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Agenda - 10/09/1995 CITY OF WOODBURN 270 MONTGOMERY STREET.... WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL OCTOBER 9. 1995 - 7:00 P.M. 1. 2. 3. _1.481\111 :.......... ....... ............ ........... ...0<#,' . .... ........ ,'.... ................~:~......:.......-;.... ............. ".... .... .........:... :......... lIII"'x.","',' "L*'" 'II .: .:-.:--:. ..... :.-: .:. . .. 'r"~. ... ....:............................!~............:.................. - A. B. C. Council minutes of September 25, 1995 regular meeting. Planning Commission minutes of September 28, 1995. Library Board minutes of September 27, 1995. 3A 3R ~ 4.__ APPOINTMENTS: A. Declaration of vacancy - Planning Commission position #1 . 4A ANNOUNCEMENTS: (,j (: 09-~ A. Public Hearing before the City Council on ~Ptembef 23. 1995,7:00 P.M. Zone Change 95-05, Comp Plan Amendment 95-04, Conditional Use 95-02, Lot Line Adjustment 95-05, Subdivision 95-03, Site Plan Review 95-13 11 acre site located south of Hwy 211 (Molalla Rd) between Cooley Rd and Hwy 99E for development of patient care facility, single family and a mobile home park. B. Woodburn Wastewater Advisory Commission tour and workshop. October 10, 1995, bus leaves City Hall for the plant at 4:00 p.m.; tour begins at 4: 15 p.m. C. Woodburn Memorial Aquatic Center opening activities. (full schedule attached) PROCLAMATIONS ~ 5._ A. Chamber of Commerce B. Other Committees 6. ~u.~~~~~~.~~-: M.~B~:>Mt::~f__ A. Letter for citizen concerning City privilege tax. .eA 1D~:kf(..........~~U.lmU.;:Di::iD.rilt 7.~~~ (This allows public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Council Agenda, October 9, 1995 -8."_ A. B. liquor license application: LaMichoacana Woodburn Transportation System Plan. M 1m 9._ 10._ A. Council Bill No. 1673 - Ordinance annexing into the city of Woodburn 5.7 acres located south of Brandywine Subdivision and west of Boones Ferry Road and amendment of the Woodburn Zoning Map to Single Family Residential. .1.QA B. Council Bill No. 1674 - Resolution entering into Local Agency Fund Exchange Agreement No. 13,836 with the State of Oregon for STF fund to widen Cleveland Street between Front Street and Second Street. 1mi C. Council Bill No. 1675 - Resolution amending the ORS 190 agreement with NORCOM adding Keizer Fire District. .1.Q.C. D. Request for temporary closure of parking lot and use of sound amplification equipment for grand opening of Chavita Restaurant. 1QQ E. OSU joint venture/archaeological site testing. 1Qf 11. 12. glgl~~lt.. 13. IR1lllll_ 14. ____11- A. PUD, Conditional Use 95-01 - Homestead Acres 15._ 14A A. B. Building Activity for the month of September 1995. League of Oregon Cities Conference-Nov. 10 - 1 2, 1995. ~ ~ 16. 17. 18._ 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) 19._ Page 2 - Council Agenda, October 9, 1995 '. TAPE READING 0001 0003 0013 0022 0038 0048 0062 3A COUNCIL MEETING MINUTES September 25, 1995 DATE. COUNCIL CHAMBERS, CITY BALL, CITY OP WOODBURN, COUNTY OP KARION, STATE OP OREGON, SEPTEMBER 25, 1995. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Councilor Councilor councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Finance Director Gillespie, Police Chief Wright, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant JENNINGS/FIGLEy.... amend the agenda to add under General Business items lOB (Council Bill 1671) and 10C (Council bill 1672) regarding Woodburn Ambulance Service, Inc.; and 10(E) regarding a request for a sound amplification permit. The motion passed unanimously. MINUTES. JENNINGS/FIGLEY... approve the Council workshop minutes of September 6, 1995, the regular and executive session minutes of September 11, 1995, and the special meeting minutes of September 19, 1995; accept the Planning Commission minutes of September 14, 1995, and the Recreation and Park Board minutes of August 21 and September 11, 1995. The motion passed unanimously. APPOINTMENTS. Mayor Kirksey stated that not all of the Councilors have turned in their names for the Human Rights Commission and she requested that those names be submitted to her by Wednesday, september 27th. ANNOUNCEMENTS. A) Woodburn Aquatic Center Opening -- Administrator Childs read the tentative schedule for the opening of the new pool beginning with an open house for tours on October 8th with the first swim date scheduled for Monday, October 9th. Special Page 1 - Council Meeting Minutes, September 25, 1995 . . TAPE READING 0204 0250 0315 3A COUNCIL MEETING KINUTES September 25, 1995 events will be held each evening culminating in the Grand opening on Friday, October 20th. The regular aquatic center schedule will begin on October 21st. B) Presentation by Woodburn Ditch Open Golf Tournament Committee - Dan Glennon stated that this was the 5th year for the Woodburn Ditch Open and, on an average, the Committee has donated $550 per year to the city from the proceeds of this event. This year, the Committee donated $1,700 to be used for the development of centennial Park. Mayor Kirksey thanked the Committee for their donation and commitment to this event. She stated that she was unable-to attend this year's tournament but has participated in this event in prior years and hopes to be able to attend next year's tournament. C) The Woodburn Transportation Plan public hearing is scheduled for Monday, October 9, 1995, 7:00 p.m., in the City Hall Council Chambers. D) A liquor license application public hearing will also be held before the council on Monday, October 9, 1995, 7:00 p.m., at Woodburn city Hall. The applicant is Guadalupe Pena of LaMichoacana Restaurant located at 450 N. First Street. PROCLAMATION - DISABILITY EMPLOYMENT AWARENESS KONTH. Mayor Kirksey proclaimed the month of October 1995 as Disability Employment Awareness Month. She encouraged the employment of people with disabilities, the removal of barriers which prevent people from working, and encouraged independence for all individuals with disabilities. CHAKBER Op. COMMERCE REPORT. Joanne Beck, Chamber representative, reminded the Council of the upcoming events: 1) the next Greeter's Program will be held on Wednesday, October 4th, 8:00 a.m., at Northland Cable; and 2) the annual Chamber Auction will be held on Saturday, November 4th, at the new Aquatic Center. She stated that this event is planned to be elegant and fun and not a pool party. COUNCIL BILL 1670 - RESOLUTION DIRECTING THE INSTALLATION OP STOP SIGNS IN TUnILA PHASE II. Council Bill 1670 was introduced by councilor Hagenauer. 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 Kirksey declared Council Bill 1670 duly passed. Page 2 - Council Meeting Minutes, september 25, 1995 . . TAPE READING 0347 0366 .Q.!2.2 0444 0468 3A COUNCIL MEETING MINUTES September 25, 1995 COUNCIL BILL 1671 - RESOLUTION AUTHORIZING A MEMORANDUM 01' AGREEMENT WITH WOODBURN AMBULANCE SERVICE. INC.. Council Bill 1671 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. Mayor Kirksey declared council Bill 1671 duly passed. COUNCIL BILL 1672 - ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE. INC.. A NON-EXCLUSIVE PRANCHISE POR A PERIOD 01' 5 YEARS. Councilor Hagenauer introduced council Bill 1672. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Jennings commended Woodburn Ambulance Service and city staff in negotiating an agreement to the satisfaction of both parties. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared council Bill 1672 duly passed with the emergency clause. NOTICE 01' APPEAL - SULLIVAN/BAKER VS. WOODBURN (LUBA CASE). Staff updated the Council on the recent appeal to the State Land Use Board of Appeals (LUBA) of the Council'S decision to approve the site plan review application for a Texaco gas station and car wash facility. Brief discussion was held regarding the City'S involvement on this case since both the applicant (Gary LaPointe) and the appellants (Barry Sullivan and Dale Baker) are represented by legal counsel. JENNINGS/PUGH.... direct the City Attorney to file the required Record of Proceedings in LUBA Case 95-195 but not make a legal appearance at LUBA on behalf of the city. The motion passed unanimously. REOUEST POR SOUND AMPLIPICATION PERMIT. Chief wright recommended that a permit be granted to the pineros y campesinos Unidos del Noroeste (PCUN) for the purpose of conducting a memorial service for their late President, cipriano Ferrel, who passed away on september 13th. The service will be held on Sunday, October 8, 1995, 300 Young Street, between the hours of 2:00 pm and 5:00 pm. JENNINGS/SIFUENTEZ.... request be approved in accordance with the recommendation from the police Chief. The motion passed unanimously. SITE PLAN APPROVAL. The Planning commission has approved, with conditions, Site Plan Review Case #95-19 which provides for a 5,120 sq. ft. structure to be built at the existing site of Woodburn Professional Center, 1359 N. Pacific Highway. Page 3 - Council Meeting Minutes, september 25, 1995 TAPE READING 0484 0513 0582 3A COUNCIL MEETING MINUTES September 25, 1995 No action was taken by the Council on this issue. STAFF REPORTS. . A) Woodburn Memorial Aquatic Center opening festivities The list of activities was read to the public earlier in the meeting. B) Wastewater Treatment Plant design consultant selection process -- The Council received a memo from Director Tiwari on this issue advising them that a task force will review, analyze, and make a recommendation to the Council of the selection of a design consultant for the new facility. The Council had no comments on the staff's memo. C) Fact Sheet RE: Development within the Community -- This staff report provided statistical information on residential, commercial, and industrial development. D) Heritage Awards Program -- Victoria B.C. has this program in place which awards plaques to homeowners that maintain their homes within a certain standard of appearance. Director Goeckritz's memo briefly outlined a 1989 program in which the Housing Rehabilitation Committee awarded plaques to homeowners who took the initiative to improve the appearance of their homes. Staff suggested that this item be a topic of discussion during a Council workshop on a mid-year review of Council goals. CITY ADMINISTRATOR'S REPORT. Administrator Childs advised the Council that the contractor has begun on the City Hall parking improvements and the Library parking lot is now ready for paving. It is anticipated that the work for both lots will be completed within the next two weeks. In regards to Disability Employment Awareness Month, the City continues to strive towards compliance with the Americans with Disabilities Act in the areas of employment, public access, public accommodations, and transportation. Councilor Sifuentez questioned the mineral content of the city's water supply since it was necessary to truck water in from Hubbard to fill the new swimming pool the first time. Director Tiwari stated that Woodburn's well water is healthy even though it does have high content levels of iron and manganese. Eventually, the City will need to chlorinate our water to remove the minerals. The City of Hubbard does treat their water which is why their water could be used for this first time fill of the pool. Page 4 - Council Meeting Minutes, September 25, 1995 TAPE READING 1000 ATTEST 3A COUNCIL MEETING MINUTES September 25, 1995 Councilor Pugh complimented the City of Hubbard on their cooperation. Director Tiwari stated that the spirit of cooperation goes both directions and the cities have been good neighbors over the years. Councilor Pugh reiterated that an improved microphone system is a high priority and something should be done in the very near future to improve the current system. Mayor Kirksey suggested that the workshop with the Wastewater Advisory Committee be held late in the afternoon. Director Tiwari stated that the workshop will be held at the wastewater treatment plant for the purpose of conducting a tour of the plantation and meeting with CH2M Hill staff members who are working on this project. It was the consensus of the Council to meet on October 10th at 4:00 p.m.. Director Tiwari also informed the Council that the selection process for a design consultant should be completed about the time DEQ completes their review of the draft plan. He also stated that customers will be receiving a flyer to remind them of the upcoming rate increase. Additionally, the residential rates will be $20.35 per month plus $3.59/100 cubic feet rather than $3.59 per cubic foot as reported in the local newspaper. Councilor Jennings suggested that a workshop be held to re- visit the Council's goals. It was the consensus of the Council to hold the workshop on October 30th at 6:00 p.m.. Staff will try to secure the PGE building as the meeting place rather than the Council Chambers. ADJOURNMENT. JENNINGS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:24 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR Mary Tennant, Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, September 25, 1995 38 MINUTES WOODBURN PLANNING COMMISSION SEPTEMBER 28, 1995 1. ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Warzynski Mrs. Bjelland Mrs. Davis Mrs. Schultz Mrs. Henkes Mr. Palmer Mr. Will Mr. Frawley Mr. Atkinson Present Absent Absent Present Present Present Present Absent Absent Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner 2) MINUTES: The minutes of September 14, 1995 were accepted as printed. 3) BUSINESS FROM THE AUDIENCE: None 4) COMMUNICATIONS: Staff read a letter from Oregon State University regarding a archaeological dig here in Woodburn. He gave the Commission background information on the reason for this letter from Professor Rob Bonasheen, Director of Anthropology, Oregon State University. He stated that possibly in October, 1995 core samples would be taken and carbon dating done. It could be possible that in the spring and summer of 1996 excavation of the site could be began. 5) PUBLIC HEARINGS: A. PUD 95-01, Conditional Use 95-03, Variance 95-12 - Richard Siewert Staff read the statement necessary to begin 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 a Continuance of the Hearing. A:\PCM\PCM9-28.95 SG:bw 1 38 Staff stated that the PUD would create 24 lots. There would be 12 single family dwellings and 12 zero lot line homes. The entry street would be 34 foot wide. The loop street is 24 foot wide with no on street parking. The private driveway would be 20 foot wide. The fire department has requested that either a turn around area be placed at the end of the private driveway or the homes on this private driveway will have to have residential sprinkler systems. The Public Works Department standards does not allow on street parking on this size of streets. The garage setback is 20', the front of the house setback is 10' and the rear year setback is 15'. Staff stated that a variance was being requested for the Homeowner's Association. The on street parking issue was to have parking bays along the street like in Tukwila so there will be parking space available. The open space is not necessary due to the school property to the west. Staff felt that this design is a more efficient use of this parcel that the one previously proposed by the developer. Chairperson Warzynski voiced her concern on the 20' wide private driveway. Staff answered that the Fire Department is comfortable with either alternative of a turn around or have the homes along the private driveway have residential sprinkler systems. The applicant, Richard Siewert, 812 N. Second St., Woodburn, representing Jerry and Nancy Osterguarrd, gave an overview and background of the original proposal. He stated that the plan had been designed for entry level housing starting at $115,000. All lots are at or above required square footage for Single Family. There is a dedicated access from the subdivision to the school. This is why they asked for the variance to the park area in the subdivision. He complemented staff on their help and input. Commissioner Will asked for an explanation of zero lot line and the other two variances requested, he wanted Mr. Siewert's opinion on those. Mr. Siewert explained that zero lot lines are common wall homes that are individually owned. These are mostly bought by people who do not want a lot of yard work, etc... He stated that the one variance, eliminating the need for the outdoor recreation facilities because the school property is located so close and the request for the elimination of the Homeowner's Association because there is nothing that needs to be maintained. Staff addressed the driveway access on the private driveway would require an agreement for maintaining private driveway. The developer would be required A:\PCM\PCM9-28.95 SG:bw 2 38 to pay money in lieu of parkland. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this proposal. There were none. She then asked if there was anyone who wished to speak against this proposal. There were none. She closed the public hearing. Commissioner Palmer asked staff about the item in the staff report that stated that the Commission approved the PUD in July, 1995. He stated that for the record he does not have any recollection of approving the PUD. Staff stated that the annexation and zone change were approved. The planned unit development was to be brought back at another time. Commissioner Palmer stated that Section 21.060, page 5, says the Commission approved it. Staff answered that it was only a conceptual plan, nothing was tied down like the PUD before you today. Commissioner Palmer asked what the Conditional Use was? Staff gave an example: a church in a Single Family Residential Zone, is considered a conditional use. This conditional use is to allow a PUD there. Commissioner Schultz asked if there is no Homeowner's Association, who will be responsible for maintaining the landscaping areas? Staff answered that the streets are public streets and will be maintained by the city. The landscaped strip is the responsibility of the individual homeowner. Chairperson Warzynski asked if there were sidewalks around the island? Staff stated that there is continuous sidewalk around the outside perimeter of the street, not around the island or on the private driveway. Chairperson Warzynski asked if each driveway for each home would hold 2 cars? Staff answered yes, the garage is setback further to allow for this. Chairperson asked about emergency vehicle access? A:\PCM\PCM9-28.95 SG:bw 3 ~ 38. Staff stated that if necessary there is emergency access by the historical home. Commissioner Will asked if they would be setting a precedence for PUD with no out door recreation areas, no homeowners association, and things like that? Staff stated that it depends on property configuration, what is on the adjoining property, size of the development proposal, all these things have to be considered when doing this. A PUD is one alternative to the ridged Subdivision Standards. This particular site accommodated a PUD better than a standard subdivision. Commissioner Palmer asked if staff came up with the PUD for maximum usage of the property. Staff answered yes. Commissioner Palmer moved to approve PUD 95-01 and Conditional Use 95-03 with the conditions listed in the staff report. Commissioner Will seconded. A vote was taken and the motion passed. Commissioner Palmer moved to approve Variance 95-12 to eliminate the in- door, out-door recreation area. Commissioner Will seconded. Staff clarified the Variance to be the elimination of the Homeowner's Association and the Recreation Lot. A roll call vote was taken. Chairperson Commissioner Commissioner Commissioner Commissioner Warzynski Will Henkes Schultz Palmer Yes Yes Yes Yes Yes The motion passed. B. SPR 95-14 Mufflers, Hitches and More Richard Edmonds, applicant A:\PCM\PCM9-28.95 SG:bw 4 38 Staff read the statement necessary to begin hearing. Staff read the Approval Criteria, the Raise it or Waive it Rule, the Right to Have the Hearing Remain Open, and the Continuance of the Hearing. Staff stated that at 4:45 pm, September 28, 1995, a phone call was received from an attorney who stated that the applicant doesn't own the property that his existing business is located on. Staff stated that the applicant needs the a couple of weeks to resolve this and talk to ODOT regarding the driveway access. Staff asked for a continuance of this hearing until October 12, 1995. Commissioner Will made the motion to continue until October 12, 1995. Commissioner Palmer seconded. A vote was taken and the motion passed. 6) DISCUSSION: A. Draft letter of recognition and a certificate of appreciation of business property improvements was reviewed. Chairperson Warzynski appointed Commissioner Bjelland and Commissioner Henkes to make suggestions as to businesses on 99E that may be considered. - Commissioner Will to work on the downtown area. Commissioner Palmer, Commissioner Schultz and Commissioner Atkinson for the Fairway Plaza area. These appointees would bring back to the Commission suggestions of who should be sent a letter of recognition. 7) REPORTS: A. WDA letter regarding exterior alterations to Mexico-Lindo building located at 403 N. First Street. B. Lot Line Adjustment 95-06 - Mike Hoge - Patrick Industries Administrative approval was given for this proposal. C. Lot Line Adjustment 95-07 - Adjustment 95-11 - Walker A:\PCM\PCM9-28.95 SG:bw 5 38 Administrative approval was given for this proposal. 8) BUSINESS FROM THE COMMISSION: Commissioner Will, for the record, stated that Commissioner Frawley was in Hawaii at this time and unable to attend this meeting. Commissioner Will asked staff if there was anyway to maybe get Council to find some money to assist in the OSU project. Staff answered that this will undoubtedly come up as a discussion item with the council in the near future. 9) ADJOURNMENT: There being no further business the Planning Commission meeting adjourned at 8:25 pm. A:\PCM\PCM9-28.95 SG:bw 6 ~ " 3C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: September 27, 1995 ROLL CALL: Willy Baldwin - Present Nancy Bowman - Absent Dorothy Jaeger - Present Gloria Predeek - Present Jean Weatherill - Present STAFF PRESENT: Linda Sprauer. Director Judy Coreson, Secretary GUESTS: None CALL TO ORDER: President Gloria Predeek called the meeting to order at 12 Noon. SECRETARY'S REPORT: - The monthly Board minutes of August 3D, 1995 were approved as submitted. DIRECTOR'S REPORT: Monthly Statistics: The monthly statistics were self-explanatory. Activities: A list of activities was distributed to the Board. The Friends of the Library Book Sale is scheduled for Friday, September 29 from 10 AM to 6 PM and Saturday, September 30 from 10 AM to 3 PM. On Friday, October 13 "Scary, Scarier, & Scariest Stories" will be presented from 1 to 5 PM for ages to 12 years in varying degrees of "scariness" per age group. The preschool Halloween Party is scheduled for Wednesday, October 25 at 10:30 AM for ages 3 through 6 years. Signage: Most of the previous signs and some new signs have been put back up. Friends of the Library: The Friends of the Library have agreed to pay for the re-upholstering of the remaining 9 large chairs. A Special Account at Ingrams has been opened to enable members of the Friends of the Library to purchase books at a discount. OLD BUSINESS: Heating System Project: The contract has been signed with General Sheet Metal, Inc. for the replacement of the HV AC fans. The fans 1 Y) Ii /Id-II - o/~P--f~J/ 3C should be on order, and replaced the first part of November. The work is to be completed in 7 days. Parking Lot: The project is continuing. The parking lot is not funded by the library's budget but by City Funds; therefore, the parking lot is not for library use only. The south side will be open parking, but not for City employees. There will be 2 spaces designated for library staff parking on the east side for the librarians who close in the evenings. On the north side one handicap space will be provided for a total of two handicap spaces at the library. Seven spaces will be designated for library patrons. Donation from the Kiwanis/Reader Board Costs: Linda has received an estimate of $800 for a two-sided reader board without being lighted. She also will obtain an estimate tor a lighted reader board. The Board discussed the placement of the reader board. NEW BUSINESS: Meeting Room Usage and Charges Policy: Next month Linda will bring a proposal tor adjusting the Library's meeting room charges to be consistent with other meeting rooms available in the City. Presently, if a group charges people to attend their meeting, then the Library charges a tee also. Otherwise the use ot the meeting rooms are free to the public. She will also make a proposal for the out-of-district charge to be consistent with other cities and districts. Woodburn's current charge for an out-ot-district patron is $37.50. Inter-District Use Meeting: Linda and other representatives from CCRLS will be attending a meeting on October 20 with Library Directors in neighboring districts (Washington & Clackamas Counties) to begin discussing the possibilities of establishing a policy for inter-district library usage. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 1 PM and the members of the Board walked through the park to discuss possible placement of the reader board. ReSpeCtf~tted, ~oreson Recording Secretary Library Board Minutes - 9/27/95 2 4A MEMO TO: Woodburn City Council FROM: Nancy A. Kirksey, Mayor SUBJ.: Declaration of Vacancy - Planning Commission Position # 1 DATE: October 5, 1995 Pursuant to Section D of Woodburn City Council Resolution No. 1291, I am forwarding this report to the Council to request, upon majority vote of the Council, that Position No.1 on the Woodburn Planning Commission, incumbent Pam Davis, be declared vacant. The incumbent in this position last attended a Planning Commission meeting on October 27, 1994, representing failure to attend at least 50% of the scheduled meetings for the first, second and third quarters of 1995. Previous attempts to contact the incumbent, including a letter dated July 11, 1995 from the Planning Commission Chair, have gone unanswered. Pursuant to Section C of Resolution No. 1291, I requested, by letter dated September 22, 1995, the resignation of the incumbent. Said letter has also gone unanswered. If the Council declares this position vacant, nominations and applications will be accepted and considered for appointment at a subsequent Council meeting. I regret the necessity of this action, but the importance of the Planning Commission in the scope of the City's affairs is such that it is imperative that the commission be able to function with a full slate of members. - o/f/~~~~~ '@~ ~~ 1995 4C dt"~, ~8 ~,~.9 (,,00- 5.'0~ ~ ~ (to-.h#fio.'_IQN~ 6'..()0- .9..()~ !1>rCW'''~' ~ ~ !1>. m-J !1>cJ~",U2'.. ~ .;41"'~"'~ cfT~ ~/O 6'..()0- 8.'0~ ~ Ql'oi-IQ#'~ {J;U-kDiM;--~,My~~ <7fI/~, ~({ 6'.'00-8:0OJ- Q#'~~ d1"oi-IQ#'~6--~ cfT"--~, ~ (Z 6'..00- 8..()~ <7fI/~ r9'JcJQ.#"~r--- ~ ~, ~ IS 7:00 - (O..()~ ~!1>-wu ~ d1"JcJoAI'~ Ql'~"'y, ~ (4 7:00 - (O..OOJ- OfI/~u_ ~ d1"oi-IQ#'~ cll'~1 ~/S 1..00- 4..0OJ- ~. 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(i(21 , U' . q..){) ^/~ Ci lei' /~ /' ",~ /I' f., {/~f.-:::,-.I!L,# tt,t.P':' j (~~, ?,1::::ru/' )' SA MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator eM- SUBJ.: P~blic Hearing - La Michoacana Liquor license App. DATE: October 5, 1995 The material furnished to the Council at is August 28, 1995 meeting, and again on September 11, 1995 at the initial (postponed) hearing, in support of the Woodburn Police Department's recommendation for denial ofthe above-referenced license serves as the basis for the staff report in connection with this public hearing. Therefore, the previous material is reprinted in its entirety for your review. 1'-. ~_. "C I -, ~.. .' City of Woodburn Police Department 8A .. MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Ken Wright Chief of Police Date: August 18, 1995 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Liquor License Application Applicant: La Michoacana 450 N. First St. Woodburn 97071 Guadalupe Peiia 2299 "F" St. Hubbard 97032 License Type: New Outlet - Restaurant RECOMMENDATION Deny the License Should the City Council wish to accept the recommendation to deny the license, the Council must have a public hearing at the next council meeting. INVESTIGATION May 30, 1995 the police received a liquor license application from the Michoacana Restaurant, 450 N. First St., Woodburn. A background check was completed on all persons listed on the application. No criminal arrests or convictions were found for applicant names provided. In 1988 it was brought to the attention of the Woodburn Police that Federal, State and Local law enforcement authorities were conducting an investigation of illegal narcotics at Michoacana Restaurant located at 450 N. First St., Woodburn. Subsequently Mr. Roberto Pefia was arrested on November 17, 1988 and charged in federal court with possession of a controlled substance (cocaine). Mr. Pefia was convicted and sentenced to federal penitentiary . In 1990, because of police incidentS investigated, citizen complaints, and arrests of persons for illegal drug activity in the area of and within the premises of 450 N. First St., the Police Department notified Mrs. Peiia by letter that complaints had been received and asked that she take appropriate remedial action. This action was taken .to serve notice in accordance with Oregon Law 105.580. As a result of this notification I met with applicant Pefia and her attorney. The result was that Peiia would take appropriate action. - .i. .. -r .' Recomendation - Liquor Li.cense Application La Michoacana Restaurant 8A REASONS IN SUPPORT OF DENIAL OF LICENSE PROBLEMS RELATED To LIOUOR. In the year of 1994 the Police Department investigated 71 liquor related incidents in the reporting grid 60 1. In the entire city, the Police Department investigated 559 such incidents. The reporting area in which the applicant is requesting a -new outlet license- has the highest number of reported incidents of liquor involved investigations. ILLEGAL ACTIVITIES. DISTURBANCES. In 1995, Grid 601 continues to be the focus of on- going criminal investigations involving serious and persistent problems with fights, noisy activities and other disturbances. Despite additional uniform police patrols, foot patrols and community involvement, the Police Department investigated 2 robberies, 38 assaults, 52 vandalism, 67 weapons violations, 29 drug law investigations, 14 ~ drivers and 19 curfew violations. Of 4109 reported incidents city wide, 485 incidents were investigated in Grid 601. In 1988, the Grid reporting area for the downtown district was identified.as Grid 7, in which 878 incidents were investigated, and in 1990, 521 incidents were reported and investigated in the same area, which is now identified as Grid 60 1. LIKELllIooD OF CRIMINAL ACTIVITY. Liquor laws do not allow the commission to deny a license because. there is a possibility that granting the license will result in criminal activity. Rather, there must be a reasonable probability that granting the license will give rise to criminal activity. Probability of criminal activity can also be demonstrated if the business caused or was the focus of illegal activity. As previously shown, the business, La Michoacana Restaurant, was the focus of criminal activity in 1988 with the arrest of one of the two owners, Roberto Peiia. Again, in 1990 when the police department notified the owner of the business that criminal activity was occurring, and most recently in 1995. WOODBURN POUCE CASE 95-3566. A Confidential Reliable Informant, working for the Police Department, contacted persons in the downtown area of Woodburn. As a result of one contact the CRI was offered illegal drugs. The delivery of illegal drugs occurred at 450 N. First St., inside La Michoacana Restaurant. At the time of the drug transaction the operator/owner Guadalupe Peiia was present. Subsequently officers arrested and charged Samuel Romero Area, AKA: -Chong/Pelon-, with Delivery of Controlled Substance 2 - Methamphetamine. The fact that illegal drug activity occurred in the business in 1988, 1990 and continues in 1995 establishes the reasonable probability that illegal drug activity.will continue and that the high incidence of illegal activity occurring in and around the business gives cause to deny the issuance of the liquor license. FELONY CRIMINAL CONVICTION. The application received by the Police Department was made mm: in the name of Guadalupe Gonzalez Peiia. Through the investigation, employees of the applicant were identified and criminal history investigation showed no criminal convictions. 2 .lI " Recomend4/ion - Liquor License AppliCOJion La Michoacana Restaurant 8A As previously noted, applicant's husband Roberto Peiia was arrested and convicted in federal court of the charge of Possession of Controlled Substance with Intent to Distribute Cocaine. Oregon Law 471.295 - Grounds For Refusing To Issue License (4) states; That the Applicant: (d) Has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony. Records show that Mr. Pefia was convicted and sentenced for a felony. Along with the application the City was provided with warranty deeds for the property at 450 N. First St., Woodburn, Oregon. The deeds conveyed the property solely to Guadalupe Peiia, wife of Roberto Peiia. Oregon is a Common Law Property state as opposed to a Community Property state such as California. In a Community Property state, property is owned in common by husband wife each having an undivided one-half interest by reason of their marital status. In a common law system, each spouse owns whatever he or she earns. The warranty deed provided to the Police Department that conveys the property of 450 N. First St., Woodburn is dated July 10, 1990. This may appear to show that Roberto Peiia has no interest in the property and the property is the sole possession of the wife, Guadalupe Pefia. As I stated earlier, Oregon is a Common Law Property state. In such a system each spouse owns ~hatever he or she earns. Prior to July 10, 1990 Mr. Peiia was one of four listed owners of the property and business. After July 10, 1990 Mr. Pefia conveyed his portion to his wife with no mention of remaining owners. Mr. Peiia still has an interest in the property through his marriage to Guadalupe. Should she die, one half of the estate would go to her husband, Mr. Roberto Pefia and one half to children of the marriage. Should the Peiias pursue a divorce, Mr. Pefia would have a right to a claim of all properties owned by his wife. The signing over of the property is a charade for appearances only. Applicant, Guadalupe Peiia, provided the investigator with documentation showing that: she has a business account with First Security Bank: and is the sole proprietor and only signer. Application for Restaurant License and financial statements show only Guadalupe Pefia as the sole proprietor. The utility billings; PGE, Northwest Gas and garbage disposal accounts are in the name of Roberto Peiia. No records showing a final marriage dissolution were presented. On June 26, 1995, a Woodburn Police Officer had occasion to contact Mr. Roberto Peiia for a traffic violation. While at the traffic stop the officer and Mr. Pefia engaged in conversation. Mr. Peiia relayed to the officer that he was on his way home from his restaurant, La Michoacana. Mr. Peiia told the officer that he had been in Mexico for a couple of years and had returned and was living in Hubbard. Mr. Pefia went on to say that, at the restaurant he "did it all - from cooking to running errands". 3 'I), ...-1.. .," ,.....)~ _>_: ", .~OOgBURN"POLICE DEPARTHE~I Im;J_de':tLR~.RQ.rJ.__ Oistribution: Records OLCC SA"- 95-005133 Connect # LIQOUR LICENSE APPLICAT Reported Da t e/Time: 07/23/95 0943 hrs Occurred Date/Time: 05/30/95 0943 hrs to Location: 450 N FIRST ST Intersects: GRANT ST / / 0000 hrs WQODBURN,OR Grid: 601 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- SUMMARY On 053095 at about 0900 hrs. I received a liqour li~ense application from the Michoacana Restaurant, 450 N First St. On 072395. I completed my investigation. ----------------------------------------------------------------------------- --------------------------------------------------------------------.--------- Wit ness: BUSTAMANTE, CARl ANN HF 270 MONTGOMERY ST WOODBURN,OREGON Phone: (503)982-2345 Type: Rusiness AGENT OF WOODBURN POLICE DEPARTMENT ----------------------------------------------------------------------------- ------------------------------------------------------------------------------ Wit ness: RODRIGUEZ,J.T. HM 270 MONTGOMERY ST WOODBURN,OREGON Phone: (503)982-2345 Type: Business Employer/School: WOODBURN POLICE DEPARTMENT POLICE OFFICER ----------------------------------------------------------------------------- -----------------------------------------------------------------------------. Involved person: PENA,GUADALUPE GONZALEZ OOB: 03/10/47 Age: 48 HF Hgt: 4'11" Wqt: 140 Hair: Black Eye: Brown 2299 F 5T . HUBBARO.OR Phone: (503)982-2040 Type: Home SSN: 463-82-1285 Employer- /Sr::hool: l.A MICHOACANA RESTAURANT (503 )981-9922 450 N FIRST ST , WOODBURN.OR Work Days : VARIfD Work Hours: 0900 TO 2200 HRS BUSINESS OWNER ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Reporting Officer: WILLIAM A TORRES ~ Case status/Date: D 07/23/9 Page 1 Approved: __ - .. ," .- " 95-005133 SA ============================================================================= Involved person: PENA-REYES,ROBERTO DOB: 03/06/50 Age: 45 HM Hgt: 5'07" Wgt: 172 Hair: Black Eye: Brown 2299 F 5T , HUBBARD.OR Phone: (50~)982-2040 Type: Home OLN: 1953851 (OR) Employer/School: LA MICHOACANA RESTAURANT (503)981-9922 450 N FIRST ST WOODBURN,OR CO-OWNER OF BUSINESS ----------------------------------------------------------------------------- ----------.------------------------------------------------------------------- Business: LA MICHOACANA RESTAURANT 450 N FIRST ST , WOOOBURN,OR Phone: (503)981-9922 Type: Business ----------------------------------------------------------------------------- --------------------------------------------------------------------..-------- Business: OREGON I. HlOUR CONTROL COMMTSS AKA: Olee 213 MAnRONA AU SE . SALEM.OR Phone: (503)378-4871 Type: Business F.mp)oyp.rISchoo!: STATF. OF OREGON JANICE FORBES - FIELD INVESTIGATOR ----------------------------------------------------------------------------- ---------------------------------------------------.-------------------------- Business: ATTORNEY GENERAL'S OFFICE AKA: bANKRUPTCY AND CREDIT SOARO 995 CENTER ST NE , SALEM,OR Phone: (503)378-4732 Type: Business Employer/School: JUSTICE DEPARTMENT ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- at her: GAMEZ-PENA,MERLINDA oOB: 11/23/53 Age: 41 HE Hgt: 5'00" Wgt: 135 Hair: Black Eye: Brown SSN: 543-19-0661 Employer/Schoo): LA MICHOACANA RESTAURANT (503)981-9922 450 N FIRST ST , WOODBURN,OR EMPLOYEF OF RUSINESS -----------------------------------------------------,------------------------ ----------------------------------------------------------------------------- Reporting Officer: WILLIAM A TORRES #17716 Page 2 - , . " 95-005133 ============================================================================= 8~ Ot her: l.AHAS,ROSALINDA DOB: 05/03/52 AQe: <13 HF Hair: Black Eye: Brown SSN: 545-70-6894 Relation to Victim: Employer/Employee Employer/School: LA HICHOACANA RESTAURANT (503)981-9922 450 N FIRST 5T , WOODBURN,OR EMPLOYEE OF BUSINESS ----------------------------------------------------------------------------- -------------------------~---------------------------------------------------- Other: RAMIREZ,MARIA ANTONIETA naB: 11/27/72 AQe: 22 HF Hgt: 5'0<1" Wgt: 130 Hair: Black Eye: Brown SSN: 552-14-1471 Employer/School: LA MICHOAr.ANA RESTAURANT (503)981-9922 450 N FIRST ST . WOODBURN.OR EMPLOYEE OF BUSINESS ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Other: PENA.MARISA DOB: 09/17/76 Age: 18 HF Hgt: 5'04" Wqt: 125 Hair: Black Eye: Brown SSN: 541-11-0715 Employer/School: LA MICHOACANA RESTAURANT (503)981-9922 450 N FIRST ST ,WOODBURN,OR EMPLOYF~ OF BUSINESS ------------------------------------------------------------------------------ ---------------------------------------------------------------------_.----------- CB IH~___A.~..A1~.~_i.$_QA.T A .:_ SOLICITED: Other TOOL USED: CRIME PREV: None TARGET: AREA: Business TYPE: Private PREMISE: RESTAURANT HATE/BIAS: N GANG RELATED: No OFCR HAl: N DOMESTIC ABUSE: N ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Reporting Officer: WILLIAM A TORRES 117716 Page 3 ACTION TAKEN On 053095 at about 0900 hrs, I began my investigation into the liquor license application for the Mlchoacana Restaurant at 450 N first St. I checked the applicant's, Guadalupe Pena's background. I checked her driving status. she was clear and valid. I checked her for a criminal history. she did not have one. I obtained her list of employees personal information. I checked each one for criminal histories. drivinq records. and for wants status. They were all clear. No one had a crimina] history. I checked the financial records which Mrs Ppna had provided. The records where in good standina I checked with the State Credit and Bankruptcy Board. The were no incidents of credit problems or filings for bankruptcy. I checked our police records involving the Michoacana restaurant. I found that Mrs Pena's Husband. Roberto Pena had been arrested and convicted for Narcotic offenses in the past. I checked him for criminal records. I was able to locate one. I also was able to locate a current case which involved a testifying informant purchasing controlled substances inside of the restaurant while Mrs Pena was in the area. This occurred on May 25th, 1995.(A copy of this report and subsequent arrest will be forwarded). A scan was made of the downtown core for amounts of criminal activity. A larae number of calls were found to involve alcoholic violations. public indecencies. and a high degree of narcotic ~urchasing and trafficking. Several other businesses with liquor lcenses were found to have had an increase in violent behavior by patrons as well as an increase in criminal activity in the above mentioned areas.C a copy of the scan was forwardpd to the OLCC). I contacted Officer Rodriguez who had somp contact with Mr Roberto Pena on June 26th. 1995. Ofcr Rodriguez advised me that Mr Pena advised that he was back in ~own currently. Ofcr Rodriguez advised that Mr Pena had told him. he was back working and ~unning the restaurant business again. which is contrary to what Mrs Pena- has stated in her application. In the Application and other documents, SllCh as her deed of property ownership, she claims that she was the sole owner and manager of the restaurant. Tn the deed documents Mr Pena had relinquished all rights to his wife.( A copy of this contact with Mr Pena is attached). disposition: discontinued 95-005133 SA ===============================================================~============= Reporting Officer: WILLIAM A TORRES #17716 Page 4 88 MEMO TO: City Council through City Administrator FROM: Public Works Program Manager/Community Development Director SUBJECT: Transportation System Plan Public Hearing DATE: October 3, 1995 RECOMMENDATION: Approve the Transportation System Plan and direct staff to bring back an ordinance adopting the plan. BACKGROUND: In April 1991 the Land Conversation and Development Commission (LCDC) adopted the Transportation Planning Rule (TPR) OAR 660 Division 12. The TPR requires local jurisdictions to prepare and adopt a Transportation System Plan (TSP) by May 1996. The Transportation Planning Rule requires the city to prepare and adopt a transportation system plan (TSP) and implementing regulations. For a city with the population of the City of Woodburn, the TSP must include: 1 . determination of transportation needs, 2. road plan for arterials and collectors, 3. public transportation plan, 4. bicycle and pedestrian plan, 5. air, rail, water and pipeline transportation plan, 6. policies and land use regulations for implementing the TSP as provided in OAR 660-12-045, 7. transportation financing plan, and 8. ordinances to assure coordinated planning of transportation facilities. With a partial grant from the Oregon Department of Transportation, the City of Woodburn initiated its transportation system plan in November of 1994. As part of this process the City's Transportation Task Force which had been formed previously to examine transportation problems in the interchange area directed development of the plan through a series of meetings. Kittelson and Associates, Inc., a transportation planning consultant, led a group of diverse consultants to provide technical support to the task force. City staff, OOOT, and Marion County were also represented on the 88 City Council through City Administrator October 3, 1995 page 2 task force. Two public open houses were held to gather public input and ensure that the TSP would reflect the local needs of the citizens of Woodburn. A public open house on June 29, 1995 presented the elements of the plan to the community. A newsletter outlining the major plan components was also mailed to.all residents. The City of Woodburn Planning Commission held a public hearing on the TSP on August 24, 1995. The Commission approved the transportation plan as written with the proviso that the City Council consider the Parr Road over pass as alternative number one. Written comments have been received from OOOT on the plan. OOOT comments will be incorporated in the copy presented for ordinance approval. 88 NOTE Councilors should bring their copy of the Draft Transportation System Plan which was provided previously to the meeting. ~ COUNCil Bill NO. 1673 10A ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 5.7 ACRES OF PROPERTY lOCATED SOUTH OF BRANDYWINE SUBDIVISION AND WEST OF BOONES FERRY ROAD: AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMilY RESIDENTIAL" (RS) AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 95-02 and Zone Map Amendment Case No. 95-03 and considered all public testimony presented, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. The subject property is owned by Nancy and Jerry Ostergaard and is legally described in Exhibit" A", attached hereto and by this reference incorporated herein. Section 2. That based upon the findings and conclusions described in Exhibit "B", the subject property is hereby annexed to the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended, as to the property described in Section 1 of this ordinance, from Marion County "Urban Transition Farm (UTF) to City of Woodburn "Single Family Residential" (RS) based upon the findings and conclusions contained in Exhibit "B". Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. /V1 ~ Ll/Jn/L''\-//~ . /0- ~~7S: Approved as to form: V t"' I vcr . . City Attorney Date Page 1 - COUNCil BILL NO. 1673 ORDINANCE NO. ~ {i} '. "4~/ J l~ Vr+~\ {J' ~ ~. . .. . . .' .' .,;'~;illw,_ ~ . . -- ~.. - -- . . _ .-J.."".......~....:..-. ._......:...-011....... -~ _ _._ I~ ~cu .J. .. ._eo"'" _.~~.."h_.'''~.~..r. _ ..0 -_ Council Bill No. 167 10A Exhibit -A- Page 1 of 2 ., - .\ .-......:.... 8-'2 TUe l~l~e WILL_~eTTK V~LLKV TITLe lJe.."2~6. ~.e. :.,;...< eo" .... ....r :--'::~::~~~.>: ". .' y . . . .... . ;. '.:: .. :",- ......:. .......:."':'..1_ .-I''''''': ....<11' ...~ ...... .... ..,..,......... -"T'- . ... . .,' .......:. "'-'..::.....::.:;,....:._;~:...~..:. '..~I :...;.~.,t-:"":.-:.:...., .... . .... . :""" ".' . .. . .." .. .....;.,.. .... ,.... '". ':':" :..... ,:':' .E~~lt.'.'''..... .. .. 1- ..~ ......:.~~..'" ."':;.. . ...: ~'.'.:. 'eo !eqinning on a line which i. parallel with and .0.00 teet di.tAnt Northwe.terly frolll tha c.ntar U,ne ot the Southarn Pacific Jt<<l1road ri9ht-ot..".y in 'rOw.hip S ' South, Ranqe 2 We.t of the Wilbaatte Hedd!.tn in XadOA I County, Ore90n, at . point which i. 232." f..t 8ou~ 1.0 1" We.t and 1'1.'2 teet South 250 23' Va.t aDd 143.'3 teet South ~oo 54' Weat and 7'.40 teet Korth .70 21' We.t froa the Northea.t corner ot a '0 acre parcel of land ducr1bed 1A deed. to Dan Vic!laer, et 'IX, record.4 . in Volume 304, at 'e<<1e 98 ot Harion County Deed ':~..' .......~. ., recorcls, thence North 870 21' Wut 581.07 teet, thence r.......,.".'~...;... South 00 18' Eut 713.86 teet to the center ot .dd . . '.' ..:... . Southern Pacil1c Railroad rivht-of-way, thence North 400 ~ 54~ Ea.t alon9 the center ot the .a14 Southarn '.citia Railroad riqht ot way, 1140." teet to the inter.action of the .aid center l1ne with the South line ot e County Road, thence Northweaterly along the South lin. ot the eaid County Road to . p01nt where ..id. South 1iDe : intera.ct. a line which 1. parallel with the center ltae l. of tho .aid Southern Pac!!J.c: Rdlroad riCJht-ot-vay IJ:ld .. 60.00 feet distant Horthwe.terly therefrom, thence South . 400 54"West alon<<1 a I1ne which i. parallel with and '0 .. feet dlstant Northwe.terly froa the center ot the ..id. Southern Pacific Railroad riqht-ot-way to the place ot be9inninq. ~.: . -.. . SA\"! AND EXCZP'1' that pardon of the above d..cribe4 tract ly1n<<1 within the bound. of the pre.ent Souther.R Pacitie Railroad ri9ht-ot-way extending alonf the Southe.aterly lide ot the above 4a.eribed tr.o~. . ,. :.~:.. ..: :.. F'aRTUR SAVZ AHD ZXCZP'l' that portion conftyed to Southern Pacifia 'fran.portatioa COlIIpany, tonaer1y .:., . ..... Southern Paeifia Company, by 1nltrumenU reeorde4 .7U17 ,;...."'!._, .~...4.. la, 1915, in Volue 137, "ge 76, be! record_d I)ecUIb." fl .~Y", ',:~"'.-:' 15, un, in Volue &75, h,. 72', De.d "core!. tor .... .:. Hadon County, 01:e90n. f~ 2- '., stmJZC'1' '1'01 1t1l1htl ot the public in aM to that pon1on o~ the herein d.acribed premi... lying within the boundaria. of %oac!1 be! roadway.. STATe OF OReGON REEL ,.,,~ 4151 O\Z9 .f ... '., CotMllY ci MImn I heleby ClIltiIy .. lIlIwilhinMSIeaMcl and dti1y AlCOl'ded by me in Marien County teeordI: HAY IS 4 leI fl' '92 JU!t II. DA VI!lS'lH HARI~~ ,'~ :'i:': :tCRK S y p...~ ... . _.. . y ~~t..:r... , -?,: . fJe -,- . ..';' . .'. . .. :,t . ~s /ft1 e. Hand AeIumed 0 .' .. '. f ! ~p ~; .... .. J .. r I I I l ! . . " i ~ . ;\ ..l 1 I n - ~ t'-l l.O a.. :i UJ w. (I) 1...14 \"'\.f~U r wtNE CT 10A . " 000 0000. .11 No 1673 Council 81 . .t -A- Exhib1 Page 2 of 2 3400 .... -H118IJOo ~")., ) \?rr '., / ..~~.~~ 1( / J RICHARD SIJ:WERT FOR JERRY & NANCY OSTERGAARD ANNEXATION 95-02 ZONE MAP AMENDMENT 95-03 Council 8i11 No. 1673 Exhibit -8- Page 2 of 28 M E M 0 1 OA TO: Mayor and City Council through City Administrator FROM: Woodburn Planning Commission SUBJECT: Annexation 95-02, Zone Map Amendment 95-03 Richard Siewert for Jerry & Nancy Ostergaard DATE: August 30, 1995 At their hearing of July 27, 1995 the Planning Commission reviewed the applicants petition requesting annexation of approximately 5.71 acres to the City of Woodburn. In addition, the applicant requested a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family (RS). The annexation of this site was sought by the applicant in order to obtain approval of a single family subdivision and/or Planned Unit Development (PUD). After hearing testimony the Planning Commission closed the hearing and moved to recommend to the City Council the approval of the annexation, zone map amendment. It should be noted the Commission reviewed the Subdivision proposal and Variance but did not take any action to approve or deny that part of the request. This decision was based on city staff's and the applicant's representative conclusion that a "better" and "more efficient" design could be developed for this property. Therefore the applicant will be resubmitting an alternative design scheme to the Planning Commission on September 28, 1995. The City Council may act on one of the following alternatives: 1. Approve, with conditions, the applicants request for annexation and zone change and instruct staff to prepare an ordinance with findings to substantiate the approval. 2. Approve but modify the Planning Commissions conditions of approval and instruct staff to prepare an ordinance with findings to substantiate the approval. 3. Deny the applicants request and instruct staff to prepare an ordinance to substantiate the decision with findings. Council Bill No. 1673 Exhibit aBa Page 3 of 28 CITY OF WOODBURN 10A 270 Montgomery Street . Woodburn, Oregon 97071 · 982-5222 STAFF REPORT ANNEXATION 95-02 ZONE MAP AMENDMENT 95-03 SUBDIVISION 95-02 VARIANCE 95-03 APPLICANT: Richard Siewert for Jerry and Nancy Ostergaard 8750 SW Citizen's Dr. Suite H Willsonville, OR 97070 II OWNER: Nancy and Jerry Ostergaard III NATURE OF THE APPLICATION: The applicant has submitted a petition requesting to annex approximately 5.71 acres to the City of Woodburn. The owners of the subject property have filed the necessary petition and do consent to the proposed annexation. In addition, the applicant is requesting a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family Residential (RS). The annexation of this site is being sought by the applicant in order to request approval of a single family subdivision (18 lots). In addition, the applicant is also requesting a variance to the cul-de-sac street length from 250 feet in length to 425 feet. No comprehensive plan amendment is part of this application. IV RELEVANT FACTS: Land area: Approximately 5.71 AC The property can be identified specifically as Tax Lot 1500 5S, 1 W, Section 18C Natural drainage exists on the site. The subject property is bounded by Brandywine Subdivision to the north, Boones Ferry Road, Front Street and Southern Pacific Rail Road to the east, School property to the west, and one single family residence. /\ . . Council 8ill No. 1673 Exhibit H8- Page 4 of 28 General description of the area: a. slopes - relatively flat and level b. vegetation - pasture grass and deciduous trees c. drainage - natural d. flood area - none e. sewage disposal - available f. utilities (gas,electric, tel) - available 10A Existing Land Use a. No. single family units j. b. No. multiple family units Q c. Commercial 0 Industrial 0 Public Uses 0 d. Open space 0 School Impact: Per staffs request and the required information for annexation, a letter dated June 19, 1995 from Keith Robinson has been submitted. It is estimated that .5 children per dwelling could be expected. V RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan Residential Land Development Policies Annexation Policies Administration and Enforcement Policies Housing Goals and Policies Public Services Goals and Policies Transportation Goals and Policies Growth and Urbanization Policies B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading and Driveway Standards Chapter 13 Variance Procedures . Chapter 15 Zone Change Chapter 19 Manufactured Dwelling Standards Chapter 22 Single Family Residential District Chapter 39 Mandatory Parkland Dedication of Cash-In-lieu C. Woodburn Subdivision Ordinance 2 Council Bill No. 1673 Exhibit -BM Page 5 of 28 Woodburn Comprehensive Plan 10A Residential Land Development Policies The residential land development policies A- 1 through A-8 have been addressed by the applicant. A-l . Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterial, non-residential uses, or natural features of the 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. Staff: This development will look like an extension of the existing subdivision. Access is proposed to the School property to the west. A-2 Living Environment - Developments in residential areas should be constructed in such a way that they will not seriously deteriorate over time... Staff: Construction of the infrastructure and dwellings shall have to meet public works standards and Uniform Building Code. The applicant has indicated that CC&R's (conditions, convenants & restrictions) will be created. 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 living environment. Staff: The average lot size will be approximately 6,000 square feet. The minimum lot size allowed in the City of Woodburn is 6,000 square feet. No provision for open space has been made. A-4 Streets in residential. areas should be used by residents for access to collectors and arterial. Residential streets should be designed to minimize their use for through traffic. Staff: The applicants proposed development will have one direct public residential access to Parr Road which is classified as a collector. All access within this development will be via residential streets that are designed for residential use. A second emergency access to Front Street is also being proposed. 3 ~ Council Bill No. 1673 Exhibit -B- . . Page 6 of 28 10A 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. Staff: The proposed curved street configuration lends itself to slower moving traffic. This property is difficult to develop because of its odd configuration and physical barriers such as SPRR, and school property and the existing subdivision to the north. The applicant has provided a good design based on the above mentioned limitations, but staff feels a more creative design could be achieved. The Department of Land Conservation and Development has assistance available for property owners who need help with design. The applicant is aware of this assistance and has been in contact with DLCO. If a new design is worked out, and new application will be submitted. A-6 Non-residential uses... Staff: This policy is not applicable because the site is planned for and proposed for residential use only. A-7 Home Occupations... Staff: Home occupation businesses are allowed per section 1 .270 of the Woodburn Zoning Ordinance. A-a High traffic generating non-residential uses should not be located in such a manner as to increase traffic flows on residential streets or residential collectors, A-9 Industrial and commercial uses which locate adjacent to residential areas.. Staff: The subdivision is for single family development. The rail road has approximately 80 feet of right-of-way along the east side of the property. 4 Council Bill No. 1673 Exhibit uBn Page 7 of 28 10A A-10 High density residential areas should be located so as to minimize the possible deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practiced by such means as landscaping,sight-obscuring fences and hedges, and increased setbacks. Staff: The proposal is for low density single family residential development. Specific buffering is not required between low , density residential developments. A-11 Traffic from high density residential areas should have access to collector or arterial streets without going through other residential streets. Staff: This low density development will have direct access on to Parr Road which is a collector. Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period. Staff: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. While the city does not actively annex property there is a policy of not "leap fragging." The subject property is contiguous to the current city limits line. City services are available and adequate to accommodate this development. The applicant has addressed the public works department comments relating to sewer. 5 Council Bill No. 1673 Exhibit -B- Page 8 of 28 Housing Goals and Policies G-1-1 The City will insure that sufficient land is made available to 1 OA accommodate to growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the City... Staff: Lands within the urban growth boundary and outside of the city limits are available for development. The subject property has been planned for single family development. This will make available 5.71 acres of land for development. Market conditions and supply of developable land dictate what parcels within the city's planning area are developed. The subdivision is proposed to be stick built houses. Approximately 18% (757.8 AC) of the total 4,089.9 acres in the city's planning areas (to the year 2000) is planned for single family development. Six (6%) percent (238.1 AC) is planned for RM multi- family. Of the 988.2 acres of RS single family land within the city limits, 263.2 (27%) is undeveloped. Approximately 12% of the total land within the city limits is developable (underdeveloped and undeveloped) compared to 4.25% for RM multi-family development. Public Services Goals and Policies It is the goal of the City to provide adequate public services to all areas of the City to include: sewer lines of adequate capacity; water lines of adequate capacity for both domestic supply and fire fighting capabilities; and storm drainage to prevent flooding of valuable property where feasible. Staff: Sewer, water and storm drain lines are available. It will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. It is the policy of the city to provide facilities at the least long range cost to the city. Efficient design of all facilities should be encouraged. The sizing of all lines should be adequate to accommodate the expected lifetime of those lines The city should oversize the lines where it is deemed reasonable that during the life of the facility the lines will be carrying additional capacity . 6 .' Council Bill No. 1673 Exhibit DB- Page 9 of 28 10A Staff: Adequately sized lines will be required to provide sufficient capacity to serve this area of the city. All sizing and location of utilities will be subject to review and approval of the public works department. Transportation Goals and Policies Staff: The applicant has addressed the transportation policies adequately. A pedestrian access point to the school district property has been agreed to. The applicant will coordinate with the school district the exact location of this access way. Growth and Urbanization Policies Staff: Policies K-1 through k-11 are applicable to the petitioners request. Public services are available to the site, the developer will be required to pay systems development charges for their impact on the infrastructure. The City of Woodburn and Marion County have maintained a process for providing an exchange of information relative to any proposed annexation. Once the annexation takes place, the property will fall under the City's jurisdiction. Woodburn Zoning Ordinance Chapter 10 Off Street Parking, Loading and Driveway Standards Section 10.080 Driveway Standards Staff: The applicants driveways will be reviewed and subject to (a) through (j) as applicable to this request. All driveways will be subject to review and approval by the public works department and building department. Private driveways are fire lanes and shall not be blocked. 7 Council 8i11 No. 1673 Exhibit uBu Page 10 of 28 10A Chapter 13 Variance Procedures Staff: The applicant has adequately address this approval criteria. Staff does concur and recommends approval of the variance. The practical difficulty and conditions applying to the land are its location and odd shape. There are physical barriers on all three sides of the property which will not make allowance for alternative accesses or street connections. The railroad, school property and the existing subdivision are the physical barriers. In order for the proposal not to be detrimental to public welfare or adversely affect health or safety, an emergency access has been provided to Front Street. The alternative access point has been reviewed by the Fire District. Chapter 15 Zone Change Procedures 1. There is a need for the use proposed Staff: The need for the zone change is based on the fact that if a property is annexed, the subject property needs to be reclassified from a county designation to a city zone. The need would also be indicated by current market conditions 8S well as the city's current inventory of land. The applicant has provided evidence of need from recent sales data in the Woodburn area. 2. Show that the particular piece of property in question will best meet that need. Staff: The application is in compliance with the comprehensive plan policies. Services are available to the site, they can be extended in an orderly fashion. Chapter 22 Single Family Residential District Section 22.010 Within the RS Single Family Residential District no building, structure, or premises shall be used, arranged or designed to be used except for the one or more of the following uses: (a) Single Family Dwelling Staff: The proposed subdivision and single family residences are an allowed use. 8 " Council Bill No. 1673 Exhibit liB- Page 11 of 28 Chapter 39 Park'and Dedication and Cash-in-lieu 10A Staff: The applicant shall be required to pay the required parks systems development charges. Woodburn Subdivision Standards Chapter III Section 7 Staff: The applicant has submitted most of the information as required per section 7. Specific utility information and location(s) can be addressed at the time of final engineering approval. VI COMMENTS FROM OTHER DEPARTMENTS: Attachment A Public Works Attachment B Building Department Attachment C Police Department Attachment D Planning Department Attachment E Woodburn Fire District Attachment F Wastewater Division Attachment G Parks Department Attachment H Woodburn School District VII CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 5.71 acres of property described in this report. The annexation is being requested for the development of an approximate 18 lot subdivision. To proceed with this development, the applicant is requesting a zone change from Marion County UTF Urban Transition Farm to City RS Single family. The applicant is also requesting a variance to the cul-de-sac street length. VIII RECOMMENDED CONDITIONS OF APPROVAL: Based on the information in this report, the following conditions of approval are recommended: A. Annexation Zone Change 1. Provide Planning Staff a copy of legal survey describing area to be annexed prior to city council hearing. This will be necessary for City Recorder. 9 Council Bill No. 1673 Exhibit uB- Page 12 of 28 B. SUBDIVISION 10A 1. Subdivision approval is subject to approval of annexation and zone change. 2. Comply with staffs comments as submitted by Public Works Department Building Department Police Department Planning Department Fire District Wastewater Department Parks Department School District 3. Submit copy of subdivision plat to Woodburn Fire District prior to recordation with Marion County for review. The applicant shall comply with the fire districts conditions of approval and provide adequate information (ie width, surface, recorded easement) for emergency access to Front Street. 4. Provide planning staff a copy of CC&R's following preliminary approval. 5. Provide pedestrian access to the school property. The location shall be agreed upon by the School District, developer and staff. The access way shall be hard surfaced and lighted and maintained by the homeowners association. 6. Any singage shall be reviewed by the planning department. Sign permits shall be issued by the building official. 7. All driveways shall access on internal residential streets. Private streets are designated as fire lanes so no blockage could be allowed. No parking signs shall be erected and maintained by the property owner. 8. The recorded subdivision plat must be in substantial conformity with the tentative plan for the proposed subdivision. 9. Prior to recordation with Marion County: The applicant shall submit a copy of the subdivision plat for review by the planning department and public works department. Once approved, it will be initialed by the community development director prior to recordation. 10 ~ouncll . 8ill No. 1673 ExhibitUBU Page 13. of 28 10. On site construction shall not commence until improvement plan81 OA have been reviewed and approved by the Public Works Department and all right-of-way permits, non-remonstrance consent forms are signed. 11. Final plan shall conform to the construction plan review procedures and standards. 12. Final plan shall conform to the City of Woodburn standard specifications and all state building codes. 13. Following recordation with Marion County, the applicant shall submit to the planning department three (3) copies of the recorded subdivision plat. 11 SUBDIVISION REVIEW. 1285 S. FRONT PUBLIC WORKS ~ouncil 8111 No. 1673 Exhibit DB- Page 14 of 28 10A Additional Information Required PRELIMINARY -..... 1. Vicinity map 2. Diagram of sewage, storm, and water system A. GENERAL CONDmONS 1. Anal plat shall be platted according to Standard Surveying Practice, approved and recorded within Marion County. 2. Anal plans shall conform to the Construction Plan Review Procedures and Standards. 3. The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodburn Subdivision Ordinance, Chapter III, Section 6. 4. Existing on-site sewage disposal systems and/or water wells shall be abandoned in conformance with state regulations. 5. No natural storm runoff shall be blocked by this development. 6. All work shall conform to the.. City of Woodburn standards and specifications and all state building codes. B. STREET and DRAINAGE 1. Minimum cul-de-sac dimensions: 45-foot radius curb to curb; right-of-way 50- foot radius with 6-foot wide utility easement. Current plan does not comply. 2. The minimum street centerline radius of 100 feet is required: current plan does not comply. 3. The minimum width for flag lot access is 30 feet. Private drive shall comply with Chapter 10 of the Woodburn Zoning Ordinance (for example, provide turn around). Drive shall. serve no more than four units. Current plan does not comply. . 4. Plat shall identify which lots shall benefit and maintain each private access easement. ATTACHMENT A Council Bill No. 1673 Exhibit uB- Page 15 of 28 5. The emergency access: Who will have control and/or benefit from thJ OA easement? Who will have the maintenance responsibilities? ~ 6. Contact franchised utilities for any easements they may require. 7. Applicant/owner is responsible for arranging and installing franchised utilities, including street lighting. 8. The existing storm sewer at the south end of Elana Drive may not have sufficient depth o"r capacity to serve the entire development. This shall be verified and a storm runoff-hydraulic analysis provided. C. WATER 1. The existing water main within Elana will be extended to serve this development. Size will depend on the number and location of fire hydrants. 2. The existent water service for the residence to remain will require relocation within an easement. The meter must be located in the public right-of-way. 3. Water meters will be placed within the right-of-way, including services for flag lots. 4. For future looping, a 16-foot easement will be platted to the west property line, tentatively between lots 5 & 6. 5. Are protection shall be as per Woodburn Fire District's condition of approval. D. SANITARY SEWER 1. The existing sanitary sewer at. Brandywine and Elana may not be of sufficient depth to serve the entire development by gravity. This shall be analyzed by a registered engineer, and provided to the city staff for review prior to planning commission approval. 2. Sanitary sewer shall "be installed with tracer wire. 3. Sanitary services shall be installed to property line and a cleanout installed. 4. No additional comments until further data has been provided. SFROHT '" Council Bill No. 1673 Exhibit DBa Page 16 of 28 SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPUCATIONI NOTES 10A "......,,.,,,,,,..tIJIIW...............,,..,,,....,..,,...........,...,,..,,..,.....,,.,.,.,,,,,,.,.,,.,.,,.,,,,,,.,,,,,,.,,,,,.,,...,,,,.,,,,. REQUEST DATE: April 19, 1995 DEPARTMENT: fJUlLOtNG CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246 APPUCANT: Richard Sie\l\lert c/o Stan Wiley, Inc. Realtors TYPE OF PROJECT: Annexation, Zone Change, Subdivision and Variance PROJECT LOCATION: 1285 S. Front St. Woodburn Or. T.L.# 1500 Sec. 13,18 T5S R2W CONFERENCE pLACE: Conference Room Woodburn City Hall DATE: May 3 , 1995 TIME: 1 :30 P.M. GENERAL INFORMATION TO APPUCANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan ReviewlPre-Application request. All materials are to be collated and folded. Signature - Ownerl Agent DEPARTMENT COMMENTS C s' j) /J u.. ~ ~ I t7 f Lv ~ .f I?e;,-/~' hAt (. 6 E' :~'J f r1&r /"A1 tiff, 7,-",,- h":'" . No S 7/"," N~ IF d-t- ~/f "j;-~/AL S!J,!'--L b € IJLLt:>-~ iF d t7 ~ e"1j S'lreCr e)uJ"'mlc--'" L 7O'LE r 5/;-4LL- bE If/{ ~;7E prl~r 7i:> C;O/V$7/-u~ 77~ / . , ~~J eUJ/!t-k5 h h ~Ll- b ff ,p~.4c-rd w AeJJ. 13i:',t-d//1/9 tr P t!:~ /111 '15 /f r17 P A ;(1 A- IV d p rtt> r % Cf.') liS Ir v~ 7J i?7 ~ / / ' .,.. 117S AnL-L- bE I/li (!) e-r/9-'h~ r u". r 10 t!(!l/f(J".!; T4b eo", shx-;, THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) It As Builts. must be pr~vided prior to issuance of the. building permit SPRPRE. fM ATI'ACHMENT B 1 Council Bi 11 No. 1673 Exhibit uB- Page 17 of 28 City of Woodburn Police Department MEMORANDUMOA 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 En. 358 William A. Torres JtXd Criminal Operatiods . CROID.A.R.E. Date: May 2, 1995 :~ Re: Teresa Engeldinger, Planning Department U Don Eubank SITE PLAN REVIEW - 1285 S. Front St, Woodburn Richard Siewert, col Stan Wlley, Inc. Realtors After reviewing this site plan, I would make the following comments: 1. Proper lighting should be placed both on the cul-de-sac and the access/easements. 2. Landscaping shrubberylbushesltrees should be no higher than 3 to 4 feet. 3. The street should be wide enough to allow vehicles to park on it, yet allow vehicles easy safe movement into and out of the cul-de-sac. 4. A traffic control device should be placed where the emergency access-way and N. Front St. . Please feel free to call or see me or U. Eubank if you need any further information or clarification. ATTACHMENT C " SITE REVIEW of SUBDIVISION 95-02 ANNEXATION 95-02 ZONE MAP AMENDMENT 95-03 VARIANCE 95-03 "CENTENNIAL ACRES. SUBDIVISION COMMUNITY DEVELOPMENT DEPARTMENT COMMENTS 5/3/95 ~ouncll 8111 No. 1673 Exhibit liB. Page 18 of 28 10A Applicable approval criteria: 1 . Woodburn Comprehensive Plan Residential Land Development Policies Annexation Policies Administration and Enforcement Policies Public Services Goals and Policies Transportation Goals and Policies Growth and Urbanization Policies 2. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearings Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading & Driveways Private street standards Chapter 13 Variance Procedures Chapter 15 Zone Change Proeedure Chapter 19 Manufactured Dwelling Siting Standards Chapter 22 Single Family Residential District Chapter 39 Mandatory Parkland Dedication or Cash-in-Iieu Woodburn Subdivision Ordinance Landscaping Standards Woodburn Sign Ordinance The following information is needed in order to review the application for completeness and schedule a date speCific before the Planning Commission and City Council. Provide a certified list prepared by a title company of property owners within 250 feet of the property boundaries. This list needs to be on pre-pasted labels for mailing. : Pay appropriate application fees. ATTACHMENT D . \ Council Bill No. 1673 Exhibit IIBu Page 19 of 28 Review of the application is subject to the Woodburn Comprehensive Plan ResidentiallJiilA . Development Policies,. Annexation Policies, Transportation Goals and Policies and Urbanization Goals .and Policies. The applicant must submit a narrative addressing this approval criteria. Indicate what improvements will be made to the proposed site and when. Provide nine (9) copies of site plan on 8 1/2 X 11 for planning commission members. Provide (2) two additional copies ( 18 X 24) of site plan for planning staff and a total of eleven (11) copies of supporting documents, narrative etc. for planning commission members and staff. These documents need to be folded and collated. -- Address any potential phasing of the development. Provide written comments from school district on proposed impact. Indicate subdivision name on Map. Provide vicinity map. Provide map indicating property to be annexed. Indicate surrounding land uses on site plan and other access points in relation to development. ie connection to Settlemier. Indicate street width and size of radii. Will there be CC&R's and a homeowners association? What type of homes are proposed to be built. Clarify property boundary for lot 18. Provide pedestrian access to school property. Comply with residential lot dimensional standards. Provide foundation foot-print for lots 1,6,7,10,19,20 to show compliance with setbacks. Apply for variance to the public street length, private street length. How will private streets be maintained. Emergency access way shall be paved. Meet vision clearance standards for any proposed signage and fencing at intersections. Please call if you have any questions. Community Development Department 982-5246 l \ \ counCl."l Bill No. 1673 ~ Exhi bit DBD I, Page 20 of 28 .. WoodlJunqA ~ Memo To: Teresa Engeldinger, Planner City of Woodburn From: Bob Benck, Fire Marshal Woodburn Fire District Re: Elana St. Subdivision Date: .April 24, 1995 SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICT A. ACCESS : Access to all structure must be within 150 feet of all portions of the ground level exterior. Access ways more than 1 50 feet to a property will require turn around provisions. If either of the two previous statements cannot be met then a residential sprinkler system may be acceptable as an alternative method of providing life safety. B. FIRE FLOW : The minimum requirement for residential housing is 1000 gpm. C. HYDRANTS: All properties must be within 250 feet of a hydrant. If this provision cannot be met then. residential sprinkler system will be acceptable, however hydrants will be spaced at a maximum of 500 foot intervals on the street. ; D. SPRINKLERS / FDC : Residential Sprinklers are an alternative method when access or hydrant locations present a problem. An FOe is not required for residential sprinklers. E. ALARM SYSTEM : As required for single family residents. ATTACHMENT E 1776 Newberg Highway Woodburn, Oregon 97071 Council Bill No. 1673 Exhibit uBII Page 21 of 28 10A F. PREMISE IDENTIFICATION: Street address numbers must be of contrasting material with its background, and visible from the public way. Note : All flag lot need to have the address posted at the access point from the public street. This must be done prior to the beginning of construction. G. CONDITIONS FOR CONSTRUCTION : Approved building permits and approved plans must be on site. An onsite water supply system must be inplace, operational and acceptable to the city prior to the beginning of combustible construction. H. BUILDING PLANS: All construction must comply with Building Codes as adopted by the City of Woodburn. Uniform Fire Code compliance as adopted by Woodburn Fire District and the State of Oregon. . J - t,: t . .... ~oun~ll tllll NU. Ib/J Exhibit DB- Page 22 of 28 SUBDIVISIONI SITE PLAN REVIEW - PRE-APPlICA TIONI NOTES ~~~-~~~~~~~~~~~~~~~~~~~~~~~~ 10A DEPARTMENT: MSTEWATER DIV. REQUEST DATE: April 19, 1995 CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246 APPUCANT: Richard SieW!rt clo Stan Wiley, Inc. Realtors lYPE OF PROJECT: Annexation, Zone Change, Subdivision and Variance PROJECT LOCATION: 1285 S. Front St. Woodburn Or. T.L.# 1500 Sec. 13,18 T5S R2W CONFERENCE PLACE: Conference Room Woodburn City Hall DATE: May 3 , 1995 TIME: 1 :30 P.M. GENERAL INFORMATION TO APPUCANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan ReviewJPre.App(ication request. All materials are to be collated and folded. Signature - Ownerl Agent PEPARTMENT COMMENTS .'.~ ." J~Wh1~ I'*t! , lAu~J. r:lH1~~ Q~IA_i:~~ C"llffAAoQ.I( {. S ~ Ill'+' JAt!' t~~1 II~.~. / -- THE FOllOWING (S REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) D As Builts- must be provided prior to issuance of the building permit SNPtlE. HI ATTACHMENT F ~ounc11 Bill No. 1673 Exhibit uB- Page 23 of 28 10A MEMORANDUM TO: Teresa Engeldlnger. City Planner FROM: Nevin Holly. Director Recreation and Parks SUBJECT: Parks sec Fees For Richard Siewert Project DATE: April 21. 1995 I have reviewed the preliminary plat for the Jerry and Nancy Ostergaard Development. The standard adopted System Development Charge of $483.20 per lot will apply to this development. The total City of Woodburn Parks Systems Development charge for this 20 lot subdivision is $9,640.00. These fees are due at the time building pennits are issued. They may be paid in full or on a lot by lot basis as permits are issued. The Woodburn Recreation and Parks Department wishes the developer success on this project. NH:swp ATTACHMENT G ~ WOODBURN PUBLIC SCHOOLS MARION COUNlY SCHOOL DISTRICI' 103 965 NORm BOONES FERRY ROAD WOODBURN. OREGON 97071 (503) 981-9555 Council Bill No. 1673 Exhibit aBa Page 24 of 28 10A June 19, 1995 Steve Goeckritz City of Woodburn 270 Montgomery St Woodburn Oregon 97071 Dear Steve: Richard Siewert brought in plans for the Ostergard Development next to the school district Parr Road Property and is an extension of Elana Drive. We estimate that one half (.5) children per household will be in public school. Therefore, it will not have a significant impact on the school system. We will encourage the development to have a pedestrian access from the development to the school district property. We believe that will curtail having children walk around or walk through people's property and climb over fenCes to gain access to the schools and to Centennial Park areas. If! can be of further help just give me a call. ATTACHMENT H Woodburn School DWtrlct 103 compiles wilt 'PIOVlllkms of Ute wrIous cM1 rfghts laWs. such as othe Jfalr Employment I'ractkles Ad.. the Amertc::am with Dlsabl1ltles Ad.. TItle IX ~atIons. and eectIon 504 ofPL 93.1121n employment and educational programs and activities. ~ Council Bill No. 1673 Exhibit -B- Page 25 of 28 VARIANCE CONSIDERATIONS 10A a) Due to the location problems surrounding the parcel, i.e. existing subdivision along the northern boundary, school property along the western boundary and railroad property along the eastern/southern boundary; it is impossible to develop the land using any type of loop or connecting road system. b) Generally, subdivision land is of a size and location in the surrounding area to provide for the development of inter-oonnecting road systems. This particular parcel due to it's small size and location presents an exceptional circumstance which can only be mitigated by a variance to allow for a longer length cul-de- sac length to serve the property. c) The site plan has provided for an alternate emergency vehicle entrance/exit which compensates for any detrimental effect to the public that the extended length of the cul-de-sac may create. Because the street (Elana) entering the subdivision is essentially a "half' or short block from a main street (parr), the extended street length does not pose a situation which would create an unusual distance to be traveled to gain exit to a main street The proposed subdivision will be a natural extension of the existing neighborhood and will not be injurious to property or improvements, but will in fact increase the value and livability of sUITOWlding properties. d) By not granting the variance, the petitioner would be deprived of the opportunity to develop a non-producing parcel ofIand and would be left to maintain and support an essentially large single family parcel of land which would be costly and time-consuming. e) The health and safety of those persons working and living in the adjacent neighborhood would not in any way be impacted negatively. In fact, by providing an alternate emergency vehicle access route to the adjoining neighborhood would enhance the safety of that neighborhood as it is currently accessible by only a single entrance and the development of this parcel would add a second emergency vehicle entrance/exit. f) The proposed subdivision complies with all applicable Comprehensive Plan criteria and the granting of the variance is in harmony with the development process given the location restrictions which exist with this particular parcel. It will not adversely affect any ordinances or officially adopted policies or plans. . . \I ~. ' ~ Council Bill No. 1673 n .,...E;c:hibit IIBH \40~E~~ A-c.~e 26 of 28 PREUMINARY PLAT JERRY AND N~Y OSTERGAARD IN SEC11OH$ 13 ~ III T 5 5. R 2 .... WoN. v.oooeURN, MARlON COUNTY, OREGON IAAftOl 14. 1ft' 10A BRANDYWINE COURT ---- ~ 0;:: a -< z -< ..J l.&J ( BRANDYWINE SUBDIVISION Ie. " I " I lOT " 114 FT ....... lOT 18 ~:l72 so " ~.c _. - 111 K Ullf tIT. -. __ Ql(f B o I' o ~ ,v IT ~ ~{- .. I .l..?> o/~ ^./' .J o. ~ o ~' , (/ I' <? SCAlE: 1" - 82' ~ I !- I 'c.- . c.- I. - ,. - I' - I, = 1 _ 1 - I - I C- I o~ I ~ - .. - , I- i- 'r: . ~ ! .,. CENTENl41Al. PARK . N. 'l'1"t-:\ t.::=' Tf"" ~I -:r I F11 --. . r- #-1- /:::.f'l'-r, t: -:: t ... r::-'J. = = = - ~ - . - ~ '- i- HELLIE;";;'~ .. f- ~ . 8CHOOl '- l- f- I- i- I / I I t\ Li /: 1./ / 1'/ U " I..;GEEi ~ "~L ~ .~..~ _I.;' ;..l -- !/do -;;r . Do h." Y -.. ~ ......."i,.. P ,~.,,",''I. .. K. tj f- . ~ -V1f11 g~ u::r:JJ .;. t:1/!:t:fi r::t-Jy'1 .~ ifR-lm '1:;;' PE - p" - I ,. - - ' - - - l- I- I- I- ~ '- r- l- i- ~ TTI r - '- r.:' Tn I I I IITI 1 1 1 ~ .- -: ij:::- .. /<~=., ~i',~" /~ p.RM , /'.. ~ ..~... /' ~; ~ ..:' r'~'~I~ ~~ ~ /" . '~'-: :; .I~ 7 //.. ~I. II~t~ li.'..J.. H' 7' /.. - I{ I '1L . ~ l~ 7t\lt.S I · == .1 l :fff!f::.i3ilJ " l v T ~. ~R~t IJ~? . ~Iol."Lf rGoIIII i .. "'" uuw.. ..\ ~. 1~ ? ;~~ -I I~ Ro.~ i.;! .... T I J... . f ..1 . ~ .. YW ~~'. . :;. '" . G ')I.';L.'. . Qj . fT.,.,......... ~,~ ';'1 . Ii::lo.' 'fot.., :, ttrc I ,--., c . . : u.TF 'lAU,tIT Ff\RMt.P.MD . l~: ";.. pp RS . .~ .. F'^T\.l~e. ~06L 51"€' .' "-,.~ c I1lZ u,-F' W"~"Iol'- ~ ;: ,/i - ;; ,t:j. . ,"':..' u,-i= 1/ p.d>.tJ.T . FA--RML"'Nb , .; , ."4f: i.i.I';.':: .~ . .;...... . '. . ,;i: .~'. ..~:~::'l' .: ..,c.,.: .(-i<~t . :.\=:.:: .:'i,:.it ." ." ,. 'UT"F .. ~I~"..E ~~t>I. d' ~ -, ..~ : ... -.. : . ",. . II 1/. .., '.... ....,,'~~? ; Council Bill No. 1673 Exhibit uBu Page 27 of 28 10A . ~ I WD ,1\ /./ ~"::) ~ ? ~ ~ . ..(('fU (2--.... " ~G) ;5\ ~ .~{> ~~ .(} '1i2' S' <Y~ '/p ~ \P o~ G ,\~ f< #" r-.... '-UUIIC11 In II No. 1673 Exhibit DBa Page 28 of 28 lOA 108 MEMO SUBJECT: City Council through City Administr'~ ~ ..Public Works Progrllm Manager ~. Surface Transportation Program (STP) Fund Exchange TO: FROM: DATE: October 2, 1995 RECOMMENDATION: Approve the attached resolution entering into a fund exchange agreement with the State of Oregon for federal Surface Transportation Program (STP) funds to widen Cleveland Street between Front Street and Second Street. BACKGROUND: The federallntermodal Surface Transportation Efficiency Act (lSTEA) of 1991 initiated the Surface Transportation Program which replaced the old Federal Aid Urban (FAU) program. The STP funds must be utilized each federal fiscal year under ISTEA rules. The old FAU system allowed for the accumulation of these funds for larger projects which is not allowed under ISTEA. The Oregon Department of Transportation (ODOT) in conjunction with the League of Oregon Cities worked out a program that allowed a city to exchange $1.00 for 94C of state funds which could then be utilized for a much wider variety of projects than authorized under ISTEA. The city utilized these funds in the past for the Country Club Road realignment. The project that ODOT approved for the 1995 fund exchange agreement is the widening of Cleveland Street between Front Street and Second Street. Staff recommends that the attached resolution be approved. 108 COUNCIL BILL NO. /674- RESOLUTION NO. A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT NUMBER 13,836 WITH THE STATE OF OREGON TO EXCHANGE FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDS FOR STATE FUNDS TO BE UTILIZED FOR CLEVELAND STREET WIDENING BETWEEN FRONT STREET AND SECOND STREET AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, , the State of Oregon, by the authority granted in ORS 366.770 and 366.775, may enter into cooperative agreements with cities for the performance of projects and, WHEREAS, , The State has established a fund exchange program to exchange allocated federal funds for state funds to be utilized for accepted projects and, WHEREAS, , The State has determined that the project for Cleveland Street widening between Front Street and Second Street is eligible for exchange funds, NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into local agency fund exchange agreement number 13,836 with the State of Oregon which is attached as Exhibit II A II and by this reference incorporated herein for the exchange of allocated federal funds for state funds to be utilized on the project to widen Cleveland Street between Front Street and Second Street. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to for~ ~ City Attorney Date APPROVED: Nancy A. Kirksey, Mayor 10B September 25, 1995 Misc. Contracts and Agreements No. 13,836 WOODBURN FUND EXCHANGE AGREEMENT 1995 THIS AGREEMENT is made and entered into by and between the STATE OF OREGON. acting by and through its Department of Transportation, hereinafter referred to as .State-. and the City of Woodburn. acting by and through its elected officials. hereinafter referred to as -Agency". I. By the authority granted in ORS 366.770 and 366.nS. State may enter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. State and Agency have determined' that it is advantageous to both parties and in the public's interest to enter into this agreement. 3. Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the CLEVELAND STREET WIDENING BETWEEN FRONT STREET and SECOND STREET. hereinafter referred to as -Project". 4. To assist in funding the project, Agency has requested State to exchange Federal Funds which have been allocated to Agency for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $68,034 Federal Funds for $63,952 State Funds. 5. State has reviewed Agency's prospectus, considered Agency's request for the fund exchange, and has determined that Agency's project is eligible for the exchange funds. 6. The parties agree that the exchange is subject to the following conditions: A Th~ Federal Funds transferred to State may be used by State at its discretion. state of Oregon / City of Woodburn 1995 Fund Exchange #13,836 September 25. 1995 page 2 108 B. State dollars transferred to Agency must be used for the project described on page 1. This fund exchange is to provide funding . for specific roadway projects and is not intended for maintenance. C. State funds may be used for all phases of the project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). Agency shall be responsible for accounting for expenditure of State Funds. D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $63,952. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. E. State certifies at the time this agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within State's current appropriation or limitation. Funds available for reimbursement on or after July 1, 1995, are contingent upon the legislatively approved budget of State. . F. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers' compensation, unemployment taxes, and State and Federal income tax withholding. G. Agency agrees to comply with all applicable State, Federal, and local laws, rules; regulations and ordinances, including but not limited to those pertaining to civil rights. H. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current State and Federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the project. ... " . . .State of Oregon / City of Woodburn 1995 Fund Exchange #13,836 ... September 25, 1995 page 3 108 I. Agency shall submit a copy of the project plans and specifications to State for review two weeks prior to advertisement for construction bid proposals. State shall notify Agency of any changes or modifications it deems necessary prior to advertisement. Failure to suggest changes shall in no way constitute State approval of the plans and specifications. J. Agency shall compile accurate cost accounting records. Agency shall bill State in a form acceptable to State no more than once a month for costs incurred on the project. State will reimburse Agency at 94 percent of the billing amount not to exceed $63,952. The cost records and accounts pertaining to. the work covered by this agreement shall be retained for inspection by re.presentatives of State for a.period of three years following final payment. Copies shall be made available upon request. K Agency shall, upon completion 9f project, maintain and operate the project at its own cost and expense. L. The contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017 which requires them to provide workers' compensation coverage for all their subject workers. M. This agreement shall be for two years beginning on the date State's representative executes this agreement and terminating two calendar years later on the same month and day, unless otherwise extended or renewed by formal agreement of the parties N. This agreement may be terminated by mutual consent of State and Agency or by either party upon 30 days' written notice, delivered by certified mail or in person. O. State and Agency hereto agree that if any term or provision of this agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions. shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not -contain the particular term or provision held to be invalid. state of Oregon / City of Woodburn 1995 Fund Exchange #13,836 September 25, 1995 page 4 108 7. Agency shall authorize execution of this agreement during a duly authorized session of its City Council. The funding for this fund exchange program was approved by the Oregon Transportation Commission on July 20, 1994, as a part of the 1995-1998 . Statewide Transportation Improvement Program. The Financial Services Branch Manager approved this Fund. Exchange on September 12, 1995. On April 12, 1995, the Oregon Transportation Commission adopted Delegation Order 2, which became effective May 1, 1995. The Order grants authority to Region Managers to approve and execute agreements for work in the current Statewide Transportation Improvement Program or approved workplan budget. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. All agreement provisions were approved as to legal sufficiency on July 19, 1995, by Dale K Hormann, Assistant Attorney General. CITY OF WOODBURN, by and through its elected City Officials STATE OF OREGON, by and through " its Department of Transportation By By Region Manager Title Date By Title Date APPROVED AS TO LEGAL SUFFICIENCY By Agency Contact and Address: Randy Rohman - City of Woodburn 270 Montgomery Street Woodburn OR 97071 Date . . . . 10C MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Amendment to ORS 190 Agreement re: Keizer Fire Dist. DATE: October 3, 1995 RECOMMENDATION: Approve accompanying Council Bill (resolution) authorizing amendment to NORCOM ORS 190 Agreement to add Keizer Fire District as a party to said agreement. BACKGROUND: An Intergovernmental ("ORS 190") Agreement, previously authorized by the Council on May 8, 1995, created the NORCOM Communications Agency to provide 9-1-1 answering and dispatching services as an independent agency. Pursuant to that agreement, NORCOM became effective on July 1, 1995, encompassing all public safety agencies for which the dispatch center provided services prior to that point. Section XIII of the ORS 190 Agreement outlines a procedure for admission of new or additional parties to the Agreement. Adding Keizer Fire District is the first instance where this procedure would apply. As a practical matter, NORCOM has been providing services to Keizer Fire District since the July 1, 1995 date since it was clearly understood that the collective intent was for that entity to join NORCOM. The 1995-96 NORCOM budget was crafted with Keizer Fire District in mind, as was, to some extent, the formula for allocation of user fees. Immediately after formation, the NORCOM User Board acted to include Keizer Fire District as an additional member agency and the Council action sought at this time represents the City's ratification, as a member agency, of the intent and action already taken by the User Board. Staff recommends approval of this Council Bill. COUNCIL BILL NO. I~ 75 10C RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING NORTH MARION COUNTY COMMUNICATIONS (NORCOM) AND AUTHORIZING THE MAYOR TO SIGN SAID AMt:NDMENT. WHEREAS, the City of Woodburn, pursuant to Resolutions 1278 and 1295, entered into an intergovernmental agreement to establish North Marion County Communications (NORCOM); and WHEREAS, said intergovernmental agreement allows member jurisdictions and member agencies to expand membership in NORCOM by the amendment thereto; and WHEREAS, Keizer Rural Fire Protection District desires to participate in NORCOM and has been acknowledged by the NORCOM User Board as a member agency; and WHEREAS, the City desires to formalize the action taken by the NORCOM User Board by amending said intergovernmental agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn approve the amendment to Intergovernmental Agreement for Communications Services North Marion County Communications (NORCOM). A copy of said amendment is attached hereto and, by this reference, is incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the City of Woodburn. Approved as to for~~ City Attorney /D/!;:/lr;: Date! I Page 1 - COUNCIL BILL NO. RESOLUTION NO. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS NORTH MARION COUNTY COMMUNICATIONS (NORCOM) €~ SERVICES OC . . THIS AMENDMENT to the North Mari on County Communi cati ons Inter- governmental Agreement for Communications Services ("Agreement") is made and entered into pursuant to ORS 190.010 by and among the North Marion County Communications ("Agency") participating jurisdictions and agencies, as i dent i fi ed in the Agreement, and the Kei zer Rural Fi re Protection District (collectively referred to herin as "Member Jurisdictions and Agencies"). WHEREAS, the Member Jurisdictions and Agencies desire to amend the Agreement to provide for expanded membership in the Agency and to provide further changes to facilitate such expanded membership; now therefore in consideration of the mutual promises contained herein, it is agreed as follows: 1) The North Marion County Communications Intergovernmental Agreement for Communications Services is by this reference incorporated herein, and except as expressly modified or amended below, shall remain in full force and effect. 2) Membership in the Agency is hereby expanded to include the Keizer Rural Fire Protection District. 3) Section III - NORCOM USER BOARD, subsection 3, of the Agree- ment is hereby amended by adding the following: "(n) Keizer Rural Fire Protection District" 4) Section VI - P,S.A,P. DESIGNATION, subsection A, of the Agree- ment is hereby amended by adding the following: "Notwithstanding the above, it is understood that the City of Salem, Willamette Valley Communications, is the 9-1-1 public safety answering point for all phone calls originating in the City of Keizer, and further the City of Salem, Willamette Valley Communications shall forward those calls for fire and/or emergency medical services to NORCOM." As per SECTION X1X - COUNTERPARTS, of the Agreement, this Amendment to the Agreement may be signed in counterparts. Each member agency and member jurisdiction shall send one copy of the Amendment to the Agreement signed by its authorized signatory to: Director, NORCOM, 270 Montgomery Street, Woodburn, OR 97071. PAGE 1 - AHHHNDHHNT TO INTHRGOVERNMBNTAL AGREEHHNT 10C MEMBER AGENCIES AND JURISDICTIONS DATE AURORA FIRE DISTRICT: BY: J~~~ TITLE: . '7 -) ;;. - 'I J CITY OF AURORA: BY' ~ TITLE: MA'YtiJ( E q - ;)..D-7 S CITY OF DONALD: BY:\'u~ TITLE: . <3-~-9~ CITY OF GERVAIS: BY: TITLE: HUBBARD FIRE DISTRICT: BY: :t~ ,,~~ TI TLE: c.\r-.:\" '(::. I~ A-v',) 9~ CITY OF HUBBARD: BY:;;;PJ /ft/;5f ~ TIT : {!HI...A':. d6 ..-'2 -z. - ? S- KEI ZER RURAL BY: C. TITLE: 1- J:;2- tJ5 MONITOR FIRE DISTRICT: BY: TITLE: PAGE 2 - AMHNDMHNT TO INTHROOVHRNHRNTAL AGREEMENT . . . WOODBURN FIRE DISTRICT: 10C BY: TITLE: CITY OF WOODBURN: BY: TITLE: ST. PAUL FIRE DISTRICT: BY: ~ _.;(3'!'.' -- ...-j) TITLE: ~ CITY OF ST. PAUL: 1((2(% BY: TITLE: WOODB~BULANCE: ~ BY' . \ - TIiu:_ .~~_~.' . ~.JS /\ ,L 11 '" ( ~ MARION COUNTY SHERIFF'S OFFICE: BY: TITLE: PAGE 3 - AHENDHBNT TO INTHRGOVBRNHHNTAL AGREEMHNT . . City of Woodburn Police Department 100 MEMORANDUM Ken Wri Chief of Woodburn, Oregon 97071 (503) 982-2345 October 5, 1995 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Ord. 1900 Section 3 - Sound Amplification Request Downtown Parking-lot Blockage Applicant: Salvador Larios Date/Time: Sunday, October 15, 1995, 12noon - 6pm The Police Department received the attached request for amplified sound and parking lot blockage. Mr. Larios, owner of Salvador's Bakery, located at First and Hayes Streets is preparing to open his restaurant, Chavita's, located in the building at Front and Garfield Streets. Mr. Larios has arranged for a band to provide music with plans to locate the band near the rear of the restaurant building. In addition, it is his intent to provide free food samples to be dispensed from a food wagon parked near the rear entry of the restaurant in the parking lot. By having the outside food concession and music Mr. Larios would block usage of the South and East comer of the downtown parking lot. I have spoken with Mr. Larios' attorney, Ms. Joann Beck and requested that Mr. Larios conduct immediate neighborhood contacts of those businesses that use the parking lot. The purpose of that ~ntact was to inform the adjoining businesses of Mr. Larios' plans and to solicit their input. To date, I have not received any adverse comments of the proposal. Recommendation: Sound Amplification: As the requested location for the Sound permit is located in a commercial business area, away from residences and the requested hours are of a time that should not interfere with the peace and quiet of any residence, the Police Department recommends that the Sound Amplification permit be approved. Parking lot Blockage: As all businesses adjacent to the parking lot have been notified and none of the affected businesses have provided adverse comments, the Police Department recommends that the parking lot blockage for the date and times be authorized. NOTE: Council approval of the above requests should be conditional on applicant obtainioe: all reauired pennits. payment of anpropriate fees and obtainine: Occupancy Pennit prior to the requested October 16. 1995 date. . 'M . . 10D JOANN K. BECK ATTORNEY AT LAW 1359 N. PACIFIC HWY - BUILDING B, SUITE 206 v"QODBURN, OR 97071 TELEPHONE: (503) 981-3282 FAX: (503) 981-3n5 September 7, 1995 Mr. Chris Childs, Administrator City of Woodburn 270 Montgomery Woodburn, OR 97071 Re: Chavita's Restaurant Dear Mr. Childs: I am writing on behalf of my client, Salvador Larios, to request permission from the City of Woodburn for the necessary permits to allow the grand opening celebration of his new restaurant located on the comer of Front and Garfield Streets. The grand opening is planned for Sunday, October 15, 1995, between the hours of 12 o'clock noon and 6:00 p.m. Mr. Larios has arranged for a band to provide music and plans to locate the band next to the restaurant building at the rear. In addition, it is his intent to provide free food samples to be dispensed from a food wagon to be parked near the rear entry of the restaurant in the parking lot. It is not his intent to block off the entry or exit of the public parking lot, but requests permission to use a portion of the public lot during the grand opening celebration as outlined above. Of course, it is difficult to determine how many people will attend the opening as it will be open to the public. No alcohol will be dispensed during the grand opening celebration. It is my understanding that Mr. Larios will require a sound amplification permit as well as permission to use a portion of the parking lot. Would you please begin the process to allow him to seek the required permit(s) as soon as possible. If additional information is needed, please contact the undersigned. It is Mr. Larios' desire to cooperate fully with the City to obtain the necessary permits and permission requested. Yours truly, ~ K,~~ JOANN K. BECK cc: Salvador Larios 100 JOANN K. BECK ATTORNEY AT LAW 1359 N. PACIFIC HWY - BUILDING B, SUITE 206 WOODBURN, OR 97071 TELEPHONE: (503) 981-3282 FAX: (503) 981-3n5 September 20, 1995 HAND DELIVERED Ken Wright Chief of Police City of Woodburn City Hall Woodburn, OR 97071 Re: Chavita' s Restaurant Dear Ken: Enclosed is a listing of the contacts made by Salvador Larios in regard to the grand opening celebration of his new restaurant planned for Sunday, October 15, 1995, You will note that everyone he spoke to has signed their approval. He was unable to contact Rogelio Medina as LaLinda' s was not open and had a sign on the door "closed for remodeling. " Unless I hear otherwise from you, I will assume that his contacts are satisfactory. If not, let me know. If it is absolutely necessary that he talk with Mr. Medina, we would need to know how to reach him. Yours truly, .~ D ~k!.. =L JOANN K. BECK Enclosure . . l' . 100 PEOPLE TO CONTACT REGARDING GRAND OPENING CELEBRATION Rogelio Medina - LaLinda's (~1:rJ ~ - ~f- ~) Orrin Grover, Atty. ~~~ ~ Woodburn Radiator and Glass ~~. . Oregon Legal Services ~ ~'-" [~ Elks ~A~~ (~J H~ Sch~Ol ~~/idlmdll M r)i ~ MexICO Lmdo /fY.I/# ~ 10E MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator tnt SUBJ.: OSU Joint Venture I Archaeological Site Testing DATE: October 5, 1995 RECOMMENDATION: Authorize staff to participate, within certain budgetary limitations, in joint venture "Phase I" archaeological testing and Phase II planning with Oregon State University/CSFA, BACKGROUND: As the Mayor and most Councilors are aware, a potentially significant sampling of Ice Age animal remains was unearthed in 1987 during construction of a sewer line along Mill Creek. These bones and fragments have since been on display in a glass case outside the Public Works office. During the subsequent eight years, the potential that the site presents has been evaluated and discussed by the scientific community in the Willamette Valley, including periodic contacts with the City to remind us of the ongoing interest in the site. Most recently, Robson Bonnichsen, Professor of Anthropology at OSU met with several City staff members and followed up with a detailed proposal letter to me. Essentially, the Center for the Study of the First Americans (CSFA) at Oregon State University is interested in forming a collaborative arrangement with the City of Woodburn to initiate a "joint venture" to methodically develop the Woodburn site. Possible "byproducts" of the project include potential for significant scientific research, educational opportunities and tourism. The CSFA proposal appears to be very logically divided into four distinct phases which will facilitate "step by step" progress based on the archaeological significance of the site as well as budgetary considerations. The phases are summarized as follows: Phase 1: (est. to occur Oct./Nov. 1995) Core sampling/carbon dating tests/ develop work plan and budget for Phase 2. Phase 2: (est. 1996) Controlled test excavation/develop work plan and budget for Phase 3, Phase 3: (est. 5 year time frame) Full-scale excavation of site. ,- , . 10E Page 2 - Staff ReportlOSU Joint Venture (10/5/95) Phase 4: (undetermined time frame) Development of permanent exhibit facility (if warranted). For Phase 1, CSFA will provide all necessary technical expertise, test analyses and related services. They are asking the City to cover the costs of the core drilling (estimated by City at a maximum of $7,500) and the carbon dating (estimated by CSFA at a maximum of approx. $1,200). Prof. Bonnichsen has indicated that CSFA may be able to share in the costs of the carbon dating. Staff believes that up to $5,000 in existing budgetary appropriations (City funds) can be justified toward the costs of the core drilling, with CSFA or some other source absorbing any cost above that amount. The recommendation at the beginning of this staff report is based on the preceding limitation. The timing of Phase 1 is excellent in terms of developing a work plan and budget for Phase 2, such that, if necessary, funds for Phase 2 can be specifically identified and planned for in our 1996-97 budget. If such costs appear to be beyond the City's means, other participants can be located or the project put on "hold". As the project moves into its second, third and fourth phases, it is likely that the Woodburn School District may want to become an active participant in this joint venture project. School district officials have already been contacted and have expressed support for the Phase 1 testing. The school district is the principal landowner in the general site area and the educational potential mentioned previously makes this project an attractive prospect for the schools. OSU officials have suggested that such an alliance would be a natural "match" because Woodburn Schools are already a participating location in OSU's Science & Math Integrated Learning Education (SMILE) program. cc: Robson Bonnichsen, OSU/CSFA Paul Shaffer, WHS Principal . . > . .' 14A MEMO TO: Mayor and City Council through City Administrator FROM: Planning Commission ~ LG. SUBJECT: Homestead Acres, Planned Unit Development and Conditional Use 95-03 DATE: October 4, 1995 At their hearing of September 28, 1995 the Planning Commission approved, with conditions, a 24 lot single family Planned Unit Development. An overview of the development is attached with accompanying location and design plan. . .- 14A STAFF REPORT HOMESTEAD ACRES PLANNED UNIT DEVELOPMENT 95-01 CONDITIONAL USE 95-03 VARIANCE 95-12 I. APPLICANT: Richard Siewert 8759 SW Citizens Drive Wilsonville, OR 97070 II. NATURE OF THE APPLICATION: The applicant is requesting design review approval of 24 single family lots on approximately 5.71 acres. III. RELEVANT FACTS: The proposed development is located south of Elana Way along Boones Ferry Road and the Southern Pacific Railroad. The property can be identified as tax lot 1500 5S, 1 W, Section 18C The subject property is zoned single family residential. The purpose for a PUD is to provide a means for the comprehensive development of land with more latitude in design and site development to provide innovative and aesthetically pleasing housing opportunities. The procedures have been established to promote flexibility in the design and location of structures, recreational areas, open spaces, streets, utilities, and parking areas; to promote the efficient use of land and energy, to more efficiently utilize special features of geography, topography, size and shape of parcels, and natural vegetation; and to provide reasonable assurance of City approval prior to the completion of detailed construction plans. Background and history: In July 1995, the Planning Commission recommended approval to the City Council to annex the subject property. The Council has since approved the annexation. In addition, the Commission gave conceptual approval of the planned unit development that is before the Commission now. The applicant originally submitted a standard subdivision which included a long dead end cui de sac. The subdivision design was adequate but failed to comply 14A Mayor and City Council through City Administrator October 4, 1995 page 2 with some of the Comprehensive Plan Policies. The design was not a good use of the land. The Department of Land Conservation and Development made it known to the applicant via planning staff that some design assistance that is available to property owners who have special design constraints. In this case the railroad, school property, the existence of an established subdivision and an existing historic house all lend themselves to the special circumstances of this property. Two ways of processing this application were available to the owner. The first was to submit the site plan and request subdivision approval with MANY VARIANCE REQUEST for such things as setbacks, lot coverage, lot size, etc. The alternative suggested by staff was to request PUD approval and request two variances, one for the homeowners association and one for the open space requirement. The type of application gave the design team the flexibility that was needed in order to make the best use of the land. --" RM --'I '8 I ; '., // ~."' I, mEEl I. .~ I L I .. ../ =- (l . - , 1- - f::/ /:::f:l-' n:7T~ f- - I. f- - ___ ~f-- /::1 L~ It '- i- - -, -- '- f-- l- I - - -<""-j - - ...,. I-- --< - ~ I - - I-- --< - t - - - -- ~ ,.- I - - .. - - - - I - - - I - - - - - .....T'"= - "'- - - "' .- - ,<> - - ,. - - I~ = - - , - - ~pp - \., - - I f- - f- i- I If- I-~ - - I ~ - f- L-L- - l- I; - I-... I. _ - 1 I I I '! - - I - - - - I - I I I I 1 I I II , 11 I I - ! 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',-. .. .. } ~ !. . .I r ~, .. ill ~ ~ : .. .. .. , :II .. .. .. ~ i 'S I II I I i I I J 0) . , i g . . I; ~ U" OJ - , ., . OJ ., . ., - > .' r Sl :J: "12 -lOr- :niC> -'llm~ ~..dnm -i'iilo .>c: zoz >=l 00 :Um m< (12m 6 "12 3: m z ... i I I ~ ~., n ~ f1i;= i i ~ 1 ~ I ~ 14A 15A MEMO TO: FROM: Community Development Director Bob Arzoian, Building Inspector K...f SUBJECT: Building Activity for SEPTEMBER 1995 October 3, 1995 DATE: SEPTEMBER 1993 SEPTEMBER 1994 SEPTEMBER 1995 ~ Dollars No. Dollars No. DolJars New Residence Value 5 $ 562.073 0 $ 0 6 $ 849.636 Multi Family 0 0 0 0 0 0 Residential Adds & AIls 8 49.925 10 67.500 11 109.490 Industrial 1 3.000 0 0 2 137.000 Commercial Value 5 112.500 3 40 1. ()()() 3 2.502.276 Signs. Fences. Driveways 3 8.400 8 22.300 3 5,450 Mobile Homes 4 202.000 1 34.500 5 226.045 TOTAL 26 $ 937,898 22 552,300 30 $3.829.897 July 1 - June 30 Fiscal Year-to-Date S 7.009.856 $2.712.938 $7.937.504 Robert Arzoian Building Official RA:bw IIdActOUI6 '. 158 MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator Vftvt SUBJ.: League of Cities Conference I Nov. 1 0-1 2. 1995 DATE: October 5, 1995 Each of you should have received in the mail the official brochure/application form for the 70th annual League of Oregon Cities Conference to be held in Eugene November 10th through 12th. The conference is geared toward mayors, councilors and key city staff members and features a variety of sessions and topics of interest to city officials. Funds are included in the Mayor/Council budget for Councilors interested in attending all or part of the conference. Anyone interested in attending should thoroughly review the brochure and contact me about attendance so that we can properly coordinate registrations, lodging, etc. Please bring the application form portion of the brochure with you. All arrangements need to be made no later than Fridav. October 27. 1995.