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Agenda - 07/11/1994CITY OF WOODBURN 270 MONTGOMERY STREET * * ' * WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL JULY 11, 1994- 7:00 P.M. A. Council minutes of June 20, 1994 workshop meeang, June 27, 1994 regular and executive sessions. APPOINTMEN'~: ~NOUN~: Wa.~ewater Advisory Commi~rion - July 19, 1994, 7:00 p.m. Woodburn City Hall Tnm~ortation Ta~Ic Force - July 21, 1994, 7:00 p.m. Woodburn City Hall 10. PRO~TION~ A. Chamber of Commerce B. Other Committees A. Written ~ allov~ public to introduce itetn~ for Council consideration not already scheduled on the agenda.) A. Btd Award: Library Earthquake Repairs. A. Council Bill No. 1563 - Ordinance vacating a certain portion of Country Club Road near the Intersection of Country Club Road & Rainier Road. IOA Page 1 - Woodburn City Council Agenda of July 11, 1994 'B. L Council Bill No. 1564- Ordinance adopting the 1993 National Electrical Code as adopted by the State of Oregon. Council Bill 3Io. 1565 - Ordinance adopting the 1992 Plumbing Specialty Code as adopted the State of Oregon. Council Bill No. 1566 - Ordinance adopting the 1993 One and ~ Family Dwelling ~pecialty Code as adopted by the State of Oregon. Council Bill No. 1567- Resolution approving the application in Site Plan Review case 94-01 (Dale Baker & ~'tmothy Brown, Applicant~). Council Bill No. 1568 - Resolution entering into a contract with City/County Insurance Services for general liability and automobile Agreement with Southern Pacific for Young Street crossing Improvement. Servicenter alternatives. Policy on furnishing agenda packets to public. lOC 1OD IOE 1OF 10~ 1OH 10I 11. 12. 13. 14. 15. 16. 17. l& A. Site Plan Review 94-11; Commercial Bank Building (Highway 214 and Progress Way) B. Site Plan Review 94-13; Warehouse Addition (National Way) A. Tax Base Measure/Tax Coordination Process. B. Water Supply Status Report. C. Natural Gas Franchise ReneW~Utility Fee. D. Cancellation of GSA Gasoline Subsidy Program. E. Building Activity for June. .....: ... ~;._ : .. 14A 14B 1SA 15B 15C lSD Page 2 - Woodburn City Council Agenda of July 11, 1994 COUNCIL WORKSHOP MEETING MINUTES June 20, 1994 3A TAPE 0001 DATE. COUNCIL CHAMBERS, CiTY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 20, 1994. 0003 .~v_0_~r,J~r.J~ The Council met in a workshop session at 7:00 p.m. with the Planning Commission to learn more about Neighborhood Associations. Mayor Kelley Present Councilor Figley Absent Councilor Galvin Absent Councilor Hagenauer Absent Councilor Jennings Absent Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, Community Development Director Goeckritz Planning Commission members present: Joanne Bjelland, Lillian Warzynski Even though there was no quorum of the Council or Planning Commission, the workshop continued since the workshop is for informational purposes end no decisions will be made. O0§O NEIGHBORHOOD ASSOCIATIONS. Community Development Director introduced Tom Griffin-Valade who has been a Community Service Counselor for more than 10 years with the City of Salem and, more recently, with the City of Portland. Mr. Griffin-Valade provided a brief overall description of neighborhood associations and insights as to the responsibilities of neighborhood associations. He stated that neighborhood associations are a means of communicating and sharing knowledge in a timely and respectful manner. They have been around for many years in several Oregon cities. Neighborhood Associations are an effective way of meeting obligations under State Land Use Goal #1 which provides citizens an opportunity to comment on land use decisions, a means for receiving Community Development Block Grant funds, a means to show citizen involvement when applying for other grant funding, and..a means in which citizens can participate in a way that is both reflective and cooperative. Neighborhood Associations also serve as a training ground for future Councilors Page I - Council Workshop Meeting Minutes, June 20, 1994 COUNCIL WORKSHOP MEETING MINUTES June 20, 1994 3A TAPE READING and Planning Commission members. When decisions are made, there is no assurance that the neighborhood association will always prevail on decisions made by each body. Neighborhood associations are also involved in self-help projects and become a matching resource to the City which ultimately gets specific projects completed earlier than anticipated. The responsibilities of neighborhood associations include communication with their neighbors and listening to what their neighbors say in order to find out what are important issues to them. On the other hand, elected officials must listen sincerely to the neighborhood associations. Both sides must have respect for each other, otherwise it will not work. Mr. Griffin-Valade provided copies of enabling ordinances and other publications pertaining to neighborhood associations as reference material. During a question/answer period, a variety of issues were addressed. Mr. Griffin-Valade stated that the number of neighborhood associations within the City would depend upon the various needs of the community. For example, Salem has 19 associations while the City of Portland has 90 associations. In some cases, associations will ban together on an issue of importance that effects more than one area while in other cases it may only involve one association. In larger cities, general fund monies may be available to offset costs associated with administering an organized program which may involve hiring one or more City staff members to oversee the program. Minimal funding could be an alternative that would involve for paying printing costs. There is no requirement that any City funds would have to be made available to a neighborhood association. In most cases, neighborhood associations are formed because of negative issues. In Mr. Griffin-Valade's opinion, associations who only address negative issues are not always correct since they are provincial in nature. When there are multiple associations within the City, there is no guarantee that one association will dominate over others since issues are different for each'group. In those situations, Mr. Griffin-Valade suggested that there be some sort of structure to communicate with each other. There is no obligation for the Planning Commission or elected officials to do what the association suggests and their only responsibility is to listen to each other. In regards to community policing, this concept is a positive way of starting associations since crime prevention is a priority for many citizens. Mr. Griffin-Valade also discussed situations in which individuals within an established boundary elect not to participate. Cities must determine their own procedures on this issue along with the role of neighborhood associations. In his opinion, the most effective program will involve some costs to the City if only to send a notice of pending issues to a designated representative of each association. Page 2 - Council Workshop Meeting Minutes, June 20, 1994 COUNCIL WORKSHOP MEETING MINUTES June 20, 1994 3A TAPE In regards to size of an association, Salem has as few as 300 households in one association and as many as 5400 households in another association. Mr. Griffin-Valade reviewed how associations operate including required meetings and notifications to households within the association. Attendance at meetings is often driven by the issues involved. Boundaries are set within the association's by-laws often with input from city officials. Neighborhood associations are often comprised with like groups but it is more advantageous to have broad boundaries established by neighbors who have a variety of income levels, age groups, and housing types in order to have an influence on the elected officials. Involvement of neighborhoods associations will always be there as long es there are issues within the community. There are times when a neighborhood association will need an attorney to represent their interest but disparity may exist between associations when one group cannot afford an attorney to represent them. Mr. Griffin-Valade also suggested that some consideration be given to mediation rather than having a continual involvement of an attorney representing an association. He also stated that recognizing a neighborhood association is a long-term commitment which takes a lot of time to develop. He suggested that a system be put into place to solicit information from the citizens but the ideal situation would be for the formation of several neighborhood associations to encompass a variety of different groups. He also suggested that representatives of associations be trained to be pro-active versus reactive on issues that may affect their neighborhood. Timely notice by city staff of upcoming issues is a positive .approach of keeping associations informed and allowing them some time to respond. Just prior to the conclusion of the workshop, those individuals in attendance had an opportunity to express their views on this issue. Councilors and Planning Commission members present spoke favorably of the neighborhood concept but also felt that it needs to be encouraged throughout the City in order to work effectively. The workshop ended at 9:05 p.m.. APPROVED. LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 3 - Council Workshop Meeting Minutes, June 20, 1994 TAPE OO01 0013 0075 COUNCIL MEETING MINUTES June 27, 1994 3A DATE, COUNCIL CH;~IBERB, CITY H~LL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 27, 1994. ~ The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. Mayor Kelley Present Councilor Figley Present councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Public Works Manager Rohman, Library Director Sprauer, Finance Director Gritta, 9-1-1 Communications Manager Wolf, city Recorder Tennant JENNINGS/FIGLEY... approve the Council minutes of June 13, 1994 and accept the Planning Commission minutes of June 9, 1994. Mayor Kelley requested that the Council minutes be amended regarding the proposed Council Bill authorizing a communication site lease (tape 3, 0035) to include health concerns as it relates to the children area surrounding the tower. JENNINGS/FIGLEY .... amend the Council minutes of June 13th as recommended by the Mayor. The motion to amend passed unanimously. The motion to approve the Council minutes as amended and to accept the Planning Commission minutes passed unanimously. DIBRARY HOURS BFFECTIVE JULY 5. 1994. With the start of the new fiscal year, Library hours have been expanded by a total of 7 hours each week. New hours are as follows: Tuesday and Wednesday 10:00 am - 9:00 pm Thursday and Friday 10:00 am - 6:00 pm Saturday 10:00 am - 4:00 pm Sunday and Monday Closed CH~WRER OF COMMERCE REPORT. Donna Hendrick, Chamber Board member, read a lettg, r to the Council and public expressing the Chamber's appreciation to the businesses, volunteers, and the community for their Page i - Council Meeting Minutes, June 27, 1994 TAPE READING 0122 0159 0196 COUNCIL MEETING MINUTES June 27, 1994 3A participation in the Settlemier Days activities. She stated that this letter will also be published in the Woodburn Independent. WOODBURN CO~ACK C~MPAIGN REPORT. Lt. Eubank, Chairman of the 4th of July Celebration, advised the public that their next meeting will be held on Wednesday, 6:30 p.m., at City Hall. He invited interested individuals to attend the meeting. In addition, he stated that more volunteers are needed to assist the committee on July 4th. Virginia Hunt, 781 Oregon Way, suggested that the City print the words "Stop" on the pavement at the intersection of Oregon Way and Hayes Street as an additional reminder to motorists that there is a stop sign ahead. ~UBLIC HEARING - ZONING ORDIN]tNCE AM~m~DM~NT~S TO THE DOWNTOWN HISTORIC DISTRICT. Mayor Kelley declared the public hearing open at 7:08 p.m.. Community Development Director Goeckritz provided a staff report on this issue and stated that the proposed amendments are not a quick-fix to the situation but feels that over time the stricter requirements will have a positive affect on the beautification of the downtown area. The Planning Commission has recommended the adoption of the amendments. He also reviewed the area defined as the Downtown Historic District which was established many years ago. The main objective of the amendments is to have exterior alterations and new businesses improve the buildings unde~ certain standards. A workshop was held on this issue in which there was minimal participation from the public, a~Public hearing was also held before the Planning Commission which time no adverse comments were made by the public. The Woodburn Downtown Association (WDA) has assisted the staff and Planning Commission in formulating the proposed amendments. Councilor Jennings questioned 1) why WDA should direct staff rather than request (page 3(2)); 2) restriction of bars on windows and doors; and 3) the status of the ordinance if the WDA folds. Director Goeckritz stated that bars on windows and doors of existing businesses will be grandfathered into the ordinance, however, future businesses will not be allowed to have the bars since the WDA and Commission feel that bars sets up an atmosphere of a closed and/or threatened environment. If the WDA folds, provisions would still require Planning Commission review. He stated that a statement could be added to the proposed amendments dealing with this issue to make it clear that the Planning Commission would review the applications and owners would be required to follow through on th~ process. Brent Reddaway, WDA President, read a letter from WDA encouraging the Council to adopt the proposed amendments to Page 2 - Council Meeting Minutes, June 27, 1994 TAPE 0575 0590 COUNCIL MEETING MINUTES June 27, 1994 3A the Downtown Historic District. No one in the audience spoke in opposition to the proposed amendments. Mayor Kelley declared the hearing closed at 7:20 p.m.. JENNINGS/FIGLEY... The motion passed unanimously. ~ONTINU~TION OF PUBLIC H~a~ING - COUNTRY CLUB RO~D RIGHT-OF- ~AYV~C~TION. Mayor Kelley continued the public hearing at 7:22 p.m.. For the record, Councilor Jennings stated that, following the June 13th hearing, he has had conversations with staff on this issue and made site visits to view the situation. He also stated that ex-parte contact was not involved during this time period. Public Works Director Tiwari reviewed background information which was covered at the last meeting and reiteratedthat a utility easement would be retained by the City if the vacation is approved. He proceeded to discuss the traffic plan as proposed at the last meeting by Mr. Gheen. This plan would provide for a 90 degree turn at the Oregon Way/Rainier Road/Country Club Road intersection. He stated that he had contacted the State Highway Department who is now willing to work with the City with whatever proposal is selected. The City had briefly reviewed the 90 degree turn proposal in 1990, however, it was not seriously considered due to the close proximity of the Rainier Rd/Stanfield Rd intersection to the proposed location of the realigned roadway. He also reviewed several other options that were considered by the City and State in 1990 and 1992. The option previously selected involves a sweeping curve which is still the most desirable option from an engineering perspective. This option was designed before any building proposals were ever made to the City. Public Works Manager Rohman reviewed the locations of stop signs in the affected area if the roadway was extended to Rainier Road and a 90 degree turn made in order to reach. Country Club Road. He stated that the stop sign on Stanfield Road would be too close to the Rainier Rd. stop sign. The State was also concern that motorists traveling east on Rainier Rd would see the green traffic light on Highway 214 and proceed to the Hwy. 214 intersection without stopping at the stop sign. The State also admits that the sweeping curve design is not perfect, however, they feel it is the best solution in redesigning the roadway. Administrator Childs stated that he had gone to the intersection on June 14th and took several photographs of the traffic during two cycles of the traffic light to illustrate the traffic congestion in the area of Hwy. 214, C~.untry Club Road, Rainier Road, and the first access to Fairway Plaza. Director Tiwari stated that he is willing to shift the 2nd Page 3 - Council Meeting Minutes, June 27, 1994 TAPE 1932 2001 COUNCIL MEETING MINUTES June 27, 1994 3A access to Fairway Plaza to a location in between the existing accesses. He stated that he has seriously considered.the alternative plan discussed at the last meeting, has had discussions with the State Highway Dept. on the alternative plan, and has ultimately come back to the sweeping curve design. He also advised-the Council that there were insufficient remonstrances to stop the vacation at this time. Councilor Jennings proposed the closure of the existing accesses to the Plaza and constructing a new access with one ingress and 2 egresses at a location between the existing ones that would be agreed to by the City and businesses within the Plaza. He felt that re-positioning the access would reduce the stacking of vehicles waiting for the drive-up windows to Kentucky Fried Chicken and US Bank. Councilor Galvin questioned the amount of confusion that may be involved withmotorists using the refuge lane and the close proximity of the Sandwich Shop if it is approved. Director Tiwari stated that he did not see a problem since the Sandwich Shop would have a low vehicular traffic rate in comparison with the Plaza. In order to enter the Sandwich Shop, motorists will be making a 90 degree turn which would be safe. In regards to Kentucky Fried Chicken, they own property on the corner but their only access to roadways are from Fairway Plaza. Dan Glennon, representing business owners of Fairway Plaza, stated that if the Council would consider the suggestion of Councilor Jennings to relocate the access and make one ingress and 2 egresses, the businesses in the mall would agree to the proposal. The business owners continue to feel that the bank generates a lot of traffic and 2 egresses would help to solve the situation. Fran Olson, representing SENA, read a letter to the Council (Opponent Exhibit ~7) reiterating their concerns on the traffic situation and the effect that the realignment will have on adjacent streets. In their opinion, the roadway should not be realigned, however, in the event that realignment takes place, there should not be egress from the Sandwich Shop directly onto Highway 214 due to its close proximity to the traffic signal. Doc Gheen, 2035 Camilla Way, stated that he did not have any opposition to the Sandwich Shop that may be constructed, however, he was concern about the pedestrians who would be crossing the streets. He emphasized the need for safety and suggested that a 90 degree turn would be most beneficial for the area. Project costs would be reduced by as much as $100,000 if the 90 degree turn concept is approved. Betty Stuchlik stated that she felt the refuge lane would be used to much by motorists considering the short ~istance it is away from Highway 214. Virginia Hunt suggested'that the traffic light on Oregon Way Page 4 - Council Meeting Minutes, June 27, 1994 TAPE 2526 2882 Tape 2 COUNCIL MEETING MINUTES June 27, 1994 be eliminated and a stop sign concept similar to Cascade Drive be put into place. Preston Tack, referring to the overhead on the traffic flow with the 90 degree concept, questioned why a stop sign would need to be placed on Rainier Road on the east end of Stanfield Road. Public Works Director Tiwari stated that the Stanfield Road intersection is a part of the total problem in that particular area since it is a separate intersection from Oregon Way and Rainier Road. If the 90 degree turn is approved rather than the sweeping curve, the Council would need to determine if traffic would be free flowing on Rainier Road. In response to other issues addressed by the public, he stated that moving the access further north will improve the traffic flow to Kentucky Fried Chicken. He also stated that sidewalks will be a part of the realignment project and pedestrian use of marked sidewalks and signalized crossing areas are the safest method even though they may have to walk a little further to cross the street. Audible crossing signals will be included in the project. Mayor Kelley declared the hearing closed at 8:23 p.m.. The Council discussed the issues brought before them and expressed their opinions on the proposed vacation and realignment. JENNINGS/FIGLEY... approve the vacation of the property and the staff be instructed to bring an ordinance back containing the three (3) conditions be included (1) the utility easement, (2) the replacement right-of-way be deeded to the City, and (3) that both the north and south entrances as the currently exist be closed and a single entrance off of Country Club Road be constructed to the maximum width established by City standards in between those two entrances with the exact position of the entrance be in concert with the property owner and the City. 3A QO63 JENNINGS/FIGLEY .... remove the Sandwich Express issue (~ite Plan $94-01) from the table. The motion passed unanimously. Director Goeckritz briefly reviewed the Planning Commission's decision of June 9, 1994 to approve the Sandwich Express site plan. He stated that the next step of this process would be for the Council to instruct staff to prepare an ordinance with findings and conclusions either in favor or denia-1 of the site plan. JENNINGS/HAGENAUER .... staff be directed to prepare a proposed Page 5 - Council Meeting Minutes, June 27, 1994 TAPE 0207 0264 o~o4 0346 COUNCIL MEETING MINUTES June 27, 1994 3A ordinance to approve the site plan as recommended by the Planning Commission. Attorney Shields stated that this is a land-use decision and staff will prepare findings in favor of the site plan. Councilor Figley expressed her concern regarding the right turn exit onto Highway 214 but she would defer this issue to the State since they make the final decision on access to the Highway. On roll call vote, the motion passed unanimously. COUNCIL BILL 1558 - R~SOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND DURING FISCAL ~AR 1993-94. Council Bill 1558 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1558 duly passed. COUNCIL BILL 1559 - RNgOLUTION AUTHORISING AGREEMENT TO ~UPPLWW~NTAL AGREKW~ ~12,399 FOR T"~ ~T~SZON O~ TXHE TO C0__wp~ETE TW~ TRANSPORTATION ENGIN~HG~YSXB RESiDinG HIGHFAY 214/I-5 INTERCHANGE. Council Bill 1559 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, Council Bill 1559 passed unanimously. Mayor Kelley declared the bill duly passed. COUNCIL BILL 1560 - RESOLUTION ~DOPTING ~N ZNVESTHENT POLICY, B~LECTION CRITERIA, ~ND EST~RLISHNw~T OF ~N INSTZToTZOh'AL CUSTODY AGREEMENT. Councilor Hagenauer introduced Council Bill 1560. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared the bill duly passed. CouNcIL BILL 1561 - ORD!__W~NCE ~DOpTING THE ~994-95 CITY ~UDGET, MAKING ~PPROP~!~TIONS, AND L~vx~gG TAXES. Council Bill 1561 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1561 duly passed with the emergency clause. COUNCIL BILL 1562 - ORDINANCE ~.NN~_~!NG PROPERTY LOCATED WEST OF EL~/TA WaY ~%ND NORTH OF ~ARR RO~D. AMENDING THE CO~~NSIVE P~ ~OM RS TO ~ ~ C~GIN~ THE ZONE DESIGNATION FROM CO~y UTF TO CITY ~, ~ council Bill 1562 was intr~uced by Councilor Hagenauer. The two readings of the bill were read by title only since there Page 6 - Council Meeting Minutes, June 27, 1994 TAPE ~395 0430 0651 COUNCIL MEETING MINUTES June 27, 1994 were no objections from the Council. On roll call vote for final passage, Council Bill 1562 passed unanimously. Mayor Kelley declared the bill duly passed with the emergency clause. REQUEST FOR TEMPORARY STREET CLOSURE - P~RK AVENUE. A request for temporary closure of Park Avenue between James Street and Alexandra Ave. was made by Drums of Fire, Inc., in conjunction with the Drums of Fire Music Games. Staff recommended that the temporary closure be granted for June 30, 1994. Councilor Jennings declared a potential conflict of interest on this issue since he is the Treasurer of the organization. FIGLEY/MITCHELL .... authorize the closure of Park Avenue between James Street and Alexandra Ave. from 12:00 noon until the conclusion of the show. The motion passed 4-0-1 with Jennings abstaining. S~mT~.~CTION OF pRSF_~_u~D ~TAHTEW]%T_~__ TREATM]~qT ALTERNATIVE. Councilor Mitchell advised the Council that the Wastewater Advisory Committee is recommending that Council adopt the alternative that would expand and upgrade the treatment plant at the existing site using mechanical filtration and storage to meet State DEQ permit requirements. In addition, the material submitted by Mayor Kelley will be reviewed by staff and the Committee will consider this alternative prior to the public hearings process before the Council. Mayor Kelley stated that he has booklets available for Council review which further describes the treatment process in a large City back east. He stated that he has viewed a plant with this technology which may ultimately save the City a lot money. JENNINGS/FIGLEY .... approve the recommendation of the Wastewater Advisory Committee as outlined in the memo from the Public Works Director dated June 23, 1994. The motion passed unanimously. Bruce Thomas, 795 Corby St., informed the Council that the graffiti has been on the old Bank Building (199 N. Front St.) for approximately 8 weeks and he questioned if anything could be done to remove the graffiti. Director Goeckritz stated that staff has been trying to contact the owner in an attempt to have the graffiti removed. Public Works Director Tiwari also stated that his department had tried to contact the owner in May during Public Works Week to obtain permission to remove the graffiti. Once each year, public works employees volunteer time on a Saturday for a specific project and this year's project was to spray paint over graffiti in the downtown area. : Mayor Kelley also reminded the Council that the owner has until December 31st to make repairs to the building. Page 7 - Council Meeting Minutes, June 27, 1994 TAPE READING 0753 0775 0884 098~ COUNCIL HEETING MINUTES June 27, 1994 3A JENNINGS/FIGLEY .... paint the word "STOP" on the pavement at the Hayes Street/Oregon Way intersection as suggested .by Virginia Hunt. The motion passed unanimously. SITE PLAN REVIEW~ 1) French Prairie Middle School Modular Classroom -- Councilor Jennings expressed his opinion that the placement of the modular classroom could have been in a better location than the one proposed by the school and approved by the Planning Commission. No action was taken by the Council on this site plan. 2) Site Plan Review ~94-10 #Old city Hall" building -- Administrative site plan review approval has been given for the renovation of a portion of the building which will house a restaurant. Director Goeckritz stated that the owner will have to meet the standards for fire, health, and safety. BT~FF REPORTS. (A) Water Report -- Public Works Director Tiwari advised the Council that two water wells are under construction and/or repairs. He requested that the public not waste any water over the next three weeks at which time all of the wells should be operational. (B) Legion Park picnic pavilion -- The reconstruction project is almost complete and the initial use of the site will be for the July 4th Chuckwagon Breakfast. (C) Towing Ordinance Staff Report Councilor Jennings apologized for missing the workshop on June 20th regarding the Neighborhood Associations. He stated that he had overlooked the meeting date on his calendar. Councilor Figley also apologized for not attending the workshop citing business commitments as her inability to participate in the discussion. She also commended the staff for pursuing a competitive bid process versus a negotiated sale of the swimming pool bonds. The interest rate under the competitive sale proved to be lower than what the City would have been able to obtain from a negotiated sale. Councilor Mitchell briefly summarized the workshop by stating that there were two underlying themes those being respect and cooperation. He encouraged the Council to keep those words in mind when future discussions are held on neighborhood associations. Page 8 - Council Meeting Minutes, June 27, 1994 TAPE READING 1090 1125 COUNCIL MEETING MINUTEB June 27, 1994 Mayor Kelley suggested that the Council give there fullest attention to the wastewater treatment process that he.has provided to the staff for review. EXECUTIVE BEBBION. JENNINGS/FIGLEY .... adjourn to executive session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed under the authority of ORS 192.660(1)(h). The motion passed unanimously. The meeting adjourned to executive session at 9:04 p.m. and reconvened at 9:23 p.m.. Mayor Kelley stated that no decisions will be made by the Council following the executive session. ADJOURNMENT. FIGLEY/JENNINGS .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:24 p.m.. 3A APPROVED LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon °o Page 9 - Council Meeting Minutes, June 27, 1994 Executive Session COUNCIL MEETING MINUTES June 27, 1994 3A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 27, 1994. ~ The Council met in executive session at 9:10 p.m. with Mayor Kelley presiding. The session was held under the authority of ORS 192.660 (1)(h). ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Community Development Director Goeckritz The purpose of the executive session was to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or pending litigation likely to be filed. City Attorney Shields stated that the Notice of Claim filed by owners of the old Bank Building is a public record, however, his comments to the Council are exempt from public disclosure. He provided the Mayor and COuncil with a status report on the claim. ADJOURNMENT. The executive session adjourned at 9:21 p.m.. KELLEY, MAYOR APPROVED. LEN ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, June 27, 1994 9A MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator ~ Tabled Business - Bid Award/Library Reoairs DATE: July 6, 1994 RECOMMENDATION: Award bid for repair of earthquake-related damage to Woodburn Public Library to G. F. Webb (at base bid price of $89,700 plus costs of crack repair [lineal foot basis; estimated maximum of $11,200] as outlined in bid documents). ~ACKGROUND: This matter was presented for Council consideration at the June 13, 1994 meeting, but tabled at that time at the request of city staff. Staff had reserved 45 days within which the bid could be awarded, and it was determined that more specific commitment was needed from FEMA that the project value would be revised to reflect the true costs of the project; as evidenced by the bids received. We have now received further confirmation from FEMA (DSR #56050) that the project has been re-evaluated, moved.to FEMA's 'large project' category and cost projections revised accordingly. We will be eligible for a maximum of $56,000 in FEMA funds, beyond what was originally estimated, to complete this project. It is necessary and appropriate that the bid be awarded at this time. The Library Director's original staff report, dated June 9, 1994, is attached and her recommendation to award the bid to G. F. Webb is reaffirmed at this time. More specific timelines concerning actual completion of the project will be developed after the bid has formally been awarded and staff can meet with the contractor to finalize project details. WOODBURN PUBLIC LIBI~a. RY 280 GARFIELD STREET. WOODBURN, ORE~ON 97071-4698 503.982-525215263 OR'FAX: 503-982-5258 9A MEMORANDUM TO: FROM: DATE: Mayor and City Councilors through Chris Childs, City Administrator ~//(~ Linda Spmuer, Ubmry Director June 9, 1993 Public Librmy Earthquake Repair Bids (~upeljng. The ,briny budgeled ~ $15,000 to add to the $20,245 reoeived On NovemberS, 1993 sealed bids were mceiv~ for the adveftised projecL Two(2) complete and one (1) parUM bids were received. Both of the complete bids far exceeded our budgeted mnount as follows: K-2 CONSTRUCTION - $ 212,000 and PARAGON CONSTRUCTION - $175,000. On June 2, 1994 sealed bids were again received. The project was m-sP~ to have a tolal amount for repair and repainting of the walls and ceilings and for the cost concrete floors was bid at "x" dollars per lineal fool This will be an amount added to tim total amount and will be determined after the carpeting is removed and tine ~ ~ to be measured. The bids for the re-advertised Ixojeet are as follows: Oompany Bid Amount PARAGON CONSTRUCTION 20O8 Ptarmigan St. NW Salem, OR 97304-2804 503-399-0914 Contact Person: John Eibert $135,000 plus avg./lineal ft. $ 25.00 o DIAMACO, INC. 550 Kirkland Way, Suite 100 Kirk[and, WA 98033 206-828-2120 Contact Person: Rick Lambert $ 94,000 plus avg./lineal fL $ 6~00 9A G.F. WEBB 351 S. Grand Blvd Vancouver, WA 98661 503-289-8227 Contact Person: Gary F. Webb/Grant Brown $ 89,700. plus avg./lineal fL $ 6.00 RECOMMENDATION: I recommend that the bid of G. F. Webb in the amount of $89,700 (plus the cost of repairing the oad;s in the conc~m~ to be determined) be accepted. All indications are that this company is capable of compleling all of lhe work as outlined in the bid spectflca~0ns at the lowest overall cost to the City of Woodbum. IOA COUNCIL BILL NO. 1563 ORDINANCENO. AN ORDINANCE VACATING A CERTAIN PORTION OF COUNTRY CLUB ROAD NEAR THE INTERSECTION OF COUNTRY CLUB ROAD AND RAINIER ROAD AND DECLARING AN EMERGENCY. WHEREAS, Resolution 1233 fixed the time, place and date of a public hearing on whether that certain portion of Country Club Road described herein should be vacated, and WHEREAS, on June 13, 1994 and June 27, 1994, public hearings were held on this question, and WHEREAS, the City Council has considered the public testimony provided, the staff reports, and the need for the proposed street vacation, and the public interest herein, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The tract of real property subject to the street vacation is legally described as follows: Beginning at a point on the West line of Lot 1, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 south, Range 2 West of Willamette Meridian, Marion County, Oregon, said point being north 00o12'21" West 20.01 feet from the Southwest corner of said Lot 1, Block 55; thence north 00ol 2'21" West along the west line of said Lot 1, 96.97 feet to the northwest corner of said Lot 1; thence south 88045'37" East along the north line of said Lot I 35.83 feet; thence north 50o28'07" West leaving the north line of said Lot 1, 48.41 feet; thence north 88o45'37" West 58.61 feet to a point on the west right-of-way line of Country Club Road; thence south 00o12'30" East along the west right-of-way line 127.03 feet; thence south 88o48'20" East 60.01 feet to the place of beginning and containing 8,136 square feet of-land. Subject to a public utility easement to the City of Woodburn more particularly described as follows: Beginning at a point on the north line of Oregon State Highway 214, said point being south 88o47'13" East, 56.37 feet from the southwest corner of Lot 1, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence Page I - COUNCIL BILL NO. 1563 ORDINANCE NO. 10A northeasterly, 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 95o03'09" (the chord of which bears north 43o41'14" East, 44,26 feet); thence south 43o41'13" West, 44.26 feet to the place of beginning. A diagram of said tract is attached to this ordinance as Exhibit "A" and~ by this reference, is incorporated herein, Section 2. The Council finds that the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, have not submitted written objections to the vacation of the portion of the street legally described in Section 1. Section 3. The Council finds that the public interest will not be prejudiced and will be served by the vacation of the portion of the street legally described in Section 1. Section 4. The Council finds that the portion of the street legally described in Section 1 is a marginal street in that it was all dedicated from e common parcel within the plat of Woodburn Senior Estates No. 6 and there was not a common ownership to parcels on both sides of the road, as dedicated. Section 5. The portion of the street legally described in Section 1 is vacated subject to all of the following express conditions: That the owners of Lot 1, Block 55 of Woodburn Senior Estates No. 6, Marion County, Oregon, (Dale W. Baker and Timothy R. Brown) convey fee simple title to the City of Woodburn for the following described real property with the existing building and any improvements thereon: Beginning at a point on the North line of Oregon State Highway 214, said point being south 88o47'13" East, 56.37 feet from the Southwest corner of Lot 1, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence northeasterly, 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 95o03'09" (the chord of which bears north 43o41'13" East, 44.26 feet); thence north 03o50'22" West, 15.33 feet; thence northwesterly 5S.97 feet along the arc of a 70.00 foot radius curve to the left through a central angle of 46o37'45" (the chord of which bears north 27o09'14" West 55.41 feet); thence north 50o28'07" West to the north line of said Lot 1, Block 55, 32.69 feet; thence south 88o47'37" East along the said north line of Lot I 114.20 feet to the northeast corner of Lot 1; thence south 00o03'10" East along the east line of said Page 2- COUNCIL BILL NO. ORDINANCE NO. 10A Lot 1, 116.91 feet to a point on the north line of Oregon State Highway 214; thence north 88oz~7'23" West 93.44 feet to the place of beginning and containing 8,787 square feet of land. Be That the city reserves a utility easement in the vacated area, more fully described in the Grant of Easement which shall be executed and recorded by the owners of Lot 1, Block 55, Woodburn Senior Estates No. 6, Marion County, Oregon (Dale W. Baker and Timothy R. Brown), a copy of which is attached hereto as Exhibit "B' and, by this reference, incorporated herein. Ce That the vacation is subject to a condition that the present two entrances (north of Kentucky Fried Chicken Restaurant and south of U. S. Bank) to Fairway Plaza off of Country Club Road be closed and that a single entrance off Country Club Road be created between the present entrances, the exact location of the new entrance to be determined by city staff in cooperation with the property owner. Section 6. Upon vacation of the street legally described in Section 1, fee simple title to the property in the vacated area shall enure to the owners of Lot 1, Block 55, Woodburn Senior Estates No. 6, Marion County, Oregon (Dale W. Baker end Timothy R. Brown). Section 7. In addition to the findings contained herein, the Council bases it action on the Findings of Approval which are attached hereto as Exhibit "C" and are by this reference incorporated herein. Section 8. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk Section 9. 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 appi'oval by the Mayor. D~ate/~.~._/ ~ ^ ,or City Attorney APPROVED: Len Kelley, Mayor Passed by the Council Page 3- COUNCIL BILL NO. ORDINANCE NO. -SUBJECt" AREA EXHIBIT' "A" Page ]. of ]. 10A ViClNri'¥ ~ '" STATE HIGHWAY' 2'~4. Page :1 of '1 KNOW ALL MEN BY THESE PRESENTS, that DALE W. BAKER and TIMOTHY R. BROWN. tot the consideration of One Dollar (61.00] and other valuable considerations to them. paid, the receipt whereof hereby is aoknowleclged, .hereby do forever~ grant unto the CITY OF WOODBURN, a Munioipal Corporation of Marion County, Oregon referred to herein as the CITY, a permanent right-of-way and eaeement over and along the full width and length of the premises described as follows, to wft: Beginning et the mxthweat come~ of Lot 1, Block 65 of Wcodbum Senior Estate~ No. 6 in ~ 12, TownaNp 6 South, Range 2 We~t of the Willamette Meddisn, County, Oregon; thence asuth 88',15'37" E~t along the north line of ~id Lot 1 fest~ It~nce ne~h E0'28'07' W~t 48.41 feet; thenoe north 88'45'37' West 68.61 feet to a ~ an the wear ~]ht-ef-wey line ef C4~,~ Club Road; 1hence East elon~ the w~t dght-ef-way line 127.03 feet; thence e4uth 88'48'20" ra~t 24.00 feet: thence north 00'12'21' We~t pemlel with the wear Ina.of .eld Lot 1, 07.00 feet; ~nee .outh 88'45' 37' Eaat 36.00 feet to the place of beginning. .. .. With the right, privilege and authority, to said City, to construct, maintain, replace, reoon~z~, remove, and add to, ~LITY faculty, with all appurtanan~es Inoidant thereto or nece~ary therewith, in, under and aoro~ the ~ prernlm~, and to ~ and remove from tadd right-of-way em/trees and other ol~l~.:~lon, whloh may endanger the t~faty o~ Interfere with the u~e of ~ pipelines, or appunenanoes attached or oonneoted therewith; and the right of Ingre~ and agress to and over said above described premi~ at any and all times for the purpose of doing anything neee~a~/or useful or convanlent for ..the enjoyment of the eesemant hereby granted, THE CITY SHALL. upon each and eveq. occasion that auch ~UTY faollity k ~)natnmted. maintained, replaced, re~nltnmted or removed, or added to. re,axe the premises of the 10A Timolhy P~ B~own 1994 STATE OF OREGON ) SS COUNTY OF MARION ) On ~ the. day o~ County and State pe~xtally appeared, k,-,~wn to me to be the ~ame pemon~ whe~ names ere sub~dbed to the within irmrdment and ,1994, before me a Notary Publlo in and for the acknowledged that they voluntarily exeouted the came for the purpose therein oon~ned. IN WITNESS WHEREOF, I hereunto ~et my hand and official ~eal. NOTARY PUBUC My Commission Expir~: 10A EXHIBIT "C" Page 1 of 8 FINDINGS OF APPROVAL I. NATURE OF ~ PROCHEDING. This action by thc Council involves a street vacation of thc street fight-of-way 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 legally described in Section 1 of the Vacation The Council initiated thc street vacation on its own motion, without thc rec~pt of a petition, pursuant to ORS 271.130. On May 9, 1994 the Council passed Resolution 1233 (Attachment 1). This resolution directed that notice be given and that a public heating be held on June 13, 1994. Notice of public heating was given by the City Recorder pursuant to ORS 271.130 and ORS 271.110 (Attachment 2). A public hearing was held before thc Council on June 13, 1994, and testimony was taken. The Council then continued the public hearing until June 27, 1994, for the purpose of receiving additional tegdmony. On June 27, 1994, the Council heard further testimony and closed the public hearing. After deliberation, the Council acted, by motion, to direct staff to prepare an ordinance vacating the property, subject to eertnin conditions, for presentation at its July 11, 1994, meeting. II. FINDINGS OF FACT. 1. The facts concerning this vacation proceeding are contained in the staff report and staff exhibits and all other public testimony and exhibits introduced into the hearing record on June 13, 1994, and June 27, 1994. 2. The street subject to vacation is the street right-of-way 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 legally described in Section 1 of this Vacation Ordinance. 3. The property surrounding the area to be vacated is zoned Commercial General (CG) and the existing land use designations and zoning will not change as a result of the vacation. 4. Only one abutting property owner (Lilleoren) has made a written objection to the vacation. The Lillcoren property did not have direct street access prior to the vacation Exhibit "C" Page 2 of 8 and will not have direct street access after the vacation occurs. 5. The owners of a majority of the area affected, computed according to ORS 271.130 and ORS 271.080, have not submitted written objections to the vacation. 6. The vacation is subject to a condition that a utility easement be retained over a portion of the vacated property, as described in the (3rant of Easement attached as Exhibit 'B' to this Vacation Ordinance. 7. The vacation is subject to a condition that a replacement fight-of-way be deeded to the City of Woodbum, as legally described in Section 5(A) of this Vacation 8. The vacation is subject to a condition that the present two entrances (north of Kentucky Fried Chicken Re~urant and south of U.S. Bank) to Fairway Plaza off of Country Club Road be closed and that a single entrance off Country Club Road be created between the present entrances, the exact location of the new entrance to be determined by city staff in cooperation with the property owner. IH. APPLICABLE CRITERIA. 1. The Council finds that the entire vacation procedure is established in ORS 271.130, and referenced statutes, which govern street vacations on the Council's own motion. Since no vacation petition was filed, or is required, the legal requirements governing vacation petitions are inapplicable. 2. Since the vacation is that of a city street, the affected area is deemed to be that area designated by the applicable statute for the vacation of streets and the legal requirements for the vacation of a portion of a plat are inapplicable. 3. Hearing and notice requirements for street vacations are established by ORS Chapter 271. 4. Whether the Council's action on the vacation is a 'land use decision' is governed, on a case-by-case basis, by applying the 'significant impact test' established in City_ of Pendleton v. Kerns, 294 Or 126, 653 P2d 996 (1982); Harding v. Clackamas County_, 89 Or App 385, 750 P2d 167 (1988) and their subsequent citing cases. 5. The Woodbum Comprehensive Plan and Zoning Ordinance do not include standards for street vacations, and the Council, therefore, is not legally required to make findings regarding applicable Comprehensive Plan and Zoning Ordinance provisions. 6. The legal authority to vacate a street within an incorporated city is vested exclusively in the City Council under ORS Chapter 271 and any Planning Commission proceeding involving this subject matter would be advisory only and is not lel~iflly required. Exhibit Page 3 of 10A IV. CONCLUSIONS OF LAW 1. The Council concludes, based upon the evidence in the record, that the street vacation made by the Vacation Ordinance is not a "hnd use decision" because there is not a sigm'ficant impact on present or future land uses in thc area. It further concludes that any legal appeal of the vacation action would be pursuant to ORS 271~130 (4). 2. The Council concludes, based upon the evidence in the record, that the owners of a majority of the area affected, computed according to ORS 271.130 and ORS 271.080, have not submitted written objections to the street vacation ms_de by the Vacation Ordinance. 3. The Council concludes that only one abutting property owner (Lilleoren) has made a written objection to the vacation ~nd that, based upon the evidence in the record, the street vacation made by the Vacation Ordinance will not substantially affect the market value of .said property. 4. The Council concludes, based upon the evidence in the record, that notice of the street vacation made by the V~wation Ordinance was duly given pursuant to ORS 271.130. inS__terest will The Council concludes, based upon evidence in the record, that the public not be prejudiced thereby by making the gaeet vacation, with the ~t~h~ Attachment 1 to Exhibit "C" Exhibit 'C" Page 4 of 8 COUNCIL BILL NO. 1541 RESOLUTION NO. 1233 A RESOLUTION FIXING A TIME; PLACE AND DATE FOR A PUBUC HEARING ON THE QUESTION OF WHETHER A CERTAIN PORTION OF PUBUC RIGHT-OF-WAY NEAR THE INTERSECTION OF COUNTRY CLUB ROAD AND RAINIER ROAD SHOULD BE VACATED. WHEREAS, the City Council has the legal authority to initiate a vacation proceeding, and WHEREAS, it Is in the public Interest to conduct a public hearing-on the question of whether that certain portion of Country Club Road described herein should be vacated so that proposed road realignment can occur, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The tract of real property subject to the proposed road vacation is legally described as follows: Beginning at a point on the West line of Lot 1, Block 55 of Woodbum Senior Estates No. 6 in Section 12, Township 5 south, la~nge 2 West of Willamette Meridian, Marion County, Oregon, said point being north 0(7'12'21' West 20.01 feet from the Southwest corner of said Lot 1, Block 55; thence north 00'12'21 ' West along the west line of said Lot 1, 96.97 feet to the northwest corner of said Lot 1; thence south 88'45'37' East along the north line of said Lot I 35.83 feet; thence north 50°28'07' West leaving the north line of said Lot 1, 48.41 feet; ~hence north 88'45'37' West 58.61 feet to a point on the wast 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 beginning and containing 8,136 square feet of land. Subject to a public utility easement to the City of Woodburn more particularly described as follows: Beginning at the northwest corner of Lot 1, Block 55 of Woodburn Senior Estates No. 6 in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence south 88°45'37' East along the north line of said Lot I 35.83 feet; thence north 50°28'07- West 48.41 feet; thence north 88045'37- West 58.61 feet to a point on the west right-of-way line of Country Club Road; 10A Page I - COUNCIL BILL NO. 1541 RESOLUTION NO. 1233 Exhibit "C" Page 5 of 8 Attachment 1. to Exhibit thence south 00°12'30' 'East along the west right-of-way line 127.03 feet; thence south 88°48'20- East 24~00 feet; thence north 00°12'21 West parallel with the west line of said Lot 1, 97.00 feet; thence south 88°45· :37' East :30.00 feet to the place of beginning. A diagram of said tract is attached to this Resolution as Exhibit "A" and is incorporated herein. · Section 2. That 7:00 p.m. on June 13, 1994 in the Woodburn City Council Chambers, 270 Montgomery Street, Woodburn, Oregon, is time and place for the public hearing on whether the above-described reel property shall be vacated. Section 3. That the City Recorder is directed to give notice of public hearing City Attomey .~ ~ate APPROVED: ~ Passed by the Council May 9, 1994 Submitted to the Mayor Approved by the Mayor May lOt 1994 May 10, 1994 Filed in the Office of the Recorder ATrEST:.~~~Z~i~~__ MaryVTennant, City Recorder City of Woodburn, Oregon May 10, 1994 10A Page 2 - COUNCIL BILL NO. 1541 -: RESOLUTION NO. 1233 Exhibit Exhibit "C" Page 6 of 8 10A - SUBJECT AREA VICINITY MAP UTILITY EASEMENT BOUND/~J:IY STATE HIGHWAY 214. ROAD Attachment 2 to Exhibit th6'~id~'of--hath~r _a Exhibit ..... ~P, tge 7- of 8 10A ._2 · VICINITY MAP Published May'25 and jUne 1, 1994. I! City RecoVer Attachment 2 to Exhibit Exhibit "C" Page 8 of 8 10A Affidavit Of Publication STATE OF OREGON, } ss. County of Marion day of I, I~s Reitsm , being first duly sworn, depose and say I am the PUBLISHER of the Woodbum Independent, a newspaper of general circulation as defined by ORS 193.010 and 193.020, printed and published at Woodbum in the aforesaid county and state, that the PQ~ 9!:~301 notice of stree$ vacation ,, a pfin~d copy of w~ch is hereto annexed, w~s published in the entire issue of said newspaper for two week/weeks in the following issues: Nay 25 and June 1:199/+ Subscribed and sworn to before me this 1st June , 19~4 Notary Public for Oregon (My Commission Expires 9/12/95 ) lOB- D MEMO TO: THRU: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL CITY ADMINISTRATOR, CHRIS CHILDS STEVE GOECKRITZ COMMUNITY DEVELOPMENT DIRECTOR ADOPTION OF CURRENT CODES JUNE 7, 1994 Attached are three ordinances which will adopt the 1993 National Electrical Code, the 1992 Oregon Plumbing Specialty Code and the 1993 One and Two Family Dwelling Specialty Code as approved by the State of Oregon. We are asking approval of these ordinances in an effort assure that the current codes are applied within the boundaries of Woodburn, COUNCIL BILL NO. 1564- ORDINANCE NO. AN ORDINANCE ADOPTING THE 1993 NATIONAL ELECTRICAL CODE AS ADOPTED BY THE STATE OF OREGON, AND DECLARING AN EMERGENCY. WHEREAS,it is in the interests of the city to adopt the National Electrical Code so that the most current version of the code can be applied within the city boundaries, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The 1993 National Electrical Code is hereby adopted by the City, and by this reference, incorporated herein. Section 2. A copy of the code is available for review at the City during regular business hours. Section 3. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist end this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~~/~_~ D~tat! /~ Approved as to form:. ~ /7/- City Attorney 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 Len Kelley, Mayor Page I - COUNCIL BILL NO. ORDINANCE NO. 106 COUNCIL BILL NO. 1565 ORDINANCE NO. AN ORDINANCE ADOPTING THE 1992 OREGON PLUMBING SPECIALTY CODE, AS ADOPTED BY THE STATE OF OREGON, AND DECLARING AN EMERGENCY. WHEREAS, it is in the interests of the city to adopt the Oregon Plumbing Speciality Code so that the most current version of the code can be applied within city boundaries, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The 1992 Oregon Plumbing Specialty Code as adopted by the State of Oregon is hereby adopted by the City, and by this reference, incorporated herein. Section 2. A copy of the code is available for review at the City during regular business hours. Section 3. 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.~ / l Approved as to form.4~~ ~~~) -~_ ~ ~L~_ 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, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. ORDINANCE NO. 10D COUNCIL BILL NO. 1566 ORDINANCE NO. AN ORDINANCE ADOPTING THE 1993 ONE AND TWO FAMILY DWELLING SPECIALTY CODE (CABO) AS ADOPTED BY THE STATE OF OREGON AND DECLARING AN EMERGENCY. WHEREAS, it is in the interests of the city to adopt the One and Two Family Dwelling Specialty Code so that the most current version of the code can be applied within the city boundaries, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The 1993 One and Two Family Dwelling Specialty Code as adopted by the State of Oregon is hereby adopted by the City, and by this reference, is incorporated herein. Section 2. A copy of the code is available for review at the City during regular business hours. Section 3. 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 arid apprc~val by the Mayor. / l'-~" l/ Approved as to ,orm,~ ~~ ~ ~J-~ 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, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. ORDINANCE NO. IOE COUNCIL BILL NO. I:G~o~ RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION IN SITE PLAN REVIEW CASE 94-01 (DALE BAKER AND TIMOTHY BROWN, APPLICANTS). WHEREAS, the Woodburn Planning Commission conducted a public hearing in Site Plan Review Case 94-01, and WHEREAS, the matter was appealed to the Woodburn City Council, and WHEREAS, the City Council noticed and held another public hearing on the matter, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The application in Site Plan Review Case 94-01 (Dale Baker and Timothy Brown, Applicants) is approved. Section 2. Approval of the application in Site Plan Review Case 94-01 is granted subject to the conditions attached hereto as Exhibit "A' and by this reference, incorporated herein. Section 3. Approval of the application is based upon evidence in the record before the Woodburn City Council and is based upon and justified by the Findings of Approval attached hereto as Exhibit "a" and, by this reference, incorpprate~i herein. Approved as to form.'X~ ~'~/~/~~-~~ ~-{'~/-/ ~'- 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, City Recorder City of Woodburn, Oregon Page I - Council Bill No. Resolution No. Page 10E EXHIBIT "A" CONDITIONS Reduce the size of parking spaces (Nos. 4 and 5) on the site Phase II from the stall standard of 19' x 9' to a compact car stall standard of 15' x 9' or remove these two parking stalls from the parking inventory. (Council action) Meet the landscape standards for a five-foot landscape strip adjacent to Country Club Road as prescribed in Section 30.060 of the Woodburn Zoning Ordinance. (Council action) A sound barrier be built to protect the property owner immediately east of the site from the traffic noise that the realignment of Country Club Road and Oregon Way would generate. (Commission action) Exhi bi t Page 2 of 9 10E Ae Be '* D, CONDITIONS OF APPROVAL FOR BOTH PHASES The proPosed development shall be in substantial conformance with the preliminary plan. The applicant shall comply with the sign ordinance standards. Approved backflow devices and grease traps shall be required. (Ann O'Roke Wastewater Department 982-5283) After preliminary approval, submit lighting plan to the Planning Department "for review. (Teresa Engeldinger Planning Department 982-5246) Submit sign plan to Building Official for approval and permit. ( Bob Arzoian 982-5250) Because the' subject property abuts a State Highway, the request may be subject to additional conditions of approval. " If the realignment does not commence within one year, the applicant shall request in writing an extension of approval for phase II. The reque .st shall be mede to the Planning Department at least 30 days prior'to the expiration date. He On-site construction shall not commence until the improvement plans haVe been reviewed and approved by the Public Works Department and all right-of- way permits, system development charges have been paid. Refer to Part Two page 9 of the 'Standards Document for Site' Plan Review'. (Randy Scott Public Works 982-52zt7) Upon acceptable completion of ali improvements to be maintained by the City, the applicant shall provide the City a maintenance bond good for on..e year, in the amount of 10% of the improvement cost. ; Prior to. building permit issuance, pay appropriate Sys[e. ms Development. Charges in effect at that time. Exhibit "A" Page 3 of 9 IOE Conditions of approval also include the following attachments; Attachment B - Woodburn Fire District Attacl~ment C - Woodburn Police Department Attachment D - .Building Department Attachment E - Wastewater Department Prior to occupancy permit issuance, the applicant shall' submit one set of reproducible as-builts to Engineering Department. SPECIFIC CONDmONS OF APPROVAL PHASE II Development approval is conditioned upon applicant acquiring title to the property to be vacated by the City of Woodburn. Comply with Attachment A - Public Works comments. Exhibit "A" 10E Page 4 of 9 SITE PLAN REVIEW SANDWICH EXPRESS _GENERAL COMMENTS - PHASE TWO: Access on 0SH214 should be res(riOted to right in-right out movement. 2. 3. 4. Sidewalks shall be required. Driveway approach shall conform to city commercial standards. Additional storm runoff will require a permit and approval from Oregon Department of Transportation. Sanitary services can be provided. Water service can be provided, Fire protection shall be as per the Woodburn Fire District's condit!~n of apl~roval. Exhibit "A" Page 5 of 9 IOE MEMO TO: Tcrcsa Engcldingcr, Planner City of Woodbum FROM: Bob Benck, l~lrc Marshal Woodburn Fire District RE: Sandwich Exp~ DATE: Jan. 05, 1994 Site Plan Review Commezlts WOODBURN FIRE DISTRICT A. AOCBgS: ~g roadways provide the necessary access for emergency purposes. B. FIRE FLOW: 1500 gpm C. HYDRANTS: Adequate hy~'ants are provided in the area. D. SPRiNKLE_KS/FDC~ Blot required; E. ALARM SYSTEM: Not required F. PREMISE IDEN'H:FICATION: Address to be located and visible from thc public CONDITIONS FOR CONSTRUCTION: No conditions apply H. 'BuILdING PLA!~: All Fire and Life Safety review must be completed by Maxion County Building Department'prior to .thc i.m~. oe ofconstru....o~i.'o.n, ,.,P~,~:s~. - Ali buildings must meet minimum Code requircments as ~-l;aollsnea oy ~xty, County, and State regulalions. Nfnal.inspection for fire code purposes shall be conducted prior to opening to the general public. ... -- 1776 Newberg Highway Woodb urn, O rego n 97071 CITY OF WOODBU.RN POLICE DEPARTMENT Exhi bi t Page 6 of 9 270 Montgomery Street January 12, 1994 Woodbum, Oregon 97071 982-2345 Ext. 352 TO: Teresa Engeldinger, Planning Dept. RE: Site Plan Review- Sandwich Express The following'ts a list of recommendations regarding the site plan review of ~'=andwich Exprbss. 1. in order to deter the likelihood of businesses becoming e victim of burglaries, it ts highly recommended'that the store be pre-wired for an alarm and that a hold-up end intrusion alarm systems be Installed. 2. Ughting plan for parking, pedestrian and security be submitted, it is recommended that the builder consider the use of Low Pressure Sodium Vapor Ughting for the parking lot. 3. No vehicular entry or exit off Hwy. 214. Stop Sign'be posted at exit driveway. ShrUb (Shore Pine) at Country Club drivers (Phase 2 Plan.) may .cause visual obstruction for .... Exhibit "A' lOE Page 7 of ~ t~//~)J REQUEST DATE: /-- 4-?4 · DEPARTMENT: /.~ [' CONTACT PERSON: Teresa Engeldinge~, Planning Dept,. 982-524-6 CONFERENCE PLACE: Conference Room DATE: ,1993~ TIME: WoodbumCityHall I~!~/- ~ qq¥ /' Pr;I:IAITrMENT COMMENT8 THE FOLLOWING I$ REQUIRED AFTER PRE-APPUCATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works. - 2) 'As Bullts' must be provided prior to issuance of the building permit Exhibit "A" Page 8 of 9 IOE CITY OF WOODBURN CONSTRUCTION REQUIREMENTS ~ACKFI~W PRgVBNTION DEVICES 1. - FIRE LINE- If any anti£reeze or chemicalsare used in the fire system an approved reduced pressure device (RP) mpst be installed on the fire line and on the bypass line. If no chemicals are used, an approved double check detector check assembly (DCDC) may be used. The detector meter.register must be located on the bypass line · outside any enclosed building or structure. This will enable the Water Department personnel to read the meter. Water Meter meter DOHESTIC WATER LINE- A ~educed pressure device is required unless otherwise noted. The reduced pressure device is necessary where there is a potential for a moss co~-ection with substances that could cause a health problem. A double check device would berequiredif where conta~nation would.be considered a nuisance. IRRIGATION LINE- 'A reduc.edpressure device is required Where chemicals or fertilizer are used in the irrigation system, A double check, pressure vacUum breaker or atmospheric vacuum bregker is required if no chemicals are used. All devices must be installed adjacent to the water meier. The device must be inspected by a State certified tester after installation. The test results mailed to:' City of Woodburn 2815 Molalla Rd. Woodburn, OR. 97071 WASTE TREATMENT Waste treatment systems are required where t~e facility discharges material iht6 the sewer that could be harmful to City personnel, the sewerage system, or the environment. o 1. GREASE TRAP/OIL R SAND SEPARATOR- Requirements'~re found in the Oregon Uniformed Plumbing Code. A grease trap of at least 20 gpm/40 lbs capacity' is required in restaurants, bakery, meat departments and other similar facilities. A properly sized separator is required for all car washes, gas stations and similar facilities. Exhibit 'A" Page 9 of 9 IOE WASTE TREATMENT SYSTEM- More complex systems may be required to reduce organic loading, metals, toxic and flammable materials, and other pollutants. The new facility would be required to complete an application regarding it's production and waste discharge. Page I of 5 IOE EXHIBIT "B" FINDINGS OF APPROVAL I. Nature of Proceedinqs On March 24, 1994, the Woodburn Planning Commission acknowledged staff's administrative approval of a 1,950 square foot "Sandwich Express" (Site Plan No. 94-01) and approved a request for a variance to the landscaping standards (Variance No. 94-03). The Planning Commission's approval of the site plan and the variance were then appealed to the Woodburn City Council on April 1, 1994. At its April 25, 1994 meeting, the City Council acknowledged the appeal of the decisions and set May 9, 1994 as the public hearing date. On May 9, 1994, the City Council heard testimony and continued the public hearing until May 23, 1994. On May 23, 1994, the Council heard additional testimony regarding Site Plan Review No. 94-01. The application in Variance No. 94-03 was withdrawn by the applicant in a letter dated May 10, 1994 which agreed to an additional condition on the site plan approval. The Council then closed the May 23rd public hearing and remanded the record to the Planning Commission for further study and recommendation. The Planning Commission met on June 9, 1994 and reviewed the transcribed record of the Council. The Commission then recommended that the Council approve Site Plan Review No. 94-01 with the conditions recommended by staff. On June 13, 1994, the Council received the recommendation of the Commission and tabled deliberation on the matter until the June 27, 1994 meeting. On June 27, 1994, the Council removed the item from the table, engaged in deliberation, and passed a motion directing staff to prepare findings of approval for presentation at the July 11, 1994 Council meeting. £xhJbit Page 2 of 5 II. Findinq~ of Fact A. Facts. 1. The facts concerning the application are contained in the public testimony heard before the Woodburn City Council on May 9, 1994 and May 23, 1994, including, but not limited to, the staff report with attachments which was introduced into the record at the time of the hearing. 2. The subject parcel is located at the northeast corner of Country Club Road and State Highway 214 and is described as Lot 1, Block 55 of the Woodburn Senior Estates No. 6 subdivision within the City of Woodburn, Oregon. 3. The Woodburn Comprehensive Plan presently designates the property Commercial. 4. The Woodburn Zoning Ordinance presently designates the property Commercial General. 5. The proposed use, a restaurant, is a permitted outright use in this zone. 6. The request complies with the special setback distances along Highway 214 because it exceeds the 50 foot setback standard. 7. The applicant has received approval from the Oregon State Department of Transportation for a driveway egress, "right turn only," onto Highway 214. 8. The City will allow an ingress/egress driveway from Country Club Road. 9. The site plan proposal is based upon the planned realignment of Country Club Road by the City with site to be located in the proposed vacated portion of Country Club Road. 10. The location of the site in the proposed vacated area would allow the realignment of Country Club Road at the Highway 214 intersection. This realignment will eliminate one of the two presently existing traffic signals and result in smoother traffic flow. B. Relevant Approval Criteria 1. Woodburn Comprehensive Plan: Goal: 1-1. Establish a framework for the development of facilities to move persons and goods in as safe, effective and efficient a manner as possible under projected year 2000 traffic conditions. See City of Exhibit Page 3 of IOE Woodburn Transportation Plan (Ordinance e 1915) Chapter IX, page 52, Comprehensive Plan. Policy: 1-1-4. To insure that state and federal highways with routes through the city are improved in accordance with projected traffic volumes and the elements contained with this plan. 1-2-3. Promote optimum efficiency within the transportation system by the use of traffic management techniques including access controls on major arterials and the utilization of available transit system capacity prior to the construction of major new transportation facilities. 2. Woodburn Zoning Ordinance Chapter § Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearings Chapter 8 General Standards Chapter 10 Off Street Parking, Loading & Driveways Private Street Standards Chapter 11 Site Plan Review: Section 11.070. Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. (b) Landscaping shall be used to minimize impact on adjacent uses. (c) Landscaping shall be so located as to maximize its aesthetic value. (d) Access to the public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of e similar nature. (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. (f) The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. (Note: specific solar access provisions are described in Section 8.200) Exhibit 'B" Page 4 of 5 (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinance insofar as the location and appearance of the proposed development are involved. (h) The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. Chapter 29 Commercial Retai21 District Chapter 30 Commercial General District Landscaping Standards Sign Ordinance II1. Conclusions of Law A. The development proposal is in accordance with the City's Transportation Goals and Policies as set forth in the Comprehensive Plan in that the site development is compatible with, and allows for, the realignment of the Country Club Road/Highway 214 intersection. With the realignment, one of the two present traffic signals will be eliminated. A smoother flow of traffic will result from the improved road configuration and the increased green light cycle on Highway 214 at the realigned intersection. B. The proposed use is consistent with and has complied with the Comprehensive Plan by addressing the relevant criteria in the Zoning Ordinance. C. The proposal complies with the General Standards of the Zoning Ordinance in that the special setback distance of §0 feet from the centerline of Highway 214 has been met. D. The proposal complies with Off Street Parking, Loading and Driveway Standards in that adequate parking spaces are provided. E. A restaurant is an allowed use in the Commercial General District. In fact, the use is a less intense use than that which is permitted in the zone. Restaurants are an allowed use in the Commercial Retail District and Commercial Retail businesses are allowed in the Commercial General Zone. F. The proposal meets or exceeds the Landscaping Standards required. G. The proposal complies with the Sign Ordinance standards Exhibit "B" Page 5 of S H. As to the specific conclusions in regard to the Site Plan Review Criteria: 1. The placement of the structure minimizes the adverse impact on the adjoining uses. The placement allows the proposed realignment of Country Club Road and does not create adverse impacts on the uses surrounding the property. 2. The proposed landscaping is a substantial improvement over that on the existing site and is effective to minimize impact on adjacent uses. 3. The proposed landscaping is incorporated to maximize the aesthetic value of the site. The generous use of established permanent trees, ornamental and annual set-ins will set off the classic Victorian architecture of the proposed building. 4. Extreme care has been taken to assure that access to the public streets has minimal impact on traffic patterns. Access onto Highway 214 is limited to a driveway egress, "right turn only". Additional access onto Country Club Road is minimized by allowing only one ingress/egress driveway to the site. Sharing access to the site with the adjacent use was not possible. §. The design of the drainage facilities will minimize the impact on the City's and State's drainage facilities. A retention plan that meets the City's requirements will be submitted and stamped by a licensed engineer. 6. The design encourages energy conservation both in its siting and its accommodation of pedestrian and bicycle traffic in that the new construction meets or exceeds all requirements of the State Energy Code and the Uniform Building Code. Pedestrian walkways are included on the site as well as a bicycle rack near the entrance. These components of the site design also encourage the maximum accommodation for bicycle and pedestrian access. 7. The site, including the architecture, landscaping and graphic design, is in conformity with the Zoning Ordinance and other applicable ordinances in regard to location and appearance of the proposed development. 8. The location, design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. The effect created by the building's location (on the corner of the site, at an angle) is appropriate to the development. The Victorian architecture, light yellow color with white trim), and traditional materials are compatible with, and provide enhancement to, the immediate neighborhood. 1OF MEMO TO: Mayor and city Council FROM Mary Tennant city Recorder DATE : July 6, 1994 S~BJ~CT: Insurance Coverages for Fiscal Year 1994-95 Insurance coverages for general liability, auto liability, auto physical damage, and property all become due on July i of each year. In regards to workers' compensatio~ i~ance,..w~L~re~nte~r~_~_u~ third year of a contract with CIS a~_~ll~:~.. ~~_~ ~_~ year. Our Instance Agent of Record, ~u~_au~g~n- tnu~s,- ~.~-~ Agency), re~ested proposals from several instance, oo~anles zor liability and property instance and results ~e outlined in ea~ of the categories below. Requests for proposals were su~m~==e~ =o zour companlem w,,u liability insurance to public entities in Oregon. oniy.tw~.~_a~._i~ submitted proposals, Northland Casualty ~ompany ana Instance Services (cia). In reviewing the ~.,,,,]~v'x ~roDosal was approximately 7% less ~nan ulu, ~ow~ ~, Jim%ts'are more res-trictive. For example,_ .orthland provides for a $1,000,000 Combined Single Limit plus a $15000,000 Umbrella Liability for a $2,000,000 total per occurrence. S~nce there annual aggregate is $2,000,000, one large claim could gr~at%y reduce available coverage for any other claims that may be fi[ed wlthlnt, h~ ~is_cp~yearL ~orthland also has a $100,000 limit on Employment Reia:e~ c~a~ms which they would only pay 90% of the claim cost. 9n t~.e other hand, CIS has broader limits of $2,000,000 single limit w~th no annual aggregate and employment related claims are ~onsidered the same.as .any ~_h,r liability claim. The coverage limits imposed by Northlan~ u~er [~ nronosai'make the difference in premium amounts les? attractive [~-~c~n~=since every year presents a different set .of clrcums=ancss which ~y result in pending legal action. Of primary concern employment related claims which can easily exceed the $100,000 limitation. State law limits the amount of a tort claim whereas Federal civil Rights law has an unlimited liability amount. The City has participated in the CIS general liability program since the mid-1980's. We have developed a good working relationship with CIS and feel that continuation of the liability coverage with CIS would be in the best interest of the City. Annual premium cost through CIS will be $91,261. The CIS Trust agreement, Bylaws, and Rules, requires the city to enter into an agreement with ClS (refer to the attached Council Bill). Please note that there is a three (3) year term under the agreement, however, there is a provision within the Trust ~ylaws.which allow the City to give 6 months written notice of our ~ntent~on to seek other proposals when the insurance is up for annual renewal. Chuck Huggins hgs informed us that he will be reviewing the liability insurance market in early December and will provide us with a recommendation on whether or nog notice should be submitted to CIS by December 31st of our intent to solicit other liability proposals. 1OF ~ROPERTy IN$~CE, Last year, the City elected to secure property insurance coverage from Chubb Insurance rather than CIS. Both companies submitted proposals forthis year's coverage and again, Chubb Insurance providedthe lowest annual premium. Chubb's proposal of $19,219 includes boiler and machinerywhereas with CIS, boiler & machinery coverage would have to be purchased separately for a total cost of $28,391. The city does have. a $5,068.48 credit with CIS from prior year dividends, however, this credit will still make the net cash difference between the two companies $4,103.52. It should be noted that the credit will remain available to the City for any property coverage that we may obtain from CIS in the future. No action is required by the Council to continue the property insurance with Chubb Insurance. WOLF.S' COMPENSATION ZNBURANCE. As stated above, our coverage is with CIS Insurance. Rates have remained fairly stable and the experience modification rate has decreased slightly from fiscal year 1993-94. Estimated cost for fiscal year 1994-95 is $105,626.76, less a $35,000 deductible under the retro plan, based on annual payroll of $3,3?8,865. A Resolution is currently on file with CIS that extends participation in the CIS Workers' Compensation progr~muntil June 30, 1995. No action is required bythe Council to continue workers' compensation with CIS Insurance. 1OF MEMO TO: Mayor and City Council FROM: Chris Childs, City Administrator SUBJ.: U~bilitv Insurence Renewal DATE: July 5, 1994 At your meeting of July 11, 1994 you will be considering a staff recommendation to renew the city's liability insurance program with City County Insurance Services (CIS). The staff report on this matter will be presented by Mary Tennant, City Recorder. For the record, I want to advise the Council that my spouse, Denise Childs, is employed in a clerical position with the CIS firm. While the possibility of any direct conflict in this regard is remote, I feel the Council should be fully aware of this relationship. While I am familiar with the nature of the options researched and presented for consideration by our Agent of Record, I have remained neutral in respect to the formulation of any staff recommendation. 1OF cotn~¢IL ~Ir.,~ NO. 1568 RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH CITY/COUNTY INSURANCE SERVICES TRUST FOR GENEIUtL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE. WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self-insurance offering cost stability and the potential for long-term savings, and WHERFaS, CIS is sponsored bytheLeague of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties, and WHEREAS, the City of Woodburn finds that membership in CIS is of benefit in managingthe risks involved in providing services to its citizens, and WHEREAS, the City of Woodburn has been provided with an opportunity to review the Trust Agreement, Bylaws, and Rules of CIS, and WHEREAS, the City of Woodburn has submitted the Trust Agreement, Bylaws, and Rules to its legal counsel to review for compliance with the Charter and Ordinances of the city of Woodburn, now, therefore THE CITY OF WOODBURN RESOLVES AS FOLLOWS= Section 1. That the City of Woodburn does hereby enter into a contract with CIS and becomes a member of the CIS Trust for General Liability and Automobile Liability for a three-year period commencing July 1, 1994 and agrees to abide by the terms of the Trust Agreement, Bylaws, and Rules of CIS which, along with this Resolution, constitutes the contract between the City of Woodburn and CIS. A copy of said contract is attached hereto and by this reference incorporated herein. The City Administrator is hereby authorized to execute such documents as are necessary put. ant to this. Resol%~. ~/_/~ /~ City Attorney 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 Recorder Page i - Council Bill No. Resolution No. 1OF Because o£ its length, a full copy of the CI$ trust agreement has not been reproduced in your packet. The a~reement is attached to the oHginal resolution and is available from the ~ty Recorder. lOG ~o THROUGH: FROM: $~: DATE: City Administrator for Council Action Public Works Director ~ lulie Moore, C. E. Tech Young Street Crossing Improvement Agreement Woodbum and Southern Pacific Transportation Co. lilly 6, 1994 between City of RECO~NDATION: It is recommended the attached agreement beiwem Southern Pacific Transpo~on Co. and the City of Woodbum be approved for the improvement of Young Street ox~sing. This agreement for a joint project to have rubber crossing m~-lnls installed at this crossing i~ ~filar ~o prior agreements except it has been placed in writing. BACKGROUND: The City and Southern Pacific Transportation Co. have done cooperative projects in the past regarding the improvements of other railroad crossings. The city purchases the materials and Southern Pacific provides the labor to install the new .crossing materials. Other crossings improved with this cooperative effort are Cleveland Street and Lincoln SUee~ The goal is to get all the railroad crossings Upgraded and improved by having one crossing done every one to two years. Therefore, in keeping this cooperative program going it is recommended that the attached agreement for the Young Street crossing be approved. The Council approved the purchase of the rubber crossing materials at the June 13th meeting. Page 1 of 2 THIS AGREEMENT, made this 10th day of June , 1994, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, herein called "Railroad", and CITY OF WOODBURN, a municipal corporation of the State of OregOn, herein termed "City"; RECITALS: The parties hereto desire to set forth by this instrument their .agreement with respect to the improvements of an at-grade crossing of Young Street where same crosses 'tracks of Railroad at or near Woodburn, in the County of Marion, State of Oregon (Crossing C-735.14). AGREEMENT: 1. Railroad shall furnish the necessary labor and materials, tools and equipment and shall perform the following work: A. Installation of a full depth rubber crossing surface. 2. City agrees to pay Railroad a l%mp sum of Five Thousand Three Hundred Ten Dollars ($5,310) upon execution of thisAgreement which covers the cost and expense incurred by Railroad in furnishing materials and performing the work specified above. 3. The work to be performed by Railroad hereunder shall be commenced as soon as labor and materials are available following execution of this instrument and shall be completed within one (1) year thereafter. 4. Any contractor performing the work on the property of Railroad on behalf of the City in connection with work contemplated hereunder shall execute Railroad's standard form of Contractor's right-of-entry agreement Prior to commencing any work on Railroad's premises. City shall obtain any governmental authority which may be required in connection with the work contemplated. ............................. - lOG .... Page 2 of 2 5. Thi§ agreement shall be binding upon and inure to the benefit of the successors and assigns of Railroad and the assigns of City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY By (Title) CITY OF WOODBURN By (Title) 1OH MEMO DATE: TO: FROM: RE: JUNE 15, 1994 MAYOR & CITY COUNCIL NANCY GRITTA, FINANCE DIRECTOR SER¥1CENTER There have been several developments since the ServiCenter was last discussed at Council. We have approached WalMart, Safeway, and Senior Estates about placing drop boxes for utility bills on their respective properties. WalMart and Safeway are agreeable to the arrangement, Senior Estates' Board has discussed the possibility of placing a drop box in their Club House. According to their Board President, they do not want to appear responsible should the City discontinue an arrangement with the ServiCenter. However, they would IzrJ~aJ3Jy_Q~ be opposed to a drop box if the City has terminated the agreement of its own accord. After much thought and discussion, we must recommend that the ServiCenter be given 30 days notice of termination of our agreement. If the Council takes this action, we will immediately move forward to provide alternatives. 101 MEMO TO: FROM: SUBJ.: DATE: Mayor and City Council Chris Childs, City Administrator ~ Fee for Reoroduction of Council A_~enda Packets July 5, 1994 RECOMMENDATION: That Council, by motion establish a fee for purchase of Council agenda packets at $5.00 each, or $100 for an annual 'subscription' (24 regular meetings), payable in advance in either case. BACKGROUND: The city seems to be frequently criticized for "not getting information out to the public' and, occasionally, for the timeliness of such information. While the city can't be directly responsible for 'citizen awareness' at the grassroots level, a recent visitor to a Council meeting even went so far as to suggest that copies of the Council's agenda packets should be mailed out to the city's entire populace a week ahead of every meeting. All of the information contained in the agenda packet is "public record" once it has been distributed to Council members. It has been noted on numerous occasions during Council meetings that a reference copy of the agenda packet is available for review by interested citizens. The packet can be reviewed in such a manner at no charge. If there are agenda items of particular interest, the citizen can also purchase photocopies of the documentation concerning their particular topic of interest, at the city's normal charge for document copying. This occurs fairly often. At an obviously greater expense, any citizen may also purchase a copy of the full agenda packet. There has been some confusion as to what this cost should be, if any; thus policy direction from the Council in this regard would be helpful. Staff believes that a flat fee for purchase of agenda packets would be much more manageable than trying to count the number of pages photocopied. A similar flat fee ($10) exists for copies of computer-generated copies of the city budget document. For operational considerations, the request for an agenda packet copy must be known prior to the point that the packets are printed and collated, and the precise number of pages to be photocopied may not yet be known. 101 Page 2 - Memo/Agenda Packets (7/5/94) The principal purpose of the agenda packet is to Inform and provide background information for Council members as they address the issues of importance to .the city. In the time permitted, the best and most concise information available is presented for use by the Council members, the six individuals elected to reoresent their resoective wards in the orderly conduct of the city's business. City staff frequently discusses and reviews other methods and possibilities by which city residents can be kept informed in a cost-effective manner. Copies of the agenda index only (usually two pages) are available to people entering the Council chambers on meeting nights. One suggestion that will be investigated when the city's cable TV access program becomes fully operational is to develop a format for displaying upcoming agenda topics on the public access channel over the weekend preceding the Council meeting. In summary, within our resource limitations, ample information concerning any business item of the city is available for those who are interested. It is not practical to distribute information to those who are not interested, so those who are interested must take the reasonable initiative of seeking out the Information they might want. This should including payment of any reasonable fee established to ensure that the reproduction of the' information is not accomplished at the expense of those taxpayers who are not interested in such detailed information. 14A MEMO TO: Mayor and City Council through City Administrator FROM: Woodburn Planning Commission SUBJECT: Site Plan Review 94-11 Commercial Bank DATE: July 6, 1994 At their June 23, 1994 hearing, the Planning Commission acknowledged the Planning Directors administrative approval of an approximate 2500 square foot branch banking facility "Commercial Bank" with driveup windoWs and ATM. The site is located on the corner of Mt Hood Hwy (Hwy 214) and Progress Way next to Pizza Hut. See attached site plan for further details. 14A 14B MEMO TO: Mayor and City Council through'City Administrator FROM: Woodburn Planning Commission SUBJECT: Site Plan Review 94-13 Addition to an Existing Industrial Warehouse DATE: July 6, 1994 At their June 23, 1994 hearing, the Planning Commission acknowledged the Planning Directors administrative approval of an approximate 540 square foot addition to a existing warehouse located at 2244 National Way. The proposal is to enclose an area of the building to provide for a restroom and office. See attached site plan for further details. 'N 14B 1 5A TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Tax Base Measure I Tax Coordination Proce~ July 6, 1994 State law (ORS 310.404) requires that any political subdivision that has levied outside of its existing tax base in three out of the past four years must propose a revised tax base to its voters in either the Primary or General Election in the next even-numbered year. We will be required to ask voters for a new tax base in the General Election of November 8, 1994. The City of Woodburn levies outside of its tax base every year to gain approval of the annual operating levy necessary to adequately fund general city operations. Our regular operating levy for F.Y. 1994-95 was on the ballot (and passed) for the May 17, 1994 Primary Election, thus we still need to present a tax base measure to city voters in November. My recommendation is that a proposed tax base of $1,895,000 be presented for voter approval on November 8, 1994. This amount would become effective with the 1995-96 fiscal year and represents the approximate combined amount of the existing outdated tax base ($221,603 for F.Y. 1995-96) and the annual operating levy (approx. $1,673,397) we would otherwise need to submit for voter approval for in the spring of 1995. The necessity to seek an updated tax base also necessitates certain actions to remain in compliance with the more recent state law dealing with intergovernmental "Tax Coordination". The tax coordination process deals with a government's 'Total Levy Authority' which, if the city follows its consistent policy of the past several years, would be the sum of $3,060,147 for F.Y. 1995-96 for general operating purposes. Any voter-approved levy for bonded indebtedness is excluded from this amount. Obviously, the proposed tax base represents only a portion of the city's Total Levy Authority, along with the continuing levies for Recreation & Parks and Library services. Taken together, all three will constitute the Total Levy Authority of $3,060,147, which will continue the previous policy of maintaining parity with other governmental units. 1 5A Page 2 - Memo/Tax Base/Tax Coordination (716/94) However, the fact that the November tax base election constitutes a ballot measure within the guidelines of ORS 310.186 (the applicable tax coordination statute), a hearing on the proposed tax base is necessary at least thirty (30) days prior to the filing date deadline for the ballot measure. The purpose of the hearing, as with other similar hearings held for this purpose in recent years, is to allow citizens and representatives of other affected 0overnmental entities (Marion County, Woodburn Fire District) the opportunity to comment on the proposed levy amount. To meet all applicable timelines, staff will place the above-described hearing on the Council's agenda for July 25, 1994. The hearing will be advertised in the Woodburn Independent prior to the July 25th date. A courtesy copy of this memo will also be provided to the other affected governmental entities. 15B MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator ' Public Works Director ~ Water Supply Status Report July 7, 1994 In the last council meeting, I orally informed the city council that two of the city's water wells were not operational because of repair and construction activities. I am glad to inform the council that Astor Way well is manually operational now, however, the Nazarene well will not be operational for another two weeks. At present, thera is no emergency situation from a water supply perspective, however, it is recommended that water be used wisely during the summer months. GST:ig I~TRSUPLY 15C MEMO TO: FROM: SUBJ.: Mayor and City Council Chris Childs, City Administrator ~ Natural Gas Franchise Renewal I Utility Fee DATE: July 7, 1994 On December 13, 1993 the Council implemented Ordinance 2114 which established a utility usage fee (technically referred to as a privilege tax) based on gross revenues generated by Portland General Electric Co. Geared toward the utility company's use of street rights-of-way, these fees were specifically dedicated toward the development and construction of street improvements needed to eliminate and/or prevent traffic congestion as the city continues to grow over the next twenty years. The concept of a fair, equitable end broad-based transportation-related revenue source evolved during the series of 1993 public hearings on Traffic Impact Fees (TIF's) and other possible funding components of the city's 20-year Transportation Plan. Informal feedback from Council members since that time has indicated that a similar utility fee on gross revenues generated by Northwest Natural Gas Co. (NWNG) would be appropriate at such time as the franchise agreement with that company is renewed. A franchise renewal ordinance for NWNG is nearing completion and, based on the previous input from Council, a companion ordinance establishing a privilege tax on NWNG gross revenues will also be presented for Council consideration. While the Public Utilities Commission (PUC) establishes franchise fee levels which utilities may treat as ordinary costs of operations, ORS 221.450 allows a political subdivision to collect a maximum of 5% from any franchisee, including the amount authorized by the PUC. In the case of PGE, the PUC allows a 3-1/2% franchise fee which, combined with the city's additional utility fee, totals The PUC allows a 3% franchise fee for NWNG, so the city would be allowed to collect an additional 2% in the form of the added utility fee (privilege tax). A 2% fee, making the total percentage received from both utilities equal, would represent approximately $35,000 per year. This amount can obviously fluctuate with climate conditions and other factors. These funds would also be dedicated toward street and right-of-way improvements to enhance the quality of life and convenience of Woodburn residents. Added cost to a consumer with an $80 gas bill in the colder winter months would be $1.60. A second approach would be to enact the same, 1-1/2% utility, fee collected from PGE. However, coupled with the PUC-allowed franchise fee, this would total 15C Page 2 - NWNG Franchise/Utility Fee (7/7/94) only 4-112% for NWNG as opposed to the 5% for PGE. A 1-1/2% utility fee on NWNG gross revenues would represent approximately $26,600 per year. Added cost to the consumer with the $80 natural gas bill would be $1.20. Following the Council's implementation of the utility fee on PGE gross revenues, city staff responded to between thirty end forty telephone calls on the subject. While this number of calls is a small percentage of the approximately 5,000 households and businesses in the community, the city is mindful of those who do make contact. A few calls were actually supportive of the fee, but most were predictably opposed to varying degrees. In retrospect, it is worth noting that there were four common themes voiced by the callers: 'Just another city tax." When advised that the proceeds of the fee were specifically earmarked for major street improvements, ma. ny callers appeared pleased that the funds would be so dedicated, end satisfied that the funds were being earmarked for a most deserving purpose. Most seemed content that it was an 'equal" tax, paid on a percentage basis of total energy use by residential and business customers alike. ='Privileae tax' is an outra0eous name.= The city has little choice in the use of the term 'privilege tax=. The term derives from the very old state statutes that provide for and govern such a fee, and was originally intended to reflect the 'privilege= afforded to the utility companies in allowing them to utilize city-owned right-of-way. =Not enouah notice.= Callers were advised that the issue had been discussed on no less than two occasions by the Council. Some complained that the Council should have held a specific public hearing on the issue. PGE was formally notified more than sixty days prior to enactment of the ordinance and actively solicited subscriber input into the Council's decision-making process. 'Discriminatory aaainst oeoole with all-electric homes." Presumably, a similar utility fee on natural gas revenues would effectively eliminate this concern. Unless Council directs otherwise, a utility fee ordinance relative to NWNG will be forthcoming as noted above. Similarly, unless otherwise directed by the Council, the ordinance will include a 2% fee to reflect consistency in the city's overall fiscal relationship with both utility companies (at the 5% level allowed by statute). If the Council believes a public hearing on this matter desireable, this direction should be specifically conveyed to staff as well. 15D City of Woodburn Police Department MEMORANDUM 270 Montgom~97071 Ken Wrip~R~//~// (5O3) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: GSA Program Gasoline Subsidy In 1992 the department applied to the Oregon Surplus Property manager for gasoline purchase through the surplus ~ program. This gaao~ was part of a federal program of reclamation of gasoline through recycling of oil. Oregon has received approximately 1.5 million gallons of gasoline and diesel fuel annually. Last fiscal year I was notified by the State of Oregon that the program was in jeopardy and to not count on continue receiving the product. On June 28th Mr. John Ruger notified me that in fact the program has been canceled. As a result the gasoline savings the city and police department have enjoyed this past two years have come to an abrupt stop and we will be pmcha~g gasoline on the retail market. Through the GSA program we have paid $0.86 cents per gallon and retail market prices fluctuate between $1.10 and $1.21 per gallon. Over these past two years' the city has received 17,300 gallons of gasoline representing 54 % of our needs. The surplus program resulted in a $7,511 savings within the department budget. Budget Alert While we have been cautioned by the State to not count on receiving surplus gasoline within our budget, and to budget at the retail market price, we have had given this savings some consideration when developing our budget. Needless to say we will be tightening our budget belt and will be monitoring gasoline prices closely. While we are not in jeopardy it should be noted that with the ever increasing demand for services the costs also increase. I estimate that we will spend $3,500 - $4,000 more for the same amount of gasoline this coming budget. This will mean the possible reduction of purchases in other areas. MEMO TO: FROM: SUBJECT: DATE: Community Development Director Bob Arzoian, Building Inspector ~ Building Activity for JUNE, 1994 July 5, 1994 15E 2 $ 147,000 144 2,256,000 6 22,30O 0 0 0 0 5 3,000 10 484,000 ~ 1993 ~ 1994 No. ~ No. ~ 1 $120,000 $ $ 987,348 0 0 0 0 13 91,647 I1 68,400 2 20.747 0 0 2 330,000 2 18,128 10 21,094 7 6,915 1 55,000 0 0 S638,488 28 $1,080,791 July 1-lun~ 30 Fiscal Yeardo-Date ~;~0r478.419 :~21.175.157 Robert Arzoian Building Official RS:bw July 11,1994 Mayor Kelley and Members of the Council, City of Woodburn 270 Montgomery St., Woodburn, OR 97071 Ladies and Gentlemen: On June 13th, I think it was, I suggested increased citizen involvement to you. Your interest included a request for an estimate as to the cost. Costs, it seems, are dependent upon the program contemplated. Not having that available, my attention centered on some interesting material. Almost exactly two years ago Governor Roberts cover letter went with copies of a handbook entitled, "How To Put The People In Planning" to each city and county planning department in Oregon. 'The purpose of the handbook was to be "...a 'how-to' manual about public participation in land use planning. It tells how to run a successful program for citizen involvement." While dealing specifically with land use planning, the handbook contains much of value in the broader application of citizen involvement. Goal 1, on page 7, requires that each city and county in Oregon "develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process.""Goal 1 is mandatory: its provisions have the force of law." The introductory statements include the comment that, "Every city and county in Oregon has adopted a citizen involvement program." and that they have been reviewed by the state's Citizen Involvement Advisory Committee (CIAC) and by the Land Conservation and Development Commission (LCDC). Reference is also made to the fact that the foregoing "...took place in the late 1970s and early 1980s." And further that, "Most cities and counties have not amended their CIPs since they were acknowledged." and that "Any changes to the CIP constitute a plan amendment, subject to the state and local regulations that govern such amendments." (CIP meaning Citizen Involvement Program) Goal 1 has six major components. No 1--Citizen Involvement--Provide for widespread citizen involvement. No 2--Communication--Assure effective two-way communications between local officials and citizens. No 3--Citizen Influence--Provide the opportunity for citizens to be involved in all phases of the planning process. No 4--Technical Information--Assure that technical information is available in an understandable form. No 5--Feedback Mechanisms--Assure that citizens get responses from policy makers. No 6--Financial Support--Ensure adequate funding for the citizen involvement program. The handbook specifies a local Committee for Citizen Involvement (CCI), "... with citizen involvement as its only responsibility", as the way to ensure "... that citizens are not forgotten in the planning process." In Appendix "A" to the handbook, "Committee members shall be selected by an open, well-publicized public process." and be "...broadly representative of geographic areas and interests related to land use and land-use decisions." Any substitute for this committee involves notification to the state Citizen Involvement Advisory Committee through the Land Conservation and Development Commission. A copy of Appendix "A" is enclosed. According to the DLCD handbook, which should have been in city files for two years, Woodburn would have had an "acknowledged" Citizen Involvement Program (CIP) for from 10 to 15 years. A public review seems long overdue. Therefore, I would like to offer two suggestions: 1.--That a report be prepared which compares the recommendations and requirements in the Dept. of Land Conservation and Development's handbook, "How To Put The People In Planning", with what has been done in the past and what is being done now, and with specific time-dated steps to be taken to correct any deficiencies. 2.--That a parallel report be prepared outlining actions required to broaden the above concepts to cover the functioning of our local government as a whole. In keeping with the spirit of citizen involvement it seems highly appropriate to suggest that these reports be widely publicized, prior to a joint Council-Citizen public conference to finalize Woodburn's CIP, before submission to the State for approval. A public conference is proposed to foster unlimited discussion and should undoubtedly be chaired by the Mayor, a Woodburn-wide elected official. I submit this letter in the sincere belief that positive and timely action for increased citizen involvement is an essential ingredient to the furthering of smooth government-citizen relationships, and for the good of our community. Sincerely yours, Preston . 2197 Camellia Way Encl.:Appendix A: Goal 1, Citizen Involvement How To Put The People In Planning. lette rsV1/8/a: \cip01. ltr G~)AL 1: CITIZEN INVOLVEMENT GOAL: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The goveming body charged with preparing and adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the on-going land-use plannin8 process. The citizen involvement program shall be appropriate to the scale of the planning effort. The program shall provide for continuity of citizen participation and of information that enables citizens to identify and comprehend the issues. Federal, state and regional agencies, and special-purpose disU'icts shall coordinate their planning efforts with the affected governing bodies and make use of existing local citizen involvement programs established by counties and cities. The citizen involvement program shall incorporate the following components: Citizen Involvement -- To provide for widespread citizen involvement. The citizen involvement program shall involve a cross-section of affected citizens in all phases of the planning process. As a component, the program for citizen involvement shall include an officially recognized committee for Citizen involvement (CCI) broadly representative of geographic areas and interests related to land use and land-use decisions. Committee members shall be selected by an open, well-publicized public process. The committee for citizen involvement shall be responsible for assisting the governing body with the development of a program that promotes and enhances citizen involvement in land-use · Planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement. If the governing body wishes to assume the responsibility for development as well as adoption and implementation of the citizen involvement program or to assign such responsibilities to a planning commission, a letter shall be submitted to the Land Conservation and Development Commission for the state Citizen Involvement Advisory Committee's review and recommendation stating the rationale for selecting this option, as well as indicating the mechanism to be used for an evaluation of the citizen involvement program. If the planning commission is to be used in lieu of an independent CCI, its members shall be selected by an open, well-publicized public process. Communication -- To assure effective two-way communication with citizens. Mechanisms shall be established which provide for effective communication between citizens and elected and appointed officials. Citizen Influence -- To provide the opportunity for citizens to be involved in all phases of the planning process. Citizens shall have the opportunity to be involved in the phases of the planning process as set forth and defined in the goals and guidelines for Land Use Planning, including Preparation of Plans and Implementation Measures, 4~ Plan Content, Plan Adoption, Minor Changes and Major Revisions in the Plan, and Implementation Measures. Technical Information -- To assure that technical information is available in an understandable form. Information necessary to reach policy decisions shall be available in a simplified, understandable form. Assistance shall be provided to interpret and effectively use technical information. A copy of all technical information shall be available at a local public library or other location open to the public. Feedback Mechanisms -- To assure that citizens will receive a response from policy-makers. Recommendations resulting from the citizen involvement program shall be retained and made available for public assessment. Citizens who have participated in this program shall receive a response from policy-makers. The rationale used to reach land-use policy decisions shall be available in the form of a written record. Financial Support -- To insure funding for the citizen involvement program. Adequate human, financial, and informational resources shall be allocated for the citizen involvement program. These allocations shall be an integral component of the planning budget. The governing body shall be responsible for obtaining and providing these resources. A. CITIZEN INVOLVEMENT A program for stimulating citizen involvement should be developed using a range of available media (including television, radio, newspapers, mailings and meetings). Universities, colleges, community colleges, secondary and primary educational institutions and other agencies and institutions with interests in land-use planning should provide information on land-use education to citizens, as well as develop and offer courses in land-use education which provide for a diversity of educational backgrounds in land-use planning. In the selection of members for the committee for citizen involvement, the following selection process should be observed: citizens should receive notice they can understand of the opportunity to serve on the CCI; committee appointees should receive official notification of their selection; and committee appointments should be well publicized. B. COMMUNICATION Newsletters, mailings, posters, mail-back questionnaires, and other available media should be used in the citizen involvement program. CITIZEN INFLUENCE Data Collection - The general public through the local citizen involvement programs should have the opportunity to be involved in inventorying, recording, mapping, describing, analyzing and evaluating the elements necessary for the development of the plans. Plan Preparation The general public, through the local citizen involvement programs, should have the GUIDELINES opportunity to participate in developing a body of sound information to identify public goals, develop policy guidelines, and evaluate alternative land conservation and development plans for the preparation of the comprehensive land-use plans. 3. Adoption Process The general public, through the local citizen involvement programs, should have the opportunity to review and recommend changes to the proposed comprehensive land-use plans prior to the public hearing process to adopt comprehensive land-use plans. 4. Implementation - The general public, through the local citizen involvement programs, should have the opportunity to participate in the development, adoption, and application of legislation that is needed to carry out a comprehensive land-use plan. Thc general public, through the local citizen involvement programs, should have the opportunity to review each proposal and application for a land conservation and development action prior to the formal consideration of such proposal and application. Evaluation - The general public, through the local citizen involvement progran~s, should have the opportunity to be involved in the evaluation of the comprehensive land-use plans. Revision - The general public, through th~ local citizen involvement programs, .should have the opportunity to review and make recommendations on propos, ed chaln,ges in comprehensive land-I~.~ ~p!ims prior to the public hearing process to formally considel- the proposed changes. D. TECHNICAL INFORMATION go Fo Agencies that either evaluate or implement public projects or programs (such as, but not limited to, road, sewer, and water construction, transportation, subdivision studies, and zone changes) should provide assistanc.~ to the citizen involvement program. The roles, responsibilities and timeline in the planning process of these agencies should be clearly del'reed and publicized. Technical information should include, but not be limited to, energy, natural environment, political, legal, economic and social data, and places of cultural significance, as well as those maps and photos necessary for effective planning. FEEDBACK MECHANISM At the onset of the citizen involvement program, the governing body should clearly state the mechanism through which the citizens will receive a response from the policy-makers. A process for quantifying and synthesizing citizens' attitudes should be developed and reported to the general public. FINANCIAL SUPPORT The level of funding and human resources allocated to the citizen involvement program should be sufficient to make citizen involvement an integral part of the planning process. 13