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Agenda - 5/29/2007 CITY OF WOODBURN CITY COUNCIL AGENDA MAY 29, 2007 -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. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The hearing for the 2007-08 Urban Renewal Budget will be held on June 11, 2007 at 6:45 p.m. B. The hearing for the 2007-08 City Budget will be held on June 11, 2007 at 7:00 p.m, Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 5. COMMITTEE REPORTS A. Chamber of Commerce 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. "Hd(lrL1 interpretes i'Jispouibles Ih1Yi1 iT<jHell(TS persol1iTs LjUe no bablan In~Jlesl prev10 awe roo. COHlt1l1ji/uese clllS03) 98o-248S:' May 29, 2007 Council Agenda Page i 8. 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 minutes of May 14, 2007, regular and 1 exec utive session Recommended Action: Approve the minutes. B. Woodburn Recreation and Park Board draft minutes of May 8, 6 2007 Recommended Action: Accept the draft minutes. C. Woodburn Planning Commission minutes of May 10, 2007 9 Recommended Action: Accept the minutes. D. Community Services Department Statistics - April 2007 23 Recommended Action: Receive the report. E. Police Department Statistics - April 2007 24 Recommended Action: Receive the report. F. Update of Marion County and City of Woodburn Emergency 30 Operations Plans Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill 2665 - Ordinance amending Ordinance 2415 (the 32 Building Code Ordinance) to include the enactment of certain fire sprinkler provisions contained in the Oregon Structural Specialty Code and declaring an emergency Recommended Action: Adopt the ordinance. May 29, 2007 Council Agenda Page ii B. Contract Award, Storm Sewer Rehab, Garfield to West Hayes 44 and Settlemier Avenue Recommended Action: Award the construction contract to the lowest responsible bidder, Kerr Contractors, Inc. for the rehabilitation of the existing storm sewer between Garfield and Hayes and two culverts crossing Settlemier Avenue in the amount of $90,130. C. Contract Award, OR 214: Woodburn Sidewalks Phase 2 48 Recommended Action: Conditionally award the construction contract, subject to the Oregon Department of Transportation approval, to the lowest responsible bidder, Gelco Construction, for the installation of Highway 214 Sidewalks - Phase 2 in the amount of $325,301.50. 12. NEW BUSINESS 13. 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. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. 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 pursuant to ORS 192.660 (1) (f). 17. ADJOURNMENT May 29, 2007 Council Agenda Page jii SA COt.:NCIL ~IEETING l\UNUTES ~Iay 14, 2007 T,\PE READI:\G ()UOl DATE. COU~CIL CHA~BERS, CITY HALL, CITY OF WOODBURN, COU~TY OF :\1ARIO:'ol, STATE OF OREGO~, MAY 14,2007. CO:"lVE~ED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. om 0 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present (7:01 pm) Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Community Services Director Row, Community Development Director Allen, Police Chief Russell, Finance Director Gillespie, City Recorder Tennant U047 ANNOUNCEMENTS. A) Primary Election - May 15,2007: Woodburn City Hall is a designated ballot drop site for \1arion County during regular business hours of 7:30 am until 5 :30 pm. The City Hall lobby will remain open on Election Day until 8:00 p.m.. B) ~orth Front Street Park playground replacement design forum will he held on ~lay [-;"11. 6:()() p,m.. at the "\lorth Front Street park. Chlldrcn and parents are invited to attend the forum and participate in the design of the playground, C) Budget Hearing on City and Vrban Renewal Budgets for fiscal year 2007-08 will he held on May 19,2007, 8:30 a.m., in the City Hall Council Chambers. D) Public Meeting to discuss the Aquatic Center Expansion and the Community Cultural C-:nter projects will be held on ~lay 22,2007 from 6:00 pm until 9:00 pm in the Community Room at the police facility located at 1060 Mt. Hood AVl:nue. E) City offices and the Lihrary \vill be closed on \londay, \1ay 2S, 20CO. in obsenancc \It'the \kmorial Day holiday. The Aquatic C.:nkr will be open from 1 :00 pm to --+:00 pm, F) City Council :\Ieeting scheduled for \.lay 28. 2007 \\ ill be held on Tuesday. \.Iay 29. 21)\1~. i:I)() p.m, uut.? to the \.kmorial Day holiday (rescheduled date pending Council Jctil.ll1 1)11 Jgcllua item 11 E), III )()2 ~RO("L.\:'JAnO~: BLDDY POPPY \VEEK - "lAY 25 - 3 J, 2007. \ b) I)l" Fig!....:, prncLllllh:d thc \\ cck ,)C \LIY 25-~ 1. 2( Hr:, ,IS Buddy 1\)]1PJ \\'CCK \\ ithin thc ( Il> ,llld elh:ulll",I~eJ l"esldclltS ;d ."ipP(ll"t \ ..:kr~iIlS ,1I1d their Llll1ili..:s thrnugh rh\.." plil'ch,I'iC \ ,I ikdd:, i)\,pp:cs P.lg..: 1 - ('UllCCi! \kding MillUks. ~1ay 1--+. 2()Ui 1 COU~CIL ~IEETING :\1INUTES :\'lay 14, 2007 L\PE READL~G () 119 PRESE:'>lT A TIO:'>l: 100 YEARS OF LIBRARY SERVICE. Community Services Director Row stated that last month the Oregon Library Association (OlA) pn;sented a Certificate to the City at their annual conference recognizing the City for 100 years of library service to our community. He stated that the Library was first opened in 1905 and operated by an independent organization and the City's recognition of 100 years of service in 2005 was based on the number of years a Library was in operation within the City. The recognition from the OLA is for 100 years of service as a public library, 0165 CHAl\oIBER OF COMMERCE REPORT. Bob Pascalar, Chamber Treasurer and Board Member, reported that May and June 2007 are their annual membership drive months in which their Ambassador group actively solicits new members. This year they have a Latino group that is also getting involved and becoming a sub-committee for the membership drive. The Chamber is proud to be back downtown and are working on new ideas which includes downtown revitalization, He also invited the public to the Chamber Open House on Thursday, May 31,2007, from 4:00 pm until 7:00 pm. He also mentioned that the Chamber had a successful Fan Tour in which a number of businesses and governmental groups get together for a familiarization tour. Individuals brought in for this tour were from the Portland Oregon Yisitors Association (POY A) and representatives from Oregon Travel (State Tourism Agency). The tour encompassed the :--.rorth ~brion County area and tour participants were impressed with the locations visited, They also expressed their willingness to encourage tourists to visit our community and the surrounding area. ()2S8 'VOODBURc~ SCHOOL DISTRICT REPORT. \Valt Blomberg, School Superintendent, stated that High School Graduation will be held on June '"";'Ih with over 250 seniors graduating this year. This year's graduation ceremony will be for all four P) schools on that date since those students have been together all but this last year. ~ext year each school will hold their own graduation ceremony, On May 22'1, the second Parent Family Partnerships Advisory Council will meet to finali/e the phns regarding their rok: in the di.c.trict. He also reported that the School District has haLmccJ th.:ir budget and they Jr( \\aiting 1'01' l'unding allocations Cro1l1 the State \\ hich may be r.:ached within the next t\\ l) \\ct:ks. Ltstl), he :-,tatcd that each of the I11IJdk schools have been working on providing a more ~at\;r and inviting environment and, over the last three years, thcy have seen a dramatic dccreasc in student misbehavior. Each school takes a different approach and, as an c\.1111pk, i,,-, dislnhut(d a cop: or a graph sho\\ing the number of rd'crrals for Y(<lr ':~lch _ ,-'.\1' ~Il'd lh..: -;IL1L'gy [,\\\'(11 in ,:.rdcr t,) reduce discipline rekrrals. Th( district is '. cry pr,)ud ,l' ill": ~lL'C(1111pli-;hm\.:nls made hy illc ',\udcnts in this area, l),,~e .2 - (\lunci! \'kdin~ \linlltcs, \b) 14, 21l()7 2 COU~CIL \IEETING :\HNUTES "lay 14, 2007 rAPE READI~G 0390 CO~SE='iT AGE:'olDA. A) approve regular and executive session Council minutes of April 23,2007; B) accept the draft Planning Commission minutes of April 12, 2007; C) accept the draft Wastewater Rate Review Committee minutes of April 24, 2007; D) receive the Planning Project Tracking Sheet report dated May 10,2007; E) receive the Building Activity report for April 2007; and F) receive the Claims report for April 2007, In regards to the Council minutes of April 23, 2007, ~1ayor Figley stated that she had mentioned that Councilor McCallum was not in ath:ndance due to illness, howevt:r, she was in error and he had heen on vacation. BJELLAND/MCCALLUM ... adopt the Consent Agenda as presented with the correction, The motion passed unanimously. 0440 COUNCIL BILL NO. 2663 - ORDINANCE REI,A TING TO Il\olPROVEMENTS OF TOUT STREET BETWEEN SETTLEMIER AVENUE AND SOUTH FRONT STREET. ADOPTING A LOCAL IMPROVEMENT DISTRICT. DIRECTING CONTRACT AWARD. AND PROVIDING FOR COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT. Councilor Sifuentez introduced Council Bill No. 2663. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for tinal passage, the bill passed unanimously. Mayor Figley declared Council 8ill ~o, 2663 duly passed, (14 ~S COl'~CIL BILL NO. 2664 - ORDINANCE A~IENDING ORDINANCE 2057 (TRANSIENT OCCl.:PANCY T\X ORDINANCE) AND SETTI:~G AN EFFECTI'\'E DATE. Council Bill No. 2664 \-vas introduced by Councilor Sifuentez. The two readings of the bill were rcad by title only since there were no objections from the Council. On roll call \otc t\.)r tinal passage, the hill passed unanimously, \{ayor Figley declared Council Rill \0. 2()(}.f duly passcJ, 1)"'1) l.IQLOR LlCE:\SE CHA;\iGE OF O,,":\ERSHIP - RL'IORS BAR .\:\0 GRILL. ,'27 ~. P.$'IFIC' HIGH"",' V. Staff rL'(Ol11In~nd~d that a Chal1g~ uf 0\\ n~rship I iljuor lie~nsc application (Full On- Premise Sales license) submitted by liTO Inc. be fonvarded to OLCC with a favorabk ,.ccullll11ci1dation :'r$111 the (\)LllKi l. B.JELL.\~L),LO~ERG.\~... i'C(\)!1111h.:nd to the On:g\)ll Lll\U\)r Contm[ (\)l11missil)n tn ~prn)\ C:1 L:,~m~c 'Jf 1)\\ l1L'J'sbip :lPphatiul1 tl)r (jlD [nc.. I~Jr RUl11or's F~ar and Cjrill. 011 1"\)11 eill \\)'~, !\1c :nl)ti'il1 p~l)Sed )-1 '.\ llb Councilor ,\ichLlls \l)til1~ 11.1]. h::e.; -l'I\LlI1CIl \lccting \lil1utcs, :\lay l4, 2()1)':' 3 COU~CIL YIEETI~G ylINUTES :\'lay 14, 2007 TAPE READING (5)0 RENEWAL OF CONTRACTS FOR At:DITS OF THE CITY OF \VOODBURN'S OPERATIONS AND THE WOODBt:R"l URBAN RENEWAL AGENCY'S OPERA TIONS. Staff recommended that Council approve a two-year extension of the audit contracts with Boldt, Carlisle, and Smith for audit years ending June 30, 2007 and June 30,2008. BJELLAND/NICHOLS...authorizc the Mayor to sign the attached contracts. The motion passed unanimously. 0560 MAY 28.2007 COUNCIL MEETING. BJELLAND/MCCALLUM... move the May 28,2007 Council meeting to May 29, 2007, The motion passed unanimously. 0580 MAYOR AND COUNCIL REPORTS. Council McCallum mentioned that he had graduated from elementary school about 50 years ago, however, during that same year, Councilor Cox was admitted to the Oregon State Bar. He stated that Councilor Cox was recently honored with being a 50-year member. He congratulated him for this accomplishment. 0603 EXECUTIVE SESSION. \hyor Figley entertained a motion to adjourn to executive session under ORS 1<)2.660 (l)(e). ~ICHOLS/SIFUENTEZ... adJoul1l to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The CJuncil adjourned to executive session at 7:22 p.m, and reconvened at 7:30 p.m.. I \i) 1 n \hyor Figley stated that no decisions were mack by the Coullcil while in executive SeSSion. 111)1 S .\DJOlR~'IE~T. :VICC.\Llt::\IIS1Fl'E~TEZ ". Il1cding be adjournl:d, The motion passed unanimously, The Illl:ding adjolll11l:d at -:':31 pm.. .\PPRO\'ED_____ K,\ TfIRY:\ FICLEY, \1:\ YOR \ 1 : FSI \ LlJ'\ Llil1ant. Recorder (. '.: <'t'\\'lkldbun1, Orc::;ol1 :),I;:C -+ - ('OUlh;i\ \kdillg \linu[(s, \Iay I-J., :2(){); 4 Executive Session COL~CIL MEETING :\-lINUTES May 14, 2007 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBU~'1, COUNTY OF 'lARIO~, STATE OF OREGON, :\-1 A Y 14, 2007. C()~VE:\ED. The Council met in executive session at 7:25 p,m, with Mayor Figley presiJing, ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Press Present: John Gervais, Woodburn Independent :vlayor Figley reminded the Councilors, staff, and press that information discussed in executive se'ision is not to be discussed with the public, The executive session was called pursuant ORS 192.660(1(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions, \DJOl'R..'i'IE~T . [he executive session adjourned at 7:29 p,m" ,\PPROVED KATHRYN FIGLEY, \1A YOR \ I I LS I \1ary TL'IlIUm, R.:cnrd.:r ('ity \If W()oJhurn, Oregon i't:;,-, 1 - [\'Cell!\ L' ')-:~slun. Cn~lIH.:i1 \kding \linutl.::s, \1ay ]..l, 2()\J7 5 Minutes Woodburn Recreation and Parks Board Tuesday, May 8, 2007 7:00 p,m, 8B 1. Call to Order The meeting and was called to order at 7:00 pm. DRAFT 2. Roll Call Board Chair Board Secretary Member Member Member Member Member Bruce Thomas Rosetta Wangerin Vacant Joseph Nicoletti Judy Wesemann Eric Yaillen Vacant Present Present Vacant Present Present Present Vacant Staff present: Jim Row, Community Services Director; Steve Patterson, Recreation Services Manager; Debbie Wadliegh, Aquatics Manager, Paulette Zastoupil, A,A. Kevin Munroe, Woodburn Dog Club 3. Approval of Minutes from Aprill 0, 2007. Rosetta Wangerin/Judy Wesemann Motion to accept the minutes with a correction in item # 5. The motion passed unanimously. 4. Business from the Audience Kevin Munroe spoke of a newly formed Woodburn Dog Club that is interested in an off-lease dog park. He shared a flyer that is being distributed throughout the city and reported that support signature sheets were placed at various businesses because he understands that community involvement is needed to make it successful. His vision is to have a fenced area at Centennial Park with a grassy center, perimeter walking path where dogs are allowed to play, exercise and socialize, and a covered storage shed with a picnic table area. He stated that according to the Marion County Sheriffs office there are 3500 registered dogs in Woodburn. He shared that the dog club will be designed to train and license volunteers to help maintain the dog park once it was operational. 5. Review Plans for Aquatic Center Expansion and Community Cultural Center Jim presented the Board with conceptual designs of both buildings that will be presented at the May 22, 2007 public meeting. He explained that the public would have the opportunity to preview the designs from 6:00 - 6:30 p.m" and then the formal meeting would start at 6:30, giving each project one hour of discussion and then a question and answer period. The Board viewed and discussed the conceptual plans. The Board agreed that realistically because of the cost, the Community Cultural Center would not be built for a decade, so the current Aquatic Center addition needs to be built in a manner that meets all current recreational facility needs. Page 1 6 Minutes Woodburn Recreation and Parks Board Tuesday, May 8, 2007 7:00 p.m, 6. Burlingham Park Playground Restoration Fundraising Bruce reported that all the funding was in place for the North Front Street Playground build on September 8, 2007, but funding was needed for the restoration of Burlingham Park Playground next year. Jim reported that he had checked with the City attorney and that it is possible to conduct a raffle and not be in violation of any State or local laws. He stated that the summer in the Park Music series would be a good place to sell the raffle tickets in support of the playground restoration project. 7. Business from the Department Recreation - Steve Patterson Steve reported that a grant through National Police Activities League opened the teen program at the Legion Park "Spot" last week. Summer programs; Summer Day Camp for ages kindergarten through 8th grade, softball, soccer, football, cheerleading, skateboard, basketball, dance and tennis camps, tennis lessons and tournament were starting. He stated that performers and entertainers were still needed for programming at the Downtown Plaza this summer. He reported that Mayor Figley was confirming commitments from people to serve on the Woodburn Foundation Board, and that when the first meeting is announced, a Park Board member would be appointed as an ex-officio board member. A partnership with Mid-Valley Youth Baseball was being considered in support of joint grant opportunities that would help finish the final phase at Centennial Park. Steve shared that the Board was invited to attend the North Front Street Park neighborhood meeting on Thursday, May 17 at 6:00 p.m. This is a meeting where the children and parents get to help design the new playground which will be built on Saturday, September 8,2007 from 8:00 a.m. - 3:00 p,m, Aquatics - Debbie Wadleigh Debbie shared a Swimming Lesson flyer detailing the lessons offered for the summer. The Board was given a car sticker promoting the month of Mayas Aquatic Month, and reminded the board of the "Stay on Top of It" event on May 12, 2007 starting at noon, This event will teach water safety in all bodies of water including lake, rivers and streams, and participants will be invited back for a free swim from 1 :00 - 5:00 p,m. She reported that a Water Polo Camp, and a FishinglWater Safety Camp was being planned for the summer. Parks and Facilities - Jim Row Jim reported that a new software registration program had been installed at the Aquatic Center. The new system has a Point of Sale and the On-line Registration component that will be implemented over the next couple of months, He shared that the Fourth of July committee was in the process of planning the holiday activities at Centennial Park, Jim shared that three applications had been submitted to Mayor Figley for the at-large Park Board position, and that they plan to contact the high school this spring so a student would be appointed to begin in September. Jim reported that the Skate Park Slow Skate sign had been posted that would give the younger skaters their own designated time. He stated that the next budget meeting would be May 19th and then the 2007-2008 budget would be given to the City Page 2 7 Minutes Woodburn Recreation and Parks Board Tuesday, May 8, 2007 7:00 p,m. Council for final approval in June. Jim stated he would soon begin working on a Request for Proposals to hire consultants to update the Park and Recreation Comprehensive Master Plan in the new fiscal year. 8. Future Board Business None 9. Board Comments Joseph Nicoletti suggested we send a representative to the City of Hubbard's greenway planning meeting. He also stated that a list of the expected recreational activities in each of the planned rooms in the conceptual plans would be helpful. He also thought the Board should support a Dog Park. Eric Yallien took this opportunity to thank Don Judson and Russ Baglien for holding a golf garage sale that raised $700.00 and was instrumental in securing a grant for $5000.00 for the W A YGA. He also agreed to support a Dog Park. Bruce Thomas commented that the tennis courts and the parks were being heavily used already this season. Rosetta Wangerin commented that the Mill Creek Greenway fundraising brochure looked great, Judy Wesemann would like to see plants and trees posted in the greenway paths for education and historical purposes. 10, Adjournment 8:55 p.m. Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Page 3 8 8e WOODBURN PLANNING COMMISSION MEETING MINUTES May 10, 2007 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. Chairperson Lima questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with any of the applicants or with regard to the project in question. If such a potential conflict exists, he asked whether the commissioner in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the case, Chairperson Lima announced: agenda is available at the back of the room. We will consider cases one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearing procedure board. All persons wishing to speak are requested to come to the podium and give their name and address. Any individuals speaking from other than the podium will not be recognized. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings p P A P P P P Staff Present: Jim Allen - Community Development Director Breah Pike-Salas - Associate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Plannina Commission Meetina Minutes of April 12. 2007. Vice-_Chairperson Bandelow moved to accept the minutes. Commissioner Griqorieff seconded the motion, which unanimously carried, BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS A. Woodburn City Council Meeting Minutes of March 26, 2007. No comments made, Planning Commission Meeting May 10. 2007 Page 1 of 14 9 PUBLIC HEARING A. Design Review 06-05 Exception 07-01; Mt. Hood Professional Center; Mt. Hood & Progress Way The applicant requests a design review approval to construct a 50,000 square foot multi- tenant office and ambulatory health services structure in the Commercial General (CG) zone, and Exception to Street and Right of Way Improvements approval to the boundary street improvement requirement for Progress Way. Chairperson Lima asked if any Planning Commission member had a conflict, exparte, or challenge. Vice-Chairperson Bandelow stated that the applicant is a client of hers in another project. She recused herself from the hearing. Staff Report: Associate Planner Pike-Salas read the applicable ORS. The applicant is requesting a Design Review approval to construct a 50,000 sq. ft. office center with 40,000 sq. ft. dedicated to general office use and 10,000 sq. ft. dedicated for ambulatory health services in the Commercial General (CG) zone. An exception to street and right of way improvements are requested to the boundary street improvement requirement for Progress. Currently, Progress Way is designated as a service collector in the Woodburn Transportation System Plan (TSP) requiring a 72' right of way, 48' improved surface and 6' planter strips and a 5' sidewalk on both sides. The existing right of way is 90' in width, the street width is approximately 40' providing no sidewalks on either side, The applicant is proposing to leave the improved street surface of 40' curb to curb and install a curb-side sidewalk on the east side of Progress Way adjacent to the subject site connecting with the sidewalk located on Mt. Hood Ave. On May 7, 2007, staff met with the applicant to discuss the staff report and the conditions of approval. As a result of the meeting the following corrections to the staff report have been made. Reference page (1) the development to the east of the subject site is not Woodburn Commons, but Wellsprings Medical Center. Reference page (5) the applicant is proposing a 6' architectural wall along the rear property line not a T wall. Reference page (7) the building entrance is located under the covered drive-thru area. The east and west entrances for purpose of emergency exits only and not entrances to the building, Reference page (11) Table 3.1.3 discusses loading areas, This section was updated from three (3) loading spaces to two (2)' loading spaces and reflects in the Conditions of Approval. Reference page (11) Findings state the four (4) Americans with Disabilities Act (ADA) parking spaces and is corrected to state the required six (6) ADA parking spaces, P!:J('ning Commission Meeting May 10, 2007 Page 2 of 14 10 Reference page (12) the bumper guards and wheel barriers. The finding states that all parking onsite shall have bumper guards and wheel barriers. This condition is being updated to state all parking spaces pursuant to WOO Section 3.105.02.H.3. The spaces that may potentially cause damage to structures or projecting over walkways, access ways or abutting property or rights of way require the bumper guards and wheel barriers. Condition 1 O.a was updated to reflect the bumper guard and wheel barrier requirements. Other areas discussed during the meeting were building facades and lack of projections. Staff noted on the site plan that the building did not reflect having projections. The request is to submit a site plan showing the building having projections as stated in the meeting. Weather protection for pedestrians, the site plan did not reflect awnings or canopies over the sidewalks or the entranceways. Compact parking is proposed to one area of the property site. Staff is suggesting that the applicant disperse 10% along the north, south, and west sides to accommodate for all parking vehicles. She completed her staff report and presentation and was available for questions. Chairperson Lima invited the applicant to the podium. John Baker, 884 Hazelnut Dr., Woodburn, Oregon 97071, applicant. The application was submitted in the summer of 2006. With pending purchase of the property by a neighboring property owner, the application was placed on hold. As the situation did not progress, the application was then re-opened for the proposed project. Baker stated that the inspiration was from the need for office space use with a Class A Professional Office Building, which would offer larger uses. RSS Architects was commissioned to design the building. One of the parameters of the site configuration is a drive-way from Mt. Hood Avenue. He envisioned a building that would have a drive-thru where traffic and pedestrians would be directed to a protected area, due to the weather, The design was ideal for the type of application, Items that resulted from the meeting and addressed in the staff report and conditions of approval, were relevant and met the requirements. The parking structure requires 154 spaces and the proposed is 184 spaces. The parking minimum requirement is met, therefore, the compact parking spaces is not required. There is a shared-parking and access agreement with the Wellsprings Medical Center for overflow parking, CQmmissioner Jennings asked Mr. Baker about the open access on the north end, BakE:lI stated that the north area is a no-build zone for fire protection and also the west side next to the Wellsprings Medical Center is no-build zone with a zero lot line arrangement. The agreement was to have a reciprocal easement with no negative impact. Planning Commission Meeting May 10, 2007 11 Page 3 of 14 Baker was open for questions from the Planning Commission. Chairperson Lima asked when the project would commence construction once approved. He also inquired about health facilities spaces, Baker stated that the proposed date would be Summer 2007 and have tenants move in immediately after the project is done. The health facilities were an idea, but with Wellsprings Medical Center having the services. the focus is now for professional services such as attorneys, mortgage brokers, and financial advisors. Randy Saunders, RSS Architecture, 2225 Country Club Rd., Woodburn, OR 97071. This will be a Professional Class "A" Office building at approximately 50,000 sq. ft. (Shown on displays.) He indicated that the display reflects a footprint of the first floor and the outline of the second floor. There is an offset to avoid the "box" like look. There is a 3- dimensional effect of the building. The perspective rendering shown in the elevation along the roof line there is a break in the articulation and fac;ade. The windows are also offset with an overhang. The site plan reflects the only main entrance to the building via the drive-thru. A condition of approval item references covered sidewalks. This would not be in character with the nature of the building. Saunders was available for questions from the Planning Commission. Chairperson lima asked the Planning Commission for additional questions to the applicant. Baker stated that he wanted to address the additional Conditions of Approval. Item #7 - References the amount of compact spaces not exceeding 30 spaces. The site plans shows 184 parking spaces and staff reports states no less than 154 parking spaces. Being that the current parking spaces exceed the required amount, therefore the condition of approval should not be included, Item #8 - This site access agreement is in place with Webster V, LLC for cross- connection easement. This currently exists and should be removed from the Conditions of Approval. The condition of approval references the joint use parking for other uses such as loading spaces. The site plan does not include the joint-use parking to meet the requirement. This condition does not apply. Item #9a - This references the parking spaces requiring bumper guards or wheel barriers, which would be required in some spaces and not all. Item #9b - Requires three (3) loading spaces, but has been corrected to read two (2) loading spaces. Item #9i - The item references the building fa<;:ades and requesting to be removed due to a "should" instead of "shall", With the building architectural style, it would be appropriate. Item #12 - Multi-plane textures and guidelines. The building incorporates roofline elevations, rnultiple offsets and projections, The building's main entry points are under the walk-thru. Eiaker stated that he felt the criteria was met for those guidelines. Planning Commission Meeting May 10, 2007 12 Page 4 of 14 Canopies and covered walkways are not required for this type of building. Being that it will be an office building, and the projections may impede the amount of sunlight entering the space for the inhabitants. This item can be removed. It is in conjunction with item #9i. Chairperson Lima invited proponents of the application, None. Chairperson Lima invited opponents of the application. None. Chairperson Lima closed the hearing for discussion amongst the Planning Commission members. No further testimony can be admitted. Commissioner Vancil stated that he wanted to hear the recommendations by staff in regards to the Conditions of Approval. Associate Planner Pike-Salas stated that item #7, regarding the proposed compact parking spaces, staff is suggesting 10% dispersing of compact cars throughout the north, west and south parking areas adjacent to office center. This will make effective use of parking because compact cars, which can park in standard sized stalls, may inside standard sized cars from parking on the subject site. The project does meet the required minimum parking spaces and the Condition of Approval can be modified, Community Development Director Allen stated that the 30 parking spaces is the maximum required space that can be compact spaces. The ordinance limits the amount of compact spaces otherwise a developer could change all parking to compact parking. The other portion of the recommendation was to disperse the compact parking evenly throughout the parking lot. The ordinance code states that maximum 20% can be compact parking and staff recommendation is to disperse the spaces throughout the lot. The applicant can meet the requirement by having no compact parking. Associate Planner Pike-Salas stated that item #8, the proof of the cross connection easement, has been met except for the new site plan showing a pedestrian connection to the east for access to the joint use parking areas, Without a pedestrian crossing between the two buildings, a safe pedestrian connection is not available. Staff recommends maintaining this portion of the condition. Associa~PL~rJner Pike-Salas stated that item #9i, regarding the sidewalks on the north and south building fa~ades adjacent to the building shall provide the awning, arcade or canopy, this is left to the discretion of the Planning Commission. If being removed then modifications and findings need to be made to justify the removal and not have it as a requirement. Community Development Director Allen stated that this item was a result of the site plan footprint that did not have an explanation as to how it complied with the criteria, Now that the additional information has been brought forth, it is now clear that it is not a "box" like shape building, If this item is being eliminated then it should be discussed further to modify the condition to meet the criteria, Coroml~~i9Jl~er _'{<incjl stated that with modifications and recommendations from staff for this project, he was in support of the proposal. With regard to the awning, arcade or canopy, the site n:eets the requirement. The pedestrian connectivity between the facilities needs to be more (::efined. Planning Commission Meeting May 10, 2007 13 Page 5 of 14 Community Development Director Allen stated that the pedestrian connectivity is a result of the shared-parking between the buildings, The primary parking lot for Wellspring Medical Center is to the southeast of the Mt. Hood Professional Center and has a total of 338 parking spaces. The shared agreement is in regard to the joint parking spaces. Staff is recommending a sidewalk from the Wellsprings Medical Center to the Mt. Hood Professional Center for a pedestrian access point. Commissioner Hutchison stated that if both buildings had shared business, then the shared parking would increase. Commissioner Jennings stated he was in favor of removing items #7, #8, #9i and #12. Community Development Director Allen stated that item #7 is a standard with the WDO. Similar WDO standards specify the minimum even if an application is exceeding the minimum. Commissioner Vancil stated that it made sense to retain as historical record purposes. Commissioner Hutchison stated that he was in agreement to removing 3 of the 4 items requested. Commissioner Grigorieff stated that removing item #8 presented an issue. Parking in one area and having to walk over landscaping from one building to the next will make it unsafe. She was in support of condition of approval #8 having a cross connection between the two buildings. Commissioner Vancil inquired of the location of the sidewalk that would connect the two buildings for the pedestrian walkway, Community Development Director Allen stated the probable location would be from where the sidewalk ends (west side) at the Wellspring Medical Center connects East for about 20 feet through two parking spaces and onto the west sidewalk of the Mt. Hood Professional Center. CQJDlllissioner Jenning~ made a motion to remove Conditions of Approval items #8, #9i and #12 from Design Review 06-05, Exception 07-01, seconded by Commissioner Vancil, motion did not pass with a vote of 3 nays and 2 ayes, ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings N y N N Y CQiIJl1Jis~Qn~r)~noings made a motion to remove Conditions of Approval items #9i and #12, s0cunded by ~QJDmi~~i9~J~r Yan_GlI, motion passed unanimously. PI mning Commission Meeting May 10, 2007 Page 6 of 14 14 ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings y y y y y Commissioner Jennings requested further explanation of Condition of Approval item #8 with regards to cross connection easement. Community Development Director Allen explained that item #8 is referencing the cross connection easement between the properties. The second element of the cross connection is the pedestrian sidewalk. Chairperson Lima asked on the amount of parking spaces would be eliminated to accommodate the pedestrian sidewalk and length of the sidewalk. Community Development Director Allen stated the amount could vary depending on how the connection is made, The amount of spaces could be between zero and two. Striping the travel path, the approximately length of sidewalk would be about 44 feet, which includes some that is in the parking lot. Commissioner JenninQs made a motion to accept Design Review 06-05 and Exception 07-01 with modifications to the Conditions of Approval, seconded by Commissioner Vancil, motion passed unanimously. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings y y y y y ViCSl-Ctlgirp~rson BanQSlt()vy rejoined the Planning Commission for the second hearing. 8, Legislative Amendment 07-01 A legislative amendment to consider text changes to the Woodburn Development Ordinance. Staff Report: CommJ,Jnlty_OevilI9QDl?nLQirect9~A~n stated that this is the amendment to the \Noodburn Development Ordinance (WOO). This is a review of the WOO to maintain current and new state and/or federal laws and rules, case precedents, scrivener errors, Planning Commission Meeting May 10, 2007 15 Page 7 of 14 interpretations, or other changes in circumstances. The City Council adopted The City Council adopted Resolution Number 1745 that directed a review of a list of topics within the WOO, The WOO was amended by Ordinance Number 2383 on March 14, 2005 for many topics that were identified in Resolution Number 1745. The relevant approval criteria are outlined in the staff report. Included in the staff report are findings in support a recommendation to City Council to adopt the text amendments to the WOO. There has been a significant amount of notification. The result has been phone calls with inquiries and comments, submitted correspondence (included in packet), and in-office conversations, The process includes sending notification to the Oregon Department of Land Conservation and Development. which is required by WOO and State law, when there is an amendment to the ordinance. The Planning Commission work session occurred on April 12, 2007, The notice was published in the Woodburn Independent Newspaper prior to the public hearing. There was a mailing notice sent out to property owners in Commercial Office (CO) zone due to a proposed change that reduces one use currently allowed in the CO zone. Measure 56 requires notification to property owners for a re-zone of authorized uses. Having the removal of video and disc rentals in the CO zone and inserting in the Commercial General (CG) zone requires that we send notification. After the Planning Commission work session, the Planning Commission requested that notification be sent to Mall owners for responses regarding the joint-use parking. That resulted in two letters included in the packet. Attachment "A" has the text changes and Attachment "B" (11 x17 sheet) is the background document with the topics, Proposed Policy Change #1 (NAICS reference change proposed) This references bars and taverns allowed in the Downtown Development and Conservation (DOC) zone, The focus group evaluated and concluded to retain the use in that zone, Staff recommendation is to retain that language and continue to allow as a conditional use. The text correction would be the North American Industrial Classification System (NAICS) code number, Proposed Policy Change #2 Provide parking requirement and designate in which zones a video rental business is allowed, The use in the WOO and listed in the NAteS (532) under the CO zone as rental and leasing without an outdoor display or storage. The focus group and staff are recommending that a provision be added to the section stating: rental and leasing without outdoor display or storage, and add: except video and disc rental. Add this use to the CG zone and to Table 3.1.2 Off Street Parking Ratio Standards, Proposed Policy Change #3 Review the parking requirements for a movie theatre, and is the current requirement too high for peak and off-peak parking, This might help a property owner who may want establish a movie theatre and will help with joint parking spaces, CommissiQn~r H1JJQ.D~QD. inquired about testimony from a property owner in regards to parking a~uirement spaces and designating a large lot instead of allowing shared off-peak parking. .D/3nning Commission Meeting May 10, 2007 Page 8 of 14 16 Community Development Director Allen stated that he had not seen a proposal by a property owner with regard to type and size of a movie theatre. Community Development Director Allen stated that explaining the joint-use parking proposed for the WOO would give a better understanding. General provisions for off-street parking and loading, Section 3.105,02.1.2, staff is recommending striking the first sentence, (page 2, attachment A). New language is being recommended, which replaces the existing text (as shown as struck through). The new language is for consideration through a design review and the accounted shared parking, Additionally, 20% is for the shared parking and the second 20% would be for uses needing the parking not at the same time. An additional 10% is for transit service route and related uses, Staff recommends retaining the existing concept for zoning adjustment, Type II land use permit. Vice-Chairperson Bandelow asked when an application is submitted, is notification required for a zoning adjustment, when requesting the joint parking during off-peak hours. Community Development Director Allen stated that an applicant would require that only if the applicant needed to and chose to share parking, and if their justification is beyond the allowed 20% and want to use up to 50% of the shared parking. The notification would be as a result of exceeding the allowed 20% standard of shared parking and doing alternate peak hour use. The change is created so that the existing parking spaces can be used for multiple uses. Determining when are peak and off-peak hours is going to be to the discretion of staff, and staff will need to work with the applicant. Section 3.105,02.1.3, includes new language that requires land use decision and notification and allow the public to voice in support or opposition of the use. Section 3.105,02.1.4, includes the night-time uses list. Section 3.105.02.1.5, sets parameters for the joint-use parking spaces that may be allowed for specific criteria (page 2 and 3 of attachment A, items a-d). Part of the expansion process will include adequate parking without overburdening the surrounding properties. The joint use parking spaces should be located within 400' from a building or use. An agreement will need to be submitted for review by the City Attorney. After the agreement is approved then it needs to be recorded before issuing a building permit. Proposed Policy Change #4 Community Development Director Allen states the purpose is to clarify the industries of finance and insurance and recommendation from the focus group and staff is to retain the provision that will only allow check cashing and pawn shops in the CG zone as a conditional use, The change is a scrivener error with Section 2,1 06.01,H.1 and removing the extra' and", Proposed Policy Change #5 Off Street Parking and Loading C~mmunityQElv_eI9~m~nLQlrector_~/Ien stated that the policy is relevant, when the use does not fit in a specific parking category, The parking table only lists a small amount of uses As a result, a proposed concept for a review of that purpose. which additionally includes all the other uses based on the WOO zoning and classification by NAtCS, (page 3-8, attachment A). This list includes the video and disc rental from the CO zone to the Planning Commission Meeting May 10, 2007 Page 9 of 14 17 CG zone. This policy will also help those designing a project and can definitively see what is allowable. The parking requirement in the Southwest Industrial Reserve (SWIR) is a new section as a result of this new adoption to the WDO. Proposed Policy Change #6 Landscape Standards Community Development Director Allen stated that adding landscaping standards in the public/semi-public zone. This is a text addition to the listed zones. Proposed Policy Change #7 Conservation of Significant Trees Community Development Director Allen stated that Section 3.106.04 is addressing the significant tree applicability, limitations on tree removal, replacement requirements, and a mitigation fee in lieu of a new tree. Road construction and removal of significant trees are two separate issues. The Planning Commission should be prepared to support or not support construction on streets that would affect the significant trees. Some suggestions would be to have a curb, sidewalk and a planter strip behind the sidewalk. The existing ordinance allows for removal of 3 or less significant trees in zones RS, R1 S or P/SP on a property that is less than 112 acre in area within any calendar year without a permit. If a property owner takes a significant tree down, the provisions require a replant with two other trees. The current provisions and the proposed provisions do not prohibit the removal of a significant tree, There are no provisions for denial. The Planning Commission can remove a proposed policy that will not receive a recommendation. The Planning Commission had discussion and scenarios on how this policy affects the different zoning areas. The Planning Commission members wanted to know more about the options for prohibiting the removal of a significant tree. Commissioner Vancil stated that before recommendation to City Council, staff should do more research, Proposed Policy Change #8 Partition and Subdivision Standards Community Development Dire_Gto] Allen stated that Section 3,108,01.8,6, (page 9, attachment A). Adding a buffer wall requirement for a single-family subdivision where lots have frontage on a non-local street, which is a street that is a collector or arterial. The provision would be added to the partition and subdivision standards. Proposed Policy Change #9 Temporary Marketing and Special Events Commlilll!Y.-Development Director Allen stated that addressing the clarification of storage and display, Under this provision the proposal is to eliminate the provisions under permitted uses under Section 2.203,19 (page 9, attachment A). The purpose is based on discussion that 'Nas conducted in the last session by removing \vhich :s neither accessory to a primary; permanent use of the subject property nor marketed by employees of that permanent use." ,Cllan.'1ing Commission Meeting May 10, 2007 18 Page 10 of 14 We are not differentiating between property owner using the permit for marketing a project, or whether or not an independent person is using the property for marketing. The exclusions of a temporary outdoor marketing makes more sense because the seasonal sales is a seasonal issue, There was discussion amongst the Planning Commission in regards to terminology used for the 'Uses Permitted' (Section 2.203.19.A). Community Development Director Allen stated that it was a valid determination and was open for suggestions from the Planning Commission members. He asked if the terminology should read to "limit" the uses or "not limit" the uses. Temporary Outdoor Marketing and special events as shown on attachment B, is allowed in the Commercial General, the Downtown Development And Conservation, the Nodal Neighborhood Commercial and the Public Zone. It was concluded by the Planning Commission members; the terminology for Section 2,203.19.A should read as follows: "Uses Permitted are:" Community Development Director Allen moved forward to Section 2.203.19. F, (page 10, attachment A) which is addressing signs compliance with Section 3.110. For clarification includes provisions for temporary signs contained in 3.110.13. This will advise the public on having a temporary marketing outdoor and special event and obtaining a free temporary sign permit. Section 2,203.19.1, (page 10, attachment A) addressed the location and size of the temporary outdoor marketing and special event. This is limited to an outdoor area of no more than 5% of the square foot gross floor area of the buildings on the property and no less than 200 square feet. Submitted in the packet is correspondence from the Woodburn Company Stores representative. Teri Sunderland, General Manager, Woodburn Company Stores, 4763 SE Lotus Rd" Milwaukie, Oregon, She had discussion with the previous general manager in regard to this part of the ordinance. With the many events the Company Stores holds each year, 10% of sfgfa would be more suitable to accommodate the main events, There was discussion amongst the Planning Commission members on the percentage that would accommodate not only the Company Stores, but also all other malls or complexes in the City, Commissioner Vancil asked staff if there is a process for exceptions to this provision dependent upon the special event. Community Development Director Allen stated an option could be having an averaged out percentage for multi-tenants. Vice-Chqjrperson Bandelpw commented on developing a standard for size based on site or complex. C9mJ~J}iti QeveloQrrL~nLDirector 6)len stated that having a 10% is allowable for a complex or for individual business and complying with the right of ways, Planning Commission Meeting May 10, 2007 Page 11 of 14 19 Proposed Policy Change #10 Facilities During Construction Community Development Director Allen stated that this provision focuses on the Uses Permitted for facilities during construction and adding portable toilets as a part of the temporary uses. This will prohibit the use unless a project is under construction. The Planning Commission members concurred to the provision. Proposed Policy Change #11 Grading Permit The policy change in Section 5,1 01.03,B, (page 15, attachment A) addresses the Grading Permit only when it is required. The actions that trigger a grading permit would be specified as listed (1-5) is in conjunction with the Public Works Department review of the proposal. The grading will need to be permitted in accordance with the WDO, even if the project moves forward or not. Proposed Policy Change #12 Concurrency - deferred for future consideration. Proposed Policy Change #13 "Big Box Store" Vacancy and Establishing Limitations on Businesses The Planning Commission recommendation is to adopt the WOO as is with no proposed policy change. Proposed Policy Change #14 Design Review for Type I, II & III Applications Communitv Development Director Allen stated this proposed policy in Section 5.101, (page 15-17, attachment A) is to address when a Design Review for a Type I, II or III applications would be triggered, Type I Applications (Section 5,101,01) - the proposed change would be to add the Medium Density Residential Buildings (RM) to the existing list. Type II Applications (Section 5.101.02) - the proposed change would be for all new structures less than 1000 sfgfa in the listed residential, commercial and public zones (page 16, attachment A) and all new structures or additions less than 2000 sfgfa in the listed industrial zones (page 16, attachment A). Type III Applications (Section 5.101,03) - the proposed change would be for all new structures more than 1000 sfgfa in the listed zones (page 17, attachment A) and all new structures or additions more than 2000 sfgfa in the listed zones (page 16, attachment A), Proposed Policy Change #15 Application Requirements for Type II, III Applications, Development Guidelines and Standards and Boundary Street Standards COfl1munJ!j'.JJ~y~IOflmt3Dl DirE2~tor Allen stated this proposed policy change Section 5.103.12 (Type III Application) is addressing the Exception to Street Right of Way and Improvement Requirements, The change would clarify a requirement for the street and rght of Nay to meet the functional classification of the street identified in the ;'Ianning Commission Meeting May 10, 2007 20 Page 12 of 14 Transportation System Plan (TSP) in conjunction with a development proposal that is a Type III application. With a Type II Application, the policy removes the requirement that the applicant have the analysis prepared by an engineer. As a result of the Period Review remand order, and compliance with minimum fire safety standards, the Boundary Street Standards policy would be changed from the existing 12 foot to 1 O-foot wide travel lanes with no variance. Proposed Policy Change #16 Wrought Iron Fencing Deferred for future consideration, Proposed Clarification #1 This clarification addresses the verbiage on the parking pad in front of a garage from 20 feet width "maximum" to read "minimum". Proposed Text Change #1 This text change would remove "commercial" from the zones where Mobile Food Services can operate, Proposed Text Change #2 Community Development Director Allen informed that this is a cross reference text change for an accessory use. Vice-Chairperson Bandelow made a motion to recommend Legislative Amendment 2007-01 to City Council, seconded by Commissioner Jennings, which passed unanimously, ITEMS FOR ACTION None, DISCUSSION ITEMS Commissioner Vancil commented that he would like to see another Work Session similar to the one last year presented by City Attorney, Bob Shields, Community Development Director Allen stated that he had commented to the City Attorney and the Transportation Manager about providing a work session for the Planning Commission and he would keep the members abreast of the available dates, R~EQRIS A. Planning Tracking Sheet. No comments made. B. Budding Activity for February 2007 and March 2007. No comments made, Planning Commission Meeting May 10, 2007 Page 13 of 14 21 BUSINESS FROM THE COMMISSION There were comments from the Planning Commission members in regards to road construction on Hwy 214,1-5 and Progress Way, Commissioner Hutchison inquired about the 1-5 and overpass Hwy 214 improvements. Vice-Chairperson Bandelow asked about a state highway becoming City owned. Community Development Director Allen replied that he would research that information. ADJOURNMENT Commissioner Jennings moved to adjourn the meeting, Vice-Chairperson Bandelow seconded the motion, which unanimously carried. Meeting adjourned at 10:57 pm. ATTEST ~~ CLAUDIO LIMA, CHAIRPERSON (/~ ' (fl~{7 ^ ;I,J.-.,. L .~'- iJim Allen Community Development Director City of Woodburn, Oregon OS-;&Y/D?- Date APPROVED ~--.l/j -c 1 Date Planning Commission Meeting May 10, 2007 22 Page 14 of 14 COMMUNITY SERVICES DEPARTMENT STATISTICS 8D April 2007 Recreation Services Division Apr. 2007 Apr. 2006 2007 YTD 2006 YTD Revenue: $3,739 $1,876 $73,047 $59,045 Expenditures: $21,964 $27,285 $318,764 $358,023 Proaram Attendance: Youth Services: 3,263 4,655 Youth Programs: 202 464 Adult Services: 0 0 Special Events: 0 0 Other/Mise: 0 0 TOT AL: 3,303 5,119* 30,788 31,287** Aquatics Division Apr. 2007 Apr. 2006 2007 YTD 2006 YTD Revenue: $16,900 $24,517 $164,054 $163,977 Expenditures: $41 ,721 $41,266 $439,048 $433,433 Lesson Enrollment: Group: 95 114 785 1,140 Adults: 0 0 3 5 Private: 0 9 10 28 4th Grade: 0 0 412 358 Attendance: 3,994 4,553 40,862 45,296 Library Division Apr. 07 Aor.2006 2007 YTD 2006 YTD Revenue: 1 ,454 $14,578 $65,455 $75,045 Librarv Attendance: 17,807 17,184 193,942 193,685 Librarv Circulation: 9,784 9,596 113,187 119,659 Adult Proaram Count: 1 2 14 17 Adult Attendance: 25 494 6,308 6,234 Youth Service Proaram Count: 34 29 346 308 Youth Service Attendance: 1,075 1,808 7,071 10,052 Database Usage: 738 790 5,742 8,255 Adult Computer Usaae: 4,629 3,273 49,336 30,157 Youth Services Computer Usaae: 829 866 9,737 11,261 New Adds: 391 495 4,747 5,555 Volunteer Hours Worked: 237 102 1,699 2,358 * 5,119 is the total of Youth Services and Youth Programs combined ~* Program attendance data is not available from July 2005 - September 2005 23 K~.~:'1-:-;'''-~:cot'~~..J~ . ~~ WQ.QJ2BURN f II ( .J r p .' , r1 r r d f <~ <'f '! 8E ~~ . . May 29, 2007 TO: Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Police Department Statistics - April 2007 RECOMMENDATION: 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 Department's Records Management System. The previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None. City Administrat ;. Agenda Item Review: City Attorney_ -'".., ) Finance f_j.!)/ 24 1\', :I,! ' ,/,' \ / ~~r '. I j IT '1' [II . ~ I , ' ,','i 1 ,'f\ 1 r : .di: HnJ";;', ;,1,' ;G:,/\V;>l 'j! ...\-',; ;,~ .' A;~IMA;. !:;;;-;T!:A!:\' t.... /\,L",AL' ',U''';.'I ;', blif-,l-;IJ,hY r~;.J~,;Lr,-,' [" :kl;~ ,Ai, y u'Il!L:.. ','1;';;,' i('J",:" r . ';~ \ ;! ;\~, 'I' : ~'! r ('l!IjT; ~~:':-~~~("i ': : r '.}}.; ) 1 Ui\t~i ' Ct"I:"il' IJAr-1i\\,j!: t: .,/t....~;,,'1\1.[C'!\1 (';- :',:. 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SEXI'AL ASSAULT "lITH AN OR.meT RECEIVING,BUYING,POSSESSING tiTCYt '],1' f,IIIL[lINl; ('urN OJ' ~1ACHINE J:.i-<jM XO'i'O~ VEHICI}-. ~:OTc;, V,'ilI('LE PARTS/ACCE.';"(;liIR.'o L: i\: ~ n:n A,'R ~,AR IJ C u () IJ 0 0 0 0 cJ n (I 0 G 33 u .17 0 0 0 0 .J 0 0 u n 0 l.~ l,j ;.0 .J4 (J U 0 0 0 0 u 0 0 0 0 0 0 0 0 (1 J 0 0 4 0 ) u 0 0 (, 0 0 J (, 0 0 0 u 0 (1 0 0 0 0 0 0 1 0 1 (J J 0 0 0 1 (1 0 0 1 1 1 0 0 2 0 j 0 0 0 0 J 0 2 ? 0 a 0 0 0 0 0 0 0 0 ] 0 0 1 2 0 ,a 0 0 0 u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 I 0 3 5 (1 0 (1 0 0 1 I 0 0 2 0 2 0 0 2 0 0 0 0 0 1 0 1 0 2 0 0 0 0 j,i.."j-;' i/: L'AGE f'LF,H'-J() SC~)T'fkU '...L , 'M' i,Itf ruT J\L \ 11A:.,;t. I,' I~ :! I I' lHE< "I! lllE I r 11 ". 1 i. Ht,l' 1 1: ir.:- r-; :- i~^'j l 'Il I'll!-::' j' ~,I!' :'1 I I. l' lRAFi:. ~', r'l-.:J)Inl\:~', J',', TFAi-'I';'l VI(" 1\'1'1, '1:--, 1 r.: I'p'- i)l-\.'-)~ ., o o 2.1 1 146 41 9 VAN.IAL] ~';.~ '~'Edl('l.r' "1'l'()'.",,1'. l~.'t< (J"ltlri;' t",/;E,'~: 'Y WARhA~.T ARl-ii',:, i' : ,~.r\ OUR. !~GF,NCY 8 ','J f--' f\.! ,r ~; ('1\1-:;, f . ~r .. i<i\ T ., i. ..;r-;i\t O:J Wi.Alu:J :r.x t'.~j C:-\ r~J P:'::'~l'".',ll'j cilll,' ,., ~'IFl\r()U f,";!--;i',-, : I.LI..C!d, 1 o o 'iJri--..lC':: : II 'd 1:. :': l'j,,;;IIB~'irf-' ..\~,'F,\ ~o.J 1 I,I f1.." to" ';-" P!-': IC':: It;,; ;..i.H:J;..:-Jl/' 891 1006 6"6 N \0 ~4 WQ.ODBURN 1 II .: ..' r I' ,-' ~ oj I c' ,/ :} ~ " SF A~'~ . . May 29, 2007 TO: FROM: Mayor and City Council through City Administrator Scott D. Russell, Chief of Police "j/ SUBJECT: Uodate of Marion County and City of Woodburn Emeraency Ooerations Plans RECOMMENDATION: Information Only BACKGROUND: The City of Woodburn Emergency Operations Plan (EOP) was drafted in the 1980s and has undergone major revision several times since then. With the inception of the US Department of Homeland Security (DHS) and the National Incident Management System (NIMS) after 9-11-01, federally mandated emergency management processes for local government have been in a constant state of change. These rapid changes in requirements have caused most local governmental agencies to rush to keep up. One area that has taken particular effort has been the management and constant rewrite of the Emergency Operations Plan (EOP). The plan must do many things to be successful. It must integrate with the County emergency Plan, the State plan, it must be compliant with the Federal NIMS plan and the new NRP (National Response Plan), and with all this it must still be simple enough for the lowest level employee who is first on scene in an emergency to pick it up and at a minimum begin to respond to the emergency until they are relieved. Failure of the local EOP to pass DHS requirements also jeopardizes grant funding provided by the DHS or its subordinate agencies. Staff has been involved in working on an a "new" updated EOP for over a year, utilizing practicum assistants, however this requires tremendous oversight and progress has been slow, ~,1 I Agenda Item Review: City Administrator ~," / ) Finance \ '~'1 , 30 Mayor and City Council May 29, 2007 Page 2 . . DISCUSSION: In conjunction with Marion County Emergency Services the City of Woodburn has obtained a DHS grant to utilize the assistance of a nationally recognized emergency management planning firm, Ecology and Environment, Inc., to help redraft our local Emergency Operations Plan. The contractor will also be publishing the new Marion County EOP and plans for five other cities within the county. The end products will be integrated with each other, will be NIMS and NRP compliant, and will have simple easy to understand action steps for the most common local emergencies in a format that any staff member can implement. As you can imagine this is a large undertaking and will take substantial coordination with local shareholders and City of Woodburn Emergency Management. The Woodburn Police Department is committed to carrying out this project as part of our annual goals and objectives to increase the emergency management capacity of the Woodburn community. In fact this project is already underway and the contractor is scheduled to complete the project by July 2008. As drafts of the plan become available over the next year staff will provide them for Council comment. Keeping up with rapidly evolving federal standards while still maintaining real time readiness are the twin challenges of emergency management, staff is committed to fulfilling our mission in both of these areas. FINANCIAL IMPACT: Contractor service is funded through Marion County as part of a Homeland Security Grant. Funding for staff time to participate in this program is currently addressed in the FY 2007-2008 Police Department Budget. 31 ";~t;___~:~~:~. ~.4... ~r~ WQ.Q.~!ltJ~N .lJ/6~_ A ~ 11A r~~ r~ i II " c' , jJ ~l '1 t r'/ 1.~:J 'I . . May 29, 2007 FROM: Honorable Mayor and City Council through City Administrator Steve Krieg, Building Official ~ TO: SUBJECT: Ordinance Amendment Adopting Fire Sprinkler Requirements of Oregon Structural Specialty Code RECOMMENDATION: Adopt the attached ordinance amendment enacting the fire sprinkler requirements contained in the Oregon structural Specialty Code. BACKGROUND AND DISCUSSION: In December 2006, the City Council passed Ordinance 2415 (Attachment "A"), which updated all state building code requirements applicable in Woodburn. Effective April 1, 2007, the State of Oregon modified the Oregon Structural Specialty Code to include Appendix AN109.4 (Attachment "B") concerning fire sprinkler requirements, Fire sprinkler requirements are already contained in the Oregon Residential Specialty Code, which was adopted by the City. Because the State recently added the separate fire sprinkler provisions to the Oregon structural Specialty Code, the City needs to adopt these provisions so that it is clear that the fire sprinkling requirements apply to structures under both codes. The Woodburn Fire District Fire Marshal concurs in staff's recommendation to enact the fire sprinkler requirements. Since the state also renumbered all of the optional Oregon Structural Specialty Code provisions, the ordinance amendment includes the previously adopted provisions, with the new section numbers. Because the state code was adopted April 1, 2007 and it is important to the City tnat the sprinkler requirements are in force, staff requests that the City Council :nclude an emergency clause in the ordinance amendment. FINANCIAL IMPACT: ~ ~ .:) n e . ':'\j1:;f',da Item ;'ev:t:w: // \; I) C't Ad . . t t ~ I Y miniS fa or~ . ' .'. I I 1 City Attorney I :', f J I') . /t'1 Finance' " f 32 COUNCIL BILL NO. 2650 .'\l'TACHMENT ~ "'>age _...L_ of_ ORDINANCE NO. 2415 AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY 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. 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 Adooted. The following codes, standards and c ~:8S are adopted and are by this reference incorporated herein and shall be in f:xce and effect within the corporate boundaries of the City of Woodburn: J'J..;;e .: - CCl.;\JCL B:LL. i'JO. 2650 OKD,i',Ai'JCE i"-iO. 2415 33 '~,t I ~\..orU'I1r::I~ I ~ i dql:. J-:. \Jt -...-- 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 : 80 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. ihe Oregon Residential Specialty Code, as adopted by the State of Jregon, inclLding the following administrative and automatic fire sprinkler ~ i s~em ::XOV,SiO ns: 1, Section 105.3,2 (Time limit of application). "An application for ..: cermit fer ony proposed work shall be deemed to have been abandoned 180 JOYS after tne date of fil;ng, unless such application has been pursued in good :'J::-.;e 2 - C00NC:l aLL NO, 2650 ORDiNANCE 0<0, 2415 34 ~:~:c)~:~r~ 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. ~equirements), Sections AN 1 09.4.2 through AN 1 09.4.3 (Fire sprinkler system 3, Section AN 109.4.3 (Definition: Substantially altered or damaged). "The 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. Oregon, The Oregon Plumbing Specialty Code as adopted by the State of E. The Electrical Safety Law as contained in ORS 479.510 to 479.995. F, Oregon; The Oregon Fire Code Amendments, as adopted by the State of 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 Oepartment shall be under the administrative and operational control of the bl,)ilding official, The building official shall have the power to render written and <:Jal interpretations of tr.e code and to adopt and enforce administrative p~ocedures in order to clarify the application of its provisions. Such I~.terpretations, rules, and regulations shall be in conformance with the intent Jnd purpose of the code, The building official is authorized to enforce all the AOliSions .:)t Te :::::-de. ='Q;j8 J- CGJ~Ci~ 3iLL i'jO. ~650 :)RDii';ANCE NO. 2415 35 · rTACHMENT a H13 4.- of ....;} Section 4. Rlaht 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. Authoritv 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 cccupant of the building. structure or premises in writing of such disconnection 'rnmediately thereafter. Section 7. Connection After Order to Disconnect. Persons shall not make .-:onneciions from an energy, fuel or power supply nor supply energy or fuel to cny equipment regulated by the code which has been disconnected or crdered to be disconnected by the building official. or the use of which has ,)een ordered to be discontinued by the building official, until the building : ": .:::>:.::! cutr.lJ(zes th'3 reconrect;rg and use of Such equipment. 'age 4- CC~i'<C:::L a LL ~O. 2650 ORDNA0JCE NO. 2,n 5 36 ;:~:C~~~~T~ ~ 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 nterpretation 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 'l/riting to the customer within 15 days. 2, Formal appeals of the building official shall be forwarded to 7he 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 olong with any supporting information, (ORS 455.690) ~ ~;e -5 - <-='::L.>~'= L 2, I~_ ~~<J. ? h h,' '- v...J..J ORDiNAi'JCE :--.0, 2415 37 ,~TTACIiMENT_t ; ,'''",qo ~, .)f ".~ 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. Appeals 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. Suspension/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. Inspections. 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 ,'lis agent, Section 13. Fees. A. Fees for permits, inspections, plan checks, site plan review, copy :::osts, and such other fees that the City Council deems reasonable in order to : .:;r<n'ster tr's Ydir,orce shoji be set by ordinance or resolution. ':;.J~e 6 - "':::::::;l;t'-,CIL3L_ :~C, 265C CR D:f'~Ai"~CE ;'1C. 2415 38 ~ ~~~;:C~ME~r_7__ 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. Savinas 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 :draction 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 :.:onst!tutes a separate vioiation. G. ~'ichvithsTanding the other re~edies in this chapter, if the building .:;":cial dete:T(';'nes that any building under construction, mechanical work, .J J98 7 - COU~"c.~ BILL NO. 2650 ORDi~ANCE NO. 2415 39 ATTACl1filENT I I Page _ _...__ .)1 ...3..- 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 Approved as to form: '~:rh'l"""/ City Attorney Passed by the Council December II. 2006 Submitted to the Mayor December 13, 2006 Approved by the Mayor December 13, 2006 Filed in the Office of the Recorder December 13, 2006 ATTEST: ~--Jge 3 - i~<)I.J~'tC!L 01L~ >.\-J. r""" " O:Ju o R CII'.A~lCE i~C, 415 40 SECTION AN108 (RESERVED) SECTION AN109 FIRE PROTECTION SYSTEMS ,':'Ii 109.1 General. Fire department acce'is. fire-fighting water ,>uppl). ~nu fife hydrants fm ,tructures regulateu by this appen- dix. "hall oc io,>talkd as ,pecitied in the Oregon Fire Code, ,\:'Ii 109.2 Fire sprinkler systems. An automatic ,>prink\cr '>ys- tem "hall be io,>talled throughout all buildings designeu ,md ~lln,>tructed to the provi'iions of Sel:tion A~ 103,2,2, Exception: Automatic ,prinkler systems are not required in nuildings de,>igned and cllOstrw.:h:d to the provisions of Sec- tilln A~ 103.2.3, .\~ 109.2.1 Installation requirements. Automatic sprin- kler systems shall be installed in accordance with the stan- dards listed in Chapter 43 and the following: I, Quick-response and residential sprinklers. Where automatic sprinkler systems are required. quick-response or residential automatic sprinklers shall be installed in the dwelling units, ., Water supplies. Potable water supplies shall be pro- tected against hacktlow in accordance with the rCl.\uirements of the Oregon P/runbin/? Specialty Cude and the standards referenced in Oregon Residential Specialty Code. Chapter 43. }, Common domestidfire mains. A single common water <;upply main shall be permitted to service both the domestic use and fire sprinklers. Domestic ,kmand shall be included as part of the uverall system .kmand for "J"tems with common domestic/fire l\lains when: no pro"i,>iuns Jre made to rrevent the dome"tic water t1~lW upon ,prinkler s)i,>tem adiva- lion. ~. Hose threads. Fir..: hu"..: thr..:ads u.;-:d to pr0"1 ide con- nediun with .lutGmatic '>prinkkr ,yst.:ms shall be .lppnncd ;md (oll1patibk with fire department hose i hrea~1s. \ I II i \ \ , (-'ire department connections. Th~ lO4..:Jtinn of the tire department (unnectilln ,hall be appTl1\ed by the .,L.,h~mty ha\ Iflg JUfI"J1CtlOO, h, Sprinkler s),>tem monitoring LInd alarms. ,\il '. .t:-.":'> (t'l~ll',)llins ,he '.\.I(o.:r ~l,prl~ :'"r ~l.t'''11Ut\C .....,~riL~I~r ,:~'t":I~:"'" .~Ui:1p~. t..n~:-.. '.\~lt~r 1....:\....:1.... clnd ',-i:if'-.:r.ltjr(~. '_I"i~.ll .tir l','..:"urc,> .,,1J .....ll\:r-t1t)\.. .,',\Ih.:h..:'-) \)n ,\'1 ....i...r;dk~.....r ": ...,t~ili", -..,....:r'.ll1:; 21) \,;r li~\ fc ',,-,.]d,,, ~h,\11 he ,:',ectric,\\\) 'up..:r\ i''-''l. \11 .IPI'rli'. -:,1 "l;GI:,k ~I'rinl-:a t1,m ,tl.lrrn ,lJ.tll j,e '1 "1\ ;Jl..:d \ 11 ' .~ ...:\t~n\ r ,'If ';-I~ ;,"~:ki\dil\:'; 11 ,~l'; t't"'i'l '.l_'d ! \.1 l.ti'{"l,1 l'd ,l~i,l;"<c "'~:l I.~:I..T ,.: ll.,. \'.. ..::' ,,'1..." \..\..d"~\i.t' ....h~dl....L' ;'.:-"', 1.,:,I'n ._ i .:~',-;,)! r '..,,-,~ :'\ '1..;'.) .:',d \~1..L :<:r:'~,d>~ \_':~- ... ...2.'. l', ,"\ \~ \_' ;..:,\ .'... t .~-..: ..~,., i;- ....i~ I'il',''': ,', .1..-1...11(- ,.,I,~:'" :', ,\,1,\,,\-2 712 ATTACHMENT 1/ Page J . ,__ ,Jf~. \ 7, Ualconies, decks and patios. Sprinkkr protel:tion "hal\ be pro'videu fur exh:riur haklmies. del:ks ano ground-tloOf patios serving dwelling unilS in build- ings regulated by this appendix .:hapter. Side\...all '>prinklers that are useo to protect such areas shall be permitted to be located sUl:h that their detlectors are within \ inch~2S mm) to6 inches \ 152 mm) bdow the ,tructural members. and a max.iOluOl distance of l~ inl:hes t356 mOl) below the deck ()f the e'(terior hakl)- nies that <.lre construcll.:d of open wood juist construc- tion. ( Exception: The sprinkler protection may be omit- ted if the bakony. lIed(, or patio is constructed of noncombustible materials and lhere are no \'Cnts or other upenings into enclosed softits or attics located directly over the balcony, deck or patio. ,\~109.3 Access roads and fire hydrants. See the Oregon Fire Code for distance requirements for access roads and tire hydrants. AN109. 4 Alternate fire sprinkler system requirements. The requirements of this section are adopted by the State of Oregon for optional use in municipalities. AN109.4.1 Local adoption. The provisions of Section AN \09.4.2 or AN 109.4.3 apply only when specitically adopted by the local authority having jurisdiction. AN 109.4.2 Group R-2 occupancies. An <.lutomatic sprin- kler system shan be installed throughout every apartment house. Exception: Automatic sprinkler systems are not required in apartment buildings that are one story in height and do not contain a basement or mezzanine. Such buildings shall not contain more than 16 dwelling units, A~ 109.4.2.1 Sprinkler heads. Residential or quick response automatic '>prinkler heads shaH he used within the dwelling units. .\:"oi 109.4.3 ,\lteration or damage of existing nonsprin- kled low-rise residential dwellings. Where subst<.lntial alterations are made or substantial damage occurs to ;in existing nonsprinkled building designed and constructed under the provisions of this appendix. an apprO\,eJ auto- matic 'prinkkr s)'t<.:m complying with ;-;FP'\ 130 shall be instalkJ \lnly in the alter..:d llr damaged dwelling units, \Vhen mon: thJn 50 percent of the d\\elling units \\ilhin a oui\Jing ar..: ,ub"tantially ,dt..:red \)r damaged. ,he (IHire hullJin~ ,hall he prn\ldcd '.\l\h ~ :\fP:\ \.;D "pnnkkr ":"- r..:m ' SECTION AN11 0 MEANS OF EGRESS ,\ '" llO.l (; enef;)\' h (1';' :"11 \.li 11:;, \ a I'. ,rt",n ;l~..:r":l; f, .h.d i !''': 1-[""\ .JLJ '\:i.C\...l \I..'.:....:~.... I'J ....:'~~~'..., ~i,'.,...,.p~~.,\1~ \ t.'j tl-,i" "~(L,,tl .~\.1 ....1I.....:1 !;~l.'r -'L'Lt;I'I>. ".... ,~t;l'I:L'.:h\: \ l :...:'...I~"I' t' ~:..:(.:""'"" I.... ..l\ "':\It ":.....;"":rl 'h~\t i}r~i\lI..k.., ~lL'I,H;n,lLll"'. ._d~\',,.......tr',ll.rl,.:d d.",d dl.dl ! ~lJlhl-.(_'d t.\~th ~lt ~\lt tr~l\cl irllln ~ln: ~'~""'!:pk'J L;l:l\~t in ,1 hUilJ, \ j-,~; \ '1" ,<r ~l'- '. 'ul"~ t\) ',\ r 1..1""1 h( ..\ ,l:. ,\ il~\..' ~ln" \) f Lt:.l'~'" ....: ....t""'i n lli~;,Y 2007 OREGON STRUCTURAL SPECIAL T'V CODE 41 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2415 (THE BUILDING CODE ORDINANCE) TO INCLUDE THE ENACTMENT OF CERTAIN FIRE SPRINKLER PROVISIONS CONTAINED IN THE OREGON STRUCTURAL SPECIALTY CODE AND DECLARING AN EMERGENCY. WHEREAS, the City Council adopted Ordinance 2415 (the Building Code Ordinance) on December 11, 2006: and WHEREAS, effective April 1, 2007, the State of Oregon modified the Oregon Structural Specialty Code to include Appendix AN 1 09.4 containing fire sprinkler requirements; and WHEREAS, for the protection of the public and based upon the recommendation of the Woodburn Building Official and the Woodburn Fire District Fire Marshal, the City Council wants to amend Ordinance 2415 to include the requirements of Appendix AN 1 09.4 NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 2A of Ordinance 2415 is amended to read as follows: 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 (Department Records). 4, Section 104.8 (Liability). 5. Section 104.9 (Approved materials and equipment). 6. Section 104.10 (Modifications). 7, Section 104.11 (Alternate materials, design and methods of =o,',s:-ru<::;:on Clr,d equiprI,ent), ~'Jj:Je 1 - ,=<Ji_.l:jl=!L BlLi.... :-~l:;. CRD,~~f\~,jCE ~~O. 42 8. Section 104.12 (Requests for rulings). 9, 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 demonstra ted." 1 O. AN 1 09.4 (Alternative fire sprinkler system requirements). Section 2. For purposes of AN 1 09.4.3 "substantial alteration" or "substantial damage" means that the 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. Section 3. This ordinance being necessary for the immediate preservation for the public peace, health, and safety so that the fire sprinkler requirements 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. / / 1/ /' <', V1 '1,..( ~ ' ..1 /1 0 , Approved as to form: OJ. r r/r ,.,,:) '. L tv i-- I I City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor F;!ed in the Office of the Recorder ATTEST: tv~ary Tennant City Recorder City of WoodbLJrn, Oregon ~ :1IJe '2 - ':.:::<=>v '~CIL. 3.:...L (~C:. C?D;i'jAi'~CE ~~O, 43 , ~~YV.-.,..... t(~ WOODBURN liB ~~ . !"~Jrl',Jr,rreJ '~!f" . May 29, 2007 TO: FROM: Honorable Mayor and City Council through City Administrator G. S. Tiwari, Public Works Director ~ Randy Scott, Senior Engineer Technicianti3', VIA: SUBJECT: Contract Award, Storm Sewer Rehab, Garfield to West Hayes and Settlemier Avenue RECOMMENDATION: It is recommended that City Council award the construction contract to the lowest responsible bidder, Kerr Contractors Inc. for the rehabilitation of the existing storm sewer between Garfield and Hayes and two culverts crossing Settlemier Avenue in the amount of $90,130. BACKGROUND: The contract is in conjunction with Project 2007-003-29. Bid No. 2007-08 to rehabilitate the existing storm sewer from Garfield to West Hayes Street and two culverts crossing Settlemier Avenue north of the Hayes Street intersection. Both projects are identified in the current Capital Improvement Program (CIP). Bids for the improvement were received and opened on April 4, 2007. Staff received three qualified bidders as listed below. 1, Kerr Contractors 2. Emery & Sons Construction 3. K & R Plumbing Const. Co. $103,220.00 $104,550.00 $121,300.00 Engineers Estimate $ 86,850 The bid amount is approximately 16% above the engineers estimate and 12% above the budgeted funds of $91,000 in the C1P, To reduce the cost, it was decided to enter into negotiations with the lowest responsive responsible bidder as allowed by ORS 279C,340, The rules f9r such negotiation ~r~ set forth in OAf Agenda Item Review: City Administrator ~ i' City Attorney 2) Finance !.Lt"" - ,~:/ 44 Mayor and City Council May 29,2007 Page 2 . . 137-049-0430. Because the apparent low bid exceeds the engineers estimate, Kerr Contractor was invited to participate in Value Engineering to identify clarifications, changes in materials, and all matters that had the potential of reducing contract cost. Kerr Contractors proposes to construct a modified project that differs in minor respects only from the one first bid. The changes that are presently agreed upon include a reduced size in pipe diameter for the pipe bursting of the storm sewer between Garfield and Hayes; and acceptable changes in method to the rehab of the two culverts crossing Settlemier Avenue. The project scope remains the same, modification have been limited to only three bid items. The total savings from Value Engineering is $13,090, for an agreed contract price of $90,130, 13 percent below Kerr's original bid. The recommended award amount of $90,130 is within 4% of the engineers estimate and 1 % of the budgeted funds in the CIP. DISCUSSION: The project rehabilitates three existing deteriorated storm sewers, one between Garfield Street and West Hayes, conveying flows from the smith addition area. The other two are deteriorated culverts crossing Settlemier Avenue north of West Hayes intersection. The Garfield/Haves proiect will repair, an existing deteriorated 18" diameter and a short length of 24" diameter storm sewer pipe using pipe-bursting method. The pipe will be replaced with an 18" diameter HDPE pipe providing superior flow without the possibility of pipe collapse in bad weather. The Settlemier proiect will repair two existing 18" diameter structurally unsound clay culverts that cross Settlemier just north of the Hayes Street/Settlemier intersection. The volume of storm water flow through the culverts has greatly been reduced due to modifications in the past, and the capacity of both culverts is not required. One culvert is currently not needed and it will be structurally repaired for safety and relined with conduit for other uses in the future, The other culvert will be structurally repaired and relined with a storm sewer pipe to convey the current storm water flow The negotiated contract amount is within the budget range, the project meets the flow and safety requirements, and it is in conformance with the regulation, therefore, the contract award in the negotiated bid amount of $90,130 has been recommended, 45 Mayor and City Council May 29, 2007 Page 3 . . FINANCIAL IMPACT: The project cost of $90,130 will be funded utilizing approved storm Sewer CIP budgeted funds. ATTACHMENTS: A: Vicinity map of Project. 46 f.!IaYO( and Ci\Y Council t-Ao'{ 7..9, 7..007 pOge 4 ArtAC\-\MEN1 .. A" cu\Ver\S crossing seH\em\er \ \ , --~_:..- 47 ~~~~ ..~ WOODBURN IIC ~(~ . f 'f ( J r l' lJ , ,r I t of I,~ $ 01 . May 29, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: G. S. Tiwari, Public Works Director ~ FROM: Randy Scott, Senior Engineer Technician (~ SUBJECT: Contract Award, OR 214: Woodburn Sidewalks Phase 2 RECOMMENDATION: It is recommended that City Council conditionally award the construction contract, subject to the Oregon Department of Transportation approval, to the lowest responsible bidder Gelco Construction for the installation of Highway 214 Sidewalks - Phase 2 in the amount of $325,301.50. BACKGROUND: The contract is in conjunction with Project 2007-001-38. Bid No. 2007-11 to install the Phase 2 Sidewalks on State Highway 214. The project is identified in the current Capital Improvement Program (CIP). In accordance with the intergovernmental agreement with Oregon Department on Transportation (ODOT), the award is subject to their approval of the low bidders proposal and costs, Bids for the improvement were received and opened on May 23, 2007. Staff received four qualified bidders as listed below. 1 , Gelco Construction 2. Kerr Contractors 3. Parker Northwest Paving 4. Banzer Construction $325,301.50 $389,493.25 $451,017.00 $491,980.00 Engineers Estimate $ 339,7 64.00 The Bid amount is approximately 4% below the engineers estimate. Agenda Item Review: City Administrator/" ->,,/ City Attorney I~ ') Finance L:i:)~7 48 Mayor and City Council May 29, 2007 Page 2 . . DISCUSSION: The city entered into the Intergovernmental agreement for Highway 214 Sidewalks - Phase 2 in February 2005. ODOT Bicycle - Pedestrian Grant and a matching local share, funds the project The Phase 2 project installs a seven-foot wide sidewalk on the north side of State Highway 214 and the northeast of side of the Front Street Ramp. The project starts at the Woodburn High School entrance on Highway 214, proceeds east to the Front Street Ramp, then to the northeast on Front Street Ramp, and finally ends on Front Street. The project also includes street widening to accommodate the sidewalk, drainage improvements, resurfacing on the Front Street Ramp and striping. The contract amount is within the budget range, and it is in conformance with the requirements of the IGA therefore the contract award is being recommended. FINANCIAL IMP ACT: The Project is funded by a ODOT Bicycle - Pedestrian Grant in the amount of $480,500 and city budgeted share of $25,000. ATTACHMENTS: A: Vicinity map of Project. 49 A11AC\1MfN1"A" END PROJECT sT!\.. "RW" 1159+10 M.P. 38.59 BEGIN PROJECT s1'l\. \lRW" 1148+48 M,p.38.38 ~ i;.;H~. ~' '" 50 \ N