12-10-2012 AgendaCITY OF WOODBURN
HORST RAUSTEIN,TCOUNCFIGLEY, MAYOR
ILOR WARD
LISA ELSSWORTH, COUNCILOR WARD II
CITY G OU N C I L AG E N DA
PETER MCCALLUM, COUNCILOR WARD II I
JAMES COX, COUNCILOR WARD IV
DECEMBER 10, 2012 - 7 :00 P.M.
FRANK LONERGAN, COUNCILOR WARD V
ERIC MORRIS, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS -270 MONTGOMERY STREET
CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. OUTGOING CITY COUNCILORS PRESENTATION
4. OATH OF OFFICE AND ELECTION
A. Oath of Office for Mayor and Councilors for Wards I, II, and A.
B. Election of Council President.
5. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
A. The City Council meeting scheduled for December 24 is
cancelled due to the holiday schedule. The next City Council
meeting will take place on January 14, 2013 at 7:00 p.m.
B. Holiday Closures:
Christmas: City Hall will close at noon on December 24 and will
reopen for regular business hours on December 26. The Aquatic
Center will be closed on December 24 and 25. The Library will
close at noon on December 24 and reopen for regular business
hours on December 26.
New Year City Hall and the Library will be closed on January 1.
The Aquatic Center will be open on January 1 from 7:00 a.m. to
3:00 p.m.
Appointments
C. Library Board
D. Park Board
E. Planning Commission
F. Budget Committee
G. Mural Committee
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December 10, 2012 Council Agenda Page i
6. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
7. PROCLAMATIONS /PRESENTATIONS
Proclamations
None.
Presentations
A. Woodburn Bulldog Soccer Team
8. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
10. 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 November 12, 2012 2
Recommended Action Approve the minutes.
B. Woodburn Planning Commission minutes of October 25, 2012 5
Recommended Action Accept the minutes.
C. Woodburn Planning Commission minutes of November 8, 2012 8
Recommended Action: Accept the minutes.
D. Liquor License Additional Privilege -On /Off Premise Sales and 12
Add Partner
Recommended Action: The Woodburn City Council
recommends that the OLCC approve Additional Privilege -
On /Off Premise Sales and add partner application for Senior
Estates Golf and Country Club.
E. Certified Election Results - November 6, 2012 General Election 14
Recommended Action Accept the November 26, 2012
Abstract of Election Results from Marion County Elections.
December 10, 2012 Council Agenda Page ii
11. TABLED BUSINESS
None.
12. PUBLIC HEARINGS
None.
13. 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. 2913 - An Ordinance Amending Ordinance 19
2307 (The Willamette Broadband, LLC/ WaveDivision VII, LLC
Cable Television Franchise) to Extend said Franchise
Ordinance until March 31, 2013 and Declaring an
Emergency.
Recommended Action Adopt the ordinance amending
Ordinance 2307 (the WAVE cable television franchise) to
extend the franchise expiration date until March 31, 2013.
B. Council Bill No.2914 - An Ordinance Amending Ordinance 22
2291 (the Data Vision Communications /Data Vision, LLC
Franchise) to Extend said Franchise Ordinance until March 31,
2013 And Declaring an Emergency.
Recommended Action Adopt the ordinance amending
Ordinance 2291 (the Data Vision franchise) to extend the
franchise expiration date until March 31, 2013.
14. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
A. Planning Commission approval of cases DR 2012 -02, EXCP 2012- 25
02, PLA 2012 -03, and SIGN 2012 -038, located at 2325 N. Boones
Ferry Road (Woodburn Memory Care)
Recommended Action No action is recommended. This item is
placed before the Council for information purposes, in
compliance with the Woodburn Development Ordinance. The
Council may call up this item for review if it desires.
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
December 10, 2012 Council Agenda pa iii
17. ADJOURNMENT
December 10, 2012 Council Agenda Page iv
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December 5, 2012
TO: City Council
FROM: Kathy Figley, Mayor
SUBJECT: Committee Appointments
The following appointment are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, December 10, 2012. No reply is required if you approve of my
decision.
✓ Library Board
Position VI Phyllis McKean (reappointment)
✓ Park Board
Position VI Ardis Knout (reappointment/
Position VII Gevin Gregory (new appointment)
✓ Planning Commission
Position 1 Patti Grigorieff (reappointment)
Position 4 Erubiel Valladares (new appointment)
Position 7 Robert Carney (new appointment)
✓ Budget Committee
Position III Matt Geiger (new appointment)
Position IV Stanley Milne (reappointment)
Position VI John Reinhardt (reappointment)
Mural Committee
Lazaro Ybarro (lifelong resident and practicing artist/
Merri Berlin (active community member and holder of fine arts degree)
Colleen Vancil (President of Woodburn Art Center)
Frank Lonergan (Council representative)
Jim Cox (Council representative)
COUNCIL MEETING MINUTES
NOVEMBER 13, 2012
o:oo DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, NOVEMBER 13, 2012
CONVENED The meeting convened at 7:02 p.m. with Mayor Figley presiding.
mo ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Morris Absent
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Public Works
Director Brown, Police Chief Russell, Economic and Development Director Hendryx,
Finance Director Shearer, City Recorder Pierson
o:oi ANNOUNCEMENTS
A. The City Council Meeting scheduled for Monday, November 26 has been cancelled.
The next City Council meeting will take place on December 10 at 7:00 pm.
B. City Hall will be closed November 22 and 23 for the Thanksgiving Holiday. The
Library and Aquatic Center will be closed on November 22 but will be open normal
business hours the rest of the weekend.
C. Please join us for the Annual Mayor's Tree Lighting on Sunday, December 2. The
whole family is invited to this traditional holiday event that takes place at two
downtown locations. We'll start at the Settlemier House at 5:30 pm to light the tree and
sing some carols, led by the Dickens Carolers. We will then parade to the Downtown
Plaza by candlelight, where we will light the Plaza tree, enjoy festive entertainment, hot
chocolate, cookies, and maybe even be visited by Santa himself.
0:02 APPOINTMENTS
A. Finance Director:
City Administrator Derickson appointed Christina Shearer as Finance Director.
Pugh/McCallum..... approve the appointment of Christina Shearer as Finance Director.
The motion passed 4 -1 with Councilor Cox voting no.
B. City Recorder:
City Administrator Derickson appointed Heather Pierson as City Recorder.
Pugh / Lonergan.... approve the appointment of Heather Pierson as City Recorder. The
motion passed unanimously.
Page 1 - Council Meeting Minutes, November 13, 2012
COUNCIL MEETING MINUTES
NOVEMBER 13, 2012
0:05 PRESENTATION
Ruby Wolfer, Woodburn Area Tourism Coordinator provided Council with an update on
projects she is working on.
0a0 CONSENT AGENDA
A. Woodburn City Council minutes of October 22, 2012
B. Woodburn City Council Executive Session minutes of October 22, 2012
C. Woodburn Planning Commission minutes of October 11, 2012
D. Liquor License application for La Azteca
E. Liquor License application for Valley Pacific Floral.
McCallum/Cox ... approve the consent agenda as presented. Motion passed unanimously.
0:11 PUBLIC HEARING
Mayor Figley declared the hearing open at 7:15 pm for the purpose of hearing public input
on a Supplemental Budget. Finance Director Shearer provided a staff report. Councilor Cox
asked why we are transferring such a large amount. Director Shearer stated that transferring
it makes it so it isn't spendable without Council approval and it earmarks it for future use.
City Administrator Derickson added that it is a cleaner way to end the year and reflects
where we stand. No members of the public wished to speak in either support or opposition
of the Supplemental Budget. Mayor Figley declared the hearing closed at 7:23
0:19 COUNCIL BILL NO.2911- A RESOLUTION APPROVING TRANSFERS OF FY
2012 -2013 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET
McCallum introduced Council Bill 2911. City Recorder Pierson read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the bill
passed 4 -1 with Councilor Cox voting no. Mayor Figley declared Council Bill No. 2911 duly
passed.
0:20 COUNCIL BILL NO. 2912- A RESOLUTION AUTHORIZING EXECUTION OF A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
WOODBURN AND THE WOODBURN POLICE ASSOCIATION ( "THE WPA 79 )
2014. McCallum introduced Council Bill 2912. City Recorder Pierson read the bill by title
only since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill No. 2912 duly passed.
0:22
SHEET METAL, INC. Cox/Lonergan.... That City Council, acting as the Local Contract
Review Board, award the construction contract for the Wastewater Treatment Plant (W WTP)
Laboratory HVAC Upgrade in the amount of 559,000 to Robert Lloyd Sheet Metal, Inc. The
motion passed unanimously.
0:23 MODIFICATION OF EMPLOYMENT AGREEMENTS
Page 2 - Council Meeting Minutes, November 13, 2012
3
COUNCIL MEETING MINUTES
NOVEMBER 13, 2012
Lonergan/Pugh .... Authorize the Mayor, on behalf of the City, to modify the employment
agreements of the City Administrator and City Attorney to restore previous 457 Deferred
Compensation City match amounts. The motion passed unanimously.
0:24 PLANNING COMMISSION APPROVAL OF VAR 2012 -03, LOCATED AT
1585 N PACIFIC HIGHWAY BANK OF AMERICA ATM KIOSK)
Council declined to call this item up for review.
Council declined to call this item up for review.
0:26 CITY ADMINISTRATOR'S REPORT
The City Administrator had nothing to report.
0:26 MAYOR AND COUNCIL REPORTS
Councilor Pugh has concerns about the Welcome to Woodburn sign being removed and
would like to have it put up at City Hall. Public Works Director Brown stated that it is in
storage and that once the interchange project is complete the sign will go back up by the
Transit Center. Director Brown stated that he would look into putting it someplace else in
view of the public instead of having it in storage
Councilor McCallum thanked Councilors Pugh and Schmidt for their service on the Council.
He also brought up the subject of coal trains and would like staff to look into them and report
back to the Council.
Councilor Cox stated that he does not think we need to get involved in the coal train issue.
Mayor Figley thanked those that have served their country.
1:34 ADJOURNMENT
Pugh /Schmidt... meeting be adjourned. The motion passed 4 -1 with Councilor Schmidt
voting no. The meeting adjourned at 7:39 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, November 13, 2012
WOODBURN PLANNING COMMISSION WORKSHOP/MEETING
MINUTES
October 25, 2012
CONVENED: The Planning Commission met in a public meeting session at 7 p.m.
in the City Hall Council Chambers, with Chair Ellen Bandelow presiding.
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Chair ,� an gYgW��� Present
Vice -Chair t f � e "�' Absent
Commissioner p�rn ny ) Present
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Commissioner c",����. o�ef �" �"� Present
Commissioner Present
Commissioner Il §wo Present
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Commissioner Vacant
Staff Present: Jim Hendryx, Economic & Development Services Director
Jon Stuart, Assistant City Attorney
Don Dolenc, Associate Planner
Vicki Musser, Recording Secretary
Chair Bandelow opened the meeting at 7 pm, and led the Commissioners in the flag
salute.
Minutes
The October 11, 2012 minutes were unanimously approved.
Business from the Audience
There was none.
Communication
There was none.
Items for Action
There were none.
Public Hearing
VAR 2012 -03, 1585 N. Pacific Highway, Bank of America ATM Kiosk: "The
applicant seeks to place a walk -up ATM kiosk on a lot at the southwest corner of Mt.
Hood Avenue and N. Pacific Highway. The property is zoned Commercial General
(CG). Abutting properties are also zoned Commercial General (CG). The applicant
requests a variance to reduce the setback abutting N. Pacific Highway."
Planning Commission Meeting — October 25, 2012
Page 1 of 3
61
The property is located at the intersection of Mt Hood and 99E. The applicant proposes
to install a free - standing kiosk in one corner of the property, south of the Centro sign and
west of trees along the property border. The kiosk is a building, well within the 15 -foot
setback of 99E. If there were no encroachment, the kiosk would only require a Type 1
Design Review. The kiosk will not be manned, but simply serve as a receptacle for ATM
deposits. Planning Division staff recommends approval, subject to the following
conditions:
1. The property owner shall execute an acceptance of these conditions on a form
provided by the City.
2. The property owner shall develop and maintain the subject property in
accordance with all provisions of the WDO, whether or not addressed in the
staff review, conditions of approval, or public hearing.
3. The property shall be developed in substantial conformity to the plans
attached hereto as Exhibits A through D, except as modified by these
conditions of approval.
4. The new accessible parking space shall meet the minimum ADA required
width of 9' -0 before issuance of a building permit.
Commissioner Ellsworth asked if the kiosk might conflict with any utilities. Associate
Planner Don Dolenc said that Public Works did not note any utilities in their comments
on the variance, but if necessary, the kiosk could be moved slightly.
Applicant: Melody Herring, 9716 178 Place NE 4201, Redmond, WA 98052: The
applicant noted that there is a sewer line deep underground, but that it won't conflict with
the proposed ATM kiosk. She stated that Bank of America is well within the regulated
amount of parking. The kiosk won't affect the present landscaping. The design presented
in the staff report is typical of the kiosk proposed to be put in this location, with the door
to the south.
No one spoke on behalf of the application.
No one spoke in opposition to the application.
The Commissioners discussed the variance. The general consensus was that the proposal
was straight - forward and clear.
Motion: Commissioner Lima made a motion that VAR 2012 -03 be approved with the
standard conditions, and directed that the Chair be allowed to sign the Final Order.
Commissioner Grigorieff seconded the motion. The Commissioners voted unanimously
to approve the variance.
Planning Commission Meeting — October 25, 2012 Page 2 of 3
0
Workshop
Director Hendryx began the workshop by directing the Commission's attention to
Section 2 of the Woodburn Development Ordinance (WDO); specifically, to Section
2.105, Overlay Districts, and then proceeding on throughout the Section from there,
pausing for comments and questions. Generally, Section 2 has been reformatted and
indexed, but there are no substantive changes.
The Commission had several questions in regards to Section 2.201, Accessory Structures,
which deals with regulations for access structures such as fences, free - standing walls,
detached garages and gazebos. This section discusses the newly standardized and
simplified vision clearance requirements. The Commissioners decided that they wanted
to discuss accessory building and parking regulations for residential properties in more
detail, and these topics will be re- addressed at the next meeting. They also had various
questions about telecommunication issues, which are dealt with in Section 2.203 Specific
Conditional Uses, and which are presently allowed only in industrial zones.
Assistant City Attorney Jon Stuart noted that the WDO is primarily about immovable
land use topics. Moveable items (such as cars, boats, RV's) are basically regulated by
municipal code. Code enforcement officers work to educate the public regarding
infractions.
At the next workshop, accessory building and parking regulations will be discussed, and
then the Commission will move on to Section 3.
Items for Action
The next Planning Commission meeting is scheduled for Thursday, November 8th.
There won't be a meeting on the following regularly scheduled meeting date, November
22 "d due to Thanksgiving. The Commissioners indicated that the majority of them
would be able to attend a meeting on Thursday, November 29` at which time a land use
application would be presented.
Adjournment
Commissioner Lima made a motion that the meeting be adjourned, and Commissioner
Grigorieff seconded it. The meetin was adjourned at 8:24pm.
APPROVED — ,Q l,) 0/
Ellen Bandelow, Chair Date
r �
ATTEST
ames N.P. Hendryx Date
Economic & Development Services Director
City of Woodburn, Oregon
Planning Commission Meeting — October 25, 2012 Page 3 of 3
7
WOODBURN PLANNING COMMISSION WORKSHOP /MEETING
MINUTES
November 8, 2012
CONVENED: The Planning Commission met in a public meeting session at 7 p.m.
in the City Hall Council Chambers, with Chair Ellen Bandelow presiding.
Chair ,sy M.dBan`: TFk k rre�c���
Vice -Chair " ��� "r e� arJ ' " Present
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Commissioner �sC�rnt> Absent
Commissioner "" ''r CYtg4�leff�' Present
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Commissioner e ,' b K U Present
Commissioner llswotli�'; Present
Commissioner r`xxz�asNEw Vacant
Staff Present: Jim Hendryx, Economic & Development Services Director
Don Dolenc, Associate Planner
Vicki Musser, Recording Secretary
Chair Bandelow opened the workshop /meeting at 7 pm, and led the Commissioners in the
flag salute.
Minutes
The October 25, 2012 minutes were unanimously approved.
Business from the Audience
There was none.
Communication
Economic and Development Services Director Jim Hendryx reminded the Commission
that there is a special PC meeting on November 29th, with two possible land use
applications tentatively scheduled to be presented for a public hearing. At this time, it is
unknown whether a workshop would be held as well.
Items for Action
There were none.
Workshop
At the October 25` Planning Commission meeting, the Commissioners discussed Section
2.2 in the Woodburn Development Ordinance (WDO), and had some questions scheduled
to be revisited at tonight's meeting. One question related to residential front yard vision
clearance standard heights. Regulations for the vision clearance area have been
confusing and difficult to understand, but now there is one front yard standard of 42 ".
Planning Commission Meeting— November 8, 2012 Page 1 of 4
The Commission continued their previous discussion on lot coverage in residential
properties, which are allowed either 35 or 45% lot coverage for the primary house,
depending on the building's height. A separate 25% lot coverage of the back yard lot is
figured for any accessory bldg in the rear yard. However, a rear addition to the house
would be figured by the overall lot coverage. It was suggested that it might be easier to
do away with the current regulation regarding the 25% rear yard lot coverage, and only
use the overall lot coverage, as some jurisdictions do. The Council declined to make that
change.
Chair Bandelow pointed out that in some yards people could build what might be termed
a second house, but call it an accessory structure. She explored the idea that any
accessory building should be made to match the appearance of the existing house, as is
required in Neighborhood Conservation Overlay District (NCOD), for example.
Commissioner Piper doesn't favor people being able to use just any materials (such as
corrugated metal) when building an accessory structure.
It was decided to keep the standards the way they are at present, and revisit lot coverage
at another time.
The Commissioners had voiced questions regarding parking at the October 25 "' meeting.
The present regulation says that you have to have 2 spaces in the garage for parking, and
2 paved spaces in front of the garage, each measuring at least 10x20 for side -by -side
garage spaces. A 3 -car garage would require a 30x20 space for parking outside the
garage. The apron/access to a driveway is 24 feet standard. Chair Bandelow noted that
the apron or parking pad of many 3 -car garages is more than 24 feet. This might occur
only on long driveways, but there's nothing in the regulations that specifically states that.
Planning staff will research this and clarify the standard wording.
At present, RV's and boats may be parked beside the garage on a parking pad, but not
cars. The Commissioners discussed whether the regulation should be altered to include
cars.
Director Hendryx noted that some cities, such as Beaverton, allow car parking beside the
garage, if the parking area is screened. He noted that there are hundreds of violations to
Woodburn's parking rules, and asked the Commission if they wished to recognize that it
is an issue in the community and acknowledge it.
Chair Bandelow felt that numerous violations of the law should not be condoned,
encouraged or legalized. That being said, she stated that if Woodburn allows boats and
RV's along the side of the garage, then cars should be allowed as well on a parking pad.
She voiced some concern for the necessary back and forth driving from parking pad to
street, which could create mud holes and ruts in bad weather. Vehicles should not be
Planning Commission Meeting — November 8, 2012 Page 2 of 4
allowed to park beyond the front or rear edges of the house, and no cars should be
allowed to park in the front or back yards.
Commissioner Ellsworth noted her concerns about junked cars being seen from the street,
as well as cars in the process of being worked on. She likes the ordinance as it is,
although she would add the requirement of a privacy screen across the front of the
parking pad.
Commissioner Piper thought that would be better to have an extra car on an RV pad than
on the street or the grass, as long as it's done correctly and neatly.
Director Hendryx said the Commission appeared to be in agreement to require a privacy
fence across the front of any parking pad located by the side of a garage. At present, the
regulations only state that the parking pad must be fenced on the side. Staff will include
additional language in the hearing drafts, which have yet to be scheduled
Director Hendryx introduced the changes in Section 3 of the WDO in a PowerPoint,
noting the overall formatting changes to bring about consistency, the purpose statements
and indexes in each section. Overall readability has been improved.
In Section 3.103, it is proposed that uncovered decks not more than 30 inches above final
grade shall maintain at least a 3 foot setback from the property line or Special Setback.
The purpose of the 3 foot setback was to prevent possible fire spread during a fire.
Commissioner Piper questioned this setback, and felt that it should be at least 5 feet from
the property line, in order to create a viable fire break and leave space for fire hoses, in
necessary. The Commission generally agreed that decks 18 inches or less in height
would require a 3 ft setback.
Staff noted that railings are not required until the proposed deck is over 30 inches, though
they can be erected at any height, if the owner wishes.
In Section 3.104, Vehicular Access, current proposals for existing standards include
cross -over access agreements between businesses, as well as ODOT /Marion County
coordination.
Both Director Hendryx and Commissioner Ellsworth noted that they had gone into the
wrong business driveway in Woodburn by accident in the past, and then couldn't cross
over to their actual destination. Chair Bandelow pointed out that it is not desirable to
have cars habitually crossing over to other businesses on purpose.
In Section 3.107, Architectural Design Guidelines, Chair Bandelow voiced concern over
the exterior finish of dwellings, saying that people should use finishes that resemble the
required materials.
Planning Commission Meeting — November 8, 2012 Page 3 of 4
10
Associate Planner Dolenc noted that site -built houses have to have a garage; whereas
manufactured dwellings have the option of a carport. Chair Bandelow felt that both
housing options should have the same requirements.
The Commission reached a consensus that both site -built houses and manufactured
dwellings should have the same standards.
The next steps to be taken in furthering Sections 2 and 3 towards a final resolution
include contacting the Chamber of Commerce, having an open house, holding public
hearings, and providing notice to Department of Land Conservation and Development
(DLCD), which is a 45 day process. Planning staff plans to send out a Measure 56 notice,
or perhaps a notice to all Woodburn citizens, advising them of upcoming public hearings,
once dates are set. Director Hendryx would like to talk about a rough public hearing
schedule at next Planning Commission workshop. He wants to stage the hearings so
people can attend the specific WDO discussions they're interested in.
A separate public hearing might be held for signs, since the City Council wants to impose
a 10 year amortization period for non - conforming signs to come into compliance.
Items for Action
The next Planning Commission meeting is scheduled for Thursday, November 29th.
Adjournment
Commissioner Lima made a motion that the meeting be adjourned, and Commissioner
Ellsworth seconded it. The meeting was adjourned at 9:04pm.
APPROVED l � t � & �1�
E11en,Bandelow, Chair Date
ATTEST
es N.P. Hendryx Date
Economic &Development Services Director
City of Woodburn, Oregon
Planning Commission Meeting — November 8, 2012 Page 4 of 4
11
Woo ®N 1
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December 10, 2012
TO: Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM: Jason R. Alexander, Captain
SUBJECT: Additional Privilege -On /Off Premise Sales and Add Partner
RECOMMENDATION
The Woodburn City Council recommends that the OLCC approve Additional
Privilege -On /OFF Premise Sales and Add Partner application for Senior Estates
Golf and Country Club.
BACKGROUND
Applicant: Sharon Schaub
1048 Stanfield Rd.
Woodburn, OR 97071
503.989.8686
Applicant: Renee Hayes
45 Smith Dr.
Woodburn, OR 97071
971.267.4704
Business: Estates Golf and Country Club
1776 Country Club Rd.
Woodburn, OR 97071
503.9981.3060
Owners: Publicly Owned ran by a Board of Directors
Agenda Item Review: City Administrator _X_
City Attorney _X_ Finance —X-
12
Honorable Mayor and City Council
December 10, 2012
Page 2
License Type: On- Premise Sales - which permits beer, wine, and cider sales for
on- premise consumption only. Off Premise Sales - which permits beer, wine and
cider sales for off - premise sales.
On November 14, 2012, the Woodburn Police Department received an
application, requesting approval for Additional Privilege -On /Off Premise Sales
and Add Partner for Country Cottage Restaurant located within the Senior
Estates Golf and Country Club, located at 1776 Country Club Rd. Woodburn,
Oregon.
The Senior Estates Golf and Country Club Board of Directors have entered into
an agreement with Renee Hayes, to bring the Country Cottage Restaurant to
the Clubhouse. Senior Estates Golf and Country Club Board of Directors have
requested Renee Hayes be added to the current liquor license.
Senior Estates Golf and Country Club Board of Directors and Renee Hayes are
also requesting an on- premise liquor license, so alcohol can be served with
meals. The Country Cottage Restaurant will be open Tuesday through Saturday
from 7:OOam until 8:OOpm and Sunday from 7:OOam until S:OOpm. There will be no
lottery machines, music, pool tables, or other forms of entertainment.
DISCUSSION
The Police Department has completed a background investigation, in
connection with the OLCC, on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT
None
13
W r A tzm.
1nre,yo /SdJ
December 10, 2012
TO: Honorable Mayor and City Council through City Administrator
FROM: Heather Pierson, City Recorder
SUBJECT: CERTIFIED ELECTION RESULTS - November 6, 2012 General Election
Accept the November 26, 2012 Abstract of Election Results from Marion County
Elections and swear in successful candidates.
DISCUSSION:
Marion County Elections has provided the City with the certified results of ballots
cast within the City on the following Mayor and Council positions:
Mayor
Kathryn Figley
Write -In
Over Votes
Under Votes
Councilor -Ward II
Lisa Ellsworth
Write -In
Over Votes
Under Votes
TOTAL REGISTERED VOTERS WITHIN THE CITY: 7,668
Agenda Item Review: City Administrator _x_
City Attorney _x_ Finance _x_
14
Councilor - Ward 1
4,234
Horst Raustein
596
245
Write -In
12
01
Over Votes
0
1,699
Under Votes
373
Councilor - Ward VI
448
Eric Morris
339
13
Gevin Gregory
127
0
Write -In
8
226
Over Votes
0
Under Votes
170
TOTAL REGISTERED VOTERS WITHIN THE CITY: 7,668
Agenda Item Review: City Administrator _x_
City Attorney _x_ Finance _x_
14
Canvass Report — Total Voters — Official
Marion County, Oregon — November 6, 2012 General Election — November 06, 2012
Page 125 of 210 11/26/2012 09:35 AM
Total Number of Voters: 121,645 of 151,411 = 60.34%
Precincts Reporting 122 of 122 = 100.00%
City of Woodburn Mayor
Preclncl Blank Over Under Total Registered Percent
Ballots Votes Votes Ballots voters Turnout
Cast Cast
m ..
� 9
815
825
0
0
292
981
1,269
77.30%
659
30
689
835
0
0
175
687
924
74.35%
487
25
512
845
0
0
279
874
1,016
88.02 %
548
47
595
855
0
0
525
1,799
2,095
85.87%
1,243
31
1,274
0
1
289
1,194
1,464
80.46%
828
76
904
865
.1 1 ` 5 � .�t§^�.✓cY
0 0
mY95�YM:F: fYAHL.S.Bw. Fimaesn
739
va
644
- - -
880
._._..
73.18 %
469
36
505
I certify that the votes recorded On this abstract
correctly summarize the tally of votes cast at
the ele ction indicated.
NOV 2 6.
Date
Canvass Report — Total Voters — Official
Marion County, Oregon — November 6, 2012 General Election — November 06, 2012
Page 126 of 210 11126/2012 09:35 AM
Total Number of Voters: 121,645 of 151,411 = 80.34%
City of Woodburn Ward I Councilor
Precinct
Ballots Votes
Cast 11
Total Registered Percent
Ballots Voters Turnout
Cast
0
x
815 0 0 373 961 1,269 77.30% 596 12 608
I certify that the votes recorded on this abstract
correctly summarize the tally of votes cast at
the election indicated.
NOY 26 2011
Precincts Reporting 122 of 122 = 100.00%
I Signature of County Clerk Date of Abstract
Canvass Report — Total Voters — Official
Marion County, Oregon — November 6, 2012 General Election — November 06, 2012
Total Number of Voters: 121,645 of 151,411 = 80.34% Page 127 of 210 11126/2012 09:35 AM
Precincts Reporting 122 of 122 = 100.00%
825
City of Woodburn Ward II Councilor
clank Over FUnd.rl Total Registered Percent
'allots Votes Votes Ballots Voters Turnout r
Cast Ceat c
MU A 0
J
O 0 226 687 924 74.35% 448 13 461
n
I certify that the votes recorded on this abstract
correctly summarize the tally of votes cast at
the election indicated.
6 2012
"Oil
Canvass Report — Total Voters — Official
Marion County, Oregon — November 6, 2012 General Election — November 06, 2012
Page 128 of 210 11/26/2012 09:35 AM
Total Number of Voters: 121,645 of 151,411 = 80.34%
Precincts Reporting 122 of 122 = 100.D0%
of Woodburn Ward VI Councilor
Blan 1 U nder
11 . 0w r 11 11 Total
V otes t:, Votes Ballots
Cast Cast
Turnout
0
0
2
(
865 0 0 170 644 880 73.18% 339 127 8 474
E
recorded on uu
�+hpvoteis t-
I certify that the vo te s
correctly summarize the t of votes cast at
the election indicated.
0! 2 6 2012
nI,4 -*0V 2 6 2012
W O BU
Ag*4
i „. o.rt „e ,sei
December 10, 2012
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
N. Robert Shields, City Attorney
SUBJECT: Extension of WAVE Cable Television Franchise
RECOMMENDATION
14”.
Adopt the ordinance amending Ordinance 2307 (the WAVE cable television
franchise) to extend the franchise expiration date until March 31, 2013.
BACKGROUND/DISCUSSION-
As the City Council is aware, during the past few months, City staff has been in
franchise renewal discussions with WAVE representatives. This process is being
accomplished "in house” with the negotiating team of the City Administrator,
City Attorney, and Finance Director. Various drafts have been exchanged with
WAVE and agreement has been reached on all aspects of the all- inclusive
franchise document except for the sections concerning Community Access
Television and the maintenance of the Institutional Network. A January meeting
will be scheduled with WAVE in order to finalize these remaining sections.
Both WAVE's legal counsel and City staff request that the City Council adopt the
franchise extension ordinance.
An emergency clause is included so that WAVE can continue to operate its
cable television system during the negotiation period.
FINANCIAL IMPACT
None.
Agenda Item Review: City Administrator _x_
City Attorney _x_ Finance _x_
19
COUNCIL BILL NO. 2913
ORDINANCE NO. 2497
AN ORDINANCE AMENDING ORDINANCE 2307 (THE WILLAMETTE BROADBAND,
LLC/ WAVEDIVISION VII, LLC CABLE TELEVISION FRANCHISE) TO EXTEND SAID
FRANCHISE ORDINANCE UNTIL MARCH 31, 2013 AND DECLARING AN
EMERGENCY.
WHEREAS, Ordinance 2307 granted a franchise ( "the Existing Franchise ")
to Willamette Broadband, LLC to operate a cable television system for a 10 year
period within the corporate limits of the City of Woodburn under the terms and
conditions of the November 14, 2001 Cable Television Franchise Agreement
between the City of Woodburn, Oregon and Willamette Broadband, LLC (as
successor -in- interest to DirectLink of Oregon, Inc.); and
WHEREAS, WaveDivision VII, LLC purchased the cable television system
serving the City of Woodburn from Willamette Broadband, LLC and remained
subject to the Existing Franchise; and
WHEREAS, the parties to the Existing Franchise have been negotiating in
good faith towards renewal; and
WHEREAS, the parties now believe that it would be in their mutual interest
to extend the Existing Franchise until March 31, 2013; and
WHEREAS, a representative of WaveDivision VII, LLC has consented to this
extension of the Existing Franchise; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3 of Ordinance 2307 is amended to read as follows:
Section 3. The Franchise shall expire on March 31, 2013
Section 2. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
franchisee under the Existing Franchise is able to continue to operate a cable
television system while negotiations take place, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Approved as to form:
City Attorney
Page 1 - Council Bill No. 2913
Ordinance No. 2497
Date
20
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
/•rllZ.�fi
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2913
Ordinance No. 2497
Kathryn Figley, Mayor
21
WO
In re.; a,a l<J IfiXf
p iz,�
December 10, 2012
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
SUBJECT: Extension of Data Vision Franchise
RECOMMENDATION
Adopt the ordinance amending Ordinance 2291 (the Data Vision franchise) to
extend the franchise expiration date until March 31, 2013.
BACKGROUND /DISCUSSION
As you are aware, over the past several months, we have been finalizing a new
cable television franchise between the City and WAVE Broadband. We have
done this work "in house" and it has taken a significant amount of staff time.
At the same time as WAVE, we have also been negotiating the expiring
telecommunications franchise of Data Vision Communications. I recently had a
productive meeting with John Hoffman of Data Vision and made some progress
on finalizing this franchise. Mr. Hoffman will be following through and producing
some more information for City consideration. Since all of the information has
not yet been provided and we have been concentrating on finishing the WAVE
franchise, staff is requesting that the Data Vision franchise be continued until the
end of the next quarter, March 31, 2013.
An emergency clause is included so that Data Vision can continue to operate
during the negotiation period.
I have contacted John Hoffman, the President /CEO of Data Vision, and he
agrees with this extension.
FINANCIAL IMPACT
None.
Agenda Item Review: City Administrator _x_
City Attorney _x_ Finance _x_
22
COUNCIL BILL NO. 2914
ORDINANCE NO. 2498
AN ORDINANCE AMENDING ORDINANCE 2291 (THE DATA VISION
COMMUNICATIONS /DATA VISION, LLC FRANCHISE) TO EXTEND SAID FRANCHISE
ORDINANCE UNTIL MARCH 31, 2013 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 2291 granted a franchise ( "the Existing Franchise ")
to Data Vision Communications to place telecommunication facilities in City
right -of -way for a 10 year period within the corporate limits of the City of
Woodburn; and
WHEREAS, the parties to the Existing Franchise have been negotiating in
good faith towards renewal; and
WHEREAS, the parties now believe that it would be in their mutual interest
to extend the Existing Franchise until March 31, 2013; and
WHEREAS, a representative of Data Vision Communications, LLC has
consented to this extension of the Existing Franchise; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 4 of Ordinance 2291 is amended to read as follows:
Section 4. The Franchise shall expire on March 31, 2013
Section 2. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
Franchisee under the Existing Franchise is able to continue to operate while
negotiations take place, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage and approval by the Mayor.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Page 1 - Council Bill No. 2914
Ordinance No. 2498
23
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2914
Ordinance No. 2498
24
W DBU N
r „ru.y „nree rsei
December 10, 2012
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: Planning Commission approval of cases DR 2012 -02, EXCP 2012 -02,
PLA 2012 -03, and SIGN 2012 -038, located at 2325 N. Boones Ferry
Road (Woodburn Memory Care)
RECOMMENDATION
No action is recommended. This item is placed before the Council for
information purposes, in compliance with the Woodburn Development
Ordinance. The Council may call up this item for review if it desires.
BACKGROUND
The applicant requests a Design Review for a 26,909 square foot group care
facility with 48 beds in 28 living units, an Exception to Street Right -of -Way and
Improvement Requirements for Boones Ferry Road, a Property Line Adjustment
to relocate the property line between the two parcels, and a permit to establish
a monument sign. The property is zoned Medium Density Residential (RM). The
Planning Commission conducted a public hearing on November 29, and
approved the cases unanimously.
DISCUSSION:
None.
FINANCIAL IMPACT
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x_
25
Honorable Mayor and City Council
December 10, 2012
Page 2
Perspective drawing of the proposed memory care facility
99
Zoning map showing the subject property
Honorable Mayor and City Council
December 10, 2012
Page 3
n !!'�At
=m=e o m m m m m m
y ,
m
3 ,,,o,,.COL«
Elevation drawings of the proposed memory care facility
27