Agenda - 04/26/1999 CITY ¢OfJN¢IL A(~ENDA
APRIL 26, 19.99 - 7:O0 p. rn.
270 A4ontgornery Street * ~ I~'oodburn, Oregon
CAt.I. TO ORDER AND FLAG SALUTE
ROLL ~
ANNOUNC~.MF~NTS AND APPOINTMENTS
AnnollllC~m ellts
May 3, 1999 - 7:00 p.m. Budget Committee meeting.
B. May 6, 1999 - 7:00 p.m - City Hall - Surplus property auction.
C. May 10, 1999 - 7:00 p.m. Public Hearing: Woodburn Company Stores
iS, nnexation~ Plan Map Amendment and Zone Change
De
May 10, 1999 - 7:00 p.m. Public Hearing: Zone Change from RS to RM and
Site Plan Review; duplex located at Gatch and Young Streets.
May 1[~, 1999 - Highway 214 alternatives analysis public meeting
3:00 - 8:00 p.m., So-~ior Estates Clubhouse~
May 15, 1999, 9:00 a.m. - Cento_nnial Park work party.
e
Pl~ 17~SENTATIONS/PROCIAMATIONS
A. Proclamation: CINCO DE MAYO CELEBRATION DAY - MAY 5, 1999.
COMMITTEE REPORTS
A. Chamber of Commerce.
B. Woodbum Downtown Association.
COMMUNICATIONS
Letter from PGE re Y2K readiness
6A
BUSINESS FROM THE PUBLIC (This allows the public to introduce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council mpmber.
Approve Council minutes of April 12, 1999 regular & executive meetings.
B. Accept planning Commission minutes of April 8, 1999.
C, Accept Museum Board minutes of April 14, 1999.
D. Receive report on donation of surplus steel poles.
E. Endorse letter supporting HB 3588 provialng funalng for programs for
at risk youth.
Page 1 - Agenda, Woodbum City Council of April 26, 1999.
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10.
11.
12.
13.
14.
15.
16.
17.
PUBLIC HEARINGS
TABLED BUSINESS
GENERAL BUSINESS
A. Council Bill No. 1959 - Ordinance annexing into the City 10 acres of property
located north of Vanderbeck Lane & west of Boones Ferry Rd., nmendlng the
zone map, and approving pr~llminary subdivision plot plan.
(Heritage Park Meadows) 1 lA
B. Council Bffi No. 1960 - Ordinance CbRn~ng the ZOning designation on
property located at 1310 & 1340 Highway 99E from Single Family
Residential to Commercial General. l lB
C. Council Bill No. 1961 - Resolution entering into an agreement with Ira
Gordon, et al., for lease of premises to police station at Mall 99. 11C
D. Contract award for sewerline inspection ~-~mera. 11D
F~ Contract award for hydraulic truck conveyor. 11E
F. Utility easement acceptance - East lincoln Street. llF
G. Right-of-way dedication - Settlemier Avenue. 11G
H. Asbestos abatement bid award. 1IH
I. Amplified sound request from Salvador Larios - Salvador's Bakery
320 N. Pacific Highway. 111
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS
CITY ADMINISTRATOR'S REPORT
Status report on Montebello subdivision.
B. Highway 214 wido_nlng stattls report.
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing body to carry on
labor negotiations, under the authority of ORS 192.660(1)(d).
B. To consider records that are exempt by law from public inspection, under the authority of
ORS 192.660(1)(0.
C. To consult with counsel concerning the legal rights and duties of a public body with to
current litigation or litigallon likely to be filed~ under the authority of ORS 192.660(1)(h).
18. ADJOURNMENT
Page 2 - Agenda, Woodburn City Council of April 26, 1999.
ATTACHMENT "B"
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NORTH
1-=30'
PROP. LINE
EASENENT LOCATION
OVER AND ACROSS
COUNTY ROAD VACATION
PROCEEDING 1703. REEL 288 PAGE ~52
PREPAREO 6¥ WHILHELM ENGINEERING
~-~3-Iggg
TOTRLP.03
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CITY OF WOODBURN
270 Montgome~, Street · Woodbum, Oregon 97071 · (503) 982-52c~2
TDD (503) 982-7433 · FAX (503) 982-5244
PROCLAMATION
CINCO DE MAYO CELEBRATION DAY- MAY 5, 1999
WHER.F.d~, May ~' is a national holiday in Mexico, celebrating the defeat of the
French Army by the Mexican troops under General Zaragoza against overwhelming
odds; and
WI~REAS, this victory laid the foundation for the restoration of Mexican
sovereignty over its territory; and
WIIEREAS, this heroic act re__a_~erted Mexico's right to self-determination and
national independence; and
wm~EAS, the victory reminds us of the unique social economic, political and
cultural contributions of Mexico to Oregon and to the Americas; and
WHEREAS, the histories of Oregon and Mexico are intertwined with the f'wst
description of the Oregon coast by a Spanish explorer in 1602, with the discovery of the
mouth of the Columbia River by a Spanish explorer in 1775, and other right
contributions and
WHEREAS, this occasion gives us the opportunity to celebrate the cultural and
linguistic diversity that the Hispanic heritage brings to Oregon and the United States.
NOW, THEREFORE, I, Richard Jennings, Mayor of the City of Woodburn,
Oregon, hereby proclaim May $, 1999 to be
CINCO DE MAYO CELEBRATION DAY
in Woodburn and encourage all citizens to join in this observance.
IN WITNF3S WHERF~F, I hereunto set my hand and cause the seal of the City
of Woodburn to be affixed this 26a day of April, 1999.
Richard JennlnL'n, Mayor
City of Woodburn
Portland General Electric Company
121 SW Salmon Street · Portland, Oregon 97204
6A
April 8, 1999
"Year 2000 Readiness Disclosure"
Mr. John Brown
City of Woodburn
270 Montgomery
Woodbum, OR 97071
Dear Mr. John Brown:
Thank you for your inquiry about Portland General Electric's preparation for the Year 2000. As PGE's President and as an
electric customer, I appreciate your awareness of the potential problems that the' approaching change in century poses. I
want to assure you that we are working diligently to solve the issues facing us. Please consider this letter a "Year 2000
Readiness Disclosure."
Two years ago, PGE began addressing the potential computer problems that might be triggered when the year changes
from 1999 to 2000. To date, we've made excellent progress in preparing for the Year 2000. We have performed an
inventory of our date-sensitive software and equipment. We've checked individual computers and our mainframe computer
systems. We also have examined our electronically controlled equipment, from telephones to substations, looking for
embedded microchips that are date-sensitive. We're now in the final phase of assessing the potential effects of date-
sensitive software, hardware and embedded processors on our critical operations.
Our Project 2000 team is hard at work modifying computer code and replacing equipment as needed so that systems will
function properly in the Year 2000 and beyond. We are taking care to give top priority to the software, hardware and
embedded processors that most critically affect our ability to deliver electricity safely and reliably.
As you may know, PGE is part ora regional and national energy supply network, and we rely on external computer,
telecommunication and other systems that we do not control. Although PGE does not have control over outside systems,
we have been coordinating closely with outside system operators and will continue to work diligently to obtain reasonable
assurances that systems impacting our business will be Year 2000 ready. We also are working with the Bonneville Power
Administration, the North American Electric Reliability Council, the Western Systems Coordinating Council, other
utilities, the Oregon Public Utility Commission and the City of Portland to exchange information about our mutual
progress.
Again, thank you for asking us about this very important issue. We want you to know that preparing for the turn of the
century, with the goal of making the ~ansition as smooth and trouble-free as possible, is a very high priority for us.
Sincerely,
Peggy Fowler
President and Chief Operating Officer
Portland General Electric
c: Manager, Commercial/Industrial Accounts Management
Connecting People, Power and Possibilities
8A
COUNCIL MEETING MINUTES
APRH~ 12, 1999
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, APRIL 12, 1999.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0005 ROLLCALL.
Mayor iennings Present
Councilor Bjelland Absent
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,
Library Director Sprauer, Park & Recreation Director Westrick, Police Lt. Null, Finance
Director Gillespie, Management Analyst Smith, City Recorder Tennant
0033
APPOINTMENTS.
The following appointments were made by Mayor Jennings:
A) Park and Recreation Board: Janet Greenwell, Position IV, term expiration date of
12/31/2000; and Patricia Watts, Position V, term expiration date of 12/31/99
B)Library Board: Kay Kuka, Position Ill, term expiration date of 12/31/2001; and
Patricia Will, Position V, term expiration date of 12/31/2001
C) Planning Commission: Frank Lonergan, Position VI, term expiration date of 12/31/99;
and Ellen Bandelow, Position VII, term expiration date of 12/31/2002
FIGLEYfPUGH... approve the appeintments as presented. The motion passed
unanimously.
ANNOUNCEMENTS:
A) Budget Committee Workshop will be held on Saturday, April 17, 1999, 9:00 am, in
the City Hall Council Chambers. The public is encouraged to attend.
B) Centennial Park Community Work Party: A work party is being organized for
Saturday, May 15~, 9:00 am, at Centennial Park. Councilor Figley stated that volunteers
are needed to help with playground equipment set-up and landscape planting.
Additionally, the Centennial Park Task Force is soliciting for donations for trees (3 V2
inch caliber specimen trees) and Oregon Turf is matching each tree donation. Numerous
inquiries have been received and for those interested in making a tax deductible donation,
Page 1 - Council Meeting Minutes, April 12, 1999
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Preston Tack questioned the comments made regarding stringent water quality since it
was his understanding that all of the water will be discharged to the poplar tree plantation.
It was noted that, in the long range, there will still be some treated water discharged to the
Pudding River.
0718 CONTRACT AWARD: WASTEWATER TREATMENT PLANT EXPANSION.
Bids for contract #3 were received from the following contractors: James W. Fowler Co.,
$17,402,298.44; Slayden Construction, $17,467,000.00; Contractors Inc.,
$18,020,145.00; and O.C. America, $22,463,000.00. Staff recommended the acceptance
of the low bid which was 5.93% below the engineer's estimate.
FIGLEY/KIL~Y... accept the low bid from James W. Fowler Co. for contract #3
in the amount of $17,420,298.44. The motion passed unanimously.
0742
PROCLAMATIONS.
A) Physical Fitness and Sports Month:
Mayor Jennings declared the month of May 1999 as Physical Fitness and Sports Month in
Woodburn and urged locate citizens, businesses, and organizations to promote activities
in recognition of physical fitness.
B)National Library Week:
Mayor Jennings also declared the week of April 11 - 17, 1999 as Woodburn Library
Week in conjunction with National Library Week and urged citizens to visit and become
familiar with the local library services.
C) Youth Week:
Mayor Jennings read a proclamation declaring May 2 - 9, 1999 as Youth Week in
Woodburn and urged all departments of government, citizens, civic, fraternal, and
patriotic groups to participate in its observance. He stated that this proclamation will be
presented at the Woodburn Elks Lodge on April 22nd by Councilor Kilmurray since he
will be attending another function on that date.
0889
R.S.V.P. SPRING FLING.
In celebration of National Volunteer Week, the Retired Senior Volunteer Program
(RSVP) staff will host an open house at the Community Center on April 21st from 10:00
am to 12:00 noon.
0914
CHAMBER OF COMMERCE REPORT.
Dr. Jack Reeves, representing the Chamber Board, provided the following updated
information:
1) On April 16m, the Tulip Festival Tee-Off will be held at the Evergreen Golf Course.
Page 3 - Council Meeting Minutes, April 12, 1999
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There are a few spaces still available for teams and more information can be obtained by
calling the Chamber office.
2) On April 22~d, 4:30 p.m., Business After Hours will be held at the Mid-Valley Bank.
3) He also thanked the Council for their support towards the newly installed "Welcome to
Woodburn" sign and the Chamber will now begin to raise funds for the next sign.
0960
WOODBURN FRIENDS OF THE LIBRARY REPORT.
Dallas Figley stated that the Library is working with the Woodburn Schools in presenting
a play titled "Can Full of Virtue" which will be held at the high school auditorium on
April 16t~ at 7:00 p.m.. There is no admission charge for this play.
On April 18th, 2:00 p.m., City Hall Council Chambers, the "Rosie to Roosevelt" series
continues and the interested citizens are urged to attend.
On April 25t~, the third part of the series "America in the Holocaust" will be held and
arrangements have been made for a special guest to speak on this topic who was a
member of the Belguim Underground smuggling Jews out of Germany.
Bill Sullivan, author of several books on hiking in Oregon, will have a slide presentation
at City Hail on April 28th at 7:00 p.m..
Lastly, in May, Leonad Bosnov, will be providing entertainment by performing Russian
songs and dance. Location and time for this performance will be announced at a later
date.
1054
COMMUNICATIONS.
A) Letter from Marion County Board of Commissioners:
The letter expressed the Board's appreciation to the City for their willingness to
contribute the City's share of Juvenile Accountability Incentive Block grant funds
towards juvenile crime prevention programs in Marion County.
B) Letter from United Disposal Service:
United Disposal provided a summary of the amount of yard debris, wood, and scrap metal
that was collected at the Woodburn U-DS site on March 20, 1999 as part of the annual
clean-up campaign for the cities of Woodburn, Hubbard, and Gervais.
Staff will send a letter of appreciation to United Disposal Service for their continued
support in providing this community service.
1088
CONSENT AGENDA.
A) Approval of Council minutes of March 22, 1999;
B) Acceptance of Planning Commission minutes of March 11, 1999;
C) Acceptance of Park Board minutes of March 10, 1999;
D) Receipt of Police Dept. activity report for February 1999;
E) Receipt of Building activity report for March 1999; and
F) Approval of claims for the month of March 1999.
Page 4 - Council Meeting Minutes, April 12, 1999
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FIGLEY/PUGH... consent agenda be enacted as presented. The motion passed
unanimously.
PUBLIC HEARING: ZONE MAP AMENDMENT g98-06 FROM SINGI.~
1583
FAMILY RESIDENTIAL (RS) TO COMMERCIAL RETAIL (CR) FOR
PROPERTY LOCATED AT 1310 AND 1340 HWY. 99E.
Mayor Jennings declared the public hearing open at 7:40 p.m..
No declarations were made by the Council regarding potential conflict of interest or ex-
parte contact.
Recorder Tennant read the land use statement required by ORS Chapter 197.
Community Development Director Goeckritz reviewed the staff report along with the
recommendation from the Planning Commission to approve, with conditions, the zone
map amendment. He stated that the subject properties are two abutting lots totaling
approximately 6.7 acres. Each lot has a 1,000 foot depth of which the 500 feet fronting
Hwy. 99E is zoned commercial retail and the rear 500 feet is zoned single family
residential. The applicants, Yacov & Nina Konovalov, have submitted a request to
amend the zone map thereby zoning the entire area of each lot to commercial retail. It
was noted that there was no site plan submitted with this application. The Planning
Commission had included in their final order a condition that the site plan proposal
allows for the full utilization of the property and the Commission did not want to see tall
structures at the rear of the property. The final order also includes a condition that a solid
wall be installed at the rear of the property when development does occur for the purpose
of noise abatement.
Denny Neilsen, Vice President of Salem Hospital, stated that Salem Hospital has
purchased the property from the Konovalov's. They are in agreement with the conditions
and willing to work with the staff in developing a comprehensive conceptual plan for the
project once it is determined as to what services they could provide to enhance the health
services already provided within the community. He requested Council support for the
proposed amendment to the zone map.
Mayor Jennings questioned if an Urgent Care Center is a part of the plan being discussed
by Salem Hospital.
Mr. Neilsen stated that it is on the table and may be one component of a more complex
project.
No one in the audience spoke in opposition of the zone map amendment.
Mayor Jennings closed the public hearing at 7:55 p.m..
Councilor Figley expressed her opinion that this proposal would correct a strip zoning
issue and her only concerns are noise and privacy issues which have been addressed in the
Planning Commission conditions.
Councilors Pugh, Chadwick, Sifuentez, and Kilmurray also spoke in favor of the
proposed amendment.
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FIGLEY/PUGH .... approve with conditions listed in the Planning Commission's
recommendation and instruct staff to prepare an ordinance of findings and conclusions to
substantiate that decision. The motion passed unanimously.
1784 CONTINUATION OF PUBLIC HEARING: BOONES CROSSING PUD,
ANNEXATION g97-08, ZONE CHANGE g97-12, CONDITIONAL USE g97-03,
AND VARIANCE g97-12.
Mayor Jennings declared the public hearing open at 7:58 p.m..
Councilor Figley stated that she had made numerous visits to the site over the years
several of which have been since she was made aware this application and for the purpose
of looking over this site.
Councilor Pugh stated that he had made a site visit, walked the area, and asked questions.
Mayor Jennings stated that he has been on Brown Street with staff, on Boones Ferry Road
with Councilor Figley, and at the site.
Recorder Tennant read the land use statement required by ORS Chapter 197.
Community Development Director Goeckritz entered the following exhibits into the
record:
Original application by Polygon Development;
Applicant's Stage 11 submittal;
Original Boones Crossing Planned Unit Development Transportation Impact
Exhibit 1:
Exhibit 2:
Exhibit 3:
Analysis;
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
and
Traffic addendum to the original transportation impact analysis report;
Original Planning Commission staff report;
Final Order by the Planning Commission with a recommendation to Council;
Amended Traffic Study received after the Council packets were distributed;
Exhibit 8: Correspondence between applicant, staff, and letters from various individuals
giving testimony.
Director Goeckritz stated that this proposal began several months ago and was first heard
by the Planning Commission in September 1998. The hearing before the Council was
opened in October 1998 and the hearing had been continued until this date for the
purpose of allowing staff and the applicant an opportunity to work out issues that were
raised at the hearing. He reviewed the Planning Commission recommendations along
with the types of Council action that can be taken based on the Council's decision
following the public hearing. In summary, the applicant's request is to annex 61.9 acres
into the City and allow for the development of a residential and neighborhood
commercial center. The proposal provides for a 241 single family residential
development and would include 3 pocket parks to be maintained by the Homeowners
Association. The developer would also donate 3 acres of land for a public park to be
maintained by the Parks Department and contribute $300,000 towards park
Page 6 - Council Meeting Minutes, April 12, 1999
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improvements. The developer will be required to construct a deep sanitary sewer line to
serve all phases of the project plus pay all required system development charges. It was
noted that with deep sanitary sewer line, the City will not need to construct a pump
station. The developer is in the process of securing easements for a storm drain line to
Mill Creek Another condition is that the developer will be responsible for the
construction of his portion of the east/west minor arterial.
Mayor Jennings questioned as to which part of Brown Street is still descriptive easement.
Director Goeckritz stated that it is his understanding that it begins in the northeast portion
of the development and goes north to where it connects to Brown Street at the Comstock
development. It is his understanding that the property owners are not willing at this time
to provide right-of-way to connect to the improved portion of Brown Street.
Public Works Director stated that all roads are required to have curbs on both sides,
paved surface, drainage problems resolved, and be 34' in width within a residential area.
He answered several questions posed by the Council regarding street width and the
possibility of reducing the street width to 24' (sidewalk on one side of the street) for the
connection to Brown Street in the event insufficient easements can be obtained from the
property owners on Brown Street. He suggested that the property owners on Brown
Street should in the cost of the additional 10' improvement since there property will be
benefitted by this extension to Brown Street.
Mayor Jennings expressed his opinion that the Brown Street connection is an integral part
of this development and felt that the traffic study from Kittleson & Assoc. should have
come to a similar conclusion.
Tape 2 Councilor Figley questioned the adequacy of the right-of-way being obtained for the
south portion of the development in the event the south by-pass is designated as a major
arterial versus minor thereby having homes abutting the right-of-way and causing
dissension between the property owners and the City.
Director Tiwari stated that the standards within the Transportation Plan are being
followed and, in this case, a minor arterial involves a 74' right-of-way.
Director Goeckritz stated that the right-of-way behind the schools and Centennial Park is
100' and this width was established prior to the adoption of the Transportation Plan. The
City will probably be giving 26' feet back to the School District since it exceeds the right-
of-way requirement.
Mayor Jennings also expressed concern regarding the right-of-way width since it is
unknown as to where the south by-pass will be placed and, additionally, he feels that it
should be classed as something other than a minor arterial.
Director Tiwari stated that staff recommendations are based on current code
requirements.
0143 Nancy Bocchi, property owner of this development, stated that her parents were long time
residents of Woodburn and she, along with her sister Faye Zimmer, see this development
Page 7 - Council Meeting Minutes, April 12, 1999
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as an opportunity to give something back to the City. Numerous developers had
approached them regarding this property and, after careful consideration, decided to work
with Polygon Northwest as the developer.
Fred Gast, Polygon Northwest, stated that their company began working with the owners
approximately two years ago to develop a master plan community. He provided
background information on their company which has developments in the Puget Sound
and Portland area. He stated that their mission is to create value and they have decided to
build homes with exceptional value that would be affordable for working families. This
also involves creating a neighborhood that inspires a sense of community by having tree
line boulevards, parks and open spaces, sidewalks, and other amenities modeled after the
older neighborhoods in Woodbum and other parts of the country. He summarized the
progress to date which includes a staff report and Planning Commission decision
recommending approval since minimum standards have been met. Since the
Commission's recommendation was made, they have made additional improvements to
their development plan. This includes full street improvements to Boones Ferry,
providing a deep sanitary sewer line, public park with improvement costs, still paying
system development charges for traffic, sewer, water, park fees, and other building costs.
In his opinion, this proposal shows that they are carrying their own weight and providing
tangible benefits to the City. He also stated that they have always maintained a
commitment that if the Brown St. right-of-way becomes available when the development
is in progress that they would be willing to participate in its acquisition and full
improvement. They have made attempts to acquire the right-of-way but have not had any
success to date. They would also be willing to provide up to $20,000 towards the cost of
condemnation proceedings on that section of the road.
Mike Miller, Alpha Engineering representing Polygon, stated that the site is within the
Urban Growth Boundary. The developers have worked to make this proposal more than
just a subdivision in that it provides for different types of residential, commercial, and
numerous green spaces and parks. The proposed development includes 241 single family
residential lots averaging 5400 sq feet with future expansion of 90 multi-family units.
The development would provide for 10 open space areas in addition to the 3 acre public
park. It is also proposed that minor playground equipment will be placed in designated
tot lots. The exterior of the homes would be reminiscent of the older part of the City
utilizing classic craftsmen architecture with a lot of detail. The streets and pathways are
designed to focus on the green spaces. He reiterated that they have met all of the code
requirements and feels that this project will benefit the City and future residents of the
development.
Councilor Figley expressed concern regarding the road connections and its impact on
Boones Ferry Rd. and Settlemier since N. Front Street is a sub-standard street.
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Allen Danaher, Kittleson & Assoc., reviewed the updated trip generation data used to
analyze traffic impact on Boones Ferry Road assuming that there was no access to Brown
Street. He stated that this study was completed to look at trip distribution patterns and
provides an analysis of traffic impact during peak hours. Their study indicates that no
traffic signal is warranted at the Parr Rd intersection as a result of the development
looking out to the year 2003 which is considered as the site buildout year. He also
reminded the Council that the City's Transportation Plan had identified that the south by-
pass would have a minor arterial designation with a 74' right-of-way width and would be
built in the 11-20 year timeframe. At this time, ODOT is more focused on Hwy. 214
improvements. There is no study in place to look at a new I-5 interchange to the south of
the existing interchange and the south arterial is dependent upon how it ties into I-5 in the
future. The site plan is consistent with roadway access spacing per existing criteria. He
also stated that studies continue to show that there is need for expansion of Hwy. 214 to 4
or 5 traffic lanes independent of site development.
1235
No one in the audience spoke in opposition to the proposal.
Mayor Jennings called for a brief recess at 9:10 pm and the meeting reconvened at 9:15
pm.. ~
Councilor Pugh requested clarification on the developer's responsibilities as it relates to
the street width of Brown Street and how much of the south arterial would be completed.
Director Tiwari stated that developers will be responsible for 34' street width for property
up to their north property line plus, if the right-of-way is acquired, the connection to
Brown Street and the area up to the Comstock subdivision. He briefly reviewed the 24'
roadway requirement and suggested that the benefitted property owners contribute
towards a 10' improvement thereby making the street the same width from the new
development to the Comstock subdivision.
Allen Danaher stated that their study shows that 36% of the side traffic is oriented to the
west onto Hwy. 214 and he answered Council questions regarding trip generation and
direction of travel.
Fred Gast stated that the south arterial alignment was established based on location of
right-of-way behind the school then east to align with the Urban Growth Boundary.
Mayor Jennings stated that his major concern is the north part of Brown Street and the
need to have a connection rather relying so heavily on Settlemier.
The public hearing was closed at 9:30 p.m..
Councilor Figley stated that this is the most difficult decision in which she has had to
make since she would like to approve it but feels that she is unable to at this time because
of Brown Street. Even if Brown Street is improved, she is unsure if Brown Street can
support the traffic that would be generated by the development. Another concern is how
to remedy the traffic problems and, even though the developer will be charged fees for
improvements, it is still not enough to mitigate the impact that this development will have
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on this part of the City.
Councilor Pugh expressed his opinion that this was a well-thought out plan which the
City can be proud of but it is pre-mature since the City's road infrastructure is
insufficient. He wished a bond issue was in place to provide road improvements that
would allow for developments of this nature.
Councilor Chadwick expressed her opinion that the project looked good but she is
concerned about the traffic impact.
Councilor Sifuentez also felt that the traffic issues need to be addressed.
Councilor Kilmurray expressed her opinion that, if Brown Street was improved, it would
probably be a viable project since the project will take two to four years to complete.
FIGLEY/PUGH... annexation request be denied and the staff prepare the appropriate
findings of fact in an ordinance so stated. On roll call vote, the motion passed
unanimously.
Councilor Pugh stated that he was not against the project but encouraged the developers
to work with the City to try and find a way to eventually follow through with this project.
PUBLIC HEARING: Hl~RITAGE PARK MEADOWS - ANNEXATION, ZONE
CHANGE, CONDITIONAL USE, AND VARIANCE.
Mayor Jennings opened the public hearing at 9:38 p.m..
Councilors Figley, Pugh, Kilmurray, and Chadwick stated that they were familiar with the
area being discussed in this proposal and all had recently been to the site to view the
property.
Recorder Tennant read the land use statement as required by ORS Chapter 197.
Director Goeckritz stated that the Planning Commission signed the final order on January
14, 1999 which recommends annexation of 10 acres of property located west of Senior
Estates and north of Vanderbeck Lane. This property abuts the city limits on three sides
and the proposed development would provide 46 single family residential lots. This
development would be required to plant street trees in order to conform to the adjacent
development's street tree requirements. It was noted that this subdivision would also be
required to install a fence on the west side of their property similar to the fence installed
within the Henry Miller subdivision. He stated that one lot will be reconfigured in the
subdivision just south of this development (also owned by the same developer) since a
roadway will be constructed to provide connectivity between the two developments. As a
reminder, Vanderbeck Lane abutting Senior Estates has been closed. This proposal does
meet all established criteria and he reviewed the conditions imposed by the Commission.
Councilor Chadwick expressed concern regarding potential traffic generation through
Senior Estates off of Country Club Road since Vanderbeck Lane east to Boones Ferry Rd.
will not be improved until the subdivision east of this development begins construction.
Ken Sherman, representing Hidden Creek Properties (applicant), stated that the applicant
is also the developer of Heritage Park which is the subdivision immediately south across
10 - Council Meeting Minutes, April 12, 1999
8A
COUNCIL MEETING MINUTES
APRIL 12, 1999
TAPE
READING
Tape 3
0250
Vanderbeck. The applicant intends this to be the fifth phase of Heritage Park and they
plan on placing the same kind of quality development on this property. The property is
surrounded on three sides by the City limits and annexing this property will square off the
City boundary. They also concur with the recommendations of the staff and Planning
Commission.
Mark Gringe, Multi-Tech Engineering, stated that by connecting to Declaration Street,
located to the south of this proposed development, allows for connectivity to Country
Club Road. Emphasis will still be placed on directing traffic to Boones Ferry Road. He
also reminded the Council that the developers have previously agreed to participate in a
Local Improvement District to improve Boones Ferry Road. They are also working with
the City to address drainage issues and they would be providing storm drain detention on
the north end of the project. In regards to sanitary sewer, the applicant has dedicated a
small portion of property to the City at the north end of the Heritage Park project at
Vanderbeck for the new pump station that is currently under design. This new pump
station will be the primary provider for sanitary sewer service for this property and the
Miller Links property. They have also agreed to participate in the construction of a deep
oversized trunk sewer which would eventually allow for the removal of that smaller pump
station on Jansen.
Mayor Jennings questioned the status of the Miller Links development located just east of
this development.
Mr. Gringe stated that it was his understanding that the developer of Miller Links has
already submitted plans to Public Works Department for approval of their subdivision
including Vanderbeck out to Boones Ferry Road. He stated that their project is slated for
a year 2000 construction whereas Miller Links is slated for a year 1999 construction.
No one in the audience spoke in opposition to the proposal.
Mayor Jennings closed the public hearing at 10:08 p.m..
Councilor Figley expressed her opinion that this is a smaller project which fits into a
logical progression of the development that has been taking place in that area.
Councilor Pugh stated that this development is a natural buildout of the area and he does
not feel that it would create an undue traffic burden onto Boones Ferry Road.
Councilors Chadwick, Sifuentez, and Kilmurray also expressed their opinions that the
proposal complements the other developments in the area.
FIGLEY/PUGH... approve the Planning Commission's recommendation for the
annexation and zone map amendment with their conditions of approval and instruct staff
to prepare an ordinance with findings and conclusions to substantiate this decision. The
motion passed unanimously.
8A
Page 11 - Council Meeting Minutes, April 12, 1999
COUNCIL MEETING MINUTES
APRIL 12, 1999
TAPE
READING
0368 COUNCIL BILL 1956 - RESOLUTION AUTHORIZING RENEWAL OF
PARTICIPATION IN THE FEDERAL PROPERTY UTILIZATION PROGRAM.
0292
Councilor Chadwick introduced Council Bill 1956. 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 1956 duly
passed.
COUNCIL BILL 1957 - RESOLUTION CALLING FOR PUBLIC HEARING ON
THE ANNEXATION OF PROPERTY LOCATED IN THE NORTHWEST
0323
0373
QUADRANT OF THE I-5 INTERCHANGE (WOODBURN COMPANY STORES -
PHASE II).
Council Bill 1957 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 1957 duly passed.
The public hearing will be held on Monday, May 10, 1999.
RIGHT-OF-WAY DEDICATION: ARNEY ROAD.
Staff recommended the acceptance of a right-of-way being conveyed by Moore Clear
Company for the realignment of Amey Road to Woodland Ave. as part of the Factory
Outlet Stores project.
PUGH/FIGLEY... accept the right-of-way as described in Attachment C of the memo
within the packet.
It was noted that the property being conveyed is located in the triangle area near Miles
Chevrolet in the wetlands area. The motion passed unanimously.
CONTRACT AWARD - CLASSIFICATION AND COMPENSATION STUDY
Staff recommended the acceptance of a proposal from Human Resources Consultant
Robert W. Gibson to perform a classification and compensation study of AFSCME union
positions.
FIGLEY/PUGH... authorize the City Administrator to execute a contract with Robert W.
Gibson to complete a classification and compensation study for AFSCME represented
positions in an amount not to exceed $22,320 plus expenses. The motion passed
unanimously.
0390
REQUEST FOR SOUND AMPLIFICATION PERMIT.
Staff recommended the issuance of a permit to Chemeketa Community College for a
Cinco de Mayo celebration to be held at the local campus, 120 E. Lincoln, on May
FIGLEY/SIFUENTEZ... request be granted for the use of sound amplification
equipment on May 5, 1999 between 12:00 noon and 9:00 p.m. as recommended by the
Police Chief. The motion passed unanimously.
Page 12 - Council Meeting Minutes, April 12, 1999
COUNCIL MEETING MINUTES
APRH~ 12, 1999
TAPE
READING
0416
CITY ADMINISTRATOR'S REPORT.
A) Update on Montebello Subdivision and B) Report on recording land use
decisions and CC&R's:
Administrator Brown stated that staff is still researching the right-of-way issue involving
Montebello Subdivision and the property abutting the west side of Columbia Drive. A
meeting has been scheduled for April 15th and staff will report back at the next meeting.
In regards to recording conditions of approval and/or CC&R's, Attorney Shields has
included a memo in the packet which states that the Council has the ability to record the
conditions of approval. Additionally, under state law, subdivisions are required to record
their CC&R's and state law preempts the City's local authority to require the recording.
As an alternative, the City could require the developer to bring back a copy of the
recorded CC&R's.
Lengthy discussion was held regarding the proper recording of CC&R's and staff's ability
to follow up on the recording requirement if state law already requires developers to file
the CC&R's.
It was the consensus of the Council that staff pursue a zoning ordinance amendment that
would require an applicant to provide the City with a copy of the required CC&R's.
0827
C) Award from Oregon Urban & Community Forest Council to the City and WDA:
Administrator Brown stated that the City and WDA tree planting project had been
selected as the outstanding entry in the Partnership category of the OUCFC 1999 Awards
Program. Planting of the trees was a collaborative effort and he thanked Management
Analyst Matt Smith for his work on the original grant and the award application.
1001
MAYOR AND COUNCIL REPORTS.
Councilor Figley reminded the public that the City does have a leash law which needs to
be followed by owners of dogs.
Councilor Chadwick questioned if individuals who purchase a tree will know which tree
they have purchased. Director Westrick stated that the purchaser will know which tree
has been planted through their donation.
Mayor Jennings stated that Attorney Shields had played tennis against the Circuit Court
Judges and won first place.
.1093
EXECUTIVE SESSION.
FIGLEY/PUGH... adjourn to executive session under the authority of ORS
192.660(1)(d). The motion passed unanimously.
The Council adjourned to executive session at 10:39 p.m. and reconvened at 10:55 p.m..
1100 Mayor Jennings stated that no action would be taken by the Council as a result of the item
discussed in executive session.
Page 13 - Council Meeting Minutes, April 12, 1999
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APRIL 12, 1999
TAPE
READING
He also stated that the Mayor's Prayer Breakfast is scheduled for April 23~, 6:45 a.m., at
the United Methodist Church. Councilors interested in attending are asked to contact the
City Recorder by Thursday so that a check can be issued for the tickets.
Councilor Kilmurray reminded the Council that Administrator Brown had previously
requested a mini performance appraisal since he has now been with the City for 6 months.
It was the consensus of the Council to conduct this evaluation at the first meeting in May.
1200
ADJOURNMENT.
FIGLEY/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 11:02 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 14 - Council Meeting Minutes, April 12, 1999
Executive Session
COUNCIL MEETING MINUTES
April 12, 1999
8A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, APRIL 12, 1999.
CONVENED. The Council met in executive session at 10:41 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Absent
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Present
Councilor S ifuentez 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 authority of ORS 192.660(1)(d) to conduct deliberations
with persons designated by the governing body to carry on labor negotiations.
ADJOURNMENT.
The executive session adjourned at 10:53 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Council Executive Session Minutes, April 12, 1999
WOODBURN PLANNING COMMISSION
April 8, 1999
DRAFT
CONVENED The Planning Commission met in regular session at 7:00 p.m. with
Chairperson Young presiding.
ROLL CALL
Chairperson Young P
Vice Chairperson Cox P
Commissioner Will A
Commissioner Lawson P
Commissioner Gunderson P
Commissioner Lima P
Commissioner Mill P
Staff Present:
Steve Goeckritz, Community Development Director
Nancy DeVault, Secretary
8B
Staff reported that Commissioner Will will be absent tonight.
MINUTES
Chairperson Young remarked that he thought that Commissioner Will had a bad back and
not a bad neck as indicated in the minutes.
Vice Chairperson Cox referred to page 3 of the minutes and stated that his statement as
shown in the minutes was incorrect and that what he said was 'that developers and
builders might claim that it was unfair." He stated that he did not want it to read that he
believed that it was unfair.
Staff said that the tape will be checked for clarification of this issue and shown in the next
set of minutes.
Vice Chairperson Cox also referred to page 5 and indicated that he said '1 do not believe
that the 50% window requirement applies to remodeling but only to new construction."
Chairperson Youn~ pointed to page 6 of the minutes and commented that Staff's remark
probably should read that 'this is a run on sentence' and not 'run off sentence".
Vice Chairperson Cox moved to approve the March 11, 1999 minutes with the noted
changes. Commissioner Gunderson seconded the motion. Motion carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
Planning Commission Meeting - April 8, 1999 Page
A. Columbia Steel Products letter
St'-afl explained that Columbia Steel Products wanted to give some recognition to City
employees Naomi Tejeda, Randy Scott, Rob Mendenhall and also Bob Benck, Woodbum
Fire District in their job well done throughout the planning and building process of their
facility.
PUBLIC HEARING
A. Zone Map Amendment 99-01 and Site Plan Review 99-02; Applicant, Orville &
Dorothy Krebs.
Chairperson Young opened the public hearing.
Staff read the applicable ORS statement and provided a presentation as reflected in the
Staff Report. Staff recommended approval.
Questions
Commissioner Gunderson commented that he could not imagine enough room to get the
three parking spaces #17, 18, and 19 in and the foliage in the corner.
Commissioner Lima questioned whether the parking lot would be widened or remain the
same?
Staff responded that the existing asphalt would be expanded to be able to accommodate
those spaces.
Commissioner Mill felt there is an excessive amount of parking for two/three bedroom
homes.
Staff explained that a two bedroom unit requires two parking spaces. He stated that they
find that the 20 parking spaces are pretty close to what is needed based on historic
precedents.
Vice Chairperson Cox referred to CPA Doman's letter and inquired as to what was the
relationship between Doman and this site?
Commissioner Gunderson interjected to say that Doman owns the buildings in the front.
Vice Chairperson Cox stated that he did not see a public notice posting anywhere on site
and asked Staff whether an affidavit has been filed?
Staff replied that there is an affidavit on file for this site.
Chairperson Young mentioned that he saw a sign on the Young Street side in front of the
apartments but not on the property that he could tell.
Vice Chairperson Cox referred to the list of conditions contained in the Staff Report and
asked Staff whether Staff anticipates these to be conditions of the Zone Change or
conditions of the Site Development Plan?
Planning Commission Meeting - April 8, 1999 Page 2 of 10
Staff stated that these are conditions of the Site Development Plan.
Vice Chairperson Cox questioned whether it would be permissible for the Commission to
grant the zone change but only for the construction of the duplex and not for all the range
of uses that are otherwise permitted in the RM Zone?
Staff responded that it can be conditioned to a specific type of use as was done with the
health care facility on Lincoln Street. He remarked that perhaps it is not necessary to
condition it because there is not much else that the applicant can do with it.
Vice Chairperson Cox referred to the zone map and inquired when and under what
circumstances was the zone change granted for Tax Lots #1700 & #1800 from single
family to RM zoning after the adoption of the zone map?
Staff could not recall any zone changes in this area. He stated that these have been in
place for a considerable amount of time because there are multi-family units there and
have been for several years.
Commissioner Mill asked whether the property owner of Lot #700 on Filbert St. has been
notified of this project?
Staff explained that all persons within 250 feet are notified through a mailing.
Ex Parts Contacts
Chairperson Young, Vice Chairperson Cox, and Commissioner Gunderson indicated that
they visited the site.
Testimony bv ADDlicant
George Wilhelm, Wilhelm Engineering, P.O. Box 561, Woodburn, OR informed the
Commission that he is representing the applicants Orville & Dorothy Krebs. He stated that
he has no reason to believe that the applicant will not go through with this project. Mr.
Wilhelm mentioned that the notice was posted by a member of his staff on the corner of
Gatch and Young Street. It was understood that this property would be considered part
of this project because it is owned by the same people and there is an easement which
would be granted for drive access.
Vice Chairperson Cox asked which is the correct Tax Lot number?. He referred to Exhibit
"C" and pointed out that the legal description is defective therefore, it would not be known
which property would be re-zoned if it were granted.
George Wilhelm said that the Tax Lot numbers are actually combined now.
Chairperson Young inquired whether there will be any plan for an enclosure type of
structure around the recycling area or whether the container would be out in the open?
George Wilhelm stated he was not sure that the architect has addressed this issue at this
Planning Commission Meeting - April 8, 1999 Page 3 of 1.0
time.
Chairoerson Young also asked whether the existing tree by the recycling area will be
removed and replaced with a new one?
Geoq:le Wilhelm could not answer this question at this time.
Testimony by Proponents
None
Testimony bv Om~onents
None
Commissioners continued their discussion while they waited for George Wilhelm to
respond with information regarding the property's legal description.
Discussion
Vice Chairperson Cox commented that he believed that the zone change itself should be
conditioned upon the construction of a duplex and not a more intense use. He also
inquired whether there were any comments from the Parks Department?
Staff responded that Parks did not incorporate anything in the Staff Report but that at the
time the building permit comes in it is required that the applicant pay $483 with all new
structures.
Vice Chairperson Cox added that he did not like to incorporate recommendations as
conditions of approvals and referred to the Police Departments recommendations
regarding the height of the strawberry bushes and trees.
Staff recommended that the Police Departments recommendations regarding the
strawberry bushes and trees can be stricken out of the recommendations.
Vice Chairperson Cox suggested that any lights that are placed in the rear of the duplexes
should somehow be shielded or directed so that they do not shine across into the houses
across the way.
~taff referred to condition item ~ of the Police Department recommendations and
explained that the Enhanced Safe Properties Program is a very important program in which
they are trying to get all multi-family complexes involved in.
Vice Chairperson Cox asked whether the government has the right to require that people
belong to this program before they could build an apartment or a duplex?
Staff replied that they have required it.
Commissioner Mill inquired if this applies to the other existing apartments or just to this
duplex?
8B
Planning Conuni~on Me.e. ting - ,4pril 8, 1999 Page 4 of 10
~taff responded that it applies to the complex itself.
Geor;le Wilhelm returned to the meeting with the deed for the Commission's review.
Vice Chairperson Cox reviewed the deed and stated that it contains a description that has
the same problem as Exhibit "C" but since the title company issued title insurance on it
then it should be okay. He also requested that copies of the deed be part of the record.
Hearing Closed
Chairperson YounQ closed the public hearing for Zone Map Amendment 99-01 and Site
Plan Review 99-02.
Commissioner Gunderson moved to approve the application for zone change with the
condition that it be approved for a duplex, and a recommendation to the City Council.
Commissioner Lima seconded the motion. Although Vice Chairperson Cox voted yes, he
voiced his concerns regarding the deficiencies contained in the notice and legal
description and explained that despite the contained deficiencies, he would vote yes
because it is a non-controversial application. He added that he votes yes with the
understanding that applications be tighter and that they contain no deficiencies.
Chairperson Young explained that he does not think that it is a good single family
residential property and therefore voted yes to make it a multi-family zone as a
recommendation to the City Council.
Motion carried.
Vice Chairperson (;ox moved to approve the site development plan subject to the re-
zoning going through with the conditions set forth in the staff report with the following
changes; modify the Police Departments conditions by deleting any limitation on the height
of trees; replace the Police Departments lighting recommendations with 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;, delete any reference to approval of Parks
recommendations since there are none. Commissioner Gunderson seconded the motion,
which carried.
B._,. Site Plan Review 99-01 and Lot Line Adjustment 99-01; Applicant, Woodbum
Animal Medical Clinic, Dr. Patrick L. Paradis, DVM.
(;hairperson Young opened the public hearing.
Staff read the applicable ORS statement and provided a presentation as reflected in the
Staff Report. Staff recommended that the building be moved a little bit to the north.
Questions
Vice Chairperson Cox referred to Mr. LaPointe's letter and asked Staff whether there was
anything from Gerald Wincom, Super 8?
Staff said no.
Vice Chairperson (;ox again referred to Mr. LaPointe's letter regarding a continuance and
8B
Planning Commffslon Meetlng - April 8, 1999 Page 5 of 10
inquired whether a continuance had to be granted by law?
Staff inquired whether the Chapters to be addressed by the Commission were being
addressed in Mr. LaPointe's letter?
Commissioner Mill commented that he felt the letter contained elements of a business
dispute rather than concerns with what would be criteria used to evaluate the project.
Vice Chairperson Cox was inclined to agree but he added that the law states that a
continuance be granted if someone requests for one.
Commissioner Lawson commented that if there is testimony submitted within that 7 day
period then before the final order is approved, then that testimony should then be
recognized. The opponent of the applicant should also have the opportunity to respond.
Staff explained that there are two options: continuance or leaving the record open.
Vice Chairperson Cox did not see how a decision could be reached if the record is not
complete.
Staff again read the ORS statement for the Commissioners.
Vice Chairperson Cox asked about the 120 day rule deadline?
Staff explained that the clock does not run until the application is complete.
Commissioner Lawson asked if anyone who participates in a public hearing is a
participant as mentioned in the legal instructions?
Staff responded yes.
Chairperson Mill stated that he did not see that either letter addresses what is in the scope
of the Commissions authority and recommended that the record be left open and proceed
with what they would normally be concerned with.
Chairoerson Youna clarified that this would be only for the site plan review. He explained
that the lot line adjustment will be taken care of by Staff and all the Commission has to do
in say yeh or ney.
Ex Parte Contacts
Commissioner Gunderson reported that he visited the site and spoke with Dr. Paradis.
Vice Chairperson Cox informed everyone that he is personally acquainted with Dr. Paradis
and that he has provided veterinary care for his pets. He felt that this would not prevent
him from making a fair decision.
Chairoerson Youna also stated that he has been by the site.
Planning Commission Mee~ng - April 8, 1999
Page 6 of 10
8B
Commissioner Mill said he too has been by the site and that he is personally acquainted
with Dr. Paradis. Additionally, he mentioned that Dr. Paradis also provides veterinary care
to his pets.
Commissioner Lima related he visited the site and that he personally knows Dr. Paradis.
Commissioner Gunderson requested clarification as to what process was being taken.
Chairperson Young explained that the record will remain open but that the hearing will not
be continued.
Commissioner Lawson requested that Staff have a final order ready that could be possible
used to go ahead and complete the work since most of the request for a continuance has
nothing directly to do with the conditions of this site plan review.
Vice Chairperson Cox.. agreed with Commissioner Lawson and added that perhaps Staff
could anticipate what the decision will be and prepare findings thus saving two weeks
waiting period.
Staff said that he could anticipate the decision and explained that it will be the same time
frame as if it were actually approved tonight.
Testimony by ADolicant
Patrick Paradis DMV, Woodbum Animal Medical Clinic narrated that he was bom and
raised in Woodbum and that he has been working in Woodburn since 1984. He stated
that the issue that has been brought up by Mr. LaPointe is really not something to be
decided by the Planning Commission and that it is a private issue between himself and
three other property owners around the project area.
Randy Saunders, RSSR Architecture, 9~5 Country Club Rd., Woodbum referred to Mr.
LaPointe's letter and the issue he raises regarding easements. Mr. Saunders also
discussed various options regarding drainage and sanitary catch basins.
Questions
Vice Chairperson Cox remarked that although it is a private easement, it has many of the
characteristics of a public street. He remarked that it was not entirely desirable to have
vehicles backing out into the public when they get out of their parking space.
Chairperson Young commented that he did not know whether the designated dumpster
area will be very accessible.
Commissioner Lima requested clarification in regards to the entrance.
Staff clarified that the entrance would be the one that faces Evergreen Street.
Commissioner Mill inquired about the grooming area.
8B
Planning Commffston Mcettng- April 8, 1999
Paqe 7 oE
Patrick parodis explained that he will be hiring a professional groomer as part of their
business. He further stated that he has not yet decided whether he will consider leasing
the area to a groomer or hiro an employee and make it part of his business.
Commissioner Lima asked if Dr. Paradis' practice is limited to small animals?
Patrick Paradis replied that he did not anticipate any large animal work at this site.
Testimony by Proponents
None
Testimony by Opponents
None
Public Hearing Closed
Chairoerson Youno closed the
submissions.
public hearing
and kept the record open for written
Discussion
Vice Chairperson Cox stated that he has not yet reviewed the details of the proposed
conditions by Staff but that it is basically an appropriate application. He added that a
decision can not be made tonight until Mr. LaPointe's submittal is received and whatever
response the applicant submits. Vice Chairperson Cox mentioned that these documents
will be before the Commission the next time and no further live testimony will take place.
Commissioner Mill said that he did not see nothing wrong with the plan as presented.
Chairperson Yount:l mentioned that a decision can not be reached tonight although the
Commission thinks that it is a groat project.
Staff reiterated that the record is left open for the opportunity for other people to provide
written testimony.
Vice Chairperson Cox interjected to ask Staff to send a letter and make a phone call to Mr.
LaPointe tomorrow to inform him that he has seven days to get in whatever he will be
submitting.
Staff said that he will. He added that this is date certain which means that it would be the
next regularly scheduled Planning Commission hearing at which point he will bring in
findings of facts back to the Commission and e final decision may be reached et that time.
Vice Chairperson Cox moved to acknowledge the Lot Line Adjustment 99-01 decision and
that they aro satisfied with it. Commissioner Lima seconded the motion, which
unanimously carried.
FINAL ORDER
8B
Planning Conunizdon Meeting - .4prfl 8, 1999 Page 8 of 10
Zone Map Change 98-06 from RS Single Family Residential to CR Commercial
Retail; Applicant, John Konovalov
Chairperson Young commented that he approves of the final order because he finds that
the conditions set forward by the Commission have been stated.
Commissioner Gunderson moved to forward the signed final order to the City Council.
Commissioner Lima seconded the motion. Motion carried with Vice Chairperson Cox
voting No.
DISCUSSION ITEMS
A.~. Discussion paper regarding Growth Goals & Annexations Goals, Policies,
Standards and Criteria.
Staff requested that the Commission review the document and make any corrections if they
do not like the way it reads. Staff explained that Part I, Growth & Annexation issues would
go into the Comprehensive Plan. He indicated that he is unsure as to how to incorporate
Part II into the Zoning Ordinance or if it will be a separate ordinance.
Chairperson Young commented that he thought that this project is coming along very well.
However, he referred to page 5, M-3, and requested that it read: The City's public facilities
now being built to be paid for by the system development charges from the anticipated
growth.
Staff reported that this policy will not solve the communities problems but that it might help
a little bit in slowing down growth.
B.~. Disposition of Van Lieu Court (Code Enforcement reports attached).
Staff informed the Commission that he has requested that Code Enforcement make repeat
visits to the locations.
REPORTS
A_.~. Buildin9 Activity for March 1999
Chairperson Young remarked that it seemed like a lot of building activity took place in
March.
BUSINESS FROM THE COMMISSION
Commissioner Lima inquired about the Planning Commission vacancies.
Staff announced that Frank Lonergan, whom has been on the Park Board and ran for the
Legislature, and Ellen Bandelow are being considered for the positions.
Chairperson Young requested a follow-up regarding the Salud building. He also informed
that the IOOF sign is looking loose.
Staff explained that he unaware of the status of this issue since he is not involved in the
City Council Executive sessions.
§B
Planning Commission Meeting - April 8, 1999 Page 9 of
Vice Chairoerson Cox asked Staff whether he had a chance to talk with the school people
regarding the chemical toilet?
~taff apologized that has not followed through with this issue but assured that he will talk
to the School Superintendent.
Commissioner Lawson presented his idea of perhaps date stamping the concrete sidewalk
in newly constructed subdivisions as a means of identification and neighborhood unity. As
a example, he referred to the neighborhood on Lincoln St. east of the railroad track past
Chemeketa Community College and stated that this neighborhood goes way back to the
early part of the century.
Commissioner Mill informed the Commission that he will not be attending meetings next
month because he will be gone for a month to Georgia for training.
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting. Commissioner Gunderson seconded
the motion and carried. Meeting adjourned at 9:30 p.m.
8B
Planning Commission Meeting - April 8, 1999
Page 10 of 10
$¢
WOODBURN WORLD'S BERRY CENTER MUSEUM: Regular meeting 4/14/99
I CALL TO ORDER: Pres., Vance Yoder called the mmeeting to
order at 1:00 p.m. Also present: Len Kelley, Ernie Livesay, Dale
Yuranek, Orrin Ostrom, Randy Westrick and Hazel Smith
II MINUTES: The minutes were accepted withthe correction of the
date of the Plaza dedication & name, Lillian Warzynski to 3/17/99
III TREASURE'S REPORT;
2/26/99 Wells Fargo balance .............. $2,971.49
2/11/99 Expense ...... U. S. Post Office... 50.00
3/23/99 Balance ......................... 2.921.49
17 Dollars "pot" money was given to the treasurer.
Communications: 1. Vance reported the Grange has invited
himself and Hazel Smith to discuss the Museum on 4/15/99 · 7:30
p.m. 2. Susan Bell of Or Historical Soc asked for inf¢~ation on
Woodburn. Vance will send the" Centennial" and" When Houses Had
~or ches".
IV UNFINISHED BUSINESS: 1. Checking Account remains until the
treasureer researches bank options. 2. The nice, new sidewalk
will be paid out of line item in Parks Department budget.
3. 2000 calendar year discussion 4. Len Kelley reported the
Chamber is the current window display; next Cinco de Mayo, June,
the girls/Boy Scouts & July, American Legion.
V NEW BUSINESS: 1. Len Kelley movedto contact Susan King onher
suggested monthly auction i~the vestibule of the BungalowTheater.
The asking rate will be IOZ of proceeds. The motion seconded and
passed. 2. Randy Westrick~ave out Centennial Park Tree Campaign
brochures: Memorial Day is set for the dedication. May 15th
volunteers are needed for "build a playground" 8 9:00 a.m.
VI ADJOURNMENT 2:00 p.m Next meeting May 12/99
Hazel Smith, recording Secretary
8D
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager /~5~
Declaration of Metal Poles as Surplus and Authorization of Donation to
a Local Church for a Parking Lot Basketball Court
April 20, 1999
RECOMMENDATION:
Declare two old metal poles that have not been used for approximately 18 years at
the city's wastewater treatment plant as surplus and authorize donation to a local
church for use in a parking lot basketball court.
BACKGROUND:
The metal poles were originally part of a scum baffle system for the clarifiers at the
wastewater treatment plant. The baffle system did not work as designed and was
removed from the clarifiers approximately 18 years ago and the poles have laid outside
at the plant since. Despite the years of outside storage they are in good condition.
There only value would be as scrap metal and would be less than $3.00.
A treatment plant employee who is a member of the Woodburn Alliance Church at
1420 Newberg Highway has requested donation of the poles so that he can install
them on the church's parking lot for recreational use of church members and the
community. The church has authorized the installation of the poles as basketball
hoops in their parking lot.
8E
from:
date:
subject:
Woodburn Recreation and Parks Department
Mayor and City Council via John Brown, City Administrator
D. Randall Westrick, Recreation and Parks Director ~
April 20, 1999
HB 3588 - Youth Activities Program
RECOMMENDATION:
Urge House Revenue Committee Chair, Ken Strobeck to hold a public hearing on HB 3588 to help
expand local after school programs for youth.
BACKGROUND:
At the 1998 League of Oregon Cities Annual Conference, the League devoted significant attention
to at-risk youth issues. As a part of this effort to focus concern on the State's youth, the League
adopted a resolution that outlined the League's direction to address the problems Oregon's cities face
in dealing with at-risk youth. The resolution cited the significant impacts that after school and school
break recreation programs can have to reduce juvenile crime. With this resolution the league resolved
to endorse and support "activities, including legislative funding proposals, that support at-risk and
minor youth in our communities."
HB 3588, sponsored by Representative Mike Lehman at the Oregon League of Cities request, seeks
to assist Oregon's cities efforts expand after school programs. The bill will raise cigarette tax by six
cents per pack to fund "city programs for after-school or school vacation programs for youth under
18 years of age." The bill also requires city's that receive money through establish a youth activities
advisory council.
Under a proposed funding model, the City of Woodbum could be eligible to receive $108,000 from
this program. These monies would be available to establish new and augment existing programs. The
Bill prohibits supplanting existing funding.
DISCUSSION:
League of Oregon officials are concerned that the Bill has yet to receive a hearing in the House
Revenue Committee. If the Revenue Committee does not conduct by April 30, 1999, the Bill will
die. Therefore, staffis recommending that the City Council urge Representative Strobeck to call a
hearing on the matter.
Attachments:
HB3588
Oregon League of Cities Resolution - "AT-RISK YOUTH"
Letter, Mayor Jennings
"An Ounce of Prevention"
~R 19 '99 09:53P~ ~ OF OR CITIES
P.~/3
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8E
8E
Proposed Resolution
AT-RISK YOUTH
WHEREAS, cities play an increasingly important role in juvenile role in juvenile crime
prevention, as the vast majority of youth crimes and at-risk behavior occur with city limits; and
WHEREAS, reducing juvenile crime is essential to having prosperous and productive
communities, given the increased an'est and incarceration rate of youth in Oregon; and
WHEREAS, it has become increasingly necessary for cities to participate in the
comprehensive community planning effort to provide services and effective policy provision to
benefit the youth of our communities; and
WHEREAS, fiscal constraints currently felt by many cities due to property tax reductions
have led to a loss of programs and services for youth, especially those that target the important
after-school and school-break hours; and
WHEREAS, collaboration amongst agencies, schools, associations, service providers and
public safety coordinating councils has become vital in order to most effectively serve youth and
at-risk youth in our communities;
NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities endorses and
supports activities, including legislative funding proposals, that support the at-risk and minor
youth in our communities; and
BE IT FURTHER RESOLVED that the League will continue to work with all interested
parties to serve at-risk and minor youth in Oregon.
Adopted by the Resolutions Committee, November 7, 1998
8E
April 20, 1999
Representative Ken Strobeck
Oregon House of Representatives
Office R-6 State Capitol
Salem, OR 97310
Dear Representative Strobeck:
The City of Woodbum has learned that liB 3588 has been p~s~.~t~.i~ government develop
effective after school and school break programs. The C~ty of Woodbu~i:i~ii~tio and Parks
Department has organi?ed programs and activities fo~:~!i~ple. W~:~!~ve. red that ~ese
programs are essential in keeping youth safe and ~ii~. crime an~i~mctave behavior.
Therefore, we urge you to conduct a hearing on :~'~8~::~!ig~b~:~::~d communities like ours, a
chance to expand and augment these impo~ ~rograrn$~!~
The programs and activities that local 1.o..~ servi~:~}~encies ~ throughout Oregon provide
benefits that go beyond having race ~:};~°r kidsi~~:do. Thes~:~rograms are essential components in
developing healthy communities ~3 to kee~i~ fi'om~'s way. Ofl~n when at-risk youth are
,Us ss uv le u ce, law: ent, i :: ii tion prog nter However,
recreation p~ present~e~portuniti~:~6i~t me problems that imperil our youth. These
programs ~ei~p:~ The ~::~ii~s one y~son through the juvenile justice system can provide
positive a~i~fi~::~ihundr~::::~i~mmunity-based recreation activities also provide a tremendous
opportunity ~::~i~:co~~i~gns for youth.
FIB 3588 dese~e~i~~O~. We'~i'°re urge you schedule a hearing for the Bill so that we can
work tog~::~'keeP'~~ple safe and offer them positive alternatives during the time when they
are not ::~i~hool.
s~rely, .ii~:.
MayOr -
8E
Ounce of Prevention is Worth a Pound o! Cure
Recent studies have shown that it costs about $30,000 to incarcerate a young person for
a year.
The Woodburn Recreation and Parks Department seeks to provide positive alternatives
to incarcerating kids. For that same $30,000, that same youngster could:
PARTICIPATE in organized soccer, baseball and basketball; LEARN to swim;
DISCOVER the joys of artistic dance; PLA Y on an attractive, safe and challenging
playground; SWIM over 300 times a year in a warm, clean and safe pool; EXPLORE
natural places; PLAY basketball 100 times a year; PERFORM a dozen times in two
musical productions; ACQUIRE SKILLS in discipline and self defense; accompany
FRIENDS to six dances; ENJOY a summer picnic with family in a cool, green park;
every day after school, GO to a safe place to finish homework, play with friends, or use
a computer. That young person could also TRAVEL to the coast, museums, and
amusement parks; ACHIEVE a paying job for the first time; GAIN skills to save lives;
CREATE arts & crafts projects; BECOME a leader and a volunteer; CELEBRATE our
diverse culture; and DEVELOP skills for tennis and golf.
This young person would be influenced by adults who are role models worthy of any
young person's emulation and who care about their safety, growth and success.
After this youngster has completed all this, we would return to you $29,937.50.
· 11A
COUNCIL BILL NO. ~ q~
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 10.0 ACRES OF
PROPERTY LOCATED NORTH OF VANDERBECK LANE AND WEST OF BOONES
FERRY ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM
MARION COUNTY ~IRBAN TRANSmON FARM" (UTF) TO CITY OF WOODBURN
"SINGLE FAMILY RESIDENTIAL" (RS); AND APPROVING THE PRELIMINARY
SUBDIVISION PLOT PLAT OF SAID PROPERTY; SUBJECT TO THE STANDARDS
AND CONDITIONS IMPOSED BY THE WOODBURN PLANNING COMMISSION;
AND DECLARING AN EMERGENCY.
WHEREAS, the Woodbum Comprehensive Plan and Zoning Map have established
certain land uses within the City of Woodbum's Urban Growth Boundary; and
wm~REAS, the Woodbum City Council has reviewed the record in Annexation Case
No. 98-01, Zone Map Amendment Case No. 98-01, and Subdivision Case No. 98-01 and
considered all public testimony previously presented; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by School District No. 103C, and is legally
described in Attachment "A".
Section 2. That based upon the staff report and the findings and conclusions contained in
Attachment "B", the subject property is hereby annexed into the City of Woodbum.
Section 3. That the Woodburn Zoning Map is hereby amended as to the property
described in Attachment "A' to this Ordinance from Marion County "Urban Transition Farm"
(UTF) to City of Woodbum "Single Family Residential" (RS) based upon the findings contained
in Attachment "B'.
Section 4. That the preliminary subdivision plat of said property is approved subject to
the conditions and standards approved by the Woodbum Planning Commission and based upon
the findings contained in Attachment "B".
Section 5. That the annexation, zone map amendment, and preliminary subdivision
approval herein are subject to the conditions contained in Attachment "C", attached hereto and
incorporated herein, that the Council finds reasonable.
Section 6. That this ordinance being necessary for the immediate preservation of the
Page 1 -COUNCIL BILL NO.
ORDINANCE NO,
public peace, health, and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon p~_ sage by the ~u~d approval by the Mayor.
City Attorney Date
Approved:
Richard Jennings, Mayor
Passed by the Counc'fl
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary T ennant City Recorder
City of Woodbum, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
EXHIBIT "F" '
llA
"ATTAOHMEN'r.~._ :.,
Page f of !
Beginning at a point which is 2914.2 feet South 89° 03' East ~nd
1559.6 feet South 1° 4?' West from the Northwest corner of the R.
Hurley Donation Land Claim in Township 5 South Range 2 West of the
Willamette Meridian in Marion County, Oregon~ thence North 1° 47'
East 830.9 feet~ thence East 524.25 feet~ thence South 1° 47' West
830.9 feet to a point which is 524.25 feet North 89° 57' East from
the place of beg~{~g~ thence South 89° 57' West 524.25 feet to
the place of beg4~ng.
Subject to the rights of the public in and to a strip of land
40.00 feet in width off the South side of the above described
tract.
,A, REO'D.
JAN 0 8 1998
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
Page i - Exhibit F to Annexation Petition
STAFF REPORT
ANNEXATION 98-01
ZONING MAP AMENDMENT 98-01
SUBDIVISION 98-01
IV.
APPLICANT:
Ken Sherman, Jr., for
Hidden Creek Properties
P.O. Box 21209
Keizer, Oregon 97307-1209
OWNER: School District No. 103C
NATURE OF THE APPLICATION:
The applicant has submitted applications to concurrently:
a. Annex 10.00 acres of territory to the City of Woodbum.
b. Rezone the subject property from Marion County Urban Transition Farm (UTF) to
the City of Woodbum RS o Single Family Residential.
c. Subdivide the subject property into a 46 lot single-family residential subdivision
named Heritage Park Meadows (See Attachment H and the applicant's narrative).
RELEVANT FACTS
The subject property is located within the Urban Growth Boundary and is contiguous to
the city limits. It is located north of Vanderbeck Lane and west of Boones Ferry Road.
The location is shown on the vicinity map of the proposed subdivision. The property
contains 10.00 acres.
The property was acquired by the School District as a potential school site. Based on the
pattern of development in the District and the location of existing schools, the District has
determined that the property is no longer required to fulfill school needs.
The development proposal is for a low density single-family residential subdivision.
Page ..~._ of~
The property must be annexed to be served with urban services and to be subdivided into
residential lots at an urban density. The owner has consented to annexation pursuant to
ORS Chapter 222.
The property is designated Residential Development - less than 12 units per acre on the
Woodbum Comprehensive Plan. Rezoning fi~m County UTF to City RS conforms with
this Plan designation. The request for a City R1S zone is appropriate for subdivision
development.
General characteristics of the property included:
Slope: Generally flat, sloping slightly to the north.
Vegetation: A field of grass.
Drainage: A storm drain exists on the west side of the property. See the
engineering plans.
Flood Potential: Located above the 100 year flood plain, [Zone C on the
FIRM (Flood Insurance Rating Map)].
Wetlands: None designated shown on the State Wetlands Inventory.
Sewage Disposal: Via the City Wastewater Treatment system. Gravity
collection with a connection to a new pump station at the southwest comer
of the property. See the engineering plans.
Water: City water. See the engineering plans.
Structures: None existing.
The school impact is estimated to be 25 students. This forecast is based on the District's
estimate of 0.54 students per lot for the proposed development. (The District's November
7, 1997 letter is included in the ease file.) According to the application, the nearest public
schools are Lincoln Elementary, French Prairie lVliddle School (both within 6 blocks) and
Woodbum Senior High (within 0.2 miles).
The proposal does not incorporate any park or open space. The park systems
development charge is applicable and will be paid in lieu of providing park space on-site.
RELEVANT APPROVAL CRITERIA.
VI. ANNEXATION
Statewide Planning Goals
1. Goal 2, Land Use Planning
2. Goal 7, Areas Subject to Natural Disasters and Hazards
3. Goal 10, Housing
4. Goal 11, Public Facilities and Services
5. Goal 12, Transportation
IlA
ANNEX 98-01, ZC 98-01 & SUB 98.01, HERITAGE PARK MEADOWS PAGE 2
VII.
VIII.
6. Goal 14, Urbanization
A'n'AGI-IM£NT~
Page ~ of ~
Bo
Woodbum Comprehensive Plan
1. Annexation Policy D-1
2. Growth and UrbaniTation Policies M-4, -5, -6, -7 & -8
3. Growth and Urbanization Policy M-11
ZONING MAP AMENDMENT
Ao
Woodbum Comprehensive Plan
1. Comprehensive Plan Designation
Woodbum Zoning Ordinance
1. Section 4.110. Zoning Newly Annexed Areas
2. Section 16.080(b). Burden of Proof
SUBDIVISION
Woodbum Comprehensive Plan
1. Residential Development Policies
2. Housing Goals and Policies
3. Public Services Goals and Policies
4. Growth and Urbanization Policies
Bo
Woodbum
1 .Chapter
2. Chapter
3. Chapter
4. Chapter
5. Chapter
Zoning Ordinance
8, General Standards
9, Residential Standards
10, Off Street Parking
22, Single Family Residential District
39, Mandatory Park Land Dedication or Cash-in lieu
C. Woodbum Subdivision Ordinance
D. Woodbum Transportation System Plan
E. Woodburn Access Management Ordinance
llA
VI.
ANNEXATION
A. Statewide Planning Goals
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 3
ATTAOH. I~I~qqT ~)
Page~ of _./.J2..~
1. Goal 2, Land Use Planning. To establish a land use plannh~g process and
policy framework as a basis for all decisions and ac~cions related to use of land and
to assure an adequate factual base for such decisions and actions.
Finding. The City has an established process for coordinating annexation
applications with other jurisdictions that may have authority. This proposal has
been coordinated with Marion County, Oregon Department of Tran.qportation and
the Department of Land Conservation and Development.
2. Goal 7, Areas Subject to Natural Disasters and Haznrds. To protect life
and property from natural disasters and hazards.
Finding. The property is not designated as flood prone on the FEMA Flood
Insurance Rating Map (FIRM). There is no known record of hazards on this
property.
3..Goal 10, Housing. To provide for the housing needs of citizens of the state.
Finding. The proposal after annexation is to subdivide the property and thereby
provide sites to build single-family homes.
4. Goal 11, Public Facilities and Services. To plan and develop a timely,
orderly and efficient arrangement of public facilities and services to serve as a
framework for urban and rural development.
Finding. Woodbum is a city that is capable of providing the public facilities and
services to support urban development. Public facilities are available to extend to
the property.
5. Goal 12, Transportation. To provide and encourage a safe, convenient and
economic transportation system.
Finding. The applicant has submitted a transportation analysis by ATEP. Please
see the comments in Attachment Al.
6. Goal 14, Urbanization. To provide for an orderly and efficient transition
from rural to urban land use.
Finding. The property is urbanizable because it is contiguous to the City, within
the Urban Growth Boundary and can be served by urban services and facilities.
Finding. All other Statewide Planning Goals are not applicable to this annexation
application.
IlA
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 4
Bo
Woodbum Comprehensive Plan
ATTACH
Page ~ of ~
1. Annexation Policy D-1. While it is important that enough land is available for
the necessary development anticipated in the City of Woodbum, it is also essential
to prevent too much land being included in the city limits as this leads to
inefficient, sprawling development .... the City should insure that there is a five
year supply of vacant land within the City.
Finding. The proposal is in keeping with the policy. The annexation is a logical
expansion of the City. It will serve to fill the need for additional housing and a
five year inventory of developable land. The City is contiguous on more than one
side, facilities can be reasonably extended, the residential use is the continuation
of a street and neighborhood pattern that was previously approved.
2. Growth and Urbanization Policies M-4,-5,-6,-7 and -8. These policies set
out the procedure for coordinating annexations.
Finding. As indicated under State Planning Goal 2 above, this coordination has
been accomplished.
3. Growth and Urbanization Policy M-11. Conversion of land within the
boundary to urban uses shall be based on a consideration of:
Co
Orderly, economic provision of public facilities and services;
Availability of sufficient land for the various uses to insure choices in the
market place;
LCDC Goals;
Applicable provisions of the Marion County and City Comprehensive
Plan.
Finding.
The provision of public facilities has been considered in the review of
Woodburn Comprehensive Plan Public Services Goals below and in the
review of the proposed subdivision by affected departments and districts.
bo
The need for additional residential land has been considered in the analysis
of Woodbum Annexation Policy D-1, above.
Co
The applicability of the LCDC (Statewide Planning) Goals has been
considered above.
d. The applicable provisions of the Marion County and the Woodbum
llA
ANNEX 98-01, ZC 98-01 & SIJB 98-01, HERITAGE PARK MEADOWS
PAGE 5
Comprehensive Plans have been considered below.
A*FrACHMENT_~._. IIA
Page c., of~
ZONING MAP AMEND~
A. Woodburn Comprehensive Plan
1. Comprehensive Plan Designation. The Woodbum Comprehensive Plan
designates the property for Residential Use at Less Than 12 Dwelling Units per
Acre.
Finding. The proposed rezoning to the Woodburn Residential Single Family
District is compatible with the existing Comprehensive Plan use designation.
B. Woodbum Zoning Ordinance (WZO)
1. Section 4.110. Newly Annexed Areas. Any area or part of an area hereat~er
annexed to the City shall be placed and classified in a zone that reflects the
designation of said area on the officially adopted [Comprehensive Plan] Land Use
Plan. The Commi-qsion shall hold a Public Hearing and make a recommendation
to the Common Council for the appropriate zoning for any such area.
Finding. The proposal conforms with this requirement. The proposed City zone
conforms with the Woodbum Comprehensive Plan, as found in "VII.A." above.
The Commission has scheduled a public hearing on the matter.
2. Section 16.080(b). Burden of Proof. To support a zone change, the applicant
shall:
(1) Show there is a need for the use proposed;
Finding. The applicant states that the need exists for additional residential
land within the City limits. The City of Woodburn has been rapidly
increasing in population over several years. The demand for residential
land and housing has increased with population growth.
The City's Annexation Policy D-1 calls for a five year supply of vacant'
land within the City. This ten acre proposal is needed to sustain this level
of supply.
(2) Show that the particular piece of property in question will best meet
the need.
Finding. The proposed use is for low density residential at a density of
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE.PARK MEADOWS PAGE 6
vm.
less than 12 dwellings per acre.
ATTAOI'LME~--~-_._
Page'/ of ../..{~_._
There is a need for land in this land use designation to keep pace with the
demand for single-family residential use in the City. Not only does the
proposal serve the basic need for this type of use, but the location makes
lower density residential use the best designation. The property is located
at the edge of the Urban Growth Boundary. It is adjacent to the existing
Woodbum Estates and the developing Miller Links and Heritage Park
subdivisions. A low density residential land use designation will complete
the neighborhood pattern that has been established and which is
encouraged by the Comprehensive Plan (Residential Policy A- 1).
SUBDMSION
A. Woodbum Comprehensive Plan
1. Residential Development Policy A-1. Residential areas should be designed
around a neighborhood concept. Neighborhoods should be identifiable units
bounded by arterials, non- residential uses, or natural features of terrain. The
neighborhood should provide a focus and identity within the community and
should have a community facility, such as a school, park, or privately owned
community facility to allow for interaction within the neighborhood.
Finding. The proposed subdivision is a logical expansion of a single-family
residential neighborhood in the area recently approved for Miller Links
Subdivision on the east and Heritage Park Subdivision on the south.
The proposal abuts the well established Senior Estates on the west. Senior Estates
has a unique identity both physically with a self contained golf course and as a
social community for senior residents. It functions as a separate neighborhood.
Recognizing these factors, a "neighborhood compatibility fence" should be
installed by the applicant along the common boundary as a demarcation of the two
distinctly different residential areas.
2. Residential Development Policy A-2. Living Environment - Developments
in residential areas should be constructed in such a way that they will not seriously
deteriorate over time. Zoning ordinances should be strictly enforced to prevent
encroachment of degrading non-residential uses. Construction standards in the
State Building Code shall be vigorously enforced and if necessary, additional
standards the City determines should be imposed to insure non-degrading housing
units, should be encouraged by the City.
Finding. The City actively enforces the existing codes and ordinances regarding
residential development and housing. Specific conditions are attached to land use
I1A
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 7
ATTACI'~MENT~ I.!A
Page ~'"J of~
decisions to ensure unique situations are adequately addressed at the time of
development.
3. Residential Development Policy A-3. Development should promote, through
the use of moderate density standards and creative design, a feeling of openness
and spaciousness with sufficient landscaped area and open space to create a
pleasant environment.
Finding. The proposal is for a subdivision of moderate density. The openness is
provided by lots ranging in size from 6000 to 8700 square feet. Landscaping will
be at the pleasure of individual home owners.
4. Residential Development Policy A=4. Streets in residential areas should be
used by residents for access to collectors and arterials. Residential streets should
be designed to minimize their use for through traffic, however, whenever possible
dead-end streets and cul-de-sacs should be avoided.
Finding. The subdivision abuts Vanderbeck Lane, with two residential streets
that form a loop accessing the Lane. The connection between Vanderbeck Lane
and Astor Way is presently closed..
5. Residential Development Policy A-5. Residential developments should strive
for creative design which will maximize the inherent values of the land being
developed and encourage slow moving traffic. Each residential development
should provide for landscaping and tree planting to enhance the livability and
aesthetics of the neighborhood.
Finding. The layout of the proposed subdivision conforms with the surroundings
and the site. It conforms to the shape of the parcel, the fiat terrain of the area and
the semi-grid street pattern of adjoining subdivisions.
To foster the livability and aesthetics of the area, street trees should be required on
the perimeter streets: Vanderbeck Lane, Declaration Street and Freedom Lane.
This a continuation of the pattern set in the adjoining Miller Links Subdivision.
6. Public Services Policy H-1. Public facilities and services shall be appropriate
to support sufficient amounts of land to maintain, an adequate housing market in
areas undergoing development or redevelopment.
Finding. The comments of the Departments of Public Works, Water/Wastewater,
Building, Police and Recreation & Parks, and the Fire District are attached to this
report.
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 8
Page.__'2.- of../.~ llA
a. The Police and Building Departments had no comments.
The Water/Wastewater Department and the Fire District comments stated
that the development must adhere to the standards of these agencies.
The Recreation & Parks Department comments indicate that a cash
payment in lieu of park land is appropriate.
do
The Public Works stated specific requirements and recommendations in
addition to implementing normal standards.
7. Transportation Policy K-l-1. Develop a transportation system that
interconnects residential areas with employment centers, commercial areas,
schools, parks, churches and regional transportation networks.
Finding. The subdivision is an infill property within thc city's urban growth
boundary. Consequently the street plan completes a residential street pattern
established by previously approved subdivisions on the east and the south. Since
the applicant is also the developer of Heritage Parks Subdivision on the south, a
modification of that subdivision is proposed to assure appropriate intersection
alignments along Vanderbeck Lane for both subdivisions.
Lots in the proposed subdivision are connected with major traffic destinations and
traffic generators throughout the City by two routes. One is via Vanderbeek Lane
to Boones Ferry Road on the east. The other would be the continuation of
Declaration Street to the south so that it can connect with Independance Avenue
in the Heritage Park Subdivision to Country Club Road.
8. Growth and Urbanization Policy M-1. To insure the growth is orderly and
efficient, the City shall phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public services should be
in accordance with the master plans in the Comprehensive Plan.
Finding. The City departments and the fire district that are responsible for public
facilities and services to support the subdivision have had the opportunity to
review the proposal. Based on the conditions pertaining to the subdivision
recommended by these agencies, the proposal conforms with the policy.
B. Woodbum Zoning Ordinance
Chapter 8 General Standards
Section 8.010. Minimum Street Width. All street right-of-way shall be not less
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS
PAGE 9
ATTAOH._M ENT- ,~
Page ...I.(J_ of ~
tham
llA
Co) Through streets, 60 feet.
Finding. The Public Works Department commented that the minimum right of
way width shall be 60 feet in width for Declaration and Freedom Lane and 50 feet
in width for Revere Street. The narrow street standards adopted in the Woodbum
Transportation System Plan, allow for the 50 foot width and supersede those in
the Zoning Ordinance.
Section 8.040. Special Setback Distances. (29) Vanderbeck Lane, Umpqua Road
to East City Limits: 30-feet.
Finding. Vanderbeck Lane will be dedicated with a full right of way of 60-feet at
the time of final platting and will be fully improved abutting the subdivision.
Consequently, the special setback, which is measured from the center line of the
furl'shed street will have no effect on development within the subdivision.
Chapter 9, Residential Standards; Chapter 10, Off Street Parking; Chapter
22, Single Family Residential District.
Finding The subdivision process is directed at the creation of building lots that
meet the standards of the Zoning and Subdivision Ordinances. The standards
regarding setbacks, yards, fence location, building height and off street parking
are all site development standards addressed for each new home at the time of
building permit review.
Section 22.080. Lot Area and Width. In the RS District the minimum
requirements for lot area shall be 6,000 square feet for each dwelling and every lot
shall have a minimum width of sixty feet at the front building line.
Finding. All of the lots in the proposed subdivision meet these standards.
Chapter 39. Park Land Dedication and Cash-in lieu. The developer is
responsible for park land systems development charge based on the number of lots
in the subdivision.
Finding. Under Chapter 39, the developer must pay cash-in lieu of acreage with
the option of making a single payment, or to pay a pro rata share with each
building permit that is issued.
C. Woodbum Subdivision Ordinance
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS
PAGE 10
age ~! of~
Section 12.A. General Street Standards. Location width and grade of all
streets shall be considered in their relation to the existing and planned s~ets, to
topographic conditions, to public convenience and safety, and their appropriate
relation to the proposed use of the land to be served.
Finding. The street layout has been reviewed and found to continue both the
major and residential street pattern set for the area by existing and proposed
streets.
Section 12.B. Minimum Right of Way Widths.
Finding. The right of way width requirements of this ordinance have been
superseded by those in the Woodburn Transportation System Plan.
Section 12.F. Intersection Angles.
Finding. All proposed intersections are at right angles and comply with this
standard.
Section 12.G. Street Names.
Finding. Two of the streets are the continuation of existing streets, Vanderbeck
Lane and Freedom Lane, and are named accordingly. The Fire District has not
indicated any problems with the names Declaration and Revere Street.
Section 12.H. Grades and Curves.
Finding. The Public Works Department makes the findings regarding the
geometries of the street layout. See the Department's comments.
Section 13. A. Blocks.
Finding. The shape of the block created by the street pattern has been made with
due regard to the pattern of adjoining existing blocks, topography, for the
proposed use, and access.
The proposed block is less than 1200 feet in length and conforms with the
ordinance.
Section 13.B. Lots.
Finding. Proposed Lots 11, 12 &13 each .front-on a curved right of way with a
50-foot radius. The minimum frontage width for each lot meets or ex~xts the
llA
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 11
standard of 40-feet.
ATTAOHMENT .)~
page
All interior lots (fronting only one street) meet or exceed the minimum lot width
of 60-feet.
All comer lots meet or exceed thc standard of a minimum 80-foot width.
Sections 14, 15, 16, 17 & 18. Easements, Utilities, Improvements and
Monuments.
Findings. All these factors are addressed in the Public Works Department
comments.
D. Woodbum Transportation System Plan
9.2.1 Functional [Street] Classification
Finding. Vanderbeck Lane and all of the streets within the subdivision are
classified as "Local Streets."
9.2.2 Street Standards
Finding. The Plan reflects the improvement standards for the local residential
streets that are proposed and the existing Vanderbeck I. ane. The plan also
introduces new standards that allow for narrower residential streets (Figure 30).
In this subdivision, these narrower standards apply to Revere Street. Depending
on the extent to which on-street parking is permitted, the curb to curb
improvement is reduced from the traditional 34-foot width to either 27- or 22-feet
in width. The reduced width for the improvement can be accommodated in a 50-
foot right of way.
9.5 Bicycle Facilities Plan
Finding. Figure 34, Bicycle Facility Plan, shows Vanderbeck Lane as part of a
new on street bike system. As a local street, this designation provides for bike
lanes in that portion of the improved street typically used for on-street parking.
E. Woodburn Access Management Ordinance
Section 2. Applicability. The ordinance is directed at private access to public
streets. It is applicable to streets defined in Table 1 (i.e., major arterial, minor
arterial, service collector and access streets).
llA
ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS
PAGE 12
EXHIBIT
g~A~
FINDINGS AND CONCLUSIONS
llA
ATTAOI-[M~q'F~
The Woodbum Comprehensive Plan Map designates the property of 10.0 acres
located west of Boones Ferry Road and north of Vanderbeck Road and specifically on
Marion County Assessor Map TSS, RIW, Sec. 6C Tax Lot #500 as within the City of
Woobum's Urban Growth Boundary.
Ao
Annexation
1. Finding: The City has an established process for coordinating annexation
applications with other jurisdictions that may have authority. This proposal
has been coordinated with Marion County, Oregon Department of
Transportation and the Department of Land Conservation and Development.
Finding: The property is not designated as flood prone on the FEMA Flood
Insurance Rating Map (FIRM). There is no known record of hazards on this
property.
3. Finding: The proposal after annexation is to subdivide the property and
thereby provide sites to build single-family homes.
m
Finding: Woodbum is a city that is capable of providing the public facilities
and services to support urban development. Public facilities are available to
extend to the property.
5. Finding: The applicant has submitted a transportation analysis by ATEP.
Sm
Finding: The property is urbanizable because it is contiguous to the City,
within the Urban Growth Boundary and can be served by urban services and
facilities.
7. Finding: The applicability of the LCDC (Statewide Planning) Goals
(2,7,10,11,12,14) have been considered.
8. Finding: All other Statewide Planning Goals are not applicable to this
annexation application.
CONCLUSION: The applicants request meets the applicable cdteda for annexation.
FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS
Page 1
ATTACHMENT I
A'I"TAOH~IENT--,~
Woodbum Comprehensive Plan and Map
Finding: The City's Annexation policy D-1 calls for a five year supply of
vacant land within the City. The annexation is a logical expansion of the
City. It will serve to fill the need for additional housing and a five year
inventory of developable land. The City is contiguous on more than one
side, facilities can be reasonably extended, the residential use is the
continuation of a street and neighborhood pattern that was previously
approved.
Finding: The provision of public facilities has been considered in the review
of Woodburn Comprehensive Plan Public Services Goals and in the review
of the proposed subdivision by affected departments and districts.
CONCLUSION: The need for additional residential land has been considered in the
analysis of Woodbum Annexation Policy D-I.
Ca
Zoning Ordinance
1. Finding: The proposed rezoning to the Woodburn Residential Single
Family District is compatible with the existing Comprehensive Plan use
designation.
2. Finding: The proposed use is for Iow density residential at a density of less
than 12 dwellings per acre.
CONCLUSION: The applicants proposal to amend the zone map from Marion County
Urban Transition Farm (UTF)to Single Family Residential (RS) is in keeping with the
comprehensive plan.
Subdivision
1. Finding: The proposed subdivision is a logical expansion of a single-family
residential neighborhood in the area recently approved for Miller Links
Subdivision on the east and Heritage Park Subdivision on the south.
Finding: The City actively enforces the existing codes and ordinances
regarding residential development and housing. Specific conditions are
attached to land use decisions to ensure unique situations are adequately
addressed at the time of development.
Finding: The proposal is for a subdivision of moderate density. The
openness is provided by. lots ranging in size from 6000 to 8700 square feet.
Landscaping will be at the pleasure of individual home owners.
IlA
FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS ]:)age 2
ATTACHMENT I
10.
Finding: The subdivision abuts Vanderbeck Lane, with two residential
streets that form a loop accessing the Lane. The connection between
Vanderbeck Lane and Astor Way is closed.
Finding: The layout of the proposed subdivision conforms with the
surroundings and the site. It conforms to the shape of the parcel, the fiat
terrain of the area and the semi-grid street pattern of adjoining subdivisions.
To foster the livability and aesthetics of the area, street trees are required on
the perimeter streets: Vanderbeck Lane, Declaration Street and Freedom
Lane. This is a continuation of the pattem set in the adjoining Miller Links
Subdivision.
Lots in the proposed subdivision are connected with major traffic
destinations and traffic generators throughout the City by two routes. One is
via Vanderbeck Lane to Boones Ferry Road on the east. The other is the
continuation of Declaration Street to the south so that it can connect with
Independence Avenue in the Hedtage Park Subdivision to Country Club
Road.
Finding: The City departments and the fire district that are responsible for
public facilities and services to support the subdivision have had the
opportunity to review the proposal. Based on the conditions pertaining to the
subdivision recommended by these agencies, the proposal conforms with
the policy.
Finding: The Public Works Department commented that the minimum right
of way width shall be 60 feet in width for Declaration and Freedom Lane and
50 feet in width for Revere Street. The narrow street standards adopted in
the Woodbum Transportation System Plan, allow for the 50 foot width and
supersede those in the Zoning Ordinance.
Finding: Vanderbeck Lane will be dedicated with a full right of way of 60-
feet at the time of final platting and will be fully improved abutting the
subdivision. Consequently, the special setback, which is measured from the
center line of the finished street will have no effect on development within
the subdivision.
Finding: The subdivision process is directed at the creation of building lots
that meet the standards of the Zoning and Subdivision Ordinances. The
standards regarding setbacks, yards, fence location, building height and off
street parking are all site development standards addressed for each new
home at the time of building permit review.
11A
FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS Page 3
ATTACHMENT I
ATTACHMENT
Page /~ of
11. Finding: All of the lots in the proposed subdivision meet these 6,000 square
foot standards.
12.
Finding: Under Chapter 39, the developer must pay cash-in-lieu of acreage
with the option of making a single payment, or to pay a pro rate share with
each building permit that is issued.
13.
Finding: The street layout has been reviewed and found to continue both
the major and residential street pattern set for the area by existing and
proposed streets.
14. Finding: All proposed intersections are at right angles and comply with this
standard.
15.
Finding: Two of the streets are the continuation of existing streets,
Vanderbeck Lane and Freedom Lane, and are named accordingly. The Fire
District has not indicated any problems with the names Declaration and
Reve~'e Street.
16.
Finding: The shape of the block created by the street pattern has been
made with due regard to the pattem of adjoining existing blocks, topography,
for the proposed use, and access.
17.
Finding: Proposed Lots 11, 12 & 13 each front on a curved right of way
with a 50-foot radius. The minimum frontage width for each lot meets or
exceeds the standard of 40-feet.
CONCLUSION: The applicants subdivision proposal meets the criteria as required in
the Woodburn Subdivision Ordinance.
Woodburn Transportation Plan
1. Finding: Vanderbeck Lane and all of the streets within the subdivision are
classified as "Local Streets."
Finding: Figure 34, Bicycle Facility Plan, shows Vanderbeck Lane as part
of a new on street bike system. As a local street, this designation provides
for bike lanes in that portion of the improved street typically used for on-
street parking.
CONCLUSION: The Transportation Standards are met.
11A
FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS Page 4
ATTACHMENT I
llA
EXHIBIT
CONDITIONS OF APPROVAL
ATTACHMENT C..
Page [ of~
o
Final subdivision approval is subject to the annexation and rezoning of the subject
property.
Street trees, of species approved by the City, shall be planted along Vanderbeck Lane,
Freedom Lane and Declaration Street prior to final occupancy.
Street lighting shall be designed to the satisfaction of the Police Department and shall
be installed at the time of street construction.
A continuous good neighbor fence, designed to comparable standards as the fence
installed in Heritage Park Subdivision, shall be constructed along the entire west line
of the subdNision pdor to the issuance of the first building permit for a house abutting
the fence (Lots 1 through 12 on the preliminary plat.).
Sidewalks constructed along streets with 60-foot dghts of way shall be located on the
property line for freedom lane and Declaration Street. Those with 50 foot dghts of way
(Revere Street) shall have curb line sidewalks.
The subdivision shall be improved with the easements, dghts of way, public facilities
and other requirements and described in the Public Works Department and Fire
Distdct comments, Attachments A and B.
7. On-site construction shall not commence until:
The improvement plans have been reviewed for compliance with Public Works
Department standards and specifications.
The developer designs and guarantees the installation of all infrastructure
necessary to support the development. All lines shall be sized and located to
provide capacity to the service area, as reviewed and approved by the Public
Works Department
c. All right of way permits are issued.
Pursuant to Section 6 of the Subdivision Ordinance, the owner shall enter into an
improvement agreement with the City. That agreement, including a maintenance bond,
shall bind the developer to maintain all improvements accepted by the City for one
year. The maintenance bond shall equal 10 percent .of the cost of all such
FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS
-. . ATTACHMENT I
Page 5
ATTACI~M£NT ~
improvements. Page ~ of ~
9. Prior to submittal, to the Planning Commission for final approval.
a. The proposed final plat shall be reviewed and approved by the Public Works
and the Planning Departments and shall be signed by the Cit~ Engineer.
b. All systems development charges arid park fees shall have been paid.
10. Upon recordation of the final plat the owner shall:
a. Provide the Public Works Department with a reproducible mylar of the final
recorded plat that is in substantial conformance with the tentative plan.
b. Provide the Planning Department with three (3) copies of the recorded plat.
11. That street construction not be paved beyond west from the interse~ion with
Declaration Street and Vanderbeck.
12. The property, on the south of Vanderbeck in the Heritage Park Subdivision preliminar~
plat be modified to provide connecfivi~ directly across to Declaration Street.
1.1A
FINDINGS & CONCLUSIONS ANNEX 98-01. ZC 98-O1 & SUB 98-O1, HERITAGE PARK MEADOWS PAGE
Page 6 Page 6
ATTACHMENT I
SUBDMSION REVIEW
HERITAGE PARK MEADOWS
ATTACHMENT,
IlA
GENERAL CONDITIONS:
1. Final plan shall conform to the construction plan review procedures and standards.
The subdivision shall be platted according to standard surveying practice, approved and
recorded with Marion County.
Applicant to provide for the installation of all franchised utilities and shall provide any
required easements on the final plat. Street lighting shall also be provided, as per PGE
plan schedule "B".
The Owner/Applicant will be required to enter into an improvement agreement as outlined
in the Woodbum Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the
final plat. Also, prior to construction of the subdivision commencing the city will require
approved c6nstruction plans, a performance bond and construction permit fee's paid.
Existing on-site water wells or sewage disposal systems will be abandoned in accordance
with state regulations.
All city maintained facilities located on private property will require 16 foot wide
easements.
Construction shall conform to the City of Woodbum standard specifications and all state
building codes.
STREET AND DRAI~IAGE:
The interior improved street widths shall be 34 feet curb to curb, the minimum Right of
Way width shall be 60 feet in width for Declaration ("A") and Freedom Lane ("C") and 50
feet in width will be acceptable for Revere Street ("B"), all streets shall include a 10 foot
public utility easement each side.
Vanderbeck Road shall be improved in conformance with city standards from Boones
Ferry to the existing improved portion of Vanderbeck near west boundary of this
development. The permanent barricades shall remain at their present location, the
improvement width shall be 34 feet curb to curb.
Dedicate to the city an additional 20 feet of Right of way along Vanderbeck Road adjacent
to this development.
On-site storm mnoff detention meeting city standards will be required. If a detention podn
is used proposed, it shall be maintaned by the homeowners association.
ATTACHMENT A
The storm system as proposed connecting to the existing storm sewer main along the west
property line will require proper utility easements to be provided to the city, a minimum
16 foot easement between lots 11 and 12, 20 feet wide utility easement along the west
boundary line. In addition to storm sewer, they may provide for future sanitary sewer
improvements.
llA
WATER:
The interior water main shall be sized in accordance with flow and fire protection
requirements, it appears however an 8" dia. main will be needed for the outside loop and
depending on fire hydrant locations, a 6" diameter on Revere Street.
A 12" diameter main will be required within Vanderbeck Road, from the existing 12"
diameter main on Boones Ferry road to existing 10" diameter in Vanderbeek Road.
3. See Wastewater/Water comments in regard to cross connection requirements
Fire hydrant locations and fire protection requirements shall be as per the Woodburn Fire
Districts conditions of approval.
SANITARY SEWER:
The Wastewater Facilities plan identifies a large gravity sewer or a new lift station to be
constructed in the capitol improvement plan to serve this area. It is currently not designed.
However, land dedication will help establish the future location thus planning of the citys
pump station. This development is proposing to utilize a temporary pump station until
such time the new lift station and/or gravity main is constructed. City staffrecommendSthe
permanent solution be constructed to serve this development. The applicant will be
required to provide the following.
In consultation with city staff identify and provide sufficient property in the form
of dedication for the location of the permanent lift station site. This dedication may
be necessary prior to development being platted, in addition any dedication for the
permanent pump station would be considered a portion of the fair share cost.
The developer shall be responsible for their fair share cost of construction for the
permanent solution, the city after obtaining City Council approval, will fund the
remaining construction cost, prior agreement would be necessary.
If the city at time of development, does not have the funding required for the
permanent lift station, a temporary pump station may then be permitted to be
installed near the future pump station permanent site, entire cost of constructing
and maintaining the temporary pump station is to be borne by the developer.
A?'rAOHMENT ~
Proper regulatory submittal and approvals shall be obtained, such as the
Department of' Environmental Quality.
The gravity system shall also be designed to provide for fisture needs
llA
The gravity system installed within Declaration Street shall be of sufficient depth to
serve by gravity the existing pump station located at the Southeast corner of the
mobile home park.
For additional requierments for gravity sanitary sewer easements see conditon
five, streets and drainage
11B
cou c BmL NO. 1960
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION ON CERTAIN
PROPERTY LOCATED AT 1310 AND 1340 HIGHWAY 99E FROM SINGLE FAMILY
R IOENTIAL (RS) TO COMMERCIAL RETAIL (CR); AMENDING THE
WOODBURN ZONING MAP AND DECLARING AN EMERGENCY.
WHEREAS, the applicants, Yacov and Nina Konovalov, submitted Application No. 98-
06 for a zone change from Single Family Residential (RS) to Commercial Retail (CR); and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on March
11, 1999, and recommended that the City Council approve said application; and
WHEREAS, the Woodbum City Council conducted a de novo public hearing on April
12, 1999 and heard testimony on said application; NOW, THEREFORE
CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Yacov and ~ma Konovalov and is
described u follows:
PARCEL 1. (SHOP AT 1340 N.. PACIFIC HI4T, WOODBUPdV, OR 97071)
Beginning on the Easterly right of way line of the 1932 relocated Pacific Highway in Township 5
South, Range I West of the Willamette Meridian, Marion County, Oregon, at a point which is
114.18feet South 87° 15'East and 314.81feet North 31°50' East from a stone set on the West
line of the Christopher Cooley Donation land Claim in said Township and Range, said stone
being 8.95 chains North 24° East from the Southwest corner of said Cooley Claim; thence North
31 °50'East along the F_z~erly line of said Pacific Highway 170. OO feet; thence South 89040,
East lOlO.82 feet; thence South 31055, West 170. OO feet; thence North 89040, West lOlO. 61feet
to the place of beginning.
PARCEL 2. (RENTALAT 1310 ~ PACIFIC HWY, WOODBURN, OR 97071)
Beginning on the Easterly line of the 1932 relocated Pacific Highway in Township .5 South,
Range I West of the Willamette Meridian, Marion County, Oregon, at a point which is 170.00
feet North 31°50' East and 114.18feet South 87015, East.from a point on the West line of the
Christopher Cooley Donation Land Claim in said Township and Range, said point being North
24° East 8. 95 chains from the Southwest corner of the said Cooley donatio~
Section 2. That based upon the Findings and Conclusions contained in Exhibit "A"
attached hereto, the zone designation on the subject property is hereby changed from Single
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
11B
Family Residential (RS) to Commercial General (CG).
Section 3. That the Woodburn Zoning Map is hereby amended to designate the subject
property Commercial General (CG).
Section 4. This ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this ordinance shall take effect immediately upon passage by
the Council and approval by the Mayor.
City Attorney Date
Approved:
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
EXHIBIT "A"
~XHIBIT
Page I, of
I1B
FINDINGS AND CONCLUSIONS
FINDING:
1. The subject properties are two abutting lots with frontage on Hwy. 99E. The two lots
contain about 6.67 acres. The lots are approximately 1000 feet deep. Approximately
500 feet of depth fronting on Hwy. 99E are currently zoned CR. The remaining 500 feet
of depth is zoned RS.
FINDING:
2. The site contains a mixture of small structures and uses. The existing commercial
frontage is used primarily by an upholstery shop. There is also another commercial
structure, a house and a contractor's trailer located on the frontage. To the rear are
two small dwellings. A third, or more, of the site that abuts the residential area on the
east is used for greenhouses.
FINDING:
3. The property abutting the subject property on the north is zoned CR for its entire 1000-
foot depth. The current use is Chu's Eatery.
FINDING:
4. The property abutting on the south is alsolO00 feet in depth, with the frontage zoned
for commercial and the rear zoned for single'~family residential use. The property is
used by Al's Nursery, with a retail store in the commercial frontage and greenhouses
in the rear.
FINDING:
5. The rear of the subject property abuts the Country Acre Estates subdivision. Six single-
family lots abut the subject property. All but one is developed with a single-family
residence.
FINDING:
6. The proposed change in the Plan Map from a Single Family Residential zone to a
Commercial Retail zone fulfills a demonstrated public need. It represents
implementation of the Woodbum Comprehensive zone. The Plan has designated the
subject area as Commercial since its inception.
FINDING:
7. The portion of the subject property that is currently zoned for single-family residential
use is not well suited for that purpose. The abutting subdivision on the east was not
designed to allow this use to extend on the subject property.
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 1 of 4
FINDING:
8.
Any residential use would extend into a Commercial area, as shown on the Plan. Such
a use pattern would be incompatible with the intent of the Plan. Access to the west,
through the commercial area, is not well suited a single family residential use either.
Such access would traverse the commercial area and would not relate to the abutting
commercial uses.
llB
FINDING:
9. The need for additional commercial land to reinforce one of the four commercial
concentrations identified in the Comprehensive Plan. Hwy. 99E was established as a
commercial corridor years ago. Allowing the full depth of the subject property to
develop for commercial use not only reinforces this commercial area but also
concentrates the commercial use. This tends to off set the pressure to expand the
linear commercial pattern along the Highway. It strengthens the shopping pattern for
existing commercial uses and avoids the proliferation of commercial uses in a
dispersed pattern that lacks the mutual support of like uses.
FINDING:
10. The subject property is located in one of the four major commercial areas identified in
the Plan. Consequently the expansion of potential commercial use in this area is
consistent with the Plan.
FINDING:
11. Highway 99E (the Pacific Highway) is designated a Major Arterial in the
Transportation System Plan. The proposal is therefore consistent with the
comprehensive plan policy.
FINDING:
12. The specific use for the subject property has not been specified by the applicant.
Consequently, at the time a specific development proposal is made the Site Plan
Review will provide the opportunity to appropriately condition the development to
assure it is compatible with abutting uses and also the access pattern along Hwy. 99E.
Specific concerns to be addressed at that time include the following:
1. The height of proposed buildings near the residential use with respect to
privacy and shadows.
2. Prohibition of building openings abutting the residential use to minimize
noise intrusion.
3. An appropriate solid wall or fence abutting the residential use for security
and noise attenuation.
4. Access for the two subject properties designed as one integrated plan
consistent with the Access Management Ordinance.
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 2 of 4
Page
5. The site plan proposal shall allow for the full utilization of the property.
FINDING:
13 The location of the land currently designated single family residentialis not consistent
with the neighborhood concept of residential development. It is a residential projection
into a commercial area Access patterns do not tie it into the existing neighborhood.
The boundary with the commercial uses does not build a sense of residential identity.
CONCLUSION:
The applicant's request
Comprehensive Plan
is in keeping with the goals and policies of Woodburn's
liB
FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 3 of 4
City of Woodburn
Police Department
270 Montgomery Street
Date: April 21, 1999
From: Ken Wright, Chief o
To: Mayor and City Council
STAFF REPORT
IIIIII I iii
Woodburn OR 97071 (503) 982-2345
Through: John Brown, City Administrator
Subject:
East Precinct Lease
Recommendation
Authorize the Mayor to enter into a five-year lease with Key Investment
Properties, Inc., for a East Police Precinct located at 986 N. Pacific Hwy.,
Woodburn.
The police department has located a suitable location for the East Precinct police station located
at 986 N. Highway 99E, Mall 99. The city has negotiated a lease separate from the Marion
County Sheriff however will be jointly leasing approximately 5400 square feet of space. The
property management firm, Key Investment Properties, Inc., are the property managers and will
be building the facility to suit. The base charge is $1.00 per square foot and $.325 per square
foot for improvements. The facility will house one-half of the authorized Woodburn Officers,
12 and two sergeants and 14 sheriffs' deputies to include a lieutenant and sergeant. Each will
pay one-half of all costs and will have a memorandum of understanding separate from the lease
for facility use and ancillary costs. The ancillary costs will be utilities, telephone, FAX and
incidental cost of maintaining each agency's operation. The sharing of facility and associated
costs will make for a full-service police/sheriff facility. We should be moving in during August
or September of this year.
Annual costs are budgeted as follows:
Capital Costs $20,000
This includes Telephone and Data communications installation, furniture, computers and other
equipment as needed. Capital costs were budgeted in FY 98-99 budget.
Recurring Monthly Estimated Costs (the following is % of total shared costs)
Monthly Annual
Rent $3,589 $43,068
Utilities 350 4,200
Telephone 200 2,400
Janitorial 790 9,480
T-1 200 2,400
Copy Machine 142 1,710
Insurance ? ? Insurance will be calculated in 99-00
Est Total $ 5,271 $63,252
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COUNCIL BII.L NO. 1941
RESOLUTION NO.
A RESOLUTION ENTERING INTO A COMMERCIAL LEASE WITH IRA GORDON,
ET AL., FOR THE LEASE OF PREMISES TO BE USED AS A POLICE STATION AND
AUTHORIZING THE MAYOR TO SIGN SAID LEASE.
WHEREAS, the City of Woodbum needs an east precinct police station; and
WHEREAS, premises which are suitable for the police station have been located at 986
N. Pacific Highway; and
WHEREAS, it is in the City's interest to enter into a lease of said premises; NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodbum enter into a commercial lease with Ira Gordon,
Daniel M. Oredson, Val A. Yanagihara and Clifford B. Dart, Trustee under the Clifford B. Dart
declaration of trust dated July 6, 1989, c/o Key Investment Properties, Inc., which is affixed
hereto as Attachment "A" and, by this reference, incorporated herein.
Section 2. That the Mayor is authorized to sign said lease on behalf of the City.
Approved as to form.~ °~~ ZTL- 2/t ,. ~
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 Tenmmt City Recorder
City of Woodburn, Oregon
COMMERCIAL LEASE
A'r'rAOHM£NT 11C
Page.-Z- of
D ate:
Between:
April _, 1999
Ira Gordon, Daniel M. Oredson, Va1 A- Yanagihara and Clifford B. Dart,
Trustee under the Clifford B. Dan Declaration of Trust Dated July 6, 1989
cio Key Investmem Properties, Inc.
7150 SW Fir Loop Road, Suite 214
Tigard, OR 97223 ("Landlord")
City of Woodbum, an Oregon Municipal Corporation
270 Montgomery Street
Woodburn, OR 97071
("Tenant")
Landlord leases to Tenant and Tenant leases from Landlord approximately 2861 square feet
of space, including shared common space (the "Premises") on the following described real
property on the terms and conditions stated below:
See Exhibit "A"
Street Address: Mall 99 Shopping Center, 986 N. Highway 97, Woodburn, Oregon
Section 1. Occupancy
1,1 Original Term. The term of this lease shall commence August 1, 1999, and
continue through July 30, 2004, unless sooner terminated as hereinafter provided.
1.2 Possession. Tenant's right m possession and obligations under thc lease shall
commence on August 1, 1999, or on such later date as the work to bc performed by Landlord
pursuant to section 5.2 is substantially complete and the Premises are available for possession by
Tenant if possession is not given on the opening day of thc term. Landlord shall have no liability
for delays in delivery of possession and Tenant will not have thc right to terminate this lease
because of delay in delivery of possession except as hereinafter provided.
Section 2. Rent
2.1 Base Rent. During the .original term, Tenant shall pay to Landlord as base rent the
sum of $3488 per month. Rent, without offset or deduction, except as provided by the terms of
this Lease, shall be payable on the f'trst day of each month in advance at such place as may be
designated by Landlord.
2.2 Security Deposit. To secure Tenant's compliance with all terms of thi.~ lease,
Tenant has paid Landlord the sum of $3488 as a deposit. The deposit shall b~ a debt from
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Landlord to Tenant. refundable within 30 days after expiration of the lease term or other
termination not caused by Tenant's default. Landlord may commingle the deposit with its funds
and Tenant shall not be entitled to interest on the deposit. Landlord shall have the right to offset
against the deposit any sums owing from Tenant to Landlord and not paid when due, any damages
caused by Tenant's default, the cost of curing any default by Tenant should Landlord elect to do
so, and the cost of performing any repair or cleanup that is Tenant's responsibility under this
lease. Offset against the deposit shall not be an exclusive remedy in any of the above cases, but
may be invoked by Landlord, at its option, in addition to an>' other remedy provided by law or this
lease for Tenant's nonperformance. Landlord shall give notice to Tenant each time an offset is
claimed against the deposit, and, unless the lease is terminated, Tenant shall within 10 days after
such notice deposit with Landlord a sum equal to the amount of the offset so that the total deposit
amount, net of offset, shall remain constant throughout the lease term.
2.3 Escalation. The base rent provided in Section 2.1 shall be increased three (3)
percent annually.
2.4 Additional Rent. All taxes, insurance costs, utility charges that Tenant is required
to pay by this lease, and any other sum that Tenant is required to pay to Landlord or third parties
shall be additional rent. If Tenant desires janitorial services, such services will be provided by
Landlord. Landlord will bill Tenant for such services on a monthly basis, together with a
reasonable allowance to Landlord for the administration and supervision of such service.
2.5 Option. If Tenant is not in default of any of its obligations under the Lease, Tenant
shall have an option to renew this Lease if it provides the Landlord written notice no less than six
(6) months before the end of the term of the Lease. The terms and conditions of the Lease for the
renewal term shall be identical to the original term, except for rent and except that .Tenant will
no longer have an option to renew r. his Lease. Rent for the renewal term shall be the rental during
the f-mai year of the original term, subject to escalation as provided in Section 2.3.
Section 3. Use of the Premises
3.1 Permitted Use. The Premises shall be used as a police station, or similar City
administrative facility, and for no other purpose without the consent of Landlord, which consent
shall not be withheld unreasonably. Tenant will use and occupy the Premises in cooperation with
the Marion County. Tenant and the Marion County have the right, as they agree among
themselves, to occupy and use the entire area, subject to the terms of this Lease.
3.2 Restrictions on Use. In connection with the use of the Premises, Tenant shall:
(1) Conform to all applicable laws and regulations of any public authority affecting the
premises and the use, and correct at Tenant's own expense any failure of compliance created
thxough Tenant's fault or by reason of Tenant's use, but Tenant shall not be required to make any
Page 2 - Commercial Lease
ATTACH..[VlENT ~
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sumcmral changcs to effect'such compliance unless such changes are rcquired becausc of Tcnant' s
specific use.
(2) Refrain from any activity that would make it impossible to insure the Premises
against casualty or would increase the insurance, rate, unless Tenant pays the additional cost of the
ii. Bi.ncc.
(3) Refrain from any use that would be reasonzbiy offensive to other tenants or owners
or users of neighboring premises or that would tend to create a nuisance or damage the reputation
of the premises.
(4) Refrain from loading thc electrical system or floors beyond the point considered
safe by a competent engineer or architect selected by Landlord.
(5) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial,
or other device to the exterior or interior walls, windows, or roof 'of the premises without the
written consent of Landlord, which consent shall not be withheld unreasonably.
(6) Tenant shall not cause or permit any Hazardous'Substance to be spilled, leaked,
disposed of, or otherwise released on or under the Premises. Tenant may use or otherwise handle
on the Premises only those Hazardous Substances typically used or sold in the prudent and safe
operation of the business specified in Section 3.1. Tenant may store such Hazardous Substances
on the Premises only in quantities necessary to satisfy Tenant's reasonably anticipated needs.
Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the
use, handling, and storage of Hazardous Substances and shall take all practicable measures to
minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the
Premises. Upon the expiration or termination of this Lease, Tenant shall remove all Hazardous
Substances from the Premises. The term Environmental Law shall mean any federal, state, or
local statute, regulation, or ordinance or any judicial or other governmental order per~sinlng to
the protection of health, safety or the environment. The term Hazardous SubsTance shall mean any
hazardous, toxic, infectious or radioactive substance, waste, and material as defined or listed by
any Environmev~a! Law and shall include, without limitation, petroleum oil and its fractions.
3.3 Parking and Access. Landlord guarantees to Tenant for the term of the Lease, and
any extensions of the Lease Term, for the benefit of Tenant and Tenant's employees, agents,
customers and invitees, the right, in common with other tenants of the shopping center and their
employees, agents, customers and invitees, to use the parking..During the term of the Lease and
any extensions of the Lease Term, Landlord shall cause the parking area to be properly operated
and maintained and all entrances, exits, driveways ,n~ walkways kept in good repair, such
operation and repair to include, but not be limited to, lighting, traffic'control, removal of snow,
ice, rubbish, debris and surfacing and resurfacing with a bard surface.
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Page 3 - Commercial Lease
Section 4.
ATTACHMENT ~
Repairs and Maintenance Page '/' of
4,1 Landlord's Obligations. The following shall be the responsibility of Landlord:
(1) Repairs and maintenance of the roof and gutters, exterior wails (including painting),
bearing wails, structural members, floor slabs, and foundation, and all wiring and plumbing.
(2) Repair of sidewalks, driveways, curbs and parking areas and areas used in common
by Tenant and Landlord or tenants of other portions of the same building.
(3) Repair and maintenance of exterior water, sewage, gas, and electrical services up
to the point of entry to the leased Premises.
(4) Repair of the heating and air conditioning system other than ordinary maintenance.
(5) Repairs or modifications required to comply with all applicable provisions of the
Americans with Disabilities Act (ADA).
4.2 Tenant's Obligations. The following shall be the responsibility of Tenant:
(1) Repair of interior walls, ceilings, doors, windows, and related hardware, light
fixtures, switches, and plumbing fixtures.
(2) Any repairs necessitated by the negligence of Tenant, its agents, employees, and
invitees, except as provided in Section 6.2 dealing with waiver of subrogation, but including
repairs that would otherwise be the responsibility of Landlord under Section 4.1.
(3) Inspection and ordinary maintenance of the heating and air conditioning system four
(4) times per year.
(4) Any repairs or alterations required under Te~a'nt's obligation to comply with laws
and re~lati0ns as set forth in Section 3.2(1), except for changes, or modifications required to
comply with all applicable provisions of the Americans with Disabilities Act (ADA).
(5) All other repairs to the premises which Landlord is not required to make under
Section 4.1.
4.3 Landlord's Interference with Tenant. In performing any repairs, replacements,
alterations, or other work performed on or around the Premises, Landlord shall not cause
unreasonable interference with use of the Premises by Tenant. Tevant shall have no right to an
abatement of rent nor any claim against Landlord for any inconvenience or disturbance resulting
from Landlord's activities performed in conformance with the requirement of this provision.
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4.4 Reimbursement for Repairs Assumed. If either party fails or refuses to make
repairs that are required by this Section 4, the other party may make the repairs and charge the
actual costs of repairs to the first party. Such expenditures by Landlord shall be reimbursed by
Tenant on demand together with interest at the rate of 9 % per annum from the date of expenditure
by Landlord. Such expenditures by Tenant may be deducted from rent and other charges
subsequently becoming due or, at Tenant's election, collected directly from Landlord, together
with interest at the rate of 9% per annum from the date of expenditure. Except in an emergency
creatin~ an immediate risk of personal injury or property damage, neither party may perform
repairs~which are the obligation of the other party and charge the other party for the resulting
expense unless the defaulting party is given notice in writing under Section 13.2 outlining with
reasonable particularity the repairs required, and such party fails within the time to initiate such
repairs in good faith.
4.5 Inspection of Premises, Landlord shall have the right to inspect the Premises at
any reasonable time or times to determine the necessity of repair. Whether or not such inspection
is made, the duty of Landlord to make repairs shall not mature until a reasonable time after
Landlord has received from Tenant written notice of the repairs that are required.
Section 5. Alterations
5.1 Alterations Prohibited. Tenant shall make no improvements or alterations on the
Premises without Landlord's written consent, which consent will not be unreasonably withheld.
All alterations shall be made in a good and worl~nnanlike manner, and in compliance with
applicable laws and building codes. As used herein, "alterations" include the installation of
computer and telecommunications wiring, cables, and conduit.
5.2 Alterations Required. The improvements and alterations delineated on the plan.~
and specifications attached to and made a part of this lease shall be performed by the party
designated and within the time stated in the plans and specifications or under the terms of this
lease.
5.3 The Landlord shall not be obligated to proceed with any construction unless and
unfit financing acceptable to Landlord is obtained. Should such financing not be obtainable within
sixt3' (60) days after completion of final plans and specifications, Landlord may so notify Te, ant
in writing, and this Lease shall thereupon cease and terminate and each of the parties hereto shall
be released and discharged from any and all liability and responsibility hereunder. This provision
shall be complied with ff Landlord begins the application for financing within the 604ay period
and thereafter proceeds with reasonable diligence and in good faith to obtain the financing. If
Landlord can obtain financing only upon the basis of modifications of the terms and provisions of
this I_,case, the Landlord shall have the right to cancel this Lease if the Tenant refuses to approve
in writing any such modification within thirty (30) days after Landlord's request therefor, which
request may not be made after delivery of possession. If such right to cancel is exercised, this
Lease shall thereafter be null and void, any money or security deposited hereunder shall be
Page 5 - Commercial Lease
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returned to Tenant, and neither party shall have any liability .to the other by reason of such
cancellation.
5,4 Ownership and Removal .of Alterations, All improvements and alterations
performed on the Premises by either Landlord or Tenant shall be the property of Landlord when
installed unless the applicable Landlord's consent or plans and specifications specifically provides
otherwise. Improvements and alterations installed by Tenant shall, at' Landlord's option, be
removed by Tenant and the premises restored unless'the applicable Landlord's coment or plans
and specifications specifically provides otherwise.
5.5 Condition of Premises. As part of the consideration of this Lease, Landlord shall
make all repairs and all alterations set forth in the plans and specifications in a good and
wort,~.anlil~e manner, before transfer of possession, that are necessary to render the premises
tenable and fit for occupancy, including all necessary repairs to plumbing, water, heating, air
conditioning, lighting and electxical systems.
Section 6. Insurance
6.1 Insurance Required. Landlord shail keep the Premises insured at Landlord's
expense against fire and' other risks covered by a szandard f~te insurance policy, with an
endorsement for extended coverage. Tenant shall bear the expense of any insurance insuring the
property of Tenant on the Premises against such risks.
6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to the other's
successors or assigns) for any loss or damage caused by fzre or'any of the risks enumerated in a
standard fire insurance policy with an extended coverage endorsement, and in the event of insured
loss, neither party's insurance company shall have a subrogated claim against the other. This
waiver shall be valid only if the insurance policy in question expressly permits waiver of
subrogation or ff the insurance company agrees in writing that such a waiver will not affect
coverage under the policies. Each party agrees to use best efforts to obtain such an a~eement
from its insurer ff the policy does not expressly permit a waiver of subrogation. '
Section 7. Taxes; Utilities
7,1 Property Taxes. Tenure shall apply for exemption from ad valorem property taxes
for the Premises trader ORS 307.112. Tenant's payments will be adjusted by an amount equal to
the actual savings of the annual real property tax payment on the property. Tenant will file a claim
for such exemption in a timely manner as prescribed by ORS 307.112.
7.5 New Charges or Fees. If a new charge or fee relating to the ownership or use of
the Premises or the receipt of rental therefrom or in lieu of property taxes is assessed or imposed,
then, to the extent permitted by law, Tenant shall pay such charge or fee. Tenant, however, shall
Page 6 - Commercial Lease
ATTACH...MENT, )..~.
Page '~' ,. of
have no obligation to pay any income, profits, or franchise tax levied On the net income derived
by Landlord from this lease.
7.6 Payment of Utilities Charges. Tenant shall pay when due all charges for services
and utilities incurred in connection with 'the use, occupancy, operation, and maintenance of the
Premises, including (but not limited to) charges for fuel, water, gas, electricity, sewage disposal,
power, refrigeration, air conditioning, telephone, and janitorial services. If any utility services
are provided by or through Landlord, charges to Tenant shall be comparable with prevailing rates
for comparable services. If the charges are not separately metered or stated, Tenant shall pay its
pro rata share of such utilities.
Section 8. Damage and Destruction
8.1 Partial Damage. If the Premises are partly damaged and Section 8.2 does not
apply, the Premises shall be repaired by Landlord at Landlord's expense. Repairs shall be
accomplished with all reasonable dispatch subject to interruptions and delays from labor disputes
and matters beyond the control of Landlord and shall be performed in accordance .with the
provisions of Section 4.3.
8.2 Destruction. If the Premises are destroyed or damaged such that such that the cost
of repair exceeds 40% of ~e value of the structure before the damage, either party may elect to
terminate the lease as of the date of the damage or destruction by notice given t° the' other in
writing not more than 45 days following the date of damage. Ia such event all rights and
obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to
the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term.
If neither party elects to terminate, Landlord shall proceed to restore the Premises to substantially
the same form as prior to the damage or desu'uction. Work shall be commenced as soon as
reasonably possible and ~ereaf~er shall proceed without interruption except for work stoppages
on account of labor disputes and matters beyor~I Landlord's reasonable control.
8.3 Rent Abatement. Rem shall be abated during the repair of any damage to the
extent the premises are un~eaaatable, except that ~ere shall be no rent abatement where
damage occurred as the result of the fault of Tenant.
8.4 Damage Late in Term. If damage or destruction to which Section 8.2 would apply
occurs within one year before the end of the then-current lease term, Tenant may elect to terminate
~e lease by written notice to Landlord given within 30 days after ~e date of the damage. Such
termination shall have the same effect as termination by Landlord under Section 8.2.
Section 9. Eminent Domain
9.1 Partial Taking. If a portion of the Premises is condemned and Section 9.2 does
not apply, the lease shall continue on the following terms:
Page 7 - Com~nercial Lease
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AI"rACHMENT~-~---~
(1) Landlord shall be entitled to ail o.f the proceeds of condemnation, and Tenant shall
have no claim against Landlord as a result of the condemnation.
(2) Landlord shall proceed as soon as reasonably possible to make such repairs and
alterations to the Premises as are necessary to restore the remaining Premises to a condition as
comparable as reasonably practicable to that existing at the time of the Condemnation.
(3) After the date on which title vests in the condemning authority or an earlier date
on which alterations or repairs are commenced by Landlord to restore the balance of the Premises
m anticipation of taking, the rent shall be reduced in proportion to the reduction in value of the
Premises as an economic unit on account of the partial taking. If the parties axe unable to agree
on the amount of the reduction of rent, the amount shall be determined by arbitration.
(a) If a portion of Landlord's property not included in the Premises is taken, and
severance damages are awarded on account of the Premises, or an award is made for detriment
to the Premises as a result of activity by a public body not involving a physical taking of any
portion of the. Premises, this shall be regarded as a partial condemnation to which Sections 9.1(1)
and 9.1(3) apply, and the rent shall be reduced to the extent of reduction in rental value of the
Premises as though a portion had been physically taken.
9.2 Total Taking. If a conderaning authority takes all of the Premises or a portion
sufficient to render the remaining premises reasonably unsuitable for the use that Tenant was then
making of the premises, the lease shall terminate as of the date the title vests in the condemning
authorities. Such termination shall have the same effect as a termination under Section 8.2.
Landlord shall be entitled to the condemnation proceeds received, and Tenant shall have no claim
against Landlord as a result of the condemnation.
9.3 Sale in Lieu of Condemnation. Sale of all or part of the premises to a purchaser
with the power of eminent domain in the face of a threat or probability of the exercise of the
power shall be treated for the purposes of this Section 9 as a taking by condemnation.
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Section 10. Liability and Indemnity
10.1 Liens
(1) Except with respect to activities for which Landlord is responsible, Tenant sl~ll pay
as due all claims for work done on and for services rendered or material furnished to the Premises,
and shall keep the Premises free from any liens. If Tenant fails to pay any such clainls or to
discharge aay lien, Landlord may do so and collect the cost as additional rent. Any amount so
added shall bear interest at the rate of 9 % per anrt~rn f~om t]le date expended by 1.2ndlord and
shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right
or remedy which Landlord may have on account of Tenant's default.
Page 8 - Commercial Lease
ATTACI.~VIENT
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(2) Tenant may withhold payment of any claim in connection with a good-faith dispute
over the obligation to pay, as long as Landlord's property interests are not jeopardized. If a lien
is fried as a result of nonpayment, Tenant shall, within 10 days after lcnowledge of the filing,
secure the discharge of thc lien or deposit with Landlord cash or sufficient corporate surety bond
or other surety satisfactory to Landlord in an amount sufficient to discharge the lien plus any costs,
attorney fees, and other charges that could accrue as a result of a foreclo{ure or sale under the
lien.
10,2 Indemnification. Tenant shall not allow any liens to attach to the building or the
Premises as a result of its aciivities. Tenant shall indemnify and defend Landlord from any claim,
liability, damage, or loss occurring on the Premises, arising out of any activity by Tenant, its
agents or invitees, or resulting from the Tenant's failure to comply with any term of this Lease.
Landlord shall have no liability to Tenant because of loss or damage caused by the acts or
omissions of the oflxer tenants of the bulldog.
10.3 Liability Insurance, Before going into possession of the Premises, Tenant shall
procure and thereafter during the term of the lease shall continue to carry the following insurance
at Tenant's cost: comprehensive general liability insurance with limits of not less than $1,000,000
in connection with any one occurrence, in a responsible company with coverage for bodily injury
and property damage liability, personal and advertising injury liability, and medical payment.
Such insurance shall cover, all risks arising directly or indirectly out of Tenant's activities on the
Premises or on account of the obligations assumed by Tem~nt under Section 10.2, ar~ shall na~e
Landlord as an additional insured. 'Certificates evidencing such insurance and bearing
endorsemems requiring 10 days' written notice to Landlord prior to any change or cancellation
shall be furnished to Landlord prior to Tenant's occupancy of the property.
llC
Section II. Quiet Enjoyment; Mortgage Priority
11.1 Landlord's Warranty. Landlord warrants that it is the owner ofth.e Premises and
has the right to lease them. Landlord will defend Tenant's right to quiet enjoyment of the
Premises from the lawful claims of all persons during the lease term.
11.2 Mortgage Priority. The Premises may become subject to a real estate mortgage
or deed of trust. Tenant agrees to subordinate its interest to that of the mortgagee or beneficiary
upon agreement by the mortgagee or beneficiary that the rights of Tenant under the Lease will be
recognized so that in the event of foreclosure of the mortgage or deed of trust, this Lease will
remain in effect according to its terms and Tenant's possession will not be disturbed as long as
Tenant is in compliance with this Lease.
11.3 Estoppel Certificate. Either party will, within 20 days after notice from the other,
execute and deliver to the other party a certificate stating whether or not this lease has been
modified and is in full force and effect and specifying any modifications or alleged breaches by
the other party. The certificate shall also state the amount of monthly base rent, the dates to which
Page 9 - Commercial Lease
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ATTACHMENT
Page .../-~. of
rem ~s been paid in advance, and the amount of any security deposit or prepaid rent. Failure to
deliver the certificate within the specified time shall be conclusive upon the party from whom the
certificate was requested that the lease is in full force and effect and has not been modified except
as represented in the notice requesting the certificate.
Section 12. Assignment and Subletting
No pazt of the Premises may be as'signed, mortgaged, or subleased, nor may a right of use
of any portion of the propervy be conferred on any third person by any other means, without the
prior written consent of Landlord, which consent shall not be withheld un.reasonably. This
provision shall apply to all transfers by operation of law. However, this provision shall not apply
to an3' transfer by Tenant to Marion County. No consent in one instance shall prevent the
provision from applying to a subsequent m-stance. In determinh~ whether to consent to
assignment, Landlord may consider the following factors, among others: financial ability of
assr_once: business experience of assignee; use of the premises.
Section 13, Default
The following shall be events of default:
13.1 Default in Rent. Failure of Tenant to pa)' any rent or other charges wittfin 10 days
after written notice that it is due.
13.2 Default in Other Covenants. Failure of Tcnam to comply with any term or
condition or falffll any obligation of the lease (other than the payment of rent or other charges)
witlxin 20 days after written notice by Landlord specifying the nature of the default with reasonable
particularity If the default is of such a nature that it cannot be completely remedied within the
20-day period, this provision shall be complied with if Tenant begins correction of the default
within the 20-day period and thereafter proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
13,3 Insolvency. Insolvency of Tenant; an assignment by Tenant for the benefit of
creditors; the rifling by Tenant of a voluntary petition in bankruptcy: an adjudication that Tenant
is banka-upt or the appointment of a receiver of the properties of Tenant; the filing of any
involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of the petition within
30 ~avs after filing; artach_ment of or the lewing of execuUon on the leasehold interest and failure
of Te~ant to secure discharge of the attachment or release of the levy of execution within 10 days
shall constitute a default. If Tenant consists of two or more individuals or business entities, the
events of default specified in this Section 13.3 shall apply to each individual unless within 10 days
after an event of default occurs, the remairfing individuals produce evidence satisfactory to
Landlord that they have unconditionally acquired the interest of the one causing the default. If the
lease has been assigned, the events of default so specified shall apply only with respect to the one
then exercising the rights of Tenant under the lease.
Page 10 - Commercial Lease
ATTAOHMENT '~
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13.4 Abandonment. Failure of Tenant for seven days or more to occupy ,.he Premises
for one or more of the purposes permitted under this lease, unless such failure is excused under
other provisions of this lease.
Section 14. Remedies on Default
14.1 Termination, In the event of a default the lease may be terminated at the option
of Landlord by wrkten notice to Tenant. Whether or not the lease is terminated by the election
of Landlord or otherwise, Landlord shall bi entitled to recover damages from Tenant for the ·
default, and Landlord may reenter, take possession of the premises, and remove any persons or
property by legal action or by self-help wi~ the use of reasonable force and without liability for
damages and without having accepted a surrender. Tenant shall have the right to terminate this
Lease not less than 90 days before providing the Landlord written, notice of its intent to do so in
the event the City's revenues are adversely effected, and the City is required to curtail its business
services, reduce staff and office space. In the event the Lease is terminated by the Tenant under
the previous sentence, within thirty-six (36) months of the commencement date of the Lease,
Tenant shall pay Landlord the remaining unamortized costs for initial Tenant improvement costs
of $28,917. The amount due shall be determined by multiplying the sum of $803.25 per month
by the number of months remaining in the first thirty-s~ months of the Lease Term.
14.2 Reletting, Following reentry or abandonment, Landlord may relet the Premises
and in that connection may make any suitable alterations or refurbish the Premises, or both, or
change the character or usc of thc Premises, but Landlord shall not be required to relet for any usc
or purpose other than that specified in the lease or which Landlord may reasonably consider
injurious to the Premises, or to any tenant that Landlord may reasonably consider objectionable.
Landlord may relet all or part of the Premises, alone or in conjunction with other properties, for
a term longer or shorter than the term of this lease, upon any reasonable terr~ and conditions,
including thc granting of some rem-free occupancy or or.~r rent concession. Landlord shall f~rst
offer to relet the Premises to the Marion County. Marion County shall have thirty (30) days to
accept the offer to relet.
14.3 Damages. In the event of termination or retaking of possession following default,
Landlord shall be entitled to recover inunediately, without waiting until the due date of any future
rent or until the dare fixed for expiration of the lease term, the following amounts as damages:
(1) The loss of rental from the date of default until a new tenant is, or with the exercise
of reasonable efforts could have been, secured and paying out.
(2) The reasonable costs of reentry and reletting including without limitation the cost
of any cleanup, refurbishing, removal of Tenant's propervj and fixtures, costs incurred under
Section 14.5, or any other expense occasioned by Tenant's default including but not limited to,
an)' remodeling or repair costs', attorney fees, court cost~, broker cornml.qsiolls, and advertising
COSTS.
Page 11 - Commercial Lease
IIC
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ATTACHMENT ~_ ,,
Page ~ of /'"'
(3) Any excess of the value of the rent and all of Tenant's other obligations under this
lease over the reasonable expected return from the premises for the period commencing on the
earlier of the date of trial or the date the premises are relet, and continuing through the end of the
term. The present value of future amounts will be computed using a discount rate equal to the
prime loan rate of major Oregon bank's in effect on the date of trial.
14.4 Right to Sue More than Once. Landlord may sue periodically to recover damages
during the period corresponding to the remainder of the lease term, and no action for damages
shall bar a later action for damages subsequently accruing.
14.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any obligation
under this lease, Landlord shall have the option to do so a't~r 30 days' written notice to Tenant.
All of Landlord's expenditures to correct the default shall be reimbursed by Tenant on demand
with interest at the rate of 9 % annum from the date of expenditure by Landlord. Such action by
Landlord shall not waive any other remedies available to Landlord because of the default.
Landlord shall provide notice to the Marion County which shall have the right to cure Tenant's
default as provided in Section 14.6.
14.6 Tenants Right to Cure Defaults. If Landlord fails to perform any obligation under
this Lease, Tenant shall have the option to do so after 30 days' written notice to Landlord.
Tenant may be collect the amounts due directly from Landlord with interest at the rate of 9 % per
annum from the date of expenditure by Tenant. Such action by Tenant shall not waive any other
remedies available to Tenant because of the default.
14.7 Remedies Cumulative. The foregoing remedies shall be in addition to and shall
not exclude any other remedy available to Landlord under applicable law.
Section 15. Surrender at Expiration
15.1 Condition of Prern[qes. Upon expiration of the lease term or earlier termination,
Tenant shall deliver all keys to Landlord and surrender the Premises in first-class condition and
broom clean, depreciation and ordinary wear and tear excepted, but repairs for which Tenant is
responsible shall be completed to the last practical date before surrender. Tenant's obligations
under this section shall be subordinate to the provisions of Section 8 relating to destruction.
15.2 Fixtures
(1) All f'mures placed upon the Premises during the term, other than Tenant's trade
f'~mres, shall, at Landlord's option, become the property of Laru:llord. If Landlord so elects,
Tenant shall remove any or all fixtures that would otherwise remai~ the property of Landlord, and
shall repair any physical damage resulting from the removal. If Tenant fails to remove such
fixtures, Landlord may do so and charge the cost to Tenant with interest at the legal rate from the
date of expenditure.
Page 12 - Commercial Lcasc
(2) Prior to expiration br other termination of the lease term Tenant shall remove all
furnishings, furniture, and trade fixtm-es that remain its property. If Tenant fails to do so, this
shall be an abandonment of the property, and Landlord may retain the property and all rights of
Tenant with respect to it shall cease.
llC
15.3 Holdover
(1) If Tenant does not vacate the Premises at the time required, Landlord shall have the
option to treat Tenant as a tenant from month to month, subject to all of the provisions of tl'fis lease
except the provisions for term and renewal and at a rental rate equal to 150 percent of the rent last
paid by Tenant during the original term, or to eject Tenant from the Premises and recover damages
caused by wrongful holdover. Failure of Tenant to remove fixtures, furniture, furnishings, or trade
fLxtures that Tena_ut is required to remove under this lease shall constitute a failure to vacate to
which this section shall apply if the property not removed will substantially interfere with
occupancy of the Premises by another tenant or with occupancy by Landlord for any purpose
including preparation for a new tenant.
(2) If a month-to-month tenancy results from a holdover by Tenant under this Section
15.3, the tenancy shall be terminable at the end of any monthly rental period on writ'ten notice
from Landlord given not less than 10 days prior to the termination date which shall be specified
m the notice. Tenant waives any notice that would otherwise be provided by law with respect to
a month-to-month tenancy.
Section 16. lYtiscellaneous
16.1 Nonwaiver. Waiver by either party of strict performance of any provision of this
lease shall not be a waiver of or prejudice the party's right to require strict performance of the
same provision in the future or of any other provision.
16.2 Attorney Fees. If suit, action or arbitration is instituted in connection with any
controversy arising out of this lease, including any proceedings under the United States
Bankruptcy Code, as amended, the prevailing part~' shall be entitled to recover in addition to costs
such sum as the a.rbitlator, judge or court determines reasonable as attorney fees at arbitration or
trial, on petition for review, and on appeal.
16.3 Notices. Any notice required or permitted under this lease shall be given when
actually delivered or 48 hours after deposited in United States mail as certified mail addressed to
the address first given in this lease or to such other address as may be specified from time to time
by either of the parties in writi.ug.
16.4 Succession. Subject to the above-stated limitations on transfer of Tenant's interest,
th_is lease shall be binding on and inure to the benefit of the parties and their respective successors
and assigns.
Page 13 - Commercial Lease
ATTACHMENT
Page..4_5~ of
16.S Recordation. Landlord shall execute and acknowledge a memorandum of this lease
in a form suitable for recording, and Tenant may record the memorandum. Tenant shall pay the
recording costs.
16.6 Entry for Inspection. Landlord shall have the right to enter upon the Premises at
any time to determine Tenant's compliance with this lease, to make necessary repairs to the
building or to the Premises, or to show the Premises to any prospective tenant or purchaser, and
in addition shall have the right, at any time during the last two months of the term of this lease,
to place and maintain upon the Premises notices for leasing or selling of the Pi'cruises.
16.7 Interest on Rent and Other Charges. Any rcm or other payment required of. Tenant
by this lease shall, if not paid within 10 days after it is due, bear interest at the.rate of 9% per
annum (but not in any evem at a rate greater than the maximum rate of interest permitted by law)
from the due date until paid. In addition, if Tenant fails to make any rent or other paymem
required by this lease to be paid to Landlord within five days after it is due, Landlord may elect
to impose a late charge of five cents per dollar of the overdue payment to reimburse Landlord for
the costs of collecting the overdue payment. Tenant shall pay the late charge upon demand by
Landlord. Landlord may levy and collect a late charge in addition to all other remedies available
for Tenant's default, and collection of a late charge shall not waive the breach caused by the late
payment.
16.8 Proration of Rent and other Charges. In the event of commencement or'
termination of this lease at a time other than the beginning or end of one of the specified rental
periods, then the rent and other charges shall be prorated as of thc date of commencement or
termination and in the event of termination for reasons other than default, all prepaid rent and
other charges shall be refunded to Tenant or paid on its account. Tenant shall have the right to
reasonably review supporting data for Landlord's proration of rent, utilities, imurance, taxes and
assessments.
16.9 Time of Essence. Time is of the essence of the performance of each of Tenant's
obligations under this lease.
Section 17, Mediation and Arbitration'
17.1 Mediation. In thc event of a dispute between thc parties arising out' of or relating
to this Lease, the panics agree to submit such dispute to a mediator agreed to by the parties as
soon as practicable after thc dispute arises, and preferably before commencement of litigation or
arbitration. The parties agree to exercise their best efforts in good faith resolve ail disputes in
mediation.
17.2 Disputes to Be Arbitrated. If any dispute arises between the parties with respect
to any matter or thing arising out of, or in any way relating to this lease, except with respect to
actions to renter or take possession of thc premise, s, or. other statutory or equitable actions, not as
I1C
Pagc 14 - Commercial Lcasc
ATTACHMENT A
Page ~ of ~' ""
an exclusive remedy, and only upon the mutual ag-reemcnt of Landlord and Tenant to do so, such
dispute or difference may be referred to arbitration. The parties shall mutually select an
arbitrator If the parties can not agree on an arbitrator, then each party shall select one competent
person, and those two individuals will then select a third neutral person to act as arbitrator. The
arbitrator should ha,,e experience in commercial real estate.
17.3 Procedure for .ad-bitration. The arbitration shall proceed according to the Oregon
statutes o, overning arbitration, and the award of the arbitrator shall have the effect therein
provided'~ The arbitration shall take place in the county where the leased premises are located.
Cost.< of the arbitration shall be shared equally by the p~nies, but each party, shall pay its own
attorrtzy fees incurred in cormect]on with the arbitration.
ilC
Landlord:
Ira Gordon
Daniel M. Oredson
Val A Yanagihara
Clifford B_ Dart. Trustee under the Clifford
B. Dart Declaration of Trust Dated July 6,
1989
Tenant:
CiD' of Woodbum
By:
Title:
W: ~.,O RK'd,~NM~E't-.M ^ LLg9 ~LE.A5 £CIT .~" P D
Page 15 - Commercial Lease
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MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager
Bid Award for Multi-Conductor Pan and Tilt Sewerline Inspection Camera
April 20, 1999
RECOMMENDATION:
Action 1:
Reject the Iow bid from CCV Engineering and Manufacturing Company for
not being in substantial conformance with specifications.
Action 2:
Award contract to second Iow bid from Enviro-Clean for a Multi-Conductor
Pan and Tilt Inspection Camera in the amount of $16,450.00.
BACKGROUND:
City of Woodburn Bid Number 99-23 for a Multi-Conductor Pan and Tilt Camera for
inspection of sewerlines was opened and publically read at 2:00 pm on April14, 1999. The
results were:
BIDDER AMOUNT
Enviro-Clean
Telespector Corporation
Geico Distributing
¥, ,.,,,.,-,.,.,.,,., re ect
$16,450.00 to be approved
$16,900.00
$18,650.00
The city bid request was for a multi-conductor pan and tilt camera for inspection of
sewerlines. The bid from CCV Engineering is not in compliance with the city's
specifications in several areas. The specifications called for an integral LED lighthead and 2
lux sensitivity. LED lights were specified because they generate no heat and will last
basically for the life of the camera. The CCV camera offered 3 lux sensitivity with an
externally mounted lighthead with incandescent lamps which generate heat and fail
regularly. Due to the external lighthead the CCV camera also does not comply with the
pan requirements in the specification. The full pan capability specified is required for the
camera to pan "over-the-shoulder" to examine "Y" lateral connections behind the camera.
Staff is recommending that this bid be rejected for not being in substantial compliance with
city specifications.
The second Iow bid from Enviro-Clean for $16,450 was in full conformance with city
specifications and staff is recommending that it be accepted and a contract be awarded.
The camera was budgeted from line item 472.622.710.010 in this fiscal years budget.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council though City Administrator
Public Works Program Manager
Bid Award For Hydraulic Truck Conveyor
April 20, 1999
RECOMMENDATION: Award contract for a hydraulic truck conveyor to Northwest
Truckstell Sales, Inc. for $12,267.00
BACKGROUND: City of Woodburn bid number 99-22 for a hydraulic truck conveyor
was opened at 2:00 pm on April 15, 1999. The results were as follows:
Bidder
Northwest Truckstell Sales, Inc.
Pioneer Truck Sales
Amount
$12,267.00
$14,078.00
The hydraulic truck conveyor will be attached to the back of a city dump truck. It
allows material for the truck to be conveyed to the side and placed alongside the truck.
It will operate when the truck is moving or stationary. A primary purpose will be to
place rock in trenches where pipe is being laid or replaced. Material is now dumped
on the road and is placed with a backhoe or manually. Use of the conveyor will
eliminate the need to stockpile rock alongside the road and make filling in trenches
much quicker and more efficient. It will also be more convenient for motorists since
there will be less equipment and material around the job site.
The conveyor will be used by both the water and street shop and the costs will be
shared between the two departments as outlined in the approved capital outlay
budget for this fiscal year.
llF
interoffice
M £MO RAN DU M
from:
subject:
date:
City Administrator for Council Action
Randy Scott, CE Teeh HI, through the Public Works Directo__
Utility Easement Acceptance, East Lincoln Street
April 21, 1999
pdgCOMMENDATION:
It is being recommended that the City Council accept the attached utility easement as described on
Attachment "C".
BACKGROUND:
The utility easement is being conveyed by the Marc and Gayle Stout for the installation of a
sanitary sewer in conjunction with the Country Side Living Care Facility located at 1605 E.
Lincoln. To reduce installation cost and not interfere with truffle control devices the developer
elected to install the sanitary sewer through that portion of East Lincoln that was vacated by the
Marion County. The area is now private property, therefore an easement is necessary.
Included as attachment "A" is a vicinity map
Included as attachment "B" is a map showing the location of the easement being conveyed.
Included as attachment "C" is the properly signed utility easement.
ATTACHMENT "A"
SUBJECT PROPERTY
ATTACHMENT "C"
KNOW,NJ. MENBYTHESE PRESENTS, lhat/g~H~ (~'Ou~" ~J~
One O~imr ($1.00) and ~ valuable .conslde,-.ago~s to lhem paid. lhe recetp{ ~eof here~ Is
This legal is written without a survey and is based on the legal for the vacation of a portion
of the Lincoln Street right of way:-
A parcel of la~d situate in the NE one quarter of the NW one quarter Section 17; Township
5 South; Range 1 West of the Willamette Meridian, Marion County, Oregon more
particularly described as follows;
The Northerly 18.00 feet of the County Road Vacation Proceeding 1703 as described in
Exhibit 'A' Reel 288, Page 152.
an,/in~~ d'~urbed bythe City. to ss good condition as they ~ in prio( to any wJch
installation (x' ~(k. but If no[ ix'ecticable, IJ~en pey to ~ reasonable compen~.
THE GRANTORS. heim and assig(ts, ~,serve the right to use the promises fo( walkways.
the~e purposes. EXCEPTION: No 6~uctum shall be placed within Ihe easemanl. ~' ~ain 45'
STATE
u~
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interoffice
MEMORANDUM
~om:
subject:
date:
City Administrator for Council Action
Randy Scott, CE Tech III, through the Public Works Director
Right-of-Way Dedication, Settlemier Avenue
April 22, 1999
I[ECOMMENDATION:
It is being recommended that the City Council accept the attached Right-of-Way as described on
Attachment "C"
BACKGROUND:
The Right-of-Way is being conveyed by Mrs. Shimalin to the city in conjunction with the
Settlemier Avenue/Railroad Crossing Improvement Project. The strip is eleven feet in width and
will allow the placement of the bikelanodsidewalk.
The cost of the conveyance is within the guidelines established by the City Council in executive
session for this particular project.
Included as attachment "A" is a vicinity map
Included as attachment "13" is a map showing the location of the right-of-way dedication
Included as attachmem "C" is thc properly signed Warranty Deed.
ATTACHMENT "A"
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SUBJECT PROPERTY
),00t
I0' DRAtNAGE
11G
ATTACHMENT "B" /
LOT A -TO BE.
DEEDEO TO THE
EASEMENT
4 ~ 5 ~ c~TY O~
.~S~T~
KNOW,
THA'
EXISTIN6
UNDERSIG
_
· 16.78'~
DEDICA
25.44'
I CH.=48.15
DEDICATED PROPERTY
ATTACHMENT "C"
FORM- W~rr~nty ~ (
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS. That C.._.~gc (deceased)nnd Kse~ia Shimal~n hereinafter called the
grantor, for the consideration hereinafter stated, to grantor paid by CITY OF WOODBURN. A MUNICIPAL CORPORATION,
hereinafter called the grantee, does hereby grant, bargain. ~ll and convey unto the said grantee and grantee's hein. successors and assigns,
that certain teal property, with the tenements, heteditsments altd appurtenances thereunto belonging or appertaitfing, situated itl the
County of Marion and State of Oregon. described as follows, to-wit:
A tract of land being eleven feet in width over a portion of Lot ?, Block 2 of BRANDYVVINE, a recorded plat in Volume 29, Page 28
of Madon County records, located in the southwest one-quarter of Section tS, T.S S,. R. 1 W. of the V~qllamette Meridian in the
County of Marion end State of Oregon described as follows:
Beginning at a point on the Eastedy line of Lot 7, said point being North 41 °17' East, 26.00 feet and North 20°04' East 25.44 feet
and North 41 ° f T EasL 1:3.05 feet of the most Southerly Southeast corner of said Lot ?, said Point of Beginning also being on the
Westerly fight-of-way line of Set~emier Avenue; Thence North 4t °'17" East along the Easterly line of said Lot 7, 28.SS feet to an
angle point in said Easterly line: Thence North 18°3T1S" East 4S.00 feet to the Northeast comer of said Lot 7; Thence along the
common line of lots 6 and 7, Block 2 of BRANDYVVINE South B3°00'00" West 12.20 feet: Thence leaving the said common line of
Lots 6 and 7 SotWn 18 °$7'1 S" West parallel with the Easterly line of Lot ? a distance of 66.0? feet, more or less, to the place of
beginning.
Contains 610 square feet of land more or less For roadway purposes
(IF SPACE INSUFFIC:IENT. CONTINUE DE$C:RIPTION ON REVERSE SIDE)
To Have and to Hold the same unto the said grantee and grantee's heirs, successors and sssigns forever
And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lav~'ully
seized in fee simple o! the above granted premises, tree from all encumbrances
and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the law(ul ctaims and
demands of all persons WhOmSoever, except those claiming under the above described encumbrances
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 0.0 .
~However, the actual consideration consists of or includes other property or value given or promised which is the
wholelpa~t Of the consideration (indicate which}.~ {The sentence between the symbols*, if not applicable, should be deleted. See
ORSg3.030.)
In construing this deed and where the contex~ so requires, the singular includes the plural and all grammatical changes shall be
implied to make the provisions hereof apply equally to corporations and to individuals.
In Witness Whereof, the grantor has executed this instrument this t ~'~ ,, day of ~ I~C- ~ , 1999;
if a corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly authorized to do so
by order of its board of directors
THIS INSTRUMENT WiLL NOT ALLOW USE OF THE PROPERTY DE-
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECKWlTH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
Accepted by the
Woodburn City Council
on 1999
STATE OF OREGON, County of /~1~. y' ~or,I )ss.
This instrument was acknowledged before me on JvJ~,rc~+ 1'7
by~.~ ~_ d/'/,~. ~HI~,4c/N'
This instrument was acknowledged before me on
by
as
City Recorder
Kesenia Shimalin
1090 Kelowna Street
W~odburn Or 97071
GRANTOR'S NAME AND AC)DRESS
City of Woodburn
Public Works Department
270 Montromery Street
Woodburn. OR. 97071
GRANTEE'S NAME AND ADDRESS
Anef recording return to:
City of Woodburn
Public Works Depadment
270 Monffomery Street
Woodburn, OR. 97071
NAME. ADDRESS, ZIP
Until a change ia requesled all taK statements shall be sent to the
following address:
,1 999,
,1999,
NAME. ADDRESS. ZIP
of
BRENDA A. WILLIAMS
N0:AR¥ PUSt~;*0RE$0N [ Notary Public for Oregon
C0MM!.c;SI0r} ~) 3! 1906 I My commission expires
t "~"w~J~" 7:PC~$MAYI'2002 [ STATE OF OREGON,
County of Marion
I certify that the within instru-
ment was received for record on the
day of ,19__,
iPACE RESERVED at o'clock __M., and
recorded
FOR in book/reel/volume No. ,on
RECORDER'S USE page or as
fee/file/instru-
mentJmicrofilm/rece ption No
Record of Deeds of said county.
Witness my hand and seal of
County affixed.
Name Title
By
Deputy
IlG
11H
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council though City Administrator
,~,~
Public Works Program Manager /~
Asbestos Abatement Bid Award
April 20, 1999
The city will receive bids at 3:00 PM on April 22, 1999 for asbestos abatement at the
former bank building at 190 Garfield Street. The bid proposals will be for abatement
of asbestos found during preparation for remodeling of the building.
There will not be sufficient time to evaluate the bids and provide a recommendation
for inclusion in the council packet. Staff will provide council with an award
recommendation at the April 26, 1999 council meeting.
City of Woodburn
Police Department
STAFF REPORT
270 Montgomery Street Woodburn OR
Date: April 20, 1999
From: Ken Wright, Chief of Pe~/ ///
/,...-
To: Mayor and City Council
97071 (503) 982-2345
Through: John Brown, City Administrator
Subject:
Amplified Sound Request
Ordinance 1900, 3, (5).
The use or operation of an automatic or electric piano,
phonograph, loudspeaker or sound-amplifying device so loudly as
to disturb persons in the vicinity thereof or in such manner as
renders the same a public nuisance; provided however, that upon
application to the Council permits may be granted to responsible
persons or organizations to broadcast programs of music, news
speeches or general entertainment.
Recommendation: Approve sound amplification request.
The Police Department has received a sound amplification permit request from Salvador
Larios for a sound amplification permit. Salvador's Bakery III located at 320 N.Pacific Hwy.,
Woodburn, will be holding a Mother's Day Celebration in the parking-lot on Sunday, May 9,
1999 between 12 noon and 4 p.m. The location is zoned commercial and the hours should not
interfer with the surrounding neighbors. I have attached Mr. Larios' request for your
information.
Ill
cc applicant
11I
April 13, 1999
Chief Ken Wright
Woodbum Police Dept.
270 Montgomery St.
Woodbum, OR 97071
Dear Chief Wright:
I am writing to request permission for a permit to have a Mother's Day Celebration in the
parking lot of Salvador's Bakery III at 320 N. Pacific Highway with a live band and amplified
music on Sunday, May 9, 1999, between the hours of 12 noon and 4:00 p.m. It is my intent to
serve free cake and to hold a drawing for some cash prizes in honor of all mothers who attend.
Please advise.
s trul
SALVADOR LARIOS
April 27, 1999
Letters from George Steffensen:
Communication was acknowledged by the City Council at their April 26, 1999 meeting. Letters
were not Considered or added to the record per advice of our City Attorney. Letters have been
forwarded to Community Development Director for inclusion in any future public hearing record
before the Planning Commission on this particular issue.
Mary'-Tennant
City Recorder
April 23,1999
Marjorie K. Thompson, President, Board of Directors:
I read in the minutes ofthe April 13 meeting ofthe Board that it was authorized to
allow Hillyer Ford Co to use the Dining Room for a presentation. I realize that the
Board has no jurisdiction on where a private company does business in Woodbum.
However, this company wants a used car lot to do business in a space where the
best access is from a street in Senior Estates. This company does not want to have
prospective buyers of the cars to use access from a very busy SH214. This
company wants their access of used car buyers and salesmen to use the now closed
end of Princeton Ave and Rainier Road for their business. This is not just a
concern for the homeowners on Rainier, but for the homeowners of nearly
everyone south of Country Club Road. Astor, Sallal, Rainier, Dellmoor,
Princeton, Sheridan, Randolph will all be impacted to the extent that both auto and
pedestrian traffic will be made difficult.
I respectfully suggest that you have some discussions with other board members
and with your sources on the city council. There must be many empty lots more
suitable for a used car lot that generates much traffic and stays open seven days a
week, for long hours.
George Steffensen #78
1493 Sallal Road
981-7108
April 23,1999
Mary Chadwick, City Council
I see in the April 13 Minutes of the Senior Estates Board, that Hillyer Ford Co wishes to put a
used car lot on the SH 214 curve, at the end of Princeton Ave. They have scheduled a me~ting
with the residents of Rainier Road to tell them of this. Those people are very concerned in such a
deal, but everyone in the Estates should be concerned also. I am enclosing a note to Marjorie
Thompson, President of the board, to tell her of my views. I hope you can look at this situation
unfolding and put in a word with the council members most involved.
George Steffensen
1493 Sallal Road
981-7108
April 23,1999
Barbara Lucas
I see in the minutes of the April 13 meeting of the Senior Estates Board that the
Hillyer Ford Co wants to put a used car lot in the SH 214 curve. I am enclosing a
note to Marjorie Thompson telling her of my concerns and a note to Mary
Chadwick asking for some consideration of the City Council.
Will this situation ora used car lot in that location impact the traffic situation on
214.'?
Is this something you will be interested in?
George Steffensen
1493 Sallal Road
981-7108
April 27, 1999
Letter from Bert Gottsacker:
Communication was acknowledged by the City Council at their April 26, 1999 meeting.
was not considered or added to record per advice of City Attomey.
Mary Tennant
City Recorder
Letter
Councilwoman Elita Sifuentez
860 E. Lincoln St.
Woodburn, Or. 97071
April 18, 1999
Dear Elita:
I watched the April 12 Council Meeting on TV and am very upset
with the councils decision to denie the Boones Crossing Project.
For many years the prior City Councils have been concerned about
what would happen to the people in the Brown, Stark and Bradley St.
area, if there was a disaster on all of Cleveland St.(maybe a Gas
l~ne would erupt and the wind was coming from the North) and you
had to'evacuate all the people in the brown st. area, plus all the
people in the newer developments and you only had a short period
of time to get them all evacuated. "Think About It." You would
have only one gravel street along the Railroad Tracks and it would
come out at the tracks and boones ferry rd. Do you really feel
this street would be ample for an Evacuation of that area. Ask
your city Police, they should know.
This is one of the reasons that the Brown St area laid dormant for
many years.
This Council had an opportunity to give those people another South
Exit Out, but no, they denied the project, why, I will never
understand.
The developers offered the City $20,000.00 to clear up an easement
on Brown St., so a street could be put through and the project would
have donated over one million dollars in other amenities. What more
can the city ask for?
After the hearing was closed, the council members had their discussion
and comments. 95% was all about the traffic on Settlemier and the
largest concern was the intersection of settlemier and Hwy. 214.
This is why the motion was made and seconded to denie the Boones
Crossing project.
I have one question I would like answered?
If you denied the Boones Crossing project on South Boones Ferry Rd.
because of the impact it would have on the Hwy 214 and Settlemier
intersection, then why, within ½ hour you did approve a 10 acre
project on North Boones Ferry Rd. that would have as much or more
impact on Hwy 214 and Settlemier intersection. There are many
of us who would like an answer to this.
I don't feel the concerns was really the intersection, I think it
was the additional traffic it may generate on SettlemierAve and if
that is the case, I think it'also has ~a~.solution.
Pg-1 .
When the Council approved the realignment of Evergreen st. for
Capitol Development they approved phase 1 with evergreen improvement
and when they get approval for phase 2- they would have to bring
evergreen st. to their south property line. When they do this it
will bring evergreen st. to within 1100 ft. of Parr Rd. This 1100 ft.
strip of land would be on part of the ease boundry line of a 93 Ac.
farm owned by John & Gerry Weisz. Years ago there was a labor camp
on this part of the farm. I understand there is a utility easement
on this 1100 ft. strip. I have been told it was 30 ft~wide but
I don't know if that is correct. The record would have to be checked.
I would think capilol development would be doing more development
with all their apartment and commerical land. I don't know whY~-~'~,
Woodburn couldn't require Capitol Development to put Evergreen St.
out to Parr Rd. whenever they ask approval for any New projects.
Evergreen & Parr Rd. would be just 4/10 of a mile ~om ~en~Park.
Parr Rd. has a 60 Ft. Right-Of-Way for roads if it ever had to be
wider.
Well I guess I should get back to what I wrote to you about.
Elita, I hope you and the council will reconsider their decision
on ~he Boones Crossing Project.
As you can see I do consider lives more important than any traffic~
on any street in Woodburn.
Thank you for hearing my concerns and if you have any questions
give me a call. 981-5000
Sincerely,
Bert ~ Gottsacker
PoS.
The Council members should speak closer to their mikes,
so the TV audience could hear them better.
P~-2.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council though City Administrator
Public Works Program Manager f'~
Bid Award for Asbestos Abatement for City Annex Building at 190
Garfield Street
April 26, 1999
RECOMMENDATION: Award contract for abatement of an asbestos hazard at the
city annex building to Insulation Removal Corporation for $5,680.00
BACKGROUND: City of Woodburn bid number 99-21 for asbestos abatement at the
city annex building, the old bank building at 190 Garfield Street, was opened at 3:00
pm on April 15, 1999. The results were as follows:
Bidder
Insulation Removal Corporation
Rose City Contracting
Keystone Contracting
Lincoln Christi Inc.
Global
Amount
$ 5,860.00
$ 6,891.00
$ 9,300.00
$ 9,814.00
$12,920.00
During renovation of the old bank building at 190 Garfield Street, it was discovered
that a tunnel around the edge of the building contained an old unused insulated hot
water line. The insulation for this hot water line was discovered, after testing, to
contain asbestos. An earlier heating, ventilation and air conditioning (HVAC)
renovation of the building had also damaged the insulation in spots. The old tunnel,
as a result of the HVAC renovation, was used as part of the air distribution system.
Extensive testing of the building revealed additional minor asbestos contamination is
some of the HVAC ductwork in the building and on the roof of the building.
The testing of the building and expert opinions on the asbestos contamination were
provided by an environmental consultant, PBS Environmental. PBS prepared plans and
specifications to abate the asbestos hazard in the building by removal of the insulation
from the water pipes and cleaning of the HVAC ductwork. PBS will also be retained
to monitor removal of the asbestos and conduct post removal testing to ensure the
hazard has been abated. Total cost for the removal, environmental consultation and
the extensive testing should not exceed $12,500. Staff is recommending award of
the contract for abatement of the asbestos hazard to Insulation Removal Corporation.