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Agenda - 06/27/1994A. Council minutes o£ ]une 13, 1~94. B. Planning Commission minutes of lune ~, 199t. APPO~: ~OU1VCEMtNV~: I~W LIBRARY HOURS: (BEGINNING ]LILY 5, 1994) TUESDAY & WEDNESDAY 10:00 a.m. - 9.-00 p.m. THURSDAY & FRIDAY SATURDAY SUNDAY & MONDAY PROCLAMA NONS A. Chamber of Commerce A. Written 10.'00 a.m. - 6.-00 p.m. 10.-00 a.m. -4:00 p.m. CLOSED ~ allows public to introduce items for Council consideration not already scheduled on the agenda.) A. Zoning Ordinance: Downtor~m Historic District Amendrnen~ B. Continuation: Country Club Road ~ght-o£-way vacation (in conJunction with reah'gnment o£ Country Club Rd Er Oregon Way) A. PIannin~, Commission Recommendation re: Sandwich Express. Page I - Council Agenda, June 27, 1994 10., A. Council Bill No. I558 - Resolution authorizing WanNer of appropriations. B. Council Bill No. 1559 - Resolution approving supplemental agreement with ODOT. C. Council Bill No. 1560 - Resolution adopting investment policy. D. Council Bill No. I561 - Ordinance adopting FY 94-95 budget. E. Council Bill 1Vo. 1562 - Ordinance annexing property located on Parr Road. F. Request [or temporary closure o[ Park A venue between James Street and A/exandr/a Ave./rom 12:00 noon until conclusion o[ the Drums o[ Fire Show on Iune 30, 1994. G. Selection o[ pro.{erred wastewater treatment alternative. IOA lOB lOC 1OD IOF lOG 11. 12. 13. 14. 15. 16. 17. 18. A. Woodburn School Distn'ct modular unit. B. Renovation o£ portion o£ old city hall building. A. Towing ordinance activity report. B. Legion Park picnic pa vi~on. A. To consult with counsel concerning the legal rights and duties o[ a public body with regard to current litigation or litigation likely to be teed. Authority:. 192.660(I)(h) 14A 14B 15A 15B Page 2 - Council Agenda, June 27, 1994 3A 0001 COUNCIL MEETING MINUTES June 13, 1994 DATE. COUNCIL CHAMBERS, CITY NALL, CITY OF NOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 13, 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. 0015 Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police chief Wright, Public Works Manager Rohman, Park Director Holly, Library Director Sprauer, Finance Director Gritta, City Recorder Tennant 0022 0042 JENNINGS/FIGLEY .... approve the Council minutes of May 23, 1994 and the special meeting minutes of May 24, 1994; accept the Planning Commission minutes of May 19, 1994 and Library Board minutes of May 25, 1994. The motion passed unanimously. APPRECIATION AWARD FOR S_~R_VICE ON THE WOODBURN PLANNING COMMISSION - PAUL JOHNSON. Community Development Director Goeckritz provided a history of Mr. Johnson's contributions as a Planning Commission member. He had served on the Commission since 1985 and recently resigned his position after he sold his local business and moved to the Springfield area. He served as Commission President between 1990 and 1993 and was well respected by fellow Commissioners. Mayor Kelley presented Mr. Johnson with a plague in appreciation for his contributions to the City. Hr. Johnson stated that he had enjoyed his time serving as a Commission member and expressed his thanks to the City for the award. MEETING ANNOUNCEMENTS. The Woodburn Transportation Task Force will meet on Thursday, June 16, 7:30 p.m., in the City Hall Council Chambers. The Woodburn Wastewater Advisory Committee will hold their next meeting on Tuesday, June 21, 1994, 7:30 p.m., in the City Hall Council Chambers. Page i - Council Meeting Minutes, June 13, 1994 TAPE READING 0167 0175 0225 0516 COUNCIL MEETING MINUTES June 13, 1994 3A PROCIdtNATION. Mayor Kelley proclaimed June 18 & 19, 1994 as Settlemier Days in Woodburn. C~AMBER OF COMMERCE REPORT. Donna Hendrick, Chamber Board member, reviewed the events scheduled for Settlemier Days. On Saturday, events include a Pancake Breakfast, Volkswalk, Yard sale, Softball Tournament, Barbeque Chicken, Strawberry Shortcake, Settlemier House tours, and a Headstart Bike Rodeo and parade. Sunday's events include continuation of the Softball Tournament, Settlemier House tours, Yard sale, and two Circus performances. ~FASTEW'ATER ADVISORY COMMITTEE REPORT. Councilor Mitchell expressed his thanks to those who attended, organized, and participated in the June 6th open house presentation. pUBLIC NI~RING - 1994-95 CITY B~DGET. Mayor Kelley declared the public hearing open at 7:10 p.m.. Administrator Childs reviewed his budget memo which was also presented at the May 9th Council meeting. The public hearing addressed all city funds including State Revenue Sharing. The budget, as approved by the Budget Committee, does provide for additional personnel and some one-time capital purchases. In general, the service level to the community would be maintained under the budget proposal. He reviewed the total appropriations for all funds and property tax support necessary to balance the budget. Proposed property taxes consist of the tax base ($209,060), One-year operating levy ($1,577,413), Parks continuing levy ($655,815), and Library continuing levy ($444,643) for a total levy authority of $2,886,931. The proposed total levy authority is 6% over last year's levy authority which will maintain the parity between the taxing districts within the City. The recent swimming pool bond issue will require a tax levy in 1994-95 which is outside of the Measure 5 limitations. He briefly reviewe~ the areas in which personnel would be added and the proposed capital improvements. The total approved budget for all funds is $17,481,759. No one in the audience provided any input on the budget document and no letters were received on this issue. Mayor Kelley declared the public hearing closed at 7:17 p.m.. JENNINGS/FIGLEY .... instruct staff to draft an ordinance to adopt the budget. On roll call vote, the motion passed unanimously. P~TBLIC N~_~RING - ANNEXATION #94-01, ZONE MAP AMENDMENT ~94-01, AND CO__w~_~HEN$~ p~L~N MAp ~MENDMENT ~94-01 (8MITH/DEBANTIB PROPERTY LO~&TED WEST OF E~,m/TA~ND NORTH OF P~RR ROAD). Mayor Kelley declared the public hearing open at 7:18 p.m.. Page 2 - Council Meeting Minutes, June 13, 1994 3A TAPE READING COUNCIL MEETING MINUTES June 13, 1994 Recorder Tennant read the land use statement as required by ORS 197.763. Community Development Director Goeckritz reviewed the staff report on the proposed annexation of approximately 18 acres which abuts the city limits and is within the urban growth boundary, an amendment to the zone map from UTF to Multi- family residential (RM), and a Comprehensive Plan map amendment. The Planning Co~mission has recommended a conditional use approval of the applicant's request for a manufactured home park which would be developed within three phases. Marion County and LCDC have responded favorably to the proposed change. The proposed development will have approximately 115 lots averaging 5,360 sq. feet which is 33% greater than the State standards. It was also noted that the State standards for manufactured home parks supersede city ordinance standards. An open space is planned that would provide for storm water detention and serve as a tot lot with picnic tables as weather conditions permit. The park would lease sites and have an on-site property manager. Mick DeSantis, applicant, emphasized that this development would benefit the City similar to the Smith Addition. If approved, he requested the Council to expedite the process since construction timing and weather conditions are crucial in getting the project underway. No one in the audience spoke either for or against the proposal. Mayor Kelley declared the hearing closed at 7:37 p.m.. JENNINGS/FIGLEY .... approve the annexation and proposed amendments and instruct staff to draft an ordinance with findings in favor as recommended by the Planning Commission. On roll call vote, the motion passed unanimously. PUBLIC HRaUZNG - VAC&TION OF PUBLIC RZGHT-OF-~TAY ON COUNTRY CLUB ROAD (IN CONJUNCTION WITH REALIGNMENT OF COUNTRY CLUB ROAD ~ND OREGON WAY). Mayor Kelley declared the public hearing open at 7:38 p.m.. Public Works Director Tiwari reviewed the proposed project which would realign Country Club Road and Oregon Way at Highway 214. In order to accomplish this realignment, property owned by Dale Baker and Tim Brown located adjacent to the existing public right-of-way (Country Club Rd) would be re-dedicated to the City as public right-of-way and, in exchange, the City would vacate the existing the right-of-way as per the land sale agreement. He also stated that the property to be re-dedicated by Mr. Baker and Mr. Brown is more than what is proposed to be vacated at this time. He briefly reviewed the language within the State statutes relating to vacation of right-of-way and objections from property owners within the affected area. Affected property owners does not mean that property is taken from or to be received by them, however, it does provide them an opportunity to support or Page 3 - Council Meeting Minutes, June 13, 1994 COUNCIL MEETING MINUTES June 13, 1994 TAPE READIN__ _ G 1661 1827 2094 object to a proposed vacation of right-of~way. If owners more than 50% of the affected property object t? the vacation, then the Council would not be able to ~roceed wl~h vacation process. Director Tiwari reviewed the.£ega~. requirements and dates public n~tices ~ere publishe~ in the local newspaper along with postlng notices at the s~te. He stated that his staff had sent letters to property owners within the affected area, however, those letters were only sent out last week. Director Tiwari proceeded to review historical background information on the realignment project which has been discussed since 1990. This project.has been part of the city's CIP tCapital Improvement Project) for many years since traffic flo~ on Highway 214 has been a concern of the City and State for many years. In 1992, Oregon Dept. of Transportation (ODOT) has approved funding for signalization of the realignment project. Letters on this issue were received from (1) the owner of Kentucky Fried Chicken who was originally in favor of the vacation, however, a faxed letter received this afternoon objected to the vacation if.the entrance to Fairway Plaza on the north side of the building was more than 20 feet away from the building~ (2) John & Esther Teuscher, Lloyd a Frances Taylor, Anna Reeves, and a representative of Key Bank questioning the affected area, proper notification, and property proposed to be taken as part of the Oregon Way widening~ and (3) from George Steffensen, 1493 Sallal Rd, objecting to the roadway design. It was noted that Mr. Steffensen owns property outside of the affected area. Director Tiwari stated that the proposed realignment project costs were estimated at $355,000. ODOT has approved the roadway design which involves a curved roadway between the Highway 214 intersection and the second driveway into the mall. As designed, the first driveway entrance into Fairway Plaza would be eliminated. Public Works Manager Rohman discussed the traffic flow within the area and stated that the current signalization is hindering smooth traffic flow. He recently went to the intersection to check the length of time each signal was using and if one signal is removed, traffic flow on Highway 214 would increase by 40 seconds each time the light turns green for east/west traffic. It is anticipated that there would be no significant increase in traffic flow on Country Club Road or Oregon Way since motorists will continue to use Highway 214 as the main thoroughfare. The proposed roadway design will add a turn lane on Oregon Way to improve the traffic flow on that street. Public Works Director Tiwari stated that ODOT feels that the alignment will be a benefit to the area, however, they are also concerned about the congestion at the Rainier Road intersection. He reviewed the configuration of the roadway Page 4 - Council Meeting Minutes, June 13, 1994 3A TAPE READING 2456 Tape 2 0069 COUNCIL MEETING MINUTES June 13, 1994 and the accesses to Fairway Plaza. Of the 7 accesses to the Plaza, 4 are located along Country Club Road. He also reviewed changes that could be made to the internal parking lot configuration to accommodate the change in the internal traffic flow if the access across from Rainier Road is close~. He stated that a suggestion was also made to incorporate a golf cart crossing at the intersection which would be a feasible option at this stage of the design process. Attorney Shields placed the following items into the record (letters were read in full): 1) Staff reports, Exhibit ~1 2) Letter dated May 31, 1994 from George Steffensen, 1493 Sallal Rd., Opponent Exhibit $1 (opposition outside affected area) 3) Letter dated June 13, 1994 from Kari Wilson (Key Bank representative), John & Esther Teuscher, Lloyd and Frances Taylor, and Anna Reeves, Exhibit #2 4) Letter from Ole and Joanne Lilleoren, owners of Kentucky Fried Chicken, Opponent Exhibit $2 Attorney Shields reminded the Council that any testimony can be taken on this issue, however, the Council cannot legally take any action if the property owners of the majority of the affected area objects to the proposed vacation. Public Works Director Tiwari summarized the involvement of ODOT, Woodburn Planning Commission, Transportation Task Force, and the City Council regarding the project concept and design. John Teuscher, 953 Oregon Way, stated that he had received the letter from the City regarding the proposed vacation on Friday, June 10th. He stated that there was an error in obtaining the signature from a Key Bank representative since the bank does not own the property. However, as property owners, they were concern about the potential loss of their property in order to accommodate the widening of Oregon Way for the turn lane. They were also concerned about the potential loss of trees in front of their homes. Don Mixell, President of Senior Estates Board of Directors, submitted a letter in opposition and suggested that a traffic study be completed before any action is taken. (Opponent Exhibit #3) Doc Gheen, 2035 Camilla Way, also submitted a letter in opposition and presented a proposed traffic plan to solve the problem. (Opponent Exhibit #4) Jack Donly, 1349 Vanderbeck Lane, encouraged the elimination of one traffic light at the intersection, however, he was opposed to the proposed Sandwich Shop and the potential traffic impact. Dan Glennon, Manager of Lind's Market, stated that he had mentioned his concerns at the public hearing regarding the Sandwich Express regarding the proposed elimination of the access from the Mall across from Rainier Road. He was opposed Page 5 - Council Meeting Minutes, June 13, 1994 3A COUNCIL MEETING MINUTES June 13, 1994 TAPE READING 0518 1175 1385 to potential traffic problems that may be created within the mall parking lot if the access was eliminated. Mark Shipman, Attorney representing SENA, expressed concern in the following areas: 1) Notice published did not include the name of applicant or. date filed. He felt that this issue should be treated as a land use issue. 2) In his opinion, the affected area includes all of Senior Estates subdivision (plat ~6). He submitted into the record petitions signed by local businesses and residents in opposition of the realignment (approx. 540 signatures)(Opponent Exhibit #5), and 3) His review of the ODOT memo dated May 1993 which would suggest further evaluation of the traffic pattern in the area (Opponent Exhibit #6) He expressed his opinion that this issue should be referred back to the Planning Commission for further analysis. Attorney Shipman did state that something needed to be done about the traffic bottleneck when asked this question from Councilor Jennings. Barbara Lucas, 214 E. Clackamas Circle, stated that when she was in the Engineering office earlier today the staff did not have any information on the amount of time saved by the elimination of one light. She objected to his statement that there would be no appreciable increase of traffic on Oregon Way south of Highway 214 once the realignment occurs and she expressed her opposition to the realignment. Keith Woolen, 259 W. Clackamas C1., endorsed the plan submitted by Doc Gheen. He also briefly reviewed the State's future plans to place median strips on Highway 214 over the next 10 years. He also referred to the State's report that Highway 214 will be a 6-lane highway within 20 years and he questioned if any right-of-way was preserved so that the City or State would not have to purchase that portion of land. Public Works Director Tiwari addressed the following issues: 1) Tree issue - It is the policy of the City to save trees and adjustments can be made with the roadway design. No additional right-of-way will be required along Oregon Way since there is sufficient public right-of-way available. 2) The alternative plan submitted by Mr. Gheen involves a 90 degree angle which would lower the speed of traffic more than a curve. 3) Sandwich shop entrance versus the mall entrance - he suggested that attention be directed to the current Rainier Road/mall entrance and the need to reduce the congestion in this area. 4) The Public Works Manager went to the Highway 214/Country Club Rd/Oregon Way signal after the visit from Barbara Lucas. He reminded the Council that as traffic engineers, assumptions are made on potential impact. 5) The City will reserve a 20 foot right-of-way for future Page 6 - Council Meeting Minutes, June 13, 1994 TAPE READING 22O0 2880 COUNCIL MEETING MINUTES June 13, 1994 road expansion. 6) ODOT has agreed to fund $220,000 towards the realignment and signalization of this intersection based on their review of engineering design plans of the area. 7) A turn lane on Oregon Way is proposed but is unknown if a. left turn signal will be warranted by the State. Councilor Jennings questioned if the 90 degree turn concept had been considered by staff. Public Works Director Tiwari stated that he has always been concerned about the stacking distance on Country Club Road. He felt that there would still be congestion in that area and a curve will have a more smoother flow of traffic. Councilor Sifuentez questioned the amount of time it may take to have the State review any modifications that may be made to the design. Director Tiwari stated that there will be some delay, however, there is some pressure on to do something since there fiscal year ends on September 30th. Councilor Figley questioned if there was a way to reconfigure the accesses to the mall and sandwich shop. Director Tiwari stated that, from a traffic perspective, there should not be any more traffic flow opposite Rainier Road and an access for the Sandwich shop only would be acceptable since it would have less traffic flow. Discussion continued on the need for more information regarding access to the Mall, staff review of the traffic plan proposed by Mr. Gheen, and continuation of the public hearing. Attorney Shields informed the Council that their contact with staff on this issue is not ex-parte contact. Director Tiwari stated that he will review the traffic plan proposed by Mr. Gheen and discuss this issue with ODOT but it may be 4 weeks before an answer can be obtained from the State. JENNINGS/FIGLEY .... continue the public hearing until June 27, 1994, 7:00 p.m.. On roll call vote, the motion passed unanimously. The Mayor called for a recess between 9:48 p.m. and 9:55 p.m.. COUNCIL BILL 1549 - RESOLUTION CERTIFYING CITY'S NDECTION ~9 RECEIVE BTATB-BHARED REVENUES DURING FISCAL YEAR 1994-9~o Council Bill 1549 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1549 duly passed. Page 7 - Council Meeting Minutes, June 13, 1994 TAPE READIN__ _ G 3018 ~059 Tape 3 0001 0035 COUNCIL MEETING MINUTES June 13, 1994 COUNCIL BILE 1550 - RESOLUTION DEC?.~RING TN~ CITY'S ELECTION TO RECEIVE BTATE REV__s~U.E BNARZNG DURING FZBCAL ¥~R 1994-95. Councilor Hagenauer introduced Council Bill 1550. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1550 duly passed. ~OUNCIL BILL 1551 - R~SOLUTION AUTHORIZING EXECUTION OF ~GRR~N~NT WITH NARION COUNTY FOR HEPATITIB B Council Bill 1551 was introduced by Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the Council Bill 1551 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1552 - ~SOLUTXON AUTHORIZING AGREEMENT WITH ~UGGINS ~NSURANCE AGENCY FOR INSURANCE AGENT OF RECORD. Councilor Hagenauer introduced Council Bill 1552. 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 Kelley declared Council Bill 1552 duly passed. COUNCIL BILL 155~ - ~OLUTXON AUTHORIZING AGREEMENT FOR vOLUNTEER COVERAGE UNDER NO~R-S' COMPENSATION XNSURANCm. Council Bill 1553 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1553 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1554 - RESOLUTION AUTHORIZING CONTRACT WITH CITY ATTORNEY N. ROBERT SHIELDS. Council Bill 1554 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. Attorney Shields read his memo declaring his conflict of interest on this issue since it involves a renewal of his contract. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1554 duly passed. COUNCI~ BX~D 1555 - RESOLUTION AUTHORIZING EXECUTION OF A COMMUNICATION SITE LF~SE. Mayor Kelley requested that more information be made available on this issue before it is read by the Council since it is unknown as to what effect the microwaves would have on the television reception in homes surrounding the tower. Page 8 - Council Meeting Minutes, June 13, 1994 TAPE READING 0321 COUNCIL MEETING MINUTES June 13, 1994 Jeff Parsons, representing CenCa11,Inc., stated that he did not realize that a site lease agreement would be addressed by the Council at this meeting since zoning issues still need to be addressed. He stated that the tower would be similar to the GTE and Cell One concept and that their company is proposing the placement of a tower in the Woodburn area to serve their customers. He was unable to give expert testimony on health issues or reception, however, he stated that the overall effect of this tower is less than the effect of a microwave oven. Park Director Holly stated that he had been discussing a proposed lease with company representatives and he felt that it was necessary to get the Council approval on this issue in advance. The lease does contain a provision that the company would need to obtain Planning Commission approval since it is a conditional use. Attorney Shields stated that the Council can decide whether or not to proceed now rather than going to a conditional use procedure since it would be located on city property. JENNINGS/SIFUENTEZ .... refer the issue to the Planning Commission. The motion passed unanimously. COUNCIL BILL 1556 - REBOLUTION DIRECTING PLACEMENT OF 4-NAY BTOP SIGNS ON COUNTRY CLUB RD AT PRINCETON RD. ~ ON COUNTRY CLUB RD AT RANDOLPH RD/COUNTRY CLUB TERI~CE. Council Bill 1556 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1556 duly passed. ~L~NNING COMMISSION RECOMMENDATION RE: S~NDWICH EXPRESS. For the record, Councilor Mitchell stated that the ex-parte contact took place during a break period called by the Mayor and it was a question to Mr. Brown regarding if the driveway could be angled a certain way and Mr. Brown's answer was yes. An overhead transparency had been used during the hearing as part of the staff report and his question referred to the driveway shown on the transparency. Attorney Shields stated that Councilor Mitchell wanted to clarify what discussion had taken place so that if he decided to deliberate on this issue, the public would know that the information gleamed from the short discussion would not influence his decision on this issue. Attorney Shields also stated that if anyone in the audience disagreed with Councilor Mitchell's comments that they should so state at this time. Mayor Kelley stated that this clarification of the ex-parte contact should have been made earlier since most of the people have left the meeting. Shirley Mixell stated that the contact was during the meeting rather than the break. Councilor Mitchell stated that the 3A Page 9 - Council Meeting Minutes, June 13, 1994 TAPE READING O55O O580 0630 0687 O7O5 COUNCIL MEETING MINUTES June 13, 1994 3A comment to Mr. Baker was during the meeting but the alleged ex-parts contact involved Mr. Brown during the break. FIGLEY/JENNINGS .... Planning Commission recommendation be tabled until the next regular Council meeting. The motion passed unanimously. BID A~ARD - HFAC ENGINEERING STUDY. Proposals were received from the following engineering consultants for the purpose of conducting a heating, ventilation, and air-conditioning study for the City Hall and Library buildings: Interface Engineering, Inc., $14,2001 MFIA, Inc., $20,500; and CH2M Hill, $21,700. Staff recommended that a contract be awarded to Interface Engineering, Inc. which is an established firm in business for over 20 years. JENNINGS/FIGLEY .... award the bid to Interface Engineering, Inc., in the amount of $14,200 to perform a HVAC study on the Library and City Hall buildings. On roll call vote, the motion passed unanimously. BID AFARD - EARTHOUAKE REPAIR PROJECT CLIBR~RY). Administrator Childs requested that this item be tabled until written comments are received from FEMA (Federal Emergency Management Administration) regarding additional project funding. He also stated that the City has 45 days in which to award the bid which is substantially more than FEMA's original estimate to make the repairs. JENNINGS/SIFUENTEZ ..... item 10K be tabled until June 27th. The motion passed unanimously. BID APPROVAL - YOUNO STREET RAILROAD CROBSING NATERI~%LS. As in the past, Southern Pacific Railroad will provide the labor to install rubberized railroad crossing material at no cost to the City. Since the materials must be paid for by the City, bids were received from the following vendors for the materials: Goodyear Tire & Rubber Company, $34,004.16~ and OMNI Products, Inc., $39,960.00. JENNINGS/FIGLEY .... accept staff recommendation and award the contract for rubberized railroad crossing materials to Goodyear Tire & Rubber Co. in the amount of $34,004.16. The motion passed unanimously. APPROVAL OF PAYMENT TO SOUTHERN PACIFIC RAILROAD FOR GEOTEXTILE AND PERFORATED PIPE. Staff recommended Council approval to advance Southern Pacific Railroad $5,310.00 for the purchase of geotextile and perforated pipe for installation along the railroad tracks as part of the Young Street railroad crossing improvement project. Page 10 - Council Meeting Minutes, June 13, 1994 TAPE 0740 0825 0845 0870 0910 0980 COUNCIL MEETING MINUTEB June 13, 1994 3A JENNINGS/FIGLEY .... approve the payment of $5,310.00 to Southern Pacific Railroad Co. for geotextile and perforated pipe. The motion passed unanimously. COUNCIL BILL 1557 - R~8OLUTION BETTING TIME FOR ~ pUBLIC ~RING REGarDING T~ VACATION OF a PORTION OF RIGU~-OF-~FAY O~ ~OPLAR STREET. Council Bill 1557 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. JENNINGS/FIGLEY .... amend Section 2 by changing the date of the public hearing to July 25, 1994. The motion passed unanimously. On roll call vote for final passage, Council Bill 1557 passed unanimously. Mayor Kelley declared the bill duly passed. REOUEST FOR STREET CLOSURE - ~LEXANDRA COURT. Residents of Alexandra Court requested Council permission to close their street on July 4, 1994, between the hours of 10:00 am and 10:00 pm for the purpose of holding their annual Independence Day neighborhood party. Staff recommended that the request be granted. JENNINGS/FIGLEY .... grant the request to close Alexandra Court from 10:00 am to 10:00 pm on July 4, 1994. The motion passed unanimously. ~PPROVAL OF CL~XMB. SIFUENTEZ/GALVIN .... approve voucher checks $22812 - ~23105 for the month of May 1994. The motion passed unanimously. Bruce Thomas, 795 Corby, requested that the City take the necessary steps to contact the owner of the old bank building (199 N Front) regarding the removal of the graffiti on the exterior of the building. Additionally, he expressed concern as to the overall appearance of the building which has slowly deteriorated over the last six months. Betty Stuchlik, expressed her frustration in obtaining a copy of the agenda packet on a timely basis. Additionally, no mention was made by staff at the time the packet for SENA was being picked up that there was a separate packet available on the Planning Commission action from the previous night. ST~FF REPORTS9 (A) Final results of May 17, 1994 Special Operating Levy Election - Yes Votes: 1,541; No Votes: 1,459 (B) Insurance Company settlement in Burley v. city of Woodburn (C) Grant award from Department of Land Conversation and Development Technical Assistance Grant (up to $13,500) (D) Federal Community Policing Grant - grant application not Page 11 - Council Meeting Minutes, June 13, 1994 TAPE READING 1090 1100 COUNCIL MEETING MINUTES June 13, 1994 3A funded during recent distribution of grant awards (E) Edward Byrne Memorial Grant Award - grant application submitted by City, School District and Marion County Juvenile awarded $30,000 towards Gang Intervention Program (F) Facility Maintenance Division - memo advising Council of. formation of custodial maintenance division utilizing existing authorized positions to maintain City Hall, Library, Community Center, and Wastewater buildings. Some budget adjustments may be made in conjunction with the 1994-95 budget ordinance, however, no additional funds will be necessary to fund this division. (G) Demolition of Pool Building - Fire Department has agreed to burn the building as part of a training exercise in July. Park Maintenance staff will do a majority of the remaining work in order to keep costs at a minimum. (H) Joint workshop concerning Neighborhood Associations - It was the consensus of the Council to hold a workshop with the Planning Commission on June 20, 1994, 7:00 p.m., to discuss this issue with Tom Griffin-Valade, Neighborhood Specialist with the City of Portland. (I) Building Activity Report for May 1994. Councilor Sifuentez stated that she would be out of town for the June 27, 1994 Council meeting. JENNINGS/FIGLEY... meeting be adjourned. unanimously. The meeting adjourned at 10:37 p.m.. The motion passed APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn Page 12 - Council Meeting Minutes, June 13, 1994 3B MINUTES PLANNING COMMISSION MEETING JUNE 9, 1994 1! 2) 3) 4} 5! ROLL CALL: Chairperson Mrs. Warzynski Absent Commissioner Mrs. Henkes Absent Commissioner Mrs. Bjelland Present Commissioner Mr. Finch Present Commissioner Mr. Pugh Present Commissioner Mr. Kosikowski Present Commissioner Mr. Atkinson Present Commissioner Mrs. Davis Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The Planning Commission minutes for May 26, 1994 were accepted with the correction of the spelling of Commissioner Atkinson's name on the last page. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: A. A letter of resignation from Wes Bauer. A letter from Land Conservation and Development regarding the Technical Assistant Grant award. DISCUSSION: City Council remands back to Planning Commission Site Plan 94-01 for recommendation for Council decision. Staff stated that the Council was looking for a recommendation from the Planning Commission. He stated that no public hearing was necessary and that PCM 6-9-94 SG:bw 3B no testimony could legally be taken. He referred to the City Attorney's memo. The Commission is to review the evidence and discuss among the Commission and by motion make a recommendation to approve or deny the applicant's request. Staff stated that the discussion by the Commission needs to focus on the issue of the Sandwich Express site plan review process. Commissioner Finch asked about the applicant's request for the Variance Request be removed from their application. Staff stated that the variance was withdrawn. Commissioner Finch asked exactly what they would be discussing. Staff stated that the Commission would be either confirming or denying its previous decision. He stated that staff recommends approval of this site plan. Commissioner Pugh asked staff if it would be possible to review or highlight this site plan. Staff summarized the applicants proposal and identified the fact that the variance was no longer an issue since it had been withdrawn at the applicants request. Basically the Commission was to review the record in its entirety including the transcript from the Council hearings and make a recommendation back to the Council for the review. Commissioner Bjelland asked staff for a clarification regarding the opposition or approval of the request by the owner of the Kentucky Fried Chicken. Staff stated that the owner of the Kentucky Fried Chicken has changed his mind and is not opposed to this project. Commissioner Pugh asked staff to review the drawings for the Commission. Staff reviewed the drawings for the Commission. He stated that the applicant was willing to meet all the conditions that the Planning Commission had asked for in the initial approval. Commissioner Finch asked staff what would be done about the people who refused to read "Right Turn Only", etc. signs. Staff stated that they would be designed to discourage this driving behavior. There was some discussion regarding the access point onto Hvvy 214. PCM 6-9-94 SG:bw 2 ~B Commissioner Kosikowski stated that he felt that this was a good realignment. It will take out one of the stop signs. It will slow the traffic through the area. He made the motion to send it back to Council with the Planning Commission approval with the stipulations stated. Commissioner Pugh asked if there were any further discussion from the rest of the Commission members. There was none. Commissioner Kosikowski formally stated the motion. Commissioner Bjelland seconded the motion. A vote was taken: Bjelland Yes Finch Yes Pugh Yes Kosikowski Yes Atkinson Yes Davis Yes The motion passed. 6) REPORTS Old City Hall/Restaurant Conversion Applicant: Auturo Sanchez Staff stated that the applicant wished to renovate the old fire department part of the building into a restaurant. Staff stated that this building is registered in the National Historic Register. Due to the proposed conversion is under 4,000 sq. ft. it is a staff administrative decision. Staff has found that the applicant request does comply with the Comprehensive Plan and Zoning Ordinances. The Downtown Association has looked at the site plan. Staff read over the conditions of approval. Commissioner Atkinson asked if it had been determined if there was a gas tank? Staff answered that it had been removed. Commissioner Pugh asked how safe was this building since the earthquake. PCM 6-9-94 SG:bw 3 3B Staff answered it was one of the more structurally sound buildings in the old downtown area. The applicant, Auturo Sanchez, 4732 Lancaster Dr. NE, Salem, stated that he wished to convert the old fire department section of the old city hall into a restaurant. He stated that the rest of the building in the future would be turned into a family fun center, and a mall type setting. He stated that the building was inspected and found to be structurally sound. His sister, Evangelina Sanchez, 1671 Corby Street, Woodburn, stated that they wanted to make this a family restaurant. She stated that they would be serving seafood and Mexican food as a buffet style environment. Commissioner Pugh asked about the parking. Staff stated that seven parking spaces would be required by ordinance. The applicant is providing five spaces on site. There is also on street parking. Commissioner Kosikowski stated that there is a public parking lot within a block of the building. Commissioner Atkinson asked if the structural inspection was only for the area of the restaurant. Staff answered yes, but that the applicant is having the rest of the building inspected. The applicant stated that the part that he wished to make into a restaurant was added on to the original structure at a later date. It was not apart of the original building. It has its own supporting wall next to the other wall. The roof area was changed so that it made it look like all one building. Commissioner Atkinson asked if a future inspection found the rest of the building to be unsafe would it affect this part of the building. The applicant stated no. There was to be no through traffic from one building to another. B. Site Plan Review 94-12 - French Prairie Middle School Portable Classrooms. Staff stated that administrative approval was given for a temporary modular classroom. She stated that there was no additional need for city services, the site is zoned appropriately. PCM 6-9-94 SG:bw 4 3B C. Building Activity - May, 1994 The dollar value of the permits issued this fiscal year up through the month of May was a little over $20,000,000.00. 7) 8) BUSINESS FROM THE COMMISSION: Commissioner Bjelland asked if it would be a good idea to have someone from ' the Planning Commission be on the Transportation Task Force. She also requested that task force information be provided to the Commission. Staff concurred and requested a Commissioner volunteer to serve on the Task Force. ADJOURNMENT: There being no further business, the Planning Commission meeting adjourned. ~'CM 6-S-S4 5 SG:bw MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Planning Commission Amendments to the Woodburn Zoning Ordinance DHD - Downtown Historic District June 22, 1994 Chapter 40 At their hearing of May 12, 1994 the Planning Commission reviewed and recommended the City Council approve a proposal initiated by the Woodburn Downtown Association (WDA) to strengthen and clarify the objectives set forth in the Historic District Ordinance· The WDA and Commission are cognizant of the fact that the amendments to this ordinance are not a "Quick Fix" for the renovation and beautification of the old downtown. However, there is a firm belief that such regulation over time can have a positive impact on the beautification of our old downtown· The Council may take one of the following actions: Approve the Ordinance amendments as written and have staff prepare an ordinance and findings to adopt the amendments. Modify the proposed amendments and have staff prepare findings and an ordinance to adopt the amendments. e Deny the Planning Commission recommendations and substantiate with findings. 4. Remand the proposal back to the Planning Commission for further review. STAFF REPORT' HISTORIC PROSPECTIVE The Woodburn Downtown Association (WDA) is interested in seeing the transportation of Woodburn's "Old Downtown" into a legitimate and recognizable historic district. A district that not '. only represents what this community was a century ago but what it will represent to our city in the future. Even today the downtown historic district exists at the center of our growing community. The City of Woodburn is fortunate in having a collection of buildings that distinguish themselves from the rest of the communities commercial sector. This city has something such cities as Tualatin, Wilsonville, Beaverton or Gresham do not have, a historic district. It is time that we begin to showcase that fact. WDA OBJECTIVES The City of Woodburn has in place a Downtown Historic District (DHD) Land Use Ordinance and district boundaries (See Map I). The objective of the WDA is to strengthen the objectives of that ordinance. What follows are those draft amendments the WDA would like to see implemented. DRAFT IV CHAPTER 40 DHD DOWNTOWN HISTORIC DISTRICT 40.010 PURPOSE 40.020 CRITERIA 40.030 40.040 40.050 40.060 40.070 40.080 40.090 40.100 40.120 40.130 40.140 PERMIT PROCESS FOR EXTERIOR ALTERATION OR REMODELING GUIDBLINE$ FOR THE EXTERIOR ALTERATION USES CONDITIONAL USES HEIGHT REAR YARD SIDE YARDS FRONT YARDS SIGNS LANDSCAPED YARD LOT AREA AND WIDTH SITE PLAN REVIEW REQUIRED CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT Section 40.010 PURPOSE Buildings, objects, structures, and sites in the Downtown Historic Dist~ having special kistotical, architectural, or cultural significance should be preserved as a part of the City's heritage. To this end, regulatory controls and administrative procedures are necessary for the following masons: (a) Stabilize and improve property values through restoration efforts; Promote the education of local citizens on the benefits associated with an active historic presetva~n program,. (c) Foster civic pride in the beauty and nobel accomplishments of the past; (d) Protect and enhance the City'~ attraction~ for tourists and visitors; and (e) Strengthen the economy of the City. Section 40.020 CRITERIA All site plan proposals shall be reviewed by the Woodburn Downtown Association (WDA) with a recommendation prior to Planning Commission action. The WDA and Plattning Commission shall base their recommendatiotts on the following criteria.. History. Tke resource is associated with sig~ past events, persons, organizations, trends, or values which are important to the city. The age of the resource relative to other local development contributes to its historic signO~xmce; Style/Design. The resource is representative of a partic~ style or a type of construction. The uniqueness of the resource or its quality of composition, detailing, or craftsmanship contribute to its design signO~mce; Integrity. The r~source tv. rains original design elements, materials, and character with relatively minor alterations, ~f any; and Environment. The resource contributes to the character or continuity of the Downtown Historic Dist~. Section 40.050. PERMIT PROCESS FOR EXTERIOR/INTERIOR ALTERATION OR REMODELING The Building O~ shall submit to the Community Development Director all building permit and site plan request for exterior and interior alterations to structures in the DHD. Any lndnting or physical change in materials color or building ~___r~m constitute an alteration. The Director thall, within five (5) working days, review the permit app~n for compliance wlth the requirements as set out in Otapttr 40 of this ordinance and submit this proposal to the Woodburn Downtown Asso~n for review. The Woodbum Downtown Association shall meet within 7 worldng days of the date the permit application was submitted to the Building Department. The applicant shall be no~ of the time and place of the review and is encouraged to be present, although his/her preSence shall not be necessary for action on the plans. A failure to review within twenty.one (21) days shall be considered an approval of the application. 2 CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT If the Woodbum Downtown Association finds the proposed alterations to be in compliance with Chapter 40, they shall direct the Community Development Director to submit the building permit/site plan with conditions of approval, to the Planning Commission for final approval. Section 40.040 GUID~ES FOR THB BXTERIOR/INTERIOR ALTERATION An application for e~erior alteration of a historic building shall be approved ~f the change or the treatment proposed is determined to be harmonious and compatible with the appearance and character of the historical building and shall generally be disapproved ~l' found detrimental to or otherwise adversely affecting.the architectural sig~ce, the integrity of hi~rical appearance, and the educational and historical ~lue of the building or adjacent buildings. The following guidelines apply to the exterior alterations to historical buildings: Retention of original construction. $o far us pos~le, all origittal exterior materials and details shall be preserved or replaced to match the original. (2) Height. Additional stories may be added to historical buildings provided that: (aa) The added height complies with requirements of the building and zoning codes. (bb) The added height does not exceed that which was traditional for the style of the building; (cc) ~ added height does not alter the traditional scale and proportions of the building style; and The added height is visually compatible with adjacent ~_storic buildings; (3) Bulk. Horizontal additions may be added to historic buildings provided that.. (aa) The building of the addition does not exceed that which was traditional for the building style; (bb) The addition maintains the traditional scale and proportion of the building; and (cc) The addition is visually compatible with adjacent historic buildings. Wtsual Integrity of ~ructure. the lines of columns, piers, spandrels, and other primaty structural elements shall be ~ so far as is practicable. S~ and Proportion. The scale and proportion of altered or added building elements, the relationship of ~oids to solid (windows to wall) shall be visually compatible with the traditional architectural character of the historic building. ~R 40 - DOYeN'TOWN HISTORIC DISTRI~ 3 Materials, Color, and Texture. The materials, colors, and textures used in the alteration or addition shall be visually compatible with the traditional architectural character of the historic building and adjacent hi. tic buildings. Lighting and Other Appurtenances. Exterior lighting and other appurtenances, such as walls, fences, awnings, and landscaping shall be visually compatible with the traditional architectural character of the historic building. (8) Bars on windows and doors are not l~rmitted. (9) Signs. See Section ll.D of the Woodburn Sign Ordinance. (b) Interiors visible from the exterior shall be vusually comparable wiht the building and adjacent buildings. Section 40.050 USE Within any (DHD) Downtown Historic District, no building, structure or premise shall be used, arranged, or designed to be used, erected, structurally altered except for one or more of the following uses: (a) Any use permitted in the CO District under Section 28.010 (b)-(k). (b) Amusement and recreation: (1) Athletic club; (2) Community center; (c) Communication: (1) Radio and television station and studio; (2) Telegraph and telephone communication facilities. (d) Schools: (1) Public and Private; (2) Trade School (e) Printing and publishing: (1) Printing and photocopying; (2) Bookbinding and related activities; (3) Newspaper, periodical and book publishing. (f) Retail: (1) (2) (3) (4) (5) (6) (7) Antique shop; Artists supply store; Bakery; Book Store; Camera and photographic store; Candy, nut and confectionery store; Cottage industry ( with definition in Chapter I) CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT (g) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (4O) (41) (42) (43) (~) Retail (Small scale mfg. (5 or less employees) of hand crafted products for retail sale) such as: (1) Cabinet making (2) Custom furniture (3) Art/craft studio Dairy products store (no processing, sales on premises only) Delicatessen store; Department store; Drug store; Eating place, restaurant, cafe, caterer, box-lunch provider, coffee shop, dining room and tea room; Fish and sea food market (no rendering or processing, sales on premises only); Florist shop; Furniture store; Furrier and fur shop; Garden supply store; General store; Gift, novelty, curio and souvenir shop; Greeting card store; Health food store; Hearing aid store; Hobby equipment store; Home furnishings and equipment store, including floor coverings, major appliances, draperies, curtains and upholstery materials, glassware, china, metal ware, (may perform incidental installation services); Household appliance store; Jewelry store; Liquor store; Mail order house; Meat market (No rendering or processing, sales on premise only); Music store, including sale of pianos and other instruments, phonograph records, Sheet music, etc; Office machine and equipment store; Optical goods store; Pawn shop; Pet store; Religious goods store; Rental shop; Second hand shops such as books, clothing, furniture; Shoe store; Sporting goods tore; Stationery store; Tailor, dressmaker; Toy Store; Variety store; Wearing apparel and accessories. and service: CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT 5 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Appliances, radio, television shops; Bicycle shop; Business machines, typewriters, sewing machine sales and service shop; Electrical and lighting shop; Floor covering store; Gunsmith; Hardware store; Locksmith; Luggage and leather goods shops; Orthopedic and limb store; Paint, wallpaper and interior decorating store; Taxidermist; Venetian blind and window; Watch, clock, jewelry, camera and instrument shop. (h) Service: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Advertising agency; Barber shop; Beauty shop; Business sign sales and services; Clothing and costume rental service; Dry cleaning establishment, self-service; Employment agency; Mail order service house; Mortuary and funeral service; Railroad terminal; Railroad express agency; Self service laundry; Shoe repair and shoe shine shop; Sign painter; Veterinary clinic. Section 40.060 Conditional Uses. When authorized under the procedure provided for Conditional Uses in this ordinance, the following uses will be permitted; (1) (2) Grocery store, super market, food store; Community service such as health clinic s and social services. Section 40.070 Height. There shall be no restriction on height in a DH District. Section 40.080 Rear Yard. In the DH District no rear yard is required except as herein provided, but if one is provided it shall be not less than five feet in depth exclusive of any alley area. Section 40.090 Side Yards. Where the side of a lot in a DH District abuts upon the side of a lot in any residential district, there shall be a minimum side yard of five feet, which said yard shall be contained by a wall or fence not less than six feet in height or compact 6 CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT . evergreen hedge not less than six feet in height, when planted, capable of attaining a height of seven feet. Section 40.100 Front Yards. No front yard shall be required in a DH District. Section 40.110 Signs. Section 40.1 20 Landscaped Yard. Within any DH District there are no requirements for landscaped yards when zero lot lines are used. Any open area not used for building space shall be reviewed for landscape requirements through the Site Plan Review process. Section 40.130 Lot Area And Width. Buildings or structures hereafter erected, altered or enlarged in a DH District are not subject to lot area requirements. Section 40.140 Site Plan Review Required. Site Plan Review shall be required for all buildings, structures, or premises used, arranged or designed to be used, erected, structurally altered or enlarged in accordance with the provisions of Chapter 11. Additionally, the Site Plan proposal will be reviewed according to the guidelines established in Section 40.040 by the Woodburn Downtown Association with a recommendation prior to Planning Commission action. CHAPTER 40 - DOWlqTO~ HISTORIC DISTRICT 7 ADDENDUM The following standards are to be incorporated into the Woodburn Sign Ordinance as it relato~ to the Downtown Historic Zone (DHD). Addition: ~ection !1. ~onin~ District Regulations The signage mate~als, colors, and littering style shall be visually compatible with the traditional architecture of the building. ' Paper signs shall not take the place of permanent outdoor signs, but may be used temporarily for special promotions of events. (D) Signs in the Downtown Historic District (DHD) No sign or outdoor advertizing of any character shall be permitted in the DHD Zoning District except the following: (1) A total of 2 signs par each business, which may be one wall sign and one projecting sign, the total combined area of which shall not exceed 30 square feet. (2) Projecting signs are limited to 12 square feet. (3) No sign shall be illuminated. (4) If a building has two or more frontages, each frontage shall be allowed one additional wall sign and projecting sign per business, attached to the building. These additional signs are not to exceed 30 square feet per business. (5) Window signs are not subject to this ordinance. THINGS THE ORDINANCE DOES NO T DO: 1. Change in business activity or ownership is not affected by this ordinance. 2. There are no specific improvements required by this ordinance. 8 CHAPTER 40 - DOWNTOWN HISTORIC DISTRICT ON s~ LINC k. I -, PO&'1' OI~I~E .. HAYES CLINIC feet IOO . OSWAL ST DHD (DOWNTOWN HISTORICAL DISTRICT MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director Vacation of Public Right-of-Way to Accomplish Realignment of Country Club/Oregon Way at Hwy 214 June 23, 1994 Attached is a copy of the Public Works memo and recommendation presented to the city council in the last meeting. Public Works staff will present answers to the questions, including ODOT funding issues, to the city council in the public hearing of June 27, 1994. Note: In response to council's questions on the plaza entrance, some options are being analyzed and it appears that some modifications are possible without causing unacceptable traffic problems. These options will be presented to the council in the public hearing. GST:Ig Attachment: Public Works memo by Randy Scott dated June 10, 1994 and attachments CC0Rt/AY. CC 1'0: · FROM~ SUBJECT: DATE: City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Director Country Club Road Right-of-Way Vacation (in conjunction with the Country Club/Oregon Way Realignment) ~ June 10, 1994 RECOMMENDATION: After public hearing, council proceed by motion, to instruct staff to prepare an ordinance vacating the public right-of-way as shown on Attachment 'A' and described on Attachment 'B", subject to the following conditions: 1. That a utility easement be retained over a portion of the right-of-way to be vacated as shown on Attachment 'C' and described on Attachment 'D". 2. That a replacement right-of-way be deeded to the City of Woodburn as shown on Attachment 'E" and described on Attachment "F". BACKGROUND: A. Location: The proposed public right-of-way to be vacated is located at the intersection of Rainier Road and Country Club Road and extending south to a point 20 feet north of Oregon State Highway 214, as shown on Attachment 'A'. A description of the area to be vacated is provided on Attachment 'B". B. Current Land Use and Zoning: The property surrounding the area to be vacated is zoned CG Commercial General. The existing land use and zoning will not change by vacating the proposed right-of-way. However, by rededicating the replacement right-of-way, a small portion will border Single Family Residential rather than the existing Commercial General. C. Current use of right-of-way proposed for vacation: The right-of-way proposed for vacation is improved with a paved surface, curbs and city maintained infrastruc- ture. A utility easement will be retained for the existing city maintained infrastructure, the existing paved surface will be abandoned. D. Transportation needs: By vacating this portion of the public right-of-way and deeding to the city the replacement right-of-way aligning with Oregon Way, transportation needs of the public will be improved, eliminating one traffic signal and providing better traffic flow. .130 / A. ORS 271 provides for a governing body to vacate a public right-of-way / its own motion. The Woodburn City Council initiated the process by motion on May 9, 1994, and set the public hearing date by Resolution 1233. The hearing date was set for June 13, 1994. B. The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed in ORS 271.080, object in writing. As of this date, no property owner within the affected area has submitted an objection. Attachment "G" shows the affected area. C. Notice of the public hearing has been given as provided in ORS 271.110. D. ORS 274.160 provides for the governing body to make the vacation conditional or to take effect only upon the consummation of rededication. Condition No. 2 within the recommendation requires that the replacement right-of-way be deeded to the city. E. ORS 271.1 60 requires the proposed manner of rededication to be included. This is shown as Attachment 'E" and described on Attachment "F". F. The vacation meets all other state and local guidelines concerning street vacation. CONCLUSIONS: 1. With the rededlcation of the replacement right-of-way and improvements to city standards, there are no transportation needs for the property proposed to be vacated. 2. The proposed vacation of the public right-of-way and the rededication of the replacement right-of-way will improve Public transportation needs. 3. As of thi's date, objections sufficient to stop the process have not been filed by property owners within the affected area. A'I-I'ACHMEHTS: 'A' - Location map of area to be vacated 'B" - Description of area to be vacated · 'C' - Location map of utility easement "D' - Description of utility easement 'E" - Location map of area to be deeded to the city "F" - Description of area to be deeded to the city 'G' - Map showing the affected area CCRTVAC.CC ATTACHMENT "A" _ SUBJECT AREA' VICINITY' MAP ! ! ,STATE HIGHWAY 214. ATTACHMENT "B' Beginnlng at a point on the West line of Lot 1, Block 55 of Woodbum Senior Estate~ No. 6 in Section 12, Township 5 south, Range 2 West of Willamette Meridian, Marion County, Oregon, said point being north 00'12'21' West 20.01 feet from the Southwest comer of said Lot 1, Block 55; thence north 00'12'21' West along the west line of sald Lot 1, 96;97 feet to the northwest comer of sald Lot 1; thence south 88°45'37' East along the north llne of sald Lot I 35.83 feet; thence north 50'28'07' West leaving the north line of sald Lot 1, 48.41 feet; thence north 88'45'37' West 58.61 feet to a point on the west right-of- way line of Country Club Road; thence south 00'12'30' East along the west right-of-way line 127.03 feet; thence south 88°48'20- East 60.01 feet to the place of beglnnlng and contalnlng 8,136 square feet of land. A'i'FACH MENT "D" Beginning at a point on the north line of oregon State H~ghway 214, said point being south 88'47'13' East, 56.37 feet from the southwest corner of Lot 1, Block Ii5 of Woodbum Senior Estates No. 6 in Se,:tion 12, Township 5 South, Range 2 We~t of the Willamette Meridian, Marion County, Oregon; thence northeastedy, leaving said north line, 49.77 feet along the arc of a 30.00 foot radius curve to the left, through a central angle of 95'03'09' (the chord of which bears north 43'41'13' East, 44.26 feet); thence south'.43'41'13' West, 44.26 feet to the place of beginning. _SUBJECT AREA VICINITY' MAP LOTI ~.OCK ~5 E'$1'ATE$ No. G ATTACHI REPLACEMENT RIGHT-OF-WAY TO BE REDEDICATED . RA /N/~mR ~ HIGHV/A Y LOT2 BLOC, K ,,~5 ATTACHMENT 'F" Beginning at a point on the North line of Oregon State Highway 214, said point being south Senior Estates No. 6 in Sec'don 12, Township.5 South, Range z wesz o~ ~ne w.~arnetze Marion Court Ore °n~ thence northeasterly, leaving sald north line, 49.77 feet Meridian, ty, g . , along the arc of a 30.00 foot radius curve to the left,_ _t~r_o_ug.h 8,.cern ~t~,l angle.? (the chord of which bears north 43'41'13' East, ~.oz6 tee~, menoe norm u= ou West, 15.33 feet; thence northwesterly 56.97 feet along the an= of a 70.00 foot redlus curve to the left through a central angle of 46'37'45' (the ch~rd of which beare north 27'09'14' West 55.41 feet); thence north 50'28'07' West to the north:line of said Lot 1, Block 55, 32.69 feet; thence south 88'47'37' East along the said nqrth line of Lot 1 114.20 feet to the northeast comer of Lot 1; thence south 00'03'10' East along the east llne of sald Lot 1,116.91 feet to a point on the north line of Oregon State Highway 214; thence north 88'47'23' West 93.*.~. feet to the place of beginning and contalning 8,787 square feet of land. 8R ATTACHMENT "G" SB 177OO 152O0-- 28 .a .a IS: mmo laa(x) 18q STATE' ,,,o MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Community Development Director Planning Commission Recommendation/SPR 94-01 Sandwich Express June 23, 1994 At the conclusion of the May 23, 1994 Council hearing on the Sandwich Express land use application (SPR 94-01/VAR 94-03), the council remanded the record in this matter back to the Planning Commission for review and recommendation. The Planning Commission addressed this issue at their regularly scheduled meeting of June 9, 1994. After review and discussion of the record, the commission recommended the city council approve the Sandwich Express site plan at the June 13, 1994 council meeting. Since the council continued the discussion of the commission's recommendation until June 27, 1994, it will be necessary to bring your packet relative to the Sandwich Express that was distributed to you at the last council meeting (June 13). After council deliberation, it will be necessary to direct staff, by motion, to prepare a proposed ordinance, with findings and conclusions, for consideration and adoption by council at its next meeting. * NOTE: PLEASE DON'T FORGET TO BRING YOUR SANDWICH EXPRESS INFORMATION FROM THE LAST COUNCIL MEETING!! STEVE\#EHOS\SA#D.EXP 10A MEMO TO: Mayor and Council THROUGH: FROM : DATE : SUBJECT: City Administrator Childs Mary Tennant June 23, 1994 Year-end appropriations adjustments Review of budgetary expense reports show that the Park and Recreation Capital Improvement Fund needs a budgetary transfer of appropriations prior to the close of the 1993-94 fiscal year. Oregon Revised Statutes allow for appropriation transfers within the fund after the budget has been adopted. In this particular case, consulting fees for the new swimming pool were not anticipated last summer when the budget was adopted, therefore, appropriations within the Aquatic Center portion of the CIP fund were minimal. It is anticipated that $60,000 in consulting fees will have been paid from the 1993-94 budget, which will reduce the overall engineering fees to be paid from the Aquatic Construction Fund in 1994-95. Since there has been minimal activity involving Centennial Park during fiscal year 1993-94, it is proposed to transfer a portion of those unexpended appropriations to the Aquatic Center portion of the CIP Fund. Centennial Park activities are rebudgeted for expenditure during fiscal year 1994- 95. IOA COUNCIL SILL NO. t5:9 RESOLUTION NO. ~ RESOLUTION ~UTHORIZING THE TI~NSFER OF I~PPROPRI~TIONS WITHIN ~ FUND DURING FISCAL YEP, R L993-94o NHERF2%S, O~egon Revised Statutes 294.450 a11owsthe transfer of aDDroDriations within a fund after the budget has been approved and d~in~ the year in which appropriations are made, now, therefore, THE CITY OF NOODBURN RESOLVES ~B FOLLOWS= Section 1. That the following budgetary transfer of appropriations within the Park and Recreation .Capital Improvement Fund are hereby authorized to meet estimated operational expenditures: PARK AND RECREATION CAPITAL IMPROVEMENT FUND: Transfer From: Centennial Project - Materials & services NOC (064-645-658.000) Capital Outlay (064-645-722.001) Transfer To: Aquatic Center - Materials & Services (06~-~-631/~9~ Approved as to Form.'~'~/~ ~ City Attorney $ 5,000 42,000 D[ ~ 47,000 APPROVED LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page i - COUNCIL BILL NO. ORDINANCE NO. lOB MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager,~ Supplement to Intergovernmental Agreement for Traffic Highway 214/I-5 Interchange June 20, 1994 Analysis at RECOMMENDATION: Approve the attached Resolution entering into a supplement to an intergovernmental agreement which reimburses the City for professional engineering services contracted for performance of additional analysis of the Highway 214/I-5 interchange. BACKGROUND: A traffic study concerning the Highway 214/I-5 interchange was conducted for the City's Transportation Task Force. The Oregon Department of Transportation (ODOT) had some questions about the study that required further analysis beyond the scope of the original consultant study. Through negotiation with ODOT, an agreement was reached for the state to reimburse the City for the cost of the additional analysis. The Woodburn City Council approved entering into the agreement for study reimbursement on March 14, 1994 and the agreement was signed by the State on April 15, 1994. In the agreement a time limit of 10 weeks from the date of execution was set. The consultant doing the study has experienced delays primarily associated with coordinating data used with ODOT. The City asked for a time extension and the state agreed to extending the completion time by five weeks. The attached resolution authorizes the mayor and city recorder to sign the supplemental agreement extending the time period for the agreement. Staff recommends its approval. lOB COUNCIL BILL NO. /~ RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT SUPPLEMENTING INTERGOVERNMENTAL AGREEMENT #12,399 CONCERNING A COMPLETION TIME EXTENSION FOR PROFESSIONAL TRANSPORTATION ENGINEERING ANALYSIS ASSOCIATED WITH THE HIGHWAY 214/I-5 INTERCHANGE AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS,, ORS Chapter 366 authorizes intergovernmental agreements between the State and a City for performance of projects, and WHEREAS,, The Woodburn City Council approved Resolution 1224 on March 14, 1994 authorizing entering into Intergovernmental Agreement #12,399, and WHEREAS,, The State of Oregon signed Intergovernmental Agreement #12,399 on April 15, 1994, and WHEREAS, , It is in the best interest of the city to enter into a supplemental agreement extending the completion time for engineering analysis of the Highway 214/I-5 Interchange; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a supplemental agreement to Intergovernmental Agreement #12,399 which is attached as Exhibit "A" and by this reference incorporated herein with the State of Oregon to extend the completion time for professional transportation analysis associated with the Highway 214/I-5 interchange. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Page 2 - COUNCIL BILL NO. RESOLUTION NO. Approved as to form: City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - COUNCIL BILL NO. RESOLUTION NO. lOB June 14, 1994 MiScellaneous Contracts & Agreements SUPPLEMENT NO. 1 INTERGOVEIhNMENTAL AGREEMENT #12,399 The State of Oregon, acting by and through its Department of Transportation (State) and the City of Woodbum (City) entered into Intergovernmental Agreement//12,399 on April 15, 1994. Said agreement concerns performing professional transportation engineering services in connection with the analysis of tra~¢ operations and refinement of future travel demand forecasts associated with the Highway 214/I-5 Interchange in Woodbura, Oregon. State and City have now determined that the aforementioned agreement, although remaining in full force and effe~ shall be amended by this agreement to extend the time for completion of the transportation engineering services. This supplementation is provided for in the original agreement, page l, Recitsls, paragraph 3, restated below. Any further reference to the aforementioned Agreement No. 12,399 shall be supplemented to show the following: RECITALS, paragraph 3, which reads: 1. The terms of this agreement shall be in effect fron~ the date of final execution by both Parties, for a poriod often weeks. This agreement may be amended and/or extended at that time by mutual consent of both parties in the form of a.written modification signed by all parties. Shall be amended to read: The terms of this agreement shall be in effect from the date of final execution by both parties, for a period of fifteen weeks. This agreement may be amended and/or extended at that time by mutual consent of both parties in the form ora written modification signed by all parties. "EXHIBIT A" " lOB SUPPLEMENT NO. 1 INTERGOVERNMENT~ AGREEMENT #12,399 Page 2 IN WITNESS WHEREOF, the parties hereto have set their hands and affaxed their seals as of the day and year hereinafter written. The Oreson Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf, of the Commission, Said authority has been delegated to the Region Manager, pursuant to Subdelegation Order HWY-6, paragraph 6. CITY OF WOODBURN, by and through its Elected Officials STATE of OREGON, by and throUgh its Department of Transportation By By Date Mayor City Recorder By Date Region Manager APPROVED AS TO LEGAL SUFFICIENCY By Date Asst. Attorney General 10C TO: FROM: D/~TE: SUBJECT NAYOR AND CITY COUNCIL NANCY GRITTA, FINANCE DIRECTOR JUNE 23, 1994 INVESTMENT POLICY In your packet is a resolution for adoption of an investment policy and selection criteria for financial institutions and brokers/dealers. Recent developments in interest rates and the receipt of our Aquatic Center bond funds has increased our attention to details designed to minimize risk in our investment policies and procedures. The resolution in your packet expands our existing investment policy. Several measures are added which should decrease risk, such as increasing rules concerning diversification. Another feature which will decrease risk is the selection criteria for financial institutions and broker~, We have many approach us anxious to do business, and we feel it is mandatory that they verify their credentials and that they understand the City's investment policy and needs, as well as State law concerning municipal fiscal matters. This Dolicv also stresses the need for a safekeeDinq or institutional custody a~reemen~, This is a special account available within certain banks. The bank acts as a independent "holding company" for City investments purchased from outside sources. This means before the bank releases City funds, it has validation that the investment has been made in the name of the City. In addition, the bank retains control of the investment, such that given any dispute, the bank as an independent party, is in possession of the asset. Be assured that the City, in accordance with ~tate law, only invests in extremely safe investments. These are investments which are either insured, have the ~uarantee of an institution with imDeooable credit {such as the U. S. Treasury), ~d/O~ have several sources of collateral. They are short-ter~m ~nother ~act0~ w~ch decreases risk. 10C COUNCIL BILL NO. RESOLUTION NO. ~ RESOLUTIONADOPTING~%NINVESTHENTPOLICY, SELECTION CRITERIA FOR QU~T, IFIED FINI%NCI~, INSTITUTIONS ~ BROKERB/D~ERSv liND ~UTHORI$ING THE FIN]tNCE DIRECTOR TO ESTABLISH ~%N INSTITUTIOITAL CUSTODY ~GREEHENT. WHERE~B, the city of Woodburn manages its financial resources in order to meet services needs, comply with statutory requirements for budget and financial services, and protect the public's interest and welfare; and WHEREAS, the investment guidelines of the city of Woodburn are an important tool in preserving and enhancing investment capital as a financial resource; and WHEREAS, the prudent observance of sound investment guidelines concerning internal control, diversification, collateralization, performance, and other factors will maximize earnings with protection of principal; NOW THEREFORE, THE CITY OF NOODBURN RESOLVES AS FOLLOWS~ Section 1. That the #Investment Poli~t# and -Selection Criteria for Qualified Financial Institutions" be adopted, copies of which are attached, and the Finance Director be authorized to establish an Institutional Custody Agreement. Approved as to form: City Attorney ~ Bate 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 10C CITY OF WOODBURN ~NVESTMENT POLICY ~ PORTFOLIO ~U~DEL~NE~ These investment policies apply to all cash-related assets included within the scope of the City's audited financial statements and held directly by the City. Funds will be invested in compliance with OR~ 294.035 through 294.048; ORS 294.125 through 294.1§§; ORS 294~810, o~her applicable statutes, these policies and written administrative procedures. Investment of any tax exempt borrowing proceeds and any debt service funds will comply with State and Federal law. The Finance Director shall be the investment officer of the city and shall be responsible for investment.decisions and ~c~ivities, under the direction of ~he City Administrator. Admlnlst~ative p~ocedures for the operation of the investment program, consistent with this investment policy, shall be establi~9_~Y .th? Financ? Director. The Finance Director hasthe responslDl~l=y =o nave casn available to meet day-to-day demands; and invest all cash, including bond proceeds and equipment replacement reserves, while adhering to applicable statutes, regulations, and this policy governing investments. INVESTN___~ OBJECTIVES~ In order to secure a safe and reasonable return on investments, the city's investment objectives are: SAFETY - The primary objective activities is the Preservation of of investment principal. of Woodburn's investment capital and the protection The City will diversity its investments to avoid incurring unreasonable risks inherent in overinvesting in specific security types, individual financial institutions, or maturities. LEGALITY - Funds will be deposited and invested in accordance with federal, state, and other legal requirements. LIQUIDITY - The city's investment portfolio will remain sufficiently liquid to meet operating requirements which might reasonable be anticipated such as payroll, accounts payable, and debt service. l)qe I - Cb/~ Woodburn Invesm~nt Policy 10C YIELD- The city will attain a market rate of return throughout budgetary and economic cycles. The city will not assume unreasonable investment risk to obtain investment income. PRUDENCE: The standard of prudence to be applied shall be the "prudent person" rule, which states: -Investments shall be made with judgement and care - under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived". The prudent person rule shall be applied in the context-of managing the overall portfolio. Investment officers acting in accordance with.written procedures ..... '-=-- ~"e dili"ence shall be relieved of personal and ex~r~,~ ~ ~ , responsIbility for ~n indiv%dual security s credit risk or market price changes, provlded devlations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. [I~SRN~., COI~'RO~8= The Finance Director shall establish a system of internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds due to fraud, error, misrepresentation, unanticipated market changes, or imprudent actions. INFESTM~NT MATURITY ~.---~- ~1 be considered short term except those reserved fo~ ~i%~r~ct, (i.e. bond sale proceeds) and spec~al_assessm~n~ DreDavments being held for debt retirement. Excep= zor spec~a~ ~it~a%ions, as directed by the investment officer, investments will be limited to maturities not exceeding lS months. The following schedules are guidelines for investment of operating funds: MATURITY SCHEDULING Under 30 days Under 90 days Under 180 days Under 360 days Under 18 months 10% Minimum 25% Minimum 75% Minimum 90% Minimum 100% Minimum pqc 2. ~t,~ oi' Woodb~n ~ Pollc~ 10C COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS Before the city invests any surplus funds, competitive quotes will be obtained bytelephone. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, quotes will be requested for instruments which meet the maturity requirement. If no specific maturity is required a market trend (yield curve) analysis will be conducted to determine which maturities would be most advantageous. Quotes will be requested from financial institutions for various options with regards to term and instrument. The City will accept the quote which provides the highest rate of return within the maturity required and within the perimeters of these policies. authorized Financial Institutions and Dealers The Financial Director will maintain a list of institutions and securities dealers which have met financial the City's selection criteria and are authorized to provide investment services. The City will limit all investment activities to the institutions on this list. Written procedures and criteria for selection of financial institutions and securities dealers will be maintained by the Finance Director. ~ECURITY SELECTION Maximum percentages of securities listed below have been set based on the assumed risk factors for each security. All securities are also included in the list of "U.S. Government and Agency Securities for Local Government Investments under ORS 294.035 and 294.040." U.S. Treasury Bills, Notes, Bonds, Strips U.S.Government Agency Securities and Instrumentalities of Government Sponsored Corporations Oregon Local Government Investment Pool Banker's Acceptances, Oregon-Issued Repurchase Agreements Certificates of Deposit (Commercial Ban~s in oregon insured by FDIC) Commercial Paper Financial institution, holding company or business enterprise headquartered in Oregon; A-1 and P-1 only; maximum 60 days maturity Certificates of Deposit (Savings and Loan Associations in Oregon which meet Federal capital requirements and are insured by FSLIC) 100% Maximum 100% Maximum 100% Maximum 40% Max~ 25% Maxinum 25% Max/mm 25% ~ 10% ~ State of Oregon and Local Government Securities with AA ratings or better 25% M~Jmm 10C DIVERSIFICATION BY FIN/%NCIAL INSTITUTIONS The combination of CD's, BA's Repo's and CP may not exceed 25% of the total portfolio with any one financial institution. Banker's Acceptances (BA's) Not more than 25% of the total portfolio with any one institution. Commercial Paper (CP) -Businesses in Oregon No more than 10% of the total portfolio with any one corporate entity. Certificates of Deposit (CD's) - Commercial Banks No more than 15% of total portfolio with any one financial institution. Certificates of Deposit (CD's) - Savings & Loan Associations No more than 5% of the total portfolio with any one institution. Repurchase Agreements (REPO's) No more than 10% of the total portfolio with any one institution, State and Local Government Securities No more than 15% of the total portfolio in any one entity. State of Oregon Investment Pool Not to exceed $20 million ($10 million per account) with the exception of pass-through funds (in and out within 10 days). U. S. Government Agencies No more than 40% of total portfolio in any one agency. S~FEKEEPING AND COLL~TNRALIZATION~ Investment securities will be deliveredbyeither book entry or physical delivery, and held in third party safekeeping by a ~ank designated as primary'~gent. The trust department of the bank designated as primar~ agent wi}l be consipe~ed to be a third party for the purposes cz safekeeping of securities purchased from the bank. ~he purchase and sale of all securities will be on a payment versus delivery basis. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information. Repurchase agreements longer than three days require third party safekeeping. All repurchase agreements require a master repurchase agreement. Deposit-type securities (i.e., certificates of deposit) shall be collaterized through the State collateral pool as required by ORS for any amount exceeding FDIC or FSLIC coverage. Other investments shall be collaterized by the actual security held in safekeeping by the primary agent. 10C Time certificates of deposits will be protected by third party custodial safekeeping. Bearer securities shall be protected by third party custodial safekeeping. Treasuries, agency discount notes and bonds, and bankers acceptances shall be secured through third party custody and safekeeping procedures. REPORTIN~ REOUIREMENTS~ The Finance Director will generate monthly reports for management purposes. This report will detail monthly investment activity including type of investment, rate of return, settlement date, and maturity date, and broker. INDEHNITY CLAUSE~ The City will indemnify staff from personal liability for losses that might occur pursuant to administering and while acting in accordance with the investment policy. pERFORMANCE EVALUATION~ The performance of the City's portfolio shall be measured against the performance of the State of Oregon Local Government Investment Pool. POLICY REVIEW: This policy shall be reviewed and modified, if appropriate, on an annual basis by the Woodburn City Council unless market conditions or operations warrant an earlier review. p~ 5 - c~y c~ Woo~e,em Inve~m~t l'c~y 10C Time certificates of deposits will be protected by third party custodial safekeeping. Bearer securities shall be protected by third party custodial safekeeping. Treasuries, agency discount notes and bonds, and bankers acceptances shall be secured through third party custody and safekeeping procedures. ~PORTING REOUIREMENTS~ The Finance Director will generate a monthly report for management purposes. This report will detail monthly investment activity including type of investment, rate of return, settlement date, and maturity date, and broker. IND~ITY CL~UHE~ The City will indemnify staff from personal liability for losses that might occur pursuant to administering and while acting in accordance with the investment policy. ~_~O~awCE EV2%LU~TION~ The performance of the City's portfolio shall be measured against the performance of the State of Oregon Local Government Investment Pool. FOLICY REVIEW: This policy shall be reviewed and modified, if appropriate, on an annual basis by the Woodburn City Council unless market conditions or operations warrant an earlier review. 10C C~T¥ OF WOODBURN SELECT~ON CR~TER~ FOR ~U~IFIED FIN~C~AL INSTITUTIONS ~ BROKERS/DEALERS The Finance Director shall maintain a~ approved list of financial institutions and broker/dealers with which the City does investment transactions. Firms on We al fied list for inv ent.m t mee minimum criteria defined below. F1..rms fa~l~g t~.meet .~-e .... ~ {- ~e 4ud~ement of the C~ty, fa~£ =o o==er a=equa=e · · anks and Savln and Loans City, will be removed from the list. B . g . ,,, ~om,~v,~ eo ~]edce collateral on all investments pursuant to ~lty ~nd ~%~t;~a~%-~-~ c-o-mp=l~-te~dFinancial Institution and Broker/Dealer questionnaire and Certification must be on file with the City before conducting investment business with the City. I. Selection Criteria for Banks A. Must be a qualified public depository as prescribed by Oregon State law (ORS 295.005 (4) and 295.025), and must meet or exceed the requirements outlined therein. B. Must be insured by the Federal Deposit Insurance Corporation (FDIC). C. Short term ratings must be P2 or better. Long term ratings must be A or better from Moody's Investors Service, or it's equivalent rating by one of the recognized rating agencies such as Stand & Poor's, Fitch Investors Service or Duff & Phelps. II. Selection Criteria for Saving and Loan Associations A. Must be aqualified public depository as prescribed by Oregon State law (ORS 295.005 (4) and 295.025), and must meet or exceed the requirements outlined therein. B. Must be insured by the Federal Savings and Loan Insurance Corporation (FSLIC). C. Must maintain regulatory capital (excluding reserves) of at least $2 million, and as a percent of total assets of at least 3 percent. III. Selection Criteria for Brokers/Dealers. A. Must be regulated by the Securities and Exchange Commission (SEC). B. Must be a member in good standing with the National Association of Securities Dealers, Inc. (NASD). C. Must be licensed by the State of Oregon. Must be located in Oregon. Ail sales personnel dealing with the City must work out of the Oregon office. D. Must maintain continuous compliance with the Federal Reserve capital adequacy guidelines, and agree to immediately notify the City whenever the firm's capital position falls short of the capital adequacy standard. 10C CITY OF ~OODBURN FIN'ANC~L INSTITUTION BROKERS/DF~LERS ~UEST~ONI~IRE~NDCERTIFIC~TION 1. Name of Firm: 2. Address: (Local) (National offices) 3. Telephone Number: (Local) ( (National offices) (Local Fax) ( 4. Primary representative/manager/partner-in-charge: Name and Title: Name and Title: 5. Identify all personnel who will be trading with or quoting securities. ( 6. Please indicate which agents of your firm's licensed, certified or registered, and by whom: BrQker/Dealer/Aaent Licensed or Reoistered by local offices are 10C 7. Which of the above personnel have read the city's investment policies? 10. 8. Which instruments are offered regularly by your local desk? ( ) U.S. Treasury Securities ( ) Bills ( ) Bonds ( ) Strips ( ) Federal Agency Securities ( ) Commercial Paper ( ) Repurchase Agreements ( ) Bankers' Acceptances ( ) Domestic ( ) Foreign ( ) Certificate of Deposit ( ) Other (Specify) 9. Please identify your public sector clients in our geographical area. Entity Contact ~erson Telephone Client Since ( ) ( ) ¢ ) ( ) ( ) Have any of your public sector clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. Has your firm ever been subject to a regulatory or state or federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of government securities or money market instruments? Explain. Have any of your employees ever been so investigated? Explain. 10C 12. 13. Has your firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? ( ) Yes ( ) No As of this date, does your firm's capital position ( ) Comply with the guidelines I I Exceed the guidelines fall below guidelines (if so, by what factor?) Do you participate in the Securities Investor Protection Corporation (SIPC) insurance program? 14. What portfolio information do you require from your clients? 15. What reports, transactions, confirmations and paper trail will we receive? Please include current financial statements and samples of reports that your firm regularly provides to public-sector clients. IOD MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Ordinance to Ado_ot 1994-95 City Budqet June 23, 1994 RECOMMENDATION: Approve Council Bill No. 1561 (Ordinance Adopting 1994- 95 Budget, Making Appropriations and Levying Taxes). BACKGROUND: This ordinance represents the final step in the city's budget process for Fiscal Year 1994-95, Council adoption of the budget. Deliberations began in January, the budget was approved by the Budget Committee on February 10, 1994, a bond levy was approved by voters on March 22, 1994 and the annual operating levy was approved by the voters on May 17, 1994. In addition, as part of the public process involving local government budgets and finances, public hearings were held on this budget on both May 9, 1994 and June 13, 1994. in the four plus months since approval of the budget by the Budget Committee, additional information and further developments have occurred that necessitate some year-end adjustments to most clearly reflect the city's budget status at this point. Within certain parameters, it is the governing body's prerogative to make such adjustments in adopting the budget. These parameters dictate that there can be no increase in the amount of any approved tax levy and that budgetary appropriations for any fund (based on additional non-tax revenues identified) cannot be increased by more than 10%. Each of these parameters have been carefully considered as the necessary adjustments were made. These year-end adjustments are summarized as follows: - Police "BJA Grant" item (General Fund Resources) has been revised to instead reflect a Byrne Foundation grant and cash dollars due from other agencies participating in the grant project. This facilitates the "Intervention Specialist" positions described below. - Police Department personal services categories are adjusted to reflect success of grant applications. The city failed to receive a federal BJA grant which would have added two sworn officer positions. As discussed during budget committee meetings, the budget has been reconfigured to utilize the city's matching portion to add one of the two positions. The police department has been successful in being awarded a $30,000 grant from the Edward J. Byrne Foundation. Added matching funds from the city ($5,000), the Woodburn School District and the Marion County Juvenile !OD Page 2 - Ordinance Adopting Budget (6/23/94) Department will be combined to create two 10-month Intervention Specialist (counselor) positions. The budget reconfiguration also reflects some funds set aside for possible future consideration of certain mid and upper level management salary adjustments to maintain appropriate parity with union-represented positions in the department. - City hall maintenance area has been reconfigured to reflect intergovernmental transfers from Parks, Library and WVVTP to facilitate a citywide "facilities maintenance division" as described to the Council in a June 8, 1994 memo. This is · cost-neutral adjustment to facilitate all custodial personnel being paid from this department. - General Fund transfer to 9-1-1 Fund is increased slightly, along with assessments to other user agencies, to reflect changes in call volume, the basis for assessment computations. Original computations anticipated that Mt. Angel Ambulance would join the user group, adding additional call volume; a development which did not occur. In terms of the 9-1-1 Fund itself, this is a cost-neutral change. - Library working capital carryover is increased by the maximum 10% as a result of the earthquake damage repair project not being accomplished during F.Y. 1993-94. These unspent funds must be carried forward to accomplish the project during 1994- 95. The Library building repair item is correspondingly increased by the maximum allowable 10% to allow for the higher appropriation level necessary for the project to occur during the new fiscal year. As previously noted, cost-neutral adjustments are made in personal service categories to reflect the reconfigured janitorial/maintenance program. - A youth employment grant has been deleted from the Recreation & Parks budget. This is cost-neutral; equal reductions have been made in both revenue and expense appropriations. This program has been picked up on a broader scope within the community by the Woodburn School District. As previously noted, cost-neutral adjustments are made in Recreation & Parks personal service categories to reflect the reconfigured janitorial/maintenance program. Intergovernmental transfer from Wastewater Fund to General Fund is increased by $5,000 to reflect the reconfigured janitorial/maintenance program. Also, $12,000 is added to sewer line equipment item to fund purchase of equipment necessary for e confined space rescue team (for compliance with OSHA regulations). Both items are to be funded from additional working capital carryover identified at year-end. - Two successful grant applications will be reflected in T & E Fund resources and Planning Department budgets. One, a transportation planning grant for $35,000 will 10D Page 3 - Ordinance Adopting Budget (6/23/94) be utilized for consulting services to assist in completion of a citywide transportation plan, The grant amount will be matched with $20,000 in additional working capital carryover identified at year-end, to keep all transportation planning expenses in one area, Additional grant matching requirements will be met through staff time already otherwise budgeted, The second grant, an LCDC grant for up to $13,500, will be ' used to fund a limited-duration inventory technician position to update mapping and cartographic data, - Due to the ongoing Wastewater plant alternative selection process, an additional $2500 in printing, publication and postage expense is included in the Public Works administration area, offset by a corresponding increase in T & E Fund working capital carryover. Additional upward adjustment of working capital carryover estimates in the Water, Wastewater and T & E Funds, respectively, is included for the purpose of possible future consideration of certain mid and upper level management salary adjustments to reflect changes in position duties or responsibilities. Aquatic Center Construction Fund (Fund #59; added during budget process) is reconfigured to reflect pool bond proceeds received in FY 1993-94 and carried forward as Working Capital Carryover to the new fiscal year. Bond sale proceeds were originally anticipated to be received in FY 1994-95. The fund reflects an additional $126,393, over original estimates, from bond sale proceeds and donations. These are reflected by corresponding expense adjustments to construction costs and A & E costs as now established by contract. - The Bonded Debt Fund contains an adjustment of $4,682 to pay for first year interest on aquatic center bonds, While the city, overall, is in generally good fiscal "shape", we have struggled through an unusual fiscal year with several significant and/or unanticipated factors that have made predicting budgetary appropriations difficult. The city has not looked at a "supplemental budget" for several years, but it is possible that one may be become necessary during F.Y. 1994-95 to ensure that several issues can be properly accomplished and reflected in the budget. A supplemental budget can deal only with expenditures that are offset by a corresponding amount of additional non-tax revenues. Two areas where this may become necessary concern funding for the replacement of HVAC (heating, ventilation, air conditioning) systems in the city hall and the library, as well as a sewage pumping system for the city hall basement. Copies of the full line item detail of the adopted budget must be furnished to county assessment and taxation officials by July 1§, 1994. Subsequent to that date, additional detail can be provided or discussed with Council members upon request. IOD COUNCIL BILL NO. /~"/~/ ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 1994-95, MAKING APPROPRIATIONS, LEVYING TAXES, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the budget for fiscal year 1994-95 is hereby adopted as set forth below. Section 2. That the taxes levied for fiscal year 1994-95, beginning July 1, 1994 as provided for in the budget adopted in Section 1 of this ordinance in the aggregate amount of $3,073,219 and that these taxes are levied upon all taxable property within the City as of 1:00 a.m. July 1, 1994. The following allocation and categorization subject to the limits of Section 1 lb, Article XI of the Oregon Constitution make up the above aggregate levy: Subject to the Excluded from General Government the Umitation Umitation Tax Base (General Fund) One-Year Operating Levy - (General & Transit Funds) Library Continuing Levy Parks Continuing Levy Bonded Debt Fund $ 209,060 $ 0 1,577,413 0 ~, ~. ~.,643 0 655,815 0 0 186,288 Category Total 2,886,931 $ 186,288 TOTAL LEVY $ 3,073,219 Section 3. That the amounts for fiscal year 1994-95, and for the purposes shown below, are hereby appropriated as follows: Page I - COUNCIL BILL NO. ORDINANCE NO. IOD GENERAL FUND -- City Council and Mayor City Administrator's Office Municipal Court City Attorney's Office Finance/City Recorder's Office Police Department City Hall Maintenance Non-Departmental - Materials & Services Non-Departmental - Capital Outlay Interfund Transfer -Tech. & Envir. Services Fund Interfund Transfer Interfund Transfer Interfund Transfer Interfund Transfer Interfund Transfer - R.S.V.P. Federal Prgms Fund - Invest. & Seizure Fund - 9-1-1 Fund - Capital Project Mgmt Fund - Aquatic Construction Fund Interfund Transfer - Library Fund Operating Contingency TOTAL GENERAL FUND APPROPRIATIONS TRANSIT SYSTEM FUND -- City Transit System Interfund Transfer - Transit/DAR Eqp Repi Fund Operating Contingency Dial-a-Ride Program Interfund Transfer - Transit/DAR Eqp Repl Fund Operating Contingency 5,6OO 76,23O 53,036 46,610 97,522 ,671,579 86,845 94,560 47,107 83,130 25,874 1 O, 000 215,463 63,500 45,855 15,000 TOTAL TRANSIT SYSTEM FUND APPROPRIATIONS LIBRARY FUND -- Personal Services Materials & Services Capital Outlay Operating Contingency TOTAL LIBRARY FUND APPROPRIATIONS 78,265 3,000 2,000 54,585 1,000 1.500 313,605 130,843 83,406 $2,727,918 $ 140,350 $ 540,279 Page 2 - COUNCIL BILL NO. ORDINANCE NO. 1OD PARK AND RECREATION FUND-- Administrative Services Parks & Facility Maintenance Leisure Services Swimming Pool Non-Departmental - Materials & Services Non-Departmental - Capital Outlay Operating Contingency $ 157,025 295,453 176,965 81,633 20,360 5,000 19.052 TOTAL PARK & RECREATION FUND APPROPRIATIONS COMMUNICATIONS FUND-, 9-1-1 Communications 9-1-1 Development Operating Contingency 491,256 30,500 165.042 TOTAL 9-1-1 COMMUNICATIONS FUND APPROPRIATIONS INVESTIGATION AND SEIZURE FUND -- Material & Services TOTAL INVESTIGATION & SEIZURE FUND APPROPRIATIONS 755,488 686,798 20,847 W.E.L.L. HEALTH PROGRAM FUND-- Materials & Services $ 1.830 TOTAL W.E.L.L. HEALTH PROGRAM FUND APPROPRIATIONS STATE REVENUE SHARING FUND -- Materials & Services Capital Outlay $ 78,284 37.154 TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS HOUSING REHABILITATION FUND-- Materials & Services Operating Contingency TOTAL HOUSING REHABILITATION FUND APPROPRIATIONS FI~DERAL PROGRAMS FUND (Retired Senior Volunteer Proaram) -- Personnel Services $ 59,039 Materials & Services 16,290 Capital Outlay 300 TOTAL FEDERAL PROGRAMS FUND APPROPRIATIONS Page 3 - COUNCIL BILL NO. ORDINANCE NO. 1,830 115,438 89,416 75,629 IOD CABLE FRANCHISE MANAGEMENT FUND -- CATV Access Program CATV Franchise Management $ 14,680 8.246 TOTAL CABLE FRANCHISE MANAGEMENT FUND APPROPRIATIONS ~TREET FUND -- Street Repair/Maintenance Street Cleaning Misc. Street Accounts -Mtls. & Services Interfund Transfer - Tech. & Envir. Services Fund Interfund Transfer - Street Equip. Repl/Res. Fund Operating Contingency $ 433,045 77,373 21,300 146,000 30,000 40.486 TOTAL STREET FUND APPROPRIATIONS BONDED DEBT FUND -- Debt Service - Principal Ensuing Year Debt Service - Interest Ensuing Year Debt Service - Principal 2nd Ensuing Year Debt Service - Interest 2nd Ensuing Year 342,627 127,553 165,000 TOTAL BONDED DEBT FUND APPROPRIATIONS BANCROFT BOND REDEMPTION FUND -- Debt Service - Principal Debt Service - Interest $ 301,310 TOTAL BANCROFT BOND REDEMPTION FUND APPROP. AQUATIC CENTER CONSTRUCTION FUND -- Materials & Services Capital Outlay Interfund Transfer - Bonded Debt Fund Debt Service - Bond Expense Operating Contingency 75,000 ,904,711 4,682 35,000 TOTAL AQUATIC CENTER CONSTRUCTION FUND APPROP. SPECIAL ASSESSMENT FUND -- Personnel Services Materials & Services Capital Outlay Debt Service - Bond/Assessment Expense $ 9,000 34,000 600,000 15.000 Page TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS 4 - COUNCIL BILL NO. ORDINANCE NO. 22,926 748,204 $ 661,797 $ 326,000 $ 2,146,393 $ 658,000 1OD SEWER CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay Interfund Transfer - Bonded Debt Fund Interfund Transfer - Wastewater Sys Devl Trust 47,914 76,539 27,738 285.147 TOTAL SEWER CAPITAL IMPRV. FUND APPROPRIATIONS WATER CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay Interfund Transfer - Bonded Debt Fund Interfund Transfer - Water Sys Devl Trust Interfund Transfer - Water Well Const. Fund $ 25,000 65,000 25,000 204,061 TOTAL WATER CAPITAL IMPRV. FUND APPROPRIATIONS STREET/STORM DRAIN CAPITAL IMPROVEMENT FUND -- Materials & Services Capital Outlay 10,000 638.548 TOTAL STREET/STORM DRAIN CAPITAL IMPRV. FUND APPROP. PARK & RECREATION CAPITAL IMPROVEMENT FUND -- Park Projects Centennial Park Aquatic Center 102,549 107,291 80.816 TOTAL PARK & RECREATION CAPITAL IMPRV. FUND APPROP. WASTEWATER TREATMENT PLANT CONSTRUCTION FUND -- Materials & Services $ 366,250 Capital Outlay 100.000 TOTAL W.W.T.P. CONSTRUCTION FUND APPROPRIATIONS WATER WELL CONSTRUCTION FUND -- Materials & Services Capital Outlay $ 25,000 54.000 TOTAL WATER WELL CONST. FUND APPROPRIATIONS CITY HALL CONSTRUCTION FUND -- Capital Outlay $ 12.749 TOTAL CAPITAL OUTLAY Page 5 - COUNCIL BILL NO. ORDINANCE NO. $ 437,338 339,061 648,548 290,656 466,250 $ 79,000 $ 12,749 CAPITAL PROJECT MANAGEMENT FUND -- Materials & Services Capital Outlay Operating Contingency $ 53,260 28,40O TOTAL CAPITAL PROJECT MGMT. FUND APPROPRIATIONS CITY GAS TAX FUND -- Materials & Services Capital Outlay $ 15,000 195.000 TOTAL CITY GAS TAX FUND APPROPRIATIONS WATER FUND-- Water Administration Meter Reading/Accounting Misc. Water Accts - Mtls. & Services Interfund Transfer - Tech. & Envir. Serv. Fund Interfund Transfer - Bonded Debt Fund Interfund Transfer - Water Equip. Repl/Res. Fund Interfund Transfer - Capital Proj. Mgmt. Fund Interfund Transfer - Water Well Construction Fund Operating Contingency Unappropriated Balance 639,103 125,228 17,800 211,000 7,630 30,000 4,500 20,000 28,053 20.000 TOTAL WATER FUND APPROPRIATIONS WASTEWATER COLLECTION & DISPOSAL FUND -- Treatment Plant Operations Sewer Line Maintenance Misc. Wastewater Accts. - Mtls. & Services Interfund Transfer - Tech. & Envir. Serv. Fund Interfund Transfer - Water Fund Interfund Transfer - WWTP Equip. Repl/Res. Fund Interfund Transfer - Bonded Debt Fund Interfund Transfer - Capital Proj. Mgmt. Fund Operating Contingency Unappropriated Balance $ 848,552 170,082 22,800 215,000 40,000 30,000 135,00O 3,400 19,166 10.834 TOTAL WASTEWATER COLL. & DISP. FUND APPROPRIATIONS WATER SYSTEM DEVELOPMENT TRUST FUND -- Capital Outlay 322.000 TOTAL WATER SYS DEVELP TRUST FUND APPROP. Page 6 - COUNCIL BILL NO. ORDINANCE NO. IOD $ 101,660 $ 210,000 $1,103,314 $1,494,834 322,000 IOD WASTEWATER SYSTEM DEVELOPMENT TRUST FUND -- Capital Outlay ~ 403.851 TOTAL WASTEWATER SYS DEVLP TRUST FUND APPROP. TRANSPORTATION IMPACT FEE FUND -- Capital Outlay TOTAL TRANSPORTATION IMPACT FEE FUND APPROP. STORM WATER SYSTEM DEVELOPMENT FUND -- Capital Outlay 25.000 TOTAL STORM WATER SYSTEM DEVLP FUND APPROP. 403,851 120,000' $ 25,000 WORKING CAPITAL FUND {Central Stores) -- Materials & Services 33.000 TOTAL WORKING CAPITAL FUND SELF-INSURANCE FUND -- Materials & Services TOTAL SELF-INSURANCE FUND APPROPRIATIONS TECHNICAL & ENVIRONMENTAL SERVICES FUND -- Public Works Administration Engineering Division Central Garage Building Division Planning Division Code Enforcement Division Interfund Transfer - Capital Proj. Mgmt Fund Operating Contingency $ 105,663 447,133 63,874 113,229 188,776 67,854 3,400 18.706 TOTAL TECH. & ENVlR. SERVICES FUND APPROPRIATIONS LIBRARY ENDOWMENT FUND -- Capital Outlay Operating Contingency $ 2,500 73.197 TOTAL LIBRARY ENDOWMENT FUND APPROPRIATIONS $ 33,000 23O,625 $1,008,635 75,697 Page 7 - COUNCIL BILL NO. ORDINANCE NO. IOD GENERAL OPERATING RESERVE FUND-- Operating Contingency Unappropriated Balance $ 150,000 TOTAL GENERAL OPERATING RES. FUND APPROPRIATIONS WA~TEWATER EQUIPMENT REPLACEMENT RESERVE FUND -- Capital Outlay $ 135.000 TOTAL WASTEWATER EQUIP. REPL/RES. FUND APPROP. 352,130 135,000 WATI~R EQUIPMENT REPLACEMENT RESERVE FUND -- Capital Outlay $ 99.500 TOTAL WATER EQUIP. REPL. RES. FUND APPROPRIATIONS TRANSIT/DIAL-A-RIDE EQUIP. REPLACEMENT RESERVE FUND -- Capital Outlay $ ~.200 TOTAL TRANSIT/DAR EQUIP. REPLC. RESERVE FUND APPROP. ~;TREET EQUIPMENT REPLACEMENT RESERVE FUND -- Capital Outlay $~ TOTAL STREET EQUIP. REPL. RES. FUND APPROPRIATIONS $ 99,500 8,200 $ 52,000 TOTAL APPROPRIATIONS - ALL FUNDS Less: Budget Resources other than taxes to be levied $17,766,361 15,365,268 Taxes necessary to balance budget Taxes estimated not to be received ensuing year $ 2,401,093 672,126 Total Taxes Levied by Section 2 of this Ordinance $ 3,073,219 The following tax allocations constitute the above aggregate levy: General Fund $ 1,724,269 Transit Fund Library Fund Park & Recreation Fund Bonded Debt Fund 62,204 444,643 655,815 186.288 Total Taxes Levied Page 8 - COUNCIL BILL NO. ORDINANCE NO. 3,073,219 1OD Section 4. That the City Recorder shall certify the tax levy to the County Clerk and County Assessor of Marion County, Oregon, made thereby and shall file with the Department of Revenue and the Division of Audits of the Secretary of State, State of Oregon, a true copy of the budget as finally adopted in accordance with the local budget laws of the State of Oregon. Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a budget for fiscal year 1994-95 needs to be adopted prior to July 1, 1994 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval of the Mayor. ! / Approved as to Form: ~ City Attorney · -- Date APPROVED LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder A~-rEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. /~-~..9..__ ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN TERRITORY LOCATED EAST OF ELANA WAY ON THE NORTH SIDE OF PARR ROAD TO BE ANNEXED TO THE CITY; AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP FROM CITY SINGLE-FAMILY RESIDENTIAL TO CITY MULTI-FAMILY RESIDENTIAL; AND CHANGING THE ZONING DESIGNATION FROM COUNTY URBAN TRANSITION FARM (UTF) TO CITY MULTI-FAMILY ZONE (RM} . AND DECLARING AN EMERGENCY. WHEREAS, there has been submitted to the City of Woodburn a written Annexation Petition and Consent signed by the majority of the electors registered in the contiguous territory described in Section I and the owners of more then one-half of the land in that contiguous territory; and WHEREAS, Resolution 1237 passed by the city council and approved by the Mayor on May 23, 1994, initiated the annexation of the territory, called for a hearing on the proposed annexation and related land use questions, and directed that notice be given; and WHEREAS, said hearing was held on June 13, 1994 at which the legal voters of the city and others were afforded the opportunity to be heard; and WHEREAS, after conducting the hearing and considering all objections or remonstrances with reference to the proposed annexation, the council finds that: {1) the territory is all within the Urban Growth Boundary as shown in the acknowledged Woodburn Area Comprehensive Plan; and (2) it is in the best interest of the city that the territory be annexed; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The legal description of the involved real property is as follows: Beginning at a 2" iron pipe, said 2" iron pipe being the Initial Point of the "Elana Subdivision" in the City of Woodburn, Marion County, Oregon and also located in Section 13, T.5S., R.2W., W.M.; thence S19o05'30"W, 865.69 feet along the west line of said Elana Subdivision to the north right-of-way line of Parr Street; thence N89o22'15'W, 899.66 feet along said north right-of-way line to a point on said right-of-way line; thence N0o37'45"E, 840 feet to a point; thence S89o22'15"E, 831.65 feet to a point thence S67o30'00"E, 231,11 to a point; thence N19005'30", 125.18 to a point on the south right-of-way line of Ben Brown Lane; thence S67o30'O0"E, 100.00 feet along said south right-of-way to e point on the west line of Elana Subdivision extended; thence S19o05'30"W, 15.03 feet along said west line to the point of beginning. Containing 19.85 acres. Page I - COUNCIL BILL NO. ORDINANCE NO. IOE Section 2. The real property described in Section 1 of this ordinance is hereby annexed to the City of Woodburn, Oregon. Section 3. The Comprehensive Plan Map designation of said real property is amended from City Single Family Residential to City Multi-Family Residential. Section 4. The zoning designation of said real property is reclassified from its present designation of County Urban Transition Farm Zone (UTF) to City Multi-Family · zone (RM). Section 5. The Council's actions in Section I through 4 above are subject to the conditions contained in the staff report, which is attached as Exhibit 'A" hereto and, by this reference, incorporated herein. Section 6. The Council's actions in Section I through 4 above are based upon and justified by the findings and conclusions contained in the staff report, which is attached as Exhibit "A" hereto and, by this reference, incorporated herein. Section 7. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the council and approval by the Mayor. Approved as to form:~ ~~ Da~'t/Z"~/¢~ ~(-' city Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED: Len Kelley, Mayor ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. CITY 'OF. WOODBURN 270 Montgomery Street Woodburn, Oregon 97071 · 982-52~ 1 OE NOTICE OF DECISION ANNEXATION 94-01 ZONE MAP AMENDMENT 94-01 COMPREHENSIVE PLAN MAP AMENDMENT 94-01 CONDITIONAL USE APPROVAL 94-01 PARTITION 94-03 I APPLICANT: Mick DeSantis PO Box 614 Woodburn, OR 97071 !1 OWNER: Hazel M. Smith 105 Ben Browns Lane Woodburn, OR 97071 At their May 12, 1994 Hearing, the Planning Commission recommended approval to the City Council of your request to annex approximately 19 acres to the City of Woodburn and amend the Comprehensive Plan to change the property from single family to multi-family and rezone the subject property from Marion County UTF to City RM - Multi-family. The Planning Commission also granted conditional use approval of a proposed manufactured home park and a partition to create two parcels. These parcels are the only areas subject to the annexation. The conditional use approval and partition are subject to City Council's action and approval. /7. IOE III RELEVANT FACTS: Land area: Approximately 19 AC The property can be identified specifically as Tax Lot 100 §S,2W, Section 13 General description of the area: a. slopes - relatively flat b. vegetation - grass for seed c. drainage - natural drainage exists. Applicant subject to Public Works comments d. flood area - none e. sewage disposal - available at Ben Browns Lane. Applicant subject to Public Works comments f. utilities (gas,electric,tel) - available at Parr Rd. Existing Land Use a. No. single family units 0 b. No. multiple family units 0 c. Commercial 0 Industrial 0 Public Uses 0 d. Open space 18 AC School Impact: The school district owns property across Parr Rd. Nelie Meuir, Uncoln and French Prairie Schools are approximately one half mile away and the existing High School is approximately 2 miles. A notice of the proposed action was sent to Department of Land Conservation and Development on 3/23/94 per Oregon Administrative Rule 660-18-020. To date no response has been received. Marion County has also received a notice and has responded in a letter dated April 13, 1994. The County is supportive of higher density development in that the proposal will be in compliance with the .Counties Comprehensive Plan and concentrate growth within in the Cities Urban Growth Boundary. The Woodburn Zoning Ordinance per Chapter 26 Multiple Family Residential Distract allows Mobile Home parks as a conditional use. However, according to the Chapter 446 and 918, Division 600 Building Codes Agency of the Oregon Administrative Rules, the State is responsible for building standards on site. This responsibility has been delegated to Marion County. The Planning Commission will decide to grant conditional use approval of the applicants request. The applicant will work with the Public Works Department and Planning Department regarding off-site improvements, but the County will be responsible for reviewing the actual park. IOE IV RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan Chapter IX Goals and Policies A. Residential Land Development Policies D. Annexation Policies G. Housing Goals and Policies H. Public Services Goals and Policies I. Transportation Goals and Policies K. Growth and Urbanization Policies Chapter X. The Land Use Plan C. High Density Residential Lands Woodburn Zoning Ordinance Chapter § Permits and Enforcement Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 6 Planning Commission 7 Public Hearing 8 General Standards 9 Residential Standards 10 Off Street Parking, Loading and Driveway Standards 14 Conditional Use 15 Zone Change 16 Comprehensive Plan Amendment Procedures 19 Manufactured Dwelling Standards 26 Multi-Family Residential District 39 Mandatory Parkland Dedication of Cash-in-lieu Woodburn Subdivision Ordinance Chapter III section 8. Procedures for PartitiOns D. Landscape Standards E. Sign Ordinance . IOE Chapter IX Goals and Policies for the Land Use Plan Residential Land Development Policies The residential land development policies A-1 through A-11 have been addressed by the applicant. A-1. Residential areas should be designed around a neighborhood: Neighborhoods should be an identifiable unit bounded by arterial non-residential uses, or natural features of the terrain. The neighborhood should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. FINDING: The proposed development will be an identifiable neighborhood. It will be maintained under one ownership as a manufactured home park. The proposed use will be surrounded by fencing and vegetation. A-2 Living Environment- Developments in residential areas should be constructed in such a way that they will not seriously deteriorate over time... FINDING: The applicants request for the manufactured home park will be reviewed by Marion County. A-3 Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. FINDING: The applicant has indicated that while this development will be a manufactured home park, the average lot size will be §,350 square feet. City residential standards are 6,000 square feet minimum. The applicant has also indicated that the interior streets will be 40% wider than required by the state guidelines for manufactured home parks. There will be landscaped common area for residents. A-4 Streets in residential areas should be used by residents for access to collectors and arterial. FINDING: The applicant proposed development will have direct access to collector/minor arterial. The final designation of which will be determined by the City when the Transportation Plan is completed by March 1995 A-5 Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. A-6 Non-residential uses... FINDING: This policy is not applicable because the site is planned for and proposed for residential use only. A-7 Home Occupations... FINDING: Home occupation businesses are allowed per section 1.270 of the Woodburn Zoning Ordinance. A-8 High traffic generating non-residential uses should not be located in such a manner as to increase traffic flows on residential streets or residential collectors, A-9 Industrial and commercial uses which locate adjacent to residential areas.. FINDING: The proposed manufactured home park is a residential use. The surrounding properties are also zoned for residential purposes. A-10 High density residential areas should be located so as to minimize the possible deleterious effects on adjacent Iow density residential developments When high density and Iow density areas, abut, density should decrease in those areas immediately adjacent to Iow density residential land. Whenever possible, buffering should be practiced by such means as landscaping,sight-obscuring fences and hedges, and increased setbacks. FINDING: The applicant has submitted a preliminary landscape plan~ Landscaping and buffering will be provided along Parr Road as well as long the single family residential uses to the east. The buffering will consist of arborvitae and a chain link fence. A-11 Traffic from high density residential areas should have access to collector or arterial streets without going through other residential streets. FINDING: The development will have direct access on to Parr Road which is a collector/minor arterial. Annexation Policies Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period, FINDING: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. The annexation of this land is to accommodate the growth demands of the City in a timely manner. Housing Goals and Policies G-1-1 The City will insure that sufficient land is made available to accommodate to growth of the City. This requires that sufficient land for both high density and Iow density residential developments is provided within the confines of the growth and development goals of the City... FINDING: According to a letter dated September 9, 1992 from the Department of Land Conservation and Development, the City provides for approximately 18% of future housing for multi-family development, This percentage is extremely Iow according to DLCD and any actions to reduce this ratio will be opposed by DLCD, This request is in conformance with Statewide Planning Goals 10 and 14. Public Services Goals and Policies It is the goal of the City to provide adequate public services to all areas of the City to include: sewer lines of adequate capacity; water lines of adequate capacity for both domestic supply and fire fighting capabilities; and storm drainage to prevent flooding of valuable property where feasible. FINDING: Sewer, water and storm drain lines in conjunction with streets abut the annexed property. It will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. 6 IOE IOE Transportation Goals and Policies FINDING: The Transportation Task Force has identified Parr Road as a major east/west transportation route and may be subject to substantial capital improvements. Growth and Urbanization Policies Policies K-1 through k-ll are applicable to the petitioners request. Public services are available to the site, the developer will be required to. pay systems development charges for their impact on the infrastructure. The City of Woodburn and Marion County have maintained a process for providing an exchange of information relative to the proposed annexation. Marion County has made written response and is in favor of the proposal. Once the annexation takes place, the property will fall under the City's jurisdiction. Chapter X The Land Use Plan The subject property is planned for single family residential. The applicant intends to develop the site as single family, therefore, the property to be annexed will be redesignated as single family. Chapter X The Land Use Plan High Density Residential Lands FINDING: This proposed zone change to high density residential land is not surrounded by commercial or industrial land. Because they tend to generate more traffic per acre than single family, they must be located closer to collector and arterial streets. The proposed use will have direct access on to Parr Road, which has been identified as a collector/arterial. 7 10E Woodburn Zoning Ordinance Chapter 8 General Standards Section 8.190 Vision Clearance FINDING: The site plan indicates a landscaped area at the intersection of the driveway entrance to the development and Parr Road. The applicant will have to comply with this standard so as not block vision clearance areas. · Chapter 10 Off Street Parking, Loading and Driveway Standards Section 10.080 Driveway Standards FINDING: The site will be review and approved by Marion County. The applicants driveways will be reviewed and subject to (a) through (j) as applicable to this request. All off site driveways will be subject to review and approval by the Public Works Department. Chapter 14 Conditional Use Section 10.070 Findings of the Planning Commission (a) That it has the power to grant the Conditional Use; (b) That such Conditional Use, as described by the applicant, will be in harmony with the purpose and intent of the district, (c) That any condition imposed is necessary for public health, safety or welfare, or to protect the health of safety of persons working or residing in the area, or for the protection of property or improvement on the neighborhood. FINDING: The Planning Commission does have authority to review and require conditions of approval as are necessary for this development. Eventhough, the development necessitates a multi-family designation, as indicated by the applicant, the average size of the lots will be 5,350 square feet. Standard residential lots are 6,000 square feet. The proposed park will function similar to a single family residential subdivision, but provide for a full time on site manager. Chapter 1§ Zone Change Procedures 1. Show that the request in on conformance with the Comprehensive Plan. FINDING: The request is not in conformance with the Comprehensive Plan. The applicant is requesting a change from single family to multi- family. 2. There is a public need for this change. IOE FINDING: The applicant has addressed this approval criteria adequately. The public need would be indicated by current market conditions. The Department of Land Conservation and Development has indicated in order to comply with state wide planning goals 10 and 14, the City is in need of increasing our stock of multi-family stock. 3. That need is best met by this proposal. FINDING: The applicant has addressed this approval criteria adequately. The site is part of a large parcel of property that is available for development within the City's Urban Growth Boundary. It is located adjacent to Parr Road which is a collector/arterial. 4. There in no other available and appropriately zoned land in the vicinity. FINDING: There are other areas designated for this 'type of use, however, since the City is deficit in its multi-family designated acreage, this request is in keeping with the objectives of the Comprehensive Plan. 5. Petitioner cannot make a reasonable use of the land as it is currently zoned, FINDING: The applicant could utilize the property for single family development which would make allowance of a subdivision with 6,000 square foot lots. In order to proceed with development of a manufactured park, the property must be rezoned to multi-family. This type of development will allow the owner to maintain control over the development. Chapter 16 Comprehensive Plan Amendment Procedures Section 16.080 (1) Prove that the original plan was in error (2) Show that the community has changed since the original plan was adopted; or (3) Show that there has been a change in the planning and growth policy of the City FINDING: The City has 14% of its uncommitted land area within its Urban Growth Boundary that is designated for multi-family residential use (see Attachment II). This percentage should be closer to 30% according to DLCD. /7. IOE Chapter 26 Multi-Family Residential District Section 26.030 Conditional Uses When authorized under the procedure provided for ConditionaJ Uses in this ordinance, the following uses will be permitted in an RM District: (b) Mobile Home Park FINDING: The applicant is requesting conditional use approval of th~ mobile home park. Chapter 39 Parkland Dedication and Cash-in-lieu FINDING: The applicant shall be required to pay the required parks systems development charges. Woodburn Subdivision Standards Chapter III Section 8 FINDING: The applicant has submitted the information 'as required per section 8. Specific utility information and location(s) can be addressed at the time the applicant at time of final engineering approval. Landscape Standards FINDING: The applicant will be responsible for providing on site landscaping in accordance with the state requirements. The applicant has provided landscaping along the entire Parr Road frontage and adjacent to the existing single family lots to east. Sign Ordinance FINDING: The applicant will provide entrance signs at Parr Road. These will be reviewed by Planning Staff. The building official will issue necessary permits for signs. V COMMENTS FROM OTHER DEPARTMENTS: Attachment A Attachment B Attachment C Public Works Woodburn Fire District Building Department 10 ,¥ VI VII VIII CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 18 acres of property described in this report. The annexation is necessary for the development of a mobile home park. To proceed with this development, the applicant is requesting a zone change from Marion County UTF to City RM multi- family and a Comprehensive Plan Map amendment from single family to multi-family. The applicants proposal will be reviewed by Marion County subject to State Manufactured Dwelling Park standards. Off site improvements such as utilities and perimeter landscaping will be reviewed and subject to City Standards. ADDITIONAL STAFF FINDINGS: The city of Woodburn's Comprehensive Plan Map identifies the land to by incorporated into the city limits as Iow density residential. The property is presently zoned as Marion County Urban Transition Farm (UTF). At the time of annexation the property will be amended from UTF to multi- family residential (RM), subject to Planning Commission Approval of a Comprehensive Plan Map Amendment from single family to multi-family. The Annexation will include two newly created parcels totaling approximately 18 acres. The applicant has addressed the relevant approval criteria as identified in the staff report. DECISION AND CONDITIONS OF APPROVAL: Annexation Zone Change Comprehensive Plan Map Amendment 1. Provide Planning Staff a copy of survey describing area to be annexed and partitioned. 2. Adjust annexation line boundary to be contiguous to Ben Brows Land. , Conditional Use approval of Manufactured Home Park 1. Comply with staffs comments as submitted by Public Works Department Fire Department Wastewater Department Building Department 10E 11 IOE 2. Comply with Public Works staff requirements for storm water detention, 3. Provide landscaping around perimeter of developed site as indicated on site plan. 4. Provide fencing and buffering adjacent to single family residential areas. 5. Sign a non-remonstrance agreement to pay for fair share cost improvements to Parr Road. Partition 1. The recorded partition plat must be in substantial conformity with the tentative plan for the proposed partition. 2. Prior to recordation with Marion County: The applicant shall submit a copy of the survey and partition plat indicating public and private utilities and easements to the Engineering Department. 3. On site construction shall not commence until improvement plans have been reviewed and approved by the Public Works Department end all right-of-way permits, non-remonstrance consent forms are signed. 4. Final plan shall conform to the construction plan review procedures and standards. 5. Final plan shall conform to the City of Woodburn standard specifications and all state building codes. 6. Comply with comments as submitted by Public Works Department. This decision shall become final in ten days following Planning Commissions approval. If you have any questions regarding these conditions, please call this office at 982-5246. Sincerely, / .,, 'If' ~ ' Teresa Engeldinger City Planner 12 /? SITE PLAN REVIEW MOBILE HOME PARK - -- MICK DeSANTIS IOE GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedures and standards. Mobile home =hall with Chapter AIl"wo;k shall conform with the City of Woodburn's standard specifications and air. state building codes. Applicant is responsible for obtaining permits or approvals from other agencies, either state or federal, not the city. Se Existing on-site water wells or sewage disposal systems shall be abandoned to state regulations. Landscape end signing shall conform to the vision clearance area, Section 8.190 of the Woodburn Zoning Ordinance. On-site utility easements will be required for franchised utilities. This development shall not block any natural drainage from surrounding properties or areas flowing across thls development. STREET: 1. Improve Parr Road adjacent to this development, Includes widening curb, sidewalk and storm sewer to city standards. 2. Interior park streets shall comply With Oregon Administrative Rules, Chapter 918, Division 600. Driveway approach onto Parr Road shall be concrete and shall comply to the City of Woodburn commercial standards. DRAINAGE: 1: A natural drainage pattern exists through this parcel, hence applicant shall: a. Provide storm runoff study for existing flow and improved flow, capacity of system to be used. b. Provide collection system for surrounding natural drainage. On-site detention will be required if the existing storm sewer on Elana is to be used; amount to be determined upon study results. de The existing tile line discharging natural drainage will need to be relocated; this relocated line will be a public system, not private, and shall be a part of the storm runoff study. "" Attachment A 2. ' Provide storm sewer along Parr Road to existing storm sewer on Elana; provide 16-foot drainage easement on private property, see Attachment e On-site storm sewer collection system does not appear adequate; recommend this be addressed prior to final design. .. Alternative storm sewer discharge areas: a. Tributary to Mill Creek at Ogle Street. Form Local Improvement District, install large diameter main along Parr to Ogle, along Ogle to tributary. Pay fair sharo cost. b. Install storm sewer to drainage way on north side of Ben Brown Lane or drainage' way crossing Settlemier. ,WATER: 1. Water mains for domestic and fire protection shall be looped and the minimum sizes as shown on Attachment 'B". Water meter shall be provided for each lot, size determined by applicant. Meters will be placed within utility easement conveyed to the City of Woodburn. It will also address access rights to read meters. 0 Location of fire hydrants and fire protection shall be as per the Woodburn Fire District's condition of approval. ~' Provide 16-foot wide water main easement for mains within the mobile home park and that portion which loops to Ben Brown Lane. 5. Backflow devices may be required, depending on water usage. SANITARY SEWER: 1. Eight-inch (8') dia. sanitary main within Ben Brown Lane shall be extended westerly, to serve this development. This will be a public system maintained by the city, easement will be required. The sanitary service to serve the park and the interior main~ shall be private, and shall comply with the Uniform Plumbing Code. Easement will 'be required for that portion outside of applicant's property. Maintain 10' separation distance between city maintained water main and the sanitary sewer. IOE OESANTI $.1406 PARTITION MICK DeSANTIS - ENGINEERING e Partition shall be platted according to standard surveying practices and recorded with Marion County. Each parcel created will be subject to site plan review procedures and conditions of approv.al at the time of development. OESANTI$.PAR /5- MEMO TO: Teresa Engeldinger, Planner City of Woodburn FROM: Bob Benck, Fire Ms_rshal Woodburn F'~re Distriot RE: DeSantis Mobile Home Park DATE: April 6, 1994 Site Plan Review Comments WOODBURN FIRE DISTRICT A, ACCESS: Minimum access width for emergency purposes is 20 feet with no on street par~einfl, If these roads are the minimum width then who is going to guarantee that there will be no on street parking ? B. FIRE FLOW: 1000 gpm for residential purposes C. HYD~S: Maximum hydrant Sl~g is 500 feet. D. SPRINKLER / FDC: Not required E. ALARM SYSTEM: Not required PREMISE IDENTIFICATION: Address to be located and visible from street. Private roads are to be named and address given to each unit. Names and addressing to be approved by emergency service providers and emergency communication center. O. CONDITIONS FOR CONSTRUCTION: Water supply system to be in place operational and acceptable to the city prior to the placement of combustible structures. H. BUILDING PLANS: Not applicable 1776 Newberg Highway ,. Woodbum, Oregon 97071 ;¢ 17, .EOUEST DATE: ~i'~4 CONTACT PERSON: Teresa Engeldinger; Planning Dept, APPLICANT: DEPARTMENT: ~l.,~lc[ ~ 982-5246 10E '- DATE: ,1993 TIME: PROJECT LOCATION: .- ,5.5, '~,',% CONFERENCE PLACE: Conference Room Woodburn City Hall Signature - Owner/Agent ... pt~pARTMENT COMMENTS THE FOLLOWING IS REQUIRED AFTER PRE-APPUCATION CONFERENCE: 1) 2) SPRPRE. FH1 Eight (8) copies of Final Plan must be brought into Public Works 'As Builts" must be provided prior to issuance of the building permit / Attachment C 1OF City of Woodburn Police Department 2?0 Montgo~~.~t Ken Writ~ht Chief of [o1~ Date: '-J~ne 14, 1994 MEMORANDUM Woodburn, Oregon 97071 (503) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Street Closure for Drams of Fire Drums of Fire Summer Music Games show will be Thursday, June 30, 1994. As in the past the show will be at Legion Field, Park Ave. and James St. The Drum Corp buses will be utilizing the Woodbum Armory parking lot for rehearsal loading and unloading of bands. The bands will then be walking to Legion Field, crossing Park Ave. It is requested by Drams of Fire to close Park Ave from James St. on the South to Alexandria on the north, from 12:00 noon until the end of the show on June 30, 1994. This process has been used suecessfidly for the past two years. The police department will assist in proper placement of barricades and traffic control. RECO~NDATION: Authorize Drums of Fire to close that portion of Park Ave. between James St. and Alexandria Ave. from 12:00 noon to the end of the show, on June 30, 1994. B:DRMS-94.MI~M MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Direc'~:~~~~ Selection of Preferred Wastewater Treatment Alternative June 23, 1994 RECOMMENDATION: Approve the preferred wastewater treatment alternative and related actions recommended by Wastewater Advisory Committee as outlined below: 1. The treatment plant be expanded and upgraded at the existing site using mechanical filtration and storage to meet state DEQ permit requirements. 2. The flexibility of incorporating field irrigation of effluent in the future needs to be kept at this stage of decision making. 3. Engineering applicability and DEQ acceptability needs to be investigated for Side Stream Elevated Pool Aeration (SEPA) process to determine if project cost reduction is possible, 4. Investigate phasing of the project for optimal solution. Request time extension from DEQ because additional time has been needed to perform Regional Service Provider's Study and the public involvement process has been expanded. BACKGROUND: Wastewater Advisory Committee has been meeting since August, 1993 to develop a plan that will address the stringent water quality requirements of DEQ and EPA as Woodburn's treatment facility comes nearer to its twenty-year useful life. An open house was held by the committee to receive public input on June 6, 1994 and, prior to that, the committee held two workshops with the city council to update the council and receive direction from them. All meetings of the Advisory Committee are open to the public. The committee support has been provided by the technical staff of the city, a consulting engineer for facilities planning, and a consultant for regional services activities. The cost of regional services activities is being paid by thirteen participating communities in the area. After evaluating the alternatives, such as wetland, irrigation, outfall line to Willamette River, mechanical filtration and several combinations, the committee has'developed a recommendation, on the preferred alternative and related actions. It is requested that the city council approve Wastewater Committee's recommendation outlined above. GST:Ig Attachment: 1) Letter to public regarding June 6 Open House for more detailed information 2) Bar chart of comparative costs M4ALTER#.CC --- M. ay. 1994 NOTICE TO ALL SEWER SERVICE CUSTOMERS ~demand of cemin aquati, c. life, ~ it can dm. lng the wintez nmnflis,. This Is .t~. m,e~n reaso:n. ~e ~ Rivet txeatment plant is nearing the end of its 20 year useful lifo and d_~__sions have to be made on wh~e to go fi'om hate. with other cities that me. experiencing stmflm' problems and an analysis of mon~_ ly costs is as fi)flows: SEWER RATE INFORMATION FROM COMMXffqlTIE~' IMPROVING ~ SEWERAGE SYSTEMS Gdiom ~ PI/R ulqrr ~ UNIT FACIXATi~ t/da:bavU~ 6.0 MOD $ 37,000,000 $ 18.00 $ 23.2O* $ 'D~hs ~ ~GD 31,000,000 L~.00 1%00 49.19 p.m. atWoodborn Cit'yHsll kthe CouncilChsmba~. This open house le achsnce for you to recave ~n re~ the pt*oblems weare facing, review exhibits on the diffet'e~ alternatives and to talk to experts about these problems and the possible solutions. At this dme you will be able to give comm~O~ members your opinions about the alMrBative that the committee rooommoll~. OPEN HOUSE June 6, 1994 4 PM to 8 PM Woodburn City Hall Woodlmm Was~-water Advisory Commiff~ ReCommended by Wastewater Advisory Committee for further evaluation New EPA water pollution limits will restrict Woodbum from being able to discharge heated sewage. effluent into the Pudding River during low flow months 0..ul.y and August), e~..en .afar ~ new ..i~atm~ system is ~ The Wastewatcr Advisory Commi~ feels'Alternative 1, moaenuzauon atto expansion at the. same s~te, is the best suitable nitro'native both from the environment and cost points of view. Under Allm~ive 1, the treated sewage effluent would be chlognated, then dechl~ and discha~ed in to the pudding River in winter. In summer, the effluent would be held in a ~oon or used for tnigation on 300 acres. 'Ihis acreage must be near the treatment plant to ~ inigalion.pumping costs down and inigation will be on crops that won't be cons,:,,,ed by humans. The co_m_ mi~tee favored this site for several reasons which include (1) some of ~hc ~ needed for , new plant arc at the old pla~., t** (2) ~.? is agricultural la~d. nearby .for ~. *?_n,.O) the. l~.b. lic ~ the present plant site where it ~s, (4) it is the least expenstve alternative, aha (:~) aoes nm r~sz polluting I) Use we~lnnds in the s~wel~e treatment swstem o Wetland areas would be created Io hol~. the ~ during dry months and pr~ide open .sp~ce for passive ~ .'I~ ~.~ re..'.ec~ this.. water which is the only source of wa~ for tiffs community. And this was the most expensive concept. pi_~e the effluent ~o the Willnmette River ' A pipe would be instnlled ~o the W'tllamet~ River to W'fllam~ River for the next 20 years without added ~. This alternate had hlgh~ costs and higher ~slc without added benefit to the community. Iner~ Pudding River summer flow - Inca~tso flow with wat~ from _tho ~_~l~la. e~ River to never pursu~ because diversion of tho W'~amet~ River wamr ~s not allowed during Jmy aaa August. Also, pumping ma'ts would be very high for the quantity of water needed. RF. GIONAL CHALLBNGF~ Every community in the Pudding River Bazin, such as Hubbard, Molalla, Mt. Angel, and Silverton, are facing the same environmental challenges as Woodbum. If it were economically feasible, Woodbum could plan for a sewe~.ge treatment system which could help other communities by dispo~ng of sludge, treating septic tankpumpings, furnishing laboratory assistance with wat~ sampling, testing and reporting, and treating leachate from North Marion County landfill. No subsidy will be given. lOG saA!leuJe~l~f 14A MEMO TO: Mayor and City Council through City Administrator FROM: Community Development Director SUBJECT: French Prairie Middle School/Modular Classroom DATE: June 23, 1994 At their meeting of June 9, 1994 the Planning Commission approved Woodburn School District's request to place a 1,848 square foot modular classroom on the French Prairie Middle School property. A vicinity map and site plan are attached. SITE for NEW PORTABLE CLASSROOM District F Maintenance Shod N 14B MEMO TO: Mayor and City Council through City Administrator FROM: Community Development Director SUBJECT: Site Plan Review #94-10 "Old City Hall" DATE: June 23, 1994 At their June 9, 1994 meeting, the Planning Commission acknowledged the Planning Directors administrative approval for the applicant's request. The applicant requested administrative site plan review approval of a 1292 square foot restaurant to be located in old city hall building. The restaurant will be located in the old fire station portion on the south end of the building. The subject property is located and zoned as part of the Downtown Historic District. The applicant has met with the Woodburn Downtown Association and a letter dated May 31, 1994 has been submitted with recommendations to the Planning Commission per section 40.090 of the Zoning Ordinance. The applicant has submitted documentation showing that the building is registered as a National Historic Building. In addition, the applicant has submitted a letter dated 3/21/94 from S&B Building Inspection Services, Inc. This letter discusses recommended improvements to the building. 1 5A City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Don Eubank Operations Ueutenant Woodbum, Oregon 97071(503) 982-2345 Ext. 351 Date: June 21, 1994 To: C_.~. ~ris Childs, City Administrator ayor & Council ..~ ~n Wright, Chief Staff Report..Towing Ordinance In April 1994, 'the Woodburn City Council adopted City Ordinance 1531 which authorized the towing and impoundment of motor vehicles operated by uninsured motorists. The police department began enforcing this ordinance on May 29, 1994 after considerable public education. As of writing this Staff Report, seventy-two (72) vehicles have been towed as e result of this ordinance. Forty-seven (47) of these vehicles have been released to the registered owners. This leaves a balance of twenty-five (25) vehicles that have not been released. In order for a vehicle to released, the registered owner must provide written documentation of ownership and written, verifiable insurance documentation. In most instances where a vehicle was towed, there were additional charges end or citations were issued. Other violations noted included No Seat Belt, Careless Driving, Reckless Driving, DUll, Failure to Preform the Duties of a Driver at an Accident, Elude, Expired Vehicle Tags and other miscellaneous violations. Three (3) vehicles were not towed when found in violation of this ordinance for the following reasons: 1. Registered owner was not driving and was called to come and pick up the car; 2. Registered owner (who was insured) was a passenger and took custody of vehicle; 3. Officer received a priority call. 1 5A Towed veh con't: Drivers and Passengers of towed vehicles continued on their way by various means and they are listed as follows: Arrested and transported to Jail Followed home by officer and then car towed Walked away\home Picked up by a friend Rode a bicycle home To date, only one hearing has been requested by an owner for a towed vehicle and that hearing is scheduled for June 28, 1994. ~t 15B STAFF REPORT TO; MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR FROM: ~,~NEVIN HOLLY, RECREATION AND PARKS DIRECTOR SUBJECT: LEGION PARK PICNIC PAVILION DATE: JUNE 22, 1994 The Legion Park picnic pavilion reconstruction project is near completion. The pavilion will be an improved facility, The electrical has been updated and the middle storage room has been brought'up to current code, The cooking grills have been replaced and a new refrigerator and stove have been purchased, I have been in contact with the Woodburn Kiwanis Morning Club and they are excited about the improvements to the facility. The initial usage of the new facility and equipment will be at the annual Kiwanis 4th of July Breakfast, Other than the electrical and plumbing upgrades, the project is being funded by a direct pay insurance payment to the construction company. NH/kv WOODBURN -- A S S 0 C P.O. BOX 344 DOWNTOWN I A T I O N WOODBURN, OREGON 97071 June 27, 1994 Woodburn City Council Woodburn, OR 97071 Dear Council Members, We believe that the buildings of the downtown area tell the story and the history of the community. They reflect the community's unique characteristics and heritage. These buildings also represent a substantial investment that is already in place. The downtown also represents an investment in streets, sidewalks, utilities, and many other elements of public infrastructure. Historic commercial districts belong to the entire community, and both the public and private sectors have important responsibilities for maintaining and improving this investment. People want to do business in an attractive and inviting environment, not in one that is rundown or neglected. We realized that change must happen gradually. The first step in the process is to amend the current Downtown Historic District Ordinance. The Woodburn Downtown Association and City Staff have spent many hours on making the suggested changes in desirable improvements to the downtown. We believe as I believe you do that the downtown is still a worthwhile investment and that it's economic value can, with proper management, increase many times over in the years to come. I encourage you to vote yes to amend the Downtown Historic District Zoning Ordinance. ~~e~nt M Reddaway President