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Agenda - 03/27/1995 CITY OF WOODBURN 270 MONTGOMERY STREET *'** WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL MARCH 27, 1995 - 7:00 P.M. A. Council minutes: regular meeting of March 13, 1995. B. Planning Commission minutes of March 9, 1995. APPOINTMENTS: g ANNOUNCEMENTS: March 29, 1995 - Noon, Transportation Task Force, City Hall. March 30, 1995, 4:00 - 8:00 p.m., Wastewater Advisory Committee Open House, City Hall. April 5, 1995, Senior Citizen Health Care & Crime Prevention Information Fair..~ ~ ~ ,-. C~ r~-~ ~, ~ - ?- ~'"'~ ' ~'~'~ ~'"~'~ 4C D. April 13, 1995, 7~OO'p.m.- Transportation Task Force Open House E. April 17, 1995, 7:00 p.m. - Council workshop to review options for second I-5 interchange (per Council goal), at CiW Hall. A. Chamber of Commerce B. Other Committees items for Council consideration not already scheduled on the agenda.) A. Davidson Farms, Inc.: Annexation 95-01, Comprehensive Plan Amendment 95-01, Zone Map Amendment 95-01. (Information provided in separate packet) Page I - Council Agenda, March 27, 1995. 10. 1612 - Ordinance reclassifying A. Council Bill No. and Arney Rd. from Commercial Office to Commercial Retail Woodland Ave. and approving a site plan review for Miles Chevrolet. B. Council Bill No. 1615 - Resolution authorizing agreement with Keizer Rural Fire Protection District. C. Council Bill No. 1616 - Resolution transferring certail real and personal property to the Woodburn Fire Protection District. D. Sound amplification/street closure request for Cinco De Mayo celebration. E. Liquor license application: Heide's Cafe. F. Authorization for Wastewater Advisory Committee to ioin Pudding River Water Resource Development Association. G. Contract Award: Sewer cleaner. H. Update: Dangerous building located at 347 N. Front St. (Salud Clinic) A. 95-02- Fir Grove Motel Addition. A. Proiect status: Country Club Road realignment. B. Proiect status: Settlemier Avenue resurfacing. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. ORS 192.660(1 11. 12. 13. 14. 15. 16. 17. 18. 19. Page 2 - Council Agenda, March 27, 1995. 3A' COUNCIL MEETING MINUTES March 13, 1995 TAPE READING 0001 DATE. COUNCIL CH~MBERSt CITY HALLt CITY OF WOODBURN, COUNTY OF MARION~ STATE OF OREGON~ MARCH 13~ 1995. coNVENED. The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. 0015 ROLL C~LL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Kirksey Chadwick Figley Hagenauer Jennings Pugh Sifuentez Present Present Present Present Present Present Present (7:03 pm) Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police chief Wright, Park Director Holly, Finance Director Gritta, 9-1-1 Communications Manager Wolf, City Recorder Tennant 0020 MINUTES. JENNINGS/FIGLEY .... approve the Council's February 27, 1995 regular meeting minutes and the March 2, 1995 workshop minutes; accept the Planning Commission minutes of February 23, 1995 and the Library Board minutes of February 22, 1995. The motion passed unanimously. 0030 APPOINTMENTS. Mayor Kirksey recommended the appointment of Wendy Veliz to serve on the Human Rights Commission. She also reminded the Council that the Ordinance provides for each Councilor to select a representative from their Ward to serve onthe Commission. She encouraged the Councilors to submit names to her for appointment to the Commission. JENNINGS/FIGLEY... approve the appointment of Wendy Veliz to the Human Rights Commission. The motion passed unanimously. Wend¥ Veliz expressed her appreciation to the Council for the appointment. Mayor Kirksey stated that Ms. Veliz is a young careerist candidate for the Business & Professional Women (BPW) district meeting on March 18th and, if she is selected, she will be participating in the State BPW competition. ]%NNOUNCEMENTS · 1) Budget Hearings begin on Tuesday, March 14, 1995, 7:00 p.m. in the City Hall Council Chambers. Page i - Council Meeting Minutes, March 13, 1995 3A TAPE READING 0124 0180 0230 COUNCIL MEETING MINUTES March 13, 1995 2) The Woodburn School District Bond Levy Task Force will meet on Tuesday, March 14, 1995, 7:00 p.m., at the French Prairie Middle School. 3) Ballot boxes for the March 28, 1995 election will be located in the City Hall lobby March 14 - 28, 1995. 4) The St. Patrick's Day Parade will be held on Saturday, March 18, 1995 with the parade route starting at Bi-Mart and ending on Hwy. 99E near Cleveland Street. 5) A Council workshop will be held with the Wastewater Advisory Committee on Monday, March 20th, 7:00 p.m., in the City Hall Council Chambers. 6) The city Council will hold a public hearing on March 27th, 7:00 p.m., City Hall, regarding the Urban Growth Boundary annexation proposal for property located in the southwest quadrant of the I-5 interchange area (Davidson Farms, Inc.). 7) The Wastewater Advisory Committee will hold an Open House on March 30, 1995, 4:00 pm - 8:00 pm, in the city Hall Council Chambers. pROCLAMATION - DAFFODIL DAYS, MARCH 15-18, 1995. Mayor Kirksey proclaimed March 15-18, 1995 as Daffodil Days in Woodburn in support of the American Cancer Society's fundraising campaign. CHAMBER OF COMMERCE REPORT. Kimberly Schmidt, representing the Chamber Board, stated that the monthly Chamber forum will be held on Wednesday, March 15th, at Yun Wah's restaurant. Guest speaker will be Public Works Director Tiwari who will address the City's wastewater plan. The Chamber will be participating in the St. Patrick's Day parade. Lastly, the tulip and daffodil fields will be open for public viewing beginning March 20th at the Wooden Shoe Bulb Co.. Dallas Figley, 601 S. Settlemier, expressed his thanks to Mayor Kirksey in setting an example to encourage Councilors and local residents to purchase bricks for the new swimming pool. He stated that he was giving his form and money to the Parks Director tonight, however, he made a public announcement that his wife, Councilor Figley, had not purchased a brick as of this date. Bricks will be sold until April 1, 1995 and he suggested that the public not miss this opportunity to donate towards this community project. Page 2 - Council Meeting Minutes, March 13, 1995 3A TAPE READING 0324 0380 0414 0466 0475 COUNCIL MEETING MINUTES March 13, 1995 COUNCIL BILL 1612 - ORDINANCE RECLASSIFYING PROPERTY LOCATED ON HIGHWAY 219 BETWEEN WOODLAND AVE, AND ARNEY RD, FROM COMMERCIAL OFFICE (CO] TO COMMERCIAL RETAIL (CR] AND TO APPROVE A SITE PLAN REVIEW APPLICATION (MILES CHEVROLET). Council Bill 1612 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. The vote on the bill was 5-1 with Councilor Pugh voting nay. Since there was not a unanimous vote by the Council on the first night it was introduced and read, Council Bill 1612 will be brought back to the Council for another reading at the next regular meeting. COUNCIL BILL 1613 - RESOLUTION RECEIVING A GIFT FROM T~ ESTATE OF MARTHA EISENEGGER TO THE WOODBURN COMMUNITY CENTER. Councilor Hagenauer introduced Council Bill 1613. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared the Council Bill 1613 duly passed. Councilor Jennings stated that the City had received a $10,000 bequest for the Woodburn Community Center. COUNCIL BILL 1614 - RESOLUTION AUTHORIZING BILL OF S~LE ~ AGREEMENT WITH WOODBURN CABLE ACCESS TELEVISION (WCAT}. Council Bill 1614 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Councilor Jennings commended the actions of WCAT, in particular Bruce Thomas, for providing the community with a quality community access program. On roll call vote for final passage, Council Bill 1614 passed unanimously. Mayor Kirksey declared the bill duly passed. LIOUOR LICENSE APPLICATION - WOODBURNFAST SERVE, INC., Chief Wright recommended the approval of a Package Store liquor license transfer from Woodburn Chevron to Woodburn Fast Serve, Inc. as submitted by Robert J. & Mary C. Barman. JENNINGS/FIGLEY... recommend to OLCC the package store liquor license transfer to Woodburn Fast Serve, Inc.. The motion passed unanimously. CLAIMS FOR THE MONTH OF FEBRUARY 1995. SIFUENTEZ/FIGLEY .... approve payment of voucher checks $26168- 26496 for the month of February 1995. The motion passed unanimously. Page 3 - Council Meeting Minutes, March 13, 1995 3A COUNCIL MEETING MINUTES March 13, 1995 TAPE READING 0493 SITE PItoN REVIEW ~95-01 - FLEETWOOD ENTERPRISES. At their February 23rd meeting, the Planning Commission approved the site plan with conditions for the construction of an approximate 6,000 square foot storage shed and concrete test pad. No action was taken by the Council on this issue. 0504 STAFF REPORTS~ A) Council Goals for 1995-96 -- Administrator Childs sum~arized the Council goals that were discussed during the March 2nd work session. The goals outline the Council's direction over the next two years, some of which will take less time while others will be more long term. JENNINGS/PUGH .... goals from the workshop be entered into the record as the goals for the City Council. The motion passed unanimously. 0614 B) Application Form for Boards/Commissions/Committees -- Mayor Kirksey stated that she will start using the forms immediately to create an applicant pool from which she can select candidates for the various positions. In the future, she suggested that guidelines be established relating to policies and procedures to be followed by members of these boards, commissions, and/or committees. Councilor Jennings encouraged citizens to obtain an application form from the City Administrator's office at City Hall. JENNINGS/FIGLEY .... form as presented be adopted as the official application for board, commission, and committee positions. The motion passed unanimously. PUGH/FIGLEY... adopt the same type of form for City Council vacancies. The motion passed unanimously. 0805 C) Mill Creek Pump Station Update -- Public Works Director Tiwari sated that the repairs have been made at no cost to the City since the original repairs were not done properly by the contractor. 0837 D) Proposed Vacation of Nekia Street -- The memo from Public Works recommended that the Transportation Task Force analyze the traffic flow issue in this area and reflect it's recommendation in the overall transportation plan to be submitted to the Council. Councilor Pugh stated that he preferred Mayor Kirksey's suggestion of allowing a cul-de-sac rather than the staff's recommendation. He stated that the property has an odd shape and currently the City does not take care of the property. Neighbors and/or adjacent property owners have had to mow the area, keep the weeds down, and the litter picked up and they would prefer the vacation or cul-de- sac concept. He strongly urged the cul-de-sac or vacation Page 4 - Council Meeting Minutes, March 13, 1995 3A COUNCIL MEETING MINUTES March 13, 1995 TAPE READING options in order to preserve the neighborhood from increased traffic if and when a major development takes place to the east of the existing residential area. Mayor Kirksey stated that the residents do not want Woodland Avenue to become a network for traffic in that area and that is why she advocates a cul-de-sac. PUGH/SIFUENTEZ... direct staff to come back with a plan for cul-de-sacing Nekia St right-of-way. During a discussion period on this subject, Councilors Jennings and Figley expressed their opinions that options should remain open at this time and agreed with staff's recommendation to have the Transportation Task Force review the issue. On the other hand, Councilor Pugh and Mayor Kirksey continued to advocate the cul-de-sac issue to protect the neighborhood and instill a sense of security to the neighborhood that Woodland Avenue would not become a thoroughfare. On roll call vote, the motion was tied 3-3 with Councilors Jennings, Hagenauer, & Figley voting nay. Mayor Kirksey voted aye to break the tie and pass the motion. E) Building Activity report for the month of February 1995. F) Ballot Issues on the March 28th Mail-In ballot -- The public was reminded that city Hall was designated as a "drop- site" for ballots. The boxes will be located in the City Hall main lobby between March 14th and March 28th. Issues on this ballot include 1) director positions for the Fire District, School Board, Chemeketa, Marion ESD, and 2) 10-year serial levy for the Fire District. G) Annexation of Unincorporated Areas of Woodburn -- A memo from the Planning Commission advised the Council that they have been discussing the annexation of 15 potential sites that are considered as "islands" of unincorporated land. The Commission will make a recommendation to the Council once the study has been completed. councilor Jennings stated that he was pleased with the Planning Commission's work on this issue even though this will be a highly debatable issue. JENNINGS/PUGH .... support in concept what the Planning Commission is doing regarding annexation of unincorporated areas. The motion passed unanimously. 1187 Councilor Jennings stated that he has been working with Bruce Thomas and WCAT regarding the upgrading of the sound system in the Council Chambers. One option is to build a cabinet at the rear of the Chambers to house sound equipment which would be hard wired. Additionally, lapel mikes would be used to send a Page 5 - Council Meeting Minutes, March 13, 1995 TAPE READING 1400 COUNCIL MEETING MINUTES March 13, 1995 3A quality signal over the access channel. WCAT is willing to financially help the City to improve the sound system. Administrator Childs stated that he has also talked to Mr. Thomas on this issue, however, an agreed solution has not been reached as to how to improve the system. He informed the Council that some funds for this purpose have been included in the proposed 1995-96 budget which will be considered by the Budget Committee. Councilor Sifuentez wanted to re-assure the community that the Police Department and the city is doing the best they can with the gang situation that happened a couple of weeks ago. She encouraged citizens to contact the Police Chief if they have any concerns or if they have any ideas to make this a community a good place for all people. Councilor Figley questioned the status of the Settlemier Avenue resurfacing since the Country Club Road realignment paving has already been completed. Public Works Director Tiwari stated that there is a difference between asphalting directly onto gravel versus existing pavement. Resurfacing over existing asphalt requires warm and dry conditions. It is anticipated that the resurfacing project will be completed by mid-April. Councilor Figley reminded the public that the budget hearings begin tomorrow and public participation is encouraged since the annual budget impacts all of the city's residents. Mayor Kirksey stated that she had received several calls from Senior Estates residents complementing the staff on the Country Club realignment project. Administrator Childs commended the Council on the goals they have recently adopted of which they have already acted on the Human Rights Commission and the board/committee/commission application form. Me, along with Chief Wright, had attended a meeting put on by the Chamber to explore the idea of a Community Leadership type program and he was impressed with the interest shown by participants. This program is patterned after an on-going program in Salem. Lastly, he encouraged citizen participation in the budget process. The first budget meeting will be videotaped but not all sessions will be taped since taping is done by volunteers who dedicate themselves to not only taping city issues but other programs that are of interest to members of the community. Page 6 - Council Meeting Minutes, March 13, 1995 3A TAPE READING 1510 1525 1627 COUNCIL MEETING MINUTES March 13, 1995 Mayor Kirksey reminded the Council that the Mayor's Prayer Breakfast will be held tomorrow morning, 6:45 am, at the United Methodist Church. Councilor Jennings suggested that a workshop be held to standardize a set of policies and procedures that would be applicable to all boards, commissions, and committee members. Following a discussion on this issue, it was decided that Councilors Chadwick, Jennings and Hagenauer would meet with the Mayor on Wednesday, March 22nd, 11:00 a.m., at City Hall. Administrator Childs requested that City Recorder Tennant assist the group in this project. ADJOURNMENT. JENNINGS/FIGLEY... meeting be adjourned. unanimously. The meeting adjourned at 7:55 p.m.. The motion passed APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 7 - Council Meeting Minutes, March 13, 1995 3B MINUTES WOODBURN PLANNING COMMISSION MARCH 9, 1995 1! 2) 3) 4) ROLL CALL: Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mrs. Warzynski Present Mrs. Bjelland Absent Mrs. Schultz Present Mrs. Henkes Present Mrs. Davis Absent Mr. Kosikowski Absent Mr. Atkinson Present Mr. Finch Absent Mr. Salyer Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The minutes of February 23, 1995 were accepted with the following corrections: Page 7 where Chairperson Warzynski called for a roll call vote. She asked what was the motion and who made the motion. Tapell #0720 Chairperson Warzynski stated "1 feel that a vote should be taken among the Commissioners here and it will be a roll call vote and we will vote on the decision.., that we approve a cedar fence." Staff stated that if the motion failed then it would go to a cyclone fence. Chairperson Warzynski called for a roll call vote. She stated that they were voting at this time for a cedar fence. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: Commissioners Schultz and Atkinson thanked staff for the opportunity to attend the Planning Commission workshop, PCIV~PCM3-9.95 SG:bw 3B 5) 6) REPORTS: A. Site Plan Review 95-02 Fir Grove Motel Alteration Staff stated that administrative approval was given to the applicant for his proposal to alter the motel. Staff stated that since these units all have kitchens they would be considered apartments not as motel units. Staff brought the request, according to Chapter One of the Zoning Ordinance, before the Commission for their acknowledgement. B. Woodburn Transportation Technical Memorandums #1 and #2 Staff gave a history of the Transportation Plan. He asked the Commission if they had any questions or concerns regarding these memorandums. Commissioner Schultz asked staff if they saw why she was so concerned with the savings & loan going in on Cascade Drive and about the driveway being so close to the pedestrian crossing and bus stop. And why she was concerned if Cascade Drive had room for traffic to back up onto it waiting to enter Hwy 214. Staff answered yes. Commissioner Atkinson asked staff if the south bypass would abut into Ben Brown Lane. Staff answered that Ben Brown Lane would only be a residential street. Staff had further discussion regarding the south bypass, the amount of industrial property by I-5 available, east/west roads, and access points onto streets. Commissioner Schultz commented on the traffic on West Hayes Street. She stated that she felt that the traffic was not nearly as bad as people had led her to believe. She also asked why the state did not license golf carts. Staff stated that would have to go through the legislature for approval. There was some discussion regarding sidewalks in the Senior Estates, along Hayes Street by Nellie Muir school, and an overpass for children walking to the high school down Front Street. ADJOURNMENT: There being no further business the Planning Commission meeting adjourned. PCN~PCM3-9.95 SG:bw 2 4C FREE INFORMATION FAIR Senior Citizen Health Care and Crime Prevention Wednesday, April 5, 1995 10:00 a.m. - 2:00 p.m. Woodburn Grange Hall 10 a.m. 11 a.m. I p.m. 1:30 p.m. Jan C. Margosian, Oregon Department of Justice "Fraud, Don ~t Be A Victim" Seniors and Health - Silverton Hospital Disaster Preparedness - Red Cross 55 Alive Information Tables Silverton Hospital Woodbum Ambulance Woodbum Medical Clinic AARP 55 Alive Woodbum Senior Services Oregon Department of Justice Woodbum Medical Specialists Marion County Sheriff's Office Woodbum Police Department American Red Cross Coffee and refreshments provided by Roth's IGA Sponsored by Woodburn Area SALT, Woodbum Police Department Marion County Sheriff's Off-me, Silverton Hospital IOA MEMO TO: FROM : D~TE : ~UBJECT: MAYOR AND COUNCIL Mary Tennant City Recorder March 23, 1995 Council Bill 1612 At the March 13th Council meeting, Council Bill 1612 was introduced, read twice by title only, and voted on by the Council. The vote was 5-1 with Councilor Pugh voting nay. The City Charter outlines the provisions in which an ordinance can take legal effect. Since there was not an unanimous vote of the Council on the first date of reading, the bill must have another reading and voted upon by the Council. IOA COUNCIL BILL NO. /G/~ 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 based 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. Exhibit "A" Page 1 of 13 RECOMMF~NDATION OF THE WOODBURN PLANNING COMMISSION Zone Change Case No. 94--02 and Site Plan Review 94-14 APPLICANT: Robert Miles lvfiles Chevrolet 280 S. Pacific Why. Woodbum, OR 97071 NATURE OF ~ APPLICATION: This application is for a change in zone on the subject property from Commercial Office (CO) to Commercial Retail, and for approval of a gte plan to construct an auto dealership. The site plan includes construction of an office/sales building, parking and loading areas and landscaping. ltISTORY OF ~ APPLICATION: A duly completed application was received in the City Planning Department in May, 1994. Staff analyzed the proposal and _rec~_ -_ived comments and information from other agencies, and based upon that revi.'ew and analysis, recommended that the application be approved. A public hearing before the Woodbum Planning Commission was duly held on July 14, 1994. Based on the information available at that time, the Planning Commission recommended denial of the application. An appeal was duly filed with the Woodburn City Council, and the matter was referred for Council consideration. The 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 consultants hired by the applicant. Based on the existence of new information received at the public hearing, the City Council remanded the application back to the Planning Commission for its consideration of the new information. The application was placed before the Plrm-ing Commission, who held a third public heating on the request on November I0, 1994. During that public hearing, additional evidence, information and teztimony was received regarding this application. At the conclusion of the public heating, the Wcodbum Planning Commission voted to recommend APPROVAL to the City Council the application with specific conditions. 10A Exhibit "A" Page 2 of 13 APPLICAN'I~ 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 Woodburn Comprehensive Plan is much more static and less subject to change than the zoning map district contained within each comprehensive plan designation. Thc 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 planning process is continuous. There is no plan which can foresee all of the problems which the future will bring." Page 93, Section XIN. It was suggested that this zone change wouM have the effect of opening the door for Highway 219 to become inundated with other dealerships, mnld~g it look ilke 82nd Street in Portland. The applicant stated it is almost impossible for this to happen because of the lack of available lands, and the strict land use process needed to change the Comprehensive Plan. There are two factors at work here: the location of the UGB; and the lack of other lands with the commercial plan designation. Auto sales is considered to be strictly urban 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 Woodburn 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 designation 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 u 'tdize landscaping, berms and security patrois 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 Ill-e_ with a fence around the perimeter of the property, the applicant has agreed to a condition of appwval to the site plan that prohibits perimeter fencing. In addition, the time at which the traffic is generated is important in an analysis of this type. An auto dealership spreads ils 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. Thc 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 traffic during those peak hours. An automobile dealership does just that, while an office park does not. 10A Page 2 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) 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: 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 franchise to allow for a business life cycle of more than 20 years. f. The site shall be flat or nearly so and in a square or rectangular shape to accommodate vehicle display, visibility and on-site traffic management and building design. . g. The site shall not be adjacent to other automobile dealerships. The site shall have public services and utilities. City services are more advantageous because utilities, police and fire services are more readily available. i. The site shall be free of hazardous materials. The land shall be purchased not leased. Land purchase provides for long term investment verses the long term expense of a lease. The site shah allow for long term diversification and growth as market demands change. 1. There shall be no easements that adversely affect the site. 10A Page $ - Recommendation of Woodburn Planning Commission (Mile~ Chevrolet) 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) 5) 69 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, otherwise the parcel is flat 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 R.V. park. The Arney Road extension traverses across the northern portion of the subject property. This extension is intended to connect Amey Road with Woodland Drive. The subject property hys in a transition area between a single family residential area to the northwest and the commercial areas to the northeast, east and to the south. The subject property is vacant. There is a motel, gas station, convenience store, R.V. 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 pwpeny. The subject property is proposed to be developed for the applicant's auto dealerships. The plan cslls for construction of an office/sales/~ce building to be constructed on the subject property. The remainder of the site will be landscaped and will provide paved area for access, parking, display, loading and service of vehicles. No access is pl'oposed or will be atlowed 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 auxiliary 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 - Recommendation of Woodburn Planning Commi~ion (Miles Chevrolet) s) 9) 10) 11) Exhibit "A" Page 5 of 13 All landscaped areas will be irrigated and will contain a mixture of trees, shrubs and flowers. A site obscuring berm will be constructed the full length of the eastern boundary of the property 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 west. The applicant has established a test drive route for sales, customers and sexvice personnel to use in conjunction with the auto dealership. That route will eliminate and prohibit any drives through the adjacent residential areas and shall be confined to utilization of Highway 219, the freeway and Butteville Road. The applicant shall place this restriction against drive throughs in the residential areas in their personnel manual, and shall post the non-residential test drive route in All applicable setback distances are met by this application. Off street parking requirements of the zone code require that a minimum of 35 spaces are provided, and the site plan shows many more than that. Two loading spaces which are a minimum 12 feet wide and 30 feet long are required by the zoning ordinance 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 storm water run-off. The parking areas wili be curbed 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 signs. The subject property will be lighted and all such lighting will be deflected away from residential areas and road right-of-ways. No loudspeaker paging system will be used on the site. Thc subject property is served with all 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. The property will not be fenced. A security company will be hired to make periodic inspections of the property during non-business hours. IOA Page 5 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) Exhibit "A" Page 6 of 13 CONCLUSION: 1) The applicants site plan proposal is in conformance with all local implementing 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. COMPI~NSIVE PLAN CRITERIA CHAPTER Xm REVIEW, REVISION AND UPDATE PG 93 The planning process is continuous. There is not plan which can foresee all of the problems which the furore will bring. In most cases for decision the Planning Commi~ion and Council will be petitioned by private citizens to change the Land Use Plan designation of a parti~ parcel of property. Z'nis is a quasi-judicial activity and should follow the procedures set out for quasi-judicial rulings. However, the Plgnnln_o Commission should in, ire that whatever changes it m~kes in the Land Use Plan, they are consistent with other goals and policies established in the Plan. These changes, in general, should be justified by a solid body of evidence presented by the petitioner showing the following: 2. 3. 4. 5. 6. compliance with the goals and policies of the Comprehensive Pl~n~ compliance with the various dements of the Comprehensive Plan; compliance with state-wide goals and guidelines; that there is a public need for the change; that this land best suits that public need; and that the land ~nnot be suitably used as it is presently designated. 10A 1. Compliance with the goals and policies of the Comprehensive Plan; and 2. Compliance with the various elements of the Comprehensive Plan Page 6- Re~nunendation of Woodburn Planning Commission (Mile~ Chevrolet) Exhibit "A" Page 7 of 13 Commercial 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 surroundln2 market area. The City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/211/99E four comers intersection area. No new areas should be established. B-2 Commerc_l~! office and other low traffic generating ¢ommerci~! reteJ] uses can be located on collectors or in close proximity to residenfio! areas ff care in architecture and site planning is exercised. The City should insure by proper regulations that any commerc3~! uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDINGS: 1). The Comprehensive 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 commercial retail (CR) which allows an automotive dealership as an optional business pursuant to section 29.030 (b) (2) of the Woodbum 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 with a 'large" hedge to provide buffering between this use and the residential areas as required by the commercial plan policy. CONCLUSIONS: 1). Thc Comprehensive Plan Map allows for various commercial districts. Auto sales is a permitted use in the commercial retail (CR) zone. IOA Page 7- Recommendation of Woodburn Planning Commi. vsion (Miles Chevrolet) Exhibit "A" Page 8 of 13 RFeSIDE~ LAND DEVELOPMENT POLICIES CHAPTER IX PG 43 Industrial and commercial uses which locate adjacent to residentini areas should buffer their use by screening and design control, and should be controlled with sufficient setbacks so as their location will not adversely affect the residential areas. FINDINGS: 1). Residential uses to the west and south of the proposed site axe separated by Woodland and Amey Roads. The site plan (SPR94-14) requires that a berm be constructed adjacent to Woodland with landscaping and large trees. In addition that property north of Amey Road will be left in natural vegetation with old growth trees. 3) The applicant produced an appraisal analysis of this area from a certified appraiser. The appraisal report indicates that there is no market indication that the change in zone or the establishment of an automobile dealership on the subject 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. 10A It was deta'mined no adverse environmental impacts or effect on adjacent property values will be realized. Page 8 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) Exhibit "A" Page 9 of 13 TRANSPORTATION GOALS AND POLICIF~ CHAF1W_,R IX PG 51 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. 1-14 To insure that state and federal highways with routes through the City nre improved in accordance with projected traffic vol,,mes nnd the elements contained within this plan. FINDINGS: 1). The city and the Oregon Department of Transportation have identified the extension of Amey Road to Woodland Ave. as being a requirement of site plan review approval. The purpose of the Arncy Road extension is to accommodate future traffic flows in this area. 3). The Amey Road extension has been planned and designated by the Oregon Department of Transportation and will be constructed at its current location regardless 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 the applicant's traffic engineer, the total daily traffic after construction will be only 200 for the subject property. It is anticipated that thc dealership will grow and expand over the years into the future up to a maximum ufili~tion of approximately 400 traffic trips per day at maximum use. Conservatively, thc traffic engineer estimates that if thc property were developed to office space, it could generate approximately 995 traffic trips per day. 10A Page 9 - Recommendation of Woodburn Planning Commission (Miler Chevrolet) Exhibit "A" Pagel0of 13 5). The tim~ 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 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 traffic 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 mused by utilization of the property for an office park, or almost 30% of the total traffic 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) 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 generation 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 ODOT 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 10A FINDING: 1). By meeting the goals and policies of the City's Comprehensive Plan, the City complies with the state wide goals and guidelines. ~The trip generation manual places the ADT for an automobile dealership at 700. However, that figure is based on a nationwide estimate that was found by the traffic engineer to be inapplicable here. Page 10 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) THAT TltERE IS A PUBLIC NEED FOR THE CHANGE THAT THIS LAND BEST SUITS THAT NEED FINDINGS: Exhibit "A" Page11 of 13 10A 1). There is a public need for this rezoning. Need is judged by virtue of land use inventories available within the zoning and comprehensive plan and districts of the City. If there is a use to which there are no suitable parcels available in the 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 s/ting 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 Commercial Office zone at the intersection of Pacific Highway and Molalla Road. This parcel also abuts an RS zone. The propezty 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. 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 developed with a church facility. This is unsuitable for the type of commercial access that a car dealership requires. Parcel g5, owned by Beverly J. Brack was 4.53 acres fronting Pacific Highway and in a CR zone. The property is too small, considering that the frontage is already developed. Page I1 - Recommendation of Woodburn Planning Commirrion (Miles Chevrolet) Exhibit "A" Page 12of 13 f. Parcel //6 in a Commercial General zone on Mt. Hood Avenue is developed along the frontage to 300 feet back from the street curb. The remaining four acres at the rear has no visibility and is too small for an auto dealership. Parcel/fT, located at Interstate 5 in a Commercial General Zone, the property lies outside thc City limits of Woodbum. It was and is not available for sale. Thc property is being developed by Capital Development Corporation, land banked for future Capital projects. At present time, this property has insufficient access to meet public demand, or service thc needs of an auto dealership. The subject property is the only parcel suited to fulfill this need. As indicated in the applicants report, the applicant ufiliTed industry-wide siting criteria and applied that on a parcel by parcel basis within the City of Woodburn. The subject property was the only one which met all of the siting criteria. Thc removal of the subject property from the CO zone will not have any detrimental effect on the overall availability 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 use in the CR zone. Therefore, all of the seven vacant CR zones parcels which are not suitable for auto dealership use are, or could be, available for office space construction. Three parcels east of the 99E/211 intersection were not analyzed as to its potential viability. This property lies outside the City limits but within the UGB. CONCLUSION: 1). Land availability for this type of land use in severely limited. THAT TItF. LAND CANNOT BE SUITABLY USED AS IT IS PRESENTLY DESIGNATED FINDINGS: 10A 1). The subject property is not suitable for use as a commercial office complex because of thc size of thc parccl and its location. Thc CO zone has been applied to the p~ for at least the last 15 years. If it were viable for office use, given the dramatic growth of the City of Woodbum during the Last 15 years, the subject property would have been developed for that use. It was not, and that is the best indicator of its lack of suitability. Page 12 - Recommendation of Woodburn Planning Commiavlon (Mile~ Chevrolet) Exhibit "A" Page13of13 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 th. at must be charged through office leases, developers are forced to develop the property to its highest density allowed by the code. For an office use, 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 property is well suited for an auto dealership for just the opposite reason. The size is an absolute requirement and the isolation is desirable. The demand for CO zoned prow. z~ is not sufficient to make 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 sufficient to meet the future demand. CONCLUSION: 1). The site best meets the need for an auto dealership. VI RECOMMF~NDATION OF THE PLANNING COMMISSION: After careful review of the record in this case, the Planning Commission recommends that the application to rezone the Miles property from CO to CR be APPROVl~, and that the site plan for construction of an auto dealership thereon be APPROVED. 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 allowed. 10A Page 13 - Reoommendation of Woodburn Planning Comrn~sion (Mile~ OtevroleO Wallace W. Lien. P.C. Exhibit "B" Page I of 6 10A MILES CHEVROLET - CONDITIONS OF APPROVAl. As Requested by CiO; Council CONDITIONS RFI,ATING TO STREETS/TRAFFIC: The width and location of the driveway onto Amev Road must be approved bv ODOT. 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 utilit3.' easement shall be conveyed to the public adjacent to the 5 foot dedication required herein. 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 right-of-way to the public across the entire northern section of the subject properly, from Amey Road to Woodland Avenue. The exact location of this right-of-way 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 (Arney Road ex-tension) as follows: ao Complete the design of the intersection with Woodland Ave, and construct it to ciD' standards. bo Construct this new street for a distance not to exceed 125' east from the Woodland Avenue intersection. This portion of the street shall be full pavement width from curb to curb. with gutters and sidewalks on the south side only, and shall be constntcted to ci.ty standards. It is intended that this street shall be provided for access (by driveway) to the northern portion of thc 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 Februa~. 27, 1995 W~llace W. Lien. P.C. Exhibit "B" Page 2 of 6 10A formula of which shall be determined by mutual agreement between the ci~ 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 lands to the north of the subject propert3'. 6. The southerly access onto Woodland should be aligned with Myrtle Street. 7. No on-street parking shall be allowed, and "No Parking" signs should be posted. Install a securiW chain across driveway onto Woodland Drive and the new north road. 9. Install a stop sign at the driveway on.to Arnev Road. 10. Construct a half street improvement on Amev Road along the frontage of the subject property. ao Engineered drawings shall be submitted to, and approved by ODOT showing: Drainage from Hillsboro-Sih..'erton Hw?. 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. The location, width and turning radius of the driveway onto Amey Road. 11. 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. bo 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 of February 27, 1995 Wallace W. Lien, P.C. Exhibit "B" Page 3 of 6 samples of roadbed deternfine that such an overlay is necessa .ry for load carr3,ing capacit3., of the street. 13. At such time as time conditions xxarrant, the driveway from the subject property onto Woodland Avenue at Myrtle shall be restricted to fight turn exit only. The ci.ty 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 undoubtedly warrant this restriction. CONDITIONS RELATING TO WATER: Must have a minimum of 3 fire hydrants on the site. at locations to be determined by the Woodburn Fire Department. Back-flow prevention devices mav be required depending on water usage, such as irrigation system or fire sprinkler system. 3. Water meters shall be located within the public fight-of-way or utility easement. 4. Outside address must be visible fi'om the entrance of Am%' Road. As indicated in the plan, the water line for fire protection will be looped, depending on hvdrant locations. The water main should be looped to Woodland through the north portion of the properts.,. 6. Must have a minimum of 3,250 gallons per minute at the site. 10A CONDITIONS RELATING TO DRAINAGE: 1. 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. 3. 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 Febru. ary 27, 1995 Wallace W. Lien, P.C. Exhibit "B" Page 4 of 6 IOA 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 lift 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 County. 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 (SI)C). 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 amount of 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 parking, 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 Woodbum, is responsible for obtaining permits from Page 4 - Conditions of Approval- As of February 27, 1995 Exhibit "B" Page 5 of 6 10A o any 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 ~4sion clearance. Landscaping along Woodland Avenue shall include a bem~ and low growing shrubs, with trees or hedge tS.~'pe plants planted along the top of the bernl. On-site construction shall not commence until the improvement plans have been approved and all right of way permits and system development charges have been paid. Ho SPECIAL OPERATING CONDITIONS: The zone change approved herein shall allow only vehicle and vehicular related .type sales and servioe. No oth~ retail .type uses shall be allowed without fa-st obtaining approval thereof through the zone change prooess. 2. No fence shall be crewed around the perimeter of the subject propert3,. 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 service 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 xx4th the Arney Road extension at the northwest comer of the subject propert3'. Only one drivewav shall be allowed directly 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 eas~ towards Arney Road, or to the south, towards Highway 219, or both. The building shall be located close enough to the west propet~.~ 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 I0. Exhibit "B" Page 6 of 6 The building shall not have east,'west service 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 security. The building shall be only one stors..'. 10A Page 6 - Conditions of Approval - As of Februarl. : 2 7, 1995 lOB MEMORANDUM March 22, 1995 To: From: SUBJECT: City Council through the City Administrator Communications Director Marianne Wolf AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE KEIZER RURAL FIRE PROTECTION DISTRICT. Recommendation: Approve the attached Council Bill authorizing an agreement for the communications center to begin data entry and equipment installation, in preparation of providing dispatch services to the Keizer Rural Fire Protection District. Background: On January 23, 1995, the City Council approved a resolution authorizing an intergovernmental agreement to create and establish North Marion County Communications {NORCOM) as an independent agency under ORS 190.010. The Keizer Rural Fire Protection District intends to sign this agreement and participate as a user of NORCOM. In preparation for beginning dispatch services, the communications center needs to input geographic and department response data; negotiate call handling policy and procedures with the Salem 911 center; and acquire and install additional radio equipment. At the March 21, 1995, Keizer Fire District Board of Director's meeting, the board members agreed to enter into an agreement to pay all costs incurred by the City of Woodburn's communications center to facilitate and enable future dispatch services by NORCOM. The User Board for the communications center has also given their approval for this agreement. MARIANNE W. WOLF - DqRECTO~ NORTH MARION COUNTY M~C~ATIONS CITY OF WOODBURN CENTER lOB COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION AUTHORIZING AN AGREEMENT WITH KEIZER RURAL FIRE PROTECTION DISTRICT. WHEREAS, City now operates North Marion County Communications (NORCOM); and WHEREAS, City has signed an intergovernmental agreement, together with other governmental entities, to create and establish an agency to assume the operation of NORCOM; and WHEREAS, District intends to sign said intergovernmental agreement and participate as a user of NORCOM; and WHEREAS, it is necessary that City make certain preparations and incur certain expenses in order to accommodate District's membership in NORCOM, WHEREAS, an Agreement with Keizer Rural Fire Protection District will memorialize the terms, conditions and performances to accomplish said accommodation; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the City of Woodburn enter into an Agreement with Keizer Rural Fire Protection District. A copy of said Agreement is attached hereto as Exhibit Section 2. That the Mayor and City Recorder are authorized to s!gn said Agreement °n behalf'~°f the City"~a~/~ I / Approved as to forn~: ~' ) '~"~/~ ~ ~-' 3 ~ ~' City Attorney Date APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of tho Recorder A'I-rEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. Exhibit Page ! of 2 AGREEMENT THIS AGREEMENT, made and entered into, by and between the City of Woodburn, Oregon, an Oregon municipal corporation, (hereinafter referred to as City) and Keizer Rural Fire Protection District (hereinafter referred to as District). WHEREAS, (NORCOM); and City now operates North Marion County Communications WHEREAS, City has signed an intergovernmental agreement, together with other governmental entities, to create and establish an agency to assume the operation of NORCOM; and WHEREAS, District intends to sign said intergovernmental agreement and participate as a user of NORCOM; and WHEREAS, it is necessary that City make certain preparations and incur certain expenses in order to accommodate District's membership in NORCOM, NOW, THEREFORE, In consideration of the terms, conditions, covenants and performances contained herein, the parties agree as follows: DISTRICT OBLIGATIONS: District shall pay to City the sum of $3,000.00 for a personal computer work station and monitor. District shall pay to City the sum of $1,000.00 for radio console modifications and related expenses. 3. District shall pay to City the sum of $6,000.00 for data entry expenses. District shall pay to City the sum of $1,562.00 as reimbursement for the Director's time. District shall pay to City the necessary funds to install a MSF5000 base station on the Eagle Crest site. This amount is estimated to be $8,000.00, but District agrees to pay for the actual cost of this installation, even if it exceeds this estimate. District agrees to pay City all of the sums specified in Sections I through 4 above upon execution of this Agreement, District agrees to pay City the lOB Page I - Agreement Exhibit "A" Page 2 of 2 necessary amount for installation installation of the base station. CITY OBLIGATIONS: 1. of the MSF5000 base station upon City agrees to proceed with such accommodations that are necessary to facilitate and enable District's membership in NORCOM. City agrees to keep District reasonably informed as to the status of said accommodations. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the date hereinafter written. CITY OF WOODBURN By: Nancy A. Kirksey, Mayor Date: KEIZER RURAL FIRE PROTECTION DISTRICT By: Date: lOB By: Date: Mary Tennant, City Recorder Page 2 - Agreement 10C MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator Transfer of Pro_r)erty_ to Woodburn Fire District DATE: March 23, 1995 RECOMMENDATION: certain real and personal Annexation Agreement. Approve accompanying Council Bill/Resolution transferring property to the Woodburn Fire District pursuant to 1984 BACKGROUND: In 1984, the Woodburn Fire District annexed the incorporated area of the City for the purpose of providing fire suppression, fire prevention and emergency medical services. As part of this voter-approved annexation, the City signed an Annexation Agreement with the District. This agreement provides that the two City fire stations and two firefighting vehicles be lease-purchased by the District from the City to pay off the City's 1975 General Obligation Fire Bonds. Upon receipt of the last lease payment from the District, the Agreement further states that the City shall transfer title to this property to the District. The final payment to the City was made by the District on September 15, 1994. The City's last payment date on the General Obligation Bonds is April 1,199§. It is reasonable and appropriate to transfer the above-described property at this time. 10C COUNCIL BILL NO. !~//o RESOLUTION NO. A RESOLUTION TRANSFERRING CERTAIN REAL AND PERSONAL PROPERTY TO THE WOODBURN FIRE PROTECTION DISTRICT #6. WHEREAS, in 1984, the City entered into an Annexation Agreement with the Woodburn Fire Protection District #6, and WHEREAS, said Annexation Agreement provided that the District would lease- purchase from the City certain items of real and personal property and that the City would transfer these items to the District upon receipt of the last bond payment, and WHEREAS, these items of property are (1) the Headquarters Station building and land, (2) the Fire Station No. 1 building and land, (3) the 1976 Mack Aerialscope, Serial No. 1124, and (4) the 1976 Western States 1250 GPM Pumper, Serial No. 761, and WHEREAS, the last bond payment on these items has now been received by the City, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City deeds to the Woodburn Fire Protection District #6 the following real property: (A) Headquarters Fire Station building and land. (B) Fire Station No. I building and land. Section 2. The City transfers to the Woodburn Fire Protection District #6 the following items of personal property: (A) 1976 Mack Aerialscope, Serial No. 1124. (B) 1976 Western States 1250 GPM Pumper, Serial No. 761. Section 3. The Mayor and City Recorder are authorized to execute, on behalf of the City, the form of Deeds attached hereto as Exhibit "A" and Exhibit "B" which are by this reference, incorporated herein. Page 1 - COUNCIL BILL NO. RESOLUTION NO. Section 4. The Mayor and City Recorder are authorized to execute, on behalf of the City, a Bill of Sale, in the form attached hereto as Exhibit "C" which is by this reference, incorporated herein. 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 lOC Page 2 - COUNCIL BILL NO. RESOLUTION NO. Send tax statements to, and after recordation return to: WOODBURN FIRE DISTRICT 1776 Newberg Highway Woodbum, OR 97071 Exhibit "A" 10C Page 1 of 1 WARRANTY DEED The City of Woodbum, Grantor, conveys and warrants to Woodbum Fire District, Grantee, the Woodbum Fire Station No. 1 building, together with that real property described as follows: A portion of lot one, Block Three, MAUNA KAE PARK ADDITION to the City of Woodbum, Marion County, Oregon, more particularly described as follows: Beginning at the Northeast comer of said lot; thence Westerly along the Northerly line thereof a distance of 170 feet to the point of beginning; thence Westerly along the Northerly line thereof to the Northwest comer of said lot a distance of 130 feet, more or less; thence South 30° 12" West along the Westerly line of said lot 294.01 feet to the Southwest comer thereof; thence Easterly tracing the Southerly line of said lot a distance of 150 feet to a point; thence Northerly to the point of beginning. The property is free from all liens and encumbrances, except those placed upon the property or suffered by the District after February 14, 1984 to the date of this agreement, and easements, reservations and restrictions of record for Marion County, Oregon. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGIfl.,ATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The tree consideration for this conveyance is other than cash. DATED this ~ day of ,1995. ATTEST: Nancy Kirksey, Mayor Mary Tennant, City Recorder STATE OF OREGON, County of Marion ) ss. This instrument was acknowledged before me on the ~ day of ,1995, by Nancy Kirksey, as Mayor of the City of Woodbum, and by Mary Tennant, as City Recorder of the City of Woodbum. Notary Public for Oregon Send tax statements to, and after recordation return to: WOODBURN FIRE DISTRICT 1776 Newberg Highway Woodburn, OR 97071 Exhibit "B" '~ OC Page I of I WARRANTY DEED The City of Woodbum, Grantor, conveys and warrants to Woodbum Fire District, Grantee, the Woodburn Headquarters Fire Station building, together with that real property described as follows: Lot 32 and the West half of Lot 25 of Hall's Home Tracts, Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, according to the recorded plat thereof, also Lot 33 and the East half of Lot 40 of Hall's Home Tracts, Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, according to the recorded plat thereof. SAVE AND EXCEPT the northerly 15 feet thereof which has been deeded to the State of Oregon. The property is free from all liens and encumbrance, except those placed upon the property or suffered by the District after February 14, 1984 to the date of this agreement, and easements, reservations and restrictions of record for Marion County, Oregon. THIS INSTRUMlZ~ WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is other than cash. DATED this ~ day of ,1995. ATTEST: Nancy Kirksey, Mayor Mary Tennant, City Recorder STATE OF OREGON, County of Marion ) ss. This instrument was acknowledged before me on the ~ day of ,1995, by Nancy Kirksey, as Mayor of the City of Woodbum, and by Mary Tennant, as City Recorder of the City of Woodbum. Notary Public for Oregon Exhibit Page 1 of 10C BILL OF SALE Pursuant to the terms of an Annexation Agreement entered into between the CITY OF WOODBURN and the WOODBURN RURAL FIRE PROTECTION DISTRICT//6 and dated February 13, 1984, the CITY OF WOODBURN transfers and delivers to WOODBURN FIRE PROTECTION DISTRICT #6 all of the CITY OF WOODBURN'S right, title and interest in the following items: (1) 1976 Mack Aerialscope, Serial No. 1124. (2) 1976 Western States 1250 GPM Pumper, Serial No. 761. 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 the WOODBURN FIRE PROTECTION DISTRICT #6 free from any security interest or lien or encumbrance. Dated this day of ,1995. CITY OF WOODBURN an Oregon municipal corporation By: Nancy A. Kirksey, Mayor ATTEST: Mary Tennant, City Recorder Page 1 - BILL OF SALE IOD City of Woodburn Police Department MEMORANDUM 270 Montgomery/~ Ken Wright(/'~/.,d / Chief of Poli~ Date: March 14, 1995 Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Sound Amplification / Street Closure for Cinco De Mayo The Police Department has received a request from Centro Cultural for sound amplification, parking lot and Street closure on Friday, Saturday and Sunday May 5, 6 & 7, 1995. The request entails the closure of the Downtown parking and streets as mentioned in the attached letter all three days. Centro Cultural is also asking for permission to use sound amplification equipment for the hours listed in the attached letter. The promoters, Centro Cultural, have hosted Cinco De Mayo for the past three years without incident. The police department will be requesting assistance from all surrounding police agencies and will be assigning additional patrols for this occasion. RECOMMENDATION: Authorize Centro Cultural to close the City Downtown Parking-Lot and streets and to allow the use of sound amplification equipment during the hours of 12 p.m. - 10:00 p.m. Friday, 12:00 p.m. - 8:00 p.m. Saturday and 12 p.m. - 7 p.m. on Sunday. cc. patrol commander B:CllqCO-95. IOD To: From: Woodburn City Council 270 Montgomery St. Woodburn, Oregon Raul Ramirez President IAR 9 1995 Date: Subject: Feb.17, 1995 CINCO DE MAYO Celebration May 5-6-7, 1995 It is with great pleasure to announce CENTRO CULTURAL's 3rd annual downtown Woodburn "CINCO DE MAYO" Celebration. The focus of the celebration is to promote the City of Woodburn as a culturally diversified community. And to bring the community together to share in our diversity. Last years event was a major success, due to the support and involvement of community volunteers, the Woodburn business community, Woodburn Police Department and the City of Woodburn. We look forward to this year's "CINCO DO MAYO" Celebration with an even greater success. We respectfully request permission from the City of Woodburn to allow us to close off the following streets: FIRST ST. from Garfield St. to Lincoln St., HAYES ST. from Front St. to Second St., GRANT ST. from Front to Second St.. The closed off streets will accommodate the festivities of our "CINCO DE MAYO" Celebration. We would also respectfully request permission to allow amplified sound on May 5 till 10:00 p.m., on May 6 till 8:00 p.m. and on May 7 till 7:00 p,m.. The celebration will consist of live music, entertainment, food booths, vendors, rides, a marathon run, and arts & crafts for the community to enjoy. If you need more information or have some question please f~el free to contact me at 588-7971 or Frances Alvarado 982-5100. I want to extend Centro Cultural's appreciation for the support you have given to us and the community. cc:Chief Ken Wright IOD 1 1995 "CINCO DE MAYO" CELEBRATION May 5-6-7, 1995 The CENTRO CULTURAL of WOODBURN is sponsoring their 3rd annual "CINCO DE MAYO" Celebration in the city of Woodburn. The goal of the celebration is to provide the whole family with act~vities, food and cultural entertainment. This celebration promotes the Woodburn Community as a culturally diversified area. The past two celebrations have been very successful, largely due to support from the business community and the City of Woodburn. The Celebration will consist of information and food booths, venders, live music, children activities, dancers, and arts and crafts for the whole community to enjoy. We welcome your participation and support. If you would like more information on how to set up a booth at our celebration, please contact any of the coordinators listed below. We will be accepting pre-registration forms to develop a priority list of participatants and venders. Contacts: Bob Cortinas Raul Ramirez Frances Alvarado Daniel Quinonez Armando Garcia Adolfo Herrera 982-1941 588-5091 982-5100 982-1941 982-9991 982-7331 x232 IOE City of Woodburn Police Department 270 Montgomery~ Ken Wright) Chief of Date: March 22, 1995 MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Liquor License (Restaurant) - New Outlet - WPD Case 95-1423 Location: Heide's Woodbum Cafe Applicant: 611 N. Pacific Hwy. Woodbum Michael D. Heide (29yrs) 2 Jefferson Parkway, E-10 Lake Oswego, Or. The police department received and have completed the application for a restaurant liquor license. The applicant, Michael Heide, is purchasing the business from his father who has operated the restaurant for several years. Applicant Heide is requesting to sell beer and wine with food sales. The department completed a personal background check of the applicant finding nothing that would prohibit applicant from receiving a OLCC license. The department completed a neighboring business survey to ascertain the general feelings. There were no objections to the issuance of the license with the restriction that beer and wine would not be served without a food order. On March 21, 1995 I met with the applicant, Mike Heide, and discussed the operation of the restaurant and the license. I provided applicant a copy of the Councils liquor renewal policy and discussed it. We discussed my concerns of a tavern atmosphere and hours of service. Mr. Heide plans no building or operational changes to the business except for the serving of beer and wine with meals. I asked Mr. Heide if he would restrict the sales of alcohol until 11 a.m. daily, attend alcohol server education classes, serve beer or wine with food orders only, post the business with appropriate Minor posting and meet with the police department as necessary to discuss problems or issues. Applicant agreed and signed a Special Conditions plan which is attached. Recommendation Recommend the OLCC approve the liquor license with Special Conditions for Heide's Woodburn Cafe. B:~leeklaeideapp.mem IOE SPECIAL CONDITIONS The following Special Conditions for the service of beer and wine are those agreed to between the City of Woodburn, Police Department, and Mr. Michael D. Heide, dba Heide's Woodburn Cafe, 611 N. Pacific Hwy., Woodburn, Oregon, 97071. 8 Attend and complete appropriate alcohol server education classes provided by the Oregon Liquor Control Commission. Serve beer or wine with food orders only. Serve no alcoholic beverages prior to 1 1 a.m. daily. Provide for appropriate Minor posting in the business, as require by OLCC, (in Spanish and English). Work with the Woodburn Police Department on the enforcement of liquor control laws and meet with the Woodburn Police Department as necessary to discuss problems or issues related to the service and sales of alcoholic beverages. M~e ' Date Owner/Operator /~ Wright, -V bate Chief of Police-- 1OF MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Public Works Director ~ Request for Membership Payment Authorization March 22, 1995 RECOMMENDATION: Authorize payment of $2,240.00 from Public Works contingency funds for Pudding River Basin Water Resources Development Association membership fee. BACKGROUND: Mount Angel, Silverton and surrounding area farmers have formed an active association to resolve their future irrigation water problems. This group is interested in constructing an earthfilled dam across Butte Creek to hold extra water during the rainy season and augment discharge during the summer months. A project of this nature is of great value to the City of Woodburn because it would provide extra flow in the' Pudding River. This added flow could, under certain circumstances, increase the wastewater discharge capacity of the city to the Pudding River. In addition, it would allow the city to study future water supply possibilities utilizing surface source. Although these are long range issues, the value should not be underestimated. The Wastewater Advisory Committee has unanimously voted to request the city council to authorize the recommended expenditure. GST:Ig CC: Scott Burlingham, Committee Chairman All Wastewater Advisory Committee Members Attachment: 1. Letter from Pudding River Basin Water Resources Develol~ment Association 2. Partial copy of minutes (3-20-95) 3. Letter from Mr. Tack and Mr. Flaugher PUORIVER.CC 1OF PUDDING RIVER BASIN WATER RESOURCES DEVELOPMENT ASSOCIATION P.0. Box 851 Mt. Angel, oregon 97362 March 8, 1995 Mr. Scott Burlingham, Chairman Wastewater Advisory Committee City of Woodburn Woodburn, Oregon 97071 Dear Scott, It was good to see you and a number of City of Woodburn employees at our annual meeting. We are glad that you are interested in our project which can have great benefits for the City of Woodburn. We are well into the second phase of our project and looking toward the next step. The current work involves geologic and seismic studies of the dam site, checking the distribution system to make sure of work that may be needed there, further defining the service area, and preliminary sizing and design of the dam structure. The next step is the environmental assessment. The funding for the current work is from contributions of in-kind assistance, grants, and member fees. The in-kind work is from the Natural Resource Conservation Service (formerly SCS), and the Bureau of Reclamation. We have received grants from Marion County Economic Development of $39,400; from Mt. Hood Economic Alliance (regional strategies program for Clackamas and Hood River counties) of $13,150; and from the city of Mt. Angel of $5,000. We are asking members for a fee of $1 per acre presently irrigated, or to be irrigated with water from the project. We want the City of Woodburn to heip us if they can. We understand that the City needs lead time for their budgeting process, and we ask to be considered i~ the next budget for funding help on our next phase. Presently, however, we would ask if there are funds in the current budget that could be used as grant money for our pre-design planning work? $2,000-3,000 would be very helpful, but if that can't be done until the next budget, please consider it then. The' $1 per acre we are asking from our membership is equal to about one acre-foot of water, or about 326,000 gallons. We understand 1OF Mr. Scott Burlingham March 8, 1995 Page 2 that the City of Woodburn is interested in securing a supplemental water supply of about 2,000,000 gallons per day, equivalent to about 6.135 acre-feet. If the City desires that water 365 days per year, the appropriate membership contribution would be about $2,240. We welcome the city of Woodburn's interest and participation. We know we cannot do this alone and the more support we can get, the easier the project will be accomplished. If we can supply further information, please contact me at (503) 873-2710. Sincerely, Dave Bielenberg, Association Board Member Copies: Frank T%wari Frank Sinclair WASTEWATER ADVISORY COMMITTEE MINUTES OF MARCH 9, 1995 Woodburn Public Library 10F. Members Present: Scott Burlingham, Chairman Preston Tack Gil Fiaugher Rich Barstad Walt Lawson Forest Mills JoAnn Bjelland G.S. (Frank) Tiwari Marv Shelby Staff: Public Information: Frank Sinclair Dean Morrison Barbara Lucas Consultants: Daria Wightman CH2M Hill Members of Public: Laundromat owners: Joe Kimmel, Smuckers Roger Mathis, Senior Estates Leroy Miller Dennis Paterson Chairman Scott Burlingham opened the Wastewater Advisory Committee meeting at 7:00 p.m. in the Woodburn Public Ubrary. Forest Mills/Gii Flaugher motioned/seconded approval of minutes of January 17, 1995. Motion passed unanimously. Letters were received from a local resident, Terry Will, who expressed concern about the rate increase on the Iow income families, and from laundromat owners, Leroy Miller and Dennis Peterson, who communicated similar concerns for their businesses. Frank T~vari explained that the city has contracted with Coffey Laboratories of Portland to conduct five samplings of wastewater: two samples will be taken of residential waste, two of commercial waste, and one of laundromat waste. No samples of industrial wastewater will be taken because the city has flow and load information for industrial discharges. Sampling analysis will not be known until April. The laundromat owners indicated that they were satisfied with the city's action. Chairman Burlingham provided copies of letters to the committee from the Pudding River Water Resources Development Association. The Waatewater Committee was brought up to date by Scott Burlingham about the Association's proposal to build a reservoir on Butte Creek. Because Woodburn could benefit by getting an additional two million cubic feet of water a day from the project, the Association hopes that Woodburn will contribute to the second.~phase of the study. Although the reservoir project might not help with the Woodburn '~ewaae projoet, tho committee agreed that the reservoir project is a good one. Preston Tack/Mary Shelby motioned and seconded recommending that the City Council send $2,240 to the Association as the City's membership in the organization. Motion passed unanimously, THE TACK RESIDENCE 2197 Camellia Way - Woodburn, OR 97071 Tel. 503-981-6712 March 20 1995 Mr. Scott Burlingham, Chairman Wastewater Advisory Committee City of Woodburn, OR 97071 Dear Scott: Please refer to the March 8, 1995 letter to you from Dave Bielenberg, board member of the Pudding River Basin Water Resources Management Association (the "Association") and our Committee's unanimous endorsement, to the City Council, of his request for financial assistance, at our March 9th meeting. Now appears to be an appropriate time for the citizens of Woodburn, through the City Council, to acknowledge awareness of the significance of the Association's efforts. Let's look at some of the planned resultsz 1. Through enhancement of Pudding River flow, eliminate the need for a wastewater treatment plant effluent holding basin or for an effluent irrigated poplar tree plantation during the river's critical, low flow, summer months. The estimated cost of the poplar tree plantation is $3,980,000 for Phase i and $975,000 for ~hase 2l, plus maintenance and operational costs. 2. The economy of a sizeable portion of the Pudding River Basin will be affected. 30,500 acres of "dry farmed" crops could be replaced by that amount of irrigated crops with the annual gross return rising from $10,012,500 to $33,875,000. Increased permanent and seasonal employment would result as well as local expenditures for equipment, fuel, fertilizer, etc. "Dry farmed" products take little local processing before leaving the area whereas irrigated crops are, to a great extent, processed locally.2 It appears that Woodburn has nothing to lose and much to gain by "buying into" the Association's efforts and by supporting them politically and financially. 1OF Sincerely yours, Preston B. lettersVO2tSIwacwdb23, ltr ~Page 7-17(Yable 7-3)Volume 1-Treatment Was~ewater Facilities Plan 1995 2Paqe 2-~rant Application and Work Proqram Description for 1994, Pudding River Basin Water Resources Development Association Gilbert E. Flaugher MEMO TO: FROM: SUBJECT: DATE: City Council through the City Administrator Superintendent, Street Division, through Public Works Director Bid Award for Combination Sewer Cleaner March 22, 1995 lOG RECOMMENDATION: The purchase contract for a new combination sewer cleaner be awarded to the Iow bidder, Vac-Con, Inc., in the amount of $150,000.00. BACKGROUND: City of Woodburn Bid Number 95-14 for a new Combination Sewer Cleaner was opened at 2:00 p.m. on March 21, 1995. Results were: Bidder Amount Vac-Con, Inc. (Ben-Ko-MatJc Brush & Equip. - Portland) $150,000.00 Schetky Northwest Sales, Inc. (Schetky NW Sales -Portland) $150,348.80 TEC Equipment (TEC Equip/White GMC - Portland) NO Bid It is recommended that the purchase contract be awarded to the Iow bidder. items will be used from the approved budget to pay for the contract: 1. Sewer line Maintenance 72-725-710.010 2. Wastewater Equip. Rep. Fund 93-930-735.006 3. Street Cleaning Fund 4. Street Equip. Repl. Fund 40-405-710.010 96-960-735.006 TOTAL The following line $50,000.00 $50,000.00 $25,000.00 $25.000.00 $150,000.00 This equipment is neces.~ary for maintaining more than 50 miles of sewer lines and catch basins within the City. SEWERCLN.BID 14A MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Woodburn Planning Commission Site Plan Review #95-02 Fir Grove Motel March 22, 1995 II III APPLICANT: Fir Grove Motel Kaimas & Kantaben Patel 482 N. Pacific Hwy Woodburn, OR 97071 NATURE OF THE APPLICATION: The applicant wishes site plan review approval to create additional rental units to the existing Fir Grove Motel. This addition will add 5 new units to the existing development. The applicant is requesting to partition 4 units with the construction of a new wall, therefore creating four additional room and converting the laundry/storage room to a handicap rental unit. RELEVANT FACTS: The site is located at 485 Pacific Highway between Blaine Street and Young Street. It can be specifically identified as Tax Lot 501 SS, 1W, 17BC. The City's landscape standards state that a 100 foot buffer and a 7 foot fence is required to separate commercial uses from residential zones. The subject property is zoned commercial general although a portion of the property that is zoned for commercial use. The applicant has proposed buffering and a cyclone fence around the entire north, west and south property lines. Each unit will contain a lavatory, water closet, a bath/shower and a kitchen. Because these unit include a kitchen, this development is not considered to be a motel according to the Woodburn Zoning Ordinance, Chapter 1 Section 1.390 defines motel as a "series of attached, semi-attached, or detached apartments, each comprised of a bedroom and bathroom, but without cooking facilities, with each apartment have an entrance leading directly from outside of the building". This request was reviewed as a multi-family apartment house by not only the planning department but also the building department and fire department. 14A ,I,t IIIII MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action ~ Randy Scott, CE Tech III, through Public Works Directo Project Status, Country Club Road Realignment March 23, 1995 15A Stage one construction activities on the Country Club Road Realignment are 95% complete. Weather permitting, the striping will be completed the week of March 27 and traffic signal placed in service. Traffic will then be routed on the completed realigned portion of Country Club Road and stage two construction activities started. It should be noted, the traffic signal will be on a timed cycle rather than operated by the detector loops. The detector loops cannot be installed until we have drier weather. Anticipated completion date is the end of April. RS:lg CCREAL\STAT2 ' ' 15B MEMO TO: FROM: City Administrator for Council Information ~ Randy Scott, CE Tech III, through Public Works Directo/~--~ . SUBJECT: Project Status, Settlemier Ave Resurfacing DATE: March 23, 1995 Current weather conditions continue to delay the placement of the final course of asphalt to complete the project. To complete the installation of the final course, we need a minimum of one week of warm, dry weather to ensure a good bond to the existing surface. In anticipation of favorable weather within a few weeks, the contractor will be making preparations for the placement of the final course, completing remaining dig out, patching, clean-up area, etc. The project should be completed by the end of April. RS:lg SETLSTAT. 2