Agenda - 12/11/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
DECEMBER 11, 2006 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND flAG SALUTE
2. ROLL CALL
3. OATH OF OFFICE AND ELECTION
A. Oath of Office for Mayor and Councilors for Wards III and V
B. Election of Council President
4. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Holiday Closures:
Christmas: City Hall and the Library will close at noon on
December 22, 2006 and will reopen for regular business hours
on December 26,2006. The Aquatic Center will be closed on
December 24 and 25, 2006.
New Years: City Hall and the Library will be closed on January
1,2007. The Aquatic Center will be closed December 31,2006
and January 1, 2007.
B. The Mayor's Holiday Concert featuring local musicians will be
held at Woodburn High School on December 12th and 14th at
7:00 p.m.
Appointments:
C. Reappointments:
1. Budget Committee
2. Library Board
3. Planning Commission
4. Recreation and Parks Board
1
"Habra interJJretes oisponibles para aquellas personas que no bablan Inglesl previo acueroo. Comunlquese
al (503) 980-2485."
December 11, 2006
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5. PROCLAMATIONS/PRESENTATIONS
Procla mations:
None.
Presentations:
None.
6. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
7. COMMUNICATIONS
None.
8. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
9. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council Work Session minutes of November 20, 2
2006
Recommended Action: Approve the minutes.
B. Woodburn City Council minutes of November 27,2006, regular 7
and executive session
Recommended Action: Approve the minutes.
C. Building Activity for November 2006 14
Recommended Action: Receive the report. 4
D. Planning Project Tracking Sheet dated December 5, 200b 15
Recommended Action: Receive the report.
E. Police Department Statistics - November 2006 17
Recommended Action: Receive the report.
F. Certified Election Results - November 7, 2006 General Election 23
Recommended Action: Receive the report.
December 11, 2006
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10. TABLED BUSINESS
None.
11. PUBLIC HEARINGS
None.
12. 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 2650 - Ordinance adopting certain state specialty 26
codes; setting forth the powers and duties of the Building
Official; providing for procedures and fees; establishing penalty
provisions; repealing ordinance 2293 and declaring an
emergency
Recommended Action: Adopt the ordinance.
B. Audit Reports 39
Recommended Action: Accept reports.
C. Periodic Review Work Task Remand Order 43
Recommended Action: Authorize the City Administrator or his
designee to submit an appeal of the Periodic Review remand
order, for a portion of the remand.
D. Marion County Interagency Methamphetamine Drug Task 62
Force
Recommended Action: Authorize the acceptance of grant
funding from the Governor's Blue Ribbon Task Force in order to
provide a Meth Task Force investigator.
E. Wastewater Rates 65
Recommended Action: Authorize staff to initiate the steps
needed to implement a wastewater rate increase; the Mayor
to appoint a Citizen Wastewater Rate Citizen's Advisory
Committee; and the City Administrator to enter into an
agreement for professional services to conduct an interim rate
study to address operational, facilities planning and some
construction funding needs in the Wastewater Funds.
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F. Acceptance of Public Rights of Way on Payne Street 70
Recommended Action: Accept the attached warranty deeds
for Public Right of Way.
G. Appointment Administrator Pro Tem 87
Recommended Action: Appoint Police Chief Scott Russell as
Administrator Pro Tem for the period of December 13 through
December 23, 2006 and Finance Director Ben Gillespie as
Administrator Pro Tem for the period of December 24, 2006
through January 1,2007.
H. Cancellation of December 25, 2006 meeting 89
Recommended Action: Cancel the December 25, 2006
meeting.
13. NEW BUSINESS
14. 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.
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
A. To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation
likely to be filed pursuant to ORS 192.660 (1) (h).
B. To consider records that are exempt by law from public
inspection pursua nt to ORS 192.660 (1 )(f).
C. To conduct deliberations with persons designated by the
governing body to carryon labor negotiations pursuant to
ORS 192.660{l){d).
18. ADJOU RNMENT
December 11, 2006
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December 6, 2006
FROM: Kathy Figley, May
TO: City Council
SUBJECT: Reappointments
The following reappointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, December 11, 2006. No reply is required if you approve of my
decision.
BUDGET COMMITTEE
Position IV - Stanley Milne - term ends 12/31/09
LIBRARY BOARD
Position II - Mary Chadwick - term ends 12/31/10
PLANNING COMMISSION
Position 6 - Ellen Bandelow - term ends 12/31/10
Position 7 - Richard Jennings - term ends 12/31/10
RECREATION AND PARKS BOARD
Position III -Joseph Nicoletti - term ends 12/31/09
Position IV - Rosetta Wangerin - term ends 12/31/09
Position V - Judy Wesemann - term ends 12/31/09
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COUNCIL WORK SESSION MINUTES
November 20, 2006
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Jli DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 20, 2006.
CONVENED. Mayor Figley convened the work session at 6:40 p.m. for the purpose of
discussing the Front Street widening and reconstruction project.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present (6:50 pm)
Absent
Present
Present
Present (6:53 pm)
Present
Staff Present: City Administrator Brown, Public Works Director Tiwari, Senior CE .
Technician Scott, City Recorder Tennant
.01 Mayor Figley stated that the purpose of this workshop is to fully inform the Council on
engineering design and construction issues surrounding the N. Front Street improvement
project between Cleveland Street and Highway 214.
Administrator Brown stated that staff will provide information on the scope of the project
and financing mechanisms with the hope that the Council will be able to come to some
consensus on how to proceed with this project. He stated that the project, in part, has
been held up due to the need for preliminary design work done by PGE so the City could
then complete the infrastructure design. PGE has now provided the preliminary design
work and, as a result, the cost for this project will be substantially more than the original
budget amount. The PGE undergrounding has added close to $1,000,000 to the original
cost and an additional $1,000,000 for other improvement expenses. In regards to the
undergrounding portion of the project, the original budget estimate provided $1,070,000
for undergrounding of lines along North Front Street to Highway 214, however, the recent
PGE preliminary design shows that it is necessary to branch out the undergrounding to
multiple side streets to complete the electrical connections between downtown and the
surrounding area. In turn, this additional work has escalated the price of this portion of
the project by approximately $700,000 and PGE has added another $200,000 for their
cost that represents the cost of the system that has not been fully depreciated (lines and
poles) plus additional conversion work that needs to done to take it from above-ground to
below-ground at a number of different points. Another issue that has arisen is the private
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electrical connections in the downtown Alley necessary to bring the services to an
underground connection. In regards to the project area between Cleveland and
Hardcastle, additional costs will be incurred to replace the entire sidewalk rather than just
make repairs to the existing sidewalk and to raise the grade at the N. Front Street and
Hardcastle intersection. The revised estimate of $4,091 ,600 includes construction,
engineering, and a 10% contingency for the area between Cleveland and Highway 214.
This revised estimate is $1,791,600 over the original estimate to complete this project.
Councilor McCallum questioned if the PGE costs are close to being the actual amount or
will they be coming back to the City with a another substantial increase in the estimate.
Administrator Brown felt that PGE has done a more thorough job in providing an
estimate of costs now that they have completed their preliminary design work. He did
state that the costs can always change based on actual bids received to do the necessary
work.
Public Works Director Tiwari concurred that PGE's estimate should be fairly close to the
current estimate. There may be some cost changes associated with the undergrounding in
the central business district but the finished project from Hardcastle Avenue north to
Highway 214 will look similar to South Front Street.
14.0 Administrator Brown stated that it will take more than one year to complete the entire
project. The original plan was to complete the central business district first then complete
N. Front Street to Highway 214, however, the current plan is to complete N. Front Street
first since the central business district will take more time to complete due to the
undergrounding portion of the project.
In regards to the Hardcastle Avenue intersection, Mayor Figley questioned if the angle at
this intersection would be changed to make it easier for large vehicles to turn onto N.
Front Street.
Public Works Director Tiwari stated that Front Street would be changed in a way so that
in the future if the Mill Street crossing is closed and Hardcastle is shifted, the higher
grade would extend far enough to the north along N. Front Street thereby allowing large
trucks vehicles turning off of Hardcastle to turn north onto Front Street.
Administrator Brown reiterated that if the City is committed to doing the undergrounding
of electrical lines, then we are committed to doing the sidewalk replacement in those
outlying areas that will also have electrical lines placed underground. He also stated that
by expanding the initial project, there will be less loan money available to property
owners in the downtown area for building rehabilitation. Staff is recommending that if
the undergrounding is to be done that the whole area outlined in the PGE design work be
completed since the cost to underground electrical lines in the future will only increase.
He also felt that undergrounding the full length of Front Street will improve the look of
the downtown area and hopefully attract businesses and tourists to the area.
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November 20, 2006
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22.5 Councilor McCallum felt that the Council had laid out a plan to the public to improve the
downtown area and the Council should complete the project as planned even though there
is a delay in when the entire project will be completed.
Administrator Brown stated that if the City is able to move quickly on this project, it may
be possible to get N. Front Street done during this upcoming construction season and the
portion between Cleveland Street and either Harrison or Hardcastle would be completed
the following construction season. The extra year to complete the project will also give
staff an opportunity to look at other grant opportunities and to accumulate additional
Urban Renewal funds so that the City can be in a position to go out for urban renewal
borrowing.
Councilor McCallum felt that delaying the improvements to the central business district
may work out to the City's advantage since the downtown plan has not been completed as
of yet.
Administrator Brown agreed that the downtown plan is important since it addresses
parking and the overall traffic circulation. The City has received a Transportation Growth
Management (TGM) grant in the amount of$95,000 from the State of Oregon to update
the City's Downtown Development plan which combines land use planning with
transportation facility planning. The City will be receiving a secondary grant to do some
additional work outside of the downtown area and the City will be contributing a small
match with the second grant. He anticipated having a completed downtown plan by the
end of next year that will relate to street configuration and reiterated that the plan will not
address undergrounding of electrical lines.
30.2 It was the consensus of the Councilors present that the City will pursue the
undergrounding of electrical lines in the downtown area and on North Front Street as laid
out on preliminary design provided by PGE.
Administrator Brown reviewed the revenue sources for this project which includes the
Urban Renewal fund, eligible funds within the City's Capital Improvement programs
(CIP), STP Exchange for fiscal years 2006-07 and 2007-08 (federal funds transferred to
the State for distribution to cities for street projects), City gas tax and street resurfacing
funds, and additional system development funds which are available for capacity
expansion on the North Front Street portion of this project only. Even with the additional
revenues identified, there is still a need for $1,102,160 to be acquired over the project
time period.
Councilor Bjelland questioned what other sources of funds would be available to fund the
anticipated shortfall.
Administrator Brown stated that grant funds may be available and he will be searching
through a variety of grant sources in an effort to find additional funds for this type of
project. He will be pursuing Community Development Block Grant (CDBG) funds since
they do provide grants for up to $300,000 for urban renewal/downtown revitalization
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projects and the next opportunity to apply for these funds will be in January 2007.
Another source of funding for the Council to consider is requiring PGE to do the
undergrounding as allowed for within the City's franchise agreement and PGE would, in
turn, absorb the $279,000 conversion cost. He had tried to get PGE to absorb the cost of
the conversion but PGE stated that they would absolutely not absorb the cost. Under
current law, PGE can then make their own decision as to whether or not to file a rate
increase with the Oregon Public Utility Commission (OPUC) to recover their conversion
cost from ratepayers within the City. If the rate surcharge as determined by PGE is
submitted to and approved by the OPUC, a rate adjustment could be in effect for 5 or
more years. He stated that the ratepayer bills from PGE would have a separate line item
showing the additional charge. He also provided examples of payback scenerios for the
purpose of giving the Council an idea as to how much a residential ratepayer could expect
to pay monthly ifPGE does receive approval from the OPUC for a surcharge. He also
stated that the City could generate any amount up to the total forced undergrounding
project cost but he felt that $300,000 using this mechanism for generating a revenue
source would be more affordable to the ratepayers.
Discussion was held regarding potential impact of PGE passing a portion of the forced
undergrounding cost onto the ratepayers and how ratepayers will react to this additional
fee.
Councilor Bjelland felt that the 10-year repayment plan is the logical approach since the
projected surcharge is minimal to the residential customer. He, along with other
Councilors, suggested that the $300,000 figure be increased to $500,000 for the purpose
of providing some of the additional funding source needed to cover increased
undergrounding costs for this project.
Administrator Brown reminded the Council that the franchise ordinance allows the City
to make PGE underground their electrical lines but it does not say that PGE has to pass
this cost onto the ratepayers. The decision to pass on the cost to the ratepayers is a
decision at the PGE corporate level to maintain the investor's investment in their
company. He also brought to their attention that the City would make the initial payment
to contractor for the full cost of the undergrounding and the City would only get
reimbursed for the conversion cost from PGE once they have collected funds from the
ratepayers. He was still investigating this issue through PGE and was unsure if PGE
reimburses the City in a lump sum amount once they receive the approval from OPUC or
if they make payments to the City over the years they collect the rate adjustment.
51.9 Administrator Brown stated that if the CDBG grant funds and $300,000 or more in
conversion funding through PGE is acquired, then the balance necessary to complete the
project is a more manageable amount of budget resources to come up with over the next
couple of years.
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Richard Jennings stated that while he was Mayor, he had heard a lot of complaints from
the public about the overhead electrical lines in the downtown area. However, with the
passage of Urban Renewal, he has not heard those comments since there is an expectation
that the lines will come down as part of downtown revitalization.
Brief discussion was held regarding the need to make the public aware of what will be
happening if PGE pursues, and receives, a utility rate adjustment for the conversion cost.
It was noted that, depending upon PGE methodology used to determine the payback for
the conversion costs, a utility bill could see about $.30 per $100 (0.3%) on a monthly bill.
56.4 Administrator Brown stated that in one construction season, all of the undergrounding
will be completed and the City will try to get the streets and sidewalks done from the
High School south to Harrison Street. Assuming the funding issues have been resolved,
the next second construction season would involve the remainder of the area from
Harrison Street to Cleveland Street. Under this construction plan, North Front Street will
make the downtown area more accessible and hopefully attract more people to the area.
In regards to the undergrounding, Administrator Brown stated that if the Council elects to
force PGE to move forward with the undergrounding, then formal Council action will be
necessary at either the first meeting in December 2006 or in January 2007.
64.1 Administrator Brown also mentioned that it will cost about $100,000 to install private
electrical boxes and staff will be proposing that businesses pick up one-half (Yz) of the
cost through a local improvement district (LID) process. There will also be some costs
incurred for paving the downtown Alley which may involve a cost share utilizing the LID
process. Further discussion on this issue will be brought up before the Council next
spnng.
70.8 Mayor Figley obtained a consensus from the Council members present to go ahead with
the Front Street project which includes the forced undergrounding of electrical lines as
outlined in PGE's preliminary design work.
71.5 The meeting concluded at approximately 7:48 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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COUNCIL MEETING MINUTES
NOVEMBER 27,2006
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000 1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, ST ATE OF OREGON, NOVEMBER 27,2006.
015 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Absent
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Community
Development Director Allen, Police Chief Russell, Recreation Services Manager
Patterson, City Recorder Tennant
0044 ANNOUNCEMENTS.
A) Mayor's Christmas Tree Lighting will be held on Sunday, December 3, 2006, at the
Downtown Plaza. A reception is scheduled at the Settlemier House between I :00 pm and
5:00 pm, followed by a candlelight procession from the Settlemier House to the
Downtown Plaza for the tree lighting ceremony. Entertainment at the Plaza will be
provided by the Dance Dance Dance troupe and local vendors will sell food items
bt:tween 5:00 pm and 8:00 pm.. The City's Christmas Tree will be lit at 6:30 p.m..
B) Mayor's Holiday Concert will be held on December 12 and 14,2006, 7:00 p.m., at
Woodburn High School. Mayor Figley stated that all credit for organizing this annual
event goes to Councilor Nichols and she expressed her appreciation to all of the local
performing singers and musicians who make this event successful.
C) Recreation and Park Board and Budget Committee Vacancies: Mayor Figley
encouraged interested members of the community who would like to serve on either the
Recreation and Park Board or the Budget Committee to request an application form from
the City Administrator's office.
0140 PRESENTATION: CERTIFICATE OF APPRECIATION - FLURRY STONE.
Mayor Figley presented a Certificate of Appreciation to Flurry Stone for his volunteer
service to the community over the last 21 years by being a member of the City's Budget
Committee, in addition to being the Chair of the Swimming Pool Committee and the
Community Center Planning Committee.
Flurry Stone thanked the Mayor and Council for being allowed to participate on the
various committees and for being supportive of the programs and ideas these Committees
have worked on over the years. He also stated that he had worked with several City
Managers over the tenure of his Budget Committee appointment and Administrator
Brown is an excellent budget manager who works at getting projects done as quickly as
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possible. Lastly, he hoped that the Mayor and Council will continue to (1) pursue the
development of a new community center and Mill Creek greenway and (2) improve
transportation options for commuters with the hope that, once again, the City will be able
to have Amtrack make Woodburn a passenger stop.
0439 CONSENT AGENDA.
A) approve the Council meeting minutes of November 13,2006;
B) accept the Library Board minutes of November 8, 2006;
C) receive the Recreation Services Division Attendance Report for October 2006; and
D) receive the Library Monthly Report for October 2006.
MCCALLUM/NICHOLS...adopt the Consent Agenda as presented. The motion passed
unanimously.
0486 COUNCIL BILL NO. 2649 - RESOLUTION ESTABLISHING EMPLOYEE
COMPENSATION INCLUDING SALARY AND BENEFITS.
Councilor Sifuentez introduced Council Bill No. 2649. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill No. 2649 duly passed.
0540 FRANCHISE AGREEMENT WITH UNITED DISPOSAL SERVICE.
City Administrator Brown stated that the franchise agreement with United Disposal
Service has a term provision that provides for a six-year rolling term in that every January
1 the franchise is for a new six-year period unless the City gives notice of intention to
terminate the contract prior to December 1. If notice is given on or before November 30,
2006, the franchise agreement would end on December 31, 2012. The City has had a
relationship with United Disposal since the 1960's, however, the rolling term was
established in 1978 when the current franchise ordinance was adopted. He stated that this
item is not on the agenda because of any problem with the City's relationship with United
Disposal. In fact, he has found that working with them to be very easy over the last eight
years and they are very willing to immediately deal with any concern that might be
brought to their attention. However, the rolling term provision does not offer the City an
opportunity to make changes to the contract and his recommendation to send the
company a notice of intention to terminate the franchise has been made so that the City
can convert the franchise to a six-year fixed period oftime so that negotiations can take
place. At some point in time prior to the expiration of franchise in 2012, the Council,
whether it be the current membership or new members, can decide if they want to
continue the relationship with United Disposal and, if so, make any changes to the
franchise agreement including a decision on a rolling or fixed term.
Councilor McCallum questioned if any other franchise agreement within the City has a
rolling term provision.
Administrator Brown stated that all of the other City franchises have a fixed term ranging
from 5-10 years. However, except for Silverton, United Disposal has rolling-term
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franchises in all of the cities in which they provide solid waste services.
Robin Murbach, United Disposal Services, stated that rolling term franchises came into
existence from the banking side of business in that bankers are not willing to loan a lot of
money on a franchise that may have only a couple of years until the end of the franchise.
She stated that with the recently agreed upon co-mingled cart recycling program, United
Disposal has invested about $500,000 which will be depreciated over a 7-10 year period.
On the financial side, a company would not necessarily re-invest for that much money for
a 6-year term franchise. As a business partner with the City, she stated that it makes it
very difficult to obtain money for re-investing since a 6-year term is only good for 3 years
because once those 3 years are up and the company is heading into the last 3 years, it
makes decision- making for the company extremely hard. This is the reason as to why,
between the cities and the industry, they moved the franchise term from a fixed period to
a rolling term. She stated that there are more cities going to the rolling term rather than
back to the fixed term concept and she reiterated that a rolling term is a license for them
to reinvest in their partnership with a governmental agency, communities, and facilities.
She urged the Council to either delay the vote and give them time to address the issues
and/or clauses in the franchise ordinance rather than the term of the agreement.
Councilor McCallum stated that the current franchise ordinance was adopted when it was
a locally owned firm but it is now part of a very large corporation. He felt that bankers
would also be looking at the corporation along with the company's past history of
working in our community when making financial decisions.
Ms. Murbach stated that companies are held to a different standard now under current
federal legislation since some large companies have done some bad business in
communities nation-wide. Under this legislation, capital expenses with a shorter
agreement term than a normal length of time for depreciation must be depreciated over
the shorter period of time. Therefore, any investment United Disposal would incur over
the next six years will have a depreciation period over the remaining years of the
agreement thereby increasing their business expense. Accelerating the depreciation
period is a justifiable business expense to come back to the City for a rate increase to their
customers. Even though they are a large company, they still have to follow existing laws.
1273 COXJSIFUENTEZ... authorize and direct staff to give the notice of intent to terminate
United Disposal's franchise effective December 31, 2012.
Councilor Cox stated that this action has absolutely no indication of dissatisfaction of the
service United Disposal has done over the years but there are many provisions in the
franchise that are either obsolete or need to be updated. The business used to be a
hometown company but the business is now a corporation and a part of the New York
Stock Exchange. Although the management of Allied Waste has, for the most part, kept a
hands off approach to the local operation, there is no guarantee that will continue. In
turn, Allied Waste might be bought out by some other corporation and the whole
philosophy on how the business should operate could change. He felt that the City needs
tools to protect itself since there currently is no way to change the agreement unless
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United Disposal consents to the change. In the past, changes have been made by mutual
agreement but the City does not have any right to make any changes unless the franchise
is terminated. He reassured United Disposal that the City is willing to negotiate soon
rather than waiting until 2012 but at least United Disposal will know that they need to
listen to the City's concerns and then negotiations can move forward in a meaningful
way. The result may be that there will continue to be some type of rolling agreement but
there would need to be some additional protections for the City such as the ability to re-
open on narrow issues. The franchise ordinance that currently exists which goes back, for
the most part to the 1960's, has language in it that does not make much sense for the
modem day utility franchises. For example, there is no provision in the ordinance that
would give the City the right to determine if the sale of the business is in the public
interest. He reiterated that the only way the City can address the various problems with
the franchise agreement is to give notice by December I Sl then the City can start working
with United Disposal to make necessary changes.
Councilor McCallum stated that the City is very fortunate to receive the kind of service it
does from United Disposal but changes can occur. United Disposal has continued their
community spirit since the business was sold to Allied Waste but it is necessary that the
City have the ability to look after the public's interest.
Councilor Nichols did not feel that this action would change anything between United
Disposal and its customers but it will affect the City in that changes will be made to the
existing ordinance.
Mayor Figley reiterated that United Disposal Service is a most satisfactory franchise for
the City to work with but concerns are with the perpetual and, to some extent, the
unilateral nature of the contract. The main issue is that there are some terms of the
existing franchise that need to be updated and this is a mechanism in order to make that
happen.
1888 Councilor Bjelland also stated that most businesses are more anxious to get more rapid
depreciation because it is a non-cashable item and will enhance a business's cash flow if
you can accelerate your depreciation rate. It may affect the business's reportable income
but he did not feel that it would be a significant issue. He felt that the disadvantage to a
rolling period is that the City is unable to address any problems for a six-year period after
notice has been given unless a change is made by mutual agreement.
On roll call vote, the motion passed unanimously.
Ms. Murbach stated that she is looking forward to working with the Mayor, Council, and
staff in coming to terms with the City on what needs to be changed.
2030 APPOINTMENT OF ADMINISTRATOR PRO TEM.
BJELLAND/MCCALLUM... appoint Police Chief Scott Russell as Administrator Pro
Tern for the period of November 30,2006 through December 5,2006.
The motion passed unanimously.
Page 4 - Council Meeting Minutes, November 27, 2006
10
.It
,. .
COUNCIL MEETING MINUTES
NOVEMBER 27,2006
TAPE
READING
2085 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community Development Director's approval of Design Review 06-16 located at
781 Goose Hollow Court (Lot 28) in Phase II of the Goose Hollow Planned Unit
Development (PUD): Approval of the design review allows for an outdoor swimming
pool and 324 square foot pool house.
Community Development Director Allen distributed copies of a letter from J. Moore (750
Hazelnut Drive) whose issue seemed to be more addressed with something the
Homeowner's Association should be able to deal with as opposed to the land use
proceedings. He stated that this letter was not an appeal of the decision. Mr. Moore was
informed that this letter did not qualify as an appeal and he did not come as of this date to
file an appeal.
No action was taken to bring this issue up before the Council for review.
2235 MAYOR AND COUNCIL REPORTS.
Councilor Nichols cautioned motorists to drive carefully in the adverse weather we are
currently experiencing.
Councilor McCallum shared with the community that Cathy Heisen, Community Liaison
person for Silverton Hospital, passed away on Thanksgiving Day. She was heavily
involved in a number activities in our community as part of her job and it was his
pleasure to work with her for the first 4 years of the Relay for Life event as a tri-chair. He
stated that she lost her life to cancer but the battle continues to find cures for this disease.
Mayor Figley stated that the community has lost a person who has contributed a lot over
the years but she will be remembered in a lot of favorable ways for many years to come.
Councilor Cox apologized for missing last week's work session since he had forgotten
the meeting but he has since spoken with City Administrator Brown on what happened at
the work session. He hoped to be able to have some input on the Front Street issue before
any final action is taken but he will soon be on vacation and will miss the first meeting in
December 2006 and the first meeting in January 2007.
Councilor Bjelland stated that he may also be unable to attend the December 11, 2006
Council meeting.
Administrator Brown stated that staff would not be able to bring anything back to the
Council on the Front Street matter until January 2007 and, if possible, staff will hold off
on bringing this issue back to the Council until their second meeting in January.
2564 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under ORS
192.660(1)( d).
NICHOLS/MCCALLUM... adjourn into executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
Page 5 - Council Meeting Minutes, November 27,2006
11
..
COUNCIL MEETING MINUTES
NOVEMBER 27,2006
TAPE
READING
The meeting adjourned to executive session at 7:43 p.m. and reconvened at 8:03 p.m..
Mayor Figley stated that no action was taken or decisions made by the Council while in
Executive Session.
2604 ADJOURNMENT.
MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:04 p.rn..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
Page 6 - Council Meeting Minutes, November I.~ 2006
"'It
,..
Executive Session
COUNCIL MEETING MINUTES
NOVEMBER 27,2006
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, NOVEMBER 27,2006.
CONVENED. The Council met in executive session at 7:45 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the statutory authority of ORS 192.660 (1)( d) to conduct
deliberations with persons designated by the governing body to carry on labor negotiations.
ADJOURNMENT.
The executive session adjourned at 7:58 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, November 27,2006
13
... .
9C
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
December 1, 2006
To:
Jim Allen, Community Development Director
From:
Building Division
Subject:
Building Activity for November 2006
2004 2005 2006
I Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 10 $2,279,961 5 $925,932 3 $399,083
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 4 $74,064 0 $0 3 $36,000
Industrial 0 $0 0 $0 0 $0
Commercial Value 4 $30,500 5 $434,232 6 $159,520
Signs, Fences, Driveways 6 $1 7,150 4 $19,101 0 $0
Manufactured Homes 1 $65,000 0 $0 0 $0
TOTALS 25 $2,466,675 14 $1,379,266 12 $594,603
Fiscal Year (July 1- $13,861,560 $14,621,693 $7,507,844
June 30) to Date
I 'CcmmuOlty Developmenl'Buildlng\Buildlng ActlvltylBldgAct-2006\Bldg ActiVity - Memo1~vlty - November 2006 wpd
"It
'T ,,". ..,
PL.NNIN~
Project Applicant Description
SiteLocation:
CU 2006- Mid-Valley Parking lot construction.
02DR 06-10, Community
VAR 06-11, Church
VAR 06-12,
SWOD SW Comer of Lincoln SI.
and Gatch SI.
DR 2006- Mid-Valley Off street parking lot for
10CU 06-02, Community Mid-Valley Community
VAR 06-11, Church Church
1 VAR 06-12.
SWOD 06-01 SW Comer of Lincoln SI.
and Gatch SI.
M37 2006-01 Delbert Waiver of all land use
Gottsacker restrictions or in lieu of
compensation
500-510.514 N. Pacific
Hwy
Status:
Date
Received
Deemed
Complete
120 Day Planner
Date
Referrals
Facilities Mail Notice
Meeting for PC
Notice to
Paper
Post Stf Rpt Due PC Hearing PC Final
Property Admin Dec. Order
Appeal
Deadline
Received
07/06/2006 11/22/2006 03/22/2007 Jason
Richling
10/12/2006
11/24/2006
12/04/2006 12/07/2006 12/1412006 12/14/2006 12/26/2006
Received
07/0612006 11/22/2006 03/22/2007 Jason
Richling
10/13/2006
11/24/2006
12/04/2006 12/07/2006 12/14/2006 12/14/2006 12/26/2006
Received
09/27/2006 09/27/2006 01/25/2007 Jim Allen
10/13/2006
PLA 2006-
03SUB 2002-
~2
KWDS, LLC Consolidation of lots 5 &
Chad Juranek 6 in Woodburn Town
Center
Lots5&6
Received
12/04/2006
Breah Pike-
Salas
\0
. pap4il1 of 1, ',,' .'
."",;~;~.,-;~~&-~.,'.....~>~
PLANNING J~ROJ
'ii, < ".. ..,
~
Reva.ecI= . TUesd~YI .'. .
"<'~...I'~''''''AA',,~~~;odJ<
Project Applicant Description Status: Date Deemed 120 Day Planner Referrals F aGilities Mail Notice Notice to Post Stf Rpt Due PC Hearing PC Final Appeal
Received Complete Date Meeting for PC Paper Property Order Deadline
SiteLocation
DR 2006- John & Delisa Multi-Story Medical and Hold by Applicant 05/11/2005 Jason 06/30/2006 7/10/2006
05VAR 06-03 Baker Office Building Richling
WWDM Property - Mt
Hood Avenue and
Progress Way
DR 2006-12 Brandon Drive- Thru Coffee Shop Incomplete 07/24/2006 Breah Pike-
Eastman Salas
1535-1575 MI. Hood
Avenue
DR 2006-13 Bruce Kenny Office Building Incomplete 07/31/2006 Naomi 11/02/2006 11/15/2006
Zwerdling
Hwy 214 at Glatt Circle
DR 2006- Welkin 8 unit Multi-family Incomplete 10/12/2006 Breah Pike-
17VAR 2006- Engineering Development on Vacant Salas
~7 Parcel
1037 Lincoln SI.
PUD 2006- Soones Modifications to Boones Incomplete 10/31/2006 Naomi 11/22/2006
01ZC 2006-01, Crossing, Crossing PUD Zwerdling
C U 2006-04 LLC - Mike
Hanks
Parcels 1, 2 & 3 of
Partition Plat 2006-55
SUB 2006- Murphy/Stasca 6-Lot Subdivision of Incomplete 10/02/2006 Jason 10/16/2006
02VAR 2006- usky Vacant Parcel Richling
15, VAR 2006-
16 344 Hardcastle Ave
~..~~i~"l~t!~~;,.:'.~~,j'-';.':;-~.."\i~~~;tkM';r~~"I;~~lti,
(', "
~
W.OODBURN
9E
A~r~
1",orpor.1ttd 'S8~
.
.
December 4, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott Russell, Chief of Police ~
SUBJECT: Pollee Department Statistics - November 2006
RECOMMENDA liON:
Receive the Report
BACKGROUND:
The attached report lists year to date reported offenses and arrests displayed by
month.
DISCUSSION:
The statistics have been gathered from the Police Departments Records
Management System. The Previous year's statistics are also displayed for
comparison purposes.
FINANCIAL IMPACT:
None
Agenda Item Review: City Administrat
City Attorney
Finane
17
Wcxxfuurn Police Dept. PAGE 1
DATE: 12/04/2006 PL6860
TIME: 11:16:33 M)N!'HLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2006 SCOTI'RU
ORI#: OR0240S00 WPD RESULTS FOR ALL OFFENSES
DATE USED: OFFENSE DATE
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP ocr NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
AGGRAVATED ASSAULT 2 2 1 1 5 3 2 1 1 2 3 23
ANIMAL ORDINANCES 4 6 2 4 2 0 2 2 0 1 0 23
ARSON 0 0 0 0 0 0 1 2 0 0 0 3
ASSAULT SIMPLE 14 19 21 17 9 22 20 10 14 13 17 176
BRmERY 0 0 0 0 0 0 0 0 1 0 0 1
BURGLARY - BUSINESS 8 5 7 3 3 2 1 0 1 2 3 35
BURGLARY - OTHER STRUCTURE 3 3 3 5 3 4 2 0 2 5 1 31
BURGLARY - RESIDENCE 2 1 9 11 7 3 3 4 6 8 2 56
CHILD NEGLEcr 0 0 1 4 1 0 0 0 0 1 0 7
CITY ORDINANCE 1 2 1 1 1 1 1 1 3 2 0 14
! CRIME DAMAGE-NO VANDALISM OR ARSON 39 21 38 34 29 17 10 7 14 12 IS 239
CURFEW 0 2 0 0 1 0 1 0 3 3 1 11
CUSTODIAL INTERFERENCE 0 1 0 0 0 1 0 0 1 0 0 3
CUSTODY - DETOX 2 0 3 2 3 1 1 3 2 1 1 19
CUSTODY - MENTAL 2 0 2 0 1 1 2 1 0 0 0 9
CUSTODY - PROTECITVE 0 1 0 1 0 1 1 1 0 0 0 5
DISORDERLY CONDUcr 1 7 6 5 5 7 7 6 7 7 4 62
DRINKING IN PUBLIC 0 0 0 0 1 0 0 0 0 0 0 1
DRIVING UNDER INFLUENCE 12 7 15 15 12 12 24 19 8 9 7 140
DRUG LAW VIOLATIONS 14 15 31 24 15 21 18 36 16 27 22 239
DWS/REVOKED - FEWNY 0 1 0 0 0 0 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 6 6 7 2 2 5 6 5 2 2 4 47
.... ELUDE 4 0 0 0 1 0 2 1 2 2 0 12
(X) EMBEZZLEMENT 0 0 0 0 0 0 0 1 0 0 0 1
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 1 0 0 0 1 2
FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 2 7 7 5 3 6 4 5 59
FAMILY-OTHER 0 0 0 0 0 0 1 2 0 1 0 4
FORCmLE RAPE 0 1 2 2 1 1 2 0 0 2 0 11
FORGERY/COUNTERFEITING 7 5 12 3 7 4 3 2 5 6 11 65
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 1 0 0 0 0 0 0 1
FRAUD - BY DECEPTION/FALSE PREl'ENSES 1 0 0 0 0 0 1 0 0 1 1 4
FRAUD - CREDIT CARD/AUroMATIC TELLER MACHINE 3 4 2 4 1 5 0 3 1 1 0 24
FRAUD - IMPERSONATION 1 6 2 0 1 2 0 1 1 3 1 18
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 1 0 0 0 0 0 0 0 0 1
FRAUD - OF SERVICES/FALSE PRETENSES 1 0 1 1 0 0 0 0 0 1 0 4
FRAUD-OTHER 0 0 0 0 0 1 0 0 0 0 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 42 36 43 37 34 41 31 37 38 27 24 390
FURNISHING 0 1 1 1 1 0 2 0 2 2 0 10
GARBAGE LI'ITERING 0 0 0 1 1 1 0 0 3 0 1 7
HIT AND RUN FELJJNY 1 0 0 2 2 2 0 0 2 2 2 13
HIT AND RUN-MISDEMEANOR 17 14 9 16 11 13 16 17 10 11 13 147
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 2 0 0 0 0 0 2
INI'IMIDATION /O'IHER CRIMINAL THREAT 9 0 1 4 4 2 1 0 3 1 4 29
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 1 1 1 0 0 0 0 0 1 3 7
LICENSING ORDINANCES 0 2 2 0 0 3 0 1 0 0 0 8
MINOR IN POSSESSION 0 3 4 3 0 5 3 0 4 5 4 31
MINOR ON PREMISES 0 0 0 1 0 0 0 0 0 0 0 1
MISCELLANEOUS 6 11 9 8 9 11 5 6 5 2 7 79
IDI'OR VEHICLE THEFT 10 8 13 3 9 6 10 7 9 14 21 110
NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 1 0 0 0 1 0 0 2
OTHER 15 16 18 19 8 5 14 8 12 6 12 133
WoodbUITl Police Dept. PAGE 2
DATE: 12/04/2006 PL6860
TIME: 11:16:33 MJNTIILY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2006 SCOTI'RU
ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES
DATE USED: OFFENSE DATE
CHARGE DESCRIPl'ION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
PROPERTY - FOUND LOST MISLAID 25 22 28 29 36 21 29 37 21 25 19 292
PROPERTY RECOVER FOR OTHER AGENCY 2 0 1 0 0 0 1 0 0 0 1 5
PROSTITUTION - ENGAGE IN 0 0 0 0 0 1 1 1 0 0 0 3
PUBLIC HEALTH AND SAFETY ORDINANCES 10 15 17 16 22 22 46 8 8 2 1 167
RECKLESS DRIVING 2 0 0 0 5 0 2 2 2 2 0 15
ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 1 1
ROBBERY - BUSINESS 0 0 1 0 0 0 0 1 1 0 0 3
ROBBERY - HIGHWAY 0 0 0 1 1 0 0 0 0 0 0 2
ROBBERY - OTHER 0 0 2 0 0 2 0 4 1 1 0 10
RUNAWAY 5 13 7 10 4 4 7 5 3 7 5 70
SEX CRIME - CONI'RIBtn'E TO SEX DELINQUENCY 0 1 3 1 0 1 3 1 0 0 0 10
SEX CRIME - EXPOSER 0 0 0 0 1 0 0 0 0 1 0 2
SEX CRIME - FORCIBLE SODOMY 0 0 1 0 0 0 0 0 0 0 0 1
SEX CRIME - M:>LEST (PHYSICAL) 2 1 2 4 4 1 2 1 2 1 0 20
SEX CRIME - NON FORCE SOTX;MY 0 0 0 0 0 1 0 0 1 0 0 2
SEX CRIME - NON-FORCE RAPE 2 0 0 1 0 0 0 0 0 0 0 3
SEX CRIME - OBSCENE PHONE CALL 1 1 0 1 0 0 0 0 0 0 0 3
SEX CRIME - OTHER 0 0 1 0 1 0 0 0 0 0 0 2
SEX CRIME - PORNOORAPHY /OBSCENE MATERIAL 0 0 0 0 0 1 0 0 0 0 0 1
STALKER 0 0 0 1 0 0 0 0 1 0 0 2
STOLEN PROPERTY - RECEIVING, BUYING, POSSESSING 1 1 3 3 1 1 1 0 2 4 1 18
SUICIDE 0 0 0 0 1 0 0 0 0 0 1 2
I-' THEFr - BICYCLE 0 3 2 2 4 1 5 10 6 5 2 40
\0 THEFI' - BUILDING 2 3 3 1 1 2 1 0 3 4 2 22
THEFr - FROM M)TOR VEHICLE 47 56 41 42 29 19 12 4 16 15 17 298
THEFr - M)TOR VEHICLE PARTS/ACCESSORIES 22 15 13 16 15 6 4 3 3 9 11 117
THEFI' - OTHER 5 10 11 20 7 13 25 11 9 13 11 135
THEFr - PICKPOCKEr 0 0 1 0 0 1 1 0 0 0 0 3
THEFr - PURSE SNATCH 1 0 0 0 0 3 0 0 0 0 0 4
THEFr - SHOPLIFr 6 3 3 3 6 7 7 7 6 3 5 56
TRAFFIC ORDINANCES 0 1 4 5 1 0 1 0 0 0 0 12
TRAFFIC VIOLATIONS 13 15 14 3 16 13 28 13 12 13 11 151
TRESPASS 7 4 9 10 11 8 7 5 8 6 5 80
VANDALISM 49 42 47 44 34 34 36 32 23 59 32 432
VEHICLE RECOVERD FOR OTHER AGENCY 4 1 3 4 3 0 1 7 4 0 1 28
WARRANT ARREST FOR OUR AGENCY 0 2 0 0 3 0 2 2 0 0 2 11
WEAPON - CARRY CONCEALED 2 1 1 4 2 1 2 1 1 1 1 17
WEAPON - EX FELON IN POSSESSION 0 0 1 0 0 0 0 0 0 0 0 1
WEAPON - POSSESS II...I...EX;AL 0 0 2 1 2 0 1 0 0 1 0 7
ZONING ORDINANCE 2 5 5 4 2 3 2 3 1 0 0 27
-----------------------------------------------------------------------------------
TOTAL : 443 431 499 463 411 378 426 345 319 359 322 4396
------------------------------------------------------------------------------------------------------------------------------------
2006 TOTAL 443 431 499 463 411 378 426 345 319 359 322 0 4396
2005 TOTAL 428 386 377 359 507 481 429 412 371 364 475 0 4589
2004 TOTAL 524 544 575 498 488 444 367 393 401 341 357 0 4932
Woodburn Police Dept. PAGE 1
DATE: 12/04/2006 PL6850
TIME: 11:16:23 MJNTHLY ARRESTS BY OFFENSE FOR JANUARY THRU NOVEMBER 2006 SCOTI'RU
ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AU3 SEP ocr NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
AGGRAVATED ASSAULT 3 1 5 0 1 5 3 4 1 1 5 29
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 0 1 0 0 0 0 0 0 0 1 0 2
ARSON 0 0 0 0 0 0 0 0 0 0 0 0
ASSAULT SIMPLE 15 11 22 16 6 18 19 9 11 9 19 155
ATI'EMPTED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
BOMB THREAT 0 0 0 0 0 0 0 0 0 0 0 0
BRIBERY 0 0 0 0 0 0 0 0 1 0 0 1
BURGLARY - BUSINESS 0 0 0 0 2 2 2 0 0 0 1 7
BURGLARY - OTHER S'IRUC'IURE 0 1 0 3 0 0 0 0 0 0 0 4
BURGLARY - RESIDENCE 3 0 0 4 0 1 0 0 1 1 4 14
! CHILD ADBANOOMENT 0 0 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 1 0 1 3 1 0 0 0 0 0 0 6
CITY ORDINANCE 0 0 1 0 0 1 0 0 0 2 0 4
CRIME DAMAGE-NO VANDALISM OR ARSON 1 0 2 4 1 3 6 3 0 1 5 26
CURFEW 0 2 0 0 1 0 1 0 3 6 1 14
CUSTODIAL INTERFERENCE 0 1 0 0 0 1 0 0 1 0 0 3
CUSTODY - DETOX 2 0 3 2 3 3 1 3 2 1 1 21
CUSTODY - MENTAL 2 0 2 0 1 1 2 1 0 0 0 9
CUSTODY - PROTECITVE 0 1 0 5 0 1 3 1 0 2 0 13
DISORDERLY CONDUCT 2 7 12 10 6 14 16 8 9 11 5 100
rxx::uMENTATION 0 0 0 0 0 0 0 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 0 2 0 0 0 0 0 0 2
N DRIVING UNDER INFLUENCE 12 7 15 15 12 11 24 19 8 9 7 139
o DRU3 LAW VIOLATIONS 16 16 44 25 23 26 22 48 17 29 33 299
DRU3 PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED - FELONY 0 1 0 0 0 0 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 8 6 7 2 2 4 6 4 2 3 4 48
ELUDE 5 0 0 0 1 0 2 1 2 1 0 12
EMBEZZLEMENT 0 0 0 0 0 0 0 0 0 0 0 0
ESCAPE FROM YOUR CUSTODY 0 0 0 1 1 0 1 0 0 0 1 4
EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 3 7 8 5 3 8 4 5 63
FAMILY -OTHER 0 0 0 0 0 1 3 1 0 1 0 6
FORCIBLE RAPE 0 0 0 0 0 1 1 0 0 0 0 2
.:t FORGERY/COUNTERFEITING 0 1 6 3 7 4 0 2 1 5 8 37
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - CREDIT CARD/AJ:fI.'aIfATIC TELLER MACHINE 0 1 0 0 0 0 1 0 0 1 0 3
FRAUD - IMPERSONATION 0 1 2 0 3 1 3 0 1 3 0 14
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0 0 1 0 0 0 0 1
FU;ITIVE ARREST FOR ANOTHER AGENCY 44 42 48 48 36 45 34 43 43 28 23 434
FURNISHING 0 1 1 2 1 0 2 0 3 2 0 12
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
GARBAGE LITI'ERING 0 0 0 2 1 1 0 0 3 0 1 8
HIT AND RUN FELONY 1 0 0 0 2 1 0 0 0 0 1 5
HIT AND RUN-MISDEMEANOR 5 1 2 3 1 2 1 4 2 2 1 24
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 1 0 0 0 0 0 1
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Woodburn Police Dept.
DATE: 12/04/2006
TIME: 11:16:23
ORI#: OR0240500 WPD
CHARGE DESCRIPTION
M)NI'HLY ARRESTS BY OFFENSE FOR JANUARY TIIRU NOVEMBER 2006
RESULTS FOR ALL CHARGES
JAN FEB MAR APR MAY JUN JLY AUG SEP ocr NOV
PAGE 3
PL6850
SCOTI'RU
TOTAL
-----------------------------------------------------------------------------------------------------------------------~------------
THEFT - PICI<PCX:KET 0 0 0 0 0 0 0 0 0 0 0 0
THEFT - PURSE SNATCH 0 0 0 0 0 0 0 0 0 0 0 0
THEFT - SHOPLIFT 6 1 4 4 10 7 6 6 5 2 1 52
TRAFFIC ORDINANCES 0 0 0 2 0 0 0 0 0 0 0 2
TRAFFIC VIOLATIONS 34 50 74 32 39 21 49 34 26 33 22 414
TRESPASS 8 5 11 11 12 6 5 4 9 7 5 83
VANDALISM 9 11 2 2 7 1 3 4 3 35 2 79
VEHICLE RECOVERD FUR OTHER AGENCY 1 0 0 0 0 0 0 1 0 0 0 2
WARRANI' ARREST FOR OUR AGENCY 0 2 0 0 2 0 2 2 0 0 2 10
WEAPON - CARRY CONCEALED 1 1 1 4 2 1 2 1 1 1 1 16
~ WEAPON - EX FELON IN POSSESSION 0 0 3 0 0 0 0 0 0 0 0 3
WEAPON - CYI'HER 0 0 0 0 0 0 0 0 0 0 0 0
WEAPON - POSSESS ILLEGAL 0 0 5 2 1 0 0 0 0 1 0 9
WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ZONING ORDINANCE 0 0 0 0 0 0 0 0 0 0 0 0
---------------------------------------------------------.---------------------------------------------------------------------------
2006 TOTAL 213 218 322 253 223 223 268 226 192 244 193 0 2575
2005 TOTAL 129 149 144 234 241 231 237 250 206 187 230 0 2238
2004 TOTAL 208 194 218 195 196 221 162 198 193 172 144 0 2101
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November 30, 2006
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder
SUBJECT: CERTIFIED ELECTION RESULTS - November 7, 2006 General Election
RECOMMENDATION:
Receive the November 7, 2006 Abstract of Election Results from Marion County
Elections.
DISCUSSION:
Marion County Elections has provided the City with the certified results of ballots
cast within the City on the following Mayor and Council positions:
Mayor
Kathryn Figley
Write-In
Over Votes
Under Votes
3,659
179
3
1,416
Councilor - Ward IV
James Cox
Write-In
Over Votes
Under Votes
1,258
20
o
576
Councilor - Ward III
Peter McCallum
Write-In
Over Votes
Under Votes
386
11
o
170
Councilor - Ward V
Frank Lonergan
Write-In
Over Votes
Under Votes
339
13
o
115
TOTAL REGISTERED VOTERS WITHIN THE CITY: 6,963
Agenda Item Review: City Administrator _
City A Horney
Finance '
23
""
,. .
0VR15DICTIONAL CANVASS
CITY 5b WOODBURN
MARION COUNTY. OREQON
NOV. 7. 200b GENERAL ELECTION
RUN DATE 11/22/0b 12:30 PM
CITY OF WOODBURN. MAYOR
01 a ~athryn Keller Figley
02 a WRITE-IN
03 2 aVER VOTES
VOTES
3,b:59
179
3
PERCENT
9:5.34
4.00
04 - UNDER VOTES
0:5 BALLOTS CAST
VOTES
1.416
:5.257
PERCENT
01
02
03
04
0:5
081:5
0825
083:5
084:5
0855
0865
996 60 0 391 1447
308 24 0 13:5 407
384 1:5 1 167 :567
1314 27 2 511 1854
337 25 0 10:5 467
320 28 0 107 455
==;==:======:=s_===a2Z====.=:==~==*_==C=:==========~==~===~....===~==z=~=_===========~~s===~======a.~~~=~=~.~~~==~~.~~z==~~_~~~.~,._
~
I certify that the votes recorded on this ebstract
correctly summarize the tally 01 \lotes cast at the
~ indicated.
~ ~ I /J/.J7/0("
Signature 01 County Clerk Ddt~ of Abstract
~
.,:a.
JURISDICTIONAL CANVASS
WOODBURN WARD 3
MARION COUNTY. OREGON
NOV. 7. 2000 GENERAL ELECTION
RUN DATE 11/22/06 1230 PM
CITY OF WOODBURN. COUNCILOR WARD III
01 P~t.r McCallum
02 a WRITE-IN
03 OVER YOTES
YOTES
38b
11
o
PERCENT
97. 23
;Z. 77
04
O~
UNDER VOTES
BALLOTS CAST
VOTES
170
~b7
PERCENT
------------------------------
01
o;z
03
04
0:1
------------------------------
083:)
38b
11
o
170
:)67
=':::'=;:II:~===:;;;.-;::;;.o;;; ===;;:= =.;:.:: ===:= 1:1: ;:::::: ::=:::;::; ==::; == _:::a.::::::::;;:::=.a;;:::=::s :;=:::::. =:::::,_ _=__:::tZl=====::r==::;;;#==-======:::== ....==:a=::==:::.::;:=:.;;;;_::=:"...:' 1Il.:;..a;;;.=:G:::::"::I; a;.:=, ~ ::-==:... """Z'~ =-=.:.- ~;
:
,JURISDICTIONAL CANVASS
WOODBURN WARD 4
MARION COUNTY, OREQON
NOV. 7. 2006 GENERAL ELECTION
RUN DATE. 11/2;Z/06 t2.30 PM
CITY OF WOODBURN, COUNCILOR WARD IV
01 - J~m.s A. Cal
02 WRITE-IN
03 OVER VOTES
YOTES
1.258
20
o
PERCENT
98. 44
1. '6
04
0:1
UNDER VOTES
BALLOTS CAST
VOTES
::176
1.854
PERCENT
t.J
en
01
O;Z
03
04
05
084'
1258
20
o
576 t8::14
====;:;:;:=:::;:=:; :;Z.=::::.:::I:::;:==::;:=====:::=====;::=.::;3-~=:=...;;:;:==;;..====::IIa:::;:I=======:c.==:z=;;r.==::;=::a====:a==========;;:==:=....== ===:&=====:::;:.=::o,:::s. ~::a,:.: :::==_-=_a ~~a:s :~.a; .;a=a..ll ~.....__:: :;' -,.
JURISDICTIONAL CANVASS
WOODBURN WARD ~
MARION COUNTY, OREGON
NOY. 7. 2006 GENERAL EL~CTION
RUN DATE: It/22/0b 12:30 PM
CITY OF WOODBURN, COUNCILOR WARD V
01
02
03
Fr30k ~. Lao.rgan
WR ITE- IN
OYER YOTES
YOTES
339
13
o
PERCENT
96.31
3.69
04 - UNDER VOTES
O~ BALLOTS CAST
VOTES
115
4b7
PERCENT
01
02
03
04
05
~~~~=:::;:==~==_=~========~===============:::====~:=====~===:::~==::~=z;_==========:==:::==~~====~======~._S3=~;;:~_~~~_~~~~~=~:s:~==~~~=~~~_
/"-"'\. "
~~i~~
~:4
w.oQJ1.Bu~N
J"tlJrrcrtl/tJ t8&-J
12A
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.
.
December 11, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM:
Steve Krieg, Building Official ~
SUBJECT:
Adoption of state Building Codes
RECOMMENDA liON:
Adopt the attached ordinance adopting the current state Building Codes,
including the fire sprinkler system requirements in Appendix Chapter AN109.4.2
through AN 109.4.3 (new multi-family fire sprinkler system and multi-family retrofit
provisions), the structural, mechanical, plumbing, electrical and residential
specialty codes, the manufactured structure installation, park and camp
construction, tourist facilities, manufactured dwelling alterations, and
manufactured structure accessory building and structure regulations.
BACKGROUND:
It is necessary for the City to adopt the State of Oregon Building Codes. The City
also needs to adopt administrative provisions to administer the State Building
Codes. There are certain administrative sections in the building codes that may
be adopted and amended by local jurisdictions. The administration sections
proposed for adoption are identified in the proposed ordinance in Section 2. A.
1. through 8. The full text of the proposed administrative rules from the Oregon
Structural Specialty Code is included as Attachment A. There are no substantial
changes to the administrative provisions of the building codes proposed by this
ordinance. The administrative provisions proposed for adoption are the same as
are currently in effect by ordinance 2293, adopted on June 25, 2001. The
proposed ordinance adopts the state building codes by reference to the
adoptive Oregon Revised Statutes and Oregon Administrative Rules. The
proposed ordinance allows the City to remain current each time the State
Building Codes Division adopts new or revised building codes without having to
adopt a new ordinance each time the state adopts new or revised building
codes.
Agenda Item Review: City Administrato _
"t /
Ci y Attorney _
Finane
26
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l'
Honorable Mayor and City Council
December 11, 2006
Page 2
.
.
The Woodburn Fire District Fire Marshal has requested that the City adopt the fire
sprinkler system requirements found in Appendix Chapter AN 1 09.4.2 through
AN109.4.3 for multi-family buildings. A letter of support from the Woodburn Fire
District is included as Attachment B. The new construction sprinkler system
provisions are the same as currently adopted by ordinance 2293. The retrofit
sprinkler system provisions are the same as the requirements currently adopted
by ordinance 2293.
The current building codes have varying thresholds for when an inactive permit
application or inactive issued permit is to be expired. Staff recommends the
expiration dates align throughout the various building codes for uniformity, ease
of understanding by the construction community, and ease of administration.
180 days for a permit or application to expire is the standard that has been in
effect under older versions of the building codes. 180 days, which is the longest
period of time specified in any of the updated building codes was chosen as
the permit or application expiration threshold. When an inspection is performed
on an issued permit the period of permit validity is extended 180 days
automatically. Applicants can request one 180-day extension for their
application or inactive permit.
DISCUSSION:
The updated codes help increase the quality of buildings by recognizing the
recent construction means, methods and materials. The building codes are
nationally recognized codes. The State of Oregon amends the national codes:
1) as required due to climatic or geographic conditions unique to Oregon; 2)
when necessary to be compatible with other statutory provisions; 3) when
necessary to conserve scarce resources; and 4) as necessary to be compatible
with other national codes and standards.
The trend in the national building codes is to encourage the installation of fire
sprinkler systems in all buildings. When a sprinkler system isn't installed, the new
codes require an increased level of fire protection for the structure, corridors,
and shorter exit travel distances. The trend to encourage sprinkler systems in
buildings is due to the positive track record of sprinkler systems protecting life
and limiting property damage in fire conditions.
Staff proposes adoption of all applicable building codes along with the multi-
family fire sprinkler system provisions. The state adopts the fire sprinkler retrofit
requirements for optional use in municipalities. However, it is only effective when
specifically adopted by local jurisdictions on an individual basis and was not
27
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Honorable Mayor and City Council
December 11, 2006
Page 3
.
.
mandated statewide. A definition is needed to clarify the threshold for installing
a sprinkler system in an existing apartment building.
The fire sprinkler system requirements would mandate a fire sprinkler system in all
new apartment buildings over one story in size and in one story apartment
buildings with more than 16 attached dwelling units. This threshold is retained
from the currently adopted ordinance 2293.
The new building code added the term "substantially altered or damaged" for
identifying when a sprinkler system needs to be retrofitted in an existing
apartment building. A definition of "substantially altered or damaged" has
been added to the proposed ordinance. A similar definition is currently in effect
in the Woodburn Development Ordinance (WDO) identifying when a building
and site have to be upgraded to current WDO standards during a renovation.
Staff recommends using the WDO threshold for triggering the installation of a fire
sprinkler system in existing apartment buildings. The sprinkler system retrofit
provisions would have sprinkler systems installed in existing apartment buildings
when more than 50 percent of the dwelling units are altered or damaged by
more than 60 percent of the value of the those units.
Adoption of the multi-family fire sprinkler system requirements is an effective way
to maintain the level of life safety provided to Woodburn citizens who live in
multi-family structures in our community.
Adoption of the State building codes is part of a process by the Building Division
to keep current and in compliance with most recent State adopted building
codes and construction requirements.
FINANCIAL IMPACT:
None.
28
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COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY CODES; SETIING FORTH THE
POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES
AND FEES; ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCE 2293
AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon regularly adopts certain specialty codes;
and
WHEREAS, the City has established a building inspection program under
state statutes and the administrative rules of the State Building Codes Division;
and
WHEREAS, under the authority of ORS 455.150, the City of Woodburn
administers those specialty codes and building requirements adopted by the
state which the City of Woodburn is granted authority to administer; and
WHEREAS, it is necessary for the City to periodically adopt the most recent
additions of the state specialty codes so that they can be enforced and
administered within the corporate limits of the City; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOllOWS:
Section 1. Definitions. For the purpose of this Ordinance, the following
terms shall mean:
A. Building Official - means the City of Woodburn Building Official who
is responsible for building inspections and with the administration
and enforcement of this ordinance.
B. State Building Code - or "the code" means the combined specialty
codes adopted by this ordinance.
Section 2. State Codes Adopted. The following codes, standards and
rules are adopted and are by this reference incorporated herein and shall be in
force and effect within the corporate boundaries of the City of Woodburn:
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
29
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A. The Oregon structural Specialty Code, as adopted by the State of
Oregon, including the following administrative provisions:
1. Section 104.2 (Applications and permits).
2. Section 104.4 (Inspections).
3. Section 104.7 (Liability).
4. Section 104.8 (Approved materials and equipment).
5. Section 104.9 (Modifications).
6. Section 104.10 (Alternate materials, design and methods of
construction and equipment).
7. Section 104.11 (Requests for rulings).
8. Section 105.3.2. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
B. The Oregon Mechanical Speciality Code, as adopted by the State
of Oregon, including the following administrative provision:
1. Section 106.4.3. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
C. The Oregon Residential Specialty Code, as adopted by the State of
Oregon, including the following administrative and automatic fire sprinkler
system provisions:
1. Section 105.3.2 (Time limit of application). "An application for
a permit for any proposed work shall be deemed to have been abandoned 180
days after the date of filing, unless such application has been pursued in good
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
30
."
,. .
faith or a permit has been issued; except that the building official is authorized
to grant one extension of time for an additional period not exceeding 180 days.
The extension shall be requested in writing and justifiable cause demonstrated."
2.
requirements ).
Sections AN109.4.2 through AN109.4.3 (Fire sprinkler system
3. Section AN 109.4.3 (Definition: Substantially altered or
damaged). liThe valuation to repair or alter the building or structure exceeds 60
percent of the value of that portion of the building or structure as defined in the
building code and determined by the Building Official."
D. The Oregon Plumbing Specialty Code as adopted by the State of
Oregon.
E. The Electrical Safety Law as contained in ORS 479.510 to 479.995.
F. The Oregon Fire Code Amendments, as adopted by the State of
Oregon;
G. Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230;
H. Manufactured dwelling park and mobile home park requirements
under ORS Chapter 446;
I. Park and camp program requirements under ORS 455.680;
J. Tourist facility requirements under ORS 446.310 to 446.350;
K. Manufactured dwelling alterations under ORS 446.155; and
L. Manufactured structure accessory buildings and structures under
ORS 446.253.
Section 3. Powers and Duties of the Buildino Official. The Building
Department shall be under the administrative and operational control of the
building official. The building official shall have the power to render written and
oral interpretations of the code and to adopt and enforce administrative
procedures in order to clarify the application of its provisions. Such
interpretations, rules, and regulations shall be in conformance with the intent
and purpose of the code. The building official is authorized to enforce all the
provisions of the code.
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
31
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Section 4. Riaht of Entrv. When it is necessary to make an inspection to
enforce the state building code, or when the building official has reasonable
cause to believe that there exists in a building or upon a premises a condition
which is contrary to or in violation of the code which makes the building or
premises unsafe, dangerous or hazardous, the building official may enter the
building or premises at reasonable times to inspect or to perform the duties
imposed by the code, provided that if such building or premises be occupied
that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official shall first make a
reasonable effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused, the building
official shall have recourse to the remedies provided by law to secure entry.
Section 5. Stop Work Orders. Whenever any work is being done
contrary to the provisions of the code, or other pertinent laws or ordinances
implemented through the enforcement of the code, the building official may
order the work stopped by notice in writing served on any person(s) engaged in
the doing or causing such work to be done. Such person(s) shall forthwith stop
such work until specifically authorized by the building official to proceed with
the work. Notwithstanding the other remedies, if the building official determines
that any building under construction, mechanical work, electrical work, or
plumbing work on any building or structure poses an immediate threat to the
public health, safety or welfare, the building official may order the work halted
and the building or structure vacated pending further action by the city and its
legal counsel.
Section 6. Authority to Disconnect Utilities in Emeraencies. The building
official or the building official's authorized representative shall have the authority
to disconnect fuel-gas utility service, or energy supplies to a building, structure,
premises or equipment regulated by the code in case of emergency when
necessary to eliminate an immediate hazard to life or property. The building
official shall, whenever possible, notify the serving utility, the owner and
occupant of the building, structure or premises of the decision to disconnect
prior to taking such action, and shall notify such serving utility, owner and
occupant of the building, structure or premises in writing of such disconnection
immediately thereafter.
Section 7. Connection After Order to Disconnect. Persons shall not make
connections from an energy, fuel or power supply nor supply energy or fuel to
any equipment regulated by the code which has been disconnected or
ordered to be disconnected by the building official, or the use of which has
been ordered to be discontinued by the building official, until the building
official authorizes the reconnecting and use of such equipment.
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
32
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Section 8. Occupancy Violations. Whenever any building or structure or
equipment is being used contrary to the provisions of the code, the building
official may order such use discontinued and the structure, or portion thereof,
vacated by notice served on any person causing such use. Such person shall
discontinue the use within the time prescribed by the building official after
receipt of such notice to make the structure, or portion thereof, comply with the
requirements of the code.
Section 9. Appeals Process. When there is an appeal of a staff
interpretation of the code during plan review or inspection, the aggrieved
persons shall be notified of the provisions of ORS 455.475 and the following
procedures:
A. Plan Review. In an informal appeal of a plans examiner's decision,
the plans examiner shall refer the request and any related information to the
building official who, in consultation with appropriate technical staff, shall review
the request and make a final determination in writing to the applicant within 15
days.
In an informal appeal of the building official's decision, the request
shall be forwarded to the State of Oregon, Building Codes Division staff person
responsible for interpretations. Formal appeals shall be forwarded to the
appropriate state board at the Building Codes Division for final action. The
appeal shall be sent to the Department of Consumer Business Services, Building
Codes Division accompanied by the required fee, a completed appeal form of
the department, and justification for the request along with any supporting
information. (ORS 455.690)
B. Inspection. When there is an appeal of a field inspector's
interpretation of a particular code, the following process shall be used:
1. The field inspector shall refer the customer and related
information to the building official. The building official, in consultation with
appropriate technical staff, shall review the request and make a final decision in
writing to the customer within 15 days.
2. Formal appeals of the building official shall be forwarded to
the appropriate state board for final action. The appeals shall be sent to the
Department of Consumer Business Services, accompanied by the required fee,
a completed appeal form of the department, and justification for the request
along with any supporting information. (ORS 455.690)
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
33
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3. In accordance with ORS 455.690, any person aggrieved by a
final decision may, within 30 days after the date of the decision, appeal to the
appropriate state advisory board as listed below:
. Structural Code - Building Codes Structures Board
. Mechanical Code - Mechanical Board
. Residential Code - Residential Structures Board
. Plumbing Code - Oregon State Plumbing Board
. Electrical Code - Electrical & Elevator Board
. Manufactured Home Installation Standard - Manufactured
Structures & Parks Board.
. Park & Camp Rules - Manufactured Structures & Parks
Board
C. ADoeals of Board Decisions. Judicial review of the decision of
advisory boards shall be available as provided in Oregon Revised Statutes
Chapter 183.
Section 10. Permits Not Transferable. A permit issued to one person or firm
is not transferable and shall not permit any other person or firm to perform any
work thereunder.
Section 11. SusDension/Revocation. The building official may, in writing,
suspend or revoke a permit issued under the provisions of the state building
code whenever the permit is issued in error or on the bases of incorrect
information supplied, or in violation of any ordinance or regulation or any of the
provisions of the code.
Section 12. InsDections. It shall be the duty of the permit holder or his
agent to request all necessary inspections in a timely manner, provide access to
the site, and provide all necessary equipment as determined by the building
official. The permit holder shall not proceed with the building construction until
authorized by the building official. It shall be the duty of the permit holder to
cause the work to remain accessible and exposed for inspection purposes. Any
expense incurred by the permit holder to remove or replace any material
required for proper inspection shall be the responsibility of the permit holder or
his agent.
Section 13. Fees.
A. Fees for permits, inspections, plan checks, site plan review, copy
costs, and such other fees that the City Council deems reasonable in order to
administer this ordinance shall be set by ordinance or resolution.
Page 6 - COUNCIL BILL NO.
ORDINANCE NO.
34
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,. "
B. The building official may authorize the refunding of fees paid in
accordance with the refund policy in effect.
C. The determination of value or valuation under any provisions of the
state building code shall be made by the building official. The value to be used
in computing the building permit and plan review fees shall be the total value of
all construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-
extinguishing systems and any other permanent or attached equipment.
Section 14. Savinos Clause. If any section, paragraph, subdivision,
clause, sentence, or provisions of the ordinance shall be adjudged by any court
of competent jurisdiction to be unconstitutional or invalid, such judgment shall
not affect, impair, invalidate, or nullify the remainder of the ordinance.
Section 15. Violation-Penaltv-Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, occupy or maintain a building or
structure in the city, or cause the same to be done contrary to or in violation of
this ordinance.
B. No person shall install, alter, replace, improve, convert, equip or
maintain any mechanical equipment or system in the city, or cause the same to
be done contrary to or in violation of this ordinance.
C. No person shall install, alter, replace, improve, convert, equip or
maintain any plumbing or drainage piping work or any fixture or water heating
or treating equipment in the city, or cause the same to be done contrary to or in
violation of this ordinance.
D. No person shall install, alter, replace, improve, convert, equip or
maintain any electrical equipment or system in the city, or cause the same to be
done contrary to or in violation of this ordinance.
E. Each violation of a provision of this chapter constitutes a Class 1 civil
infraction and shall be processed in accordance with the procedures set forth in
the civil infractions ordinance.
F. Each day that a violation of a provision of this chapter exists
constitutes a separate violation.
G. Notwithstanding the other remedies in this chapter, if the building
official determines that any building under construction, mechanical work,
Page 7 - COUNCIL BILL NO.
ORDINANCE NO.
35
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'T'
electrical work, or plumbing work on any building or any structure poses an
immediate threat to the public health, safety or welfare, the building official
may order the work halted and the building or structure vacated pending
further action by the city and its legal counsel.
H. The penalties and remedies provided in this section are not
exclusive and are in addition to other penalties and remedies available under
city ordinance or state statute.
Section 16. Repeal. Ordinance No. 2293 is hereby repealed.
Section 17. Emeraency Clause. This ordinance being necessary for the
immediate preservation for the public peace, health, and safety so that the
current state codes can be applied without delay, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Approved as to form:.~(~
City Attorney
/Z-WZOOb
Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 8 - COUNCIL BILL NO.
ORDINANCE NO.
36
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SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
I \ :'olote: Unless amended by a municipality under authority orORS455.020,
Sections 104.1, 104.3 and 104.6 apply.
104.1 General. The building official is hereby authorized and
directed to enforce the provisions of this code. The building offi-
cial shall have the authority to render interpretations of this code
and to adopt policies and procedures in order to clarify the appli-
cation of its provisions. Such interpretations. policies and proce-
dures shall be in compliance with the intent and purpose of thrs
code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall
receive applications, review construction documents and issue
permits for the erection, and alteration, demolition and moving
of buildings and structures, inspect the premises for which such
permits have been issued and enforce compliance with the pro-
visions of this code.
104.3 Notices and orders. The building official shall issue all
necessary notices or orders to ensure compliance with this code.
104.4 Inspections. The building official shall make all of the
required inspections, or the building official shall have the
authority to accept reports of inspection by approved agencies
or individuals. Reports of such inspections shall be in writing
and be certified by a responsible officer of such approved
agency or by the responsible individual. The building official is
authorized to engage such expert opinion as deemed necessary
to report upon unusual technical issues that arise, subject to the
approval of the appointing authority.
> 104.5 Right of entry. Where it is necessary to make an inspec-
tion to enforce the provisions of this code, or where the build-
ing official has reasonable cause to believe that there exists in a
structure or upon a premises a condition which is contrary to or
in violation of this code which makes the structure or premises
unsafe, dangerous or hazardous, the building official is autho-
rized to enter the structure or premises at reasonable times to
in"pect or to perform the duties imposed by this code, provided
that if SLH;h structure or premises be occupied that credentials
be presented to the occupant and entry requested. If such struc-
ture or premises is unoccupied. the building official shall tirst
ma~e a reasonable effort to locate the owner or other person
havmg charge or control of the structure or premises and
request entry. If entry is refused, the building official shall have
recourse to the remedies provided by law to secure entry.
1.04.6 Department records. One set of approved plans. specifica-
tIOns and computations shall be retained by the building official
for a period of not less than that dictated by OAR 166-300 et al for
the jurisdictions where the State of Oregon has jurisdiction, OAR
166-200 et a1 where a city has jurisdiction and OAR 166-107 et al
where a county has jurisdiction. One set of approved plans and
speCIficatIons shall be returned to the applicant, and said set shall
be kept on the site of the building or work at all times during which
the work authorized thereby is in progress.
Section 104.7 Is not adopted by the State or Oregon. See ORS 30.265.
"Attachment A"
."
104.7 Liability. The building official, member ot the board ot
appeals or employee charged with the enforcement of this code,
while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other perti-
nent law or ordinance, shall not thereby be rendered liable per-
sonally and is hereby relieved from personal liability for any
damage accruing to persons or property as a result of any act or
by reason of an act or omission in the discharge of official duties.
Any suit instituted against an officer or employee because of an
act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by legal representative of the jurisdiction until the final tennina-
tion of the proceedings. The building official or any subordinate
shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
104.8 Approved materials and equipment. Materials, equip-
ment and devices approved by the building official shall be con-
structed and installed in accordance with such approval.
104.8.1 Used materials and equipment. The use of used
materials which meet the requirements of this code for new
materials is permitted. '.
104.9 Modiftcations. Wherever there are practical difficulties
involved in carrying out the provisions of this code, the building
official shall have the authority to grant modifications for individ-
ual cases, upon application of the owner or owner's representative,
provided the building official shall first find that special individual
reason makes the strict letter of this code impractical and the mod-
ification is in compliance with the intent and purpose of this code
~nd that such modification does not lessen health, accessibility,
lIfe and fire safety, or structural requirements. The details of action
granting modifications shall be recorded and entered in the files of
the department of building safety.
104.10 Alternative materials, design and methods of con-
struction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to pro-
hibit any design or method of construction not specifically pre-
scribed by this code, provided that any such alternative has
been approved. An alternative material, design or method of
construction shall be approved where the bui lding official fi nds
that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength.
etTectiveness, tire resistance, durability and safety.
104.10.1 Research reports. Supporting data, where neces-
sary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.10.2 Tests. Whenever there is insufficient evidence of
compliance with the provisions of this code. or evidence that
a ma~erial or m~thod does not conform to the requirements
of thIS code, or In order to substantiate claims for alternative
materials or methods, the building official shall have the au-
thority to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standartls.
[n ~h~ absenc~ of recognized and accepted test methods. the
bUlldmg offiCIal shall approve the testing procedures. Tests
shall be performed by an approved agency. Reports of such
tests .shall. he retained by the building official for the period
reqUIred tor retention of public records.
.104.11 Request for ruling. ORS 455.060 provides for state ml-
mgs on acceptable materials. designs and methods of con"tmc-
tion. When a ruling has been issued. ORS 455.060(4) applies.
37
,. ..
1776 Newberg Hwy
Woodburn, OR 97071
Bus. Office 503-982-2360
Fax 503-981-5004
September 15. 2006
From:
Honorable Mayor and City Council
Paul Iverson Woodburn Fire DistricR~
To:
Subject:
Adoption of Multi-family sprinkler requirements
The Woodburn Fire District is requesting that the City adopt the fire sprinkler requirements found .~
in Appendix Chapter AN109.4.2 through AN109.4.3 for multi-family buildings. The fire sprinkler-
requirements would mandate a fire sprinkler system in all apartment buildings over one story in
size and in one-story apartment buildings with more than 16 attached dwelling units. The fire
sprinkler system retrofit provisions would require sprinkler systems to be installed in apartment
buildings when more than 50 percent of the dwelling units have over 60 percent of their value
altered or damaged.
History has taught us that it is not possible to entirely eliminate catastrophic fires in multi-family
structures; with sprinklers it is however possible to limit their severity. On June 28, 1996, a fire at
the Oakwood Park apartments in Aloha took the lives of three adults and five children, 24 days
later less than a mile away a second apartment fire took the lives of a young couple and a toddler.
On October 21, 2004 a fire in the Haysville apartments took the life of two adults and one child.
All are examples of tragic fires in multi-family housing.
Woodburn has been lucky not to have had any multi-family structure related fatalities, despite the
fact that we have not been exempt from fires in these structures. On August 8, 2000 the Grant
Street apartment fire destroyed 12 units. On September 9, 2001 the Young Street Apartments
burned displacing 80 adults and 20 children.
In early 2001, the city adopted the sprinkler appendix to the building code, requiring that
structures with significant damage must install sprinklers when they are rebuilt. Due to this
provision, the Young Street apartments had sprinklers installed during the rebuilding phase. On
November 11, 2004 there was an unattended cooking fire in the Young Street Apartments. This
time the sprinklers activated and extinguished the fire. Only two families were displaced
temporarily during the water removal.
The 2001 ordinance expired when the state adopted the 2003 Oregon Structural Specialty Code
in 2004. The new ordinance is simply an updated version of the expired ordinance. Adoption of
the multi-family fire sprinkler system requirements is an effective way to provide life safety to
Woodburn citizens, living in multi-family structures, as we had in the past.
"Attachment B"
38
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December 4,2006
TO: Mayor and City Council through City Administrator
FROM: Ben Gillespie, Finance Director
SUBJECT: Audit Reports
RECOMMENDATION:
Accept reports.
BACKGROUND:
The 2005-06 financial statements have been finalized, and the City's auditors,
Boldt, Carlisle, & Smith, have issued an unqualified opinion on them. As required
by statute, the financial statements and the opinion have been filed with the
Secretary of State.
Because the Woodburn Urban Renewal Agency is a blended component unit of
the City of Woodburn, its activities are included in the City financial statements.
In addition, the financial statements of the URA are presented separately, and
the auditors rendered a separate opinion on those statements. This staff report
presents the audited financial statements for both the City and the Woodburn
URA.
In their opinion on the City's statements, the auditors stated:
In our opinion, the financial statements referred to above present
fairly, in all material respects, the respective financial position of the
governmental activities, the business-type activities, each major
fund and the aggregate remaining fund information of City of
Woodburn, as of June 30, 2006, and the respective changes in
financial position and, where applicable, cash flows, thereof and
the respective budgetary comparisons. . .
The audit opinion on the URA statements includes similar language, but is limited
to just the governmental activities. There are no business-type activities record-
ed in the URA accounts. ~
Agenda Item Review: City Administratorsf::Q City Attorney /viL!J Finance.&;
39
. .
Mayor and City Council
December 4, 2006
Page 2
.
.
DISCUSSION:
The auditors' opinion is the public's assurance that the financial operations of
the City and the URA have been reported accurately and all material events
have been disclosed.
Included in the financial statements are two other documents that help the
reader interpret the impact of the City's financial activities. Management's
Discussion and Analysis provides a narrative introduction and overview that will
help users interpret the basic financial statements. The MD & A also is an analysis
of key data presented in the financial statements.
The Government Wide Financial Statements include the Statement of Net Assets
and the Statement of Activities. They summarize the activities of all funds on two
pages. This is intended to help the reader grasp the impact of the government
entity as a whole. It is how citizens most often view local government.
Copies of the documents are available for review at the library reference desk.
Beginning this year, the audit standards require the auditor to note opportunities
to strengthen internal controls. In their letter (attached) the auditors
recommend:
Reconciling total cash on a monthly basis
Separating duties (cash receipting and making adjustments) in the
Municipal Court.
In the past, bank accounts were reconciled monthly and total cash was
reconciled every two or three months. Beginning with December 2006, total
cash will be reconciled monthly.
The Judge and City staff are exploring ways to generate a computer report of
adjustments, which would be reviewed and initialed regularly by either the
Judge or the Finance Director.
FINANCIAL IMPACT:
The audits were conducted at agreed to contract prices of $23,700 for the City
and $2,500 for the URA.
40
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BOLDT, CARLISLE & SMITH LLC
CERTIFIED PUBLIC ACCOUNTANTS
PARTNERSHIP . ASSURANCE . INNOVATION
November 8, 2006
Honorable Mayor and Members of
The City Council
CITY OF WOODBURN
Woodburn, Oregon
In planning and performing our audit of the financial statements of the CITY OF WOODBURN
for the year ended June 30,2006, we considered the City's internal control in order to determine
our auditing procedures for the purpose of expressing an opinion on the financial statements and
not to provide assurance on internal control.
During our audit we became aware of opportunities for strengthening internal controls. The
memorandum that accompanies this letter summarizes our comments and recommendations
regarding those matters. This letter does not affect our report dated September 22, 2006 on the
financial statements of the City.
We will review the status of these comments during our next audit engagement. We have
already discussed these comments and suggestions with various City personnel, and we will be
pleased to discuss them in further detail at your convenience, to perform any additional study of
these matters, or to assist you in implementing the recommendations.
~oUt, ~ & Sd. ile
Certified Public Accountants
September 22, 2006
H C1JCnl9 _'.98408'2006'Management letter. doc
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SALEM: /,80 CHURCH STREET S.E, . SALEM. OR 97301 .II PHONE: (503) 585-7751 . FAX: (503) 370-3781
STAYTON: 408 NORTH THIRD AVENUE .II STAYTON, OR 97383 II PHONE: (503) 769-2186 . FAX: (503) 769-4312
ALBANY: 12059" AVENUE S.E. .I ALBANY, OR 97322 . PHONE: (541) 928-6500 .. FAX: (541) 928-6501
41
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CITY OF WOODBURN
OPPORTUNITIES FOR STRENGTHENING INTERNAL CONTROLS
MEMORANDUM
Year Ended June 30, 2006
A. We noted that the bank accounts were not reconciled to the general ledger on a monthly
basis.
Without a reconciliation of the bank account to the general ledger, a material
misstatement, caused by error or fraud, could occur and not be detected and corrected in a
timely manner. We recommend that the City prepare timely reconciliations and resolve
any unreconciled differences.
B. We noted the same people who receive cash for the Municipal Court also have the
responsibility to make adjustments to the accounts and void citations. These adjustments
and voids are not reviewed by anyone independent of those posting the transactions.
Those collecting the cash should not be responsible for posting to the accounting system.
We recommend that the City segregate duties between those who collect cash and those
who post to the accounting system.
42
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December 11, 2006
FROM:
Honorable Mayor and City Council through City Administrator
Jim Allen, Community Development Director 9J..
Periodic Review Work Task Remand Order
TO:
SUBJECT:
RECOMMENDATION:
It is recommended that City Council authorize the City Administrator or his designee to
submit an appeal of the Periodic Review remand order, for a portion of the remand.
Specifically, it is recommended that the Council direct staff to appeal the Department
of Land Conservation and Development decision item number (4), concerning
revision of the local street standards in a manner that satisfies the TPR requirement to
"minimize pavement width and total right-of-way consistent with the operation needs
of the facility".
BACKGROUND:
The City of Woodburn adopted Ordinance 2391 on October 31, 2005, which
completed the City's requirements under Periodic Review. The ordinance amended
the Woodburn Comprehensive Plan, amended the urban growth boundary (UGB),
amended the Woodburn Development Ordinance, and adopted numerous
background documents to support the entire project.
Subsequent review by Marion County of the adopted documents brought
concurrence and adoption. Ultimately, these documents were submitted to the state
Department of Land Conservation and Development (DLCD) as a package on August
3, 2006. The DLCD reviewed the package provided by the City and issued a decision,
Order 001714, on November 30,2006.
The OLeo decision approved most of the remaining work tasks of the Periodic Review
work program, including the following:
1. Buildable Lands Inventory,
3.a. Public Facilities Plan Update,
3.b. Update Transportation Systems Plan (except 3 elements, see Attachment B),
4. Wetlands Inventory and Natural Resources study,
7. Changes in Goals / Objectives,
Agenda Item Review:
City Administrator _
City Attorney
43
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,. .
Honorable Mayor and City Council
December 11, 2006
Page 2
. .
8. Update Plan and Zoning Ordinance,
9. Planning Coordination,
10. Citizen Involvement.
The DLCO decision referred Task 2, Inventory of Commercial and Industrial Lands and
the UGB amendment to the Land Conservation and Development Commission
(LCDC) for a hearing in January. Staff. and the City's consultant, will be preparing for
that hearing in the interim for those two items.
The DLCD findings supporting condition number 4 of Order 001714 are contradictory
and do not provide direction for the City to complete the remanded task.
Specifically, the report states, "As a general matter, 34-foot wide streets with parking
on both sides is excessive in single-family residential neighbourhoods where densities
rarely exceed seven dwelling units per acre. No more than 28 feet, or perhaps a
maximum of 30 feet, is necessary for this type of local street in these neighbourhoods."
The next paragraph states, "The department agrees with the city that a 34-foot wide
street may have an appropriate place in residential neighborhoods with higher
densities and more on-street parking demands. We also appreciate that the city has
adopted alternative standards that allow more narrow pavement widths in some
situations. However, the requirements for additional on-site parking in exchange for
use of the 24- and 29- foot pavement width options makes these street types
impractical for more developments."
Condition number 4 states, "Revise the local street standards in a manner that satisfies
the TPR requirement to "minimize pavement width and total right-of-way consistent
with the operation needs of the facility"." With the contradictory findings in support of
the OLCO order, it is unclear why the DLCO would accept 28- or 30-foot street widths,
but not 24- or 29-foot widths. Regardless, there is no standard in law that specifies a
width.
With the exception of condition number 4 of the remand (detailed in Attachment B),
the issues on remand are minor technical issues that staff recommends accepting as a
group of work tasks to be developed by staff and considered through public hearings
before the Planning Commission and City Council. Condition number 4, as addressed
by the OLCD stoff does not provide adequate direction for the City to continue with
surety that any resulting adoption will meeting both the letter of the law, and the
implied intent stated within the OLCO Order 001714. As a result, staff recommends an
appeal in order to obtain direction from the LCOC, the official body to interpret this
administrative rule. A package of background documents that are helpful in
evaluating this matter is provided in Attachments A through F.
44
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Honorable Mayor and City Council
December 11, 2006
Page 3
.
DISCUSSION:
.
The City of Woodburn adopted street standards based on local needs for pedestrian
and bicycle safety, demographic trends showing large household sizes, and design
standards for street trees for new streets within the City. The DLCD order does not rely
on any measurable standard in law and remanded the street widths for further
consideration. Staff believes it is the Woodburn City Council that should determine
policy for the City on matters of local concern, such as street standards, not the
opinion of DLCD staff - particularly when that opinion lacks statutory support.
In regard to the DLCD remand Order 001714, the City Council has the following
options:
(1) Direct staff to prepare documents sufficient to complete the appeal
procedures and submit the appeal to the state Department of Land
Conservation and Development in order to obtain a ruling from the LCDC.
(2) Accept the DLCD remand order and direct staff to prepare amendments to
modify City of Woodburn documents and prepare for public hearings.
As indicated, staff recommends that Council pursue the first option. Should this course
be taken, all necessary documents will be prepared and submitted to the DLCD no
later than December 20, 2006.
FINANCIAL IMPACT:
There is no calculable financial impact associated with the recommended action.
Attachments:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
DLCD Letter of November 30, 2006
DLCD Order 001714
Implementing ordinances, Transportation Systems Plan, Volume L
October 2005, Pages 9-5 through 9-6
Street design standards, Transportation Systems Plan, Volume I,
October 2005, Figure 7-2
Off street Parking Standards, Woodburn Development Ordinance,
Table 3.1.2
Paved Driveway Width, Woodburn Development Ordinance,
Section 3.1 04.05.B
45
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ATTACHMENT A
November 30, 2006
Department of Land ConservatIon ana uevelOpment
635 Capitol Street NE, Suite 150
Salem, Oregon 97301-2524
Phone: (503) 373-0050
First Floor / Costal Fax: (503) 378-6033
Second Floor/Director's Office: (503) 378-5518
Web Address: http://www.oregon.gov /LCD
", (~~..~ \.,~ l 1") :"(
~
Kathryn Figley, Mayor
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
DEe 0 1 2006
,- . ~-,' .'
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RE: Periodic Review Tasks 1-4 and 7-11
Partial Approval, Partial Remand, and Partial Referral (Order 001714)
Dear Mayor Figley:
On August 3,2006, this department received Woodburn's submittal of its comprehensive plan
amendments in fulfillment of periodic review Tasks 1--4 and 7-11, and to amend the city's urban
growth boundary (UGB). Since the UGB amendment is greater than 50 acres, the UGB expansion
portion of the submittal is also reviewed according to the procedures and requirements for a
periodic review work task submittal, pursuant to OAR 660-025-0175.
1 am pleased to inform you that the department has approved the following tasks:
1. Buildable Lands Inventory
3.a Public Facilities Plan Update
4. W~tlands Inventory and Natural Resources study
7. Changes in Goals/Objectives
8. Update Plan and Zoning Ordinance
9. Planning Coordination
10. Citizen Involvement
This lettcr constitutes the department's order approving these tasks under OAR 660-025-
o 150( I )(a). DLCD received no objections to these tasks in response to the city's notice.
Therefore, this order approving the tasks is final.
(n addition, Task 3.b, Update Transportation System Plan (TSP), is partially approved and
partially remanded. All elements of the TSP are approved except for the three elements identified
in the enclosed report. Those three issues are remanded for the reasons contained in the report.
Pursuant to OAR 660-025-0150(l)(b), the date for submittal of the amended task is June 30,
2007. The department is available to provide the city with technical assistance in addressing these
items.
The city may appeal the department's remand to Land Conservation and Development
Cummission. Appeals must be in writing and received by the department's Salem office by
December 21,2006, Appeals to the commission are governed by OAR-660-025-0 150(4).
46
City of Woodburn
Periodic Review
-2-
November 30, 2006
Finally, this letter is the official notification that the director of the department has referred
Task 2, Inventory of Commercial and Industrial Lands, and the UGB amendment to the Land
Conservation and Development Commission for consideration, pursuant to OAR 660-025-
OISO(l)(c). The matter has been scheduled for the Commission's January 25-26, 2007 meeting in
Salem. The department will issue a staff report on or before January 10,2007. The city and the
objectors will have 10 days to file an exception to that report, if you so choose (OAR 660-025-
0160(3)). The Commission allows oral argument from the city and those who filed valid
objections or exceptions (OAR 660-025-0160(4)).
Approval of Task ll-Collating, Printing, and Mapping-must await the outcome and resolution
of Tasks 2 and 3.b.
We appreciate the efforts of Woodburn officials and staff in completing the periodic review tasks.
Please feel free to speak with Jason Locke, your periodic review team leader and regional
representative, at (503) 373-0050 extension 289, if you have any questions or need further
assistance.
Yours truly,
!::!.f:!!t--
Planning Services Division Manager
Enclosure
J\PR\A LARGECITY\WOODBURN\Tl-4_7-11 order 1715 November 2006 doc
cc: Jim Allen, Woodburn Planning Director
Sterling Anderson, Marion County Planning Manager
Sid Friedman, 1000 Friends of Oregon
Mary Kyle McCurdy, 1000 Friends of Oregon
Roger Kaye, Friends of Marion County
Edward Sullivan
Brian Moore
Corinne Sherton
Roger Al fred
Jerry Mumper
Carla and Diane Mikkelson
Lolita and Kathleen Karl
Larry Wells, Marion County farm Bureau
Larry French, OLeD Periodic Review Specialist
Darren Nichols. Community Services Division A-funager (e-mail)
Jason Locke. Regional Representative (e-mail)
Gloria Gardiner, Urban Planning Specialist (e-mail)
Eric Jacobson. Transportation Planner (e-mail)
47
"", .
ATTACHMENT B
DEPAR1'MENT OF LAND CONSERVATION AND DEVELOPMENT
REPORT ON CITY OF WOODBURN
PERIODIC REVIEW TASK 3.b
DLCD Order 001714
November 30,2006
I. DECISION
The Department of the Land Conservation and Development (DLCD) concludes that the
Transportation System Plan (TSP) adopted by the City of Woodburn on August 3, 2006
complies with most, but not all, of the requirements for a TSP in Oregon Administrative Rule
(OAR) Chapter 660, Division 12 (the '"Transportation Planning Rule" or TPR). Because the
TSP is not fully compliant with the TPR, portions are remanded for the reasons explained in
this report. The remainder of the TSP is approved. The required revisions are summarized
below:
1. Local Street Connectivity: Address the standards for granting an exception to require
pedestrian accessways in lieu of street connections where street connections that meet the
600-foot maximum block length are impracticable, and include standards for stubbing out
streets to adjacent parcels.
2. Local Street Standards: Revise and adopt local street standards that meet the TPR
requirements so that the design and width of the street corresponds to the function, use, and
on-street parking demands.
3. Transit: Revise the transit element to include a map of planned transit services and
facilities and guidelines or policies regarding the type and timing of funding mechanisms to
implement the planned transit service and facility improvements.
Detailed descriptions of the legal requirements, the deficiencies and the required improve-
ments are included in Section V of this report. The fuHlist of required improvements is
included in Section VI at the end of this report.
II. REVIEW PROCEDURES AND CRITERIA
Oregon Revised Statutes (ORS) 197.644(2) and (3) and Oregon Administrative Rule (OAR)
660-025-0140 through 660-025-0150 authorize the director's review of submitted periodic
review tasks. The legal provisions that govern this review and decision are the statewide
planning goals and OAR Chapter 660, Division 25, Periodic Review. This report addresses
only Subtask J.b on Woodburn's periodic review work program-Transportation System
Plan L'pdate,
The broad requirements for transportation planning are set forth in Statewide Planning Goal
\ 2. The specitic requirements for a TSP are found in OAR Chapter 660, Division 12,
48
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commonly referred to as the Transportation Planning Rule, or TPR. The TPR requires a local
jurisdiction to gather information about the current transportation systems for all modes of
transportation, including automobile, pedestrian, bicycle, transit, railroad, air, water and
pipeline. The TPR requires estimation and projection of the demand for the transportation
modes and then identification of deficiencies, either current or projected. TSPs address
identified deficiencies, usually by specifying improvements to the transportation system. The
TSP must also include standards to guide infrastructure construction and land development.
111. BACKGROUND AND DESCRIPTION OF TASK SUBMITTAL
The City of Woodburn "Revised Periodic Review Work Program Summary" lists Task 3.b as
follows:
3.b - Revise Transportation System Plan (TSP):
Amend TSP based on the applicable land use and public facilities planning results and
recommendations from Tasks 1,2 and 3.a.
1) The first step in this task will be to prepare a refined work plan and submit it to OLeo for
comment.
2) Update transportation plan/refinement study. Refinement study will be supported by
buildable lands inventory, needs analysis and populations forecast. Update T AZ and amend
the TSP to provide for OAR 660-12-060 land use and transportation coordination.
3) Review transportation impact of October fest, Tulip Festival and the Oregon Gardens.
4) Review and update TSP implementing ordinances, and implementing access management
ordinance.
The city's submittal consists of a TSP, an amendment to the city's comprehensive plan to
incorporate the TSP, and implementing ordinances.
IV. OBJECTIONS
No objections to Woodburn's RSP submittal were filed with the department.
V. DEPARTMENT REVIEW
The department has performed an analysis of the Woodburn TSP submittal and has identified
and analyzed the issues below.
1. Local Street Connectivity
OAR 660-0 12-0020(2)(b) requires local governments to adopt a TSP that includes a "road
plan for a system of arterials and collectors and standards for the layout of local streets and
other important non-collector street connections." This rule also states:
City of Woodburn Periodic Review Task 3.b
Page 2
49
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'T .'
The standards for the layout of local streets shall provide for safe and convenient bike
and pedestrian circulation necessary to carry out OAR 660-012.0045(3)(b).... The
standards for the layout of local streets shall address:
(A) Extensions of existing streets;
(B) Connections to existing planned streets, including arterials and collectors;
and
(C) Connections to neighborhood destinations.
OAR 660-0 12-0045(3)(b) states:
On-site facilities shall be provided which accommodate safe and convenient
pedestrian and bicycle access from within new subdivisions, multi-family
developments, planned developments, shopping centers, and commercial districts to
adjacent residential areas and transit stops, and to neighborhood activity centers
within one-half mile of the development. Single-family residential developments shall
generally include streets and accessways. Pedestrian circulation through parking lots
should generally be provided in the form of accessways.
With regard to local street connections, the city has adopted block length standards as
described on p. 2-20. The standards are:
Block length shall not be less than 200 feet and not more than 600 feet, EXCEPT
where the dimensions and alignment of existing blocks and streets adjacent to or in
the vicinity of a proposed subdivision, topography, adequate lot size, or need for
traffic flow warrant other dimensions. The maximum block length shall not exceed
1,200 feet. [emphasis in original]
The 600-foot block length meets TPR requirements. However, the maximum block length of
1,200 feet, allowable through an exception, does not satisfy the TPR requirement for
"convenient bike and pedestrian circulation" without a requirement for pedestrian
accessways on blocks longer than 600 feet. Although the TPR does not include a numeric
standard for maximum block length, blocks in excess of 1,800 (600 by 300 feet) feet in
circumference are not generally regarded as acceptable for reasonable pedestrian access.
Additionally, the city's standards do not specify under what circumstances other block
dimensions will be warranted, leaving it open to an interpretation that may result in poor
circulation for pedestrians. Finally, the standards do not specify what types of developments
are required to meet the maximum block length standards.
The local record includes the following findings related to these issues:
The ~xceptions to the 600 foot block length outlined are only reasonable and realistic
when looking at dealing with the exceptions cited. The intent will be that the block
standard will be 600 feet and that there will need to be very strong justification for
approval of any block length extension request. If block length exceptions are
granted, pedestrian connectivity will be closely evaluated and pedestrian connections
enhancements conditioned as part of the proposal approval process.
City of Woodburn Periodic Review Task 3.b
Page 3
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The city's intent appears to be consistent with the intent of the TPR, and the city seems to
understand the importance of limiting block lengths and providing pedestrian accessways
where longer blocks may be necessary. However, the adopted language does not provide the
necessary tools to accomplish the objective. It is not clear what it means for exceptions to be
"closely evaluated" or how the city can require pedestrian connections as part of a
development approval process without adopted regulations specifying the need for those
facilities.
Finally, the TSP does not specify under what conditions approved streets are expected to be
stubbed out to adjacent developable property, including which streets should be stubbed out
at the edge of the proposed urban growth boundary (UOB) so that, in the event future UOS
expansions may be approved, local street connections can be provided. The TPR requirement
for local standards addressing layout and connectivity need to be addressed in the TSP with
regards to future street layout at the edge of the city.
Conclusion: Woodburn's TSP submittal should be remanded for revision to:
1. Address the standards for granting an exception to the block-length standard
2. Require pedestrian accessways in lieu of street connections for blocks where street
connections that meet the 600-foot maximum block length are impracticable, and
3. Include standards for stubbing out streets to adjacent parcels.
The TOM Model Development Code for Small Cities provides guidance and suggested
language on connectivity in Section 3.4.100.0 on page 3-47.
2. Local Street Standards
OAR 660-012-0045(7) requires local governments to adopt "standards for local streets and
accessways that minimize pavement width and total right-of-way consistent with the
operational needs of the facility." The intent of this requirement is that local governments
consider and reduce excessive standards for local streets and accessways in order to reduce
the cost of construction, provide for more efficient use of urban land, provide for emergency
vehicle access while discouraging inappropriate traffic volumes and speeds, and
accommodate convenient pedestrian and bicycle circulation.
The city's TSP and Woodburn Development Ordinance (WDO) assert compliance with this
TPR provision (WOO p. 9-5).
The city's TSP includes three local street standards (Figure 7 -2):
(a) 34-foot pavement width with parking on both sides;
(b) 29-foot pavement width with parking on one side;
(c) 24-foot pavement width with no on-street parking.
The TSP states that the 24- and 29-foot pavement width options require additional common,
on-site parking over and above the parking requirements under other provisions of the WOO
as follows: one space per dwelling unit for the 29-foot pavement width option, and two
City of Woodburn Periodic Review Task 3.b
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spaces per dwelling unit for the 24-foot pavement width option, located no further than 250
feet from the subject lot.
The local record states that with the "trend toward smaller lots, the 34' wide street is a viable
option for developers and is needed to provide safe and efficient vehicle and bicycle
movement on streets where there is a significant amount of on street parking." The city's
findings also state that the alternative standards, as well as the possibility of other standards
permitted under a planned unit development process, allows innovative street widths and
configurations.
As a general matter, 34-foot wide streets with parking on both sides is excessive in single-
family residential neighborhoods where densities rarely exceed seven dwelling units per acre.
No more than 28 feet, or perhaps a maximum of 30 feet, is necessary for this type oflocal
street in these neighborhoods.
The department agrees with the city that a 34-foot wide street may have an appropriate place
in residential neighborhoods with higher densities and more on-street parking demands. We
also appreciate that the city has adopted alternative standards that allow more narrow
pavement widths in some situations. However, the requirements for additional on-site
parking in exchange for use of the 24- and 29-foot pavement width options makes these
street types impractical for more developments.
Conclusion: Woodburn's TSP submittal should be remanded for revision to local street
standards that satisfy the TPR requirement to "minimize pavement width and total right-of-
way consistent with the operational needs of the facility" while responding to the concerns
raised by the city regarding density and on-street parking. It would be appropriate for the city
to adopt more than one local street width standard and specify the use of each based on the
density of adjacent land uses, or on the amount of average daily traffic on a street, so that the
design and width of the street corresponds to the function, usage, and on-street parking
demands.
3. Transit
The TPR requires local governments to adopt a TSP that has a public transportation plan. For
areas within a UGB that has public transit service, the public transportation plan needs to
identify existing and planned transit trunk routes, exclusive transit ways, terminals and major
transfer stations, major transit stops, and park-and-ride stations (OAR 660-012-0020(2)(c)).
The TPR requires that each modal element of the TSP include an analysis of facility and
service needs and planned facilities and services. These requirements include a description
and map showing plalliled transportation facilities, services, and major improvements
(OAR 660-012-0020(3 )). The TSP is also required to include a transportation financing plan
that includes a list of planned transportation facilities and major improvements, a general
estimate of the timing and rough costs for planned transportation facilities and major
improvements, and guidelines or policies describing the ability of existing or new funding
mechanisms to fund the planned facilities and major improvements (OAR 660-012-0040).
Woodburn has a fixed-route transit system. The TSP has a map of the existing transit routes
(Figure 3-4) and includes a discussion of potential transit improvements in the Alternatives
City of Woodburn Periodic Review Task 3.b
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Analysis section of the TSP (p. 5-9). The city included a discussion of potential changes to
the transit system in the Modal Plans section of the TSP, including providing service to new
routes and corridors. However, the TSP does not include a planned transit system map
identifying such elements as planned service routes, major transit stops, transfer stations, or
park-and-ride lots.
The TSP includes a discussion of capital and operating costs for transit improvements (p. 8-
6). However, the TSP does not include guidelines or policies regarding existing or new
funding mechanisms for transit facilities and service improvements.
The local record includes the following findings addressing this issue:
It would be unrealistic to try to develop a map at this time that shows planned routes.
As development occurs and funding is available service frequency will be increased
to the areas that develop and are determined to need transit service. If a new funding
source is identified that allows for a more robust system than the existing route
planning should take place at that time looking at the development and needs existing
at that time.
The department appreciates the difficulty in planning for transit systems. Nevertheless, the
city's population is projected to increase from 20,000 to 35,000 over the planning period. In
planning for this growth, it is important for the city to plan for the facilities and services
needed to serve this higher population level. The city has done considerable planning to
consider UGB expansions, land use designations, and the required facilities to serve that
population and expanded UGB. It is essential for the city to also plan for the appropriate
level, type, and location oftransit service for the larger population level, UGB, and land use
designations, and to adopt guidelines or policies regarding the type and timing of funding
mechanisms to implement the planned transit service. The department finds that it is
unreasonable to wait until the grO\vth has occurred to consider these issues. One of the
primary purposes of comprehensive planning is to anticipate and plan for the facilities and
services needed over the planning horizon.
Conclusion: Woodburn's TSP submittal should be remanded for the city to revise the transit
element to include a map of planned transit services and facilities and guidelines or policies
regarding the type and timing of funding mechanisms to implement the planned transit
service and facility improvements.
VI. OVERAll CONCLUSIONS AND DECISION
The City of Woodburn Transportation System Plan partially complies with Goal 12 and
OAR Chapter 660, Division 12. The three issues specifically addressed in this report as
deficient are remanded for further consideration by the city. All other elements of the plan
are approved. On remand the city must amend the TSP to:
1. Address the standards for granting an exception to the block-length standard;
City of Woodburn Periodic Review Task 3.b
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2. Require pedestrian accessways in lieu of street connections for blocks where street
connections that meet the 600-foot maximum block length are impracticable; and
3. Include standards for stubbing out streets to adjacent parcels;
4. Revise the local street standards in a manner that satisfies the TPR requirement to
"minimize pavement width and total right-of-way consistent with the operational needs
of the facility"; and
S. Revise the transit element to include a map of planned transit services and facilities and
guidelines or policies regarding the type and timing of funding mechanisms to implement
the planned transit service and facility improvements.
J:\PR\A LARGECITY\WOODBURN\Woodbum T3 TSP Remand Report.doc
City of Woodburn Periodic Review Task 3.b
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ATTACHMENT C
IMPLEMENTING ORDINANCES
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bicycle rack within 50 feet of the main entrance. This provision excludes multifamily
dwelling units with four units, because only eight vehicle parking spaces are required,
which is below the minimum trigger for providing bicycle parking. The following changes
to Section 3.105.02 of the WOO would require multifamily residential developments with
four or more units to provide a bicycle rack.
3.105.02 General Provisions for Off-Street Parking and Loading
H. On-Site Vehicle Parking and Loading Area Improvement Requirements
10. On-site Bicycle Parking Requirements. All uses required to provide 10 or more off-
street parking spaces and residential structures with four or more units shall provide
a bicycle rack within 50 feet of the main entrance. The number of required rack
spaces shall be one plus one per ten vehicle spaces, with a maximum of 20 rack
spaces.
I
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OAR 660-12-0045(7)
Local governments shall establish standards for local streets and access ways that minimize
pavement width and total right-of-way consistent with the operational needs of the facility.
As currently written, the street standards in Section 3.101.03 are not identified as
minimizing the amount of pavement required for streets and accessways. The proposed
changes to Section 3.101.03.A would provide an unequivocal statement to that effect.
Changes to Section 3.101.03.B are recommended to make the WOO and TSP consistent.
3.101.03 Right-of-Way and Improvement Standards (Rgtlr. 6.9)
A. The street right-of-way and improvement cross-sectional standards required for
development are depicted in Fiaure 7-2 and Table 7-1 of the Woodburn Transportation
System Plan Figure 6.9 of the WOO. 30, EXCLUDING: local Residential W! Parking
Both Sides "Skinny" Street; LOQal Residential \N..' Parking One Side "Skinny" Street;
and local Residential Street WI No Parking. (See Figure 6.6). These standards are
based on the functional classification of each street as shown in Fiaure 7-1 of the
Woodburn Transportation System Plan. The street riaht-of-way and improvement
standards minimize the amount of pavement and ROW required for each street
classification consistent with the operational needs of each facility. includina
requirements for pedestrians. bicycles. and public utilities.
B. The following additional standards for Local Residential Streets: [Note: !tems a thr-ough d
ror liJoth Loca! ResfseAtial Slreet \tilth ParkfAfj DAe aige ::lAd Loga! ResiooAtial without
P3rking shol:J.fd be shown !n 3A l:lpck1ted TSP F..jglJrs 30 3ng aA l:lpck1teg WDO
.c.;g/;/fO 6.9.J
1. Local Residential Street with Parking One Side:
a, Right of ':Jay: 5Q feet.
b. Public Utility Easement: (3 feet, each side.
e, Curb to curb improvement: 29 feet.
d. ~ide'A'alks: 5 feet wide, each side.
POX!
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WOODBURN TRANSPORT A TION SYSTEM PLAN
e. Required common, on site parking over and above the parking requirements
under other provisions of the WDO: One (1) space per dwelling unit, located no
further than 250 feet from the subject lot.
2. Local Residential Street without Parking:
a. Ri~Rt of way: 50 feet.
b. Publio Utility iasement: 5 feet, eaoh side.
o. Curb to ourb improvement: 24 feet.
d. Sidewalks: 5 feet 'Nide, each side.
d. Required common, onsite parking over and above the parking requirements
under other provisions of the WDO: Two (2) spaces per dwelling unit lot, located
no further than 250 feet from the subject lot.
2.116 Interchange Management Area (IMA) Overlay District (new)
2.116.01 Purpose
The purpose of this overlay district is to preserve the long-term capacity of
Woodburn's 1-5 Interchange with Highway 214, in coordination with the Oregon
Department of Transportation (ODOT).
Preserving the capacity ofthis interchange is an essential element of the City's
economic development strategy, because continued access to 1-5 is necessary to
attract and maintain basic employment within the Woodburn Urban Growth'
Boundary (UGB). This chapter complements the provisions of the Southwest
Industrial Reserve (SWIR) Overlay District by ensuring that industrial land is
retained for targeted basic employment called for in the Woodburn Economic
Opportunities Analysis (EOA) and Woodburn Economic Development Strategy
(EDS). This chapter also ensures that needed industrial, commercial and residential
land within the IMA Overlay District is protected from commercial encroachment.
These goals are met by establishing trip generation budgets as called for in
Transportation Policy H-7.1 of the Woodburn Comprehensive Plan. The parcel
budgets are intended to be high enough to accommodate peak hour trips anticipated
by the 2005 Woodburn Comprehensive Plan (WCP) and Transportation Systems Plan
(TSP), but low enough to restrict unplanned vehicle trips that could adversely affect
the interchange.
2.116.02 Boundary of the IMA Overlay District
The boundary of the I:MA Overlay District is shown on the W oodbum
Comprehensive Plan Map and Zoning Map (Figure 9-1 in this section).
2.116.03
Applicability
The provisions of Section 2.116 shall apply to all Type II - V land use applications
that propose to allow development that will generate more than 20 peak hour
vehicle trips (based on the latest Institute of Transportation Engineers Trip
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ATTACHMENT E
2. No more than 20 percent of the required vehicle parking may be satisfied
by joint use of the parking used for another use. The determination of the
applicability of joint use parking shall be determined as a Zoning
Adjustment. a Type II land use permit.
TABLE 3.1.2 Off Street Parking Ratio Standards
Use Parklna Ratio - spaces per activity unit or
square feet of gross floor area (sfgfa)
RESIDENTIAL
I. Single family or duplex dwelling, including 2.01 dwelling unit in a garage
manufactured homes and dwellings
2. Three or more dwelling units per structure 2.01 dwelling unit
3. Roominglboarding house (72131) 2.0 parking spaces + 1.0/ guest room
4. Nursing care facilities (6231) 0.25/living unit
5. Assisted living facilities (62331) O. 751 living unit
Section 3.105.02
Woodburn Del'elopmenl Ordinance [WDO}
Page 3,1-31
July I. 2002
59
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ATTACHMENT F
1.
The minimum separation between a driveway and the right of way line of
an existing local street, or the special setback for a major street
intersection comer is as follows:
(
a. Single family or duplex dwelling: 30 feet
b. Use other than a single family or duplex dwelling: 50 feet.
2. Where more than one driveway is permitted per lot (Section
3.104.04.A.l.), the minimum separation between driveways on the same
lot shall be 22 feet.
3.104.05
Driveway Dimension and Improvement Standards_ Type 1_ II and III
Applications
A.
Joint/Shared Driveway.
Shared, or joint, driveway shall require an access and maintenance agreement that
is irrevocable without the concurrence of the Community Development Director.
B. Driveway Serving One (1) or Two (2) Dwelling Units. (See Figure 6.7)
1. Paved Driveway Width.
a. For a distance less than 40 feet between the access street or shared
access driveway and the attached or detached garage doorway:
[Section 3.104.05.B & C as amended by Ordinance No. 2383, ~42,
passed March 16, 2005.]
1) 20 feet minimum and 26 feet maximum width for a garage
with a doorway(s) to serve entry by not more than two
vehicles at one time; and
2) 20 feet minimum and up to a 30 feet maximum width for a
garage with doorway(s) to serve entry by three vehicles at
one time
provided the maximum width shall not exceed 50 percent of the lot
frontage serving the driveway entrance.
b. For a distance of 40 or more feet between the access street or
shared access driveway and the attached or detached garage
doorway: 12 feet minimum width, flared to the required exterior
parking pad in front of the garage that is 20 feet maximum width.
[Section 3.104.05.B & C as amended by Ordinance No. 2383, ~42,
Section 3. \04.05
Wooe/burn Dt:!\dopmeI11 Ordinonce [WDO]
Page 3.1-22
July T. 100]
60
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passed March 16,2005.]
2. Paved Parking Pad at a Garage Entrance (or carport for a manufactured
home). There shall be an improved parking space, or pad, abutting the
attached or detached garage doorway for each opposing parking space
within the garage. The exterior pad area for each vehicle shall have the
minimum dimensions of 10 feet wide by 20 feet long. [Section 3.104.05.8
& C as amended by Ordinance No. 2383, ~42, passed March 16,2005.]
3. Radius of Curb Flare: 15 feet minimum.
4. Flag Lot Driveway Access Width. 20 foot wide, as either an irrevocable
easement or a strip of land in fee ownership.
5. Maximum Driveway Length and Turn Around, Improved to Department
of Public Works standards. (See Figure 6.8)
a. For lots accessed from a City street, EXCLUDING a Major or
Minor Arterial, the maximum driveway length from the access
street to the front lot line of the lot located furthest from the access
street shall not exceed 150 feet UNLESS a turn around is provided.
b. For lots accessed from a Major or Minor Arterial Street a turn
around shall be required.
C. Driveway Serving Three (3) to Four (4) Dwelling Units. (See Figure 6.7 & 6.8)
1. Paved Driveway Width.
a. F or a distance less than 40 feet between the access street or shared
access driveway and the attached or detached garage doorway: 20
feet minimum and 26 feet maximum width. [Section 3.104.05.8 &
C as amended by Ordinance No. 2383, ~42, passed March 16,
2005.]
b. For a distance of 40 or more feet between the access street or
shared access driveway and the attached or detached garage
doorway: 20 feet minimum width, including the required exterior
parking pad in front ofthe garage. [Section 3.104.05.8 & C as
amended by Ordinance No. 2383, ~42, passed March 16,2005.]
2. Paved Parking Pad at a Garage (or carport for a manufactured home)
Entrance. There shall be an improved parking space, or pad, abutting the
attached or detached garage doorway for each opposing parking space
within the garage. The exterior pad area for each vehicle shall have the
Section 3.104.05.C
Woo,lhrlYn Dewlopmenl Ordinance {WDO]
Page 3.1-23
July I. 2002
61
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WOODBURN
12D
A~'~
Jl1cor"o,t1/ld '881
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December 4,2006
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of pOliceV'
TO:
SUBJECT:
Marion County Interagency MethamDhetamine Drua Task Force
RECOMMENDATION:
It is recommended the City Council authorize the acceptance of grant funding
from the Governors Blue Ribbon Task Force in order to provide a Meth Strike
Force investigator.
BACKGROUND:
Methamphetamine abuse continues to be a causal factor of much of the crime
occurring in our community. For more than five years the Woodburn City
Council and The Woodburn Police Department have participated in programs,
efforts, and events designed to prevent, reduce, and mitigate the effects of
methamphetamine use in our community. In 2005 the Oregon Legislature
enacted a series of new laws that have helped to drastically reduce the
amount of small Meth labs in our communities. While this has helped a great
deal, Meth continues to flow into our state from external sources, and use levels
continue to be high. Additional enforcement, prevention, and treatment
resources are needed.
From 1999 thru 2003 the City participated in a regional drug team (MAGNET)
that targeted street level narcotics crime and was funded in part by federal
funds in the form of High Intensity Drug Trafficking Area (HIDTA) moneys. In 2003
by federal mandate HIDT A funds were redirected to target larger drug
trafficking organizations and away from street and mid-level narcotics
investigations and the MAGNET team ceased to exist. Since that time the large
agencies in the county have created their own drug enforcement teams to
combat the meth problem and drug enforcement continues to be a key
strategy in attacking the problem of Meth.
The Woodburn Police Community Response Team (CRT) and Detective Division
have been working cooperatively with Street Crimes Units from Salem, Keizer,
Agenda Item Review: City Administrator
City Attorney _
Finance
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Mayor and City Council
December 4, 2006
Page 2
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and Marion County on drug related issues and will continue to work with any
interagency drug team as resources allow. However, given the eclectic nature
of the missions of our Detective's and CRT Officers, it would be very difficult to
assign an officer full time to an interagency team without directly impacting day
to day police service here in Woodburn.
In 2005 The Govenor's Blue Ribbon Taskforce on Methamphetamine was
created to address the issue of Meth in Oregon. The taskforce is made up of
legislators, law enforcement, and community members who are working to
design and implement solutions to the meth issue that, once successful, can be
replicated throughout the state. Locally, State Senators Jackie Winters and
Peter Courtney, as well as Craig Christoff of the Woodburn Meth Taskforce are
members.
In the spring of 2006 the Govenor's Blue Ribbon Task Force along with the Marion
County District Attorney's Office proposed a coordination of the county wide
efforts in drug enforcement through a mid-level interagency drug team. The
team would not replace local drug enforcement efforts but coordinate and
enhance the work these units are doing to combat mid and upper level meth
dealers.
The taskforce asked the Marion County District Attorney's Office and local law
enforcement to develop a plan to enhance enforcement of Meth offenses in
the county. To that end the District Attorney developed a proposal to do the
following; coordinate existing drug teams, enhance the levels of drug
enforcement within the entire county, to provide prosecution resources to
support increased enforcement, and providing adequate jail space for
sanction. Recognizing that accomplishing these goals would require additional
funding the Blue Ribbon Taskforce sought support to try and obtain these funds.
The Cities of Salem, Keizer and Woodburn as well as Marion County all passed
resolutions stating their desire to work with the taskforce and in support of the
taskforce's fund raising efforts.
DISCUSSION:
The District Attorney's Office, Sheriff's Office, and local police agencies have all
worked together to better coordinate our drug enforcement efforts. This Summer
we asked for and received from the presiding judge an increase in the bail
amount for dealing Meth to $500,000. Recently the Task Force was successful in
obtaining $400,000 from private and state resources to fund an enhanced Meth
Strike Force within Marion County. The proposed plan calls for the Strike Force to
63
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Mayor and City Council
December 4, 2006
Page 3
.
.
fund a team of narcotics investigators that would include personnel from the
Woodburn, Salem, and Keizer Police departments, and the Marion County
Sheriff's Office. The team will be lead by a Lieutenant from the sheriff's office
and a deputy district attorney. The team's objective will be to target middle
level meth dealers and drug trafficking organizations in Marion County. The first
phase of this effort will be a minimum ten (10) month assault on known Meth
dealers and organizations beginning in February 2007. The District Attorney,
Sheriff, and the police chiefs of Keizer and Salem have expressed to me their
fervent belief that such an effort could make a big impact on the local meth
trade, but only if the City of Woodburn is also involved due to our position in
North Marion County and our knowledge of local drug trafficking organizations.
The Task Force is willing to provide an initial grant amount of $60,000 to each of
the agencies in order to begin the project and strike a blow to the local meth
dealers. Future Strike Force operations will be contingent on future funding,
which is a subject of ongoing discussion. Additional contributions from the
business community and the State of Oregon are possible, as well as from
Federal grants. The Woodburn Police Department is in the process of seeking a
Weed & Seed grant from the US Department of Justice, the "Weed" portion of
which could fund such a narcotics investigator position in the future. If
successful Weed and Seed funding would begin in FY 2007-2008, but could be
delayed until FY 2008-2009.
The Strike Force desires to begin operations in February of 2007, which is possible
but would require the hiring of a lateral entry officer to backfill our field forces
ASAP. We believe that it would extremely difficult to hire a quality lateral police
officer for less then a minimum period of 12 months. If at the end of the twelve
month period (February 2008) additional funding did not become available,
Council could review the need for the position and the revenue stream to fund
it.
FINANCIAL IMPACT:
Funding for the first ten (10) months of investigator salary and benefits would be
provided by the TaskForce and totals $60,000. Funding for an additional two (2)
months of investigator salary and benefits (approximately $12,100) would need
to be appropriated in FY 2007-2008 funds. (Revenue source would be General
Fund if Weed & Seed or additional State Grant support is not available by
February 2008.)
64
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"
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WQ.QDBURN
I"r,,'porttrfd 1lt89
1J/6~_ A ~ 12E
r~'~
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December 6, 2006
FROM:
Honorable Mayor and City Council through City Administrator
G. S. "Frank" Tiwari, Pubiic Works Director~
Wastewater Rates
I
~
TO:
SUBJECT:
RECOMMENDATION: It is recommended the City Council authorize:
. Staff to initiate the steps needed to implement a wastewater rate increase;
. The Mayor to appoint a Citizen Wastewater Rate Advisory Committee;
. The City Administrator to enter into an agreement for professional services to
conduct an interim rate study to address operational, facilities planning and some
construction funding needs in the Wastewater Funds.
BACKGROUND: Following completion of the Wastewater Master Plan in 1995, City
Council approved a rate increase effective in November 1995 to fund construction and
operation of the City's new wastewater treatment facility. Funding for the completion of
the plant was from a combination of rate revenue, system development charges and
Department of Environmental Quality (DEQ) Clean Water State Revolving Fund (SRF)
loans. The SRF loans provided the major portion of funding for the plant and have a 20-
year payment schedule.
The rate increase also funded the continuing operation and maintenance of the
treatment plant and the collection system and funded SRF payments and reserves. The
new plant required additional maintenance personnel and was significantly more
complex than the treatment operation it replaced. Sewer line miles have increased by
over 15% since 1995, and inflation by itself has increased by approximately 36% during
the same period. A 46% increase in population has increased the cost of operation and
has brought in more revenue. That has postponed the need for rate increases for a
number of years.
The new plant significantly increased Wastewater costs over the previous plant
operation. The new plant utilizes significantly more electricity and requires more skilled
maintenance personnel. After the warranty period expired, component replacement and
maintenance costs also increased for the treatment plant. These higher utility and
operational costs along with ongoing economic inflation caused operational budgets to
increase. These increased costs resulted in reduced reserves and contingency funds
during the current 2006-2007 fiscal year as shown on the attached chart. This trend
was the subject of discussion during at least one session of budget committee
Agenda Item Review:
City Administrat
City Attorney
Financ
65
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Honorable Mayor and City Council
December 6, 2006
Page 2
.
.
workshops, and the need for a rate adjustment was acknowledged. A Public Works
goal of completing the rate study by February 28, 2007 was adopted during the budget
process and the process is about two months behind this schedule.
The City, however, must continue to respond to changing environmental regulations.
Staff has discussed with Council the need for modifications to reduce the thermal
loading on the Pudding River. Original plans were to start design of the improvements
to deal with this issue this year. Recently the City asked DEQ to grant a Mutual
Agreement and Order (MAO) that will allow the City to delay these temperature
modifications. The delay will allow the City, through a facility planning process that will
start next year, to more efficiently and cost effectively deal with temperature and other
new effluent limits that will be part of the draft Total Maximum Daily Load (TMDL) limits
for the PuddingJMolalla River sub-basin that will be released by Spring 2007. The MAO,
if granted as expected, will also allow the City to deal with potential new winter ammonia
requirements through the same facility planning process as well.
The master plan that was completed in 1995 also requires updating to fully define the
Phase II project outlined in the old plan. The facility plan will also address plant and
collection system improvements required for growth and to deal with regulatory changes
that will be required through the 2030 planning period of the new master facility plan.
The City has applied for a planning loan from DEQ to fund the new 2030 facility plan.
The plan will take approximately 18 months to complete and the intent is to begin the
process in June 2007.
DISCUSSION: The funding shortfall in both the Wastewater Construction Fund and
Wastewater Operations Fund has reached a point where additional funding is needed in
the next fiscal year to resolve revenue requirements in both funds. The plant has
deferred some parts inventory replacement due to insufficient budget. There are also
some smaller projects (biosolids capacity additions and plant storm water
improvements) that are required at this time and for which funding is not available in the
Wastewater Construction Fund. There is also a proposed wood to energy project that
could significantly reduce treatment plant energy costs, but for which funds are not
currently available. The City will also have to address repayment of the facility planning
loan that will be obtained from DEQ. This loan is estimated to be approximately two
million dollars.
The facility plan will address rate and system development charge issues identified in
the long term planning process. After the planning process is completed in
approximately January 2009, Council will address permanent rate requirements as well
as any needed system development charge modifications.
The wastewater rate structure developed 11 years ago has worked well. However, to
deal with the current funding needs until the facility planning process is completed, there
is a critical need for an interim rate study. The study will use the existing rate structure
66
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Honorable Mayor and City Council
December 6, 2006
Page 3
.
.
as a basis with possible minor revisions in the motel/hotel customer class. No different
rate structures or models will be evaluated at this time.
Staff recommends that the Mayor appoint a Citizen Wastewater Rate Advisory
Committee to participate in the interim rate study evaluation and to report back to
Council with results and recommendations.
The City will obtain quotes from at least three qualified rate development consultants for
conducting the interim wastewater rate study. The size of the project is small, therefore,
a full Request for Proposal (RFP) method is not proposed. It is anticipated that this
study will cost no more than $16,000. Staff recommends that the interim rate study be
conducted and that the City Administrator be authorized to enter into an agreement with
the selected rate development consultant.
FINANCIAL IMPACT: The $16,000 expected cost was budgeted under Other
Professional Services in the 2006-2007 Sewer Construction Fund budget. It was
outlined in the Public Works Goals presented to the budget committee.
Attachment: 1) Wastewater Revenue vs Expenses
2) Comparison of Woodburn Rates w/ Ten Other Communities
67
..oil 't..,
$10,000,000
,
$9,000,000
$8,000,000
$7,000,000
$6,000,000
(/)
...
J2 $5,000,000
0
0\ C
00 $4,000,000
$3,000,000
$2,000,000
$1,000,000 ---
$0
4
Wastewater Revenue vs Operations, Debt Service and Other Expenses
.
....
~
...
~
...
~
.
...
...
...
...
llIt-
....
...
...
...
...
...
.... -
--- -
.. --
Actual -.- - - - - ...... Actual
-
Actual Actual - --
-r-
Budgeted
- - - .
.~ --- -.
",
",
2003
2004
2005
Fiscal Year
2006
2007
- . 'Total Revenue ~ -Total Expenses
I
~ Contingency and Reserves j
Attachment 1
,
i
i
----1
.~
I
50.00
45.00
40.00
,
35.00
30.00
-
~
-
Ul
- 25.00
~
0\ 0
\0 C
20.00
15.00
10,00
-f
5.00
0.00
Comparison
of Woodburn Sewer Service Charge with Ten Other Communities
1/95
",e-- .
IHIGH i
. .
~
I
/
WOODBURN
--~--
... ~m_""'- _~
...... . .......
1 1/95
1/98
2/99
2/00
1/97
AVERAGE
...... · LOW - "HIGH
........
AVERAGE
02/01 2/02
Year
--.
. - ------
--. ...
!AVERAGE WITH STORM I
..~ - .~
)I( ",
!IX
- .~
--I
i
,
. -1
I
,
m._1
02/03 12/03 02/05 05/06 12/06
...+- -.... -+- -+
'" ......
..."" ILOW I
'" ......
. WOODBURN -:. AVERAGEWITH STORM i
Attachment 2
I . ,~
.a::..; J~~~~rih-a-i.."~ ~ .4.. .
~
WQ.QDBVRN
lnc"rpordl.:J '8l'."I
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December 6,2006
TO: Mayor and City Council through City Administrator
FROM: Randy Scott, Senior Engineer Technician, Through the Public Works
Director (.$ .
SUBJECT: Acceptance of Public Rights of Way on Payne Street
RECOMMENDATION:
It is recommended that the City Council accept the attached warranty deeds
for the Public Right-of-Way described in Attachment "A".
BACKGROUND:
The public rights of way being conveyed is five feet in width adjacent to portions
of Payne Street. an unimproved public right of way. The existing right of way is
only 40 feet in width, the right of way is being conveyed to provide for a 50-foot
wide right of way.
Mr. Michail Gladkiy is obtaining the dedications to provide a right of way width
to allow the future construction of Payne Street for the benefit of adjoining
property owners in the future. The Street improvement would be in accordance
with Woodburn Transportation System Plan for a local street, 34-foot improved
surface with five-foot sidewalks both sides.
DISCUSSION:
Mr. Gladkiy has been working on obtaining the right of way since 2004. The
documents were submitted to staff in October of 2006. The documents have
been prepared on Stevens-Ness Law Publishing Co. Warranty Deed Form. Staff
through Marion County Assessors Office has verified that the property owner
information is current.
With the dedications, Payne Street right of way will vary in width between 40
and 50 feet. Although Mr. Gladkiy is still pursuing dedication of the remaining
sections right of way, he has requested this action be taken before the property
ownership changes hands.
Agenda Item Review:
City Administrato
City Attorney --=-
Finane
70
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Mayor and City Council
December 6, 2006
Page 2
.
FINANCIAL IMPACT:
There is no financial impact with the recommended action
Included as Attachment "A" is a Vicinity Map and signed
Right of way Dedications
71
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.... .,.,
A TT A C H MEN T "A"
" """
, ,
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VICINITY
Property Owners:
Michail Gladkiy
Ivan and Yevgeniy Keptya
Michail and Raisa Gladkiy
Pavel Saverchenko
Isaias Hernandez
Pedro Marinez Hernandez
72
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n - -. 11
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HlCif!fTL ___CjjjJ2!{ I y~_
21tZ_ J3~-lX?-'::f }!''.PJ? IL___L 1-!._
)X'OL?jJ/)U,R(l!L__9!?'__B'102[
Gr.ntor'a N.nM .nd Addr...
ST~:~n~: o~~~~~~~_hh_______h___ } ss.
Gr.nt.... ....nw and Add,.."
SP,t..CE RESERVEO
FOR
RECORDER'S USE
1 certify that the within instrument was
received for recording on ___n___n_n__n____n__'
at ____n___u_ o'clock ___u,M., and recorded in
book/reel/volume No. hnn____ on page n__h___
and/or as feelfile/instrument/microfilmlreception
No. _nn__h__' Records of this County.
Witness my hand and seal of County affIXed.
AfbK ~dlng. retum to (fMme. AddrNa. 210':
City ofWoodbum
270 Montgomery Street
Woodburn OR. 97071
Until r~uuted ou...rw'-. Hf'ld .11 tax ....tenlenlli to-(Nam., AOdr.... ~
- -- NAMf-----h-- ---n-----nilriEn-----n-----
City of Woodburn
270 Montgomery Street
Woodburn OR. 9707\
By ___h__ _hn______nnnn_______n___' Deputy.
KNOW ALL BY THESE PRESENTS that ---
WARRANTY DEED
u!Y.fut!U 1-:_____ G!.Ll!J?!!-!K_____ _____m_____m__m____
he:~~~~fter ca~led _gr~~~~~, ~~~_ ~JTo~~~cl~~tt:(1;~~~a~ lJ~i')!~~~_~~_~ ~~~~~~~ ~~n~~~~~ ~~~~~===~===================~-,
hereinafter cancd granlee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns.
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in _ u__nn_U__ ___ ___u_______ County, State of Oregon, described as follows, to-wit:
DE SC RIP iI L7J//
If TT If e /-1 E ])
F XlllBIT
,4
(IF SPACE INSUfFICIENT, CONTINUE DESCRIPTION ON RE'JEASE SlOE}
To Have and to Hold the same unto gran lee and grantee's hdrs, successors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
111 fee simple of the above granted premi~cs, free from all ~ncumbrances except (if no exceptions, so state): --- __n_n___n___
----- ---- - ---_._---- '-- ---------.---------------"--- ---..--.---------..------,- - ---------------------
___ ________ _ ___u ____ __nn_ ______ _ _ _ _ _____n___ ___n__________n_ n______nn__n_____________n_______, and that
grantor will warrant and forever defend the premises and every pan and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the above described encumbrances,
The true and actual consideration paid for this transfer, stated in terms of dollars, is $_QQ_,_.9._I,-2________. ID However, the
actual consideration consists of or includes other property or value given or promised which is [J the whole [] part of the (indicate
which) consideration.<D (The ,entene<: between the symbols ((), if not applicable, should be deleted, See ORS 93,030.)
In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be
made so that this deed shall apply equally to corporations and to individuals. /!', _' {1 -, ''''"
I-Ii f h h d h' . , 1,.-'.' ~ -,r I .ti t' !; 'f
n wllness w ereo ,I e grantor as execute t IS Instrument on ______ ---J __'"___u'___,.{_1._::_ __ ___n____ n__; I grantor
IS a corporation, it has caused its name to be SIgned and its seal, If any, affixed by an ~ other p~ on duly authorized to do so
hy order of its board of directors ~f:.'t!J
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY OESCRIBED IN _~r:.7 n _ __ _non - __u__u__u____
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU- ~I1
LATIONS_ BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON (7/'
ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- __'l_____ ____ _________ --- - _nu_ ____U_____
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTtCES AS DEFINED IN GRS 30,930,
STATE OF OREGON, County of --1 ) /d_"c> '-'______mn _) ss.
11' , kn 1.1 d b [ , I' )- I { :' ," J -I.) ,"' ~'" I
liS Instrument was al: oweuge e Ore me on --"-r--~ __-'n_~_"'____L~__-_n_______n___h___'
by ,tL~_LQ_,~"____ CJ.Cj1n!LI___________u___m_____ __ ---------- m___________,
This instrument was acknowledged before me on ___ _ _ __n n ____ __uu ___ __n_ _n___'
hy
as
of
. n>fii~c::'/'iJ~Z
Notary Public for Oregon -. - " ,') -:i -I ' --.
_,. ( '/ _I _ j I ,( 7"-
i\.ly commISSion expires. ___,..__ ....'__~n___L-n
tJFF ICIAL SEAL
ALEXANDRA TEMOSCHENKO
:--JOTARY PUBLIC - OREGON
SO"-'MISSIOH NO ,69024
MY COMMISSiON EXPIRES AUG, 4, 2007
.~-.
73
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Ex~8IT A-
AzIMUTH SURVEYING
Phone (503) 364-0026
February 4, 2004
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8200, Map 5 1 W 18BD
Owner:
Michail Gladky
C/O Fidelity National Title
735 Glatt Circle
Woodburn, Oregon 97071
A strip ofland 5.00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The southerly 5.00 feet of Lots 17 and 18, Block 1, Ogle's Addition to Woodburn,
Marion County, Oregon.
c;~;/ ~'{"(" (,,:
~, ,)(.((./.:J, (< (jt
OFFICIAL SEAL
ALEXANDRA TEMOSCHENKO
NOTARY PUBLIC ' OREGON
~OMMfSSION NO. 369024
MY COMMISSION EXPIRES AUG. 4. 2007
/IJI
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULV 25. 1990
JAMES S. HEPLER
2451
Exp,'('C~ ~/30/6r
74
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\;OP'fRIUHT 19I:Ii 3IEVt:J~SN(-S:1l)l.w_PU~l:IGI~N~~~.. ~Q~~D~ C?R.~!~~
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)i"f# !'.IF1VIf ;fliP VEI/6El/lf" /{EP1til
~'~::JLLI/~:::CiFG~~;:---- -
, _O.ryIJL,u'/1.J-____ ____(Zm ________
Grento,'. ....... end Add......
ST~:~n~: O~R~~_~~~_mm__mmh } ss,
--Gr.n~'. ~m;.ndAddraM
SPACE RESERVED
FOR
RECORDER'S USE
I certify that the within instrument was
received for recording on ____hn_____________n__,
at ___ __.____..n o'clock _____.M., and recorded in
book/reel/volume No. _nn_____ on page h_n____
and/or as fee/file/instrument/microfilm/reception
No. _n____n__' Records of this County.
Witness my hand and seal of County affixed.
A~", <WCOIdlng. '0"'"1 tq (Nome. Ad91_ Z14l):
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
"',ddr..., ~):
NAME TITLE
Until req~ted ottMirwtse, Mnd .u tax ."ementllln IN
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
By ___n__ n___hn_nn_nn____n__n_, Deputy.
WARRANTY DEED
It--Afl/ j{EPTy,4 ..f"v.i' YEt/6EVfV KEP~ '/I
KNOW ALL BY THESE PRESENTS that ____n_______ _____u_m____ .mm. _ ummmnn____mnum__
hereinafter called grantor, for the consideration hereinafter st~ tOhrantor pai~ ___nnn_unnun___ ________nn_n__nnn
-- - ---- - - -- --- - -- --- -nn----_-_u_7??__tJl.Zk'..__(l.f.____n__tZ___P..fl~Ln__hn_n____n_n_n___nn__nn_n___n__ n___,
hereinafter called grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns,
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in u __' _ __u____________n___nn County, State of Oregon, described as follows, to-wit:
DFfC,RJP17D,v If TTA CHE ()
FXHJ/3.lT
ft.
:1
:i
,
I
i
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE StOE)
To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
in fee simple of the Jbove granted premises, free from all encumbrances except (if no exceptions, so state): __________nnu__
--- ~-- -- - ---- - -- ----- --- ------ - ~- - -- _..- --- ------- ---- ---------- - -- ------ -- --- -- -------. - - - ----
~ n U - __n_u ____ m _____ _______un_n. ______u_______n_u.______U___h___n____ .n______________ __. and that
f\r"utur will warrant and forever defend the premi5e5 and every part and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars, is sC'Q,_Q52_u___n_n. (]; However, the
JCtual consideration consists llf or includes other property or value given or promised which is 0 the whole 0 part of the (indicate
which) consideration.0l (The ><:1I1ellce hetween the 'ymhols <0, if nol applicable, should he deleted. See ORS 93.030.)
In construing this deed, where the context so require5, the singular includes the plural, and all grammatical changes shall be
maJe so that lhis deed shall apply equally to corporations and to individual'j--, '. ~ ~'7 ,'. ,
[n witness whereof, the grantor has executed this instrument on ___Lift: ::_:.._ ,_~_C__~!.~~_:~~(nn_____n_n___; if grantor
is a corporation, it lias caused its name to be signed and its seal, if any, affixed by an officer llr other person duly authllTized to do so
hy order of ils board of diredors.
THIS INSmUMENT 'WilL NOT AllOW USE OF THE PROPERTY OESCRIBED IN
THIS INSTRUMENT iN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU-
LATIONS~ BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING DR FOREST
PRACTICES AS OEFINED IN ORS 30.930.
cc;{fJS
c" z:;:JjftfJ
.--- L- -~ I ~-
STAfEOFOREGON, County of .___.!.'_,_"l~_ ~,:' ~-_n_u_______).ss. ~ "'-if
_ T~is instrument was acknowledged before me on "--,Je--L.~c~~--:}-_LL "/(__C_u~_.
by /.- J', LO_mk_<:_./~Lf_~?__ _:)_)c~L_Y..' CJ.:}"C'tmJ.''::,"+J~~~'' u__ nnm___ _ _______ uhmn .
'1 his illstrllm~nt was acknowledged bCfore me on n____ u_n .__nn__u__.. no ___U___h_____,
by
as
of
-/)ifn -
':~-L _(;~':~~~_
Notary Public for Oregon
My ,ommi"iun ~xrircs
c::~:~ :~{:;~:__m___m__.
~--~.
Orr,C1AL SEAL
ALEXANDHA TEMOSCHENKO
NOTARY PUBliC - OREGON
COMMISSlml r-iO 369024
MY COMMISSION lXPIRES AUG 4, 2007
_CC'~_~7.u/L_;i(~c_Z c
75
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E YH'I 13,T T ,4
AZIMUTH SURVEYING
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8401, Map 5 1 W 18BD
Owner:
Ivan Keptya and Yevgeniy Keptya
659 Julie Court
Woodburn, Oregon 97071
Phone (503) 364-0026
February 4,2004
A strip of land 5.00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The north 5.00 feet of that certain tract ofland conveyed to Ivan Keptya and Yevgeniy
Keptya by deed recorded May 24,2001 in Reel 1787, Page 235 of the Marion County
Records.
(id)
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( 1/ j{CLL/ /~,l" r .
OFFICIAL SEAL '
ALEXANDRA TEMOSCHENKO
NOTARY PUBLIC - OREGON
COMMISSION NO. 369024
MY COMMISSION EXPIRES AUG. 4, 2007
76
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
9~..a.R'~
OREGON
JULV 26. 1990
JAMES S. HEPLER
2451
~
6<p;Yd ~/j'l)/DS-
.,..
----
........ "~'\.:I"' ll;lW ::'le"r:'~;:"NL"''' lAVY ,'UbLltaUlroU l"..U., YVHIl.N\lU. UM 1II10!U4
.. .. .. ..\
rfl\ i.i
Ji''P' I,
.J(!L~taj L<::(.&B).0:._ __ G IQ_dJCJ~'j_ ___
!:. '>,.()__Bj{!]).L-ntd)_('/LJ~_____________
i ~ UDf)/1URiv' , 01< 9}O 71
-- -.... - GranlOf..-..ameandA-cki..... n un
Gr.nt.... Name and Addrn.
SPACE RESERVED
FOR
RECORDER'S USE
ST~~~n~: o~~_~~_~~~_________________ } Ss.
1 certify that the within instrument was
received for recording on __nn________n_________.
at ___n__n___ o' clock _un .M., and recorded in
book/reel/volume No. hn_h_n on page ____nh.
and/or as fee/ftle/instrument/microfilm/reception
No. _n_.n__h' Records of this County.
Witness my hand and seal of County affixed.
(,:-iT~_ iiX :/;~iiQ{;;h?XilZ::.
A{ler rKOldlng, return to f*~ AckIreae., ZIp):
City of Woodburn
270 Montgomery Street
Woodbmn OR. 9707\
UnUI .-.queated otherwl......nli! all tax atat.menta 'c:llN~.. ~
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
NAME
. - - -- --- -- ---TiTLE - -- --- --------
By nnn_______n______________n_.______, Deputy.
WARRANTY DEED
KJ'lOW ALL BY THESE PRESENTS that l'!! !!!!.1}1.. _~:__R ~I s !:____f2?/jJ?!:!_L____ n_________
hereinafter called grantor, for thi ~nsi~~,rj!.iTn here~~er ~~1>,3 Bant~'!;t-by _________._.______________________n___h_m
. . _ __ __ . _ __ __.. ____ _ _ _ _ ____ __h_ __.. n __ _ __ ____k".___ _______ _n______ _n_tL.. _ __nn__________ __n_n_ __n_n_nnn__ _n___n______ .
hereinafter called grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns,
that certain real prope" with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in . ___t:1.Aj5__/Z~___n_ _ .nn._ County, State of Oregon, described as follows, to-wit:
DF)('j( L P II 0,1/
;f 7T,4 (' HF D
E (HI 8rT
4
(IF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
in fee simple of the above granted premises, free from all encumbrances except (if no exceptions, so state): n_____n__.nn__
___.._ __ .. n_n__ m____ .___n_ ______ .___nn.______n_____h________h_n__n________n_.._______________.__n' and that
grantor will warrant and forever defend the premises and every part and parc~lthcreof against the lawful claims and demands of all
persons whomsoever, exceplthose claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $________________n___n' (j) However, the
actual consideration consists of or includes other property or value given or promised which is D the whole D part of the (indicate
which) consideration.I'D (The sentence between the symbols ill, if not appliL:able. !>hould be deleted. See ORS 93.030.)
In construing this deed, where the context so requires. the singular includes the plural, and all grammatical changes shall be
made so that this deed shall apply equally to corporations and to individuals"~1 )
I' h f h h d h' , ' , ." - 7 '1/" 'I 'f
n witness w ereo , t e grantor as execute t IS Instrument on ----~'--Lf---~->:. _'..! '--_ _ ~_n_________u________n_; I grantor
is a corporation. it has caused its name to be signed and its seal, if any, affixed by an offi n duly authorized to do so
by order of its board of directors_
THIS INSTrUMENT WILL NOT ALLOW USE OF THE PROPERTY OESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LANO USE LAWS AND REGU-
LATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULO CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
ANO TO OETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED iN ORS 30.930.
;-c
!..
SlATE OF OREGON, County of )/_~J...:n!..c:L..!_l__ __ ______) Sj
. . tL ' . '2 J ~~
111,IS lIl,strul.nen; was acknu:"ledged 7~rOf'i ,me on -- -'f:1~--" u L _~_"'-___n_________
by.. tl'""Jc~L\.""u.Lj._"". __, :1_ .c_~~J,_~'l_ ,_\La____________u___ _ _____________
This instrument was acknowledged before me on n._ ..._______.
by
as
of
),-, / y:::-,~-------'/ _/_m___um__.
~e/--::.~ /( " /~.~-
~ _ I: _....1:.... - - - ______ _ _~::_ _____ ..___.. ~~_______ _ __ ______
Notary Public for Oregon (') ,,', ,) . ~ _ __
M .. . ("..., ,., . ,,[ Z
y commiSSion cxpues __u."._L '__~L__'!_)u:-':'(_L._ ~__ n___._
Cf.FICIAL SEAL
ALEXANORA TEMOSCHENKO
,'WTARv PUBLIC . OREGON
COMMISSION NO 369024
V,y COMMISSi01, EXPiRtS AUG. 4, 2007
- ~~
77
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AZIMUTH SURVEYING
Phone (503) 364-0026
February 4, 2004
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8000. 8001, and 8002, Map 5 1W 18BD
Owner:
Michail Gladkiy and Raisia Gladkiy
1105 Greenview Drive
Woodburn, Oregon 97071
A strip of land 5.00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The southerly 5.00 feet of Lots 22, 23, and 24, Block 1, Ogle's Addition to Woodburn,
Marion County, Oregon.
/
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
/f.--- ) /', - /.
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_. OFFICIAL SEAL \. .
~ : ALEXANDRA TEMOSCHENKO .
". ./ NOTARY PUBLIC - OREGON
", ..' COMMISSION NO. 369024
MY COMM/SS/ON EXPIRES AUG. 4, 2007
q6Hu4~.~~
OREGON
JUL Y 25. 1990
JAMES S. HEPLER
. 2451
lScpJt'<'!:$ ~,/3%S-
78
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2 JiY8)1jlJT[wociJ5m--l^-~n----n
Ji"QoXfjjffi!i2~=~~~fj;[~?!X(7)~~~~--- --
Grantor', Name and Add,...
--- -(1r."t....- ...m.i-.nd AdctrH.~ - --- -..
SPACE RESERVED
FOR
RECORDEA-S USE
ST~::n~: O~~:~_~~~______mhnn__ } ss.
I certify that the within instrument was
received for recording on _uuh__h_nn_______n.
at _nnn_uu o'clock nn_.M., and recorded in
book/reel/volume No. h____n__ on page _________
and / or as fee / file / instrument/microfilm /reception
No. _nnn____' Records of this County.
Witness my hand and seal of County affixed.
Aftet' recotdlng, r.tum to (Name, AdcIrMa, ZIp):
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
UnUl r.que.ted otherwl~ M;Qd ~II tu: .mtemerlt. ~ IN~. Add'.... Zip):
- - - u - - - NAME- --- -- -- - - - - - - - -- - - ~ -TITLE - -- --- - -- - - ---
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
By n_n__ n_ ______nn ___nnnn__n_' Deputy.
WARRANTY DEED
- _ HZCHAIL l PAISA QjADKIy
KNOW ALL BY THESE PRESEN rs that ____ ___m_______n___________mnm_________________________m__n_m_m_
- - - - - - -- - - - - -~~ -- ---- -------- - ------ - -- --- -- - - - ------- - - ---- - - ----- - - - -- ---- - -------~ .- ----- -- - ------- -- - - --- -- ------------,
hereinafter called grantor, for the consideration hereinafter stated, to grantor paid by _ _n_ __ ______n_____nnnnnn_______n_nn
- __h_.__ ____ n _ _ _ ______ _ __ rtL_C.l. It': ___ _ g E._ _ nk'.;;Z &..Q_B.pg.J.V_______ __ _ n ___ _ _ _m_____n__hh________n______m__'
hereinafter called grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns,
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in __nnn_nnnnn________________ County, State of Oregon, described as follows, to-wit:
]Je Sc. RIP7II)JV
A TT ACHE D
EXHIBIT
fl..
(IF SPACE INSUFFICIENT, COtlTINUE DESCRIPTION ON REVERSE SlOE)
To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
in fee simple of the above granted premises. free from all encumhrances except (if no exceptions, so state): _____n____n_n__
n__n _____ __ _ _ ____nn___ u_ _ _________ __ _on n __ _____ _n_n_ _______n_n__ ________n_____ _____n_ n___n__ n________, and that
grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars. is SlL_QQn___ ___h___ (j) However, the
actual consideration consists of or includes other property or value given or promised which is 0 the whole 0 part of the (indicate
which) consideration}]) (The sentence between the symbols <D. if not applicable, should be deleted. See ORS 93.030.)
In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be
made so that this deed shall appt y equally to corporations and to individuals... " '7
In witness whereof, the grantor has executed this instrument on __ ..I'F--~-'_~~__.'n/_'n"!"_._(!!.C_nuu____________; if grantor
IS a corporation, it has caused its name to be signed and its seal, if any, affixed by an O~fi er or ot ; person duly authorized to do so
by order of its board of directors. .
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN _ __ n _-_.____ _ ____u________h m______u____
THIS INSTRUMENT IN VIDLATlDN OF APPLICABLE LAND USE LAWS AND REGU. , I
LATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON \ t~ )'
ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- _________7' _ n _ __ n___________nn__u_______n__ _
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930.
."t> f.. .
STATE OF OREGON, County of ______ jL"~ --i~i--~--_'.J._uT--n) ss.
This instrument wasAcknowledge4 before me on nuJ/,__,~_,__C") __'-".~o'____(? C_n_u____u__.
by .1 LL-'-L=,_j_~___L_I' (~ l~:_'~.n__I--_lJ.'~.dL" "__ ________________uuu_________h____u_________.
This instrument was acknowledged before me on ___n__ __nn_____'
by
as
of
----~-~)~~--- -- _\---n-,n-;7----j_ ______________n____.
_Lf_(~~~,~~:_ __~~-~i__~~:_~:~~n~_ -=____u_________
Notary Public for Oregon 'f' " " . "
I .. . 1,.- '-( L1. ). ( +
r... y commiSSion expires __nC_n_ -1----- __.,'-J_:_L___.__L_________
; (I) :::FF;C,AI. SEAl.
ALEXANDRA TEMOSCHENKO
"..' ./ NOTARY ~IJBUC OREGON
. ,.' COMMI,SION NO 369024
MY COMMISSiGrl EXPIRES AUG. 4,2007
79
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,.'
f-YHII3Il A
J,
AZIMUTH SURVEYING
Phone (503) 364-0026
February 4, 2004
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 7401, Map 5 1 W 18BD
Owner:
Michail Gladkiy and Raisia Gladkiy
428 Stark Street
Woodburn, Oregon 97071
A strip ofland 5.00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The southerly 5.00 feet of Lots 19 and 20, Block 1, Ogle's Addition to Woodburn,
Mario ount ;' Oregon.
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OFFICIAL SEAL
/ ~~;~~~Dt1~L1~M~~~~~tg<~
.' COMMISSION NO. 369024
MY COMMISSION EXPIRES AUG. 4, 2007
REGISTERED
PROFESSIONAL
LAND SURVEYOR
9.anu<J~. ~ "e...
OREGON
JUL v 25. 1990
JAMES S. HEPLER
2451
&p;,~ ~/3ljILJ~-
80
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~.,... ,. "..." I ,,,... ,. '-~c.".. .t<. .;l..> v',n I-...g..,,,.,,,,~... '-v--'-'-.r:....~, ~f.!!J..l.J., I;"idtt
~~GrantH.. Name.niI Addr...-------
SPACE RESERVED
FOR
RECORDER'S USE
STATE OF OREGON, } ss.
County of __u______u__u__________
I certify that the within instrument was
received for recording on _h_hu___nn___u_h__,
at __u_u___h o'clock _uh.M., and recorded in
book/reel/volume No. h_hh___ on page _________
and lor as fee / file I instrument Imicrofilm/reception
No. uu__uu_, Records of this County.
Witness my hand and seal of County affixed.
r~_
_:li '~':L ~'~~ ~~ i ~- :i~~:~l:~}:~i~~~~:\~~ ~~-~
Gn.ntOf'. Name IInd AddrMa
An... tltCOlcflnca. rldum to (NatTMI. Add...... Z1D):
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
UnJ!! 11tq~ otherwl..! -I'd .11 tII!....'!.le-r.'len.. tp (Harne. Ad~
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
NAME
TITlE
By _____u_u______uhunn___hhu____, Deputy.
WARRANTY DEED
KNOW ALL BY THESE PRESENTS that uumLCU,:~_enuS_~_'::::_~f::9c_h__~~j5SLu________
hereinafter called grantor, for the consideration hereinafter staled, tOi5rantor paid by n___n_n_ ____un.___n_______u__n_ ___u__
-. un m m__mm_ ------m-f:-Qm_(LL~Xn--QEmuMuQQj2?1/;r-~_____________mn____m_mu_____hh __,
hereinafter called grantee, does hereby grant, hargain, sell and convey unto the grantee and grantee's heirs, successors and assigns,
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in nuuu_u_uu___ __h_h_h__u_ County, State of Oregon, described as follows, to-wit:
------- - -- ---- -- -- -- - -- - -- - ----- - --~------ -~ -- - -- - ----- - - - __ - __ _. __ _____ _. ~'O _'_ ____ .., _ __ _________ _______ _ ,
D(!s"Cf<Jp-tio/L
cxt -Lac h><..oI
F XJ-III317 A
~IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
in fee simple of the above granted premises, free from ~IJ encumbrances except (if no exceptions, so state): uun_uu __ ___
.n_____u____ ------ .----- ___u__ ________hU____uh_______ ._______n____h________u_________n, and that
grantor will warrant and forever defend the premises and every part ami par<.:el thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the ahove described encumbrances. ',__ ~
The true and a<.:tual consideration paid for this transfer, stated in terms of dollars, is $1d__~U______n_____. <D However, the
actual consideration consists of or includes other property or value given or promised which is 0 the whole 0 part of the (indicate
which) consideration.CD (The sentence between Ihe symbols CD. if nol applicable, should be deleted. See ORS 93.03n.)
In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be
made so that this deed shall apply equally to corporations and to individuals. . (
In witness whereof, the grantor has executed this instrument on ___ _!S-p c:.._L"_n_L~:) 1 'J_{_L~__~_n____n n; if grantor
is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer, or other person duly authorized to do so
hy order of its board of directors, ~ I " " .
At' I' .,' . i
._.l:'ci..l_u:_L_~_'u '_U__ L ~--LU~L~__(fc~__ n____u
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU-
LATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULO CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930,
--") 1
STATE OF OREGON, County of __ L___\l~\ '-L>:::~__ _m_) ss. - . ) _ ,..' (I
,This instrument was acknowledged before me un __n :~L~:>--2..;-~-u-L-n-u--~ _-__n________,
hy _:'&.LL'::_l'_~11 _.:_,.,nkv..__u f!i~L,,_L_ _ mn_______ mm_h_____ _ _ mh____m.
This instrument wa, ack.nowledged before me on ______ __.._______n____u_ n______n___un'
by
as
of
i?0"'''-:''-_~-,___ _m__
:>Jotary Public for Oregon ~--
\1 .. . (,1, ,"
o' y commlSSlOn CXplfCS ---i.....I....-. C;_!~
'--- ..... ~
';-o-"c-<::-'- <1- -l~:!:'__ _ _ _ n__
---c--uur ._. _u___.
(I) OFFICIAL SEAL
ALEXANDRA TEMOSCHENKO
' T- NOTAPY PUBLIC - OREGON
COMMISSION NO 369024
I MY CG'.lMISSIO~i EXPIRES AUG 4, 2007
, r7-~'J
ij I ,J_CL -I___h___
81
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AZIMUTH SURVEYING
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8600, Map 5 I W I8BD
Owner:
Pavel Saverchenko
2785 Pacific Highway
Hubbard, Oregon 97032
Phone (503) 364-0026
February 3, 2004
A strip of land 5.00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The north 5.00 feet of that certain tract of land conveyed to Pavel Saverchenko by deed
recorded April 11, 2001 in Reel 1769, Page 261 of the Marion County Records.
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OFFICIAL SEAL
ALEXANDRA TEMOSCHENKO
NOTARY PUBLIC - OREGON
COMMISSION NO. 369024
MY COMMISSION EXPIRES AUG. 4 2007
82
",II'
REGISTERED
PROFESSIONAL
LAND SURVEYOR
~~.A/..
OREGON
JUL V 25. 1990
JAMES S. HEPLER
2451
E~pjr~ ~/3t:VO?
-r .
J so..; as Her Ylan.-de7..
__':t_':i_8h ___:>_~~(~~~~~~~~;~~~~~~-:t-
J~{;'Qr:f O_"'f.J?_rJ:.m9B___'3._?_Q!_!u_hnmmn
Grantor', Heme IInd Addreee
ST~::n~: o~~~~~_~~mmn__muu } ss.
nr~ll
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NO PO\AT elf- AN I STE'/ENS.NESS FORM MAY aE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS.
-------G~;-.-......"d-AciChU- ---
A..... _onllng......... to (......., A_, Z1,*
City of Woodburn
270 Montgomery Street
Woodburn OR. 9707\
SPACE RESERVED
FOA
RECORDER'S USE
\ certify that the within instrument was
received for recording on uu_____n____uuU__h' .
at ____Uhnn o'c1ock nn_.M., and recorded in
booklreel/volume No. _n__n___ on page hh_____
and/or as feel file I instrument/microfilm/reception
No. n___U_n_' Records of this County.
Witness my hand and seal of County affixed.
V'.!.UI ~.1aQ O~_. IMfKJ at wx ....,.,..,.. to t""', AOatMa. l6p):
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
-- - --- -- "N"AM-E"- -- --- ---- ------------;:iTLE--------- -----
By ______nnn___UU_h__nnnnn_n__, Deputy.
WARRANTY DEED
KNOW ALL BY THESE PRESENTS that __ ~ ~_LQ-~__umt{~f..~!.'5!:_,,:_~_______
---- - - - --- -- -- --- --- -------- -- -- -- - - -- -- -- - - ---- ---- - -- ---- ------ ----------------------- ---------------------------- ------,
hereinafter ~alled grantor. for the consideration hereinafter stated, to grantor paid by _u_ n____n___uuuuuuuuu___u_uuuu
-- ~u__.:r:.~L__(!-:TJ:.Y_m9 E..mh~ggJ;>_~__ZdfLfo!.._m_ __muuH_______m_mmuuum______hm.
hereinafter called grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns,
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in un _ __ huu__uu___unuuu County, State of Oregon, described as follows, to-wit:
De'>IC..;;!.tP,rO/,/
A'"Uc:.HcD.
E'fHIf?tT
^'
(IF SPACE iNSUFFICIENT. CONTiNUE DESCRIPTION ON AEVERSE SIDE)
To Have and to Hold the same unto grantee and grantee's heirs, suc~essors and assigns forever.
And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
in fee simple of the above granted premises, free from all encumbrances except (if no exceptions, so state): n__u_unnu
_n_uun___n~_ ____Hn__ H n_n~._n______n____n__un_uHuHu' and (hat
grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the ahove described encumbrances.
The true and a~tual ~onsideration paid for this transfer, stated in terms of dollars, is $uQ,_Q_Q__n_n___. 'lj However, the
actual consideration consists of or includes other property or value given or promised which is 0 the whole 0 part of the (indicate
whi~h) consideration.'" (The sentence hclwccn the symbols'. If no. applicable, ,hould be deleled. See ORS 93.030.)
In construing this deed, where Ihe context so requires, the singular includes the plural, and all grammatical changes shall he
made so that this deed shall apply equally to corporations and to individuals.. . . J? 7 ~ ,( .
In witness whereof, the grantor has executed thIS Instrument on Clu ~i--<c::,l__nuJu_.:-_,,<_""._v.Hun_ ___n ; If grantor
is a ~orporati()n, it has caused its name to he signed and its seal, if any, affixed hy an ofticer or other person duly authorized to do so
by order of its hoard of directors. /
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN :>~_ ~ s."~L.D..-S-jkII..U.."'J...\d/i2~=--m~~~----n
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS ANO REGU- -7..
LATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENTTO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN OAS 30.930.
STATE or: OREGON, County of _' UIC,:,u'_c:>::,- mmu _un) 'so
This insu;umem w,\~ adnowkdgcd before me on _ J..'V-, ~'-k"d___ h. 7,_j,<~Ij~_~_n_n_nuuu'
by r_S...:'_!D.\.. _ tlf'J')l1dlJL-f_k-____ mum_ _mmm_ _____mmunuu
This instrument was ackn(,wledged hefore me un __ _~__ __n,
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CFFICIAL SEAL
ALEX.lIlDRA TEMOSCHENKO
fJ0' "h PI.JEJLlC - OREGON
COMMISSION NO 369024
MY COMMISSION EXPIRES AUG. 4,2007
~~-:::-.--
Notary Puhlic for Oregon '-lu ~
My ,0mm'SSton expIres u_Ln_;1nv.._n L.;li,,;'/Q__/__nu__
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AzIMUTH SURVEYING
Phone (503) 364-0026
February 3, 2004
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8100, Map 5 lW 18BD
Owner:
Isaias Hernandez
448 Stark Street
Woodburn, Oregon 97071
A strip of land 5.00 feet width, located in the northwest quarter of Section 18t Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
The southerly 5.00 feet of Lot 21, Block I, Ogle's Addition to Woodburn, Marion
County, Oregon.
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OREGON
JULY 25. 1990
JAMES S. HEPLER
2451
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
q~-7I~
_OFFICIAL SEAL
" . ALEXANDRA TEMOSCHENKO
-< . / NOTARY PUBLIC - OREGON
" .... COMMfSSION NO, 369024
MY COMMISSION EXPIRES AUG. 4, 2007
E~ P; I"t:,:S &'/$0105'"'
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"h., ,~orJlnfl, f"!Wm.Io,q.lome. A~ ~p).
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
SPACE RESERVED
FOR
RECORDER'S USE
ST~::n~: o~~:~~_~~mummmm } ss.
I certify that the within instrument was
received for recording on __n_______n__u________,
at nnn______ o'clock ___n.M., and recorded in
book/reel/volume No. __u____n on page __nU___
and/or as fee/file/instrument/microfilm/reception
No. _nn__n__' Records of this County.
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NO PART (.1::: A.NY STEVENS-NESS FORM MAY BE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS.
Y~.61~L\1s~\ \~ 'il~.LJ~e.:C(\Q.i)~t:..Lm _ _ ___
__~19Q____~__~2\:fe.~i_n____ ___m_
~~'nl.l:r: 'A.,__CllL__cl1D_1Ln___
Grantor'. N~ end Addreu
Witness my hand and seal of County affixed.
limit req~ ~~. Mnd... to .WIemen. to (tume. Addrua, ~
City of Woodburn
270 Montgomery Street
Woodburn OR. 97071
- -- - -- --NAME----- ------- -- - ------=riTi'E --------------
-----------\
By _n____n___u___n_________n_________, Deputy.
WARRANTY DEED
KNOW ALL BY THESE PRESENTS that i&..'"'\'(.D____$"~~\~_\'fLeL __ ~i\.v.'l\QLL.n---- _mmm_____
haeinafter called grantor, for the consideration hereinafter stated, to grantor paid by nnn___________nn______n___________nn___
. .___..____. _m_ _3-\,)_ _CJ..:Ct'.mnDL___mLl" CL_~!El\..-~.'L~m_m_nn__ _____mm____mnm______mm_____'
haeinafter called grantee, does hereby grant, bargain, sell and convey unlO the grantee and grantee's heirs, successors and assigns,
that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,
situated in _ ___n__.____________nn_n__n__ County, State of Oregon, described as follows, to-wit:
vt 'JC ~\ y\ \C\{
f\ -\\ ~ C\-\ ~ \)
t J<\-\ \ ~';\. "\
!,F SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the sallie unto grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenan1s to and with grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized
m fee simple of the above granted premises. free from all encumbrances except (if no exceptions, so state): ______n______n__
___n____n_____ _n_, and that
grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all
persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $!.2._0_0__nn______n. '1; However, the
actual consideration consists of or includes other property or value given or promised which is 0 the whole 0 part of the (indicate
which) consideration:.D (The sentence between .he symbols ". If nnt applicable, should be deleted. See ORS 93.030.)
In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be
made so that this deed shall apply equally to corporations and to individuals.
In witness whereof, the grantor has executed this instrument on ___CJ(.tLf0..CrLS nL_,.2_{/~LtJ_________ -----; if grantor
\, a corporation, it has caused its namc to he signed and its seal, if any, affixed by an officer or other person duly authorized to do so
by order of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU-
LATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO-
PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930.
~n~~__________
STATE OF OREGON, County of _lILff-__!.ci. "-"'_~ _ ___1 ss.
This Instrument was acknowkdgcd before me on _ -(}-Licp..:.. i!__. '2._._J.1[: jt.L~ u__n____'
by __P""dK____ j,,\td~.'L~_y)_<..~__ e..s: ~.n_~i JJ_dl'.z... - ____m__
This instrument was ackn"wleclged bcforc me on
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C'ii'C'ICIAL SEAL
ALEXANi1~A TEMOSCHENKO
NufAf<, r.', :sue . OREGON
CmN..,IlSSION NO 369024
MY CC~:SSlorl EXPIRES AUG. 4.2007
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AZIMUTH SURVEYING
2015 Market Street NE Salem, Oregon
Right-of-way Dedication, Payne Street, Woodburn
Tax Lot 8300, Map 5 1 W 18BD
Owner:
Pedro Martinez, Hernandez
490 A Street
Woodburn, Oregon 97071
~
Phone (503) 364-0026
December 28, 2005
A strip ofland 5,00 feet width, located in the northwest quarter of Section 18, Township
5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, and more
particularly describes as follows:
Part of Lots 14 and IS, Block 1, Ogle's Addition to Woodburn, Marion County, Oregon,
described as follows:
Beginning at the southwest comer of said Lot 14, Block 1, Ogle's Addition, and running
thence northerly along the west line of said Lot 14, a distance of 18.00 feet; thence
easterly at a right angle to the west line of said Lot 14, a distance of 5.00 feet; thence
southerly parallel with the east line of said Lot 14, a distance of 12.80 feet, more or less,
to a point that is 5,00 feet northerly of and perpendicular to the north line of Payne Street;
thence easterly, parallel with the south line of said Block 1, to the east line of said Lot 15;
thence southerly, along the east line of said Lot 15, to the southeast corner of said Lot i5;
thence westerly, along the south line of said Block I, to the point of beginning.
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 25. 1990
JAMES S. HEPLER
2451
E><pi'~ar/'io'l lJc,J'c.'~ /...3.yD7
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December 11,2006
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Appointment of Administrator Pro Tem
RECOMMENDATION:
It is recommended the City Council appoint Police Chief Scott Russell as
Administrator Pro Tern for the period of December 13 through December 23,
2006 and Finance Director Ben Gillespie as Administrator Pro Tem for the period
of December 24, 2006 through January 1, 2007.
BACKGROUND:
City personnel policy "caps" the vacation leave an employee can accumulate
at two times (2x) total annual accrual. Employees accrue between 10 and 25
days of vacation per year, depending on length of service. Leave
accumulations may exceed the cap during the year, but must be spent down
to the cap by December 31st each year. Represented employees forfeit any
accumulated leave that remains in excess of the cap on December 31 st. Non-
represented employees receive cash compensation for up to 40 hours in excess
of the cap; any remaining balance in excess of the cap after compensated
hours have been reduced from such an employee's vacation account are
forfeited. Departments do not budget for year-end vacation payouts;
managers are required to schedule vacation time for themselves or their
employees to assure leave caps are not exceeded.
DISCUSSION:
I accrue 15 days of vacation per year, and may accrue a maximum of 30 days
vacation in my leave account. Including 10 hours that will accrue for
December, I will have an accrued total of just over 40 days of vacation leave on
December 31 st if I do not use vacation in the meantime. Like other City budgets,
the City Administrator's budget does not include funds for year-end vacation
payouts. For consistency with the policy applied to other city departments,
Agenda Item Review:
City Administrator _
City Attorney _
Finance
87
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Mayor and City Council
December 11, 2006
Page 2
.
.
departments, employees in my office who would otherwise exceed vacation
leave accruals are required to use excess vacation so it is not forfeited. To use
my excess vacation time, I will be out of the office from December 13, 2006
through January 1, 2007. This is a good time to use vacation leave, as business
slows during this period because so many in other agencies and in the private
sector are also taking time off.
Pursuant to Section 21 (e) of the City Charter, the City Council appoints an
administrator pro tem when the Administrator is absent from the City. The Pro
Tem Administrator shall possess the powers and duties of the Administrator, but
may not appoint or remove a City officer or employee except with approval of
the majority of the Council. Because of holiday vacation schedules this year, it is
necessary to appoint two individuals to pro-tem duty. Police Chief Russell and
Finance Director Gillespie have agreed to assume these responsibilities, Chief
Russell for the period between December 13 and December 23 2006, and Mr.
Gillespie from December 24 2006 through January 1, 2007. As you are aware
Chief Russell has acted ably in this capacity in the past. Mr. Gillespie has not
acted in this capacity before, but has the necessary skills to act as Administrator
Pro Tem. Both gentlemen will be briefed fully on pending matters before I leave,
and will be able to reach me if need arises.
FINANCIAL IMP ACT:
There is no financial impact associated with the recommended action.
88
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December 11. 2006
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Cancellation of December 25,2006 Meeting
RECOMMENDATION:
It is recommended the City Council cancel the December 25, 2006 meeting.
BACKGROUND:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council meets twice monthly, or more often, to conduct
City business. The Council occasionally cancels a meeting, due to holiday
schedules or lack of business.
DISCUSSION:
December 25th is a City holiday. Because your second meeting in December
falls on the holiday, it is recommended your Council cancel that meeting. This
action is consistent with the Council's past practice of canceling meetings that
fall on holidays, and meetings that would otherwise be held on the fourth
Monday in December.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City A Horney
Financ
89
....
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December 11, 2006
VVoodburnlndependent
650 N. 151 Street
VVoodbum, OR 97071
(503) 981-3441
To the Editor,
The city appears to be in an "urban renewal mode". This time do the people of
VV oodburn decide what is best, through their many design processes, or do we elect
Mr.Serres and his family to decide? Can the City ofVVoodburn adopt a comprehensive
plan with a perimeter plan around it similar to that adapted when the District of Columbia
was founded by our forefathers many years ago and has been adopted by practically
every city in the world since then, or are we blocked?
In your editorial in the Wednesday, Nov 29th, 2006 edition I found your position of
being on both sides of Measure 37 at the same time. Does the city have the right to plan
or must we resort to the haphazard designs that have been used in the past? .
When I called City Planning to get information for this letter, I was referred to Diane
Rolph at the Marion County Planning Division. I was told the 23 million dollar amount
mentioned in the article referred to the total value of the 400 acres at the present time
compared to the value when the property was purchased. When I asked if a church use
was still being considered for the center parcel, I was told that Mr. Serres was present and
that he would be better able to answer that question. VVhen I asked him about church use,
he said,"the use of the property would be up to the members of the Serres family."
I was rather surprised at that answer and wondered, "what future use of property?" and
"what might be selected?" I notice in the paper, there is a demand for gambling joints in
similar areas, certainly not so in this, with the Serres family the zoning use continues for
many generations.
Are the people of Woodburn ready to surrender their planning rights that has taken so
many years to acquire or are we surrendering it to an individual or a group of people?
That is the question.
In this case, can we satisfy both positions?
Keith C. Woollen, Retired Architect
950 N. Cascade Drive
Woodburn, Oregon 97071
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