10-10-2011 AgendaCITY OF WOODBURN
CITY COUNCIL AGENDA
OCTOBER 10, 2011 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
DICK PUGH, COUNCILOR WARD I
J. MEL SCHMIDT, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
ERIC MORRIS, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
None.
Appointments
None.
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
C. Woodburn Unidos
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
A. Keeping the Lights on After School
Presentations
B. Street Trees
C. Ward Redistricting
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
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October 10, 2011 Council Agenda Page i
8. CONSENT AGENDA - Items listed on the consent agenda are considered
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 September 26, 2011 2
Recommended Action Approve the minutes.
B. Woodburn Recreation and Park Board minutes of September 13, 6
2011
Recommended Action Accept the minutes.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2876 - An Ordinance Amending Ordinance 11
2338 (the Nuisance Ordinance) to Clarify the City's Treatment of
Wild Natural Areas
Recommended Action: Adopt the Ordinance.
B. Council Bill No. 2877 - An Ordinance Amending and Updating 15
Ordinance 2284 (the Telecommunications Ordinance) and
Declaring an Emergency
Recommended Action: Adopt the Ordinance.
C. Appraisal of Property Potentially Donated to City 19
Recommended Action: Approve the appraisal of 2.4 acres of
property that Immanuel Lutheran Church proposes to donate to
the City for use as a public park.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
None.
October 10, 2011 Council Agenda Page ii
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
To review and evaluate, pursuant to standards, criteria and policy
directives adopted by the governing body, the employment - related
performance of the chief executive officer of any public body, a public
officer, employee or staff member unless the person whose performance
is being reviewed and evaluated requests an open hearing pursuant to
ORS 192.660 (2) (i).
16. ADJOURNMENT
October 10, 2011 Council Agenda Page iii
KEEPING THE DGHTS ON AMRSCHOOL
PROCLAMATION
WHEREAS, the citizens of Woodburn stand firmly committed to quality afterschool programs
and opportunities because they:
• Provide safe, challenging, engaging and fun learning experiences to help children and youth
develop their social, emotional, physical, cultural and academic skills
• Support working families by ensuring their children are safe and productive after the regular
school day ends
• Build stronger communities by involving our students, parents, business leaders and adult
volunteers in the lives of our young people, thereby promoting positive relationships among
children, youth, families and adults
• Engage families, schools and diverse community partners in advancing the welfare of our
children, and
WHEREAS, the After School Club has provided significant leadership in the area of
community involvement in the education and well -being of our youth, grounded in the principle that
quality afterschool programs are key to helping our children become successful adults, and
WI-IERF.AS, Lights on Afterschool, a national celebration of afterschool programs on
October 20 promotes the critical importance of quality afterschool programs in the lives of children,
their families and their communities, and
WHEREAS, more than 28 million children in the U.S. have parents who work outside the
home, and 15.1 million children have no place to go after school, and
WHER many afterschool programs across the country are facing funding shortfalls so
severe that they are being forced to close their doors and turn off their lights,
NOW, THEREFORE, be it proclaimed by the City of Woodburn that October 20, 2011 is
"Lights on Afterschool Day "; and, as Mayor, I enthusiastically endorse the Lights on Afterschool
program and encourage our community to engage in innovative afterschool programs and activities
that ensure the lights stay on and the doors stay open for all children after school.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE
SEAL OF THE CrIy-Ak WOODBURN TO BE AFFIXED THIS 5 DAY OF OCTOBER 2011.
CrrY OF WOODBURN
COUNCIL MEETING MINUTES
SEPTEMBER 26, 2011
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, SEPTEMBER 26, 2011.
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley
Present
Councilor Cox
Present
Councilor Lonergan
Absent
Councilor McCallum
Absent
Councilor Morris
Present
Councilor Pugh
Present
Councilor Schmidt
Present
Staff Present: City Administrator Derickson, City Attorney Shields, Economic &
Community Development Director Hendryx, Public Works Director Brown, Police
Chief Russell, Police Captain Alexander, Police Captain Garrett, Community Relations
Coordinator Stowers, Maintenance & Support Division Manager Gwynn, Recorder
Shearer.
0:01 COMMUNITY /GOVERNMENT REPORTS
A. Woodburn School District — Superintendent David Bautista thanked the Woodburn
Police Department for their support of the Homecoming Parade. He also talked about an
organization assessment to be completed within the School District.
0:04 PRESENTATIONS
A. Interchange Aesthetic Committee Update —Alan Fox, Project Manager for the
Oregon Department of Transportation (ODOT) gave the following updates:
1. Upcoming month is an important one for the Woodburn Interchange project. The
design acceptance package, which determines cost and footprint of the project, is due
by mid - October. This is an important milestone. The final cost estimate, which is
still under review by the project team, is significantly lower than the initial estimate.
This is due primarily to having better estimates and less is reliant on inflation
estimates. Alan was not prepared to give an actual estimate at this time.
2. Interchange Right of Way activities are underway, with some files held up pending a
sound wall determination (which is dependent on the design acceptance package).
3. Interchange project communications will be enhanced per State requirements for
local communications. A project website should be established prior to the end of
the year.
4. Aesthetic Advisory Committee has had two well- attended meetings and the group
has been very engaged and helpful. The group will receive design options at the next
meeting.
5. Evergreen Road meetings are progressing.
Page 1 - Council Meeting Minutes, September 26, 2011
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COUNCIL MEETING MINUTES
SEPTEMBER 26, 2011
6. Broughton to Park widening no longer needs an environmental assessment so project
is being reclassified as a "categorical exclusion" project which will save a lot of
money. No further work will occur on this until the project is funded.
0:18 B. 99E Corridor Committee Update — Jim Hendryx, Economic Development Services
Director provided a presentation on the Highway 99E Corridor Plan, which is the result
of a citizen advisory committee and community outreach efforts. The proj ect was
funded by an ODOT grant. The options were narrowed to two Concepts (see agenda
packet for presentation materials & maps on the concepts). Concept 2 was favored by a
small margin by the committee and community. Most found either concept acceptable.
Councilor Morris reported on the process the committee used to develop the concepts.
He prefers concept 2. The Planning Commission also received this presentation and
preferred concept 2, on a 3 -1 vote. All of the materials and maps for the project are
available on the plan website at: http: / /www.woodbum99e.com / . Director Hendryx is
seeking Council concurrence that concept 2 is the preferred process.
Councilor Cox feels that concept 2 is clearly superior, but is concerned that it may be
difficult to achieve given the City's financial means. He is concerned it may have a
chilling effect on privately funded redevelopment efforts. Existing zoning and
development codes will need to be modified to fit into concept 2. Director Hendryx
indicated that change would be incremental and will rely heavily on State funding as
Highway 99E is a State Highway. Even with these concerns, Councilor Cox is
comfortable supporting concept 2.
Councilor Schmidt commented that there has been very limited development in this
corridor in the past 20 years and anticipates that more development will occur in the next
20 years. Director Hendryx concurred and stated that the most recent comprehensive
plan updates have not expanded commercial zones with the intent to encourage
redevelopment.
Director Hendryx stated that this is not a final decision, that there will be Council
decision points later in the process, and there will be opportunity for stakeholder input
before any concept is finalized.
Councilor Pugh stated that there isn't funding to aggressively implement either concept,
but feels it is important to have a plan nevertheless. He prefers concept 2. Councilor
Schmidt also favors concept 2.
Council agreed that staff should proceed with concept 2.
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COUNCIL MEETING MINUTES
SEPTEMBER 26, 2011
1:07 CONSENT AGENDA
A. Approve Woodburn City Council minutes of September 12, 2011,
B. Accept Crime Statistics through August 2011 report, and
C. Recommend approval of liquor license application for Chavita's Foods.
Mayor Figley reported that Recorder Shearer submitted revised minutes of September 12,
2011 that includes a portion of Director Hendryx's presentation for the CDBG grant that
was omitted from the minutes. Councilor Cox requested that item C be addressed
separately.
Cox/Pugh... adopt the Consent Agenda items B (as modified) and B. The motion passed
unanimously.
Council then addressed item C. Councilor Cox had suggestions regarding the compliance
plan associated with Chavita's Foods liquor license, due to difficulties with this operator in
the past. Councilor Morris questioned whether these suggested modifications would
represent a significant increase in police workload. Captain Garrett indicated it would not
be significant. Chief Russell also clarified how compliance agreements work in practice.
Cox/Morris ...recommend approval of liquor license application for Chavita's Foods
conditioned on acceptance of the suggested modifications to the compliance plan. The
motion passed unanimously.
1:21 COUNCIL BILL NO. 2875 — AN ORDINANCE AMENDING SECTIONS 1.1
(ORGANIZATION AND STRUCTURE), 4.1 (ADMINISTRATION AND
PROCEDURES) AND 5.1 (APPLICATION REQUIREMENTS) OF THE
WOODBURN DEVELOPMENT ORDINANCE; READOPTING THE OFFICIAL
ZONING MAP; AND MAKING LEGISLATIVE FINDINGS
Councilor Pugh introduced Council Bill 2875. Recorder Shearer read the two readings of
the bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2875
duly passed.
1:23 CITY ADMINISTRATOR'S REPORT
• City Administrator had nothing to report.
1:24 MAYOR AND COUNCIL REPORTS
• Councilor Pugh appreciated the recent E -Blurb
• Councilor Schmidt had a question regarding the pedestrian crosswalk warning lights
near Park Ave. He said they weren't very visible. Councilor Cox indicated it was an
ODOT decision and we were fortunate to get what we have. Public Works Director
Brown concurred.
Page 3 - Council Meeting Minutes, September 26, 2011
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COUNCIL MEETING MINUTES
SEPTEMBER 26, 2011
1:26 ADJOURNMENT
Pugh/Morris... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:30 p.m.
EVINDI
KATHRYN FIGLEY, MAYOR
ATTEST
Christina M. Shearer, Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, September 26, 2011
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City of Woodburn
Recreation and Park Board Minutes
September 13, 2011 • 6:30 p.m.
- -
OODBN
1. CALL TO ORDER
The meeting and was called to order at 6:30 p.m.
2. ROLL CALL
Position I , Member (12/13) vacant
Position II (Student) Claudia Urias - Guerrero (12/11) Present
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Absent
Position VI Cheryl Shepherd, Member (12/11) Absent
Position VII Tony Waite (12/12) Present
3. APPROVAL OF MINUTES FROM August 9, 2011
Joseph Nicoletti /Tony Waite - Motion to accept the August 9, 2011 minutes as written and
seconded. The motion passed unanimously.
4. BUSINESS FROM AUDIENCE
None.
5. OLD BUSINESS
None.
6. NEW BUSINESS
NEW LOGO - Stu Spence
The Board was presented with the three logo designs that were updated from the previous
meeting to incorporate Board member suggestions. The Board was then asked again to give
comments, suggestions and feedback on the three logo designs. Stu asked them to visualize
the design on t- shirts, flyers and posters. Stu will take their new suggestions back to YG
Media to refine the final logo design. Stu said that it is important to have a recognizable logo
when we market our programs to sponsors and community members. Rosetta was concerned
about the color "red" and how it would appear to color -blind Individuals. She also suggested
the new logo be used on magnetic metal signs on our department vans.
AMERICORP VOLUNTEER
Stu introduced Karlos Castillo, our new AmeriCorps Volunteer. Stu stated that this is the
third year to be awarded this federal grant. The city pays a matching amount of $7000 which
provides us with a full -time employee /volunteer for 11 months. Stu stated that the main
objectives Karlos will have is assisting with the Youth Advisory Board, presenting gang and
drug prevention programs for the After School Club and helping with literacy through the
Woodburn Reads project. Stu shared that Karlos comes from Salem and recently graduated
from Willamette University with a Bachelors of Art degree with double majors in
International Studies with a focus on Latin American — US relations, Spanish Language and
Literature; and a minor in Music. His experience includes coordinating tutoring programs for
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City of Woodburn
Recreation and Park Board Minutes ' '`` r-
September 13, 2011 • 6:30 p.m.
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Chemeketa Community College, working with young adults and being involved in several
clubs throughout his college career. Karlos then gave a brief history on himself and stated
that he is excited to use his Spanish skills to help the department and work with kids and use
his degrees to help implement the anti -drug messages at the After School Club.
DIVISION REPORTS
Aquatics — Kristin Graybeal
Finances - Kristin provided a wrap -up of the summer and mentioned that revenue was up
$9,000, or 16 %, from last year.
Re- plaster Project — The replastering project has begun and Kristin encouraged the Board to
stop by and take a look. The project is going well and the contractor is now starting to work
on the new drains and underwater LED lights. No major challenges have been encountered,
so we will reopen as scheduled on October 1 Other maintenance items being completed
include, installing the swimsuit water extractor, deep cleaning, equipment room equipment
and heater servicing. Pictures of the project are on our Facebook page. Rosetta asked
whether the hot tub was being worked on. Kristin replied that it definitely would get a deep
cleaning, new LED underwater light, and a few new tiles.
Fourth Grade Swim Lessons — Woodburn Together has limited funds, so they will only fund
a portion of the swim lessons this year. Kristin will be approaching Woodburn Proud, Fiesta
Mexicana and Kiwanis to ask for funding to help support this important program.
Challenges — Staffing levels are very low and the Center is holding a Lifeguard Certification
class in October. The August class was canceled because of low enrollment. Kristin
indicated that a significant priority of hers is to ensure that all new and current employees are
highly trained to provide excellent customer service.
Scholarships — Kristin reported that 47 scholarships totaling $2,362.75 have been awarded
since February.
Doggie Splash - was a success with 16 dogs and owners participating. This event was lots of
fun and Kristin is hoping to do it again next year.
Rack Card — Kristin plans to create a glossy promotional card that fits into brochure racks
and will distribute them at the Woodburn Company Stores and throughout the valley to
promote the various programs and activities within the community.
Staff In- service — will be held at the end of month to regroup, get schedules so they are ready
for the re- opening in October.
Recreation — Stu Spence
Youth Sports —Meet your coach day was last Saturday and was very busy as usual. This year
315 kids are participating in the program which is 1 more participant than last year.
Adult Sports —Adult Soccer concludes with playoffs on September 25 Stu is now gearing
up for Men's Basketball which is our most popular adult sport program. Last year there were
28 teams in the fall. Stu is considering expanding into an outdoor summer league.
After School Program — 307 students currently enrolled. Heritage Elementary ASC program
is full with 1021 ids attending today.
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Recreation and Park Board Minutes ' '`` r-
September 13, 2011 • 6:30 p.m.
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P.A.L. Mentoring — Lorena Ramirez, PAL Mentor Coordinator resigned to take a full time
position with the Woodburn School District. Stu is currently recruiting a new Mentor
Coordinator.
YAB — Claudia gave report.
Movie in the Park — On August 30 we showed the Wizard of Oz in Library Park and had 55
people in attendance. Even though it was scheduled on a school night, the participation was
a combination of ages and families and many of them really appreciated this new program.
Stu is considering putting on several more next summer on Friday nights. The Kettle Corn
vendor provided a variety of movie snacks and shared that he enjoyed the night.
Skate Board Competition - This year's competition had 21 kids participating. Fall Line
helped donated prizes for the event.
Out and About Activity Guide — Stu shared that the brochure is now equal pages of
English/Spanish.
Rosetta asked that a report be given on the Boys and Girls Club at the next meeting.
Tony asked what the ages for the Youth Advisory Board were. Stu replied 8 1h through 12
grades.
Parks and Facilities — Jim Row
Jim took the opportunity to introduced Martin Warner, Urban Services & Transit Division
Manager who was recently assigned the responsibility of park maintenance. Jim reported that
they have been working closely together to formalize and improve the coordination between
Community Services and Grounds Maintenance. Jim went on to explain that Community
Services Department is responsible for recreation programming, park planning and
development and park maintenance is responsible for maintaining Woodburn's numerous
parks. He then stated that since both departments share some overlapping responsibilities, it
is very important that we work closely together in order to ensure that we meet our obligation
to provide excellent parks and recreation services to the public.
Mill Creek Greenway Proiect
Construction resumed in July, and you can now walk/ run the trail around the pond up to
Deer Run St. One of the few items that remains is construction of the wildlife observation
platform, which will occur very soon. Jim reported that there was an Oregon Ash tree
immediately adjacent to the platform that was found to be in a poor and hazardous condition.
Because of safety concerns, the tree was immediately removed. Jim indicated that a
replacement would be planted. If the project is completed soon, we would like to do a ribbon
cutting and dedication this fall.
Downtown Plaza portable restroom
Jim informed the Board that the portable restroom which has been temporarily placed in
Downtown Plaza has received heavy use and, as of yet, has not been subjected to graffiti or
vandalism. We will continue to monitor its use, and at some point will ask the City Council
to determine whether or not a permanent restroom enclosure should be constructed at the
Plaza. Joseph asked if the vacant business across the street from the plaza could be
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City of Woodburn
Recreation and Park Board Minutes ' '`` r-
September 13, 2011 • 6:30 p.m.
WO ODBULkN
purchased and used as the new enclosure. Rosetta asked about ADA requirements pertaining
to portable restrooms.
Martin Warner, Urban Services and Transit Division Manager
Martin complimented the department on revisions to the park facility rental agreement. He
stated that the responsibility for grounds maintenance has been moved from Public Works
Maintenance Division to Urban Services and Transit Division. Since then, he has been
getting up to speed with everything related to parks maintenance. He is currently working
with an Eagle Scout candidate on greenway sign and hopes that it will soon be completed.
He is becoming more familiar with the Adopt -A -Park program and is excited to move it
forward. He expressed his commitment to better understand the needs of the parks,
Community Services and the Park Board.
Historic Locomotive — Jim reported that Frank Scheer, Oregonian Railway Historical
Society member and committed volunteer has done a significant amount of work over the
years to help restore the historic 1785 Locomotive Engine. On September 9 and 10, his
contributions were recognized as many attendees of the Southern Pacific Technical and
Historical Society's annual conference gathered in Woodburn to view the 1785. Jim said that
he was really impressed by the group's passion, knowledge, and dedication to preservation
historic locomotives. Rosetta stated that she would like to see school field trips to the
historic locomotive. Jim agreed and said they have already begun discussion options for
bringing school groups out to view the locomotive and learn about its history.
7. FUTURE BOARD BUSINESS
Boys and Girls Club presentation
8. BOARD COMMENTS
Claudia — YAB is planning a recruitment parry and will hand out flyers at school and post on
Facebook. They have 16 members, but only 9 participate on regular basis. They provide a
scholarship program for one senior. Rosetta suggested using public broadcast to market the
Youth Board message out.
Tony — asked Jim to clarify the roles and responsibilities of the Recreation and Park Board.
Jim discussed the fact that the Board was created and is governed by ordinance. Members
are appointed to 4 year terms by the Mayor and the City Council and are charged with
advising the Mayor, City Council, and Community Services Director on matters relating to
parks and recreation. Jim shared that the Council receives copies of the Board's meeting
minutes. The Park Board can also choose to address the Council by speaking at Council
meetings or by submitting written communication.
Tony also asked if there had been any injuries in the programs. Stu replied that there had not
been any significant injuries this year.
Rosetta stated that often times recommendations made by the Park Board to the City Council
are given strong consideration. She thanked everyone for their hard work.
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City of Woodburn
Recreation and Park Board Minutes
September 13, 2011 • 6:30 p.m.
9. ADJOURNMENT
The meeting was adjourned at 7:25pm
Joseph Nicoletti, Board Secretary
Date
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'N
WOODBUR
Paulette Zastoupil, Recording Secretary
Date
10
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October 10, 2011
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Nuisance Ordinance Amendment for Natural Areas
RECOMMENDATION
Adopt the ordinance.
BACKGROUND:
During the tall grass season, the City Council expressed a desire to "fine tune"
the Nuisance Ordinance to address wild natural areas within the City. The issue
was regarding City practice versus tall grass regulations in the Ordinance.
Technically speaking, the City's current Nuisance Ordinance prohibits grass,
brush or weeds taller than 10 inches from May through September. The only
exception to this contained in the current ordinance is for vegetation that
constitutes an agricultural crop, unless that vegetation is a health hazard or a
fire or traffic hazard.
DISCUSSION:
In an effort to address the City Council's concerns, an ordinance amendment
was drafted to exclude environmentally sensitive or vegetated corridor unless
that vegetation is a health hazard or a fire or traffic hazard. Also, the City
Administrator (who has ordinance enforcement responsibility under the
Woodburn Charter) will be given the authority to issue Administrative Orders with
Findings exempting specified property from the application of the Ordinance.
Specifically, the ordinance amendment modifies Section 5, Noxious Vegetation,
to add new sections D, E, F, and G.
FINANCIAL IMPACT
None.
Agenda Item Review: City Administrator _x_ City Attorney _x
Finance
11
COUNCIL BILL NO. 2876
ORDINANCE NO. 2481
AN ORDINANCE AMENDING ORDINANCE 2338 (THE NUISANCE ORDINANCE)
TO CLARIFY THE CITY'S TREATMENT OF WILD NATURAL AREAS
WHEREAS, Ordinance 2338 (the Nuisance Ordinance) generally prohibits
noxious vegetation between May 1 and September 30 of any year; and
WHEREAS, certain real property located in the City consists of wild natural
areas where mowing is not practical, necessary or expected, and
WHEREAS, not mowing these wild natural areas could be construed to
violate the existing language of the Ordinance; and
WHEREAS, amending Ordinance 2338, as provided herein, will clarify the
City's treatment of these wild natural areas and eliminate the Ordinance
violation issues; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 5 of Ordinance 2338 (the Nuisance Ordinance) is
amended to read as follows:
Section 5. Noxious Vegetation.
A. The term "noxious vegetation" means:
Weeds more than ten inches high;
2. Grass more than ten inches high;
3. Poison oak, poison ivy, or similar vegetation;
4. Berry vines and bushes that extend into a public right-of-
"
B. Between May 1 and September 30 of any year, no owner or
responsible party shall allow noxious vegetation to be on the property or in the
right -of -way of a public thoroughfare abutting on the property. The owner or
responsible party shall cut down or destroy grass, shrubbery, brush, bushes,
weeds or other noxious vegetation as often as needed to prevent them from
Page 1 - Council Bill No. 2876
Ordinance No. 2481
12
becoming unsightly or, in the case of weeds or other noxious vegetation, from
maturing or from going to seed.
C. The term "noxious vegetation" does not include vegetation that
constitutes an agricultural crop, unless that vegetation is a health hazard or a
fire or traffic hazard.
D. The term "noxious vegetation" does not include vegetation that is
located in environmentally sensitive or vegetated corridor areas unless that
vegetation is a health hazard or a fire or traffic hazard. Exclusion of these
areas from the scope of this Ordinance is intended to prevent or reduce
adverse impacts to the drainage system and water resources and in
combination with other state and federal laws protect the beneficial uses of
waters within the Pudding River Basin.
E. The term "noxious vegetation" does not include vegetation
growing on real property where the City Administrator by Administrative Order
has issued an exemption to this Ordinance. An Administrative Order
concluding that real property is exempt from this Ordinance shall be justified
by appropriate Findings and provided to the City Council by the City
Administrator, as information, by placement on the City Council Consent
Agenda.
F. The City Administrator may issue Administrative Orders with
Findings for City -owned real property that should be exempt from noxious
vegetation requirements.
G. The City Administrator may consider applications for
Administrative Orders with Findings from the owners of real property not owned
by the City who believe that their property should be exempt from noxious
vegetation requirements.
Approved as to form:
City Attorney
Approved:
Date
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Page 1 - Council Bill No. 2876
Ordinance No. 2481
13
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2876
Ordinance No. 2481
14
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October 10, 2011
TO: Honorable Mayor and City Council
FROM: N. Robert Shields, City Attorney
SUBJECT: Updating Definition of Telecommunication Services under
Telecommunications Ordinance
RECOMMENDATION
Adopt the ordinance.
BACKGROUND
Under the authority of Ordinance 2284 (the Telecommunications Ordinance),
the City regulates telecommunications facilities that operate in the City right -of-
ways. The Telecommunications Ordinance was modeled on an ordinance
drafted by the League of Oregon Cities. It was adopted in Woodburn in 2001
and also in many other Oregon cities.
DISCUSSION:
Since the original adoption of the Telecommunications Ordinance, there have
been numerous advances in telecommunications technology. These advances
have literally changed the meaning of telecommunications. Based upon this,
the City has recently been advised by the original drafters of the
Telecommunications Ordinance to update the definition of
"Telecommunications Service." For the City Council's information, the existing
ordnance language is as follows:
''Telecommunications service'' means two -way switched access
and transport of voice communications but does not include:
a) services provided by radio common carrier, b) one -way
transmission of television signals, c) surveying, d) private
telecommunications networks, or e) communications of the
customer which take place on the customer side of on- premises
equipment.
Agenda Item Review: City Administrator _x_ City Attorney _x_
Finance
15
Honorable Mayor and City Council
October 10, 2011
Page 2
The proposed update to the ordinance redefines the term "Telecommunications
Service" so that it embraces the current technology and is consistent with state
and federal law:
"Telecommunications Service" means any service provided for the
purpose of the transmission of information, including, but not limited
to voice, video or data, without regard to the transmission medium
or protocol employed, and whether or not the transmission medium
is owned by the provider itself. Telecommunication service includes
all forms of telephone services and voice, video, data or
information transport, but does not include: (1) cable service; (2)
open video system service, as defined in 47 C.F.R. 76, (3) private
communications system services provided without using the public
rights of way; (4) over - the -air radio or television broadcasting to the
public -at -large from facilities licensed by the Federal
Communications Commission or any successor thereto, (5) direct -
to -home satellite service within the meaning of Section 602 of the
Telecommunications Act; and (6) commercial mobile radio services
as defined in 47 C.F.R. 20."
A second, less important, change is that the definition of "Telecommunications"
(which is not used in the Ordinance) is eliminated.
An emergency clause was added to the Ordinance because it needs to be
immediately updated so that the pending telecommunications franchise
negotiations can proceed.
FINANCIAL IMPACT
None.
16
COUNCIL BILL NO. 2877
ORDINANCE NO. 2482
AN ORDINANCE AMENDING AND UPDATING ORDINANCE 2284 (THE
TELECOMMUNICATIONS ORDINANCE) AND DECLARING AN EMERGENCY
WHEREAS, the City of Woodburn regulates telecommunication facilities
that operate in City right -of -way as set forth in Ordinance 2284 ( "the
Telecommunications Ordinance "), and
WHEREAS, the Telecommunications Ordinance was originally adopted by
the City in 2001, and
WHEREAS, since the adoption of the original Telecommunications
Ordinance there have been numerous advancements in technology, and
WHEREAS, it is necessary to update the definition of telecommunications
service, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 2 (23) of Ordinance 2284 ( "Telecommunications ") is
deleted.
Section 2. Section 2 (26) of Ordinance 2284 ( "Telecommunications
Service ") is amended to read as follows:
"Telecommunications Service" means any service provided for the
purpose of the transmission of information, including, but not limited
to voice, video or data, without regard to the transmission medium
or protocol employed, and whether or not the transmission medium
is owned by the provider itself. Telecommunication service includes
all forms of telephone services and voice, video, data or
information transport, but does not include: (1) cable service; (2)
open video system service, as defined in 47 C.F.R. 76; (3) private
communications system services provided without using the public
rights of way, (4) over - the -air radio or television broadcasting to the
public -at -large from facilities licensed by the Federal
Communications Commission or any successor thereto, (5) direct -
to -home satellite service within the meaning of Section 602 of the
Telecommunications Act, and (6) commercial mobile radio services
as defined in 47 C.F.R. 20."
Page 1 - Council Bill No. 2877
Ordinance No. 2482
17
Section 3. Section 2 of Ordinance 2284 shall be renumbered based upon
the amendments made in Sections 1 and 2 above.
Section 4. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health, and safety so that
telecommunications franchise negotiations can proceed, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage of the Council and approval by the Mayor.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2877
Ordinance No. 2482
18
I
oOBuR
October 10, 2011
TO: Honorable Mayor and City Council
FROM: Jim Row, Community Services Director
SUBJECT: Appraisal of Property Potentially Donated to City
RECOMMENDATION
Approve the appraisal of 2.4 acres of property that Immanuel Lutheran Church
proposes to donate to the City for use as a public park.
BACKGROUND
For the past couple of years, City staff and representatives of Immanuel
Lutheran Church have been discussing a potential partnership to develop and
operate public park amenities on a portion of Church owned property.
In 2006, the Church purchased 8.1 acres at the southeast corner of Evergreen
Rd and Linfield Ave. They have developed preliminary plans to develop the site,
including a new church building, parking facilities, and outdoor park amenities,
including walking paths, a gazebo, and a soccer field they would like to make
accessible to the general public. Originally, the Church approached the City to
discuss a potential partnership, in which they would develop the soccer field on
the eastern portion of the site, with the City accepting responsibility for irrigating
and maintaining the facility. In return, the City would be provided with the rights
to utilize the soccer field to allow public access and use by City recreation
programs.
More recently, however, the City proposed that the Church consider dedicating
the area to be developed as a soccer field (approximately 2.4 acres) to the City
in exchange for the City providing services and crediting development fees of
commensurate value. Staff believes this approach will provide increased
benefits to both parties. Following this approach, the City can apply the value
of the donated property as a match for park development grant funds and
develop the soccer field to City park standards. The Church will then reprogram
the funds that were earmarked for soccer field development costs toward the
remainder of their project, which will advance their timeline for completion. The
Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance —x-
19
Honorable Mayor and City Council
October 10, 2011
Page 2
Church will also realize potentially significant savings resulting from credited
system development fees. Of course, this approach will require the Church to
relinquish ownership and control of that portion of their property. The Church's
building team is supportive of this approach. Once details have been
developed and an agreement proposed, the Church Council must approve it
and will likely send it to the entire congregation for a vote.
DISCUSSION
A property appraisal must be conducted to determine the value of the
donated property and resulting credits to be provided to the Church. In order
for the value of the property to be considered a qualifying match for State of
Oregon administered park development grant funding, the appraisal must be
conducted in conformance with Uniform Appraisal Standards for Federal Land
Acquisitions, also known as a "Yellow Book Appraisal ". Few appraisal firms are
qualified to conduct "Yellow Book" appraisals, and the cost of these appraisals
is relatively high ($6,500).
Once the appraisal is completed, a package of development credits will be
prepared and presented to the City Council for approval. This potential
partnership with Immanuel Lutheran Church could provide a significant benefit
the City. This area of Woodburn has grown significantly in recent years, and as
the 2009 Parks and Recreation Master Plan notes, is badly in need of parkland.
Of the three new park locations recommended by the Master Plan, this area is
noted as the highest priority. This project would be made even more valuable if
the City were able to eventually acquire adjacent property which could be
added to the park.
FINANCIAL IMPACT
Funding for the $6,500 appraisal cost is included in the Parks System
Development Charges budget. The cost to implement the remainder of the
project is currently unknown.
Attachments
Immanuel Lutheran Church Interim Site Plan - September 8, 2011
20
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