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Agenda - 08/27/1990CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5c222 AGENDA WOODBURN CITY COUNCIL AUGUST 27, 1990 - 7:30 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. MINUTES A. City Council minutes of August 13, 1990. B. Planning Commission minutes of August 9, 1990. 3A 3B 4. APPOINTMENTS AND ANNOUNCEMENTS A. Presentation of Award - Latin American Club B. Announcement - Filing deadline for City ellective officers is August 28, 1990. C. Proclamation: United Way Day, September 6, 1990. 5. COMMITTEE REPORTS A. Chamber of Commerce 4C 6. COMMUNICATIONS A. Written - None 7. BUSINESS FROM THE PUBLIC o PUBLIC HEARING A. Comprehensive Plan (Case 90-01) and Zone Map Amendment (Case 90-03) - Retail shopping center on Hwy. 214, east of Progress Way. B. 1990-01 - Supplemental Budget. 7A Page I - Agenda, Woodburn City Council of Aug.27,1990 9. TABLED BUSINESS 10. GENERAL BUSINESS Ao Co D. 11. 12. 13. 14. 15. Council Bill 1245 - Ordinance adopting 1990-91 Supplemental Budget. Council Bill 1246 - Ordinance calling for tax base election. iOA lOB Council Bill 1247 - Ordinance calling for a charter amendment to limit annual increase of tax base. 10C Council Bill 1248 - Resolution authorizing transfer of appropriations. 1OD PUBLIC COMMENT APPROVAL OF CLAIMS NEW BUSINESS SITE PLAN ACTIONS A. Apartment complex - Chris Diloreto STAFF REPORTS 15A 15B 15C 15D A. Post-census local review: Preliminary count. B. Initiation of Park Comprehensive Plan element update. C. Preliminary review of asset trade and sale of park property. D. Update on Grace Village status. 16. MAYOR AND COUNCIL REPORTS 17. ADJOURNMENT Page 2 - Agenda, Woodburn City Council of Aug. 27, 1990. TAPE READING 0001 0003 0010 0021 0031 0047 0058 0145 COUNCIL MEETING MINUTES August 13, 1990 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 13, 1990. CONVENED. The Council met in regular session at 7:30 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Hagenauer Present Councilor Jennings Present Councilor Kyser Absent Councilor Minard Present Councilor Sifuentez Present Councilor Steen Present Staff Present: City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Park & Recreation Director Holly, Public Works Manager Rohman, Deputy Recorder Tennant MINUTES. JENNINGS/MINARD... approve the Council executive, regular, and special meeting minutes of July 23 and August 2, 1990; accept the Recreation and Park Board minutes of July 9, 1990, the Library Board minutes of July 25, 1990, Planning Commission minutes of July 12, 1990, Downtown Association minutes of July 24 and 31, 1990, and the Fire District minutes of July 10, 1990. The motion passed unanimously. ANNOUNCEMENTS. The election filing period for offices of Mayor and Councilors (Ward III, IV, and V)'6loses on August 28, 1990. The State Highway Division will hold a hearing on their General Plan review on August 21, 1990, 7:00 p.m., in the City Hall Council Chambers. The Council received a copy of a recent article published in the national Waste Age magazine relating to Marion County's refuse collector's Crime Watch Program. PETITION REGARDING TRAFFIC CONTROL ON LINCOLN STREET NEAR DOUD/CORBY ST. City Attorney Shields read a petition from concerned citizens requesting the Police Department to monitor the vehicular traffic speed on Lincoln Street between Front Street and Corby Street~ Irv Canfield, 205 E. Lincoln, stated that he had initiated the petition which arose from his lack of ability to obtain support from the Police Department in slowing down traffic in his neighborhood. He stated that the department has placed patrol units in the area of Doud and Corby Streets and conditions have improved, however, he requested Council assistance in instituting a program in which a patrol unit is in his Page 1 - Council Meeting Minutes, August 13, 1990 TAPE READING 0797 0835 0866 0985 COUNCIL}{EETING MINUTES August 13, 1990 neighborhood regularly. He also stated that the petition was written on July 24, 1990 and submitted to the Administrator on August 10, 1990. Council discussion pertained to the need to patrol Lincoln Street from Front Street to Highway 99E rather than a specific two block area. They suggested that Mr. Canfield and concerned neighbors be trained to operate a radar unit and then utilize the Police Department's program regarding notification to registered owners that an individual driving their vehicle was observed violating the speed limit. Police Lt. Eubank stated that a neighborhood watch program was formed in this area in January 1989 and Denise Seaton, 293 E. Lincoln, is the coordinater of the program. She has indicated that the situation in their neighborhood has improved substantially since the formation of the group. However, the department will continue to patrol the Lincoln Street area as time allows. CH/94BER OF COMMERCE REPORT. Terry Withers, Chamber President, reminded the Council of the following Chamber activities: (1) Agri Tour, August 15th, and (2) Farmfest, October 12-14, 1990. COUNCIL BILL 1242 - RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT FOR FINANCING CLEVELAND STREET WITH FAU FUNDS. Council Bill 1242 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1242 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1243 - RESOLUTION AUTHORIZING ENGINEERING REPORT FOR SOUTH MILL CREEK SEWER MAIN. Council Bill 1243 was introduced by Jennings. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari stated that the City had received a petition from the two property owners involved in the proposed local improvement district requesting the installation of a sewer main from Cleveland Street to Shalimar Mobile Home Park. On roll call vote for final passage, the bill passed unanimously. The Mayor declared Council Bill 1243 duly passed. STAFF RECOMMENDATION RE: DEVELOPMENT FEE INCREASE FOR FUTURE PROJECTS. Attorney Shields advised the Council that establishment of development fees is a legislative process and can be overturned by future Councils at anytime. In addition, assurance that there will be no increase in development fees would have to apply to all developments. Public Works Director Tiwari also stated that he had submitted a letter to Michael Wells advising him of the need for the City to upgrade the wastewater treatment facility which would require an increase in development fees at some future date. Page 2 - Council Meeting Minutes, August i3, 1990 TAPE READING 1104 2263 2270 COUNCIL ~[EETING MINUTES August 13, 1990 COUNCIL BILL 1244 - RESOLUTION COMMITTING CITY PARTICIPATION IN THE INFRASTRUCTURE DEVELOPMENT OF THE t{ARDWARE WI{OLESALERS INC. (tfWI) PROJECT. Council Bill 1244 was introduced by Councilor Jennings. The bill was read by title only since there were no objections from the Council. Public Works Director Tiwari reviewed the potential location of the project and addressed the infrastructure improvements and traffic flow issues involved with the proposed development. He outlined the costs that the City would incur with these improvements along with the costs to developers, and availablity of State grants and loans. The infrastructure improvements would solve some of the current water and sewer line problems the City is currently experiencing in the West Woodburn area. Property taxes would not be used to finance the improvements, rather, development fees within the capital improvement funds. Discussion was also held on the widening of a portion of Highway 214 and a portion of the cost may be allocated to the City. If so, revenues generated from State Revenue Sharing funds would be used to pay for the highway improvement rather than utilizing city gas tax revenues. Terry Withers, Chamber President, spoke in favor of the proposed resolution since the development would open up the west side of the freeway and provide economic support to the co~munity. Following some additional discussion of the issue by the Council, the roll call vote on final passage of the bill was unanimous. Mayor Kirksey declared Council Bill 1244 duly passed. SEWER SERVICE REQUEST FROM MOBILE HOME PARK NORTH OF MACLAREN SCHOOL. Tape 2 0177 Woodburn Mobile Estates Mobile Home Park has requested connection to the City's sewer system because of their septic system failure. Director Tiwari reviewed the issues outlined in the letter from the property owners. He recommended that the Council allow the concept of of connecting to the City's sewer system and disallow a payment plan for connection fees and annexation as a part of the sewer connection issue. He also reviewed alternative routes available for placement of the sewer main, the costs to be incurred by the property owners, and the monthly service fees to be billed to the owners. Don Kilpatrick, co-owner of the property, stated that owners of the other mobile home parks located tn the same area are not willing to participate in the project since their septic systems are not failing at this time. Discussion was held on the annexation issue and Attorney Shields stated that this was a separate issue with an established procedural process under state law. JENNINGS/MINARD .... allow the concept of Wooburn Mobile Estates Mobile Home Park to connect to the City's sewer system. The motion passed unanimously. ACCEPTANCE OF STORM DRAIN EASEMENT. The staff recommended the acceptance of a storm drain easement from Bob Riemenschneider, eta], for a 10 foot wide easement in Country Acres No. 2. JENNINGS/MINARD .... accept the storm drain easement as recommended. The motion passed unanimously. Page 3 - Council Meeting Minutes, August 13, 1990 TAPE READING 0200 0215 0265 0290 0333 0393 0475 COUNCIL MEETING MINUTES August 13, 1990 CLAIMS FOR THE MONTH OF JULY 1990. SIFUENTEZ/HAGENAUER .... approve voucher checks {1782 2159 in the amount of $533,938.79 for the month of July 1990. The motion passed unanimously. The Council reviewed the following site plan actions: (1) Temporary classroom space - Woodburn High School; (2) Fellowship Hall addition - Woodburn Church of Christ. No action was taken by the Council on either site plan. Councilor Sifuentez stated that she has received positive feedback from residents along Lincoln Street regarding the Police Department's response to their concerns. Community Developement Director Goeckritz stated that a public hearing will be held before the Planning Commission on August 23rd regarding the proposed conditional use of the old City Hall building as a Social Service center. Councilor Jennings suggested that the Woodburn Downtown Association be advised that one-way traffic flow on Front Street is not possible at this time since Front Street is a designated truck route. Councilor Minard requested that an award be made at the next regular meeting to %he Mexican Fiesta Committee for their contribution to community. ADJOURNMENT. The meeting adjourned at 9:15 p.m.. APPROVED Nancy A. Kirksey, Mayor ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, August 13, 1990 MINUTES WOODBURN PLANNING COMMISSION AUGUST 9, 1990 l) 2) 4) ~) 6) ROLL CALL: President Vice President Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mr. Johnson Absent Mr. German Absent Mr. Val!ieres Present Mrs. Warzynski Present Mr. Park Present Mr. Shiliig Present Mrs. Sprauer Present Mr. Rappieyea Present Commissioner Vaiiieres served as President at this hearing. Staff Present: Steve Goeckritz, Community Development Director Barbara Sochacka, City Planner MINUTES: Planning Commission minutes of July !2, !990 were approved as written. City Council minutes of June 25 and July 9, 1990 were accepted as written. Woodburn Downtown Association minutes of July 9 and i? were accepted as written. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: None UNFINISHED BUSINESS: Subdivision Ordinance Case #90-02 was rescheduled to be heard at the latter part of the meeting. PUBLIC HEARINGS: !. Site Plan Review #90-!i Retail Center 2. Comprehensive Plan Map Amendment Case #90-01 3. Zone Map Amendment Case #90-03 4. Minor Partition Case #90-04 5. Variance #90-02 Staff first read into the record the statement necessary to start the public hearing. The staff then gave an overview of the various elements contained in the reports, their findings and recommendations. The acting President then called on persons from the audience to testify on behalf of the proposal. Mr. Craig Gasser of 74 East 500 South Suite 200, Bountiful, Utah identified that he was the prospective developer of the site. he apologized for not identifying the anchor store client but that was the anchor store development policy, he stated they would release that information as soon as the property transactions were finalized. He conveyed to the Commission that he appreciated staff's assistance and agreed with the various conditions established on the site. ~.e President threw open the hearing up to anyone who objected to the proposal. There were none. After some discussion between the developer, Commission members and staff the President closed the hearing. It was the consensus of the Commission that they act on each report separately. Commissioner Warzynski moved that Site Plan #90-10 be approved with conditions as outlined in the staff report. Commissioner Park seconded the motion. Commissioner Warzynski moved ~ Comprehensive Plan Map Amendment Case #90-0i and Zone Map Amendment Case #90-03 be recommended for approval to the City Council. Commissioner' park seconded the motion. A vote was taken and passed unanimously. Commissioner Park recommended approval of Variance #90-02. Commissioner Sprauer seconded the motion. A vote was taken and passed unanimously. Site Plan Review #90-11 Variance #90-02 Berryman Apartments 7) 9) ~o) Staff presented the development proposal to the Commission. The President then opened the hearing up to the proponents of this proposal. Clarke Berryman, property owner, spoke on behalf of the proposal. No one spoke in opposition. Commissioner Shiiiig moved to approved Site Plan #90--!1 and Minor Partition #90-06 with conditions. Commissioner Warzynski seconded the motion. A vote was taken and passed unanimously. UNFINISHED BUSINESS: The Planning Commission continued discussion on the Draft Ordinance and agreed to finalize action on this document at the next meeting. REPORTS: Staff discussed the memo on the modular classrooms for the High School. Code Enforcement activity was up this month. Building activity was up this month. BUSINESS FROM THE COMMISSION: Staff and the Commission discussed the possibility of car pooling to the Planning Commissioner seminar in September. ADJOURNMENT: The being no further business the Planning Commission meeting adjourned. 270 Montgomery Street Woodburn, Oregon 97071 982-5229 PROCLAI~TION UNITED WAY DAY SEPTEMBER 6, 1990 WHEREAS, Over 100 years ago, four Denver clergymen began the organization that is now the United Way, which has more that 2,000 separate chapters throughout the United States; and WHEREAS, Oregon United Way chapters have helped people in our state for more than 60 years; and WHEREAS, United Way traditionally gave assistance to the home- less and the hungry, and today's services include programs for day care, job training, medical treatment, senior citizens, terminal illness, alcoholism, drug abuse, family violence and other problems of our society; and WHEREAS, United Way volunteers work together to raise money through a single, community-wide campaign; and WHEREAS, This once-a-year appeal is an efficient and effective fund-raiser, offering employees and employers an opportunity to support a wide variety of charities with one contribution, 87% of which goes to the people who need help; THEREFORE, proclaim I, Nancy A. Kirksey, Mayor of Woodburn do hereby SEPTEMBER 6, 1990 UNITED WAY DAY in Wocdburn and encourage all citizens to join in this observance. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of Woodburn to be affixed this 27th day of August, 1990. Nancy A. Kirksey, Mayor City of Woodburn MEMO TO: FROM: SUBJECT: DATE: City Council thru City ~dministrator Planning Commission Comprehensive Plan and Zone Map Amendment/Retail Shopping Center Complex August 13, 1990 At their hearing on August 9, 1990 the Planning Commission approved a proposal to develop a retail shopping center complex. Because the proposal consists of several different land use decisions the retail center packet consists of four closely interrelated staff reports: Site Plan Review - Variance - Minor Partition Comprehensive Plan/Zone Map Amendment The applicant, Craig Gasser wants to develop a retail center on a !i acre site located at the intersection of Progress Way and Mt. Hood Avenue. Presently, there are only 10 acres of commercial land available at this location; therefore, to consolidate an II acre parcel, the applicant has to partition off approximately I acre from the adjoining industrial parcel, and then, subsequently, the one acre parcel has to be rezoned and amended from Industrial Park to General Commercial. The applicant is also requesting a variance to increase driveway widths from Progress Way and Mt. Hood Ave. The Commission after hearing testimony and reviewing the reports unanimously approved the report in its entirety. It should be noted it is not necessary for the City Council to act on all four requests. The Site Plan Review, Variance and Minor Partition are included to provide Council insight as to what the purpose of the Zone and Comprehensive Plan Map amendments are for. The Council has only to act on the Zone and Plan Map amendments. The Council has three alternatives regarding this development request. Approve without additional conditions the Planning Commissions recommendation to amend the City's Zoning and Comprehensive Plan Maps. City Council thru City Administrator August 13, 1990 page 2 Approve the amendments with modified or additional conditions. 3. Deny the proposal. Whatever action is taken by the Council, City staff will submit an ordinance to substantiate Council's action at the next Council meetinG. IT SHOULD BE NOTED THAT ANY ACTION TO APPROVE ALTERNATIVE ONE OR TWO SHOULD BE CONDITIONED ON THE ONE ACRE PROPERTY TRANSACTION TAKING PLACE. THAT ACTION IS NECESSARY TO JUSTIFY THE COMPREHENSIVE PLAN MAP AND ZONE CHANGE, THE SITE PLAN AND THE MINOR PARTITION. STAFF REPORT ZONE MAP AMENDMENT CASE #90-03 COMPREHENSIVE MAP AMENDMENT CASE #90-0! A: APPLICANT: Craig Gasser PROPERTY LOCATION: Approximately 450 feet east from Progress Way and 450 feet north from Mt. Hood Ave. (See Attachment "A") REQUEST: Applicant requests Planning Commission approval to rezone approximately ! acre of land from IP (Industrial Park) to CG (Commercial General). The corresponding Comprehensive Plan Map must be amended from Industrial .to Commercial. (See Attachment APPLICANT'S STATEMENT OF INTENT: This request for a zoning change is being made to allow the property to be combined with a much larger piece of property to facilitate a large commercial development. The property as it now exists is zoned for industrial use. Our objective is that by rezoning this property we can provide additional land needed for a proposed commercial development. The development will consist of a large retailer with national recognition whose presence will benefit the City of Woodburn economically and by way of employment opportunities. This request is in conformance with the Comprehensive Plan. Property on the entire south boundary is zoned General Commercial. The property is at the back of a much larger parcel and boarders a commercial zone. By rezoning it commercial it will not isolate, segment or divide any of the remaining industrial zoned property. The public stands to benefit form this rezone since it will allow the developer the needed additional property for their emp~o~..,e.., opportunities to the city. Also the public will enjoy the convenience of local shopping as opposed to traveling a considerable distance to a larger city. As the city grows their ~= greater demand for retail products not to mention the need for a broader range and greater variety of products. The rezone will help to satisfy these shopping demands. In surveying the area, no other property was'found which would satisfy the requirements of the proposed development. Because the property is located adjacent to the commercial zone and there is a need for greater depth than can be offered on the commercia!ly zoned property it is critical that this parcel be used and no other property will qualify. The property is located along the back of a larger parcel being used for industrial purposes. The shape of the larger parcel is such that the corner in the parcel being rezoned is not being utilized nor is it functional for our industrial use purposes. We hereby request and petition the City of Woodburn to rezone the property as described in this application form IP to GC. (See Attachment "C") APPLICABLE COMPREHENSIVE ~N AND ZONING ORDINANCE CRITERIA: !. Comprehensive Plan (See Attachment "D") Commercial Development Policies Chapter IX, Goals and Policies, Section B Chapter VIII, Land Needs for the Future B. Commercial Land Zoning Ordinance Chapter 16: Section 16.040. Concurrent Zone Change Request. Plan changes can be reviewed concurrently with Zone Change requests, except that separate criteria and filing fees shall be required. Section 16.050. Plan Amendment Criteria. Before a Plan ~ ~'- * be made, the Common Council must find that ~me~.a~en. can the proposal meets the following criteria: a) The proposal complies with all applicable Statewide Goals and Guidelines. b) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan. c) There is a clearly demonstrated public need for the proposed amendment. d) The proposal best satisfies the public need. Section 16.080. Burden of Proof. The following specific questions shall be given consideration in evaluating requests regarding plan and zoning amendments and are as follows: Cz Ci a) To support an amendment to the Comprehensive Plan, the applicant shall: 1) 2) 3) Prove that the original plan was in error; Show that the community has changed since the original plan was adopted; or Show that there has been a change in the planning and growth policy of the City. b) To support a zone chan~e, the applicant shall: 1) Show there is a need for the use proposed; Show that the particular piece of property in question will best meet that need. c) A City Council decision on Zone and Comprehensive Map amendments are "judicial like", in that a decision must consider the evidence and weigh that evidence against what the Comprehensive Plan directs the Council to do. STAFF COMMENTS: The request for a zone change and a Comprehensive Plan Map amendment is being made to facilitate a large commercial development. The property, approximately ! acre, is presently zoned IP (Industrial Park) and designated Industrial on the Comprehensive Plan Map. The primary objective of the zone change/plan amendment request is to provide additional land for a proposed ~=~t~l=~ center. In surveying the area, no other property was found which would satisfy the requirements of the proposed ~.~s ~ acre parcel is adjacent to the development. ~ ~ commercial zone and there is a need for a greater depth to develop the proposed retail center than can be offered on the !0 acre commercial parcel located at the northeast corner of the intersection of Progress Way and Mt. Hood Avenue. Tke 1 acre parcel is located along the back of a larger parcel zoned IP and designated Industrial. The shape of the larger industrial parcel is such that the corner in the parcel requested ~o be rezoned is not being utilized nor is it functional for any industrial uses. Therefore, '3 the proposed zone/map amendment request will create more efficient use of land, since it will stimulate commercial development. The property - the one acre strip - is located at the back of a much larger industrial parcel and borders a commercial zone. By rezoning it from Industrial Park to Commercial General will not isolate, segment or divide any of the remaining industrial properties. 4) The proposed request will allow the developer the needed additional property for the development which, in turn, will eventually bring greater shopping and employment opportunities to the city, and consequently, will diversify the shopping demands by providing a broader range and greater variety of products. STAFF FINDINGS AND RECOMMENDATIONS: The proposal complies with the commercial development policies outlined by the Woodburn Comprehensive Plan. Th~e proposal satisfies the public need diversified shopping demands in Woodburn. for more The property - ! acre parcel - will best meet the design criteria to develop the proposed retail center at the intersection of Progress Way and Mt. Hood Avenue. Staff recommends approval of the proposed comprehensive plan map amendment and zone change request subject to the following conditions: Approval granted by the Planning Commission shall be effective only when the right granted shall be commenced within one year from the effective date of this approval. o A retail shopping center as requested and presented by the Site Plan Review case #90-10 shall be developed. In case such retail center is not developed within one year, or extension obtained, the zone and comprehensive map amendment request shall be void. A written request for an extension of time shall be filed with the ,~o~unity Development Director at least 30 days prior to the expiration of the application. A TTA CHM£N 7' ~ ~ STAFF REPORT SITE PLAN REVIEW CASE #90-10 RETAIL CENTER APPLICANT: REQUEST: Craig Gasser To develop a ii2,729 sq. ft. retail center on an approximately ii acre parcel. (Attachment :'B") PROPERTY LOCATION: North east corner of the intersection of Progress Way and Mt. Hood Avenue. (See Attachment "A") ZONE: Commercial General (CG) approximately !0 acres Industrial Park (iP) approximately I acre COMPREHENSIVE PLAN DESIGNATION: Commercial - Approx. 10 acres Industrial - Approx. I acre APPLICANT'S STATEMENT OF INTENT: We hereby propose a retail facility be located on the property ~d=~+ified in this application. ~t is our intention to build and open buildings whose primary use will be the sale of general ~ ~ ~=~= .~.e~c.~..~e and services. The development will be phased with the major anchor being built first and the smaller building at a later date. Depending on the approval process, construction might begin as early as fall but if not then, definitely in the spring so the major anchor can open for business in !99!. We intend to have a top quality development, fully landscaped to meet ~+~? recuirements and attractive buildings t~ ~mp~,e~.~ the ex/sting structures near the site and enhance the overall neighborhood. APPLICABLE ZONING ORDINANCE AND COMPREHENSIVE PLAN CRITERIA: Woodburn Zoning Ordinance: Chapter !0, Off-Street Parking, Loadin~ and Driveway Standards. Chapter !!, Site Plan Review Chapter 30, Commercial General Woodburn Comprehensive Plan Chapter IX, Goals and Policies B. Commercial Land Development Policies H. Public Service Goals and Policies I. Transportation Goals and Policies Chapter X, The Land Use Plan B. Commercial Lands Chapter XII, Implementation of the Plan D. Site Plan Control F. Access Control STAFF COMMENTS EVALUATING THE PROJECT Retail centers are uses permitted outright in an Commercial General District (Section 30.010 (a) of the Woodburn Zoning Ordinance) The retail complex (1!2,729 sq. ft.) proposed by the applicant consist of two major retail structures: - retail building (86,4?9 sq. ft. in area) located on the east part of the !! acre parcel; - retail shops (26,250 sq. ft. in area) located on the west part of the parcel. Parking Standards-- Section !0.050 (W) of the Zoning Ordinance provides the following standards for off-street parking for retail shops: - one space per 200 sq. ft. of gross floor area, plus one space per every two employees. Total gross area of the retail complex = ili,729 s~ ft Required number of parking spaces = 558 The proposed design outlines only 541 parking spaces which means that the developer should provide additional i7 parking spaces. It should be noted, however, that, first, The Woodburn Zoning Ordinance Chapter l0 does not include any specific standards for retail centers. Section 10.050 (w) specifies parking standards only for retail stores and does not address retail complex; and, second, the "missing:' !7 parking spaces constitute approximately 3~ of the total number of parking spaces (588). Therefore, staff concludes that the 541 parking spaces provided for the !1!,.700 sq. ft. retail complex should be sufficient to meet the parking demand. Driveway Standards two !and approach for entrance and exit having a mix of car and truck traffic shall be 28 feet. 2 IX~DARY NORTH PARK PLAZA LEGION PARK PARK VIEW , ]NGTON t9 LINCOLN RO. · AT £A/" Commercial ~ Development Policies The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/211/99E four corners intersection area. No new areas should be established. B-mo Lands for high traffic generating uses (shopping centers, malls, restaurants, etc.) should be located on well improved arterials. The uses should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. Strip zoning should be discouraged as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than ]50 feet and parcels containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage site lots should be encouraged to develop "mall type" developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. Architectural design of commercial areas should be attractive With a spacious feeling and enough landscaping to reduce the visual impact of large expanses of asphalt parking areas. It wou]d be of benefil to the entire City to have the historical center of Woodburn an active, healthy commercial area. Downtown redevelopment should be emphasized and the City should in its actions, encourage new commercial development to locate downtown when appropriate. Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have 1he proper architectural and landscaping buffer zones. Three land approach having a left turn lane shall be up to 36 feet. The applicant requests two 30 feet driveway approaches from Progress Way and one 42 feet three lane approach from Hwy 2!4. Since the applicant desires driveways of a greater width he may apply for a variance to these provisions (See Addendum - Variance Request #90-02) A landscaped yard .5 feet in depth shall be provided in a CG District on every lot adjacent to a street. The proposed development meets the required standards. (See additional comments in the Planning Conditions for Approval") RECOMMENDATIONS: Staf~ recommends the Planning Commission approve the requested Site Plan #90-!0 subject to the following conditions: Pla ning Variance approval to increase width on driveway access on Hwy 2i4 from 36 feet to 4~'~ feet and to increase width on two driveways on. progress Way from 28 feet to 30 feet. Comprehensive Plan Map amendment approval from Industrial to Commercial with concurrent zone change from Industrial Park to Commercial General as requested by the Zone Map Amendment Case #90-01. Minor partition approval as requested by the Minor Partition Case #90-04 to consolidate the I"~ acre commercia~ ~ite. A letter of acknowledgement signed by al! owners of the I! acre commercial site confirming the overall plan and the design for a retail center as requested by Craig Gasser (Site Plan Review #90--10) shall be submitted to the Planning Division prior to issuance of any building permit. RECIPROCAL AGREEMENT for future access to the adjoining commercial parcel (est side) shall be required prior to any development. The applicant shall not remonstrate a reciprocal access agreement with the adjoining property to the east. Ail driveways, parking and loading areas shall be paved with asphalt or concrete surfacing and shall be adequately designed, graded and drained as required by the Public Works Department. 7. LANDSCAPING: ornamental plantings shall not be more than 30" in height in all 5' strips adjacent to roads; b) trees - minimum height of 7' for lowest limbs shall be required; additional landscaped islands (3-4) shall be required in the south parking area. Sewer D~Ci-~I ~ ~.~ow Prevention Devices: a: Fire surinkier system is required to have a ~ or ..... Tailed ; ~ cope ...... g if there are chemicals added. ~. ~u,,e~ic ~ater i/ne may be required to have a RP device. c. Irrigation .... +o~ '~ ~ ~ ...... ~ any) will need = RP, DC Restaurants are interceptor. required to have a grease Depending upon the business, requirements may be imposed. additional Fire Department Premise Identification: Upon completion addresses must meet Fire Code requirements and be posted on ~.:"-= building Conditions for Construction: On site water supply must be provided to the start of combustible construction. This water supply must meet city standards and be accepted by the City Water Department prior to combustible construction· Building Construction: All buildings must meet and have Marion County and City of Woodburn building permits prior to construction. All buildings must be reviewed and accepted for Fire and Life Safety by Marion County Building Department prior to construction. o Access: Access to the rear of the building was modified and required from the east end up to 150' in length. Fire Flow: Since type of construction is not known, a minimum of (4) hydrants will be needed for the larger building and additional hydrants may also be needed. Spacing of hydrants need to be determined, the most probable scenario will be a maximum of 350' between hydrants. Fire Department Connection: The fire department connection for the sprinkler system will not be located on the buiiding. Building Size: Recommend that developer contact Marion County Building Department for maximum size in relation to set back requirements. Building: Ail plans shall be submitted to City for County Fire and Life Safety plan review. All fees shall be paid to City of Woodburn. Engineering: I. General: i. ~an ,~=~ pi=~, shail,~ ~ conform to the Construction ~ Review Procedures and Standards. This property is not contiguous to Progress Way, Woodburn Development Co. owns = =*~p of land ad3acent to Progress Way ~ ~- = ..... ' ~g~.~ o~ w=~. This ~ssue will need to be resolved prior to approval by the City for access or utilities crossing this strip. Applicant shai~ conform to the Oregon State Highway Departments requirements for access onto State Highway 2~4 All work within and access to State Highway 2!4 will require a permit from the State Highway Department. 4. Show all existing easements on plan. A!~ work sha~i conform to the Ci~y of Woodburn Standards and SDeci~ications,~ and ail State Building Codes. II. Street: The maximum width for a three lane commercial driveway is 36 feet in width, a two lane driveway is 28 feet in width. Widths as shown on the plan will require a variance. Five foot concrete sidewalks will be required adjacent to Mt. Hood Ave. and Progress Way. Existing asphalt sidewalks shall be replaced with concrete. The future access to the east shall be barricaded or installed with extruded curb. A paved surface shall be required behind the retail building for fire protection access, the minimum width of 20 feet. A traffic study shall be required to access the impact on Mt. Hood Ave. and Progress Way. This also include the aligned access from Bi-Mart site and this development. a o If signalization is required, this cost will be shared by !3 acre Bi-Mart site and this development. o The lot designated as outiot on the curb plan.shall have extruded curb~--~ed~= ~ adjacent to the parking lot. Storm Sewer: The existing storm sewer on Mt. Hood Ave. is at capacity, this system is also controlled by the State Highway Department not the City. The City has no other existing system to serve this site. The applicant will be required to construct a storm sewer main to Mill Creek with this development. The cost of the main will be distributed between this development and the 13 acre site (Bi-Mart) n the south side of Mt. Hood Ave. The Engineering plans have been approved for this storm sewer main subject to certain conditions, see attachment "M" as of this date only condition #4 has been completed. These conditions will need to be completed prior to approval. On site (private) catch basins shall be constructed with an oil trap or install a pollution control manhole. 6 Fo IV Depending on the amount of storm runoff by this development, some on-site detention may be required. Provide city with storm runoff calculations for this development. The approved plans for the storm sewer main to Mill Creek locate the main running through this development. This will need to be incorporated in the final plan, easement will also be required. Pizza Hut currently has a storm water pressure main running north across this property. This will need to be eliminated with this development. Water: Fire hydrants and fire connections shall be located departments recommendation. sprinkler system as per the fire o The proposed water main for this development shall be a city maintained man facility (except fire sprinkler system and domestic service). 16 foot easements shall be required. The system shall be looped. Find attached a conceptual water system layout. This plan is sub3ect to change depending on hydrant locations and flow requirements etc. See Sewer Division comments for backf!ow requ~e,,.en,~. V Sanitary Sewer: S~tary service can be provided Progress Way or Mt. Hood Ave. f~om either No ooen street cuts wig~ be ~i!owed on Progress Way. See Sewer Division comments on grease traps. 4. Show existing sanitary and easements on plan. No additional comments at this time. OREGON DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION A traffic study needs to be performed to determine if signals are required on Mt. Hood Ave. at the new driveway or Progress Way. 7 The developer must apply for a grant of access for the new driveway through the District Office. No parking or crossing should occur on the new driveway w~~I'I.I.. .'~50 feet of the curb line on the north side of ~.~.~ Hood Avenue. I recommend al! parking be eliminated along this roadway as it wili not be safe to walk on the roadway to the store. The existing access on Mt. Hood Avenue will break down over time making it difficult to use as volumes on the Highway (Mt. Hood Ave.) increase. i/ NORTH PARK PLAZA LEGION PARK PARK VIEW, J INGTON 9 ATTACHI~ENT ~" MEMO FROH: OATE: SUB,1ECT: BUDGET COI~ITTEE MICHAEL OUINN, CITY ADMINISTRATOR AUGUST 1, 1990 1990-91 SUPPLEMENTAL BUDGET Per statutory provisions of the budget law, any changes which increase the budget appropriations must go through a public hearing process. While capital carryover becomes an additional resource amount, expenses can only increase via appropriation adjustments. The main reason for this supplemental budget is*to rearrange appropriations in order to accomplish the computer replacement project. In the course of budgetary review, there are a few other appropriation requests detailed below: GENERAL FUND Working Capital Carryover Receipts from forfeiture cases prosecuted through City Attorney City Administrator: Capital Outlay Postage meter replacement City Attorney: Capital Outlay Replacement of chairs Police Dept: Capital Outlay Traffic radar reader board for police patrol Non-Departmental: Materials & Services COG & LGPI dues participation Non-Departmental: Capital Outlay Computer office furniture involving tables, desk extensions, and new items to facilitate the new equipment Non-Departmental: Materials & Services Legal expenses - Emanuel Hospital Non-Departmental: Materials & Services Legal expenses - Pacific N.W. Development Revenue Expense 15,600 750 16,350 9O0 750 2,000 2,700 5,000 500 4 ;500 16,350 Budget Committee AuguSt 1,, 1990 Page 2 Revenue Expense RECREATION & PARKS FUND Working Capital Carryover Lei sure Services: Material s& Services Contractual services for programs which were separated more than necessary when the swimming pool was budgeted separately. Non-Departmental: Materials & Services Country Club Road special assessment from 3/1/88 through current fiscal year previously unbudgeted. Total INVESTIGATION & SEIZURE FUND Confiscated Cash Materials & Services : Criminal Investigations Total STATE REVENOE SHARING FUND Working Capital Carryover Capital Outlay: Street Resurfacing of Boone's Ferry Rd. Total 13,520 13,520 6,000 6,000 12,000 12,000 4,500 9,020 13,520 6,000 6,000 12,000 12,000 SEWER CIF FUND Working Capital Carryover Capital Outlay: Captial equipment for a variable speed motor and two sampling devices at WWTP; sump pump and generator at failed pump station in west Woodburn. Total 32,000 32,000 32,000 32,000 WATER CIF FUND Working Capital Carryover Materials & Services: Engineering services for future water well construction Total 12,000 12,000 12,000 12,000 WORKING CAPITAL FUND Miscellaneous Income Materials & Services: Central Stores office supplies Total 7,000 7,000 7,000 7,000 ¢o~c~ B~n NO. ORDINANCE NO, AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1990-91, i~ND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 1990-91, as approved by the Budget Committee, is hereby adopted as set forth below. Section 2. That fiscal year 1990-91 revenues and appropriations are increased as follows: GENERAL FUND Revenues -- Working Capital Carryover Miscellaneous Income $ 15,600 75O TOTAL GENERAL FUND REVENUES $ 16,350 Expenditures -- City Administrator's Office: Capita] Outlay City Attorney's Office: Capital Outlay Police Department: Capital Outlay Non-Departmental - Materials & Services: Legal Expenses - Emanuel Hospital Legal Expenses - Pacific NW Development COG Membership LGPI Membership Non-Departmental - Capital Outlay: Computer Office Furniture $ 900 750 2,000 500 4,500 2,000 ?00 $ 5,000 TOTAL GENERAL FUND APPROPRIATIONS 16,350 PARK AND RECREATION FUND: Revenues -- Working Capital Carryover $ 13,520 TOTAL PARK & RECREATION FUND REVENUES $ 13,520 Page 1 - COUNCIL BILL NO. ORDINANCE NO. Expenditures -- Leisure Services: Materials & Services Non-Departmental: Materials & Services TOTAL PARK & RECREATION FUND APPROPRIATIONS INVESTIGATION AND SEIZURE FUND: Revenues -- Confiscated Cash TOTAL INVESTIGATION & SEIZURE FUND REVENUES Expenditures -- Materials & Services TOTAL INVESTIGATION & SEIZURE FUND APPROPRIATIONS STATE REVENUE SHARING FUND: Revenues -- Working Capital Carryover TOTAL STATE REVENUE SHARING FUND REVENUES Expenditures -- Capital Out]ay TOTAL STATE REVENUE SHARING FUND APPROPRIATIONS SEWER CAPITAL IMPROVEMENT FUND: Revenues -- Working Capital Carryover TOTAL SEWER CAPITAL IMPROVEMENT FUND REVENUES Expenditures -- Capital Outlay TOTAL SEWER CAPITAL IMPROV. FUND APPROPRIATIONS WATER CAPITAL IMPROVEMENT FUND: Revenues -- Working Capital Carryover TOTAL WATER CAPITAL IMPROVEMENT FUND REVENUES Page 2 COUNCIL BILL NO. ORDINANCE NO. $ 4,500 9,020 $ 6,000 6,000 $ 12,000 $ 12,000 $ 32,000 $ 32,000 $ 12,000 $ 13,520 $ 6,000 $ 6,000 $ 12,000 $ 12,000 $ 3~2~000 $ 32,000 .$ 12,000 ,04 I Expenditures -- Materials & Services TOTAL WATER CAPITAL IMPROV. FUND APPROPRIATIONS $ 12,000. $ 12,000 WORKING CAPITAL FUND: Revenues -- Miscellaneous Income (Central Stores) TOTAL WORKING CAPITAL FUND REVENUES 7,000 $ 7,000 Expenditures -- Central Stores: Materials & Services TOTAL WORKING CAPITAL FUND APPROPRIATIONS $ 7,000 7,000 CAPITAL PROJECT MANAGEMENT FUND: Revenues -- interest from Investments Interfund Transfer/General Fund Interfund Transfer/Federal Revenue Sharing Fund Interfund Transfer/Library Fund Interfund Transfer/Park & Recreation Fund Interfund Transfer/Special Assessment Fund Interfund Transfer/Water Fund Interfund Transfer/Wastewater Fund Interfund Transfer/Tech. & Envir. Serv. Fund Lease proceeds/U.S. Bank TOTAL CAPITAL PROJECT MANAGEMENT FUND REVENUES $ 1,500 42,000 52,944 3,500 2,500 3,995 6,757 6,758 2,500 178~173 $300,627 Expenditures -- Materials & Services Capital Outlay $ 98,182 202,445 TOTAL CAPITAL PROJECT MGMT. FUND APPROPRIATIONS $300,627 Section 3. That the City Recorder shall certify the supplemental budget to the County Clerk and County Assessor of Marion County, Oregon, and shall file with the Department of Revenue, State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with the Department of Revenue Administrative Rule OAR 150-294.480. Section 4. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Page 3 COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. ORDI N~NCE NO. AN ORDINANCE PROVIDING FOR THE CALLING OF A CITY TAX BASE ELECTION IN THE CITY OF WOODBURN ON NOVEMBER 6, 1990, FOR THE PURPOSE OF SUBMITTING TO THE LEGAL VOTERS OF THE CITY OF NOODBURN, OREGON, A NEW TAX BASE IN THE AMOUNT OF $2,378,718.00, REPEALING THE LIBRARY AND PARKS SERIAL LEVIES, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Woodburn, Oregon has determined that the Serial Levies of the Library and Parks should be repealed and combined with the current tax base into one new tax base in order to permit the proper operation of the city affairs, and WHEREAS, in order to comply with Oregon Revised Statutes 310.135, it is necessary to submit the question of repealing the Library and Parks Serial Levies and establishing a new tax base to the legal voters of the City of Woodburn, NOW, THEREFORE, THE CIT~ OF WOODBURN ORDAINS AS FOLLOWS: Section 1. A new tax base of $2,378,718.00 is hereby established for the City of Woodburn, Oregon, effective July 1, 1991. Section 2. The following continuing serial levies are hereby repealed effective July 1, 1991: (a) Charter amendment to provide for an maintain a public library adopted at an election held on May 17, 1946, and amended by the voters at an election held on May 18, 1962. (Presently contained in Section 40 of the City of Woodburn Charter of 1982); and (b) Charter amendment to provide for parks and recreation adopted at an election held on March 26, 1948. (Presently contained in Section 40 of the City of Woodburn Charter of 1982). Section 3. That the measure set forth in Exhibit A, attached hereto and incorporated herein by reference, shall be submitted in the manner prescribed in this ordinance to the legal voters of the City of Woodburn, Oregon, at a City tax base election to be held on November 6, 1990. Section 4. Said election shall be held in accordance with the applicable provisions of law. The appropriate notices shall be given as provided by applicable law. Section 5. There is a regular state-wide general election being held in the State of Oregon on November 6, 1990, and this City tax base election is called to be held concurrently therewith and as a part thereof. Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 6. This ordinance being necessary for the public peace, health and safety, in that this ordinance must be promptly submitted to the County Clerk to meet legal deadlines, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. EXHIBIT MUNICIPAL ELECTION CITY OF WOODBURN Marion County, Oregon November 6, 1990 Submitted to the Voters by the City Council QUESTION: TO ESTABLISH NEW TAX BASE AND REPLACE CHARTER SERIAL LEVIES Shall City of Woodburn repeal Charter Serial Levies and establish a new tax base of $2,378,718 effective July 1, 19917 EXPLANATION: This measure amends the Woodburn City Charter to eliminate the Library and Recreation and Parks Serial Levies. It replaces these Serial Levies and an outdated City tax base.with a new single tax base of $2,378,718. Tax base increases allowed by the Oregon Constitution would not be applied to this tax base amount until fiscal year 1992-93. The current tax base was originated in about 1916 and has increased per statutory provisions to $165,494. This tax base has not been considered adequate since excess levies have been necessary for most years since its inception. In 1946 and 1948, continuing Serial Levies were approved for the Library and Recreation and Parks. The current annual operating levy for the General and Transit Funds expires June 30, 1991. By eliminating the special earmarked Serial Levies, funds may be allocated as needed to all property tax supported services, such as police, library, parks, court, administration, and transit under one combined budget philosophy. Section 4. There is a regular state-wide general election being held in the State of Oregon on November 6, 1990, and this election is called to be held concurrently therewith and as a part thereof. Section 5. This ordinance being necessary for the public peace, health and safety, in that this ordinance must be promptly submitted to the County Clerk to meet legal deadlines, an emergency is declared to exist and this ordinance shall take effect irmmediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. EXHIBI. T h MUNICIPAL ELECTION CITY OF WOODBURN Marion County, Oregon Nove~er 6, 1990 Submitted to the Voters by the City Council CHARTER AMENDMENT LIMITING TAX BASE QUESTION: Shall the City Charter be amended to limit the City Council's authority to increase the City's tax base? EXPLANATION: Ballot measure no. 24-__ establishes a new tax base for the City of Woodburn effective July 1, 1991. Under state law, the tax base may be increased each year thereafter by 6%. This measure would limit the Council's authority to increase the City's tax bases each year to a maximum of 4%. This measure will not take effect unless measure no. 24- , establishing a new City tax base, is approved. SPECIAL ASSESSMENT FUND Transfer From: Work in Process Materials & Services Transfer to: Work in Process Interfund Transfer - Capital Project Mgmt. Fund WATER FUND Transfer From: Water Administration Capital Outlay Transfer to: Interfund Transfer - Capital Project Mgmt. Fund WASTEWATER FUND Transfer From: Sewer Line Maintenance Capital Outlay Transfer to: Interfund Transfer - Capital Project Mgmt. Fund TECHNICAL & ENVIRONMENTAL SERVICES FUND Transfer From: Engineering Division Materials & Services (Computer System Expense) Transfer to: Interfund Transfer - Capital Project Mgmt. Fund $ 3,995 $ 6,757 $ 6,758 2,500 $ 3,995 $ 6,757 6,758 $ 2,500 Approved as to form: City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Page 2 Mary Tennant, Deputy Recorder City of Woodburn, Oregon COUNCIL BILL NO. RESOLUTION NO. Date APPROVED NANCY A. KIRKSEY, MAYOR STAFF REPORT SITE PLAN REVIEW CASE #90-!! ADDENDUM: MINOR PARTITION CASE #90-06 A) B) C) D) E) F) APPLICANT: Chris Michael Diloreto PROPERTY OWNER: Clarke and Pat Berryman PROPERTY LOCATION: 1017 Young Street (See Attachment "A") ZONE: CR (Commercial Retail) COMPREHENSIVE PLAN DESIGNATION: Commercial APPLICANTS REQUEST: [See Attachments '~B" and "C"] a) Site Plan Review - Apartment Complex This proposal is for a l0 unit, two story, apartment complex to be constructed on a~=ite located ~t 10i? Young ~e~ ~.. Woodburn, Oregon. The t~z~ acc~...~-~+ number is 42893-000 and the deed reference is #~50, page 23. The existing site is a flat piece of property with frontage on Young Street and Bryan Street. The 36,!60 sq. ft. site has a single story, 4,000 sq. ft. veterinary clinic and office building. This structure is to remain. The apartments are arranged in ~'train-car~: fashion along the north_Dart of the site. One parking space per u..~, is provided ad3acent to each apartment with the other i/2 space per unit located in a lot along the west edge of the property. Pedestrian access is from the parking, between units, to a courtyard along the north. Courtyard is generously landscaped with paved paths, ground cover irrigated lawn and plantings, and a fountain. Along the north side of the property a row of cedar trees is proposed ==~ a screen and edge to the courtyard. Each unit consists of a entry, living/dining area, k~en, bathroom an~ single bedroom. Each unit has a private outdoor space in the form of a fenced terrace on the ground ~ ~=oor and a deck on the upper floor. Both the upper and lower floor plans are identical. The exterior of the structure will consist of wood ~ding ~ .~ .... ~ , ~um~..~,. win~ows, and fiberglass shingle roofing. Stairs, decks, and roof overhangs will break up and enhance the facades. ~) H) b) Minor Partition (See also Addendum -Minor Partition Case #90-06) As part of the development, the owner proposes a minor partition to divide the existing lot into two parcels. One parcel of around 13,000 sq. ft. will house the office building and its parking. The other parcel running along the north part of the site will be around 23,000 sq. ft. and contain the apartments See Attachment "D" APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN CRITERIA: Woodburn Zoning Ordinance a) Chapter 10, Off-street b) c) d) e) parking, loading driveway standards Chapter 1!, Site Plan Review Chapter 26, Multiple Family Residential and Chapter 29, Commercial Retail District Chapter 39, Mandatory Parkland Dedication or Cash- in-lieu-of Woodburn Comprehensive ?lan- Chapter IX Goals and Policies A. Residential Land Development Policies G. Housing Goals and Policies M. Public Services Goals and Policies b) Chapter X, Land Use Plan C. High Density Residential Lands c) Chapter XII, implementation of the r.~ Zoning B. Site Plan Control PROJECT EVALUATION - STAFF COMMENTS The proposed north parcel is approximately .49 acres in area and is zoned Commercial Retail District (CR). Apartments are uses permitted outright within a CR (Commercial District). (Woodburn Zoning Ordinance, Section 29.010. a ). Chapter 26 of the Woodburn Zoning Ordinance provides the following development criteria for apartments: Section 26.080 Lot Area and Width: In an RM Distric~ the minimum lot area requirements for apartments shall be 5,000 sq. ft. plus additional area comouted as follows: o - for each dwelling unit with one or fewer bedrooms 1,200 sq. ft. The applicant proposes a 10 unit, two story, apartment complex to be constructed on a 23,000 sq. ft. parcel which meet the required lot area size. (calculated min lot size for the proposed development = 5,000 sq. ft. plus l0 x 1,200 sq. ft. = 17,000 sq. ft.) b) No main building or group of main buildings shall occupy more than 30 percent of the lot area; the proposed apartment complex (3,076 sq. ft) covers approximately 13 percent of the lot area. Section 26.070 of the Zoning Ordinance In an RM District the following landscaped yards shall be provided for residential uses other than single and two family dwellings: for each dwelling unit with one or less bedrooms - 300 sq. ft. S~nce the proposal provides ~ · ~or i0 one bedroom units, the required landscaped will have 3,000 sa. ft. in area. In an RM District all required yards adjacent to a street shall be landscaped. Section 10.050 of the Woodburn Zoning Ordinance: Off Street automobile parking shall be provided as in the amounts not less than those listed below: Dwellings containing 2 or more dwelling units located on the same lot: - one and one-half spaces per dwelling unit having only one bedroom. Medical and Dental Clinic: - one space per 300 sq. ft or gross floor area plus one space per two employees. The proposal provides for 15 parking spaces for the apartment complex and 13 parking spaces for the Veterinarian Clinic and office which meets the required standard. I) 5. Parkland Dedication: The Recreation and Parks Department request that cash in lieu of land be aid on this development. The cash dedication will be $?50.00. The $?§0 is payable upon issuance of a City building permit. STAFF CONCLUSIONS AND RECOMMENDATIONS: I a) The proposal meets the applicable criteria from the following chapters of the Zoning Ordinance: Chapter 10, 11, 26, 29, 39 b) The proposal stays in compliance with the applicable (listed above in Section G of the staff ~-~n c~.e.~a. report) Comprehensive ~ -~+ ~ II a) Staff recommends approval sub3ect to the following conditions. Clearly outline required landscaped area (In an RM District for each dwelling unit with one bedroom - 300 sq. ft. shall be provided). There shall be a 20 ft. landscaped yard ad3acent to Bryan Street. Ali required driveways and parking areas shall be paved with asphalt or concrete surfacing and shall be adequately designed, graded and drained as required by t the Public Works Department. Ail driveways shall be 26 ~t. in width. * The proposed apartment development area (apartment units and required parking) shall be enclosed with a sight obscuring ornamental fence, wail or hedge. The ornamental fence or wall shall be erected and maintained at a height of at least four feet but not more than seven feet; a compact evergreen hedge shall be not more than seven feet; a compact evergreen hedge shall not be less than 3 feet. The distance between two adjacent apartment buildings shall be not less than 14 feet. Driveway easement (through Parcel B) shall be provided to access the apartment complex from Young Street. Proposed walking paths connecting apartment units shall be paved. This condition refers to both proposed parcels: Parcel B Parcel A and Building: All plans have to be submitted to the City of Woodburn for fire, life, safety plan review· Backfiow devices must be located as close to the water meter as possible. Lawn irrigation system would need a Double Check or Atmospheric Vacuum breaker. Sewer: If laundry services are available, a DC or RP would be required on the domestic line. Fire Department: · ~~ ~-~,,um access requirements ~~ to be met FIRE FLOW - ~ow would be 1500 Hydrants: A hydrant should be p~e_ at the entrance to the complex on Young Street. Without ~=~, ..... hydrant the maximum distance fo~ ~,~: fi re flow ~ou2d be e~:ceeded. PREMISE iDENTIFiCATiON: A olan needs to be developed to identify which units are off of Bryan and which units are off of Young Street when occupants call in an emergency. Individual addresses may be an option· ..... ~ ....... ~° w~P ~N~ .... C,ION: ' ~ .~ ~,~~ ..... 0~'~e~w~' ~ The nymrant *~ be located at the Yoking Street entrance must be in place and ~e~.em+ ' ~'~ the City Water Department prior to the beginning of combustible construction on units A,D, and C. o~,=~=,iNG ,~o~m~,,~m~, Al b~,~d~g~ ~, .... ,~,~,~: i must comply to ~n~o~,., Building Code requirements and approved by Marion County Euildin~ Department or Fire and Life Safety Review. The following comments are additions to our original comments of July 17, 1990 and a result of the conference on July 20, 1990. The developer is required to provide a Knox Box access to locked gates if gates are used to prevent access to the apartments. o Marion County Building Department should state whether one hour fire protection is needed between Unit C and the existing B2 occupancy. If units A, B, C, D, and E are considered as single buildings then floor to roof line 5/$" fire rated gypsum board is required between Alarm System: The Fire District recommends that an early warning heat detection system be installed and connected to a central alarm center to provide early notification should fire occur in any of the apartments. Engineering: General W~nal plan shall conform to the ....... +~ ~ ~ cun~.~o~ plan review procedures. Driveway approaches shall comply with Ordinance #2033 and ~ii be constructed to city standards. a ~, foot concrete =~ ~ ,~-~> ~h~] ~= - red ..... ee.~=~.. ~ ~ ~equi adjacent to ~=u~n~ ..... ~.-' and ~=~:~ ...... Street, existing deteriorated concrete sidewalk shall be replaced. Remove existing access which know the site, including sidewalk and curb The commercial lot is to ~-~/tJfamiiy, the partition Subdivision Ordinance. be separated ~rom the shal~ ~" to the Parcel A (RM Property) shall be provided an ingress, egress easement over Parcel B. Water Meters to be located on Young Street , within the right- of-way. Recommended units to be individually metered. Fire ~,yur~,~,_ to be located ~-'~ the Young Street access, within the right-of-way. Backflow device ~ w~ be required on landscape sprinkler system. Sanitary Sewer i. Units shall be served from Bryan Street. Service shall be sized to serve all the units. This will be a private service. Storm Sewer Provide city with storm water runoff calculations for proposed site. City may require on-site detention. The city will determine the existing capacity of the storm sewer on Young and Bryan Streets. Recreation and Parks Department: The Recreation and Parks Department requests tL~t cash in lieu of land be paid on this development. The cash dedication fee will be $750.00. The $750.00 is payable upon issuance of a City Building permit. [See Attachment '~E~'] 7 ,~t,,~£cr /\ C ~ITTACHj,,iENT '~~' · , ) ',- ,-,,,' 0 C 'i - / AT-TACHI~£NT -) A?T,~CHM£~T.. ~D> P3~RK DED'rCATTON CJtLCUIJLTTON TABLE CITY OF I~i)ODBURN Development: Berr~man Apartments Prepared by: Nevin Ho11¥, Director Parks & Rec. Date: 7/16/90 This form is provided to developers in the calculation of park- land dedications or cash-in-lieu of fees as determined by City of Woodburn Zoning Ordinance, Section 39. Please refer to that Ordinance for detailed information about the background and administration of the parkland requirements. POPULATION GENERATION TABLE HOUSING TYPE[ ~ Of Units X People Per Unit = Population Generated Detached Sinqle Family 2 bedroom homes 3 bedroom homes 4 bedroom homes X 2.5 = Persons X 3.5 = Persons X 4.0 = Persons Attached Sinqle Family 1 bedroom units 2 bedroom units 3 bedroom units X 1.5 = Persons X 2.5 = Persons X 3.5 = Persons Low Density Apartments Efficiency Units 1 bedroom homes 10 .2 bedroom homes 3 bedroom homes X 1.0 = Persons X 1.5 = 15 Persons X 2.5 = Persons X 3.5 = Persons Hiqh Density Apartments Efficiency Units -1 bedroom units 2 bedroom units 3 bedroom units X 1.0 = Persons X 1.25 = Persons X 1.75 = Persons X 2.75 = Persons TOTAL POPULATION GENERATED = PERSONS LAND DEDICATION Population generated X 5 acre/1000 persons = PARKLAND REQUIRED 15 Persons X .005 Acre/Person = .075 Acres. CASH IN LIEU OF FEES Parkland acres required X $10,000/acre land value standard = CASH-IN-LIEU OF FEE. .075 Acres X $10,000/Acre = $750.00 FEE ATI',4CttMENT %..,- U.I I- Z 0 Z 0 C> 0 0 Z Z 0 0 0 0~' ~ ~-,-~ 0 ~'"0 "OMO ~ ~ 0 ~0~ ~v ~0~ ~0 o-~ ~ ~0~ INTRODUCTION The existing Woodbum Recreation and Parks Plan was prepare~t'by Mr. Bob Eaton in 1978. The Plan was incorporated into the City of Woodbum Comprehensive Plan in 1981. The 1981 Plan established much of the same criteria we will examine during our upcoming process. The 1981 Plan will be valuable in preparing data and formulating a new comprehensive plan. The plan was originally designed to be a 20 year document. The plan was updated with the addition of the Parkland Dedication Ordinance in 1986 by Mr. Scott Reese. We could, as a Board, choose to simply update the existing plan. However, it is my feeling that recreation planning has changed to such a degree since this plan was adopted, that a new comprehensive recreation and parks model needs to be initiated. The need for a new plan is further indicated by the population and demographical changes which have occurred and are occurring in Woodbum. Attached you will find a description of what a recreation and parks model should include. I also have attached the established means of developing such a document. During the process, we will have the assistance of Woodbum Planning Staff in developing the open space, greenways and park area requirements and projections component of this plan. We will also be examining other community master park plans. There is also the possibility that we may tour park and greenbelt areas of other communities for additional insight. At this time I would like you to digest this material. I ~ill be forwarding other materials to you over the next few weeks, pricr to our first meeting in September. Hopefully we c~'~ make the process an enjoyable one. PARK AND RECREATION PLAN In the following memorandum we will be reviewing the process as=ol~oosed to the product. Although the process of developing a long term comprehensive plan may seem quite tedious and intense, I know it is necessary to enable us to produce a professional quality document. In layman's terms what is a comprehensive community model? A Comprehensive Plan is a expression of the community objectiveness, needs and priorities as they refer to: 1. Leisure space 2. Services and programs 3. Facilities This document must also serve as a public guide in setting policy as it relates to the scope of, and quality of opportunities. The Woodbum Recreation and Parks Model will serve as an important element of the Woodbum City Comprehensive Plan. , The plan must not only address the current status and. needs of the community as it refers to leisure needs but also project long term needs. In projecting these needs we will be addressing policy that when adopted will: A. Offer recommendations and guidelines for discussion on the use and preservation of open space for leisure enjoyment. B. Make recommendations on the acquisition, development and management of both public and private facilities. Our plan will describe both the current use and non use of facilities, an~3roject from this data future needs in words, graphics and data. The comprehensive plan will not only survey those traditionally considered park and recreation areas, but also will include shopping centers, the Library, the Woodburn Berry Museum, the Settlemier House and Chemeketa community college. We will view the entire City as a recreation system instead of a set of isolated spaces and experiences. Only with a cooperative and community wide effort can we have a comprehensive plan representative of the entire community. As the City's Comprehensive Plan relates to the future character and development of a community, the Parks 'Model delineates a working model from the information and data available. As the City's Comprehensive Plan will concentrate on the overall relationship of open space and leisure.services as it relates to the environment and quality of lite, the Parks Model will concentrate on these relationships and translate them into specific sites to acquire or develop for leisure uses. The City's Comprehensive Plan concentrates on general concepts and goals for the social and physical development of the community. The Recreation and Parks model details community recreation needs with specitic recommendations for (land acquisition) (facility development) (maintenance) (leisure services and programs) and (financing). These components are not normally a part of a comprehensive plan. When completed our Woodbum Recreation and Parks Master Plan should complement Woodbum City's Comprehensive Plan. The completed document in coordination with the City's Comprehensive Plan will satisfy State and Federal requirements which are often stipulated when applying for government grants. The Recreation and Parks Model will also serve as a public presentation tool as well as being useful in applying for pdvate and corporate grants. However, the greatest value the plan will have will be the unification of the Department and the community in shadng of a clear vision of where Woodburn Recreation and Parks am now, where they are going and where they are going to be. MEMORANDUM TO: FROM: SUBJECT: DATE: Recreation and Parks Board Nevln Holly, Director Recreation and Parks Long Term Comprehensive Recreation and Parks Plan August 2, 1990 As discussed at our recent Recreation and Parks Board meeting of July 9, 1990 we will soon be venturing into an important and hopefully rewarding Departmental project, that being the creation of Woodbum Recreation and Parks Department Master Plan. It is critically important that we formulate such a document. There are several reasons a Department Master Plan is essential, not only in terms of current Departmental resource and usage, but also to insure a well orchestrated transitidn into a new decade. Woodbum is in the proCess of realizing substantial growth. Retail business and industrial growth are occurring at a consistent, if not rapid rate. Recent trends in housing in the greater Portland area indicate a surge in population has already occurred and is continuing to occur. The impact of this population surge has already been felt in communities just North of Woodbum, including a heavy population increase in the City of Wilsonville. Woodbum has now began to realize a modest population increase. West Woodbum has had a good sized housing subdivision occur with the development of Willowbrook Estates. Another similar project "Senecal~Estates" has broken ground. There are several other housing projects of modest size which have had initial approval fo~"development. It is imperative we prepare ourselves in terms of diverseabality to be able to meet the increase demands of a larger populous. Preparing a Parks Master Plan for Woodbum is truly a study in process. Anticipating the future needs of Woodburn is going to require a careful thought process as well as a certain degree of educated intuitiveness. The demographics of Woodburn are so unique that meeting the future needs of.general populous while providing for and protecting the needs of specific social and ethnic group will require a well conceived plan. There are several phases of establishing a Master Plan. I envision the process taking one year or possibly longer. It is my goal that the completed document will be incorporated into the City's Comprehensive plan and will serve as a guiding force for years to come. It may at times seem as if we are transcending our domain of concern during this process. However, modem planning thought in public Recreation and Parks realize the impact one agency has on another. For example we may not need to have any open space set aside when the same open space need is met by a 20 acre school site, or it may not be necessary to offer increased pool programming when aquatic needs are being met by another entity. We also will examine private and retail outlets which provides leisure experiences. Examining the total open space and leisure package the Community of Woodbum currently provides will allow us to determine what needs our agency must plan-for. The planning process you will be involved in may cross political obstacles as well as a certain level of dissent.' It is my feeling if we do not have open discussion and debate this document will not represent the community. Throughout this process I ask that you keep the promise that 'q4/e are preparing this document for over all good of the Community" prominent in your mind. We cannot let outside influences waiver from this stance. It may well be the final adopted plan will be somewhat different than the one we present, however we must stand firm in presenting a document we feel is an honest effort at providing for the overall public, good in terms of recreation and park needs for now and in the future. During the process of developing this document, public involvement at each stage is critical. Involvement of the general citizenry is extremely important. The completed document must be representative of the community. We must be careful as a.Board and as City Staff that citizen need and concerns are not viewed as simply lip service, and that the final document is not a super imposed staff production. There are certain processes that will insure we provide the community with a well informed and representative document. It is important we spend adequate time on each phase before proceeding to the next phase. Just as a planning document is ever changing and amending to current needs, the development of our document will evolve and change throughout its development process. /5-/5 In order to establish a logical and sequential effort of order, it is essential we follow some established methods in developing our Woodbum Recreation and Parks Master Plan. Although we are not locked into following any regimented process in developing a Master Plan, there are certain established processes and organizational patterns I recommend we follow, as outlined below. Ao PLAN FOR PLANNING: During this phase we clearly identify the end product we wish to complete. A detail of resources available will be established, personnel and finances available for this project will be established, and finally, time lines to establish the final product will be outlined. DEVELOPMENT OF A DATA INFORMATION SYSTEM: It essential that the necessary data be gathered in order to formulate a well founded document. There are four major purposes of the planning information: 1. To store and retrieve data 2. To generate summaries 3. To generate alternatives 4. To evaluate and synthesize alternatives In gathering the necessary data to produce this docume~'t, it is necessary that the information be comprehensive in scope and depth. It is also .necessary this information be well organized and easily accessible. Both the production and storage of the data and information will be made easier with the initiation of the City's new computer system as the information will need to be continually updated. Information gathered must be shared. By sharing information, I mean integrating the data with other data systems, both private and commercial. The gathering of information and developme~-of-data is extremely important in that to a great degree this will predicate how successful a long term document we develop. The development of this document transcends beyond the commons of municipality, and in terms of modern leisure planning, should in its end product truly be representative of a community wide leisure plan. ESTABLISHING GOALS: Planning will assist our Department in carrying us toward a goal, but is not a goal in "/tself'; Our ultimate planning document will only be as useful as the goals we are able to accomplish. Therefore, it is critical we develop soundly based goal systems. Our Woodburn Recreation and Parks Model will be synthesized by a strategy to achieve given goals and by the actual implementation of a service system. It is imperative that public input and involvement be paramount daring the goal setting phase. It is pointed out in planning texts that any plan that does not have public involvement during the goal setting exercise is likely to fail. Goals should reflect values the community members consider important. There are several methods we can utilize to insure public input in the goal development phase. You, as Recreation and Parks Board members will play a major role in projecting community needs. Other methods of assuring active community input are community brain storming sessions and community surveys; we can decide as a group the methods of input that are necessary to assure adequate community involvement during this p~ase. During the process of synthesizing the plan and goals into an achievable agenda, it is important that as many echelons of the community as possible have input into the process before the Woodburn City Council takes any actions in adopting the Woedbum Recreation and Parks Master Plan. During our goal setting exercise we will review pertinent information which relates to our ability to accomplish and set said goals. Some of the information we will be examining are; success of current and previous programs, budget funding capabilities and public relations. Information on our current situation will also be evaluated, which will include funding areas such as employee skills, competition, opportunities for joint ventures and our own Department's current public image. IMPLEMENTATION: The implementation phase occurs with the assumption that our agency goals are still valid, it is during this phase that, as a Board, we may feel plan adjustments are necessary. There are several occurrences that could affect our comprehensive plan to change its goals at the implementation phase, including change in political climate and changing values among community members. · Throughout the process of developing this document, it is critical we evaluate both the long and short term needs for Woodburn in terms of what will provide the gmat, est public good. I ask that we leave our personal leisure preference~ and agendas behind. I also ask that our decisions are based on rational approaches to community needs and not on political, or special interest programs. If we can present a document with a clear conscience that has attempted to blend long term community leisure needs in a practical and reasonable fashion, that will serve all of Woodbum residents and that will provide vision, then, we will have accomplished our goal. Introduction Describe objectives and scope of plan Define legal authority for federal/state programs Define agency responsible for preparation of plan Describe previous and future studies related to plan State assumptions and qualifications of plan Existing conditions Describe regional context of planning area Describe leisure behavior patterns of population Describe environmental characteristics of planning area Describe recreation problems and potentials of planning units Describe general character of planning units Recreation resources Classify resources and opportunities Inventory existing land, facilities, and programs Evaluate opportunities by planning unit Describe potential recreation resources/programs Evaluate design, access, and public s~fety Demond and ~me lmtterns Inventory time budgets of population Anahrze recreation use patterns by demographic groups Describe user preference/satisfaction Analyze causes for non-use of existing opportunities Describe problems of special populations Assess impact of nonresidents/tourists Assess impact of fees and charges on demand patterns Assess impact of access on use of facilities Figure 3. Components of a work program for a park and recreati~ pla~ Needs analysis Analyze demand-supply relationships Develop use concepts, principles, and design criteria Develop space, development, and program standards Describe deficiencies by planning unit Project needs by planning period and planning unit De~ribe public/private potentials to accommodate needs Goals, policies, and alternatives Describe existing goals, objectives, and policies Describe desirable goals, objectives, and policies Analyze alternative ways to achieve desirable goals Describe the implications of each alternative Recommend one alternative Describe social and environmental impact of alternative Implementation Describe public/private actions by project/planning unit ~chedule actions by time period, planning unit, responsibility Estimate benefits and costs of each project or program Relate costs to general and capital improvement budgets Describe needed financing Describe needed new legislation or responsibility Describe public participation to approve and implement plan Describe how, when, and who will revise plan Appendix Background studies Data and methodology Bibliography and sources Acknowledgments and credits Developing the ploanin~ proce~ strat~y Goal roazsessing and possible complete replanning Implementing and possible plan adjusting for the ~ information system Synthesizing plan Suboptimiz~ng the means of goal achievement Figure L Comprehensive recreational planning model DEPARTMENT OF RECREATION AND PARKS City of Woodburn 491 N. 3rd Street Woodbum, OR 97071 MEMORANDUM l~evin Holl~, Direotor Recreation ~nd Parks · err~ Wil~i~ms, Leimure ~upervimor August 22, 1990 TO: City Council through Mike Quinn, City Administrator FROM: Nevin Holly, Director of Recreation and Parks SUBJECT: Community Center/West Woodburn Site Discussion Several times over the past few years the possibility of the City of Woodburn acquiring the Nazarene Community Building from the Woodburn School District has been dis- cussed. Recent occurrences have once again made the subject surface. There is no question the site would be of value to the Woodburn Recreation and Parks Department, but the logistics of financially affording the facility, both in terms of initial outlay and in long term care have been a problem. Community need and possible viable options have prompted initial discussions to occur. The current Community Center is in a less than ideal location. There have, over a num- ber of years, been many complaints from neighbors ranging from loud noise to trash to problems related to traffic and parking. Because of the close proximity to homes in the neighborhood, there are many programs which we do not attempt to offer because of the impact we realize the event would have on the neighborhood. The West Woodburn site would be an ideal facility for many reasons. The site would remove the impact on imme- diate neighbors, as the site is recessed enough from homes which will make program- ming less obtrusive than the current site. This would open up the opportunity to offer larger programs and events. The kitchen facilities are excellent and the site would com- pliment the now developing West Woodburn Park. Recently we were contacted by Prentice Boyd who is the pastor of Grace Bible Church about the possibility of selling our current Community Center to his church. This contact prompted me to give Woodburn School District Superintendent Keith Robinson a call. I asked Mr. Robinson if there was any property that the City of'WOodburn owned which the School Distdct was interested. Mr. Robinson indicated the School Distdct was interested in the 5.09 acres the City of Woodburn owned located behind the High School. Mr Robinson further indicated a trade of the West Woodburn site for the acreage behind the High School was a possibility. It is my feeling that if a trade of properties can be negotiated, monies from the sale of the Community Center could be utilized to renovate the West Woodburn Commu- nity Center making the facility more energy efficient, roof repairs and creating a asphalt parking lot would be some of the renovation which would be necessary. Currently only a few general discussion have occurred. At this point I am going to request a meeting with Mr. Robinson and discuss some actual numbers as they relate to current appraisals and ascertain whether both public entities are ready to proceed with actual negotiations. If it appears, after my meeting with Mr. Robinson, there is a reasonable chance of such a transaction taking place the Recreation and Parks Department will come back to Council with a resolution authorizing the City to enter into negotiations. MEMO TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL MICHAEL QUINN, CITY ADMINISTRATOR AUGUST 24, 1990 NEW BUSINESS ITEM (COMPUTER SYSTEM LEASE/PURCHASE) I request your consideration of the equipment lease/purchase agreement with U.S. Bank for our computer installation as a new item consideration for the August 27th meeting. Due to my absence during vacation, this item was late in being received. I have reviewed the lease document and find no provisions to be unusual; and have made sure that in accordance with Oregon budget law, this lease is conditioned upon annual budget appropriation. The important item is to authorize by resolution the approval of the lease/- purchase plan and authorize the City Administrator to execute the documents and the attached exhibits as necessary. Exhibit I will be completed by our City Attorney, exhibit 2 will be completed upon project installation and acceptance of the equipment, exhibit 3 will be updated at time of project completion to include all hardware and applicable support, exhibit 4 is complete and exhibit 5 will be completed by our City Recorder. The principal amount of $178,173 will be issued September 15th by the bank in time for us to pay the majority of our hardware invoices and cabling support in September as planned. For a temporary period, any balance of unused funds can draw interest earnings and not be considered arbitrage bonds. With this bank financing, we will be able to accomplish the project and pay back the lease obligations within our current annual appropriation without increasing current tax resources. RECO~.IF1ENDATION: Approval of resolution. MEMORANDUM From: Date: Subject: Woodburn City Council; through City Administrator Jeff Pogolowitz, Housing Program Administrator August 24, 1990 Approval of Rental Rehabilitation Loan Funds for loan applicants. In September 1989, the City of Woodburn received a U.S. Department of Housing & Urban Development (HUD), Rental Rehabilitation Program (RRP) grant in the amount of $148,000. The RRP funds are to be loaned to rental owners who principally rent to low to moderate income families and who wish to make improvements to their property. Program regulation require that the city provide 0nl¥ one-half of the total ~nds necessary for the improvements to the property, with the balance of funds coming from the property owner. Other regulation prevent those owners who want to be their own general contractor from benefiting additionally by allowing only the costs for materials and the work undertaken by subcontractors to be reimbursed. Owners are also restricted to the amount of potential rent increases and the possibility of converting the units to condominium usage. Finally, the owners contribution will be placed into an escrow account and will be drawn down prior to any City funds being drawn. All loans are to be secured by a Trust Deed and repaid to the City on a monthly installment basis, after an initial deferment of the principal amount owed. All program income generated from the program will be applied to the Woodburn revolving loan fund and may be used for other forms of housing rehabilitation or revitalization. OVer'"-%'~ past year, the Housing Rehabilitation Program staff has developed a series of criteria to objectively determine the need for the assistance; requested applications from prospective property owners; and evaluated those applications submitted. On August 23rd the Woodburn Loan Review Committee met to review the applications and discuss the merits of each. The committee prioritized the projects and recommended that the following properties be approved for rehabilitation in the following order. (Please note: These are only estimated costs and the rehabilitation staff fully anticipates that the final costs will be lower than the estimates.) MEMO TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL MICHAEL QUINN, CITY ADMINISTRATOR AUGUST 24, 1990 NEW BUSINESS ITEM (COMPUTER SYSTEM LEASE/PURCHASE) I request your consideration of the equipment lease/purchase agreement with U.S. Bank for our computer installation as a new item consideration for the August 27th meeting. Due to my absence during vacation, this item was late in being received. I have reviewed the lease document and find no provisions to be unusual; and have made sure that in accordance with Oregon budget law, this lease is conditioned upon annual budget appropriation. The important item is to authorize by resolution the approval of the lease/- purchase plan and authorize the City Administrator to execute the documents and the attached exhibits as necessary. Exhibit i will be completed by our City Attorney, exhibit 2 will be completed upon project installation and acceptance of the equipment, exhibit 3 will be updated at time of project completion to include all hardware and applicable support, exhibit 4 is complete and exhibit 5 will be completed by our City Recorder. The principal amount of $178,173 will be issued September 15th by the bank in time for us to pay the majority of our hardware invoices and cabling support in September as planned. For a temporary period, any balance of unused funds can draw interest earnings and not be considered arbitrage bonds. With this bank financing, we will be able to accomplish the project and pay back the lease obligations within our current annual appropriation without increasing current tax resources. RECOMMENDATION: Approval of resolution. COUNCIL BILL NO. 1249 RESOLUTION NO. A RESOLUTION APPROVING THE EQUIPHENT LEASE/PURCHASE AGREENENT WHEREBY UNITED STATES NATIONAL BANK OF OREGON LEASE/PURCHASES CERTAIN EQUIPHENT TO THE CITY OF WOODBURN, OREGON; AND AUTHORIZING THE OFFICERS OF THE CITY TO EXECUTE THE EOUIPNENT LEASE/PURCHASE AGREEMENT AND SUCH OTHER DOCUHENTS AND CERTIFI- CATES AS NAY BE NECESSARY TO CARRY OUT THE TRANSACTIONS CONTENPLATED BY THE AFOREMENTIONED AGREEMENT. WHEREAS, the City of Woodburn, Oregon (City) is authorized pursuant to the laws of the State of Oregon to lease/purchase personal property; and WHEREAS, the City desires to lease/purchase the personal property set forth in exhibit 3 of the hereinafter defined Equipment Lease/Purchase Agreement (the "Equipment"); and WHEREAS, to accomplish the lease/purchasing of the Equipment, the City as lessee will enter into an Equipment Lease/Purchase Agreement dated August 27, 1990, with Untied States National Bank of Oregon as lessor (the "Lessor") (the "Lease/Purchase Agreement" being attached hereto as Exhibit A); NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Approval of Lease/Purchase Plan. The Equipment Lease/ Purchase Agreement is hereby approved in substantially the form submitted to and reviewed by the City, and as attached hereto, with such changes therein as shall be approved by the representative of the City executing said docu- ments, and representative's execution thereof to be conclusive evidence of said representative's approval. The City Administrator or his designee is hereby authorized and directed to execute and deliver the Equipment Lease/Purchase Agreement on behalf of and as the act and deed of the City. 'The City Recorder or such other officer or official of the City to the extent deemed necessary and appropriate, is authorized to attest the Equipment Lease/Purchase Agreement. Page I - Council Bill No. 1249 RESOLUTION NO. Section 2. Further Authority. The City shall, and the officers and agents of the City are hereby authorized and directed to take such action, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this resoltuion and to carry out, comply with and perform the duties of the City with respect to the Equipment Lease/Purchase Agreement approved by this resolution. Section 3. Effective Date. This resolution shall take effect and be in full force and effect from and after its passage and approval. Approved as to form: City Attorney Date APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Mayor ATTEST: Mary'E. Tennent, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1249 RESOLUTION NO. EQUIPMEHT LEASE/PURCHASE AGREEMENT Equipment Lease/Purchase Agreement (the "Agreement') dated a~ of August 27, 1990, and entered Into between United States National Bank of Oregon, a national banking association with Pm principal office In the State of Oregon ("~r"), and the City of Woodbum, Marion County, Oregon, a body corporate and politic exLsting under the laws of the State of Oregon ('Lessee"). WITNESETH: WHEREAS, ~ desires to le~se the Equipment, ~s berelnafter de~.rlbed, to Lessee and Lesaee desires to lesse the Equipment from ~___,~o_ r subject to the terms and conclltions of and for the purpos~ eet forth In thta Agreement; and WHEREAS, lessee ia authorized under Its Charter and the iawl of the State of Oregon to enter Into this Agreement for the puq)oses set forth herein; NOW, THEREFORE, for and In consideration of the premtses hereinafter contained, the parties hereby agree as follows: ARTICLE I Section 1.01. Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor and any Registered Owners (as hereinafter defined) as follows: (a) Lessee Is a public body coq)orate and politic duly organized and existing under the constitution and laws of the State of Oregon with full power and authority to enter into this Agreement and the transaction contemplated hereby and to perform all of Its obligations hereunder. (b) Lessee will do or cause to be done all things nece_~_~a_ry to preserve and keep in full force and effect Its existence as a body corporate and po#tic. (c) Lessee has been duly authorized to execute and clellver thts Agreement by proper action by Its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred In order to ensure the validity and enforceability of this Agreement and Lessee ha~ comp#ed with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder. Lessee shall cause to be executed an opinion of counsel In substantially the form attached hereto as Exhibit 1. (d) During the Lease Term, the Equipment will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functlona of Lessee consistent with the permissible scope of Lessee's authority. (e) Lessee will annually provide Lessor with current financial statements, budgets, proof of approprlaUon for the ensuing budget year and such other financial Information relating to the ability of Lessee to continue this Agreement as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), Including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or In effect, In order to maintain the excludability from gross Income for federal Income tax purposes of Ute Interest component of Rental Payments. (g) Lessee covenants and agrees that It will use the proceeds of the Agreement as soon as practicable and with all reasonable dispatch for the purpose for which the Agreement has been entered Into, and that no pert of the proceeds of the Agreement shall be Invested In any securities, obllgaUons or othe~ Investments except for the temporary period pending such use nor used, at any time, directly or Inclirectiy, In a manner which, If such use had been reasonably anUcipated on the date of Issuance of the Agreement, would have caused any portion of the Agreement to be or become 'arbitrage bonds" within the meaning of Section 103(bX2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or In effect at the time of such use and applicable to obligations Issued on the date of issuance of the Agreement. (h) Lessee hereby designates the Agreement as "qualified tax-exempt obligations" as defined in S~ction 265(bX3XB) of the Code. The Lessee reasonably anticipates to issue qualified tax-exempt obllgationa (excluding private activity bonds other ttmn qualified 501(cX3) bonds and Including all tax-exempt 0) obligations of ~d)ordlnate anti'des of ~_e__~ee), during the calendar year 1990 In an amount not excoedlng St 0,000,000. Lessee represents and warrants that (I) It IS a governmental unIt under the law of the State of Oregon with general taxing power.. (11) the Agreement is not · private activity bond ea defined In Sec~on 141 of the Code, (ill) 95% or more of the net proceeds of the Agreement will be used for local government acUvitlse of the Lessee and (Iv) the aggregate face amount of ell tax-exempt obllgation~ (other than private activity bonds) Issued by the L-,~__~ea (and all subordinate entitiee thereof) during the calendar year 1990 la not reasonably expected to exceed $5,000,000. ARTICLE II Section 2.01. Definitions. The following terms will have the meanlng~ Indicated below unl~ the ~ontsxt cieady requires othen~lse: "Agent" means any agent for the Registered Owner,, If any, to which ~11 or a portion of L_-_~_*~x's dght, tltie and Interest In, to and under the Lease and the Equipment may be assigned for the benefit of the Registered Owners. "Agreement" means this Equipment Lease/Purchase Agreement, Including the Exhibits attached hereto. "Commencement Date" is the date when the term of this Agreement and Lessee's obligation to pay rent commences, which date shall be the date on which the Equipment is accepted by Lessee es Indicated In Exhibit 2 hereto or the date on which sufficient moneys to purchase the Equipment are deposIted for that purpose with an escrow agent under an Escrow Agreement or Into an account mutually agreed upon by Lessor and Lessee, whichever IS earlier. "Equipment' means the property described in Exhibit 3 and all replacements, repairs, restoraUons, modificaUons and Improvements thereof or thereto made pursuant to Section 8.01 or ArUcle IX. 'Lease Participation Certificates' means cerUficates evidencing a right to receive a pro rata share of Rental Payments and Purchase Price Payments. "Lease Term" means the Original Term and all Renewal Terms. "Lessee" means the entity described as such In the first paragraph of thla Agreement, Its successors and assigns. Its assigns. 'Lessor" means the entity described as such In the first paragraph of this Agreement, Its successors and "Original Term" mesns the period from the Commencement Date until the end of the budget year of Lessee In effect at the Commencement Date. 'Purchase Price' means the amount that Lessee may, In Its discretion, pay to L-___,_,_,_,_,_,_,_,_-~ to purchase the Equipment, as set forth In Section 11.01. 'Registered Owners" means the registered owners of Lease Participation Certiticatea as shown on the reglstraUon books maintained by the Agent. 'Renewal Terms" means the renewal terms of this Agreement, each having · duration of one year and a term coextensive with Lessse's budget year. "Rental Payments" means the basic rental payments payable by I_e_~_~ee pursuant to At, cie VI. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessor purchased or Is purchasing the Equipment. ARTICLE III Section 3.01. Lease of Equipment. Lessor hereby demises, leases and lets to lessee, and Le_-_~se rents, leases and hires from Lessor, the Equipment In accordance with this Agreement, for the Lease Tenn. The Lease Term may be continued solely at the opUon of Lessee, at the end of the Original Term or any Renewal Term for an addlUonal Renewal Term up to the maximum Lease Term set forth In Exhibit 4 hereto. At the end of the Original Term and at the end of each Renewal Term until Page 2 - EQUIPMENT LEASE/PURCHASE AGREEMENT f :~9~2087006'deasesm.agt the maximum Lease Ten. has been completed, ~____,~e .hall be deemed to have esercleed Its option to continue thla Agreement fQt the next Renewal Term unles~ Lessee shall have tetminatsd thla Agreement pursuant to Section 3.03 or Section 11.01. The terms er~ conditions during any Renewal Term shall be the same -~ the terms and conditions during the Original Tenn, except that the Rental Payments shall be as provided on Exhibit 4 hereto. Section 3.02. Continuation of Lease Term. Lessee Intends, subject to Section 3.03, to continue the Lease Term through the Orlgirml Term :,nd all Renewal Terms and to pay the Rental Payments hereunder. Lessee reasonably believes that legally available funds In an amount sufficient to make ali Rental Payments during the entire Lease Term can be obtalne(L Lessee further Intends to do all things lawfully within Its power to obtsln and maintain funde from which the Rental Payments may be made, Including making prov~lon for such payments to the extent necessary In each budget or approprtstion request approved and to exhaust all available reviews and appeals In the event such portion of the budget or appropriation request Is not approved. Section 3.03. NonappropHat~on. lessee Is obll~ttsd only to pay such Rental Payments under thla Agreement as may be ~vfully made from f. nde budgstsd and appropriated for that puq3o~ during L~asee'e then current budget year. Should Lasses fall to budget opproprlats or othenvlae make available funds to pay Rental Payments following the then current Original Term of Renewal Term, thla Agreement shah be deemed termlnatsd at the end of the then current OHginal Tenn or Renewal Term. Le~-~ee agrees to deriver notice to Le_~_~N· of ~uch termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give m~ch notice sheil not extend the term beyond such Original Term or Renewal Term. If this Agreement la terminated In accordance with thla Section, L-__=_-ee agres~ to peaceably deilver the Equipment to Lessor at such place In the State of Oregon as Lessor shall deslgrmte and Le~__--or shall dispose of the Equipment pursuant to the procedures and Ilmltstions set for~ In Section 13.021b), accounting for any surplus to the ARTICLE IV Section 4.01. Delivery, Installation and Acceptance of Equipment. Lessee shall order the Equipment, shall cause the Equipment to be delivered and Installed at the location specified on Exhibit 3 to this Agreement and shall pay all delivery and Installation costs, If any, In connecOon therewith. To Ute extent moneys a~e deposited under an Escrow Agreement for the acquisition of the Equipment, such moneys shall be disbursed aa provided therein. When the Equipment la deilvered, Installed and accepted as to Leesee's specifications, Lessee shall Immediately accept the Equipment and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially In the form attached hereto am Exhibit 2. ARTICLE V Section 5.01. Enloyment of Equipment. Lessor shall provide Lessee during the Lease Term ~ quiet use and enloyment of the Equipment, and Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Equipment, without suit, t~ouble or hindrance from Lessor, except aa expressly sat forth In this Agreement. Any Registered Owner shall not Inter/ere with such quiet use and enloyment during the Lease Term su long u Lessee Is not In default under this Agreement. Section 5.02. Location: Inspection. Once Installed, the Equipment will not be moved from the location specified In Exhibit 3 to the Lease without Lessor'a consent, which shall not be unreasonably withheld. Lessor shall have the right at all rsasunable times during business hours to enter Into and upon the property of Le_~_~ee for the purpose of Inspecting the Equipment ARTICLE VI Section 6.01. Rental Payments to Constitute a Current Expense of Lessee. Le_~_~or and Lessee understand and Intend that the obllgaUon of Le_e.-_~ to pay Rental Payments hereunder shall constitute ! current expees~ of Lessee and shall not In any way be construed to be a debt of Lessee In contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of Indshtedne~s'by Lessee, nor shall anything contained herein consUtute a pledge of the general tax revenues, funds or moneys of Lessee. Section 6.02. Payment of Rental Payments. Le_~_~ee shall promptly pay Rental Payments, exclusively from legally available funds, In lawful money of the United States of America to Lessor In such amounts and on such dates as described In Exhibit 4 hereto. Lessee shall pay lessor a charge on any delinquent Rental Payment at the rate of 12% per annum or the maximum amount permitted by law, whichever la less. Section 6.03. Interest Component. A portion of each Rental Payment Is paid u, and represents payment of, Interest, and Exhibit 4 hereto sets forth the Interest component of each Rental Payment during the Lease Term. Page 3 - EQUIPMEHT LEASE/PURCHASE AGREEMENT f:~9~2087006~easesm.agt Section 8.04. Advances. In the event Lessee shall fall to either maintain ti~ Insurance required by thl~ Agreement or keep the Equipment In good repair and worldng order, L_*~or_ may, but ~hali be under no o~flon to, purchase the required Insurance and pay the cost of the premiums thereof and maintain and repair the Equipment and pay the cost thereof. All amounts 8o advanced by Lessor shall constitute additional rent for the Lease Term and shall be due and payable on the next rental payment date and Lessee covenants and agrees to pay such amounts eo advanced by Lessor with Interest thereon from the date such amounts are advanced until paid at the rats of 12% per annum or the maximum amount permitted by law, whichever Is Section 9.01. Damage, Destruction and Condemnation. If (e) the Equipment or any port]on thereof I~ destroyed, In whole or In part, or is damaged by fire or other casualty or Co) title to, or the tsmporaty use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or coqx)ratlon acting pursuant to governmental authority, Leeeee and L_,~)r_ will cause the Net Proceeds of any Insurance claim, condemna~ton award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or Improvement of the Equipment, unless Lessee aha# have exercised Its option to purchase the Equipment by making payment of the Purchase Price as provided herein. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to L-__~_~e~__. For purposes of Section 8.03 and this Article, the term "Net Proceeds' shall mean the amount remaining from the gross proceeds of any Insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, Including attorneys' fees, Incurred In the collection thereof. Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are Insufficient to pay In full the cost of any ropalr, restoration, modification or Improvement referred to In Section 9.01, Lessee shall either (a) complete such replacement, ropalr, restoration, modification or Improvement and pay any costs thereof In excesa of the amount of the Net Proceeds and, If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitied to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article VI, or (b) purchase Lessor's Interest In the Equipment pursuant to Section 11.0t by paying the then applicable Purchase Price. The amount of the Net Proceeds, If any, remaining after completing such repair, restoration, modification or Improvement or after paying the then applicable Purchase Price may be retained by Lessee. ARTICLE X Section 10.01. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABIETY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. In no event shall Lessor be liable for any Incidental, Indirect, special or consequential damage In connection with or arising out of this Agreement or the existence, furnlshln~ functioning or Lessee's use of any Item, product or service provided for In thla Agreement. Section 10.02. Vendor's Warranties. Lessor hereby Irrevocably appoints Lessee Its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be In default hereunder, to assert from Ume to time whatever claims and rights (Including wtthout limitation warranties) related to the Equipment that Lessor may have against the Vendor. ~_e_~_~ee'8 sole remedy for the breach of such warranty, Indemnification or representation shall be against the Vendor of the Equipment, and not against Lessor, nor shall such matter have any effect whatsoever on the Hghts and obligations of L_4~__,~or with respect to this Lease, Including fl~e right to receive full and timely payments hereunder. I_e_~_~ee expre_~_.dy acknowledges that Lessor makes, and has made, no representations or warranties whatsoever aa to the existence or the availability of such warranties of the Vendor of the Equipment. Section 10.03. Use of the Equipment. Lessee will not Install, use, operate or maintain the Equipment Improperly, carelessly, in vlolaUon of any applicable law or In a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and Ilcensss, If any, nece_,~_-,e_ry for the Installation and opera,on of the Equipment- In addition, Lessee agrees to comply In all respects with all laws of the iurisdlotion In which Its operations Involving any Item of Equipment may extend and any legislative, executive, administrative or ludlclal body exercising any power Or lurisdlction over the Items of the Equipment; I~ovIded that L*~__~ee may contest In good faith the validity or application of any such law or rule In any reasonable manner that does not, In the opinion of Lessor, adversely affect the Interest of Le_~or In and to the Equipment or Its Interest or rights under this Agreement- ARTICLE Xl Section 11.01. Purchase Option. Lessee shall have the option to purchase I__e_~_~or's Interest In the Equipment, upon giving written notice to Lessor at least sixty (60) days before the time of purchase, at the following times and upon the Page 5 - EQUIPMENT LEASE/PURCHASE AGREEMENT f :\9\92087006~Jessesm.agt On the last day of the Original Term, or any Renewal Term then In effect, upon payment In full of the Rental Payments then due hereunder plus the then applicable Purchase Price plus payment of One (1) Dollar to In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment on the day specified In Leseea'e noUce to Lessor of Its exercise of the purchase option, upon payment In full of the Rental Payments then due hereunder plus the then applicable Purchase Price to Lessor. ARTICLE Xll Section 12.01. Assignment by Le_-_~or. LeasoCe right, ~tie and Interest In, to and under this Agreement and the Equipment maybe assigned and reassigned In whole or In part to one or more asslgnm or ~ by Le__a~or and, to the extent of their Interest, by any Registered Owner, without ~ neces~ty of obtaining the consent of I.e~4~; provided that (I) any assignment, other than an assignment to or by · Registered Owner, shall not be effective until Lessee h~ received written notice, signed by the assignor, of the nam, addrm and tax Identlifcation number of the assignee, and (11) any assignment to or by a Registered Owner shall not be effect]v· until It IS registered on the registration books kept by the Agent. Lessee shall rstaln all such notices as a register of MI a~dgnses (other than Registered Owners) and shall make all payments to the essignes or assign·as designated In ~uch register or, In the case of Registered Owners, to the Agent. Lease Participation Certificates may be executed and delivered by the Agent to Registered Owners, if any. L _-~_ _*~,~e agrees to execute all documents, Including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assigns· to protect Its Interests In the Equipment and In this Agreement. Lessee shall not have the Hght to and shall not assert against any assigns· or Registered Owner any claim, counterclaim or other right lessee may have against Lessor. S~ction 12.02. Assignment and Subleaslnq by Lessee. None of Le_~ee's right, ti~e and Interest In, to and under this Agreement and In the Equipment may be assigned or encumbered by Lessee for any reason; except that Lessee may sublease all or part of the Equipment if Lessee obtains the prior written consent of Lessor and an opinion of counsel satisfactory to Lessor that such sublesslng will not adversely affect the exemption of the Interest components of the Rental Payments from federal Income taxation. Any such sublease of all or part of the Equipment shall be subject to this Agreement and the rights of the Lessor In, to and under this Agreement and the Equipment. Section 12.03. Release and IndemnlflcatJon Covenants. To the extent permitted by the law, Lessee shall Indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses In connecUon therewith, Including, without IimltatJon, counsel fees and expenses, penalties and Interest arising out of or aa the result of the entering Into of this Agree·ant, the ownership of any Item of the Equipment, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any Item of the Equipment or any accident In connection with the operation, use, condition, posse·sion, storage or return of any Item of the Equipment resulting in damage to property or Injury to or death to any person. The Indemnification arising under this paragraph shall continue In full force and effect notwtthstsndlng the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. ARTICLE Xlll Section 13.01. Events of Default Defined. Subject to the provisions of Section 3.03, any of the following shall constitute an 'Event of Default" under this Agreement: (a) Failure by L_a_~_~ea to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein; (c) Failure by L_-~__~ee to observe and perform any covenant, condition or agreement on Its part to be observed or performed, other than as referred to In subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that It be remedied Is given to Lessee by Lessor, unless Lessor shall agree In writing to an extension of such time pdor to Its explraUon; provided that, If the fallurs stated In the notice cannot be corrected within the applicable perlod, Lessor will not unreasonably withhold Its consent ~o an extension of such time If corrective action la Instituted by Lessee within the applicable p~rlod and dlllgentiy pursued until the default la corrected; Any statement, representation or warranty made by Le__*~ee In or pursuant to this Lease or Its execution, delivery or performance shall prove to have been false, Incorrect, misleading or breached In any material respect on the data when made; Page 6 - EQUIPMENT LEASE/PURCHASE AGREEMENT f:Lg~)2087006~easesm.agt (d) Inability generally to pay Its debt~ a4 they I)e(x)me ~ (Iii) make · general _-_-~_gnment for the b~neflt of credltom, (iv) have an order for relief entered agalnat It under applicable federal bankruptcy law, or (v) file · volunbr~ peb'Uon In bankruptcy or a p~UUon oran ~mw~' ~dng r~xganlzJUon or,ri airrangement with creclltorl or taking advantage of any Insolvency law or any answe~ admitting the material Mlegat]on~ of · petWon filed against l____,Je~,ee In any bankruptcy, reorganlzaUon or Insolvency proceeding; or (e) · n order, Jud~ or de~ree shall b~ entered by any court of oompetent JurlKgctJon, approving a petition or appoinUng · receiver, trustee, cu~to(gan or liquidator M Lessee or of all or · ~ubstantJal part of the de~ee 8hall continue unatayed and In effECt for amy pedod of 30 consecuUve day&. Section 13.02. Remedies on Default. Whenever any Event of [)~fault eodsta~ ~ shall have the right, at Its sole option wtlhout any further demand or notice, to take one or any (x)mbinatJon of the following remedial etep.: (~) By written noUce to Lessee, Lessor may declare all Rental Payments and other amounts payable by hereunder to the end of the then current Original Term c~ Renewal TeEm to be due, Including without IlmltaUon delinquent rental payments from prior budget yearn; Page 7 - EQUIPMENT LEASE/PURCHASE AGREEMENT f.~9\92087006~leasesm.agt (c) Lessor may take whatever action at law or In eclulty necessary or desirable to enforce It· rlghto In the Equipment and under this Agreement; provided that no deficiency ah·Il be allowed against Lemme. SectJon 13.03. No Remedy Exclusive. No remedy herein conferred upon or remrved to Lessor b Intended to be exclusive and evmy such remedy shall be cumulaUve and sit·Il be In addiUon to every other remedy given under thla La·se now or hereafter exlsUng st law or In equity. No delay or omi·sion to exercise any right or power ecorulng upon any default shall Impair any such right or power or shall be conabued to be · waiver thereof, but any such right or power may be exercised from time to time and am often aa may be deemed expedleof. In order to enUUe I_~_~or to exercise any remedy reserved to It In thla ArUcle It shall not be necessary to give any noUce, other than much notice aa may be required In thla ARTICLE XlV SectJon 14.01. Notices. All notices, certlflcatse or other communlcaUons hereunder shall be sufflclenUy given and shall be deemed given when delivered or mailed by registered mall, postage prepaid, to the parties hereto at the addresses Immediately after the signatures to this Agreement (or mt such other eddres8 aa eithor party hereto shall designate In writing to the other for notices to such party), to any assignee (other than a Registered Owner) at Its address u It appears on the registration books maintained by Lessee and to any Registered Owner at Its addr_-_*~_ as It appears on the registration books maintained by the Agent. Section 14.02. CertlflcaUon as to Arbitrage. Lessee hereby represents aa follows: (a) The esUmated total costs of the Equipment will not be l~_~s_ than the total principal amount of the Rental Payments. (b) The Equipment ha8 been ordered or 18 expE~ed to be ordered within 8Ix monUm and the Equipment la expected to be delivered and Installed, and the Vendor fully pakJ, within three year, from the Commencement Date. (c) Le_~_~ee has not created or established, and does not expect to create or establish, any 81nldng fund or other similar fund (I) that is reasonably expected to be used to pay the Rental Payments, or (11) that may be used solely to prevent a default in the payment of Ute Rental Payments. (d) The Equipment has not been and 18 not expected to be sold or otherwise disposed of by Lessee, either In whole or In major part, prior to the last maturity of the Rental Payments. (e) To the best of our knowledge, InformaUon and belief, the above expectaUons are reasonabi~ Lessee has not been noUfled of any IisUng or proposed IisUng of It by the Internal Revenue Service as an Issuer whose arbitrage certificates may not be relied upon. Section 14.03. Binding Effect. This Agreement shall Inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. SecUon 14.t)4. Severablllty. In the event any provision of thla Agreement shall be held Invalid or unenforceable by any court of competent JurlsdlcUon, such holding shall not Invalidate or render unenforceable any other provision hereof. Section 14.05. Amendments, Changes and ModlflcaUons. This Agreement may be amended by Lessor and Lessee; provided ttmt no amendment that affects Ute rights of the Registered Owners shall be effective unless It shall have been consented to by ibc Registered Owners of · majority, In principal/mount, of the lease ParUcipaflon Certificates, ff/ny, then outstanding. Section 14.06. Execution In Counterparts. This Agreement may be simultaneously executed In several counterparts, each of which shall be an original and all of which shall consUtute but one and the same Instrument. Section 14.07. Applicable Law. This Agreement shall be goverrmd by and constzued In accordance with the laws of the State of Oregon. Section 14.08. CapUons. The captions or headings In this Agreement are for convenience only and In no way define, limIt or describe the scope or Intent of any provisions or ·action8 of this Agreement. Pmtm Ji - F[~i IIPUFMT I FA-~JC/PlJR[".J. IA.~J: A~RFFJUIFMT ,~. IN WITNESS WHEREOF, L4ssor and Lessee have caused this Agreement to be executed In their name~ by their duly au~odzed representatJve, as of the date fl~t above written. UNITED STATES NATIONAL BANK OF OREGON CITY OF WOOOBURN, OREGON Public Rnance Department T-10 P.O. Box 4412 City Administrator Attast: 270 Montgomery Street Wooc~um, Oregon 97071 Recorder EXHIBIT 1 SPECIAL COUNSEL'S OPINION [Letterhead of Special Counsel] [Date] CRy of Woo(bum 270 Mon~ Sheet Wcxxl)um, Oregon 97071 United State~ National Bank of Oregon Public Finance Department T-10 P. O. Box 4412 Portland, Oregon 97208 Re: Equipment Lasse/Purchase Agreement dated as of August 27, 1990, between United States HaUonal Bank of Oregon, as Lessor, and City of Woodbum, Marion County, Oregon, as Lessee. Ladles and Gentlemen: As legal counsel to City of Woodbum, Marion County, Oregon (the "Leesee'~ I have examined (1) an executed counterpart of a certain Equipment Lease/Purchase Agreement, Including the Exhlblte attached thereto or forms of Exhibits to be attached thereto, (the "Agreement") dated August 27, 1990, by and between the United States National Bank of Oregon, a national banldng association with Its principal office In the State of Oregon, as Lessor, and Lessee, which, among other things, provides for the lease to with an option to purchase by the ~_~_~_-ee of certain property (the 'Equipment"), (2) an executed counterpart of the resolution of ~_e_ _*~ee which, among other things, authorizes Lessee to execute the Agreement and (3) such other opinions, documents and matters of law as I have deemed necessary In connection with the following opinions. Based on the foregoing, I am of the following opinions: (1) Lessee ia a public body corporate and politic, duly organized and existing under the laws of the State of Oregon, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power; (2) Lessee has the requisite power and authority to lease with an option to purchase the Equipment and to execute, deliver the Agreement and perform Its obligations under the Agreement; (3) The Agreement and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee and the Agreement Is a valid and binding obligation of Lessee enforceable In accordance with Its terms; (4) The authorization, approval and execution of the Agreement and all other proceedings of Lessee relating to the transacltona contemplated thereby have been performed In accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and (5) There Is no proceeding pending or threatened In any court or before any governmental authority or arbitration board or tribunal that, If adversely detarmlned, would adversely affect the transactions contemplated by the Agreement or the security Interest of Lessor or Its assigns, as the case may be, In the Equipment. Respectfully submitted, Pace 10 - EQUIPMENT LEASE/PURCHASEAGFIFEMENT EXHIBIT 2 ACCEPTANCE CERTIFICATE United States NaUonal Bank of Oregon Public Finance Department T-10 P.O. Box 4412 Portland, Oregon 97208 Re: Equipment ~urchase Agreement dated as of August 27, 1990, b~tween United State~ National Bank Ladles and Gentlemen: In accordance with the above-referenced LassWPurdmse Agreement (the 'Agreement"), the undersigned ('lessee") hereby cerlJfles and represents to, and agrees with, United State~ NaBonal Bank of Oregon ("L,~__ _~w") as follow~: (1) The Equipment, as such terms are defined In the Agreement, has been acquired, made, delivered, Installed and accepted on Ute date Indicated below. (2) Lessee has conducted such InspecUon and/or testJng of the Equipment as R deems necessary and appropriate and hereby acknowledges that It accepts the Equipment for all puq3oses. (3) Lessee Is cun'entiy maintaining the Insurance coverage required by Section 8.03 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or beth, would constitute, an Event of Default (as such term Is defined In the Agreement) exists at the date hereof. CRy of Woodbum, Oregon as Lessee Page 11 - EQUIPMENT LEASE/PURCHASE AGREEMENT f :ggL92087006~]easesm~gt EXHIBIT EQUIVMENT DESCfllPTiON Re: Equipment Lasee/Purchase Agreement, dated as of August 27,1990, between Unltad States National Bank of Oregon, as Lessor and City of Woo~um, Oregon, as Lessee. 1 2 2 5 The Equipment Is as follows: PROOUCT NOjOESCRIPTIOI( 4750200923 MAX 4 SURGE W/NOISE 3700117925 ETHERUNK II 425179580 V9600 EXT V.42 43OO434552400 EXT. SERIAL NO. UNIT PRICI~ AMOUNT AO9731O9337g A15531983O99 AO9731083337 AO9731083384 217.49 434.98 744.95 1489.90 179.00 895.00 7 1 13 1 21 12 3 $ 1 4 7 12 1 1 1 1 1 11 1 1 1 2OOO1784 MODEM F/M 9FT. 135O238964 EPSON DFX-80O9 1300169961 IBM PROPRINTER III 1360201970 IBM LASERPfllHTER 1350169953 IBM PRO-PRINTER III XL 1410201913 LP 2ND DRAWER 20001768 PAR,&I i ;:l TO IBM 6FT 2900202630 WORDPERFECT NODE EXT V5.1 2900202655 WORDPERFECT V5.1 3.5 29~50202515 WORKS PC V2.0 3.5 5300201921 LP 2M8 MEM UPGRADE ~ WPP OFFICE 3.0 5PK 3850238311 WP OFFICE PC 3.0 2950202531 WORKS PC V2.0 NODE 1050223834 IBM MDB0 320MB 25MH 215096412 IBM SYS2 MONO DSPLY 335096453 IBM DOS V.3.3 475058792 1000VA BAI-[ERY BKUP 2000188268 NTWRE 286 CBL 9 PiN 445O54825 DISK 3J DSDO BI_ND 3800175646 NTWRE ADV V2.15 3.5 208561 SERV INST LEV B SC 245O18509O FS2100 2GB 0VZ0000982 0923F44O9114127558 09231=4400114127526 O923F44O9114127533 O923F4400114127547 0923F4400114127507 O923F4400114127508 09231=4400114127519 O923F4400114127524 0923F4400114127534 O923F4400114127565 09231:4400114127580 0923F4400114127518 0923F4400114127522 091038000110019949 091038O90110059473 091038000110024798 09103800011O959476 0923F5000113027100 O923F5O90113027180 O923F5000113027175 983546g FS21T004 $23.45 $154.15 2,589.30 2,589.30 383.36 4,983.68 $1,532.80 $6,131.26 .36 $1,534.08 $255.36 $255.36 28.77 604.17 143.61 1,723.32 153.25 459.75 116.99 584.95 575.36 575.36 194.30 730.10 8,444.80 8,444.80 181.12 181.12 87.68 87.68 801.56 801.56 74.00 74.O9 18.O9 198.00 495.00 495.00 4,673.37 4,673.37 Page 12 - EQUIPMENT LEASE/PURCHASE AGREEMEHT f:~9~92087006~easesm~91 1 1 2 1 27' PRODUCT NO./DESCRIPTION 4450 191221 MNTN 2GB TAPE 5PACK 1850185116 FS2100 HOST ADP/A 4000193870 NTWRE AHYWARE 3830195867 LANSP(X)t. 1050182568 IBM PS2 MD55SX 30MB 24 215096412 IBM SYS2 MONO DISPLAY 229096420 IBM SYS2 Ct.R MON12 27 3350964.53 IBM DOS V.3.3 190098186 IBM SYS 2 MOUSE ..... Pa~e 13 - EQUIPMEHT LEASE/PURCHASE AGREEMENT 938555031789014765 938555031789013~18 9~_ _r-~_ _r,.03178 9O 14S26 9385S5031789O14S69 ~_r.-$_r~31789o14718 938555031789014767 _93-'~_ _ _r,031789014804 938555031789014841 938~__ ~_r,031789O 14653 938555031789015024 93~_ 5-$5031789O15060 93855503 t 789015088 938555031789014548 938555031789014598 9'._u_t_ _r--~_r4)31789O 14720 938555031789014819 93~_ ~_r,5031789O15018 938555031789015025 _g~u_t-_ ~5-_r~031789O 15073 93-~_ ~_r.031789015105 9¢~-'_~_ _r.-~5031789O 15111 938555O31789O15126 938555031789015132 938555031789015115 93~_ _~_r~031789015131 O98503OO172O83O823 098503001720830827 098503001720830829 0985030017'20830831 O98503OO17'2O830833 098503001~ O985O3OO172O83O837 ~1720830829 098503001720830824 09O5039O1~2 098503001720830867 098503001720830870 9385130012323HNV34 _ _~--_ 5130012323HPC80 9385130012323HPB38 UNIT PRICE $19O.9O 471.00 288.3S 312.65 2,492.80 $18t.t2 $87.67 64.64 $19O.9O 471.00 576.70 312.65 67,305.60 $1,482.24 $2,367.36 1,745.28 0UAaTrr( 27 28 PRODUCT NOJDESCRIPTION 4750200923 MAX 4 SURGE W~IOISE 3700110643 ETHERUNK/A SERIAL NO. UNIT PRICE 312.05 AMOUNT $1,682.10 8,737.40 EQUIPMENT LOCATION Department PC System Dot Matrix Printer Laser Printer Aclmln~.egal 3 I (n) 1 Flnanoe ~ * I (c) ~ (n) ~ (w) ~ Court :2 ~ (n) 1 (w) ~ Po#ce 4 3 (n) ! (w) I (ex]sUng) Public Works 3 * I (c) I (n) 1 D~spatch ~ ~ (n) Water I 1 (n) WWTe ~ ~ (n) Street 1 1 (n) Ubrary t ~ (n) Parks ~. ~ (¢) t (n) t___ Total 27 16 5 (c) color monitor (n) narrow dot matrix carrlge (w) vvlde dot matrix carrlge Page 14 - EQUIPMENT LEASE/PURCHASE AGREEMENT EXHIBIT ~, pAyMENT SCHEDULE Equipment Lease/Purchase Agreement, dated aa of August 27, lggO, between United Statse National Bank of Oregon, as Lessor and CRy of Woocl3urn, Oregon, ~m Lessee. All terms used herein have the meanings ascribed to them In the above-referenced AgrenmenL A. Rental Payments. The Rental Payments ah·Il be In the amount~ eat forth In the "Rental Payment' column of the Payment Schedule contained In thl~ F. xhl~ 4. B. purchase Price Schedul.e. The Purchase P~ce at any particular Ume ~hall be the amount .et forth for ~uch Ume In the "Purchase Price" oolumn of the Payment Schedule contained In thb Exhibit 4. The Purchase Price Is In addiUon to all Rental Payments then due (Including the Rental Payment ~town on the same line In the Payment Schedule). Although · Purchase Price la shown for each Payment Number, the Eclulpment may be purchased only is described In SecUon 11.01 of the Agreement. C. Payment Schedule. The Payment Schedule la as set forth below. Date: 16-Aug-90 Lease Payment Schedule Name: THE CITY OF WOODBURN, OREGON PrincipaJ: $178,173.00 Interest: 7.5000 % Dated Date: 15-Sep-90 Payment Number Date Principal Interest Due Outstanding Payment Principal Rental Repayment Payment 1 15--Mar-gl $178,173.00 $6,681.49 $35,318.00 $41 2 15-Sap-g1 $142,855.00 $5,357.06 $15,642.00 $20. 3 15-MaJ'-92 $127,213.00 $4,770.49 $16,229.00 $20 4 15-Sap-g2 $110,984.00 $4,161 .g0 $16,838.00 $20 5 15-Mar-g3 $94,146.00 $3,530.48 $17,469.00 $20 6 15-Sep-93 $76,677.00 $2,875.39 $18,124.00 $20 7 15--Mar-g4 $58,553.00 $2,195.74 $18,804.00 $20 8 15-Sep-94 $39,749.00 $1,490.59 $19,509.00 $20 9 15-Mar-95 $20,240.00 $759.00 $20,240.00 $20 Premium Call 1.500% Remaining Purchase Balance Price $180,845.60 ggg.50 $142,855.00 $144,759.73 999.07 $127,213.00 $128,697.15 gg9.50 $110,984.00 $112,093.84 999.91 $94,146.00 $94,930.55 999.48 $76,677.00 $77,188.18 999.39 $58,553.00 $58,845.77 999.74 $39,749.00 $39,881.50 999.59 $20,240.00 $20,273.73 999.00 $0.00 $0.00 TOTALS -=> $31,822.14 $178,173.00 $209,995.18 * * * The last payment may vary slightly due to rounding, leap years, and/or the number of days between the dated date of the lease and the date of the first payment. These payments are calculated on the basis of 30 day months and a 360 day year. EXHIBIT CITY'S CERTIFICATE Re: Equipment LeaselPurchase Agreement, dated am of August 27. 1990, between Unltod States National Bank of Oregon, as Lessor and the City of Woo~um, Oregon, as Lasse~ I, the undersigned, the duly appointed, qualified and acting Recorder of the above-captioned Lessee do hereby certify this __ day of 1990, as follows: 1. Lessee did, at · (regular or special) meeting of the governing body of the Lessee held the execution and delivery of the above-roferenced Equipment Leese/Purcnaae Agreement (the Agreement) on ns oenan oy me .o. w, V named repreaentat]ve of the Lessee, to wit: Name 'rltie Signature 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting of the governing body of the Le_~_~ee at which the Agreement was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof and that the action approving the Agreement and suthorlzlng the execution thereof has not been altered or reaclnded. All meetings of the Curry County Board of Commissioners (the "Board') relating to the authorization and delivery of the Agreement have been: (a) held within the geographic boundaries of the Board; (b) open to the public, allowing all people to attend; (c) held at places that do not practice discrimination on the basis of race, creed, color, sex, age, national origin or disability; (d) announced by public notice reasonably calculated to give actual notice to Interested persons, Including the news medis which have requested notice, such notice has Included the time and place of the meeting and the principal subjects anticipated to be consldured at such meeting; (e) In the case of special mseflngs, announced with at least 24 hours notice to members of the Board, the news media which have requested notice and to the general public; (f) conducted In accordance with Internal procedures of the Board with a quorum of the Commission In attendance; (1.1) conducted In a place accessible to the disabled; and made · good faith effort to have an Interpreter for hesdng Impaired persons, to the extent requested by such a person, at Its regularly scheduled meetings and made a reasonable effort to have an Interpreter for hearing impaired persons, to the extent requested by such a person, at Its special meetings (as required and defined in ORS 192.630 (5), as amended), 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, Event of Default (as such term Is defined In the Agreement) exists at the date hereof. All Insurance required In accordance with the Agreement Is CU~Tently maintained by the Lessee. ~ 6. Lessee has, In accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year and to meet Its other obliga- tions for the current budget year and such funds have not been expended for other purposes. The budget year of Lessee Is from July I to June 30. IN WITNESS WHEREOF, I hereunto set my hand the day and year first above written. City of Woo~um, Oregon Title: Re0order Subscribed to and 8worn before me this ~ day of Notary Public - State of Oregon My commission explre~