lebanon city council meeting...presented by: gary marks, city manager . discussion . items from...

Lebanon City Council Meeting Agenda – 7/12/2017 Page 1 of 2

Mayor Paul Aziz

Councilor Jason Bolen Council President Bob Elliott Councilor Floyd Fisher Councilor Robert Furlow Councilor Rebecca Grizzle Councilor Wayne Rieskamp

MISSION STATEMENT The City of Lebanon is dedicated to providing exceptional services and opportunities that enhance

the quality of life for present and future members of the community.

CALL TO ORDER / FLAG SALUTE

ROLL CALL

APPROVAL OF COUNCIL MINUTES: June 14, 2017 Regular Session Minutes

CONSENT CALENDAR: The following item(s) are considered routine and will be enacted by one motion. There will not be a separate discussion of these items unless a Councilor so requests. In this case, the item(s) will be removed from the Consent Calendar and considered separately.

AGENDA: Lebanon City Council Agenda – July 12, 2017 APPOINTMENTS: Planning Commission – Jeremy Salvage BOARD MINUTES: Arts Commission – April 17, 2017 Library Advisory Committee – May 9, 2017 Planning Commission – March 15, 2017 LIQUOR LICENSE: Barsideous Brew Pub – New Outlet (Brewery Public House)

PROCLAMATION / PRESENTATION / RECOGNITION:

Americans with Disabilities Act Proclamation, read by Mayor Aziz National Night Out Proclamation, read by Mayor Aziz

PUBLIC COMMENTS: The Council welcomes all respectful comments regarding the City’s business. Citizens may address the Council by approaching the microphone, signing in, and stating their name and address for the record. Each citizen is provided up to 5 minutes to provide comments to the Council. The Council may take an additional two minutes to respond. The City Clerk will accept and distribute written comments at a speaker’s request.

LEBANON CITY COUNCIL AGENDA July 12, 2017 (6:00 p.m.)

Santiam Travel Station 750 3rd Street, Lebanon, Oregon

Lebanon City Council Meeting Agenda – 7/12/2017 Page 2 of 2

PUBLIC HEARING(S):

1) Annexation: Stoltz Hill Road (Staup)

Presented by: Walt Wendolowski, Community Development Director

Approval/Denial by ORDINANCE BILL NO. 2017-13, ORDINANCE NO. 2901

REGULAR SESSION:

2) Budget Amendment – Levying Taxes

Presented by: Tina Huff, Assistant Finance Director

Approval/Denial by RESOLUTION NO. 2017-28

3) City Manager's Report

Presented by: Gary Marks, City Manager

Discussion

ITEMS FROM COUNCIL

PUBLIC COMMENTS: An opportunity for citizens to comment on items of city business.

ITEMS FROM PRESS: An opportunity for the Press to ask questions pertaining to city business.

NEXT SCHEDULED COUNCIL MEETING(S)

August 9, 2017 (6 p.m.) Regular Session September 13, 2017 (6 p.m.) Regular Session

ADJOURNMENT

Approval of Minutes

DRAFT Lebanon City Council Meeting Minutes – 6/14/17 Page 1 of 9

Council Present: Mayor Paul Aziz, Councilors Jason Bolen, Bob Elliott, Floyd Fisher, Robert Furlow, and Rebecca Grizzle

Staff Present: City Attorney Tré Kennedy, City Manager Gary Marks, City Clerk Linda Kaser,

Police Chief Frank Stevenson, Senior Services Director Kindra Oliver, Finance Director Dean Baugh, Community Development Director Walt Wendolowski and Engineering Services Director Ron Whitlatch

CALL TO ORDER: Mayor Aziz called the Regular Session of the Lebanon City Council to order at 6:00 p.m. in the Santiam Travel Station Board Room and led in the Pledge of Allegiance. Praise in 3D sang the Star-Spangled Banner in honor of Flag Day.

ROLL CALL: Roll call was taken with Councilor Rieskamp absent.

APPROVAL OF CITY COUNCIL MINUTES

Councilor Grizzle moved, Councilor Elliott seconded, to approve the May 10, 2017 Regular Session Minutes as presented. The motion passed unanimously.

CONSENT CALENDAR

AGENDA: City of Lebanon Council Agenda – June 14, 2017 APPOINTMENTS: Bike & Pedestrian Advisory Board – Damon Tempey & Roger Munk Planning Commission – John Brown, Brian Daniels & Todd Prenoveau Alternates: Samuel Brackeen & Joshua Galka Senior & Disabled Services Advisory Committee – Marlene Flyer, Sherry Liest, Joan Voss & Mac McNulty BOARD MINUTES: Bike & Pedestrian Advisory Board – February 23, 2017 Library Advisory Committee – March 14, 2017 EASEMENT(S): Lebanon Calvary Chapel

Councilor Grizzle moved, Councilor Furlow seconded, to approve the Consent Calendar as presented. The motion passed unanimously.

PRESENTATION – Lebanon Transit Development Plan

Senior Services Director Oliver expressed thanks to ODOT for providing funding for an enhanced transit service design to help meet Lebanon’s growing needs. Maggie Derk from Nelson/Nygaard Consulting Associates showed a PowerPoint presentation describing the project. Its primary purpose was to help guide implementation of a new deviated fixed route transit service, which operates on a fixed alignment with designated time points but that can be deviated. Although this does not replace the Dial-A-Bus, it is anticipated that some of the ridership will shift to the new service. The project overview, operating costs, conceptual schedules, and the entire presentation can be found online and as an addendum to the archived minutes.

LEBANON CITY COUNCIL MINUTES – DRAFT

June 14, 2017


Mayor Aziz asked whether public comments were received and what their views were. Ms. Derk shared that there was not much public outreach at the Biz Expo so they relied heavily on stakeholder input. Other general public input, through community and on-board Dial-A-Bus surveys, conveyed excitement about a fixed service that would also accommodate the commuting and student populations. Many people rely on the Dial-A-Bus so any changes would take their needs into consideration. Oliver added that people are very excited about a scheduling system, rather than calling for a pickup. They also found that many were hoping for an expanded service (additional hours/days or out of town).

Councilor Grizzle stated that she would like to see the City apply for a grant to heavily market the service. Oliver agreed and stated that marketing was not previously done because there was no funding to accommodate new riders.

Relating to the route, City Manager Marks asked how the Veterans Home would be served. Oliver stated that if residents are not able to get to the Cascade Ridge Apartments stopping point; it would be an easy deviation.

In response to Councilor Furlow’s question about the project’s timeframe and financing, Oliver stated that these are just recommendations. Final timeframes still need to be developed, along with a couple of months of marketing. The hope is to be ready when LBCC starts at the end of September. Staff will return to Council with the final development plan. Some financing is in place to implement the deviated fixed route portion of the system.

Councilor Bolen commented that this service will be great when developed. As Lebanon's population continues to change, student and older populations are likely coming from communities that have a fixed route service. He asked if there was thought given to a core downtown stop to attract more business. Oliver shared that the group discussed this as a long-term plan. There are other downtown spots that they can look at but there would be a cost to repurpose that area. Ms. Derk added that the Park/Oak stop is already a Linn Shuttle stop so is a good established transit hub. Stop locations through downtown may reveal some challenges or opportunities.

PUBLIC COMMENTS

Thomas Pouliot, 1350 Willliams Street, gave a short demonstration with Chief Stevenson of what happened to him with bikes on the Main Street sidewalk. The Chief asked Mr. Pouliot to call the next time it happens.

He distributed a letter from Mark Staneart regarding the need for a Local Merchants Association and also commented that Strawberry Plaza is a good addition to our community.

PUBLIC HEARING(S):

Mayor Aziz opened the public hearing at 6:35 p.m.

Marks provided highlights of the proposed budget, which provides all levels of services to be maintained. Contingencies and reserves are up 15.4%. The 14% General Fund balance goal was met with a large margin. Capital investment is up 5.5%. Over half (53%) of the budget is capital due to the water treatment plant and other projects, including the Airport Road extension, Russell Drive improvements, and the community gardens.

Operating appropriations are up about 4.3%; roughly half of this is represented as the PERS increase. The 32% increase in PERS was a significant challenge. The hope was to add a few more staff positions to restore staffing back to the pre-cutback levels. PERS increases are anticipated every two years over the next six years.

Overall staffing increased by two FTEs and includes a new police officer position and staff electrician. He and the new Library Director will look at library staffing and ways to increase operating hours.


The proposed budget covers all six Council goals and seven strategic action plan items. The budget totals $69.6 million which is a large number because about half of it is represented in capital projects, most of which are not normally undertaken. The budget reflects an increase of $3.5 million, inclusive of almost $2 million in new capital spending. The general fund totals $10.8 million in external appropriations with transfer items totaling slightly over $900,000. He noted that even if the City spends all of its appropriation, it would still meet the Council’s goal.

The Urban Renewal Agency budget totals $7.8 million, which is an increase of $3.6 million because the Cheadle Lake District is undertaking some large projects. The appropriated budgets (for both the City and urban renewal agency) totals $77.5 million; external appropriations are just over $70 million with more than half being capital projects.

Regarding Marks' comment that the PERS increase is every other year, Councilor Grizzle expressed concern that the City will hire people in the off year but then must let them go the next year. Marks stated that staff will look at growth and revenues to be confident that any positions are sustainable into the next year.

He confirmed for Councilor Furlow that the PERS increase is every other year because the State has a two-year budget. Furlow stated that legislative changes should be monitored because the impact could be reduced.

1) State Revenue Sharing

Finance Director Baugh explained the process and requested approval of a resolution certifying that the City is eligible to receive revenue sharing funds, and an ordinance electing to receive those funds. The approved budget for 2017-18 has a budgeted revenue of $175,000 in the General Fund.

Hearing no public comments, Mayor Aziz closed the Public Hearing at 6:52 p.m.

City Attorney Kennedy read the title of RESOLUTION NO. 2017-16. Councilor Furlow moved, Councilor Elliott seconded, to APPROVE RESOLUTION NO. 2017-16, A RESOLUTION CERTIFYING THE CITY OF LEBANON PROVIDES MUNICIPAL SERVICES FOR ELIGIBILITY IN RECEIVING STATE SHARED REVENUE PAYMENTS. The motion passed unanimously.

Kennedy read the title of ORDINANCE BILL NO. 2017-12, ORDINANCE NO. 2900. Councilor Furlow moved, Councilor Bolen seconded, to APPROVE ORDINANCE BILL NO. 2017-12, ORDINANCE NO. 2900, A BILL FOR AN ORDINANCE DECLARING THE CITY OF LEBANON’S ELECTION TO RECEIVE STATE REVENUES. The motion passed unanimously.

2) Adoption of FY 17/18 Approved Budget

Mayor Aziz opened the Public Hearing at 6:53 p.m.

The $69,623,127 budget is the same budget approved by the Budget Committee and includes their recommendation to increase the Mayor's stipend.


Councilor Bolen moved, Councilor Furlow seconded, to APPROVE A $1,000/MONTH STIPEND FOR THE POSITION OF MAYOR BEGINNING WITH THE JULY 2017 STIPEND. The motion passed unanimously.

Kennedy read the title of RESOLUTION NO. 2017-17. Councilor Elliott moved, Councilor Furlow seconded, to APPROVE RESOLUTION NO. 2017-17, A RESOLUTION ADOPTING THE CITY OF LEBANON’S BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2017-18. The motion passed unanimously.


Kennedy read the title of RESOLUTION NO. 2017-18. Councilor Furlow moved, Councilor Grizzle seconded, to APPROVE RESOLUTION NO. 2017-18, A RESOLUTION LEVYING TAXES FOR THE CITY OF LEBANON’S BUDGET FOR FISCAL YEAR 2017-18. The motion passed unanimously.

Baugh reminded Council that the amounts shown as X's will be filled in and brought back as an amended resolution to the July Council meeting.

Mayor Aziz temporarily adjourned as the Lebanon City Council and convened as the Urban Renewal Agency.

3) Adoption of FY 17/18 NW Lebanon Urban Renewal District Approved Budget


Baugh stated that the NW Lebanon Urban Renewal District budget of $2,710,000 is the same as what was approved by the Budget Committee. He amended the first sentence of Resolution No. 2017-20 Section 1: "To certify to the county assessor for the Northwest Lebanon Urban Renewal District Plan Area a request for up to the maximum amount of revenue that may be raised by dividing the taxes under Section 1c, Article IX, of the Oregon Constitution and ORS Chapter 457."


Kennedy read the title of RESOLUTION NO. 2017-19. Councilor Elliott moved, Councilor Grizzle seconded, to APPROVE RESOLUTION NO. 2018-19, A RESOLUTION ADOPTING THE NW LEBANON URBAN RENEWAL DISTRICT BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2017-18. The motion passed unanimously.

Kennedy read the title of RESOLUTION NO. 2017-20, A RESOLUTION LEVYING TAXES FOR THE CITY OF LEBANON'S NW URBAN RENEWAL DISTRICT BUDGET FOR FISCAL YEAR 2017-18.

Councilor Grizzle moved, Councilor Furlow seconded, to AMEND SECTION 1: "TO CERTIFY TO THE COUNTY ASSESSOR FOR THE NORTHWEST LEBANON URBAN RENEWAL DISTRICT PLAN AREA A REQUEST FOR UP TO THE MAXIMUM AMOUNT OF REVENUE THAT MAY BE RAISED BY DIVIDING THE TAXES UNDER SECTION 1C, ARTICLE IX, OF THE OREGON CONSTITUTION AND ORS CHAPTER 457." The motion passed unanimously.

Councilor Grizzle moved, Councilor Furlow seconded, to APPROVE AMENDED RESOLUTION 2017-20. The motion passed unanimously.

4) Adoption of FY 17/18 North Gateway Urban Renewal District Approved Budget


Baugh stated that the budget amount of $1,376,000 is the same as approved by the Budget Committee. The City is asking for the maximum amount of the approved levy.


Kennedy read the title of RESOLUTION NO. 2017-21. Councilor Grizzle moved, Councilor Furlow seconded, to APPROVE RESOLUTION NO. 2017-21, A RESOLUTION ADOPTING THE NORTH GATEWAY URBAN RENEWAL DISTRICT BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2017-18. The motion passed unanimously.


Kennedy read the title of RESOLUTION NO. 2017-22. Councilor Elliott moved, Councilor Furlow seconded, to APPROVE RESOLUTION NO. 2017-22, A RESOLUTION LEVYING TAXES FOR THE CITY OF LEBANON’S NORTH GATEWAY URBAN RENEWAL DISTRICT BUDGET FOR FISCAL YEAR 2017-18. The motion passed unanimously.

5) Adoption of FY 17/18 Cheadle Lake Urban Renewal District Approved Budget


Baugh stated that the budget amount of $3,792,500 is the same as approved by the Budget Committee. The City is asking for the maximum distribution of taxes on this area.


Kennedy read the title of RESOLUTION NO. 2017-23. Councilor Furlow moved, Councilor Bolen seconded, to APPROVE RESOLUTION NO. 2017-23, A RESOLUTION ADOPTING THE CHEADLE LAKE URBAN RENEWAL DISTRICT BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2017-18. The motion passed unanimously.

Kennedy read the title of RESOLUTION NO. 2017-24. Councilor Elliott moved, Councilor Bolen seconded, to APPROVE RESOLUTION NO. 2017-24, A RESOLUTION LEVYING TAXES FOR THE CITY OF LEBANON’S CHEADLE LAKE URBAN RENEWAL DISTRICT BUDGET FOR FISCAL YEAR 2017-18. The motion passed unanimously.

Mayor Aziz adjourned as the Urban Renewal Agency Board and reconvened as the Lebanon City Council.

6) Revised City Fees Schedule


Marks highlighted minor changes in Library fees and the addition of fees for parks system facilities.

Hearing no public comments, Mayor Aziz closed the Public Hearing at 7:06p.m.

Kennedy read the title of RESOLUTION NO. 2017-25. Councilor Grizzle moved, Councilor Bolen seconded, to APPROVE RESOLUTION NO. 2017-25, A RESOLUTION AMENDING FEES AND CHARGES FOR CITY SERVICES AND REPEALING EXHIBIT A "FEE SCHEDULE" OF RESOLUTION NO. 2016-38. The motion passed unanimously.

REGULAR SESSION:

Mayor Aziz temporarily adjourned as the Lebanon City Council and reconvened as the Urban Renewal Agency Board.

7) NW Urban Renewal District – Minor Amendment

Community Development Director Wendolowski explained that Section III.C of the Northwest Lebanon Urban Renewal Plan identifies the list of renewal projects supported by the District. He presented a request for Council approval of a resolution modifying this section and allowing the City to participate in other projects not specifically listed. Any agreement between the City and a developer would still require approval of the URD Agency.


Responding to Councilor Furlow’s question, Wendolowski stated that this was not discussed with the Planning Commission; an urban renewal attorney recommended this amendment to provide flexibility with unique projects that come along. Marks added that the immediate benefit facilitates moving forward with the Mill Race Project.

Kennedy read the title of RESOLUTION NO. 2017-26. Councilor Elliott moved, Councilor Furlow seconded, to APPROVE RESOLUTION NO. 2017-26, A RESOLUTION TO AMEND SECTION III.C RENEWAL PROJECTS OF THE NORTHWEST URBAN RENEWAL AREA PLAN. The motion passed unanimously.

8) Economic Development Agreement – Spires Property

Kennedy presented a proposed economic development agreement between the City, the Urban Renewal Agency, and Larry and Nikki Spires (Northside Developers LLC). The agreement finances public infrastructure improvements through use of tax increment increases anticipated in the NW Lebanon Urban Renewal area directly attributed to the proposed development. Some key differences of this agreement are that the Spires will fully pay for all permits, SDC fees, and engineering reviews fees upfront, although they are reimbursable. Revised figures for public infrastructure total about $8.7 million with a cap of 110% of that amount. The developer can apply for reimbursement up to the cap over the terms of the URD, which expires in 2028.

Marks added that this is a simplified version of the agreement with Samaritan Health Services with a portion of the increment each year being committed to the public infrastructure reimbursement and is structured so 80% of the increment would be committed to reimbursement for the first five years. Thereafter, until 2028, it is reduced to 75%. After sunset of the district and there are no longer payment obligations, the benefit will be close to $1.5 million in new revenue from this development, if all infrastructure is installed.

Responding to Councilor Bolen’s question about development plans, Marks indicated that this is a mixed-use development. The first phase will be storage, then the project will expand to multi- and single-family residential, commercial developments and light industrial. Councilor Bolen stated that he sees the need for residential housing but his concern is the build out and lack of secured commercial occupancy resulting in big empty expanses of property that would devalue the neighborhood and hurt tax rolls. Marks stated that he understands the developer has agreements with private commercial interests. Regarding financial impact to the City, the value of the increment would drastically reduce reimbursement infrastructure payments made by the City, if there are no commercial improvements. The agency would not be compromised by the failure to produce commercial elements.

Councilor Furlow stated that although the developer has a plan, there may be modifications as development occurs. Marks pointed out that unless modifications on private property change the need for public infrastructure, it would not impact this agreement.

Councilor Bolen asked whether the infrastructure will be phased in or will be a complete build out with fill-ins. Marks stated that infrastructure will be phased in with different elements of the project. Wendolowski added that there are three or four phases of the project. The developer has preliminary plan approval, but goes through staff level review at each phase to ensure that it complies with the approved plan.

Councilor Furlow moved, Grizzle seconded, to ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT WITH LARRY AND NIKKI SPIRES (NORTHSIDE DEVELOPERS LLC). The motion passed unanimously.

Mayor Aziz adjourned as the Urban Renewal Agency Board and reconvened as the Lebanon City Council.

Councilor Grizzle moved, Councilor Furlow seconded, to ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT WITH LARRY AND NIKKI SPIRES (NORTHSIDE DEVELOPERS LLC). The motion passed unanimously.


PUBLIC HEARING(S):

9) Public Contract Exemption


Engineering Services Director Whitlatch requested approval for exemption from competitive bidding for the Mill Race Project to allow reimbursement of public infrastructure through tax increment revenues. There was no response to the published findings. ORS requires that Council approve the findings prior to exemption from competitive bidding. Staff believes that all findings and criteria were met. In staff's opinion, this will not change any of the bidding competition as the Spires must bid the project as the City would.


Councilor Elliott moved, Councilor Furlow seconded, to EXEMPT THE CITY FROM COMPETITIVE BIDDING FOR THE MILL RACE DEVELOPMENT. The motion passed unanimously.

REGULAR SESSION:

10) Supplemental Budget Amendment

Baugh presented the changes included in the supplemental budget amendment: $6,000 in General Fund for AFSCME union settlement, $17,500 in capital projects (vehicle maintenance), and $4 million loan received for the Cheadle Lake URD to do the water treatment plant, Airport Road extension, Russell Drive improvements and Porter Park projects.

Kennedy read the title of RESOLUTION NO. 2017-27. Councilor Grizzle moved, Councilor Bolen seconded, to APPROVE RESOLUTION NO. 2017-27, A RESOLUTION AUTHORIZING A SUPPLEMENTAL BUDGET AMENDMENT TO THE CITY OF LEBANON 2016-17 BUDGET. The motion passed unanimously.

11) Contract Change Order – Airport Road Extension/Russell Drive Improvements Project

Whitlatch presented a proposed change order to the Airport Road Extension/Russell Drive Improvements Project for the Porter Park community gardens. Key elements included are roadway widening on Taylor and Willow Streets, storm drainage installation, curb and gutter installation, sidewalks, and the main utilities that will serve the park. The only portion coming out of the funds for the Porter Park Project would be $27,000 for items numbered 4035 through 4047, which are the utilities to the park.

Councilor Furlow moved, Councilor Elliott seconded, to APPROVE THE AIRPORT ROAD EXTENSION/RUSSELL DRIVE IMPROVEMENTS PROJECT CHANGE ORDER. The motion passed unanimously.

12) Proposed ODOT/City Walkway/Bikeway Project Agreement

Whitlatch requested Council approval to accept the terms and conditions of an ODOT agreement for the 5th and Tangent Street intersection, due to the dramatic increase in pedestrian traffic. ODOT agrees to pay for all costs of installing a pedestrian-activated crossing up to $80,000. Because there is no one on City staff available to do the design, a consultant will be hired. Upon completion of the signal, the City will be responsible for all maintenance costs, in addition to striping and signing.


The Council agreed that there is a need at that location. In response to Councilor Bolen’s question, Whitlatch stated that it would not include ADA ramps in that area, but the City has approached and filed a complaint with ODOT since there are multiple sidewalk access ramp issues along that stretch. He believes that the date ODOT plans to have all State highway access ramps updated is soon; the legislature is allocating a lot of funds to sidewalk access.

Councilor Elliott moved, Councilor Furlow seconded, to ACCEPT THE TERMS AND CONDITIONS OF THE ODOT INTERGOVERNMENTAL AGREEMENT. The motion passed unanimously.

13) Award E Street Sewer Project Contract

Whitlatch briefly spoke about the E Street Sewer Project and requested Council approval to award the project contract to Pacific Excavation, Inc. who was about $10,000 over the engineer's estimate. He guessed that it would be higher because of the time of year, but this had to be bid now due to the short timeframe before school starts.

Whitlatch explained for Councilor Grizzle that Udell Engineering developed the engineer's estimate based on averages. He estimated it would be higher just looking at the bidding climate.

Councilor Grizzle moved, Councilor Bolen seconded, to AWARD THE E STREET SEWER PROJECT CONTRAC TO PACIFIC EXCAVATION, INC. The motion passed unanimously.

14) Contract Change Order – Water Treatment Plant

Whitlatch presented a proposed change order for the Water Treatment Plant Project. Although it was included in the overall project budget, as discussed earlier, GMP 3 did not include the raw waterline bore and the under drain for Cheadle Lake because staff was still looking at proposals. Although there would be an approximately $80,000 cost savings going over the canal, staff recommends boring the line under the canal because of maintenance and because it would be catastrophic if there was an accident. This $682,000 change order covers everything that could possibly go wrong. As discussed, the overall price of the project is about $27 million.

Responding to Councilor Furlow's question, Whitlatch stated that this was budgeted for so there is no impact on the City's or Slayden's contingency.

Councilor Elliott moved, Councilor Furlow seconded, to to APPROVE THE AIRPORT ROAD EXTENSION/RUSSELL DRIVE IMPROVEMENTS PROJECT CHANGE ORDER. The motion passed unanimously.

15) City Manager's Report – Marks provided updates:

Most of Marks’ time in May was focused on Strawberry Plaza, 2017-18 Budget, Mill Race Agreement, and the Library Director recruitment.

ITEMS FROM COUNCIL

Councilor Bolen commended Maintenance Services Director Williams and the crew for their work in getting Strawberry Plaza ready in time. This shows the commitment and quality of City staff. Marks added that the crew gave 150% to make it happen.

Councilor Furlow extended appreciation to Marks, the department directors and staff involved in the budget preparation.


Councilor Furlow gave special commendation to Marks for his work on Strawberry Plaza’s totem pole.

Mayor Aziz praised the earthquake preparedness seminar he and Marks attended and urged others to attend if offered again. He and Marks will work with Stevenson on the Council’s role in an emergency; this will also be part of the new Mayor/Councilor training.

Councilor Bolen suggested that staff put together something for social media that explains the water deposit policy (specifically, transferring to a different residence) to help the public understand. Marks stated that staff will work on it.

Councilor Elliott praised the City on its decision to hire Kendra Antila as the new Library Director. Councilor Grizzle commented that people involved with the Library are very happy with the choice. Mayor Aziz agreed and thinks it’s a good idea to promote from within when possible.

PUBLIC COMMENTS – There were none.

ITEMS FROM PRESS – There were none.

NEXT SCHEDULED COUNCIL MEETING(S)

July 12, 2017 (6 p.m.) Regular Session August 9, 2017 (6 p.m.) Regular Session

ADJOURNMENT

Mayor Aziz adjourned the Regular Session at 7:47 p.m.

[Minutes prepared by Linda Kaser & Donna Trippett]

Minutes Approved by the Lebanon City Council on this 12th day of July 2017.

Paul R. Aziz, Mayor Bob Elliott, Council President ATTESTED: Linda Kaser, City Clerk

Consent Calendar

Appointments

Community Development 925 S. Main Street

Lebanon, Oregon 97355

TEL: 541.258.4906 [email protected] www.ci.lebanon.or.us

TO: Paul Aziz, Mayor Gary Marks, City Manager FROM: Walt Wendolowski, AICP; Community Development Director SUBJECT: Appointment to Planning Commission - Amended DATE: July 5, 2017

I. Introduction

At the June meeting, recommendations were forwarded to the City Council regarding appointments to the Planning Commission. It is with some embarrassment that I inform you of an error made regarding a reappointment. Commissioner Salvage was inadvertently left off the reappointments recommendations. I apologize for this error.

II. Recommendation

Reappoint Commissioner Jeremy Salvage to serve until June 30, 2021.

Board & Committee Meeting Minutes

• Call to Order

o Commission members present: Gary Marks, Jenni Grove, Dan Simmons, Sheree Speaks, Keith Kutch and Lori McNulty

o Approved last meeting’s minutes o Jenni introduced herself and shared her background to the Commission

-Background in business but has always been passionate about music and experience in small vocal performances with the youth and choral music.

• Discussed Art Boards at the Strawberry Plaza: o Gary previewed cedar boards that will be going on posts. o Developing a program to invite artists in to display art at the Plaza. o Gary shared samples of neutral colors for color boards. o Group agreed on 3 neutral colors (dark gray, medium gray, light gray) going in dark to

light order. • The Great Quirky Turkey Pageant

o DSD Decoys, Research Manikins, the Turkey Shoppe (Edgefield, South Carolina) as potential suppliers for turkey models.

o Identify supplier, cost estimate and deadline for models by next meeting, o Option to have businesses sponsor a turkey or buy turkey models independently.

• Discussed next plan of action to identify artists for the Strawberry Plaza Art Boards and the Quirky Turkey Pageant

o Sign or banner to occupy space to announce art works coming soon, art boards o Discussed duration of art on panels, how to rotate 4’x8’ art displays, making artworks

weather proof. o How to approach artists through our own networking and public campaign, and security

to protect panels. • Next Meeting Tentative Agenda Items: Update on Great Quirky Turkey Pageant Program,

Strawberry Plaza Art Boards Project timeline. • Future Meeting Dates

o Monday May 18th at 5:30 pm, Lebanon Public Library Community Room • Public Comment

o

Lebanon Arts Commission Meeting Minutes

Monday, April 17, 2017 | 5:30 pm Lebanon Public Library, 55 Academy Street,

Community Meeting Room

o Kathleen Cook shared her appreciation for having an Arts Commission and shared the

idea of having a music festival. Suggested a Cottonwoods music festival and shared brief history of Cottonwoods.

o Suggested incorporating more theater in the community. • Meeting adjourned at 6:29 pm

Minutes

Lebanon Public Library Advisory Board Meeting

May 9, 2017

The meeting was called to order at 4:38 pm by JonLee Joseph, chair pro tem. Present: JonLee Joseph, chair pro tem; Virginia Cloyd; Delvin King; Jim Reuf; and Carol Dinges, library director. Absent: Garry Browning

Minutes of the March 2017 meeting were approved.

Library director’s report:

The board reviewed the statistical reports for February, March and April, and the financial reports for February and March. Summer Reading Program will begin on June 1, with events beginning the third week of June. There will be a “rain or shine” outdoor storytime every Tuesday morning at 10 am, the performer series on Thursday mornings at 11 am, and a book club for kids ages 11-15 during the month of July. The press release with the full schedule is attached. The FY2017-18 budget was approved by the budget committee. The library’s budget for books and other materials was increased, but not fully funded. This year 20% of that budget came from the City general fund, and next year that increases to about 70%. At this point no additional library staff is included; however, the library will get priority for new staff positions if funding becomes available. We got a new estimate for the cost of renewing the Software as a Service contract with Userful for patron and catalog virtual desktop computer stations, which was lower than anticipated. We now plan to go ahead and maintain the same number of stations.

I’ve ordered a new credit card terminal that accepts “chips” and is much easier to use than the current web-based system. We are also in the process of completely revamping our payment receipt system to utilize the City’s Springbrook financial software program. Building maintenance: We had all windows cleaned, and Jason Williams (Maintenance Department director) has contracted with a company to do this quarterly. We also had the fire sprinkler system inspected and several fire sprinklers replaced because they had bits of paint on them.

Friends of the Library report: JonLee reported that the April book sale wasn’t as well attended as usual. The Friends voted to donate $500 to the library to fund both the summer and winter teen book clubs.

Unfinished business: None

New business:

Virginia will be serving on the screening committee for the new library director. She asked for input from the board regarding qualities that the board considered important. JonLee brought in a flier from a local bookstore regarding a children’s literacy initiative they are promoting and asked if this is something the library might take part in. While this program is clearly in line with our mission, we cannot promote or advertise a business.

Public comments: None.

Announcements: The City will be hosting a “meet and greet” for the finalists for the library director position on Tuesday, May 23, in the library Community Room. Library board members are encouraged to attend. The meeting was adjourned at 5:35 pm. The next meeting will be on June 13, 2017 at 4:30 pm in the library Community Room.

March 15, 2017 Meeting Minutes - ADOPTED Page 1 of 4

Members Present: Vice-Chair Don Robertson, Commissioners John Brown, Brian Daniels, and

David McClain. Staff Present: Community Development Director Walt Wendolowski, AICP; Senior

Engineer, Ed Patton, PE; City Attorney Tre’ Kennedy. 1. CALL TO ORDER/ FLAG SALUTE Vice-Chairman Robertson called the meeting of the Lebanon Planning Commission to order

at 6:00 pm in the Santiam Travel Station Board Room at 750 3rd Street and led the meeting in the flag salute.

2. ROLL CALL Roll call was taken. Chairman Jeremy Salvage was excused; Commissioners Jeanne

Callahan and Brenda Hall were absent; a quorum was declared. 3. APPROVAL OF MEETING MINUTES The January 18, 2017 Meeting minutes were approved as corrected. 4. CITIZEN COMMENTS - None 5. PUBLIC HEARINGS

a. Planning File 16-12-68

Vice-Chair Robertson re-opened the hearing. Development Director Wendolowski stated that on January 18, the Commission held a hearing on this application. A request was made for a continuation and the Commission agreed to the following: • The hearing would be continued to February 15, 2017. • The record would he held open for 7 days to allow further public comment. • The applicant would have an additional 7 days to rebut any material. • Staff would return with summary and final recommendations. • The continued hearing would be limited to deliberations by the Commission.

City of Lebanon

Planning Commission Meeting Minutes March 15, 2017


Wendolowski noted the Commission was unable to meet in February. Staff rescheduled the hearing for March 15, 2017 and provided notice to participants. He further stated the Commission packet contains copies of the material submitted at the hearing, material submitted at part of the continuation and a revised staff report. Based on commentary at the January hearing, the applicant’s comments and the additional written testimony, the amended report included revised the conditions of approval: • No construction vehicles on Tucker Lane or Sunset Road. • Extension of Pacific Street to Sunset with barricades at the intersection. • Perimeter fencing at the storage units. • Installation of fencing in appropriate locations along the east property line. • Elimination of the condition regarding bank improvements to Burkhart Creek.

Wendolowski noted the only action by the Commission is to deliberate on the matter. He further stated he can answer technical questions related to the request but not provide new testimony. Vice-Chair Robertson summarized the purpose of the deliberations noting the request is limited to modification of the phasing. He also stated the record contains all the submitted material and no further public testimony would occur. He then asked whether the Commission wished to discuss the matter further and whether the request met the decision criteria. No discussion or comments followed. Robertson then asked for a motion. Commissioner McClain made a motion to approve Planning File 16-12-68 subject to the findings and conditions in the staff report; Commissioner Daniels seconded. The motion passed 4-0.

Commissioner Callahan arrived at 6:08.

b. Planning File 17-02-05

Vide-Chair Robertson opened the hearing. City Attorney Kennedy announced that the quasi-judicial hearing procedures apply and outlined the hearing process. Robertson asked if there were any ex parte contacts, conflicts or bias. Commissioner McClain stated he knew the applicant. After questioning, McClain declared this would not affect his ability to make an impartial decision. Robertson then directed staff was to proceed. Development Director Wendolowski identified the location of subject property, noting it is zoned RM, contains 3.51-acres, and is located along South Santiam Highway. The Commission approved a conditional use application to conduct summer-time services on the property using a temporary tent. The approval limited the activity to five years but a subsequent decision eliminated this time limit. The applicants now wish to construct a church on the property which will include the following: • The church will be located on the west side of the property, just north of the

existing outdoor worship site. The church will be constructed in two phases, the first with seating for 400 then doubling to 800. The building height is 30-feet.


• Services will be held on Sunday and additional meetings will take place during Wednesday and Thursday evenings, with three of four special events per year.

• Santiam Highway provides site access. The initial phase will include 100 paved parking spaces, doubling when the second phase is completed.

• Additional landscaping around the church structure is planned. Vegetative screening will be planted along the southwest and east portions of the site.

• Public sewer and water will be extended to serve the site with storm drainage directed to an existing ditch to the south. Fire hydrants will be located based on Fire District requirements and fire sprinkler will be installed.

Wendolowski stated a religious facility – which includes a church – is considered a “meeting facility” in the Residential Zones. A Conditional Use approval is required to establish a “meeting facility”. The Department sent requests for comments to affected agencies and area property owners. City Engineering Services reviewed the proposal and offered the following general comments: • All public improvements must conform with City Public Works Standards. • Access permit required from ODOT. • Developer must provide adequate water and sewer connections. • The Lebanon Fire District will need to review the plans to conform with fire safety

requirements, including access, and, hydrant location. • Site grading and drainage shall meet City standards. • Landscaping within the right-of-way is limited in height and clear vision areas must

be maintained. Chapter 16.21 establishes the review criteria for a Conditional Use application. In reviewing the request, Wendolowski stated the City must consider compliance with the development requirements of the RM zone and noted the following: • Lot Area and Dimensions – The minimum area for the use is 6,000 square feet with

a minimum with of 20-feet. The property exceeds both requirements. • Setbacks –Based on the submitted site plan, the structure exceeds all minimum

setback requirements. • Lot Coverage and Building Height - The maximum lot coverage is 60% and the

maximum building height is 40 feet. The structure is well below the lot coverage limitation and the church will be approximately 30-feet in height.

Wendolowski stated nothing in the proposed use creates noise, vibration, emissions or similar that adversely impact the neighborhood. Engineering Services did not require a traffic impact analysis but it may be necessary as part of the ODOT permit. On balance, the layout is logical and minimizes adverse impacts on area property. Wendolowski stated the proposal must comply with the Community Development Standards. The applicable provisions include: • Transportation Improvements – South Santiam Highway provides site access and an

ODOT permit is required. • Parking –The first phase will have seating for 400 requiring 100 spaces. Two

hundred spaces are needed for the second phase. Bicycle parking is also required


at a rate of 10% of the required spaces. The applicant intends to additional temporary parking with a rock/gravel surface. Staff found this acceptable.

• Landscaping – Areas not improved upon will be landscaped with additional screening located on the southwester and eastern portions of the site.

• Public Facilities – Finally, the site can be fully serviced. Based on these factors, staff recommends the Commission approve the Conditional Use application, subject to the findings and conditions noted in the Staff Report. Vice-Chair Robertson asked if there were any questions of staff. Commissioner McClain asked about signs; Wendolowski stated there is a separate sign permit, which is reviewed by staff. Seeing no further questions of staff, Robertson asked whether the applicant would like to testify. Seeing none, Robertson asked whether anyone wished to speak in favor of the application. Seeing none, he then asked whether anyone wished to speak in opposition. Seeing none, Robertson closed public testimony and moved to deliberations. McClain asked about the existing residence; Wendolowski stated he believed it would ultimately be removed. Robertson asked whether the Commission wished to discuss the matter further and whether the request met the decision criteria. No discussion or comments followed. Robertson then asked for a motion. Commissioner Callahan made a motion to approve Planning File 17-02-05 subject to the findings and conditions in the staff report. Commissioner McClain seconded the motion. The motion passed 5-0.

6. WORK SESSION Wendolowski requested the work session be moved to the next Commission meeting; the

Commission agreed. 7. COMMISSION BUSINESS & COMMENTS

Wendolowski noted that planning has started off very slowly this year with only 6 or 7 applications so far. Building is very active and will see some larger projects submitted by the end of the fiscal year. We are working with applicants on some interesting projects, but no subdivisions. Department staff is busy with capital improvement projects including East Airport extension and the water treatment plant. Commissioner Callahan asked about April’s meeting; Wendolowski noted we still have time to review applications, otherwise we will address the private street changes.

8. ADJOURNMENT:

There being no further business, the meeting was adjourned at 6:25 pm.

[Meeting minutes prepared by Walt Wendolowski, AICP]

Liquor License(s)

925 S. Main Street Lebanon, Oregon 97355 TEL: 541.258.4905 www.ci.lebanon.or.us

City Clerk’s Office

To: Mayor Aziz and City Council Date: July 5, 2017 From: Linda Kaser, City Clerk Subject: Liquor License Application (New Outlet – 644 S. Main Street)

Barsideous Brewing, LLC has applied for a New Outlet Liquor License located at 644 S. Main Street. The OLCC Application is attached for Council’s review and consideration. The Fire District, Police Department, Building Official and Community Development Manager have reviewed the application and found no evidence to support a denial of this liquor license application. Council Action: Staff recommends that Council authorize a favorable recommendation to OLCC under the City Council Consent Calendar. /lgk

Proclamation/Presentation/ Recognition

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. On July 26, 2017, we will celebrate the anniversary of the signing of the ADA.

The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, and increasing full participation in community life. However, the full promise of the ADA will only be reached if we remain committed to continue our efforts to fully implement the ADA.

On the anniversary of the Americans with Disabilities Act, join the City of Lebanon in celebrating and recognizing the progress that has been made by reaffirming the principles of equality and inclusion and recommitting our efforts to reach full ADA compliance.

NOW THEREFORE, I, Mayor Paul R. Aziz, do hereby reaffirm that the City will continue to work toward full ADA compliance.

Paul R. Aziz, Mayor City of Lebanon, Oregon In witness whereof, I hereunto affix this seal of the City of Lebanon on this 12th Day of July, 2017. Linda Kaser, City Clerk

PROCLAMATION

WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 1, 2017, entitled “National Night Out"; and WHEREAS, annual " National Night Out" provides a unique opportunity for Lebanon, Oregon to join forces with other communities across the country in promoting cooperative, police/community crime prevention efforts; and WHEREAS, the City of Lebanon plays a vital role in assisting the Lebanon Police Department through local joint crime prevention efforts and by supporting “National Night Out 2016” in Lebanon; and WHEREAS, it is essential that all citizens of Lebanon be aware of the importance of crime prevention programs and the impact that their participation can have on reducing such crimes; and WHEREAS, police/community partnerships, neighborhood safety, awareness and cooperation are important themes of the “National Night Out” program; NOW, THEREFORE I, Paul R. Aziz, Mayor of the City of Lebanon, do hereby proclaim Tuesday, August 1 , 2017 as “NATIONAL NIGHT OUT” in our city and call upon all citizens of Lebanon to join the Lebanon Police Department and the National Association of Town Watch in supporting annual National Night Out.

Paul R. Aziz, Mayor City of Lebanon, Oregon In Witness Whereof, I Hereunto Cause the Great Seal of the City of Lebanon to be affixed on this 12th Day of July 2017. Linda Kaser, City Clerk

“National Night Out" August 1, 2017”

PROCLAMATION

Agenda Item 1

925 S. Main Street Lebanon, Oregon 97355 TEL: 541.258.4906 [email protected] www.ci.lebanon.or.us Community Development

This is a request by the property owner to annex approximately 0.44 acres of land to the City. The subject property is located on the east side of Stoltz Hill Road, approximately 175-feeet north of its intersection with Kees Street. The site address is 2245 Stoltz Hill Road. The annexation will allow the extension of City sewer to the property. The Lebanon Comprehensive Plan Map designates the subject land as Residential Mixed Density (C-RM), and as required by the Lebanon Development Code, the land is assigned the Residential Mixed Density (Z-RM) zone upon annexation. The Planning Commission conducted a public hearing regarding this annexation on June 21, 2017, finding the application complies with the decision criteria contained in the Lebanon Development Code and voted unanimously to recommend City Council approval of the application. Exhibit “B” of the attached Ordinance contains the Planning Commission findings in support of the request. Staff will review the material at the public hearing. It is the recommendation of the Planning Commission that the City Council approve the application to annex the subject property and to establish the Residential Mixed Density (Z-RM) zone on the newly annexed property.

To: Lebanon City Council

From: Walt Wendolowski, AICP Community Development Director

Subject: Annexation and Zoning of Property Planning File: 17-04-11 Applicant: Dave and Joyce Staup

Date: July 5, 2017

NOTICE OF PUBLIC HEARING LEBANON CITY COUNCIL NOTICE IS HEREBY GIVEN that a public hearing will be held before the Lebanon City Council on July 12, 2017 at 6:00 p.m. in the Santiam Travel Station located at 750 S 3rd Street, to afford interested persons and the general public an opportunity to be heard and give testimony concerning the following matter:

Planning Case No.: 17-04-11

Applicant: David & Joyce Staup

Location: 2245 Stoltz Hill Road

Map & Tax Lot No.: 12S02W15CA03300

Request: Annexation Request: The applicant is requesting Annexation of approximately a .44 acre territory comprised of one tax lot. The property is currently designated Residential Mixed Density (C-RM) and will be assigned a Residential Mixed Density (Z-RM) zoning designation. Decision Criteria: Lebanon Development Code: Chapter 16.20 – Review and Decision-Making Procedures and Chapter 16.26 – Annexations. Planning Commission Recommendation: A public hearing was held before the Planning Commission on June 21, 2017. The Commission voted to recommend City Council approval of the zone change.

Providing Comments: CITIZENS ARE INVITED TO ATTEND the public hearings and give written or oral testimony (after presentation of the staff report) that addresses applicable decision criteria during that part of the hearing process designated for testimony in favor of, or opposition to, the proposal. If additional documents or evidence are provided in support of the application subsequent to notice being sent, a party may, prior to the close of the hearing, request that the record remain open for at least 7 days so such material may be reviewed.

Obtain Information: A copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and will be provided at the cost of 25 cents per single-sided page. If you have questions or would like additional information, please contact City of Lebanon Community Development Department, 925 Main Street; phone 541-258-4906; email [email protected].

Appeals: Failure to raise an issue in the hearings, in person or by letter, or failure to provide sufficient specificity to afford the decision-makers an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue. Please contact our office should you have any questions about the appeals process.

Upon request, the City will provide an interpreter for hearing impaired for hearing impaired persons. To request an interpreter, please call 541-258-4906 no less than 48 hours prior to the public hearing.

Bill No. 2017-13; Ordinance No. 2901 Page 1 of 10

A BILL FOR AN ORDINANCE ANNEXING AND ) ORDINANCE BILL NO. 2017-13 ZONING PROPERTY FOLLOWING CONSENT ) FILED WITH THE CITY COUNCIL BY ) LANDOWNERS IN SAID AREA PURSUANT TO ) ORDINANCE NO. 2901 ORS 222.120 AND ORS 222.170 ) File 17-04-11; DAVE & JOYCE STAUP )

WHEREAS, the City of Lebanon has received a submission by written request for

annexation of real property to the City of Lebanon, herein described in Exhibit “A”; and,

WHEREAS, on June 21, 2017, the Planning Commission for the City of Lebanon

conducted a hearing on Planning File No. 17-04-11, making findings recommending

annexation of the subject property and establishment of the Residential Mixed Density (Z-RM)

zone; and

WHEREAS, after conducting the hearing and considering all objections or

remonstrance regarding the proposed annexation, and further considering the

recommendation of the Lebanon Planning Commission, the City Council finds that this

annexation is in the best interest of the City and of the contiguous territory.

NOW, THEREFORE, the City of Lebanon ordains as follows:

Section 1. Findings. In addition to the findings referred to above, the City Council further adopts and finds those matters contained in Exhibit “B” which is incorporated herein by this reference as if fully set forth at this point.

Section 2. Annexation Area. Based upon the findings contained above and in

Exhibit “B”, the contiguous territory described in Exhibit “A” and incorporated herein by this reference as if fully set forth at this point is hereby proclaimed to be annexed to the City of Lebanon, and zoned as indicated in accordance with the Lebanon Development Code, and assigned the zoning of Residential Mixed Density (Z-RM).

After Recording Return to: City Clerk’s Office City of Lebanon 925 S. Main Street Lebanon, OR 97355

Reserved for Recording

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Section 3. Record. The City Recorder shall submit to the Oregon Secretary of

State a copy of this Ordinance. The City Recorder is further ordered to send a description by metes and bounds, or legal subdivision, and a map depicting the new boundaries of the City of Lebanon within ten (10) days of the effective date of this annexation ordinance to the Linn County Assessor, Linn County Clerk and the Oregon State Department of Revenue.

Passed by the Lebanon City Council by a vote of ______ for and ______ against

and approved by the Mayor this 12th day of July, 2017.

Paul Aziz, Mayor Bob Elliott, Council President

Attested: Linda Kaser, City Clerk / Recorder

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EXHIBIT “A”

ANNEXATION LEGAL DESCRIPTION

An area of land in the Southwest Quarter Section 15, Township 12 South, Range 2 West, Willamette Meridian, more particularly described as follows:

Beginning at the southwest corner of Lot 18, Arnold Subdivision, Linn County, Oregon, said point also being on the east right of way of Stoltz Hill Road; thence North 89°50'00" West 64.68 feet to the west right of way of Stoltz Hill Road; thence North 22°06'00" East 71 .15 feet; thence leaving west right of way South 89°50'00" East 64.68 feet to the East right of way of Stoltz Hill Road; thence South 89°50'00" West 278.90 feet to a point of the east line of said Lot 18; thence along said lot line South 0°09'00" East 66.00 feet to the southeast corner of said Lot 18; thence along the south lot line of said Lot 18 North 89°50'00" West 305.86 feet to the point of beginning.

The above described area contains 23,565 square feet.

of 10 EXHIBIT B

EXHIBIT B LEBANON CITY COUNCIL FINDINGS

I. NATURE OF THE APPLICATION

This matter comes before the Lebanon City Council on the application of the Dave and Joyce Staup to annex property and establish the Residential Mixed Density (Z-RM) zone on the newly annexed property.

II. BACKGROUND INFORMATION A. Site Location The subject property is located on the east side of Stoltz Hill Road, approximately 175-feet north of its intersection with Kees Street. The site address is 2245 Stoltz Hill Road and the Linn County Assessor Map places the property within Township 12 South; Range 2 West; Section 15CA; Tax Lot 3300. B. Site Development and Zoning The subject 0.44-acre parcel contains a single-family home and fronts on a public street. Services include a private well and sanitary septic system. The property is designated Residential Mixed Density (C-RM) in the Lebanon Comprehensive Plan. C. Adjacent Zoning and Land Uses Land to the west is in the City and zoned Residential Mixed Density. All remaining land is within the County and designated C-RM. The dominant land use is single family homes on large lots. D. Proposal The applicants are requesting approval to annex the property, establishing the Residential Mixed Density (Z-RM) zone.

III. PUBLIC HEARING A. Planning Commission Action On June 21, 2017, the Lebanon Planning Commission held a public hearing on this application. At the hearing, Planning File 17-04-11 was made a part of the record. The City noticed the hearing pursuant to Chapter 16.20 of the Lebanon Development Code. No objection was raised as to jurisdiction, evidence or testimony presented at the hearing. At the conclusion of the hearing, the Planning Commission deliberated on the issue and voted to recommend the City Council approve the proposed Annexation and establishment of the Residential Mixed Density zone. The Commission found the proposed changes consistent with the applicable decision criteria.

of 10 EXHIBIT B

B. City Council Action On July 12, 2017, the Lebanon City Council held a public hearing on this application. At the hearing, Planning File 17-04-11 was made a part of the record. Notice of the hearing was provided pursuant to Chapter 16.20 of the Lebanon Development Code. No objection was raised as to jurisdiction, evidence or testimony presented at the hearing. At the conclusion of the hearing, the City Council deliberated on the issue and voted to approve the proposed Annexation and establishment of the Residential Mixed Density zone. The Council found the proposed requests consistent with the applicable decision criteria.

IV. FINDINGS OF FACT-GENERAL

The Lebanon City Council, after careful consideration of the testimony and evidence in the record, adopts the following General Findings of Fact: A. The applicants are Dave and Joyce Staup. B. The subject property is located on the east side of Stoltz Hill Road, approximately 175-

feet north of its intersection with Kees Street. The site address is 2245 Stoltz Hill Road (Township 12 South; Range 2 West; Section 15CA; Tax Lot 3300).

C. The parcel contains approximately 0.44 acres. D. The property contains a single-family home and fronts on a public street. Services

include a private well and sanitary septic system. E. The property is designated Residential Mixed Density (C-RM) in the Lebanon

Comprehensive Plan.

F. Land to the west is in the City and zoned Residential Mixed Density. All remaining land is within the County and designated C-RM. The dominant land use is single family homes on large lots.

G. The applicant is requesting approval to annex the property, establishing the Residential

Mixed Density (Z-RM) zone. H. The decision to approve or deny shall be based on criteria contained in the Lebanon

Development Code, Chapter 16.26 – Annexations.

V. APPLICATION SUMMARY

A. The request would annex the property and establish the Residential Mixed Density (Z-RM) zone upon annexation. The purpose of the annexation is to allow extension of public sanitary sewer to replace a failed in-ground septic system.

B. The Department mailed notice of the application to affected agencies, area property owners and the Department of Land Conservation and Development. City Engineering services reviewed the request and offered no comments. No other agency or property owner responded.

of 10 EXHIBIT B

VI. CRITERIA AND FINDINGS A. The subject area is located within the City’s Urban Growth Boundary (UGB) and is eligible

for annexation into the City limits. Annexation application and review requirements are contained in Chapter 16.26 of the Lebanon Development Code. Annexations require a hearing before the Planning Commission and City Council. The purpose of the Commission hearing is to review the request and recommend whether the Council should approve or deny the Annexation.

B. Chapter 16.26 establishes the Annexation review criteria. Sections 16.26.010 and

16.26.020 establish the purpose of an annexation and the first assignment of zoning. The annexation transfers jurisdiction from Linn County to the City and establishes the appropriate zoning on the property consistent with the Plan Map designation. In this case, the only applicable zone is Residential Mixed Density.

C. Section 16.26.030 notes an annexation is necessary to establish the appropriate zone,

consistent with the zoning matrix (Table 16.26-1). Plan map amendments are only required if there is a corresponding change in the Plan map. Further, proposed amendments to the Plan map (and corresponding zone map) must conform to provisions in Chapter 16.27. For the record, the application does not include a request to change the Plan designation and corresponding zone.

D. Section 16.26.040 identifies the relationship between annexation and City facility plans. It

notes anticipated densities and levels of development are factored into the City’s facility plans, including the Transportation System Plan. Therefore, additional inquiries into the sufficiency of these services is not required.

E. Section 16.26.050 stipulates all annexations be processed as legislative actions requiring hearings before both the Planning and City Council. This Section also lists application requirements. For the record, the application and process are consistent with the provisions in this Section.

F. Section 16.26.060 contains the decision criteria for an annexation with specific

requirements in Section 16.26.060.A. This Section requires compliance with provisions in the City Annexation Ordinance and Lebanon Comprehensive Plan, Chapter 3 – Urbanization. Essentially, the Annexation Ordinance and Comprehensive Plan decision criteria are the same. The findings are combined to avoid duplication:

1. Annexation Ordinance Section 1. – This Section identifies the document as the

Annexation Ordinance for the City of Lebanon and does not contain decision criteria.

2. Annexation Ordinance Section 2. - All Annexations shall conform to the

requirements of the Lebanon Municipal Code, Annexation Ordinance, Lebanon Land Development Ordinance (i.e., Development Code), City of Lebanon/Linn County Urban Growth Management Agreement, and shall be consistent with applicable State law. Comprehensive Plan Annexation Policy #P-19: [The City shall] recognize and act on the basis that all annexations shall conform to the requirements of the Lebanon

of 10 EXHIBIT B

Municipal Code, Annexation Ordinance, Lebanon Land Development Ordinance, City of Lebanon/Linn County Urban Growth Management Agreement (UGMA), and shall be consistent with applicable State law. FINDINGS: For this criterion, the proposed annexation application and process conform to the requirements of the Annexation Ordinance.

3. Annexation Ordinance Section 3. - All Annexations shall be consistent with the goals and policies of the Lebanon Comprehensive Plan.

Comprehensive Plan Annexation Policy #P-20: [The City shall] recognize and act on the basis that all annexations shall be consistent with the goals and policies of the Lebanon Comprehensive Plan. FINDINGS: The Annexation Ordinance policies are consistent with, and often mirror, the Comprehensive Plan Annexation Policies. The State acknowledges that the City’s Comprehensive Plan complies with all applicable Statewide Planning Goals and statutes, recognizing the consistency of the Plan goals and policies. Therefore, compliance with the applicable Comprehensive Plan policies ensures compliance with the Annexation Ordinance. Findings in the following Sections detail this proposal’s compliance with all applicable policies.

4. Annexation Ordinance Section 4. - All lands included within the Urban Growth

Boundary are eligible for annexation and urban development. Areas within the Urban Growth Boundary with designated environmental constraints may be annexed and utilized as functional wetlands, parks, open space and related uses. Comprehensive Plan Annexation Policy #P-21: [The City shall] recognize and act on the basis that all lands included within the Urban Growth Boundary are eligible for annexation and urban development. (Areas within the Urban Growth Boundary with designated environmental constraints may be annexed and utilized as functional wetlands, parks, open space and related uses.) FINDINGS: The proposed annexation complies as the subject area is within the City’s UGB and can be developed for urban uses.

5. Annexation Ordinance Section 5. - The City shall only annex land that is

contiguous to the existing City limits and is within the City’s Urban Growth Boundary.

Comprehensive Plan Annexation Policy #P-22: [The City shall] only annex land

that is contiguous to the existing City limits and is within the City’s Urban Growth Boundary (UGB).

FINDINGS: City limits are located to the west of the subject property; therefore, the

site is eligible for annexation. 6. Annexation Ordinance Section 6. - An annexation shall be deemed orderly if the

annexation territory is contiguous to the existing City limits. An annexation is efficient if the annexation territory can be developed or redeveloped to an urban

of 10 EXHIBIT B

use. Urban uses may include functional wetlands, parks, open space and related uses.

Comprehensive Plan Annexation Policy #P-23: [The City shall] deem an

annexation orderly if the annexation territory is contiguous to the existing City Limits, and deem an annexation efficient if the annexation territory can be developed or redeveloped to an urban use (urban uses may include functional wetlands, parks, open space and related uses).

FINDINGS: The proposed annexation complies with the above noted criteria as

follows: (a) Since the area is contiguous to existing City limits, the annexation is

considered orderly. (b) The property can be served by public utilities and located within an area

containing urban-levels of development. (c) Based on information in the Comprehensive Plan, there are no designated

environmental constraints associated with the site. 7. Annexation Ordinance Section 7. - Development proposals are not required for

annexation requests. Comprehensive Plan Annexation Policy #P-24: [The City shall] recognize and act

on the basis that development proposals are not required for annexation requests. FINDINGS: This application does not include a concurrent development or

redevelopment proposal.

8. Annexation Ordinance Section 8. - As part of the annexation process of developed property or properties, the City shall consider the anticipated demands to access key City-provided urban utility services, which are water, storm drainage, sanitary sewerage, and streets, of existing development within the annexation territory.

Comprehensive Plan Annexation Policy #P-25: [The City shall] consider as part of

the annexation process of developed property or properties, the anticipated demands to access key City-provided urban utility services, which are water, storm drainage, sanitary sewerage, and streets, of existing development within the annexation territory.

FINDINGS: Needed City services (in this case sanitary sewer) can be extended to serve the property.

9. Annexation Ordinance Section 9. - As part of the annexation process of developed

property or properties, the City shall consider the impacts on key City-provided urban utility services needed to serve these properties, which are water, storm drainage, sanitary sewerage, and streets.

Comprehensive Plan Annexation Policy # P-26: [The City shall] Consider as part of

the annexation process of developed property or properties, the impacts on the capacities of key City-provided urban utility services needed to satisfy the anticipated demands of the properties discussed in P-25 above.

of 10 EXHIBIT B

FINDINGS: Services can be extended to the site and there are no identified

capacity issues regarding existing or potential development of the property.

10. Annexation Ordinance Section 10. - Needed Public rights-of-way, as identified in adopted transportation plans as necessary for the safe and efficient movement of traffic, bicycles and pedestrians, shall be dedicated to the City either with annexation or when the property develops and/or redevelops and thus creates an increased demand for the benefits and utility provided by additional rights-of-way dedication.

FINDINGS: Additional right-of-way dedication and street improvements are

unnecessary for the annexation. 11. Annexation Ordinance Section 11. - Upon annexation, the annexation territory

shall be assigned zoning classifications in accordance with the adopted Comprehensive Plan Map, as shown in the City’s Annexation Zoning Matrix. Such zoning assignments in and of themselves are not a zoning map change and shall not require approval of a zoning map amendment, or a separate proceeding.

FINDINGS: This subject area is designated Residential Mixed Density in the

Comprehensive Plan. Consistent with the adopted Zoning Matrix, the only possible applicable zone is Residential Mixed Density.

12. Annexation Ordinance Section 12. - If a zoning designation other than one in

accordance with the Comprehensive Plan Map (shown in the Annexation Zoning Matrix) is requested by an applicant, the zoning requested shall not be granted until the Comprehensive Plan Map is appropriately amended to reflect concurrence. Such an amendment shall require a separate application, hearing and decision, which may be held concurrently with an annexation hearing and will not become effective until the annexation is complete.

FINDINGS: This Section does not apply, as the application is limited to the

proposed annexation and establishment of the RM zone.

13. Annexation Ordinance Section 13. - The areas within the Urban Growth Boundary with designated environmental constraints may be annexed and developed as functional wetlands, parks, open space and related uses.

FINDINGS: This Section does not apply, as the subject property does not include

environmentally constrained property. 14. Annexation Ordinance Section 14. - An “urban use” is hereby defined as any land

use that is authorized under the terms and provisions of the land use regulations, Zoning Ordinance (i.e., Development Code), Subdivision Ordinance, Comprehensive Plan, and other related documents of the City of Lebanon.

FINDINGS: This Section does not apply as the provisions in this Section provide a

definition and not a decision criterion.

of 10 EXHIBIT B

15. Annexation Ordinance Section 15. - At the applicant’s discretion and with the City’s concurrence, a development or redevelopment proposal for an annexation territory may be acted upon by the Planning Commission immediately following the Commission’s hearing on the annexation proposal and a decision of recommendation of approval to the City Council. However, any approval of the Planning Commission of such a development or redevelopment proposal must be contingent upon subsequent approval of the annexation by City Council.

FINDINGS: The request is limited to the proposed annexation and does not

contain a development or redevelopment proposal specific to the site. 16. Comprehensive Plan Annexation Policy # P-27: Expand the City Limits as

necessary to accommodate development, including housing, commercial, industrial, and services (that will in turn accommodate population growth).

FINDINGS: This Policy does not directly apply as the proposal simply incorporates

an existing urbanizable parcel into the City limits.

G. Section 16.26.060.B allows the City to require the abatement of non-conforming uses and/or structures prior to hearing an annexation request. Other provisions of this Code and the Lebanon Municipal Code may require abatement of certain kinds of situations before an annexation request can be approved. The City is not aware of any abatement issues related to the site.

H. Section 16.26.060.C, allows the City to identify additional site-specific evaluation criteria

based on the Lebanon Comprehensive Plan, the provisions of this Code, and the Lebanon Municipal Code. Site-specific criteria could include, but not be limited to, the following: steep slopes, natural hazards, riparian zones, wetlands water bodies, overlay zones, infrastructure development, existing conditions and failing on-site services. Such site-specific criteria do not affect the eligibility of properties for annexation, but serve as an advisory to applicants of factors that may affect future development. There are no site-specific, evaluation criteria that apply to the subject property.

I. Upon annexation, Section 16.26.020 requires the subject property to be placed in the appropriate zone. Upon annexation, the territory will automatically be assigned a City zone in accordance with the adopted Comprehensive Plan Map, and Annexation Zoning Matrix (Development Code Table 16.26-1). The only decision criterion in this process is that the Zone Classification shall be consistent with the adopted Comprehensive Plan Map (Section 16.26.020.D).

FINDINGS: The subject property is designated Residential Mixed Density (C-RM) by the

City’s Comprehensive Plan. Per Table 16.26-1, the only applicable zone is Residential Mixed Density (Z-RM). Therefore, upon annexation, the property will be zoned RM, a zone classification consistent with the Plan designation.

VII. CONCLUSION

The City Council concludes the proposed Annexation, including establishment of the Residential Mixed Density zone, complies with the applicable decision criteria.

1 DLCD Notice of Proposed Amendment or Periodic Review work Task Proposed Hearing or Urban Growth Boundary or Urban Reserve Area

THIS COMPLETED FORM, including the text of the amendment and any supplemental information, must be submitted to DLCD’s Salem office at least 35 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING ORS 197.610, OAR 660-018-0020 and OAR 660-025-0080

Jurisdiction: City of Lebanon Date of First Evidentiary Hearing: 05/17/2017 Local File Number: 17-04-12 Date of Final Hearing: 06/14/2017 Is this a REVISION to a previously submitted proposal? No Yes Original submittal date:

Comprehensive Plan Text Amendment(s) Comprehensive Plan Map Amendment(s) Land Use Regulation Amendment(s) Zoning Map Amendment(s) Transportation System Plan Amendment(s) Urban Growth Boundary Amendment(s) Periodic Review Work Task Number Urban Reserve Area Amendment(s) Other (please describe): Annexation

Briefly Summarize Proposal in plain language IN THIS SPACE (maximum 500 characters):

Has sufficient information been included to advise DLCD of the effect of proposal? Yes, text is included Are Map changes included: minimum 8½”x11” color maps of Current and Proposed designations. Yes, Maps included Plan map change from: To: Zone map change from:UGA-UGM To: Z-RL & RM Location of property (Site address and TRS): 2245 Stoltz Hill Rd (T12S; R2W;S15CAB; TL03300 Previous density range:1/du/ac New density range: 20du/ac Acres involved: 0.44 Applicable statewide planning goals:

Is an exception to a statewide planning goal proposed? YES NO Goal(s):

Affected state or federal agencies, local governments or special districts (It is jurisdiction’s responsibility to notify these agencies.

Local Contact person (name and title): Walt Wendolowski, AICP Phone: 541-258-4252 Extension: Address: 925 South Main Street City: Lebanon Zip: 97335- Fax Number: 541-258-4955 E-mail Address: [email protected]

- FOR DLCD internal use only - DLCD File No ___________________________

Request to Annex .44 acres to the City of Lebanon, and, establish the Residential Mixed Density (Z-RM) Zone on the newly annexed property. Proposed Zoning conforms to Comprehensive Plan Map designation.

SUBMITTAL INSTRUCTIONS

This form must be submitted to DLCD at least 35 days prior to the first evidentiary hearing. per ORS 197.610, OAR Chapter 660, Division 18 and OAR Chapter 660, Division 25

1. This Form 1 must be submitted by a local jurisdiction. Individuals and organizations may not submit

a comprehensive plan amendment for review or acknowledgment. 2. When submitting a plan amendment proposal, please print a completed copy of Form 1 on light

green paper if available. 3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation

must include the text of the amendment and any other information necessary to advise DLCD of the effect of the proposal. “Text” means the specific language proposed to be amended, added to or deleted from the currently acknowledged plan or land use regulation. A general description of the proposal is not adequate. Please submit Form 1 with ALL supporting documentation.

4. Maps: Submittal of a proposed map amendment must also include a map of the affected area

showing existing and proposed plan and zone designations. The map must be legible, in color if applicable and printed on paper no smaller than 8½ x 11 inches. Please provide the specific location of property: include the site address (es) and Township/Range/Section/tax lot number. Include text regarding background, justification for the change, and the application if there was one accepted by the local government.

5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the

proposed language of the exception.

6. Unless exempt by ORS 197.610(2), proposed amendments must be submitted to DLCD’s Salem office at least 35 days before the first evidentiary hearing on the proposal. The 35 days begins the day of the postmark, or, if submitted by means other than US Postal Service, on the day DLCD receives the proposal in the Salem Office. The first evidentiary hearing is typically the first public hearing held by the jurisdiction’s planning commission on the proposal.

7. Submit one paper copy of the proposed amendment including the text of the amendment and any

supplemental information and maps (for maps see # 4 above).

8. Please mail the proposed amendment packet to:

ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT

635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540

9. Need More Copies? Please print forms on 8½ x11 green paper if available. If you have any questions or

would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail [email protected].

http://www.oregon.gov/LCD/forms.shtml Updated February 14, 2012

Agenda Item 2

Finance Department 925 S. Main Street

Lebanon, Oregon 97355

TEL: 541.258.4212 [email protected]

www.ci.lebanon.or.us

To: Mayor and City Council Date: July 1, 2017

From: Tina Huff, Finance Director (AIC)

Subject: Budget Resolution Levying Taxes

Per Sandy at the Linn County Assessor’s office, the State of Oregon requires the delinquent sewer and storm drain charges to be listed on the resolution levying taxes. The problem is the resolution levying taxes needs to be approved by the City Council by June 30 each year and the amount of the delinquent sewer and storm drain charges are not available until July 1 each year. This will require the City to approve the resolution levying taxes in June and then amend the resolution each July. We are amending Resolution No. 2017-18 to reflect the delinquent sewer and storm drain assessments. All other provisions of Resolution No.2017-18 remain in effect as of the date of its passage. This resolution is effective immediately upon its passage.

Council action: Staff requests Council approval of the resolution amending Resolution 2017-18.

Resolution No. 2017-28 Page 1 of 1

A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 18 (2017 – LEVYING TAXES FY 2017-18) TO INCLUDE DELINQUENT SEWER AND STORM DRAIN ASSESSMENTS

) ) ) )

RESOLUTION NO. 2017-28

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LEBANON AS FOLLOWS:

Section 1. The City of Lebanon hereby levies the taxes provided for in the adopted budget at the rate of $5.1364/$1,000 of assessed valuation for operations, and in the amount of $1,520,135 for debt service and that these taxes are hereby levied upon the assessed value of all taxable property within the City of Lebanon.

The following allocation and categorization subject to the limits of Section 11b, Article XI of the Oregon Constitution make up the above aggregate levy:

Subject to the General Excluded from Governmental Limitation the Limitation Permanent Rate $5.1364/$1,000 General Obligation Bond Debt $ 1,520,135 Delinquent Sewer Charges $ 42,555.06 Delinquent Storm Drain Charges $ 6,175.74

Section 2. This Resolution is effective immediately upon its passage.

Passed by the Lebanon City Council and executed by the Mayor on this 12th day of July, 2017 by a vote of ____yeas and ____nays.

CITY OF LEBANON, OREGON

Paul R. Aziz, Mayor Bob Elliott, Council President

ATTESTED BY: ______________________________ Linda Kaser, City Clerk

Agenda Item 3

[Type here]

City Manager Report – June 2017 Page 1 of 7

I. A. ADMINISTRATION – Gary Marks, City Manager

Month in Review: The following provides the highlights of my work during the month of June • June 1st and 2nd were consumed by final work with staff to prepare for the Grand Opening of Strawberry

Plaza, which occurred the afternoon of June 2nd. Completion of the new park and the successful staging of the Grand Opening event was due to the focused efforts of many members of the City’s staff team. I once again send my thanks and congratulations to each member involved for a job well done!

• I worked with Larry Spires, members of staff and Attorney Kennedy to finalize the Mill Race Development Agreement. The Council and Urban Renewal Board approved the new agreement at the June 14th meeting.

• I attended a meeting of East Linn County RAIN (a new entrepreneurial support organization) held at Conversion Brewery on June 5th. This is the organization the City and LBCC hopes will occupy the former JC Penney Building on Main Street to provide business incubator services.

• The Library Director Interview Panel met on June 6th to interview Kendra Antila for the director’s position. As previously announced, the position was subsequently offered to Kendra followed by her acceptance. We are excited to welcome Kendra to her new position beginning the first week of July.

• Kendra Antila and I have met twice since her appointment to prepare for her transition to the Library Director position. I am looking forward to her thoughtful and forward-thinking leadership in the coming months and years.

• Staff and I have continued to work with Mayor Aziz to plan and prepare for the Oregon Mayors’ Conference occurring July 27th – 30th. This will be a great opportunity for the Lebanon community to showcase itself to community leaders from throughout Oregon. I am looking forward to a very successful event.

• I met with Brad Cochran and Greg Hogan of Dave Smith Decoys (DSD), Inc, which is located in Lebanon. DSD makes high quality hunting decoys that are sought after by hunters around the world. Our meeting explored the possibility of DSD providing turkey forms to the Lebanon Arts Commission for a community art event being planned for next Summer.

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