The URL can be used to link to this page

Agenda - 06/28/1999e e CITY CO(JNCIL A GEIYDA June 28, 1999 - Z'OO p. m. 270 A4ontgomeoz Street * IVoodburn, Ore qon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Public retirement reception for Leonard VanValkenberg - June 30, 1999 from 2:30 - 4:30 p.m. at City Hall, Council Chambers. B. July 1't - Drums of Fire Band Competition and Show at Legion Park between the hours of 5:00 p.m. and 10:00 p.m. C. July 4t~ Celebration: Chuckwagon Breakfast at Legion Park - 6:00 - 11:00 a.m. Community Celebration at Woodburn High School from 12:00 noon to fireworks at dark. .................................................... .3C D. City office closures for July 42 holiday: All City Offices and Woodburn Public Library will be closed on Monday, July 5th. PRESENTATIONS/PROCLAMATIONS A. Tree Award presented by Oregon Urban Community Forestry Council B. Sewer Use Ordinance implementat/on. COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. C. Woodburn School District COMMUNICATIONS A. Letter from Concerned Business Owners of Highway 214 .................... 6A BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. B. C. D. E. Council minutes of June 14, 1999 ....................................... 8A Recreation and Park Board minutes of June 8, 1999 ........................ 8B Planning Commission minutes of June 10, 1999 ........................... __8C World Berry Center Museum minutes of June 9, 1999 ....................... 8D City insurance renewals for 1999-2000 ................................... 8E Page 1 - Agenda, Woodbum City Council of June 28, 1999. 9. 10. TA~LED Ft~J, SINESS GENERAL BUSINESS Ae De E He J. K. L Council Bill No. 1971 - Ordinance adopting a budget for fiscal year 1999 - 2000, making appropriation & levying taxes ........................ IOA Council Bill No. 1972 - Resolution authorizing the transfer of appropriations within a fund during fiscal year 1998 - 99 ............................... 10B Council Bill No. 1973 - Resolution authorizing the transfer of operating contingency appropriation during fiscal year 1998 - 99 ..................... 10C Council Bill No. 1974 - Resolution declaring the City's election to receive State Revenues during FY 1999-2000 ................................... 10D Council Bill No. 1975 - Resolution calling for a public hearing to be held on July 26 on the annexation of certain property located north and south of Mt. Hood Highway (Hwy.214) east of Front Street ...................... 10E Request for public street closure for Alexandra Court Fourth of July Party ..... 10F Drums of Fire Special Event Permit, request for extension of insurance coverage, street closure and use of sound amplification equipment ........... 10G July 4~ Celebration: request for extension of insurance coverage and use of sound amplification equipment .................................. 10H Sound amplification request from Iglesia de Dios Esmirna for July 2 & 3 ........ 10I Contract award for maintenance building interior framing ................... 10J Contract award for Vanderbeck Wastewater System ....................... 10K Council Bill No. 1976 - An ordinance establishing 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 ......... 10L 11. PUBLIC HEARINGS Comprehensive Plan Amendment 99-01, Zone Map Amendment 99-03 Property located at 515 S. Pacific Highway, Applicant.' Lawrence & Marilyn Paradis ................................. 1 lA 12. 13. 14. 15. 16. 17. PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION A. To consider records that are exempt by law from public inspection, under the authority of ORS 192.660(1)(0 B. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, under the authority of ORS 192.660(1)(h) 18. ADJOURNMENT Page 2 - Agenda, Woodbum City Council of June 28, 1999. I o~ CD ~ 0 0 o1,~1 KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 sw ALDER, SUITE 700 · PORTLAND, OR 97205 · (503) 228-5230 · FAX (503) 273-8169 MEMORANDUM Date: To: From: Project: Subject: June 3, 1999 Woodbum City Council/Planning Commission Alan Danaher, Kittelson & Associates, Inc. Highway 214 Altematives Analysis Materials for June 7 Work Session Project #: 3107 Attached are the presentation materials for the June 7 joint Woodbum City Council/Planning Commission work session on the Highway 214 Alternatives Analysis Study. The materials will brief you on all of the work performed on the study to date, including existing conditions in the Highway 214 corridor, year 2020 traffic proj ections, and the screening-level and detailed alternatives analyses. The intent of the work session is to bring both the City Council and Planning Commission up to speed on the alternatives and impacts that have been identified and evaluated to date, realizing that this study is just the first step in the project development process. No recommended al'ternatives are being identified at this time, just a refined set of alternatives that should be evaluated in a more detailed follow-up Environmental Study, hopefully funded through the State Transportation Improvement Program. That study will continue to include a structured public and agency involvement process. The work session on June 7 will also allow the City Council and Planning Commission to have direct dialogue with ODOT representatives who have been serving on the Technical Advisory Committee for the study, such that you can hear ODOT feelings at this point on access management in the corridor, the timing of the project development process, and the interface of Highway 214 improvements with alternatives being considered by ODOT at the I-5 interchange in a separate study. cc: Randy Rohman/Steve Goeckritz, City of Woodbum Dan Fricke, ODOT Region 2 Gerry Juster, ODOT Preliminary Design Unit Tim Murphy, ODOT Environmental Section Mike Louie, Marion County Gary Katsion, Kittelson & Associates, Inc. Leslie Howell/Marcy Schwartz, CH2MHILL FILE NAME: H:\PROJFILE~3107LM3MII~WCCPCBR. WPD II II II OlJJ~l ~lJnOH I~1Ol L J~gO Jed ~el0lqeA lo Je, qtunN ~(., '.,) ~- ~ NO.LHONO$8 NOO3BO Zed ~elolqeA ,to ,equJnN o 0 o o o 0 o o O. o o o o 0 0 o!J,l.~J.L J[l!~O ~)l~l~jeAV 0 0 o o o 0 0 0 0 0 o!:[eEI ,R:uoed eO- oa.-.etu n IO^ '-o o o o o o 6 OC :mO ~0~ mo ! .D.>' d UJ Z~- X X d <§ d ~0 '-0 . ::.:. ~ ~.. : '~ ~ · :: ..~ : : ~:~ .. ]C,qN tN ~THE FUN, FUN, FUN WOO D B URN 'S 4TH OF JULY C L BRATION featuring "The Best Fireworks £ver" ---6:00 am to 11:00 am --- Start your day with a Chuckwa~on Breakfast at Legion Park sponsored by the French Praide Kiwanis Club --- 12:00 Noon--- Old Fashioned 4th of July City Picnic Bring your family and picnic to the Woodburn High School for an Old Fashioned 4th of July Picnic ~ Games for Ail Ages: Noon - Softball Throw 2:00 p.m. Football Throw 4:00 p.m. Soccer Kick 6:00 p.m. Pifiatas for Children "DUNK TANK"- 10 ¢ a ball HAMBURGERS - 50¢ *** HOT DOGS - 25¢ ,*** PEPSI - 25¢ *** FREE WATERMELON *** --- 6::30 p.m. --- E;ntertainment: Music by" ].T. ~ The Tourists Upstanding music from the 5O's, 60's, 70% 80's, 90's --- 10:00 p.m. --- The Best Fireworks Display Ever Kriegshauser Family 8z Crew Sit back in your easy chair in the field at Woodburn High School and enjoy the show! 6A Concerned Business Owners of Highway 214 Woodburn, Oregon PHONE: 503-981-3060 FAX: 503-682-3786 MEMO TO: WOODBURN CITY COUNCIL MEMBERS WOODBURN PLANNING COMMISSIONER MEMBERS FROM: CBO 214 RE: JUNE 7, 1999 WORKSHOP We would like express our heartfelt thanks to the members of the City Council and Planning Commis- sion who not only understood the concerns of the business community, but came to its defense in the debate regarding a median solution to Highway 214. While we have pushed for an alternative to Highway 214 expansion that does not include a median from I-5 to Oregon Way, we know the final decision will come down to our political leaders. Both City Council and Planning Commission members quickly grasped the severity of the median solution to our business community. For that we are grateful. We look forward to working closely with both the City Council and Planning Commission to ensure the proper solution and its application to Highway 214. Please let us know how we can help you as this debate continues. Sincerely, George Bfice State Senator Marilyn Shannon State Representative Julie Gianella Marion County Commissioner Patti Milne C/O 9450 S.W. Commerce cir., #111 Wilsonville, OR 97070 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 14, 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 Works Director Tiwari, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Wright, Finance Director Gillespie, Public Works Manager Rohman, Management Analyst Smith, City Recorder Tennant Mayor Jennings reminded the public that June 14th is the birthday of the American Flag and he read a short statement he had prepared on the flag's history and for what it stands for in our country. 0097 APPOINTMENTS. A) Woodburn Human Rights Commission. Mayor Jennings appointed the following individuals to serve on this Commission: Term expiration date of December 31, 2002 -- Marilyn Landeen (Ward I), Wendy Veliz (Ward V), and Doyne Deos (at-large) Term expiration of December 31, 2001 -- Florence Jensen (Ward IV), Eliborio Fernandez (at-large), and Scott Summers (at-large) Term expiration of December 31, 2000 m Patricia Garcia (Ward VI), Walter Howell (Ward II), and Alicia Hernandez (Ward m) Additionally, he appointed Scott Summers to serve as Chair and Wendy Veliz to serve as Vice-Chair for this Commission. PUGH/FIGLEY .... appointments to the Woodbum Human Rights Commission be approved. The motion passed unanimously. 8A Page 1 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING ANNOUNCEMENTS. A) Public Hearing: On June 28, 1999, a public hearing will be held before the Woodburn City Council on a proposal to amend the Woodburn Comprehensive Plan Map and change the Zone designation on the Marion County Urban Zoning Ordinance Map (applicant: Lawrence & Marilyn Paradis). B) Buildable Lands Committee meeting: On June 29, 1999, this Committee will meet in the City Hall Council Chambers at 7:00 p.m.. It was noted that the agenda lists June 22nd as the meeting date, however, it has been changed to June 29t~. 0181 PRESENTATION :TREE KICK-OFF CAMPAIGN. Park & Recreation Director Westrick, along with Councilor Figley, unveiled the plaque that will be displayed in City Hall listing the donors/contributors of trees planted at Centennial Park. He stated that special thanks are extended to Oregon Turf & Tree Farms, Woodburn Together, and the Centennial Park Task Force who have contributed trees, volunteer hours, and money towards this project. The public was reminded that they can still purchase a tree with a $150.00 donation. 0236 CHAMBER OF COMMERCE REPORT. Steve Goeckritz, Chamber Board representative, stated that the Chamber has been displaying a several new brochures for visitors to Woodburn such as the 1999 Portland Rose Festival schedule of events, the Oregon Guide to Rural Tours and Experiences, and an Oregon Covered Bridges pamphlet. The Chamber will be co-sponsoring, with Chemeketa Community College, a 6 hour course beginning June 21st for individuals interested in updating their retail skills. Lastly, Business After Hours will be held on June 24th, 4:30 p.m., at Countryside Living which is a new Alzheimer & Dementia care facility in Woodburn. 0300 WOODBURN DOWNTOWN ASSOCIATION. Hazel Smith, representing the Downtown Association, stated that the WDA meets every Wednesday afternoon, 3:30 pm., in the City Hall Council Chambers. Interested citizens are invited to attend these meetings. She also stated that the trees that were planted last fall need to be watered during the summer months and the Association is trying to get assistance from the local businesses and/or the Fire Department to regularly water the trees. In regards to the downtown mural project, they are in the process of obtaining a copy of Silverton's ordinance and, following review of the ordinance, will submit a proposal to the City Council for the purpose of passing an ordinance to protect a mural if the building is sold. Lastly, the WDA will be reviewing a proposal submitted by a local business that would address signage within the City's downtown historical district. Once the WDA edits the proposal, it will be brought before the Council for their consideration. 8A Page 2 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING 0416 CONSENT AGENDA. A) City Council minutes of May 24, 1999 regular and executive session meetings; B) Planning Commission minutes of May 27, 1999; C) Library Board minutes of May 26, 1999; D) Human Rights Commission Rules of Procedures; E) Police Department Activity Report for April 1999; F) Building Activity Report of May 1999; G) Claims for the month of May 1999; and H) Installation of "No Parking" signs in Ironwood at Tukwila. Mayor Jennings informed the Council that within item 8D (Human Rights Commission Rules of Procedures), the reference to "by-laws" has been changed to "rules" in the final draft document. 8A 0472 FIGLEY/PUGH... Items 8A through 8C and items 8E through 8H be adopted, and item 8D be adopted as amended. The motion passed unanimously. COUNCIL BILL 1968 - ORDINANCE AFFIRMING THE DECISION OF THE 0512 WOODBURN PLANNING COMMISSION AND DENYING AN APPEAL, AND APPROVING SITE PLAN REVIEW APPLICATION #99-01 (Applicant: Dr. Patrick Paradis). Council Bill 1968 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 1968 duly passed with the emergency clause. COUNCIL BILL 1969 - ORDINANCE GRANTING A CONDITIONAL ZONE CHANGE ON PROPERTY LOCATED AT 290 GATCH STREET FROM SINGLF, O568 FAMILY RESIDENTIAL (RS) TO MULTI-FAMILY RESIDENTIAL (RM) FOR CONSTRUCTION OF A DUPLEX (Applicant: Orville and Dorothy Krebs). Councilor Chadwick introduced Council Bill 1969. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1969 duly passed with the emergency clause. COUNCIL BILL 1970 - RESOLUTION ENTERING INTO A CONTRACT WITH MARION COUNTY TO PROVIDE FUNDING FOR THE WOODBURN DROP-IN CENTER. Council Bill 1970 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. Director Westrick stated that the City had applied for grant funding for both drop-in Page 3 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 8A TAPE READING centers (Legion and Settlemier Park centers). The County awarded the City with a $20,000 grant which can be used at either facility. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1970 duly passed. 0617 ACCEPTANCE OF EASEMENT: MILL CREEK AND GREENVIEW SANITARY 0630 SEWER FORCE MAINS. Staff recommended acceptance of a revised utility easement from the State of Oregon for placement of a sewer force main on MacLaren School property. FIGLEY/PUGH... accept the utility easement from the State of Oregon as recommended by staff. The motion passed unanimously. CONTRACT AWARD #99-24: SETTLEMEIR AVENUE WATER LINE O658 REPLACEMENT. Bids for the replacement of the water line from Settlemier Park to Arthur Street were received from the following contractors: Dunn Construction, $42,890.00; Sun Quest Construction, $51,710.00; Scharff Bros., $52,000.00; and C.J. Construction Services, $64,909.00. It was noted that the engineer's estimate was $27,995.00, however, after reviewing all of the bids, staff is recommending that the contract be let to the lowest bidder. PUGH/BJELLAND .... award the contract to the lowest responsible bidder, Dunn Construction, on the Settlemier Avenue water main replacement in the amount of $42,890.00. The motion passed unanimously. PUBLIC HEARING: 1999-2000 CITY BUDGET AND 6-YEAR CAPITAL IMPROVEMENT PLAN {CIP). Mayor Jennings declared the public hearing on the 1999-2000 City budget, which includes the State Revenue Sharing budget, open at 7:25 p.m.. Finance Director Gillespie stated that the Budget Committee process is now complete and they have recommended Council consideration of a total budget in the amount of $45,511,081 which included a tax rate levy of $6.0458 per $1,000 assessed value and a levy of $191,160 for bonded debt. Staff has since identified the following three changes that the Council may want to consider and incorporate into the budget: 1) the reduction of the General Operating Reserve Fund by $110,000 which is the amount of the 1998-99 loan to the Parks SDC Fund for the Centennial Park project; 2) since the telephone installation will not be completed until after July 1st, $55,000 in General Fund appropriations and $20, 000 in Technical & Environmental Services appropriations be carried over to 1999-2000 with the revenue source being an increase in each of the beginning fund balances; and 3) for 1999-2000, levy only $83,333 for bonded debt and utilize accumulated cash Page 4 - Council Meeting Minutes, June 14, 1999 TAPE .READING 0930 COUNCIL MEETING MINUTES JUNE 14, 1999 balance to meet anticipated debt service costs. If the above changes are acceptable to the Council, the new budget total will be $45,374,081. No one in the audience commented on the proposed City budget. Mayor Jennings declared the public hearing closed at 7:29 p.m.. Councilor Bjelland suggested that, in the future, the cash balance carryforward is separated out from the revenue totals so that it will be easier to look at the actual percentage increase in on-going operating expenses versus revenues generated. Councilor Pugh complimented staff on the thoroughness of the budget document and expressed his appreciation to the Budget Committee for their work on the budget. Councilor Figley expressed her opinion that this was the most user friendly budget that she has worked with and feels that the public can obtain information from the document without having an accounting background. She reminded the public that a copy of the budget is available at the Library and City Hall. FIGLEY/BJELLAND .... 1999-2000 City budget, which includes the State Revenue Sharing budget, be adopted as presented with the three amendments as proposed by the Finance Director. The motion passed unanimously. PUBLIC HEARING - RECONSIDERATION OF BOONES CROSSING PUD, 8A ANNEXATION, ZONE CHANGE, CONDITIONAL USE, AND VARIANCE. Mayor Jennings declared the public hearing open at 7:34 p.m.. No declarations were made by the City Council. Recorder Tennant read the land use statement required by ORS Chapter 197. Mayor Jennings stated that Councilor Kilmurray was not able to attend this meeting nor will she be at the next regular Council meeting. However, she has agreed to have the Council proceed with this hearing rather than continuing the hearing until a later date in which all Councilors will be present. Mayor Jennings stated that this additional public hearing is being conducted by the City Council specifically to hear and receive additional evidence on the subject of the impact of Brown Street and Settlemier Avenue by this proposed development. He stated that Attorney Shields has advised him that testimony needs to be limited to those two items. Director Goeckritz stated that the Council hearing was held on April 12, 1999 and, following closure of the hearing on that date, the Council voted to deny the applicants request for annexation. Several concerns were raised by the Council relating to the traffic impact and, at the May 10~ Council meeting, the Council passed a motion to reconsider its tentative decision and a new hearing date to address the traffic impact on Brown St. and Settlemier Ave. was set by the City Council for this meeting. He reminded the Council that if they decide to approve the annexation request, they also need to review the zone change, conditional use, PUD, and variances which were incorporated in the Page 5 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING 1600 proposal. He stated that the property consists of 61.9 acres and is located south of Parr Road. He also summarized the applicant's request to develop the property into a Planned Unit Development consisting of single family homes, a multi-family apartment complex, and a neighborhood commercial center of small shops. He also summarized the infrastructure and park improvements to be made which are being made in excess of the system development charges being assessed for this development. Director Goeckritz briefly explained the pavement and sidewalk responsibilities agreed to by the developer as it relates to the connection of Brown Street to the development. A memo from Director Tiwari was included in the agenda packet which detailed the recommendation from public works on the Brown Street connection, right-of-way acquisition, Brown Street paving south of Comstock Way intersection, sidewalk construction along Brown Street, and submittal of engineering plans by the developer. Councilor Figley expressed her concern regarding parking along Brown Street when the street is only 24 foot wide and, if this plan is approved, the Council should consider limiting parking to one side of the street once the street has been improved. Fred Gast, representing Polygon Northwest, expressed his appreciation to the Council for the opportunity to come back to the Council on their proposal. He stated that they have been working with staff to find a solution for not only this property but the impact on the City's transportation system as a whole. He stated that they agree with the extensive findings prepared by staff and confirmed by the Planning Commission. This project will have several phases rather than being built out all at one time which should alleviate the concern that traffic impact will be an immediate change rather than a gradual change. He feels that they have developed a plan to mitigate for their impact and go beyond that to add to the City's infrastructure. In regards to the prices of the homes, he stated that they estimate the price range to be $130,000 to $180,000. No one in the audience spoke either for or against the proposal. Mayor Jennings declared the public hearing closed at 7:56 p.m.. Councilor Bjelland stated that the development seems to be very positive and feels that it would rate high under the proposed .growth management scenario if the point system is adopted. The new conditions would significantly enhance the transportation needs of the area by giving residents in the area a southwesterly exit and, assuming the developers follow through with the types of buildings being presented, it will be a good anchor to ensure quality development in the southeast portion of the City. Councilor Figley stated that she would be changing her vote because the additional improvements to Brown Street. Councilor Sifuentez stated that her main concern is the Brown Street traffic and feels that the additional conditions requiring the improvements to Brown Street will benefit the area. Councilor Pugh stated that he is concern with the City's transportation infrastructure but feels that the conditions will solve some the of his concerns. He also thanked the 8A Page 6 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING 1990 developers for their willingness to continue working toward an agreeable solution on this issue. Councilor Chadwick also expressed her concern regarding traffic impact but felt that the phase-in approach will lessen the immediate impact created by increased traffic. Mayor Jennings complimented the developers on their willingness to contribute more to the project in order to address the Council's concerns relating to Brown Street. FIGLEY/PUGH... staff be instructed to bring back an ordinance approving Boones Crossing annexation g97-08, zone change g97-12, conditional use g97-03, variance g97- 12, and Planned Unit Development subject to the conditions of approval imposed by the Planning Commission and the additional conditions of approval contained in the Public Works Director's memo dated June 9, 1999 and in the Exhibit entitled "Addendum" as presented in this agenda packet. On roll call vote, the motion passed unanimously. 2031 PUBLIC HEARING - GROWTH MANAGEMENT AND ANNEXATION GOALS 8A AND POLICIES. Mayor Jennings declared the public hearing open at 8:06 p.m.. Recorder Tennant read the land use statement required by ORS Chapter 197. Director Goeckritz stated that the Planning Commission held several worksessions on this issue and he summarized the Commission's findings. It was noted that the Commission is recommending that Alternative A as proposed by staff report be modified to remove the 5 year supply criteria since they felt it would be more difficult to administer and would result in a first come-first served basis for developers to annex property. Additionally, they decided to expand on the criteria and, to make it measurable, they developed a point system to the criteria with a threshold that would have to be achieved in order to have property annexed. He reviewed the proposed point system criteria which would require the developer to meet or exceed 75 points in order to be considered for annexation. He also stated that if the total points are less than 75, then the developer can submit an appeal to the Planning Commission and City Council. Director Goeckritz stated that the Land Conservation & Development Commission (LCDC) did receive a copy of the proposal and their comments are included in the staff report. In summary, LCDC did not object to the proposal. Councilor Bjelland stated that the proposal targets density standards and it was noted that a development would require a minimum of 6 residential units per acre thereby keeping the lot sizes at 5,400 sq feet or less. Director Goeckritz reminded the Council that a developer can submit an appeal to the Planning Commission even though they may not meet the minimum points. Further discussion was held regarding the lot size within a development and whether or not a limitation should be set on the number of residential units per acre. Councilor Bjelland also expressed his desire to add income diversification to L12 since he feels it is not only beneficial to provide employment opportunities but those Page 7 - Council Meeting Minutes, June 14, 1999 TAPE READING 0120 0784 COUNCIL MEETING MINUTES JUNE 14, 1999 opportunities provide diversification of incomes so that economic development is encouraged in a variety of income types. He also requested that "margin of choice" as written in Annexation Policies (D-l-1) be defined so that the public knows what this language means. Don Kelley, Attorney representing Dale Baker, expressed his opinion that the City would receive endless requests for exceptions under the point system. He stated that the points established for each criteria are arbitrary and does not feel that the weight given to property abutting existing city limits versus other established criteria givesa balanced set of priorities. He also stated that his client would like to go on record as saying that the Council needs to examine the idea of annexations of residential properties where they can help get the commercial or industrial land that the City needs by freeing up existing property within the city limits for commercial or industrial. He also stated that his client owns property along Butteville Road which is located outside of the Urban Growth Boundary but they are hoping that the property designation will be changed when the City updates its Comprehensive Plan. Further discussion was held regarding the point system. Director Goeckritz stated that point system would be used to test an applicant's proposal at the staff level for the purpose of deciding if an annexation can move forward. The applicant will always have an opportunity to appeal to the Planning Commission and Council if the points are below the established level. Councilors expressed concern on the specific points allotted to each criteria and suggested that staff consider additional criteria to add to the list and create a range of points i.e. 1-10 so that each property can be looked individually as to how it would benefit the City. Discussion was also held on the Council's ability to meet in a workshop on this issue before a final decision is made. PUGH/FIGLEY .... continue the public hearing to July 26, 1999. Attorney Shields stated that the Council will have a conflict in meeting in a workshop setting during the period of time in which the public hearing has been continued since both meetings are open to the public and testimony can be given on the issue. Councilor Bjelland stated that the Growth Management Task Force is looking at densities and it seems premature to be addressing it in the goals and policies before Council has had an opportunity to look at the buildable lands and growth management issues. The motion to continue the public hearing passed unanimously. Mick DeSantis, 173 McLaughlin Drive, encouraged the Council to publicize the next hearing date in which testimony can be given so that individuals directly affected by Council action on growth management and annexation policies will be able to give testimony on the proposed policies. 8A Page 8 - Council Meeting Minutes, June 14, 1999 COUNCIL MEETING MINUTES JUNE 14, 1999 TAPE READING 0840 SITE PLAN ACTIONS. A) Modular Classrooms for Woodburn School District - Mayor Jennings expressed his concern regarding the placement of 5 modular units for classrooms at a total cost of $350,000 when, after the units are no longer needed by the District, the modular units have no value. He requested that Councilor Sifuentez obtain information from the School District on their future needs as addressed in their facilities plan. The Council took no action on the site plan. 0890 MAYOR AND COUNCIL REPORTS. Councilor Sifuentez thanked the Council and numerous members of the community for their support to her and her family following the death of her father. Councilor Chadwick stated that she had attended the Centennial Park dedication and those who did not attend missed a very good program. Councilor Pugh stated that he filed a formal complaint against a property owner who left old furniture along the curb with a "Free" sign on it. He suggested that property owners who want to give away such items challenge the City to help find a means of getting rid of the furniture rather than leaving it at the curb. Councilor Figley stated that she has talked to numerous residents along S. Columbia but she has not finished talking to all of the residents. She stated that she would be trying to talk to the rest of the residents later this month. She also stated that, due to technical problems caught by staff, the Capital Development project is not yet ready for final Council action. Councilor Figley stated that she had the pleasure of volunteering last weekend at the Kmart Kids Race Against Drugs. Approximately $3,300 was donated by Kmart to Woodburn Together, a local anti-drug charity, to continue their work in providing programs designed to promote youth drug prevention. She also thanked the numerous city employees who volunteered their time - Randy Westrick, Brian Sjothun, Key Club members who are also lifeguards at the Aquatic Center, Recreation Program employees - to help with this two-day event. Mayor Jennings stated that he had recently read in the newspaper that Highway 214 had been accepted as a Scenic By-way by the Oregon Transportation Commission. He questioned if federal dollars would now be available for roadway improvements. Administrator Brown that the City still has the commitments to I) provide funding to the VISIT group to assist in purchase of materials, and 2) amend the City's sign ordinance to prohibit billboards and neon signs from the scenic tour route area. Once those procedural steps have been taken, the City would be eligible for funding which may include TEA-21 funds. 8A Page 9 - Council Meeting Minutes, June 14, 1999 TAPE READING COUNCIL MEETING MINUTES JUNE 14, 1999 8A 1120 Councilor Pugh also stated that HB 2082 has passed the House and is now before the Senate. If this bill is approved and signed by the Governor, it will provide the back-up for a $600,000,000 State bond issue which may provide for improvements at the I-5 interchange and Highway 214. He encouraged the local citizens to contact their State Senator and promote passage of this bill. ADJOURNMENT. FIGLEY/PUGH .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, June 14, 1999 MINUTES Recreation and Parks Board Meeting Tuesday, June 8, 1999 Legion Park Drop-In Center 6:00pm CALL TO ORDER The Meeting was called to order at 6:05pm by Chairman Lee Ehrens. ROLL CALL Members Present: Chairman Lee Ehrens, Darryl Kelley, Dorothy Senatra, Debbie Wolfer, Janet Greenwell and Patricia Watts. Members Absent: Frank Anderson Staff Present: Director Randy Westrick, Secretary Shirley Pitt, Recreation Coordinator Brian Sjothun, Parks and Facilities Superintendent John Pitt, Aquatic Manager Kathy Willcox. MINUTES The Minutes of the May presented for review. 11, 1999 Recreation and Parks Board Meeting were MOTION: D. KELLEY: Moved to accept the Minutes of May 11, t999 as submitted. D. SENATRA: Seconded the Motion Motion passed unanimously. BUSINESS FROM THE AUDIENCE At the Meeting were 4 young gentlemen who presented a proposal for a skate board park in Woodburn. Those present were: Nevin Shook, Dennis Valdez, Tifa Kolmogoroff and Ammon Bonham. Ammon and Tifa who were spokesmen for the group told the Board of their need for a skateboard park in Woodburn. They brought information on various skateboard parks and asked the Board to consider helping them to build one in Woodburn. The Board agreed that there was a need for this and told the young men that their proposal would certainly be considered. Randy Westrick told the group that the Mayor and Council were also looking into this for them and with their help, along with the skateboarders and funds this proposal was definitely an issue in the coming months. Chairman Ehrens thanked the group for their proposal and told them to not give up and that the Board would also try and help them. BUSINESS FROM THE DIRECTOR: Director Westrick told the Board that he would be taking nominations for Friends 8B 8B Page 2 Recreation and Parks Board Minutes June 8, 1999 of the Park awards from Staff and Board Members at the July Park Board Meeting. He said that several of the staff had already submitted names and that he would like Board input in July. Randy told the Board that on Friday, June 25t~ there would be a retirement dinner at the Woodburn Elks for Leonard VanValkenburg and Shirley Pitt who were retiring June 30th. Division Reports a. Brian Sjothun, Recreation Coordinator Brian asked for volunteers to assist at the K-Mart Race Against Drugs event held this coming weekend. This event is a very worthwhile and positive event for youth and adults alike. A new pregram will be in the recreation line up this year. Youth Tackle Football begins it's 1999 Inaugural Season in August. This program is for youth in the 5th and 6th gredes and is open to both boys and girls.. The team will compete in the BELT League with home games on Saturday evenings under the lights. 1999 Fall youth Soccer Registrations are being held at the Woodburn Aquatic Center and are filling fast. As always, Brian reminded the Board, volunteers are needed. League begins Saturday, September 11u'. Summer 99 Day Camp begins with "Sports Week" on June 28 and continues throughout the Summer with the final camp held the week of August 2nu. According to sign-ups this will be another great success. Kristi Davidson is back as leader and is working with Brian getting prepared for a great summer. Ann Finch has completed her Spring Dance production program for the year with the program even better this year than last. This program is quickly becoming one of the best in the Department with the children and adults having a great time. Aquatic Center Report, Kathy Willcox Kathy presented a copy of her report to the Board and asked for their input on the swim team issue. There are 4 high school teams using the facility, in addition to the Woodburn Barracudas. The teams include Woodburn High and the Barracudas; Silverton, Molalla and North Marion.The problem comes into pley when the swim teams eliminate lap swim, open and swimming lessons. It also bumps both Water Fitness and evening open swim to a later time. Page 3 Recreation and Parks Board Minutes June 8, 1999 Kathy told the Board that the 3 large swim teams who are currently using what is called "prime time". This is the time between 3:30 and 7:00pm This is the time that children are out of school, and adults get off to work and want to come to the pool. At other times the schedule is for Open Swim until 4:30pm, swim lessons and water fitness between 4:40 and 7:00pm with open swim beginning at 7:00pm. During high school swim season afternoon open swim ends at 3:30pm and resumes at 7:30pm. Water Fitness and lap swim start at 6:45pm and there is no evening swim lessons during swim season. In essence, the facility is not available for anyone other than swim team members between 3:30 and 6:45pm. During the months of November through mid-February, the attendance slacks off at the Aquatic Center. During the holiday season, especially, fewer people use the facility, due to other time commitments. Board Member Debbie Wolfer was concerned with this slack time and asked if maybe it was advertised or marketed differently more people would use it. She felt the winter time when kids are out of school for holiday and have nothing to do the pool would be an excellent outlet for them, if marketed right. Kathy said it is the desire of the staff to increase attendance at the facility, while increasing revenue and maintaining expenditures. If the three teams fro out of town do not use the facility, it will mean less revenue, and less attendance. However, members and those living in town who want to use the facility during prime time are able then to do so.. Kathy asked the Park Board to provide input so that a policy can te set regarding out of town high school swim team use of the Aquatic Center in regards to times of practices, and fees for both practices and meets. This gives staff backing when it comes to those who either complain about the current policy, or ask for more in the way of practice times or less in fees. Some practice schedule options are: Establish practice times for the out-of- town teams (Molalla, $ilverton and North Marion) only in the early morning before school, or late evenings. Practices could be held from 6:00 to 7:00am or 8:30 to 9:30pm. Continue to have the Barracudas and WHS teams practice between 3:30 and 6:30pm. Another option would be to leave practice times for all schools as is; that is during 'prime time" from 3:30 to 5:45pm.. Fee Options are: 1) Charge more to out of town teams, if they wish to practice during 'prime time". Charge the same as in previous years if we offer them the early morning or late evening times; and. 2) Charge out-of- town teams to hold meets. An option would be to charge for staff time from the time of closure to Page 4 Recreation and Parks Board Minutes June 8, 1999 Set-up, until pool opens again for open Swim, which is about 4 hours. Staff cost would be approximately $90 for part-time staff only, or $165 for part- time and management time. The second option for charging for meets would be to base cost of hosting meets on amount of revenue lost, which would be harder to determine, since many people who come in for water fitness classes, lap swim, or just to use the spa are members. The Board suggested a meeting be held with out of district swim team managers and coaches to discuss this with them. Randy suggested that he and Kathy meet with them and bring their findings back to the Board for their input. This will be done in time for the next meeting in July. em Parks Facilities and Maintenance Division - John Pitt, Superintendent John expressed his concern over the rising cost of pool maintenance of equipment. He is concerned that a high cost repair will occur and there will not be money for repair. He reminded the Board that the pool operation is a 24 hour a day operation, thus increasing the break down of equipment probability. John said he would like to see a substantial contingency be set aside in the budget to cover these costs. Trees have been cut and logs sold at Legion Park. John was disappointed with the amount received for the logs, however upon looking at the logs it was understandable. The revenue will be partially used to re-forest the site, it will not be with the same kind of trees that were removed, but with some that are compatible with the area. Vandalism is at an all time high again this summer. Vandals hit Legion Park Drop-In Center three times in the last month and the Stadium restroom area ceiling kicked out. Settlemier has seen it's share of vandalism with table cut up and electrical outlets and light bulbs destroyed and broken. Nelson, Burlingham and other parks have been hit as well. Phase I at Centennial is almost complete and looking good. John is anxious to have the crew begin to bring the other parks up to parr and is anxious to hire another Utility II to help with the work. In-house recruiting will begin soon and the employee hopefully will start the first of July. The crew is busy getting ready for the Chuckwagon Breakfast, Drums of Fire and the Fiesta all slated to begin soon. 8B Page 5 Recreation and Parks Board Minutes June 8, 1999 John said he had been asked to start work on the Bank Building but had to decline because of Parks heavy work load. John said he and his crew had enough work in their own division to keep them busy non stop all summer without taking on another project in another division. Also, the Police Department is requesting additional custodial support for the District Court and this too is impossible as two new city buildings have been added to an already overworked custodial crew. The additional manpower that had been requested was cut from the Budget this year. ADJOURNMENT At 8:35 the meeting adjourned to tour Legion Park and buildings. It is the plan of the Park Board to hold meetings in the Parks in order to be more familiar with the concerns and needs of the Division. The next meeting will be held at Settlemier Park where the same tour will be taken. NEXT MEETING DATE Tuesday, July 13, 1999 at 6:00pm in Settlemier Park. DRAFT WOODBURN PLANNING COMMISSION June 10, 1999 8C CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Will P Commissioner Lawson A Commissioner Gunderson A Commissioner Lima P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Steve Goeckritz, Community Development Director Staff reported that Commissioner Lawson is still recuperating. MINUTES Commissioner Lonergan moved to accept the May 27, 1999 minutes as presented. Commissioner Bandelow seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS Staff reported that he received a letter from the School District responding to the issues regarding to the sanitation and health of the portable restrooms. A copy of the letter was provided to the Commission. GUEST SPEAKER A. Frank Tiwari, Public Works Director, Question & Answer Session Chairperson Young thanked Frank for attending the meeting. He asked Frank if it is so technically difficult that the progression of the Mill Creek Force Main Station is taking forever to complete? Frank Tiwari explained that the initial subcontractor has been discharge and that there is another subcontractor working on the project. He added that initially the project was to be completed some time ago but that it was Public Works preference that the work be done in good weather rather than in the winter. Frank also explained that the main goal is that when the winter flow arrives that the next 24 inch line that is being placed is operational. Commissioner Lonergan requested that Frank provide a little history as to how long he has been here, improvements that he has seen and some improvements that haven't happened. Planning Commission Meeting - June 10, 1999 Page 1 of 6 Frank Tiwari explained that he started out in Seattle as a bridge design engineer. He 8C obtained a scholarship from the American Public Works Association and he went on to acquire a Masters Degree in Management and Civil Engineering at Pittsburgh University. Frank stated that upon his return to Seattle he was placed in a Management and Planning position. He then happened to apply for a position with the City of Woodburn that was more in line with what he was trained for. Frank said that he has been with the City of Woodburn for 24 enjoyable and challenging years and that his main goal has always been to look at what is going to be best for the City long term. Commissioner Lonerqan questioned Frank as to what his feelings on either options, alternatives or a median regarding Highway 214 were? Frank Tiwari replied that we have to look from the perspective as to what is needed now, what will work best and what is the long range solution. Commissioner Bandelow requested clarification regarding the Army Corp of Engineers wanting to review the filling in of the ditch behind Lincoln and French Prairie School between there and Henry's Farm. Frank Tiwari explained that the Corp of Engineers are involved when there is an intermittent stream or wetlands and are tributary to the National Waterways. He added that the second step towards accomplishing this project will be to acquire $3,400 (as established by Council) per property for easements. Meetings with property owners will be set up as soon as a green light is obtain from the Corp of Engineers to explain the process and how the City arrived with the dollar amount. Vice Chairperson Cox inquired how to get ODOT & Kittelson to back off a bit regarding left turn and driveway limitations without alienating them? Frank Tiwari responded that the best is that you obtain honest opinions and judgements of professionals and then balance it out. Commissioner Lima questioned whether the south side of Highway 99E would be remodeled as was done on the north side? Frank Tiwari reported that an environmental assessment was done for the entire project and at that point the business community in the south area objected to having the improvements from the south city limits. At that time, State was willing to go through and get the improvements done at that point. He added that he does not believe that these improvements will happen in the near future because time has passed and resources have dwindled. Commissioner Will asked if the Wastewater/Sewer rates will be coming up for review for increase any time soon? Frank Tiwari said that he does not believe that there will be any rate increases for at least two years. He added that there will probably be some review done for retirement of the bonds but he does not foresee a drastic increase in rates. Planning Commission Meeting - June 10, 1999 Page 2 of 6 Commissioner Will also inquired what the water situation will be in the future? 8C Frank Tiwari reported that the City has enough water for the next 20 years. There is a need for more wells and storage capacity. In the year 2002-03 there will be serious efforts made regarding the 2 million gallon storage tank reservoirs and the treatment of iron and manganese. Commissioner Will referred to the outlet stores grand opening date and questioned what the status is regarding the signal lights on Woodland and 214, the extra road coming off the freeway and the four lanes on the overpass? Frank Tiwari stated he noticed this afternoon that they were digging for the foundations for the poles. The schedule was that it should be installed but that he is not 100% sure that if will be functional by July 15th or July 23rd. He added that they are working on pouring concrete for curbs on Arney Rd. Hopefully by June 15th we will have permission from Division of State Lands and Army Corp of Engineers to be able to work in the wetlands area. Frank also reported that stripping for the four lanes on the overpass will be done before the opening. Commissioner Will inquired whether the sidewalks on the north side of Hazelnut will be completed? Frank Tiwari explained that at the time the road and sidewalk on the south side of Hazelnut was put in was when they were trying to build the bridge. The bridge was the key to be able to accomplish and construct it and have it paid by the property owners. A compromise was then made that one side sidewalk be put in. PUBLIC HEARING A. Variance 99-05 Woodburn High School, Sinage. Staff read applicable ORS statement and made presentation as reflected in the Staff Report. Staff recommended approval of the sign Variance. Commissioner Mill asked what the sign ordinance says with respect to electronic issues? Staff explained that the ordinance does make allowance for electronic signs as long as they are not flashing, moving and/or glaring types of sinage. It is Staff's understanding that their sign is electronically controlled and that messages will be stationary. Commissioner Mill expressed his concerns regarding the ramifications and unintended consequences of the decision to allow this type of sign. Staff recommended that for procedural purposes the two cases be split. Commissioner Will referred to Attachment A, item 5 of the Staff Report and inquired what are the issues that need to be addressed. Staff responded that when they did the addition there were uncompleted sidewalks. ~/ice Chairperson Cox questioned if this sign will be in the same general location as the Planning Commission Meeting - June I0, 1999 Page 3 of 6 existing sign? He pointed out that a condition be made stating that the existing sign will 8C be taken down. Staff replied that the sign will replace the existing sign. Chairperson Young suggested that we consider conditions like non-moving message, limit amount of the illumination and size standard in order to address the concerns regarding the electronic sign. Commissioner Mill moved to separate Site Plan 99-09 from the Variance 99-05 and ask Staff to go back and redirect for legal opinion for conditions regarding illumination, size and motion and that we separate it to be brought at next meeting. Vice Chairperson Cox seconded the motion, which carried. FINAL ORDER None DISCUSSION ITEMS A__~. Site Plan Review 99-09 Woodburn High School Ballfields and Concession Stand Incorporated with the Variance 99-05 Staff Report. Vice Chairperson Cox moved to accept StafFs approval of Site Plan Review 99-09. Commissioner Will seconded the motion. Motion carried. B. Site Plan Review 99-05 Unocal 76 Station, Adjacent to Oil Can Henry's. C---ommissioner Lima expressed his concerns regarding the potential congestion that will occur from Bi-Mad, Shop-N-Cart plus the pedestrian traffic if this project is accepted. He felt that it is very difficult for him to accept this project because we are puffing a high volume service station in an area that is already congested. Commissioner Bandelow requested that Staff point out the traffic flow. Staff reported that the radius as preliminarily reviewed by ODOT is adequate to be able to accommodate the swing of the larger trucks onto the site. Commissioner Mill inquired whether BiMart has been contacted regarding this project? Staff replied that they had. Chairperson Young remarked that the trucking community has been discouraged from Using the driveway that goes into the current BiMart property as an entrance into the shopping center. INFORMATION WAS NOT RECORDED FROM THIS POINT. Commissioner moved and Commissioner motion to hold a De Novo hearing on SPR 99-05 Unocal 76 Station. seconded a Planning Commission Meeting - June lO, 1999 Pa~e 4 of 6 Minor Partition 99-03 Joseph Labansky, Jr., 1645 W. Hayes Street. To be presented at next meeting. 8C REPORTS A.~. Handouts: 1. Planning Commission Training Manual 2. Marion County Housing Authority / Market Study B__~. Building Activity for May 1999 BUSINESS FROM THE COMMISSION Commissioner Mill inquired whether there is anything that the Commission can do to mitigate the problem with shopping carts being left over in the east side of town? Staff responded that nothing can be done as a Commission but as a Staff person he can discuss the issue with the Police Department Code Enforcement. He explained that over the last few months they have become very responsive to Commission, Council and other people's requests. Commissioner Mill also remarked that the fence between the Scott property and the back side of Shop-N-Cart has been completely peeled off. Staff will contact Shop-N-Cart regarding the fence. Commissioner Lima inquired whether there is a building permit fee to build a fence? Staff replied no as long as the fence is under 7 feet high. Commissioner Bandelow referred to the traffic report that was presented the other night regarding a pedestrian overpass for the high school and asked if anyone looked into doing something like this further up more in line with where the driveway is rather than down where they are cutting threw? She expressed her concerns with the pedestrians i.e. mothers with children and school kids walking alongside the street and the dangers posed. Staff reported that these alternatives have been looked at in the past with the School District, the City and ODOT. Vice Chairperson Cox thanked Staff for following up with the School District and obtaining a letter from them. He remarked that we either amend the ordinance regarding sanitary sewage or enforce it. He suggested that the existing ordinance perhaps be amended to say that you may have portable toilets for not more than 1 week without permit but longer than that you must secure a permit. On the health and safety situation, the toilets should not be open 24 hours a day, 365 days a year in secluded areas. Commissioner Mill suggested that perhaps state "compatible municipal entity or compatible public service entity would be exempt from fee". Staff will speak with Frank Tiwari as to how he would like to address this issue. Planning Commission Meeting - June I0, 1999 Page 5 of 6 Commissioner Lonergan requested that Staff have Frank check the State Ordinance for'"'" food service because there have been concession stands out at the school with no place to wash your hands. Chairperson Young said the landowner of the vacant property across the street from Safeway needs to take care of that land. Staff stated that Code Enforcement issues approximately 300 letters regarding high grass. Staff will follow-up with them. ADJOURNMENT Commissioner Will moved to adjourn the meeting. motion. Motion carried. Commissioner Lima seconded the Planning Commission Meeting - June 10, 1999 Page 6 of 6 8D accepted #o correspondence t~a~ ~eard. Foa. ,~.ac/a o? a ~uoa. um dLac~.~a~Lon.~ only ~,e,.e ~ed ~.x ~o ~ to ~. /~t~cu~.~aon on cate. nda~ . ~oaat~t~t/~ of ~ ada per ~ou~.d a~o~ fo~ ~ conirL~uto~.% ~ut [ac~ o~ coopetaiLon doe.~ not a~low ~ufffkcLent /Lme to ~et. t~e adve~t.L.er, and ca~endar.t.2 ]t L~ not ffaLr to t~e adve~iL~e~.~ Lff en~Lre p,~tniZn,¢ cannot ~e ,~ent to cktt~en~. #o ac'i. Lon can ~e. ta/een. 7~an/e~ t.o I/ance~ t~e bL~,d~ Aave ~een dL~cou~a~ed ~om 3uk/dkn,~ /~eL~ ne~t., above tAe [~ont wLndow~ and tAe 'c~appLn~' on ~Ae wLndow~. ~o iAe Cti~ of (~Yoodl~urn couZd appoini iAetr o~n board. ea~Lma~ed value o~ 5'7~000 [o~ '[~e i.~e& ~ JndLan ~o~.~ec~on, 5. /)}eettnF wa4_ adjourned at 2:/0 be .~]ud.~ lZt~ I~ClCl MEMO TO : THROUGH : FROM : DATE : SUBJECT : Mayor and City Council .~/ City Administrator Brown Mary Tennant ~ June 23, 1999 Liability, Auto, Property, and Workers' Compensation Insurance Renewals for 1999-2000 8E Recommendation: Approve continuation of insurance coverages for fiscal year 1999-2000 through City County Insurance Services for liability, auto, property, and workers' compensation (retrospective plan). Background: Insurance quotes were obtained by Huggins Insurance (City's Agent of Record) for the above listed coverages. This year, quotes for liability, auto and property insurance were received from City County Insurance Services (CIS) and Northland Insurance, both of which are reputable firms providing insurance programs to public entities throughout Oregon. Insurance coverage limits differ between the two companies and, as a result, there is a cost difference that must be considered. Looking back at the types of claims we have had in past years, the monetary reimbursement we received on losses to city property, and the coverage limits, the CIS program continues to provide us with broader coverage for unanticipated claims. Additionally, CIS continues to give participating entities a Distribution Credit based on declared surplus proceeds of the Trust. For policy year 1999-2000, our share of the credit amounts to $23,660.69 thereby reducing the City's annual cost for liability, auto, and property insurance to $97,481. It should be noted that the Northland quote is about $8,900 less than the CIS quote, however, coverage limits are an important factor in deciding which insurance program would best serve the needs of our community. In regards to Workers' Compensation insurance, quotes were submitted by CIS and SAIF. In reviewing the quotes, the CIS program clearly provides the City with more program options that would potentially minimize our cost for this coverage. In the past, the City participated in a guaranteed plan with a $35,000 deductible, however, a retrospective plan is being offered by CIS which could provide increased savings over a guaranteed plan. Under the retrospective plan, assuming our 1 O-year average loss of $27,000, the City will pay approximately $60,000 for workers' compensation insurance which is an approximate savings of $16,000 from the SAIF guaranteed plan. IOA MEMO To~ From: Date: Subject: Mayor and Council Ben Gillespie, Finance Director tr~ou~h ~ John Brown, City Administrato~/~'1 x28'/ June 24, 1999 Adoption of 1999-2000 Budget and Tax Levy Recommendation: That the Council approve the attached ordinance adopting the budget and levying taxes for the year 1999-2000 Background: At its last meeting the Council opened the hearing on the 1999-2000 budget and approved a budget totaling $45,374,081. To complete the process the Council will need to approve an ordinance adopting the budget and levying taxes. The budget approved by the Council included three changes from the budget recommended by the Budget Committee: The budget for the General Operating Reserve Fund was overstated by the amount of the 1998-99 loan to the Parks SDC Fund for the construction of Centennial Park ($110,000). In the 1999-2000 Budget, Beginning Fund Balance and Unap- propriated Balance should be decreased by that amount. Installation of the telephone system will not be completed by June 30 due to construction delays on the City Hall Annex. The cost of the unfinished portion is $75,000. The General Fund and the T & E Fund are affected. In the General Fund, Beginning Fund Balance should be increased $55,000 and Non-depart- mentfrelephone System should be increased a like amount. Likewise in the T & E Fund, Beginning Fund Balance and PW Administration/Telephone System should each be increased $20,000. Because of cash accumulated in the Bonded Debt Fund over the last several years, the full amount of next year's debt service for the Pool Bonds does not need to be levied. A realistic Ending Fund Balance for this fund is 50% of the coming year's total debt service. If that formula is applied here, the bond levy can be reduced to $83,333. In 2000-2001 and thereafter the levy will return to a level around $190,000. To reflect the change, Property Taxes-Current and Unappropriated IOA Balance should each be decreased by $102,000. At this time management recommends one additional change. Earlier this year monies had been returned to the Water and Sewer SDC Funds, when it was determined that SDC Funding was inappropriate for PW maintenance facilities. The intention was to adjust the budget as part of the comprehensive budget revision. A closer review of the pertinent state law revealed that it is not allowable to use contingency to pay for a transfer from one fund other than the General Fund to any other fund. Consequently the transfers have been reversed in 1998-99 and will be made in 1999-2000. The attached ordinance provides the budget appropriations to return SDC monies used to purchase maintenance facilities to the Water and SDC Funds. Specifically those changes from the Budget Committee's recommendation are: Water Fund-Beginning Fund Balance Water Fund--Transfer to Water SDC $30,000 $30,000 Sewer Fund-Beginning Fund Balance Sewer Fund-Transfer to Sewer SDC $37,500 $37,500 Water SDC Fund-Transfer from Water Water SDC Fund-Beginning Fund Balance $30,000 $30,000 Sewer SDC Fund-Transfer from Sewer Sewer SDC Fund-Beginning Fund Balance $37,500 $37,500 Financial Implications: If these three changes are incorporated into the budget, the Adopted Budget will total $45,441,581. The operating levy will be $6.0458 per $1,000 of assessed valuation, and the debt levy will be $83,333. IOA COUNCIL BILL NO. ORDINANCE NO. 1971 AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1999-2000, MAKING APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the budget for fiscal year 1999-2000 is hereby adopted as set forth below. Section 2. That taxes provided for in the adopted budget are imposed at the rate of $6.0458 per $1,000 of assessed value for operations and in the amount of $83,333 for bonds; and that these taxes are hereby imposed and categorized for tax year 1999-2000 upon the assessed value of all taxable property within the City. General Excluded from Government the Limitation Tax Rate - General Govt. Operations Bonded Debt $ 6.0458/$1,000 $ 83,333 Section 3. That the budget amounts for fiscal year 1999-2000, and for the purposes shown below, are hereby appropriated as follows: GENERALFUND--- City Council and Mayor Livability Program City Administrator's Office Interfund Transfer - Inform. Systems Fund Municipal Court/City Recorder's Off. Interfund Transfer - Inform. Systems Fund City Attorney's Office Interfund Transfer - Inform. Systems Fund Finance Department Interfund Transfer - Inform. Systems Fund Building Maintenance Division Non-Departmental - Materials & Services Non-Departmental - Capital Outlay Interfund Transfer -R.S.V.P. Interfund Transfer - Street Fund Interfund Transfer - General Fund CIP 10,808 3,870 153,728 3,150 88,579 2,100 51,505 1,050 105,100 8,400 111,869 37,546 55,000 20,831 180,000 224,000 Page 1 - COUNCIL BILL NO. ORDINANCE NO. IOA General Fund (continued) Police Department Interfund Transfer - Inform. Systems Fund Library Interfund Transfer - Inform. Systems Fund Parks Maintenance Leisure Services Swimming Pool Parks Administration Interfund Transfer - Inform. Systems Fund Planning Interfund Transfer o Inform. Systems Fund Building Division Operating Contingency TOTAL GENERAL FUND APPROPRIATIONS GENERAL OPERATING RESERVE FUND --- Operating Contingency TOTAL GENERAL OPERATING RESERVE FUND TRANSIT SYSTEM FUND -- City Transit System Interfund Transfer - Transit/DAR Eqp. Repl Fd Interfund Transfer - Inform. Systems Fund Dial-a-Ride Program Interfund Transfer - Transit/DAR Eqp. Repl Fd Operating Contingency TOTAL TRANSIT SYSTEM FUND APPROPRIATIONS SEARCH AND SEIZURE FUND --- Materials & Services 2,587,706 21,000 758,511 26,250 439,998 183,301 365,421 188,202 5,250 329,631 4,200 197,169 518,000 $ 100,000 $ 106,736 9,000 2,100 84,506 3,000 4,658 TOTAL SEARCH & SEIZURE FUND APPROPRIATIONS 28,500 $ 6,682,175 $ 100,000 $ 210,000 $ 28,500 STATE REVENUE SHARING FUND --- Materials & Services Capital Outlay Interfund Transfer - Transit/DAR Eqp. Replc. Fund Interfund Transfer - Street Fund 38,000 55,400 10,000 40,000 TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS Page 2 - COUNCIL BILL NO. ORDINANCE NO. $ 143,400 IOA HOUSING REHABILITATION FUND --- Materials & Services Capital Outlay Operating Contingency $ 26,500 276,000 58,500 TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS RETIRED SENIOR VOLUNTEER PROGRAM FUND --- Personal Services Materials & Services $ 74,213 17,007 TOTAL R.S.V.P. FUND APPROPRIATIONS CABLE FRANCHISE MANAGEMENT FUND --- Materials & Services Operating Contingency $ 22,400 16,200 TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS $ 361,000 91,220 38,600 STREET FUND --- Street Repair & Maintenance Street Cleaning Non-Departmental - Materials & Services Interfund Transfer - Inform. Systems Fund Interfund Transfer - Tech. & Envir. Serv. Fd Interfund Transfer - Pub. Wrks Const. Fund Interfund Transfer - Street Equip Repl Fund Operating Contingency TOTAL STREET FUND APPROPRIATIONS CITY GAS TAX FUND --- Materials & Services Capital Outlay TOTAL CITY GAS TAX FUND APPROPRIATIONS $ 714,586 60,179 47,850 3,150 150,000 20,000 15,000 18,669 $ 6,800 140,000 $ 1,029,434 $ 146,800 BONDED DEBT FUND --- Debt Service - Principal Debt Service - Interest TOTAL BONDED DEBT FUND APPROPRIATIONS $ 105,000 69,000 $ 174,000 Page 3 - COUNCIL BILL NO. ORDINANCE NO. ECONOMIC DEVELOPMENT REVOLVING LOAN FUND --- Materials & Services $ 39,233 TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT FUND --- Capital Outlay $ 229,000 Interfund Transfer - PW Shop Construction Fund 28,000 TOTAL GENERAL FUND CAPITAL IMPROVEMENT FUND SPECIAL ASSESSMENT FUND --- Materials & Services Capital Outlay Street CIF Loan - Interest $ 101,500 1,262,400 20,000 TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS STREET/STORM CAPITAL IMPROVEMENT FUND --- Materials & Services Capital Outlay Operating Contingency $ 35,000 1,358,000 39,717 TOTAL STREET/STORM DRAIN C.I.F. APPROPRIATIONS PARK & RECREATION CAPITAL IMPROVEMENT FUND --- Centennial Park Project Debt Service - Centennial Park Loan $ 62,148 27,852 TOTAL PARK & RECREATION C.I.F. APPROPRIATIONS INFORMATION SYSTEMS FUND --- Materials & Services Capital Outlay Operating Contingency 68,600 31,000 18,650 TOTAL INFORMATION SYSTEMS FUND APPROPRIATIONS TRANSPORTATION IMPACT FEE FUND --- Materials & Services Capital Outlay Operating Contingency $ 310,000 1,624,600 30,400 TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS Page 4 - COUNCIL BILL NO. ORDINANCE NO. 39,233 257,000 $1,383,900 $1,432,717 $ 90,000 $ 118,250 $1,965,000 10A IOA ECONOMIC DEVELOPMENT REVOLVING LOAN FUND --- Materials & Services $ 39,233 TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT FUND --- Capital Outlay Interfund Transfer - PW Shop Construction Fund $ 229,000 28,000 TOTAL GENERAL FUND CAPITAL IMPROVEMENT FUND SPECIAL ASSESSMENT FUND --- Materials & Services Capital Outlay Street CIF Loan - Interest $ 101,500 1,262,400 20,000 TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS STREET/STORM CAPITAL IMPROVEMENT FUND --- Materials & Services Capital Outlay Operating Contingency $ 35,000 1,358,000 39,717 TOTAL STREET/STORM DRAIN C.I.F. APPROPRIATIONS PARK & RECREATION CAPITAL IMPROVEMENT FUND --- Centennial Park Project Debt Service - Centennial Park Loan $ 62,148 27,852 TOTAL PARK & RECREATION C.I.F. APPROPRIATIONS INFORMATION SYSTEMS FUND --- Materials & Services Capital Outlay Operating Contingency 68,600 31,000 18,650 TOTAL INFORMATION SYSTEMS FUND APPROPRIATIONS TRANSPORTATION IMPACT FEE FUND --- Materials & Services Capital Outlay Operating Contingency 310,000 1,624,600 30,400 TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS Page 4 - COUNCIL BILL NO. ORDINANCE NO. 39,233 257,000 $1,383,900 $1,432,717 $ 90,000 $ 118,250 $1,965,000 IOA STORM WATER SYSTEM DEVELOPMENT FUND --- Materials & Services Capital Outlay Operating Contingency 195,000 403,000 82,600 TOTAL STORM WATER SYS DEVLP. FUND APPROPRIATIONS PUBLIC WORKS SHOP FACILITY CONSTRUCTION FUND --- Capital Outlay Operating Contingency $ 210,572 55,000 TOTAL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS SEWER CAPITAL IMPROVEMENT FUND --- Materials & Services Capital Outlay Operating Contingency 47,860 225,000 12,140 TOTAL SEWER C.I.F. APPROPRIATIONS SEWER TREATMENT CONSTRUCTION FUND --- Sewer --- Plant Sewer - Collection Line $15,149,121 2,771,967 TOTAL SEWER TREATMENT CONST. FUND APPROPRIATIONS 680,600 $ 265,572 $ 285,000 $17,921,088 WATER SYSTEM CONSTRUCTION FUND --- Materials & Services Capital Outlay $ 30,000 402,900 TOTAL WATER WELL SOURCE/DIST. CONST. FD APPROPRIATIONS WATER FUND --- Water Administration Meter Reading/Accounting Misc. Water Accounts - Materials & Services Interfund Transfer - Tech. & Envir. Serv. Fd Inteffund Transfer - Water Equip. Repl Fd Interfund Transfer - PW Shop Construction Fd Interfund Transfer - Information Systems Fund Operating Contingency 866,623 153,185 27,500 225,000 30,000 60,000 2,100 30,157 TOTAL WATER FUND APPROPRIATIONS $ 432,900 $1,394,565 P~e5-COUNCILBILLNO. ORDINANCENO. ' , IOA WASTEWATER TREATMENT PLANT FUND --- Treatment Plant Operations Sewer Line Maintenance Misc. WWTP Accounts - Materials & Services Interfund Transfer - Tech. & Envir. Serv. Fd Inteffund Transfer - Water Fund Interfund Transfer - WWTP Equip Repl Fund Interfund Transfer - PW Shop Construction Fd Inteffund Transfer - Information Systems Fund Operating Contingency $ 964,758 231,300 30,050 245,000 60,000 75,000 52,500 7,350 45,180 TOTAL WASTEWATER TREATMENT PLANT FUND APPROPRIATIONS WATER SYSTEM DEVELOPMENT TRUST FUND --- Materials & Services Capital Outlay Operating Contingency 80,000 768,000 182,000 TOTAL WATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS SEWER SYSTEM DEVELOPMENT TRUST FUND --- Materials & Services Capital Outlay Inteffund Transfer - Sewer Const. Fund 55,000 100,000 810,000 TOTAL SEWER SYSTEM DEVELP. TRUST FUND APPROPRIATIONS CENTRAL STORES WORKING CAPITAL FUND --- Materials & Services $ 20,000 TOTAL CENTRAL STORES WORKING CAP. FUND APPROPRIATIONS SELF-INSURANCE FUND --- Personnel Services Materials & Services Operating Contingency 14,800 297,800 125,214 TOTAL SELF-INSURANCE FUND APPROPRIATIONS $1,711,138 $1,030,000 $ 965,000 $ 20,000 $ 437,814 P~e6-COUNCILBILLNO. ORDINANCENO. IOA TECHNICAL & ENVIRONMENTAL SERVICES FUND --- Public Works Administration Engineering Division Interfund Transfer - Information Systems Fund. Central Garage Operating Contingency $170,608 622,924 9,450 63,084 33,246 TOTAL TECH. & ENVIRONMENTAL SERV. FUND APPROPRIATIONS BUILDING MAINTENANCE Personnel Services Materials & Services $ 61,612 235,419 TOTAL BUILDING MAINTENANCE FUND EQUIPMENT REPLACEMENT FUND --- Water Equipment Replacement - Cap. Outlay Sewer Equipment Replacement - Cap. Outlay Street Equipment Replacement - Cap. Outlay Transit Equipment Replacement - Cap. Outlay $ 171,279 176,811 149,561 138,970 TOTAL EQUIPMENT REPLACEMENT FUND APPROPRIATIONS I,IBRARY ENDOWMENT FUND --- Operating Contingency $ 97,750 TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS TOTAL APPROPRIATIONS -- ALL FUNDS UNAPPROPRIATED REQUIREMENTS: General Fund: Unappropriated Balance General Fund Operating Reserve Fund: Unappropriated Balance Bonded Debt Fund: Unappropriated Balance Bancroft Bond Fund: Unappropriated Balance Economic Development Revolving Loan Fund: Loan Repayment Reserve General Fund Capital Improvement Fund: Fund Balance Reserve - Police Fund Balance Reserve - Building $ 89,825 276,852 113,000 5,500 450,767 60,000 15,000 Page 7 - COUNCIL BILL NO. ORDINANCE NO. $ 899,312 $ 297,031 $ 636,621 $ 97,750 $41,365,620 IOA Information Systems Fund: Unappropriated Balance Traffic Impact Fee Fund: Reserve for Future Capacity Storm Water System Development Fund: Reserve for Future Capacity Sewer Treatment Construction Fund: DEQ Loan Reserve Water Fund: Unappropriated Balance Wastewater Treatment Plant Fund: DEQ Loan Payment Reserve Water System Development Trust Fund: Reserve for Future Capacity Sewer System Development Trust Fund: Reserve for Future Capacity Central Stores Working Capital Fund: Unappropriated Balance Technical & Environmental Serv. Fund: Unappropriated Balance 33,750 33,000 155,400 1,472,242 100,000 292,125 870,000 :35,000 43,500 30,000 TOTAL UNAPPROPRIATED REQUIREMENTS -- ALL FUNDS $ 4,075,961 TOTAL 1999-2000 CITY BUDGET $45,441,581 Section 4. That the City Recorder shall certify the tax rate and tax levy to the County Clerk and County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in accordance with the provisions of the Local Budget Laws of the State of Oregon. Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a budget for fiscal year 1999-2000 needs to be adopted by July 1, 1999 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval bY the May°e~ ,te~~~ Approved as to Form: City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Page 8 - COUNCIL BILL NO. ORDINANCE NO. IOB-C MEMO To: From: Date: Subject: Mayor and Council Mary Tennant, City Recorder and Ben Gillespie, Finance Director thr4~gl~. John Brown, City Administrator June 24, 1999 Transfer of 1998-99 Appropriations Recommendation: That the Council adopt the attached resolutions making budget transfers and contingency appropriations. Background:. As the fiscal year comes to a close, some adjustments are required within specific funds in order to comply with Local Budget Law. This is a summary of the proposed amend- ments. The budget transfers are listed first, followed by the contingency appropriations.. BUDGET TRANSFERS GENERAL FUND Council and Mayor is increased by $8,000 to provide for a goal setting retreat ($6,000) and the City's participation with Visit in the Scenic Highways program ($2,000). The City Administrator's budget is increased $33,000. The City contracted with Waldron and Associates for the services of an interim City Administrator and help in recruiting the permanent City Administrator. The recruitment was expected to be completed in 1997-98, and nothing was budgeted for that in the current year. The recruitment stretched into the current year at a cost of $20,000. Moving expenses and the City's increased contrlbution to the City Admlnlstrator's retirement cost an additional $9,000. The budget is increased $4,000 to provide for the Management Analyst position that was added this year. The Parks Maintenance budget in increased $15,000 to provide for unanticipated costs of removing hazardous trees in Legion Park IOB-C Parks Leisure Services budget increases by $17,000 to provide for a day camp ($10,000) that was funded by a grant, but was not included in the 1998-99 budget. $7,000 is needed to cover Wages & Salaries and Temporary Employees. The Parks Pool budget is increased by $74,000. Of this, $25,000 is needed to cover the cost of temporary employees and $2,000 provides for the increased cost of the PERS retirement plan. Unanticipated repair of equipment totaled $31,000, and utility payments are $11,000 higher than anticipated. Cost of Good Sold is increased $5,000 and reflects increased sales of swimming gear and concessions. The Parks Administration budget is increased $10,000 to reflect the fact that all printing costs ($7,000) were consolidated in this budget for the first time this year. Also, $3,000 of repair to office machines was not budgeted. In the Non-departmental budget the installation of the phone system will not be completed this year, and consequently the budget for that item is reduced $30,000. Police is reduced $106,200 to provide for the increases in other General Fund depart- ments. The savings was a result of vacant positions. The Library budget is decreased $45,000 to provide for increases in other General Fund departments. This was possible, because budgeted capital items were not purchased. The budget for Parks Non-departmental can be decreased $14,000 to help offset the other adjustments to the Parks budget. Monies budgeted for Engineering/Technical Services and intended for costs associated with the corrections to the pool's HVAC system were not expended. Also, as noted in the Water Fund, below, Property Insurance premiums were less than expected. WATER FUND Meter Reading--Supplies and Services is increased $10,000 to provide for the purchase of water meters. The need for meters is driven by development. More new service con- nections were required this year that had been anticipated. Property Insurance premiums were less this year than expected. That budget is reduced $10,000 to help fund the acquisition of the water meters. CONTINGENCY APPROPRIATIONS Contingencies is decreased $38,200 to provide for a Transfer to the PW Facilities Fund. This money supplanted funds that had been transferred from the Transportation Impact Fee (TIF) Fund. A careful review of funding of the PW Facilities Fund led to the IOB-C conclusion that System Development Charges should not be used to fund the construction and acquisition of maintenance facilities. Water and Sewer SDC's funding will be replaced with transfers from those operating funds. For streets, however, the replacement funding comes from the General Fund. WATER FUND Earlier this year monies had been returned the Water SDC Fund, when it was determined that SI)C Funding was inappropriate for PW maintenance facilities. The intention was to adjust the budget as part of the comprehensive budget revision. A closer review of the pertinent state law revealed that it is not allowable to use contingency to pay for a transfer form a fund other than the General Fund to any other fund. Consequently the transfer has been reversed in 1998-99 and will be made in 1999-2000. The budget for 1999-2000 will be adjusted accordingly, and no appropriation is needed in the current year. SEWER FUND The comments made about Contingency Appropriations in the Water Fund apply to the Sewer Fund as well. T & EFUND Contingencies is reduced $4,000 in order to increase Garage-Inventory Stock. This year the garage began stocking commonly used parts rather than have them delivered for each job. This resulted in a one time cost increase. In future years expenses will drop to the level of prior years. Financial Implications: These changes are consistent with Oregon budget law and are necessary to avoid over spending individual budgets. A schedule of the changes is attached. CITY of WOODBURN BUDGET AMENDMENT June 24, 1999 IOB-C ACCOUNT CODING REVENUE EXPENDITURES GENERAL FUND Council & Mayor-Training/Conferences 001 111 616 492 Admin-Retirement Admin-Other Supplies Admin-Legal Services Admin-Management Services Admin-lntern Stipend Admin-Training/Conferences 001 121 543 000 001 121 616 329 001 121 616 412 001 121 616 413 001 121 616 419 001 121 616 492 Police-Salaries & Benefits Police-Medical 001 211 512 000 001 211 542 000 Library-New Equipment 001 311 710 010 Library-Miscellaneous Equipment 001 311 711 052 Parks Maintenance-Telephone 001 411 601 021 Parks Maintenance-Contractual Service 001 411 616 060 Parks Maintenance-Electricity 001 411 635 000 Parks Leisure-Wages & Salaries 001 421 512 010 Parks Leisure-Temporary Employees 001 421 513 000 Parks Leisure-Grant Personnel Expense 001 421 530 000 Parks Leisure-Day Camp Supplies 001 421 602 062 Parks Leisure-Contractual Services 001 421 616 062 Parks Pool-Temporary Employees 001 431 513 000 Parks Pool-Retirement 001 431 543 000 Parks Pool-Contractual Services 001 431 616 060 Parks Pool-Cost of Goods Sold 001 431 619 000 Parks Pool-Equip Repair & Maintenance 001 431 620 001 Parks Pool-Electricity 001 431 635 000 Parks Pool-Natural Gas 001 431 635 010 Parks Pool-Specialty Equipment 001 431 710 013 Parks Administration-Printing 001 491 602 001 Parks Non-departmental--Engineering 001 499 631 004 Non-departmental-Telephone 001 199 710 009 Non-departmental-Contingencies 001 199 921 000 Non-departmentaI-Transferto PW Fac 001 199 910 078 WA TER FUND 8,000 5,000 2,000 1,000 20,000 1,000 4,000 (49,000) (19,000) (25,000) (20,000) 2,000 12,000 1,000 4,000 2,000 5,000 5,000 1,000 25,000 2,000 2,000 5,000 24,000 6,000 5,000 5~000 10,000 (14,000) (30,000) (38,200) 38,200 Customer Service 470 611 602 054 10,000 Insuranace-Property 470 613 641 020 (10,000) T & E Fund 582 661 600 100 582 641 921 000 Garage-Inventory Stock PW Admin-Contingencies 4,000 (4,000) 8,000 33,000 (68,000) (45,000) 15,000 17,000 74,000 10,000 (14,000) (30,000) Total 0 0 10B COUNCIL BILL NO. 1972 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL YEAR 1998-99. WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of appropriations within a fund after the budget has been approved and during the year in which appropriations are made, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the following budgetary transfer of appropriations within each fund listed below is hereby authorized to meet estimated operational expenditures during fiscal year 1998-99: GENERALFUND: Transfer From: Police Division - Personnel Services: Salaries & Wages (001-211-512.000) Medical (001-211-542.000) Library - Capital Outlay: New Equipment (001-311-710.010) Miscellaneous Equipment (001-311-711.052) Parks Non Departmental - Materials & Services: Engineering (001-499-631.004) Genl. Fund Non Departmental - Materials & Services: Telephone (001-199-710.009) 49,000 19,000 25,000 20,000 14,000 30,000 Transfer To: Mayor & Council - Materials & Services: Training & Conferences (001 - 111-616.492) City Administrator's Office - Personnel Services: Retirement (001 - 121-543.000) City Administrator's Office - Materials & Services: Supplies (001-121-616.329) Legal Services (001-121-616.412) Management Services (001-121-616.413) Intern Stipend (001-121-616.419) Training & Conference (001 - 121-616.492) Parks Maintenance - Materials & Services: Telephone (001-411-601.021 ) Contractual Services (001-411-616.060) Utilities - Electricity (001-411-635.000) $ 8,000 2,000 1,000 20,000 1,000 4,000 2,000 12,000 1,000 Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOB Parks Leisure Services - Personnel Services: Labor - Day Camp Group (001-421-512.010) Temporary Employees (001-421-513.000) Grant Personnel Expense (001-421-530.000) Parks Leisure Services - Materials & Services: Day Camp Supplies (001-421-602.062) Contractual Services (001-421-616.062) Parks Swimming Pool - Personnel Services: Temporary Employees (001-431-513.000) Retirement (001-431-543.000) Parks Swimming Pool - Materials & Services: Contractual Services (001-431-616.060) Cost of Goods Sold (001-431-619.000) Equipment Repair & Maint. (001-431-620.001) Utilities - Electricity (001-431-635.000) Utilities - Natural Gas (001-431-635.010) Parks Swimming Pool - Capital Outlay: Speciality Equipment (001-431-710.013) Parks Administration - Materials & Services: Printing (001-491-602.001 ) 4,000 2,000 5,000 5,000 1,000 25,000 2,000 2,000 5,000 24,000 6,000 5,000 10,000 WATER FUND: Transfer From: Miscellaneous Accounts - Materials & Services: Insurance - Property (470-613-641.020) Transfer To: Water Admin. - Materials & Services: Customer Service -Water Meters (470-611-602.054) Approved as to City Attorney $10,000 $10,0~ Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. 10C COUNCIL BILL NO. RESOLUTION NO. 1973 A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 1998-99. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating contingency appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of General Fund operating contingency appropriations to an existing appropriations category in any other budgetary fund during the year in which appropriations are made, and WHEREAS, a transfer of General Fund operating contingency appropriations to the Public Works Facility Expansion/Construction Fund is necessary to fund a portion of the cost of the building located at 202 Young Street which was purchased after the adoption of the 1998- 99 budget, and WHEREAS, a transfer of Technical & Environmental Services Fund operating contingency appropriations to the Central Garage Division to meet unanticipated costs with the purchase of commonly used vehicle parts which are now being kept in stock at the garage, now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following operating contingency appropriations: GENERAL FUND: Transfer From: Operating Contingency (001-199-921.000) $ 38,200 Transfer To: Interfund Transfer - Public Works Facility Expan/Const. Fund (001 - 199-910.078) $ 38,200 TECHNICAL & ENVIRONMENTAL SERVICES FUND: Transfer From: Operating Contingency (582-641-921.000) Transfer To: Central Garage - Materials & Services Inventory Stock (582-661-600.100) $ 4,000 Page 1 - COUNCIL BILL NO. RESOLUTION NO. 10C Approved as to Form: City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - COUNCIL BILL NO. RESOLUTION NO. IOD COUNCIL BILL NO. RESOLUTION NO. 1974 A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 1999-2000. Whereas, ORS 221.770 requires cities to pass a resolution annually declaring their election to receive state revenue sharing, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 1999-2000. Approved as to Form City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. IOE COUNCIL BILL NO. RESOLUTION NO. 1975 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED NORTH AND SOUTH OF MT. HOOD HIGHWAY (HIGHWAY 214) EAST OF FRONT STREET. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on July 26, 1999 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodbum shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in fo~es in the City for a like period. Approved as to FormaT~,~~ ~-- 2~'-- ~9 City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. IOE LEGAL DESCRIPTION EXHIBIT ,~ ,, Page J of_aZ....... The legal description is described as follows: PARCEL I Beginning at the most Northerly Northwest comer of Lot 7, Block 1, Walilale Home Tracts in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, thence South 40° 48' West 49.90 feet to the most Northerly comer of Lot 8 in said Block; thence South 1° 15' West along the East line of said Lot 8, a distance of 448.14 feet to the Southeast corner thereof; thence North 88° 45' West along the South line of said Lot, 378.91 feet to a point on the Westerly line of said Walilale Home Tracts; thence South 40° 48' West along said Westerly line 477.18 feet to the most Westerly corner of Lot 4, Block 2 thereof, being in the center of a Creek; thence Northwesterly along the meanders of the center line of said Creek, and the Northerly line of land conveyed to Fred J. Monnier by deed recorded in Volume 224, Page 101, Deed Records for Marion County, Oregon, 224.00 feet to the Easterly line of the Southe,~ Pacific Railroad Company right of way; thence North 41° 15'East along the Easterly line of said right of way 885.00 feet, more or less, to a point on the Westerly extension of thc North line of said Walilale Home Tracts; thence North 89° 41' East 299.00 feet to the place of beginning. SAVE AND EXCEPT: Beginning on the Westerly line of Walilalc Home Tracts in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, at a point which is 613.0I feet South 40° 48' West from the most Northerly Northwest comer of Lot 7, Block 1 thereof; thence Not'th 88° 45' West 292.05 feet to a point on the Easterly line of the Southern Pacific Company Railroad right of way; thence South 41° 15' West along the Easterly line of said right of way, 64.68 feet; thence South 88° 45' East, 292.05 feet to a point on the Westerly line of said Walilale Home Tracts; thence North 40° 48' East 64.81 feet to the place ofbegirming. SAVE AND EXCEPT that portion acquired by the State of Oregon, by .and through its State Highway Commission for the relocated of State Itighway No. 214 by decree entered into Marion County Circuit Court, April 17, 1972, Case No. 74662. Page IOE 103 03 O3 0 / .? / 103 O0 03 5 RELOCATED STATE HIG MT HOOD AVENUE ...... -~,,. ~ i5 1V IOF City of Woodburn Police Department StaffReport 270 Montgomery Street Woodbum, Oregon 97071 (503) 982-2352 Date: June 16, 1999 From: Lieutenant Paul Null, Patrol Operation To: Dick Jennings, Mayor City Council Thru: Ken Wright, Chief of P Subject: Public Street Closure - A'f/z~andra Court The Woodburn Police Department received a street closure request from Anne Lima and Cheryl Mill, who represent residence of Alexander Court. As in years past, the residence of Alexander Court are holding their annual Fourth of July activities. The street closure request is for July 4, 1999, from the hours of 10:00 a.m. to 11:00 p.m. The Woodburn Police Department commend the citizens of Alexander Court for their commitment in cultivating neighborhood activities which promotes pride in their neighborhood and the City of Woodburn. Recommendation: The City Council approve street closure for Alexander Court on July 4, 1999, from 10:00 a.m. to 11:00 p.m. We the neighbors on Alexandra Court, request permission to close our street to traffic in order to have our annual Fourth of July party. We would be setting up barriers at 10:00 a.m. and will remove them by 11:00 p.m. Room will be left for emergency vehicles to pass through. Mark ~: Melissa Willcock 1420 Alexandra Ave. Bill & Maggie Muele 1450 Alexandra Ave. Herald &'Virginia JaflSes 1435 Alexandra Court,~ 1415 Alexandra Court Wi' ~a~m & Lyn Crocker 1395 Alexandra Court 1375 Alexandra Court Jack and l~tty Grigoriff[W 1430 Alexandra Court Robert & Arlene Colby 1410 Alexandra Court Terri Robinson 1400 Alexandra Court Juvencio & Eneada Morales 1380 Alexandra Court 10F 1OF Independence Day FOURTH OF JULY PARTY It has come around again .... the neighbofl~ood 4th of July Party. This year we will be celebrating our I Ith annual gathering. As in the past we will close the street around 10 am. If you have a portable barbecue we would appreciate it if you could bring it to the southwest end of the Court around 10:00 a.m. We will start the gq'ills about 1 1:30 and cooking can begin around 12 noon. Bring whatever you would like to grill (ha~nburgers, hot dogs, buns, etc.), a side dish for all to share, your own plates and utensils and your choice of drinks. Coolers will be located near by the tables and chairs. Dessert will be provided as usual. After hmch we can sit and talk (or take a nap) and then gather again for droner is you like (we always have plenty of food left over). Later that evening, when dusk approaches, we will gather at the end of the Court to set off fireworks for the "kids". lfyou'd like to come, bring yom' sparklers/fireworks and join in with us kids. After our light display is finished, we can gather on Bill and Maggie's lawn to view the city fireworks spectacle. Bring you chairs, coats and blankets and enjoy the view. If you have any suggestions or com~nents, please pass them on to either Anne Lima (981-4413) or Cheryl Mill (981-6212). WE'LL BE LOOKING FOR YOU!!! 10G from: date: subject: ffVoodhurn Recreation and Parks Department Mayor & City Council via John Brown, City Administrat '~3~ D. Randall Westrick, Recreation and Parks Director ~ June 22, 1999 Drums of Fire Permit to Use Le~ion for a Band Competition and Show RECOMMENDATION: Authorize the Recreation and Parks Director to sign the Special Event Park Use Permit with Drums of Fire for the 1998 Band Competition and Show at Legion Park. ,, 5'9 ~ Authorize an event co-sponsorship package that includes a no fee permit and inclusion within the City's insurance coverage, As reviewed and recommended by the Chief of Police?authorize the closure of Alexander Ave. between Park Ave. and Tierra Lynn and the closure of Park Ave. between Alexander Ave. and James St. between the hours of 5:00 p.m. and 10:00 p.m. on July 1, 1999. As reviewed and recommended by the Chief of Police, } authorize the use of sound amplification equipment for July 1, 1999 between 5:00 p.m. and 10:00 p.m. BACKGROUND: The Drums of Fire drum and bugle corps is planning to renew the annual show and competition for 1999. Event organizers are preparing an event for July 1, 1999. They envision bands from across the United States. DISCUSSION: Attached for the Council's review is a Special Event Park Use Permit for the event. The Permit proposed for Drums of Fire outlines terms and conditions for the event as it uses Legion Park for the proposed activities. However, the Drums of Fire has requested including the event within the City's insurance package. Therefore, staff is suggesting that the City Council waive provisions within Section 14 of the permit. Among the provisions of the permit is a section on fees. Staffrecommends a no fee permit. The City has often benefitted from cOntributions the Drums of Fire has made to Legion Park and other recreation facilities throughout the City. Most recently, Drums of Fire erected a flagpole at 10G Drums of Fire Permit to Use Legion Park for a Band Competition and Show Pa~e 2 Centennial Park. However, the Permit does require Drums of Fire to post a $1,000 deposit to cover the costs for repairs should that be necessary. CONCLUSION: The Recreation and Parks Department looks forward to working with Drums of Fire to produce this important community event. The Parks Division has been working to make the field ready for this and other summer events. This work includes aerating the soil, fertilizing, and overseeding with grass seed. These efforts should result in improved conditions for this event as well as for the Fiesta in August and the upcoming football and soccer seasons. Attachments 10G City of Woodburn Special Event Park Use Permit Upon payment of the proper fees, the following named Permittee is issued this Special Event Park Use Permit for of Legion Park for the dates specified herein. This permit is subject to all park rules, policies and regulations, and to the conditions set forth below. ~ Bruce Thomas Drums of Fire 981-8235 ~ Name of Representative Company/Organization Day Phone/Evening Phone · ~ 2213 Country Club Rd. Woodburn OR 97071 Address City. State Zip Legion Park Football- Field Tax I.D. # Park LOCATION: This Permit is issued for Legion Park (hereinafter referred to as "the Park") for Drum ~ Bugle Competition and Show (hereinafter referred as "the Event"). DATES AND TIME: This permit is valid for 5day(s) on the following date(s): June 28-July2' 1999. The Permittee agrees that the hours of operation shall be as follows: June 28- July 1, 1999; Set-up and Preparation (ail day each day,) July 1, 1999; Competition and Show (5:00p. m. - l O:OO p. m. ) July 2, 1999; Clean-up and Takedown (all day) PARK AREA: The exact area within the Park, for the Permit operation will be agreed upon between Recreation and Parks Director and the Permittee. However, if mutually agreeable terms cannot be reached, the Recreation and Parks Director's decision on the park shall be final. CONTACT PERSON: The Permittee agrees that Larry Kreigshauser, Bruce Thomas and Dick Jenningsis/are the contact person(s) for the Event and shall remain on site and available during the entire period of the Event. Failure of the Permittee to have the contact person on site and available during the period of the Event shall constitute a revocation of this Permit. FEE: The Permittee agrees that for the privilege of operating under this Permit, the Permittee shall pay the City the fee of $0, as established by the City Council resolution. The Permittee shall remit payment of the fee to the Recreation and Parks Director. SECURITY DEPOSIT: The Permittee agrees to deposit the sum of $1, O00. OOwith the City upon execution of this permit as a security deposit to be applied to repair damages to the Park or to the City property caused by the Permittee or to remedy other default under this Permit. Within thirty (30) days after termination of the Event under this permit, the City shall either refund the security deposit to the Permittee or shall give the Permittee a written accounting stating the basis of the City's claim to all or part of the security deposit. If costs of repairing lOG Special Eve~t Park Use Permit Page 2 10. 11. 12. damages to the Park exceed the amount of the security deposit, the Permittee agrees to be responsible for ail excess costs. GROUND SET UP PLAN: The Permittce agrees to submit to the Recreation and Parks Director for approval a Ground Set Up Plan fourteen calendar days before occupying the park as stated in Section 2. of this Permit. This Plan shail specify: A. All temporary fence lines including entrance gates, emergency exits and access lanes C. D. E. F. G. and service entrances. Ride and attraction locations. First Aid stations. All food and beverage and other vending locations. Utility vehicle, ambulance and event truck parking. Ticket sales booths. Security personnel. SECURITY PLAN: The Permittee agrees to submit to the police Chief for approval a Security Plan. This plan shall include the following: A. The number of private security officers. B. The locations where each private security officer is stationed. C. The hours each private security officer is scheduled to work. D. A crowd control plan. E. Proof of bonding of the private security company. F. Proof of license and certification of the private security company by the Oregon Department of Public Safety Standards and Training. The Security Plan shall be finally approved by the City by issuance of this Permit and the Permittee shall abide by the Plan as a condition of this Permit. TOILETS: The Permittee agrees to provide at least 4 portable toilets and shall clean and service these toilets throughout the Event on a frequent basis. At least two toilets shall be designated for disabled. TRASH CONTAINERS: The Permittee agrees to provide at least 1 (dtwapster) trash container(s) and shall empty these containers on a frequent basis throughout the Event and dispose of the trash. CLEANUP: The Permittee agrees to perform ongoing daily fitter and trash cleanup of the entire permit site during the Event and at the conclusion of the Event. At the conclusion of the Event, the Permittee agrees to restore the Event site to the condition existing prior to the Event so that it is useable no later than 5:00 p.m. on July3, 1999. PROMOTION OF SPECIAL EVENT: Any promotion of the Event shall be entirely by the Permittee at its own expense. The Permittee agrees not to publicize, promote, or otherwise 10G Special Evant Park Usc Permit Page 3 13. 14. 15. 16. 17. advertise the Event at the park location until this permit is issued without permission from the Recreation and Parks Director. INDEMNIFICATION: The Permittee waives all claims against the City, its officers, agents and employees, for loss or damage caused by, arising out of or in any way connected with the exercise of this permit. The Permittee agrees to save harmless, indemnify and defend the City, its officers, agents and employees, from any and all loss, damage or liability which may be suffered or incurred by the City, it's officers, agents and employees caused by, arising out of or in any way connected with exercise by the Permittee of the rights hereby permitted, except those arising out of the sole and direct negligence of the City. INSURANCE: Without limiting the Permittee's indemnification of the City, the Permittee shall provide and maintain at its own expense during the term of this Permit comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of $1,000,000 per occurrence. Such insurance shall be primary to other insurance maintained by the City and shall name the City as additionally insured. Failure of the Permittee to procure or maintain the required insurance shall constitute a revocation of this Permit. COMPLIANCE WITH PARK RULES: The Permittee agrees to comply with all policies, rules, and laws governing the operation of the Park, and not alter or damage the Park's natural or cultural resources in any way through the support or operation of the Permit activities, and to be responsible for and fully repair all damage to park facilities and resources which may result from any operations under this Permit. AUTHORITY TO SUSPEND OR CANCEL: In the event that the City Administrator or Recreation and Parks Director find that the activities being conducted under this Permit endanger the health and safety of any person, or will cause damage to real property, or that the Permittee has not complied with any of the terms and conditions of this Permit, the City, through the action of any of the above-named City officials, may suspend or cancel this Permit. The City reserves the right, at its discretion, to suspend or cancel this Permit at any time without incurring any liability to the Permittee whatsoever. OTHER APPROVALS AND PERMITS: The Permittee agrees and understands that, apart t~om this Permit, it is necessary to obtain other permits and approvals in order to conduct the Event. The Permittee understands and agrees that these permits and approvals include, but are not limited to, the following: A. For food booths, the Permittee must obtain the approval of the Marion County Health Department. 10G Special Eveat Park Use Permit Page 4 18. 19. 20. 21. Bo For any carnival rides, the Permittee must obtain inspection and approval of the State of Oregon, Building Codes Division. An emergency access plan for the Event must be approved by the Woodburn Fire District. A sound amplification permit for the Event must be obtained from the Woodburn City Council. A dance permit must be obtained through the Woodburn City Recorder for any public dance. ANTI-DISCRIMINATION/COMPLIANCE WITH LAWS: The Permittee agrees not to discriminate against any individuals on account of color, race, religion, ancestry, or national origin and to comply with all applicable federal, state and local rules, regulations and ordinances. ASSIGNMENT: The Permittee understands and agrees that this Permit is a license agreement and is not a lease, and that the Permit is a personal, revocable and unassignable permission to perform the acts herein set out without reserving or granting to the Permittee any interest in real property or other interest. PERMITTEE STATUS: The parties hereto agree that the Permittee, it officers, agents and employees, in the performance of this permit shall act in an independent capacity and not as officers, employees or agents of the City. NO THIRD PARTY BENEFICIARIES: This Permit is not intended nor shall it be construed as granting any rights, privileges, or interests in any third party without mutual written agreement of the parties hereto. PER_MITTEE: CITY OF WOODBURN: By: By: Title: Date: Date: D. Randall Westrick, Recreation and Parks Director City Administrator Police Chief lOG Drums of Fire P.O. Box 1076 Woodburn, OR 97071 Monday, June 21, 1999 The City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Attn: City Administrator Dear John, The group known as Drums of Fire, Inc. would like to request the following items. 2. 3. 4. Sound Amplification permit for July 1, 1999 from 5:00 pm to 10:00 pm for our show at Legion Park. Since the City has agreed to be a co-sponsor we are requesting coverage under the City's insurance policy. We are in the process or exercising the special event permit with the Rec & Parks Department and are requesting a waiver on the insurance requirements. We also would like to request that a portion of Park Avenue from Alexander Street to James Street be closed from 5:30 pm to 10:00 pm July 1,1999. Drums of Fire would like to take this time also to thank the City Staff and special thanks to the crews of Rec & Park that have done so much each year to make this event a great one. Vice President Drums of Fire, Inc. 1OH MEMO TO THROUGH FROM DATE SUBJECT : Mayor and Council : City Administrator Browo~ Recorder : Mary Tennant, Ken Wright, Police : June 23, 1999 : Request for Extension of Liability Insurance and Sound Amplification Permit - 4TM of July Celebration Recommendation: Council authorize (1) the extension of the City's liability insurance coverage and (2) issuance of a sound amplification permit for the annual 4th of July Celebration to be held on July 4, 1999 at Woodburn High School between the hours of 10:00 a.m. and 11:00 p.m.. Background: The City has been a co-sponsor of this community event since its inception. This year's event will, once again, be held at the Woodburn High School athletic field. Even though the School District does not charge any fees for the use of their field, they do require a Certificate of Insurance from the event sponsor naming them as an additional insured. The Committee is also requesting authorization to use sound amplification equipment for the games and music which are part of the scheduled activities during the day and evening hours. Financial Impact: The City will not incur any additional insurance premium to extend our liability coverage for this event. Date: June 21, 1999 To: John Brown, City Administrator Mayor and Council Re: Fourth of July Celebration Requests 1. Insurance Coverage 2. Sound Amplification As Co-Chairman and Co-Coordinator of the City co-sponsored 4th of July Celebration with the Kiwanis Clubs, I am requesting City Liability Insurance coverage on the 4th of July, 1999 from approximately 10:00 a.m. until around 11:00 p.m. The coverage is for the NINTH Annual Old Fashion 4th of July Picnic which includes fun, games and music for all ages. All events will again be held at the Woodbum High School. Liability Insurance and Workers Compensation coverage for the Fireworks Display ONLY has been purchased through the fireworks vendor. We are also requesting permission for the use of amplifying devices for day and evening activities for the games and music. Thank you for your consideration in this matter and if possible please plan on attending this event as it is truly a community celebration. If you wish to volunteer to help with this great event, please contact myself or Don Eubank. Vee Ott, Co-Chairman City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn OR / Date: June 22, 1999 ~ From: Ken Wright, Chief of P To: Mayor and Council 97071 (503) 982-2345 Subject: Sound Amplification 10I Recommendation: Allow the use of sound amplification equipment at 1530 Mt. Hood Ave., Iglesia de Dios Esmima church on Friday, July 2na and Saturday July 3rd 1999 between the hours of 5pm and 8pm. I have contacted Pastor Freddy Centeno regarding his request to use sound equipment on July 2 and 3, 1999. Pastor Centenos' request also included July 4, 1999 however, they have decided to not use outdoor sound on July 4'h. Woodburn, oregon monday june 7. 1999. To whom it may concern 101 RECEIVED WODDBURN POLICE DEPT. My name ~s Freddy Centeno I am pastor of "lglesia de Dios Esrnirna" in tonw. located at: 1530 Mthood Ave. ( across from Pizza Hut) The present letter is to suggest permisson from the Woodburn City Council to let us use our sound system in an outdoor acbvity that our church has planned to celebrate on the back side of our building on the following dates: Friday 2nd, Saturday 3rd. and Sunday 4th, of the month of July of 1999. Since we only have several weeks left, before such said event woud take place, we will greatly appreciate your prompt responce, hoping that such permission will be obtained in order fo us to procced and accomplish our goals for this celebration Should you have any question regarding this matter, feel free to contact me at Thank you much, sincerely yours Freddy Centeno 10J MEMO To: From: Subject: Date: City Administrator for Council Action Assistant City Engineer Wastewater Maintenance Building Interior Framing June 25, 1999 RECOMMENDATION: It is being recommended that the City Council award the construction contract to the lowest responsible bidder, Ruffin Construction for the Interior Framing and Finish work on the Wastewater Maintenance Building in the amoum of $84,712.00, Bid No. 99-14. BACKGROUND: The bid award is for the interior framing and finish work on the Wastewater Maintenance Building at the Woodbum Wastewater Treatment Plant. The project is being funded and constructed in conjunction with the Wastewater Treatment Plant Expansion and Upgrade. The project was properly advertised and bids were received and opened on June 18, 1999 in accordance with state regulations. The lowest responsible bidder is approximately 35% below the Engineers estimate. Staff received a total of 6 qualified bidders as listed below 2. 3. 4. 5. 6. Ruffin Construction New Hope Builders Magno Pacific PHI Construction J & L Construction Emerald Engineering $84,712.00 $87,48O.00 $91,850.00 $101,500.00 $110,750.00 $119,600.00 Engineers Estimate $130,000.00 IOK MEMO To: From: Subject: Date: City Administrator for Council Action Assistant City Engineer Contract award for Vanderbeck Wastewater System June 25, 1999 RECOMMENDATION: It is being recommended that the City Council award the construction contract to the lowest responsible bidder, Kerr Contractors Inc, for the Vanderbeck Wastewater System in the amount of $667,211.00, Bid No. 99-27. BACKGROUND: The bid award is for the installation of a new pump station near the East end of the existing improved portion of Vanderbeck Road. The new pump station will replace two existing pump stations in the immediate vicinity that are over 30 years old. The award also incudes associated piping and street repair/surfacing in conjunction with the installation. The project was properly advertised and bids were received and opened on June 22, 1999 in accordance with state regulations. The lowest responsible bidder is approximately 18% below the En 'gmeers estimate. Staff received a total of 7 qualified bidders, as listed below 2. 3. 4. 5. 6. 7. Kerr Contractors, Inc. S-2 Contractors W.A. Jones Moore Excavation Emery & Sons, Contractors Earthworks, Inc. Stanley Contracting $667,211.00 $72O,560.00 $888,258.0O $889,572.0O $1,055,367.00 $1,209,373.00 $1,639,656.50 Engineers Estimate $819,000.00 Note This project is being funded by State Revolving Fund Monies (SRF) which require the Department of Environmental Quality (DEQ) review and approval of the Contract Documents submitted by lowest responsible bidder prior to Council award. The documents are currently under review by DEQ, however il'approval is not received by Monday nights meeting, staff may request the decision be delayed and no action be taken until the DEQ approval is obtained. IOL cormciL Sn,L 1976 ORDINANCE NO. AN ORDINANCE ESTABLISHING A PROCESS FOR THE FORMATION OF A REIMBURSEMENT DISTRICT IN ORDER TO PROVIDE A MECHANISM WHEREBY THE PROPERTIES WHICH WILL BENEFIT BY THE CONSTRUCTION OF THE REQUIRED PUBLIC IMPROVEMENTS BY CRAIG REALTY GROUP, WOODBURN LLC, WILL SHARE IN THE COST OF THOSE IMPROVEMENTS; PROTECTING THE PUBLIC INTEREST; AND DECLARING AN EMERGENCY. WHEREAS, the City in 1998 previously approved land use applications in City of Woodburn File Nos. Annexation 98-02, Comprehensive Plan Map Amendment 98-01, Zone Map Amendment 98-03, Finding of Conformance 92-01 and 92-02, Site Plan Review 98-05 and Variances 98-04, 98-05 and 98-06 (hereinafter "the land use approvals") submitted by Craig Realty Group, Woodburn LLC (hereinafter "the Developer"); and WHEREAS, one development condition, contained in the land use approvals, related to the installation of the traffic signal to be located at the intersection of Woodland Avenue and State Highway 219: "The applicant shall install a traffic signal at the intersection of Woodland Avenue and State Highway 219, using applicant's proceeds, as well as those of previously conditioned applicants, and other subsequently benefitted properties, and.funds from any local improvement district ("LID "). In the event the LID is not approved, the applicant shall abide bp the cost sharing decision of the Ci~_ Council. The installation of the signal shall be subject to ODOT approval. (emphasis added)" and; WHEREAS, another development condition, contained in the land use approvals, related to the improvement and extension of Amey Road to Woodland Avenue and its connection to State Highway 219: "To accomplish the portion of the project for which costs are to be shared by other benefitted properties, a formal city LID process shall be followed Exhibits ",4" and "B" demonstrate a possible method of sharing costs within the LID. In the event the LID is not approved, the applicant shall abide b_¥ the decision Of the Ci~_ Council as to project transportation improvement cost sharing.(emphasis added) "and; WHEREAS, the Developer cannot now appeal these development conditions to the Land Use Board of Appeals because the time for this appeal has passed; and Page 1 - Council Bill No. Ordinance No. IOL WHEREAS, the Developer has not petitioned the City for approval of an LID, no LID has been approved by the City, and according to the terms of both development conditions, if an LID is not approved, the Developer shall abide by the decision of the City Council; and WHEREAS, there are certain properties not owned by the Developer, (the property owned by Waremart, Inc. and the property owned by Offsprings Holdings LLC) which will benefit from the Developer's construction of the above-referenced public improvements, and which have previously imposed City development conditions which require them to share a portion of the cost of constructing the public improvements after the public improvements are completed (hereinaf[er "the previously conditioned properties"); and WHEREAS, there are certain other properties not owned by the Developer, (the property owned by Dale W. Baker and the property owned by Moore Clear Company, Inc) which will benefit from the Developer's construction of the above-referenced public improvements, and which should be required to share a portion of the costs of constructing the public improvements at the time these properties develop (hereinafter "the future developable properties"); and; WHEREAS, the Developer has benefitted by the land use approvals and is in the process of completing the construction of its project; and WHEREAS, the City Council finds that establishing a process for the formation of a reimbursement district will provide a mechanism whereby both the previously conditioned properties and the future developable properties will share in the cost of the public improvements constructed by the Developer; and WHEREAS, the Developer's share of the cost of the required public improvements will be the cost of installing the improvements offset by that portion of the costs that can be recovered by the Developer from the previously conditioned properties and the future developable properties, through the reimbursement district process; and WHEREAS, the City Council further finds that it has a duty to safeguard any involved public funds and, to the best of its ability, protect the public against any costs or litigation related to private development; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions. The following terms are defined as follows for the purposes of this Ordinance. A. "City" means the City of Woodburn, Oregon. B. "Developer" means a person who is required or chooses to finance some or all of Page 2 - Council Bill No. Ordinance No. IOL to Go the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, and who applies to the City for reimbursement for the expense of the improvement. "Development Permiff means any final land use decision, limited land use decision, expedited land division decision, partition, subdivision, or driveway permit. "Person" means a natural person, the person's heirs, executors, administrators or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative thereof. "Public Improvement" means any construction, reconstruction or upgrading of water, stormwater, sewer or street improvements "Public Works Director" means the Public Works Director of the City of Woodburn. "Reimbursement Agreement" means the agreement between the Developer and the City which is authorized by the City Council and executed by the City Administrator, providing for the installation of and payment for reimbursement district public improvements. "Reimbursement District" means the area which is determined by the City Council to derive a benefit from the construction of public improvements, financed in whole or in part by the Developer. "Reimbursement Fee" means the fee required to be paid by a resolution of the City Council and the reimbursement agreement. The City Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for impos'mg a fee which considers the cost of reimbursing the Developer for financing the construction of the improvement within the reimbursement district. Section 2. Application to Establish a Reimbursement District. A person who is required to or chooses to finance some or all of the cost ora public improvement which will be available to provide service to property other than property owned by the person may by written application filed with the Public Works Director request that the City establish a reimbursement district. The public improvement must be of a size greater than that which would otherwise ordinarily be required in connection with an application for a building permit or Page 3 - Council Bill No. Ordinance No. IOL development permit or must be available to provide service to property other than property owned by the Developer, so that the public will benefit by making the improvement. The application shall be accompanied by an application fee, in the amount of $1000, which the City Council has determined reasonable to cover the cost of the preparation of the Public Works Director's Report and notice pursuant to this ordinance. The application shall include the following: A written description of the location, type, size and cost of each public improvement which is to be eligible for reimbursement. o A map showing the boundaries of the proposed reimbursement district, the tax account number of each property, its size and boundaries. A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage and square footage of said properties, or similar data necessary for calculating the apportionment of the cost; the property or properties owned by the Developer; and the names and mailing addresses of owners of other properties to be included in the proposed reimbursement district. The actual or estimated cost of the public improvements. The application may be submitted to the City prior to the installation of the public improvement but not later than 180 days after completion and acceptance of the public improvements by the City. Section 3. Public Works Director's Report. The Public Works Director shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Public Works Director may require the submission of other relevant information from the Developer in order to assist in the evaluation. The Public Works Director shall prepare a written report for the City Council that considers and makes a recommendation concerning each of the following factors: Whether the Developer will finance, or has financed some or all of the cost of the public improvement, thereby making service available to property, other than that owned by the Developer. Page 4 - Council Bill No. Ordinance No. Do Fo The boundary and size of the reimbursement district. The actual or estimated cost of the public improvement serving the area of the proposed reimbursement district and the portion of the cost for which the Developer should be reimbursed for each public improvement. A methodology for spreading the cost among the properties within the reimbursement district and, where appropriate, defining a "unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, subdivided, altered or modified at some future date. The amount to be charged by the City for an administration fee for the reimbursement agreement. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed. Whether the public improvements will or have met City standards. Whether it is fair and in the public interest to create a reimbursement district. IOL Section 4. Amount to be Reimbursed. A reimbursement fee shall be computed by the City for all properties within the reimbursement district, excluding property owned by or dedicated to the City or the State of Oregon, which have the opportunity to use the public improvements, including the property of the Developer, for formation of a reimbursement district. The fee shall be calculated separately for each public improvement. The Developer for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for its own property. The cost to be reimbursed to the Developer shall be limited to the cost of construction engineering, construction, and off-site dedication of right of way. Construction engineering shall include surveying and inspection costs and shall not exceed 7.5% of eligible public improvement construction cost. Costs to be reimbursed for right of way shall be limited to the reasonable market value of land or easements purchased by the Developer from a third party in order to complete off-site improvements. No reimbursement shall be allowed for the cost of design engineering financing costs, permits or fees required for construction permits, land or easements Page $ - Council Bill No. Ordinance No. 10L Do dedicated by the Developer, the portion of costs which are eligible for systems development charge credits or any costs which cannot be clearly documented. Reimbursement for legal expenses shall be allowed only to the extent that such expenses relate to the preparation and filing of an application for reimbursement. Reimbursement for the amount of the application fee required by Section 2 on this ordinance. Section Within 45 days after the Public Works Director has completed the report required in Section 3, the City Council shall hold an informational public heating in which any person shall be given the opportunity to comment on the proposed reimbursement district. Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public heating is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted. Not less than ten (10) days prior to any public hearing held pursuant to this Ordinance, the Developer and ail owners of property within the proposed district shail be notified of the public hearing and the purpose thereof. Such notification shail be accomplished by either regular and certified mail or by personai service. Notice shall be deemed effective on the date that the letter of notification is mailed Failure of the Developer or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the City Council's action to approve the same. If a reimbursement district is formed prior to construction of the improvement(s), a second public heating, subject to the same notice requirements, shall be held after the improvement has been accepted by the City. At that time, the City Council at its discretion may modify the resolution to reflect the actual cost of the improvement(s). Section 6. City_ Council Action. After the public hearing held pursuant to Section 5(A), the City Council shall approve, reject or modify the recommendations contained in the Public Works Director's report. The City Council's decision shall be contained in a resolution. Page 6 - Council Bill No. Ordinanc~ No. IOL Bo If a reimbursement district is established, the resolution shall include the Public Works Director's report as approved or modified, and specify that payment of the reimbursement fee, as designated for each parcel, is a precondition of receiving any city permits applicable to development of that parcel as provided for in Section 10. The resolution shall establish an interest rate to be applied to the reimbursement fee as a return on the investment of the Developer. The interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. The resolution shall instruct the City Administrator to enter into an agreement with the Developer pertaining to the reimbursement district improvements If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the City. The agreement shall contain at least the following provisions: 1. The public improvement(s) shall meet all applicable City standards. The total amount of potential reimbursement to the Developer shall be specified. The total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s). The Developer shall guarantee the public improvement(s) for a period of twelve (12) months after the date of installation. A clause in a form acceptable to the City Attorney stating that the Developer shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the reimbursement district, including any City costs, expenses and attorney fees related to collection of the reimbursement fee should the City Council decide to pursue collection of an unpaid reimbursement fee under Section 10(H). A clause in a form acceptable to the City Attorney stating that the Developer agrees that the City, can not be held liable for any of the Developer's alleged damages, including all costs and attorney fees, under the agreement or as a result of any aspect of the formation of the reimbursement district, or the reimbursement district process, and that the Developer waives, and is estopped from bringing, any claim, of any kind, including a claim in inverse condemnation, because the Developer has Page 7 - Council Bill No. Ordinance No. IOL benefited by the City's approval of its development and the required improvements. Other provisions the City determines necessary and proper to carry out the provisions of this Ordinance. Ifa reimbursement district is established by the City Council, the date, of the formation of the district shall be the date that the City Council adopts the resolution forming the district. Section 7. Notice of Adoption of Resolution. The City shall notify all property owners within the district and the Developer of the adoption of a reimbursement district resolution. The notice shall include a copy of the resolution, the date it was adopted and a short explanation specifying the amount of the reimbursement fee and that the property owner is legally obligated to pay the fee pursuant to this ordinance. Section 8. Recording the Resolution. The City Recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the Marion County Clerk so as to provide notice to potential purchasers of property within the district. Said recording shall not create a lien. Failure to make such recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. Section 9. C0ntest_in_~ the Reimbursement District. No legal action intended to contest the formation of the district or the reimbursement fee, including the amount of the charge designated for each parcel, shall be filed after sixty (60) days following the adoption of a resolution establishing a reimbursement district and any such legal action shall be exclusively by Writ of Review pursuant to ORS 34.010 to ORS 34.102. Section 10. Obligation to Pay Reimbursement Fee. The applicant for a permit related to property within any reimbursement district shall pay the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, if within 10 years after the date of the passage of the resolution forming the reimbursement district, the person applies for and receives approval from the City for any of the following activities: 1. A building permit for a new building; Building permits(s) for any addition(s) modification(s), repair(s) or alteration(s) of a building, which exceed twenty five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the Page 8 - Council Bill No. Ordinance No. IOL Be Ce Ge He county Department of Assessment and Taxation for the building's real market value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster; 3. A development permit, as that term is defined by this ordinance. 4. A City permit issued for connection to a public improvement. The City's determination of who shall pay the reimbursement fee and when the reimbursement fee is due is final. In no instance shall the City, or any officer or employee of the City, be liable for payment of any reimbursement fee, or portion thereof, as a result of the City's determination as to who should pay the reimbursement fee. Only those payments which the City has received from or on behalf of those properties within a reimbursement district shall be payable to the Developer. The City's general fund or other revenue sources shall not be liable for or subject to payment of outstanding and unpaid reimbursement fees imposed upon private property. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. Nothing in this ordinance is intended to modify or limit the authority of the City to enforce development conditions which have already been imposed against specific properties. Nothing in this ordinance is intended to modify or limit the authority of the City, in the future, to impose development conditions against specific properties as they develop. No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in subsection 10(A) unless the reimbursement fee, together with the amount of accrued interest, has been paid in full. Where approval is given as specified in subsection 10(A), but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses. The date of reimbursement under this Ordinance shall extend ten (10) years from the date of the formation of a reimbursement district formation by City Council resolution. Page 9 - Council Bill No. Ordinance No. IOL The reimbursement fee is immediately due and payable to the City by property owners upon use of a public improvement as provided by this ordinance in section 10(A). If connection is made or constxuction commenced without required city permits, then the reimbursement fee is immediately due and payable upon the earliest date that any such permit was required. Whenever the full reimbursement fee has not been paid and collected for any reason after it is due, the City Administrator shall report to the City Council the amount of the uncollected reimbursement, the legal description of the property on which the reimbursement is due, the date upon which the reimbursement was due and the property owner's name or names. The City Council shall then, by motion, set a public hearing date and direct the City Administrator to give notice of that hearing to each of the identified property owners, together with a copy of the City Administrator's report concerning the unpaid reimbursement fee. Such notice may be either by certified mail or personal service. At the public hearing, the City Council may accept, reject or modify the City Administrator's report. If the City Council determines that the reimbursement fee is due but has not been paid for whatever reason, the City Council may, at its sole discretion, act, by resolution, to take any action, it deems appropriate, including all legal or equitable means necessary to collect the unpaid amount. After the City Council has made the determination that the reimbursement fee is due but has not been paid, the Developer shall have a private cause of action against the person legally responsible for paying the reimbursement fee. Section 11. Public Improvements. Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the City. Section 12. Multiple Public Improvements. More than one public improvement may be the subject of a reimbursement district. Section 13. Collection and Payment~ Other Fees and Charg~es. Ao The Developer shall receive all reimbursement collected by the City for reimbursement district public improvements. Such reimbursement shall be delivered to the Developer for as lon~ as the reimbursement district a~reement is in effect. Such payments shall be made by the City within ninety (90) days of receipt of the reimbursements. The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. Page 1(~ Council Bill No. Ordinance No. IOL Section 14. Nature of the Fees. The City Council finds that the fees imposed by this Ordinance are not taxes subject to the property tax limitations of Article XI, section 11Co) of the Oregon Constitution. Section 15. Severability_. If any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in effect. Section 16. Emere_encv Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Approved as to . City Attorney Date APPROVED: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Page 1 t- Council Bill No. Ordinance No. Community Development 27'0 Montgomery Street 11A MEMORANDUM Woodburn, Oregon 97071 (503) 082-$246 Date: To: From: Subject: June 24, 1999 Mayor & City Council thru City Administrator''~')/' Community Development Director An Amendment to Woodburn's Comprehensive Plan Map and Concurrence by the City as to the County Zone Change The Marion County Hearings Officer has submitted for City Council review an applicant's request to amend the City of Woodburn's Comprehensive Plan Map from High Density Residential to Commercial for a 4.91 acre parcel. The concerned property lies outside Woodburn's City limits but within its Urban Growth Boundary (UGB). Under the Woodburn/Marion County UGB agreement it requires that both jurisdictions review such request. A decision on the part of the City Council of this request will be submitted to the Marion County Board of Commissioners for a final determination. THE COUNCIL MAY: Approve the applicant's request and instruct Staff to prepare an ordinance with findings and conclusions to substantiate your decision for the .amendment of the City's Comprehensive Plan Map and concurrence by the City as to the County's Zone change. OR Deny the applicant's request and instruct staff to prepare an ordinance with findings and conclusions to substantiate your decision CITY OF WOODBURN 270 Montgomery Street · Wooctburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 1IA STAFF REPORT COMPREHENSIVE PLAN AMENDMENT 99-01 ZONE MAP AMENDMENT 99-03 II III APPLICANT: Lawrence and Marilyn Paradis 515 S. Pacific Highway VVoodburn, OR 97071 NATURE OF THE APPLICATION: Amend the Woodburn Comprehensive Map from High Density Residential to Commercial on 4.91 acre parcel. See attachment I. Location: 515 South Pacific Highway, Woodburn, Marion 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 Woodburn 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. 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 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 Woodburn 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 Woodbum 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 VVoodburn City Council and Marion County Board of Commissioners to resolve the Comprehensive designation. 11A CPA 99-01, ZMA 99-03 - Page 2 of 5 V 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 llA Urban K-4 K-5 K-7 K-8 K-lO 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 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 Ill. 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. llA CPA 99-01, ZMA 99-03 - Page 4 of 5 VI Housing Policy G-1-1 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. 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. 11A CPA 99-01, ZMA 99-03 - Page 5 of 5 11A 07o 3.9 W PLOT PLAN NAME: Lawre~ice & Marilyn Para. dis ADDRESS: $15 S. Pacific Highway, Woodburn, OR 97071 LEGAL: Section 18, Township 5S, Range IW, Tax Lot 43001-000 TOPOGRAPHY: Property is generally flat SCALE: 1" = 100' ATTACHMENT I 11A BEFORE THE MARION COUNTY HEARINGS OFFICER In the Matter of the Application of: LAWRENCE AND MARILYN PAPJ~DIS Case No. ZC/CP 98-13 Clerk's File No. Zone Change/Comprehensive Plan Amendment RECOMMENDATION I. Nature of the Application This matter comes before the Marion County Hearings Officer on the application of Lawrence and Marilyn Paradis to change the zone from CR (COM~4ERCIAL RETAIL) to CG (COMMERCIAL GENERAL).and to amend the Woodburn Comprehensive Plan from High Density Residential to CommerCial on a 4.91 acre parcel at 515 S. Pacific Highway, Woodburn, Marion County, Oregon (Section 18D; TSS; R1W; Tax Lot 43001-000). II. Relevant Criteria The standards and criteria relevant to this application are found in the Woodburn Comprehensive Plan (WCP) and the Marion County Urban Zoning Ordinance (MCUZO), especially chapters 7, 39 and 43. III. Public Hearing A public hearing was duly held on this application on October 21, 1998. At the hearing, the Planning Division file was made part of the record. The file in V 88-18 was also made a part of the record. The following persons appeared at the hearing and provided testimony on the application: 1. Vicki Kirsher 2. Bob Engle 3. Mark Hylland Planning Division Applicants' attorney For applicants No documents were presented, marked or entered into the record as exhibits. No objections were raised as to notice, jurisdiction, conflicts of interest, or to evidence or testimony presented at the hearing. ATTACHMENTII JAN 2 2 18t I1A Approval of the zone change will create additional traffic on Pacific Highway 99E. Access to Highway 99E is controlled by the Oregon Department of Transportation (ODOT). The applicant shall comply with all of ODOT's requirements in conjunction with this development. It is the applicant's responsibility to contact OD©T to obtain more information. Development of improvements on the property will increase the amount of storm water runoff. The applicant shall submit a site plan to Public Works for review and approval before building permits are issued. Storm water runoff shall be drained to an approved point of discharge. Construction of storm water detention facilities shall be required for improvements exceeding one-half acre of total developed area. No comments were received from the City of Woodburn or other governmental agencies. V. Additional Findings of Fact and Conclusions of Law According to MCUZO 36.12(a), applicants have the burden of proving that the standards and criteria relevant to each requested land use action have been satisfied. COMPREHENSIVE PLAN AMENDMENT o Ail comprehensive plan changes are subject to review by the Oregon Department of Land Conservation and Development (DLCD). DLCD was notified as required by state law and had no comment on the application. o Under MCUZO 43.00(a), a nonlegislative comprehensive plan amendment involves only a change to the land use designation of four or fewer different ownerships and 15 or fewer acres. This amendment involves one ownership and the affected area is only 4.91 acres. This is a nonlegislative plan amendment. o MCUZO 43.02 contains the following nonlegislative plan amendment: criteria for a ZC/CP 98-13\Recommendation - 3 PA/IADIS ATTACHMENT II 11A Applicant initiated this comprehensive plan amendment with the county after being verbally advised to do so by the city planning staff. Section II of the UGBA concerns periodic review of, and amendments to the UGB and land use plan. Section II contains procedures in three subsections for making these changes. The distinction between the situations covered in each of the three sections is unclear. II.1 appears to cover periodic review. II.2 and II.3 appear to allow other changes to be initiated with or by the city or the county. Allowing applications to be initiated with the county appears counter to the 1.5 policy requiring the city to first consider plan amendments. To reconcile 1.5, requiring consideration first by the city, with II.3, allowing initiation of a plan amendment with the county, the UGBA is interpreted to allow a review initiated with or by the county, to be forwarded to the city as a recommendation for the city's consideration. After the city has officially acted on the proposal, the city's decision should then forwarded to the Marion County Board of Commissioners for final consideration. If both bodies approve the proposal, each shall adopt the appropriate ordinances amending the comprehensive plan. Under UGBA 1.7, the county shall not allow urban density uses within the UGB prior to annexation to the city unless agreed to in writing by the city. City sewer and water facilities shall not be extended beyond the city limits, except as may be agreed to in writing by the city and county. Under UGBA 1.8, conversion of land within the boundary to urban uses shall be based on a consideration of: Orderly, economic provision for public facilities and services; Ao Availability of sufficient land for the various uses to insure choices in the market place; C. LCDC Goals; Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and Do Applicable provisions of the Marion County and City comprehensive plans. m o ZC/CP 98-13\Recommendation - 5 PARADIS ATTACHMENT II and Development Commission goals and guidelines, and is intended as an informational and data source, and educational document. llA Highway 99E is identified in the WCP as one of the existing commercial areas in Woodburn. It is noted that Highway 99E has many driveways and intense traffic, and is one of the worst traffic problems in Woodburn. The WCP also notes that high density residential uses are, in general, located along collector streets, and that the percentage of apartments being built has increased. The WCP contains several applicable residential and commercial land development policies. Residential Land Development Policy 6. Non-residential uses should be prevented from locating in residential neighborhoods. Existing non-conforming uses should be phased out as soon as possible. The residential designation/commercial zoning mismatch on the subject and surrounding properties is unusual. The zoning allows, outright, several intense commercial uses of the property that would not be nonconforming uses, and, though designated for residential use, the area is not yet a residential neighborhood. While the proposed ministorage/RV storage facility is a nonresidential use, it is not necessarily an improper use. In addition, the high density residential portion of the WCP land use plan section notes that, "[s]ome nonresidential uses are compatible with high density residential development, such as small convenience shopping markets, recreational uses such as private racquet ball, tennis or golf clubs, or rental storage facilities as typically high density, high residential development provides little storage for a materially rich society." The language of policy 6 is advisory rather than mandatory and it is a guideline to consider when making a land use decision. Given the advisory nature of the policy and the land use plan section stating the compatibility of ministorage uses in high density residential areas, the proposal provides a reasonable use considering the zoning/designation mismatch on the property. The proposal is consistent with this policy. It should be noted that the 1995 draft deletes the language regarding the compatibility of some nonresidential uses in high density residential areas, but the 1981 version is applicable here. ZC/CP 98-13\Recommendation - 7 PA/~ADIS ATTACHMENT II llA general zoning when discussing commercial lands. Overall, the WCP indicates a sufficient amount of commercial land projected needs. The subject site is within an existing identified commercial area. No new commercial area is established with this proposal. Commercial Land Development Policy 2. Lands for high traffic generating uses (shopping centers, malls, restaurants, etc.) should be located on well improved arterials. The uses should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. The subject proposal will not generate a high volume of traffic. Traffic at storage units is generally iow and during off peak hours. The subject site is on Highway 99E, a state controlled highway. ODOT was notified of but provided no comments on the proposal. The proposed use should not severely impact the roadway, but applicants need to provide proof of ODOT approved access prior to implementation of the proposed use. Other commercial general uses may generate more traffic and have greater impacts than the proposed use. The use of the property should be limited to the proposed use as discussed in the limited use overlay zone section below. Commercial Land Development Policy 3. Strip zoning should be discouraged as a most unproductive form of commercial land development. 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. Commercial development patterns which require the use of the private automobile shall be discouraged. The subject proposal will not change the amount of commercial zoning along Highway 99. The proposed use will not be a shopping type of situation. Drop off and removal of goods from storage units often requires vehicular rather than pedestrian access, and is, in that sense, an auto oriented use. Location within a high density residential area may encourage at least some foot traffic to the site. Commercial Land Development Policy 4. Architectural design of commercial areas should be attractive with a spacious feeling and enough landscaping to reduce the visual impact of large expanses of asphalt parking areas. ZC/CP 98-13\Recommendation - 9 PA/R/kDIS ATTACHMENT II o The Commercial designation allows several types of commercial uses at varying intensities. The proposed use should have few impacts on and should be compatible with surrounding uses, but other types of commercial uses may not be compatible. Landscaping, setbacks, screening and other provisions can help residential-commercial compatibility. The landscaping, lighting, screening and other special provisions for commercial development adjacent to residential zoning should be applied in this case to help make this commercial use compatible with any future surrounding residential development. Amy use of the property for other than the proposed ministorage/RV storage use should require additional conditional use review to examine impacts on adjacent properties. With special compatibility provisions and a limited use overlay zone, MCUZO 43.02(c) can be met. 11A o The subject parcel fronts a state controlled arterial way. Proof of ODOT permits should be required as a condition of approval. Development of the property will add to stormwater runoff from the property. Applicants should provide adequate stormwater retention and detention facilities for the proposed development to DPW standards. It is not clear whether water and sewer are provided by the city or a service district, or whether they are provided for on-site. Even if these services are provided for on-site, the proposed ministorage/RV storage use is not a large consumer of either service and it is anticipated that adequate water and sewage disposal facilities can be provided. Applicants will need to more clearly address this issue at the next required hearing. Other services, such as telephone and electricity are available to the subject property. Amy change in type or intensity of use would require additional examination of the adequacy of facilities and services. With a limited use overlay and conditions of approval requiring ODOT permits, stormwater drainage plans and septic evaluations if the property is not within a sewer service area, MCUZO 43.02(d) can be met. ZONE CHANGE o Under MCUZO 39.01, the hearings officer is authorized to make initial decisions on zone change applications. Since this zone change application is accompanied by a comprehensive plan amendment proposal requiring action by the governing bodies of Woodburn and Marion County, the hearings officer ZC/CP 98-13kRecommendation - 11 PAP, ADIS ATTACHMENT II llA 13. 14. 15. issue at the next required hearing. Other services, such as telephone and electricity are available to the subject property. A~y change in type or intensity of use would require additional examination of the adequacy of facilities and services. With a limited use overlay and conditions of approval requiring ODOT permits, stormwater drainage plans and septic evaluations if the property is not within a sewer service area, MCUZO 39.05(b) can be met. No zone change criteria were found in the WCP. 39.05(c) is not applicable. MCUZO According to MCUZO 7.00, the purpose of the CG zone is to provide areas suitable for warehousing, wholesale commercial sales and services with related outdoor storage or retail sales. The CG zone is appropriate in those areas designated Commercial in the applicable urban area comprehensive plan where the location has access to an arterial street or highway for transport of bulk materials and where impacts associated with permitted uses will not create significant adverse impacts on local streets or residential zones. If the comprehensive plan designation is amended as proposed, the CG zone will be in a WCP designated commercial area. The CG zone is, however, not generally suitable for this intended multifamily area. Warehousing, wholesaling and other intense commercial uses would be inappropriate in a residential zone, but as noted in the WCP, ministorage facilities can be appropriate in high density residential areas. The CG zone is the least intensive zone that allows or conditionally permits a ministorage facility. The subject property is adjacent to an arterial way, and traffic impacts should not be felt on local streets or in residential areas. With application of a limited use overlay zone as discussed below, the CG zone cam be appropriate for this property, and MCUZO 39.05(d) can be met. The CG zone allows more intensive uses than other zones appropriate for the commercial designation. With application of a limited use overlay zone as discussed below, and the special chapter 7 requirements discussed above, the proposed zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intensive uses. With the limited use overlay zone and special chapter 7 provisions applied as a condition of approval, MCUZO 39.05(e) can be met. ZC/CP 98-13kRecommendation - 13 PA/~ADIS ATTACHMENT II 19. According to MCUZO 1.30, the zoning administrator determines what zones are appropriate for the land use designations within areas other than the Salem/Keizer comprehensive plans. It is not clear that the zoning ac[ministrator has made such a decision regarding the WCP. Under the Salem plan, the CO, CR, CG, HC, UT, UTF and UD zones are appropriate to the Commercial designation. The hearings office will, for purposes of this order, at least consider all of the commercial zones as appropriate to the Commercial designation in the WCP. The CO zone is the least intensive commercial zone. The proposed use is the least intense zone that allows or conditionally permits the proposed use. The CG zones does not have a list of wholly appropriate uses. The uses allowed in the CG zone are more intensive than those allowed in the CO zone. The CG zone is appropriate if a limited use overlay zone is applied to the property. Given the site's location next to residentially designated properties, only the proposed ministorage use can be allowed without further conditional use review. Uses other than MCUZO 7.01(5)42.25 and 42.26, ministorage and interior RV storage, should become conditional uses or should be removed from the zone. Recommendation It is hereby found that applicants have met the burden of proving the applicable standards and criteria for approval of a comprehensive plan amendment and zone change have been met. Therefore, it is recommended that the applications for comprehensive plan amendment and zone change be GRAlqTED, subject to the conditions set forth below. The conditions are necessary for the public health, safety and welfare. Applicants shall obtain septic site evaluation and building permits as required by the Building Inspection Division. Applicants shall obtain access permits as required by the Oregon Department of Transportation, and shall provide proof that such permits have been obtained or are not necessary to the Planning Division. o Applicants shall submit a detailed site plan showing all buildings, setbacks, parking and loading areas, and compliance with all other MCUZO requirements. o Prior to issuance of any permits, applicants shall submit a detailed plan to the Marion County Department of Works llA ZC/CP 98-13\Recommendation - 15 PAPJ%DIS ATTACHMENT II 11A VII. Referral This document is a recommendation to the City of Woodburn and the Marion County Board of Commissioners. The City of Woodburn shall first consider the proposal and refer its decision to the Board. The Board will make its final determination on this application after holding a public hearing. The Planning Division will notify all parties of the hearing date. DATED at Salem, Oregon, this ~/mday of January, 1999. Ann ~. Gasser Harion County Hearings O£f±cer ZC/CP 98-13\Recommendation - 17 PA/IADIS ATTACHMENT II llA COUNCIL BILL NO. 1151 ORDINANCE NO. AN ORDINANCE ADOPTING A NEW URBAN GROWTH BOUNDARY AGREEMENT WITH MARION COUNTY; REPEALING ORDINANCE 1953; AND DECLARING AN ERERGENCY. WHEREAS, the Oregon Revised Statutes (ORS) Chapter 197 requires that an Urban Growth Boundary (UGB) be established around each incorporated city; and WHEREAS, the ORS Chapter 197 provides the authority to carry out governmental agreements of mutual cooperation, and WHEREAS, to be consistent with State law there must be mutual agreement between the City and County, and WHEREAS, Marion County and the City of Woodburn adopted the existing Urban Growth Boundary and Policy Agreement (Ordinance No. 1953), and WHEREAS, Marion County and the City of Woodburn have conducted a periodic review of their land use ordinances as required by Oregon law, and WHEREAS, the periodic review process has resulted in necessary revisions to the agreement, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Marion County, marked "Exhibit A" and attached hereto. Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign this agreement on behalf of the City. Page I - COUNCIL BILL NO. 1151 ORDINANCE NO. 2o21 ATTACHMENT III llA URBAN GROWTH BOUNDARY AGREEHENT ~d6z-, This Agreement made and entered into this ~>~/~(j'day of , 19 j~ , by and between the City of Woo~lburn, a ~unicipa~ "corporation, hereinafer called "City" and Marion County, a political subdivision of the State of Oregon, hereinafter called "County." WITNESSEll(: WHEREAS, IT APPEARING to the City and Coun.ty that ORS Chapter 197 and the Land Conservation and Development Commission (LCDC) Goal 14 on Urbanization required that an urban growth boundary be established around each incorporated city in the State of Oregon, and that the "estab- lishment and change of the boundary shall be a cooperative process between a city and the county or counties that surround it"; and WHEREAS, pursuant to the above noted statutory duty and the said Statewide Goal No. 14, and the authority granted by ORS Chapter 190 concerning intergovernmental agreements, City and County have, pursuant to law, decided upon an urban growth boundary, urbanization policies and revisions procedures for the area surrounding the City of Woodburn and desire to link a continuing planning process to sub- division and land use regulations within such area; and : WHEREAS, the intent of the urban growth program for the City is as follows: 1. Promote the orderly and efficient conversion of land from rural/resource uses to urban uses within the urban growth boundary. 2. Reduce potential conflicts with resource lands. 3. Promote the retention of lands in resource production in the urban growth boundary until provided with urban services and developed. NOW, llIEREFORE, the premises being in general as stated above, City and County adopt the hereinafter noted urbanization policies and revision policies which shall serve as the basis for decisions pertaining to development, parcelization and land uses in the area between the city limits of Woodburn and the urban growth boundary, such area being referred to hereinafter as the urban growth area. It is the intent of the parties that the boundary and policies as expressed herein shall be consistent with Oregon State Laws, the Marion County Comprehensive Plan and the Woodburn Comprehensive Plan. Page i - URBAN GROWTH BOUNDARY AGREEMENT ATTACHMENT III 8. Conversion of land within the boundary to urban uses shall be based on a consideration of: A. Orderly, economic provision services; for public facilities and B. Availability of sufficient land for the various uses to insure choices in the market place; C. LCDC Goals; D. Encouragement of in-filling development within developed areas before conversion of urbanizable areas; E. Applicable provisions of the Marion County and City Compre- hensive Plans. It shall be the policy of the City to discourage the extension of public facilities into the urban growth area without annex- ation. However, if, due to emergency or mutual agreement, the extention of public facilities into the urban growth area is necessary, the facilities shall be provided by and maintained by the City or its designate. 10. It shall be the responsibility of the City to review and approve all sources of funding used for the extension of public facilities into the urban growth area. 11. The City shall be designated as the primary provider of each public facility system unless otherwise agreed to by the City, the County, and any other applicable party. II. PERIOOIC REVIEl~ OF, AND AMENDt4ENTS TO,. THE URBAN GROWTH B(XJNDARY AND LAND USE PLAN. :The urban growth boundary and the land use plan for the urban growth area shall be reviewed by the City and County in accordance with the review schedule established in the mutually adopted City Comprehensive Plan, or as required by the Land Conservation and Development Commission under their periodic review rules. These, and any other amendments to the Plan, urban growth boundary or zoning in the urban growth area shall be reviewed and approved in the manner provided below. 1. Updating of the City Comprehensive Plan. A. The City shall review the Plan to determine if it needs updating. The City will develop proposed amendments and forward them together with all exhibits, findings of fact and conclusions of law regarding the amendment to the County. The County shall be allowed at least 20 days to review and submit co~ents prior to any City public hearing. The City shall be responsible for providing necessary notice of amend- ments to the Department of Land Conservation and Development (LCDC). Page 3 - URBAN GROWTH BOUNDARY AGREEMENT ATTACHMENT Ill IIA In amending the urban growth boundary, the city limits or ~their respective land use plans, the City and County shall follow all procedures as required by Oregon state law. In the case of a change in a boundary, the governing body proposing such change in the boundary, separating urbanizable land from rural land, shall base the revision on consideration of the 7 factors in [CDC's Urbanization Goal and shall support the proposal with findings to take an exception to either the Agricultural Lands or Forest [ands Goal if necessary. III. ADMINISTRATION OF ZO+(ING ~dtD SUBDIVISION REGtILATIONS In taking land use action outside the city limits and inside the Urban Growth Boundary the City and County agree to the following: 1. Application for conditional uses, variances, adjustments, partitionings, lot line adjustments and subdivision, shall be referred to the City for review and comment. The City shall have at least 20 days to review and comment. The deadline for comments shall be clearly identified in the written request for comments. If comments are submitted after the deadline they will not be considered unless the City requests reconsid- eration or a hearing in writing during the appeal period. The City will be provided notice of decisions for all such application in the urban growth boundary. The procedure for reconsideration or hearing shall be as provided in the Marion County Zoning ' Ordinance and the City shall be provided notice. 2. Application for uses permitted outright in the applicable county zone including permitted uses requiring administrative review, are administrative actions and the City is not entitled to notice of the decision or opportunity to comment. For development approved under (1) and (2), the County will apply adopted development standards including dedication of additional right-of-way or application of special street setbacks. The County will require compliance with City development standards, in lieu of County standards if the development is other than a single family dwelling and the County has adopted the City standards. In such cases the County may waive the City standards, only if waived by the City in writing. 4. For development approved under (1), or (2), if public sewer and water services or city limits are located within 300 feet of the subject property the County will require that the develop- ment connect to the services unless use of wells and septic systems or other means are allowed in writing by the City. The City shall provide notice of areas where public sewer and water services are located outside the city limits. Development of permitted uses on properties more than 300 feet from the city limits, or from an identified public sewer or water systems, will .be allowed using wells and DEQ approved waste water disposal systems. llA Page 5 - URBAN GROWTH BOUNDARY AGREEMENT A?TACHNI~=N? I~1 JUN-ZS-gg O4:llPM FROM-STOEL RIVES STOEL RIVES A T T 0 R N £ ¥ 5 ST^ND~.RD INSUgnNC[ CENTER PORTLAND OR~CON ~720~12~ ~'OO 15~221-~5 June 28, 1999 T-OTZ P.02/03 F-ZI6 MICHEL C ROBINSON Direc; Dial (503) 294-919q cm~il mcrobmson@stocl,com VIA FACSIMILE Mr. N. Robert Shields City Attorney City of Woodbum 270 Montgomery Street Woodburn, OR 97071 Re: Proposed Reimbursement District Ordinance; City Council Bill No. 1976 Dear Mr. Shields: Mr. Brown provided me with a copy of the proposed reimbursement ordinauce on Friday, June 25, 1999. I have reviewed the proposed ordinance with my client. This letter contains my client's comments on the proposed ordinance. Please see that this letter is placed before the Woodbum City Council at its public hearing on this ordinance. My associate, Frank Flyma, will attend the hearing. 1. An additional whereas clause should state that the developer, Craig Realty Crroup-Woodburn LLC, has determined that a local improvernem district cannot be established. This whereas clause is necessar~ because the condition of approval cited m the first whereas clause provides "In the event the LID is not approved * * *" The additional whereas clause strengthens the City Council's position because it demonstrates that the applicam has investigated whetlmr an MD could be formed and has determined that it carmor be formed. 2. Section 3(F). The ordinance should specify that the City standards referred to in this section are those in effect when a condition of approval is imposed requiring certain road improvements to be met or those in effect when the applicant submits construction ~awmgs for approval of public improvemems by the City. Otherwise, ~e applicant might be faced with additional requirements beyond those he had anticipated. Pom~ll-20034~ t -28-gg 04:llPU FROU-STOEL RIVES .~TOEL R. IVES ~L, T-O?Z P.O3/O3 F-Z1B Mr. N. Robert Shields June 28, 1999 Page 2 3. Section 4(C). It is unclear whether this section flatly prohibits design engineering, financing costs and permits or fees or whether such costs are prohibited to the extent that they are covered by systems development charge credits. My client believes that design engineering and fwancing costs are part of the project and should be included m the eligible reimbursement amount. It' this project were a local improvement district, such costs would be eligible costs. 4. Section 4(D). This section should clarify whether reimbursement for legal expenses is the only expense allowed or whether other experaes, such as engineering and planning expenses, are allowable. 5. Section 6(C)(5) and (6). Section 5 should be amended to reflect that the developers shall not be required to defend, irulemml~ and hold harmless the City for gross negligence. Section 6 should be similarly amended so that the developer may have a cause of action against the City for gross negligence. Please call me if you have any questions about my comments. Very truly yours, Michael C. Robinson MCR: ipc cc: Mr. Steve Craig (via facsimile & U.S. mail) Mr. Terry Hepner (via facsimile) Mr. Frank Flyrm