Agenda - 07/12/1993 CALL TO ORDER AND FLAG SALUTE
ROLL CALL
MINUTES
A. Council minutes of June 21 regular meeting and June 28, 1993.
regular and executive sessions.
B. Planning Commission minutes of June 24, 1993.
APPOINTMENTS AND ANNOUNCEMENTS
APPOINTMENTS
ANNOUNCEMENTS:
A. PUBLIC HEARING- SYSTEM DEVELOPMENT
CHARGES (TRAFFIC IMPACT FEES)
JUL Y 28, 1993, 7:00 PM, CITY HALL, COUNCIL CHAMBERS
B. INFORMATIONAL BUDGET COMMITTEE DISCUSSION WORKSHOP
JULY 15, 1993, 7:00 P.M., CITY HALL, COUNCIL CHAMBERS
PROCLAMATIONS
COMMITTEE REPORTS
A. Chamber of Commerce
B, Woodburn Comeback Campaign
COMMUNICATIONS
A. Written -
BUSINESS FROM THE PUBLIC
(This allows public to introduce items for Council consideration
not already scheduled on the agenda.)
3A
3B
Page 1 - Woodburn City Council Agenda, July 12, 1993
11.
PUBLIC HEARINGS
Dangerous Buildings (Earthquake Damage)
Ae
B.
C.
D.
E.
591 N. Front Street
237 N. Front Street.
573 N. Front Street.
(I.O.O.F.)
(Bahai)
(Pool hall)
199 N. Front Street. (Old bank building)
Annexation & Zone Map Amendment for approximately 115 acres
located adjacent to Boones Ferry Road north of Woodburn High
School (Tukwila property)
TABLED BUSINESS
GENERAL BUSINESS
A. Council Bill No. 1483 -
D.
E.
F.
Resolution setting public hearing on special
assessment for sidewalks along Highway 99E.
Council Bill No. 1484 - Resolution authorizing a contractual agreement
for consultant on the swimming pool renovation project.
Renewal of city property insurance coverage.
Bid award for Bi-Mart/Kmart signal installation.
National Night Out street closures.
Continuing education related to city government management.
APPROVAL OF CLAIMS
8A
8B
8C
8D
8E
10A
10B
10C
10D
IOE
10F
12. PUBLIC COMMENT
13. NEW BUSINESS
14. SITE PLAN ACTIONS
15.
16.
17.
STAFF REPORTS
A. Water contamination status report.
MAYOR AND COUNCIL REPORTS
ADJOURNMENT
15A
Page 2 - Woodburn City Council Agenda, July 12, 1993
COUNCIL WORKSHOP MEETING MINUTES
June 21, 1993
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JUNE 21, 1993.
0003
CONVENED. The Council met in a workshop session at 7:00 p.m. with Mayor
Kelley presiding.
RO L__~_LL_~ALL.
Mayor Kelley Present
Councilor Figley Present
Councilor Galvin Present
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
0025
Staff Present:
City Administrator Childs, Public Works Director Tiwari, Police Chief Wright,
Finance Director Gritta, Park Director Holly, Library Director Sprauer, City
Recorder Tennant
Mayor Kelley read the meeting notice stating that the purpose of the workshop
was to provide the Council with a briefing of the meetings held June 1 6, 17, &
18, 1993 between the Mayor and department staff/city employees regarding
alleged Iow morale.
The Mayor stated that he had taped the sessions with the management staff
and Library personnel, however, the general employee session was not taped
due to objections from numerous employees. He also provided the Council
with a transcript of the June 16th management meeting which he had
personally prepared and short memos summarizing the other two employee
meetings.
City Administrator Childs also stated that he had copied letters from 8
employees for their review. At the end of the June 18th meeting, the Mayor
advised the employees that they could write letters to the Council addressing
their concerns. He did not include 3 letters that were received because they
were unsigned and one was withdrawn at the request of the employee. He
also requested that the Council consider the letters confidential and exempt
from public disclosure at this time under ORS 192.502(1) until City Attorney
Shields has an opportunity to review the statute and determine if it is
applicable.
Page I - Council Workshop Meeting Minutes, June 21, 1993
COUNCIL WORKSHOP MEETING MINUTES
June 21, 1993
TAPE
READING
0461
O6OO
Councilor Figley suggested that the same exemption should apply to the June
16th transcript.
Mayor Kelley stated that he had finished the transcript just before the Council
meeting and no one has seen any of the materials he has provided. He also
suggested that his memos be exempt from public disclosure until the City
Attorney has had time to review the statute.
During Council discussion regarding the memos, the Mayor stated that he had
taken notes at the meetings and summarized the main points discussed by the
employees as it relates to Iow morale.
Councilor Jennings questioned the Mayor's statement within the memo for the
June 18th meeting in which he accounted for much of the comments made by
the employees as scuttlebutt and heresay. He expressed his opinion that those
comments are just as important in getting down to the main source of the
problem as those from individuals willing to give their name and cite specific
situations.
The Mayor also commented on the fact that he represents the citizens of the
community and they have a right to know facts.
Councilor Sifuentez stated that she has confidence in the City staff, some of
which are also citizens within the community who contribute towards the cost
of city services. She felt that the morale was Iow amongst employees and the
Mayor and Council need to do something to improve the morale.
Further discussion was held as to what should be done by the Council at this
juncture.
Administrator Childs reiterated his request to only make the City employee
letters exempt from public disclosure at this time. He did not feel that the
Mayor's transcript or memos should be included in the exemption.
Councilor Mitchell suggested that open communication is the key to resolving
the problem. Employees should not feel compelled to speak their concerns for
fear of retribution and he encouraged employees to speak at this workshop so
the Council could understand their concerns.
Administrator Childs stated that many employees attended the June 18th
meeting, however, the City is still in negotiations with AFSCME represented
employees and they are unwilling to discuss specific details until such time ag
negotiations have concluded and a contract is in place.
Mayor Kelley stated that the intent of the meetings was to get the information
out to the Council. He was not looking for fault but looking for a cure to a
problem.
0775
Mayor Kelley briefly reviewed his memos and stated that 11 employees
expressed concerns regarding the Iow morale. Additionally, in his opinion, the
Library employees did not see a morale problem.
Page 2 - Council Workshop Meeting Minutes, June 21, 1993
COUNCIL WORKSHOP MEETING MINUTES
June 21, 1993
TAPE
READING
0914
Councilor Figley expressed her appreciation to the employees who wrote letters
to the Council. She stated that the employees do a terrific job for the City and
steps need to be taken towards positive communications between the staff
and Mayor/Council. Dialogue needs to be opened up in order for the
employees and Council to work as a team which hasn't been the case over the
last few months. She encouraged openness between the employees and
Council for the purpose of talking things out and getting any adversarial issues
out and into the open.
Councilor Jennings stated that he takes pride in the work done by the city
employees. He also hoped that the employees have enough faith in the
Council to work things out and he apologized to the employees for not telling
them often enough the great job they are doing.
Councilor Hagenauer expressed similar comments as Councilors Figley and
Jennings.
Councilor Sifuentez stated that most of her contacts are with Departments
Heads who provide the public with accurate information. She felt assured that
that the represented people get the information and she has always maintained
an open door policy. She also assured the employees that they are doing a
good job for the City.
Councilor Galvin stated that the Mayor and Council should apologize to the
employees for allowing this situation to even exist.
I O34
Mayor Kelley stated that his dialogue with the employees has opened up an
opportunity for the Mayor and Council to get the information out,
1090
Larry Minard, 333 Smith Drive, stated that he took issue with Mayor Kelley's
statement that he represents the citizens and not the employees. He did not
feel that the Mayor should have gone directly to the employees, rather, he
should have appointed an objective committee to solicit employee concerns
and the committee would be responsible for reporting back to the Council with
a summary of their findings. As a former City Councilor, he stated that the
Council needs to work hard to protect the employees in addition to addressing
the concerns of the public.
1179
Gary Kohfield, Wastewater Treatment Plant employee, stated that the most of
the employees want to work for Woodburn. He felt that the morale problem
was not between staff members from City Administrator on down, instead, the
problem began when Mayor Kelley took office. Comments regarding wages
and benefits have contributed to the problem. He expressed his displeasure in
the way the Mayor has cut the management staff down by trying to put blame
on them. He also stated that he did not feel that the Mayor accurately
summarized the June 18th employee meeting.
Page 3 - Council Workshop Meeting Minutes, June 21, 1993
TAPE
READING
130O
1458
1691
1817
COUNCIL WORKSHOP MEETING MINUTES
June 21, 1993
Police Chief Wright stated that the tone of the meeting on June 16th with
management staff was adversarial. Goals need to be established by the Mayor
and Council so that management staff can carryout their plans. At this point in
time, the Mayor and Council has not established any new goals or provided any
direction in which to follow.
Public Works Director Tiwari stated that the City has wonderful employees,
most of which are not use to speaking in large crowds but they still think
similar thoughts. Low morale cannot be boiled down to only one issue and it is
the responsibility of the Mayor and Council to make those employees feel
comfortable so that they will tell the whole story. He emphasized the need for
the person who is conducting the meeting to create an atmosphere in which
people are willing to share information. As a manager, he respects those
employees who produce well and, in return, it provides better dialogue and
respect from the Council and Mayor. He encouraged the Council to continue
working toward a solution.
Colleen Rehm stated that, as a part-time employee and a citizen of Woodburn,
she resented the Mayor's statement that he represented the citizens and not
the employees.
Mayor Kelley disagreed with her comment.
Administrator Childs stated that he had not had an opportunity to review
Mayor Kelley's memos or the transcript of the management staff meeting. He
questioned the Mayor as to whether or not there is a morale problem, however,
the Mayor did not answer the question. He commended the staff and
employees for approaching the Mayor and Council in a professional manner and
felt that a constructive plea was being asked of the Mayor and Council to
become positive of the City's organization and become part of the team.
Councilor Jennings assured the employees that no adverse action would be
taken against anyone who spoke at this meeting, wrote letters, or would be
speaking on this issue in the future. All of the Councilors agreed with
Councilor Jennings statement.
ADJOURNMENT.
The workshop adjourned at 8:05 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
Page 4 - Council Workshop Meeting Minutes, June 21, 1993
TAPE
READING
0001
0003
0017
0020
0047
0106
COUNCIL MEETING MINUTES
June 28, 1993
DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARIONv STATE OF OREGONv JUNE 28~ 1993.
CONVENED. The Council met in regular session at 7:00 p.m.
with Mayor Kelley presiding.
ROLL CALL.
Mayor Kelley Present
Councilor Figley Present
Councilor Galvin Absent
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works
Director Tiwari, Community Development Director Goeckritz,
Police Chief Wright, Park Director Holly, Library Director
Sprauer, Public Works Manager Rohman, city Recorder Tennant
MINUTES.
Councilor Figley stated that the June 7th Council minutes
should reflect that she was present at the meeting.
JENNINGS/FIGLEY .... approve the Council minutes of June 7 and
14, 1993 with the amendment to the June 7th meeting and accept
the Library Board minutes of May 26, 1993. The motion passed
unanimously.
APPOINT~WTS TO W~STE WATER ADVISORY COMMITTEE.
Mayor Kelley appointed the following individuals to serve on
the Waste Water Advisory Committee which will be in existence
for an 18 month period unless the Council decides to extend
the committee term at a later date: Bill Mitchell,
Chairperson; Wesley Bauer, Joann Bjelland, Preston Tack, Gil
Flaugher, Marvin Shelby, Scott Burlingham, Forrest Mills
(Aurora), Richard Barstead (Silverton), and Frank Tiwari
(Frank Sinclair as an alternate staff member).
JENNINGS/FIGLEY .... appointments be approved as recommended.
The motion passed 4-0-1 with Councilor Mitchell abstaining.
CwaMBER OF COMMERCE REPORT.
Jane Kanz, Executive Director, expressed the Chamber's
appreciation to the City, and in particular to the Public
Works and Police Departments, for their assistance during the
Settlemier Days celebration. She also advised the Council
that the Chamber is now receiving more visitors at their new
location in Fairway Plaza.
Page 1 - Council Meeting Minutes, June 28, 1993
COUNCIL MEETING MINUTES
June 28, 1993
TAPE
READING
0143
WOODBURN CON-BACK CAMPAION REPORT.
Councilor Figley stated that more volunteers are needed to
help with the July 4th Celebration which will be held at the
high school field. She encouraged the local residents to
attend the event sometime during the day and to enjoy the best
fireworks show in the valley.
0170
0372
0400
LETTER FROM WOODBURN DOWNTOWN ASSOCIATION.
The letter from WDA and the World Berry Museum urged the
Council to resolve the situation with the hazard areas within
the downtown area as soon as possible since it gives the
downtown area an "out of business" look.
Councilor Mitchell questioned what type of action the Council
can take to have property owners expedite the repairs.
Administrator Childs stated that the public hearings on the
dangerous buildings located in that area provide the Council
with an opportunity to work with the property owners in
locating resources for funding of the repairs and to keep
abreast of the situation. The Council wants the area cleaned
up as soon as possible but financial constraints to property
owners sometimes makes it more difficult to accomplish the
larger projects. Additionally, historic preservation is
important to the Council rather than demolition. As a last
resort, the Council could pass a Resolution to declare certain
buildings as a hazard and then take appropriate action.
Preston Tack, 2197 Camillia Way, read a letter into the record
critizing the Woodburn Independent reporter for not obtaining
Mayor Kelley's side of the "low morale" issue following the
June 21st special meeting.
Gilbert Flaugher, 1352 Astor Way, suggested that a citizen
review board be appointed to discuss the employee low morale
problem. He felt that it was a disservice to the community if
both sides of the story were discussed in an atmosphere in
which differences could be heard openly.
0441
0560
Orrin Ostrom, Museum Board chairman, expressed his concern
about the downtown buildings and the appearance the barricades
and taped sidewalks portray to local residents and visitors to
the downtown area. He also expressed concern regarding the
people living in the upstairs apartments at 479 N. Front
Street who allow their children to play on the roof. He
stated that everybody needs to work together to solve this
problem but it is imperative that the downtown area look more
appealing so the stores do not go out of business.
CONTINUATION OF PUBLIC H~RING - 591 N. FRONT ST. (I.O.O.F.
LODGE).
Mayor Kelley continued the public hearing at 7:21 p.m..
Page 2 - Council Meeting Minutes, June 28, 1993
TAPE
READING
0633
0851
COUNCIL MEETING MINUTES
June 28, 1993
Community Development Director Goeckritz stated that Don
Aljets Construction will be repairing the south parapet on
Wednesday or Thursday of this week with the project to be
completed by this weekend. It was the recommendation of the
staff to continue the public hearing until July 12th.
JENNINGS/FIGLEY... continue the public hearing until Monday,
July 12, 1993 at 7:00 p.m.. The motion passed unanimously.
CONTINUATION OF PUBLIC W~RING - 479 N. FRONT ST. (SMART SHOP
BUILDING).
Mayor Kelley continued the public hearing at 7:24 p.m..
Community Development Director Goeckritz stated that the
upstairs apartments are allowed to have occupancy of up to 10
individuals since there is only one fire escape. This
particular project does require a significant amount of money
to repair and the property owner has applied for a Small
Business Administration loan.
Dave Lindenmuth, property owner, stated that he is still
dealing with the SBA for a loan and he hopes to receive
tentative approval within the near future. He stated that if
funding becomes available, he will make the necessary repairs
since his home is part of the collateral on the purchase of
the downtown building. Additionally, he has two structural
engineering firms available that would be able to assist him
immediately in finalizing the plans, however, it may be
another month before the SBA makes their decision. He also
plans to rebuild the structure to its original form.
Councilors Mitchell and Figley commended Mr. Lindenmuth for
his effort in trying to secure funding for the repairs.
JENNINGS/MITCHELL .... continue the public hearing until
Monday, July 26, 1993 at 7:00 p.m.. The motion passed
unanimously.
COUNCIL BILL NO. 1476 - ORDINANCE ADOPTING A BUDGET FOR FISCAL
0952
YEAR 1993-94.
Council Bill 1476 was introduced by Hagenauer. Recorder
Tennant read the first reading of the bill by title only since
there were no objections from the Council.
Administrator Childs reviewed the staff memo which summarized
revenue and appropriation increases contained in the proposed
ordinance as allowed by State budget law.
The second reading of the bill was also read by title only.
On roll call vote for final passage, Council Bill 1476 passed
unanimously. Mayor Kelley declared the bill duly passed with
the emergency clause.
COUNCIL BILL NO. 1477 - RESOLUTION AUTHORIZING TRANSFER OF
APPROPRIATIONS DURING FISCAL YEAR 1992-93.
Council Bill 1477 was introduced by Councilor Hagenauer. The
bill was read by title only since there were no objections
Page 3 - Council Meeting Minutes, June 28, 1993
TAPE
READING
1023
1066
1098
1066
1180
COUNCIL MEETING MII~]TES
June 28, 1993
from the Council. On roll call vote for final passage, the
bill passed unanimously. The Mayor declared Council Bill 1477
duly passed.
CO~CIL BILt NO. 1478 - R~5OLUTION CERTIFYING THE CITY'S
ELIGIBILITY TO RECEIVE STATE-SWaRED
Councilor Hagenauer introduced Council Bill 1478. Recorder
Tennant read the bill by title only since there were no
objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kelley declared
Council Bill 1478 duly passed.
COUNCIL BILL NO. 1479 - RESOLUTION CALLING FOR A PUBLIC
~RING ON THE ANN~aTION OF CERTAIN PROP~RT~
Council Bill 1479 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
1479 duly passed.
Mayor Kelley questioned the staff as to whether or not the
City owns parkland in the proposed annexed area which is
considered as wetlands.
Community Development Director Goeckritz stated that the land
which lies along the creek is privately owned and will be part
of the golfcourse's greenway.
COUNCIL BILL NO. 1480 - RESOLUTION ENTERING INTO A COOPERATIVE
AGR~WR_WT WITH T~ STATE OF OREGON FOR T~ INSTALLATION OF
TRAFFIC SIGNAL AT THE KMART/BI-MART 5~nI~ED ACCESS TO awx. 214.
Council Bill 1480 was introduced by Hagenauer. The bill was
read by title only since there were no objections from the
Council. On roll call vote for final passage, Council Bill
1480 passed unanimously. Mayor Kelley declared the bill duly
passed.
COUNCIL BILL NO. 1481 - RESOLUTION AUTHORIZING AGREEMENT WITH
MARION COUNTY FOR HEPATITIS B IMMUNIZATION.
Council Bill 1481 was introduced by Councilor Hagenauer.
Recorder Tennant read the bill by title only since %here were
no objections from the Council. On roll call vote for final
passage, the bill passed unanimously. Mayor Kelley declared
Council Bill 1481 duly passed.
1249
COUNCIL BILL NO. 1482 - RESOLUTION AUTHORIZING ADDENDUM OF
C~nLE TV CONSULTANT CONTRACT.
Councilor Hagenauer introduced Council Bill 1482. The bill
was read by title only since there were no objections from the
Page 4 - Council Meeting Minutes, June 28, 1993
TAPE
READING
1289
COUNCIL MEETING MINUTES
June 28, 1993
Council. On roll call vote for final passage, Council Bill
1482 passed unanimously. The Mayor declared the bill duly
passed.
REQUEST FOR STREET CLOSURE - DRUMS OF FIRE SUMMER MUSIC GAMES.
1305
A request to close Park Avenue between Alexandra and James
Street on July 1, 1993 from 12:00 noon until the end of the
program was submitted by Drums of Fire, Inc.. Police Chief
Wright recommended that the Council approve the request.
SIFUENTEZ/FIGLEY .... approve the request to close Park Avenue
between Alexandra and James Street on July 1, 1993. The
motion passed unanimously.
R~QUEST FOR "NO PARKING" ON WEST HAYES ST. IN FRONT OF NELLIE
MUIR SCHOOL.
Staff members of Nellie Muir School have requested the
installation of "No Parking" signs on the south side of West
Hayes Street in front of the school. The Public Works
Engineering staff has recommended that the "No Parking" signs
be installed to eliminate traffic hazards.
SIFUENTEZ/MITCHELL .... approve the recommendation to install
"No Parking" signs on the south side of West Hayes Street in
front of the school. The motion passed unanimously.
~320
REQUEST FOR RELOCATION OF EASEMENT IN LIBRARY PARK.
U.S. West Communications had previously been granted a 5'x 5'
easement in Library Park for the purpose of installing a
maintenance cabinet. However, during their engineering phase
to install the cabinet, they have determined that it would be
better placed in the northwest corner of Library Park. They
are requesting a 5'x 18' easement and the existing easement
would be canceled. Staff recommends that the easement be
granted.
JENNINGS/SIFUENTEZ .... approve the request to grant an
easement to U.S. West Communications as recommended by staff.
The motion passed unanimously.
1350
Betty Stuchlik, 938 Oregon Way, questioned the distance in
which "No Parking" would be allowed on West Hayes Street.
Councilor Figley stated that the area would be limited to on-
street parking directly in front of the school.
1380
Councilor Jennings stated that the yellow tape across the
sidewalks in the downtown area is taken down regularly. He
stated that the barricades and tapes make the area look as if
it is closed for business. Even though the City may take a
risk as it relates to public safety, he suggested that the
cones be removed from the roadway to encourage people to shop
and/or visit the downtown area.
Councilor Figley expressed her concern regarding the large
Page 5 - Council Meeting Minutes, June 28, 1993
TAPE
READING
1730
1934
COUNCIL MEETING MINUTES
June 28, 1993
number of vacant buildings in the downtown area. She felt
that the Mayor and Council representatives, along with the
Woodburn Downtown Association and Chamber of Commerce, should
encourage or recruit businesses to the downtown area.
Councilor Sifuentez questioned the City's potential liability
if the cones are removed.
City Attorney Shields stated that there is some liability
since the City knows that the buildings are potentially
dangerous and are taking necessary steps to remedy the
situation. The City is under some obligation to protect the
people that maybe injured from falling debris, however, the
loose debris has been removed at this point and the potential
danger would occur if there were another earthquake before all
repairs are completed.
Councilor Jennings stated that the Council is still continuing
the public hearings to get the property owners to make the
necessary repairs but existing businesses may be gone before
those repairs are made due to lack of customers.
Councilor Figley reiterated her comments that the City needs
to take a leadership role in encouraging business activity in
the downtown area.
JENNINGS/HAGENAUER .... cones be removed in front of the former
Smart Shop building and the Salud building. The motion passed
unanimously.
It was noted that the sidewalks will continue to have tape
across specific areas that could be hazardous to pedestrians.
Councilor Mitchell questioned what method could be used to
pursue development of downtown.
Councilor Figley suggested that a meeting be scheduled of
various representatives to get some dialogue going on this
issue.
Following some discussion on this subject,
FIGLEY/JENNING$ .... Administrator Childs schedule a meeting
among 2 representatives of the Council, Woodburn Downtown
Association, World Berry Museum, Chamber of Commerce, and the
Community Development Director regarding the viability of the
downtown area. The motion passed unanimously.
Councilor Jennings suggested the Councilors Mitchell and
Figley represent the Council at this meeting.
Gilbert Flaugher, 1352 Astor Way, stated that he was
encouraged by the Council's discussion to improve the downtown
area, however, steps also need to be taken to improve the
condition of homes which surround this area.
Betty Stuchlik suggested that the city contact other cities
such as Salem to find out more information on how they
revitalized their downtown area.
Page 6 - Council Meeting Minutes, June 28, 1993
COUNCIL MEETING MINUTES
June 28, 1993
TAPE
READING
2014
WATER CONTAMINATION UPDATE.
Public Works Manager Rohman provided the Council with a
detailed review of the water contamination problem in a
specific area of Senior Estates. He stated that the State
Health Division was advised immediately of the problem and
discussions with them have entailed specific procedures to
follow to isolate the problem area and flush the water lines.
At this point in time, the Health Division is not concerned
about the positive samples and no action is required by city
residents. Public notice has been given to the residents and
the City has exceeded the legal requirements in providing
public notice. He also stated that the samples tested did not
contain fecal coliform or E. coli bacteria.
2446
STATUS REPORT - ~aNNRY~TION OF AGRIPAC.
Public Works Director Tiwari stated that representatives of
Agripac have been cooperative and negotiations are taking
place on this issue. The city's willingness to serve their
potable water and sanitary sewer needs is an important issue
which needs further discussion as it relates to the old
Agripac plant. However, it has been agreed that the City will
allow fire protection water use and domestic sewage treatment
at 1.5 times the inside city rate. The Agripac Board will
next meet in July at which time they will discuss a time table
for future negotiations with the City.
2700 STATUS OF BUILDING LOCATED AT $73 N. FRONT STREET (POOL HALL).
Community Development Director Goeckritz stated that the
property owners did obtain a structural engineering report,
however, the County Building officials report indicated that
the engineering report was acceptable for the second story
repairs but did not address the potential damage to the first
floor or there interconnection. The repairs must also be
close to the seismic code level 3. The public hearing on this
particular building had previously been continued until July
12, 1993. He also stated that the Small Business
Administration is ready to loan money to the property owners,
however, the amount of the loan will not be known until the
current problem relating to the engineering report is
addressed.
2955 The staff suggested that a Council workshop on a traffic
systems development charge be scheduled at the earliest
possible date.
Tape 2 It was the consensus of the Council to hold a workshop on
Wednesday, July 7, 1993, at 7:00 p.m..
Page 7 - Council Meeting Minutes, June 28, 1993
COUNCIL MEETING MINUTES
June 28, 1993
TAPE
READING
0022
0028
0038
EXECUTIVE SESSION.
JENNINGS/FIGLEY .... adjourn to executive session under the
authority of ORS 192.660(1)(h) to discuss the Portland General
Electric franchise renewal. The motion passed unanimously.
The meeting adjourned to executive session at 8:30 p.m. and
reconvened at 9:08 p.m..
Following the executive session, Mayor Kelley advised the
public that no decision will be made by the Council.
Councilor sifuentez stated that she was excited about the
activities scheduled within the community on July 4th and she
encouraged public participation.
Councilor Jennings reminded the public of the Drum & Bugle
Corps show scheduled for July 1, 1993 at Legion Field.
Councilor Figley stated that she was proud of the work
performed by the Department Heads and the professionalism
displayed by those individuals to do the right job. She also
reminded the public of the Fireworks show scheduled for 10:00
p.m. on July 4th at the high school field.
Councilor Mitchell stated that the staff has taken time to
explain various issues to him and he expressed his thanks for
their assistance. He also stated that he was proud of the
community support and of his opportunity to serve on the
Council.
Administrator Childs also advised the Council that an
informational budget meeting will be scheduled in mid-July and
Committee members will be notified as soon as the meeting date
and time has been set.
0163
ADJOURNMENT.
The meeting adjourned at 9:14 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
city of Woodburn, Oregon
Page 8 - Council Meeting Minutes, June 28, 1993
Executive Session
COUNCIL MEETING MINUTES
June 28, 1993
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION,
STATE OF OREGON, JUNE 28, 1993.
CONVENED. The Council met in executive session at 8:32 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 Absent
Councilor Hagenauer Present
Councilor Jennings Present
Councilor Mitchell Present
Councilor Sifuentez Present
Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant,
Finance Director Gritta.
City Administrator Childs provided the Council with a status report on the franchise renewal
with Portland General Electric.
ADJOURNMENT.
The executive session adjourned at 9:05 p.m..
APPROVED
LEN KELLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page I - Executive Session, Council Meeting Minutes, June 28, 1993
1)
2)
3)
4)
5)
MINUTES
PLANNING COMMISSION MEETING
JUNE 24, 1993
ROLL CALL:
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Mr. Johnson Absent
Mrs. Warzynski Present
Mrs. Bjelland Present
Mrs. Henkes Absent
Mrs. Grijalva Present
Mr. Pugh Present
Mr. Bauer Present
Mr. Stoval Present
Staff Present:
Steve Goeckritz, Community Development Director
Teresa Engeldinger, City Planner
MINUTES:
Woodburn Planning Commission meeting minutes of May 19, 1993 were accepted
as printed.
City Council minutes of May 24, 1993 were accepted as presented.
BUSINESS FROM THE AUDIENCE:
None
COMMUNICATIONS:
None
PUBLIC HEARING:
ANNEXATION HAZELNUT PARTNERS (TUKWlLA) #93-01, ZONE MAP
AMENDMENT #93-05
Staff read the statement necessary to open the public hearing.
Staff stated that the applicant wished to annex, to the City of Woodburn, property
to allow further development of the Tukwila Golf Course. Staff went over the
findings and facts listed in the staff report. Staff's recommendation was to
approve this application with the conditions listed in the staff report.
pcm06.024
SG:bw
The applicant, Mike Campbell, representing the Hazelnut Partnership stated that
he felt that staff had covered everything and he would be willing to answer any
questions that the Commission had.
There were no questions from the Commission.
Wally Lien, lawyer from Salem, representing the Senior Estates Neighborhood
Association, stated that there was some concern in Senior Estates about the traffic
this annexation would generate. He stated that the Senior Estates Neighborhood
Association felt that since the infrastructure is not in this area that the annexation
should not take place. He continued his concerns regarding the traffic issues and
stated that there was not enough information at this time to make a final decision.
He stated that the Senior Estates Neighborhood Association was against this
annexation.
Mike Campbell, applicant, stated that Marion County has given their approval of
this project. A traffic study has been done. These issues have been gone over.
Staff commented that at this time only 115 acres were being annexed. This was
only a conceptual plan at this time. When a more solidified plan was received a
more thorough analysis can be made on the traffic impacts in this area. As for the
Golf Course, the city has gone through a Planned Unit Development (PUD)
process, in which open space recreation areas and those types of uses are
allowed in a PUD. Staff stated that the Conditional Use approval has been given
by Marion County.
Vice Chairperson Warzynski closed the public hearing.
Commissioner Bauer stated that everyone was concerned about the traffic impact.
He made the motion that the Commission approve the annexation application.
Commissioner Stoval seconded the motion.
A roll call vote was taken.
Warzynski - yes
Djelland - yes
Stoval - yes
Grijalva - yes
Bauer - yes
The motion passed unanimously.
SPR 93-05 FLEETWOOD PLANT EXPANSION
Staff read the statement necessary to open the public hearing.
pcm06.024 2
SG:bw
Staff stated that the applicant, Fleetwood Homes of Oregon, wished to pave two
graveled areas along Progress Way for additional employee parking, fence in all
parking and build a 8' x 8' guard shack, expand the present semi-permanent
production office, add another semi-permanent structure at the northeast corner
of the building ad an awning to the west side of south plant building for increased
material storage, extend pavement on the north side of the north plant by 16 feet.
Staff recommended approval of this application subject to the condition listed in
the staff report.
The applicant, Terry Walker, Fleetwood Homes of Oregon, Inc., stated that a new
shift of work would be added from 5 pm to 1:30 pm and this would employ 160
more people.
No one wished to speak for or against this proposal.
Vice Chairperson Warzynski closed the public hearing.
Commissioner Bauer made the motion to approve SPR 93-05 as presented subject
to any staff limitations.
Commissioner Pugh seconded the motion.
A vote was taken and the motion passed unanimously.
6) REPORTS:
A. SPR 93-06 CREDO COMPANY AWNING IMPROVEMENT
Staff stated that an administrative decision was made to allow the awning
improvement to the Credo Company.
B. SYSTEMS DEVELOPMENT CHARGES
Staff stated that Don Ganer and Frank Tiwari would be explaining the program to
the Commission.
Mr. Tiwari explained that systems development charges (SDC) or traffic impact fee
(TIF) referred only to NEW development. He stated that Storm Water Drainage
fees were for NEW development. He then introduced Mr. Don Ganer.
Mr. Ganer explained to the Commission the Systems Development Charges
Methodology Report which was included in their packet. He explained the
formulas that were used to calculate the SDC rates.
pcm06.024
SG:bw
Mr. Tiwari stated that this would be one component of the total package that has
been talked about. He went over the other components that had been discussed
at the previous meeting.
C. SENIOR ESTATES NEIGHBORHOOD ASSOCIATION (SENA)
Wally Lien, Land Use Lawyer in Salem representing the Woodburn Senior Estates
Neighborhood Association, stated that neighborhood associations were generated,
initially, back even before there was zoning codes and, ironically, the first goal of
the Statewide Goals and guidelines is the private citizen involvement.
He stated that the Senior Estates Neighborhood association is a non-profit
corporation and, for the record, it carries Corporation Division No. 349330-85. It
is run by an executive committee, it has by-laws, it has boundaries that are
established that coincide with the Woodburn Senior Estates.
He stated that the first thing he wanted to talk about was what the neighborhood
association wanted from the city was recognition. Recognition means whatever
you as the city wants it to mean. The second thing is that neighborhood
associations get preferred status on your public hearing procedure. The third
element is access to staff assistance and this is an area that directly depends
upon the resources and commitment to the planning process. The last thing is
attendance of training seminars. Finally one of the issues that a neighborhood
association can provide to the city is police advisory agents.
He stated that one of the most dynamic things that result from neighborhood
associations is the development of new community leaders. We are trying to show
what valuable resources we can be in transportation planning process. He
referred to people who work/serve the City of Salem. He stated that the City of
Salem Chapter 64 is five or six pages of legalese that adopts a neighborhood
association plan. He stated that the neighborhood association would work
through Chapter 64 and come up with a revised version of rule 64 that is more
particularized to the City of Woodburn. At this point in time what they wanted was
informal recognition which means nothing more that you recognize that we exist
ant that we're out there and you put us on your agenda for your next meeting or
perhaps the meeting after that in which we can more particularly discuss how to
implement this as a pilot program.
Vice Chairperson Warzynski what part of Senior Estates Mr. Lien was representing
or was he representing the entire Senior Estates or part of Senior Estates.
Mr. Lien answered that it was his understanding that all of Senior Estates but the
Mobile Home Park.
Staff explained that he felt comfortable with the neighborhood association but the
resources are short but we will provide as much assistance as we can.
pcm06.024
SG:bw
Staff stated that he could recommend that they come back with a draft of their
own, so the Commission could review.
Commissioner Pugh asked for a point of clarification of would the neighborhood
association come forth with a unified vote to us or they come with a
recommendation.
Mr. Lien stated that you have to allow the flexibility for case-by-case decision.
Commissioner Bjelland was concerned about more powerful people becoming a
biased group.
Mr. Lien stated that he did not know the demographics but he stated that this had
happened, but it didn't last long.
Commissioner Bauer had concerns about the percentage of the populous of the
Senior Estates. He told Mr. Lien that he wished to have him bring back to the
Commission the percentage of the populous of the Senior Estates that is being
represented.
Vice Chairperson Warzynski suggested that Mr. Lien get this on the agenda so it
could be continued at that time.
D. SENIOR ESTATES MUNICIPAL WELL #1
Staff stated that this was in the reports for the Commission's information.
E. CHAPPELL DEVELOPMENT PROPOSAL WITHDRAWN
Staff stated that this has been withdrawn due to finances.
Commissioner Pugh made the motion to write a letter expressing the
Commission's regrets that this project had to be withdrawn.
Commissioner Dauer seconded the motion.
Staff stated that would be done.
F. BUILDING ACTIVITY- MAY, 1993
G. CODE ENFORCEMENT REPORT - MAY, 1993
7)
BUSINESS FROM THE COMMISSION:
None
pcm06.024
SG:bw
8)
ADJOURNMENT:
There being no further business the Planning Commission meeting adjourned.
pcm06.024 6
SG:bw
DATE:
JULY 8,1993
MEMO
TO:
MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR
FROM:
STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
CONTINUATION OF PUBLIC HEARING OF MAY 10, 1993 CONCERNING
DISPOSITION OF THE DANGEROUS BUILDING LOCATED AT 591 N. FRONT
STREET ( IOOF LODGE)
Don Aljets of Aljets construction has removed that portion of the parapet on
the North West corner of the building that was found to be unstable and
constituted a potential hazard to pedestrian traffic. In the opinion of the
Building Official, the structure no longer constitutes a dangerous building.
Since the danger of the unstable parapet has been removed, staff
recommends the structure be removed from the dangerous building list. Any
subsequent reconstruction or renovations will be reviewed by the Building
Official as may be normally required.
In a telephone conversation of July 7, 1993, with a representative of Aljets
Construction, it was confirmed to our Building Official that the owner of the
property was in the final stages of securing financing to rebuild the parapet
and do some internal renovation to the structure.
RECOMMENDATION: That Council close the public hearing on this building and remove
it from the Dangerous Building list.
MEMO
DATE:
JULY 8,1993
TO:
MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR
FROM:
STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
CONTINUATION OF PUBLIC HEARING OF MAY 10, 1993 CONCERNING
DISPOSITION OF THE DANGEROUS BUILDING LOCATED AT 237 N. FRONT
STREET (BAHAI)
The City Building Official has been in contact with Mr. David House regarding
the disposition of the BAHAI structure. It was conveyed to our Building
Official that a meeting was going to be held on the evening of July 15, 1993
among BAHAI members to select from various bid proposals a contractor to
do the repairs to the structure.
Our Building Official informed Mr. House that BAHAI representatives should
be present for the July 12, 1993 Council meeting. Mr. House stated he or
a representative would attend that Council meeting.
RECOMMENDATION:
Subject to any testimony by the property owner on progress to
date, continue the hearing to a date certain on either July 26,
1993 or August 9, 1993.
MEMO
DATE:
JULY 8,1993
TO:
MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR
FROM:
STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
CONTINUATION OF PUBLIC HEARING OF MAY 10, 1993 CONCERNING
DISPOSITION OF THE DANGEROUS BUILDING LOCATED AT 573 N. FRONT
STREET ( POOL HALL)
In the staff memo of June 24, 1993, I outlined the progress being made to
the pool hall. The following is an excerpt from that memo, "in assessing the
requirements as to what is needed to bring the structure up to Uniform
Building Code (UBC) standards, the following three conclusions were made
by Marion County Building Officials:
1) The plans submitted by Trapp and Associates were
"acceptable as submitted." It should be noted, however, the
plans only detailed the repairs to the second story.
2) The plans did not fully take into consideration the potential
damage to the first floor of the structure. The UBC calls for the
Icad forces to be analyzed all the way to the foundation.
3) The project may be subject to standards as required under
the Americans with Disabilities Act of 1990 (ADA).
Since receiving the Marion County correspondence, staff has met with Dave
Trapp Engineers and the Marion County Building Official, separately, to
discuss various construction alternatives.
It appears that some design alternative has to be worked out that insures a
level of occupant safety, is cost effective, and does not leave the adjoining
structures in a position that their structural integrity is jeopardized.
If the structure is razed and since it shares a common wall with the buildings
on its north and south sides, any removal, in the estimate of our building
officials, would jeopardize the wall integrity of the building on either side of
the pool hall.
City staff, Marion County Building Officials, Dave Trapp and Associates, the
Structural Engineer, and property owners will be meeting July 14, 1993 in an
attempt to resolve this issue. Scheduling conflicts among the parties
prevented the scheduling of this meeting prior to the July 12, 1993 council
meeting.
RECOMMENDATION: Continue the hearing until the July 26, 1993 Council meeting.
DATE:
JULY 8, 1993
MEMO
TO:
MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR
FROM:
STEVE GOECKRITZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
CONTINUATION OF PUBLIC HEARING OF MAY 10, 1993 CONCERNING
DISPOSITION OF THE DANGEROUS BUILDING LOCATED AT 199 N. FRONT
STREET ( OLD BANK BUILDING)
An Engineer's report assessing the damage to the structure was filed with the
Building Official in early May of 1993. However, no Engineering report has
been submitted that describes how structural repairs will be made to the
building to make it safe for occupancy.
As the Council is aware, Mrs. Nora Fives, owner of the building has been
before the council and has requested additional time in which to sell this
structure to someone that would be interested in renovating it.
The Council has in turn been willing to provide additional time for the
property owner to sell the structure with hope that the building can be saved
and renovated because of its historic value to the community.
The Building Official has contacted Nora Fives and has requested that she
attend the July 12, 1993 hearing to provide council a progress report.
RECOMMENDATION:
That Council, based on testimony provided by owner Nora Fives,
make a determination as to what further action is appropriate.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Woodburn Planning Commission
Annexation 93-01 and Zone Map Amendment 93-02 for Approximately 115
Acres Located Adjacent to Boones Ferry Road North of Woodburn High School
July 8, 1993
At their hearing of June 24, 1993 the Woodburn Planning Commission reviewed the
proposed annexation and zone map amendment request. The commission, after taking
testimony, closed the hearing and moved to recommend to the city council the annexation
of this 115-acre parcel.
The city council may choose one of the following alternatives:
(1)
(2)
(3)
Approve the recommendation as requested by the planning commission
Approve, but modify, the planning commission's recommendation
Deny the request, with findings, of the applicant's request
SG:Ig
93-01 .CC
STAFF REPORT
ANNEXATION 93-01
ZONE MAP AMMENDMENT 93-02
APPLICANT:
Jay Glatt Inc. & Charles M. & Neelie A. Schultz
6133 Trevino Ct N., Salem
16710 Boones Ferry Rd, Woodburn
II
III
NATURE OF THE APPLICATION:
The applicant has submitted a petition requesting to annex to the City of Woodburn.
The owners of the subject property have filed the necessary petition and do consent
to the proposed annexation. Annexation of this site will allow further development
of the Tukwila Golf Course. It is anticipated that this next phase will involve both
residential development as well as the construction of the golf course. Following
annexation, the subject property will be reclassified as single family to conform with
the current Comprehensive Plan designation. The owners will then be required to
process an application for a Planned Unit Development in order to facilitate
development of the golf course and the proposed residences. The proposed layout
of County Club Road as depicted on the attached master plan will be vacated and
relocated to some point between Country Club and Vanderbeck Roads.
RELEVANT FACTS:
Land area: Approximately 115 AC
The property can be identified specifically as Tax Lot 100 5S, lW, Section 7A & 8B
Tax Lot 1100 5S, lW Section 6D & Tax Lot 1500 SS, lW Section 5C
General description of the area:
a. slopes - see exhibit "c"
b. vegetation - woodlands, grass, filberts
c. drainage - The site does contain drainage ways into Mill Creek
d. flood area - The site could contain areas of flooding
e. sewage disposal - will interconnect to the Miller Farm development to the south.
The line that runs parallel to the east property line is 15".
f. utilities (gas,electric,tel) - see exhibit "C"
Existing Land Use
a. No. single family units 0
b. No. multiple family units 0
c. Commercial 0 Industrial 0 Public Uses 0
d. Open space 115 AC
School Impact: See Exhibit "D" It is not known what the school impact will be until
the school district has an opportunity to review site plans that indicate the number
of housing units that will be proposed through the P.U.D. approval process.
Wetlands: In the Wetland Reconnaissance and Wildlife Assessment prepared on
September 21, 1990 by David Evans and Associates, wetlands were found on the
site. Approximate boundaries of the these identified wetlands were mapped. At this
time the requested annexation parcels contain 3 out of the 7 identified areas. The
Division of State Lands comments at that time encouraged the developers to
complete a detailed wetland delineation for the project area to ensure regulatory
compliance. Since that time it has come to the City of Woodburn's attention that the
developers have had a delineation completed. This delineation along with a proposed
golf course design has been reviewed by the Division of State Lands (See enclosed
letter dated 5/25/93). The applicant is requesting annexation only at this time and
specific site development and the proposed golf course design relative to the
wetlands will have to be reviewed through the site plan review process and the
appropriate review authority.
IV RELEVANT APPROVAL CRITERIA AND FINDINGS:
A. Woodburn Comprehensive Plan
Chapter IV Existing Land Uses
Staff:
The subject property is located within the City's Urban Growth
Boundary and have been included in the inventory of available land for
single family development.
Chapter V Open space, Scenic and Historic Areas, and Natural Resources
Staff: The subject property will provide for both public and private open
space. The site does contain some wildlife areas and wetlands as
identified by David Evans and Associates (September 21, 1990). At
the time the applicant requests preliminary approval of the P.U.D., the
location and appropriate review of the wetland areas will be required.
Chapter IX Goals and Policies for the Land Use Plan
Residential Land Development Policies
The residential land development policies A-1 through A-1 1 have been
implemented by the City's Zoning Ordinance. Site specific zoning
standards will be addressed at the time the applicant requests approval
of the Planned Unit Development.
A-l,
Residential areas should be designed around a neighborhood.
Neighborhoods should be an identifiable unit bounded by
arterials non-residential uses, or natural features of the terrain.
The neighborhood should have a community facility, such as a
school, park, or privately owned community facility to allow for
interaction within the neighborhood.
Staff:
The proposed development will consist of an 18 hole golf
course that will be integrated with residential development to
create a Planned Unit Development. The overall concept calls
for the newly annexed area to provide a mix of single family
and multi-family mixed units that will maintain density's as
required by the (RS - 12 units per acre) single family land use
designation.
A-3
Development should promote, through the use of moderate
density standards and creative design, a feeling of openness
and spaciousness with sufficient landscaped area and open
space to create a pleasant living environment.
Staff:
The objective of the applicant is to review the annexation
request that will in turn result in a P.U.D. being developed.
Additional resi~..~ntial policies will have to be addressed when
the P.U.D. proposals for residential development are submitted.
Annexation Policies
Annexation policies are extremely important for the City. While it is
important that enough land is available for the necessary development
anticipated in the City of Woodburn, it is also essential to prevent too
much land being included in the city limits as this leads to inefficient,
sprawling development. Because of the need to plan for public
improvements, the City should insure that there is a five year supply
of vacant land within the City. Services should be provided to that
land during that five year period.
Staff: The Urban Growth Boundary was adopted in 1980. This
boundary designates areas outside Woodburn's City Limits
that could be annexed to accommodate growth to the year
2000. The annexation of this land is to accommodate the
growth demands of the City in a timely manner.
Public Services Goals and Policies
It is the goal of the City to provide adequate public services to all
areas of the City to include:
sewer lines of adequate capacity;
water lines of adequate capacity for both domestic supply and
fire fighting capabilities; and
storm drainage to prevent flooding of valuable property where
feasible.
Staff:
Se'vver, water and storm (]rain lines in conjunction with streets
abut the annexed property. It will be the responsibility of the
developer to construct the infrastructure in the various
residential "pods" and proposed golf course.
Transportation Goals and Policies
Establish a framework for the development of facilities to move
persons and goods in a safe, effective and efficient a manner as
possible under projected year 2000 traffic conditions.
Staff: The road system will be designed to allow for an East/West
route from Front Street to Boones Ferry Road. This connection
will also make allowance for interconnection of residential
streets.
Growth Goal
City's goal is to grow to a population of approximately 18,000 by the
year 2008. This growth should be orderly and accompanied by the
necessary public services. The growth should be balanced in
residential, industrial, and retail sectors of the City. As much as
possible, the growth should not add any additional burdens on the
City's taxpayers.
Staff: The land to be annexed is adjacent to the Miller Farm P.U.D.
This annexation will allow the expansion of the conceptual
development plan that, when finalized will consist of an 18 Hole
golf course and residential development.
Growth and Urbanization Policies
Policies K-1 through k-ll are applicable to the petitioners request.
Public services are available to the site, the developer will be required
to pay systems development charges for their impact on the
infrastructure. The City of Woodburn and Marion County have
maintained a process for providing an exchange of information relative
to the proposed annexation and golf course. The County has given
conditional use approval for that portion of the golf course that is
outside of the UGB and within the County's jurisdiction. The subject
property that has been the responsibility of the County will now fall
under the City's jurisdiction. It will be reclassified from County Urban
Transition Farm to City Single Family Residential which is consistent
with the City's Comprehensive Plan.
Chapter X The Land Use Plan
The subject property is planned for single family residential. The
applicant intends to develop the site as single family, therefore, the
property to be annexed will be redesignated as single family.
Chapter XII Implementation of the Plan
The Comprehensive Plan is implemented by the City's Zoning
Ordinance and various 3ther ordinances that help in accomplishing the
goals and policies of the Comprehensive Plan.
Staff:
Specific ordinances addressing site Plan review and approval of
the Planned Unit Development will have to be addressed by the
applicant at such time that approval of the golf course is
requested.
Urban Growth Boundary and Policy Agreement
Staff: A notice of the proposed annexation will be sent to Marion
County for comment 20 days prior to the City Council Hearing.
Woodburn Zoning Ordinance
Staff:
The Zoning Ordinance implements Woodburn's Comprehensive
Plan. The applicant will be required to address specific sections
of the Zoning Ordinance and meet the approval criteria at such
time that they request site plan review.
V
COMMENTS FROM OTHER DEPARTMENTS:
None
VI
VII
CONCLUSION:
The applicant is petitioning the City of Woodburn for annexation of approximately
1 1 5 acres of property described in this report. The annexation is necessary for the
development of the Tukwila Planned Unit Development and Golf Course. The
developer has already received conc~itional use approval for that portion of the golf
course that is outside side of the Urban Growth Boundary and the City's jurisdiction.
Once the subject property outside the City limits and inside the Urban Growth
Boundary is annexed to the City it will be change from County Urban/Transition
Farm to Single Family
residential. This development will be the next phase of the already approved Miller
Farm P.U.D. Annexation of the property will facilitate this next phase. Once
annexation has granted, the applicant will be required to submit an application
addressing the relevant approval criteria, design standards, P.U.D. process etc.
FINDINGS:
Ao
The city of Woodburn's Comprehensive Plan Map identifies the land to by
incorporated into the city limits as Iow density residential.
The property is presently zoned as Marion County Urban Transition Farm
(UTF).
At the time of annexation the property will be amended from UTF to single
family residential (RS).
The RS district is the zone designation that meets the criteria of the
Comprehensive Plan land use designation of Iow density residential.
Eo
The applicant has addressed the relevant approval criteria as identified in the
staff report.
VIII
DECISION:
Based on the findings in this report, staff recommends approval of this application
subject to the following conditions:
Ao
The annexed property will be subject to site plan review approval
which could incorporate the following elements:
1. Identify right of way, both dedicated and vacated.
2. Storm drainage plan
3. Irrigation Plan
4. Obtain required permit from the Division of State Lands and/or
the Army Corps of Engineers.
5. Submit master plan identifying locations of out buildings
accessory structures i.e. club house, sheds, driving range
ANNEXATION INFORMATION SHEET
II.
Iii.
DIRECT QUESTIONS TO:
Mike L. Campbell
(NAME)
P 0 Box 532
(ADDRESS)
Woodburn
(cmo
PROPERTY OWNERS:
Jay Glatt Inc.
Charles M. & Neelie A.
NAME (PLEASE PRINT OR TYPE)
LOCATION AND SIZE OF THE PROPERTY: S% /~ ?~
North of city limits between Boones Ferry
982-4748
(TELEPHONE)
OR 97071
(STATE) (ZIP CODE)
6133 Trevino Ct N., Salem
Schultz, 16710 Boones Fy Rd., Woodburn
ADDRESS & ZIP CODE
Rd .and Hill Creek
APPLICATION CHECKLIST ss, ..',~/~- ?~_ .~ s:~
OFFICE USE ONLY YES NO
ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS
EXHIBITS:
1. REASON FOR ANNEXATION REQUEST
2. PROPOSED DEVELOPMENT OF AREA
3. EXISTING CONDITIONS OF AREA
(Exhibit
(Exhibit
(Exhibit
o
SCHOOL IMPACT ANALYSIS (Exhibit
PARK AND RECREATION FACIUTIES AVAILABILITY (Exhibit
LEGAL DESCRIPTION OF THE PROPERTY (Exhibit
PLOT PLAN (Exhibit
LIST OF ALL PROPERTY OWNERS WITHIN 100
FEET OF THE PROPERTY (Exhibit
"B") ~.
"C")
"D")
"E")
"F")
"G")
9. ASSESSOR'S MAP (Exhibit "1")
SCHEDULED HEARING DATE:
APPLICATION RECEIVED BY:
DATE:
annex.bs/bw
-8-
ANNEXATION PETITION - REQUIRED INFORMATION
PLEASE PROVIDE THE FOLLOWING INFORMATION:
REASON FOR ANNEXATION REQUEST: Exhibit "A"
A. Reason:
Bo
Proximity of City Services - indicate on an hccompanying
map.
PROPOSED DEVELOPMENT OF THE AREA Exhibit "B"
A. if't0tally or partially undeveloped, what are the future plans for the site
(Provide a preliminary site plan):
B. If the site is fully developed provide a plot plan:
EXISTING CONDITIONS OF THE AREA
Exhibit "C"
Ao
Ce
Land Area: Acres
General description of the area:
1. Slopes:
2. Vegetation:
3. Drainage:
4. Flood Areas:
5. Sewage disposal
6. Utilities (gas, elect., tele.)
Existing Land Use:
1. Number of single family units:
2. Number of multiple family units:
3. Commercial Industrial Public Uses
4. Open Space __
SCHOOL IMPACT
Exhibit "D"
A. Where is the nearest school facility:
annex.bs/bw
What is the expected student population of the area upon completion of the
development:
5. PARK AND RECREATION FACILITIES
Exhibit "E"
A. Is there sufficient area to provide for park or open space for the
development:
LEGAL DESCRIPTION OF THE PROPRTY
Exhibit "P'
o
PLOT PLAN: Show all properties within 250' from
property and the land use of each.
and parallel to the subject
Exhibit"G"
NAMES AND ADDRESS OF ALL PROPERTY OWNERS (husband and wife) within
250' from an parallel to the subject property. Obtain certified list and map from title
company and attach. Exhibit "H"
ASSESSOR'S MAP. Attach copy of Marion county Assessor's Map showing
subject area and outlining 250' notification area. Exhibit 'I"
We the undersigned, hereby certify that all the statements in the plot plan,
attachments, and exhibits transmitted herewith are true and complete, and we are
the owners of record or contract purchasers of property which the annexation is
requested:
annex.bs/bw
SCHULTZ / GLATT ANNEXATION
EXHIBIT "A"
To further develop the Tukwila project it is required
that 115 acres, more or less, north of the present city
limits be. annexed into the city of Woodburn. This
property extends northward to the Urban Qrowth Boundary
and is bordered by Mill Creek on the east and Boones
Ferry Road on the west. The property is shown on
Woodburn Comprehensive Land Use Plan as residential with
less than twelve units per acre.
The next phase of Tukwila will involve both residen-
tial development as well as the construction of the golf
course. It is necessary, therefore, that this property
be annexed so that services may be brought into this
area. Water, sewer, and storm drainage are available to
this site. A map showing their, existing location and
size is attached on the following page.~ Electric, power,
telephone and T.V. cable are available in the Boones
Ferry Road right-of-way.
EXHIBIT "B"
The proposed annexation is currently undeveloped.
Usable portions of the land are curdently being used as
farmland producing primarily filberts._ A large drainage
swail exists on a portion of the site. It flows from
east to west into Mill Creek,
Proposed future development is to include residential
construction around a golf course. The residential units
will consist of single family, homes as well as attached
units. Housing areas are indicated on the attachedplan.
At this stage of'the development, it i.s too early to show
the final lot layouts. Market conditions at the' time of
construction undoubtedly will dictate'the final design.
It is proposed that Country Club Road will be located
within this area. This has previously been discussed and
agreed to wit'h the city of Woodburn planning staff. The
attached Exhibit "B" shows a proposed layout for .this
road. The final design will follow shortly with the
development application for the first phase of this area.
The golf course construction will consist of tees and
greens as indicated on the map. The entire golf course
design encompasses additional property both to the north
and south. The golf course clubhouse and facilities for
related use will also be incorporated on this site.
EXHIBIT "C"
EXISTING CONDITIONS OF AREA
Land_Area - The property consists of 115 acres,
more or less.
B. Genera]..Desc~Jp%_ion
Slopes - The majority of the site is
relatively flat. The southeast corner of the
site contains a sloped drainage swail flowing
runoff water into Mill Creek.
Vegetation - The sloped drainage portions of
the property ,contain woodland areas with grassy
openings· The remainder of the site is filbert
nut orchard with ground cover being maintained.
3 & 4.
Drainage of Flood' Areas - As mentioned in
item #1 above, there is a drainage swail
located in the southeast corner of this lot.
This drains into Mill Creek at the eastern edge
of the site.
Sewage Disposal - With the recent development
of Miller Farm, and 8" Sanitary Sewer line has
been extended North to a portion of the subject
property. This will serve the western side of
the property. An 18" line runs'parallel to the
east Property line. These lines are more than
adequate to meet the proposed needs of this
project, These lines are shown on the map
included in Exhibit "A".
Utilities -
Gas.: A Northwest Natural Gas line extends
North along Boones Ferry Road. We have been
assured by the gas company that there will
be ample service for our prosed project.
Electric: PGE services are located alongside,
Boones Ferry Road and are ample to serve the
project.
C. Ex.isting_.Land_Use
1. Number of Single Family units -
2. Number of Multiple Family Units
3. Commercial - None
Industrial - None
Public Use - None
4. Open Space - Farm use
0
EXHIBIT "D"
SCHOOL IHPACT
Nearest School Facilities:
The Woodburn Senior High campus is located approx-
imately .500 feet south of the proposed annexation
property. Also, a short distance south and on the
opposite side of Boones Ferry Road are located French
Prairie Junior High School 'and Lincoln Elementary
School.
Although it is expected that a percentage of our
customers will be "empty nesters" (children have left
home), the following are calculations'based on our
expected number of lots to be'developed and the
potential school age children they would generate.
/he calculations ame based on a previous study of
this area as it deve]opes into a golf course/
residential community. This plan may vary Slightly
as final plans are now being designed.
Area
E s.t .ina.re d _..Uni.t s.
B 135
G 80
Portions
of A,D,E,C ...... 20
Total Units 235
Using a factor of .57 school age children for each
residential unit, this area could generate approxi-
mately 134 students between elementary and high
school ages. This would be a maximum estimate.
EXHIBIT "E"
PARK AND RECREATION FACILITIES
As mentioned previously, this property will be an
integral part of Tukwila, a planned golf course/
residential community. A large portion of the annexed
property will be used for the golf course. This will be
a public golf course.
This plan clearly provides for ample open space for
recreational enjoyment. It is also planned for the
neighborhood housing areas to include swimming pools and
common landscaped areas.
EXHIBIT "G"
PLOT PLAN / ADJACENT LAND USE
May 25, 1993
Mr. Lee Brune
GOLF/Management/Planning, Inc.
12830 SW Hart
Beaverton, OR 97005
Re:
Tukwila Golf Course, Woodburn, Oregon
T5S, R1W, Section 6
Dear Mr. Brune:
DIVISION OF
STATE LANDS
STATE LAND BOARD
BARBARA ROBERTS
Governor
PHIL KEISLING
Secretary of State
JIM HILL
State Treasurer
Thank you for the time you took to discuss the proposed
golf course. I have reviewed the wetland delineation
completed by Mr. Scott Craig. Based on the documentation
provided, I concur with the delineation presented in his
report. Fill or other alteration of the wetland area is
regulated by Oregon's Removal-Fill Law (ORS 196.800 -
196.990).
I reviewed the proposed golf course design with you.
Since the course does not propose to fill or otherwise
alter the wetland area by grading, no state permit will be
required. I also understand that the crossings of the
wetlands will be on wooden, pile supported structures.
Placement of such structures is not regulated by the
Division of State Lands.
Additionally, we discussed some tree removal from the
wetland area. I would urge you to retain as much forest
cover as you can. The Division does not regulate tree
removal; however, you should review the proposal with
Oregon Department of Forestry and the City of Woodburn.
Thank you for your 4nquiry. Please call if you have any
questions concerning this letter'.
Sincerely,
Kenneth F. Bierly
Wetlands Program Manager
KFB/j p
ken:426
CC:
jim Goudzwaard, Corps of Engineeers
Scott Craig, W.E.T., Inc.
City of Woodburn
-21-
775 Summer Street NE
Salem, OR 97310-1337
(503) 378-3805
FAX (503) 378-4844
CITY OF WOODBURN, OREGON
ANNEXATION PETITION AND CONSENT
We, the undersigned legal owner or contract purchaser and resident electors of a certain parcel of land herein
described and attached to this Annexation Petition as Exhibit I, petition the Honorable Mayor and City Council of
Woodburn for annexation of that certain property to the City of Woodburn. We further desire that by this petition that
the certain property be annexed to and be included within the corporate limits of the City of Woodburn, Oregon, a
municipal corporation, and we do hereby consent to such annexation, without the necessity of any election being
called with the area above described, and we do hereby consent that the City Council of the City of Woodburn,
Oregon, take steps as are necessary to determine whether or not the said above described area shall be annexed.
Absentee Owner{s) or Contract Purchaser(s):
Resident Owner{s) or Contract PTur~ser(s)
that are Resident Elector(s)*:
Address:
Address:
Resident Electors* that are not Land Owners: Address:
Resident Electors means Registered Voters
Subscribed and sworn to me this 'J//~E~Z~ day of
~ LORI t~ FOS~HOLM I
~..~1~,.~ NOTARY PUBLIC- OREGON i
~ COMMISSION NO. 004213 I
MYCOMMISSION EXPIRES FEB 12, ~9951
STATE OF OREGON )
COUNTY OF MARION ) SS
I, ~z~/'Z- /'. //~.~/~Z~//',/'~) ,being duly sworn upon oath, say that I secured each name appearing on the
within and foregoing petition, and each name was signed freely, voluntarily, without undue influence of any nature
and under no misrepresentation as to the facts, further affirm, that to the best of my knowledge the individuals above
named constitute a majority of the electors registered in the territory proposed to be annexed and the owners/contract
purchasers of more than half of the land in that territory.
(Signature) ~-/z~/ J~/_~')~ Date: ~"///
NOTARY PUBLIC FOR OREGON
My Commission expires:
ANNEXATION PETITION AND CONSENT
ANNEXPET .693
MEMO
TO:
FROM:
SUBJECT:
City Council through City Administrator
Public Works Program Manager/~
Resolution for Public Hearing on Special Assessment for Sidewalks along
Highway 99E
DATE: July 8, 1993
RECOMMENDATION:
Approve the attached resolution setting a public hearing for August 9, 1993 on Council's
intent for special assessment for sidewalk installation along Highway 99E.
BACKGROUND:
Council entered into an agreement with the State of Oregon for improvement of Highway
99E from Lincoln Street to the north city limits on January 13, 1992. As part of that
agreement the city paid the State $63,000 for installation of sidewalks where none had
existed previously along this segment of Highway 99E. The State paid for replacement
of existing sidewalk.
Resolution 1117 authorized preparation of an engineering report on installation of the
sidewalks through special assessment. The Council approved the engineering report on
June 14, 1993.
Ordinance 2105 requires that council, by resolution, declare its intent to make the
sidewalk improvement through special assessment and set a public hearing on the
improvement. The attached resolution complies with these requirements and staff
recommends its approval.
COUNCIL BILL NO. /z-/E'-.~
RESOLUTION NO.
A RESOLUTION SETTING A PUBLIC HEARING ON THE COUNCIL'S INTENT TO MAKE SPECIAL
ASSESSMENT FOR INSTALLATION OF NEW SIDEWALKS WHERE NONE HAD PREVIOUSLY
BEEN IN PLACE ALONG OREGON STATE HIGHWAY 99E FROM LINCOLN STREET TO THE
NORTH CITY LIMITS.
WHEREAS, Resolution No. 1117 authorized preparation of an engineering report relating
to installation of sidewalks along Oregon State Highway 99E from Lincoln Street to the north
city limits; and
WHEREAS, the engineering report has been prepared and approved by council, and
WHEREAS, Ordinance No. 2105 requires that council declare its intent to make the
improvement by special assessment and to hold a public hearing on the improvement, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Woodburn City Council passed Resolution 1099 on January 13,
1992 which authorized the city to enter into a cooperative improvement agreement with the
Oregon State Highway Division for improvement of Oregon Highway 99E from Lincoln Street
to the north city limits. As a part of that agreement the city agreed to reimburse the state
$63,000.00 for costs of new sidewalks required by the project. The state would replace
existing sidewalks as a part of the project. The reimbursement was to place sidewalks where
none had existed previously.
Section 2. That the cost of said improvement shall be at the expense of property
specially and peculiarly benefitted by such improvement.
Section 3. With the addition of sidewalks along the entire length of Oregon Highway
99E from Lincoln Street to the north city limits benefitted properties are those who had
sidewalks installed as part of this project. Benefitted properties indicated by an * are located
outside the Woodburn city limits. Properties benefitted are depicted in Exhibit "A" and by this
reference incorporated herein. They were benefitted by the sidewalk installation and should
share in the cost of the improvement.
That the property specially and peculiarly benefitted by such improvement is hereby declared
to be the parcels of real property described in the Marion County Record of Deeds as follows:
Tax Lot
'42145.000
'42147.000
*4215O.OOO
42189.000
Owner of Record
Ivan & Betty Orton
William & Twyla Whistler
Daryl & Dorothy Wiesner
Miller Brewing Co.
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
'42525.000
42535.001
42538.000
42571.666
42596.O00
42605.000
42639.000
42639.001
42643.429
42647.000
42656.000
42660.000
42667.000
42669.000
42955.O00
42964.000
92450.020
92440.000
92440.010
92440.020
92440.030
92440.040
92440.190
92730.000
92890.000
92890.010
92890.016
92890.020
92890.031
92890.044
State of Oregon
Ira Gordon, Et al
Robert Huges (Richard Henkes)
Leroy & Margaret Meyers
Pablo Alverez, Et al
Gerald & Betty Yoder
Leroy Miller
Diana Schwab Tomseth
Leroy Miller
Robert & Gloria Bigej
Yacov & Nina Konovalov
Willamette Valley Assembly
Jehovah's Witnesses
Real Estate Properties LTD
Real Estate Properties LTD
Roth's IGA Foodliner Inc.
Richard Kreitzberg
Milo Bibelheimer Et al
John & Vera Grigorieff
Milo Bibelheimer Et al
Peter Lood
Golden Coral Corporation
Golden Coral Corporation
FGC Investments
Doug & Betty Livesay (Mistry)
Helen Ruebesam
Dempsy & Mary Sullivan
George & Doris Yoder
Josele Taylor
Floyd Lenhardt
Dempsy & Mary Sullivan
Hall of
Section 4. That the city engineer's cost estimate, including already reimbursed
construction costs and future engineering costs, finance, legal, and administrative is estimated
to be $69,531.68. Based on the front footage of the properties involved, the fair share cost
has been estimated to be $6.95 per front foot. Costs per lot are:
FRONT ESTIMATED
TAX LOT FOOTAGE COST SHARE
1. 42147.000 600.00 4,110.00
2. 42145.000 386.04 2,644.37
3. 42150.000 57.62 394.70
4. 42189.000 1,277.54 8,751.15
5. 42525.000 1,947.22 13,338.46
6. 42535.001 644.93 4,417.77
7. 42538.000 162.48 1,112.99
8. 42571.666 118.59 812.34
9. 42596.000 160.00 1,096.00
10. 42605.000 168.00 1,150.80
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
11. 42639.000 9.47 64.87
12. 42639.001 85.73 587.25
13. 42643.429 147.80 1,012.43
14. 42647.000 145.34 995.58
15. 42656.000 144.81 991.95
16. 42657.000 170.00 1,164.50
17. 42660.000 240.90 1,650.17
18. 42667.000 453.35 3,105.45
19. 42669.000 271.00 1,856.35
20. 42955.000 523.08 3,583.10
21. 42964.000 500.26 3,426.78
22. 92440.000 70.00 479.50
23. 92440.010 70.00 479.50
24. 92440.020 70.00 479.50
25. 92440.030 70.00 479.50
26. 92440.040 70.00 479.50
27. 92440.190 30.00 208.50
28. 92450.020 166.59 1,141.14
29. 92730.000 117.71 806.31
30. 92890.000 100.00 685.00
31. 92890.010 100.00 685.00
32. 92890.016 490.00 3,356.50
33. 92890.020 208.00 1,424.80
34. 90890.031 268.00 1,835.80
35. 90890.044 200.00 1,370.00
10,244.46 69,531.68
Section 5. That the benefitted property owners shall pay their share: 1) at the
completion of the project, or 2) shall sign the Bancroft application with the city within the allowed
time and make yearly payments for a period of ten years. The owners shall be allowed to pay off
the remaining balance at any time during the bonding period. In case legal or jurisdictional
difficulties exist, the properties outside the city limits may be billed directly by the city or state and
be excluded from special assessment participation.
Section 6. That it is estimated that the interest rate will be 7.0 percent.
Section 7. That a public hearing on the city's intent to install the sidewalks through
special assessment be held at 7:00 pm on August 9, 1993 in the Council Chambers of Woodburn
City Hall at 270 Montgomery Street in Woodburn, Oregon.
Approved as to form:
City Attorney
APPROVED:
Len Kelley, Mayor
Page 3 -
COUNCIL BILL NO.
RESOLUTION NO.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 4 -
COUNCIL BILL NO.
RESOLUTION NO.
COUNCIL BILL NO.
RESOLUTION NO
A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH
DON CAREY AND ASSOCIATES.
WHEREAS, Don Carey and Associates have submitted a
consultant services to perform the architectural and engineering
Woodburn swimming pool renovation project; and
proposal for
phase of the
WHEREAS, Don Carey appears to have excellent professional qualifications and
is familiar with the Woodburn swimming pool, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute a
professional services agreement with Don Carey, dba Don Carey and Associates, a
copy of which is attac__hed hereto and, by this reference, incorporated erei .
Approved as to form--'~.. ?~,~/~--~ Dante I~- I~'~
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, City Recorder
City of Woodburn, Oregon
CONSULTING AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,1993,
by and between the CITY OF WOODBURN, OREGON (hereinafter referred to as '~he
City") and DON CAREY dba "DON CAREY AND ASSOCIATES" (hereinafter referred to as
'"[he Consultant").
WHEREAS, pursuant to the terms and conditions of this Agreement, the City
desires to engage the Consultant, and the Consultant desires to be engaged by the City,
to render certain technical and professional services described hereinafter.
NOW, THEREFORE, in consideration of the mutual promises and agreements set
forth herein, it is agreed by and between the City and the Consultant as follows:
1. Services to be Rendered. The Consultant hereby agrees to render and perform
for the City the technical and professional services as described in the following Scope
of Work:
SCOPE OF WORK
A. Review with the City of Woodburn the architectural/engineering design
concept for the swimming pool renovation, and make recommendations to the city
for construction and accessibility configurations appropriate to design intent,
construction system, and applicable regulations. Configuration and
architectural/engineering designs may or may not exceed the basic repair
concepts specified in FEMA DSR#39688, which is attached hereto and
incorporated herein. In either case, the fees paid to the Consultant by the City
pursuant to this agreement shall not exceed $23,000.
B. Provide structural design for the swimming pool shell, overflow gutter, and
deck.
C. Provide appropriate mechanical and electrical design for the pool
renovation.
D. Provide drawings and specifications and related details to secure a building
permit for the pool contractor to bid and construct a complete working swimming
pool system, including but not limited to the pool itself, all piping, decks, surge
tank, deck drains, overflow gutter piping, mechanical room piping and chemical
system.
E. Assist the City of Woodburn in securing a building permit and selecting a
qualified pool contractor capable of constructing the proposed systems
Page 1 - CONSULTING AGREEMENT
F. Review shop drawings and submittals created by the pool contractor in a
timely manner during construction. Make six periodic trips to the job site to
observe the construction as required. Monitor the work as it proceeds with design
intent, and provide field report for each site visit.
2. Consultant is an Independent Contractor. The parties hereby agree that the
Consultant is an independent contractor, and not an employee of the City, and that
nothing contained in the Agreement shall constitute or designate the Consultant or any
of its employees, agents or contractors as employees of the City.
3. Consideration . In consideration of the Consultant's performance of the
services described in the above Scope of Work, the City shall pay Consultant at the rate
of $55.00 per hour. The Consultant's total compensation, including travel expenses and
six copies of the drawings and specifications, shall not exceed the sum of $23,000. The
City shall pay the Consultant on a monthly basis upon receipt of an itemized invoice.
Soil engineering, extra copies of the drawings and specifications, and the cost of
necessary permits are not included in the Consultant's total compensation and shall be
billed to the City at cost.
Any modification of the Scope of Work which involves extra costs shall be evidenced in
writing, approved by both parties, and shall become an extra charge over and above the
fees listed in this agreement. Any additional work which is agreed to in writing and not
included in the Scope of Work, shall be billed to the City by the Consultant at the rate of
$55.00 per hour, plus necessary expenses.
4. Compliance with Laws. The Consultant agrees to comply with all applicable
laws, ordinances and codes of state and local governments.
5. Termination. Either party may terminate this agreement upon 30 days written
notice to the other party. If at the time of termination, the City owes any fees to the
Consultant, such fees are due and payable within 30 days of termination.
6. Assignment. The rights and duties of the parties hereunder are personal and
shall not be assignable by either party without the express written consent of the other
party.
7. Governing Law. It is agreed that this agreement shall be governed by them
laws of the State of Oregon.
8. Severability. If any provision or part of this agreement is for any reason
determined by a court of competent jurisdiction to be invalid or unenforceable, then such
part shall be severed from the agreement ant the remainder thereof shall remain fully
enforceable.
Page 2 - CONSULTING AGREEMENT
9. Attorneys Fees. In the event a suit or action is instituted to enforce any right
guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition
to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the
trial and appellate courts respectively.
10. Entire Agreement. This agreement constitutes the entire understanding of the
parties with respect to the subject matter herein and supersedes all negotiations, prior
discussions and preliminary agreements made prior to this date. All modifications to this
agreement shall be in writing and shall be signed by the parties.
CITY OF WOODBURN
By:.
Len Kelley, Mayor
Date:
DON CAREY
Date:
A'I-I'EST:
Mary Tennant, City Recorder
City of Woodburn
Page 3 - CONSULTING AGREEMENT
. / z
FEDERAL EMERGENCY MANAGEMENT AGENCY I I. D~,/AR~, ION NO.
.................. 'ROJE~ 0E~RIPTION
APPLICANT NAME/COUNTY .
~0. FROJECT TITLE
11, OAMAGEO FACILITY
DAMAGE DIMENSIONS/DESCRIPTION/SCOPE OF ELIGIBLE WORK
DESC/SCOPE:
14.01~11N~ NO. ! ~' NAME OF FEDERAL IN~ECTOR (~g) 16. AGENCY
~ . AGENCY CODE
DATI~ ATTACHMENTS
N
IRECOMMENDATION ATTACHMENTs
CONCUR ATTACHMENTS
ITEM CODE MATERfAL AND/OR DESCRIPTION
UNIT OF
MEAS
L.s.
L. S.
UNIT
FRICE
COST
PART III - FLOODPLAIN NI~NAGEMENT/HAZARD MITIGATION REVIEW
PART IV. FOR FEMA ~E ONLY
ITMENT REQUIR~O F · G- Pro~: S ~. DURATION B'
- COMM~NTS/CHANGES Contentr $ ~n~t: $ C: C;
RST REVIEW
I DATE
JSECOND REVIEW ($~'n4~,~.~) I DATE
DAMAGESURVEY REPORT . DATA SH~SET I [ F EMA- (:~5':i
[~L~'~E;&~; ......................... ]'~ -
10. PROJECT TITLE
:3. PA IDENTIFICATION NO,
4. INSPECTION DATE =. PROJECT
12. FACILITY LOCATION t
~,'o o .5. ,5 ~.-~ l oq ; e c A ,~.. .
6. % COMPLETE
0
8. FINAL DSR
7. WORK ACCOM BY
F ~) FC
CATEGORY
v~_s I--1
13. DAMAGE DIMENSIONS/DESCRIPTION/SCOPE OF ELIGIBLE WORK
NAME OF FEDERAl. INSPECTOR~IPrint)
[4. INSP NO.
;B, INSP NO. NAME OF STATE INSPECTOR
NAME OF LOCAl. REPRESENTATIVE
16. AGENCY COO;:
AGENCY CODE
RECOMMENDATION
CONCUR
Y N
PART II - ESTIMATED GOST OF PROPOSED WORK
ITEM
1
CODE
MATERIAL AND/OR DESCRIPTION
UNIT OF
MEAS
L.S.
UNIT
PRICE
(~) ,,
COST
21.
~. EXISTING INSURANCE
/~0~. ~,Q, TYPE--F: $ G: $ TOTAL s256,
PART III - FLOODP~IN ~NAG~ENT/HA~RD M[TIGATION fl;VIEW
)~INORWETLANOF W ~ I 2 3 4 S ~ 2 3 4 Y- N. [UJ I 2~ 4- 1
PART IV - FOR FE~ ~E ONLY
1 3~. DURATION 8;
I (Y~a~] g , G -
C:
C:
!~. AMOUNT ELIG / 29. ELIGIBLE I 30. SPECIAL CONSIDERATIONS
13. INSURANCE COM. Guilding: S Prop~ty:
dlTMENT REQUIRED F - G -
Content: $ ~ntent:
]5. COMMENTS/CHANGES
:IRST REVIEW
[ DATE
SECOND REVIEW
MEMO
TO:
Mayor and City Council
FROM- Chris Childs, City Administrator
Property Insurance Renewal
July 8, 1993
SUBJ.:
DATE:
RECOMMENDATION: That Council, by motion, authorize staff, with the assistance
of the city's Agent of Record, to enter into a one-year property insurance policy with
Chubb Insurance.
BACKGROUND: For the past several years, the city's property insurance coverage
has been obtained through City County Insurance Services (CIS), an agency created
exclusively to handle insurance needs for municipal governments. The CIS program
functions as a self-insurance trust composed of participating cities and counties and,
to provide stability, member entities are asked to enter into three-year commitments.
Woodburn's commitment, by virtue of Resolution #1023, has now ended. Woodburn
is one of over 46 Oregon local governments that have obtained this coverage through
CIS. Similar three-year commitments exist for the city's liability and workers'
compensation programs, also provided by CIS. The liability program comes up for
renewal on July 1, 1994 and the workers' compensation program on July 1, 1995.
Each program needs to be re-evaluated in conjunction with its renewal.
The city's Agent of Record is Durham & Bates Agencies, Inc. of Portland. Our
previous Agent of Record for many years, Alexander & Alexander, transferred our
account to Durham & Bates in late 1992 so that A&A could focus more specifically
on larger accounts. Durham & Bates has actively pursued the city's interests since
becoming Agent of Record, including an extensive market comparison in regard to our
property insurance renewal. Jim Camburn, of Durham & Bates, has prepared a
summary comparison of the property coverage packages available from three of the
principal competitors in the market; Cl~, Chubb Insurance and Northbrook. This
summary is included as Attachment "A". Although there is obviously much more
detail involved overall, Mr. Camburn's summary is presented in the best manner
possible for you to be able to make price comparisons at a glance.
In terms of lowest cost, the Chubb program appears most competitive, with or
without earthquake insurance, with Northbrook second and CIS a somewhat surprising
third. As noted in the final page of Mr. Camburn's summary, we stand to lose some
multi-line discounts by removing the property insurance from the CIS program, but the
net effect still leaves us with a distinct cost savings if the Chubb proposal is selected.
Chubb is actively trying to become more competitive in the municipal market and,
Page 2 - Memo/Property Insurance (7~8~93)
according to Mr. Camburn, now has between twenty and thirty Oregon municipal
accounts, including Marion County and the cities of Salem, Keizer and Eugene, among
others.
The ClS proposal is somewhat attractive in that it includes a generous $5
Million earthquake coverage, but, as noted in Mr. Camburn's letter, the method of
calculating the deductible would, in effect, leave us with a deductible amount of
almost $1 Million. Northbrook's deductible is similarly based on the total value of the
city's assets. Chubb offers $1.5 Million in earthquake coverage with a $75,000
deductible. Mr. Camburn has indicated that, if the city chooses the Chubb proposal,
we can expand on Chubb's earthquake coverage by purchasing excess earthquake
coverage.
As we are situated directly on top of the Mt. Angel Fault, earthquake insurance
has now become an important consideration. FEMA has, in fact, required that we
provide earthquake insurance on at least one building (the Community Center) as a
condition of receiving federal reimbursement for damage incurred in the March 25,
1993 quake. I have been advised by FEMA that, whatever configuration our
earthquake insurance eventually takes, we would be eligible for the 75% FEMA
disaster reimbursement program for the amount of our deductible as well as damage
in excess of our insurance limits. However, that would also be contingent upon
federal disaster declaration.
Another small advantage, not reflected in the summary, relates to our boiler
insurance coverage. This coverage was previously not provided by the CIS program
and, in fact, we have already had a boiler policy with Chubb. Mr. Camburn has
indicated that, if the Chubb proposal is selected, the existing boiler policy can be
combined into the overall coverage, with some resultant expansion in coverage.
If selected, the Chubb coverage would be subject to review or renewal on an
annual basis. Both Chubb and CIS have agreed to bind coverage pending a Council
decision on this matter at the July 12, 1993 meeting.
It is our intention that Mr. Camburn will be available to further discuss our
property coverage options with the Council at the July 12, 1993 meeting.
ATTACHMENT "^"
July 7, 1993
chris Childs
City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Reg Property Insurance
Dear Chris,
We have receive proposals for your property coverage from= CI$,
Chubb and Northbrook.
CIS has incorporated a $5,000,000 earthquake sub limit in their
property coverage. This expanded coverage is subject to a 5%,
$50,000 minimum deductible. Chubb has agreed to provide an
earthquake sub limit o£ $1,500,000 with a $75,000 deductible.
Northbrook has provided an earthquake figure with the same limit
and deductdible as CIS.
We received indications for a stand alone earthquake policy (DIC)
from Marine Office of America Corporation (MOAC) and Gerald J.
Sullivan & Associates. MOAC indicated a premium of $7,500 for
$1,000,000 to $1,500,000 coverage; Sullivan indicated $10 000 to
$12,000 for a $5,000,000 limit. '
The CIS proposal is based on over stated values. They included
the inland marine schedule vith personal property and added
$440,000 equipment (inland marine). The total values on ~he CIS
proposal is $20,606,007 rather than $20,166,007. We are hopeful of
receiving a corrected figure before ~he council meeting Monday,
July 12.
The following page displays the property premiums with a $1,000
deductible, except earthquake and flood.
Sincerely,
Ja~es F. Camburn,. CPCU
Assistant Vice President
ATTACHMENT "A"
CIS
BUILDINGS, PERSONAL PROPERTY, EDP
EQUIPMENT
TOTAL VALUES
ANNUAL PREMIUM
LESS COMMISSION CREDIT
NET PREMIUM
$20,166,007
440,000
$20,606,007
$23,049
(2,305)
$20,744
CHUBB
BUILDING & PERSONAL PROPERTY
EDP
EQUIPMENT
TOTAL VALUES
ANNUAL PREMIUM EXCLUDING EARTHQUAKE
ANNUAL PREMIUM - EARTHQUAKE
TOTAL ANNUAL PREMIUM .
$19,172,623
297,972
695,412
$20,166,007
$12,602
2,287
$14,889
NORTHBROOK
TOTAL VALUES
ANNUAL PREMIUM
ANNUAL PREMIUM - EARTHQUAK~
TOTAL ANNUAL PREMIUM
$20,138,305~
$13,710
3,574
$17,284
CHUBB AND NORT~BROOK PP.~IUMS ARE SHOWN AT "NET" COST (EXCLUDING
COMMISSION).
DURHAM AND BATES AG~'NC~, INc.
ATTACHMENT "A"
CIS NET PREMIUM
CHUBB NET PREMIUM / NORTHBROOK
DIFFERENCE
LIABILITY ADJ~JSTMENT (1%)
WORKER'S COMPENSATION ADJUSTMENT (1%)
N~T DIFFERENCE IN ANNUAL PREMIUM
$20,744 20,744
14,889 17,284
5,855 3,460
(719) cng)
(948) (948)
CIS HAS ADVISED THAT ANY REFUNDS DUE ON POLICY YEARS IN THE CURR~NT
THREE YEAR PERIOD WILL BE WITHHELD IF TH~ COVERAG~ IS NOT
CONTINUED. THE PERCENTAGE RETURNED IN 1993 (1990-91 CONTRACT YEAR)
WAS 12%. CIS HAS ADVISED THE LOSS HISTORY FOR THE 1991-92 CONTRACT
YEAR (1994 REFUND} DOES NOT LOOK FAVORABLE. THE LOSS HISTORY FOR
THE 1992-93 YEAR LOOKS FAVORABLE (1995 REFUND YEAR).
ATTACHMENT "A" DuR A
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through the City Administrator//~
Public Works Program Manager
Bid Award for Signal Installation
July 8, 1993
RECOMMENDATION: Approve the award of the bid of Linnco Electric of $75,198.50 for
installation of a traffic signal at the Bi-Mart/Kmart shared access with State Highway 214.
BACKGROUND: Ordinance 2106 was passed on May 24, 1993 setting up a special
assessment district to install a traffic signal at the Bi-Mart/Kmart shared access with
Highway 214. Resolution 1480 was passed on June 28, 1993 entering into a cooperative
agreement with the State of Oregon to install the above signal.
Associated Transportation Engineering and Planning (ATEP), at the direction of the city and
state, prepared plans and specifications for the signal. The signal plans were approved by
the state. ATEP advertised and received bids on the project. The bids were opened and
publicly read by ATEP. The results were:
Bidder Amount
Linnco Electric
Albany Electric
Cherry City Electric
Benson Electric
$75,198.50
80,956.00
84,060.00
88,677.47
The state has approved the award of the project. Since the project is to be paid through the
city's assessment district, it has been asked that council also approve the award. Staff
recommends that award of the signal project bid to Linnco Electric be approved.
RR:Ig
SIGNAL.BID
CITY OF WOODBURN
POLICE DEPARTMENT
270 Montgomery Street
Paul Null ~
Services Lieut
Woodburn, Oregon 97071
STAFF REPORT
982-2345 Ext. 352
July 7, 1993
TO:
Mayor and City Council
Thru:
Ken Wright, Chief of Police
RE:
National Night Out, Tuesday August 3, 1993
On Tuesday, August 3rd, neighborhoods throughout Woodburn are being invited to join forces
with thousands of communities nationwide for the "10th Annual National Night Out."
National Night Out will involve over 8,500 communities from all 50 states, U.S. territories,
Canadian cities and military bases around the world. In all over 24 million people are expected
to participate in America's Night Out Against Crime on August 3rd.
National Night Out is designed to: (1) Heighten crime and drug prevention awareness; (2)
Generate support and participation in local anticrime efforts; (3) Strengthen neighborhood
spirit and police-community relations; (4) Send a message to criminals letting them know
neighborhoods are organized and fighting back.
From 7:00 to 9:00 p.m. on August 3rd, residents in neighborhoods in Woodburn and across
the nation are asked to lock their doors, turn on outside lights and spend the evening outside
with neighbors and police. Many neighborhoods throughout Woodburn will be hosting a
variety of special events such as block parties, cookouts, ice cream socials, organized walks,
and visits from police and McGruff the crime fighting dog.
National Project Coordinator Matt Peskin said, "When neighbors know neighbors, and when
the police and the community become partners, crime and drug problems disappear."
"National Night Out ia a powerful reminder that the crime/drug prevention awareness and
programs must be nurtured and sustained every day of the year.
COUNCIL ACTION
In order to accommodate citizens of Woodburn who wish to close their streets for block
parties, I am requesting the Mayor and Council give the Chief of Police the authority to
authorize street closures on Tuesday August 3rd 1993 from 6:00 to 10:00 p.m.
PROCLAMATION
NATIONAL NIGHT OUT 1993
WHEREAS, the National Association of Town Watch is sponsoring a unique,
nationwide crime and drug prevention program on August 3, 1993 called "National
Night Out"; and
WHEREAS, the "10th Annual National Night Out" provides a unique opportunity
for the City of Woodburn to join forces with thousands of other communities across
the country in promoting cooperative police-community crime and drug prevention
efforts; and
WHEREAS, it is essential that all citizens of the City of Woodburn be aware of
the importance of crime prevention programs and the impact that their participation
can have on reducing crime and drug abuse in Woodburn; and
WHEREAS, police community partnerships and neighborhood safety and
awareness cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE, I, MAYOR LEN KELLEY, do hereby call upon all citizens of
Woodburn to join the Woodburn Police Department and the National Association of
Town Watch in supporting the "10th Annual National Night Out" Tuesday, August 3,
1993.
FURTHER, LET IT BE RESOLVED THAT, I, MAYOR LEN KELLEY, do hereby
proclaim Tuesday, August 3, 1993 as "NATIONAL NIGHT OUT" in the City of
Woodburn.
LEN KELLEY, ~A~Y R
July 6, 1993
TO: CITY COUNCIL MEMBERS
FROM: MAYOR LEN KELLEY
SUBJECT: CONTINUING EDUCATION
The George H. Atkinson Graduate School of Management,
Willamette University, has offered a seminar especially related to
city government management and administration. It is recommended
for elected officials, city administrators and department heads and
budget committee members.
The complete seminar will be conducted by several faculty
members, all highly qualified and whose credentials are recognized
both nationally and internationally.
The complete seminar consists of four workshop sessions, each
of four hours duration. The University will conduct these sessions
on either two eight hour days or one workshop on each of four days.
They will accept a maximum number of twenty individuals for each
seminar.
Upon my request, the faculty will be happy to accommodate us
by holding the sessions in Woodburn.
The total cost is $1,250.00 for each workshop, or a total of
$5,000.00, which covers preparation time, the program and all
materials. Based on twenty participants, the cost per participant
would be $62.50 per session or $250.00 for the entire series.
It is recommended to include the following within the limit of
twenty:
Mayor 1
Council Members 6
city Administrator 1
Budget Committee Members 6
city Attorney 1
Department Heads 5
In order that all mentioned are given an opportunity to
benefit, I recommend that City Council allocate the funds
necessary, at this time. Also, please make a decision as to your
preference of a two day schedule or separate four hour sessions.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager ~
Water Contamination Update #3
July 8, 1993
Four additional samples in the vicinity of the original positive sample were taken on June
28th, the day of the last council meeting. Three of these four samples were positive. As
a result of these positive samples a portion of the water line in the area of the positive
samples was disinfected with chlorine on June 30th. The system was flushed and
allowed to sit and five additional samples were taken on July 2nd. Results received on
July 6th and indicated that four of the five samples were positive.
As a result of these results on July 6th there were 12 samples taken in the area~
throughout the City and in the vicinity of previous positive samples. The purpose of the
large number of samples was to determine if the problem has spread anywhere else in
the system or remained confined to a relatively small area. Results received on July 8th
showed 11 of the 12 samples were negative. The positive sample was at a city sampling
point on Newport Way which is north of the area that had been causing the series of
positive samples. A follow-up sample at this point and three others in the area of this
sampling point were taken on July 8th.
The City will continue to flush the water lines in the Senior Estates area on July 8th and
9th. There will be additional samples taken on Monday, July 12th after the water has had
a chance to settle. The State Health Division concurred with this plan.
The city is continuing to consult with the Health Division and we still can not determine
a cause for the positive samples. Our current plan is to continue flushing the system's
lines. The samples taken on July 8th included ones from the Senior Estates Mobile Home
Park which had an unauthorized water line replacement at the time of the first positive
sample in mid June.
None of the samples have shown any E. Coli or fecal coliforms. There are no health
concerns for residents at this time and no action is required by residents.
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager f'~ ~'~--'--
Water Contamination Update //4
July 12, 1993
Four samples taken in the vicinity of the July 8 positive sample on Newport Way were
reported as negative on July 9. Since the city has had several previous negative samples
in this area, the conclusion was that the positive sample from July 8 was as a result of a
sampling problem.
Another sample from the Country Club sampling point, however, was returned as positive.
The city still feels that the problem is confined to a small area near the Country Club Road
sample site.
The city continued flushing lines in the area on July 8 and 9. Nine additional samples were
taken this morning, July 12. Four of the samples were from the Country Club Road sampling
point area and five were from normal city sampling points located throughout the city.
Samples are being taken from other areas to insure that the problem is isolated in the one
area. Results from this series of samples will be available the afternoon of July 13.
If this set of samples has continued positive results from the area near Country Club and
Umpqua, the city's intent is to more extensively chlorinate the water lines in the vicinity.
This action will cause some additional inconvenience to customers since water will have to
be shut off for a period of time. Affected residents will be notified prior to the water being
shut off.
We have been in contact on a continual basis with the State Public Health Division. They
have concurred with the city's actions to date and feel there is no health risk at this time.
No sample has tested positive for E. Coli or fecal coliforms. No action is required by city
residents.
CONTAM4.WTR