Agenda - 05/27/2008CITY OF WOODBURN WALTER NICHOLSTCOU CGOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
CITY COUNCIL AGENDA PETERMCCALLUM,COUNCILORWARDIII
JAMES COX, COUNCILOR WARD IV
MAY 27~ ZOOH ~ 7.00 P.M. FRANK LONERGAN, COUNCILOR WARD V
ELIDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. A hearing to consider the Urban Renewal Budget wili be held
on June 9 at 6:45 pm. At its regularly scheduled meeting on
June 9 at 7:00 pm, the City Council will conduct a hearing to
consider the City's 2008-09 budget.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
5. COMMIITEE REPORTS
None.
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already schedvled on the agenda.
~•xabra interrrretes c~isponib~es para aquef[as personas que no G~ab[an Ingfes, previo acuerao. comuniquese
c~~ (503) 980-2485...
May 27, 2008 Council Agenda Page i
8. CONSENr AGENDA - ltems 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. Woo~dburn City Council minutes of May 12, 2008 1
RecQmmended Action: Approve the minutes.
B. Woadburn City Council workshop minutes of May 12, 2008 10
Recammended Action: Approve the minutes.
C. Woadburn Recreation and Parks Board draff minutes of May 13, 18
2008
RecQmmended Action: Accept the draft minutes.
D. Woadburn Planning Commission draff minutes of May 8, 2008 21
Rec~mmended Action: Accept the draft minutes.
E. Claims for April 2008 24
Recommended Action: Receive the report.
F. Crime Statistics for April 2008 31
RecQmmended Action: Receive the report.
G. Coc~e Enforcement Statistics for April 2008 36
RecQmmended Action: Receive the reporf.
H. CorMmunity Services Statistics for April 2008 37
RecQmmended Action: Receive the report.
I. Planning Project Tracking Sheet dated May 22, 2008 39
Recommended Action: Receive the report.
J. Rental Housing Ordinance 42
Recommended Action: If the modified ordinance is
acceptable to the City Council, forward to the Stakeholder
Group of interested parties.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
1~1ay 27, 2008 Council Agenda Page ii
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 Covncil's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill 2722 - Ordinance levying assessments for the 50
improvement of Tout Street between SetFlemier Avenue and
South Front Street
Recommended Action: Adopt the ordinance.
B. Council Bill 2723 - Ordinance levying assessments for the 55
improvement of Boones Ferry Road between State Highway 214
and Goose Creek
Recommended Action: Adopt the ordinance.
C. Council Bill 2724 - Resolution establishing a Rate Schedule for 60
Transportation System Development Charges (including the
Interchange Development Charge and an Alternative
Calculation Fee) and setting an effective date
Recommended Action: Adopt the resolution.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Development Director's Approval of Partition 2008-03 and EXCP 68
2008-04, Located at 1220 Park Avenue, Tax Lot 051 W08CD03200
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
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0001 DATE. C~UNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 12, 2008.
CONVENFD. The meeting convened at 7:23 p.m. with Mayor Figley presiding.
0025 ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City
Administrator Stevens, Community Development Director Allen, Public Works Director
Brown, Police Captain Tennant, Recorder Tennant
0060 ANNOUNCEMENTS.
A) Parks and Recreation Master Plan Findings Presentation will be held on May 13,
2008, 6:30 p.m., in the City Hall Council Chambers prior to the Recreation and Parks
Board meeting.
B) Budget Hearings on the Fiscal Year 2008-09 City Budget and 2008-09 Urban
Renewal Budget will be held before Budget Committee on Monday, May 19, 2008,
7:00 p.m., in the City Hall Council Chambers.
C) Primary Election - May 20, 2008: City Hall is a designated ballot drop site during
regular business hours, however, the lobby area will remain open unti18:00 p.m. on May
20, 2008 to allow voters to deposit their ballot in the drop box until the election closing
time.
D) Wastewater Facility Plan Advisory Committee meeting will be held on May 22,
2008, 6:30 p.m., in the Police Department Community Room.
E) Memorial Day Closures: City offices, the Library, and the Aquatic Center will be
closed for business on May 26, 2008 in observance of Memorial Day.
F) City Council regularly scheduled for May 26, 2008 is moved to May 27, 2008 due
to the Memorial Day holiday (pending Council action on agenda item 11D).
0134 PROCLAIMATION: POLICE MEMORIAL WEEK - MAY 11-17 2008
Mayor Figley proclaimed the week of May 11-17, 2008 as Police Memorial Week within
the City to observe the week with appropriate ceremonies and observances
commemorating law enforcement officers, past and present, who have rendered a
dedicated service. She also proclaimed May 18, 2008 as Police Officer's Memorial Day
in honor of those officers who have died or become disabled in the performance of their
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duty. She t,hanked the City's Police Officers for all that they do for our community and
to rememb~r Deputy Fredinburg who lost his life last year in the line of duty.
Mayor Figliey proclaimed the week of May 18-24, 2008 as Public Works Week within
the City to acquaint themselves with problems involved with public works and to
recognize public works employees for the contributions they make daily towards the
health, safety, and comfort of City residents.
Public Wo~ks Director Brown introduced public works employees Larry Arendt and
Mike Bergeron who are part of the staff planning group for the upcoming Public Works
Showcase.
Larry Arendt invited the community to Library Park and the Downtown Plaza on May
21, 2008, 1:00 pm to 4:00 pm, where each division within Public Works will showcase
their operations by providing demonstrations, equipment displays and informational
material.
Mayor Figley stated that she and the Councilors will have a booth at this event to answer
questions and provide information to attendees.
0510 PRESEN~'ATION: CITY COUNTY INSURANCE SERVICES TRUST
Valerie Saki, representing City County Insurance Services (CIS), presented a
distinguished award to the City for being a charter member of the Employee Benefits
program through the League of Oregon Cities and City County Insurance Services over
the last 50 years. The benefits program is a health benefits insurance pool for cities
which gives member cities better insurance rates and flexibility in plan selection than if
the city obtained group insurance as a single entity. At the annual CIS conference in
February ~008, CIS recognized the 18 charter members and gave each member a pro-rata
portion of a$50,000 distribution from CIS. She thanked the City for their continued
membership and participation in CIS.
Mayor Fig~ey accepted the award on behalf of the City.
0700 PRESEN~ATION: PALOMAR GAS TRANSMISSION
Scottt Ferris, Director of Government Relations for TransCanada, stated that his
company is a partner with Northwest Natural Gas in proposing the Palomar Gas
Transmission project. A specific issue of concern regarding this proposal had been the
placement of the proposed gas line within the southwest portion of the City's urban
growth boundary expansion area, however, the most recent proposal would move the
propose gas line to just south of the proposed urban growth boundary expansion area. He
introduced Bruce Anderson, Regional Community Relations Manager for NW Natural
Gas and D~ebra Olep, Community Outreach staff inember, who were also in attendance at
this meeting. Mr. Ferris provided background information on this proposed project and
its benefits to the citizens of Oregon. He stated that this proposal has been discussed for
over 10 years since the Willamette Valley is served by only one interstate natural gas
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pipeline. Northwest Natural Gas has had some concern about redundancy and that the
Willamette Valley is one of the few major metropolitan areas in the United States that
only has access to one interstate natural gas line pipeline. If something would happen to
that line and an additional line installed, they would be able to provide natural gas to
customers with minimal, or no, interruption in service. Additionally, another line would
provide customers a diversity of supply to give ratepayers the best possible price on
natural gas. In regards to global climate change, natural gas is considerably cleaner than
coal, which nationally, accounts for 50% of the nation's electric generation and 40°Io in
the State of Oregon. Standards have been adopted by Oregon, Washington, and
California in which coal can no longer meet in terms of carbon emissions and natural gas
is the source many are moving towards since natural gas is more than twice as clean as
coal and natural gas is becoming the fuel of choice for electric generation until some
other renewable source is able to carry the major share of the load for electric generation.
Palomar project was initially designed to spur off of the natural gas northwest pipe that
runs through Central Oregon from Maupin to Molalla which is where Northwest Natural
Gas has a gate station which is then distributed to the local distribution network. It was
then decided to propose another pipeline that would go from the mouth of the Columbia
where another LNG terminal is also being proposed into Molalla. Northwest Natural
Gas's involvement in this project is that they believe they would be major customers of
LNG source gas which would benefit Oregon and Washington consumers. The proposed
pipeline would be 220 miles in length from Maupin to Bradford Landing on the
Columbia River with Molalla being the center point. The issue of concern is dealing
with the base route. The City had contacted them early on in this project on the route
and, as a result, they have redesigned the proposed route which be outside of the City's
urban growth boundary expansion area and this alternative route will be used when they
file their application later this year. Landowners around the alternative route have
already been contacted and permissions have been received. These landowners will be
asked for a 120 foot wide construction right-of-way, and a 50 foot wide permanent
easement. Within the permanent easement, landowners will only be asked to restrict
their activities on 10 feet on each side of the gas line. Landowners will be fully
compensated for the real estate value of the right-of-way and easement, and for any
damage to property and crop loss. The pipe is 36 inches in diameter and will carry up to
1.2 billion cubic feet of gas daily which is why they want to keep the pipe away from
populated areas and structures. In regards to safety concerns, Gas Transmission
Northwest has been operating in Oregon since 1961 and they have never had an
unintentional release of gas from the pipeline that resulted in any third party damages or
injury. They monitor the pipeline continually and they are able to detect any kind of
reduction in pressure with valves being located along the line that will cutoff the gas
supply quickly. Routine inspections are conducted both from the ground and from aerial
patrols. They anticipate filing their application in December 2008, followed by an
environmental impact statement in the spring or summer of 2009 with the hope that a
final environmental impact statement issued at the end of 2009 so that approvals can be
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adopted. Proposed time frame for right-of-way acquisition and construction will be in
calendar y~ars 2010 and 2011. These pipelines are built to last 100 years or more and he
stated that ~he pipeline in Central Oregon has been in place for 46 years. They are built
to withstand all sorts of seismic issues and designed to minimize whatever seismic issues
that would arise.
Councilor McCallum questioned as to how much competition there is for this pipeline.
Mr. Ferris stated that for the pipeline there are a variety of natural gas projects since there
are 3 Liquidfied Natural Gas (LNG) ternunals being proposed (Bradford Landing about
35 miles up the Columbia River, Oregon LNG at mouth of Columbia near Warrenton,
and one in Coos Bay). Each of those terminals would then have a pipeline affiliated with
it. There a~re also several proposals to bring Rocky Mountain gas into Oregon. They are
anticipating only one LNG terminal will be built and only one pipeline will be built.
Councilor McCallum expressed his appreciation for this presentation and far the
alternative route being proposed.
Mr. Ferris stated that interstate natural gas pipelines have been federally regulated for 70
years but what change in 2005 was that LNG terminals are now under federal authority
whereas previously they were under state authority.
Councilor Bjelland stated that it appears that the biggest growth component in natural gas
demand over the next 20 years is power generation and he questioned what constitutes
power generation that uses natural gas.
Mr. Ferris stated that electricity is generated by the burning of natural gas in turbines
with 90% of new power generation which is providing electricity to homes and
businesses being built in the United States.
Mayor Fig~ey thanked Mr. Ferris for his presentation on this project and for the proposed
relocation of the pipeline outside of the City's proposed urban growth boundary
expansion area.
1910 CHAMB~R OF COMMERCE REPORT.
Deb Yage~, Chamber President, stated that for the month of April, the Chamber office
fielded 20~ calls of which 197 was on Chamber business and they received 62 Chamber
visitors to the Chamber office. The Visitor's Center had 2,276 visitors which is up 700
from last month and 916 of those visitors were from outside Oregon. She also mentioned
that their cyber visits were 6,173 which is following a similar trend level as in 2007 for
the first 4 months of the year.
The first class of graduates from the Woodburn Business Police Academy graduated on
April 29, 2008. She stated that she was one of 13 graduates and she thanked the Police
Department for providing Officer Rick Puente, class instructor, and, to date, they have
logged that they have been able on three occasions to thwart activity based on what they
had learned in the academy. She commended Officer Puente and Chief Russell on the
whole asp~ct of this training which empowers them to create a business watch
c~.~mmunity. To the best of their knowledge, this academy is the first one of its kind in
the northwest and possibly the only active business watch association in the nation. The
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second Business Academy class will be specifically directed toward the Latino
downtown merchants and it will be done in Spanish. A third academy is anticipated
before the end of the calendar year.
2177 WOODBi;TRN SCHOOL DISTRICT REPORT.
Walt Blomberg, Superintendent, stated that a recent fire behind French Prairie Middle
School caused $250,000-$300,000 damage to the maintenance storage area. Vandals had
started a portable toilet on fire which was placed next to the storage building that also
served as a warehouse for the nutrition services department. All of the food products
were contaminated so they are not able to use the food for the students, however, the can
goods will be donated to the A.W.A.R.E. Food Bank. This loss did not create any delay
for students attending school and they have a plan for distributing food to the school
buildings, therefore, each facility will have less food on site for preparation until repairs
are completed.
He also mentioned that Public Works Director Dan Brown and the City's maintenance
staff is working on a project between French Prairie Middle School and Lincoln
Elementary School which includes student involvement to improve the drainage.
He stated that several students had entered the Oregon Holocaust Resource Center annual
essay contest with one student being a ls` place winner, another student was a 3`d place
winner, and another student receiving honorable mention. Two students from Valor
Middle School were invited to Washington D.C. to share what their school has been
doing in the healthy choice program as part of the Alliance for Healthier Generation. He
also stated that Nellie Muir and Lincoln Elementary Schools were both honared by the
State Superintendent of Schools for closing the achievement gap. Sixteen schools were
honored throughout Oregon and Woodburn was the only school district that had two
schools receiving this honor. He informed the public that a Teen health fair will be held
on May 15, 2008 from 3:00-6:00 pm at Woodburn High School which will address health
issues involving teens. A group of Lincoln Elementary School students placed 2"`' in the
Northwest 5`h and 6`h grade Thinking Cap Quiz and they competed against almost 30
teams from Oregon, Washington, Idaho, Montana, and Wyoming. He stated that students
in one of the small high schools alone (Arts, Science, & Technology Academy) has
earned over $700,000 in scholarships. On May 20`h, the district's music festival will be
held and he encouraged the public to attend this annual event. Lastly, the high school
graduation ceremony will be held on June 6`h at the high school athletic field.
2630 CONSENT AGENDA.
A) approve the Council meeting minutes of Apri128, 2008;
B) approve the Council special meeting / workshop minutes of Apri123, 2008;
C) accept the Library Board minutes of Apri19, 2008;
D) receive the Building Activity report for April 2008;
E) receive the Planning Tracking Sheet dated May 7, 2008; and
F) receive the informational staff report on the Liquor License Request for Condition
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change submitted by Wellspring.
NICHOL~/MCCALLUM .. adopt the Consent Agenda as presented. The motion
passed unanimously.
2699
Mayor Figley declared the public hearing open at 8:05 p.m..
Public Works Director Brown submitted a corrected Exhibit A for attachment to the staff
report. He stated that the public hearing notice in the newspaper had the correct amount
listed for e~ch benefitted property and what was included in the Exhibit in the agenda
packet had included a$500 fee for one property owner which will be collected
separately.
Councilor Cox questioned why the Bancroft bond interest rate was at 6.25%, whereas the
interest rate on another project is at a lesser rate.
Recorder T'ennant stated that the interest rates were established when the ordinances
authorizing the improvements were adopted.
No one in the audience spoke either for or against the proposed final assessment and no
written rerlnonstrances were received.
Mayor Figley closed the public hearing at 8:09 p.m..
COX/MCCALLUM.... instruct staff to prepare an ordinance for Council action
establishing the final assessment amounts as presented. The motion passed unanimously.
3040 PUBLIC ~IEARING: BOONES FERRY ROAD IMPROVEMENT BETWEEN
Mayor Figley declared the public hearing open at 8:10 p.m..
It was notad that there were no changes to the staff report in the agenda packet.
No one in the audience spoke either for or against the proposed final assessment and no
written remonstrances were received.
Mayor Figley closed the public hearing at 8:11 p.m..
Councilor McCallum stated that he was unsure if he had a conflict of interest on this
issue since he did not live right in this area but he would be abstaining from voting on
this issue.
LONERGAN/NICHOLS.... staff prepare an ordinance for Council action on
establishing the final assessment amounts for Boones Ferry Road LID between
Goosecreek and Highway 214. The motion passed 5-0-1 with Councilor McCallum
abstaining.
3185 COUNCI~. BILL NO. 2720 - RESOLUTION ENTERING INTO GRANT
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AGREEIV~ENT NO. 24844 WITH STATE OF OREGON AND AUTHORIZING
INTERIM CITY ADMINISTRATOR TO SIGN 5AID AGREEMENT.
Councilor Sifuentez introduced Council Bill No. 2720. Recorder Tennant read the bill
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. 2720 duly
passed.
3253 COUNCIL BILL NO 2721- RESOLUTION ENTERING INTO AN
INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR
PLUMBING AND ELECTRICAL PROGRAM SUPPORT AND AUTHORIZING
INTERIM CITY ADMINISTRATOR TO SIGN SAID AGREEMENT.
Council Bill No. 2721 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. 2721 duly passed.
3313 LIQUOR LICENSE APPLICATION (New Outlet) - DOS ARBOLITOS MUSICA
LATINA~ MAS, 1585 N. Pacific Highway Suite B.
Staff recommended the approval of the license application which would provide for the
sale of alcohol for off-premises consumption.
LONERGAN/SIFUENTEZ... approve the liquor license application.
Councilor Cox questioned what type of business has applied for this license.
Interim Administratar Russell stated that this business sells music and CD's with some
general merchandise and they are located on the west side of Highway 214 in a business
complex.
Councilor Cox stated that this is not a typical store that would sell alcohol, and even
though he may not agree with OLCC, they define the kinds of businesses that they
license to sell alcohol and he did not see any reason for the City to deny the license.
Councilor McCallum agreed that restaurants and stores that have food are locations that
can sell alcohol but feels that OLCC has, over the years, gone from a control situation to
a revenue generation. He felt that this change has, in part, resulted from legislative
actions to increase revenues in the state budget. He did not object to sending a message
to OLCC on this issue and wished more communities would do so.
Following a brief discussion on this issue, the motion passed 4-2 with Councilors Nichols
and McCallum voting nay.
3799 RESCHEDULING OF MAY 26. 2008 COUNCIL MEETING.
NICHOLS/SIFUENTEZ.... regular meeting of May 26, 2008 be rescheduled to
Tuesday, May 27, 2008.
Councilor Bjelland stated that he would be out of the state on that date and will not be in
attendance.
The motion passed unanimously.
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3860 PLANNII~fG COMMISSION OR ADMINISTRATOR LAND USE ACTIONS.
A) Commpnity Development Director's Approval of Partition 2008-02 located on
Stacy AlliSon Way (5anitary Sewer Lift Station): The partition allows for the division
of one lot ~nto two pazcels with the intent to convey the parcel that houses the lift station
to the City at a future date.
B) Community Development Director's Approval of Partition 2008-O1 and EXCP
2008-05, lacated at 1050 West Hayes Street, Tax Lot OS1W07CC08200:
The partition allows for the division of one lot into three parcels and an exception to the
street righC-of-way and improvements for West Hayes Street.
No action uvas taken to bring these land use actions up for review.
3923 CITY AD~VIINISTRATOR'S REPORT.
Interim Administrator questioned if the weekly updates provided to the Council needed
any changes in the amount of information provided.
It was the eonsensus of the Mayor and Council that the information provided was
sufficient.
Councilor Lonergan expressed his appreciation of Public Works being so proactive in
responding to a letter that was in the Woodburn Independent regarding a high water /
sewer bill. The response from Public Works was extremely admirable by going out and
finding a leak at the residence which shows true service to our community.
4104 MAYOR AND COUNCIL REPORTS.
Councilor Nichols reminded the public that hot weather will soon be here and tall grass
needs to be cut since tall dried grass is a potential fire hazard .
Councilor McCallum reminded the Mayor and Council that the Mayor's Prayer
Breakfast will be held on Tuesday, May 13`h, 6:30 a.m., at the United Methodist Church.
He also reminded the public that Relay for Life will be held on June 20 and 21, 2008 and
teams are out raising money for this annual event. He also thanked the businesses for
their sponsorship and the teams who are working to raise funds.
Councilor Sifuentez questioned how much advance notice staff had of Senator Obama's
visit to Woodburn.
Interim Administrator Russell stated that staff had about 45 minutes advance notice.
4354 EXECUT~VE SESSION.
Mayor Figley stated that City Attorney Shields has informed her that no executive
session is necessary.
4380 ADJOURJNMENT.
MCCALLUM/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:25 p.m..
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APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MAY 12, 2008.
CONVEN~D. The workshop convened at 6:00 p.m. with Mayor Figley presiding.
0010 ROLL CAELL.
Mayor Figley Present
Co~tncilor Bjelland Present
Councilor Cox Present
Councilor Lonergan Present
Co~ncilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City
Administrator Stevens, Public Works Director Brown, Community Development
Director A11en, Police Captain Tennant, Building Official Krieg, City Recarder Tennant
0012 RENTAL HOUSING DRAFT ORDINANCE.
Interim Administrator Russell stated that the Housing Code had been discussed by the
Council at their goal setting sessions since 2003 and was originally brought forward to
address Council concerns on housing conditions in our community. This issue had been
added to the Council's list of goals in 2007 and the initial presentation of a draft
ordinance was discussed by the Council in a workshop on December 10, 2007. A second
draft was presented to the Council on January 28, 2008 and staff was given direction to
for a stakeholders group to review the draft ardinance. The stakeholders were identified
from within property managers that the Police Department works with on a regular basis,
housing advocates, and individuals that Community Development had worked with. This
group was provided a copy of the draft ordinance and a meeting was held on February
29, 2008 to receive input from the stakeholders. Following this meeting, a staff report
was prepared and presented to the Council at their Apri128, 2008 meeting. Stakeholders
who requested to be notified when this issue was to come before the Council have been
notified of this workshop.
Mayor Figley stated that she would be offering anyone in the audience an opportunity to
provide comments on the proposed draft ordinance. She referred to the staff report in the
agenda packet and read the questions that staff had identified during the February 29,
2008 stakeholders meeting. She stated that she shared some of the concerns expressed by
the stakeholders at their meeting. Some members of the Council had initiated this
discussion with concerns to be addressed as a result of some very distressing situations
where renters were living in units that were poorly maintained to the point that it is
unconscionable. Even though there may be very few cases like this but they still exist.
In regards to applicability, the Council wanted the draft ordinance to apply to rental
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property since a renter is paying a monthly rental amount to occupy the unit. She stated
that the draft ordinance is not intended to be a revenue generated device, in fact, if there
were many complaints, the City would be losing a lot of money trying to enforce the
ordinance which will then be an additional concern to the City.
Councilor Lonergan questioned if the amount that would be charged is one that had been
brought forth by the stakeholders.
Councilor Cox stated that earlier drafts had a registration fee and annual fee included in
the ordinance but the Council had decided to take the fees out of this ordinance.
0475 Mark Nyman stated that he was not aware of any changes to the draft ordinance since the
stakeholder' s meeting and questioned if (1) provisions within the ordinance would be
complaint driven and (2) how many complaints does the City receive annually.
Mayor Figley stated that the ordinance would be complaint driven and it was noted that
this would be the City's first housing ordinance so it was unknown as to how many
complaints would be received.
Interim Administrator Russell stated that staff does not receive complaints specifically
about conditions since there is no ordinance regulating conditions. Complaints received
are received about dangerous buildings and he recalled having about 3 enforcement
issues in 2007. He stated that dangerous buildings are under a completely different
ordinance and it is unknown as to how many complaints will be received if this
ordinance is passed.
Mayor Figley stated that issues of concern local citizens may complain about would
include poor exterior maintenance units, large numbers of people living in a household,
and various issues such as parking on lawns, monopolizing street parking, and concerns
expressed by people who have gone by a rental unit and seen the interior condition.
Councilor Cox stated that this issue has been talked about for about five years and within
the last year has gone through several drafts. Some of the draft ordinances, which have
since been abandoned, covered a punch list of the kinds of things that every rental unit
had to have such as window space, maximum occupancy levels. The punch list concept
met with a lot of controversy and, if an ordinance is adopted, it is not designed to bring
everyone's housing up to some minimum standard. The purpose of this ordinance is to
prevent the really terrible housing conditions since many of these renters are low income
people who may not be aware of their rights and are afraid to complain in case they have
a potential loss of housing. He feels that the City should at least have the power to
regulate housing conditions and this ordinance will be complaint driven. He mentioned
that several months ago there was a newspaper article about a terrible situation in
Gresham and the City did not have an ordinance in place at that time. He stated that no
one should have to live in unsafe or unsanitary conditions. By having an ordinance on
the books and a condition like this brought to the City's attention, there will be a tool
available to do something about it. This is not a general apartment inspection ordinance
and it will not generate any fees at this time. The ordinance would adopt what the State
Landlord Tenant Act calls habitability.
City Attorney Shields stated that discussion draft #5, which is included in the agenda
Page 2- Council Meeting Workshop Minutes, May 12, 2008
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MAY 12, 2008
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packet, is the most recent draft ordinance prepared by staff following Council instruction
after the Jamuary 28, 2008 workshop.
Mr. Nyma~ questioned if he could receive a copy of the draft ordinance since at the
stakeholdexs meeting he was under the assumption that an annual fee would be imposed.
Councilor Cox stated that the City has not budgeted for enforcement and it is hoped that
there would be minimal complaints. He personally did not think there would be more
than a couple of complaints per year. In regards to enforcing habitability under state law
only and not adopting an ordinance locally, he stated that state law only pertains in
dealings between the landlord and tenant. If a tenant lives in a house that has a roof that
leaks or otMer substandard conditions, then they can only sue their landlord under state
law provisions. Under this ordinance, deficiencies would be fixed if a person lives in a
rental unit.
Mr. Nyma~ stated that his experience in cases where he has to evict a tenant due to non-
payment involves going to court to evict the renter and explain the reason for the
eviction. He questioned as to what would be different under this proposed ordinance and
how renters would become aware of the ordinance provisions.
Councilor Cox stated that complaints will most likely be generated from tenants, social
service agencies, legal aid, or from other sources.
Mr. Nyman also questioned where the responsibility is on the tenants since some
conditions are created by tenants such as not turning on the heat in the winter months
which then causes problems to the structure.
Councilor Cox stated that the landlord has to provide availability of facilities which
conform to code at time of installation and are to be maintained in good working order.
If the tenant chooses not to turn on the heat, then it is not the problem of the landlord.
Mr. Nyman stated that his problem has been that even though he educates his renters on
use of the facilities, they do not always use them thereby creating other problems such as
mold which will then be an enforcement issue.
Mayor Figley stated that no procedural form has been established as of yet since an
ordinance has not been adopted, however, she requested staff to make additional copies
of the draft ordinance from January 28, 2008 to provide to members of the audience that
did not receive it at the February 28`h stakeholders meeting or if they needed a copy to
refer to at Chis workshop. She stated that if the tenant is the complainant, then the tenant
has to provide proof that they did complain to the landlord in writing before they go any
further in the process.
1524 Councilor Cox stated that it was his recollection at the last workshop that three things
would occur: 1) delete the specific standards and go to the habitability standards, 2)
tenants would have to let the landlord know of the deficiencies before a complaint is
filed, and 3) a requirement would be added to make it clear that the City does not have
the right ta enter the premises except under the usual standards for the constitutional
statutory requirements for entering property. He questioned if those changes had been
incorporat~d into draft #5.
City Attorney Shields stated that Interim Administrator Russell had prepared a staff
Page 3- Council Meeting Workshop Minutes, May 12, 2008
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report recommending changes at the Apri128`h meeting, except for habitability, and those
changes have not been made to draft #5 as of yet but staff has not received any direction
from Council as of this date to make the change. In regards to habitability, draft #5 does
include all of the state statute language and the authorization made in January was to go
ahead with the language in the document at that time. Therefore, not all of the state
habitability language has been incorporated in this last draft document.
Mr. Nyman stated that he would like to see a draft document with the changes that have
been decided upon at this time so that he can address issues with the Council what is
currently being considered. He stated that he has no problem with the process being
complaint driven but does not want to annually pay a permit every time he rents his
property.
Councilor Cox stated that in Gresham, their solution is to do a permit with annual fee and
to have annual inspections of rental units. At one point, the City Council had a draft to
do something similar but the Council elected not to charge a fee.
Interim Administrator Russell stated that draft #5 will allow for imposition of a future fee
if it is on the master fee schedule but there is no fee proposed at this time.
1945 Dave Christoff questioned (1) if this will require business licensing for landlords and (2)
if the public can file a complaint.
Mayar Figley stated that landlords currently are required to have a business license under
a different ordinance if they have more than 1 rental unit. In regards to complaints,
anyone can file a complaint but if a tenant complains then they need to submit proof that
they did complain to the landlord before filing a complaint with the City.
2084 Tim Doman questioned as to when a copy of the updates will be made available so he
can review the proposed document and provide any comments he may have on the most
updated information.
Mayor Figley stated that staff should have an updated draft available within a month and
copies will be made available to those individuals who have previously indicated that
they wanted to be kept inform of this issue.
Councilor Cox expressed his opinion that the public should have been provided an
updated version of the proposed ordinance (draft #6) based on more recent Council
discussion and consensus prior to this workshop. He also provided copies of the
habitability standards from the State which should be included in this document.
Interim Administrator Russell stated that staff was directed in January 2008 to utilize
draft #5 to meet with the stakeholders to solicit input. Staff then came back to the
Council on Apri128`h to let the Council know that the stakeholders wanted to speak to the
Council. Other discussions on changes and bringing in the state law standard into the
ordinance is not something staff was aware of. If the Council is looking to incorporate
the state law and to remove the sections in draft #5, it will result in a complete change
that can be done but staff wants to make sure that Council direction is followed.
Mayor Figley stated that there is agreement to take out anything that would be in
violation of the Fourth Amendment and make a modification that would refer to the state
statute on habitability so that the ordinance will not need to be modified each time the
Pa~e 4- Council I~~leeting Workshop Minutes, May 12, 2008
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COUNCIL WORKSHOP MINUTES
MAY 12, 2008
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statute is ck~anged.
Attorney Shields expressed his opinion that the habitability language is a good idea if it is
the CounciQ's intent.
Councilor Bjelland felt that discussion was held on changes but no clear consensus or
vote was made to make any changes to the draft ordinance. He expressed his concern
that overcrowding is still an issue which is not covered under state law and did not feel
that there vi,~as any consensus by the Council on how that issue should be addressed in the
draft ordinance.
Councilor McCallum felt that one of the purposes of this ordinance is to not only protect
the tenant ~ut to have landlords understand what the standards are, what the Council is
trying to do, and to solicit their cooperation which will in turn help in rental compliance.
2583 Mr. Doman questioned if the standards apply only to rental property and not private
property.
Mayor Figley stated that the standards are for rental property only and private property
has no habitable standards unless it because of a nuisance, health hazard, ar dangerous
building.
Mr. Doman expressed his opinion that habitability should be applied to all property in the
City and did not understand why a rental property should be treated differently than a
privately owned property.
Mayor Figley stated tl~at rentals involve property in which someone is paying an owner
for the right to be at a specific location for housing needs and complaints involving rental
units would come under this housing ordinance.
Councilor Bjelland also mentioned that the owner has a choice on living conditions
whereas a renter has no choice about the condition of the property.
2872 Councilor Cox stated that previous discussions involved an ordinance that followed the
Uniform Housing Code which would apply both to owner-occupied and rental properties.
This type of ordinance did not get Council consensus so a political decision needed to be
made and, as a result, it was decided by consensus, to limit a housing ordinance to just
rentals sinee situations that may come up are by people who are least able to protect
themselves.
Mayor Figley stated that provisions within this ordinance would be covering housing
issues that are not currently covered under existing ordinances.
Mr. Doman agreed with the definition of habitabiliry, however, he did request that the
Council be careful as to not pass an ordinance just because the Council is tired of talking
about it because a general ordinance adopted can sometimes lead to problems later.
Councilor Bjelland stated that two issues are being addressed one of which relates to the
physical characteristics of the property itself (habitability issue) and the other issue which
is in curre~t draft ordinance is overcrowding (occupancy issue).
3162 Mark Nyrnan stated that he did not see in draft #5 where this is a complaint driven
o~~dinance and, in Section 20, it does state that the City may impose an annual fee. He
would like to know what the fee will be for each dwelling unit which would be included
in the City's master fee schedule.
Page ~- Council Meeting Workshop Minutes, May l2, 2008
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COUNCIL WORKSHOP MINUTES
MAY 12, 2008
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Mayor Figley stated that there had been some discussion on what the fee but there was
some agreement from several Councilors that no fee be charged at this time since the
City has no experience on complaints to be filed.
Councilor Cox stated that there are two types of possible fees one of which is related to
enforcement and he felt that it is okay to charge for actual enforcement on a specific
rental property. He objected to the other type of fee which is an annual registration fee.
Councilor McCallum stated that draft #5 is an older version that should have been
updated but what is in draft #5 does say that the Council "may" and not "shall"impose a
fee. This is a case where there was a consensus not to impose a fee initially but left it in
the ordinance in case it was determined that it was a serious problem that required a lot of
work by City staff.
Mayor Figley stated that she was not clear in whether the Council intended to abandon
the fee or just reserve the right to impose a fee based on the City's experience.
Mr. Nyman stated that he has a problem with a blank check ordinance and feels that
landlords have a right to know what fee will be charged. Additionally, the ordinance
should be a document that has a complete process outlined rather than unknowns.
Councilor McCallum stated that he has no problem with taking out the fee language at
this time since the intent is to get landlord cooperation in this process. Like any other
ordinance, if a problem surfaces later then the Council can come back and look at the
ordinance and make changes at that time.
Mr. Nyman questioned what the abatement process is as mentioned in Section 9 of the
draft ordinance.
Interim Administrator Russell reviewed the notification process followed by Code
Enforcement Officers when they see a violation which they believe is in violation of an
ordinance.
In regards to preparing a new draft ordinance, Attorney Shields stated that he could
complete a draft for consideration by the first meeting in June.
Mayor Figley stated that the new draft would definitely clarify the Fourth amendment
issue and replace language with habitability as defined by ORS.
Councilor Cox also requested that the ordinance language relating to fees be removed
since this issue will take some discussion before any decision is made and an ordinance
amendment can be made at that time to impose a fee.
Councilor McCallum questioned if the habitability standards have been taken through
State Courts and cases litigated on vagueness.
C Attorney stated that there is a lot of litigation on these standards which is general
language but it seems to hold up in court and he has not heard of any rulings questioning
it based on vagueness.
4280 Nancy Ostergaard questioned as to how much discussion has been done about scenarios
of the realities of what the consequences will be for tenants if this ordinance is passed.
Mayor Figley stated that Council has had various discussions on what the odds would be
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COUNCIL WORKSHOP MINUTES
MAY 12, 2008
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if a tenant is provided a 30-day notice by the landlord if a complaint was filed against the
landlord.
Ms. Ostergaard questioned the number of landlords in the City and the process used to
directly contact the landlords about this proposed ordinance.
Interim Administrator Russell stated that he was unsure as to the number of landlords.
Individual$ who had been invited to participate are those landlords who had worked with
the Police Department in the past on other projects and the Chamber of Commerce for
their involvement in getting information out to their members. Staff was unable to
contact each and every landlord within the City.
Ms. Ostergaard felt that it is within the City's capability to contact each and every
landlord a~d she encouraged the City to take that action so that they can participate in
this proces~s.
4585 Mayor Fig~ey summarized the three changes that the Council would like to see made.
Councilor ~Cox stated that in addition to the habitability standards, Councilor Bjelland
has indicated the need to include a maximum occupancy standard. He stated that he
would like to keep this ordinance as simple as possible and would like to leave out the
occupancy issue at this time but he is willing to listen to further comments he may have.
Councilor McCallum concurred with Councilor Cox's comments since he feels that the
occupancy issue will take more studying and discussion.
Councilor ~jelland stated that overcrowding was one of the issues that brought this
ordinance up for consideration. He has received a lot of comments and concerns from
people in neighborhoods where overcrowding seems to exist which is contributing to
problems in their neighborhoods.
Mayor Figley stated that her concern is on case law that puts real limits on how
restrictive the Ciry can be.
Councilor Cox stated that if the City were to try and incorporate occupancy into the
rental ordinance, it would only apply to rentals. If there is a problem that the Council
needs to legislate to limit occupancy levels, it should apply to all properties within the
City since overcrowding leads to unhealthy and unsafe conditions to those who live in the
house. In his opinion, it should be a separate ordinance and he felt that it would be some
time befor~ the City would be in a position to regulate occupancy in terms of how it is
organized or categorized.
4905 Deb Yager stated that she sees the City as trying to be a proactive resource to eliminate
some of the problems in addition to the enforcement aspect of the ordinance. 5he
proposed that before any further discussion held on the draft ordinance, the City consider
initiating some educational workshops with landlords and tenants so they can understand
what rights they have before an ordinance is adopted. She felt that research needs to be
done to see if there is truly a current problem that needs to be enforced by the City.
Mayor Figiey stated that staff will be providing the updated draft to those individuals
who are in attendance at this meeting. She expressed her appreciation to those who
attended this workshop and to those who provided comments to the Council for their
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COUNCIL WORKSHOP MINUTES
MAY 12, 2008
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consideration.
5225 Mayor Figley closed the workshop at 7:22 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, City Recorder
City of V~Joodburn, Oregon
Page 8- Council iVleeting Workshop Minutes, May 12, 2008
17
8C
Minutes DRAFT
Woodburn Recreation and Parks Board
Tuesday, May 13, 2008
7:00 p.m.
This Woodburn Recreation and Parks Board Meeting followed the Parks and Recreation Master Plan
"Findings Presentation", which revealed the progress the City has made to date, including the results
of the recently cornpleted citizen survey, parks and facility inventory, and level of service analysis.
l. Ca11 to Order
The meeting and was called to order at 8:10 p.m.
2. Rol~ Call
Board Chair Bruce Thomas Present
Board Secretary Rosetta Wangerin Present
Member Vacant Vacant
Member Joseph Nicoletti Present
Member Judy Wesemann Present
Member Eric Morris Present
Member Charlene Williams Absent
Staff present: Jim Row, Community Services Director; Debbie Wadleigh, Aquatic
and Facilities Manager; Stu Spence, Recreation Services Manager; Paulette Zastoupil,
A.A.
3. Approval of Minutes from Apri18, 2008.
Joseph Nicoletti/Judy Wisemann - Motion to accept the minutes as written. The
motion passed unanimously.
4. Business from the Audience
Ric~ard Morris - 1210 Judy St. Woodburn, OR 97071
Richard opposes a paved walking path or wildlife viewing area at Hermanson Pond.
He says during the winter months, the area is dark and flooded, but during the
summer it is dry and accessible. He just mowed a wide pathway from Wilson St to
the pond, which he says is adequate during the summer months for people to walk to
the pond. He invited everyone to come and walk it on Wednesday, May 14`h at 6:00
pm.
Beverlv Koutney - 2781 J Street Hubbard, OR 97032
Beverly came to report that the senior center committee is moving along. They have
finished the by-laws, mission statement and they are registered with the state. Next,
they will be applying for 501 3-C status.
5. Business from the Department
Aquatics - Debbie Wadleigh
In March, Debbie began sending out "Welcome Fish" to welcome the guests for
cho~osing the Woodburn Aquatic Center. Additionally, she is sending out a"Thank
You Fish" for using the aquatic and fitness areas at the Aquatic Center. Debbie
reported that they have signed an agreement with Kompetitive Edge Retail
Merchandising program. This program is for the purchase of re-sale of goggles, caps,
Page 1
18
Minutes
Woodburn Recreation and Parks Board
Tuesday, May 13, 2008
7:00 p.m.
and swimming supplies. The items will be displayed in a cabinet provided by the
company, and this company will take back items that do not sell without charging
restock fee. The registration software and point of sale have been upgraded and staff
are currently being trained. May is National Aquatic Month and several activities are
occurring during this time. Check Your Level is a no cost program that gives a parent
the opportunity to come in and have the child swimming level tested to identify which
class they should be signed up for. Also, the Check Your Level participant receives a
20 % off coupon to sign for summer swimming lessons. Stav on Top of It is a water
safety event, where at different stations safety messages are taught and skills
practiced. Attendees can enter a raffle for prizes which have been donated by Bi-mart
and Joes's. Kathy has created a PowerPoint presentation that will run while the
event is occurring. Stu and Debbie went to the French Prairie Middle School Career
Fair and shared information about the recreation and aquatic professions and the
employment opportunities it offers. In May, 128 people signed up for swimming
lessons, and 13 are signed up for private and semi-private lessons.
Recreation - Stu Spence
Girl's softball has 27 participants and games will begin in early May. T-Ball season
began on April 26`h and is going strong with 27 3-4 year olds, and 42 5-6 year olds.
Men's Softball registration deadline is May 23 with games starting on May 27. Co-
Ed Softball registration deadline is June 13 with games starting in late June. The
Burlingham Build is on schedule; Thursday, May 15 a group of Chemeketa students
and community members will be assisting the builder pouring concrete and setting the
main support posts, then Friday, May 16`h, the actual installation of playground
equipment with help from the Academy of International Studies students at
Woodburn High School. There have been increased interest in our senior trips Stu
has received several phone calls since the new brochure was mailed. Arbor Day
Celebration on April 26`h was a huge success. He gave 200 trees out at the Library
Park and over 300 kids participated in the coloring contest. The event was made
possible by the networking Club of Woodburn's donation from a local nursery. Local
winners from the major league Baseball Pitch, Hit and Run will play compete this
weekend. If they continue to progress, winners will appear at the All Star Game in
Yankee Stadium. Stu reported that he is currently taking applications for summer
camp. He updated the WCAT Bulletin Board with current recreation programs and
events. The new full color summer Rec Reporter has been sent out to homes and has
been a huge upgrade from the old Rec Reporter. The teen program is partnering with
Jeannie at the library on the 3rd Thursday of the month. He also has been working on
a sustainability piece for the After School Program including a partnership with the
Salem Boys & Girls Club.
Parks and Facilities - Jim Row
Jim invited the community to come and volunteer at the playground builds this
Friday, May 16`h
6. Future Board Business
None.
Page 2
19
Minutes
Woodburn Recreation and Parks Board
Tuesday, May 13, 2008
7:00 p.m.
7. Board Comments
No comments.
8. Adjournment 8:40 p.m.
Rosetta Wangerin, Board Secretary
Date
Pa~e 3
Paulette Zastoupil, Recording Secretary
Date
20
817
WOODBURN PLANNING COMMISSION MEETING MINUTES
May 8, 2008
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairaerson Lima presiding.
Commissioner JenninQS led the salute to the flag.
Chairperson Lima questioned members of the Planning Commission having potential conflicts
such as family, financial, or business relationship with any of the applicants or with regard to the
project in question. If such a potential conflict exists, he asked whether the commissioner in
question believes he or she is without actual bias or whether he or she would like to step down
from the Planning Commission during the case. There were none. There were no objections
from those present.
Chairperson Lima announced: agenda is available at the back of the room. We will consider
cases one at a time according to the order listed in the agenda. We will follow the hearing
procedure outlined on the I
requested to come to the ~
from other than th~a podiurr
~ ~.
ROLL `
Chair~ n
Vice C~, : , person
.-,......~~ ..,..
Comrr~i~~r~l"'~~ Hutchison
Commissioner Jennings
Staff Present: Jim Allen - Community Development Director
Jon Stuart - Assistant City Attorney
MINUTES
A. Woodburn Planninq Commission Meetinp Minutes of Aaril 24, 2008.
Commissiqner Jenninqs moved to accept the minutes. Commissioner Griaorieff
seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
None.
PUBLIC HEARING
None.
Planning Commission Meefing May 8, 2008
Page 1 of 3
~g
21
ITEMS FOR ACTI~N
A. Fin~l Order - Design Review 2007-14, Exception 2008-02, Variance 2008 - 01,
Variance 2008-02, and Variance 2008-03
Commissia,ner Jenninqs moved to accept the Final Order for Design Review 2007-14,
Exception ~008-02, Variance 2008 - 01, Variance 2008-02, and Variance 2008-03;
Commissianer Hutchison seconded the motion, which unanimously carried.
ROLL CALL
B. Work Session - Woodburn Development Ordinance Update
Commissioner Jer~ninQS commented on being part of the focus group and the many discussions
held amongst the members to address each topic.
Communitv Develqpment Director Allen commenced the presentation with the first topic on the
conservation of significant trees on private property. The current ordinance allows certain
amount of trees to be cut per year without a permit based on a certain diameter size of the tree.
The recommendation is to have the property owner replace each tree with two new trees,
replace one tree on the property and one at a location determined by the Woodburn Community
Services Department, or replacing one tree on the property and paying a fee in lieu of the one
tree placed by the Woodburn Community Services Department.
The second topic is the Architectural walls. Currently the intent of the architectural wall is to
create a buffer befinreen uses that may not be fully compatible and having a two color and/or two
textures. The recommendation is having a percentage of color, texture and articulation for the
face of the wall.
The third topic is the Vision Clearance area. The current ordinance depicts the area at the
intersection of two streets, a street and a driveway or a street and an alley in which visual
obstructions are limited for safety purposes. The recommendation is a 30' triangular vision of at
an intersection of iwo streets. At an intersection of a street and an alley, the vision clearance
would be a 10 foot extension from the intersection along the back of the curb, along the alley
P/anning Commission Meetrng May 8, 2008
Page 2 of 3
22
and across the corner of the lot that connects the ends of the lines creating a triangular vision
clearance. At an intersection of a street and driveway, the visions clearance area is a 10-foot
extension from intersection along the back curb, 10-foot extension along the side of the
driveway, a triangular visions clearance at corner of the lot that connects the ends of the lines.
In a Downtown District and Conservation (DDC) zone property, the vision clearance area is
formed by a combination of a 20 foot extension line from the two curb lines and triangular vision
clearance area from the corner of the lot.
The fourth topic is the Public Hearing Notices for Type II, III, IV and V Applications. The current
requirement for Type III, IV and V applications is a 20 day notice prior to a Public Hearing for
property owners th.at are within 250 feet of the subject property. The recommendation is to mail
and post the notice 10 days prior to the Public Hearing for Type III and IV applications and
retain the 20 day notice for Type V applications. The appeal notices would have the 20 day
notice prior to a Public Hearing for Type II, III and IV.
The fifth topic is the 6.104 Use Classification Table of the WDO. This section details the type of
use that can be applied to the particular property. This table is being updated to include the
adopted zoning districts and modifications to the current allowed uses based on the zQr~~
to land u~applications
rent reports supplied.
Planning Commission members discussed signs at various locations, the attendance of Public
Works personnel, and having another Planning Commission Workshop in the near future.
Communitv Development Director Allen stated that the sign issues are being addressed by both
the Planning Division and Code Enforcement, the sign ordinance section is being reviewed, and
the best way to be community friendly and enforce the ordinance at the same time. The Public
Works Director and Transportation Manager agreed on the need to have a member from the
Public Works Department attend the Planning Commission meetings. The City Attorney and the
Assistant City Attorney would conduct a Planning Commission workshop.
ADJOURNMENT
Commissioner Vancil moved to adjourn the meeting, Commissioner Jenninqs seconded
the motivn, which unanimously carried. Meeting adjourned at 8:27 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
Date
ATTEST
Jim Allen Date
Community Development Director
City of Woodburn, Oregon
Planning Commission Meefing May 8, 2008 Page 3 of 3
23
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30
Woodburn Police Dept.
DATB: 5/21/2008
TIME: 8:28:45 MONTHLY CRIMINAL OFFHNSES FOR JANUARY THRU APRIL 2008
ORIq: OR0240500 WPD RESULTS FOR ALL OFPENSES
DATE USED: OFFENSfi DATE
CHARGE DESCRIPTION
----- ----- JAN PEB MpR APR
----- -------------
AGGkAVATED ASSAULT -------- -
9 - ----
2 -- --
3 ------------- --- - -- - ----
6
ANiMAL ORDINANCES 4 2 2 3
ARSGN 0 0 3 0
ASSAULT SIMPLE 15 12 14 14
ATTEMPTBD MURD&R 0 2 0 0
HURGLARY - BUSINESS 3 1 3 0
EtURGLARY - OTHER STRUCTURE 1 1 0 4
BURGLARY - RBSIDENC6 g g 2 12
CHILll NEGLECT 1 0 0 0
CITY ORDINANCE 0 1 0 1
CRIME DAMAG$-NO VANDALISM OR ARSON 16 20 7 15
CURFfiW 0 4 1 0
CUSTODIAL INTERFERENCE 0 1 0 0
CUSTODY - DSTOX 0 2 0 2
CUSTODY - MENTAL 2 1 3 1
DISORDBRLY CONDUCT 6 5 3 6
DRINKING IN PUBLIC 0 0 0 2
DRIVING UND$R INPLUENCE 13 12 14 9
; LAW VIOLATIONS 12 24 3 7
:.~.vOK&D-MISDEMEANOR 1 6 5 1
.''~'L~ 1 1 1 1
fiMHBZ2LEM&NT 0 2 0 0
FAIL TO DISPLAY OPERATORS LICENSE 3 1 3 1
FORCIBLfi RAPB 2 0 0 1
FORG&RY/COUNTSRFSITING 6 9 1 1
FRAUD - ACCOUNT CIA3HD C}IECK 0 2 0 0
FRAUD - SY DEC&PTION/FALSE PRSTBNSES 2 D 0 1
FRAUD - CREDIT CARD/AUTOMATIC TELLSR MACHINH 1 3 2 2
FRAUD - IMP&RSONATION 2 5 2 q
PRAUD - NOT SUFFICIfiNT FUNDS CHSCK 0 1 0 0
PRAUD - OF SfiRVICES/FALSfi PRSTSNSfiS 0 0 0 2
FUGITIVH ARRfiST FOR ANOTAER ApENCY 34 33 29 29
FURNISHING 0 0 2 0
GARBA(iE LITTERING 1 0 1 0
HIT AND RUN FSLONY 1 1 0 0
HIT AND RUN-MISDEMEANOR 10 9 11 14
ILLEGAL ALIEN - INS HOLD 1 2 0 0
INTIMIDATION /OTHER CRIMINAL THREAT 3 2 2 1
KIDNAP - FOR ADDITIONAL CRSMINAL PURp03B 1 0 0 1
MINOR IN P03SfiS$ION 2 3 7 4
MI3CfiLLANEOUS 7 8 5 2
MOTOR VEHICLS THBFT 6 6 4 5
OTHER 12 12 7 10
PROPBRTY - FOUND LOST MISLAID 6 10 12 7
PUBLIC HEALTH AND 3APSTY ORDINANCE$ 3 0 1 0
RECICLB83 DRIVING 1 2 q 2
ROBBERY - BUSINBSS 0 1 0 0
ROBBfiRY - CONV.STORB 0 0 1 0
ROBB6RY - OTHSR 0 0 1 3
ROBBBRY - R&SIDBNCE 0 0 0 1
ROBBSRY - SERVICE STATION 1 0 0 0
PAGE 1
PL6860 ~~.F
SCOTTRU
TOTAL
15
11
3
SS
2
7
6
30
1
2
58
5
1
4
7
ao
2
48
46
13
4
2
8
3
17
2
3
8
14
1
2
125
2
a
2
44
3
8
2
16
22
21
41
35
4
9
1
i
4
1
1
31
Woodburn Police Dept. PAdfi 2
DAT'S: 5/21/2008 PL6860
TIMfi: 8:29:45 MONTHLY CRIMINAL OFFfiN3B3 FOR JANUARY THRU APRIL 2008 SCOTTRU
ORI#: OR0240500 WPD RfiSULTS FOR ALL OPFENSES
DATE USfiD: OPP$NSB DATE
CHARGE DESCRIPTION
------ - ---------------- ------------------ - ---- JAN
------- FEB
---- - MAR
--- APR TOTAL
RUNAWAY
3
5 ---
5 -------------- ----- ---- -------------- ---------
5 --------
18
S£X CRIME - CONTRIBUTE TO SBX DELINQUENCY 0 1 0 y 3
SEX CRIME - 6XPOSBR 1 0 0 0
Ssx CRIM6 --~fOL&ST (PHY3ICAL)
1
1
1
1 1
SHX CRINE - PpRNOGRAPHY/OBSCBNS MATERIAL
0
0
0
1 q
SEX CRIMfi - SSXUAL ASSAULT WITH AN OBJSCT
0
0
0
1 1
1
3TAL](ER 1 0 0 2 3
STOLfiN PROPERTY - RECEIVING,BUYING,POSSESSING 0 1 0 1 2
SUICIDE 0 1 0 0 1
THfiPT - BICYCLE 2 3 1 1 ~
'THEFT - BUILDING 1 0 4 4
THEFT - PROM MOTOR VfiHICLE
23
27
15
9 g
~q
TASPT - MOTOR VEHICLfi PARTS/ACCESSORIfiS 3 0 1 2 6
THEFT - OTHSR 14 19 5 9 q~
TH6PT - PICKPOCKBT 0 0 1 0
THSFT - PURSE SNATCH
1
2
0
0 1
THEFT - SHOPLIFT
10
B
7
11 ;
36
TRAPPIC ORDINANCES 1 2 0 1
TRAPPIC VIOLATION9
12
1B
9
8 q
4~
TRSSPASS 4 6 5 6 21
VANDAI.I5M 39 33 65 45 182
VEHICLE RBCOVERD FOR OTHER AGBNCY 1 1 0 0
WEAPON - CAARY CONCEALBD
0
1
1
1 2
WEAPON - pOSSES3 ILLEGAL
0
5
0
0 3
------
-----
------
- _- - S
TOTAL:
309
352
279 ---------------------- ---------------- - -------
285 ------
1225
------------------
2008 TOTAL: --- ---
309 - - ---
352 ------
279 -- -- ------------------ ------- --------------
265 0 0 0 0 0 0 0 0 -- ----
1225
2007 TOTAL: 389 416 493 328 0 0 0 0 0 0 0 0 1626
2006 TOTAL: 444 432 499 469 0 0 0 0 0 0 0 0 1839
32
i~:;odburn Police Dept. PAGE 1
LATE: 5/21/2008 PL6850
TIME~ 8:28:34 MONTHLY ARRESTS BY OFFBNSE POR JANUARY THRU APRIL 2008 SCOTTRU
ORI#: OR0240500 WPD RBSULTS FOR ALL CHARGBS
CHARGE DESCRIPTION JAN FEH MAR APR TOTAL
- ----- --
AGGRAVATED ASSAULT ---- -------- ---
4 ----
5 ----
3 ---- ------- - --------------------
5 ----- - -- ----- - - --
17
AGGRAVATED MURDER 0 0 0 0 0
ANIMAL ORDINANCES 3 2 2 3 10
ARSON 0 0 0 0 0
ASSAULT S2MPLE 20 14 12 12 57
ATTIiMPTED MURDSR 0 2 0 0 2
BOMB THREAT 0 0 0 0 0
BRZBfiRY 0 0 0 0 0
HURGLARY - BUSINESS 1 0 1 0 2
B(3RC~LARY - OT3iBR STRUCTURS 1 0 0 4 5
BURGLARY - R6SIDENC$ 1 0 0 6 7
CHILD ADBANDOMENT 0 0 0 0 0
CHILD N$GLfiCT 1 0 0 0 1
CITY ORDINANCfi 0 0 0 0 0
CRIME DAMAGE-NO VANDALISM OR ARSON 2 1 2 3 8
CURFfiW 0 7 3 0 10
CUSTODIAL INTfiRFBRENCE 0 1 0 0 1
CUSTODY - DSTOX 0 2 0 2 4
CUSTODY - MSNTAL 3 1 3 1 8
CUSTODY - PROTfiCITVE 0 0 0 0 0
DISORDSRLY CONDUCT 10 8 3 9 30
DOCUM6NTATION 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 2 2
DRIVING UNDER INPLUBNCE 13 12 14 9 48
DRUG LAW VIOLATIONS 16 23 3 8 50
DRUG PARAPHERNALSA 0 0 0 0 0
DWS/RBVOKED - PELONY 0 0 0 0 0
DWS/RfiVOKHD-MI3DEMEANOR 1 6 5 1 13
ELUD& 1 1 1 0 3
EMBE2ZLfiMSNT 0 1 0 0 1
BSCAPB PROM YOUR CUSTODY 0 0 0 0 0
EXTORTION/BLACKMA2L 0 0 0 0 0
FAIL TO DI9PLAY OPERATORS LICENSE 3 1 3 1 8
FAMILY-OTHSR 0 0 0 0 0
FORCIBLH RAP& 1 1 0 1 3
FOROSRY/COUNTERPBITING 6 5 0 1 12
FRAUD - ACCOUNT CLOSED CHECR 0 0 0 0 0
FRAUD - BY DSCEPTION/PALSE PRETENSES 0 0 0 0 0
FRAUD - CRfiDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 1 2
PRAUD - IMPERSONATION 0 1 0 1 2
FRAUD - NOT SUPFICIENT FUNDS CHECK 0 0 0 0 0
FRAUD - OP SSRVICBS/PALSE PRBTSNSfiS 0 0 0 0 0
FRAUD - WIR6 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0
FUGITIVS ARRSST FOR ANOTHfiR AGIIVCY 36 32 32 28 128
FURNISHING 0 D 2 0 2
GAMHLING - GAME3 D 0 0 0 0
GAMBLING - OTfiBR 0 0 0 0 0
GARBAGS LITTBRING 2 0 1 2 5
HIT AND RUN PSLONY 0 0 0 0 0
HIT AND RUN-MISDSMEANOR 1 0 1 0 2
ILLEOAL ALIEN - INS HOLD 1 3 0 0 4
33
Woodburn Police pept.
DATE: 5/21/2008
TIMS: 8:28:34 MONTHLY ARRBSTS BY OFFEN3E FOR JANUARY THRU APRIL 2008
ORIq: OR0240500 WPD RESULTS POR ALL CHARGfiS
CHARGE DBSCRIPTION
---- ----------- ----- JAN F&B MAR APR
------------------
INTIMIDATION /OTHER CRIMZNAL THRSAT ---
---
3
----- -
4
-----
4
------------------------ -- --- ---
.7USTIFIASLE HOMICIDE
0
0
0 0
KIUNAP - FOR ADDITIONAL CRIMINAL PURpOSE
1
0
0 0
0
KIDNAP - POR RANSOM 0 0 0 0
KIDNAP - HI-JACK,TBRRORIST 0 0 0 0
KIDNAP - HOSTAGS/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0
LICHN3ING ORDINANCE3 0 0 0 0
LIQUOR LAW-OTHSR 0 0 0 0
LIQUOR LICffidSB VIOLATIONS 0 0 0 0
MZNOR IN POSSSS9ION 2 3 17 5
~I~ ~ ~~~~ 0 0 0 0
MISCSLLANBOUS 0 0 0 0
MOTOR V&HICLS THSFT 2 0 0 0
NSGLIGENT HOMTCIDE - TRAFPIC 0 0 0 0
NHGLIGHNT MAN~LAUGHTER 0 0 0 0
NON CRIMINAL DOMSSTIC DISTURBANCS 0 0 0 0
OTHER 11 9 6 12
PROPSRTY - POUNU LOST MISLAID 0 0 0 0
PROP&RTY RfiCOVER FOR OTHER AGENCY 0 0 0 0
PROSTITUTION - COMPHL 0 0 0 p
PROSTITU'TION - EN(W1GE IN 0 0 0 0
PROSTITllT10N - PROMOTE 0 0 0 0
PUBLIC HBAI,TH AND SAFETY ORDINANCES 0 0 0 0
RSCKLESS DRIVING 2 2 5 1
ROBBfiRY - gApK 0 0 0 0
ROBBBRY - BUSINS3S 0 D 0 0
ROBBHRY - CAR JACKING 0 0 0 0
ROHBERY - CONV.STORS 0 0 0 0
ROBBSRY - HIGHWAY 0 0 0 0
ROBHSRY - OTHSR 0 0 0 0
ROBHHRY - RBSIDfiNCfi 0 0 0 0
ROBBBRY - SBRVICB STATION 1 0 0 0
RUNANAY 1 1 2 1
$EX CRIME - CONTRIBUTE TO S€X DHLINQUENCY 0 0 1 0
S8X CRIMfi - EXpOSER 1 0 0 0
SSJ[ CRIME - PORCIBLE SODOMY 0 1 0 0
SEX CRIMS - INCSST 1 0 0 0
SEX CRIME - MOL83T (PHYSICAL) 4 1 2 1
3EX CRIMB - NON FORCE 30DOMY 0 0 1 0
SfiX CRIMfi - NON-PORCfi RAPE 0 0 0 0
S8X CRIMS - OBSCENS PHONPs CALL 0 0 D 0
$SX CRIMB - OTHER 0 0 0 0
SEX CRIMS - PORNOGRAPAY/OHSCENE MATERIAL 0 0 0 1
38X CRIMfi - SBXUAL ASSAULT WITH AN OBJSCT 0 0 0 1
STALICER 0 0 0 1
3TOLSN PROPBRTY - RECSIVING,HUYING,POSSESSING 2 3 0 0
SUICIDfi 0 0 0 0
THTsFT - BICYCLF3 0 0 0 0
THfiPT - BUILDING 0 0 0 4
THEPT - COIN OP MACHINE 0 0 0 0
THS£T - PROM MOTOR VEHICLE 2 0 0 0
THSPT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0
PAGE 2
PL6850
SCOTTRU
TOTAL
11
0
1
0
0
0
0
0
0
Z7
0
0
2
0
0
0
3B
0
0
0
0
0
0
10
0
0
0
0
0
0
0
1
5
1
1
1
1
8
1
0
0
0
1
1
1
5
0
0
9
0
2
0
34
Wooci6urn Police Dep[. pAGE 3
DATE: 5/21/2008 PL6850
TIME: 8:28:34 MONTHLY ARRSSTS BY OFFENSE FOR JANUARY THRU APRIL 2008 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR TOTAL
-------
THEFT - OTHER ----------- --- ----
0 --- --
4 ---
0 --------
0 - - ---- ---- ----- ---- -------- ------- - - --- - ---
4
THEFT - PICKPOCKET 0 0 0 0 0
THEFT - PURSS SNATCH 0 0 0 0 0
THEFT - SHOPLIFT 7 5 9 7 27
TRAPPIC ORDINANCES 0 0 0 0 0
TRAPPIC VIOLATIONS 21 32 19 17 89
TRESPASS 6 6 4 7 23
VANUALISM 1 4 3 13 21
VEHICLS RBCOVSAD FOR OTHfiR A(3ENCY 0 0 0 0 0
WARRANT ARRBST 80R OUA AGHAICY 0 0 0 0 0
WBAPON - CARRY CONC&ALED 0 1 1 1 3
WBAPON - EX FBIAN IN P03SESSION 0 0 0 0 0
WfiAPON - OTHBR 0 0 0 0 0
WF.APON - POSSESS ILLEGAL 0 1 1 0 2
WEAPON - SHOOTING IN PROHIBITBD AREA 0 0 0 0 0
WILLPUL MURDER 0 0 0 0 0
ZONING ORDINANCE 0 0 0 0
----..-._ 0
---- ----
-
--
---------------------------------- -- ------------------- -
2008 TOTAL: 195 -------
207 ----
164 ---------
172 -----
0 ------
0 ---------------
0 0 0 0 -----
-
-
0 0 738
2007 TOTAL: 194 213 291 201 0 0 0 0 0 0 0 0 899
2006 TOTAL: 213 218 322 253 0 0 0 0 0 0 0 0 1006
35
8G
WPD Mo~thly Code Enforcement Statisitcs
Incident Type
Abandon Vehicles
Abate Nusiance
Animal Complaints
Business Licens~ Check
Tall Grass
Ordinance Violation
Area Check
FIR
Other
Total of All Inci¢lents
Total
8
19
42
2
2
48
2
2
10
135
ril 2008
36
8H
COMMUNITY $ERVICES DEPARTMENT STATISTICS
APRIL 2008
Recreation Servlices Division
Apr-07 Apr_08 2007 YTD 2008 YTD
Revenue: $3,739.00 $8,321.00 $72,374.39 $103,015.07
Expenditures: $21,963.89 $16,373.41 $318,751.45 $264,443.24
Propram Attendance:
Youth Sports: 3,263 69 11,495 997
Adult Sports:** 0 3,709 2,415
Youth Programs:' 202 0 4,056 1,610
Adult Programs:*" 0 0 804 28
Teen Programs:* 382 1,200 3,775
A~fter School Club:" 2,595 11,729 17,568
Special Events: 0 450 4,495 10,200
TOTAL: 3,465 3,496 37,488 36,593
Aquatics Divisic~n
Apr_07 Apr_O8 2007 YTD 2008 YTD
Revenue: 19,600.30 19,747.97 136,788.53 146,387.56
Exqenditures: 45,576.00 50,297.52 440,774.52 460,318.68
Cost Recoverv: 43°/a 39% 1 1
Attendance: 3,994 4,614 39,638 45,379
L~sson Enrollment:
Group: 95 114 870 1,098
Adults: 0 7 3 49
Private: 0 16 11 55
4th Grade: 0 0 404 431
TOTAL: 95 137 1,288 1,633
Library Division
Aqr_07 Aar_08 2007 YTD 2008 YTD
Revenue: 1,454.31 2,274.02 63,825.45 69,243.00
Expenditures: 68,578.62 79,707.90 773,187.67 791,195.53
~ .ibrarv Attendance: 17,807 19,644 176,135 165,162
Librarv Circulation: 9,784 12,060 103,289 115,546
Ad ~lt Proaram Count: 1 4 13 18
Adult Attendance: 25 50 6,273 3,890
Youth Serv~ce Procaram Count: 34 43 312 285
Youth ~ eroice Attendance: 1,075 1,552 5,996 6,285
Database Usaqe: 738 260 6,351 6,869
AduIC Computer Usaqe: 4,629 4,896 44,707 44,378
Youth Service$ Computer UsaQe: 829 989 8,898 8,937
New Adds: 495 408
Volunteer Hours Worked: 102APRIL 2008101
4,460 4,944
1,337 933
37
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"This is the combined number for Youth Programs, Teen Programs and ASC in 2007
"` This is the cornbined number for Adult Programs and Adult Sports in 2007
APRIL 2008
38
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Project Applicant Description Status: Date Deemed 120 Day Planner Referrals Facilities Mail Notice Notice to Post Stf Rpt Due PC Hearing PC Final Appeal
Received Complete Comp Date Meeting for PC Paper Property Admin Dec. Order Deadline
SiteLocation:
LA 2007-02, City of Legislative Amendment Received 11126I2007 Jim Allen
Woodburn Period Review Remand
City of Woodbum
LA 2007-03, City of Legislative Amendment Received 11126/2007 Jim Allen
- ~~Q~~~
270 Montgomery St.
:; ~~~~
Fte
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Project Applicant SiteLocation: Description Status:
ANX 2008-Ot , Jesse Lovrien - Cascadia 2400 N. Pacifc Hwy Annexation into City limits Incomplete
Development, LLC
Incomplete Ltr
Date Received Sent Out
04/21/2008 5/19I2008
DR 2008-01, EXCP 2008-03, George F. Brice III Hwy 214 & Evergreen Rd. Demolition and construction Incomplete 04/11/2008
VAR 2008-04
PAR 2008-04, Robert Engle 610 Glatt Circle Partition property into 2 lots Incomplete 04/23/2008
PAR 2008-05, EXCP 2008-06 Eugenia Yakubovich 855 Luba St. Paritioning into 3 parcels Incomplete 04/30/2008
I~UD 2006-01, ZC 2006-01, Boones Crossing, LLC - Parcels 1, 2 8 3 of Partition Modifications to Boones Incomplete 10I3112006
CU 2006-04, CPC 2007-01 Mike Hanks Plat 2006-55 Crossing PUD
4/21 /2008
120-App Received 180-Expiration: Planner
8119/2008 10/18I2008 Don Dolenc
819/2008 10/0812008 Don Dolenc
8/21/2008 10/20/2008 Don Dolenc
5/19/2008 8/2812008 10I27I2008 Don Dolenc
2128/2007 04/29/2007 Jim Allen
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Activity Report - NJay 8, 2008 through May 22, 2008
f older Nante .4pplica~tt Project SiteLocation Description Date Rec'd: App Con~ple Status: Planner:
BL 2008-052 Yesica Yahel Yo! Graphics 449 N. Front St. Graphic design and printing 05/12l2008 05/12/2008 Approved
Navarro
BL 2008-054 Cristobal Lara Royal Prestige 307 N. Front St. Sales of Cookware 05/13/2008 05/20/2008 Approved
BL 5008-053 Jorge and Ana A and J Jumper 363 Aksenia St. Recreational Equip Rentals 05/13/2008
Vera Rentals
BL 2008-055 Steve Slack Advanced Electric Contractor ~gn sales, manufiactun`ng ~~d 6~f14i26b~ ffsi3212668 Approved
Signs, Inc. installation services
BL 2008-056 Silvia K. Ramirez Special Gift Shop 585 N. Front St. Gift Shop OS/22/2008
FNC 2008-OS Toribio Aguilera Toribio Aguilera 191 Bridlewood 3 1/2 foot high wooden fence 05/16/2008 05/16/2008 Approved
SIGN 2008-11 Advanced Electnc Ca~l's Jr. Restaurant 1755 Mt. Hood Ave. (3) 25.75 sq. ft. wall signs 05/16/2008
Sign
SIGN 2008-10 Advanced Electric Carl's Jr. 1755 Mt Hood Ave. 13.36 sq ft wall sign 05/16/2008
Sign
TMKT 2008-08 Teresa Morales TNT Fireworks Fireworks sales @ Walmart parking lot 05/19/2008
dba TNT
Fireworks
TMKT 2008-09 Teresa Morales TNT Fireworks Fireworks sales @ Salem Hosp vacant 05/19/2008
dba TNT lot
Fireworlcs
TSP 2008-05 Connie Grade Portland-Woodbum 115 N. Amey Rd. 3'x2' signs for 4 days from r16-08 to 5- 05/14/2008
RV Park 19-08
Carrie Brenneck
Don Dolenc
Don Dolenc
CaRie $renneek
Carrie Brenneck
Don Dolenc
Natalie Labossie
Natalie Labossie
Don Dolenc
Don Dolenc
Carrie Brenneck
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Thursday, ~'Ylay 22, 2008 BL = Business License EXT = Extension SIGN = Sign Permit TMKT = Temporary Marketing Permit TSP = Temporary Sign Permit PAPP = Pre-Application FNC = Fcnec Perm
41
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May 27, 2~Q8
T~3: ~Ic~rrorable Mayor and City Gounci!
FRUM: Sca~t Russefl, interim City AdministratQr
SUBJECT: Re~tal Nousing ~'Jrcltn~~ce
REGCIMM~~~}Aj! , N•
If the m~dified ordinance is acceptable tc~ fihe City Council, forward tc~ the
Stakehofder Gro~p of interested parfies.
SACKGttE?UND AIN~ QtSG4lSS14N:
After the City ~avneil workshop an May 12, 2Q08, th~ City Council reached ra
consensus on m~-di~cations to the ordinartce. ~fhe changes ar~ c~s fc~[.Ic~ws:
~ Re-tit{ed it fhe Habitable Rental Hausing Ordinance
~ Section 7- remarred all definitions not ~sed in C?rdinance
^ Substituted the Ianguage af C)RS 9a.320 {habitability~ far the former
r~quirem~nts t~f Section 8.
~ Removed overcrowding section fror~n this Ordinance.
~ Modified S~ction 17 A to specify thaf constitutiQnal rights wilC nat b~ violated
when property is entered.
~ Removed the fee sectior~.
AdditiQnally, after sta~f discussion, Ican~vage was added stating that where the
Landiord is not the C}wner of the Dwelling Unit, reasor~able efforts must be made tQ
provide the 4wner written natice af the violation. Thi~ modification was sugc~ested
by the Stc~keholder Group and should help i~ ardinance adrrtinisfrc~tion.
Finally, the effective date seetion was removed 4nd #he ardinQnce wifl go into
eff~ct 30 days e~fter Mayar signs it.
FINANCIAL INIPA~CT;
l!nl~n~wn.
Ar~;e~°,~~a Ifem R~v?~;~~~: Cify Adminis
42
City A~tcxn~y
courvci~ e~~u MQ.
C~INAlVCE NQ.
AN QRQINAN E RE6~11RING HABITABL~ RENTAI k~4USING ANa PRQVIDING FCtR
AQMlNISTRATI~N AMa ~NF4RGEMENT.
THE CtTYiQ~ WQ4QBURN t}RGAINS AS FC?I.LCJ~WS.
Secnan 1. Tit~gi. This tJrdlna~ce shall be knQwn as the "Habitable C~enfiai
Hausing CJrdinc~nce,"
S~ect~on ~. L~[al~ye ~indin~.
A, Thi~ Cit}r Cauncil finds that a safe, decent ~alace ~c~ live is a basie
nec~ssifiy that ~er~Qbles fannilies to meet other basic nece~sities and sav~ far their
future~
B, Th~e City CQUneil further finds tt~ere are 4~rc~win~ number of
residentiai renjtal properties wlthin ~e City, and fihcst rrian~ of these prc~perties
are in a declir~ing state Qf maintenar~c~a~
C, The City Councii further fir~ds fihat Inadequafie maintenctnce direct~y
affe~ts the h~alth, -ife, sQfefiy and welfare of the resid~nts of the Gity af
Woodburn an~i impacts the hec~lth and vita4ity af fihe surrounding neigt~b~arhaod
and the Cit}r c#s a whole.
D. Th~e ~ity Counefl fur~her fiinds that it is neces~ory ta adopt this
(~rdinance so that Rentai Housing in the City is maintained in a goc~cl, src~~ffe, and
sanitary condltion and doe~ not create a r~uisance~ a~ bli~ht~d conditions tc~ ifis
surroundings,
E. The ~ity CQUncil further finds th~rt the adaption af this 4rdlr~ance is
a reasonablia mefihad of insuring suitable housing, safe and viabie
neighborhaoc~s and a healthy Cifiy,
Sectio~~ 3. _P~ur~sQ. The purpose of this CJrdinance is to prc~vide
min~mum hak~itabifit~r criferia to sofeguard health, ~rape~fiy~and publlc w~~lfc~r~ Qf
fihe C~wners, occupants ~nd users of residenfial rental bu~ldings.
Section 4. ~tate of C}r~ R+a~identi+al la~,dtor~ ran~# Tenanfi Qct, This
C}rdinance is inter~ded tQ supplement and noi~ cQn~ict with the habitabi~ity
standards of the C~regon Resfden~al ~andiord a~d Tenant Act<
~'age 1 - ~C~t~NG(l. BILL R1C3.
URDINA(~tCE NO, 43
Sec~on 5. ~gp,~.
A. Exc~pfi as described below, these standards shai! ap~ly to Rentc~i
~i~+using Ioeafied wathin the Git~, ~
B. Not~uithstanding suE~sect~on 5A and eonsistent with the 4regor~
f~es~denfiai Lon~ilard and Tenan~ AGt, the fe~llc~wing are exerinpted ~rc~m the
appiication of tfi~is Ordinance;
1. Hotels, matefs and ladging hQUSes;
2. Hospitals and other medical facflities;
3. ~lursi~g care fiacllities as def~ned in the Wsa~dburn
Devela#~ment Oirdinance; and
4. Group homes and group care fic~~ilifiies a~s defined ir~ 4R~
~haptQr 443.
S~ecfian 6. C~rr~c~lcalrtts. A complaint under fihis Qrdfnance shail be
submitted in wti~ing on a forr~ pr~vided by th~ ~ity ar~d shail in~lude th~
following:
A, The rtame ~f the Person filing ths camplaint, if known,
B. Th~ r~ame af the Lanc!lard,
~. The address of the alleged violation.
D. A diescription of the alleged vicalation,
E Wh~re the Tenant is the Camplainant, prc~Qf thczt reasonable effarts
were made to provide the Lc~ndlord wifh written noti~e af the c~lleged via(at€or~.
F, Wh~re the Landivrd is nc~t fhe Qwner of tF~e Qweliing Unifi, proc~f fih~afi
reasonoble eff4rfs were made tc~ provide 1fie tJwner wlth writfien notice of the
crlleged v~ofatio~.
Sectic~n 7. Deflnitions. Far purposes of thls Qrdin~nce, the foflc~wing
definitions shaff ~~ply:
[?welling Unit. A sirtgl~ unit pro~iding complete indeper~dent living
facilities far Qne- or mar~a Persons including provisic~ns fc,r livinc~, sl~aping, eating~
cooking, c~nd sanitatiQn. For purposes af thls C~rdlnar~ee, where pc~rtions af a
residenfiial b~ilding t~re ac~upied under separate Rent~l Agre~mer~ts, but
Pac~~e 2- C~UNClL BILL NO.
QRQINA~ICE NC~. 44
tenants share ~ating, ~ookin~, and/ar sanitat~an facilities, eaeh pc~rtic~r~ und~r a
separate Rentd~l Agre~ment s~oli E~e considered a Dwelling Un~t~
Enforce ent C?ffirer. A police officer, code enfc~rcem+~nt officer or other
city a~ficial c~utl or~zed by the City Administrator ta enfiorce ~khis C~rdlnan~e,
I.andlord~ The Owner, les~or, ar suk~lessar of a Dw~elling Ur~ifi.
t~wner I~hcMudes a martgage~ in possc~ss~on and means an~ or more
Perscros~ jointly br severcrlly, in wham is v~s#e~d: (a) ali or part of ths kegal title tc~
property; or (b~ ali c~r part of the benefieial owner~hip and a r~ghf to present use
and enjoyment of the premises.
Pers4n. ~1ny natural Person, flrm, I~artnership, associatian or corpc~rc~t~an.
Rentai ~re~ement. AI1 agreemenfis, written or aral, Ganc~rning the use
and accupar~~y of a E3welling Unit and premises.
Rentat Mausin8. A Dwellir~g Unit whi~h is the subject c~f a t~ental
Agreement.
Section $. Maln~an~e of Qw~lins~ Un~t in Ha~~~ ~ondlt#c~n.
A. A Londlc~rd shall c~t ail ~times d~r~ng t~te ~F~nar~cy r~aintair~ fihe
Dweliing Unit in a habitak~le condit~c~nR Far purposes Qf this sectian, a Dwell~ng
unit shccMi be c4nsidered unhabitable if it substantially lacks.
1. Effective watecpraofing and weather protecfiion Qf rca~f ar~d
exterior wal~s, includfig windaws and doorsE
2. Piumbing faci{ities which~ conform to cappficable law i~ effect
at the time of instaliatian, and maintained in good wcarking ~rder;
3. A water s~pply ~pproved under applicabl~ law« which is:
a. Under the contrQl of the Tenant c~r ~.andlord c~nd is
capable of producing hot and eold r~nning water;
b. Fumished fio appropriate fixtur~s;
c. ~annected to a sewcs~e disposal sysFem a~prov~d
under appiicctble IQw; and
Page 3- CC7U~JCII. BILL N4.
URD11NA1VCE NO. 45
, . _ _ _ ....: .
d, Maintained so as fio provide safe c~~nking wc~ter and to
be En gc~od wortting order fio the e~cte~t that the sy~tem can E~e cc~nfral[ed by tfie
l.oncflord;
4. Ad'equate heating fae~lities wh~ch conform fr~ app[lcabl~ law
at tn~ time Qf in~tallatiQn and miaintained in gaod v+rorking c~rd~r;
5. Electrical ligt~fing with wiring and electricai equi~ment v~hich
canform to ap~Rlicable law crt the time of instaliatian and main~ained in gc~od
working c~rder;
b. Bu`rldings, graunds and appurt~nances at fihe time ofi fit~e
cammencemerat of the Rental Agr~emen# in every part safe far ~c-rmaE and
reosonably fiore eeabie uses, clean, sanitary c~nd free fre,m all accumulations of
debris, filth, rub~ish, garbage, rodents and vermin, a~d all areas under confiral c~f
#he Landlord k~pt in every pc~rt safe far normal and reaso~abMy foreseeable
uses, cl~an, samitary and free firQm all accumulafic~ns of debris, fi~ffi. rubbisf~.
garbage, raderrts ~rr~d v~rmi~n,
7. Except as o#herwise provided by loca( ordinance or by
wrifiten agreerrtent kaetween the Landiord and the fienant, an adaquat~a
number of app~Qpria#e recepfiacles fio~ garbage and rubb~st~ in cl~an cs~ndltinn
and good repc~Iir a~ tt~e time af the cammencernenfi of the f~ental Agreem~~t,
and ~e l.onc~fard sk~alM provide and rnaintain appropriate servi~eable
receptacles tt~~lreafter and arrange fQr th~~r remc~~al;
8. Flaors, walls, ~eifings, stairways and railings maintained in
gooc4 repair,
9. Ventila~ing, air condit~ianing and c~t~ec fac~fi~ies ar~ci
applianeas, i~c~luding elevators, mainfiai~ect in ~a4d ~epa€r If supp~I~d vr
required to be slup~li~ed by the Landlord;
1 Q. Safety frorn fire hazQrds, includi~g a warkinc~ srrtoke alarm r~~
smoke detector, with warking batteries If solely E~attery-c~perated, p~ovided on[y
~,t the be~innin~ of any ~n~~nr tenancy when the Tenant firsfi takes pQSSessic~n ~f
the prernises, ~s~ ~rrovic~ed in C7RS 479,270, but nat ~o ir~clude~ the Te~nar~fi's t~stinc~
of the smok~e eriprm or smake detector as prouided In C~[dS 90.325 ~6}; or
11. Working locks fc~r a!t dwefling entrance d~ors, and, unless
cnntrary ta applicable Icaw, latches for pl( windo~s, by wh€eh aecess may be
h~±d to that portic~n of the premises which the Tenant ~s entit(ed u~der th~ Rentaf
A~r~ement to Crccxapy tQ the excfusian af Qthers crnd keys far sueh Ic~cks wl~ich
r~quire keys.
F _7g~ 4 - CC?U~fCIL BItL ~~3~JJ,
rJRDINANCE N~J, 46
Se~tion 9, Abatem~tt c~tfce, Whenever a viola~an ~f th~s C~rdinc~nce is
found to exist w~thin tt~e car~orate limit~ of the ~ity and fihe En~c~rcement C7ff€~er
elecfis to praG~ed by abatement~, the Enforcement C~fflcer shall giv~ writt~n
notice, by a ty~e of maiM that requires p si~ned rec~ipt, ta the ~.andlord of the
property upon r~rhich the ~ialatio~ exists.
Secfian 1 Q. Abatem~t. Upon rece~pfi af #he natice that a violatic~n exists,
the Londiord ~~all have thirfy (3Q) days ta abate the viQCa#ion,
Secrion 1 h. No~ic~ t~ t~ rerr~,~,enta, The nc~t~ea to abate th~ violatian shc~li
~Qntain the fQilpwing:
A. An,order fio abate the violatlan within tfiirt~r (3~D} days:
B. m~ loeatlo~ of the violc~tion,
C. A diescripfiQn Qf what canstitu#es i~h~ violatiQn;
Q, A~katement that if the violatlon ~s nof abated within tf7e pres~r~bed
time, fi1~e City v~iil se~k civil penalties under th~ C~rdinanGe; anc!
E. A$tatement that a Persan who is dissatisf~ed witt~ the c~bat~cne~t
no#ice h~s fihe r~igt~i to judi~i~l -eview under ifi~s 4rdir~an~e.
Section 1~. Re~twes# f+at Judlcic~l Review. The Landfard may file v written
request for judi~ial rev~~w in the Woc~dburn Municipal Court w~fihin ter~ (10) days
Q# fihe date thalt tt~e notice to abate was mailsd.
Section ll~. R~ r . The reque~s~F for Juc~ic~al rev~evv~
need not iae irh any particular farm, but shauld substantially ec~mRly with th~
fiailowing requirlement~:
A, 6e in wr~ting;
B. Identity the place ond nature vf the alie~ed viQiatian;
C, Specify the name and address of fihe Landlc~rd seeking judicial
review; and
D, ld~ntify fihe Enforcement 4fficer alleging tk~at a violatiQn exists,
A copy of the req~est for judicial review shaN be served Qn the t1VoQdburn Ciiy
Attorney's offic~e.
Page 5- COUNCIL BILL NQ.
ORDlNANCE NC?. 47
Section 1 i4, Schedu~n~,gf ,~4~~r~S~.R~~•
A. Th~ judicial review hevring shafi be hQld vvi~ttin ten <10) days affer
the request for Judicial revier~v is made, The day may be pastponed byr:
1 ~ Agreeme~tt afi th~ par~i~s; or
2. Qrder of f~t~e caurt fior gcaod ~ause,.
B. Aft~r a hearing is scheduleci, the eourt shall prampt~y notify the
parties as ta th~ time and locati4r~ af the hearing.
Se~c#tt~n 1i5, Judlcia! ~evieNr HeQrirr~. At fihe judi~ial rev~€~~ hearirrg the
City and the L~ndlord shall have the right to present evidence and witnes~es
and to be represented !~y legaf counsel at their c~~nrn expense. Affer due
consideration pf pertinenfi ir~farmation and testimony, the ~ourt shall mak~ ifis
findings. The fir~dings shall be based or~ substantial evidence cand shall be finr~l.
Sectit~n 1~6, i~~~~c~c tion of Yicrl~,t~n. The Lar~dlord shall be natified by c~
type of mail th~at requires a signed receipt posfirnarked no later than five days
affer the f~~di~gs are entered by the court or !ay persc~nal delluery by a
representative ~f the City. Upan notification ~f violatior~, the Land{ord shall hav~
30 days to ak~te fihe violation.
Secti4n 17. Er~tor~~„nt.
A. Insae~tic~n anc! R~~t of Entrv. Whenever fihe Enfarcement tJffice~
has reasonable cause to suspect a vialafion of ~ny prc~uisican of this C.~rd~e~ance;
the Enfo~Geme~nt 4~cer may entQr e~n any site or inta any struet~ure fc~r fihe
purposes c~f inv+estigation provided tt~afi na premis~s shc~ll be entered wiffiout first
attempting to obtain the canse~t of the Qwner or person in cantroi af the
premises if ot#~er than the ~'Jwner. if cansent cc~nnot be ab#ained, the
Enforcern~nfi Officer shr~ll seGUre a se+arch warrae~f before furfher at~empt~ tc~
gain entryr, and shall have recourse fio every ofiher rernedy provided by law to
seeure entry.
B. Ci~i! [nfractlon. In addi~i4n to, and nat i~ lieu af any c~tt~er
enfarcement mechanisms, a~ri~lat~on of any pravisiQn of this Qrdinanc~
constitut~es a Giass I Civil (nfractiorr which shctli be pracessed ~ecording to the~
praeedures co~ta[ned in the Woodburn ~~vil f~fracfiic~n Grdlnan~c~.
C, ~iy~il Proceedin~ InitiQ~ed k~,y ~ity Ai~ornav. The Cify Att~orney~, c~ffer
c~btaining authorization from the C~ty Gouncii, may init~ate ~a ci~ril preceeding c~n
behalf of the eity ta enforee the pravisians of thfs ~rdinance. This civil
pr~ceedir~g may i~clude, b~t 'rs not Iimited to, in~unct~on, rr~andc~mus,
P*~_-~~ 5 - ~C:UN~CIL ~31LL ~1Q.
~RpIN1~NC~ ~IQ. 48
abafement, or ofher appropriate proceedin~s to preven#~ tempQra:rily Qr
permanentiy er~join ar abate ar~y vialations Of fhis Ordinance.
Sectiont~. Frohib~Nan gQ ~~~~.li~~y C°nd~t by t.ar~dlard. Na Landlorc~
may terrninate ~a tenancy, increase rent, decrease services or refuse t+~ ~enew a
iease ar tenanciy because a Tenont has in c~ood fia~th:
A. ~i{e~d a cc~mplctint under this~ Qrdinan~~, Qr
B. Requ~sted the LandEord to make repairs ta a premiSes as required
by this Ordinran~e; or
C. Prc~vided i~formation ar testified in ar~y proceeding invc~lvir~g the
enfore~ment Q~ this 4rdinan~e.
Sec#on 1~4, ~~I,~ofe Q~~~,~s. Eacf~ day dur~n~ wt~ieh a~ vic~la~ia~n of fihis
C~rdinance car~tinues shail cansfitut~ a separate offens~ for which a separate
penalt~ may b~ imposed.
Sectior~ ?~Q. Severabilitv, If any sectian, ~aragraph, subdivision, ~[ause,
s~ntence, or plrovisions of this 4~dinanee shall be adjudged by any court af
competent juri$dictiQn #o be ~nconstituti~ana{ or invalid, ~uch judg~nent sha[[ nc~t
affect, impair, invalidate, or nullify the remainder af the title, but the eff~ct
thereaf shaf( be eonfined to the section, ~arr~graph. subdivi~ion, ~lause,
sentenee or provision immediateiy involved in the cQntroversy i~ which such
judgment ar d~cree shall be ~endered, it being the intenfi of fihe go~eening body
to enact th~ remainde~ c~f fihis (Jrdirtance natwithsfiandir~~ the parts to be
declared uncc~nstitut~onal and invalid.
Approved as ta farm:
Passed by fihe ~ouncii
Submitted ta th~~ Mayor
Approved by the Mayor
Ap~raved:
Kathryn ~igley, Artcryor
~i1ed in the Offi~~e of th~ Re~~rder
AITEST: _ _ __ __
Mary Tennant City Reearder
City of Woodburn, 4regan
P~~e 7- C4lJM1lCIL BILl. NO.
~RDINAN~E NO. 49
City Atfiorne~+ Date
~~~~ ~ ~ ~~~
~~~~m~~~ ~~~~ " '
~r..~,~>,.,~~~r ,,,.r~
Ntay 27, 20Q$
TO: Manorabl~ Mayar and Gi~y Council through ~ity Adminis#rator
FR4M: Dan Brown, Public WQrks Directar
SUBJECT: To~t Street l.l~ Final Assessmen#s Ordtnance
RE~QMMENDA~IQN:
-,-
That the City ~ouncil adopt the attached C7rdinance to levy finak assessments
on prapert~ wi~hin the Tout Streef Lc~cal fmprovem~~t Distri~f.
BACKG~OUND:
The City ~oun~il initiated the Loeal Improvement District (LI[~j process for To+~t
Street street improv~;ments between SoUth Setflemi~r Avenue and Sauth Frc~nt
Street, apprav~d fihe engineering report, held c~ ~ublic hearing and ada~ated
Ordinance NQ 24l $ tha# established the legal foundatic~n for the L1D
assessments.
The City has fallow~d the procedures as autlined in Qrdinance No. 2105 af the
farmc~tion of a Loca[ lrnprovement District and levying final as~essments to
benefited property awners. Th~ final casts h~ave been determined, prQperfy
owr~ers were n~tified by mail and through E~gal putali~afion en th~ IQCaI pap~r.
The publie heqring on t}~e final assessrnents wcss he~ld on May 12. 2QC1$. ~oun~il
closed the hearing and direeted staff to prepare #he final assessment
~rdFndnce.
~3fSCUSSI4N:
PrQper legal nc~tice has been publi~h~d in the lo~al newspQper and a letter ~tas
be~n maiied tc~ eQCh individuak property awner of r~~ord.
Upon pc~ssa~e of the ordinance, property owners will receive a nafiee of' final
assessment. The property c~wners with unpaid assessments wiCl also receive a
Bancroft bc~nd informr~tian pa~kage. Tt~is information pac~Cage wi~l provide a
I~~~nc,'a ~tGm ~?~vi~:.~J: t:::°~,~ ~..~minisfra
City Atfc~rn~y ~ V~""'~ F~n an
11A
50
Hc~norable h~ay~or and ~ity Council
May 27, 2~8
Page 2
2Q-year paymejnt pla~ option at b.251~ int~rest rate. Tt~e properfy cawner mc~y
pay the ant~re ~mour~t ~f ~ny time within tt~e ~Q y~t~~ periad.
lt is recommenq~ed ~hat the City Gc~unc'tl adapt th~ afitaehed ordinanc~ fio levy
final assessme~n~s.
~I~ANSI.A~.1w1P ,~T:
Passage of this ordinance wilf authori~e #he City to collecfi ~3l ,SQQ in assessmenfi
~osts aflacated to the benefifed property owners wifihin ~he UD.
51
cc~uwc~~ e~i~~ r~o.
C?RDINANCE N4.
AN C}RQtNANCE ~EVYIN~ ASSESSMENT~ F4R THE IMPRCxY~ENT ~J~ TC1UT S'i'REEf BETWEEN
SETTkEMIER AVEN E AND ~a0U1'H FR4Nfi STREET.
WHEREAS., the City Council review~d ~nd apprQVed the ~ngine~ring report c~n
the improvemen'~ of Tout Str~et can Jur~e 2b. 20Qb; and
WHEREAS, the City Caun~il by Resolufiion No. 1853, declc~red its inten# ta improve
Tout Street thro~gh a Locol lmprovement Dist~ict proc~ss, ~ado}~t~d the method af
assessme~t, ~sfa~lished a date for the public Mearinc~; ar~ci
1lYHEREAS, fhe Public Hearing was held on ~lprrl 23, 204~ to re~eive ~nput fr~am
offected proper~y owners. 4nly one w~tten remc~nstrc~nce was re~eived by the city,
ond therefore, siuspensian and reconsideration by the city ~c~unci{ was nQt rer~uired;
and
WHEREAS, the assessment to each benefited property is ba~ed upon th~ spe~ia!
benefit reeeived for the scrid irnpravement ~sing o distribution method as c~ut[ir~ed for
each I~# identifi~d in C}rdinance Na. 24~18; and
WHEREAS, lega[ notice af the public hearing on #he proposed final assessment
was provid~d c~nd mailed ta the owner oF each iot proposed to be czssessed at fhe
address of recard shawn in fihe offieial reco~ds of Mc~ric~n County; and
WHEREAS, the final csssessm~nt h~arir~g was canducted on iv1ay 1~, 2(308; N41f11,
TNEREP4RE,
THE ~lTY QF W44L3BURN 4RDAINS AS FQllOWS;
Sectlon 1, fia
The actua[ assessvbfe cost raf the local imprc~vement of Toufi Street betwe~n
Settiemier Avenue and South Fronf Sfreet is $31,SQCl, whick~ is hereby assess~d against
the property described her~in the Qmounts listed,
Section ~, L i n .
The City ~auncil levies the fir~al assessments c~gainst the real prc~perty ir~ the I~cal
irnprovement di5firict as set forth on the Assessment Roll a~#ached and incorporater~ as
Exhibit "q,,`
Section 3. Dete~mtnafton af Soecioi Bene~t,
The City Caunc9l determines that each IQt described or~ the Assessment RQlI is specially
benefited to th~ exter~t of the assessment set forth on #he Assessment Rali aga"rnst that
Eot.
~=~ge i- Ca~n~il Bill Na 2T22
Qrdir~~n-~~ No.
52
Sectian ~. RaKma~nf 4~,ons.
Pursuant to QRS Gha~ter 223 (Lacal IrnprQVements}, benefited property owners have
the following opfi~ons:
A. Full payment of the final assessment within 30 deays Qf #h+e effective date o~
this ordinance wifihout ir~cu~ring interest charges; or
B. instkallment payment plon ov~r a tw~nty (20j yerar p~riod wt~~re anr~ual
p~}~ment wiH be made equal #0 1/20 of t~ie casf af their share af the
ass~ssment plus interest.
If an instalfinent payment plcan is elect~d by the ber~e~t~d proper#y owner cand the
outstQnding (ienl is paid off kaefore the ~nd af the 2Q-year period, interes# wll b~
calculated to th~ dote oi the lien payoff.
Section 5. lnfierg~.
P~rsuant to Secfi~on l t Qf C~rdinQnce No. 241$, the interest rate is established at b.25~4
and tk~e aGCrupl date shalf starf from the effeGtive dafe of' this Qrdinance unless
payment is mad~ within the first 30 days.
Secfta-~ 6~ ,~otic~ of Asseasments.
The ~ity Record~r shall send a natice of assessments fio all awners of assessed p~operfy
and publish noti~e c~f the ossessments pursuant to the requir~rt~ents of Qrdinc~n~~ l~4,
2 ~ a~.
~' ~~''1 ~'~r~.'..~~,~~~ ,~' ~'. 2 `~ ~ t? ~
Approved as fio form: ~ ~
City Aftomey Da~
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to th~ Mayor
Approved by fh~e Mayor
Filed in fihe Office of the R~carder
ATTEST:
Mary'fen~ant City Recorder
~ity af Woadburn, Qregan
Page 2- Council Bill No, 2722
Jrdin~ar~ce ~la.
53
EXHIBIT "A"
TOUT STREET IMPROVEMENT DISTRICT
ASSESSMENT ROLL
(NOTE: BA6t8~~ ~T°"~~^"T denotes tax lots or names, which have been modified
since the adoptiqn of the original ordinance.)
Map/Tax Lot
Numbers Owner Assessment
Amount
051W18BC0210 D Doman, ~A:, Ste hen N& Sheree L $1,890.33
051W18BC0850 Glavnik, Nickola & L udmila $1,931.02
051 W18BC0200 Garcia, Abel 8~ Ofelia $3,054.39
051 W 18BC0190 Nobles, Marian E. $3,151.79
051 W18BC0860 b Carlson Noah M. & Eulalia l. $4,360.39
051W18BC0180 q Koffler, Frieda $3,737.44
051W18BC0870 q Perfecto, Jose $5,519.68
051W18BC0170 p Daurov, Ivan G. 8~ L ubov V. $2,880.64
051W18BC0160 0 Zavaleta, Perla Perez $3,044.12
051W186C0930 b Rios, Ana L 8~ Molina, Ale'andrina Astor a $1,930.20
TOTAL $31,500.00
Page 3- Council Bill No. 2722
Ordinance Nc.
54
11 B'
'~~~~~ ~~~~
~ ~
r~.~~.~,~:,~,~a f +~a
~1t~U~/ ~~, ~{~~$
T~O: Ha~orable hAayor and ~i~r CQUn~il t~hrc~ugh City Adm~ir~istrat~r~
~RQM: Daln Brawn, Publie Works Director
SUB.~ECT: ~o~nes F~rry Road E.ID final Ass+~asmeflts t)tdinance
RECt~MMENDA~~4N:
That the City ~ouncil adapt fihe attached Ordinanee to levy final assessm~nts
an property wi~F~in the Boones Ferry Roar~ Local Impravem~nt District.
BA K,,,~„RQ,,,I~,_ND~
The Gty Coun~il initiated the Loeai Improver~ent Disfirict (LCQj prcac~ss for ~caanes
Fem,r RoQd Str~et improvements between S#ate Highway 214 and ~ocase Creek,
approved fhe~ engineering report, held a~a~blic hearing and actopted
Ordinance Nc~, 2357 that established the legaf faundation for the LIL~
assessments.
The City has fc~llowed the procedures as outlined in CJrdinance No. 21OS c~f t~~
farmatic~n of ~~.ocai ~~,~ro~er~~nt a~strict c~nd levying final assessments tc~
benefited ~raperty owr~ers, The final costs have been dete~mined, prapec~y
owner$ were notified by mail and thraugh legc~l publicaiion in the locai paper~
The public hearing on the final assessments vvas h~ld on May 1~, 2C148. Gouncil
cfosed the }~earing crnd directed staff to prepare the final assessment
ordinance,
DISC~SSI4N:
Proper legal notice has been published in the local newspaper and a letter has
been rr~ailed to each individual properfy owner or record.
Upon passag~ of the ordinance, properfy Qwn~rs will re~eive a r~otice of finai
assessment. 1'he property owners with unp~id ass~ssments will alsQ receiv~ ~
Bancroffi band information package, This information pac~cage will provide a
10-year paym~nt plan apfion ot ~.89~ intere~# rate. The prop~rfi~r awner rnay
pay the entire amount at any fiime within the 10-year Reriod.
Ageneia -tem ReWi~w: City Administrafor~~ City Attorney
55
Ha~orable Ma}+or and City Couneil
May 27. 2048
Page 2
It is recommended that the City Cauncil adopt the atte~~hed ors~ina~ce ta lev~
final assessnn~nits.
FINAI~CIAL [MP1ACfi:
Passage of thlis ordinance wili authorize fihe City tc~ collect $26$,323,72 in
assessment easts allocated to the k~enefit~d properfy ovvners witt~in fihe lla.
56
~t7UNGll BILL N+~.
QRDINANCE NQ.
AN QRDINANCE LEYYIfV+G ASSESSMENTS FOR THE IMPRC'~VEMENT QF BQ4NES EERRY ~QAO
~ETWEEN STATE HIGMVItAY 214 AND G44SE +~REEK.
WHEREAS, the Gity ~ouncil reviewed
the proposed improvement of Boones ~er
~oose ~re~k an Jonuary 12, 2~4; and
and approved the engineering repor~s on
y RQad befiw~en Sfiate ~lighway 214 and
WHE~EAS, the City Council, by Resalution 175U, decl4red its in:tent tc~ ir»prQV~
Boones Ferry Rood through a local lmprc~vement District ~rocess, adc~p~ed the method
of assessment, estabfish~ed a date for the ~ubfic hearin~; and
VIiHEREAS, a public hearing on the formation c~f fihe Lla wc~~ ~eld on F~bruary~ 3,
2404 fo receive input From affected ~aro~erty owners ond insuFf~cient reman,stranc~
were reeeived to suspend such improvement, and;
WHEREAS, the assessment ta each benefited pre~perty is based ~pon the specical
benefit receiv~d fQr the said im{arQ~~ment using ~ distribufior~ rr~efhod as ouftined ~ar
eoch lat identified in Qrdinanc~ 2357; and
IMNEREAS, iegal notice of #he public hearir~g an th~e praposed final assessment
was provided and mai{ed t~ the Qwner of ~ach (ot praposed to be assessed at th~
address of record shown in the Off~ciQl records ofi tv~~~ion County.' artd
WHEREAS, the final assessment hea~ing was conducted on N1ay 12, 2008; Nt~W,
THEREFQRE,
THE GtTY 4F V1144~BU4N QRDAINS AS FC?lIC~WS:
Sec~ton t. Totef Asse~~e Cosf.
t`he acfiual assessatale cast af the local imprQV~ment of Boones ~erry Road between
State Nighway 214 and Gaose CreeK is $268,323,72, which is hereby assess~d against
tl~e property described herein the arno~n#s listed.
Section 2. ,~errv ef ~ii„~ assessments - As~e~sment Roll.
The City Coun~i~ levies final assessrnents against thte real praperfiy in tt~e locai
improvement dis#rict as set forth on the Assessment Roll a#taehed and incorparatec! at
Exhibit `"a".
Section 3. Qetermination of ~-~ 1 Ben~fit.
The City Couneil determines that each lat described ~n tf~e Ass~ssrn~nt Rcall is s~ee~aGly
k~enefited to the extent of the assessment set far#h on the Assessment Roll agains~ thc~#
lat.
PaC~ 1- Caunei! BiIN NQ. 2~723
C~rdinance No.
57
section 4. P°vme~L.~Q~.
Pursuont to C~~S' Chapter 223 (Local Improvements}, ber~efited praperty owners t~ave
fh~ fc~lowing pa~ment options;
A. Fiufl payment of fih~ final assessm~nt within 34 days ofi the effective date c~f
thi ordinance withaut incuering interest charges; or
B. I~hs~alirr~ent paym~nt plon over a ten ~1 Q~ year periad~ where a~tr~ual
pcr,~rment w~ll be mctd~ equal to 1{10 Qf the cost c~f their share af fhe
as~essment plus ir~terest.
If an ir~stailmein~, paym~nt plon is ~lected by the ber~efited prcaperty ov~rner esnd the
outstanding Ii~r1 is paid off befor~ the End of th~e 14-year period, interest will ~~
calculated to thi~ date of the lien payo~f.
Se~tian 5; I rg~#,
~ursuont to Seetion 11 c~f 4rdinonee No. 2357, the interest rafie is establi5hed at 5.89~
and tF~e accn~pl rate shalf start from the e~fecttve date c~f this ordinonce unless
payment is m~c~e within th~ first 3a days,
Sectton 6; Not~ce~,-~ Assessment.
The ~ity Reco~c~~r shc~ll send a notiee Qf c~~s~ssment~ tc~ ali ~~rners of~ c~ssess~d pr~per~
and pubtish npti~e QF assessments ~ursuant to the requirements of 4rdinQnce 2i05.
Approv~d as to form: ~r " " ' ~~~~~~ ~ ~ ~ ~ ~ ~ ~
Cify Attorn~y Dpte
Approved:
Kafihryn Figl~y. Mayar
Passed by the Couneif
Submitted ta th~ Mayor
Approved by th~e Mayor
Filed in the 4ffice of the Reeorder
a~~sT:
Ntary fi~nnant Gity ~eeorder
City oif Woodburn, Qregon
P~c~e 2- Covnc~E Bili No. 2723
-~r~in~nce ~~a.
58
EXHIBIT "A"
BOONES FERRY ROAD
(State Highway 214 to Goose Creek)
ASSESSMENT ROLL
(NOTE: nni iQi ~ cTO~u~TUOn~ ir~u~ Denotes tax lot or names, which have been
modified since the adoption of the original ordinance)
UNMODIFIED PROPERTIES
Map/Tax Lot Numbers Owner Assessment
Amount
051 W07CA00500 First Presb terian Church of Woodburn $24,050.38
051W07CA00400 Boones Fer Develo ment Co. $21,381.95
051 W07CA00300 , Frank, Bradford LoefFler $5,366.01
051 W07CA00200 Caba, Nicholas Rust U/T/A 8~ Caba,
Nicholas, P. $7,098.09
051 W07CA00100 Woodburn Ambulance Service $7,255.30
051 W07BD02501 Bershen le Enter rises ' LLC $2,866.51
051 W07BD02500
Webstar III LLC c/o En le, Robert $3,089.83
051 W07BD02400 Cornwell Famil LTD Partnershi $9,401.36
051 W07BD02300 Woodburn School District No. 103C $187,814.29
TOTAL $268, 323.72
Page 3- Council Bill No. 2723
Ordinance No.
59
11G
!+ "°"","".^t ~i:
~ ~
~ A~~ "..
ws~~~ _ .~
f~#fdl~pfiAt6~'.~ lf}
Nlay 27. 2t~8
TC}: H~morable Mc~yor and Cifiy ~:our~cil through ~ity Adminis#rator
VIA: D~n Brown, Public Warie~ Directar
FR~~l: Rar~d Rohmc~n, Public VYorks Pr4 ram Mana er ~
Y 9 9 ~"'~~
SUBJEGT: Tnc~aportation System Deve~loprt~nt Charg+e Scherdule
R,~,C+~31VtM E N DaA'~I O N:
Approve th~ attached reso[utiQn that establishes Transportatic~n Sysfiern
Develapment ~harges, Interchesnge Development Chare~es and A(t~rnativ~
Caiculafion F~es.
~R~K.. RQUNC}:
On April 2£~, 2(3a8 CQUneil ap~roved Qrdinance 2438 which impos~~l
Trranspartation System Q~velapment Charges including a~ Int~rchanc~e
Development Charge based upon an established methodology.
o~~cuss~or~:
Urdinar~ce 2438, the Transpvrtafiion System Develcrpment Charge C}rdinance,
directs that th~e Trar~spcarfiatican System Deveiopment Charges, Interchange
Development Charges and Alterr~atiue Calcukation Fees be a~iopted by
resolution. The resolutian tk~at is attached establishes Transpcartatiar~ Systern
Developnnent ~harges, Interchange Development Gharges and Aiternafrve
CalGUlation Fees, An effecfiv~ dafe of Jur~e 1, 2Q48 is established ~r~ th~
attached resQlutian.
FI IVANClAI 11V1~'~t~T:
No significqnt i~npact on the currer~t k~udget. There wos a modifieatior~ i~t fihe
proposed 2(~3&-2~9 budget far tne anticipated increases ir~ Transporta~ic~n
System C?evel4pment Charges.
fl.~, ~~~a Item R~-~view: C~it~ Administrcator~~~' City AftQrneyE ~~`'~-~ Finc
60
, , .. . .
CQUNG~L BILL tJC?.
RESCJLUTION NC1.
A RESE)LUT14N ESTABtISN~1VG A RATE S~HEQtlLE FC7-R TRAN5PC'~RTATI+QIY SYSTENI
DEVEk4PMENT CHARGES (INGLUDING THE ~NTERGHANGE t?EYEE.t)PMENT CHARGE
ANQ AN ALTERf~ATIVE CAL~ULATtC3N FEE) ~RND SETTING AN EFFECTIYE QATE
WHEREAS, QRS 223.297-223.314 grants IQCaI governments the power ta
impase system development chcarges; and
WHEREAS, the Gity autht~rized the preparatian o# the City of 1~Yoodbum
Transportation System develapment ~harge Stud~ daf~d ~rlarch 200$ ("fihe
Methadology"~; and
WHEREAS, the ~ity, in ~om~aliance with C?RS 223.297-223.314, provid~d
notice and receive pubfic input Qn the t~lethodalogy; ~anel
WHEREAS. fihe City adopted C~rdinance 2438 impc~sing Trar~spartestic~n
System Develapm~nt Charges, including th~ interchang~ C7evelopment
~harge~ based upon the Methodola~y; and
WHERE~S, pursuant to Qrdinance 2438, this ResoMutiQn aelc~pts a Rate
Scheduie for Trc,nspQrtatian Systern Development Charg~s, the Interchar~ge
Develapment Gharge and an Alternative Cafculation Fee, NQW THEREft?RE:
THE CITY C-F W4QDBURN RESQLVES AS FQLIQWS:
Se+~tion 1. Rate Schedu[e
Pursuont to C)rdinar~ce 2348 cxncf the Methc~dQlcagy, a Rate Schectufe af
Tronsportatian System Development Charges, incfuding the Int~rchanc~e
Development Gharge, is hereby adopfed and attached to this R~SQIU~IQC1 C]S
~X~'1Ik.?tt `",~~1e
Section . Alternotive Calculation RevierK Fee
A. The f~e for review of an alterna#ive rate or credit calculafiQn shall
be three=hundred-twenty-five dollars ($325~, to be paid at the fiime the
alt~rnative cal~ulation is submitted' fr~r rev~ew,
Par~e 1- CQUnci( Bifl No. 2~24
RaS~fution NQ.
61
B. Th~ f~e far rev~ew Qf an alternative exemptian r~quest shalf be ane-
hundred dallans ($100~, fiQ be paid crf the tirne fh~ r~quesfi is su~~K~rnifted f~or
review.
~. (f the City hires a cansultant to c~~sis# in reviewing the inf4r~rtati4n
submi~ted, fhe cost Qf the cor~sultant's reuiew shall k~e paid in equai ~ha~es b~
the Cify anc~ ''~the appficant, and the applicant st~all ~aay its share of this
additional fele at the time the City decides whether or nof to acce~t fhe
alternative ratd.
~g.,c.tiT. Effecttve Date
This Re~a~ufton is effective June 1< 24Q8.
~,ectio~h ~. R~peal
All priwr resolutians establishing amoun~s Qf Transportc~tian S~stem
Developmen~ (~h+~rges a~e her~by repealed.
Approved as tc~ form: r~•~l~~ ..~ ~~' 2 0~'~
City Atfiorney Dat~
ApprQVed:
KatF~ryn FigleyF Mayor
Passed by th~ ~ouncil
Submitted to tFre Mayc~r
Appraved by the Mayor
Filed in the a~ffi~ce of the Recc~rder
ATTEST:
Mary Tennant City i~ecQrder
City qf Woodburn, C~regan
Pa~~ 2- Gauncil Bill Na. 2724
ResQlu~ion I~io.
62
EXHIBIT "A"
Page 1 of 5
SCHEDULE OF TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
SYSTEM DEVELOPMENT CHARGE ~3,497
er PH-T
ITE Code Customer Type Peak-Hour
Trips Transportation
SDC Units
110 General Light Industrial 0.98 $ 3,427 KSF
130 Industrial Park 0.86 $ 3,007 KSF
140 Manufacturing 0.74 $ 2,588 KSF
150 Warehouse 0.47 $ 1,644 KSF
151 Mini-Warehouse 0.26 $ 909 KSF
152 High Cube Warehouse 0.12 $ 420 KSF
210 SF Detached 1.01 $ 3,532 DU
220 Apartment 0.62 $ 2,168 DU
230 Condo/Townhouse 0.52 $ 1,818 DU
240 Mobile Home 0.59 $ 2,063 DU
253 Elderly Housing 0.17 $ 594 DU
310 Hotel 0.59 $ 2,063 Room
320 Motel 0.47 $ 1,644 Room
411 * Local Park 0.09 $ 315 Acre
430 Golf Course 2.74 $ 9,582 Hole
435 Multipurpose Recreation Facility 5.77 $ 20,178 Acre
437 Bowling Alley 3.54 $ 12,379 Lane
493 Athletic Club 5.76 $ 20,143 KSF
495 Recreational Community Center 1.64 $ 5,735 KSF
520* Elementary School 0.28 $ 979 Student
522 Middle School 0.15 $ 525 Student
530 High School 0.14 $ 490 Student
540 Junior/Community College 0.12 $ 420 Student
560 Church 0.66 $ 2,308 KSF
565* Day Care 4.35+ $ 15,212 KSF
0.27+ $ 944 Student
590 Library 7.09 $ 24,794 KSF
591 Lodge/FraternalOrganization 0.03 $ 105 Member
710 GeneralOffice 1.49 $ 5,211 KSF
63
EXHIBIT "A"
Page 2 of 5
SCHEDULE OF TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
ITE Code Cu~tomer Type Peak-Hour
Trips Transportation
SDC Units
715 Sin~le Tenant Office Building 1.73 $ 6,050 KSF
720 Medical-DentalOffice 3.72 $ 13,009 KSF
750 Offi~e Park 1.5 $ 5,246 KSF
760 R~s~earch 8 Development
Cen~er 1.08 $ 3,777 KSF
770 Bwsiness Park 1.29 $ 4,511 KSF
812 Bwilding Materials & Lumber 4.49 $ 15,702 KSF
813 D~sCount Super Store 2.78+ $ 9,722 KSF
814 Speicialty Retail 2.71 $ 9,477 KSF
815 Discount Store 2.40+ $ 8,393 KSF
816 Hardware/Paint Store 2.18+ $ 7,623 KSF
817 Nur~ery/Garden Center 3.80 $ 13,289 KSF
820 Shopping Center 1.47+ $ 5,141 KSF Leasable
841 Newr Car Sales 2.64 $ 9,232 KSF
848 Tire Store 4.15 $ 14,513 KSF
850 Swp~ermarket 2.76+ $ 9,652 KSF
851 Convenience Market 14.80+ $ 51,756 KSF
880 Pha~rmacy w/o drive through 2.75+ $ 9,617 KSF
881 Phairmacy w/ drive through 3.30+ $ 11,540 KSF
890 Furniture Store 0.07+ $ 245 KSF
911* W'alk-In Bank 8.95+ $ 31,298 KSF
912 Driv~e-In Bank 12.35+ $ 43,188 KSF
931 Quality Restaurant 2.15+ $ 7,519 KSF
932 High Turnover Sit-Down
Restaurant 3.44+
$ 12,030
KSF
933* Fast Food w/o Drive-Thru 6.94+ $ 24,269 KSF
934 Fast Food With Drive-Thru 9.20+ $ 32,172 KSF
936* Drinking Place 3.58+ $ 12,519 KSF
944 Gas Station 3.26+ $ 11,400 Fueling Position
945 Gas/Service Station with
Convenience Market 1.65+
$ 5,770
Fueling Position
946* Gas/Service Station with
Convenience Market, Car Wash 5 09+
$ 17,800
Fueling Position
947 Self-Service Car Wash 5.54 $ 19,373 Wash Stall
64
, , . , _ _. ~m._.._. . .~_ W.~.._.~.... _ ~..~~.~,~.....____ _~.~.~.~..~.~ ..~W...... _.. . ...._ __~
EXHIBIT "A"
Page 3 of 5
SCHEDULE OF TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
INTERCHANGE DEVELOPMENT CHARGE $~,~o$
er PH-T
ITE Code Customer Type Peak-Hour
Trips Transportation
IDC Units
110 General Light Industrial 0.98 $ 1,086 KSF
130 Industrial Park 0.86 $ 953 KSF
140 Manufacturing 0.74 $ 820 KSF
150 Warehouse 0.47 $ 521 KSF
151 Mini-Warehouse 0.26 $ 288 KSF
152 High Cube Warehouse 0.12 $ 133 KSF
310 Hotel 0.59 $ 654 Room
320 Motel 0.47 $ 521 Room
520" Elementary School 0.28 $ 310 Student
522 Middle Schaol 0.15 $ 166 Student
530 High School 0.14 $ 155 Student
540 Junior/Community College 0.12 $ 133 Student
560 Church 0.66 $ 731 KSF
565* Day Care 4.35+ $ 4,820 KSF
0.27+ $ 299 Student
710 GeneralOffice 1.49 $ 1,651 KSF
715 Single Tenant Office Building 1.73 $ 1,917 KSF
72p Medical-DentalOffice 3.72 $ 4,122 KSF
750 Office Park 1.5 $ 1,662 KSF
760 Research 8~ Development Center 1.08 $ 1,197 KSF
770 Business Park 1.29 $ 1,429 KSF
812 Building Materials 8~ Lumber 4.49 $ 4,975 KSF
813 Discount Super Store 2.78+ $ 3,080 KSF
814 Specialty Retail 2.71 $ 3,003 KSF
815 Discount Store 2.40+ $ 2,659 KSF
816 Ha~dware/Paint Store 2.18+ $ 2,415 KSF
817 Nursery/Garden Center 3.80 $ 4,210 KSF
820 Shopping Center 1.47+ $ 1,629 KSF Leasable
65
EXHIBIT "A"
Page 4 of 5
SCHEDULE OF TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
ITE Code Customer Type Peak-Hour
Trips Transportation
IDC Units
841 Ne~w Car Sales 2.64 $ 2,925 KSF
848 Tire S~ore 4.15 $ 4,598 KSF
850 Supermarket 2.76+ $ 3,058 KSF
851 Cor~v~nience Market 14.80+ $ 16,398 KSF
880 Pharrriacy w/o drive through 2.75+ $ 3,047 KSF
881 Pharrthacy w/ drive through 3.30+ $ 3,656 KSF
890 Furniture Store 0.07+ $ 78 KSF
911* Walk-In Bank 8.95+ $ 9,917 KSF
912 Driv~e-In Bank 12.35+ $ 13,684 KSF
931 Quality Restaurant 2.15+ $ 2,382 KSF
932 High- turnover Sit-Down
Res~aurant 3.44+
$ 3,812
KSF
933* Fast Food w/o Drive-Thru 6.94+ $ 7,690 KSF
934 Fast Food With Drive-Thru 9.20+ $ 10,194 KSF
936 * Drinking Place 3.58+ $ 3,967 KSF
944 Gas Station 3.26+ $ 3,612 Fueling Position
945 Gas/Service Station with
Corrvenience Market 1.65+
$ 1,828
Fueling Position
946* Gas/9ervice Station with
Convenience Market, Car Wash 5 09+
$ 5,640
Fueling Position
947 Self-Service Car Wash 5.54 $ 6,138 Wash Stall
NOTES
1. Transporta~on SDC is the charge per applicable unit for all projects that are
required to pay transportation system development charges within the City Limits.
2. Transportat!ion IDC is the charge per applicable unit for all projects that are
required to pay system development charges for transportation within the area
identified a~ the Interchange Management Area in the Transportation SDC
Ordinance.
3. ITE code ~s land use from the Institute of Transportation Engineers, Trip
Generation.
66
EXHIBIT "A"
Page 5 of 5
SCHEDULE OF TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
4. ITE codes identified with an asterisks (*) includes information derived from the
Institute of Transportation Engineers (ITE) manual (e.g. the pass-by factor is
derived from pass-by counts for a similar land use or are estimated by traffic
engineers).
5. Peak-Hour Trips identified with a plus (+) have been reduced by a factor to
account for pass-by trips and diverted linked trips.
6. For ITE codes not listed in the schedules above the Transportation SDC and
Transportation IDC, if applicable, will be calculated in accordance with the March
2008 Transportation System Development Charge Study.
7. For those land uses that are not specifically identified by an ITE code the Public
Works Director or designee shall use the land use category that is most similar in
respect to trip generation.
8. PH-T is peak-hour trips, weekday; peak-hour of adjacent street traffic. Most often,
this represents one hour between 4 p.m. and 6 p.m.
9. Land Use Unit Abbreviations:
KSF = 1,000 gross square feet building area
DU = dwelling unit
Room = number of rooms for rent
Fueling Position = maximum number of vehicles that can be serviced
simultaneously
Student = number of full-time equivalent students enrolled
Wash Stall = maximum number of vehicles that can be washed simultaneously
Hole = number of individual putting holes that are paired with driving tees
Acre = 43,560 square feet of park space
Lane = number of bowling lanes
Member = number of active members
67
-! '~ 4 ~~IK ..~~
~~~~r~ Ni~ ~ ~~
~ ~
~rY.Wfp.=.~z..r ~~r.,~v
MQy 27. 2oc}$
TQ: Hc~ncarc~ble Mayar and City C4uncil thrc~ugh ~ity At~ministrafior
FRQN1: Jirr~ Alien, Community Development Director
SUBJE~T: ~o~nmunliy Developm~nt Qirect~r's Apprarrc~l of Partition 2t1Q8-43
on~ EXCP 2dQ8•04, Locc~ted at 122Q Pttrk Avenue,
T+~~ ~.ot OS1 Wt18CQ032Q0.
REG4MMENDl4~'I~,?N:
,
Nc~ action is ~ecommend~d. This item is placed befr~re the Gaunci{ far
infQrmQtion purposes in compliance ruith the Vt~aQdburn Dev~ic~prt~ent
CJrdinance, Th~ Couneil may cal! up this item far rev~ew if if desires.
BACK~RC~UN~!•
Tt~e appiican~, John ~rigorieff, requested a Type EI Pc~rtitisar~ to divie#e c~ne lof ir~#c~
three parcels. 'The applicant also requested a Type II ExeeptiQn to Street Right-
of-Way and Irr~prQvements fQr Park Avenue. Tk~e ~omr~nunity D~velopm~nt
Director approWed both applications s-~bjeet to epnditions. TI1E? CI~GISIO(1 C~tC~ t~fl~
~equire specific public street improvements at this time buf did require the owner
to si~n a non-~ernonstrance doeument far partieipati~n in fu~ure street
improvement~.
DISCUSSI~N:
None.
FINANCtA~ IMF~-CT:
This decisian i~ anticipated to hav~ no pubfic sector financial impact..
~~.c~encto ltem Review: City Adminis
Gity Attorney
12A
68