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Agenda - 07/10/1995 CITY OF WOODBURN 270 MONTGOMERY STREET * ** ° WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL JULY 10, 1995 - 7:00 P.M. A. Council minutes of June 26, 1995 regular and executive meeting. B. Planning Commission minutes of June 22, 1995. APPOINTMENTS: A. C. Bakken, to the Woodburn Cable Television Advisory Board to a term expiring December 31, 1995. 3A 3B ANNOUNCEMENTS: JULY 19, 1995 AT 7:00 P.M. Joint informational workshop: Cable Television Advisory Board and Woodburn Cable Access TV (WCAT) at James Street Fire Station. JULY 20, 1995 AT NOON. Woodburn Transportation TaSk Force meeting Woodburn Public Library - JULY 24, 1995 AT 7:00 p.m. Public Hearing before the City Council: Appeal of Planning Commission action on SPR 95-10, LaPointe Texaco, at Woodburn City Hall. PROCLAMATIONS A. Chamber of Commerce B. Other Committees (This allows public to Introduce items for Council consideration not already scheduled on the agenda.) ~ NO PUBLIC HEARINGS WERE SCHEDULED ON THIS DATE. Page I - Council Agenda, July 10, 1995 Se A. Council Bill No. 1646 - Ordinance amending the Woodburn Comprehensive Plan Map and changing the zoning designation on four parcel of property located between Hardcastle and Mill street between Corby and Front Streets. (Woodburn Fertilizer) 10A o B. Council Bill No. 1647 - Resolution approving final draft of the Wastewater Facilities Plan. 10B Council Bill No. 1648 - Resolution entering into an agreement with the city of Salem for use of the Salem Senior by the RSVP program, 10C D. Insurance coverage recommendations for fiscal year 1995-96. 10D E. Contract award: Library parking lot. IOE F. Tentative agreement pertaining to Rugged Manufacturing property 10F at 192 Young. 14. _ :..'...._'_,..~..~ A, Subdivision 94-04 - Six lot subdivision on "A" Street, A, Donation from French Prairie KiWanis to Woodburn Public Library, B. Revocation of Business Registration, C, City Hall HVAC system update. D. Transportation Task Force update, E, Building Activity Report for the month of June 1995, 16. - :' =.,.'....." ~.' ; · '"..<. 14A 15A 15B 15C 15D Page 2 - Council Agenda, July 10, 1995 3A TAPE READING 0001 0003 00~3 0034 OO5O 0062 COUNCIL MEETING MINUTES June 26, 1995 DATE. COUNCIL CHAMBERS, CITY HALLt CITY OF WOODBURNt COUNTY OF MARION, STATE OF ORE~ON, JUNE 26, 1995. CONVENED. The Council met in regular session at 7:00 p.m. withMayor Kirksey presiding. ROLL Mayor' Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Park Director Holly, Library Director Sprauer, 9-1-1 Communications Manager Wolf, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY .... approve the Council regular and executive session minutes of June 12, 1995; and accept the Planning Commission minutes of June 8, 1995. The motion passed unanimously. Administrator Childs requested that the Council designate a representative to the NORCOM Board and this item be included under General Business item 10(H). It was the consensus of the Council that this item be added to the agenda. ~uWNOUN~(~NT~. The Woodburn Transportation Task Force will hold a Open House on Thursday, June 29th, 4:00 pm to 8:00 pm at the PGE Building. Mayor Kirksey reminded the public of the following July 4th activities in Woodburn: the Chuckwagon Breakfast (6:00 am to 11:00 am), Old Fashioned city Picnic (12:00 noon to 6:00 pm), Pre-Fireworks Show and entertainment (6:00 pm to 10:00 pm), and Fireworks Display (10:00 pm). WOODBURN CONEB~CK C~MPAIGN REPORT. Councilor Figley stated that volunteers are still needed for the July 4th celebration to be held at the High School athletic field. She encouraged interested persons to call Page i - Council Meeting Minutes, June 26, 1995 3A TAPE READING 0173 0283 0310 0331 COUNCIL MEETING MINUTES June 26, 1995 City Hall and/or attend the Comeback Campaign's meeting on Tuesday, June 27th, 6:00 p.m., at City Hall. Councilor Jennings also advised the public that plans are being made for a VJ Day Program on August 12th in honor of the 50year end of World War II. He stated that more information on this program will be made available in July. PUBLIC ~ING - 1994-95 SUPPLEMENTAL BUDGET. Mayor KirkSey declared the public hearing open at 7:08 p.m.. Administrator Childs stated that the purpose of the proposed supplemental budget is to properly reflect unforeseen appropriations to be spent during fiscal year 1994-95. He outlined the budgetary revenues and appropriations being proposed in the Library Fund, Cable TV Franchise Fund, and City Hall Construction Fund. No one in the audience spoke either for or against the proposed 1994-95 supplemental budget. Mayor Kirksey declared the hearing closed at 7:13 p.m.. COUNCIL BILL 1641 - ORDI1TANCE ~DOPTING A SUPPLEMENTAL BUDGET FOR FIBCAL ~EAR 1994-95. Council Bill 1641 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1641 duly passed with the emergency clause. COUNCIL BILL 1642 - RESOLUTION aUTHORIZING TRANSFER OF OPERATING CONTINGENCY aPpROPRIaTIONS DURING FISCAL YF2%R 1994- 95. Council Bill 1642 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, Council Bill 1642 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1643 - RESOLUTION AUTHORIZING TRANSFER OF aPPROPRIaTIONS ~ITHIN a FUND DURING FIBCaL YF~/t 1994-95. Councilor.Hagenauer introduced Council Bill 1643. Recorder Tennant read the bill in full since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1643 duly passed. Page 2 - Council Meeting Minutes, June 26, 1995 3A COUNCIL MEETING MINUTES June 26, 1995 TAPE READING 0353 COUNCIL BIlL 1644 - ORDINANCE ADOPTING A BUDGET FOR FISCAL YE]iR 1995-96m MAKING ~DPROPRIATIONS, ]%ND LEVYING TAXES, Council Bill 1644 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1644 duly passed with the emergency clause. 0384 COUNCIL BILL 1645 - RNSOLUTION AUTHORIZING CONTRACTUAL SERVICES AGREemeNT WITH N. ROBERT SHIELDS. CITY ATTORNEY. Council Bill 1645 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Administrator Childs stated that there was an error in the main text of the agreement, Section 4, and that the correct rate per hour is $50.00. Additionally, a memo was included in the packet from Attorney Shields declaring a conflict of interest on this issue. Councilor Jennings stated that future budgets should consider paying the.City Attorney at a similar hourly rate as that paid to our Judge and Labor Consultant. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1645 duly passed. 0454 ACCEPTANCE OF PUBLIC'RIGHT-OF-FAY - BROWN STREET. Staff recommended the acceptance of a right-of-way easements for roadway purposes from Nancy Bocchi and Fay Zimmer which is being conveyed to the City in conjunction with the Steklov Subdivision (developer Pete Cam). JENNINGS/FIGLEY... accept the two easements from Nancy Bocchi and Fay Zimmer as recommended. The motion passed unanimously. 046~ REQUEST FOR STB_~T CLOSURE AND USE OF SOUND ]~(PLIFICATION EQUIPmeNT FOR NORTH SIXTH STREET JULY 4TH BLOCK PARTY. Residents in the North Sixth Street area requested a street closure in the vicinity of High and Fir streets and the use of sound amplification equipment for a 4th of July Block Party. Police Chief Wright recommended the approval of the partial street closure and the use of sound amplification equipment for this event. JENNINGS/PUGH... approve the recommendation of Chief Wright with the proviso that the sound amplification begin no earlier than 10:00 am and end by 9:00 pm. The motion passed unanimously. 0483 DESIGNATION OF NORCOM (9-1-1) BOARD MEMBER. Administrator Childs stated that the City needs to appoint a Councilor and staff member to the Board. Page 3 - Council Meeting Minutes, June 26, 1995 COUNCIL MEETING MINUTES June 26, 1995 TAPE READING HAGENAUER/JENNINGS .... recommend the appointment of Councilor Jennings to the NORCOM Board. The motion passed unanimously. JENNINGS/FIGLEY .... appoint Administrator Childs or his designee to also serve on the NORCOM Board. Following a brief discussion on who would be appointed as designee, Administrator Childs stated that he wanted to have some flexibility on the designee issue but it would most probably be Chief Wright. The motion passed unanimously. 0555 ~L~TMS FOR THE MONTH OF NAY 1995. SIFUENTEZ/FIGLEY .... approve voucher checks ~27241 - ~27632 issued during the month of May 1995. The motion passed unanimously. O57O Preston Tack, 2197 Camilla Way, and Gilbert Flaugher, 1352 Astor Way, presented a letter to the Council regarding future consultant fees for preparation of plan documents relating to the new Wastewater Facility. Mr. Tack stated that, as members of the Wastewater Advisory Committee, they are well aware of the amount of time and money spent as of this date to prepare the Wastewater Facilities Plan and they strongly feel that a competitive bidding process should occur to obtain firm price proposals in the preparation of bid documents for the construction of a new facility. Mayor Kirksey expressed her gratitude to Mr. Tack and Mr. Flaugher for their research and overall work while on this committee. Councilor Jennings stated that staff will review the contents of their letter and report back to the Council at a later date. O8OO SITE pLAN REVIEW ~95-11 -- WOODBURN pUBLIC LIBRARy PARKING LOT. The site plan was included in the agenda packet for Council review. No comments were made by the Council on this issue. 0810 BT~FF REPORTB. A) OGA Well Development -- Director Tiwari stated that the Oregon Golf Association (OGA) is proposing to drill a well on their property located outside of the city limits for irrigation purposes. The proposed irrigation well would Be drilled through to the 3rd aquifer strata which is in the same strata as the City's water supply. He explained the different levels of strata and the need to eliminate the risk factor of contaminating the City's water supply since the City does not currently pre-treat its water. Currently, the City has. a long-term goal in place which involves abandonment of water wells within the city limits to help protect our water supply. Permits for wells are issued by the State and the State has Page 4 - Council Meeting Minutes, June 26, 1995 TAPE READING 1422 1451 COUNCIL MEETING MINUTES June 26, 1995 legal authority on water issues. He stated that the OGA golf course is an asset to the community, however, he strongly feels that there is sufficient water supply within the 1st aquifer strata to meet the irrigation needs of the golf course without drilling down to the 3rd aquifer. Councilor Jennings expressed his opinion that water contamination is not that likely and since the well is being drilled within the County, the City should not be so concerned over the issue. He cited the possibility of farmers within the County surrounding the Woodburn area who also may have drilled to the 3rd aquifer in the past. Councilor Pugh referred to the letter from OGA Attorney David Weiner to the city and he felt that the OGA and City should come to some agreement on this issue since both have some responsibilities to work toward the common good of the community. Mayor Kirksey questioned if the City would have any legal rights to maintain its water supply for its residents if OGA does drill through to the 3rd aquifer strata and their well ultimately becomes a source of contamination. Director Tiwari reiterated that there is plenty of water of available and, in time of a drought, the community would have priority for water over the golf course. He is not implying that OGA would pollute the water source but risk increases as the drill goes through each aquifer level. Administrator Childs stated that the staff is not suggesting that anyone is in a position to contaminate the water source and there is little risk to the consumer. The staff's major concern relates to the potential multi-million dollar source of water treatment alternatives that would become necessary if the water eventually becomes contaminated. B) city Hall HVAC System Replacement Update -- Public Works Manager Rohman advised the Council that no firm start date has been set. The contractor is working with the roof repair contractor to set a specific date since the roof repair needs to be done in concert with the replacement of the HVAC units. C) Liability/Property Insurance for Fiscal Year 1995-96 -- Insurance quotes from four companies have been received and, after a review of those quotes, it has been determined that the liability and auto physical damage insurance coverage will be renewed with City/County Insurance Services (CIS) who had submitted the lowest quote for this insurance. In regards to property insurance, the quotes contained different levels and deductibles for earthquake insurance which is now a mandate as part of our propertycoverage after receiving FEMAmonies from the 1993 earthquake. Staff will make a recommendation On which company to contract with at the next regular meeting. Page 5 - Council Meeting Minutes, June 26, 1995 TAPE READING 1500 1585 3A COUNCIL MEETING MINUTES June 26, 1995 ADMINIBTRATOR'S REPORT. Administrator Childs stated that the city's annual Equipment/Surplus auction was held on Saturday, June 24th. He commended the Police Department, in particular part-time evidence clerk Ms. Timmons, on having the items well-packaged and well-marked for sale to the public. Healso distributed copies of a Police Department press release to the Council regarding the recent conclusion of an undercover drug investigation at La Linda's, 293 N. Front Street, on Saturday, June 24th. Councilor Chadwick stated that. several streets within the Senior Estates are showing signs of weeds growing through the cracks. She suggested that something be done about this problem now to stop the deterioration of the street. Mayor Kirksey also encouraged the citizens and businessmen within the community to help with this situation even it is to contact the Public Works department to find out what they can do to keep the weeds down. Councilor Pugh stated that improvements need to be made at Burlingham Park and he requested staff to follow-up on the suggestions made earlier by residents who live in the area. Councilor Figley stated that she hoped to see a large turnout at the July 4th celebration. Councilor Jennings stated that he would like to tour the new swimming pool facility. In regards to LaLinda's, he questioned if the city could revoke their business license based on the recent outcome of the drug investigation. Administrator Childs stated that staff will need to research that question and report back to the Council. Councilor Hagenauer stated that the lot on Hardcastle continues to have high grass which is a reoccurring problem involving this absentee landowner. Community Development Director Goeckritz stated that he will have the Code Enforcement officer check out this property later this week. Councilor Sifuentez questioned the opening date for the new aquatic center. Park Director Holly stated that they hope to open the facility by September 1st. A Pool Manager has been hired and will begin work on July. 10th. The new manager currently works in California and hasbeen involved in year-round pool operations for approximately 20 years. She was raised in the Salem area and her mother still resides in Salem. Page 6 - Council Meeting Minutes, June 26, 1995 3A TAPE READING 2175 2183 COUNCIL MEETING MINUTES June 26, 1995 Mayor Kirksey stated that consideration should be given to assessing fines to property owners who do not remove graffiti in a timely manner and/or revoking their business license. She also stated that concerns have been raised regarding transient businesses and further research needs to be done on this issue. She advised the Council that she will be giving Code Enforcement another list of locations where graffiti has been placed on property for an extended period of time. Additionally, she expressed her opinion that tenants should be made responsible for absentee landlords. Councilor Chadwick questioned what the law is regarding how late people can play loud music outside and what can the neighbors do about it. Chief Wright stated that it is generally around 7:00 p.m., however, it can be anytime when adjoining residents are offended. The resident(s) must sign the complaint and the Police Officers are a tool the resident(s) can use to initiate the.complaint process and assist in the prosecution of the complaint. In regards to a barking dog complaint, the resident offended by the barking dog must also be the complainant and, as with noise complaints, the officer will issue the citation and assist in the prosecution of the complaint. Mayor Kirksey stated that she had recently assisted the Police Department by getting the license number of a large truck that had parked in a lane of traffic on Highway 99E in order to go into the 7-11 Store. The trucking firm will get a parking citation mailed to them. She encouraged residents to get involved. ~xBcvTIV~ SESSION. JENNINGS/FIGLEY .... adjourn to executive session under the authority of ORS 192.660(1)(H) to consult with legal counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The meeting adjourned to executive session at 8:11 p.m. and reconvened at 8:50 p.m.. No action was taken by the Council following the executive session. Mayor Kirksey reminded the Council that there is a vacancy on the Cable TV Advisory Board and she enlisted their assistance in trying to find an individual for this position to be appointed at the July 10th meeting. Page 7 - Council Meeting Minutes, June 26, 1995 COUNCIL MEETING MINUTES June 26, 1995 TAPE READING 2219 ADJOURNMENT. JENNINGS/FIGLEY .... adjourn the meeting. unanimously. The meeting adjourned at 8:53 p.m.. The motion passed 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City. of Woodburn, Oregon Page 8 - Council Meeting Minutes, June 26, 1995 Executive Session COUNCIL MEETING MINUTES June 26, 1995 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 26, 1995. CONVENED. The Council met in executive session at 8:15 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Scott Spence, City Recorder Tennant Press: Shelby Case, Woodburn Independent The executive session was held under the authority of ORS 192.660(1)(h) to consult with counsel Concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. Attorney Shields and Administrator Childs provided the Council with updates on the following legal issues: 1) Mar-Dene Corp. v. City of Woodburn 2) City of Woodburn v. Salud Medical Center, Inc. 3) threatened litigation by North Willamette Telecom, Inc. ADJOURNMENT. The executive session adjourned at 8:46 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, June 26, 1995 3R MINUTES WOODBURN PLANNING COMMISSION JUNE 22 1995 1) 2) 3) 4) 5) 6) ROLL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Warzynski Present Mrs. Bjelland Present Mrs. Henkes Absent Mrs. Schultz Present Mrs. Davis Absent Mr. Atkinson Absent Mr. Palmer Present Mr. Will Present Mr. Frawley Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The Planning Commission minutes of the May 25, 1995 meeting were accepted as printed. The Planning Commission minutes of June 8, 1995 were accepted as printed. INTRODUCTION OF NEW PLANNING COMMISSION MEMBERS: Commissioner Bjelland and Chairperson Warzynski welcomed the new Commissioners. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None PUBLIC HEARING: A. Subdivision 94-04 - J. McCaulley Staff read the statement necessary to open the public hearing. The nature of the application is approval of a six lot subdivision. Staff read the Approval 3B Criteria, the Raise it or Waive it Rule and the Right to Have the Record Remain Open. Staff stated that the applicant is proposing to create six lots which puts the property into the category of a subdivision. There are existing homes that are around these parcels. These lots will be served by private driveways. These lots exceed the minimum of 6,000 sq. ft. Commissioner Schultz asked if this land had already been annexed into the city. Staff answered yes. Staff further stated that this area is currently unimproved. This proposal will be a plus for this area with the street improvements being made and the infrastructure being laid. Chairperson Warzynski asked if that portion of Payne Street would be built at Public Works engineering standards. Staff answered yes. The developer is responsible for extending Payne Street to the end of their subdivision. Payne Street will eventually be improved all the way to Brown Street as development occurs. Commissioner Will asked if this would include sidewalks when the street is improved and if "A" Street would be extended all the way down to Bradley? Staff answered yes. There was some further discussion regarding the driveway accesses to these lots. Commissioner Frawley asked if these homes would be stick built or manufactured homes? Staff answered that under the law the developer has the opportunity to chose what type of housing he wishes to build. The applicant, J. McCaulley, 1555 N. Jansen St., Portland, OR 97217. He stated that they have anticipated building stick built homes. They felt that stick built homes would look best in the neighborhood. Chairperson Warzynski asked if there were any questions from the Commission for the applicant. There were none. There was no one in the audience to PCM6-?.2.95 SG:bw 2 7) speak for or against this project. She closed the public hearing. Commissioner Palmer stated that he felt that this would be a good addition to the area. Commissioner Bjelland felt that this would be a nice improvement to the area. Commissioner Palmer made the motion to approve Subdivision 94-04 with the conditions outlined in the staff report. Commissioner Will seconded the motion. A vote was taken and the motion passed. J. McCaulley told the Commission that he wished to thank Teresa. He stated he had processed many landuse applications in the US and in Europe and he found Teresa to be the most professional competent planner he had dealt with. REPORTS: A. Site Plan Review//95-11 Library Parking Lot Staff stated that administrative approval was given for the parking lot for the library. It will increase the amount of parking around city hall and the library. Staff needed only acknowledgement from the Commission. Commissioner Palmer asked if this parking was for employees or patrons. Staff answered both. Commissioner Will asked if 50 spaces were required and only 20 were being provided, if someone else were to build a building somewhere else could this same criteria apply that they build another parking lot. Staff answered that the existing parking around city hall and the library would be counted in that number of required spaces. Chairperson Warzynski asked if there was a bike stand. Staff answered that part of the Transportation Rule requires bike parking and the city complies with this rule. B. Bicycles: 3B ~'CM;-Z2.SS 3 ,SG:bw 3B 8) 9) Staff has put in a request to the Police Department for the usage of one of their bikes until the Planning Department can afford to buy a bike for usage by city staff who will be utilizing the bike for site visitation, planning errands, such as post office, newspaper office, printing shops, office supply store, public notice posting and various other activities. C. Workshop - Draft Transportation Plan This workshop will be held on June 29, 1995 at City Hall. Staff wants the Commission to feel comfortable when going over this material. The Planning COmmission will be making a recommendation to the City Council regarding this plan in the near future. D. Building Activity - May, 1995 E. Code Enforcement Activity - May, 199§ F. Name/Address of all Planning Commission members Staff stated that a ethics information packet for Planning Commission members use will be given out at a future meeting. The new members and anyone else who wishes to go will be sent to the next Planning Commission training seminar. BUSINESS FROM THE COMMISSION: None ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM6-22.95 SG:bw 4 10A COUNCIL BILL NO. 1646 ORDINANCE NO. AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP AND CHANGING THE ZONING DESIGNATION ON FOUR PARCELS OF PROPERTY LOCATED BETWEEN HARDCASTLE AVENUE AND MILL STREET BETWEEN CORBY STREET AND FRONT STREET 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 Planning Commission has previously considered various land use decisions involving the parcels described herein; and WHEREAS, the land use decisions involving a Site Plan Review and two variance requests were not appealed to the City Council under Section 11.050(b) and 13.120(a), respectively, of the Woodburn Zoning Ordinance; and WHEREAS, The City Council did not "call up" the Site Plan Review or Variance requests pursuant to Sections 11.050 and 13.070, respectively, of the Woodburn Zoning Ordinance; and WHEREAS, The City Council, after a public hearing, must now take action on the application regarding the recommendation of the Planning Commission on the land use decisions involving a Woodburn Comprehensive Plan Map Amendment and a change in the zoning designation; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Parcel I of the subject property is described as follows: Tax Lot 2300, Map 6-1 WO7DD Section 2. As to Parcel 1, the Woodburn Comprehensive Plan Map is hereby amended from Residential Less Than 12 Units Per Acre to Industrial. Section 3. As to Parcel 1, the Woodburn Zoning Map is hereby amended from Residential Single Family (RS) to Light Industrial (IL). Page I - COUNCIL BILL NO. 1646 ORDINANCE NO. IOA Section 4. Parcel 2 of the subject property is described as follows: Tax Lot 2200, Map 5-1 WO7DD Section 5. As to Parcel 2, the Woodburn Comprehensive Plan Map is hereby amended from Residential Less Than 12 Units Per Acre to Industrial. Section 6. As to Parcel 2, the Woodburn Zoning Map is hereby amended from Residential Single Family (RS) to Light Industrial (IL). Section 7. Parcel 3 of the subject property is described as follows: Tax Lot 10300, Map 5-1 WO7DD Section 8. As to Parcel 3, the Woodburn Comprehensive Plan Map is hereby amended from Residential Greater Than 12 Units Per Acre to Industrial. Section 9. As to Parcel 3, the Woodburn Zoning Map is hereby amended from Residential Single Family (RS) to Light Industrial (IL). Section 10. Parcel 4 of the subject property is described as follows: Tax Lot 10700, Map 5-1 WO7DC Section 11. As to Parcel 4, the Woodburn Comprehensive Plan Map is hereby amended from Residential Greater Than 12 Units Per Acre to Industrial. Section 12. As to Parcel 4, the Woodburn Zoning Map is hereby amended from Residential Single Family (RS) to Light Industrial (IL). Section 13. That the amendments to the Woodburn Comprehensive Plan Map and Woodburn Zoning Map on Parcels 1, 2, 3, and 4, as described above, are based upon the Findings attached hereto as Exhibit "A" and incorporated herein. Section 14. That approval of the application on the subject property is conditioned upon the applicant meeting all conditions on the Site Plan Review and Variance applications previously approved by the Planning Commission. Section 15. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this Page 2 - COUNCIL BILL NO. 1646 ORDINANCE NO. IOA ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATI'EST' Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page 3- COUNCIL BILL NO. 1646 ORDINANCE NO. 10A FINDINGS Council Bill No. 1646 Exhibit "A", Page 1 of 11 Compliance with Goals, Policies and Elements of the Comprehensive Plan: Sections 1 and 2 of Chapter Xlll of the Woodburn Comprehensive Plan require that any change comply with goals, policies and various elements of the comprehensive plan that are applicable to the quasi-judicial application. This criteria encompasses Sections 1 and 2 of Article Xiii and because of the similarities in issues, will be dealt with under one heading. 113dustrial Land Use Policies - Comprehensive Plan Article IX, Section C relates to industrial land use policies in the City. Several of these policies are directly applicable to this application. Policy C-1 provides that the City will maintain a sufficiently large enough industrial land base to provide for industrial growth in the City to accommodate the residential growth expected. Policy C-2 provides that industrial land should be located near areas where there is easy access to major transportation routes. Policy C-3 recognizes that industrial land needs good flat areas that are free from flooding dangers. As indicated in the inventory of available industrial land, the City is essentially out of vacant available industrial lands. While there are a few small sized isolated tracts scattered throughout the City, there is only a single large tract remaining for which an industry the size of Woodburn Fertilizer could consider. That parcel (Davidson Farms) is committed historically to a campus type industrial park. The addition of this industrial land is adjacent to existing industrial lands, and (for the most part) is owned by Woodburn Fertilizer. While this application does not involve a large land area (the total land mass of the 4 parcels which is being changed by this application is approximately 1 acre) it does allow Woodburn Fertilizer to grow and expand. See Attachment I. The growth can take place at their current location without the huge expense of relocation, and without disturbing the composition and mix of the area· The applicant's have existed in this area for generations without significant impact on the area, and this application will allow that situation to continue. Woodburn Fertilizer is located adjacent to the railroad tracks, and at the corner of Front and Hardcastle which provides transportation access. Such access is imPortant for an industry that supplies and services local 1-A 2) 2-A 3) IOA Council Bill No. 1646 Exhibit "A", Page 2 of 11 well as easy access to the seed cleaner and warehouse are important to this business and the customers it serves. Few if any other locations in the city combine the rail and truck traffic accessibility that the current sit provides. A large section of Parcel No. 2 is steep leading down to the swale located to the north of the parcel. This area can not be used for industrial purposes because of the terrain and the flooding that occurs in the swale. Therefore, even the industrial based land currently designated for Woodburn Fertilizer is not all useable. By allowing this application, expansion can take place on contiguous lands to replace the industrial land that is lost to natural features. Conclusion: The applicant's request complies with the Industrial Land Goal and Policies relating to industrial lands. Housinq Goals and P01icie8 - This section of the plan describes the need for the City of Woodburn to provide enough inventory of land to meet current and projected housing needs through the year 2008. Fortunately, the comprehensive plan had the foresight to include an abundance of residential lands in the plan inventory to accommodate such minor and technical changes as are involved here. At page 32 of the WCP, it is noted that~there exist 837 acres of SURPLUS residential lands in this community. Such a surplus indicates that there is enough land to meet all of the housing needs of the community and still to have lands left over to convert to other uses that have demonstrated need for that land. While the amount of land is small, about 1 acre total, it is important land because of its unique location adjacent to existing industry. Conclusion; The Housing Policies would not be detrimentally affected because the city has surplus residential lands. Public Service Goals and Policies - This section of the comprehensive plan generally sets forth the goal of the City of Woodburn to provide adequate public services to develop lands in the City. Public services include sewer, water and storm drainage. See specifically goals H-i and Policies H-l, H-5 and H-6. These policies also provide that where possible, development should carry the brunt of the cost of extension of these services. These policies are carried out by this application. The only improvement that will be generated by this application is one three-sided storage 2 3-A 4-A IOA Council Bill No. 1646 Exhibit "A", Page 3 of 11 building. With this Iow impact change, there will be no impact whatsoever on the sewer system, water system or storm drainage system in the area. With this application, the city can enhance one of its strongest industries with no impact on public services. Conclusion: Public services are available at the site. Transoortation Goals and Policies - This section of the comprehensive plan deals with the transportation needs and desires of the City of Woodburn. Since this application does not involve any new activity or business, there will be no impact on the transportation system of the community. No new traffic will be generated as a result of this approval. The mix of traffic will also remain the same. Hardcastle is an arterial connecting the downtown area with both the east and west portions of the city. In addition, Front Street provides north to south access for this area. Finally, the railroad parallels Front Street providing additional transportation facilities for industrial users. There is a good transportation system in place serving the area. This application will not increase traffic, therefore approval will not adversely impact transportation. Conclusion: There will be no additional impact on the transportation system. The expanded land area will be used for parking. Zoning Ordinance In this determination,the community as a whole must be looked at to see if there is a "public need". Within the UGB, two questions must be answered. The first is "What is the current inventory of industrial lands in the City?" A parcel by parcel analysis must be done to determine how much vacant industrial land is available in the City; what sizes the parcels are; and where they are located. This data must then be compared against current market trends which establish demand for existing industrial land, and the need for more industrial land into the future through the planning period. The industrial lands inventory for the City of Woodburn shows very few acres of available industrial land remain. With approximately 6 years left for growth within the planning period, 3 IOA. Council Bill No. 1646 Exhibit "A", Page 4 of 11 approximately 6 years left for growth within the planning period, the current industrial land base is clearly not sufficient to meet demand. Industrial land has been consumed in this City much faster than what was originally anticipated. Just in the past few years, well over 100 acres of industrial land has been purchased and developed or committed to development through the site. planning process. The applicant has done a detailed study of all lands inside the Woodburn UGB to determine the extent of lands currently available to meet the high demand for industrial lands. This study shows that there are only 22 parcels remaining inside the entire UGB, that carry the industrial land classification. The characteristics of these 22 parcels are described in the Industrial Lands Inventory data sheet of the staff report.~ This study included all lands designated as "industrial" in the Woodburn Comprehensive Plan. Many of the parcels are not available to meet the current or future needs of the city for one reason or another. However, all WCP industrially designated parcels were included to show the best picture possible of available lands in the city. Of the 22 parcels at least one is known to be undevelopable because of terrain and flooding. This is Inventory Parcel I, which is the swale owned by this applicant. Two other parcels have severe developmental limitations, and may either by undevelopable or too costly to develop. These are Inventory Parcels 6 (water problems) and 14 (access problems). These three total 17.25 acres and thereby reduce the 203.48 remaining inventory of industrial land to 186.23 acres. From this total must be subtracted inventoried lands that are already committed to industrial growth by way of expansion of existing operations onto adjacent lands owned by that same business. Three of the parcels fit this category. Inventory Parcels 7, 8 and 10 are committed to expansion, and comprise a total of 12.92 acres. This further reduces the available inventory of industrial lands to 173.31. Seven of the inventory parcels are presently not properly zoned to The detailed study is incorporated in the staff report and consists of 21 pages of narrative and 34 pages of maps, pictures and cherts. 5-A 10A 'Council Bill No. 1646 Exhibit "A", Page 5 of 11 ever be available to meet the industrial demand. Parcel 19 is zoned for Interchange District (ID) use. This parcel, because of its location in the southwest quadrant of the freeway interchange, is best suited to a commercial use associated with the freeway, and probably should not have been designated industrial, the other four and portion of another are zoned for Urban Transition Farm (UTF) and are located outside the city limits. These parcels may at some time become available, but several things must happen first. The UTF parcels will require a zone change, site plan approval and annexation. These may or may not be approved depending upon the proposal and its impacts. It is sufficient to identify that none of these parcels are currently available to meet the existing demand and need for industrial land of this city. The three parcels that are generally accepted to not be industrial lands (Inventory Parcels 3, 4a and 19) comprise 14.66 total acres. Taking this total from the remaining acreage leaves only 158.65 acres of industrial land in the city. IF we then take away the total UTF acreage of 33.24 that is not currently available that leaves only 125.41 acres of industrial land. To get even a better picture of the true nature of industrial land availability in the city, one must factor in Inventory Parcel 20 (Davidson Farms) which is 68.38 acres. However, this parcel is to be sold in large tracks. If the entire acreage of Inventory Parcel 20 is removed, there remains only 57.03 acres left. If only the area that will be occupied by the transportation facility is removed, the remaining inventory of industrial land is still only 113.41 acres of land. The 113.41 acres of industrial land left, from an initial inventory of 55.6.71, leaves only 20%. Industrial land has exceeded its need projections to the extent that 80% of the projected lands were used in only 35% of the allotted time. Conclusion: The city's land use inventory for Industrial lands is in deficit. B. This Land Best Suites the Public Need: Land' proposed to be added to the inventory must be 5 5-B 10A Council Bill No. 1646 Exhibit "A", Page 6 of 11 considered the land best suited to meet the public need found in the above-referenced criteria. This is probably the easiest of all the criteria in this application to meet. Since the purpose of this application is to provide expansion area for existing business only those properties that are adjacent to the existing industry are even possible to use or consider. In the case of Parcel 2, it will be used for equipment storage in association with an existing load out facility on the industrially zoned portion of the parcel. On Parcels 3 and 4 the use is for parking, storage and access roadway. These uses are by necessity site-specific, and must occur on certain lands that are adjacent to existing operations. It is fairly obvious that it is impossible to use a site across town to provide access across existing property on this side of town. It is equally impossible to use a site even several blocks away for parking. Finally, pure common sense says that all storage and load out areas associated with a particular part of business must be located together and not on two different sites blocks, or even miles away. For these reasons, and not to mention the fact that 3 of the 4 subject properties are already owned by the adjacent existing industry, the subject parcels are the best suited to at least partially fill the public need for more industrial land in the City of Woodburn. Conclusion: The land lies adjacent to existing industrial property and is a logical extension of an existing use. C. The Land Cannot Be Suitably Used As Is: The last criteria that must be addressed in any change to the Comprehensive Plan is a determination that the land being converted cannot be reasonably or suitably used as it is presently designated. While it is clear that the parcels involved here could have houses built or kept on them, the key element to this consideration is the "suitability" standard. In other words it is not enough that a house could be placed on the property. After all with today's engineering, and 6 5-C IOA Council Bill No. 1646 Exhibit "A", Page 7 of 11 technology, houses can be built almost anywhere. The real standard is whether or not the land, given the characteristics of the area, is suitable to place a house. As to the three Woodburn Fertilizer properties, they are so integrated into the business operation at this time that placing houses on that land makes no sense, either economical sense or practical sense. For example, Parcel 2, is split zoned with an existing industrial use ongoing. That parcel is not suitable for anything except expansion of the existing industrial use. The majority of Parcel 3 and almost all of Parcel 4 consist of existing access road to allow ease of movement of Woodburn Fertilizer cars, trucks and customers between Mill Street and Hardcastle as well as in and around their own facilities. Parcel I is enclave, and for that reason alone should not be considered suitable for anything other than industrial use. All four of the parcels involved here are not SUITABLE for residential use, but are ideal for industrial use. This criteria is satisfied by this application. Conclusion: The parcels are already utilized as parking and storage areas the zone and comprehensive plan amendment bring this land into compliance with the existing use. D. Compliance With Zone Code Criteria: In addition to the approval criteria stated in the comprehensive plan, §16.080(a) of the Woodburn Zone Code requires either a finding that he original plan was in error, or that the community has changed since the original plan was adopted. The Woodburn community has changed significantly since the UGB was originally drawn in the early 1980's. In the last 14 years, the growth Woodburn has experienced is far greater than either the 1981 or 1989 projections. This rapid growth has outstripped the City's ability to provide industrial areas to meet current need, let alone through the planning period in year 2008. 7 IOA Council Bill No. 1646 Exhibit "A", Page 8 of 11 5-D Conclusion: This application satisfies all of the requirements of the Woodburn Zone Code. 6. Statewide Goals and Guidelines This application satisfies and complies with all Statewide Goals and Guidelines. The following discussion addresses each applicable goal individually. Goal I - Citizen Involvement - This goal seeks to ensure that the public will be involved in all aspects of land use planning in the city. Two public hearings and an extended open record and notice period are provided in this case. Goal I is satisfied. Goal 2 - Planning - This is the goal that sets up the planning process, and is used currently and primarily as the "exceptions" mechanism when a local jurisdiction wishes to avoid compliance with any of the Statewide Goals and Guidelines. No exception is involved in this case, and the Goal is not applicable. Goal 3 - Farm Land - The subject properties are not farm land. The land is inside the UGB and the city limits and is committed to non resource development. The Goal is not applicable. Goal 4 - Forest Lands - The subject properties are not forest land. The land is inside the UGB and the city limits and is committed to non resource development. This Goal is not applicable. Goal 5 - Open spaces, scenic and historic areas and natural resources - The subject properties are not identified as being in the inventory of open space, scenic, historic or natural resource areas of the City therefore this Goal is not applicable, As previously mentioned however, a large part of the northern section of Parcel 2 slopes down into a swale and is undevelopable, This land will remain in open spaces and in its natural state and condition, With this area preserved, and the lack of inclusion in any city resource inventory, the subject properties and the change being requested here comply with this Goal, Goal 6 - Air, water and land resources oualitv - Goal 6 strives to maintain and improve the quality of the air, water and land resources in the State of Oregon. This proposed project does not disturb or crate problems with the environmental quality of the state. 8 ,10A Council Bill No. 1646 Exhibit "A", Page 9 of 11 This application has no real impact on the air, water and land resources. There is no air pollution generated by this use. The only improvement being built as a result of this application is a storage building that will not cause any environmental problems at all. In fact the only impact at all will be on storm water, and the building will be constructed to adequately control and discharge that run-off. The Goal is complied with. Goal 7 - Areas sub!ect to netural disasters and h~z~rd~ - Goal 7 seeks to protect life and property from natural disasters and hazards. There are no identified natural disasters or hazards on the subject property. The subject property is not located in an identified landslide or earthquake zone. None of the property is located within an identified flood plain. This Goal is complied with. Goal 8 - Recreational needs - This goal was created to insure that the recreational needs of the people were taken care of in the siting of necessary recreational facilities. This project does not involve the siting of any recreational facilities, nor does it involve the removal of any land that could be used for recreational purposes. This Goal is complied with. Goal 9 - Economy of the state - Goal 9 strives to diversify and improve the economy of the state. This proposal does diversify and improve the economy of northern Marion County by allowing the needed expansion of a vital industrial in the community. Without expansion, the business would not be able to serve the continued and growing needs of its customers. Service is a big part of the competition in the seed and fertilizer business. Being able to grow with market demands is critical in business survival. This Goal is complied with. Goal 10 - Housing - The housing goal is meant to provide for the housing needs of the citizens of the state of Oregon. This project does not involve the removal of any existing housing. As discussed above the vacant lands are not reasonably suited to residential use in the first place. Woodburn continues to maintain a large surplus of residential lands, both Iow and high density. This surplus allows minor adjustments in the WCP to move residential lands into needed industrial lands on a case by case basis without adversely affecting the housing inventory in the city. This Goal is complied with. Goal 11 - Public facilities and services - This goal is meant to provide a plan for the development of property in a timely, orderly and efficient arrangement of public facilities and services. The applicant's proposal complies with this goal because no public facilities or services will be 9 6-A , 10A Council Bill No. 1646 Exhibit "A", Page 10 of 11 necessary, nor will any additional pressure for public facilities be created by this project. Woodburn Fertilizer, Inc. has already contributed significantly to the placement of infrastructure and streets in this area. Within the last year, the applicant built at its own considerable expense, a complete overhaul of Railroad Avenue including somewhere near 1,500 feet of new pavement and sidewalks on one full side of the new street. This improvement cost in excess of $300,000.00 This Goal is complied with. Goal 12 - Transoortation - This goal is meant to provide and encourage the safe, convenient and economical transportation within the state of Oregon. This project meets and complies with this goal, as no new traffic will be generated by this proposal. Goal 13 - Energy Conservation - The purpose of this goal is to conserve energy in the state of Oregon. This proposal does not involve the expenditure of any energy resources whatsoever and, therefore, complies with the goal. The applicant's proposal does not require significant construction or use of energy other than gasoline for vehicles to come and go, which undoubtedly would be expended in any event since no new traffic will be generated because of this application. The subject property is not located on any sources of geothermal or other energy resources so that the utilization of the property for industrial purposes would not deprive the citizens of the state of Oregon of any energy resources. Because the project does not expend a significant amount of energy, nor does it deprive the people of a significant resource, it, therefore, complies with goal 13. Goal 14 - Urbanization - This Goal is meant to provide for an orderly and efficient transition from rural to urban land uses. This Goal is not applicable here, as we do not have a conversion of rural land to urban type uses. The parcels involved here are already committed and being put to urban uses. This Goal is complied with. Conclusion: The applicant's request meets all relevant statewide goals. SG:bw 10 Bill No. 1646 HARDCASTLE 8 S 80~E'Y DLC 47 24-OO lOB MEMO TO: FROM: SUBJECT: City Council through the City Administrator Scott Burlingham, Chairman, Wastewater Advisor~Committee~_~'~ Frank Tiwari, Public Works Director . I Final Draft Approval of Wastewater Facilities-Plan DATE: July 6, 1995 RECOMMENDATION: Ratify the attached resolution that officially approves the draft Facilities Plan for Wastewater and directs staff to forward it to the Department of Environmental Quality (DEQ). BACKGROUND: The facilities planning process started a number of years ago, but the process speeded up after the appointment of the Wastewater Advisory Committee in July of 1993. The Advisory Committee held approximately twenty-five meetings with planners, engineers, business people, industrial customers, and general public. Workshops and open houses were held to keep the public and the governing body informed. The Advisory Committee has recommended that the city council approve the recommended final draft of the facilities plan and forward it to the Department of Environmental Quality (DEQ). It should be noted that the ordinance setting rate structure will be brought to the council at a later date after attached resolution has been approved. The rate modification document will contain minimum plus volume charges.for residential customers instead of the flat rate currently being used. It has been an extensive, exhaustive process to reach the stage when a recommendation for approval of the draft facilities plan could be made to the governing body without hesitation. Resolution approval is recommended. GST:Ig F [NALT,&,/. CC , lOB COUNCIL BILL NO. 1647 RESOLUTION NO. A RESOLUTION APPROVING THE FINAL DRAFT OF WASTEWATER FACILITIES PLAN AND DIRECTING STAFF TO FORWARD IT TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY. WHEREAS, the City of Woodburn must comply with the stipulated final order of the Department of Environmental Quality, upgrade and replace components of the treatment plant nearing its design life, and plan for expansion to accommodate projected growth, and WHEREAS, in the interest of public involvement, the city governing body appointed a Wastewater Advisory Committee to analyze the complexities and recommend the most suitable treatment alternative supported by a fair rate structure acceptable to the community, and WHEREAS, the Wastewater Advisory Committee held approximately twenty-five meetings with planners, engineers, regulatory groups, Woodburn residents, business and industrial representatives, and other interested parties and all these meetings were open to the public, and WHEREAS, the Wastewater Advisory Committee appointed a volunteer information person who kept the public informed of the calendar of events and the decisions of the committee, and WHEREAS, the Wastewater Advisory Committee held two open houses, one to receive public input on the preferred treatment alternative and the second to receive input on rate structure for funding the improvements, and WHEREAS, residents were provided with the opportunity to interact with the members of the Advisory Committee, engineers and economist from Oregon's largest environmental consulting firm and well qualified technical city staff in the meetings, workshops and especially in the open houses. WHEREAS, the City Council attended workshops related to the projected growth, the treatment alternatives, and the funding needed to support the plan, and WHEREAS, in the regular meeting of June 18, 1995 the City Council held the final official public hearing to receive public input on the entire facilities plan, a copy of which had been provided to the members of the city council and another copy has been, and is presently, kept in the Public Works office for public review, and WHEREAS, on the basis of the Wastewater Advisory Committee recommendation, input from the public, information from the consultants and regUlatory agencies and on the evaluation made by individual members of the council, the City Council finds the final draft of the facilities plan acceptable, NOW, THEREFORE, Page I - COUNCIL BILL NO. RESOLUTION NO. ~JAL6OVT 10B THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council hereby approves the final draft of the Wastewater Facilities Plan as recommended by the Wastewater Advisory Committee. The facilities plan in its entirety includes Volume I (Treatment), Volume II (Collection System), and Volume III (Rates and System Development Charges). · . Section 2. That the City Council intends to implement the rates that will produce the needed amount of revenue projected in Volume III of the facilities plan, and the implementation of these rates through the regular billing cycle for residential, commercial and industrial customers is intended to start in November, 1995. Section 3. Public Works staff is hereby directed to bring to the city council an ordinance for the implementation of rate modification as recommended by the Wastewater Advisory Committee that uses the fair share philosophy without subsidies between residential, commercial and industrial users and includes the minimum plus volume charge for the residential users. Section 4. Public Works staff is hereby directed to officially forward the final draft copies of the council approved facilities plan to the Department of Environmental Quality. City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Nancy Kirksey, Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, OregOn Page 2 - COUNCIL BILL NO. RESOLUTION NO. ~UAL~0V"r 10C TO: FROM: SUBJ.: DATE: .MEMO Mayor and City Council Chris Childs, City Administrator ~.~/ Facility Use Aqreement - Salem Senior Center July 6, 1995 RECOMMENDATION: Approve accompanying Council Bill (Resolution) entering into agreement for use by RSVP program of office space located in the Salem Senior Center. BACKGROUNI~; For a number of years a small office in the Salem Senior Center has been provided to the Marion County RSVP program, which is administered by the City of Woodburn, for use as a satellite center. From this office, volunteer jobsites and placements in the Salem area can be monitored and supported, and program materials stored. This agreement will be in force for one year, expiring June 30, 1996. You may recall a similar agreement which the Council approved in May, 1995 that "retroactively" served the same purpose for Fiscal Year 1994-95. Staff recommends approval of this Resolution/Agreement. 10C COUNCIL BILL NO. 1648 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF SALEM FOR USE OF THE SALEM SENIOR CENTER BY THE RETIRED SENIOR VOLUNTEER PROGRAM. WHEREAS, the city of Salem operates the Salem Senior Center; and WHEREAS, the city of Woodburn administers the Retired Senior Volunteer Program (RSVP) through the Federal Action Program; and WHEREAS, the city of Salem has agreed to use of the Salem Senior Center for RSVP activities, pursuant to the terms of a written agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city of Woodburn enter into an agreement with the city of Salem for the use of the Salem Senior Center for RSVP program activities, a copy of said agreement which is attached hereto and, by this reference, incorporated herein. Section 2. That the Mayor and RSVP Director are authorized to sign said agreement on behalf of the city of Woodburn. APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon NANCY A. KIRKSEY, MAYOR Page I - COUNCIL BILL NO. 1648 RESOLUTION NO. SALEM SENIOR CENTER USE AGREEMENT 10C This Agreement is made between the City of Salem, an Oregon Municipal Corporation (CITY) and the Retired and Senior Volunteer Program (RSVP), (User) administered through the Federal Action Program and whose subsidiary agent is the City of Woodburn. Be it known that the USER is a branch of the US Action Program. As such, its mission is to provide meaningful participation in their communities to the retired population through outreach to the community by placing seniors in nonprofit, nursing, governmental facilities, or other community agencies as volunteers. Volunteer opportunities for seniors in Salem, Oregon, include but are not limited to: The State Capitol, Marion County and City of Salem offices, Salem Hospital, Life Une, Arts Commission, Migrant Workers Project, Golden Clowns, Knitters Circle, Boys & Girls Club, Salem/Keizer Schools, nursing and care homes, Literacy Council, Mano a Mano, Salem Outreach Shelter, Women's Crisis Services. IN CONSIDERATION of the mutual obligations and benefits herein set forth, the parties agree as follows: 1. CITY OBLIGATIONS 1.1 CITY shall provide Room 24 in its Salem Senior Center for the USER and space for activities up to 20 hours. When Room 24 is not in use by RSVP, the Senior Center may schedule it for other uses, e. g., tax and personal counseling. USER is entitled to use the Classroom or Auditorium when space is requested by RSVP and can be accommodated in the Senior Center's Facility Use Schedule. USER may use the photocopy machine. 1.2 CITY shall allow the use of facilities and equipment at the Salem Senior Center for the uses specified in Section 1.1. Such use is subject to all generally applicable policies and procedures that the CITY may adopt and amend from time to time. 1.3 CITY shall provide building supervision during the hours of USER use of the Salem Senior facility. 'Building supervision" means opening and closing the building, turning on and off lighting and HVAC systems, and providing access to special equipment approved for USER's use. CITY's staff shall have no obligation to supervise the conduct of the RSVP Coordinator or volunteer participants in the program. Such staff may take any actions they deem appropriate to prevent misuse of or damage to the City's property. They may also act to stop conduct that violates any law, ordinance, or established Salem Senior Center use and conduct policies. 1.4 1.5, 1.6 1.7 1.8 1.9 1.10 CITY shall schedule the Salem Senior Center and coordinate programs and uses at the facility. CITY's staff shall perform this obligation using their sole discretion within the framework of the annually approved Facility Use Schedule. CITY's goal is to assure access to and use of the Salem Senior Center by the broadest possible range of groups, activities, and interests to serve Salem's senior community. No single group or organization shall be given any preferred or preemptive status in scheduling use of the Salem Senior Center facilities, equipment and space. CITY shall assure USER timely, periodic opportunity for communicating complaints, requests, suggestions, and comments relating to the Salem Senior Center and its operation. CITY shall provide at no cost, limited access to a telephone for local and toll-free calls by USER's staff for purposes related to USER's programs and activities under this Agreement. CITY is not obligated to provide toll call access. A CITY staff person shall serve as a liaison to USER to assist in coordinating and facilitating USER's use of the Center and minimize conflict with other Center users. CITY shall provide USER timely information about Senior Center policies and operations that affect USER's activities at the Salem Senior Center. CITY shall publicize USER activities where appropriate in the sole discretion of CITY's Senior Center Director. CITY may provide co-sponsorship, partial funding, or both for certain special activities at the Salem Senior Center as may be separately agreed upon between the parties. Availability of City funds depends on budget authorization. Planning for such events must start enough before the CITY's budget review process to allow their consideration. lOC USER OBLIGATIONS 2.1 All USER activities shall be open to all persons age 55 and older regardless of the person's race, gender, ethnic background, national origin, or disability. 2.2 USER shall be solely responsible for recruiting and, if necessary, providing mileage compensation for persons to carry out all of its activities. 2.3 USER, its officers, directors, staff, and volunteers will cooperate fully with the CITY officers and staff of the Salem Senior Center. USER will follow all rules, regulations, and policies established for the Salem Senior Center. USER will assure that its representatives and patrons follow such policies in activities, programs, and meetings conducted or sponsored by USER. 2.4 10C 2.5 2.6 2.7 USER shall be solely responsible for obtaining all required licenses, permits, and registrations necessary for the lawful conduct of its affairs, programs, events, and activities. Should USER require special equipment or fixtures that would also benefit and be shared by CITY, the parties shall, by separate agreement, provide for acquisition, reimbursement, and ownership of such. USER will provide information regarding USER for publication in Salem Senior Center Update newsletter as space is available. USER agrees to co-sponsor the annual Volunteer Recognition with a contribution of $400 annually. INSURANCE AND INDEMNITY 3.1 USER provides for supplemental car insurance for those RSVP members who maintain their own insurance and are in the process of using a personal car in the delivery of USER duty. 3.2 USER agrees to indemnify the City of Salem, its officers, employees, and agents from all claims, demands, suits and legal actions including appeals arising out of or in connection with User's activities under this Agreement. 3.3 "Indemnify," as used herein, means to indemnify, defend, and save harmless. Q MISCELLANEOUS 4.1 This Agreement represents the complete understanding of the parties concerning the subject matter hereof. All prior agreement, representations, and negotiations, written and oral, relating to the subject matter of this' Agreement are hereby repudiated and set aside. 4.2 This Agreement may be amended only by written instrument executed with the same formalities as the Agreement itself. 4.3 In the event any term of this Agreement shall be held invalid or unenforceable, the parties declare that any such holding would not affect their willingness to enter into all other terms hereof, and such holding shall not affect the validity and enforceability of the remainder of this Agreement. 4.4 Failure of either party to object to an event of default, breach, or inadequate performance by the other shall not constitute a waiver of the offended party's dght to object to future events, whether of the same or different nature. No provision of this Agreement shall be held waived or modified by a party's past failure to assert its rights to full and faithful performance. 4.5 4.6 This Agreement shall take effect as of July 1, 1995 through June 30, 1996 unless sooner terminated as provided in Section 4.6. Notwithstanding Section 4.5, either party may terminate this Agreement: 4.6.1 In the event of a continuing material breach by the other, provided that the offended party has given the other not less than 30 days written notice to cure the breach and the other party does not effectively cure the breach within that time. The remedy of termination as provided herein shall be in addition to and not in lieu of any other remedy available at law or equity. 4.6.2 Without cause by giving not less than 30 days prior written notice. 10C IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON RETIRED AND SENIOR VOLUNTEER PROGRAM By: By:, City of Salem, City Manager Date:, Date: City of Woodburn, Mayor Approved as to form: City Attorney RSVP Coordinator Marion County RSVP Date: IOD TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator ~ SUBJ.: Insurance Coveraqe Recommendations July 5, 1995 DATE: I have reviewed the accompanying recommendations made by our City Recorder and insurance Agent of Record concerning the various areas of insurance coverage for Fiscal Year 1995-96, As a matter of reasonableness and good business, I concur with their recommendation, As in past years, however, I am declaring that I have a potential conflict of interest regarding this issue, in that my wife is an employee of City County Insurance Services, one of the vendors that is being considered for our insurance needs. IOD MEHO TO: THROUGH FROM DATE SUBJECT MAYOR AND CITY COUNCIL CITY ADMINISTIUkTOR CHILDS CITY RECORDER TENNANT ~'~- July 3v 1995 INSURANCE COVERAGES FOR FISCAL YEAR 1995-96 RECOMMENDATION: Council authorize, by motion, a change in the property insurance carrier from Chubb Insurance to Zurich Insurance effective July 1, 1995. BACKGROUND: Insurance quotes were solicited by our Insurance Agent of Record, 'Chuck Huggins (Huggins Insurance), and the results of those quotes are briefly summarized below. Property Insurance --- Three companies submitted quotations for property insurance only. Each company had similar deductibles for property loss, however, earthquake coverage varied with each company along with the deductible amount each company required. As you will recall, the City received FEMAgrant funds for repairs and reconstruction projects resulting from the 1993 earthquake (approximately $500,000). Under the FEMA program, the City is required to carry earthquake insurance on property which received FEMAmonies. Quotes from the insurance companies included coverage limits from $1.5 million to $5 million, however, the deductibles ranged from 5% of building loss and/or contents loss to $1.25 million. Over the last two years, the City has secured their property insurance through Chubb Insurance. Again this year, Chubb Insurance submitted the lowestquote ($22,212), however, they would only provide $1.5 million in earthquake coverage with a $175,000 deductible. Considering the value of the new aquatic center alone, Chuck Huggins and I felt that the $1.5 million limit was too low and either a separate earthquake insurance policy should be purchased (approximately $10,000) or another quote from one of the other two companies be accepted. The CIS property coverage ($30,563) provided $5 million in earthquake coverage, however, the deductible was 5% of botal property (approximately $1.25 million) rather than 5% of building and/or content loss. This deductible is excessively high and we are not in any such financial position to absorb that much of a deductible if a major earthquake occurred. We also felt that the CIS deductible should be similar to what is quoted by other carriers i.e. a flat deductible amount or a percentage of actual loss. Mr. Huggins will be discussing the deductible issuewith other agents who do business with CIS to see if they can get CIS to change their calculations in determining the deductible amount. It , , IOD Page 2 - Insurance Memo July 3, 1995 should be noted that the City currently has an $8,145 credit with CIS for prior years net income distribution. We can hold this credit for one more year, therefore, it is hoped that the property coverage limits and premium quotes for next year are such that we can take advantage of the credit in fiscal year 1996-97. Lastly, Zurich provided us with a quote of $29,689 which includes $3.5 million earthquake coverage with a 5% deductible of building value and/or 5% contents value. This coverage seems to offer us the best protection att his time with a minimal deductible program. For example, under this program, a $500,000 loss would result in a $25,000 deductible which is far less than the $175,000 deductible of Chubb Insurance or the $1.25 million of CIS Insurance. Based on his review ofthese insurance coverages, Chuck Huggins is also recommending that the City change insurance carriers from Chubb Insurance to Zurich. General Liability/Auto Liability/Auto Ph2sicaX Damage--- Proposals for this specific insurance coverage were received from CIS Insurance ($82,122) and Northland ($88,840). We have advised CIS that we will continue our coverage with them for fiscal year 1995-96. No action is necessary on the part of the Council to authorize the continuation 'of this coverage. Workers' Compensation Insuranae --- We have secured our Workers' Compensation coverage through CIS for many years and our rates have remained fairly stable even though payroll costs have increased. In fiscal year 1994-95, our experience modification factor was 102% while in 1995-96 we will be seeing a decrease to 98%. ' ' IOE TO: FROM: SUB. CT: DATE: City Council through City Administrator f~ A (~ , Frank Tiwari, P.E., Public Works Director Contract award for City Library Parking Lot/Street Improvements Project July 6, 1995 REcoMMENDATION: That Woodbum City Council award the contract to low bidder, Bob's Backhoe, in the amount of $38,301.24 for the construction of the city library parking lot and street improvements. NOTE: $27,700 is specifically budgeted for this project in the General Fund Non-Department are~ Because of certain basic street improvement aspects of this project, $7,915 will be paid from Public Works Street Improvement budget. The balance, approx. $2687, will be paid from the Library Endowment Fund. BACKGROUND: The Engineering Division properly advertised and received four legal bids for the above named project. The bids were publicly opened and read at city hall on Thursday, June 29, 1995 at 11:O0 am. The bid results are as follows, including the engineer's estimate: Engineer's Estimate: Bob's Backhoe: North Santiam Paving: Morse Bros. Co.: Kerr Contractors: $30,882.50 $55,065.69 $57,964.25 $59,367.O0 $67,655.O0 We are expedenc~g high bid prices for concrete work this season, which is the moin reason for the difference in the bid price and the engineer's estimate. The lowest bid of $55,065.69 was received from Bob's Backhoe and is not within ten (10) percent of the engineers estimate, therefore, we recommend the elimination of the new sidewalks located on the east side .of the parking lot behind the stirrup factory. All other sidewalks are planned to be constructed as designed. The other item_~ red concrete paving bricks, decorative tree grate, tree removal and removaYreinstallation of existing sign has been renegotiated and modified. With these deletions and modifications, contract approval is recommended for the amount of $38,301.24. c:~lmmcyroje~ts~95001028~o*mawrd.~pd 1OF M EM.O TO: FROM: SUBJECT: City Council through City Administrator Publie Works Program Manager~~'//~'~'-'-'~- Tentative Agreement regarding Rugged Manufacturing Property at 192 Young Street DATE: July 6, 1995 RECOMMENDATION: Approve by motion the terms, as outlined in this memo, of a tentative agreement for the removal and replacement of asphalt as part of removal of an underground storage tank and sharing of costs for a boundary survey associated with the Rugged Manufacturing property at 192 Young Street. BACKGROUND: Two items involving the city concerning the Rugged Manufacturing property require council concurrence. The first involves a underground gasoline tank in city right of way in front of the Rugged Manufacturing property, This tank was decommissioned in the 1960's. it is my understanding that it must be removed as part of the proposed sale of this property. The tank is in city right of way and it is in the best interest of the city that it be removed, The Rugged Manufacturing property owners will remove the tank and conduct all required testing, The property owner would be responsible for any cleanup that would be required. Since the tank is in city right of way and it is in the city's interest to have it removed the removal and replacement of the asphalt over the tank by city street department forces is an appropriate city share of the removal project. When the burned out Rugged Manufacturing building was removed a storage shed on city property, directly to the south, lost one wall which it shared with the Rugged Manufacturing building', Since it is unclear where the property line actually is between the Rugged Manufacturing and city property, the boundary needs to be established before decisions can be made on the disposition of the city building. It is estimated that the cost of determining the boundary line will be $500.00. It is proposed that the city share this cost equally with the Rugged Manufacturing property since the city has an equal interest in an accurate delineation of the property line, C:\Randy~Memos~Rugmanuf.pty'.bw 14A MEMO TO: Mayor and Administrator City Council through City FROM: Planning Commission SUBJECT: Subdivision 94-04, 6 Lots on "A" Street DATE: July 6, 1995 At their hearing of June 22, 1995 the Woodburn Planning Commission approved, with conditions, Subdivision 94-04 located on the east side of "A" Street. Attached is a brief description of that proposal with an area and plat maps. One of the most important aspects of this proposal is that "A" Street will be improved from Payne to Bradley. Also Payne Street will be improved up to the east property line of Lot #6. The Council has two options: 1) You may call this proposal up for a public hearing or 2) Choose not to review this subdivision C:\steve~memos\subdiv94.04:bw 14A STAFF REPORT Subdivision #94-04 II III IV APPLICANT: J. McCaulley 1555 N. Jantzen Street Portland, OR 97217 OWNER: Callaham and Callaham a Washington Corporation 10804 NE Highway 99 Vancouver, WA 98686 NATURE OF THE APPLICATION: The applicant is requesting preliminary approval of a 6 lot subdivision. RELEVANT FACTS: The proposed subdivision is located along A street, north of Bradley Street and south of Payne Street, an unimproved dedicated right of way. The property can be identified specifically on Marion County Assessors May as Tax Lot 4100 Township 5 South, Range I West, Section 18CA and TL 8400 Township 5 South, Range 1 West, Section 18BD. The subject property is zoned RS, single family residential. Properties surrounding the proposed subdivision are Zoned Residential Single Family. The proposal includes 2 existing lots each containing one Single Family Residence. The applicant indicated that the average lot size will be 7,461 sq. ft. to 8,108 sq. ft. All lots with exception of the two existing dwellings will be served by private roads. FINDINGS: 1. The applicant is requesting preliminary approval of a 6 lot subdivision. 2. The subject property is zoned appropriately for single family development. 3. The new lots' will access a private street. 4. The applicant has met the goals and policies of the Comprehensive Plan. The applicant has submitted the necessary documents as required by the Subdivision Ordinance for preliminary approval of a subdivision. C:\steve\staffrpt\subdiv94.04 ~r,~O0 ! ! ! 14A WOODBURN PUBLIC LIBRARY 280 GARFIELD STREET WOODBURN, OREGON 97071-4698 503-982-525215263 OR FAX: 503-982-5258 15A MEMORANDUM TO: FROM: DATE: RE: MAYOR & CITY COUNCIL THROUGH CHRIS CHILDS, CITY ADMINISTRATOR~ MNDA SPRAUER, LIBRARY DIRECTOR July 6, 1995 DONATION FROM FRENCH PRAIRIE KIWANIS On June 28, 1995, Ron Monnier and Don Eubanks presented a check for $1,000 to Gloda Predeek, President of the Woodbum Public Library Board. This money was collected from the community by the French Praide KJwanias following the untimely death of Alan Hamilton as a college fund for his sons if necessary. When the time ardved to close out the account, Mr. Hamilton's widow, Lynda, since he was a supporter of the library, asked that the money be given to the library. At the regular monthly meeting of the Woodburn Public Library Board, the members voted to direct the money be spent on an item to benefit the community as a whole. They then voted to apply this money be applied toward the purchase of a reader board to be placed so that special library activities may be announced to the citizens. I hope to be able to have this purchase in place by fall. 15B MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Revo¢e~;i0n of Business Reqistration July 3, 1995 At the June 26, 199§ Council meeting, a question was posed regarding the City's ability to revoke the Business "License" (Registration) of LaLinda's, located at 293 Front Street, as a result of closure of the establishment by the Oregon Liquor Control Commission (OLCC). Our Business Registration ordinance does contain a section which allows for revocation, based on the City Administrator's determination that "... a business activity ... is violating this ordinance, other City ordinances, or State or Federal law ...[emphasis added]". In this instance, the OLCC issued an "immediate closure order" containing some 27 allegations of violation of OLCC rules. LaLinda's will be afforded due process and appropriate opportunity for hearing before the OLCC. Only after that process is completed, and a final determination of any wrongdoing made, would the City Administrator be in a position to pursue revocation of the establishment's business registration under the ordinance. .... 15C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator ~..~ ~--~ Public Works Program Manager ~/~¢-¢_.~--- City Hall HVAC Update July 5, 1995 The replacement of heating, ventilation and air conditioning (HVAC) units for city hall is now scheduled to begin on July 17, 1995. The delay was a result of a scheduling backlog for the roofing company who is replacing the city hall roof. In order to get the best quality replacement of both the HVAC units and the roof it was essential that the HVAC replacement and roof replacement be coordinated. There should be no interruptions of city hall services. There could be some minor traffic disruptions and some temporary parking changes around city hall during the 7 to 10 days the work will take. C:\Randy~Memos~HVACup.dte:b w · · 15D MEMO TO: FROM: City Council through City Administrator Public Works Program Manager SUBJECT: Transportation Task Force Update DATE: July 6, 1995 The last public open house on the Woodburn Transportation Plan was held on June 29, 1995. A newsletter outlining the plan was sent to all Woodburn residents prior to this open house. The next Transportation Task Force meeting will be held on July 20, 1995 at noon in the Library meeting room. The Council will also be provided with Technical Memorandum #5 of the transportation plan work program at the July 10, 1995 council meeting. This memorandum summarizes the results of an access management analysis for portions of Highway 214 and Highway 99E. The memorandum also includes background information on Oregon Highway Plan Access Management Policies and a review of techniques and standards for implementing access management policies. The next product of this project will be a draft Transportation System Plan for the city. This will be the basis for a public hearing before the Planning Commission which is currently planned for August, 1995. It is anticipated, at this time, that a public hearing on the plan will be held by council in September, 1995. This draft Transportation System Plan should be available near the end of July, 1995 and will be given to council for their review when it is received. C:~Randy~Memos~TTFUPDA.TE:b w MEMO TO: FROM: SUBJECT: DATE:' Community Development Director Bob Arzoian, Building Inspector Building Activity for JUNE, 1995 July 5, 1995 15E New Resi~ Value Multi Family Res. Add Sc Alts Industrial Commercial Value Signs, Fences, Drways Mobile Homes JUNE 1993 JUNE 1994 No. Dollar Amt No. Dollar Amt I $120,000 8 $ 987,348 0 0 0 0 13 91,647 11 68,400 2 20,747 0 0 2 330,000 2 18,128 10 21,094 7 6,915 1 55,000 0 0 29 $638,488 28 $1,080,791 J-UN~ 1~)5 No. Dollar Amt 4 609,781 0 0 9 50,810 I 150,000 I 38,000 11 53,690 3 140,700 29 $1,042,981 July 1-June 30 Fiscal Year-to-Date ~10~478~419 Robert Arzoian Building Official RS:bw B LDACT 06. ~5