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ITYALL OUNCIL HAMBERSONTGOMERY TREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. City Hall and the Library will be closed Monday, January 18 for
th
Martin Luther King, Jr. Day. The Aquatic Center will be opened
during normal business hours.
Appointments:
B. Park Board Appointments
1
C.Library Board Appointments
2
D. Budget Committee Appointment
3
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None
Presentations:
A. OACP medals to Mary Tennant and Scott Russell
B.Woodburn Police Department Recognition
C. Ray Herrera/Viesko Quality Concrete
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
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January 11, 2010 Council AgendaPage i
6. COMMUNICATIONS
None.
–
This allows the public to introduce items
7. BUSINESS FROM THE PUBLIC
for Council consideration not already scheduled on the agenda.
– Items listed on the consent agenda are considered
8. CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of December 14, 2009 4
Recommended Action: Approve the minutes.
B. Woodburn City Council Executive Session minutes of December 9
14, 2009
Recommended Action: Approve the minutes.
C.Woodburn Planning Commission minutes of October 22, 2009 10
Recommended Action: Approve the minutes.
D.Woodburn Planning Commission minutes of November 5, 200916
Recommended Action: Approve the minutes.
E.Woodburn Planning Commission minutes of November 19, 200919
Recommended Action: Approve the minutes.
F.Crime Statistics through November 2009 22
Recommended Action: Accept the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A.Type V Legislative Amendment – Downtown Development Plan 32
Update (LA 2009-01)
B.Type V Legislative Amendment – LA 2009-02, allowing signs in 244
the public right-of-way in the Retirement Community Single-
Family Residential (R1S) Zone
C.Final Assessment Hearing – Ironwood Street Tree Replacement
January 11, 2010 Council AgendaPage ii
and sidewalk repair Local Improvement District
– Members of the public wishing to comment on items of
11. GENERAL BUSINESS
general business must complete and submit a speaker’s card to the City
Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No. 2807 – An Ordinance levying assessments for 256
the Ironwood neighborhood local improvement district to
replace street trees and repair sidewalks
Recommended Action: Adopt the Ordinance.
B.Council Bill No. 2808 – A Resolution to amend the Clean Water 263
State Revolving Fund Loan Agreement No. R98414 with the State
of Oregon and Authorizing the City Administrator to sign such
Agreement
Recommended Action: Adopt the Resolution.
C.Liquor License Change of Ownership Full On-premise Sales 269
Recommended Action: The Woodburn City Council
recommends that the OLCC approve a Change of Ownership
application for The End Zone.
–
These
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
None
13. CITY ADMINISTRATOR’S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
January 11, 2010 Council AgendaPage iii
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January 1 1, 2010
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Park Board Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, January 11, 2010. No reply is required if you approve of my decision.
PARK BOARD COMMITTEE
Reappointments
o Joseph Nicoletti for a term to expire December 2013
o Rosetta Wangerin for a term to expire December 2013
New appointments
o Bruce Thomas for a term to expire December 2013
o Zandi Cox for a term to expire December 2010
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January 11, 2010
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT:
Park Board Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, January 11, 2010. No reply is required if you approve of my decision.
PBC
ARKOARDOMMITTEE
Reappointments
Joseph Nicoletti
o
Rosetta Wangerin
o
New appointments
Bruce Thomas
o
Zandi Cox
o
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January 1 1, 2010
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Library Board Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, January 11, 2010. No reply is required if you approve of my decision.
LIBRARY BOARD COMMITTEE
Reappointments
o Willis Grafe for a term to expire December 2013
o Nancy Kirksey for a term to expire December 2013
New appointments
o Kristen Berkey for a term to expire December 2010
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January 11, 2010
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT:
Library Board Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, January 11, 2010. No reply is required if you approve of my decision.
LBC
IBRARYOARDOMMITTEE
Reappointments
Willis Grafe
o
Nancy Kirksey
o
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January 11, 2010
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT:
Budget Committee Appointment
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, January 11, 2010. No reply is required if you approve of my decision.
BC
UDGETOMMITTEE
Reappointments
Eric Swenson
o
Don Judson
o
COUNCIL MEETING MINUTES
December 14, 2009
TAPE
READING
DATE: COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
0001
COUNTY OF MARION, STATE OF OREGON, DECEMBER 14, 2009.
CONVENED:
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL:
0028
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief
Russell, Public Works Director Brown, Community Services Director Row, Economic &
Community Development Director Hendryx, Recreation Services Manager Spence,
Police Captain Blevins, Police Captain Alexander, Finance Director Palacios, City
Recorder Tennant (retired), City Recorder Shearer.
ANNOUNCEMENTS:
0080
th
A)
The City Council will consider canceling the December 28 Council Meeting due to
the Holiday schedule.
B)
Holiday Closures:
th
Christmas: City Offices and the Library will close at noon on December 24 and will
th
be closed on December 25. The Aquatic Center will be closed for maintenance
December 21-25.
New Year: City Offices and the Library will be closed on January 1. The Aquatic
Center will be open on December 31 until 3:30 p.m. and closed on January 1.
PROCLAMATIONS:
0130
th
A)
Mayor Figley read a proclamation declaring December 15 as Charlie Blevins day in
recognition of his dedicated service to the City. (Attachment 1)
th
B)
Mayor Figley read a proclamation declaring December 30 as Mary Tennant day in
recognition of her dedicated service to the City. (Attachment 2)
Page 1 - Council Meeting Minutes, December 14, 2009
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COUNCIL MEETING MINUTES
December 14, 2009
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READING
PRESENTATIONS:
0645
Recreation Services Manager Spence introduced Pedro Hernandez and Dulce Chavez
who are members of the Youth Advisory Board and gave a presentation on their activities
and accomplishments over the last year.
COMMITTEE REPORTS:
1185
A)
Chamber of Commerce – Don Judson, Executive Director of Chamber of Commerce
gave a report of chamber activities and events.
B)
Woodburn School District – No report presented.
BUSINESS FROM THE PUBLIC:
1405
A)
Richard Jennings, Filbert St. Woodburn. Mr. Jennings wished to publicly thank
Charlie Blevins and Mary Tennant for their service to the City.
B)
Jim Audritsh, Butteville Rd. Woodburn. Mr. Audritsh brought photos of a property
on Route 214 east of Settlemier that he feels is an eyesore to Council’s attention.
CONSENT AGENDA:
1845
A)
approve the Council minutes of November 23, 2009; and
B)
accept the Community Services Department statistics for October 2009.
MCCALLUM/PUGH
…adopt the Consent Agenda as presented. The motion passed
unanimously.
COUNCIL BILL NO. 2805 – AN ORDINANCE AMENDING ORDINANCE 2415
1900
(THE BUILDING CODE ORDINANCE) TO CONFORM TO SENATE BILL 915,
SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
Councilor McCallum introduced Council Bill No. 2805. Recorder Shearer read the two
readings of the bill by title only since there were no objections from the Council.
City Attorney Shields clarified that this bill simply aligns the City’s ordinance with State
statutory requirements. He further stated that the Emergency clause was necessary to
ensure an effective date of January 1, 2010.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2805 duly passed.
COUNCIL BILL NO. 2806 – A RESOLUTION AUTHORIZING THE PUBLIC
2110
WORKS DEPARTMENT TO EXPEND FUNDS FOR PRIMARY AND
SECONDARY DISINFECTION OF THE WATER SUPPLY SYSTEM IN
ACCORDANCE WITH BEST PRACTICES AND FEDERAL AND STATE
REGULATOR GUIDELINES.
Page 2 - Council Meeting Minutes, December 14, 2009
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COUNCIL MEETING MINUTES
December 14, 2009
TAPE
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Councilor McCallum introduced Council Bill No. 2806. Recorder Shearer read the bill
by title only since there were no objections from the Council.
Councilor Cox stated his intention to vote for this resolution despite doubts about the
science involved and the certainty of this action solving water issues.
Mayor Figley offered Richard Jennings of Filbert St, Woodburn the opportunity to speak
on this resolution. Mr. Jennings spoke in favor of passage of this resolution and stated
that Public Works Director Brown’s thorough research of the issue convinced him that
this is the best way to go. He further spoke in favor of public input on this topic.
Councilor Pugh agreed that Public Works Director Brown has made a good case for this
action and asserted that this is a decision that should be made with the involvement of the
citizens of the City.
City Administrator Derickson emphasized for Council and the record that this resolution
represents a shift in policy from non-disinfection of the water supply to a policy of
primary and secondary disinfection. Passage of the resolution will result expenditure of
funds for development of a design package and public information process to support a
decision package for Council. Costs for these activities should total $60,000-$70,000.
Councilor Morris asked for clarification regarding the total project cost and City
Administrator Derickson stated that the project, after design and approval by Council is
estimated to cost $750,000. Councilor Pugh asked if the design could be completed after
the public outreach efforts were completed. City Administrator Derickson replied that in
order to provide complete and specific information about what is being proposed to the
public during the outreach process a certain portion of the design needs to be completed.
Councilor Cox questioned whether the bulk of the $60,000-$70,000 was for engineering
services, not public relations services. City Administrator Derickson stated that the staff
th
will perform community outreach, comparable to the 5 Street project, and that
contractors would be utilized for technical support. Public Works Director Brown stated
that he believes it is very important to go to the public with a specific plan so that they
could have a meaningful dialogue about the specifics of the solution proposed. Councilor
Pugh stated that he prefers to have the voters of Woodburn decide this issue but is aware
of the drawbacks an election may have and also stated that while he supports this
resolution he reserves the right to vote against disinfection when the issue comes before
Council again. Public Works Director Brown stated that there are other decision points
along the path that Council will be able to decide on. Councilor McCallum supports the
staff proposal and requested clarification that there are not any rate increases associated
with this proposal and Public Works Director Brown agreed that is correct. Councilor
Schmidt thanked staff for their efforts on this proposal and supports the resolution.
Councilor Morris expressed concern that the public doesn’t require the specific
information that the pre-design efforts would produce and questioned whether the
expenditure of funds was necessary. Councilor McCallum pointed out that the pre-
design work would have to be expended in any case if disinfection were pursued, so the
Page 3 - Council Meeting Minutes, December 14, 2009
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COUNCIL MEETING MINUTES
December 14, 2009
TAPE
READING
expenditure of funds is prudent. Public Works Director Brown confirmed that any
disinfection project would require this pre-design work to be completed. Council
Schmidt expressed that he believes it is a matter of time before disinfection is required
and believes it will be more cost effective to pursue it now than to be forced to do it later.
Mayor Figley stated her belief that clean safe water is a core function of a City and
supports this resolution.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill No. 2806 duly passed.
PROFESSIONAL SERVICES CONTRACT AWARD TO CH2M HILL FOR
4420
CONSULTING ON WASTEWATER SYSTEM IMPROVEMENTS:
COX/LONERGAN... That the City Council, acting in its capacity as the City Contract
Review Board, authorize the City Administrator to enter into a Professional Services
Contract with CH2M Hill to provide design services for pre-design, final design and
construction services for Wastewater Pumping, Treatment Facility Upgrades and Natural
Treatment System Improvements. The motion passed unanimously.
CANCELLATION OF DECEMBER 28, 2009 MEETING:
4540
MORRIS/MCCALLUM... cancel the December 28, 2009 regular meeting. The motion
passed unanimously.
CITY ADMINISTRATOR’S REPORT:
4600
A) None
MAYOR AND COUNCIL REPORTS:
4610
Councilor Pugh state his pleasure in working with this Council over the past year.
Councilor McCallum reported that Woodburn Proud should be proud of the event on
th
Saturday, December 13 and thanked Charlie Blevins and Mary Tennant again for their
service. Councilors Schmidt and Cox added their thanks to Charlie and Mary. Councilor
Morris and Mayor Figley wished everyone a happy holiday season.
EXECUTIVE SESSION:
4950
Mayor Figley entertained a motion to adjourn into executive session under the authority
of ORS 192.660(2)(h) and ORS 192.660 (2)(f).
COX/LONERGAN…adjourn to executive session under the statutory authority cited by
the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:20 pm and reconvened at 8:45 pm.
Page 4 - Council Meeting Minutes, December 14, 2009
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COUNCIL MEETING MINUTES
December 14, 2009
TAPE
READING
4980 Mayor Figley stated that no action was taken by the Council while in executive session.
COX/PUGH…motion to direct staff to communicate with appropriate parties connected
with the Woodburn Latin American Club concerning the substantial balance owning from
last years fiesta and attempt to negotiate payment or satisfactory resolution. If the matter
st
cannot be resolved by February 1, the City Attorney is authorized to take appropriate
legal action. The motion passed unanimously.
ADJOURNMENT:
5080
....
MCCALLUM/PUGH meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:50 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Christina Shearer, Recorder
City of Woodburn, Oregon
Page 5 - Council Meeting Minutes, December 14, 2009
è
Executive Session
COUNCIL MEETING MINUTES
December 14, 2009
DATE.
CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, December 14, 2009.
CONVENED.
The Council met in executive session at 8:20 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, City Recorder Shearer; City
Recorder Tennant (retired), Community Services Director Row.
Media Present: Rachel Cavanaugh, Woodburn Independent.
Mayor Figley also reminded the Councilors and staff that information discussed in executive
session is not to be discussed with the public.
The executive session was called to consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS
192.660(2)(h) and to consider records that are exempt by law from public inspection pursuant to
ORS 192.660(2)(f).
ADJOURNMENT.
The executive session adjourned at 8:40 p.m..
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Christina Shearer, Recorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes, December 14, 2009
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WOODBURN PLANNING COMMISSION MEETING MINUTES
October 22, 2009
CONVENEDThe Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairperson Bandelow presiding.
Chairperson Bandelow announced that the agenda is available at the back of the room. There
are no hearing items on the agenda. After a few routine business matters we will be conducting
a workshop on the Downtown Plan. No public testimony will be taken.
ROLL CALL
Chairperson Bandelow P
Vice Chairperson Vancil A
Commissioner GrosJacques P
Commissioner Grigorieff P
Commissioner Hutchison P
Commissioner Jennings P
Commissioner Kenagy P
Staff Present: Jim Hendryx – Economic & Development Services Director
Jon Stuart –Assistant City Attorney
Natalie Labossiere - Senior Planner
Nadia Seledkov – Administrative Assistant
Commissioner Jennings led the salute to the flag.
Chairperson Bandelow announced that Vice Chairperson Vancil has resigned due to other
commitments which require more of his time.
MINUTES
A. Woodburn Planning Commission Meeting Minutes of September 10, 2009 and
Woodburn Planning Commission Meeting Minutes of September 24, 2009.
Commissioner Jennings moved to accept the minutes. Commissioner
GrosJacques seconded the motion, which carried unanimously.
BUSINESS FROM THE AUDIENCE
There was none.
Chairperson Bandelow made a procedural change to the order of items on the agenda. Next
item to review became the Planning Reports.
REPORTS
Jennings questioned why Norcom would be on the Planning Activity Report as applying for a
business license since they are considered to be a quasi-government entity.
Economic & Development Services Director Hendryx responded that it was a location change;
they needed more room.
Planning Commission Meeting October 22, 2009 Page 1 of 6
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There was general discussion among the commission about taxis in the city. There was a
concern that there currently is a growing number of taxi services and if regulations to keep track
of them were available for the public benefit.
Assistant City Attorney Stuart stated that the subject of regulating taxi services would be
discussed in the next City Council meeting; currently there is no regulation.
Hutchison asked about the status of Walgreens.
Hendryx stated that there was no change or progress since approval was given.
DISCUSSION ITEMS
A. Staff Presentation of Economic Development Focus Group - Appointment of Position
Hendryx stated that City Council has a goal of putting together an economic
development plan with the community and the Chamber of Commerce. To accomplish
this we contracted with the Mid-Willamette Valley Council of Governments to help lead
us in an effort to develop an economic development plan. Timeline for the group would
th
be from 6-9 months, and November 10, 3pm would be the first meeting. Anticipated
commitment would be for about 2 hours per meeting, and meetings should occur once a
month. It would be beneficial to have a commissioner to have in the group so that they
could share with the Commission any new items.
Commissioner GrosJacques agreed to be appointed to the position.
B. Minutes Format
Hendryx questioned if there was a particular way the Commission wanted the minutes to
be formatted. One item for clarification was using titles such as Chairperson Bandelow
over and over instead of using the entire title once, and then just a last name after that.
Was there a historical basis for repeating the entire title or could this be changed?
Commissioner Grigorieff stated that whatever would be easier should be done.
Bandelow agreed that as long as it was understandable, the easiest format should be
used.
C. Downtown Development Plan Update (LA 2009-01) Workshop
Hendryx began his report on the Downtown Development Plan Update (DDPU). The
background for this workshop is that the City Council has remanded the report back to
the Planning Commission with a motion for more attention to the land-use aspect of the
proposed plan; with project guidelines and a target date to be kept in mind. The DDPU
has land use components and development concepts; and it establishes an intent and
purpose statement which are currently absent in the CG and DDC zones.
Hendryx continued, focusing on the land-use elements regarding the CG zone (across
the railroad tracks), where the DDPU establishes an overlay district, also known as a
Gateway sub-district. It would allow housing, management and corporate offices. The
residential component would allow multi-family, duplex, and single family attached
dwellings, with a maximum density of 12-32 dwellings units per acre. It also sets limits
Planning Commission Meeting October 22, 2009 Page 2 of 6
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on building height of 50 feet or four stories. It removes incompatible light industrial and
manufacturing uses, outdoor storage lots, and long-term parking such as bus facilities
and RV lots.
Hendryx continued, focusing on the land-use elements regarding the DDC zone (from
nd
Front Street to 2 Street). The DDPU would allow housing, management and corporate
offices in the DDC zone. The residential component would allow multi-family and single-
family attached dwellings with a maximum density of 12-16 dwelling units per acre. It
also would set limits on building height of 40 feet or three stories. The DDPU would also
establish architectural design standards and guidelines.
Hendryx continued, focusing on the land-use elements regarding transportation
improvement changes in the DDPU. This would include formal street design standards
in the Transportation System Plan. Young Street cross-sections would be changing, and
changes in selected blocks in the DDC district would allow for one-way travel and angled
parking.
Hendryx continued, regarding comprehensive plan amendments. There would be map
amendments to establish the Gateway Sub-district, and text amendments to allow for
additional goals and policies to support the implementation of the Woodburn Downtown
Plan.
Hendryx continued, regarding non-land-use elements; going over opportunity sites.
st
Those would include a 1 Street mixed-use concept, a Gateway District concept, an
assembly hall, and a city-owned block.
Hendryx continued with non-land-use elements; going over a Strategic Business
Development Plan. This would include business opportunities, marketing and
promotions, transportation and parking, and catalyst projects.
Hendryx summarized the report with the three elements to changing the 1998 Plan
toward the 2009 Downtown Development Plan Update. The first element would include
the Planning Commission’s decision on the Comprehensive Plan, the Woodburn
Development Ordinance, and the Transportation System Plan. The second element
would be the City Council’s review of the whole document: the Comprehensive Plan,
Development Ordinance, Strategic Business Plan, and Implementation Plan. The final
element to change would be that the Urban Renewal Agency (City Council) which would
work on a strategic business plan and implementation plan along with the downtown
business community and Chamber of Commerce members.
Hendryx invited input on the Planning Commission’s concerns for the 2009 DDPU.
There were land use comments submitted by three commissioners and these have been
noted to further discussions in this workshop.
Hendryx reviewed the comments on the issue of the Overlay District’s non-conforming
uses, and invited additional comments from the commissioners.
Hutchison was concerned that current businesses would not be able to sell their
businesses because of the proposed changes.
There was general discussion among the commissioners about the implications of the
changes proposed in the Overlay District as it relates to current uses.
Planning Commission Meeting October 22, 2009 Page 3 of 6
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There was discussion that there are several types of uses allowed of which no
businesses exist: such as towing storage, charter bus depot, RV parking, and storage
facilities. Should those uses be removed from the Overlay District? There was general
consensus that the uses that aren’t utilized should be removed, and that the current
uses that do exist should be protected and not made non-conforming.
Senior Planner Labossiere recommended that the Commissioners evaluate the density
issue of the Overlay District.
There was general discussion about the density issue in the Overlay District of a
proposed minimum of 12 dwelling units per acre and maximum 16 dwelling units per
acre. There was general agreement that it was an acceptable change.
Hendryx invited comments on the transportation issue as it relates to one-way streets.
There was general discussion about the one-way streets as an option. It was generally
agreed that, although it was the consensus that one-way streets weren’t wanted
currently, it was beneficial to allow the template to be available for future use if wanted
as an option. It would require a separate action to implement one-way streets.
Hendryx invited comments on the transportation issue as it relates to the Young Street
Corridor.
There was general discussion about parking on Young Street and the consensus was to
not allow parking on the street and remove it as an option. Commission members did
not support including amendments to the TSP related to Young Street.
Hendryx invited comments on the design standards.
There was general discussion about the design standards being strict enough and
enforceable, and it was generally agreed that they were.
Hendryx invited comments on the building height limits to be proposed in the DDPU.
There was general discussion about the building height limits to be proposed in the DDC
zone and it was generally agreed to implement a “stair-stepped” height limit; transitioning
from 35 feet in the residential, to a maximum height limit of 70 feet at Front Street.
Hendryx invited comments on any other land-use related issues.
Hutchison questioned whether there were changes proposed for murals.
Hendryx responded that there wasn’t any proposed changes as murals are considered
to be signs.
Hendryx invited additional comments on non-land-use issues, starting with the Strategic
Business Development Action Plan.
Jennings commented that when the proposed improvements to Front Street are
completed, the other streets will start to look inadequate. There was general discussion
of the Urban Renewal Program and future street improvements. Another comment was
Planning Commission Meeting October 22, 2009 Page 4 of 6
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that there should be less emphasis on adding housing to the downtown and more on
promotion of businesses.
Bandelow commented that housing is not currently allowed in the CG and DDC zones
and that the emphasis on housing recognizes this point.
Hendryx invited comments about concept plans.
There was general discussion that clarification of intent would be advantageous.
Hendryx invited comments about railroad crossings.
There was general discussion about rail crossings and it was agreed to eliminate text.
Hendryx invited comments about the Historical Overlay District.
There was general discussion and agreement that there should be text to include the
contributions that the Historic Neighborhood provides to the downtown.
Hendryx invited comments over other concerns that the Commission had.
There was general discussion over the timeline for the DDPU to be completely reviewed
by the Commission, and it was agreed that it should be thoroughly reviewed in a timely
manner.
There was some discussion about height restriction and it was agreed that the stair-step
approach makes sense.
There was some discussion about housing in the DDC; and it was agreed that nodal
housing, such as townhouses, was an acceptable form of additional housing.
There was some discussion to include some recognition of the neighborhood that is west
of the DDC zone, so that there is more flow and vitality to the downtown.
There was some discussion about murals; if there was a design standard, or was it
regulated as art?
Assistant City Attorney Stuart stated that murals are signs, and it’s a complex issue.
The Sign Focus Group will be discussing them. The tendency for murals is for
governments to own them so that content could be controlled.
There was some discussion of code enforcement of upkeep of buildings; the majority of
the buildings in downtown are owned by Woodburn residents.
Stuart noted that derelict buildings are difficult to police.
Hendryx stated that because of the vision of the 1998 Downtown Development Plan, the
urban renewal aspect of the vision was adopted in 2002. Without a plan, additional
improvements would not be accomplished.
Hendryx invited direction from the commission regarding how to proceed forward. As
the hearing process was stopped, the notification aspect of the hearing needs to redone.
Planning Commission Meeting October 22, 2009 Page 5 of 6
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The Commission’s agreement of the Downtown Development Plan Update, with all
recommendations suggested and agreed to, would be included in the text.
There was discussion about the process and there were recommendations that there be
draft revisions for the commission to review at the next workshop meeting. Additionally,
the Commission requested that all the neighborhood associations in the area should be
invited to attend the next hearing. There was general discussion that the 99E TGM
grant was tied to the completion of the DDPU; with late December 2009 being the latest
date of adoption of the DDPU for an extension to be granted for the 99E grant.
Bandelow questioned why City Council remanded the hearing item without any input.
Assistant City Attorney Stuart stated that City Council remanded the hearing item back
for more land-use deliberation by the Commission; and for more recommendations to
ascertain the vision of the Commission.
There was general discussion by the Commission about when to hold the next workshop
th
and it was agreed to be held on November 5.
BUSINESS FROM THE COMMISSION
There was none.
ADJOURNMENT
Chairperson Bandelow moved to adjourn the meeting, Commissioner Grigorieff
seconded the motion, which carried unanimously. Meeting adjourned at 9:40 PM.
APPROVED
Ellen Bandelow, ChairpersonDate
ATTEST
Jim Hendryx,Date
Economic & Development Services Director
City of Woodburn, Oregon
Planning Commission Meeting October 22, 2009 Page 6 of 6
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WOODBURN PLANNING COMMISSION WORKSHOP SESSION MINUTES
November 5, 2009
CONVENED The Planning Commission met in a special workshop session at 7:00 p.m. in City Hall
Council Chambers Room for the purpose of reviewing the Downtown Development Plan Update (LA
2009-01).
ROLL CALL
Chairperson Bandelow P
Commissioner GrosJacques P
Commissioner Grigorieff P
Commissioner Hutchison P
Commissioner Jennings P
Commissioner Kenagy P
Staff Present: Kathy Figley- Mayor of Woodburn
Jim Hendryx- Economic & Development Services Director
Jon Stuart- Assistant City Attorney
Nadia Seledkov- Administrative Assistant
Woodburn Downtown Development Plan Update;
Economic & Development Services Director Hendryx recapped the Planning Commission’s comments
from the previous Commission meeting of October 22, 2009. Staff invited comment from the commission.
Commissioner Jennings commented that the proposed CG overlay zone change was a positive direction
to take as it would allow more expansion for Chemeketa Community College for its campus.
Chairperson Bandelow commented that the downtown area needs to be vitalized to become a more
productive and active area; housing being one of the components to vitalization.
There was general discussion that the historic nature of the buildings west of the railroad in the DDC zone
should be preserved and that housing above stores makes sense, but there would need to be extensive
updating needed to be habitable. There was agreement that tearing down historic buildings wasn’t
preferred, but there was concern for the overall cost of rehabilitation of the buildings.
Hendryx began the staff report. Multi-family building design standards were brought up as there were
going to be changes to both the DDC and CG overlay zones; specifically the height limits.
nd
Jennings questioned where the DDC zone boundary ended, as there was concern if both sides of 2
Street would be in the same zone.
nd
Hendryx replied that the DDC zone, ends at 2 Street; where one side of the street was in the DDC zone,
and the other was in either an RS or CO zone. The zoning boundaries have been established for some
time, and it would require additional action to change, as they were established that way for a reason.
There was discussion on appropriate business uses for particular zones in the downtown area, and what
sort of incentives could be provided for businesses to move to a more appropriate zoned area, or selling to
developers. Then there was discussion on height standards and overall building design standards. There
was discussion on urban design requirements for housing in the CG overlay area; because of the limited
space in the area, if it was a choice of either balconies or green-spaces, the appropriate choice would
have to be balconies.
1
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Hendryx continued with a recap of allowable building height limits for the CG overlay zone; adjacent to the
residentially zoned areas, the height limit would be 40 feet, and the area west toward of the railroad would
be 70 feet with conditional use to exceed that height.
There was discussion by the Commissioners, and agreement that those choices for height limits in the CG
overlay zone were appropriate for the area; as student housing for example, would require three to four
story buildings, and a more relaxed view on conditional use for the area would be appropriate. There was
discussion on height limits for the DDC zone and it was agreed that west of the railroad a 60 foot limit
would be appropriate, then stair-stepping the next group of buildings westward down to 40 feet and finally
reaching to 35 feet in the residential zone. It was agreed that the DDC zone should be more restrictive on
conditional use exceptions set on height limits, not exceeding the parameters set.
Hendryx continued with a recap of the Commission’s comments on business uses in the CG overlay zone;
it would allow for residential housing and corporate offices to exist, and the existing businesses to be
considered conforming. Uses currently prohibited, and should be, are: agricultural practices, limousine
services, school transportation, charter bus services, special needs transportation, motor vehicle towing,
self & min storage, recreational vehicle parks.
There was discussion and agreement among the Commissioners that there were other uses that should
be prohibited such as: money wire-services, liquor stores, pawn shops, and dancehalls; as those type of
uses appeal to transient capacity populations.
Hendryx said that currently housing is prohibited in the DDC zone, and housing was never allowed in the
CG zone. The proposal, in the DDPU, is to allow 12-16 units per acre in the DDC zone, and 12-32 units
per acre in the CG overlay zone.
The commissioners discussed the proposed density limits, and agreed that they sounded appropriate.
Mayor Figley requested that the commissioners deliberate further on the Plan, so that all aspects of it are
thoroughly explored so that at the public hearing there would be less need for revisions going forward.
There would be some need for stronger architectural standards to be discussed.
The commissioners agreed that there was a need for further deliberation of the DDPU, but there was
some concern over placing too much restriction on architectural standards as it may restrict opportunities.
It was agreed that sidewalks needed to be repaired in the DDC zone. There was some discussion about
murals; it was agreed that as it was a problematic item, it shouldn’t be included in the DDPU. The Sign
Focus Group can work on this initiative. Outdoor displays were considered and rejected as an option.
Outdoor vendors in the DDC zone were discussed, and there was agreement that this was a subject to be
clarified for size and types allowed. Sidewalk carts were considered, but there was some concern on how
that would get regulated or enforced.
There were questions by the Commissioners on how it would be possible for Amtrak to place Woodburn
on one of its approved stops. Oregon City is currently one of the stops, and there was some interest in
what the process would be to have Woodburn added.
Hendryx announced that Natalie Labossiere, senior planner, has resigned. He announced that the Sign
th
Focus Group would be doing a sign tour on November 12, and the WDO Focus Group was meeting on
rdth
December 3. The next Planning Commission workshop meeting would be planned for November 19.
Commissioner Jennings made a motion to close the work session, Commissioner Hutchison seconded,
and the work session concluded at approximately 10 PM.
2
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APPROVED
Ellen Bandelow, CHAIRPERSON Date
ATTEST
Jim Hendryx, Date
Economic & Development Services Director
City of Woodburn, Oregon
3
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WOODBURN PLANNING COMMISSION WORKSHOP SESSION MINUTES
November 19, 2009
CONVENED The Planning Commission met in a special workshop session at 7:00 p.m. in City Hall
Council Chambers Room for the purpose of reviewing the Downtown Development Plan Update (LA
2009-01).
Commissioner Jennings led the salute to the flag.
ROLL CALL
Chairperson Bandelow P
Commissioner GrosJacques NP (Not Able to Attend)
Commissioner Grigorieff P
Commissioner Hutchison P
Commissioner Jennings P
Commissioner Kenagy P
Staff Present: Jim Hendryx- Economic & Development Services Director
Jon Stuart- Assistant City Attorney
Nadia Seledkov- Administrative Assistant
Woodburn Downtown Development Plan Update (DDPU):
Economic & Development Services Director Hendryx recapped the Planning Commission’s timelines for
the DDPU progression; there were workshop meetings on October 22 and November 5, 2009. There was
a tentative schedule for the Planning Commission Hearing to be on December 10, 2009, dependant on
how the workshop went today, and then going forward to City Council on January 11, 2010. If there was
agreement by the commission at the conclusion of this workshop that the DDPU was deliberated
thoroughly and resolved sufficiently, then the process could go forward to a hearing. Staff invited
comment from the commission.
There was general consensus from the Commission that they would work toward coming to agreement, if
possible, in the proposed timeframe.
Hendryx began the Executive summary of the DDPU which includes the following:
1. Revised text that clarifies intent of DDPU (pg 1).
2. Recognizes historic Settlemier Neighborhood.
3. Summarizes changes in Comprehensive Plan, WDO, TSP (pg 1).
4. Establishes role for Urban Renewal-Strategic Business Plan (pg 1).
5. Clarifies relationship between 1998 DDP & 2009 DDPU (pg 1).
6. Clarifies intent of Development Studies as possible future development scenarios (pgs 1 & 2).
7. Revised map reflects historic Settlemier Neighborhood (pg 5).
Hendryx continued with his report on changes to the Introduction of the DDPU:
1. Sub-area boundary corrected for Old Town and historic Settlemier Neighborhood (pg 6).
2. Text recognizes historic Settlemier Neighborhood (pg 6).
3. Clarifies intent of Development Studies (pg 8).
4. Young Street description – (pg 9).
further refinement needed
5. Clarifies role of Housing & Business Development (pg 9).
There was general discussion and agreement by the Commissioners that the entire sentence making
reference to on street parking on Young Street should be deleted from the text.
1
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Hendryx continued with his report on changes to the Development Concepts of the DDPU:
1. It was reformatted to create a separate chapter.
2. Recognizes intent of Development Studies-how properties could develop under proposed zoning (pg 13).
3. Public art- (pgs 16 & 27).
further formatting needed
There was general discussion and agreement by the Commissioners that the last paragraph on murals
should be deleted; as a concept idea, murals are acceptable, but sufficiently complex for later
development.
Hendryx continued with his report on changes to the Transportation System Plan of the DDPU:
1. Reformatted to create a separate chapter.
2. References to specific one-way streets deleted, concept remains for future decision (pg 32 &
figure 7).
3. Illustrations revised to reflect changes (figure 7).
4. Young Street Corridor term eliminated from text and TSP amendments.
5. (pg 32).
Need to remove reference to removing railroad crossings
6. Transportation Improvement Priorities revised reflecting changes (pg 41), (
need to improve
).
references to figures- figure 12 doesn’t exist, and should be deleted
There was general discussion and agreement by the Commissioners that one-way streets should remain
as a concept plan template, without references to where these streets should be, even as an example.
Removal of the railroad crossing closing reference was considered to be very important.
Hendry continued with his report on changes to the Strategic Business Development Plan of the DDPU:
1. It was reformatted to create separate chapter.
2. Clarifies role of Urban Renewal/Chamber of Commerce (pg 45)
3. Clarifies intent of Business/Merchandise Opportunities (page 46)
Hendryx continued with his report on changes to the Housing Strategy portion of the DDPU:
Housing remains important to a successful downtown (pg 59).
Hendryx continued with his report on changes to the Implementation Plan of the DDPU:
1. Clarification of roles and responsibilities (pg 63).
2. Establishment of priority actions (pgs 63 & 64).
3. There will reformatting to create a separate chapter for the implementation plan.
4. Establishment of priority actions- pg 66):
further editing needed to eliminate the conflicting text (
One-way streets, and Young Street.
5. Identifies steps for implementation (pgs 67-69).
Hendryx continued with changes to the Zoning and Comprehensive Plan Updates (Appendix A) of the DDPU:
In the Commercial General (CG) Zone:
1. Purpose statements changed (pg 5).
2. Designation of Downtown Gateway sub-district (pg 5).
3. Provides for housing (multi-family and attached) at 12-32 units per acre (pg 5).
4. Special Trade Contractors allowed-within enclosed building (pg 6).
5. Existing uses no longer non-conforming uses, under proposed language (pg 6).
6. Allow corporate offices in the overlay district (pg 8).
7. Establishes height limits (40-70 ft), allowing CUP to exceed (pgs 3 & 11).
8. Prohibiting uses (pgs 7,8,10 & 11): Agricultural practices, Limousine services, School
transportation, Charter bus services, Special needs transportation, Motor vehicle parks, Check
2
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cashing, Pawn shops, Specific entertainment activities.
There was general discussion and agreement by the Commissioners of the proposed changes in the CG
overlay zone, requesting that clarity of text language would prohibit pawnshops, sporting halls, and adult
entertainment business in this area specifically.
In the Downtown Development and Conservation (DDC) Zone:
1. Purpose statements changed (pg 15).
2. Provides for housing (multi-family and attached) at 12-15 units per acre (pg 15).
3. Allows corporate offices (pg 18).
4. Establishes height limits (40-50ft), allowing CUP to exceed.
Map revision needed for Front St.(pg 21).
5. Establishes design standards to maintain and enhance historic character (pg 21).
6. Establishes additional Architectural Design standards (pgs 22-27).
7.
Editing needed to eliminate conflicting figures in Development Standards and Guidelines for building
height in the DDC (pg 23).
8. Outdoor Display of Merchandise-(pg 26).
standard needs to be deleted
9. (pg 26).
Outside food vendors needs further editing
10. Mural standards eliminated from Woodburn Development Ordinance (WDO) (pg 26).
There was general discussion and agreement by the Commissioners of the proposed changes, with some
concern for design standards having an impact on home occupations which exist within the DDC.
Hendryx continued with the changes to Comprehensive Plan Text Updates (pgs 38 & 39).
Hendryx continued with changes to the Transportation System Plan (TSP) amendments (Appendix B) of
the DDPU:
1. Designated one way streets were eliminated (pg 1).
2. Young Street cross-sections were eliminated (pg 1).
Hendryx continued with changes to the Financial Resources section (Appendix C) of the DDPU:
1. Identifying alternative funding sources. (pgs 1-6).
Jennings stated that he was pleased with the care that staff took in implementing changes and requests
given by property owners, and other affected parties, to protect the vision of a positive community in a
cooperative plan.
There was general discussion and agreement by the Commissioners that the DDPU was sufficiently
th.
deliberated to continue with a hearing on December 10. There was concern that there would be
repetitive testimony, and whether there should be a guideline for time limitation to each speaker. It was
agreed that testimony should be limited to 5 minutes per speaker.
Commissioner Jennings made a motion to close the work session, Commissioner Kenagy seconded, and
the work session concluded at approximately 10 PM.
APPROVED
Ellen Bandelow, CHAIRPERSON DATE
ATTEST
Jim Hendryx, Date
Economic & Development Services Director
City of Woodburn, Oregon
3
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January 11, 2010
TO: Honorable Mayor and City Council
FROM: Jim Hendryx, Economic and Development Services Director
SUBJECT:
Type V Legislative Amendment - Downtown Development Plan
Update (LA 2009-01)
City Council Goals
Redefine City Policies – complete long-range plan; create clear municipal
regulations and codes to create understanding – and eliminate unnecessary
over- regulation.
:
RECOMMENDATION
Conduct a public hearing on the Downtown Development Plan Update (DDPU).
Following the close of the public hearing, the City Council has the following
options:
(1) After considering public testimony and the Planning Commission’s
recommendation, approve the Downtown Development Plan Update, as
amended.
(2)After considering public testimony and the Planning Commission’s
recommendation, further modify and approve the Downtown
Development Plan Update.
(3)After considering public testimony and the Planning Commission’s
recommendation, continue the public hearing to date certain, directing
staff to make further modifications to the Downtown Development Plan
Update.
It is recommended that the City Council approve the Downtown Development
Plan Update, as recommended by the Planning Commission and instruct staff to
prepare an ordinance adopting the Downtown Development Plan, and
prepare findings to substantiate the Council’s decision.
:
BACKGROUND
The City Council adopted a Downtown Development Plan in 1998. The 1998
Downtown Development Plan (1998 DDP) recommended a limited number of
actions to return vibrancy to the downtown area and enhance opportunities for
downtown businesses. The 1998 DDP formed the basis for the establishment of
Agenda Item Review: City Administrator ______ City Attorney ______ Finance _____
íî
Honorable Mayor and City Council
January 11, 2010
Page 2
an urban renewal district (2001) centered on the downtown area. The 1998 DDP
also established design standards for the historic Settlemier neighborhood
through the adoption of the Neighborhood Conservation Overlay District. In
January 2007, the City of Woodburn received a grant from the Oregon
Transportation and Growth Management Program to help fund an update of
the 1998 DDP.
The DDPU includes both land use and non-land use components. Land use
components include recommended changes to the Woodburn Comprehensive
Plan, Woodburn Development Ordinance, and the Woodburn Transportation
System Plan; establishing among other things, the Gateway Overlay District-
immediately east of Front Street, encouraging housing, establishing new height
standards, and restricting some uses from the Gateway area. Non-land use
components of the DDPU include, among other aspects, the strategic business
plan, which recommends specific efforts to be carried out by the Urban
Renewal Agency, Chamber of Commerce, and Downtown Business Association.
The DDPU updates the 1998 DDP and expands it to include more properties
within the Downtown Urban Renewal District, including those along Young
Street.
The Planning Commission has recommended that the land use related
recommendations contained in the Downtown Development Plan Update
(DDPU) be approved by the City Council. These included amendments to the
Woodburn Comprehensive Plan, Woodburn Development Ordinance, and the
Woodburn Transportation Plan. The Commission did not consider the non-land
use related recommendations of the DDPU. The Commission left those decisions
to the City Council and the Urban Renewal Agency (City Council) as ultimately
responsible for its adoption; as well as prioritization of capital expenses called for
in the DDPU.
:
DISCUSSION
As noted above, the city received a grant to update the Downtown
Development Plan in 2007. Working with a Stakeholders Working Group, the
DDPU was completed this past summer. The Planning Commission originally
considered the DDPU at its September 24, 2009 meeting, forwarding a
recommendation that the City Council deny the proposed DDPU and
associated amendments. After consideration by the City Council at its October
12, 2009 meeting, the DDPU was referred back to the Commission for further
consideration.
The Commission conducted three workshop meetings (October 22, November
5, and November 19, 2009), reviewing and discussing the DDPU. Through the
workshop meetings, the DDPU has been revised from its original (June 2009)
íí
Honorable Mayor and City Council
January 11, 2010
Page 3
version to address issues raised by the public at the initial public hearing
(September 24, 2009), to improve overall readability, and better reflect
community needs.
Several people testified at the December 10, 2009 Planning Commission
meeting regarding the proposed height limit. Currently there is no restriction on
height in the DDC zone. The proposed plan calls for a stair-stepping height limit,
transitioning from 40 ft along 3Street to 50 ft on Front Street. In the existing CG
rd
zone, the maximum height of buildings shall not exceed 70 feet. The DDPU
proposes a maximum height of 40 ft to 70 ft in the Gateway sub-district; again,
transitioning from residentially zoned properties to the railroad tracks. Council
could consider establishing lower height limits while allowing the Conditional Use
Process to exceed the outright limit. This would address neighborhood concerns
while providing flexibility for development.
Council is requested to adopt the DDPU; amending the Woodburn
Comprehensive Plan, Transportation System Plan, and the Woodburn
Development Ordinance. Subsequent action will be necessary by the City
Council and the Urban Renewal Agency (City Council) to implement the non-
land use components of the Downtown Development Plan Update.This
includes moving forward with the strategic business plan, which recommends
specific efforts to be carried out by the Urban Renewal Agency, Chamber of
Commerce, and Downtown Business Association.
:
FINANCIAL IMPACT
There are not direct financial impacts associated with the text amendments (LA
2009-01) called for in the DDPU. Subsequent action by the City Council and
Urban Renewal Agency, implementing the Strategic Business Plan and
establishing capital improvements would have financial impacts, however those
financial impacts are outside this process and would be assessed separately at
subsequent decision points.
EXHIBITS:
Exhibit A: Planning Commission LA 2009-01Final Order dated 12-10-09
Exhibit B: Planning Commission LA 2009-01 Staff Report dated 12-10-09
(with Attachments A, B, C,D, E and Figures 1, 2, 3, 4)
Exhibit C: Draft Planning Commission Minutes of 12-10-09
Exhibit D: Planning Commission Workshop Minutes of 11-19-09
Exhibit E: Planning Commission Workshop Minutes of 11-05-09
Exhibit F: Planning Commission Workshop Minutes of 10-22-09
Exhibit G: Planning Commission LA 2009-01 Correspondence –HWNA
Exhibit H: Planning Commission LA 2009-01 Correspondence – Mark Wolf
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ß¹»²¼¿ ׬»³
January 11, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
Type V Legislative Amendment - LA 2009-02, allowing signs in the
SUBJECT:
public rights-of-way in the Retirement Community Single-Family
Residential (R1S) zone
CITY COUNCIL GOALS:
Redefine City Policies – complete long-range plan; create clear municipal
regulations and codes to create understanding – and eliminate unnecessary
over- regulation.
RECOMMENDATION:
Conduct a public hearing on Legislative amendment LA 2009-02, allowing signs
in the public rights-of-way in the Retirement Community Single-Family Residential
(R1S) zone. Following the close of the public hearing, the City Council has the
following options:
(1) Concur with the Planning Commission’s recommendation and deny the
proposed amendment.
(2)Recommend approval of the proposed amendment.
(3)Refer the proposed amendment back to the Planning Commission for
further consideration.
BACKGROUND:
On October 26, 2009, the City Council requested that Staff prepare an
amendment to the sign regulations of the Woodburn Development Ordinance
to allow signs to be placed in the public rights-of-way in the Retirement
Community Single-Family Residential (R1S) zone. The Planning Commission
conducted a public hearing on December 17, 2009 and considered the
proposed amendments. The Commission voted unanimously (four members
present) to oppose the amendments and forwarded the matter to the Council
with a recommendation of disapproval.
Agenda Item Review: City Administrator ___X__ City Attorney ___X__ Finance __X__
îìì
Honorable Mayor and City Council
January 11, 2010
Page 2
DISCUSSION:
The Planning Commission conducted a public hearing on Legislative
Amendment LA 2009-02 on December 17, 2009. While there was no testimony
from the public, the Commission deliberated for approximately one hour on the
merits of allowing signs within the public right-of-way, and in particular, allowing
signs only within in the R1S zone. Commissioners noted that the situation in the
R1S zone is not unique and can be found in neighborhoods throughout
Woodburn, where rights-of-way are not fully improved. Furthermore, the
Commission was concerned about the overall appearance of signs within the
right-of-way and enforcement. Because of these factors, the Commission
recommended to deny the proposed amendment.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
EXHIBITS
Exhibit A: Planning Commission LA 2009-02 Final Order dated 12/17/09
Exhibit B: Planning Commission LA 2009-02 Staff Report dated 12/17/09
Exhibit C: Draft Planning Commission Minutes of 12/17/09
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CITY OF WOODBURN, OREGON
PLANNING COMMISSION
STAFF REPORT
December 3, 2009
LEGISLATIVE AMENDMENT 2009-02
APPLICANT:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Application Commenced:
At the direction of the City Council
120-Day Rule Deadline:
Legislative amendments are not subject to the 120-day rule.
Staff contact:
Donald Dolenc, Associate Planner
Recommendation:
Conduct a public hearing to receive public testimony and
recommend adoption of the draft text amendments to the City
Council.
NATURE OF THE APPLICATION:
A legislative amendment to consider text changes to the
Woodburn Development Ordinance. The Woodburn Development Ordinance would be
amended to allow certain signs in the public rights-of-way in the Retirement Community Single-
Family Residential (R1S) zone. The amendment would also increase the height of certain
exempt signage in all residential zones from six feet to seven feet.
RELEVANT APPROVAL CRITERIA:
WDO 4.101.06.E Type V Legislative Decisions
WDO 4.101.09.A.3 Type V Notices
Comprehensive Plan Consistency
ANALYSIS AND FINDINGS OF FACT:
Legislative decisions
Type V decisions involve legislative actions where the City Council enacts or amends the City’s
land use regulations …. The Planning Commission holds an initial public hearing on the
proposal prior to making a recommendation to the City Council. The City Council then holds a
final de novo public hearing and makes the City’s final decision. Public notice is provided for all
Section 4.101.09
public hearings (). The City Council’s decision is the City’s final decision and
is appealable to LUBA within 21 days after it becomes final. [WDO 4.101.06.E]
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Findings: On October 26, 2009, the Woodburn City Council requested that Staff prepare an
amendment to the sign regulations of the Woodburn Development Ordinance to allow signs to be
placed in the public rights-of-way in the Retirement Community Single-Family Residential
(R1S) zone. The Planning Commission is scheduled to conduct a public hearing on December
17, 2009 and consider evidence and testimony regarding the text changes. The City Council will
then hold a final public hearing to consider the recommendation of the Planning Commission and
testimony regarding the identified text amendments.
At least 20 days before an initial evidentiary public hearing at which a Type V decision is to be
considered, the Director shall issue a public notice that conforms to the requirements of this
subsection and any applicable state statute. Notice shall be sent to affected governmental
entities, special districts, providers of urban services, the Oregon Department of Transportation
and any affected recognized neighborhood associations and any party who has requested in
writing such notice. [WDO 4.101.09.A.3]
(a)Published Notice. Type IV and V
The Community Development Director shall publish a notice of a Type IV or V public
hearing as described in this subsection, unless otherwise specified by statute. The notice
shall be published in a newspaper of general circulation within the City at least 7 days prior
to the hearing. Such notice shall consist of:
1.The time, date and location of the public hearing;
2.The address or other easily understood location of the subject property and the City-
assigned planning file number;
3.A summary of the principal features of the application or legislative proposal; and
4.Any other information required by statute for an annexation or other hearing procedure.
[WDO 4.101.09.C]
Findings: A Notice of Proposed Amendment was provided to the Oregon Department of Land
Conservation and Development (DLCD) on November 2, 2009, consistent with the requirements
of Oregon Revised Statutes 197.610, Oregon Administrative Rule 660, Division 18, and WDO
4.101.18.B.1 and 4.101.09.C.
Notification of the legislative amendment was published in the Woodburn Independent
newspaper on November 18, 2009. The notification contained information regarding the time,
date, and location of the pubic hearings, the file number, the staff contact for questions or
submission of testimony, a summary of the proposed text amendments, and information on how
to review or obtain copies of the staff report and proposed amendment.
Notification of the proposed amendment was hand delivered to the Senior Estates Golf and
Country Club (the homeowners association for property in the R1S zone) and was delivered by
email to the Oregon Department of Transportation, the Woodburn Fire District, and the
Woodburn Police Department. The notification contained information regarding the time, date,
and location of the pubic hearings, the file number, the staff contact for questions or submission
of testimony, a summary of the proposed text amendments, and information on how to review or
obtain copies of the staff report and proposed amendment.
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Comprehensive Plan Consistency
The Woodburn Comprehensive Plan is the controlling land use document for the City. The
Woodburn Comprehensive Plan has been found by the Land Conservation & Development
Commission (LCDC) to comply with the 14 applicable “Statewide Planning Goals,” which are,
in effect, state planning requirements that must be met by each city and county in Oregon.
The Woodburn Comprehensive Plan includes goals and policies that provide specific direction in
making “quasi-judicial” land use decisions; i.e., decisions that require judgment in the
application of general policies to specific situations, such as zone changes, annexations,
conditional use permits and major variances. Goals set a general direction and are not intended
to be decision criteria. Policies that are written in mandatory language (e.g., “shall,” “must,”
“will”) are mandatory in character: they must be followed when Woodburn makes a “quasi-
judicial” land use decision. In cases where mandatory policies conflict, the City Council may
balance these policies in making a decision. Policies that are written in permissive language
(e.g., “should,” “may,” “encourage”) indicate the preferred direction of the City, but are not
binding on the Council. [Woodburn Comprehensive Plan, Page 1, summarized]
Finding: The proposed amendment must comply with the mandatory policies, and should comply
with the permissive policies of the Woodburn Comprehensive Plan.
Any comprehensive plan depends on implementation to accomplish the goals and policies
established in the plan. Cities have amassed a battery of ordinances to accomplish this purpose.
Some ordinances have been more successful than others and in time, no doubt, new methods and
techniques will be developed. Implementation should be a continual review of existing
ordinances to ensure that they are accomplishing the purposes for which they were originally
designed. [Woodburn Comprehensive Plan, Page 8]
Finding: The Woodburn Development Ordinance implements the Woodburn Comprehensive
Plan.
The Sign Ordinance implements goals relating to public health, safety and welfare, basically for
transportation safety and aesthetic goals. This type of ordinance should be continued.
[Woodburn Comprehensive Plan, Page 9]
Finding: The sign regulations contained in Section 3.110 of the Woodburn Development
Ordinance promote public safety, welfare, and aesthetics.
Land use ordinances adopted by the City shall be strictly enforced. While the Comprehensive
Plan and zoning ordinances are important phases of the land use planning process, without strict
enforcement of the code, what actually occurs in the City will not have a direct relationship to
the plans and ordinances adopted by the Council. Therefore, strict enforcement must be
practiced by the City to ensure that the policies of the City are actually being implemented.
[Woodburn Comprehensive Plan, Policy A-1, Page 11]
Findings: Consistent and reasonable enforcement of the sign regulations has been identified as a
concern by City residents. Enforcement is currently accomplished through the combined efforts
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of Economic & Development Services staff, Public Works staff, and the Code Enforcement
officers of the Police Department.
It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases of the
land use planning process. Since the city is trying to plan the community in accordance with the
community’s benefit, it is essential that the community be consulted at all stages of the planning
process. [Woodburn Comprehensive Plan, Policy B-1, Page 12]
Findings: The State of Oregon Department of Land Conservation and Development was
provided notification 45 days prior to the Planning Commission hearing, and provides other
potentially interested parties the opportunity to review text amendments from local governments
throughout Oregon. Notification of the proposed amendment was hand delivered to the Senior
Estates Golf and Country Club (the homeowners association for property in the R1S zone) and
was delivered by email to the Woodburn Fire District and the Woodburn Police Department.
Notification of the public hearings was also published in the Woodburn Independent newspaper
on November 18, 2009.
Woodburn shall coordinate with affected state agencies regarding proposed comprehensive plan
and land use regulation amendments, as required by state law.
(a)The state agency most interested in land use is the Oregon Department of Land
Conservation and Development (DLCD). Woodburn shall notify DLCD 45 days in advance
of the first hearing before the Planning commission of proposed comprehensive plan or
development ordinance amendments. [Woodburn Comprehensive Plan, Policy B-2(a), Page
12]
Findings: The Department of Land Conservation and Development was provided notification 45
days prior to the Planning Commission hearing on the proposed amendment.
Measure 56 notice
Findings: Ballot Measure 56 requires that the City mail a notice to all affected property owners if
a proposed land use regulation is more restrictive regulation than the current code. This
amendment relaxes, rather than restricts, code requirements.
Conclusions regarding notice
Public notice has been provided pursuant to the Oregon Revised Statutes, the Oregon
Administrative Rules, the Woodburn Comprehensive Plan, and the Woodburn Development
Ordinance. Measure 56 notice is not required.
Assessment of the situation
Section 3.110.07.C of the WDO prohibits “A sign in public rights-of-way … unless specifically
exempt under Section 3.110.11.” The proposed amendment makes certain signs in the rights-of-
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way in the Retirement Community Single-Family Residential (R1S) zone exempt under Section
3.110.11, and therefore allows them to be established. The amendment also increases the height
of certain exempt signage in all residential zones from six feet to seven feet.
Findings: The Retirement Community Single-Family Residential (R1S) zone is characterized by
wide rights-of-way and the general lack of sidewalks – conditions that do not obtain throughout
the City. The signs allowed by Section 3.110.11.H of the Woodburn Development Ordinance
are not readily legible from the street if located on private property in the R1S zone. The
proposed amendment would allow signs that are legible from the street in the R1S zone. This
amendment is necessary to provide property owners in the R1S zone a reasonable opportunity to
display legible signage. The proposed amendment has been favorably reviewed by the focus
group tasked by the Mayor and City Council with proposing amendments to the sign regulations.
DRAFT TEXT AMENDMENT:
Section 3.110.11 of the Woodburn Development Ordinance is hereby amended as follows:
RS, RSN, RM, and RMN
G.Lawn signs and A-frame signs in residential zones provided that
not more than two such signs are located on a lot or parcel and the total area for all such
seven
signs does not exceed eight square feet. Such signs shall not exceed six feet in height
and shall not be placed in the public right-of-way or vision clearance areas.
H.Lawn signs and A-frame signs in the R1S zone provided that:
1.The signs are established by the property owner or property owner’s agent,
2.Not more than two such signs are located on a lot or in the public right-of-way
abutting the lot,
3.The total area for all such signs does not exceed eight square feet,
4.Lawn signs shall not exceed seven feet in height,
5.A-frame signs shall not exceed three feet in height,
6.Signs shall not be placed in vision clearance areas, and
7.Signs shall not be placed on sidewalks.
Staff is directed to redesignate the subsequent subsections of Section 3.110.11 to
accommodate the insertion of a new subsection H.
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WOODBURN PLANNING COMMISSION MEETING MINUTES
December 17, 2009
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Bandelow presiding.
Chairperson Bandelow read a statement outlining the process for the Planning Commission’s meeting,
establishing time limits for persons and groups who wanted to speak before the Commission on any
matter scheduled this evening.
Chairperson Bandelow announced that the agenda was available at the back of the room. The
Commission would consider cases one at a time according to the order listed in the agenda. The
Commission would follow the hearing procedure outlined on the public hearing procedure board. All
persons wishing to speak were requested to come to the podium and give their name and address. Any
individuals speaking from other than the podium would not be recognized.
ROLL CALL
Chairperson Bandelow Present
(pre-arranged)
Commissioner GrosJacques Absent
Commissioner Grigorieff Present
Commissioner Hutchison Absent (pre-arranged)
Commissioner Jennings Present
Commissioner Kenagy Present
Staff Present:Jim Hendryx Economic & Development Services Director
Jon Stuart Assistant City Attorney
Nadia Seledkov Administrative Assistant
BUSINESS FROM THE AUDIENCE
There was none.
PUBLIC HEARING
A.Type V- Legislative Amendment- LA 2009-02-City of Woodburn
A legislative amendment to revise the Woodburn Development Ordinance to allow certain signs in
the public right-of-way in the Retirement Community Single-Family Residential (R1S) zone, and
to increase the height of certain signage in all residential zones from six to seven feet.
STAFF REPORT
Economic & Development Services Director Jim Hendryx began his staff report on the Legislative
Amendment LA 2009-02 with a background for the need for this hearing. On October 26, 2009, The City
Council requested that staff prepare an amendment to the sign regulations of the Woodburn Development
Ordinance (WDO) to allow signs to be placed in the public rights-of-way in the Retirement Community
Single-Family Residential (R1S) zone, and present it for consideration by the Planning Commission.
What is unique to the R1S zone is that from the improved right-of-way to the property line it is typically 13
feet; in general, the houses have reduced setbacks, small lots, and have no sidewalks. There was a
complaint lodged to City Council that the real estate signs or estate signs had to be placed so far into the
property that it is difficult to see them.
Hendryx continued with the staff report to say that the current language of the WDO (3.110.12) for
prohibited signs and advertising devices is: (the signs/devices are prohibited, except if exempted)
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G. A sign in public right of ways except awning, projecting, wall, and suspended signs projecting over a
public right of way in conformity with Section 3.110 or unless specifically exempt under Section
3.110.11. (Government and traffic signs, of course are exempt).
Hendryx continued with the staff report to list what is in the current language of WDO 3.110.11:
Section 3.110
Exemptions. The following are exempt from application, permit and fee requirements of ,
Section 3.110
but are subject to other applicable portions of and the City Code and may require building
and electrical permits: G. Lawn signs and A-frame signs in residential zones provided that not more than
two such signs are located on a lot or parcel and the total area for all such signs does not exceed six feet
in height and shall not be placed in the public right of way or vision clearance areas.
Hendryx continued with the staff report to list what is proposed to be changed in the language of that
: Exemptions.
code: 3.110.11
Section 3.110
The following are exempt from application, permit and fee requirements of , but are subject
Section 3.110
to other applicable portions of and the City Code and may require building and electrical
RSM, RSN, RM, and RMN
permits: G. Lawn signs and A-frame signs in residential zones provided that
not more than two such signs are located on a lot or parcel and the total area for all such signs does not
exceed seven feet in height and shall not be placed in the public right of way or vision clearance
areas. There is a proposal to add an additional section to 3.110.11 and this is to clarify exemptions:
H. Lawn signs and A-frame signs in the R1S zone provided that:
1. The signs are established by the property owner or property owner’s agent,
2. Not more than two such signs are located on a lot or in the public right-of-way abutting the lot,
3. The total area for all such signs does not exceed eight square feet,
4. Lawn signs shall not exceed seven feet in height,
5. A-frame signs shall not exceed three feet in height,
6. Signs shall not be placed in vision clearance areas or in adjacent rights-of-way, and
7. Signs shall not be placed on sidewalks.
There was general discussion by the Commissioners of the purpose for these signs being needed, and it
was clarified that it was primarily for the real estate signs to be visible that these amendments were
proposed. It was clarified that this doesn’t say that this was for the front or back of the house; it clarifies
that it involves rights-of-way. There was concern for the signs along highway 214, as there were signs
there.
Hendryx continued with the staff report, saying that the Sign Focus Group received the proposed
amendment favorably. One suggestion was to add a provision that signs not project over the curb or
sidewalk.
Hendryx continued with staff recommendation for the Planning Commission to approve the proposed draft
text amendments and to forward a recommendation of approval and adoption of the proposed draft text
amendments to the City Council.
There was general discussion among the Commission that this type of legislation was problematic
because it was geared for one specific area; when there are many areas of Woodburn that have the
same type of conditions where there are no sidewalks and narrow streets, this is proposing preferential
treatment of one residential area over others. If the WDO would be amended, it should be opened up to
the entire city. It was suggested that perhaps the Sign Focus Group should review it further.
Commissioner Jennings asked whether the City could be liable to discrimination lawsuits for this change.
Assistant City Attorney Jon Stuart responded that it wasn’t likely, that the City Council could explain with
reasons why there are more abilities or interest allowed for this area.
Commissioner Grigorieff questioned whether the Commission could make changes to the amendments.
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Commissioner Jennings moved to amend the text to the draft text amendment to remove paragraph G
and paragraph H to be modified to also include R1S, RS, RSN, RM, and RMN zones. Commissioner
Grigorieff seconded the motion.
There was general discussion by the Commission for the best format for the text amendments to include
all of the residential areas of the City, and the variations in setbacks to be fairly covered.
Hendryx stated that staff could implement changes if the Commission gave direction on what their intent
was for the overall viewpoint for change.
There was further discussion by the Commission for where the signs could possibly be placed. There
was some discussion about what the purpose for the City getting involved in making these changes was.
The City Council made a choice to remove this from the Sign Focus Group so that it would be reviewed
more quickly. There was some discussion that some real estate offices were urging that this legislation go
forward. There was some concern for what the right-of-way appearance would be if these changes were
allowed to be implemented.
Stuart suggested that perhaps the current motion may be withdrawn or voted on. There needs to be a
decision on whether you want to allow public signs in the right-of-way; and if you do want to allow it, then
what would be the allowed changes.
Commissioner Jennings withdrew his motion.
Kenagy stated that there are real estate offices who are not placing their signs the right way, nor following
the rules, and other offices that do. Why should we make changes to accommodate those that don’t.
Bandelow said she wasn’t comfortable with allowing signs in the right-of-way.
There was some discussion of the Commissioners over their concerns in allowing signs in the right of
way.
Commissioner Kenagy made a motion for denial of LA 2009-02, and Commissioner Jennings seconded
the motion.
Chairperson Bandelowrequested a roll call of the Planning Commission for denial of LA 2009-01. A yes
vote is for denial.
ROLL CALL
Chairperson Bandelow Yes
Commissioner GrosJacques ---
Commissioner Grigorieff Yes
Commissioner Hutchison ---
Commissioner Jennings Yes
Commissioner Kenagy Yes
Bandelow asked if there were any more statements or announcements by the Commission or staff.
There were none.
ADJOURNMENT
Commissioner Jennings moved to adjourn the meeting, Commissioner Grigorieff seconded the motion,
which carried unanimously. Meeting adjourned at 8:15pm.
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APPROVED
Ellen Bandelow, CHAIRPERSON Date
ATTEST
Jim Hendryx Date
Economic & Development Services Director
City of Woodburn, Oregon
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ß¹»²¼¿ ׬»³
January 11, 2010
TO: Honorable Mayor and City Council
FROM: Dan Brown, Public Works Director
SUBJECT:
IRONWOOD HOMEOWNERS ASSOCIATION STREET TREE REPLACEMENT
AND SIDEWALK REPAIR LID FINAL ASSESSMENT ORDINANCE
RECOMMENDATION:
That the City Council conduct a public hearing on levying a final assessment to
property owners of the Ironwood Homeowners Association Street Tree
Replacement and Sidewalk Repair Local Improvement District.
BACKGROUND:
The City Council initiated the Local Improvement District (LID) process for the
replacement of street trees and sidewalk repairs in response to a petition
initiated by the Ironwood Homeowners Association. On September 22, 2008,
Council approved initiating the LID on behalf of the Ironwood Homeowners
Association with Resolution 1906.
Public Works prepared an Engineering Feasibility Study that included a cost
estimate to perform the identified scope of work and an assessment schedule of
home owners participating in the Local Improvement District (LID). The
Engineering Feasibility Study and assessment were presented to Council on May
11, 2009 with Council Bill No. 2776 and approved. The Engineering Feasibility
Study estimated the cost of the LID at $62,818. A contract was awarded to Kerr
Contractors on July 27, 2009 for performing the scope of work identified for the
LID for a sum of $83,743.
The LID contract was completed on November 16, 2009 for final cost of
$85,202.30. Due to the City committing to the Ironwood Homeowners
Association that their financial liability would be fixed at the assessment based
upon the Engineering Feasibility Study or $62,818, the City’s final contribution to
the LID is $22,384.30.
Agenda Item Review: City Administrator ______ City Attorney ______ Finance _____
îëê
Honorable Mayor and City Council
January 11, 2010
Page 2
DISCUSSION:
The attached Ordinance will establish the final assessment for properties
participating in the LID at the assessed rate established when the LID was
initiated.
Upon passage of the ordinance, property owners will receive a notice of final
assessment. The property owners with unpaid assessments will also receive a
Bancroft bond information package.
It is recommended that the City Council adopt the attached ordinance to levy
final assessments.
FINANCIAL IMPACT:
Passage of this ordinance will authorize the City to collect $62,818 in assessment
costs allocated to the benefited property owners within the LID and authorize
the expenditure of $22,384.30 in City street maintenance fund (Fund 140) to pay
the actual costs incurred to complete the Ironwood LID.
îëé
COUNCIL BILL NO. 2807
ORDINANCE NO.
AN ORDINANCE LEVYING ASSESSMENTS FOR THE IRONWOOD NEIGHBORHOOD
LOCAL IMPROVEMENT DISTRICT TO REPLACE STREET TREES AND REPAIR SIDEWALKS
, the City Council reviewed and approved the engineering
WHEREAS
report on the replacement of street trees and sidewalk repairs for the Ironwood
Homeowners Association on May 11, 2009; and
, the City Council by Resolution No. 1906, declared its intent to
WHEREAS
replace street trees and repair sidewalks in the Ironwood neighborhood through
a Local Improvement District process, adopted the method of assessment,
established a date for the public hearing; and
, the City Council initiated administratively establishment of a
WHEREAS
Local Improvement District upon the petitioned request of the Ironwood
Homeowners Association on September 22, 2008 by Council Bill No. 2744; and
, the assessment to each benefited property is based upon the
WHEREAS
special benefit received for the said improvement using a distribution method as
outlined for each lot identified in the Engineering Feasibility Study approved by
Council Bill No. 2776; and
, legal notice of the public hearing on the proposed final
WHEREAS
assessment was provided and mailed to the owner of each lot proposed to be
assessed at the address of record shown in the official records of Marion County;
and
, the final assessment hearing was conducted on January 11,
WHEREAS
2009;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Total Assessable Cost.
The actual assessable cost of the local improvement in the Ironwood
Neighborhood to replace street trees and repair sidewalks is $62,818, which is
hereby assessed against the property described herein the amounts listed.
Page 1 – COUNCIL BILL NO. 2807
ORDINANCE NO.
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Section 2. Levy of Final Assessments – Assessment Roll.
The City Council levies the final assessments against the real property in the local
improvement district as set forth on the Assessment Roll attached and
incorporated as Exhibit “A”.
Section 3.Determination of Special Benefit.
The City Council determines that each lot described on the Assessment Roll is
specially benefited to the extent of the assessment set forth on the Assessment
Roll against that lot.
Section 4. Payment Options.
A benefited property owner has the following options:
A.Full payment of the final assessment within 30 days of the effective
date of this ordinance without incurring interest charges; or
If an installment payment plan is elected by the benefited property owner and
the outstanding lien is paid off before the end of the period, interest will be
calculated to the date of the lien payoff.
.
Section 5. Interest
The interest rate is established at 6.25% and the accrual date shall start from the
effective date of this ordinance unless payment is made within the first 30 days.
.
Section 6. Notice of Assessments
The City Recorder shall send a notice of assessments to all owners of assessed
property and publish notice of the assessments pursuant to the requirements of
Ordinance No. 2105.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 2 – COUNCIL BILL NO. 2807
ORDINANCE NO.
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EXHIBIT “A”
IRONWOOD STREET TREE & SIDEWALK IMPROVEMENT DISTRICT
ASSESSMENT ROLL
(NOTE: DOUBLE STRIKEOUT denotes tax lots or names, which have been modified
since the adoption of the original ordinance.)
Map/Tax Lot Owner Assessment
NumbersAmount
051W07AA00100 Laughrey, Henry & Brenda $ 1,339.51
051W07AA00200 Smith, Carl J & Wilmes-Smith, Linda L $ 491.16
051W07AA00300 Wamble, Robert B II $ 630.98
051W07AA00400 Rios, Arnoldo De Los & Rios, Magdalena De Los $ 763.40
051W07AA00500 Haneberg, Eric B & Pamela J $ 1,367.72
051W07AA00600 Hendricks, Kevin M & Kimberly L $ 504.61
051W07AA00700 Koepping, Paul R & Kristen K $ 492.10
051W07AA00800 Glavnik, Nikolay & Lyudmila $ 479.12
051W07AA00900 Wolfer, Jon A & Debra R $ 470.65
051W07AA01000 Nielsen, Shannon T & Rubin, Steve P $ 1,620.30
051W07AA01100Seethoff, Patrick M & Mary Anne L. $ 518.13
051W07AA01200 Dean, William T & Sandra J $ 427.44
Federal Home Loan Mortage Corp C/O Quality Loan
051W07AA01300 Service Corp Santos, Paulo & Acosta, Liset Gonzalez $ 427.20
051W07AA01400 Blomberg, Walter M & Norma T $ 316.23
051W07AA01500 Gsell, Susan H $ 287.24
051W07AA01600 Staats Fam LT & Staats, William J Tre $ 488.91
051W07AA01700Christoff, David J. & Jane E $ 478.65
051W07AA01800 Reinhardt, John A & Rena F $ 466.30
051W07AA01900 Barbour, John & Barbour, Linda $ 466.30
051W07AA02000 Riehl, Julia F Marcotte-Ling Riehl, Thomas A & Julia F $ 466.30
051W07AA02100 Beam, Thomas L & Suzan T $ 466.30
051W07AA02200 Blanke, David E & Cristina C $ 466.30
Edick Fam Tr & Edick, Richard C Tre & Edick, Christine
051W07AA02300 M Tre $ 656.85
051W07AA02400 Carter, Raymond B & Catherine M $ 520.85
051W07AA02500 Arms, Stanley E & Rosary A $ 466.30
051W07AA02600 Jones, Bert S $ 466.30
051W07AA02700 Garcia, Jose L & Georgina $ 466.30
051W07AA02800 Shumway, David L & Sally J $ 466.30
051W07AA02900 Jones, Janice I & David M $ 466.30
051W07AA03000 Summers, Scott D & Susan M $ 466.30
051W07AA03100 Park, Sang C & Lee, Soon I $ 466.30
051W07AA03200 Brewer, Robert K & Kim M $ 466.84
051W07AA03300 Shim, Hyong W & Shim, Mi Young $ 467.54
051W07AA03400 Dooley, Michael R & Maureen P $ 467.46
051W07AA03500 Miller, Mari Lee $ 476.17
051W07AA03600 Maxwell, Michael P & Patricia J $ 441.81
051W07AA03700 Kapssof, Bill & Noreen $ 1,121.98
051W07AA03800 Kapssof, Bill & Noreen $ 469.79
051W07AA03900 Veliz, Liza M & Torres-Solis Rodrigo $ 469.79
Page 3 – COUNCIL BILL NO. 2807
ORDINANCE NO.
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Map/Tax Lot Owner Assessment
NumbersAmount
051W07AA04000 Avalos, Luis Alberto Cardenas $ 431.09
051W07AA04100 Hannon, Jay E & Becere, Sally $ 431.09
051W07AA04200 Carr, Kevin M & Lisa H $ 431.09
051W07AA04300 Perez, Ignacio Signa, Susan $ 1,126.41
051W07AA04400 Haugh, Aleta D & Aaron $ 1,179.57
051W07AA04500 Kim, Anna B $ 1,222.47
051W07AA04600 Shones, Gabriel D $ 536.01
051W07AA04700 Peterson, Daniel & Sylvia $ 430.16
051W07AA04800 Smith, Lauretta F $ 429.22
051W07AA04900 Del Castillo, Jesus & Maria H $ 427.75
051W07AA05000 Jaynes, Peggy A $ 427.44
051W07AA05100 Stuart, Robert A & Catherine O $ 559.09
051W07AA05200 Cantu, John & Alma $ 596.86
051W07AA05300 Everson, Richard L $ 1,133.64
051W07AA05500 Ironwood @ Tukwila Homeowners Assn Inc. $ 1,630.09
051W07AA05600 Kent, Santiago A & Kelly L $ 1,252.70
051W07AA05700 Salinas, Ismael Jr & Salinas, Dalia $ 418.50
051W07AA05800 Keddie, Reginald H & Lora D $ 486.04
051W07AA05900 Whiteley, William R & Greeley, Eileen F $ 485.72
051W07AA06000 Sifuentez, Daniel B & Angie M $ 300.22
051W07AA06100 Cross, Marilyn J & Richard L $ 335.42
Veliz, Raul Jr. & Marie -- Trustees of the Veliz Revocable
051W07AA06200 $ 328.97
Living Trust
051W07AA06300 Jensen, Darryl Ingvard $ 420.91
051W07AA06400 Nyman, Mark A & Monica $ 807.93
051W07AA06500 Shubin, George Jr & Tanya N $ 544.17
051W07AA06600 Gregorie, Russell P $ 1,351.71
051W07AA06700 Shkutnik, Aleksandr N & Shkutnik, Victoria V $ 466.30
051W07AA06800 Baltazar, Gilberto Medina $ 466.30
051W07AA06900 Keptya, Ivan & Galina $ 423.32
051W07AA07000 Dunn, Joel F & Andrea R $ 427.59
051W07AA07100 Shunyayev, Gennadiy & Shunyayeva, Vera $ 427.59
051W07AA07200 Hagar, Jennifer A & James G $ 427.59
051W07AA07300 Tukwila Partners $ 117.58
051W08BB00100 Camacho, Rosa C. $ 472.59
051W08BB00200 Alzner, Sally L $ 448.73
051W08BB00300 Mitchell, Todd M $ 464.66
051W08BB00400 Mittmann, Hubertus J & Imme H $ 380.50
051W08BB00500 Hanberg, Heather R $ 337.21
051W08BB00600 Campbell, Jacob & Rupert, Kaitlin $ 312.73
051W08BB00700 Stucki, Berkley J & Stucki, Angie $ 310.48
051W08BB00800 McCallum, Peter J & McCallum, Ila F $ 1,232.89
051W08BB00900 Cortez, Carlos Martinez & Guillen Roberto Marin $ 431.71
051W08BB01000 Fernandez, Eduardo & Fernandez, Donna $ 427.75
051W08BB01100 Sanchez, Oswaldo G $ 431.09
051W08BB01200 Wallace, Thomas J Trustee $ 469.79
051W08BB01300 Stevland, Britt C $ 469.79
051W08BB01400 Heide, Michael D & Heide Teresa A $ 392.15
Deutsche Bank National Trust Co, c/o Citi Residential
051W08BB01500 Lending Inc. ATTN: Reo Dept Shea, Mike & Karen $ 1,126.41
051W08BB01600 Potter, Randall J $ 1,224.34
Page 4 – COUNCIL BILL NO. 2807
ORDINANCE NO.
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Map/Tax Lot Owner Assessment
NumbersAmount
Baltazar, Hipolito M & Baltazar, Elizabeth F & Fregoso,
051W08BB01700 Guillermo A $ 431.09
051W08BB01800 Dunbar, Nathan C & Dunbar, Maryann M $ 431.09
051W08BB02000 Cantu, John A Jr $ 1,292.57
051W08BB02100 Robinson, Donna $ 447.95
051W08BB02200 Sterling, Mark D & Sterling, Marcia $ 301.23
051W08BB02300 Jagernauth, David & Haglund, Christina L $ 322.99
051W08BB02400 Jamison, Gilbert D & Shirley K $ 236.88
051W08BB02500 Sanders, Lon L & Sanders, Peggy S $ 327.11
051W08BB02600 Yan, Kristi L & Yan, Ming $ 486.27
051W08BB02700 Baxley, Richard A & Baxley, Deanna C $ 1,118.02
051W08BB02800 Ellingson, David B & Ellingson, Kimberly $ 427.44
051W08BB02900 Wills, John F & Wills, Deborah B $ 427.44
051W08BB03000 Kuznetsov, Antoni K & Kuznetsov, Ekaterina $ 427.44
051W08BB03100 Marquez, Robert C $ 431.71
051W08BB03200 Miller, Shawn L & Miller, Christine M $ 395.42
051W08BB03300 Pascalar, Tracy W & Pascalar, Robert $ 293.84
051W08BB03400 Kim, Andrey S & Eunah $ 433.27
051W08BB03500 Magruder, Kimberly A $ 466.30
051W08BB03600Graff, Gerald II & Brandy A $ 466.30
Washington Mutual Bank, Attn: Reo Department
051W08BB03700 Larios, Edmund $ 427.59
051W08BB03800 Martynyuk, Alex V & Martynyuk, Marina S $ 427.75
051W08BB03900 Bauman, Jerry $ 1,126.96
TOTAL AMOUNT
$62,818.00
Page 5 – COUNCIL BILL NO. 2807
ORDINANCE NO.
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ß¹»²¼¿ ׬»³
January 11, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT:
ADOPT RESOLUTION TO INCREASE EXISTING CLEAN WATER STATE
REVOLVING FUND LOAN AGREEMENT NO. R98414
RECOMMENDATION:
That Council adopt a resolution authorizing the City Administrator to enter into
an agreement to amend the existing Department of Environmental Quality
(DEQ) Clean Water State Revolving Fund Loan Agreement No. R98414. The
amendment is to increase the City’s current loan by an amount of .
$3,736,914
BACKGROUND:
The City has a “Revenue Secured Loan” with DEQ in the amount of $4,093,175 to
finance upgrades to the wastewater collection, treatment, disposal systems,
and watershed enhancement projects. The loan was approved by the City on
July 11, 2007.
The City and DEQ entered into a Mutual Agreement and Order (MAO) Case No.
WQ/M-WR-07-082 in December of 2007. The MAO addresses limits and a
compliance schedule for meeting effluent limits. The recent adoption of the
Total Maximum Daily Load (TMDL) for the Molalla-Pudding Sub-basin by DEQ
places the compliance schedule within the MAO in motion. To meet the
compliance limits and schedule, the City must make certain improvements to
the wastewater facility in order to comply with the National Pollution Discharge
Elimination System (NPDES) permit limits and conditions.
Specific projects identified to meet the requirements of MAO include:
TABLE 1 -
Pre-design 2010 – 2013 Recommended Improvements
Project Component Details
Mill Creek Pump Station Install low flow pump
Agenda Item Review: City Administrator ______ City Attorney ______ Finance _____
îêí
Honorable Mayor and City Council
January 11, 2010
Page 2
TABLE 1 -
Pre-design 2010 – 2013 Recommended Improvements
Improvements Phase 1
POTW Upgrades
Convert wet weather clarifiers to Rehabilitate wet weather clarifiers
primary clarifiers
Upgrade blower and aeration Replace valves, instrumentation, and
system*blowers.
Contact stabilization modifications* Install piping to allow flow to be diverted
to the midpoint of the aerated zone
under high flow conditions
Expand existing UV system Replace blanks in existing Trojan UV units
with UV lamp assemblies and make
minor channel improvements
Construct bypass around aerator Construct a piped bypass around the
aeration structure in Outfall 001A
Condition improvements Provide improvements throughout the
POTW to improve operation and
maintenance.
Install additional emergency Meet Class 1 reliability standards.
generator
Reuse and Discharge Improvements
(Natural Treatment Systems)
Lagoon Wetlands* Develop constructed wetlands for
effluent cooling within the existing
effluent lagoon
Floodplain Wetlands* Develop constructed wetlands for
effluent cooling within the floodplain area
of adjacent City-owned land
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Honorable Mayor and City Council
January 11, 2010
Page 3
TABLE 1 -
Pre-design 2010 – 2013 Recommended Improvements
Poplar Tree Irrigation Expansion* Expand polar tree plantation onto City-
owned land including extension of
effluent irrigation and biosolids
distribution facilities
Pudding River Outfall* Develop a new Pudding River outfall with
supporting conveyance
The total estimated capital improvement cost for the identified facilities
improvements from the Wastewater Facilities Plan is $10.8 million. This
estimated project cost includes the estimated construction cost and an
additional 25 percent for engineering, administrative and legal fees.
DISCUSSION:
DEQ previously authorized in September 2009 an increase to the existing loan
amount from $4,093,175 to $5,356,261, or an increase of $1,263,086 to partially
finance MAO No. WQ/M-WR-07-082. The City requested an increase of
$5,000,000 to completely finance the MOA; however, DEQ was initially limited to
only being able to provide $1,263,086 of the requested loan increase at this time
due to restriction of funds available for the State Revolving Fund loan program.
Additional funds have become available and DEQ has authorized an additional
increase of $3,736,914. This additional allocation meets the City’s request to
increase loan #R98414 from $4,093,175 to $9,093,175.
The proposed expenditures of this increased loan amount are consistent with
the intent of the original loan in that the funds will be expended on watershed
enhancement projects.
The loan increase will have the same attractive interest rate of 1.53 percent per
year as the original loan. Other means of financing the wastewater capital
improvements needed to comply with the MAO will have a higher interest rate
and greater debt service. One of the City’s goals in executing the needed
capital improvements for the wastewater system are to optimize the use of
State Revolving Fund Loans to minimize the rate increases needed to finance
the capital improvements identified for regulatory compliance.
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Honorable Mayor and City Council
January 11, 2010
Page 4
The action requested of Council is consistent with the Wastewater Facilities Plan
Update and Rate Study.
FINANCIAL IMPACT:
Acceptance of the increase in the State Revolving Fund loan #R98414 increases
the City’s debt. Paying the debt service associated with this loan will require a
future sewer rate increase. Debt service payments do not start until the
barrowed funds are expended. Council is reminded that acceptance of this
increase in the State Revolving Fund loan will require an increase in sewer rates
for the fiscal year beginning of July 1, 2010 ranging from 9.5% for low volume
users to 16% for high volume users as identified in the Wastewater Facilities Plan.
Securing the loan increase provides the City the best opportunity to control the
cost of debt needed to address the wastewater capital improvements. Failure
to secure the loan increase at this time would deny Council the opportunity to
acquire the revenue needed at the lowest interest possible. Should Council
elect to not increase sewer rates to fund the debt service required, the
unobligated loan balance can be returned to DEQ for redistribution to other
needing municipalities.
Approval of the attached resolution and amendment to increase the State
Revolving Fund loan #R98414 must be accompanied with a full understanding
of Council that future sewer rate increases will be needed prior to obligation of
this low interest loan.
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COUNCIL BILL NO. 2808
RESOLUTION NO.
A RESOLUTION TO AMEND THE CLEAN WATER STATE REVOLVING FUND LOAN
AGREEMENT NO. R98414 WITH THE STATE OF OREGON AND AUTHORIZING THE
CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT
WHEREAS,
the City of Woodburn has determined that the City needs to accomplish
wastewater facilities improvements in order to comply with the City’s National Pollution
Discharge Elimination System permit; and
WHEREAS,
the State of Oregon acting by and through its Department of
Environmental Quality is authorized to enter into Clean Water State Revolving Fund loan
agreements and disburse funds pursuant to OAR 340-054-0065(2); and
WHEREAS,
the City of Woodburn through Resolution 1860 authorized entering into
Clean Water State Revolving Fund Loan Agreement No. R98414 and for the City
Administrator to sign said agreement; and
and DEQ entered into a Mutual Agreement and Order
WHEREAS,
the City
(MAO) Case No. WQ/M-WR-07-082 in December of 2007. The MAO addresses limits
and a compliance schedule for meeting effluent limits for wastewater; and
WHEREAS,
the State of Oregon acting by and through its Department of
authorized an increase to the existing loan amount from
Environmental Quality, has
$5,356,261 to $9,093,175, an increase of $3,736,914, to partially finance MAO No.
WQ/M-WR-07-082; and
WHEREAS,
the City finds that the increased loan amount is necessary to meet the
WQ/M-WR-07-082;
NOW
City’s obligations and compliance schedule under MAO No.
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1.
The City of Woodburn agrees to amend Clean Water State Revolving
Fund Loan Agreement No. R98414 with the State of Oregon acting by and through its
$5,356,261
Department of Environmental Quality, to increase the amount of the loan from
to $9,093,175, an increase of $3,736,914
.
Section 2.
That the City Administrator of the City of Woodburn is authorized to sign
an amendment to Clean Water State Revolving Fund Loan Agreement No. R98414 on
behalf of the City in a form acceptable to the City Attorney.
Page 1 - COUNCIL BILL NO. 2808
RESOLUTION NO.
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Approved as to form:
City Attorney Date
Approved:__________________________________
Kathryn Figley, Mayor
Passed by Council __________________________
Submitted to the Mayor __________________________
Approved by the Mayor __________________________
Filed in the Office of the Recorder __________________________
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2808
RESOLUTION NO.
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ß¹»²¼¿ ׬»³
January 11, 2010
TO: Honorable Mayor and City Council through City Administrator
THRU: Scott D. Russell, Chief of Police
FROM: Jason R. Alexander, Captain
SUBJECT:
Liquor License Change of Ownership-Full On-Premise Sales
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve a
Change of
application for The End Zone.
Ownership
BACKGROUND:
Applicant: TT&C INC.
980 N Pacific Hwy.
Woodburn, Oregon 97071
503.981.3663
Business: The End Zone
980 N Pacific Hwy.
Woodburn, Oregon 97071
503.981.3663
Owners: Trudy Thiele
2066 Kinglet Way
Keizer, Oregon 97303
503.390.0651
Thomas Thiele
2066 Kinglet Way
Keizer, Oregon 97303
503.390.0651
Cynthia Markovitz
1428 Northern Heights
Keizer Oregon 97303
503.378.9131
Agenda Item Review: City Administrator ______ City Attorney ______ Finance _____
îêç
Honorable Mayor and City Council
January 11, 2010
Page 2
License Type: for On-Premise Sales, which permits beer,
Change of Ownership
wine, cider sales and spirits for on-premise consumption only.
On November 16, 2009 the Woodburn Police Department received an
application, requesting approval for a for The End Zone
Change of Ownership
located at 980 N Pacific Hwy. Woodburn, Oregon. This location is currently The
End Zone, which possesses an On-Premise Sale license. The above mentioned
applicants are applying for a on-premise sales license
Change of Ownership
through the Oregon Liquor Control Commission as well.
The business will be open daily, Sunday thru Thursday, 10:00am TO 1:00am and
10:00am until 2:00am on Friday and Saturday. This establishment is a bar and
grill restaurant which will also serve food along with alcohol. The business will
have DJ Music, Dancing, Karaoke, Video lottery Machines and Pool Tables. The
days and hours set for the DJ Music is Fridays and Saturdays from 9:00pm to
2:00am The Police Department has received no communication from the public
or surrounding businesses in support of or against this change of ownership.
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC, on the applicants and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT:
None
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