Loading...
Agenda - 06/25/2007 CITY OF WOODBURN CITY COUNCIL AGENDA JUNE 25, 2007 - 7:00 P.M. KATHRYN FIGLEY, MAYOR W ALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II PETER MCCALLUM, COUNCiLOR WARD III JAMES COX, COUNCiLOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ELlDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMElHS Announcements: A. In observance of Independence Day, City Hall offices, the Library, and the Aquatic Center (recommended in item #8F) will be closed Wednesday, July 4, 2007. B. Independence Day Celebration - July 4th at Centennial Park starting at 4 p.m. with food and activities. Dance, Dance, Dance will perform at 5:45 p.m. and the Bill Coleman Americana Band will perform from 7-10 p.m. followed by fireworks at 10 p.m. C. Summer recreation and Library programs begin this week. Registration is still open for many great activities, including Swimming Lessons, Summer Reading Program, Summer Day Camp, Youth Sports, Skateboard Camps, Special Events, and much more. Registration and orogram information is available by calling or visiting the Library and/ or Aquatic Center. Appointments: None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Recreation and Parks Month 1 Presentations: None. "Hell"Ll iHterpYete\ Gi~uol1ibles p(lrLl dque[[as perS01"L1S que 110 b{lbl{ln Inglesj previo acueYGo, COIHuHiquese ,d \W:;) 9.s0-1..fb~'" June 25, 2007 Council Agenda Page; 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. 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 June 11, 2007 2 Recommended Action: Approve the minutes. B. Woodburn Recreation and Parks Board draft minutes of June 12, 10 2007 Recommended Action: Acce~t the draft minutes. C. Woodburn Planning Commission draft minutes of June 14, 2007 13 Recommended Action: Accept the draft minutes. D. Claims for May 2007 17 Recommended Action: Receive the report. E. Community Services Department Statistics for May 2007 22 Recommended Action: Receive the report. F. Aquatic Center Holiday Hours 23 Recommended Action: Receive the report. G. CARTS Bus Parking and Route Changes Recommended Action: Receive the report. 25 9. TABLED BUSINESS None. June 25, 2007 Council Agenda Page ii 10. PUBLIC HEARINGS A. Community Development Block Grant Application 26 Recommended Action: Conduct a public hearing, receive public comment, and direct staff to submit an application for a Community Development Block Grant. B. Legislative Amendment 07-01 (file LA 074-01); Woodburn 32 Development Ordinance (WDO) Recommended Action: Conduct a public hearing on LA 07-01 to consider text amendments to the Woodburn Development Ordinance. 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 2668 - Ordinance adopting a supplemental budget 52 for fiscal year 2006-2007 and declaring an emergency Recommended Action: Adopt the ordinance. B. Council Bill 2669 - Ordinance adopting a budget for fiscal year 55 2007 -08, making appropriations, levying taxes, and declaring an emergency Recommended Action: Adopt the ordinance. C. Council Bill 2670 - Ordinance amending Ordinance 2313 (the 65 Woodburn Development Ordinance) to make certain text revisions Recommended Action: Adopt the ordinance. D. Council Bill 2671 - Resolution declaring the City's election to 112 receive state revenues during fiscal year 2007-08 Recommended Action: Adopt the resolution. E. Council Bill 2672 - Resolution entering into Grant Agreement No. 114 24002 with the State of Oregon and authorizing the City Administrator to sign such agreement Recommended Action: Adopt the resolution. June 25, 2007 Council Agenda Page iii F. Council Bill 2673 - Resolution entering into an Intergovernmental 118 Agreement Contract Amendment with Chemeketa Community College for participation in the Chemeketa Cooperative Regional Library Service (CCRLS) and authorizing the Mayor and Library Manager to sign said agreement Recommended Action: Adopt the resolution. G. Liability, Auto, Property, and Workers' Compensation Insurance 122 for Fiscal Year 2007 -08 Recommended Action: Authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City Council Insurance Services (CIS) for fiscal year 2007-08. H. Amendment to Personal Services Agreement 127 Recommended Action: Authorize the City Administrator to execute the attached amendment to the Personal Services Agreement with W & H Pacific for consulting engineering services in connection with State Highway Phase Two Sidewalk Project. I. Trees in Right of Way Impacting Public and Private Infrastructure 150 Recommended Action: Accept staff's report and recommendations related to the street tree located at 924 Oregon Way; and prepare, for consideration at the Council's July 23, 2007 meeting, amendments to the existing tree ordinance. J. 2007-08 Tourism and Economic Development Grant Award 164 Recommended Action: Award 2007-08 Tourism and Economic Development Grant funds to the Woodburn Area Chamber of Commerce in an amount not-to-exceed $42,125 and authorize the City Administrator to execute a fee for services agreement with the Woodburn Area Chamber of Commerce. K. Appointment of Administrator Pro Tern 183 Recommended Action: Appoint Community Development Director Jim Allen as Administrator Pro Tem for the period of June 27 through 29, 2007. 12. NEW BUSINESS June 25, 2007 Council Agenda Pageiv 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. A. Planning Commission's Approval of Design Review 2007-04 184 Exception 2007-03 located at 400 S. Woodland Avenue 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 (2)(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). 17. ADJOURNMENT June 25, 2007 Council Agenda Page v PROClAMATION NATIONAL RECREATION AND PARKS MONTH 2007 4A WHEREAS, PUBLIC PARKS AND RECREATION SYSTEMS ARE DEDICATED TO ENHANCING THE QUALITY OF LIFE FOR MILLIONS OF RESIDENTS IN COMMUNmES AROUND THE WORLD THROUGH RECREATION PROGRAMMING, LEISURE ACTIVITIES, AND CONSERVATION EFFORTS; AND WHEREAS, A GOAL OF THE WOODBURN COMMUNrIY SERVICES DEPARTMENT IS TO BUILD A SENSE OF SPIRIT AND PRIDE IN OUR CULTIJR.AI.LY DIVERSE COMMUNITY BY PROVIDING QUALITY SERVICES THAT ENCOURAGE A HEALTHY LIFESlYLE AND IMPROVE THE SAFElY AND QUALTIY OF LIFE IN OUR COMMUNnYj AND WHEREAS, PARTICIPATING IN RECREATION PROVIDES OPPORTIJNmES FOR CHILDREN, YOUTH, ADULTS AND SENIORS TO HAVE LIFE-LONG FULFILLMENT, FOSTERS A SENSE OF COMMUNITY, AND BRIDGES CULTIJRESj AND WHEREAS, THROUGH THE MANY CONTRIBlTTIONS OF EMPLOYEES AND VOLUNTEERS IN PROVIDING RECREATION PROGRAMS, WE RECOGNIZE THAT THESE DEDICATED SUPPORTERS IMPLEMENT YOUTH ACTIVITIES AND ENSURE THAT PARKS AND RECREATION FACILmES ARE SAFE AND ACCESSIBLE PlACES FOR cmZENS TO ENJOY; AND WHEREAS, THE WOODBURN RECREATION AND PARK BOARD ARTICUIATES 1 HE NEEDS fOR RECREATION PROGRAM.5 AND PARK SPACES AND ADVOCATES FOR THE DEVELOPMENT OF PARKS AND OPEN SPACES IN THE COMMUNITY; NOW, THEREFORE, BE IT PROCLAIMED BY THE CTIY OF WOODBURN THAT JULY 2007 IS RECREATION AND PARl<S MONTH, AND, AS MAYOR, I AND ENCOURAGE ALL cmZENS OF THE CITY OF WOODBURN TO ENJOY OUR PARKS AND PARTICIPATE IN RECREATION PROGRAMS. IN WITNESS Wl:l.EREOF, I HAVE HEREU~O SET MY HA~'l'D AND CAUSED rHE SEA1,... OF THE Cny OF WOODBURN TO BE AFFIXED THIS 25'" DAY OF JUNE 2007. -- -(~: ~' - '.) ,/1.. / \ \ \: (J .. 7 '" / '\ -\ /~ / /' \( /,- , (' y , '. - .(;...... , / \,"'/ " ::: """1\ ~ '1 "'" < ' K~ATHRYN FIGLEY,) ivlAY<;{R , (/ \ / ': '; ~ f" >. '., {., ' CrIY OF \VOODBURN ) \ . , i ...', ~ " \ - , I , ., ~ ., I' , " , ... '\ ( , , ( . 1 .' ( { < I. } I,i, ./)" ( ( '(r , ( J f. (I n <;'\ : ; r ! 1 1 SA COL'NCIL :\'IEETING :\-UN{;TES J{;NE 11, 2007 TAPE READC\iG (lOOl DATE. COU~CII-, CHAMBERS, CITY HAI"L, CITY OF WOODBURN, COl.:NTY OF :.\-tARION, STATE OF OREGON, JUNE 11,2007. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. (lOIO ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols S i fuentez Present Present Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Finance Director Gillespie, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Allen, Police Chief Russell, Wastewater Superintendent Sinclair, City Recorder Tennant 0025 ANNOUNCEMENTS. A) Public Hearing: City COlmcil will hold a public hearing on June 25, 2007, 7:00 p.m., in the City Hall Council Chambers to consiuer Woodburn Development Ordinance (WOO) Ll:gislative Amenument 2007-0 I. B) Woodburn Public Library will be closed on Sundays for the summer heginning June 17,2007 and will resume lihrary service on Sundays beginning September 9,2007, 0040 CHA.\IBER OF COMMERCE REPORT. Walt Blomberg, Chamber President, stated that the Chamber Golf Tournament (Mayor's Cup) will be held on Thursday, Jum.: l4lh. He reported that the Visitor's Center located at Woodhurn Company Stores has been very busy \vith visitors from all over the United States. primarily from the mid-\\"cst, but there have also been visitors from at \cast 10 JilTcrent countries, L1Stly, Junc is their membership drive month in which they offer a discount to new mcmbers and waive thc initiation fce. 111)\)2 WOODBLRN SCHOOL DISTRICT REPORT. Walt Blomberg, School Superinkndent, stated that 220 studt.:nts graduated from Woodburn High School last week. He also informed the Council that the School District \\ ill hegin lhl.? pn1Cess l)f rc\ ie\,\ it1g their Strategic Pl.\I1 in early \:0\ ember to make sure lh,ll the soals. l)b:ecti\ cs ,llid -;trakgies are :,ti11 imp0l1ant. They \\ ill also he engaging. Il\)t l)nl:. school staff. hut the (,)111l111111ity to participate in this pr\)(ess alld hope to h,l\ e the },rocess c\1mrkk in time I'nr l\1cir hudget prcparatiuII ill Fehruary .2()I)S, flagl.? 1 - ('nllI1CI1 .\kcting \;linutcs, June II, 2UC)"7 2 COl:NCIL :\lEETING MINUTES JUNE 11, 2007 TAPE READING 0128 \!liguel Salinas invited the \!layor, Council, and public to join in this year's Pioneros Celebration which will be held on June 24, 2007 at St. Luke's, 587 Harrison Street. The purpose of the event is to celebrate the early agricultural migrants who came to this area in the late 1940's and 1950's. During the war, laborers from Mexico arrived in this area to help with the crops and many remained to become a part of our community. He stated that this event is about celebrating our past, checking out the present, and looking into the future. He thanked all of the pioneros who came in those early years to establish a foundation of cultural, ethnic, and language relationships. \-layor Figley stated that she is looking fOIWard to attending this event again this year to thank these individuals for what they and their families have meant to our community. 0398 Herb Harrison, 924 Oregon Way, requested that he be allowed to remove a tree in his front yard which is located within the City's right of way next to the curb and adjacent to his driveway apron. The pavement, curb and driveway have buckled up 3.5 inches which creates a hazard to pedestrians. If allowed to remove the tree, he will take care of the hazards and replace the tree with one acceptable to the City, however, when discussing this issue with the Street Superintendent, he was told that the tree was healthy and the Council would need to make the decision on tree removal. He submitted photographs to the Council to show the damage that the tree roots have caused to the curb, pavement and driveway. Councilor Cox stated that he would like to see a staff report on this tree removal request brougbt nack to the Council within the near future. Additionally, he would like a summary of what the City's policy currently is so that the Council can review the policy and, if applicable, make appropriate changes. Councilor Nichols also suggested that a barricade be put up around the area to warn pedestrians of the potential hazard. He questioned potential liability if someone is injured as a result of this potential ha;:ard. City Attorncy Shields stated that ifan accident did occur, then the person hurt would most likely join the property owner and City in any legal action. ,\dministrator Brown stated that he would bring the staff report and a recommendation hack to the Council at the next regular meeting. Councilor Sifuentez stated that there arc trees in other areas of the City that have similar problems anu she requested that the report address not only this case but the global issue of trees that have created a simi lar pedestrian safety issue, I !h-J.-l CO:\SE"T AGE~DA. .\) approve the regular and executive session Council minutes of \.lay 29, 2007; B) accept the Budget (\mlmittce minutes of \lay 10, 2n():; C) ,i~'C-.:pt the Planning CUl11ll1i:-,siun illinuks uf \lay 2+, 2()1)7; D) rccel\ c the Planning ProJ~'L'l Tracking Sheet dated June (). 2( )1('; E) rCCC1\C ~hc [}uildin.::: .\di\ it)- report l~)r \Ia)- 2111)7: P~l~C .2 - (',Iulled \kcting \linlltcs, June 11, 21)()7 3 COU~CIL MEETING MINUTES JL'~E 11,2007 TAPE READI)lG F) receive the Code Enforcement Statistics report for Nlay 2007; and G) receive the report on the demolition of the 60,000 gallon reservoir. Councilor McCallum complimented the Police Department on gathering the data for the Code Enforcement data which he found to be very enlightening on types of calls responded to and action taken. Councilor Bjelland questioned if the 20 multi-family projects totaling $14.5 million on the Building Activity report was one large project or separate projects. Community Development Director Allen stated that this is one large projected located north of Monte bello, north of Cooper Drive and west of Evergreen Road. Councilor Cox questioned what BLle stood for within the Code Enforcement report. Police Chief Russell stated that BLlC was the acronym for Business License Information Check. MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed unanimously. 0748 PUBLIC HEARING: SUPPLEl\IENTAL BUDGET FOR FISCAL YEAR 2006-07. Mayor Figley declared the public hearing open at 7:26 p.m.. Finance Director Gillespie stated that the proposed supplemental budget will make necessary budget adjustments to comply with State budget law. He reviewed the following major budget adjustments: (1) move $53,721 in labor costs for the Library Manager from the Community Services Department back to the Library program budget; (2) make the necessary budget transfer trom General fund operating contingency to Non- Departmental materials & services for the payment made to the Chamber as previously authorized by the Council in the amount of $12,946 from unclaimed grant funds; and (3) correct line item appropriations \vithin the Bonded Debt fund relating to principal and interest payments made in 2006-07. He stated that if the supplemental budget is approved, the General Fund operating contingency will be 10.5% of estimated expenditures. Councilor Bjelland questioned the 58,500 expense for maintenance of the computer saver for Police Records \-1anagl.:lTIcnt. Chief Russell stated that the server is a IB:Y1 I-series mini main fral11~ valued around S3n,O()() and it serves as the main drive for the 0-1-1 Center and for the multi-agency Records \LlI1agell1cl1t system. The maintenance agreement '.v ill provide for on-going ~ll1nuall1lainh.:nance in Jddition to soCt\'vare operating systcll1upgradcs proviJed by IB\1. '\0 one in the ~lUJience spoke either t'or or against thl.: propusl.:d suppkml.:t1tal budget. The \1ayor declared the public hearing closed at 7:32 r.t11.. B.JELL.\:\O/COX... .;;taffprcparc :1Il ordinJt1ce rdlccting the Council's Jc(i~i,m 01\ the :ilippL.:;nCI11~1l hUll;jd. rhc tlwtio\1 passed lll1,lIlinwll:.d~. ll,\::,:c ~ - (\)uncil \kding \limltcs, June 11,2\)07 4 COUNCIL ~IEETING ~IINUTES JUNE 11,2007 TAPE READING 1)935 PLBLIC HEARING: CITY BUDGET FOR FISCAL YEAR 2007-08. Mayor Figley declared the public hearing on the 2007-08 City budget, which includes State Revenue Sharing funds, open at 7:33 p.m.. Finance Director Gillespie stated that the budget before the Council is the same document as recommended by the Budget Committee following their May 19, 2007 budget hearing. The total recommended budget for all funds is $50558,720. He stated that the Budget Committee had also recommended that the Council levy a property tax rate of $6.0534 per $1,000 assessed value and a general obligation bond levy of $698,250 for fiscal year 2007 -08. No one in the audience spoke either for or against the proposed 2007-08 budget. Mayor Figley declared the public hearing closed at 7:34 p.m.. Councilor Lonergan thanked the members of the Budget Committee for their work on this document. NICHOLS/MCCALLUM... direct staff to prepare an ordinance based on the Budget Committee's recommendation including allowable budget adjustments that do not change the tax levy requirement. The motion passed unanimously. IU14 REIMBURSEMENT AGREEMENT FOR SERVICES. MATERIALS. AND PROJECTS. NICHOLS/BJELLAND... approve and authorize the City Administrator to execute the attached reimbursement agreement between the Woodburn Urban Renewal Agency and the ('Ity of Woodburn for fiscal year 2007-08.i'he motion passed unanimously. 11)29 TERMINATION OF AGREEMENT WITH RB & G CONSTRLCTION. LLC FOR CONSTRUCTION OF THE 'VOODBURl~ POLICE FACILITY. BJELL\ND/NICHOLS... authorize the City Administrator to terminate the agreement with RB & G Construction, LtC for construction of the Woodhurn Police Facility, City ,\dministrator Brown stated that the Police Facility has been substantially completed since last t~lll and is being occupied by the department. However, the landscaping ~ll1d clerestory windows are two major items that still remain to he completed as part of this contract but neither of these items impact the depaliment's ability to operate from the LLcility. The City has repeatedly tried to get the contractor to complete the all of thc work r...:quired unda the contract but the contractor has either been not \\illing or able to do the r-.:mainillg \\ ark, The contractor h~1s run into some dilTiculties with the suh-contractors ill\ohing paymcnt issues and, as a result the sub-contractors have not rdlll11ed to the facility to complete the work. Within the contract with RB & G Construction, the City is required to send the contractor a kt1\:r asking them to take care of the prohkm(s) \\ithin a limited tlcriod oftil1lc, This letter has been sent and the time period has passed, howe",-"!", '[11.: C'it~ 11,\:; ....:c".l\cd Ill) rc,,;pOil:;C 1'1\)111 the cnntractor. The ne:\t Sh:p \\llldd he for the 1 it\ t() :cnllil1LllC the a~recl11el1t \\ hich is neccssary for the City to \:olllpkte the '.\ l)rk :ndqlcl~dcI:lI~, Ilk' (';t: :1L1S :~cld hack sutliL'I...:nt rctainage 1\) pay fur the \\ork that nceds :).l~"': -+ - C',JLllll:ll \kClil1::; \liI1LlkS, June 11, ,2()(); 5 COUNCIL ~lEETING MINUTES JU~E 11, 2007 TAPE READlt-;G to be completed plus liquidated damagcs owed to the City for failure to fully complete the project on time. Councilor Cox also statcd that, in addition to the retain age, this construction project is bonded and the bonding company is requircd to complete the project if the contractor docs not. In the event the costs to complete the projcct cxceed the retain age, the City docs have the right to recover the difference from thc performance bond. Administrator Brown also stated that the performance bond is the relief for any sub- contractor who has a pay issue rather than dealing with the City. The motion to terminate the agreement with RB & G Construction, LLC passed unanimously. 1195 COU~CIL BILL NO. 2666 - RESOLUTION ADJUSTING WASTEWATER RATES AND SETTING EFFECTIVE DATES. Councilor Sifuentez introduced Council Bill No. 2666. Recorder Tennant read the bill by title only since there were no objections from the Council. Public Works Manager Rohman stated that the current wastewater rate schedule was adopted in 1995 to pay for construction costs of the treatment plant facility and costs associated with the operation of this new facility. Over the last few years, operational and maintenance costs, along with the need to update the facility to meet current DEQ requirements and a need to increase the SRF loan reserve requirement, have significantly reduced the revenue reserves and it has become necessary to look at rate adjustments, A Citizen's Wastewater Rate Review Committee was appointed by the Mayor to review the rates, A consultant was also hired to work with staff and the Committee to develop a new wastewater rate structure. A. copy of the rcport was includcd in the agcnda packet for Council review. Deb Galardi, Galardi Consulting, reviewed thc objectivcs and results of the study, She stated that one of the issues addressed \vith this analysis was the hotd i motel rate structure \v hich is currently part of the residential and multi- family rate structure, The proposed ratc structure \vould be to reclassify the hotel i motel customers as commercial cllstomers for purposes of assessing wastewater rates. The Committee looked at the rC\l:nue requirements over the m:xt three years which include operation and maintenance .:osts, c~mtingency, DEQ reserve requirements for loan payments, and short tenn capital 1 111P[\,)\ cments. [he Facilities Plan being de\eloped will identify the longer tern1 capital lmpro\ -:ments needed to meet regulatory requirements, She stated that the Committee 1,)(~ked at three different methods ofrecO\cring required rL'\enUe I)ver the three year period .1Ild have rccnmnll:ndcd that a 12"0 annual rate increase \\oull! be in the best interest ortl1c community, 1:'-1-1) Public Works \l.mager Rohman stated that the Committee consisted of John Reinhardt 1('h,llr). .l.:rfSouth\\ell (\iL'c-Cl1air). \lartin Pckrson, Willis Grate, and Kainus Patel. k';1I1 Reinhardt c.\pl\:ssed hi~ appreciation 1.0 thc \la!ur and Coullcil t~lr his appointment ~'.) lllis (\~11111 !itke, He .lIsu ldt ihat the ::,ufr and consultant did an outstallding j'lb in f)ci:.:C.). \'uunci! \ketilig \Iinuks, .June] I, 211()-' 6 COUNCIL ~lEETING l\lINUTES JUNE 11, 2007 TAPE READING answering technical questions posed by members of the Committee. In his opinion, the recommended approach for the rate adjustment was reasonable and should be implemented to meet financial nceds of our wastewater facility. Councilor Cox stated that he would prefer not to increase the cost of services but, after II years, it does need to be done. Increasing regulations relating to discharge requirements will necessitate future adjustments and he felt that the Committee did a good job in reviewing rates and in recommending that adjustments be made on an annual basis over the next three years. 1663 Councilor McCallum also thanked the Committee for their work on this project. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2666 duly passed. 1683 COUNCIL Oil_I. NO. 2667 - RESOLUTION DECLARING CITY'S ELGIOILITY TO RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 2007-08. Council Bill No. 2667 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2667 duly passed with the emergency clause. 1:10 MUTUAL AGREEMENT AND ORDER BETWEEN THE CITY AND THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY. BJELLAND/l\ICCALLUM... authorize the City Administrator to sign a Mutual ,\greemt.:nt and Order betwcen the City of Woodburn and the Oregon Department of Environmental Quality, \Vastewater Superintendent Sinclair statcd that the negotiated document will change the requirements of the City's discharge permit to parameters that are more favorable to the City. In December 2004, the City renewed its National Pollutant Discharge Elimination Syskm (~PDES) permit which inclulkd a compliance schedule for temperature reduction and \\ inter ammonia reduction. The permit standard was an estimate of the Total \bximum Daily Load (TMDL) for discharge to the Pudding River and, with the T\lDL lar the Molall31 Pudding basin still unknown, staff requested that the compliance schedule be delayed until the T\lDL had been finalized later in this calendar year, The Mutual .\greelllent and Order \\ill case the :"iPDES requirements and aligns the compliance scheuuk \\ith the finalization \\ith the \.lolalla Pudding River basin T\lDL. The City II, ill "tillnced to follo\\ all other DEQ permit requirements, L:ltimatdy, the City \\ ill be .lhlt.: to proceed \\ ith a Jcsi~n and construction of a temperature reduction t:'lci lity based un tinal T\tDL thereby reducing the City's tinancial risks. He stakd that DEQ \\'as more th.m \\illing to \\ork \\ ith the City on this issuc because they also realized that they \\ere l1UttI:1S the Cit~. at sume financial r~sk ',\ itl10ut knowing tl1t: tinal T\IDL. The \Iutual .\::;r-:cl11el1t and Order \\ ill require the City to compIcte planning, dcsi::;n, and c,)I1structioll '1:'a l-:mpcrature rCdUI..'[hlll facilit: ~md \\inler ~1111111(1nia f.1Citity, ifllccdcd, within'-; >.':11'" [1~\~C 11 - Cuul1cil \1cdillg \liIlUk-i, .I1111C 1 \, 2111)"7 7 COUNCIL ~lEETING MINUTES JU~E 11,2007 TAPE READING after the DEQ Commission approves the Pudding River / MolalIa basin TMDL. The motion to authorize the Mutual Agreement and Order passed unanimously. 2115 COMPE~SATION ADJUST:\IENT FOR WATER SUPERINTENDENT. City Administrator Brown recommended the adjustment of the Water Superintendent's salary from Non-Union Grade 8 to Grade <) as a result of the compensation study of non- union positions completed by HR Answers, Inc.. COX/MCCALLUM... adjust the salary range for the Water Superintendent from Non- Union Grade 8 to Grade 9 retroactive to February 1,2007, The motion passed unanimously, 2136 LIQUOR LICENSE - NEW OUTLET FULL ON-PREMISE SALES: SENIOR ESTATES GOLF AND COUNTRY CLUB 0776 Country Club Road). BJELLAND/SIFUENTEZ... recommend to Oregon Liquor Control Commission the approval of a new outlet application for Senior Estates Golf and Country Club, 1nc.. On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay. 2170 PLANNING C01\'1MISSION OR ADMINISTRATIVE LAND USE ACTIONS: A) Planning Commission approval for a 50,000 square foot office building (Design Review 2006-05, Exception 2007-01): Property located west of Wellspring Medical Center and east of Progress Way. ~o action was taken by the Council to hring this action up for review. 2183 CITY ADMINISTRATOR'S REPORT. Administrator Brown thanked Superintendent Sinclair for his work on the negotiated document with DEQ and to the rest of the department in their role as part of the team in \\ orking on this issue, 2225 :\1 A YOR A~D COV~('rL RJ;:PORTS. Councilor \lcCallum reminded the public that the annual Relay for Life event will be held on June 22 and 23, 2007 at the high school athletic field, The event begins at 6:00 pm und \\ill conclude the following day at 12:00 noon. He thanked the Mayor, Councilors, and Department Heads for contrihuting the City's sponsorship and n;itt:rakd that no taxpaycr dollars \\ere used towards this sponsorship, He also thanked thosc City cmplo~ ces \\ho are participating in this annual funJraising e\'ent. Cnullcilur Bjelland prO\ided a brief report on the last :\l\V.\CT meeting which included e\ll el::;enda item on train speeds, He stated that this \\US an intcr-.:sting presentation and ;'L'p\)]"tnl that citi-.:s ha\ c \ irtu,tlly no authority ur access to sctting train speeds, The ":lih~,! :hrou::;h WooJhul11 is J. Class -+ Railroad \\ hich alkms trJin speeds up to ()i) \IPIl I\Jr fi'ei~ht lr<lins ~!I1d SO \lPH t'or passenger trains and the federal RJilroad .\dministration has the llltim~lte eluthority in establishing speed limits. He :.;takd that \Iage -: - (',)dll..:i\ \lectin::; \Iillutes. June 11. 21)()7 8 COU~CIL :\lEETING ~IINUTES .JU~E 11,2007 TAPE READI1\G there are currently 30 freight trains that pass through Woodburn and it is anticipated that this number will increase since more freight is being moved by rail. In fact, a 20-year projcction indicates that the number of trains passing through Woodburn will double since no new railways are being constructed. He did not feel that the concept of building a channel so that the train can go underground would be feasible based on information he has received. 2447 Councilor Bjelland also statcd that thc issue of the potential funding for the Park N Ride is still before the Oregon Transportation Commission since they are waiting to see if the Eddyvillc road construction project will need some of this money to pay for construction cost overruns. Councilor Sifuentez encouraged the Mayor and Councilors to attend to Pioneros on June 24th at S1. Luke's thereby giving them the opportunity to share history with those individuals who originally settled here. Mayor Figley stated that she had attended the High School graduation ceremony and reiterated her congratulations to the Class of 2007. Last Saturday, she joined Mayor Pottcr as part of the Oregon Mayors marching unit to celebrate the 100th anniversary of the Rose Festival. She also stated that she was looking forward to speaking at the 8th grade celebration for French Prairie Middle Schoollatcr in the week along with participating in the Relay for Life and various other events that make this community a great place to live. 2555 ADJOl"R1"\fMENT. ~ICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously. The mceting adjourncd at 8: 12 p.m.. APPROVED KA THRY~ FIGLEY, \IA YOR .\TTFS r \ lar~ r ,:nnant. Rccord(:r City of \\'oodhul11. Orl:gon :),l~C :-I - ('\ll.1I1Ci! \kding \linuks, .llll1e 11, ,2ilt)-:' 9 Minutes Woodburn Recreation and Parks Board Tuesday, June 12, 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 Absent Vacant Staff present: Jim Row, Community Services Director; Steve Patterson, Recreation Services Manager; Paulette Zastoupil, A.A. 3. Approval of Minutes from May 8, 2007. Rosetta Wangerin/Joseph Nicoletti Motion to accept the minutes from May 8, 2007 as written. The motion passed unanimously. 4, Business from the Audience Lori Messenger of Hubbard spoke in strong support of an off-leash dog park in Woodburn. She shared that there are 52 advertised dog parks in the Portland metro area. Lori reported that the dog parks she has been to are very successful, safe and the owners are responsible. Most of the dog parks she has experienced have double gates, water, sections for large and small breeds and enough room to run, play and interact with other dogs. She expressed her concern about the Centennial Park location because of the high volume of small children at the sports fields and the school. The Board agreed that dog parks are a growing trend and that the subject would be discussed further, support would be gauged when the Parks and Recreation Master Plan is updated. Sandra Sweat of Woodburn also expressed the need for a dog park and how important it is to give dogs freedom to run. Sandra lives in Senior Estates, and said her dog has never been unleashed. 5. Public Meeting Bruce reported that the public meeting to review the conceptual plans for the Aquatic Center Expansion and the Community Cultural Center was presented very well. The consultants presented two concepts for the Aquatics Center Expansion and one for the Cultural Community Center. They explained, in detail, the process they used to develop these conceptual plans. The public was encouraged to give input on each concept. i\ext \veek, the consultants will provide a written report to the Task Force and development decIsions will be made on how to proceed. The Board discussed financing options for both projects and Jim clarified that a bond measure is not currently supported by the City Council and that the Woodburn Foundation, once fully functioning, would be used as a vehicle for fundraising and grant seeking, Page I 10 Minutes Woodburn Recreation and Parks Board Tuesday, June 12, 2007 7:00 p,m. 6. Centennial Park Update Jim reported that Ballfield #3 is complete with exception of the scoreboard, which should be completed in July. Jim shared a 1999 Master Plan map of Centennial Park that showed features needing to be completed; ballfield #4, picnic shelter, sports lighting, concession stand, and basketball court games. Jim shared that the City Council would like to see this project finished. He shared that he would like to see the project wrapped up in one final phase of development. Mid- Valley Baseball has showed interest in being a planning and funding partner. Mid- Valley Baseball has envisioned a batting cage between the 3rd and 4th ballfield, and many dog park supporters have advocated for a dog park to be developed in the northeast comer of the site. Jim remarked that if significant changes are proposed for the final phase, we would need to gather public input before amending the plan. 7. Playground Build Committee Steve reported that the kids in the Front Street play~round neighborhood did a fantastic job drawing their dream playground on May 1 i. The drawing results were given to two playground suppliers to design several playground concepts. These conceptual designs will go back to the neighborhood for a final decision from the neighborhood kids. Playground Build Day is scheduled for Saturday, September 8, 2007, We expect about 100 - 150 volunteers will be involved. Steve shared with the Board that the current $30,000.00 budget is just enough to purchase the playground equipment, and that an additional $5,000.00 is needed for miscellaneous items, such as extra tools, storage container, garbage dumpster and portable toilet rental and materials to construct or repair any benches and picnic tables. Steve asked for community help in forming an 8-10 member planning committee to help with logistics and fundraising. A fundraising flyer has been designed and distributed to help generate volunteer enthusiasm for this neighborhood project. 8, Business from the Department Recreation - Steve Patterson Steve reported that adult co-ed softball teams are currently registering, an Active Adult trip will go to the Oregon Gardens in Silverton on August 6th. Other summer programs almost ready to go are youth and adult tennis lessons, Summer Camp (starting June 25tl1), as well as, skate boarding, cheerleading and dance camps. Summer soccer will be starting early this year (August) in order to catch as much good weather as possible. After School Club registration will start July 1 st. We are sti 11 looking for performers for the Downtown Plaza. Aquatics - Debbie Wadleigh :\0 report \vas given. Page :2 11 Minutes Woodburn Recreation and Parks Board Tuesday, June 12,2007 7:00 p.m. Parks and Facilities - Jim Row Jim shared that July is National Recreation and Parks month. The Mayor will be proclaiming it as such at the June 25 City Council meeting. Jim also reported that the Mayor is in the process of selecting a Board member for the at-large position, and that he had met with 10 high school students that were interested in the Student Board position. Jim reported that the Request for Proposals to hire a consultant to update the Park and Recreation Comprehensive Master Plan is almost finished and that the interested consultants will have until early August to respond. Jim will then form a committee to review proposals, possibly interview consultants and make a recommendation. The recommendation will then go to City Council for final approval. Jim explained the process from start to finish usually takes 9 - 12 months. Jim reported that two grant applications to the State Local Government Grant had been turned in; I) Burlingham Park Playground Restoration 2) Mill Creek Greenway Phase 1. The preliminary funding results should be out within the next few weeks. The Board discussed the pathway surfaces in the greenway and how we need to meet ADA requirements. 9. Future Board Business None 10, Board Comments None II. Adjournment 8:10 p.m, Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Pag!.: .3 12 8e D8~A E' rr WOODBURN PLANNING COMMISSION MEETING MINUTES June 14, 2007 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Vice-Chairperson Bandelow presiding. Vice-Chairperson Bandelow 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, she 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. There were none. There were no objections from those present. ViG.~.::-Qt1airperson Bandelow 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 A P P P P P A Staff Present: Jim Allen - Community Development Director Pike-Salas - Associate Planner Don Dolenc - Associate Planner Marta Carrillo - Administrative Assistant MIr>fUTE~ A. WQodburn Planning Commission Meeting Minutes of Mav 24. 2007. Commissioner GrosJacques moved to accept the minutes. Commissioner Vancil seconded the motion, which unanimously carried, BUSINESS FROM THE AUDIENCE None, COMMUNICA TIONS A. Woodburn City Council Meeting Minutes of April 9, 2007 B. Woodburn City Council Meeting Minutes of April 23, 2007 C. Woodburn City Council Meeting Minutes of May 14, 2007 No comments, Planning Commission Meeting June 14, 2007 13 Page 1 of 4 I)RA F T PUBLIC HEARING A, Design Review 2007-04, Exception 2007-03 Winco Facility, 400 S. Woodland Ave. Request for Design Review (Type III) approval to construct a 34,200 square foot addition onto an existing freezer, and a 22,000 square foot addition onto an existing cooler and loading dock at the Winco Facility in the Light Industrial (IL) zone, and Exception approval to the 6-foot sidewalk requirement for the boundary street improvement requirement for Woodland Avenue. Vice-Chairperson Bandelow asked if any Planning Commission member had a conflict, exparte, or challenge. There were none. Staff Report Associate Planner Pike-Salas read the applicable ORS. The applicant is requesting Design Review (Type III) approval to construct a 34,200 sq. ft. addition onto an existing freezer, and a 22,000 sq. ft. addition onto an existing cooler and loading dock at the existing Winco Facility, and Exception approval to the 6 ft. sidewalk requirement for the boundary street improvement requirement for S, Woodland Ave, The subject site is located at 400 S, Woodland Ave, and is zoned Light Industrial. The Winco Foods industrial campus may be classified as a refrigerated storage facility, which is a permitted use in the Light Industrial zone. The new additions are proposed to match the existing structures in materials and colors. Based on information in the report, and applicable review criteria, findings required to approve Design Review 2007-04 and Exception 2007-03 can be made. Staff recommends approval of DR 2007-04 and EXCP 2007-03 subject to conditions of approval. Associate Planner Pike-Salas was available to any questions, Commissioner Vancil inquired about the handicap parking spaces required for the facility. Community Development Director Allen stated that 15 spaces are required from the building code based on the total number of parking spaces because the complex contains offices within the building. \Li~~.c_h~JrQerson Bandelow invited the applicant for testimony. Larry Galeener, 950 Walnut Ridge Dr., Hartland, WI, applicant, ESI Constructors. Galeener stated that after reviewing the staff report, he needed clarification on Section 3.1 06.05.C, condition of approval regarding the curb requirements. He was requesting a relief from the condition, which indicates a 6" curb required around the parking and landscaped areas. (Full size plans displayed,) Galeener depicted the existing employee and visitor parking areas, landscaping, and the loading/unloading docking areas. In the proposed area it would apply, but not in the existing area. The complete area is not accessible to the public and is on a dead-end street. This being a 24-hour operation for loading/unloading, it would be difficult to facilitate the business of operation, Planning Commission Meeting June 14, 2007 14 Page 2 of 4 [) I:ZAE' T Vice-Chairperson Bandelow inquired if the curb was a requirement for this project. Associate Planner Pike-Salas stated that it is an applicable condition for the project because it does not exclude truck loading and unloading areas, but the condition is at the discretion of the commission. Vice-Chairperson Bandelow invited proponents of the application. Jim Parker, 1575 Cunningham Ln, Salem, OR, Winco representative, applicant. Parker stated that he is representing Winco, Inc. and is in favor of the proposal. Vice-Chairperson Bandelow invited additional proponents of the application. None. Vice-Chairperson Bandelow invited opponents of the application. None. Vice-Chairperson Bandelow asked the applicant about the curbing concern, the truck entrance and the need to shut down. Galeener (display of site plan) showed the highlighted area of the existing loading/unloading area and the proposed curb area, Vice-Chairperson Bandelow closed the hearing and opened for discussion amongst the planning commissioners. Commissioner Vancil stated that it does not impair on the public, Community Development Director Allen stated that Woodland Avenue does dead end at this time. If the court of appeals upholds the Period Review, Woodland Avenue could extend as a full street and with additional Industrial land to the south and west. Commissioner Vancil made a motion to approve Design Review 2007-04, Exception 2007-03, with modified to the conditions of approval to eliminate the approximate 2700 feet of curbing along the drive path, seconded by Commissioner GrosJacques, motion passed. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings yes yes yes yes yes IT~tvIS FOR ACTION A Final Order - Design Review 2007-04, Exception 2007-03 with Conditions gQQJmi~~ign~LQLosJagClue~ made a motion to accept the Final Order for Design Review 2007- 04, Exception 2007-03, with modified conditions of approval, seconded by Q'2-mml~sioner \,Ia,ncil, motion passed, Planning Commission Meeting June 14, 2007 15 Page 3 of 4 DE~i\FT DISCUSSION ITEMS Community Development Director ~lIen introduced the new Associate Planner, Don Dolenc. REPORTS A. Planning Project Tracking Sheet June 6, 2007 Commissioner Vancil stated that he appreciated the additional report, which shows the activity that is worked on a continuous basis. B, Building Activity Report for May 2007 No comments made, BUSINESS FROM THE COMMISSION Commissioner Vancil inquired about the court of appeals and upholding the Period Review submitted. Community Development Director Allen stated that the Land Conservation and Development Commission (LCDC) approved the City's Periodic Review and the decision was appealed. It is in the preparation process for a hearing with the Court of Appeals. Vice-Chairperson Bandelow commented that at a recent meeting she attended, the comparison of other cities, most are going through the same urban growth boundary process. Commissioner Hutchison inquired about the street widths and the adjustment in the transportation system plan. Community Development Director Allen stated that the transportation system plan is still in review, The adjustment would be for local streets only including cross sections, GQmmissioner Vancil asked when the Periodic Review is to be reviewed again, Community Development Director Allen stated that there is not a set schedule for a review, buit will begin, when staff is established, ADJOURNMENT Commissioner GrosJacques moved to adjourn the meeting Commissioner Hutchison seconded the motion, which unanimously carried. Meeting adjourned at 7:43 pm, APPROVED CLAUDIO LIMA, CHAIRPERSON Date ~.TTEST Jim Allen Community Development Director City of Woodburn, Oregon Date Planning Commission Meeting June 14, 2007 16 Page 4 of 4 '~;'>.'D[,l ~.: "F LATE L/~-)/rl .~' I l"'i F l Tit"" 'I": ~ f\/\l~K A" \ I. .. M S', 1;-J H')", r, HB:: "/ HCi") 'tl 08 '.J -;:) 138 ~ f~ 'J i-l tl t.... M':' b 8!~ (\ ~ r\t'......8-.i Mb r,fl:, MS" f-.tj:,6"i b ci')~} 8 [j S B 'J b H =., ~J ~) 8 a ~J 9: hR'l'J..' 8 S 1,1)'~ h..,r_,....'-i n 3'- :I~, S b ') ~Jl-; bt1 ,.:, 0 7 6 a '}~1d afl,~9::; 88G08 bbbul oclG02 88(0, .... ~ R 6 r; C'1 8GGO; 8RCJ6 8/160'1 tl8cG:: 866(; ~J H8610 88611 88G12 8861J 85C14 8%1'0 88616 88617 8B6l& 8861<; 80620 88L2~ 85622 88623 b8624 8862S 88&26 886;;-7 'H!'I'!\. ; i'f\YF}, UA!>~J'. /..../ c' J:H,'L',.iit ~ct~",i.Ll, '1/_' ," fErry CA~E ',/ ~l/~uiJ/ VALLEY M^lLIN(~ :;E.RVIC'E IN r,/'"'-i:/.'I;~)? ALLIE!! WA:-"TE :-.iFRVrCE,'; ',/04/.C07 AMAZON COM CREDlf l'/();;//.l~111 AMEk PUBLIC WORKS AS:-;N u'li~'( 0 I ARAMARK UN1FOi<M SeRVICE / .: C:, 7 ASAP ",OFTWARE -'/:'4i~',,"7 BETTY HEHI-,NER '- ! 0.1/:: (, : '/ BLU~ENTHAL UN J }-'\.-',-.;'M &. F.QU;: (,/,-'.U:", ':)"1 BRODA'KT ,'() / ~ ./..:1':'-; CALIFC)~HIJ:.. (Y'NTj~,V'f ;;~s ~J1 -,/,).1/'" G/ CANbY n:l.El:OM '>/Q~/ c(,0} CDW GOVEi,NMENT INC' c/o'. /2 ~ (,7 CHEMEKETA COMMUN lTY COLLE ,/04/2C}7 C'R~IE & MER SETH TNC s/n,./2C 87 DATAVISIl'N COMM1JNICl,TIONS ',/U4/LL07 DE HAAS & ASSC'C'IATES INC '~/04iLCO) DEPl' OF ENVIRONMENTAL QUA ',/:J4/.:.GCI DEP'1 0:.' :.,TATr~ LANDS ~/0~/:uJ7 EAGLE WEB PRESS ~NC S/D4/~007 FEDERAl. EXPRESS CORP O/('./2C,~17 GENERAL ELECTRIC CAPITAL S/04/~007 GRAING~R INC '/04/"007 IKON OFFICE SOLUTIONS ,/04/Ll')7 INGRAM [lIST GROUP ,'/l";/20)7 ISUL'JTIONS CuN~ULTIt;L~ INC ',/04/20J7 J, THAYEk COMPANY ,/04/200) JASON l' EGGERS S/04/2,,:,7 JOBS AVAILABLE ,/04/20J7 KENNEDY JENKS CONSULT IN'~ S/04/2007 KITTELSON & ASSOC INC 5/04/2007 MARION COUNTY CLERK 5/0./200'7 MARION ENVIRONMENTAL SERV -,/04/'L0,,'7 MID VALLEY VOLlJNTEER MAN '/('4/.00'7 NET ASSETS CC/RPOFLAT10N S/U4/,OJ7 NEXTEL COMMUNICATIONS S/04/2007 NORCOM ~/~4/2007 NORTH STAR CHEMICAL INC ~/04/2007 NORTHWEST NATURAL GAS S/04!20J7 OREGON LAW INSTITUTE S/04/L007 OREGONIAN PUBLISHING CO 5/04/20J7 PACIFIC HABITAT SERVICES ',/04/2007 PACIFIC OFFICE AUTO"';ATION 5/04/2007 PHILA SIMMONS ~/04/2007 ~OLK DIRECTORIES 5/04/20)7 PORTLAND GENERAL ELECTRIC c,/04/2JU7 QWEST S/0'1/2007 QWEST 5/04/2007 ROSE YOUNG 5/04/2007 S&S WORLDWIDE INC S/04/2007 SHOWCASES ,/04/2007 SIGNWORKS OF OREGON DIC , f Y STAT! I~' u 1- W CHb'K REGl~,TER (,DBURN STAHIS [,ATE UPDATED CIECK AMOUNT REC::JNCILED >>:1' PAGE AP0460 VEEOT ~~--=--~-------~-===------==-==-==~~=========-=====~==~=~=--============-- DIFFERENCE REC::JI'Ci I,ED HECONC1LED RECONCiLED RECONCILED RECONCILED RECONC1LED RECONCILED RECONCILED RECONrrLED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED R2CONCILED RECONCILED RECON21 LED RECONCILED RECONCILED RECONCILED RECONCIl,ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONrILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/ ('8/ 2 0 0 7 6/08/2007 6/08/2007 6/08/2007 6/08/2007 (,/('8/2007 6/08/2007 6/0H/2007 6/08/2007 6/08/2007 6/08/2007 6/0~/2007 6/08/2007 6/08/2007 6/08/2J07 6!08/2J07 6/08/2J07 6/08/2007 6/08/2>007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/0~/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES iES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 192.66 84 S, 10 813.25 803.52 125.00 30,60 636,93 12,00 280,24 605,85 550,8) 19,90 238,98 440,15 896,32 14 9.44 136,25 200.00 150,00 1,293 18 277.70 215.89 500,09 373.9~ 1,470,01 1,109,38 3,829.58 500.0~ 214.2~ 415,50 533.63 395.00 20.10 60.00 999,00 1,565,48 25,314.58 304,36 7,494.61 284.00 743,58 1,847,24 57.72 3.00 368,50 28,838.88 164,73 790,00 69,00 279,35 92,88 10.00 192,66 845,10 813.25 803,52 125.00 30,60 636,93 12 ,00 280 24 605,85 SSO,80 19,95 238.98 440,15 896,32 149,44 136.25 200,00 150.0) 1,293,18 277,70 215,89 500.09 373.95 1,470,01 1,109,38 3,829,58 500,00 214,20 415,50 533.63 395,00 20.10 60.00 999,00 1,565.48 25,314,58 304.36 7,494,61 284,00 743,58 1,847.24 57.72 3,00 368.50 28,838,88 164.73 790.00 69,00 279,35 92.88 10,00 ,00 .00 ,00 ,00 ,00 ,00 .00 ,00 ,00 .00 ,00 .00 .00 ,00 ,00 .00 ,00 ,00 ,00 ,00 .00 .00 ,00 ,00 .00 ,00 ,00 ,00 .00 .00 .00 ,00 ,00 .00 ,00 .00 ,00 ,00 .00 ,00 ,00 .00 .00 ,00 .00 .00 ,00 ,00 ,00 .00 ,00 ,00 eX) tJ ,.' ...i Ii j-~; 1,!~' r n';Tt G/ . '1/ Tlr.1l-' '!I,. no f,~' 'J oob'U bH6',1 ,,"",Sf) .,.:: 88 l. ~ i Mhtl.:,4 8 b!~ 1 S 6 i-\ F, ~ t, "';'8t-,1 I M8l'~~8 g d L _~ '-j obt,..jlj 8:-\ (::. 1 RAL-:l.~ 8 5l 't 3 b8t-,-.i4 bOL4 '-, R F. f .~ (; b ~ r,.1 h 081.>:1. 'J R8C,;'u 8 8G'J 1 b86'-,2 8ti6~3 d 8 G ~- ,i e.06l-'D I-' (X) 886:,'} S8GSF. SSG', 9 H8G61 88GG2 88GD 8866.1 RR66:::, 88666 0866/ 88668 886G9 88670 88671 8seu 88673 8867:. 88676 88677 88678 88679 88680 886bl 8868L 88683 88G8, , 't ~ ." I [^ 1: ",'.;' ;;:\~1t_ :~r:r' L;-/\':,}-~ .'-~J"~Trlt'\J.'~ l"t ~--'r'~ r~n >,/\.'4/2 I TEK SYSIFf't-b a;\' [, / (I :1/ .: " ',"1 THC,~1AS b~)trR Ec;Y &. CO I IJC ')/[14/__" 17 THOi'1A~~C!J GROllP r,/n;;//l ,-'7 LnJIVERSIT':{ 0:: \.JREG(Jl1 ',,Ie'-t/., ',-; !T~ bANi< ',/04/:21 " ',oJATEF<,;Ht:il IN' ,/(j4/~,_,~)1 WENDELL Ii A1'-1~'TUTZ ,,/,I}/, '1' wrr LAMt::TTj.. BR(;A[IHAND ',/C,4jL. ,-,7 WII.LAMEi'TF: VALLEY SE,:Ul<lT >/n~/,,' -7 ~'II.~,;.':: 1:,:-, ()r~El-;(IN IN~ L ICl1j.'1 0" WO~[D MEDIA EXl>R~~S ~,/O,!/,'(',~,' XER,JX CChPORATION ~/(H/.'C,:l1' YES GRAPHICS ~,/111/. (.""1 YE,.:) l;RA!-'HIC~~ "/il/;'; 8~/ VALLEY MAILI~l'~ SERVICE IN ',/lr.j,~C'~ A 1 CO~l'LTNG S/lK/2'::),' P.C'E C'HEt.l1CAL T()ILET,,~ ,/1;':','., I A(", W::.;-,i :-::UPr:l.Y ',/1 S/.:.:C -,-, ALF.XIN ANl\LYTICAL L.\E INC ',I iil/ L,," ~,", ALFA LAV;~L S/181;C~7 ALLIED WA~TE SERVICES C, / l S I .. l \)"1 ARA!.1AR K UN I FORM SERV I CE 5 / ~ 51.' C v 7 ARA1-1Ar~K lINT FOhM SERVICE S/ld/~I'OJ ARCH WIRELESS './ In/.:.' ~j I ASHLANiJ bROThERS LN';D3CAP ',/18/200'/ AT & T ',/lR/':U)'J AUTO ADDITIOl;,; INC S/lb/2(I07 AWARDS AND ATHLETICS ~/lH/2GJI BEN PIPER ./:8/2C~7 BEST WESTE~N ',/l8/,,0)7 BLlJl-1ENl'HAL UNIFORM & EQUI ',/18/L;I)7 BMI BACKFL<lW MANAGENENT I r:../ld/20~1'1 b()TAC'H TAC'TICAL ',1l0/L0.)7 CARLETON HART ARCHITECTUR S/ld/20J7 CD,,; GuVERNMENT IKC ~/lo/20J7 CESSCO INC ',/10/20(> 7 CHAH.MATS lTSA.COV. '/lH/2vC'1 CHEM DRY OF SALEM 5/18/2007 CITY OF CMJBY ,/IM/JCu/ CLATSOP CATERING S/lb/2C07 COLLEGIATE PACIFIC S/18/~JD/ ~RUSHER DAWGS INC S/I8/2007 CTS ENGINEERS INC S/18/20i'j DANNER SHC)E MFG CO 5/18/L007 DELL MAHKETING LP 5/18/2001 DEMCO INC 5/16/20)7 DOMINIC & EBBA CORLETO 5/ iH/ ~(lJ7 EASYSTREET ONI,INE SEi<VICE 5/10/20.)7 ENVIRO. CLEAN EQUIPMENT S/1_/20~7 FCS GROUP 5/l8j20J7 FOOD SERVICES OF AMERiCA c ~ I Y 0 ~ W C' l) D BUR N STJ""J'L;:..., RE(~i:)Nr';T,r:r"l RECONC l LED RECON~lLED l<ECON~Ij,ED RECONCILED RECOr;CJLED RECOKCILED RECONCILED RECONC1LED RECONC:LED RECONCILED RECONl"ILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCl LED RECONCILED R ";COtJC I LED R2CONCI LED RO:CONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED CHECK REGISTER ,;C'!,TUS DATE UPDATED CHECK AMOUNT RECONCE,ED ~rv-IT PA,;E AP04';0 VEEOT ---..-.-- ~- ----------------- - .,. ------------ --------- .. ------------------ ---._------------------------ -------------- OJ FFERENCE ,;l08/: 007 6/0b!;~007 6/08/,007 6/081200'1 6/08/;007 6/08/;:007 6/08/;:007 6/08/2007 6/0_/2007 6/08/200'/ 6/08/2007 ,;/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/U8/2007 6/08/2007 6/08/2007 6/08/2007 (;108/2007 6/C8/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2J07 6/08/2007 6/08/2'J07 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2ll07 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2(.07 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 179 00 1,308,97 1,840,00 13 8,50 202,16 120,00 4,023,08 577,71 6~,CO 317,23 09,85 2,161.27 99,07 407,86 325~00 238,75 1,456,20 41,67 336,33 38~12 1,629,00 322,68 1,801.00 236,30 56.42 101.89 1,409,90 24,38 1,690,46 2,305,55 34,71 60,50 45,85 1,195,00 133,32 3,558,25 572,02 149,95 169,00 2,111,00 5,909,00 282,00 248,44 3,072,)4 4,430,00 103,95 200,00 448,92 33,01 168,00 2,825,50 2,428,75 252,96 179.00 I,30d,97 1,840.(0 13b,50 202,16 120,00 4,023,08 577,71 65.00 317.21 '9,85 2,161.27 99,07 407~86 325,00 238.75 1,456,20 41 ,67 336,3) 18,12 1,629,00 322,68 1,801.00 236,30 56,42 101,89 1,409,90 24,38 1,690,46 2,305,55 34,71 60,50 45,85 1,195~00 13 3,32 3,558,25 572 ,02 14 9,95 169,00 2,111.00 5,909,00 282,00 248,44 3,072,34 4,430,00 103,9S 200,00 448,92 33,01 168,00 2,825,50 2,428,75 252,96 .00 .00 ,00 ,00 ~OO ,00 .00 ,00 .00 ,00 .00 ,00 ,00 ,Oll ,00 ,00 ,00 ,00 ,00 00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 ,00 .00 ,00 ,00 ,00 ,00 ,00 ~oo ,00 ,00 ,00 ,00 ~OO ,00 ~OO ,00 ,00 ,00 ~OO ,00 ,00 ,00 ~OO ,00 h'~l :':-;< :.~' i'J I : \'1 IIATr, (,/ J T I~lE' l !; :-,.-~!< R _'Ii; ,,0 ' .Pi!~ ~t.: ti b E, /:"' / ridGbi-< btlCb'J bSr:,,;,") 88i:,'j2 SBh(; ., t\ R (, ')4 ~1 r-; (, 'j '. tH-Ib0( db (-,~."' 68(.j6 88 C:J ') 8n-/e; 1 h 8 -; li 3 I- 8 ill,1. bd'ICi " o d Ie t .~ "'1 -/l;"1 fic)7,'J() ..... \0 B871U d8n1 ~,8 11\ a d 'Il.~ BB'llS 8871C, 88 -/1" 8S'}] ~ 88'/20 8d721 b8722 8S72] b0724 88725 88726 88n7 88729 2.8731 b873~ 88734 8873S 8873G 66737 88738 88719 8874G 8S74 J 88742 68743 88744 8871,5 Bd7-i6 j \;'j" I';"YI-, i- NJd....;. 11~:~;"""E ' 1 0, Fj-;, ';'j;' [I- t<~ \.;b ",'d,/,:_I_'/ ('; r-:,1FdnJF IN(' '.-,,' J hi.) ( .,) l-;El~Hl;:- &. f\(;SA MEILO.:J IAN :,/lH/:-~1 :1) l~HA1t;C~Et< ltJC' ~/lb/./ I GRAUh--;i'~k INr l..,:'lM/.~, l~RA.!'ltK; i','\C"YFIC I.LJ' '-,/l;J/~~L 'J') IIACE (-'HEr-nl"Al. l't,) ~,/lf../.:1. ,,7 HD SUI' PLY HATEf<f.lJRKS :;II --';'18/::~I~n HOFFMAN, BAR! & WAC~N~~k LL '/18/:i:') l--i!;bc~Aril C""HEVW")LET ii/1M/.,ridl TKCln (iFFIl'E SOl,TJTI()!~S -,/ lh/:,~ r I INTI, J'.~~.Tt;ll-IPAI I,,'!o\l~lYEi-o;.-, H:-) ',j J ~/LGc'7 .J, THAn:!, COMPANY ~,/lR/LC~~7 JACK RA',.n.INl]S L~/lCl/l.i..::;1 JEFF VIEkS NURSERY :-;UI-'PLY S/ 1;-'/:::, ,)"/ ,JERRY' .~: .~,["...-IRI; CEr,;TE.:.r HJC ,~> /l b / 1." ':' 7 JET HEATING lNe l,j 1 n/, i ')7 Ki:::NtJE!)'{ ,JE!JK,; CC;!;SU~,'_' UJ(' ~)/ lci/2C)7 KEY C'r~t,ATIC!,j~, ,/, U/ L.t 11-/ L^N,';LJ,,;,:~t, LIt.i::, ,:--;EF','I l-E.: oJ.! 1b/:2(0-/ LAtTF.2A~:':, CDN....;\rJ!..~ ',/1r,/2uG7 LAWRENCE PI..RADI5 5/18/2007 LINDA D FLINT '>/lh/?I'CI/ M & M j\UTC; WRECKING INC S/i 'd/2i)J7 ~1ARIOlJ Cr.JtTNTY hLnG .N.-.;PEC S/lH/2,~):J7 MARION COUNTY PUBLIC WORK ~/1R/~r)J'/ MARlor..: CulrtJTY TkEASL'h.Y DE S/16!20j7 HARK GORELIK 'l/l b/ ).u07 MERIDIA.T\J PLUMBIJ.;Cj 5/18/2007 MOLALLA COMMUNICATIONS S/18i2007 HPULSE S/lU/2uJ7 MRK INV~STM~NTS 5/ld/2007 MT JEFFERSON FARMS INC C,/lii/2C07 MUFFLH~, HITCHES I. MOrtE 5/18/2CJ7 NEXTEL CC'MMUNICATIONS S/I&/2CJ7 NORTHWE~T LOW VOLTAGE SYS S/18/20C)7 NORTHWEST NATURAL GAS 5/18/20J7 NURNBERG SCIENTIFIC ~/18/20J7 OR DEPT OF ADMINISTRATIVE 5/18/2001 OR DEPT OF CORRECTIONS S/18/2007 OUT IN STYLE INC "/18/20)7 OWEN EQUIHIENT COMPA~IY S/18/2007 PAPE' MACHINERY S/18/20,)7 PEAK SOFTWARE SYSTEMS INC 5/18/200'7 PENWCiRTIIY CO S/18/2007 PETROCARD S/"b/2C07 PIRKKO KORKEAKOSKl S/"8/20C'7 PORTLAND GENERAL ELECTRIC 5/18/20u7 PORTLAND GENERAL ELECTRIC S/l6/2007 PORTLAND PARKS & RECREATI 5/18/2007 PRIER PIPE & SUPPLY INC S/18/2007 PUBLIC WORKS SUPPLY INC S/]8/2007 PURDY'S CAR WASH 1 r Y u F W (I ~) D b U F< N ~TATU2-' kE(',-'~ll:'1 I,ED RECC\I\C l LED RECOKCILED RECOKCl LED RECONCILED RECONl'l LED RECONC:LED RECCJNC1LED RECONCI LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONC1LED RECONCILED R'OCONCILED R;;;CONCILED RECONCILED RECON~'I LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCII"ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED CHEn: REc:r,;TER "TAl'U;; [IAT!. uPDATED c'HEl'K AMCJUNT RECONC I LED ,ZV>lT I'AGE AP0460 VEEOT - ------- -- ------------------------ ---.. -------------- ._------~------------------ ------------------------------- . DIFFEREN:E 0/08/:007 ,,/06/;007 G/08/;00') 6/06/;007 6/08/;007 6/08/<007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/06/2007 6/06/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/G8/2007 6/08/2007 6/08/2007 6/08/2007 6/06/2007 6/06/2007 6/06/2007 6/08/2007 6/08/2)07 6/06/2)07 6/08/2')07 6/06/2007 5/08/2')07 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/06/2007 6/08/2007 6/08/2007 6/06/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2C,07 6/08/2007 6/08/2C07 6/08/2C07 6/08/2007 6/08/2007 6/08/2007 6/08/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 2,466 00 260, ;,2 33 ,05 92,39 1,698.27 4,444.CO 696.S.t) 2,163,00 1,353.20 38.58 309,92 561 00 494 ,32 226,0,) 81.50 IG9~4S 716.60 1,623.00 58.00 161.24 156,00 1,270,00 47.09 53.50 1,910,02 32,00 1,425.0CI 95,00 4,200.00 149.70 1,500.00 50.00 1,428.0G 445.18 1,466.21 34,00 7.82 833,84 1,549.66 1,800.00 176,70 254.06 5,592,2] 765,00 169,81 4,879.09 66,76 36,515,45 12.76 75,00 2,451. 71 179,85 200,00 2,466 00 260.22 '\3 .C5 92.39 1,698.27 4,444.00 696,95 2,183,00 1,353,20 38~58 309 92 5,,1 00 494.32 226.00 81 50 169,4S 716~60 1,623.00 56.00 161.24 156.00 1,270.00 47.09 53.50 1,910,02 32.00 1,425.00 95.00 4,200.00 149.70 1,500,00 50.00 1,428.00 445,18 1,466.21 34,00 7.82 833.84 1,549.66 1,800.00 176.70 254,06 5,592.21 765.00 169.81 4,879.09 66.76 36,515,45 12.76 75,00 2,451.71 179,85 200,00 0) ,00 ,00 ,00 ,00 ,00 .00 ,00 ,00 ,00 .00 00 ,00 .00 .00 00 ,00 ,00 .00 OJ ~oo ,00 ,00 ,00 ,00 .00 ,00 .00 ,00 ,00 .00 ,00 .00 .00 ,00 .00 ,00 .00 ,00 .00 .00 ,00 ,00 .00 .00 .00 .00 .00 ,00 .00 .00 .00 ,00 Dh.i'E l,' 1'"'/11, ;'It,,,. ,;ir r H ;,C)"I..,,, {i:; I,;' 66 -i', j 11(,"' br:"I: 1 n a ' I l (-< 6" " b b '; ~- h'11 ,'; b"'; . t'M ~.., 'j '..:.. 8~ i-,. S 8 --, (,2 M t'l -j l ~ dM "lll'j, r..!4",,'i 0:" -u-; ~ ~ ~} I . Fi b 7~.:' n t'l ';,') 1..;) o 88'70 (; ri 7-1. 8::.. 1"/:' i-. tI "i -; -~ ~ i-- 7 "l.~ 2, ';) 7 7' 8-Jr'c a;; ~/", "7 Bd773 8877) dB 7 t:,Q ICIn I d ~ O{' 7 82 88 ',' 2, i a r. 7 v..J. 867 Br_: be 7::' 'j 88788 867 8~! BS7JO Rci'/~2 8ci 7 93 8819,; 8ci79u OhtlOO 88802 8a80J 8880.1 HbbO'l 8a80, 88800 ';...:!: -:o' i '~ L. r J '\. r--[:..l J'.t, LAt-~l-- Q\-1F,~~":' 'I 1 !~j. I~AD:X :'(lR[-c,RATl(i'\! ~'I 1. ..:( ,'j RAr-1Clr~ l~Ah~'IA ,Jk "I l d 1': <,' J I R(ll)F flO(' fvRr: ENTi<RPR I :--;r:::: 'i/ 1 i:'I, ~~ALEM HLAL'K'i'CH' &. ASPHALT ~./ Ibl:~l,,)7 SIERM SI,)f..IN,-;S ',/1(,:,'::, :'; SlLKE C..,(:t'lMUNIC";TION~ it!.' ',ll hi: C"!, SILVEkFLi:.cT :::';YSTEHS ',I l.i.i/ ';:i' I C;0NITh,.;r., ',I I H /: ;, / :-::1--';": IN'!, ~,/ 1 rlj.'... " ~;TATE~t-:AN c~u~JkNAl ;J:;:~"'::-,l-At-' c,/1<:"/:_1~7 T r.1(\!-H1F. ,/It)I)'~07 -i'EK SY::;T~f'.i~; H:~~ ',/ 1 M/:!<..';) TEsci'AM~;;':RICA ANALYTF'J..I Tt: '/IM/2(,"7 TH1' S DIE,;EL ',11 ri I LC,.J I TOP SECRET AfJ\TENTURE:-,; ':.;/181 /0('-; TOUR~l.JGEAU Nu}/. WCS ;,j If,iL,!'~!7 TRAl-FIC' SAFETY SU?F'},y " ~!lo/~C17 U?START ,1.ti/::C:,'7 U:SA SEI~lJ;:'ITY :'/1;:;/:) ~'7 VALLEY RIVER lNN './18/);;,"/ VWR WTERllATIOtlAL Il:(~ ~/ln/20~7 WATER Sf lEU INC '); 10/2CiJ7 WAYNE KENU~DY :. /10/ ..:~, Y; WBN C(J:--1M'JN TTY AC'CE~;.::> T\" ~/1~/~007 WEST GROUP PAYMENT CTR /J..Q/,!L'.'j WIN:JS0R Pi(()PERTY :/]8/;J:~7 WOODBURN FAMILY MEDICINE <-';;';/"cJ7 IWODBURN GARAGE DOOR INC ;, /18 / ~ (. j 7 WOODBURN HEAR 1 NG CENT ER c / 18/2 ,: 07 WOODBURN INDEPENDENT c/ld/~O,'7 WOODBURN RADIATOR & GLASS l,/lo!?OJ7 YES GRAPHICS 'l/loILIJJ7 YES GRAPHICS ;,iJ 1/2G n PETTY CASH '/1112081 KWDS LLC S/Jl/20J7 VALLEY MAILING SERVICE IU './2S/20)7 ABLE CRANE INC ,/2'-,/2u,7 AER ~ITNESS REPAIR 5/25/2:")'/ ARAMARK UNIFORM SERVICE S/2S/2GJ7 AT & T 5/2'0/2007 AV NOW mc )/7S/2,J;)7 BLUMENTHAL UNIFORM & EQJI 5;~5/20J7 bRINKS HOME SECURITY 5/L'o/Lu07 CARUS CORPORATION ,/25/2007 COMPLETE WIRELESS SOLUTNS ~,/2S/2CI\J7 C'"'UMMINS NW LLC 5/25/2007 DAILY JOURNAL OF COMMERCE ~/2S/2007 DEMCO INC 5/25/2007 DON SCHUETZ 5/25/"007 DP NORTHWEST INC ',/25/20D7 ENTRANCE CONTROLS INC ',/25/200'/ FASTENAL COMPANY ( J T Y 0 F W 0 J D R URN .::i'l.n.TL:.~ (,HECK REGISTER STATl;S ,:ATE UPDATED CHECK AMOUNT RECONCILED AMT PAGE AP0460 VEEOT ~~~--~---=-=================---~==~===================~=====~==========-==== DIFFERENCE RFJ--'('\NCT LED RECONCI LED RECONCILED RECONCILED RECONC1LED RECONCILED RECONCILED R El-ONC 1 [,ED RcCONC1LED kEl'uNCI LED RECONCILED PEC'ONCILED RECONCILED R:OCONCILED R3CONCILED Rc:CONCILED RECONCILED RECONCI~ED RECONCILED RECJNCT:,ED REC"ONCIL ED RECONrILF.D RECONCILED RECONCILED RECONCILED REC\JNCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RE:CONClLED RECONCILED RECONCILED RECONCILED RECONCILED RECONCL,ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED Un8/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 5/08/2007 5/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2)07 6/08/2)07 6/08/2)07 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/0a/2007 6/0a/2007 6/0a/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 6/08/2007 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES 2,003.59 204.00 lS,OU 1. 673 00 1,772.96 263.7-l 724.85 3,624.60 110.00 22 0 . 8S 186.64 249.95 1,472.00 358.17 209.40 3.45 1,160.00 1,090.35 118,26 74.85 263.39 46.10 1,975.58 33 ,47 4,133.92 366.75 15.72 182.00 94.00 594.00 532.26 505,00 4,056,50 163,00 14 5 ,92 699.58 468.4S 250.00 99.50 100,15 120.56 109.99 591,60 31,99 943,69 3,983.00 214.68 271,63 181. 31 40,00 440.00 6,028,54 315.07 2,003 99 204 00 15.00 1,673.00 1,772 96 263.74 724 86 3,624 60 110.00 220.85 186.64 249.95 1,472.0J 358.17 209.40 3.45 1,160.00 1,090.35 118.26 74.85 263.34 46.10 1,975.58 33.47 4,133.92 366.75 15.72 182.00 94.00 594.00 532,26 505,00 4,056.50 163.00 145.92 69'1.58 468.45 250.00 99.50 100.15 120.56 109.99 591.60 3 J. 99 943,69 3,983,00 214.68 271.63 181.31 40,00 440,00 6,028.54 315,07 .0,' .00 .00 .00 .00 .00 .00 .00 .OJ .00 .08 .00 00 .00 ,00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 .00 ,00 .00 .00 .00 ,00 .00 .00 ,00 .00 .00 ,00 ,00 ,00 ,00 .00 .00 ,00 ,00 .00 ,00 .00 f\' ;.-'1', .,!j j :Vi. J J;~ 'i t; ,- / I '-I / 'i 1r.:i:: ') ~' 1. HI'r ;. l'~:: 'I' :.;\:1: f'AYLi:, ;';..'\r.:~. t"..\ t. ; ~ [j8t, j', t;ob ll-, S b 8 : / hKtild oH!:'>;.. i 8 tj 021 f, R H ~~ ) ? 8":' t"','jH) C} ~ n b ~ : od8.:H ;:.; i-l t) -~ R 8cib ~ ~I 8Mb-; (I 88B'L~ od8.1 j hi--,t-}-l'j Ml:!b.j :, ,,884 ') 888-i~~ tldb~l &885::: oEi8~j 868::") 688Se. H~R Si~ N B,;Nf AP ~ RI:.r'or:-:: r LED N0T REC0NCIL,-u VOIDED UPDATElJ NOT Ul'DP,TEfl " I ;':"! / ',/ ::', / ,,',' "~I ',/2 ", / L .:' 'V-; :) I L".I ~,l;:J " ',/ .:', / ;: (i u 1 ',/,",/)[JI ',12 ',I /l C'') 'J I J', 12 C 0-{ s /:' f, I:; ,. ;',-' " j :!;';':'.: ;j-j t .':: .', I., ( r~Rl\~~;'~Ft-' IN' HARr<:In;ci,-'!J It;I,;hTRl.lI.l PLA I KUN OF r I, 'E Sl)LUT I '':::.'L INGkAN [J 1 ST GR\.}U2 J. THAYEl-< {'uMf'Alh' ,fERRY J,~JjSZEN Ll:.:A(;Ur, ('J!' OR!<,I';l'rJ CITIES M & M AUlD WRE~KING ]~~ MCGUIF<.t: bEARIN:] CO M I [l'.....A Y', F~:'\ MO:-JIQ~,~: liULLI!'JG ADAJ.:~; ~;Fh' h'~ ..'Ll' ":';Y:--:TEMC' .)/ .~~/ _- (, "~I <:::':;2 CA_,:, C,JNc'EPTS HIe 5/~~)/~G:l r'ETRQ~AR[~ ,', / J. C, /2 I'; 0"\ 1 :~ / ~. " / :::. l" I) 7 r-) / 2 .; / 2 L ~, I' ~. / ..::. /., c ,-,' / ':i/::;)/:~Ci)7 ~) / ~' ;,;':: ,; :) j "/::~',' :' " :1-; '-, j ~ S I ? (; / "-> I ;~ '~I / ,i. 0' )./ S/.~c,,/'2r)u / S/:'S/L,~IJ7 Sj;">/LO()7 L, / " 1 / .~ " ,j / 5/->1/ ),')07 ',/3: /" C;'7 l'l)1'AJ. . QWEST }<ECURI-:;-.:n b, 'c-)K~-:; TNC' SAFf.WAY STORE,~ SPR]~;T Sf'RI:n \t\I;<.LINKl THK:::,~ ,-,\..':'1' ,~, l-'ON:..:kE'.1t. l~JIVE:Fo:-,lTY uF JRf.GON VADA "Wf:k; VALLE'; PACIFIC FLORid. WATERSH:ED INC WILLAMETT2 VALLEY SECUKIT WOODbURN HEARING CENTER ANiA.,rA!J~F. K AND~;R.SGN ;,LICE PAHKTIGIAN DHR CHI LD SUPPORT UNIT = 4ll CHE('KS 2-10 CHE('K~; ~HECj(S CHECKS ~ -2 ( CHEl'KS CHECKS 294,475,96 .00 ~ I T Y 0 F W 0 ~ D 3 URN STATU~, REC"NCl LEI' RECONC]LED RECONCILED RECONC]LED RECONCILED RECONCILED R"CONCl LED RilCONCILED Ri':CO;';CILED RFTONr:'ILED RECONCILED RECOW'ILED RECONC]LED RECONCILED RECONCILED RECONCI~ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCII"ED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED 294,475.96 .00 .00 CHECK REGETER ';TATU'; :ATE UPDATED CHECK Jl.MOUKT REC<)NClLED AMT DIFFERENCE PAGE AP0460 VEEOT -- -_._---------------~_.._._-~ ..~~-------------- -- --~~~---- ------,.----- ------~-_.. -- .---------------- --~--------------- -------- 6/08/2007 YES 84.77 64 77 00 6/08/2007 YES 57.22 57 ,22 .00 6/08/2007 YES 371. 7J 371 . 10 ,00 6/08/2007 YES 3,029.50 3,029. 50 .00 6/08/2007 YES 634.16 634 . 16 ,00 6/08/2007 YES 10,OJ 10 .00 .00 6/C8/2007 YES 15.00 15 ,00 00 6/08/2007 YES 78,50 78. 50 ,00 6/08/2007 YES 789,43 789,43 ,DO 6/08/2007 YES 407.73 407.73 ,00 6/08/2007 YES 25,00 25,00 .OJ 6/08/2007 YES 1,387.30 ],387,30 ,00 6/0~/2007 YES 87,15 87.15 ,DO 6/08/2007 YES 4,546.40 4,546.40 .00 6/08/2007 YES 267.80 267,80 .00 6/08/2007 YES 214.80 214.80 ,00 6/08/2J07 YES 31,36 31.36 .00 6/08/2J07 YES 81.28 81.28 .00 6/08/2 'J 0 '7 YES 733,18 733.18 .00 6,'08/2007 YES 1,810.00 1,810 011 .00 6/08/2007 YES 60.00 60.00 .00 6/08/2007 YES 18.00 18.00 .00 6/08/2007 YES 64,90 64.90 ,00 6/08/2007 YES 781.26 781.26 .00 6/08/~IJ07 YES 754.85 754.85 .Oll 6/08/~007 YES 297.00 297.00 ,00 6/08/2IJ07 YES 474.22 474,22 .00 6/0~/2007 YES 1,392.05 1,392,05 .00 6/08/2007 YES 5,471.84 5,471.84 .00 ------------~ -- 294,475.96 294,475.96 .00 COMMUNITY SERVICES DEPARTMENT STATISTICS 8E May 2007 Recreation Services Division Mav-07 Mav-06 2007 YTD 2006 YTD Revenue: $10,622 $6,535 $83,320 $65,631 Expenditures: $25,382 $30,567 $344,146 $388,986 Proqram Attendance: Youth Services: 3,625 5,347 Youth Programs: 1,355 0 Adult Services: 1,800 1,800 Special Events: 0 176 Other/Mise: 0 TOTAL: 6,780 7,323 37,730 38,610** Aquatics Division Mav-07 Mav-06 2007 YTD 2006 YTD Revenue: $17,456 $15,974 157,449 $179,758 Expenditures: $42,776 $38,324 $481,824 $471,758 Lesson Enrollment Group: 97 107 785 1,140 Adults: 3 0 3 5 Private: 11 6 10 28 4th Grade: 0 0 412 358 Self Support 41% 42% 33,00% 38,00% Attendance: 4,307 4,724 45,169 50,020 Library Division Mav-07 Mav-06 2007 YTD 2006 YTD Revenue: $16,089.00 $1,396,00 $80,089,00 $61,863.00 Librarv Attendance: 18,241 16,042 194,376 192,543 Librarv Circulation: 11,420 10,019 114,823 120,082 Adult Proqram Count: 0 2 13 17 Adult Attendance: 0 52 6,283 5,792 Youth Service Proqram Count: 44 27 356 306 Youth Service Attendance: 684 438 6,680 8,682 Database Usaqe: 910 643 5,914 8,108 Adult Computer Usage: 4,551 4,215 49,258 31,099 Youth Services Computer Usaqe: 670 871 9,578 11,266 New Adds: 395 619 4,751 5,679 Volunteer Hours Worked: 88 170 1,550 3,976 U Program attendance data is not available from July 2005 - September 2005 22 ~~:,~::.,.,,~~~..~, .. .:~ 1. ,. ... . . ' WQQQJiQ.~N , , ' , ,I I :.1 ',~,~ -I SF ~~ . . June 25, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Aquatic Center Holiday Hours RECOMMENDATION: Receive the Aquatic Center Holiday Attendance Report and acknowledge the department's intent to institute additional holiday closures on Easter, Memorial Day, July 4th and Labor Day. BACKGROUND: The Center has traditionally been closed on Thanksgiving, Christmas Eve, Christmas and New Year's Day. It has generally been open to the public during the other holidays recognized by the City, including Martin Luther King Jr. Day, President's Day and Veteran's Day. Since 2004, daily attendance on these holidays has averaged 185. On Memorial Day, July 4th and Labor Day, the Center has only been open to the public for Open Swim from 1 :OO-4:00pm. Since 2004, daily attendance on these holidays has averaged 56. Since 2004, the Aquatic Center has only been open on Easter in 2006. Attendance that year was 28. DISCUSSION: Attendance has been relatively strong on Martin Luther King Jr. Day, President's Day and Veteran's Day, but light on Memorial Day, July 4th, Labor Day and Easter. As a result, it has not been cost effective to remain open to the public on those holidays. The recommended additional closures will be effective immediately, including July 4,2007. FINANCIAL IMPACT: Net of lost revenue, it is expected that these three additional holiday closures will result in annual savings of less than $2,000. City Administratm' /~.; , " Agenda Item Review: City Attorney _ Finance ',t'," t "{ 23 Aguatic Center Holidav Attendance The following is a compilation of the attendance figures for the past four years that the Aquatic Center has been open on holidays: Holiday 2004 2005 2006 2007 Hours Open MLK 1/15/04 1/17/05 1/16/06 1/15/07 Regular 115 214 220 179 President's Day 2/23/04 2/21/05 2/20/06 2/19/07 Regular 147 188 190 closed for Maint. Easter Sunday Not Open on Sundays in '04 & '05 4/16/06 4/08/07 Regular 28 Closed Memorial Day 5/28/04 5/30/05 5/29/06 5/28/07 1 :00-4:00 40 91 18 35 July 4th 7/5/04 Monday 7/4/05 7/4/06 7/4/07 1 :00-4:00 85 22 22 Labor Day 9/6/04 9/5/05 9/4/06 9/3/07 1 :00-4:00 166 28 closed due to lack of staff V deran 's Day 11/11/04 11/11/05 11/1 0/06 Fri 11/12/07 Man Regular 184 223 189 11/11/06 Sat closed for Maint. Traditionally the Aquatic Center has been closed on Thanksgiving Day, Christmas Eve, Christmas Day, and New Year's Day. Some years, the Center has been open modified hours the day after Thanksgiving and New Year's Eve, according to staffing levels and the day of the week they fall on. 24 , " aG::""'''-'<~ -;.., "'~~ WOODBURN 8G ~~ 1 Jf, ~ r I' ~~ r ,1 J ( .1 '11 8 ~ . . June 20, 2007 VIA: Honorable Mayor and City Council through City Administrator ,'If]) Frank Tiwari, Public Works Director (cY-~ TO: FROM: Randy Rohman, Public Works Program Manager 4~- SUBJECT: Parking of CARTS Bus and Route Changes INFORMATION: The Chemeketa Area Regional Transportation System (CARTS) provides public transportation between Woodburn and Salem. On July 2, 2007 they are implementing route changes for their North Marion County service. The new CARTS service in North Marion County will provide two routes with one operating from Woodburn to the Salem Transit Mall and the other from Silverton to the Salem Transit Mall. These changes are part of the recommendations from a regional study that was conducted by Salem ,t\rea Transit. To help improve cost effectiveness of the service, CARTS requested that they be allowed to park a bus in Woodburn at a City owned area. This would allow drivers to report to work in Woodburn and start and end their daily schedule from here. Previously they had run empty from Salem to start service and then returned to Salem empty at the end of the day. The location selected was the City Hall lot east of City Hall. The bus would park for overnight at approximately 7:00 PM and would depart at approximately 6:00 AM. Since these hours are when City Hall is not open there would be minimal impact on parking available. The bus would remain in the lot over the weekend but again impact would be minimal since City Hall is not open. Agenda Item Review: / City Administratof_-'___ 25 City A Horney ~ J Finance / -'/,'1 ~/~~~'-;~:r'~'~~' ...~=lt. "t..... M ..,~., -. ., n1 WQ.Q:Q.BtLBN I " , I' r r ~' , .: ( ~ ,lIb 8 .j 1J/iJ~_1 L lOA r~(~ . . June 25, 2007 TO: FROM: Honorable Mayor and City Council ~. John C. Brown, City AdministratoJ SUBJECT: Community Development Block Grant Application Public Hearing RECOMMENDATION: It is recommended the City Council conduct a public hearing, receive public comment, and direct staff to submit an application for a Community Development Block Grant. BACKGROUND: Project costs for the Front Street Widening and Revitalization project have dramatically increased from original project estimates. As discussed with you on several occasions since this issue was first raised with the Council, project costs for that portion of the project remaining to be built are $4,091,600. Increases over original estimates reflect the need to reconstruct existing Front Street sidewalk; to replace sidewalk on side-streets resulting from unanticipated utility under-grounding in those locations; additional sections that must be under- grounded on side-streets due to PGE's system configuration; PGE's system conversion charges; and grade changes through the Hardcastle Street intersection. Project costs are supported by the Urban Renewal Agency ($2,051,000) and other city sources including Public Works C1P funds, Traffic Impact Fees (TIFs), Economic Development loan monies and, potentially, local improvement district funding. These various funding sources are insufficient to support project cost increases. Accordingly, staff is seeking to augment them with grant sources. Application has already been made for an Immediate Economic Opportunities grant in the maximum amount of $250,000. Staff is also preparing a Community Development Block Grant in the maximum amount of $300,000, is investigating a Federal Safe-to-School grant for $75,000, and intends to seek an ODOT Pedestrian/Bike safety grant in spring 2008. Staff is also investigating options to downsize the project by delaying ancillary improvements in the alley between Front and First streets and on Garfield Street. ~, . \ /;/) Agenda Item Review: City Administrator-~_ City Attorney _ I Finance '\, '11 26 Honorable Mayor and City Council June 25, 2007 Page 2 . . The Federal government distributes CDBG funds to the states. CDBG's may be used by cities and counties for public facilities and housing improvements, primarily for persons with low-to-moderate incomes. Local jurisdictions are limited to three open grants at anyone time. Woodburn does not currently have any open CDBG grants. CDBG guidelines require the applicant's governing body to conduct a public hearing, covering the overall development needs of the jurisdiction, and the proposed project before submitting an application. DISCUSSION: Included in the various categories of Community Development Block Grants available to non-entitlement entities such as the City of Woodburn are those dedicated to downtown revitalization. These grants may be used for physical improvements that increase the livability in and economic vitality of Oregon downtowns. This grant category and has been determined by Oregon Economic and Community Development staff that administer the CDBG program as the funding area for which the Front Street project is most competitive. The maximum amount of a downtown revitalization grant award is $300,000, which includes the costs of grant administration. Some aspects of the Front Street project, such as paving, street reconstruction, and utility under-grounding are not downtown revitalization-eligible costs. The costs of sidewalk, landscape, and lighting are eligible. It is for these costs the grant application is being prepared, to improve the area between Cleveland and Harrison streets. Grant eligible costs total $657,100. This project is expected to be completed within approximately two years, with grant closeout to follow shortly thereafter. Attached for your information is the Project Notification and Intake Form submitted to the Oregon Economic & Community Development Department for this project (Attachment 1). The form is the first formal step of the application process; a public hearing is the second step. The purpose of the public hearing is to fulfill CDBG requirements and gather input on the project to determine whether the project fits within the City's development needs. An application has been prepared and will be completed, with your direction, following the hearing. It should be noted that of the $300,000 the City may receive from this source, approximately ten percent will be spent on grant administration. This includes insuring all program requirements are met, completing environmental reviews, conducting wage standards compliance for federally funded projects, processing requests for payment and preparing reimbursement requests, and maintaining and 27 Honorable Mayor and City Council June 25, 2007 Page 3 . . submitting all required records and reports. Although this work can probably be completed by City staff, City staff time is not a grant-eligible cost. It is therefore recommended that the City contract for grant administration, as it has in the past, with the Mid-Willamette Valley Council of Governments (COG). The COG has extensive expertise with CDBG administration, and has performed well in completing these tasks in the past. The City's grant close-out reviews have been clean and unqualified. As indicated in the Background section of this report, CDBG guidelines require a public hearing to cover the overall development needs of the jurisdiction and the proposed project. Regarding the City's other development needs that may be CDBG funded, it is the intention of the Community Services Department to submit applications for CDBG funding for facility construction and expansion, respectively. City staff will be on hand Monday evening to discuss the City's CDBG needs, should your Council so desire. FINANCIAL IMPACT: The project requires a fifteen percent City match. The City's match, for project- eligible costs, is approximately 55 percent. 28 Project Intake Form ATTACHMENT 1 OECDD Use Only \lichelle Hilberry, Regional Coordinator Oregon Economic & Community Development Department 775 Summer St. NE, Suite 200 Salem, OR 97301 Phone: (503) 982-0142 Date: 4/9/07 Project Category: 0 T A ~ Const DOther Concept Number: ~ County: Marion ~ Population of applicant's jurisdiction: 22,615 (2006) I Low/Mod Income: 55.6% Median Household Income: $33,722 (2000) Distressed Area: IZI Yes 0 No D Mixed Rural: IZI Yes D No 0 Mixed SDWRLF Letter ofInterest Number: SD- - Project T\ame: ---, i I , I I : Downtown Woodburn Sidewalk, Li htin and Landsea in 1m rovements - Front Street Pro'eet i Project Location: I l Front Street, Woodburn, between Cleveland and Harrison streets Applicant: City of Woodburn ~ i --,- Contact Name: Phone: (503) 982-5228 John C. Brown Fax: (503) 982-5243 City Administrator Email: john.brown@ci.woodbum.or.us Street Address: Mailing Address : 270 Montgomery Street same City, State & Zip code: Woodburn, OR 97071 City, State & Zip code: Funding Assistance from Department . Applicant Contributio~__ Other Funds (identify source) Other Funds (identify source) Estimated Total Project Cost $ 300,000 + $ 357,100 + $ 212,900 * + $ $ 870,000 Status of Funding n/a D Pending x Available Pending x Available D Pending D Available I f Rural De\elopmcnt Funds are being identified as a source for construction financing, what source of funding ! l~ being recommended for the Interim tinancing of that portion'? ~A ~._,--- Have you applied for these funds and if so have you received confirmation? N/A - -------< ! When will these funds be available'? N/A i -.J '-ll:'.:1. '-ium, dnpro\'~Illl:l1ts, tu be tinanl:ed through City Urban Renewal funds 29 . \ r~ there an y limitations on the use of these funds? N/A ~---~ . Date of Project Cost Estimate: Estimated First Draw: 6/08 5/07 Estimated Start Date: 4/08 Estimated Project Completion Date: 10/08 Is tht: project consistent with the local acknowledged comprehensive plan? Yes D No Is the project listed on any local, countywide or regional plan (~.g.. adopted capital improvement plan, Master or Facility Plan, Needs & Issues) [gJ Yes D No \Vill the project result in locating or expanding industrial or major commercial firm(s)? If yes, tirm's name and estimated number of jobs that will be created and/or retained. None anticipated. This project will result in the expansion of existing small businesses and assist with the creation and/or sitin of new commercial businesses , How would a loan be repaid: A loan would not be helpful. Brid description of the problem and solution or the opportunity: Front Street in Woodburn is deteriorated, lacks street lighting and sidewalks in sections that are heavily used I by pedestrians, and should be, but due to its condition is not, the primary means of access to the City's downtown center. In particular, sidewalks do not exist for large sections north of Harrison Street, and sidewalks running the distance of Front Street between Cleveland and Harrison Streets, the easterly bounds of the downtown area, are deteriorated to where they will present dangerous conditions if they are not replaced soon, Their condition lowers the value of, and investment in, adjacent properties and contributes to the community's failure to attract more business to this area. In many cases these sidewalks were installed in the early years of the last century, Settling, localized repairs, and changes in street grades have negatively altered drainage patterns at the street, on the sidewalks, and at the threshold of adjacent businesses. I Downtown Woodburn was designated an urban renewal area in 2002 because blighted conditions exist related to the physical integrity and appearance of structures and infrastructure in the area, including Front Street. Many of the businesses in the area are marginal. There is a high rate of turnover among these businesses; , they employee and retain less workers than would more thriving businesses. An increase of investment in this area would 1) stabilize and allow existing businesses to expand, creating additional employment opportunities; 2) attract new businesses to the area, creating additional employment opportunities; and 3) improve the physical appearance of the Downtown and its attractiveness to the community and regional visitors, A downtown specific plan is being completed, which indicates a five-year demand for approximately 1600 housing units within the Woodburn Urban Renewal Area. Many of these need to be "affordable" housing. The City has set aside funds in its urban renewal plan to help address this housing need. , An improved Front Street provides a direct route and needed access to the Downtown from Highway 214, supporting the stabilization of existing and addition of new businesses to the area economy. It would also provide an important ingress and egress to residents that live in the additional housing that urban renewal will provide. It will also eliminate the safety concerns, particularly for school-aged pedestrians, that lack of sidewalks and lighting, and substandard sidewalks, present. An improved streetscape will increase the overall attractiveness of the area to residents and visitors, and will encourage investment in and upgrade of private properties along Front Street and in the urban renewal area, The Front Street project totals $5 million. Phase 1, from Settlemier Avenue to Cleveland Street, was completed in 2006 at a cost of $925,000, It widened the roadway, installed curbs, gutters, sidewalk, lighting and landscaping, and undergrounded utilities. This was funded with a combination of urban renewal and city funds, The remainder of the project, from Cleveland Street to the high school, will complete the same kind of work at an estimated cost of $4.1 million, Of that, approximately $2.15 million will be provided by urban 30 renewal funds, Another $900,000 is available from other City sources. The City faces a 1 million shortfall. $500,000 is proposed at the present time to be offset through forced undergrounding of utility costs, an application has been made for $250,000 in Immediate Economic Opportunities funding; the remaining $300,000 is sought from CDBG. CDBG funds would be applied to that portion of the project to be undertaken in the immediate downtown area, and only for the sidewalk replacement, landscaping and lighting components of that phase of the project. Street improvements and the proposed City share for CDBG-eligible costs would be provided by urban renewal funding and from a variety of other city source. 31 .-~-~.~. WQ.Q.:Q.BVRN lOB ~~ ,. .; i . ,/ ':',~ I . . June 22, 2007 FROM: Honorable Mayor and City Council through City Administrator Jim Allen. Community Development Director '}/,l Public Hearing Legislative Amendment 07-01 (file LA 07-01); Woodburn Development Ordinance (WDO) TO: SUBJECT: RECOMMENDATION: Conduct a public hearing on LA 07-01 to consider text amendments to the Woodburn Development Ordinance. BACKGROUND: The Woodburn City Council passed Resolution 1745 on December 8, 2003 initiating review of the Woodburn Development Ordinance for a list of provisions and topics. The City Council adopted Ordinance 2383 on March 14, 2005 that addressed a portion of those topics. The Woodburn Planning Commission considered additional topics and revisions to the WDO and recommended adoption of those amendments at its May 24, 2007 public meeting. DISCUSSION: A staff report with exhibits and findings is attached for your consideration. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. City Administrator ~&:/ City Attorney ~2) '/ _ ~1'}1 Flnanc4..~.,.i~ . f ,~, ]f:",ja Item Review' 32 CITY OF WOODBURN, OREGON ST AFF REPORT to: The Woodburn City Council June 21, 2007 LEGISLATIVE AMENDMENT File: LA 2007-01 PROJECT INFOR~IATION: ,\PPLICANT: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Application Commenced: 120-Day Rule Deadline: Staff contact: By City Council Resolution No. 1745, passed December 8, 2003 Legislative amendment not subject to 120-Day time line. Jim Allen, Community Development Director Recommendation: Conduct public hearing to receive public testimony, consider Planning Commission and Staff recommendation for adoption of amendments to the Woodburn Development Ordinance. :'Ii A TURE OF THE APPLICATION: A legislative amendment to consider text changes to the Woodburn Development Ordinance. The Woodburn Development Ordinance would be amended as follows: . Designate in which zones a video rental business is allowed. · Allow shared parking for day and night users of parking areas and allow additional shared parking in conjunction with transit-related improvements. . Clarify finance and insurance uses in the Commercial General zone. . Clarify parking requirements for uses not listed in parking requirements table, . Add parking lot landscaping standard for the P/SP zone. · Establish standard for a buffer wall along a street for a residential development. · Clarify storage and display of merchandise areas. Add provisions to allow gravel parking areas under certain circumstances. . Add portable toilets as a use allowed during construction in certain zones. . Clarify what development activity requires a grading permit. . Clarify what development activity requires design review. . Simplify the process for review of street improvements and an exception to street improvement standards. . Revise the minimum street impro\ ement standard. . Clarify the driveway minimum \vidth of a driveway. . Clarify the location authorized for mobile food service units. . Clarify the regulations accessory structures are authorized under. The Planning Commission also recommends that the City Council take no action on -.:stablishing limitations on businesses not allo\'"ing competitors to buy or lease vacant "Big-Bux St\)r::s-'. 33 The Planning Commission deferred for future consideration after review and recommendation by the appointed Focus Group the following topics: . Significant Tree Conservation, . Concurrency, and . Wrought Iron Fencing. RELEVA~T FACTS: The review of the Woodburn Development Ordinance (WDO) is required periodically in order to maintain current with new state and / or federal laws and rules, case precedents, scrivener errors, interpretations, or other changes in circumstances. The City Council adopted Resolution Number 1745 that directed a review of a list of topics within the WDO. The WDO was amended by Ordinance Number 2383 on March 14,2005 for many topics that were identified in Resolution ~ umber 1745. The current evaluation is a review of, and recommendation on, most of the remainder uf the list of topics initiated by the City Council. RELEV ANT APPROVAL CRITERIA: Page [WOO 4.10 1.06.E] Type V Legislative Decisions ........................................................ 2 [WOO 1.101.08] Annual Review of the WDO ......................................................... 3 [WOO 4.101.09 .A. 3] Type V Notices ............................................................................... 3 Comprehensive Plan Policy Consistency .................................................................................... 4 ANAL YSIS AND FINDINGS OF FACT: 1. Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, zoning maps or some other component of any of these documents where changes are such a size, diversity of ownership or interest as to be legislative in nature under state law. Included are large scale annexations, and adopting or amending the comprehensive plan text or the WDO. The Planning Commission holds an initial public hearing on the proposal prior to making a recommendation to the City Council. The City Council then holds a final de novo public hearing and makes the City's final decision. Public Notice is provided for all public hearings (Section 4.101.09). The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. [WDO 4. IOl.06.E] findings: The Woodburn City Council adopted Ordinance Number 2313 that became effective on July I, 2002. The Woodburn City Council passed Resolution Number 1745 on December 8, 2003 that Included a list of topics to be considered by the Planning Commission with a recommendation to the City Council for adoption or amendment to the Woodburn Development Ordinance. Some of the tOpiCS identified in Resolution Number 1745 were considered in the year 2005 and adopted by Ordinance l\ umber 2383 on March 16, 2005. ~luch of the remaining topics were not forwarded from the Planning Commission to the City Council at that time. The topics before Planning Commission ,md City Cuuncil at this time are most of the remaining of the topics identified by Resolution :\umbcr 1 -'+5. as :;ho\\ n for the text amendments to the Woodburn Development Ordinance (WOO) Cpdate lo!1 .\ttachment B. The Planning CommiSSion comlucted a public hearing on May 10. 2007 and ~I)lbldercd evidence and te:;timony regarding the text changes. The Planning Commissiun compkted final ddiberations un 0.1ay 24, 2007. The City Council is scheduled to conduct a public hearing on J line 25. 2007 to consider the recommendation of the Planning Commission and testimony regarding :he Identified text amendments. This legislative action was initiated through the procedures outlined i ,1 the \\' oodburn DcYl: lopment Ordinance for this type of action. \Llny l1f the pro\ i~lt)ns lI1cluded \\ ithin this Legislative Amendment clarify or deregulate current i'll''. hions contained in the Woodburn De\ dopment Ordinance. Specitically, the joint use parking :.li1dards rccommcndd by the Pbnning Ctlmmission provide opportunities for shared parking areas. ( . l)OCl.\1E-IJ,\\CL-I.\VOO LOC,\LS~1 Tt:mpXPgrp\\oist: CC StatTRcport.doc 34 .., '- the parking table clarifies each use listed within the WOO, and the outdoor display areas authorize and clarify such provisions while addressing public safety and accessibility to businesses. The design review provisions drafted clarify which processes are needed to be completed and deregulate the current provisions. The street exception provisions deregulate and establish simplified provisions for projects. Implementation of these drafted provisions is a timely matter due to the seasonality of construction activity and the ability of certain aspects of development to occur. It is appropriate to make these provisions effective as soon as possible in order to provide for clarity and timeliness of lmplementation to the citizens of the City of Woodburn. 2. The Community Development Director shall maintain a list of potential modifications of the WOO due to new state and / or federal laws and rules, case law precedents, scrivener errors, interpretation, or other changes in circumstance. The Director shall report these matters to the City Council at its first regular meeting in the month of November so that the Council may consider initiating appropriate measures to modify the WDO. [WDO I.! 0 1.08] Findings: The identified text amendments to the Woodburn Development Ordinance were previously ldentified and the WDO should be updated to more appropriately reflect the needs of the citizens of the City of Woodburn based on changes in laws, improved efficiencies of operations, and omissions that are currently in the ordinance. This legislative action was initiated by action of the City Council, as contained in Resolution 1745. 3. Type V. At least 20 days before an initial evidentiary public hearing at which a Type V decision is to be considered, the Director shall issue a public notice that conforms to the requirements of this subsection and any applicable state statute. Notice shall be sent to affected governmental entities, special districts, providers of urban services, the Oregon Department of Transportation and any affected recognized neighborhood associations and any party who has requested in writing such notice. [WDO 4.!01.09,A.3] A. Published Notice. Type IV and V The Community Development Director shall publish a notice of a Type IV or V public hearing as described in this subsection, unless otherwise specified by statute. The notice shall be published in a newspaper of general circulation within the City at least 7 days prior to the hearing. Such notice shall consist of: 1. The time, date and location of the public hearing; 2. The address or other easily understood location of the subject property and the City-assigned planning file number; 3. A summary of the principal features of the application or legislative proposal; and .t Any other information required by statute for an annexation or other hearing procedure. [\VDO 4.101.09.C) hnJings: \:"otification of the legislative amendment was provided to the Oregon Department of Land Conservation and Development (OLeO) on March 23, 2007, consistent with the requirements for a Post Acknowledgement Plan Amendment notification contained in Oregon Revised Statutes 197.610 Jt1J Oregon Administrative Rule 660, Division 18. The notice was provided 48 days prior to the tirst C:\ lJentlary hearing, meeting the -l5-day minimum statutory requirement. A certificate of mailing of Lhe re4uir~d notice to the DLeo is provided in the record. rhe Planning Commission conducted a \vork session regarding the proposed text amendments during the Planning Commission's regular meeting of April 12,2007. \otltication l)f the legislative amendment '.vas published in the \Voodbul11 Independent ;\e\\ spaper ,in .\pnl l~, 20lJ7, 22 Jays prior to the pubic hearing, JS presented with an Aftidavit of Publication ,_LlkJ :\pril IS, 200-:'. l l J( )l \ \!i', I J ,\ '\CL 1 WOO ~O( .'\LS- 1 T l:ll~p :\P::;:-p\\ ;~c ('l Stall R..:purt.Jo..: 35 :\otification of the legislative amendment was individually mailed to owners of property zoned Commercial Office on April 19, 2007 as a result of requirements under statutory provisions related to "y1easure 56" notification. Mailing certifications are included in the record. A letter and a copy of the draft text amendments were provided on April 19, 2007 to property owners of malls within the City of Woodburn where owner contact information was available. An individual letter and request for comments was specifically requested regarding the matter of parking areas and Joint use parking, Mailing certifications are included in the record. Attached to this report are wntten responses received during the public hearing proceedings before the Planning Commission. All notification contained information regarding the time, date, and location of the pubic hearings, the file number, the staff contact for questions or submission of testimony. All notification also included a summary of the proposed text amendments. Mailing certificates and publication affidavits are included in the record for notification verification. All notification documents provided information regarding the public hearing procedures and how to review or obtain copies of the documents to be considered. Notification requirements consistent with the provisions of the Woodburn Development Ordinance and statutory requirements were met for this legislative amendment to the Woodburn Development Ordinance. Comprehensive Plan Policy Consistency 4. Policy 8-1. It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases of the land use planning process. Since the city is trying to plan the community in accordance with the community's benefit, it is essential that the community be consulted at all stages of the planning process. [Policy B-1] Findings: The State of Oregon Department of Land Conservation and Development was provided notification 48 days prior to the Planning Commission public hearing of the proposed text amendments. The OLCO provides other potentially interested parties the opportunity to review text amendments from local governments throughout the state. Notification was individually provided to owners of property within the Commercial General zone, as a result of specific changes in that zone that required individual notice under Oregon Statute. Notification of the proposed text amendments was published in the Woodburn Independent newspaper 22 days prior to the Planning Commission public hearing. The Planning Commission conducted a work session on the topic identified in the legislative amendment at the public meeting of April 12,2007 that was a regularly scheduled meeting of the Planning Commission. Specific property owners were provided individual notice regarding the possibility of joint use parking areas. 5. Woodburn shall coordinate with affected state agencies regarding proposed comprehensive plan and land use regulation amendments, as required by state law. (a) The state agency most interested in land use is the Oregon Department of Land Conservation and Development (DLCD). \Voodburn shall notify DLCD 45 days in advance of the first hearing before the Planning commission of proposed l:omprchcnsive plan or development ordinance amendments. [Policy B-2(a)} findings: \"otification and a copy of the text amendments were provided to the OLeO, consistent \\ lth this policy as documented in the record. fl. Encourage intill and redevelopment of existing commercial areas within the community, as "ell as nodal neighborhood centers, to meet future commercial development needs. ,~j()al F-l j Fll1~iil1gs: Th-; t-;xt ::tl11cndmcnts include provisions that ~ould stimulate n.:den::lopment. Proposed l\,li.:y ~hange :;3, i.cg::trding Off Street Parking and Load spccitically would authorize additional clfcas to be .'shareJ." fur purposes of dct..::rmining the minimum number of parking spaces that must be "':'it~lblished for cach llse, .\dditional provisions In:: identitied in the draft that \\-ould allow mon:: ~ UlH.l\lt:l J.\\CL-.l\\'OO'LOC.\LS-l T.:mp XPgrp\\is.: CC StaffR.:portdnc .t 36 shared parking spaces in conjunction with development along a transit facility where transit facilities are provided. Proposed Policy Change # 15 would streamline the process for review of street standards. This is particularly important for infill development in areas where streets are constructed at a level that does not meet the current cross-section standard of the WDO. Both of these could be significant in encouraging infill development throughout the city and be consistent with this policy. 7. The City's policy is to accommodate industrial and commercial growth consistent with the 2001 Woodburn Economic Opportunities Analysis (EOA). [Policy G1.7] Woodburn's policy is to diversify the local economy. Woodburn seeks to diversify the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors, but a choice in employment opportunities that in turn allows for the diversification in income types. (Policy G 1.8] Findings: The Proposed Policy Change #3 and #15 previously discussed also would benefit industrial and commercial growth in that land use review process time lines reduced and costs reduced would make development more cost effective and appealing to businesses. This could bring additional businesses to the City of W oodbum, which could provide a more diverse employment base for the residents and employees within the city. The proposed text amendments would be consistent with these policies. A TT ACH.MENTS Attachment A - Planning Commission Final Order and recommendation of May 24,2007 Attachment B - Policy change questions and process for review Attachment C - Email response received from Kristy Olson (Woodburn Crossing) Attachment D - Letter from Teri Sunderland, General Manager, Woodburn Company Stores Attachment E - Email response received from Mark C. Wolf (654 Tukwila Drive) l' l)UCL\lE~l J,\\<"L~I.\\'OOLOCALS-l T\:l11pXP::;rpwls..:CCStaffRt:port.Joc 5 37 '"' I I *"'-0 ....u:..... '"' 1:"4 THE PLA~~I~C CO~r\llSSIO~ OF \\'OOOBt:R~, OREGO~ LEGlSL.\TIVE. ,\~IE:"<iD~IE:"<iT 07-0\ .\mcnding the Woodburn De~clopmcnt Ordinan~e ) ) ) ) Fl~AL ORDER WHE.REAS, a proposal was initiatl:d by the Woodburn City Council to consider rl:vision uf the text of the Wuodburn Development Ordinam;e (WOO), and; WHEREAS, notitication of the public hearings to consider the proposed tex.t ;,lITIendmcnts were provided consistent with State Law and WOO provisions, and; \\iHE.RE.\S, the Planning Commission conducted a work session on April 12, 2007 to rc"i~w a portion of the topics initiated by the City Council, and; \\' HEREAS, the Planning Commission conducted a public hearing on \1ay 10,2007 and considered the written and oral testimony presented by staff and other interested persons, and; \VHEREAS, the Planning Commission closed the public hearing, and; WHEREAS, the Planning Commission moved to recommend that the City Council J.pprove revisions to the WOO and instructed statT to prepare a tinal order to substantiate the Commission's decision. ~ow, THEREFORE, IT IS HEREBY ORDERED BY THE CO~I~IISS10~: ('1\.; rb.\ning Culi1ll\\ssion h-.:rd1Y recommends that the City Council adopt the draft revi~ions to the WDO ;is containcu in Exhibit "X', based on the tindings contained in th~ staff rcport idcnti ticd a~ t.:<..hinlt "[3", \\ hich :\re att;.\ch~d hcrt:to and by rdercnct: incorpnrakd h~r<.:i 0, .\ppru\ ~J: ~cL; ~_.- Date: __~I ~_lI-i?_'t CL.1\.~Jio Lima, ChairpcrS\1Tl .., ,\ J ~ 38 ~~:~_.I'O. .-.~I~.~. H~..;,.~.._: ,-OIJCY qf^,~gE ADDR~SSED__ I. Make baT! and avems a :onditional use in he DOC district 2, Provide a parting requimnent and de<;i~atc in which zones II video rcrIral business is allowed. CODE lOC'A nON FOCUS GROUP I The Woodburn Section The fOCU1 group met Zoning Ordinance l,!07.01.l~. Pa~e on March 23. 2006 and prohibited ban and Z.I.~J . decided that Drinking t1vems in the DOC Places should be district 8m and outright pcnnitted in taverns are allowed the DOC zone unless in the DOC district the Police Chief could per the WOO. convince them that the WlIS this provision negative impact of a 'lIlJlPO'ed to he drinking place would changed with the mjuire a conditionlll adoption of the I use proces~, WOO? I If the bar and ta~ use is I removed &om the I DOC lO1IC, then I microbrcw busiRe!lSet would I tl~ ~~,;~-: T.:",,,:,. - 1M roo._~~ business with nn i J.I-.12 agrtcd with starrs office use and I proposed code omociatro o!lice I Il"han~. ~inD 'I' (Add the video rental i f"" ~ " i hllSinn~ ll.<;C to the I mjuiremenl. The ., I video rental i gcnmsI retllJ $3 es i I rarlting mjuimnent : bU.'liness operates '<eCIron of the I more like a retail WOO ) i u-'Ie than an office ~. I use, Code needs to hc revi5Cd to n:f1ect [his I Remove the ,ideo I'l"I1ta( hu.smess use trom the "C"mmercial Offil"c" zone. ~ection 2 1 o~.nl l' 2, Page , 1-.1l Add the vidro r\.'T1tal husi~e<.' usc t(l the ('{j .lOne as an .'utri dlt r-:rmitft\' \1St' "toct;pn 2.11)(' 01 I. PCl~c21-1~ /' '''~'I'''\'\ Jl'''q~, rf~'("'11 Fll '''0'1": \\ I~) I ('11.tlc PP \T l \\ po (';"l". \' ~f. r )J.\,'t.I" (',- I,,\. WOO l'PDA TE (\IEASt:RE ~6 REQt:JREO) PROPOSED CODE CHANGE Section 2.107.01 Pctr'1;flcd l'ses L. Accommodation & Food SL-rvice 3, Food service and drinking plan's (722\ FXCFPT fi'od (\.ntr:le/pro; (7:>2' I \, Drinkil'" PI.1Cl:' ('.".1) :,"<1 """.:1(" ',,, .' .., n',,' Section 2.107.03 Conditional L'ses A. G. Drinkinl..P!aces (7214) R Government and pubic utility buildings and 5truc!UTI'< fXCFPT USI'< rcrmirtl'<l in ~'l'..'I,,1O '.111< 111 ."hl Ie"'" ,,""1'!!", .dj,," facilities subject to Section 2.2fl4.OJ. a!io Stan a . he i Parking RatIO' ~paces p<:T activity i unit or <quare feet or ,,'n"s fl""r area ~____n___'__ i-(sfgfa) . f~M~JER~J!'-'-~___,~______ __ _ n I 10, Ol'fleral retail salt'.'! : I.n _:''l ,fef:, /. a. Motor vt'hlcle parts I I (444131) lb. Health care 'ltores (445) c. Clothing ($48) ; I' d. Sporting goods (451 ) c, General merchandise (452) I, f. Misc. retail (45.1) II g'n Vi~C9JaQe and disc ,rental (532230) I . 1'- _._- __._~ ' I 211)~.OI Permitted {'5es ! f Rc;11 Estate & Rmtal & L~Jsing I. Real Estate. (~311 2. Rental & Leasing. without oUfuoor d''\t'''.IY c'r ""flr' ;~t' {.<i 1:) J. \CFrl.. t, ~t''' r Ire 0\ M H'! I'" I!'" 1 f';' '\ . ~. II Z.! 06.0 I PL'TlTIittl'tl t '5OS l. Rt'al r slate and Rental and leJ,ing I. R~al Estatc.l511) ..,. V,dt."() tape and disl.: rent.a!. f~ ~?~'/l, ~l. ticm..'ral 'Tq~:ll""l...'nh.'N ('i1)1111) ',\ :1j \~~ J' fl" ~ ,', ',' .1 '1'1':'" ,\, 1"\\ I, " [>.\(;\. I ---- - -- - - - ~---- r----- I. Review parlein!! Look al other I' Section _1 105 -equiremenl fOT a devdopmrnl rode!! novie Ih~tn:, I! 10 ~ how parking I he CIJl'Tel1I parking during peak and I 'equiremc:-nl t(l(I off-peak !toun i! i li!!h" I handled, Joinl u~ I parting is in the WOO almKIy_ I! lhe 20% maximum I allowed for joinl u<:e adequale? I, Clarify what the 'inance and n5Ul1UlCC use mean '><<8tI5e it i! nol :lear, Also, all rones prohibil check :ashing. pawns~ ~c_exceptinlhe :G zone: whm: il i! ) conditional I)SC, \\'a5 thi! intended? 5_ Pming ~on 1Ceds 10 state whal 'appens when a use joeom't fit in a ;pecific pming '3tegory. ~_ Add parting 101 landscaping <t3OOanl for the P SP lOne. ;-The focu., group was r~~ ari~ {l-f~th;-iun~;ct{o~s'] -- ron<<r1Ied aoout being __ _ ____-+ ~eatL-~_ ! able to pro~ide ~2<Jdbum~___ _ _+-! spnc~~ :t scat,_ I ad~te parking for a I l!~ertO!!___ _"-_0.321'3ce-.LSeal _ I moVIe thea":C, fhey I }.-'~~n_~)un~_ ___;.J5pa_ce I J seals I hmu~t Ihe .IS~ up of Kei~~____0.P-l!ce ~12e,,!~__ I parking ha~n~ to Tu_alalin______ _ ---+-!- sQa~c:l ~ se_aH I occur off'S1I~ If~ot I Salem . ] space! 5 seals , enou.gb parlcmg IS i I provlded_' I The focus @roUP i_BenC===- -- I '21'ac.e ~ 4 <e,)t~-= I agreed that the WOO -1P:ut... ing requimnenlS be compared to colher cities. -- -.- --- -- Section The focus @roUP 2 I Of>Jl Je' , 2. Palle ~thatcheck 1,1-41 cashing and pawnshops remain conditional Use! in the CG rone, Check cashing and pawn.mps were outright permitted in the CG zone in the WZQ, Check cashing and plIwmOOps an: conditional u~ in ~~:: d::sthe L~ provi!ion ~ 10 be changed with lhe /Kk)ption ofthe WOO? Need din:ction in I ~ection ~.IO~, Page!! the code regardinR 1.1 1-1<1 10 ~ ~ thi~ pmhlem_ I I , I I t - - .-.-'-- I Addre! Ihe i~~ue : of requIring , parking lot : landscaping f(1T , u<cs in the P SP , wne 115 is rcqUtml : in the romm"'T,al and mdu.<tnal 'nn~ ,-- , Sectioo .1.1 ()(I.n~ C I, Pa~e 1. J --ll t f- - _1_ i~O'~ Can be <h:ir(-d . day 'night and 75"/. _l.can 1:-e <mall car j Appelln that check cashing busines<es are conditional uses within Ihe CG 7'-'T1t~ Il' r,~n"'llh~ rmli f.1:1' jpn pf Ih..,.. h",.~I.": .,', The Conditional U~e criteria are listed in Won ~ I nl.n~.c. The focus group agreed thai a Director interpmation be used to determine which specific parking category should be used for a particular ; use, The Director i could require I additional information I i to make this i __-jdetert1'lination-=--____L --- ---------- : The focus group : 3_' 06.03 Landscaping Slandards I 3JI;reCd ~i~~atrs ~ C OffStrcel Parking Areas. : :es. I. ..\11 unpaved land wilhin the olT stree' parking area, and within '0 fix' or !i'" r:1I 1'01 ,', ~ ',' "I', :', '",-' I' '1 ." - clr~ulation impron~ments. shall ~e l:.nd'('Jpc'd tn thc f"II"wing rr"p"rt"'n- 3. R\1. P,SP, en and CG 7.nne" r a"'d(":lrt,~d [tre;1('.;) t'n:Jl\.Ilt.:nt ',1 "I .) ,\r>l~" ;".1\ ",1 ,;t' \"l' ,r":l'i r \,1 and t.'IrCU; ,tinn Staff reviewed numerous many codes and "':l~ nN at,Je to find ",act lanl!uage tn adt1r~' Ihi.. (In,' alll'ma'i'r ....''I'ld I'" !"d<, ,:,,,,d "q' IIJllllicaticon requiring the applicant to 4uomit a sile pian ,h"wing the r"'p"4("tI tt.c :Hld.tO aoal\,," ,,1'\\ h,l' ",.: r:ll~I'''' """,1 '" . ',! "( for the proJ'lOsed use_ Staffh~ reviewed all the chapters in the WOO and identified the listed U'('. that arr n,'l \\ilhio I/w r'rl.: 'm~ r"l''''''''l':~''. , ,hi, ".d proJ'lOses addin~ those uses nol culTCt1tly listed, o ~ 'I I, r I, l'~ 111J...... f",..\t'!"rmcnl P'I~T"! \\',...) I rll.l'" \ll.t " 1 \\'['1(' ( r-f~f", ,1(,.<<, f.l!'-ki).J In 1- J,..: PV,F ' The-f:;~;;;up -- --FI-o~.~ CL'n;~ati~n-:fSignilicant Trc('s agreed with sta.tT',s I A. Applicability. approach on th,s Item, . I The provisions of this Section apply to the r~111o\al "fm~' signifi,.11111-Cc and the r<'r'''T'''''''I n-!lUlT\41"n" '", i significant tree removal. A "signifit:(Int tree" j, any c'(istinl!.. ht:;11f~". '.le,: ~.1 ",\h,,'<,;, nr ~t'"re 1ft dUil1Ct"f '~i":I"IJrI'" I The fOCll5 group asked inches aoove ground level. ' . if Sweet gum was an allowed sIre<!! tree, B. limitations on Tree Removal. t~The f~-;;'UP wa~jNeed 10- 3dd~-s-rhe issue ~f w~her ",:a'd c; pa\';,.j s'''raf!e is what" .1et'tkd :".<\ ,I,~ hp.' .,1' \\:l1t ,,' f',."C!, i roncemedh a~u! 'hi Should slorage be allowed under the overhang "I' a f-ui!din\!. .\ 11.", .1 '('Tl1rnral'\' 11'<' "II',l"", rr,ll'~ l"'''''' r.,,,,"t /,,1' <\.... I"" ."...,1 ,.',.,1 storage I at IS V1SI e h b' '(' 'd lk I) , fium the street. I on t e su 1cct slle l.e," ewa sa e . I ! Allow storage area 10 be gra~e1ed in an indu-trialwne as long as the slol'"~e :tn':I ;, ",,' u<lXl/;'r r ."",,~. <.;rt lip f;''l,'e r,'q . ,...., ..., .'" 2. Thefocu!.gI'OU'P : was the case in the \Voodbum loning Ordinnncc, A prpokm has Jri<;cn v.hen t'q\ll H1l.:n! "(,,p,d In r >,1 "f't! 1ft"', \,,,,,,,t, J;' i'" ,_I' ,':1+ a~ with allowing a ! so a gravel slorage area is nece<:~ary tempor:uy use'outdoor marketing permil for a i All zon,~ ,'~ccpl the '\'C and DOC Jddrc'<< <Iplage (\\ tth por"i~~ n-quir,'''" ',I husine!'s 1000ated on a I Storage prohit>ited in setback al'l"a. e~.:ept hclund 0 "oil. suhicct sile. , Temporary Outd,'or \larkctinl! and "l'c.:;al F,'cn'<, ,11")\H'" I" ('[;. f)' Jr-. ' '.' "," Sed.'.'n 2.~()) 19 tilllltt"tf rimt',:fdurlti/ n (nl'f rl'np l!1t''ll' r--..------ ---1' ----- --,.." - - 1 Addrns the is'JUn I Se<:tion 3.106/4. of how to amend i rage .1,1-42 conditions of , approval 10 pm'ent i removal ofa I How to amend significanllree and ' conditions of cn:ating a tree I approval 10 save a mitigation fund or I significant tree. giving the I replacement ~ to the City 10 plant. I look at how wide a I Swectgum is nol an I significant tree needs allowc:d tree withan : to be --less than 24 public righB of way I in<:~ in diameter? and utility elISeI1IeI1ls, I Mentioned 10 the focus ) !!I'OUP thllt a list of Tree mitigation fund prohibited street ~ I I or give the ~ to " is included in the Tree city 10 plant. , Guidelines Section I I '6103 oflhe WOO. I ' I I I I ! ! I .~ ___L_____.. --- I. Add under the CUnmtly. the Section The fOCU!l group mffer wall ~~ not 3.IO~.OI.B ~. Pa~ a~ w,th statT's 'eqUlrentent that: I ~~viSllltl 1 I ~q , ~ code nasonry "..II I that would allow I ch3l1!!CS. ,hould be IUfTlO ~uire a , :on..~ed on m~nry wall on a I 3n1de-familv 1 subdhision where ! ,ubdivi~on5 where i lots have tronta!(e . ('Ig have fronm!!e I on a non-I0C31 , 1I1 a non-local ~' street. i ~._______ _~_.~___-----4--._..~" 1 ) Clarify how I Should st~ and : 2,1()Q./ll'iC.l.b ;torage and display I display be more i 2.1()Q.06.C.2,c rre addres<Cd. , clf'1lflyaddressed i 2.11 O.(I('i.C.l.b : In the allowed u~ '2.110.(l(>C.2c : secttons nf ron~' :' 111.05 CI.l> 2.111.0~C.~.~ Revise 'onservation of il!J1ificanl Tm: ::dion of the WOO I~totree litigation fund and ow to amend onditiOl1S of ppro~'alto prevent ::movalofa il!Tlificant rree, 2 11.l.011.C I t- , 2.llJ fl~.C~.c 1. The focus gmup wanted tencing to be I'l'qu;n.'<l If ;It.ms are <tl'rcd a\\ ay from ,he "'lJlh.hng <''''I'd.TT'ight t'n a I ! , '"'r-',jr. '\ Pt..\I:.O!1 rmN1f r'.tf1'1IM!! \\ Df 11 'r,l..t,_ PR \, r \\ [)( It f"1,l'C: '.r~"-, rJr-~~""',~-nl n- -,,'\7 A City tree removal pennit ~"al1 he requin:d to r~m,,\'c any Iree. 'iJ~IC','II" rhe r;,II"" jOg '.XCI P f'I(1'.<'; I, Three or fcwersi\tnificanl trces may l>ercmoved from" 1.'1 "'11l-J RS, RI" or l' 'h"I" I,'" .,.,~ 'I' area within any calendar year withnut a pennit; 2. One significant tree may he removed from a lot: a. Zoned RS. RIS or P whIch is Irn'ater ~ t~an 0 ~ ""("I; nr b, Zoned other than RS. RlS or r W'.'.' . ""k'T'dJr "car \\ "'1I>Ilt ,\ ",'nnil. 3. A di~eased or dangw'us tree m3Y he fl"TT10\(..~ \\ J~hnut ;J rt"1mtt in an f'T!'crl','n\.\ C. Tree Replacement Requirement. The iswance of a significant tree remnval pennit requin:<< Ihe rrop':I1V "Wfl~ tn 1(1'1.1'.'(' (':lCh In'!: """"",,1 .., II', t..,,, 1"'" Iren on the same property, Each new tree <hall he at least i! ~ inchl'< tn uliper. ." In"1: rrquirn! by tn.. ,J"\TI"r..".,~t standards ofthe underlying Tnne, Sectian 3.1.. or as a l'onditinn "I' rc'rmil .'rrrm:ll ,11,,11 "","i!\ :1< :I n-rl,c'(""',.,.' '''''' Developed IanRUage for an optional rree miti!!ation fund. To revise a condition of approval I would suggest p1'l'Ccssing the modification nrlnc c"l1lliti"n ,,( "l'l'rO\"1 thl'mt!.h ,',., I." .,,,v ~"".,." lh!!_was_~ed..!o Cfe!lle__thesondi!i~n of)pl'foval a< i5 dnne throuJ!h an} m,,,Jifioli,'n 1'1' a e,'nditipn "r arrro1\ a1. 1.1 08 Partition and Subdivision Standard. ~. I 08.01 Requirements B. Applicable Development Standards. The following standardg ofthe woo <hall '\l'ply to a r..rtition and tn a ",I"Ii':i',"n: ~~Thro.~Jo~lJ!rougb 10_BJhould ~_avoided e~ccpt WhL'l"e e!iscntiallo provide ~cr1ratl(ln nfn-s"kt1li.11,le' "'''rm,~'' tr".., !Dl!.W.Lln!{fi!=_artm.a1s,_t!.soli!lJ~.ri~k_orarchitecturalwallwilh nnti-grnf1iti vurf.1ee. no I,,,,, Ihm (, fi'd (If rrea"" 'hi;' ' !,'\"I '" hcight,'!~Quld be_COl}struc;!ed on_ the rear l'"'rerty line PI' sidc P"'J",,-1v line :Jdj1<:enl'" thc "rt,~al..1' l'O''''':'''1 .Ir,'\,' !I.fl" ':'") 1"'4 V ~ 5. D",n<-tl f,'r JP. II. r "P. ",'J <,;\\'IR /oW'."' t~'r ,-,., '''.fI'..'' I:"" -"". ,I'- (' ..I P \tiE 1 10. Add Portable [oilet provi5ion to 'neWOO. 11. Grndinll Permit 12. Cl'"CU~cy I} If .I>il( ""-'" ,tC'fC ,\ ere -\ ac~tl~. The focus group mentioned a emain number of inehes !lclow grade as being a threshold 10 requiring a grading permit. Thre!hold can al~ !lc aligned with the trigger for a mnovallfill permit hy the Department of State lands, FOI:II! group mentioned developing . .tppearlInee and site ; rcstonItion standards if a 5ite is graded 3lId nol ~dC'lclQPC!l.___~____ _ _._ . Def'ClTc:d to nat fOcus An 1.5 Overlay lone is heinjt pror<'sed ni part "fthe rm",!ie re' jew pm~t'" th:lt ~,l,lf('''''''' 11:1"<1'''''''11'.." itT't'''L'< of . ~up meeting, intc:n:hange Mea, Denicee cpmpik-d ;nfl'rm3Ii"n on Ih/< 'oplC. 'L'cd t" Ie' ,<"1\ \L "'1 I', "I,: \\ "'~, ,~,I '" -.11 . Tpmilanent bam. 14, The focus group was a~ble to allowing I '<fOl1lge undc:f the I overhang of a building, i 5, The focus group I agreed with the I concept of allowing gravel storage in the industrial zones as was _____ La'~w.c:d !1!~h~_\VZO, The focus group mentioned adding ponable toilet provi~ons in the 'OeWer ordinance, I Nm'to add a provision in the I WOO to ~Iale portable toilets j 'lince portable I :::::ted by ./ the City' 5 I Nuisance I Ordinance. i I I I .____-1. -.. Addres1 grading I ~it in lhe WOO to strengthen mleOa. AddmIs tran"portation . impllC.1S of . de\'e1ormrnt. .\<1.1""'5 the i..ue of busin.,..sC'! 0,'1 The flX:U5 [Ul.'up TT"1I.<>ntu."ln..."1i ",'re-tlting c~ r~''''":,,,,t',. fl("\c! ~T'r1l'<Tt r'f""I1"'~ \\ Pc) l r.L,'~ T'P " r \\ po t 'r_t1tc \f~~ r.,..I\.....-J n.l /'- ,1(>.' Talked with Code Enforcement on this item and Ihey <aid Ihal a problt'll1 with allo\\ ,~~ l"'rtah1c tolld< in rcrla;n "':1,-; \\ ," fl, " a homeo~ner would hook up a portable toitet to be u",j by a large numher'..f rt"'Iidl'l1l< In the <am.. "w('llinl'. """uld I"'rt,~,., '"kl<; ,'nh be allowed in the puhlic zone as a temporary use and on RS pn'perties tor a <eh('I)! "...... Should a "~;I" r..view p",<:r,- I'" ,,'q\l"'" II' try to get a better looking and more pennanent I,,-'rtah!e toilet~ Add,,,,, ;<<uc ofl:md'Dpin,'. hufT('r;'1l!'" ,\,111 rL'qu"""1'"'1 " .:..1, 'n'!11 to certain use!! and zones. Portable toilets needs to!lc added to Section 2.20.1,10 undt"l" the li<1 of ilc1ll1 allt'WI~' for Faciliti~ Pllring C"n<lmt-l:nn ',:.11 <,' special permitted use in the IUA, CO, CG, DDC, IP, fL, r:sp, ~NC'. SWIR. and R\':'-;. ),ul "0' in t~C RS. R IS. '" ~s" ....".... Could also allow a portable toilet as a special permitt~ use in all ronrs with a <..tba~k tt<juiml fn'm , ",-.itl""I;31 '1"1' t~ ,r '1<" t..'"'r"'''..... use ofportabJe toilet!!. This would keep the portable to;kt< (~arnnce and smdl) ,wny fTllm ~jLkllfi:tllv \1<...1 1''''I'''''''L'' r'...~.. '. "I !lc an issue about what temporary means l-)ccau'c thp scnlX't di,trict na< I"'rtahlc t",'ct< "1' f"l",t of 'bl' V"'lr Ii., "'"11''''' '"', .,h Facilities During Con~truction 2,203,IO,A Uses Permitred, The use shall be limjl~ to mobile offiers, temp<lrarv rc'WCf equipment. temporary JI<'us;nl! r"r nidlt ',...,nMl\' "",,,,,,",,,..1. I"'rtrl-<'" "',k'<, and equipment storage during construetit'n. ["Facility During Cnmtmetion" is L'urr'"fllly Ii<lt~l." 1 "p""; 11 rem"'!,,,)' .,.'..1 "Ie 'I. \1. CO CG DQC-Ll\]'JC, IP,lL. P/S~'i:-Jr:,_S\y!R~and RMN. hutnt't in the RS. R IS. "f RS'J 1. The Public Works Deplll1Jl1cnt needs to determine the directi{ln ofthi, it<'fT1 in n'''.1' ,.I ,,, h"", inv,,\' L,.l ,he p",,,,,..,1 .....1,.".....,'." "'I nm's to be. The problem is that a grading permit is c;urrcntly no! n:quir~ until a land IJ<(, appliLation i~ "'''mitted 'ilL h ~< ~ .,,,,,,,,,. ,"'n PI.!, ",.., review request. Need a grading petmitto re~ulate the movinjt of Jirt pri('f to ,h<' '''''m,ttal (If a land \I<C af'P1it"1!;pn '"'' ,I". vegetalion on a site UUI be rcmov~ and left in Ihis ~(lnditi"n for a Ion,! peripJ "f ~;"w I'ri.., to> 'lJhm"'al 01 3 1.1I1d \J .,' '1,,,1:<.,""'" "',,, Ir affects the appearanc.: and drainage nn a ~ite, Sla/frecommends addin!! when the Grnd;n~ Pcrm;t j< app!iL-.,Hc. (If ~ ',~ ~')r'f~~,'rl 'n 11". ~ot able to tjoo it tit" ..:h.'pmcnt t..::l,Je \\lll're till' pr"""".J ~(,d,' JIT1l!.,'"""\.nt " ,.... 11,1""40: ,.(1 r:l:l"ll amenJmenf hein~ tT':llre \If .1 rn\ ,I'CO nu.:qw"..:. n l'~("r' ,., ",u..: a '(P ,'r nwnt r"\' '1111 l~' lft,'r ~ I _ ~ , I" I. <I, "'It d ,1,1' '1-1-,. P \tiF ~ hen it wuuld not be .]Jowed to exclude 'Oll1pCtiton as a 'OlKlition of ,ppro" al. laifowinll - i competilm 10 buy ! or lease their bi g i box stlm't. T anthetic, !l8ftty and 1 I smuity standani~ for I vacant buildings. I Have an ordinllllte fi'om the City of I BeavertOll regulating ~the eppeannce, saftty I md security ohacant ---------t _H_ - t--- ___ ____ buil~~ 4. om" R""~ I """"".... i_ I R~h ",,.. oOy I "'...... ...,... """ , of when de!lign ! Clllle1 group meeting, I review would be I _l!riggeml. I _ _____ I Addres the i!lS\Ie I The focus group of when the agreed with staff', I varillllCe to !!Teet approach on this item, right of way and lmproVl:lTletlt I ~imnentl would he tri2~, I I What facton should trig:g:erdcsign reVieW, fa~Jde ch,mges. ncw CI'n,lruLlI"n ile""l~.\rs use, or zone? Which is the review process, Type I, II, or III, r,'r difTermt proJX'<t-d dc, dnrmc!'l" rr'mcld/"~. '.1/,,-' (,.n"o. ." I II).q ,) I. I ,!""r';!l /5, Variance to :trm right of way md improvemen1 -equi=nents I Wrought iron I fenciJlS _ be oonditioned u part of the aJnditiOll4I Ute~ pnx:elS. There is I I not · tri~ for i requiring wrou!lht I iron fencins on ! commercial sit1'5 III! part of tM de!li~ review ----------;~ _..p- 16. Wrought iron 'mce being required lftoulright ~itted :ommm:ial _ mtead of just :onditional uses. Deferred 10 ~t (OCUlI [tI'OUP memng. -_. Mak~ th,e procest for a v~ance or,exception to street impro,:,cmmts an administrative I'n><:t'<s ,f 'I i< rr""<'<<t-d with Tyl'" I :Int! 11 appl!catJon~ (Access Penn!\, Part,lti,on o~ Admn,llstratlve Design. Re~icw /Tlluests), I 'se the same enlt.,.;"n hu1 ch'ln'~C I"" P"'ct""< (n,m .1 pubhc heanns process to an admmlstral1ve declslrln process winch would lower the fee 10 the ;nninp. :Idjustment f<< nf ~ 7/, 1 PI) \'''''<1'< the variance fee ofSI,769,OO, Two new seehons would be adl!ed 10 the T~pe II '\rrlic3tion Rt'tjuir''ll1Cnts <t'\:tinn "" ,I,C \', 11') ,,,.[ "", administrative variance and f'Jl:ception to the ~treet standards would he referred tt' ~, a min<,r \ ar;anee 'nd ~W'1'I'''n. Would need to make revisions IhroughnuI the WOO 10 make the changc O.C. thc ~!".'Cl Jnd "":l""S <;,:'t.tin", pf the I\T), 1\ The aPflC8ls procC!lS would allow an 3dmini~!ratin' dccj,ion tll go I" :\ puhli< he"rin.:' rr'J"t"s', 'he' i',,\ ('""nu' J ",,'1. Section 5,102,06 Minor Variancc s..ectiQn.JJ02,9LMillOr E!c~tio1L_ ____ __ Create a de!lign guideline that ~mmends wroul!ht l/lm fcncinR \"f'T'tUq chain li!'I< kncinl! for fme-ing !h:lt i< \i","r.- ti-,.-" ",-,~t I I -"-.. -----..--- ~ ~ PROPOSED CLARIFICATIONS mOPOSED ;~ODl~ LOC~TI0N - - --- ~lrocus GROUP - - - ---- J PROPOSED CODE OU:IIi;"E ;:'LARIF1CATION ____ I: 20 f~t "m~im~';" :;dth Sa:tion l J().I (\~ B 1 !>-:--;;;I!;~ -I The fOCUll group agreed ..ith Ylaff----':- '-3.104.05Drlveway OImension and Impro\'ement Sl:tnd:tnl., r~p. I. II ,nd III .'"pli'"li"", ,hould be "minimum." '3.'-:?.1 'proJX'sec! codechang~. : B. Dri\cwayS~-n,"gOne(I)N 1\\0 (21 Dwellin\! l ml' ('ice Fi!:IIrr ft.1) I. Paved Driveway \Vidth. h, For a dis'tance of -to or nlore f~('t ht:'fwt"'CT1 t~c al"n'~'~ <::frrX'f nr ..h,If"" '.'t.e..... dn\ L".' 1\ ," .1 the att3cJ.zcd nr l.kt:\cht~ garage (11't1t\\'UY' f' ff?'t'\)pf !~,,.,:m'lm \\ ,tltn. n.!n:tf t,'1hl" P'f~I::"'l'l~ C'~tcri(lr parking r.1d In 1'rn"t pftie g:n.\gc th:\t h.;! .,,, ~~1"t H\+t1\1f1\.ffi" rl;'nrmlWl V.I(!") , C'hcclr. and re\i'IC U~ ,1assitications in the WOO. '""nrrn..tioM n~ to be made n Ihe Health ('are '1M \l\t"lal 't"T'o ic~'1; ((>2) table. 3ection 6.lll4. ['aces 6.1114-1 to 21 Deferred III ne" focus group meeting. Indud" a Jisclaimt'T. (. ,,.......'r'.j..,;!... C'c..-\.r!"r-mcnf PI.I"rn'lt! \\ ,)(), ,~" "( PR\II Wf'() ('rol,"e- \l'\f. bt-!.:l1-f :1~ (,,,, II..'\." 1'.\(;1' ~ ~ROPOSED TEXT CHANGES ;Q~EltiiTI_CRMiGES+~ODE~U~ATJON . Delete "commercial or" after I Section 2.203,11.1.. Pa~ 2.2-24 m.m" and before "industrial" I I I I !. Pro""', '" """" ,.,~ .1 ;;.:.;,. 1.1.'''. p,,, 1.1. " I ~RQ~~~D_<2QDE C_HANGL__ ___ 2.203. t 7 Mobile Food St'rvI~ J, Base of Operations. The Dase of operations for mobile food ser....ice unit~ ~hall be fr"m ft'mmf'rcial f'r inou<trial",n'" {"'- of site! in residential zone'! for the preparation, ;"Jlnlenance, or 't0ra~c arca f,'r mnh,lc "..,<I "'n-c'" units is prohibited, . 2.103.04 Accessory Use The following uses are permitted as accessory uses subjCl:t to "ectil,"' 2,;!O;!1 ftflt! 2.~1~ -- -_.---- -~._------~_.__._- ---"--,-- -"--- ---- v V l ...."1'1'.1"1'\ [",,'H'!'''f''ml"f'lt P1lnnmlrl, \\ r'H' I 'rl!,l!(, OFt ,r T \\ PO l r-ltlC \Jc:.f, I.l'::-kl'l .q Il~ {I,.... P\Cif' (, From: To: Date: Subject: Kristy Olson <atudekris@comcast.net> "Jim Allen" <Jim.Allen@ci.woodburn.or.us> 4/27120077:13 AM Re: Woodburn Development Ordinance amendments CC: George Brice IV <georgebiv@msn.com>, George Brice III <gbrice3@msn.com> Good morning Jim, thank you for your responce. Yes, the parking makes sense and would help us. We have sufficient parking now, however, a joint idea makes sense for future expansion. I wilt get any other comments or suggestions to the planning commission before May 3rd, if there are any additional. Also - I noticed that 'fou have our old address as does Breah (she helped me with a sign issue). Please make sure you have our current address, listed below, for future mailings. Hope to see you soon, thank you again, Kristy Kristy Olson Vice President BRICE CORPORATION 8655 SW Citizens Dr, #104 Wilsonville, OR 97070 Phone 503,682,8012 Fax 503,682.8015 -------------- Original message ---------------------- From: "Jim Allen" <Jim.Allen@ci.woodburn,or,us> > Kristy, > Thank you for the comments, I will forward them to the Planning Commission and ::.- try to 3ddress your concerns. You are also 'Neleome to attend and provide : information to the Planning Commission or City Council if you desire, :-> .> Parking- :> Specifically, as m'j letter stated, I (the Planning CommissIon actually asked for :> input from property owners) was hoping for some specific analysis of the ;> ";oint-use parking" changes that would allow more shared parking spaces. :.> 'Nould this better serie the bUSinesses on your property? > ','Jould there be enm..gh parking? > Are there other changes th3t 'Nouldm;Jrove the WOO? ::his reeds to oe a 'Iery , spec.fic recommer.d3tion, to the e:<act 'Nordlr.g th;Jt jOU believe :s r,eeded]. . .~ HS gr. ? e'l 8'.'1- , ,'-e '/jooc::.;u:n Ce'/c.o;Jl.e,..t J;-o] :-,'],-,,:e \3cQpted 2C(J2) i';]S 3.'.'Iays r3d ;"Jrc', s;or'3 :.Jr .. ,~t==S lJn :"8', 8'N -:-~8 <:r3t~8a ;J"'Q\ 5.:1("'5 '.'.C...... d S'I:P:f~'j ;Crr--8 of ~-e ,~es:gn r~\J:e'.v . = ->>~ssc;s .~'j -'=., -,'] ,"e"l :cr;,-'-' 3 pl.:JC ;,JJU'i) ~o :I :;tdf -e".":;':1 (:~Juc,r;g .~.:..~ C3r~ ,~'-:s~ -~r,j ;~eec ,"'\<; .~"'13 ,~;~\,:e'.', t.i;e\ Tr81.8 :IGL'd a,so be a rj,f~erer...t -.' -~s-,:; ,J 'r:~ ,'.1"'r- "dl~s,r::11 ::;:. ..::: ~'Js -,o;C1c..,re a ~d;)i:C :--c:-J"rg ( :-r:~5t,al J.... ,,~~.rl~S ~...~~ /:! -'~-;"a ''f 'j~'Jer :......l~ c:r'-~r ~I-, 'j'r'Js. so :!:~~ ~:""i ;sro',d ~Gr 3 :: ',:.. - 'J ' ,(: :~j I: 'f':'r d, 45 > > Thanks again, > :> :> Jim Allen, A1CP :> City of Woodburn :> Community Development Director :> 270 Montgomery Street :> Woodburn, OR 97071 :> 503-982-5246 :> :> "We cannot 501\16 problems by using the kind of thinking we used when we created :> them." - Albert Einstein :> :> :> :>:>> Kristy Olson <atudekris@comcast.net> 4/25/2007 1: 16 PM >>> > Good afternoon Jim, > :> Thank you for your recent letter concerning the planning commission's upcoming :> meeting to propose some changes in the development ordinance(s). I had spoken > to Randy Rohman recently regarding a correct understanding of the "change of > use" meaning when it comes to a change of tenant at our shopping center located :> in a commercial general zone. He has yet to get back to me, he was going to :> speak to Randy Scott I believe. In looking at this letter, I still have a > question/concern about a the required applications for a "change of use." It :> appears that the planning commission is requiring any size of space, whether it > be under or over 1,000 sq, ft., to go through a design review process that ::> includes a site plan, street and utilities plan, grading plan and architectural :> drawings, This is timely and expensive to the prospective tenant and the > owner/property manager of a location with multiple retail/service spaces. :> Please clanfy for me. I believe there is a list of excepted uses i > n a commercial general zone and as long as you are within that use, there should :> not be any further requirement or approval by the city planning commission. :> :> We recently had a prospect that was looking to add a family style restaurant to :> a vacant space in our shopping center. (Woodburn Crossing Shopping Center) He > went to the city to get some general information and found out that he would > \leed to complete a full design review application, pay a large fee and complete :.- some street improvements adjacent to our property in order to open the > restaurant. This seems very excessive for him and for us! Again, the :> r~tail/service shopping center is located in a commercial general zone, a > cestaurant is a permitted use, and it 'Nas determ;ned that we had sufficient > parking. ~.leanwhle, we 'tost a significant amount of Income (loss of tenant) due > to tre.nability to walt for city approval and cost of getting architect's and ... engineer's dr8'Nings. It ',vas cost prohibited for the size of the space, As lor,g -. ::;s ':.3 get a ter,ant that ras a bu:;;ness '.vltr.:n t:1e comn;ewal gereral zor,e . c.8rame:er, ;,e ~,...:, a ,:;e(,'n,t for lre desired :mpro',emerts :0 tr.e in:erlor > d ::-e s~ace; :.e ShJL; d :-.ot ha',e :0 do 3r.ything furt:-cr:o :e<Jse our s:).Jces. .. ,::) :258:-8 ~ ,-,~~ : ,11 ~'i ::- S. .f:~ S:5 3~ ~~rr,er."~"--t~~~t "i1"_1t ,'J I ':J.\~se i.;-3 > '~:-J-'':;~ ,~f "3~":"') '3_~2r:eed ~,-.e CliY ZC~jt:, I .~-~ '-e ;:3n::''"'J corr:n~ '.3'.3,c.n - ;t:;t":S:O .:st:;....rcn.t ;'~:.;~er ,~l::~\Jra .}crerc;rJ'r. ~ ~l~..'< /'JU, - ,~ . S"} _' ,\)1 46 > BRICE CORPORATION > 8655 SW Citizens Or #104 > Wilsonvi\\e. OR 97070 > Phone 503.682.8012 > Fax 503.682,8015 47 ~( ',~:'-'C' U :~{ May 1, 2007 ~^A,( 01 2887 I' ;;,' ~ i ' . J .\' ;~ ;( ,,\ . ,I, ; , t' Jim Allen, AICP Community Development Director City of Woodburn 270 Montgomery Street VVoodburn,Oregon 97071 Re: Woodburn Development Ordinance Amendments Response to request for comments Dear Mr. Allen, Thank you for your consideration to forward a copy of the drafted amendments to the Woodburn Development Ordinance (WOO) referenced as "Attachment A" in your letter dated April 19, 2007. We do appr~ciate the opportunity to review the Proposed Policy Changes prior to the public hearing of May 10, 2007 where the Woodburn Planning Commission will consider the proposed amendments. You had specifically requested that Craig Realty Group representatives provide comments relevant to the Proposed Policy Change #3 (3.105.02) General Provisions for Off Street Parking and Loading, which addresses joint parking requirements that are intended to allow more opportunities for shared parking spaces. Mary Graves, Regior al Asset Manager of Craig Realty Group and I reviewed #3 and the other rJroposed Policy Changes. We determined that there were not any apparent concerns ~o our property and the uses at Woodburn Company Stores. We are not offering suggestions of changes that would improve this section of the WOO, at this time. 'We nad equal interest in the review of the Proposed Policy Change #9 (2.203.19)- Temporary Outdoor Marketing and Special Events. The following are general comments that may be relevant to our future ability to coordinate special events within ordinance requirements; reference page 10, Section l. Location and Size. it ;s vitally important to our business model and marketing plan to coordinate and ~ro~cte center wide spec:al events where all stores can participate, in accordance with ti-,e ordinances. Our outdoor sidewalk sale events are an example of such annually held ~'./ents. . ....-.... -_\ -----) , . . l, ... 1 ) ~' ' ~ ) l~ .., 48 Whereas, our tenants are typically limited to the area directly outside of their storefront and between lease lines we do not want to be restricted to these outdoor areas exclusively. We would appreciate th~ flexibility to plan events in other areas of our property, such as designated areas of our parking lots should we determine that this would be plausible and beneficial without hindering our customer parking. Upon completion of the center's build-out of all development phases, the Gross Leasable Area (GLA) will be 383,837 square feet. Our outdoor special event area would Ud iir Ilii.,=d tu 19, i ~2 sq. a. jJer the pioposed ordinance am6ndment that states... "The temoorarv outdoor marketinQ and soecial eve.nt shall be limited to an outdoor area that is no more than (SOfa) of the SQuare foot of Qross floor area of the bui\ding(s) on the prooertv. but in no case shall be limited to less than 200 SQuare feet." Although we certainly understand the intent of mandating a maximum square feet allowance, it is our concern that the (5%) maximum could impede or prevent our ability to have certain outdoor special events. We would like to propose that additional consideration be given to increasing the maximum allowable square footage above (5%) of the gross floor area. We are not informed of the Commission's research that preceded establishing the proposed (5%) amendment. However I as an alternative for discussion purposes we would suggest a maximum allowance closer to (10%) of the gross floor area; especially for properties that do not have shared parking with other businesses. I am available to discuss these comments and other components of the proposed amendments to the Woodburn Development Ordinance (WOO) at any time. You are iJelcome to contact me at 503.981.1900 or teri@woodburncomoanvstores.com. Thank you again for keeping Craig Realty Group apprised of current concerns that are of interest to the Woodburn Planning Commission and for the opportunity to provide 80mments for the WOO draft. Sinr::erely, T ari Sunderland General Manager VVoodburn Company Stores \~G: Steven L, Craig, President & CEO - Craig Realty Group ~.1ary Graves, Regional Asset Manager - Craig Realty Group 49 From: To: Date: Sublect: Mark Wolf <presldentnwres@yahoo.com> Jim AUen <iim,allen@ci.woodburn.or,us> 5114/20078:49 AM New Parking Provisions cc: Nick Harville <nick@woodburnchamber.org> Saturday, 12 May 2007 Good morning Jim, As' mentioned yesterday, , sincerely apologize for being unable to attend the Planning Commission public hearing last Thursday. I was out of town and while I had hoped to be able to get back in time. it was impossible. Because I do not have the personal email addresses of the Woodburn Planning Commissioners, please forward my comments to them. In addition, please add my email address(presidentnwres@yahoo.com) to your general notice mailing list. I did receive your notice dated April 19 regarding this proposed ordinance; however, it goes by snail mail to my Bellevue, WA address. Regarding the proposed ordinance, I would like to thank you and all commissioners for your willingness to make positive modifications. Any improvement is a step forward - and as a local businessperson - I am pleased that you are reaching out to encourage business in this community. From my perspective, that is a major change in philosophy and direction from community leaders. 'hope this is a trend that will continue. While the concept of joint use parking is new in Woodburn, it has been tried and tested in many communities nationally and worldwide. I am extremely familiar with the city of Bellevue, Washington- having served as a planning commissioner (and many other positions) in that community in years past. Their provisions are far more generous than this ordinance; but this proposal is a major step forward. As we have discussed in the past, I have tried to bring a movie theater to Woodburn. I have been thwarted by the parking requirements and the high system development fees. This ordinance would Il11prove the chances of a tr.eater (and other gathering uses) in Woodburn by lessening the land costs necessary to meet the parking requirements. 'Nith the pOSSible exception of the Outlet stores, retail uses in 'Noodburn are "over parked". The ability to "share" stalls allows developers and property owners to provide additional stores that may utilize parking at different ~imes during the day, It also encourages more "mixed-use" projects - a trend that I r.ope continues, And into the downtown. I strongly believe that downtown Woodburn could be easily ,-evitalized by a few simple changes. First and foremost is open and responsive leadership, Secondly is c,ty rial! encouragement with new legislation and economic incentives. Third, is the necessity to understand that concentrated housing must be located downtown. Fourth is the vision to be diHerent. .""nd finally, enough lip ser/iee. As Nike says "Just 00 It", Back ~o ~r,e ;Jroposed parKing changes. Proposed policy 3.105.02 pro'Jides for up to 10% of reqUired jdrk:r.g ,5 pro\i.ded aiong a transit route. I Nould suggest that a proviSion for reser,ed carpool stalls we or ;.j cdrp("ol ;..>rogram :n ~Iace WOUld a,so quailfy for tr.e : t}~',. Ca't~::-,e ~sas si,Q....:d Jiso ~c!l.Je car;Jco\"13n-:,:coi sc:iils pro',.ded on-Site. I ..'ol.....,d ,:;ref':lr to see 're ,:c,r - ~.-"t'J Ce-,e Q)re"t D,'.~c:or ~a\,e tr.e cae,slun Jl..thcrty '3tr.ar :r2n my ;:.ercei'led "red 'ape" Zor:i,.;:} .:..'~> ;---:-,~r,t'::C3ra" ~eas,r) ~ec,s:crs Jre ,Jf~en reql...;ed :i 3 iT8t~er of 24 rour') - r.Jt capab'e Of.'J3,tli'g ~~; ) ~>),jr(j \) "'~'I t2.v ,) ..58. I :.,j'lll J 'S\) "j, ~I~;S~ ~\...~-:t .J.r:~C3t-:(j '3'.:r::an 3 . ~5 ':2 I '11 J"(J'. '.~e ;1);"1 ',il"Jer ~,sL31"~d :~~']n 2~tJ:::;!~t. "'~'j .. :; I" , 'j ._;~:;~ .,r) ,," 1 J ~~ .":~'.'"4 ~.. ,-:,:...,] ..., -)'~~~i~ '~.r:(~ ::'j ;'~ _1~:'-~1."'ce l~r:'I'~ !:C;'~) ~r"',1 '. 1(IJ:..3 50 parcels. Does the 200 feet apply to one parcel in a shopping center (closest one?) or all parcels if they are under the same ownership? I also have a joint parking agreement with the corner across Highway 99E from my center; would this apply to that parcel? Finally. if a shuttle is provided, I would suggest that distance may not be a factor. Md lastly, please provide for a review of the results after implementation. If it is working well; no need for changes. If It is not; allow for changes to improve the intent and implementation. I hope my comments are not burdensome as I believe this proposed legislation is very positive and a welcome improvement to Woodburn's planning for improved livability and business opportunity. mark c. wolf 654 Tukwila Drive Woodburn, Oregon 97071 51 ~~:., -'f'~~~'. < ~...'... , wQ.QQikN i /1 .: ,~ , " ~ , .1 f " ,J I ~ ,\ .; ~ f#n!lA . . June 25. 2007 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie. Finance Diredor {?Jill SUBJECT: 2006-07 Supplemental Budget Adoption RECOMMEN DA liON: Council pass the attached ordinance adopting a supplemental budget. BACKGROUND: At its June 11, 2007 meeting, the Council conducted a hearing to consider revisions to the budget. The attached ordinance, as amended, reflects the Council's direction to staff at the conclusion of the hearing. FINANCIAL IMPACT: Expenditures in all funds increase by $54,946, and Contingencies are decreased by a like amount. After this adjustment, Contingencies in the General Fund will be 10.5% of expenditures. '\'J,_~,~(ja ,k:m ?iCjVt-:;'N: -/ . / , // ,,--,- City Adrrinistrator /~r,' t\J ~( City Attorney I' -:J , ") F' / , ') I Inance-L~ ' 52 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006 - 2007 AND DECLARING AN EMERGENCY. WHEREAS, Oregon State Statute 294.480 allows for the adoption of a supplemental budget during a fiscal year to meet changes in financial planning, and WHEREAS, the Notice of Supplemental Budget Hearing and Financial Summary was published in the Woodburn Independent on June 6,2007 as required under State budget law; and WHEREAS, the City Council held a public hearing on June 11, 2007 to give citizens an opportunity to comment on the proposed 2006-2007 supplemental budget, now, therefore, THE CITY OF WOODBUR1~ ORDAINS AS FOLLOWS: Section 1. That the supplemental budget for fiscal year 2006-2007 is hereby adopted as set forth below, Section 2. That fiscal year 2006-2007 revenues and appropriations are adjusted as follows: Revenues Appropriations GENERAL FUND: Appropriations Adjustments: Non-Departmental: Materials & Services Police Department: Capital Outlay Library: Personnel Services Capital Outlay Parks - Leisure Services: \1aterials & Services Parks - Administration: Personnel Services Community Services - Administration: Personnel Services Capital Outlay Planning: Personnel Scnices Operating Contingmcy 13,946 8,500 50,720 14,000 2,500 3,001 ( 73,.+21) 5.'700 }9,000 ( 43,946) P,l:;-: i - ('Ol \.CIL BlU_ :-:0. ORDl\:.\\CE \:0. 53 Revenues Appropriations BUILDING FUND: Appropriation Adjustment: ~laterials & Services Operating Contingency 2,000 ( 2,000) BONDED DEBT FUND: Appropriation Adjustment: Debt Service - Principal Debt Service - Interest Operating Contingency 84,000 ( 66,000) (18,000) SEWER FUND: Appropriation Adjustments: Wastewater Operations: Materials & Services - Computing Operating Contingency 10,000 ( lO,OOO) Section 3. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist in that appropriation adjustments are necessary to meet estimated expenditures that will need to be paid within the next 30 days and payment cannot be made until such time as appropriations are adopted by the Council and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor Appro\cd as to Form~'I.;V.f/V~~ City Attorney ~L \ j?eQt D te A.PPROVED KA THR Y0I FIGLEY, [\ilA YOR Passed hy the Council Suhmitted to the \Iayor \pprO\ cd by the \layor Filed in the Office of the Recorder .\ rTEST:______ \Iary T I..'nllant, Rccorder City lJf Woodhurn, Oregon P.lL:.C 2 - C()l'~C([ HiLl. :-;(). ORDI:\.\\CE 0Io. 54 /-, !I ~~'--.t<<~ .,., '.' F~TJ. .... . W~QriBURN III':Orrl"lIttJ .,.,~., ~~lB . . June 25, 2007 TO: Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Director YJ;Il SUBJECT: Adopflon of City's 2007-08 Budget RECOMMENDA liON: Council adopt the attached ordinance setting the City of Woodburn I s budget for 2007-08 BACKGROUND & Discussion: On May 19,2007 the Budget Committee concluded their hearing on the City's 2006-07 budget and recommended by a six to one vote that the budget document be forwarded to the City Council for the next phase of the budget process. As required by Oregon Budget Law, the City Council conducted a public hearing on June 11, 2007 to consider a City budget totaling $50,558.720. The Council made no changes to the Budget Committee's recommendation. The Council also considered the Budget Committee's recommendation to impose the full property tax rate allowed by law ($6.0534 per $1,000 of value) and to levy $698,250 for bonded debt, which is excluded from the statutory limitation. The attached ordinance reflects those amounts. FINANCIAL IMPACT: The attached ordinance is consistent with the budget policies adopted by the Budget Committee in January 2007. Agenda Item Review: City Attorne Finane OO? 55 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR 2007-08, MAKING .\PPROPRIA TIONS, tEVYING TAXES, AND DECLARING AN E:\'IERGENCY. THE CITY OF WOODBt:RN ORDAINS AS FOLLOWS: Section 1. That the budget for fiscal year 2007-2008 is hereby adopted as set forth below. Section 2. That taxes provided for in the adopted budget are imposed at the rate of $6.0534 per S 1 ,000 of assessed value for operations and in the amount of $698,250 for bonds; and that these taxes are hereby imposed and categorized for tax year 2007 -2008 upon the assessed value of all taxable property within the City. General Excluded from Government the Limitation $ 6.0534/$1,000 T ax Rate - General Govt. Operations Bonded Debt $ 698,250 Section 3. That the budget amounts for fiscal year 2007-2008, and for the purpoSt:S shown below, are hereby appropriated as follows: GENERAL FUND --- City Council and Mayor City Administrator's Office City Recorder's Office City Attorney's Office Finance Department Ylunicipal Court l\ion-Departmental Interfund Transfer - Transit Fund Interfund Transfer - R.S.V. P. Interfund Transfer - Cable Franchise Fund Interfund Transfer - Street Fund lnterfund Transfer - General Fund CIP Fund lntcrfund Transfer - Information Services Fund [nterfund Transfer - Equipment Replacement Fund Police Department L.ibrary Leisure S<..:niccs Swimming Pool (\)mmllnity Scr"iccs Administration P1:.ll1ni ng [larks \lainkn~\IK-:: Olh:r~\tins (\)tllingcncy !'n L\.L ClE\; FR,\L Fl'. [),\PPROPRl:\ TIO:\S p~\~C \ - (\luncil Bill :"'0. Orllinance :\l). 56 $ 29,742 444,869 64,092 160,934 238,963 164,320 141,825 27 ,507 28,259 2,000 280,000 129,802 2,000 \0,000 4,736,469 974,628 399.896 604,837 J 14,593 556,633 533,()()(} l)39.303 'S I 0, -~J, """J2 GE~ERAL OPERATING RESERVE FUND --- Operating Contingency $ 28,819 TOT AL GENERAL OPERATING RESERVE FUND $ 28,819 TRA~SIT SYSTEM FUND -- Fixed Route Transit System $ 147,641 Dial-a-Ride Program 210,284 Interfund Transfer - Equipment Replacement Fund 9,000 Operating Contingency 29,679 TOT AL TRANSIT SYSTEM FUND APPROPRIATIONS $ 396,604 BUILDING FUND-- Personnel Services $ 308,558 Materials & Services 50,224 Operating Contingency 237,888 TOTAL BUILDING FUND APPROPRIATIONS $ 596,670 SEARCH AND SEIZURE FUND --- Materials & Services $ 5,000 TOT AL SEARCH & SEIZl.JRE FUND APPROPRIATIONS $ 5,000 STATE REVENUE SHARING FUND --- Design Engineering Construction Intcrfund Transfer - Street Fund Debt Service Operating Contingency $ 5,000 263,000 20,000 47,043 46,562 TOTAL STATE REVE1\UE SHARI~G FUND APPROPRIATIONS $ 381,605 HOL'SING REHABILITATION FU~D- Personal Services \L:1tcrials & Scniccs Capital Outlay Operating Conting~ncy S 10,047 100 150,000 673,784 T(YL\L HOCSI);G REHABILlT A TIO~ Ft;:-lO APPROPRIA TIO;";S S 833,931 [)~\'-C 2 . ( '\lunci\ BIll '\". ()rdillal1cc '\0. 57 FEDERAL PROGRAM FUND --- Personal Services ~aterials & Services Operating Contingency TOT AL FEDERAL PROGRAM FUND APPROPRIATIONS CABLE FRANCHISE MANAGEMENT FUND --- Materials & Services Operating Contingency TOT AL CABLE FRANCHISE FUND APPROPRIATIONS STREET FUND --- Street Repair & Maintenance Street Cleaning Street Administration Interfund Transfer - Tech. & Envir. Servo Fd Interfund Transfer - Equipment Replacement Fund Operating Contingency TOT AL STREET FUND APPROPRIATIONS CITY GAS TAX FUND --- Street Maintenance Design Engineering Construction Operating Contingency TOTAL CITY GAS TAX FUND APPROPRIATIONS BO~DED DEBT FLND --- Debt Service - Principal Debt Service - Interest Operating Contingency TOTAL B07\iDED DEBT FLt\D APPROPRIATIO~S B.\:'iCROFT BO:'iD Ft:~D - Operating Contingency TOTAL BA);CROFT BO);D FC:';D APPROPRIA TlONS l)~l~,- , - l~'Ulh.:d 131:1 \() ()rdil1~ncc \l). 58 $ 80,777 13,311 1,010 $ 95,098 $ 20,500 4.483 $ 24,983 $1,099,052 104,555 196,679 239,000 70,000 103,114 $ 1,812,400 $ 4,000 3,000 169,530 23,146 $ 199,676 $ 390,000 275,000 83,077 S 748,077 ) 6.300 5 6,30() ECO~O;\iIlC DEVELOPMENT REVOLVING LOAN FUND --- Construction - Materials & Services $ Debt Service Operating Contingency 5,000 38,398 171.004 TOTAL ECON. DEVLP REV LOAN FUND APPROPRIATIONS POLICE CONSTRUCTION Ft:ND: Design Engineering Construction TOTAL POLICE CONST. FUND APPROPRIATIONS GENERAL FUND CAPITAL IMPROVEMENT FUND --- Construction - Capital Outlay Operating Contingency $ 10,534 300.000 $ 377,802 384 TOT AL GENERAL FUND CAPITAL IMPR V. FUND APPROPRIATIONS SPECIAL ASSESSMENT FUND --- Administration Design Engineering Construction Engineering Construction Operating Contingency $ 1,000 5,000 5,000 155,735 324.318 TOTAL SPECIAL ASSESSMENT FUND APPROPRIATIONS STREET/STOR.c"1 CAPITAL IMPROVEMENT FUND --- Design Engineering Construction Engineering Right-of- Way Construction Operating Contingency $ 409,580 374,460 500 2,603,001 204,217 TOTAL STREET STORM DRAIN CLF, '\PPROPRIATlO~S P \RKS CAPITAL nIPRO\'E:"IE~T FL~D --- Op(:rating Contingency '5 87.+,690 fOT.\L P,\RKS C.\PITAL l\lPRV, FL:\D APPROPRIATIO:\S l)cl::;-: ~ - ("-,lll1C:i Bill ".u ()rdinal1c~ "u. 59 $ 214,402 $ 310,534 $ 378,186 $ 491,053 '53.591.758 S 874,690 TRA~SPORTATION IMPACT FEE FUND --- Design Engineering Construction Operating Contingency $ 100,000 1,022,894 3.191.912 TOTAL TRANSPORTATION IMPACT FEE FUND APPROPRIATIONS $ 4,314,806 STOR\l WATER SYSTEM DEVELOPMENT FU~D --- Design Engineering Construction Engineering Construction Operating Contingency $ 45,000 42,000 491,000 78.225 TOT AL STORM WATER SYS DEVLP. FUND APPROPRIA nONS $ 656,225 Pl'BLIC \VORKS FACILITY EXPANSION/CONST. FUND -- Right of Way - Capital Outlay $ 21,956 Operating Contingency 5.000 TOTAL PUBLIC WORKS FACILITY CONST. FUND APPROPRIATIONS $ 26,956 SEWER CAPITAL IMPROVEMENT FUND --- Debt Service Operating Contingency $ 29,102 62.049 TOTAL SEWER C\PITAL IMPRV FUND APPROPRIATIONS $ 91,151 \VASTE\VATER TREATl\-IENT CONSTRUCTION FUND --- Design Engineering $ Construction Engineering Construction Right of Way Debt Service Operating Contingency 568,000 23,951 440,500 8,780 1,769,131 34.710 TOTAL \VWPT CO~ST, FU~D APPROPRIA T[O~S S 2,845,072 \V\TfR "ELL/DISTRIB. CO:\STRlTTIO~ F[~D-- Design Engineering; Construction Engineering Riuht of \Va\- "" - Construction Inkrfund Deht Service Deht Sen ice Operating Contingcncy S 32,500 -l(l,250 2,500 595,250 250.000 iSO,S78 2,5:\9.127 [() L\L W.\ r~.R ~ Y~TE\l C()~S r. FL ~D :\PPR()PRL\TlO~S P,I~C 5 - ('olll1cil Bill :\0, Ordinance :\0. 'S -+.21 (),5t)5 60 WATER FUND --- Water Supply \1eter Reading/ Accounting Water Administration Interfund Transfer - Tech. & Envir. Servo Fd Interfund Transfer - Equipment Replacement Fund Operating Contingency TOT AL WATER FUND APPROPRIATIONS SEWER FUND- Wastewater Treatment Plant Operations Sewer Administration Sewer Line Maintenance Interfund Transfer - Tech. & Envir. Servo Fd Interfund Transfer - Water Fund Interfund Transfer - Equipment Replacement Fund Operating Contingency TOT AL SEWER FUND APPROPRIA TrONS WATER SYSTEM DEVELOPMENT TRUST FUND --- Design Engineering Construction Debt Service Operating Contingency $1,272,801 265,158 89,700 311,000 35,000 338.854 $ 2,312,513 $ 1,634,301 90,277 256,665 311,000 70,000 70,000 93,866 $ 2,526,109 $ 13,200 306,700 404,319 253,982 TOTAL WATER SYSTEM DEVLP. TRUST FUND APPROPRIATIONS SE\VER SYSTEM DEVELOPi\-IENT TRUST FUND --- Right of Way Construction Debt Service Operating Contingency $ 978,20 I $ 50,000 10,000 589,710 61.971 TOTAL SEWER SYSTE:\1 DEVELP, TReST FL:\D APPROPRIA nONS I~FOR:\IATION SERVICES (IS) FL'~D --- Personal Services \1arcriaIs & Senices Capital Outlay Opcrating Contingency S 711,681 S 244,968 158,350 60,000 25,874 n >T:\l, I"FOR\I.\TIO~ SERVICES Fl'\D ,\PPROPRI:\TIO:\S Pa:,!L' () -l'l)lil1cd Bill \:0. Ordinancc :\u. 61 S 4S9, I \)2 CENTRAL STORES WORKING CAPITAL FUND --- Materials & Services Operating Contingency $ 17,000 4.360 TOT AL CENTRAL STORES WORKING CAP. FUND APPROPRIA nONS SELF-INSURANCE FUND --- Personal Services :'v1aterials & Services Operating Contingency TOTAL SELF-INSURANCE FUND APPROPRIATIONS TECHNICAL & ENVIRONMENTAL SERVICES FUND --- Public Works Administration Engineering Division Central Garage Operating Contingency $ 21,360 $ 14,411 555,350 100.351 $ 670,112 $261,624 905,243 106,607 62.062 TOT AL TECH. & ENVIRONMENTAL SERVo FUND APPROPRIATIONS BUILDING MAINTENANCE FUND --- Personal Services Materials & Services Capital Outlay TO r AL BUILDING MAINTENANCE FUND EQt:IPMENT REPLACEMENT FUND --- Water Equipment Replacement - Cap. Outlay Sewer Equipment Replacement - Cap. Outlay :'vlaintenance Equip, Replacement - Cap. Outlay Transit Equipment Replacement - Cap. Outlay Parks Maintenance Equip. Replacement - Cap. Outlay $ 1,335,536 $ 306,724 373,880 5,658 $ 686,262 $ 147,948 172,754 70,909 11,514 39.935 TOTAL EQLIP~vlE~T REPLACE~1E~T FL:-.iO APPROPRIA nONS UBR\RY E:"lDO"':\IE~T Ft::'IlD- Operating Contingency S 443,060 '5 24,000 TOT,\L LIBRARY E:-;DOW:.,lE~T FL~D ,\PPROPRrA TrONS p~;:-:~ - .. ( ()Lll1cil Blil :\l) (hdinaIKt.: :\0. 62 '5 2-U j()i ) :VUjSEl;M ENDOWMENT FUND- Interfund Transfer - General Fund CIP $ 8,000 Operating Contingency 2,900 TOT AL MUSEUM ENDOWMENT FUND APPROPRIATIONS $ 10,900 TOTAL APPROPRIATIONS -- ALL FUNDS $44,133,159 l'NAPPROPRIA TED REQUIREMENTS: General Fund: Reserve for Buildings Reserve for PERS Transit Fund: Reserve for PERS Building Fund: Reserve for PERS Reserve for Equipment Federal Program Fund: Reserve for PERS Street Fund: Reserve for PERS General Fund Capital Improvement Fund: Fund Balance Reserve - Police Fund Balance Reserve - Building Transportation Impact Fee Fund: Reserve for Future Capacity Stann Water System Development Fund: Reserve for Future Capacity Wastewater Treatment Constmction: Reserve for DEQ Loan \Valcr Well/Distribution Construction Fund: Rcserve for Loan V: ata Fund: Reserve for PERS Sewcr Fund: Rcserve for PERS Water Systcm Development Trust Fund: Reserve for Future Capacity SC\\ cr System Devclopment Trust Fund: RCSCf\C for DEQ Loan T -.:chnical & Environmental SCf\'iccs Fund: Rcst.:rve for PERS Building \1aintenancc Fund: Reserve for PERS rOT.\L L~.\PPROPRIATED REQLIRE'1E~TS -- ,\LL Fl;\iDS 187,000 501,000 14,600 21,830 18,600 4,280 38,176 22,000 10,000 3,191,912 78,224 745,710 754,000 50,918 79,349 253,983 367,290 :-+,141 12,548 S 6,-+25.561 TOT.\L 2007-2008 CITY BLDGET P,l':;\.. ~ - ClHlI1cil Bill :\0. ()rJinancc :\0. S 50,558,720 63 Section 4. That the City Recorder shall certify the tax rate and tax levy to the County Assessor and County Clerk of Marion County, Oregon, and with the Department of Revenue, State of Oregon, along with all required budget documents as finally adopted in accordance with the provisions of the Local Budget Laws of the State of Oregon. Section 5. That if any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered. Section 6. This ordinance being necessary for the public peace, health and safety, in that a hudget for fiscal year 2007 -2008 needs to be adopted by July 1, 2007 in order to continue City services, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to Form~ ,~ I yCJ City Attorney ~\ L\ \ to" 1- Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the i\layor Approved by the \-layor Filed in the Office of the Recorder .\TTEST \Iary Tennant, Recorder City of Wood bum, Oregon P~lgL' 'J - ( 'uuncil Bill :\\J. Ordinance :\0, 64 ~~~~. . A. ~ WQ.QDBURN 1" " " r JI .' r rI It d /,~:J ~ 1J/A~_.J L. IIC rr'~ (~ . . June 22, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Allen, Community Development Director 9{\ SUBJECT: Legislative Amendment 07-01; Woodburn Development Ordinance RECOMMENDATION: Approve the attached Legislative Amendment 07-01, as recommended by the Planning Commission. BACKGROUND: The Woodburn City Council passed Resolution 1745 on December 8, 2003 initiating review of the Woodburn Development Ordinance for a list of provisions and topics. The City Council adopted Ordinance 2383 on March 14, 2005 that addressed a portion of those topics. The Woodburn Planning Commission considered additional topics and revisions to the WDO and recommended adoption of those amendments at its May 24, 2007 public meeting. DISCUSSION: This item will be discussed during the public hearing to address this subject and is presented at this time to expedite the approval process. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. -\ y::r"jJ item Re',;8'N: , [~~1;/ City A<jministratcr ~~ City Attorney __ -, Fir,anceU-J 65 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2313 (THE WOODBURN DEVELOPMENT ORDINANCE) TO MAKE CERTAIN TEXT REVISIONS. WHEREAS, the Woodburn City Council passed Resolution 1745 on December 8, 2003 initiating review of the Woodburn Development Ordinance; and WHEREAS, on March 14, 2005, the Council adopted Ordinance 2383, finalizing some of the revisions outlined in Resolution 1745; and WHEREAS, additional revisions to the Woodburn Development Ordinance were considered by the Woodburn Planning Commission at a public hearing on May 10, 2007; and WHEREAS, the Woodburn Planning Commission made its final recommendation to the Council on May 24, 2007; and WHEREAS, the Council conducted a public hearing on these revisions on June 25, 2007; and WHEREAS, having considered the evidence and information presented, the Council wants to make the necessary amendments to the Woodburn Development Ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this ordinance amendment, all new text is shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e., Eieletod text). After this ordnance amendment is adopted, the Community Development Director shall correct the Woodburn Development Ordinance to incorporate all revisions contained herein. Section 2. Section 2.107.01 .L.3 of Ordinance 2313 (the Woodburn Development Ordinance) is amended to correct the reference to the North f\merican Industry Classification System (NAICS), as follows: "Food Service and drinking places (722) EXCEPT food contractors (72231) and mobile food service." ;:;ogei - COuNCIL BILL NO. ORDI~~ANCE NO. 66 Section 3. Section 2.105.01.E.2 of Ordinance 2313 is amended to exclude videotape and disc rental from the Commercial Office Zone as follows: "Rental & leasing, without outdoor display or storage (532) EXCEPT videotape and disc rental. (532230l" Section 4. Section 2.106.01.\ is amended to authorize the use of "video tape and disc rental" and renumber the existing uses as follows: "1. Real Estate. (531) 2. Video tape and disc rental. (532230) ~. General rental centers (532310) with all outdoor storage and display on a paved surface." Section 5. Table 3.1.2, Off Street Parking Ratio Standards is amended to include "video and tape disc rental" to the list of uses as follows: Table 3.1.2 Off Street Parking Ratio Standards Commercial 1 O. General retail sales a. Motor vehicle parts (444131) b. Health care stores (445) c. Clothing (448) d. Sporting goods (451) e. General merchandise (452) f. Misc. retail (453) g. Video tape and disc rental 532230 Parking Ratio - spaces per activity unit or square feet of gross floor area sf fa 1.0/ 250 sfgfa Use Section 6. Section 3.105.02.\ related to joint use parking areas is amended to read as follows: "1. Joint Use Vehicle Parking 1, A parking area may be used for a loading area during those times when the vehicle parking area is not in use for parking. 2. t'Jo more than 20 percent of the required vehicle parking may be satisfied by joint use of the parking used for another use. Up to 20 percent of the required vehicle parking may be satisfied bv joint use of the parking area that is used for another use that would require the parking durinq the same :='JI;;e 2 - CClit'IClL. BILL NO. ORDIN,AJ\~CE NO, 67 peak hours. An additional amount of ioint use parking, of UP to 20 percent of the required vehicle parking, may be satisfied by ioint use parking that shares a use that would require the parking during alternate peak hours. An additional amount of ioint use parkina, of UP to 10 percent of the required vehicle parking, may be satisfied when the development is located along a transit service route and the development provides transit related uses such as stops. pullouts, and shelters. The determination of the applicability of joint use parking shall be determined as a Zoning Adjustment, a Type II land use permit. 3. The following uses are considered as daytime uses for purposes of ioint use parkina identified in this section: banks. business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing or wholesale buildinas, and other similar primarily daytime uses as determined throuah the Zonina Adiustment review. 4. The following uses are considered as niqhttime or Sunday uses for purposes of ioint use parking identified in this section: auditoriums incidental to a public or private school, churches, bowling alleys, dance halls, theaters, drinking and eating establishments, and other similar primarily niahttime uses as determined through the Zoning Adjustment review. 5. Joint use of parking spaces may be allowed if the following standards are met: a. There shall be no substantial conflict in the principal operating hours of the buildinas or uses for which the ioint use parking is proposed. Future changes of use, such as expansion of a buildina or establishment of hours of operation which conflict with or affect a joint use parkina agreement shall require review and authorization of a subsequent Zoning Adiustment. b. The ioint use parking spaces shall be located no more than 400 feet from a buildinq or use to be served by the ioint use parkina. c. Legal documentation, to the satisfaction of the City Attorney, shall be submitted verifying ioint use parking between the separate developments. Joint use parking agreements may include provisions covering C::].:;;e 3 - COU:"1CiL BILL NO. OROI~~ANCE NO. 68 maintenance, liability. hours of use, and cross easements. d. The City Attorney approved legal documentation shall be recorded by the applicant at the Marion County Recorder's Office and a COpy of the recorded document submitted to the Woodburn Community Development Department prior to issuance of a building permit. " Section 7. Section 2.106.0 1.H is amended as follows: "Finance and insurance (52) EXCEPT pawn shops (522298) and check cashing. pay day loan and €Jft€i cash transfer establishments [other than banks] as a predominant, ancillary, or required supporting use." Section 8. Section 3.105.01.C to Ordinance 2313 is added to read as follows: "C. The Community Development Director may authorize parking for any use not specifically listed in a zone, upon application by the property owner to the Planning Division for a Type II land use decision. The applicant shall submit a site plan showinq the proposed use, an analysis that identifies the parking needs. and a description of how the proposed use is similar to other uses in the lone. The proposed use shall not be listed as a use elsewhere in the WDO. The Director may reauire additional information as needed to document the proposed use is similar to other uses in the zone. Notification of the Director's decision shall be provided as required by WOO Section 4.1. II Section 9. Table 3.1,2, Off street Parking Ratio Standards, is amended to include uses listed in the WDO as follows: TABLE 3.1.2 Off Street Parkin Ratio Standards i Use Parking Ratio - spaces per activity unit or s uare feet of ross floor area RESIDENTIAL ii, Single family or duplex dwelling, including manufactured homes and dwellin s Three or more dwellin units er 2.0/ dwelling unit in a garage 2. 2.0/ dwellin unit :; ;ji? 4 - '::::Cu,'jClL BILL ~~O. CRDI~JANCE i',O. 69 1. 3. 4. 5. 6. a. 2.. lQ. 1l. ]2. u. I I lA, 1 - J..2, Hotels (EXCLUDING casinos) & motels (7211101 Other traveler accommodations (72119) Recreational vehicle (RY) parks 172121 Food and drinkinq places (722) General retail sales a. Motor vehicle parts (444131 ) b. Hoath care Food and beverage stores (445) c. Clothing (448) d. Sporting goods (451) e. General merchandise (452) f. Misc. retail (453) g. Health and personal care stores (446) h. Video tape and disc rental 1532230\ Motor vehicle service a. Gasoline stations (447) b. Automotive repair & maintenance 8111) Personal services (8129) a. Barbers b. Beauticians Offices a. Information (EXCLUDING motion pictures) (51) b. Finance and insurance ::: JJ8 5 - COUNCIL BILL NO, 'JRDiI'LAl'iCE I'JO. 2.01 dwelling unit in a garage 2.0 parking spaces + 1 .0/ guest room unit unit unit unit 2.0 parking spaces + 1 .0/ guest room 2.0 parking spaces + 1 .0/ guest room 2.0 parking spaces + 1 .0/ RY space 10.0 parkinq soaces + 1 .0/ 200 sfqfa 1 .0/ 250 sfgfa 1.0/ 200 retail sfgfa + 3.0/ service bay + 1.0/ pump island greater Greater of: 1 .0/ 350 sfgfa; or 2.0/ service chair 1 ,0/ 350 sfgfa \ 70 (52) c. Real estate (53) d. Professional, scientific and technical [Including lawyers and engineers] (54) e. Administrative and support services (56) f. Social assistance (624) g. Membership organizations (813) EXCLUDING houses of worship ~. General Repair and Service 1 / 500 sfgfa a. Electronic and precision repair (8112) b. Leather goods repair c. Laundry and dry cleaning (8123) II. Indoor Sales and Service of 1/ 900 sfgfa Bulky Merchandise a. Electronics and appliance (443) b. Furniture (442) c. Building materials (444) d. Home goods repair (8114) e. Linen and uniform supply (812331 lli. Sales & Service of Bulky 1 .0/ 400 sfgfa of structure + 1 .0/ 2000 Merchandise sfgfa outdoor display area I a. Motor vehicle dealers (441 ) b. Tractor sales (42182) c, Manufactured dwelling I dealers 1453931 I 19. Deliverv Services One space per deliverv vehicle plus one soace oer emolovee oer shift. i 20, Home Occupations No reduction from dwelling I reouirement is allowed : I 2l. Residential sales office No reduction from dwelling I , reQuirement is allowed i '22, Temporarv residential sales No reduction from dwellina ~',lge 6 - COUNCIL BILL ~~O, CRDINANCE NO. 71 23. Photo finishin 81292 24. Contractors 233 234 235 25. Fabricated metal products manufacturin 26. Temporary outdoor marketing and special events 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Printing and related support activities 323 38. Mail order house (45411} 39. Motor vehicle wrecking yard 423140 423930 INDUSTRIAL Greater of 11 800 sfqfa or 11 employee 1 250 sf fa Greater of 11 700 sfgfa or 11 em 10 ee Greater of 1 / 700 sfgfa or 1 / em 10 ee 1 / 700 retail sfqfa + 1 / 1000 wholesale sf fa 40. Warehousing (493) greator Greater of: a. o to 49,000 49,999 sfgfa Jfa or 1.0/ employee b. 50,000 to 99,000 99,999 fgfa or 1 .0/ employee sfgfa fgfa or 1 .0/ employee c. 100,000 or more sfqfa 111, Self storage 1.0/ 6 storage units, maximum of 6 I spaces 42. Manufacturing groater Greater of: a. o to 49,000 49 , 999 sfgfa o. 1.0/ 800 sfgfa or 1.0/ employee b. 50,000 to 99,000 99,999 b. 1.0/ 1000 sfgfa or sfgfa 1.0/employee c. 100,000 or more sfqfo c. 1.0/ 2000 sfqfa or 1.0/ JOi:J8 7 - COUNCIL BILL NO, ORDINANCE NO. 72 emoloyee 43. Wholesale trade (421, EXCEPT 1 .0/ 700 retail sfgfa + 1 .0/ 1000 42182, and 4221 wholesale sfafa 44. Aqricultural oractices Exempt from the parking renuirements in Section 3.105. 45. Support activities for Rail Greater of: Transportation l 4882101 1 .01 5000 sfgfa or 1 .0/ employee a. o to 49.999 sfgfa 1 .0/ 10,000 sfgfa or 1.01 employee b. 50.000 to 99,999 sfgfa c. 1 .0/ 15,000 sfgfa or 1 .0/ c. 100 000 or more sfafa emnlovee 46. Craft industries Greater of 1 / 800 sfgfa or 1 .0/ emnlovee 47. Telecommunication Facilities Exempt from the parking reauirements in Section 3.105. 48. Recycling Centers (562920) Greater of: a. o to 49 ,999 sfgfa a. 1.0/ 5000 sfafa or 1.0/ b. 50,000 to 99 , 999 sfgfa employee c. 100.000 or more sfgfa b. 1.0/ 10 ,000 sfgfa or 1.0/ employee 1.01 1 5,000 sfgfa or 1.0/ emolovee 49 Truck transportation (484) Greater of: a. o to 49.999 sfgfa 1.0/ 5000 sfgfa or 1,0/ b. 50.000 to 99 ,999 sfgfa employee c, 100,000 or more sfgfa 1.0/ 10,000 sfgfa or 1.0/ employee 1.0/ 1 5,000 sfgfa or 1.0/ emolovee 50. Transit ground transportation 1.0 transit vehicle space per transit (485\ vehicle nlus 1 .0/ emolovee 51. Freight transportation 1 .0/ emoloyee orranaement /48851 OJ PUBLIC AND SEMI-PUBLIC 52. Ambulatory health services 1 .0/ 250 sfgfa [Including doctors and dentists] 1621 ) 53. Hospital (622) 1 .5/ bed 54. Meeting facilities 1.0/ 4 seats or 1.0/ 8 feet of bench or a. Auditorium, Theater (7111 1.0/ 35 sfgfa of the primary assembly & 71112) room b, Motion Picture Theater , [in-door] (512131) c, Arena, Stadium :JC1]e 8 - COUNCIL Bill NO. ORDINAi'lCE NO. 73 d. Funeral Home (81221 ) e. Lodge Hall f. House of Worship 55. General indoor recreation 1 .0/ 200 sfgfa a. Dance hall (71 399} b. Skating rink c. Fitness and recreational sports (71394) 56. Bowling center (71395) 5.0/ alley 57. Golf course (71391) 4.0/ tee 58, Court games [tennis, handball, 3.0/ court + 1.0/ 4 feet of bench racQuetbal1l 59. Day care I 62241 624 U 2.01 careQiver 60. Elementary or middle school 2.01 classroom (6111\ 61. High school 1.01 unit of capacity for 6 students 62. Community college, college, 1.0/ unit of capacity for 4 students business school, trade school, technical school, other instruction [Including dance, driving and language) (6112, 6113, 6114, 6115, 6116) 63. Libraries (51412) 1 .0/ 400 sfgfa 64. Public administration (92) 1 .0/ 350 office sfgfa 65. Parks and playgrounds Minimum of other uses requiring parkina 66. Play or ball field Greater of 15/ field or 1 / 8 feet of bench 67. Community club building and 1 .01 4 seats or 1 .0/ 8 feet of bench or facilities 1.0/ 35 sfgfa of the primary assembly room 68. Accessory government and Greater of 2 or one per employee at public utility buildings and location I structures \ 69. Golf driving range, in 118 driving range tee spaces. \ conjunction with Golf course 170. Postal service 1/ 250 sfafa ! 71. Museum and historic sites (712) 1 .0/ 4 seats or 1 .0/ 8 feet of bench or I EXCEPT zoos, (712130) 1 .0/ 35 sfqfa of the primary assembly I room I 72. Community center 1.0/ 4 seats or 1.0/ 8 feet of bench or 1.01 35 sfafa of the primary assembly - Page 9 - COUi'~C1L BILL NO. ORDINANCE NO. 74 room 73. Taxidermist 1/ 500 stafa 74. Cemetery 10 olus one oer acre A. SOUTHWEST INDUSTRIAL RESERVE SWIR TARGETED EMPLOYMENT INDUSTRIES 75. Printinq, Publishina, and Allied Greater of 1 /700 sfgta or 1.0/ Industries 27 SIC 323 NAICS em 10 ee 76. Stone, Clay, Glass and Concrete Greater of: Products, 32 (SIC), (327 NAICSI a. 1.0/800 sfafa or 1.0/ employee a. 0 to 49,999 sfgfa b. 1.0/ 1,000 sfgfa or 1.0/ b. 50,000 to 99,999 sfgfa employee c. 100,000 or more sfgfa c. 1.0/2,000 sfqfa or 1.0/ em 10 ee Greater of: 77. Fabricated Metal Products. except machinery and Transportation Equipment. 34 (SIC), (333 NAICS) a. 0 to 49 ,999 sfgfa b. 50,000 to 99,999 sfgfa c. 100000 or more sf fa 78. Industrial and Commercial and Machinerv and Computer Equioment. 35 ISIC), (333 and 334 NAICS) a. 0 to 49,999 sfgfa b. 50,000 to 99,999 sfgfa c. 100000 or more sf fa 79. Electronic and Other Electrical Equipment and Components, except Computer Equipment, 36 (SIC), (335 NAICS) a. 0 to 49,999 sfgfa b. 50,000 to 99 ,999 sfgfa c. 100000 or more sf fa 80. Transportation Equipment, 37 (SIC), (336, NAICS) a. 0 to 49 ,999 sfgfa b. 50,000 to 99 ,999 stata c. 100,000 or more sfqfa 81. Motor Freight Transportation and Warehousing, 42 (SIC), (48 and 49 NAICS) a. 0 to 49 999 sf fa r,]ge i 0 -C:JU;\lCll BilL ~,O, ORDiNANCE NO. a. 1.0/800 sfgfa or 1.0/ employee b. 1.0/ 1 ,000 sfafa or 1 .0/ emplovee c. 1.0/ 2,000 sfgfa or 1.01 em 10 ee Greater of: a. 1.0/800 sfgfa or 1.0/ employee b. 1 .0/ 1 ,000 sfgfa or 1 .0/ employee c. 1.0/2,000 sfgfa or 1.0/ em 10 ee Greater of: a. 1.0/800 sfgfa or 1.01 emoloyee b. 1.0/ 1 ,000 sfgfa or 1 .01 employee c. 1.0/2,000 sfgfa or 1.0/ em 10 ee Greater of: a. 1.0/800 sfgfa or 1.0/ emplovee b. 1 .0/1 ,000 sfgfa or 1 .0/ emplovee c. 1.0/2,000 sfgfa or 1.0/ em 10 ee Greater of: a. 1.0/ 5,000 sfgfa or 1.0/ em 10 ee 75 b. 50,000 to 99,999 sfqfa b. 1.0/ 10.000 sfqfa or 1.0/ c. 100,000 or more sfqfa employee c. 1 .0/ 15,000 stqta or 1 .0/ emolovee 82. Wholesale Trade - Durable Greater of: Goods, 50 (SIC\, (421 NAICSl a. o to 49 ,999 sfqfa a. 1 .0/ 5,000 sfgfa or 1.0/ b. 50.000 to 99 ,999 sfqfa employee c. 100,000 or more sfgfa b. 1.01 10,000 sfgfa or 1 .01 employee c. 1 .01 15,000 stgfa or 1 .0/ emolovee 83. Wholesale Trade - non-durable Greater of: goods, 51 (SIC), (422 NAICSl a. o to 49,999 sfqfa a. 1.0/ 5,000 sfqta or 1 .0/ b. 50.000 to 99.999 sfgfa employee c. 100.000 or more sfgfa b. 1.0/ 10.000 sfgfa or 1 .0/ employee c. 1.0/ 15,000 sfgfa or 1 .0/ emolovee 84. Non-Depository Credit 1 .0/ 350 sfgfa Institutions 61 (SIC) {522 NAICS\ 85. Business Services, 73 (SIC). (561 1.0/ 350 sfqfa NAICS) 86. Health Services. 80 (SIC)' (621 1 .01 250 sfqfa NA1CS. Except Ambulance service 621910) 87. Professional Services, 87 (SIC), 1 .0/ 350 sfqfa 1541 NAICSl Section 10. Section 3.106.03.C.1 of Ordinance 2313 is amended to add landscaping standards for the Public and Semi-Public zone as follows: "1. All unpaved land within the off street parking areas, and within 20 feet of the paved edge of off street parking and/or circulation improvements, shall be landscaped in the following proportions: a. RM, P/SP, CO and CG zones: Landscaped area(s) equivalent to 20% of the paved surface area for off street parking and circulation. b. IP, IL, and SWIR zones: Landscaped area(s) equivalent to 10% of the paved surface area for off street parking an circulation," PJ<;je 11 - COliNClL BILL 1'10. CRDINAi'JCE NO. 76 Section 11. Section 3.108.01.B.06 of Ordinance 2313 is added to include new provisions as follows: "6. Through lots. Throuoh lots should be avoided except where essential to provide separation of residential development from maior traffic arterials. A solid brick or architectural wall with anti- graffiti surface, no less than 6 feet or qreater than 7 feet in heioht, should be constructed on the rear property line or side property line adjacent to the arterial or collector street." Section 12. Section 2.203.19 of Ordinance 2313 is amended to read as follows: "2.203.19 Temporary Outdoor Marketing and Special Events Where permitted as a special use, temporary outdoor marketing and special events on private property shall comply with the following use and development standards. A. Uses Permitted are:. Uses permittod shall be limited to marketing the follo'Ning merchandise and services: 1. Arts and crafts 2. Food and beverages, including mobilo food servicos d.l. Seasonal sales of fireworks, Christmas trees, produce or plant materials~ Amusement rides and games~ Entertainment; and Any other merchandise or service:, which is neither accessory to a primary, permanent usa of the subject property nor marketed by employees of that permanent use. Duration. 1. Permitted uses, EXCEPT the seasonal sales, shall be limited to events with a maximum duration of three consecutive days with all goods and temporary facilities and signs removed within 24 hours of closing on the last day of each event. Seasonal sales shall be limited to two events, with each event not exceeding more than 30 consecutive days. Hours of Operation. Each event shall be conducted between the hours of 10:00 a.m. and midnight. On-site Circulation. The use shall not block driveways, entrances or parking aisles. 4.2. a.3. ~.4. B, 2. c. D. E. Parking. .~ :J'J8 : 2 - COUNCiL 31LL ~JO, CRDINi\NCE NO, 77 The required parking for all other uses of the property shall not be diminished below that required by Section 3.105. F. Signs. Signs shall comply with the provisions of Section 3.110, including provisions for temporary siqns contained in Section 3.110.13. G. Setbacks. The use shall conform to all setback standards for the zone. H. Responsibilities. 1. The property owner: a. Shall possess a valid special event permit, Section 5.101.08. for each separate event. b. Shall be responsible for compliance with use standards, crowd and traffic controlL and for sanitation, including rest rooms, waste disposalL and clean up. 2. The operator of a special use shall possess valid certification of compliance for all applicable health, sanitation and safety standards of the City and other applicable jurisdictions. I. Location and Size. The temporary outdoor marketing and special event shall not be located within a public riqht-of-way unless authorized by the appropriate jurisdiction (Woodburn Public Works Department or the Oregon Department of Transportation). The temporary outdoor marketing and special event shall be limited to an outdoor area that is no more than ten percent (10%) of the square foot of gross floor area of the buildinq(s) on the property, but in no case shall be limited to less than 200 square feet. J. Exclusions: Outdoor product display areas shall comply with the standards of Section 2.203.19 .C-H above. Outdoor product display areas are not required to obtain a Temporary Outdoor Marketing and Special Events permit, but are limited to the followinq: 1. Products sold within the primary building. 2. Cover no more than 10% of the gross square footaQe of the buildings on the property. 3. Be located under an eave of the primary structure. 4. Retain a minimum of three (31 feet for pedestrian clearance alonq any adiacent walkway." Section 13. Section 2.109.06.C.l.b of Ordinance 2313 is amended regarding off street parking, maneuvering and storage, as follows: "b. Off street parking, Maneuvering and Storage: ::O.J;e 13 -COUNCIL BILL NO, :JROiNANCE NO. 78 1 ) Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuverina, and storaae areas shall be improved consistent with the followino: i. WOO Section 3.105, except that storaQe areas used for equipment that may damage pavement (metal track equipment, heavy machinery, etc.) may be stored on a gravel-surface storaoe area. II. A Qravel storaqe area shall be adequately desioned, graded. drained. and improved to ensure adequate drainage. A oravel storage area shall be constructed to a minimum of surfacing based on the standard of: six (61 inches of one (11 inch minus Qravel to three (3) inch minus: if three (3) inch minus is used the top two (2) inches shall be one (1) inch minus. The property owner shall maintain a gravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is reauired reQardless of the storage area surface. III. storage areas that are located within the front setback behind a wall shall be screened to a minimum height of 6 feet." Section 14. Section 2.109.06.C.2.c of Ordinance 2313 is amended regarding off street parking, maneuvering and storage as follows: "c. Off Street Parking, Maneuvering and storage: II Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuverinQ. and storaae areas shall be improved consistent with the following: i. WOO Section 3.105, except that storaQe areas used for equipment that may damage pavement (metal track equipment, heavy machinery. etc.) may be stored on a aravel-surface storaae area. II. A qravel storaqe area shall be adequately designed, graded, drained, and improved to ensure adeauate drainaGe. A gravel storaGe area shall be constructed to a minimum of surfacinG based on the standard of: six (6) inches of one (1) inch minus gravel to three 131 inch minus; if three (31 inch minus is used the top two (2) inches shall be one (1 J inch minus. The property owner shall maintain a Gravel storaGe area to ensure continued drainage and dust control. A paved access P:J]e 14 -CCt":t'JC!L BILL i'JO. 0:~OIt'<,A.t"1CE I'-lO. 79 apron to any paved access road is required regardless of the storaoe area surface." Section 15. Section 2.11 0.06.C.l .b of Ordinance 2313 is amended to read as follows: lib. Off Street Parking, Maneuvering and Storage: 1) Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuverinq, and storage areas shall be improved consistent with the following: i. WOO Section 3.105, except that storaqe areas used for equipment that may damage pavement (metal track equipment, heavy machinery, etc.) may be stored on a qravel-surface storage area. II. A oravel storaqe area shall be adequately designed, graded, drained, and improved to ensure adeauate drainaqe. A gravel storaoe area shall be constructed to a minimum of surfacinq based on the standard of: six 16} inches of one (1) inch minus gravel to three (3) inch minus: if three 13} inch minus is used the top two (2) inches shall be one (1) inch minus. The property owner shall maintain a qravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is required regardless of the storage area surface. III. Storage areas that are located within the front setback behind a wall shall be screened to a minimum heioht of 6 feet." Section 16. Section 2.11 0.06.C.2.c of Ordinance 2313 is amended to read as follows: "c, Off Street Parkinq, Maneuvering and Storage: U Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuvering, and storage areas shall be improved consistent with the following: I. WOO Secfion 3. r 05. except that storaGe areas used for equipment that may damage pavement (metal track equipment, heavy machinery, etc.) may be stored on a aravel-surface storaqe area. G~'Je : 5 -COuNCIL BILL NO. ORDINAt'JCE t'lO. 80 II. A gravel storaoe area shall be adequately desioned, graded, drained, and improved to ensure adequate drainaoe. A oravel storaoe area shall be constructed to a minimum of surfacino based on the standard of: six (61 inches of one III inch minus oravel to three (31 inch minus; if three 131 inch minus is used the top two 121 inches shall be one (1) inch minus. The property owner shall maintain a oravel storaoe area to ensure continued drainage and dust control. A paved access apron to any paved access road is reauired regardless of the storage area surface." Section 17. Section 2.111.05.C.l.b of Ordinance 2313 is amended to read as follows: lib. Off Street Parking, Maneuvering and Storage: 1 ) Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuvering. and storaae areas shall be improved consistent with the followina: I. WDO Section 3.105, except that storaqe areas used for eauioment that may damaae pavement (metal track eauipment. heavy machinery. etc.) may be stored on a gravel-surface storage area. II. A mavel storace area shall be adequately designed, graded, drained, and imoroved to ensure adeauate drainaae. A gravel storage area shall be constructed to a minimum of surfacing based on the standard of: six (6) inches of one (11 inch minus gravel to three (3) inch minus: if three (31 inch minus is used the top two (2) inches shall be one (11 inch minus. The property owner shall maintain a oravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is reauired regardless of the storage area surface. III. Storage areas that are located within the front setback behind a wall shall be screened to a minimum heiaht of 6 feeL" Section 18, Section 2.111 ,Q5C .2.c of Ordinance 2313 is amended to read '--~s :0:10\\0'5: PJ'Je 16 -CCUNCIL BILL i'10. ORDIN,A.NCE NO. 81 c. Off street Parking, Maneuvering and Storage: 1 ) Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parkina, maneuvering, and storaae areas shall be improved consistent with the followina: i. WOO Section 3.105, except that storaae areas used for equipment that may damage pavement (metal track equipment, heavy machinery, etc.) may be stored on a aravel-surface storage area. II. A gravel storage area shall be adequately designed, graded, drained, and improved to ensure adequate drainage. A Qravel storage area shall be constructed to a minimum of surfacing based on the standard of: six (6) inches of one III inch minus gravel to three (31 inch minus: if three (3) inch minus is used the top two (2) inches shall be one (1) inch minus. The property owner shall maintain a gravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is required regardless of the storaqe area surface. Section 19. Section 2.114.08.C.l.b of Ordinance 2391 is amended to read as follows: "b. Off Street Parking, Maneuvering and Storage: 1) Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuvering, and storage areas shall be improved consistent with the following: I. WOO Section 3.105, except that storaqe areas used for equipment that may damage pavement (metal track equipment, heavy machinery, etc.1 may be stored on a gravel-surface storaQe area. II. A qravel storaqe area shall be adequatelv desiqned, qraded, drained, and improved to ensure adequate drainage. A gravel storaqe area shall be constructed to a minimum of surfacing based on the standard of: six (6) inches of one (11 inch minus gravel to three (31 inch minus; if three (3) inch minus is used the top two (2) inches shall be one (1) inch minus. The property owner shall maintain a qravel storage area to ensure continued drainage and dust control. A paved access apron to any paved = ':::Je 17 -COUNCIL Bill NO, ORDINANCE NO. 82 access road is required regardless of the storaQe area surface. III. Storage areas that are located within the front setback behind a wall shall be screened to a minimum heiqht of 6 feet." Section 20. Section 2.114.08.C.2.c of Ordinance 2391 is amended to read as follows: "c. Off Street Parking, Maneuvering and Storage: Off street parking and storage shall be prohibited within a required setback EXCEPT for parking and storage adjacent to a wall. All parking, maneuvering, and storage areas shall be improved consistent with the following: i. WOO Section 3.105, exceot that storage areas used for equipment that may damage oavement (metal track equipment, heavy machinery, etc.) may be stored on a gravel-surface storage area. II. A oravel storage area shall be adequately designed, graded, drained, and imoroved to ensure adequate drainage. A gravel storaqe area shall be constructed to a minimum of surfacing based on the standard of: six (6) inches of one (1) inch minus qravel to three (3) inch minus: if three (31 inch minus is used the too two (2) inches shall be one (1) inch minus. The prooerty owner shall maintain a gravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is required reaardless of the storaae area surface. Section 21. Section 2.203.1 O.A of Ordinance 2313 is amended to read as follows: "2,203.10,A Uses Permitted. The use shall be limited to mobile offices, temporary power equipment, temporary housing for night security personnel./. oortable toilets, and equipment storage during construction." Section 22. Section 2.1 02.02.M of Ordinance 2313 is amended to read as ~c!lows: "M, Cocilities Durinq Construction, Subiect to Section 2.203.10." ~:J'Je 18 -COUNCIL BILL NO. ORDIN,A,t'lCE NO. 83 Section 23. Section 2.103.02.1 of Ordinance 2313 is amended to read as follows: "l. Facilities Durina Construction, Subiect to Section 2.203. JO." Section 24. Section 5.101 .03 of Ordinance 2313 is amended to read as follows: "5.101.03 B. gc. GO. GradinQ Permit Applicability. The provisions of a gradina permit shall apply to any of the following: 1 . Any fill, removal, or grading of land identified within the boundaries of the identified regulatory floodplain, 2. Any fill, removal, or grading of land identified within the Riparian Corridor and Wetlands Overlay District (RCWOD), 3. Any fill, removal, or grading of land that requires a permit from the Oregon Department of State Lands, 4. Any fill, removal, or grading of land area that equals or exceeds one (1 .00) acre, or 5. Anv development activity required by the WDO to submit a c;:lradina plan or grading permit. Application Requirements. An application shall include a completed City application form, filing fee and the following exhibit: 1. A Grading Plan for the subject property. Criteria. An application shall be reviewed pursuant to the policies and standards of the Woodburn storm Management Plan, Woodburn Flood Plain Ordinance, Public Works Department and state building code, as applicable. Procedure. Public Works staff shall review the proposal; annotate the Grading Plan and notify the applicant regarding any deficiencies. The Public Works Director shall issue a grading permit for compliant plans." &~. Section 25. Section 5.101.01 of Ordinance 2313 is amended to clarify 'Nr:en Type I Design Review is authorized, as follows: "Design Review of Single Family" GAEl Duplex Residential Dwellings, and Medium Density Residential Buildings A. Purpose. The purpose is to assure compliance with the site development and architectural design standards of Sections 3.1. n. Applicability. -= ::1J8 ~ q - C~l.Ji'lCIL BILL i'lO. CR~(t'J.~~.jCE i'JO. 84 1 . These standards are applicable to the following development: a. Any new Single Family and Duplex Dwellings within an RS, Rl Sand RM zone, approved AFTER the effective date of the WOO, EXCEPT as noted in Section 5.101.0 J .8.2; b. Any exterior alteration of Single Family and Duplex Dwellings located within an RS, R 1 Sand RM zone, EXCEPT as noted in Section 5. J01.0l.8.2: 1) Where the subject dwelling has a prior Type I design review approval; and 2) That is subject to building permit approval. c. Manufactured Dwellings in an approved MDP that are from 1 to 3 acres in area. d. Medium Density Residential Buildings in compliance with Section 3.107.05. e. Facade changes or structural changes requiring a buildina permit but not increasing the size of any existing structures. f. Change of use of a structure. g. Establishment of a use in a building vacant for 6 months or more. 2. Single Family and Duplex Dwellings that are subject to an approved architectural design review process required by a homeowners association and architectural design review CC & R's approved pursuant to Section 3.109.02.E that are equal to or better than WOO architectural design requirements shall be EXCLUDED from the City architectural design review requirements. C. Application Requirements. An application shall include a completed City application form, filing fee and the following exhibits: 1. A complete building permit application, including architectural drawings elevations for facades subject to architectural review standards. 2. Street and Utilities Plan, as applicable. 3. A Grading Permit, EXCLUDING lots within a development [such as a subdivision or PUDl with an approved Grading Permit. 0, Criteria. The criteria are contained in Section 3.107. E. Procedure. City staff shall review the application materials for compliance with the applicable standards of Sections 2.1, 2.2 and 3. J at the time of building permit review. Conforming :; :J']8 20 - C00~,jCIL BILL NO, ORO:t'IANCE NO, 85 plans will be noted on the building permit review checklist. The review shall be conducted in accordance with established building permit processing procedures." Section 26. Section 5.102.02 of Ordinance 2313 is amended to clarify when Type II Design Review is authorized, as follows: "Design Review for All Structures LESS THAN 1000 / 2000 Sq. Ft. A. Purpose. The purpose of Type II design review is to insure compliance with all applicable site development standards and architectural design guidelines of Section 3. J for: 1 . All new structures LESS THAN 1000 sq. ft. of gross floor area in the RS, R1S, RM, CO, CG, DDC, NNC, and P/SP zones, all new structures or additions LESS THAN 2000 square feet of gross floor area in the IP, IL and SWIR zones, and single family and duplex dwellings in the NCOD, but EXCLUDING structures subject to TYPE I Design Review. 2. Any change in use that results in a greater parking requirement. B. Application Reauirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regardinq compliance with criteria, location map and the following additional exhibits: 1 . Street and Utilities Plan, as applicable; 2. Site Design Plan; 3. Grading Plan; and 4. Architectural drawings (plan view and elevations) and materials sample board. C. Criteria. The applicable guidelines and standards of Section 3.1 shall apply and other applicable sections of the WDO." Section 27. Section 5.103.02 of Ordinance 2313 is amended to clarify when Type III Design Review is authorized as follows: "Design Review for All Structures 1000 / 2000 Sq. Ft. OR MORE A. Purpose. The purpose of Type III design review is to insure compliance with the applicable site development standards and architectural design guidelines of Section 3. J for: All new structures or additions 1000 sq. ft. OR MORE of gross floor area in the RS, R 1 S, RM, CO. CG, DDC, NNC, and P ISP zones, all new structures or additions 2000 OR MORE square feet of cross floor area in the IP, IL. and SWIR zones, ':-::Je 21 -':::::('>J~Cii... BILL NO. CRON,A.t'-lCE NO. 86 EXCLUDING structures subject to TYPE I Design Review; and single family and duplex dwellings in the NCOO. B. Application Reauirements. An application shall include a completed City application form, filinQ fee, deeds, notification area map and labels, written narrative statement reqardinq compliance with criteria, location map and the following additional exhibits: 1. Street and Utilities Plan, as applicable; 2. Site Design Plan; 3. Grading Plan; 4. Architectural drawings (plan view and elevations) and materials sample board; and 5. Traffic Impact Analysis, as may be required in compliance with Section 3. J04.0J.8.2. C. Criteria. The criteria are pursuant to the standards and guidelines of Section 3. J. and other applicable sections of the WOO ." Section 28. Section 3.107 .05.A is amended to correct a cross-reference scrivener error as follows: "Guidelines and Standards for Medium Density Residential Buildings A, Applicability. Pursuant to Section 1.102, "Medium Density Residential Building" means any building where the predominant use is multiple family, nursing care or assisted care residential. At the time of application, the applicant shall choose whether the review will be conducted as a Type I review following the procedures of Section 5. J 0 J.O J or as a Type II or III review following the applicable procedures of Section 5. J02.02 or 5.103.02, depending on floor area. 1. For a Type I review, the criteria of Section 3.107.04~.8 shall be read as "shall" and shall be applied as standards. 2. For a Type II or III review, the criteria Section 3.107.045..8 shall be read as "should" and shall be applied as guidelines." Section 29. Section 5.103,12 is amended to read as follows: .. Exception to Street Right of Way and Improvement Requirements A Purpose. The purpose of an exception is to allow a deviation from a WOO development standard required for the functional classification of the street identified in the .:: TJe 22 -CG1.JNC!L Bill NO, OR21'-lANCE 1'jO, 87 Transportation System Plan cited in Section 3.101.02 in coniunction with a development proposal that is a Tvpe III application. S. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and utility Plan as applicable; 2. Site Plan; and 3. A "rough proportionality" report prepared by a qualified civil or traffic engineer addressing the approval criteria. C. Criteria. 1. The estimated extent. on a quantitative basis, to which the rights of way and improvements will be used by persons served by the building or development, whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development; 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights of way and improvements will be a part; and 4, The estimated level, on a quantitative basis, of rights of way and improvements needed to mitigate the estimated impact on the public infrastructure system. D. Proportionate Reduction in Standards An exception to reduce a street right of way or cross section requirement below the functional classification standard may be approved when a lesser standard is justified based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. 'Nhon a lossor standard, subject to Section 3.101.02.F, is justified basad on tho naturo and oxtont of tho impacts of tho proposed development, an exception to reduce a stroet right of way or cross section requirement may be approved. t'~o exception may be granted from applicable construction specifications. E. Minimum Standards. To assure a safe and functional street with capacity to meet current demands and to assure safety for vehicles, bicyclists :J:J]e 23 -COL.:NClL BILL NO, O~D!NANCE NO. 88 and pedestrians, as well as other forms of non-vehicular traffic, there are minimum standards for right of way and improvement that must be provided. The minimum street improvement standard is identified in 3.1 01.02.D. Deviation from these minimum standards may only be considered by a variance procedure, Section 5. J03. J J." Section 30. Section 5.102.06 of is added to Ordinance 2313 to create a Type II review for a street exception done in conjunction with an application that would otherwise be reviewed pursuant to the Type II procedure as follows: "S.102.06 Exceotion to Street Rlaht of Way and Imorovement Reauirements A. Purpose. The purpose of an exception is to allow a deviation from a WOO development standard required for the functional classification of the street identified in the Transportation System Plan. An exception for a development otherwise reviewed as a Type I or II application shall be considered as a Type II application. B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels. written narrative statement reaarding compliance with criteria. location map and the following additional exhibits: 1. Street and Utility Plan as applicable: 2. Site Plan; and 3. A "rough proportionality" report prepared by a qualified civil or traffic engineer addressina the approval criteria. C, Criteria. 1. The estimated extent. on a Quantitative basis. to which the rights of way and improvements will be used by persons served by the building or development. whether the use is for safety or convenience; 2. The estimated level, on a Quantitative basis, of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development: 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights of way and improvements will be a part; and 4. The estimated level, on a Quantitative basis, of riahts of way and improvements needed to mitigate the estimated impact on the public infrastructure system. :-''::':;)824 -COuNCIL BILL r--JO, ORO:r--IAi'JCE NO. 89 D. Proportionate Reduction in Standards An exception to reduce a street riqht of way or cross section requirement below the functional classification standard may be approved when a lesser standard is iustified based on the nature and extent of the impacts of the proposed development. No exception may be qranted from a pplica ble construction specifications. E. Minimum Standards. To assure a safe and functional street with capacity to meet current demands and to assure safety for vehicles, bicyclists and pedestrians, as well as other forms of non-vehicular traffic, there are minimum standards for right of way and improvement that must be provided. The minimum street improvement standard is identified in 3.1 01.02.D. Deviation from these minimum standards may only be considered by a variance procedure. Section 5. J03. J J ." Section 31. Section 3.1 01.02.D.l.b of Ordinance 2313 is amended to clarify connecting street minimum improvements as follows: lib. Street Improvement Standard. The full street improvement for the subject street classification, Section 3. J01.03, shall be provided for a connecting street segment without an approved exception or variance. The minimum connecting street improvement standard shall be equivalent to: 1) One, ~ lQ foot wide travel lane in each direction, in addition to the required curbs, where the classification specifies a maximum standard of two travel lanes; 2) Required drainage facilities; 3) The pedestrian and bikeway facilities located on one side of the street that comply with the standards for the subject street classification. In locations where the street classification specifies a maximum standard of two travel lanes, the connecting segment on the side with the pedestrian/bikeway facilities shall be completed to standards. including the landscaped parkway strip." Section 32. Section 3.1 01.02.D.2.b of Ordinance 2313 is amended to clarify minimum boundary street improvements as follows: "b, Street Improvement Standard. The full street improvement for the subject street classification. Section 3.101.03. shall be provided for a ~:Jge 25 -C,:)UNClL BILL NO, ORDINANCE NO, 90 connecting street segment without an approved exception-ef variance. The minimum connecting street improvement standard shall be equivalent to: 1) One, +2 lQ foot wide travel lane in each direction, in addition to the required curbs, where the classification specifies a maximum standard of two travel lanes; 2) Required drainage facilities; and 3) In addition to the improvements cited in 1) above, the full improvement of the street from the center line to the boundary of the subject property plus any center turn lane as described for the street classification." Section 33. Section 3.1 04.05.B.l.b of Ordinance 2313 is amended to read as follows: liB. Driveway Serving One (1) or Two (2) Dwelling Units. (See Figure 6.7) 1, Paved Driveway Width. a. For a distance less than 40 feet between the access street or shared access driveway and the attached or detached garage doorway: 1) 20 feet minimum and 26 feet maximum width for a garage with a doorway(s) to serve entry by not more than two vehicles at one time; and 2) 20 feet minimum and up to a 30 feet maximum width for a garage with doorway(s) to serve entry by three vehicles at one time provided the maximum width shall not exceed 50 percent of the lot frontage serving the driveway entrance. b. For a distance of 40 or more feet between the access street or shared access driveway and the attached or detached garage doorway: 12 feet minimum width, flared to the required exterior parking pad in front of the garage that is 20 feet maximum minimum width." Section 34. Section 2.203,17 ,J of Ordinance 2313 is amended to clarify wnere mobile food service operations may occur, as follows: .. J. Base of Operations. The base of operations for mobile food service units shall be from commercial or industrial lones. Use of sites in residential zones for the preparation, maintenance, or storage area for mobile food ser'/ice units is prohibited. P :J]e 26 - COUNCIL BILL NO. ORDINAt'lCE NO. 91 Section 35. Section 2.103.04 of Ordinance 2313 is amended to correct a cross-reference error as follows: "2.103,04 Accessory Uses The following uses are permitted as accessory uses subject to Sectlons 2.2~1: and 2.203. A. Garage with a maximum capacity of three cars (or carport with a maximum capacity of two cars in the case of a manufactured home). B. Fence or free standing wall. C. Greenhouse or hobby shop." Section 36. The amendments and revisions made by this Ordinance are justified and explained by the Legislative Findings which are attached hereto as Exhibit "A" and incorporated herein by this reference. Section 37. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant. City Recorder City of Woodburn, Oregon F'Jge 27 -COuNCIL BILL NO. ORDINANCE NO. 92 LhUIUIl ~ CITY OF WOODBURN, OREGON STAFF REPORT to: The Woodburn City Council June 21,2007 LEGISLATIVE AMENDMENT File: LA 2007-01 PROJECT INFORMATION: APPLICANT: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Application Commenced: 120-Day Rule Deadline: Staff contact: By City Council Resolution No. 1745, passed December 8, 2003 Legislative amendment not subject to 120-Day time line. Jim Allen, Community Development Director Recommendation: Conduct public hearing to receive public testimony, consider Planning Commission and Staff recommendation for adoption of amendments to the Woodburn Development Ordinance. NA TURE OF THE APPLICATION: A legislative amendment to consider text changes to the Woodburn Development Ordinance. The Woodburn Development Ordinance would be amended as follows: · Designate in which zones a video rental business is allowed. · Allow shared parking for day and night users of parking areas and allow additional shared parking in conjunction with transit-related improvements. · Clarify finance and insurance uses in the Commercial General zone. · Clarify parking requirements for uses not listed in parking requirements table. · Add parking lot landscaping standard for the P/SP zone. · Establish standard for a buffer wall along a street for a residential development. · Clarify storage and display of merchandise areas. Add provisions to allow gravel parking areas under certain circumstances. · Add portable toilets as a use allowed during constmction in certain zones. · Clarify what development activity requires a grading permit. · Clarify what development activity requires design review. · Simplify the process for review of street improvements and an exception to street improvement standards. · Revise the minimum street improvement standard. · Clarify the driveway minimum width of a driveway. · Clarify the location authorized for mobile food service units. · Clarify the regulations accessory stmctures are authorized under. The Planning Commission also recommends that the City Council take no action Oil -:stOJblishing limitations on bu~inessl.:s not allowing competitors to buy or ICOJse vacant "Big-Box Stor~s". 93 The Planning Commission deferred for future consideration after review and recommendation by the appointed Focus Group the following topics: . Significant Tree Conservation, . Concurrency, and . Wrought Iron Fencing. RELEV ANT FACTS: The review of the Woodburn Development Ordinance (WOO) is required periodically in order to maintain current with new state and / or federal laws and rules, case precedents, scrivener errors, interpretations, or other changes in circumstances. 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 ~umber 1745. The current evaluation is a review of, and recommendation on, most of the remainder of the list of topics initiated by the City Council. RELEV ANT APPROVAL CRITERIA: Page [WOO 4.10 1.06.E] Type V Legislative Decisions ........................................................2 [WOO 1.101.08] Annual Review of the WDO ......................................................... 3 [WDO 4.101.09 .A. 3] Type V Notices ...............................................................................3 Comprehensive Plan Policy Consistency .................................................................................... 4 ANALYSIS AND FINDINGS OF FACT: 1. Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, zoning maps or some other component of any of these documents where changes are such a size, diversity of ownership or interest as to be legislative in nature under state law. Included are large scale annexations, and adopting or amending the comprehensive plan text or the WDO. The Planning Commission holds an initial public hearing on the proposal prior to making a recommendation to the City Council. The City Council then holds a final de novo public hearing and makes the City's final decision. Public Notice is provided for all public hearings (Section 4.101.09). The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. [WOO 4.101.06.E] Findings: The Woodburn City Council adopted Ordinance Number 2313 that became effective on July 1, 2002. The Woodburn City Council passed Resolution Number 1745 on December 8, 2003 Lhat included a list of topics to be considered by the Planning Commission with a recommendation to the City Council for adoption or amendment to the Woodburn Development Ordinance. Some of the topics identified in Resolution 0iumber 1745 were considered in the year 2005 and adopted by Ordinance Kumber 2383 on March 16,2005. Much of the remaining topics were not forwarded from the Planning Commission to the City Council at that time. The topics before Planning Commission Jnd City Council at this time are most of the remaining of the topics identified by Resolution Number \ -:-,+5. as shown for the text amendments to the Woodburn Development Ordinance (WOO) Update un Attachment 8, The Planning Commission conducted a public hearing on May 10, 2007 and ,,:ol1s1daed I.:vidence and testimony regarding the text changes. The Planning Commission completed final deliberations on May 24, 2007. The City Council is scheduled to conduct a public hearing on June 25, 2007 to consider the recommendation of the Planning Commission and testimony regarding the identified text amendments. This legislative action was initiated through the procedures outlined 1 n ~he \V oodburn Development Ordinance for this type of action. \Ltny of the provisions included \vithin this Legislative Amendment clarify or deregulate current t~ru\i"ions contained in the Woodburn Development Ordinance. Specifically, the joint use parking -undards recommended by the Planning Commission provide opportunities for shared parking arC;lS. l [)()CC:-'IE-l JA\CL-I.\VOO'LOCALS-1Tcmp\XPgrpwisc\CC StaffRcport.doc 2 94 the parking table clarifies each use listed within the WDO, and the outdoor display areas authorize and clarify such provisions while addressing public safety and accessibility to businesses. The design review provisions drafted clarify which processes are needed to be completed and deregulate the current provisions. The street exception provisions deregulate and establish simplified provisions for projects. Implementation of these drafted provisions is a timely matter due to the seasonality of I.:onstruction activity and the ability of certain aspects of development to occur. It is appropriate to make these provisions effective as soon as possible in order to provide for clarity and timeliness of implementation to the citizens of the City of Woodburn. 2. The Community Development Director shall maintain a list of potential modifications of the WOO due to new state and I or federal laws and rules, case law precedents, scrivener errors, interpretation, or other changes in circumstance. The Director shall report these matters to the City Council at its first regular meeting in the month of November so that the Council may consider initiating appropriate measures to modify the WOO. [WDO 1.101.08] Findings: The identified text amendments to the Woodburn Development Ordinance were previously identified and the WDO should be updated to more appropriately reflect the needs of the citizens of the City of Woodburn based on changes in laws, improved efficiencies of operations, and omissions that are currently in the ordinance. This legislative action was initiated by action of the City Council, as contained in Resolution 1745. 3. Type V. At least 20 days before an initial evidentiary public hearing at which a Type V decision is to be considered, the Director shall issue a public notice that conforms to the requirements of this subsection and any applicable state statute. Notice shall be sent to affected governmental entities, special districts, providers of urban services, the Oregon Department of Transportation and any affected recognized neighborhood associations and any party who has requested in writing such notice. [WDO 4.101.09.A.3] A. Published Notice. Type IV and V The Community Development Director shall publish a notice of a Type IV or V public hearing as described in this subsection, unless otherwise specified by statute. The notice shall be published in a newspaper of general circulation within the City at least 7 days prior to the hearing. Such notice shall consist of: 1. The time, date and location of the public hearing; 2. The address or other easily understood location of the subject property and the City-assigned planning file number; 3. A summary of the principal features of the application or legislative proposal; and 4. Any other information required by statute for an annexation or other hearin~ procedure. [WDO 4.101.09.c) Findings: :\otification of the legislative amendment was provided to the Oregon Department of Land Conservation and Development (OLeO) on March 23, 2007, consistent with the requirements for a Pust Acknowledgement Plan Amendment notification contained in Oregon Revised Statutes 197.610 ,md Oregon Administrative Rule 660, Division 18. The notice was provided 48 days prior to the first -:\ ld..::ntiary hearing, meeting the -l-5-day minimum statutory requirement. A certificate of mailing of tile required notlce to the DLCD is provided in the record. ['he Pbnning Commission conducted a work session regarding the proposed text amendments during the PlJnning Commission' s regular meding of April 12, 2007. '\l1tltication of the legisbtivc Jmendment was published in the Woodburn [ndependent ~ewspaper . 11 .\pril IS. 2UU-:-. 22 JJ)S prior to thc pubic hearing, ~iS presented with In Affidavit of Publication :.Ii,,'d :\pnl Ix. :Ol)~. . :)(ll l \1! ; j\'\l L.,t "\I)(lLI)( .\L'i l [':mp\I\;rp'Ch":CC'itJrrRcpuI1duc -' 95 ;-";otification of the legislative amendment was individually mailed to owners of property zoned Commercial Office on April 19, 2007 as a result of requirements under statutory provisions related to "~1easure 56" notification. Mailing certifications are included in the record. A letter and a copy of the draft text amendments were provided on April 19, 2007 to property owners of malls within the City of Woodburn where owner contact information was available. An individual letter and request for comments was specifically requested regarding the matter of parking areas and Joint use parking. Mailing certifications are included in the record. Attached to this report are \Hitten responses received during the public hearing proceedings before the Planning Commission. All notification contained information regarding the time, date, and location of the pubic hearings, the tile number, the staff contact for questions or submission of testimony. All notification also included a summary of the proposed text amendments. Mailing certificates and publication affidavits are included in the record for notification verification. All notification documents provided information regarding the public hearing procedures and how to review or obtain copies of the documents to be considered. Notification requirements consistent with the provisions of the Woodburn Development Ordinance and statutory requirements were met for this legislative amendment to the Woodburn Development Ordinance. Comprehensive Plan Policy Consistencv 4. Policy 8-1. It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases of the land use planning process. Since the city is trying to plan the community in accordance with the community's benefit, it is essential that the community be consulted at all stages of the planning process. [Policy B-1] Findings: The State of Oregon Department of Land Conservation and Development was provided notification 48 days prior to the Planning Commission public hearing of the proposed text amendments. The DLCD provides other potentially interested parties the opportunity to review text amendments from local governments throughout the state. Notification was individually provided to owners of property within the Commercial General zone, as a result of specific changes in that zone that required individual notice under Oregon Statute. Notification of the proposed text amendments was published in the Woodburn Independent newspaper 22 days prior to the Planning Commission publit: hearing. The Planning Commission conducted a work session on the topic identified in the legislative amendment at the public meeting of April 12,2007 that was a regularly scheduled meeting of the Planning Commission. Specific property owners were provided individual notice regarding the possibility of joint use parking areas. 5. Woodburn shall coordinate with affected state agencies regarding proposed comprehensive plan and land use regulation amendments, as required by state law. (a) The state agency most interested in land use is the Oregon Department of Land Conservation and Development (DLCD). Woodburn shall notify DLCD 45 days in advance of the first hearing before the Planning commission of proposed comprehensive plan or development ordinance amendments. [Policy 8-2(a)) Findings: ;';otification and a copy of the text amendments were provided to the DLCD, consistent with this policy as documented in the record. 6. Encourage innll and redevelopment or existing commercial areas within the community, as well as nodal neighborhood centers, to meet future commercial development needs. Goal F-IJ Findll1gs: The text ;]mcndmcnts include provisions that could stimulate redevelopment. Proposed Pullcy change :;3, regarding Off Street Parking and Load specifically would authorize additional ,In:as to be "shari.:d" for purposes of determining the minimum number of parking spaces that must be esrablished for each llse. Additional provisions are identified in the draft that would allow more ( D()C{::VIE~ I JA:\Cl-l.WUO LOCALS-l ,Temp XPgrp"" is<:\CC Staff Rcport.doc 4 96 shared parking spaces in conjunction with development along a transit facility where transit facilities are provided. Proposed Policy Change #15 would streamline the process for review of street standards. This is particularly important for infill development in areas where streets are constructed at a level that does not meet the current cross-section standard of the WDO. Both of these could be significant in encouraging infill development throughout the city and be consistent with this policy. 7. The City's policy is to accommodate industrial and commercial growth consistent with the 2001 Woodburn Economic Opportunities Analysis (EOA). [Policy G1.7] \Voodburn'g policy is to diversify the local economy. Woodburn seeks to diversify the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors, but a choice in employment opportunities that in turn allows for the diversification in income types. [Policy G 1.8} Findings: The Proposed Policy Change #3 and #15 previously discussed also would benefit industrial and commercial growth in that land use review process time lines reduced and costs reduced would make development more cost effective and appealing to businesses. This could bring additional businesses to the City of Woodburn, which could provide a more diverse employment base for the residents and employees within the city. The proposed text amendments would be consistent with these policies. A TT ACHl\'lENTS Attachment A - Planning Commission Final Order and recommendation of May 24, 2007 Attachment B - Policy change questions and process for review Attachment C - Email response received from Kristy Olson (Woodburn Crossing) Attachment D - Letter from Teri Sunderland, General Manager, Woodburn Company Stores Attachment E - Email response received from Mark C. Wolf (654 Tukwila Drive) c' DOCL:YIE-l J.\:\CL-.l.\VOO LOCALS-l T-:mpXPgrpwisc\CC Staff Rcport.doc 5 97 l~ THE PLA~~Il~G CO~'~"SSIO~ OF WOODBUR~, OREGO~ LEGlSL.\ TIVE .\:\lE~D:\lE~T 07-01 Amending the \V oodburn Development Ordinance ) ) ) ) F1~AL ORDER WHEREAS, a proposal was initiated by the Woodburn City Council to considcr rC\iision of the text of the Woodburn Dcvdopment Ordinance (WDO), and~ WHEREAS, notitication of the public hearings to considcr the proposed h:xt amcndmcnts were provided consistent with State Law and WDO provisions, and; WHEREAS, the Planning Commission conducted a work session on April 12, 2007 to review a portion of the topics initiated by the City Council, and; \"HEREAS, the Planning Commission conducted a public hearing on ~ay 10,2007 and considered the written and oral testimony presented by staff and other interested persons, and; \VHEREAS, the Planning Commission closed the public hearing, and; WHEREAS, the Planning Commission moved to recommend that the City Council approve revisions to the WOO and instructed staff to prepare a tinal order to substantiate the Commission's decision. ~OW, THEREFORE, IT IS HEREBY ORDERED BY THE CO~I~IISSIO:'i: rh~ Ph.l.:Lning COll\mi~sion h~rchy recommends that thc City Council adopt thc draft rcvisions to {he \\-'00 as conlaincJ in Exhibit" X', based on thc tindings cuntained in the statl' report idemiticd as E:(hibit --8", which arc attached hereto anJ by rcfcn:ncc incc,rporatl:J hcn:in. .\pP[I)\cd: ~cL; '- Datt.:: __~!~~h_?:_ __ Cbuuio Lima, Chairperson ,', :' ~ I ~ . :,.., ;: .:.. ,\', " \:-; i--: --:: " .: ~. ~ : ( "_, \ I /" ) L 98 ~OPOS~D POLICY CHANCr.s ~ROPOSED ffSsuE 10 BE . ~!JCY q!ANGlL+.M!~SED I. Make ban and I The Woodburn Section taverns a Zoning OrdilJalla 2.I07.0\.l.3. Page :onditional use in prohibited ban and 12.1-53 the DOC di~trict. ' IaVenIs in tile DOC di5lrict Ban and Inems _ allowed in the DOC district per the WOO. I Wu !hi! provision SIIJlI)O!elf 10 be changed with the ! adoption ohlle : WOO? ' I If the bar and I ta\'el1l use I! removed from the DOC zone, Ihen~ L mi<:robrew bu5i_ would not be al~ed. __ _ The WOO I ==ifies Table~3.1.2. Pa[!C business with an 3.1-3_ office use and /' ~ated office (Add the video rental park~ng I bU5i~ use to the n;qwremenl. The I gmenI retail saId VIdeo rental ! raning I'l!quiremenl busllle5! operates ! '!<<fioo of the more hlce a retail I \\'00) use than an office I . use. Code n<<d~ to : be rni~ to I refla:r this. i Remove the ,ideo . rental bu...neoos u.e from the "CommCTI:ial Office:" rone. CODE LOCATION 2. Provide a parlting ~t and designate in which zones a video rental business is allowed. Section ~.I (15.01. F 2. Pa!!c 2./..11 . Add the video rental bu~in'''s u.c to the CG 70ne as an outri I!ht r<'"11ittCd \I<e Secti<,n ~.IIV. Ol I. PCl~e~ 1'.lR FOCUS GROUP The fOCll! group met Ion Man:h 23, 2006 and decided that Drinking Places should be outright permitted in the DOC ZOIIe unle5! the Police Otief could convince them that the negative impact of a drinlring place would require a conditional use process. The focus group agre\!d wilh !tatrs ~ code chan!!". ; C"""""'!n'r\ P....\rl, rMC"'r:f Pl.mni".;. \\l)(ll r-l.1f(" nR \f 1 \\t'l4:l {'r<41!l' \'(~ [.It--\../14I)l n~ t~,_'\' woo l:POA n: C\IEASI.:RE ~6 REQt:/RE[}) PROPOSED CODE CHANGE Section 2.I07.oJ Pcnnilted l's~ L Accommodation & Food Service 3. Food service and drinking plan:.. (7~2) FXCFPT food c.'ntractl'fS (7]]' I). nrinkinl.~ pr,Ct" (1.'].,) ,nd ",,,h,i<' !; ...' 'cn ".t' Section 2.107.03 ('<,n<lilional Uses A. '" G. Prinkin.&..Ptllc~i72)~J H~ Q(wemmenl and pubic utility buildings and slnl\;turC5 fXCFPT us('< pcrmitl,'d in '>''(IJ"n ~ 1 n- () I .In.\ 'de,. .nCl' '"'' ,li,," facilities subject to SCl.1ion 2.21).1.03. a e .1. tse allO SInn a . f P,rkingRatlo - spnces'pcractivitv unit <'r <quare feet "f )..'T1'SS n(l<'r area ___ .tsfgfa)_ _ ,- _ -.- l________ , - : 1.n 2~'l sf~fa ! treet a In COMMERCIAL 10-:- -OeneT:ilretailsalcs -- a. Motor vehicle parts (444131) b. Health care ~on-s (445) c. Clothing (448) d. Sporting goods (451) e. General merchandise (452) I f. Misc. retail (453) g.-'yi~eQ.-,ape_and disc,rental (Sm}.O) 0\ 0\ !- ~-~ ~~_._--- 2.105.01 Permincd l'ses I E. Real Estate'" Rl-ntal & leasin\! I. Real Estate. (53!) 2. Rental & Leasing. without (1\1rd""rdi'rl.l~'\'f ~t,'r,,!el'i1:') F:\c'FPr \,,'en "re .11',1 .!, " ro.....f 1,1"',,) 2.106.0 I Pcnnitll-d L'ses I. Real hlate and Rental and l.:a,inl! I. Real Estate. (5-' I) ~ ViJl'll tape .md Ji<e rentar. (51]' 1('1 J. (Jenl'ral fl~l1lJl \..~nh"N t:;~""I.'!(I) \\111, dll,J' h,,,r '!"r :~. ,.,,11' _l,l\"" " ! 'I. ~ ' P.\<;{. I J. R~ew parking look It other . Section J. I 05 I The fOCUJ group 11185 Comoarison of other iuri~ictions: __ -equirement for a ~Iopment rod~ I roncemed about being ~cats novie tmlre. /s 10 _ how parking able to provide : ~burn_= ; I-space L!s~a~' :he current p81king chain. peak and ad~ parlcing for a ~eavert()~ _-l..Q:3_~a~J. se~~ "equiremrnlloo off-peak hours is Ill10VJe fheab:e. They ~farion Co~,,-~ I I space I 5 seats ,igh? handled. Joint IJ!e , bmu~ the !mIe up of t]eiZel' 1 s,Q!!ce,' 3 s~!s I pwking is in the parking ha~, to TUll!~tin_. i 1 sJ!3c~.L!se!lts WOO already. Is occur off'sl~ If ~ I Salem I I space i 5 scats Ilhe 20% maximum enough parking IS I allowed for joint provided. ~ I ~ adrquate? Thefocusgroup Ben.L~__2t~1I~; 4mts agreed that the WOO parkins requirement! be compared to other citi~. . 4. Clarify what the Check ca5hiR8 and Section The focus group Appears that check cashing bUsines~ are finance and ~were 2.1 06,OJ.C.2. Pa~ JI8rftd that check The Conditional Use criteria are listed in W in5unmce use mean outright permitted 2.1-41 cashing and because it is not in the CO zone in pawnshops remain clelll'. Also, all the WZO. Chrck conditional uses in the lOIIeS prohibit chedt cashinJ and CG lOne. cashing. pe-hops. pewnsbops an: I etc. excqJt in the conditional _ in CG zone where it is the CO zone in the a conditional use. WDO. Was this Was this intended? provision supposed to be chansed with the adoption o{the WOO? 5. Parting!rCtion Need dim:tion in Section 3.105. Pagn The focus group Staff reviewed R\lIncrous many code!! and w ~ to state what the code ~ng J 1-29 lo'~ agreed that a DirulOr applicatiro requiring the applicant 10 su"mit happens when a 1L'Ie thi~ problem. interprebltion be used for the proposed u!e. doe!ll1't fit in a to determine which Staff has ~ewed all the chapters in the ~ specific parking specific parkin, propoSC!! adding those uses not currently li.t category. : category should be I IBftI for a particular , , i I use. The Director ! I could require I additional in{onnation I to make this : -- -- T -----~ -- T---~ -~----~~=~-c__ c_, ! - - - -~ - - - -- I --.. t -- =J=-~=-=~- 1 --+ 50~. can be .hared- : ! dWnight and 75% : ! can be small car --_-L __ ___- conditional uses within the CG 7On~ tn rr,'Vl'Ttt th~ rn'lif('r~ti"n l'rth...~ h,,"ne'"'' DO 5.IO~m.(' as nnt a"'le to find naCf lan!!Uagc to all,lrC'l~ this. On~ altc.'TTIati,c ,,,.uld if', ,"Hk .11....<1 II'" a site plan showing the prop....cd us~ and :m analysis or \\ ",It l'1e re'-""': ~<:<.,,< \\ <,...!.l'w 'DO and identified the li~lcd US{'S tn;1t art' not" ithin the r "k,n!! n"luin-",.'"', , ,hi: ,n,f cd. o o P"4 ----~-J determination. -1----- ------t -- -- -- I Section I The rocu, group . J. 106 OH'.1. Pa2e I ~ with staffs "1-41 -. ~code ! . . I c:hang~. 1-- ------ f 3.106.03 Landscaping Standards i C. OffStrcet Parking Areas. I 1. All unpaved land within the off ,treet parking arc"", and wirhin ~n I<:d "I' Ih,' r." ", ""l' "I' < .!f ._""., r:lr~ . 11< .".' '" I cm;ulalion impm\'L'lTlenls. shall be lnnd<cap....d In (he r.,llowi"~ prnT"'!1I1'n<_ a. R\!. P~.SP_1 CO and CG lonC""" [ a'1d~L'3ped 3n~;1('" e'qul\ ;tfrnt I~, ~II'" (If "w r'.!'. I'd " :rl }.:c ,In.:\ ~i.'r . ,~{ ...rr,T' ., H'~, 1 and ,lfC'Uhlinn. 6. Add rarking lot landscaping standard (or the P SP zone. i Address the i,~ue : of requiring . parking lot landscaping for Use! in the P SP I lOne as i5 required ! in the commercial and indu~rrial lnnt""t I C, ~f"I ll"~'" I1c\l"krmC'111 P',ln'l10-! \\ I)() 1 rd.J!c PR \F T \\T)() ( f'\f.ar.: "~!t r JH~H.I)' ,.... ,tl'O;: r \GF .! --- ----~----r:::------- -r.; 7. Revise AddreMthei_ I ~on3.t0604. The focus group Conservation of I ofho.~ 10 amend I. P~gl: -'.1-42 agreed with sla.lrs Significant Tm: conlhtlons of approach on thIS Item. ~on of the WOO approval to prnoent . in regard to tree removal of a I How to ammd mitigatioo fund and si8llificant tree and I conditions of how to amend auting II tree approval to ~e a conditions of mitigation fund or I sIgnificant tree. approval to prevent giving the removal of a replacement trees si!U1ificant In!e. to the City to plant. jlOOk at how wide a significant tree need! i to be - less than 24 I inches in diameter? !t Add under the buffer wall requirement that a masomv wall should be c:omtnlCkd on sintde-familv 'lUbdivisiom wher-e Il'ts have frontage on a non-local strm. 9. Clarify how storage and di!lJllay are adlhssro_ Currenlly, the WOO does not Mve a provision I that would allow I 5taff to requi~ a 11lI&~ wall on II I subdivision w~ I lot! Mve frt>nta~ on a non-local 'Itn:ct . I Should 5torlI~ and di~IIY be more I clearly ~!Ied 1 in the allowed use i sl.'dions of70n~'! 1 I Tm: mitigation fund I or give the trees to city to pllllll The focus group asked ifSweetgum was an allowed stn:et tree. Sweetgum is not an allowed tree within public rights of way and utility easements. Mentiona:! to the focus group thllt a 1i~ of prohibited !trft:t trees I ;s included in the Tm: , Guidelines Section i 6.103 ofthe WDO. , I -r--.._-- -+~---- ~~ J.106.04 Conservation of Significant Trees A. Applicability. The provisions of this Seetinn apply to the rcmo'al of any siltnifi'illll lrcc' ~nd the rt'rIKern':"! r('quirt..".."" fj., significant tree removal. A '-~tgmfif:ant tree" is any l',istln\!.l1l'a\tl'\ 'ree 2.' 1n\ Il'~"" pr Plnrc m d,.IrT1("r<T. :lh.\/"ln:d :" inches above ground level. B. limitation, on Tree Removal. A City tree removal permit ~halll:>c requirl-d to rl1nOVe any tree. 'UrIC...t to {hc r;.lJoWlnC I. XCI. r III ,~, <; I. Thm: or fewer ~i~ificant trees may ~e relmJV~ frnm "l"t '''nl-.J RS. RIo,; or r t11Jt ,,1c"'< .;. In 'I' "fC" :n area within any calendar year without a pennit; 2. One significant ireI.' may be remo,'ed from 3 lot: a. Zona:! RS, RIS or P ....hich is greater the than 0 ~ J'r....: ,'r b. Zoned other than RS. RIS or r within any cnk""dJr Yl'3r " ,thOllt J f'l'nni! J. A diseased or dangcr<'us tree may be rlmo, cd withoul J rc"mil in ~n l'm,'f!"'n(v C. Tm: Replacement Requirement. The issuance of a significant tree removal permit rt'<Juif('S the prt1pl'rtv nwner 10 rer',,'e l';lCh tree rl'ln" , "J "itl, "H' pc" trees on the same property. E-lch new tree ~hnll he at least ~ J inches in caliper. ^ II1.'e mJ'lirl't/ ,",v the ,"-',('Ior",,"!)1 standards ofthl.' underlying zone. Section J.I.. or as a l'l1Oditinn 1'( rermlt .lrprt1\JI ,hJII qllalif\' JS J rC1":1<'_"'"'''' .r'.... Develo~ language fur an optional tree mitil!ation fund. To revise a condition of approval I would suggest pt'l'Ce<lsing the modilkation ofrhe con.lition "('rprt1vlll thmtll'h 'h,' r," ....\ rr"':"" that wl!S ~~ ta create ~ col~ditiol1..O!jJ!P1"l'\11 a< i~_ done th",ugh an)' wOOi fieati'ln or a cnndi',"n ..r,prrl" 'II. J.l08 Partition and Subdivision Standards 3.108.0 I Rc:quirements B. Applicable Develapment Standards. The follawing standards oflhe WOO shall ~pply to a p'rtilion and to a ~uhdi\i~il'n: ~-,-Ibro1!ll/.lJ(>~. Thro!!&b lots s_oould_be aY9ided except_ wh~ e!'~entiallo rm\;dc <'1w~li,," "rlt"idenlial d""'!"r:nc",,' '"I'm !I1l!ior In!ftic_at1mals~__s9IidJm.ck_or_~hitectural wall with ~nti-grnfliti 'uniee, no k"~ than" rcct or f,1'CJkT Ih.m . kd ," hcight"..s.hould "tLCOI1St.!'Ucted Oil the. rear pll.'rert). line or sid~ P"-'{'C11} Iinl' .1dj,cmt '" Ihe art,,,,, ..r rnllc"\:II't ,'n.','I. Section 3.10''"01.85. Pa2C 3_1-69 ' 2.IOQ.06.C.I.b 2.IOQ.06.C2.c 2.110.06.C.l.b 2.110.06.C2.c 2.111.05.C.I.h 2.1 I I.05.C.2.c 2 114.0~.C.1 h . ~.I t-I.n'l.c.~.c The focus group agreed with stairs ~ code changes. I. The focus group was com:ema:! about stl'll1lge that is visible from the stn:et. 2. The foem group : agreed with allowing a , temporary use'outdoor marketing pmnit for a bu.~iness located on a subject site. -'. The focus group ,,'anted fl'llcing 10 be ~uin't! If il<ms ~re stored away (rom the !>".!ding on-might c'n a _ 5. 1 (, !"'>'l'T'ur.'!\ PC\ t"lcrmt"n' fl.tnn,",,: \\ P() I r-.1,ltc f'R \1 r \\ f\() t p...Lt1c \l (I., r J""(.~';J () l-O'" J\"lC ..... o ..... Need to address the issue of whether grmd or pa\ed stnrage i< what i~ nceded .l!"! 1'1(' t\pe o(w'l11 "I (,'''e<' Should storage be allowed under the overhan!! or J /1~ildin!!.\ III'''' a tcmr<'rJr\ 0-,,' ,,"IIII'\'r m.1r~t"in" ["'T111ft I,'r .,... I,,,,. .,..', '. ': 'It'" I an the subject site (i.e. sidewalk sale). ! Allow storage area to be graveled in an industrial Zl'nc as Ion)! as the ,lorJ)!e .Irea i, n,'t II<"J t;,r r "kip". <;~f ur f..",." c"'J-l/r<'m,'''' .J" : was the case in the \\'oodbum loning Ordin.1nct"'. A prnhJcm h<l~ ari"l'n \\twn cquTfl1cnt ,ton.:.d :n l:ll~ ,fp II Ire"'" I'no.t" :r r' 1\ tl"{ 11' ! SO a gravel storage area is nec~sary. i All zones e"lcept the ,,;-.Ie and DDC addrc'" 't<lrJge (\\ ith p,lIl..inc reqlltr"me"" 1 I. Storage prohibited in sl'lback arca. t:'ccpl !>chind J \\ all. " Temporary Outdoor \Iarkcting and SpC\:i~1 F\'cnts. .1I1"\\t...I b, n.. /)D('. ';',('. r ",. ~. S""ti,," ~.~O}.19 timiktl time uf durJti/'n i /1/" rl'n"":H1L'nn 4. [)raftetl f{;!, IP. II.. r <;P. ,l.lld ",\\V1R IPI"~'''' f'r ,....~'" r1',lt \\1' I!.l,' ..Ir,,: l'f ,1 ,.~\, !"!' . " ,', t,' l :' 't ~ ,'. f P.\(jE 1 I pmnanmt basig. --I 14. The focus group was I I a~able 10 allowing !Itorage under the j I overhang of a building. S. The focus group a~ with the concept of allowing grlIVel stol1lge in the industrial zones lU WlU alloM:d in the ~z.O. The focus group mentioned adding portable toi Ie( prov;5iOtl5 in the sewer ordinance. -rh - 10. Add Portable Toile( prov;sion to the WOO. Neal to add . provi5ion in the WOO to regulate portable toilets !rince portable toilet5 are 110 longer ~Iated by the City's Nui!lllllCe OnIinance. Talked with Code Enforcement on this item and they said that a problem with 3110\\ i!1g rortahle !oiIt1' in em3in 7l\!1,.. ";1S fh,'f;J homeollmer would hook up a portable toile( to be used by a large numl>er ofresidml. In the same dwellin\! S""uld l"'rl,"le ,,,,It'!s ,m" be allowed in the public zone as a tcmJl('l1ll'Y use and on RS properties for a school use" Should a dC'lil!f1 ~\';~' pro",,<< ho- mlulfl,i I" try to get a better looking and more permanent portable toilet: Address issue of "'ncl<capinp,. hulTerifH! or \\;111 rt-qulrt"n",I If .1l111V!1t to certain USe9 and zones. . Portable toilets needs to be added 10 Section 2.20~.IO under the list of items aU"wro for Facilitie. OUnn!! Con'In'di"n \\ Imn ,a special permitted use in the R.\1, CO, CG. DOC. II'. IL. P:SP. NNC'. SWIR. and R\'~. but not in I",' R s. R IS. "f R"" """"'. Could also allow a portable toilet as a special permittro use in all "Ones with 8 s<1oal.k required fmm 3 rt'<id.."ti.1 lI<e (nr 'he 1'''''1''''''0' use of portable toilets. This would keep the portable toilets (af'P('arnnce and smdl) :Jway fn'm r~j"l'f1lially "'...ll'fl.l"'T1".... fllL'n: will be an issue about what temporary means t>ccausc the school district has I'nrtahle tnj'els up m"'lllf ih.. \(." fl'r s"""m,~ e\ ,''11< Facilities During Construction 2.203.1 O.A Uses Permitted. The foc:us group mentioned a certain numbn' ofinehes below pe as being a threshold to mjuiring 8 grading permit. Threshold ClIII also be aligned with the trigger Ibr a removaVlill pennit by tbe: Department of~tote landa. Focm group 1 mentioned developing I : appearance and site , I restoration standards if! a site is graded and not I -~ d~e1opcd. i -------- -- -_. - .. Dekrred to ~I foc:us i An (-S o.'may 70ne i. beinR J'lI'Or<'sed us port l,fthe periNlic review pmc..-. th:.! 1""rr<'''' tran<portal'"'' irn(':Iets "t .'n, ;"r'" '1'1 'n 'he !tJ'Uup meeting. I interchange area. Dcniece compik-d inf"nnal;,)n on this t"pic. \:el.'o 10 re\ lew \\ ,I', 1',,"", w,,'~< ,,,,I !c",,1 The use shall be limited Iv me>bile office'5, temporary powet' equipment, tem!l<'l.ry 'lou,in~ for ni,~h! "''<'lInty pt'r<c.nnd. p<",,,Hc tpilel", I and equipment storage during constructil>n. ["Facility Durin(t (\'n~tmctil1(l" i, CUfTl'f1lly li'Ied a' a ."re<'i1J rermitt...l! ". 111 ,he II \I. , CO, CG, DQC, ~'NC.IP.IL, P/~~N7>IC._S"Y.I1l"andRr"fN>J1Ut not in Ihe RS. RIS. l'f RS"I:l I The Public Worles Department needs to determine the directi"n of this itlm in rec,1rd I" h..w in\<,hl'd the 1''''1'''",,1 ""I,. .,",<,,.,I'''''f'I neals to be. The problem is that a grading permit is currently no! required unlil a land u<e arr1it ation i< <u"milled <urh as a <1 Ihtfi \ , .,,,n ,'r d,"11'" review request. Neala grading permit to regulate the moving of dirt pnor It) thl' 'v"mittnl l,f a land u'e "Pl"it-atinn .-\11 ", ,I,e vegetation on a site can be removed:md left in this cl'ndition for a Innl! period "fri'rlL' rri.., I.> '"hmill.,1 ,,, a 1.111,1 II'" 'I'r'IVl1"" \\ 'mh affects the appearanc.= and drainage on a sile. Slaff rerommends adding when the Gradin~ Permit is appliea""'. N o .... Addres! grading I pmnit in the WOO to strengthen criteria, II. Grading Permit i 12. ConeUIm1cy : Addre!Is IlTaMpoTtlItion I imptlcts of _ de\'~lopment,.. 13 If a bill boll. "d~s the issue ,l(lfe "ere ....acated. ofbusine<ses n"l The foc'US (tl"Oup mentioned 'Teating, . ~ot able fo tind a d.c\dupmcnt 1.:\l4..te \....hl~re tlH'~ prflf'\lsl-d ((\(k JrTIcndm\.'nt \\ .1\ ."l,ln.......I"f1 r'lq",',l ,,, .1, : '" 1[ "IT 'r1'" ., ,J, r' 1, ~ '.' "ll amcndm~nt ~c1n.K Inllre \,r J pri' ,ltc nU'iin~" !1l,lftcr \ n'-).uo;;; ;I ~:n\ tT1m!'nl "t"\~~ ;1111. '"\ ". l"I'r T ('\'~'T'~t'lttv [l(-\efl'fmrnr PI,.nntnt: ~O() t'r-blt I'R ,. r \\T)(l l'r-.hlt \,~,.. r.IHc.".fl~-(ll ()"'l!(~{' P.\GF ~ then it would not be 1 al1owi"l---- allo..-.:d 10 exclude I competilon to buy competilon as a or lease their big condition of I box stom. approval. I Wrought iron fencifts CIII be conditionedaplllt of the c:onditional -1ppI'OY8I prDC:il!SI.. There is not alri(!ll!r for ~ wrought iron fmcinJ on conunerciaI sites a J*l oflbe design review ---_.~---_.~ 14. De!i!!ll Rrview IS. Variance 10 stm:t riglrt of way and improvement mjUiremc:n~ 16. Wrought iron f'mce being n:quired onoutright permitted 00IIIIIIeI'CiaI1I!ICS i!l5tcai of just cooditionaJ U5eS. Ac1dre5s the i~ue I' of when desi!VI review would be I~' Addren the issue of when the vmance to mm riglrt of....y and improvement mJUiml1lel1b would be tri~. I I I R~h other city jcOOM I i L_____~_ p~OPOsE~C2~~I_uncA .I!9NS PROI'OSf:D COD! tOCA nON _qA~~~~nON I. 10 foot "mllJ!imum" width Section ~.I04n5.B. r b. Page should be "minimum." , 3.1-~J 2. C'hed and revise Use C1assitications in the WOO. Cotnct1ons ~ to be made in the H~lth ("are and Sl'clal "en. ices '(>2) !allle. -1_ , Section 6. 104. P'!.l"" 6. I 04- I to 27 c. dy 5eCUI'ity mndards for vac:ant buildings. Have lilt ordinance I from the City of Belvaton reguJlIting the appelII'IIICe, safety and seeurity of VlC&llt bw1c!!!tR: Defemd to next focu! group mming.. The focus group agreed with staffs approach on this item. Def'ermt to nm focus group mming. FOCUS GROUP What factol'!l should trigger design review, fa~Jde chan~l'S, new construet;"n addr/.,'m rem(~lds. ""C (I.noo ' '.'.'1].'1 'i\. c " 1:1':" :n use. or zone? Which is the review process, Type I, II, or III. for different prop<'sro development.., Make lheprocess for a variance or exception to ~ improvemc:nts an administrative proc~s ifit is pmc~st"d wjlh r,.f'" I :mdl/ applications (Access Permit. Partition or Administrative Design Rnicw requests). ,~"C: lhe 'ame cri!enon hut chnr.e !'he I'n'n"" frnml public hearing process to an administrlltive decision process which would lowet' the fee to the ?oninl'! adjustment fee of'!; :1>.1 Ill] \'C'r<us the variance fee ofS 1,769.00. Two new sections would be a(Med to the Type II "rrlication Rl'qllirLml'f1ts <l....tion of ,I", wr.,.. I ..".1 th" administrative variance and exception to the street standards would he r('ferred to ~< :I minor ',lnance ,nd eSlli'tion. Would need to make misions Ihroughout the WOO to make the chanee (i.e. thc StrL'Cl and ACle<s "Cl.ti"ns of the \\'[1(1\ The appeals process would allow an administrnti\'e decision to go II' a l'u"lie hL'ari",~, pmc,..., at ~ht" (',t,. rounul r n d Section 5.102.06 Minor Variance ~~Qn 5.1 02.07 MiT1Qf..f!c9!!ion_~_ ___H___ ._ Create a dC$i!lll guidelinelhat recommends wrought iron fcnc;ng versus chain link f,:ncin2 li,t fmlinr. that is ,'i,,"k tn'", 1 ,Ir"'" ~ o P"'t PROPOSED CODE CHANGE I 3.11l4.0~ Driveway OImendon Ind Improvement Standard" T~pr I." ~nd III .\ppIlC";""' B. Driveway Sen'ing One (I) or T\\o (2) Dwelling l'nil< ("L.... Fh~"rc 6.1) I. Pa\ed Driveway Width. h. For a dislance of ,lO ('r more feet hl"lwecn the an:('<s street or ,Jur"l :It'el''' ofn\ l".\\\ ,,'of the attached or dctachL-d !/1r3I!C rlc'orw'IY: I ~ ,....."./ mrnimum ni.f!h. t],In,' In 'he n'ljlJlrct! _. e.'~tcri(~r parking p3d 10 fn'''lt nftJ,c t!ac'gc rf':lf 1, a :0 r~'tlt ff1~~H"ffi'!l rTnrHtmlnl \\ ,~~.tl. I The fucm group agreed with stafT's pro~ code chang". i I ---~------ r--~-- Deferred to nest focus group mCClinl!. i Indude a disclaimer. I (\~'TI~'1lf~" [1(o,C'I'--rmn1' Ph",",n\! WDO t p..iJlt' OR.\! I Wrt(} t 'rd:1'1:' \r<''' fJ"'I..-4"4 01."" lk\(: P \GE 5 PROPOSED TEXT CHANGES !>RQ~~D_~ ~9_ES_ glD~I,~AJ10N I. Delete "commercial or" after Section 2.203.11,)., Pa[lC 2.2-24 'from" and before "indu!ltria'" PI!QPOS~D CODE CRANGE UO~.17 Mobile Food ServkM 1. Base of Operations. The ba!e of opc:r8tions for mobile food scrvice unit~ shall be from rl'lI'I",ereiall'r intlustriall('lm", (' 'e of5iles in rnidential zones for the preparation,,.., lintenunce. ,or <tor:J!!C arca for mn!'1,1c f"l'd SC!\'c,' unit! i! prohibilrd. i I I I Is;;;;;;; 1.1.' ... p,,.,,,. " I __L- 2. Provide the C'Ol'I'Cct refen:nce. 1.IO~.04 A<<eS!ory USe5 The following uses are permiltrd as accessory use<! subject to SlXti'Jn~ 2.20~ I ...,.j~,~n,1 ~ o ..... I l, ~ry,'J"'H... Pt.~\l'l(-rOl('''t rhnnm." \I, {)(, f '~I.H~ OR \1 T \\ no t 'r\!.ltc ".(,~ f.l""':-i'..\ tll n- 11('1': P.\GE (, ..... . """"1"911:1" I \.. From: To: Date: Subject: Kristy Olson <atudekris@comcast.net> "Jim Allen" <Jim.AlIen@ci.woodburn.or.us> 4/27/20077:13 AM Re: Woodburn Development Ordinance amendments cc: George Brice IV <georgebiv@msn.com>, George Brice III <gbrice3@msn.com> Good morning Jim, thank you for your responce. Yes, the parking makes sense and would help us. We have sufficient parking now, however, a joint idea makes sense for future expansion. I will get any other comments or suggestions to the planning commission before May 3rd, if there are any additional. Also - I noticed that you have our old address as does Breah (she helped me with a sign issue). Please make sure you have our current address, listed below. for future mailings. Hope to see you soon, thank you again, Kristy Kristy Olson Vice President BRICE CORPORATION 8655 SW Citizens Or. #104 Wilsonville. OR 97070 Phone 503.682.8012 Fax 503.682.8015 -------------- Original message ---------------------- From: "Jim Allen" <Jim.Allen@cLwoodburn.or.us> > Kristy, > Thank you for the comments. I will forward them to the Pianning Commission and > tr'l to address your concerns. You are also welcome to attend and provide > information to the Planning Commission or City Council if you desire. > > Parking- > Specifically, as my letter stated, I (the Planning Commission actually asked for > input from properly owners) was hoping for some specific analysis of the > "joint-use parking" changes that would allow more shared parking spaces. > Would this better sellle the businesses on your property? :> Would there be enough parking? :> Are there other changes that would ,mprove the WOO? [:his r.eeds to be a 'Jerl :.- specific recommerdatlon, to the e:<act '....ord:ng thnt 'IOU believe is needed]. ;.- > iJes:gn Re'Je'N- ;> ::-e '/Ioouou:n ueJeloprr.ent Ord ra,lce (adopted 2002) rJS 3i.'i3YS had pro'I sior.s 7:)( :. ,::8s.gn :-8'1 8'.'/ -;--e .jr3f~E:d ~ro',.S;c;S ':,ct...d sirlp:,fy 3Grre l)f :re cesign re',:ew . .=-'ccesses rl/ .,)', ~g t-em frc,Tl a p...:J.c :-..~;]r.r.g t03 3taff re',.e'N irc:duc.ng " ,..::p cart .::~S: ..-lr,j 3;:eec,('(; :he fe',.eN t.ri'e) Trere.',oG:d aso be a ,::Jif~ereflt .' ';'.:~sr:G'Q 'G :,~8r :rdustfiJI 01, d.rr;s -,~qu.re;1 ,)uOI:C l-e3r.ng (rdl..sti':al . .~: ~(1,r"ls ~r~j8~era:'j :or':.;er ::-W Gt",:r ':: > Id:f:':;S. '0,) :1-.8 ::--,;';sro',d for 3 c: .~;:,lr "'(j ,'~,..... d ~~ ,1 ff':r;~"'~l .' 105 > > Thanks again, > > > Jim Allen, Ale? > City of Woodburn > Community Development Director > 270 Montgomery Street > Woodburn, OR 97071 > 503-982-5246 > > "We cannot solve problems by using the kind of thinking we used when we created > them." - Albert Einstein > > > >>> Kristy Olson <atudekris@comcast.net> 4/25/20071 :16 PM :>:>:> :> Good afternoon Jim. :> :> Thank you for your recent letter concerning the planning commission's upcoming :> meeting to propose some changes in the development ordinance(s). I had spoken :> to Randy Rohman recently regarding a correct understanding of the "change of :> use" meaning when it comes to a change of tenant at our shopping center located > in a commercial general zone. He has yet to get back to me, he was going to :> speak to Randy Scott I believe. In looking at this letter, I still have a > question/concern about a the required applications for a "change of use." It :> appears that the planning commission is requiring any size of space, whether it :> be under or over 1,000 sq, ft., to go through a design review process that :> Includes a site plan, street and utilities plan, grading plan and architectural :> drawings. This is timely and expensive to the prospective tenant and the :> owner/property manager of a location with multiple retail/service spaces. > Please clarify for me. I believe there is a list of excepted uses i > n a commercial general zone and as long as you are within that use, there should > not be any further requirement or approval by the city planning commission. > > We recently had a prospect that was looking to add a family style restaurant to > a vacant space in our shopping center. (Woodburn Crossing Shopping Center) He :> went to the city to get some general information and found out that he would > need to complete a full design review application, pay a l;Jrge fee and complete > some street improvements adjacent to our property in order to open the > restaurant. This seems vecy excessive for him and for us! Again, the > retail/service shopping center is located in a commercial general zone. a > restaurant is a permitted use, and it was determined that 'Ne had sufficient > p3rking. r.'eanwh:'e, we lost a significant amount of Income (loss of tenant) due ." to the inability to wait for city approval and cost of getting architect's and " engineer's drawings. It was cost prohibited for the size of the space. As long ,. :JS 'Ne get a tenar,t U',at ras a bu~if1ess within (he commerCial general zor,e :. -::,erCirT,etar, lit; p'JL a f::errT1it for tre deSired :mpro',ements to the Interior ~ d :re soace;,\e shou',d :'ot h;)',e ~o do an'/lhing f....rt;--er to :eClse our spaces. .. ?8ase :-ep ,Ie : ;~r~y:r S. J 'r s's 3n 3rrer(~i.e..,t ':':.1t,'11 ,:31....se.;-~ "'Cr3:'Se cf .sa":J s~;:erceed :re CITY ZCt'lE, I :r ;-,~ Te ~!annlnrJ comn'lss:on ~ j-l.::eJs :0 '<:S~..irl.n It ~:~Jd~2r cerore a...~er.G,rq It. ~:-01"":k JOU, .. (.:';,s:'} :: S0r ~. . .; -' "-1 106 :> BRICE CORPORATION :> 8655 SW Citizens Dr #104 :> Wilsonville. OR 97070 > Phone 503.682.8012 > Fax 503.682.8015 107 '( :~C(:'\) :~: May 1 , 2007 ~AAY Oi 2\~',)7 :,r~'l~i ~1J.j~~ ...;~ , .;, /~:i.'1 c' : _ . J ' 1 ~ ~ ) l ~ ' r. Jim Allen, AICP Community Development Director City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Re: Woodburn Development Ordinance Amendments Response to request for comments Dear Mr. Allen, Thank you for your consideration to forward a copy of the drafted amendments to the Woodburn Development Ordinance (WOO) referenced as "Attachment A" in your letter dated April 19, 2007. We do appr~ciate the opportunity to review the Proposed Policy Changes prior to the public t1earing of May 10, 2007 where the Woodburn Planning Commission will consider the proposed amendments. You had specifically requested that Craig Realty Group representatives provide comments relevant to the Proposed Polley Change #3 (3.105.02) General Provisions for Off Street Parking and Loading, which addresses joint parking requirements that are intended to allow more opportunities for shared parking spaces. Mary Graves, Regioral Asset Manager of Craig Realty Group and I reviewed #3 and the other Proposed Policy Changes. We determined that there were not any apparent concerns to our property and the uses at Woodburn Company Stores. We are not offering suggestions of changes that would improve this section of the WOO, at this time. We nad equal interest in the review of the Proposed Policy Change #9 (2.203.19)- Temporary Outdoor Marketing and Special Events. The following are general comments that may be relevant to our future ability to coordinate special events within ordinance requirements; reference page 10, Section I. Location and Size. It IS 'Jitally i:l1portant to our business model and marketing plan to coordinate and promote center '.'vide special events where all stores can participate. in accordance with tlia ordinances. Our outdoor sidewalk sale events are an example of such annually held 8'Jents. ..... ~ --~--~? I ' . l . i ! I }. \ \, I I' \ 'i \, It '. \ ~' 1 ) l ( I) (' , <' L. ) 108 Whereas, our tenants are typically limited to the area directly outside of their storefront and between lease lines we do not want to be restricted to these outdoor areas exclusively. We would appreciate th~ flexibility to plan events in other areas of our property, such as designated areas of our parking lots should we determine that this would be plausible and beneficial without hindering our customer parking. Upon completion of the center's build-out of all development phases, the Gross Leasable Area (GLA) will be 383,837 square feet. Our outdoor special event area would Ud iirllilt;d tu i 9,1;2 sq. ~t. jJar the proposed ordinance amendment that states... "The temporary outdoor marketinQ and special event shall be limited to an outdoor area that is no more than (5%) of the SQuare foot of gross floor area of the buildina(s) on the propertv. but in no case shall be limited to less than 200 SQuare feet." Although we certainly understand the intent of mandating a maximum square feet allowance, it is our concern that the (5%) maximum could impede or prevent our ability to have certain outdoor special events. We would like to propose that additional consideration be given to increasing the maximum allowable square footage above (5%) of the gross floor area. We are not informed of the Commission's research that preceded establishing the proposed (5%) amendment. However, as an alternative for discussion purposes we would suggest a maximum allowance closer to (10%) of the gross floor area; especially for properties that do not have shared parking with other businesses. I am available to discuss these comments and other components of the proposed amendments to the Woodburn Development Ordinance (WOO) at any time. You are ':Jeleome to contact me at 503.981.1900 or teri@woodburncompanvstores.com. Thank you again for keeping Craig Realty Group apprised of current concerns that are of interest to the Woodburn Planning Commission and for the opportunity to provide comments for the WOO draft. Sincerely, T ari Sunderland General Manager Woodburn Company Stores r:c: Steven L. Craig, President & CEO - Craig Realty Group r,1ary Graves, Regional f~sset Manager - Craig Realty Group 109 ". .,,~...-....... .. From: To: Date: Sub1ect: Mark Wolf <presidentnwres@yahoo.com> Jim Allen <jim.allen@cLwoodburn.or.us> 5114/2007 8:49 AM New Parking Provisions cc: Nick Harville <nick@woodburnchamber.org> Saturday, 12 May 2007 Good morning Jim, As I mentioned yesterday, I sincerely apologize for being unable to attend the Planning Commission public hearing last Thursday. I was out of town and while I had hoped to be able to get back in time, it was Impossible. Because I do not have the personal email addresses of the Woodburn Planning Commissioners, please forward my comments to them. In addition, please add my email address(presidentnwres@yahoo.com) to your general notice mailing list. I did receive your notice dated April 19 regarding this proposed ordinance; however, it goes by snail mail to my Bellevue, WA address. Regarding the proposed ordinance, I would like to thank you and all commissioners for your willingness to make positive modifications. Any improvement is a step forward - and as a local businessperson - I am pleased that you are reaching out to encourage business in this community. From my perspective, that is a major change in philosophy and direction from community leaders. I hope this is a trend that will continue. While the concept of joint use parking is new in Woodburn, it has been tried and tested in many communities nationally and worldwide. I am extremely familiar with the city of Bellevue, Washington _ having served as a planning commissioner (and many other positions) in that community in years past. Their provisions are far more generous than this ordinance; but this proposal is a major step forward. As we have discussed in the past, I have tried to bring a movie theater to Woodburn. I have been thwarted by the parking requirements and the high system development fees. This ordinance would improve the chances of a theater (and other gathering uses) in Woodburn by lessening the land costs necessary to meet the parking requirements. 'Nith the pOSSible exception of the Outlet stores, retail uses in Woodburn are "over parked-. The ability to "share~ stalls allows developers and property owners to provide additional stores that may utilize parking at different times during the day. It also encourages more "mixed-use" projects - a trend that I hope continues. And into the downtown. I strongly believe that downtown Woodburn could be easily ~evitalized by a few simple changes. First and foremost is open and responsive leadership. Secondly is city hall encouragement with new legislation and economic incentives. Third, is the necessity to understand that concentrated housing must be located downtown. Fourth is the vision to be different. And finally, enough lip ser/ice. As Nike says "Just 00 It". 3ack to the proposed parking changes. Proposed policy 3.105.02 provides for up to 10% of required ;C:1rking IS ~rov,ded alor,g a transit route. 1 'Nould suggest that a proviSion for reser/ed car~ool stalls .lrd. or a cdrpool programn place would also qualify for the 1 O~/). Ca'lt:r:--e lJsas srOuld also ,rc!\..de carpooL/an-pool stalls pro'I,ced on-site. I.'/ould prefer to see 're \=,),~"""'.~" t'j lJe'.e c;lf"'ent o rector "a',e tre deciSion 3uthor:ty ~atr.er than my ;Jdrcei',ed "~ed ~ape' Zonirg ,c..':;~5:r,;", 3rt':cara" Leasirg cee:siors 3re often requ:,ed In;) matter of 24 r-ours - rot capable of '.'Ialtirg ; .~r 3 ,':'OJrd ~o ~'l', e ,v 3 _se. I ".,)..,,1 1.'>0 s"'~G~S~ t;-:1tyn::;e38(j ';eel an l' .=5 ()2 I '1 h YO'; c"ie ',)(l ',Wier d,starce ::~]n 2'=0 '.!et. '.1,/ .; .-:; "}.....'; ~(: '.;et '~r) .~;~i.1 '~'~r "f3.'J j'~. (~,r'] :) ~t.:p:j:,j.t~lj ::'1 Iii -.:;......:;.'l:-ce dr",d ~<\)'f-) 'Jrd ~'.lr 1)1-...3 110 parcels. Does tne 200 feet apply to one parcel in a shopping center (closest one?) or all parcels if they are under tne same ownership? I also have a joint parking agreement with the corner across Highway 99E from my center; would this apply to that parcel? Finally. if a shuttle is provided, I would suggest that distance may not be a factor. And lastly, please provide for a review of the results after implementation. If it is working well; no need for changes. If it is not~ allow for changes to improve the intent and implementation. \ hope my comments are not burdensome as I believe this proposed legislation is very positive and a welcome improvement to Woodburn's planning for improved livability and business opportunity. mark c. wolf 654 Tukwila Drive Woodburn, Oregon 97071 III ,{~:':~~v~ WQ.Q:QBl-lJ~~N /". -' 'r ,/: ( ,1 ' <J .) liD ~~ . . June 25, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorderl\'~ SUBJECT: state Revenue Sharing Funds for Fiscal Year 2007-08 RECOMMENDATION: Council adopt the attached resolution declaring City's election to receive State Revenue Sharing funds in fiscal year 2007-08. BACKGROUND: Annually the City is required under state statute to adopt a resolution declaring the City's election to receive state Revenue Sharing funds. This resolution must be filed with the State Department of Administrative Services before July 31, 2006 in order to receive the funds allocated by the legislature during fiscal year 2007 -08. DISCUSSION: In order to receive State Revenue Sharing funds, the statute requires the City to hold public hearings before the Budget Committee and City Council for the purpose of giving the public an opportunity to comment on proposed uses of the funds. The hearing before the Budget Committee was held on May 19, 2007 and before the Council on June 11, 2007. FINANCIAL IMPACT: During fiscal year 2007-08, the City anticipates receiving $190,000 In State Revenue Sharing funds. .~ }':::r~,,-j\J ',t'.~II' ':\\~ I e'N: ~." "+ ,<$-- '" + At' ----t++-}-----f. ---I' .~') , '1 '~ Y ..,ejmin.srf'l, ::;r /..::._;....~_ .._i, 'I ' . ,orr~8Y ~_~~, il,,<once _ ~":: 112 COUNCIL BILL NO. RESOLUTION NO. AN RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENL'ES DURING FISCAL YEAR 2007-08. Whereas, ORS 221.770 requires cities to pass a resolution annually declaring their election to receive state revenue sharing, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 2007-2008. Approved as to Forml{J~ /0 City Attorney ~l 'Zll7cOf Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor ,\pproved by the Mayor Filed in the Office of the Recorder ATTEST \1ary Tennant, Rccordcr Cil) of Woodburn. Oregon l\lgc i - CclUI1Cd Bill '\0. R~solutiLlI1 :\0. 113 ... \ ~~.-;"W-:~~~. ~14 WOODBURN 1~'o'r~'dl,J '6$1 liE ~~ . . June 18,2007 SUBJECT: Honorable Mayor and City Council through City Administrator G.S. Tiwari. Public Works Director <.f~ a;. /:/f/---- Randall Rohman, Public Works Program Manager /~ ~ ~ Transit Operating Grant Agreement TO: VIA: FROM: RECOMMENDATION: Approve the attached resolution entering into ODOT Grant Agreement No. 24002 with the State of Oregon to receive $122,340 in public transportation operating assistance funding and authorizing the City Administrator to sign the agreement on behalf of the City. BACKGROUND: The City has been receiving annually operating assistance from the Federal Transit Administration's public transportation operating assistance program for small cities and rural areas since the early 1980's. These federal funds are administered by the Oregon Department of Transportation and the City applies for these funds each year. DISCUSSION: This agreement provides for $122,340 in assistance for providing public transportation service. The current federal transportation reauthorization act, SAFTEA-LU, significantly increased the amount of small City and rural area transit operating funds starting in FY 2006-07. This year's federal operating assistance is approximately the same as last year. This operating assistance funding should remain close to this year's assistance level through the usual six- year life of the current transportation reauthorization act. The reauthorization also changed the match requirements for these grants and each state now has Cl match formula. For Oregon. the City grant match is 43.92% and the federal match is 56.08%. The City attorney reviewed the agreement. Staff recommends that the resolution be approved authorizing City Administrator to sign the agreement on behalf of the City. FINANCIAL IMPACT: This public transportation operating assistance funding is a budgeted revenue source in the proposed 2007-2008 budget. .A.':jenda Ib::rY1 Review: /1; <to -t4-J City Administrator /J~ City Attorney '-Y~\~.J I '\ I' ' , , finance "~L ' 114 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24002 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn has applied for federal public transportation operating assistance funds under Title 49, United States Code, Chapter 5311, Small City and Rural Areas Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Small City and Rural Areas Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved $122,340 in operating expenses for the City of Woodburn to be used in support of public transportation, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 24002, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure federal funds through Title 49, United States Code, Chapter 5311 for the purpose of supporting public transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. _; l.-r _-~ i \'_:r~Cj:rC~L dIL~ ~'IO. RSSOLUTICN ~IO. 115 Approved as to form: ~,flr_~ City Attorney ro Lt 2-0<)7 D te APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon 116 ATTACHMENT "A" Due to the length of the attachment, it has not been included in the Council packet. The attachment will be available for review at Public Works or at the Council meeting. 117 ~ !.: WQ.Q.12~VRN lll(':'p..l'rlt~d 1!Jj</ I1F ~~ . . June 25, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Community Services Director SUBJECT: Chemeketa Cooperative Regional Library Service (CCRLS) Contract RECOMMENDATION: Adopt the resolution approving the Intergovernmental Agreement Contract Amendment by the Woodburn City Council and authorize the Mayor and Library Manager to sign said agreement. BACKGROUND: The entire Intergovernmental Contract Agreement between Chemeketa Community College (on behalf of C.C.R.L.S.) and the City of Woodburn was updated November 13, 2002 at the request of the legal counsel of Chemeketa Community College. Each successive year the contract is updated consisting of an amendment page, which speaks specifically to the current changes and modifications, which are relatively minor this year. DISCUSSION: The changes for 2007-2008 FY specifically address the actual dollar amount of compensation to the City. FINANCIAL IMP ACT: The actual amount of compensation, $55,923, is the same amount estimated in the 2007-08 FY budget. In addition to this amount, and based on lending experience, the City may also receive a share of a total of $53,020, which is divided between member libraries on the basis of a net lending formula. ,.\Jendo Item xe,iew: . /J/ City AdministratOf/'?,i) City Attorney_ ; ) I Finance.! ~ '.' 118 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR AND LIBRARY MANAGER TO SIGN SAID AGREEMENT. WHEREAS, the City has, for several years, participated in the Chemeketa Cooperative Regional Library Service (CCRLS); and WHEREAS, participation in CCRLS enables city residents to have access to free reciprocal borrowing privileges and the use of an automated library system involving other participating libraries; and WHEREAS, it is in the interest of the city to continue this service; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1 . That the Mayor and Library Manager are authorized to execute an Intergovernmental Agreement Contract Amendment (Contract# 19403, Change Letter E) for the period from July 1, 2007 through June 30, 2008, with Chemeketa Community College for participation in the Chemeketa Cooperative Regional library Service (CCRLS) . Section 2. That a copy of said amendment is attached hereto and, by this re,crence, is incorporated herein. Approved os to form: cu/C)v J- ;-~<:J City Attorney () 21/1~~1- Dote Approved: Kathryn Figley, Mayor Passed by the Council SLomitted to the Mayor Approved by the Mayor Fi,ed in the Office of the Recorder .~ --'-EST: ;\~ory Tennant City Recorder ,-:::::t; ,::;f 'Noodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 119 CHEMEKETA ERATlVE REGIONAL LIBRARY SERVICE CONTRACT #194 03 CHANGE LETTER E I~TERGOVERc~:VIENTAL AGREE:VIENT CONTRACT AMENDMENT This amendment is made and entered into for the period of July 1, 2007 through June 30, 2008, by and between CHEMEKET A COMMtJ}.lITY COLLEGE hereinafter called COLLEGE and WOODBC~~, OREGON, an Oregon municipal corporation, hereinafter called the CITY. 1. Addendum number five (5) to original contract number 194 03. 2. The contract entered into on November 13,2002, between the COLLEGE and CITY shall be amended as follows: 2.0 COMPENSATION, point 2.1 is changed to read as follows: CITY will be compensated by COLLEGE in the amount of$55,923.00 as compensation for the CITY providing nonresident library service for the residents of the COLLEGE District. Payments shall be made in four equal installments of $13,980.75 at the end of each quarter, subject to CITY'S signature of this amendment. 2.0 CO:\IPE~SA TION, subsection point 2.2 is changed to r~ad as follows: The COLLEGE shall pay the CITY for each net loan provided, i.e., the difference bd\.\icen the number of CITY items loaned to and checked out in another library and the number of items owned by other libraries borro~cd and checked out by the CITY library. Tabulation of net loans shall be provided by the CCRLS automated integrated library system. Payments are subject to CITY'S signature of this amendment. ,\ budgd of S53.020.00 shall be designated for this program for 2007-08 ~ith S 13,255.00 budgded each quarter. The CITY shall be paid its pro rata share on a quarterly basis. , , .\ TT .\CII:\IE:\T A. CCRLS Council \-kmbcrs List is replaced by the 2007-08 CCRLS C0uncil \kmbd List \\hich is Jlt~iChd J.nJ \\hich is incorporated herdn by this l\:fcrence. t ., . r 11 l~erfnrl11 i ng the abu\ e. it is understond and agreed that all other krlTIs and condi til)!ls l) f the \Hi:::;:n.ll 1.:\)!1tr~l\.:t ~lr~ :-;till in ..:ff..:ct. 120 SIG~ATLRF.S This I.:ontract and any changt:s, alh.:rations, modifications, or amendments to it shall not be d'fective until approved by the appropriatc rcprcscntativc of the parties hereto. [n witness \\ hcrcof, thc partics hcreto havc causcd this agrcement to be cxecutcd on the date sct forth below. FOR THE CITY OF WOODBLR."J: FORCHEMEKETA COM:\'lU~ITY COLLEGE: Kathy Figlcy ~1ayor, City of WOODBCRN ~.- -if/? /<---- -e;[egory P. Nel Director, Chemcketa Cooperative Regional Library Service (CCRLS) b - IC? -0,7 Date Date APPROVED: Anna Sta\ inoha Library \tanagcr 121 t. ;':>"~;:~~.-'4 . ,-......" . - WQ.Q!i~~~N 1" ';'. t (.: _,.\.) IlG ~,~ . . June 25, 2007 TO: Honorable Mayor and City Council through City Administrator FROM: Mary Tennant, City Recorder .~ SUBJECT: Liability, Auto, Property, and Workers' Compensation Insurance for Fiscal Year 2007-08 RECOMMENDATION: It is recommended that the Council authorize the City Administrator to execute liability, auto, property, and workers' compensation insurance contracts with City County Insurance Services (CIS) for fiscal year 2007-08. BACKGROUND: \nnually, the City's Agent of Record, Huggins Insurance Services, solicits quotes from potential insurance companies to insure competitive pricing on the City's liability, auto, property, and workers' compensation insurance needs. DISCUSSION: Public entity insurance continues to be a difficult market in which to secure coverage with CIS being the only insurance resource within the State willing to provide the City with the necessary coverage for exposures that are unique to government entities. The CIS quote for liability, auto, and property insurance reflects on annual premium based on current reported asset values, however, additional premiums will be assessed for auto and property adjustments made between now and September 30, 2007. Adjustments and/or acquisitions after October 1, 2007 will be reported to CIS but there will be no additional charge until the following fiscal year. Even with the inclusion of the new police facility, vehicle and property acquisitions, and a 6% inflationary trend increase, the 2007-08 premium for these coverages decreased by 7% from our current fiscal year's premium. The insurance industry is currently moving into a soft market which has contributed to a reduction in the base rates obtained by CIS for the / !\genda Item Review: City Administr(]tor~-':: " J' City A ttorney'~~ Finance \1 'Y L. 122 Mayor and City Council June 25,2007 Page 2 . . various lines of coverage. CIS also takes claims costs into consideration when determining premiums and the City has been able to obtain an additional rate reduction for certain coverages since our claims costs have been lower than projected. This year, Huggins Insurance was able to secure property quotes from CIS and Lexington Insurance. The quote from Lexington was approximately 2% higher than CIS and did provide a substantial coverage limit increase on property, earthquake, and flood, however, the company's quote also changed our per occurrence deductible from $1,000 to $10,000. In reviewing our loss history over the last few years, Huggins has recommended that the City maintain the lower deductible limit through CIS since other federal resources would be available in the event we incurred a substantial loss from a major disaster (earthquake or flood). Staff will continue to evaluate coverage limit issues and costs associated with any potential increase in the limits. In regards to Workers' Compensation coverage, the City was provided with options for a guaranteed cost plan and a retrospective plan. Currently the City is under a retrospective plan which incorporates a discounted premium if losses remain under a certain threshold. For fiscal year 2007-08, the threshold would be approximately $90,000. A review of current loss history shows that the actual losses paid in the 2005-06 policy year were $23,906.18 with no open claims. For the current fiscal year 2006-07, the paid losses through May 31, 2007 are $16,510.87 with incurred losses in reserve at $12,600.99 for a total of $29,111.86. These figures are well below the break even point which results in a substantially lower premium to the City over the Guaranteed Cost plan (estimated at $180,786.61). Based upon the evaluation of the historical claims data and the success of our loss control and safety programs, it makes sound fiscal sense to remain on the retrospective plan. A summary report of the CIS proposal for these coverages are attached for your information. FINANCIAL IMPACT: For fiscal year 2007-08, the estimated premium for liability, auto, and property insurance is $202,097.97 which is a 7% decrease in the premium paid for fiscal year 2006-07. The estimated base premium for workers' compensation coverage under the retrospective plan is $81,254.52 which is a .26% decrease in the 2006- 07 base premium. Calculations for the worker's compensation premium take into account payroll classification rate adjustments, the experience modification, and salary projections within the 2007-08 budget. 123 Insurance Proposal For City of Woodburn 07/01/07 to 07/01/08 Prepared by: Huggins Insurance Services, Inc. 1786 State Street Salem, Oregon 97302 June 22, 2007 124 City of Woodburn Insurance Proposal 07/01/07 to 07/01108 City/County Insurance Services Liability & Auto: General, Auto, Public Officials Liability: $ 5,000,000 Per Occurrence $15,000,000 Annual Aggregate Auto Physical Damage: $100 Deductible Comprehensive $500 Deductible Collision (Per Schedule of Vehicles On File) Property: Blanket Property Limit: Equipment: $60,840,000 Buildings, Contents Computers $ 1,961,537 Earthquake: Flood: $5,000,000 $5,000,000 Crime: $ 50,000 Boiler & Machinery: (Hartford Steam Boiler) $Included in Limit Above Oeductibles: Property: Boiler & Machinery: Earthquake/Flood: $ 1,000 S 1,000 2% of Combined Value of Damaged Property; Subject to $5,000 Minimum/$50,000 Maximum Note: Flood coverage in any A or V Zone will be excess of the maximum limit available through the National Flood Insurance Program (NFIP), and ifnot eligible for ~FIP, a SSOO,OOO deductible will apply. This is only applicable to properties in Flood Zones /\ or V. ---~~--------~. ---.-------~-- --~-~---~-------.~-------l 1'2~ . .""'c' COli"',.... - ~ z _ '" v ~ .),.... ..~ "'co \l" CIS Paid Loss Retrospective Plan for City of Woodburn Payroll Display and Contribution Estimate ! Class Description Payroll Manual Contribution Code Rate 5191 Office Machine Installation, Inspection, $140,620 0.79 $1,110.90 Adjustment or Repair 5506 Street/Road Maintenance $361,673 8.76 $31,682.55 I 7382 Transit $157,015 4.56 $7,159.88 I 7520 Water $508,594 4.79 $24,361.65 ! 7580 Sewer $507,782 3.96 $20,108.17 : 7720 Law Enforcement $2,033,534 4.45 $90,492.26 8380 Garage/Shop $42.329 3.33 $1,409.56 8742 Public Relations/Field $177,633 0.31 $550.66 Reps/Collectors/Messengers 8742V Volunteer Boards/Commissions/Public Officials 0.31 $0.00 8810 Clerical $1,693,105 0.21 $3,555.52 8810V Volunteer ClericaVlibrary/911 Operators $10,000 0.21 $21.00 i 8820 Attorneys/Judges/BailiffslCourt Clerks $170,607 0.21 $358.27 8831 Animal Control/Dog Catchers $119,588 1.36 $1,626.40 9015 Building Maintenance & Lifeguards $510,429 3.15 $16,078.51 9102 Parks Maintenance $448,796 4.08 $18,310.88 9402 Street/Sewer Cleaning & Snow Removal $39,909 6.63 $2,645.97 9410 Municipal/County Employees NOC $907,148 1.48 $13,425.79 Estimated Manual Contribution Increased Limits Factor x Experience Rating Modification Factor x Estimated Standard Contribution = Transition Adjustment x Estimated Adjusted Contribution = Initial Contribution Factor x State Assessment (4.80%) + Multi-Line Credit - Directly Written Account Credit - Estimated Annual Contribution = $232,897.97 1.03 0.94 $225,491.82 1.00 $225,491.82 0.350 $10,823.61 $4,509.84 $3,981.39 $81,254.52 "Budget Rate" and "Budget Estimate" "Budget Rate- is intended as a simple option for you to easily calculate "Budget Estimate- by class of employee and/or volunteer. Unlike the manual rate shown above, it has been modified by al/ applicable rating factors, discounts and assessment. Due to rounding of decimal points, 'Budget Estimate" of all class codes does not equal Estimated Annual Contribution. 126 Budge. Rate 0.79 8.71 4.53 4.76 3.94 4.42 3.31 0.31 0.31 0.21 0.21 0.21 1.35 3.13 4.06 6.59 1.47 ~A WQ.Q.Q.~.JL~N I II " ,~ 't' r d t r' d l 8 .If <J 11H ~~ . . June 25, 2007 TO: Honorable Mayor and City Council through City Administrator VIA: Frank Tiwari, Public Works Director FROM: Randy Scott, Senior Engineering Technician SUBJECT: Amendment to Personal Services Agreement RECOMMENDATION: It is recommended the City Council authorize the City Administrator to execute the attached amendment to the Personal Services Agreement with W & H Pacific for consulting engineering services in connection with State Highway Phase Two Sidewalk Project. BACKGROUND: An application for an OOOT Bicycle - Pedestrian Grant was made on July 1, 2GC'4. On October 29, 2004, notice was received that a grant in the amount of $480,500 was available for construction of sidewalk on the north side of Highway 214, with a connection to Front Street. Local share of the total project cost is estimated to be $25,000. The grant and the city share will fund the consulting engineering fees in addition to the construction cost. In accordance with Oregon Department of Transportation (OOOT) requirements the request for proposal for consultant services was invited and W & H Pacific was selected for the design engineering services on HWY 214 Phase 2 Sidewalk Project. Compensation under the agreement to provide design services on the project was negotiated at $107,021.29. As required by intergovernmental agreement, the council conditionally awarded the construction contract to Gelco Construction for the project subject to Oregon Department of Transportation review and approval; staff has since received ODOT approval and is prepared to commence with the construction. Construction engineering agreement needs to be completed as soon as possible so that construction can commence and a majority of the work ,-.:ompleted when school is not in session. Agenda Item Review: ~. /' City Administratot"""'~ City Attorney ~ /-\ F. \ I,,'), Inance. 127 Honorable Mayor and City Council June 25, 2007 Page 2 . . DISCUSSION: It is clear to staff now that the construction engineering services activities should have been considered at the time of the design services agreement, but it was not accomplished at that time and therefore, it requires this amendment action. The personal services agreement allows the document to be amended by a written instrument, signed both by the city and consultant. A change in scope has been requested of the consultant to provide construction engineering services on the project. The estimated fee for the additional services above the funds currently approved is $65,077, for an amended contract cost of $172,098.56. Staff has reviewed the competitive process used for the original selection of the consultant and has concluded that the change in the scope of work is in accordance with city public contracting procedures. The work tasks and hours needed to comply with ODOT right of way construction and permit requirements is generally higher than work performed in right of way under city jurisdiction. Staff has reviewed the scope and associated cost and recommends the amendment be approved. The proposed contract amendment document is attached as Exhibit 1. The entire cost of the project remains within approved ODOT grant of $480,500 and the city Share of $25,000, the amendment is needed to proceed with the project. FINANCIAL IMPACT: The Project costs are within budget and are funded by a ODOT Bicycle - Pedestrian Grant in the amount of $480,500 and city budgeted share of $25,000, which does not change with this amendment. Attachments: Exhibit 1, Proposed contract amendment Exhibit 2, Personal Services Agreement 128 ,-^IIIUII I CITY OF WOODBURN ENGINEERING DIVISION Amendment to Personal Services Agreement, Dated 7-7-06 Proiect Name: Project No.: Date: Consultant: 0R214: Woodburn Sidewalks Phase 2 2006- 001-38 June 2007 W & H Pacific It is hereby mutually agreed that the Amendment is for following described changes in the scope of work required to be provided by the Consultant and shall be executed without changing the terms of the Contract except as herein stipulated. AMENDMENT: fhe Personal Services agreement is amended to provide construction-engineering services for the project based on the following: Scope of work as attached as Exhibit "B". The breakdown of estimated fee as attached as Exhibit "82" I. Section 4- Tenn is amended to be completed by December, 2007 2. Section S-Payment is amended as Follows: A. Consultant fee not exceed $172,098.56 B. Services set forth in Exhibit A and Exhibit 8. C. Rates specified in Exhibit Band B2, REASON FOR A~(ENDME;'I.T: I'hc Am<:ndment has be~n requested b) the city to provide Consulting Engineering nceded on project. Contractor ill!:rees: L W~ hereby agree to the modification of the Contract as described above and agree to furnish all materials. labor and perform all work in connection therewith in accordance with the requirements for similar \'"ork in the ~xisting Contract except as uther.>. ise stipulated herein for the following consideration: Estimated Cost Amendment of '565,077.7..7 Oril!inal Contract Amt: $107,021.29 Previolls AdLlitions: Prey iOlls Deletions: o ---~ ~------~ ._~.- --~-- -~--~ o :"Iew Contract .-\mt: S 172.098.56 r ~)l. I.n 11 S lit t <l!lL Date: b )IJb~ ~'it.1;_ Date: F01'1n 9.1-95 129 EXHIBIT B 0R21~: Woodburn Sidewalk Phase 2 Construction Engineering Basic Services During Construction Outline Scope- Construction Engineering Services, the consultant shall provide the following: Furnish survey personnel and equipment as required establishing baseline control for construction. 2. Assist the city in Coordinating, Conducting the Pre-Construction meeting for project 2. Furnish personnel and equipment as required to perform on-site inspections a. Furnish the services of a Resident Inspector to provide inspection of the work of the Contractor during the construction period. The Resident Inspector shall be experienced in the type of work to be done to the end that competent inspection of materials and labor will be provided. The Resident Inspector shall visit the project site each day during construction ","ork. Allowance for Y2 time inspection (on average) for 3 months. b. Keep daily inspection reports b. V crify monthly reports of construction progress and monthly estimates as the basis of payment to the contractor. C. ;-..,fcet with represcntatives of local, state and federal agencies when necessary for consultation or conferences in regard to the construction project. J. Interpret the contract plans and specitications to dctcrmine construction compliance. e. Rcvie\\ and approve submittals. shop dra\\ings, schedules and other data the contractor is required to proviJe. f .\rrange for, or "" itness. field laboratory test as prescribed in the contract Ltocuments. " Lkterminc the suitability t)[" lln-site l11akrials to be used in the construction. 130 h. Reject work and matcrials that do not conform to the contract documents. I. Assist the city in determining payment due the contactor based on the extent of work completed. J. Rcview claims for extra compensation and requests for extension of time submitted by the contractor and prepare change order, recommendations to the city for tinal disposition. k. Submit written progress reports (monthly) on construction work completed, delays encountered, schedule revisions, or work moditications. 1. Upon substantial completion of construction, conduct investigation of the project and assist the city in preparing the punch lists of work to be done to achieve tinal completion. m. Assist the city in negotiating final payment for construction. Document proceedings of negotiations, if any, and record basis for tinal payment. n. At the completion of the project, prepare tinal project status report, including project cost summary, and prepare Mylar and Cad as-built plans. Special Services: 1. A separate purchase order \, ill be provided to the testing agency sekcted by the consultant and city to provide testing services on the project. 131 .... cu tv Exhibit "82" . Fee Estimate for CE Services Highway 214 Sldawaik PrOject Pnase 2 W&H PacIfic fd C Jald,rd A PaIne" a. (",,(I r Patrick Q. Linda F. ScottG Tony N. SIeve l( Je" B Esther K Writ' PrOject Canst. Canst. Con..!. Civil CAD Project Onice Party Field Project Total T"Sk Ta..i( D",,"cnption Mar. PM Insp. S"eclalist SUDDort Drafter Survevor Tech Chief Tech Admin Hours "--- -'. - _._ t_1(H..n) Rdlc~ $ 13694 S 12470 $ 8526 $ 8671 $ 85.26 $ 54.14 $ 6961 $ 64.36 5 73 89 S 4b.40 S 5513 r ipClJI.t.:Cl M.J.naQt;[!Iunt (d:i::'Um~ 6 1 .t''.Cul~~__.____ 24 48 72 - ---...- --.-'-.:.- .- -" i .' I ~ -" 2 4 4 8 8 2 28 .. 1 ,:JIlt: ,~t!i.....!_~~:::.ellr~~, CO~:!.i~~___~ ---- -' I :i I~Jrt.: (.0n5tfU('!IUII GOfltt.:rUfll..ot.: 4 8 4 16 - -------~-- -'--"-'-- ----- I 4 I _.- __I ~<1I1~lTu~!Jon !J:l~P"C;,DI1~U Jays 1_ ---- - 60 320 380 iMC"'",' Pm,,,,, p.,me"'. (5 ... ~)- ~~- 5 10 60 75 CUl1tr"ct Admlrllstr"llon.' Exlrd ~ t~(J~1<. Negollallon.~__ . _.~- ___JL...__ ~Q..- -- 8 56 I _.!.___~llInltt"l!.?hOP Or"wlrlg RttVIt:w 4 8 8 20 __~__+s.""il1t;"(jl1g SLPPOrt / RFI's 16 64 80 I. rl;[U~t;.out Activit/us / Ai:co{(J _~ I[)r,,~~_____ 4 12 16 12 8 24 76 - ,., __ ~_J',Ul1llg"I1':y (~~") , 0 GRAND TOTAL 67 138 I 340 72 80 24 4 4 8 8 58 803 r' ".,1, <if ....f,.~~i...AII,'-i.ub{,tJ.M.u,.."'t,jn"JfII ~vn:I....(.l\A~";:lC')lunt~ Gt: :;'C(\,ctt~\t:i2_ fott t::i~lrnd.(e JJ.22 D/ ,.;:;, 5/23/2007 Exhibit "82" - Fee Estimate for CE Services Highway 214 Sidewalk Project Phase 2 W&H Pacific ... ..1 WHP WHf' I Project Labor Reimb. Total Task Task Description Cost Expenses Subconsultant Cost -_.-- -- Ilouclv Rdtec Prl'J"ct Mdnag"munt (as5UfTIt! 6 1 ~~~-- $ 5.932 70 $ 360 00 $ 6.292 )'0 ---~- r Surv"y / Base~",..f~ntrol $ 1.96243 $ 140.00 $ 2,102.43 _3 Ipr" conSlructlo.n Conference $ 1.88639 $ 80.00 $ 1.966.39 -~- f.onstructlon Insoectlon (60 davsl $ 34,765 20 $ 1.900.00 $ 36.665.20 Monlt)ly Progress Payments (5 :, .:;ach) $ 7.13429 $ 375.00 $ 7,509.29 ---- Contract Administration / Extra , 6 V\.'g,rk Negoliatlons ~_6.524.54 $ 280.00 $ 6,804.54 .- ._~._----, -- 7 Submittal! Shoo Drawinq Review $ 2.227.43 $ 100.00 Kittelson $ 500.00 $ 2.827.43 I 8 Enqtneenna SUDDort ! RFI's $ 7.647.65 $ 400.00 Kittelson $ 500.00 $ 8,547.65 Close.out Activities I Record 9 Drawlnas $ 6,430.34 $ 380.00 Kittelson $ 1.500.00 $ 8,310.34 10 Contlqency (5%1 $ $ $ 4,051.30 GRAND TOTAL $ 74,510.98 $ 4,015.00 $ 2,500.00 $ 85,077.27 '-, Credit for Design Services not used $ (20,000.00) Net Fee Estimate for Construction Services $ 65,077.27 P ,Cllt "I Wuc.at."':!1 ,034806'.M.iJn<.t.gcmenl\COnlri1ct\A{lltlemt:n:~'l::t: :>CfVICtI&\B2_Fee Estlmafe 0::"-22-01 x:.;. 5/23/2007 2 CAnll)l1 ~ PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter referred to as "CITY"), and W&H Pacific. Inc., a corporation (hereinafter referred to as 'CONSUL TANT"). WHEREAS, CITY needs certain professional consultant services; and WHEREAS, CITY wants to engage CONSULTANT to provide these services by reason of its qualifications and experience; and WHEREAS, CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein, NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERV'CES The Scope of Work to be performed by CONSULTANT under this Agreement is described in Exhibit A, which is attached to this Agreement. Additionally, CONSULTANT's proposal in response to CITY's RFP is incorporated by reference as part of this Agreement as if fully set forth. SeCTION 2 - DUTIES OF CONSULT ANT A. CONSULT ANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work. B. CONSULTANT represents that it is qualified to furnish the services described in this Agreement. c. CONSULT ANT shall be responsible for employing or engaging all persons necessary to perform its services. D. It is understood that Ed Chamberland. P.E. will be designated by CONSUL T ANT as the Project Manager, a key person on the team providing services to CITY, under this Agreement and that this designated person shall not be replaced without CITY's approval. SeCTION 3 - DUTIES OF CITY ; .J..~. A. CITY shall provide CONSULTANT the pertinent information regarding CITY's requirements for the Project. B. CITY shall examine documents submitted by CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work. C. CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. D. The contact person on the Proiect for CITY is designated as David Torgeson, Assistant City Engineer. CITY shall provide written notice to CONSULTANT if CITY changes its contact person. SECTION 4 - TERM The seNices to be perlormed under this Agreement shall commence upon execution of the Agreement by both parties and be completed on or before Mav 1. 2007. SECTION 5 - PAYMENT Payment shall be made by CITY to CONSULTANT only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full perlormance of the services set forth in Exhibit A. CITY agrees to pay CONSULTANT a fee not to exceed $107.021.29. Compensation shall be only for actual hours worked on the Project, at the rates specified in Exhibit B, and related direct ,~xpenses. CONSULTANT shall furnish with each bill for services an itemized statement showing the amount of services devoted to the Project by CONSULTANT as well as any agents or employees of CONSULTANT and any direct expenses. Section 6 - TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice. l<:t~ . ' SECTION 7 - OWNERSHIP OF DOCUMENTS AU documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the Project for which they are made is executed or not. SECTION 8 - CONFIDENTIALITY All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement shall be considered as confidential by CONSULTANT until they are released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SeCTION 9 -INTEREST OF CONSUL T AN~( CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SeCTION 10 -CONSULTANT'S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor, under control of CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. Section 11 - Indemnity CONSULTANT agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by CONSUL TANT, its officers or employees. CONSULTANT agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense ~rising from the sole negligence, or willful misconduct, of CITY. Section 12 - Insurance CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. 136 B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1.000,000.00 for each occurrence. Such insurance shall include coverage for owned, hired. and non-owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. All insurance shall: 1. Include CITY as an additional insured with respect to this Agreement and the performance of services in this Agreement. CITY. 2. Be primary with respect to any other insurance or self-insurance programs of 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY. 4. No changes in insurance may be made without the written approval of CITY. SECTlON 13 - NONASSIGNABlLlTY Both parities recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SeCTlON 14 - ReLIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSUL TANT to do and perform the work in the most skillful manner, and CONSUL TANT agrees to perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 15 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder, shall not be deemed to be a waiver of any preceding breach or violat:~:1 by the other party of any term, covenant, or condition of this Agreement of any applicable law or ordinance. 137 SECTION 16 - STATE PUBLIC CONTRACT PROVISIONS All requirements of ORS Chapters 279A, 2798. and 279C including but not limited to the following, as applicable, are incorporated herein by reference. A. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, Agency may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized above shall not relieve the Contractor or its surety from its obligation with respect to any unpaid claims. B. Contractor and its subcontractors, if any, are subject to Oregon Workers' Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers' compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any. complies with these requirements. C. Contractor shall, upon demand, furnish to the Agency, written proof of workers' compensation insurance coverage. Contractor is required to submit written notice to the Agency thirty (30) days prior to cancellation of said coverage. D. Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract. E. Contractor is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract. F. Contractor agrees and certifies that it is a corporation in good standing and licensed to do business in the State of Oregon. Contractor agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of Contractor's obligations under this Contract. G. Contractor shall: G.1 Make payment promptly, as due, to all persons supplying to the Contractor labor and material for the prosecution of the work provided for in the contract documents; G.2 Pay all contributions or amounts due to the State Accident Insurance Fund Incurred in the performance of this Contract; (".".... ..,,.........-,...1'...... _, __., I_L_ G.3 Not permit any lien or claim to be filed or prosecuted against the Aaencv 138 G.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. H. The Contractor shall promptly as due, make payment to any person, co- partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. I. The CONTRACTOR shall pay em!}ioyees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.). J. An employer must give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. K. Contractor will comply with 279.835 et seq. in the procurement of products and services from a nonprofit agency for disabled individuals. SeCTION 17 - ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by the trial and appellate courts respectively. SECTION 18 - NOTtCES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: TO CITY: TO CONSULTANT: Frank Tiwari, Director of Public Works 190 Garfield Street Woodburn. OR 97071 Ken Husby, Project Principal W&H Pacific 3470 Pipebend Place, Suite 170 Salem, OR 97301-1784 13~:' SeCTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT SECTION 20 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Oregon. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year written. CITY OF WOODBURN: B~~ CONSULTANT: By: Title: City Administrator Date: 7- 7./o~ Title: Proiect Principal Date: 07-0(,-01- 140 EXHIBIT II An SCOPE OF WORK The Project occurs in the right-of-way of State Route 214. All work performed by the Consultant shall conform to the design and construction standards of the Oregon Department of Transportation (ODOT). A. Outline of Tasks Task 1: Project Management and Coordination Consultant shall prepare a detailed project schedule showing all major tasks, POT meetings, and review milestones. The schedule must be updated at major milestones throughout the duration of the work by Consultant. Monthly progress reports and progress billings shall be prepared in a format approved by the City. Consultant Project Management responsibilities are: . Contract management. . Subconsultant management. . Schedule, coordinate, and supervise project work. . Maintain liaison and coordination with City, ODOT, and outside agencies. . Prepare records of decisions. . Prepare progress reviews. . Monitor project budget. . Prepare, maintain, and update project activity schedule. . Provide timely responses to City and ODOT comments. Task 2: Site Survey and Mapping Consultant shall perform all surveying needed to prepare mapping, design all elements of the project, and prepare easement descriptions. Consultant Site Survey and Mapping responsibilities are: . Research and compile available survey data. . Recover existing horizontal and vertical control points. . Perform surveying and mapping, as necessary, to update existing information. . Locate and map a)(isting natural and man-mada faatures. . Map limits of potentially jurisdictional wetlands (should they be determined to exist) that may be impi-ided by construction. . Tie horizontal locations of all utilities. . Convert and update the existing base map 141 Task 3: Preliminary Design Consultant shall prepare preliminary da:Jign of all roadway elements including, but not limited to, roadway geometry and pavement sections associated with this project. Consultant Preliminary Design responsibilities are: . Prepare and evaluate concepts for alternative alignments of sidewalk in Front Street Ramp. A location on east side of roadway shall be compared with a location on the west. . Modifications to enhance pedestrian safety at the intersections of the ramp with the highway and Front Street shall be examined.- . Prepare preliminary design. . Evaluate storm water collection and disposal alternatives. . Review preliminary design alternatives with the City and OOOT. . Review available budget vs. estimated costs; if necessary, work with the City to make adjustments in the design needed to meet project objectives within the available budget. . Respond to City and ODOT review comments. The preliminary design will be a strip map of the proposed design documenting geometric features of the design and drainage concepts. It will be a 30% design. Task 4: Environmental A wetland delineation that Includes the limits of this project was completed during the previous phase of the project W&H Pacific will review the prev;ous wetland delineation and will submit, during preliminary design stage, to Oregon DSL for concurrence. Consultant shall identify environmental review needed for the project, and then prepare a Letter of No Effect memo with regard to Endangered Species Act needed to advance the project for ccnstruction. Consultant Environmental Review responsibilities are: . Coordinate environmental work with OOOT, the Oregon Department of Environmental Quality (DEQ), the Oregon Department of Fish and Wildlife, Oregon Department of State Lands (DSL), and the Oregon Natural Heritage Program (OHNP). . Perform a site inspection and prepare an environmental review letter report addressing natural resources issues (including wetlands) and storm water discharge increases resulting from the project. 142 Task 5: Right-af-Way Research, Mapping, Descriptions, and Staking Consultant shall research existing right-ot-way information and prepare legal descriptions for easements to be acquired. Consultant Right-of-Way Research, Mapping, Descriptions, and Staking responsibilities are: . Research and compile available right-ot-way data. . Prepare legal descriptions and documentation for acquisition of temporary and permanent easements by the City. One easement will be required for the project. A small update to the ODOT right of way map will be required . Easement descriptions shall be prepared by an Oregon licensed professional land surveyor. . Provide staking at easements for acquisition. Task 6: Utility Location and Coordination Consultant shall identify and locate all known utilities within the project limits, initiate contacts with utility companies, and coordinate relocations needed for construction of the Project. Consultant Utility location and Coordination responsibilities are: . Identify utilities within the vicinity of the project. . Send preliminary plans to each of the affected utilities. . Determine possible conflicts with utilities. . Establish communication with affected utilities, with the objectives of providing notice of design intent and mitigating conflicts (maximum at two meetings). . In instances 'Nhere there may be a major conflict with utilities, tie the vertical location of the utility (maximum of 4 holes). Task 7: Final Design Consultant shall prepare the final design of all roadway elements including, but not limited to, roadway geometry, pavement sections. drainage, construction staging and traffic control, erosion control, and pavement markings and striping. Consultant Final Design responsibilities ar06: . Prepare final design including final drawings. . Prepare proposed construction schedule. . This task includes 3 submittals: preliminary plans (70%), advance plans (95%), and final plans (100%). Task 3 . Preliminary Design includes the 30% design. . Respond to City and ODOT comments on final plans, specifications and estimates, and make revisions as necessary. 143 Task 8: Specifications and Special Provisions . W&H Pacific will write the technical specifications. and shall prepare Special Provisions utilizing ODOT Standard Special Provisions. Task 9: Quantities and Cost Estimates Consultant shall prepare updated cost estimates with each review milestone during the project design. Consultant Quantities and Cost Estimates responsibilities are: . Determine preliminary quantities and prepare cost estimates at review milestones. . Prepare final quantities estimate and Engineer's Cost Estimate. Task 10: Bidding Assistance Consultant shall be available for ar.swering questions during the advertising and bidding of the project. The following subtasks involved in Bidding Assistance are: . Respond to questipns from bidders and City. . Prepare plans and specifications addenda as needed. . Assist with the evaluation of bids, if necessary. Task 11. ODOT Coordination - Consultant shall work with the City to set up a Project Development Team {Pon consisting of Consultant and appropiate subconsultant staff, City staff, and 0001' staff as appropiate. Consultant shan schedule. prepare for, attend, and document PDT meetings and coordinate these activities with the City and ODOT. The meetings shall be used to review the proposed design at major milestones, evaluate impacts to right of way. the environment, and utilities. verify conformance to OoOT standards, and review constructability . Task 12: Contingencies - Consultant will indicate an altowance equal to five percent (5%) of total calculated fee as a line item on Exhibit 8 - Rates and Fee Estimate. No expenditure from this allowance will be made without approval of the Director of Public Works. B. Reviews and Profect Schedule: This proiect is scheduled for a spring 2007 bid opening. The Consultant shall prepare his schedule to enable cnnstruction to commence no later than June 1, 2007. 144 At minimum, reviews of the design shall be held at approximately 30%, 70% (preliminary plans review), 95% (advance plans and specifications review), and 100% (plans-in-hands review). Consultant shall prepare and submit a project schedule with the follow\ng milestones: . Project pre-design meeting . Field survey . Environmental reports . Preliminary design . Utility coordination . Easement descriptions . 95 percent plans, specifications, and estimate . Final plans and specifications . City and ODOT reviews . Recommended bid let date C. Project Oeliverables: Preliminary plans (70%), Advance plans (95%), and Final plans (100%) will be submitted in 11 x17 paper format. Final PS&E plans will be as follows: Roadway plans will be 11x17 Mylar del\verables and Structural plans will be 22x34 Mylar deliverables per OOOT requirements, stamped and signed by an Engineer registered in the State of Oregon. Consultant shall supply a\l elements of engineering design, plan sheet, and quantities in English measurements. Consultant shall provide digital copies of plan sheets in AutoCad 2000 format. An electronic copy of the special provisions (MS Word) and bid schedule (MS Excel) will be provided. All engineering and surveying shall be performed under the direction of the appropriate professional engineer and surveyor registered in the State of Oregon. The professional that has provided the direct supervision of the work shall stamp all reports, maps, plans, and specifications. Following is list of plan sheets by topics that shall be prepared and submitted by the Consultant on this project, where applicable and where required by OOOT: . Title sheet with Orawina Index 145 . Roadway details . Pipe Data . Roadway plans and profiles . T rafflc control and stage construction . Erosion control details and plans . Water Quality Details and Profiles . Pavement Marking and Striping Plan . Planting Plans . Bridge Plans Bidding Documents: . Unit Price Bid Schedule . Special Provisions D. City Responsibilities . City will negotiate and secure right-at-way and easements required for the Project. . City will assemble the bid package, including bidding and contracting forms, general conditions, wage requirements, and administrative special provisions. . City will print Contract Documents; distribute them to prospective bidders and plan centers; and shall administer bid opening. E. Clarifications and Exceotlons During previous phases W&H Pacific developed a basemap which includes the current project limits. W&H Pacific combined survey data tram Barker Surveying (English units, AutoCad format), W&H Pacific (metric unit, Microstation format), and OOOT data (metric units, Microstation format) into a metric basemap in the Microstation format. W&H Pacific will convert the existing map to English units and will compile in AutoCad 2000 format. W&H Pacific shall col\ect field data as required to update the current basemap. The pavement design previously completed for the 2003 pavement preservation project on Highway 214 is applicable. No design exceptions are required from ODOT for this project. Public Involvement and Railroad coordination are not included as Consultant responsibility. An ODOT 'Utility Timing and Status Report' is not required for this project. Up to four (4) PDT meetings are included. W&H Pacific will commit up to three (3) key team members to attend the POT meetings. The Consultant's fee is based on the understanding that ODOT shall provide a single point of contact PERSONAL SER\/ICES AGREEMENT - W&H PAC1FIC HIGHlNA y 214 SIDEWALK PHASE 2 PAGE 13 69 146 for setting up PDT meetings, distributing products for review, and gathering review comments Not included in the scope is wetland delineation, oSUCorps Removal/Fill permit applications, a DEQ stormwater management plan, nor a biological assessment. The environmental work does not include preparation of a storm water management plan or wetlands mitigation plan. Should it be determined during preliminary design and environmental phase of this project that such documents are required; an amendment to the Professional Services Agreement will be negotiated. Hydraulic analysis and design are limited to work associated with collection system; new storm sewer and conveyance system; and design of mandated storm water quality swale (or other water-quantity related feature required by OOOT). An archaeological report and historical report are not included. PERSONAL SERVICES AGREEMENT. W&H PACIFIC HIGHWAY 214 SIDEWALK PHASE 2 PAGE 14 10 147 ~ ~ ~- ((\ff"'\ e ~ ~ ~. ~ 2 ~'4~~t.C '(\q'" - ~~p ~ ~ ~ fJ\~ "",-~\~ -A f"~- _~ p""'- ._~,.~ \ -;) \ ~ \, \~ ...,. t , 1'1. 149 ~ WQ.Q.~~Q~N 111 ~,~ /'1' ',,!,'r.lle'i ! " 'I" . . June 25, 2007 FROM: Honorable Mayor and City Council through City Administrator Frank Tiwari. Public Works Director ~ ,::i(' ~/ Randy Rohman. Public Works Program ManagerA /ft TO: VIA: SUBJECT: Trees in Right of Way Impacting Public and Private Infrastructure RECOMMENDATION: It is recommended that City Council: · Accept staff's report and recommendations related to the street tree located at 924 Oregon Way; and · Prepare, for consideration at the Council's July 23, 2007 meeting, amendments to the existing tree ordinance as recommended in this staff report. BACKGROUND: At your June 11, 2007 meeting, Mr. Herbert Harrison of 924 Oregon Way asked the Council to remove a street tree in the City's right of way that is lifting his driveway. Because the subject tree, a Iiquidambar, is healthy, the City maintenance division denied his earlier request to them to remove the tree. Council directed staff to return with an explanation of the City's current tree- removal policies, and an evaluation of the circumstances specific to the Harrison request. Ordinance No. 1908 (Attachment 1) was adopted in 1985 and dictates policy regarding maintenance, and details the City's authority in the removal, of street trees. Street trees, as defined by the ordinance, are any "tree, shrub, bush, or other woody vegetation on land located within a dedicated right-of-way on either side of a street, avenue, or other way within a dedicated utility easement." The Ordinance places responsibility for maintenance and care of street trees on the abutting property owner, at the owner's cost. Agenda Item Review: '~ .,/[\ City Administrator .)0 City Attorney .. .j t ) /' j/ Finance -U 11 / 150 Honorable Mayor and City Council June 25, 2007 Page 2 . . The ordinance does not specifically prohibit a property owner from removing a street tree. Nor does it grant a property owner that right. All mention of tree removal addresses actions the City may take or require. The ordinance does, however, place the financial responsibility for removal on the property owner. It also allows the City to lien property to recover any removal costs it may incur. In practice, the City requires property owners to seek permission before heavy pruning, or removing a tree, and has denied permission when the tree is healthy. The ordinance authorizes the City to remove, or require a property owner to remove all or a portion of a tree that is in an unsafe condition, dead, diseased, or constitutes a threat to the health of other trees in the area due to illness or infestation. The City may also remove, or require a property owner to remove all or a portion of a tree that is damaging water, sewer, telephone and electric lines, or other public improvements such as curbs and sidewalks. The ordinance does not address the removal of trees that don't meet these criteria; staff interprets the absence of such a provision as being prohibitive. The ordinance also enables the City to require a proper~y owner to replace the removed tree at the owner's cost, from an approved list of tree species. In 1998, the City Council recognized the high cost of tree removal, and adopted Resolution No. 1514 (Attachment 2) to implement a subsidy program. The subsidy is available to reimburse property owners up to $500 of the cost of tree removal or extensive maintenance (ths owner pays the first $200 and costs above that amount are split equally until maximum of $500 is reached). This subsidy is applied when the City requires the removal or when the property owner requests removal to eliminate a hazardous condition. The City has also paid the entire cost of removing trees when trees are damaging its water or sewer lines. Similar to the Street Tree ordinance, Ordinance No. 1917 places the responsibility for maintaining, repairing, and replacing sidewalks on the abutting property owner. A sidewalk subsidy program c1~(' exists, to reimburse a property owner up to $500 for repairs to sidewalks and associated driveway approaches due to damage or deterioration. That ordinance does not specifically address driveway approaches; in practice these are viewed as the responsibility of the property owner if there is no sidewalk associated with the installation. A driveway that is associated with a sidewalk is treated as public improvement for the purpose of subsidy, since pedestrians use the driveway as an extension of the sidewalk and its good repair benefits the public in general. 151 Honorable Mayor and City Council June 25, 2007 Page 3 . . DISCUSSION: 924 Oregon Way. The subject tree is located on the property line between the house at 924 Oregon Way and the adjacent home to the south (the adjacent homeowner would also have to concur in any tree removal the Council may approve as a result of this matter). Inspection determined that none of the health-related criteria required for the City to remove the tree are met. Sewer and water lines in the area are located in, or on the other side of the street, so there is no interference with that infrastructure. Nor is there any lifting of the street curb, only the driveway and approach apron. Damage to the driveway is, however, occurring within the City right-of way. Inspection also found, as those familiar with the area know, there are no sidewalks. A driveway that is not associated with (crossed by) adjacent sidewalks is not a public improvement, as it benefits only the owner of the property and not the public in general. Accordingly removal criteria related to infrastructure damage as they pertain to public sidewalks are also unmet in the immediate instance. In summary, none of the criteria required for City removal of the tree are met. Staff recommends that Council deny the request that the City remove the tree. Given the concerns voiced at your la~t r~leeting regarding the trip hazard that raised concrete presents to the inhabitants of and visitors to the property in question, Staff believes the issue for the Council to consider in this matter is whether removal criteria should take into consideration damage done to "private infrastructure," such as the subject driveway. Staff believes it is reasonable to remove a healthy street tree if the damage to private infrastructure is occurring within the area of the City right of way, but only when there are no options available that would alleviate the damage without removal. Options could include cutouts for the tree, root trimming, shifting or other solutions that would allow the healthy tree to remain. City right of way generally extends 13 feet onto a property measured from the curb face. It appears the damage at 924 Oregon Way can be alleviated with a cut-out for the tree, and with root trimming. It has been the City's experience that liquidambars have an extensive root system, and can be subjected to aggressive root trimming without serious injUry to tree health. 152 Honorable Mayor and City Council June 25, 2007 Page 4 . . Staff believes two further issues exist for Council consideration, financial responsibility, and replacement. With respect to financial responsibility, staff recommends that if a healthy tree is removed at the property owner's request, the total removal cost should be the responsibility of the owner. Staff further recommends a sidewalk replacement subsidy should be provided to the owner only when the driveway repaired is associated with a sidewalk. No subsidy would be allowed where there are no adjacent sidewalks. These recommendations are consistent with the policies included in Resolution 1541 and Ordinance 1917, and are based on the loss of a public asset and associated lack of public benefit in such cases. With respect to tree replacement, Ordinance 1908 requires a removed tree be replaced. Staff recommends this provision should apply to owner initiated removals. It is further recommended, however, for consistency with the Woodburn Development Ordinance, that any new tree plantings comply with the WDO tree requirements. It is also recommended that a minimum size tree be required and that the replacement tree match the approximate height of the replaced tree at maturity. Staff proposes a minimum 2-inch diameter for replacement trees at planting. Finally, consistent with the conditions of approval placed on private development, permission to remove a healthy tree should be accompanied with a requirement that if the replanted tree does not survive it in turn must also be replaced. As a point of information, staff review of the Senior Estates area found at least 50 instances where a street tree/driveway impact has the potential to exist. Senior Estates is the main area where street trees may impact driveways without an impact to sidewalks normally constructed in association with the driveways in much of the remainder of the City. When there is a driveway associated with a sidewalk it is considered a public improvement since pedestrians use the driveway as an extension of the sidewall<'. There are also such potential conflicts in other older areas of the City that do not have sidewalks. As a further point of information, Public Works staff responds to numerous requests regarding trees each year. Many deal with tree removal. The Maintenance division addressed 58 tree-related calls this past year. Ordinance Amendments. The tree ordinance was adopted in 1985. While the ordinance remains legally valid and is currently consistent with Council policy, some sections should be updated for clarity, and for consistency with either current or revised practice. 153 Honorable Mayor and City Council June 25, 2007 Page 5 . . In addition to amendments to enact the foregoing policy recommendations regarding the removal and replacement of health trees, staff recommends amendments to: . eliminate the role of and reference to the long-defunct Street Tree Committee subcommittee of the Recreation and Parks Board; . update the list of allowable street ~rees to be planted for consistency with the WDO; . specify that no street tree may be removed without City approval; . update tree spacing standards for consistency with the WDO; . address all procedural and legal issues to ensure both due process for the citizen and legal protection for the City. With your approval of these recommendations, or with other direction, staff will prepare and return a draft ordinance revision for consideration at your July 23, 2007 meeting. FINANCIAL IMPACT: Staff time associated with process review is the only financial impact associated with the recommended action. 154 ATTACHMENT 1 COUNCIL BILL 849 ORDINANCE NO. 1908 AN ORDINANCE RELATING TO TREES LOCATED WITHIN THE CITY OP WOODBURN AND REPEALING ORDINANCE 1768. The people of the City of Woodburn do ordain: SECTION 1. Definitions: As Used In This Ordinance, The Following Words Mean: A Park tree: A tree, shrub, bush, or other woody vegetation located in public park or other area owned by the City having an individual name, and all other areas owned by the City, or to which the public has free access as a park. Pf'ivate tree: A tree, shrub, bush or other woody vegetation located on private property other than a dedicated right-or-way or City utility easement or public parks and grounds. Street tree: A tree, shrub, bush or other woody vegetation on land lying within a dedicated right-or-way along either side of a street, avenue or other way within a dedicated utility easement of the City. SECTION 2 Creation Of A Street Tree Committee: There is hereby created a standing committee of the Woodburn Recreation and Parks Board and the Woodburn Planning Commission that shall be known as the Street Tree Committee. The members of the committee are the same as the members of the Board and Commission. SECTION 3. Duties And Re nsibilities or The Street Tree Committee: The Com mittee shall study, investigate, and develop, and or update annually, and adminster a written plan for the care, preservation, pruning, replanting, removal or disposition of Street trees and Park Trees. The plan shall be presented when required to the City Council, and upon their acceptance and approval, shall constitute the official Comprehensive City Tree Program of the City of Woodburn, Oregon. The Com mi ttee, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work. SECTION 4. Street Tree Species To Be Planted: The Official Woodburn Street Tree List of acceptable species of trees, shrubs, bushes and other woody plant material shall be compiled by the Committee and made available to the public. No person, without the written permission of the City, shall plant a Street tre~ of a species other than those included on the list. SECTIO N 5. Street Tree Care: In consideration of the value and benefits derived from the beauty and enjoyment of the Street trees, the property owners abutting dedicated rights-of-way and utility casements, shall have the responsibility, control, and shall bear the cost of maintenance and CA.re of the street trees abutting their property, Hod shall regularly inspect nnd r~mov~ defective conditions flS necessary. PAGE 1 COUNCIL BILL NO. 849 ORDINANCE NO. 1908 155 SECTION 6. Public Tree Care: (1). The City may plant, prune, maintain and remove park and street trees, as may be necessary to insure public safety, or to preserve or enhance the appearance of public lands. The City may remove, or cause to be removed, at the expense of the abutting land owner, a tree or part of a tree which is in an unsafe condition, which by reason of its nature is injurious to public waterlines, private sewers, electric lines, telephone lines, gas lines, or other public improvements, or is affected with any injurious fungus, insect, or pest. (2). This section does not prohibit the planting of street trees by abutting property owners, providing that the selection, location, and planting of such trees is in accordance with the list of acceptable species and the other sections of this ordinance. SECTION 7. Summary Powers For Removal or Dangerous Or Nuisance Trees: (1). The City may prune a private tree when it interferes with the proper spread or light along the street from a street light, or interferes with the visibility of any traffic control device or sign. (2). The City may cause the removal of all, or part of any dead, dangerous or diseased park, private or street tree when the tree constitutes a hazard to life, property, or harbors insects or disease which constitutes a potential threat to other trees within the City. (3). The City may remove or trim a tree described in this section or may require the property owner to remove or trim any such tree on private property, or in a dedicated right-of-way or utility easement abutting upon the owner's property. Failure of the property owner to remove or trim the tree within 30 days after receiving notice by the City Administrator is a violation of this Ordinance, and the Public Works Department may then remove or trim the tree and asses the costs as a lein against the property. SECTION 8. Spacing of Plantings: The spacing of street trees shall be in accordance with the species, size, classes listed in the Official Woodburn Street Tree List of this Ordinance, and no trees shall be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; la.rge trees, 50 feet measured trunk to trunk, except in special plantings approved by the City. SECTION 9. Planting Distance From Cum And Sidewnlk: The distance the trees may be planted from curbs, or curb lines and sidewalks shall be in accordance with the official Woodburn Street Tree List. No trees shall be planted in any parkway strip less than 4 feet in dimension between the curb or curb line and thc sidewalk. No trees shall be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; large trees, 4 feet. SECTlON 10. Planting Distance From Street Comers, Fire Plugs, And Street Lights: No street trees shall be planted closer than 30 feet from any street corner, measured from the point of the nearest intersecting curbs or curb lines. No street trees shall be planted closer than 10 feet to Ilny fireplug or 30 feet to any street light measured fror.l the base of the street light. '1is:,)n clearance shall be provided as described in Section 8,19 of the Woodburn Zoning Ordinance. SECTION II. PIRnting Distance From Utilities: No street trees other than those species listed HS small trees in the list of acceptable species may be planted under 01' within 10 lateral ie.~t of ilny overhead utility wire,and no street tree may be planted over or witllin 5 lateral feet of Ilny undcrgound water line, sc\'.'cr line, transmission line or othcl' private utility. PAGE 2 COUNCIL BILL NO. 849 ORDINANCE NO. 1908 156 SECTION 12. Planting Distance From Property Lines. No private trees shall be planted closer than 5 feet to any private property line. SECTION 13. Tree Topping. Except 8S provided by this Section, it shall be unlawful as a normal practice or any person, firm or City Department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs or stubs larger than three inches in diameter within the trees crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this Ordinance by the determination of the City. SECTION 14. Pruning and Comer Clearance: The owner of a tree overhanging a street right-of-way within the City shall prune the branches so that the branches do not obstruct the light from a street lamp or construct the view of any street intersection. The owner shall maintain a clear space of 15 feet above the surface of the street, and 10 feet above the surface of any sidewalk. The owner shall remove all dead, diseased, or dangerous, or broken or decayed limbs which constitute a menace to the safety of the public. SECTION 15. Abuse Or Mutilation Of Trees: No person shall abuse, destroy, or mutilate any street tree, in a dedicated public right-oC-way, or any other public place, or attach or place any rope or wire (other than one used to support the tree itseln, sign, poster, handbill, or other thing to, or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gaseous liquid, or solid substance which is harmful to such trees to come into contact with their roots or leaves. SECTION 16. Removal Of Stumps: All stumps oC street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The costs of removing stumps shall be borne by the abutting property owner, and the costs shall be a lein against the abutting property. SECTION 17_ Tree Replacement: The City may require the replacement by the abutting land owner, at the land owner's expense, of a new tree after permission has been granted for the removal of an existing street tree. SECTION 18. Arborculturist Permit And Insurance Bond: No person, or firm shall engage in the business or occupation of pruning, treating, or r(>rr1oving street or park trees within the City without first applying for, and procuring permission from the Ci ty. However, permission shall not be required of any public service company, or City employee doing such work in the pursuit of their public service endeavors. Befor~ permission is granted, an aborcultruist shall file evidence of possession of liflbility insurance in the minimum amounts of $100,000 for bodily injury and $300,000 property damage indemnifying the City or any person injured or dn mFlged resulting from the pursuit of the endeavors as described in this Section. PAGE 3 COUNCIL BILL NO. 849 OROINANCE NO. 1908 157 SECTION 19. Interference With The City: No person shall prevent, delay, or interfere with the City or any of its agents, while engaging in the planting, cultivating, mulching, pruning, spraying, or removal of any street trees, park trees, or private trees as authorized by this Ordinance. SECTION 20 Administration Of The Ordinance: The intrepretation and administration of this ordinance is the responsibility of the City Administrator or persons designated by the City Administrator. SECTION 21. Appeals: Appeals from an order made under the authority of this Ordinance may be made by filing a written notice with the City Administrator within 10 days after the order is received, stating in substance, that the appeal is being made from the order to the City Council. The Administrator shall call the appeal to the attention of the City Council at their next regular succeeding meeting. At the meeting the appellant and the Recreation and Parks Director, or the Public Works Director may present evidence. Action taken by the City Council after the hearing shall be conclusive. SECTION 22. Review By The City Council: The City Council may review the conduct, acts and decisions of the Street Tree Committee. A person may appeal from the ruling or order of the Committee to the City Council who shall hear the matter and make final decision. SECTION 23. City Infraction Assessment: A violation of any provision of this Ordinance constitutes a Class 1I City Infraction and shall be dealt with according to the procedures established by Ordinance 1610. SECTION 24. Severability Clause: Each portion of this Ordinance shall be deemed severable from any other portion. The unconstitutionality or validity of any portion of this Ordinance shall not invalidate the remainder of the Ordinance. SECTION 25. Repeal Clause. Ordinance 1786 is hereby repealed. Approved as to Form: 7? cf4 ~ City Attorney /-jO-J5" Date ~/ ~~-- "? ~'------- APPROVE~>~&(::a~...- - WILLIAM J. CaSTINE, Mayor Pllssed by the Council January 14, 1985 Submitted to the ~1ayor January 17 , 1985 Approved by the ;\layor oJ,lnud ry 17 , 1985 F il,~, j i rl t! ~.~ () f fie t! 0 f t h t! Rccord,'r January 17 , 1985 Xl"['(:~T: n'~~~';~/ K./Btf~~([s, I?'-t7,mler '~ity of Woodburn, Orc;;on PAGE 4 COUNCIL Blll NO. 849158 ORDINANCE NO. 1908 CITY OF WOODBURN STREET TREE SPECIES This is 8 partial list of varieties and species of trees which are recommended, or not permitted Cor planting in dedicated City rights-of-way or utility easements. Other species, cultivars and varieties may be accepted upon the approval of the Street Tree Committee. Recommended Small Trees: Recommended street trees (or a minimum 4 foot wide parkway strip, with no overhead wires and a minimum 10-14 foot setback. Trees that will grow from 30-35 feet in height. COMMON NAME: Gerling Red Maple Til(ord Red Maple Schlesinger Red Maple Pyramidal Sycamore Maple Pyramidal European Hornbeam Chanticleer Pear Rancho Callery Pear Trinity Pear Rancho Little Leaf Linden SCIENTIFIC NAME: Acer Rubrum 'Gerling' Acer Rubrum 'Tilford' Acer Rubrum 'Schlesinger' Acer Pseudo Plantanus Carpinus Betulus 'Pyramidal' Prunus Prunus Prunus Tills Cordata Recommended street trees for a minimum 3 foot wide parkway strip, with overhead wires and a minimum 10-14 foot setback. Trees that will grow from 18-30 feet in height. COMMON NAME: Almira Norway Maple Glo~ Norway Maple Glo~ European Ash Glo~ Honey Locust English Hedge Maple Globe Desert Ash Golden Rain tree Wintergold Crab Apple Profusion Crab Apple LaValle Hawthorne K wanzan Cherry Thundercloud Plum SCIENTIFIC NAME: Acer Platanoids 'Almira' AceI' Platanoids 'Globe' Fraxinus Excelisor 'Globe' Gleditisa Triancanthos 'Globe' AceI' Camestre Fraxinus Vc10tina Koelreoteria Malus 'Winter Gold' Malus 'Sargent' Crategus Lavellei Prunus 'Kwanza' Prunus 'Thundercloud' Recommended Me<Jium Trees: Recommended street trees for 11 minimum 4 foot wide parkway with no overhead wires and a minimum 15 foot s~(bllck. Trees will gTOw 35-40 (eet in height. COMMON NAME: Cavalier Norway Maple Cleveland Norway Maple Vinclcaf Sycamore Maple Royal Crimson Maple Shade King Red Maple Ruby Red Horse Chestnut Flame Ash Cri mean Lin,kn ~.1,jnf~<)liI1l1 Linden PIJrple Europ,~'\n ltornbf~fHn SCIENTIFIC NAME: Acer Platanoidcs Acer Platanoidcs Acer Pseudo Plantanus 'Vinelea f' Acer Platanoidcs 'Royal Cri mson' Acer Rubrum 'Shade King' Aesculus Carnell Franinus Pennsylvl1nif~1l fAtr()pIJrpUrt~u' Tilifl Echlora Tilill Carpinus 159 Recommended Large Trees: Recommended trees for a minimum 8 foot wide parkway with no overhead wires. Trees will grow 60-120 feet in height. COMMON NAME: Sugar Maple Red Maple Norway Maple Cutivars Sweet Gum Linden Species Fagus Species Oak Species Celtis Species Tupelo Blue Ash Cinko Tree Oriental Plaintree Honey Locust (pod less) SCIENTIPIC NAME: Acer Saccharinum Acer Rubrum Acer Platanoides Liquid Amber Styrucinua THia Fagues Quercus Celtis Nyssa Sylvatica Fraxinus Quadrangulata G inko SHoba Plantanus Orientalis Gleditisa Traincanthos TREES NOT ALLOWED IN STREET TREE PLANTlNGS: The following trees are illegal and may not be planted in dedicated street rights-of-way or utility easements. In general, no conifers or fruit bearing tree may be planted in the right-of-way. COMMON NAME: Poplar Species Willow Species Holly Elms Lilac Species Pines Spruces Hickory Ca talpas Walnuts Box Elder Silver Maple Horse Chestnut Tree of Heaven SCIENTIFIC NAME: Poplus Species Salix Species Hex Species Ulmus Syringa Species Pinus Species Picea Species Carya Species Catalpa Species Juglans Species Acer Negundo Acer Saccharinum Aescules Hippocastanum Ailanthus Altissima 160 ATTACHMENT 1 COUNCIL BILL NO. 1931 RESOLUTION NO. 1514 A RESOLUTION ESTABLISHING A COST SHARING POLICY FOR STREET TREE MAINTENANCE IN PUBUC RIGHTS-OF-WAY. WHEREAS, the City has by ordinance established standards regulating the maintenance and care of street trees. and WHEREAS, pursuant to Ordinance No. 1908, the duty to maintain and care for street trees adjoining their property is on the abutting property owner, and WHEREAS, the costs of extensive maintenance or removal of street trees may cause an economic burden on the affected property owner, and WHEREAS, the City already assists property owners in a cost sharing program for constructing, altering or repairing of sidewalks in the public right-of-way which are adjacent to property, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Wood bum will initiate a street tree maintenance program that allows the City to share in the cost for extensive maintenance and removal of street trees. This sharing distribution will be determined by the following guideline formula: COST OF REMOVING TREE First $200 Above first $200 SHARE OWNER 100010 50% crIY 0% 50% The maximwn City subsidy for one property may not exceed $500. Section 2. The City may pay the entire cost of the tree removal, if the removal is done exclusively for the protection of city maintained water lines and/or sewer mains. Section 3. This program shall be initiated and administered according to established procedures at the discretion of the City. These policies and guidelines are attached to this resolution for reference purposes Page 1 - COUNCIL BILL No. 1931 RESOLUTION No. 1514 161 Section 4. The creation and administration of this program by the City in no manner relieves or absolves a property owner adjacent to a street tree ofhislher duty to indemnify and defend the City for damages to persons or property caused by the failure of the property owner to properly maintain a street tree. Section 5. All ftmding assistance by the City is predicated on funding being available and the Public Works Director is hereby authorized to make cost sharing decisions within the budget constraints and the limited resources available to the Department of Public Works. Approved as to form:0 ',\ , ~ od g, /718 Date ./ City Attorney 1 . APPROVED: c-:?;?."...,~ ~ NANCY A. BY,MAYOR . Passed by Council October 12. 1998 Submitted to the Mayor October 13, 1998 Approved by the Mayor October 13. 1998 Filed in the Office of the Recorder Oc tober 13. 1998 A TrEST: fY/ ~~ Mary ~ant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL No. 1931 RESOLUTION No. 1514 162 ttA ADMINISTRATIVE PROCEDURES & GUIDELINES FOR STREET TREE MAINTENANCE SUBSIDY PROGRAM The intent of this program is to keep the public right-of-way free of hazards by providing help to property owners with the extensive maintenance and removal costs of street trees. The following criteria will be used to determine the eligibility for cost sharing by the City in the public rights-of-way: 1) The tree must be on dedicated public right-of-way or within a dedicated utility easement of the City. 2) The City is requiring, or agreeing with the adjoining property owner to perform extensive maintenance or remove the tree when the tree constitutes a hazard to life, property, or harbors insects or disease which constitutes a potential threat to other trees within the City. The City may also require the abutting property owner to remove a street tree which is in an unsafe condition, and which by reason of its nature is injurious to public water lines, private sewers, electric lines, telephone lines, gas lines or other public improvements, or is affected with any injurious fungus, insect, or pest. 3) The property owner may request permission to remove a street tree due to hazardous conditions. 4) Stumps of street trees shall be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground. 5) Street trees shall be removed by licensed, bonded and insured tree professionals. 6) The determination of eligibility for any requirement by the Public Works staff shall be final; however, it would be subject to the normal appeal process. 7) The administration of this program will be subject to budget restrictions. a \streettreeprogram Pr~ect~28 163 ~/;:i',,-~u-..~., . . ~~~: , , WQ.QQ~~~N f 11 .: ,l , r v r oj f c' J f lJ fl ;j llJ ~~ . . June 25, 2007 FROM: Honorable Mayor and City Council rt5 John C. Brown, City Administrator<\d TO: SUBJECT: 2007 -08 Tourism and Economic Development Grant Award RECOMMENDATION: It is recommended the City Council: 1. Award 2007-08 Tourism and Economic Development Grant funds to the Woodburn Area Chamber of Commerce in an amount not-to-exceed $42,125; and 2. Authorize the City Administrator b execute a fee for services agreement with the Woodburn Area Chamber of Commerce. BACKGROUND: Two-ninths (22.22%) of the City's Transient Occupancy Tax (TOT) is earmarked for tourism and economic development via a grant program. These monies are distributed through a competitive grant process to local organizations who promote tourism or economic development, who can advance the City Council's purposes in creating and allocating grant funding, and who can demonstrate the ability to deliver projects that will benefit the Woodburn economy. Eligible projects pursuant to grant guidelines include those which: , Promote existing tourist attraction;; & events , Create a greater diversity of activities to attract tourists to Woodburn , Promote diversification of the City's economic base -, Promote projects and activities having the capacity to enhance long- term economic growth , Promote and assist existing small businesses , Provide technical and financial assistance to expand existing businesses d It R' City Administrotot-~ C't tt I . L. J F /. '/1 Agen 0 em eVlew: I Y A orney J-' ' , Inonce ~'I 164 Honorable Mayor and City Council June 25, 2007 Page 2 . . " Provide technical and financial assistance to develop new businesses. The Woodburn Area Chamber of Ccrnmerce was the sole recipient of 2006 funding, last year, receiving $44,000 for a "Branding" project, and associated tourism-related activities. DISCUSSION: Notice of funding availability for the Tourism and Economic Development grant was mailed in May 2007 to several local organizations, and published in the Woodburn Independent. The Chamber of Commerce was the only respondent, and requested $44,000 (Attachment A). Pursuant to grant guidelines, City staff evaluated the application earlier this r :.':Jnth, and deemed that the application is complete and the organization remains eligible for grant funding. As only one application was received, staff did not activate a review panel consisting of local tourism-related businesses. Staff met with and questioned the Chamber regarding its proposal, and forwards a funding recommendation on the basis of that discussion. The Chamber's proposal appears to further the objectives of the Tourism and Economic Development Grant Program. In the main, it provides for the ongoing operation of the Visitor's Center at the Woodburn Company Stores. It also seeks funds for specific tourism and econcmic development-related projects. The Council has, in the past, indicated hesitancy in funding staffing and operating costs with TOT grants. This proposal includes those costs, as they relate to the staff time required to coordinate visitor r.enter volunteers, for a paid part-time visitor center employee who covers weeKend hours that are difficult to fill with volunteers, and for the Executive's overhead associated with Center operations. Rental and utilities are donated by the Craig Realty group, so operating costs at the center are limited to insurance CO';E'.~'age, phone and internet connections, office supplies, and postage. These cr3 all necessary expenses, without which the Visitor's Center could not operate. The proposal also seeks support for operating expenses related to: advertising Woodburn in trade journals and regional publications, the Executive's professional memberships in tourism-related organizations and his time spent conducting site familiarization tours, and for a proportionate share of office supplies and utility costs at the Chamber office attributed to economic development and tourism-related activities. While these costs arguably 165 Honorable Mayor and City Council June 25, 2007 Page 3 . . represent what one would expect as typical Chamber-related expenses, they do support grant goals, and are thus reco.nmended for funding. The Chamber also asked for funds to conduct or participate in tourism or economic development relative projec+s. These include a tourism brochure, attending trade shows, and continuing to provide hospitality training for Visitor Center volunteers and local businesses. These activities are in line with the funding preferences expressed by past review committees and the City Council, and are recommended for funding. With respect to funding hospitality training, it is further recommended that the mOiley be granted with the condition that such training will be provided to City employees at no further cost. One element of the proposal, the Economic Development Survey, is not recommended. The value of the information that survey may produce, beyond what is currently being developed in the Downtown plan update, or what can be expected to be developed in the proposed Transportation Growth Management-funded analysis of the Highway 99 E area, is questionable. This item was also questioned, and removed from the 2006 grant review committee's funding recommendation to your Council for that year. Although it was not proposed by the Chamber, it r(,uY be desirable to focus such a survey on the industrial park. Staff will work with the Chamber in the coming year to better define the need for a survey there, and on the survey instrument itself. Such an item can always be fundeo, (Jt the Council's pleasure, if additional monies become available during the grant year, or in the coming grant year. For 2007-08, staff recommends maximum grant funding of $42,125 for the Chamber. As is your policy, grant awards are conveyed through a fee-for-services agreement. Upon your direction, a contract will be negotiated and executed with the Woodburn Chamber of Commer<::e for 2007-08. FINANCIAL IMPACT: Adequate monies are available in TOT grant revenues to fund the Chamber proposal in the amount of $42,125, as recommended. 166 ATTACHMENT A REC'O MA't 1 8 2007 crN ;"DM~~f~~'s OFflCE 1//(),)(jl1tl(f1/\ri),l t;.l a ril ()e ( t) f -~ ~. ' .-' ~ Commerce I Grant Proposal for 2007 TOT Funds J .' .'11"':'" ~ 167 I I Introduction . Woodburn Area Chamber of Commerce . 1 Responsible for promoting and enhancing tourism . Enhancing the diversity of our economy Support and Expand our business community We are dedicated to preserving and enhancing our natural and cultural environment, and providing Woodburn's visitors with affordable and enriching experiences that are rewarding escapes from the everyday. '.....1 t If '.t I 1 . 19';< / ./ . f -'.', /. 'i " "j i , ~ ~..;: ~ /' "", /'. /" ",)'/ ., " J ) ; ~ ; ,~'J' { t iod I I ,', ;; i~'h7}..;~ :.~.,'~~ , , :t"", :1.<" Problem Statement . The Chamber operates one of the busiest Visitor Centers in Oregon. This requires hundreds of staff and volunteer hours. Which is additional expense to the Chamber. . Without support from TOT funds it is difficult for the Chamber to cash flow VC operations under the present financial structure. .. Over 26,000 guests used the Visitor Center in 2006. Our web hits and visitor count are up expedentially. .I Tourism development, even when leveraged with others, takes funding for promotional and marketing efforts such as FAM tours, collateral pieces. Without adequate funding from TOT funds the Chamber has no addition funds to do these important tourism development projects. J Workforce Development is important to our economic health. I Some businesses in the community can never fill all the job positions that are open. J This also makes it difficult to attract new business to the area. I New businesses look at quality of life and the workforce pool. 169 I I , : -:.t1:~~.. ~ , .. " ',:~}~',",t~1 ~ , J:."r.-;$"~~~!;.<4::1.t> . ,'" Objectives . The Chamber VJants to increase the number of Group Tours to the area. :J The Chamber wants to reach more volunteers and train them in quality customer service. .l The Chamber wants to address Workforce Development issues using our partnership with the business community. J The Chamber will work with the city, county and state to continuously attract new businesses to the area. 170 I I Key Benefits II The Chamber has an excellent relationship with its membership. . The Chamber is the lead organization for tourism and economic development at this time. ]I The Chamber has forged partnerships to leverage funds with others to make funds go further. .I The Chamber has access to other local, county and state organizations to promote and enhance tourism and economic development in the community. I The Chamber has progressive programs addressing the needs of local businesses. 171 I , Statement of Work . The Chamber implemented a series of Familiarization tours which help educate other groups to the assets and benefits to visitors, both FIT and Group Tours. .I The Chamber leverages financial and human resources with other organizations. .:1 The Chamber runs their programs with a high degree of efficiency. I Trained volunteers and staff to assist guests to the community. J Work with business community to create a "Signature Event" that draws new money into the community from the outside and has significant economic impact. 172 I j Key Personnel )I Management Team Chamber of Commerce Programs/Events Tourism Development Business Development 173 2007 Woodburn Area Chamber of Commerce Marketing Plan Intro/Market Summary/Background/Situation Analysis - We are asking that this plan accomplish two separate but inter-related goals. First, is marketing the Chamber, our events and programs and secondly marketing Woodburn to our target market. The target market for events and programs is more local obviously with marketing Woodburn being further in distance but likely with the same brand message. Using our brand strategy and new tagline "Always Fresh Discoveries" we want to reach both markets using a consistent message which utilizes the elements of our brand strategy. Previously we used traditional media to reach out to our target markets. Although those target markets have previously not been clearly defined. With the Woodburn Company Stores, Wellspring and the Tulip Festival all targeting the same market it would seem bad business to go in any direction other than where these three marketing powers are headed. This marketing committee is both tourism related and economic development related. All marketing efforts should reach a target tourist market but it is also the marketing that is likely to reach those companies that might be interested in the Woodburn area. Marketing Chamber events and programs is also extremely important to the well-being of the Chamber and our ability to expand our programs, membership and influence. The more our members and the community understand about what we are doing the more support there is for the Chamber and our efforts. Target Market - It's not good business to try and be all things to all people. Instead, we must reach a specific group of customers. If we satisfy their needs and understand precisely what they want, we earn their trust, and hopefully, return visits. Our primary target market is tourists. Since Woodburn is a short drive from Portland, and Portland is highly effective at attracting visitors for longer periods of time, we want to entice them to take a day or two out of their Portland/Oregon stay to visit Woodburn and to make their own "fresh discoveries," no matter what their main interests are. Our secondary market is new businesses: we must continually strive to make Woodburn an attractive area for new businesses to be. This market looks to many factors to influence their decision: economy; residents; other businesses; tax structure; road access; worker base; and others. 17~ THE COMPETITION Challenges/Opportun ities The largest challenge is leveraging the limited funds we have to work with. In a normal year the Chamber must compete with other entities to get Transient Occupancy Tax (TOT) funds. Without those funds the Chamber is left with very, very little capital to invest in marketing. Making sure the city and those in authority clearly understand this is also a part of marketing. Another challenge is making sure that all our marketing follows the brand strategy. As is stated earlier in this document we can not be everything to everyone. The brand strategy sends a message to the public that covers many of our offerings but leaves it to them as individuals to pick the want to discovery. Our challenge is to communicate the brand in a way that they know what choices they have. The largest opportunity is our new brand and brand strategy that helps send a consistent and refreshing message. It is a positive image of Woodburn that we need to market so that it becomes positive thoughts when people think of Woodburn. Our Strategy Destination Promise Core Identity Goals Advertising/PR TV ads on cable for free, co-op print ads Tourism committee, their goals Promotion, partnerships Financial Objectives - Maximizing occupancy at all the lodging by enticing visitors to stay longer and discover other parts of Woodburn and the area. Also, maximize participation in Chamber programs and events by members and the community. This all helps to increase transient room tax and revenue generated by events and programs to support Chamber operations. Destination Promise: We are dedicated to preserving and enhancing our natural and cultural environment, and providing Woodburn's visitors with affordable and enriching experiences that are rewarding escapes from the everyday. !75 Key word - Discovery Core Identity Theme What it Means In just a few hours in Woodburn a visitor can learn, feel, taste, smell, and see many unexpected and rewarding escapes from the everyday. Whether it is discovering the surprises in Woodburn's Company Stores, the 180 crops grown on local farms, the city's rich cultural diversity and history, or its high quality of life. Take the time to discover the different types of Mexican food in Woodburn. A few hours here always brings fresh discoveries. How to Communicate 'Discovery' Communicate little known facts about the city in interesting and casual ways ~ When possible, use images of Woodburn that are not expected ,- Show visitors engaged and absorbed in unexpected local experiences ~ . Highlight opportunities to learn or become better in particular activities -- Point to Oregon's most unique shopping experiences - brand clothing to garden plants Group tour itineraries that include things you won't do or see elsewhere Suggested Examples of this Experience , , Surprises at Woodburn Company Stores Discover unexpected colors and varieties in a field of flowers - Learn about the early French settlers I nspect the engines of hot rods and dragsters Savor the taste of local marionberries Enhance your skills and knowledge about gardening and growing tulips Uncover Woodburn's past at the Historical Society Museum Photograph the ornate design of "The Old Believers" Church Taste the difference in the styles of authentic Mexican food Encounter something interesting happening on local farms in every season Discover nearby Silver Falls State Park Join the fun at one of Oregon's largest Mexican Fiestas Key Words The following words and phrases can be used to convey "discovery" as it relates to the Woodburn experience. These should be used with care and only where appropriate and credible. Different Discover Encounter 175 Feel . Find I Find out Get a scent of Hear I Hear about . Identify - Learn . Observe . Reveal Run across See Serendipity Smell Surprising Touch . Uncover : Unexpected Unusual Key Word - Enrichment Core Identity Theme What it Means Woodburn's fresh discoveries provide enrichment for visitors who want to know more about some of their favorite pastimes such as gardening, flowers, hot rods, golf and shopping. These rewarding escapes from the everyday draw them in because they resonate with the passion they hold for those pursuits. From learning about gardening and horticulture, golf, motor sports, to searching for gifts and bargains, their encounter with Woodburn are an enriching experience. They can be soon "lost" exploring acres of flowers or acres of stores, studying the nuances of different race cars, or perfecting their putts. How to Communicate 'Enrichment' , Whenever possible demonstrate how the visitor experience in Woodburn is enriched by contact with local experts who share their interests and have first hand knowledge and expertise in those particular activities. . Demonstrate how the sense of enrichment is heightened because of the quality of Woodburn's experiences e.g. Oregon's premier drag strip, Oregon's largest tulip fields, gardening seminars, etc. Provide easy access to information and high quality interpretation of places, produce, and events. Highlight ways to participate in special learning opportunities, events and meetings with experts that are not normally or readily available. Establish Woodburn as a leader in providing these value-added experiences. Suggested Examples of This Experience Hear lectures and join discussions about growing a particular flower Meet and talk to experts Learn about the work of a local artist Discover more of Oregon's history Become engrossed in the competition between drag racing enthusiasts Feed the animals on a farm or jump on a 0ayride Be absorbed by fields of color Rise to new challenges on the golf course Key Words 177 The following words and phrases can be used to convey the 'enriching' qualities of the Woodburn experience. These should be used with care and only where appropriate and credible. Atmosphere Become aware of Captivating . Down to earth . Enchanting Encounter Enjoyment Enrich Fascinating Find . - Fulfilling Immerse yourself . Learn - Memorable 1-- Relive Retrace -- Rewarding Richness - Satisfying . Savor ;-- Sense of accomplishment - Smell, hear, feel, taste - Stimulating -- Touch , Uncover ; Unpretentious - Wonder Worthwhile Key Word - Welcoming Core Identity Theme What it Means Since it was founded, Woodburn has had the welcome mat out. The city prides itself on welcoming newcomers, whether they are new residents, businesses, or visitors. Today, Woodburn is still an important hub for visitors to Oregon and the North Willamette Valley. We not only welcome visitors to our community, but enhance their visit by providing rewarding escapes from the everyday. Golfers, gardeners, shoppers, and motoring enthusiasts are all delighted by the fresh discoveries that leave them more fulfilled because of the informative, friendly, and helpful nature of our residents. How to Communicate 'Welcoming' . Whenever possible demonstrate the diversity of services, facilities, and amenities available in Woodburn. . Demonstrate how our friendly, informative, and helpful nature is a positive theme across all elements of the community. . Make it easy for people to learn about their interests through high-quality wayfinding, information distribution, and interpretation. . Ensure that all aspects of the city are visitor ready and capable of delivering outstanding service and support the delivery of the Woodburn Destination Promise. . Show images of visitors interacting with friendly locals in believable and interesting situations. . Continue to integrate the local perspective and relevance into Woodburn's Oregon Q training. . Ensure that visitor center staff and other front line staff know and embrace the brand, and consistently do their part in delivering the Woodburn Destination Promise. 178 Suggested Examples Of This Experience . The welcome from more than 85 Company Stores . Learn more about gardening, golf and hot rods from helpful and knowledgeable experts . Talk to any front line staff member about the community . Attend seminars and talks at garden nurseries . Wander freely around the fields of flowers and nurseries . The availability of quality signage, brochures, web sites, amenities and parking Key Words The following words and phrases can be used to convey the 'welcoming' qualities of the Woodburn brand. . Accessible . Affordable . Comfortable .. Convenient Easy -. Efficient - Fast, easy access ~ Friendly .~ Helpful ~ Hospitable ,- Informative :-. Knowledgeable ,..., Learning atmosphere - Open -- Safe Simple . Welcoming :. Well-located TAKING CARE OF BUSINESS FOR WOODBURN Our Goals: . Continue to increase the average stay and dollars/person spending by cultivating our target markets . Focus on Woodburn's many attractions and activities . Position Woodburn as an easy, quick day trip from the Portland or Salem area . Recognize and improve relationship strategies to increase tourist visits . Continue to increase our visibility with visitor associations, group tour planners, tour bus operators, and tourists How We Will Achieve This: . By streamlining media buys, redirecting consumer advertising dollars and increasing tourism/group tour efforts . By building on public relations efforts to gain continual media exposure for our center, brands, and events . By working with chamber members and partners to communicate activities, events, information and promotions to our market . By continuing to provide customer service training and tools for our tenants Challenge 179 New retailers continue to open nearby, encroaching on our target audience and giving them more choices. Opportunity Add to our current shoppers' loyalty with our brand name stores, great prices, tax-free shopping, and seasonal promotions to reward them for shopping at Woodburn Company Stores. Challenge Our demographic may not be well-informed about all that the Woodburn area has to offer, and are typically last-minute planners for events, weekend activities, shopping, recreation, etc. Opportunity Advertising dollars and programs will continue to be placed in the timeframe immediately prior to events and holidays so we're top of mind when consumers are deciding where to spend their time and money. Challenge To retain visitors and have them recognize the unique "fresh discoveries" and return because of this, or to spread the word about their experiences. Opportunity When visitors have pleasant experiences, they tend to tell their friends and family about them. Hopefully, this will encourage more people to visit the area. Events and Promotion Successful promotion begins with partnerships. The WACC is committed to growing our market share by continually developing opportunities and partnerships and looking toward new markets to maintain our competitive advantage. Partnerships include supporting the events of our membership and those that will help draw more attention to our offerings. All events are promoted heavily on our website and via e-newsletters to our own database. We will be involved with the following events and promotions scheduled for this year, with more to be determined: Greeters Program, 7:30 am Fridays, at a different business each week (except June-August) Leadership Youth Program, 3rd Tuesday each month, September - May Forum Luncheon Program, 3rd Wed. each month, 12 pm w/keynote speakers (except June- August) First Quarter, January-March Annual/Distinguished Service Award Dinner... January 27 Access Summit... February 15 Woodburn Community Auction - Chamber, Woodburn FFA & WHS Bulldog Foundation.. . March 17 Wooden Shoe Tulip Festival. 3/20-4/22 Tulip Festival kickoff event at Woodburn Company Stores, 3/24 180 Second Quarter, April-June Annual Golf Tournament at Langdon Farms...June 14 Third Quarter, July-September Fourth Quarter, October-December Crystal Apple Awards Dinner Honoring Excellence in education... November 2 Shopping Extravaganza at Woodburn Company Stores, 11/3 Christmas Tree Lighting Festival and Events, 11/17-18 Winter Release, 11/10/07 PARTING WORDS/SUMMARY With the continued participation and help of our city and business partners, the Woodburn Area Chamber of Commerce will continue to increase traffic to the area and thus dollars spent. With targeted, co-op advertising, proactive public relations, and by working closely with members to leverage their existing promotions and events, we will continue to grow. By specifically targeting tour bus visitors and free independent travelers (FITs) who spend large amounts during their time here, we will streamline your marketing dollars for efficient spending. Traffic and sales will continue to increase so everyone can benefit! 181 Woodburn Area Chamber of Commerce 2007 TOT Grant Proposal Materials & Services Advertising Dues Rental & FAM expenses Telephone Visitor CenterfEconomic Dev. Utilities Office Expenses Insurance Postage Staff time for Tourism & Economic Deve10pml Operating Expenses Captial Projects POVA Trade Show Tourism Brochure (80.ooo) Home & Garden Trade Show Signature Event Hospitality Training Economic Deve!opment Survey Sub Total Total Expense $ 5.000.00 $ 1.000.00 $ 3.600.00 $ 6.000.00 $11,78600 $ 2.141.00 $ 4.221.00 $ 1.000.00 $ 3,80000 $ 9.000.00 $47,54800 $ 500.00 $10000.00 $ 500.00 $ 5.000.00 $ 4.326 00 S 2.500.00 $ 2282600 Total percentage dedicated te> Economic Development Tourism Marketing/Promo+ion $ 5.00000 Tourism $ 1,000.00 Tourisrr/Sc('n I)"'} $ 3.60000 Tourism 56% $ 3,360.00 Tourisrr/Fcon Q!'v $11.786.00 Tcurisl'T'/EcC'n DE' $ 2,141.00 Tourism/f:c0r C''''v 52% $ 2, 195.00 TcuriC:I'T'/E(~rm 0"" S 1.000.00 T ourisrr/Ec0'l. [''v 50% $ 1,900.00 TcuriSI'T"Er'''', f',:'. $ 9.000 00 T-:Jupsm 75~{1 of total $ 3,iSO.OO $ 750.oa 5 2.700 . C~ ~ /.,')20 00 S qe..o (1) s 1 GOGf:'1) $ 1,38301) ~ 720,00 S 1.4;'<; 00 $ 87:::0"0 $ 40,98200 ?!J,G;c1 ,~Il $ 500.00 Tourism $ 375 CO $10.00000 Tourism/Eccrorri,- l'nv,>Jopn'er'! S 7,'}0001) $ 50000 Tourism .~l~r; 01} $ 4.326.00 Tourism .5 .11-14 00 $ 2,50000 Economic l)e'IPlof-"ller~ .5 1.G7,;"1) $ 17,82600 11.'1;'1 :,n $44000' 'Grand Total $ 70,374.00 'rl'>ere i<; a difference of 543 00 whIch +he Chamb{>r will absorb $ 58,808.00 Total Request 1 ,,\ Ir:l~' I; " 1.,',,.-,,,, . ~ -, ~ _ l, , 1 .2':'0 CO 5 ;:50 '::'J .;; ~QO 00 ~ r-1o.CO ) ;' 9<1'3 r,1""I ". 733 c::; .' ~ .-, 1 10 ~C' ,: >t ,-''''1] 0ro 5 47S CJ t :' :''i0 CS . ~ r.'_~ 1 r") r : ;,o--r: c,.. N 00 .-4 "" 1)t:: ~C' l' ~,t::0C CO "'. 1/'50::; . 1032:::::;' G;:'S C'.'" 1 ,-jS7 r(' /--:"~""~'1iF'~',~" ~4 WQ.Q.:Q.!~..l:L~N t 11 : " f r J r .1 , .:.1 , lj '" -I 1J/A~_ A L IlK r~(~ . . June 25, 2007 TO: Honorable Mayor and City Council FROM: John C. Brown, City Administrator SUBJECT: Appointment of Administrator Pro Tern RECOMMENDATION: It is recommended that the City Council appoint Community Development Director Jim Allen as Administrator Pro Tem for the period of June 27 through June 29, 2007. DISCUSSION: I will be using three leave days from June 27-29,2007. Pursuant to Section 21 (e) of the Woodburn Charter, the City Council shall appoint an administrator pro tem whenever the Administrator is absent from the City. The Pro Tem Administrator possesses the powers and duties of the Administrator, but may not appoint or remove a City officer or employee except with approval of the majority of the Council. I am rotating this responsibility among the department heads, as occasion arises, to give each one some experience in the position. Mr. Allen has accepted this assignmenl in the past and has the skills needed to successfully complete it. FINANCIAL IMPACT: None. !\genda Item Review: City Administrator._ - City Attorneyt IL ') Finane I..JLJ! 183 'A~4 WQQ.f2.BlL~N 13A .. II , ~ ~;' ,'.1: r.i i'..,.J A~I~ . June 25, 2007 TO: Honorable Mayor and City COJncil through City Administrator VIA: Jim Allen, Community Development Director 9Ll FROM: Breah Pike-Salas, Associate Planner SUBJECT: Planning Commission's Approval of Design Review 2007-04, Exception 2007-03 located at 400 S. Woodland Avenue. RECOMMENDATION: No action is recommended. This item is placed before the City Council for information purposes in compliance with the Woodburn Development Ordinance. The City Council may call up this item for review if it desires. BACKGROUND: On June 14. 2007, the Planning Commission adopted a final order approving a request for Design Review (Type III) approval to construct a 34,200 square foot addition onto an existing freezer, and a 22,000 square foot addition onto an existing cooler and loading dock at the Winco Facility in the light Industrial (lL) zone. and Exception approval to the 6-foot sidewalk requirement for the boundary street improvement requirement for S. Woodland Avenue. The subject site is 400 S. Woodland Avenue and can be identified specifically on Marion County Assessor's Map as T5S, R2W, Section 11, Tax lot # 1100. The subject property is approximately 84.5 acres in size and is zoned Light Industrial (IL) District. The adjacent uses to the north are the Do It Best Hardware supplies warehouse (across S. Woodland Avenue). The hardware supplies warehouse is zoned IL District. Adjacent to the northeastern most portion of the subject property is the Hillyer's Ford auto dealership which is zoned CG District. Interstate 5 extends along the southeast side of the property. The Wal-Mart retail store and vacant land are currently on the opposite side of the interstate and are zoned Commercial General (CG) District. The Woodburn City Limits extend along the west and southeast sides of the subject site. The Urban Growth Boundary (UGB) extends along the property's west boundary. The adjacent property to the west is zoned Marion County Urban Exclusive Farm Use (EFU) and is used as farmland. There is no wetland located on the Winco property per the \ . City Administrator~ , 1 Agenda Item Review: Finance. i }1 184 Honorable Mayor and City Council June 25, 2007 Page 2 . . City of Woodburn Local Wetlands Inventory dated January 2000. The subject site is located outside of the 500-year floodplain per Map Number 41 047COl19G, effective date January 19, 2000. The applicant is ESI Constructors, 950 Walnut Ridge Dr., Hartland, WI 53029 The property owner is Winco Foods, P.O. Box 400, Woodburn, OR 97071 DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 1:\Communlty Development\Planning\City Council\F-C Action Memos\2007 PC Action\DR07-04.Excpr:i/ 03 Wlnco Foods.doc 185