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Agenda - 07/12/1999 CITY COUNCIL AGENDA JUL Y 12, 1999 - 7:00 P.~ 270/Vlontgomery Street ~ ~ Woodbum, Oregon + CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Continuation of public hearing on growth management and annexation policies ' ~ pg F_gENTATIONS/PROCLAMATIONS A. July, 1999 - Recreation and Parks Month. ................................. 4A COMMITTEE REPORTS Chamber of Commerce. B. Woodbum Downtown Assoehtion. C. Woodbttm Public SchoOls COMMUmC&~ONS BUSINF~S FROM THE PUBLIC (This allows the Council consideration not already scheduled on the egena~:). CONSENT AGENDA - Items listed on the consent agenda are considered r°utine and may be enacted by one motlon~ Any item may be r~moved for discussion at the request of a Council member. C. D. E. F. Approve City Council minutes of June 7, 1999 workshop and June 28, 1999 Fegular meeting ...................................... 8A Accept Planning Comml-qsion minutes of June 24, 1999 ..................... SB 8C Review Police Activity Report for May 1999 ............................... Review Building Activity Report for June 1999 ............................. SD Review S~_mi-,~nnual Report from the Woodburn Area Chamber of Commerce · · · 8E Approve cinims for the month of June 1999 ............................... 8F 9. TABLED BUSINESS 10. GENERAL BUSINESS A. Council Bill No. 1977 - Ordinance approving annexation 98-03, Comp Plan Map Amendment 98-02, Zone Map Amendment 98-04 for construction of Phases II 10A and III of Factory Outlet Center ........................................ B Status Report on Woodbum company Stores, Phase I ...................... 10B Page 1 - Agenda, Woodbum City Council of July 12, 1999. 11. 12. 13. 14. 15. 16. 17. Ce Council Bill No. 1978 - Oralnance amending Woodbum Comp Plan Map and and changing the zoning designation on certain property located south of W. Hayes and east of I-5 and approving preliminary subdivision plat of said property (Montebello Subdivision) ................................. lOC Council Bill No. 1979 - Ordinance nmending Comp Plan Map on property 5.91 acres located at 515 S. Pacific Hwy from High D~nsity Resident to Commercial and concurring with Marion County on the proposed change from Marion County Commercial Retail to Commercial General ............................... 10D Council Bill No. 1980 - Resolution entering into agreement with R & W En~neering for replacement of HVAC system at Woodburn Public Library ................ 10E Council Bill No. 1981 - Resolution consenting to appointment of Paul Null as Police Chief and authorizing execution of an employment agreement ......... 10F PUBLIC HEARINGS PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECIn'IVE SESSION ,~ To consult with counsel concerning the legal rights and duties of a public body regard to current Utigation or Utigation likely to be filed, under the authority of ORS 192.660(1)(h) 18. B. To consider records that are exempt by law from public inspection. ADJOURNMENT Page 2 - Agenda, Woodbum City Council of July 12, 1999. CITY OF WOODBURN 270 Montgomery Street · Wooctburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 PR OCLAMA TION 4A July, 1999 - Recreation and Parks Month llrhereots, Oregonians enjoy a system of parks provided by Federal, State and local governments where we can enjoy countless recreational opportunities; and llTh~r~a.% in Woodburn, the City has developed a park system to serve Woodburn ' s growing population; and IVh~reas, the City's commitment to quality parks is exemplified by the completion of Centennial Park Phase I, construction of the ~ettlemier Park Youth Drop-In Center, renovation projects at Legion and Senior Estates Park and a future new park in the undeveloped Boones Crossing neighborhood; and Ilrh~reas, Woodburn's growing demand for recreation service is illustrated by growing attendance at the Woodburn Aquatic Center, unprecedented growth in youth sports and after school activities; and IVh~reas, citizens in Woodburn are committed to supporting quality recreation and park programs. The commitment of hundreds of organizations, businesses and individuals is typified by Woodburn's 1999 Friends of the Parks nominees, Woodburn Together, French Prairie Garden Club, Raul Garcia and Marion ZeItner whose examples of public service and devotion to Woodburn's families and children deserves everyone's emulation; Now, Therefore, I, Richard Jennings, Mayor, do hereby proclaim JuZy 1999 as Recreation and Parks Month and urge all residents to enjoy, recognize and help promote the benefits derived from quality recreation and park resources that provide everyone something of value. Dated this 12~ day of July, 1999. COUNCIL WORKSHOP MINUTES June 7, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 7, 1999. CONVENED. The workshop convened at 7:00 p.m. with Mayor Jennings presiding. 0003 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, Public Works Director Tiwafi, Public Works Manager Rohman, Community Development Director Goeckfitz, City Recorder Tennant Planning Commission members present: Frank Lonergan, Claudio Lima, Rob Mill, Eileen Bandelow, James Cox 0025 Mayor Jennings stated that this Council/Planning Commission workshop had been called for the purpose of receiving the consultants initial report on the Highway 214 Alternatives Analysis study. Public Works Manager Rohman briefly reviewed the agenda for this workshop and introduced Alan Danaher, consultant for Kittleson & Associates and presentor for this workshop, who was a member of the consulting team on this project. It was noted that this study involved the development of a refined set of alternatives that would be further evaluated as a part of an on-going environmental study. To date, input has been received from the Technical Advisory Committee, staff, general public, CH2M Hill, and Kittleson & Associates. Alan Danaher stated that the study involved a 2 mile corridor between I-5 and Park Avenue. He provided a brief overview of the project which initially began in 1991 by CH2M Hill but not completed at that time. In 1995, the Woodburn Transportation Plan was adopted which reaffirmed the need for a 4-lane roadway on Highway 214 even if a south by-pass was constructed. In 1998, the City sponsored an Alternatives Analysis Study to advance the planning process by refining alternatives and obtaining information for an environmental study. He stated that the City is in the first stage of a 5-step process Page 1 - Council Workshop Minutes, June 7, 1999 8A regon Department of Tr nsportation ~001 R~gmn 2 Date Page 1 of 12. FAX # (503) 986-2840 If there vas a problem with this fax transmission, please call (503) 986-5764. 15:25 FAA 503 ~4U Oregon i'olm A.. Kit:'.habet M,D. July 12, 1999 Department of Transportation Region 2 455 Airport Rd. SE, Bldg B Salem OR 97301.-5395 (503) 986-2600 FAX (503) 986-2630 FILE CODE: Dear Mayor 3ennings an / Honorable Richard ]ennilngs and Members of the City Cocincil City of Woodburn I 270 Montgomery Street Woodburn, OR 97071 d Councilors: ~of Transportation (ODOT) has been working diligently sentatives of the Woodburn Company Stores to complete vements necessary for the center to open. In opening, ODOT staff is working to develop operational expected increase in traffic and congestion in the vicinity .~rchange during the first days. We will be working City staff and the State Police. The purpose of this lett, ~r is to advise you of anticipated components of this plan. We will do our best to n~aintain traffic flow in the area, including Highway 214/219. Our principal (~oncern, however, must be the function and safe operation of ];-5. Gene~lly, we expect to implement the following measures: / 1. Signal Timioq - v~e wi[I maximize signal timing on Highway 214/219 to move traffic.- HoWever, additional timing strategies will be developed and implemented, as necessary, to ensure that traffic on the freeway off- ramps do not ba4ik up into the freeway mainline, causing a potentially unsafe condition. ODOT will have people in the field observing the situation that wil be able to change the signal timing as necessary to help accommodate th actual traffic loading. 2. Variable Messaq~ Boards - placement of message boards on I-5 north and south of the int-e 'change will warn drivers of possible congestion and encourage throu Ih traffic to merge into the left lanes. This signing would be similar to thai currently in place warning motorists of the construction project on the I-! Boone Bridge south of Wilsonville. ]f necessary, a variable messag~board will be placed on Highway 99E warning of congestion on Hi~ghway 214. The Oregon Departmenl with City staff and repr¢ the transportation impr( anticipation of a late-3ul plans to respond to the of the I-5/Woodburn int closely in this effort witl Form 7'3~.,1867^ (2-99) 07/12/99 M0N 15:26 FAX 503 9862840 I-IoDot~ble R/Ci~$n:I Jennings and Co~I ~em~ O~ of W~um July 12, 1~9 ~ 2 Other Measures.- could include ide~ Highway 214, an~ understanding is on-site circulatior off of Arney Road component of an, Conditioned Imp~ approval must be connection to Wc mountable media southbound off r; ODOT looks forward to Company Stores repres, implementing traffic ma area transportation facii please contact me at 98 986-2877, Sincerely, ODOT REGION 2 there are other measures that we may implement that tification and advertisement of alternative routes to I posting "No Parking" on Arney Road. Our :hat the Company Stores representatives will develop an management plan that will get traffic easily and quickly and into the parking lots. This is an important traffic management plan for the area. Ivemen_t5 - improvements required by conditions of installed and operational prior to opening: Arney Road odland; the signal at Woodland and Highway 219; and n on Highway 219 west of ]:-5 between the ]:-5 ~mp and Woodland Avenue. :ontinuing our work with you and City staff, and the :ntatives, in completing the identified improvements and ~agement measures that will protect the operation of ~ties. If you have any questions about this information, 5-2649, or Don 3ordan, District 3 Assistant Manager, at Richard McSwain Region Traffic Manager RFM:hs CC: 3ohn Brown, City Frank Tlwari, Wa Steve Goeckritz, Bob Hanson, Ma~ Gary 3ohnson, R~ Rick Sjolander, E Don 3ordan, Dist 3une Carlson, Mi iManager ~dburn Public Works Voodburn Community Development on County Public Works ~gion Manager istrict 3 Manager 'ict 3 -Willamette Valley Area 003 COUNCIL WORKSHOP MINUTES June 7, 1999 8A TAPE READING that being the Alternatives Analysis study. The next stage is an environmental study, followed by a preliminary/final design, right-of-way acquisition, and lastly project construction. In all, it could be up to 10 years, depending upon funding, before construction is completed. He reviewed the existing traffic conditions on Highway 214 and stated that the west end of the highway near I-5 receives as many as 25,000 vehicles per day whereas the east end of the Highway receives 20,000 vehicles per day. Under state guidelines, traffic warrant needs are approximately 15,000 vehicles per day. He also reviewed average daily traffic volumes of 1998 to the projected volumes in the year 2020 under the scenario of no buildout, with the second by-pass, and with a second interchange and second by-pass. It was noted that the estimated number of vehicles per day in 2020 will be 35,000 at the west end and 30,000 at the east end. He briefly reviewed statistics relating to accidents from the period of 1993 to 1998 and, compared to the state-wide average, the accident experience on the west end near I-5 was 2.5 to 3 times greater than the average. The area between I-5 and Oregon Way also has driveway spacing between 120 feet and 190 feet whereas the State's access spacing standard is 300 feet. He briefly described alternatives evaluated which included 2 lanes with raised median and left tUrn lanes, 5 lanes with center left turn lane, 4 lanes with raised median and left tUrn lanes, and 4 lanes without a median and with a left tUrn lane. Based on a traffic operations standpoint, the alternative to putting in a raised median between I-5 and Oregon Way were more positive however, a raised median may have more of an impact on businesses as opposed to a center turn lane. Improvements to the section of the corridor from Oregon Way east to Boones Ferry Road involve a centerline widening with two-way left turn lane, and the section of the corridor from Boones Ferry Rd. east to Park Avenue would involve centerline widening with a painted median. He also reviewed potential design criteria which includes width of travel lanes, turn lanes or median, bike lanes, sidewalks, right-of-way requirements, and speed designations. He reviewed various maps and drawings designed to provide a visual layout of how each roadway would look based on the alternatives evaluated. Side B In regards to noise walls, this issue will be addressed as part of the final environmental study. He also reviewed cost estimates for each alternative which, in worse case, total $15 million in current dollar values. Steps to be taken following this alternative analysis study include identifying alternatives for further study in an environmental study, preliminary scoping of the environmental study, preparation of the final Alternative Analysis study, and the City working with ODOT to secure funding for an environmental study. Public Works Manager Rohman stated that focus group meetings were held in December 1998 and May 1999. Focus groups consisted of local businesses, school representatives, and the general public. Issues brought up the most were 1) roadway congestion which increases side street traffic and 2) resistance by local businesses of the placement of a Page 2 - Council Workshop Minutes, June 7, 1999 COUNCIL WORKSHOP MINUTES June 7, 1999 8A TAPE READING median. Other areas of concern were noise problems experienced by residents living adjacent to Highway 214, pedestrian crossing in the vicinity of the high school, lack of sidewalks and crossing areas, and a walkway tunnel in the Senior Estates area. Dan Frickey, representing Oregon Dept. of Transportation (ODOT), provided a brief overview of the Statewide Transportation Plan (STIP) which identifies projects and funding for road improvements throughout the State. He stated that the Highway 214 widening project being discussed at this workshop is nOt in the STIP but it is classed as a high priority project. If HB2082 is passed by the House and Senate, it will dedicate $.02 per gallon fuel tax toward debt service requirements for a $600,000,000 bond issue for highway related projects. The preliminary list of projects for Region II would include the Highway 214 improvement project. Gerry Juster, ODOT, gave a presentation on access management issues. He stated that a primary concern is safety of pedestrians and motorists and the efficient flow of traffic. It was noted that highway shoulders have a dual use in that bicyclists are allowed to ride on highway shoulders. The purpose of a highway shoulder is primarily there for a safety purpose for stalled vehicles, for vehicles pulling off the roadway into a driveway, and for bicyclists. Brief discussion was held regarding the need for a signal at Front Street and Highway 214 along with a designated crosswalk. Alan Danaher stated that discussion with the School District also included modifications to the west driveway exit onto Highway 214 and a crosswalk in that area. Also considered was a pedestrian overpass which would cost in excess of $1 million and the School District is more interested in a crosswalk. Lengthy discussion was held on the issue of raised medians. Local businesses object to the medians since it reduces access to their businesses. Dan Frickey stated that no payment is owing to a business in the event an access is closed provided that there is at least one access available even though it may be off of a side street. Gerry Juster stated that access management forces the use of secondary entrances into businesses. It also requires more signage and the City would need to develop a circulation plan. Brief discussion was held regarding the number of accidents on Highway 214 in the area west of Oregon Way and it was noted there were 22 accidents between 1-5 and Lawson Ave. over a period of 5 years (1993-1998). It was also noted that the traffic count 10 years ago was 15,000 vehicles per day. Discussion was held regarding design standards set by the State to complement future need based on volume. There is a design exception process that can be pursued which would allow deviation from the standard. Concern was expressed by members of the Council and Planning Commission regarding ODOT's proposal for a median. Page 3 - Council Workshop Minutes, June 7, 1999 COUNCIL WORKSHOP MINUTES June 7, 1999 8A TAPE READING Gary LaPointe, local businessman, stated that he also has a business in the Tualatin area and traffic accidents are not a problem in this area which has a higher traffic volume than Woodburn. He also felt that more input needed to be obtained from those local businesses in the affected area prior to the final report being submitted to the Council. Alan Danaher stated that this study is just a starting point in the whole process. The environmental impact study will provide more in depth research before any design is finalized. He also stated that they have taken a preliminary look at driveway consolidation irrespective of whether or not a median is installed. Other members of the public speaking in opposition to the median strip were Bob Barnham (owner of Chevron station) and Tom Mann (Concerned Business Owners 214 representative). Mick DeSantis, owner of the office building locate at Cascade and Highway 214, expressed concern if the roadway design encroaches much closer than it is currently to his building. He also suggested that a sharper curve in that particular area will also slow the traffic down before they reach a more congested area. Lucien Klien expressed concern regarding the response time an emergency vehicle would have if it has to drive over a raised median. He also questioned the projections used in determining traffic volumes based on a south by-pass or second interchange. Alan Danaher stated that the traffic projections came out of the transportation system model which was developed for the City's Transportation Plan in 1995 and has been updated to 2020. It was also noted that the traffic volume projections do include through traffic increases which will be generated when the Oregon Gardens is open to the public. The workshop concluded at 9:23 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Council Workshop Minutes, June 7, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 28, 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 Absent Councilor Pugh Present Councilor Sifuentez' Present Staff Present: City Administrator Brown, City Attorney Shields, Public Wore Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westfick, Police Lt. Null, Finance Director Gillespie, Library Director Sprauer, Public Works Manager Rohman, Management Analyst Smith, WWTP Superintendent Sinclair, City Recorder Tennant 0021 ANNOUNCEMENTS. A) Retirement Reception: The public is invited to attend a reception for Leonard Van Valkenberg on Wednesday, June 30th, City Hall Council Chambers, between 2:30 pm and 4:30 pm. Mr. Van Valkenberg has been an employee of the City for 42 years serving in his most current position as Street Superintendent for many years. B) Drums of Fire Band Competition and Show: This event will be held on Thursday, July 1s~, at Legion Field from 5:00 pm to 10:00 pm. C) July 4a, Celebration: The Chuckwagon Breakfast will be held at Legion Park between 6:00 am and 11'00 am. Following the breakfast, the community celebration will begin at 12:00 noon and continue until after the fireworks display at the Woodburn High School athletic field. The public is encouraged to attend both of these local events. D) City Office Closures: City offices and the Public Library will be closed on Monday, July 5t~, in observance of the July 4~ holiday. 0061 PRESENTATION: WOODBURN SCHOOL DISTRICT. Dr. Jack Reeves, Superintendent, expressed his appreciation to the Council for giving them this opportunity to share with the City information as to what is happening at the School District. He stated that they plan on giving presentations on a periodic basis to the City in an effort to improve communications between the Board and Council. He also Page I - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING stated that Councilor Sifuentez has been attending the Board meetings and is serving as the Council's liaison to update the Board on what is happening within the City and the effect, if any, on the school system. Bill Rhoades, Vice Principal, gave a presentation on the School District's program relating to Strategic Planning and a brief overview on Curriculum Management. He stated that the District is working to prepare students for global studies since changes are happening rapidly in our society. The Strategic Plan was developed to provide a 10 year plan which is built on core principles, values, and beliefs that will continue to remain in place even in changing times. He provided a brief overview of each principle, value, and belief which include (1) family, (2) equal and inherent value, (3) learning is the key to survival and advancement of the human race, (4) diversity is strength, (5) mutual integrity, trust & respect, (6) people are accountable for their choices, and (7) a community thrives when members recognize and value their interdependence. An example of the interdependence that people have on each other is the athletic stadium project which will remain as a reminder of all the students and adults who have worked together to build the stadium. He also stated that the School District is in the prOCeSs of doing a Curriculum Management Audit and a Communication Audit. He stated that the School's Mission Statement is to engage and inspire all students to achieve challenging goals and aspirations, and to contribute to a diverse world. Mayor Jennings thanked Bill Rhoades and Dr. Reeves for the presentation and suggested that another topic of interest is the new Certificate of Initial Mastery program versus the traditional diploma concept. 0610 WOODBURN DOWNTOWN ASSOCIATION. Mark Wilk, WDA Board of Directors, stated that they are interested in Council feedback on areas of interest the Council has as it relates to their work and activities. He also read their Mission Statement which is to promote the historical and culturally diversed heritage of our community by providing opportunities that will encourage community wide investment in downtown Woodburn, and to encourage ownership of downtown through community participation in creating a beautiful, safe, and economically successful City of Woodburn. He stated that the association has a number of highly committed volunteers involved in a number of different projects. Those projects include: 1 ) reaching out to additional downtown businesses to be active members of the Association~ 2) beautification project which for the planting of numerous trees along Front and First Streets. They have developed an Adopt a Tree program and are encouraging local businesses to regularly water the trees while the WDA will fertilize the trees; 3) sign ordinance project involved their formation of a committee to identify their needs and present them to the Council for consideration; Page 2 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING 4) mural project - information being gathered from other local communities regarding ordinances they have on developing downtown murals and doing it an aesthetically pleasing artistic manner; 5) a Neighborhood Watch group will be formed to address safety and security; 6) development of a downtown Saturday Market which will draw more people to the downtown area; 7) providing a dinner or excursion train from Woodbum to Silverton since the Oregon Gardens will be opening up for tourists and this would be an opportunity to link the downtown area to other communities and be an attraction for tourists. 0886 CHAMBER OF COMMERCE REPORT. Steve Goeckritz, Chamber Board representative, informed the Council on upcoming events: 1) July 4t~ activities are happening in Woo<Ibm and citizens are encouraged to participate, 2) Business after Hours will be held on Thursday, July 8~, Holiday Inn Express, at 4:30 p.m.; 3) on July 22~, Business after Hours will be held at the Woodbum Drag Strip with 'Chamber At The Drags'. He stated that Executive Director Jane Kanz has put out a challenge to the Mayor for this annual event and Hershberger Motors will be providing the vehicles. 0950 PRESENTATION: TREE AWARD. A1 Toquini, Oregon Urban Community Forestry Council Board of Directors member, stated that the Council was formed in 1991 to encourage urban and community forestry in the State of Oregon. They have a membership of about 250 people from Oregon that are members of organizations that deal with community trees, governmental agencies, and service providers. They have an annual awards program to recognize efforts by individuals, civic, government, partnerships, school projects, and the Oregon Tree City of Year awards. A nomination was presented to their awards committee from Steve Goeckritz and their Board was impressed with the project which was completed in the downtown area. The awards committee felt that this project was worthy of both the partnership and civic awards due to the level of committment that was evident in the presentation. The awards committee also felt that the following individuals were deserving of specific recognition: Beverly Koutney (WDA), Leonard Van Valkenberg (Street Superintendent), Dallas & Kathy Figley (WDA), and Matt Smith (City's Management Analyst). Accepting the award was Kathy Figley, Bev Koutney, and Matt Smith. 1169 PRESENTATION - SEWER USE ORDINANCE IMPLEMENTATION. Frank Sinclair, Wastewater Superintendent, stated that the City had approved the Sewer Use Ordinance on August 26, 1996 which was a requirement by DEQ and the EPA as part of the City's wastewater discharge permit. He reviewed the various documents and Page 3 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING programs which have been developed to provide for implementation of the ordinance. One of the programs was the Enforcement Response Plan which must be certified by the City before it becomes effective. The plan has been approved by DEQ and the EPA and is now ready for the City to certify. He summarized the components of the plan which include both administrative enforcement and judicial enforcement activities. Administrative orders are issued from the Wastewater Treatment Plant and consist of a Consent Order, Cease & Desist Order, Compliance Order, and Show Cause Order. Fines are assessed at the time the orders are issued and the fine amount is outlined in the plan. He stated that the fines range from $50 to $1,000 depending on the degree of violation. He also stated that DEQ and EPA generally consider administrative fines as a positive reflection of the City's commitment to enforce the pre-treatment requirements. Director Tiwari stated that the City considers the environment activities as a serious issue and staff is doing the best they can under the regulations approved by the Council. Councilor Bjelland questioned as to how long the Enforcement Response Plan has actually been implemented. Director Tiwari stated that the ordinance has been in place since 1996 and he will be signing the Enforcement Response Plan tomorrow. He wanted the Council to be aware of the range of fines that will be implemented as a result of violations. 1700 LETTER FROM CONCERNED BUSINRflS OWNE~ OF HIGHWAY 214. 1730 1758 Mayor Jennings stated that the City had received a letter from the group thanking the City for their understanding of the concerns of business owners affected by the median as proposed by the State which would extend from I-5 to Oregon Way. CONSENT AGENDA. A) Council Minutes of June 14, 1999; B) Recreation and Park Board minutes of June 8, 1999; C) Planning Commission minutes of June 10, 1999; D) World Berry Center museum minutes of June 9, 1999; and E) City insurance renewals for 1999-2000. FIGLEY/PUGH... consent agenda be adopted as presented. The motion passed unanimously. COUNCIL BILL 1971 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1999-2000, MAKING APPROPRIATIONS, AND LEVYING TAXES. Council Bill 1971 was introduced by Councilor Chadwick. Finance Director Gillespie stated that the public hearing on the 1999-2000 budget was held on June 14"' and following this hearing, minor changes were made to the upcoming budget in order to transfer funds between special revenue funds. He also briefly reviewed the staff memo which highlighted changes made following the Budget Committee's Page 4 - Council Meeling Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING budget approval. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1971 duly passed with the emergency clause. 1932 COUNCIL BILL 1972' - RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1998-99. 1975 Councilor Chadwick introduced Council Bill 1972. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1972 duly passed. COUNCIL BILl, 1973 - RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2005 Council Bill 1973 was introduced by Councilor Chadwick?ReCOrder Tennant read the bill by title only since there were no objections from the Council, On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1973 duly passed. COUNCIL BILL 1974 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUFA_q DURING FISCAL YEAR 1999-2000. 2038 Council Bill 1974 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final Passage, Council Bill 1974 passed unanimously. Mayor Jennings declared the bill duly passed. COUNCIL BILL 1975 - RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF PROPERTY LOCATED NORTH AND SOUTH OF HIGHWAY 214 AND EAST OF FRONT STREET. Councilor Chadwick introduced Council Bill 1975. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1975 duly passed. 2071 REQUEST FOR STREET CLOSURE: ALEXANDRA COURT 4TM OF JULY PARTY. The residents of Alexandra Court requested permission to close their street between the hours of I 0:00 am and I 1:00 pm for the purpose of holding their annual 4th of July neighborhood party. Staff recommended that the request be approved. FIGLEY/SIFUENTEZ... approve the street closure for Alexandra Court on July 4, 1999 from 10:00 am to I I:00 p.m.. The motion passed unanimously. Page 5 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING 2083 REQUEST FROM DRUMS OF FIRE FOR SPECIAL EVENT PERMIT, EXTENSION OF CITY INSURANCE, SOUND PERMIT, AND STREET CLOSURE. A written request was submitted by Drums of Fire, Inc. requesting Council action on the following items relating to the Drums of Fire Band Competition at Legion Field: 1) issuance of a sound amplification permit for July 1st between the hours of 5:00 pm and 10:00 pm; 2) extend city liability insurance coverage for this event since the City is a co- sponsor; 3) allow waiver of insurance requirements included in the Parks Special Events permit; and 4) street closure of Park Avenue between Alexander St. and James Street between the hours of 5:30 pm to 10:00 p.m.. Staff recommended that the Council approve the requests for this annual event. FIGLEY/PUGH... authorize Recreation & Parks Director to sign the special events park use permit for the 1999 Drums of Fire competition at Legion Park; authorize an event co- spon~9~hip package that includes a no fee permit and inclusion within the City's "insUrance coverage; aUthorize closure of Alexander Ave. between Park Ave. and Tierra Lynnand closure of Park between Alexander & James between 5:00 pm and 10:00 pm on July l~;'and authorize use of sound amplification eqUipment for July 1, 1999 between 5:00 pm and 10:00 p.m.. The motion passed unanimously. .2154 REQUEST FOR INSURANCE COVERAGE AND SOUND AMPLIFICATION 2166 PERMIT: JULY 4TM CELEBRATION. Staff recommended approval of the request submitted by the Fourth of July Celebration Committee to extend the City's liability insurance coverage for this event and for the issuance of a sound amplification permit. FIGLEYfPUGH... authorize extension of the City's liability coverage and authorize issuance of a sound amplification permit for the annual 4th of July Celebration on July 4, 1999 at Woodburn High between 10:00 am and 11:00 pm.. The motion passed unanimously. SOUND AMPLIFICATION REQUEST: IGLESIA de DIOS ESMIRNA CHURCH. Staff recommended issuance of a permit to the Church on July 2 and 3, 1999, for an outdoor program they will be having at their Church located at 1530 Mount Hood Avenue. FIGLEY/SIFUENTEZ... allow the use of sound amplification for the Iglesia de Dios Esmirna Church on Friday July 2"a and Saturday, July 3rd, between 5:00 pm and 8:00 pm. The motion passed unanimously. Mayor Jennings stated that the original request included July 4th, however, the Church has withdrawn that date from their request. Page 6 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING .2215 BID #99-14: CONTRACT AWARD FOR WWTP MAINTENANCE BUILDING 2235 INTERIOR FRAMING. Bids were received from the following contractors for the interior framing and finish work on the maintenance building: Ruffin Construction, $84,712.00; New Hope Builders, $87,480.00; Magno Pacific, $91,850.00; PHI Construction, $101,500.00; J & L Construction, $110,750; and Emerald Engineering, $119,600.00. Staff recommended the acceptance of the Iow bid which was approximately 35 % below the engineer's estimate. PUGH/FIGLEY... award the construction contract to the lowest bidder, Ruffin Construction Co., for the interior framing and finish work on the Wastewater Maintenance building in the amount of $84,712.00, bid g99-14. The motion passed unanimously. BID NO. 99-27: CONTRACT AWARD FOR VANDERBECK WASTEWATER 2334 .SYSTEM. Bids for the installation of a new pump station were. received from the following contractors: Kerr Contractors, Inc., $667,211.00; S-2 Contractors, $720,560.00; W.A. Jones, $888,258.00; Moore Excavation, $889,572.00; Emery & Sons Contractors, $1,055,367.00; Earthworks, Inc., $1,209,373.00; and Stanley Contracting, $1,639,656.50. Staff recommended acceptance of the low bid which was approximately 18% below the engineer's estimate of $819,000.00. FIGLEY/PUGH... low bid from Kerr Contractors in the amount of $667,211.00 be accepted. The motion passed unanimously. COUNCIL BILL 1976 - ORDINANCE ~,qTABLISHING A PROCESS FOR THE FORMATION OF A REIMBURSEMENT DISTRICT FOR BENEFITTING PROPERTIES OF THE CONSTRUCTION OF PUBLIC IMPROVEMENTS REQUIRED OF CRAIG REALTY GROUP, WOODBURN LLC. Council Bill 1976 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1976 duly passed with the emergency clause. Mayor Jennings stated that the Council was in receipt of a letter from Stoel Rives LLP which is the attorney firm representing Craig Realty Group-Woodbum LLC. 2334 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT #99-01, ZONE MAP AMENDMENT #99-03 - Applicant: Lawrence & Marilyn Paradis. Mayor Jennings declared the public hearing open at 8:18 p.m.. Recorder Tennant read the land use statement required under ORS Chapter 197. Mayor Jennings stated that he has had several conversations with the applicant's attorney, however, it would not have any bearing on his vote in the event he would be required to Page 7 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING vote on this matter. Director Goeckritz briefly reviewed the staff report before the Council. He stated that this property abuts the south city limits and is within the City's Urban Growth Boundary. The applicant is requesting that there be an amendment to the City's Comprehensive Plan map from high density residential to commercial. The property involves approximately 4.91 acres and the property owner would like to utilize the property as a mini-storage facility. Since this property is currently outside the city limits, the application was submitted to Marion County. The Marion County/Woodbum Urban Growth Boundary agreement requires both jurisdictions to review land use requests. A request has also been made to change the zone from commercial retail to commercial general which would allow for the mini-storage facility. He stated that the property is located just north of the existing Auction Yard and the property had been granted a variance from the County for expanded commercial use allowing for the storage and sale of used farm equipment and implements on Auction Yard sale days. He stated that staff's recommendation is similar to the County Hearing's officer recommendation, however, he did state that the City did adopt our 1995 Comprehensive Plan ordinance in 1996. Staff recommended that the Council approve the applicant's request to amend the Comprehensive Plan map with a recommendation to the Marion County Board of Commissioners that the zone change from Commercial Retail to Commercial General be subject to the conditions of approval as stipulated in the heatings officer report. Brief discussion was held regarding designation of undeveloped property within the city and urban growth boundary. Director Goeckritz stated that the Buildable Lands Committee will be presenting a recommendation to the Planning Commission and Council on this issue. Bob Engle, attorney representing Lawrence and Marilyn Paradis, stated that this is an unusual application before the Council since it involves dual jurisdiction. This particular project involves the building of mini-storage units and inside RV storage. This type of project does not require city services which is why it is not being annexed at this time. A limited use overlay is being proposed which limits the use of this property to the mini- storage and RV storage facility. Brief discussion was held on the process that needs to be followed as per the Urban Growth Boundary agreement. He requested that a City Resolution be submitted to the Marion County Commissioners who, in turn, will adopt an ordinance. It will then return to the City for an ordinance to change the Comprehensive Plan. Councilor Pugh expressed concern regarding this property becoming an island in the future if it is not annexed at this time. Mayor Jennings stated that the if the property becomes an enclave, then the City can annex the property without the consent of the property owner. Discussion was held on the next step of this process. Attorney Shields suggested that the Page 8 - Council Meeting Minutes, June 28, 1999 COUNCIL MEETING MINUTES JUNE 28, 1999 8A TAPE READING Council finish the public hearing process and then direct staff to bring back the appropriate document to be forwarded to the County. Attorney Engle stated that the County will not set a public hearing until such time as the City Council sends a document approving the application. Attorney Engle also read exception #13 into the record which addressed the issue of limited use overlay to allow only mini-storage and RV storage inside. Tape 2 No one in the audience spoke either for or against the application. Mayor Jennings closed the public hearing at 8:40 p.m.. FIGLEY/PUGH... approve the request to amend the Comprehensive Plan Map from high density residential to commercial and instruct staff to prepare findings and conclusions to substantiate that decision, and to recommend to the Marion County Board of Commissioners that a zone change from Commercial Retail to Commercial General subject to the conditions of approval as stipulated in the hearing's officer report case number: zone change, comprehensive plan//98-13 dated January 1, 1999. The motion passed unanimously. 0246 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that Chief Wright will be retiring July 31't and, as provided for by the Charter, he has the authority of appointing a new Chief with the endorsement of the Council. Lt. Null has the qualifications to move into the Chief's position and he is currently negotiating a employment contract with Lt. Null. It is anticipated that a contract will be brought back before the Council at the next meeting for their approval. O366 MAYOR AND COUNCIL REPORTS. Councilor Figley encouraged the public to attend the 4th of July activities to be held at the high school beginning at 12:00 noon and concluding with a fireworks display. City Attorney Shields stated that there was no longer any need to hold an Executive Session. .0400 ADJOURNMENT. FIGLEY/PUGH... meeting be adjourned. The meeting adjourned at 8:48 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, June 28, 1999 D FT WOODBURN PLANNING COMMISSION June 24, 1999 8B CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox A Commissioner Will P Commissioner Lawson A Commissioner Gunderson A Commissioner Lima P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Steve Goeckritz, Community Development Director Nancy DeVault, Secretary Staff reported that Vice Chairperson Cox is on vacation and Commissioner Lawson is in the Mt. Angel Rehabilitation Center recuperating. MINUTES Commissioner Mill requested correction be made on page 5 under Business from the Commission section to read that it is the Hoodview Church of God property on the west side of Shop-N-Kart / BiMart Shopping complex and not the Scott property. Chairperson Young inquired as to who made the motion and approved to hold the De Novo hearing since it was not recorded? Staff explained that he was without assistance the night of the June 10th meeting and Staff missed turning the tape. Commissioners recalled that Commissioner Lima made the motion to approve to hold the De Novo hearing and Commissioner Mill seconded the motion. Which carried. Commissioner Will moved to accept the June 10, 1999 minutes with the noted changes. Commissioner Lima seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A. SPR 99-11, Variance 99-04, 1175 E. Lincoln St., Four Square Church Planning Commission Meeting - June 24, 1999 Page 1 of 8 Staff read applicable ORS statement and Report. made presentation as 8B reflected in the Staff Staff stated that the roofing material is the only condition that Staff varies from that is not in line with what the applicant wants. Commissioner Mill inquired whether we are requiring the applicant to have the median strips on the north side of the parking lot or if it is part of their design? Staff replied it is part of their design and it presently exists. Another thing looked at in the conditions is that Staff would like to see additional tree plantings in the parking lot. Ex Parte Chairperson Younq commented that he visited the site and spoke with Commissioner Lonergan on the phone about a couple of things. All of the Commissioners stated they visited the site and/or are familiar with it. Testimony by Applicant David Stone, 895 Amity Ct., Woodbum stated that he is the Pastor of the Four Square Church. He reported that his congregation has increased by over 100 in attendance in the last two years and stated that the expansion would be very helpful for ministry towards the future. Mr. Stone related that their facilities at this time are completely full with most of the rooms being used for two or three different activities throughout the week. Commissioner Mill inquired whether the applicant has any plans to relocate the playground? David Stone responded that the playground will be relocated to Willamette Valley Christian School in Brooks. He stated that with the type of weather that we have here the playground is more in the way most of the time than it is used. They were also concerned with the children from the apartments across the street crossing the street and getting hurt because the playground was unsupervised. With the addition of the gym the activities will be held inside and year round. Chairperson Young congratulated Mr. Stone in achieving such an increase in congregation. He also mentioned that he would feel more comfortable if the driveway were over on the other side and the landscaping could perhaps use a bit of encouragement. Testimony by Proponents None Testimony by Opponents None Questions Commissioner Will requested clarification from Staff regarding item #3 under General Conditions of Approval. Planning Commission Meeting - June 24, 1999 Page 2 of 8 Staff explained that they were looking for some right-of-way thru there but believed that this will not be a problem. Commissioner Will referred to item #6 of the Conditions of Approval and inquired whether this will be taken care of under the application for Variance? Staff replied affirmatively. Commissioner Will questioned if constructing a sidewalk along Park Avenue adjacent to the West property line of the development is part of Staff's recommendations? Staff responded that it is Public Work's recommendations. Commissioner Will asked what is the distance between the building and the bushes? He added that there is not much vision clearance there. Staff explained that this is why they want to move the driveway. He added that this issue was discussed and acknowledged by the applicant at the facilities meeting. Discussion Chairperson Young closed the public hearing. Commissioner Lonergan moved to accept Site Plan Review 99-11 and Variance 99-04. Commissioner Lima seconded the motion, which unanimously carried. aa Annexation 98-04, Zone Map Amendment 98-05, Minor Partition, 1055 Mt. Hood Ave., John Hibbard, Franklin & Emily Doss Staff read the applicable ORS Statement. Staff informed the Commission that Randy Rohman, Program Manager will provide tonight's presentation as staff and applicant. Randy Rohman, Public Works Program Manager provided presentation as reflected in the Staff Report. Randy stated that an additional lift station will be constructed on that piece of property in the future. Randy removed page 21, Exhibit F of the Staff Report because it should not be included in the Staff Report since they are already included within the City limits. He explained that the 3.75 acres lot to the north will become Light Industrial zoning and the 1.40 acres lot to the south will be purchased by the City and used for public infrastructure. Ex Parte Chairperson Young informed that he is familiar with the site. Commissioner Will stated that he visited the south end but not the north. Commissioners Lonergan and Bandelow both stated that they too are familiar with the site. Questions Chairperson Young expressed his concerns in how the access would be for the north side 8B Planning Commission Meeting - June 24, 1999 Page 3 of 8 8]] of the property if this was chosen to be developed as Light Industrial. Randy Rohman interjected to say that there is no development planned. Commissioner Mill asked Staff if there is a possibility to impose preconditions with this property as was done with the property on 99E adjacent to Al's Fruit & Schrub? Staff explained that properties are usually conditioned at the time of Site Plan Review. Chairperson Younq mentioned that this is strictly a zoning and annexation issue. Staff further clarified that any time it is industrial, multi-family or commercial it comes before the Commission for review which is when conditions they feel are necessary to make things safe can be imposed. Commissioner Will asked whether future development on the IL zone on 214 will be controlled by ODOT? Randy Rohman answered yes and commented that any additional or new accesses would have to get an access permit from ODOT for ent~j onto the State Highway. He .added if they were to build a lift station on the property they would intend not to access it from Highway 214. Commissioner Will indicated that the fact that construction is being done priOr to the' annexation hearing should have been included in the Staff Report. He asked if the road will be upgraded? Randy Rohman resPonded that not at this time. This property is still outside the City limits but there is right-of-way that exists back to it. He added that when they get done with installing the sewer line the road will be returned to existing condition. In the future when the pump station goes in the road will probably be paved for access. Commissioner Lima referred to page 4, Item C-1, Staff Comment and inquired whether this was something that is planned? Randy Rohman said it is just a statement of existing conditions. Testimony by Proponents None Testimony by Opponents None Discussion Chairperson Young closed the public hearing. Commissioner Will moved to approve Annexation 98-04, Zone Map Amendment 98-05, Minor Partition 98-09 and have Staff return with an Order with a recommendation to the Planning Commission Meeting - June 24, 1999 Page 4 of 8 City Council. Commissioner Bandelow seconded the motion. Motion carried. FINAL ORDER None DISCUSSION ITEMS A~ Woodburn High School Sinage. Staff reminded the Commission that they approved the Site Plan Review by the School District and requested the Variance be pulled out of the combined report. Staff explained that the report was not incorporated in the original packet because Staff was looking for a response from the School District. The primary concern on the part of the Commission was that the letters on the sinage might be moving. Hank Vredenburg, Woodburn School District informed the Commission that this will not be a running sign. He indicated that there are times in which they have 6 or 7 events going on at one time which they can not fit into their present reader board. They would like to have a message on the reader board with information changing at intervals of 5 minutes. 8B Chairperson Young inquired whether the existing sign will remain or will it be replaced? Paul Carr stated that the existing sign will come down and the new sign will be in the same area. Chairperson Young expressed his concerns regarding the possibility of someone sabotaging the sign and asked how will the message be programmed on the reader board? Hank Vredenburg responded that they are very much aware of what could happen and explained that the keyboard will be locked up in an area and that a student will probably be typing in the message on the computer under the direction of the leadership teacher. Chairperson Young related that the present Sign Ordinance states that electronic signs are restricted. He commented that they would like to work out some kind of language to indicate that it is okay for the school to have an electronic sign but not anywhere else. Commissioner Will questioned Staff if he obtained legal counsel regarding this issue? Staff responded he did not have the opportunity to raise this issue with the City Attorney. However, Staff did inform Council he was treating this as a Variance. Commissioner Will remarked that they are worried about setting a precedent for somebody else coming in and having the same type of sign that they had no intention of putting through in the first place. Commissioner Bandelow suggested to use wording that would specifically state that we recognize a very special need for the school and the public it serves that would not apply Planning Commission Meeting - June 24, 1999 Pago 5 of 8 8B to a commercial entity. Staff stated he could craft such language for the Commission in any type of order and have the City Attorney look at that language. Hank Vredenburg indicated that the District would like to do things other than just sporting events on the reader board, like timely notices, i.e. parent conferences, no school today... Staff remarked that he hopes that there will be no used car advertising and having the school get a commission on that. Hank Vredenburg suggested that this be spelled out as a condition because this issue has been discussed by the District. Commissioners expressed their concerns regarding distraction to traffic. Chairperson Young inquired whether a specific ordinance could be written that dealt with schools indicating that they are the only ones that can use electronic signs? Staff explained that the public voted for a measure that states that you do not change a land use ordinance i.e. sign, zoning, comprehensive plan ordinances without first notifying all property owners within your jurisdiction. He reported that this has been done once and cost the City $1,300 for themailing. Commissioner Mill asked if they would still be under this ballot measure if they wrote an ordinance pertaining to School District public property?. Staff does not know and will need to ask the City Attorney. Chairperson Young requested that Staff meet with legal counsel and discuss options as to how the Commission can write some sort of direction to allow the school to have the sign and still limit the commercial use in the community and explore an ordinance for schools to be brought back for the July 8th Planning Commission meeting. B.~. Minor Partition 99-03 Joseph Labansky, Jr., 1645 Hayes Street. Staff reported that the applicant has corrected the maps with the correct dimensions and therefore Staff has granted administrative approval. Commissioner Mill recommended that Staff go forward with Minor Partition 99-03 application. Commissioner Will seconded the motion. Motion unanimously carried. C.~. Plat Signing Heritage Park Phase 4 Staff remarked that Public Works staff and Marion County have reviewed the plats. Chairperson Young signed the mylars. REPORTS None Planning Commission Meeting - June 24, 1999 Page 6 of 8 8B BUSINESS FROM THE COMMISSION A_= Terry Will, Letter to Mr. Walt Blomberg, Woodburn School District Staff stated that this falls outside the guidelines of what this Commission is given the authority and authorization to do which is Land Use Planning. He added that he felt somewhat hesitant to send out the letter to the School District based on the fact that the City is out there doing the same thing i.e. Centennial Park. Chairperson Young asked if an ordinance be drafted stating that the portable toilets have to be maintained every two weeks? Staff indicated that suggestions can be made to the Council because they are the ones that would establish those types of standards. Commissioner Will conveyed the fact that if the Site Plan Review on Centennial Park would have been presented to the Commission the park would have had restrooms out there. He remarked that the City simply wants to avoid the issue of the safety and health of the citizens because they do not want to address the issue of Centennial Park. END OF TAPE 1 Commissioner BandeloTM concurred with Commissioner Will. She agrees that the City Council should be aware of how the members of the Planning Commission feel about this issue. She went on record to state that she is adamantly opposed to placing more and more of portable toilets on the school grounds. Commissioner Lonergan commented that school programs and activities would be halted if portable toilets are removed. Commissioner Mill suggested that this letter not be sent to the School District but that it be used as a very well written outline of the problem to go to City Council for them to resolve with an amendment to the ordinance exempting governmental entities. He further stated that there needs to be an ordinance that either makes those toilets safe in terms of by ordinance there is a scheduled maintenance and X number of toilets for X numbers of expected participants at an event or per use time. Commissioner Mill commented that we need to find some savings in the City budget somewhere and get some kind of permanent facility out at Centennial Park. Chairperson Young felt that the letter received from the School District is degrading to the Commission as a body. He stated that the Commission's list of concerns needs to be brought forward to the Council in a formal manner. Commissioner Lima proposed that there be a timetable set. Staff said that a letter listing the Commission's concerns to the Council would be totally appropriate. He added that Staff would feel uncomfortable with a letter from the Commission to the School District. He added that there are certain jurisdictional matters that the Commission has authority and where they do not. It is someone else's Planning Commission Meeting - June 24, 1999 Page ? of 8 8II responsibility to regulate the School District on health matters/portable toilets. Commissioner Will inquired as to who is responsible? Staff replied it would be City Council's responsibility. Commissioner Will agreed with Commissioner Mill's suggestion and said if the school wants to continue to use portable toilets that there be an agreed upon time frame set and that there be an adequate number available with adequate logs and records. He said that the health issue is first over shutting down the school fields. Chairperson Young requested that Mr. Blomberg be removed as the addressee and replaced with City Council. He also asked to start the letter with a preface stating that this is a concern of the Woodburn Planning Commission and has been in discussion for over 6 months and that the Commission would like to see the City Council review their concerns and have the Council return with some kind of comment. Commissioner Bandelow pointed out that there will probably be more portable toilets placed with the new concession stand going in. She remarked that we need to look into how they are addressing this. Commissioner Will requested that the letter be re-drafted so that Council and have the Council address the Centennial Park issue regarding:; number of portable toilets out there. Chairperson Young requested status update regarding Fred Meyer mowing the lawh ";on .' ,~ their property? Staff replied that the message was conveyed to the Code Enforcement Department. Commissioner Mill inquired if there is any progress with the Shop-N-Cart fence. He said the fence gap is widening daily. Staff said there is no progress yet but it is on Code Enforcement's list. Staff will send a memo to Code Enforcement regarding this issue. Commissioner Mill also asked if the shopping carts being all over town issue has been addressed? Staff stated he has not addressed this issue. Enforcement. Staff will address this with Code Commissioner Mill informed the Commission that he will not be attending the July 8th meeting because he will be in Dallas, Texas on business. ADJOURNMENT Commissioner Will moved to adjourn the meeting. motion. Motion carried. Commissioner Lima seconded the Meeting adjourned at 9:00 p.m. Planning Commission Meeting - June 24, 1999 Page 8 of 8 City of Woodburn sc Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Date: June 25, 1999 To: ?~n Wright, Chief of Police Mayor and Council John Brown, City Administrator Subject: Police Department Activities May 1999 The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date and compares with the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information contact me. ,0 o :)ii c o c o ' - :) .m IA~ 00!000.00000 Community Development 270 Montgomery Street Woodburn, Oregon 97071 81) MEMORANDUM (503) 982-5246 Date: July 1, 1999 To: Steve Goeckritz, Community Development Director From: Robert L. Mendenhall, Building Official Subject: Building Activity for June 1999 1997 1998 1999 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 3 $384,968 17 $2,021,240 16 $2,035,874 Multi Family 0 $0 7 $3,138,047 2 $6,300,000 Residential Adds & Alts 11 $151,310 11 $104,382 0 $0 Industrial 0 $0 3 $2,880,000 0 $0 Commercial Value 6 $10,002,825 3 $41,000 1 $400,000 Signs, Fences, Driveways 2 $5,400 6 $17,911 11 $19,240 Manufactured Homes 11 $588,000 4 $102,000 3 $142,065 TOTALS 33 $11,132,503 51 $8,304,580 33 $8,897,178 July 1 -June 30 Fiscal Year To Date $41,709,024 $53,938,957 $38,100,496 RLM:nd C:WIy DocumentsW1yFiles\BLDG~Building Activity~Building Activity - 1999~activity June 99.wpd Woodburn Chamber ~Commerc~ 2233 Country Club Road · P.O. Box 194 · Woodburn, OR 97071 8E REPORT TO CITY OF WOODBURN ON FUNDING AGREEMENT WITH WOODBURN AREA CHAMBER OF COMMERCE June 30, 1999 The following is a listing of the projects, activities, and promotions the Chamber has worked on during the second half of the year- December thru June. Published and distributed Chamber Business Directory/Community Profile. 8,000 copies were printed. Distributed to homes in Woodburrg businesses, people requesting information about moving to Woodbum, and the Welcome Service, (similar to Welcome Wagon. Erected the first Welcome To Woodburn sign on Patrick Industries property. Published monthly newsletter Chamber News each month. Mailed to the Chamber mailing list of 300, business, local government, schools and media. Newsletter contains information about local businesses and community events, business classes, and Chamber member updates. Began article on "Postcards From Woodburn", listing a new Oregon travel brochure available at the Chamber. Published a city map to be distributed to residents, visitors, delivery people, realtors, City Hall, library, Fire District, etc. 5000 copies were printed. Worked with Ben Gentile, VISIT, to secure the Silver Falls Scenic Tour Route which will begin at Woodburn exit 271. Submitted update on events for Great North Willamette Valley telephone book. Submitted Woodburn event information to Salem Convention & Visitors Association Spring and Summer Calendar of Events. (2 separate issues) Submitted Woodburn Visitor Center information to the 2000 Oregon Travel Guide (503) 982-8221 · Fax (503) 982-8410 ° E-mail: welcome@woodburnchamber, org Page 2 Service Agreement Submitted event information to the Coldwell Banker Mountain West Real Estate calendar of events. SUbmitted updated event and community information to the 99/00 US West book. Submitted updated event and community information to the 99/00 North Willamette Valley phonebook. Prepared and gave approximately 50 new resident packets to Senior Estates welcoming committee, 200 Woodbum Eagles, and 100 to a Woodbum Kiwanis hosted conference in Woodbum. Submitted Economic Development grant to WalMart to reprint Woodbum lure brochure. Misc. contacts on business development: Met with Ian Russell looking for industrial space Met a loan company rep. looking for r~ail space Spoke to rep. of Coming Attractions movie theater Spoke at WI-IS hospitality class on tourism Met with Dailey Ray, Primerica on opening an office in Woodbum Met with Country Companies, wants to open office in Woodbum Attended meeting with Salem Hospital on opening clinic in Woodbum Spoke to Terry Wilson, Realtor, about looking for space for a mfg home sales lot. Met w/Maryann Gerber on opening a pie business. Met with Craig Bernard, appraiser, on Arby's Have met with many Woodbum Company Stores including: Brooks Bros., Waterford Crystal, Factory Brand Shoes, Jockey, Polo, Black & Decker, Faberwear, Aunt Armies, Coming, Carters, BigDog, Stone Mountain Handbags, Leatherlof~, Tommy Hilficker, Great Outdoor Clothing, Pacific Sunwear, Koret, Jones of NY, Eddie Bauer, Levi's, Timberland. During this period, 2,600 visitors and 3,400 phone calls were received, requesting information about the Woodbum area. Submitted by, Jane Kanz Executive Director 8E A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F CHECK NO 46221 46222 46223 46224 46225 46226 46227 46228 46229 46230 46231 46232 46233 46234 46235 46236 46237 46238 46239 DEPARTMENT POSTAGE MTR-VARIOUS PAYROLL-POLICE SERVICES-WATER VOID VOID VOID REFUND-BUILD REFUND-WTPJSWR REFUND-VVTPJSWR REFUND-VVTPJSVVR REFUND-VVTR/SWR REFUND-WTR/SWR REFUND-WTRJSWR REFUND-WTR/SWR REFUND-WTR/SVVR REFUND-VVTR/SWR REFUND-WTR/SWR REFUND-WTR/$WR REFUND-TRANSIT 46240 REIMBURSE-MBRARY : 46241 ~SER,~, ..CE...s7~..~WWTp . · 46242 46245 SUPPLIE~WWTP 46246 46247 46248 46249 46250 46251 46252 46253 46254 46255 46256 46257 46258 46259 46260 46262 46263 46264 46265 46266 46267 46268 46269 SERVlCES-WWTP SERVICES-VARIOUS SUPPUES-PARKS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-PLANNING SUPPLIES-PARKS SERVICES-PARKS SERVICES-SELF INS SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-ADMIN SUPPLIES-PARKS SERVICES-NON DEPT SUPPLIES-VARIOUS SUPPLIES-WWTP SUPPLIES-VVWTP SERVlCES-C STORES SUPPLIES-VARIOUS SERVICES-PARKS SERVICES-WATER ' SUPPLIES-PARKS SERVICES-PARKS PERMITS-WWTP VENDOR NAME US POSTAL SERVICE EBS ' VALLEY MAILING VOID VOID VOID S&S ENTERPRISES PETER MORRIS FRANK WEBBER ASSOCIATES HOUSING NORA FIVES SKYLINE DEVELOP CENTEX HOMES SKYLINE DEVELOP COMSTOCK DEVELOP LESTER BISCHOFF BONANZA HOMES WINDSOR SMITH MARGARET KLESZYNSKI :,: A.&i~EST CONTROL ":;AER6~K INc!': ~-:.. ': AL~':~UIT & SHRUB AM. ER CAN S GMA ARAMARK uN~FORM AT&T HOUSEHOLD BANK BEN-KO-MATIC BIMART CORP ROGER BUDKE CASCADE COLUMBIA CASCADE POOLS ClS CITY CTY INS DAVISON AUTO PARTS EDWARDS EQUIPMENT FAMILIAN NW FARM PLAN ROBERT GIBSON GW HARDWARE HPC SCIENTIFIC IND WELDING SPLY IKON OFFICE L&L BUILDING LEISINGER DESIGNS LINDS MARKET LINCOLN EQUIPMENT LUCENT TECH MARION COUNTY BLDG VENDOR NO 020089 060020 021044 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE OOOO11 000027 ooooso O0O160 000323 000534 000623 001199 001200 001275 001580 002218 002226 002488 003080 004086 005030 005062 006175 006405 007189 008100 008119 O11010 011202 O12240 011250 011370 012090 DATE 6/1/99 6/1/99 6/3/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 614/99 6/4/99 6/4/99 6/4/99 6/4/99 614/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4/99 6/4199 6/4/99 614199 6~4~99 6~4~99 6/4/99 AMOUNT $1,000.00 $168.90 $669.60 $0.00 $0.00 $o.oo $147.72 $29.91 $4.68 $24.92 $34.64 $156.31 $8.21 $7.45 $7.45 $28.72 $11.20 $27.65 $29.O0 $7,50 $170:00. · $22s.15~:. $247;14 $477.02 $187~---~ $15.69 $287.49 $1,610.00 $164.74 $2,160.00 $635.00 $693.30 $3,912.10 $357.10 $179.62 $500.76 $9.60 $775.80 $364.82 $112.00 $32.00 $535.14 $46.68 $4,832.50 $30.00 $223.35 $14.12 $330.20 Page 1 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F 46270 46271 46272 46273 46274 46275 46276 46277 46278 46279 46280 46281 46282 46283 46284 46285 46286 46287 46288 46289 46290 SERVICES-HOUSING SUPPLIES-WATER SUPPLIES-WATER SERVICES-NON DEPT SERVICES-VARIOUS SERVlCES-ENG SERVlCES-WWTP SERVICES-PUB WORKS SERVICES-HOUSING SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-WWTP SERVlCES-ADMIN SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-STREET SERVICES-VARIOUS SERVICES-VARIOUS SUPPMES-PARKS SUPPUE~PARKS 46292 i.. SUppUE~I~.HALL 46293 SUPPUES-PARKS '. 46294 suPPUE~~y 46295 ' SUI~{51~IES~ISARKs. 46296 46297 46298 46299 46300 46301 46302 46303 46304 46305 46306 46307 46308 46309 46310 46311 46312 46313 46314 46315 46316 46317 46318 46319 46320 'SERVICE~PARKS PAYROLL-LIBRARY INVESTIG-POMCE SERVICES-BUILD PETTY CASH-VARIOUS SERVICES-WATER VOID VOID VOID REFUND-BUS LIC REFUND-PARKS SERVICES-PARKS SERVlCES-ENG SUPPLIES-WWTP SUPPLIES-ST/WVVTP SERVICES-VARIOUS SUPPLIES-ENG SERVlCES-PARKS/WWTP SUPPLIES-PARKS REIMBURSE-ENG SUPPLIES-STREET SUPPLIES-LIBRARY SUPPLIES-WATER SUPPLIES-STREET SERVICES-WWTP MCLARENS CARPET MCMINNVILLE CONC MILES CHEVROLET NORCOM NW NATURAL ONSITE ENVIRON OR ANALYTICAL LAB OR DIV OF STATE LANDS BRIAN PASCOE CONST PEPSI COLA CO PIONEER ELEC PORT GENERAL ELEC PRAXAIR DIST PROFESSIONAL TAPE ROTHS IGA LES SCHWAB TIRE US OFFICE PRODUCTS UNOCAI~ERNIE GRAHAM UNITED DISPOSAL US WEST COMM 012398 6/4/99 $2,717.67 012403 6/4/99 $507.40 012490 6~4/99 $26,866.67 013198 6/4~99 $18,683.42 013350 6~4~99 $1,434.64 014055 6~4/99 $1,706.80 014107 6/4/99 $235.00 014270 6/4/99 $450.00 015171 6~4~99 $425.00 015225 6/4/99 $475.60 015345 6/4/99 $246.30 015420 6/4/99 $2,284.76 01 5480 6/4/99 $13.00 015552 6/4/99 $1,159.28 017340 6~4~99 $35.82 018300 6/4/99 $767.96 019100 6/4/99 $779.61 020010 6/4/99 $586.49 020020 6/4/99 $1,152.70 020095 6/4/99 $513.79 VIESKO QUALITY 021140 6/4/99 $178.24 VIKING OFFICE · 021180 ' 6/4/99 .: $97.67 WITHER8 LUMBER ~ROX OHIO NATIONAL LIFE 060400 6/4/99 $32.74 PAUL E NULL 013420 6/4/99 $2,500.00 OR FIRE MARSHALS NONE 6/4/99 $60.00 CITY OF WOODBURN 015255 6/9/99 $161.04 VALLEY MAILING 021044 6/10/99 $494.40 VOID $0.00 V O I D $0.00 V O I D $0.00 SYLVIA SEQUIN NONE 6/11/99 $25.00 JENELL IWANIW NONE 6/11/99 $100.00 ACE SEPTIC 000031 6/11/99 $600.00 AEROTEK INC 000080 6/11/99 $180.00 AIR-OIL PRODUCTS 000112 6/11/99 $312.05 ARAMARK UNIFORM 000534 6/11/99 $827.41 ARCH PAGING 000535 6/11/99 $173.82 AWARDS & ATHLETICS 000580 6/11/99 $6.50 AT & T 000623 6/11/99 $35.77 BARK BOYS INC 001138 6/11/99 $6,336.00 DUANE BARRICK 001148 6/11/99 $181.95 BEN-KO-MATIC 001200 6/11/99 $76.98 BIMART CORP 001275 6/11/99 $41.01 BLISS ENTERPRISES 001304 6/11/99 $2,600.00 CSUS FOUNDATION 002038 6/11/99 $44.00 CARLSON TESTING 002140 6/11/99 $1,988.50 Page 2 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F 46321 46322 46323 46324 46325 46326 46327 46328 46329 46330 46331 46332 46333 46334 46335 46336 46337 46338 46339 46340 46342 46343 46345 46347 46349 46350 46351 46352 46353 46354 46355 46356 46357 46358 46359 46360 46362 46363 46364 46365 46367 46368 46369 46370 46371 SERVICES-PUB WKS SERVICES-PARKS SUPPLIES-POLICE SERVICES-PUB WKS SUPPLIES-PARKS SUPPLIES-POLICE SERVICES-VVVVTP SERVICES-PARKS SERVICES-FIN SUPPLIES-WWTP SERVICES-PARKS SUPPLIES-WVVTP REIMBURSE-FIN SERVICES-PARKS SUPPLIES-LIBRARY SERVICES-CITY HALL SUPPLIES-POLICE SERVlCES-WWTP SERVICES-VARIOUS SERVlCES-WWTP SUPPLIES-PARKS SERVl. CEE~PARKS SERVICES:P...UB WORKS SERVlCE~~ suppI.:IE~mOUs suPPMES-PouCE SERVlCES-POECE SERVlCES-POUCE SUPPEES-POECE SERVICES-VARIOUS SERVlCES-ENG SUPPLIES-POLICE SERVlCES-WWTP SERVlCES-TRANS SUPPLIES-STREET SERVlCES-WVVTP SERVlCES-ENG SERVICES-VARIOUS SERVICES-PARKS SERVICES-BUILD SUPPLIES-PARKS SUPPLIES-TRANSIT SERVICES-STREET SERVICES-POLICE SERVICES-PLAN SUPPLIES-WATER SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-PLAN SUPPLIES-VARIOUS CASE AUTOMOTIVE COSTCO WHOLESALE DANNER SHOE MFS DE HAAS & ASSOC DEL IND INC EMBLEM ENTERPRISES EMERY & SONS CONST FARM PLAN F&E SALES & SERV FOSS ENVIRON FOTO MAGIC FRONTIER INDUSTRIAL BEN GILLESPIE GREER BROS GW HARDWARE CJ HANSEN CO HARRIS UNIFORMS lOS CAPITAL IKON OFFICE LANDMARK PACIFIC LINDS MARKET LUCENT TECH -/~J~4 'AUTO WRECKING MARION COUNTY : METROFUEMNG MICROWAREHOUSE DR CLEON MILLER MUFFLERS HITCHES AE NELSON LEATHER NW NATURAL ONSITE ENVIRON OR DEPT OF MTR VEH OR HEALTH DIV OR TRANSIT ASSOC PACIFIC SAFETY SUPPLY PACIFIC PURE BOTTLED PBS ENVIRONMENTAL PORT GENERAL ELEC RELIANT COMM RLM CONSULTING S&S WORLDWIDE SCHETKY NW SALES SHAPIRO & A~$OC SHOOTERS MERCANTILE STATESMAN JOURNAL STEAM SUPPLY US OFFICE PROD US WEST COMM US WEST COMM VALLEY MAILING VIESKO QUALITY 002190 6/11/99 $258.45 002880 6/11/99 $10.00 003036 6/11/99 $103.95 003108 6/11/99 $2,912.00 003111 6/11/99 $202.00 004140 6/11/99 $749.74 004153 6/11/99 $94,097.50 005062 6/11/99 $199.68 005074 6/11/99 $109.00 005257 6/11/99 $528.63 005258 6/11/99 $9.95 005362 6/11/99 $25.00 006189 6/11/99 $7.00 006300 6/11/99 $6,847.50 006405 6/11/99 $32.49 007055 6/11/99 $459.00 007090 6/11/99 $73.90 008118 6/11/99 $141.05 008119 6/11/99 $429.73 011033 6111199 $59,141.30 011240 6/11/99 $27.90 011370 6/11/99 $14~12 012003'- ~:~? 6/11/99 0;~3 :~: !:i 6~11/99. 012~ '. ~.':/"6/~1/99 01E4'59' 6/11/99 $379.94' 0125o9 6/11/99 $524.00 012e56 6/11 '9 $171.23 01315o 6/11/90 $651.56 o1335o 6/11/90 $114.61 014055 6/11/09 $953.80 014240 6/11/99 $13.00 014311 6/11/90 $330.00 014610 6/11/99 $160.00 015040 6/11/99 $140.00 015059 6111199 $28.50 015200 6/11/99 $35.00 01 5420 6/11/99 $18,525.05 017170 6/11/99 $259.25 017257 6/11/90 $7,572.50 018017 6/11/99 $1,352.26 018240 6/11/90 $76.28 018425 6/11/99 $4,839.00 018453 6/11/99 $50,00 018760 6/11/99 $668.85 018780 6/11/99 $563.75 019100 6/11/99 $76.90 020091 6/11/90 $398.90 020095 6/t 1/99 $5,962.98 021 044 6/11/99 $1,316.90 021140 6/11/99 $646.43 Page 3 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F 46372 46373 46374 46375 46376 46377 46378 46379 46380 46381 46382 46383 46384 46385 46386 46387 46388 46389 46390 46391 46392 46393 SUPPLIES-PARKS SUPPLIES-LIBRARY REIMBURSE-WATER SUPPLIES-PARKS SERVICES-NON DEPT SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-FINANCE SERVICES-WATER VOID VOID VOID SERVICES-POLICE SERVICES-POLICE TEMP EMPLOYEE-ENG SERVICES-WATER SERVlCES-WWTP SERVICES-WATER SERVlCES-ADMIN SERVICES-POMCE SERVICES-RSVP SERVICES-SELF INS 46394 i~SERVICES-FINANCE 46395' SERVICES-POUCE 46396 46397 46398 46399 464OO 464O1 46402 46403 464O4 46405 46406 46407 46408 46409 46410 46411 46412 48413 46414 46415 46416 46417 46418 46419 46420 46421 46422 SERVICES-PARKS SERVICES-WWTP SERVICEs-PUB WORKS SUPPLIES-WWTP SUPPLIES-WATER SUPPLIES-ENG SERVICES-LIBRARY SERVlCES-WWTP SUPPLIES-POLICE SUPPLIES-PARKS SERVlCES-ENG SUPPLIES-STREET SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-PUB WORKS SERVlCES-WWTP SUPPLIES-MBRARY SUPPLIES-POLICE SERVICES-NON DEPT SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-FINANCE SERVICES-HOUSING SERVICES-STREET SERVICES-WATER SERVICES-POLICE SERVICES-LIBRARY VIKING OFFICE WALMART STORES WILMA WASSON WILL CHAP RED CROSS WBN INDEPENDENT VVBN RENT-ALL YES GRAPHICS DIRECT LINK VALLEY MAILING VOID VOID VOID DPSST ADCOMM ENGINEERING AEROTEK INC AMTEST OREGON ARAMARK UNIFORM ARCH PAGING BEAR ELECTRIC BULLARD, KORSHOJ CANBY TELEPHONE ClS CITY CTY INS CITY OF SALEM CRYSTAL SPRINGS WTR D & D PAVING ' ENG CONTROL PROD FIRST AMERICAN TITLE FISHERS PUMP HD FOWLER CO FRYS ELECTRONICS GE CAPITAL GEOPAClFIC LINING HARRIS UNIFORMS HOLY SHIRT IKON OFFICE INSERTA FITTINGS THE LIBRARY STORE LUCENT TECH MARION COUNTY MILES CHEVROLET OFFICE DEPOT OR FIRE EQUIPMENT PACIFIC NETCOM PACIFIC PRINTERS PACIFIC PURE BOTTLED PARADIGM PRESS BRIAN PASCOE CONST PORT GENERAL ELEC PROTECTION ONE PRO TINT WINDOW R-CO PAVING 021180 022035 022052 022328 022630 022708 024025 003240 021044 NONE 000048 000080 000400 000534 000535 001169 001584 002062 OO2488 002518 002919 003005 004180 OO5125 005147 005210 005405 006079 006090 007090 007275 008119 008135 011275 011370 012223 012490 014029 014304 015038 015058 01 5059 015114 015171 015420 015566 015568 017090 6/11/99 6/11/99 6/11/99 6/11/99 6/11/99 6/11/99 6/11/99 6/14/99 6/17/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/16/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6118/99 6/18/99 6/18/99 6/18/99 6118199 6118/99 6118/99 6/18~99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 6/18/99 $33.78 $36.14 $173.25 $654.OO $1,226.7O $1,471.50 $105.80 $300.00 $485.20 $0.00 $o.oo $o.oo $65.00 $3,200.00 $170.00 $4,900.75 $280.00 $26.61 $1,800.00 $48.00 $19.95 $1,580.31 $4,625.00 ''~' $57;40 $3,142.40 $4,774.92 $240.77 $2.257.50 $300.65 $235.00 $19.28 $630.72 $5,314.24 $621.90 $13.24 $311.83 $1,624.96 $75.50 $694.69 $34.oo $10.50 $49.50 $3,803.00 $9,666.24 $63.00 $608.00 $6,319.00 Page 4 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 46423 46424 46425 46426 46427 46428 46429 46430 46431 46432 46433 46434 46435 46436 46437 46438 46439 4644O 46441 46442 SUPPLIES-ENG SUPPLIES-WATER SUPPLIES-STREET SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-C GARAGE SUPPLIES-WATER SUPPLIES-RSVP SERVICES-PARKS SERVICES-POLICE SERVICES-WWTP REIMBURSE-POLICE SUPPLIES-VARIOUS SERVICES-WATER SERVICES-RSVP PETTY CASH-VARIOUS VOID VOID VOID SERVICES-PUB WORKS SERVICES-MBRARY 48445 46448 SERVICES-RSVP 46449 4645O 46451 46452 46453 46454 46455 46456 46457 46458 46459 46460 46461 46462 46463 46464 46465 46467 46488 46469 46470 46471 46472 46473 SERVlCES-A1TY SERVlCES-WWTP SERVICES-ENG SERVICES-POLICE SERVICES-WVVTP/WTR SERVlCES-WWTP SERVlCES-ST/WTR SERVICES-PARKS SERVlCES-ENG SERVlCES-WVVTP SERVlCES-ENG RETAINAGE-PUB WKS SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-WVVTP SERVICES-PUB WKS REIMBURSEMNT-FIN SERVICES-PUB WORKS SERVICES-STREET SERVlCES-WWTP SUPPLIES-WVVTP REIMBURSE-RSVP SUPPLIES-WATER SERVICES-PUB WORKS SUPPLIES-VVWTP SAFFRON SUPPLY SLATER COMM SPECIAL ASPHALT TAYLOR ELECTRIC US OFFICE PRODUCTS TRAFFIC SAFETY UNOCAL ERNIE GRAHAM UNITED PIPE US POSTAL SERV WILLAMETTE MASONRY WBN FLORIST WBN INDEPENDENT KENNETH WRIGHT YES GRAPHICS VALLEY MAILING BILL ABBOTT CITY OF WOODBURN VOID VOID VOID RIVIERA FINANCE JORY ARONSON CASCADE PARK RETIRE CITY OF SILVERTON CITY OF MCMINNVlLLE SALEM SENIOR CTR MARION CTY SHERIFF A & A PEST CONTROL AEROTEK INC AIR TOUCH CELLULAR ARAMARK UNIFORM ASSOC OF CLEAN VVTR AT&T AT&T WIRELESS CARLSON TESTING CHERRY CITY ELEC CH2M-HILL CITY OF WOODBURN CRANE & MERSETH CTL CORP CUSTOM CHARTS DAILY JOURNAL V JEAN DEEN DE HAAS & ASSOC DEPT OF ENVIR QUALITY EMERY & SONS CONST ENG CONTROL PROD SUE FOFANA DURA HD FOWLER CO JAMES W FOWLER CO FRONTIER INDUSTRIAL 018020 018522 018690 019030 019100 019220 O20O 10 020030 020090 022370 022600 022630 022830 024025 021044 NONE 015255 NONE NONE NONE NONE NONE NONE NONE 000011 000O80 000113 O00534 O00565 000623 000655 002140 002424 002477 002525 002896 002926 002985 00302O 003107 003108 003205 004153 004180 005197 005210 005215 005362 6/18/99 6/18/99 6/18/99 6/18/99 6/18~99 6/18/99 6/18/99 6/18/99 6/18/99 6/18~99 6/18/99 6/18~99 6/18/99 6/18/99 6124/99 6/24/99 6/24/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6125/99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6~25/99 6/25/99 6/25~99 6/25/99 6/25/99 6/25/99 6/25/99 6/25/99 6~25~99 6/25/99 6/25/99 6/25199 6/25/99 $63.46 $618.50 $10,641.00 $77.04 $487.48 $3,135.50 $1o.o6 $213.25 $145.50 $4,300.00 $39.00 $236.25 $443.88 $931.00 $415.20 $70.00 $121.64 $0.00 $445.50 $15o.00 $08.87 $2.28,5o ~ $25.00 $85.00 $12o.oo $8o2.61 $210.91 $1,000.00 $10.72 $14.03 $032.50 $120.00 $~92.01 $5,479.13 $33,562.36 $7,~3.00 $13.00 $262.O8 $22O.OO $109,350.10 $72.O7 $6~.75 $302.00 $104,103.30 $5,591.45 8F P~e5 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F 46474 46475 46476 46477 46478 46479 46480 46481 46482 46483 46464 46485 46486 46487 46488 46489 46490 46491 46492 48493 46495 46497 46498 46500 46502 46503 46504 46505 46506 46507 46508 46509 46510 46511 46512 46513 46514 46515 46516 46517 46518 46519 46520 46521 46522 46523 46524 SERVICES-VARIOUS SERVICES-CITY HALL SERVICES-FINANCE SERVICES-PUB WKS SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-VVWTP SUPPLIES-VVTRJST SERVlCES~VARIOUS TEMP EMPLOYEE-ENG SERVICES-VVWTP SERVlCES-ATTY SERVICES-WATER SUPPLIES-ATTY SUPPLIES-VVTR SERViCES-ADMIN SUPPLIES-WWTP SUPPLIES-WWTP SUPPEES-RSVP SERVICES-BUILD SUPPUES-RSVP SUPPUE .S~PARKS SUPP_I. IE~pOUCE SUPPUES-FINANCE SuP~E~~ REIMBURSE;~.IBR~RY SUPPMES-WATER SUPPUES-STREET SERVICES-FINANCE SERVICES-WWTP SUPPLIES-PARKS SERVICES-MAYOR SUPPLIES-RSVP SUPPLIES-WWTP SUPPUES-WWTP SUPPLIES-ATTY SERVICES-ENG SERVICES-PARKS SERVICES-NON DEPT SERVICES-PUB WORKS SUPPLIES-POLICE SUPPLIES-STREET REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP VOID DON GANER & ASSOC CJ HANSEN CO IKON TECHNOLOGY MARION COUNTY CLERK METROFUELING NEXTEL COMM NW LTD ENERGY NW TRUCKSTELL ONE CALL CONCEPTS ONSITE ENVlRO OR ANALYTICAL LAB OR DEPT OF MTR VEH OR ELECTRIC GROUP OR STATE BAR US FILTER PERFORMANCE PLUMB PLATT ELECTRIC JACK RAWLINGS RIVER VALLEY GARDENS FLM CONSULTING ROTHS IGA SAFFRON SUPPLY 006014 6/25/99 007055 6/25/99 008117 6/25/99 012087 6~25/99 012448 6~25~99 013188 6/25/99 013295 6/25/99 013320 6/25/99 014054 6~25~99 014055 6/25/99 014107 6/25/99 014240 6/25/99 014290 6/25/99 014500 6/25/99 015065 6/25/99 015240 6/25/99 015340 6/25/99 017054 6/25/99 017250 6/25/99 017257 6/25/99 017340 6/25/99 018020 6/25/99 SM~i~&~.~ON CAM 018580 6/25/99 : sOL~SpE~IAL~DITION :;;.01~8603 ;6/25/99 UN~3~"~[i~ 0ii710'' 6~9 ~FIC ~~ SUPPLY 019~ UNOCAL ERNIE GRAHAM US WEST COMM VALLEY EXCAVATING VIKING OFFICE VISIT GROUP WALMART STORES WATERLAB WATER ENVlR FED WEST GROUP WILLAMETTE ENGINEER WOLFERS HEATING CHAMBER OF COMM WBN INDEPENDENT YES GRAPHICS ZUMAR INDU~,TRIES GRACE FOLTZ ALMEDA QUIRING MARIAN REED JUNE WOODCOCK RICHARD SNYDER STEVE STURN ROBERT STILLMAN JAY WOODS VOID 020010 6/25/99 020095 6/25/99 021037 6/25/99 021180 6/25/99 021204 6/25/99 022035 6/25/99 022065 6/25/99 022091 6/25/99 022160 6/25/99 022332 6/25/99 022460 6~25/99 022510 6/25/99 022630 6/25/99 024025 6/25/99 02804~ 6125/9§ 035250 6/25/99 035608 6/25/99 035615 6/25/99 035648 6/25/99 035655 6/25/99 035664 6/25/99 035667 6/25/99 035763 6/25/99 $493.00 $259.00 $10,000.00 $25.00 $661.74 $578.23 $732.5O $12,267.00 $103.50 $778.10 $180.00 $11.50 $263.50 $125.00 $4,023.45 $1,512.00 $128.76 $44.36 $105.00 $1,343.00 $53.4O $196.38 $450.00 $120.00 $144.57 '$2,285~5 $526.27 $216.00 $122,951.40 $230.22 $2,000.00 $200.00 $372.32 $131.50 $345.38 $14,380.50 $2,000.00 $219.00 $129.00 $7O4.00 $12.00 $10.80 $11.25 $19.20 $38.40 $23.95 $24.00 $38.40 $o .oo Page 6 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F 46525 46526 46527 46528 46529 4653O 46531 46532 46533 46534 46535 46536 46537 46538 46539 46540 46542 46543 46545 .46546 46547 46549 46550 46551 46552 46553 48554 46555 46556 46557 46558 46559 46560 46561 46562 46563 46564 46565 46567 46568 46569 46570 46571 46572 46573 46574 46575 VOID VOID SUPPLIES-LIBRARY SUPPLIES-LIBRARY REFUND-WT/SVVR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-VVTRJSWR REFUND-WTPJSVVR REFUND-VVTPJSVVR REFUND-VVTPJSVVR REFUND-WTPJSWR SUPPLIES-LIBRARY SUPPLIES-ENG SUPPLIES-LIBRARY SERVICES-LIBRARY SERVlCES-MBRARY SUPPLIES-LIBRARY SUPPEES-ENG SUPPLIES-MBRARY SERVICES-PARKS SER CES-ENG,, · SuPPUEG-ClTY HALL SUPPUES-LIBRARY SERVICES-LIBRARY SERVICES-VARIOUS SERVICES-POLICE SUPPLIES-PARKS SERVICES-VARIOUS SERVICES-POUCE SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-LIBRARY SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-PARKS SERVICES-LIBRARY SERVICES-WWTP SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-COURT SUPPLIES-STREET SERVICES-ENG SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-WWTP VOID VOID M.E. SHARPE BOOKS ON TAPE JOHN HOUSTON DAVID SCOTT CAROLINA HOOPER R.P. NIGHT SKYLINE DEVELOP CENTEX HOMES MARK HEALY SISTER & ZELLNER JOHN C BROWN HERITAGE QUEST CAMERA WORLD RED BRONCO DONNAS CASTLES COMP ED SOLUTIONS TIME INC MOYER PUBLISHING ENTERTAINMENT A&A. PEST.CONTROL AEROTEK INC. ~ AIR TOUCH. PAGING AL'S & SHRUB A QUAUTY TYPEWRITER ARAMARK UNIFORM AUTO ADDmONS AWARDS & ATHLETICS AT&T AT&T LANGUAGE LINE HOUSEHOLD BANK BEN-KO-MATIC BETTER HOMES BIMART CORP BROWN & CALDWELL BULLDOG VIDEO BUSINESS JOURNAL CASE AUTOMOTIVE CASCADE COLUMBIA CASCADE POOLS CHEM COMM COLL CHERRY CITY ELECTRIC COASTAL FARM COASTWIDE LAB MARGOT COMLEY CONSOLIDATED SUPPLY CRANE & MERSETH DAVlSON AUTO DAVISON AUTO DE HAAS & ASSOC NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30199 NONE 6/30/99 NONE 6~30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6~30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 NONE 6/30/99 .NONE 6/30/99 0OOO11 6/30/99 :! .ooo0.so "000160.: '~20 000534 6/30/99 000558 6/30/99 00O580 6/30/99 000623 6/30/99 000659 6/30/99 001199 6/30/99 001200 6/30/99 001250 6/30/99 001275 6/30/99 001573 6/30/99 001586 6/30~99 001631 6/30/99 002190 6/30/99 002218 6/30~99 002226 6/30199 002410 6130199 002424 6/30/99 002625 6/30/99 002626 6/30/99 002686 6/30/99 002770 6/30/99 002896 6/30/99 003080 6/30/99 003081 6/30/99 003108 6/30~99 $0.00 $0.00 $530.00 $263.13 $7.61 $13.15 $27.65 $14.90 $14.91 $7.45 $66.24 $3O.45 $28.83 $109.35 $759.98 $75.00 $150.00 $1,080.00 $359.82 $129.00 $51.48 $180.00 $19.14 $184.92 $48.60 $410.93 $207.00 $218.75 $16.11 $905.44 $1,018.92 $155.37 $23.90 $315.16 $268,334.06 $60.00 $178.00 $2,338.41 $395.00 $192.00 $1,124.81 $1,725.02 $386.93 $1,481.42 $162.50 $578.56 $3,656,OO $284.87 $8.98 $2,477.10 P~e7 46576 46577 46578 46579 46580 46581 46582 46583 46584 46585 46586 46587 46588 46589 46590 46591 46592 46593 46594 46595 46596 46597 46598 46599 46601 466O2 466O3 466O5 46607 46608 46610 46611 46612 46613 46614 46615 46616 46617 46618 46619 46620 46621 46623 46624 46625 46626 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 8F SERVICES-PUB WORKS SUPPLIES-LIBRARY SERVICES-PARKS SERVICES-WATER SUPPLIES-ST/VVVVTP SERVICES-POLICE SUPPLIES-LIBRARY SUPPLIES-VVVVTP SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-POLICE SUPPLIES-VVWTP SERVICES-POLICE SERVICES-LIBRARY SUPPMES-STREET SUPPEES-LIBRARY SUPPMES-I. IBRARY SERVlCES-POMCE DEPT OF ENVIR QUALITY EBSCO SUBSCRIPTION ENGELMAN ELECTRIC FAMILIAN NW FARM PLAN FOTO MAGIC FRANKLIN COVEY FRONTIER INDUSTRIAL GK MACHINE GRAND SLAM VWV GRAINGER GW HARDWARE CJ HANSEN HARRIS UNIFORMS HPC SCIENTIFIC HILLYERS MID CITY HUBERS CAFI~ IND WELDING SUPPLY INFO USA MARKETING INGRAM DIST IKON OFFICE . 003205 6~30~99 $500.00 004040 6/30199 $4,800.00 004190 6/30/99 $1,114.47 005030 6~30/99 $8,721.00 005062 6~30/99 $79.25 005258 6~30/99 $97.06 005332 6/30/99 $62.60 005362 6/30/g9 $4,881.00 006009 6/30/99 $151.37 006273 6~30/99 $36.00 006283 6~30/99 $50.99 006405 6/30/99 $690.55 007055 6/30/99 $640.00 007090 6/30/99 $2,918.95 007189 6/30/99 $330.98 007228 6/30/99 $572~4 007331 6/30/99 $159.00 0O81O0 6/3O/99 $8.71 008110 6/30/99 $440.O0 008116 6/30/99 $434.O0 008119 6/30/99 $986.36 SERVlCES-POUCE DR ROBERT JONES' 009147 . 6/30/99 ~$609;00 - suPpUEs-UB~Y KI~USE,'~BU~TIONS 010300 ~'~:.~6/30~99 SUPPUE~~ L&L BUI'~ING~?~' 011010'~ ~i'~'~i. 6/30/99.?~ .. SuppUEs-V~i~S ' ' 'o1'2 - .... SUPPLIES-VARIOUS 'MR p'$ ~UTO ?:' 012510 6/30~9 SUPPMES~=INANCE SUPPMES-UBRARY SERVlCES-WWTP SUPPLIES-LIBRARY SUPPEES-WWTP SERVICES-LIBRARY SERVICES-PARKS SUPPLIES-LIBRARY TEMP EMPLOYEE-ENG SERVICE~LIBRARY SUPPLIES-LIBRARY SUPPLIES-POLICE SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-STREET SERVlCE~-ADMIN SUPPLIES-PARKS SUPPLIES-CITY HALL SUPPLIES-WATER SUPPLIES-VWVTP SUPPLIES-STREET SUPPLIES-LIBRARY SUPPLIES-LIBRARY NATIONAL BUSINESS NATL GEOGRAPIC NICOU ENGINEERING NORTH COAST ELEC NORTHSTAR CHEMICAL NW LIBRARY BINDERY NW NATURAL GAS OFFICE DEPOT ONSITE ENVIRON OPEN SPACES OR DEPT OF ADMIN SERV OR FIRE EQUIPMENT OREGON P.E.R.S PACIFIC PRINTERS PACIFIC PURE BOTTLED PAULS SMALL MOTOR PBS ENVIRONMENTAL PEPSI COLA CO PIONEER ELECTRONICS THE PLANK CO PRAXAIR DIST PUBLIC WORKS SUPPLY RECORDED BOOKS REGENT BOOK 013023 6/30/99 $4,254:64 013060 6/30/99 $24.87 013192 6/30/99 $7,891.90 013215 6/30/99 $118.00 013235 6/30/99 $648.O0 013293 6/30/99 $342.55 013350 6/30/99 $51.85 014029 6/30/99 $399.99 014055 6/30/99 $778.10 014057 6/30/99 $25.00 014198 6/30/99 $375.00 014304 6/30/99 $326.98 014424 6/30/99 $10,216.36 015058 6/30/99 $389.27 015059 6/30/99 $23.00 015175 6130199 $45.17 015200 6/30/99 $2,650.00 015225 6130199 $688.40 015345 6/30/99 $7.99 015362 6~30~99 $1,520.00 015480 6/30/99 $13.35 015648 6/30/99 $126.00 017102 6/30/99 $87.00 017148 6/30/99 $12.77 Page 8 46627 46628 46629 46630 46631 46632 46633 46634 46635 46636 46637 46638 46639 4664O 46642 46643 46645 46647 46649 46651 46652 46653 46655 46657 46658 46659 4666O 46661 46662 46663 A/P CHECK LISTING FOR THE MONTH OF JUNE 1999 SERVICES-BUILD SUPPLIES-PARKS SUPPLIES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-POLICE SERVICES-PLAN SUPPLIES-LIBRARY SUPPLIES-POLICE SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WATER SUPPMES-VARIOUS SERVlCES-WWTP SUPPLIES-TAPES SUPPLIES-LIBRARY SUPPLIES-VARIOUS SERVICES-POLICE SUPPLIES-MBRARY SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-PARKS SUPPLIES-LIBRARY REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR RLM CONSULTING ROTHS IGA SALEM TROPHY LES SCHWAB TIRE SIMON & SCHUSTER SLATER COMM STATESMAN JOURNAL SUNSET BOOKS TERRITORIAL SUPPLIES US OFFICE PRODUCTS UNITED DISPOSAL US WEST COMM USWEST DIRECT US WEST COMM VISIONS WALLING SAND WALMART STORES WESTERN POWER WILL CHAM RED CROSS WILLAMETTE WEEK WBN FERTIEZER WBN FLORIST WBN HIGH SCHOOL WBN INDEPENDENT OFFICE SPECIALTIES WORLD BOOK SCHOOL XEROX CORP YES GRAPHICS DOROTHA BORELAND CORNELIUS DONNELLY FRED HAYES J WARD O'BRIEN FRANCES OLSON JOAN PREZEAU GERTRUDE REES STEVE STURN FRED TOPOREK 017257 017340 018141 018300 018493 018522 018760 018817 019060 019100 020020 020091 02O092 020095 021203 022029 022035 022228 022328 022375 022590 022600 022615 022630 022670 022810 O23020 O24025 045100 045250 045315 045497 045505 045525 045545 045585 045660 6/30~99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 '6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 6/30199 6/30/99 6/30/99 6130199 6/30199 6/30/99 6/30/99 6/30/99 6/30/99 6/30/99 $35,099.61 $160.10 $53.80 $809.55 $82.O9 $183.85 $668.85 $5.00 $336.90 $599.82 $649.50 $407.70 $35.47 $513.79 $319.55 $2,950.26 $194.15 $934.65 $1o.o0 $74.00 $882.20 $28.98 $27.00 $108.75 $21.75 $895.00 $30.00 $225.00 $88.50 $138.50 $141.25 $103.50 $21.88 $378.88 $32.50 $159.00 $27.75 8F $1,289,117.35 Page 9 STAFF REVISIONS TO CONDITIONS SUBMITTED B Y APPLICANT 10A IV CONCLUSIONS. The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. i'~ ~i~'?'; ~:'"~i~~"::~i' ~,..' ~.:,,~:::::: ..... ::::::::::::::::::::::::::::::::: "'"'"":':'~'"'""'"'"'"'""'"' ""'"'"'" "'"'"'"'"'"' .................................. .... . . . ::: ......... . ......... ,..............~,.., ....... ~ ........ ..~......:.:,..:.:...:.:... ,.......... ~....:..¥ :.::: ¥ :::.,.:',;:::::::: .):: .):,,-:::: :.: ~:: :::::::::::::::::::::::::::::::::::::::::::::::::::: :~:: :.):: :.'..':::::: :~: ::;~: ::; ~:~:,'::~:::~:~.':' .... :.~:.~;:.~..~. ..:.,.,~ :.:........../.,..., ........... :~. ........ :, .:: ................ :..... ::.. '~? . : · : · . -: .~ ::: .~..~':::~'~::::" .-:-.~....:. .~ ..:~i.. .¥::.'. ~.:~. -..¥- ..:~.~..¥~!:::.~ ¥.,.:~.:. .-:.:.:.~',..x,.-:..-.. ....~.:::::..: ..... .,.~;~;~ ,,.,,,¥:~.~ ~,.~.'~i.. ?.¥: ................... .'..¥.:.,- ............................... .:. ............ ~:' ¥:%~:~,:.-'~i::i~ . -1-: ~i~!;.,:'i~/!~his approval is limited to a factory outlet center. ~. ~~the site ~ ~review application shall satisfy OA~ 660-12- PARTIAL VERBATIM TRANSCRIPT OF MOTION AND DISCUSSION IOA Councilor Figely: Yes, taking out 1, leaving in 2 and 3 and 2 additional ones. I think the one limiting it to factory outlet is reasonable. Mayor: Okay, you've all heard that motion. I can't let you speak. I'm sorry. We're in a land use thing and I don't want to violate any laws here. The two attorneys I can tell are going to discuss this. Do you want me to talk for a little while, Bob, while you make up your mind whether or not. Councilor Kilmurray: We lef~ something out. Yeah, keep talking. Mayor: I think maybe you left something out, Kathy. After some discussion by the Mayor, Councilor Figley and the City Attorney the following was made Councilor Figley: I move that the Council approve the annexation, the comprehensive pl~ map~~ amendment and the zone map amendment subject to conditions 2 and 3 of the Planning Commission's conditions of approval and the following 3 additional conditions: (1) approval factory outlet only, (2) no development of Phase H until construction of improvements were required for Phase I as conditions of approval for Phase I are completed satisfactorily, and ! ~,.,City Attorney: Transportation Planning Rule, I believe it would be 660-012-045 Councilor Figley: Okay, .......... at the site plan review stage; further that attorney for applicant be requested to submit the drat~ form of ordinance and findings of fact for review by the Council. Councilor Pugh: And it's been seconded. Mayor: You guys heard that motion, I'm not going to try to repeat that one. Is there any discussion then on the motion as stated? Councilor Bjelland: I'm trying to understand the condition that we eliminated was that improvements required to address traffic impact shall be ..... Mayor: That's the one we're leaving out. We've agreed that we're going to accept todays data. Councilor Bjelland: But that doesn't change the improvements required to address traffic impacts. Mayor: She's taking out - the motion takes out that condition of approval - it removes that condition. Page $ - Excerpt of May 10, 1999 Council Minutes Councilor Bjelland: Okay, then at what point in time do we determine the improvements required to address traffic impacts. We're not doing it at the point in time of the site plan review, when are we doing it? Councilor Kilmurray: Are you talking about the traffic impacts or the road improvements? Councilor Bjelland: I'm talking about the improvements required to address traffic impacts. Councilor Kilmurray: That's what we already had that whole discussion on. They already provided us with the date three time now. Councilor Bjelland: That's the traffic impact, not the improvements needed to address that impact. Those are two different things. Councilor Kilmurray: The road improvements? Doesn't that come with the site plan? Mayor: The road improvements will be in the site plan, I would assume. In fact, I'm not sure there's going to be any more road improvements. Amey Road has been improved and I don't think, probably.in Phase II or ~ there will be any road improvements. Councilor Kilmurray: But would0't it really come with the site plan review? Mayor: The road' improvements would. Councilor Kilmurray: All of that would? Is that fight? Mayor: Road improvements and those kinds of things would be in the site plan? Councilor Kilmurray: When someone does a site plan with curb, gutter, roads, you know, traffic flow, all that comes with that? Community Development Director Goeekritz: That's part of the site plan review on the site. And some of that's already done. Mayor: That's her question. Not necessarily site specific. The motion, though, is not to discuss what we're doln8, the motion is to talce that requirement out of there and the hour is getting late and I don't want to beat this transportation thing to death. Councilor Bjelland: No, but this is a very important issue that involves many, many dollars and I want to make sure that we're not putting ourselves into a corner because we're not addressing needed improvements because of phases II and III. Mayor: Your statement has been noted, Councilor. Page 9 - Excerpt of May 10, 1999 Council IVfmutes 10A IOA Councilor Sifuentez: Councilor, did you hear him? Mayor: Yes, she did. And we discussed all of this, we've beat it to death as far as I'm concerned. Councilor Bjelland: No, it's a completely different issue than what I was discussing prior, which is at what point in time do we take into account the traffic impact analysis? Mayor: I don't think that has any bearing on the, it's not germane to this particular motion, I don't believe. It's germane when they bring the site plan in, I think. That's the ruling of the chair anyway, unless someone disputes it. Councilor Bjelland: That's what I want to find out is when is it germane - that's exactly my question. Mayor: It's not germane at this point. ddCnuncilor ofmotion was that additional traffic impact would be Figley: The whole point my any e at the site plan stage, if necessary. Mayor: We're not puffing that on there as a condition, no. The motion says to remove condition 1, okay. And I want to get a vote on this thing. I want to quit beating it to death. Councilor Pugh: I would call for the question. Mayor: Question has been called for. Mary would you please call the roll? Pugh - Aye Figley - Aye Kilmurray - Aye Bjelland - Nay, because I don't feel we covered some items that need to be covered Sifuentez - Aye Chadwick - Aye Mayor: I declare the motion passed. Let the record show that we had one negative vote. Page 10 - Excerpt of May 10, 1999 Council Minutes 10A COUNCIL BILL NO. 1977 ORDINANCE NO. AN ORDINANCE APPROVING ANNEXATION 98-05; COMPREHENSIVE PLAN MAP AMENDMENT 98-02; ZONE MAP AMENDMENT 98-04; FOR THE CONSTRUCTION OF PHASES H AND III OF A FACTORY OUTLET CENTER; ATTACHING CERTAIN CONDITIONS THERETO; AND DECI~G AN EMERGENCY. WHEREAS, the Woodbum Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodbum's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case 95-03, Comprehensive Plan Map 98-02, and Zone Map Amendment 95-04, and considered all public testimony previously presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The land use applications before the City Council are as follows: Bo Co A request for annexation to the City of Woodburn of Tax Lot 101 consisting of 8.0 acres that is within the Woodbum Urban Growth Boundary. A Comprehensive Plan Amendment from "High Density Residential" to "Commercial" on Tax Lot 101. A Zoning Map Amendment in conformance with the Woodbum Comprehensive Plan Map designation from Urban Transition Farm to Commercial Retail. Section 2. Woodbum, LLC. The applicant and owner of the Tax Lot 101 is Craig Realty Group - Section 3. The property which is subject to the land use applications is Tax Lot 101, which is legally described in Attachment "A". Section 4. The property legally described in Attachment "A' is annexed to the City of Woodburn, based upon the findings and conclusions contained in Attachment "B." Section 5. That the Comprehensive Plan Map amendment from "High Density Residential" to "Commercial" and a Zoning Map Amendment from Urban Transition Farm ("UTF") to Commercial Retail ("CR") in conformance with the Comprehensive Plan Map designation on the Tax Lot 101, which is legally described in Attachment "A", is approved based Page 1 - Council Bill No. Ordinance No. IOA upon the findings and conclusions contained in Attachment "B." Section 6. That the land use approvals herein are subject to the Conditions of Approval contained in Attachment "B", which the City Council finds reasonable. Section 7. 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 the immediately upon passage b: Cou~val by the Mayor. Approved as to form~,~,~~'~ e.-~... ~ City Attorney Date APPROVED:. RICHARD IENNINGS, 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 2 - Council Bill No. Ordinance No. PACIFIC EXHIBIT /'/IT Page ..~ of IOA 8405 $.W Nimbus Avenue Beavtrqon, OR 9J008-7120 A TRACT OF LAND LOCATED IN THE WILI.IAM DARST DONATION LAND CLAIM NUMBER 60, IN SECTION 12 OF ToWNSHIP 5 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MF. KIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NOKTHEAST CORNER OF THAT TKAC'r CONVEYED TO RAY STAMPLEY IR. AND CECILIA M. STAMPLEY BY DEED RECORDED ON MAY 19, 1977 ON REEL NUMBEK 81, Olq PAGE 1629 OF THE MARION COUlqTY DEED RECORDS. SAID POINT BEING AT THE INTERSECTION OF Tt-IE NOKTH LINE OF SAID STAMPLEY TRACT AND THE WEST RIGHT-OF-WAY LINE OF AR-,X,IE¥ KOAD (COUNTY KOAD NUMBER 511, 30 FEET IN WIDTH); THENCE SOUTH 08°32"29' WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF ARNEW ROAD, 623.94 FR~.T; THENCE ~ .FAVING SAID RIGHT-OF-WAY LINE, NORTH $9°23'14" WEST ALONG THE SOUTH LINE OF SAID STAMPLEY TRACT 711.27 FEET; THENCE LEAVINO SAID SOUTH LllqE NOKTH 40° 55'23." EAST, ~05.17 FEET; THENCE NOKTH 14'44'51" EAST 397.53 FEET TO THE NOKTH LINE OF SAID STAMPLEY TRACT; TtIElqCE soLrrH 89°06'00" EAST ALONG SAID NORTH LINE, 500.90 FEET TO THE POIlqT OF BEG~G. SAID TRACT CONTAINS 8.00 ACRES MORE OR LESS. PROFESSIONAL _LA_NO SU_RVE¥0 / JULY 25, 1095 l WILUAM L FARRIER .I '~.___ _ 2717 E:W Page / of ~ 4 10A BEFORE THE CITY COUNCIL FOR THE CITY OF WOODBURN, OREGON In the Matter of a Request to approve an Annexation of approximately 8.0 acres within the Woodbum Urban Growth Boundary, to Approve a Comprehensive Plan Map Amendment from "High Density Residential" to "Commercial" on 8.0 acres and to Approve a Zoning Map Amendment in Conformance with the Woodburn Comprehensive Plan Map Designation of "Commercial" on 8.0 acres from "Urban Transition Farm" to "Commercial Retail" FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF WOODBURN FILE NOS. ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND ZONING MAP AMENDMF2~T 98-04 I. APPLICATION INFORMATION. he Auulication Description. This application includes three (3) requests: (1) An annexation of Tax Lot 101 consisting of 8.0 acres that is within the Woodburn Urban Growth Boundary ('UOB"). (2) A request for an amendment to the Woodbum Comprehensive Plan map from "High Density Residential" to "Commercial" on Tax Lot 101 O) A zoning map amendment in conformance with the requested Woodbum Comprehensive Plan map designation from "Urban Transition Farm" to "Commercial Retail" B. Site Descriotion. This site is located northwest of the intersection of State Highway 214/219 and Interstate Highway 5. The application affects one lot of record, Tax Lot 101. This site is fiat with relatively little elevation change. Vcgctation on thc site consists of native grass. Two drainage swales exist on the property. Adjacent to the site on the south and east is the area of Woodburn Company Stores Phase I approved in 1998. Tax Lot 101 will accommodate Woodburn Company Stores, Phases H and HI. Page 1 - Findings and Conclusions EXHIBIT /~ Page ,--~ of .~ Ce Ad_iacent and On-Site _land Use. Comprehensive Plan Map and Zonim~ Mao Desimmtions and Utilities. Adjacent Comprehensive Plan Man Designations. Woodbum Company Stores Phase I to the south and east is designated "Commercial" on the Woodbum Comprehensive Plan ('Plan") map. To the north of this site is the Urban Growth Boundary which is designated Exclusive Farm Use ('EFU') on the Marion County Comprehensive Plan map. Land directly to the west of Tax Lot 101 is within the City's Urban Growth Boundary and is designated 'High Density Residential" on the City's Plan map. (2) Adjacent Zoning Map Designations. Adjacent property inside the City is zoned CR. Adjacent property outside of the City but within the UGB is zoned UTF. Adjacent property outside of the UGB is zoned EFU. (3) ! ~r~d Use on Adincent Properties. The property to the north in Marion County is in farm use. The property to the east within the Urban Growth Boundary contains a single-family residence. The property to the south and east within the City limits is under development as Phase I of Woodbum Company Stores. (4) On-Site Land Use. Tax Lot 101 is vacant. 10A (5) Utilities. Public utilities (water, sanitary sewer and storm drainage) are available to the site's boundaries. There will be no difficulty in connecting these existing public utilities and providing public utilities to the site. The applicant is responsible for all on-site public facility improvements. The City of Woodburn ("City") found in 1992 and 1998 that it had sufficient water, sanitary sewer and storm drainage capacity to serve the Phase I retail development. H. PROCEDURAL tILqTORY. The Applicant submitted this application on September 18, 1998. After timely notice of a public hearing as required by the Woodbum Zoning Ordinance, the Woodbum Planning Commission heard the application at a public hearing on February 11, 1999. No party requested that the hearing be continued or that the record remain open. The Planning Page 2 - Findings and Conclusions 10 A Page ~ Commission tentatively approved the application at the conclusion of the public hearing. The Planning Commission adopted a final order recommending that the Woodburn City Council approve the application on February 25, 1999. The City of Woodburn provided timely notice of the City Council's hearing on May 10, 1999. The City had previously provided the required 45-day written notice to the Oregon Department of Land Conservation and Development for this post-acknowledgment amendment. The mayor opened the public hearing and read the announcements required by ORS 197.763(5). No party objected to the City Council's jurisdiction. The City Council heard testimony from the applicant and the Oregon Department of Transportation. ODOT requested that the record remain open. However, the City Council chose not to keep the record open pursuant to ORS 197.763(4)Co). This section provides "if additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond." The City Council finds that this statute provides it with the discretion as to whether to keep the record open. In this case, the application has not changed since the February 11, 1999 Planning Commission hearing and ODOT had the opportunity to place a letter into the record concerning the application. Moreover, ODOT did not object to the City Council's denial of its request that the record remain open. The City Council also notes that ODOT did not request an opportunity to rebut any additional evidence presented at the hearing but had a full and fair opportunity to make its case during its testimony. The City Council placed no time limits on ODOT's testimony. The mayor closed the public hearing. The City Council tentatively approved the application with a motion by Councilor Figley seconded by Councilor Pugh on a vote of 5-1 (Councilor Bjelland opposed). The City Council directed the applicant's attorney to prepare findings for review by the City Attorney and adoption by the City Council at its meeting on June 14, 1999. The City Council also expressly rejected, as explained below, a condition of approval requiring deferral of transportation analysis until the site development review stage. HI. APPLICABLE APPROVAL CRITERIA. The City Council herein adopts these findings approving this application. The City Council expressly incorporates by reference the timings as to the applicable approval criteria contained in the applicant's submittal dated September 18, 1998. Where there is a conffict between these findings and that submittal, these findings shall control. Page 3 - Findings and Conclusions EXHIBIT, ~2 Page ~/ of ~'~ A. Annexation. (1) Relev_n_nt_ Ao_oroval Criteria. a. Statewide plnnnln_~ Goats ("Goals"). (i) Goal 1. "Citizen Involvement." "To develop a citizen involvement program and insures the opportunity for citizens to be involved in all phases of the planning process." The City of Woodburn has established a land use notification and hearings procedures to assure citizen involvement. (ii) G-oaJ 2. "l~nnd Use Planninl~." "To establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and to assure an adequate factual base for such decisions and actions." 10A This Goal requires that the City coordinate Plan amendments, including annexations, with affected governmental units. The City has coordinated this application with Marion County, the Oregon Department of Transportation ("ODOT"), and the Department Land Conservation and Development ("DLCD"). Goal 5. "Natural Resources. Scenic and Historic Areas. and _Open Spaces." "To protect natural resources and conserve scenic and historic areas and open spaces." FINDING: No Goal 5 resource exists on Tax Lot 101. (iv) ~oal 6. "Air. Water and Land Resources Ouality_." Page 4 - Findings and Conclusions EXHIBIT ~'~' Page ,'ff of ,-~,'fi IOA "To maintain and improve the quality of the air, water and land resources of the state." State agencies play a key role in achieving this goal. At the time of development, the Department of Environmental Quality ("DEQ") is responsible for administering permits for drainage and for air Quality ("DF, Q") with respect to large parking facilities. The Division of State Lands ("DSL") is responsible for administering wetlands. (v) Goal 7. "Am_a~ Subject to Natural Disasters and "To protect life and property from natural FINDING: There are no hazards associated with the subject property. (vi) Caoal 8. 'Recreational Needs." 'To satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts." The Subject property has not been identified by the City as a potential park site for any type of recreational facility. (vii) Goal 9. "Economic Development." "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." Page 5 - Findings and Conclusions EXHIBIT ["~' Page ~--of ,~ ,~ - IOA The subject property provides the opportunity to reinforce the activity of the existing factory outlet center. There is no other site in the Urban Growth Area with the same locational characteristics. The opportunity for expansion of the factory outlet center to an abutting parcel will better serve the existing market area and expand the market area, thereby creating more jobs and local payrolls. (viii) Ooal 10. "Housing." "To provide for the housing needs of citizens of the state." The City of Woodburn has provided for a variety of housing types and densities in its Plan and implementing ordinances, consistent with the Guidelines for implementing Goal 9. The available inventory of residential land within the UGB exceeds the amount needed to serve future population needs. As documented on page 39 of the Plan, there is sufficient land designated for residential use in the Plan to accommodate a population of 28,000, plus a surplus that includes at~'o~y 100 acres of both the Low Density and High Density Plan designations. This analysis is based on the carrying .capacity of the two (2) residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is six (6) dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of twelve (12) dwelling units per gross acre, where the corresponding zoning allows densities ranging up to twenty-five (25) dwelling units per gross acre. (ix) Ooal 11. "Public Facilities and Services." "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. (x) Ooal 12. "Tran ~s~ortation." Page 6 - Findings and Conclusions EXHIBIT /~ Page ~ of '-~ ~ "To provide and encourage a safe, convenient and economic transportation system." 10A This Goal is implemented by the Transportation Planning Rule ("TPR"). The City of Woodburn has implemented the Goal 12 and the TPR through the adoption of an acknowledged Transportation System Plan ("TSP") in 1996, Ordinance 2170. The TSP accounts for the development of all the land within the Urban Growth Boundary as provided for the Woodburn Comprehensive Plan. The TSP fulfills the Goal 12 through facility plans for streets, bicycles, pedestrians, and transit; implementation priorities and a financing program. The City has established a TSP that reflects the annexation and urbanization of the subject property. Additional findings demonstrating compliance with the TPR are found below. (xi) Goal 13. "Enem_y Conservation." "To conserve energy. The development of the subject property will assist in conserving the energy used for shopping by encouraging one stop shopping due to the aggregation of a wide range of goods at a single location. The buildings in the center will all conform with required energy conservation codes. (xii) Goal 14. "Urbanization." "To provide for an orderly and efficient transition from rural to urban land use." Goal 14 provides' for an orderly and efficient transition from rural to urban land use. Tax Lot 101 is "urbanizable" and not "rural" since it is within the Urban Growth Boundary. Urbanizable lands are defined as lands with the UGB which are determined to be necessary and suitable for future urban uses, can be served by urban services and facilities and are needed for the expansion of an urban area. The 8.0 acre annexation is an appropriate parcel to be included within the City. Since the property abuts the existing factory outlet center, it is a logical location for expansion of the center. The public need for this particular land use at this particular location was documented Page 7 - Findings and Conclusions XHfB, IOA Page ~ of ~ ~L in the City's 1992 and 1998 annexation land use approvals of the factory outlet center. As a facility with a regional market area, the annexation provides the opportunity for the factory outlet center to increase its market penetration by expanding in a location that has previously been selected and improved for the purpose. The annexation fulfills the City's need to grow incrementally and to provide for mutually supporting uses. (xiii) (joals 3.4.15 and 16 through 19. The following goals are inapplicable to this proposal: Goal 3, Agricultural Lands; Goal 4, Forest Lands; Goal 15, Willamette River Greenway; and Goals 16 through 19, the Coastal Goals. b. Woodbum Comprehensive Plan. (i) Commercial Development Policies ~LP_gJiI~. The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/219/99E four comers intersection area. No new areas should be established. Plan page 14 identifies the special market area considerations for commercial uses at this location: "This area serves as an interstate service center. It is a freeway oriented service center. This area also has a more regional retail orientation than the rest of Woodbum." Consequently, the need for commercial land in this area is independent of other commercial sites in the City. There arc no comparable sites in the area available for commercial use. The proposed (a factory outlet center) use can only be served at the proposed location. A factory outlet center is appropriately located at this location because of its location relative to transportation facilities ~. Lands for high traffic generating uses (shopping centers, malls, restaurants, etc) should be located on well improved arterials. The use should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. Page 8 - Findings and Conclusions EXHIBIT ~. Page This Plan policy is advisory rather than mandatory because it uses the word should. The subject property is located on Amey Road, which is ciassified as a "Service Collector." Arney Road has been improved to essentially the same standards as a "Minor Arterial," except that the turn refuge lane is two (2) feet narrower. Arncy Road has direct access to Highway 214, which is classified as a "Major Arterial." The appropriate traffic control requirements along Arney Road have been identified as part of the traffic impact analysis. (ii) Annexation Policies plan Policy D-1. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land from being included in the city limits as this leads to inefficient, sprawling development. The City should ensure that there is a five (5) year supply of vacant land within the City. Services should be provided to the land during the five (5) year period. As found in Commercial Development Policy (V.D.I.a. above), thc I-5 Interchange location of the subject property has special, regional market characteristics and therefore is not directly competitive with other commercial sites within Woodburn. In addition there is virtually no other vacant commercial land available at the in~rchange at present. Therefore the subject property satisfies this policy. plan Policy D-2. Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the city west of Interstate 5, a detailed Transportation Impact Study with the Department of Transportation involvement will be required. This process allows the City to condition development with transportation improvement requirements that are "roughly proportional" to the traffic impacts that are generated by the development. In this instance an impact study is required by the Plan. This policy is satisfied because the applicant has submitted a traffic impact study and the study has been coordinated with ODOT. Plan Policy M-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. IOA Page 9 - Findings and Conclusions EXHIBIT Page /o . of .~,~ - Thc urban growth area has been identified by thc City as urbanizable and is considered to be available, over time, for urban development. Based on thc on-going needs of thc community to accommodate growth and the specific commitment to construct Phase I of the factory outlet center, it is timely to allow urbanization of the subject property. Plan Policy M-6. Upon receipt of an annexation request or the initiation of annexation proceedings by the City, thc City shall forward information regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. The City notified Marion County of the proposed annexation by letter in November 1998. The County Public Works Depamuent responded December 13, 1998 for the Land Use and Transportation Divisions. The comments indicated the need for a copy of the Transportation Impact Analysis for Woodbum Company Stores Phases H & HI, dated December 1998 which was subsequently provided. In addition the County requested a site plan addressing access, including the abutting property to the west of the subject property. Plan Policy M-7. All land use actions within thc urban growth boundary and outside the city limits shall be consistent with the City's Comprehensive Plan and County's land use regulations. Thc proposed annexation is consistent with thc Plan because it is a proposal to permit the urbanization of the subject property, subject to a concurrent Plan map amendment. There are no County regulations that preclude the proposed annexation. plan Policy M-Il. Conversion of land within the boundary to urban uses be based on consideration of [the following five (5) factors]: Orderly, economic provision of public facilities and services; IOA Page 10 - Findings and Conclusions Pagb. ~ ....Of ~-o~ All the public facilities necessary to develop the abutting property for the same use have been provided. Access to these public facilities therefore only requires minor extensions. be Availability of sufficient land for the various uses to ensure choices in the marketplace; IOA The proposed annexation is required to provide the opportunity for future expansion of a specific regional commercial use in the only site within the City that is appropriate. c. LCDC Goals; FINDING: The LCDC Statewide Goals are addressed above. d. Encouragement of iii-filling development within developed areas before conversion of urbanizable areas; and FINDING: As a site to expand a specific existing use there are no in-fill locations that are suitable for this purpose. Applicable provision of the Marion County and City comprehensive plans. The proposed annexation is found to be consistent with the applicable portions of the Woodbum Comprehensive Plan as indicated in section V.D. The proposal is consistent with the Marion County Comprehensive Plan in that the County Plan establishes the Urban Growth Boundary as the area specifically set aside for urbanization after annexation to the City. d. Transportation System Plan · Functional Classification of Streets. Page 11 - Findings and Conclusions EXHIBIT Page ? ~-- of ~ The proposed Plan amendment does not warrant any change in the functional classification of streets as shown on TSP Figure 29. TSP Figure 29 indicates a potential street connection along the north boundary of the subject property. Marion County has also indicated this need (Attachment A). The appropriate facility to fulfill this need will be addressed at the time of site plan review for Phases II and III. Improvement Projects. Development of a commercial use will cause the need for transportation facility improvements as described in the TIA. These improvements are consistent with those described in the TSP. B. Comprehensive Plan Map Amendment (1) l~3lillll~. The proposal is to change the Plan map designation for this site from 'High Density Residential' to 'Commercial.' (2) Relevsnt Apuroval Criteria. a. Plan Amendment Criteria, Woodbum Zoning Ordinance, Section 16.050: 'a. Compliance with Statewide Goals. %. Compliance with Woodburn Comprehensive Plan Goals and Policies' 'c. Demonstrated Public Need for the Plan Map Amendment. 'd. Pro sal Best Satisfie thc N xl. b. Burden of Proof, Woodburn Zoning Ordinance, Section 16.080(b) 10A Page 12 - Findings and Conclusions ~omgllance ~ Statewide pl~nnin~ Coals. The findings regarding compliance with applicable statewide planning goals are found above and are expressly incorporated herein by reference. · Compliance Wi_!.h Woodburn Comprehensive Plan Goals and Policies. The findings regarding compliance with applicable Woodburn Comprehensive Plan Goals and Policies are found above and are expressly incorporated herein by reference. Demonstrated Public Need for the P!_an Ma0 Amendment. The proposed change in the Plan map from "High Density Residential" fulfills a demonstrated public need. It represents a change from the way the Plan was originally mapped but was accounted for in the goals and policies of Plan. Consistency with the intent of the Plan demonstrates that the public need is served by the change. As time passes, there is a public need to weigh issues and opportunities and recognize that incremental changes to the Plan map benefit the community. In this instance, there is demonstrated public need to accommodate an opportunity to strengthen the economy, consistent with Goal 9. Goal 9 states that the Plan shall provide for at least an adequate supply of sites of suitable sizes, types, location and service levels for a variety of commercial uses consistent with plan policies. Currently the Plan is lacking a adequate supply of suitably located pwperty that can be used to bolster the regional shopping function at the Woodburn Interchange. The subject change is needed to achieve the full potential of the interchange, particularly the existing factory outlet center. The public need is served by expanded employment opportunities and desirable mix of land uses for a freestanding community. The Statewide Guidelines for Economic Development address the public's need to accommodate expansion of commercial use. The Statewide Guidelines state that: "Plans should strongly emphasize the expansion of and increased productivity from existing firms as a means to strengthen local and regional economic development". The subject change in the Plan designation is needed to be consistent with this guideline. The Plan change augments the supply of suitable sites. The proposal is the only available site that not only accounts for market forces, market location, and key public facilities, but that is readily adaptable to expansion of the existing mall layout. The, proposal maximizes the use of the existing facilities and the location advantages provided by freeway visibility and access and complementary commercial uses. IOA Page 13 - Findings and Conclusions ~(HIBIT The proposal is consistent with the Woodburn commercial land use policies. Part of the public need is to exercise the Plan in away that recognizes change and positive growth opportunities that build a strong, liveable community. The proposal is consistent with the Plan. This consistency is demonstrated in section V.D. above. Key considerations in reviewing the need for the change include the fact that it concentrates commercial activity in a priority commercial area. Concentrating commercial provides the benefit of cumulative aRmction which in mm enhances market share and reduces overall shopping trips. And significantly, the map change takes advantage of existing public and private investment. · Proems_ ! Best Satisfies the Need. The need for additional commercial land to support the expansion of the existing factory outlet center is best served by this property. This reinforces the policy of concentrating commercial development. It strengthens the shopping pattern for existing commercial uses and avoids the proliferation of commercial uses in a dispersed pattern that lacks the mutual support of like uses. In this specific instance a commitment has already been made in this location to establish a special shopping area that serves a regional market area. This is the only location in Woodbum that has the visibility, the access and an existing commercial use of this type. The subject property is the only site within the community that can accommodate the expansion of the existing factory outlet center. The previous actions by the City in 1992 and 1998 clearly have set the stage that there is a community need for this type of commercial use. Based on the public and private commitments and investments, the location characteristics and the conformance with commercial land use policy the subject property best satisfies the need for the expansion of the factory outlet center. · llurden of Proof. (I) first criterion is to prove that the original Plan was in error. Conditions have changed since the Comprehensive Plan was originally drafted and first adopted in 1978. In that context there are errors in the forecasts as well as the assumptions about the composition of uses in land use categories. Such errors reflect changes in circumstance that warrant amending the Plan map. IOA Page 14 - Findings and Conclusions (ii) EXHIBIT _ /~ Page /6 offS', The second criterion requires showing how the community has changed since the original Plan was adopted The 1992 and 1998 decisions to approve the site for the retail center found that the actual population growth in Woodburn substantially exceeded the population forecast used to formulate the original Plan. This increased rate of population is found to demonstrate a change for the predicted patterns of growth since those apparent when the Plan was adopted. The findings of the previous decision also describe how multi-family land needs were over estimated in the original plan and that the interchange location is a less than optimum location for a large concentration of mUlti-family residential use. Present circumstances confirm that finding. In addition, the exposure and access provided by the interchange location has resulted in the development of the facWry outlet retail center, a use which has a regional market. Commercial development with a regional market was not anticipated or acco~ for in the original plan. The commercial activity with this broad market does not supplant local commercial uses but rather adds to the eommerdal land needs of the City. ('tu) The ordinance provides the alternative to address either the second or third criterion. Having addre&sed the second criterion, above there is no requirement to address the third criterion. C. Zonln~ ]Vla~ ~men_dment, (1) Relevant Aporoval Criteria. Initiation of a Zone Change by Petition, Woodbum Zoning Ordinance, Section 15.030 · Burden of Proof, Woodburn Zoning Ordinance, Section 16.080(b) · Woodbum Comprehensive Plan Goals and Policies (2) Woodburn Comprehensive Plan Coals and Policies. Findings on these criteria are addressed in above, and are incorporation herein by reference. The City Council finds that the Commercial Plan map designations implemented by the CR zoning district. IOA Page 15 - Findings and Conclusions EXHIBIT ~ Page ~ of '--~ D. Response to Issues Rai.sed by the Ore~on Devartment of Transportation. The Oregon Department of Transportation ("ODOT") submitted two letters into the record dated February 4, 1999 and May 5, 1999. The May 5, 1999 letter states that it is intended to update comments contained in the February 4, 1999 letter. This portion of the decision responds to issues raised by ODOT. As noted with respect to Goal 2, the City is required to give notice of this application to ODOT, to allow ODOT an opportunity to comment on the application and to consider the comments as much as possible. The City is not required, however, to agree with ODOT's comments or to adopt them. (1) The City Council finds that the I-5/I-Iighway 214/219 Interchange will be improved with sufficient capacity consistent with the adopted City of Woodbum Transportation System Plan ("TSP"). ODOT argues that the applicant's transportation impact study ("TIS') is flawed because it is: "Based on the assumption that a major improvement to the I-5 Interchange will be completed. Such an improvement is not, however, included in the City's TSP or the Woodbum Compreh~sive Plan. In fact, the TSP contains Goal 2, Policy 2, which sates: 'Develop a strategy for providing, improved access to 1-5 from the Woodbum area, through either improvements of the existing Highway 214 Interchange and/or a new interchange in the Woodburn vicinity (with supporting local roadway improvements). This strategy will be developed following a refinement study as outlined in the Transportation Planning Rule." The City Council finds that the applicant has satisfied OAR 660-12-060(1) requiring that it demonstrate the application will not "significantly affect" a transportation facility. Further, the administrative rule provides that the City may approve the application subject to conditions of approval which mitigate a significant affect. OAR 660-12-060(1)(b). The City Council finds that the applicant's TIS demonstrates that the application will not have a significant affect on the transportation facility identified as the I- 5/Highway 214/219 Interchange. Table 4 of the TIS prepared by Kittelson & Associates, Inc. ("KAI") shows that in the year 2001, I-5 will operate during a Friday p.m. peak hour at level of service ("LOS") "C" or better, with minor improvements. TIS at pages 24-25. TIS Table 5 shows that in the year 2003, the interchange will operate at LOS "D" or better. The City Council finds nothing in the TPR requires it to look at the year 2015. In order to determine whether the application has a present significant affect on the application, the City IOA Page 16 - Findings and Conclusions EXHIBIT., page ~ '- Council finds that Tables 4 and 5 demonstrate that the application will cause the interchange to operate at acceptable LOS through at least the next four (4) years. The City Council finds that, alternatively, even if it is required to examine the impact of this application on thc transportation facility in thc year 2015, it will still not have a significant affect as that term is used in thc TPR. In the 1998 decision, the City Council interpreted its TSP, adopted in 1996, as satisfying this provision of the administrative role. In the whereas clauses adopted by the City Council for thc TSP, a number of findings demonstrate that the TSP was intended to satisfy the capacity requirements of the TPR at this interchange. The City Council notes that neither ODOT nor the Oregon Department of Land Conservation and Development ("DLCD") appealed the City Council's adoption of its TSP. One whereas clause adopted by the City Council for the TSP found: "The City Council finds that the transportation system plan adopted herein complies with OAR 660-12-060(1)Co) for the affected transportation facilities, including but not limited to the Highway 214fi-5 Interchange/Parr Road area." Further, incorporated in the staff report for the TSP were several findings relevant to the TPR. The City Council adopted findings regarding OAR 660-12-025(1). This section of the TPR provides 'except as provided in Section (3) in this rule, adoption of a TSP shall constitute the land use decision regarding the need for transportation facilities, services and major improvements in their function, mode and general location.' Significantly, this section of the TPR means that once adopted, the TSP is the City's final land use decision on the need for transportation improvements and how those transportation improvements satisfy and identify transportation needs. An unappealed TSP may not be collaterally challenged later. Thus, the City Council finds that its TSP findings are conclusive and support the determination that this application satisfies OAR 660-12-060(1)(b). Additionally, the City Council found that the TSP satisfied OAR 660-12-030. The City Council found: "The TSP identifies the City's transportation needs including those of the transportation disadvantaged, and support of industrial and commercial development. These needs were based on a 20-year forecast in population and employment within the acknowledged comprehensive plan." Further, the City Council adopted timings regarding OAR 660-12-060(1). The City Council found: 10A Page 17 - Findings and Conclusions Page Jc~ of ~? "That the transportation system plan adopted here complies with OAR 660-12-060(1)~) for the affected transportation facility, including but not limited to the Highway 214/I-5 Interchange/Parr Road area." The TSP adopted by the City Council adopted three (3) I-5 access alternatives (see TSP at page 1). The TSP sates: "An element of the TSP is an improvement to existing I-5/214 Interchange" and "a reconfigurafion of the interchanges proposed," ffSP at page 89.) The City Council also notes that Table 6 (TSP at page 41) shows that at least one of the options (the two interchange options) would result in LOS "D" or better in the year 2015. The TSP contains a section entitled "Required Street Upgrades." The portion of this section dealing with freeways sates: "In the longer-term, reconfigurafion of the interchange is proposed. A specific improvement (improve existing inmrehange, split diamond interchange or second in~rchange at Butteville Road) will be identified through a follow-up interchange refinement study of the TSP." (TSP at page 89.) The City Council finds that while it has not completed the refinement study, it is unnecessary to so in order for it to determine that OAR 660-12-060(1)C0) is satisfied. The TSP is conclusive that a solution to the long-term capacity needs of the interchange will be provided. In fact, the TSP transportation financing plan contains a roadway system capacity improvement for the I-5 interchange. (~ TSP at page 115; Table 17.) Thus, not only has the City Council determined to improve the in~rchange, it has provided for the improvement in its long-term financing plan. The City Council finds that it need not complete the refinement study prior to this application. Because the TSP is part of the City's acknowledged plan and because the TSP identifies th. at a solution will be identified, the TSP has determined that the in~rchange will be upgraded. Had ODOT not believed that this satisfied OAR 660-12-060(1)Co), it would have appealed the TSP decision but it did not. Thus, the City Council finds that the TSP satisfies this requirement. The City Council also interprets Goal 2, Policy 2. The City Council finds that this policy is irrelevant to the capacity of the interchange. This policy provides for providing improved access to 1-5, not improved capacity. Moreover, even if Goal 2, Policy 2 were concerned with the capacity of the I-5 interchange, it simply concludes that the strategy will be developed following a refinement study as outlined in the TPR. OAR 660-12-025(3)(c) says that deferral of a solution to a refinement plan is allowed if it does not invalidate the TSP. In this case, the refinement plan carries out the TSP's acknowledged strategies without invalidating them. For these reasons, the City Council finds that the lack of refinement study is not an impediment to a conclusion Page 18 - Findings and Conclusions IOA L~-XHiBi'r /~ Page /~,,, of ._~a.~- that the I-5 has sufficient capacity in the short term, as required by the TPR, and in the long term sufficient capacity will be provided through a solution identified in a refinement study. The Planning Commission recommended to the City Council that an analysis of traffic impacts be deferred to the site development review stage. The City Council does not agree with this recommendation for the following reasons. First, the City Council finds that it is required to decide now whether these applications satisfy applicable Woodbum Comprehensive Plan policies and OAR 660-12460(1)(1>). Secondly, the City Council notes that the applicable Woodburn Zoning Ordinance criteria for site development review approval does not contain off-site traffic impact criteria. Finally, the applicant has committed to make substantial improvements to the surrounding city and state transportation facilities. Therefore, the City Council finds that it will not adopt a condition of approval requiring the traffic impact analysis be deferred to a later stage. (2) The City Council finds that KAI's TIS correctly analyzes the level of service. IOA ODOT argued that the TIS does not adequately analyze the plan amendment impacts. ODOT requested that the TIS be revised to reflect a "worst case analysis,' meaning an analysis of the highest traffic generating land use permitted in the commercial retail ("CR") zoning .district. The City Council finds that this issue is not required to be reached because a condition of approval requires that the site be limited to a factory outlet center. This is consistent with the City Council's 1992 and 1998 decisions regarding Phase I of the Woodburn Company Stores. Thus, a worst case scenario for the highest traffic generator in the CR zoning district is unnecessary since, in the event the Woodburn Company Stores Phase H and HI is not constructed, the property owner will be required to amend this condition of approval which will require an amendment to this decision. 0) OAR 660-12-045 is or can be satisfied. ODOT argues that because the City of Woodburn has not implemented the requirements of OAR 660-12-055(2), that it must address the applicable provisions of OAR 660-12-045(3),(4)(a)-(e) and (5)(d). The City Council agrees with ODOT. · oAR 660-12-0~50)(a). This section requires bicycle parking facilities as part of new retail developments. The City Council finds that it is feasible, at the site development review stage, for the application to provide bicycle parking given the size of the facility (8.0 acres). The finding of feasibility is based on the similar Phase I development. Page 19 - Findings and Conclusions I:-'XHIB F~' OAR 660-12-045(3)(b). This criterion requires on-site facilities accommodating safe and convenient pedestrian and bicycle access within new shopping centers to adjacent residential areas and transit stops. It also requires that pedestrian circulation through parking lots generally be provided in the form of access ways. The City Council finds that it is feasible to satisfy this requirement. As with bicycle parking facilities, Phase I of the Woodburn Company Stores has demonstrated that it is feasible to meet both of these requirements. Therefore, the City Council finds that this criterion can be satisfied. · OAR 660-12-045(3)(c). The City Council finds that it is feasible to require off-site road improvements that would include facilities accommodating convenient pedestrian and bicycle travel. The City Council has required the applicant, in the approval of Phase I of Woodburn Company Stores, to provide a bicycle lane and sidewalks along Arney Road. · OAR 660-12-045(3)(e). This criterion requires that internal pedestrian circulation within commercial developments be provided through the location of buildings, construction of accessways, walk-ways and similar techniques. The City Council finds that because the applicant satisfied this requirement in Phase I, it is feasible to satisfy this requirement in Phases II and III. · OAR 660-12-045(4)(a). The City Council finds that it is feasible to require this applicant to provide transit facilities designed to support transit use through the provision of bus stops, pullouts and shelters, optimum road geometries, on-road parking restrictions and similar facilities as appropriate. · OAR 660-12-045(4)(b). This criterion requires that retail development at or near major transit stops provide for convenient pedestrian access to the transit stop. The City Council finds that there is no major transit stop as that term is defined near this site. · OAR 660-12-045(4)(c). The City Council finds that this criterion is inapplicable since a pedestrian district has not been established in this area. Page 20 - Findings and Conclusions 10A OAR 6( -12-045(4)(d). L~-XHIBIT ~ Page- --~ / of The City Council finds that.it is feasible to require employee parking in Phases H and III to provide for preferential car pool and van pool parking. The City Council makes this finding based on its approval of Phase I. · OAR 660-12-045(4)(e). This criterion is inapplicable since it applies to existing development. · OAR 660-12-045(5)(d). The City Council finds that it is feasible to satisfy this criterion by providing a transit stop along Arney Road or providing a connection to a transit stop if the transit operator requires such an improvement. The City Council makes this finding based on its approval of Phase I of Woodbum Company Stores. For these reasons, the City Council finds that the issues raised by ODOT have been satisfied and are not a basis for denial of this application. Ee ~po~ nse to issues raised by De__nartmant of land Conservation and Develoom~nt in March 22. 1999 Letter. (D Statewide lqnnnln? C~a] 10. "Housln_~". Is Satisfied. DLCD argues that the City must adopt an updated buildable lands needs analysis to satisfy Goal 10. Only at that point, DLCD suggests, is it possible for the City to assess whether conversion of 8.0 acres from a multi-family designation to a commercial designation satisfies Goal 10. The City Council rejects this argument. This application is subject to compliance with the Goals and the acknowledged Plan. ORS 197.175(2). Goal 10 simply requires the City to provide for housing needs. The City has done this. The findings at the outset of this decision state the housing needs of the City of Woodbum have been satisfied through the year 2014. Thc acknowledged Plan states that there are 688 acres of high density residential designation. Of this, 57 acres are undeveloped and 188 acres are underdeveloped. (Plan at pages 15 and 16.) The Plan further notes that thc City has 238 surplus acres designated for multi-family land uses. (Plan at page 38.) This allows, at 12 dwelling units per acre, an additional 2,353 dwelling units..(Id,) Table 9 of the Plan at page 39 shows that the City has a surplus of 1,305 multi-family dwelling units through the year 2014. The Council notes that the Plan has recently been amended in March 1996 and in August 1997. IOA Page 21 - Findings and Conclusions EXHIBIT Page '~ IOA Moreover, assuming that this eight (8.0) acres can accommodate twice the 12 dwelling units per acre figure, this area would accommodate 192 dwelling units. Removal of this site from the High Density Residential designation would still leave 1,013 surplus multi-family dwelling units by the year 2014. The City Council finds that the acknowledged Plan's determination of a surplus of multi-family housing units is a sufficient basis for it to determine that this application will allow the City to continue to meet the housing needs of its citizens. There is no legal requirement that the City defer this determination until the periodic review is completed as suggested by DLCD. DLCD's assertion that the City's acknowledged Plan contains an *out- of-date buildable lands inventory* does not mean that the City cannot rely on its acknowledged Plan. (2) Statewide Planning Goal 9 Is Satisfied. DLCD argues that the City must satisfy the administrative rule implementing Statewide Planning Goal 9; OAR Chapter 660, Division 9. The City Council finds that this administrative rule applies only at periodic review. OAR 660-09-10(2). However, assuming that the admires' tmtive rule applies to non-periodic review decisions, the City Council finds, as it did in 1992 and in 1998 that this application satisfies the administrative rule for the following reasons. First, this application results in eight (8.0) acres of commercial development which will increase the City's property tax base. An increased property tax base provides additional revenue to the City. Secondly, an eight (8.0) acre commercial development provides additional jobs for city and area residents. Finally, consistent with the Plan, approval of this application further encourages the development of the I-:5 commercial area. The acknowledged plan has long anticipated that this area will be developed for commercial uses. (3) The City Ha~ Coordinated with ODOT. DLCD and Marion County. DLCD argues that ORS 197.015 provides that a Plan is coordinated when the needs of all levels of government have been considered and accommodated as much as possible. DLCD argues that ODOT's needs have not been satisfied since that agency requested a refinement study. For the reasons described above, the City Council finds that a refinement study is not necessary now. Moreover, the City Council has considered ODOT's request that a refinement study be prepared before this application is approved but has rejected this request as expire'ned above. Nothing requires the City Council to agree with ODOT in order to satisfy its coordination requirement under state law. Finally, DLCD suggests that the City ought to defer this decision until the City's periodic review has been completed. However, nothing in state law requires deferral of an Page 22 - Findings and Conclusions EXHIBIT, _ Page c~._.% of ~-~-~ IOA anneXation, plan map amendment or zoning map amendment for completion of a periodic review work task.~ (4) The Application does not Conflict With Periodic Review. The City Council rejects DLJ2D's argument that the Plan amendment must be deferred until the City has completed its periodic review work tasks. DLCD cites no legal basis for requiring deferral until the periodic review work tasks are satisfied. (53 The City Has Satisfied the 45-Day Post Acknowledgment Amendments. The City mused notice of the February 22, 1999 Planning Commission hearing to be timely mailed prior to that hearing. However, the 'final hearing on adoption" of these amendments was the May 10, 1999 City Council hearing. Thus, both ODOT and DLCD had more than 45 days notice of the City's final hearing on adoption which is required by OAR Chapter 660, Division 18. Moreover, to the extent DLCD's comment raises a procedural error, the City Council finds that the agency's substantial right to a full and fair hearing and an opportunity to mak~ its case have not been prejudiced. ODOT and DLCD placed letters into the record and ODOT's representative'appeared at the May 10, 1999 City Council hearing. Thus, both agencies had a full and fair opportunity to make their case) ~ ODOT and DLCD's comments are directed at the comprehensive plan map amendment and not at the annexation or zoning map amendment. Because ODOT and DLCD have not raised an issue with the respect to the annexation, there would be no basis for the Land Use Board of Appeals to remand or reverse the annexation decision. The City Council finds that ODOT and DLCD raised issues related only to the Plan map amendment and not to the annexation amendment. Consistent with ORS 197.763(1), these agencies did not raise issues with sufficient specificity as to the annexation and the zoning map amendment. 20DOT requested that the City Council record remain open at the May 10, 1999 heating. ORS 197.763(4)(b) provides that a City Council may continue a hearing when it is not the initial evidentiary hearing. The initial evidentiary hearing in these applications was the February 22, 1999 Planning Commission hearing. The City Council notes that ODOT's representative did not object to the City Council's denial of his request that the record remain open. Page 23 - Findings and Conclusions CONCLUSIONS. EXHIBIT Page ~ of The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. (1) The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. (2) The delineation of the wetlands and the required mitigation measures approved by the Division of State Lands shall be required at the time of Site Plan Review. (3) This approval is limited to a factory outlet center, (4) That there be no development of Phase H until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily. (5) That the site plan review application shall satisfy OAR 660-12-045. (6) That any additional traffic impa~t mitigation would be determined at the time of Site Plan Review, if necessary. 10A Page 24 - Findings and Conclusions . lOB July 12, 1999 TO: FROM: SUBJECT: Mayor and City ~C.o. uncil . ~ John C. Brown, City Adminlatrator~ Woodburn Company Sgores~ Phase I Recommendation: It is recommended the City Council provide direction to staff'regarding issuing temporary occupancy permits for Phase I of the Woodburn Company Stores project. Background: At your May 10, 1999 meeting, the timing of offsite improvements for the referenced project was discussed, in relation to the desired date of opening. Councilors expressed concerns regarding the completion of roadway improvements from the project to Woodland Avenue and installation of a traffic Signal at the Woodland Avenue and Highway 219 intersection. At that meeting, Steve Craig provided the Council with a proposed schedule to complete offsite improvements, and informed the Council that effort would be made to complete improvements, if possible, before his "soR-opcning' date of July 15, 1999. Almost immediately thereafter Mr. Craig advised staffthat delays in obtaining a permit to work within the wetlands area impacted by the Ames] Road relocation and widening, and an ODOT permit to install the traffic signal would delay project completion beyond his proposed sof~ opening date. In March 1999, Mr. Craig had advised staff that there were fight-of-way acquisition and wetland issues, related to the Amey Road relocation and widening. He suggested the City should resolve those issues. As Council knows, City staff assumed responsibility for addressing both issues. The necessary right-of-way was obtained in April 1999, and permits from the State Department offish and Game and the Army Corps of Engineers related to the wetland were obtained in June 1999. The wetland permits were issued aRer a mandatory 30-day waiting period, and because the City assumed responsibility for required mitigation activities and costs. The 30-day waiting period is the minimum; approvals usually take longer to obtain. In early June 1999, City staff'met with ODOT to discuss outstanding issues related to the Company Stores offsite improvements. Specifically, staff discussed the inter-tie to existing signals on Highway 214, and the construction of sign bridges to direct traffic from the state highway to the project. At issue with the signal inter-tie was ODOT's shiR away from requiring inter-tie via radio transmission, as included in conditions of approval for the project, to a hard-wired inter-tie and the resulting increase in cost. Mr. Craig objected to any cost exceeding the $2,300 budgeted for the work. At issue with the sign bridge was responsibility for construction. The project is conditioned to pay a maximum of $50,000 toward the project. ODOT had not, as of the June Mayo~ and City Council July 12, 1999 Page 2. 10B meeting, scheduled the construction. This will delay constructing the sign bridges, and require temporary signage to be placed by ODOT. City staff proposed the use of abandoned sewer line to convey the hardwire inter- tie, to reduce costs. Staff also proposed a cost sharing arrangement with ODOT to limit Craig's costs to $2,300 and to move approval of the signal ahead. ODOT agreed to this arrangement. At last estimate, the hardwired inter-tie will cost $12,000, with a balance of $9,700 to be shared equally by the City and ODOT. As of the writing of this report, ODOT had not confirmed an installation date. The foregoing information is provided to show that drays have occurred which impact Craig Realty Group's ability to complete the offsite improvements prior to the proposed soR opening date. Mr. Craig has been asked to provide the Council with a status update, including the anticipated timing of completion and steps to be taken in the interim. Mr. Craig will attend your July 12, 1999 meeting, and make a presentation. Since the May 10, 1999 meeting, the soft opening date was postponed to July 23, 1999. Discussion: City departments involved in project monitoring, and the Woodbum Fire District met last week to discuss the status of structural, on-site, and off-site improvements, in relation to the newly proposed soft opening date. As of the writing of this report, a variety of items remain to be completed, and many items will not be completed before the July 23, 1999 soft opening. ARer discussing this matter with Mr. Craig on July 8, 1999, it appears a number of these items will be completed within the next 10 days, and the majority of those remaining will be completed prior to planned grand opening on August 19, 1999. Typically, occupancy permits are not issued until all inspecting jurisdictions are satisfied that necessary work has been completed in compliance with all applicable Federal, State, and local codes. In instances where items of less significance are outstanding, temporary occupancy permits will be issued. AS an accommodation to the Company Stores, it is proposed that temporary occupancy permits be issued until all codes and conditions have been satisfied. Some items remaining to be completed are of serious-enough import to life- safety, that if they are not completed before July 23'a, occupancy permits will not be issued, and the soi~ opening will not be allowed to occur. These focus on fire safety, including sprinkler operation and electrical and plumbing final inspections. Your Council is also asked to consider the severity of traffic circulation problems that will be created by an incomplete Arney Road relocation, and lack of a traffic signal inter-tie, widened south-bound offi'amp, and restriped bridge overpass. If Council deems these deficiencies serious enough threats to life safety, and so directs, staffwill deny temporary occupancy permits until these improvements are made. Mayor' and City Council July 12, 1999 Page 3. 10B Attached is a compilation of items remaining to be completed. The items have been consolidated for ease of presentation, and are segregated into categories intended to signify their relative importance. If"critical" items are not completed, no temporary occupancy permits will be issued. "Serious" items are those which should also be completed before issuance of any occupancy permits. "Important" and "necessary" items are those that can be deferred under temporary occupancy permits, but must be completed before a final permit can be issued. The attached list is provided for your consideration and discussion. It is recommended that you determine which items must be complete before an occupancy permit is issued, and direct staff accordingly. lOB WOODBURN COMPANY STORES- ITEMS TO BE COMPLETED Critical (Life-Safety) A. Building sprinklers are to be made operational prior to building utilization. B. Activate the traffic signal at the intersection of Highway 219 and Woodland Avenue. C. Complete street improvements, including required sidewalks, from Woodburn Company Stores property to the traffic signal on Highway 219, and on Woodland Avenue. Do Eo Complete plumbing and electrical systems necessary for power and to ensure fire safety in all of the Company Stores facilities. Plumbing and electrical must be inspected and approved by the County. Provide barricades for safety to the areas under construction. II. Serious A. Restripe bridge overpass to provide additional lanes. B. Widen the south bound off ramp. C. Install all required ADA signage. D. Interconnect the traffic signal at Woodland Avenue with existing signals at the north/south- bound ramp, Evergreen and Oregon Way. mo Important A. Install median on Hwy 219 at existing Arney Road intersection. B. Complete installation of street hghting on Amey Road and Sprague Lane. Install a minimum seven (7) foot high sohd wall on the north side of Woodland Avenue abutting the rear line of the lots fronting Acacia Avenue between the intersection of extended Arney Road and Woodland Avenue and Myrtle Street. Install plantings such as arborvitae on the east side of the solid wall. The "clear vision triangle" at the intersection of Woodland Avenue and Myrtle Street shall be maintained. lOB Eo Fo Loop water main from the North portion of the Woodburn Company Stores property to King Way. This should be completed as soon as practical. Complete repairs and testing on the city maintained sanita~ sewer system prior to acceptance by the City. Realign Arney Road on the north end of the development. Necessary Provide maintenance bond for all city maintained infrastructure in the amount of 10% of the construction cost. Provide properly prepared warrm~ deeds for fight-of-way dedications of the relocated Amey Road and Sprague Lane. Provide one set of reproducible as-builts and three sets blueline copies as-builts for all of the public infrastructure installed. Provide properly signed utility easements for public maintained infrastructure on private property, storm, sanitary sewer and water main, including meters and hydrants. Miscellaneous curb and sidewalk areas need to be installed or repaired-a specific list will be provided. Clean public streets. Restriping may be required due to damage from construction traffic. Permanently install irrigation system in all required landscaping areas, and submit irrigation plan prior to construction to the Community Development Department. Install landscaping on fLReen (15%) of the site area, which is approximately 153,986 square feet. A five (5) foot wide planting strip between the curb and sidewalks along the public streets must be included in the landscaping for the site. At least (10%) percent of the interior parking stalls must be landscaped. Installation of trees for frontage street landscaping and parking lot landscaping must meet standards as approved in the Community Development Department staff report. lttm: to bt Completed Page 2 10B The portion of the site abutting the RM zoning district must be landscaped with a ten (10) foot wide planting strip and a seven (7) foot tall fence along. The eight (8) acres located contiguous with and abutting to the north of the site are not included. The number of trees to be installed will be determined by the formula defined in the Community Development Department staff report. The number and location of ADA-accessible parking spaces on the site plan must be identified and submitted to the Community Development Department. Lo Mo Oo Identify the number and location of bicycle parking spaces, and provide for sixty-three (63) bicycle parking spaces. Provide for preferential carpool and vanpool parking. Complete installation of sidewalks along and between buildings, beside trash dumps, and handicapped sidewalks and ramps. Water meters must all be green tagged. Building roofs must be completed and inspected by Building Division. Complete installation of steel ramps and hand ramps at loading dock. lt~m~ to be Completed Pages 10C COUNCIL BILL NO. ORDINANCE NO. 1978 AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP AND CHANGING THE ZONING DESIGNATION ON CERTAIN PROPERTY LOCATED SOUTH OF WEST HAYES STREET AND EAST OF INTERSTATE 5; AND APPROVING THE PRELIMINARY SUBDIVISION PLAT OF SAID PROPERTY SUBJECT TO THE CONDITIONS IMPOSED BY THE WOODBURN PLANNING COMMISSION AND CITY COUNCIL AND DE~G AN EMERGENCY. WHEREAS, the Woodbum Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodbum's Urban Growth Boundary; and WHEREAS, the Woodbum Planning Commission has previously conducted a public hearing and considered the applications filed herein; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Comprehensive Plan Map Amendment Case 98-03; Zone Map Amendment Case 98- 07 and Subdivision Application Case 98-03; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Capital Development Company and is legally described in the "parcel boundat3f attached as part of Exhibit "A,' which is by this reference incorporated herein. Section 2. The Woodbum Comprehensive Plan Map and Woodburn Zoning Map designations on the subject property described in Section 1 are hereby modified as also specified in Exhibit "A." Section $. That the pre'~ subdivision plan is approved subject to the conditions previously approved by the Woodbum Planning Commission, as modified by the Woodbum City Council, as follows: Ao Condition No. 13 (previously approved by the Woodbum Planning Commission) was deleted because it duplicated Condition No. 10. Bo Condition No. 14 (previously approved by the Woodbum Planning Commission) was deleted as not germane to the application. C. An additional condition was added by the City Council that the developer be Page 1 - COUNCIL BILL NO. ORDINANCE NO. 10C required to meet with staff and with Columbia neighbors in order to resolve privacy, security and sound abatement issues having to do with the double frontage on Evergreen as previously dedicated. Do An additional condition was added that the Woodbum Planning Department record the Conditions of Approval in the deed records of Marion County. A copy of the conditions is attached to this ordinance as Exhibit "B" and, by this reference, incorporated herein. Seetiou 4. That the Comprehensive Plan Map Amendment, Zoning Map Amendment and Preliminary Subdivision Approval herein are based upon the Findings and Conclusions contained in Exhibit "C" which is attached hereto and, by this reference, incorporated herein. Section 5. 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 Approved as to form: ~ qq 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 2 - COUNCIL BILL NO. ORDINANCE NO. Summary of Areas: EXHIBIT Page / CG Commercial RM Multi Family RS Single Family 67.99 Acres 35.82 Acres 70.01 Acres TOTAL 173.81 Acres Legal descriptions for proposed zoning. 10C Parcel Boundary: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 518" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range the True Point of Beginning; thence South 00°39'31" West 530.27 feet to a 11/4 inch iron pipe; thence North 89032'20" West 2110.71 feet; thence North 35°53'54" East 3648.64 feet; thence South 00°31'55" West 69.04 feet; thence North 35057'00" East 246.21 feet to and iron rod; thence South 88052'09" East 1349.25 feet to and iron rod; thence North 00040'23" East 28..09 feet to an iron rod; thence South 88°52'13" East 628.17 feet to an iron rod; thence South 00°47'17" West 2111.00 feet to an iron rod; thence North 89*28'00" West 2060.60 feet to an iron rod; thence North 89*28'00" West 50.00 feet; thence South 00031'55" West 470.58 feet to the point of beginning. Said Parcel contains 173.81 Acres more or less. Zoning CG Parcel 1: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5/8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence North 00°31'55" East 263.35 feet; thence North 89°31'50" West 806.26 feet; thence 62.29 feet along the arc of a curve to the right having a radius of 250.00 feet, a central angle of 14°16'31" and a chord bearing and distance of North 82023'34" West 62.13 feet to the True Point of Beginning; thence North 35046'39" East 1120.77 feet; thence South 89°28'13" East 376.49 feet; thence 1516.87 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of 56o04'16" and a chord bearing and distance of North 54°26'31" East 1457.06 feet; thence North 00050'09" East 517.87 feet; thence North 88o52'09" West 1192.95 feet; thence South 35o57'00" West 246.21 feet; thence North 00°31'55" East 69.04 feet; thence South 35o53'54" West 2290.65 feet; thence South 54°06'06" East 459.42 feet; thence 92.30 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of EXHIBI ~ Page ~ of 5 21o09'13" and a chord bearing and distance of South 64o40'42'' East 91.78 feet Point of beginning. Said parcel contains 51.05 Acres more or less. lOC to the Zoning CG Parcel 2: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5/8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence South 00°39'31' West 530.27 feet to a 11/4 inch iron pipe; thence North 89032'20" West 1061.82 feet to the True Point of Beginning; thence North 89032'20'' West 1048.89 feet; thence North 35°53'54" East 1357.99 feet; thence South 54°06'06" East 459.42 feet; thence 92.30 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 21°09'13" and a chord bearing and distance of South 64040'42" East 91.78 feet; thence South 35°46'39' West 339.17 feet; thence South 00027'40" West 524.71 feet to the Point of beginning. Said parcel contains 16.94 Acres more or less. Zoning RM Parcel 1' A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5/8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence North 00o31'55" East 470.58 feet; thence South 89°28'00" East 2110.60 feet; thence North 00°47'17" East 2111.00 feet to the True Point of Beginning; thence South 00°47'17, West 223.61 feet; thence 593.68 feet along the arc of a non-tangent curve to the right having a radius of 525.00 feet, a central angle of 64°47'28'' and a chord bearing and distance of South 58°23'33" West 562.55 feet; thence North 89°12'43" West 85.76 feet; thence 224.86 feet along the arc of a curve to the left having a radius of 1550.00 feet, a central angle of 8°18'43" and a chord bearing and distance of South 86o38'00" West 224.66 feet; thence North 00o50'09'' East 517.87 feet; thence South 88°52'09" East 156.30 feet; thence Nodh 00°40'23" East 28.09 feet; thence South 88°52'13" East 628.17 feet to the Point of beginning. Said parcel contains 8.50 Acres more or less. Zoning RM Parcel 2: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: EXHIBIT z/~ Page ,--~ of ~ Commencing at a 5~8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence North 00°31 '55" East 470.58 feet; thence North 00029'27'' East 38.46 feet; thence 699.97 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of 25052'28'' and a chord bearing and distance of North 13028'09'' East 694.04 feet to the True Point of Beginning; thence 1479.82 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of ,54°42'05'' and a chord bearing and distance of North 53°45'25'' East 1428.25 feet; thence South 00°47'17'' West 852.63 feet; thence North 89°28'13'' West 1137.01 feet to the Point of beginning. Said parcel contains 14.95 Acres more or less. Zoning RM Parcel 3: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5~8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence North 00°31 '55" East 263.35 feet to the True Point of Beginning; thence North 00031'55" East 207.23 feet; thence North 00029'27" East 38.46 feet; thence 699.97 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of 25052'28'. and a chord bearing and distance of North 13°28'09'' East 694.04 feet; thence North 89°28'13'' West 376.49 feet; thence South 35046'39'' West 1120.77 feet; thence 62.29 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 14°16'31' and a chord bearing and distance of South 82023'34" East 62.13 feet; thence South 89031'50" East 806.25 feet to the Point of beginning. Said parcel contains 12.37 Acres more or less. Zoning RS Parcel 1: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5/8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98, in said Township and Range; thence North 00°31'55" East 470.58 feet to the True Point of Beginning; thence North 00029'27" East 38.46 feet; thence 699.97 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of 25o52'28'' and a chord bearing and distance of North 13028'09" East 694.04 feet; thence South 89°28'13" East 1137.01 feet; thence North 00°47'17" East 852.63 feet; thence 37.05 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of lo22'11'' and a chord bearing and distance of North 81°47'33" East 37.05 feet; thence 224.86 feet along the arc of a curve to the right having a radius of 1550.00 feet, a central angle of 8°18'43" and a chord bearing and distance of Nodh 86°38'00'' East 224.66 feet; thence South 89°12'43" East 85.76 feet; thence 593.68 feet along the arc of a curve to the right having a radius of 525.00 feet, a central angle of 64047'28" and a chord bearing and EXHIBIT ~ Page ~ of lOC distance of North 58o23'33" East 562.55 feet; thence South 00°47'17" West 1887.39 feet; thence North 89028'00" West 2110.60 feet to the Point of beginning. Said parcel contains 51.22 Acres more or less. Zoning RS Parcel 2: A parcel of land situate in the A. Dubois Donation Land Claim No. 98, and the M. Lore Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South; Range 2 West of the Willamette Meridian, Marion County, Oregon, said parcel is more particularly described as follows: Commencing at a 5/8" iron rod marking the Southwest corner of the A. Dubois Donation Land Claim No. 98 the True Point of Beginning, in said Township and Range; thence South 00°39'31" West 530.27 feet to a 11/4 inch iron pipe; thence North 89032'20" West 1061.82 feet; thence North 00027'40" East 524.71 feet; thence North 35046'39" East 339.17 feet; thence 62.29 feet along the arc of a curve to the left having a radius of 250.00 feet, a central angle of 14°16'31" and a chord bearing and distance of South 82023'34, East 62.13 feet; thence South 89°31 '50" East 806.26 feet; thence South 00°31 '55" West 263.35 feet to the Point of beginning. Said parcel contains 18.79 Acres more or less. SO '27 40' W '33 530.~7' ..... SO '39'3'1'W 530.27' f 263.35 SO '3! '55'W " 470.58 ' EXHIBIT Page $ 97* ~-'Z II "n OI 0 10C mm U~ So'a7'~7-w B52.63' ~887.39' SO'47't7'W 223.6! EXHIBIT )c~ Page /, of /~, 10C CONDITIONS OF APPROVAL Provide Staff with a copy of the CC & R's. The applicant shall prepare and submit a street tree plan for street trees in the subdivision and along the extensions of Evergreen Road, Harvard Drive, and Baylor Drive. The applicant shall provide either 2 large trees per 100 feet or 3 medium trees per 100 feet. Large trees are 40+ feet and medium trees are 30-40 feet at full maturity. Property line sidewalks will be required on both sides of Evergreen Drive. Provide staff with a final lighting plan for review by the Police Department. The applicant shall provide a pedestrian access ways from Baylor Drive to the corddor that runs along the east side of the subject site. One access point shall be extended to the corridor at the end of each east to west oriented street. The access ways shall be improved with an asphalt surface and landscaping on both sides. Pdor to improving the access way, the applicant shall submit improvement plans for staff approval. Meet vision clearance standards. The applicant shall comply with residential lot standards. The applicant shall comply with the Woodburn Subdivision Standards. In particular, the applicant shall modify their site plan to provide a minimum of 80 feet for both lot widths fronting a corner lot for lots 1, 10, 21, 28, 29, 36, 37, 44, 45, 52, and 61. In addition, the applicant shall modify their site plan to provide a minimum of 60 feet width for double frontage lots 3, 4, 5, 6, and 9. These modifications shall be reflected in the final plat to be reviewed by the Woodburn Planning Commission. A brick or cinder block fence will be required along the extension of Evergreen Road and the eastern side of the subject site. 10. Prior to the occupancy of any dwelling on the subject site, construction of pedestrian sidewalks on Hayes Street from Evergreen Road to Cascade Drive will be required. 11. Subdivision Review approval will be required for phase 2 of the proposed subdivision. 12. A cinder block wall is required on the east and south side of Evergreen location and distance to be determined with final street design. FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 EXHIBIT ~ Page ;~, of /~ lOC 4~ ADDITIONAL CONDITIONS: Public Vvorks Fire Department Recreation and Parks Building Department VVastewater/VVater Traffic Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 SITE PLAN REVIEW MONTEBELLO I SUBDMSION Page ~ of / o3 10C PUBLIC WORKS ho 10. GENERAL CONDITIONS: Final plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. All city maintained facilities located on private property will require a minimum 16-foot wide utility easement to be conveyed to the city. Utilities of unusual depth or size or with a combination of utilities may require a larger width. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. This development shall not cause storm water mnoffto be impounded on adjacent properties. The mbdivision shall be platted in accordance with standard surveying practice, approved and recorded with Marion County. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B". The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodbum Zoning Ordinance, Chapter m, Section 6 prior to acceptance of the final plat. Also prior to construction of the subdivision commencing the city will require approve4, construction plans, a performance bond and construction permi. 't fee's paid. All work shall conform to the City of Woodbum Standards and all State Building Codes and regulations. Any off site third party agreements or easements required for this development, sha~[ be provided to city staff prior acceptance of the approval. ATTACHMENT A B. 5 C. 1 2 10C EXHIBIT Page 5/ of, ,/ Ss'stem Plan ('['SP) Ibc 'I'SP designates this portion as a scivicc collccls~t, ~ 74 {~ol xvidc bc 42 I~ct curb to curb, s~dcwalk each side In addllit~n, thc sa[nc shall bc extended to ~hc sidewalks Il'thc development agreement legally icqtu~cs thc cxtenston oi' 5lacy Allison along 1-5, this requirement shall be thtilled This development will generate school age pedestrian traffic, the nearest School is Nellie Muir Elemental' A sidewalk shall be installed on West Hayes from the School to this development, one side only. The sidewalk shall be separated from the street surface and shall be wider then the standard five wide walk being it is provided on one side only. The appliacnt will be responsible the 100% of the cost flora this development, to cascade Drive unless other agreements are made The interior streets shall ~nform with the TSP, ~ per the local residential street with parking both sides. A 60 foot wide ~ght-of-Way for the mare exterior street, Baylor, Vass~and Hazard and 50 foot wide for the second~ interior as proposed will be acceptable, with 10 foot wide public utility easements each side Streets shall be constructed with a 34 tbot improved surthce curb lo curb, with properly line sidewalks ~ch side No direct single residential lot access to Evergreen Road will be allowed DRAINAGE: The storm sewer system and on-site detention shall comply with the cities Storm Water Management Plan (working document) and Public Works Storm Water Practices A hydraulic analysis shall be provided to the city for review and approval As pc]' the Storm Water Management i'lan this parcel will require to be served by a new culvert crossing 1-5 and a deterttion basra being constructed and located at the Northwest corner of this parcel The entire drainage basin is to utilize this system, it shall be designed Io provide for this, in accordance with the Storm Water Management Plan EXHIBIT.._ 10C Page ~-- [ ~, The property area needed for thll build out of the detention system shall be provided at this time, however the detention constructed, only needs to provide for current development. The culvert crossing I-5 will require permits to be obtained from the Oregon Department of Transportation and shall be designed and constructed to provide for full build out of the basin A hydraulic analysis shall be provided to the city for review and approval D. SANITARY SEWER This property is subject to a conditional grant for the construction of the existing sanitary sewer lift station, this must be paid at the time of building permit issuance The property shall be served by the existing sanitary sewer lift station located at the northwest corner of the parent parcel. A gravity system shall be designed of size and depth to provide for future gravity service in which the basin would serve the area south of Parr Road. In addition, the gravity main shall be of sufficient depth at the southeast corner of this development to serve property located to the south and to remove by gravity, the existing sanitary sewer lift station on Santaim Drive. a 16 foot utility easement will also need to be provided across one or two of the proposed lots to provide for this connection. E. WATER The application proposes to extend a 12" dia. water main from West Hayes within the proposed Evergreen Road and the proposed west, north/south Road to serve the site. a 12" dia. will be required to be extended with the Evergreen Road Improvement, however depending on flow requirements one of the proposed mains might be able to be reduced in size. The interior water mains shall be internally looped and shall be sized in accordance with flow and fire protection requirements. Fire protection requirements, access, fire hydrant locations and fire protection issues shall be as per the Woodbmn Fire Districts conditions of approval. (Note: the developer needs to be aware the city does not chlorinate its water and therefore installation and disinfection of new development, have more stringent requirements of waterline acceptance by the city.) 4. See wastewater/water comments in regard to cross connection requirements. IS'()OI)B URN I:IRI" I)ISTRIC'I' Prta,ention Division Site Plan Re~,icw Corn,tents EXHIBIT '~ Pag~ ~.~ _ of 10C Mt'mo To: Naomi Tejeda, Assr Planner City of Woodbum From: Robert Benck Fire Marshal Date: 11-17-98 Facili(y/Project Name: Montebello Phase I Location: Evergreen Road Occupancy Class: R-3 A. Access: 1. Exterior of Facility: UFC 902.1 When 25 or more dwellings are served more than one access point will be required. Driveable access to within 150 feet of all sides of all structures. Dead-end access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet with no parking on street. City standards will prevail for subdivisions. 2. To Interior of Facility: NA B. Building Exit System: NA 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flow~ Water Supply: Minimum Fire flow will be 1000 gpm D. Hydrants: Itydrants spaced at an.average maximum distance of 500 feet apart, no structures more than 250 feet from a hydrant. Specific locations to be approved by the City water department and the Fire District. E. Sprinkler/FDC: NA ATTACHMENT B F. Alarm Syste. m: Local smoke detection as required for single family residence EXHIBIT G. Premise Identification: Page Markings and location to meet city standards Flag lots mt, st have address posted at entrance to driveway on public street. of IL Special Occupancy Requirements: NA L Building Size & Limitations/Type of Construction: NA d. Fire and Life Safety Review Requirement: By Building Official as applies to single family construction. 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 ~ CONSTITUTE PERMISSION TO BUILD. BUILDIING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLAIqS MUST BE ONSITE DURING CONSTRUCTION. 10C WOODBURN FIRE DISTRICT 1776 lqewberg Hwy. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 ATTACHMENT B EXHIBIt[ Page ~ of lOC from: date: subject: Woodburn Recreab'on and Parks Department Naomi Tejeda, Planning Department .) D. Randall Westrick, Recreation and Parks Director November 19, 1998 Recreation and Parks Department Comments - Montebello I Recreation and Parks Systems Development Charees: The Systems Development Charge for park and recreation facilities for this 75-unit project is calculated as follows: 75 units x $483/unit=$36,225 Linear Park, Bike/pedestrian/golf cart Transportation Corridor: The right-of-way for the Evergreen Road extension borders the eastern portion of the subdivision. The Recreation and Parks Departmem supports the development ofa bikedpedestrian/golf cazlAMear park within this corridor. This facility could provide a unique transportation link between this development, future developments in the area, the Valor/Heritage School complex, Centennial Park and the local commercial district. Transportation elements of this facility should include the following: · Pedestrian Paths · Bicycle Paths · Cart Paths Recreation facilities or linear park features for the right-of-way include: Age Specific Playgrounds Picnic Areas Passive Recreation Facilities Landscape Elements The Montebello I ~levelopment should provide a link to this transportation corridor. These access points should bd extended east to the corridor from the proposed Baylor Street. One access point should extend to the corridor at the end of each east to west oriented street. ATTACHMENT C Recreation and Parks Department Comments - Montebello I Page 2 EXHIBIT ~ Page ? _ of /0% 10C Pedestrian Access to Schools: Children who will reside in the Montebelio I development will attend Valor Middle School and Nellie Muir Elementary School. After reviewing the application, it appears that the only pedestrian ~s to either school will be via Hayes Street. Hayes Street currently has no sidewalks from Nellie Muir School westward to the project site. The lack of a sidewalk creates a safety concern for children walking to school. This situation could require Woodburn Public Schools to bus children from Momebello I to Nellie Muir School. While this practice would safely transport children to school, an unsafe situation would still exist for children and families walking to Nellie Muir School for non- school activities such as recreation programs or to play on school grounds. The City's Draft Recreation and Parks Comprehensive Plan includes Nellie Muir School within the City's neighborhood park inventory. The Montebello I neighborhood will fall within Nellie Muir School's service area.' Consideration is needed to ensure safe access from the development to the School. ATTACHMENT C 10C SUBDIVISION REVIEW -- FACILITIES MEETING / COMMENTS.., ..................... EXHIBIT ~ Page. REQUEST DATE: Nov. 20, 1998 by 1:30 p.m. DEPARTMENT: I~ CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Wilhelm Engineering, Inc. for Capital Development Company TYPE OF PROJECT: The applicant is requesting approval of a 75 lot subdivision. This would be phase #1 of the proposed "Montebello I" subdivision. PROJECT LOCATION: Located to the east of Interstate 5, south of West Hayes Street, and east of Senior Estates. It can be identified specifically on Marion County Assessor Map TSS, 2W, Section 13, Tax Lot #200. CONFERENCE PLACE: Conference Room Woodburn City Hall DATE: Nov. 20, 1998 TIME: 2:30 pm DEPARTMENT COMMENTS ATTACHMENT D I~XHIBIT Page ~ of- SITE PLAN REVIEW- COMMENTS 10C REQUEST DATE: November 20, 1998 APPLICANT: Wtlh¢lm Engineering Inc., for Capital Development Co. DEPARTMENT: Wastewater/Water CONTACT PERSON: Naomi Tejeda~ Plaj~ning Department DEPARTMENT. _COMMENTS Cross connections; W~ter Department All units that put in either a underground irrigation syst~n_s, ~rlmm~ng pools, hot ttlb$ arid ~ sptillldcr systetlls ~ be reqllired to ~ a baclcflow prevention assemblies (DC) (Double Checks). The assemblies shall be installed by the water meter next to the property line. Unless approved by city Engineers. Please see Inspcctor on Installation Standards 952-5283 ~8$t~tcr Dc-l~artment No commellt at this time, Lamy Arendt Indust~ W~te Coordinator Cross Connection Inspector City of Woodbum ATTACHMENT E Post-It' brand fax transmittal memo 7671 EXHIBIT Page /,~ of SUBDIVISION REVIEW -- FACILITIES MEETING / COMMENTS 10C REQUEST DATE: Nov. 20, 1998 by 1:30 p.m. DEPARTMENT: ~ ~o~,~,-~ CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Wilhelm Engineering, Inc. for Capital Development Company TYPE OF PROJECT: The applicant is requesting approval of a 75 lot subdivision. This would be phase #1 of the proposed "Montebello I" subdivision. PROJECT LOCATION: Located to the east of Interstate 5, south of West Hayes Street, and east of Senior Estates. It can be identified specifically on Marion County Assessor Map T5S, 2W, Section 13, Tax Lot #200. CONFERENCE PLACE: Conference Room Woodburn City Hall DATE: Nov. 20, 1998 TIME: 2:30 pm DEPARTMENT COMMENTS ATTACHMENT F E~HIBIT ~ Page / of ~ 10C FINDINGS AND CONCLUSIONS APPLICABLE STATEWIDE PLANNING GOALS: FINDING: Goal 9 is satisfied, for the proposal calls for the 174 acre parcel to serve three Land Use designations: Commercial, Multi-Family Residential, and Single- Family Residential. This land use mix insures economic diversity. FINDING: Approximately 67.9 acres of the 175 acre parcel would be designated Single-Family Residential in addition to 32.3 acres being designated for Multi-Family use. The acreage of these designations will remain similar to what was originally adopted in 1980 only their configuration will be changed. Therefore, the amount of land as originally found to be appropriate when the Comprehensive Plan was adopted in 1980 will remain similar with this map amendment. FINDING: The applicants acreage lies adjacent to available water sewer, storm drains and a street network that can, at the owner's expense, be extended into his property. FINDING: In June 1996 the City Council adopted Ordinance #2170 the "Woodburn Transportation System Plan" that meets the three conditions established in Ordinances #2095 and #2098. FINDING: Goal 14 Urbanization is to insure that an orderly and efficient transition occurs from rural to urban land uses. The concerned property lies within the City's urban growth boundary and was annexed to Woodburn in 1992. The property lies adjacent to property that has been built out with Commercial, Multi-Family Residential and Single-Family Residential uses. Any development is an extension of those land uses within the urban environment. FINDING: These goals are inapplicable, either because the goals physical characteristics are not present on the site (Goals 4, 5, and 15-19) or because the resource land (3-4) is unaffected or the substance of the goal is unaffected (Goal 6, "Air, Water, and Land Quality; Goal 7, "Disasters and Hazards", Goal I, "Recreation"; and Goal 13, "Energy Conservation".) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan. FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 EXHiBiT° °age .... : of 10C FINDING: There is a need for the Land Use designation be amended to reflect the objectives of the Transportation Plan and provide a transition of development from Iow intensity adjacent to Senior Estates to a higher intensity of use adjacent to the freeway. FINDING: The proposed Land Use Amendment allows a land use pattern that best meets the objectives of the Transportation Plan. TO SUPPORT A PLAN AMENDMENT: FINDING: The City's Comprehensive Plan was originally adopted in 1980. Since that time the complexity and growth dynamics of the City have realized dramatic change. Since 1980 Woodburn's population has increased by 7,000+. Just in the last eight years the City's building valuation for new construction has reached over $206,346,250.00. This has had substantial affect on the City's residential, Commercial, and Industrial growth patterns and required the City to assess it's internal street and highway system. The outcome of that process resulted in the adoption in 1996 of a City wide Transportation Plan that significantly affected the applicant's property to the extent that the present plan designations are not compatible with the City's Transportation Plan. TO SUPPORT A ZONE CHANGE: FINDING: Growth has required the City to re-evaluate it's development pattern. FINDING: A transportation plan was adopted in 1996 to address future growth issues. FINDING: Amending the land use pattern provides greater land use compatibility. FINDING: Amending the land use pattern removed Commercial properties away from Single-Family Residential uses. FINDING: Amending the Land Use pattern removed Single-Family development away from the freeway. SUBDIVISION: FINDING: The applicant has submitted an application for a subdivision to divide 15.51 acres into 75 lots in the City of Woodburn. FINDING: The applicant's site is within the City Limits, south of W. Hayes Street, south of the proposed extension of Evergreen Road. The property can be identified specifically as Tax Lot #200, 5S, 2W, Section 13. FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 10C FINDING: The proposed lots range from 6,000 square feet to 11,587 square feet, thus meeting the 6,000 square foot minimum lot size standard specified in the Woodburn Zoning Ordinance. The applicant is providing a density of 5.0 lots per acre, thus meeting the less than 12 units maximum per acre standard. FINDING: The applicant has submitted a traffic impact study prepared by Lancaster Engineering. FINDING: Two proposed local streets (Harvard Drive and Baylor Drive) will provide access to the subdivision south of the extended Evergreen Road. Although these two local streets dead end in phase I, they will be extended in phase II. FINDING: The design of the subdivision will encourage slow-moving traffic by its short block lengths, frequent street intersections, street curvature, and narrower widths on internal streets. FINDING: The subdivision is for single family residential development. The properties to the south, north and west are planned for residential use on the Woodburn Comprehensive Plan. Therefore, no non-residential uses will impact this development. FINDING: Lands within the urban growth boundary and within the city limits are available for development. The subject property has been planned for single family development. FINDING: It will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. Adequately sized lines have been proposed to provide sufficient capacity to serve this area of the city. FINDING: The developer will be required to pay systems development charges for their impact on the infrastructure. The extension of public services and facilities is in accordance with the city's Master Plans for those systems. FINDING: The applicant is proposing to extend Evergreen Road with a 74 foot right-of-way, which is the standard for a minor arterial. The north-south street (Harvard Drive) that will be extended from south from West Hayes Street will have 60 feet of right-of-way. All the other interior streets will have a right of way of 50 feet. These street rights-of-way meet standards as listed in figure 30 of the city's Transportation System Plan. FINDING: Lancaster Engineering prepared a traffic analysis for the proposed 75 lot subdivision. The analysis stated that this proposal would "generate approximately 718 trips per day with 75 new trips during the p.m. peak hours (48 in and 27 out)." FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 EXHIBIT. ~' Page *-/ of L/ _ 10C The analysis states that "None of the study area intersections are failing, nor are they expected to fail with year 2000 background plus site-generated traffic volumes. For the three intersections which are expected to operate at E during the evening peak hour, the addition of site-generated traffic from the proposed subdivision is not expected to significantly change the operation of those intersections. No militations are recommended as a result of the proposed 75-unit subdivision." FINDING: With the extension of Evergreen Road and West Hayes Street to the proposed subdivision, traffic circulation in the area will improve. CONCLUSION: The applicant is requesting approval to subdivide the 15.51 acre parcel into 75 single family lots with lot sizes of greater than 6,000 square feet. With conditions of approval, the proposal meets all applicable policies and standards of the city of Woodburn, as found in the previous sections. FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 · IOD COUNCmmLLNO. 1979 ORDINANCE NO. AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP DESIGNATION ON PROPERTY LOCATED AT 515 S. PACIFIC HIGHWAY FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL; CONCURRING WITH MARION COUNTY ON THE PROPOSED CHANGE IN THE MARION COUNTY URBAN ZONING ORDINANCE DESIGNATION FROM CR (COMMERCIAL RETAIL) TO CG (COMMERCIAL GENERAL) WITH THE IMPOSITION OF A LIMITED USE OVERLAY ZONE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the applicants, Lawrence and Marilyn Paradis, own a 4.91 acre parcel located at $15 S. Pacific Highway, Woodburn, Marion County, Oregon (Section 1 SD; T$S; R1W; Tax Lot 43001-000); and WHEREAS, the applicants want to amend the Woodburn Comprehensive Plan Map designation on the subject property from High Density Resid~ to Commercial and have Marion County change the Marion County Urban Zoning Ordinance zone designation on the subject property from CR (Commercial Retail) to CG (Commercial General); and WHEREAS, the Woodburn City Council conducted a public hearing on the application on June 28, 1999; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Lawrence and Marilyn Paradis and is a 4.91 acre parcel located at 515 S. Pacific Highway, Woodburn, Marion County, Oregon (Section lSD; T$S; R1W; Tax Lot 43001-000). Section 2. That the Woodburn Comprehensive Plan Map designation on the subject property is hereby amended from High Density Residential to Commercial. Section 3. That the City of Woodbum concurs with the applicants' request to change the Marion County Urban Zoning Ordinance zone designation on the subject property from CR (Commercial Retail) to CG (Commercial General) with the imposition of a limited use overlay ZOlle. Section 4. That these land use actions are based upon the findings contained in the staff report which is attached as Exhibit "A' and by this reference is incorporated herein. Section S. That this ordinance is effective upon formal approval of the applications by the Page 1 - COUNCIL BILL NO. ORDINANCE NO. 1OD Marion County Board of Commissioners pursuant to the terms of the Urban Growth Boundary Approved as to forrn: ~ ~ ~01 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 Temumt City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. ~XI. IIBIT, Page CITY OF WOODBURN 270 Montgomery Street · Wooclburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · IAX (503) 982-5244 IOD STAFF REPORT COMPREHENSIVE PLAN AMENDMENT 99-01 ZONE MAP AMENDMENT 99-03 II III APPLICANT: Lawrence and Marilyn Paradis 515 S. Pacific Highway Woodburn, OR 97071 NATURE OF THE APPLICATION: Amend the Woodbum Comprehensive Map from High Density Residential to Commercial on 4.91 acre parcel. See attachment I. Location: 515 South Pacific Highway, Woodbum, Madon County Oregon (Section 18D; Township 5 South, Range 1 West; Tax Lot 43001-000). SUMMARY: The applicant's property lies within the City's Urban Growth Boundary but outside VVoodburn City limits. The Woodburn Comprehensive Plan Map designates the property as High Density Residential. The Marion County zoning map designates the applicants property as Commercial Retail. The applicant wants to change the zone to Commercial General to build a mini storage. The Commercial Zoning designation does not implement the Comprehensive Plan designation. A Comprehensive Plan Map change from High Density Residential to Commercial is necessary to accommodate the applicant's proposed County zone change and use. To resolve this issue the applicant requested Marion County amend their zone map designation from CR Commercial Retail to CG Commercial General thus allowing the opportunity for the property owner to utilize a portion of the site for a mini- storage facility. That part fronting Highway 99E is already used as a bed and breakfast, a permitted use in the County's CR Zone District. CPA 99-01, ZMA 99-03 - Page 1 of 5 IV EXHIBIT ~ Page~of_ /% ...... In October 1998 Marion County held a hearing on the zone change to CG. Marion County Planning Division recommended approval for the zone district amendment from CR to CG. On January 22, 1999 the Hearing Officer concurred with the Marion County Planning Division contingent on approval of a concurrent change to the Woodburn Comprehensive Plan Map to Commercial pursuant to the City/County Urban Growth Boundary Agreement. See attachment II. RELEVANT FACTS: The subject unincorporated 4.91 acre parcel lies within the Woodburn Urban Growth Boundary (UGB) and is designated "High Density Residential" [> 12 units per acre] in the Woodburn Comprehensive Plan.] The parcel is zoned CR (COMMERCIAL RETAIL) under the jurisdiction of Marion County. The property is situated on the west side of South Pacific Highway (Highway 99E), approximately 2,000 feet south of its intersection with East Cleveland Street. It is developed with a dwelling, sheds and barn. Properties to the north and west are located within the City of Woodburn and are designated for high density residential development in the Comprehensive Plan. Situated to the south in a CR zone is Woodbum Auction Yard. To the southwest are small farm parcels in a UTF (URBAN TRANSITION FARM) zone on the Marion County Zone Map. Both these areas are also designated "High Density Residential" on the City's Comprehensive Map. Land to the east access Highway 99E contains a service station and is currently zoned CG (COMMERCIAL GENERAL) on the Marion County Zone Map but is designated for future "industrial' use on Woodburn's Comprehensive Plan. In 1989, the applicants received permission from Marion County to expand Woodburn Auction yard onto the subject 4.91 acre parcel [Variance Case #88-18]. This approval allowed "storage and sale of used farm equipment and implements and parking on sale day." It specifically precluded placement of "auction yard related structures" on the property. The applicant is requesting the Woodburn City Council amend of the City's Comprehensive Plan designation on the subject property from "High Density Residential" to "Commercial" and Marion County to amend the zone from CR to CG (COMMERCIAL GENERAL). The CG zone "would allow the owners to construct a mini-storage facility" on the premises. The Marion County Hearings Officer has referred that matter to the Woodburn City Council and Marion County Board of Commissioners to resolve the Comprehensive designation. IOD CPA 99-01, ZMA 99-03 - Page 2 of 5 V EXHIBIT., Page~ of RELEVANT APPROVAL CRITERIA: A. Urban Growth Boundary Agreement Woodburn Comprehensive Plan IX. Goals and Policies B. Commercial Land Development Policies G. Housing Goals and Policies 1OD Urban K-4 K-5 K-7 K-8 K-10 Growth Boundary Agreement The county shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. The City and county shall maintain a process providing for an exchange of information and recommendations relating to land use proposals in the urban growth area and other land use activities being considered within the urban growth area by the County shall be forwarded by the County to the City for comments and recommendations. The City shall respond within twenty days, unless the City requests and the County grants and extension. All land use actions within the urban growth area and outside the city limits shall be consistent with the City's Comprehensive Plan and the County's land use regulations. IN order to promote consistency and coordination between the City and County, both the City and County shall review and approve amendments of the City's Comprehensive Plan which apply to the portion of the urban growth area outside the city limits. Such changes shall be considered first by the City and referred to the County prior to final adoption. If the County approves a proposed amendment to the City's plan, the change shall be adopted by ordinance, and made a part of the County's plan. The City and County shall strive to enhance the livability of the urban growth area and to promote logical and orderly development therein in a cost effective manner. The County shall not allow urban density uses within the Urban Growth Boundary prior to annexation to the city unless agreed to in writing by the City. City sewer and water facilities shall not both be extended beyond the city limits, except as may be agreed to in writing by the City and County. The City shall be CPA 99-01, ZMA 99-03 - Page 3 of 5 EXHIBIT~ o~f ~ Page ~ responsible for preparing the public facilities plan. STAFF COMMENTS: Any request to amend a land use designation outside it's city limits but within the confines of it's Urban Growth Boundary are to be initiated by the City as stipulated in Section 1.5 of that ordinance. However, under section 11.2 and of the UGB ordinance 11.3 appear to allow the County the opportunity to review Land Use Requests in the Urban Growth Boundary area outside the City limits. Whichever route is taken, the City Council is to initiate a public hearing on this matter. Any decision by the Council will then be heard by the Marion County Board of Commissioners. See Attachment III. Commercial Land Development Policy B-3 Strip zoning should be discouraged as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet and parcels containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage site lots should be encouraged to develop "mall type" developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. STAFF COMMENTS: No new commercial area is established with the applicant's request to amend the Comprehensive Plan Map from High Density Residential to Commercial. The uses remain essentially the same the action is limited to a physical upgrade to the existing use in the rear which is presently used for the storage and sale of used farm equipment. A bed and breakfast occupies the property fronting Highway 99E. By the description of what constitutes strip development in the City's Comprehensive Plan Policy B-3 this is not strip commercial zoning since the applicant's property contains over 4 acres rather than one, is over 150 feet in lot depth, with one not multiple driveway access points. 1OD CPA 99-01, ZMA 99-03 - Page 4 of 5 Housing Policy G-1-1 EXHIBIT,_ //~ Page ~ of 6 IOD The City will insure that sufficient land is made available to accommodate the growth of the City. This requires sufficient land for both high density and Iow density residential developments is provided within the confines of the growth and development goals of the City. STAFF COMMENTS: The abutting action yard is not compatible with housing. A mini warehouse makes a good transition or barrier between the auction yard and any proposed housing to the north side of the applicant's parcel. The housing inventory for multi-family housing within the City's UGB would be diminished by 4.9 acres. The trade off is the Comprehensive Plan Map and Zone Change would enhance the potential housing sites to the north. Conditions of approval as imposed by the Marion County Hearings Officer would limit the use. VI RECOMMENDATION: STAFF RECOMMENDS: The City Council approve the applicants request to amend the Comprehensive Plan Map from High Density Residential to Commercial with a recommendation to the Marion County Board of Commissioners that a zone change from CR to CG be subject to the conditions of approval as stipulated in the Hearings Officer Report (Case No. Zone Change/Comprehensive Plan 98-13) of January 21, 1999. CPA 99-01, ZMA 99-03 - Page 5 of 5 EXHIBIT "~ Page~ of ~ IOD S 07° 29 w 3 50 46 PLOT PLAN NAME: Lawrence & Marilyn Pazadis ADDEESS: 515 S. Pacific Highway, Woodburn, OR 97071 LEGAL: Section 15, Township 5S, Range IW, Tax Lot 43001-000 TOPOGEAPHY': Prope~'ty is generally flat SCA[JT.: 1" = lO0' ATTACHMENT I IOE cOUNCIL BILL NO. RESOLUTION NO. 1980 A RESOLUTION ENTERING INTO AN AGREEMENT WITH R & W ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES FOR REPLACEMENT OF THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM AT THE WOODBURN CITY LIBRARY AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The Woodburn City Library maintaining proper temperature and Ventilation in all areas of the · ~the existing hea' n_q,ven lati~gan~ · ' 'vels enerated by ~ , ......... ~ ~:~,,~ '.~ ~/~ ~,~-% of the existing sYstem, development'of re ~me~ ~"alternativ and development of plans and specifications for replacement of library, and WHEREAS, The city has determined that R & W Engineering is qualified to provide the professional engineering services required and an agreement has been developed to provide the required services; NOW THEREFORE has had continuing problems with library as well as with the ~albation ~'!!'i i~"exi~tin, i 'system the existing syStem at the THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with R & W Engineering for professional engineering services for replacement of the heating, ventilating and air conditioning system at the Woodburn City Library. Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the City. Page 1 - COUNCIL BILL NO. RESOLUTION NO. IOE Approved as to form:~ '~~ "7~ City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1- COUNCIL BILL NO. RESOLUTION NO. IOE ATTACHMENT Page--J of PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between the City of Woodburn, Oregon, an Oregon municipal corporation, hereinafter referred to as "City," and R & W Engineering, an Oregon corporation, hereinafter referred to as "Consultant," regarding evaluation and making recommendations on the Woodburn Library heating, ventilation and air conditioning (HVAC) system for the City of Woodbum, Oregon. IT IS HEREBY AGREED by and between the parties to this Agreement: Terln The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. e Consultant's Services Consultant agrees to provide the services described in the Scope of Work dated July 1, 1999, a copy ofwhich is attached hereto as Exhibit "A,' and is incorporated herein by this reference. Payment Payment to Consultant for service~ set forth in Exhibit "A" ~ be: an am°unt equal to Consultant's standard billing rates as set forth in Exla"oit "B" multiplied by the actual hours worked. Consultant agrees to perform the aervices az act forth in Exlu"oit"A" at a total project cost not to exceed $27,000. It is undemood that Consultant will not exceed this amount without the City's prior written authorization. Materials and expenses incurred in the direct interest of the project will be paid at the actual cost plus 10%. e Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: Consultant will be solely responsible for payment of any Federal or State taxes required as a result &this Agreement. Bo The Consultant is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. Employees No person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of absolute necessity, emergency or where the public policy absolutely requires it, and in such cases except in cases of agreements for personal services Page 1 - Personal Services Contract ATTACHMENT Page ~ of as defined in ORS 279.051, the laborer shah be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. §§201 to 209 from receiving overtime. 10E Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shah be fury responsible for payment of ah withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industdai Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responm'biIRy. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expeases. Unless specifically set forth on Exhibit A, ~~ ac~o~g~ r~~ for ~ ~ out of~e p~o~ offs ~m~t ~d ~ hold Ci~, i~ offi~, ~ ~d employ~ ~~ ~om ~d ~de~ ~d d~d ~e ~e of~y ~d ~ ~, ~~ loss, ~ ~d e~e~s ~ ~~on ~ ~y ~o~ ~ or c~ r~ or ~eg~y re~ from ~l~t's he.gent ~, o~o~ ~fi~ or ~ pro~d~ pur~t to ~s ~ment or ~om ~~'s ~ure ~ peffo~ i~ r~po~ib~fi~ ~ ~ fo~ ~ ~s ~mem. No~g ~ ~s ~on s~ ~ ~~ to r~uke Co~ul~t to or defend Ci~ ~om its o~ ne~gea ~. Consultant, its subcontractors, if any, and aH employers working under this Agreement are subject employers under the Oreson Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for aH their subject workers. Consultant shah maintain throughout this Agreement the following insurance: Workers' compensation and employers liability insurance as required by the State where the work is performed. Page 2 - Personal Services Contract Bo Co Do ATTACHMENT /~ Page of Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. Commercial general liability insurance covering daims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. Professional Liability Insurance of $250,000. IOE Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified herein. · Th, coverage provided by these policies shall be primary and any other in.mmnce' carried r dom Or ~ by Ci~ otmy o~ ~es or ~ ~ ~y ~ve ~ om ot~~t's ~e ~ p~o~ ~ a~r~ ~ ~e ~p~le ~d ot~e or ~s ~ent. Termination This Agreement may be terminated by the City by giving Consultant written notice of such termination no fewer that fifteen (15) days in advance of the effective date of said termination. Consultant shaH be entitled to terminate this Agreement only in the case of a material breach by the City, and upon failure of the City to remedy said breach within fifteen (15) days of said notice. ffCity terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. Work is Property of City All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shaH be delivered to City prior to Page 3 - Personal Services Contract ATTACHMENT~ Page ~ of ~ final payment. Consultant reserves the right to use engineering document, photographs and drawings in its ongoing use on other projects absent any City-specific data. IOE 10. Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as it'fully set forth herein. 11: Adherence to Law Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work descn'bed on Exlu~it A, shall be obtained and maintained throughout the term of this Agreement. 13. Attorneys ~'ees In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. 14. Mediation City and Consultant agree that any dispute arising under or related to this Agreement shall be promptly submitted to a mediator agreed to by both parties as soon as such dispute arises and, in any event, prior to commencement of arbitration or litigation. Such mediation shall occur at a place mutually convenient to the parties and the mediation fee and expenses shall be shared equally by the parties who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Page 4 - Personal Services Contract 15. IOE Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date first indicated below. CITY OF WOODBURN R & W ENGINEE~G, INC. GROUP, INC. By:. By: Richard 3ennings, Mayor Date: Date: ATTEST: Mary Tennant, City Recorder City of Woodbum Page 5 - Personal Services Contract JUN-25--99 08159 AM R&W. EHGIHEERIHG EXHIBIT ~) PaQe _.L_ of 5052921422 P. 01 ATTACHMENT~ :IOE page ~ of ~ · 'Engineering Integrated Solutions" 9400 SW Beaverton-Hillsdale HwySuite 250 Beaverton, Oregon 97005-3302 (503) 292-6000 E-mail: dbochsler@rweng.com Fax: (503) 292-1422 CiD' of Woodburn Librar7 HVAC Upgrades Engineering Fee Estimate Summary R & W Engineering, Inc. proposes to provide the services listed for a time and materials fee, not to exceed the following. Preliminary Design Services Final Design Services Construction Administration · $3,000.00 $15,000.00 $4,000.00 Allowance for Architectural/Structural Fees $5,000.00 Billings will be based on actual hours and reimbursables expended at the rates listed in thc rate schedule shown below'. It is the nature of remodel projects that they are unpredictable. The above amounts are estimates based on the best information available to us at this time. We will notify the City as soon as possible, if we anticipate any changes required i these amounts. Work outside the scope of work will not be perfon'ned without your prior written approval HOURLY BILLING RATES GINEER / SENIOR TECItNICIAN ................................................... EN ': ' ....................... . ...$57.00 TECHNICIAN ...................................................................... ::::::::::::::::::::::::::::::::::::::::: ....... $52.00 DRAFTSPERSON ................................................................ . ....... $40.00 CLERICAl ............................................................ PER MILE $ 0.31 MILEAGE ......................................................................... BILLED AT COST, Pl..US 10% OTI IER EXPENSES ...................................................................... .................................................................................................. Expiration Date December 3 l, 1999 July 12, 1999 10F TO: FROM: SUIM-E~: Mayor and City Council John C. Brown, City Administrato~~c~- Aooointment of Chief of Police Recommendation: It is recommended the City Council adopt the attached resolution consenting to the appointment of Paul Null to the position of Chief of Police, and authorizing the City Administrator to execute an employment agreement with Deputy Chief Null. Background: The City Chat,er empowers the City Administrator to appoint and dismiss department heads, with City Council consent. At your last meeting, I informed you of my intention to appoint Deputy Chief Paul Null to the position of Chief of Police. That position will be vacated upon ChiefWdght's retirement on July 31, 1999. I informed you of Deputy ChiefNull's qualifications for the position, and the reasons for my intended appointment. I also indicated an employment agreement between the City and Deputy Chief Null was negotiated, and would be presented to the City Council on July 12, 1999. Discussion: The employment agreement I propose to execute with Deputy Chief Null is attached for your information and approval. Pursuant to the agreement, his tenure as Chief of Police will commence on Ausust l, 1999. The agreement extends for approximately three years, to June 30, 2002, and can be renewed upon mutual consent for a period agreeable to both parties. As an at-will employee, Chief Null can be terminated at any time, with or without cause. Should Chief Null be terminated without cause, he is entitled to four months severance pay. The agreement also dictates ChiefNuil's base salary and benefits, and specifies changes and increases in the Police chief salary structure. Chief Null will be appointed at the "C' step of the salary range that became effective July l, 1999, and will be eligible for advancement to "D' step of the range on January 1, 2000. In addition to the basic salary and benefits, Chief Null is entitled to use a City vehicle, and to City support for ongoing trainin~ continuing education, and participation in professional organizations. The primary purposes of the employment agreement are as an inducement to Deputy Chief Null to accept the Chief's position, to provide a level of security to Chief Null, and to define the conditions under which he will act as Chief of Police. With respect to salary and benefit provisions, they are intended to provide fair compensation to Deputy ChiefNull for his skill, experience, and leadership, and to bring the Chief's compensation more into line with Chiefs in comparable jurisdictions. The agreement Mayor and City Council July 12, 1999 Page Two. IOF provides for review of the Chief's compensation package if the agreement is extended. Comparable cities are listed in the document attached to this report, but do not fully represent the list of those cities currently recognized by the Council as appropriate for comparison. Accordingly, that portion of the agreement will be modified slightly, before execution, to make it consistent with the Council's stated policy. JCB corr cm Stol 1981 RESOLUTION NO. A RESOLUTION CONSENTING TO THE CITY ADMINISTRATOR'S APPOINTMENT OF PAUL E. NULL AS POLICE CHIEF AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT. WHEREAS, the Woodbum City Charter provides that the City Administrator shall appoint a Police Chief with the consent of the City Council; and WHEREAS, Paul E. Null has previously held the position of Police Lieutenant and is qualified for appointment as Police Chief~ and WI~F~REAS, the City Administrator is willing to appoint Paul E. Null as Police Chief subject to the consent of the City Council; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That Paul E. Null is appointed Police Chief by the City Administrator effective August 1, 1999, and said appointment is hereby consented to by the City Council. Section 2. That the City Administrator is authorized to execute an employment agreement with Paul E. Null. / / 7 City Attorney Date Approved: 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 Richard Jennings, Mayor 10F Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1OF AGREEMENT Paul E. Null City of Woodburn Chief of Police TIIIS AGREEMENT made and entered into on this day ofluly, 1999, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City" and Paul E. Null, referred to as "Null", both of whom understand as follows: RECITALS Null is employed as the Chief of Police. 2. The City Administrator has authority to execute this Agreement on behalf of the City. Null desires to enter into this Agreement in order to provide for some security and provide certain definite benefits to Null. The City desires to enter into this Agreement in order to clarify the nature of its employment relationship with Null and to induce Null to continue employment with the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree u follows: 1. DUTIES A. Chief of Polie~. The City agrees to employ Null as the Chief of Police to perform the functions and duties specified in the job description, and perform other legally permissible duties as the City Administrator from time to time may assign. B. Outside Employment. This provision shall not restrict Null from using vacation or personal leave for teaching, consulting or rehted activities, provided these activities do not conflict with regular duties of Null. Null shall receive permission in advance from the City Administrator to engage in these activities to insure that no conflicts exists. A. Duration and Effective Date. The term of this Agreement shah be from August 1, 1999 until the 30~ day of June, 2002. B. At Will Employment. Both parties acknowledge and agree that Null is considered to be an at will employee who may be terminated by the City with or without cause, pursuant to the terms of this Agreement. C. Exclusive Employment. Null agrees to remain in the exclusive employ of the City from the date of this Agreement, until the termination of the Agreement, including any extensions of the Agreement, Null shall neither accept other employment, nor become employed by any other employer until the termination date of the Agreement date of the Page 1 - Employment Agreement - Null IOF Agreement, or until termination is effected as otherwise provided in this Agreement. D. Extention of Agreement. The term of this Agreement may be extended by written consent of the parties for a period of time which is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall be commenced by December 31, 2001. RESIGNATION. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Null to resign at any time from this position with City subject to the provisions of the Agreement. In the event Null voluntarily resigns this position with City before the expiration of the aforesaid term of employment, Null shall give City a minimum of thirty (30) days written notice. COMPENSATION. A. Salary. Effective August 1, 1999, the City agrees to payNull a salary of $5,678.00 per month, Step C of the City's established Police Chief's salary range. On January 1, 2000, alter a finding of satisfactory performance by the City Administrator, Null's monthly salary shall be increased to $5,962.00 per step Step D of the City's established Police Chief's salary range. In each subsequent year Null shall receive the same cost of living adjustment(s) and increased pay adjustment(s) as the Woodburn Police Association, police officer members. Effective August 1, 2000, and each subsequent year, Null shall receive a 5% pay increase. Cost of living increase, pay adjustments, and pay increases granted alter July 1999 will be computed on a base figure, composed of both salary and deferred compensation. A minimum pay differential of 17.5% between the base salary range level for Deputy Chief and the salary range level for Null shall be maintained.. In the event this agreement is extended, and within thirty (30) days of each extension, a compensation study will be conducted comparing salary and city contributions for retirement, deferred compensation, and health insurance of comparable agencies. The comparable agencies are MclVAnnville, Forest Grove, Tualatin, West Linn, Oregon City, Milwaukie, and Newberg. Upon completion of the compensation study the City Administrator and Null will meet and develop a plan to make adjustments necessary to maintain Null's comparability with Police Chiefs from the comparable agencies at the level in existence. Implementation of the plan will occur within (60) days of each extension. B. Health, Welfare, Deferred Compensation, and Retirement. Null shall be entitled to receive the same retirement, holidays, vacation days, annual accrual, deferred compensation, and other fringe benefits and working conditions as they now exist. This is in addition to any other enumerated benefits, specifically set forth in this Agreement. C. Automobile. Null shall receive the exclusive and unrestricted use of an automobile for professional, training and educational activities related to his employment by the City, which is a fully equipped, full size sedan, or comparable vehicle owned by the City. The City shall pay liability, property damage, and comprehensive insurance coverage, and for the operation (including fuels and lubricants), maintenance, and repair. Page 2 - Employment Agreement - Null D. Dues, Subscriptions, and Professional Development. City agrees to budget and pay for the professional dues and subscriptions of Null necessary for the continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Null's continued professional participation, growth and advancement. The City also agrees to budget for and pay the travel and subsistence expenses of Null for professional and office travel, meetings, and occasions adequate to continue the professional development of Null and pursue official functions for City as City deems appropriate, subject to budget constraints of City. Further, subject to budget constraints of the City, City agrees to pay for the travel and subsistence expenses of Null for short courses, institutes and seminars that are necessary for professional development. Such seminars may include but not limited to the annual International Association of Chiefs of Police conference, the Oregon Associations Chiefs of Police Conferences, the Annual International FBI National Association conferences and Oregon FBI National Association conferences. IOF E. Educational Reimbursement. Null shall receive reimbursement for college tuition consistent with City Personnel Manual. e o EXECUTIVE LEAVE. In lieu and in place of the administrative leave applicable to other management employees, Null shall accrue ten (10) executive leave days per year. PERFORMANCE EVALUATION. The City Admini~a~or shall ~valuat~ the performance of Null at least once annually. The evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Null. Further, the City Administrator shall provide Null with a sunumuy written guttement of the findings of the evaluation process provide an adequate opportunity for Null to discuss the evaluation with the City Administrator. TERMINATION AND SEVERANCE PAY. In the event Null is terminated by the City before expiration of the term of his employment agreement and during such time that Null is willing and able to perform the duties under th/s Agreement, the City shall pay Null a lump sum cash payment equal to Four (4) months aggregate salaO, including deferred compensation and health insurance. Severance pay shall be paid within thirty (30) days of the date of termination. TERMINATION FOR CAUSE. If Employee is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this agreement. For the purposes of the Agreement, "cause" is defined as follows: A. Indictment for illegal act. If such indictment does not ultimately result in conviction, then Null shall receive severance pay. ffthe indictment does ultimately result in a conviction, Null shall not receive severance pay; or B. Abandonment by Null of his position as Chief of Police. C. The determination by City that Null has been guilty of fraud, dishonesty or any other act of misconduct in performance of Null's duties on behalf of City. Such determination Page 3 - Employment Agreement - Null e 10. by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the City in force and effect on the date of the alleged misconduct. OTHER TERMS AND CoNomoNs OF EMPLOYMENT. City shall, by amendments to this Agreement, affix such other terms and conditions of employment from time to time as it may determine, relating to the performance of Null with the agreement of Null. The Personnel Manual of the City of Woodburn (the "Personnel Manual") shall apply to Null except where specifically altered, changed or in conflict with the terms and conditions of this Agreement. Notwithstanding any language contained in the Personnel Manual to the contrary, the parties agree that Null is an at will employee and that the City may terminate him consistent with the terms of this Agreement. The terms and conditions set forth in this agreement and relevant provisions of the Personnel Manual of the City of Woodbum represents the complete and entire employment agreement between the City of Woodburn and Null. AH previous implied or expressed agreements are null and void. PROFESSIONAL LIABH,1TY. City agrees to defend, hold harmless and indemnify Null from all demands, claims, suits, actions, errors or other omissions in legal proceedings brought against Null in his individual capacity or in his official capacity, provided the incident arose while Null was acting within the scope of his employment. 10F 11. 12. NOTICE. Any notice required to be given under the terms and conditions of this Agreement, shall be given as follows: City of Woodburn John Brown, City Administrator 270 Montgomery Street Woodburn, Oregon 97071 Paul E. Null, Chief Of Police 310 JanaCourt Woodburn, Oregon. 97071 SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the fights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term of provision. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate and affixed their signatures. CITY OF WOODBURN CHIEF OF POLICE John Brown, City Administrator Paul E. Null Page 4 - Employment Agreement - Null Transcript of a portion of Woodburn City Council meeting of July 13, 1999. COUNCILOR BJELLAND: Mr. Mayor: In listening to the various Councilors positions on the matter I sense that we're all in agreement. I think that the only thing that Councilor Pugh has indicated is a desire to listen to the audience as opposed to some of our positions, so I don't think that there's any disagreement with the underlying intent here other than that perhaps his concern about adding this condition of eliminating the requirement of the applicant for a traffic impact study which is a change from what was originally proposed here. COUNCILOR PUGH: Let me add to that a little bit ifI may. I'm rather happy with IV-6, and I see the intent changing to some degree and once again it's a matter of interpretation. We can interpret ourselves to hell and back and I don't care to do that. And there's where I'm coming from. COUNCILOR FIGLEY: And the reason, primarily, for my motion is given the confusion I would prefer to clarify what I said. The last thing in the world I want to do is be interpreted as saying we're going to make him get a traffic study, where I think we felt pretty comfortable that it probably wasn't necessary. COUNCILOR PUGH: And it didn't say that. The words "ifnecessaof' - it says if we have to address an issue, we will address it, otherwise it goes on. COUNCILOR FIGLEY: Yes .... and if mitigation is necessary, frankly it's my big concern and I just wanted to have it included. COUNCILOR BIELLAND: I guess the point I wanted to make was it appears that we can agree within the Council our position on it and, therefore, from listening to the City Attorney, he advises us not to take testimony unless its evident that we can't agree and that we need to take testimony. If that is the case, then apparently the recommendation is that we should call for a public hearing so that we can take testimony. But I don't feel that we're at that position. MAYOR: Well, time out, let the chair get clear here. What I heard you say is you will not support voting for this ordinance unless we can here from the attorney for Mr. Craig. COUNCILOR PUGH: No, that' not correct. MAYOR: That's not what I heard? COUNCILOR PUGH: I wanted to here. I felt strongly about it. I made clear that I also like IV- 6, as it stands and I see a change coming. I don't necessarily agree with Kathy' s (Figley) motion ...I may vote on that, but at this point we're still fighting it out. But ifI had my preference, I'd leave it alone. COUNCILOR FIGLEY: And that's fair. Bob, I do have a question then for you procedurally. I Page 1 - Partial Transcript of July 12, 1999 Council Meetin8 do understand for the City Charter that if this were, let's say the ordinance...were an ordinance as amended or whatever, were to be voted on and passed 4 to 1, or 3 to 2 for the sake of discussion, it would have to come back for a second vote at the next Council meeting. But what we're talking about now is a motion for amending the ordinance. What is the effect of that, or .... CITY ATTORNEY: No. The Mayor's correct in that basically if you're talking about an ordinance, it needs to be a unanimous vote to pass the ordinance. That's a correct statement. But remember, again, I think you haven't forgotten, but the condition IV-6 was added by staff and it was omitted from the Findings and Conclusions prepared by the developer. So we're at a stage where either if you were to have condition 1V-6 included, or in the case we have now, where Councilor Figiey's proposed a clarifying motion. Either way you're in a position where if that motion passes, if the clarifying motion passes, then just as a procedural point, you're in a position where the Findings and Conclusions are not consistent with that. So basically, the next motion in either case would need to be a motion, in everybody's interest, including the developers, just to make them consistent, you know, to give the staffthe opportunity to make the Findings and Conclusions consistent with your clarif34ng motion. And of course, as a matter of professional courtesy, I'm certain that they wouldn't agree with everything, but when we did that, give a copy of that for input from the developer. I mean at staff stage. Anyway, I hope I've answered that question. The amendment wouldn't require that - the passage of the ordinance, the Mayor's absolutely fight. Basically, if you do not have a unanimous vote, it requires, what it requires, technically, is another reading at another meeting. So, it could either be a special, but if it were in the normal course, he's also correct that it would be at your next meeting. MAYOR: Are you saying that her motion to amend that condition can pass on a simple majority. CITY ATTORNEY: Yes, I am. MAYOR: That's what I wanted clarified in my own mind. COUNCILOR FIGLEY: That's what I was asking also. Thank you. Mr. Pugh does have, I was just about ready to call for the question, but I'm not because Dick (Pugh) has a perfectly valid statement - what' s wrong with voting my motion down and leaving it, letting it stand...with IV-6 as. And I only made it in the interest of clarifying ambiguity for the Council's consideration and, frankly, if a majority of the Council were more comfortable with it as it is, I would have no heartburn over it failing. MAYOR: I would like to, ifI could, speak in favor of your motion. And that is the fact that that's great, but if something were to happen and all of this Council was gone and if those words are in there that it shall not be the developers problem for a traffic impact study, then that's there. If it's not there then it's subject to interpretation of what she meant, down the line by someone else and that makes me uncomfortable. COUNCILOR PUGH: Alright, we started out with a motion and it expanded by a factor of four. Page 2 - Partial Transcript of July 12, 1999 Council Meeting We don't have the words right. I'm willing to listen to the words till we get this sucker (pounded 7) right, and then I'll vote. And I'll vote, probably, with it, but we've got to get those words right. I don't like what happened the second time...we didn't get it clarified, so let's be careful. Let's...that's my only point, Mr. Mayor. I'm not going to be the hard nose here. But...we've got to be right. MAYOR: And I understand that and I think, you know, you guys are tussling with a real problem and I'm glad I don't have to vote, because it won't be a tie. There's only five people here. But, I guess, Dick, then, what the chair would ask you then is, what is it you do not like about Councilor Figley's motion? COUNCILOR PUGH: ... the last words that were stated so we all feel comfortable. COUNCILOR FIGLEY: Okay, alright COUNCILOR PUGH: It's a three-liner by the time we got done here and I couldn't repeat it if my life depended on it. COUNCILOR FIGLEY: Okay, alright. Well, I think the first half of it are we all comfortable with - that the applicants not be required to do any additional traffic impact study, everyone happy with that? (Everyone talking at once) Okay, we're all happy with what I said just then. And that the issue of mitigation of additional traffic impact be deferred to site plan stage, as needed. COUNCILOR PUGH: I love it. Stop right there. COUNCILOR FIGLEY: Okay. Is everyone comfortable that that's what we said? COUNCILOR BJELLAND: I have a question with the "as needed" at the end there because basically, you're going to have to do an analysis to determine whether you need to have mitigation and so you have to do some sort of analysis to determine whether mitigation is required or not. COUNCILOR FIGLEY: Okay, well we can simply, I suggest we simply delete the words "as needed" from that last sentence. COUNCILOR BJELLAND: I would be comfortable with that. Yes. Dick, would you be comfortable with that? COUNCILOR KII.MURRAY: So we wouldn't have "as needed" nor "if necessary"... COUNCILOR FIGLEY: So, is everyone comfortable that that is the motion and I accordingly am amending my motion to say that way. Mr. Pugh, are you... Page 3 - Partial Transcript of July 12, 1999 Council Meeting (Discussion about who seconded the motion) COUNCILOR FIGLEY: I think you and Para seconded it simultaneously. (More discussion about who seconded the motion) COUNCILOR KII.MURRAY: I second it! COUNCILOR FIGLEY: Mr. Mayor, would you call for the question? MAYOR: All of those in favor of the motion signify by saying aye. All those nay. I declare the motion passed. Now we're back to the discussion on the.. COUNCILOR FIGLEY: Well, Mr. Mayor, then I would like to make a second motion, and that is that city staffbe directed to revise the Findings and Conclusions to consistent with the inclusion of condition IV-6 as amended and present the revised Council Bill for final approval at the next Council meeting. COUNCILOR PUGH: Second MAYOR: It's been moved and seconded, is there any discussion? MAYOR: I have a question. Does this motion allow you then, as City Attorney, and the staff, to confer with the developers attorney as to how this should read? You know what the intent of the Council is. CITY ATTORNEY: What I would go by, I think I could speak for the rest of the staff, would be the intent of Council and I would communicate normally with the developers attorney. I mean, what I have to go by though, as I did in laying out your options, is your intent; and, of course, there is always some disagreement; sometimes about what that is. That's why we brought this back to you - to try to resolve. COUNCILOR FIGLEY: My comment, as maker of the motion, is I very much hope you do discuss it. I thinks that's only fair and only right on this involved of a project. MAYOR: What I'm trying to figure out here is a procedural thing. When the Planning Commission does this, they just refer it back to staff'for a new final order. We have opened the Council Bill. We've had the two readings of an ordinance. And once again, I'm not in opposition to your motion, don't misunderstand me, but procedurally, you know, you and I wrote the book on Roberts Rules of Order and I'm trying to figure out, when we make this come in along with the Charter, where do we stand. We've opened an ordinance. Are we, should we in mm now vote on that ordinance and not pass it? Page 4 - Partial Transcript of July 12, 1999 Council Meeting CITY ATTORNEY: No, I don't think you're compelled to do that. You're in a situation, and in fact I'm just trying, of course, MAYOR: We have never been here before. CITY ATTORNEY: Well, I think that rarely have we been in a situation where you've got findings and conclusions that because of the need for you to readdress that condition, findings and conclusions that were prepared by the developer don't match. So it's true that we really haven't had that happen very oRen, but it's very common to take the form of an ordinance, even if I draR the ordinance, and run it by the attorney for the applicant because, of course, the attorney for the applicant can be the one that defends this action, many times, if it's appealed to LUBA. So, in order to try to answer your question, but again, I agree that in terms of your final land use action, you haven't taken one yet. I mean, basically, your final land use action, of course, will be your vote on that ordinance. And if the vote on the ordinance is split, then I certainly agree with Mr. Mayor that you'd have to have it read at, there would have to be another vote at a different meeting - that's what the Charter says. But here you've basically got a motion to amend. You're not subject to the 120-day rule and you've got a concern that you need your staffto make the findings and conclusions consistent with what you've done. MAYOR: My question really is do we have to reintroduce this ordinance where we're sending it back to staffto have something done to it. CITY ATTORNEY: No, I don't think you do. I think it's a technical matter, I mean this is a technical matter, but as a technical matter, we've crossed this bridge before. As a technical matter, when this comes back, this ordinance comes back with findings and conclusions and that's the part that needs work, I mean but when it comes back for you with findings and conclusions, as a technical matter, it wouldn't need to be read at all. Now we read it sometimes and I know the Mayor's crossed this bridge before. We read it for members of the public, so they at least know what the heck we're talking about. But under our procedure, technically, it's like a piece of legislation, it's in front of you, you're basically (as you should), telling your staffthis needs a little bit more work. Please bring back the same ordinance with findings and conclusions that match and we'll look at that and see if it's what we want. So basically, as a technical matter, you're right - it's been introduced, it's been read, it's in front of you. But that still allows you, if the findings and conclusions don't match, to make your motion and make sure that they do match. In fact they need to match, one way or the other. Thank you. MAYOR: Is everybody happy now with where we're at. Then, Mary, would you call the roll please. CITY RECORDER: Councilor Pugh Aye Figley - Aye Page 5 - Partial Transcript of~Iuly 12, 1999 Council Meeting Kilmurray- Aye Bjelland- Aye Chadwick - Aye MAYOR: I declare the motion passed. MAYOR: The next item of business is Page 6 - Partial Transcript of July 12, 1999 Council Meeting City of Woodburn Police Department Staff Report 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: July 12, 1999 ~ Deputy Chief Paul Null Richard Jennings, Mayor City Council Subject: Amplified Sound Permit The Woodburn Public Library has scheduled five "Music in the Park' events this summer at Library Park. The schedule is as follows: Tuesday, July 20t~ Wednesday, July 28"` Tuesday, August 10"` Wednesday, August 18"' Wednesday, August 25t~ The Library is requesting a sound amplification permit on the listed dates from 7:00 to 8:00 p.m. The Woodburn Police Department is requesting City Council to approve the request. Recommendation: The City Council approve a sound amplification permit for Woodburn Public Library for July 20% July 28% Aug 10"`, Aug 18"`, and Aug 25, 1999, from 7:00 p.m. to 8:00p.m., at Library Park. Woodburn Public Library 280 Garfield Street, Woodburn, OR 97071-4698 Ph. (503)982-5252 Deputy Chief Paul Null Woodbum Police Department Woodbum, OR 97071 Dear Chief Null, Woodbum Library has scheduled five Music in the Park events in July and August. The first one is Tuesday, July 20. Each event will have some amplified music from 7 to 8 p.m. The location is Library Park, comer of 1 st and Garfield (the small stage) and all events will be on either Tuesday or Wednesday evening. The dates are July 20, July 28, Aug. 10, Aug. 18 and Aug. 25. We are writing to request a permit for amplified music at library park for the five programs. Yours truly, Programming Librarian Linda Sprauer, Director ......................... (503) 982-5263 Donna Melendez, Cataloging & Reference ........... (503) 982-5257 Judy Brunkal, Reference & Interlibrary Loan .......... (503) 982-5254 Nicolette Wonacott, Circulation & Long Loans ........ (503) 982-5262 Mary Parra, Youth Services ...................... (503) 982-5260 FAX (503) 982-5258 REF. FAX (503) 982-2808 Music in the Park! Woodburn Public Library and The Friends of the Library present Summer '99 "Music in the Park,' at Library Park, corner of Ist and Garfield. Five events are scheduled on the dates below; bring your picnic supper. Punch and cookies provided. Music begins at 7 p.m.! Bring your blanket or lawn chair! JUL Y 20 (Tues): "Molly Bloom,' traditional & contemporary bluegrass music oRon Relaford & his band, back by popular demand! JUL Y 28 (Wed): Members of "The Oregon Old-Time Fiddlers Association" will entertain- one is our own reference fibrarian! AUG. 10 (Tues): Joni Harms, country and western singer from Canby who has made her mark in country music with her successful album, "Cowgirl Dreams." Special sponsorship by American Marine Service (Al Sprauer) and A.C. Appliance (Norm & Marie Allphin) of Hubbard. AUG. 18 (Wed): Dancers from 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. AUG. 25 (Wed):."The Oregon Trail Pitchpiper Chorus" and the "Sweet Adefines' of Canby will sing in harmony. Audience participation on some selections and special songs for children. lark your calcztdar!