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Agenda - 08/26/1996 AGENDA WOODBIIKN CITY COlIN'CH. AUGI. 26, 1996 - ?:iX) P.M.. CIIT HALL - 270 MONI'GOMER¥ ST. A. Council minutes of August 12, 1996 regular and executive meetings. B. Council minutes of August 19, 1996 special and executive meetings. C. Planning Commission minutes of August 8, 1996. APPOINTMENTS: 3A ANNOUNCEMENTS: Ae public hearinqs on Seotember 9. 1996. 7:00 o.m.. City Hall: {1) annexation of certain property located on the west side of Boones Ferry Rd. near Country Club Rd.; (2) annexation of certain property located on the east side of Boones Ferry Rd. near Tukwila. Be Council Workshop - Street Improvements Seotember 10. 1996 - 7:00 o.m.. City Hall Council Workshop with Woodburn Planning Commission and Marion County Housing Authority - Community Impact of Low/Moderate Income Housing Programs. ~;eotember 30. 1996. 7:00 o.m., City Hall. De Public hearing on appeal (by Mar-Dene/Wendy's) of Final Order SPR 92-12 (Holiday Inn Express), October 14. 1996 - 7:00 o.m.. City Hall Ee Council workshop with Budget Committee - Review of Goals October 28, 1996 at 7:00 p.m. {tentative). PROCLAMATIONS A. Chamber of Commerce B. Other Committees Page 1 - Council Agenda, August 26, 1996. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. items for Council consideration not already scheduled on the agenda.) A. Council Bill No. 1745 - Ordinance submitting to the voters of Woodburn an advisory ballot concerning property acquisition by the City in the downtown area. B. Council Bill No. 1746 - Resolution authorizing grant application to 1996 Mid-Willamette Valley Rural Investment Fund for the Downtown Development Plan. C. Request for use of sound amplification equipment and closure of downtown parking lot for Salud Medical Center Health Fair. D. Acceptance of public utility easements - Parr Acres. A. Site Plan Review Case No. 95-26, Esperanza Court. A. Sewer Use Ordinance (staff presentation) B. Appeal of Planning Commission decision to Council (Wendy's). C. Progress on repair of downtown Salud building. A. To conduct deliberations with persons designated by the governing body to negotiate real property transactions. ORS 192.660(1)(e) B. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ORS 192.660(1)(h) 10A lOB 10C 10D 15A 15B 15C Page 2 - Council Agenda, August 26, 1996. TAPE 000~ 9003 ~0~0 QQ20 0030 0040 COUNCIL MEETING MINUTES August 12, 1996 3A DATE.,.. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, BTATE OF ORE~ON, AU~BT 12, 1996. f=Q~ The-Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director C~oeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Public Works Manager Rohman, City Recorder Tennant Councilor Jennings requested that a New Business item, Police and Parks overtime costs for special events, be added to the agenda. JENNINGS/FIGLEY .... approve the Council regular and executive session minutes of July 22, 1996; and accept the Planning Commission minutes of July 25, 1996. The motion passed unanimously. ANNOYS. (A) A Council workshop is scheduled for August 19, 1996, 6:00 p.m., City Hall Council Chambers, for the purpose of discussing the Water Master Plan and the draft Downtown Plan. (B) A Council workshop has also been scheduled for September 10, 1996, 6:00 p.m, City Hall Council Chambers, for the purpose of discussing future street improvement projects. ~ENTATION - _~.TIFICA__TEOFAPPP~CTmTIONTO~ZSTER MCBRIDE. Mayor Kirksey presented Lester McBride with a Certificate of Appreciation for his work in designing and organizing the City Hall grounds beautification project as part of his Eagle Scout project. Mr. McBride thanked the City for their cooperation and the opportunity to follow through with this project. He also + Page 1 - Council Meeting Minutes, August 12, 1996 COUNCIL MEETING MINUTES August 12, 1996 TAPE p~ING On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1740 duly passed. ~263 COUNCIL B~r. 1741 - p~8OLUTIONADOPTIN~A LIOUORAPPLICATION POLICY FORNEWAPP~ICATIONS AND RENEWALS. Councilor Hagenauer introduced Council Bill 1741. 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 Kirksey declared Council Bill 1741 duly passed. Q285 COUNCIL BILL 1742 - ~SOLUTION ENTERING INTO AN AGREEMENT WITH MARION COUNTY FOR INTER~OVERNNRNTAL EMERGENCY NANA~~ C00P~RJk~ TIVE AGREEMENT, ' Councilor Hagenauer introduced Council Bill 1742. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1742 passed unanimously. Mayor Kirksey declared the bill duly passed. 0 o3 9322 COUNCIL ~tt 1743 - RESOLUTION ENTERING INTOAN INTER~0V~9~V~T~C~P~TION AGREEMENT FORGANG INTERVENTION SPECIALIST PROJECT, Council Bill 1743 was introduced by Councilor Hagenauer. 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. The Mayor declared Council Bill 1743 duly passed. COUNCIL BIz.5 1744 - R~50LUTIONENTERING INTO A "STF-8" A_~_w~NT. WITH ~a?.~~ATI~%NSIT DISTRICT FOR SPECIAL ~t~NSPO_R'F~TZON~8 FOR T~ DIaL-A-RIDE PROgRaM, Councilor Hagenauer introduced Council Bill 1744. Recorder Tennant read the bfll by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1744 duly passed. 0346 CONTRACT A.W~n - S~T RNPA!R AND RE~URFACING CONTRACT, Bids for the repair of Progress Way and the repair/resurfacing of Oregon Way were received from the following contractors: Morse Bros., $160,650.00; Kerr Contractors, Inc., $173,033.00; and D & D Paving, $178,914.00. It was noted in the staff report that the engineer's estimate for this project was $146,458.50. Following the review of the bids, staff has recommended that the original bid specifications be modified to reduce contract costs, and, based on these reductions, recommend that the Council award the bid to Morse Bros. in the amount of $120,220.00. Page 3 - Council Meeting Minutes, August 12, 1996 3A TAPE READING 0402 0418 0430 0451 COUNCIL MEETING MINUTES August 12, 1996 JENNINGS/PUGH... award the street repair and resurfacing contract to Morse Bros. (low bidder) in the amount of $120,220.00. Councilor Jennings stated that he, along with other Councilors, have expressed concerns regarding the priority list designating street improvements and will agree to this contract award, however, no other projects should be advertised prior to the Council holding the street improvement workshop next month. The motion to award the bid to Morse Bros. passed unanimously. MERIT PAY INCREASE -- FINANCE DIRECTOR. Administrator Childs recommended that Finance Director Gillespie receive a 5% merit pay increase effective August 1996. · JENNINGS/FIGLEY .... approve a merit pay increase of 5% ~or Finance Director Gillespie as recommended byAdministrator Childs. The motion passed unanimously. APP~0FAL OF CLAIMS FOR JULY 1996. SIFUENTEZ/PUGH .... approve voucher checks #33000 - #33247 issued during the month of July 1996. The motion passed unanimously. Mayor Kirksey informed the public that Dr. Albert Frazier, a longtime friend to many individuals within the community and resident of Senior Estates, had passed away on Saturday afternoon and she expressed her condolences to the family. NEW BUSINES$ - OVEKTIME COSTS FOR SPECIAL EVENTS. Councilor Hagenauer brought the issue of high overtime costs to the Council for the purpose of initiating a review of these costs and potential reimbursement from festival organizers of some or all costs incurred by city departments. Councilor Jennings. agreed that the City should be looking into this situation since certain functions held within the City are making money and overtime costs for police and park maintenance personnel are quite high. Councilor ~ifuentez ~tated that the City needs to research what other cities are doing to recoup their costs from special events. Councilor Pugh also stated that cost reimbursement has been practiced by other large cities that he has lived in for many years. Administrator Childs stated that he would work with staff to formulate cost figures associated with various events along with researching policies implemented byother cities and he will report back at a future meeting. 3A Page 4 - Council Meeting Minutes, August 12, 1996 T~PE ILE~DING 0631 0675 COUNCIL MEETIN~MINUTES August 12, 1996 Councilor Jennings also questioned the status of the Super 8 Motel complex. Director Goeckritz stated that the permits have been issued, however, they are discussing the development'fees with the Public Works Director at this time. Councilor Pugh requested that staff follow-up on an unsightly condition existing in an area near Evergreen Road. STAFF REPORTS. A) Data Processing Strategic Plan -- In a memo from Finance Director Gillespie, he informed the Council that the City is currently advertising for a consultant to develop a Data Processing Strategic Plan. Funding for this project was approved by the Budget Committee and Council as part of the 1996-97 budget. '- B) US West Franchise Renewal -- ~x~ministrator Childs informed the Council that the staff is currently negotiating the franchise renewal with the company. Staff is also negotiating for an increase in the franchise fee to 7% (currently 5%) which is allowed under state lawand in effect within several Oregon cities. C) General Election Filing Deadline -- Nomination petitions for the positions of Mayor and Councilors in Ward I, II, & VI must be received by the City Recorder no later than Monday, August 26, 1996, 5:00 p.m., in order to be placed on the General Election ballot. D) Marion County Housing Authority Farmdale Housing Complex Open House -- The Mayor and Council received a flyer from the Marion County Housing Authority inviting them to attend an Open House on Monday, August 19th, 12:00 noon to 3:00 pm, to view the remodeling whichhas been completed at the complex which is located at 1219 W. Lincoln Street. E) Letter from Attorney Bill Kloos representing Mar-Dene Corporation -- Attorney Shields advised the Council not to set or schedule a hearing until the Land Use Board of Appeals (LUBA) makes a decision on the issue(s). Therefore, no specific action was taken by the Council at this meeting. F) Building Activity Report for July 1996. 3A Page 5 - Council Meeting Minutes, August 12, 1996 COUNCIL MEETING MINUTES August 12, 1996 TAPE READING Councilor Pugh stated that, following the two town hall meetings he had called, he has filed to run for office (Councilor - Ward I) and is proud of the fact that he is running for this office. Councilor Sifuentez stated that she has also filed for re- election to her position (Councilor - Ward VI). Councilor Jennings stated that he will be filing for the Ward II Councilor position. Mayor Kirksey also stated that she has filed for re-election as Mayor and is also proud of running for this office. In regards to completing the business items in the agenda packet within a half-hour, she stated that the staff ' preparation is one major factor while the other major factor are informed Councilors who care and work on the hard issues before the meeting so that they can ultimately do their best for the City. Mayor Kirksey also applauded the Police Department for their on-going efforts to fight criminal drug activity within our community. ~x~ditionally, National Night Out was a success since many neighborhoods participated in this annual event. She had hosted an ice cream social at her home which brought neighbors from each end of the street together, not only for a specific purpose, but to visit with each other and renew acquaintances. 1225 The meeting recessed at 7:37 pm and reconvened at 7:58 pm. ~232 1241 ~Y~CUTIVE SESSION. JENNINGS/PUGH... adjourn to executive sessionunder OR~ 192.660(1) (E) and ORS 192.660(1)(h) to conduct deliberations with persons designated by the governing body to negotiate real property transactions and to consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The meeting adjourned to Executive Session at 7:59 p.m. and reconvened at 9:37 p.m.. Mayor Kirksey stated that she is still concerned about the City's liability coverage and would like to have a Committee review the coverage. JENNINGS/FIGLEY... appoint 2 members of the Council, along with the Mayor, to look at liability insurance policies. The motion passed unanimously. Mayor Kirksey appointed Dick Pugh and Don Hagenauer to the Committee. Page 7 - Council Meeting Minutes, August 12, 1996 3A TAPE EaDXNG COD~CIL M~ETING MINUTES August 12, 1996 3A 1260 ADJOURNMENT. JENNINGS/PUGH... meeting be adjourned. unanimously. The meeting adjourned at 9:40 p.m.. The motion passed APPROVED NANCY A. KIRKSEY, MAYOR ATTEST~ Mary Tennant, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, August 12, 1996 Executive Session COUNCIL MEETING MINUTES August 12, 1996 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12, 1996. The Council met in executive session-at 8:00 p.m. with Mayor Kirksey presiding. Mayor Kirksey Present Councilor Chadwick Present Camndlor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be di~mss~ with the public. Staff Present: City Admini.~rator Childs, City AtWrney Shields, City Recorder Tennant Pre~s: Patrick Jolmson, Woodbum ]ndependeat; Meghan Stone, Northland Cable TV (1) The fu~t portion of the exec~ve session was called under the authority of ORS 192.660(1Xe) to conduct delibemions with persons designated by the governln~ body to negotiate real property transactions. (2) At 8:07 p.m., the executive session was held under the authority of ORS 192.660(1)00 to consult with conn~l concerning the legal rights and duties of a public body with regard to current litigation or litigation ll~,ely to be filed. Mark Rauch, Staff Attorney for City/County Imumn~ Services, was in atte~_,nee during this portion of the executive session. The executive session adjourned at 9:35 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, (h~on Page 1 - Executive Session, Council Meeting Minutes, August 12, 1996 SPECIAL COUNCIL MEETING MINUTES August 19, 1996 TAPE READING a program that would bring the community together. The WDA will be going into a joint partnership with the City to apply for funding which would develop a plan that would address the issues outlined in Councilor Pugh's memo. She questioned why the City would want to present this issue separately rather than working with the WDA to bring this issue before the community. Councilor Pugh stated that he feels that the issues within his memo are far more broader than the issues to be dealt in downtown development plan. He expressed his enthusiasm and support for the WDA/City project, however, he also feels that the City needs the support of the electorate to accomplish the issues that he has brought forth to the Council. Ms. Grijalva expressed her opinion that the representatives of the WDA represent diversity and the City should give them an opportunity to come up with a plan without having specific issues being dictated to the them. 028O Barbara Lucas, 214 E. Clackamas, expressed her opinion that the Council should get public input on these issues before the City gets in too deep. She stated that the issues brought up by Councilor Pugh have been looked at by several committees over the last five years andunless you have land to put facilities on you are only developing a plan. There has been minimal publicity about the needs of the City in the downtown area and few people are aware of the what is needed by the various departments. 0335 9371 Preston Tack, 2197 Camilla Way, expressed his opinion that a comprehensive plan is missing and the plan needs to be in hand before property is procured. PUGH/HAGENAUER... refer the above five items to the electorate for a decision on the November ballot. The wording should be as follows: -Should the City of Wooclburn acquire property, either by purchase or condemnation, for civic center activities within close proximity of the Library, City hall, the Aquacenter and the city-owned east parking lot? The purpose of this action is to plan and implement the needed transit center, community center and performing arts theater, the consolidation of city services for efficiency's sake and the necessary parking facilities to service same.". 0400 Councilor Figley stated that she has no problem with placing the issue on the ballot but is concerned about the absence of a plan and cost for property, and would rather have the voters vote on something specific with costs. 3B Page 2 - Special Council Meeting Minutes, August 19, 1996 TAPE 0614 0685 SPECIAL COUNCIL MEETING MINUTES August 19, 1996 Councilor Jennings stated that he would like to know what the public wants, however, he is not sure if the Council would get a true response to the issue without having a price-tag included on the ballot. He is in full support of a new community center but it is unknown as to where a new center would be located or how much it will cost. An advisoryballot will give the Council direction on the general issues while a future bond issue will ultimately decide if a new center or any other city facility is built. He also suggested that the ballot language be reviewed by our Attorney and, if necessary, modified to meet election law requirements. Councilor Sifuentez expressed her opinion that the advisory ballot was a tool which will give the Council a direction to follow. The voters will still need to decide on specif%c future projects as those projects are solidified into specific plans. Councilors Hagenauer and Chadwick agreed with the proposal for an advisory ballot and offered no additional comments on the subject. Administrator Childs stated that our Attorney has done some preliminary research on the advisory ballot issue and agrees that an advisoryballot could go on the November ballot so long as a resolution and ballot title is brought to the Council at their next meeting. He also requested that the Council give the staff a little flexibility in writing the ballot title to ensure that the ballot ~itle meets state election law requirements. Mayor Kirksey expressed her opinion that the advisory ballot is asking for direction from the community as to whether or not services should be centralized. She would also like to see staff work on the ballot with herself and Councilor Pugh to review their work before the ballot is finalized. Councilor Jennings expressed his opinion that the WDA is the pulse of the business community rather than the general taxpayers who also pay the bills. He strongly supports the WDA but also feels that input from the rest of'the community is necessary to determine if they want the facilities centralized. On roll call vote, the motion passed unanimously. 3B Page 3 - Special Council Meeting Minutes, August 19, 1996 SPECIAL COUNCIL MEETING MINUTES August 19, 1996 TAPE READING 0745 JENNINGS/PUGH .... special meeting be adjourned. passed unanimously. The meeting adjourned at 10:07 p.m..' The motion 3B APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 4 - Special Council Meeting Minutes, August 19, 1996 Executive Session COUNCIL MEETING MINUTES August 19, 1996 3B DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREC~N, AUGUST 19, 1996. CONVENED. The Council met'in executive session at 9:02 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor I-Iagenauer Present Councilor ~ennings Present Councilor Pugh Present Councilor Sifuentez Present Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Staff Present: City Adminislrator Childs, City Attorney Shields, City Recorder Tennant Press: Patrick Johnson, Woodbum Independent; Meghan Stone, Northland Cable TV ~ executive session was called under the authority of ORS 192.660(1Xe) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. AIXJO~NT. The executive session adjourned at 9:40 p.m.; APPROVED NANCY A. KIRKSEY, MAYOR ATTEST City of Woodbum, Oregon Page I - Executive Session, Council Meeting Minutes, August 19, 1996 MINUTES WOODBURN PLANNING COMMISSION AUGUST 8, 1996 3C 1! 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: MINUTES: Mrs. Bjelland Present Mr. Atkinson Present Mrs. Warzynsld Present Mrs. Henkes Absent Mrs. Schultz Present Mr. Will Present Mr. Lawson Present Mr. Frawley Present Mr. Palmer Present Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner Jason Tuck, Planning Tech Commissioner Warzynski made the motion to accept the July 25, 1996 minutes as printed. · Commissioner Palmer seconded the motion. A vote was taken and the minutes were accepted as printed. BUSINESS FROM THE AUDIENCE: None COMMUNICATION: None PUBLIC HEARINGS: A. Site Plan Review 95-26 Esperanza Court - Continued from July 25, 1996. PCM~PCM8-8.96 SG:bw The opening statement required by law was read into the record on July 25, 1996. Staff gave an overview of the staff report and all conditions of approval. The applicant is the Farmworker Housing Association. The property location is between Cleveland, Oak, Front, and First Streets. The property is designated on the Comprehensive Plan Central Business District (Commercial). The property is 32,188 square feet approximately 3/4 of an acre..The applicant wishes to build a 12 unit apartment complex and a 1500 sq. ft. office complex. Both of these uses are allowed within this designation. The apartment complex will be a two-story structure. The office complex will have approximately 4 employees. The applicant has met the criteria as required. Commissioner Warzynski asked if them was one central door way leading into the complex? Staff answered there are individual accesses. Commissioner Lawson had some concerns about condition of approval no. 8, the upkeep of the curbing, striping, bike rack, etc. regarding enforcement. Staff stated this would be a violation of the zoning ordinance and staff has steps they can take to insure these will be maintained. Commissioner Atkinson asked if there was on street parking on Cleveland, Oak, Front and First? Staff stated at this time them is on street parking on Clevland, and on street parking on one side of First. With the widening of First Street them could be on street parking on both sides. Greg Winterowd, Land Use Planning Consultant, Portland, representing the Farmworker Housing Development Association. He stated over the past few months they had worked very hard in order to meet the required standards. He stated staff had gone over the issues he wished to cover. Commissioner Schultz asked about the process the applicant went through for choosing this site, (due to her being on the city facilities task force) and this property being located so close to the other city facilities. Mr. Winterowd answered the closeness of the park, and people being able to walk to facilities in the downtown area contributedto choosing this site. Commissioner Will asked about page 4, section 3, for the record, it states Mr. 3C PCMU=CMa-8.9 6 SG:bw 2 Winterowd's opinion the policies of the Woodburn Comp Plan does not apply to this. Why? Mr. Winterowd answered it is a matter of state law. 3C Alma Grijalva answering Commissioner. Schultz's question regarding how this particular property was chosen, stated the property located at 195 Oak Street was privately owned and on the real estate market for many years. They made a bid on it. Mrs. Grijalva is the Executive Director of the Farmworker Housing Association. She read into the record a letter from the Farmworker Housing Association President of the Board of Directors, Mr. Henry Miller, who is ill and not able to attend tonight's meeting. Jason Tuck, Planning Tech, read into the record, the submittal of Exhibit .1 from Farmworker Housing Association, Board of Directors President, Mr. Henry Miller. Commissioner Lawson asked what the estimated value of the project was and if the applicant would be paying cash in lieu of taxes? Mrs. Grijalva was not sure how the value of the project was relevant to the need for a decision but it was about $650,000. With Nuevo Amanicer they file a tax claim with Marion County and they are currently paying taxes at this time. Commissioner Warzynski asked if the rental of these apartments would be limited to farm worker families only? Mrs. Grijalva answered yes, their organization serves the farmworker families. Commissioner Will asked what year was their charter for their organization? Mrs. Grijalva answered in 1990 with the State of Oregon. She also stated they were a nonprofit organization. Commissioner Will asked if they were on the sheltered rent program with Marion County. Mrs. Grijalva answered no, they were a private non-profit community development organization with our own entity and have our own board of PClV~PCM8-8.96 SG:bw 3 directors. We are not associated with Marion County. Herronimoe Arroso, resident of Nuevo Amanicer apartments. I am also a resident member of the Re-Creation of Special Cultural Events at Nuevo Amanicer. I have been living in the City of Woodburn for 11 years. I call Woodburn and Nuevo Amanicer my home and my community. Qualifying to live at Nuevo Amanicer was a blessing. Nuevo Amanicer has provided me and my family a place that I could really call our place. Nuevo Amanicar has been like a small community to us. It is not only the affordable rents that I like at Nuevo Arnanicer but the residents that have teenagers can participate in educational and social accepted security related programs. These programs have help me to appreciate Nuevo Arnanicar and to take care of it as my own home. I am here to testify and support the Farmworkers Housing Corporation to build Esperanza Court. I am sure that Esperanza Court will look nice. I like how the houses are going to look for various reasons, I like the porches in front of the house because it gives the families a place to rest and talk with their neighbors, I also like the green area in the front and the parking.in the back, I think this will make the area and the houses look nice, The playground will be in the back and this is very important for the safety of the children. The parents can watch them there while the parents can rest on the lawn. Esperanza Court will be close to places where they shop. We can walk or ride a bicycle. At Nuevo Amanicer the people help us in the community. They help us form a neighborhood watch to prevent crime. When we see crime at Nuevo Amanicer we report it immediately. Our community at Nuevo Amanicer is an example for housing. Please, I ask you to approve the construction of Esperonza Court. Thank You. Miclose Gonzales, I live at Nuevo Arnanicer, I attend Woodburn High School in the loth grade. I am 15 years old. I like the green areas, they are well taken care of. I also like the design of play areas away from the traffic. This prevents accidents. I know that Farmworker Housing Development Corporation is going to build Esperonza Court and they will menage it like Nuevo Amenicer. I like the idea of the parking area in the back of the building and the landscaping in the front. This is going to look nice and it will offer the residents safety and security. At Nuevo Amanicer FHAC has helped us organize ourselves. There are residents communities responsible for education, recreation, safety and security. We take care of our houses and we if we see criminal activities we report them. FHAC works closely with us, the parents, the children. The youth at Nuevo Amanicer has formed a group called the New Breed. The purpose of the group is to foster human development and self- esteem in youth. We discuss family and social and cultural issues and values. We have organized and participated in community programs that contribute to the betterment of the general community. We have organized Christmas 3C PCM~PCM8-8,96 SG:bw 4 activities, sport tournaments, fund raising activities. Other housing complexes we lived in did not provide this opportunity. I'm excited that FHAC is going to build Esperonza Court. it going to be close to the library, stores, school, parks and other places where we can walk or ride our bikes. Please, I ask you to approve the construction of Esperonza Court. Thank You. Peitro Farrari, Housing Development Manager with CASA of Oregon. He stated that CASA of Oregon worked with Farmworker Housing in the building of Nuevo Amanicer. It was a project that generated national attention because of the creative financing by leveraging private sector financing with public sector. We also believe that Esperonza Court will follow that mold. A number of social services agencies will assist the residents of the housing. We are here to support the housing project. The need for housing is critical in the State of Oregon. Studies show there is about 150,000 farmworkers residing in the State of Oregon at different times. Only about 10% find some type of housing. 80% are living in the worst housing in the state. The remaining 10% are homeless. Esperonza Court will help families regain their dignity. ' Anthony Velez, ~. ~. 9 S. Front Street, stated he and his family are in support of this project. His father spoke in favor of the project. Staff read into the record a letter from Western Computer Management Corporation in support of the project. Entered into the record as Exhibit 2 for FHAC. Chairperson Bjelland asked if there was any one else who wished to speak for this project. There were none. She then asked if there was anyone who wished to speak against this project. There were none. She closed the public hearing. Commissioner Warzynski commented Nuevo Amanicer is a real asset to the community. She asked why it was not completed before this project was started? She stated everyone could see the need for more affordable housing. She stated in future planning, the surrounding buildings should be considered as stated in the Oregon Goals. Staff answered in regards to Nuevo Amanicer, they recently submitted plans tO complete another 40 units. There wes some difficulty in securing financing to move forward with this project. Funding is now available to complete this project. Commissioner Warzynski asked if it was the same applicant for this project. 3C PCM~PCM8-8.96 SG:bw 5 Staff answered yes, the site plan approved in 1992 by the Woodburn Planning Commission will be Phase II. Commissioner Lawson stated he felt it was unfair that all the farmworker housing should be in Woodburn. He discussed his reasons for this feeling. The primary reason for concern is that fact that not a propertional share of property tax goes to the schools. He was curious as to why some of farmworker housing could not be built in Silverton, and other surrounding areas. He stated his thoughts had nothing to do with housing per say. He complemented the people who have administered the program here in Woodburn. He stated it is the responsibility for a Planning Commission to plan for a quality city that is a good place for everyone to live. He felt there should be a balance of economic development. Commissioner Frawley stated he has the same concerns as Commission Lawson. Commissioner Palmer asked staff about the loading and unloading space requirement in the Zoning Ordinance. He stated this could not be approved until this issue was resolved. He moved the project be denied until the issue was resolved. Staff answered the parking area used for loading and unloading is complementary. It does not mean two are needed. They must be able to provide at least one for loading and unloading. Commissioner Palmer stated the ordinance calls for one space for the office complex and one for the apartment complex. Chapter 10.060 of the Zoning Ordinance. Staff answered a 1500 sq. ft. bUilding with 4 employees should not have much need for a loading and unloading space. Commissioner Palmer stated he was just reading what the ordinance said and he felt that a variance was needed to have this approved. This does not fit the zoning ordinance. Staff stated it needed to be looked at this issue and see if there is an opportunity to make provisions for that. Commissioner Palmer stated there was a motion on the floor to deny this proposal based on this criteria. 3C PCNI~PCM8-8.9 6 SG:bw 6 Staff reminded the Commission of the 120 day rule, that such action could not be justified if the issue could be solved. Commissioner Palmer's motion died for lack of a second. Commissioner Lawson moved to have the legal status of this issue to be worked out with staff and the developer. If it can not be worked out, then bring it back to the Planning Commission. Commissioner Will made a motion for a continuation of the hearing and brought back to the Planning Commission for a legal interpretation from staff. Commissioner Warzynski seconded. There was further discussion regarding the motion. A roll call vote was taken: Commissioner Palmer No Commissioner Frawley Yes Commissioner Lawson No Commissioner Warzynski Yes Commissioner Will Yes Commissioner Schultz Yes Vice Chairperson Atldnson Yes Chairperson Bjelland Yes SPR 95-26 was continued until August 22, 1996. Staff informed the Commission and audience that it will not be a public hearing rather a discussion item only among the Commission members and staff. A five minute recess was called. Chairperson Bjelland called the meeting back to order. B. Annexation 96-02, Zone Change 96-01 Staff read the statement necessary to open the public hearing. He also read the Approval Criteria, the Raise it or Waive it Rule, the Right to Have the Record Remain Open, and The Right to a Continuance. The applicant, Mark and Christine Baglien, wished to annex 1/3rd of an acre to 3C PCM~PCM8-8.96 SG'~w 7 the City of Woodburn. In addition they are requesting a zone change from Marion County Urban Transission Farm (UTF] to city zoning of Multi-family Residential (RM). The property is located at 2610 N. Boones Ferry Rd. Staff recommended approval of the annexation and approval of the zone change subject to approval of the annexation. There was discussion on the location of the property. Chairperson Bjelland asked if there was anyone who wished to speak for the proposal. Staff read into the record a letter from Halton Development in support of this proposal. Chairperson Bjelland asked if there was anyone who wished to speak against this proposal. There were none. She closed the public hearing. Commissioner Will made the motion to recommend to the City Cou~tcil to approve Annexation 96-02 and recommend the Zone change 96-01 be approved subject to the condition that the annexation be approved and become effective. Commissioner seconded the motion. A vote was taken and the motion passed. C, Annexation 96-03, Zone Change 96-03. Staff read the statement to open the public hearing. Staff read the Approval Criteria, the Raise it or Waive it Rule, the Right to Have the Record Remain Open, and the Right to Have the Hearing Continued. The nature of the application was a request for annexation so the applicant can receive city services. The zone change request is from Marion County Urban Transission Farm (UTF) to city zone of Single Family Residential (RS). Chairperson Bjelland asked if there was anyone in the audience who wished to speak for this proposal. There were none. She asked if there was anyone in the audience who wished to speak against this proposal. There were none. She closed the public hearing. Commissioner Palmer made the motion to recommend to the City Council to approve Annexation 96-03 and approve Zone Change 96-03 with the condition that the annexation is approved and becomes effective. 3C PCIV~PCMS-8.96 SG:bw 8 3C 6) 7) 8) Commissioner Frawley seconded the motion. A vote was taken and the motion passed. DISCUSSION ITEMS: A. Survey Questionnaire - after extensive discussion a draft questionnaire was created. Staff stated it would be put in Spanish also. There was some discussion about putting the questionnaire in Russian. Statewide Planning Goals - for Commission information WDA/City, Downtown Planning Grant - Downtown Planning Grant Be C. REPORTS: A. Lot Line Adjustment 96-02 Applicant: Leroy Miller 1186 and 1188 N. Pacific Hwy., Staff stated they needed acknowledgement from the Commission for the administrative approval of Lot Line Adjustment 96-02. Lot Line Adjustment 96-01 - 1140 N. Pacific Hwy end 1188 N. Pacific Hwy. Les Schwab property and property to the east. Applicant: Leroy Miller/Diana Tomseth Staff stated they needed acknowledgement from the Commission for the administrative approval of Lot Line Adjustment 96-02. BUSINESS FROM THE AUDIENCE: Commissioner Palmer had some concerns regarding the parking spaces at the corner of Hayes and First the north west corner. He felt the spaces were too close to the corner. Visibility in impaired. Commissioner Frawley stated Lawson Avenue needs attention. nightmare. It is a Staff stated these will be addressed sometime in the future. PCM~PCMS-8.96 SG:bw 9 ADJOURNMENT: There being no further business. Commissioner Palmer made the motion to adjourn. Commissioner Frawley seconded. A vote was taken and the meeting adjourned. 3C PCIVI~PCM8-8.96 SG :bw 10 TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ November 5, 1996 Advisory_ Ballot Measure August 23, 1996 At a special meeting on August 19, 1996 the Council directed the preparation of a ballot title to be presented to the voters of the City of Woodburn at the November 5, 1996. The accompanying Council Bill (ordinance) and ballot title have been prepared for formal Council action in that regard. IOA - IOA COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF WOODBURN AN ADVISORY BALLOT CONCERNING PROPERTY ACQUISmON BY THE CITY IN THE DOWNTOWN AREA AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn is experiencing 8 period of tremendous growth and is at a critical stage in planning for the future, and WHEREAS, the new Woodbum Aquatic Center has recently been constructed in close proximity to City Hall in the downtown area; and WHEREAS, it is imperative that the Woodburn City Council plan for the future so that the best location of facilities such as a transit center, community..center, and/or performing arts theater can be determined; and WHEREAS, the City Council needs advisory input from the voters so that these critical decisions can be made; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That an advisory ballot concerning property acquisition by the city in the downtown area be submitted to the legal electors of the City of Woodburn at the State general election on November 5, 1996, to be held concurrently therewith as a part thereof. Section 2. That this ballot shall be submitted to the voters in the form of a Ballot Title, which is attached hereto as Exhibit 'A' and is, by this reference, incorporated herein. - Sdctlon 3. provisions of law. law. Said election shall be held in accordance with the applicable The appropriate notices shall be given as provided by applicable Section 4. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, a.n emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Page I - COUNCIL BILL NO. ORDINANCE NO. .~S/N. I!o~rt Shields Approved as to form: City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A'I-rEST: Mary Tennant, City Recorder City of Woodburn, Oregon Date Nancy A. Kirksey, Mayor 10A Page 2- COUNCIL BILL NO. ORDINANCE NO. IOA CAPTION: Exhibit 'A" Ballot Title: ADVISORY BALLOT CONCERNING PROPERTY ACQUISITION BY CITY IN DOWNTOWN AREA QUESTION: EXPLANATION: Should the City of Woodburn purchase or condemn property within close proximity of the library, city hall, and aquatic center? This measure seeks policy direction from city voters for the planning and implementation of possible location of facilities such as transit center, community center, and/or performing arts theater or consolidation of city services for purposes of efficiency, as well as necessary parking to service any such uses. Financial impacts and sources of funding for actions that may occur as a result of this measure have not been determined. By law, this ballot title is advisory only and is not binding on the governing body. lOB MEMO DATE: TO: AUGUST 21, 1996 MAYOR AND CITY COUNCIL THROUGH THE CITY ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: GRANT REQUEST FOR FUNDING FROM THE MID- WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS FOR THE DOWNTOWN DEVELOPMENT PLAN. In 1995 the Oregon Legislature appropriated more than $8 million in lottery funds to help rural Oregon. Of that, approximately $600,000 will be allocated to the Mid- Willamette Valley, including Marion, Polk and Yamhill counties for the 1995-97 biennium to benefit its rural communities (every city except Salem and Keizer). The Mid-Willamette Council of Governments will administer funds with the Regional Strategies Board allocating grant funds to eligible rural communities. Grant funds may be used for eligible projects which meet the goals and objectives as adopted by the Regional Strategy Board. These goals Include six broad objectives covering quality of life, economic development, public Infrastructure, educational, social and cultural institutions, natural resources and environmental quality, and local leadership. Planning activities are eligible to receive grants and may include the preparation of a downtown development plan. Any grant proposal must meet minimum threshold requirements. These include the following: 1. The grant activity must address at least one of the goals Identified. 2, The applicant must have the administrative capacity to manage a grant. The project must primarily benefit a rural area as defined in the program rules. 4. The grant request must be equal to, or greater than $2,000. 10B In order for a grant proposal to be competitive, the Regional Board will look at eight (8) criteria. One of these criteria is the extent to which other funds are contributed or leveraged for use in the project. It is estimated that a downtown redevelopment plan would cost approximately $45,000, depending on the specific components included. The Woodburn Downtown Association has offered to provide $4,000 in "in-kind' services and $1,000 as a direct cash contribution as a portion of the local match for the grant. The $4,000 worth of services includes the services of a part- time employee to assist the WDA in providing a coordinated input during the planning process. The $1,000 would be utilized as a direct offset to costs Incurred for development of the plan. It is important that the City provide its share of a local match so that the grant will be considered competitive. Staff has estimated that the City could also provide an additional $4,000 in "in-kind" services and $1,000 in direct cash contribution pending Council approval. The $4,000 would go toward the provision of office space to the part-time employee of the WDA ($2,100), grant administration ($1,200), a grant audit ($200), and miscellaneous costs (telephone, copying, etc., $500). The City's $1,000 would be used as offset to the direct cost of the planning contract. This would allow the City and WDA together to provide a local match of $10,000 in combined 'in-kind" and cash contribution, representing approximately 22% of the estimated $~.'~.,940 for the project. Grant applications must be submitted by August 31, 1996, with a summary sheet submitted by July 31. It is an appropriate time to consider the funding and development of a downtown plan for three reasons: 1. Downtown revitalization is a top priority of the City Council. The development of a plan is critical to undertaking redevelopment in the downtown area. There is the possibility of coming up with a local match in order to be competitive in the grant approval process. If the grant is obtained by the City, staff would proceed to hire a consultant to develop a downtown plan for the community. As mentioned, the person would work closely with the Woodburn Downtown Association, the Mayor, City Staff, Council and local residents in developing the plan. It should be noted that at the workshop held in the City Council Chambers on August 19, 1996, which included the Mayor, City Council, Planning Commission and the Woodburn Downtown Association, no objections to the grant proposal were raised. lOB COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION REQUESTING GRANT FUNDING FROM THE 1996 MID-WILLAMETTE VALLEY RURAL INVESTMENT FUND. WHEREAS, the Mid-Willamette Council of Governments will administer grant funds allocated from the Regional Strategies Board to eligible communities, and WHEREAS, planning activities are eligible to receive grants, and WHEREAS, the City of Woodburn and the Woodburn Downtown Association (WDA) are willing to co-sponsor the development of the plan, and WHEREAS, the City of Woodburn and WDA agree to equally cost share in a local match of $10,000, including in-kind services, in support of a grant request for $34,940; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to request grant funding in the amount of $34,940 from the 1996 Mid-Willamette Valley Rural Investment Fund administered by the Mid-Willamette Valley C~.~ou.j:u;i_l of Governments.....--~ Approved as to form:~ / ,/~(~~ ~;7'_ Z~"- ~ City Attorney Date APPROVED: Nancy Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. lOB WOODBURN A S S 0 C P.O. BOX 344 DOWNTOWN I A T I 0 N WOODBURN. OREGON 97071 July 8, 1996 Mr. Steve Goeckritz Community Development Director City of Woodburn 270 Montgomery Street Woodbum, OR 97071 Dear Steve: On behalf of the Woodbum Downtown Association (WDA), please accept this letter of support for the City of Woodbum's application for Rural Investment Funding. It is our desire to participate in the development of a comprehensive plan for downtown as it our goal to create a pannership with the city in developing a long ~m strategy and implementation program for the downtown businesses and other community wide members. To this end, we will make a one time contribution of $1,000 with additional in-kind services up to the value of $4,000 to assist with the research and development of the plan. WDA would like to obtnin a foon~l commiune~t from the City staff and City Council to allow for our input and participation in the development of the comprehensive plan. We require that the plan include an implementation program that includes city participation as we as WDA participation. In order for any plan to be suceess~ we must obtain a commitment fi'om the City to implement a plan on enforcement of ordinances to improve the livability of downtown. We are veo/encouraged by the City's desire to work with us and we look forwa~l to a successful parmership and community program. Very truly yours, President / 2233 Country Club Road* P.O. Box 194 * Woodburn, OR 97071 lOB · (503) 982-8221 August 20, 1996 Mr. Steve Goekritz City Planner City of Woodburn 270 Montgomery Street Woodburo, Oregon 97071 Dear Mr. Goekritz: As the City and the Downtown Association strengthen their partnership and move forward with plans to revitalize and develop the historic downtown area, the Chamber of Commerce wants you to be confident that you have our full support. In many conversations about po- tential directions and various visions for our downtown, Chamber members and our Board are unanimous in our feeling that preserving and strengthening our city's hi~oric hub mast be a major priority. We are all heartened with the progress you have made and im- pressed with the way you are bringing all of the dements of our community together from your plans and visions. These are strong initial step~ in a process that will have tremendous benefit for all of Woodburn. Please feel free to use this letter as our endorsement of your efforts and feel free also to contact me at any time if the Chamber can lend a hand. President cc:. Board 10C City of Woodburn Police Department MEMORANDUM 2~urn, Oregon 97071 K.e.n /// Chief of Date: August 14, 1996 (503) 982-2345 To; Mayor- and Council Subject: (1) (2) Sound Amplification Parking-lot Closure The city has received a request from Salud Medical Center and Los Amigos de Woodbum for the closure of the downtown city parking-lot and for the use of sound amplification equipment. The request is in conjunction with thc annual Salud Medical Center Health Fair and a celebration for Mexican Independence Day. p~ldng-lot Closure. It is requested that the downtown parking lot be closed off to normal business activities from 8 A.M. to 10 P.M. on Saturday, September 14, 1996~ I have required thc organizers to contacted the affected businesses to solicit adverse responses. To date there have been no objections by the affected businesses. Sound Amplification Permit. As part of the celebration a public dance is being offered in the parking-lot, after the Health Fair. This will be from 6 P.M. to 10 P.M. The music will be provided by a band using sound amplification equipment. Ordinance 1900 requires the council to approve sound requests. I have attached letters received from the organizations making the requests for you information. You will note that within the letters it refers that the Woodbum Police Department will be providing security_. I have contacted the organizers and explained that the police department will not be providing security and they will be required to identify and provide security at their own expense. However, because of the expected size of the crowd the police department will be assigning extra patrol officers in the area. 10C I have received the completed dance permit and a parade permit for the 7 A.M. Fun Run. Upon Council action for the sound permit and parking-lot closure I will complete action on the dance and parade permits. Recommendation The City Council approve the closure of the downtown parking- lot from 8 A.M. to 10 P.M. on Saturday, September 14, 1996 and allow the use of sound amplification equipment from 6 P.M. to 10 P.M. on the same date. enclosures cc applicant lOC July 30, 1996 City Council City of Woodburn 270 Montgomery St. Woodburn, OR 97071 Dear City Council, On Saturday, September 14, Salud Medical Center and Los Amigos de Woodburn will be celebrating El 16 de Septiembre, the Mexican Independence day. This event will be a combination of a Mexican celebration, a health fair and a promotion of downtown minority-owned businesses. We are requesting permission to block off and use the public parking lOt behind the old Salud building from 8:00 a.m. - 10:00 p.m. for the health fair. Among the events taking place during the fair are speakers, health and dental screenings, health education by various groups, and a celebration dance. Since we are. having speakers, we also request permission to use a Public Address system at this event. In addition to the parking lot, we ask permission to use the community center from 3:00 p.m. - 6:00 p.m~ to display art created by our area school children. The aforementioned dance is planned to be held after the health fair from 6:00 p.m. to 10:00 p.m. The dance will also be located in the public parking lot. Due to the amount of work required with set-up and tear-down of the information booths, vending booths and the stage, the Oregon National Guard has been asked to supply personnel to help in this respect. They are also asked to provide a water trailer. Members of the police department have graciously volunteered to provide the security for the event. We hope this celebration will go as 'smoothly as possible and without inddent. We will appreciate any additional services the city could provide. We are in the process of obtaining permits from the police department. If any further permits are needed by city authorities please contact us at 982-2000x34. Sincerely, Carmen Ramirez Health Educator 1OD MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, C.E. Tech III, through Public Works Director Acceptance of Public Utility Easements - Parr Acres August 22, 1996 RI~COMMENDATION: It is being recommended that the city council accept the attached utility easements described in Attachments 'A", 'B", 'C", and "D". BACKGROUND: The utility easements are being brought before the council in conjunction with the completion of Parr Acres Mobile Home Park. The mobile home park is a private facility with private streets with no public right-of-way. Utility easements are required to provide city services and franchised utility service. The utility easements to be accepted are included, described and listed below. 1. Attachment 'A", Site Map 'A", a blanket easement 10 feet beyond the paved surface for city maintained utilities and city franchised utilities. 0 Attachment 'B", Site Map "B", a 16-feet wide storm sewer easement, along the east line of Parr Acres. 3. Attachment 'C', Site Map "C', a 16-feet wide water main through Parr Acres to the blanket easement above. 4. Attachment "D", Site Map "D", a 16-feet wide water main easement through Hazel Smith's property to Parr Acres. RS:Ig PARRUTL.EAS VICINITY MAP 1OD i t'~, !.'.'5 ----I PARR RD. RS ATTACHMENT "A" 1OD KNOW ALL MEN BY THF, SE PRF_,SENTS, that DeTOM GENERAL PARTNERSHIP, for the consicknfim of O~ Donar ($1.00) mi other vahmb]e considemiom to them Ixdd, the m:eipt wh~eof hereby is Kknowledged, hm~y do forever grant unto the CITY OF WOODBURN, a Municipal Corporation sling the full width and length of the premises described ss follows, to wit: A blank~ easement from DeTom Oeneol Partnership to the City of Woodbum and o~her Public Utility Companies for placement of underground utility lines. Said blanket easement being more particularly described as follows: A blanl~t easement covering pmlions of Parcels 2 and 3 of Land Partition Plat Number 94-110, as layin~ behind the face of the curb/walk and being within 10 feet of said flu:e, also bein~ & ~ of 48 e~en=t ~y snnted. EX~ON: No sm~'ture shah be placed within the easement, or within 45' projection upward from the .///~' '"4 2 - off ,1996 D~TOM G ~l~[~ll,K' PARTNERSHIP ~ Tennant, City RecoMer City of Woodbum, Oregon STATE OF OP, F_.OON ) ) SS COUNTY OF MARION ) On this the /'~' day of ~uly 1996, before me st No~7 Public in and for the County and State personany appeared. known Io nm to be the same imrson whose name is subsca~bed m tim within instrument and acknowle~ ~ they voluntarily executed the same fm the ~ ~ eontaJned. IN WITNF_.SS W3IERF..OF, I h~mto sc~ my hand and official ~al. i~fo~ z DET~I4.UTL ATTACHMENT 'B" 10D KNOW ALL MEN BY THESE PRESENTS, that DeTOM G~ PAR~, for the consideration of One Dollar ($1.00) and other valuable considerations to them paid, the receipt whereof hereby is acknowledged, hereby do forever ~rant un~o tho CHTY OF WOODBURN, · Municipal ~ along the full width and length of the premLs~ described as follows, to wit: A 16' easement from DeTom Oenewal Parmership to the City of Woodburn for the placonent ofz storm draJn~¢ line. Theeast line ofsaid 16' easement is mo~c partlculady ~ as follows: ~ at the southeast corne~ of Parcel :2 of Land Partition Plat Number ~1-110, as recorded in alon~ the east Rue of said 16-foot easement NIg'05'30'E, 534.54 feet, also bein~ alon~ thc east line of said Parcel 2. at any and all times for the purpose of doing any~ng nece~.m'y or useful or convenient for the enjoyment of the easement hereby granted. improvement disturbed by the City, to as good condUion as they were in prior toany such installation or work, but if not lwaclicablc, then pay to Grantors reasonable compenntion. purposes. EXCEFrION: No structure shall be placed within the easement, or wffi~in 45' projection upward f~om the bottom of the pipe. Accepted by the WomJIxJm ~ ~ on ,1996 Mary Tennant, City Recorder City of Woodbum, Oregon STATE OF OREGON ) )~s COUNTY OF MARION ) On rids the ./~day of :July. 1~96. before me a Notary Public in and for a,~ County and State IN WITN~S WHNRBOF, I b~.reunto set my hand nnd official seal. DETOH.STH SITE MAP 'B' 1OD ATTACHMENT 'C' 1 OD KNOW ALL MEN BY THESE PRESEN'I~, that DeTOM GENERAL PARTNERSHIP, for the c~mLs~:mio~ of One Dollar ($1.00) and o~her' valuable considerations lo ~ paid, g~ receipt wh~wf hereby is sclmowled~ed, heieby do fo~ver ~ant unt~ the CITY OF WOODBURN, a Municitml ~ of Marion County, Oregon ~crred to herein as the CITY, a permanent rjr, bt-of-way and easement or= and alon~ th~ fun width tnd len~h of the premise~ d_~'bed as follows, ~o wit~ A 16' ea.lement from DeTom General Partnership to the City of Woodbum for placem~t of a waterline. Thecenter lineofsaid 16' easement is mo~partkig~dy described as follows: Beginning at the northeast comer of Parcel 2 of Land Partition Plat Number 94-110, as recorded in the Marion County Plat Records; thence N6?'30'00"W, 100.00 feet to the True Point of Be~mtin~ of the center line of said 16-foot easement, also being a point on the north line of said ParcrJ 2; thence S19q)5'30"W, 8.00 feet; thence N67'30'00"W, 88.59 feet; thence ~'00'W, 54.22 feet; thence N89'22'15 'W, 82.18 more/less feet to the face of cud) of an exisdn~ street in said Parcel 2. at any and all times for the purlx)se of doing anything necessary or useful or convenient for the enjoyment of the easement hereby granted. THE CITY SHALL, upon each and every ocxmion that such water facility is constricted, maintained, disturbed by the City, to as good condition as they were in prior to any such installation or work, but if not EXCEPTION: No structure ~ be placed witlgn the easement, or within 45* projection upward f~om the bottom of the pipe..,~.___ TNAccepted bt( the Woodbum City Council MaW TMment, City ReoordM ~ of Woodbum, Omoon STATE OF oREGON ) ) SS COUNTY OF MARION ) On this the ,/~ day of luly, 1996, before me ~ Notary Public in and for the County snd State IN W1TNESS WHEREOF, I hereunto set my hand and offidsl seal. DETOH.VI'R SITE MAP 'C' 10D ATTACHMENT "D" 1OD KNOW ALL MEN BY THESE PRES~, that HAZEL M. ~ TRUSTF~ OF TIiE HAZEL M. SMITH REVOCABLE LIVING TRUST, for the co~ideaagon of One Dollar ($1.00) and oth~ valuable co~idemfions to them paid, the receipt whereof hereby is acknowledged, hereby do forev~ ~rant tmto the CITY OF WOODBURN, & Municipal Corporation of Marion County, Ore, on ~eferred to herein ss the CITY, a permanent ri~t-of-way and easement over and along the full width and length of the premises ~bed as follows, to wit: A 16' easement from Hazel M. Smith, Trustee of the Hazel M. Smith Revocable Living Tru~ undor ;~ement Februa~ 7, 1991, to the City of Woodbum for placement of a wa~r llne. The center line of said 16' easement is more particularly described as follows: Be~e_nlng at the northeast comer of Parcel 2 of Land Partition Plat Number 94-110, as nxxxded in the Marion County Plat Records; thence N67'30'00'W, 100.00 feet to the True Point of Be~innin~ of the center line of said 16-foot easement, also bein~ a point on tbe north line of snid Pnrcei 2; thence ~ the center line of said 16-foot easement N19'05'30'E, 125.18 feet to the south right-of-way line of Ben Brown Lane. obstructions which may cadaver the safety or interfere with the use of said pipelines, or appurtenances of the easement hereby granted. practicable, then pay to Grantors reasonable compensation. EXCEPTION: No structure shall be placed within th~ easement, or wttidn 45' projection upward from the bottom of the pipe. HAZi~ M. SMITH,.~RUSTEE Accepted by ~he Woodbum City Council ,1996 Mmy Tenn.nt, City Fl~ord~ City of Woodbum, Oregon STATE OF OREGON ) ) SS COUNTY OF MARION ) On this the ,//~'-day of July, 1996, bet'ore rne a Notary Public in and for the Count~ ~md Slate appea d. IN WITNESS WHEREOF, I hereunto set my hand and official seal. $14ITHVTR SITE MAP "D" 10D t z 14A MEMO DATE: AUGUST 23, 1996 TO: MAYOR AND CITY COUNCIL THROUGH THE CITY ADMINISTRATOR FROM: WOODBURN PLANNING COMMISSION $ Lc... SUBJECT: SITE PLAN REVIEW, CASE NO. 95-26 ESPERANZA COURT, FINAL ORDER At their meeting of August 22, 1996, the Planning Commission approved, with conditions, a site plan proposal to establish a twelve unit apartment and office complex at the southeast corner of Cleveland and First Streets. Attached is the order with the findings, conclusions, and conditions of approval. 14A IN THE PLANNING COMMISSION OF WOODBURN, OREGON SITE PLAN REVIEW CASE NO. 95-26 FINAL ORDER WHEREAS, the Planning commission conducted a public hearing in this matter on August 8, 1996 and considered the written information and public testimony submitted, and WHEREAS, the Planning Commission closed the hearing, and WHEREAS, the Planning Commission requested an interpretation from city staff regarding off street loading space, and WHEREAS, the Planning Commission continued their discussion on the matter until the August 22, 1996 meeting, and WHEREAS, the development issue referred to staff has been successfully resolved by identifying an additional off street loading space as defined in Chapter 10 Section 10.060, and WHEREAS, an additional off street loading space has been added as a condition of approval, NOW THEREFORE: IT IS HEREBY ORDERED BY THE COMMISSION: 1. That site plan approval application 95-26 (Esperanza Court) is granted and approved, based upon the findings and conclusions contained in Exhibit A, which is hereto and by referenced incorporated herein. 2. That this site plan is subject to the conditions contained in Exhibit B, which is attached hereto and by referenced incorporated herein. Approved as to form: /si N. Robert Shields City Attorney Date APPROVED= ~ ~ ~~ y Ann Bjelland~;~resident 6 yeti/2 abstaining Passed by the Woodburn Planning Commission 14A EXHIBIT A FINDINGS AND CONCLUSIONS Ao Woodburn Zoning Ordinance. Chapter 8 General Standards Section 8.040 S_oeeinl Setback Distances (aXe) Cleveland Street, Settlm~r Street to Front Street ......30 feet. FINDING: The applicant has shown compliance with this special setback distance. Section 8.150. Front Yard Pro_h~ctions. The following l~ont yard projections are exempt from the front yard setback provisions and need not be inchuled when determining the averase setbacX, to wit: (B~ porches and covered tmen~osed porches, when not more than one story high, which do not extend more than 10 feet beyond the fxont walls of the building and the floors of which are not more than four feet above grade. In no case shall such projection come closer than 10 feet ~rom the property line. stated above these porches are exempt from the setback provision. Section 8.190. V'~ion Chmmnc~. Th~ W'mion Clearance area is a triangle measured with two thirty foot k~ m~mur~! from th~ oom~ ofth~ ~n. The 'v-~on Clearance shall not contain any plantings, walls, sUucture~ or temporary or permanent obstructions to vision exceeding 30 inches in height above the oub level. FINDING: The Pretimim~ Landscape Plan shows no structures or plantings within the ~r~ion Clearance area on either corners of the lot. 1 - SPR95-26 14A CONCLUSION: The applicant meets the requirements as stipulated in Chapter 8 General Standards of the Woodburn Zoning Ordinance. Chapter 9 Residential Standards Section 9.045. Front Ynrd Setbaclc Every building shall setback from lot lines adjacent to streets at least 20 feet. FINDING: All proposed residential structures are setback fxom the lot lines adjacent to streets at the minimum 20 feet. CONCLUSION: Meets the standareds required under Chapter 9. Chapter 10. Off-Street Parking, Loading and Driveway Requirements Section 10.050 Off-Stre~__ Amomobile Parkin? Rm_uirements Off-Street ~ttomobile (b)' ~ containing 2 or more dwellings units located on the same lot. (2) two spaces per dwelling unit having two or more bedrooms. FINDINGS: 12 two-bedroom units are proposed, therefore twenty four (24) parking spaces are required. Twenty four spaces are being provided for the residential portion of the project. The applicant has met the parking requirement. (y) Bank:, Office Buildings (except Medical and Dental): (1) One ~mce per 500 square feet of gross floor area plus one space per two employees. FINDING: The total square footage of the office is 1,500. This requires 3 parking stalls. The applicant has stated there will be 4 employees which requires 2 ~ for a total of five. The applicant has met the parking requirement. Section 10.060. Off-Street Lo,din? _Re~uir~mems. Off-Strcet loading space shall be provided in the amounts listed below. (a) A minimum loading space size of 12 feet wide, 20 feet long, and 14 feet high (1) For multi-~ dweaings with 10 or more dwelling units - one space. FINDING: The Site Plan illustra~ the loading area for the proposed project. The loading area meets the standard because both facilities are incorporated into the same property.. Section 10.080. Drivewa.v Standards. O Driveway access for Multi-Family units with off-street parking: Dwelling Unit Maximum Width 2 - SPR95-26 11 - 100 units Minimum of two accesses of 24 feet FINDING: The applicant is providing two access points for the site, one on Oak Street and the other to Cleveland Street. The width of the driveways are 25 feet as shown on the submitted site plan. The maximin driveway width is 24 feet. This standard has not been met and shall be complied with prior to construction. CONCLUSION: The applicant has satisfactorily met the requirements of this 14A Chapter 11 Site Plan Review Section 11.030 Approval of Site Plan Required (a) No building permit for conmuction of muctur~ governed by this chapter ~ be issued until the Site Plan for that structure has reoeived approval under the provisions of this chapter. Co) Any conditions attached to the approval of this Site Plan shall be conditions on the issunnce ofthe building permit. A violmion ofthe conditions shall be considered a violation of this ordinance. Section 11.070 Criteria for evaluatinn a Site Plan FINDING: The applicant has addressed the Site Plan Review criteria adequately, see attached narrative with the Site Plan Review application from applicant. The placement of structures on the property sludl minimize adverse impact on FINDING: All of the proposed sUucUn~ are located within the required setbatflm. The ~ uses are mixed in nature with singlefam~, public ~ and commetoisl ~stab~. The placement of the structures on the lot are as follows: Residential portion of the project faces the sinsle family residences to the west. The front portion of the apamnent complex has front porches, balconies and "entry courts" to help buffer the appearance of the apartments from the adjacent ~ fam~ re~id~ u~ez. is a more intense use than the proposed o~ee. (b) Landscaping shall be used to minimize im?act on adjacent u~es. FINDING: Landscaping is proposed along the street frontage of Oak, First and Clevdand. The required sed~adc areas v, tl also be landscaped to help mlni,nize the 3 - SPR95-26 14A impact on adjacent uses. The total percentage of landscaping for the site is approximately 49°,4. The landscaping percentage required for the proposed use is 20%. The applicant has exceeded this standard. (c) Landscaping shall be so located as to maximize its aesthetic value. FINDING: The landsc~ing proposed is located on the site to maximize its aesthetic value. The landscaping is located along every street f~ontage where the public will view the project. (d) Access to the public streets shall minimize the impact of traffic patterns. ~ posst~e, direct access shall not be allowed to medal streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. FINDING: The site will access Oak Street and Cleveland Street, neither of these streets are classified as arterial streets. Sharing access with adjacent uses would nearly be impossible due to the project taking up almost half of a dty block, with a wall on the east side. ' (e) 'The design of the drainage facilities shall minimize the impact on the city's or other public agencies drainage facilities. FINDING: The project will ~_'li,e the city's dr/~¢ fatities. (f) The design encourages energy conservation, both in its sitting on the lot, and its accommodation of pedesuian and bicycle traffic. FINDING: PedesUian and bicycle traffic will be able to access this development. Bicycle racics will be pmvide under the stairs f~the residents oftbe project. There (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this location and appearmce of the prop~ development are involved. (h) The location des/gn, color and materials of the exterior of all smu~res and signs are compat~tde with the proposed development and appropriate to the character of the immediate neighborhood. FINDING: The applicant has addressed this Site Plan Review criteria. The clmrac~r oftheneilgix~hood is both single family and commercisl. The site plan indicates that the structure will have lap siding, composition root~ lighting, and 4 - SPR95-26 porches. The colors and materials have been supplied to the planning department on a color board. Section 11.085 ~ At the time of final approval the applicant has six months to initiate construction. If construction has not begun within this time frame, the applicant can request in writing, a six-month extensio~ The-Site Plan becomes void one year aRer final approval: Therefore, the applicant would have to reapply after that time period. 14A CONCLUSIONS: The applicant has addressed the site plan criteria pertainiv4~ to Chapter 11 of the Woodbum Zoning Ordinance. Chapter 26 RM Multi-Family Di~rict Section 26.010. LI.~. Co) U~llmited mmber of dwelling units as prescribed in Section 26.080 including: (11) Apartment Houses ' FINDING: The proposed use is permitted. Section 26.050. gide mi Rear Yards. (a) There shall be a side yard nnd rear yard on every lot in an RM District, which yards shall have a minimum depth ss follows: (2) Two stories seven feet Provided there shall be added to the side yard nnd rear yard minimum requirements aforesaid, one foot for each multiple of 15 feet or portion thereot~ that the length of that side of the building measures over 30 feet. ~ The site plan illustrates the required setbacks. requirements have been met. The setback Section 26.060. ~ In an RM District, there shall be a minimum front yard of 20 feet. No parking shall be allowed within 20 feet of the front lot line. Section 26.0g0 Lot Area and W'utth. In the RM Dimiet the minimum lot area reqttirenm~ for other residential uses shall be 5,000 square feet plus additional lot area computed as follows: (a) For the first through fifth unit: (2) For each dwelling unit with two bedrooms 1,600 sq. ft. fo) For the sixth dwelling unit and each succeeding dwelling unit: (2) For each dwelling unit with two bedrooms 1,675 sq. ft. 5 - SPR.95-26 FINDING: The site for the aparUnent area is approximately 27,120 square feet in size. The minimum lot size requirement for 12 units is 24,725 square feet. The applicant has met this requirement. CONCLUSION: The requiremeg~ and standards of Chapter 26 of the Woodburn Zoning Ordinance have been met. Chapter 31 CB - Central Business District Section 31.010. Use. (a) Any use permitted in an RH District and a CG District FINDING:The two uses proposed are permitted within the CBD zoning designation. Sections 31.040/31.050. l~r y~d/.~e Y~d. No rear yard is required, ifa rear ym~l/~e yard is provided it ~ not be le~s than five feet in depth. A rear yard shall be provided in a CB District when the buildings or ~uctures or portions thereof on a lot 8re used for FINDING: The offi~ portion of the ~te has a five foot ~ide and rear yard. 'The multi- family portion of the ~ite has complied with the ~ required per chapter 26. CONCLUSION:The propo~l office ~gnplex mee~ the ~mdards as required by Chapter 31. Section 31.060. ~ No front yard ~ be required in the CB District. FINDING:The appli~mt is providing a five foot front yard adjacent to Cleveland Street. The y~d will be ~ u indicated on the land~z~ plan. B. Landscaping Standards FINDING: Approximatdy 49% of the lot is propo~xl to be ~. This is ~rmcient to c. Sign Ordinance FINDING: The ~n plan submitted meets the intent of the ordinance. CONCLUSION: The ~ ~mdards as roquired by the RM ~ are met in addition to the proposed sign plan. 14A 6 - SPR95-26 EXHIBIT B CONDmONS OF APPROVAL 14A PLANNING COMMISSION 1. The proposed development shall be in substantial confonmnc~ with the pre~ngna~ plan. 2. Comply with vision clearance standards per Chapter 8. 3. Comply .with psfking r~itli~emelltS of the Zolling Ordinall~. + Comply with genersl phngng specifications, buffedn~ spocific, afions and 8uidetines and mninlemmoe standards as per the standards document (pgs 1 and 2) for ske plan Curbing, sUiph~ sprinkler system, ~ and bicycle rack shah be kept in good condition. Any damage shall be repaired within a timely manner. -- - On site ~llstl'tl~ion shall not co~ tmtil the im?rov~leat plans have been reviewed devdopmma chatl~ lave been paid. Refer to part two Pg 9 ofthe standards document for site plan review (Randy Scott 982-5247). bu~ts. 9. Conditions of approval a~ include the following ~ A ~ E. 10. 1L Ch~r lo ~ 1o.o6o. (AX0 & (2). Conditions from other departmmta: Police: Buildins: l~blic Works Waste~¢atec See ~ A See A~s_oh~ B See Attachment C See AOachnmlt D See Attaclunmt E 8 - SPR95-26 FIRE PREVENTION DIVISION SITE PLAN REVIEW COMMENTS Memo To: From: Facility Name: Occupancy Class: R-1 Build. Permit No. Jason Tuck, Planner Date: May 13, 1996 City of Woodbum Bob Benck, Fire Marshal Woodbum Fire District Farmworker Housing Development Corp. Cleveland St~ 14A A. ACCESS : 1. Exterior of .Facility: Adequat~ aocess to the structures is adequate. Fire District must be consulted prior to placement of any fences that may effect access to building or placement of ladders for firefighting purposes. Z. To Interior of Facility: Finalized plans should indicate location of rescue windows and doorways. B. BUILDING EXIT SYSTEM. 1. Doors/Coffidor~ No information at this time Z. Emergency Lighting: 3. Other Systems: C. FIRE FLOW / WATER SUPPLY: Based on type V-1 hour construction the minimum flow requirement is 1,750 gpm for the apartments. The office complex would be the 1,500 gpm n~nknu~ Attachment A D. HYDRANTS: One hydrant within ;?50 feet of the project. Current hydrants meet this requirement- F_ SPRINKLERS / FDC ' A residential sprinkler system is recommended. 14A F. ALARM SYSTEM : Single-station smoke detectors are. required in all sleeping areas and adjacent to bedrooms. Heat detectors are required in common recreational rooms, and laundry rooms. G. PREMISE IDENTIFICATION Address system to L approved by the Fire District and in conformity with city standards. Address must be visible from publ.ic .way and posted during con--on. H. OCCUPANCY/ ~I~'ECIAL OCCUPANCY REQUIREMENTS: I. BUILDING SIZE & UMITATIONS/ TYPE OF CONSTRUCTION: Proposed building appea= to require a minimum of type V-1 hr. construction to meet maximum size requirements in an unsprinkled R 1 building with yard limitations on two sides. J. FIRE & LFE SAi:ETY REVIEW RE(L: A Fire & Life Safety review will. be required by Marion County Bulqdirtg Department~ K. SPECIAL COMMENTS: COMPUANCE WITH THESE REQUIREMENTS ~ CONSTITUTE PERMISSION TO BUILD. BUILDING PLAN REVIEWS BY MARION COUNTY BUILDING DEPARTMENT AND OR CITY OF WOODBURN MUST BE COMPLETED,AND PERMITS OBTAINEO. 1776~Hwy. Woodbum, O~ 97071 982-2360 CITY OF WOODBURN POLICE DEI'~~ 14A Date: June 2,1, 1~96 Bspe~ - Fm'mworloer Hmtsing D6~doptn~at m ]~ltl~ doo/1 shollld b~ ~0Jid. cxx~ doolI ~ ~ ln~n~mum 1 in~ dead boR loch. Dead bolt sm'~ plates sknlM be ~ v,'ifll I inc~ ~um a:avws- · Attachment B SITE PLAN REVIEW - APPUCATION CONFERENCE ! NOTES REQUEST DATE: June 11, 1996 DEPARTMENT: Building CONTACT PERSON: Jason Tuck, Planning Dept, 982-5246 APPUCANT: Farmworker Housing Development Corporation TYPE OF PROJECT: Site Plan Review for a 12 unit apartment complex and a 1,500 square foot office building to accommodate the'office for Farmworker Housing Development Corp. PROJECT LOCATION: 1st and Cleveland. T5S, RIW, Sec 18BA TI. 10100, 12200. CONFERENCE PLACE: Conference Room / Woodbum City Hall MEETING DATE: June 24, 1996 TIME: 1:30 P.M. GENERAL INFORMATION TO APPLICANT have read the information sheet provided me and understand that which is pertinent to my Site Revlaw/FYe-Al~on request. All matmlal~ are to be collated and folded. Signature - Ownerl Agent DEPARTMENT COMMENTS · 14A AttaChment C SITE PLAN REVIEW ESPERANZA COURT Randy Scott Public Works GENERAL CONDITIONS 1. Final plans shall conform to the Construction Plan Review Procedures and Standards. The Owner, not the City of Wooclbum, is responsible for obtaining permits from any state end/or federal agencies which may require approval and/or permit. Any existing on-site water well or sewage disposal system encountered shall be abandoned in accordance with state regulations. All work shall conform to the City of Woodbum standard specifications and.ali state building, codes. 14A 1. Driveway approaches shall comply with City standards. of Woodbum commercial Ftmt Street. front oak to Cteveland, shall be widened on the east side to match the existing curb on First Street ~n Cleveland and Arthur. This may require approximately 16 feet of widening. DRAINAGE 1. No natural dm!nage shall be blooked or intpounded by this development. On-site storm system shall discharge through a polluldon control device of either a manhole or Inlets. 3. Storm runoff Il'mil cliscba~ Into the existing storm sewer in First Street. SANITARY SEWER 1. Sanitary sewer service can be provided from the existing sanitary sewer main on the east portion of this development. Provide 16-foot wide utility easement for existing sanitary sewer main traversing across the east portion of this property/development. Page 1- Site Flan Review Esperenza Court Attachment D e Domestic water meters for the apartment units shell be placed within First Street right-of-way. Domestic water meters for the commercial unit shall be placed within Cleveland Street right-of-way. Fire hydrant locations and fire protection requirements shall comply with code requirements and the Woodbum Fire District's conditions of approval. Backflow prevention devices may be required depending on the water usage (see Wastewater Department comments). 14A -Site ~ Review ~ I I- L _J II Ii · · , 15A TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director ~ "------'-X ' Sewer Use Ordinance August 22, 1996 The sewer use ordinance is primarily a technical type of document that regulates the amount end type of pollutants that can be discharged to the city system and defines the regulatory authority of the city. Adoption of a sewer use ordinance is required by the Department of Environmental QualiW (DEQ) regulations. City Wastewater Superintendent and representatives of the industrial users did discuss the draft ordinance a few months ago. DEQ has approved the draft ordinance that is being presented to the council. A copy of the final ordinance has also been recently circulated among the industrial users of the ciW and no negative comments have been received, A copy of the ordinance is being sent to council under separate cover and Public Works staff will make a brief {estimated ten minutes) presentation in the council meeting of August 12, 1996. Please bring your copy of the ordinance with you to the council meeting. This ordinance will be brought to the council in the next regular meeting for final approval and adoption. GST:Ig S14RUSEOR. CC 15B MEMO TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR STEVE GOECKRITZ, COMMUNITY' DEVELOPMENT DIRECTOR APPEAL OF RNAL ORDER ON ACCESS CONDITION IN SITE PLAN REVIEW CASE NO. 92-12 AUGUST 20, 1996 %LG Mar-Dene Corporation has appealed the decision of the Planning Commission in this case to the City Council. A copy of the appeal letter is attached. Staff will notice and schedule a public hearing on this appeal for Monday, October 14, 1996 at 7:00 p.m. LAW OFFICES OF ',.. ] JOItNSON. KLOOS. SHERTON A PROFESSIONAL CORPORATION LAND, AIR & WATER LAW ALLEN L JOHNSON CORINNE C. SHERTON July 24, 1996 JUL 26 1996 WOOOBURN CATY AT[ORNEY SUITE 203 767 WILLAMETTE EUGENE, OR 97401 TEL (541) 687-1004 FAX (541) 687-1021 E-MAIL jks ~1 rio.co~t SUITE 2O5 247 COMME~ ST. NE SALEM, OR 97301 TEL (503) 391-7446 FAX (503) 391-7403 E-MAIL shertcm Otelepor~corn WEB http-flodanduse.com/ City Counca City of Woodbum 270 ~ea~ ,~reet Woodbum, OR 97071 Re: Appeal of Final Order on Access Condition in Site Plan Review Case No. 92-12. Please consider this letter as Im appeal by Mar-Dene Corporation of the enclosed Notice of Decision of the Planning Commission dated July 16, ~96. Mar-Dene w~i also file a preasutionary ~apeai of ~e ~ ~mmi~on d~on ~y ~~k~~~~~~~~rm~~ ~ 1L~0 of ~ W~ ~ ~ ~ br ~ m ~e ~ ~~ of ~o~ ~ ~e ~~~ ~ ~H~ br ~ ~ ~~ Here ~er~.~..no · ~ ~ ~n~n~ ~~n for ~er Si~ R~ew or m~m~uon ~~on ~~ . of Si~ ~. H~ ~ ~ m~ mY ~ ~Y ~ ~ Mar-~e will fulP~' brief the issues in this appeal once a hearing or briefing schedule is set. In mmunary, Mar-Deme will reasset~ tl~ issues it raised before the Planning CommL~qion. The prinSpal errors in the decision of the Planning Commi.~'ion can be ~ as follows: 0) The PI-nnlnE Comm[~ion erred in determining that the access condition imposed on thc HoUday Inn F.0~ress was ~ complied with. The condition required that the aifected property owners "shall prepare an agreement that meets City and State ttighway Division approval prior to issuance of a building permit for the Holiday Inn Expre~" No agreement was reached that met City and State approval, but the city st*_ff erroneously issued the building permit anyway. There is no basis for a finding of"substantial compliance" with a condition that requires an agreement prior to a building pe~it The mb~mntial compliance fhlding is a cover for staffs ermneom issuance of the building permit 15B Please reply to Eugene off'we 15B City of Woodburn July 24, 1996 Page 2 The Planning Commi.~don's findin_.o that requir/n~ Holiday Inn Express to provide access to Wemty's without com?ensation would be an unconstitutional taking of property is erroneous. Fitst, Wendy's has stated a v~'llln~oness to pay its fair share of improvement costs in connection with sexxcrlng access. This is dear from the record. 'I'ne parties are just in disagreement as to the appropriate mounts. Second, the condition i~ on Site Review is s/lent about cost sharin~ It is the permittee's obligntion to make sure that an ncce~ agreement is reached. Finally, a,~nmin~ that the permittee would have some bash for an objection to the consfitufionnlity of the condition requir/n..~ it to provide aece~ the time for obje~ng to the condition on that ground is long pn~ It should have appealed the condition in 19<)2 when it was hnposed on Site Review. cc: John F~her Don McOain . , · 15C TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Progress on Re_oair of Downtown Salud Building August 21, 1996 Recently a councilor inquired as to the status of repair work to be done on the former Salud Medical Clinic building located at 347 N. Front Street. Today I had the opportunity to discuss this matter with Bernard Goodman, Executive Director of Salud. Mr. Goodman stated that the project had been put out to bid earlier this summer, with three bids received, ranging from $267,000 to $342,000. All bids were much higher than anticipated and Salud officials apparently believe that the competitiveness of a busy peak summer construction season is a principal factor. By comparison, Mr. Goodman indicated that Salud had initially set aside some $150,000 for this project and that the subsequent architect's estimate was in the range of $185,000. Mr. Goodman also noted that the figures cited above were for the necessary structural repairs only and do not include restoration of the circa 1890's building facade, which Salud had initially hoped to accomplish as well. Separate bids for that work ranged in the neighborhood of $75,000. Mr. Goodman advised that Salud officials are currently evaluating their options, including possible reductions in the scope of the project, and tentatively plan to re-bid the project no later than October. He also expressed a desire to schedule a meeting with City officials to "brainstorm" other possible sources of funding. As you know, the structure has been formally declared a Dangerous Building by the council and litigation has been filed in Marion County Circuit Court to enforce that declaration, It has been the City's position that the litigation remain in abeyance while Salud continues to make good faith efforts to rectify the problem, Because of the pending litigation, any other actions contemplated should be thoroughly discussed with the City's legal counsel,