Loading...
June 10, 2024 agenda YOR CITY OF WOODBURN FRANKLOUNCILO WARD DEBBIE CABRALES,COUNCILOR WARD 1 MARK WILK,COUNCILOR WARD II CITY COUNCIL AGENDA JEN CANTU,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V JUNE 10, 2024 — 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER, FLAG CEREMONY AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Library will be closed on June 19, 2024, in observance of Juneteenth. Transit hours will be 8:00 a.m. to 3:00 p.m. The Aquatic Center will be open regular hours. B. Taste of Woodburn: The City of Woodburn invites everyone to enjoy a family-friendly weekend of live entertainment, local vendors, and tons of great food! • Saturday, June 22 12:00pm-9:00pm • Sunday, June 23 12:00pm-6:00pm Woodburn Downtown Plaza - off N 1 st St. between Garfield St. and West Hayes St. C. The City Council Meeting /Community BBQ is scheduled to take place on Tuesday, July 9, 2024, at 6:00 p.m. to coincide with the Kick-off of Music in the Park. A1212ointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas Clue no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** June 10, 2024 Council Agenda Page i Proclamations: None. Presentations: A. Woodburn Bulldogs Boys Basketball Team B. City Council Work Session for a Legislative Amendment to the 1 Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02) 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of May 13, 2024 35 Recommended Action: Approve the minutes. B. Liquor License Application for Los Reyes Delicias y Mas 38 Recommended Action: Recommend the OLCC approve the Liquor License Application for Los Reyes Delicias y Mas. C. Acceptance of Easement at 1050 North Boones Ferry Road (Tax Lot 40 051 W07BD02400) Recommended Action:Authorize the acceptance of a Public Utility Easement (PUE) by Woodburn Evangelical Church, for real property at 1050 North Boones Ferry Road and identified as Tax Lot 051 W07BD02400. D. Building Activity for May 2024 45 Recommended Action: Receive the report. E. Redflex Report for February through April 2024 46 Recommended Action: Receive the report. 9. TABLED BUSINESS None. June 10, 2024 Council Agenda Page ii 10. PUBLIC HEARINGS A. Fiscal Year (FY) 2024-25 City Budget Adoption 47 Recommended Action: Conduct a public hearing to consider the budget as approved by the Budget Committee. B. Fiscal Year 2024-25 Resolution Regarding State Revenue Sharing 49 Recommended Action: Conduct a public hearing to receive comment on the possible uses/distributions of state revenue sharing funds 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3253 - A Resolution Adopting the Fiscal Year(FY) 2024- 50 25 Budget; Making Budget Appropriations; and Categorizing Taxes Recommended Action:Adopt the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY 2024-25. B. Council Bill No. 3254 - A Resolution Declaring the City of Woodburn's 52 Eligibility and Election to Receive State Revenue Sharing Recommended Action: Adopt a resolution declaring the City's eligibility and election to receive these funds. C. Award of Construction Contract for the City Hall Basement Remodel 54 Project Recommended Action: (1) Award the public improvement construction contract for the City Hall Basement Remodel Project to the lowest responsible and responsive bidder, GR Smith Construction Corporation in the amount of $522,586.00. (2) Preauthorize approval of contract change orders or amendments of up to $100,000 for this project. D. Oregon Department of Transportation (ODOT) 57 Transportation Safety Office (TSO) Sustained DUII Enforcement Program Funding - Woodburn Police Department Recommended Action:Authorize staff to proceed with the ODOT TSO application for the Woodburn Police Department Sustained DUII Enforcement Program Funding Project and, if funding is awarded, authorize the City Administrator to execute grant agreements. June 10, 2024 Council Agenda Page iii 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). 16. ADJOURNMENT June 10, 2024 Council Agenda Page iv 4?4 „g a fun... WTOODBURN In or� arn reA 188 June 10, 2024 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director c 'r Dan Handel, Planner Subject: City Council Work Session for a Legislative Amendment to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02) ISSUE BEFORE THE CITY COUNCIL: This is a work session to discuss a proposed legislative amendment to the Woodburn Development Ordinance (WDO) regarding food cart regulations and get any feedback from the Council. No actions are required at this time. Staff anticipates holding a public hearing at the next City Council meeting. EXECUTIVE SUMMARY: On August 28, 2023, the City Council passed Resolution No. 2218 initiating a broad scope of legislative amendments to the WDO. Regulations for food carts was one of the topics included in the resolution. Throughout the spring of 2024, the Planning Commission held three work sessions to discuss food carts, food cart pods, and how to regulate them. The work sessions were open to the public and Commissioners heard from various food cart operators, pod managers, and members of the public. Through these work sessions, the Commission drafted regulations that prioritize food cart facilities that are safe, clean, attractive, and accessible. Commissioners were also intentional about wanting to lower the bar of entry for commercial and industrial property owners to develop food cart pods. Agenda Item Review: City Administrator_x_ City Attorney_x 1 At their May 23rd meeting, the Planning Commission held a public hearing and unanimously recommended approval of the attached WDO amendment package. Proposed amendments can be summarized as: • Allowing food cart pods in all commercial and industrial zoning districts, and requiring food carts to be located within a pod; • Outlining development review criteria for food cart pods (pavement, parking, landscaping, walkways, seating areas, etc.); • Requiring all food carts within a pod be connected to municipal water and sewer; • Requiring street improvements similar to what would be required for a single-family dwelling; • Specifying a review process for food cart pods; and • Clarifying when food carts are eligible to apply for a Special Event Permit. Staff supports the proposed amendments. As part of the work session, please provide staff with any feedback or questions on the proposed amendments. Attachment: Proposed WDO amendments 2 Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9,2002 Acknowledged December 22,2006 Amended by Ordinance 2423 on July 28,2007 Amended by Ordinance 2446 on September 8,2008 Amended by Ordinance 2465 on March 24,2010 Amended by Ordinance 2473 on December 13,2010 Amended by Ordinance 2480 on September 26,2011 Amended by Ordinance 2492 on September 10,2012 Amended by Ordinance 2509 on August 12,2013 Amended by Ordinance 2510 on September 23,2013 Amended by Ordinance 2520 on July 28,2014 Amended by Ordinance 2526 on February 9,2015 Amended by Ordinance 2538 on September 26,2016 Amended by Ordinance 2541 on November 14,2016 Amended by Ordinance 2544 on January 9,2017 Amended by Ordinance 2561 on July 9,2018 Amended by Ordinance 2562 on September 10,2018 Amended by Ordinance 2573 on June 24,2019 Amended by Ordinance 2579 on April 13,2020 Amended by Ordinance 2602 on May 9,2022(LA 21-01) Amended by Ordinance 2603 effective June 30,2022(LA 21-02) Amended by Ordinance 2621 on February 26,2024(LA 21-03) 3 '� ��|� m�����'�'���'�� mzmu�m�m� ���' °~���� mm��� m �� VOLNME1 ORGANIZATION AND STRUCTURE 1.01 �1mcmre.................................................................................................................................3 1.02 lDefilli1ions..............................................................................................................................7 1.03 ------------------------------------29 1.04 --------------------------31 ssion 1.05 -----------------------------------.35 llW -----------------------------------.39 VOLUME LAND USE ZONING AND SPECIFIED USE STANDARDS 2.01 General Provisions-------------------------------------4l 2.02 -------------------------------------'45 Commercial/ones 2l8 -------------------------------------.69 2.04 --------------------------------'83 2.05IS--------------------------------------.93 2.06 -----------------------------------]07 2�7 �1��d�lses........................................................................................................................III 2l8 ---------------------------------l29 VOLNME3 DEVELOPMENT GUIDELINES AND STANDARDS 3.01 —l35 3.02 ----------------------------------]57 3.03 ---------------------------------l6l 3.04Vehicular& 3i -------------------------'167 cad- 3.05 ------------------------------l8l 3lW1,�������........................................................................................................................205 3.07 -----------------------------------.227 3l8 --------------------------------257 3.09 Planned Unh Devek --------------------------------259 3]0 �b�s-------------------------------------------'27l 3]1 12L --------------------------------295 VOLK]ME 4 ADMINISTRATION AND PROCEDURES 4.01 -------------------------------299 4.02 -------------------------3l3 VOLNME5 APPLICATION REQUIREMENTS 5.01 ----------------------------323 5�� ------------------------33l 5l8tyeLH ----------------------------341 'i"11 Dec ions 5.04 ---------------------------'35l 4 1.02 Definitions Note:Terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary,2010 edition(see Section 4.02.06.B.6.) Abutting:Touching on the edge or on the line,including at a corner.It shall include the terms adjacent,adjoining and contiguous. Access:The place,means or way by which pedestrians or vehicles have ingress and egress to and/or from a lot or use. Accessory Building,Structure or Use:A detached building,structure or use which is incidental and subordinate to,and supports the primary use on,the same premises. Accommodations: • Bed and Breakfast Inn:A single-family dwelling with at least one room offered to the general public for lodging on an overnight or weekly basis,with a meal provided. • Hotel:A building in which rooms are offered to the general public for lodging on an overnight or weekly basis,where the primary entrance is through a lobby or foyerwith internal circulation to the rooms. • Living Unit:A room or suite of rooms,providing living and sleeping facilities for one or more persons where either cooking or eating and/or sanitation facilities are shared.In a rooming and boarding house,each bed rented for compensation is a"Living Unit."Note: Living unit is not synonymous with"dwelling unit." • Motel:a group of attached or detached buildings,in which more than five rooms are offered to the general public for lodging on an overnight or weekly basis,where the rooms have direct access to the outside without the necessity of passing through the main lobby of a building. • Rooming and Boarding House:A residential building or portion thereof with guest rooms,providing lodging or lodging and meals,for three or more persons for compensation. ADA: The acronym refers to the federal Americans with Disabilities Act(1992)and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. Adjacent:Near,close or bordering but not necessarily contiguous with;adjoining but separated by a right-of-way. Administrative Body:The City Council,Planning Commission,Design Review Board,or staff member having the jurisdiction to hear and decide proceedings on land use actions. Alley:A public right-of-way not more than 20 feet wide and not less than 10 feet in width that provides vehicular access to property instead of or in addition to a public street,that intersects with a public street,and that can serve as a utility corridor. Distinct from"Shared Rear Lane". Woodburn Development Ordinance Chapter 1.02 Page 7 5 • Single-Family Dwelling:A detached building constructed on a single lot,containing one dwelling unit designed exclusively for occupancy by one family. • Triplex: Three(3)attached dwelling units on a lot. • Accessory Dwelling Unit(ADU)—An interior,attached,or detached residential structure that is used in connection with,or that is accessory to,a single-family dwelling. Note: Where it appears in the WDO,reference to dwelling or dwellings"other than multiple-family" excludes ADU unless a specific provision specifies otherwise. Employees:All persons,including proprietors,performing work on a premises.For calculating required off-street parking,it shall be the number present during the largest shift or peak season. Family:An individual or two or more persons related by blood,marriage,legal adoption or guardianship,or a group of not more than five persons(excluding servants)who need not be related by blood or marriage,living together in a dwelling unit."Family"shall include two or more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a single housekeeping unit. Final Action and Final Decision: The City's final decision on a permit application for which there is either no appeal to another decision-maker within the City,or,if there is the possibility of a local appeal,an appeal was not timely perfected in accordance with the Woodburn Development Ordinance. q Food Carl: l`� v4'�,l4' ,r ,1rdtl14'r,"wdtlE"61,11,or ti181(111 ddr latlrl11V 1`Xdtl1 is r4' � lD1C,olD4' b. or bvdtlll Y4141r`XPb. r 6D;', D ,,,,, ,,,,,,, pulled 6lo�k�i a sid1 :k.11 or slreel dMd is jyiI f arlly used for Ifi4' rddl4'old .../or era gcs ..fi)odtl11� bev., direcIly to Ific rolxrluuer. l',6Dod. CadrtPod.: Ar114' ro1X,l,atl1ll1111E"JY,4'tlBO11atl114'1,11 spaces..lor 1`Xr4'4,';,or BOII6Dr4' food ratl,lflr atl11d atl„tiror1atl14',,,,,,, dtl 011PDD1114DL`D4 tl 11],g,,.dtlr4'dtl`D,r4,,`D1r6D6DBDll`�k 4'1C.�41DX,b.l4'tl bv6DBDIIPlII6DDD BDIIdy d6��6�1ou6�11t,o11 lDrlvale lDrogDd�;,rty. Frontage: That portion of a lot which abuts a public street. Garage:A building,or portion of a building,which is completely enclosed and designed for the storage or parking of a vehicle. Grade:Adjacent ground elevation is the lowest point of elevation of the finished surface of the ground,paving or sidewalk within the area between the building and property line or,when the property line is more than 5 feet from the building,between the building and a line 5 feet from the building. Greenway: For purpose of applying greenway standards,the Mill Creek Greenway as the Mill Creek Greenway Plan(2006-2007 and as amended)identifies. Greenway trail: The mainline bicycle/pedestrian facility within a greenway,as distinct from spurs and supplemental paths and trails. Gross Floor Area(GFA):The sum of the gross horizontal areas of the several floors of a building,measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings,but not including: 1. Attic and basement space providing headroom of less than seven feet; 2. Uncovered steps or fire escapes; 3. Private garages,carports,or porches; Woodburn Development Ordinance Chapter 1.02 Page 16 6 1. In the case of an interior lot,a line separating the lot from the street. 2. In the case of a corner lot,a line separating the lot from the street from the architectural front of the existing or contemplated primary building. 3. In the case of a flag lot resembling Figure 1.02D example Lot 3,the lot line which is most nearly parallel to the street that provides access to the interior lot, or resembling example Lot 4 by not having a pole,then the lot line most nearly parallel to the access easement and that is closest to the easement. • Rear Lot Line: 1. In the case of an irregular,triangular,diamond,or trapezoidal shaped lot which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet,the rear line for setback purposes shall be an assumed line within the lot ten feet in length,parallel to,and at the maximum distance from,the front lot line;or 2. In any other case,the lot line opposite and most distant from the front lot line. • Side Lot Line: Any lot line,which is not a front or rear lot line. Lot Width:The horizontal distance between the side lot lines,measured at right angles to the lot depth at a point midway between the front and rear lot lines. Manufactured Dwelling Park: Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot,tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease or use facilities or to offer space free in connection with securing the trade or patronage of such person.The term does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot,if the subdivision was approved pursuant to ORS Chapter 92. • Park Space:Any area or portion of a manufactured dwelling park,which is designated or used for the placement of one manufactured dwelling and appurtenant facilities. Middle Housing:Duplexes,triplexes,quadplexes,cottage clusters,and townhouses as defined in ORS 197.758(1)(a)&(b)and OAR 660-046-0020. The WDO remains applicable if and where it adds definition,description,provisions,requirements,or standards that do not conflict with statute or administrative rule. Mini-Storage Warehouse:An area within an enclosed building or structure used for the storage of personal property for compensation. Mobile Food Service,: A trd lefing.�'oo B carr Ifial ol)en les dnt,varnanus.desfinalion s dnlann g do rains A: vegr+ , .r�•nni�r, nr.. �•ni� nn un i J nr 41e ��iI4144'6'ookiklod/nnr MUTCD: The acronym refers to the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation(U.S.DOT)Federal Highway Administration (FHWA)and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. NACTO: The acronym refers to the National Association of City Transportation Officials, which publishes the Urban Street Design Guide. Woodburn Development Ordinance Chapter 1.02 Page 19 7 2.03 Commercial Zones A. The City of Woodburn is divided into the following commercial zones: 1. The Downtown Development and Conservation(DDC)zone is the community's retail core,providing for unique retail and convenient shopping 2. The Commercial General(CG)zone is the community's primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise,equipment,or inventory. 3. The Commercial Office(CO)zone is intended primarily for office type development, with limited retail activity. 4. The Mixed Use Village(WV)is intended to promote efficient use of land that promotes employment and housing through pedestrian-oriented development. 5. The Neighborhood Nodal Commercial(NNC)zone is intended to meet the shopping needs of nearby residents in a compact commercial setting B. Approval Types(Table 2.03A) 1. Accessory Uses(A)are allowed outright,subject to the general standards of this Ordinance. 2. Conditional Uses(CU)may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. 4. Special Permitted Uses(S)are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses(SCU)may be allowed,subject to the general development standards of this Ordinance,the specific standards of Section 2.08,and conditions of Conditional Use approval. Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 Public administration,aquatic facilities,fire protection, government and public utility buildings and storage P P P P P yards Woodburn Development Ordinance Chapter 2.03 Page 69 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 2 Public and private schools,house of worship,civic and P P P P P social organizations 3 Rights-of-way,easements and improvements for streets, water,sanitary sewer,gas,oil,electric and P P P P P communication lines,stormwater facilities and pump stations. B Commercial Retail and Services 1 Ambulance service CUs CU 3 CU CU 3 2 Automotive maintenance and gasoline stations, i 6 including repair services CU CU P 3 Bakeries,delicatessens,grocery and convenience stores P P P P 4 Bowling,skating,movie and performing arts theaters P P P 5 Building material and garden equipment P 5 p 5 p 5 p 5 6 Business services P P P P 7 Computer,commercial,electric motor,precision p 4 p t p 4 p 4 equipment,industrial and home goods repair. 8 Contractors: a. Flooring and roofing b. Equipment and machinery p4 p4 p6 c. Glass and glazing d. Masonry,drywall,insulation and tile contractors e. Other types of contractors 9 Craft industries: a. Apparel manufacturing b. Leather manufacturing,furniture and related S S S S S product manufacturing,including cabinets c. Sporting goods manufacturing d. Doll,toy and game manufacturing 10 Delivery services S S S S S 11 Dry cleaning,laundry and self-service laundry service p7 P S P 12 Fitness and recreational sports P P P P P 1: p a2ard �a l 1ra;rL 14 Funeral home P P P P P 15Hospitals and ancillary uses CU s 1(� Hotels,motels and bed and breakfast inns P P P P P Woodburn Development Ordinance Section 2.03 Page 70 9 18. Office and office services and supplies P P P P P 19. Other amusements,including ballrooms p 1 20 Pawn,check cashing,payday loan and cash transfer CU P P 21 Printing,publishing,copying,bonding,finance, i-P insurance,medical,data processing,social assistance, P 7 P P P P legal services,management,and corporate offices 23. Professional services P P P 23 Restaurants and drinking places P 7 P P P P 2,1 Retail trade offering goods and services directly to p 7 P P P customers 25Spectator sports P i 20. Taxidermist CU 3 27. Veterinary service CU 3 28. Wine and liquor CU 7 P P C Industrial 1 Charter bus,special needs transportation,transit system, CU 3 school transportation,limousine service and taxi service 2 Heavy equipment and motor vehicle sales: a. Manufactured(mobile)home dealers b. Motor vehicle and parts dealers,including new car, used car,recreational vehicle,motorcycle,boat, parts and tire dealers CU 3 c. Truck dealers,including new truck,used truck, parts and tire dealers d. Tractor,farm machinery and equipment dealers e. Farm,garden and landscaping supplies 3 Manufacturing of metal products,furniture and cabinets P 4 P 6 4 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services,storage of farm products,furniture,other CU i household goods,or commercial goods,and mini- storage Woodburn Development Ordinance Section 2.03 Page 71 10 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 5 Motor vehicle towing CU s 6 Parking lots and garages P P P P 7 Recreational vehicle park CU t D Miscellaneous 1 Facilities during construction S S S S S 2 Fence or free-standing wall A A A A A 3 event= l �ba iwxwe �r lis rte yid S S S S S a4' Commented[DH1]:The allowed uses for special E Residential events are outlined under the Special Permitted Use provisions,not necessaryto list them here. 1 One dwelling unit,in conjunction with a commercial P P P P P use 2 Triplexes P CUr P P 3 Quadplexes P CUr P P 4 Townhouses P CUr P P 5 Child care facility,group home,and nursing home P 8 P 8 P 8 P 8 P 8 6 Multiple-family dwellings P CU9 CU P P Woodburn Development Ordinance Section 2.03 Page 72 11 1. Not allowed in the Gateway Overlay District 2. Only allowed in the Gateway Overlay District 3. Allowed outright if not within 200 feet of residentially zoned properties 4. Within a building,no outdoor storage or repair 5. All outdoor storage and display shall be enclosed by a seven foot masonry wall. 6. Existing uses are allowed as a permitted use,new uses are not allowed in the MUV 7. Drive-throughs are not allowed 8. Child care facility for 13 or more children,group home for six or more persons 9. Except allowed as a permitted use in the Gateway Overlay District and prohibited in the Interchange Management Area Overlay District(Amended by Ordinance 2573,passed June 24,2019) Woodburn Development Ordinance Section 2.03 Page 73 12 2.04 Industrial and Public Zones A. The City of Woodburn is divided into the following industrial and public zones: 1. The Light Industrial(IL)zone,which is intended for industrial activities that include land-intensive activities; 2. The Industrial Park(IP)zone,which is intended for light industrial activities in apark- like setting; 3. The Public and Semi-Public(P/SP)zone,which is intended for public uses,parks, schools and cemeteries. 4. The Southwest Industrial Reserve(SWIR),which is intended for employment and industries identified in the 2016 Target Industry Analysis; B. Approval Types(Table 2.04A) 1. Accessory Uses(A)are allowed outright,subject to the general standards of this Ordinance. 2. Conditional Uses(CU)may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. 4. Special Permitted Uses(S)are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses(SCU)may be allowed,subject to the general development standards of this Ordinance,the specific standards of Section 2.08,and conditions of Conditional Use approval. Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 Golf driving range P P CU 2 Parks,play grounds and associated activities,golf courses P without a driving range 3 Public administration,aquatic facilities,fire protection, p p CU P government and public utility buildings and storage yards Woodburn Development Ordinance Chapter 2.04 Page 83 13 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 4 Rights-of-way,easements and improvements for streets,water, sanitary sewer,gas,oil,electric and communication lines, P P P P stormwater facilities and pump stations. 5 Trade schools P P CU CU B Commercial Retail and Services 1 Ambulance service P P 2 Automotive maintenance and gasoline stations,including P P repair services 3 Business services P P 4 Contractors: f. Flooring and roofing g. Equipment and machinery P P P h. Glass and glazing i. Masonry,drywall,insulation and tile contractors j. Other types of contractors 5 Delivery services S S S S 6 Fitness and recreational sports P P P V a2ard dtnl I ra r s, S. S 1?,-/. Hospitals and ancillary uses P CU P Ey.'y Mobile F66od`Sservices S S S 100 Restaurants and drinking places P P P 11 Marijuana dispensaries S S C I Industrial 1 Auction houses,except livestock and poultry sales CU 2 Automotive wrecking yards CU 3 Charter buses,special needs transportation,transit system, P P school transportation,limousine service and taxi service 4 Chemical manufacturing CU CU CU 5 Distribution and E-commerce including;wholesale trade,farm P P P supplies and merchant wholesalers,packaging and labeling services. 6 Recycling center CU CU CU 7 Asphalt or Portland cement concrete batch plant CU CU 8 Commercial and industrial equipment repair,transit and p CU CU ground transportation Woodburn Development Ordinance Section 2.04 Page 84 14 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 9 Electronic and other electrical equipment and components, including manufacturing machinery,apparatus,and supplies for the generation,storage,transmission,transformation,and utilization of electrical energy;electricity distribution equipment;electrical industrial apparatus;household P P P appliances;electrical lighting and wiring equipment;radio and television receiving equipment;communications equipment; electronic components and accessories;and other electrical equipment and supplies 10 Fabricated metal products,including fabricating ferrous and non-ferrous metal products such as metal cans,tin ware,hand tools,cutlery,general hardware,non-electric heating CU CU P apparatus,fabricated structural metal products,metal forgings, metal stampings,and metal and wire products I I Industrial and commercial machinery and computer equipment,including engines and turbines;farm and garden machinery;construction,mining,and oil field machinery; elevators and conveying equipment;hoists,cranes,monorails, trucks and tractors;metalworking machinery;special industry P P P machinery;general industrial machinery;computer and peripheral equipment,computer,semiconductor,laboratory instrument,and office machinery,manufacturing;refrigeration and service industry machinery manufacturing 12 Heavy equipment and motor vehicle sales: e. Manufactured home dealers f Motor vehicle and parts dealers,including new cars,used cars,recreational vehicles,motorcycles,boats,parts and tire dealers S S g. Truck dealers,including new trucks,used trucks,parts and tire dealers h. Tractor and farm machinery and equipment dealers i. Farm,garden and landscaping supplies Woodburn Development Ordinance Section 2.04 Page 85 15 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 13 Manufacturing: a. Apparel manufacturing b. Beverage,food and tobacco c. Furniture and related products d. Leather and allied products P P P e. Paper,limited to assembly f. Metal product manufacturing g. Miscellaneous manufacturing h. Plastics and rubber i. Textile products 14 Motor freight transportation and warehousing,including local or long-distance trucking or transfer services,storage of farm P P P products,furniture and other household goods,commercial goods,and mini-storage 15 Non-depository credit institutions engaged in extending credit P P in the form of loans,but not engaged in deposit banking 16 Paper manufacturing CU 17 Parking lots and garages P P 18 Petroleum and coal products manufacturing with all storage CU underground 19 Printing,publishing,and allied industries p p p 20 Professional services including software publishers P P 21 Stone,clay,glass,and concrete products including manufacturing flat glass,other glass products,cement, structural clay products,pottery,concrete and gypsum P products,cut stone,abrasive and asbestos products,and other products from materials taken principally from the earth in the form of stone,clay,and sand 22 1 Telecommunication facilities subject to Section 2.08.03 SCU SCU SCU 23 Wholesale trade in durable and non-durable goods P P P 24 Wood product manufacturing P P P D Miscellaneous I Facilities during construction S S S S 2 Fence or free-standing wall A A A A Woodburn Development Ordinance Section 2.04 Page 86 16 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 3 event^ . �•�. Ari n���a-1-�-r�-� 1 � r cr S S S S d. STM. @.d�. nay�btl��,�o-n���r�l�a�n�Qi��xeo-b� x�, =icy,a�✓1� 1���n��°itl�er &rka t a1y a o-n a,t a� It� I �� � a Commented[DH2]:The allowed uses for special E Residential I I events are outlined under the Special Permitted Use provisions,not necessary to list them here. 1 One dwelling unit in conjunction with an industrial use P P P P C. Development Standards(Tables 2.04B-E) Light Industrial(IL) -Site Development Standards Table 2.04B Lot Area,Minimum(square feet) No minimum Lot Width,Minimum(feet) No minimum Lot Depth,Minimum(feet) No minimum Street Frontage,Minimum(feet) No minimum Front Setback and Setback Abutting a Street,Minimum(feet) to, Side or Rear Abutting P/SP zone or a residential zone or use 30 Setback,Minimum (feet) Abutting a commercial or industrial zone 0 or 5 2 Setback to a private access easement,Minimum(feet) 5 Lot Coverage,Maximum Not specified' Building Height, Primary or accessory structure 70 Maximum(feet) Features not used for habitation 100 1. Measured from the Street Widening Setback(Section 3.03.02),if any. 2. A building may be constructed at the property line,or shall be set back at least five feet. 3. Lot coverage is limited by setbacks,off-street parking,and landscaping requirements. Woodburn Development Ordinance Section 2.04 Page 87 17 2.07 Special Uses Special Permitted Uses are allowed outright,but are subject to additional requirements designed to ensure their compatibility with,or mitigate their impact on,surrounding(usually residential) development. 2.07.01 General Provisions 2.07.02 Boat,Recreational and Vehicle Storage Pad 2.07.03 Common Boat,Recreational and Vehicle Storage Area 2.07.04 Community Club Buildings and Facilities 2.07.05 Craft Industries 2.07.06 Delivery Services 2.07.07 [Struck] 2.07.08 Facilities During Construction 2.07.09 Golf Courses 2.07.10 Home Occupations 2.07.11 House of Worship 2.07.12 Industrial Sales 2.07.13 Manufactured Dwelling Park(MDP) 2.07.14 Manufactured Dwelling on a Lot 2.07.15 Mobile Food Services 2.07.16 Residential Sales Office 2.07.17 emporary Outdoor Mafleliig kuidSpecial Events 2.07.18 Temporary Residential Sales 2.07.19 Marijuana Dispensaries 2.07.20 Accessory Dwelling Units 10721 Cottage Cluster )� 0722 .... Food('dirt Pods. 2.07.01 General Provisions A. Application 1. Special uses are subject to specific development standards. These standards are non-discretionary,so special review of a proposed development is not required.The standards contained in this Section apply to Special Uses. 2. The standards contained in this Section may be modified through the Conditional Use process. B. Development Requirements Unless specifically modified by the provisions of this Section,special uses are also subject to the development requirements of the underlying zone.Where the special use standard imposes a more restrictive standard,the special use standard shall apply. Woodburn Development Ordinance Chapter 2.07 Page 111 18 2. No off-street parking or loading area shall be permitted within 10 feet of the side and rear lot lines. 3. Outdoor lighting shall be directed away from residential property and public streets. 2.07.05 Craft Industries A. Primary uses shall be limited to the following: 1. Apparel manufacturing 2. Other leather manufacturing 3. Furniture and related-product manufacturing 4. Sporting goods manufacturing 5. Doll,toy and game manufacturing B. The use shall have a retail storefront. C. Outdoor storage,manufacturing,assembly or staging for shipping is prohibited. D. Manufacturing and/or assembly shall be limited to either 10,000 square feet,or five or fewer full-time equivalent employees,whichever is smaller. E. The craft industry shall be continuously conducted in such a manner as not to create any off- premise nuisance,including,but not limited to,noise,odors,vibration,fumes,smoke,fire hazards,or electronic,electrical,or electromagnetic interference. 2.07.06 Delivery Servica Commented[DH3]:These are the provisions A. The use shall be limited to the delivery of packages and the sale or delivery of food and (applied to delivery services. beverages. B. The service shall be transacted from a self-contained,mobile unit. C. In conducting the sales and service,the mobile unit and delivery personnel shall be required to move to a new location at intervals of 15 minutes or less. 2.07.07 Struck [This section'Duplex" struck by Ordinance No.2603 (Legislative Amendment LA 21-02) effective June 30,2022.] 2.07.08 Facilities During Construction A. The use shall be limited to mobile offices,temporary power equipment,temporary housing for night security personnel,portable toilets,and equipment storage during construction. B. All temporary facilities necessary for construction shall be removed prior to final occupancy. Woodburn Development Ordinance Chapter 2.07 Page 113 19 required of single-family dwellings constructed under the State Building Code,as defined in ORS Chapter 455. 2.07.15 Mobile Food Servlce^sl (Commented[DH4] Pretty minimal standards ro osed for the travelin food c art rawBougrly y nllr dell ".p p 11r41ri[l l nrw� p p g A. TJslrioan,Marjl" Q n Comr t nted be5o4]peaify a base 6D�. 44 w A'(C4 aapr4'rda�,aar`�4 a $Y Y Ibv a Y 4 ------ - 4l1 all ll;y4 prwargr4>Il4 Bell areal a1w1441 aw7P.l w4w14"�^.441 44^4 r1'N"�wllla l+wwk14TMa1 hwD4w"! :41tn"4'BOV4'w114. 4'w"XOIIt1S e County c1 1�awta4wa � aw41wi14 awaal `"ro1 a1s !�6w7�4 rswBowsllnaaa awall lnrs�wasn .. .. " l " d of operations. �1 w*lPr4l'4awraw iw+w &'@w 1'8Dr Home kitchens are not allowed. ��alearl lnwnw+l pan+11Pw wa�aa�w lwwP+mu �wvw1r+ lw wwr m�.a+lw�r,. B. Business Operations;. I. "`"lydall waaaldataa d , 1 osloly awwl,g JIS rouleawe �'or Buore fr ��apu lwab�lww rsllAll,E�",6Da L:, — Commented[DH6]:Per PC feedback on 4/11. ..� mw�Bomw dal eBougreardam,v lda6"I t1Ee a war r xdaadl op" .`�, awaa `�"1" Y4'r4'BO11654 4 4 lYrI6Sr 6D�.4'p Yapr Iw4E slop. a". I,2. Shall not be conducted within public rights-of-way,,, 273. Shall wiaD1Y aaa"<a m s4�s�v devil eglydawacp4 oa'Jr ar meal!,danrl,es.be eolI 1IwIed owl lrfopef4y villl tlr"e. wf4 w o C-ooww wwetlre prnwpreAlrnwwn of t:a. 11uw� w,yw�41oll no44)C-I"a1r+ w�W�aa��w,4�n .m�•�n�w4�"nom"..1radiinle.�4�ndes, D; 4e lease orop efaliolls 11wr Bwwarb+le rood seTMwv 4ee 1+11wls�alBAI be+wry+ide flie i�ldl4 slrwal"ow less 11rer nDl 'hk 4w'w kn'k rw"rk0..14'q'k�kawl x�iwDw14"w lnD 114' lPro'p+a°gra@ kdDw1P.-+O 11 a°akW4'oa°aoc-e,wwr-694)foge-a°afeo lwwr B�iol4le kwkl� WF� iC- 41144 i4lrrw)444Wap,.:" 2.07.16 Residential Sales Office A. The office shall be located on a lot within a subdivision or planned development,or on a space within a manufactured dwelling park. B. The principal use of the office shall be the sale of lots,renting of spaces,or the sale of dwellings or manufactured dwellings on lots or spaces within the development. C. The office shall have a finished exterior and the site must be landscaped. D. Business shall be conducted between 8:00 a.m.to 8:00 p.m. 2.07.17 i rmlllwam amy ;;,a1!I1f1W11i Edi" tl' fl" ltlll :SnecialEvents A l vp ep ofSpecial ecndal l vewxtc I Szwaa"le l'.vea1: llnxevewa1 Wz11r as BuaxjBut18➢n duraafiow i 6n1 11rrce.cogseculive days.. 7 l�„4'6"41rwIw4EREve41: llw4 eve'll"ki l`M as pu axiBu418ui 6.141rdafior 4 o 6Dw'lel6.1a Y lY4'T"kee<,W`Midl B➢Ildtly p n64 recur l6Dr Y 16D.fir�➢C6 Dw'�`wP by 411,5,4'4'"w 4'4"lC . 3 Sedas;omil l'vew41.: Ail i P4'Pnxt."killr as+rndaxiBu41+rn6.141rda116nn1 o N C6nw4tieculive days. Seaas;omil � p ar year JYg SIie: 4'V4'w'11`w dar4':1180I111Pr.1lo morw„,r 6"dal4'w'1 b.1". AA. Permitted Uses 1. Seasonal sales o[(ex68uiprles i,nGa."lude..fireworks,Christmas trees,produce or plant materials,etc.). eiy :-ept w1ie4°n�rlBke+wF`rr l;erlatlilm iI p,w4t,;,. 2. Amusement rideskwwrl3games,dawaal a�llrw�r l%aranl�4�w� llur 3. yf ernaaa"ofl ug di anxrflnre or seryices. l Awla Ph`4 : wfl-54w4 4f44kl+ "44 +aw4avdarl4 ar4r,pYrwlllf.Cd ,. Woodburn Development Ordinance Chapter 2.07 Page 119 20 as a siflgl��eveW or rectli-lilig i1ol as a seasomil evew. Mmn ' oaarjjtiamidispis l yppivew;, )Iii-alion d411gle elveW4 514011 IX I 44114ed 14)a d1wisle)II 44'llifee C-ow Kis Iwlve klisys7 vIlls-kill goo&7 I el I qwfkify rkii4l4ies kiwld sigw�feiiwved i I Iiiii 24 N)ws 44)siiig mi I lie Iasi ilay i)i,e0c-h eveffl,� 2 lZcctiniwig evenis,shall be hillifed to a IIlkIxiwIlIIIIl diii-alion ofone dkly,Willi kill goods, W411 I WRIFY i'HC-ili I le4 Hilki 541204 ANHIOVwNl Nk:i I 4ill 24 liotw�44'eAc-h e'seol. +wiisy Offee pef rof a maxif1mill 436 veeks7 4e liffillwA 14)IWO V4111 wIAC-11 114A l4iso "l4 C-oow&ulive Joys, l71 Events shall only be conducted between the hours of 8:00 a.m.and midnight. 5 1 , The evew,tisc shall not block driveways,entrances,or parking aisles. 4, The required parking for all other uses of the property shall not be diminished below that required by this ordinance(Section 3.05). �l:4 The evew,tsxe shall conform to all setback standards for the applicable zone. yl oda�rgsaw Hic evgll oPel alor sfiall:. a. flie eve�i�ope�iilofl)ossess a valid Sl��xial Fvegl Penn fi)r e.idi evew:',.� b -'Shall lx)ssess a valid spixial evelif permit l'or ckl'ch cvew; > �4iisll 14!e responsible for compliance with use standards,crowd and traffic control,and for sanitation,including rest rooms,waste disposal,and cleanup;, aW� c. ➢lgiove.01 a1o�)ds,w2j -ar'v ,acililies:,dUid sigm Wilfiig 2,1 fiotil's oi clOSM2,Ofl Ific Ifesfils ileq!�!. ilieW aasi ay oflc evew� F�E i ��DlllI to ead]. The operator of a special shall possess valid certification of compliance for all applicable health,sanitation,and safety standards of the City and other applicable jurisdictions. l9:7 V Ii e teii q wofkify ow doof f I wkifkke�iiig kiwi d special events shall not be located within a public right-of-way unless authorized by the appropriate jurisdiction(City of Woodburn,Marion County,or the Oregon Department of Transportation). Existing businesses with outdoor product display areas are not required to obtain a (kwkloof Marielin'e:kiod Special Events permit,but are limited to the following: 1. Products sold within the primary building; 2. Covering no more than ten percent of the gross square footage of the buildings on the property; 3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway. Woodburn Development Ordinance Chapter 2.07 Page 120 21 (1) Off-street parking spaces and vehicle maneuvering areas shall not be located: (a) Within 20 feet of any street property line; (b)Between a street property line and the front facade of cottages located closest to the street property line. (2) Off-street parking spaces shall not be located within 5 feet of any other property line,excepting property lines along alleys or shared rear lanes.Driveways and drive aisles shall not be located within 5 feet of other property lines except(A) along alleys or shared rear lanes or(B)Section 3.04 requires to adjoin such property lines to meet cross access or shared access standards. c. Screening.Landscaping,fencing,or walls minimum 3 feet high,shall separate pooled parking or shared parking areas and parking structures from common courtyards and public streets. d. Garages and carports. (1) Garages and carports(whether shared or individual)shall not abut common courtyards. (2) Individual attached garages up to 200 square feet shall be exempt from the calculation of maximum building footprint for cottages. (3) Individual detached garages shall be maximum 400 square feet GFA. (4) Garage doors for attached and detached individual garages shall be maximum 20 feet in width. 7. Accessory Structures.Accessory structures shall be maximum 400 square feet GFA. 8. Existing Structures.On a lot or parcel to be used for a cottage cluster project,an existing detached single family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area if the development meets the following provisions: a. The existing dwelling may be nonconforming with the WDO as Section 1.04 allows. b. The existing dwelling may be expanded up to the maximum height or the maximum building footprint per this Section 2.07.21;however,existing dwellings that exceed the maximum height and/or footprint per Chapters 1.04 and 2.02 shall not expand. c. The GFA of the existing dwelling shall not count towards the maximum average GFA of a cottage cluster. d. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard. 2,07,22 ➢Fa'ood Lail➢1lods� .................................................................................................................... m I � q .7,I�V a'a"lla�,n� Iisp'�14']CXb.Pb. lo 4',�,laa Y I`�`��.P�4 aD�Y�,nll4'a�l �ldam�damp`� aiaaaar bv�.ml raga.461 4'p'�40.11f4",1`X4'V dtllfe,. `1da'4',sdaarllaan,v,daai�B dtll flfdabvl l�'4',daai�B 161 l„4"s`�6'p'�`�11f,4'4'1 �1f6 Dp'��,dtl E"4' IBp II�Yr6 D�'4'Bp 114'p'��,`�dtlp'�b.�6D1 JBu] ,�, rlfal4'PB➢VP,n11s ifi al could 6 eig 6.evel61�r8➢VPa11.,,,,. A. „ „ Commented[DH7]:This would prohibit the 1a1a16.1 C amt ,r61G.1 611E ms afls��c1611,rBau6'axt/6 Ycr aar 161ar of daax,s xisligg fi)o.1 c arl 12a16.1 !aoo l 6 g'is w.11a�llll_l�e standalone carts that we currently see throughout llocw�d d w1Qwnpwhw a 1616bQ...<w. aQ ab¢wwd..aX6 QwwII llawb wq :..lnwlwabd cervica s aall¢�wwda Viva,y..s avis.w'J.. 99E.Traveling carts and delivery services would still be allowed. Woodburn Development Ordinance Chapter 2.07 Page 128 22 I Laid tine review. a� A mnk fix)d cal'i fi)Mnk ifie Fm�� II I ksig�i Revi(nk jyOcedtire I'or oblainAig.1 sile 1)1,ui aa)jja)r,al. I i as 1)�Mh)Lj LIIII4"I!Ij4':exceeds ifie aPplicable ifiresfiold fiw d! Fyp4' I VV I ksig�i Rev ani 5�03.02,ifigi ifie revi(nk sfiall fiflbnk ifie Fvp4' III lksiE"ni Revi(nk 1t-O4"4dlire illslead. bI'lle expamiol ofdal exisfinig fi)od cart pod lo add addiliomil cart spaces, aaid/9i sialls sfiall fiffloh the FYJ�I I ksi,��nl Revie�k 1)t-Ocedgre. Mn k or expaided sli-tina-es sfiall fifllmk the applicable lksilpl Revunk 1�t-9cedtire J�i Volwnie 5, 1 Food c.!rl jh)a,L J).01 hifl) (,'ilv:,\Voodbgni Fire I)isiricl,, Mariofl Cowily,�ffld Slaw a,��gicv p��11�111.Ill.lig Perwils`aide ll be Bniaiwaiiied agd remnked, 3. Food c.!J-1 1)a) III aiii!,��ers/mk niers,as vejj as caicfi fi)od cart vilfiig ifie islei ificir bilsigesses"wilfi ifie('ilv of\Voodbtirii, Regisli-aliogs sfiall be properly Bniaiwaiiied auid remnk(A, B� Si1c develoI slqidards: Sl.qidards ao re diose fffie aj)plic.!1214' /o 11.m� dislricl:,wiless olfierkkise sjIPxified below. Il carts and inaintain a ininirni.irn setback ....................................................... ............................................. ..................... ------------------------------------------------- --------------- oI...5....l......................eet trom.alLp C om m e nte d D H 8 S a m e as th e set bac k ...... ...... y. Food carls agd accessory sil-LICIM-eS Sfi,111 i101 be h)caled�kilfiini the [requirements for CG zone. Ilij)ariagi Area&\Velhgids(h,eijav I)isiricl Secliog 2.05.0511 l L a. 1)II121ic 111111ly calsgi legi (y)en Secfioni .x.01011,a)j as visioni cleangice arc$. (1)—`IiMi 3,03�06). . 3. I"ood carts sfiall be separaled fro��ii eadi offier by al leasi I ,I� Food carls sfiall iiol exceefly'.ifidimensions� Commented[DH9]:Comes from research into a� Maxi)riw�ii lenglfi i [industry norms. bMaxiiriwnii widlfi is 10 Maxi8riwn11 Been it is 15 5Food carts sfiall be sil(ld ewirejv oi as paved sti,ijliccaA oriented in a nI............................... LIluaiLhe r s.tli.(.�h t halt t h e does not block or ridribit tis ()I a sidewajj�.1�2t-sli-ce.l. ............................................................................................... ..... -------------------------------------------------------------------------------------------------------------------- ................. �Commented[DH10]:Per PC feedback on 4/11. O. reW]. area sfiall be pt-Ovided lo sei ye the 1)a2d aW total a arc�l o card, scalim, areas sfiall be Commented[DH11]:Typical picnic table is 8'x 6' AI agd at leasi 50%offfic area sfiall be covered or [(48sf). sfiellered froirii pa)e mrctilafio�i lo all fi)od carlstl . .Uld ctisloB ier a8niegifiefl2rot1 h a!1)a!ved valkNk av ifial is!11111 coBnipliaw aid al leasi 5 �kide, .—V ..............................................Lnni- Mjicable State and C ii.i ty Commented[DH12]:OHA rules allow for food cart pods to utilize restrooms of another business within 9� R(AIlse cowai�lers sfiall be provided lo salisfy applicable Siale�aidl �,-50-0--feet--if--permission--is--granted. -------------------------------------------- Woodburn Develop evelopment Ordinance Chapter 2.07 Page 129 23 Cowilly, p4'MIII.Ill.11g,r�q1tIjrg1igils.A njlise collecliog g1clostire. sfiall be IyOvided lo sgye ifi(:J�2d Yid sfiall be localed wider a sfieller slrllclllre 1,.., rQlctwQ,14111 ro emeffl �n4111 g .....................sJF��12d�afl 12�2d 1��-ovjde Ific fiflj Commented[DH13]:Requirements would be very I. ,M ove��Iews fiw ead] firoffla,E e abllflim�1114' 4114'; similar to what we require for new single-family 24'4"1112661 lkdjc�!Ie rjgfil:62�kav psr 3�01 [homes I (�nqil !sireelside 1�1�121jc wifilY easgIiew 1�1302�01 H&F� 3. (,'ominicl ag M)Ac°6211116ljaw sid(nkalk al lead 11 1cel v,i d(L or I 6av a 'ee, III 11e41 IrS'Ll.02.1 2::,411151. j,. PlaW sireel Irces 1 r 3,06�03&,or Iav a 1eez111zjje41 IY4'r j;:0111,.,,, l), 1111111 es: Afl tWlifies ss'ainE�,Ibe fix)d Carl uSb"d]be 4 ider,21r61w161ps'1 Secliog 3,4 10,11 Al 2v 1641IY11c wifily fige cr6655157g,fllroggh I6n6164'rlv sfiall be. covered by a ptiblic Wilil'y c�ise�� ew i�i co�i fi)n�ia�ice�k ifli Secfio�i 3�010 1 C, 1. Mwii5"il)al"kaler 41116.1 s6uiilary s(nker comisxllom are nxjjl7ir-ed fi)r each fix)d carl. 1 Jiflity seI N,ices sfiall ierwimij4' III lgij666l4 rY comlecllol ,!s`4gIilAjes:,sj➢,1ijlar lo Ifiose tised Illi recrealiomil vefikle(-Eyj Jrarks, A 166�ker comiecliog JS reqjj�ired fiw eadi fi)od carl,(hi sflsE"gieralors 41re 161-ofijb11ed, 3. Nawn!] las comlecll.ogs are alhnk(A A.1111411412421 2is c04141ecll.om sfiall l waill co��Ipfia�lce�kjlfi apj�lk�!121C SAeIV�-(,I�U]16AIS�11 �111 1181114'`7,,,,. 1,-C-om-m-e-nte-d--[-D-H-1--4]-:--P-e-r P-Cfe-e-d-badkon 4/1-1-------------- rIc ,I hi `4,114' slorw�kaler delewjMi`64111 be p�-ovjded, Access:. I 11 ood c3�.!rl0,Ijh��L L�j�djvefikillar access J�I co1lfi)n1iagce�kjlfi. Fable A nid Secfio�i 3.0,1.0,1.Acces,s LAwiild � , ,lbe N�ijled lo.!simde Commented[DH15]:"Should"language allows for 1.staff discretion for unique circumstances. drjv(nkav� For 16)12"w111BOV41111,'S6 4' slreel fiofllag�L�access sfiotild occw- via Ific hmer classificafiol 66f51ree1, A I6aved"w 41 lkNkav comiecliog al lc4isl 16,,.14'4'1' �kjde sfiall comiecl Ific imeriial 16JPLjjj.qi cjrctilafio6 i kalkNkavl agd 1116';,,,,,17141111c'sjd(nkalk alogg ead] (,oriler h)IS 81iav jgsje,!d jy664jde.1 siligle 1Y41ved"walkNkay. al lc4isl 8 14'1�kjde al Ific coriier. \VaIkNkays m. be L,,I(A i !Y 3 1)rive ifirotg1 fis are profiibiled te I-d-ev-e-I-o-p-me-n-t-------------------------------------------------------------------------------------- hnpacts� 11`X4' 6,]C6621`416611,,,,�kjlfijg Secliog 3.0,1.05 4424' .12plicable lo Commend[DH16]:Same as any new fi))d c. V Parkimi : Hic parkilllg provisiom oN Impler 3.05 are applicable to fi)od carl I scree11112g a slreel BIIay c6611166nii"wilfi secfio1l 3,05.021)� fl2r6)t�h].�idscwjilg, fi)od carl plac(Miew:,aW/or 66411d6462r 41gi 41re445, I \V41IkNk4crossj1ig�62fdrjve aisles 80iav i fili/e 1Yajwed cross�kajk !Y Woodburn Development Ordinance Chapter 2.07 Page 130 24 cIjipigg 1a2 vilfi Secliogs 3.0,1.00a )aqld 3M5M2N, 3 hhe--3-0-5-C and Soctimn 3-05,0311) Commented[DH1 7]:EV requirements would apply per PC feedback on 4/11. !1. Annuna, of I bicyde I�rkiilg L1,111 is reqMJred Irg fi)od carl. Hic gg,sla�idard 3,05,06('61 is gol reqj�ir(A l Hic gg g�I I h�d 11 i.N s gils iii Secliog 3MOM2 are. .1� -I I I sc� )� g r ngrlrin anrl �arl lh�J)all 1��-ovide a fi)od Commented[DH18]:This is roughly similar to the cart oli sits'. begs! tree]. j)igg��ii,N,I p�� i��iewjv ph 1(d J�i III c growid or standard requirement for yard area along the I�Iawed�kig decol,!Iive 1�lawers. Plawgs sfiall eadi be al jeasl 25 gallom, street(I PU/]5sf).Typical trailers and trucks are 8'x Phull wlil va]�Ies are ollflim�d�kiii Fable 3M()Bdi be 1�2al a 25��gajjofl I�Iagler 16' (1 28sf). 1rra)vides I Plagi l Jniil,do 54l gdloni 1rr-ovides 2 Plaw l Jgils:,aMd so oi, I A �kall or si�d ('egce Ific Man idards owlilled Vkilfiil -------------------------------------------------------------------------------------------------------------------- 100�i 2 is r qj�i�ed I)m� a�iv jol fille abill lim, a 2 �I - � .I . : Z! I............................ Commented[DH19]:Provide a buffer for adjacent properl'y� residential properties. reftise colleclimi fiacilifies sfiall be e�ich)sed befiiiid sindil i obsctwinig 'egce or"w al,,,,, aW be gal(A Hic l'egce or"wanlj sfiall be L etween 6�anlldl leet taji[ Commented[DH20]:Same as any other .............-----................... J S i g l'oO d c arlsfi al I ii cel I li e sl ag d ard s�k il li iii 3�I Q ag d oblai�l commercial development,except more flexible to !.,.! , [allow a fence instead of a wall. 1�D fls !s rg.ij�ired by Secfio�i 5 M 0� Mdividtial sigj2L al ladied lo a fi)od carl are gol reqjired lo oblaiii an 1rP iil Nnk ever Ificy sfiall nIol be legible firoB 11 a 1r11121ic sireel gid Ificy S,`Man niol exigid Baiore ifiag 3 l'eel above Ific roofoflfie. C arl. A�& Ext nnurn In h in exlen.or lig]I rov].sl.ogs oR Jiaj�j��r 3�11 are. Ig Commented[DH21]:Same as any other commercial development. �M)I�Iicable lo fi)od carl tar Bc. Woodburn Development Ordinance Chapter 2.07 Page 131 25 3.05 Off-Street Parking and Loading The purpose of this Section is to identify the requirements for off-street parking and loading facilities.Well-designed parking facilities improve vehicular and pedestrian safety,promote economic activity,enhance the driving public's experience,promote cycling,carpooling, vanpooling,and per electric vehicles,allow persons walking,cycling,and rolling along to pass along or through parking areas in comfort and dignity,and to implement Woodburn Comprehensive Plan policies.With appropriate landscaping and storm water design,parking areas can also mitigate the environmental impacts of development and reduce the urban heat island effect. 3.05.01 Applicability 3.05.02 General Provisions 3.05.03 Off-Street Parking 3.05.04 Off-Street Loading&Unloading 3.05.05 Shared Parking 3.05.06 Bicycle Parking Standards 3.05.01 Applicability The provisions of this Section shall apply to the following types of development: A. All requirements and standards of Section 3.05 shall apply to any new building or structure constructed after the effective date of the Woodburn Development Ordinance(WDO). B. Any additional parking or loading required to accommodate a change in use,or expansion of an existing use,shall conform to all parking,loading and landscaping standards of the WDO. 3.05.02 General Provisions A. All required parking and loading spaces shall be retained and maintained in accordance with the standards of the WDO. B. The land for off-street parking and loading areas shall eitherbe: 1. Owned in fee title by the owner of the structure or site being served by the parking area,or 2. Subject to legal documentation to the satisfaction of the Director,establishing permanent use of off-street parking that is under separate ownership.The parking, subject to such a parking agreement,shall be in compliance with all requirements and development standards of the WDO.The agreement shall be recorded with the County Recorder and filed with the Director. C. When calculations for determining the number of required off-street parking spaces results in a fractional space,any fraction of a space less than one-half shall be disregarded,and a fraction of one-half or greater shall be counted as one full space. Woodburn Development Ordinance Chapter 3.05 Page 185 26 Off-Street Parking Ratio Standards Table 3.05A Use i, Parking Ratio-spaces per activity unit or square feet of gross floor area RESIDENTIAL Ia. Single-family dwellings(houses),including 2/dwelling unit manufactured homes,and multiple-family dwellings lb. Duplexes,triplexes,quadplexes, 1/dwelling unit_4 townhouses,and cottage clusters 2. Rooming/boarding house,hotel,motel,and 2 parking spaces+ 1/guest room other traveler accommodations 3. Group Home or Group Care Facility 0.75/living unit COMMERCIAL/PUBLIC 4. General indoor recreation 1/200 square feet 5. Food and drinking places 1/200 square feet 6. Motor vehicle service 1/200 retail area+3/service bay+ 1/ pump island 7. General retail sales(such as food and beverages,clothing,sporting goods,health and personal care items,and motor vehicle parts) 8. Photo finishing 1/250 square feet 9. Ambulatory health services(such as doctors, dentists,optometrists,and chiropractors) 10. Postal service 11. Limited-service eating place 12.Offices(such as professional,scientific and technical services,finance and insurance,real estate,administrative and support services, 1/350 square feet social assistance,and public administration— but not including ambulatory health services) Greater of: 13. Personal services 1/350 square feet;or 2/service chair or room 14. Libraries 1/400 square feet 15.Outdoor sales and service of bulky 1/400 square feet of structure+ 1/20,000 merchandise(such as motor vehicles,farm square feet of outdoor display area equipment,and manufactured dwellings) 16.General repair and service(such as electronic and precision equipment,leather goods, 1/500 square feet laundry and dry cleaning equipment) Woodburn Development Ordinance Chapter 3.05 Page 189 27 17. Printing and related support activities Greater of 1/700 square feet or 1/ 18. Mail order house employee 19. Fabricated metal products manufacturing 20. Commercial and industrial equipment repair Greater of 1/800 square feet or 1/ 21. Craft industries employee 22. Commercial bakery 23.Indoor sales and service of bulky merchandise (such as furniture,appliances,and building 1/900 square feet materials) 24.Temporary outdoor marketing and special 1/ 1,000 square feet of outside event space events plus,no reduction from primary zoning for other uses. 25. Delivery services One space per delivery vehicle plus one space per employee per shift. ] dd 1 IYaDifl,Mo4i411 4)okl-'4w� vice �� rtl �LrQ� 1 111/200 scflliwu-,w Ar rQ AbA 6illlll]di Commented[DH22]:Canby requires a range of 0- 26. V a ... ......... .......1 1. Btl c tiryh 1.5 stalls per cart,based on the zoning district. Beaverton,Gresham,West Linn,Oregon City do 27. Home occupation No reduction from dwelling requirement is not require parking. 28. Residential sales office Tualatin,Wilsonville requires parking based on total 29. Temporary residential sales allowed. square footage(10/1000sf) 30. Contractors 2 parking spaces+ 1/employee Commented[DH23R22]:Lake Oswego:8 stalls per 1000sf GFA(GFA calculated based on the total 31. Parks and playgrounds Minimum of other uses requiring parking square footage of covered or enclosed seating areas,plus the square footage of all food carts) 32.Urban transit system,interurban and rural ---____ -----____ -----___- -----____ --------- -------- transit,taxi service,limousine service,school Commented[DH24R22]:Salem:maximum transportation,charter bus service,Special 1/vehicle plus 1/employee allowance of 2/cart;additional building area(bar, k restroom,etc)allowed up to 7 space/775sf needs transportation,motor vehicle towing -- Commented[DH25] This matches what we require 33. Hospital 1.5/bed for a standard bar or restaurant 34. Meeting facilities(such as house of worship, auditorium,motion picture theater,arena, funeral home,and lodge hall) One space per 4 occupants,as established 35. Museum and historic sites by the building code 36. Community center 37. Community club building and facilities 38. Bowling center 2/lane 39. Golf course 4/tee 40. Court games(tennis,handball,racquetball) 3/court+ 1/4 feet of bench 41. Day care 2/caregiver 42. Elementary or middle school 2/classroom 43. High school 1/unit of capacity for 6 students 44.Community college,college,business school, trade school,technical school,other 1/unit of capacity for 4 students instruction(including dance,driving and language) Woodburn Development Ordinance Chapter 3.05 Page 190 28 45. Play or ball field Greater of: 15/field or 1/8 feet of bench 46.Government and public utility buildings and Greater of: structures 2 or one per employee at location 47. Cemetery 10 plus one per acre INDUSTRIAL 48. Wholesale trade 1/700 retail square feet+ 1/1,000 49. Motor vehicle wrecking yard wholesale square feet 50. Manufacturing Greater of: 51. Stone,clay,glass and concrete products a. 1/800 square feet(0 to 49,999 square 52. Fabricated metal products,except machinery feet) 53. Electronic and other electrical equipment and b. 63 plus 1/1,000 square feet over 50,000 components,except computer equipment (50,000 to 99,999 square feet) 54. Transportation equipment c. 113 plus 1/2,000 square feet over 100,000(100,000 square feet or more) or 1/employee 55. Warehousing Greater of: 56. Motor freight transportation and warehousing a. 1/5000 square feet(0 to 49,999 square 57. Truck transportation feet) 58. Support activities for rail transportation b. 10 plus 1/10,000 square feet over 59. Wholesale trade—durable goods 50,000(50,000 to 99,999 square feet) 60. Wholesale trade—Non-durable goods c. 15 plus 1/15,000 square feet over 61. Recycling centers 100,000(100,000 square feet or more) 62. Asphalt or cement batch plants or 1/employee 63. Agricultural practices Exempt from the parking requirements 64. Telecommunication facilities 65. Transit ground transportation 1 transit vehicle space per transit vehicle plus 1/employee 66. Freight transportation arrangement 1/employee 67. Self storage 1/6 storage units,maximum of 6 spaces 1. The Director may authorize parking for any use not specifically listed in this table.The applicant shall submit an analysis that identifies the parking needs,and a description of how the proposed use is similar to other uses permitted in the zone.The Director may require additional information,as needed,to document the parking needs of the proposed use. 2. There is no required parking ratio in the DDC zone per Section 3.07.07B.12. 3. See Tables 3.05C&E for minimum carpool/vanpool and electric vehicle parking and Table 3.05D for minimum bicycle parking. P. In compliance with OAR 660-046-0220(2)(e). Woodburn Development Ordinance Chapter 3.05 Page 191 29 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn.Design standards can promote aesthetically pleasing architecture,increase property values,visually integrate neighborhoods,and enhance the quiet enjoyment of private property. 3.07.01 Applicability of Architectural Design Standards and Guidelines 3.07.02 Single Family,Manufactured Dwellings,&Dwellings Other Than Multiple-Family("Middle Housing")on Individual Lots 3.07.03 [Struck] 3.07.04 Dwellings in the Neighborhood Conservation Overlay District(NCOD) 3.07.05 Standards for Medium Density Residential Buildings 3.07.06 Standards for Non-Residential Structures in Residential,Commercial and Public/Semi Public Zones 3.07.07 Downtown Development and Conservation Zone 3.07.08 Mixed Use Village Zone 3.07.09 Nodal Neighborhood Commercial Zone 3.07.10 Industrial Zones 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type I review,the criteria of this Section shall be read as"shall"and shall be applied as standards.For a Type II or III review,the criteria of this Section shall be read as "should"and shall be applied as guidelines. B. The following are exempt from the provisions of this Section: 1. Any single-family,duplex,or manufactured dwelling that existed prior to October, 2005,except such dwellings located within the Neighborhood Conservation Overlay District(NCOD). 2. New dwellings in Manufactured Dwelling Parks containing more than three acres. 3.07.02 Single-Family Dwellings,Manufactured Dwellings,&Dwellings Other Than Multiple-Family("Middle Housing")on Individual Lots A. Applicability This Section shall apply to all new single-family dwellings,dwellings other than multiple- family,and manufactured dwellings on individual lots. It shall apply also to subdivisions and Planned Unit Developments approved on or before August 12,2013. Manufactured dwellings have different standards for roofing;otherwise,all standards in this Section apply to manufactured dwellings. B. Minimum Requirements Woodburn Development Ordinance Chapter 3.07 Page 231 30 3.07.07 Downtown Development and Conservation(DDC)Zone A. Applicability The purpose of these development standards is to guide the design of buildings constructed in the Downtown Development and Conservation(DDC)zoning district to ensure that, through appropriate use of facades,windows,building orientation,and architectural details, new structures and alterations of existing structures are physically and visually compatible with other buildings within the downtown business district.The majority of the existing buildings in downtown Woodburn reflect architectural styles that were popular during the late nineteenth and early twentieth century. 1. The provisions of this ordinance shall apply to the following activities within the DDC: a. All new building construction; b. New construction,restorations,and remodels.Restorations shall be defined as all exterior repairs,replacement of materials,alterations or changes,including reroofing,painting,window,and sign replacement,as well as any exterior building or site modification that requires a building permit; c. All new signage. 2. This ordinance shall not apply to the following activities or uses: a. Maintenance of the exterior of an existing structure,such as reroofing,residing,or repainting where similar materials and colors are used that comply with this ordinance; b. Interior remodeling; c. Single-family detached dwellings; d. Single-family dwellings that are used for businesses or home occupations. 3. This ordinance shall apply only to those portions of a building or sign that are proposed for construction or modification,and shall not extend to other elements of the building or sign that may be out of compliance with the requirements of this ordinance (i.e., a permit to replace a single window shall not require that all other windows on the building that may be out of compliance with this ordinance to be replaced,unless such action is initiated by the property owner). However,if a building should be destroyed due to fire,accident,or an act of God,the new or replacement structure shall be rebuilt to conform to the requirements of this ordinance. 4. At the time of application,the applicant shall choose whether the Design Review shall be conducted as a Type I,II,or III review(Section 5.01,5.02,5.03).For a Type I review,the criteria of this Section shall be read as"shall"and shall be applied as standards.For a Type II or III review,the criteria of this Section shall be read as "should"and shall be applied as guidelines. B. Design Guidelines or Standards Standards for new construction shall require builders to conform to the architectural form of Woodburn's historic period(1880's through 1940's).As such,new construction shall conform to the following standards listed below.The following list of buildings is provided as a reference guide to those buildings which display characteristics intended by the standards. Woodburn Development Ordinance Chapter 3.07 Page 249 31 C. External Storage of Merchandise The external storage of merchandise or materials,directly or indirectly related to a business, is prohibited. D. Outdoor Displays of Merchandise Outdoor displays of merchandise are permitted during business hours only and shall not exceed ten percent of the total retail sales area.Displays of merchandise on public sidewalks may not reduce usable walking area widths to less than four feet. E. Outdoor Eating Areas Outdoor dining areas are encouraged,and are permitted on public sidewalks t-tw-t-leb��r���-ma-1 v° &r-e e a',of--v e as llung y_Qio-wit reduce usable walking area widths on public sidewalks to less than four feet.Mobile -44-mi-1 --------------------------------------------------------------------------------------------------------------------- Commented[DH26]:This language has created confusion and frustration for downtown businesses., Woodburn Development Ordinance Chapter 3.07 Page 254 32 5.01 Type I (Administrative) Decisions 5.01 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type I decisions and their respective review criteria.Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria.The decision- making process requires no notice to any party other than the applicant. B. To initiate consideration of a Type I decision,a complete City application,accompanying information and a filing fee must be submitted to the Director.The Director will evaluate the application as outlined in this Section. 5.01.01 Access Permit to a City Street,excluding a Major or Minor Arterial Street 5.01.02 Design Review,Type I 5.01.03 Fence and Free Standing Wall 5.01.04 Grading Permit 5.01.05 Manufactured Dwelling Park,Final Plan Approval 5.01.06 Partition and Subdivision Final Plat Approval 5.01.07 Planned Unit Development(PUD),Final Plan&Design Plan Approval 5.01.08 Property Line Adjustment;Consolidation of Lots 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit 5.01.10 Sign Permit 5.01.11 Significant Tree Removal Permit 5.01.12 �'-(kwkloof Madie4n?:aod..Special Event Permit 5.01.01 Access Permit to a Cit-N,Street.Excluding a Maior or Minor Arterial Street A. Purpose: The purpose of this review is to ensure conformance to City street access standards and this Ordinance(Section 3.04)in circumstances where the access is not subject to any other type of land use approval. B. Criteria:The proposed access shall conform to the applicable standards of access to public streets(Section 3.04). C. Procedure:The Director shall review the access permit and determine conformance to City standards. Woodburn Development Ordinance Chapter 5.01 Page 327 33 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit A. Purpose:The purpose of this review procedure is to ensure that all grading,excavation,fill, and vegetation removal(other than perimeter mowing and other cutting necessary forhazard prevention)within a delineated,significant wetland,complies with applicable City and State standards and procedures,including those of ORS Chapter 196 and Chapter 227 and OAR 660-023. B. Criteria: 1. The applicable standards of this Ordinance and the findings and action proposed by the Division of State Lands;or 2. A finding,verified by the Division of State Lands,of error in delineation of the RCWOD boundary. C. Procedure:The Director shall review the permit and approve it upon a determination that it meets the criteria of this ordinance. 5.01.10 Sign Permit A. Purpose:The purpose of this review is to ensure that signs comply with standards found within the Sign Standards(Section 3.10). B. Criteria:Applications shall be reviewed for compliance with the sign standards of this Ordinance. C. Procedure: The Director shall review proposal signs for compliance to City regulations. 5.01.11 Significant Tree Removal Permit A. Purpose: To ensure that the removal of Significant Trees conforms with Section 3.06.07 as well as the purposes of Section 3.06.07A. B. Applicability:Per Sections 3.06.0713&C. C. Criteria and procedure:Per Section 3.06.07. 5.01.12 J 1=rljo ��1iikloor MorkefiLL&Idt4 Special Event Permit A. Purpose:The purpose of this review is to ensure that 1ewxwpofafy rra+troof markea inig o special events conform to the standards of this Ordinance(Section 2.07.17). B. Criteria: V 1 ijx)FofIv 4 kwkloof Morke4n?;anrd Special Events shall conform to all standards of this Ordinance. C. Procedure:The Director shall review the application and shall approve a permit based on compliance with this Ordinance. Woodburn Development Ordinance Chapter 5.01 Page 333 34 COUNCIL MEETING MINUTES MAY 13, 2024 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 13, 2024 CONVENED The meeting convened at 7:00 p.m. with Mayor Lonergan presiding. ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Present Councilor Morris Absent Councilor Cabrales Present Councilor Wilk Present Staff Present: City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Economic Development Director Johnk, Community Services Director Cuomo, Community Development Director Kerr, Finance Director Turley, Public Works Director Stultz, Special Projects Director Wakeley, City Recorder Pierson, Community Relations Manager Herrera ANNOUNCEMENTS Mayor Lonergan announced the following: • It is Renata Wakely's birthday today. • Woodburn Police Department invites you to their public Open House, May 18, 2024, from 11:00 a.m. to 2:00 p.m. • City Hall, the Library and the Transit System will be Closed Monday, May 27, 2024, in observance of Memorial Day. The Aquatic Center will be open regular hours. • The City Council Meeting scheduled for Monday, May 27, 2024, has been cancelled in observance of Memorial Day. • The City Council Meeting /Community BBQ is scheduled to take place on Tuesday, July 9, 2024, at 6:00 p.m. to coincide with Music in the Park. • The filing period for Mayor and Council positions will open June 5, 2024. Positions to be voted upon at the November 5, 2024, general election are as follows: Mayor: At-Large position (2-year term) Councilor-Ward L Precinct 815 (4 -year term) Councilor-Ward IL Precinct 825 (4 -year term) Councilor-Ward VL Precinct 865 (4 -year term) Candidate filing forms and instructions are available from the City Recorder and will be posted on the City website. Page 1 - Council Meeting Minutes, May 13, 2024 35 COUNCIL MEETING MINUTES MAY 13, 2024 • Community Center Open House will take place June 6 at 6:00 p.m. at city hall. PROCLAMATION Mayor Lonergan read a proclamation declaring May 19-25, 2024, Travel and Tourism Week in Woodburn, Oregon and urged the citizens of Woodburn to join him in recognizing the essential role this industry plays in Woodburn and throughout Oregon. PRESENTATIONS Quarterly Investment Report—Lauren Brant with PFM Asset Management, provided an economic update and where the City is at with its investments. Love INC.- Rosetta. Wangerin, Executive Director of Love INC. and Destinee Schuster, President of Love INC.,provided information on the services that Love INC. provides to the community. CONSENT AGENDA A. Woodburn City Council minutes of April 22, 2024, B. Acceptance of Easements and Right of Way at the Marion Pointe Project (Tax Lot 051 W06D000502 (primary)), C. Building Activity for April 2024, D. Liquor License Application for K-Bron Brewing Company, E. Liquor License Application for Made in Oregon. Schaub/Cabrales... approve the consent agenda. The motion passed unanimously. COUNCIL BILL NO. 3252 - A RESOLUTION ACCEPTING EMERGENCY ACCESS RIGHTS TO CERTAIN OREGON GOLF ASSOCIATION WATERCOURSE & STORM DRAINAGE FACILITIES Schaub introduced Council Bill No. 3252. City Recorder Pierson read the bill by title only since there were no objections from Council. City Attorney Granum and Public Works Director Stultz provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3252 duly passed. SAFE ROUTES TO SCHOOLS (SRTS) GRANT CONTRACT FROM OREGON DEPARTMENT OF TRANSPORTATION (ODOT) TO SUPPORT WOODBURN HIGH SCHOOL/FRONT STREET ACCESS IMPROVEMENTS Special Projects Director Wakeley and Public Works Director Stultz provided a staff report. Schaub/Cabrales... accept the Safe Routes to Schools grant award from the Oregon Department of Transportation and authorize the City Administrator to effectuate an award of the grant contract. The motion passed unanimously. COUNCIL BRIEFING OF STAFF APPROVAL OF A DESIGN REVIEW AND STREET ADJUSTMENT APPLICATION PACKAGE FOR THE WOODBURN FIRE DISTRICT STATION 21 REMODEL PROJECT AT 1776 NEWBERG HWY(DR 24-06 & SA 24-04) The Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The Assistant City Administrator reported the following: • Woodburn was awarded a $100,000 grant to fund 5 to 6 EV charging stations at public lots downtown and at city parks. Page 2 - Council Meeting Minutes, May 13, 2024 36 COUNCIL MEETING MINUTES MAY 13, 2024 • Scheduling meetings throughout the community to provide information about the Community Center project. Jesse will be presenting the information to the Woodburn School District Board, Coffee Hour at the Estates, as well as various service clubs. • Informational materials describing the Community Center project have arrived and will be posted in English and Spanish in City buildings as well as at other organizations that are willing to put them up. MAYOR AND COUNCIL REPORTS Councilor Cantu mentioned that she attended the State of the City address and added that the Mayor did a great job giving updates on the City. Councilor Wilk stated that the State of the City address is on the City's website. He also gave a shout out to all City staff for their dedication. Mayor Lonergan reported the following: • He has sent a few emails out with information to the Council including one from yesterday regarding the history of homelessness from Jimmy Jones at Community Action. • Cinco de Mayo took place and while wet, it had a pretty good crowd while he was there. • Thanked the two Kiwanis group for putting on the Mayor's Prayer Breakfast. • Budget Committee took place last month and Public Works Director Stultz gave a presentation on the roads in Woodburn and areas we are looking at putting in preventive measures for speeding. He would like the Council to come together and have a statement to give out to people that call the Council about that issue so everyone is on the same page. ADJOURNMENT Schaub/Cabrales... move to adjourn. The motion passed unanimously. Mayor Lonergan adjourned the meeting at 8:04 p.m. APPROVED FRANK LONERGAN, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, May 13, 2024 37 4?4 4'*7 g N Ag4,-.44 fun.- WWODBURN In orarn reA 188 June 10, 2024 TO: Honorable Mayor and City Council through City Administrator THRU: Marty Pilcher, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application for Los Reyes Delicias y Mas RECOMMENDATION: Recommend the OLCC approve the Liquor License Application for Los Reyes Delicias y Mas. BACKGROUND: Applicant: Miguel Angel Reyes-Gonzalez 1294 Blaine Street Woodburn, OR 97071 503-989-2235 Point of Contact: Miguel Angel Reyes-Gonzalez 1294 Blaine Street Woodburn, OR 97071 503-989-2235 Business: Los Reyes Delicias y Mas 621 N. Pacific Hwy. Woodburn, OR 97071 503-989-2235 Owner(s): Miguel Angel Reyes-Gonzalez 503-989-2235 Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x- 38 Honorable Mayor and City Council June 10, 2024 Page 2 License Type(s): Off Premises- May sell and serve beer, wine, and cider for consumption off the licensed premises. May sell beer, wine, and cider in a securely covered "growler" for consumption off the licensed premises. On May 28, 2024, the Woodburn Police Department received an application for an Off-Premises liquor license for Los Reyes Delicias y Mas. The business will be opening as a New Outlet located at 621 N. Pacific Hwy in Woodburn, OR. The hours of operation are 6AM to 9PM Sunday through Saturday, with no seasonal variations. There is no entertainment listed for the location. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation on Los Reyes Delicias y Mas, and the listed owner, Miguel Angel Reyes-Gonzalez. They were ran through various police databases and business related databases. Reyes- Gonzalez holds a valid Oregon driver's license, and no items of concern were located during the check. FINANCIAL IMPACT: None 39 4?4 4'*7 4N -'49W& WWODBURN Inc orpornreA 1889 June 10, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Acceptance of Easement at 1050 North Boones Ferry Road (Tax Lot 051 W07BD02400) RECOMMENDATION: Authorize the acceptance of a Public Utility Easement (PUE) by Woodburn Evangelical Church, for real property at 1050 North Boones Ferry Road and identified as Tax Lot 051 W07BD02400. BACKGROUND: Per the conditions of the Land Use Final Decision - Type I Staff Report for the Woodburn Evangelical Church Kitchen Addition Project, dated May 8, 2024, the developer is required to grant a streetside PUE to the City. DISCUSSION: The PUE under consideration is 953 square feet and five feet in width, located along the western portion of the property at 1050 North Boones Ferry Road. Woodburn Development Ordinance (WDO) section 3.02.01 B requires a minimum five-foot wide PUE along each lot line abutting a public street. PUE's are reserved for the construction, reconstruction, operation, and maintenance of public utilities on private property. FINANCIAL IMPACT: There is no cost to the City for these easements. Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x- 40 AFTER RE'CORDING RETURN TO: Woodburn Cfty t;',ecorder CK y of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLM UTILITY EASEMENTS (Temporary and Permanent) GRAM OR, grants to the CH'Y OF WOODBURN, ORE(I'ON, her 6riafter caHed C17-Y, a perrviranent easement and right-of- way, irncluding tfre perrnanent right to construct, re(,,onstruct, operate, and rnaintari ILiLb �c L LAffifies on the to Hon' described tarid: See attached E`xhibit "A"I egal Descriptiori of Flern'wnent Easerrient and attact"ied Exhibft 13"Ske4ch f(,,)r L,egal Descrij)tion of Perrnar)ent 1.::-asen')ent which ar(,,,o by this reference incorporated herein GRANTOR reserves the V`ight tO LISettie SUrfiac.e of the land for any purpose that wifl rnot be iriconstent or anterfere with the use of the easement by CITY, No buil&ig or utifity shaH be placed UpOrl, under, or Mftn 9"ie property subject to the foregoing easement during the term thereof, however, no M'iout the written pern'usvon of CITY, Upon cornpletion of the conStRJCfion, CITY shall restore thie SUrface of the property to its original conditilon and shall ki(.1eninffy and hold GRAN-rOR h,,3rrMess agakist any and all loss, cost, or darnage aHsJng out of the exercise rat tine rights granted hereiri, Tl"e tF'LAe consideration of this conveyance toy Zero ($0,D), and other valUable constdenaflon, ffie receipt of which k.; acknowledged by GRANTOR. GFRAN7 OR covenants to CITY that GRANTOR us laWfLAY seized ill feae simple of the above.-granted pren-flses, free frorn all ericumbrances and that GRANTOR and their, t-116rs, arid pier%onM represeritatives shMi warrant and foreveo defend the said prernises and every par,t thereof to CFFY against the tawful clairns, and dernands of aH persons claim4-ig I y, through, or under GRANTOR, OATED th�s day of.................. �V BY, /d� v. Pubkc Ut&y Easements (Perniam"'Int) Page 1 of 4 41 ... , g ..�.mtl"dam was ac����(.�V "l '4ig�.� �'� r�� �"�w �� i � day of ............... ...�............ � � .. . � .� ........... �...w. uuuwm wwarmmm. ° 7 ,✓ OFFUAL STAMP OREGON NOTARY PUBUC � �� r G'XVFdAMK ANM SCMgMEfid%MISdM COMNSSION NO. 1002778 NOIARY PUBLIC FOR, ORE("�ON, YCOWAISSI(M EXPIRES� 2024 � y ornrn� sIon Expires", Qty of Woodburn y 7S' ntgo r Street Woodburn, OR 97071 By Signature below, the City of Woodburn, Oiregon, Approves n cepts this Conveyance Pur u.aril:it RS 9180& City Ree r erM ............................. 1-feather Merson �... . .......w�....... . . ...m.... .. Pu.jbfic Lfti ty Easements (Permanent) Fl,age 2 of 4 42 C E-*N TERL INECON CEP TS LANE) SUIWEY'ING, IN(,'. 19376 Molafla Avenue, Ste. 120, Oregon City, OR 97045 P. 503-650-0188 F. 503-650­0189 Exhibit "Ap.' PUbfic Utility Easetnent Legal Description A rract of brid being a portion of that property described in Deed Reel 34,58, Page. 152 (recorded '12/28/20'12) Deed Reels of Marion County, located An the Northwest 1/4 of Sec.fion 7, Township 5 SOLIth, Range 1 West of the WiHaff� ette Mer6an, City of Woodburn, County of Marion, State ofOregon, in rnore particulafly deserbed as f0HOWS-1 BEGINNING at the Northwest c.orner of Deed Reel 3458, Page 152 (recorded 12/28/2012) Deed Reek of Marion County, sad comer b6ng 30,00 feet East of the centerfine of N. Boones F erry Road when measure at right angles, fl-ience alorig 'the North thereof, S88"W'00"E, 5.11 feet -to a point being 35,00 feet East of the centeirfine of' N, Boone es Ferry Road when rneasure at night angles; t[ience Easterly of, paraHel with, and 35.00 feet distant from said centerline, S1 31123'24"W, 191 A 1 feet to a point on the South fine thereof; thence along said SOL,Ith line, '760 '13 5.00 feet to the Southwest comer thereot thence along the West line thereof, Easterly of, paraHel with, and .0 teat distan't from said centerline, N13123'24"E, 190.06 feet to the POINT OF BEGINNING. Contains 953 square feet, inore, or, Vess. 31 tit GIST ERED PROFESS;0 PIN- LAW',) "K", c)u) AMES BR(MN M\FIROJ�--"(-.,,'TS\WOODBL�R�"4 EVF1qGE1JCAL­B00NUS 1-T1001RL)-NW IO.)'O\ADMIN\DOCt-IN41�-'N'I'S\LE(.�ALS\L,ega� Ekscription N 11-_,,doc 43 POINT OF' BEGINNING M W CORNtR DEF D �afl,L 34,58, 'A,GE 112128112012) PAGE 490 30'00"E ----5.00' flUBLIC UrILITY EASEMENT 953 &F A DEED REEL 3458 (1212812012) W76135"Uvw SIGNE) ON: . 5.00' REGISTERED PROFESSIONAL PA(.31-T J04 LAND SURVEYOR �$Gqll NOVEM? J0, 2007 [JAIMES BURT6N BROWJN 60379 y RE NEW& DECEMBFR 31, 2025 OEM CLIE.-Nk WOODBURN EC EXHIBIT "B"' 0,ew ORIG. VA TE: 1017012023 wo PUBLIC UTIL17Y EASEMENT C'ENrERLINE CONCEWS DRAWN BY, mpw LANO SUR VF YING, INC, CITY OF WOODBURN, MARION COUNTY, OR 195715 MG-ALLA AVE., SWE 120 REG% 97045 FAX 503.6(10189 EVENG[LICAb-BOONES FERRY I?t�-NW--105(,)\OW(,'\E.'XtIlIJIT.dwyl, Lar)A& EXHIBIT &-5)(11 - 11,07 44 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: June 3, 2024 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for May 2024 2022 2023 2024 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 7 $2,312,223 12 $3,551,460 6 $2,224,392 Multi-Family Residential 7 $8,905,142 4 $7,500,000 2 $1,158,497 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds&Alts 19 $452,462 33 $509,615 14 $124,696 Industrial 0 $0 0 $0 0 $0 Commercial 2 $59,556 8 $1,895,374 5 $1,522,846 Signs and Fences 0 $0 2 $22,500 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 35 $11,729,383 59 $13,478,949 27 $5,030,431 Fiscal Year to Date Jul 1—June 30 $571,460,007** $99,742,955 $104,217,333 Totals calculated from permit valuation. "Project Basic(Amazon)permit valuation is$451,339,834 K:Axx PDF Agenda Process\2024\June 10,2024\memo-2024-5May.doc 45 Redflex Traffic Systems Report - N. Pacififc Highyway and Mt. Hood Avenue Red Light Enforcement Feb 2024 Mar 2024 Apr 2024 Feb-Apr 24(Combined) Total Processed Incidents 270 290 291 851 Obstructions* 26 34 35 95 Police Rejections* 148 126 142 416 Registration Issues* 24 13 21 58 Process Rejections* 6 56 14 76 Total Rejections 204 229 212 645 Approved Violations/Notices Printed 66 61 79 206 Speed Enforcement mph+) Feb 2024 Mar 2024 Apr 2024 Feb-Apr 24(Combined) Total Processed Incidents 309 408 358 1,075 Obstructions* 18 9 10 37 Police Rejections* 74 95 78 247 Registration Issues* 17 26 15 58 Process Rejections* 5 16 22 43 Total Rejections 114 146 125 385 Approved Violations/Notices Printed 195 262 233 690 *REJECTIONS KEY* Obstructions: Driver,vehicle or license plate obstructed. Police Rejections: Driver not R/O,Face Obstructed,Gender Mismatched,Incorrect DMV,Invalid Offense,Police Discretion,Safe Turn on Red,Sun Glare. Registration Issues: Extended Vehicle,Out of Country Plates,Paper Plates,Wrong or No DMV. Process Rejections: Camera Malfunction,Plate Burn Out,Rear Plate Camera Blurry,Poor Driver Images,Too Old 46 rr_ � Ig Ag4,-.44 fun.- W4OO�N Inc orpornreA 1889 June 10, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Tony Turley, Finance Director SUBJECT: Fiscal Year (FY) 2024-25 City Budget Adoption RECOMMENDATION: Conduct a public hearing to consider the budget as approved by the Budget Committee, and upon completion of the hearing, adopt the resolution adopting the budget and capital improvements plan, making appropriations, and declaring and categorizing taxes for FY 2024-25. BACKGROUND: The Budget Committee of the City of Woodburn met and approved the budget of $173,489,100 on April 27, 2024. On May 29, 2024, the Woodburn Independent published the financial summary of the Budget Committee's approved budget and a notice of the budget hearing before the City Council, in accordance with Oregon Local Budget Law (ORS 294.438). DISCUSSION: Under Oregon Local Budget Law (ORS 294.456) the City Council may modify the Budget Committee's approved budget by an amount not to exceed $5,000 or 10 percent of a fund's expenditures, whichever is greater, without publishing a notice of a second budget hearing. The Finance Department proposes adoption of the budget as approved by the Budget Committee with corrections and updates shown in Attachment 1. FINANCIAL IMPACT: The resolution adopts the FY 2024-25 annual budget of $173,489,100. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—X- 47 Honorable Mayor and City Council June 10, 2024 Page 2 Attachment 1 City of Woodburn Budget Committee Approved FY 2024-25 Budget Following the Budget Committee's FY 2024-25 budget approval, the following corrections and updates have been made to the budget document: • Any identified issues with spelling, grammar, and formatting have been updated throughout the document. 48 rr_ � Ig Ag4,-.44 fun.- W4OO�N Inc orpornreA 1889 June 10, 2024 TO: Mayor and City Council through City Administrator FROM: Tony Turley, Finance Director SUBJECT: Fiscal Year 2024-25 Resolution Regarding State Revenue Sharing RECOMMENDATION: Conduct a public hearing to receive comment on the possible uses/distributions of state revenue sharing funds and adopt a resolution declaring the City's eligibility and election to receive these funds. BACKGROUND: In order for the City of Woodburn to receive a share of state revenues apportioned and distributed to Oregon cities during fiscal year (FY) 2024-25, the City Council must enact an ordinance or resolution certifying: 1 . Eligibility to receive state shared revenue per ORS 221 .760; and 2. Elect to receive state shared revenue per ORS 21 1 .770. The ordinance or resolution must be filed with the Oregon Department of Administrative Services no later than July 31 . Notice of the hearing was published on May 29, 2024, in the Woodburn Independent. DISCUSSION: Upon completion of the public hearing, consider adopting a resolution to receive state shared revenue, $400,000, in the FY 2024-25 Approved Budget. FINANCIAL IMPACT: The resolution declares the City's eligibility and qualification to receive state shared revenue, budgeted at $400,000 in the FY 2024-25 Approved Budget. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X- 49 COUNCIL BILL NO. 3253 RESOLUTION NO. 2232 A RESOLUTION ADOPTING THE FISCAL YEAR (FY) 2024-25 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES WHEREAS, the City Administrator, as Budget Officer for the City of Woodburn, Oregon, prepared and submitted the FY 2024-25 budget to the Budget Committee at its April 27, 2024, meeting; and WHEREAS, the April 27, 2024, Budget Committee meeting was noticed by publication in the Woodburn Independent newspaper on April 17, 2024; and WHEREAS, a public hearing was held at the April 27, 2024, Budget Committee meeting after which time the budget was approved; and WHEREAS, the Notice of Budget Hearing and Financial Summarywere published in the Woodburn Independent newspaper on May 29, 2024 as required by ORS 294.438; and WHEREAS, a second public hearing was held before the City Council at its meeting on June 10, 2024; and NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council adopts the budget for FY 2024-25 in the sum of $173,489,100. A copy of the budget document is now on file at City Hall, 270 Montgomery Drive, Woodburn, Oregon. Section 2. The City Council imposes the taxes provided for in the adopted budget at a permanent rate of $6.0534 per $1 ,000 of assessed value for operations. These taxes are hereby imposed and categorized for tax year 2024-25 based upon assessed value of all taxable property within the City. General Government Excluded from Limitation Permanent Rate Limit $6.0534/$1,000 - Page 1 -COUNCIL BILL NO. 3253 RESOLUTION NO. 2232 50 Section 3. FY 2024-25 budgets are appropriated at the fund levels shown: Organization Operating* Transfers Debt Contingency Total Reserves Total Administration 2,223,120 2,223,120 2,223,120 Economic Development 514,690 514,690 514,690 Police 11,684,480 11,684,480 11,684,480 Community Services 4,616,770 4,616,770 4,616,770 Planning 977,160 977,160 977,160 Engineering 465,580 465,580 465,580 Non-Departmental 1,158,240 1,962,600 3,120,840 3,120,840 General Fund 5,410,010 5,410,010 6,443,730 11,853,740 Total General Fund 21,640,040 1,962,600 5,410,010 29,012,650 6,443,730 35,456,380 Transit 4,020,490 869,570 4,890,060 4,890,060 Building 2,354,780 420,000 8,643,760 11,418,540 11,418,540 Asset Forfeiture 32,330 32,330 32,330 National Opioid Settlement 230,000 230,000 230,000 American Rescue Plan 240,500 1,677,160 1,917,660 1,917,660 Housing Rehab 55,090 55,090 55,090 Street 3,865,650 2,067,000 4,300,120 10,232,770 10,232,770 GO Debt Service 48,000 48,000 48,000 General Cap Const 4,715,000 4,715,000 4,715,000 Community Ctr Cap Const 1,740,000 1,385,000 3,125,000 3,125,000 Special Assessment 2,500 45,270 47,770 47,770 Street/Storm Cap Const 3,550,000 3,550,000 874,990 4,424,990 Parks SDC 50,000 937,400 987,400 7,158,280 8,145,680 Transportation SDC 1,545,000 1,545,000 1 14,885,710 16,430,710 Storm SDC 260,000 70,000 330,000 797,570 1,127,570 Sewer Cap Const 10,820,000 10,820,000 10,820,000 Water Cap Const 3,511,450 3,511,450 732,000 4,243,450 Water 3,709,060 2,665,000 370,910 6,744,970 654,770 7,399,740 Sewer 5,949,230 6,340,000 1,189,850 13,479,080 19,845,240 33,324,320 Water SDC 936,450 936,450 3,758,340 4,694,790 Sewer SDC 230,000 3,660,000 3,890,000 1,481,380 5,371,380 Information Technology 1,690,760 228,670 1,919,430 120,000 2,039,430 Insurance 1,103,100 460,390 1,563,490 1,563,490 Equipment Replacement 1,307,010 1,307,010 1,307,010 PERS Reserve 391,120 391,120 391,120 Lavelle Black Trust 7,500 29,320 36,820 36,820 TOTAL 71,084,490 22,328,610 23,323,990 116,737,090 56,752,010 173,489,100 *Operating Budget:Personnel,Materials and Services,and Capital Outlay Approved as to Form: City Attorney Date APPROVED: Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2-COUNCIL BILL NO. 3253 RESOLUTION NO. 2232 51 COUNCIL BILL NO. 3254 RESOLUTION NO. 2233 A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELIGIBILITY AND ELECTION TO RECEIVE STATE REVENUE SHARING WHEREAS, the City of Woodburn desires to receive a share of state revenues apportioned and distributed to the cities of the state during Fiscal Year 2024-2025 as provided in ORS 221 .760 and ORS 221 .770; and WHEREAS, ORS 221 .760 provides as follows: The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471 .805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: (1) Police protection (2) Fire protection (3) Street construction, maintenance and lighting (4) Sanitary sewers (5) Storm sewers (6) Planning, zoning and subdivision control (7) One or more utility services WHEREAS, ORS 221 .770(1 )(a) requires that any city electing to receive a distribution must enact an ordinance or resolution expressing that election and file the same with the Oregon Department of Administrative Services no later than July 31; and WHEREAS, ORS 221 .770(1 )(b) requires that any city electing to receive a distribution must hold at least one public hearing at which citizens have the opportunity to provide written or oral comment on the possible uses of the distributions; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City Council of the City of Woodburn hereby certifies that it provides the following four or more municipal services enumerated in Section 1, ORS 221 .760: Page 1—COUNCIL BILL NO.3254 RESOLUTION NO.2233 52 Police protection Street construction, maintenance and lighting Sanitary sewer Storm sewers Planning, zoning and subdivision control One or more utility services Section 2. The City of Woodburn hereby elects to receive distributions of state revenues during FY 2024-2025 pursuant to ORS 221 .770(1)(a). Section 3. The City Council hereby certifies that it conducted a public hearing, after giving public notice, on June 10, 2024, and called for written and oral comment on the possible uses of the distributions and that the hearing complied with ORS 221 .770(1 )(b) and (c). Section 4. The City Recorder is directed to certify compliance with the public hearing requirements and file this resolution with the Oregon Department of Administrative Services by July 31, 2024. Approved as to Form: City Attorney Date APPROVED: Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2—COUNCIL BILL NO.3254 RESOLUTION NO.2233 53 4?4 4'*7 g N Ag4,-.44 fun.- WboibBURN In or� arn reA 188 June 10, 2024 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) FROM: Jim Row, Assistant City Administrator SUBJECT: Award of Construction Contract for the City Hall Basement Remodel Project RECOMMENDATION: (1) Award the public improvement construction contract for the City Hall Basement Remodel Project to the lowest responsible and responsive bidder, GR Smith Construction Corporation in the amount of $522,586.00. (2) Preauthorize approval of contract change orders or amendments of up to $100,000 for this project. BACKGROUND: City Hall was originally constructed in 1976 and was remodeled in 2019 to replace and upgrade roofing, electrical and lighting, building security and HVAC systems, while also completing seismic and ADA improvements, adding employee workspaces, improving customer service areas and fully remodeling the Council Chambers. Since that project was completed, the City has experienced a significant increase in development activity that necessitated an increase in building inspector and plan review workspace. This need has been temporarily accommodated by creating makeshift working areas in the basement. However, the need exists for permanent improvements to be completed that will provide more effective workspaces. In addition to building inspector/plan review workspaces, this project also includes the addition of two offices, a six- person cubicle workstation, small meeting area, two employee restrooms, a respite (lactation) room, and a flexible video conference room. Costs for this project are included in the adopted FY 23/24 budget and the proposed FY 24/25 budget. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 54 Honorable Mayor and City Council June 10, 2024 Page 2 Following the City and State's formal procurement bidding process required for a public improvement project of this size, contractor bids were publicly opened May 9, 2024. Eight (8) responsible and responsive bids were received as follows: GR Smith Construction Corporation $522,586.00 Andy Medcalf Construction $527,155.00 Woodburn Construction $555,000.00 Swinerton Builders $558,813.00 Blue Spruce Builders $579,000.00 Build-Skape LLC $617,724.00 Pacific Sun Investing LLC $639,955.85 Creative Contracting $649,300.00 The Engineer's Estimate for the project is: $692,898.00 The bid documents also included four "bid alternates", which provided the City with the opportunity to eliminate any or all of four specific components of the project if necessary for budgetary purposes. The bid alternates consisted of a second restroom and various sections of cabinetry. Ultimately, the bids came in well under the engineer's estimate and project budget. Therefore, staff is recommending award for the full scope of the project as described above. The recommended award is approximately 25% lower than the Engineer's Estimate. DISCUSSION: The project is anticipated to take approximately 4 months to complete and the construction agreement will include an October 31, 2024, completion date. In preparation for the project, building inspection employees are being relocated to a temporary work trailer on City owned property across Cleveland Ave from City Hall. Other employees currently working in the City Hall basement are being temporarily relocated to other workspaces. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. Additionally, staff is requesting that the Council preauthorize approval for change orders and amendments to the project in the amount of $100,000. Under Oregon public contracting law, the Council may establish internal 55 Honorable Mayor and City Council June 10, 2024 Page 3 limitations and delegations for authorizing changes to work, including dollar limitations. Under the City's own public contracting ordinance, all change orders/contract amendments exceeding $75,000 must be brought to the Council for approval (Section 5). Due to the overall size of the renovation project, the need to keep the project on schedule, and in anticipation of possible change orders exceeding that $75,000 threshold, Staff is requesting an increase to the change order amount to $100,000. Please note that any contract amendment or change order that could occur must remain within the "general scope" of the original procurement and would not add components or phases of work that cannot be reasonably implied from the original project solicitation. FINANCIAL IMPACT: Budgeted funds are more than sufficient to complete the project, as $300,000 is allocated in the adopted FY 23/24 budget and $720,000 is included in the proposed FY 24/25 budget. 56 rr_ � Ig Ag4,-.44 fun.- W4OO�N Inc orpornreA 1889 June 10, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Martin Pilcher, Chief of Police SUBJECT: Oregon Department of Transportation (ODOT) Transportation Safety Office (TSO) Sustained DUII Enforcement Program Funding - Woodburn Police Department RECOMMENDATION: Authorize staff to proceed with the ODOT TSO application for the Woodburn Police Department Sustained DUII Enforcement Program Funding Project and, if funding is awarded, authorize the City Administrator to execute grant agreements. DISCUSSION: The City of Woodburn Police Department has an opportunity to apply to the Oregon Department of Transportation/Transportation Safety Office to provide funding equivalent to a full-time position, focused on enforcement and education of impaired driving to reduce the number of impaired driving collisions and serious and fatal injuries caused by impaired driving. The Sustained DUII Enforcement Program funding will allow for DUII enforcement within the City of Woodburn and within unincorporated areas of Marion County adjacent to the City and/or other areas as part of high visibility enforcement (HVE) missions. The City of Woodburn is experiencing historic growth in the residential and commercial areas and with this growth, there has been an increase in traffic safety issues and concerns in and around the community. During the City's tremendous growth, the Woodburn Police Department has experienced a significant increase in traffic and driving issues which include impaired and unsafe driving that have resulted in an increase in vehicle crashes. In the summer of 2023, Woodburn witnessed a fatal DUII crash during its daytime traffic and in March 2024, a fatal nighttime DUII crash, both within city limits. From 2020 through 2023, the Woodburn Police Department has seen a 35% increase in DUII arrests, and a 35% increase in vehicle crashes due to impaired and/or unsafe Agenda Item Review: City Administrator_X City Attorney_X_ Finance_X_ 57 Woodburn City Council June 10, 2024 Page 2 driving. Sustained DUII Enforcement Program funding will help the Woodburn Police Department with the ability to assign a full-time DUII enforcement officer funded through this ODOT TSO request. The program position will focus on direct and targeted enforcement for impaired and unsafe driving as well as DUII traffic education. This ODOT TSO funding request will providel 00% of the requested first year funding of this position from October 1 , 2024, through September 30, 2025, and is eligible for renewal for two additional years. Subsequent funding requests for the second and third year of this program will be submitted at the required future grant application deadlines. If future renewals are approved the ODOT TSO funding program will fund the second year of sustained enforcement at 75% with a 25% match from the City from October 1, 2025, through September 30, 2026, and the third year of sustained enforcement will be funded at 50%with a 50% match from the City from October 1 , 2026, through September 30, 2027. After the third and final year of this ODOT TSO Sustained DUII Enforcement Program, the City can decide to cover 100% of the funding to continue the program/position of a dedicated DUII enforcement position within the Woodburn Police Department. During the funding period, the assigned DUII enforcement officer(s) will receive advanced impaired driving detection and enforcement training which could include Drug Recognition Expert (DRE) training. Woodburn's ODOT TSO funding request for the first year of the Sustained DUII Enforcement Program is in the amount of $180,000.00, to cover straight time officer(s) wages, overtime wages, and training costs for any assigned officer(s). For each subsequent grant year (year 2 and year 3),wages, overtime and training costs will be recalculated along with the subsequent grant matching requirements for the second and third year of the grant funding. FINANCIAL IMPACT: If the ODOT TSO funding is awarded, the total fiscal impact would be $180,000 in grant funds during the first year of the program; and $140,000 and $98,000 in years 2 and 3, respectively. 58