01-28-2013 - AgendaCITY OF WOODBURN
KATHRYN COUNCILOR MAYOR
HORST RAUSTEIN, COUNCILOR WARD J
LISA ELLSWORTH, COUNCILOR WARD II
CITY COUNCIL AGENDA
PETER COUNCILOR III
JAMES COX, COUNCILOR WARD IV
JAMES COX, COUNCILOR RD
FRANK LONERGAN, COUNCILOR WARD V
q
JANUARY 28, 201 3 - 7:00 P.M.
ERIC MORRIS, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS -270 MONTGOMERY STREET
CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
None.
Appointments
None
4. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Downtown Woodburn Unidos
B. Woodburn School District
5. PROCLAMATIONS /PRESENTATIONS
Proclamations
None
Presentations
A. 2011 -2012 Audit
6. COMMUNICATIONS
None.
BUSINESS FROM THE PUBLIC - This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
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January 28, 2013 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 January 14, 2013 2
Recommended Action Approve the minutes.
B. Woodburn Library Board minutes of January 9, 2013
Recommended Action: Accept the minutes.
C. Pro Tem Judge 8
Recommended Action Approve the appointment.
D. Crime Statistics through December 2012
Recommended Action Receive the report
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
11
A. Council Bill No. 2917 - An Ordinance Granting a Zone is
Change on the Property Located at 3001 Newberg Highway
in order to Remove a Special Operating Condition and to
Allow any use that is Permitted in the Commercial General
(CG) Zone
Recommended Action Adopt the Ordinance.
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.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
January 28, 2013 Council Agenda Page ii
15. ADJOURNMENT
January 28, 2013 Council Agenda Page ill
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January 28, 2013
TO: Mayor and City Council through City Administrator
FROM: Christina Shearer, Finance Director
SUBJECT: Audit Report
RECOMMENDATION
Accept report
BACKGROUND
Per state statute annual audits of municipal governments are required. Audited
financial statements provide the City Council and the public assurance that the
City is complying with accounting standards and meeting state and applicable
federal regulations. The attached 2011/12 Financial Statements meet those
requirements and are presented for your review.
DISCUSSION
The good news is that the City has received a "clean audit" with an unqualified
auditor's opinion for FY 2011/12 (which is the best opinion we could have hoped
for). Chuck Swank, Partner for the Audit firm Grove, Mueller, & Swank will be
presenting the audit results to Council at tonight's meeting.
The presentation of the FY 2011/12 audit completes the resolution of several long
outstanding challenges overcome by the City including turnover in critical staff,
locating original source documents to reconcile balances, fixed asset
corrections, preparation of audit schedules, etc. The general ledger now
reconciles to the audited financial statements, sustainable fixed asset
management procedures have been established, workpapers have been
created and are replicable year to year, and best of all, the audit was
completed and financial statements published by the statutory deadline of
December 31, 2012 for the first time in four years.
FINANCIAL IMPACT
Audit fees were budgeted as part of the adopted budget. The contracted
amount ($37,500) did not exceed amounts budgeted.
Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_
1
COUNCIL MEETING MINUTES
JANUARY 14, 2013
0:01 DATE COUNCIL CHAMBERS, CITY HALL, CPI' Y OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JANUARY 14, 2013
CONVENED The meeting convened at 7:00 p.m. with Council President McCallum
presiding. Councilor McCallum asked for a moment of silence in honor of the victims in the
Newtown and Clackamas Town Center tragedies.
ROLL CALL
Mayor Figley
Absent
Councilor Cox
Present
Councilor Lonergan
Present
Councilor McCallum
Present
Councilor Moms
Present -7:06
Councilor Raustein
Present
Councilor Ellsworth
Present
Staff Present: City Administrator Derickson, City Attorney Shields, Public Works
Director Brown, Human Resources Director Hereford, City Recorder Pierson.
0:06 ANNOUNCEMENTS
• City Hall and the Library will be closed on January 21 for Martin Luther King Jr. Day.
The Aquatic Center will be open normal hours.
COMMUNITY /GOVERNMENT REPORTS
A. Chamber of Commerce- City Administrator Derickson informed the Council that two
city employees, Marta Trinidad and Robert Prinslow, received recognition at the
Chamber of Commerce award banquet for their work in the Community. He also
informed the Council that it reached its goal of becoming debt free.
CONSENT AGENDA
A. Woodburn City Council minutes of December 10, 2012,
B. Woodburn Park Board minutes of December 11, 2012.
Lonergan/Cox... adopt the Consent Agenda.
PUBLIC HEARING - PLANNING COMMISSION RECOMMENDATION OF
McCallum opened the public hearing at 7:06 pm for the purpose of hearing public input on
Zone Change 2012 -02, located at 3001 Newberg Highway (the former Miles Chevrolet
Page 1 - Council Meeting Minutes, January 14, 2013
COUNCIL MEETING MINUTES
JANUARY 14 2013
property). Councilor Ellsworth stated that she may have an ex parte contact due to her
previously being on the Planning Commission. Economic and Community Development
Director Hendryx read the Public Hearing Statement and then provided a staff report. City
Administrator asked Director Hendryx to go over the notice requirements of the zone change
and was told that they were required to give notice to properties within 150 feet, the property
was posted with a notice and a notice was published in the paper. Aaron Ensign, 15049 Park
Ave. Aurora, stated that he is the applicant and explained to the Council that this zone
change will help make his property more productive. Councilor Lonergan asked if there
have been any inquiries and was told by Mr. Ensign that there has been some interests.
Councilor Cox asked if he has plans to remain a landlord or sell and Mr. Ensign answered
that ideally he would like to keep the property but would be willing to sell if they are unable
to make the property productive. Councilor McCallum closed the hearing at 7:22 pm.
Councilor Lonergan stated that he is in favor of this zone change and Councilor Cox
concurred. Councilor McCallum stated that he does not like vacant building and that he
appreciates the efforts in getting this one moving. Cox/Lonergan.... Approve this
application to remove the conditions on zoning and ask staff to come back to us with an
ordinance to implement this decision. On roll call vote this motion passed unanimously.
COUNCIL BILL NO. 2915 -A RESOLUTION ADOPTING UPDATES TO THE
CITY OF WOODBURN ADDENDUM TO THE MARION COUNTY MULTI -
JURISDICTIONAL NATURAL HAZARDS MITIGATION PLAN Lonergan
introduced Council Bill 2915. City Recorder Pierson read the bill by title only since there
were no objections from the Council. Economic and Development Director Hendryx
provided a staff report. On roll call vote for final passage, the bill passed unanim ously.
Councilor McCallum declared Council Bill No. 2915 duly passed.
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGRE MEN r
Lonergan introduced Council Bill 2916. City Recorder Pierson read the bill by title only
since there were no objections from the Council. Public Works Director Brown provided a
staff report. Councilor Lonergan asked what type of fencing will be used and the cost.
Director Brown answered that the cost is estimated to be around $21,000 and that they plan
on using wire type mesh fence. Councilor McCallum asked if the City will be receiving a
credit on this expense and Director Brown answered that the City will be able to deduct this
amount from the balance the City owes on the contribution to the project. Councilor
McCallum asked if the City's labor on this will be deductible and Director Brown answered
yes. Councilor Cox asked if the tree removal is 100% reimbursable and Director Brown
answered yes. Councilor Cox asked if the City has the man power to do these things within
the current budget or if they will sub out most of the work. Director Brown stated that they
will contract out for the tree work and that other work may be contracted out. He also stated
that they are dedicated to making sure the work gets completed in time for the project to
Page 2 - Council Meeting Minutes, January 14, 2013
COUNCIL MEETING MINUTES
JANUARY 14, 2013
start. Councilor Cox asked if the City gets involved in negotiations with property owners
and was told by Director Brown that is just ODOT's responsibility. Councilor Cox stated
the he may have a conflict of interest because he has a property that is going to be affected
by this. Councilor Cox said that he noticed in the agreement that the City is responsible for
the selection of alternate routes and wondered if ODOT money will help with that and
Director Brown stated that ODOT would not help pay for alternate route work outside the
project boundary. Councilor Lonergan asked about enforcement of truck traffic on the
alternate routes and stated that he would like to see ODOT step up and take care of
enforcement. Director Brown stated that it is not an ODOT enforcement issue and that the
enforcement is a burden on Marion County and they are working with Marion County on
this. Councilor Cox asked if Woodburn Police Officers could be deputized as county
sheriffs for a period of time so our own officers could enforce the law on the county roads.
Councilor McCallum asked Director Brown to keep the council updated on this issue.
Councilor Morris stated that this is an ODOT project but the City is going to be the one
tearing up people's back yards and it is going to be a PR issue for the City. Councilor
Lonergan asked what the total cost for upkeep on landscape will be and Director Brown
answered that he estimates that it will be around $60,000 a year. Councilor Lonergan asked
if that included the transit facility and was told yes. Councilor Cox asked if there was a set
number of charging stations the City had to install by a certain timeline and Director Brown
answered no, that the infrastructure for them will be put in place by ODOT but it is up to the
City when and if they want to install them. Councilor Cox asked if they will be able to
deduct contract letting and contract administration and Director Brown stated they will be
keeping track of all that and it is deductible. Councilor Morris asked if Woodburn is going
to extend their transit reach or if it will be another provider and Director Brown stated
Community Services Director Row is working on that but that nothing has been put into
place yet. Councilor Ellsworth stated that the landscaping and beautification project is
important to attract people into Woodburn. On roll call vote for final passage, the bill
passed unanimously. Councilor McCallum declared Council Bill No. 2916 duly passed.
CONTRACT AWARD FOR SEWER CLEANING TRUCK PURCHASE
Lonergan/Cox.., acting as the Local Contract Review Board, approve the contract award
for the purchase of a new sewer cleaning truck to General Equipment for a total cost of
$324,123. Motion passed unanimously.
AWARD OF CONTRACT FOR ELECTRICIAN SERVICES UNDER AN
INDEFINITE DELIVERY AND INDEFINITE QUANTITY CONTRACT
STRUCTURE Councilor Cox asked if there are already three electricians on staff and
Director Brown stated that those employees are licensed maintenance electricians and their
work needs to be verified and signed off on by a licensed electrician and the City does not
have a licensed electrician on staff. Wayne Babcock, Cam Street, suggested to the City
Council that perhaps one of the city employees could be trained to become a licensed
electrician and Director Brown stated that if one of the employees wanted to do that he
would support it but that right now we need a licensed electrician. Cox/Morris... acting as
the Local Contract Review Board, award the contract for electrician services to Boones
Page 3 - Council Meeting Minutes, January 14, 2013
COUNCIL MEETING MINUTES
JANUARY 14, 2013
Ferry Electric. Motion passed unanimously.
CITY ADMINISTRATOR'S REPORT
The City Administrator had nothing to report
MAYOR AND COUNCIL REPORTS
• Councilor Morris stated that construction efforts at the high school are still tied up in
insurance fights.
• Councilor Lonergan stated that he has concerns about the squirrel population and wants
to know if there is anything we can do to control it. City Administrator Derickson stated
that he will look into it.
8:27 ADJOURNMENT
Cox/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:27 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson, Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, January 14, 2013
5
`� City of Woodburn
Public Library Board Minutes
Woodburn Woo_N
PUBLIC LIBRARY January 9, 2013 • 6:30 p.m.
1. CALL TO ORDER
The meeting was called to order at 6:31 p.m.
2. ROLL CALL
Position
J.D. Mitchoff (12/13)
Absent
Position II
Kristen Matthews (12/13)
Present
Position III
Nancy Kirksey, President (12/13)
Present
Position IV
Neal Hawes, Vice - President (12/15)
Present
Position V
Willis Grafe (12/13)
Present
Position VI
Phyllis McKean (12/12)
Present
Position VII
Fabiola Gavina - Zavala (4/13)
Present
3. MINUTES — October 10, 2012
Neal Hawes/Phyllis McKean — Motion to accept the minutes was offered and seconded.
The motion passed unanimously.
4. BUSINESS FROM THE PUBLIC
None.
5. BOARD REPORT
None.
6. OLD BUSINESS
None.
7. NEW BUSINESS
Oregon Library Passport Program — John Hunter
John described a new statewide initiative called the Oregon Library Passport Program,
which is intended to expand library access throughout the state to folks that already have
a library card at a legally established library. The OLPP is a three -year trial program
under the auspices of the Oregon Library Association. Should the Woodburn Library
decide to participate by submitting a Shared Statement of Understanding, Woodburn's
patrons would be able to use any other participating OLPP library in Oregon at no cost.
The purpose of the program is to allow existing library patrons to use additional libraries
in locations that are convenient to them. For example, should Clackamas County also
decide to participate in the OLPP, the Woodburn Library would likely see an increase in
usage by residents of Clackamas County who live closer to the Woodburn Library than
rl
the Canby or Molalla libraries. Any increased usage of our own Library is beneficial, as it
yields a higher return on the City's investment in the Library.
Woodburn's participation in the OLPP would conform to a set of parameters aheady
agreed upon by CCRLS. OLPP patrons using CCRLS libraries would be allowed to
borrow no more than three items simultaneously. Materials borrowed from any
participating library must be returned to the same library.
Several members of the Board made positive comments about the program. It was
requested that Woodburn Library track the home libraries of any OLPP patrons who
registered at Woodburn. After general discussion of the merits of the program, Neal
Hawes moved that the Library participate in the OLPP. Kristen Matthews seconded the
motion. The Board approved the motion unanimously. John indicated that the issue
would also be considered by the city council.
8. MANAGER REPORTS
Library Statistics — October - December 2012 — John Hunter
John reviewed the quarterly statistics of Library usage. Attendance, computer use and
circulation all declined due to our decrease in open hours. This trend will continue until
the final quarter of the fiscal year, when fair comparisons will again be possible. One
positive indicator: the decrease in attendance is smaller than the decrease in open hours,
which indicates that folks may be adjusting their usage to our new schedule
Operational Update — John Hunter
John informed the board that Christine Mackie, the Library's adult services librarian for
more than a decade, resigned her position. Elvira Sanchez Kisser was promoted from an
internal recruitment and should do an excellent job. Recruitment for a new part-time
librarian is being conducted presently and should be complete by mid- February.
John also provided a report of his attendance at the International Book Fair in
Guadalajara, Jalisco. John spent the majority of the Library's foreign language budget on
books, DVDs and music CDs for adult patrons. The generous subsidy provided by the
American Library Association and the opportunity for John to practice his Spanish are
compelling features of this program
Friends of the Library Report — John Hunter
The Friends met prior to the Library Board meeting to discuss future opportunities to
participate in Library programs.
9. FUTURE BOARD BUSINESS
Next scheduled meeting is April 10, 2013.
10. ADJOURNMENT
Neal Hawes / Phyllis McKean — Motion to adjourn meeting and seconded at 7:15 p.m.
7
W DBURN ��
tnre,p,.<rre raxr
January 28, 2013
TO: Honorable Mayor and City Council
FROM: Judge Zyryanoff
SUBJECT: Pro Tern Judge
RECOMMENDATION
f v
Approve Lori L. Coukoulis, Bar #902397 to serve as Pro Tern Judge for a period of
2 years.
DISCUSSION
Pursuant to Ordinance 2428 the City Council delegated its authority to appoint
Municipal Judges Pro Tern to the Municipal Judge but also created a process
where the City Council is advised of all appointments and resignations. Carl
Myers previously acted as Municipal Judge Pro Tem, and his term has expired.
As needs arise, Ms. Coukoulis will be available to assist the Municipal Court. Her
resume is attached.
Agenda Item Review: City Administrator _x_
City Attorney _x_ Finance _x_
n
LORI L. COUKOULIS
5659 Moonstone Loop S.E. • Salem, Oregon 97306
P: (503) 472 -5674 • F: (503) 474 -0389 • lcoukoulis @gmail.com
EXPERIENCE
Sole Practitioner, McMinnville, Oregon
1996 — Present
• Practices criminal defense of "A," "B," and "C" felonies; "A," "B," and "C"
misdemeanors; Measure I 1 cases; and is murder qualified.
• Handles domestic relations and family law matters, including custody, child support, and
parenting time cases.
• Handles traffic matters, wills and durable powers of attorney, and personal injury cases.
Hubbard and Dundee Counties, Oregon
City Prosecutor, 1996 — Present
Yamhill County District Attorney's Office, Yamhill County, Oregon
Assistant District Attorney, 1993 —1996
• Prosecuted "A," `B," and "C" class felonies, Measure 11, and all misdemeanors.
• Engaged in sentencing, probation violations, grand jury hearings, contempt hearings, and
juvenile proceedings.
• Handled pre -trial negotiations, preparations, and motions.
• Interviewed victims, witnesses, and defendants.
• Prepared judgment and probation violation orders.
Curry County District Attorney's Office, Curry County, Oregon
Assistant District Attorney, 1991 — 1993
• Prosecuted `B" and "C" class felonies and misdemeanor, traffic, and violation cases.
• Engaged in sentencing, probation violations, grand jury hearings, contempt hearings, and
juvenile proceedings.
• Handled pre -trial negotiations, preparations, and motions.
• Interviewed victims, witnesses, and defendants.
Prepared judgment and probation violation orders.
The Honorable Robert J. Morgan, Clackamas County Circuit Court, Oregon City, Oregon
Judicial Clerk, 1988 —1991
• Researched and analyzed civil and criminal legal issues and wrote legal memos.
• Handled all evidence and court files and organized daily court proceedings.
Trained staff, served as bailiff, and coordinated juries.
M
The Honorable Richard J. Burke, Multnomah County Circuit Court, Portland, Oregon
Judicial Clerk, 1987 —1988
• Researched and analyzed legal issues and wrote related briefs and memos.
• Handled all evidence and court files and organized daily court proceedings.
• Trained staff, served as bailiff, and coordinated juries.
Steven Paygr, Attorney at Law, Portland, Oregon
Law Clerk, 1983 —1987
• Researched and analyzed legal issues, wrote legal briefs, conducted investigations, and
handled pre -trial preparations.
Ledwidge & Ledwidge, Attorneys at Law, Portland, Oregon
Law Clerk, 1986 —1987
Steve Moen, Attorney at Law, Portland, Oregon
Law Clerk, 1986 —1987
EDUCATION
Northwestern School of Law, Lewis & Clark College, Portland, Oregon
Juris Doctor, 1987
• Lewis & Clark Legal Clinic
Queens College of Law, University of Oxford, Oxford, England
Study Abroad Program, 1986
University of Oregon, Eugene, Oregon
Bachelor of Arts, English and Literature, 1982
• Honors: Outstanding English Literature Student
BAR ADMISSIONS
Supreme Court of Oregon 1990
U.S. District Court for the District of Oregon 1991
PROFESSIONAL ASSOCIATIONS
Oregon State Bar Association 1990 — Present
Yamhill County Bar Association 1993 — Present
Former President
Former Yamhill County Peer Court Judge
Former Yamhill - Carlton Mock Trial Coach
Liaison for District 12 to Senator Brian Boquist 2010 — Present
Board Member, Yamhill County Justice Alliance Center 2011 — Present
Yamhill County Circuit Court Safety Committee 1993-1996
Curry County Bar Association 1991-1993
10
1/22/2013 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2012
Page 1 of 2
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Page 1 of 2
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1122'2013 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
JANUARY THRU DECEMBER 2012
2011 Total
186
15
9
18
20
20
17
13
16
12
14
12
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2010 Total
155
14
127
127
12
13
13
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2011 Total
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15
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18
20
20
17
13
16
12
14
12
14
2010 Total
155
14
127
127
12
13
13
11
12
1361
120
143
13
2000
ism
1200
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400
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Page 2 of 2
Arrests / Year
12
2012 Total
2010 2011 2012
Year
1/22/2013 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2012
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Page 1 of 2 13
1/22/2013 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
JANUARY THRU DECEMBER 2012
ROBBERY -OTHER
Total
an
Feb
0
ar
r
Ma
1 1
un
ul
u
Sep
Oct
Nov
Dec
1 1
ROBBERY- RESIDENCE
1
1
0
RUNAWAY
4
1
2
1
SEX CRIME - EXPOSER
1
0
1
SEX CRIME - FORCIBLE SODOMY
0
1
0
0
SEX CRIME - MOLEST (PHYSICAL)
2
0
3
1
1
1
SEX CRIME - NON -FORCE RAPE
1
0
1
0
EX CRIME - OBSCENE PHONE CALL
1
0
ol
1 1
0
SEX CRIME - OTHER
1
q
0
SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL
0
1 0
11
1 1
1 1
0
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT
1
0
1
0 0
1 1
0
STALKER
0
0
1
1
STOLEN PROPERTY- RECEIVING, BUYING,POSSESSING
1
0 1
1
1
1
1
1
SUICIDE
1
1
1
0
HEFT - BICYCLE
3
1
0
1
1
HEFT - BUILDING
4
1
HEFT - COIN OP MACHINE
1
1
1
1
1
0
HEFT - FROM MOTOR VEHICLE
14
9
11
9
1
11
1
2
2
3
HEFT- MOTOR VEHICLE PARTS /ACCESSORIES
2
1
1
HEFT - OTHER
211
1
1
2
16
2
2
2
2
11
1
1
HEFT - PICKPOCKET
1
1
1
1
1
HEFT - PURSE SNATCH
1
1
1
HEFT - SHOPLIFT
18
8
1
1
1
20
1
1
1
1
21
1
21
RAFFIC ORDINANCES
0 1
n
RAFFIC VIOLATIONS
14
6
1
21
1
1
11
2
1
1
RESPASS
6
7
7
1
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE
5
1
1
1
1
1
21
ANDALISM
27
32
2
1
14
1
4A
1
4
21
1
1
1
EHICLE RECOVERD FOR OTHER AGENCY
1
1
1
1
0
1
1
i ll
q1
ARRANT ARREST FOR OUR AGENCY
10
5
1
1
1
1
1
11
EAPON - CARRY CONCEALED
1
1
1
0
1
1
1
EAPON - EX FELON IN POSSESSION
1
EAPON - POSSESS ILLEGAL
1
3
1
11
01
R
1
1
ILLFUL MURDER
1
1
0
0
Total
eb
Mar
A r
May
Jun
Jul
Au
Se
Oct
Nov
Dec
2012 Total
3,19
V24§
4
23
261
2
264
2611
313
28
24q
299
299
7 2011 Total 2 78 20 1 22 25 29 27 22 228 20 24 19 23
2010 Total 2,92 321 22 28 21 28 25 19 231 238 20 22 25
9�
9000
3500
N
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2
500
O
1000
sw
Offenses /Year
Page 2 of 2 14
2010 2011 2012
YE R
Ag444 1xeri.
le<or,nare l[J 1589
January 28, 2013
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: Ordinance implementing Zone Change 2012 -02, located at 3001
Newberg Highway (the former Miles Chevrolet property)
RECOMMENDATION
Adopt the Ordinance.
BACKGR
In 1995 the property was rezoned with a condition that "The zone change
approved herein shall allow only vehicle and vehicular related type sales and
service. No other retail type uses shall be allowed without first obtaining
approval thereof through the zone change process." The applicant now seeks
to remove that condition of approval and allow the property to be
redeveloped with any use listed in the CG zone. The Planning Commission
conducted a public hearing on November 29, 2012 and forwarded it the
Council with a unanimous recommendation of approval. The Council held a
public hearing on January 14, 2013 and directed Staff to prepare an Ordinance
effecting the zone change.
DISCUSSION:
None.
FINANCIAL IMPACT
This decision is anticipated to have no public sector financial impact to the City.
ATTACHMENTS:
Ordinance No. 2499
Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance x_
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COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
AN ORDINANCE GRANTING A ZONE CHANGE ON THE PROPERTY LOCATED AT
3001 NEWBERG HIGHWAY IN ORDER TO REMOVE A SPECIAL OPERATING
CONDITION AND TO ALLOW ANY USE THAT IS PERMITTED IN THE COMMERCIAL
GENERAL (CG) ZONE
WHEREAS, in 1995 the City Council adopted Ordinance 2141, which
rezoned the below described Subject Property from Commercial Office (CO) to
Commercial Retail (CR) and further restricted the use of the Subject Property by
the imposition of Special Operating Condition H1 as follows:
"The zone change approved herein shall allow only vehicle and
vehicular related type sales and service. No other retail type uses
shall be allowed without first obtaining approval thereof through the
zone change process."
and;
WHEREAS, when the Woodburn Development Ordinance was adopted in
2002 it changed the Commercial Retail (CR) zone designation to Commercial
General (CG); and
WHEREAS, the applicant has requested that the below described Subject
Property be rezoned to remove Special Operating Conditions Hl and allow any
use listed in the CG zone; and
WHEREAS, the Woodburn Planning Commission conducted a public
hearing on the application on November 29, 2012 and forwarded to the City
Council a recommendation of approval; and
WHEREAS, the City Council conducted a public hearing on the
application on January 14, 2013 and tentatively approved it, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the Subject Property is located at 3001 Newberg Highway,
Tax Lot 052W I2BC06600 and is shown in Exhibit A attached hereto.
Section 2. That Special Operating Condition H 1 is removed as a restriction
on the use of the Subject Property and the zone designation of the Subject
Property shall be Commercial General (CG) with all uses allowed which are
currently permitted in the Commercial General (CG) zone.
Page I — COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
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Section 3. That this zone change is approved based upon the
Findings and Conclusions contained in Exhibit B attached hereto.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Attest:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 — COUNCIL BILL NO. 2917
ORDINANCE NO. 2499
EVA
Exhibit "A"
Subject property
Zoning map with the subject property outlined
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Exhibit "B"
WO=N
lv <:
Department of Economic and
Development Services
Planning Division
CITY COUNCIL STAFF REPORT
PUBLIC HEARING
Application Types
Type IV Modification of Conditions / Zone Change
Application Numbers
ZC 2012 -02
Project Description
The applicant requests modification of a Condition of Approval for
Zone Change 1994 -02 to allow any use listed in the CG zone.
Project Location
3001 Newberg Highway, tax lot 052W 12BC06600
Zoning
Commercial General (CG), restricted to vehicle and vehicular
related sales and service by Ordinance 2141
Applicant/Representative
Ensign 1993 Trust / Angelo Planning Group
Property Owner
Ensign 1993 Trust
Planner Assigned
Don Dolenc, Associate Planner
Application Received
October 18, 2012
Application Complete
November 5, 2012
120 -Day Deadline
March 5, 2013
Date of Staff Report
January 7, 2013
Date of Public Hearing
January 14, 2013
BACKGROUND & PROPOSAL
The most recent zoning action occurred in 1995, when the property was rezoned from Commercial
Office (CO) to Commercial Retail (CR). The Commercial Retail zone was later renamed
Commercial General (CG). Ordinance 2141, which accomplished the rezone, was subject to several
conditions. Condition of Approval H.1 provided that "The zone change approved herein shall allow
only vehicle and vehicular related type sales and service. No other retail type uses shall be allowed
without fast obtaining approval thereof through the zone change process." The applicant now seeks
to remove Condition of Approval H.1. The proposed change would allow any use listed in the CG
zone. The Planning Commission conducted a public hearing on November 29, 2012, and voted
unanimously to forward the case to the Council with a recommendation of approval.
RECOMMENDATION — Direct Staff to prepare an Ordinance effecting the zone change.
Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx
Page 1 of 5
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Exhibit `B"
APPROVAL CRITERIA
Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102,
1.103, 2.101, 2.106, 2.116, 4.102, and 5.104. Additional relevant criteria are the provisions of
Ordinance 2141.
ANALYSIS AND FINDINGS OF FACT
WDO Z106 Commercial General (CG) District Standards
Findings Sections 2.106.01 -04 list the uses allowed in the CG zone. Under the conditional zoning
of Ordinance 2141, the allowed uses are restricted to vehicle and vehicle- related sales and service.
The proposed modification would remove this restriction and allow the property to be used for any
of the uses listed in Sections 2.106.01 -04 (see Exhibit E for the currently listed uses).
Measure 56 notice
Findings Ballot Measure 56 (codified as ORS 227.186) requires the property owner to be notified
of rezoning that restricts the allowed uses of the property. In this case, the property owner initiated
the application. The request is to expand, not restrict, the uses allowed on the property.
Conclusion Measure 56 notice is not required for this application.
Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 2 of 5
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Exhibit "B"
WDO 2.116 Interchange Management Area (IMA) Overlay District
Findings Section 2.116.03 states that the provisions of Section 2.116 apply to all Type II - V land
use applications that propose to allow development that will generate more than 20 peak hour
vehicle trips on parcels identified in Table 2.116.1. The provisions of Section 2.116.07 apply to all
properties within the boundary of the IMA.
The property was developed at the time the IMA was adopted, so the subject property (tax lot
052W 12BC06600) is not identified in Table 2.116.1 and is not included in the maximum peak hour
vehicle trip limitation.
Table
2.116.1 Vehicle Tri Bud et
by Parcel Parcel nun
et
Assessor Map and
Applicable Comprehensive
Vacant
Maximum Peak
Tax Lot Number
Plan Designation
Buildable Acres
Hour Vehicle Trips
052W1100300
SWIR
88
968
052W13 01100
052W1401500
SWIR
96
1056
052W14 01600
052W1400200
SWIR
22
242
052W14 00600
052W14 00800
052W1400900
SWIR
109
1199
052W14 01000
052W 14 01100
052W1401200
SWIR
4
44
052W23 00100
SWIR
46
506
052W12AC 04301
Commercial
2
66
052W12C 00604
Commercial
1
33
052W 12C 00605
Commercial
3
99
052W12CO2100
Commercial
7
231
052W12CO2200
Commercial
6
198
052W12CO2300
Commercial
7
231
052W12C 02400
Commercial
2
66
052W1301600
Commercial
5
165
-- 6 - 52W14 02000
Commercial
8
264
052W 14 02100
Commercial
5
165
052W14 02300
Commercial
6
198
052W 13BD 00900
(westerly portion)
052W 13BD 01500
Nodal Commercial
9
297
052W 13BD 01600
052W 13BD 01700
052W 13BD 01800
Conclusion Section 2.116.03 does not apply the provisions of Section 2.116 to this application.
Findings Section 2.116.03 states that the provisions of Section 2.116.07 apply to all properties
within the boundary of the IMA. Section 2.116.07 states that the provisions of Section 2.116.07
Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 3 of 5
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Exhibit `B"
apply to all Comprehensive Plan Map amendments within the IMA Overlay District, except Zoning
Map amendments that result in conformance with the applicable Comprehensive Plan Map
designation. The property is designated Commercial on the Comprehensive Plan Map.
Conclusions The requested amendment results in conformance with the applicable Comprehensive
Plan Map designation. Section 2.116.07 does not apply to this application.
Note: Section 2.116.05.13 requires notification of land use decisions be sent to the Oregon
Department of Transportation in certain instances. Although the provisions of Section 2.116.05 do
not apply to this application (see the conclusions for Section 2.116.03), notice of this application
was sent to the Senior Transportation Planner of Oregon Department of Transportation Region 2.
ODOT responded "We have reviewed the application package and concur with the analysis on page
2 that concludes that the interchange overlay zone does not apply to this property. As a land use
matter, therefore, ODOT has no objection to this proposed zone change. As fixture development is
considered on the property, be aware that the property currently does not have direct access to OR
214 and no access will be permitted in the future given the proximity to the interchange
improvements."
WDO 4.102.07 Modification of Conditions
Findings Section 4.102.07 provides that a request to modify a condition of approval is to be
considered pursuant to the procedure and the standards and criteria applicable to a new application
of the type of permit or zone change that is proposed to be amended, except that the modification of
a condition limiting the use of property may only be considered as a Type IV Zoning Map Change
application. The applicant seeks to modify Condition of Approval H.1 of Ordinance 2141.
Conclusion The requested Modification of Conditions is correctly processed as a Type IV Zone
Change decision.
WDO 5.104 04 Zoning Map Change, Owner Initiated
Findings Section 5.104.04.B.I requires demonstrated need for the proposed use and the other
permitted uses within the proposed zoning designation. The requested change will allow the parcel
to more efficiently and effectively redevelop in response to existing market conditions. The
applicant's analysis of Section 5.104.04.13.1 is on pages 2 -4 of Exhibit A.
Conclusion The application complies with the requirements of Section 5.104.04.B.1.
Findings Section 5.104.04.B.2 requires demonstrated need that the subject property best meets the
need relative to other properties in the existing developable land inventory already designated with
the same zone, considering size, location, configuration, visibility and other significant attributes of
the subject property. The requested Modification of Conditions would not alter the inventory of
developable land in the Commercial General (CG) zone. The applicant's analysis of Section
5.104.04.B.2 is on page 4 of Exhibit A.
Conclusion The application complies with the requirements of Section 5.104.04.13.2.
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Exhibit "B"
Findings Section 5.104.04.B.3 requires demonstration that amendments which significantly affect
transportation facilities ensure that allowed land uses are consistent with the function, capacity, and
level of service of the facility identified in the Transportation System Plan. This shall be
accomplished by one of the following:
a. Limiting allowed land uses to be consistent with the planned function of the transportation
facility; or
b. Amending the Transportation System Plan to ensure that existing, improved, or new
transportation facilities are adequate to support the proposed land uses consistent with the
requirement of the Transportation Planning Rule; or,
c. Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes of transportation.
The applicant's analysis of Section 5.104.04.B.3 is on pages 4 -8 of Exhibit A. The applicant also
submitted a traffic study (Exhibit B) which concludes that the impacts of the proposed zone change
are not anticipated to affect the transportation system such that it would not meet the performance
standards identified in the Transportation System Plan.
Conclusion The application complies with the requirements of Section 5.104.04.B.3.
STAFF RECOMMENDATION
The Planning Division recommends that the Council direct Staff to prepare an Ordinance effecting
the zone change.
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