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Agenda - 05/24/1999 CITY COUNCIL AGENDA MAY24, 1999- 7:00P. M. 270 Montgomery Street * * Woodburn, Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Centennial Park Dedication - May 31, 1999 at 12:30 p.m. B. Joint Council/Planning Commission meeting - June 7, 1999 at 7:00 p.m. to discuss Highway 214 analysis. Appointments: PRESENTATIONS/PROCLAMATIONS A. Dave Galati of Mid Willamette Valley Council of Governments Proclamations: COMMITTEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS A. Memorandum from Police Chief Ken Wright re: retirement. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 6A 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. Ae B. C. D. Council minutes of May 10, 1999 regular and executive meetings. Park Board minutes of May 11, 1999. Berry Center Museum minutes of May 12, 1999. Building Activity Report for April 1999. TABLED BUSINESS 8A 8C 8D Page 1 - Agenda, Woodburn City Council of May 24, 1999. 11. 12. 13. 14. 15. 16. 17. 18. GENERAL BUSINESS A. Council Bill No. 1964 - Resolution entering into au agreement with Woodburn Cable Access Television (WCAT for video production services. 10A B. Council Bill No. 1965 - Resolution entering into an agreement with Financial Consulting Solutions Group to conduct a rate study and SDC review for water service. 10B Council Bill No. 1966 - Resolution certifying City's eligibility to receive State-shared revenue during FY 1999-2000. 10C D. Council Bill No. 1967 - Resolution entering into an agreement with Robert Dortignacq, AIA, for evaluation of Carnegie portion of Woodburn Public Library. E. Contract award for miscellaneous street repairs. PUBLIC HEARINGS A. Continuation of hearing from May 10, 1999 -Zone Map Amendment 99-01, Site Plan Review 99-02: Duolex located near the intersection of Young and Gatch Streets. B. Appeal of Site Plan Review 99-01 - Woodburn Animal Clinic located on :'.':': ¢':' :': ~' ¥: :: ¥::: ¥-.:~ ¥ ~ :5::::: ~. ¥: ¥5:¥'/..5 5:¥5:¥ ~ ::: ¥:: ~ ~::::.'. 5:: 5 5:¥: ¥ ~: ~.:~ 5:: 5:: :'¥5 ::5 f'-: 5.'. :'.. ~ .':.'. :::~:~:i:~.!: Evergreen Road. ~~i:. ..... C. Woodburn Comprehen...s:.~!ve Plan and Annexati~ goals and policies CP 99-01, ZO 99-01. 10D 10E PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS A. Site Plan Review 99-08 - Recreation & Parks modular unit at Settlemier Park. CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS 14A 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) ADJOURNMENT Page 2 - Agenda, Woodburn City Council of May 24, 1999. City of Woodburn e Department 270 Montgomery Street Date: From: To: MEMORANDUM Wood'urn OR 97071 May 20, 1999 ~'- '~~-~'~~/~../ Ken Wright, Chief of ~.~~ Honorable Mayor Richard Jennings and Council (503) 982-2345 Thru: John Brown, City Administrator Subject: Retirement This is to inform you of my retirement from the City of Woodbum Police Department effective July 31, 1999. I hope that my service and contribution to the city, the police department and Law Enforcement profession have been positive. While this decision is personally difficult, it is made with a clear goal in mind. I have spent 30 years and four months of my 52 years as a police officer in one capacity or another. I have worked for and with some of finest law enforcement officers in the state of Oregon. Like most all police officers I have not spent Christmas, birthdays and important family times with my family because of my job. Now, I intend to spend as much time with my wife of 28 years our son and daughter as much as they'll let me. I wish the council, citizens of Woodbum and members of the police department only the best. Sincerely, Ken Wright, Chief of Police Woodburn Police Department CC personnel all police personnel COUNCIL MEETING MINUTES MAY 10, 1999 8A TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Wright, Finance Director Gillespie, Library Director Sprauer, Management Analyst Smith, City Recorder Tennant 0043 ANNOUNCEMENTS. A) Budget Committee Workshop: The last workshop before the hearing will be held on Saturday, May 15, 1999, 9:00 a.m., in the City Hall Council Chambers. B) Budget Committee Meeting: The Budget Committee will hold the public hearing on the 1999-2000 City budget on Monday, May 17, 1999, 7:00 p.m., in the City Hall Council Chambers. C) Woodburn HousehoM Hazardous Waste Free Collection: This annual collection will be held on Saturday, May 22, 1999, 10:00 am to 4:00 pm, in the Wal-Mart parking lot. D) Centennial Park Work Party: On Saturday, May 15~, 9:00 am., volunteers are encouraged to assist in the assembling of playground equipment and assisting with other miscellaneous projects at Centennial Park. APPOINTMENTS - LIVABII,ITY TASK FORCE STEERING COMMITTEE. Mayor Jennings appointed the following individuals to serve on the Livability Task Force Steering Committee: Nancy Kirksey, Jo Ann Bjelland, Mike Bergeron, Jane Christoff, Pete McCallum, and Hazel Smith. FIGLEY/SIFUENTEZ .... appointments to the Steering Committee be approved. The motion passed unanimously. Page 1 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 8A TAPE READING 0125 PRESENTATION - V.I.S.I.T. REPRESENTATIVE RE: SILVER CREEK FALLS 0341 SCENIC TOUR DESIGNATION. Ben Gentile, V.I.S.I.T. (Valley Inter-cooperative Strategies to Increase Tourism), stated that they are a non-profit organization with a goal of economic development through tourism in the Mid-Willamette Valley and they work closely with the Chamber of Commerce groups in this area. He stated that the scenic by-way program was initiated at the federal level about 10 years ago to protect roads in the United States similar to the way protection has been extended to national and state parks. Oregon has 12 scenic by- ways which is the most in any one state. The scenic by-ways are marketed nationally and internationally for tourists to visit those areas. Developing tour routes is another part of this program and tour routes are designed to get people into your community. V.I.S.I.T. is proposing the development of a tour route beginning at I-5, following Hwy. 214 to Settlemier, down Settlemier to Garfield, then out to Hwy. 99E. The route would continue to Mt. Angel, Silverton, Silver Falls, Sublimity, Aumsville, Turner, and end at I-5 near the Willamette Valley Vineyards. The Silver Creek Falls Scenic Tour is one of 4 routes that has received conditional approval, however, Woodbum will need to make modifications to its sign ordinance in order to meet final approval under the program. He stated that the scenic by-way rules do not allow off-premise advertising signs along the by-way and V.I.S.I.T. is requesting that the Council consider passing a motion to begin the process of making necessary sign ordinance modifications to comply with the scenic by-way rules. Administrator Brown stated that staff is in the process of amending the sign ordinance at the Planning Commission level. PUGH/FIGLEY... endorse this scenic by-way project and pursue modifications to sign ordinance as requested. Mayor Jennings stated that this project could bring the City some additional federal T-21 dollars to maintain the roadways along the scenic route. The motion passed unanimously. PROCLAMATION - POLICE WEEK. Mayor Jennings read his proclamation declaring the week of May 9 - 15, 1999 as Police Week in Woodburn, and May 15, 1999 as Police Memorial Day in memory of police officers who have died in the line of duty. PROCLAMATION - PUBLIC WORKS WEEK. Mayor Jennings also declared the week of May 17-21, 1999 as Public Works Week in Woodburn. He reminded the public that, as part of this annual recognition to Public Works, riding the Transit Bus will be free to all individuals. Page 2 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 8A TAPE READING 0470 CHAMBER OF COMMERCE REPORT. Kristi Olson, representing the Chamber Board, informed the Council that on May 13, 1999, 4:30 p.m., Business After Hours will be held at Silver Creek Assisted Living, 702 Evergreen Rd.. Additionally, the Chamber is now looking for contributions for landscaping plants and volunteers to do some landscaping around the Welcome to Woodburn sign. She also stated that the Chamber visitor count for April 1999 during the Tulip Festival time period was 725 which is down from last year's count of 930. 0520 CONSENT AGENDA. A) Approval of Council minutes of April 26, 1999; B) Acceptance of Planning Commission minutes of April 22, 1999; C) Acceptance of Park Board minutes of April 13, 1999; D) Acceptance of Library Board minutes of April 28, 1999; E) Acceptance of Human Rights Commission minutes of March 4, 1999; F) Approval of Claitns for month of April 1999; G) Receipt of Police Department activity report for March 1999; and H) Receipt of Public Works Week program. FIGLEY/PUGH... consent agenda be adopted as presented. The motion passed unanimously. 0535 COUNCIL BILL 1962 - RESOLUTION ENTERING INTO AN AGREEMENT 0570 FOR LABOR RELATIONS SERVICES. Council Bill 1962 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1962 duly passed. COUNCIL BILL 1963 - RESOLUTION APPROVING INSTALLATION OF STOP 0595 SIGNS IN TI-IE IRONWOOD ADDITION OF TUKWILA SUBDIVISION. Council Bill 1963 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1963 duly passed. REQUEST TO REVIEW AND REOPEN CONSIDERATION OF BOONES CROSSING PUD. FIGLEY/PUGH... reconsider its tentative decision in annexation case g97-08, zone change g97-12, conditional use g97-03, variance g97-12, and Planned Unit developement g97-03 and direct the staff to re-notice and re-open an additional public hearing in order to hear additional evidence on the subject of impact on Brown and Settlemier Avenues, to occur on June 14, 1999. Page 3 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING Councilor Figley stated that if people have additional evidence to provide the Council prior to making the final decision, the Council should, in fairness, give them an opportunity to present that evidence. On roll call vote, the motion passed unanimously. 0653 CONTRACT AWARD: EMERGENCY REPAIR OF PUMP FOR CENTENNIAL 0675 WELL. An emergency repair to Centennial Well located on National Way is necessary before high water usage is experienced as a result of the summer months. Staff requested that the quote from Queen City Pump in the amount of $7,521 be approved by the Council in order to have repair work to the beatings and shaft done at the same time this company is installing sensor equipment on this pump to determine static water levels. FIGLEY/KILMURRAY... approve a contract with Queen City Pump for emergency repair of the pump at Centennial Well in the amount of $7,521.00. The motion passed unanimously. COST SHARING AGREEMENT FOR ARNEY ROAD AND HWY. 219 IMPROVEMENTS: Woodburn Company Stores. Steve Craig, Woodburn Company Stores, stated that his company has been trying to arrive at a Fair Share Agreement which involves an agreement between 8 property owners and 2 public agencies. He stated that a condition attached to his development was the formation of a local improvement district (LID) for the purpose paying for this improvement, however, several property owners were against the LID. As part of their research, they concluded that a development agreement was the most expedient and cost efficient way of moving forward with this improvement. With the assistance of their attorney and the City's Attorney and Administrator, he feels that they are in a position to present to the Council two proposed development agreements. One development agreement would be for the traffic signal and the other agreement wQuld be for the extension and widening of Arney Road and Willow Avenue. He feels that the property owners are in support of these agreements. Attorney Shields has drafted the development agreements, however, they would like to include language in the indemnity clause that would accept claims for gross negligence on the part of the City or wilful misconduct. He stated that the property owners would be expending approximately $825,000 for the required roadway and traffic light improvements. Another issue he discussed with the Council is the completion of these conditions prior to occupancy for the stores. He stated that the original conditions do not specifically address the occupancy issue and, even though he realizes that the work needs to get done as soon as possible, he is at the mercy of the City and State for issuance of permits. He presented the Council with a plan for completion of the work and, if work is able to start immediately, all work should be done by July 20th. He expressed his desire to work in concert with the City to get the Page 4 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0937 improvements done as soon as possible. Lastly, before a contract can be executed with the contractor, there needs to be an understanding with the City on the cost sharing plan so that work may begin immediately. Councilor Figley expressed her concern in not having the improvements completed before the center is open due to the large influx of traffic. Mr. Craig stated that they would like to have all of the work completed before the center is open. However, there will be some minor improvements being made such as signage, striping, etc., after the July 20th date. The anticipated full completion date is August 2nd which is in advance of the scheduled Grand Opening date of August 19th. He stated that they are very appreciative of the assistance provided by Administrator Brown in getting the work done to date. Mayor Jennings requested clarification of the work that the City is requesting to be completed that is outside of the established conditions. Mr. Craig stated that it involved an overlay on Highway 219 that the Public Works Director suggested as an inclusion and, when brought to the Administrator's attention, he has agreed to the City being responsible for the work. Mayor Jennings expressed his opinion that the pavement must be laid before the center is open to the public. Mr. Craig stated that the first lift of paving is scheduled for completion prior to July 15t~ and he requested Council acceptance of his proposal to allow the center to open following the laying of the first lift of paving. In regards to the traffic light, he stated that, according to the schedule, the lights should be operational by the end of July. He reminded the Council that the schedule presented to them at this meeting is dependent upon the issuance of permits tomorrow. 1286 Administrator Brown stated that the numbers supplied by Mr. Craig are based on construction bids and the Public Works Dept. is currently reviewing the bids to see if there are some efficiencies that would lessen the final cost of the improvements. He reminded the Council that the City would be a party to the agreement but would not be part of an enforcement role since there is nothing in the document that addresses a "what if" situation if someone does not pay. The agreement calls for voluntary signing based on their understanding of their benefit to be received from the specific improvements. Attorney Shields stated that the actual agreement is a 76 page document and he has made several form changes. However, he strongly advises the Council to retain his original language regarding liability since it serves to protect the public's interest in the event there is future litigation. He reiterated that the developer would not have had liability if the LID process was followed. The City will be a party to the development agreement, but not a private party, and the non-liability language in this proposed agreement mirrors the language used in the Wal-mart development agreement. He also stated that the City's condition was to establish an LID and, if an LID is not established, it is the Council's 8A Page 5 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 1578 decision as to how the parties come to an agreement. Administrator Brown expressed his concern that all concerned parties may not want to sign the development agreement. It is his belief that the developer is responsible for the road improvements but at a fair share of the total costs. Other property owners will benefit in both access and an increase in their property value due to the factory store project. In the event the development agreement is not signed by all parties, he suggested that a reimbursement district be formed and the Council would be asked to establish a fair share for each of the properties based on an engineering analysis done by the Public Works Department. A reimbursement district would provide an enforcement tool in which properties not currently developed would be required to pay their fair share prior to being issued permits. FIGLEY/PUGH ..... applicant be allowed to proceed with an agreement in lieu of assessments functional equivalent of an LID as a mechanism to complete the financing of the Arney Road and Hwy. 219 traffic signal improvements and, if the applicant is unable to secure the signatures of the owners of the benefitted properties located within the City on this agreement, the City Council initiate the formation of a reimbursement district upon the improvements. On roll call vote, the motion passed unanimously. 1835 Administrator Brown stated that the City staff will give the developer their full cooperation to expedite the permit process. Two issues that need to be clarified are 1) timing of the improvements and 2) Council's wishes on the indemnification clause. During Council discussion on the improvement issue, it was the consensus of the Council to have the roadway (paving improvements) completed by the July 15th opening date and they suggested that the second lift of paving be laid in the evening hours rather than daytime hours. Mr. Craig stated that the traffic light is on order and it is anticipated to be operational prior to the Grand Opening. PUGH/FIGLEY... accept Attorney Shields advice regarding the indemnity language. The motion passed unanimously. 2100 REVIEW OF OPTIONS ON MONTEBELLO SUBDIVISION. Mayor Jennings recommended that the Council adopt the option of status quo and, if adopted, he and Councilor Figley will personally visit every resident on the west side of Columbia Drive to talk to them individually. He stated that he did not feel that the City is in a position to hold up the Montebello development any further and, since a consensus could not be reached when staff met with all parties, he feels that meeting with each owner will be more beneficial to arriving at a solution. Harold Spohr, 813 S. Columbia Dr., distributed a letter to the Council which suggested that another meeting be held with the residents living on the west side of Columbia which Page 6 - Council Meeting Minutes, May 10, 1999 8A 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING would address the following: 1) legal opinion on transfer of property to affected property owners, 2) definition of utility easement and impact on the property owner, 3) decision on the split of the property if vacated, and 4) discussion on final recommendation to be forwarded to Council for consideration. Mayor Jennings reiterated that he would like to have an opportunity to meet with property owners individually since they will each be impacted by the final decision. Councilor Figley stated that she would like to meet with the owners to arrive at a workable solution. She also felt that there needs to be a resolution to this issue and that the City not hold up Capital Development Company on this project. PUGH/SIFUENTEZ .... leave this review of the status quo until the Mayor' s investigation is complete and release Montebello Subdivision by allowing them to proceed on course. Attorney Shields stated that staff will prepare an ordinance since a final land use action needs to be taken. Councilors Pugh and Sifuentez agreed to direct staff to prepare an ordinance for the next meeting. The motion passed unanimously. Mayor Jennings stated that he will be in touch with the property owners within the next 10 days. The Council took a recess at 8:23 p.m. and reconvened at 8:33 p.m.. 2630 PUBLIC HEARING ON ZONE MAP AMENDMENT g99-01 AND SITE PLAN REVIEW g99-02: DUP1,EX LOCATED NEAR INTERSECTION OF YOUNG 2650 AND GATCH STREETS. It was announced that this hearing will be continued to May 24, 1999 at 7:00 p.m.. PUBLIC ttEARING ON ANNEXATION g98-03, PLAN MAP AMENDMENT #98- 02, AND ZONE CHANGE 998-04: WOODBURN COMPANY STORES. Mayor Jennings declared the public hearing open at 8:35 p.m.. Recorder Tennant read the land use statement required by ORS 197. Director Goeckritz entered the staff report and following exhibits into the record: Exhibit 1) Application by Woodburn Company Stores for Phase II; Exhibit 2) Woodburn Factory Stores Phases II and III by Kittleson & Associates, Exhibit 2a) Woodburn Factory Stores Phases II and III transportation impact analysis technical appendix. In addition, the staff has distributed a letter from David Phillipi, Stole, Rives, LLP Associate, relating to the ODOT and LCDC issues. Mayor Jennings questioned if the letter from the Department of Transportation was an exhibit that should be entered into the record. Page 7 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING Director Goeckritz stated that the letter has been included in the staff report. He stated that the Planning Commission had approved an order recommending the annexation of approximately 8 acres with a Comprehensive Plan map amendment from RM to Commercial and a zone map amendment from Urban Transition Farm (UTF) to Commercial Retail. The Commission also established three conditions that they would like the Council to adopt: 1) improvements required to address traffic impact shall be determined at the time of site plan review based on traffic impact analysis that incorporates considerations of Phase I of the Factory Outlet Center; 2) access improvements required along the north line of the property line shall be determined at the time of site plan review; and 3) delineation of the wet lands will need to be reviewed. He stated that the Center was originally approved in 1998 and Phase I of the project provides for approximately 243,000 sq. feet of structure. Phase Il would consist of approximately 162,000 sq. feet which will include some build out of the original 28 acres plus incorporating a portion of the additional 8 acres. The total build out of this facility will be about 405,000 sq. feet. Staff feels that they have adequately addressed all of the land use goals, along with the comprehensive plan and zoning criteria, in this application. He referenced letters submitted by the Oregon Dept. of Transportation (ODOT) dated May 5, 1999 which provided the City with alternatives on how to resolve concerns ODOT may have with this proposal. Director Goeckritz identified the following alternatives the Council could consider: 1) land use action conditioned on applicant going through site plan review process and meeting Transportation Planning Rule requirements at that time; 2) zone change be restricted to use of a factory outlet mall; and 3) City continue action on the land use action and order applicant to revise the TIS to eliminate I- 5 interchange improvements from the 2015 analysis. Director Goeckritz also referenced a letter from LCDC dated March 22, 1999 which was submitted after the Planning Commission had approved their final order. This memorandum presented several issues relating to compliance with statewide planning goals, statutes, and regulations. He stated that staff feels that Goal 9 is adequately addressed since the additional stores will have a positive impact on the community. In regards to Goal 10, the City may need to work on land availability for the 4 acres of multi-family residential land that is being proposed to change to Commercial but he feels that it can be accomplished. He also stated that LCDC is requesting that a refinement study be completed first before further development occurs which could be two or more years before it is reviewed and adopted. Additionally, they are suggesting that the buildable lands inventory be adopted which could be another year or two before it is completed. Director Goeckritz expressed concern over LCDC's comments since he felt that approval could be substantiated and, if necessary, staff would want the applicant to carry forward Page 8 - Council Meeting Minutes, May 10, 1999 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING any appeal of this action to the Land Use Board of Appeals. He als° reiterated that the Commission and staff have recommended that any site plan approval be subject to another traffic impact study which would give consideration to both Phase I and Phase II in combination with any other development that has occurred. Mayor Jennings asked if any of the Councilors wanted to declare a conflict of interest or ex-parte contact before further testimony is received on this issue. No declarations were made for the record. 0900 Mike Robinson, attorney representing Craig Realty Group, entered into the record a memorandum dated May 6, 1999 from City staff which relates to the work in progress to identify the City's buildable lands inventory. In regards to ODOT's letter, they do not feel that this project will not have a significant effect on transportation facilities under state rule. He stated that the first transportation study was completed in 1992, the second one was completed in 1998, and the third one completed in May 1999. The Transportation System Plan described alternatives that could be done to improve the interchange, however, a refinement plan needs to be completed before a final decision is made on which alternative to select. He stated that the refinement plan requirement does not invalidate the Transportation System Plan nor does it require the City to wait until the plan is completed before further development takes place. Mr. Robinson expressed his opinion that the rule only requires the Council to look at what the impact development would have over the next few years at the I-5 intersection. He stated that the study shows that changes recommended in the traffic study will be sufficient and he reminded the Council that the Transportation System Plan adopted in 1996 had already considered the amount of traffic generated by this type of development. He also stated that multi-family residential generates higher impact Monday through Friday during the same hours many other motorists are on the roadway whereas the outlet center generates the highest impact on Saturday and Sunday. In regards to the limitation of a factory outlet center only at this site, he agreed that this would be an acceptable condition of approve. The third issue brought up by ODOT is a site design issue and stated that, if approved, they could write the necessary findings but defer the specific fact finding until the site development review approval. Mr. Robinson then responded to the issues brought forth by LCDC. He expressed his opinion that the City's acknowledged plan relating to buildable lands shows that there is a housing surplus of multiple family units. In regards to Goal 9, economic development, this project would be a benefit to the City and surrounding area since it will bring tax dollars and jobs into the area. He also expressed his opinion that the 45 day notice rule to LCDC has been met since the City mailed the notice to LCDC in late February. In regards to the Planning Commission's condition on the traffic impact study, he requested that the Council not adopt this condition for the following 3 reasons: 1) by law, the Council needs to make decisions on traffic impacts, 2) site design review criteria considers access to the street but not off-site traffic impacts, and 3) the City has Page 9 - Council Meeting Minutes, May 10, 1999 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING O85O 1045 already been presented with 3 traffic studies for this area and have required substantial improvements to date. He asked the Council to follow the Planning Commission and staff recommendation to approve this application with the exception of the additional traffic study. Gary Katsen, Professional Civil & Traffic Engineer with Kittleson & Assoc, provided additional comments on ODOT'S comments regarding the refinement study. He stated that the City is moving forward on their advanced planning for Highway 214. The Transportation System Plan outlines improvements to be made throughout the 20 year period of the TSP. Of the 5 year improvements identified, 6 of the 7 or 8 improvements have been conditioned on developments in the area and are moving forward. The 7t~ improvement is the Hwy. 214 project which has also been gaining momentum. The traffic study looks at a worse case scenario in which there is only one interchange for the City during the next 20 years. He stated that there has not been any technical assumptions brought forth by ODOT or LCDC that would indicate that the study provides incorrect information. The traffic study provided for a phase in approach for the development to 2003 and then it looked at a scenario to 2015. It was noted that Phase H (approximately 3.5 acres) and Phase Ill (approximately 4.5 acres) would be built in separate phases. Steve Craig, applicant, stated that 2 or 3 separate meetings with ODOT had been held to review the criteria used in the study. They have received no comments from ODOT that would indicate that the data was unacceptable therefore, the most recent analysis could be used by the Council in making their decision. He stated that they had originally intended to come before the Council last year with the full development plan rather than by project phases. City staff had requested the phase approach since their staffing level was limited and, for the purpose of accommodating staff, they agreed to do the project in phases. He reminded the Council that they will be investing about $4.5 million in roadway improvements (on and off-site) as part of Phase I. He requested that the traffic issues be addressed at this time since it is unknown as to what the conditions may be two or three years into the future. In regards to the wetland condition, he stated that he would support that condition and they have retained a firm to complete a wetlands delineation study. Lastly, with the purchase of the 8 acres, the Stampley's were given a 60' easement along Craig Realty Group's property for the purpose of giving them accessibility and his company is working with the Stampley's with respect to the wetlands mitigation which will include enough area for the Stampley's to build a roadway over the wetlands. Mayor Jennings reminded the Council that the property owned by the Stampley's and Sprague's are outside of the city limits and the Urban Growth Boundary. Councilor Pugh stated that he had prior discussion with Ray Stampley and others in that particular area but does not feel that it is a conflict of interest. 1266 Dan Frickey, ODOT Senior Transportation Planner, referred to the May 5'~ letter from ODOT. In regard to the interchange and level of service analysis, prior meetings with the Page 10 - Council Meeting Minutes, May 10, 1999 ' ' 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 1969 developer were held and no technical flaws were found in the analysis which would invalidate the analysis. ODOT's issue is their concern that the analysis may be incomplete. Technical reading of the Transportation Rule may not require a 15 or 20 year analysis for a project of this type, however, amendments to the Comprehensive Plan should look at the same analysis period in which the Transportation Plan is in effect. The Transportation System Plan did provide for a number of alternatives, however, no specific alternative has been identified as of this date. Steve Craig stated that the trip generation data reflects numbers which he considers to be quite high and, if the City elects to pursue another study, the City consider providing refunds for the improvement levels if in fact the traffic counts are less than the original projections. He reiterated that he is not suggesting that the City take that approach, however, it is a consideration that should be given when the decision is made. He supported ODOT' s position to look at it now and not take a continual look at trip generation after the fact. Councilor Bjelland questioned if ODOT's recommendation is that the land use action should be considered condition on going through the site plan review process and meeting the requirements of the transportation planning rule at that time would require another traffic impact analysis to meet the transportation planning rule. Mr. Frickey stated that at the time the letter was written, it was unclear if a site plan review process would be applicable for Phase II and m. Now that they know there will be a site plan review, ODOT has no problem with these issues being addressed and compliance being shown at the site plan stage. He also stated that, based on current information, the level of service at the interchange will not fall below a level that is significant based on recent case law. They continue to have concern with the unknowns associated with interchange improvements. He requested that ODOT be given a copy of the letter from Mr. Robinson's associate and that the record remain open for 7 days to give them an opportunity to respond to the City, in writing, if they think it is necessary. Brief discussion was held regarding trip generation data on a multi-family residential development versus a commercial zone. During rebuttal, Attorney Mike Robinson briefly reviewed the alternatives and financing element included in the City's Transportation System Plan which indicates that the City is committed to making improvements in the I-5 interchange area. He also requested that record not be left open for 7 days since the letter written by his associate, Mr. Phillipi, reiterates his February 11th letter which is included in the Council's packet. He stated that this application was submitted to the City last September and they would like to bring this matter to a close. Mayor Jennings stated that the Transportation System Plan did include 3 options that were not prioritized at the request of the approving agencies since one of the three options was outside of the City's Urban Growth Boundary. Page 11 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING Mr. Katsen stated that the requirements established for the traffic analysis have been met, the application has been deemed technically complete, and they have not received any notice that information was missing. He believes that the Transportation System Plan is a guiding document in terms of the analysis to the year 2015 and identifies when certain project improvements should be completed. Councilor Figley questioned if it is appropriate to place any conditions on issuance of building permits or under site plan review for Phase II that would require satisfactory completion of the Phase I improvements. Attorney Shields stated that the annexation is not subject to the 120 day rule, however, a decision needs to be made in a reasonable period of time. In terms of the condition, any condition related to Phase I needs to be reasonably related to Phase I, and Phase II needs to be reasonably related to Phase II. If a waiting period is desired, he suggested that the Phase II action be continued. Mike Robinson stated that the applicant is willing to agree that the approval of Phases II and III are conditioned upon the successful completion of Phase I improvements. Further discussion was held on the issue of requiring another traffic study and whether or not the hearing should be continued until such time as the Council obtains more information to make their decision. BJELLAND/FIGLEY .... continue the public hearing for the purposes of having a workshop on the transportation issues at which point in time additional testimony concerning the traffic impact analysis that has been submitted on this project. Attorney Shields stated that the hearing should be set for a date certain to avoid re- notification in the newspaper. Administrator Brown stated that next Wednesday or Thursday of next week would be the earliest time in which the Council would be able to meet due to Council prior meeting commitments. Mayor Jennings stated that he was opposed to a continuance of the hearing based on the criteria included in the motion. Councilor Bjelland stated that the Council did not receive any of the'traffic impact analysis in their portfolio and this concerns him especially for a project of this size. He feels uncomfortable with voting on a project which, overall, will generate a high volume of traffic in this area. His figures indicate that the trip generation numbers based on weekday peak hours of an outlet center will generate 3 times the amount of traffic generated by an apartment complex on 8 acres which is contrary to the testimony presented during this hearing. He feels that, as a new member of the Council, he would benefit from being more educated about the plan in a workshop setting thereby feeling more comfortable with making a decision on this project. The other Councilors briefly expressed their views and, even though they realize that the City has traffic problems, they were satisfied with the findings in the most recent traffic analysis. Page 12 - Council Meeting Minutes, May 10, 1999 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING On roll call vote, the motion failed 1-5 with Councilors Pugh, FigleY, Kilmurray, Sifuentez and Chadwick voting nay. Tape 3 Mayor Jennings declared the public hearing closed at 10:13 p.m.. Attorney Shields reminded the Council that a request had been made to keep the record open for 7 days. He agreed that the Council is not required to keep the record open but suggested that they make a decision on this request. PUGH/KILMURRAY... deny the request by ODOT to have the record remain open for another 7 days. Councilor Bjelland expressed opposition to the motion since ODOT did make the request to the Council for the purpose of allowing them the opportunity to submit potential additional evidence to the Council for consideration. On roll call vote, the vote was 3-3 with Councilors Bjelland, Sifuentez, and Chadwick voting nay. Mayor Jennings voted nay to defeat the motion. FIGLEY/PUGH... approve the annexation, comprehensive plan map amendment, and the zone map amendment subject to conditions 2 and 3 of the Planning Commission' s conditions of approval plus two additional conditions being 1) approval be for factory outlet stores only and 2) no development of Phase 11 until Phase I improvements specified in conditions of approval for Phase I are completed. She stated that her motion would eliminate the condition for the traffic study. FIGLEY/PUGH... motion be restated as follows: Council approve the annexation, Comprehensive Plan map amendment and the zone map amendment subject to conditions 2 and 3 of the Planning Commission' s conditions of approval and the following three additional conditions: 1) approval for factory outlet stores only, 2) no development in Phase II until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily, and 3) Transportation planning role Section 660-01-012-045 at the site plan review stage; further, the attorney for applicant be requested to submit the draft form of ordinance and ,findings of fact for review by staff and forwarding to Council. Brief discussion was held regarding the elimination of the condition for the traffic impact study. Councilor Bjelland expressed concern that road improvements to address the traffic impact may not be addressed as the motion is so stated which is a separate from the traffic analysis. Director Goeckritz stated that the site plan review will involve on-site review. Councilor Figley stated that the point of her motion was that any additional traffic impact will be done at the site plan stage if necessary. On roll call vote, the motion passed 5-1 with Councilor Bjelland voting nay. Attorney Shields reminded the Council that passage of the motion is a tentative decision on the part of the Council and the ordinance will make the land use decision final. Page 13 - Council Meeting Minutes, May 10, 1999 , , 8A COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING 0320 Beverly Koutney, Woodbum Downtown Association (WDA) Chair, stated that they have changed their meeting date/time to each Wednesday, 3:30 p.m., at City Hall. She stated that at the last meeting, discussion was held on a excursion train to Silverton, a train museum, submittal of a grant to hire a downtown manager to organize a maintenance district, delegates to be sent to the "Livable Oregon" conference on June 2aa & 3ra at Sun River, and the escorting of a Eugene Senior Group tour to some of the businesses in downtown area before they went to the Tulip fields. 0425 SITE PLAN ACTIONS. A) Appeal of Site Plan Review t/99.01: Woodburn Veterinary Clinic. FIGLEY/PUGH .... Council hear this appeal at their regular meeting of May 24, 1999, at 7:00 p.m.. Attorney Shields stated that this hearing will be noticed since it is a land use issue. The motion passed unanimously. 0473 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he had received some compliments earlier this evening on work relating to the Factory Stores project. He stated that all of the progress made towards right-of-way and wetlands issues are a result of the work done by Public Works Director Tiwari and he expressed his appreciation for his good work. 0500 MAYOR AND COUNCIL REPORTS. Councilor Figley reminded the public that the Centennial Park work party will be held on Saturday, May 15t~, at 9:00 a.m.. Councilor Kilmurray stated that the Safe Kids Injury Prevention Fair was held at Wal- Mart last Saturday and it was well attended. Activities included a bike rodeo fair, and booths and/or staff representation from the local clinic, Woodburn Police Dept., Aquatic Center, Sheriff's Dept., OHSU, Emmanuel Oregon Burn Center, and Think First. Councilor Sifuentez requested that staff look into safety alternatives relating to pedestrians crossing Highway 214 to get to the Salud Center. She also expressed her pleasure in hearing that the downtown area is receiving visitors and she reiterated that there is excellent food served by those local businesses. Mayor Jennings stated that he needs names of individuals willing to serve on the Human Rights Commission from Wards II, 111, IV, and VI. O586 EXECUTIVE SESSION. FIGLEY/KILMURRAY... move into executive session under the authority of ORS 192.660 (1)(d), ORS 192.660 (1)(f), and ORS 192.660 (1)(h). The motion passed unanimously. Page 14 - Council Meeting Minutes, May 10, 1999 COUNCIL MEETING MINUTES MAY 10, 1999 TAPE READING The Council adjourned to executive session at 10:36 p.m. and reconVened at 10:49 p.m.. Mayor Jennings stated that no decisions were made by the Council in the executive session. 0610 CHADWICK/KILMURRAY .... authorize the City Attorney to send a 10 day demand and file an action against the owners of 591 N. Front Street for abatement of a dangerous building. The motion passed unanimously. 0628 PUGH/FIGLEY... authorize the City Attorney to send a 10 day demand and file an action against the owners of 347 N Front Street for abatement of a dangerous building. The motion passed unanimously 0640 FIGLEY/SIFUENTEZ... authorize City Attorney to dismiss case g99C11795, City of Woodbum v Valentina Sobolev based on the fact that the building at 333 N First Street is no longer a dangerous building according to the Woodburn Building Official. The motion passed unanimously. 0650 ADJOURNMENT. BJELLAND/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:54 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 15 - Council Meeting Minutes, May 10, 1999 Executive Session COUNCIL MEETING MINUTES May 10, 1999 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 10, 1999. CONVENED. The Council met in executive session at 10:39 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, Recorder Tennant The executive session was called under the following statutory authority: 1) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations; 2) ORS 192.660(1)f) to consider records that are exempt by law from public inspection; and 3) ORS 192.660(1)h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ADJOURNMENT. The executive session adjourned at 10:54 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 1 - Council Executive Session Minutes, May 10, 1999 8B MINUTES RECREATION AND PARKS BOARD REGULAR MEETING MAY 11, 1999 CITY COUNCIL CHAMBERS CALL TO ORDER The meeting was called to order at 7:15pm by Chairman Lee Ehrens. ROLL CALL Members Present: Lee Ehrens, Chairman, Darryl Kelley, Dorothy Senatra, Pat Wafts, and Janet Greenwell. Members Absent: Frank Anderson and Debbie Wolfer Staff Present: Randy Westrick, Director, Shirley Pitt, Park Secretary, Brian Sjothun, Recreation Coordinator, John Pitt, Parks and Facilities Superintendent and Dave Neagle, Asst. Aquatic Manager MINUTES Recreation and Parks Board Minutes of April 13~ were presented for approval. MOTION: D. KELLEY: Approve Recreation and Parks Board Minutes of April 13,1999 as presented. D. SENATRA: Seconded the motion Motion passed unanimously. m BUSINESS FROM THE DIRECTOR Staff Reports: a. Leisure Services - Brian Sjothun >>>Sign up for summer day camp is under way and with another week added, Brian is expecting another sell out. This is a very popular summer activity. Kristi Davidson, a five year veteran employee will be camp leader this year. Kristi has an excellent rapport with the campers and works well with her peers. >>>Under the supervision of our Jesuit Volunteer the Drop-In kids are painting signs for WRPD and should complete them soon if the weather ever clears up. >>>Adult soccer has begun is going well and bringing in revenue. >>>Brian said he had been contacted by the High School who is considering using Legion field for High School soccer next year. IOA May 24, 1999 TO: FROM: SUBJECT: ~M. ayor and City Counc~l~ City Administrator Video Production Contract RECOMMENDATION: It is recommended the City Council adopt the attached resolution authoring the Mayor to execute an agreement with Woodburn Community Access Television OVCAT) for video production in the City Council Chambers. BACKGROUND: The City is installing two wall mounted video cameras in the Council Chambers. This is Phase I ora two year project to improve the quality of television broadcasts from the Council Chambers. Phase I includes the two cameras, and installation of a control room with the equipment necessary to produce high quality video. Operation of this equipment needs to be performed skilled individuals, to protect the City's investment in video equipment, and to insure high quality video coverage of official City meetings and activities. Staff has negotiated a contract with Woodburn Cable Access Television (WCAT) to operate the new equipment. The contract calls for WCAT to broadcast the following events: a. Two City Council meetings per month b. Two City Planning Commission meetings per month c. One Recreation and Parks Board meeting per month d. Eight hours of other government related programming per month, as requested by the City. Broadcast of any additional events is outside this contract and will be negotiated on a case by case basis. The contract does not grant exclusive use of the facilities to WCAT.' The City may use other producers or its own staffto broadcast from the Council Chambers. The contract also provides that WCAT shall provide only trained and qualified technicians to operate the equipment, and WCAT will be responsible for their training. Should the City's equipment fail, WCAT will make reasonable efforts to provide video equipment until the City equipment is returned to service. Maintenance of equipment in the City Council Chambers is the City's responsibility. The City will also be responsible for providing videotape, and other supplies needed to support the Chambers production facility. The term of this agreement is through October 25, 1999 which provides approximately six months as a trial period. If at the end of that period the City is satisfied with the services 10A Mayor and City Council May 24, 1999 Page 2 of 2 rendered, the contract can be extended for one year terms. If the City is not satisfied any time during the six month trial, the contract can be terminated on 60 days notice. Compensation is set at $2,700 for the contract period, for the operation of the City's video production equipment. The payments will be made in two quarterly installments of $1,350 Financial Impact: Compensation to WCAT during the contract period is $2,700. Funding to purchase the contracted services is budgeted in the Cable TV Fund, and is supported by franchise fees collected from DirectLink. JCB IOA cotr cm BmL NO. 1964 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN CABLE ACCESS TELEVISION, INC. (WCAT) FOR VIDEO PRODUCTION SERVICES. WHEREAS, the City recently installed video production equipment in the City Council Chambers, and WHEREAS, Woodbum Cable Access Television, Inc., (WCAT), a non-profit corporation whose function is to administer and manage public, educational and government access television, appears able to provide video production services and to operate the City's video production equipment in an efficient manner, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, a copy of which is attached hereto as Attachment "A' and by this reference incorporated herein, with Woodbum Cable Access Television, Inc. (WCAT) to provide video equipment services and to operate the City's video production equipment. Section 2. That the Mayor of the City of Woodbum is authorized to sign said agreement °nbehalf°ftheCity' ~ el / Approved as to form~ ~ C~ ~__1 ~ ~ Dat City Attorney 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 - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT Page~ / of VIDEO PRODUCTION SERVICES AGREEMENT This Agreement made and entered into by and between the City of Woodburn, Oregon, an Oregon municipal corporation, hereinafter called '~the City", and Woodburn Cable Access Television, Inc., an Oregon non-profit corporation, hereinafter called "WCAT". RECITALS WHEREAS, the City has recently installed video production equipment in the City Council Chambers; and WHEREAS, WCAT is a non-profit corporation whose activities are described in the Cable Access Management Agreement with the City and whose role is to administer and manage public, educational and governmental access television, as specifically provided for in the City's cable television franchise ordinances; and WHEREAS, WCAT appears able to provide video production services and to operate the City's video production equipment in an efficient manner while continuing to meet its obligations under the Woodbum Cable Access Management Agreement; and WHEREAS, the purpose of this Agreement is to use the City's video production equipment in a manner which conserves public resources, avoids duplication of effort, and meets the needs of the City, WCAT, and the general public; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, the parties agree as follows: 10A WCAT OBLIGATIONS 1. WCAT agrees to operate for the City the video production equipment installed in the City Council Chamber and to provide to the City the video production services stated in this Agreement. WCAT shall operate said equipment in a manner to ensure op~t,~um performance and the highest level of broadcast/technical standards available with the installed equipment. 2. WCAT agrees to cablecast "live" and videotape for later cablecast (within the following two weeks, as the programming schedule allows) the following events using the City's video production equipment: Two City Council meetings per month. Two City Planning Commission meetings per month. One Recreation and Parks Board meeting per month. Eight hours of other government related programming per month, as requested by Page 1 - Agreement ATTACHMENT ~ Page ~ of the City, provided that reasonable notice is given to WCAT to cablecast the event, and that WCAT personnel is available. IOA 3. Any other event not specified in paragraph 2 above that the City requests WCAT to have taped or cablecast shall be considered separate from this Agreement. WCAT will consider such requests for productions not specified above, provided that WCAT has personnel, programming, and other resources available, and that at least two weeks notice is given to WCAT by the City. WCAT reserves the right to refuse any additional production requests, if resources are not available to cover the event. 4. WCAT's Board of Directors shall authorize its Executive Director to administer and carry out WCAT production obligations under this Agreement. 5. WCAT shall provide to the City a list of trained, and qualified operators to mn the City's video production equipment. Such operators shall be trained by WCAT staff and shall possess the degree of skill and diligence normally employed by trained video equipment operators in the State of Oregon. WCAT agrees to assume responsibility for these operators, who shall not be employees of the City. Initial operators for the equipment shall be WCAT's Executive Director, with WCAT's President and Treasurer (Board of Directors) serving as backup operators in the absence of the Executive Director. WCAT shall notify the City of any change in the above listed individuals. 6. WCAT and the City agree to keep an in-house log of equipment use, along with a discrepancy report, with the operator's initials for ail operators who use the video equipment. A schedule of events and upcoming usage schedule shall be posted in a convenient location at Woodburn City Hail. WCAT shall be given reasonable notice by the City of any scheduled use of the City's video production equipment, so an operator can be provided to record/air the government event. 7. WCAT shall make every effort to assure that technical breakdowns do not occur. In the event of technical failure, WCAT will make all reasonable efforts to secure the use of alternate video equipment in its possession to make up any deficiencies in equipment and to assure uninterrupted service to the City and government programming. In the event a technical failure occurs and alternate equipment is not available, WCAT shall notify the City in writing of such occurrence. WCAT will make all reasonable efforts to "make-up" the production to the satisfaction of both parties in a timely manner. 8. Both parties understand that WCAT has no discretionary control over the audio and video quality of its cablecast signal, beyond the point of the video equipment (modulator), and to the point of demarcation. WCAT agrees to take ail reasonable steps to communicate with North Willamette Telecom, Inc., dba DirectLink of Oregon, any noticeable and apparent deficiencies in the transport facilities from the point of demarcation at the Council Chambers, to the homes of the cable subscriber. WCAT shall work with DirectLink to correct deficiencies when necessary. WCAT shall communicate any findings/results of inquiries/repairs, etc. to the City in a timely Page 2 - Agreement CITY OBLIGATIONS ATTACHMENT //~ Page- ~ of ~-~ 9. The City shall pay to WCAT during the first term of this Agreement the sum of $2,700.00 for the operation of the City's video production equipment. During the second and subsequent terms of this Agreement, the City shall pay to WCAT the sum of $5,400.00 per year for the operation of the City's video production equipment. Such payment shall be made quarterly ($1,350.00 each payment), and shall be deposited into WCAT's General Operating Fund account. Said monies will be overseen by WCAT's Board of Directors, and administered as outlined in WCAT's bylaws and budget policies. WCAT shall provide to the City a written log of the actual hours worked by the video equipment operators as supporting documentation. 10. The City shall be responsible for providing videotape for the purposes of recording a cablecasting government programming over the public access channel. The City shall also be responsible for any maintenance costs for the equipment not already covered under vendor/equipment warrantees, maintenance, or service agreements. 11. Funds paid by the City to WCAT for under this Agreement shall have a separate line item in WCAT's budget and any expenditures shall be indicated and itemized as such according to specifications set forth by the City. 12. The City shall assume the financial responsibility for future City owned equipment upgrades and purchases (for use by City) and the City shall be responsible for any costs incurred due to fiye, theft, vandalism, or loss incurred due to equipment failure beyond normal repair or replacement. WCAT will, upon request by the City, research and obtain equipment specifications and provide advice to the City on future equipment upgrades, purchases, and replacement should such advice be needed or requested by the City. WCAT agrees to assume financial responsibility for operator error (i.e., loss of program, recklessness with equipment) and shall reimburse the City for costs associated with the lost program/damaged equipment. 10A GENERAL PROVISIONS 13. Term The term of this Agreement shall be from its date of execution until October 25, 1999. This Agreement may thereafter be renewed by mutual agreement of the parties for successive one year terms. Renewals of this Agreement shall be by a written memorandum signed by the City Administrator and an authorized representative of WCAT. 14. Performance Review. The City shall review from time to time WCAT's performance in the management and operation of the video production facility. If, in the opinion of the City, the service by WCAT is not to acceptable standards, a notice of deficiency shall be issued to WCAT by the City. WCAT shall have 30 days from the date of notice to correct said deficiencies. 15. Service. WCAT shall provide a professional level of service and technical support to the City, shall remain objective in its coverage of government productions, and shall conform to local and state rules and regulations regarding media coverage of Oregon's public meetings. Page 3 - Agreement ATTACHMENT r~ E~aoo_.6L- of ~ 16. Independent Contractor Status.. WCAT understands and agrees that tot-aa pUrposes related to this Agreement, WCAT is deemed to be an independent contractor while performing labor or services for remuneration. 17. Assignment. WCAT shall not assign, transfer or subcontract any part of the work to any person other than an employee of WCAT without prior written consent of the City except that money due to WCAT may be assigned, if the City is given written notice thereof, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City. 18. Contacts. WCAT's designate and primary contact shall be its Executive Director; the City's primary contact shall be its City Administrator. Any notices required by this Agreement shall be in writing and mailed or personally delivered to these contacts at their business address. 19. Termination. Any agreement between the City and WCAT may be terminated by either party by giving the other party a 60 day written notice. In the event such agreement is terminated in mid-quarter, WCAT agrees to refund/reimburse the City an agreed, pro-rated amount of monies covering the length of service remaining in the current quarter for productions scheduled to be covered 20. Worker's Compensation Insurance. WCAT is a subject employer under the Oregon worker's compensation law and shall comply with ORS 656.017 which requires it to provide worker's compensation coverage for all their subject workers. 21. Statutory Provisions. This being a public contract, WCAT agrees to comply with the statutory requirements contained in Appendix A, which is attached to this Agreement and by this reference incorporated herein. 10A CITY OF WOODBURN WOODBURN CABLE ACCESS TELEVISION By:, By: Richard Jennings, Mayor Date: Date: ATTEST: Mary Tennant, City Recorder City of Woodbum Page 4 - Agreement ATTACHMENT /~ .... IOA Page ~ of (~ APPENDIX A Contractor shall observe all applicable state and local laws pertaining to public contracts. ORS Chapter 279 requires every public contract to contain certain provisions. Pursuant to ORS Chapter 279, the following provisions shall be a part of this contract, as applicable. Pursuant to ORS 279.312, the contractor shall make payments promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract. The contractor shall pay all contributions or amounts due the Industrial Accident Fund fi.om such contractor or subcontractor incurred in the performance of the contract. The contractor shall not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. The contractor shall pay to the Department of Revenue all sums withheld fi.om employees pursuant to ORS 316.167. Pursuant to ORS 279.313, in every public contract for demolition the contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective. In every public contract for lawn and landscape maintenance the contractor shall compost or mulch yard waste material at an approved site, if feasible and cost-effective. Pursuant to ORS 279.314, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of such contract. The payment of a claim in the manner authorized by ORS 279.314 shall not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. Pursuant to ORS 279.316, no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in eases of contracts for personal services as defined in ORS 279.05 l, the employee shall be paid at least time and a half pay for all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or for all overtime in excess of l0 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and for all work performed on Saturday and on any legal holiday specified in ORS 279.334. The contractor shall give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. In the case of contracts for personal services as defined in ORS 279.051, an employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.0 l0 to 653.261 or under 1 - Appendix A (Rev. 2/99) ATTACHMENT Page ._-~. of 29 U.S.C. sections 201 to 209 from receiving overtime. Persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279.334(1)(a)(C)(ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. The contractor shall give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. Pursuant to ORS 279.320, in every public contract, the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such contractor, of all sums which the contractor agrees to pay for such services and all monies and sums which the contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. In every public contract, all employers working under the contract are subject employers that shall comply with ORS 656.017. Pursuant to ORS 279.352(2), a fee is required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279.375(1). The fee shall be paid to the Commissioner pursuant to the administrative rule of the Commissioner. Pursuant to ORS 279.445, in each contract awarded by a public contracting agency, the contractor shall include in each subcontract for property or services entered into by the contractor and a subcontractor, including a material supplier, for the purpose of performing a construction contract, a payment clause that obligates the contractor to pay the subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the contractor by the public contracting agency under such contract, and an interest penalty clause that obligates the contractor to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to ORS 279.445(4)(a), for the period beginning on the day at, er the required payment date and ending on the date on which payment of the amount due is made, and computeed at the rate specified in ORS 279.435. The contractor shall include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of ORS 279.445(4) in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. IOA 2 - Appendix A (Rev. 2/99) ' 10B MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager/C'~"~''~ Agreement for Consultant to Complete Water Rate Study and System Development Charge Review for City Water Service May 19, 1999 RECOMMENDATION: Approve the attached resolution entering into an agreement with Financial Solutions Consulting Group, Inc. to complete a rate study and system development charge review for city water service. BACKGROUND: The city requested proposals from consulting firms for a water rate study and system development charge review. The city received proposals from five firms. The proposals were reviewed by one citizen Water Master Plan Committee member and four city staff members. After this review and completion of and interview process with the two highest rated consultants, it was the consensus of staff that Financial Consulting Solutions Group was best suited for the work required by the city. They have a wide range of experience with Oregon cities similar in size to Woodburn. On April 20, 1999 the citizen Water Master Plan Committee approved the selection of Financial Consulting Solutions Group. Staff then developed a final scope of work and developed an agreement for the rate and SDC review. It is anticipated that work on the project will begin in June. The study should take approximately six months and be completed by the end of the year. Staff and the citizen Water Master Plan Committee is requesting that the attached resolution entering into an agreement with Financial Consulting Solutions Group, Inc. be approved. 10B COUNCIL BILL NO. RESOLUTION NO. 1965 A RESOLUTION ENTERING INTO AN AGREEMENT WITH FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FOR A RATE STUDY AND SYSTEM DEVELOPMENT CHARGE REVIEW FOR WATER SERVICE AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The City of Woodburn has completed a Water Master Plan for city water service and desires to evaluate the plans impact on water rates, and WHEREAS, The city's water system development charge structure has been in place since 1992 and a review of the charges is needed, and WHEREAS, Professional financial consulting services are required to complete a comprehensive water rate study and system development charge review for city water service, and WHEREAS, The city has determined that Financial Consulting Solutions Group, Inc. is qualified to provide the required financial consulting services and an agreement has been developed to provide the required services; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with Financial Consulting Solutions Group, Inc. for consulting services to provide a water rate study and system development charge review for water service for the City of Woodburn Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. lOB Approved as to form: /s/ N. Robert Shields 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. ATTA(~HMENT-- A~ PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between the City of Woodburn, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Financial Consulting Solutions Group, Inc., a Washington corporation doing business in Oregon, hereinafter referred to as "Consultant", regarding work related to the Rate Study and System Development Charge Review for Water Service for the City of Woodburn, Oregon. IT IS HEREBY AGREED by and between the parties to this Agreement: 1. Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. 10B Consultant's Services Consultant agrees to provide the services described in the Scope of Work dated May 18, 1999, a copy of which is attached hereto as Exhibit "A", and is incorporated herein by this reference. Payment Consultant will be paid by the City on a time and materials basis as outlined below and in accordance with the standard billing rates attached hereto as Exhibit "B". Consultant agrees to perform the services as set forth in Exhibit "A" at a cost not to exceed $36,265. It is understood that Consultant will not exceed this amount without the City's prior written authorization. Payment to Consultant for services set forth in Exhibit "A" shall be: an amount equal to Consultant's standard billing rates as set forth in Exhibit "B" multiplied by the actual hours worked. There will be no charges for out-of-pocket expenses and material costs of Consultant incurred in the direct interest of the project, unless separately agreed to by the City. Payment shall be made monthly upon receipt and approval of,~onsultant's invoice. Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: ho Consultant will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. Page I - Personal Services Contract A'rrAo .FJ, IVIENT A I~tl~ --~- of 5 The Consultant is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. Employees No person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of absolute necessity, emergency or where the public policy absolutely requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. §§201 to 209 from receiving overtime. Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the basis of additional reimbursement of Consultant. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. 10B e Indemnity and Insurance Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and shall hold City, its officers, agents, and employees harmless from and indemnify and defend the same of any and all liability, settlements, loss, costs and expenses in connection with any action, suit, or claim resulting or allegedly resulting fi'om Consultant's negligent acts, omissions, activities or services provided pursuant to this Page 2 - Personal Services Contract ATTACHMENT ~'~, Page ~ of Agreement or from Consultant's failure to perform its responsibilities as set forth in this Agreement. Nothing in this section shall be construed to require Consultant to indemnify or defend City from its own negligent acts. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance: Ao Workers' compensation and employers liability insurance as required by the State where the work is performed. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. 4. Professional Liability Insurance of $250,000. 10B Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified here'm. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. Standard of Care In the performance of its professional services, Consultant shall use ~at degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. Page 3 - Personal Se~vic~ Contract Termination ATTACH~4ENT ~ Page~ of ,r~ This Agreement may be terminated by the City by giving Consultant written notice of such termination no fewer that fifteen (15) days in advance of the effective date of said termination. Consultant shall be entitled to terminate this Agreement only in the case of a material breach by the City, and upon failure of the City to remedy said breach within fifteen (15) days of said notice. If City terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. 10B e Work is Property of City All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Consultant reserves the right to use its spreadsheet models in its ongoing use on other projects absent any City-specific data. 10. Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. 11. 12. Adherence to Law Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. Modification Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increases or decreases the cost to City over the agreed sum or changes or modifies the scope of service or time of Page 4 - Personal Services Contract AI'TAOH~d ENT ~ Page....,'z.- of - performance. No modification shall be binding unless executed in writing by Consultant and City. 13. Attorneys Fees In the event a suit or action is instituted to enforce any fight guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. 14. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date first indicated below. 10B CITY OF WOODBURN FINANCIAL CONSULTING SOLUTIONS GROUP, INC. By: By: Richard Jennings, Mayor Edward Cebron, Vice-President Date: Date: ATTEST: Mary Tennant, City Recorder City of Woodbum Page 5 - Personal Services Contract SCOPE OF WORK EXHIBIT · Page ! of _5" lOB RATE STUDY AND SYSTEM DEVELOPMENT CHARGE REVIEW FOR WATER SERVICE May 18, 1999 This Scope of Work is between the City of Woodburn "CITY" and Financial Consulting Solutions Group, Inc. "CONSULTANT" for a project generally described as: A water rate study and system development charge review for City of Woodburn water service. TASK 1' PROJECT MANAGEMENT This task includes project coordination, administration and management. An initial meeting will be held with CITY and CONSULTANT staff to discuss project development, establish goals and objectives and define liaison and coordination procedures. Review meetings (up to a maximum of three) will be held to review problems, schedule, progress and budgets as appropriate. A work plan and schedule based on the contracted scope of work will be developed by the CONSULTANT and used for schedule and budget control throughout the project. Monthly progress reports will be prepared and included with the monthly invoice. TASK 2: REFINEMENT OF APPROACH Objectives Obtain data and refine approach Page ~-- of .~' Task Descriptions 2.1 CONSULTANT will review the City Water Master Plan to determine extent of planned water system improvement needs. Treatment plant options are the major component of the master plan. The CITY will determine up to three options that will be used in formulation of the rate study and system development charge review. 2.2 CONSULTANT will provide CITY with a data request list to conduct the financial and water rate analyses. This list will consist of various operational and financial data to be used in the study. The CITY will assemble the available data and provide the requested data. 2.3 CONSULTANT will review the data and become familiar with the utility system as it pertains to the rate study and system development charge review. 2.4 CONSULTANT will review the existing rates for the utility and any prior rate studies for the City and/or City policies concerning rates. 2.5 CONSULTANT will meet with CITY staff to discuss the rate and system development charge related issues facing the City and to confirm the specific City objectives for the financial plan and the rate study. The CONSULTANT will discuss the technical approaches that could be used to develop the rates for the utility and will select one approach to be implemented. The technical approach to determining system development charges will also be selected. 2.6 CONSULTANT will prepare a memorandum summarizing the results of all Task 2 tasks. 10B Product CONSULTANT will, upon completion of the analysis, submit a written technical memorandum No. 1. 2 TASK 3 DEVELOPMENT OF RATES AND CHARGES Page ..,,D.._ of .z~ lOB Objectives Develop rate and system development charges that reflect current costs and projected improvement costs. Task Descriptions 3.1 CONSULTANT will prepare a data request list for any additional information that may be needed to implement the approaches selected in Task 2,5. 3.2 3.3 The CITY will collect the available data. The CITY and the CONSULTANT agree that the City's responsibility for data collection shall be limited to assembling and providing existing information that may be obtainable from the City's database software, existing information reports, and other readily usable sources. The CITY shall not be required to generate new information that does not already exist in its records. The CITY and CONSULTANT staffs will discuss and work to resolve any questions of data that may be difficult to collect or unavailable. CONSULTANT will project revenue requirements (i.e., system costs) for the water system for the next 10 years. Nonrate revenues will also be projected for this period. Regulatory requirements and the Water Master Plan results will be considered in formulating these projections. Included in this task will be a review of the options for financing system improvements and a recommendation of which alternative to implement. CONSULTANT will allocate the projected revenue requirements for the next 3 years to the relevant functional parameters for the utility and then allocated the costs by parameter to customer classes, The functional parameter for the water system will include system flow and customer services. The allocation procedures will be performed in conformance with applicable federal regulations and accepted cost-of- service principles. Any non cost-of-service policies (i.e. subsidies, penalty charges, special discounts, etc.) will be included only as directed by the CITY. Customer classes will include both retail and wholesale users. 3 3.4 3.5 3.6 3.7 CONSULTANT will develop two rate alternatives. EXHIBIT~ /ZJ Page ~ of ~" Rate alternatives could include differing financing methods for identified capital improvements, differing customer classification groupings, and/or differing rate structures (e.g., flat rates, uniform volume rates, declining block rates). The CITY and CONSULTANT understand that. the purpose of developing rate alternatives is to provide the City flexibility in the rates it considers for implementation, given the advantages and disadvantages of the various options. All rate alternatives will be consistent with cost-of- service principles, unless direction other wise is given by the CITY. Additional alternatives beyond the two provided for the City shall be considered beyond the scope of this agreement and subject to further negotiations. Rate alternatives shall be defined and. differences in rate structure or ra, te methodology shall be considered as alternatives unless such modifications require an additional draft report or an additional final report. The CONSULTANT will also calculate one system development charge alternative for the utility. These development charges will be determined using the methodology selected in Tasks 2.5 and 3.5. CONSULTANT will determine system development charges for the utility. The charges will be determined in accordance with current State of Oregon legislation specifying the requirements for these charges and the options on which they are based. The CITY has developed and implemented water system development charge methodology. The selected CONSULTANT will review the current methodology and review options for modification of the system development charge for water With the CITY and select the option most appropriate for the City's circumstances. CONSULTANT will complete a rate and development charge updating model and a user manual for the utility. The model will operate on IBM-compatible hardware and Co~el software. The CITY will provide its own hardware and software, and the CONSULTANT will provide the model files on diskettes. The CONSULTANT will conduct a training session on the use of these models for designated city staff and provide two copies of the user manual. CONSULTANT will prepare 10 copies of a draft report for the CITY to review. 10B 4 3.8 3.9 EXH S T 10 B Page _.:Z_ of -, CONSULTANT will prepare 20 copies of a final report. Approximately 2 weeks after receiving CITY comments on the draft report, the CONSULTANT will prepare and deliver 20 copies of the final report. CONSULTANT will make three formal presentations of study results. It is anticipated that presentations will be at: · Two Water Master Plan Committee meetings. · An afternoon to evening public meeting on water system treatment options, water rates and system development charge review. · A City Council Meeting. The CONSULTANT will provide the presentation materials (e.g., overheads, flipcharts, slides) to be used in the presentations, and the CITY will provide any presentation materials it may require for presentation participation by its staff (if any). Additional presentations, if requested by the CITY, will be considered beyond the scope of services and fee agreement for this contract. Product CONSULTANT will, upon completion of the Task 3 deliver 20 copies of the final report to the CITY. OTHER SERVICES For other services not specified, but subsequently requested by the CITY, an amount shall be negotiated with the CONSULTANT at the time each service is requested. 5 ~x~m ~ ,,. lOB Page ~ of I 10C COUNCIL BILL NO. 1966 RESOLUTION NO. A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURN TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1999-2000. WHEREAS, Oregon Revised Statutes 221.760 provides that the officer responsible for disbursing funds to cities under ORS 323.455,366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 habitants according to the most recent federal decennial census, disburse such funds only if the City provides four or more of the following services: (1) Police protection, (2) Fire protection, (3) Street construction, maintenance, and lighting, (4) Sanitary sewer, (5) Storm sewers, (6) Planning, zoning, and subdivision control, and (7) one or more utility services, and WHEREAS, City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn hereby certifies that it provides the following four or more services enumerated in ORS 221.760: Approved (1) Police protection; (2) Street construction, maintenance, and lighting; (3) Sanitary sewers; (4) Storm sewers; (5) Planning, zoning, and subdivision control; and (6) One Utility service. City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. Resolution No. CITY OF. WOO?BURN 280 Garfield Street Wooflburn, Oregon 97071- 4698 Memo IOD To: From: Date: Subject: Mayor and City Council, through John Brown, City Administrator Linda Sprauer, Library Director~~'~-'~'~ May 18, 1999 Staff Report - Carnegie Building Engineering Study Recommendation: Approve the attached resolution and authorize the Mayor to sign the contract with Robert Dortignacq, AIA for an engineering study to assess the exterior condition of the Carnegie Library Building. After distributing twenty copies of the Request for Proposal to assess the condition of the exterior of the Carnegie Library Building, the City received eight responses. A thorough review of the proposals by Randy Rohman and me brings us to recommend the firm of Dortignacq & Associates Architects to prepare the study. This study will provide: · A thorough investigation of the building's exterior, stairs, foundation, and drainage systems to analyze the condition of the elements, joints, and assemblies; · An assessment of all that is required for preserving the structure and the integrity of its components, including possible revisions to flashing (or other) details to prevent water damage and reduce maintenance; · A set of recommendations that outlines various options and alternatives, priorities, and the associated costs; and · The written and graphic/photo documentation of the preferred strategy for repair including estimated costs. This is to be used for budget planning and as the basis of future construction document preparation. The attached resolution and contract indicate the agreed upon dollar amount to be $ 4,250.00 for professional fees and allow up to $1,000.00 additional for reimbursable expenses to be specified. Funds are budged for this project in the Capital Outlay portion of the Library Fund in the 1998-99 fiscal year budget. 1OD COUNCIL BILL NO. RESOLUTION NO. 1967 A RESOLUTION ENTERING INTO AN AGREEMENT WITH ROBERT DORTIGNACQ, AIA FOR AN EVALUATION AND RECOMMENDATION ON THE EXTERIOR OF THE CARNEGIE PORTION OF THE WOODBURN CITY LIBRARY AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, The historic Carnegie portion of the Woodburn City Library is an important historical asset that was constructed in 1 91 2, and WHEREAS, The city desires to preserve this historic building to be utilized and enjoyed by current and future city residents, and WHEREAS, Expert analysis of the exterior of the Carnegie portion of the library is required to plan for actions that may be required to preserve this historic and important structure, and WHEREAS, The city has determined that Robert Dortignacq, AIA is qualified to provide the expert evaluation and recommendations required and an agreement has been developed to provide the required services; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with Robert Dortignacq, AIA for consulting services to provide an evaluation and recommendations on the exterior of the historic Carnegie portion of the Woodburn City Library. Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf of the City. Page 1- COUNCIL BILL NO. RESOLUTION NO. 1OD Approved as to form: City Attorney 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. ATTACHMENT Page I of PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between the City of Woodbum, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Robert Dortignacq, AIA, hereinafter referred to as "Consultant", regarding the evaluation and analysis of the exterior of the Carnegie portion of the Woodburn Public Library. IT IS HEREBY AGREED by and between the parties to this Agreement: 10D Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. o Consultant's Services Consultant agrees to provide the services described in the Consultant's proposal, a copy of which is attached hereto as Exhibit "A", and is incorporated herein by this reference. o e Payment Consultant will be paid by the City on a work performed basis. Consultant agrees to perform the services as set forth in Exhibit "A" at a cost of $4,250 for professional services and a reimbursable expense cost as noted in Exhibit "B" not to exceed $1,000, with a total not to exceed the cost of $5,250. It is understood that Consultant will not exceed this amount without the City's prior written authorization. Payment shall be made monthly upon receipt and approval of consultant's invoice and shall be in relation to the percentage of work completed.. Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: Consultant will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. The Consultant is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. Page 1 - Personal ATTACHMENT Page ~,. of Employees No person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of absolute necessity, emergency or where the public policy absolutely requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C {}{}201 to 209 from receiving overtime. Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the basis of additional reimbursement of Consultant. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. 10D e Indemnity and Insurance Consultant acknowledges responsibility for liability arising out of the performance of this Agreement and shall hold City, its officers, agents, and employees harmless from and indemnify and defend the same of any and all liability, settlements, loss, costs and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Consultant's negligent acts, omissions, activities or services provided pursuant to this Agreement or from Consultant's failure to perform its responsibilities as set forth in this Agreement. Consultant, its subcontractors, if any, and all employers working under this Agreement are Page 2 - Personal Services Contract IOD ATTACHMENT Page ._~.~z_ of subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance: Workers' compensation and employers liability insurance as required by the State where the work is performed. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. D. Professional Liability Insurance of $250,000. e Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified herein. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. Standard of Care In the performance of its professional services, Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. Termination This Agreement may be terminated by the City by giving Consultant written notice of such termination no fewer that fifteen (15) days in advance of the effective date of said Page 3 - Personal Services Contract ATTACHMENT A Page ~ of -, 5 termination. Consultant shall be entitled to terminate this Agreement only in the case of a material breach by the City, and upon failure of the City to remedy said breach within fifteen (15) days of said notice. If City terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. 10D e Work is Property of City All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Upon City's approval and provided City is identified in connection therewith Consultant may include Consultant's work in its promotional materials. 10. 11. 12. Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. Adherence to Law Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit A, shall be obtained and maintained throughout the term of this Agreement. Modification Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increases or decreases the cost to City over the agreed sum or changes or modifies the scope of service or time of performance. No modification shall be binding unless executed in writing by Consultant and City. 13. Attorneys Fees Page 4 - Personal Services Contract ATTACH M___.ENT--~ Page_.....,.~ of ,'~ 1OD In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. 14. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date first indicated below. CITY OF WOODBURN ROBERT DORTIGNACQ, AIA By: By: Richard Jennings, Mayor Robert Dortignacq Date: Date: ATTEST: Mary Tennant, City Recorder City of Woodburn Page 5 - Personal Services Contract EXHibIT,- A Pa,a~ ~ of -~ 1OD I'ro.iect Approach · Thc prqject scope would be a fourfold process: l:~rst: A thorough investigation of the building envelope, exterior stairs, foundation, and drainage systems to analyze the condilion of the elements, .ioints, and assemblies. Second: An assessment of all that is required for preserving the structure and the integrity of its components, including possible revisions to flashing (or other) details to prevent water damage and reduce maintenance. Third: A set of recommendations that outlines various options and alternatives, priorities, and the associated costs. Fourth: The written and graphic/photo documentation of the preferred strategy for repairs including estimated costs. This is to be used for budget planning and as the basis of future construction document preparation. Next, we would develop a set of recommended repair strategies, which would depend upon the above inspection findings, test results, analysis, and your input. Our recommendations will include preliminary cost estimates which we will develop in close participation with the construction industry'. These recommendations will be prioritized on the basis of urgency and on logical construction sequencing A final set of recommended repair options, recommended products and materials and a scope of work would then be developed after sufficient review and discussion. This proposed work would be well documented to facilitate the project design and future budgeting. Final cost estimates. Although the building is not listed as a historic landmark, it may be eligible. We would therefore perform all work consistent with the S6cretary of the Interior's Standards for Rehabilitation, Guidelines for Rehabilitating Historic Buildings, as well as the Owners' objectives. A written and graphic report shall be prepared based on the above findings, including recommendations, outline of suggested work and methodology, extent of repairs, priorities, and costs. We anticipate that you may need up to 12 bound copies of the above materials and documents. We would perform a vet), detailed inspection of the entire building envelope and appurtenances. This includes investigation of the material condition, joints, assemblies, construction installation, detailing, drainage systems, and maintenance items. At any known problem areas we would open up thc construction to inspect the installation (these would be resealed). In the course of inspection if minor defects are encountered, such as loose shingles, they would be repaired. We would photographically document the overall exterior and specific areas of concern in sufficient detail to locate and address the work ~tems to bc developed. Tests would be perfonned on the existing brick including water penetration, mortar composition, and cleaning. The findings from the investigations would then be analyzed to determine condition of materials, the nature of any problems and the most suitable course of action. IOD Page. f,. of- 1OD Compensation Professional service fees: Not to exceed $4,250.00 Direct expenses which will include the cost of photo processing, report reproduction and testing lab expense for analysis of original mortar composition: Not to exceed $1,000.00 Total project cost: Not to exceed $5,250.00 IOE To: From: Subject: Date: MEMO City Administrator for Council Action ~ - It. andy Scott, CE Tech III, through the Public Works Director Bid Award for Various Street Repair Improvements May20,1999 RECOMMENDATION: It is being recommended that the City Council award the construction contract to the lowest responsible bidder, Morse Bros. Paving for various street repair improvements in the amount of $44,473.75, Bid No. 99-26. BACKGROUND'_. The bid award is for a combination of surface course and treadway repairs to remove deteriorated areas in the existing street surface. The streets selected for this type of repair are, Myrtle Street, Willow Avenue, Tierra Lynn, James Street, Garfield Street and Evergreen. The contract will also include crack sealingYoung Street. The surface course repair entails removing the deteriorated asphaltic concrete surface and replacing it with a new material. Treadway repairs, also removes the asphaltic concrete surface but in addition, the failing subgrade material is excavated and replaced Staff received a total of six qualified bidders, as listed below 1. Morse Bros. Paving $44,473.75 2. Roy L. Houck $51,362.25 3. Brix Paving Co. $53,025.00 4. North Santaim Paving $53,902.50 5. Salem Road & Driveway $61,848.65 6. D & D Paving Co. $79,816.50 Engineers Estimate $44,460.00 Note: Low bidder is within 1% &Engineers estimate. 14A Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From' Subject: May 20, 1999 Mayor & City Council thru City Administrator Community Development Director Site Plan Review 99-08, Woodburn Recreation & Parks Department Modular Placement at Settlemier Park II III IV APPLICANT: Woodburn Recreation and Parks Department Randall Westrick, Director 491 N. Third Street Woodburn, OR 97071 OWNER: The City of Woodburn NATURE OF THE APPLICATION: The applicant is requesting administrative site plan review approval to place a temporary 1,550 square foot modular activity center at the Settlemier Park site. RELEVANT FACTS: The site is located on the grounds of Settlemier Park, adjacent to Settlemier Avenue, and south of Oak Street. See attached site plan maps. The property can be identified as Township 5, 1 West Section 18BA. The subject site is zoned PA - Public Amusement and Recreation. The proposed activity center is an ancillary facility to the primary use-park facilities. Park facilities and their ancillary facilities are a permitted use within the PA zone, subject to compliance with the Woodburn Zoning Ordinance. The applicant is proposing to locate a modular activity center at the Settlemier Park site. The modular activity center is proposed to be placed at the southeast corner of the existing parking lot at the southwest corner of the Park. Staff gave administrative approval with conditions, of the proposed placement of the modular activity center. On April 13, 1999 the Planning Commission concurred with that decision. 14A C) ,3' ~_-~ ,, i I I I '"'U 'Co ! --_ / 14A BASIC FACT SHEET Mid-Willamette Valley Council of Governments 1. HISTORICAL SUMMARY: 1957 - 1959 - 1967- formation of Mid-Willamette Valley Planning Council reorganization as Mid-Willamette Valley Intergovern- mental Cooperation Council merger to form Mid-Willamette Valley Council of Governments MWVCOG MEMBERSHIP (refer to membership listing): · 3 counties (Marion, Polk, Yamhill) · 30 cities · 8 special districts · Grand Ronde Confederated Tribes 3. ORGANIZATIONAL PHILOSOPHY: · Regional intergovernmental collaboration · Voluntary association (not another layer of government) · Neutral forum (equality of members) · Broad focus (not a single interest or program) · Ownership (dependent upon local participation) · Nonpartisan (focus on issues, not party platform) 4. MAJOR PURPOSES: · Joint identification of regional problems · Monetary savings through pooling of resources · Operation of regional programs · Problem resolution within and between local governments · Local services delivery COG STAFFING LEVEL: 33 (refer to organizational chart) COG BUDGET (expenditures): · Total expenditures (incl. pass-thru funds)-- $5,454,000 · Total pass-through funds-- $2,075,000 · Total operating expenditures -- $2,701,000 · Loans (funds available)- $ 678,000 e COG BUDGET (operating revenue sources): · Federal- · State- · Local contracts - COG dues - · EDD dues - · Other* - 8.1% 57.9% 16.5% 4.7% 1.1% 11.7% * Includes interest income (e.g., checking accounts), revenue from loan program (e.g., loan servicing fees), equipment rental to all COG programs, etc. 8. MEMBER GOVERNMENT SERVICES SUMMARY (hand-out) MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS MEMBER GOVERNMENT SERVICES COMMUNITY DEVELOPMENT SERVICES · Public works project grant preparation and administration · Housing rehabilitation project grant preparation and administration · Regional development program coordination and technical support: Regional Strategies Program Nonprofit Resource Center Rural Investment Fund · Small business development: Loan packaging for business start-up and expansion Administration of community loan funds · Community land use planning: Zoning review Development application review Periodic review (comprehensive plans) Water and sewer rate studies SDC (system development charge) analysis ADA surveys · Regional planning: Grand Ronde Regional Problem Solving Willamette River Recreation Master Plan Timber Initiative (economic displacement) 2. TRANSPORTATION PLANNING SERVICES · SKATS (Salem-Keizer Area Transportation Study) Regional Transportation System Plan Transportation Improvement Program · Local transportation system plan preparation · Traffic corridor planning · Transportation demand modeling · Air quality modeling · Salem Passenger Rail Intermodal Facility Study · Willamette River Crossing Capacity Major Investment Study · Bridgehead Engineering Study · MWACT (Mid-Willamette Valley Area Comm on Transportation) NATURAL RESOURCES PLANNING SERVICES · Wetlands management Groundwater protection (wellhead; drinking water) Flood hazard mitigation; floodplain management 4. RESEARCH, ANALYSIS, AND INFORMATION SERVICES · GIS (Geographic Information System) mapping assistance · Street-naming process coordination (Salem-Keizer; rural Marion County) 5. LOCAL GOVERNMENT CAPACITY-BUILDING SERVICES · Strategic planning · Small-group facilitation (team-building; goal-setting) Mid-Willamette Valley Council of Governments VICE CHAIR: COMM. RANDALL FRANKE MARION COUNTY CHAIR: MAYOR TWILA HILL CiTY OF WlLLAMINA EXECUTIVE DIRECTOR: DAVID A. GALATI ADVANTAGES OF COG MEMBERSHIP Voluntary ownership of support staff by collective local units of government creates powerful incentive for consistent productivity and optimal efficiency Continuous staff support based on contractual relationships primarily regulated by State law Organizational credibility supported by almost 40 years of service delivery Flexibility in service delivery (broad array of both local and regional services) Collective voice in global economy; enhanced economic and political clout Forum for local interaction of elected officials representing regional association of local governments joined on the basis of economic, social, and/or geographic considerations Regional collaboration on multi-jurisdictional ("boundary-spillover") issues based on mutual interdependency produces more realistic planning; purely local approaches to such issues are ineffective Economies of scale; regional sharing of highly-trained support staff by local afford such expertise with local resources; units of government unable to conservation of limited financial resources by spreading costs and insured for fiduciary State and Federal funding; · COG support personnel are bonded responsibilities · Regional harmony enhances access to competitive edge Synergy in regional problem-solving produces innovative solutions that could never be developed in isolation; "whole is greater than sum of parts" MEMBER GOVERNMENTS~OUNTIES: Marion, Polk, Yamhiil. CITIES: Amity, Aumsville, Aurora, Carlton, Dallas, Dayton, Detroit, Donald, Dundee, Falls City, Gates, Gervais, Hubbard, Idanha, Independence, Jefferson, Keizer, Lafayette, McMinnville, Monmouth, Mt. Angel, Newberg, Salem, Sheridan, Silverton, St. Paul, Sublimity, Turner, Willamina, Yamhill. SPECIAL DISTRICTS: Chehalem Parks & Recreation District, Chemeketa Community College, Marion County Fire District #1, Salem Area Transit District, Salem/Keizer School District 24J, Willamette Education Service District, Yamhill Education Service District, Yamhill Soil & Water Conservation District. INDIAN TRIBE: Confederated Tribes of the Grand Ronde Community. Ametfcan Buildin Craftsmen-Inc. May 24, 1999 City.of Woodbum 270 Momgomery Ave. Woodbum, Oregon 97071 To whom it concern: American.Building .Craftsmen Inc. will ,be ~nd~r.contract with.Am~iean Building Fmterpfises~ LI~ fo~ thee0nstruction and renovation of the Phoenix Building located at 347 North Front Street, Woodbum, Oregon. Our-company; American Building' CraRsmen lnc~ is licensed; bonded a~d insuredand is renovations of ttistorical-Buitdings~ An exampteofour ~'p can be seen at ~Gallege in.-MoM~nvilte Oregmt. We- ~re;now in;the~-~:~fbeginn ins our thi~ ~~.~~~ mastmxy'building (similar construction and age to the PhoeniX BuiId*mg) with this University. Ifyo~ would like a complete list of references, please contact my office and I will be happy to provide them America~~ Building Craismen Inc. Charlie Wilson- President 143 Grant St. Woodbum Or. 97071 (503)~81.5~5 Fax (503)981.5893CCB 9865~ 173 Grant St. VVoodbum Or 97071 (503) 981-5695 Charles R. Wilson 1998-Present Amedcan Buildipg Craftsmen Inc. - , Deve;oped Company from the ground up. · Contracted over $1.2 in the first year. 1986-1998 C.D. Redding Construction -- -Project cost estimating. -- Coast,-act administration. 1991-1986 F/S Construction · ~ admi~ is~ alion. · Supervision o~ all construction activity. Salem Or. McMinnville Or. · - United States Marine Corps -- HorK3rable discharge · Ot'rat~ Community ~ Carpen{ry apprenticeship program. · VO-Tech Institute, estimating and project management. VPWoodbum youth baseball ( 4~ year), Board of directors Woodbum downtown association, Coaching youth activities. RussellGarth General Pat~¢r' . (54i) 48~t-I712 Art Weidel Geae~ Partner' · (5~1) 338-9882 FormO'ty appointed. . Special ~nan¢ial 'Consultant to U.S. D~c~ Cour~ · GarthIW' eide Business Consul(ants Comn~rcial Loan:Consultants · P.O. Box ! 1491 Eugene, OR 97,~0 May 24,. 1999 To.whom it' may concern: American Building Enterprises., LLC, has retained this office to obtain ' financing :on'. their behalf' for. deVelopment.of commercial prol~, rty located at 347. N, Front. St;; Woodbum, .Oregon;- Our. written, retainer :agreement with Charles R. Wilson and. others was signed on Feb. 22, 1999; and we have. subsequently. :submitted.many application packets to proSPective private: and' convention:aJ' lenders, Additional information has been · requested by two potential.lenders, Tax. returns and social. secudty nUmbers are being, submitted.this Week with Mr, Wilson'S cont. inuihg aSSistance, we .anticipate'.a decision from one or~ both of the' prospec~dve. lenders · within the next' seven_to, tert days and wilt provide Confirmation to ail ' parties of interest., regarding the lending .opportunities. that become available. Lenders may ~1 reluctant to invest in the proposed project if.litigation regarding.the Property.is filed. Additional time to complete financing arra~gement'$.wil~ be needed, and our effortS. Wilt continue, without interrupti°n toward'that end with Mr. Wiis~n'.s cooperation. Garth/We_idel Business Consultants 'Consulting. Structural Engineers May 24. 1999 Mr. Charles Wilson American Building Contractors 143 N. Grant Street. Woo(:lburn,. OR 9707,1 RE: 347 N. Front Street (Old Salud Clinic Building) Dear Charlie · On May 22, 1999 the undersigned rep'resentative of our firm visited the above building at your request. The reason for our visit was to observethe'building condition, particularly as related tO earthquake damage. Following our site visit we Were requested to provide a brief Summary of our observation as well-as to comment on the issue of this being a dangerous building. . During our visit we Were previded with a copy.of a,r, eport by Miller Consulting Engineering dated December 28, 1994. In this report it concluded that the building was dangerous due to parapets and wall damage. We respect this report, and wouldexpect that the previous inspection was more thorough than our brief walk thru. ' We noted wall damage, including missing areas near the-roof level, as noted in the previous report. However, we also noted that the majority of'the parapet- has been removed, reducing considerable danger to adjacent buildings and/or persons. Much of the problems with this building are related tO construction details which did not provide for proper tying of walls to roof, ceiling or floor diaphragms. The subject building shares this construction method with many other structures of similar age, of which we suspect several exist in dose proximity to the subject building. At the ver~ least, we could observe questionable parapets from the roof of your building. We concur that the subject building is in need of repair,and retrofit to meet current building_code'and/or FEMA require .rn.enl. s': ,We, '~ould also. co.ncu.r: t~t~at(, e several: areas of the building could be consl(3ered .a.s ~ano~erous o.ue to (~am g attributable to the earthquake. However, the question is now muco more dangerous is this building than other buildings sim~arly constructed. With the parapet already removed, we do not-believe this buildJng is a significantly higher dsk than many others. ' ' 1045 13~h Streel SE Salem. Ot®gon 97302 · Phone: ($03) 399-1399 Fa~. (503) 3gg.~259 Salud Clinic Building Page 2 We certainly cannot dispute the need for repair and urge you to, proCeed with rehabilitation in a timely manner. Of coursel you 'also needto look' carefully at the cost of a rehabilitation. It is' not uncommon' 1'or such rehabilitation costs when. covering both structural and'architectural upgrading to match or exceed new. construction-costs.. We trust tl3is brief report meets your current needs. If we can'be of further assistance please let us- know: very truly yours, BMGP Engineers, Inc. WRPIhmg MILLER CONSULTING ENGINEERS December 28, 1994 Mr. Chris Childs City Administrator 270 Montgomery Street Woodburn, Oregon 97071 SUBJECT: Salud Clinic Building, 347 N. Front Street. Woodbum, Oregon (File # 940566) Dear Mr. Chilcls: As you requested, Raymond T. Miller and Paul Albertine of Mille~ Consulting Engineers pedormed a visual structural observation of the subject building, The purpose of the observation was to determine the structural integrity of t'ne t)uilding and earthquake related deficiencies. At the time of our observation, the Salud Clinic Building'was vacanl'and appeam to have been used as an office building. The building is approximately 50 feet by 80 feet, and approximately 30 feet high. There are adjacent buildings attached to the north and south walls which were not included in the observation. The building's structural system is composed of unreinforced brick masonry walls, wood framed floors and roof. The unreinforced brick masonry walls have suffered a partial collapse as a result of the March 25, 1993 Scot'ts Mills Earthquake. During our inspection, shoring w~s found to support gravity loading from the roof and ceiling at the north and south walls. No significant new elements supporting lateral loading (i.e. seismic or wind) were present. From our observation we found no significant anchorage between the unreinforced masonry walls and the roof, ceiling or floor framing. It was concluded from this structural observation, that the building is dangerous due to the existing brick walls not being supported from when~ thru/were ~roken below ~he roof, to the ceiling line 7' below. The damaged masonry walls are structurally weak and are a danger to persons and property in the adjacent buildings at the north and south sides, and to the public on the sidewalks at the east and west sides. At the east wall, loose bdck is present at the second floor level, and a danger to the public below. We recommend the sidewalk below be barricaded to prevent public access. ~.570 SW Borbu~ Blvd., Suite tOO P~rl]anCl. Oregon 97219-54T2 Phone {5D3) 2&G*12SD ;ax {503l 246-1395 To strengthen the building for occupancy andto meet the irrtent of the State of Oregon Structural Specialty Code based on the 1991 Uniform Building Code, the following would be required: , · Rebuild anti repoint the existing damaged unreintorced masonry walls · Anchor the existing unreinforced masonry wails to the floors and roof Brace unreinforced parapets Brace any portions of the unreinforced masonry wall that is not currently being supported for lateral loading (i.e. wind or ea~,hquake forces) Strengthen the roof and floors to adequately carry seismic forces to the bijilding shear elements Provide actequate shear elements to carry earthquake forces to the building foundation We estimate the costs to repair this building to be as follows: · New shear elements (i.e. new steel frames, or new shear walls) Rebuiiding/repoint existing unreinlorced masonry walls Total Brace unsupported parapets Strengthen roof and floor diaphragms Install bracing for suspended ceilil~g Floor anchorage to masonry walls Contingency (10 percent) $16,000 $24,OOO $ 6,000 $ 4,OOO $ 7.000 $ 7.000 $ 6,400 It should be noted that this cost estimate is preliminary. The actual cost is dependent on the actual methods used to strengthen this building. We have notpefformeda detailed structural analysis on this building to determine the specific methods required. This estimate is based on previous experience of repairs to similar buildings. During our investigation we found evidence ol water penetrating the buildi~cj envelope. The above estimate is for structural repairs only. Any cost of repairs to the mol and building finishes as a result of water damage, is in addition to structural repairs. Salud Medical Clinic City-of Woodbum Page 3 This office recommenas that the building be repaired or mw'noved to eliminate the danger as soon as possible. If the building is removed, consideration must he given to determine the influence this may have on the slructural systems of t~e adjacent buildings. If we can be of further assistance, please contact our office. Respectfully, MILLER CONSULTING-ENGiNEER~ R'a.y~nond T. Miller, P.E. RTM:km management o~ E':-:e e~eve bui!iing with American Building Enterprises L.L.C. .......... :~'~ fcu clients .... a~i ,-: i ~o~q of l~ropr ~ro, m these nave enClOS~ 2,ceies sllenEs. All American File: A~erican ~,u[i2ing En~erpr%ses ~~ile }~ N. Front Street · P.O. B,)x 6'~2 · W,~odburn, Oreg~)n97071 · 503/982-6155 · Fax 503/982-2645 MAY 1 5 1999 SHANIKO INVES NT L.L.C. P.O. BOX 84 SMANIKO, OREGON 97057 (541) 489-3228 Email Mzrose@yahoo.com May 21, 1999 Ail American Property Management P.O. Box 632 Woodburn, Oregon 97071 In reference to our letter to you dated January 5, 1999, we are requesting rental space in the Phoenix building. At this time I am now requesting confirmation of this with a target date for our move in. Any question, please contact my off~?ce/ Tha~ CC: File Eric Chainey, Attorney American Building Enterprises SHANIKO INVESTMENT L.L.C. P.O. BOX 84 SHANIKO, OREGON 97057 (541) 489-3228 Email Mzrose~),y~hoo.corn January 5, 1999 All American Property Mgrnt. P.O. Box 632 Woodburn Oregon 97071 After meeting with you, our company would like to further enter into an agreement to occupy space in the Phoenix building; our development company will be expanding into your area and we all feel this would serve our needs. Please contact my office to set up a time that we may discuss occupancy, time tables, leasing, agreements, and rent on payments. With regar~ ~ Stacy/Rashilla; Shaniko Development LLC Cc: History file Eric Chainey, atty. (~0 5 ~999 March 10, 199.9 Fax 36o.69s. t ?. Georgia Peters All American Property Mgmt. P..©. Box 632 Woodburn, Oregon 97071 Dear Georgia I have received your information packet describing the available rental space in the building we toured last month. Please let this letter act as my intent on occupying the ~ental space for my Art Studio and Sign Business. I will need approximately 350 sq. ft. Let me know w~en construction is to begin, as I would like to discuss the lighting and electrical changes that I would need. Sandy~ Sign and Design Company lic'~,'rrtbe'r: A Buainell~wick No Sign, Is A Sign Of No Business!!! May 14, 1999 Ail America~ P.~op. Mgmt. P.O. Box 632 Woodburn, Oregon 97071 Dear Georgia This letter is confirmation of our meeting today at your office. It is my desire to set up a meeting with my attorney, partners, and Ail American Property Management to further discuss possibly acquiring the botEom floor of the Phoenix Building for my restaurant, E1 Tucan Bar and Grill. Please contact my office at your convenience. Wi~h regards, Orlando Cepada WOODBURN DOWNTOWN A S S 0 C I A T I 0 N P.O. BOX 344 WOODBURN. OREGON 97071 We invite yo~ to join us today! May 21, 1999 Mr. John Brown Woodburn City Administrator 270 Montgomery Woodburn, OR 97071 RE: Renovation of Old Salud Medical Center Building Dear Mr. Brown: I write on behalf of the Woodbum Downtown Association (WDA). At our regular meeting on May 19, we were informed by Charlie Wilson of his efforts to renovate the Salud Medical Building downtown. While currently in a state of disrepair, it seems both feasible and highly desirable that this building be restored. It is an historic treasure, and plans to renovate and rent out professional and retail space will certainly complement WDA efforts to revitalize the downtown area. It would be a tragedy if this building were to be lost. The board of directors of the WDA passed a resolution at its May 19 meeting requesting that the City work with Mr. Wilson and give him an additional ninety (90) days within which to complete planning and obtain necessary financing for renovation. Your forebearance from commencing legal action that might preclude the ability to obtain financing is also requested. Please do not hesitate to contact me at 981-8820 (w) or 982-4531 (h) if there is any assistance that the WDA can provide in ensuring the preservation and restoration ofa Woodburn landmark. As always, the WDA looks forward to working with the City towards our mutual goal of improving downtown and making it an attractive and desirable place for people to shop, visit and work. Very truly yours, ._~?z...._~2.'-',.x/'- 73-~ c'".'( ~.._.-.¢~...r 7~_/~9' Beverly Koutny, President Woodburn Downtown Association SMALL BUSINESS LOAN PROGRAMS For Businesses In MARION, POLK and YAMHILL COUNTIES SMALL BUSINESS FINANCE SERVICES The Mid-Willamette Valley Council of Governments provides assistance to businesses with all of the commonly used government finance programs. These federal, state {~nd local financial Incentives are designed to help companies expand or start new ventures by making Iow interest loans or loan guarantees. The Council of Governments has entered into special packaging or partnership agreements with the U.S. Small Business Administration, Rural Business-Cooperative Service (formerly FmHA), Cascades West Financial Services, State of Oregon Economic Development Department, U.S. Economic Development Administration and local governments in the four county service area that provides: Loan packaging and assistance services for all government loan programs at a single location; Assistance with obtaining financing from private sector lenders; and · Free initial consultations with our professional lending staff. FOR INFORMATION CONTACT John F. Safstrom or Valerie Hoy Loan Officers Mid-Willamette Valley Council of Governments 105 High Street SE Salem, Oregon 97301 (503) 588-6177 E-Mail: jsafstrom@open.org or vhoy@open.org http:\\www.open.org/cog/ecodev/Ioan.htm m ~, o ~ ~- 0 ~ m 0 m r- ~ '< Z · ~' ~ ~ ~o~ .... ~ -' . ' o' 0 -' ~ ~ ~ 0 0 ~ ~ ~ 0 0 ~ o ~ o ~o ~ = · o .-. o.~ ~~ z ~g ~' ~ _ · 8=_=o =~2~'~ mm ~ ~. ~ =oom o ~_.g~ · ~g. gg-'~:~-' g=. g~ ~= ma_.~zo Z ~ ~ m HOW TO USE GOVERNMENT LOAN PROGRAMS Plan ahead and apply early to allow enough time for lOan processing. Be prepared to disclose both your business and personal financial history. Loan programs take a subordinated lien on the collateral and offer a lower than market rate of interest as an incentive for bank participation in your project's financing. Discuss these advantages with your banker. All government loan programs require the participation of a private investor or lender (bank) for project funding. All government loan programs require collateral and demonstrated repayment ability. Targeted projects may include: development of new technology; secondary agricultural processing; export markets; community projects which stimulate other business develoPment in economically depressed areas; business retention and, minority and women owned businesses. The amount of money available for lending by the Revolving Loan Fund Programs depends on the accumulation of portfolio's repayment. PRE-APPLICATION CHECKLIST Business financial statements for the previous three years. ,/ Business financial statement within the past 90 days. Projected income statement for two years. Breakdown of the use of proceeds. ,/' Personal financial statement. Resume. Continuation of PUBLIC HEARING BEFORE THE WOODBURN CITY COUNCIL MAY 24, 1999 - 7:00 P.M. (Agenda Item 1 iA) Zone Map Amendment 99-01 Site Plan Review 99-02 To allow a duplex on property located at 290 Gatch Street Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: May 20, 1999 Mayor & City Council thru City Administrator Planning Commission Zone Map Amendment 99-01, Site Plan Review 99-02 At their hearing of April 8, 1999, the Planning Commission reviewed a proposal to amend the Zone Map from RS - Single Family Residential to RM - Multi-Family Residential and a Site Plan to allow a duplex on property located at 290 Gatch Street. On May 13, 1999 the Commission approved an order recommending the City Council approve a Conditional Zone Change 99-01 for a duplex. The Planning Commission also approves Site Plan Review 99-02 subject to final approval of the Zone Change by the City Council. The City Council may: (1) Approve the Conditional Zone Change 99-01 and Site Plan 99-02 as recommended by the Planning Commission OR (2) Deny the Conditional Zone Change 99-01 and Site Plan 99-02. It is recommended that the City Council instruct Staff to prepare an ordinance to substantiate your decisions. I. APPLICANT: II. III. CI[TY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 STAFF REPORT ZONE MAP AMENDMENT 99-01 SITE PLAN REVIEW 99-02 Orville & Dorothy Krebs Wilhelm Engineering, Inc. 1543 N. Pacific Hwy. Woodburn, OR 97071 OWNER: Orville &Dorothy Krebs 32573 SW Juliette Drive Wilsonville, OR 97070 NATURE OF APPLICATION: The applicant is requesting that a portion of the concerned property be rezoned from RS (Single Family Residential) to RM (Multi-Family Residential). Originally, the applicant's property consisted of four Tax Lots #3200, #2200, #2000 and #1900. All have been consolidated into Tax Lot #3200. However, it is the previously designated Tax Lots #2200 and #1 900 that represents the area to be rezoned from an RS to RM district. Those lots total approximately 10,680 square feet. Additionally, the applicant is requesting approval to construct a 2,640 square foot duplex to be located on what used to be Tax Lots #2200 and #1900. See Map I. RELEVANT FACTS: The property is located at 290 Gatch Street. The property can be identified specifically on Marion County Assessor Map R5 lW Section 18AD Tax Lot 3200. ZC 99-O1, SPR 99-O3.STF - Orville & Dorothy Krebs IV. The property consists of two zone districts approximately 60% of the westerly portion of the property is zoned RM (Multi-Family) while the easterly 40% of the property is zoned RS (Single Family Residential). Apartments are a permitted outright use in the RM District. In the RS District, duplexes are permitted only on corner lots. The property in the RM portion contains an eight unit apartment with 4-2 bedroom units and 4-1 bedroom units. No units are presently located in the RS designated area. The RS Zone District boundary incorporates Tax Lots #2200 and #1900. RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan Goals Policies B. Woodburn Zoning Ordinance Cha ~ter 2 Administration of the Ordinance Cha,~ter 5 Permits and Enforcement Cha~ter 6 Planning Commission Cha~ter 7 Public Hearing Cha ~ter 10 Off-Street Parking, Loading and Driveway Standards Cha ~ter 11 Site Plan Review Cha ~ter 16 Comprehensive Plan Amendment Procedure Cha~ter 26 RM Multiple Family Residential C. Landscaping Standards A-lO Comprehensive Plan Policy High density residential areas should be located so as to minimize the possible deleterious effects on adjacent Iow density residential developments. When high density and/ow density areas abut, density should decrease in those areas immediately adjacent to Iow density residential land. Whenever possible, buffering should be practices by such means as/andscapin~i, sight-obscuring fences and hed~tes, and increased setbacks. ZC 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 2 FINDING: The subject property is located in a multi-family residential enclave that abuts single family residential uses to the north and east. To lessen the potential deleterious effects on adjacent single family residential uses the applicant is proposing the structure be only one story in height and be screened with a 7' high fence. FINDING: The Comprehensive Plan Map identifies this property as Multi-Family Residential. B. Woodburn Zoning Ordinance Burden of proof, Woodburn Zoning Ordinance, Section 16.080(b). 1. Show there is a need for the proposed use. FINDING: The proposed change in the zone map from Single Family Residential to Multi-Family Residential assists in fulfilling a need to accommodate multiple family housing objectives in Woodburn. The applicant's Exhibit "A" reiterates the City's need for multi-family areas evidenced by a DLCD letter of September 9, 1 992. 2. Show that the particular piece of property in question will best meet that need. FINDING: The two parcels would not be conducive for the placement of a single family dwelling(s) based on the fact the property is an integral part of an existing multi-family complex. Chapter 10. Off-Street Parking, Loading and Driveway Requirements. Section 10.050 Off-Street Automobile Parking Requirements. Off-Street automobile parking shall be provided in the amounts not less than those listed below: (b) Dwellings containing 2 or more dwellings units located on the same lot: (1) one and one-half space per dwelling unit having one bedroom only. (2) two spaces per dwelling unit havin9 two or more bedrooms. STAFF COMMENT: Parking Requirements 2-3 Bedroom Apartments = 4 spaces zc 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 3 4-2 Bedroom Apartments -- 8 spaces 4-1 Bedroom Apartments -- 6 spaces TOTAL -- 18 spaces required The applicant has provided for 20 parking spaces. Section 10.060. Off-Street Loading Requirements. Off-Street loading space shall be provided in the amounts listed below. (a) A minimum loading space size of 1 2 feet wide, 20 feet long, and 1 4 feet high when covered shall be required as follows: (1) For multi-family dwellings with 10 or more dwelling units - one space. STAFF COMMENT: The site plan illustrates the loading area (one 12' x 34' long loading space) for the proposed project. The loading meets standard. Section 10.070. Parking and Loading Area Development Requirements. All parking and loading areas except those for single family dwellings shall be developed and maintained as follows: (b) Surfacing: All driveways, parking and loading areas shall be paved with asphalt or concrete and be adequately designed, graded and drained as required by the Public Works Department. (c) Bumper Guards or Wheel Barriers: Bumper guards or wheel barriers shall be so installed that no portion of a vehicle will project into a public right-of-way or over adjoining property. The area beyond the wheel barriers or bumper guards shall be paved or covered with ever green ground cover. (d) Size of Parking Spaces and Driveways: The parking area, each parking space and all driveways shall be of sufficient size and all curves and corners of sufficient radius to permit the safe operation of a standard size automobile, to wit: (2) (3) Maximum 8 percent grade for driveways. Anything in excess of this standard is subject to review of the Public Works Department. Directional signs and pavement marking shall be used to control vehicle movement in the parking lot. (e) Access: all parking and loading areas shall be served with either separate ingress and egress driveways or with an adequate turn-around which is always available and useable. All entrances and exists onto a public right- zc 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 4 of-way shall first have the approval of the Planning Director and/or the City Engineer. (g) Lighting: Any light used to illuminate a parking or loading area shall be so arranged as to be directed entirely onto the loading or parking area, shall be deflected away from any residential use and shall not cast a glare or reflection onto moving vehicles on public right-of-way. (h) Landscaping: In every district other than an "R" district there shall be provided a landscaped yard as set forth in Section 29.060. STAFF COMMENT: The site plan identifies that it will be paved with parking spaces that meet standards. Lighting is a condition of approval by the Police Department. Section 10.080. Driveway Standards. (c) Driveway access for Multi-Family units with off-street parking: Dwelling Unit Maximum Width 11 - 1 00 units Minimum of two accesses of 24 feet expanded From 1 5.5 feet to a width of 25 feet. Chapter 11 Site Plan Review Section 11.030 Approval of Site Plan Required. (a) No building permit for construction of structures governed by this chapter shall be issued until the Site Plan for that structure has received approval under the provisions of this chapter. (b) Any conditions attached to the approval of this Site Plan shall be conditions on the issuance of the building permit. A violation of the conditions shall be considered a violation of this ordinance. Section 11.070. Criteria for evaluating a Site Plan. STAFF COMMENT: The applicant has addressed the Site Plan Review criteria adequately, see attached narrative with the Site Plan Review application from the applicant. (a) The placement of structures on the property shall minimize adverse impacts ono adjacent uses & (b) Landscaping shall be used to minimize the impact on adjacent uses. (c) Landscaping shall be so located as to minimize it's aesthetic zc 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 5 value. STAFF COMMENT: The applicant has stated that a 15 foot wide landscaped yard will be provided on three sides in addition to a 7 foot high site obscuring fence. The applicant further states the "landscaping will be located between the parking lot and the proposed structured in a 10' strip. It will consist of small shade trees (4) and various Iow shrubs and ground covers. Plantings will be of drought resistive materials. A final landscape and irrigation plan will be submitted with construction plans for building permits should this zone and site plan be approved. The proposed structure will be buffered on other side by 15' of landscaped yards. Existing trees along the east property line will be retained and incorporated into the landscape plan. Dead or damaged trees will be removed. The new enlarged parking lot will maintain a landscape strip along fencing and incorporated several large trees as shown. In addition, 2 street trees will be placed along Gatch Street as shown." g) Access to the public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be a/lowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a sim#ar nature. STAFF COMMENT: The applicant states "the proposed structure will utilize an existing access and drive. This drive will be widened to 26' to accommodate 2-waytraffic and fire access. This drive will be shared by the tenants of the existing building." h) The design of the drainage facilities shall minimize the impact on the City's drainage facilities. STAFF COMMENT: "The design of the drainage for the parking lot and buildings will conform City standards of design to minimize impact on existing public drainage facilities." The City has required the applicant drain the storm sewer to the street. The design encourages energy conservation, both in its sitting on the lot, and its accommodation of pedestrian and bicycle traffic. STAFF COMMENT: The applicant states "The proposed structure will be built to energy code "PATH #1" for maximum insulation values. The wider access drive will safely accommodate both bicycle and pedestrian traffic." j) The proposed site development, including the architecture, landscaping and zc 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 6 graphic design, is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF COMMENT: The applicant states "The proposed site development and building plan does conform to all aspects of the WOODBURN ZONING ORDINANCE. Proposed signage will only be address numbers and will conform to all height, area, setback and vision clearance requirements." k) The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. STAFF COMMENT: Lastly, the applicant states "the proposed building will match the construction, materials and colors of existing structures shown on the Site Plan. The owners intent is to have this blend and fit into the existing development as much as possible. In closing, this project will unify the zoning of this property, provide needed multifamily housing and finish the development of this property. The one story duplex proposed is a Iow impact building on both the property and the neighborhood. The widened and improved parking lot will provide for safer access for existing tenants and provide emergency vehicle access and turnaround room which is currently lacking." Chapter 26 RM Multiple Family Residential Section 26.010 (a) Any use permitted in an RL district. Chapter 25 RL Limited Multi-Family Residential District Section 25.010 (a) Any use permitted in an RD district. Chapter 24 RD Residential Duplex District Section 24.O10 (b) Two family dwelling unit in a single family structure. STAFF COMMENT: The proposed use is permitted. Section 25.040 Height STAFF COMMENT: The proposed structure will be less than 20 feet in height. zc 99-Ol, SPR 99-03.STF - Orville & Dorothy Krebs 7 Section 26.050. Side and Rear Yards. (a) There shall be a side yard and a rear yard on every lot in an RM District, which yards shall have a minimum depth as follows: (1) One story five feet; STAFF COMMENT: The proposed duplex will maintain fifteen feet on the rear yard and close to 15 feet on both side yards. Section 26.060. Front Yard. In an RM District, there shall be a minimum front yard of 20 feet. No parking shall be allowed within 20 feet of the front lot line. STAFF COMMENT: Not applicable. Section 26.065. Solar Access. For the purpose of providing solar access protection, development (including accessory structures and fences) shall not cast a shadow on the south wall or any solar access buildable area between the hours of 9 a.m. and 3 p.m. on December 21st STAFF COMMENT: A condition of approval is that the applicant comply with the solar access requirement. Section 26.070. Landscaped Yards. (a) In an RM District the following landscaped yards shall be provided for residential uses other than single and two family dwellings: (1) For each dwelling unit with one or less bedrooms - 300 square feet. One hundred additional square feet for each bedroom over one. (b) In an RM District all required yards adjacent to a street shall be landscaped, except that portion devoted to off-street parking. Such landscaping may be counted in fulfilling the requirements of subsection (a). STAFF COMMENT: The applicant states "landscaping will be located between the parking lot and the proposed structure in a 10' strip. It will consist of small shade trees (4) and various Iow shrubs and ground covers. Plantings will be of drought resistive materials. A final landscape and irrigation plan will be submitted with construction plans for building permits should this zone and site plan be approved. The proposed structure will be buffered on other side by 15' landscaped yards. Existing trees along the east property line will be retained zc 99-Ol, SPR 99-03.STF - Orville & Dorothy Krebs 8 VI. and incorporated into the landscape plan. Dead or damaged trees will be removed. The new enlarged parking lot will maintain a landscape strip along fencing and incorporate several large trees as shown. In addition, 2 street trees will be placed along Gatch Street as shown." CONDITIONS OF APPROVAL: Planning Department: Public Works: Woodburn Fire District Building Department Police Department See Attachment A See Attachment B See Attachment C See Attachment D See Attachment E RECOMMENDATION' Based on findings in the report Staff recommends the Planning Commission recommend approval of the zone map amendment from RS to RM and instruct Staff to prepare an order. Based on the findings in the Staff Report, Staff recommends approval of the site plan review request 99-03, subject to conditions as outlined in item V Conditions of Approval. zc 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 9 J.S lO PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Comply with parking and loading requirements as specified in Chapter 10 of the Zoning Ordinance. Comply with general planting specifications, buffering specifications and guidelines and maintenance standards as per the standards document for site plan review/landscaping. 4. Construct a 7' high obscuring fence as shown in the Site Plan. 5. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in good condition. Any damage shall be repaired within a timely manner. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, systems development charges have been paid. Refer to part two Page 9 of the standards document for site plan review (Randy Scott 982-5247). Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Planning Commission and submit one set of reproducible as-builts. 8. Conditions of approval also include the comments provided by the fire, police, building, wastewater/water, parks, and public works departments. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, systems development charges have been paid. Refer to part two Page 9 of the standards document for site plan review (Randy Scott, 982-5247). 10. Any conditions attached to the approval of the site plan shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the ordinance. ATTACHMENT A ZC 99-01, SPR 99-03.STF - Orville & Dorothy Krebs 1 1 SITE PLAN REVIEW ZONE CHANGE TAX LOT 3200/GATCH STREET Ae De GENERAL CONDITIONS: Final site plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. This development shall not cause storm water runoff to be impounded on adjacent proPerties. All work shall conform to the City of Woodbum Standards and all State Building Codes. STREET AND DRAINAGE: The City has no storm sewer collection system in the vicinity, other then Gatch Street itself. This development will need to discharge to the street through a weep hole in the curb. The surface runoff will not be allowed to discharge to the street across the sidewalk, a strip drain at the approach would be required if this was the proposal. The driveway approach shall conform to current city standards for a commercial driveway. The recycling area as identified on the plan appears to outside of the existing ingress/egress easement. SANITARY SEWER: Sanitary Service can be provided from the existing main within Gatch Street. However, The property being under one ownership the applicant has a choice of; Using the existing service to the parcel, if it has sufficient capacity and/or grade Install a new service to the city main in the center of Gatch Street, all cost associated with this is to be borne by the applicant. Proper permits will also be required though the Public Works Department. WATER: Domestic service can be provided from the existing city water main within Gateh Street. The Water meters are to be placed with the Gatch Street right-of-way. Proper baeldlow prevention device will be required on each domestic and/or lawn irrigation meter provided. Fire protection requirements, including access for emergency vehicles, shall be as per the Woodburn Fire Districts conditions of approval. The proposed duplex may exceed the allowable distance to the nearest fire hydrant. 12 WOODBURN FIRE DISTRICT Prevention Division Site Plan Review Comments Steve Goeckritz, Planner City of Woodbum From: Robert Benck Fire Marshal Date: 03-24-99 Facility~ Project Name: Krebs Duplex Location: 200 Blk, Gatch St. Occupancy Class: R-3 A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Appears to meet requirements. B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage:. 5. Emergency Lighting: C. Fire flow/ Water Supply: 1000 gpm fire flow. D. Hydrants: One hydrant, to be located near entrance to drive on Gateh St. E. Sprinlder/FDC: NA F. Alarm System: As required by building code for residential occupancies. G. Premise Identif~ation: Markings and location to meet city standards. Address must be posted at the access point on Gatch St. 13 H. Special Occupancy Requirements: NA I. Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Review Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS ~ CONSTITUTE PERMISSION TO BUILD. BUll,DING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUII,DING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn. OR. 97071 (505) 982-2360 Fax (503) 981-5004 14 SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/NOTES NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN REQUEST DATE: March 11, 1999 CONTACT PERSON: Planning Department, 982-5246 APPLICANT: George Wilhelm DEPARTMENT: Building ¢r REC'D ~ MAR 1 ~ 1999 WOOD",-~U ~ ' TYPE OF PROJECT: Change four tax lots totaling 11,88- sq.ft. FromC~t~-lRes~dent~al Single Family} to BM {Residential Multiple}. PROJECT LOCATION: Intersection of Young and Gatch Streets, T5S, RIW, Section 18AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). CONFERENCE PLACE: Conference Room Woodburn City Hall Date: March 18, 1999 TIME: 11:00 am GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS E FOLLO~VING IS REQUIRED A~TER PRE-APPLICATiON CO~FERF-~CE: cT~_~STt2-~ (_~-/,c~ >k 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE.FORM 15 City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Craig Halupowski Patrol Officer Date: March 18, 1999 To: Steve Goeckritz, Community Development Director Subject: SITE PLAN REVIEW Krebb Site Development Proj# 97069 AP After reviewing this site-plan, I would make the following recommendations: 1. Signage should face north/south in front of the building on Gatch St.. The numbers should be at least 6" in height and the sign should be illuminated enough to be seen from the street. 2. Landscaping shrubbery/bushes/trees should be no higher than 3 to 4 feet and should not obstruct windows. There should also be at least ! foot of clearance underneath all bushes and 6 feet of clearance underneath all trees. 3. Motion sensor lights should be placed on the front of the new buildings and permanent night lights on the rear corners of the new buildings. These lights should project to the rear and the sides of the buildings. 4. The parking lot needs better lighting. 5. Front doors should have dead bolts and peep holes, the rear sliding door should have pin locks. The rear sliding door glass should also be shatter resistant. 6. Owner/Manager must become and stay a member of the Enhanced Safe Properties Program. DIRECT QUESTIONS TO: Wilhelm Engineering, Inc. (Name) 1543 N Pacific Hwy. (Address) Woodburn (City) REQUEST: To change from RS(Residential Single Family ~,,-'FICE USE ONLY: App. Rec. By: Date: Application No. PETITION FOR ZONE MAP CHANGE Oregon 97071 (State) (Zip Code) AC of (present zone/present comp. plan) Four tax lots totaling 11,880 sq. ft. To (desired zone/desired comp. plan) City of Woodburn Zoning Ordinance. OWNERS: RM (Residential Multiple) as such zones are defined by the NAME (PLEASE PRINT OR TYPE) Orville Krebs Dorothy Krebs ADDRESS AND ZIP CODE 32573 SW Juliette Drive Wilsonville, Oregon LOCATION AND SIZE OF THE PROPERTY: or if not addressed, then state the distance to the nearest intersecting street or known landmark. Intersection of Young and Gatch Streets, T5S1 RIW, Section 18 AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). Total square footage 11,880 square feet. APPLICATION CHECKLIST OFFICE USE ONLY YES NO 1. Statement of intent (Exb. A) 2. Plot Plan (Exb. B) 3. Legal Description of the Property 4. List of all Property Owners within 250 feet of the Property 5. Assessors Map 17 REQUIRED ATTACHMENTS STATEMENT OF INTENT should discuss/explain the reason the request is made. Include brief description of any proposed construction or land use change. Show that the request is: 1) in conformance with the Comprehensive Plan; 2) there is a public need for this change; 3) that need is best met by this proposal; 4) there is no other available and appropriately zoned land in the vicinity; 5) petitioner's cannot make a reasonable use of the land as it is currently zoned. (See zone change policy considerations). (Mark EXHIBIT "A") PLOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of each. Mark EXHIBIT"B", Draw to scale. LEGAL DESCRIPTION: of the property in metes and bounds (as it appears on the deed); Mark EXHIBIT"C", or if the property is within a platted subdivision: *Lot: , Block: , of (Subdivision). * NOTE: If a fraction of the lot, then attach a full description as if it were metes and bounds. NAMES AND ADDRESSES OF ALL PROPERTY OWNERS (husband and wife) within 250 feet from and parallel to the subject property. Obtain a certified list and map from the Title company and attach. Mark EXHIBIT "D'. ASSESSORS MAP: Attach copy of Marion County Assessor's map showing the subject area and outlining 250' notification area. Mark EXHIBIT "F'. We, the undersigned, hereby certify that all the statements in the plot plan, attachments, and exhibits transmitted herewith are true and complete, and we are the owners of record or contract purchasers of property for which the zone map chan.qe is requested: DATE 18 EXHIBIT "A" The purpose of this request is to rezone a portion of Tax Lot 3200 (previously Tax Lots 1900, 2000, 2100 and 2200) in order to make it possible to build a residential duplex in conformance with the ordinances and codes of the city of Woodburn. RELEVANT APPROVAL CRITERIA Chapter 15 Zone Change Procedures 1. Show that the request is in conformance with the Comprehensive Plan. The lots are presently zoned RS (Residential Single Family). A zone change to RM ( Residential Multiple) would be in conformance with the existing comprehensiVe plan and comprehensive plan map, and thus permitted ,~u,, 2. There is a public need for this change. This change will make the zoning agree with the Comprehensive Plan. There is a need for additional RM zoning as evidenced by the letter from DLCD and city staff's inventory ( see attachments). 3. That need is best met by this proposal. Approval of the proposal best meets the identified need, because an increase in housing density is in agreement with the present Comprehensive Plan usage for this area. The proposed duplex provides a good transition between apartment units and the single family. 4. There is no other available and appropriately zoned land in the vicinitY. There comprehensive plan map shows 2 lots to the south and east that potentially fit RM zoning. These properties currently are supporting single family residences and most likely will not be rezoned anytime soon. The Comprehensive Plan has identified this property for rezoning to RM. 5. Petitioner cannot make a reasonable use of the land as it is currently zoned. The subject site cannot be developed for single family housing under it's present zoning due to the small individual lot sizes. Also at this time, there is a need for higher density development in the City of Woodburn (see attached DLCD letter and city staff's inventory marked "Exhibit A-1 and A-2". The change in zoning makes the tax lots in question able to be reasonably utilized by the petitioner in conformance with the comprehensive plan. 19 CONCLUSION: Evidence in this record indicates that there is a need for additional multi-family RM land in Woodburn. This report has demonstrated that the subject property is ideally suited to meet the goals of higher density property in the city of Woodbum, and that the proposal conforms with all relevant goals and standards. Approval of this zone change request will allow reasonable use of this land in agreement with the Comprehensive plan and surrounding land uses. We are requesting approval of this zone change request. 2O Se~t:.ember 9 ~ ~992. Steve Goeckritz City of Woodburn 270 ~o~tgdmery Street woodbul-n, O~ 97071 De~ Steve This dep&rtment h~s reviewed.the proposal to amend the planning ..a%l_.d_.~oD~ng to ~ow a factory outlet shopping center on 27 acres located west of %-5 at Arney ~oad (Local ~i-l~-Z0~ 92-2). We are conceraexi tkat ttua' proposal would not be consistent with Statewide Plan~!ng Go~ls 10 (Eous{ng), Goal 12 (TrRnsportatioa) ~nd Goal 1¢ (Urban{ration). The Land Conservation and Development CommissionZs Tr~n-~po~tgtion adm{'n~ strative rule requires that amendments to local plans and zoning which affect transportation facility (e.g.~ the WoocUsurn _Tntercha~ge) sh~] ~ "assure that allo~ed land uses are consistent witk the identified ~unction, capacity, and lave_L of se_~vice" of the tr_an-?port~tioa facility. (OA~ ~60-12-060 (1)). Tb~S rule describes several bJlat *~h~s may be. accomplished (see attached_mt). ~ we indicated in our letter to you August 13, 1992~ reg~Lrd~ng the shopping center proposal east of 1-5~ .~b{_s ~ nterchange is act ~esigned to handle t~e traffic r_b~t would be generated by the development permitted under the ctLrrent pla/1 for the i. ntercha~ge area. It is poss~-ble that no amount of ~mprovem~_~t to the transportation system at and around tke { ntercha~.ge wi!! solve these problems, i.e., the potential buildout cannot necessa~iiy be accommodated by one i~terckange 3~it~out unacceptable traffic ~mp_acts. If so, rezon~ng some of the undeveloped properties _~n th~s a~ea ~hould be considered. ~owever, rather thag scale back the zoning so as to -provide uses that do not effect th{$ interchange, the' proposal at hand would upzone property in this area so as to add additional traffic. Without g detailed · 'a/~alysis of the cumulative affects of full development, at buildout, it is impossible to determ~ ne whether the effects of this project can be mitigated. · ~pprov-al of th~s request should not occur until a revised transportation plan is completed. The revised 21 AND DEVELOPi~fENT ! C~) 373-(X)SO Bob I~ ndy ~ Field Representative Steve Goeckritz;~ Page 2 ~- September 9, 1992 plan must consider the affects gf this Proposal b. uildout. Only then would we be able at the time of ~ ~p~ov~_u · to eva~uat s,.~_: - ~t.s to the znterchange and r61~-~ -- _e whether ~u~en~ u =~ ...... ~ · - _ -~=~ roacLs would be o ~~ uae ~n~ercnange can function at an acceptable level of service. . statewide Goals i0 and i4 requ/re the city to provide for needed housing tyPes, i//cluding multifamily housing. The Woodburn plan indicates that the city should provide the opportu/lity for 18% of future housing tSevelopment need~ to be multifamily. In fact, ~this Percentage is extr~ly low, since cities in the Salem Portland area UGBs have found that from 35%- to 50%- of f//ture hous/~g stock need~ to be ~ultLfamily. The plan is Currently acknowledged with this projection, but we will oppose any actions that Su/rther reduce this ratio. We ~elieve Goals 10 and 14 require that 27 acres of developable l~nd elsewhere in the UGB be added to the multifamily inventory at the time of approval of this reZone application. Depend/rig on the location of this land, additional transportation studies may also be required in order to meet OA~ 660-12-060 (1). a c t ~v~elopment application commission has recommended anm~,=~ ..._=_.t_uer, ..the Plaruling dltl~ ,..u ~nsure that the development cannot proceed except as per the proposed configuration, and not until the transport%tion studies are accomplished. This would eliminate o~r concerns only if the ~u amendment is re~ired f~ ~^---~'~-'~'~ .~=.au el~/ler a future qulv~_Lent process will b~ ~-"' - - p to proceed, or that an = ~u~zowe= to guarantee notice to - parties; opportunity for us to Participate in the conditions, and the aD~l~^-~:l:-- _ - review of these ~uan~s Ior review of the completed trans~rtat~o~ rules as studies. Please enter this letter into the record of proceedings on this issue. I appreciate the effort you have made to inform and involve us j~ this matter. Please don't hesitate to call me at 373-0067 if you have questions about these concerns. BR:<pa> CC: John DeTer, 0DOT ' David Foster, Housing Division .DLCD File 004-92 (Libr, Ptl, JH; BC, RB) 22 II ~mm MICHAEL L. WELLMAN, ARCHITECT 4-206 EDE30N RD. 505-E~75-~111 ,.qiLVERTON, OREGON 975E, 1 Date: December 30, 1998 To: City Planner, City of Woodburn Re; Zone change from RS to RM 290 Gatch St. SITE .PLAN. EVALUATION The owner proposes to have his property unifonuly zoned to RM. Currently 60% is zoned RM and the remaining is zoned RS:This change will allow for the construction of a duplex on what is now vacant RS land. The attached Site Plan shows the proposed structure, new parking and landscape plans. The following is a response to the Criteria for Site Plan Evaluation: The placement of structures on the property shall minimize adverse impact on adjacent uses. Landxc~ing shall be used to minimize impact on adjacent uses. The surrounding properties a single family. The proposed structure is a duplex which is, under certain circumstances, an allowed use in a single family zone. The structure will be buffered by a 15' wide landscaped yard on these 3 sides in addition to a 7' high sight obscuring fence which will make this structure nearly impossible to see from the neighboring properties. In addition a duplex is the least form of multi-family construction in terms of negative neighborhood impact. c) Landscaping shall be so located as to minimize its aesthetic value. Landscaping will be located between the parking lot and the propose structure in a 10' strip. It will consist of small shade trees (4) and various low shrubs and ground covers. Plantings will be of drought resistive materials. A final landscape and irrigation plan will be submitted with construction plans for building permits should this zone and site plan be approved. The proposed structure will be buffered on other side by 15' of landscaped yards. Existing trees along the east property line will be retained and incorporated into the landscape plan. Dead or damage trees will be removed. The new enlarged parking lot will maintain a landscape strip along fencing and incorporate several large trees as shown. In addition 2 street trees will be placed alone Catch street as shown. 23 Access to the public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. The proposed structure will utilize an existing access and drive. This drive will be widened to 26' to accommodate 2-way traffic and fire access. This drive will be shared by the tenants of the existing building. The design of the drainage facilities shall minimize the impact on the City's drainage facilities. The design of the drainage for the parking lot and buildings will conform City standards of design to minimize impact on existing public drainage facilities. The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. The proposed structure will be built to energy code "PATH #1" for maximum insulation values. The wider access drive will safely accommodate both bicycle and pedestrian traffic. The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and with the stcm. dctrds of this and other ordinances insofar as the location and appearance of the proposed development are involved. The proposed site development and building plan does conform to all aspects of the WOODBURN ZONING ORDINANCE. Proposed signage will only be address numbers and will conform to all height, area, setback and vision clearance r~uirements. The location, design, color cad materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. The proposed building with match the construction, materials and colors of existing structures shown on the Site Plan. The owners intent is to have this blend and fit into the existing development as much as possible. In dosing, this project will unify the zoning of this property, provide needed mulfifamily housing and finish the development of this property. The one story duplex proposed is a low impact building on both the property and the neighborhood. The widened and improved parking lot will provide for safer access for existing tenants and provide emergency vehicle access and turnaround room which is currently lacking. Ivfichael L. Wellman, Architect 24 25 /L JuOY t / 26 EXHIBT "C" Legal Description for a portion of Tax Lot 3200 (previously Tax Lots 1900 and 2200). The following described real property free of encumbrances except as specifically set forth herein: Beginning at the Northeast corner of a tract of land conveyed to G.V. M Incorporated by deed recorded in Volume 703, Page 381, Deed Records, which point is South 60° 45' East 140.24 feet and North 20° 45' East parallel with the center line of said Gatch Avenue 50.00 feet and South 60° 45' East 67.76 feet from a point 247 feet North 20° 30' East of the intersection of the center line of Gatch Avenue with the center line of Young Street, said point also being the Northwest corner of a tract of land conveyed to Arthur M. Bud, et ux, by deed recorded in Volume 545, Page 576, Deed Records, Marion County, Oregon; thence South 60° 45' East 89.0 feet; thence South 20° 30' West 120.0 feet; thence North 60° 45' West 89.0 feet to the Southeast corner of said G.V.M. Incorporated tract; thence North 20° 30' East 120.0 feet to the point of beginning, being situate in the B.S. Bonney Donation Land Claim No. 47, in Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. SAVE AND EXCEPT there from the Westerly 10 feet thereof, as conveyed to LaVonne M. Lobart and Ricky Lee Lady by deed recorded August 4, 1975, in Reel 21, Page 1255, Microfilm Records, Marion County, Oregon. TOGETHER WITH an easement for ingress and egress as set forth in easement agreement dated July 30, 1975, recorded August 5, 1975, in Reel 21, Page 1312, Microfilm Records, Marion county, Oregon. FURTHER TOGETHER WITH an easement 15 feet in width along the Northerly side of the hereafter described real property for the purpose of construction, installation, repair, reconstruction and reinstallation of utilities over and across the most Northerly 15 feet thereof. This reservation of easement is appurtenant to the property described above and runs with the land. Beginning at the Southwest corner of a tract of land conveyed to Henry M. Hackman by deed recorded in Volume 41, Page 613, of the Deed Records of Marion County, Oregon; thence South 60° 45' East 208.00 feet; thence North 20° 30' East 177.0 feet to the Southeast corner of a tract of land conveyed to Fred S. Hall and Vivian R. Hall by deed recorded in Volume 529, Page 535 of the Deed Records of Marion County, Oregon; thence North 60° 45' West 208.00 feet along the South line of last said tract to the Southwest corner and being a point on the center line of Gatch Street; thence South 20° 30' West 177.00 feet along the center line of Gatch Street to the place of beginning. 27 SUBJECT TO: 1. The terms and provisions of that certain access easement as set forth in instrument recorded August 5, 1975, in Reel 21, Page 1312, Microfilm Records, Marion County, Oregon. 2. Covenants, conditions and restrictions as set forth in Reel 1306, Page 495, Microfilm Records, Marion County, Oregon. Maintenance Agreement, including the terms and provisions thereof, recorded April 29, 1996 in Reel 1306, Page 495, Microfilm Records, Marion County, Oregon. Legal Description for a portion of Tax Lot 3200 (previously Tax Lots 2000 and 2'100). Parcel 1: Beginning in the center of Gatch Avenue in the City of Woodburn, Marion County, Oregon, at a point which is 247.00 feet North 20° 30' East from the intersection of said center line with the center line of Young Street said beginning point also being 50.00 feet South 20° 30' West from the Northwest corner of a tract of land conveyed Henry H. Hackman by deed recorded in Book 41, Page 613, Deed Records for said County and State; thence South 60° 45' East 140.24 feet; thence North 20° 45' East parallel with the center line of said Gatch Avenue 50.00 feet; thence South 60° 45' East 67.76 feet; thence South 20° 30' West 120.00 feet; thence North 60° 45' West 208.00 feet to the center line of said Gatch Avenue; thence North 20° 30' East 70.00 feet to the place of beginning. SAVE AND EXCEPT that part lying in Gatch Avenue. Parcel 2: A strip of land 10 feet in width off the Westerly side of that tract of land conveyed to G.V.M. Incorporated in Book 708, Page 259, Deed Records for Marion County, Oregon, and being more particularly described as follows: Beginning at the most Nodherly corner of that certain parcel of land conveyed to Arthur M. Burt, et ux, in Book 545, Page 576, Deed Records for Marion County, Oregon; thence South 60° 45' East along the Northerly line of said Parcel a distance of 10.0 feet; thence South 20° 30' West and being parallel with the Westerly line of said Parcel a distance of 120.00 feet; thence North 60° 45' West a distance of 10.0 feet to a point on the Westerly boundary of that certain tract of land conveyed to Arthur M. Burr, et ux, in Book 396, Page 558, Deed Records for Marion County, Oregon; thence North 20° 30' East a distance of 120.00 feet to the place of beginning. 28 SUBJECT TO: thereof, Dated: Recorded: An easement created by instrument, including the terms and provisions In favor of: For: July 30, 1975 August 5, 1975 in Reel 21, Page 1312, Microfilm Records, Marion County, Oregon G.V.M. Incorporated, an Oregon Corporation ingress and egress 29 SITE PLAN REVIEW APPLICATION DIRECT QUESTIONS TO: Wilhelm Engine, cring, Incorporated (APPLICANT NAME) 1543 N Pacific Highway Woodburn, Oregon 97071 (503) 981-3181 (ADDRESS) PROPERTY OWNER: PROJECT NAME: Orville and Dorothy Krebs Krebs Site Development (TELEPHONE) LOCATION OF PROJECT: Intersection of Young and Gatch Street, Woodburn, Oregon MAP & TAX ACCOUNT NO(S): _ 5S, lW, Section 18AD, Tax Lot 3200 NAME OF DEVELOPER: ARCH/ENG.' Wilhelm Engineering, Inc. Include 11 copies of the Site Plan including all the information required in the Zoning Ordinance, for the particular type of development proposed. All materials are to be folded and collated. Include a detailed Statement of Intent, which describes the type and extent of the proposed operation, any phasing of development being proposed, maintenance of landscaping, etc... Applicant may use the attached statement page and/or include a separate statement along with this application. The statement of intent should include a discussion of the applicable approval criteria. APPLICATION CHECKLIST OFFICE USE ONLY Number of Copies YIN 1. Site Plans ....................... (11) 2. Landscape/Irriga'n Plans... (11) 3. Architectural Plans ........... (4) 4. Sign Plans ...................... (2) 5. Complete Application ........ (1) 6. Statement of Intent ............ (1) Date for Pre-Application conference... Part 1: Scheduled Hearing Date ........................... Date of Engineering Conference ........ Part 2: 30 STATEMENT OFINTENT SEE ATTACHED I certify under penalties provided by law that the information contained herein is true and accurate to the best of my knowledqe and belief. DATED this z7//'/'~ day of / ~Z ,"' ,-~ ,,--- ,--', !," , 19 ~ ~' SIGNATURES of each owner (husband & wife), contract purchaser, representative. NAM E/-'~F . / Contract Purchaser ADDRESS AND ZIP CODE 32573 SW Juliette Drive Wilsonville, Ore.qon 97070 Representative 31 0~-09-1999 06:58AM FROM TO 9825244 P,O1 WEI WILHELM ENGINEERING, INC. 1543 N. Pacific Hwy PO Box 561 Woodburn, OR 97071 Area Code 50;3 981-3181 266=6168 Fax 981.,8925 A FULL SERVICE COMPANY April 9, 1999 TO: Mr. Steve Goeckritz PHONE: 982-5246 FROM: George Project: NUMBER OF PAGES INCLUDING COVER SHEET: 3 FAX: 982-5244 97069 - Krebs Site Plan IF THERE ARE ANY PROBLiEMS WITH TRANSMISSION, PLEASE.CALL IMMEDIATELY. ~ URGENT [~1 FOR YOUR REVIEW r-'l REPLYASAP r~ PLEASE COMMENT REMARKS: Transmitted herewith is a copy of the deed for Tax Lot 1900 and 2200. After looking through it again, it is ,not the way that I would write it; however, you can follow it. i think that the confusion had to do with the point of beginning which is the north west corner of tax lot 2100. The description starts at the center of Gatch and Young street goes 247 feet N20°30'E along the centerline of Gatch; thence S60°45'E 140.25 feet; thence N20°45'E parallel with Gatch St. 50.00 feet; thence S60°45'E 67.76 feet. If you have any questions please feel free to call. 32 ~'lL~o~rVlLJ.,sr, ~ )7070 1377 6~ TAX ACCT. I~p NO: Beglr-nlr~ st..t~m l~rth~ast'corner of a trecC of land ~vel~ to O.V.~. Integrated ~ de~ reared.ia Vol~ 9o3, Page 311, N*d Recordl, ~lnt ii ~outh 600 45' ~It 140.34 ~ee~ In~ North 20' 4S' ~esC parallel vlth the center line o~ said ~tch Avenue S0.00 f~t and G~Ch fee~ [r~ a ~lnt 24? [~t ~orth ~0* 30' ~It or the lnterpectl~ of the centerl[ne of ~t~h Avenue ~ith the C~ter line O~ YO~q Street. laid ~J'lt County, O~egon: thence ~outh ~0' 45' ~lt ~.0 feec; Chence Nsec ~20.0 feet~ chence ~orth 40, 4S' kelt ~.0 ~eec to the 8~Cheiet corner o( eat4 U.V.H. lnCO~rat~ trect~ thence North ~O' 30' EaNc ~20.0 feec to Chi C~ty. ~. ~rt ~nd Rlcky ~e ~dy ~ deed re~ed A~ufc 4, 1)75, ~g~ ~I~ ~ ~m~nC ~or S~ren~ ~d ~eI Ia met forth In sieur NicroflI~ ~e~zds, art~ ~ty. 0r~. ineta/latl~, repair, re~flet~ctlo~ across the ~eC Northerly IS feet t and relnetellot/~ of utilities O~r and e~urte~nt to the .... ' - · hereo~. ~i reoe~at/o, B~I~ at t~' 8~th~lt co.et eCi tract et land c~veye~ to Renry N. Reckon by deed recorded In Vol~ 41, Page 613, of the ~ed Recorda of ~ation County. Oregon) thence ~outh i0· aS' last 201.00 ~eetl thence ~orth Rant l??.o test to the 6outheaet corner o: & tract O~ ~end COnve~d to gall and ViVlln R. ~ll ~ deed ro~rded iff Vol~ SlJ, Pa~e Race, de ~ ~rion C~t~, Or~; thence ~otth ~0, 4~, Neet th~ cente~ ~e ~ ~tch etriet] thefl~ ~Outh 20· ]0' kelt ~??.~0 33 ! i k KUI~I S~G~?ZC-r ~q?: - ...::..v .- 1. T'ne terse end ~coTielone o~ 't~it cer~lSn access 3. Cove~e, ~di~o ~ Zutri~i~ recorded ~rll 2~. I~P~ ~ ~1 1)0~. Page 4~S. Microflls Co~tT. Or,eh. · c~u~l c~liderlCl~ C~Iicl ot or lncl~l ot~r p~rcy or ocher Yalue t~ (indlc~Ie ~ich) airfield. - Il g~&ntor 1~ · ~ra~l~. '~e ~ ~ ~ed DA rector~. ~1~1, · .-.¥: '..: . STA~ O~ ~, ~Cy Ot ~le lnet~nc ~o' ic~l~ Mfore ~ by vl~Ii 34 P. 03 FINAL ORDER CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON ) ZONE CHANGE 99-01 ) FINAL ORDER SITE PLAN REVIEW 99-02 ) WHEREAS, a request was made for the Planning Commission to hear a proposal for approval of a zone change from Single Family Residential (RS) to Multi-family Residential (RM) and Site Plan Review, and; WHEREAS, the Planning Commission reviewed the matter at their special scheduled meeting of April 8, 1999, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant and proponents of the proposal, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to recommend the City Council approve Zone Change 99-01 and Site Plan Review 99-02 and instructed Staff to prepare findings and conclusions, NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: 1. The Planning Commission recommends the City Council approve the Conditional Zone Change for a duplex only for Zone Change 99-01. The Planning Commission approves Site Plan Review 99-02 subject to final approval of the zone change based on findings and conclusions contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", which is attached hereto and by reference incorporated herein. Approved: [/~ /~' ,~~' ~ Royce Youn~l, C;l~a~'person Date FINAL ORDER - Zone Change 99-01, SPR 99-02 35 EXHIBIT "A" FINDINGS AND CONCLUSIONS RELEVANT FACTS The property is located at 290 Gatch Street. The property can be identified specifically on Marion County Assessor Map R5 lW Section 18AD Tax Lot 3200. The property consists of two zone districts approximately 60% of the westerly portion of the property is zoned RM (Multi-Family) while the easterly 40% of the property is zoned RS (Single Family Residential). The property in the RM portion contains an eight unit apartment with 4-2 bedroom units and 4-1 bedroom units. No units are presently located in the RS designated area. 4. The RS Zone District boundary incorporates Tax Lots #2200 and #1900. COMPREHENSIVE PLAN FINDINGS The subject property is located in a multi-family residential enclave that abuts single family residential uses to the north and east. To lessen the potential deleterious effects on adjacent single family residential uses the applicant is proposing the structure be only one story in height and be screened with a 7' high fence. The Comprehensive Plan Map identifies this property as Multi-Family Residential. The proposed change in the zone map from Single Family Residential to Multi- Family Residential assists in fulfilling a need to accommodate multiple family housing objectives in Woodburn. CONCLUSION The applicants request is in keeping with the Comprehensive Plan Maps Multi-family designation. ZONING ORDINANCE FINDINGS Apartments are a permitted outright use in the RM District. In the RS District, duplexes are permitted only on corner lots. FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01, SPR 99-02 - Orville & Dorothy Krebs 36 The undeveloped portion of the property would not be conducive for the placement of a single family dwelling(s) based on the fact the property is an integral part of an existing multi-family complex. 3. Parking Requirements 2-3 Bedroom Apartments = 4 spaces 4-2 Bedroom Apartments = 8 spaces 4-1 Bedroom Apartments = 6 spaces TOTAL = 18 spaces required The applicant has provided for 20 parking spaces and exceeds standards. o The site plan illustrates the loading area (one 12' x 34' long loading space) for the proposed project. The loading meets standard. o The site plan identifies that it will be paved with parking spaces that meet standards. 6. The applicant has addressed and meets the Site Plan Review criteria. CONCLUSION The applicants request is in keeping with the zoning ordinance. FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01, SPR 99-02 - Orville & Dorothy Krebs 37 EXHIBIT ~B~! PLANNING DEPARTMENT CONDITIONS OFAPPROVAL The proposed development shall be in substantial conformance with the preliminary plan. Comply with parking and loading requirements as specified in Chapter 10 of the Zoning Ordinance. Comply with general planting specifications, buffering specifications and guidelines and maintenance standards as per the standards document for site plan review/landscaping. 4. Construct a 7' high obscuring fence as shown in the Site Plan. 5. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in good condition. Any damage shall be repaired within a timely manner. o o On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, systems development charges have been paid. Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Planning Commission and submit one set of reproducible as-builts. Conditions of approval also include the comments provided by the fire, police, building, parks, and public works departments are attached hereto and incorporated herein. Any conditions attached to the approval of the site plan shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the ordinance. FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01, SPR 99-02 - Orville & Dorothy Krebs 38 ZONE CHANGE TAX LOT ~00/GATCH STREET GENERAL CONDITIONS: Final site plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. This development shall not cause storm water runoff to be impounded on adjacent properties. All work shall conform to the City of Woodburn Standards and all State Building Codes. STREET AND DRAINAGE: The City has no storm sewer collection system in the vicinity, other then Gatch Street itself. This development will need to discharge to the street through a weep hole in the curb. The surface runoff will not be allowed to discharge to the street across the sidewalk, a strip drain at the approach would be required if this was the proposal. The driveway approach shall conform to current city standards for a commercial driveway. The recycling area as identified on the plan appears to outside of the existing ingress/egress easement. SANITARY SEWER: Sanitary Service can be provided from the existing main within Gateh Street. However, The property being under one ownership the applicant has a choice of; A. Using the existing service to the parcel, if it has sufficient capacity and/or grade B. Install a new service to the city main in the center of Gatch Street, all cost associated with this is to be borne by the applicant. Proper permits will also be required through the Public Works Department. WATER: Domestic service can be provided from the existing city water main within Gateh Street. The Water meters are to be plao~with the Gatch Street right-of-way. Proper baekflow prevention device v~ill be required on each domestic and/or lawn irrigation meter provided. lVtre protection requirements, including access for emergency vehicles, shall be as per the Woodbum Fire Districts conditions of approval. The proposed duplex may exceed the allowable distance to the nearest fire hydrant. 39 WOODBURN FIRE DISTRICT Prevention Division Site Plan Review Comments Memo To: Steve Goeckritz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 03-24-99 Facility/Project Natne: Krebs Duplex Location: 200 Blk, Gatch St. Occupancy Class: R-3 A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Appears to meet requirements. B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review.~ 1. Occupant Load: 2. Number of Exits: 3. Exit ltardware: 4. Exit Signage:. 5. Emergency Lighting: C. Fire flo~v/ Water Supply: 1000 gpm fire flow. D. Hydrants: One hydrant, to be located near entrance to drive on Gatch St. E. Sprinlder/FDC: , NA .- F. Alarm System: As required by building code for residential occupancies. G. Premise Idenfiffwation: Markings and location to meet city standards. Address must be posted at the access point on Gatch St. 40 H. Special Occupancy Requirements: NA L Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Review Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system mo~t be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS ~ CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn, 0]~ 97071 (503) 982-2360 Fax (503) 981-5004 41 SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/NOTES REQUEST DATE: March 11, 1999 CONTACT PERSON: Planning Department, 982-5246 APPLICANT: George Wilhelm DEPARTMENT: Building ~ REC'D ~ MAR 1 ~ 1999 TYPE OF PROJECT: Change four tax lots totaling 11,88- sq.ft. Frorn~:~¢~L~'l~iden(ial Single Family) to RM (Residential Multiple). PROJECT LOCATION: Intersection of Young and Gatch Streets, TSS, RIW, Section 18AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). CONFERENCE PLACE: Conference Room Woodburn City Hall Date: March 18, 1999 TIME: 11:00 am GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS 1! Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE.FORM 42 City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Craig Halupowski Patrol Officer Date: March 18, 1999 To: Steve Goeckritz, Community Development Director Subject: SITE PLAN REVIEW Krebb Site Development Proj# 97069 AP After reviewing this site-plan, I would make the following recommendations: 1. Signage should face north/south in front of the building on Gatch St. The numbers should be at least 6" in height and the sign should be illuminated enough to be seen from the street. 2. Landscaping shrubbery/bushes should be no higher than 3 to 4 feet and should not obstruct windows. There should also be at least 1 foot of clearance underneath all bushes and 6 feet of clearance underneath all trees. 3. Approval of the lighting by Staff in a way that it will provide reasonable illumination without disturbing the tenants in or adjacent to the property. 4. The parking lot needs better lighting. pin locks. Program. Front doors should have dead bolts and peep holes, the rear sliding door should have The rear sliding door glass should also be shatter resistant. Owner/Manager must become and stay a member of the E~fl~anced Safe Properties 43 SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/NOTES REQUEST DATE: March 11, 1999 DEPARTMENT: Parks CONTACT PERSON: Planning Department, 982-5246 APPLICANT: George Wilhelm TYPE OF PROJECT: Change four tax lots totaling 11,88- sq.ft. From RS (Residential Single Family) to RM (Residential Multiple). PROJECT LOCATION: Intersection of Young and Gatch Streets, T5S, R1W, Section 18AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). CONFERENCE PLACE: Conference Room Woodburn City Hall Date: March 18, 1999 TIME: 11:00 am GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS THE FOLLOWING IS REQUIRED A~i~-R PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE.FORM 44¸ PROPONENTS March 25, 1999 CERTIFIED PUBLIC ACCOUNTANT 2 PROGRESS WAY WOODBURN, OREGON 97071 981-0! 66 Woodbum City Hall 270 Montgomery St. Woodbum, Oregon 97071 Re' Notice of Public Hearing 290 Gatch Street T5S, 1W, Section 18AD, Tax Lot 3200 Dear Woodbum Planning Commission: A hearing is being held April 8, 1999, at 7:00 PM in the Woodbum City Hall, Council Chambers. The subject being discussed, for the above address, is a zone change. I approve the zone change because it would be a benefit to the area to have a multi-family residential housing. Sincerely, Earl A. Doman, P.C. Certified Public Accountant EAD/mkm 45 March 26, 1999 City of Woodburn Planning Committee 270 Montgomery Woodburn, OR 97071 To the Woodburn Planning Chairman: I own a residence at 344 Gatch St. contiguous to the North boundary of a parcel Orval Krebbs is asking to change to multi-family zoning. I don't oppose the zone change to multi-family housing if it includes the condition that an obscure chain link fence be installed to separate single family from multi-family zone(North boundary of Krebbs property). I have had some problems in the past where his tenants were driving through my lawns and dumping rubbish on my property and this would solve that problem. Thank you. Yours truly, _ "~ Jake VanPelt 46 CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 STAFF REPORT SITE PLAN REVIEW 99-01 I. APPLICANT: II. III. Dr. Patrick L. Paradis, D.V.M. Animal Medical Clinic Woodburn, OR 97071 OWNER: McDonald's Corp. 500 SW Meadows Rd. Suite 200 Lake Oswego, OR 97305 NATURE OF APPLICATION: The applicant is requesting Site Plan Review approval of an approximate 4, 278 square foot veterinary clinic. RELEVANT FACTS: The site is located off of Evergreen Road between highway 214 and Stacy Allison. The property is identified as a portion of tax Lot 400(Acct # 44075233), Township 5 South, Range 2 West, Section 12C. No conditional use application is required with this request for a veterinary hospital. The applicant has stated that occasionally pets are kept overnight and that less than three percent of business is attributed to boarding. Therefore, staff concurs that boarding of animals is subordinate to the hospital use. The applicant has recently received administrative approval of a lot line adjustment 99-01. SITE PLAN REVIEW 99-01 Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: May 20, 1999 Mayor & City Council thru City Administrator Planning Commission An Appeal of Site Plan Review 99-01, Woodburn Animal Medical Clinic, Applicant Dr. Patrick Paradis, DVM, Appellant Gary L. LaPointe At their hearing of April 8, 1999, the Planning Commission reviewed a proposal to construct a 4,278 square foot veterinary clinic on the west side of Evergreen Road just north of the Motel 8. The Planning Commission closed the hearing but kept the record open for written submissions until April 22, 1999 and then considered the record before them in its entirety and approved SPR 99-01. The order was signed on April 26, 1999. Mr. Gary LaPointe submitted additional testimony on April 29, 1999 appealing the Planning Commission's decision to the City Council. The Staff Report is made up of the following sections: STAFF REPORT Maps & Site Plan FINAL ORDER OPPONENTS SUBMISSIONS PROPONENTS SUBMISSIONS Page(s) 1-20 (12-13-16) 21-29 30-42 43-65 It is requested that the City Council instruct Staff to prepare an ordinance with findings and conclusions to substantiate your decision. PUBLIC HEARING BEFORE THE WOODBURN CITY COUNCIL MAY 24, 1999 - 7:00 P.M. (Agenda Item 1 lB) Appeal of Site Plan Review 99-01 Proposed Woodbum Animal Clinic To be located on the west side of Evergreen Road north of Motel 8 IV. RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Woodburn Zoning Ordinance A. Woodburn Comprehensive Plan STAFF FINDING: The applicable approval criteria have been met through the implementing ordinance of the adopted zoning ordinance and any other ordinances in effect at the time of approval. B. Woodburn Zoning Ordinance The following sections of the Zoning Ordinance were found to be relevant to the approval of this application: 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5. Chapter 6. Chapter 7. Chapter 2 Administration of the Ordinance 5 Permits and Enforcement 6 Planning Commission 8 General Standards 10 Off Street Parking, Loading and Driveway Standards 11 Site Plan Review 30 Commercial General Standards Woodburn Zoning Ordinance Chapter 10 Off Street Parking, Loading & Driveway Standards STAFF FINDING: This section of the zoning ordinance does not address parking requirements for veterinary clinics. The applicant has provided parking based on a medical clinic. Based on 4,278 square feet and 10 employees 20 parking stalls are required and. 20, parking stalls are proposed. Eight stalls are for compact cars. The applicant is proposing two loading spaces and access is via a shared private access from Lawson Avenue and Evergreen Road which already meets city standards. SITE PLAN REVIEW 99-01 2 Chapter 11 Site Plan Review Criteria for Evaluating a Site Plan Section 11.070 The applicant has addressed the site plan criteria, see attached project narrative. (a) The placement of structures on the property shall minimize adverse impacts on adjacent uses. STAFF FINDING: The proposed building is in conformance with current standards for setbacks. The surrounding properties to the south, east, west and north are commercial in nature. (b) Landscaping shall be used to minimize impact on adjacent uses. STAFF FINDING: The proposed landscaping exceeds the minimum requirements for the commercial general district (see site plan). 48% of the area is proposed to be landscaped, 15% is required. (c) Landscaping shall be located as to maximize its aesthetic value. STAFF FINDING: The applicant has shown most of the required landscape elements. The parking lot and landscape strip adjacent to the street do not show the required trees. (d) Access to public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses. STAFF FINDING: Evergreen Road is identified as a service collector in the transportation plan. The proposed use will be utilizing a private access easement that is shared with adjacent uses. See public works comment B. 1. SITE PLAN REVIEW 99-01 3 (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. STAFF FINDING: Storm drainage is not available to the site but can be made available. Public works staff has reviewed this proposal and offers two options to the applicant. (f) The design encourages energy conservation, both in its sitting on the lot and its accommodation of pedestrian and bicycle traffic. STAFF FINDING: Pedestrian and bicycle traffic can be accommodated through existing sidewalks adjacent to the structure. Bicycle racks (2) are proposed on site. (g) The proposed site development, including the architecture, landscaping and graphic design is in conformity with the site development requirements of this ordinance and with the standards of the this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF FINDING: This staff report has discussed the approval criteria as it relates to site plan review. The applicant has provided substantial evidence that the proposed use is in conformity with the development requirements of this ordinance, or can meet the approval criteria with conditions of approval. No sanitary sewer is located adjacent to this new development site. The public works department has reviewed this situation and has offered two options to the applicant to connect to existing service. (h) The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. STAFF FINDING: Various commercial uses, multi family and other clinics are located in the immediate area. Out of all the allowed uses, this proposal is less intense than what could be allowed. The proposed free standing sign meets the sign ordinance standards. The sign adjacent to the Evergreen drive way has not been identified and the applicant has not shown any roof or wall sign on the building. SITE PLAN REVIEW 99-01 4 IV Section 11.085 Time Limitation At the time of final approval the applicant has six months to initiate construction. If construction has not begun within this time frame, the applicant can request, in writing, a six-month extension. The site plan become void one year after final approval, therefore, the applicant would have to reapply after that time period. Chapter 30 Commercial General District Section 30.010 Use (f) Service: (4) Veterinary hospital or clinic STAFF FINDING: The proposed use is allowed under this section. Sections 30.060 - 30.090 STAFF FINDING: The proposed structure meets the setback requirements. It is within the height limitation of the zone and there are no lot area or setback requirements for this zone. COMMENTS FROM OTHER DEPARTMENTS: Public Works: Fire Dept: Building: Attachment A Attachment B Attachment C RECOMMENDED CONDITIONS OF APPROVAL: Based on the findings in this report, staff recommends approval subject to the following conditions: 1. Comply with attachments A, B, and C 2. The proposed development shall be in substantial conformance with the preliminary plan. SITE PLAN REVIEW 99-01 5 3. Submit a landscaping and irrigation plan to the planning department for review. Provide required trees in parking lot and on property adjacent to street. Staff also recommends street trees in ROW adjacent to Evergreen Road to match what is in front of Super 8 Motel. 4. Submit sign plan to building department for approval and permit. 5. Approved backflow devices may be required. 6. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, system development charges have been paid. 7. Prior to occupancy permit issuance, the applicant shall submit on set of reproducible as-builts. C:\MyFiles\SPR 99-01 .staff report.wpd SITE PLAN REVIEW 99-01 6 SITE PLAN REVIEW ANIMAL MEDICAL CLINIC EVERGREEN ROAD Ae GENERAL CONDITIONS: Final plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. All city maintained facilities located on private property will require a minimum 16-foot wide utility easements to be conveyed to the city. This development shall not cause storm water runoffto be impounded on adjacent properties. A recorded copy of any required third party easements or agreements shall be provided to the city prior to any building permits being issued. All work shall conform to the City of Woodburn Standards and ail State Building Codes. STREET AND DRAINAGE: This development will utilize a private shared access from Lawson Avenue and Evergreen Road. This mutual non-exclusive access easement, signage and maintenance agreement, recorded in reel 1291, page 178 is subject to certain terms and conditions. It is the applicants responsibility to comply with them, the city's approval or comments do not pertain to this agreement. The existing city maintained storm sewer system on Evergreen Road ends approximately 120 south of this development. If grade is sufficient, the city system could be extended by the applicant in accordance with city standards to serve this site. The other option would be to utilize the existing private system serving the Super 8 Motel site and a portion of the proposed development site, this would require the proper agreements and/or easements between the affected property owners and would need to be recorded with Marion County. On-site storm runoff detention will be required in conformance with city standards. On-site catch basins shall be the pollution control type. I 7 WATER: Domestic and/or irrigation service can be provided from the existing water main on Evergreen Road. Proper backflow prevention devices will be required and shall be located and installed in accordance with city standards. Water meters shall be placed within the Evergreen Road fight-of-way. Additional fire hydrants and/or fire protection issues shall comply with the Woodburn Fire Districts conditions of approval. SANITARY SEWER: With the separation of this parcel from the parent parcel, McDonalds tract, no sanitary sewer service is provided to it and in addition, no city maintained sanitary sewer is adjacent. The development will need to connect to the existing sanitary sewer main within State Highway 214 or the sewer main located at the intersection of Stacy Allison and Lawson Avenue. Private easements will be required to get to either location and a permit from the Oregon Department of Transportation would be required to utilize the city main within State Highway 214 right-of-way. See wastewater comments in regard to additional conditions of approval. WOODB URN FIRE DISTRICT Prevention Division Site Plan R~iov Comments Memo To: Steve Goeckritz, Planner City of Woodbum From: Robert Benck Fire Marshal Date: 04/01/99 Facility/Project Name: Paradis Vet Clinic Location: Evergreen Rd. Occupanc~ Class: B A. Access: 1. Exterior of Facility: Drive, able access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide mm around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Preliminary drawings would indicate acceptable access. B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signnge:. S. Emergency Lighting: C. Fire flow/ Water Supply: Type II-N Building will be 1500 gpm Type V-N Building will be 1750 gpm If sprinkled the require flow will be that required for the sprinkler system design but not less than 1500 gpm. D. Hydrants: Non sprinkled building will require one hydrant. Adequate hydrants are present in the area. E. Sprinlder/FDC: If sprinkled the FDC for a sprinkler system will be located off of the building and at a location near a fire hydrant with the approval of the Fire District and City water department. 9 F. Alarm System: If sprinkled, as required for monitoring of sprinkler system. G. Premise Identification: Markings and location to meet city standards. H. Special Occupancy Requirements: Fire extinguishers will be required. Extinguisher size and type and location to be approved by the Fire District prior to occupancy. Compressed Gases Storage including medical gases and use shall comply with Article 74 of the Uniform Fire Code. Criteria for storage depends upon quantity and location of cylinders. A room designated exclusively for medical gases is required as a minimum. I. Building Size & Limitations/' Type of Construction: Within limits Fire and Life Safety Review Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQIflREMENTS ]O_Q.F.~..I~.D~ CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 10 SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/NOTES REQU EST DATE: DEPARTMENT: CONTACT PERSON: Planning Department, 982-5246 APPLICANT: ©¢-. ~r,-c(L ~-'~c~¥"~.ct(5 TYPE OF PROJECT: ~,~ -~ ~'~'~ ~o~ ~'~ PROJECT LOCATION: ~Ve~rc~a ~ ~a~ ~(gn~J~ CONFERENCE PLACE: Conference Room Date: Woodburn City Hall GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit Blank SPRPRE FORM 11 90O 1000 4.4~74000 700 604 ~.0o AC pARCEL 2 1.25 AC STACEY .~.eALLISON I 100 o 200 "'~7-/.~2" ,~a 501 500 p~ 2 PA~L ~.~ AC 1.~ AC p~EL S WaY 1400 '~5 ~l ~'~::;'"'¢'~ ~ ' 1500 I '"'~::?:' 1501 252.71 12 E,~,~-t-IENT E vEt~I~EEN I~OAE 13 DIRECT QUESTIONS TO: SITE PLAN REVIEW APPLICATION DR. PATRICK L. PARADIS, DVM (APPLICANT NAME) 1017 YOUNG STREET (503) 981-4622 (ADDRESS) (TELEPHONE) PROPERTY OWNER: DR. PATRICK L. PARADIS, DVM WOODBURN ANIMAL MEDICAL CLINIC PROJECT NAME: LOCATION OF PROJECI: EVERGREEN ROAD SOUTH OF HIGHWAY 214 MAP & TAX ACCOUNT NO(s): TO BE DETERMINED NAME OF DEVELOPER: DR. PATRICK L. PARADIS, DVM ESS ~'r~-t~3RE, P.C. ARCH./ENG.: Include I I copies of the Site Plan including all the information required in the Zoning Ordinance, for the particular type of development proposed. All materials are to be folded and collated. Include a detailed Statement of Intent, which describes the'type and extent of the proposed operation, .any phasing of development being proposed, maintenance of landscaping, etc.. Applicant may use the attached statement page and/or include a separate statement along with this application. The statement of intent should include a discussion of the applicable approval criteria. APPLICATION CHECKLIST OFFICE USE ONLY Number of Copies YIN 1. Site Plans ....................... 2. Landscape/Irriga'n Plans... 3. Architectural Plans ....... :.. 4. Sign Plans ..................... 5. Complete Application ...... 6. Statement of Intent ........ Date for Pre-application conference...Part I: Scheduled Hearing Date ...................... : Date of Engineering conference ....... Part Ih (11) (1!) (4) (2) (1) (1) JAN 0 8 i999 Page 5 - Standards Document fo~ Slta Plan Review 6f33 14 STATEMENT OF INTENT THE APPLICANT INTR~II)S TO ERECT A ~ VETERINARY CLINIC ~I~I~ ~ I~I~TEDONTHEA~ACHEDSI~PLAN. I ~;ertifv under penalties orovided by law that the information contained herein is true and accurate to the best of my knowledae and belief. DATED this 5TH day of JANUARY · 1999. SIGNATURES of each owner (husband & wife), contract purchaser, representative. 989 HERMANSON WOODBURN~ OREGON 97071 989 HERMANSON WOODBURN, OREGON 97071 RS~ A~, P.C. 2225 COUNTRY CLUB ROAD WOODBURN, OREGON 97071 Page 6 - Standards Document fo~ Site Plan Review 15 PAGE ONE PROJECT NARRATIVE FOR CR DISTRICT PROPERTY AT EVERGREEN ROAD WOODBURN, OREGON FOR WOODBURN ANIMAL CLINIC APPLICANT: DEVELOPER/OWNER: LEGAL DESCRIPTION: DR. PATRICK L. PARADIS, D.V.M. Animal MediCal Clinic 1017 Young Street Woodbum, Oregon 97071 Phone: (503) 981-4622 Same as above NW 1/4, Section 12, Township 5S, Range 2W, Eastern Portion of Tax Lot 400 (44075233).188.43 feet x 135.24 feet = 25,400 square feet approximately. Off State Highway 214 and Evergreen Road. APPLICATION ZONING AND ORDINANCE SECTIONS Chapter 11. SITE PLAN REVIEW: This application is being submitted to meet or exceed all required cdteda outlined in Chapter 11 of the City of Woodbum Zoning Ordinance. Section 11.070. Criteria of Evaluating a Site Plan. The following cdteda shall be used in evaluating a Site Plan: (A) The placement of structures on the property shall minimize adverse impact on adjacent UseS, (B) Landscaping shall be used to minimize impact on adjacent uses. (C) Landscaping shall be so located as to maximize its aesthetic value. (D) Access to the public streets shall minimize the impact of traffic impacts. Wherever possible, access shall be shared with adjacent uses of a similar nature. (E) The design of the drainage facilities shall minimize the impact on the City's or other public agency drainage facilities. (F) The design encourages energy conservation, both in the siting on the lot, and its accommodation of pedestrian bicycle traffic .... (G) The proposed site development, including the architecture, landscaping and graphic design is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinances Insofar as the location and appearance of the proposed development are involved. (H) The location, design, color and materials of the extedor of the structures and signs are compatible with proposed development and appropriate to the immediate neighborhood. 17 PAGE TWO APPLICANT: (A) (B) (c) (D) (E) (F) (G) (H) The placement of proposed structure on the subject properly is adjacent to existing buildings of similar usage. The new structure as located has no adverse impacts to adjacent properties. Proposed landscaping on the site is adequate to help minimize any impact on adjacent uses. Proposed landscaping at the subject site will maximize the aesthetic value of the subject property. Traffic accesses to and from the site will be shared with adjacent propedies. Site drainage has been designed to utilize existing city facilities which have sufficient capacity to absorb any excess drainage generated by the proposed site development and new structure. The proposed structure and site amenities reduce the overall impervious surface at the site. The proposed structure as located on the subject site will not inhibit or prevent the ability of cyclists or pedestrians from operating in the public right-of-way. Landscaping on the subject property meets the site development requirements and standards of the city ordinance. The existing landscaping would be maintained. Trees as exist on the total site at this time will remain as is. The location, design, color and materials of the exterior of the proposed structure are compatible with the existing adjacent shopping center and the overall commercial development of the area. Specific colors and signage are as submitted under separate documents. CHAPTER 30, CG - GENERAL COMMERCIAL DISTRICT Section 30.010. Use. Within a CG General Commercial District, no building, structure or premises shall be used, enlarged or designed to be used, erected, structurally altered, or enlarged, except for one or more of the following uses: (H) SERVICE. (20) Veterinary clinic, or hospital, conducted wholly within a building. APPLICANT: The proposed structure will be utilized as veterinary clinic at Evergreen Road, Woodbum, Oregon. The proposed new structure is an outdght permitted use in the General Commercial District. The kennel portion of the PrOposed structure is a conditional use (Section 30.020.) Section 30.040. Height. Buildings and structures erected, altered, or enlarged for other than residential purposes shall not exceed three stories or 45 feet in height. APPLICANT: The proposed structure's maximum height is 24 feet. Section 30.050. Rear and side yards. In a CG Distdct no side or rear yard is required except as herein provided, but if one is provided, it shall be not less than 5 feet in depth exclusive of any alley. A side or rear yard shall be provided in a CG Distdct when: APPLICANT: The side and rear yards shown on the submitted site plan exceed any zoning ordinance requirements; this structure is not abutting or adjacent to any residential zone. Section 30.060. Front Yard. A landscaped yard 5 feet in depth shall be provided in a CG Distdct on every lot adjacent to a street... 18 PAGE T~REE CHAPTER 30, CG - GENERAL COMMERCIAL DISTRICT (continued) APPLICANT: The submitted site plan indicates an existing front yard greater than 5 feet in depth. Section 30.065. Solar Access. For the purpose of providing solar access protection; development (including accessory structures and fences) shall not cast a shadow on the south wall or any solar access buildable area between the hours of 9 a.m. and 3 p.m. on December 21~' by the proposed structure APPLICANT: Shadow will not be cast on the South wall or any solar access buildable area between the hours of 9:00 a.m. and 3:00 p.m on December 21" by the proposed structure Section 30.070. Lot Area and Width. Buildings or strudures hereafter erected, altered, or enlarged and used wholly or partly for residential purposes in a CG District shall comply with the lot area and width requirements of an RM District, otherv'nse no other lot area requirements exist APPLICANT: There are no lot area and width requirements for the proposed structure or lot it occupies Section 30.090. Site Plan Review Required. Site Plan Review shall be recluired for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accordance with the provisions of Chapter 11. APPLICANT: Proposed structure is to be utilized as a veterinary clinic. Chapter 10. OFF-STREET PARKING AND LOADING REQUIREMENTS: Section 10.010. New and Existincl Facilities to Provide Parkin.q and Loadin.cj. Off-street automobile Parking areas and off-street loading areas as hereinafter set fodh shall be pruvided and maintained. APPLICANT: The proposed site allows for 20 parking stalls. Section 10.030. Location. Off-street parking and loading areas shall be provided on the same lot with the main building or structure or use except that: APPLICANT: The proposed site allows for two loading spaces size of 12 feet wide x 30 feet long each. Chapters: 12, ADJUSTMENTS: 13, VARIANCE PROCEDURES; AND, 14, CONDITIONAL USES. APPLICANT: The proposed structure is an outright allowed use on the subject site. No Adjustments, Variances or Conditional Uses are being requested at this time. If for any reason such are required, the Applicant will adjust the application as needed and provide the required supportive evidence. SIGNAGE: The proposed signage must comply with Woodburn Ordinance No. 2092. APPLICANT: The proposed free-standing sign is forty-eight square feet (8' wide x 6' tall)atop a 12 foot pole, for total height of 18 feet. It shall be placed on the southeast area of the site, outside the vision clearance area. It shall be supported by a pole and foundation supports meeting the requirements outlined in the State of Oregon Structural Specialty Code. Ordinance No. 2092, Section 11 (C)(1). A total of 2 signs per business...the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, whichever is greater. Section 11 (C) (5) & (6) Free-standing signs are limited to maximum height of 35 feet; maximum of 75 square feet in area. Section 11 (C) (7) A business fronting on an alley may have one wall or projecting sign attached to the building limited to 16 square feet. Section 11 (C) (9) Projecting signs are limited to a minimum of 32 square feet in area. Chapter 8, GENERAL STANDARDS Section 8.190. Vision Clearance. A triangular area at the street or highway corner of a corner lot, or the corner at any alley street intersection of a lot, the space being defined by a diagonal line across the corner between the points of the street's right-of-way lines measured from the corner. The vision clearance area for corner lots at street intersections 19 PAGEFOUR Chapter 8, GENERAL STANDARDS (continued) in said districts the vision clearance area for corner lots at street intersections shall have a minimum of 30-foot legs along each street and for alley street intem-----------------~ions in said districts tile vision clearance area shall not have legs of a minimum of ten feet along both alleys and streets. Tile vision clearance area shall not contain any planting, walls, structures, or temporaW or permanent obstructions to visions exceeding 30 inches in height above the curb level, or street shoulder where there is no curb, except a supporting pillar or post not greater than 12 inches in diameter or 12 inches on the diagonal of a rectangular pillar or post: and fudher, excepting those posts or suppoding members of street signs, street lights, and traffic control signs installed as directed by the Building Inspector, or any other sign erected for public safety Vision clearance shall not be required at a height of seven feet or more above tile curb level, or seven feet, six inches above the shoulder of a street that does not have a curb ~[ his section shall not be construed as waiving or delaying any yard requirements or setback requirements that my be required by this or any other ordinance APPLICANT: There is adequate vision clearance at the proposed development. See Site Plan shoW~ng the vision clearance triangles No planting, walls, structures, or temporary or permanent obstructions to vision exceeding 30 inches in height above the curb level or street shoulder along the driveway approach is proposed for this site development. END OF PROJECT NARRATIVE 2O FINAL ORDER CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · [AX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON SITE PLAN REVIEW 99-01 FINAL ORDER WHEREAS, a request was made for the Planning Commission to hear a proposal for the construction of a veterinary clinic consisting of a 4,278 square feet and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of April 8, 1999, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant and proponents and opponents of the proposal, and; WHEREAS, the Planning Commission closed the hearing, and kept the record open for written submissions until April 22, 1999, and then considered the record before it in its entirety; and; WHEREAS, the Planning Commission moved at their hearing of April 22, 1999 to approve Site Plan Review 99-01 and instructed staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission approves Site Plan Review 99-01 based on findings and conclusions contained in Exhibit A, and conditions of approval contained in Exhibit B which are attached hereto and by reference incorporated herein. Approved: ' ~,~airperso[~ / FINAL ORDER - SPR 99-01 21 EXHIBIT "A" FINDINGS AND CONCLUSIONS RELEVANT FACTS The site is located off of Evergreen Road between highway 214 and Stacy Allison. The property is identified as a portion of tax Lot 400 (Acct if 44075233), Township 5 South, Range 2 West, Section 12C. No conditional use application is required with this request for a veterinary hospital. The applicant has stated that occasionally pets are kept overnight and that less than three percent of business is attributed to boarding. Therefore, staff concurs that boarding of animals is subordinate to the hospital use. The applicant has recently received administrative approval of a lot line adjustment 99-01 WOODBURN ZONING ORDINANCE FINDINGS This section of the zoning ordinance does not address parking requirements for veterinary clinics. The applicant has provided parking based on a medical clinic. Based on 4,278 square feet and 10 employees 20 parking stalls are required and 20 parking stalls are proposed. Eight stalls are for compact cars. The applicant is proposing two loading spaces and access is via a shared private access from Lawson Avenue and Evergreen Road which already meets city standards. The proposed building is in conformance with current standards for setbacks. The surrounding properties to the south, east, west and north are commercial in nature. The proposed landscaping exceeds the minimum requirements for the commercial general district (see site plan). 48% of the area is proposed to be landscaped, 15% is required. The applicant has shown most of the required landscape elements. The parking lot and landscape strip adjacent to the street do not show the required trees. Evergreen Road is identified as a service collector in the transportation plan. The proposed use will be utilizing a private access easement that is shared with adjacent uses. FINDINGS & CONCLUSIONS - SPR 99-01 - Dr. Paradis 2 2 10. 11. 12. Storm drainage is not available to the site but can be made available. Public works staff has reviewed this proposal and offers two options to the applicant. Pedestrian and bicycle traffic can be accommodated through existing sidewalks adjacent to the structure. Bicycle racks (2) are proposed on site. This staff report has discussed the approval criteria as it related to site plan review. The applicant has provided substantial evidence that the proposed use is in conformity with the development requirements of this ordinance, or can meet the approval criteria with conditions of approval. No sanitary sewer is located adjacent to this new development site. The public works department has reviewed this situation and has offered two options to the applicant to connect to existing service. Various commercial uses, multi-family and other clinics are located in the immediate area. Out of all the allowed uses, this proposal is less intense than what could be allowed. The proposed free standing sign meets the sign ordinance standards. The sign adjacent to the Evergreen drive way has not been identified and the applicant has not shown any roof or wall sign on the building. The proposed use is allowed under Chapter 30 Commercial General District. The proposed structure meets the setback requirements. It is within the height limitation of the zone and there are no lot area or setback requirements for this zone. 23 FINDINGS & CONCLUSIONS - SPR 99-01 - Dr. Paradis EXHIBIT CONDITIONS OF APPROVAL 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Submit a landscaping and irrigation plan to the planning department for review. Provide required trees in parking lot and on property adjacent to street. Staff also recommends street trees in ROW adjacent to Evergreen Road to match what is in front of Super 8 Motel. 3. Submit sign plan to building department for approval and permit. 4. Approved backfiow devices may be required. 5. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, system development charges have been paid. 6. Prior to occupancy permit issuance, the applicant shall submit on set of reproducible as-builts. FINDINGS & CONCLUSIONS - SPR 99-O1 - Dr. Paradls 24 SITE PLAN REVIEW ANIMAL MEDICAL CLINIC EVERGREEN ROAD GENERAL CONDITIONS: Final plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. All city maintained facilities located on private property will require a minimum 16-foot wide utility easements to be conveyed to the city. This development shall not cause storm water runoffto be impounded on adjacent properties. A recorded copy of any required third party easements or agreements shall be provided to the city prior to any building permits being issued. All work shall conform to the City of Woodbum Standards and ail State Building Codes. STREET AND DRAINAGE: This development will utilize a private shared access from Lawson Avenue and Evergreen Road. This mutual non-exclusive access easement, signage and maintenance agreement, recorded in reel 1291, page 178 is subject to certain terms and conditions. It is the applicants responsibility to comply with them, the city's approval or comments do not pertain to this agreement. The existing city maintained storm sewer system on Evergreen Road ends approximately 120 south of this development. If grade is sufficient, the city system could be extended by the applicant in accordance with city standards to serve this site. The other option would be to utilize the existing private system serving the Super 8 Motel site and a portion of the proposed development site, this would require the proper agreements and/or easements between the affected property owners and would need to be recorded with Marion County. On-site storm runoff detention will be required in conformance with city standards. On-site catch basins shall be the pollution control type. 25 Co De WATER: Domestic and/or irrigation service can be provided from the existing water main on Evergreen Road. Proper baekflow prevention devices will be required and shall be located and installed in accordance with city standards. Water meters shall be placed within the Evergreen Road right-of-way. Additional fire hydrants and/or fire protection issues shall comply with the Woodburn Fire Districts conditions of approval. SANITARY SEWER: With the separation of this parcel from the parent parcel, MeDonalds tract, no sanitary sewer service is provided to it and in addition, no city maintained sanitary sewer is adjacent. The development will need to connect to the existing sanitary sewer main within State Highway 214 or the sewer main located at the intersection of Stacy Allison and Lawson Avenue. Private easements will be required to get to either location and a permit from the Oregon Department of Transportation would be required to utilize the city main within State Highway 214 right-of-way. See wastewater comments in regard to additional conditions of approval. 26 WOODB URN FII DISTRICT Preeention Dieision Site Plan Review Comments Memo To: Steve Goeckritz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 04/01/99 Facility/Project Name: Paradis Vet Clinic Location: Evergreen Rd. Occupancy Class: B A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Preliminary drawings would indicate acceptable access. B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage:. 5. Emergency Lighting: C. Fire jlo~v/ Water Supp~: Type II-N Building will be 1500 gpm Type V-N Building will be 1750 gpm If sprinkled the require flow will be that required for the sprinkler system design but not less than 1500 gpm. D. Hydrants: Non sprinkled building will require one hydrant. Adequate hydrants are present in the area. E. Sprinkler/FDC: If sprinkled the FDC for a sprinkler system will be located off of the building and at a location near a fire hydrant with the approval of the Fire District and City water department. 27 F. Alarm System: It' sprinkled, as required for monitoring of sprinkler system. G. Premise Identification: Markings and location to meet city standards. H. Special Occupancy Requirements: Fire extinguishers will be required. Extinguisher size and type and location to be approved by the Fire District prior to occupancy. Compressed Gases Storage including medical gases and use shall comply with Article 74 of the Uniform Fire Code. Criteria for storage depends upon quantity and location of cylinders. A room designated exclusively for medical gases is required as a minimum. I. Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Revie~v Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS ~ CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn, OIL 97071 (503) 982-2360 Fax (503) 981-5004 28 SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/ N O TES REQU EST DATE: '- '\~',~ ~ ~-~,t~iqc[ DEPARTMENT: CONTACT PERSON: Planning Department, 982-5246 APPLICANT: C),~.-,~c,.i~.,-c(4 TYPE OF PROJECT: PROJECT LOCATION: CONFERENCE '- ~'~ ~'~.~ PLACE: Conference Room Woodburn City Hall Date: , 1999 TIME: GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit Blank SPRPRE FORM 29 OPPONENTS GROUP April 6, 1999 Ms. Teresa Engeldingor Woodburn Community Development Department City of Woodburn 270 Montgomery Street. Woodburn, Oregon 97071 VIA FAX - 503-982-5244 Re: SPR-99-01 Proposed Veterinary Clinic Dear Ms. Engeldinger: I received a copy of the site plan for the proposed veterinaw clinic which would be located upon land immediately north of the Woodburn Super 8 Motel which is owned by The Peninsula Group LLC. As proposed, tho project couscs some very significont concerns for both Mr. LaPoint, owner of the service station to the west, and our company. The applicant, proposes to utilize the common Access Easement granted and governed by a Mutual Non-Exclusive Access Easement, Signage and Maintenance Agreement to which he is not a party. The agreement provides that a party to the agreement must give a minimum of 90 days notice to the other parties when granting a nght to a pady who is not a pady to the agreement. This has not been done Furthermore, the easement in question restricts the surface use to ingress and egress only and does not extend to parking. Parking stalls 1 through 12 as outlined on the site plan, while appearing to meet city code, will in fact and in pradice result in the use of the properly in a manner which is inconsistent with those listed in the agreement. That is, a part of the easement adjacent to the proposed parking stalls 1 - 12 will in fact be used for parking - because many 9ehicles today are of a greater length than 19 feet and will result in a podion of a parked vehicle extending into the easement area. Fud. hermore, if animals would be unloaded from the rear of a pickup or SlaV, the humans and the animals would be standing in the traffic lanes of the easement. The easement is heavily utilized at this time and any encroachment could drastically affect others using the easement, the safety of the general public and animals using the easement. Impeding flow of traffic in the easement has the potential for backing up traffic on the adjacent city streets. Finally, while it is unclear from the site plan which is currently in my possession it appears that the proposed storm sewer line aLta~hes to the line which was designed and installed to provide adequate storm water drainage fo'r the easement as it currently exists. As 3O April 6, 1999 Ms. Teresa Engeldinger Woodburn Community Development Department Page 2 designed, the proposal of the applicant will increase impervious surface area to be drained by the existing storm sewer by approximately 200 percent The applicant contacted our company asking for permission to hook up to the existing system. We in turn had our design engineer review the matter to see if the existing facility could handle the potential increase in volume. The response was that it could not, and the applicant was informed of tl~at determination by letter. In addition, the line that applicant seeks to attach to serves the storm collection system designed and installed by The Peninsula Group LLC as owners of the motel. The motel storm drainage was designed to and does connect to the easement drainage system, but this is not shown on the site plan. As such adding to the volume of water will result in flooding of the motel parking lot. In short - allowing the applicant to connect to any portion of the designed and existing storm water system has a potential to create an enormous negative impact on the existing easement owners Under the terms of Oregon Revised Statute 197, The Peninsula Group LLC requests that the hearing on this matter be continued until such time as the issues surrounding the use of the easement in question is resolved between the parties to the easement. Thank you for you consideration in this matter. Gerald L. Whitcomb Managing Member The Peninsula Group LLC Eno: Easement Document 31 MUTL)AL NON-EXCLUSIVE ACCESS EASEMENT, StGNAGE AND MAINTENANCE ~GREEMEN~ THIS MUTUAL NONEXCLUSIVE EASEMENT, SIGNAGE AND MAINTENANCE AGREEMENT (this "Agreement") is dated as of November 7, 1995 is entered into by and between ii) Peninsula Motel Associates, A Washington Limited Partnership (together with the successors and assigns and future owners of the Peninsula Property (defined below) herein referred to as "Peninsula"), (ii) Garry L. and Katherine M LaPoint, husband and wife (together with the successors and assigns and future owners of the LaPoint Property (defined below) herein referred to as "LaPoint") and (iii) McDonald's Corporation, a Delaware corporation (together with the successors and assigns and future owners of the McDonald's Property (defined below) herein referred to as "McDonalds"). R.ECITAL$ A. Peninsula ow,ns certain real property upon which a motel is anticipated to be constructed. Peninsula s real property is Iocatedin Marion County, Oregon, and is more ~articularlv described on Exhibit A attached hereto and incorporated herein by this refere'nce (the "~eninsula Property"). B. LaPoint owns certain real property upon which a Texaco brand gasoline and service station is anticipated to be constructed. LaPoint's real property is located in Marion County, Oregon, abuts the Peninsula Property and the McDonald's Property and is more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "LaPoint Property"). C. McDonald's owns certain real property upon which a restaurant has been constructed. McDonald's real property is located in Marion County, Oregon, abuts the Peninsu a Property and the LaPoint Property and is more particularly described on Exhibit C attached hereto and ncorporated herein by this reference (the "McDonald's Properly"). D. The parties desire to enter into this Agreement to create mutual ingress and egress easements benefiting and burdening the Peninsula Property, the LaPoint Property and the McDonald's Properly, as such area is included within the Peninsula Property, the LaPoint Property and the McDonald's Property and is legally described on Exhibit D hereto and generally outlined in yellow on Exhibit E hereto (herein, the "Easement Area") and to provide for the joint maintenance of such Easement Area. The Easement Area is 36 feet in width in total, with 18 feet located on the southerly boundary of the McDonald's Property and 18 feet located on the northerly boundaries of the Peninsula Property and the LaPoint Property. E. This Agreement also %ets forth ii) LaPoint's agreement to allow tho construction on the LaPoint Property of a directional sign indicating the operations occurring on the Peninsula Properly (and the ability of employees, guests, customers, invitees and others to gain access to such propedies through the Easement Area) which is to be located in the general area indicated in green on Exhibit E hereto (as the precise location thereof shall be determined by LaPoint, the "Texaco Sign Area") and (ii) Peninsuta's agreement to allow the construction on the Peninsula Property of a directional sign indicating the o~_~_rations occurring on the LaPoint Property and the McDonald's Property (ancl the ability of employees, agents, guests, licensees, tenants, 32 customers, invitees and others to gain access to such properties through the Easement Area) which is to be located in the general area indicated in red on Exhibit E hereto (as the precise location thereof shall be determined by Peninsula, the "Super 8 Sign Area"). Neither the Texaco Sign Area nor the Super 8 Sign Area is located within the Easement Area. NOW, THEREFORE, it is agreed as follows: AGREEME N__T_T $1~CTION 1. EASEMEhiTS 1.1. Grant of Inqress and E.qress Easement Benefitin,q the Propedies. Subject ' this Agreement, Peninsula, McDo[~ald's and to, and in ac.F_.ordance with, the terms of "Owner"), each as to their interest in LaPoint (each individually referred to herein as an the Peninsula Properly, the McDonald's Properly and the LaPoint Property, respectively (each of such propertierSe,~efaesrrt~de ,!¢rohpeer~i~s,,~,Shear n collectivel referred to her' .......... ' ...... '-~-~;' ".f the Y ....... ,,-;* A,',reement teach a L~rantee ,i TOr ~nto th,.e ome_r_p~ ,. ...... ~- c-~ontees a oeroetual, non-exclusive easement Tor !ngress Fropentes ow. nee u,y ..uy,, ,..,._..,.. -AL';~,,~'-,~ ~f=~i,' v each Grantee their employees, and egress tot pedestrian ane v~u~.u,-,, .. ..... b¢ agents, guests, licensees, tenants, customers, invitees and others (the "Ingress and Egress Easement") over, along, across, in and through the portions of such Owner's Property included within the Easement Area, and for no other purpose without the consent of all of the then current owners of the Properties. Pavln , Curbs, ~idewalks and Landscaping The initial planning and 1.2. Initial - ' 'q' · ...... ,- ..... ;,-,,-, curbs sidewalks and landscaping of ervision and cost for construct on u~ t,~ ~,=,,,,,~,..... '- ,-, ' - ---' '~"'^ -~ "uch ~Pd within the Easement Area shall be the respons,D,l,ty of i-'enlnsu a anu costs tO be shared in proportion as the Peninsula Properly (in the case of Peninsula) and the LaPoint Property (in the case of LaPoint) bears to the total of the Peninsula Property and the LaPoint Property included within the Easement Area· a'ntenance of Easement Are~ 'fine costs of and expenses of maintaining 1.3,: _:M_ ~.~ ,,sefulness of the Easement Area (such costs referred to herein as the c eanllnr~55 ~,,~ u ' the "Maintenance Expenditures") shall be shared among the Owners in equal one-third e decision as to whether to incur a Maintenance Expenditure may ll3rd) proportions..T.h ........... ~wnc. rs which decision shall be binding upon ~e made by a m.a. jom..y o1' two.of !?__u_,=,~.~.%~"~jr~er of the Owners may also select one any non-consenting uwner, bucn m~juH~y., Owner to supervise the contractor performing the maintenance work. If any Owner wner's a propriate share of the Maintenance Expenditure (a refuses to p_ay s~u,.ch O ~ t~ .......... ch Defaultinn Owner's share thereof shall ,,Defaultin9 owner' ), any ~wner ..v~. ~ p,~¥* o,-, ~, · have a rial g ............ l *~.~rpnn t the lesser o~ ,:,. ~o y=. ,~:,, '.'¢.',". ~'._'_ sh~re thereof, logeme. _ . ,, ,~.~ n,,feult n~ Owner is not. reimbursed w~tn~n maximum rate allowea Dy law. . ~H~ ~,~ · · · co,ts the Owner which pays the Defaulting Owner's shere (30 days of bdhng fer ~ .... , .... -,- ~,,~,~,, for such 8mount to be reimbursed sh)a~l have a lien on. the u.e.fau.?ng,~_w,n,~'..~, L,,,~,~),.~f,~uJtinn Owner owes the other Owner by recording an jRstrument to the enect u~,~ u~o ,-,~. ,~ McDonald,; LaPoint; Peninsula Easement wdc~/opt/wbnea~l doc 33 money under this Section 1.3 which lien may be foreclosed in the manner by which mortgages are foreclosed in Marion County, Oregon. 1.4. Limitations. Each Owner shall each have the right from time to time to reasonably limit the use of the Ingress and Egress Easement physically included in such Owner's Property in connection with any redevelopment of such Owner's Property, as may be necessary to effect improvements, repairs or alterations to such Owner's Property, or for emergency purposes, provided, howev.er, that such limitations and changes do not materially impair or reduce the ingress, egress and access rights granted the other Owners herein, and provided, further, however, that any Owner desiring to alter the Easement Area or to make any physica~ change thereto shall provide the other Owners with 90 days notice of such Owner's desire to do so, together with specific plans and specifications therefor, in advance of taking any action to implement such change. SF,_CTION 2. SIGNAGE 2.1 Definitions and Miscellaneous. As used in this Section 2, the term "Cabinet" shall refer to the physical structure erected and maintained on the Texaco Sign Area or the Super 8 Sign Area, as applicable, upon which may be placed a "Sign Face" indicating the nature of the business being operated on the Peninsula Property (in the case of the Texaco Sign Area) and the Texaco Property and the McDonald's Property (in the case of the Super 8 Sign Area). Each Sign Face shall be designed, maintained and replaced by the owner of the Property which business is being advertised on the sign. For example, the Sign Face on the Cabinet located in the Super 8 Sign Area which advertises McDonald's current activities on the McDonald's Property shall be designed and maintained by McDonalds and in the event the nature of the business on the McDonald's Property changes, the Sign Face may be changed by the then owner of the McDonald's Property to advertise the new business operated thereon. 2.2 Cost of Erection, Maintenance and Electricity. 2.2.1 Texaco Sign Area. The signage on the Texaco Sign Area shall be subject to the following: The Cabinet shall be erected at the sole cost and expense of Peninsula and shall be maintained at the sole cost of LaPoint and LaPoint shall pay for all electricity necessary or appropriate to ensure that the Cabinet is lighted at ail times. 2.2.2 Super 8 Sign Area. The signage on the Super 8 Sign Area shall be sut>iect to the following: The Cabinet~ shall be erected at the sole cost and expense of Peninsula and LaPoint (in equal shares) and shall be maintained at the sole cost of Peninsula and Peninsula shall pay for all electricity necessary or appropriate to ensure that the Cabinet is lighted at all times. 2.2.3 Alterations. The Cabinets shall not be structurally altered without the prior written consent of the then current owners of the Peninsula Property, the LaPoint Property and the McDonal-d~ Property. 2.2.4 Compliance With Laws. Notwithstanding anything to the contrary contained herein, LaPoint (with respect to the signage on the Texaco Sign Area) and McDonalds; LaPoint; Peninsula Easement wdcs/optJwbnea$1 .doe 34 Peninsula (with respect to the signage on the Super 8 Stgn Area) may take whatever actions are required by law to cause such signage to remain in compliance with all laws and applicable governmental regulations. SEOTION $. MISCELLANEOUS 3.1. ~ Uses_. Each Owner reserves the right to grant to others, subject to the prior written approval of the other Owners being previously obtainedwhich approval shall not be unreasonably withheld or delayed, easements over such Owner's respective Property, including areas included within the Easement Area, and to engage in and grant to others the right to any use of their respective Property which is not inconsistent with the enjoyment of the other Owner's rights granted herein, provided, howeve¢, that any Owner desiring to grant such rights shall provide the other Owners with 90 days notice of such Owner's desire to do so in advance of taking any action to grant such rights. . Successors. The rights and burdens herein granted, and the duties hereby impose3d,2sha~l--~with the land constituting the Propedies and shall inure to the benefit of and be binding upon the respective successors and assigns of each Owner and the successors to ownership of the Properties. 3.3. 'rifle. Each Owner represents to each other Owner that nothing in the granting of th-~--~sements described herein or the assumption of the burdens set forth herein results in a breach of any covenant or agreement binding upon such Owner's Property, and further warrants that no third party has any right to avoid, foreclose or otherwise challenge or disturb the rights granted the other Owners herein. Each Owner acknowledges that it has obtained subordination or nondisturbance or agreements of similar import acknowledging and accepting the rights granted the other Owners herein. ices Not ces under this Agreement shall be malted to the mailing 3.4. Notices. · - -, ,,-^ '~-,-,,,edies and shall be deemed the business then operated on any u~ address of mailed, upon the third day following deposit thereof in the United States effective, if mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given and, in addition, with respect to McDonalds, notice shall likewise be given as follows: "McDonald's Corporation, Location Code 036-0042, McDonald's Plaza, Oak Brook, IL 60521, Attn: Director Real Estate/Legal". Either party may change the address to which notices may be given by giving notice as above provided. 3.5. ~. This document may be recorded by any Owner. DATED as of the day and year first above written. Peninsula Motel Associates, A Wasdington Limited Partnership McDonalds; LaPoint; peninsula Easement wdcslopt/wSneas I .doc 35 By: The Peninsula Group Incorporated General Padner B · /Lawrence -lb-7 Knudsen Executive Vice President McDonald's Corporation .~;aKry L. LaPo nt ~Kath~rine M. LaPoint McDonalds; LaPoint; Peninsula Easement wdcs/opt,~bnear, l doc 36 7515 Terminal Street, Tumwater, Washington 98502 Phone: 360-943-800 Fax: 360-g43-8770 APR 0.9 1999 / Re: SPR-g9~l Proposed VeL Clinic ~C; Gerald L. Whitcomb Tuesday, April 0~, 1999 [] Ur~jent XX For Review [] Please Comment F1 P~eaee Reply [3 Please Recycle Dear Ms. Engeldinger Attached you will find my comment letter regarding the proposed site plan for the new veterinary clinic. In light of the fact that the applicant is not a party to the Easement Documents - we are asking that the matter be continued until such time as we are able to work with the applicant and settle the issues raised. Please insure that our letter is read into the minutes of the meeting. Th~,.? you for your assistance in this matter. // Gerald L. Whitcomb, Mgr. The Peninsula Group LLC 37 7515 Terminal Street, Turnwater, Washington 98502 Phone:360-943-800 Fax:360-943-8770 To: Tcresa £ngetdinger _ Fax: 503-9§2-5244 Phone: 503982-5251 Re: SPR 99-01 Vet Clinic CC: XX~ Urgent From: Gerald L. Whitcomb r'age~: 1 Of 1 O~te~ Monday~ April t20 t999 Dear Ms. Engeldinger -fhank you for the information relaying the fact that my letter to the planning commission dated April 7"~, 1999 was not entered into the record as per my request. I am requesting that the same be entered into the record immediately as I understand that the record was to remain open for a period of seven days pursuant to statute. In addition, I am requesting that a copy of any additional information entered into the record be transmitted tome at the above noted fax number or address. In the event that additional information from the applicant or other interested parties is entered into the record I request that 1 be so notified and that the record remain open in order to allow a response on behalf of The Peninsula Group LLC, the successor in interest by law of merger to Whitcomb Family LLC & Peninsula Motel Associates, LP. Thank you for your consideration in this matter Gerald L Whitcomb, President T he Peninsula Group LLC 38 Garry L. LaPoint LaPoint Business Group d.b.a. Exxon of Woodburn 850 Laxvson Ave. Woodburn, Oregon 9707 April 6, 1999 City of Woodburn 270 Montgomery St. Woodburn, Oregon 97071 Subject: SPR - 9%01 Proposed Veterinary Clinic In reviewing the proposed site plan it has raised some concerns as follows: Easement Agreement between McDonald's Corporation, Peninsula Motel Association, and Garry and Katherine LaPoint needs to be addressed. I am not sure if the easement allows any access to the easement road by the proposed site. Some of the concerns are addressed in 1.1, 1.3, 1.4, 3.1, 3.2, and 3.3 of the Mutual Non-exclusive Access Easement, Signage and Maintenance Agreement dated November 1995. I disagree with the proposed storm/sewer line cutting our new pavement_ Water run off from the parking stalls #1 through #12 onto the easement roadway. Super g and Exxon were required to install storm water retention on site. Proposed nineteen (19') foot parking stalls on south side adjacent to easement access road. a) First Solution: Stalls #1 through #12 need to be accessed by the ingress and egress onto the easement road that is used by stalls #13 through #20. This would be consistent with the ingress and egress allowed the Super 8 and Exxon under 1.1 of the agreement and exhibit 'E". This would also mitigate any further congestion and the safety issue it creates when vehicles could extend into the easement roadway. b) Second Solution: The proposed site plm~ raises a safety concern with the nineteen foot (19') depth of the parking stalls to adequately handle full size vehicles i.e. vans, surburbans, pickup trucks, etc. and not be in the easement area when parked. An increase of five (5') feet to these parking stalls would assure the), would not block or cause unfettered access on the easement road which is the intent of the easement agreement under 1.1. The easement agreement needs to be addressed for this "second solution" to be considered. Angle parking might be considered also. c) The ingress and egress shown in exhibit "E" clearly show the intent of this agreement. The original proposal was to increase the truck parking area and control the ingress and egress for the Super 8 and Exxon onto the easement road. The sale of the portion of land by McDonald's does alter the original agreement and is subject to (1.1) "consent of all the then current owners of the Properties". I object to the proposal to ~ the easemen~ agreement for i~ mall WP¢ parking arrangement. d) 3.1 Compatible Uses: This clearly states "is not inconsistent with the enjoyment of the other Owner's rights granted herein" and that 90 days notice must be given. It is normal for most developments that have multiple businesses to have easy and safe access by sidewalks for pedestrian traffic. I anticipate pedestrians to walk on the north side of thc easement. If thc sidewalk that attaches from the proposed site to Evergreen Rd. was extendcd through thc landscape area and parking stalls #]3 & #14, this would keep the pedestrian traffic off thc busy easement road. It would also allow the b/cycle traffic easier access to the proposed bike stalls. I can l~ot atlcnd this meeting due to a pre,,ious commitment I do not want to 195_g. /:~ rights I~ ~xo_tL~ issues that may not be addressed in this letter. To protect the applicant, the easement needs to be addressed b) all tile parties invol~ed. I ask for a continuance to resolve the issues in this letter along with thc cascmcnt agrccmcnt and other issues Mr. Gerald Withcomb of Super 8 has addressed '~ ~arr.v k. LaPom: 4O Garry L. LaPoint La. Point Business Group db.a. Exxon of Woodburn 850 Lawson Ave. \\:oodburn, Oregon 97071 .April 13, 1999 Steve Goeckritz Planning Director Ci~ of Woodburn 270 Montgome~ St. \Voodburn, Oregon 97071 Subject: SPR - 99-01 Proposed Veterinary. Clinic Dear Steve: I received a cop)' of Mr. Engle's letter of April ?, 1999_ Although he has made statements as to th= casement not being an issue, this may or may not be true My only point was to make sure Dr. Paradis would not have a problem with the easement that was not addressed prior to him continuing through the process for permitting. My major concern is the parking stalls adjacent to the easement road, sta[ls # 1 - #12. As I stated in my last letter, the depth of these stalls will not allow a regular pickup truck or any other full size vehicle to fold down the tail gate or open their doors without being in the traffic flow of the easement road. The proposed parking stalls will have people and animals in the traffic flow area of the roadway which is dangerous for everyone concerned. I believe the customers that will patronize this clinic need a safe place to unload their pets and proceed out of harms way. Adjacent to this clinic is a truck parking area that is used day and night by very, large semi trucks, RV's with trailers, and buses, th-*t need more room to maneuver in a parking type area like this. Proper design now will assure a safe and user friendly parking area for everyone. Animals, even if on a lease, and people would be in danger on any roadway xvith the above tspe of vehicular traffic. I it is not my intent to hold this development up but I know from experience it is better to make the proper decision on paper nov,, then to attempt to make them after construction. I talked with Dr. Paradis and had a chance to here his future plans for expansion and he listen to my concerns with the present site plan. It is now my hope that everyone will stan4 back, look a little closer, and figure a safe alternative for this newly proposed development. ~ 1999 -..- Gh' ;!.,.i Y .. :-,. !-'.:ZP-f 41 May-04-99 02: b2F~ ANIMAL MLUIt~NL_ L-L . GarO' L. LaPoint LaPoin! Business Group d.b.a. Exxon of Woodbum 850 Lawson Ave. Woodburn, Oregon 97071 April 29, 1999 Steve Goeckritz Planning Director CiD' of Woodburn 270 Montgomery St. Woodburn Oregon 9-/{)71 Subject: SPR - 99-01 Proposed Velerinar>' Clinic Dear Steve, This lener ~s to appeal the planning commission decision that approved the referenced site plan. The planning commission has failed to address the issues raised in the letlers listed below This site plan should not have been approved as submitted. The city council ,.,,,ill need to address the easement tssucs and the drainage issues before approving the present site plan. Thc terms oflhe easement must be followed and the site plan musl be in accordance with the terms in the easement. April 6, 1999 April 13, 1999 April 6, 1999 GAFF>' L. LaPoint Garry L. LaPoint Gerald Whitcomb d.b.a. Exxon of Woodburn, LI..C d.b.a. Exxon of Woodburn, L d.b.a. The Peninsula Group, L.LC. The easement issues have not been addressed covered by (1.i) oftheMutuaINon-ExclusiveAccess Easement, Signagc, and Maintcnsncc Agreement to which he is not a part5'. It clearly states for ingress and egress onl>. This docs not extend to parking. It is my understanding there is case la~ to confiml this. The agreement provides that a party, of this agreement must give 90 days notice. I'his has not been done. The satkxv issues were only raised to point out the reason in the easement agreement (I. 1 ) only allows for ingress and egress and does not extend to parking as explained in Mr. '~kq*titcomb letter. The applicant has requested permission to hook up to the existing storm/sewer system that was denied by The Peninsula Group, L.L.C. as explained in Mr. Whitcomb teeter. Please den)' the present site plan as approved by the planning commission unlil such time the above issues can be resolved and a site plan submitted thal is consistent with the o~her parties of lhe easement. S,=er ly, /57,/' / / 42 PROPONENTS ROBERT L. ENGLE KIRK A. SCHMIDTMAN ENGLE & SCHMIDTMAN ATTORNEYS AT LAW NORTHWOOD OFFICE PARK -610 GLATT CIRCLE WOODBURN, OR 97071 HAROLD A. EICHSTEADT RETIRED 1990 April 7, 1999 Steve Goeckritz Planning Director City of Woodburn 270 Montgomery Woodburn, OR 97071 Dr. Patrick L. Paradis Site Plan Review No. 99-01 TELEPHONE (503) 981-0155 FAX (503) 981-O158 Dear Steve: In confirmation of my telephone call to you of Wednesday, April 7th I do wish to address the April 6, 199~1 letter of Mr. Garry L. LaPoint, the owner of the Exxon station. As you are aware, the Exxon station, the motel and the Paradis property (formerly owned by McDonald's) share a mutual ingress and egress easement 36 feet in width, 18 feet of which is on the McDonald's property and 18 feet of which is on the motel and Exxon property. The fights and obligations of the easement holders are clearly described in a Mutual Non-Exclusive Access Easement, Signage and Maintenance Agreement dated February 16, 1996 which is recorded in the Marion County Records. Dr. Paradis very much hopes that the Planning Commission will accept the staff recommendations and grant site review approval subject to the conditions set forth in the staff report at the April 8th meeting. Dr. Paradis and I do not believe that any of the concerns evidenced by Mr. LaPoint should result in a delay of the Planning Commission's decision and action on that night. Since neither Mr. l.aPoint nor I will be at the hearing, you have asked that I address the issues set forth in Mr. LaPoint's letter. 1. In Paragraph 1 of Mr. LaPoint's letter, he states that he is "not sure if the easement allows any access to the easement road by the proposed site." I can assure you that the February 16, 1996 Easement Agreement directly and clearly grants access from the easement road to Dr. Paradis property. That was the whole purpose of the Easement Agreement. 2. Paragraph 1 of Mr. LaPoint's letter also raises unspecified concerns with the provisions of Sections 1.4, 3.1, 3.2 and 3.3 of the Easement Agreement. 43 o (a) Section 1.4 of the Easement Agreement requires anyone of the three owners who are in the process of developing their own property to consider the other owners needs with respect to the easement during the process of construction and development and to provide the other owners with prior notice of their development plans. Dr. Paradis intends to honor that provision and the required notice has been given as is evidenced by Mr. LaPoint's response. None of the language contained in 1.4 is grounds to delay approval of the site plan review application. (b) Section 3.1 permits anyone of the three easement owners to grant rights in the easement to a fourth party after due notice to the other easement owners and subject to obtaining their consent. Section 3.1 does not apply to the present site plan review application since Dr. Paradis is not planning to grant rights and easements to any fourth parcel of property. (c) Section 3.2 states that the rights and burdens of the easement are not personal to the parties signing the Easement Agreement but follow ownership of the land even with regard to successive owners. Dr. Paradis purchase of the McDonald property from McDonald's will make him subject to all of the rights and burdens of the Easement Agreement. Nothing contained in Section 3.2 should delay site plan approval. (d) Section 3.3 simply states that the owners who sign the Easement Agreement had the right to do so at the time that the Easement Agreement was signed. Nothing contained in Section 3.3 are grounds for a delay in the approval of the site plan review. The concerns evidenced by Mr. LaPoint in Paragraphs 2 and 3 of his letter are not issues addressed by any of the language in the Easement Agreement. Mr. LaPoint's Paragraphs 2 and 3 raise questions about access to the parking spaces and the need for sidewalks. Although the Planning Commission may certainly elect to address those concerns, they are issues which are discretionary to the Planning Commission and have nothing to do with the Easement Agreement. Those issues should not be a cause for delay in the Planning Commission's decision. I am attaching to this letter a copy of Mr. LaPoint's April 6, 1999 letter and a copy of the recorded  Agreement which applies to the three properties. ,//l'lease 7~mit this information to the Planning Commission on behalf of D?. Paradis. RL[/ld" Encl6s,~e icc: Dr.~Pa(rick Paradis Garry LaPoint 44 $1'~: - ~-01 l'rOposx[ V~ria~y Clinic In reviewing tl~ ptopos~ sit~ pl~ iih~ r~xf ~omc con~rn,~ ~s follows: 45 MUTUAL NON-EXCL_U_S. IVE AC.CESS EASEMENT, SIGNAGE A. ND M~I~E~CE THIS MUTUAL NON-EXCLUSIVE EASEMENT, SIGNAGE AND MAINTENANCE AGREEMENT (this ';agreement") is date(t as of November 7, 1995 is entered into by and between (i) Peninsula Motel Associates, A Washington Limited Partnership (together with the succes~m and assigns and future owrtefs of the Pen' .ol~-ula Property (defined below) herein referred to as "Peninsula"), (ii) Gan'y L and Katherine M. LaPoint, husband and wife (toge~ wi~ the successors and assigns and future owners of the LaPoint Property (defined below) herein referred to as "LaPoinO and (iii) McDonalcrs _Corporation, a Delaware corporation (together with the succe~,~rs and assigns and future owners of ~ McDonald's Property (defi~ below) herein referred to as "McDonalds"). RECITALS A Penins[~ ~ certain real properly upon Which a motel is anticipated to be consmJcted. Peninsula s rea_l property is located in Marion County; Oregon, and is more pat'ticutafly described on Exhibit A attached hereto and inco~oreted herein by this reference (the "Penir~ula Property"). .' ' B. LaPoinl owns certain real property upon which a Texaco brand gasoline and service station is anticipated to be constructed. LaPoint's real proper~ is located in Marion County, Oregon, abuts the Peninsula Property and the McDonald's Property and is more particularly described on Exhibit B attached hereto and incorporated herein by · this reference (the "LaPotnt PmPeff30. C. McDonalCs owns certain real property upon which a ~nt has been constructed. McDonald's real prope~y is located in Marion County, Oregon, abu*,s Peninsula Property and the LaPoint Property and is more particularly described on Exhibit C attached hereto and incoq0orated herein by this reference (the "McDonald's Property"). D. The parties de, sim to enter into this Agreement to' create mutual ingress and egress easements bener~ng and burdening the Peninsula Property, the LaPoint Property and the McDonaJd's Property, as' such area is includel:l within the Peninsula Property, the LaPoint Property and the McOonalCs Property and is legally described on Exhib~ O here{o ard generally outlined in yellow on Exhibit .E hereto (herein, the ' "Easement Ama") and to i~'ovide ,fi3r the joint maintenance of such Easement Area. The Easeme~ Area is 3E- feet in width m to~i, with 18 feet located on the southerly boundary. of the 'McDonald's Property and 18 feet located on the no~-~rly boundaries of the Peninsula Property and ~ LaPoint-Propelly. F_ This Agreement also sets forth (i) LaPoint'$ agreement to allow, the cor~. 'on on th~ LaPoint Property of a dicectional sign indicating the operations occumng ~ the Perunsula Property (and the ability of employees, guests, customer~, invitees and others to gain access t.o such .l~Ope~ through the' Euernent Area) which is to be located in the general area green on E' hereto (as the precise location thereof ~"~all be determined by,~,~.~P~oi~..~ the "Texaco. Sign Area") and (Ii) Peninsula's agreem~ to a{1ow thew,,-,,,,,.,,,.,,' on the Peninsula Property of a di~i sign indimating the operations occurring on the LaPoint Property and the McOo~lcrs Prope~- (and the ebitity of employees, agents, guests, licensees, tenants, 46 customers, inv~tees ~nd others to gain access to. su..ch pr?peslj~ithm_~..th.e Easement Area) which is to be ~ocated in the general area ~nchcated aq rea on r. xnion t: hereto (as the precise location thereof shall be determined by Peninsula,' the "Sup~..r .8. Sig_.n Area"). Neither the TeXacO ~.ign Area nor the Super 8 Sign ~.ea is located within me ~asement Area. NOW, THEREFQRE, it is agreed as follows: AGREEMENT S ECTION~I,.__EASE&IIENTS 1.1. Gra~ oi~ Ingress end E~ress Easemeq, t; I~enefitinc~ the Ptope.rties, ~ubjec~. to, and in ac~n-dance with, the ten'ns of this Agreement, Peninsula, McDonald $ ano LaPoint (each individually referred to herein as an "Owner"), .ea..ch_as to .their inter~.. the Peninsula Property, the McDonalcrs Property and ~ LaPm,nt' Pt'operty, respects.ely (each of such pro.pe~, es .referred t~o here.? ,_as a .Pro~. aria. such .properfi.es cOllectively referred .to n~rem.as the -'r'ropert~es'), ~ g.ra .n~_ ;f~cor~e s, ar~,.~.n, ts unto the other parties to th~s Agreement (each a '~rantee') me oenen[ o~ me and egress for.veheul. ar tr c. b.¥ agents, guests, licensees, tenams, customers, mvm~es ano om~.. [me m.g?s. Property included wffiiin me t:asement Area, ano tot no omer purpose wrd3ou~ me consent of ail of the t..qen current owners of the Properties. ' 1.2. Initia! .P_avin,ci. Curbs, Sicle__wa. lks and Land.sc~_ ~3ino. The' init'.~.l ptarlnin~ and. and within the Easement Area shall be the respond,m/o~ yemnsum a~f pLea.t'o~., such costs to be shared in proportion as me Pe?insula Property (m .the...case_o yen~s~_ta) a,nd the LaPoint Property (in the case of LaPo~nt) bears to the tota~ ot me ~enmsu a e, mperty and the LaPoint Property included within the Easement Area_ 1.3. Mai .nt~ of Easement Area The costs of ancl expenses of maintaining the cleanliness and usefulness of the Easement Ama (such cOsts referred to herein as the "Maintenance Expenditures") shall be shared among the Owners in equal_~ne4hirct ~l/3rd~ om~3rti~ The derision as to whether to incur a Maintenance Expencl~ may by a majority of two of the ttT'. e~,- Owners, which de~sion sha~l be, bindi.ng .upon -any non-consenting Owner. Such ma~omy in. number of ~e uwners rna,), aL.so see_ct one refuses to ~y such C)wn~s appropriate share of the Maintenance Expend~ (a "Defau~ng~),. . ,~_arty Owner which pays such Defaulting Owner's share thereof sl~all have a claim again,,: ~e Defaulting Owne~ for the amount Of the Defaulting Owner's slqa~e thereof, together with interest thereon at the les .ser of. 24.% per annum ~ max~um rate allow~ bY law, If the Defaulti.n~ .Owner ~ not_ m. im~...urse~_ w~.ln .m~rty (30) days of billing for its costs, the_ Owner~cn. ~ me. uetat~.m.g ,uwne?.s~ _sr~a?e. shall have a lien on the Defaulting u,,,ner's f~mperty ~or s_u~ amount tO. De r?mo..urse~ by recording an instrument to the effect that the Defaulting Owner owes the other uwne~ McDonalcts; LaPoint; Pe~insuta Easement 47 money under this St~-tion. 1.3 whic~ lien rosy be foreclosed in the manner by which mortgages are foreclosed in Marion County, Oregon. 1.4. Limitatiq~..s. · Each .Owner shall each have the fight from time to time to reasona~y limit the use of the Ingress and Egress Easement physically included in such Owner's Proper,b/in connectionwith any reOevelopment of such Owneds Property, as may be necessary to effect im~ovements, rel3airs or alterations to such Owner's Property, or for e~e~. pur~o, ses, provided, however, that such limitations and changes do not ma~tedally .,'npe?' er reduce the ingress, .egress and. access rights granted the other ,Jwr~rs hereIn, and provided, further, however, ti'mt, any Owner e'dng to alter the ,.F~. sement Area pr to _make an), physical ca~nge thereto shall provide ._o[her.Owners w~th .9.0 .~.ys notice of .such Owner's a..e.?im to do .so,'togethe~ with specie ptans and specifi~ therefor, mn advance of taking any action to implement SECTION 2. $_IG_NAGE * see ]'ase 3* , 2.1 Definitions and Miscellaneous. As used in this Section 2, the tern 'Cabinet" shall refer to the physical structure erected and maintained on the Texac~r- Sign ,,Ar._e~: or the Super 8 Sign Ama, as applicable, upon which may be placed a "Sic~n Face' indicating the nature of the busi~ being operated on the Peninsula Property the case .of .the Texaco Sign Area) and the Texaco Property and the McDonald's P .ro~.. (,m me, ~ of ~ S ..t.~er 8 Sign Area). Each Sign Face ~,hall be designecl, ma, ln~...me? an.? ml?~_<~_ oy me...o.~.ner_.of _the Property_ .w~.ich. busin..e~ is being ..a .?-a~ .s.s.s.s.s.s.s.s.s? on .me. s~gn.. ~-.or exam~e, me ~gn i-ace ~.t..he uabmet located m the Super ~ ~mgn Area which actvertises McDonald's current activities on the McDonald's Prooerty shall be designed and maintained by McDonalds and in the event the nature c~ th~ bl~nUSiness on ~.e ~l.d'.s Property. changes, , the Sign Face .may be changed by the owner ot me MC. Uonat~s Property to advertise the new business operatecl thereon. 2.2 Cost of F. mctior~ Maintenance aha Electricity. 2.2.1 '[.'exaco Sign Area. The signage on the Texaco Sign Area shall be subject to the following: The Cabinet shall be erected at the sole cost and expense of Peninsula and shall 13e maintained at the sole cost of LaPoint and LaPoint shall pay for all electricity ~ or appropriate to ensure that the Cabinet is lighted at all times. 2.2.2 Super_8 Sign Area. The $ignage on the Super 8 Sign Area shall be subject to the follow~ng: The Cabinet shall be erected at the sole cost and expense of Peninsula and LaPoint (in equal shares) and shall be maintained at the sole cost' of. Peninsula and Peninsula shall pay for ell electridty necessary or appropriate to ensure that the Cabinet is li.c~ffed at all ames. 2.2_3 Alterations. The Cabinets st"mil r,,ot be structurally altered without the prior written consent of ~e then current owners of the Peninsula Prop~, the LaPoint Property and the McDonald's Property. 2.2.4 Compliance W'~ Laws. Notwithstancling a3. ything to the contrary contained hereto, L~Point (with. respect to the signage on the Texaco Sign Area) and McDonalcls; LaPOint; Peninsula Easement 48 l'eninsul~ atto ~ants Io J~Jd~a~d'$ aa exclusive, perpetual easement appm~3Ant to [he Me. Do~tld'$ prop~ for th~' inst~llati(m of a si~n f~ce on tl~e clbinet ere~ed &nd m~t~,ine(i on 'the Penh~sule pn~efl~ i~ ~e ~eneral a~ea indl~ in red on ~ £ attached hereto. 4.9 Peninsula (witt~ respect to the signage on the Super 8 Sign Area) may take whatever actions are. required by law to cause such signage to remain in compliance with ali laws and applicable governmental regulations. SECTiOH_3,., MISCELLANEOUS 3. I. CompS, i~e~s.,~s. Each Owner reserves the right to grant to others, subject to the prior written approval of the other Owners being previously obtair~d which approval shaft not be unreasonably withheld or delayed, easements over =u~ Owner's respective Property, including areas included within the Easement Area, and to engage in and grant to others the fight to any use of l~eir respective Property which is not-inconsistent with the enjoyment of the other Owner's ngl~s granted herein, pm._v, idect, h .owever, that any Owner desiring to gram such rights shall provide the other Owners with 90 days notice of such Owner's desire to do.so in advance of taldng any action to grant such rights. 3.2, Succes~..~;~... The dghts .a..nd burdens herei,n granted, and. the clutie~ hereby knposed, shall run wtth the land constituting the Pro~ and shall tnure to the benefit of and be bincfu~ upon the respective successors and assigns of each Owner and me sucx~,ssors to owr~=mttip of the Properties. 3.3. Title. Each Owner represe~ to each otter Owner that nothing in the granting of the easements described herein or. the assumption .of the burdens Set forth herein results in a bead] of any covenant or agreement bi.n~, lng upon suc~ Owner's Property, and further ~ants ,that. no third party has any~ right to avo. ld, foreclose Or ~ chaJlonge or d~sturb the rights granted the eld'er Ownef~. herren. Each Owner ac~nowleclges ti-mt it has obtained subordination or nondmtu~ance or agreements of 'similar Import ac..knc~4edging and a___~ng the rights granted the other Owners herein. 3.4. Notices. Notices under this Agreement shall be mailed tO the mailing address of the busin~ss then operated on any of the Properties and shall be deemed effective, '.g mailed, uppn. ~ third day.following .d. epo~ them.of.in the Unit, ed States minis, postage ~,d, certified or registered raad. return receipt _mq_uesteo, or upon delivery thereof if otherwise giver~ and, in addition, with respect'to McDonalds,.*notice shall likewise be giv~ as follows: ~'McDonalcr$ C .orpo~_tion, Location Code 0.36-0042, McDonalcr$ Plaza, Oak Brook, IL 60521, Attn: Director Real Estate/Legal". Either party may change the address to which notices may be given by giving, notice as above 3.5. _R_ecordir~.Q. This clocument may be recorded by any Owner. DATED as of the day and year fa'st above written. Peninsula Motel Assr, ciates, A Washington Limited Partnership McDonakts; LaPo~nt; Peninsula Easement v~~~.aoc 50 The Peninsula Group Incorporated General Partr~r By:. _ ~arry L L~PoL~t ' 51 STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) On this 7th da~ of November, 1995, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appea~l Lawrence P. Knuds~, [o me known to be the person who signed as Executive Vice President ofThe Peni~-,sula Group Incorporated. the Gene[al Par'trier of Peninsula Motel Assodates, A Washington Limited Partnership, the limited padrtemhip that executed the within end foregoing instrument, and acknowledged said instn, m'~t to be the flee and voluntary act and deed of Peninsula Motel Associates, A Washi~on Limited Partnership for the uses and puq3oses therein mentio~'~l; a~ on oath stated that he was authorized to ex~eo~e the said instrument on behalf of said The Peninsula Group Incorporated on bellalf of said Peninsula Motel Associates, A Washington Limited Partnersh~. IN WITNESS wHEREOF.I have hereunto set my hand andoffidal seal the and ye~.ar,.fiss~_..at[,[?e, wrfften. ~, ~ ~Elit~.,~-~ .~ ~ NO,3'ARY PUB£1C i~ and forthe State 5. % '*,,.~0%~,,Tq~...~-~,~' .." ~Washington, residing at · ~ ~ -,,,,,,,.',.', .... .= .. STATE OF OREGON ] )SS. COUNTY' OF 1 On this ..--- day of November, 1995, before me, the undemigned, a Notary Public in and fo~ the State o~ Oregon, duly commissioned and sworn, personally appeared Garry L Lapolnt and Katherine M. LaPoint, to me known to be the indivt~,~ais tl~t executed the within and foregoing instrument, and acknowledged IN WITNESS WHEREOF I have hereunto set my hand and.offi~al seal the day and year first .above ~'itten. · McDonalds; LaPoint; 52 NOTARY PUBLI(~'and for the State of Oregon, residing at _ My AOpointment Expires: - - STATE OF ILLINOIS ) )ss. COUNTY OF_ n~-_p~ c E. ) On this,,%~.'day of November, 1995, before me, the undersigned,'a Notary Public in and for the State o~ Illinois, duly cornm{ssioned and sworn, pemonaliy appeared ' ~','c..~,.,- ~, :,.~.,_'~ ~-, to me b3o~3 to be the person who signed as ~.~&.~T~v'r V~¢ ~.~r~~rofMcDollatd's ~tiOtl, the corpof'atioll that exec~ed the within and foregoing instrument, and aeknowledge¢l said instrument to be the free. and voluntary act anc~ deed of McDonald's Corporation for the uses and puq~3ses I~emin mentioned; and on oath stated that. h~ was authorized to execute'the said instrument on bet3aff of said McDonald's Corporation. IN WITNESS WHEREOF ! have hereunto se{ my hand and offic, ia! seat the day and year first above v,~tten. s'ar~yLS v,~LL~ I NO in and f~- the State - -' of Illinois, residing at __~A~ z~_~ ~c,~.~,3 . 53 COM~ENCfl~ AT A 5/8 INC~ IRaN ROD ON TS~ ~ASTV-~L¥ P. IGHT-OF-WAY 0F S~-~SON WAY ~TH ~ ~~y ~T~F-~Y OF ~ON ON ~N ~ ~'~TITIO~ P~ ~2-~4~ T~ SOUTH 54' 28" ~T, L~'~NG ~D NO~H~Y ~GHT-OF-WAY, 95-021 . 54 B~GIHNING AT A .~/8 INCH ~ON ROD ON IN T~ SO~ST 1/4 ~ SE~ION ~2, 08' 44" ~T ~55.18 ~T ~OH T~ S~ ~~Y ~G~T~'W~ ~ ~ ~T 177.~ FE~T;' ~ S0~H O0e 54' 2~" ~ ~00.00 ~T; T~N~ ~TH T~ ~~IO~ ~~Y RIGH~-~y 0~ ~ON ~ THENCE NO~H 01· 08' ~EG~G. - ~ ' COmPlaINInG 0.82 ~S OF L,1ND, HO~ OR LES~. THE BASIS OF ~EA~TNG-~ 07 T~ A~OVE DF~~ PAR~L I$ 14ARION COUNT~ PARTITIO~ PLAT 92--24. Y~AY 3, 1995 95.-022 55 ~d~ibit C: Legal Description of McDonald's Parcel To Come McDonal~ls; Lal:~nt; Penin;ula Easemem 56 Exhibit D: Legal Description of Easement Area .The .Le~. al Des.c~i.'p~ion of the Easement __Ar~a~ ~h~s ~b~n. selS. a.r_~.ed into ~ two legal oescriptions on me attached Exhibits D-1 arm L,'-Z, renec~ing 1/Z 'thereof on the LaPoint Prope~ and the Pertinsula Propm-ty and 1/2 on the McDonald's Property. McDonalds; LaPoint; Peninsula Easement 57 S~ ~~Y ~G~F~Y OF ~WS~ $~, 389.12 F~T TO A PO~ ~ T~ E~Y ~G~F-~Y OF ~0N ST~T~ T~CE N~TH 01~ 08' ~4" ~ST 18.00 ~T ~ S~ EASilY ~G~-OF~AY TO ~ POUF ~EG~ING. ~~G 0.16 AC~S OF ~, ~ OR ~S. '~ ~ZS O~ ~GS OF T~ ~ ~ES~ P~L Z~ ~ON ~Y P~TZON P~ 92-24. ~Y 3, 199~ 58 ~~, ~Y OF ~~, ~l~ CO~, O~, $A~D ~D BE~G NORTH 0G' 44~ ~ 3~.29 ~ ~ ~ ~~IO~ oF ~-N~T~Y O~ ~ C~ PJ~T~ION P~T 92-~G; T~ SO~ 88~ 48' 30" ~T, ~A~G ~S~Y ~T~Y OF ~~ R~; T~ NO~H 00° 54' 27' ~ 16.0U ~T ~G ~ ~q~Y ~GHT~F-~Y; T~ NO~ 88' 48' 30" ~ST, E~Y ~HT~Y O~ ~SON ~T: T~ SO~H '01° 0G' 44" ~ C0~~G 0.16 A~S 0F ~, ~O~ 0R ~S$. T~ ~ZS 0F S~GS OF ~Y 3, 1995 5g I1' 6O F-~R'~ RT? F 9' x30' 42' x 34" · 11.775 sq.ft: SCALE 1'= i' 61 6-99 Sleven Goeckrilz Planniug Direclor City of Woodburn 270 Moutgomery Woodbum,Oregon 97071 Re: Dr. Patrick L Paradis, DVM Site Plan Review No. 99-01 Dcar Sieve, 1 would like to submit writlen informalion Io support our site plan review proeess by thc city planning COlmnission. The issue to consider is that Mr. Gary LaPoint has requested that we might move Iht building to the north lo allow for greater room for cars lo move in and out of our proposed parking stalls ou the south side of our sile. I do not waut to do fids because 1 have future plans thai would be made impossible by this move and it will cost us raore Io do this as well. I have submilted a rough sketch of lite site showing the shared easement and the proposed parking stalls. For file benefit of the comnfission members I would like to make Ihe following points of clarification: 1. The referred to shared easement is 36 1/wide md consisls of 18 ft on each side and rite participating members are file Super 8 Motel and Exon(Gary LaPoint) south side and McDonalds and Patrick Paradis on thc north side. 2. The south side of tim easement also contains a sidewalk 3. The current easement roadway consisls of two 15 ft lanes for a total width of 30ft Other sinfilar access rodcways, such as the west side of Fainvay PlaTa and Safeway - Riteaid shopping area, have two 12fi lanes for a total width of 24 ft. 4. The parking stalls that we are proposing arc 19 fl in depth from fl~e existing curb On thc site, the aforementioned existing curb is approximately 23 ft frown tim northern most edge of thc casement roadway. Tlfis will allow for 4 feet from the end of thc parking stall to thc easelncnt, l have measured several cars thai could potentially fill lhe pm'king stalls and cause a problem referred to by Mr. LaPoint. The measurements arc listed below: Lincoln Conlhmntal 16fl Ford ~A ton pickup 1711 Chevy Suburban 1711 Volkswagen Jetta 13fl Plymouth Grand Voy 1411 Lincoln Crown Vicloria 15 fl Chev 1996 Suburban with back door open 18fl Dodge Caravan with door opeu 16fl I would like Io submit to you thal Ihere is not a coneem of file parking stalls being a problem with file current design. We have moved file building once al the request of staffand would rather not have to do it agaiu. Therefore we would request thai thc current sile pl,m design be accepted as subnfitled withoul a change itl the location of the building or parking stalls. Patrick L Paradis, DVM 62 I /$ I d tqOr~I'vx 63 McDOnald's ® May 5,1999 McDonald's Corporation 5000 S.W. Meadows Road Suite 200 Lake Oswego, Oregon 97035 503/684-9334 Fax: 503/624-4105 Mr. Steve Goeckritz, Planning Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Re: SPR - 99-01 Proposed Vet Clinic Dear Mr. Goeckritz: I am writing in response to the concerns expressed by Mr. Garry LaPoint regarding the above captioned submittal. In short, Mr. LaPoint's concerns are groundless. I will address each item in the order listed in his letter dated April 29,1999, attached hereto. 1. The site plan submitted by Mr. Paradis does not show any parking within the easement area, which is the southern 18' of the McDonald's (Paradis) property. The parking is accessed by the easement and therefore is not impacting the easement in any way, shape or form. 2. The 90 day notice is in reference to Article 1.4 which states," that any Owner desiring to alter the Easement area or to make any physical change thereto shall provide the other Owners with 90 days notice of such Owners desire to do so...". There are no alterations or physical changes proposed within the easement area. The access to parking proposed in the applicants plan is no different to the access already enjoyed by the balance of the McDonald's property to the west. The 90-day notice in Article 3.1 references owners granting easement access to others not a party to the easement. Since Dr. Paradis will purchase the property, it is our position that Section 3.1 is inapplicable inasmuch as the easement rights will be transferred with the property. Furthermore, Section 3.2 of the easement reads that, "The rights and burdens herein granted, and the duties imposed, shall run with the land constituting the Properties and shall inure to the benefit of and be binding upon the respective successors and assigns of each owner and the successors to ownership of the properties." Accordingly, no written approval from the additional owners is required. As stated above, no parking is proposed within the easement area. The easement is intended to provide access to the respective parcels and is not a public right of way. As such, the parking shown on the applicant's plan meets with the zoning requirements of the City. The desire to hook up to the existing storm sewer system came as result of a catch basin and line that existed on the McDonald's property prior to the development of the hotel. 64 Dr. Paradis had hoped that The Peninsula Group would cooperate and allow him to tie into the system that was installed when they developed their property since a line had been there before. Their unwillingness to cooperate is surprising to say the least. The property to be purchased by Dr. Paradis is subject to the terms and conditions of the easement as it is a recorded document, which runs with the land. Dr. Paradis has already indicated that he is willing to be responsible for 1/4th the cost of maintaining the easement area. The objections from Mr. LaPoint are not based in fact and it is McDonald's opinion that the applicant's plan should be approved. Sincerely, MCDONALD'S CORPORATION CW/cw Cc: Dr. Patrick L. Paradis Robert L. Engle, Engle & Schmidtman Enclosures: LaPoint Letter 65 WM. F. RINGNALDA, L.S., P.E. CONSULTING ENGINEER & LAND SU. RVEYOR 879 COTTAGE ST. NE, SALEM, OREGON 97301 (503) 371-8131 Randal Saunders, President RSS Architecture 2225 Country Club Road Woodburn, Oregon 97071 Randy: May 19, i 999 Re: New Animal Medical Clinic Your Project No. 9812 In the process of developing a grading plan for the subject project we investigated all possible routing for storm drainage. The existing catch basin in the shared access easement historically has collected all of the runoff from this site. We find no other storm lines in the area that would provide a logical connection for the drainage of this parcel and the McDonald's drawings definitely show the drainage from all of this site going to this particular catch basin. This catch basin may not physically be the same basin as the one shown on the original plans for the development of the McDonald's site (circa 1987) but it is in the same vicinity and serves to drain the same area. It also appears that the final discharge point into the City system, on both the McDonald's plans and the Super 8 Motel plans, is the manhole in Evergreen Road. The fact that the motel project designers chose (or were required?) to run this storm water through their detention facility would indicate to me that the system was designed to handle the runoff from this area. While working on the site we noted that the "unimproved" portion was actually a well compacted gravel base (which I understand you have confirmed with the contractor who did the work). The development of this parcel will only slightly alter the flow characteristics of the storm water runoff. The roofs and walkways will have about 2/3 more runoff than the existing gravel in those areas while the landscaped areas will have about !/3 the runoff of the existing gravel. The post-development runoff rate thus computes to be nominally the same as the existing conditions. To preclude the overwhelming of the existing detention facility during a real downpour we have provided a detention facility in the parking area at the rear of the new building to control the runoff from the roof and new parking area. I understand that concerns have been expressed about the potential for flooding of the motel. At present the motel finish floor is about two and one-half feet above the rim elevation of the subject catch basin. Before any water would even be within a foot of the motel finish floor it would have to be about 18 inches deep over the catch basin grate. This would also put the water running across the sidewalk and out of the ddveway into the street about six inches deep. RespectfuJl_y-~ Registered Professional Engineer · Oregon, Washington & Idaho / Registered Professional Land Surveyor · Oregon, Alaska & Idaho OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Site Plan Review g99-01. The nature of the application is an appeal of Site Plan Review/t99-01, Woodbum Animal Clinic, located on the west side of Evergreen Road North of the Motel 8. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing - The following sections of the Zoning Ordinance were found to be relevant to the approval of this application: A. Woodburn Zoning Ordinance: Chapter 2. Administration of the Ordinance Chapter 5. Permits and Enforcement Chapter 6. Planning Commission Chapter 8. General Standards Chapter 10. Off Street Parking, Loading, and Driveway Standards Chapter 11. Site Plan Review Chapter 30. Commercial General Standards The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. Any participant may request, before the conclusion of the initial evidentiary heating, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. Page 2 - Land Use Statement SPR g09-01 appeal May 24, 1999 If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. o Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report. OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Zone Map amendment g99-01 and Site Plan Review g99-02, . The nature of the application is to amend the zone map from RS (single family residential) to RM (multi-family residential) and and approval to construct a 2,640 square foot duplex. The applicant is Wilhelm Engineering Inc. for Orville and Dorothy Krebbs. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: A. Woodbum B. Woodbum Chapter 2. Chapter 5. Chapter 6. Chapter 7. Chapter 10. Chapter 11. Chapter 16. Chapter 26. Comprehensive Plan Goals & Policies Zoning Ordinance: Administration of the Ordinance Permits and Enforcement Planning Commission Public Hearing Off Street Parking, Loading, and Driveway Standards Site Plan Review Comprehensive Plan Map Amendment Multiple Family Residential C. Landscaping Standards The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. Page 2 - Land Use Statement g99-01, etc May 24, 1999 If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report. HB 2082 B-Engrossed Factsheet Provisions included in HB 2082B HB 2082 B-Engrossed implements several highway user fee and tax increases: · Effective October 1, 1999, the motor fuel tax is increased from 24¢ per gallon to 26¢ per gallon with equivalent changes in weight-mile taxes. The additional revenue will be distributed to meet state highway preservation needs. · Effective January 1, 2000, the motor fuel tax is increased from 26¢ per gallon to 30¢ per gallon with equivalent changes in weight-mile taxes. · Effective January 1, 2000, a $10 per year registration fee is added to the statewide passenger registration fee in Clackamas, Marion, Multnomah, and Washington counties. · Effective January 1, 2000, an annual $3 million set aside is made for counties that receive money from the timber harvest in the Fremont, Malheur, Oehoco, Umatilla, and Wallow-Whitman forests and addition contributions are made to the Small County and Small City programs. The money for these new set-asides will be taken from the 2/3s of the new revenue described above. · Truck weight-mile taxes are increased by equivalent amounts using the cost responsibility recommendations of the 1999 Highway Cost Allocation Study. This study recommends lowering overall heavy vehicle responsibility from 37.7% (current law) to 36.2%. HB 2082 B-Engrossed directs the additional revenue raised by these increases as follows: · The revenue raised by 2.05 cents of fuel tax and its equivalent in truck taxes is dedicated to meeting the debt service requirements for $600 million of Highway Revenue Bonds. The bond proceeds are dedicated to meeting state modernization and safety needs. The department shall develop a list of projects and present it to the Emergency Board no later than February 1, 2000. Projects that leverage federal money, local money or toll revenues are to be given priority. · The revenue raised by 3.95 cents of fuel tax and its equivalent will be available for used to meet road and bridge modernization, maintenance and preservation needs on (at first) the county and city road systems and (after 2001) state, county and city roads systems. · The revenue raised by the registration fee and its equivalent contained in HB 2082B will be available for state, county and city road and bridge modernization, maintenance and preservation. · The revenue raised by the registration fee increase in the four high growth counties will be available for maintenance and preservation of state, county and city roads and bridges. HB 2082 B-Engrossed Factsheet Provisions included in HB 2082B HB 2082B has a number of provisions to reduce the cost of the paperwork required to report and pay of weight-mile tax. · The department will offer a discount amounting to 2% of the weight-mile tax due for motor carrier fleets that equip the majority of their fleets with transponders. The department will offer an additional 1% discount for weight-mile taxpayers that file their tax returns and pay electronically. · Weight-mile taxpayers will report quarterly, rather than monthly, to further reduce the cost paid by the trucking industry of preparing weight-mile tax reports. · The two weight mile tax tables in current law are combined into a single tax table. · The department will merge its weight-mile reporting forms with those required for the Intemational Fuel Tax Agreement. It will also create a paperwork reduction taskforce. · The department will study the feasibility of introducing a system such as the Certified Wide Area Road Use Monitoring system for tracking the movement of vehicles subject to the weight-mile and related taxes. AGENDA HIGHWAY 214 ALTERNATIVES ANALYSIS WORKSHOP MONDAY, JUNE 7, 1999, 7:00 PM COUNCIL CHAMBERS, WOODBURN CITY HALL A. Call to Order B. Introduction- Randy Rohman C. Alternatives Analysis Presentation Alan Danaher Kittelson and Associates D. Review of Focus Group Input - Randy Rohman E. STIP, I-5 Interchange Study, & Access Management Issues Dan Fricke and Gerry Juster ODOT F. Council and Planning Commission Questions and Discussion G. Public Comment H. Concluding Remarks - Randy Rohman I. Adjournment