malmthcturer/l)eveloper P, cc()mmendations (k)mpliancc: (kmH~liancc Strategy' ~tain ~ Retire ~ Upgrade ~ Replace with: Type of Software (Operating System, Database, Sp_~adsheet, etc.): Package Is Used for: Man f oturer/De e oper: Year of Manufacture/Devefc;pment: Manufacturer/Developer Contact: Address: })hone Number: ~/Z773~)~ '~2-¥ 5-~-5/ Fax Number: E-mail Address: Intemet Address' Planned Start Date: Planned Completion Date: '7//q 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation U] Walk-through [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of software $ Repair cost of software $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 2. l)etermine the Risk l,evei I~xpcctcd l:ailurc Date: l,cvel of Risk lo City/(',ounty if this software fifils (high, medium, low): 7. I)etermine a Priority l~evel fl~r Implementing Compliance ()n the backside of this profile, document your activities, milestones, expenditures, contingency plans and actions taken. Enclosure 3 Software l)rofilc Worksheet LZXHla~T ':~ - 10C Page of ; "' I)eveloI) :l I'rol]le fl)r Each Piece of S()flw:lre I. (;ather Basic lnt'orm:tlion [ ] ()filer: Version Number: Serial Number: Type of Software (Operating System, Database, Spreadsheet, e~ T>,9, 7,~ Package Is Used for: C~ ~'~- ~(~'7 ,/~/~" M~ufacturer/Developer: ~g ~ Year of M~ufacture/Development Manufacturer/1)eveloper Contact: 'T)_~yh. ~/. ~-~?~ 7'/4 Address: 15mail Address: Inlernel Address- Planned Start Date: Planned Completion Date: /2///¢ c~ 4. Determine a Testing Strategy Testing Strategy E] Full Simulation [D Limited Simulation l-3 Walk-through [3 Other: l)alc Tested: 5. l~;stimatc Compliance Costs ('onsultant costs $ Pt~rchase cost of software $ Repair cost of software ()thor costs Total (;(}st: $._ ^z...d(. .'" '-' (~on, pliance Completion l, ate: /f2///~'~ 6. Available Resources to Correct? 2. l)etcrmine thc l.,tisk l,c;'el.: l.cvcl of Risk Io( ?ily/(btmly if this mtlwarc thilx (hi?h, medium, Iow)' 7. l)etermine :t Priority l,cvel fl~r Implementing (;ompliancc ()n lhe backside of this protilc, document your activities, tallest(mos, expcnctiturcs, contingency Enclosure 3 Software Profile Worksheet , c=xH s -r 10C Page , - of ~c I)evclop a Profile for Each Piece of Soflwal'C cnougli copies of this xvorkshcct st~ tlmt vot~ can tmc one for each piece or'software in your inventory. I. (;ather llasic lnformatiou %ol't waI-C N;tIl/c'; l'ypc: [3 Macintosh [ ) i]nix ~ Other: Version Number: Serial Number: 3. I)etermine a Compliance Strategy Mantl facturcr/l)cvchq~cr Rccommcndalions t 'o mpli anco: ( 'ompliancc Sh-atcgy: ,~ctam ~ Retire ~ Upgrade ~ Replace with: Type of Software (Operating System, Database, S~readsheet, Package Is Used for:~')h'~'9~: '~5-:)~- (_} / S 7'>,5,'0,7×(,3,'" Manufacturer/Developer: Year of .Manufacture/Development: Manufacturer/Developer Contact: Address: Phone Number: Fax Number: E-mail Address: Internet Address: Planned Start Date: Plmmed Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-through [Z] Other: Date Tested: 5. Estimate Coinpliance Costs Consultant costs Purchase cost of software $ _~ . .... Repair cost of software $ ..... Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 2. l)etennine the Risk Level l';xpcctcd Failure l)atc:` .,'~}}_7//~;'- l,cvcl of Risk to City/(Tounty if this software fails (high, mcdmm, low): 7. I)etermine a Priority l~cvel for Implementing (?ompliancc ()n the backside of this profile, document your activities, milestones, expenditures, contingency phms and actions taken. Enclosure 3 Computer Hardware Profile Worksheet .-4 10C Page __/..L. of ,', 1)evclop a Profile fl~r Each Piece of (?omputer ltardware I f this equipment part of a network: Type of Network: Custodian of Network: Us~ on Network (se~er, PC, printer, etc.: M=ufacturer Contact: Address: Phone Nmber: Fax Number: ~ ~ ~ -~Q.¢ E-mail Address: Internet Address: 2. Determine the Risk Level Expected Failure Date: /~L,',~//_'~- l.cvcl of Risk to (;ity/(k>unty ii' this fhils (high, mectiun~, Iow): 3. I)cterminc a (~ompliancc ,";,tratcgy Vendor/Manufacturer l(ccommcndations for Compliance: ,~Retai n U;~ Retire ~ Upgrade ~ Replace with: Planned Start Date: , Planned Completion Date: ._-'3 _ 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-thrU)ugh [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of hardware $ Repair cost o£ hardware $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 7. l)etermine a Priority l~evel for Implementing Compliance ()n thc backside of this profile, document your activities, milestones, expenditures, contingency phms and actions taken. Enclosure 3 Computer Hardware Profile Worksheet .4 10C Page .~- l)cvch)l) :t Profile lbr Each l'iccc of(;Oml)uler llardwarc If this equipment part ot'a nclwork: Type of Network: _//f//~ ^/ Custodian of Network: '~z A/(_~/Z Z- ~ ~'/~/~ Us.e on Network (server, PC, printer, etc.: Manufacturer Contact: Address: Phone Number: Fax Number: E-mail Address: Internet Address: 2. Determine the Risk Level Expected Failure Date: 3. I)eterminc a (;oml)liancc ,'Strategy Vcndor/Manufi~cturcr t¢,ccommendations (k~mpliancc: ('ompt iancc Stratcgy: ~ctain ~ Upgrade ~ Replace with: Planned Start Date: '~ __ Completion Date: ~///L~/~ ~ Planned 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-thrU)ugh [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of hardware $ Repair cost of hardware $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? l,cvel of'Risk Itt £?ity/(k>unty il'this fails (high, medium, 7. l)etcrmine a Priority l~evel for Implementing Compliance ()n the backside of this profile, document your activities, milestones, expenditures, contingency plans and actions taken. Enclosure 3 Computer Hardware Profile Worksheet Page __z_~_ of ~ l)evelop a Profile for Eacl~ Piece of Computer ltardware 1)raw up',~dctailcdt)rofilcfi)rcacl~l)icccofcomputcrhardwarelistcdinw)uri~wcntorv. You mayhavc l() COIllaCl [lie lll;llltll~Cltll-Cl' OF Vi)tlr C()Ill[3tllCl' prolkssional h~ obiain some of this inlbrmalion. Make 1. (;atber Basic Information Manufacturer: ~' Model Number: Year of Ma~ul~tcturc: If this equipment part ofa network' Type of Network: ///V',7~: ,)PA/F_5 7- Custodian of Network: Use on Network (server, PC, printer, etc.: Manufacturer Contact: Address: Phone Nmnber: Fax Number: 6' ['"7/- ~r'?3 E-mail Address: Internet Address: 2. Determine the Risk Level Expected Failure Date: ,~__/~, l,cvcl of Risk h) ('ity/(;ounty it' this fails (high, medium, Iow): Planned Start Date: Planned Completion Date: 4. Determine a Testing Strategy Testing Strategy [] Full Simulation [] Limited Simulation [] Walk-thrbugh [] Other: Date Tested: 5. Estimate Compliance Costs Consultant costs $ Purchase cost of hardware $ Repair cost of hardware $ Other costs $ Total Cost: $ Compliance Completion Date: 6. Available Resources to Correct? 7. I)elermine a Priority l,evei for Implementing Compliance ()n thc backside of this profile, document your activities, milestones, expenditures, contingency phms and actions taken. Enclosure 3 ()thor l)atc-Scnsilivc l tardwarc })rolilc Workshcc! - " I)evel()i) :l I)[-()lile for ['~nch Piece I. (;athcr I~lasic Infol'malion N"lodcl Name: ~)'~ ~I~ ~:' '.~2'X~ /<. ~ ~x/7~,14 Yc~tI' o J' Mann t~tcturc: Serial Number: Manufacturer Contact: Address: Phone Number: Fax Number: E-mail Address: Intemet Address: D0~s :~h.!a:i.!)ard~7[~:?ig!2!~grt:a:~t!,~!t[i~!aa]~r~ functton~ "~: ::::51~::: i :::'f:.L ii:' :]]:'iii; '::'i::5:5i:i ii: :. ? i::)~ ::~ :i':':: ':~i':i 'i ! :::?:']:::: ~: '..: ']: [.. ::':%:: D6eS]ihi~'h~Wi~e:::~0n~n a~tei~iiiii~: .'~ ls ~hi)ha~War~ Ye~ 2000 eomp!j~U~~ ~mptinnt ' '~ 3. Determine n (N)ml)li:mce Strntcgy ('ompliancc: .~Rctain [] [J pgradc ~ Replace with: Planned Start Date: ..... ]'lmmed Completion Date: ~/~- ~/~X 4. Determine a Testing Strategy Testing Strategy E] Full Simulation [5] Limited Simulation [] Walk-through [] Other: l)atc Tested: S. Estimate Compliance Costs Consultant costs $ Ptu'chase cost of hardware $ Repair cost of hardware $ Other costs $ 2. i)etermine thc l,l. isk Level I~xpected Problems if Non=compliant: l,cvel of Risk to City/County if this component thils (high, medium, low)' Total Cost: $ Compliance Completion Dntc: 6. Aw~ilable Resources to Correct? 7. Determine n Priority I~cvei for lmplcmcntii~g (7omplinncc ()n thc backside ()1' this lwotllc, document yonr activities, milestones, expenditures, contingency plans and actions taken. Enclosure 3 ( )tlacr l)atc-Scnsitivc ! tardxvarc lh'ofilc Worksheet - I';MBI~I)I)lil) Ct tl P SYS' 10C ~HIBIT Page I)evcloI) :l Profile for Each Piece of()lhcr I)alc-Ncnsilivc Ilardwarc tl;IX'C It) ctq/l;lCl II/L' II/;llltll}tCltll'Cr t)l Xtqli' t'~)ll/plllCl' }m~l'cssi~nal h) oblail~ 5(HIlC ol' lilts illl~H'llliltiOll. II1~ 1. (;alher Basic int'ormaliou Year of Serial Number: Manulhcturcr Contact' Address: Fax Number: ~_ E-mail Address: lntemet Address: '> FV'/ Does th~s hard,a arc :sugport a critical m~ssmn £Unctmn? CritiCal iMi~sion :~u~Pb~d~.: :- . Does this h~ware ;eon~n date:s~itig~ ': :: .,. ~mPhant ~ Non-compliant Planned Start Date: . · ,' (.;,; /' Planned Completion Date: ~Z~ ~/,/ ~2 4. Determine a Testing Strate~' Testing Strategy ~ Full Simulation ~ Limited Simulation ~ Walk-through ~ Other: l)ate 'l'ested: 5. Estimate Coml)liance Costs Consultanl costs $ ._ . Purchase cost of hardware $ Repair cost ot'hardwarc $ _~ . ........... ()thor costs $ 2. I)ctcrminc thc l,',isk Level I~xpected Problems if No,~-COlnpliant: l,cvcl of Risk lo City/County if this component lhils (high, medium, low): 'Fotal Cost: $ Compliance Completion I)atc: 6. Awdlable Resources to Correct'? 7. l)etermine a Priority l,evcl for Implementing (7ompliancc ()n thc backsictc ()l'lhis protilc, document your activilics, milestones, expenditures, contingency lq;ms and actions taken. Eno l()sure 3 Business Partners Profile Worksheet lOC L="XHIBIT , Page I)evelop a Profile for Each Exlernal Business Partner VOII CHI1 USC t)llC {~)F CitC[I t)l' YOtll' btl~illC~ pill'lllCl'S. 1. (;alher Basic Information T"4amc of l)rovidor/( !ustomcr' St.!pplics or Scrv,ic? Contact t'erson: Address: Phone Number: Fax Number: E-mail Address: Intemet Address: City/County Function Supported: 2. Determine the Risk Level. Expected Failure Date: __/~:;~ 3. l)etermine a COmlfiiance Strategy Rccommemtations for ('omptiancc: Planned Start Date: Planned Completion Date: 4. Verify Compliance Verification Assurance: Date Verified: 5. Estimate 1:2ompliancc Costs Consultant costs $ Other costs $ Total Cost: Compliance Completion Date: 6. l)etermine a Priority Level for Implementing Compliance On the backside of this profile, document your activities, milestones, expenditures, contingency plans and actions taken. I.evel of Risk to City/County it' this partner fails (high, medium, low): 7 Enclosure 3 BUsiness Partners Profile Worksheet 10C E'XH~B~T_ /t Page _~ '-,' of ~ l)evelop a Profile for Each External Business Partner your business partners to oblain some ol'lliis inlbrmation. Make cmmgh copies of'this worksheet so dmt St.tpplics or Service Provided: ~/~/ ,~ Address: Phone Number: ~ ~ ~%~-'%¢ --d7 _~ ~' / Fax Number: E-mail Address: lntemet Address: City/County Function Supported' 2. Determine the Risk Levgl Expected Failure Date://5¢/~,/x/' ~ 3. Determine a Compliance Strategy l'[ccommcndatitms Iht( Mmpliancc' ('ompliancc Strategy' .[--fiS, ctai n {711)iscontinuc Service [] Replace with: Planned Start Date: Plmmed Completion Date: 4. Verify Compliance Verification Assurance: 5. Estimate'Compliance Costs Consultant costs $ Other costs $ ...... . Total Cost: Compliance Completion Date: 6. Determine a Priority. Level for Implementing Compliance On the backside of this profile, document your activities, milestones, expenditures, contingency plans and actions taken. l.evel of Risk to City/County if this partner fails (high, medium, low): Enclosure 3 Business Partners Profile Worksheet EXHIBIT Develop a Profile for Each External Business Partner l)raw up a detailed profile for each business partner listed in your inventory. You may have to contact your business partners to obtain some oF this infi)rmation. Make enough copies of this worksheet so that you can usc one ti)r each oFyour business partners. 1. Gather Basic Information Name (3t' Provider/(;ustomcr: ""~uppucs or Service Provided: x Contact Person: ~.(3//j .'~g,?~ l(~ ff Address: Phone Number: Fax Number: E-mai Address: Internet Address: City/Count Function Su orted' Y_ PP .. 2. Determine the Risk Level Expected Failure Date: fid, j/c/:--- 3. l)etermine a Compliance Strategy Recommendations fi)r Compliance: liancc Strategy: ain ICl Discontinue Service [] Rcplacc xvith: Planned Start Date: Planned Completion Date: 4. Verify Compliance Verification Assurance: Date Verified: 5. Estimate-Compliance Costs Consultant costs $ Other costs $ Total Cost: S Compliance Completion Date: 6. Determine a Priority I.evel for Implementing Compliance On the backside of this profile, document your activities, milestones, expenditures, contingency plans and actions taken. I~evel of Risk to City/County if this partner fails (high, medium, low): 7 Enclosure 3 Cit of oodburn Police Department STAFF REPORT 270 Montgomery Street Woodbum OR 97071 (503) 982-2345 Date: From: To: Through: August 16, 1999 Paul Null, Chief of Police Mayor and City Council John Brown, City Administrator Subject: Mall 99 - Memorandum of Understanding IOD In April 1999, the City of Woodburn and Marion County entered into a commercial lease agreement to house a city\county justice facility located at Mall 99 Shopping Center, 986 N. Pac. Hwy, Woodbum. The facility will house Woodbum police officers, Marion County Sheriff deputies, Marion County Parole and Probation, and Marion County Justice Court. Anticipated move in date is October 1, 1999. In order to establish economic responsibilities and efficient use of the leased space, the mentioned agencies have met and established a Memorandum of Understanding with Attachment. It is recommended the City Council approve the Memorandum of Understanding and Attachment between the City of Woodburn and Marion County. 10D COUNCIL BILL NO. 1986 RESOLUTION NO. A RESOLUTION ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH MARION COUNTY FOR THE USE OF LEASED SPACE AT MALL 99 SHOPPING CENTER AND AUTHORIZING THE MAYOR TO SIGN SAID MEMORANDUM. WHEREAS, the City of Woodburn and Marion County are authorized to enter into an intergovernmental agreement pursuant to ORS 190.003 - 190.110; and WHEREAS, the City, through its Police Department and the County, through its SheriWs Office and the North Marion Justice Court, have joined forces and agreed to lease office space at Mall 99 Shopping Center, 986 N. Pacific Highway, Woodburn, Oregon; and WHEREAS, the City and the County want to economically and efficiently use the leased space and emer into a Memorandum of Understanding to facilitate its use; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a Memorandum of Understanding with Marion County regarding the Mall 99 Shopping Center lease. A copy of said Memorandum is affixed hereto as Attachment "A" and, by this reference, incorporated herein. Section 2. That the Mayor is authorized to sign said Memorandum of Understanding on behalf of the City. Approved as to formt~~'4~'~~ g _ t t~ _ ~ ~ City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Approved: Mary Tennant City Recorder City of Woodbum, Oregon Richard Jennings, Mayor Page 1 - COUNCIL BILL NO. RES OLUTION NO. to'ua '~'aUd Jla 4a~ al L LL~AL ~002/007 ATTACHMENT Pa~ ...Z- of....~ 10D MEMORANDUM OF UNDERSTANDING MARION COUNTY AND CITY OF WOODBURN MALL 99 SI:lOPPING CENTER LEASE This memorandum of understanding is entered into between Marion County, Oregon, a political subdivision and body politic of the State of Oregon, hereinafter referred to as "County", and the City of Woodburn, Oregon, a municipal corporation, hereinafter referred to as "City". WHEREAS, the City and the County are authorized to entered into this agreement pursuant to ORS 190.003 to 190.110; and WHEREAS, the City, by and through its Police Department, and the County, by and through its Sheriff's Office and North Marion Justice Court, have joined forces and agreed to lease office space at the Mall 99 Shopping Center, 986 North Highway 99, Woodburn, Oregon; and WHEREAS, the City and the County desire to economically and efficiently use the leased space by jointly using as much of the space as possible; NOW, TI-IEREFORE, the parties agree to the following terms and conditions: The two law enforcement agencies will each lease approximately 2,861 square feet, and the Justice Court will lease approximately 1, 845 square feet, including equal interests in the common space. The agencies occupying the leased space will share common facilities, such as locker rooms, copy and filing centers, briefing rooms, and break rooms, to the maximum extent consistent with good order and respect for the operational needs of each agency. The initial layout for the leased space is attached hereto as Exhibit A. The agencies will apportion expenses for the facilities, including rent and maintenance charges and expenses, equitably based occupancy and use of the total space. The agencies will share use of such equipment as they shall designate and share the cost as they shall determine. It is intended that each agency shall be responsible for the expenses of its own operations. The use of the leased space, common facilities, and shared equipment will change from time to time. Therefore, the parties delegate to the Marion County Sheriff, the Woodburn Chief of Police and the Justice of the Peace authority to agree in writing on items 2, 3, and 4 above. Said agreements will be attached to this memorandum of understanding and become a part thereof. 373 430~ )1 C LEGAL ~003/007 ,~I~I"AGI.~M E NT ~ Page .'-~ of ~ IOD The parties intend to enter into their respective leases for a term of five years. Under terms specified in their leases, each party may terminate its lease. Each party pledges to the other that it will make a good faith, reasonable effort to continue its lease(s) for the full term. If either party determines that it will terminate its lease(s), that party shall give the other party as much advance notice of its decision as possible. Both parties will work together in an effort to find a mutually satisfactory means for continuation of the leases. The parties intend the leases to be renewable for an additional five year term. Each party pledges to the other that it will consult with the other in a timely manner and seek a mutual agreement to extend the leases. Each party shall notify the other party immediately if it receives a notice from the landlord of an alleged breach of the lease agreements or of any another notice provided for under the leases. All notices will be to the Woodbum Chief of Police, Marion County Sheriff', and Justice of the Peace. Each party shall be solely liable and shall defend, indemnify and hold harmless the other party, its officers, employees and agents for third party claims arising firom the actions or omissions of each's officers, employees and agents, and for worker's compensation claims of its employees, regardless of which party is exercising supervision and control. 10. Nothing in this memorandum of understanding shall be deemed to limit the fight of either party to make a claim against the other for damages and injuries incurred by one party as a result of the actions or omissions of the other party's officers, employees and agents. DATED this ~ day of ,1999. CITY OF WOODBURN MARION COUNTY BOARD OF COMMISSIONERS by title AGREED: Chief of Police Marion County Sheriff Q,// Ju~ice of the Peace ' 6~ v (/ 6' 0 U0/1~/:9~ lo:u,4 '~'oo,0 ,Ji,J 45Ot bi L LI~bAL t~004/007 ~'TTAcI..~M ENT Page ~'~ ,, of (~ IOD APPROVED AS TO FORM: City Attorney mal199.moudraR.O03 O~zl~-~ 10'U4 '/~'SOJ ~73 43ti7 MA~-05-1999 11: 09 a~"~ROM' MO I SAN LEGAL ~005/007 ~ ~ 77~ e.~ 10D A~ACHM£N~ A Page '~ of-. ,~ 006/007 ATTACHMENT ./~ Pege ,.,~ of- ~ IOD Attachment to Memorandum of Understanding Marion County and City of Woodburn Mall 99 Shopping Center Lease July 21, 1999 This attachment is to be made part of the memo of understanding entered into between Marion County, the City of Woodbum, and North Marion Justice Court. Copy/FAX Machine - The combination copy and FAX machine shall be leased by Marion County. The copy/FAX machine will allow for each user agency to enter a billing code number. North Marion Justice Court will bill each agency on the number/percent of copies made, on a monthly basis. Phone System - Marion County will provide and maintain the phone system. Marion County will bill user agencies monthly, on a per phone/percentage basis. North Marion JuStice Court will provide and maintain its own telephone system. RAIN Computer System - Each agency will provide and maintain their own computer RAIN terminals. o Utilities - Utilities will be paid by user agencies based on a per square toot leased percentage. City of Woodburn will bill agencies on a monthly basis. Janitorial Services - Involved agencies will hire a private janitorial service to provide janitorial service on Mondays, Wednesdays, and Fridays. The janitorial service will bill each agency individually, based on per square foot leased by each agency. Janitorial service will provide the following services on Monday, wednesday and Friday: Empty trash and garbage cans Clean restrooms, locker rooms, and showers Vacuum all floors Mop hard surface floors Clean sinks and counter tops, and tables Dust tables, counter tops, and tables Replace burnt out light bulbs Janitorial services will provide the following bi-monthly services: Clean windows inside and outside. 6. Office Supplies - Each agency will be responsible for providing their own office supplies. A?TACI':IMENT__~ l OD page L~L_ Of ~ 7. Alarm System - Marion County will provide and maintain alarm system. Secured Parking - The primary use of the secured parking area will be for marked police vehicles and North Marion County Justice Court Judge. Marion County and City of Woodburn will equally share the number of spaces available. The number of parking spaces needed for marked police vehicles will be identified and marked. One space will be identified and marked for Justice Court Judge. Any other available secured parking spaces will be available for employee's privately owned vehicles on a first come, first service basis. Public/Office Receptionist- As practical, Marion County and City of Woodburn has agreed the from reception desk should be open to the public Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding.holidays. Each agency will provide their own receptionist. Each agency agrees in an emergency or other situations such as employee illness, the front desk may be closed to the public. In such cases, a sign on the front door of the building will direct citizens to the nearest public phone for 911 calls. 10. Shared Space Furniture - Each agency will be responsible for tagging their respective furniture with an ID tag. Each agency will be responsible for maintaining their own furniture used in the sub-station. AGREED: Chief of Police Marion County Jusl~ ofihe Peace Files~lali 99LaJIachmgett to MOU August 23, 1999 10E TO: FROM: SUBJECT: Mayor and City Cou~c~l~/ City Administrator ~<./D Contract for Building Inspection Services Recommendation: It is recommended the City Council adopt the attached Resolution Entering into an Agreement with RLM Consulting Services, 1NC and Authorizing the City Administrator to Sign Said Agreement. Background: The City began contracting with RLM Consulting Services, INC for building inspection services during the 1997-98 fiscal year. City staffpreviously provided those services. Primary services include plan review and inspections for structural and fire/life safety code compliance. Robert Mendenhall acts as the City's Building Official, and hires additional qualified inspectors to assist him. Marion County provides plumbing and electrical reviews and inspections. Under RLM's previous agreement, compensation was set at 60 percent &the associated permit fees. An hourly rate of $40 was also established for services beyond the basic scope. Discussion: In April 1999, the Community Development Director evaluated the services provided by RLM to determine whether the City should renew an agreement with them or solicit proposals from other providers. The State conducted an audit of the City's building inspection program at the same time. I also contacted Marion County to discuss their experience with RLM and their interest in providing the full range of building inspection services for the City of Woodburn. The County was, and is, interested in providing building inspection services for the City. Based, however, on the Community Development Director's evaluation, favorable audit findings from the State, and discussions with a limited number of City Councilor's regarding the desirability of maintaining an autonomous City Building department, it is recommended that RLM's contract be renewed. RLM has consistently been commended by customers for prompt issuance of permits, a strong customer service orientation, and a problem solving rather than rigid approach to plan reviews and inspections. The attached agreement has a one-year term. It increases RIM's compensation from 60 percent to 70 percent of applicable building fees, to reflect the funding required to maintain the fully qualified force of inspection staff needed to effectively serve Woodburn and adequately enforce code compliance. Hourly compensation remains at $40 for items outside the basic scope of service. The attached agreement specifies the basic scope of services required of RLM and those services that are outside that scope but Mayor and City Council August 23, 1999 Page 2. 10E needed by the City. The revised agreement also contains a continuity provision, which addresses the services to be provided by RLM following a termination of the agreement. Financial Impact: Finance Department records show RLM received approximately $191,500 for building inspection services in 1998-99. Payments reflect a combination of compensation for basic and hourly rate services. Compensation for 1999-2000 is estimated at approximately $230,000 based on the increase in the percentage to be paid to RLM from building fees and assuming no change in building activity. JCB COUNCIL BILL NO. 1987 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH RLM CONSULTING SERVICES, INC. AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, pursuant to Resolution No. 1494, Robert L. Mendenhall was appointed Building Official; and WHEREAS, Robert L. Mendenhall, through RLM Consulting Services, Inc. (RLM), has contracted with the City to provide building inspections, plan reviews and related services; and WHEREAS, the City wants to continue to contract with RLM to provide these services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into an agreement with RLM Consulting Services, Inc. to provide building inspections, plan reviews and related services. Section 3. That the City Administrator is authorized to execute, on behalf of the City, said agreement, a copy of which is affixed hereto as Attachment A and, by this reference, is incorporated herein. City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon 10E Page 1 - Council Bill No. Resolution No. AGREEMENT FOR BUILDING OFFICIAL AND PLAN REVIEW/INSPECTION SERVICES ATTACHMENT . Page ! of This Agreement was entered into by and between RLM CONSULTING SERVICES, INC. (CONTRACTOR) an Oregon corporation and the CITY OF WOODBURN, OREGON, (CITY) an municipal corporation of the State of Oregon. THE PARTIES HEREBY AGREE AS FOLLOWS: A IOE 1. Term The term of this Agreement shall be from the date of its execution by both parties until June 30, 2000, unless earlier terminated in accordance herewith. Contractor's Services Contractor agrees to provide the services as specified in the Scope of Work attached hereto as Exhibit "A". Contractor shall be reasonably available to City from 8:00 a.m. to 5:00 p.m. Monday through Friday to provide these services. Compensation City shall pay to Contractor for services rendered as follows: a) In consideration of Contractor conducting plan reviews and inspections and related duties as set out in the Scope of Work, 70% of all fees collected including structural, mechanical, and fire/life safety plan reviews shall be paid to Contractor. Included in this compensation is attendance at meetings and preparations of design review reports requested by the Community Development Director. b) Work not included in the Scope of Work shall be paid at the rate of $40.00 per hour and authorized by the Community Development Director with a written memo or work order. c) Contractor shall submit an itemized billing statement for payment of services performed during the previous month. City agrees to pay by the 25th of each month for bills received by the 5th of the month. d) Contractor agrees to satisfactorily complete all plan reviews and inspections including structural, mechanical, and fire/life safety plan reviews, and related duties as set out in the Scope of Work. Payment by City of a percentage of the fees collected for a specific review and/or inspection legally obligates Contractor to complete that review and/or inspection and releases City from the payment of any further compensation to Contractor for the completion of that review and/or inspection. This provision shall survive the termination of this Agreement. Page 1 - Agreement for Building Official and Plan Review/Inspection Services City's Obligations ATTACl'J,M ENT 4 Page ~z_ of ~ In order to facilitate the work of Contractor as above outlines, City agrees to do the following: a) City shall make secretarial service and office space available at City Hall to Contractor as needed to accomplish Contractor's duties. b) City shall provide Contractor with the use of a motor vehicle. Independent Contractor Contractor, in carrying out the services to be provided under this Agreement, is acting as an "independent contractor" and not an employee of City, and as such accepts full responsibility for taxes or other obligations associated with payment for services under this Agreement. As an "independent contractor," Contractor shall not receive any benefits normally accruing to employees of City unless required by applicable law. Furthermore, Contractor may contract with other parties during the duration this Agreement. Insurance Contractor shall maintain at all times commercial general liability insurance, property damage/automobile insurance, and professional malpractice insurance coveting its activities and operations under this Agreement. Contractor shall name City, its officers, agents and employees as an additional insured for general liability and property damage insurance coverage. Such insurance shall be in the form and amounts not less than that set forth ORS 30.270 with the following limits and coverage: Types of Insurance Limits of Liability General Liability Each occurrence - $500,000 General Aggregate $500,000 Automobile Liability covering any vehicle used on City business Combined singular limit $500,000 or bodily injury $200,00 per person and $500,000 per occurrence Property Damage Per occurrence - $250,000 Professional Malpractice $1,000,000 All insurance shall be evidenced by a certificate of insurance provided to City, indicating coverages, limits and effective dates by an insurance company licensed to do business in the State of Oregon. - 10E Page 2 - Agreement for Building Official and Plan Review/Inspection Services Indemnification ATTACHMENT ,4 Pege _~ o't ~ Contractor shall save harmless, indemnify and defend City for any and all claims, damages, losses and expenses including but not limited to reasonable attorney's fees arising out of or resulting from Contractor's performance or failure to perform the obligations under this Agreement to the extent that the same is caused by the negligence or misconduct of Contractor or its employees or agents. Contractor shall not be responsible for any actions occurring prior to December 15, 1997. 8. Worker's Compensation Contractor shall comply with ORS Chapter 656 for all employees who work in the State of Oregon. Contractor shall obtain and maintain at all times during the term of this Agreement, worker's compensation insurance with the statutory limits and employer's liability insurance. Contractor shall provide City with evidence that it is a carrier-insured or self-insured employer in full compliance with the requirements of ORS Chapter 656, or that it employs no persons subject to the requirements of ORS Chapter 656. 9. Standard of Care and Warranty Contractor agrees to perform its services within that standard of care, skill and diligence normally provided by professional individuals in the performance of similar services. It is understood that Contractor must perform the services based in part upon information furnished by City and that Contractor shall be entitled to rely on such information. However, Contractor is given notice that City will be relying on the accuracy, competence and completeness of Contractor's services and utilizing the results of such services. Contractor warrants that the recommendations, guidance and performance under this Agreement shall be in accordance with professional standards and requirements. 10. Ownership of Documents All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of City. All material prepared by Contractor under this Agreement may be subject to the requirements of the Oregon Public Records Law. 11. Non-Assignment No portion of this Agreement may be assigned to any other individual, firm or entity without the express written approval by City. 12. Non-Discrimination Contractor agrees to comply with all applicable requirements of federal and state civil fights and rehabilitation statutes, rules, and regulations. Contractor shall also comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. Page 3 - Agreement for Building Official and Plan Review/Inspection Services 10E 13. 14. 15. 16. 17. Compliance with Public Contracting Laws ATTACHMENT Page ~ of Contractor shall comply with all applicable federal, state and local laws, rules, and regulations regarding public contracting. All provisions of ORS Chapter 279 are specifically incorporated herein to the extent applicable to personal service agreements. Severability In the event any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. Governing Law This Agreement shall be governed by the laws of the State of Oregon. Any action commenced in connection with this Agreement shall be commenced in the District or Circuit Court of Marion County. All rights and remedies of City shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation or waiver of any other rights or remedies of City according to applicable law. Termination Without Cause Either party shall have the right in its sole discretion, to terminate this Agreement by giving 30 days written notice to the other party. Notice Any required notice shall be served to the following addresses: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 RLM Consulting Services, Inc. 4386 Glencole St. NE Salem, OR 97301 CITY OF WOODBURN RLM CONSULTING SERVICES, INC. 10E John C. Brown, City Administrator Date: Date: Page 4 - Agreement for Building Official and Plan Review/Inspection Services EXHIBIT "A" IOE ATTACHMENT Page '¥ , of ~ .- SCOPE OF WORK: The provider shall enter into an agreement with the City of Woodburn to provide Building Official and plan review/inspection services for residential, commercial and industrial buildings under the State of Oregon Building Code, as follows: 1. Provide Building Official administrative duties currently outlined in the City's Program Authority. 2. Perform inspections for structural and fire life safety code compliance with current editions of the following Oregon State Structural Specialty Codes: State of Oregon Structural Specialty Code State of Oregon 1 & 2 Family Dwelling Specialty Code State of Oregon Mechanical Specialty Code Manufactured Home Installation Inspector Manufactured Parks and Camp Inspector Identifying deficiencies for each inspection and clearly noting each item to be corrected separately for each of the aforementioned Oregon State Specialty Codes. 4. State of Oregon Structural Specialty Code plan review/inspections shall include (but not limited to): · Site inspections, soil conditions · Footing, foundation, set backs, reinforcing steel, slab · Under-floor, post and beam · Framing, shear wall, roof framing · Masonry wall · Tilt-up Concrete panel reinforcement · Insulation · Fire walls · Roofing · Suspended ceilings · Fire-sprinkler and alarms · Final approvals for occupancy 5. State of Oregon Mechanical Specialty and I & 2 Family Dwelling Code plan review/inspections shall include (but not limited to): Underground/under-slab, post and beam Rough-in mechanical · Gas lines · Fire dampers · Hood/ducting · Wood stoves · Heat pumps · Boilers · Refrigeration · Finals IOE ATTACHMENT- ~ Page _Jo.---- of ~ Submit inspection reports on forms provided by the City approving or denying the inspection. When an inspection is denied, a list of corrections shall be provided, the report shall be signed by the inspector of record attesting that he/she personally inspected the reviewed construction for compliance with all requirements of the applicable State of Oregon Specialty Codes. Provide equipment necessary to conduct inspections including but not limited to: · Tape measures · Clip boards · Hard hats · Pressure gauges · Staplers/staples · Flashlights Review of and implementation of conditions of approval from planning commission and/or city council. Additional services as directed by Community Development Department to include but not limited to: Right of way inspections (sidewalks, drive-way approaches, ADA curb installations) Sign abatement Dangerous building abatement (emergency response team) Interface with ordinance code enforcement · Provide assistance to public works for questions, collection of fees. C WlyFiles\BLDG\Miscellaneous~liscellaneous - 1999\RLM Scope of Work wpd IOF August 23, 1999 TO: FROM: SUBJECT: Mayor and City Cou~ci~. City Administrator,S' ~ Vacation of Right-of-Way (100 foot Strip behind Columbia Way Recommendation: It is recommended the City Council: 1. Provide direction regarding vacating street-right-of way for Evergreen Way; and, if appropriate, 2. Direct City staff'to initiate vacation proceedings. Background: 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. If need 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-of way. 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. Mayor and City Council August 23, 1999 Page 2. IOF 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 report or the vacation process before Monday's meeting, please contact me at your earliest convenience. JCB CC2 Public Works Director City Attorney IOF MEMO TO: FROM: SUBJECT: DATE: City Administrator Public Works Program Manager Procedures for Vacation of Street Right of Way August 16, 1999 The procedures for vacation of street right of way are defined in Oregon Revised Statute (ORS) 271.080 through 271.230, included as Attachment "A". Due the very high work load in Public Works it is recommended that vacation actions that do not require field work take place during the winter months when the workload typically is not as heavy. There are two methods for initiation of the vacation process. They are: In ORS 271.080 the procedures are outlined whereby any person may petition for vacation of any public property which includes streets. Such petition must be accompanied by signed consent of abutting property owners as defined in this section. In accordance with ORS 271.130 the council is allowed to vacate a right of way on its own motion. Such vacation may be initiated without the petition or consent of property owners. However, if prior to a completion of a hearing on the vacation, a majority of the property owners, as identified in ORS 271.080, object to the proposed vacation in writing the council may not vacate the right of way. As mentioned above in the discussion of how right of way vacations can be initiated, ORS 271.080 specifies the real property affected by a vacation action. Attachment "B" is a drawing that outlines the affected area around a proposed public property vacation as described in that section of statute. If a non- consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before the vacation can be granted. A vacation action can only "substantially affect" abutting property, however, if it prevents public access to the property. IOF The public notice provisions are covered in ORS 271.110. A public hearing on a proposed vacation is required and notices must be published for two consecutive weeks prior to and at least 14 days before the date for the hearing. Notices must also be posted at or near the ends of the proposed vacation area at for at least 14 days before the hearing. After the public hearing, if council determines that the conditions of statue have been met and that the public property should be vacated an ordinance is prepared to make that determination a matter of record and to vacate the property. USE OF PUBLIC LANDS; EASEMENTS IOF 271.110 DEFINITIONS 271.005 Definitions. As used in ORS 271.005 to 271.540: fl) "Governing body" means the board or body in which the general legislative power of a political subdivision is vested. (2) "Governmental body" means the State of Oregon, a political subdivision, the United States of America or an agency thereof. (3! "Political subdivision" means any lo- cal government unit, including, but not lim- ited to, a county, city, town, port, dock commission or district, that exists under the laws of Oregon and has power to levy and collect taxes. I1981 c.787 §2] 271.010 [Amended by 1965 c.25 §1; 1971 c.287 §1; re- peah~d by 1981 c153 §79i 271.020 [Amended by 1953 c283 §3; 1977 c.275 §l; repealed by 1981 c. 153 §791 271.030 IAmendcd by 1953 c.283 §3; repealed by 1981 c.153 §79] 271.040 [Repealed by 1981 c.153 §79] 271.050 [Repealed by 1981 c.153 §791 271.060 [Repealed by 1981 cA53 §791 271.070 [Repealed by 1981 c.153 §79] VACATION 271.080 Vacation in incorporated cit- ies; petition; consent of property owners. (1) Whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a petition therefor setting forth a description of the ground proposed to be va- cated, the purpose for which the ground is proposed to be used and the reason for such vacation. (2) There shall be appended to such peti- tion, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two-thirds in area of the real property af- fected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending lat- erally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral dis- tance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted. In the vaca- tion of any plat or part thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, except where such vacation em- braces street area, when, as to such street area the above requirements shall also apply. The consent of the owners of the required amount of property shall be in writing and duly acknowledged before an officer author- ized to take acknowledgments of deeds. 271.090 Filing of petition; notice. The petition shall be presented to the city re- corder or other recording officer of the city. If found by the recorder to be sufficient, the recorder shall file it and inform at least one of the petitioners when the petition will come before the city governing body. A fail- ure to give such information shall not be in any respect a lack of jurisdiction for the governing body to proceed on the petition. 271.100 Action by council. Thc city governing body may deny the petition after notice to the petitioners of such proposed action, but if there appears to be no reason why the petition should not be allowed in whole or in part, the governing body shall fix a time for a formal hearing upon the peti- tion. 271.110 Notice of hearing. (1) The city recorder or other recording officer of the city shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two consec- utive weeks prior to the hearing. If no newspaper is published in such city, written notice of the petition and hearing shall be posted in three of the most public places in the city. The notices shall describe the ground covered by the petition, give the date it was filed, the name of at least one of the petitioners and the date when the petition, and any objection or remonstrance, which may be made in writing and filed with the recording officer of the city prior to the time of hearing, will be heard and considered. (2) Within five days after the first day. of publication of the notice the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the notice which shall be headed, "Notice of Street Vacation," "Notice of Plat Vacation" or "Notice of Plat and Street Vacation," as the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be not less than 14 days before the hearing. (3) The city recording officer shall, before publishing such notice, obtain from the peti- tioners a sum sufficient to cover the cost of publication, posting and other anticipated expenses. The city recording officer shall hold the sum so obtained until the actual cost has been ascertained, when the amount of the cost shall be paid into the city treas- Title 25 Page 9 (1997 Edition) 271.120 PUBLIC LANDS 1 OF ury and any surplus refunded to the depos- itor. [Amended by 1991 c.629 271.120 tlearing; determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall deter- mine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be preju- diced by the vacation of such plat or street or parts thereof. If such matters are deter- mined in favor of the petition the governing body shall by ordinance make such determi- nation a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. 271.130 Vacation on council's own motion; appeal. (1) The city governing body may initiate vacation proceedings authorized by ORS 271.080 and make such vacation without a petition or consent of property owners. Notice shall be given as provided by ORS 271.110, but such vacation shall not be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on thc basis provided in ORS 271.080, object in writing thereto, nor shall any street area be vacated without the con- sent of' the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city governing body provides for paying dam- ages. Provision for paying such damages may be made by a local assessment, or in such other manner as the city charter may pro- vide. (2) Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other. (3) No ordinance [br the vacation of all or part of a plat shall be passed by the gov- erning body until the city recording officer has filed in the off, ce of the city recording officer or indorsed on the petition for such vacation a certificate showing that all city liens and all taxes have been paid on the lands covered by the plat or portion thereof' to be vacated. (4) Amy property owner affected by the order of vacation or the order awarding damages or benefits in such vacation pro- ceedings may appeal to the circuit court of the county where such city is situated in the manner provided by the city charter. If the charter does not provide tbr such appeal, the appeal shall be taken within the time and in substantially the manner provided for taking an appeal from justice court m civil cases. [Amended by 1995 c.658 ~1011 Note: For text (d' 271.130 operative until January 15, 1~)8, ~, 271.130 ¢1995 EdifiCmk ~ee notc~ preceding IA)0[ tL~ ['ur~hc~ explanatmn. 271.140 Title to vacated areas. Thc tit~c to thc street or other public area vacated ~hall attach to the lands bordering on such area in equal portions; except thaL where the area has been originally (lcdica~ed by tnt persons and the fLe title to such anm has not been oLherwise disposed of, original boundary linc~ shall be adhered to and thc street area which lies on each side of such boundary line shall attach to thc abutting property on such side. If a public square is vacated the title thereto shall vest in the city. [~nended by 1981 c.153 ~581 271.150 Vacation records to be filed; costs. A certified copy of the ordinance va- cating any street or plat area and any map, plat or other record in regard thereto which may be required or provided for by law, shall be filed for record with the county clerk. The petitioner for such vacation shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. A certified copy of any such ordinance shall be filed with the county assessor and county su~eyor. 271.160 Vacations for p~oses of re- dedication. No street shall be vacated upon the petition of any person when it is pro- posed to replat or rededicate all or part of any street in lieu of the ori~nal unless such petition is accompanied by a plat showing the proposed manner of replatting or rededi- caring. If the proposed manner of replatting or rededicating or any modification thereof which may subsequently be made meets with the approval of the city governing body, it shall requfre a suitable ~mrantee to be given for the carrying out of such replatting or re- dedication or may make any vacation condi- tional or to take effect only upon the consummation of such replatting or rede(ii- cation. 2~1.1~0 Nature ~d operation of stat- utes. The provisions of ORS 271.080 to 271.160 are alternative to the provisions of the charter of any incorporated city and nothing contained in those statutes shall in anywise affect or impair the charter or other provisions of such cities for the preservation of public access to and from transportation terminals and navigable waters. 271.180 Vacations in municipMities in- cluded in po~ dist~cts; petition; power of common council; vacating street along railroad easement. To the end that Title 25 Page 10 (1997 Edition) ~lli-Home Farmworker Housing Development Corporation Corporacion de Desarrollo de Vivienda Campesina August 4, 1999 Police Chief Paul E. Null City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Chief Null: On behalf of the Farmworker Housing Development Corporation (FHDC), and Nuevo Amanecer residents we would like to request permission to use outdoor amplification and sound on Sunday, August 29 1999. The purpose of our event is the grand opening ofNuevo Amanecer Phase II, a 40 new unit addition of farmworker housing. The event will start at 2:00 p.m. and will end at or about 5:30 pm. We are planning to have a live mariachi band to entertain our guests and speakers. We expect to have an attendance of some 200 individuals. This will be a great opportunity to demonstrate the community's commitment to see Woodburn as a successful community, as well as the advancement in community development that benefits families and children. Thank you for your consideration. Please let me know if you have any questions and/or need additional information. Sincerely, Executive Director 10G 160 West Cleveland Street · Woodburn, Oregon 97071 · (503) 981-1618 Fax (503) 981-3662 USE OF PUBLIC LANDS; EASEMENTS 271.230 10F quate facilities for terminal trackage, struc- tures and the instrumentalities of commerce and transportation may be provided in cities and towns located within or forming a part of any port district organized as a municipal corporation in this state, the governing body of such cities and towns, upon the petition of any such port, or corporation empowered to own or operate a railroad, steamship or other transportation terminal, or railroad company entering or operating within such city or town, or owner of property abutting any such terminal, may: (1) Authorize any port commission, dock commission, common carrier, railroad com- pany or terminal company to occupy, by any structure, trackage or machinery facilitating or necessary to travel, transportation or dis- tribution, any street or public property, or parts thereof, within such city or town, upon such reasonable terms and conditions as the city or town may impose. (2) Vacate the whole or any part of any street, alley, common or public place, with such restrictions and upon such conditions as the city governing body may deem rea- sonable and for the public good. (3) If any railroad company owns or has an exclusive easement upon a definite strip within or along any public street, alley, common or public place, and if the city gov- erning body determines such action to be to the advantage of the public, vacate the street area between the strip so occupied by the railroad company and one property line op- posite thereto, condition that the railroad company dedicates for street purposes such portion of such exclusive strip occupied by it as the city governing body may determine upon, and moves its tracks and facilities therefrom onto the street area so vacated. The right and title of the railroad company in the vacated area shall be of the same character as previously owned by it in the exclusive strip which it is required by the city governing body to surrender and dedi- cate to street purposes. 271.190 Consent of owners of adjoining property; other required approval. No va- cation of all or part of a street, alley, com- mon or public place shall take place under ORS 271.180 unless the consent of the per- sons owning the property immediately ad- joining that part of the street or alley to be vacated is obtained thereto in writing and fi]ed with the auditor or clerk of the city or town. No vacation shall be made of any street, alley, public place or part thereof, if within 5,000 feet of the harbor or pierhead line of the port, unless the port commission, or other bodies having jurisdiction over docks and wharves in the port district in- volved, approves the proposed vacation in writing. 271.200 Petition; notice. (1) Before any street, alley, common or public place or any part thereof is vacated, or other right gRsanted by any city governing body under 271.180 to 271.210 the applicant must petition the governing body of the city or town involved, setting forth the particular circumstances of the case, giving a definite description of the property sought to be va- cated, or of the right, use or occupancy sought to be obtained, and the names of the rsons to be particularly affected thereby. e petition shall be filed with the auditor or clerk of the city or town involved 30 days revious to the taking of any action thereon y the city governing body. (2) Notice of the pendency of the petition, containing a description of the area sought to be vacated or right, use or occupancy sought to be obtained, shall be published, at least once each week for three successive weeks prior to expiration of such 30-day pe- riod in a newspaper of general circulation in the county wherein the city or town is lo- cated. 271.210 Hearing; grant of petition. Hearing upon the petition shall be had by the city governing body at its next regular meeting following the expiration of 30 days from the filing of the petition. At that time objections to the granting of the whole or any part of the petition shall be duly heard and considered by the governing body, which shall thereupon, or at any later time to which the hearing is postponed or adjourned, pass by a majority vote an ordinance setting forth the property to be vacated, or other rights, occupancy or use to be thereby granted. Upon the expiration of 30 days from the passage of the ordinance and the ap- proval thereof by the mayor of the city or town, the ordinance shall be in full force and effect. 271,220 Filing of objections; waiver. All objections to the petition shall be filed with the clerk or auditor of the city or town within 30 days from the filing of the petition, and if not so filed shall be conclusively pre- sumed to have been waived. The regularity, validity and correctness of the proceedings of the city governing body pursuant to ORS 271.180 to 271.210, shall be conclusive in ali things on all parties, and cannot in any manner be contested in any proceeding whatsoever by any person not filing written objections within the time provided in this section. 271.230 Records of vacations; fees. (1) If any town or plat of any city or town is vacated by a county court or municipal au- Title 25 Page 11 (1997 Edition) 271~300 PUBLIC LANDS IOF thority of any city or town, the vacation or- der or ordinance shall be recorded in the deed records of the county and shall be in- dexed under the letter "V,' title "Vacations." Whenever a vacation order or ordinance is so recorded, the county sur- veyor of such county shall, upon the original plat and any copy thereof certified by the county clerk, trace or shade ~vith permanent ink in such manner as to denote that portion so vacated, and shall make the notation "Vacated" upon such original plat or copy thereof, giving the book and page of the deed record in which the order or ordinance is recorded. (2) For recording in the county deed re- cords, the county clerk shall collect the same fee as for recording a deed. For the services of the county surveyor for marking the re- cord upon the original plat, the county clerk shall collect a fee as set by ordinance of the county governing body to be paid by the county clerk to the county surveyor. IAmended by 1971 c.621 §31; 1975 c.607 §31; 1977 c.488 §2; 1979 c.833 §30] MISCELLANEOUS PROVISIONS RELATING TO THE TRANSFER, LEASE, DONATION OR USE OF PUBLIC LANDS 271.300 Application and administra- tion of ORS 271.300 to 271.360. (1) The power granted by ORS 271.300 to 271.360 is vested in each political subdivision of the State of Oregon. The power is self-operating, without the necessity of further legislation. (2) In carrying ORS 271.300 to 271.360 into effect, a political subdivision shall act through its duly constituted governing body. Each political subdivision through its gov- erning body may provide rules necessary in carrying out ORS 271.300 to 271.360. [Amended by 1981 c.787 §26; 1985 c.443 §4] 271.310 Transfer or lease of real prop- erty ow~ned or controlled by political sub- division;procedure in case of qualified title. (1) Except as provided in subsection (2) of this section, whenever any political subdi- vision possesses or controls real property not needed for public use, or whenever the public interest may be furthered, a political subdi- vision may sell, exchange, convey or lease for any period not exceeding 99 years all or any part of their interest in the property to a governmental body or private indiw'dual or corporation. The consideration for the trans- fer or lease may be cash or real property, or both. (2) If the ownership, right or title of the political subdivision to any real property set apart by deed, will or otherwise for a burial ground or cemetery, or for the purpose of interring the remains of deceased persons, is limited or qualified or the use of such real property is restricted, whether by dedication or otherwise, the political subdivision may, after the county court or governing body thereof has first declared by resolution that such real property is not needed for public use, or that the sale, exchange, conveyance or lease thereof will further the public inter- est, file a complaint in the circuit court for the county in which such real property is located against all persons claiming any right, title or interest in such real property, whether the interest be contingent, condi- tional or otherwise, for authority to sell, ex- change, convey or lease all or any part of such real property. The resolution is prima facie evidence that such real property is not needed for public use, or that the sale, ex- change, conveyance or lease will further the public interest. The action shall be com- menced and prosecuted to final determi- nation in the same manner as an action not triable by right to a jury. The complaint shall contain a description of such real property, a statement of the nature of the restriction, qualification or limitations, and a statement that the defendants claim some interest therein. The court shall make such judgment as it shall deem proper, taking into consideration the limitation, qualifications or restrictions, the resolution, and all other matters pertinent thereto. Neither costs nor disbursements may be recovered against any defendant. (3) Real property needed for public use by any political subdivision owning or con- trolling the property shall not be sold, ex- changed, leased or conveyed under the authority of ORS 271.300 to 271.360, except that it may be exchanged for property which is of equal or superior useful value for public use. Any such property not immediately needed for public use may be leased if, in the discretion of the governing body having con- trol of the property, it will not be needed for public use within the period of the lease. (4) The authority to lease property granted by this section includes authority to lease property not owned or controlled by the political subdivision at the time of en- tering into the lease. Such lease shall be conditioned upon the subsequent acquisition of the interest covered by the lease. [Amended by 1955 c.755 §1; 1961 c. 136 §1; 1979 c.284 §127; 1981 c.787 §27; 1985 c.443 §5] 271.320 Exchange of trust fund assets. If any property owned by a political subdivi- sion is held as an asset of any special trust fund securing the payment of bonds, it may be exchanged, under the authority granted in ORS 271.310, for other property of equal or superior value, and property so received in exchange shall be an asset of the fund in lieu Title 25 Page 12 (1997 Edition) 1OF ATTACHMENT "B" RIGHT OF WAY VACATION AFFECTED AREA 400' 200' 200' 400' AFFECTED AREA PROPERTY T,O BE VACATED 10G City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: Through: August 16, 1999 Paul Null, Chief of Police Mayor and City Council John Brown, City Administrator Subject: Sound Amplification Permit - Farmworker Housing Development Corp. Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Roberto C. Franco of Farmworker Housing Development Corporation (FHDC). The request is for Sunday, August 29, 1999, from 2 - 5:30 p.m. The permit is to allow for live musical entertainment and other festive activities for the grand opening of a 40 unit addition of farmworker housing at Nuevo Amanecer. Recommendation: The City Council approve a sound amplification permit for FHDC on August 29, 1999, for the hours of 2 - 5:30 p.m. CITY OF WOODBURN 10G APPLICATION NAME: PERSON RESPONSIBLE: ADDRESS & TELEPHONE: l&O ~ ~, (of person responsible) FOR AMPLIFICATION OF SOUND DATE: (co~oration, business or group in control of event) AGE: TYPE OF EVENT: Date of Event: ,Starting Time: ~t~ Ending Time: Signa~t IOH City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: Through: August 16, 1999 Paul Null, Chief of Police Mayor and City Council John Brown, City Administrator.,~''~ Subject: Sound Amplification Permit - Woodburn Crossing Shopping Center Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Kristy M. Olson of Brice Investment Realty, Inc.. The request is for Wednesday, September 15, 1999, from 5 - 7:00 p.m. The permit is to allow for live musical entertainment at Woodburn Crossing Shopping Center and is sponsored by Woodburn Crossing Merchants Association. The event is open to the community. Recommendation: The City Council approve a sound amplification permit for Woodburn Crossing Shopping Center on Wednesday, September 15, 1999, for the hours of 5 - 7:00 p.m. IOH AUGUST 3, 1999 LEE WALTON CITY ADMINISTRATOR CITY OF WOODBURN 270 MONTGOMERY ST. WOODBURN, OR 97071 Dear Lee, As you might recall, last year on July 15, 1999 the Woodburn Crossing Shopping Center requested a use of sound amplification equipment for a summer concert that was held. We would like to make this request again to the Woodburn City Council for Wednesday, September 15, 1999 from 5pm to 7pm. This concert is a blues/R&B group that is well known in the Portland area, and will be playing on stage in the courtyard of the Woodburn Crossing Shopping Center. This event is sponsored by the Woodburn Crossing Merchants Assoc. and will be free of charge to the community. Please feel free to contact me at 503-682-5000 with any further questions. Thank you for your consideration to this matter. Sincerely, Kristy M. Olson i Brice Inv. Realty, Inc. Il l/ I /a` ll // i/ / /ill /f /l~' / I /l I//k / / // /I INVESTMENT REALTY, INC. 9450 S.W. Commerce Cir · Wilsonville, Oregon 97070 · 503-682-5000 · FAX 503-682-3786 10I City of Woodburn .police Department .... S,,,..t..,,,a, ff Report._ ._.. ,, 270 Montgomery Street Woodburn, Oregon 97071 Date: August 16, 1999 From: Paul Null, Chief of Police To: Mayor and City Council r~'" Through: John Brown, City Administrato (503) 982-2352 Subject: Sound Amplification Permit - St. Lukes Church Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Thomas l Maravilla of St. Lukes Church. The request is for Sunday, August 29, 1999, from 9 - 3:00 p.m. The permit is to allow for live musical entertainment and other festive activities to celebrate 100 years as a parish. Recommendation: The City Council approve a sound amplification permit for St. Lukes Church on August 29, 1999, for the hours of 9 - 3:00 p.m. St. Luke Catholic Church 417 tlarrison St. Woodburn, OR. 97071 (.503) 981-.5011 lOI August 9, 1999 Chief of Police City of Woodburn 2 70 Montgomery Street Woodburn, Oregon 97071 DeaF Sip, The parish of St. Luke is tn need ora Sound Amplification Permit for August 29, 1999. We will be conducting an outdoor religious service and having a celebration in recognition of our I00 years as a parish. We will be using the sound system for music and other festive activities. The agenda dictates our celebration being from 9:00 a.m. to approximately 3.'OO p. m. ShouM you have need of additional information, please contact our office at 981-5011 or call me at my home at 981-1791. Sincerely Yours, Celebration Manager lOJ City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: Through: August 19, 1999 Deputy Chief Paul Nul Mayor and City Council John Brown, City Administrator-'~"" Subject: Sound Amplification Permit Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The Woodburn Downtown Association is requesting a sound amplification permit for Tuesday, August 31, 1999, from 7:00 p.m. to 8:30 p.m. The association plans on having a "Concert in the Park", at Library Park, with live music. Association member Beverly Koutney advises she has scheduled the event with the library and there are no conflicts with other scheduled park events. Recommendation: The City Council approve a sound amplification permit for Woodburn Downtown Association for Tuesday, August 31, 1999, from 7:00 p.m. to 8:30 p.m., at Library Park CC Linda Sprauer- Library Randy Westrick - Parks WOODBURN DOWNTOWN A S S 0 C I A T I 0 N P.O. BOX 344 WOODBURN, OREGON 97071 We invite yo join us today! '~ c~ :, , ',~ lOJ IlA Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date' To: From: Subject: Recommendation' August 20, 1999 Mayor and City Council thru City Administrator Planning Staff Comprehensive Plan Growth Management and Annexation Goals & Policies and Implementing Ordinance It is recommended that the City Council adopt the Comprehensive Plans Growth Management and Annexations Goals and Policies but defer action on an implementing Ordinance until the revised draft WZO is presented to the Council. PRIMARY OBJECTIVES: · To refocus the City's Urban Growth Management Program and Annexation Process. · Put in place Goals and Policies that control the rate of residential growth. · Establish criteria that prioritizes land to be annexed to the City. · Provide for the orderly transition of rural land to urban uses. The initial step in accomplishing the primary objectives began with the City Council drafting new legislation that would amend the Comprehensive Plans Growth Management and Annexation Goals and Policies. Those Goals and Policies would then lay the foundation for the development of criteria that could be incorporated into the Woodburn Zoning Ordinance (WZO). Upon completion of this exercise, the draft was then submitted to the Planning Commission for their recommendations. After several work sessions and a public hearing on April 16, 1999, the Commission recommended the City Council approve an amended version of the Council's original draft. Basically, few revisions were recommended by the Planning Commission regarding the IIA Comprehensive Plan and Annexation Goals and Policies. The most notable of those revisions being the availability of buildable residential properties be expanded from a three year to a five year supply. Otherwise, the Comprehensive Goals and Policies remained virtually the same as drafted by the City Council. As for the criteria that would be incorporated into the WZO, the Planning Commission proposed an alternative to the Council's draft. Their recommendation called for the modification of the evaluation criteria by placing a numerical weighting to that criteria. At the Council hearing of June 14, 1999 Planning Staff's understanding is the Council was "comfortable"with the Comprehensive Plan Goals and Policies but had concerns regarding the revisions proposed by the Commission relating to amendments to the draft WZO criteria. The focus of those concerns centered on removal of the requirement that residential properties may not be annexed if there is a five year supply of buildable residential land available and minimum lot size standards. Since that discussion of June 14, 1999, there has been discussions among Staff as to the merits of proceeding with the exercise to incorporate the Annexation criteria into the WZO. At this time, the Staff is moving forward with a program to draft a new WZO that would incorporate many of the criteria outlined in the Annexation process. llA COMPREHENSIVE PLAN CHANGES llA Proposed Woodburn Comprehensive Plan Revisions Key to Proposed Revisions: Existing Woodburn Comprehensive Plan Goals and Policies Proposal initiated in 1999 Revision by the Planning Commission to the proposal initiated in 1999. [Deletion] Revision recommended by DLCD, April 22, 1999 L. Growth Goals L-1 The City's goal is to goal is to grow to a population of approximately [18,000] 26, 000 by the year [2008] 2020. This growth ~.b;a]] [should] be orderly and accompanied by the necessary public services. The growth ~b~!, [should] be balanced in residential, industrial, and retail sectors of the City. [As much as possible,] the growth ¢~!] [should] not add any additional burdens on the City's taxpayers. L~2 re~ui[e inlgs ~:~i~{~' i~b L-3 urban ~qro wth boundary t~ I:\Community Development\Planning\Roger\total.snx.6MAY-Part I.wpd Revised: 8/19/99 1 llA approach and manage growth so that the benefits of a compact community are achieved. L-4 The goal is to limit the amount of vacant land within ,the Gity:in Order to enjoy the benefits Ofa (cohesive} compact and efficient inClUding reducing the rate that farmland is converted to urban ~se and the optimum use' of public service :and utility capacity. There are multiple benefits to the community from managing the,amount and h\Community Oevelopment\Planning\Roger\total.anx,6MAY-Part I.wpd Revised: 8/19/99 2 IlA L-6. L-7 Minimum residential standards are introduced in recognition that each unit of land has a reasonable carrying capacity, that is, can support a specified number of dwelling units when converted to urban use. The maximum density currently specified by zoning is bracketed at the other end by the minimum density. Minimum residential density standards are currently in place in the Portland Metropolitan Area. and emphasis is gradually being placed on the remainder of the state to implement the concept. Another element of the concept is to intensify development along transit corridors due to enhanced accessibility. Increased density may considered along transit corridors through application of clustering density in PUD's and from more intensive zoning classifications. Annexation provides an opportunity to introduce these concepts into the area by starting with consideration of the requirement in newly annexed areas. The application of minimum densities will be based on target densities that consider transit service, need and community scale. Target density standards will be established based on specific proposals. In so doing the City will promote a wider range of living environments and better serve the needs of a diverse population. The goal is to further the incremental extension of an interconnected street system. An interconnected street system improves the efficiency of movement by providinq direct linkages between ori,qins and destinations. It also creates alternative routes. Such a system creates stronger ties amonq activity centers and makes the development of passed over land more attractive. It is common in most communities that streets in new development are "stubbed." This means a dead end street until the stub is potentially connected by a future phase of development. Annexations provide opportunities to emphasize the ultimate extension and completion of streets. The potential benefit is improved connectivity in the street pattern as the City develops. It is the goal to assure the provision of major streets as shown in the Transportation Systems Plan. The TSP lays out the arterial and collector street extensions and improvements necessary to support approximately a doubling of the population within the City. Due to limitations on the responsibility that developers must exercise regarding offsite transportation impacts, the City shall hold development accountable for major streets within and abutting the development. In addition, the policy of the ~ r ' '' J r ~ t y [2.v~:loprt~erlt Planr'~r~g Roger tolat anx 6MAY Parl I wpd R~!vlsed 8/199!) 3 llA L-8 L-9 City is to emphasize development outward in successive steps and phases that avoid unnecessary gaps in the development and improvement off the major streets. The phasing of street extensions is a function of the City's ClP process and the street improvements by development that correspond to the traffic impacts that are generated by that development. The goal is to provide opportunities to fulfill community needs identified by the Council. From time to time the site for a facility to service the community is identified at the edge of the City. The City Council shall hold a public hearing on such proposals prior to accepting an annexation application to determine that such facilities are of a community wide scope and that a perimeter location is appropriate. The goal iSto refleCt the CitY, s development objectives inClUded in the CIP, L-lO L-11 The Planned Unit Development (PUD) is a plannin.q and design technique the provides greater flexibility in desi~qn than is allowed in the application of other techniques, such as the standard subdivision process. The benefits of the PUD techniques include allowing development with mixed uses, housing that is sited based on density with compensatin~q open space, and control of architectural review and common land ownership and management. Ia total design approach to development. It considerS.the mix of uses, the type and denSitY of uses, the circulation, the open Space a:nd the landScaping!] consequently it pro,ides greater opportunities-for cre~five SOlUtions and diversitY ~han the application of traditional ordihance requirements, The ~goal is to accommodate indUstrial and commercial deVelopment that pro~ideS.local emplb~m~nt?bbt dO~S not:require special commuhitY financial incentives, It is clear that local industrial and commercial development will provide local I:\Communit¥ Development~Planning\Roger\total.anx.6MAY-Par! I.wpd Revised: 8/19/99 4 employment. Such local jobs provide opportunities for local residents and for employees attracted to the Woodburn area. To benefit the community, not only must the development create jobs but it must also operate within the capacity of the City's infrastructure. The City is unwilling to absorb the costs of accommodating new employment that require special financial involvement from the City. L_-12 The goal is to diversify the local economy. Woodburn seeks to diversify the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors but a choice in employment opportunities that in turn allows for the diversification in income types. M. Growth and Urbanization Policies To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services shall [should] be in accordance with the master plans in this Comprehensive Plan. M-2 [No change] M-3 The City's public facilities now being built are to be paid for by the system development charges from the anticipated growth. The provision of facility capacity in excess of that which can be funded by SDC's, and the development that requires that capacity, will be delayed until it is funded by development or by other funding sources. [bond measures approved by City residents.][To insure that the City's growth does not fall short of the expected growth rate, the City would only take necessary measures to stimulate growth under extreme circumstances.] M-4 thru M-8 [No change[ M-9 [Except as provided in Policy K-10 below,] The area outside the urban growth boundary shall be maintained in rural and resource uses consistent with the Statewide Land Use Planning Goals. M 10 [No change] llA M-11 Conversion of land within the boundary to urban uses shall be based on consideration of' Orderly, economic provisions for public facilities and services; Availability of sufficient land for the various uses to allow a margin of [insure] choice[s] in the market place; LCDC Goals; Fu rth e r develop~e n~ 9~.vacaot and:u ndgr U~i!i~ ~esideotial I~ gd within the ,City,s b~ildab~!~ ~,~j~ye~g[y b~e'fo~e an~ie'~i~g additig~l conversion tO rbsidenti~l UlS~iat ~[~an !de~s~t!~; [Encouragement of in- filling development with developed areas before conversion of urbanizable areas;] and Applicable provisions of the Marion County and City Comprehensive Plans. D;2, D'3. beh~bfit,':;.tb'~h b Pr~o~i*i ,~t ~:' ~5 'bi='it~:~ d?:h.e~u't ~"a""':~'~' ill~'":~iv'~'t?'~d~der city. c,:?Fost'ei'i~~ compact and efficient u I:\Community Developrnent\Planning\Roger\total.anx,6MAY-Part I.wpd Revised: 8/19/99 6 llA D-4. The goal is touse annexation asa tool to guide: a. The direction, shape and pattern :of urba~ development; b. Smooth transitions in the physical identity and the development pattern of the community; and c. The efficient use and eXtension of Cit¥~acilifie~ and Se[vices. D-5 Annexation Policies D-1-1 Annexation policies are extremely important for the City. While it is important that enough land is available to ~~[ margin of] ~ i~ [for the necessary development anticipated in the City of Woodburn] it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for improvements, the City ~,.h~]] [should] insure that there is ~i~i! five year supply of ~ residential !~d [vacant land] within the City. Services ~!] [should] be provided to that land during the ~hre~ five year period. * D-2-2 [No Change] a h\Comrnunity Development\Planning\Roger\total.anx.6MAY-Part I.wpd Revised: 811 9/99 7 I1A bo D-6-6 Annexation applications tliatdo not conform,With.the ,annexation,criteria and standards :may be, considered ~,by the~Pla'nnidg~'COmmisSiOn~;;aft'er,a public'~hea'ring, for an'exception'. The ~d'm'mis~i~.~'~i~gr~ant~iaii,e~kc~Ption based on conf6rmance -With ,:',the ·criteria ~n'd ~standards,~ased measures. The City,GOunCil may review: :~h~, ~6~'~i~sion's action. h\Community Development\Plannin§\Roger\total.anx.6MAY-Part I.wpd Revised: 8/19/99 8 liB Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 ¥ u bject ,&,~cJ(,st 1'i~ 1{i9c Mayor and {}ity Council thru OIty Administrator Planning Cors~m~ss~on Site Plan Review g9 05 Stein OiJ Company At their meeting of June 10, 1999 the Planning Commission reviewed the Stein Oil Cornpany site plan The Commission has the discretion to call up any administrative decision. This the Commission did and called for a hearing to be held on this matter July 8'~, 1999. Originally the applicants proposal presented a site plan that had four pump islands with a total of eight gas pumps. The proposal submitted to the Planning Commission on July 8'~, 1999 was modified by the applicant to contain only three islands with six pumps. See Exhibitland After rewewing the applicant's request, the Planning commission instructed Staff to prepare an order with conditions and findings approving the Exhibit "11" site plan. the modified version The order was approved by the Commission at their next hearing of July 22. 1999 On July 26. 1999 the City Councit called up the Planning Commissions decision regarding tile Stein Oil Proposal for a Public Hearing to be held on August 23, 1999. The full text of this proposal and the Planning Commission order is attached. *Note: The 120 day rule for processing this application expires September 14, 1999. SO' 09 ' 10 "~,' 12 liB II 1 Ill X I P// AND UTILITY BUILDING PLaN ~EW 41081~ ,r-'jr,, :,, Il NV-la EUJe 144.93' 77.4-9' -- ~ MT. HOOD AVE. AC~C~ STEIN OIL 76 Exhibit "11" STEIN OIL 76 .7 Exhibit "I1" 270 Montgomery Street · Woodburn, Oregon 97071 · (503} 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 Submittal Date: 04/09/99 Notice of Complete Date: 05/18/99 120 Day Rule Deadline: 09/15/99 Staff Report Available for Public Review: STAFF REPORT SITE PLAN REVIEW 99-05 I APPLICANT: Stein Oil Company 19805 McLoughlin Blvd. Gladstone, OR 97027 II OWNER: Chris S. Taylor 6910 N. E. 151st Circle Vancouver, WA 98686 III NATURE OF THE APPLICATION: The applicant is requesting approval to construct a retail gas station adjacent to Oil Can Henry's. The facility will consist of four gasoline dispensers and one diesel dispenser. See Attachment A IV RELEVANT FACTS: The subject site is located at 1754 Mt. Hood Avenue. The property can be specifically identified as Tax Lot 1000, Parcel 2, Marion County Assessor's map T5S, 1W, Section 8DB. See Attachment B The lot consist of 9,322 sq. ft. The subject property is zoned CG Commercial General - Retail. Gas Stations are allowed as a permitted use. Access to the facility is proposed via the existing driveway approach onto Highway 214 and by way of a reciprocal easement agreement with Bi-Mart. The applicant is responsible for obtaining any permits that may be necessary from DEQ or ODOT. liB SPR 99-05 - Unocal 76 Station - Page 1 of 10 llB V RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan Woodburn Zoning Ordinance Chapter 2 Administration of the Ordinance Chapter Chapter Chapter Chapter Chapter Chapter 5 Permits and Enforcement 6 Planning Commission 8 General Standards 10 Off-Street Parking, Loading and Driveway Standards 11 Site Plan Review 30 General Commercial C. Woodburn Landscaping Policies and Standards D. Woodburn Sign Ordinance STAFF COMMENTS: Applicable approval criteria have been met through the implementing ordinances of the adopted subdivision standards, zoning ordinance and any other ordinances in affect at the time of approval. A. Woodburn Zoning Ordinance The following sections of the Zoning Ordinance were found to be relevant to the approval of this application: Chapter 8 General Standards Section 8.190 Vision Clearance. The vision clearance areas shall not contain any plantings, walls, structures, or temporary or permanent obstructions to vision exceeding 30 inches in height above the curb level, or street shoulder where there is not curb. STAFF COMMENT: Vision clearance is maintained with the possible exception of the free standing (monument) sign that could be in the vision clearance area. A condition of approval will be that this sign meet vision clearance standards. Chapter 10 Off Street Parking, Loading and Driveway Requirement Section 10.010. New and Existing Facilities to Provide Parking and Loading. Off-street automobile parking areas and off-street loading areas as hereinafter set forth shall be provided and maintained: (a) For any new building or structure erected; SPR 99-05 - Unocal 76 Station - Page 2 of 10 lIB Section 10.050. Off-Street Automobile Parking Requirements. Off-street automobile parking shall be provided as required by Section 10.070 and approved by the Planning Director, in the amounts not less than those listed below: One parking stall per two employees STAFF COMMENT: The applicant is providing four parking stalls. During peak periods of business two attendants will be required. One handicap stall is to be shared between the Oil Can Henry's facility and the Unocal site. Unocal's employee restroom is ADA accessible. Section 10.070. Parking and Loading Area Development Requirements. All parking and loading areas except those for single family dwellings shall be developed and maintained as follows: (b) Surfacing: All driveways, parking and loading areas shall be paved with asphalt or concrete shall be adequately designed, graded and drained as required by the Public Works Department. (c) Bumper Guards or Wheel Barriers: Bumper guards or wheel barriers shall be so installed that no portion of a vehicle will project into a public right-of-way or over adjoining property. The area beyond the wheel barriers or bumper guards shall be paved or covered with ever green ground cover. (d) Size of Parking Spaces and Driveways: The parking area, each parking space and all driveways shall be of sufficient size and all curves and corners of sufficient radius to permit the safe operation of a standard size automobile, to wit: 1. Parking space (See Appendix 1 - Woodburn Zoning Ordinance) 2. Maximum 8 percent grade for driveways. Anything in excess of this standard is subject to review of the Public Works Department. Directional signs and pavement marking shall be used to control vehicle movement in the parking lot. (e) Access: All parking or loading areas shall be served with either separate ingress and egress driveways or with an adequate turn-around which is always available and useable. All entrances and exists onto a public right-of-way shall first have the approval of the Planning Director and/or the City Engineer. SI'I*, 99-05 - tJnocal 76 Station - Page 3 of 10 liB (g) Lighting: Any light used to illuminate a parking or loading area shall be so arranged as to be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto moving vehicles on public right of way. STAFF COMMENT: No loading space has been provided due to the fact that only fuelin9 trucks for under9round delivery at off-peak hours will be on site. The driveway and parking areas will be paved with parking stalls meeting length and width requirements with wheel stops. Directional signs are required for ingress and egress. A conditional of approval is that the applicant shall provide staff with a lighting plan and comply with this section of the Woodburn Zoning Ordinance. Access to Highway 214 is controlled by ODOT. Their comments are incorporated in Attachment F. Section 10.080 Driveway Standards. (d) Commercial and Industrial driveway widths, number and location shall be evaluated at the time of Site Plan or Building Permit submittal and reviewed against existing City Engineering standards and land use policies. However, no driveway shall be more than 26 feet unless it is shared access with an adjoining property, then it may be up to 34 feet wide. STAFF COMMENT: The driveway exceeds city standards but the access is controlled by ODOT. Chapter 11 Site Plan Review Section 11.030 Approval of Site Plan Required (a) No building permit for construction of structures governed by this chapter shall be issued until the Site Plan for that structure has received approval under the provisions of this Chapter. (b) Any conditions attached to the approval of the Site Plan shall be conditions on the issuance of the building permit. A violation of the conditions shall be considered a violation of this Ordinance. Section 11.070 Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: STAFF COMMENT: The applicant has addressed the Site Plan Review criteria, see 994)5 - tim)cai 76 Station - Page 4 of 10 liB attached narrative (Attachment A) with the Site Plan Review application from the applicant. (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. STAFF COMMENT: The Oil Can Henry's and the proposed service station are a compatible mix. However, it is difficult to assess whether the proposed use mix of large gasoline delivery trucks is compatible with customer traffic from the Bi-Mart complex. It would be best to condition the delivery of fuel to evening hours. (b) Landscaping shall be used to minimize impact on adjacent uses. and (c) Landscaping shall be so located as to maximize its aesthetic value. STAFF COMMENT: The minimum landscaping standards have been met. See Attachment B. (d) Access to the public streets shall minimize the impact of traffic patterns. Whenever possible, direct access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. STAFF COMMENT: The access to Highway 214 is controlled by ODOT. The proposed drive onto and off of Highway 214 is shared through a reciprocal easement with Oil Can Henry's. There is also a reciprocal easement with Bi-Mart. A condition of approval will be that all reciprocal easements be provided the city staff prior to a building permit being issued. (e) The design of the drainage facilities shall minimize the impact on the city's or other public agencies drainage facilities. STAFF COMMENTS: Utility services are available at the site. Storm drainage is required to hook into the existing system. The storm drain system will have to connect to ODOT's system. (0 The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. STAFF COMMENTS: Not applicable (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 SPR 99-05 - Unocal 76 Station - Page 5 of 10 liB (h) location and appearance of the proposed development are involved and The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. STAFF COMMENTS: The applicant has provided all necessary documents and drawings to fulfill the site plan requirements VI VII Sign Ordinance Standards Section 11(c) Signs in the CG District (1) A total of 2 signs per each business, which may be wall signs or roof signs, the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, which ever is greater. (2) Only one projecting or tree standing sign is allowed per business. (5) Free standing signs are limited to a maximum height of 35 feet. (6) Free standing signs are limited to a maximum of 75 square feet in area. STAFF COMMENT: The existing Oil Can Henry's sign will have to be relocated because of the reconfiguration of the ingress/egress on Highway 214. The Unocal sign will be a monument sign. Assurances this sign will not be in the vision clearance area of the Bi-Mart driveway may require it to be placed farther back from the highway. STAFF FINDINGS: A. The request complies with the comprehensive plan and the comprehensive plan map. B. The proposed use is allowed per Chapter 30 CG - Commercial General District of the Woodburn Zoning Ordinance C. The site plan is in substantial conformance with Chapter 11 Site Plan Review D. The applicant has submitted sufficient information as required per Chapter 11 Site Plan Review CONCLUSION: liB VIII The applicant is requesting administrative approval of a service station. DECISION AND CONDITIONS OF APPROVAL: The approval of the subject site is granted by the Community Development Director and is subject to the following conditions of approval: Planning: Public Works: Fire: Dept. of Transportation: Building: Police: See Attachment C See Attachment D See Attachment E See Attachment F See Attachment G See Attachment H PLANNING DEPARTMENT: The proposed development shall be in substantial conformance with the preliminary plan. Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. All work shall conform to the City of Woodburn standards and all State building codes. Provide staff with the final reciprocal access agreement with the applicable signatures. The approach onto HVVY 214 shall be constructed of concrete to the property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit shall be obtained from ODOT. The City does not have a storm sewer facility adjacent to this development. The applicants options are to utilize ODOT's facility and comply with their permit conditions of approval or through private agreements and easements utilize BI- MART's storm system. On-site detention will be required that conforms to city standards. 8. The applicant shall comply with the landscaping policies and standards. Maintenance: SPR 99-05 - Unocal 76 Station - Page 7 of 10 liB 9 Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of material, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris The applicant shall comply with the sign ordinance standards Any proposeds~gn will be subject to the sign ordinance standards and will require a permit issued by the Building Official. No signs are allowed within a street right-of-way. Signs that glare, flash, reflect, give the appearance of movement or are moved by normal wind currents are prohibited. No temporary or lawn signs shall be allowed. The applicant shall meet the setback and vision clearance areas provision of the sign ordinance. 10. Compliance with Chapter 8 General Standards: 11. 12. 13. 14. 15. 16. 17. (a) The applicant shall show compliance with Section 8.190 Vision Clearance. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits and system development charges have been paid. Refer to Part Two page 9 of the "Standards Document for Site Plan Review". (Randy Scott, Public Works 982-5247) Fire protection shall be as per the Woodburn Fire Districts conditions of approval. Prior to building permit issuance, pay appropriate Systems Development Charges in effect at that time. PUBLIC WORKS: Final plans shall standards. conform to the construction plan review procedures and All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. On site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with State regulations. All work shall conform to the City of Woodburn standards and all State building codes. .%l'l<t 0~)-()5 - t ln()cal 76 %ration - l)aLzc 21 ol'10 liB 18. 19. 20. 21. 22. 23. STREET AND DRAINA GE: Access easements will be required from adjacent parcel (Oil Can Henry's) for ingress-egress shown on the plan through Bi-Mart property will require property access easement, this shall be provided prior to approval of this site-plan action. The approach onto HWY 214 shall be constructed of concrete to property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit modification will be required and shall be obtained from ODOT> The City has no Storm sewer facility adjacent to this development. The applicant is proposing to utilize ©DOT facility. The proposal will require private agreements and easements utilize Oil Can Henry's storm system or cross there property. This will also require an additional or modified permit from ODOT to discharge into their system. The existing drainage from surrounding properties shall not be blocked by this development. It appears on the plan that the right turning movement proposed for ingress from HWY 214 for delivery trucks is from the inside lane, crossing/blocking the outside traffic lane, this is not an acceptable movement. This is ODOT's jurisdiction, the City does however, recommend this be modified. SANITARY SEWER: Sanitary sewer service can be provided from the existing 6" dia. Service near the west property line. The applicant will be required to construct a manhole at the end of the 6" service to allow proper access fro maintenance. Bi-Mart and Oil Can Henry's complex currently utilize this service, an additional connection justifies the manhole requirement. 24. See wastewater comments in regards to additional conditions of approval. 25. WA TER: Domestic water service can be provided by the existing water main adjacent to HWY 214. Also see wastewater comments in regards to backflow prevention devices. 26. Fire protection shall be as per the Woodburn Fire District's conditions of approval. 27. FIRE DEPARTMENT: Exterior of Facility: Drive able access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. SPR 99-05 - Unocal 76 Station - Page 9 of 10 lib 28. 29. 30. 31. 32. 33. 34. 35. Fire flow/Water Supply: Type II-N Construction 1,500 gpm. Hydrants: One hydrant within 250 feet. Premise Identification: Address should be included in Signage of property and meet City requirements. If this property is not associated with Oil Can Henry's it should have it's own address. Special Occupancy Requirements: Fire extinguishers will be required, minimum size 20BC for fuel islands; 2A10BC for office. Special requirements for underground fuel storage tanks. All DEQ permits, all tanks and lines subject to pressure test must be observed by Fire District. Special Comments: An onsite water supply system must. be available, operational and acceptable to the City prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. BUILDING DEPARTMENT: Out buildings less than 20 feet to property lines shall be constructed of one hour fire resistive walls. ADA parking and an accessible mute to cashier shall be on plans. All permits and fees (i.e. building, electrical, plumbing etc.) Shall be obtained and paid prior to start of project. 36. All other comments shall be reserved for plan review. SPR 99-05 - Unocal 76 Station - Page 10 of 10 SITE PLAN REVIEW APPLICATION DIRECT QUESTIONS TO: (APPLICANT NAME) APR 0 liB (ADDRESS) PROPERTY OWNER: PROJECT NAME: LOCATION OF PROJECT: MAP & TAX ACCOUNT NO(s): (TELEPHONE) cO 5 - j t,u- biz NAME OF DEVELOPER: ARCH./ENG.: IZ,/~ ~pEp~Vz_ Include 11 copies of the Site Plan including all the information required in the Zoning Ordinance, for the particular type of development proposed. All materials are to be folded and collated. Include a detailed Statement of Intent, which describes the type and extent of the proposed operation, .any phasing of development being proposed, maintenance of landscaping, etc.. Applicant may use the attached statement page and/or include a separate statement along with this application. The statement of intent should include a discussion of the applicable approval criteria. APPLICATION CHECKLIST OFFICE USE ONLY Number of Copies YIN 1. Site Plans ......... ; ............. 2. Landscape/irriga'n Plans... 3. Architectural Plans ....... '... 4. Sign Plans ..................... 5. Complete Application ...... 6. Statement of Intent ........ (11) (11) (4) (2) (1) (1) Date for Pre-application conference...Part I' Scheduled Hearing Date ...................... : Date of Engineering conference ....... Part Ii: ATTACHMENT A Page 5 - Standards Document fo~ Site Ptan Review STATEMENT OF INTENT I certify under penalties provided by law that the information contained herein is true and accurate to the best of my knowledrm and belief. DATED this ~ day of ~'~ t L.-- , 19 q c[ SIGNATURES of each owner (husband & wife), contract purchaser, representative. HAME Owner ADDRESS ~ ZIP CODE ,(.-~1o /~ /-TT:'/'-O~-' [~epresentative 6~e~H~t~, Oc~ qTo~O Page 6 - Standards Document for Site Plan Review 4 KAPPERTZ DESIGN CORPORATION 11930 SE Zion Hill Drive Gresham, OR 97080 llB (503) 558-9622 FAX (503) 558-1123 STATEMENT OF INTENT Project: Proposed Unocal 76 station at 1754 Mt. Hood Ave (Hwy 214) for-Stein Oil Co. The intent of this proposal is to construct a new retail gas station. The 9322 square foot site comprises the westerly 77 feet of tax lot 1000. It is adjacent to the existing Oil Can Henry's (OCH) and the Bi-Mart store. This property and all adjacent properties are zoned CG, Commercial General, and the use is allowed. Access will be provided by the existing OCH right-in driveway, which will be reconstructed to provide clearance for fuel delivery tracks. A reciprocal access easemem is proposed along the property line shared with OCH. Egress will be provided by existing access easements with Bi-Mart, adjacent to the South and West property lines. Circulation through the OCH site is possible, but will be discouraged with signage. The facility will provide four gasoline dispensers and one diesel dispenser, resulting in eight fueling positions, covered by a non-combustible steel canopy. The 2253 square foot canopy will provide 15'-6" vertical clearance and have an overall height of 19'-0". An attendant's kiosk and a small utility building will be provided for shelter, storage and an ADA accessible employee restroom. A masonry trash enclosure, shared with OCH will also be constructed. Every effort has been made to comply fully with the Woodburn Zoning Ordinance and no variances are necessary. This facility will normally be staffed by a single attendant and with two attendants during peak periods. One parking stall is therefore required. Four stalls are provided on site and between the OCH and the Unocal site there will be total of 7 standard stalls and one handicap stall that will be shared. No loading space is designated, however adequate room is available for the 70 foot long fuel delivery truck to fill the underground tanks during off-peak hours. The proposed canopy is set back approximately 85 feet from the centerline of the Highway, well beyond the 55 foot minimum. Due to the extremely tight site, only the minimum 15% site landscaping and 10% interior parking landscaping are provided. The three existing street trees along the site fi'ontage will be relocated into the new planter area. The parking spaces froming the highway will be screened with hedge type plantings that when mature, would establish a visual buffer to 3 feet above grade. The trash enclosure and utility building, which are built to nearly a zero setback, will also be provided with screen planting in the adjacent Bi-Mart landscape area. The site is nearly level. Grading will be kept to a minimum and fill will be required only to match existing adjacent pavement elevations. All utility services: water, fire hydrants, sanitary sewer, storm drainage, power and phone are existing at or adjacent to this site. Connection will be made to the existing services in accordance with Woodburn engineering standards. We respectfully request approval of this application. ATTACHMENT A liB 11. 070: ('RITERIA FOR EX'.\I,I'AI'I\(; ~. MI'E Pi..kN Proposed ~..~33 square ~..1\ C lllllll Illl il ',1 The proposed gas station structures x~ill ',' ' · ' ~ ~cigl'.t t:f 19' ~)" will foot (4it' 0" x 53' 6"! four-pole canop5 be H~e inam structure. 1.ocalcd gene~alb, re'ar the ~<'~acr of~hc s.i~c, appr,:,,:~maldx S5 lbd fi'om the centerline of High\ray square ibot (3' 8" x 7' 0") square lbot (6' 0" x 16' 0") tailip,' btfildi~2g with [tn overall [5Ci5}'11 ol'l !' -' - and a % square ~eot (8' 0" ',: . 12' 0")Irash enclosure with an overall height of 6' ,:' ,x ~,, be iocaled lox\ a~ ds Ibc ~ca~ ,~f the properV. Rel~r to overall $itO plall fo~ su-ucture pla~cl'llcnt. (b)"Landscaping shall be used to minimi:~c impact on adjacent uses." . '_. s''~landscapmg Due to the ex-tremelv tight si~e of 9,322 square tied a linle moy;: ;.hah :l;e minimt;in; <oo. t~. and 10% interior parking landscaping are proposed. Refer lc, landscaping plan ( c ) 'q,andscaping shall be so located as u:, :naximize its aesthetic value." The tlu'ee existing street trees along the site frontage txill be rdocated ink, a. ne~,; pla'aler area. The parking spaces ti-onting the highway will be screened ~vilh hedge-type plantings t}':a! v hen mature. u:ould establish a visual buffer lo 3 feet above gd'ade. The trasl~ ,inclosure :md utili~x bmlding, which are built to nearly a zero setback, t~ill also b, provided with screcu i;lanting~ io t}'ie a~.[?cc!lt Bi-Xlart landscaped area Refer to landscaping !,~:,:~ (d) ".Access to the public sweet', shall minimize the i~:q>a,:! ol t:'~f!ic patte, n< \\'he:,:,. er posstbl,:., direcl drivex~av access shall not be at}o'aed l,) ::?ct'iai slrects \\'here\ er possible, acccs hall bc shared x~ilh adjacent uses of a similar nature" .Access ~ill be provided by thc exisling (hi Can l l,.'n:'x '~, rig}~t-~n drive',~a',, x\hich '., ill be reconstructed to provide clearance for fuel delivery tm,.-~ <...'~ rccip,'~',c:d accc.~s easem,en: is prop.~ed along the prope~y line shared with Oil Can Hem,. Egress x~ ill bo provided by cx~sting acce,>, c:tsemcn~ :~ xxith t3i- .Ma~. ac[iacent to Ibc South and West prepcrly ]ill,2q Circtllaliou through thc Oil Ca; I tc~tr', s site is possible, but will be discouraged with s~g~age. N(~ new acccsqes are prop,.-,sed fbr ,l-,;~ project. Relkr to site plan. (e) "The ttes:i~ of thc drainage facilitic~ <i~all m~mmize the impact on thc (.'~tx"s or ,)Iher public agencies dr:ullage fi~cilities." .-"31 ulililx services, i~cluding storm dr0.111age, arc cx~st',ng al ,,~ ~:~ e a4iaccu~ 1o th~s -,i~c C',qmccti,,n xxili be made lo the exislmg servio:s ill acc,,rdancc ',viii: \Voodbm'~ ', ,' '-'~ ,,, .,l~lllgc, l,,s OF (,'11)( :[ Malld:~!d.<. ATTACHMENT A liB (Continued, next page) Page 2- (I) "The design encore'ages energy conservation, bolh in its siting on the lot. and ils accommodation of pedestrian and bicx cie traffic. (.Note: specific solar access provisions are described in Section 8200.)" :xm attendant's kiosk and a small utility building will be provided for shelter, storage and an ADA accessible employee restroom. Energy conservation was taken into consideration m the design and construction of these txvo structures. The tttilitv building, which ;viii be heated but ,not air-conditioned will be insulated m excess of Code minimums. The canop,,, which provides sheher from the elements. utilizes energy ellicient metal halide lights. This atttomobile gas station olt'ers no retail sales other than gasolh~e or diesel. Therefore. pedestrian:4 and bicycle use x~ ill be limited to employees only. Refer to site plan. (g)" The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of the Ordinance and with the standards of this and other ordinances insofar as fl~e localion and appearance of the proposed development are involved." The site is nearly level. Grading will be kept to a mi:mnum and fill will be required only to match existing adjacent pavement elevations..~¢hitecmre, landscaping and graphic desigj1 will match the adjacent motor vehicle service ~pe of business. This proposed business site and adjacent properties are all zoned CG, Commercial General and complies xvith the Ordinance and the standards of this and other ordinances insofar as location and appearance oftl~e proposed develop~nent are involved. Refer to attached plans. (h)" The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed developmenl and appropriate to the character of the immediate neighborhood." The locaiion, design, color and materials of the exterior of all structures and sign(s) are compatible with the Unocal 76 worldwide standards and meet the intent of the Ordinance. Refer to attached vicinity map, site plan, elevations, utility, landscape plans and color board \Ve respectfully request approval of thi* applicatiot~.. '"" APR 1 3 1999 ATTACHMENT A Taxi ct(s): '051 wO8d bO 1000','051 wO8d bO1100' Owner Name: VACCARI,MABEL ET AL Situs Address: 1700 MT HOOD AV Zip Code: 97071,WOODBURN Land Use Zone: WOODBURN Schools: Woodburn Fire District: WOODBURN This map was produced from data stored in the Marion County Assessor Geographic database. This data is maintained by the Assessor to support its activities. The Assessor is not responsible for any map errors, possible misuse, o~ misinterpretations. Marion County AssessorI 503-588-523§r April 12, 1999 capture radius = 100' ATTACHMENT B This is to certify that this is a true and correct copy of the record now on file in the Assessor's Office. Doug Ebner, Marion County Assessor MABELVAC. lab z I liB / I ^ ®1 I i~1,,111~1~1~1 i i I I I I I Itif-- NE'W GAS STATION I~.l,l,l,ll~l,I I I I I I I I IJI. grrE PLAN REVIEW 41O8199 I r-.--I [ "~' 'I, I I I I · I I I I I I I I Z I III~// AND UTILJTY BUILDIN~ il I~l;lilil~l~l I I I I I I I I~1["-' NE"W GAS STATION Il AND UTIL.rl'Y BUILDING ~ ~llllkLIIIIIIIII/k.~,.,,...... -.,.,..,~ Itl~l,l,,l~l{I I I I I I I I I/L ,o~~ B llB PLANNING DEPARTMENT UNOCAL 76 The proposed development shall be in substantial conformance with the preliminary plan. Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. All work shall conform to the City of Woodburn standards and all State building codes. Provide staff with the final reciprocal access agreement with the applicable signatures. The approach onto HWY 214 shall be constructed of concrete to the property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit shall be obtained from ODOT. The City does not have a storm sewer facility adjacent to this development. The applicants options are to utilize ODOT's facility and comply with their permit conditions of approval or through private agreements and easements utilize BI-MART's storm system. On-site detention will be required that conforms to city standards. The applicant shall comply with the landscaping policies and standards. Maintenance: Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of material, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris. 9. The applicant shall comply with the sign ordinance standards. Any Planning Dept Comments - Unocal 76 ATTACHMENT C liB proposed sign will be subject to the sign ordinance standards and will require a permit issued by the Building Official. No signs are allowed within a street right-of-way. Signs that glare, flash, reflect, give the appearance of movement or are moved by normal wind currents are prohibited. No temporary or lawn signs shall be allowed. The applicant shall meet the setback and vision clearance areas provision of the sign ordinance. 10. Compliance with Chapter 8 General Standards: 11. (a) The applicant shall show compliance with Section 8.190 Vision Clearance. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right- of-way permits and system development chartres have been paid. 12. 13. Fire protection shall be as per the Woodburn Fire Districts conditions of approval. Prior to building permit issuance, pay appropriate Systems Development Charges in effect at that time. Planning Dept Comments - Unocal 76 ATTACHMENT C GENERAL CONDITIONS: 1. 2. SITE PLAN REVIEW STEIN OIL COMPANY 1754 MT. HOOD AVENUE Randy Scott Public Works Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. 3. On site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with State regulations 4. All work shall conform to the City of Woodburn standards and all State building codes. STREET AND DRAINAGE: 1. Access easements will be required from adjacent parcel (Oil Can Henry's) for ingress- egress as proposed. 2. The ingress/egress shown on the plan through Bi-Mart property will require proper access easement, this shall be provided prior to approval of this site-plan action. 3. The approach onto HWY 214 shall be constructed of concrete to property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit modification will be required and shall be obtained from ODOT 4. The City has no Storm sewer facility adjacent to this development. The applicants is proposing to utilize ODOT facility. The proposal will require private agreements and easements utilize Oil Can Henry's storm system or cross there property. This will also require an additional or modified permit from ODOT to dsicharge into there system. 5. The existing drainage from surrounding properties shall not be blocked by this development. 6. It appears on the plan that the right turning movement proposed for ingrees from HWY 214 for delevery trucks is from the inside traffic lane, crossing/blocking the outside traffic lane, this is not an acceptable movement. This is ODOTS jurisdition, the city does however recommend this be modified. liB ATTACHMENT D lib SANITARY SEWER: Sanitary sewer service can be provided from the existing 6" dia. service near the west property line. The applicant will be required to construct a manhole at the end of the 6" service to allow proper access for maintenance. Bi-Mart and Oil Can Henrys complex currently utilize this service, an additional connection justifies the manhole requirement. 2. See waste water comments in regard additional conditions of approval. WATER: Domestic water service can be provided by the existing water main adjacent to HWY 214. also see wastewater comments in regard backflow preventions devices. 2. Fire protection shall be as per the Woodburn Fire Districts conditions of approval. ATTACHMENT D WOODB URN FIRE DISTRICT Prevention Division Site Plan Rerie~v Colnlnents liB Metno To: Steve Goeckritz, Planner City of Woodburn Froln: Robert Benck Fire Marshal Date: 05-20-99 Facility/Project Name: Unocal 76 Stein Oil Co. Location: 1700 Block Mt. Hood Ave. Occupancy Class: S-37 A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Information not provided B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flo~v/ Water Supply: Type II-N Construction 1,500 gpm. D. Hydrants: One hydrant within 250 feet. E. SprinMer/FDC: Not required F. Alarm System: NA G. Premise Identification: Address should be included in Signage of property and meet city requirements. If this property is not associated with Oil C~ Henry's it should have its Own address. ATTACHMENT E H. Special Occupancy Requirements: Fire extinguishers will be required, minimum size 20BC for fuel islands; 2AIOBC for office. Special requirements for underground fuel storage tanks. All DEQ permits, all tanks and lines subject to pressure test must be observed by Fire District. See attached Plans review checklist. L Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Review Requirement: By City of Woodburn Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY TFIE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. llB WOODBURN FIRE DISTRICT 1776 Newbcrg Hwy. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 ATTACHMENT E May 27, 1999 lib Department of Transportation District 3 885 Airport Road Salem, O1-~ 97310 (503) 986-2874 FAX (503) 98(>288l Mr. Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 SUBJECT: Site Plan Review- Stein Oil Company Thank you for notifying the Oregon Department of Transportation (ODOT) of the land use action identified above. The purpose of this letter is to inform you that ODOT has concerns about this proposed project and its potential impacts to area transportation facilities. The proposed project is the construction of a new retail gas station on Highway 214 near its intersection with Highway 99E. The proposed gas station is adjacent to the existing Oil Can Henry's and would share the access to Highway 214 currently in place for that use. The applicant has proposed modifications to the access necessary to accommodate both uses. The proposed modifications are generally acceptable, but will require further detailed review prior to installation. Therefore, ODOT requests that the a condition be applied to the site plan requiring that the applicant apply for and obtain a new or amended approach road permit from ODOT prior to the issuance of a certificate of use and occupancy (or the City's equivalent) for the project. The City or applicant may contact Rich Krog, District 3 Permit Specialist at 986-5776, regarding the process for obtaining the permit. ATTACHMENT F lib This letter should be included in the record as ODOT testimony. ODOT should be considered a party to the hearing and be entitled to notices of future hearings, or hearing continuances or extensions. Please provide me with a copy of the city's decision, including findings and conclusions. Don Jordan District 3 Assistant Manager DJ:sim ATTACHMENT F liB Building Department Comments Unocal 76 Station 1754 Mt. Hood Av. Woodbum, Or The following will need to be addressed; 1. Out buildings less than 20 feet to property lines shall with constructed of one hour fire resistive walls. 2. ADA parking and an accessible route to cashier shall be on plans 3. All permits and fees (i.e. building, electrical, plumbing etc.) shall be obtained and paid prior to start of project. 4. All other comments shall be reserved for plan review. c:\corelwordXrnyfiles\unocal ATTACHMENT G DATE: May 19, 1999 SITE PLAN REVIEW SENT TO: · /'ODOT: Dan Fricke/Don Jordan Marion County ~Woodburn Fire District Woodburn School District D.S.L. D.L.C.D. Planning Contact Person (Steve G.) Parks Department ~Woodburn Police Department Street Division Water Division Wastewater Division ~Building Department ~Engineering Department (Randy Scott) PROJECT: Proposed Unocal 76 Station at 1754 Mt. Hood Ave (Hwy 214) for Stein Oil Co. TIME: 1:30 am DATE: May 26, 1999 PLACE: City of Woodburn Conference Room SPR Scat Form ATTACHMENT H 06/11/1999 11:88 5835589622 KAPPERTZ DESIGN PAGE 81 llB KAPPERTZ DESIGN CORPORATION 11~10 SE Zion Hill DrNe (~3) 558.~22 Fax Cover Sheet DATE: TO: 10:44 AM RE: CC: 06111/99 TIME: Steve Goeckdtz PHONE: City of Woodl:)urn FAX: FROM: Kapperl:z Design Corp. PHONE: (503) 558-9~22 Peter Kappertz FAX: (503) 558-1123 Stein Oil, 1754 Mt. Hood Ave., Woodburn Bob Stein. Stein Oil Chris Taylor. V'~ion OII Frank Crow, Trtwe~t Group, Inc. (503) (503) <?,Y,J.. ~.;, '-/~" Number of pages Including cover Iheet: 8 We are obviously extremely disappointed with the planning commission decision to ignore staff recommendations and hold a public hearing on our application. We still want to move forward with the project and would like to schedule the planning commission hearing. We assume that the next available date would be four weeks from now, on July gm. Please confirm the date and time as soon as possible. Attached are copies of the ODOT approach permit application and the recorded casements at Bi-Mart. We look forward to hearing from you. Thank you, File: 179trax.A.aoc Shc, ndld you have ~y q~flo~ ~ if~i~ ~imission ti not complc~, p]~= ph~c u~ imm~ia~ly. ATTACHMENT I Thank you KAPPERTZ DESIGN HIGHWAY NAME Hillsboro-Silverton Hwy. 214 ~IG~WAY NUM'BE R 140 ! Marion BETWEEN OR NEAR 0il Can Henry's lube service A, PPLICANT NAME AN0 ADDRESS Oil Company, Inc. i19805 SE McLoughiin Bird (~ladstone, OR 97027 APPLICATION AND PERMIT TO CONSTRUCT APPROACH ROAD PAGE 02 llB PERMIT NUMBER MIt. E POINT 39.18 ~ NORr~ [-'3 ~^ST REI:~RENCE ~-~AP NUmBeRS 5S - 1W - 8DB ~ 1000 - Parcel 2 BONO REFeReNCE ~ AMOUNT OP BONO ~ YES~ NO OAR 73~-50-025~3) TEMpORAR~ DEPOSIT ~'/OINEERS S T,~TION 1185+92 Gas station I CHECK N(J~aER $50.00 669 0ISTRICT MANA¢][~ O~ R[P~NTATIV~ DATE TELEPHONE NUMBER: (503) 656-0375 X *~,,o~ SPECIAL PROVISIONS 1--- If the proposed application requirestr8ffic control devices and/or special road construction, the applicant shell provide a copy of [hie application to ~he alfected local government, The origin&l application must be signed by the Iocsl government official, LdCAL GOVERNMENT OFFICIAL SIGNATURE TITLE ' 0ATE 2---Within 48 hours before beginning work and after completing ~he permit work, the applicant or his contractor shall notify [he District ReDresentatlve at telephone number: Or FAX number: 3J Access shall be constructed per site plans submitted to ODOT by Kappertz Design Corporation of Gresham. OR. 4.1 Sidewalk ~hell meet or exceed all ADA standards. 5. See attached Generel Provisions T~'PE 4 APPROACH ROAD -- CURBED HIGHWAY 734-33O7E PLAN NOTES: All of O~egon Standard Specifications for Highwlv Conslrucfion / I W= W~ X = ]K I '~NGLE OF SKEW APPRC~ACH TYPE CURI~ TYPE W = WIDTH OF DRIVEWAY K = DISTANCE FROM FACE OF CURB TO BACK PRESENT OR FUTURE WALK OR 10 FEET. WHICHEVER IS LESS W , SEE TABLE A ON REVERSE X = SEE TABLE A ON REVERSE SEE. PAGE 2 OF APPLICATION ~TE OFCALIFOKNIA COUNTY OFSANMATEO ) ) ss. ) I<APPERTZ DE.51GI'I PAGE On this 2'~. day of September, 1997, befor~ me the undersigned, a No~7 Public, State O[ Califomis. duly comi i0ned ,nd s om, p 0n lly spp cd LESTER C. vACC . T~s~e: of ~e M~bel V~cc~ 1991 T~t of F~bm~ I, 1991, pe~ly ~o~ ~o me or proved ~ me on the b~is of ~tisfacto~ evidence to b~ ~r~on whose ~ i~ subsc~bed m ~i~ ink.nom. ~d ac~owtedged to me ~t he e~ecuted ~is ins~cnt i. ~s au~orized capacity, ~d that by his signs~e on ~e instrument ~e ~on, or ~ enttw on bc~f of which [he person actcd, executed ~c IN WITNESS WHEREOF. I have hereunto set my t'.~d and ~[ixcd my official seal in '~e County of $4m Marco the day ~d year in this certificate first above wrlt'~n. Notary Public for said Count7 ~.nd State liB STATE OF CALIFORNIA ) COUNTY OF SAN MATEO ) On this 2''~. clay of September. 1997, before me th= und~r~igr~¢d, a Notary Public, ~te of C~ifomi~ d~y co~i~ioned and sworn, pe~ly appe=cd DEBO~ ~ SHEA, ~r~oa~ly ~o~i to mc or prov~ to me on ~e bMis of satisfacto~ ~dcncc to be ~r~on who~c ~c is subscribed Io ~is ~s~en~ ~d ~owl~ied to me ~t she ~xccutcd ~s ~cnt her au~ofl~d cap~l~, ~d ~t by her si~a~ on ~e i~ent ~e pc~on, or ~ ~ty on beh~f of w~ch 3re ~cn acled, execut~ Lhe inspect. IN WITNESS WHEREOF. I have hereunte~ set my hand and affixed my official seal in the County of San Mateo the day arid }'ear in this certificate first above ,.vritten. Notary Public for said Coun~ and Suite Page -6- 06/"11.,"1999 11:88 5035589622 OF CALIFORNIA COUNTY OF SAN MATEO KAPPERTZ DESIGN On this 2"t day of September, 1997, before me the undersigned, a Notm-y Public, State of California, duly commissioned and sworn, personally appeared'LESTER C. VACCARI, personally knov, m to mc or proved to me on the basis of satisfactory evidence to be person whose name is subscribed to this instrument, and acknowledged to mc that he executed this instrument in his authorized capacity, and that by his signatme on the instrument the person, or_ the entity on ~half of which the person acted, executed the instrument. PAGE IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of San MalcO the day and year in this certificate first above written. Notary Public for said Count7 and State STATE OF CALIFORNIA ) COUNTY OF SAN ~TEO ) On this 2"~. day of September, 1997, before me the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared ANTONETTE VACCARI, persortall¥ known to me or proved to me on the be. sis of satisfactor7 evidence to be person whose name is subscribed to this instrument, and acknowledged to me that she executed this instrument in her authorized capacity, and that By her signature on the instrumen! the person, or thc cntiW on behalf' of which thc person acted, executed the instrument. IN WITNESS WH.~REOF, I have hereunto set my h,xnd and ~ffixcd my o~cial seal in the County of San Malco the day end year in th.is cenificat~ first above wriUen. 04 liB Nou~try Public for said County and State Page 06/11/19S9 11~00 50355S9622 Lcster C. Vaccan KAPPERTZ DESIGN Antonett¢ Vaccad PAGE 05 lib Lester C. Vaccari, a.s Trustee of the Mabel Vaccari 1991 Trust ofFebruas7 1, 1991 Mitchell De~ Vaccari Mitchell Dean Vscca..'4 Richard Anthony Vaccari STATE OF OREOON ) )ss, Wi'tis instruznent w3,s acknowledged before me oa~_~u, ,1997, by Dave Ztentara, ~s Vice President and Chief Operating Oft'leer of Bi-Mart Corporation CO~ OF ~LT. ) '" C~stophor Taylor, ~ P~sident of Vision Oil, Inc. ~ Public for S~au: of(:~regon My Commission Expires/~OC ~ [,~. Page -4- 06/11/1S9~ 11~00 583558~622 KAPPERTZ DESIGN PAGE / /~,/~ Orantce agrees to obtain general public iiabili~y ins~ce against claim~ fo~ bodily ~nj~, d~ath or prope~ d~ag~ occu~ing on, in or a~ut fha E~am~nt St~p with auch ins~c~ ~o afford protection of not I~ss th~ a c~mbin~d ~ingle limit iiabil~ ~fTwo Million Doll.s ($2,000,000.00). Such i~s~ce shal) be ~nen by complies of racognized ~n~c~al s~ding which ~ l~gaily qualified to issu~ such ins~cc. ~d such ins~cc shall n~c ~ ~hc ins~ed p~iea th~r~der Gr~tors ~d G~t~e. Gr~e~ shall ~liver to Gr~tors promplly after th~ ~x~cu6on ~d d~liv~ ot~is t~m~nt ~h~ o6gin~ or duplicat~ policies or ce~tficates ofins~r satisfactoU to Gr~to~ ~vid~ncing all ~e ins~cc w~ch is th~n r~quir~d to be mainlined by Gr~tre here~der, ~d G~te~ sh~l, ~n ~i~y (30) days p~or to ~ rxpi~tion of ~y such ins~c~, deliver o~r o6ginal or duplicate policirs or other c~ifica~s of ~he insects evidencing th~ ~ncwal of such ins~ce 06 liB ?. Term. The easement shall be perpettml; provided, however, that Grantors reserve the right to terminate this easement upon notice to Orantee in the event Grantee fails to comply with a.ny ofthe terms of thi~ agreement. In the event Grantors terminate t~ ea.~ernent, Grar'.tor~ may record a document terminating the easement, and Grantee shall upon request execute a recordable document evidencing such expiration if Grantors request. 8. E~IIlllz~Orantee shall pay to Bi-Mart thc sum of Five Thousand Dollars ($5.000.00) as partial consideration for the easement. 9. Easement Anpu.r:t. Chant. The easement granted hereunder shall be appurtenant to the Grantee Property. I0. Successors a.nd AssignsLThc easement granted in this Agreement shall run with thc Bi- Mart Property, shall be binding upon Grantor and its successors and assigns with respect to the Bi- Mart Property, and be binding upon and Narc to the benefit of Orantee and Grantee's successors and assigns with respect to the Grantee Property. l !. Attorney's Fees. Ifa suit, action, arbitration or other proceeding is instituted in cormection wi~h any controversy arising out oftNs easement, ot to interpret or enforce any rights hereunder, the prevailing party shall be entitled to recover its attorney's, paralegal's, accountant's and other experts fees and expenses, and ail other fees, costa and expen.~¢s actually incurred and reasonably uecessary in connection then:with as determined by the court or arbitrator. IN WITNESS W'HEREOF, the parties have hereunto set their hands the date first abovc written, GRANTORS: GR~NTEE~ BI-MART '.,~/J '/~~COR'P'ORATION .-. VISI,~I~L, I.~) By: ~'/~ ~' ~ ~/~, ~ ~"g~ By:.~ Its: ~X;C~ativ¢ Vtce P,r,~ident and Chief Its: President Operating OffiCer Page .3- ~. 11 1995 Ii;F~C 5~'1~:_ :',h._. ,.aF-'~-'E~.'TZ ]i,Egi3,~q Pa,SE ~'. 3. ReDcalion. Gr~torsrese~,ethenghttorclocatetheE~emen~St~pat~yt~me~dinsuch c~c sh~l ~constmct the roadway on the Easement Strip at such new location ~n ~ good or ~cr condilion ~ ex{s~ed a~ ~e prior location. If the roadway is relocated. Ore,ors may record ~ ins~enl indicating ~e Iocanon of the relocated road~vay, ~d ~y fuch ins~ent shall se~e to ~end ~is e~emenI ~d eIiminate ~y rights of G~tee io ~e ofiginaI E~ement S~p. Such ~endment 0f ~e description shall be effective whether or not signed by Gr~tee, but Gmtee shall execme it or such other doc~ent necess~' to indicate relocation of~e Eaement liB 4. Reslricli0ns on Use 0fGrnntee Pr~o4~tr'D_x_ So long as Bi-Mart has a leasehold interest in the Bi-Mm,'t Property, Grantee agrees: 4.1 No building shall be erected, placed, maintained or altered on Grantee Property unless it is limited in height to one stor?' plus mezzanine and tmless the exterior ~ppea.ra.r, ce and coloring thereof specifically including, but not limited to, elevations, height, canopy, design and dimensions, and location of other building projections shall constitute a uniform and as:hitecturally harmonious part of the shopping center in which the Bi-Mart Property is located. In the event th.al there as~ses any dispute between Bi-Mart and Grantee aa to what shall constitute a uniform and harmonious pan of the shopping center, then in that event, such dispute shah be settled in mbitration in accordance with the Rules and Procedures of the Arbitration Service of Portia.nd, Inc_, in Eugene, Oregon. 4.2 No portion of Grantee Proper~y or any part thereof or any building or other improvement at any time stmated thereon sMIl be used for a drugstore or a store compounding prescriptions or a store h~.ndling or selling medicines or drugs which under any law, rule, regulation or order promulgated by a competent governmental authority must be sold by, or in the presence of, a registered pl.~wrnacist. 4.3 No portion of Grantee Property., or any part thereof or any building, or other improvement at any time situn~ed thereon, shall be used for purF, o=e~ ora bowling alley, skating fink. theater, pool h~l, amusement arcade, or school ',~qthout the pnor wnnen consent of BiMart, which consent shall not be u_n. re~onably w'~thhetd. $. [ndemnifl¢olion,_Or~ntee agree~ to pay, and to protect, indctmti~y, mldccta.ke deft:nsc and save harmleis Grantors from and against any and all liabilities, losses, damages, costs, expenses (including attorney's fees and expenses of Grantee and Grantors), causes of action, suits, claims, demands or judgments of any nature arising from: 5. I Any injury to, or the death of, any person or any damage to property on the E~ement Strip or upon adjoining sidewalks, stre,tz or ways, which are related to the use o£ th~ 5asemen~ Strip by Grantee, its agents, independent contractors or lnv~.~e~; and. , . . Any V~olanon by Grantee of the terms of this agreement or any restrictions, I~ws, ordin~.nce$ or regulations affecting the Easement Strip. Page-2- EASEMENT AGREEMENT REEL l~o liB BETVv'EEN' AND' EFFECTIVE DATE: Bi-:.,!arr Cor?orat~¢n ("Bi-M,~'~). [,es[er C Vacca.r-i, Antoncrte VacCan, .r es',er C Vaccan. as Truslcc o£tbe Mabel Vaccan 1991 Trust of February t, [~ k. Dcbora Jcs. r', $b,¢, MttcheE kX:,-,, \'acta.m, a..,,',,d P,.iqb. ard. V acca.r~ ("Vacca,q" ("Gmr~tors") Viston Ot[, ("GranteeTM) August t, 997 RECITALS Bi-Mart is the lessee, and Vaccasi is the lessor of that rca2 property described on Ex..hibit A a. nd by this reference incorporated herein ("Bi-Ma.~ Propeay"); Pursuant to the lease be~'een Bi-Mall and Vacca.m, Bi-Mart has the fight to grant easements affecting the Bi-Mart Property' Grantee owns the rc~ properW de.scribed on Ex.h/bit B attached hereto and by this reference incorporated herein CGrantce Property"); D. Bi-Mart desires to grant an casement to Grantee on the terms contained hcrcin; The Bi-Mart Property is subiect to a declaration of protective covenlmu, conditions and restrictions which, among other things, allocates the expenses of maintaining the common m-ca of the shopping center in which the Bi-Mart Property. i~ locat,'d ("Common Area Maintenance Expenses"). NOW, THEREFORE, thc parties ag-fcc ~ £ollows- 1. ~.a..t.~:ll.t~. Grantors hcreby grant to Grantee an easement across thc Bi-Mart Property for the benefi! of Grantee Property The easement location is described on E.x&ibi! C attached hereto and by th. is reference incorporated herein ("Easement Simp"). The Easement Strip shall be used solely for vehicular ingress and egress flora Grant,ce Proper'U' to State Highway No. 214 (Mt. Hood Avenue). The E~qement Strip may not be us~,d for any heavy hauling, or in cormcction with cor~truction of improvements on Grantee Property. 2. Regta~ Malntenance~ 'Dmre is a roadway located on the Easement Strip a.nd Grantors shall repair and maintain thc roadway; provided, however, that Grantcc shall, upon demand by Gra.mors, pa5' to Grantor~ 3.6% oft.he Common Area Maintenance Expenses allocated to thc Bi-Mm ."fZR RECORDiNG, RIZTUR. N )NALD A. GALL~GPL~R, JR. .0. Box 1758 ;GENE OR 974~O-1758 Page-l- liB FINAL ORDER 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 ° FAX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON SITE PLAN REVIEW 99-05 FINAL ORDER WHEREAS, a request was made for the Planning Commission to construct a retail gas station consisting of four gasoline dispensers, and; WHEREAS, the Planning Director gave administrative approval of the site plan and submitted the decision to the Planing Commission at its regularly scheduled meeting of June 10, 1999 for review, and; WHEREAS, the Planning Commission called for a hearing to discuss the site plan, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by Staff, the Applicant and Proponents of the proposal, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to approve Site Plan Review 99- 05 for a modified site plan consisting of three fuel dispensers rather than four. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission approves Site Plan Review 99-05 as stated in the application and as shown on Exhibit "A" based on findings and conclusions contained in Exhibit "B", and conditions of approval contained in Exhibit "C" which are hereto and by reference incorporated herein. liB ' (~l-iairperso~ (~ FINAL ORDER - SPR 99-05 UNDERGROUND TANKS 78.0 llB ~'ESS EASEMENT I llB EXHIBIT FINDINGS AND CONCLUSIONS The subject site is located at 1754 Mt. Hood Avenue. The property can be specifically identified as Tax Lot 1000, Parcel 2, Marion County Assessor's map T5S, 1W, Section 8DB. See Attachment B The lot consist of 9,322 sq. ft. The subject property is zoned CG Commercial General- Retail. Gas Stations are allowed as a permitted use. Access to the facility is proposed via the existing driveway approach onto Highway 214 and by way of a reciprocal easement agreement with Bi-Mad. The applicant is providing three parking stalls. During peak periods of business two attendants will be required. One handicap stall is to be shared between the Oil Can Henry's facility and the Unocal site. Unocal's employee restroom is ADA accessible. No loading space has been provided due to the fact that only fueling trucks for underground delivery at off-peak hours will be on site. The driveway exceeds city standards but the access is controlled by ODOT. The Oil Can Henry's and the proposed service station are a compatible mix. The minimum landscaping standards have been met. The access to Highway 214 is controlled by ODOT. The proposed drive onto and off of Highway 214 is shared through a reciprocal easement with Oil Can Henry's. There is also a reciprocal easement with Bi-Mad. Utility services are available at the site. Storm drainage is required to hook into the existing system. The storm drain system will have to connect to ODOT's system. The applicant has provided all necessary documents and drawings to fulfill the site plan requirements. The existing Oil Can Henry's sign will have to be relocated because of the FINDINGS & CONCLUSIONS - SPR 99-05 - Unocal 76 Page ! of 6 liB reconfiguration of the ingress/egress on Highway 214. The Unocal sign will be a monument sign. Assurances this sign will not be in the vision clearance area of the Bi-Mart driveway may require it to be placed farther back from the highway. CONCLUSION: The request meets all required land use criteria. FINDINGS & CONCLUSIONS - SPR 99-05 - Unocal 76 Page 2 of 6 llB EXHIBIT ~C~ CONDITIONS OF APPROVAL PLANNING DEPARTMENT: 1. The proposed development shall be in substantial conformance with the preliminary plan. Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. All work shall conform to the City of Woodburn standards and all State building codes. Provide staff with the final reciprocal access agreement with the applicable signatures. The approach onto HWY 214 shall be constructed of concrete to the property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit shall be obtained from ODOT. The City does not have a storm sewer facility adjacent to this development. The applicants options are to utilize ODOT's facility and comply with their permit conditions of approval or through private agreements and easements utilize BI- MART's storm system. On-site detention will be required that conforms to city standards. 8. The applicant shall comply with the landscaping policies and standards. Maintenance: Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of material, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris. FINDINGS & CONCLUSIONS- SPR 99-05 - Unocal 76 Page 3 of' 6 liB 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. The applicant shall comply with the sign ordinance standards. Any proposed sign will be subject to the sign ordinance standards and will require a permit issued by the Building Official. No signs are allowed within a street right-of-way. Signs that glare, flash, reflect, give the appearance of movement or are moved by normal wind currents are prohibited. No temporary or lawn signs shall be allowed. The applicant shall meet the setback and vision clearance areas provision of the sign ordinance. Compliance with Chapter 8 General Standards: (a) The applicant shall show compliance with Section 8.190 Vision Clearance. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits and system development charges have been paid. Fire protection shall be as per the Woodburn Fire Districts conditions of approval. Prior to building permit issuance, pay appropriate Systems Development Charges in effect at that time. PUBLIC WORKS: Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. On site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with State regulations. All work shall conform to the City of Woodburn standards and all State building codes. $TREET ,,AND DRAINA GE: Access easements will be required from adjacent parcel (Oil Can Henry's) for ingress-egress shown on the plan through Bi-Mart property will require property access easement, this shall be provided prior to approval of this site-plan action. The approach onto HWY 214 shall be constructed of concrete to property line and shall comply with the City of Woodburn's commercial driveway standard. Access permit modification will be required and shall be obtained from ODOT. FINDINGS & CONCLUSIONS - SPR 99-05 - Unocal 76 Pag(~ 4 0~' 0 liB 20. 21. 22. The City has no Storm sewer facility adjacent to this development. The applicant is proposing to utilize ODOT facility. The proposal will require private agreements and easements utilize Oil Can Henry's storm system or cross there property. This will also require an additional or modified permit from ODOT to discharge into their system. The existing drainage from surrounding properties shall not be blocked by this development. It appears on the plan that the right turning movement proposed for ingress from HWY 214 for delivery trucks is from the inside lane, crossing/blocking the outside traffic lane, this is not an acceptable movement. This is ODOT's jurisdiction, the City does however, recommend this be modified. 23. 24. 25. 26. 27. SANITARY SEWER: Sanitary sewer service can be provided from the existing 6" dia. Service near the west property line. The applicant will be required to construct a manhole at the end of the 6" service to allow proper access fro maintenance. Bi-Mart and Oil Can Henry's complex currently utilize this service, an additional connection justifies the manhole requirement. See wastewater comments in regards to additional conditions of approval. WA TER: Domestic water service can be provided by the existing water main adjacent to HWY 214. Also see wastewater comments in regards to backflow prevention devices. Fire protection shall be as per the Woodburn Fire District's conditions of approval. FIRE DEPARTMENT: Exterior of Facility: Drive able access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 28. Fire flow/Water Supply: Type II-N Construction 1,500 gpm. 29. Hydrants: One hydrant within 250 feet. 30. Premise Identification: Address should be included in Signage of property and meet City requirements. If this property is not associated with Oil Can Henry's it should have it's own address. FINDINGS & CONCLUSIONS- SPR 99-05- Unocal 76 Page 5 of 6 llB 31. Special Occupancy Requirements: Fire extinguishers will be required, minimum size 20BC for fuel islands; 2A10BC for office. Special requirements for underground fuel storage tanks. All DEQ permits, all tanks and lines subject to pressure test must be observed by Fire District. 32. Special Comments: An onsite water supply system must be available, operational and acceptable to the City prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. BUILDING DEPARTMENT: 33. Out buildings less than 20 feet to property lines shall be constructed of one hour fire resistive walls. 34. ADA parking and an accessible route to cashier shall be on plans. 35. All permits and fees (i.e. building, electrical, plumbing etc.) Shall be obtained and paid prior to start of project. 36. All other comments shall be reserved for plan review. FINDINGS & CONCLUSIONS- SPR 99--05 - Unocal 76 Page 6 of 6 ZO Outline of Work Tasks and Task 1: Work Plan. Task 2: Scction 2.1, Land Use Zoning: Residential Uses Task 3: Section 2.1, Land Use Zoning: Commercial Task 4: Section 2.1, Land Use Zoning: Industrial & Other Task 5: Section 2.2, General Provisions Time Line Revised 18AUG99 Aug. 16, 1999 Aug. 25,. 1999 Sept. 1, 1999 Sept. 8, 1999 Sept. 15, 1999 Task 6: Section 2.3, General Development Standards: General Provisions, Streets, Parking, Storm Drainage, Utilities, & Site and Landscape Design Sept. 22,1999 Task 7: Section 2.3, General Development Standards: Land Divisions/PUD's Sept. 29, 1999 Task 8: Section 2.3, General Development Standards: Yard & Lot Standards and Accessory Structures Oct. 6. 1999 Task 9: Section 2.3, General Development Standards: Standards for Single Family Dwellings and Development Standards Oct. 13, 1999 Task 10: Section 1.2 Definitions (Budke will be gone all week) Oct. 20, 1999 Task 11' Section 2.4, Special Uses: General to Used Merchandise Oct. 27 1999 Task 12: Section 2.4, Special Uses: Remainder of Special Uses Nov.3,1999 Task 13: Section 3.1, Application Types and Requirements, Summary of Types thru Partitions Nov. 10, 1999 Task 14: Section 3.1, Application Types and Requirements, Subdivision t,hru Annexations Nov. 17, 1999 Task 15' Section 3.2, Administrative Procedures: General thru Public Notice Nov. 24, 1999 Task 16: Section 3.2, Administrative Procedures, Remainder Dec. 1, 1999 Task 17: Resolution of Remaining Issues If Necessary Dec. 7, 1999 Task 18: Target: Introduction of Draft Ordinance Bill to City Council Dec. 13, 1999 1SA mo Scope of Work DRAFT 16AUGO9 for a Revised Zoning Ordinance Task 1: Work Plan. Proposed Action. 1. Prepare and concur l~ ,he ~cone and process. 2. Policy direction On combing commercial zoning districts. Task 2: Section 2.1, Land Use Zoning: Residential Uses 2.101 Interpretation of Uses. Proposed Action. 1. Incorporate Type III public review process for interpreting the Ordinance. 2.102 Single Family Residential District (RS) Proposed Action. 1. Repeal WZO Chapter 22, RS, and make effort to retain key factors. 2. Where practical, retain key factors of WZO Chapter 22, RS, to minimize creation of blanket nonconformities in existing development. 3. Defer review of Development Standards to Tasks 6 thru 9. WZO Chapter 23, Residential District (R1S) Of Note, This zone reflects the existing Senior Estates area. Since the area is essentially built out, maintaining the essence of the status quo is an appropriate action to minimize both the real and perceived impacts of change. Proposed Action. Create a Compact Single Family Residential (RSC), or district of similar name to reflect the essence of the R1S zone. 2. Legislatively rezone the golf-course from PA to RSC as a move to phase out the wide range of "P" districts. WZO Chapter 24, Residential Duplex District Proposed Action. 1. Repeal this WZO District. The District is virtually unused at present. Duplexes are allowed as a Special Use on comer lots in the RS District and as permitted use in other residential districts. Revised Zoning Ordinance, Draft Scope of Work I Augusst 16, 1999 15A 2.103 Limited Density Residential (RL) Of Note. This district provides for attached and detached dwellings at moderate densities, lower than in RIVI (traditional garden apartments). RL is not currently used in Woodburn. The Woodburn Comprehensive Plan lacks definitive policy guidance and a specific use designation to effectively apply the RL zone. Proposed Action. 1. Repeal the WZO Chapter 25, Limited Multi-family Residential. 2. Delete the Keizer RL District. 3. Legislatively rezone the one Woodburn RL parcel, which is currently vacant, from RL to RM. 2.104 Medium Density Residential (RM) Proposed Action. 1. Repeal the WZO Chapter 26, Multiple Family Residential. 2. Revise Dimensional Standards to reflect existing setbacks, etc. . Review Density in 2.104.06-I regarding maximum density. Delete minimum density. 2.105 High Density Residenhal (RH) Proposed Action. 1. Repeal the WZO Chapter 27, High Rise Residential. 2. Revise Dimensional Standards to reflect existing setbacks, etc. 3. Review Density (2.105.06-I) and delete the minimum density. Task 3: Section 2.1 Land Use Zoning: Commercial Of Note. The scope of Task 3 may be altered by the policy direction on combining commercial districts determined in Task 1. 2.106 Residential Commercial (RC) Of Note. This is use district intended to serve the commercial needs for residential neighborhoods and to be of low intensity. Proposed Action. 1. Delete the district. 2.107 Mixed Use (MU) Revised Zoning Ordinance, Draft Scope of Work 2 Augusst 16, 1999 15A Of Note. This zone is intended to accommodate a mixture of residential and commercial uses. Proposed Action. 1. Delete the MU district. 2.108 Commercial Office (CO) Proposed Action. 1. Repeal WZO Chapter 28, Commercial Office District. 2. Compare/revise uses. 3. Compare/revise Dimensional Standards. 4. Compare/revise all development standards Landscaping, Lot Coverage, Density. Defer Standards A thru F to Task 6. 5. Defer review of Design Standards (2.108.07) until Task 9. 2.210 Commercial Mixed Use Of Note. This category accommodates a mix of commercial uses and higher density residential. Part of the intent is foster transit related uses. Proposed Action: Delete this district. 2.109 2.111 WZO Commercial Retail (CR) and General Commercial (CG) Interchange District (ID). Proposed Action: Delay comparison and combinations for policy direction. Task 4: Section 2.1 Land Use Zoning: Industrial & Other 2.113 Industrial Business Park (IBP) Proposed Action: Repeal WZO Industrial Park (IP) and Industrial-High Technology (IH) districts. 2. Combine the WZO IP and IH districts into the IBP district. 3. Concurrently legislatively rezone the areas to IBP. 4. Incorporate IS as a special use, if appropriate and repeal the WZO IS district. 2.114 General Industrial (IG) Revised Zoning Ordinance, Draft Scope of Work 3 Augusst 16, 1999 Proposed Action: 1. Repeal WZO Light Industrial District 2. Combine the WZO IL district into the IG district. 2.116 Public (P) Proposed Action: 1. Review all of the WZO Public, Semi-Public, and Governmental Use Districts 2. Combine a the WZO districts into the P district. 3. Concurrently legislative rezone as appropriate 2.122 Flood Plain Overlay Zone (FPO) Proposed Action: 1. Maintain existing Woodburn flood plain management ordinance as a separate ordinance. 2.124 Limited Use Overlay Zone (LUO) Of Note. This allows the uses in a zone change to be customized to fit a particular area by excluding specific permitted uses. Proposed Action: Include the LUO zone. WZO Chapter 39, WZO Chapter 40, WZO Chapter 41, WZO Chapter 42, NEW Chapter 4_. Mandatory Parkland Dedication or Cash-In-Lieu Of (MPDCILO) Downtown Design and Conservation District (DDCD) Telecommunications Facilities Regulations (TFR) Neighborhood Conservation Overlay District (NCO) Industrial/Commercial Mixed Use Campus (CMUC) Proposed Action: Include all of these existing Woodburn overlay zones. 2.115 Agricultural Industrial (IA) 2.117 Exclusive Farm Use (EFU) 2.118 Urban Transition (LIT) 2.1223 Greenway Management Overlay (GMO) 2.1225 Activity Center Overlay Zone (ACO) 2.1226 Resource Conservation Overlay Zone (RCO) 2.1227 Historic Landmark Overlay Zone (HLO) WZO Chapter 38, Adult Entertainment Proposed Action: 15A Revised Zoning Ordinance, Draft Scope of Work 4 Augusst 16, 1999 Delete all of the overlay zones listed above. Task 5: Section 2.2, General Provisions 2.201 General Standards Review and Revise with Emphasis on the followinl~: 2.201.2 B. Completion of structure within 2 years. 2.201.4 A. 20 feet of frontage: 2. Private Streets 3. PUD Street: separate standard 4. Private easement: driveway versus accessway requirement 2.201.5 Solar Devices Proposed Action: 1. Repeal WZO Chapter 17, Solar Recordation 2. Repeal WZO Chapter 20 Conservation and Renewable Energy Housing 2.201.7 C. Placement on two or more lots: Compatibility with UBC requirements. 2.202 General Exceptions Review and Revise with Emphasis on the following: 2.202.01 Exceptions to Height. Proposed Action: 1. Limit exception to specific uses, similar uses require an interpretation or ordinance amendment.. 2.203 Permitted Uses Generally Review and Revise with Emphasis on the following: 2.203.02 8. Proposed Action: Revise to specify the two boarders are permitted as an accessory use. 2.203.04 Permitted Temporary Uses. Review in context of improving regulation of mobile food units. 2.204 Nonconforming Uses [and Development] Review and Revise with Emphasis on the following: Review potential special consideration for nonconformities created by the new ordinance provisions. Discuss potential special conditions/dispensation, totally or for specific standards, that are nonconforming due to new ordinance provisions. 15A Revised Zoning Ordinance, Draft Scope of Work 5 Augusst 16, 1999 15A Resolve apparent conflict between 2.202.03 Additions to Structures and 2.204.03 B Continuation of a Nonconforming Use (or DevelopmenO. 2.205 Junk and Junkyards. Review and Revise with Emphasis on the following: Determine the need/appropriateness of these regulations. Task 6: Section 2.3, General Development Standards: General Provisions, Stleets, Parking, Storm Dminage~ Ufilifies~ & Site and Landscape Design 2.301 General Provisions Review and Revise with Emphasis on the following,: 2.301.03 Application of Public Facility Standards Obtain concurrence from Public Works and the Fire District. 2.302 Street Standards Review and Revise with Emphasis on the following: Obtain concurrence from Public Works. 2.302.04 General Right of Way and Improvement Widths Proposed Action: 1. Delete Keizer standards and insert street standards from the Woodbum Transportation System Plan. 2. Repeal street element of the Woodbum Subdivision Ordinance. 2.302.07 Private Streets Determine necessity/adequacy for private streets. Private streets are also addressed in the Woodbum Access Management Ordinance in the context of access. 2.302.08 Private Access Easements 2.303 Compare with requirements of WZO Chapters 8 and 10 and select appropriate standards. Off-Street Parking and Loading/ Review and Revise with Emphasis on the foilowim,: Proposed Action: 1. Repeal WZO Chapter 10, Parking, Loading, etc. 2. Approve the proposal after discussion/resolution of the following: Revised Zoning Ordinance, Draft Scope of Work 6 Augusst 16, 1999 2.305 2.306 2.307 2.308 2.303.03 C. Conform interpretations about parking with the interpretation process. 2.303.05. Joint Use Parking. Conform determination of joint use to criteria or conform to interpretations process. 2.303.06. Off-Street Automobile Parking Requirements A. Parking Requirements. Single Family/Duplex: The standard increases from 1.5 to 3.0 spaces per DU, counting one on-street. Medical offices. These offices have a higher parking demand due to patient ques and depth of support staff. Consider increase to I per 200 sq. ft. Add a footnote the fractional spaces of 0.5 or more are equal to full space. C. Parking Increase Proposed Action: Delete. 2.303.08 Bicycle Parking: Compare with recommendations of the Woodburn Transportation System Plan. 2.303.09 Carpool and Vanpool Parking Proposed Action: Delete. Transit Facilities. Proposed Action: Delete. Storm Drainage. Obtain concurrence from Public Works, with due consideration of existing procedures and standards and the Storm Water Management Plan. Utility Lines and Facilities. Obtain concurrence from Public Works. Signs. ~ Of Note. Revision of the Sign Ordinance is a large project and is reserved for consideration as a separate project. Proposed Action:Delete. 15A Revised Zoning Ordinance, Draft Scope of Work 7 Augusst 16, 1999 2309 Site and Landscaping Design. Compare tradeoffs with existing Woodburn Landscaping Guidelines.for Site Plan Review. Task 7: Section 2.3 General Development Standards: Land Divisions/PUD's 2.310 Development Standards for Land Divisions. Discuss and Resolve Key Differences~ Including: 2.31003 Standards for Lots or Parcels, Lot Line Adjustments Required. B. Lot Line Adjustments: Process as a local land use decision or review for conformance with ORS 92. D. Access. Permit the use of private streets. 2.310.05 Improvement Requirements-Partitions. B. 1. Frontage improvements. Defer using nonremonstrance agreements. C. Completion requirements. The use of discretion, within or outside of the approval decision, to defer completion of improvements. 2.310.06 Improvement Requirements-Subdivisions. F. & G. Water and Sewer Facilities. The scope of developer requirements for water and sewer. 2.311 Planned Unit Development Design Standards. Discuss and Resolve Key Differences~ Including: 2.311.02 A 2.311.04 B & C. Density Bonus. "Bonus" or implied variance or 2.311.06 Park and Recreation Facilities Site Standards Zones. The proposal accommodates all zones/uses but P Residential Dtnsity "sliding scale." 15A Revised Zoning Ordinance, Draft Scope of Work 8 Augusst 16, 1999 1SA A & B. SDC's & Dedication. Consistency with WZO Chapter 39 and Woodburn Park SDC. Task 8: Section 2.3, General Development Standards: Yard & Lot Standards and Accessory Stmctures 2.312 Yard and Lot Standards Proposed action: 2.313.04 Special Street Setbacks. 1. Change chart to the right of way/special setback standards of the Woodburn Transportation System Plan. 2. Insert list of specific streets subject to special setbacks. 2.313.07 Sideyard Projections. A. Building Features. Heat pumps shall be prohibited from projecting into the required side yard. 2.313 Accessory Structures Discuss and Resolve Key Differences~ Including: 2.313.01: Some standards are less and some are more restrictive. B. Height. 24feet vs. 8 to 15feet C. Setbacks. Sliding scale with O for less than 9feet vs. 5feet D. Lot Coverage. No more than 20% of required yard. E. Exterior Finish. No metal for over 240 sq. ft. vs none. Task 9: Section 2.3, General Development Standards: Standards for Single Family Dwellings and Development Standards 2.314 Standards for Single Family Dwellings Discuss and Refine~ Includine: Requiring the application of more than two standards to each dwelling. ,~ 2.315 Development Standards. Discuss and Refine, Considering: Purpose: There are significant differences in the scope, the specificity and process for Revised Zoning Ordinance, Draft Scope of Work 9 Augusst 16, 1999 15A Task adm inistering "dc'velopm eh! standards" between .lurisdictions. Keizer's develop,ten! stcmdards deal latTgel), with on-site circulation and btli]ditlg design. In addilion Kelzer has sl~ecific standards for design in the ('0 and CM zoning dislncts. Woodburn%' site review criteria address some q/' the same.,factors as Keizer tdus others. In Woodburn's case clear and ohlective standards are generally lacking, except.for those reganling ]andscalnng. Process: Keizer indicates that conformance qf development plans will be determined at the time ef building permit review, UNLESS, a deviation or alternative to the specific "developntent standards" for on-site circulation and building design is requested. Such a request under goes "developmen! review', a Type I-B process. Woodburn conducts site plan review on essentially ALL non-single family residential development. The process is similar to a Type I-B. 10: Section 1.2 Definitions 1.200 Definitions. Proposed action: 1. Delete ali terms relating to: Adult Entertainment Business Signs Floods 2. Replace City of Keizer with City of Woodburn 3. Revise Family to reflect the Housing Amendments Act of 1988, 4. Revise Height to reflect the UBC definition. 5. Revise Parking to reflect spaces inside and outside a garage. Discuss and Refine. Task 11: Section 2.4, Special Uses: General to Used Merchandise 2.401 General Provisions Review. Revised Zoning Ordinance, Draft Scope of Work l0 Augusst 16, 1999 2.402 2.403 Manufactured Homes. Review Conformance with State statute, Shared Housing. Review and Determine Whether to include. 2.404 Shared Housing Facilities. Review and Determine Whether to include. 2.405 Manufactured Home Parks. Review Conformance with State statute/rules. Mobile Home as a Temporary second Dwelling Unit. Delete Home Occupations 2.4 17 Used Merchandise Stores Review and Consider Compatibili~. Task 12: Section 2.4, Special Uses: 2.418 Adult Entertainment Business Delete, 2.419 Service Stations Thru 2.426 Electrical Substation Review and Consider Compatibili~. 2.427 Wireless Telecommunication Facilities Delete, 2.406 2.407 Thru Remainder of Special Uses Augusst 16, 1999 Task 13: Section 3.1, Application Types and Requiremenls, Summary of Types fl~u Partitions 3.101 Summary of Application Types. Proposed Action. 1. Delete Sign, Greenway, Flood Plain and other nonapplicable actions. 2. Delete (3.101.04) staff authority to initiate Type IV Action. 3. Substitute Planning Commission for Hearings Officer 4. Obtain concurrence of City Attorney. 3.102 Administrative Land Use Procedures Revised Zonin$ Ordinance, Draft Scope of Work 11 15A thru 3.107 Partitions Proposed Action. 1. Delete nonapplicable actions. 2. Determine fit/necessity of WZO Chapter 18, Historic, Architectural Significant Site 3. Determine fit/necessity of WZO Chapter 11, Site Plan Review 4. Review approval criteria for each type of action. 5. Obtain concurrence of City Attorney and Public Works. Task 14: Section 3.1, Application Types and Requirements, Subdivision thru Annexations 3.108 Subdivisions thru 3.112 Annexations Proposed Action. 1. Specify final approval process for Mobile Home Parks. 2. Specify by job title the person, or designee, responsible for time extensions, home owners rule approval and final approval. 3. Review approval criteria for each type of action. 4. Conform Woodburn's proposed annexation approval criteria and process to the ordinance. 5. Obtain concurrence of City Attorney and Public Works. Task 15: Section 3.2, Administrative Procedures: General thru Public Notice 15A Proposed Action. 1. Obtain concurrence of City Attorney. Task 16: Section 3.2, Administrative Procedures, Remainder Proposed Action. 1. Obtain concurrence of City Attorney. Task 17: Resolution of Remaining Issues Proposed Action. 1. Final Revisions and Changes 2. Finalize Draft Ordinance Bill. Task 18: Introduction of Draft Onlinance Bill to City Council wzo.wo2 Revised Zoning Ordinance, Draft Scope of Work 12 Augusst 16, 1999 CiTY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 City of Woodburn Mayor and City Council 270 Montgomery St. Woodburn, OR 97071 Dear Honorable Mayor and Council Members: Over the last several Planning Commission meetings there has been an ongoing discussion regarding the long term use of portable toilets on School District playgrounds and to some extent, City parks. The primary concern of the Commission is to provide a safe and healthy environment for school children and members of the community. The Commission understands that portable toilets have their place on a temporary basis for special events such as weekend soccer, outside basketball and softball tournaments. It would appear that the schools permanent use of portable toilets violates City Ordinance #1084 that requires all waste to be discharged into the public sewer if one is available within 100 feet of the property. The Commission has been informed in a letter from the School District's Executive Director of Personnel and Administrative Services that the District has had "temporary" portable toilets in place for over five years, and recently expanded their use to include the HeritageNalor School site a little over a year ago. The letter asserts that if portable toilets are not used, the only other options would be (1) To open the restrooms in the school buildings to the public; (2) To let people relieve themselves on the school grounds; or (3) To construct permanent outdoor restroom facilities. Options (1) and (3) are said to be precluded for financial reasons. Option (2) is inappropriate for obvious reasons. The Commission's position is that public health is the primary issue and option one and three should not be constrained by funding. This concern is compounded further now with the recent development of a concession stand at Woodburn High School. The sports activities and food service justify even more the need to provide the public and food handlers adequate bathroom and washing facilities. The City, with the opening of Centennial Park, is in the same situation. The Commission finds that the permanent use of "portable toilets" on school grounds and public parks without proper washrooms creates a potential health hazard. Since a safe and healthy environment is the primary concern for the school children and members of the community, the Planning Commission requests the City Council to consider measures to provide for permanent bathroom/washroom facilities in it's City parks and to assist the School District in providing the same facilities on school property. To remedy the situation the Planning Commission requests the City Council to take the following steps: 1. Provide permanent toilet/washroom facilities at Centennial Park. Revise the City's ordinance to define the limited circumstances under which portable toilets will be appropriate and that they be regularly maintained, and otherwise continue to prohibit their use where public sewers are available. 3. Comply with the ordinance and require other entities to do so as well. Your attention to this matter will be appreciated. Plan~ir~g Comr~ssion(~ Chairperson Young WOODBURN PUBLIC SCHOOLS MARION COUNTY SCHOOL DISTRICT 103 965 NORTH B ,OONES FERRY ROAD WOODBURN. OREGON 97071 (503) 981-9555 June 3, 1999 City of Woodbum Planning Dept. 270 Montgomery St. Woodburn, Oregon 97071 To Whom It May Concern: As Executive Director of Personnel and Administrative Services for the Woodbum School District, it was recently brought to my attention that there exists some concern over the placement of portable toilets on our school campuses. I am a little surprised with the concern as three of the five facilities have been on our campuses for over five years. The newest ones were put on the Heritage/Valor site over a year ago. The reason for having the portable toilets is quite simple. The Woodbum School District makes our grounds available to the community. Literally hundreds of-people use our soccer fields and outdoor basketball facilities each week. Woodburn Parks and Recreation and other local organizations request use on a weekly and seasonal basis. It seems only reasonable to provide participants and spectators convenient access to restrooms. Currently, there doesn't appear to be many viable options. If we open our facilities for restroom use, it would provide open access to other parts of our buildings without (or with very limited) supervision. I guess we could have people relieve themselves in alcoves around the schools, but that would present an ongoing health problem for our students who use those same areas for recess and sports. A third option--to build permanent outdoor restroom facilities-- would be cost prohibitive to construct and maintain with our current staffing. At this time, the portable toilets provide a necessary service to the community members using our outdoor facilities and helps us avoid unsightly and unhealthy messes around the schools. If you have any suggestions that we have not yet explored, please let us know. You may reach me by phone at 981-2702 or e-mail wblomberg~Woodbum.kl 2.or.us. Thank you. Sincerely, Walt Blomberg, Executive Director of Personnel and Administrative Services Woodbum School District 103 compllea with provisions of the various civil rights laws. such as the Fair Employment Practices Act, the Ameflcans with Dlsabllltles Act, Title IX Regulations, and section 504 of I'L 93.112 In employment and educational pn~lrarns and activities. C1TY ADMINISTRATOR & CITY ATTORNEY EVALUATION PROCESS This is the time set for public input on the standards. ' ' ' ' ~ ' to i>e used by the City Council for the evaluation of the City Administrator and City Attorney ORS 192.660 (1) (i) requires that there be an · ' ' on the evaluation process used to evaluate the City Administrator Since the evaluation process has been modified, the City Council should hear any public input on the evaluation process After public input and Council discussion, if the Council is satisfied with the evaluation process, the Council should move to adopt the standards, criteria and policy directives presented as those to be used in the evaluation process of the City Administrator and City Attorney OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Annexation g98-04, Zone Change #98-05, and Minor Partition g98-08. The nature of the application is a request to annex 5.19 acres to the city of Woodburn, a zone change from Marion County UTF to City Light Industrial (IL) and Public Service (PS) and a partition of the property. The applicants are John Hibbard, Franklin and Emily Doss. ~c The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: WOODBURN COMPREHENSIVE PLAN Sec C. Industrial Land Use policies Sec D. Annexation Policies Sec H. Public Services Goals and Policies Sec M. Growth and Urbinazation Policies WOODBURN ZONING ORDINANCE Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 15 Zone Change Procedure Chapter 35 Light Industrial District Chapter 37 Public, Semi Public and Government Use Districts The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. Page 2 - Land Use Statement-'~c-:__:7~- P~-.~i~:.~:-v :-'-'~-.'",,,,ent #c~-0'_., ".tc If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. o If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. o Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report. 16:06 50~55@9622 I<APP!C'RTZ DFSIGN 01 WDBN CITY ~.TTY WAIVER OF 120-DAy R[,rLE (Pu~rsua~t to OR~ 227.178) TO: FROM: RE. CITY OF WOODBUR.N LEGY~L REP~SEHTATTV-E OF APPLICd~Fi' SITE PLAN REVIEW 9%05 STY.,II~ on COMPANY On beh&E'o£thc applicant h~ thc above-referenced land use ca.mc, I h~eby waive the application of Ih~ 120-day time pcfiud se[ out in ORS 227. I'~{ uatLl October 31, l 9~. 16'3i: 58355~622 KAPPERTZ DESIGN PAGE KAPPERTZ DESIGN CORPORATION 11~ S~ Z'lon Hill {)rive (~) Fax Cover Sheet DATE: TO: 'rlME: 9:52 AM 8~ 17/1999 Mr. Steve Goeckritz City of Woodburn FROM: Kapperl:z Design Corporation PHONE: (503) 558-9622 by Peter Kappertz FAX: (503) 558-1123 PHONE: (503) 982-5248 FAX: (503) 982-524.4 RE: SPR 99-05 - Stein OII Site, 1700 Block Mt. Hood Ave. CC: Mr. Bob Stein, Stein Oil Number of page~ Including cover eheet: 1 M esaag~: We are still ncgotiati.ng access concerns with Bi-Mart. At this time we do not anticipate a resolution before the City Council meeting tonight. We therefore respectfully request that this agenda item be continued until the City Council meeting on October 11, 1999 We also will waive the 120 day review time period until October 31, 1999. Thank you, G :\ 17~\179doc\ 170 fax42 doc This is the time set for public hearing in Site Plan Review//99-05. The nature of the application is to construct a retail gas station adjacent to Oil Can Henry' s. The applicant is Stein Oil Company and the owner is Chris S. Taylor. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: A. WOODBURN COMPREHENSIVE PLAN WOODBURN ZONING ORDINANCE Chapter 2. Administration of the Ordinance Chapter 5. Permits and Enforcement Chapter 6. Planning Commission Chapter 8. General Standards Chapter 10. Off Street Parking, Loading and Driveway Standards Chapter 11. Site Plan Review Chapter 30. General Commercial WOODBURN LANDSCAPING POLICIES AND STANDARDS WOODBURN SIGN ORDINANCE The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. Page 2 - Land Use Statement- Site Plan Review 4/99-05 August 23, 1999 If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. o Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report.