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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. * *Xasa9 m unetes Dmrona Paaa aptuw reasonas Qge no Eaalan Inks, nmo acaeno. Comes 2yew ai (503) 980- 2KB5. ** 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 Woo D�sv�xN L,(O /�aa rrt lcA IbR� 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 11 WWI lil WWI=�� W Mom w w . - - . - MWO owl • WWI W WWI wW,WO= WW we we INOR IN POSSESSION MW MINOR IN POSSESSION - TOBACCO W MISCELOUN—E-OUS MOTOR VEHICLE THEFT . SEW PROPERTY RECOVER FOR OTHER AGENCY W wo PROSTITUT1614 - ENGAGE IN PUBLIC HEALTH AND ORDINANCES RECKLESS DRIVING WWI RESTRAINING VIOLATION w W W W ROBBERY - BUSINESS mm =W Page 1 of 2 11 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 14 WE 2010 Total 155 14 127 127 12 13 13 11 12 1361 120 143 13 1MMM�������� r ����GT�fuFi7 �Q iF£EEi�ri� ®®UMm7��� IMMME -- f£�ilE 2011 Total 186 15 9 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 w a 800 400 0 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 III 111111111111 1111II111pill 111111111111111! 111111111p ��l7��►J flm7��E�]��� Ewe .. . Iffifts ONE��iC� . N IMI1311 . - �ONEi�i�fE���iC low we E WE ESLI M 1110 1 1111M I M�iCiE�� [DINIUMEMIE IBM Will 0- go 0 WIN Ile a 51 1 0 101 Kai El WG1;j;l KwlllllllZ%wj k III Lei LI we 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 y SUW 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_ 15 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 16 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 18 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 19 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 20 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 21 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. Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 4 of 5 22 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. Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 5 of 5 23