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Agenda 09/23/2013 KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD S23,2013–7:00.. EPTEMBERPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Chamber of Commerce 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6.COMMUNICATIONS None. – This allows the public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered 8.CONSENT AGENDA routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** September 23, 2013Council Agenda Page i A.Woodburn City Council minutes of September 9, 20131 Recommended Action: Approve the minutes. B.Woodburn Public Art Mural minutes of August 7, 20134 Recommended Action:Acceptthe minutes. C.Carniceria y Restaurant La Perla, INC6 Limited On-Premises Sales Recommended Action:The Woodburn City Council recommends that the OLCC approve the Limited On-Premises application for Carniceria y Restaurant La Perla, INC. Sales D.Crime Statistics through August 2013.8 Recommended Action: Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS None. –Members of thepublic wishing to comment on items of 11.GENERAL BUSINESS general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No.2936-A Resolution Adopting a Section 3 Plan to 10 Comply with 24 CFR, PART 135 of the United States Department of Housing and Urban Development Section 3 and Adopting a Limited English Proficiency Plan Recommended Action:Adopt the resolution. B.Council Bill No.2937-An Ordinance Amending the Woodburn 27 Development Ordinance; to Correct the Format of Use Tables for Industrial and Commercial Zones and Declaring an Emergency Recommended Action:Adopt the attached ordinance amending the WDO to address formatting errors which occurred with the ordinance adoption. C.Supplemental Agreement, use of Union Pacific Property Located 42 at 121 Broadway Street Recommended Action:The City Council, by motion, provide authorization for the City Administrator to enter into a Supplemental Agreement to the existing Union Pacific Lease September 23, 2013Council Agenda Page ii Agreement, Audit No. 201022, for use of additional Union Pacific Railroad property located at 121 Broadway Street. – These 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.EXECUTIVE SESSION To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). 16.ADJOURNMENT September 23, 2013Council Agenda Page iii COUNCIL MEETING MINUTES September 9, 2013 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF 0:00 MARION, STATE OF OREGON, SEPTEMBER 9, 2013. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Finance Director Shearer, Economic and Development Director Hendryx, Police Chief Russell, Human Resources Director Hereford,Interim Public Works Director Scott,Urban Renewal Manager Stowers, Communications Coordinator Horton, Executive Legal Assistant Veliz,City Recorder Pierson COMMUNITY/GOVERNMENT ORGANIZATIONS 0:03 Woodburn School District – Chuck Ransom, Woodburn School District Superintendent, provided a copy of the districts strategic plan and stated that he would like to come back to Council and have a longer discussion about the plan. Downtown Woodburn Unidos- Nikki DeBuse, President of Downtown Woodburn Unidos, provided an update on what the organization has been up to. She also invited Council to the Mexican Independence Day celebration on Sunday, September 14. Erubiel Valladares, Downtown Woodburn Unidos Board Member, provided Council with a list of projects they are going to be working on which include beautification of downtown and recognizing businesses who take care of the areas in front of their shops, putting lights in the trees by the train tracks, and planting tulips in landscape areas. PROCLAMATIONS/PRESENTATIONS 0:09 A.Fill-the-Boot Proclamation – Colleen with the Muscular Dystrophy Association thanked the Council for their support. B.Marion County Commissioners-Consolidation of Justice Courts. Marion County Commissioners Janet Carlson, Sam Brentano and Patti Milne provided a presentation on the Consolidation of the Marion County Justice Courts and provided Council with a handout of the presentation. Page 1 - Council Meeting Minutes,September 9, 2013 1 COUNCIL MEETING MINUTES September 9, 2013 CONSENT AGENDA 0:30 A. Woodburn City Council minutes of August 12, 2013, B. Woodburn Planning Commission minutes of July 25, 2013, C. Woodburn Public Art Mural minutes of June 26, 2013, D. Woodburn Public Art Mural minutes of July 10, 2013, E. Woodburn Recreation and Park Board minutes of August 13, 2013, F.Crime Statistics through July 2013, G. Public Works Director, H.Limited On-Premises Sales Fresca’s Mexican Grille. McCallum/Lonergan … adopt the Consent Agenda. The motion passed unanimously. LEGION PARK GRANT AGREEMENT 0:31 Community Services Director Row provided an overview of the project. Cox/Ellsworth… authorize the City Administrator to enter into the enclosed Local Government Grant Agreement with the Oregon Parks and Recreation Department. The $277,800 grant was awarded for the Legion Park Rehabilitation Project. PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 2013-04, LOCATED 0:51 WEST OF EVERGREEN ROAD AND NORTH OF NEWBERG HIGHWAY (COLUMBIA BANK) Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT 0:52 City Administrator Derickson had nothing to report. MAYOR AND COUNCIL REPORTS 0:52 Councilor Ellsworth mentioned that the Woodburn Kiwanis had a picnic at Legion Park to celebrate 50years of service. Councilor McCallum stated that Councilor Ellsworth did a great job setting up the Kiwanis picnic and that the Mural Committee has done an excellent job of implementation and getting that started. Councilor Lonergan stated that he would like to commend the garden group that adopted Al Cowen Park.He also stated that he had asked for an inspection of the Pix Theater and that the report came back that it was a safe building and was not causing health issues. He thanked the City for looking into it. He added that the building is still a blight on the City and he would like to see the owner fix it up. Councilor Alonso Leon thanked those in attendance and reminded people that the City has interpreters for non -English speakers who may want to come to the Council meetings. ADJOURNMENT 0:55 McCallum/Cox …. meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:55 pm. APPROVED Page 2 - Council Meeting Minutes,September 9, 2013 2 COUNCIL MEETING MINUTES September 9, 2013 KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes,September 9, 2013 3 4 5 Agenda Item September 23, 2013 TO:Honorable Mayor and City Council through City Administrator THRU: Scott Russell, Chief of Police FROM:Nic Wilson,Detective Sergeant SUBJECT:Carniceria y Restaurant La Perla, INC Limited On-Premises Sales RECOMMENDATION: The Woodburn City Council recommends that the OLCC approve the Limited application for Carniceria y Restaurant La Perla, INC. On-Premises Sales BACKGROUND: Applicant: Sergio Velez 555 N Settlemier Ave Woodburn, OR 97071 503.851.7653 Business:Carniceria y Restaurant La Perla 954 N Pacific Hwy Woodburn, OR 97071 503.982.0465 Owners: Same as Applicant (Above) License Type: Limited On-Premises Sales On September 3, 2013the Woodburn Police Department received an application, requesting approval for a for Carniceria Limited On-Premises Sales y Restaurant La Perlaat 954 N Pacific Hwy,Woodburn, Oregon97071. Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__ 6 Honorable Mayor and City Council September 23, 2013 Page 2 The allows for: Limited On-Premises Sales license Sell and serve malt beverages, wine, and cider for on-site consumption. Allows the sale of malt beverages in containers holding 7 or more gallons (kegs) for off-site consumption. Sell malt beverages for off-site consumption in securely covered containers (no more than two gallons) provided by the customer. The business will be openSunday from 8:00am to 9:00pm, Monday through Wednesday from 9:00am to 9:30pm, Thursday and Friday from 9:00am to 10:00pm and Saturday from 8:00am to 10:00pm. This business is a restaurant. There willnot beany music, karaoke, video lottery games, or pool tables.The Police Department has received no communication from the public or surrounding businesses in support of or against the new outlet. DISCUSSION: The Police Department has completed a background investigation, in connection with the OLCC,on the applicant and foundnothing of a questionable nature, which would preclude the issuance of this license. FINANCIAL IMPACT: None 7 8 9 Agenda Item September 23, 2013 To: Honorable Mayor and City Councilthrough City Administrator From: Jim Hendryx, Economic and Development Services Director Subject: Community Development Block Grant Housing Rehabilitation project, H12001 RECOMMENDATION: Adopt the resolution. BACKGROUND: In 2012, the City executed an agreement with Valley Development Initiatives (VDI), a legal entity created by the Willamette Valley Council of Governments (COG) to administer a $400,000 Housing Rehabilitation Community Development Block Grant(CDBG). Program rules require that the City, as the lead applicant, transfer the responsibility of managing the Housing Rehabilitation Program to an appropriate non-profit organization, such as VDI, through a sub-recipient agreement. VDI is staffed by the COG, who also manages housing rehabilitation programs for the cities of Aumsville, Aurora, Gervais, Hubbard, Jefferson, Scotts Mills, Stayton, the Santiam Canyon, Turner and Marion County. : DISCUSSION Staff was recently advised by COG that new program rules require local governments awarded CDBG funding to adopt policies addressing specific federal laws and requirements before the first draw of grant funds. More specifically, COG has requested thatthe City Council pass the attached resolution adopting a Section 3 Plan and a Limited English Proficiency (LEP) Plan. : FINANCIAL IMPACT Of the $400,000 award,the City has approximately $232,500 in loan funds tobe used by the City of Woodburn and $77,500will be used by the City of Stayton. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x__ 10 Honorable Mayor and City Council September 23, 2013 Page 2 The City, asthe lead applicant, remains responsible for the oversight of the program until the close-out of the grant (two years from award), which will require City staff support similar to that provided under the existing contract with VDI for administration of the previous CDBG Housing Rehabilitation Program. 11 COUNCIL BILL NO. 2936 RESOLUTION NO. 2034 A RESOLUTION ADOPTING A SECTION 3 PLAN TO COMPLY WITH 24 CFR, PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 AND ADOPTING A LIMITED ENGLISH PROFICIENCY PLAN In 2012, the City executed an agreement with Valley WHEREAS, Development Initiatives (VDI), a legal entity created by the Willamette Valley Council of Governments (COG) to administer a $400,000 Housing Rehabilitation Community Development Block Grant (CDBG); and COG recently advised the City that new CDBGrules require the WHEREAS, adoption of a Section 3 Plan to comply with 24 CFR, Part 135 and a Limited English Proficiency Plan to comply with other federal regulations; and the United States Congress passed Section 3 of the Housing and WHEREAS, Urban Development Act of 1968 (the Act) to further the goal of ensuring that federal funds benefit the residents of projects funded wholly or in part by those funds; and Part 135 of Section 3 establishes the standards and procedures WHEREAS, to ensure that the objectives of Section 3 are met; and the City, with the assistance of COG, has developed a Section WHEREAS, 3 Plan in adherence to 24 CFR, Part 135 that more comprehensively addresses the standards and procedures prescribed in the Act; and the City has also developed a Limited English Proficiency Plan in WHEREAS, order to comply with other federal regulations NOW,THEREFORE, , THE CITY OF WOODBURN RESOLVES AS FOLLOWS: TheCity Council adopts a Section 3 Plan to ensure Section 1. compliance withfederal lawforCommunity Development Block Grant projects and designates the City Administrator, or designee, as the Section 3 Coordinator for the City of Woodburn. The Section 3 Plan is attached to this resolution as Exhibit “A” and is incorporated herein. The City Council adopts a Limited English Proficiency Plan to Section 2. ensure compliance with federal law for Community Development Block Grant projects. The Limited English Proficiency Plan is attached to this Page 1 –Council Bill No. 2936 Resolution No. 2034 12 resolution as Exhibit “B” and is incorporated herein. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 –Council Bill No. 2936 Resolution No. 2034 13 Exhibit A Page 1of 7 SECTION 3 PLAN General Policy Statement It is the policy of the CityofWoodburnto require its contractors to make agood faith effort to provide equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, national origin, disability, veteran'sor marital status, or economicstatus and to take affirmative action to ensure that both job applicants and existing employees aregiven fair and equal treatment. The Cityof Woodburn(hereinafter "CITY")implements this policy through the awarding of Community Development Block Grant program contracts tocontractors, vendors, professional service providers/consultants and suppliers(hereinafter "CONTRACTOR"), to create employment and business opportunities for residents of the Cityof Woodburn and otherqualified low-and very low-income persons. The policy will ensure that, in good faith, the CITY will have areasonable level of success in the recruitment, employment, and utilization of Section 3residents and other eligible persons and Section 3 business concerns working on contracts partially or wholly funded with the United States Department of Housing and Urban Development (HUD) monies. The CITYshall examine and consider a CONTRACTOR's potentialfor success by providing employment and business opportunities to Section 3 residents and business concerns prior to acting on any proposed contract award. What is Section 3? Section 3 of the Housing and Urban Development Act of 1968as amended (12 USC 1701u)(Section 3) requires that recipients of HUD-funding exceeding $200,000 ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal,State and Local laws and regulations, be directed to low- and very-low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to such persons. Section 3 isapplicable when the normal completion of constructionand rehabilitation projects creates the need for new employment, contracting or training opportunities. If the expenditure of covered funding does not result in new employment, contracting, or trainingopportunities, the requirements of Section 3 are not applicable. As a recipient of HUD Community Development Block Grant (CDBG) funds through the Oregon Business Development Department (OBDD), the CITY certifiesthat it will make good faith efforts, including the preference to contract with businesses that employ Section 3 residents from the local community, to comply with the requirements of Section 3. These same requirements apply to all contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 eligible projects. HUD’s Section 3 regulations can be found at 24 CFR 135. Eligible Projects All projects and activities involving housing construction, demolition, rehabilitation, or other public construction, such as roads, sewers, community centers, et cetera, that are completed with HUD Community Planning and Development funding are subject to the requirements of Section 3. 1 14 Exhibit A Page 2of 7 Section 3 Residents 1.Are residents of public or Indian housing; or 2.Are individuals that reside in the metropolitan area in which the Section 3 applicable assistance is expended and whose income does not exceed the local HUD income limits set forth for low- or very-low income households. Section 3 Business Concerns To be considered a Section 3 BusinessConcern; at least one of the following must apply: 1.Business is 51% or more owned by Section 3 residents; or 2.At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or 3.Business provides evidence of a commitment to subcontract in excess of 25% of the dollar amount of all subcontracts to be awarded to businesses that meet the qualifications described above. In accordance with the regulation, residents and business concerns seeking Section 3 preference shall certify, and/or submit evidence to the CITY, CONTRACTOR, or subcontractor, verifying that they meet the definitions provided above. Implementing Procedures to Ensure Section 3 Requirements The following Bid Specifications and Contract clause shall be included in all CITY bid solicitations and requests for proposals for projects whose funding is derived from HUD and involves housing construction, demolition, rehabilitation, or other public construction: SECTION 3 CLAUSE A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; 2 15 Exhibit A Page 3of 7 and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.Non compliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G.Contractor shall complete THE REQUIRED Section 3 Report form 60002 and submit it to the City with the final construction pay estimate for the project. Compliance with Section 3: Section 3 businesses must meet minimum qualifications, including prequalification with the CITY, and have the ability and capacity to perform successfully under the terms and conditions of the contract. All contractors or businesses seeking Section 3 preference, before submitting bids or proposalsto the CITY, will be required to complete certifications to acknowledge that Section 3 contracting and employment provisions have been met. Such certifications must be adequately supported with appropriate documentation and supplied at the time of prequalification. The CITY will incorporate Section 3 requirements into all solicitations for project proposals that are funded in part or in whole with HUD monies. Section 3 residents must meet the minimum qualifications of the position to be filled and a Section 3 business concern must have the ability to and capacity to perform successfully under the terms and conditions of the proposed contract. The CITY will, to the greatest extent possible, offer contracting opportunities to Section 3 business concerns. However, in the event that no Section 3 businesses bid on the contract, or bids but is not able to demonstrate to the CITY that it has the ability to perform successfully under the terms and conditions of the proposed contract, then that contract will be awarded to a non-Section 3 business concern that can meet the terms and conditions of the proposed contract through the competitive bidding process. That business concern must meet the general conditions of compliance with Section 3. All contractors or businesses seeking Section 3 preference, before submitting bids or proposals to the CITY will be required to complete certifications, as appropriate, as acknowledgement of the Section 3 contracting and employment provisions required by this section. Such 3 16 Exhibit A Page 4of 7 certifications shall be adequately supported with appropriate documentation as referenced on the form. Compliance with Section 3(Good Faith Effort) At a minimum, the following tasks will be completed to demonstrate a good faith effort with the requirements of Section 3.To ensure compliance with Section 3 requirements, the CITY will document actions taken to comply, including but not limited to: 1.Advertise contracting opportunities via newspaper, mailings, orposting notices about the work to be contracted and where to obtain additional information.Alternatively, notifying the Housing Authority of Marion County, local job training centers and WorkSource Oregon of new employment, training or contracting opportunities resulting from the expenditure of covered funding. 2.Provide written notice of contracting opportunities to all known Section 3 business concerns within the City of Woodburn. The written notice will be provided in sufficient time to enable business concerns the opportunity to respond to the bid invitation. 3.Include in all solicitations a statement to encourage eligible Section 3 businesses to apply; 4.Assisting and actively cooperating with OBDD in ensuring contractors and subcontractors comply with Section 3; 5.Refraining from entering into contracts with contractors or subcontractors that are in violation of Section 3 regulations; and 6.Documenting actions taken to comply with Section 3 and submitting necessary documentation to OBDD(HUF Form 60002). CONTRACTOR’s Requirements In preparation for the award of contracts, the CONTRACTORwill supply the following to the CITY: 1.A list of all positions necessary to complete the contract, the names of employees who will fill those positions, and the names of all other employees, 2.Posting notices of any vacant positions, including training and/or apprenticeship positions, qualifications for positions, in a location(s) accessible to Section 3 person(s) where applications will be received, and starting date of employment, 3.To the greatest extent possible, makingavailable vacant positions, including training and/or apprenticeship positions, to Section 3 residents, 4.If a position necessary to complete contractual task is vacated during the contract period, CONTRACTOR’s certification that, to the greatest extent possible, that vacancies will be filled pursuant to items 2 and 3 above, 5.Submitting compliance reports as required, 6.If notified of non-compliance, correcting non-compliance issues within the allowable time period. Businesses can use the WorkSource Oregon-First Source Hiring Agreement in complying with Section 3 requirements. Evidence of Section 3 Certification Any business seeking Section 3 preference in the awarding of contracts or purchase agreements with the CITY shall complete the Certification for Business Concerns Seeking Section 3 4 17 Exhibit A Page 5of 7 Preference in Contracting and Demonstration of Capability from, obtained from the CITY’s Section 3 Coordinator. The business seeking Section 3 preference must provide adequate documentation as evidence of eligibility forpreference under the Section 3 Program. Certifications for Section 3 preference for business concerns must be submitted to the CITY’s Section 3 Coordinator prior to the submission of bids for consideration. If the CITY has previously approved the certification for the business concern, then the certification may be submitted along with the bid. Contractor’s Requirements in Employing Section 3 Residents After a contract is awarded, the CONTRACTOR will provide the following: 1.Names of Section 3 business concerns to be utilized; 2.Estimate of the number of employees to be utilized for contract; 3.Projected number of available positions, including job descriptions and wage rates (construction wages must be consistent with Davis-Bacon Act or Oregon BOLI rates, whichever is higher); and 4.Efforts that will be utilized to seek Section 3 participants. Monitoring and Enforcement The function of monitoring and enforcing these provisions will be carried out by the City’s project manager for each HUD-funded construction project.During the pre-bid or pre-construction meetings between the CITY and CONTRACTOR, the CITY’s Section 3 Policy will be provided again to the CONTRACTOR for inclusion in contract documents. The following contract requirements will be discussed in detail: Prevailing wage rates (Davis-Bacon or BOLI, whichever is higher) Minority and woman-owned businesses Section 3 hiring requirements Each representative will define specific functional requirements and require the CONTRACTOR to certify its understanding of the terms and conditions of the contract as it applies to the aforementioned requirements. Section 3 Complaint Procedure The CITY will make every effort to resolve complaints generated from alleged non-compliance through an internal process. The CITY encourages submittal of non-compliance complaints to its Section 3 Coordinator as follows: 1. Submit to: City of Woodburn Attn: Scott Derickson, City Administrator 270 Montgomery Street Woodburn, OR 97013 2.Complaints of non-compliance should be filed in writing and must contain the name of the complainant and brief description of the alleged violation of 24 CFR 135. 5 18 Exhibit A Page 6of 7 3.Complaints must be filed within thirty calendar days after the complainant becomes aware of the alleged violation. 4.An investigation will be conducted if complaint is found to be valid. The Section 3 Coordinator will conduct an informal but thorough investigation affording all interested parties, if any, an opportunity to submit testimony and/or evidence pertinent to the complaint. 5.The Section 3 Coordinator will provide written documentation detailing the findings of the investigation to the City Attorney. The City Attorney will review the findings for accuracy and completeness before it is released to the complainants. The findings will be made available no more than thirty days after the complaint is filed with the CITY. If complainants wish to have their concerns considered outside the CITY’s internal procedure, a complaint may be filed with Assistant Secretary for Fair Housing and Equal Opportunity United States Department of Housing and Urban Development 451 Seventh Street Northwest Washington, District of Columbia, 20410 The complaint must be received no later than 180 days from the date of the action or omission upon which the complaint is based, unless the time for filing is extended by the Assistant Secretary for good cause shown. 6 19 Exhibit A Page 7of 7 CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMONSTRATION OFCAPABILITY Name of Business ______________________ Address of Business _____________________ Type of Business: Corporation Partnership Sole Proprietorship Joint Venture Attached is the following documentation as evidence of status: For Business claiming status as a Section 3 resident-owned enterprise: Copy of resident leaseCopy of receipt of public assistance Copy of evidence of participation in public assistance programOther evidence For business entity as applicable: Copy of Articles of IncorporationCertificate of Good Standing Assumed Business Name CertificatePartnership Agreement List of owners/stockholders and % ownership of eachCorporation Annual Report Latest Board minutes appointing officers Organization chart with names and titles and brief function statement Additional information For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business: List of subcontracted Section 3business(es) and subcontract amount For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3eligible residents within 3years of date of first employment with the business: List of all current full-time employees List of employees claiming Section 3status PHA/IHA Residential lease less than 3years from day of employment Other evidence of Section 3 status less than 3years from date of employment Evidence of ability to perform successfully under the terms and conditions of the proposed contract: Current financial statement Statement of ability to comply with public policy List of owned equipment List of all contracts for the past two years (Corporate Seal) Authorizing Name and Signature Attested by: 7 20 Exhibit B Page 1 of 3 LIMITED ENGLISH PROFICIENCY (LEP) PLAN CITY OF WOODBURN, OREGON *The information below was completed with assistance from "Checklist for Developing a Limited English Proficiency (LEP) Plan" provided by the National Association of Statework Force Agencies. The checklist is included is the City's file for review if requested. This Limited English Proficiency (LEP) Plan has been prepared to address the City of Woodburn's responsibilities as a recipient of federal financial assistance as it relates to the needs of individuals with limited English proficiency language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing regulations which state that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person's inability to speak, read, write or understand English is a type of national original discrimination. It directs each agency to publish guidance for its respective recipients clarifying their obligation to ensure such discrimination does not take place. This order applies to all state and local agencies which receive federal funds, including the City of Woodburn. In order to prepare this plan, the City of Woodburn used the most current version of the U.S. Census American Community Survey, the Four-Factor LEP Analysis for Meaningful Access, and the Safe Harbor Test for Written Translation Services. FOUR FACTOR ANALYSIS FOR MEANINGFUL ACCESS Recipients are required to take reasonable steps to ensure meaningful access to LEP persons through the four factor analysis. This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualizes assessment that balances the following four factors: 1. The number of proportion of LEP persons served or encountered in the eligible service population ("served" or "encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services): The City of Woodburn's most current population estimate is 23,665 and the City has large Spanish and Russian speaking populations. According to the 2009-2010 American Community Survey, 33.8% of the population speaks English less than "very well" with 29.2% shown as Spanish speaking, or up to 6,910 persons, and 5.0%, or up to 1,183 persons, shown as speaking Indo- European languages. 2. The frequency with which LEP persons come into contact with the program: It can be expected that LEP persons will come into contact with City programs, services, or facilities on a very regular basis and staff serving as point of entry contacts to programs and services are given instructions on how to identify LEP clients using Language Identification Cards (attached), how to utilize interpretation services, and/or staff contacts to access translation services. 3. The nature and importance of the program, activity, or service provided by the program: High. With a large non-English speaking population and/or populations that speak English less than "very well", access and the availability of all city services, programs and facilities to LEP persons must be provided. 4. The resources available and costs to the recipient: The City of Woodburn has well established translation and interpreter services available for all public meetings, court, police, and city hall services. The City has a Community Outreach Coordinator responsible for promoting civic engagement through communityoutreach and public education. The Community Outreach Coordinator also provides translation services and/or 21 Exhibit B Page 2 of 3 serves as the point of contact for residents and staff when translation services are requested. The Community Outreach Coordinator can be reached at 503-982-5388 or by request at City Hall. The City also provides translation services for documents/records requests. The City recently updated their website to allow for translation of city information to over 50 languages. LANGUAGE ACCESS PLAN (LAP) AND DETERMINATION: The City of Woodburn has well established translation services for public meetings, court, website translations, city services, and documents/records requests. The City can tap into these resources as needed and has staff contacts assigned to be the point of contact for interested parties and/or staff. 22 Exhibit B Page 3 of 3 SAFE HARBOR TEST FOR WRITTEN TRANSLATION SERVICES: Size of Language Group Recommended Provision of Written CDBG Supporting Documentation Language Assistance Recipient 1,000 or more in eligible population Translated vital documents. XThe City provides translated in the market area of among current vital documents to interested beneficiaries parties upon request. Translation services are available upon request. More than 5% of the eligible Translated vital documents. population or beneficiaries and more than 50 in number More than 5% of eligible population Translated written notice of right to or beneficiaries and 50 or less in receive free oral interpretation of numberdocuments. 5% or less of the eligible population No written translation is required. or beneficiaries and less than 1,000 in number SAFE HARBORDETERMINATION: The City offers translated documents, if requested, for all city services provided. The City already provides offers of translation services in Spanish and Russian. These translation services/service languages are based on the most current census data for the service population. The City also has a staff point of contact to assist residents and staff in points of contact/requests for translation services or documentation. The City also posts notices in English, Spanish and Russian that LEP services are available. 23 2004 Census Test LANGUAGEIDENTIFICATIONFLASHCARD .á«Hô©dG çóëàJ hCG CEG ’Hô˜G Gòg  áeÓY ’°V 1. Arabic 2. Armenian 3. Bengali QUmbJÇak'kñ¨g®b/b'enH ebI/ñk/an ƒniXaXPasa e‚oµe . 4. Cambodian 5. Chamorro Motka i kahhon ya yangin ûntûngnu' manaitai pat ûntûngnu' kumentos Chamorro. 6. Simplified Chinese 7. Traditional Chinese 8.Croatian 9. Czech 10. Dutch Kruis dit vakje aan als u Nederlands kunt lezen of spreken. 11. English Mark this box if you read or speak English. 12. Farsi U.S.DEPARTMENT OF COMMERCE DB-3309 Economics and Statistics Administration U.S.CENSUS BUREAU 24 13. French Cocher ici si vous lisez ou parlez le français. 14. German Kreuzen Sie dieses Kästchen an, wenn Sie Deutsch lesen oder sprechen. 15. Greek 16. Haitian Creole Make kazye sa a si ou li oswa ou pale kreyòl ayisyen. 17. Hindi 18. Hmong Kos lub voj no yog koj paub twm thiab hais lus Hmoob. 19. Hungarian Jelölje meg ezt a kockát, ha megérti vagy beszéli a magyar nyelvet. 20. Ilocano Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. 21. Italian Marchi questa casella se legge o parla italiano. 22. Japanese 23. Korean 24. Laotian 25. Polish U.S.DEPARTMENT OF COMMERCE DB-3309 Economics and Statistics Administration U.S.CENSUS BUREAU 25 26. Portuguese Assinale este quadrado se você lê ou fala português. 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish Marque esta casilla si lee o habla español. 32. Tagalog Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. 33. Thai 34. Tongan Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. 35. Ukranian 36. Urdu Xin ñaùnh daáu vaøo oâ naøy neáu quyù vò bieát ñoïc vaø noùi ñöôïc Vieät Ngöõ. 37. Vietnamese 38. Yiddish U.S.DEPARTMENT OF COMMERCE DB-3309 Economics and Statistics Administration U.S.CENSUS BUREAU 26 Agenda Item September 23, 2013 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Woodburn Development Ordinance (WDO) “Housekeeping” Amendments RECOMMENDATION: Adopt the attached ordinance amending the WDO to correctformatting omissions contained in the zoning tables and readopting the Official Zoning Map to resolve a mapping error. BACKGROUND: Almost four yearsago the Mayor and City Council appointed two focus groups to review and update the Woodburn Development Ordinance (WDO). After extended efforts by the focus groups, Planning Commission and the public this culminated with the Council’s adoption ofOrdinance 2509, which completed revision of the WDO. As a part of this process, the Official Zoning Map was also adopted by Ordinance 2509. DISCUSSION: The amended WDO, adopted by Ordinance 2509, is a document containing almost 300 pages. Even though the text was carefully reviewed prior to its final adoption, it was recently discovered that, due to formatting errors, portions of three zoning tables were omitted. The “housekeeping” amendment ordinance before the Council corrects these table deficiencies. More specifically, formatting errors were noted affecting the Commercial and Industrial land use table headers, specifically zoning district headers (Table 2.03A & 2.04A were omitted from the adoptedtext). Additionally, some allowed uses were also omitted from the adopted text; specifically, temporary residential sales (R1S zone) and parks (P/SP zone). Public administration & government buildings were omitted (P/SP & SWIR zones), while chemical manufacturing, recycling, and asphalt and cement batch plants were also omitted from the IP Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 27 Honorable Mayor and City Council September 23, 2013 Page 2 zone (conditionally). In reviewing the entire ordinance, it was also noted that hotels, motels as well as bed and breakfast inns were unintentionally omitted from the Mixed Use Village zoning district. For the Council’s convenience, all changes to the tables are highlighted in yellow. A second issue involves a mapping error contained in the Official Zoning Map. In recently reviewing a proposed building addition, it was discovered that the Riparian Corridor and Wetlands Overlay District (RCWOD) was incorrectly mapped. The ordinance readopts the Official Zoning Map to correct this error. Finally, the Council should note that an emergency clause has been incorporated into the ordinance. This is becauseOrdinance 2509 is in effect and its deficiencies should be corrected immediately. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. 28 COUNCIL BILL NO. 2937 ORDINANCE NO. 2510 AN ORDINANCEAMENDING THE WOODBURN DEVELOPMENT ORDINANCETO CORRECT FORMATTING OMISSIONS CONTAINED IN THE ZONING TABLES; READOPTING THE OFFICIAL ZONING MAP; AND DECLARING AN EMERGENCY the Woodburn Development Ordinance (“WDO”) was originally WHEREAS, adopted by the City Council by Ordinance 2313 in 2002; and in 2009, the City Council initiated an extended process to WHEREAS, review and amend the WDO; and after an almostfour year process the City Council, in August WHEREAS, 2013, adopted Ordinance 2509, which completely revisedthe text of the WDO; and due to a formatting error, there are omissions contained in the WHEREAS, zoning tables that should be correctedand ; due to a mapping error involving the Riparian Corridor and WHEREAS, Wetlands Overlay District (RCWOD), it is also necessary to readopt the Official Zoning Map; and the City previously gave the legally required notice relevant to WHEREAS, the WDO amendment process and the actions contained in this Ordinance; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 2.02 Residential Zones is hereby amended to correct Section 1. the formatting errors contained in Ordinance 2509 as follows: 2.02 ResidentialZones A.The City of Woodburn is divided into the following residential zones: 1.The Residential Single Family (RS) zone is intended to establish standard density single-family residential developments (typically 6,000 square foot lots). 2.The Nodal Single Family Residential (RSN) zone provides for row houses (attached single-family homes) and detached single-family homes on smaller lots (typically 4,000 square foot lots). – Council Bill No. 2937 Page 1 Ordinance No. 2510 29 3.The Retirement Community Single Family Residential (R1S) zone provides small lot residential development for seniors, allowing single-family homes on lots as small as 3,600 square feet. 4.The Medium Density Residential (RM) zone provides for multi-family dwellings and care facilities at up to 16 dwelling units per net acre. 5.The Nodal Multi-Family Residential (RMN) zone provides for row houses, multi- family dwellings and care facilities at higher densities than non-nodal zones. B.Approval Types (Table 2.02A) 1.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 2.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 3.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 4.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. 5.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. Uses Allowed in Residential Zones Table 2.02A UseZone Accessory Uses (A)Conditional Uses (CU) Permitted Uses (P) RSRSNR1S RMRMN Special Permitted Uses (S) Specific Conditional Uses (SCU) ADwellings 1Duplex dwellingSSPP 2Manufactured dwellingS 1 S 1 SSS 3Multiple-family dwelling PP 4Row housesPP 5Single-family detached dwellings PPPPP BNonresidential, Care and Public Uses 1Child care facility for 12 or fewer children PPPPP 2Child care facility for 13 or more children,within a non- CUP residential building. 3Elementary, middle and high schoolsCUCUCUCUCU 4Government and public utility buildings and structuresCUCUCUCUCU 5Group care facility for sixor more personsPP – Council Bill No. 2937 Page 2 Ordinance No. 2510 30 Uses Allowed in Residential Zones Table 2.02A UseZone Accessory Uses (A)Conditional Uses (CU) Permitted Uses (P) RSRSNR1S RMRMN Special Permitted Uses (S) Specific Conditional Uses (SCU) 6Group homefor fiveor fewer personsPPPPP 7Historically or architecturally significant siteSCUSCUSCUSCUSCU 8House of worshipSSSSS 9Manufactured dwelling parkSS 10Nursing homePP Off-street parking to servea non-residential use allowed 11CUCUCUCUCU in zone 12Parks, play grounds and associated activitiesPPPPP 13Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electric and P P P P P communication lines, stormwater facilities and pump stations. COther Uses 1Boat,recreational and vehicle storage padSSSSS 2Common boat,recreational and vehicle storage areaSSSSS 3Community club buildings and facilitiesSSSSS 4Deck or patioAAAAA 5Delivery servicesSSSSS 6Facilities during constructionSSSSS 7Fence or freestanding wallAAAAA 8Garage (or carport in the case of a manufactured home)AAAAA 9Golf courses without a driving rangeSSSSS 10Golf driving rangein conjunction with a golf courseCUCUCUCUCU 11Greenhouse,storage building,hobby shopAAAAA 12Home occupationSSSSS 13Private recreational facilities, including swimming pool, A A A A A hot tub, sauna, and game courts 14Residential sales officeSSSSS 15Temporary residential sales: a.Produce and plant materials grown on the property S S S S S b.Estate, garage and yard sales c.Crafts and other hobby items 1.Manufactured dwellings are not allowed in the Neighborhood Conservation Overlay District (NCOD). – Council Bill No. 2937 Page 3 Ordinance No. 2510 31 Section 2.03 Commercial Zones is hereby amended to Section 2. correctthe formatting errors contained in Ordinance 2509 as follows: 2.03 Commercial Zones A.The City of Woodburn is divided into the following commercial zones: 1.The Downtown Development and Conservation (DDC) zone is the community’s retail core, providing for unique retail and convenient shopping 2.The CommercialGeneral (CG) zone is the community’s primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise, equipment, or inventory. 3.The Commercial Office (CO) zone is intended primarily for office type development, with limited retail activity. 4.The Mixed Use Village (MUV) is intended to promote efficient use of land that promotes employment and housing through pedestrian-oriented development. 5.The Neighborhood Nodal Commercial (NNC) zone is intended to meet the shopping needs of nearby residents in a compact commercial setting B.Approval Types (Table 2.03A) 1.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Commercial Zones Table 2.03A UseZone Accessory Uses (A) Conditional Uses (CU)Permitted Uses (P) DDCCGCOMUVNNC Special Permitted Uses (S) Specific Conditional Uses (SCU) ACivic Uses 1Publicadministration, aquatic facilities, fire protection, government and public utility buildings and storage P P P P P yards – Council Bill No. 2937 Page 4 Ordinance No. 2510 32 Uses Allowed in Commercial Zones Table 2.03A UseZone Accessory Uses (A) Conditional Uses (CU)Permitted Uses (P) DDCCGCOMUVNNC Special Permitted Uses (S) Specific Conditional Uses (SCU) 2Public and private schools, house of worship,civic and P P P P P social organizations 3Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electric and P P P P P communication lines, stormwater facilities and pump stations. BCommercialRetail and Services 333 1 Ambulance serviceCUCUCUCU 2Automotive maintenance andgasoline stations, 36 CUCUP including repair services 3 7 Bakeries, delicatessens, grocery and conveniencestoresP P P P 4 Bowling, skating, movie and performing arts theatersPPP 5 5555 Building material andgarden equipment PPPP 6 Business servicesPPPP 7Computer, commercial, electric motor, precision 4144 P PP P equipment, industrial and home goods repair. 8Contractors: a.Flooring and roofing b.Equipment and machinery 446 P P P c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors 9Craft industries: a.Apparel manufacturing b.Leather manufacturing, furniture and related product S S S S S manufacturing, including cabinets c.Sporting goods manufacturing d.Doll, toy and game manufacturing 10 Delivery servicesSSSSS 7 11 Dry cleaning, laundry and self-service laundry service PPSP 12 Fitness andrecreational sportsP P P P P 13 Funeral homePPPPP 14 3 Hospitals and ancillary usesCU 15 Hotels, motels and bed and breakfastinnsPPPPP 16 Office andoffice services and suppliesPPPPP – Council Bill No. 2937 Page 5 Ordinance No. 2510 33 Uses Allowed in Commercial Zones Table 2.03A UseZone Accessory Uses (A) Conditional Uses (CU)Permitted Uses (P) DDCCGCOMUVNNC Special Permitted Uses (S) Specific Conditional Uses (SCU) 17 1 Other amusements,including ballroomsP 18 7 Pawn, check cashing, payday loan and cash transferCUPP 19Printing, publishing,copying, bonding, finance, 7 insurance, medical, data processing,social assistance,P P P P P legal services,management, and corporate offices 20 Professional servicesPPP 7 21 Restaurantsanddrinking placesPPPPP 22Retail trade offering goods and servicesdirectly to 7 P P P P customers 23 1 Spectator sportsP 3 24 TaxidermistCU 25 3 Veterinary serviceCU 26 7 Wineandliquor CUPP CIndustrial 1Charter bus, special needs transportation, transit system, 3 CU school transportation, limousine service and taxi service 2Heavy equipment and motor vehiclesales: a.Manufactured(mobile) home dealers b.Motor vehicle and parts dealers, including new car, used car, recreational vehicle, motorcycle, boat, 3 parts and tire dealersCU c.Truck dealers, including new truck, used truck, parts and tire dealers d.Tractor, farm machinery and equipment dealers e.Farm, garden and landscaping supplies 3 46 Manufacturing of metal products, furniture and cabinetsPP 4Motor freighttransportation and warehousing, including local or long-distance trucking or transfer services, 1 CU storage of farm products, furniture, other household goods, or commercial goods 3 5 Motor vehicle towingCU 6 Parking lots and garages PPPP 1 7Recreational vehicle parkCU DMiscellaneous 1 Facilities during constructionSSSSS – Council Bill No. 2937 Page 6 Ordinance No. 2510 34 Uses Allowed in Commercial Zones Table 2.03A UseZone Accessory Uses (A) Conditional Uses (CU)Permitted Uses (P) DDCCGCOMUVNNC Special Permitted Uses (S) Specific Conditional Uses (SCU) 2 Fence or free-standing wallAAAAA 3Temporary outdoor marketing and special event: a.Arts and crafts b.Food and beverages, including mobile food services c.Seasonal sales of fireworks, Christmas trees, produce or plant materials d.Amusement rides and gamesS S S S S e.Entertainment f.Any other merchandise or service which is neither accessory to a primary, permanent use of the property nor marketed by employees of that permanent use EResidential 2 1Attached single-family (row houses) dwellings PPPP 88888 2Child care facility, group home, and nursing home PPPPP 3One dwelling unit,in conjunction with a commercial use PPPPP 4Multiple-family dwellingsPPCUPP 1.Not allowed in the Gateway Overlay District 2.Only allowed in the Gateway Overlay District 3.Allowed outright if not within 200 feet of residentially zoned properties 4.Within abuilding, no outdoor storage or repair 5.All outdoor storage and display shall be enclosed by a seven foot masonry wall. 6.Existing uses are allowed as a permitted use, new uses are not allowed in the MUV 7.Drive-throughs are not allowed 8.Child care facility for 13 or more children, group home for six or more persons Section 2.04 Industrial and Public Zones is hereby amended to Section 3. correctthe formatting errors contained in Ordinance 2509 as follows: 2.04 Industrial and Public Zones C.The City of Woodburn is divided into the following industrial and public zones: 1.The Light Industrial (IL) zone, which is intended for industrial activities that include – Council Bill No. 2937 Page 7 Ordinance No. 2510 35 land-intensive activities; 2.The Industrial Park (IP) zone, which is intended for light industrial activities in a park- like setting; 3.The Public and Semi-Public (P/SP) zone, which is intended for public uses, parks, schools and cemeteries. 4.The Southwest Industrial Reserve (SWIR), which is intended for high technology and research development activities; D.Approval Types (Table 2.04A) 1.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4.Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses(P) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) ACivic Uses 1 Golf driving range PPCU 2Parks, play grounds and associated activities,golf courses P without a driving range 3Publicadministration, aquatic facilities, fire protection, P P P CU government and public utility buildings and storage yards 4Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, P P P P stormwater facilities and pump stations. 5 Trade schoolsPPCUP BCommercialRetail and Services – Council Bill No. 2937 Page 8 Ordinance No. 2510 36 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses(P) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 1Ambulance servicePP 2Automotive maintenance andgasoline stations,including repair P P services 3 Business servicesPP 4Contractors: f.Flooring and roofing g.Equipment and machinery P P h.Glass and glazing i.Masonry, drywall, insulation and tile contractors j.Other types of contractors 5 Delivery servicesSSSS 6 Fitness andrecreational sportsP P P 7 Hospitals and ancillary uses P CUP 8 Restaurants and drinking places PPP CIndustrial 1 Auction houses,except livestock and poultry salesCU 2 Automotive wrecking yardsCU 3Charter buses, special needs transportation, transit system, P P school transportation, limousine service and taxi service 4 Chemical manufacturingCUCU 5 Recycling centerCUCU 6 Asphalt or Portland cement concrete batch plantCUCU 7Commercial and industrial equipment repair, transit and ground P CU transportation 8Electronic and other electrical equipment and components, including manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy; electricity distribution equipment; electrical industrial apparatus; household P P P appliances; electrical lighting and wiring equipment; radio and television receiving equipment; communications equipment; electronic components and accessories; and other electrical equipment and supplies – Council Bill No. 2937 Page 9 Ordinance No. 2510 37 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses(P) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 9Fabricated metal products, including fabricating ferrous and non-ferrous metal products such as metal cans, tin ware, hand tools, cutlery, general hardware, non-electric heating apparatus, CUP fabricated structural metal products, metal forgings, metal stampings, and metal and wire products 10Industrial and commercial machinery and computer equipment, including engines and turbines; farm and garden machinery; construction, mining, and oil field machinery; elevators and conveying equipment; hoists, cranes, monorails, trucks and P P P tractors; metalworking machinery; special industry machinery; general industrial machinery; computer and peripheral equipment and office machinery; and refrigeration and service industry machinery 11Heavy equipment and motor vehicle sales: e.Manufactured home dealers f.Motor vehicle and parts dealers, including new cars, used cars, recreational vehicles, motorcycles, boats, parts and tire dealersS S g.Truck dealers, including new trucks, used trucks, parts and tire dealers h.Tractor and farm machinery and equipment dealers i.Farm, garden and landscaping supplies 12Manufacturing: a.Beverage, food and tobacco b.Furniture and related products c.Leather and allied products P P d.Paper, limited to assembly e.Miscellaneous manufacturing f.Plastics and rubber g.Textile products 13Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm P CUP products, furniture and other household goods, and commercial goods 14Non-depository credit institutions engagedin extending credit P P in the form of loans, but not engaged in deposit banking 15 Paper manufacturingCU – Council Bill No. 2937 Page 10 Ordinance No. 2510 38 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses(P) ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 16 Parking lots and garages PP 17Petroleum and coal products manufacturing with all storage CU underground 18Printing, publishing, and allied industries P P P 19 Professional services PP 20Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum products, cut stone, P P abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand 21 Telecommunication facilities subject to Section 2.08.03SCUSCUSCU 22 Wholesale trade in durable and non-durable goodsP P P 23 Wood product manufacturing P CU DMiscellaneous 1 Facilities during construction S S S S 2 Fence or free-standing wall AAAA 3Temporary outdoor marketing and special event: a.Arts and crafts b.Food and beverages, including mobile food services c.Seasonal sales of fireworks, Christmas trees, produce or plant materials S S S S d.Amusement rides and games e.Entertainment f. Any other merchandise or service which is neither accessory to a primary, permanent use of the property, nor marketed by employees of that permanent use EResidential 1 One dwelling unit in conjunction with an industrial use PPPP The Official Zoning Map of the City of Woodburn is readopted Section 4. and is attached hereto and incorporated as Exhibit "A". This Ordinance being necessary for the immediate Section 5. preservation of the publicpeace, healthand safetybecause Ordinance 2509 is – Council Bill No. 2937 Page 11 Ordinance No. 2510 39 presently in effect and has missing information, an emergency is declared to take exist effect immediately upon passage by the Counciland approval by the Mayor. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon – Council Bill No. 2937 Page 12 Ordinance No. 2510 40 Exhibit A JONES RD (CR 52 7) INGALLS LN (CR 528) CROSBY RD CR 505 CROSBY RD CR 505 CROSBY RD GROWTH CIT YLIM ITS CITYL IMITS A NEWPOE RT WAY GOUDY GARDE NS RD GO UDY GARDENS RD RM P/SP DEXTER PACIFIC CITY CT LIMITS ERRY MULB CARL R D CARL RD KING W CIT AY YLIMITS E AGLE D R IL UMPQUA PL RS RS DO GWOOD DR P/SP IP ARNEY LA NE CHATEAU DR (P VT) PROPO SEDURBAN VA NDERBECK R D R1S P/SP SHENANDOAH LN RS INDE PENDENCE A P/SP VEINDEPENDEN HAMPTON WAYCE CT RS IP P/SP GARDEN WAY CONSTIT UTION AVE CG CLUB IL P/SP P/SP LN RS CO UNTRY CLUB RD COUNT RY CLUB RD CO UNTRY CLU B TER RM P/SP MUIRFI ELD LN RS IP RM P/SP IP RSR1S RS CG C 4 OUNTRY CL UB CT 1 12 U MPQUA CT CU RS RRENTURBAN FIN ZER WAY P/SP HEN RY'S PROPOS ROBINBL EDURBAN AVEVD CG ARNEY RD CG WOODBUR N CGCG CO MYRTLE SECOLA T IL INTERCHANGE CG 6 STATE HWY 219 - NEWBERG HWYRAINIER RD STATE HWY 219 - NEWBERG HWY STATE HWY 214STATE HWY 214 5- MT HOO 6 D AVE NEWBERG P/SP HWY CG OUTSIDE P/SP CO CO CG 3 STATE HWY 214 -CITY MT HOO D AVE STATE HWY 211 - WOODBURN-ESTACADA HWY 10 RAIN IER RD 2 CG CG CO IL RM CG ST RM RM RM S TATE HWY 214 RS STAT E HWY 214 P/SP 11 S TACY ALLISO N WAY RM RMCO RM CO RS P/SP P/SPRSP/SP RM CG CGR1S RM W LINCOLN IL ST W HAY ES ST JA RS MES ST RM KOTK A ST RS RMRS 8 RM MEADOW LN RS DEL SOL CT (P VT)RS Official Zoning Map of the RM W HAYES ST IL EVERGREEN RD W HAYES ST RS PU P/SP BLIC RD CG STAN FORD P/SP City of Woodburn, Oregon HARDCAST LE AVE GA 7 RFIELD S T RS CREIGHH TON STARDCA STLE A VE CG DESA IL HARDC RMN NTIS DRASTLE A VE (C R 534) P/SP RM Adopted by the Woodburn City Council CR 5 34 JONAH PL RS RS RM RM RS OXFORD ST OXFORD CGRM ST on September 26, 2011 (Ordinance No. 2480) 9 CENTENN IAL DR RSN REED AVECITADEL REE ST D AVE CG Last Revised: September 10, 2013 E LINCOLN ST RMN VASS ER ST LINFIELD AVE CG RS Zoning Districts HOOPER CG ST RS CG P/SP PALIM INO AVE RS BLA INE ST RS - Single Family Residential BLAIN E ST (PVT) 13 P/SP CG CG RSN IL RM RM RSN - Nodal Single Family Residential IL P/SP AZTEC SDR WEETWATER AVE P/SP R1S - Retirement Community Single Family Residential CG RS CG RM 13 RM RS E LAUREL AV RM - Medium Density Residential RS CG CG RMN - Nodal Medium Density Residential 13 BARLEY ST (PVT) RM TOMLIN AVE TOMLIN AVE OA RS CO - Commercial Office TS ST (PVT) RS MUV ST WHEAT GEORGE ST (PVT) CR 517PARR RD CG - Commercial General PA RR RD PA RR RD SERR SILVERTON RDES LN RS DDC - Downtown Development and Conservation RM BRANDYWINE CT IL MUV - Mixed Use Village RS CG P/SP COMS IL - Light Industrial TOCK AVE PARR RD IP - Industrial Park JUDY ST JUDY ST P/SP - Public and Semi-Public RS RM AVE Gateway Commercial General Overlay District Interchange Management Area Overlay (IMA) IL Neighborhood Conservation Overlay District (NCOD) Riparian Corridor & Wetlands Overlay District (RCWOD) Significant Wetlands RM City of Woodburn Other Wetlands FEMA 100 year Flood Plain Legend Conditional Zone Change 1 City Limits (See below for Ordinance Number) Streams Conditional ZoneConditional Zone Ordinance NumberOrdinance Number Railroad BELLE PASSI RD Change NumberChange Number BELLE PASSI RD Current Urban Growth Boundary 22022492 113 Proposed Urban Growth Boundary 2167 2 1873 Assessor Taxlots 3 2384 4 00.250.50.125Miles 1937 5 1802 6 GE SCHWILL LN Disclaimer: This map is a graphic representation,GESCHWILL LN 2150 7 using the most current information available. 2233 8 However, it should not be considered acurate 77-02 (case no.) 9 for scaling. Plot Date: September 10, 2013 2322 10 Public Works Department 2361 11 GIS/Engineering Division 2490 12 41 Agenda Item September 23, 2013 TO:Honorable Mayor and City Council through City Administrator FROM:Randy Scott,Interim Public Works Director SUBJECT: SUPPLEMENTAL AGREEMENT, USE OF UNION PACIFIC PROPERTY LOCATED AT 121 BROADWAY STREET RECOMMENDATION: The City Council, by motion, provide authorization forthe City Administrator to enter into a Supplemental Agreement tothe existing Union Pacific Lease Agreement, Audit No. 201022, for use of additional Union Pacific Railroad propertylocated at121 Broadway Street. BACKGROUND: The initial lease, Lease Audit No. 201022 dated December 13, 2000 provides th City use ofapproximately 4,165 square feet of arealocatedat 121 Broadway Street. This area is at the west end of the City’sequipment storage building located at121 Broadway Streetanda portion of the building is located on leased property. ThesubjectSupplemental Agreement will cover an additional 2,137 square feet, adjacent to and contiguous to “A” Street Right-of-Way. The areais currently fenced and used formaterial storage andwas not addressed under the initial lease. This will provide a total leased area of 6,302 square feet. Both areas are identified on Exhibit “A” attached. DISCUSSION: The Supplemental Agreement is being requested by Union Pacific, Real Estate Division, Omaha, Nebraska. The current use of the subject propertywill not change and has not changed since the initial lease was entered into. Thecost of rent willremain the same asper the initial lease agreement and no charge will beapplied for the additional square footage. The Supplemental Agreement also requires the City to provide updated documentation of insurance that meetsUnion Pacific current indemnity requirements. The City’s insurance agent Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 42 HonorableMayor and City Council September 23, 2013 Page 2 of record has reviewed the documents and has approved issuing a new certificate with the referenced updateswith no additional cost to the City. Attached: Exhibit “A”, Lease Area Exhibit “B”,LeaseAgreement, Audit No. 201022 Exhibit “C”, Supplemental Agreement FINANCIAL IMPACT: The current lease rent fees to Union Pacific are not being modifiedby this action. The rental cost for 2013 is . $4,405.60 Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WOODBURN FIESTA MEXICANA 2011 -2013 EXPENSE Entertainment 2011 2012 2013 INCOME $ 22,326 Logistics Gate receipts (1) $ 39,451 $ 39,900 $ 27,150 Other activities 6,047 5,841 4,084 Sponsorships (2) 17,108 6,500 44,200 Vendors 17,500 13,303 12,395 In -kind 12,383 13,000 10,000 Other 6,022 1,321 530 Total Income $ 98,511 $ 79,865 $ 98,359 EXPENSE Entertainment $ 20,311 $ 27,256 $ 22,326 Logistics 34,696 35,777 31,652 Marketing (3) 7,127 15,328 22,608 Other activities expense 6,705 3,115 1,138 Other expense 4,491 5,648 8,589 Paid event staff 6,502 6,090 7,175 Total Expense $ 79,832 $ 93,214 $ 93,488 Net Profit (Loss) $ 18,679 $ (13,349) $ 4,872 Cumulative $ 5,330 $ 10,202 To community groups $ 3,736 $ - $ 974 (1) For 2012 increased admission from $5 to $10 after 6 pm which offset lower attendance due to hot weather; back to $5 all day in 2013. (2) Solicitation issues in 2012; hired Anthony Veliz for 2013! (3) Contracted with media partners in Portland and Salem 2012 -2013. POSITIVES GOING FORWARD: 1. Strong foundation of sponsor support from outside area; VIP event this year attracted several potential additional sponsors for 2014. 2. Competent people in critical positions of overall event management, sponsors solicitation, entertainment, and vendor management. 3. Three years experience running major event. CHANGES FOR 2014? 1. Revert back to two day event; saves logistics and volunteer cost; better utilizes entertainment budget for two spectacular days. 2. Examine marketing to see if expenses generating commensuarate gate. 3. Fiesta Coordination part of either Chamber Executive Director or Tourism Coordinator duties.