Loading...
Agenda - 03/13/1995CITY OF WOODBURN 270 MONTGOMERY STREET °~°~ WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL MARCH 13, 1995 - 7:00 P.M. A. Council minutes of February 27, 1995 regular meeting and March 2, 1995 workshop. B. Planning Commission minutes of February 23, 1995. C. Woodburn Library Board minutes of February 22, 1995. .,....,. ;~;~'~;~`~'~:~`~`~'~`~'~ ............. A. APPOINTMENTS: 1. Human Rights Commission - Wendy Veliz B. ANNOUNCEMENTS: 1. March 14, 1995, 7:00 p.m. - City Hall, Council Chambers: 1995-96 City Budget Hearing. 2. March 14, 1995 - French Prairie School: Woodburn School District Bond Levy Task Force meeting. 3. March 14 - 28, 1995 - Election (3/28/95 mail-in) ballot boxes located in main lobby of City Hall. 4. March 18, 1995 - St. Patrick's Day Parade 5. March 20, 1995, 7:00 - City Hall - Council Workshop with the Wastewater Advisory Commi~ee. 6. March 27, 1995, 7:00 p.m. - City Council public hearing Urban Gro~h Boundary annexation proposal (Davidson Farms) 7. March 30, 1995, 4:00 - 8:00 p.m. - Wastewater Advisory Committe Open House: City Hall, Council Chambers. PROCLAMATIONS 1. March 15 - 18, 1995 - Daffodil Days in Woodburn, Oregon (American Cancer Society's fundrals~ng campaign) A. Chamber of Commerce B. Other Committees 3^ 3B 3C 4C Page 1 - Council Agenda, March 13, 1994 (This allows public to introduce items for Council consideration not already scheduled on the agenda.) 8. "'"~li~i~'~'S A. Council Bill No. ~ 612 - Ordinance reclassi~ing prope~ located on Highway 2~ 9 between Woodland Ave and Arney Rd. from CO to CR. B. Council Bill No. 1613 - Resolution receiving a gi~ from the estate of Ma~ha Eisenegger to the Woodburn Community Center. C. Council Bill No. 1614 - Resolution authorizing agreement with Woodburn Cable Access Television. D. Liquor license transfer: Woodburn Chevron to Woodburn Fast Serv Inc. A. Claims for the month of February 1995. A. SPR 95-0q Fleetwood Enterprises. A, Summary of Council Goals for 1995-96. B. Application form for city boards/commissions. C. Mill Creek lift station pump update, D. Proposed vacation of a portion of Nekia Street. E. Building Activity Report for February 1995. F, Ballot issues for March 28, 1995 mail-in election. G. Discussion paper: annexation. IOA lOB 10(; 10D 11A 14A 15C 15E l~iF I§G Page 2 - Council Agenda, March 13, 1994 COUNCIL MEETING MINUTES February 27, 1995 TAPE READING 000~ DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF NARIONv STATE OF OREGON, FEBRU~%RY 27, 1995. CONVENED_ . The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0015 ROLL. C~LL. Mayor Kirksey Present councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Manager Rohman, Community Development Director Goeckritz, Police Chief Wright, Park Director Holly, Finance Director Gritta, 9-1-1 Communications Manager Wolf, Library Director Sprauer, City Recorder Tennant 0031 MINUTES JENNINGS/FIGLEY .... approve the Council's February 13, 1995 regular and executive session minutes and the February 15, 1995 workshop minutes; and accept the Planning Commission minutes of February 9, 1995. The motion passed unanimously. OO43 N~ETING ~%NNOUNCEMENTS, The Wastewater Advisory Committee will hold a meeting-on Tuesday, February 28th, 7:00 p.m., in the City Hall-Council Chambers. - .... On February 28th, the Cable TV Advisory Board will meet at 7:00 p.m. at the Woodburn Library. The Transportation Task Force will meet on Thursday, March 2nd, 12:00 noon, in the City Hall Council Chambers. The Council Goal setting workshop will be held on Thursday, March 2nd, 5:00 p.m., at the PGE building. On March 8, 1995, the 3-Valleys Project will be meeting at the Woodburn Public Library. 007~ LETTER FROM ~WGLE & BCHMIDTNAN, ~TTORNEYS BT L~W. Attorney Shields read the letter from Attorney Joann Beck, representing Salvadore Larios, requesting Council consideration of a reduction in Traffic Impact Fees.for Page i - Council Meeting Minutes, February 27, 1995 3A COUNCIL MEETING MINUTES February 27, 1995 TAPE READING businesses in the Downtown Historic District as an incentive for attracting new businesses in the downtown core area. JENNINGS/SIFUENTEZ .... item be moved to New Business. The motion passed unanimously. 0154 ~ETTER R~G~ING BHOOTING ATT HE 7-11 STORE. Mayor Kirksey stated that she had received a letter from a citizen who expressed concern about the shooting at the 7-11 Store. Mayor Kirksey stated that she lives very close to the 7-11 Store and the incident does concern her, however, she assured residents that the City is doing whatever they can to maintain the safety of its citizens. In spite of the incident, she intends to continue living at her current residence and she is still proud to be Woodburn's Mayor. 0201 pUBLIC H~au!NG - D~NGEROUS BUILDING ~T 182 YOUNG STREET (FORMER SXTE OF RUGGED MANUFACTURING} Mayor Kirksey declared the public hearing open at 7:08 p.m.. JENNINGS/HAGENAUER .... since the building has been completely torn down and the debris is being removed, the Council not proceed with the hearing and the building be removed from the dangerous building list. On roll call vote, the motion passed unanimously. The hearing closed at 7:09 p.m.. 0217 PUBLIC ~RING - 1995 LIOUO~ LIO_~WSE ~BNE~ FOR L~ LINDA'S INC. Mayor Kirksey declared the public hearing open at 7:09 p.m.. Police Chief Wright reviewed his staff report which provided statistics on the calls for service and types of - violations/crimes by employees or patrons of the business~ He briefly reviewed the criteria established by Counc_~.l Resolution 1037 which is used to determine which establishments will automatically receive a recommendation of denial from the Police Department and give the applicant an opportunity to have a hearing beforethe Council onthe issue. Chief Wright stated that a compliance plan is in place at the establishment, however, the business owners have not been willing to cooperate with the Police Department to resolve the existing problems. He recommended that the Council recommend to the Oregon Liquor Control Commission that the license not be renewed for 1995 citing past history of the establishment and more pointedly the over 70% increase in 1994 compared to 1993 for service calls applicable under Council Resolution 1037, lack of licensee response to the police department letter in June of 1994, and violation of City Council Resolution 1037. There were no business owners or representatives from La Linda's in the audience to testify before the Council on this Page 2 - Council Meeting Minutes, February 27, 1995 3A COUNCIL MEETING MINUTES February 27, 1995 TAPE READING issue nor were there any written documents received. Chief Wright stated that the business owners did receive notice of the hearing and a copy of the staff report. No one in the audience spoke either for or against the license renewal. Mayor Kirksey declared the hearing closed at 7:13 p.m.. JENNINGS/FIGLEY .... follow the recommendation of the Police Chief and recommend denial of La Linda's 1995 liquor license to the Oregon Liquor Control Commission. On roll call vote, the motion passed unanimously. 0398 0591 PUBLIC HEARING - ZONE M~P ~MENDMENT #94-02 AND SITE PLAN REVIEW $94-14 FOR NILES CHEVROLET. Mayor Kirksey declared the public hearing open at 7:15 p.m.. Councilor Pugh stated that he had attended an ex-parte ~eeting about 3 weeks ago that was conducted by Miles Chevrolet in Ward I to discuss their development. He also declared that he was a prior Planning Commission member and that his prior involvement on items of record he will reconsider as well as items brought before the Council at this hearing and will make an unbiased decision based on those facts. Recorder Tennant read a Land Use statement required by ORS 197.763. Community Development Director Goeckritz entered the following exhibits into the record: (1) Exhibit i - Staff report submitted to the Council for this meeting; (2) Exhibit 2 - BP Group Inc. study that was done for Miles Chevrolet by consultants representing the applicant; (3) Exhibit 3 - Planning Commission findings for December 8, 1994 that substantiate the Commission's decision to approve the application; and (4) Written testimony by proponents and opponents. He stated that Miles Chevrolet has submitted an a~_p. lication that would (1) amend the zone map from Commercial Office (CO) to Commercial Retail (CR) for a 6.4 acre parcel of land located west of the I-5 interchange and (2) approve the site plan for an auto sales lot. He provided background information on this application which consisted of an initial hearing before the Planning Commission on July 14, 1994 which resulted in a denial of the application, subsequent appeal to the Council and, following their hearing, remand back to the Planning Commission to review additional testimony. The Commission held another hearing on November 10, 1994 and, after closing the hearing, decided to approve the application with conditions. The Commission took official action to accept the findings for approval on December 8, 1994 and those findings are part of the staff report submitted as Exhibit $1. Director Goeckritz stated that the Comprehensive Plan Map designates the land as Commercial. There are five commercial designations: 1) Commercial Office, 2) Commercial Retail, 3) Page 3 - Council Meeting Minutes, February 27, 1995 COUNCIL MEETING MINUTES February 27, 1995 TAPE READING O9O8 Commercial General, 4) Interchange District, and 5) Commercial Business. In regards to the site plan, the proposed auto sales lot would have over i acre of landscaping, a building consisting of approximately 14,000 sq. feet, and approximately 5 acres of paved surface for access, customer parking, loading/unloading, and 'display of automobiles. Under the current plan, Arney Road will require a 1/2 street improvement plus improvements at the Arney Road/Hwy. 219 area to provide sufficient turning radius for large convoy trucks to enter the east driveway area into the auto sales lot. Originally, a road was to have been built on the north side of the development to provide traffic circulation from Arney Rd. to Woodland Ave.. However, the developer will now only be required to improve approximately 125 feet from Woodland Ave. east and the remainder~f ~he - proposed roadway be dedicated for future roadway use. The dedicated roadway would not be improved until such time as additional development in that area occurs. The developer will also be required to provide some improvements along Woodland Avenue. He stated that Council alternatives are 1) approve the zone change and the site plan review, with conditions established or 2) deny the application. Staff will provide for findings and conclusions for either alternative in Ordinance form at a subsequent meeting. Dan Frickey, traffic engineer from the Oregon State Highway Department, stated that ODOT has been working toward a traffic circulation pattern and ODOT has decided that Woodland Avenue is the best alternative available to re-route traffic from the Arney Road area. The Arney Road intersection is too close to the interchange for traffic progression and ODOT has designated Woodland Avenue as the next location for traffic signalization on the west side of the interchange o~e the traffic warrants have been met. It was also note~--thatArney Road is a frontage road which is owned by the State.' Wally Lien, attorney representing Miles Chevrolet, stated that the applicant has been trying to work out the details of concerns from local residents including the traffic situation. The applicant is willing to do various improvements at this time which amount to approximately $325,000. They are willing to work towards a comprise in order to get this issue resolved and are willing to protect the residential area from any through traffic until such time as additional developments to the northeast are approved which would require the improvement of the roadway on the north side of their property. They have incorporated additional landscaping to help with the buffering between the commercial and residential property. Other changes that have been made from the original plan include redesigning the building so loading/unloading of vehicles can occur on the east side of the property, the building will only Page 4 - Council Meeting Minutes, February 27, 1995 3A 3A COUNCIL MEETING MINUTES February 27, 1995 TAPE READING be i story in height, there will be no PA system and employees will wear pagers, special light shields will be installed, and security guard(s) will be on site to reduce vandalism. In regards to the traffic issue on Woodland Avenue, the driveway across from Myrtle Street will be a right-turn only from the auto sales lot once a traffic light is installed at the Woodland/Hwy. 219 intersection. Approximately 40 feet of the center island near the north end of the property will be lost for roadway purposes and trees within the wetlands will not be removed. A major development in the area would trigger signalization along with other road improvements. He stated that the applicant has been working with their neighbors to address issues of concern and he urged the Council to concur with the Planning Commission on their findings in favor of the application. -~- ~-~ .... 1550 Robert Earl, 5511 S. Sconce Rd., stated that he was one of the initial participants of the initial survey of the property. He has been a businessman in this community for over 30 years and has watched Woodburn grow. While working at the site, he observed signs of people living in the back area of the property at night and development of the property would eliminate this problem and provide more security for the residents in the neighborhood. He spoke in support of the application for zone change and site plan review approval. MaryAnn Imblum, 3117 Myrtle, spoke in favor of the proposed auto sales lot citing the ability to have one owner to contact regarding concerns about the property and/or security issues as an advantage for the residents who live within close proximity of the business. She also stated that Mr..Miles has tried to work with the neighbors to address their c6hcerns and that he is being considerate to the residents wit4~i-n the neighborhood in putting this development together. -- Bernadine Imblum, 3117 Myrtle, stated that she was also speaking on behalf of 7 individuals in her neighborhood who are more than willing to have the Miles Chevrolet development at the corner of Woodland Avenue and Highway 219. 1800 Carl Brown, 914 Meadowvale Lane, spoke in support of the application and felt that the Miles family is more than willing to work with the local residents to put their auto dealership at that site with as little impact as possible. Miles Chevrolet has done a great job in supporting our community and he urged the Council to support them on this project. Mindy Smith, 305 McLaughlin, also spoke favorably on the application. She stated that, within our community, Miles Chevrolet has been an outstanding contributor to our community including her $1 cause the McTutor Program. She is~extremely Page 5 - Council Meeting Minutes, February 27, 1995 3A COUNCIL MEETING MINUTES February 27, 1995 TAPE READING impressed with what they are willing to do for our City as it appears on the plans. Randy Saunders, representing the Chamber of Commerce, spoke in support of the Miles Chevrolet application based on the business reputation and their commitment to Woodburn. Jim Olson, owner of property near Front & Oak St., stated that Land Use plans in the 1970's encouraged growth in the downtown area versus Hwy. 99E, however, plans are continually changed or modified to meet development needs and growth is .now shown on Hwy. 214 and Hwy. 99E. He urged Council approval of the proposed zone map amendment and site plan review. Carlile Ramon, Pastor of the Seventh Day Adventist Church, 782 Willow, stated that growth is inevitable and he welcomes any change when it is for the betterment of the community. Even though he, along with many of his church members d~.not~.li~e in the neighborhood, they do own property adjacent to Burlingham Park and feel that Mr. Miles has diligently worked to accommodate the residents as much as possible. Mr. Miles is a long-time businessman within our community and supporter of numerous activities. He urged Council approval of the application. 2245 Layton Frawley, 1243 Woodland Avenue, spoke in opposition to the application citing traffic and neighborhood issues as reasons for denial. He was concerned with the issue of public need since other property in town is already designated as Commercial Retail that could be used for an auto sales lot and he did not feel that an auto sales lot was the best use of the land at that particular location. He also questioned if the roadway would be mandated between Arney Road and Woodland Ave. Jose Gonzalez, 3388 Jory St., expressed his opinion that the applicant has not shown that the Comprehensive Plan-was in error. He was concerned about the follow through_on promises made by Mr. Miles to the residents within the West Woodburn area. He felt that the residents were the losers in this case since the developer and City had been pursuing road improvements between Arney Road and Woodland which would eventually increase traffic in the residential neighborhood. He felt that a hearing should be held on the question of signalizing Woodland Avenue and he also felt that there was sufficient land currently available for a car dealership without redesignating more property. John Zobrist, 923 Willow, stated that there have been a lot of changes in the developer's proposal since it first appeared before the Planning Commission. He was concerned about the traffic within the neighborhoods and the potential loss of the median strip if the roadway is widened. He provided the Council with copies of an excerpt from the January 25, 1995 issue of the Wilsonville Spokesman newspaper to illustrate his concerns regarding traffic before a traffic plan isadopted by Page 6 - Council Meeting Minutes, February 27, 1995 COUNCIL MEETING MINUTES February 27, 1995 TAPE READING the Council. He briefly addressed concerns regarding the aesthetics of the area and potential decrease in property values resulting from the placement of a auto sales lot at that location. Tape 2 Sy Miegs, 1710 Woodland Ave., questioned why the Council was even considering a change to the zoning map until all existing CR land is depleted. In regards to the traffic, the new plan to only improve 125 feet will help temporarily, but it is unknown as to when commercial traffic will be dumped onto a residential collector street. He stated that the land is currently zoned Commercial Office which provides for multiple uses. He also suggested an alternative to the traffic flow in that the Miles property be divided into two parcels and Arney Road be moved west of its current location thereby eliminating the need for Woodland Avenue as the main collecto~$tre._~.on the north side of Highway 214. 0232 Wally Lien, attorney representing Miles Chevrolet, stated that they had numerous meetings with the City, public, and ODOT regarding the roadway issues. ODOT wants the connection at Woodland Avenue for a potential signal at that intersection. Once a major development occurs near I-5, there will be a need to connect Arney Road with Woodland Avenue. The two potential areas for this connection is (1) the north side of the Miles Chevrolet property, and/or (2) near the Jory/Steven/Nekia Street area near the northerly end of Woodland Avenue. In regards to promises made, those promises are part of the conditions of approval which are legal commitments to be enforced by the City. The issue before the Council is a zone map amendment rather than a Comprehensive Plan map change. Traffic studies indicate that office malls have a traffic impact of 2,000 or more cars per day whereas a car dealership have 200 cars per day. The berm along the west side of the property would give Woodland Avenue the continued aesthetic look for a nicely landscaped entrance area. The applicant has tried to work with the neighborhood to address their concerns and, whenever possible, made adjustments to meet those concerns. Mayor Kirksey declared the public hearing closed at 8:50 p.m.. Councilor Figley stated that her concerns originally involved 1) test driving of vehicles in the residential areas and 2) the need to have the dealership not look like the typical auto sales lot that you might see in the Portland area. She stated that the site plan as resubmitted addresses her concerns and the widening of Arney Rd. to accommodate the large convoy trucks will help to reduce the amount of truck traffic on Woodland Avenue. She expressed her opinion that the applicant 3A Page 7 - Council Meeting Minutes, February 27, 1995 3A COUNCIL MEETING MINUTES February 27, 1995 TAPE READING has tried to mitigate the issue and feels that the applicant has met the burden of proof. Councilor Jennings expressed his opinion that the developer has met the criteria which would allow for the zone change and he did not feel that the 7 parcels of existing Commercial Retail inventory met the applicant's business needs. He stated that Bob Kendall Chevrolet in Vancouver is also located adjacent to a residential area and his establishment has changed the concept as to where this type of business could be located. Kendall Chevrolet has also been recently Cited for their contributions to their community. He felt that the dealership would have a low traffic impact in comparison to an office complex and Arney Road will continue to be a topic of discussion in the years to come. In regards to the State, they do not want to destroy the wetlands and they will be redirecting traffic from Arney Road to Woodland AVenue ~'"some point in the future. Councilor Hagenauer also voiced his support for the proposed development. Councilor Sifuentez stated that a lot of study has gone into this proposal which she feels is good for the area. She also believes that Miles Chevrolet will be putting their promises in place and this project will be good for the community. She feels for the residents in the area and knows what it is like to live on a busy street, however, Woodburn continues to prosper and grow. Councilor Chadwick stated that her initial concern was test driving in the residential area which will now be prohibited as one of the conditions. In addition, the proposed landscape design will make the area more attractive. 0936 Councilor Pugh stated that Miles Chevrolet has gone out of their way to make this development work both financially and to make it as pleasant and aesthetically plgasing__a.s possible to .the neighborhood. He expressed concern on the traffic situation since some of it may be redirected down to Willow Avenue which is only one of two streets within the West Woodburn development that exit onto Highway 219. There is a lot of children in that area and safety if a major concern. He expressed concern over the possibility of allowing Nekia Street to open to the east and creating a substantial amount of traffic flow down Woodland Avenue to Highway 219. He stated that he would continue with his vote in opposition of the application because of his concerns on the roadway issues. Mayor Kirksey stated that it appears that Miles Chevrolet has met the criteria, however, she is also concerned about the traffic issue. She would like to see a traffic signal at the Woodland Avenue/Hwy. 219 intersection. She also suggested that the Council consider the vacation of the dedicated street east of Woodland near Nekia St. area in order to keep future Page 8 - Council Meeting Minutes, February 27, 1995 TAPE READING 1203 1235 1305 COUNCIL MEETING MINUTES February 27, 1995 traffic from any large developments away from the residential area. JENNINGS/FIGLEY .... support the decision of the Planning Commission and staff prepare an ordinance with findings in favor of the zone change amendment and site plan review with the conditions recommended by the Planning Commission. On roll call vote, the motion passed 5-1 with Councilor Pugh voting nay. The Council took a recess from 9:12 p.m. to 9:21 p.m.. COUNCIL BILL 1610 - ORD!__W~NCE ANNEXING 22 ~CRES LOCATED WEST OF BOONES FERRY RD. AND NORTH OF LINCOLN ~LEMENTARY SCHOOL. AM__~NDING T~.~ WOODBURN ZONING NAP. ~ND APPROVING THE ~RELIMINARY SUBDIVISION pL~T FOR HENRy FARMS~. .~, ~..~ ...... Council Bill 1610 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1610 duly passed. COUNC~D ~ILL 1611 - RESOLUTION C~LLING FOR A PUBLIC HEBRING ON THE ANNEXATION OF ~9~6 ACRES OF PROPERTy LOCATED IN SOUTHWEST QU~ADRANT OF THE I-5 INTERCHANGE ~REA, Council Bill 1611 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 1611 duly passed. The hearing is scheduled for March 27, 1995. TRANSFER OF LIOUOR LICENSE (FORN~RLY KNOWN kS ~UB 99; 1032 N. PACIFIC HIGH, FAY). - - Chief Wright stated that the applicant, Yee, Inc., has had 16 years in the liquor serving business and has not been involved in illegal activities or the subject of a criminal investigation. Ken Yee, one of the principal owners, has operated The Pier restaurant on Highway 99E for the past year and he has received only one warning violation. In regards to the drug investigation that culminated on January 12, 1995 with the arrest of several individuals at the location, Chief Wright stated that Mr. Yee had assumed the business 48 hours before the drug bust. Mr. Yee immediately closed the business and has voluntarily kept the business closed to this date. The Chief stated that Mr. Yee has agreed to a compliance plan and he has pledged his support in working with the Police Department. Extensive remodeling will be done at the establishment and a video monitoring system installed for viewing by the department on an as needed basis. Chief Wright 3A Page 9 - Council Meeting Minutes, February 27, 1995 3A TAPE READING ~619 1649 1984 COUNCIL MEETING MINUTES February 27, 1995 stated that he has had a positive working relationship with Mr. Yee as of this date. Ken Yee, owner, stated that his family has been in the restaurant business for many years and he purchased the Pier Restaurant about I year ago. He and his family have been concerned about the reputation of Pub 99 and its effect on the Pierrand, as a result, decided to purchase the business. They hope to change the clientele at the tavern and, to some degree, at the Mall 99 area. He is ready to adhere to the provisions within the compliance plan and he does not want drugs or violence at either of his establishments. Chief Wright recommended approval of the transfer of license of the Pub 99-Ray's Sports Bar to Yee Inc., Woodburn Corner Sports Pub, with the Compliance Plan as special conditions. JENNINGS/PUGH .... accept the Police Chief's recomm~.nda~ion to 'grant the liquor license transfer with the compliance plan as special conditions. The motion passed unanimously. 9ALUD CLINIC D~NGEROUS BUILDING ISSUB, Based on the discussions held during the February 15th workshop, JENNINGS/FIGLEY .... delay any action until the March 27, 1995 Council meeting. The motion passed 5-0-1 with Councilor Sifuentez abstaining. TRAFFIC ~MPACT FEE ISSUE REs DOWNTOWN HISTORIC DISTRICT. JENNINGS/FIGLEY... for any business who chooses to remodel in the Historic District, the Traffic Impact Fee be reduced by 50%. Councilor Figley stated that she would like to get some financial statistics on this issue before a final decision is made. "- Councilor Jennings expressed his opinion that some_concessions need to be made in order to attract businesses to the downtown area, however, staff needs to research this issue and provide a report on the feasibility of this or any other type of incentive program. councilor Pugh suggested that the City may want to look at forming a Task Force to address this issue along with other options in order to encourage growth in the downtown area. Mayor Kirksey expressed her opinion that the City needs to look at both options since there is a need to encourage revitalization of the downtown area. Councilor Jennings also suggested that the property owner could pursue the appeals process in the ordinance is try and obtain some relief from the current TIF fee structure. JENNINGS/FIGLEY .... request City Administrator to look into the possible establishment of a Task Force to work with staff in reviewing the TIF procedure for the historic area with the Page 10 - Council Meeting Minutes, February 27, 1995 3A TAPE READING 2019 2245 COUNCIL MEETING MINUTES February 27, 1995 possibility of revising that procedure. The motion passed unanimously. JENNINGS/FIGLEY... City be instructed to reply to the letter from Engle & Schmidtman regarding the Salvadore Larios issue and recommend that he apply for relief through the procedures outlined in the ordinance. The motion passed unanimously. STAFF REPORTB~ (A) Citywide Clean-up Day --- On March 18 and 19, 1995, United Disposal Service will again provide drop boxes at selected locations for disposal of yard debris. The location of the drop boxes are as follows: (1) South Settlemier parking lot; (2) Alexandria Ave. behind city shop complex; (3) West Woodburn's Burlingham Park; (4) Downtown parking l~t ad~.~cent to the Post Office; and (5) Senior Estates Clubhouse p&~king lot. (B) Mill Creek Lift Station Pump Update -- Public Works Manager Rohman stated that the pump had been repaired earlier in the month, however, the machining of the new shaft did not fit the bearing properly causing the pump to fail again. The shaft was again removed and a new shaft will be installed tomorrow at no cost to the City. (C) St. Patrick's Day Parade -- the Woodburn St. Patrick's Day Committee Inc. has received approval from the Oregon Department of Transportation to use the same parade route as last year (starting at Bi-Mart parking lot, east on Hwy. 214, then south on Hwy. 99E to Cleveland Street). The Police Department has also issued a permit for the parade which will be held on Saturday, March 18th, beginning at 11:00-a.m.. The Police Department will be working in conjunqtion._Mith the Street Department in providing traffic control. Councilor Jennings questioned if the telephone booth near the Elk's Lodge (409 N. Front) could be removed from that specific location and, if possible, put across the street. Staff indicated that the phone booth was in the public right- of-way and the city could designate the location of the phone booth. JENNINGS/HAGENAUER .... investigate the relocation of the phone booth and, if possible, have it placed on the south side of Hayes Street. The motion passed unanimously. Councilor sifuentez stated that the swimming pool is making progress and the bricks will be sold until April 1st. Page 11 - Council Meeting Minutes, February 27, 1995 COUNCIL MEETING MINUTES February 27, 1995 TAPE READING 2396 PUGH/JENNINGS .... City pursue the closure of Nekia Street stub. Councilor Jennings stated that he would like staff input on the proposed vacation of the street prior to a public hearing on the issue. Councilor Pugh felt that the closure should be made since the residents in the area present at the hearing are expecting the closure. 2510 2531 Mayor Kirksey reminded the public that the Berry Museum Theater was showing an old film entitled "You Can't Take It With You" on Thursday at 2:00 p.m.. She also stated Bill and Carla Coleman will be performing "Tenting Tonight" on March 3, 4, 5, 10, 11, and 12th at the Bungalow Theater. ~DJOURNMENT: JENNINGS/FIGLEY .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:57 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 12 - Council Meeting Minutes, February 27, 1995 COUNCIL WORKSHOP MEETING MINUTES March 2, 1995 TAPE READING DATE. PORTLAND GENERAL ELECTRIC OFFICE MEETING ROOMy 2079 PROGRESS FAY, CITY OF WOODBURNv COUNTY OF NARION, STATE OF OREGON, MARCH 2, 1995. CONVENED. At 5:30 p.m., Mayor Kirksey convened the workshop session for the purpose of discussing Council goals. ROLL. CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present (6.{A0 p:fm. ) Present Staff Present: City Administrator Childs, Public Works Director Tiwari, Park Director Holly, Community Development Director Goeckritz, Library Director Sprauer, Police Chief Wright, Finance Director Gritta, City Recorder Tennant Also in attendance: Marv Himmel, Facilitator Shelby Case, Woodburn Independent 3A Facilitator Himmel provided informational background on the goal setting process which involves 3 steps - 1) Identifying goals, 2) Staff reviewing those goals to analyze impact and action planning, and 3) the budget process to achieve-the goals. He noted that the goals should drive the budget process and not be driven by the budget proGess..__Lastly, implementation and periodic updates complete the cycle. Prior to this workshop, the Council and staff had prepared short and long-term goals which were summarized by Hr. Himmel into categories. Prior to reviewing this summary, the Mayor, Council and staff each provided a description of their individual goals for the community. The following is a list of goals that the Council would like to see over the next two years. During the discussion process, the staff provided background and technical information to assist the Council in establishing their goals. PARKS AND RECREATION: 1) Complete Phase I of Centennial Park 2) Accessibility and maintain cleanliness and safety in the Parks and other public buildings 3) Parks Master Plan - may involve neighborhoods; teen center; private developments; bike/pedestrian paths Page I - Council Workshop Meeting Minutes, March 2, 1995 COUNCIL WORKSHOP MEETING MINUTES March 2, 1995 TAPE READING VOLUNTEERS= 1) Policies and procedures guide for appointees and volunteers TRANSPORTATION: 1) Adopt a Comprehensive Transportation Plan and begin its implementation - would include mass transit, fast rail, and interchange area 2) Lobbying for a second interchange STREET IMPROVEMENT= 1) Repair roads and pave unpaved roads - involves review and reprioritizing projects~ establishing priorities and policies LIABILITy/NEIGHBORHOODS~ 1) Continue to vigorously enforce existing ordinances and seek effective ways to maintain the livability and gual~'%y o~ neighborhoods BEAUTIFICATION= 1) Develop an inventory of opportunities and strategies for City beautification ~DOPT A STREET PRO~RAM~ 1) Enact a program that involves litter pick-up and recognition to volunteers UTILITIES - ~ASTEW~TER~ 1) Adopt a Facilities Plan and sell bonds UTILITIES - ~ATER: 1) Develop a Waster Master Plan DOWNTOWN= 1) Explore options and opportunities for er~anui~he viability of the downtown area - may include tax incentives for improvements, other miscellaneous improvements, reduction in Transportation Impact Fees (TIF) NE~GHBORHOOD~ATCH PROGR~MS~ 1) Actively promote neighborhood watch programs within the community HUMAN RIGHTS COMMISSION~ 1) Activate the Commission and implementpolicies and programs ~MPLOYEE RECOGNITION= 1) Start an employee recognition program by and from the City council Page 2 - Council Workshop Meeting Minutes, March 2, 1995 TAPE READING COUNCIL WORKSHOP MEETING MINUTES March 2, 1995 At the conclusion of the goal setting process, it was noted that the next step would be for the staff to analyze the goals and prepare a report for Council review. The workshop concluded at 10:00 p.m.. 3A APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, March 2, 1995 3B MINUTES WOODBURN PLANNING COMMISSION FEBRUARY 23, 1995 1) 2) 3) 4) 5) ROLL CALL: Chairperson Vice Chairperson Commiss,oner Comrhissioner Commissioner Commiss,oner Commissioner Commissioner Commissioner Mrs. Warzynski Present Mrs. Bjelland Present Mrs. Davis Absent Mrs. Henkes Absent Mr. Kosikowski Absent Mr. Finch Absent Mr. Atkinson Present Mr. Salyers Present Mrs. Schultz Present Staff Present: Steve Goeckritz, Community Development Di'~-~ctor'~ Teresa Engeldinger, City Planner MINUTES: The Planning Commission meeting minutes of February 9, 1995 were accepted as written. BUSINESS FROM THE AUDIENCE NOT ON THE AGENDA: None COMMUNICATIONS: None PUBLIC HEARING: A. Site Plan Review 95-01 Staff read the statement required by ORS 197.763 to begin the public hearing. The nature of the application is a site plan review of an approximate 6,000 sq. ft. storage shed and concrete test pad. The applicant is David J. Newton & Associates for Fleetwood Enterprises. Staff read the Approval Criteria, the Raise it or Waive it Rule and the Right to Have the Record Remain Open. PCIV~PCM2-23.9 5 SG:bw 3B Staff made the clarification the section of the report conditional use does not apply to this application. This is an outright permitted use. Staff stated that Fleetwood was requesting approval to put together a 6000 sq. ft. storage shed with a testing pad. What they do is randomly sample some of the manufactured homes and set them up to make sure that they fit together as built. Staff has recommended approval of this request. Staff stated that the Commission might want to make note that some of the parking spaces will be lost with this addition. Staff has told Fleetwood that they will have to make up the lost parking spaces. The requirements are that they have at least one parking space per employee. They will need to keep with this standard either in this development or in any future development. There are some previous conditions of approval that need to be taken care of from their other addition. The applicant is aware that they need to work on getting staff information regarding those conditions of approval. Commissioner Warzynski asked about the cul-de-sac on National.~.VVay..... Staff answered that it was part of the previous conditions of approval. Commissioner Warzynski asked if Fleetwood and Patrick Industries would be sharing this cul-de-sac. Staff answered that Fleetwood would be mainly using it but it would be another access for Patrick Industries to their property. They now have a street entrance onto Hwy 99E. Tom Cooper of David Newton & Associates, 1201 SE 12th Ave. Portland, representing Fleetwood Enterprises, stated that he concurred with staff's recommendations and would answer any questions the Commission had. Commissioner Schultz asked if the testing pad would be use for any combustible or flammable materials. - Mr. Cooper answered no, the manufactured homes would be assembled in the factory and then taken out and put on the test pad to make sure that both sections of the home match. Commissioner Bjelland asked if there would be a sprinkler and ventilation system in the storage shed. Mr. Cooper answered yes. PCIV~.PCM2-23.95 SG:bw 2 3B Commissioner Bjelland asked about the landscaping not being required. Staff answered that it refers to the original plan which identified all the landscaping. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this project. There were none. She asked if there was anyone who wished to speak against this project. There were none. She closed the public hearing. Commissioner Schultz made the motion to approve SPR 95-01 with the all the necessary requirements involved. Commissioner Bjelland seconded the motion. A vote was taken and the motion passed. Annexation 95-01, Comprehensive Plan Amendment 95-01, Zone Change 95-01, Urban Growth Boundary Amendment 95-01 Davidson Farms - located in the SW quadrant of the I-5 Interchange Area Staff read the statement required by ORS 197.763 to open the public hearing. Staff stated that the nature of the application is an amendment to the Comprehensive Land Use Plan, Urban Growth Boundary Amendment and Annexation and Zone Change of approximately 19.6 acres from EFU (Exclusive Farm Use) to IL (Light Industrial). Staff read the necessary Approval Criteria, the Raise it or Waive it Rule and the Right to Have the Record Remain Open. Staff entered into the record the following documents, (1) the original application made by the applicant in this case, (2) the applicants staff report, (3) the traffic study done by Kittelson & Associates regarding the I-5 Interchange area, (4) letters of support, (5) staff report done by-City staff. Staff stated that the applicant wished to have annexed into the city a 19.6 acre parcel. Staff discussed the current amount of IL zoned land in the city limits. Staff stated that with this 19.6 acres annexed into the city and zone changed to IL from EFU, the potential of a future overpass could be moved further south and would not jeopardize a substantial size piece of industrial land that could be developed in the future. Dan Ritter, Attorney, 530 Center St. NE, Salem, representing the applicant stated that in addition to having Mr. Wally Lien as the lead technical consultant PCM\PCM2-23.95 SG:bw 3 3B on land use. He stated that Dave Larson, McKenzie Engineering has done an extensive traffic study. Phil Skultz from Skutlz & Associates for an extensive wetland study. The reason that they were here for a UGB change was that the City of Woodburn, Kittelson & Associates and Mr. Larson all said "put the split diamond interchange further south". LCDC said that they could not locate it in this location on the Transportation Plan if it was not in the UGB. He stated that if the split diamond was put in where it is originally planned, it would ruin the applicants property and it would cut through the Capital Development project. He stated that the City, ODOT, LCDC and everyone was in favor of moving it further south. He stated that there are no wetlands located there. It has. nothing there that would impede the development of an interchange. Wally Lien, Land Use Attorney, 1191 Capital St., Salem, consultant for the applicant, explained that the first part of the application was to facilitate the city's Transportation Plan by allowing the movement of the south bypass and getting rid of the LCDC rule that these things must be inside the UGB, the second part is the property owner wanting to protect the integrity of the industrial lands that he owns. He stated that he and his associate~'had'g°tten the technicad information regarding industrial property in Woodburn from city staff and went out and physically verified this information. He explained the exhibits that were included in the applicants staff report. He stated that there are only 22 parcels left for industrial use. He explained that some of these parcels are not really available development. He felt that about 80% of the industrial use property in Woodburn has been used up. Tony Orlandini, manager of HWl Distribution Center, 333 S. Woodland Ave., Woodburn, stated that he was here in support of the proposal. He addressed two points, (1) the main reason for the change was to move the interchange further south to preserve the integrity of the parcel adjacent to HWI and also not disrupt the planned future development on the east side of the freeway. He hoped that eventually that the rest of the west side will be developed into an Industrial Park adding jobs and revenue in a very pleasant idrOfessional environment to the community. (2) he stated that when HWI was-'negotiating for the property with of Mr. Don Davidson, he had a sincere concern for the City of Woodburn and the people and the impact that HWl business might have. We had to give him assurances but also show him through proofs of pictures of our other facilities that we would construct a quality facility with landscaping that is attractive and well maintained. Gerry Gardner, Regional Development Officer for Oregon Economic Development, he stated that he is tasked with recruiting firms to Marion, Polk and Yamhill counties. He explained that at the present time Intel is building a new facility in Hillsboro at a cost of 2.2 billion dollars investment. He stated PCM\PCM2-23.95 4- SG:bw 3B that IDT is building a 800 million dollar expansion in Portland area. Currently OED is working with Newberg to bring a silicone wafer manufacture into Newberg, it will be a 900 million dollar investment and 1,000 jobs in the next ten years. He stated that those kinds of firms cannot be put in Woodburn due to the lack of industrial sites. He stated that the Oregon Economic Development is dealing with those type of firms at least one a month. He stated that the Oregon Economic Development Department was in favor of moving the interchange further south and keeping this property in tact. Dave Larson, Civil/Traffic Engineer, McKenzie Engineering Inc., 0690 SW Bancroft, Portland. He stated that he had been retained by the applicant to review the transportation aspects of this proposal. He stated that he had reviewed the Kittelson & Associates study prepared for the city, dated June, 1993. It deals with the interchange study. He stated that his firm agreed with the Transportation Task Force and the Kittelson study that the split diamond configuration will provide the best traffic operation and will reduce the reliance on Highway 214. The south overpass alignment does not inclu.~e this 19.6 acre parcel. It requires construction of a loop ramp for access to I-5 southbound. This is less efficient for traffic operations and is impacted upon existing industrial property. The 19.6 acre inclusion in the UGB would allow the design of the split diamond interchange with south ramp overpass an acceptable separation from the Highway 214 overpass acceptable to ODOT. Don Davidson, applicant, 18361 River Road, St. Paul, stated that he had been a farmer all his life. He has farmed in Woodburn for the past 35 years. He stated that a 19.6 acre parcel is too small parcel to be economic unit in farming. He felt that this 19.6 acres should be added into the UGB with the rest of his property. Mike Jaeger, 420 Smith Drive, Woodburn. He is the Chairperson of the Woodburn Chamber of Commerce Business Development Committee. He stated that on behalf of the Chamber of Commerce they strongly ~upport the Davidson Farms request. He stated that the Chamber concurred~lth the need to expand the UGB to appropriately locate the planned split diamond interchange and allow for the parcel of land under discussion to be rezoned to light industrial. 1) Woodburn is lacking in industrial zoned land. He read a letter addressed to the Chamber from the Oregon Economic Development Department regarding lack of industrial zoned land. 2) the rezoning could draw an industrial development, it invites the likelihood of private participation in road improvements that are desperately needed. 3) Woodburn is in a state of growth, we have a choice to either allow growth to take place in whichever fashion it may or take an active role in responsible facilitating growth that makes sense in this community. PClV~PCM2-23.95 SG:bw 5 3B Barbara Lucas, 214 E. Clackamas Circle, Senior Estates. She stated that she hoped the Commission was in support of the south bypass and approved the rezoning of Mr. Davidson's property. She stated that the south bypass will relieve many of the traffic problems along Highway 214 and as a consequence many of the traffic problems in Senior Estates will be reduced too. She had further comments on the traffic problems on neighborhood streets and Highway 214. She asked that her report be included as part of this hearing. Jane Kanz, Executive Director, Woodburn Chamber of Commerce, stated that she was in support of expanding the UGB and changing the zoning of the Davidson Farms 19.6 acres. Many more opportunities would open up to sell his property to a large industrial firm. The south bypass would help with the traffic situation. Chairperson Warzynski asked if there was anyone in the audience who wished to speak against this proposal. There were none. She closed the public hearing. Commissioner Schultz made the motion to approve the amendment of the UGB to include the 19.6 acres. Commissioner Bjelland seconded the motion. A vote was taken and motion passed. Commissioner Atkinson made the motion to approve the annexation of the property to the City of Woodburn. Commissioner Schultz seconded the motion. A vote was taken and motion passed. Commissioner Schultz made the motion to amend the Comprehensive Plan and rezone the property to IL. Commissioner Bjelland seconded the motion. A vote was taken and the motion passed. Chairperson Warzynski called a two minute recess. 6 REPORTS: PCIV~PCM2-23.95 SG:bw 6 3B 7) A. Henry Farm Subdivision Fence. Staff stated that the men on the Council said that they wanted the cyclone fence, the women on the Council said that they wanted the cedar fence. Staff felt that due to so few Planning Commission members present at the last meeting that he wished to take this back to the Commission for confirmation from a few more members as to the type of fence to be used to abut Senior Estates. He stated that at the last Planning Commission meeting it was decided by the members present that a cedar fence with a lattice on top. It was made clear by the Commission that they wanted cedar not cedar tone. There was some discussion among the Commission as to the precedence that this would be setting. There was some concerns about making this requirement be consistent with future developments. There was some discussion among the audience, the Commission and staff regarding the fence. Chairperson Warzynski called for a roll call vote on the motion of the use of Western Red Cedar alternative #2 for the fence that will abut se:r~ior Estates. Chairperson Warzynski Yes Vice Chairperson Bjelland Yes Commissioner Schultz No Commissioner Salyers No Commissioner Atkinson Yes The motion passed. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCM~PCM2-23.95 SG:bw 7 3C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: February 22, 1995 Willy Baldwin - Present Gloda Predeek - Present Nancy Bowman - Present Jean Weathedll - Present Dorothy Jaeger - Present STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S REPORT: OLD BUSINESS: Linda Sprauer, Director Judy Coreson, Recording Secretary Chris Childs, City Administrator President Gloria Predeek called the meeting to order at 12 Noon. The monthly Board minutes of January 25, 1995 were approved as submitted. Monthly Statistics: The monthly statistics were self-explanatory. Activities: A list of activities was distributed to the Board. The Chatauqua Series begins this evening at 7 PM in the Multi.-Purpose Room with "Uniquely Oregon: Exploring Oregon Folklere", a slide and lecture presentation by Sharon Sherman_from the_.University of Oregon. A City Employee Recognition is being planned for April 21. Custodial Position: Chds Childs, City Administrator, attended the meeting to respond to the Board concerning the Custodial position, especially security for staff and patrons. The full-time custodial position for the library is not included in the 1995-96 budget. A schedule adjustment of the Custodian Crew has been made to enable security for employees when leaving the building in the evenings. The Police Department may be called when necessary for security purposes. Chris felt the City's new Maintenance Division is successful city wide; however, all needs are not being met. Another half-time employee is proposed to be added to the Maintenance Crew in the next budget year, which will add more hours of service to the library. A City "Exclusion Ordinance" is in draft form which contains criteda for excluding problem patrons from returning to the library. To be able to fund the previous Custodial position full time, which also provided some security for the Library in addition to the custodial chores, some other item in the Library's budget would have to be eliminated. The Library Endowment Fund will be repaid at the rate of $12,000 per year over a five-year period for the replacement of the HVAC fans. If the CCRLS measure passes, there will be a continuation of equalization funds from CCRLS. However, tax revenues may be less the same amount. For these reasons Capital Outlay items were not included in the 1995-96 budget. Chris asked Linda and the Board to make a list of items or projects needed for a Capital Improvement Program to aide in the budgeting process. Building Repair Project: This project is completed. Heating System Project: At the request of the Library Boa'rd, the HVAC system fans will be replaced along with the City Hall project. The $52,000 to fund this project will be borrowed from the Library Endowment fund and will be repaid at the rate of $12,000 per year over a five-year period. Parking Lot Project: The parking lot is still on target to be built before the end of this fiscal year. CCRLS update: The CCRLS measure has been passed in the Senate and will now go to the House. NEW BUSINESS: Next Meeting Date: The March monthly meeting was changed from the 22nd to the 29th. -.. ..BU.SINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Budget Hearings: The Budget Hearings begin March 14. ADJOURNMENT: The meeting was adjourned at 1:20 PM. Respectfully Submitted, Judy Coreson Recording Secretary 3C Library Board Minutes - 2/22/95 CITY OF ~70 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 98~-52~'2 4C PROCLAMATION WHEREAS, close to one million new cases of cancer are diagnosed each year, and WHEREAS, approximately five hundred thousand deaths from cancer occur each year in the United States, and WHEREAS, one hundred billion dollars in costs and lost income has resulted, and WHEREAS, the American Cancer Society is largely responsible forthe'~verin~reasing cancer survival rate, which today approaches 100% for some cancers and has surpassed 50% overall in the United States, and WHE~, the goal of the American Cancer Society is to eliminate cancer as a m~or health problem by preventing cancer, saving lives from cancer, and diminishing ~uffedngfrom cancer through research, education, advocacy and service for which funds must be raised, and WH£REAS, the American Cancer $ociety's fundraising known as DAFFODIL DAYS is part of that effort, BE IT HEREBY RESOLVIgD, that March 15 - 18 shall be known as Daffodil Days in the City of Woodbum, Oregon. PROCLAIMED this day of March, 1995 by the powers vested in'me as Mayor of Woodburn, Oregon. - .... NANCY A. KIRKSEY, MAYOR City of Woodburn 10A COUNCIL BILL NO. /(_~/~ ORDINANCE NO. AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON STATE HIGHWAY 219 BETWEEN WOODLAND AVENUE AND ARNEY ROAD FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL RETAIL (CR); APPROVING A SITE PLAN REVIEW APPLICATION; AND ATTACHING CERTAIN CONDITIONS HERETO. WHEREAS, the applicant, Robert Miles dba Miles Chevrolet, submitted application 94-02 for a zone change from Commercial Office (CO) to Commercial Retail (CR), and WHEREAS, application 94-14 was also submitted by the applicant for site plan approval, and WHEREAS, the City Council conducted a de novo public hearing_.,on February 27, 1995 and heard testimony on said application, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Robert Miles dba Miles Chevrolet and is described as follows: Tax Lot 6600 Sec. 12, Township 5 South, Range 2 West, Willamette Meridian Section 2. That based upon the findings and conclusions contained in Exhibit "A", the zone designation on the subject property is changed from Commercial Office (CO) to Commercial Retail (CR). Section 3. That the Site Plan of said property is approved base~l upon the findings and conclusions contained in Exhibit "A". Section 4. That the zone designation change and site plan approval on the subject property are subject to the conditions contained in Exhibit "B" that the Council finds reasonable. Approved as to form:~~~ ~/~/~ City Attorney Dat~ APPROVED: Nancy A. Kirksey, Mayor Page B- Council Bill No. Ordinance No. Exl~lOlt "A" Page I of 13 10A me RF. CO~~A~ON OF THE WOODBURN PLANNING COMMISSION Zone Change Case No. 9402 and Site Plan Review 94-14 APPLICANT: Robert 1Wiles Nfiles Chevrolet 280 S. Pacific Why. Woodbum, OR 97071 NATURE OF THE APPLICATION: This application is for a change in zone on the subject property from Commexc/al Office (CO) to Commelllial Retail, and for appwval of a site plan to construct an auto dealership. The s/re plan includes construction of an office/sales building, parking and loading areas and landscaping. ~ HISTORY OF THE APPLICATION: A duly completed application was received in the City Planning Detmxtment in May, 1994. S~ff analyzed the proposal and received commmt~ and information from other agencies, and based upon that t~/iew and analysis, recommended, that the application be approved. A public hearing before the Woodburn Planning Commi~sion was duly held on July 14, 1994. Based on the information available at that time, thc Planning Cowmi~sion recommended de~i_a! of the application. An appeal was duly filed with the Woodbum City Council, and the martex was referred for Council consideration- Thc City Council duly held a public hearing on this application on September 12, 1994. At that time, the Council received additional evidence and justification for the application from consullants hired by the applicant Based on the existence of new information received at thc public hcarin~'~ the City Council remanded the application back to the Planning Commission for its-Consideration of the new information. The application was placed before the Planning Commission, who held a mird public hearing on the request on November 10, 1994. During that public hearin__g, additional evidence, information and testimony 'was received regarding this application. At thc eonelusion of the public hearing, the Woodbum Planning Commission voted to recommend APPROVAL to the City Council the application with specific conditions. Exhibit "A" Page 2 of 13 10A APPLICANTS PRIMARY POINTS OF DISCUSSION The applicant emphasized to the commission that this case involves only a zone change, and not a comprehensive plan amendment. The Woodbum Comprehensive Plan is much more static and less subject to change than the zoning map district contained within each comprehensive plan designation. The comprehensive plan clearly indicated that zoning should not remain static, but should adapt with the times and growth of the community. On this point, the plan says: "The plavning process is continuous. There is no plan which can foresee all of 'the problems which the future will bring.' Page 93, Section XIII. It was suggested that this zone change would have the effect of opening the door for Highway 219 to become inundated with other dealerships, making it look lil~ 82nd Street in Portland. The applicant stated it is almost impossible for this to happen because of the lack of avo_iinhle lands, and the strict land use proce~ needed to change the Comprehensive Plan. There are two factors at work here: the location of Se UGB; and the lack of other lands with the commercial plan designation. Auto sales is considered to be strictly mban type use that is allowed only inside the UGB. Therefore no auto sales will ever be allowed west of the Church, because that is where the UGB lies. In addition to HWI, the property is designated industrial in the Woodbum Comprehensive Plan. Given the lack of suitable inventory of industrial lands in the City at this _time, it would be nearly impossible to change the industrial plan desigv__n_fion to commercial. During the course of the hearings on this matter a concern was raised about the potential for fencing the subject property as part of the site plan. The applicant indicated that it was not his intent to fence the property, but instead to tlfili~,e landscapin§, bellll$ and security patrols to control the site. These methods have proven successful in the industry to control theft and vandalism. Because of the fear of the neighbors of what the site would look ~ with a fence around the perimeter of the property, the applicant has agreed to a condition of approval to the site plan that prohibits perimeter feo...~ng. In addition, the time at which the traffic is generated is importm/t in an~dlysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak hour and in the evening peak hour. The significance of this is that when the streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its waffic during those peak hours. An automobile dealership does just that, while an office park does not. Page 2 - Ii--ion of Woodburn Planntng Comml~ion (Miles Otevrolet) Exhibit "A" Page 3 of 13 The applicant has done a complete survey of all parcels within the Urban Growth Boundary (UGB) of the City of Woodburn for determination of suitability of an alternative site for an auto dealership. The applicant has testified that the criteria for establishing a new auto dealership is generally mandated by that industry. The siting criteria use by the applicant in selecting the site included the following: f. The site must have immediate access to major highways, arterial streets and population centers. The site must demonstrate acceptable current and future traffic volumes to assure long term business vitality. The site must have 'easy access" from the major road systems to accommodate spontaneous buyers. The site must have excellent visibility towards the road system with large frontages for vehicle display. Usable land area must be a minimum of four (4) acres per:'~chise to allow for a b.~ness life cycle of more than 20 years. Thc site mhall be fiat or nearly ~o and in a ~uare or rectangular shape to accommodate veh/cle disphy, vim'bflity and on-site Waffle management and building design. The site shall not be adjacent to other automobile dealerships. The site shall have public services and utilities. City servi~ are more advantageous because utilities, police and fire sexatices are more readily avs_ihahle. The land shall be purchased not leased. Land purchase pr6~-des for long term investment verses the long term expense of a lease. The site shall allow for long term diversification and growth as market demands change. There ~all be no easements that adversely affect the site. 10A Page $ - Recommendation of Woodburn Planning Commission (Mile~ Ot~vrolet) Exhibit "A" Page 4 of 13 The applicant stated that pursuant to industry standards, the subject property is the only parcel in the city that is suited for his use. Additionally, much of the dissent for the project voiced at earlier hearings was centered upon the construction of the Amey Road extension. This street does not specifically benefit the applicant's use of this property, but is required by the Oregon Department of Transportation. The applicant's involvement and participation in its completion is understood regardless of the use or zone on this property. V. FINDINGS OF FACT: 1) 3) 6) The subject property is approximately 6.4 acres in size and of uniform shape. There is a wetlands area on the northern section of the subject property, oth~ the parcel is fiat and generally is open with some vegetation and a few mature trees. The subject property is bordered to the south by Highway 219, to the east by Amey Road, to the west by Woodland Drive and to the north by a mobile home park and an ILV. park. The Arney Road extension ~raverses across the northern portion of the sdbject property. This exicnsion is intended to connect Amey Road with Wooal:~r~d Drive. The subject property lays in a transition area between a single family residential area to the northwest and the comm~ areas to the northeast, east and to the south. The subject property is vacant. There is a motel, gas station, convenience store, ILV. park, mobile home park, residential subdivision, large.tract industrial property and the HWI facility in the immediate area. Interstate 5 runs north and south just to the east of the subject property. The subject property is proposed to be developed for the applicant's auto dealerships. The plan rolls for construction of an office/sales/service building to be constructed on the subject property. The ~-~'~he site will be landscaped and will provide paved area for access, parking, display, loading and service of vehicles. No access is proposed or will be allowed on Highway 219. A primary access point for the subject property will be on Arney Road with secondary accesses on the Amey Road extension and a auxili~_ry access onto Woodland Drive, directly across from Myrtle Street. All access points meet public works and ODOT standards as to width, separation, distance and construction style. 10A Page 4 - Reoomtnendation of Woodburn Planning Comm~ion (Mile~ Otevrolet) s) 9) 10) u) Exhibit "A" Page 5 of 13 AH landscaped areas will be irrigated and will contain a mixture of trees, shrubs and flowers. A site obscuring berm will be constructed thc full length of the eastern boundary of the pwperty excluding the access cut at Myrtle Street. The berm will be landscaped and a large hedge will be planted in conjunction with the berm to provide additional buffering between this use and the residential area to the we.st. The applicant has established a test drive route for sales, customers and service personnel to use in conjunction with thc auto dealership. That route will eliminate and prohibit any drive~ through the adjacent residential areas and shall be confined to utili~_tion of Highway 219, the freeway and Butteville Road. The ipplicant shall place this res~ion against drive throughs in the residential areas in their personnel manual, and shall post the non-residen_fi~l te~t drive mute in AH applicable setback distances are met by this application. Off street parking requirements of the zone code require that a minimum of 35 ~ are provided, and the site plan shows many more than that. Two loading stmces,:.wlfich are a minimum 12 feet wide and 30 feet long are required by the zoning ordinan~e and the site plan meets that standard. The parking areas will be paved and will be graded in such a way to provide adequate and proper collection and disposal of gwrm water nm-off. The parking areas will be cufl~ with appropriate vehicle stops, and the landscaped areas meet or exceed the five foot requirements of the zone code. The complete facility will meet all ADA requirements and internal signage, will provide traffic flow control by directional arrows and information sigll$. The subject ~ will be lighted and all such lighting will be deflected away from residential areas and road fight-of-ways. No loudspeaker paging system will be used on the site. The subject property is served with aH necessary public facilities including sewer, water and public utilities. The proposed office/sales building will be over 300 _feet from_the nearest residence. Between the residence and the new construction will be a road right- of-way, significant landscaping and a site obscuring berm. The proposed design, color and materials of the exterior of the structure was found to be appropriate to the character of the immediate area. Thc property will not be fenced. A security company will be hired to make periodic inspections of the property during non-business hours. 10A Page 5 - Reco~ation of Woodburn Planning Commi~ion (Miles Chevrolet) Exhibit "A" Page 6 of 13 10A CONCLUSION: 1) The applicant~ site plan proposal is in conformance with all local implemeating ordinances relating to zoning, public works and fire life safety. The applicant's sit plan exceeds the standards required in regards to landscaping, lighting, and noise abatement. COMPREHI~SIVE PLAN CRITERIA CttAFrER ~ REVIEW, REVISION AND UPDATB-PG 93 The planning process is continuous. ~ere is not plan which can foresee all of the problems which the future will bring. /n most cases for decision the Plannin~ Comml~ion and Council will be petitioned by private citizem to chan e the Land Use Plan designation of a particular parcel of property. ~ is a quasi-jud~i~l activity and should follow the procedures set o/zt for quasi-judicial rulings. However, [he Plnnnlng Commit'ion shollld illsltre that whatever changes it makes in [he Land Use Plan, they are co~ with other goals and policies established in [he Pla~ ~nese changes, in general, should be Justified by a solid body of evidence presented by [he petitioner showing [he following: 1. compliance with [he goals and policies of [he Comprehensive Plan; 2. compliance with the various elements of the Comprehensive Plan; 3. compliance with state-wide goals and guidelines; 4. that [here is a public need for [he change; 5. that this land best suits that public need; and that the land cannot be suitably used as it is presently designated. 1. Compliance with the goals and policies of the Comprehensive Plan; and 2. Compliance with the various elements of the Comprehensive Plan Page 6- Recommendation of Woodburn Planning Commission (Mile~ Chem~let) Exhibit "A" Page 7 of 13 Commerci~ Land Development Policies Chapter IX PG 41 & 42 The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four m~jor eommerdal are~: 99E, I-5 Interchallge, the downtown area and the 214/211/99E four comers intersection area. No new areas should be established. B-2 Commercia[ office and other low traffic generating c0mmerqi~l retail ~ can be located on collectors or in close pro~Imlty to residentlnl ar~__s if ez~e in architecture and s'~e plnnnlnop iS ex~ The City should illsure by proper re~dafion~ that any commer~_i~! uses located close to residential areas have the proper archi~~ and landscaping buffer zones. FINDINGS: 1). 2). The Comprehe~ive Plan Map designates this property as commercial. The Comprehensive Plan identifies this parcel as being located in one of the four commercially designated areas of the City. 3). The application does not involve a request for a change in the Comprehensive Plan Map designation. It is however, a request to amend the Zone Map for commercial office (CO) to ~ommercial retail (CR) which allows an automotive dealership as an optional bugness pursuant to section 29.030 (b) (2) of the Woodburn Zoning Ordinance. The Comprehensive Plan Map designation allows commercial office, commercial retail, commercial general, and interchange district in order to implement the Plan Policies of the designation. The City has required that a berm be constructed and landscaped wi~:a 'large" hedge to provide buffering between this use and the residenfi_~_l areas as required by the commercial plan policy. CONCLUSIONS: 1). The Comprehensive Plan Map allows for various commercial districts. Auto sales is a permitted use in the commercial re _jl (CR) zone. 10A Page 7- Recommend~on of Woodburn Planning Commirsion (Miles Otewolet) Exhibit "A" Page 8 of 13 RES~E~ LAND DEVELOPMENT POLICIES CHAPTER IX PG 43 Industrial and commercial uses which locate adjacent to residential areas should b~'fer their ~se by screenln~ and design control, and should be controlled with sufficient setbacks so as their location will not adversely affect the residential areas. 10A 1). Residential uses to the west and south of the proposed site are separated by Woodland and Arney Roads. The site plan (SPR94-14) requires that a berm be co~ adjacent to Woodland with landscaping and large trees. In addition that propea'ty north of Arney Road will be left in natural vegetation with old growth trees. 3) Thc applicant produced an appraisal analysis of this area from a certified appraiser. The appraisal report indicates that there is no market in. dication that the change in zone or thc establishment of an automobile dealership on the ~bject property will have any adverse effect the value or salability of adjacent residential · property. The applicant produced a report from an environmental consultant indicating that the automobile dealership as located on the subject property will have no potential environmental impact concerns. CONCLUSION: 1). Sufficient measures have been taken to provide buffering adjacent to the neighboring residential uses.. It was determined no adverse environmental impacts or effect on adjacent property values will be re~liTed. - -~- Page 8 - ~__ntion of Woodburn Planning Commi~,rion (Mile~ Chevrolet) I::xnfl~t "A- Page 9 of 13 10A TRANSPORTATION GOALS AND POLICIF..S CHAPTER IX PG 51 1-1-2 Develop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional transportation networks. 1-1-3 Develop a street system wherein arterial streets are of sufficient width to accommodate traffic flows without interruption. Collector streets should function to conduct traffic between arterial streets, which serve to accommodate movement within neighborhoods. To insure that state and federal highways with routes through the City are improved in accordance with projected traffic volumes and the elements contained within this plan. FINDINGS: 1). Thc city and the Oregon DeparUnent of Transportation have identified the extension of Amey Road to Woodland Ave. as being a requirement of site plan review approval. Thc purpose of thc Amcy Road extension is to accommodate future traffic flows in this area. 3). The Arney Road extension has been planned and designated by the Oregon DctmrUnent of Transportation and will bc constructed at its current location regardleas of who or what develops on the subject property. According to an ODOT representative who appeared at the public hearing, the Arney Road extension in not related in any way to this application. According to thc applicant's traffic engineer, the total daily traffic after construction will be only 200 for the subject property. It is anticipated that the dealership will grow and expand over the years into the future up"~Y~t maximum utili~tion of approximately 400 traffic trips per day at maximum use. Conservatively, thc traffic engineer estimatez that if thc property were developed to office space, it could generate approximately 995 traffic trips per day. Page 9 - Recommendation of Woodburn Planning Commis.vion (Miles Otewolet) Exhibit "A" Page10of13 10A The times at which the traffic is generated is important in an analysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak hour and in thc evening peak hour. Thc significance of this is that when thc streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its waffle during those peak hours. An automobile dealership does just that, while an office park does not. Using the standard trip generation manual, the traffic engineer estimates that 292 'trips would be caused by ufili~tion of the property for an office park, or almost 305 of the total U-affie volume generated by the site. On the other hand, an auto dealership would generate only 67 trips during the a.m. peak hours, which is less than 10% of the total estimated ADT.z The traffic engineer did a site specific traffic count at the applicant's current location, and based on that information has adjusted the manual estimate downward to a maximum of 400 ADT at maximum use of the subject property. This equates to a 43 % reduction in trip gen?ation estimates. Applying this same reduction to the total number of peak hour trips estimated, it falls from 67 to 38 total trips per day during the combined a.m. and peak a.m. hours. The project and zone change in compatible with the Transportation Plan. CONCLUSION: 1). The project is compatible with the objective required by ODOr in implementing an adequate street pattern to accommodate future traffic generation. The specific use could generate less vehicular traffic that some office use. COMPLIANCE WITH STATE WIDE GOALS AND GUIDELINES By meeting the goals and policies of the City's Comprehensive Plan, the City complies with the state wide goals and guidelines. ZThe trip generation manual places the ADT for an automobile dealership at 700. However, that figure is based on a nationwide es~mote that was found by the traffic engineer to be inzgplicable here. Page 10 - Recommendation of Woodburn Planning Commission (Mile~ Chevrolet) Exhibit "A" Page11 of 13 1 0A THAT THERE IS A PUBLIC NE~r~ FOR THE CHANGE THAT THI,~ LAND BF~T SUITS THAT NEED FINDINGS: 1). There is a public need for this rezoning. N_~4__ is judged by virtue of land use inventories av~_ ilnhle within the zoning and comprehensive plan and districts of thc City. If there is a use to which there are no suitable parcels available in thc City, there is a land use "need" to provide a zone for that use. The subject property best meets salient industry standards. After review of the entire City's inventory, eight specific parcels were judged against the industry standards for siting within the city limits. The following other seven parcels were analyzed and failed to meet the criteria: Parcel #1 is an existing commercial zone on Mt. Hood Avenue owned by K-Mart. This property was already partially developed and the remaining 3.4 acres were too small for the auto store. Parcel//2, a CR zone on Mt. Hood Avenue and Pacific Highway, was completely developed. It currently houses a Safeway and other businesses located on this property. Parcel #3 is a large 11 acre site with a Commercial General and Conunercial Office zone at the intersection of Pacific Highway and Molalla Road. This parcel also abuts an RS zone. The property was owned by Pac-West and was to be sold in its entirety without consideration to break'it down into smaller parcels. The property is too large and economically unfeasible for a business of _this type.._. de Parcel//4, owned by the Jehovah's Witnesses, is in a CR-zone without any commercial frontage and with a back section that is partially dev~oped with a church facility. This is unsuitable for the type of commercial access that a car dealership requires. Parcel I~5, owned by Beverly J. Brack was 4.53 acres fronting Pacific Highway and in a CR zone. The property is too small, considering that thc frontage is already developed. Page I1 - Reoo~on of Woodburn Planning Commi~ion (Miles Chevrolet) Exhibit "A" Page12of13 f. Parcel g6 in a Commercial Genexal zone on Mt. Hood Avenue is developed along the frontage to 300 feet back from the street curb. The remaining four aerea at the rear lma no viaibility and ia too small for an auto dealership. Parcel g7, located at Interstate 5 in a Commercial General Zone, the property lie~ outside the City limits of Woodbura. It was and ia not avail~hle for sale. The property is being developed by Capital Development Corporation, land banked for future Capital projects. At preaent time, this property has insufficient access to meet public demand, or service the needs of an auto dealerahip. The subject property is the only parcel suited to fulfill this need. As indicated in the applicants report, the applicant u~i~ed industry-wide siting criteria and applied that on a parcel by parcel basis within the City of Woodburn. The subject property was thc only one which mcr all of thc airing critcria. The removal of the subject property from the CO zone will not have any detrimental effect on the overall availnhility to provide suitable office space in Woodburn. The zone code structure in Woodburn provides that any use allowed in the CO zone is an outright permitted uae in the CR zone. Therefore, all of the seven vacant CR zone~ parcels which are not suitable for auto dealership use are, or could be, available for office space construction. Tluee Intrceh east of the 99E/211 intersection were not analyzed as to its potential viability. This propert7 lies outside the City limits but within the UGB. CONCLUSION: 1). Land availability for this type of land uae in severely limited. THAT ~ LAND CANNOT BE SUITABLY USED AS IT IS PRF_SENTLY DESIGNATED FINDINGS: 1). The subject property is not suitable for use as a commercial office complex because of the size of the parcel and its location. The CO zone has been applied to the pwpcrty for at least the last 15 years. If it were viable for office use, given the dramatic growth of the City of Woodbum during thc last 15 years, thc subject property would have been developed for that use. It was not, and that is the be~t indicator of its lack of suitability. 10A Page 12 - Recommendation of Woodburn Planning Commt~.~ion (Mile~ Chevrolet) Exhibit "A" Page 13 of 13 2). The subject property, as currently zoned, creates a land "burden" on the bottom line of any development. To overcome this burden which adds to the rental that must be charged through office leases, developers are forced to develop the property to its highest density allowed by thc code. For an office usc, this equates to a minimum of 87,000 square feet of office space and potentially as much as 147,000 square feet of office space. 3). Current office development in the City of Woodbum is of much smaller size, typically on two acres or less. Most office projects have tended to gravitate to the central business district where the business activity becomes synergetic and symbiotic with other business rather than to seek out isolated sites. The subject pwperty is well suited for an auto dealership for just the opposite reason. The size is an absolute requirement and the isohtion is desirable. 4). The demand for CO zoned pwperty is not sufficient to ~ this large parcel attractive in the near future. With ample supply of other CO and CG zones which. have not developed for office use, it is apparent that the supply of CO and CG property is more than suffident to meet the future demand. . CONCLUSION: 1). The site best meets the need for an auto dealership. VI RECOMMENDATION OF THE PLANNING COMMISSION: After careful review of the record in this case, the Plaoning Commission recommends that the application to rezone the Er_des property from CO to CR be APPROVED, and that the site plan for construction of an auto dealership thereon be APPROV~.r~. It is the further recommendation of the Planning Commission that the zone change be conditioned to allow only auto sales, and no other retail type uses without obtaining additional zoning approval through the zone change process. It is further recommended that the site plan approval be conditioned so that no fence around the perimeter of the property shall be.all'owed. IOA Page 15 - Re~dation of Woodburn Planning Comml.~i°n (Mile~ Otevrolet) Exhibit "B" Page 1 of 6 1 0A MILES CHEVROLET- CONDITIONS OF APPROVAL As Requested by C/tv Council CONDITIONS RELATING TO STREETS:TRAFFIC: The width and location of the driveway onto Arney Road must be approved bv ©DOT. An additional 5 feet of right-of-way shall be dedicated to the public adjacent to State Highway 219. An additional 10 feet of slope and utility easement shall be conveyed to the public adjacent to the 5 foot dedication required herein. o All work within the state highway right-of-way shall require approval and permit from the Oregon Department of Transportation. The applicant shall dedicate 60 feet of fight-of-way to the public across the entire northern section of the subject propert3' from Arney Road to Woodland Avenue. The exact location of this right-of-~vay shall be determined by the city, but shall be situated as far north on the subject property, as is possible, taking into consideration the presence of potential wetlands in the northeast corner of the site. 5. The applicant shall improve this new street (Amey Road extension) as follows: Complete the design of the intersection with Woodland Ave, and construct it to cit' standards. bo Construct this new street for a distance not to exceed 125' east from the Woodland Avenue intersection. This portion of l?he street shall be fitll pavement width from curb to curb. with gutters and sidewalks on the south side only, and shall be constructed to ci.ty standards. It is intended that this street shall be provided for access (by driveway) to the northern portion of the propert?'. Design allowances shall be made for public storm sewer system, and construction thereof shall be made to the extent of the new street being constructed pursuant to this condition. do Applicant shall be reimbursed from future landowners whose developments contribute to the need for this street, a pro-rata share of the cost of construction and dedication being made by the applicant, the Page I - Conditions of Approval- As of Februao, 27, 199.¢ Exhibit "B" Page 2 of 6 o 10. 11. formula of which shall be detemfined by mutual agreement between the city and the applicant. It being understood that the need for dedication and construction of this street is not because of this development alone but also because of the impacts on traffic flow that will be generated in the future from development of vacant lauds to the north of the subject propert3'. The southerly access onto Woodland should be aligned with Myrtle Street. 'No on-street parking shall be allowed, and "No Parking" signs should be posted. Install a securi .ty chain across driveway onto Woodland Drive and the new north road. Install a stop sign at the driveway onto Arnev Road. Construct a half street improvement on Amev Road along the frontage of thc subject propen'3,. drawings shall be submitted to, and approved by ODOT a. Engineered showing: i. Drainage from Hillsboro-Silverton Hwy to Arney Road north to outfall at the wetlands in the northeast comer of the subject property. ii. The pavement cross-section tbr the improvement. iii. The location, width and mining radius of the driveway"onto Amey Road. - .... No direct access shall be allowed onto Highway 219. 12. The applicant shall be required to improve Highway 219 along its frontage as follows: a. Construct curb, gutter and sidewalk along the entire frontage. Overlay (2" asphalt) Highway 219 along the frontage, only in the event lane line changes will occur over the new construction, and further if core Page 2 - Conditions of Approval- As qf February 27, 1995 bXnlDIt "I~" Page 3 of 6 10A Co samples of roadbed determine that such an overlay is necessa .ry for load carrying capacit3.~ of the street. 13. At such time as time conditions warrant tile driveway from the subject property.. onto Woodland Avenue at Myrtle shall be restricted to right turn exit only. The ciW and ODOT shall determine when conditions warrant this restriction, but it is understood that when a traffic signal is installed at Woodland and Highway 219, conditions will undoubtedlv warrant this restriction. CONDITIONS RELATING TO WATER: Must hax. e a minimum of 3 fire hydrants on tile site, at locations to be determined by the Woodburn Fire Department. Back-flow prevention devices may be required depending on water usage., such as irrigation system or fire sprinkler system. 3. Water meters shall be located within the public right-of-way or utili .ty easement. 4. Outside address must be visible from the entrance of Amey Road. o As indicated in the plan, the water line for fire protection will be looped, depending on hydrant locations. The water main should be looped to Woodlmad through the north portion of the propert3,. Must have a minimum of 3,250 gallons per minute at the site. CONDITIONS RELATING TO DRAINAGE: An existing storm sewer traverses through this property. This will need to be addressed or relocated through the construction plan review process. 2. On-site catch basins shall be the pollution control type. The storm sewer within the proposed street along the north property line shall be a public system. CONDITIONS RELATING TO SANITARY SEWER: Page 3 - Conditions of Approval - As of February 27, 1995 WaJlace W. Lien. Exhibit "B" Page 4 of 6 10A The relocation of the existing on-site sanitary sewer to provide for the proposed building location is acceptable. However, the location as proposed near Woodland may need to be revised during the construction plan review process. Provide easements for the existing on-site city maintained sanitary sewer lit~ station and sewer mains. CONDITIONS RELATING TO BUILDING CONSTRUCTION: 1. The building must be ADA accessible, and comply with all UBC provisions. 2. Must submit and obtain approval for a "Fire and Life Safety Plan" from Marion Count3'. ~ 3. Final plan shall conform to the construction plan review procedures and standards. 4. All work shall conform to City of Woodburn standards and all state building codes. 5. Submit, prior to occupancy, one set of reproducible as-builts. CONDITIONS RELATING TO FINANCIAL CONTRIBUTIONS: 1. Subject to Traffic Impact Fees (TIF), and Storm Water Runoff charges (SDC). Applicant may apply for credits to offset said fees for applicant improvements constructed pursuant to the requirements of this approval 2. Post a maintenance bOnd, good for one year, in the ~moun~-o-"f 10% of the improvement costs which will be maintained by the city. GENERAL CONDITIONS: 1. Must obtain a sign permit for any signs. 2. A lighting plan for parldng~ pedestrian and security areas be submitted and approved by staff. This plan shall provide for appropriate shielding to direct lighting on-site, and to prevent to the extent possible, light escaping onto any adjacent residential property. 3. The applicant, not the City of Woodburn, is responsible for obtaining permits from Page 4- Conditions of Approval- As of February 27, 1995 Exhibit "B" Page 5 of 6 10A o o may state and/or federal agencies which may require approval and permit such as Division of State Lands or the Department of Transportation. A landscaping and irrigation plan shall be submitted to staff for approval. Landscaping and signing shall comply with the Zoning Ordinance Section 8.190 ~ision clearance. Landscaping along Woodland Avenue shall include a bem~ and low growing shrubs, with tree, or hedge t?.'pe plants planted along the top of the berm. On-site construction shall not commence until the improvement pimps have been approved and all fight of way permits and system development charges have been paid. Ho SPECIAL OPERATING CONDITIONS: The zone dmnge approved herein shall allow only vehiole and vehicular related .type sales and ser~4ce. No other retail .type uses shall be allowed x~4thout first obtaining approval thereof through the zone change prooess. 2. No fence shall be ere~-'ted around the perimeter of the subjeot property. 3. No exterior public address system shall be used in conjunction with this use. Applicant shall submit to the Planning Department for approval, a policy prohibiting company authorized sales or serx. Sce test drives from using any residential street west of I-5, excluding that portion of Woodland from its intersection at Highway 219 to its intersection xxSth the Amey Road extension at tile northwest comer of the subject propert3.'. Only one driveway shall be allowed directh' onto Woodland Avenue, and that driveway shall be directly across from the Myrtle Street intersection. The primary., business orientation shall be directed either to the east,, towards Amey Road, or to the south, towards Highway 219, or both. Tile building shall be located close enough to tile west property, line to allow for the load out areas to be situated east of the building. The purpose of this condition is to have the building act as a separation buffer between the residential areas to the west and the load out area (as well as other business activity) that will be on the other side of the building to the east. Page 5 - Conditions of Approval- As of February 2 7, 1995 Exhibit "B" Page 6 of 6 10A o 10. The building shall not have east/west sen, ice bay doors. All service bay doors shall be on the north and south ends of the building. All driveways shall be closed after business hours, and applicant shall provide after hours securit3:. The building shall be only one story. Page 6- Conditions of Approval- As of Februa~.; 27, 1995 lOB MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator Bequest from Martha Eiseneqqer March 9, 1995 SUBJ.: DATE: RECOMMENDATION: Approve accompanying Council Bill/Resolution accepting a bequest of $10,000 from the Estate of Martha Eisenegger. BACKGROUND: The City was recently notified by the Trustee, U.S. Bank, of the impending bequest from this estate. This Resolution serves as acknowledgement on the City's part in a form that is acceptable to the bank. As a result of this generous gift, staff is interested in learning more about Martha Eisenegger and her apparent interest in the City of Woodburn and its community center. lOB COUNCIL BILL NO. / RESOLUTION NO. A RESOLUTION RECEIVING A GIFT FROM THE ESTATE OF MARTHA EISENEGGER TO THE WOODBURN COMMUNITY CENTER. WHEREAS, under the terms of the Will of Martha Eisenegger, the Woodburn Community Center is entitled to receive a bequest, legacy or gift of Ten Thousand Dollars ($10,000.00), and WHEREAS, the United States National Bank of Oregon as Trustee of said estate is prepared to deliver said gift, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That said gift is accepted in accordance with the terms of the will or trust. Section 2. That Nancy A. Kirksey, Mayor, and Chris N. Childs; City Administrator or either of them be and hereby are authorized or empowered in the name of the Woodburn Community Center, and on its behalf, to receive said gift and to execute and deliver to the United States National Bank of Oregon, Trustee, a suitable and sufficient receipt evidencing the delivery and payment thereof. Section 3. That the City Recorder is authorized and directed to deliver to said Bank, a copy of this Resolution, properly certified. City Attorney APPROVED: Nancy A. Kirksey, Mayor Chris N. Childs, City Admihistrator Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Page 1 - Mary Tennant, City Recorder City of Woodburn, Oregon COUNCIL BILL NO. RESOLUTION NO. lOB CERTIFICATION I certify that I, Mary Tennant, am the duly appointed City Recorder for the City of Woodburn, Oregon; that the foregoing is a full, true and correct copy of a resolution unanimously passed by the City Council of Woodburn, Oregon, at its regularly called meeting, held on the day above specified, legally called and held, at which a quorum was present and voting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the city seal this day of 1995. Mary Tennant, City Recorder 10C MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator Woodburn Ceble Access TV Aqreement/Bill-of-Sale March 9, 1995 RECOMMENDATION: Approve accompanying Council Bill/Resolution entering into Cable Access Management Agreement with, and authorizing Bill-of-Sale for equipment to, Woodburn Cable Access Television, Inc. (WCAT). BACKGROUND: The concept for a local organization to facilitate Public, Edu.cation and Government (PEG) local access programming was initially outlined in the Northland Cable Television franchise ordinance. The original cable access advisory committee, appointed by the Council, has gradually evolved into WCAT, a bona fide non-profit corporation. The Council formally recognized WCAT in July, 1994 via Resolution #1253 and authorized the City Administrator to negotiate the agreement referred to above. Council approval of the Cable Access Management Agreement will facilitate the timely remittance of dedicated access fees and franchise fee revenues to WCAT for equipment purchase, maintenance and repair and other purposes. The Bill-of-Sale represents title to some $55,000 worth of video equipment that the Council had previously authorized (purchased approximately June, 1994) utilizing some of the dedicated access funds. This was initially accomplished through the city's own bid process, but the equipment was intended for WCAT ownership once the Management Agreement is in place. ----~_- The current WCAT group should be commended for enthusiastically and diligently carrying out the responsibilities entrusted to them, including assisting in developing these necessary working agreement documents. The Cable Access Management Agreement gives the city further assurance that the local PEG access program can operate successfully into the future. The next task for WCAT is to finalize a working agreement with the cable provider, Northland Cable Television, Inc., tO further define the standards and expectations by which the cable company will provide onging support of the cable access program. 10C COUNCIL BILL NO. /~ ! ~ RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A BILL OF SALE AND AGREEMENT WITH WOODBURN CABLE ACCESS TELEVISION INCORPORATED (WCAT). WHEREAS, Ordinance 2093, the Northland Cable Television Franchise Ordinance, calls for the establishment of a local "access provider" organization with specifically described duties, and the City Council subsequently appointed a "Cable TV Community Access Advisory Committee" for that purpose in November 1992, and WHEREAS, the Cable TV Community Access Advisory Committee has evolved into Woodburn Community Access Television Incorporated (WCAT); which organization has developed bylaws, formally filed articles of incorporation with the Oregon Corporation Division and has obtained an exemption under 501 (c)(3) of the Internal Revenue Code; and WHEREAS, Ordinance 2100 provides for the dedication of certain cable television franchise fees "for the support, operation and maintenance of a community cable television access program within the the city of Woodburn"; and WHEREAS, Resolution 1253 designated WCAT as the duly authorized access provider organization for the city of Woodburn; authorized the City Administrator to negotiate a Bill of Sale conveying to WCAT any equipment purchased for cable television access purposes; and authorized the City Administrator to enter into a Cable Access Management Agreement with WCAT for the orderly transfer to WCAT of dedicated franchise fees as set forth in Ordinance 2100; and WHEREAS, said Bill of Sale and said agreement have now been negotiated by the City Administrator and are ready for City Council consideration and .approval, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Administrator, acting on behalf of the city, be authorized to execute the Bill of Sale conveying the specified cable access television equipment to Woodburn Community Access Television Incorporated. Section 2. That the City Administrator, acting on behalf of the city, be authorized to execute the Cable Access Management Agreement with Woodburn Community Access Television Incorporated. Page I - Council Bill No. Resolution No. 10C Section 3. That a copy of said Bill of Sale is attached hereto as Exhibit "A" and is, by this reference, incorporated herein. Section 4. That a copy of said Cable Access Management Agreement is attached hereto as Exhibit "B" and is, by this reference, incorporatedjherei~. Approved as to form:~.~ . City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page 2- Council Bill No. Resolution No. BILL OF SALE Exhibit ".A" Page I of 2 10C For valuable consideration, CITY OF WOODBURN, a municipal corporation, hereby sells, transfers and delivers to WOODBURN COMMUNITY ACCESS TELEVISION, INCORPORATED, an Oregon non-profit corporation; all of CITY OF WOODBURN'S right, title and interest in and to the following items of equipment: Quanti .ty Description Sony Sony Sony Sony Sony Sony Sony Sony Sony Sony Sony 1 4 1 1 1 1 2 4 2 1 DXC-327 AH CCD Color Camera PAC-EVW327AL CCD Color Camera CA-537 Camera Adapters DXF-40A 4" Studio Viewfinder S12X7.5BRM 12xl Zoom Lens VCT-12 Tripod Plate LO-1011 Studio Remote Lens Kit CCUM-5 Camera Control Units CCZA-25 75' Cable CMA-8A A.C. Power Supply BCW-1B Battery Charger Sony NP-1B Batteries Bogen 3197 Tripod/Fluid Head Bogen 3198 Dollics Panasonic AG-185UC VHS Camcorder with 8xl Power Zoom Lens & Carry Case, Panasonic AG-186UC Sony PVM-9/5PAC Dual 9" B/W Monitors Panasonic CT-1383Y lY' Color Monitors Sony EVO-9850 HI-8 Edit Recorder/Player Sony EVO-9700 HI-8 Desk Top Editor new model Sony EVO-9720 Panasonic W J-MX 50 Audio/Video Mixer Panasonic W J-KB50 Character Generator Panasonic AG-1970 S-VHS Recorder/Player Panasonic WJ-220R Active Switcher E.V. 635-A Omnidirectional Microphones E.V. 357ND Cartoid Microphones Windscreens for above Microphones AKG C-567E Lavaliere Microphones AKG KM 270 Microphone Stands E.V. RE-45ND Directional Microphone Page 1 - BILL OF SALE Exhibit "A" Page 2 of 2 10C Windscreen for above Microphone windscreen part #72434 Sony MDR V6 Lo-Z Headphone alternate: Sony MDR7506 owned by CITY OF WOODBURN on ,1994, for use by those members of the public and educational and governmental entities wishing to avail themselves of public access television facilities administered and directed by WOODBURN COMMUNITY ACCESS TELEVISION, INCORPORATED. CITY OF WOODBURN warrants that it is the sole owner of the above-described personal property, that the title hereby conveyed is good and its transfer is rightful; the above-described personal property is delivered to WOODBURN COMMUNITY ACCESS TELEVISION, INCORPORATED free from any security interest or lien or encumbrance; and, each item of the equipment is in good working condition and repair. DATE , 1994. CITY OF WOODBURN, a Municipal Corporation CHRIS CHILDS, City Administrator Page 2 - BILL OF SALE CABLE ACCESS MANAGEMENT AGREEMENT Exhibit "B" Page I of 10 10C 1. PARTIES. This AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation, (CITY) and Woodburn Cable Access Television Incorporated, an Oregon nonprofit corporation, (WCAT). 2. PURPOSE. This AGREEMENT is to engage the services of WCAT to manage and administer public, educational and governmental access to the cable television channels allocated for this purpose by each cable operator, and to manage and administer the television production studio(s) and equipment provided for public, education and governmental use in production of video programs. As used in the AGREEMENT, "cable operator" means the holder of a cable television franchise issued by the CITY. 3. SUBORDINATION. This AGREEMENT is intended to be consistent with, and subordinate to the cable regulatory ordinances and cable franchise agreements of the CITY. WCAT shall conduct all of its operations in a manner consistent with such ordinances and agreements. 4. SCOPE. WCAT shall have the following general responsibilities under this AGREEMENT: 4.1 Adopt and administer rules and standards for public use of production studios and equipment; include regularly scheduled reserved times for educational and governmental agencies' access to and use of the production studios and equipment. 4.2 Adopt and administer rules and standards for scheduling of programs produced or acquired by public individuals or groups for cablecast on public access to programs which are locally produced by local citizens or organizations, and next to programs which are produced elsewhere but sponsored by Ioc~il citizens or organizations. *' - - ' 4.3 Exercise only such control over program content as is permitted by law and by applicable regulations of the Federal Communications Commissions (FCC). 4.4 Assure that the use of public access channels and production studios and equipment is open to all potential users; assure that access to public access channels and production studios and equipment are available for all forms of public expression, information, and debate on public issues; and promote diverse production and programming that reflects a broad range of service- area subscriber interests. Page I - CABLE ACCESS MANAGEMENT AGREEMENT 4.5 4.6 4.7 4.8 4.9 4.10 4.11 Exhibit "B" Page 2 of 10 10C Set appropriate standards of training as minimum qualifications for the use by individuals of various pieces of equipment and production facilities; assure that training is available in the WCAT service area which will meet the standards so established. Provide advice and technical assistance to the CITY in its negotiations with cable operator(s) for cable operator to provide the means for WCAT programming to be connected or transmitted to CABLE OPERATOR's facilities for cablecast. The cost of the line between WCAT's studio and CABLE OPERATOR's facility shall be provided by CABLE OPERATOR in accordance with its franchise. Separately assure, by written agreement or memorandum of understanding, a working relationship with the Woodburn Rural Fire Protection District No. 6 concerning use of the studio facilities at the James Street Fire Station. WCAT has established, as a matter of public policy, that the public access studio facility should be located in the James Street Fire Station until further notice. Carefully account for all money and property entrusted to WCAT by the CITY; monies provided to WCAT by the CITY are public resources, and their use and accounting is a public trust for whose proper discharge WCAT is strictly accountable. No later than October 1, annually, submit to the CITY a written report of WCAT's activities and achievements during the preceding fiscal year (July through June). No later than April 15, annually, submit to the CITY a written report of WCAT's goals and objectives for the ensuing fiscal year, and the work program by which WCAT plans its accomplishments. Provide routine quarterly reports, and such other reports and information to the CITY as may be reasonably-requested by the CITY from time to time; provide such audits, accounts, and reports as may be specifically required in this AGREEMENT. 5. PUBLIC MEETINGS AND RECORDS. WCAT shall conduct, all meetings subject to the requirements of the Oregon Public Meetings Law (ORS 192.610 to 192.710). WCAT shall treat its records as subject to the requirements of the Oregon Public Records Law (ORS 192.410 to 192.505). WCAT shall give.the CITY written notice of all of its meetings. 6. ARTICLES OF INCORPORATION; BY-LAWS; AND POLICIES. WCAT shall, within ten days after adoption or any amendment of its Articles of Incorporation, By- Page 2 - CABLE ACCESS MANAGEMENT AGREEMENT ExI~iDiI: "I~" Page 3 of 10 10C Laws, and written policies, standards and regulations implementing its responsibilities under this AGREEMENT, provide written copies thereof to the CITY. 7. PUBLIC CHANNEL ACCESS RULES AND PROCEDURES. WCAT shall be guided by the policy that services and resources are available on a first-come, first- served, non-discriminatory basis and shall maintain rules to that effect. 7.1 Public access channels on the residential subscriber network shall not be used for commercial purposes. 7.2 Public access channels on the residential subscriber network shall not be used for the solicitation of funds in any form. 7.3 Program providers may solicit grants from commercial entities to underwrite programs. Programs underwritten or assisted by grants from commercial entities may include a discreet announcement of such support at the time the program is carried on the public access channel. 7.4 Persons, firms and organizations offering programs for cablecast over public access channels shall assume full legal responsibility for the content of all such programs. 7.5 WCAT shall have the right to allocate channel time and resources among those seeking their use so as to promote the broadest possible access to potential users representing all forms of public expression, opinion, interest, and debate on public issues. 7.6 WCAT shall exercise no editorial control over the content of any program submitted for cablecast by any person, firm or organization. 8. RULES FOR USE OF PRODUCTION AND STUDIO FACILn~ES. Within 180 days after the effective date of the AGREEMENT, WCAT shall develop and adopt policies, rules and procedures governing use of production and studio facilities administered by WCAT under this AGREEMENT. WCAT shall consult with the cable operator and the Woodburn Rural Fire Protection District No. 6 in preparation of these rules. Production and studio facility use rules and regulations adopted by WCAT shall be consistent with the provisions of this AGREEMENT, and shall include the following limitations: 8.1 All programs produced with production and studio facilities administered by WCAT under this AGREEMENT shall be so identified at the end of the program. Page 3 - CABLE ACCESS MANAGEMENT AGREEMENT 8.2 8.3 I'-XI IIUIL D Page 4. of 10 10C WCAT may charge reasonable user fees to eligible users for use of production facilities, equipment and services. Eligibility for use of production services and facilities is restricted to residents of the City of Woodburn. WCAT shall charge a fee for channel use by individuals and organizations who are residents within cities or unincorporated areas of counties that are not in the CITY; and shall exact similar charges from cities and counties who are outside the CITY. These fees shall be established in recognition of the fact that substantial operating funds for WCAT are provided through franchise requirements and public funds of the CITY. 8.4 8.5 WCAT may reserve reasonable periods for use of cable access facilities by public educational or governmental agencies, and for training and certification of public users. WCAT may restrict use of various facilities and equipment to users who have demonstrated sufficient ability, through completion of. approved training or approved equivalent experience, to safely and productively use such facilities and equipment. 8.6 WCAT may prohibit use of facilities and equipment by persons who are reasonably suspected to be under the influence of alcohol and drugs which may impair their ability to safely and productively use said facilities and equipment and may prohibit use of facilities and equipment by persons who have wilfully violated WCAT user rules and regulations on any previous occasion. 9. DESIGNATION OF PUBLIC ACCESS CHANNELS. WCAT shall have responsibility for administration and management of public, educational and governmental access and programming on all channels designated 'by the CABLE OPERATOR for such use under the applicable franchise ~greerne~t and enabling ordinances. 10. DESIGNATION AND OWNERSHIP OF PRODUCTION FACILITIES. Attached hereto as Exhibit A and, by this reference incorporated herein, is an EQUIPMENT INVENTORY. Such inventory lists all equipment, whether fixed or portable, which has been acquired from the CITY by WCAT for public use, and which is to be administered by WCAT under this AGREEMENT. WCAT may, from time to time, purchase additional or replacement equipment which shall be added to the EQUIPMENT INVENTORY without further necessity to amend this AGREEMENT. From time to time WCAT may, by resolution of its Board, remove equipment from the EQUIPMENT INVENTORY without further necessity to amend this AGREEMENT. All equipment identified on the EQUIPMENT INVENTORY shall be and remain the property of WCAT. WCAT has exclusive ownership and possession of all such equipment with the exclusive right to Page 4 - CABLE ACCESS MANAGEMENT AGREEMENT Exhibit "B" Page 5 of 10 10C use it in its discretion subject only to the terms and conditions of this AGREEMENT. 11. MAINTENANCE OF EQUIPMENT. WCAT will keep all equipment identified on the EQUIPMENT INVENTORY in good repair and in serviceable condition. In the event that any of the equipment requires replacement because of wear, irremediable breakdown, or obsolescence, WCAT shall promptly remove that equipment from service. 12. DISPOSITION OF REMOVED PROPERTY. Upon removal of any equipment from the EQUIPMENT INVENTORY, WCAT shall dispose of it as surplus property in a manner which complies with Oregon law for the disposition of surplus public property by a municipal corporation. Equipment that has been stolen, lost, or destroyed, and is covered by valid and collectible insurance, shall be subject to any rights accorded the insurer under the applicable insurance policy. 13. RISK OF LOSS AND DAMAGE. WCAT shall be solely responsible for the safety and security of the equipment, and shall repair or replace as necessary any of the equipment lost, stolen, damaged or destroyed from any cause, whether or not the fault of WCAT. Nothing in this paragraph shall limit the right of WCAT to require users to assume responsibility for the safety and security of WCAT equipment in such users' custody. 14. INSURANCE. WCAT shall obtain and maintain during the life of this AGREEMENT a policy or policies of property insurance in form and coverage satisfactory to the CITY. WCAT shall also obtain and maintain Worker's Compensation insurance coverage in compliance with the Oregon Worker's Compensation Law; and shall obtain and maintain a policy or policies of comprehensive general liability insurance, including personal injury coverage, in not less than $500,000 combined single limits and in form acceptable to the CITY. The policy or policies of liability insurance obtained by WCAT as required herein shall name the CITY, its officers, employees and agents as additional insureds with respect to claims arising out of WCAT operations under this AGREEMENT. All insurance required he. rein shall be evidenced to the CITY by a certificate or certificates of insurance satisfactory to the CITY o 15. INDEPENDENT CONTRACTOR. WCAT is an independent contractor, whose operations and actions undertaken under this AGREEMENT are not subject to direction or control by the CITY, as to the means and methods of WCAT performance of the results contemplated by this AGREEMENT. WCAT shall provide all contracted services, paid and volunteer personnel, equipment and supplies necessary for its performance; and is free to solicit other sources of funds to support cable access related services, and to engage in any other lawful activity within its powers as a non- profit corporation. 16. INDEMNITY. WCAT agrees to indemnify, defend and save harmless the CITY, its officers, employees and agents, from any and all claims arising out of WCAT operations under or related to this AGREEMENT. Page 5 - CABLE ACCESS MANAGEMENT AGREEMENT 17. PAYMENTS TO WCAT. Exhibit "B" Page 6 of 10 10C 17.1 The CITY shall pay to WCAT from the Cable Franchise Management Fund established by Ordinance No. 2100: Twelve and one-half percent (12 1/2%) of the cable television franchise fees of each CABLE OPERATOR and its successors, derived from the franchise granted to CABLE OPERATOR in Ordinance No. 2093, or any other ordinance granting a cable television franchise. Payments shall be made in quarterly installments. Amounts granted to WCAT from the Cable Franchise Management Fund arising from the CABLE OPERATOR franchise, pursuant to Ordinance No. 2093 shall be $1.00 per subscriber per year. 18. REGULATORY PROVISIONS. 18.1 18.2 The amount of cable television franchise fees payable to WCAT is subject to the City budget process on an annual basis. In the event that the CITY, appropriates less than the full amount allocated in Section 17.1(A), WCAT may reduce the budget for government access programming in the amount proportional to the reduction between allocated and appropriated funds. WCAT may further reduce the government access programming budget if WCAT can demonstrate to the CITY that further reduction is necessary to maintain adequate public access services. On or before July I of each contract year, the City Cou~Jl, by resolution, may disapprove a budget submitted by WCAT for the ~ucceeding CITY fiscal year upon a determination that the budget submitted by WCAT reflects one or more of the following conditions: That the budget fails to comply with the requirements of Section 19 hereof; That funds or assets WCAT has received or is to receive from the CITY, or from or on account of a CITY cable franchise, will be spent or applied for purposes unrelated to the community access objectives stated in the WCAT's Articles of Incorporation or in this AGREEMENT; Page 6 - CABLE ACCESS MANAGEMENT AGREEMENT C.,,~l III.)1 L I~" Page 7 of 10 10C Ce That funds or assets WCAT has received or is to receive from the CITY or from or on account of a CITY cable franchisee, will be endangered by waste, substantial damage, destruction, foreclosure or other similar jeopardy without sufficient explanation or justification therefor; That revenue reasonably expected to be received by WCAT will be insufficient to meet debt obligations incurred or to be incurred by WCAT in light of the WCAT's planned expenditures; Ee That WCAT's planned expenditures are otherwise fiscally unreasonable in light of generally accepted business practices for the operation, protection, investment, oversight and management of the WCAT's facilities and in light of the corporate purposes stated in the WCAT's Articles of Incorporation and By-Laws; 18.3 If at any time during the period of this AGREEMENT the CITY determines that one or more of the conditions listed in Section 18.2 exists, then notice of such determination together with recommended actien shall be given to WCAT by the City Council. 18.4 Upon disapproval of WCAT's budget as provided in Section 18.2 above, the City Council may impose reasonable restrictions on the expenditure of the funds provided to WCAT in Section 17 above, to protect against such fiscal deficiencies pending correction thereof by WCAT. 18.5 This AGREEMENT may be terminated upon a determination by resolution of the City Council that: Funds or assets WCAT has acquired from the City or from or on account of a CITY cable franchisee are in immediate danger of waste; After reasonable opportunity to do so, WCATJ~as not complied with reasonable restrictions imposed by the City Council on the expenditure of funds by WCAT as provided in Section 18.4 above; em After reasonable opportunity to do so, WCAT has not remedied the deficiencies giving rise to the City Council determinations under Section 18.2 or Section 18.4 above; or, After reasonable notice and opportunity to do so pursuant to Section 22.2, WCAT has failed to remedy any violation by WCAT of a material provision of this Agreement. 18.6 In the event of termination, or in the event the City does not extend this AGREEMENT beyond the date set forth in Section 23.1, and the City Page 7 - CABLE ACCESS MANAGEMENT AGREEMENT r-~l IilJl[ Ii" Page 8 of 10 10C Council so directs by resolution, WCAT shall pay to the CITY any unexpended funds received by WCAT at any time from the CITY or from or on account of a CITY cable franchisee and, after provision is made for creditors of WCAT, shall transfer to the CITY title to all property owned by WCAT pursuant to WCAT's Articles of Incorporation upon dissolution. 18.7 Nothing herein shall entitle the CITY to recover funds not received by WCAT from the CITY or from or on account of a CITY cable franchisee; nor shall the CITY be entitled to any funds, the recovery of which would prevent full payment of amounts owing to creditors of WCAT. 18.8 The CITY shall not consider the content of public access programming, including the producer's choice of subject matter and the point of view expressed, in making any decision regarding the allocation or appropriation of funds for WCAT, the adequacy of WCAT's public access budget, or the termination of this AGREEMENT. 19. ANNUAL BUDGET PREPARATION. To assist.the CITY in the preparation of its own budget, WCAT shall prepare its annual budget on a July 1 to June 30 fiscal year basis and provide a copy to the CITY. Recognizing that the CITY must comply with Oregon Local Budget Law, and that the budget of each party substantially affect the other's, both parties shall cooperate in the preparation of their respective budgets. 20. ACCOUNTING AND AUDITS. WCAT shall keep full and accurate account of receipt and expenditure of all funds paid by the CITY under this AGREEMENT; and shall separately account for funds received from other sources. All books and account shall be kept in accordance with generally accepted accounting practices, and shall be open to inspection by the CITY, its auditor, and authorized representatives upon reasonable advance notice. WCAT shall submit quarterly financial reports to the CITY. In the event an independent audit is initiated by WCAT, a copy of said audit will be supplied to the CITY. 21. NOTICE. Each party's designated representatives for receipt of all notices and communications concerning this AGREEMENT and operations hereunder, shall be: FOR CITY: The CITY ADMINISTRATOR 270 Montgomery Street Woodburn, Oregon 97071 FOR WCAT: The PRESIDENT OF WCAT 22. DEFECTS OF PERFORMANCE; REMEDIES. Page 8 - CABLE ACCESS MANAGEMENT AGREEMENT 3. 22.1 22.2 TERM 23.1 23.2 23.3 Exhibit "B" Page 9 of 10 1 0(~ The CITY's sole obligation hereunder is the payment of funds pursuant to Section 17 of this AGREEMENT. WCAT's sole remedy for any defect of such performance shall be an action for the recovery of any sums owed and in arrears for more than 60 days. In no event shall the CITY be responsible for any other damages of any kind, or any indirect or consequential damages of any nature, regardless of the theory of recovery thereof. As a condition precedent to prosecution of any remedy at law or equity against WCAT for alleged defect of performance hereunder, the CITY shall first give WCAT written notice describing the defect to be cured. WCAT shall have a period of ten days after said notice to provide the CITY a satisfactory response, either showing that the alleged defect does not exist, or that the defect has been or will be cured in a reasonable time. If the defect is the lapse or cancellation of any policy of insurance required hereunder, WCAT shall immediately cease all operations upon the written notice from the CITY,. and shall not resume operations until replacement or reinstated insurance coverage in place. - AND TERMINATION. This AGREEMENT shall be in effect upon execution by both parties until it is terminated as provided herein. The CITY may, in addition to any other remedy provided by law or equity, terminate the AGREEMENT upon written notice to WCAT that a defect of performance of which WCAT was previously notified pursuant to paragraph 22.2 has not been satisfactorily cured within the time provided. Termination shall be effective upon receipt of such notice by WCAT's representative designated in Section 20 of the AGREEMENT. The CITY may, in its sole discretion, extend the period for cure of a defect, may waive any incident of defective performance, and may~-_oreinstate this AGREEMENT upon request of WCAT following termination as provided herein. No failure to object to a defect of performance, waiver, relaxation, extension, or reinstatement on any occasion shall be held to constitute waiver of objection to any future instance of defective performance, whether or not of a similar nature. Either party may terminate this AGREEMENT without cause upon written notice to the other party given no later than April I of any year. Unless such notice is withdrawn by the party giving it with the consent of the other party, this AGREEMENT shall be terminated effective on June 30 of the following year. Page 9 - CABLE ACCESS MANAGEMENT AGREEMENT 23.4 Exhibit "B" Page 10 of 10 10C This AGREEMENT shall be automatically canceled and terminated without further notice upon the happening of any of the following conditions: Dissolution of either party. Filing by either party of a petition or pleading alleging that it is bankrupt or insolvent. Adjudication that either party is a bankrupt, or appointment of a receiver for its assets in any proceeding. Any attempt by either party to transfer any of its rights, obligations, or interests in the AGREEMENT without the written consent of the other. Attachment or garnishment of any interests or proceeds due or to become due under this AGREEMENT. 24. 'COSTS AND ENFORCEMENT. In the event any suit or action is necessary to enforce '.the provisions of this AGREEMENT, the.prevailing party shall recover its .reasonable 'costs, including reasonable attorney fees, incurred in prosecuting or defending the action and all appeals therefrom. 25. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement, bargain and understanding of the parties respecting the subject matter herein by execution of this AGREEMENT, the parties repeal all prior agreements, whether written or oral, respecting the subject matter of this AGREEMENT. No parol evidence of any such prior agreement, nor any evidence of any oral agreement, representation, interpretation, or promise made by either party concerning the subject matter of this AGREEMENT shall be received in any action arising out of this AGREEMENT. IN WITNESS WHEREOF the parties have caused this AGREEMENT to be signed in their respective names by their duly authorized representatives as-of the dates set forth below. CITY OF WOODBURN, OREGON By: Woodburn City Administrator Date: WOODBURN COMMUNITY TELEVISION INCORPORATED President Date: ~/~/~-~ ACCESS Page 10 - CABLE ACCESS MANAGEMENT AGREEMENT IOD City of Woodburn Police Department / Ken Wr,gh~J~~) ) Chief of P~~.~ Date: February 28, 1995 MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Liquor License Transfer, License Type Package Store (PS) W'PD CR 95-01235 Location: Uni-Vesco, Inc. dba. Woodbum Chevron 2990 Newberg Hwy., Woodbum Applicant: Woodbum Fast Setv. Inc. Robert J. and Mary C. Barman 1445 Oak Terrace, Lake Oswego, Or. The Woodbum Police Department received a Liquor License Transfer of ownership application from Woodbum Fast Serv on February 20, 1995. The police department completed a background investigation on the applicants, and business finding no discrepancies. It was noted that the applicants currently own and operate' two businesses in Cornelius, Ore. Both have liquor licenses and no violations were noted at either business. The department conducted a neighboring business canvas and received no negative comments. A review_of the licensed premises activities for 1994 revealed no incidents or arrests relating to service alcoholic beverages at the business. RECO~NDATION The Woodburn City Council recommend approval of the PS liquor license transfer of Woodburn Chevron to Woodburn Fast Serv Inc. cc. applicant OLCC B:~il~wfaatarv.mem 11A 3/03/95 A/P CHECK LISTING FOR THE HO#TH OF FEBRUARY 1995 PAGE.- 1 ~eck N~r B~Qeta~ Acc~t N~ri~r V~r Na~ V~r N~r ~eck - Dete Written ~t~nt of ~eck 26168 OFF STR PAR[ING COUPONS STATE STREET BANK 018775 2/01/95 152.50 26169 ~UPPLIES-POLICE PERSO~L~L TOUCH CO#PUTI#G 015237 2/02~5 1,950.00 26170 SERV[CES-UATER US POST OFFICE 020090 2/03/95 287.20 26171 VO ! D VO ! D VO ! D 261~ VO ! D- VOI D VOI D 26177 VO ! D VO Z O VO Z D 26174 ~UPPLIES-I~TER A & A DR[LL[#G SERVICE 000010 2/'03/95 860.00 26175 S~J~PLIES-STREET ALLIED SAFETY illC 000144 2/03/95 150.34 26176 DUES-PLARNING A#ERICAN PLANNING ASS# 000270 2/03/95 97.00 26177 SERV[CES-C GARAGE ARAK~K UNIFOP, H SERVICE l#C 000534 2/03/95 51.08 26178 S~MPPLIES-UUTP BI-#ART CO~POUTZON 001275 2/03/95 155.11 26179 SUPPLZES-WTP BUREAU OF LABOR & INDUSTRIES 001605 2/03/95 35.00 26180 SUPPLIES-WTP CANBY PLUHBING INC 002059 2/03/95 17.10 26181 SERViCES-PARKS DON CAREY & ASSOCIATES 002126 2/03/95 9,?4:).54 26182 GERVICES-WTP CASCADE CONPUTER KAI#TENANCE 002220 2/03/95 125.00 26183 SUPPLIES-k~aTP CASCADE DISTRIBUTION SERVICES 002221 2/03/95 133.60 2618& SERVi CES-WTP CH2#-H l LL 002477 2/03/95 2,890.00 26185 SERVI CES-t&/TP C#214-#1LL 00:)478 2/03/95 1,019.71 26186 SERVICES-PARKS DAILY JOURNAL OF COII4ERCE 003020 2/03/95 112.50 26187 SUPPLIES-911 DATA COHI4 MAREHOUSE 0030&9 2/03/95 96.95 26188 SUPPLiES-VARiOUS DAVISO# AUTO PARTS 003080 :)/03/95 467.55 26189 SUPPLIES-UUTP DYNC)KFJ4 IIJDUSTRIES 0031315 2/03/95 195.60 :)6190 SERVICES-UUTP EL-CO iNC 00~105 2/03/95 106.25 26191 SUPPLIES-WTP FARI4 PLAN 005062 2/03/95 26.16 :)6192 GERVi CES-ktATER FRIENDLY GI4C 005349 2/03/95 92.50 26193 SUPPLIES-M~TP GALCO INDUSTRIAL ELECTRONICS 006012 2/03/95 775.52 2619& SERVICES-t&/TP GENERAL ELECTRIC CO 006080 2/03/95 2,030.00 26195 SERVICES-WTP GEHERAL ELECTRIC CO 006081 2/03/95 3,886.16 26196 SERVICES-911 GERVAIS TELEPHONE CO 006143 2/03/95 95.44 26197 RE ! I48URSEHENT -PLARN i NG STEVE 00ECKRI TZ 006216 2/03/95 33.71 26198 SUPPLIES-FINANCE GOV'T FINANCE OFFICERS ASSN 0(0238 ' 2/03/95----~- 29.00 26199 SERVICES-CITY ADHXN/911 G.T.E. 140OILNET 006373 2/03/95 7.87 26200 SUPPLIE$'WTP G.U. HARDUAItE CENTER 0(~05 2/03/95 &lg. Z3 26201 SUPPLIES-STREET HELFRICH EGUIP#ENT CO INC 007122 2/03/95 139.15 2~20;) SUPPLIES-U~TP HiGH-PURiTY CHEI4ICAL INC 007189 2/03/95 238.79 2~)203 SUI)PLIES-911 INCREDIBLE UNIVERSE 008065 2/03/95 1,846.84 2620& SUPPLZES-UUTP INDUSTRIAL UELDING SUPPLY 008100 2/03/95 :30.75 26205 TEHP EHPLOYEES-ENG JOg SHOPPERS INC 009119 2/03/95 595.70 26206 SERVICES-COU~T #SI GROUP INC 012015 2/03/95 125.00 26207 SERVICES-PUBLIC I~OltKS NARiOg COUNTY CLERK 0120~? 2/03/95 155.00 26208 SUPPLIES-UATER 14CHINNVILLE CONCRETE PROOUCTS 01:)403 2/03/95 138.80 26209 SUPPLIES-VARiOUS 14R pcs AUTO PARTS 012510 2/03/95 609.57 :)6210 SERV! CES-911 14ONI TOIt CO-OP TELEPHONE 012550 2/03/95 169.09 26211 SERVICES-VARiouS NOgTHUEST NATURAL GAS 013350 2/03/95 1,112.08 26212 SUPPL [ES-ENG NOVELL INC 013400 2/03/95 5:3.22 31,854.62 1lA 3103195 A/P CHECK LISTING FO~ THE HOHTH OF FEBRUARY PAGE: 2 Check N~ber Budgetary Account N~r.ber Vendor N~ Vendor N~.ber Ch~k - Orate Written A~t of Check 26213 SUPPLIES-VARIOUS OFFICE DEPOT 014029 2/03/95 53.75 26214 SUPPLIES-VARIOUS OR DEPT OF ,AD#i#ISTRATIVE SERV 014198 2/03/95 175.50 26215 SUPPLIE$-UATER OREGON DEPT OF GENERAL SERV 014200 2/03/95 145.00 26216 SERVICES-VARIOUS PORTLAND GENERAL ELECTRIC 015420 2/03/95 9,251.t? 26217 DUES-UUTP PUODING RIVER BASIN NATER 015~55 2/03/95 100.00 26218 SUPPLIE$-INTP JACK RAUL]NG$ 017054 2/03/95 118.05 26219 SUPPLIES-I&/TP ROYCE INSTRIJHEHT CORP 017350 2/03/95 48.0? 26220 SUPPLIE$-fdATER SAFFRON SUPPLY CO 018020 2/03/95 26221 SERVICES-911 ST PAUL COOPERATIVE TELEPHONE 018035 2/03/95 17./'.,60 26222 SUPPLIES-LIBRARY SCHOOL DAZE 018275 2/03/95 48.70 26223 SUPPLIES-UATER SILVERTON SAND & GRAVEL 018~90 2/03/95 894.60 26224 NAINTENANCE-LIBRARY SgXJND ELEVATOR CO 018~I0 2/03/95 163.43 26225 SERVICES-PLANNING $TATESHAN JOURNAL 018760 2/03/95 6~5.41 26226 SUPPLIE$'ENG SURVEYORS SUPPLY CO 018855 2/03/95 127.~5 2(~..27 PAGERS-STREET/911 TELECONN $YSTEH$ INC 019043 2/03/95 38.35 26228 SUPPLIES-VARIOUS THE d TRAYER CO 019100 2/03/95 973.50 26229 $UPPLIE$-UATER TRAC#$EL BUICK GNC 019197 2/03/95 90.00 26230 StJPPLIE$-MJTP UNOCAL:ER#IE GRAHAN O[L 020010 2/03/95 211.04 262~1 SERVICES-VARIOUS UNITED DISPOSAL SERVICE 020020 2/03/95 560.65 26232 SERVICES-VARIOUS U.S. lEST COI~IUN[CATION$ 020095 2/03/95 593.15 267.~3 SUPPLIE$-UUTP VALLEY lEI.DING SUPPLY 021050 2/03/95 9.50 262~ REINBURSEHENT-C]TY AU#IN KAY VESTAL 021126 2/03/95 18.97 2(~5 SUPPLIES-STREET VIESKO RED! NIX 021140 2/03/95 191.00 262~ SUPPLIES-LIBRARY UAL-NART$ STORES INC 022035 2/03/95 26237 HOTEL TAX-NONDEPT UOCOBUR# CHANBER OF COHNERCE 022510 2/03/95 26238 SERVICE$-SUINNING POOL UOCOBURN CONSTRUCTION 022560 2/03/95 I~6,690.00 26239 SERVICES-PARKS/PLAN M:)OOBURN INDEPENDENT 022~0 2/03/95 81.25 26240 SUPPLIES-VARIOUS t~OCOBURN OFFICE SUPPLY 022670 2/03/95 17'/'.45 262&1 SUPPLIE$-INTP UOCOBURN RENT-ALL 022708 2/03/95 85.16 26242 SERVICES-RSVP ANN BIGEJ 03504,0 2/03/95 170o00 26243 SERVICES-RSVP ELIZABETH BROOE$$ER 035067 2/03/95 12.50 262~4 SERVICES-RSVP GEORGE CUSTER 035128 ' 2/03/95-'-=*-' 18.75 26245 SERVICES-RSVP DONALD E FOLTZ 035247 2/03/95 43.75 2624~ SERVICES-RSVP NARGARET KANE 035390 2/03/95 36.75 26247 SERVICES-RSVP LEO LA ROGUE 035/~5 2/03/95 189.50 26248 SERVICES-RSVP VADA OUEH$ 035583 2/03/95 26249 SERVICES-RSVP ALHEDA GUIRING 035608 2/03/95 26250 SERVICES-RSVP HARIAN REED 035615 2/03/95 ,~.25 26251 SERVICES-RSVP RONERT STILLNAR 035E~7 2/03/95 194.75 ?.(~52 SERVICES-RSVP BETTE ~ITEHO~H 035?47 2/03/95 102.75 26253 SERVICES-RSVP JAY UO(X)S 035763 2/03/95 142.75 26254 SERVICES-RSVP GERALD t,K)OD 035790 2/03/95 97.75 26255 SERVICES-DAR GRACE DAVIDSUN 045210 2/03/95 24.38 26256 SERVICES-DAR CORNELIUS DONNELLY 045Px0 2/03/95 3~.00 26257 SERVICES-DAR FREHONT GREEHLING 045290 2/03/95 45.25 2~258 SERVICES-OAR HARVI# GRIHN 045295 2/03/95 22.00 197,055.86 11A 3103/95 A/P CHECI( LISTIHG FC~ THE HO~TH OF FEBRUARY 1995 PAGE: ~eck N~r B~getar¥ Accost N~r Ve~Ylor Nam V~r N~r ~eck - Date Written ~t of Check 26259 SERViCES'DAR UARD O'BRIEN 0~5497 26260 SERViCES'DAR HARILY# PARADIS 0~5512 262~1 SERVICES-DAR GERTRUDE REES 0455~5 26262 SERViCES-DAR JAHES STROUP 0~5595 ~ SERViCES'DAR BARBARA STROUP 045596 26264 SERViCES-DAR GENE UELL$ 0~5698 26265 SERVICES-DAR LDUELL UIKOFF 0~5705 262~ SERVICES'DAR JUDY YtXING 0~57&0 2626? PETTY CASH-VARIOUS CITY OF UCODBUR# 015255 262(:8 POSTAGE'VARiOUS POSTAGE BY PHONE SYSTEN 015~ 26269 REGISTRATION-POLICE CLY$O HONE 26270 SERViCES-I/ATER US POST OFFICE 020090 26271 VOiD VOiD VOID 26272 VOiD VOiD VOID 26273 VOID VOiD VOID 26274 $ERVICES-C]TY ADNiN FIRST N4ERICAN TITLE NONE 26275 SUPPLIES-FiNANCE VERT[SOFT SYSTEHS I#C NONE ?.0?.76 RE FUND -~L~TER/SEWER IK)GC)BUR# BUILDERS NONE 26277 REFOND-UATER/SEUER BRZCE [NVESTI4ENT REALTY NOllE 26278 DUES-POLICE PACIFIC PROGEAH ALU#RI #ETMIRK NONE ?~)279 SUPPLIES-911 ALCO CAPITAL RESOURCE 00010~ 26280 SERVICES-t~ATER ARAHAREUNIFOPJ4 SERVICE 0005~ 2E281 REINB~SEHENT-BUILDING RONERT ARZOI/dt 000536 262~2 SUPPLIES-POLiCE AUTONATED OFF[CE SYS 000563 26283 SERVICES-VARIOUS AT & T 00062~ 262~. SERVICES-911 CELLULAR ONE 002~05 26285 SERVICES-M,/TP ClNTAS 26286 SERVICES-911 CLACFaU4AS COW4UNICATIONS 002540 2628? SERVICES-COURT NARCOT CONLEY ?..62.88 SEUER BOND COUPONS JERRY DAUGHERTY 003064 · 2~2.89 SERVICES-I, MTER N.C. ENTENAHD 004,203 2E290 SERVICES-PUBLICUORES CELCOCONSTRUCTiON CO 006061 26291 SUPPLiES-LIBRARY GENERAL ELECTRIC CAPITAL 006070 26292 $UPPLIES-UATER HALTON CDJ4PANY 00704~ 26295 SERVICES-911 ! B HCORPORATION 008010 2(~ SUPPLIES-PLANNiNG INHAC 008120 26295 SERVICES-VARIOUS NARiON COUNTY FISCAL $VCS 012140 26296 SUPPLIES-VARIOUS NETROFUELING iNC 012/J.8 26297 DUES-POLICE NATioNAL ASSOCOF TOW UATCH 013018 26298 SERVICES-LIBRARY NORTHUGST iNNOVATIONS INC 013292 26299 DUES-POLICE O.N.E.A. 26300 SUPPLiES-POLICE OPT[COLOR FIL# & PHOTO 014056 26301 DUES-POLiCE OR EXECUTIVE DEVELOP INSTITUTE 014192 26302 SUPPLIESoENGINEER]NG OREGON DEPT OF GENERAL SERV 014200 26303 SER¥ICES-POLICE/CDOE ENF ON DEPT OF NOTON VEHICLE 014240 263~ SUPPLIES-POLICE OREGON FIRE EQUIPHENT CO 2103195 161.7~ 2103195 101.50 2/03195 47.75 2/03/95 135.00 2/03195 ~6.73 2/O3/95 97.25 2/03/95 42.00 2/03/95 43.00 2/0~/95 168.67 2/0~/95 800. O0 2/08/95 110. O0 2/10/95 t92.20 2/10/95 200.00 2/10/95 2/10/95 9.~8 2/10/95 8.29 2/10/95 75.00 2/10/95 119.25 2/10/95 2/10/95 14~.~8 2/10/95 253.03 2/10/95 295.90 2/10/95 31 .~8 2/10/95 158.18 2/10/95 892.50 2/10/95 50.00 2/10/95 ?.65.00 2/10/95 2/10/95-'"~- 26,~00.50 2/10/95 13~.00 2/10/95 Z~.~8 2/10/95 1,751.50 2/10/95 2/10/95 73.50 2/10/95 ~69.95 2/10/95 25.00 2/10/95 2/10/95 60.00 2/10/95 254.43 2/10/95 25.00 2/10/95 2/10/95 &1.50 2/10/95 Z32,543.47 11A A/P CHECK LISTIHG FOR THE HOHTH OF FEBRUARY PAGE Check Nurber Budgetary Account Hud)er Vendor Name V~r N~r Check - Date Written ~t of ~eck 26305 SUPPL i ES-UUTP/F l NANCE PIONEER ELECTRON % C$ 015~.5 263O6 ~ERVI~S-V~%~S ~T~ ~NE~L ELECTRIC 015~0 ~07 ~PLIES-~I~ ~ DIE~ ~Z~ E~i~NT ~ 0181~ ~ SERVI~S-CITY ATTY N R~ERT SHZE~S 01~50 ~ ~PLIES-ENG ~S ~PLY ~ ~1U55 ~10 ~PLIES~ATER TELE~ SYSTEHS INC 01ffi ~11 ~PLIES-STREET ~ffiL ERHIE ffi OIL 0~10 ~13 SERVI~S-V~I~ U.S. ~ST ~I~TI~S 02~ 2~14 ~IES-FI~ ~REN ~ ~T INC 0~ 2~15 ~RV~S-P~NZNG ~N INDEPE~ENT 0~0 2~16 SERV)~S-N~ DEPT C~LOTTE J~ES ~1~ 2~17 ~L~ES-LZB~Y PERS~AL T~H ~[NG 01~ 2~18 VO Z D VO ~ D VOI D 2~19 VO[ D VO ~ D VOi D 2~20 VO[ D VO] D VO Z D 2~21 RE~-~TER/S~R ~ELN~ A PARTNERSH[P N~E ~ RE~-~TER/S~R ~N CH~ N~E ~ ~RV[~S-911 R~ L~ J~EN BEACH N~E 2~2~ REG [ ST~T E~-911 ~ N~E ~ SERV~S-ENG PAC~ F]C ~ N~E ~ ~PL;ES-~[CE ALP~ ~ERS ~NC ~27 SERV[~S-C ST~ES ~R]~ ~S[NESS ~CH]NES ~ ~PLZES-L;B~Y ~R~N HERITAGE ~2~ ~ SERV[~S-VAR[~S AT&T ZNF~T[~ SYSTEHS 0~0 ~30 SERVZ~S-P~ES AT & T ~31 SERVZCES-911 AT&T ~ LZNE SERVerS ~32 ~RVZ~S-LZB~Y B & B TV & ~PL[~ ~1~ ~3 ~PL;ES-~E ENF~ BZ-~T ~TE~ ~12~ ~ ~PUES-LZ~Y ~TER~THS LEaL ~L)SH 2~5 ~LIES-LIB~RY ~S~E ~L~T%~S 2~ ~PLIES-~P C~TS ZNC ~2~' 2~7 ~PLIES-LIB~Y CHE~TA ~%TY ~LE~ OOZ~IO ~ SERVI~S-LIB~RY CHERRY CITY ELECTRIC INC ~2424 2~3~ ~PL~ES-L~B~Y CH~LT~ ~ANY ~2~5~ ~0 ~RV~ ~S-~P C~ HTAS 002~ 2~1 ~L]ES-STREET ~L~ T~LE & ~T 002655 2~2 ~RV)~S-~T ~T ~LEY ~2~ 2~3 ~RV~S-~L]~ ~RC~AL SEAT ~RS ~ ~27~5 2~ ~PL~ES-STREET ~OAT~ ~LY ~ ~2~ 2~5 ~PPL~ES-L~B~RY D~ ~D~A 2~ ~L~ES-L)B~Y EBS~ ~SCRIPT~ SERV ~0 2~7 ~PL)ES-~ F~L~N ~ST ~ 005332 2~ ~PL~ES-L~B~Y ~LE RES~RCH ~ 2~ ~PUES-L~B~RY ~YL~D BROS ~NC 0~0 2~50 RE~H~SEHENT-~ LYMH GERSTHER ~1~0 2110/95 26.12 2/10195 9,502.~4 2/10/95 2110/95 4,488.7~ 2/10/95 272.55 2/10195 37.35 2/10/95 1M.o5 2/lO/95 2/IO/95 3,313.~4 2/10195 112.95 2/10/95 332.9O 2/15/95 500.00 2/15195 704.00 2/16/95 22.30 :)/16/95 122.99 2/16/95 180.9~ 2/16/95 35.o6 2/16/95 Z30.O0 2116/95 2,495.O6 2/16/95 178.85 2/16/95 68.95 :)/16/95 ~.35 :)/16/95 6.06 :)/16/95 391.10 2/16/95 229.95 :)/16/95 55.0Z :)/16/95 43.5~ :)/16/95 22 2/16/95---_ 1&9.67 2/16/95 4S39.~3 2/16/95 2O6.53 :)/16/95 142.02 :)/16/95 16~.5& 2/16/95 150.97 2/16/95 27.50 2/16/95 189.00 2/16/95 ?&.58 2/16/95 25 2/16/95 95.00 2/16/95 &5.85 :)/16/95 333.87 :)/16/95 40.10 2/16/95 71 , , 11A 3/03/95 A/P CHECK LISTING FOR THE 140~TH OF FEBRUARY 1995 PAGE: 5 Check Number Budgetary Account N~=ber Vendor N= Vendor Nu;ber 26351 SERVICES-911 G.T.E. 14ORILNET 006373 26352 SUPPLIES-COOE ENFORCE RARRIS UNIFORNS 007090 26353 SERVICES-DAR HILLYERS MID CITY FORD 007228 26354 SUPPLIES-LIBRARY ]NGRN4 DIST GROUP 008116 2(~55 TE~Y EI4PLOYEES-ENG JOE SHOPPERS INC 009119 26356 SUPPLIES-LIBRARY dEAR I(ARR & CO 0100~0 26357 SERVICES-COURT PETER #. KONOVALOV 010295 26358 REGISTRATION-POLICE/FIN LARE,POUELL, SPEARS & LUBERSEY 0110~0 26359 SUPPLIES-FINANCE HEI-NICRO CENTER 0t2&21 26360 SUPPLIES-TRANSIT/DAR METROFUELING INC 0124~8 26361 SUPPLIES-PUBLIC M:)ltK$ #ICROSYSTE#S UARE#OUSE 012459 2&,.~ SUPPLIES-LIBRARY RATIONAL GEOGRAPHIC SOCIETY 013060 26~ SUPPLIES-ENG NESSCO SUPPLY INC 013160 2636~ SERVICES-911 NEW UORLD SYSTEHS 01316~ 26365 SUPPLIES-LIBRARY NIGHTINGALE CONANT 013195 26~ SUPPLIES-LIBRARY NOLO PRESS 013196 ~6~67 SUPPLIES-ENG NORVAC ELECTRONICS INC 013~73 26~ SUPPLIES-VARIOUS OFFICE DEPOT 0140~9 26369 SUPPLIES-LIBRARY OMNIGRAPHICS INC 0140~ 26370 SERVICES-VARIOUS O#E CALL CONCEPTS INC 7.~71 PER#ITS-VARIOUS ON BLDG COOES AGENCY 014160 26372 SUPPLIES-LIBRARY OXI4OON HOUSE 014665 26373 SERVICES-kq~TP PACIFIC PURE BOTTLED WATER 015059 26374 SUPPLIES-DAR PASENET OF ONEGON INC 015101 2637~ SUPPLIES-LIBRARY POLITICAL PUBLICATIONS INK 015~ 26376 SUPPLIES-LIBRARY POOL & CREW 015371 26377 SERVICES'STREET PURTLANO GENERAL ELECTRIC 015420 26378 SERVICES-911 PTI COFg4UNICATIONS 015580 26379 SUPPLIES-POLICE R & D INDUSTRIES INC 017001 ~ SUPPLIES-LIBRARY REGENT BOOK COI4PARY 01714~ 26381 SUPPLIES-LIgRARY RUGGIS RECONMENOATIONS 01T~ 26~ SUPPLIES-LIBRARY SCIENTIFIC N4ERICAR LIBRARY 018287 26~ SUPPLIES-VARIOUS LES SCHUAR TIRE CENTER 018300 26~ SERVICES-WATER S[LVERTON FANILY CLINIC 018~67 26385 SUPPLIES-LIBRARY TEACH ME TAPES INC 019036 26~ SUPPLIES-POLICE TELECONN SYSTENS INC 26387 SUPPLIES-POLICE TERRITORIAL SUPPLIES INC 019060 26388 SUPPLIES-VARIOUS THE J THAYER COMPANY 019100 26389 SUPPLIES-LZBRARY THONAS REGISTER 019136 26390 SERVICES-LIBRARY I~:)OOBURN FLORIST 022600 26391 SUPPLIES-VARIOUS I~X~BURN OFFICE SUPPLY 022670 ~6392 SERVICES-TRANSIT WOODBURNRADIATOR & GLASS 26~95 SUPPL[ES-BUZLDING/VTR YES GRAPHICS 024025 26394 SEWER BOND COUPONS FIRST INTERSTATE BANK 005140 2(~95 SERVICES-WATER US POST OFFZCE 26~96 SUPPLZES-VARIOUS PERSONAL TOUCH COI4PUTING 015237 Check - Date Ur~tten Amount of Check 2/16/95 5.00 2/16/95 199.80 2/16/95 ~0.93 2/16/95 216.35 2/16/95 1,3&2.45 2/16/95 2/16/95 20.00 2/16/95 40.00 2/16/95 130.50 2/16/9S 159.64 2/16/95 2~6.85 2/16/95 13.90 2/16/95 700.00 2/16/95 4,950.00 2/16/95 55.90 2/16/95 29.90 2/16/95 83.82 2/16/95 688.92 2/16/95 300.00 2/16/95 64.80 2/16/95 23~.00 2/16/95 2/16/95 42.00 2/16/95 15.90 2/16/95 6.00 2/16/95 23~.60 2/16/95 8,712.23 2/16/95 120.O0 2/16/95 160.00 2/16/95 31.70 2/16/95 19.95 2/16/95 1,510.93 2/16/95 116.00 2/16/95 84.70 2/16/95 97.50 2/16/95 708.00 2/16/95 185.97 2/16/95 225.80 2/16/95 25.50 2/16/95 161.20 2/16/95 ~0.00 2/16/95 369.00 2/17/95 270. O0 2/17/95 219.40 2/21/95 630.00 287,~2.15 . , 11A 3/03/95 A/P CHECK LiSTiNG FOR THE HONTH OF FEBRUARY 1995 PAGE: Check N~m.ber Budgetary Acc~Jnt N~r Vendor N~ Vendor N~m.ber Check - Date Writtm A=t of Check 26397 PETTY CASH-VARIOUS CiTY OF UOOOBURN 015255 2/21/95 147.92 2~98 SERVZCE$-UATER US POST OFFICE 020090 2/25/95 201.80 2(~99 VO I D VO I D VO I D 26~00 VO i D VO I D VO I D 2(~01 VO I D VO I D VO i D 2~02 SUPPLIES-PARKS ACE ~EPTIC & EXCAVATING 000031 2/2&/95 200.00 26~03 ~dPPLIE$-C GARAGE ACE TANK & EQUIPHEHT CO 000052 2/2&/05 2(~0~ SUPPLIES-CITY HALL ALeS FRUIT & SHRUB CENTER 000160 2/2&,/'95 58.80 26~05 SUPPLIES-LIBRARY AMERICAN HERITAGE 0002/~ 2/2&/95 26406 ~UPPLIE$-LIBRARY AMERICAN HEDIA CO~P 000263 2/2&/95 1,156.25 26/,07 ~UPPLIES-LIHRARY APPLE BOC~C$ 000~7 2/2&/95 533.28 2(~/~08 SERVICE$-U~TP ARGO INDUSTRIAL 000485 Z/2&/95 2(~09 SERViCES-VARiOUS ARAHARK UNIFOR# SERVICE 000534, 2/24/95 26410 SUPPLiES-VARiOUS AUTOHATED OFFICE $Y$ 000563 2/2&/95 542.73 26411 SUPPLiES-STREET BEN-KO-HATIC INC 001200 ?./2&/95 &91.27 26/,12 SERViCES-PARKS BILL'S SERVicE CENTER 001270 2/24/95 26413 SUPPLIES-VARiOUS Gl-HART CORPORATioN 001275 2/2&/05 112.01 26~1& $UPPLIE$-LIBRARY BROOART ]NC 0015;'0 2/2&/95 50.33 2~15 SERVICES-POLICE CASE AUTOHOTIVE 002190 2/2&/95 2,098o78 26~16 SERVICES-STREET CF NOTORFRE]GNT 002~0 ?./2&/05 189.08 2~17 SERVicES-UUTP CINTAS 002454~ 2/2&/95 332.95 ?..~18 SUPPLIES-PARKS CLACKAHA$ LOCK 002558 2/2&/95 &O0.O0 2(~19 SERVICE$-OI__~T 14ARGOT COHLEY 00268~ ?../2&/05 35.00 25/,20 SUPPLiES-VARIOUS CONVENIENCECARD 002815 2/24/95 96.19 2(~21 SERVICE$-UUTP JOHN CRANE INC 00289~ 2/24/95 2,050.33 2~22 SUPPLIES-VARIOUS DAVi$ON AUTO PARTS 003080 2/24/05 608.39 ?..~25 SUPPLIES-POLiCE DAViSON AUTO PARTS 003081 2/24/95 89.41 26~24 SERVICES-POLICE FARNER$ OIL 0050~0 ?../24/95 52.00 26425 SUPPLIES-PARKS FARN PLAN 005062 2/24/05 87.35 26~26 SUPPLIES-POLICE FOTO NAG]C 005258 2/24/95 53.01 2(~27 SERVICE$-k~JTP GENERAL ELECTRIC CONPARY 006080 ?J24/9~ 1,100.00 ?..~28 SERVICES-UUTP GENERAL ELECTRIC CO 006081 ' 2/24/05"'~'~ 1,8~.60 26~29 SERVICES-PARKS G.T.E. HOgILNET 006373 2/24/95 32.35 26430 SUPPLIES-VARIOUS G.U. HARDUARE CENTER 006405 2/24/95 417.86 2(~31 SERViCES-LiBRARY C.J. NANSEN CO INC 007055 2/24/95 ~0.00 26~32 BUPPLIE$-UUTP HIGH PURITY CHENICAL INC 007189 2/24/05 496.81 26433 SERVICES-NON DEPT 14ARVIN D HINNEL CONSULTING SER 0072~0 2/24/95 26/,3/, SUPPLIES-LIBRARY INGRAH DIST GROUP 008116 2/24/95 3,675.62 26~35 TE~ ENPLDYEES-E#G JO8 SIK2PPERS INC 009119 2/24/95 26~36 SERVICES*CCX~T PETER #. KC~OVALOV 010295 2/24/95 35.00 26~37 SUPPLIES-tJATER L & L BUILDING SUPPLIES 011010 2/24/95 3?.95 26~38 SUPPLIES*t4fl'P LA~:~d PROOUSTS 011176 2/24/95 141.79 26~39 SUPPLIES-PARKS LI~:S HAR~T 011240 2/24/95 21.57 26~,0 SUPPLIES-LIBRARY LIBRARY VIDEO CO 0112~8 2/24/95 99.49 26~1 SUPPLIES*LIBRARY LISTEHIHG LIBRARY 011266 2/24/95 82.79 26~2 SUPPLIES*LIBRARY HARSRALL CAVE#DISH CORP 012235 2/24/95 419.95 312,009.13 , , llA 3/03/95 A/P CHECK LISTING FOR THE ~NTH OF FEBRUARY 1995 PAGE: 7 Check Nunber Budgetary Account Nmber Vendor Name Vendor Nud2er Check - Date ~,frJttefl Amount of Check 264~3 SUPPLIES-VARIOUS HETROFUEL] #G IHC 012448 2/2&/95 380.59 ~ SUPPLIES-LIBRARY N[STER ANDERSOM'S CO 012535 2/2/,/95 1&.37 26~5 SUPPLIES-LIBRARY NATIORAL GEOGRAPHIC SOCIETY 013O60 2/24/~5 23.95 26/~6 SUPPLIES-PARICS NATIONAL INFO DATA CENTER 013070 2/24/95 ~6.90 264~? SUPPL]ES-F]HANCE NU COHPUTER SUPPORT IHC 013268 2/2,/95 19.35 26440 DUES-L] BRARY OLA 01/,027 2/2&/95 157. O0 26449 SUPPLIES-LIBRARY OFFICE DEPOT 014029 2/2/*/95 8~.98 26450 SUPPLIES'LISRARY OLYHPrA BU~ CORP 0140~3 2/2/*/95 395.78 26451 SERVICES'BUILDING OR BLDG CQOES AGENCY 01/.160 2/24/95 1,503.75 26452 SUPPLIES'LIBRARY OXFORD UNIVERSITY PRESS 014655 2/2/*/95 26453 SUPPL]ES'UUTP PACIFIC PRINTERS 015058 2/2/*/95 11/*.89 26454 SUPPLIES'MATER PACIF[C MATER UORKS SUPPLY 015065 2/2/*/95 &,98~.70 26455 SUPPLIES-LAJTP PLATT ELECTRIC CO 0153~0 2/2/*/95 9~..86 26~56 SUPPL ! ES-UUTP/POL I CE PIONEER ELECTRONICS 0153~5 2/2/*/95 30.26 26457 SUPPLIES*PARKS PC~TLAND TRAILBLAZERS 015455 2/24/95 13/*.50 26458 SUPPLIES'LIBRARY PRENTICE HALL ]NC 015535 2/2/*/95 &0.9~ 26459 SERVICES-MATER RADIX CORPOP~T l ON 017035 2/24/95 551.25 26460 SUPPLIES'WTP RED MING SHOE STORE 017138 2/24/95 96.90 26461 SUPPLIES'LIBRARY ROSEN PUBLISHING GROUP 017320 2/24/95 20.52 26~62 SUPPLIES-I&/TP SAHLBERG SAFETY SUPPLY 018030 2/24/95 26463 SUPPLIES'VARIOUS SCOT CUSTCOIAL SUPPLY 018308 2/24/95 1,34~.87 26~6~ SUPPLIES-PARKS/NO# DEPT SIERRA UINDS 016458 2/2/*/95 6,537.10 26~65 SUPPLIES-LIBRARY SII40N & SCHUSTER 018/,93 2/2/*/95 92.00 26~66 SUPPLIES'POLICE SLATER CGHHUN 1 CAT I C~iS 018522 2/2/*/95 371.30 26467 SERVI CES-U~rTP STATESMAN dOURNAL 018760 2/2/,/95 94.70 26468 SUPPLIES-LIBRARY SUNSET PRGOUCT IORS 018819 2/24/95 132.84 26469 SUPPLIES-LIBRARY THORNDIKE PRESS 019150 2/2/*/95 26070 SUPPLIES-LIBRARY TII4E-LIFE 80(NCS 019160 2/2/*/95 18.94 26471 SUPPLIES-STREET/UUTP UNOCAL:ERNIE GRAHAH OIL 020010 2/2/*/95 751.57 26472 SUPPL[ES-L [BRARY US~EST DIRECT 020092 2/2/*/95 l~J..22 26473 SERVrCES-911 US ~/EST CCI~IUNICATIONS 020095 2/2/*/95 217./*? 26/,?/* SUPPLIES-LIBHARY VIDEO STORE SERVICES 021172 - 2/24/95 *-* ~- &9.3~ 26475 SUPPLIES-POLICE MAL-14ART STORES INC 022035 2/2/*/95 150.82 26~76 SERVICES-UATER UATER,FOGO & RESEARCH LAB 022062 2/2/,/95 29?.00 26477 SERVI CES-t&JTP MATERLAB 022065 2/2/*/95 120. O0 26~78 SERVICES'STREET UESTERlt POUER & EGUIPHE#T 022228 2/24/95 2,735.2& 26~79 SUPPLIES-STREET ~dITHERS LUMBER CO 022445 2/24/95 58.&2 26~80 SERVICES-LIBRARY UCX~OBIJRIJ FLORIST 022600 2/2/*/95 23.00 2(:~81 SERVICES-PARKS UOOOBURH HIGH SCHOOL 022615 2/2/*/95 120.00 26~82 SERVICES-UUTP/NON DEPT MSOOBURN INDEPENDENT 022630 2/2/*/95 107.15 26483 SUPPLIES-VARIOUS M~ODBURN OFF[CE SUPPLY 022670 2/2/*/95 389.82 26~8~ SERVICES-POLICE MSOOBURN PHARMACY 022680 2/2/*/95 23.&3 26485 SUPPLIES-LIBRARY M2RLD HEDIA EXPRESS 022815 2/2/*/95 69.69 26Z~6 SERVICES-RSVP GEORGE CUSTER 035128 2/2/*/95 11.25 26487 SERVICES-RSVP LEO LA ROGUE 035465 2/2/*/95 155.50 26488 SERVICES-RSVP VADA OUENS 035583 2/2/*/95 97.00 335,054.58 llA 3/03/95 A/P CHECK L[STi#G FOR THE NONTH OF FEBRUARY 1995 PAGE: 8 Check N~ber Budgetary Argot N~ber Vendor N~ Vendor Number Check - Dete Wr|tt~ A~t of Check 26/,89 SERVICES-RSVP ALHEDA GU[RING 035608 2/24/95 60.00 26~90 SERVICES-RSVP HARIAN REED 035615 2/24/95 38.00 26/,91 SERVICES-RSVP JUNE UOOOCOCI( 0356~8 ?../2&/95 245.00 26~92 SERVICES-RSVP RORERT $TILUd. AN 035667 2/24/95 80.00 26~93 SERVICES-RSVP BETTE UH]TEHOR# 0357&? ?../2&/95 ~.00 26~9& SERVICES-RSVP JAY UO00$ 035763 ?../24/95 1&9.00 26Z,95 SERVICES-RSVP GERALD gO00 035790 2/2&/95 37.50 26~96 SERVICE$o#ON DEPT CHARLOTTE JONES 0091~6 2/28/95 &~17~.00 339,883.08 ,- , 14A MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Planning Commission SPR 95-01 Fleetwood Enterprises March 7, 1995 I. APPLICANT: David J. Newton Associates for Fleetwood Enterprises 1201 SW 12th Ave. Suite 400 Portland, OR 97205 At their February 23, 1995 hearing, the Woodburn Planning Commission approved conditions the request for site plan approval of an approximate 6,000 square foot storage shed and concrete test pad. See attached site plan. I1. RELEVANT FACTS: The site is located north of National Way and Industrial Ave. within the industrial park. The subject property can be identified on Marion County Assessor Map as Tax Lot 3900(42189-004), !iS, 1W, Sections SD. Previous land use actions related to this applicant include partition 93-08, site plan review 94-06, and lot line adjustment 94- 02. The Planning Commission approved the creation of two parcels. Approximately 24 acres was purchased by Fleetwood and Patrick Industries bought approximately 19 acres. In addition, the Commission approved the a 48,000 square foot addition to Fleetwood Enterprises. The proposed building will be used in conjunction with Fleetwood's existing facilities. The lot line adjustment was approved sot that Fleetwood and Patrick Industries could "swap" some land. Because of the previous land use actions, some previous conditions of approval need to be resolved prior to applicant receiving a building permit for the proposed 6,000 square foot storage shed. This would include providing to the Planning Department a copy of the recorded partition plat. A copy of the lot line adjustment prior to recordation with Marion County and a copy of it once it is recorded. In addition, the applicant needs to submit a final landscaping plan to the Planning Department for review. 0(~ '0 .:!:: 14A 1 5A TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator ~v Council Goals for 1995-96 March 8, 1995 SUBJ.: DATE: By all accounts, the Council's goal setting session on March 2, 1995 was a positive, productive and successful event. The end result of the session was a set of leadership goals established by the Council to define and communicate to constituents the direction that councilors envision for the next two years. I commend the Council for making the commitment to establish these goals and the thoughtfulness that went into the formulation of the collective set of goals. The Council's goals were specifically not prioritized; each being important in its own way. In summary, the Council's established goals for 1995-96 are es follows: WATER - Develop a Water Master Plan. WASTEWATER - Adopt facilities plan and. sell bonds for the wastewater treatment plant upgrade. pARKS - Review and update our Recreation & Parks Master Plan. PARKS - Complete Phase I of the Centennial Park project. TRANSPORTATION - Develop funding options and strategies to begin improvements to our unpaved streets, roads and alleys. - Lobby State Legislature for a 2nd I-5 interchange. Adopt our Comprehensive Transportation Plan and begin its TRANSPORTATION TRANSPORTATION implementation. DOWNTOWN - downtown area. LIVEABIMTY - Explore options and opportunities for enhancing the vitality of our Develop an inventory of opportunities and strategies for city beautification, including an "Adopt a Street" program. 1SA Page 2- Council Goals (3/8/95) LIVEABILITY - Evaluate and implement strategies to maintain cleanliness, quality and safety of our neighborhoods, parks and public buildings and continue to vigorously enforce existing ordinances. LIVEABILITY - Actively promote Neighborhood Watch programs. PUBLIC INVOLVEMENT - Activate the Human Rights Commission and develop policy and procedure guidelines for all boards and committees. PERSONNEL - Start an employee recognition program by and from the Council. As noted by the facilitator, the next steps in a complete goal setting process are the responsibility of city staff; evaluation and analysis of the goats and development of an action plan to carry them out. Staff has already met to conduct an initial review of the Council's goals, with input and assistance from the Mayor. The initial assessment was positive. The goals are generally seen as very "do-able" and are consistent with ongoing efforts. Some very similar goals were consolidated for purposes of clarity and focus on implementation. It was noted that further clarification is needed concerning the goal of lobbying the Legislature for a second I-§ interchange. The Transportation Task Force and city staff have been working with the concept of an expanded "split diamond" interchange rather than a full second interchange.. To prevent any potential conflict in direction, a Council workshop will be scheduled in the near future to clarify the city's options in this regard and to enable the Council to craft an appropriate lobbying strategy. Most of the goals represent minimal budgetary impact for both the current year's budget and for the rapidly approaching Fiscal Year 1995-96 budget. However, many of the goals include planning activities initially, with subsequent implementation costs that may significantly impact the city's budgets for 1996-97 and beyond. These future impacts will be evaluated more thoroughly as part of the staff "action plan" component of the goal setting process. 15B City of Woodburn Police Department MEMORANDUM 270 Montgome~reet Ken Wrigh~_~ ) Chief of Polar- Date: March 8, 1995 Woodburn, Oregon 97071 (503) 982-2345 To: Mayor Kirksey C. Childs, City Administrator Subject: Board/Commission/Committee Application Form Previously we discussed thc process of devising a formal form for members of the public to notify your office they were interested in appointment to a board or commission. At your direction I developed the attached form for your approval. The application form was initially developed to solicit applicants for the Human Rights Commission and has been expanded to ali boards, commissions and committees. I would envision the form to be available at city hall, library, community center for the public to obtain. The public would then mm the completed form into your office. This would provide the mayor with a on-going list of interested citizen volunteers. Recommendation: The City Council review the form and make corrections, improvements additions and deletions as desired. Thc form would then be revised accordingly and made available for use by the public and city staff in developing a pool of interested citizen volunteers to serve on boards, commissions and committees. APPLICatION FOR CITY Of WOODBURN COMMISSION/COMMITTEE/BOARD MEMBER 15B Name: Present Address: City/State/Zip: Phones: Work/ Home/ Message/ Years Lived In Woodburn: Occupation: Education: '- Address for Past 5 Years: City/State/Zip: Date: Commission/Committee/Board Applying For (*): I-I Woodburn Planning Commission [] Woodburn Budget Committee [] Woodburn Recreation and Park Board [] Woodburn Ubrary Board [] Woodburn Cable TV Advisory Board E] Woodbum Human Rights Commission ~ ~ ¢ ~&~~~.,~'<~:.~..~,~<,~.~.. ............................ Why you want to apply: What experience/expertise/interest do you have for this group? 15C TO: FROM: SUBJECT: DATE: Frank Tiwari, Public Works Director Frank Sinclair, POTW Superintendent Mill Creek Lift Station Pump Update March 7, 1995 The pump at Mill Creek Lift Station, which has been having continuing maintenance problems, appears to be in working order again. The new bearing which failed has been replaced and the shaft re-machined. Morris Pump is accepting responsibility for the repair so the shaft modification and bearing replacement was performed at no cost to the City. The City's maintenance crew is continuing to monitor the pump. They are monitoring the temperature of the bearing several times per shift. The bearing is heating above desirable temperatures but the manufacture is not concerned at this point. They feel that once the bearing is "broke-in" it will operate normally. 15D MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Proposed Vacation of a Portion of Nekia Street March 2, 1995 RECOMMENDATION: Transportation Task Force analyze the traffic flow issues of the area and reflect it's recommendation in the final transportation plan to be approved by the Council. BACKGROUND: At the February 27, 1995 council meeting there was discussion on the proposed vacation of dedicated right of way for Nekia Street located east of Woodland Avenue. The right of way is unimproved at this time. From future planning prospective it is not appropriate for the city to take such action at this time, but a review is underway. There are numerous sections of right of way within the city that are dedicated for streets or street extensions similar to the Nekia Street section. These street right of ways were dedicated because city determined that these areas may be required for the efficient movement of traffic at some time in the future. Prudent planning dictated that these right of ways be dedicated to allow areas for these streets when the need arose. Future use of adjoining land may or may not require actual use of the dedicated right of way. - The City does not know how the land to the east of Woodland Avenue will develop. It is assumed that most of the access required for this land will be provided by Arney Road. Although exact configuration of this street is not known yet, it could also serve as access to a portion of this land that is adjacent to Woodland by a cul-de-sac or it may extend further to Arney. Staff will request Transportation Task Force to review the traffic flow issues of this area and reflect it's recommendation in the final transportation plan to be approved by the Council. It is important that the city keep its options open with regard to future street networks. What seems unnecessary today could be a key element to an efficient street network in ten years. At this time, however, the city should retain control of the section of dedicated Nekia Street right of way east of Woodland Avenue. MEMO 15E TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector ~ Building Activity for FEBRUARY, 1995 March 3, 1995 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences, Driveways Mobile Homes FEBRUARY 1993 FEBRUARY 1994 FEBRUARY 1995 No. Dollar Amt No. D_gJJi~._~L No. Dollar Amt. 0 0 I $ 148,005 0 0 0 0 0 0 0 0 7 27,000 5 16,200 I 5,500 0 0 0 0 I 100,000 I 150,000 4 133,701 2 4,249 4 4,524 5 22,564 10 25,890 3 126,500 2 100,500 2 76,000 TOTAL: 15 $308,024 17 $420,970 16 211,639 July 1-June 30 Fiscal Year-to-Date ,$ 8r 116r011 $18,367,507 $12,368~ 145 Robert Arzoian Building Official RS:bw BLDACT02.95 15F MEMO TO: THROUGH: FROM : DATE : BUBJECT: Mayor and city Council City Administrator Childs City Recorder Tennant ~~ March 8, 1995 Ballot Issues - March 28, 1995 Mail-In Election Voters will be receiving ballots from Marion County Elections around Tuesday, March 14th, whichmustbereturned to the Elections Office no later than Tuesday, March 28th at 8:00 p.m.. Last September, we participated in a new program in which City Hall was a "drop-off" site for election ballots rather than ballots being returned through the postal system or hand-delivered to the County Elections office. This program was a success even though there was limited coverage regarding the location of the ballot box at City Hall. Once again, we will be a "drop-off" site for the March 28th election. A ballot box will be locate~ in City Hall near the Finance Department office begi~n~ngMarch 14thunti1 8:00 p.m. on March ZBth. A County elections officer will stay at City Hall until 8:00 p.m. to allow voters an opportunity to vote up until the time of closing. Issues on the ballot for our area include: - School District Director positions; - Fire District Director positions; - Marion County ESD Zone 4 position; - Chemeketa Community College Zone 6 position; and - Woodburn Fire District 10 year serial levy request. 15G MEMO TO: Mayor and City Council through City Administrator FROM: Planning Commission SUBJECT: Annexation of Woodburn Unincorporated Areas of DATE: March 9, 1995 Over the last few weeks the Planning Commission has been discussing the relevancy of incorporating "islands" of unincorporated land into the city limit, The attached information identifies 1 5 potential sites that are being reviewed by the Planning Commission. After additional study and review the Commission will make a recommendation(s) to the City Council as to what they believe to be the best course of action. MEMO TO: Woodburn Planning Commission FROM: Community Development Department SUBJECT: Annexation of unincorporated areas of Woodburn DATE: February 3, 1995 Per the request of the commission, the planning department has researched those parcels that are outside of the city limits. Attached with this memo is the list of properties and maps indicating those parcels of property. The analysis is limited to those properties that are currently surrounded and contiguous to the city limits and therefore essentially create "islands" of land that are within Marion County's jurisdiction and Woodburn's planning area. The areas have been arbitrarily divided into regions for planning purposes. Assessors maps indicating the specific properties within the regions have also been attached. The value refers to the total assessed value of all properties within the identified regions per the assessors records available to staff. The value includes building and land value. Annexations are governed by Oregon Revised Statutes. Chapter 222 deals specifically with city boundary changes. Historically, annexations to the city have been initiated by property owners. This has involved the owner petitioning the city to annex and submitting the required petition and signatures. When all of the owners of land in the territory and not less than 50 percent of the electors, if any, residing in the territory consent to the annexation, the request has then been acted upon by both the planning commission and city council. Since the commission has expressed interest in initiating this process, staff feels that it would be appropriate to request the city attorney to review the state statutes for the proper procedures involving annexations of property with or without ,property owner consent. Staff will forward information to the city council regarding this subject as it becomes available. REGION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS VALUE 178,790. O0 150,350. O0 756,470.00 6,067,550.00 1,131,630.00 1,172,550.00 271,000.00 682,110. O0 164,420.00 246,000.00 113,560.00 426,690.00 634,620.00 194,420.00 298,170. O0 ~2,488,330.00 ACREAGE 30.5 3.7 25.9 20.5 11.5 8.5 1.3 12.5 3 19.6 5.2 10 4 8 1.8 09 c) /ISI el 0o$ o '*4 ~o -Jo REGION 1 T5S R2W 13 CZ) REGION 2 T5S RIW 18CA 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 0 0 · 0 f. JJ 0 0 0 0 0 IVI, dr~ I 05 lW 18D, 103 103 O0 2600 O3 03 03 5 REGION 3 T5S R1W 18D 103 03 03 5 300 5 %;. 600 10: ~' O0 03 3 ~.500 200 30O ~100 - tq~MI4l~Cll O~r THIS 1900 · dd 0 0 0 0 0 0 REGION 4 T5S RIW 17C REGION 5 T5S R1W 17BC, 17BD REGION 6 T5S RIW 17BA o ~00 ~o.~00 ~ ~300 O0 44OO 103 O0 03 5 REGION 8 T5S RI W 8DA, 9C o 0 0 0 REGION 9 T5S R1W 8A =200' 04-FEB-94 ~900 5100 5200 1/4 COR.E~. SEE MaP 5 lW 08DA o bJ WOODBURN REGION 10 T5S R1W 8CB N~ A~ WITH ON MAP 0~ 1W 07A 0 REGION 11 T5S R1W 8BC S~E C.S.R. D9--4~ 5--204 & ~-088 ~ TOWNS 10 100.20 - 800 , 700' ..- ~ " 9( 600 -~ ~; ~ - ~ - 1300 / 1400 ~ -:~TATE HIGHWAY 214 0 0 0 0 E, 1600 FI~PN~. 2 0.58 AC · SEE MAP O5 lW 08CB 1000 KIZ~ION 12 T5S R1W 5C ELY NE COR J CASEY LAND CLAIM SLY RE-ENTRANT COR EAST LINE, J CASEY CLAIM SS$OOO iN~ COR ' COOLEY ', LAND CLAIM 'i!03 03 03 0 NLY RE-ENTRANT,/' I _\ .e.&~ _ COR EAST LINE d CASEY CLAI~ / \ "~ '* . ~ ~Nt4 COR e/~ TRUMAN ~'i g LA.O · ./. ./ 1300 / 1200 132.46 1100 ,E · AUGHN 'LC 52 ~ 1600 1600 A2 4,~1~,~003 44 4~ (CF~ SSO') 2OO BOO 240O 2200 ~00 50O 103 O0 03 0 REGION 13 T5S R1W 7BD N I'-I00' 27-DEC.93 ROAD 2500 ~ I I I ! I I I I I REGION 14 T5S R1W 7BA m T5S R1W 7AB G¥O~ - 09 \ at o\° 09 0