Agenda - 05/22/1995 CITY OF WOODBURN
270 MONTGOMERY STREET **** WOODBURN, OREGON
AGENDA
WOODBIIRN CI'IT COUNCR,
MAY 22, 1995 - 7:00 P.M.
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A. Council minutes of May 8, 1995 regular and executive meetings.
B. Planning Commission minutes of May 11, 199//.
A. APPOINTMENTS:
1. Housing Rehabilitation Task Force: Kathy Figley, Walt Lawson
Barbara Pugh and Steve Goeckritz.
B. ANNOUNCEMENTS:
1. Transportation Task Force, May 24, 1995, noon, at City Hall.
C. PROCLAMATIONS
1. Buckle Up America Week, May 22 - 29, 1995.
D. PRESENTATIONS
1. Woodburn Police Department recognition of
volunteer, Virginia Fryberger.
A. Chamber of Commerce
B. Other Committees
(This allows public to introduce items for Council consideration
not already scheduled on the agenda,)
A. City of Woodbum Budget, Fiscal Year 1995-96.
B. Heritage Park Subdivision 94-05, Annexation 94-03 and
Zone Change Amendment 94-05. (Supporting material
provided separately)
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Page I - Council Agenda, May 22, 1995
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Council Bill No. 1635 - Ordinance amending the UGB to include 19.6 acres
located east of I-5, annexing said property and reclassifying the
zone from County "Exclusive Farm Use to City 'Light Industrial".
Council Bill No. 1636 - Ordinance imposing a privilege tax on Northwest
Natural Gas Company in the amount of 2 percent.
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Council Bill No. 1637 - Resolution declaring city's election to receive
state revenues during fiscal year 1995-96.
Council Bill No. 1638 - Resolution approving redemption of 1977 sewer
bonds.
Letter of understanding from Harris & Fide for accounting services for NORCOM.
Acceptance of bid: reroofing of City Hall.
Easement acceptance.
Donation of video camera from MADD.
I. Additional parking adjacent to Library.
A. Salud Medical Clinic building purchase (verbal)
B. Transportation Task Force information.
C. Young Street railwad crossing improvement.
D. Aquatic Center update.
E. Meeting with Marion County officials re: facility needs/issues.
~ 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.
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Page 2 - Council Agenda, May 22, 1995
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COUNCIL HEETIN~ HINUTES
May 8, 1995
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D~TE. COUNCIL CH~MBERSv CITY NALLv CITY OF WOODBURN~ COUNTY
OF MARION~ STATE OF OREGON~ MAY S, 1995.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kirksey presiding.
ROLL C~LL.
Mayor Kirksey Present
Councilor Chadwick Present
Councilor Figley Absent
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Pugh Present
Councilor Sifuentez Present
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, Police chief Wright, Police Lt. Null, Park
Director Holly, Community Development Director Goeckritz,
Public Works Manager Rohman, Asst. City Engineer Morrison,
Wastewater Supt. Sinclair, City Recorder Tennant
Note: There was a problem with the recording on the first tape
used for this meeting, however, the second tape recording is
audible.
Councilor Jennings stated that Councilor Figley had previously
advised the Mayor and Council that she would not be in
attendance at this meeting.
MINUTES.
JENNINGS/PUGH... approve the regular and executive session
Council minutes of April 24, 1995; and accept the Library
Board minutes of April 19, 1995 and Planning Commission
minutes of April 28, 1995. The motion passed unanimously.
APPOINTMENTS.
Mayor Kirksey stated that she did not have any appointments
for this meeting, however, she will be making some
appointments at the first regular meeting in June.
]%NNOUNCEMENTS ·
The Transportation Task Force will be meeting at 12:00 noon on
Thursday, May 11th, in the City Hall Council Chambers.
On May 17th, the 3-Valleys Project will be meeting at 7:00
p.m. in the City Hall Council Chambers.
Page i - Council Meeting Minutes, May 8, 1995
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COUNCIL MEETIN~ MINUTES
May 8, 1995
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UPCOMING PUBLIC HE/%RINGS.
On May 22, 1995, the city Council will hold public hearings on
1) the 1995-96 City Budget, and 2) Heritage Park annexation
and zone change proposal.
PROCLAMATION - PUBLIC WORKS WEEK MAY 22-26, 1995,
Mayor Kirksey read the Proclamation declaring May 22 - 26,
1995 as Public Works Week within the City in recognition of
the service they provide to the community. She also stated
that she would be out of town during this week and Council
President Jennings will be taking her place at the various
activities.
Jim Audritsh, 16675 Butteville Rd NE, showed the Council a
photograph of the Code Enforcement vehicle which is parked in
the front parking area every meeting night. He suggested that
this vehicle be parked elsewhere since parking around City
Hall is already difficult to find.
Tom Waggoner, 849 Woodland, spoke on the problems being
experienced by the neighborhood near Burlingham Park. He
stated that dog owners are not conforming to leash laws nor
are they picking up their dog's fecal waste either in the Park
or along the ditch areas where children play. He stated that
he had spoken with the Code Enforcement Officer who told him
that dog problems were not a priority and that he only gets to
the West Woodburn area a couple of times each week.
Additionally, cars are driving into Burlingham Park to the
picnic tables rather than carrying their food from the parking
lot. Members of the church adjacent to the park have also
been parking in the grass area. Mr. Waggoner questioned what
type of dog ordinance was in place relating to his concerns
and whether or not large rocks or a fence could be put around
the park to prohibit cars on the grass area.
Park Director Holly stated that he and Mayor Kirksey had been
tO Burlingham Park and witnessed violations to the dog
ordinance. Larger signs have since been posted and he has
told the residents to also contact the Park Department since
the maintenance staff is trained to wrlte citations for civil
infraction violations when they see a violation being
committed. Under the city's ordinance, dogs are required to
be on a leash not to exceed 8 feet and to pick-up their dog's
waste. In regards to the fence issue, he did not feel that
rocks/boulders would be appropriate.
Mr. Waggoner stated that he, along with other residents in the
area, are willing to build a fence if the City would furnish
the materials.
Administrator Childs appreciatedMr. Waggoner's offer and
stated that there does seem to be some possibilities for a
simple solution to the problems. In regards to Code
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COUNCIL MEETING MINUTES
May 8, 1995
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Enforcement and priorities, enforcement of zoning issues and
nuisance abatements such as garbage have received priority
over dog control issues. Hopefully, both concerns expressed
by Mr. Waggoner can be solved within the near future.
CH~WnER OF COMMERCE REPORT,
Dorothy Monnier, representing the Chamber Board, invited the
Council to attend the Chamber's Greeter Meeting at the
Commercial Bank on May 17th at 8:00 a.m.. Also on that date,
the Chamber Forum will be held at Yun Wah's Restaurant at
12:00 noon. Guest speaker will be Miles McCoy on the Oregon
Garden Project.
~UBLIC HF~ING - COMPREHENSIVE ~L~N ~N_~NDMENT ~95-02. ZONE
¢~aNGE #95-02, VARIANCE ~95-01, AND SITE PLAN
(Woodburn Fertilizer, Ino,).
Mayor Kirksey declared the public hearing open at 7:20 p.m..
Recorder Tennant read the Land Use statement required by ORS
197.763.
Community Development Director Goeckritz entered the following
staff exhibits into the record: 1) city's Staff Report; and 2)
Applicant's Staff Report. He stated that the applicant,
Woodburn Fertilizer, Inc., has requested the rezoning of
Parcels 1 & 2 from single-family residential (RS) to Light
Industrial (IL) and Parcels 3 & 4 from multi-family
residential (RM) to Light Industrial (IL). On the
Comprehensive Plan map, the change would be from Residential
to Industrial. In regards to Parcel 2, the property is
currently owned by the applicant and it is not an individual
tax lot. However, the parcel was originally split zoned and
the proposed amendment would designate their entire property
as Industrial. This parcel currently provides parking area
for equipment and the applicant is requesting the plan
amendment and zone change in order to allow the construction
of a storage shed on this property. Parcel i is currently
owned by Garett Bates who has a single family dwelling on the
property. Mr. Bates is in complete agreement with the
proposed amendment. Parcels 3 and 4 are currently owned by
the applicant and these parcels have been used for driveway
access and employee parking. The application includes.
variances on Parcel 2 relating to sideyard setback and
landscape buffer. Director Goeckritz stated that the site
plan for the storage facility does include landscaping and
fencing as required by the ordinance. On March 23, 1995, the
Planning Commission held a public hearing on this issue and
subsequently approved the amendments to the Comprehensive Plan
and Zone Map, the storage facility site plan, and the two
variance requests. The City Council is required to act on the
Comprehensive Plan and Zone Map amendments, however, they do
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COUNCIL MEETING MINUTES
May 8, 1995
not need to act on the site Plan or Variance issue unless they
want to modify or deny the Planning Commission's action.
Mark Shipman, attorney representing Woodburn Fertilizer, Inc.,
stated that they have worked on this issue for about 5-6
months which included neighborhood meetings to try and work
out any problems prior to its going before the Planning
Commission. They have also done an inventory of land as part
of their staff report which shows that there is a shortage of
industrial land in Woodburn. Parcel 2 is an existing paved
driveway area used for parking equipment. Parcels 3 and 4
have been used over the past 20 years as driveway access and
employee parking and the applicant would like to correct this
situation by making the necessary amendments to the Plan and
zoning maps. As part of the site plan for the storage shed
facility on Parcel 2, a variance is being requested to the 30'
required buffer strip and the applicant will be installing
more landscaping and fencing than what is currently required
under the ordinance. He expressed his opinion that the
application adequately addresses the Comprehensive Plan and
Zone Change criteria and goals. In summary, they are in
agreement with the staff and Planning Commission
recommendation and.feel that amendments to Parcels 3 and 4
will put the maps in agreement with how the property has been
used for many years and for Parcels i and 2, it will extend
the light industrial zone all the way to Hardcastle.
Scott Rorrick, General Manager of Woodburn Fertilizer, Inc.,
provided the Council with a letter from the owner, Scott
Burlingham (Proponent Exhibit #1). He stated that Woodburn
Fertilizer has been in existence since 1941 at its present
site and provides family wage jobs for approximately 70
employees. The business owners and employees have also been
very supportive of the community and have devoted many
volunteer hours to Woodburn in elected and appointed
positions. The business has recently planted 100 trees at the
north end of the property and they have built into their
budget additional funds to improve the dust collection system
even though their current system meets DEQ requirements.
Approval of the proposed amendments will allow for the
development of the contiguous owned property in an orderly
manner. On behalf of Woodburn Fertilizer, he requested
Council approval of their application.
Jane Kanz, Chamber Executive Director, also spoke in support
of the Comprehensive Plan and Zone Map amendments. She cited
the growth of the business over the last several years along
with improvements made at the current site as a positive
factor in approving the application.
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COUNCIL MEETING MINUTES
May 8, 1995
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Mick DeSantis, owner of property located on Hardcastle which
is the second lot to the east of Parcel 2, stated that he was
unable to appear at the Planning Commission hearing to state
his objections. He stated that, in his opinion, there is
plenty of Industrial land within the current city limits.
Additionally, the petitioner owns property to the north of
their existing operations which could be utilized for the
storage shed facility. Secondly, Parcel ~1 is owned by
another individual with a single family dwelling on the
property and he objected to a variance in the buffer zone
because of the differences between residential and industrial
property uses. Thirdly, he felt that changing the existing
zone on Parcels i & 2 would be detrimental to the
neighborhood. The original property was considered
grandfathered in the 1980's when the plan was adopted while
Parcel #2 was purchased in 1987. In his opinion, Parcel ~2 is
outside of the original intent to make this property
industrial. He also expressed concern over the construction
of a large storage facility on such a small parcel of land.
Attorney Shipman stated that the applicant wants to build a
storage shed to protect their equipment. Mr. Bates would also
like to see his property zoned light industrial and rezoning
both parcels will square up the area all of the way to
Hardcastle Ave. He briefly discussed the 10' side yard
setback variance, in which Mr. Bates is also in agreement
with, along with the inclusion of a i hour fire wall. Both
the Fire Department and Building Department have reviewed the
construction plans and standards have been set. Their will be
a 3' landscape strip plus a site obscured fencing to try and
preserve the integrity of the residential area. These factors
have all been raised at the staff and Planning Commission
level. He expressed his opinion that bringing the industrial
area to Hardcastle would not have an adverse impact on the
residential area. On Parcels 3 & 4, the applicant is
proposing to pave and landscape the area.
Mayor Kirksey closed the public hearing at 8:05 p.m..
Councilor Jennings stated that he was offended by some of the
statements made by Attorney Shipman regarding the condition of
the neighborhood.
Councilor Pugh stated that he does see a need for industrial
land, however, if a zone change could potentially cause a slow
deterioration in an existing area then he is against an
amendment to the current plan. In this case, he feels that
bringing the industrial zone all the way to Hardcastle would
not be in the best interest of the surrounding property
owners.
JENNINGS/SIFUENTEZ .... approve the application request and
direct the staff to draft an ordinance with findings of fact
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COUNCIL MEETING MINUTES
May 8, 1995
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in favor of the Comprehensive Plan amendment, Zone Map
amendment, Site Plan review, and variances as recommended by
the Planning Commission. On roll call vote, the motion passed
4-1 with Councilor Pugh voting nay.
PUBLIC W~RING - N~STEW~TER F&CILITIES PLAN.
Mayor Kirksey declared the public hearing open at 8:07 p.m..
Scott Burlingham, Wastewater Advisory Committee Chairman,
stated that the Committee was formed in 1993 to evaluate the
wastewater facility needs as it related to the discharge of
effluent into the Pudding River and stringent DEQ
requirements. He introduced the members of the Committee who
have dedicated numerous hours on this project. In addition,
he stated that Barbara Lucas has served as the Public
Relations person in getting the information out to the local
residents and encouraging public involvement. The Committee
held two open houses to share their work with the public and
solicit opinions on designs and rate structures. Major
decisions have been made by the Committee which will become
recommendations to the Council.
Public Works Director Tiwari stated that this project has been
much more difficult than the planning process for the current
plant which was done in the mid-1970's. There has been a lot
of public involvement to date. The purpose of this hearing is
for the Council to receive public input before the final
Facilities Plan is adopted in July 1995. He provided a brief
overview of plan which will allow for a population growth of
3.4% each year which equates to a estimated population of
38,000 by the year 2015.
Gordon Merseth, Consulting Engineer, discussed the regional
issues which were brought before the Committee as it relates
to the Pudding River basin. A Service Provider Study included
several surrounding cities, Marion & Clackamas counties,
Oregon State Parks, and Oregon Dept. of Transportation. The
goal of the study was to identify common needs and protect
local groundwater supplies. The findings of the study were as
follows:
1) Sludge Handling & Disposal - the new plant would be
available for emergency sludge services, b) available to serve
small cities for sludge disposal when periodic services are
required and the cities utilizing this service would pay a
negotiated fee for this service, and c) utilize the poplar
tree farm concept.
2) Laboratory Services - it was recommended that the City
negotiate individual interagency agreements on a case by case
basis for lab services.
3) Septage Treatment - certified haulers be allowed to bring
in and pay a fee for disposal and treatment of septage. In
regards to how much septage is received, it was recommended
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May 8, 1995
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that up to 1% of the total plant flow be allowed. In regards
to leachate, it would constitute about 1.5% of the present
flow and less than 1% of the flow by the year 2020. Providing
this service will have no impact on the treatment plant
design.
Public Works Director Tiwari stated that providing these
services, when necessary, will help to protect the
groundwater.
Daria Wightman, CH2M Hill consultant, stated that DEQ has set
ammonia limits for discharge of effluent into the Pudding
River. These limits are so stringent that the City will be
unable to discharge to the river during the months of July and
August, therefore, alternative means of taking care of the
effluent need to be considered. During the preliminary plan
design stage, the Committee looked at various alternatives and
ultimately decided to recommend an expansion and upgrade of
the current treatment plant facility. This option was the
most economical and will meet the projected needs of the City
over the next 20 years. The Committee did research the SEPA
project but this method did not work out and it will be at
least 10 years before a dam project upstream is built.
Tape 2 She reviewed the plant design and other technical aspects of
the project in the areas of sludge disposal, clarifiers, and
the use of ultraviolet disinfection versus chlorination.
0084 Mark Madison, CH2M Hill Agricultural Engineer, stated that a
Poplar Tree plantation is being recommended by the Committee
as an alternative for using all of the water during the summer
months. Poplar trees will use more water and nutrients and it
is anticipated that approximately 400 acres of poplar trees
will be sufficient to use all of the water during those
months. These trees are fast growing and are used in the wood
fiber industry. The Committee is recommending the
installation of an 8 acre prototype to test this alternative
before a full-scale system is put into place.
0207 Public Works Director Tiwari stated that the Committee is
recommending that the pro~ect be phased-in over a period of
years. The last plan review was approximately 20 years ago
and we are now reaching capac~%y. Th~s planning p~oce~ ~
intended to Project out for the next 20 years. The poplar
tree plantation will not only take care of the water
distribution but will provide a distribution area for sludge
and backyard debris.
0300 Dean Morrison, Asst. city Engineer, briefly reviewed the
city's collection system which includes a service area of
3,419 acres, 14.5 miles of main line, 43.2 miles of collector
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lines, and 10 pump stations. Capital improvement costs in
these areas are estimated at $3.9 million with the cost
distribution being $1.19 million to existing users and $2.97
million to new users. The Plan calls for changes in the
number and locations of some of the pump stations with an end
result of 8 pumping stations rather than 10.
Debbie Davis, CH2M Hill, provided an overview of the
methodology and objectives in establishing a rate structure
which would provide adequate revenues, make it affordable and
equitable, and provide a fairness between current and future
users. She briefly reviewed some technical issues on how rate
proposals were developed. Additionally, she addressed
legislative restrictions on how money is collected and spent,
such as, Systems Development Charges assessed to new
developments for capacity development, reimbursement fees for
services, and improvement fees which are restricted to
capacity improvements.
Public Works Director Tiwari reviewed a proposed rate
structure which would provide residential customers with a
cost per unit basis rather than the current flat rate basis.
Under the cost per unit basis, the minimum monthly bill would
be $19.19 with the regular monthly rate increasing by $3.59
per 100 cubic foot of water used. To arrive at the regular
monthly rate, a household's 3-month average water usage during
the winter months would be used to determine the monthly rate.
In regards to commercial and industrial customers, they have
been paying on a minimum plus volume cost basis for many
years. There minimum bill would be $24.27 which will increase
by $5.08 per 100 cubic foot of water use. He also briefly
reviewed the proposed Industrial rate structure which will
also see a similar rate increase. In regards to the SDC
Charges for new development, the current fee for new
residences is $2,872 and it will increase to $2,972 by next
year. This is only a small increase in the SDC amount,
however, this fee has had a steady increase over the last few
years whereas the basic user rate has not increased for at
least two years. The staff and Committee are still
researching different rate options and a recommended option
will be presented to the Council in July.
Barbara Lucas, 214 E. Clackamas Cl, stated that she had been
the public information person for the Wastewater Committee
since September 1993 and has done a lot of research and
written several essays on this issue. She spoke in favor of
the proposed phase-in construction, insuring fair-share rates
for all users, and pursual of the poplar tree plantation test
plot.
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Administrator Childs read a letter from Ben Hill, West Coast
Operations Director for Smuckers, in support of the proposed
Facilities Plan and of the proposed rate structure even though
their costs for wastewater disposal will escalate.
Mick DeSantis, 700 Smith Dr., stated that he was in favor of a
fixed rate residential charge so that residents would keep up
their yards and gardens. In regards to the System Development
Charges, he did not feel that a true comparison is being made
on the rate charts since one set of comparisons for user fees
have different cities than those for SDC charges.
Mayor Kirksey stated that the fixed plus volume rate is based
on the average 3-month winter water usage, therefore, it would
not affect customers watering their lawns during the summer
months.
The public hearing was closed at 9:16 p.m..
Councilor Jennings stated that he has heard from several of
his constituents who tend to favor the fixed plus flow rate
structure. He urged other members of the community to speak
up on this issue before any final decisions are made this
summer. Also, the business community needs to speak up on the
issue of 3 classes and the fair share rate structure.
Councilor Pugh complimented the staff on their technical
presentation. In regards to future rates, he is considering
the fixed rate schedule and he urged his constituents to
contact him as to their preference.
Councilor Chadwick stated that a majority of the calls have
been in favor of the minimum plus flow rate structure.
Councilor Sifuentez stated that the calls she has received
indicate a split in how the rate structure should be
established.
Councilor Hagenauer stated that he was inclined to go with a
fixed rate structure but he did not object to the minimum plus
flow rate structure.
Public Works Director Tiwari stated that staff did not need a
decision tonight on this issue. The Wastewater Advisory
Committee will have another workshop with the Council and the
Facilities Plan will be adopted by the Council at a subsequent
meeting. He also stated that he will be looking into those
situations in which customers have sewer service only and do
not have water usage data available to base a minimum plus
volume rate structure fee.
The Council took a break at 9:23 p.m. and reconvened the
meeting at 9:30 p.m..
Councilor sifuentez left the meeting at 9:30 p.m. due to
illness.
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1588
T~BLED BUSINESS - HE_P_~-~WSON STREET SPEED LIMIT SIOlgAGE
REOUESTo
JENNINGS/PUGH... remove the Hermanson Addition Neighborhood
Watch request from the table. The motion passed unanimously.
Included in the agenda packet were memos from the Police
Department and Public Works addressing the issue of traffic
control signs and alternative solutions to their problems.
Police Chief Wright stated that his department personnel had
previously met with the neighborhood watch group and several
issues were discussed at those meetings which ultimately
resulted in their sending the letter to the Council. He
apologized to the Council since procedure should have been for
his staff to have the group work with administrative staff
first to address the signage issues.
Police Lt. Null stated that a member of the Police Dept. will
be meeting with the group on May 13th and a recommendation
will be made to the group that they participate in the Citizen
Radar Patrol for their neighborhood. Additionally, the Reader
Board can be placed on Marshall Street to alert drivers of
their speed, and, if necessary based on the Citizen Radar
Patrol surveys, make patrol assignments to enforce traffic
laws.
Mayor Kirksey encouraged residents to get involved. She
stated that any neighborhood association member can
participate in the Citizen Radar Patrol program as long as
they have been trained by the Police staff to operate the
equipment and take down the appropriate information.
Councilor Jennings stated that more warning signs can be
helpful but he is willing to try other measures first.
Public Works Manager Rohman stated that Marshall Street is a
30 foot wide street which is wide enough to accommodate
parking on both sides of the street.
Councilor Jennings stated that lately, he has had to wait on
Marshall St. when an on-coming car is driving down Marshall
St. and cars are parked on both sides of the street. In his
discussions with members of the neighborhood group, their two
problems are 1) speeding and 2) parked cars.
The Police Department will report back to the Council after
their May 13th meeting with the group.
Administrator Childs reminded the public that, universally in
town, the speed limit is 25 MPH unless otherwise posted.
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COUNCIL BILL 16Z6 - RESOLUTION ENTERINO INTO MEMORANDUM OF
~OREEN~NT WITH THE WOODBFRN POLICE ~SSOCI~TION FOR SPANISH ~
RUSSIAN L~N~U~E INCENTIVE P~Y,
Council Bill 1626 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
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passage, the bill passed unanimously.
Council Bill 1626 duly passed.
Mayor Kirksey declared
~034
COUNCIL BILL 1627 - RESOLU~ION ~NTERING INTO A MEMOI~%NDUM OF
AGREEMENT W~TH TN~ WOODBURN POLICE aSSOCIaTION RELEvANT TO THE
CREATION OF NoR~oM ¢9-1-1 DISPATCH CENTER).
Councilor Hagenauer introduced Council Bill 1627. The bill
was read by title only since there were no objections from the
Council. On roll call vote, Council Bill 1627 passed
unanimously. Mayor Kirksey declared the bill duly passed.
2109
COUNCIL BILL 16Z8 - RESOLUTION AUTHORIZING A MODIFIED
INTERGOVERN~_~NT_AL aGRE~ FOR COMMUNICATIONS SERVICES ~ND
ESTABLISHING NORCOM.
Council Bill 1628 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
1628 duly passed.
Councilor Jennings requested clarification of who serves on
the User Board.
Administrator Childs stated that each member jurisdiction has
one elected official and one administrative representative
which constitutes one vote per jurisdiction, and each member
agency has one administrative representative which also
constitutes one vote per agency.
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COUNCIL BILL 1629 - RESOLUTION CERTIFYING THE ELIGIBILITY OF
T~__~ CITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEaR
1995-96,
Council Bill 1629 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. Council Bill 1629 was
declared duly passed by Mayor Kirksey.
2238
COUNCIL BILL 1630 - RESOLUTION ENTERING INTO AN
INT~RGOV_RR__NN_~NT~L ~GREEM~NT WITH OREGON DEPT. OF
TRANSPORTATION FOR 8ERTBELT ~ MOTORCYCLE HELMET ENFORCEMENT
GRANTS.
Council Bill 1630 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 1630 passed unanimously. The Mayor declared the
bill duly passed.
2268
COUNCIL BILL 1631 - RESOLUTION DIRECTING THE PLACEMENT OF ~
STOP SIGN ON MARRENWAY AT THE INTERSECTION OF BROWN STREET.
Councilor Hagenauer introduced Council Bill 1631. Recorder
Tennant read the bill by title only since there were no
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COUNCIL MEETING MINUTES
May 8, 1995
objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kirksey declared
Council Bill 1631 duly passed.
COUNCIL BILL 1632 - RESOLUTION __WNT. ERING INTO ~N AGREEMENT WITH
THE CITY OF SA~N FOR UB~ OF SALEM SENIOR CENTER O~FICE BPaCE
BY Tw~ RETIRED SENIOR VOLONTEER PROGPJ%M.
Council Bill 1632 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 1632 passed unanimously. Mayor Kirksey declared
the bill duly passed.
COUNCIL BILL 1633 - RESOLUTION ~OTHORIZING ]%N AGREEMENT WITH
CH2M HILL FOR INSTA%L%TION OF POPL~%R TREE T~ST PLOT.
Council Bill 1633 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 1633 duly passed.
COUNCIL BILL 1634 - RESOL~TION AOTHORIZING ~N AGREEMENT WITH
CH2M ~!LL FOR INSTALLATION OF ~%N IRRI~TION SYSTEM RE~ POPLAR
TREE TEST PLOT.
Councilor Hagenauer introduced Council Bill 1634. 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 1634 duly
passed.
Attorney Shields stated that the City has just received the
final form of the agreement and signing of the agreement will
be contingent upon his final review of the document.
CONTRACT AW&RD - CITY H~nn HVAC SYSTEM (Bid #95-12).
Bids were received from the following vendors for the
replacement of the city Hall Heating, Ventilation, and Air-
Conditioning system: C.J. Hansen Co., Inc., $81,821; and Temp
control Mechanical, $158,445. The bid results included the
deletion of items 3, 5 & 7. Within the staff report, it was
noted that the consultlng engineer's estimate for the
replacement of the system was $72,000, however, after the bid
opening, the engineer's suggested that the low bid be accepted
due to the aCtive construction market. Staff concurred with
the engineer's suggestion and recommended that the bid be
awarded to C.J. Hansen Co., Inc..
JENNINGS/PUGH... delete items 3, 5, & 7 from Bid Proposal #95-
12 and award the bid for the remaining items to replace the
City Hall HVAC system to C.J. Hansen Co., Inc., in the amount
of $81,821.00. The motion passed unanimously.
Page 12 - Council Meeting Minutes, May 8, 1995
3A
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CLAIMS FOR THE MONTH OF APRIL 2995.
JENNINGS/PUGH .... approve voucher checks $26930 - 27240 for
the month of April 1995. The motion passed unanimously.
ST~F REPORTS.
A) Community Development Block Grant -- The City has been
awarded a Block Grant for housing rehabilitation in the amount
of $300,000. These funds, in addition to the $100,000
currently available in the Housing Rehabilitation Fund, will
be used primarily as loans to low and moderate income families
at a iow interest rate to rehabilitate owner-occupied homes.
Community Development Director Goeckritz stated that the Mayor
will need to appoint 5 individuals to the Loan Review
Committee, one of which could be Councilor Figley who is
willing to chair the Committee.
B) Library Parking Lot Construction - Administrator Childs
briefly reviewed the options outlined in the memo and he
stated that the basic design (Option 1) is estimated to cost
an amount close to the General Fund budgeted amount, option 1
will provide an additional 10 parking spaces while Option 2
will add another 3 parking spaces at an additional estimated
cost of $8,373. Option 3 provides for a mall-type effect
between the Library and City Hall at an even higher price tag,
however, it was noted that the Option i design can be expanded
in the future to accommodate the Option 3 design. After a
brief discussion on the options, it was the consensus of the
Council to hold this issue over to the next meeting and staff
will make a formal presentation at that time.
C) Background Information RE: Prospective Purchaser of the
Salud Building - Administrator Childs stated that Dan Berrey,
prospective purchaser of the building, will try to meet with
the Council at the May 22nd meeting but will certainly meet
with them on June 13th if he is unable to attend the May 22nd
meeting. A timeline of Mr. Berrey's due diligence process
prior to making a final decision on the purchase of the
property was provided to the Council for their information.
D) Sunday Library Hours - A memo from Library Director
Sprauer provided statistical information on circulation during
the DecemBer 1994 through April 30, 1995 Sunday Library hours.
The program will again begin either in September or November
1995.
E) Drop-Off Site for Mail-In Election Ballots - May 16th
State-wide Election.
F) Building Activity Report for April 1995.
Page 13 - Council Meeting Minutes, May 8, 1995
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3A
G) Community's Use of Radar Equipment - Chief Wright
encouraged members of neighborhood associations to check-out
the radar equipment when their is a perceived problem with
motorists speeding in residential neighborhoods.
Mayor Kirksey stated that she had attended a meeting at the
League of Oregon cities involving Mayors from around the area.
In regards to the Transportation Package, work is still being
done to try and get legislative approval of this package. She
encouraged the Councilors and the public to contact their
legislators to urge a favorable vote on this issue since, in
her opinion, it is a user tax and the additional revenues will
be used to fund major capital improvements locally and around
the State.
EXECUTIVE SESSION.
JENNINGS/PUGH .... adjourn to executive session 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 under the authority of ORS 192.660(1)(h).
The motion passed unanimously.
The meeting adjourned to executive session at 10:03 p.m. and
reconvened at 10:26 p.m..
Following the executive session,
JENNINGS/PUGH .... authorize the City Attorney to defend the
City on the Mar-Dene Corporation vs. the City of Woodburn and
devote such resources towards this defense as reasonably
necessary and continually report to the City Administrator and
city Council on the status of this litigation. For the
record, Mayor Kirksey stated that the Mar-Dene Corporation is
also known as Wendy's.
The motion passed unanimously.
ADJOURNMENT.
JENNINGS/HAGENAUER .... meeting be adjourned. The motion
passed unanimously. The meeting adjourned at 10:30 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 14 - Council Meeting Minutes, May 8, 1995
Executive Session
COUNCIL MEETING MINUTES
May 8, 1995
3A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MAY 8, 1995.
CONVENED, The Council met in executive session at 10:05 p.m. with Mayor Kirksey
presiding.
ROLL CALL.
Mayor Kirksey Present
Councilor Chadwick Present
Councilor Figley Absent
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Pugh Present
Councilor Sifuentez Absent
Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant,
Community Development Director Goeckritz, Public Works Director Tiwari
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.
City Attorney Shields provided the Council with information pertaining to a recent
lawsuit filed by Mar-Deen Corp. against the owners of Holiday Inn Express and the City.
ADJOURNMENT.
The executive session adjourned at 10:24 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
Page I - Executive Session, Council Meeting Minutes, May 8, 1995
3B
MINUTES
WOODBURN PLANNING COMMISSION
MAY 11, 1995
1)
2)
3)
4)
5)
ROLL CALL:
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Mrs. Warzynski Present
Mrs. Bjelland Present
Mrs. Davis Absent
Mrs. Henkes Absent
Mrs. Schultz Present
Mr. Salyers Absent
Mr. Finch Absent
Mr. Atkinson Present
Staff Present:
Steve Goeckritz, Community Development Director
Teresa Engeldinger, City Planner
MINUTES:
The Planning Commission minutes of April 27, 1995 were accepted as printed.
BUSINESS FROM THE AUDIENCE:
None
COMMUNICATIONS:
Staff told the Commission that a letter received by the Mayor stated that a
$300,000 grant was given to Woodburn for Housing Rehabilitation. It is
estimated that this will rehabilitate about 40 homes in the city. Under this
program about 127 homes have already been rehabilitated. No local tax dollars
were used to implement this program. Mr. Steve Martiniko, a housing rehab
specialist, will administer the program. Staff explained how the program
worked. He stated that Kathy Figley has offered to chair the Housing Rehab
Committee.
DISCUSSION:
A. Attendance Ordinance
PCM~cm5-11.95
SG:bw
3B
6)
7)
8)
There was discussion among the Commission. Staff stated that Commissioner
Finch had called and he was anticipating resigning.
REPORTS:
A. Technical Memorandum #4
Staff stated that the changes to the memorandum were small details. Staff
gave a quick overview of the memorandum.
There was discussion among the Commission and Staff regarding the I-5
Interchange area, driveway access to Hvvy 214 and Hwy 99E, a south bypass,
golf carts and pedestrian walkways.
B. Updated Land Use and Population Statistics
Staff explained the handout on land use and various population statistics.
BUSINESS FROM THE COMMISSION:
Commissioner Schultz let the Commission know that she would be out of town
from May 25th until June 10th, She asked if she could still get the packet for
May 25th meeting and if she had any comments she would forward them to
staff and the Commission,
ADJOURNMENT:
There being ilo further business the Planning Commission meeting adjourned.
PCM~pcmS-11.95
SG:bw
2
4A.1
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council
Mayor Kirksey
Appointments to Housing Rehabilitation Task Force
May 17, 1995
As the council is aware the city was awarded, through a grant from the Oregon
Economic Development Department, $300,000 for Housing Rehabilitation.
The City in turn will match that with $100,000 in rehab payback funds from previous
OEDD grants.
To oversee the expenditure of these monies I will appoint a five member Housing
Rehab Task Force. At this time I am submitting the names of four members.
For Chairman (Councilor) Kathy Figley
Member Walt Lawson
Member Barbara Pugh
Member (City Staff) Steve Goeckritz
4C.1
CITY OF
WOODBURN
270 Montgomery Street · Woodburn, Oregon 97071 · 982-5222
PKOCLAMATION
WHEREAS, May 22-29, I995, has been declared Buckle Up America! Week.
WHEREAS, motor vehicle crashes are the greatest single cause of death in the United States for every age from 5-32
years old;
WHEREAS, the h'ves of S, 344 front seat occupants over four years were saved by safety belts in 1993; and over 139,000
serious injuries were prevented;
WHEREAS, lap~shoulder belts, when used, reduce the risk of fatal injury to front seat passenger car occupants by 45
percent and the risk of serious injury by 55 percent, and in light trucks these risks are reduced even more, by 60 and
65 percent;
WHEREAS, alcohol-related fatalities peak during the summer driving season;
WHEREAS, one of the best defenses against the drunk or drugged driver is the use of safety belts combined with air
bags or child safety seats;
WHEREAS, those drivers who use their safety belts only on long trips or highway driving should know that three out
of four crashes occur within 25 miles of home;
WHEREAS, 48 states, the District of Columbia, Puerto Rico, and the U.S. Territories have enacted safety belt use laws,
and all 50 states, the District of Columbia, Puerto Rico, and the Territories have enacted laws requiring the use of child
passenger restraint systems;
WHEREAS, through continued public awareness, education, and enforcement of safety belt laws to increase usage,
death and serious injury can be significantly reduced;
WHEREAS, Buckle Up America! Week provides communities and organizations an opportunity to join together to work
toward increasing the correct use of safety belts and child safety seats by focusing public attention on the life-saving
benefits of these systems, automatic belt systems, and air bags.
Now, therefore, I Nancy Kirksey, Mayor, City of Woodburn, Oregon, in recognition of this national life-saving
opportunity, join with others across the country to proclaim our support for
Buckle Up America! Week
and encourage the community to observe the week with appropriate programs, ceremonies, and activities to increase
the use of safety belts and safety seats with the goal of increasing state use rates; to support the efforts of enforcement
agencies to increase compliance with state occupant protection laws; and to encourage part-time users to become full-
time users.
NANCY KIKKSEY~ lVLA.YOI~
cis/ Woo um
-. OREGON
, 000 oRn'
~11
~ II KEN WRIGHT, Chief of Police
4D.1
'Serve and Protect'
Date: May 11, 1995
To:
Mayor and City Council
Thru:
Chris Childs, City Administrator
Subject:
RSVP Volunteer Recognition - Virginia Fryberger
Upon the retirement from the Woodbum Police Department, I would like to extend our most sincere
appreciation and thank you, to Virginia Fryberger, a Woodbum Police Volunteer through the RSVP
Program. Virginia started volunteering with the Woodburn Police Department in 1990 and has
contributed hundreds of hours of dedicated service to the departments Records Division. Virginia is
a shining example of a person who truly believes in supporting her community through actions. The
Woodbum Police Department is very proud and honored to have Virginia a part of our department and
her presence will be missed.
~we~~C~b um PolihijfDepartment
cc RSVP
270 Montgomery St.
Woodburn, Oregon 97071
INCORPORATED 1889
Phone 982-2545
Fax 982-2370
Emergency 9- I - 1
8A
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
Budqet Hearinq - Fiscal Year 1995-96
May 18, 1995
The budget hearing scheduled for this evening (May 22, 1995) is for the
purpose of receiving public comment on the City's F.Y. 1995-96 budget. No formal
action is required on the part of the Council at the conclusion of the hearing; an
ordinance adopting the budget will be presented for Council action at a subsequent
meeting.
The approved budget was passed unanimously by the City's Budget Committee
on April 11, 1995. The Budget Summary and Notice of Hearing was published in the
May 3, 1995 issue, and the Second Notice in the May 10, 1995 issue, of the
Woodburn Indeoendent. This public hearing concerns the entire City budget, including
consideration of how State Revenue Sharing funds will be spent, as required by state
law.
This public hearing is also the appropriate opportunity for individuals or entities
outside of the city limits of Woodburn to comment on the F.Y. 1995-96 budget for
NORCOM, the independent 9-1-1 dispatch agency being created pursuant to
Intergovernmental Agreement. The Agreement provides that the NORCOM budget,
as presently included in the City of Woodburn budget, will be adopted upon formal
creation of NORCOM (anticipated to occur on or about July 1, 1995). For this
reason, on the advice of the Oregon Department of Revenue, concurrent but separate
hearing notices were published.
The 1995-96 budget is designed to maintain (or wherever possible, enhance)
the existing level of City services in respect to the continuing growth of the
community and the corresponding growth in demand for the services provided by the
City. A principal emphasis of the budget is to provide a balanced approach in funding
acceptable staffing patterns, necessary operating costs and priority capital purchases.
The total budget for all funds is $19,772,307. Total budgets for the principal
tax-supported funds are as follows: General Fund - $3,019,529 (of this amount,
74.3% represents public safety; police, dispatch, code enforcement); Transit Fund -
$139,057; Library Fund - $533,246; and Recreation & Parks Fund - $974,250. Other
fund totals are as described in the budget documentation.
8A
Page 2- 1995-96 Budget Hearing (5/18/95)
Local property tax support of the approved budget consists of the following
levy elements:
Tax Base -I- Annexation Value Increases
Library Continuing Levy
Rec. & Parks Continuing Levy
Levy Authority (Subject to Limitation)
Bonded Debt Levy (Outside of Limitation)
Total - All Property Tax Levies
$1,895,247
$509,983
~755.164
$3,160,394
~193.666
$3,354,O6O
Excluding the bonded debt levy, which falls outside of the Constitutional (Ballot
Measure 5) property tax limitation, the City anticipates actually being able to collect
some $2,565,254 of taxes levied, representing 81.1 % of the Levy Authority noted
above. The balance (18.9%) is lost to "compression" created under the Constitutional
limitation or to allowances for delinquencies and uncollectible taxes.
The estimated City tax rate for F.Y. 1995-96 (under the Constitutional
limitation) is $5.64 per $1,000 of assessed value. The combined effect of the
Constitutional tax limitation plus continued growth in values in the City represents a
steady decline from 1990-91 (the year immediately prior to passage of Ballot Measure
5), when the City's tax rate was $7.27 per $1,000 of assessed value. The 1995-96
rate for the bonded indebtedness levy is estimated at 36 cents per $1,000 of
assessed value.
Significant features of the Fiscal Year 1995-96 budget include:
- Funding for the first year's operation of the Woodburn Memorial Aquatic Center,
slated to open in late August or September.
- Addition of three Police Department community policing positions, funded in part
through federal "COPS" and "COPS Fast" grants.
- "Reactivation" of Housing Rehabilitation program to reflect successful application for
a Community Development Block Grant.
- Allowance for rate adjustments (subject to final action) necessary to finance debt
service connected with upcoming (federally mandated) Wastewater Treatment plant
and system upgrades.
- Early redemption of several outstanding bond issues to enhance City's bond rating
prior to issuance of new Wastewater Revenue Bonds. (Some changes in respect to
Page 3 - 1995-96 Budget Hearing (5/18/95)
8A
this matter, as well as several other minor items, will be recommended for inclusion
in the final budget adoption ordinance to be passed by the Council.)
- Creation and initial funding of a City Hall/General Fund Capital Improvement Fund.
- Internal restructuring of City Recorder/Finance Dept./Municipal Court budget
categories.
- Funds set aside for eventual construction of a Public Works Department consolidated
shop facility.
- Adjustments to reflect tentative creation of independent agency for 9-1-1 dispatch
services (NORCOM). Refer to 3rd paragraph, Page I for additional discussion.
- Updated topographical survey of City and Urban Growth Boundary.
- Reinstatement of "2 per year" rotation/replacement of Police Department patrol
vehicles (abandoned since 1990-91).
A considerable amount of detailed documentation concerning the F.Y. 1995-96
budget has been, and continues to be, available for public review. Staff is routinely
available to answer specific questions in regard to various budget components.
I wish to express my thanks to the members of the City's budget committee
for the many thoughtful hours they committed to reviewing the 1995-96 budget.
Likewise, I commend all of the City's department heads and other staff for the time
and effort dedicated to presenting well documented and sensible departmental
budgets, a process that initially began some four months ago back in January.
IOA
COUNCIL BILL NO. 1635
ORDINANCE NO.
AN ORDINANCE AMENDING THE URBAN GROWTH BOUNDARY OF THE CITY OF
WOODBURN TO INCLUDE 19.6 ACRES OF PROPERTY LOCATED WEST OF
INTERSTATE 5; ANNEXING SAID PROPERTY INTO THE CITY OF WOODBURN;
AMENDING THE CITY OF WOODBURN COMPREHENSIVE PLAN MAP FROM MARION
COUNTY 'PRIMARY AGRICULTURE' TO CITY OF WOODBURN 'INDUSTRIAL';
AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY
'EXCLUSIVE FARM USE' TO CITY OF WOODBURN 'LIGHT INDUSTRIAL"; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the Applicant, Davidson Farms, Inc., owns 19.6 acres of property
located west of Interstate 5 and described more specifically in Exhibit 'A' which is
attached hereto and incorporated herein, and
WHEREAS, the Applicant has filed an application to amend the City of
Woodburn's Urban Growth Boundary to include said property, to annex said property
into the City of Woodburn, to amend the City of Woodburn Comprehensive Plan Map
from Marion County "Primary Agriculture' to City of Woodburn 'Industrial" and to
amend the City of Woodburn Zoning Map from Marion County "Exclusive Farm Use"
to City of Woodburn "Light Industrial"; and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
February 23, 1995, and granted said application, and
WHEREAS, the City Council conducted a hearing on March 27, 1995, and
directed staff to prepare Findings of Fact and Conclusions of Law in support of the
approval of said application; and
WHEREAS, Findings of Fact and Conclusions of Law have been prepared and
are attached hereto and are incorporated herein as Exhibit 'B"; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Davidson Farms, Inc. and is
described specifically in Exhibit 'A", which is attached hereto and incorporated herein.
Section 2. That based upon the Findings of Fact and Conclusions of Law set
forth in Exhibit 'B", the Urban Growth Boundary of the City of Woodburn is hereby
amended to include the subject property.
Page I -
COUNCIL BILL NO.
ORDINANCE NO.
10A
Section 3. That based upon the findings contained in Exhibit "B", the subject
property is hereby annexed into the City of Woodburn.
Section 4. That the Woodburn Comprehensive Plan Map is hereby amended
as to the property described in Exhibit "A" from Marion County "Primary Agriculture"
to City of Woodburn "Industrial", based upon the findings contained in Exhibit "B".
Section 5. That the Woodburn Zoning Map is hereby amended as to the
property described in Exhibit "A" from Marion County "Exclusive Farm Use" to City
of Woodburn "Light Industrial", based upon the findings contained in Exhibit "B".
Section 6. That approval of this application is conditioned upon no building
permit being issued on the subject property until the City's Transportation System
Plan is completed and adopted pursuant to OAR Chapter 660, Division 12.
Section 7. This ordinance is effective upon formal approval of the above-
described Urban Growth Boundary Amendment by the Marion County Board of
Commissioners pursuant to the terms of the Urban Growth Boundary Agreement
signedApprovedbY theas toCitYform:~and adopted.~,~~by Ordinance No. 2021. ~~/~...
City Attorney
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO.
ORDINANCE NO.
Exhibit "A"
Page I of I
DESCRIPTION
A parcel of land lying in the Southeast 1/4 of Section 11, the Southwest 1/4 of Section
12, and the Northeast 114 of Section 14 of Township 5 South, Range 2 West of the Willamette
Mericrmn, said parcel also being a portion of Thomas Roy Heirs Donation Land Claim · 82
' and the Moses Lore Donation Land Cla!m · 61, said Township and Range, said parcel being
more particularly described as follows:
Beginning at a brass cap set in concrete maddng the Northwest corner of the
A. Dtd3ob D.LC. · 98. said Twp. and Rng. and run thence South ~'32'
West 950.12 feet to a 1/2' iron rod set on the Northwesterly right-of-way line of
5/8' iron rod set by the Or~ State Highway Dept.; thence continuing along
said line South ~'00' WeSt 1532.42 feet to a 5/8' iron rod being the TRUE
POINT OF BEGINNING;
thence continu'a~j along said right-of-way line of said I-5 South 37~28'00' West
627.84 feet to a 5/8' iron rod set by said OSHD; lttence continuing along said
line South 37'28'(X7' West 1269.08 feet to the Westedy rme of that certain parcel
conveyed to Harry T Voodees by deed recorded in Volume 266, Page 568,
Dccd Records of Marion County', Oregon; thence along said Westedy line
North 01°43~2' East 1539.83 feet to a 5/8' iron rod; thence South 88'1~
East 1108.39 feet to the TRUE POINT OF BEGINNING. all in Marion County,
Oregon.
This parcel contains 19.6 ac~es, more or less.
IOA
Exhibit 'B"
Page I of 23
Exhibit A - Findings and Conclusions [Davidson Farms, Inc.]
IOA
I. Nature of the Application:
This decision contains four interrelated land use actions. The first is an amendment to the
Urban Growth Boundary (UGB) for the City of Woodbum to bring the subject property inside the
boundary. The second is annexing the property into the corporate limits of the City of Woodbum.
The Third is designating the parcel as Industrial in the comprehensive plan. The fourth and final
action is actually rezoning the subject property to Light Industrial (IL).
II. History of the Application:
A duly completed application was received by the City Planning Department in November,
1994. Staff analyzed the proposal and received comments and information from other agencies and,
based upon that review and analysis, recommended that the application be approved.
A public hearing before the Woodbum Planning Commission was duly held on February 23,
1995 in which additional information and testimony was received. At the close of this heating the
Woodbum Planning Commission unanimously voted to recommend that all parts of this application
be approved as submitted.
The matter was submitted to the City Council for their review of the Planning Commission
recommendation. On March 27, 1995 the council duly held a public hearing on this application,
which hearing was then continued until April 10, 1995, at which time the record in this matter was
duly closed. At the conclusion of the public hearing, the Woodbum City Council unanimously voted
to approve all parts of this application as submitted.
During the open record period before the City Council, representatives from the applicant
and city staff met with staff from the Department of Land Conservation and Development (DLCD)
and the Oregon Department of Transportation (ODOT) to discuss the case. DLCD suggested that
additional information should be supplied about the possibility of converting other lands already
inside the UGB to industrial use. The applicant thereafter commissioned an exhaustive study of such
possibility, which study was submitted to the city and included in the record of this case.
In addition, DLCD staff encouraged the city to focus on the industrial land based need
approach to justification of this decision, rather than on the potential benefit to the city in siting its
split diamond interchange. Since the city is currently in the midst of reviewing its own
Transportation Plan, and given the very strong evidence throughout the city of the true need for
additional industrial lands as shown by the applicant in this case, it was agreed that the primary basis
for this decision would focus on industrial land need, rather than the benefits to the city from
Page 1 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit 'Bm'
Page 2 of 23
allowing an alternative site for placement of the southern by-pass of the proposed split diamond
interchange.
Also during the preparation phase of this application numerous meetings were held between
the applicant and city staff and ODOT, as well as with private traffic engineers regarding all aspects
of this proposal. ODOT has indicated on numerous occasions that they do not object to the land use
nature of the application.
Ill. General Findings, of Fact
The following findings of fact relate to general features of the land and surroundings and
apply in general to all aspects of this case.
The subject property is 19.6 acres in size and is triangular in shape. The parcel is the
southern tip of a contiguous tract owned by applicant, the total acreage of the combined
ownership is 88.38 acres. The 68.8 acre tract within the UGB will be referred to herein as
the "remnant parcel". The land is generally flat, however a drainage ditch traverses the
length of the property from north to south. Although the ditch is somewhat lower in
elevation from the remainder of the site and is bermed to some extent, the site has been
delineated and found to not contain any jurisdictional wetlands.
Thc subject property is bounded by Interstate 5 to the east, industrial land to the north and
agricultural land to the west. Since the property is a triangle whose tip lies to the south, there
is no use identification for that direction. Beyond the industrial land to thc north lies
Highway 219. Thc north edge of the subject tract borders the city limits of Woodburn and
the Woodbum UGB.
Sole access to thc site is from Hwy 219 across the applicant's remnant parcel from the newly
constructed extension of Woodland Avenue. Without the joint ownership by the applicant
of the parcel directly to the north, the subject property would be landlocked.
o
The subject property is currently zoned EFU (exclusive farm use), and is designated Primary
Agriculture in the Marion County Comprehensive Plan.
The land around the subject property is a mixture of zones and uses. To the south and west
are EFU zoned lands. To the north is the remainder of applicant's property, which is located
inside the UGB, designated Industrial in the Woodbum Comprehensive Plan (WCP) and
zoned IL. To the east of Interstate 5 is a large area designated commercial in the WCP and
zoned for commercial retail uses. Wal-Mart is located in this area, as will be the newly
approved Capital Development Corporation's factory mall outlet.
A soil study was performed on the site by Scoles and Associates. The study revealed that
the subject property consists of Woodbum silt loam, Amity silt loam and Dayton silt loam.
Page 2 - Findings and Conclusions (Daviclson Farms, Inc.)
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Exhibit "B"
Page 3 of 23
IOA
The Woodbum and Amity series soils are considered moderately well and somewhat poorly
drained respectively. The Dayton soil is considered poorly drained, unless drained (by
ditching, for example). Dayton soils are not considered suitable for farm uses. Due to the
size, shape, soil types and the drainage ditch across the subject property, it has not been
successfully fanned. A cover planting of rye grass has been maintained in order to keep the
weeds from growing and contaminating the adjacent lands.
The subject property is not a profitable farming parcel. Its mixed soil composition makes
it difficult to grow a profitable crop. The triangul,ar shape of the parcel; the location of the
ditch bisecting the property; and the presence of the high voltage transmission lines along
the entire eastern border make it practically impossible to maneuver normal farm equipment
on the site. The location of the site adjacent to Interstate 5 eliminates certain customary
farming practices, such as field burning, which further make the parcel unsuitable for
commercial farming.
o
In addition, this area can not be integrated into other farms. The only other farming activity
takes place on the west leg of the triangle. The subject parcel simply does not have good
enough quality soil, in sufficient amounts to warrant the expense of acquisition, or the
additional expense required to even try farming it commercially with the adjacent land. The
freeway is contiguous along the entire east leg of the triangle. On the other side of the
freeway is a large area that is inside the city limits and is zoned for commercial use. On the
north leg of the triangle is the remnant of the applicant's property which also is inside the city
limits and is zoned for industrial use. Therefore these two areas can not and will not
integrate this area into a useable farming tract. Finally, the parcel could not be commercially
farmed as a stand alone unit, which was farmed by someone who farmed in the area, but not
on contiguous ground. The primary reason is lack of suitable access. The only access to this
area is through industrial land. Access would come off Highway 219 at Woodland Avenue.
It is highly unlikely that any farmer would risk the traffic congestion movement of farm
equipment in this area. In the event Woodland Avenue is not further extended from its
present location to the subject property, the 19.6 acres is landlocked entirely.
IV. Specific Findings and Conclusions on Need for Industrial Lands
In 1980, the city adopted a comprehensive plan, which was acknowledged by DLCD. At
the time of adoption of that plan, the city designated a total of 548.5 acres for industrial
development. At this time, excluding the applicant's property, only 57.03 acres of
developable land remain in the city to satisfy its current and future need for industrial land.
10.
The city, on average, is currently utilizing 55 acres of industrial development per year. This
leaves an immediate need for about 110 acres in the next two years. This average absorption
is considered a good indicator for industrial land needs in the short term, given the
population increase in the city; and the depletion of industrial lands that have occurred in the
past several years. The long term industrial lands needs of the city will be addressed during
Page 3 - Findings and Conclusions (Davidson Farms, Inc.)
11.
Exhibit 'B'
Page 4 of 23
the next periodic review of the entire Woodburn Comprehensive Plan and implementing
ordinances. The findings and conclusions here are intended to only address the immediate
short terms needs of the city.
The proposed modification of the boundary to include 19.6 AC will not completely satisfy
the short term industrial needs of the city. However, it is a good start. This UGB amendment
will assure that the applicant's prime industrial acreage (the remnant 68.38 acre tract) is made
large enough (87.98 acres) to accommodate a variety of different industrial uses, without
being compromised by other circumstances that .,are beyond the control of the property
owner. By reconsolidating the parcel into one cohesive developable tract, the city adds not
only the 19.6 acres to its inventory, but the 68.38 acre parent tract becomes a much more
viable tract for development to meet the immediate short term need for industrial land. At
87.98 acres, the tract's size and useable shape improves greatly, and brings the available
lands total to 145.01 acres. This will now provide one large cohesive parcel for a single
industrial user, or a small to medium sized industrial park, which currently is not available
in the city.
Although the 19.6 acre parcel falls below the pure size requirement of the conversion lands
study performed by the applicant, its inclusion is consistent with the findings of that study
which looked at smaller parcels which could be joined together to make a larger tract of
sufficient size. See in particular the discussion of size requirements on page 2 of the
"Definition of Industrial Lands" section, where it is stated that smaller parcels may qualify
for the 50 acre minimum if they are contiguous and under one ownership. In addition, two
or more smaller parcels owned by different people could still qualify for the 50 acre
minimum if it seemed advisable for the smaller parcels to be amalgamated for development
purposes.
In this case, the 19.6 acres is actually a part of the larger tract; is under one ownership and
makes up a tract of almost 88 acres when viewed together. This identical analysis was
employed throughout the conversion lands study. See in particular the following parcels all
of which which were considered as one cohesive tract for conversion analysis purposes:
parcels 6, 7 and 8 in Sector 1; parcels 14, 15 and 16 in Sector 2; parcels 33 and 34 in Sector
3; parcels 35 and 39 in Sector 3; parcels 41, 42 and 43 in Sector 4; parcels 52, 53 and 54 in
Sector 4; parcels 48 and 49 in Sector 4; parcels 65 and 66 in Sector 5; parcels 63, 64 and A
in Sector 5; and parcels B and C in Sector 5. In the analysis of all of these parcels, the best
light possible was given to whether or not it was possible to utilize these smaller tracts, either
together with contiguous tracts under the same ownership or by amalgamating with other
adjoining owners.
It is important to point out that the subject property is the only parcel in the city that was split
zoned, but still one tract. It is also important to note that aside from parcels 41, 42 and 43
in Sector 4, no other tracts in the city were contiguous to industrial lands as the subject parcel
is.
Page 4 - Findings and Conclusions (Davidson Farms, Inc.)
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12.
13.
Exhibit
Page 5 of ~73
WCP Article IX, C I requires the city to maintain a sufficiently large enough industrial land
base to provide for industrial growth in the city to accommodate the residential growth
expected. The WCP projects the city's population in the year 2008 to be 18,000. A recent
Portland State study has indicated that the city will reach a population of 18,.000 sometime
in early 1999. By the year 2008, the city's residential population will be 20% higher than
projected. This data indicates that the demand and need for industrial land will be even
larger than the current average consumption of 55 acres per year.
Industrial parks are the preferred form of industrial growth in the city according to the
comprehensive plan. It is highly unusual to find ~an industrial park on less than 50 acres.
Most parks are well in excess of 100 acres. Excluding the applicant's property, the largest
currently designated industrial site in the city is only 17.95 acres in size. When the 19.6 acre
parcel is joined with its parent parcel, a cohesive tract of almost 88 acres is left. This is large
enough to accommodate a small to medium size industrial park.
It is customary for industrial parks to have one main access route through it, and the presence
of such internal road systems does not harm the park. On the contrary, good internal access
is a must. An industrial park by its very nature consists of several unrelated industries joined
together in one area; served by one access system; all on the same public utilities; and each
providing buffering and compatibility for the other. It is not unusual for an industrial park
to have different "cells", or smaller compartments within the overall park design. For
purposes of the conversion lands study, as well as here, the size requirement is a gross
acreage number, including all of the "cells" and street systems necessary to serve the park
users.
The total park size that would be involved on the subject property is almost 88 acres. This
is large enough to allow for land loss for internal roadways, buffer areas, unusable comers
and yet to still allow a workable size industrial development. Consideration of potential
future land loss is important on this site because of the on-going discussion between the city
and ODOT, and during the up-dating of the Woodbum Transportation Plan, a potential
transportation facility is being considered somewhere on or near the subject property.
While this application itself is not concerned with what might happen with the transportation
plan, since there are evidence and findings that this site can operate within acceptable
standards using only existing facilities, it is important to view potential impacts that could
result if a new transportation facility was sited on this site. Some land loss is inevitable if
a transportation facility is built on this land. The amount of the loss, and the impact thereof
is best left up to the transportation planning process, as anything here would be pure
speculation. However, a few things are known at this time.
First of all, if the existing over-pass facility is rebuilt and reconfigured, the impact on the
subject property would be very limited. Few if any acres would be lost, and the contiguity
of the site would be retained s° that there would be essentially no design limitations. If the
Page 5 - Findings and Conclusions (Davidson Farms, Inc.)
IOA
Exhibit "B"
Page 6 of 23
IOA
south by-pass configuration of the split diamond is selected, its preferred location is on the
tip of the triangular portion of the subject property. This location has been found by the
traffic engineers to be a workable location, and one that is their first preference. If this
location is selected, there remains about 70 gross acres left in the industrial park. Eighteen
acres are lost in this scenario. About 12 acres are lost to the by-pass itself, and 6 acres of
land that will be segregated from the remaining industrial land. Effectively this loss is more
in the area of 10-12 lost acres, as the 6 acre site is the very tip of the parcel's triangle and has
little contribution, outside of parking and storage to the larger parcel if kept together in any
event. :..
If the south by-pass is constructed, the "cell" sites left are very suitable for many different
kinds of industry that would typically gravitate toward an industrial park setting. Even
considering that Woodland Avenue will bisect the remnant, Woodland will simply act as the
major access route, and can be worked into the design of the park. Under the current
discussed potential location of the south by-pass, thc Woodland fight of way will remove
about 7 acres of land, leaving over 24 acres on the northwest side of the street, backing up
to HWI which is about that same size, making an integrated tract there for industrial use of
almost 50 acres net. In addition, 38.8 acres in a nice rectangular shape will remain on the
southeast side of the street. Together this park, with HWI as its anchor, would be large
enough to allow an industrial park, and the contemplated "cell" sizes are large enough to
allow a small to medium size industrial use such as HWI, or to be partitioned into smaller
sized parcels if the future need demanded it.
Other impacts associated with thc land loss, including what restrictions, if any, should be
placed on land-locked remnants, are best left up to the Transportation Planning process.
14.
In addition to industrial parks, which generally fulfill thc need for smaller parcels, by smaller
industries, there is a need to provide for a diversity of available lands to attract other larger
industrial users. Most large industrial users will need a minimum of 50 acres, many will
require even more acreage. The Target regional distribution warehouse recently selected a
site in Albany that is well over 100 acres in size. High tech firms, many of whom have been
recently sited in the Portland, Tigard, Beaverton and Tualatin areas, routinely require a
minimum of 100 acres in order to be competitive. An example of the need for land in the
high-tech industry is Siltec in Salem. This business originally sited in the Salem Industrial
Park on 18 acres. As the market grew, and after initial expansion, it had no room for further
expansion on site. $iltec was then forced to expand at a different location, where it recently
purchased 50 acres outright and acquired an option on another 25 acres. Even with a total
of 93 acres, the company is at an economic disadvantage because of the inefficiency in
having two different operatlon locations. In addition to the §iltee and Tarllet examples, the
Oregon Economic Development Department provided a list of recent market activity (dated
March 27, 1995) showing nine other examples of industrial site acquisition, the smallest of
which was the Siltec expansion. Other examples included 200 acres in Hillsboro for thc
Seaport property; 80 acres in Salem for Westpac Industrial; two parcels in'the Albany-
Page 6 - Findings and Conclusions (Davidson Farms, Inc.)
Exh'i b'i'l: "B"
Page 7 of 23
Millersburg area, one for 105 acres and another for 110 acres; Corvallis 300 acres for River
Park South; a 300 acre site in Lebanon for Tektronics; and three sites in Springfield, 124
acres to MeKenzie/Gateway, 200 acres to Willow Creek and 150 acres to Green Hill.
15.
Woodburn's own experience, both in actual development over the years, and its counter
inquiries is that minimum industrial park sizing must be at least 50 acres. This sizing allows
adequate parking, on/off loading, industrial security, buffering, storage, room for expansion
and a sufficient building envelope.
16.
The applicant has conducted three industrial lands ~tudies of the Woodburn area. The first
is a study of existing available industrial land inside the UGB. The second is a study of lands
outside the UGB to determine where the best area for UGB expansion might be. The final
study was of all other lands inside the UGB to determine if any other lands could or should
be converted from other uses to industrial uses. These studies confirm the city's belief that
there is an extreme shortage of industrial lands now existing in the city; that the West
Woodburn area is the only viable location for expansion; and that no other areas already
inside the UGB are suitable for conversion to industrial use. Unless stated otherwise herein,
the findings and conclusions contained in those reports are adopted by the city in total.
V. Additional Findings and Conclusions
The following Additional Findings and Conclusions are hereby adopted by the city in support
and justification for its decision in this ease.
A. COMPLIANCE WITH COMPREHENSIVE PLAN CRITERIA:
Sections 1 and 2 of Chapter XIII of the Woodburn Comprehensive Plan require that any
change thereof comply with the goals, polices 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.
1. Industrial 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-6 encourages the industrial park concept as the most desirable
form of industrial development.
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Page 7 - Findings and Conclusions (Davidson Farms, Inc.)
Exhi bi t "B"
Page 8 of~ 23
Each of these policies is satisfied by this application. As clearly indicated in the inventories
of 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 no one single large tract
remaining (aside from the applicant's) for which an industrial park campus type development is
available.
Industrial developments want neat, clean packages. There are a tremendotks number of other
communities, including Wilsonville, Tigard, Salem, Eugene and Medford that have large inventories
of industrial lands to compete with the City of Woodbum i,n, obtaining new industrial lands. Those
communities offer incentives by way of reduced pricing, tax breaks and waiver of development fees
in order to attract industry. Woodbum is unique in that its location allows it to successfully compete
for businesses and industries without offering those incentives.
It is imperative that this City increase its base of industrial land in order to meet the needs
of its growing population and to maintain a vital and healthy business community. This application
does that in a number of ways.
2. Annexation Policies:
This application includes a request for annexation of the 19.6 acre parcel. Annexation Policy
D-1 provides that it is important for the City to have enough available vacant land to meet the
necessary development anticipated in the City. As a general role, this policy requires a five year
supply of vacant land to meet the City's needs. Annexation should be done judiciously in order to
avoid inefficient sprawling development.
This application satisfies these very important land use policies. As indicated above, and as
demonstrated in the inventory analysis, the City currently does not have a five year supply of vacant
available industrial land. Therefore, the addition of this parcel, which will provide for the more
efficient use of the Davidson industrial park, directly meets the needs expressed in the annexation
policy.
This application does not involve inefficient sprawl. Simply by looking at the map, one can
see that the addition of this triangular piece serves to "square up" the boundary in this area. Public
services are already at the Davidson property.!
3. Public Service Goals and Policies:
This section of the comprehensive plan generally sets forth the goal of the City of Woodbum
to provide adequate public services to developable lands in the City. Public services include sewer,
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XMr. Davidson led fl~e private sector, contribution for improvements to the sewer and water syst,em to serve this
entire area, including HWI.
Page 8 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit
Page 9 of 23
IOA
water and storm drainage. See specifically goals H-1 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 o£these
services.
As indicated previously, the applicant here was instrumental in bringing public services to
west Woodburn including bearing a significant portion of the cost thereof. Those public facilities
are now on the applicant's property making the 19.6 acre parcel fully served.
4. Transportation Goals and Policies:
Section I of the Comprehensive Plan sets forth the transportation goals and policies of the
City of Woodburn. Several of these policies are directly applicable here.
It is the goal of the City of Woodbum to provide a safe, effective a~ efficient transportation
system that will accommodate traffic at a level projected for the year 20,00'. Unfortunately, given
the unexpected rapid growth rate in the City, many of the general projections in the Comprehensive
Plan have become obsolete. Transportation planning is one of the areas hardest hit.
Adding additional industrial land at this location will not adversely affect the level of traffic
at Woodland and Highway 219, which is the sole access point for the subject property. The city
adopts the findings and conclusions of Mr. David G. Larson, traffic engineer, set forth in his letter
of March 27, 1995, in which he concludes that the potential use of the subject property for industrial
use will satisfy the provisions of OAR 660-12-060(1)(a-e) and (20 (a-e), and that the level of traffic
generated by the additional developments that might occur thereon, even without any major traffic
facility improvements in the area, still meets the requirements of OAR 660-12-060(2)(d)2.
5. Growth Goal:
According to Comprehensive Plan Goal J-l, it is the City's plan to grow to approximately
18,000 by the year 2008 and that such growth should be accompanied by the provision of necessary
public services. This application satisfies this goal.
By providing additional industrial lands, jobs will be created so that the increase in
population will have work close to home. By approving this application, 19.6 acres of industrial
land will be added to the City, and assuming a workable transportation plan is adopted, the design
capabilities ora 68-acre industrial park are preserved as well. This is the last large industrial piece
in the City. The City has hopes of attracting a campus-type industrial park development, and this
is the only parcel in the City that can accommodate that type of development.
2See the additional findings and conclusions regarding the lack of impact on traffic facilities byShis application
in the later section hereof dealing with compliance with Goal 12 (Transportation).
Page 9 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit "B"
Page IOof 23
An industrial base is needed to support the amount of population growth anticipated by the
comprehensive plan. Therefore, it is absolutely imperative that the City provide a sufficient base
of industrial land to provide jobs, and a business oriented tax base to keep this community vital.
There are no costs associated to the public with this application. As noted above, all public
services are already to the site. Public services were planned and built to serve the Davidson large
industrial parcel, and the addition of this tract can be served by those existing facilities.
6. Growth aod Urbanization Policies:
The Woodbum growth and urbanization policies are essentially a summary of several other
City goals. These policies provide that growth should be allowed only in those areas where there
are public services, or where public services can be phased in pursuant to a master plan, and funded
either by the developer or by accumulated systems development changes. In addition, since this
application involves expansion of the urban growth boundary and annexation, there is a coordination
requirement with Marion County.
This application satisfies this goal. The subject property is part of a larger industrial tract that
is already served with all public services. Pursuant to the requirements of the Intergovernmental
Agreement, Marion County must review and sign-offon this application before it becomes effective.
Conversion of the subject property from its current unproductive status to becoming an
industrial site makes good sense. This conversion process is at the very heart of this application.
Moving unproductive land of small size and odd shape; without the commitment of public funds or
resources; and with the end product of removing a cloud from a 68-acre industrial park and freeing
up 19.6 acres of prime industrial land for a city that is in critical shortage of such lands satisfies this
policy and provides a short term window of opportunity for the city to work on a long term solution
to the shortage of industrial lands in the City.
Policy K-10 provides that the City strive to enhance the livability of the urban growth area
by promoting logical and orderly development within the UGB in a cost effective manner. The
minor readjustment of the boundary involved herein does promote the logical and orderly
development of this community. The current location of the UGB zigzags back and forth along the
applicant's property without reason. By bisecting a single owner parcel, the current location of the
UGB even violates the plan's directive that zone and plan boundaries follow property lines and
geographic boundaries. In this case, there is no geographic boundary to follow~ and the boundary
bisects a single owner parcel, all in violation of the Comprehensive Plan. This application would
correct that anomaly by squaring up the boundary and allowing it to follow property lines.
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aSuch as a river, creek, canyon, hill or bluff.
Page I0 - Findings and Conclusions (Davidson Farms, Inc.)
7. Public Need:
Exhibit "B"
Page 11 of 23
IOA
There must be a finding of "public need" prior to the approval of any change in the
comprehensive plan. Public need is determined using an "inventory based" method of study and
determination. This determination doesn't mean "public" versus "private" need, as the private
owners desire to convert a single owned piece of property may very well satisfy the "public" need
under this definition.
In this determination, the community as a whole m~t 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 parcel 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.4
The industrial lands inventory for the City of Woodbum shows very few acres of available
industrial land remain. With approximately 13 years let~ for growth within the planning period, the
current industrial land base is clearly not sufficient to meet demand. Industrial land has been
gobbled up in this City much faster than what was originally anticipated.
The reason for this surge in demand for land throughout the City of Woodburn is the
population explosion that has occurred, outstripping all projections contained in the comprehensive
plan. A recent population survey was conducted by the Portland State Population Research Center.
This study shows a current population of 15,232, up fi.om the 1990 census population of 14,055, and
almost at the projected population for the entire comprehensive plan period (2008). In other words,
Woodburn's population has grown faster than anyone projected, and the comprehensive plan has not
kept pace by providing needed lands to satisfy this growth.
One of the 'primary problems of the existing inventory of industrial lands in the City of
Woodbum is the lack of any large tract parcels. The industrial land base inventory shows the largest
available parcel, excluding the applicant's is only 17.95 acres in size, and the average size of
available parcels is just over 6 acres. Of the 17 available parcels, 6 are 3 acres or under; 6 are over
3 but under 10 acres; and the other five are between 10 and 18 acres in size.
This small tract availability limits the types of industrial uses that can site in the City of
Woodbum. Many industrial uses require well in excess of 20 acres of contiguous land for plant,
parking, storage and necessary setback and buffer areas. Currently in the City of Woodbum, no
industry of this magnitude can site because there simply is not an available parcel to build on.
4The Woodbum Comprehensive Plan is intended to provide the land use planning guideline for this community
through the year 2008. See page 1, Woodbum Comprehensive Plan.
Page 11 - Findings and Conchtsions (Davidson Farms, Inc.)
ExhibJt #B"
Page 12 of 23
As previously mentioned, the remnant Davidson Farms parcel is available, however as soon
as a potential industrial user looks at the map and sees the property cut in two by the current
potential location of the south bypass, and the uncertainty that causes the property by way of
potential future use restrictions and limited size availability, the developers refuse to consider the
parcel further. This decision to look elsewhere is completely understandable. Hundreds of
thousands of dollars will be spent on a property for public improvements such as streets, and site
improvements, and it is imperative to a developer that there are no future uncertainties. Adding the
19.6 acres will give flexibility in siting a transportation improvement while still leaving a sufficiently
large industrial parcel.
Davidson Farms constructed the Woodland Avenue extension at its sole expense, among the
many Other financial contributions it has made to the west Woodbum infrastructure. The highest and
best use for the Davidson Farms property is undoubtedly for a campus-type industrial park
development. By market standards, a campus-type industrial park requires a minimum of 50 acres
to be economically and practically feasible. There are no areas left in the City which are large
enough to accommodate this type of industrial park except the Davidson Farms parcel.
In discussion with DLCD staff, it was requested that additional information be generated as
to whether or not non-industrials areas inside the UGB could be converted to industrial use. The
applicant undertook this study, and its findings again confirmed the belief that no other area in the
city is suitable for conversion from some other use to industrial uses.
To determine whether any property not currently zoned for industrial use may be rezoned to
alleviate the shortage of industrial lands within the UGB, a working definition of "industrial lands"
was necessary. The applicant in conjunction with staff, consultants and other professionals
developed a definition of what qualities and characteristics were necessary in a piece of property to
make it suitable for conversion to industrial lands.
The elements involved in siting industrial land that were considered as a part of this
definition, in summary form include the following:
ao
Size - The size of a parcel, or contiguous parcels under one ownership or able to be
amalgamated, should be 50 acres or greater.
bo
Sha~ - The shape of a parcel, or area, must be generally square or rectangular, or be
partitioned into such a shape, or be large enough to provide an appropriate size
square or rectangular area upon which to site the industrial development.
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SThe applicanfs original study included only an analysis of lands that were designated for industrial use inside
the Woodburn UGB, and did not review any'other category of lands.
Page 12 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit "B"
Page 13 of 23
Environmental Concerns - There must be no environmental limitations on the site
that would inhibit development. Particularly of concern are floodplains, fill areas,
wetlands, slide areas, and hazardous material sites.
Topography - The area must be generally fiat, with no abrupt features, and no need
for significant cuts or fills in order to be developed.
eo
Access/Arterials only - Access to the industrial area must be well oriented to major
transportation routes, without the need to u,tilize local, residential or collector streets
for either business, truck or employee traffic. The only two major arterials for this
area are I-5 and 99W.
Access/Perimeter only - Access to the site should be on the perimeter of the area,
leaving the entire area as one contiguous developable tract. Cross streets through the
parcel are to be avoided, unless the through street is an arterial with sufficient ability
for improvement, and which can be integrated into a workable industrial facility
design.
Location - The location of an industrial area should be such that it is reasonably
compatible with its surroundings, and with neighboring uses. Industrial land shall
not abut single family residential areas, dedicated parks or schools. Industrial lands
should be buffered by area separation, natural vegetation or landscaping. Where
possible, industrial uses should be separated from residential areas, dedicated parks
and schools by commercial uses or an area of mixed uses (which could be a mixture
of high density residential and commercial uses).
ho
Public Services: - An industrial area must either have all public services already in
place, or otherwise be readily available. Public services in this context include
sewer, storm drain, water, electricity, natural gas and telephone. All services must
be sized to accommodate industrial use in order to qualify for availability.
Using these elements, a working definition was developed that could be applied to parcels inside the
UGB to determine if lands not currently designated for industrial use could be converted to industrial
use, thereby avoiding the need to expand the UGB at this time. This definition, which the City
hereby adopts and endorses, is as follows:
"Industrial lands are lands that are of sufficient size and shape to allow siting of a
variety of industrial type uses. These lands need to either already be served by
public services, or are lands which can be economically serviced To be considered
for industrial use, lands must not have significant developmental limitatiOns such as
topography, presence of floodplains, slide areas or fill material. Industrial lands
should be situated in such a way as to allow maximum ease in access to major
transportation routes, but avoid the impacts on local, collector and arterial S~reets.
Page 13 - Findings and Conclusions (Davidson Farms, Inc.)
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Exhibit
Page 14
,,B~
of 23
Imhtstrial lands shouM be sited, 10 the extent possible, away from residential and
public uses, and should be clustered in cohesive groups on the fringe areas of the
community. When it is necessary, the industrial use should be significantly buffered
from residential and public areas by intervening transition uses such as commercial
or mixed use areas."
This definition was then applied to every area and vacant or underdeveloped parcel inside
the UGB regardless of its current plan designation. The result of that study, which the City endorses
and adopts as its own, is that there are no lands that canrbe converted to industrial lands. Even
considering discretionary allowances to certain parts of the definition for conversion, the best that
can be accomplished would be to meet the very short term needs of the City (through perhaps the
year 2000), and only then with lands that have significant drawbacks to their use for industrial
purposes, and this is assuming that the owners of those parcels would allow conversion, and that
neighborhood opposition, or any one of a number of other problems did not stop the conversion.
In summary, there is a desperate need for additional industrial lands in the City of
Woodburn. Not only is there a shortage of lands period, but there is also a shortage of large size
parcels suitable to accommodate a variety of industries. If the City of Woodbum were to "stand pat",
more than half of the industries looking for new locations would be precluded from coming to
Woodburn simply because there wasn't either enough land or a single tract large enough to
accommodate them. This is what creates a true land use "public need" for an application of this sort
that not only adds industrial land to the inventory, but frees up existing industrial land so that it can
be used for its intended purpose.
8. This Land Best Suits The Public Need:
Land proposed to be added to the inventory must be considered the land best suited to meet
the public need found in the above-referenced criteria. Based on all of the inventory data presented
in this case, the subject property satisfies this criteria.
The Davidson Farms parcel is not only the best suited parcel to meet the need for industrial
development in the land base, but it is also the only parcel that is part of a larger contiguous parcel
of industrial land that can be used to fulfill a variety of industrial type needs.
Here, no productive farm land is lost, the Comprehensive Plan is satisfied by realigning its
boundaries to follow property boundaries and a large chunk of industrial land which has heretofore
not been practically available to satisfy market demand for industrial land now can fulfill its intended
purpose. No other parcel inside the existing urban growth boundary, or around the perimeter of the
boundary can best fulfill the current need for industrial lands like the present 19.6 acre triangular
parcel can.
IOA
Page 14 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit "B"
Page 15 of g3
9. 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 brought inside the urban growth boundary cannot be reasonably
or suitably used as it is presently designated.
The subject property is designated primary agriculture and is zoned exclusive farm use. This
plan designation and zone is intended primarily for commercial fanning operations on good quality
soil. The subject property is not productive thrmland nor ,c, an it be made so. The parcel is small in
size. It is triangularly shaped making it very difficult for farm equipment to work the land. A
drainage ditch6 traverses the entire length of the property as does a major transmission line and the
footprint of a transmission tower.
The only access to the parcel is from Highway 214 through the Woodland Avenue extension
by HWI and through the existing industrial zoned remnant parcel of the applicant. The parcel has
only been commercially fanned in a limited way, and currently will only handle a cover crop that
is placed on the property simply to keep the weeds down. It is impossible to imagine a circumstance
where the subject property could be used as a commercial farming unit, whether standing alone or
if it were possible to integrate with other larger farming units in the area.?
B. 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 the original plan was in error, or that the
community has changed since the original plan was adopted.
Both of these alternative criteria are satisfied by this application. An error did occur when
the UGB was drawn in a zig-zag fashion along its westem border leaving out this 19.6 acre triangle
that had always before been a part of its single tract. Given the plan policy to follow property lines,
it must be assumed that an error or mistake was made.
In addition, the Woodbum community has changed significantly since the UGB was
originally drawn in the early 1980's. In the last 14 years, the growth Woodbum has experienced is
far greater than either the 1981 or 1989 projections. This rapid growth has outstripped the City's
ability to provide commercial and industrial areas to meet current need, let alone through the
planning period in year 2008.
C. COMPLIANCE WITH STATEWIDE GOALS AND GUIDELINES:
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6Since the ditch is not considered to be jurisdictional wetlands, it may be piped or tiled or diverted to allow
maximum use of the property for industrial use.
7This is not possible as was previously discussed.
Page 15 - Findings and Conclusions (Davidson Farms, Inc.)
Exh'i b'i t. "B"
Page 16 of ~73
This section of the compliance statement is divided into two component parts. The first part
addresses the exception process; and the second part addresses general goal compliance.
1. Exception Process Generally:
The subject property is currently designated and zoned for agriculture use under Goal 3. The
land contains soil with class IV or better capability, notwithstanding the practical physical
limitations to its farmability, and is therefore subject to resource goal treatment.
The exceptions process is found in statewide goal 2 and has been promulgated into role form
in Oregon Administrative Rule 660-04-000 et seq. There are three types of exceptions. The first
is based on the concept of the physical development of the property; the second is based on the
irrevocably committed nature of the site; and finally, the third rests upon there being adequate
reasons for a change in the use of the property.
After careful analysis of all three exceptions, the City concludes that all three actually apply,
but that the most appropriate exception in this case would be the "reasons" justification.
The development of the drainage ditch and transmission tower justify a physically developed
exception. Also, the subject property is a pan of a larger tract under the same ownership. This larger
tract has been developed to a large degree. Significant funds have been expended building an access
road to the property s and in emending sewer and water to the property. In addition, the HWI facility
has now been fully constructed on the northwest comer of the remnant parcel. All of these factors
irrevocably commit the subject parcel to urban type development.
The "reasons" exception, however, may be the best suited procedure for the facts of this case
so it will be explored in more detail here.
An exception need only be taken to the resource goal. No other of the goals are being
deviated from, therefore, no additional exceptions must be taken.
2. Reason, Exception:
The reasons exception is contained in OAR 660-04-020. There are four factors which must
be considered when taking an exception to aresource goal. These factors are generally referred to
as the "reasons"; the other area justification; the long term environmental impacts; and finally,
compatibility. Each factor is discussed separately below.
l~easons - Reasons must be shown to justify why the resource goal should not apply
to the subject property. OAR 660-04-020(2)(a). The reasons exception is often
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aThis is the Woodland Extension which intersects Highway 219.
Page 16 - Findings and Conclusions (Davidson Farms, Inc.)
bo
Exhibit 'B'
Page 17 of 23
referred to as the "needs" exception because generally, the City must show that there
is a demonstrated need for a project, based on one or more of the statewide goals; and
that the project has a uniqueness or a special quality or feature about it that requires
it to be located on the proposed exception site. OAR 660-04-022(1)i
In this case, the reasons for bringing the subject property into the boundary are to
correct the mistake of having a single unit ownership split zoned when there is no
geographic or other logical reason for the division. In addition, it is the best property
now available to meet a portion of the seve~ demand for industrial land in the City.
Finally, this parcel's inclusion will provide additional development acreage to the
applicant's remnant parcel which will give it greater ability to satisfy the need for a
large single unit tract which could be developed into an industrial park.
Other Area Justificatiorl - Under this criteria, the City must demonstrate that other
areas within the City of Woodbum (which do not require a new exception) cannot
reasonably accommodate the proposed use. The conversion lands study referenced
above addresses this criteria in detail, and for sake of brevity will not be repeated
here.
Environmental Impacts - The third factor of this analysis requires that the long term
economic, social, environmental and energy consequences resulting from the use of
this land for industrial purposes are not significantly more adverse than would
typically result from the industrial use being located in some other area also requiring
a goal exception.
The subject parcel is part of a larger tract owned by the applicant that lies
immediately to the north. This larger tract is within the UGB and is zoned IL, light
industrial. The land is generally flat; however, a drainage ditch traverses a portion
of the property in a north-south direction. The subject parcel is currently outside of
the UGB, even though it is part of a larger industrial tract that is inside the UGB.
Generally, an exception involves productive land being irrevocably removed from
its agricultural potential. Here there is no agricultural potential, so the conversion of
this land is ideal, as it lessens the impact an exception would otherwise have in
decreasing the agricultural inventory base of the county.
Because of the unusual shape of the property, a good share of its land mass will be
used for parking or outside storage. Both of these types of uses are relatively benign
from an environmental impact standpoint. Also because of the small size, the
primary industrial use will undoubtedly be in conjunction with adjoining lands to the
north (which already are designated for industrial uses). Given today's technology,
and the types of uses allowable in the IL zone to be applied to the subject property,
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Page 17 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit 'B,
Page 18 of 23
there will be no adverse long term environmental impacts from the inclusion of this
land inside the UGB.
do
Compatibility - Finally, the applicant must show that the industrial use will be
compatible with other adjacent uses, or if it is not compatible, that it can be made
compatible through measures incorporated into the facility design which would
reduce those impacts.
The proposed industrial use of this property,will be compatible with the surrounding
area. The surrounding area includes the applicant's larger tract zoned light industrial,
Interstate 5, HWI, and some agricultural uses. All of these uses are customarily
found in and around freeway interchanges, and have traditionally been compatible.
In this case, the HWI facility has been in place next to the agricultural uses for
several years without problem or complaint fi.om either side. Considering there will
be proper set backs and buffering at the time of site plan approval for any industrial
use being constructed on the site, compatibility can be guaranteed.
It is also important to note that access to the interchange will be restricted. The
future industrial development of the applicant's larger tract will have access only to
Woodland Drive and not to the freeway, Highway 219 or to any new transportation
facilities that might be constructed. As noted earlier, traffic engineers have already
concluded that this approval will not adversely affect the flow of traffic on Highway
219.
3. Other Goal Compliance:
Goals 1-3 are addressed within the context of the exceptions statement set forth above.
Compliance with the remainder of the applicable goals is discussed as follows:
Goal 4 - Forest Lands - The property is designated as Agriculture by the Marion County
Comprehensive Plan Map. There are no forest uses occurring on the property or in the area. Further,
the soils on the property do not have a forest lands capacity for the growing of commercial timber.
The property is not forest land and therefore this Goal is not applicable, or is otherwise excepted
based on the reasons for the Goal 3 exception.
Goal 5 - O_~n spaces, scenic and historic areas and natural resources - There are no identified
open spaces, scenic, historic or natural resource areas identified on or near the subject property,
therefore development of the subject property will not adversely affect or impact such areas. The
subject property has no identified historic or cultural significance to it, nor are there any energy
resources, or aggregate resources or fish and wildlife habitats. There is nothing ecologically or
scientifically significant about the property which would require it to remain in open space.
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Page 18 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit "B"
Page 19 of
Goal 6 - Air, water and land resources quality - 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 create problems with the environmental quality of the state. This application has no real
impact on the air, water and land resources. The location near the freeway creates a perfect setting
for industrial use. Through the site planning process the city can be assured that when an industrial
development does occur on the site, it will be clean and adequately protective of the surrounding
environment. In fact the comprehensive plan, as well as the list of allowable uses in the IL zone will
limited the types of industries that can be sited to only those deemed to be "clean".
Goal 7 - Areas subject to laatur~l disasters and hazards - 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.
Goal 8 - R,ecre~tionai 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.
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. The
inclusion of this land inside the UGB will improve the economy of the greater Woodbum area by
allowing industrial development to catch up with the population growth of the city, and to provide
jobs for the residents of this community. The new industries will consume local goods and services
and will contribute a hefty sum in new taxes, all of which help the state regional and local
economies. Currently the HWI development on the Davidson parcel adds more than $200,000
annually to the City of Woodburn coffers through property taxes alone.
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 siting of any residential facilities,
nor does it remove any land that could be used for the construction of residential housing of any
significant level for the community of Woodburn.
Goal 11 -publi¢ facilities and services - This goal is meant to provide a plan for development
of property in a timely, or&fly and efficient arrangement of public facilities and services for urban
and rural development. The applicant's proposal complies with this goal in that no new public
facilities or services will be necessary, nor will any additional pressure for public facilities be created
by this project. Davidson Farms has contributed significantly to the placement of infrastructure on
the property ahead of development.
Goal 12 - Trans_rx)rtation - This goal is meant to provide and encourage the safe, convenient
and economical transportation system within the state of Oregon. This project meets and complies
with this goal. There will be no adverse traffic impact associated with this approval.'
Page 19- Findings and Conclusions (Davidson Farms, Inc.)
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Exhibit "B"
Page 20 of 23
IOA
As indicated earlier, this application is being justified on the basis of the need for additional
industrial lands, and not as a precursor to the Transportation Plan. For this reason the provisions of
OAR 660-12-070 are not necessary to address here. However, in discussion with both DLCD and
ODOT, it was concluded that OAR 660-12-060 needed to be addressed. This rule relates to
amendments to comprehensive plans that significantly affect a transportation facility. This is not
the case here.
Even when reviewing this application without reference to the new by-pass, OAR 660-12-
060 is not applicable. Reference is made to OAR 66q712-060(2) wherein the application of
subsection (1) thereof is defined. Applying the criteria of subsection (2), this application will not
"significantly affect a transportation facility".
The city received a report from the applicant's traffic engineer, in which the city concurs, that
this 19.6 acres will generate total daily traffic of 2, 456 VPD, of which PM peak would be 274 total
trips, 217 exit and 57 enter. Of this traffic, 90% will turn east and disburse, with 7% going north on
I-5, 18% going south on I-5 and the remaining 65% going east on Highway 214. The final 10% will
go west on Highway 219. This level of traffic will result in LOS "D" at both ramp terminals and at
the Woodland/219 intersection. LOS "D" is an acceptable level of service. This is achieved with
no major improvements to the interchange. It is projected that level of service will increase to LOS
"C" once improvements to the interchange occur.
Based on this study, and the opinion of the traffic engineer, the City concludes that adding
this additional land to the industrial land base will not significantly affect a transportation facility,
and OAR 660-12-060(1) is not applicable.
This information confirms prior information received by the City from its own traffic
engineering consultants9 who indicated in Technical Memorandum //4 to the Woodbum
Transportation System Plan that through the year 2015 in the area west of I-5, which is the area
involved here, that there is sufficient capacity to handle all growth without necessity of any
interchange improvements.
Additional concerns were expressed about the premature nature of this application as it
relates to the siting of the south by-pass location. It is the city's position that this application stands
on its merits as an increase in much needed industrial land base for the city, and does not prejudge
or otherwise commit the City to a particular choice of any transportation alternative whatsoever, let
alone any specific siting location. It is understood that this action will in no way affect the on-going
transportation planning process'°. In order to assure all parties of this fact, the City will place a
SKittelson & Associates, Inc.
X°As was noted earlier, the traffic engineers have preferred the 19.6 acre site as the number one location from
the beginning of that process. In addition, the. engineers have stated for this record that the south by-p.,ass, if sited here
will operate with the same efficiency as the site located approximately 800' to the north.
Page 20 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit "B"
Page 21 of 23
condition on this approval that prohibits issuance of any building permit on the subject property until
after the transportation planning process is completed as to the I-5/Highway 214-219 traffic issues.
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 subject property is not located on any sources of geothermal
or other energy resources so that the utilization of the property for industrial uses would not deprive
the citizens of the state of Oregon of any energy resources.
Goal 14 - Urbanization - This goal is meant to provide for an orderly and efficient transition
from rural to urban land uses. This project complies with this goal. The urbanization goal is directly
related to the establishment and changing of urban growth boundaries within the State of Oregon.
This proposed use involves changing the Woodburn UGB by adding the subject property to the
UGB. This goal requires an analysis of seven "establishment factors" in order to justify the
amendment of an LIGB. These factor's are generally referred to as the "needs" and "location" factors.
There is a demonstrated need for this change - The demonstrated need for additional
industrial land has already been identified, and will not be repeated here.
Ther~ i~ a need for ~mployment opportunities and livability - This application will
retain a large industrial tract as a single unit, and will assist in making the entire tract
developable for industrial uses. Once industrial uses are in place, jobs and spin-off
economies will assist in stabilizing the economy of the area. The secondary effect
that this request will bring is increased livability to the citizens of Woodburn. Close
to home jobs mean lesser commutes and a better liveability situation. Greater job
opportunities mean a greater number of jobs available as well as a larger variety of
types of jobs. This situation improves the liveability of the community as young
families can select Woodburn as their home, and be assured their will always be good
quality jobs available there for them to support themselves.
This request is an orderly and economic provision for a public facility - The request
does not require any public services, as sewer, water, storm drains and a new street
are all already in place servicing the subject property.
o
This request maximizes the efficiency of land uses within the UGB - One of the
primary reasons this request is being made is to increase the amount of industrial
land presently inside the Woodburn UGB, and to allow the maximum efficiency from
the lands that are already inside the boundary.
Environmental. Social. Economic & Energy Consequence~ - This factor requires the
consideration of ESEE consequences of designating the property for urban rather
than rural uses.
IOA
Page 21 - Findings and Conclusions (Davidson Farms, Inc.)
Exhibit 'B"
Page 22 of 23
The environmental consequences of designating this property as urban are
nonexistent. The site is not within a wildlife habitat area, nor within a flood plain
area, nor designated as prime agricultural soils, nor designated as a jurisdictional
wetland. There would be some impact to the area during construction of the
industrial use, but with the requirements of the zone code for site plan review, buffer
and other environmental safeguards will be built in.
Socially, the enhancement of the city's industrial land base and the jobs and
economic diversity and improvement that would stem from that will be a significant
positive impact on the social fabric of the'community.
Retention of agricultural land - This factor requires a local jurisdiction to consider
the retention of agricultural land when changing the UGB. Class I soils are to receive
the highest priority of retention and Class VI receiving the lowest priority. The soils
on the subject parcel are divided in half, with 50% of the land classified as Dayton
soil, Class IVw, and the other 50% classified as Woodbum soils, Class IIw.
This proposal involves taking a small, irregular shaped, isolated, non-productive rural
parcel and tutus it into a highly productive urban parcel. The property has seen
limited commercial farming in the past, primarily due to the drainage ditch that
bisects the property in half and its triangular shape.
From a resource standpoint, this small and relatively unusable "resource" site is much
better suited for industrial use than any other parcel because of its unique
characteristics.
o
Compatibility_ of proposed use with nearby rural uses - The compatibility of the
proposed use with the nearby rural uses to the west has already been addressed earlier
in the reasons component of this statement and will not be repeated here.
Based on these seven factors and considerations, this application satisfies the mandates of Goal 14.
Goal 15 - Willamette Greenway - The property lies outside of the Willamette River
Greenway and, therefore the mandates of this goal do not apply.
Goals 16 - 19 - Coastal Goals - The subject property does not contain any estuarine resources,
is not on the coastal shorelands, does not contain any beaches or dunes or ocean resources and,
therefore the mandates of goals 16 - 19 do not apply.
VI. Ultimate Conclusions of Law
Based on all of the evidence in this record, none of which was ever contradicted, and the
findings of fact; additional findings and conclusions rendered herein, the City of W6odbum does
Page 22 - Findings and Conclusions (Davidson Farms, Inc.)
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~ Exhibit "B"
~ '~ Page :'3 of :'3
hereby conclude that as a matter of law the applicant has met its burden of proof on each and every
approval criteria, and that the following actions are approved:
1. The UGB of the City of Woodbum is amended to include the 19.6 acres currently
owned by the applicant; and
2. The 19.6 acre parcel is hereby annexed to the City of Woodbum; and
3. The 19.6 acre parcel shall be designated for Industrial use in the Woodbum
Comprehensive Plan; and
4. The 19.6 acre parcel shall be zoned for Light Industrial (IL) use.
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Page 23 - Findings and Conclusions (Davidson Farms, Inc..)
· ' lOB
MEMO
TO:
FROM:
SUBJ.:
Mayor and City Council
Chris Childs, City Administrator
Northwest Natural Gas Co. Privilege Tax Ordinance
DATE:
May 17, 1995
RECOMMENDATION: Approve accompanying Council Bill (ordinance) imposing 2%
Privilege Tax on Northwest Natural Gas Co. (NWNG) gross revenues.
BACKGROUND: Following a public hearing on the matter held April 24, 1995,
Council directed staff to prepare in final form the subject ordinance for Council
passage.
The final ordinance contains an effective date of June 18, 1995, which
represents in excess of the 60-day notification requirement contained in the underlying
franchise agreement. As a practical matter, this fee will probably begin appearing on
NWNG billings mailed at the end of June or first part of July, depending on a
customer's billing cycle.
The final ordinance also includes some modifications in wording in respect to
the definition of "gross revenues" (Sec. 1 ). The revised language precisely mirrors the
definition of "gross revenues" as contained in the underlying franchise agreement,
whereas the definition in the earlier draft had been taken in part from the existing PGE
privilege tax ordinance and some of the language was inappropriate for NWNG's
situation.
Northwest Natural Gas Co. has been businesslike and cooperative throughout
this process. A company spokesperson indicated to me that, in fact, at least a dozen
other municipalities in the company's service area already have a similar fee in place.
' 10B
COUNCIL BILL NO. 1636
ORDINANCE NO.
AN ORDINANCE IMPOSING A PRIVILEGE TAX ON NORTHWEST NATURAL GAS
COMPANY, AN OREGON CORPORATION, IN THE AMOUNT OF 2.0 PERCENT OF
DEFINED GROSS REVENUES, REGULATING USE OF THE REVENUES THEREBY
DERIVED, DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE.
WHEREAS, the city has passed an ordinance granting a non-exclusive franchise
to Northwest Natural Gas Company ("Company") for a duration of ten (10) years from
August 22, 1994; and
WHEREAS, said ordinance contemplates the enactment of a tax by the city on
Company revenues as allowed by state law over and above the franchise fee; and
WHEREAS, state law (ORS 221.450) permits taxation by cities of public
utilities which are actually using the streets, alleys or highways of the city in an
amount not exceeding five percent (5%) of defined gross revenues; and
WHEREAS, pursuant to Oregon P.U.C. regulations, the current franchise
ordinance of the city includes a franchise fee of only 3% (three percent) of those
revenues; and
WHEREAS, the capital improvement needs identified to the Council by the
Woodburn Transportation Force far exceed the revenues available, and
WHEREAS, revenue generated by the privilege tax can be used to fulfill some
of the transportation needs of the community, NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Privileae Tax Imoosed. There is hereby imposed a privilege tax on
the gross revenues of Northwest Natural Gas Company, an Oregon corporation, in the
amount of 2% (two percent) of those revenues. "Gross revenue" as used in this
ordinance shall be deemed to include any revenue earned within the City from the sale
of natural gas after deducting from the total billings of the Grantee the total net
writeoff of uncollectible accounts. Gross revenues shall include revenues from the
use, rental or lease of operating facilities of the utility other than residential-type space
and water heating equipment. Gross revenues shall not include proceeds from the
sale of bonds, mortgage or other evidence of indebtedness, securities or stocks,
revenues derived from the sale or transportation of gas supplied under an interruptible
tariff schedule, sales at wholesale to a public utility when the utility purchasing the
Page I -
COUNCIL BILL NO.
ORDINANCE NO.
lOB
service is not the ultimate consumer, or revenue paid directly by the United States of
America or any of its agencies.
The privilege tax provided in this ordinance is in addition to the franchise fee being
paid by the Company pursuant to Ordinance No. 2133, which grants to Company a
non-exclusive franchise within the city. That ordinance remains in full force and
effect.
Section 2. Payment Dates. The tax provided in this ordinance shall be paid
quarterly and shall be due for each calendar quarter or fraction thereof, on or before
thirty (30) days following the end of the calendar quarter, or fraction thereof, for
which the tax is due; with the first payment, for gross revenues collected during that
portion of the 3rd quarter of 1995 in which this ordinance is in effect, due on or
before October 1, 1995.
Section 3. Irll;erest on Late Payments. In the event Company fails to pay the
tax on or before the due date, interest shall be owed on the tax from the due date to
the date on which payment is received by the city, compounded daily.
Section 4. Use of Proceeds. The proceeds derived from this ordinance shall
be dedicated toward funding of transportation improvement projects identified in the
city's Capital Improvement Program.
Section 5. Emeraencv Clause end Effective Date. This ordinance being
necessary for the immediate preservation of the public peace, health and safety, an
emergency is declared to exist and this ordinance shall take effect on June 18, 1995,
and shall remain in effect until modified or rescinded by ordinance of the City Council.
Approved as to forn~:'~ ~
City Attorney
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO.
ORDINANCE NO.
10C
COUNCIL SILL NO. 1637
RESOLUTION NO.
A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE
REVENUES DURING FISCAL YEAR 1995-96.
WHEREAS, Oregon Revised Statutes 221.770 requires the
City to provide documentation to the State of Oregon advising them
of their intention to participate in the State Revenue Sharing
Program, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWB~
Section 1. Pursuant to ORS 221.770, the City hereby
elects to receive state revenues for fiscal year 1995-96.
City Attorney
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
· IOD
MEMO TO;
THROUGH
FROM
D~TE
SUBJECT
Mayor and City Council
City Administrator Childs
Mary Tennant, City Recorder ~
May 18, 1995
Early Redemption of 1977 Sewer General Obligation
Bonds
RECOMMEND&TION~ Council adopt the attached Council Bill which
calls for the early redemption of the 1977 General Obligation Sewer
Bonds.
BACKGROUND INFORNATION~ These bonds, dated July 1, 1977, were sold
to finance the City's share of the construction costs for our
existing wastewater treatment facility. In anticipation of selling
revenue or general obligation bonds within the next two years,
financial consultants have advised us that early payoff of these
outstanding bonds may improve the City's current bond rating of A
from Moody's. Sufficient funds have accumulated in the Wastewater
System Development Fund in order to payoff these bonds prior to
their scheduled redemption date and the proposed budget, as adopted
by the Budget Committee, does provide for the early redemption of
these bonds. The total outstanding principal amount on this issue
is $450,000.00.
Under state law, we are required to provide at least 30 days public
notice on any Call for Early Redemption using newspaper
publications and other financial sources as a means of notifying
bondholders. Since these are bearer bonds, it is unlikely that all
of the bonds will be turned in for payment immediately, however,
interest ceases to accrue on all unpaid bonds within this issue as
of July 1, 1995.
: ' 10D
COUNCIL BILL NO. 1638
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WOODBURN, MARION COUNTY, OREGON
AUTHORIZING THE EARLY REDEMPTION OF ITS 1977 GENERAL OBLIGATION
SEWER BONDS.
WHEREAS, the City issued its 1977 General Obligation Sewer Bonds, in the
amount of $2,000,000, on July 1, 1977 pursuant to Ordinance No. 1559 and
Ordinance No. 1562 (the "Authorizing Ordinances"); and
WHEREAS, the Authorizing Ordinances authorize the City to redeem the Bonds
prior to maturity on any interest payment date on and after July 1, 1987; and
WHEREAS, the City has accumulated sewer revenues in amounts sufficient to
now call the bonds prior to maturity which will result in interest savings to the City
and eliminate the debt of the City, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The outstanding bonds of the City issued as the 1977 General
Obligation Sewer Bonds are hereby called for redemption on July 1, 1995.
Section 2. The City Recorder shall give notice of such redemption in
substantially the form attached hereto as Exhibit "A' by publishing such notice of
redemption in the Daily Journal of Commerce in Portland, Oregon and in the
Woodburn Independent and by mailing such notice to Moody's Investors Service, inc.
and Standard & Poor's Corporation, New York, New York not less than 30 days prior
to the redemption date and to provide such other courtesy notices as the Recorder
determines advisable.
Adopted by a vote of the City Council, with a quorum in attenda~,,.~e/this~2nd day
Approved as to form: '
City Attorney Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
· IOD
EXHIBIT A
NOTICE OF FULL REDEMPTION
$2,000,000
City of Woodburn, Oregon
1977 General Obligation Sewer Bonds
NOTICE IS HEREBY GIVEN that the City of Woodbum, in Marion County, Oregon,
has called for redemption on ]uly 1, 1995, all of its then outstanding 1977 C~ncral Obligation Sewer
Bonds (the "Bonds").
The Bonds will be redeemed at a price of one hundred percent (100%) of thtir principal
amount, plus interest acc, reed to July 1, 1995. The redemption price of the Bonds is payable on
presentation and surrender of the Bonds at the office of:
City Recx)rder
City of Woodburn
270 Montgomery Street
Woodbum, Oregon 97071-4730
Imerest on all Bonds or portions thereof which are redeemed shall cease to accrue on
luly 1, 1995.
The following Bonds are being redeemed:
Bond Number Principal Amount Date of Maturity
311-338 $140,000 luly 1, 1995
339-368 $150,000 July 1, 1996
369-400 $160,000 July 1, 1997
Cusip Number
979013 BB4
979013BC2
979013BD0
By Order of City of Woodbum, Oregon
City Recorder, City of Woodbum, Oregon, as Paying Agent
Dated: May 31, 1995.
Under the Interest and Dividend Tax Compliance Act of 1983, payor may be required to
withhold 31% of the redemption price from any Bondowner who fails to provide to payor and certify
under penalties of perjury, a correct taxpayer identifying number (employer identification number or
social security number, as appropriate) or an exemption certificate on or before the date the Bonds are
presented for payment. Bondowners who wish to avoid the application of these provisions should
submit a completed Form W-9 when presenting their Bonds.
IOE
MEMORANDUM
May 18, 1995
To:
From:
SUB2ECT:
City Council through the City Administrator
Marianne Wolf, Communications Director
ACCOUNTING SERVICES FOR NORCON
Recommendation: That the Council approve by motion, the attached letter
of understanding between the City of Woodburn and the CPA firm of Harris
& Eide, for assistance in setting up the accounting records, control
procedures, etc., necessary for NORCOM to be operational by July 1, 1995.
Background: The CPA firm of Harris & Eide has had a long term
relationship with the City of Woodburn, as well as extensive experience in
governmental accounting, including providing the primary accounting
services for the cities of Hubbard and Gervais, as well as several fire
districts in the Marion County area.
Once NORCOM is established as an independent agency, it is the intent of
the User Board to contract with Harris & Eide for accounting services.
However it is necessary to apply for identification numbers for various
employer reporting purposes, set up the accounting records, design control
procedures, and establish financial policies and procedures prior to the
effective implementation date for NORCOM, which is 3uly 1, 1995.
Since NORCOM is not yet an entity able to enter into personal services
contracts, the agreement to provide assistance in setting up the
accounting system for the center, must be made with the City of Woodburn.
All costs incurred as a result of this agreement would be paid for with
funds from the communications center budget.
It is staff's recommendation that the Council approve the letter of
understanding which outlines the terms and objectives of the services
Harris & Eide would provide to the City in regards to the set-up
procedures for NORCOM's accounting system.
MARIANNE W. WOLF - COM~4UNI~ATIONS
CITY OF WOODBURN ~
DIRECTOR
Donald K. Harris, CPA
Gregory M. Eide, CPA
May 10, 1995
HARRIS & EIDE ·
CERTIFIED PUBLIC ACCOUNTANTS
991 Liberty Street S.E. · (503) 362-8644
P. 0. Box 471 · Salem, Oregon 97308
IOE
Mr. Chris Childs
City Administrator
City of Wooclburn
270 Montgomery
Woodburn, OR 97071
We are pleased to confirm our understanding of the services we are to provide for
The City of Woodburn in regards to setup procedures for North Marion County
Communications. This letter outlines our understanding of the terms and objectives
of this engagement.
We will assist the City in setting up accounting records, designing control
procedures, applying for various identification numbers for employer reporting
purposes and provide any other assistance necessary to get North Marion County
Communications operational.
Our fees for these services will be at our regular hourly per diem rates which vary
from $50/hour for staff time to $125/hour for partner time. It is anticipated that
our fees for these services will not exceed $1,000. If it appears that our fees
will exceed this amount we will notify the City prior to incurring the excess.
We appreciate the opportunity to be of service to you and believe this letter
accurately summarizes the significant terms of our engagement. If you have any
questions, please let us know. If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us, and
this letter will continue in effect until canceled by either party.
Sincerely,
HARRIS & EIDE
Certified Public Accountants
Donald K. Harris, CPA
RESPONSE:
This letter correctly sets forth the understanding of The City of Woodburn.
Chris Childs
City Administrator
1OF
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager~~
City Hall Roof Repair
May 18, 1995
RECOMMENDATION:
Accept the proposal of Tom Blaylock, Inc. of $5,373.00 for repair of the built up
portion of the City Hall roof.
BACKGROUND:
In making final preparations for the city hall HVAC project, it became apparent that
the built up portion of the city hall roof required immediate repair. To be done
properly, the roof work should be done immediately prior to, and in conjunction with,
the HVAC replacement project. As the Council is aware, the contract for the HVAC
replacement has already been awarded and work expected to commence very soon.
The city solicited proposals for the repair from 4 area roofing contractors. Two
proposals were returned by the established deadline. The proposals were:
Tom Blaylock, Inc.
McGilchrist Roofing Co., Inc.
5,373.00
9,425.0O
Funds from account 001.080.620.080 will be utilized for this repair. Staff is
recommending that the Tom Blaylock proposal be accepted.
· 10G
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator for Council Action
Randy Scott, CE Tech III, through Public Works Directo~/~'~ '
Easement Acceptance
May 16, 1995
RECOMMENDATION: It is being recommended the city council approve the request to
change a portion of an existing exclusive easement, to a non-exclusive easement.
if approved, the council by motion should authorize the Mayor to sign the requested
easement included as Attachment "A", map included as Attachment "B".
BACKGROUND: The City of Woodburn currently has an existing 1§-foot wide water line
easement over a portion of the property owned by Gem Equipment. The easement is an
exclusive easement for installation and maintenance of the water line only.
Portland General Electric (PGE) is proposing to replace a power line within this easement.
They have requested and the property owner is willing to grant a 1§-foot non-exclusive
easement to them so they may proceed. The easement, however, will encroach upon a
portion of the city's exclusive easement (as shown on Attachment "B").
By signing the attached easement, the city is agreeing with the granting of a non-exclusive
easement for any and all utilities within our exclusive easement, subject to the city's rights
as conveyed by the original easement.
EASEPGE.CC
ATTACHMENT "A 'f 10G
UNDERGROUND UTIUTY EASEMENT
In ~onsldmation of the receipt of one and no/100 doll~m ($1.00), GEM Equipment of Oregon, Inc. ('Grantor')
hereby convey to PORTLAND GENERAL ELECTRIC COMPANY ('PGE'), an O~gon corporation, a perpetual
A N~ UTILITY eaeament over, under, upon and acreaa the following dea~'ibed property (the
'Property'), sftu-ted In Marion County, State of Oregon, being a ~trip of brad more perticulady described as
follow~:
To be In~tMled 15 shown on that ~ertMn tra~t of b~ ~ 24 Ju~, 19 I~ dea~b~ In R~! 627 Page
~ In S~ ~, T~lhlp 5 So.h, Ra~e I W~ ~m~e M~la~ Tax ~t 11~.
~ M~ N~ ~ Of.M ~ ~ We~ .1o~ ~e N~h ~y line approximately
~ f~ ~ ~ W~ ~ R~ ~ S~ ~ ~ W~ ~ Rna Fl~e~ (15) feet ~ence ~st
e~ ~m~ ~ ~ N~ ~ fine a~~ 350 f~ to the ~st ~op~ line ~ence No~h along
~e ~ ~ Bna to the Point of B~lnni~.
~, ~ R ~ ~ the ~1~ of W~DBURH by ~s' .~tum bel~, con~ ~h the granting of a
g~l ~ ~ a~ ~ ~11 ~llNea ~b~ to the C~ ~ H gm~ In R~1173 Page 861 Mar~n
Co~ R~
TERMS, ~S, AND COVENANTS
1. Thle easement ahell be for the HIM to enter upon the Property. and to Inptall, m~..I.n~..in,..rel~..Ir, ~b.u. ll.d,
temo~md~~undl~lround utility ~nea mid appulton~ncet, including out not lira#. ,o ,ne riga ,o
2. Grantor~ IhMI ha~e the HgM to ute the..Pr~per~ f_or.lll ~. es riot Inconsistent with the uses ~d
~~tt~~lX~ i~=len~~~e eer~xl~ll~ru~ or ,mprovemam upon, o er
3. The Grantor, ~mu~tnt that they have marketable title to the Property and that the utilities may peaceably
enioY the rights and beneflla of this easement.
4. If the utllRiea ahell fall to u~a this easement for a continuous period .of five years after t..he i_nstal!ation of
llnea, then this easement ahell termin~to and MI righta granted hereunaer snail revert to me ~rsntors.
5. As ueed herein, the alngular ahell include the plural end vice versa.
6. Thla easement inures to the benefit of and binde the partlea hereto, their heirs, devisees, adminletrstors,
IN WITNESS WHEREOF, the Grantors have executed this easement this day of March, 1995.
(SEN.)
Grantor
STATE OF OREGON )
) aa.
County of Marion )
(SEN.)
Page 1/3
IOH
CITY OF WOODBURN
POLICE DEPARTMENT
270 Montgomery Street Woodburn, Oregon 97071
Paul E. Null
Patrol Operations Lieutenan
982-2345 Ext.352
Date: May 9, 1995
To: fM~r & City Council
Thru;/y¢~r,,6~JNright, Chief&Chris Childs, City Administrator
Subject.~'t(~-' ~'/A '~ ~ -~· Donation of Video Camera from MADD
I was recently contacted by Marion County Mothers Against Drunk Drivers (MADD), representative
Sgt. MeLaughlin of the Oregon State Police, who advised that MADD was interested in donating a
video camera to a police agency who aggressivly enforced DUH laws. MADD has selected Woodburn
Police Department to be a recipient of a video camera for DUH enforcement. The award consists of
a mobile video camera, remote microphone, monitor and mount, valued at about $1,600.
The use of video cameras has become a very effective tool in the conviction of impaired drivers in court
proceedings. It is not uncommon for attorney's to pled their clients guilty to drunk driving charges once
they view their clients actions on video, thus decreasing officer court appearances.
The recent donation by MADD will bring the total number of in-car video cameras, to four. The
Woodburn Police Department has received a video camera through an Oregon State Police grant, one
from local insurance companies, and a fourth from State Farm Insurance Co.
Recommendation:
The Woodburn City Council accept the donation of a mobile video camera from the Marion County
Mother Against Drunk Drivers, for the purpose of DUH enforcement.
101
MEMO
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator ~-
SUBJ.:
Additional Parkinp adiacent to Library
DATE:
May 18, 1995
At the May 8, 1995 Council meeting, material concerning this topic was
provided on an informational basis. Councilors expressed a desire to discuss this
matter in further detail.
All of the material provided on May 8th is reprinted and included with this
memo and it is anticipated that the City Engineer will be present at the May 22
Council meeting to answer questions or provide additional background information.
Staff's recommendation continues to be the parking configuration identified as
"Option 1' which we are presently budgeted for and can be constructed in a manner
compatible with future change to the more expensive (but aesthetically pleasing)
"Option 3".
MEMO 101
TO:
Mayor and City Council
FROM:
Chris Childs, City Administrator
SUBJ.:
Additional Parkin_~ ad_iacent to Library
DATE:
May 3, 1995
This is to advise the Council that Staff will proceed with final design/
construction documents/bidding for parking configuration identified as Ootion I in the
accompanying documentation. This option has been reviewed and found acceptable
by the City Administrator, Public Works Director and Library Director. The Library
Board has also had opportunity to review various options. Funds are currently
budgeted for this project.
The need for additional parking in the City Hall/Library area has been discussed
for several years, particularly in respect to parking for library patrons. $20,000 was
initially budgeted for this purpose during the current (1994-95) budget year. When
it was determined that such a project could not reasonably be completed prior to the
end of the fiscal year (June 30th), this project was C~cJ).~ISZP~ at $27,697 for the
new fiscal year beginning July 1, 1995.
Attached is a staff report from the City Engineer outlining the parking
configuration options considered, as well as schematic drawings and cost information
on four different options. Cost detail information is not included, but is available, if
necessary, for review. It should be noted that the Public Works Department is willing
to absorb the engineering costs listed for each option; thus, the listed 'construction
cost" is the cost for which the City must look at budgeted dollars. In brief summary:
Ootion I is the preferred alternative and is the option for which we are
presently budgeted. This option can provide irrlmediate relief to the parking situation
by adding ten (10) more net parking spaces.
Ootion 2 simply builds on Option 1; for an additional cost of some $8,373, at
any time, three more parking spaces can be added south of Montgomery Street.
Ootion 3 is a "cadillac" plan, with more of a mall-type effect featuring
cobblestone and landscaped areas and possibly a fountain. At the present time, we
are nowhere close to being adequately budgeted for this option. However, Ootion 1
can be designed and constructed in a manner that will facilitate changing to an Option
3 configuration if the City desires to do so in the future.
Ootion 4 represents a configuration that was sketched out and discussed in
very early stages. Besides the concerns expressed in the City Engineer's memo, you
will also note that the parking row on the north side would actually encroach several
feet past what is, in fact, the south wall of the library building. Also, it does not
provide any more parking spaces than Option 1.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator~_ ~)j ~-~(~.
Public Works Director{~~(~~
Library Parking Improvement
April 25, 1995
Public Works has developed three desirable options for the library parking lot construction.
A fourth option, initially considered and found to be undesirable, has also been shown on the
plan. Many other options were considered and discarded and these are not shown on the
plan. These desirable options are outlined below:
Basic parking lot on library property
Three parking stalls added to basic on south side of Montgomery St
Closure of one-way traffic and installation of a fountain to provide a mall
concept
Note: This option has less parking stalls and is more costly, but it is much more pleasing to
the eye.
Prior to developing the above options, the Engineering Division performed a traffic count and
analysis. This is outlined below:
Eastbound traffic = 659 vehicles/day
Westbound traffic = 297 vehicles/day
The analysis indicates that eastbound traffic is much higher than westbound traffic and if
one-way traffic is allowed then it should be for the westbound traffic. Engineering staff
understands that any public road traffic should not be directed to go through a private
parking lot to reach the other side of a public road. In addition, staff understands that
drainage patterns should not be disturbed to keep the cost of construction reasonable.
The options that were considered and discarded included:
A)
The elimination of the island on Second Street, thus allowing diagonal parking along
the library on Second. This was unattractive and required moving the library book drop
that is working well at this time; also, it appeared to be costly.
B)
Complete closure of Montgomery Street. This design produces undesirable traffic flow
in the parking lot because east-west traffic must go through the newly constructed
parking lot, and it also places an avoidable load on other streets. The initial proposal
that was considered by the Library Board fell into this category. There are many major
drawbacks to the initial proposal including the fact that, if city ordinances are followed,
there is not enough distance between the existing curb and the library wall to
accommodate the design properly, and the legal street vacation process would need
to be followed prior to parking lot construction. During the vacation process, there
may be objections from individuals who own property in the affected area. We believe
that if Montgomery Street needs to be closed, it would be more desirable and
acceptable to vary option "3" and close the street between the proposed fountain and
2nd Street instead of the initial proposal. However, we do not recommend complete
closure of Montgomery Street at this time because we believe that better options, as
proposed by engineering, are available.
C!
Several variations of the above concepts were considered prior to developing final
options.
My personal preference is for Option 3 with a fountain, but experience tells me that construction
of Option I is more likely because of its lesser cost.
Considerable time and effort has been invested by the Engineering Department to develop
the options presented. As soon as a final decision is made, and approval is given to us, the
Engineering Division will finalize engineering plans, develop contract documents, and invite
bids for construction. If Option 3 is chosen, we will involve the fire department's input for
fire equipment turning radius requirements that may necessitate moving the fountain or
curbs. We want to ensure that response time of emergency vehicles is not increased
because of poor design.
Attachments:
1. Cost estimate of each option
2. Preliminary plan
GST:Ig
CC:
Engineering
Library Director
File
L ! BRPRKG.N)D
101
OPTION
1
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101
OPTION.
I
101
.OPT ON
101
MEMO
15B
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager J~'~
Transportation Task Force Information to Council
May 17, 1995
Recently council was provided with binders containing information that had been
provided the Transportation Task Force. At the next council meeting one additional
technical memorandum will be provided the Council.
Technical Memorandum Number 4 presents a summary of future transportation
system alternatives and needs. Alternative future roadway systems were evaluated
for future (year 2015) traffic conditions. In addition, transit, pedestrian, bicycle and
golf cart demands were analyzed and potential system improvements for these modes
were developed.
15C
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator for Council Information
Julie Moore, C.E. Tech III ~
Notification of Young Street Ra~oad Crossing Closure for the Installation of
Rubber Crossing Materials
May 16, 1995
Southern Pacific Railroad has recently notified us that they will finally be installing the rubber crossing
material under the Young Street crossing near Front Street. They plan to start the work on Tuesday,
May 30 and expect the crossing to be closed for one to two weeks because the material will be placed
under all three tracks. Detours will be set up at Front Street and Doud Street/B Street during the
closure.
Young Street is the third crossing to have the rubber material installed under the tracks, preceded by
Cleveland Street and Lincoln Street. The City and Southern Pacific have worked together on all the
crossing improvements with the City purchasing the necessary materials and Southern Pacific
providing the labor to install the materials. The rubber crossing material lasts approximately 20 years
and requires little maintenance.
15D
STAFF REPORT
TO: Woodbum Mayor and City Council
THUR: ~, Chris Childs, City Administrator ~1~
FROM.~y Nevin Holly, Director of Recreation and Parks
SUBJECT: Aquatic Center Update
DATE: May 18, 1995
The Woodbum Memorial Aquatic Center has made steady construction progress since
your last update. Despite some rather strong inclement construction weather, the Center
is still within a range of, or around the September 1st opening date. Woodburn
Construction informs me that they are currently 2 weeks behind schedule but hope to make
up this time during the summer. It is extremely exciting for me to now be able to clearly
visualize the fine Aquatic Center our community will soon have. The Aquatic Center
structural and interior walls are now complete. All roofing materials, including trusses and
sheeting materials are now installed. Finish metal roofing will be installed within 3 weeks.
The trusses and roofing material over the bath house section is scheduled to be installed
within 2 weeks. To this point most of the construction has been primarily done by contract
#1 (Woodburn Construction), now contract #2 (Cascade Pools) are on site and are
constructing our pools. Gunnite has been poured in all 3 pool areas including the main
pool, the training pool and the spa. Cement floors are installed in the bath house section.
The heating, air conditioning and ventilation unit is due in any time. The waterside which
Council awarded is on order. Decks are due to be poured within 30 days. As you can see,
the construction schedule is on a fast track at this point. We are planning a facility walk
through after the next Department Head pre-council meeting on May 30th. We should be
leaving City Hall at approximately 9:30am.
We are now in the process of hiring an Aquatics Center Manager. We did national
advertisement for this position and have narrowed the candidates down to six finalists.
Four of the finalists are from out of State and 2 from in State. We will be conducting
interviews on Saturday, June 3rd. We hope to have our Manager on board by late July.
In the meantime, we are gathering pertinent data regarding area admissions and program
costs. We intend to publish our fall brochure in August which will include all the new
Aquatic Center programming.
If any Council person would like me to show them around the facility don't hesitate to give
me a call.
15E
TO:
FROM:
SUBJ.:
DATE:
MEMO
Mayor and City Council
Chris Childs, City Administrator ~
Meetin_a re: County Facility Needs/Issues
May 17, 1995
Marion County officials would like to meet in a workshop session with various
Woodburn officials to discuss the county's facility needs in the next several years.
Please refer to accompanying letter from County Commission Chair Mary Pearmine.
We have scheduled an informal workshop-style discussion meeting for this
purpose for 1:30 p.m.. Wednesday. June 7. 1995 at City Hall (Council Chambers).
Some county officials will already be in Woodburn that day for a regularly scheduled
"Coordinating Committee" meeting held earlier in the day.
As noted in Commissioner Permine's letter, they are very interested in feedback
from Woodburn's elected officials, so you are encouraged to attend this meeting if
possible. I, along with appropriate City department heads, will also be present at the
meeting.
(503) 588-5212
BOARD OF
COMMISSIONERS
Randall Franke
Gary Heer
Mary Pearmine
ADMINISTRATIVE
OFFICER
Ken Roudybush
Marion County
OREGON
BOARD OF COMMISSIONERS
May 9, 1995
Chris Childs, City Administrator
City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
RE: Meeting Request
Dear Mr. Childs:
The Board of Commissioners and other elected and appointed county officials would
like an opportunity to discuss with the City of Woodburn the facility needs of Marion
County.
A number of citizens from throughout the county reviewed our building needs and
developed a comprehensive study and proposal. Highest on the list of priorities are:
· a new Juvenile Detention Facility,
· an addition to the County Correctional Facility,
· a coordinated tri-agency police building, and,
· modifications to our public & mental health facilities.
We would like to discuss these building proposals with you and the elected leaders of
Woodbum and receive your comments and feedback.
We would like to visit Woodburn at your earliest convenience for this discussion.
Would you please contact Heidi Stice in my office to arrange a meeting time? If you
have any questions, please contact me or the County's Public Affairs Manager, Carol
Fischer.
Thanks for considering our request.
Sincerely,
Mary Pearmine
Chair
cc: Carol Fischer, Public Affairs Manager
Me/cj
15E
Marion County Courthouse 100 High Street NE Salem, Oregon 97301-3670
ThePrudentml
Real Estate Professionals
340 Vista Ave. SE
P.O. Box 12397
Salem, OR 97309
Bus. (503) 371-3013
Fax (503) 364-1453
May 18, 1995
City of Woodburn
270 Montgomery St
Woodbum, OR 97071
Att: Chris Childs
Dear Chris:
This letter is an update to the progress on the Salud Medical Center. Last week the
underlying lien holder Fmlq_A informed us that they would need until June 20, 1995, to get
the necessary paper work approved by their Washington D.C. office before the loan can be
moved offthe property.
As a result, I have decided to place the project on hold until this approval has been
obtained. I have requested an extension with Salud to close the property approximately
three weeks after the written approval from FmHA.
Once this statement is received, I will continue with my due diligence process by hiring an
engineer and architect. At this point, I only have the following two concerns to address
with the City before I will continue with this transaction.
First, it will cost $125,000+/' to deal with the earthquake damage and structural repairs.
Once this investment is made, I have no idea how long it will take to lease the building out
to a tenant that you and I will want to see in the building. This means that if it takes
several years to locate such a tenant, the $125,000 is yielding no return. This is not a
favorable position to be.in. It is for this reason that I would request at least 24 months to
work through locating a tenant and perform the structural issues that need to be ddt with.
At this time, I have spoken with ten different agencies of which five have expressed an
interest in the building. It would create a government building occupied by the county.
The second concern is in regards to City permits fees and charges. In order to make this
building attractive for a government agency, it must be offered at below market rate to
compensate for the lack of interest in the downtown area. The phrase "Little Tiajuana"
has been used to describe the neighborhood, which is not a positive image for the building.
In fact the Sheriffs office has even voiced concerns about locating in the building due to
the neighborhood. It is for this reason that I would request the City of Woodburn drop all
fees/charges related to remodeling permits.
An l~:fl~pendently Ow;ted anti Operated Member of The Prudential Real Estate Affiliates. Inc.
If anyone voices concerns about dropping these fees, I would remind them of the
alternative. It would cost $130,000 to tear the building down which would leave a vacant
lot and two adjacent buildings that will then have questionable structural issues.
If you have any questions, please feel free to give me a call at my office. I will be placing
this project on hold until some of the issues I discussed are address and resolved.
Sincerely,
Dan Berrey
Broker
bar/frontOO6.wps
cc: Al Nunez
STA~]4~]~i~ R~UXI~D BY OR~ 197.763
MEMBERS OF THE COUNCIL, LADIES AND GENTLEMEN:
This is the time set for the public hearing in Annexation $94-03, Zone Map Amendment f94-05,
and Subdivision ~94-05. The nature of the application is a request to annex approximately
34.5 acres to the City of Woodburn and a zone change from County Urban Transition Farm toRS
Single Family residential. The applicant wishes to create a 145 lot single family
residential subdivision.
Oregon law requires that persons who attend a land use hearing be advised of certain rights
and duties before the hearing begins. These include the approval criteria, the "raise it or
waive it" rule, and the right to have the record remain open.
First. approval criteria. The law requires the city to list all substantive criteria
relevant to each hearing. The applicable substantive criteria are listed in the notice of
public hearing and are as follows:
Woodburn Comprehensive Plan
Residential Land Develolx~ent 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
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
6. Planning Commission
7. Public Hearing
8. General Standards
9. Residential Standards
10. Offstreet Parking, Loading & Driveway standards
15. Zone Change Procedures
19. Manufactured Dwelling Standards
22. Single Family Residential District
39. Mandatory Parkland Dedication of Cash In-Lieu
C) Woodburn Subdivision Ordinance
D) Landscape Standards
E) Sign Ordinance
The full text of all listed criteria is printed in the staff report which has been
distributed prior to this hearing and is also available now for inspection by any interested
person.
The testimony and evidence presented at the hearing must be directed towards the listed
criteria or other criteria in the Comprehensive Plan or land use regulations which you
believe apply to the application.
Second. the "raise it or waive itu r~, The Law says that any issue which might be raised
in an appeal of the Council's decision after this hearing must be raised before the record
of this hearing is closed. If you don't raise the issue before the record is closed, you
can't raise the issue on appeal. You must identify the issue clearly enough so that the City
and all interested parties have an opportunity to respond to the issue. The failure to raise
an issue with sufficient clarity to afford the decision maker and the parties an opportunity
to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that
issue.
Thirdt the riqht tO hav~ the record remain open. The law grants a participant the right upon
proper request to have the record of the hearing remain open for at least seven (7) days.
The request must be made before the conclusion of the initial hearing. A "participant" is
the applicant or anyone who has submitted oral or written testimony regarding the
application. The request may be made at any time during the initial hearing but must be made
prior to the time that the hearing is closed. Once the hearing has been closed, there is no
longer a legal right to have the record remain open for additional evidence.
Fourth. the riaht t9 ~ continuance 9f ~hQ hear~nq. The law requires that all documents or
evidence relied upon by the applicant be submitted to the local government and made available
to the public at the time notice is mailed, or at least 20 days before the public hearing.
If any additional documents or evidence is provided in support of the application, any party,
upon request is entitled to a continuance of the public hearing.
Now we will proceed with the staff report.
THE MEADOWS:
Fields of Dreams
Sometimes we take for granted how much times
change. It may take a photograph of the house you grew
up in, or running into a neighbor you once knew well, to
remind you of what the word "community" used to mean.
Once upon a time, there really was no place like home.
But in today's fast-paced
world, building a life that con-
nects traditional comforts and
contemporary styles can be
difficult. But not impossible.
Our dream was not to re-
create the neighborhood of
your childhood, but to en-
vision -- then develop -- an
environment that combines
the best of yesterday and
today, the city and the coun-
try, the young and the old. We
call this environment The
Meadows. A drive down the
streets will reveal custom homes in many different sizes
and designs. And all have attractive exteriors, making for
an experience that's pleasing to the eye. Landscaped
yards with multi-colored flowers project the image that
those inside are proud to be here.
There's a place for everybody here. Whether you're
single, retired, or a family of five, you'll add to the neigh-
borhood feeling by adding to its diversity.
Dividing the land into parcels, and developing parcels
into comfortable homes was always our vision. That vision,
we believe, is the foundation for a community to grow.
CONTENTS
SEPTEMBER 1990
THE MEADOWS:
Something More Concrete
We're not just talking to those of you pouring sidewalks
and driveways, here. We mean everyone -- electricians,
masons, contractors, bankers, title companies, Realtors,
appraisers, and home buyers. We'd like all of you to get as
excited as we are about our development.
It all started,as most projects
do, with a dream. This dream,
unlike many others, was based
on somme hard facts, Salem/
Keizer is growing. That's the
good news. The bad news was
there were no plans for
medium-priced housing to
accommodate this growth in
an organized, aesthetic way.
This, along with the availabil-
ity of acreage bordering north
River Road, presented an op-
portunity. And being longtime
Keizer residents, we felt a
commitment to our community to help with this housing
problem. So we combined opportunity with need and
created a development that would not only help to relieve
this housing crunch, but would do so in a way that would
be a tribute to Keizer.
Our dream was The Meadows. Fantasy met reality in
May of 1989 with the approval for 271 lots on approxi-
mately 63 prime acres within the city limits north of Keizer.
The land, bordered by River Road and Wheatland Road,
was purchased in July of 1989. Phase 1, which was the
development of 56 lots, was completed in late summer of
that year. Home building actually began in November
1989, with Palmer/Gross as the first builder to break
ground. April 1990 was the beginning of Phase 2, adding
37 more lots to the development.
Phase 3 included an additional seven acres purchased
in February 1990, of which three acres were donated to
the City of Keizer to be used as a park. The additional four
acres, along with six of the original 63 acres, were
developed into 35 lots. This phase was completed in
August. With the completion of Phase 3, a total of 128 ~ots
have now been fully developed in The Meadows.
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KEIZER:YOUR KIND OF TOWN
Brooklake !
Brooks Exit
4494 River Road North
Salem, Oregon 97303
U.S.POSTAGE
PAID
PERMIT N0.344
SALEM OREGON
Perkins Rd
1-5
Keize~ Keize[
Lockhaven Rd Hazelgreen Rd
Salem
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