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July 28, 2014 Agenda 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 J28,2014–7:00.. ULYPM 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: A.Please join us for the 51st annual Fiesta Mexicana at Legion Park on August 2 & 3. The event will highlight authentic Mexican t, coronation of the court, a food, music and entertainmen soccer tournament, parade, and kid’s activities. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Chamber of Commerce 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A.Fiesta Court 6.COMMUNICATIONS None. – This allows the public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** July28, 2014Council Agenda Page i –Items listed on the consent agenda are considered 8.CONSENT AGENDA routine andmay 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 July 14, 20141 Recommended Action: Approve the minutes. B.WoodburnPlanning Commission minutes of May 22, 21044 Recommended Action:Accept the minutes. C.Woodburn Library Board minutes of July 9, 201411 Recommended Action: Accept the minutes. D.Crime Statistics through June 201413 Recommended Action: Accept the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.2014-2015Supplemental BudgetRequest18 –Members of the public 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.2964-An Ordinance Making Certain Textual 21 Amendments to the Woodburn Development Ordinance Regarding Planned Unit Developments Recommended Action:Adopt Ordinance 2520to enact the Council’s decision approving Legislative Amendment 2013-01. B.Council Bill No.2965-A Resolution Approving Transfers of FY 34 2014-2015 Appropriations and Approving a Supplemental Budget Recommended Action:Hold a public hearing and adopt the attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. C.Award of Construction Contract for the Legion Park 37 Improvements Project, Bid No 2015-01 Recommended Action:That the City Council, acting in its July28, 2014Council Agenda Page ii capacity as the Local Contract Review Board, award the construction contract for the Legion Park Improvements Project, Bid No. 2015-01 to Nomarco, Inc. in the amount of $487,730.50. – 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. A.Planning Commission Approval of Planning Case DR 2013-06,40 Located at 1580 Industrial Avenue (Drift Creek) Recommended Action:No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it so desires. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT July28, 2014Council Agenda Page iii COUNCIL MEETING MINUTES JULY 14, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF 0:00 MARION, STATE OF OREGON, JULY 14, 2014 CONVENED The meeting convened at 7:13 p.m. withMayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Absent Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic and Development Director Hendryx, Public Works Director Scott, Police Chief Russell, Finance Director Head, Human Resources Director Hereford, Police Captain Garrett, Police Captain Alexander, Communications Coordinator Horton, Urban Renewal Manager Stowers,City Recorder Pierson CONSENT AGENDA 0:01 Woodburn City Council minutes of June 23, 2014 A. McCallum/Lonergan …adopt the Consent Agenda. The motion passed unanimously. DISCUSSION OF DRAFT ORDINANCE - AN ORDINANCE PROHIBITING 0:02 RESIDENTIAL PARKING ON UNIMPROVED AREAS;ALLOWING THE PLACING OF CITATIONSON ILLEGALLY PARKED VEHICLES AND PROVIDING ENFORCEMENT PROCEDURES City Administrator Derickson provided a staff report. Police Chief Russell provided a presentation on the draft ordinance and the variety of parking in the City of Woodburn. Councilor Ellsworth stated that she is concerned that we may be encouraging people to just throw gravel on what used to be their front lawn and then use it for parking. Councilor McCallum stated that this is more complex than he thought because there issuch a mix of different would like to see us back off and start parking situations. Councilor McCallum added that he taking this one piece at a time because there’s going to be hardships on households there’s going to be hardships on the City and that we need to do a lot of public outreach. Mayor Figley concurred that outreach is necessary and added that she can’t imagine making people pave their driveways but is okay with requiring gravel. Councilor Lonergan stated that he doesn’t think the City can stop people from graveling their front lawns and parking on them if they want to and that he doesn’t like the way it looks but feels they have a right to do it. He added that he would like to keep it simple and base it on the type of surface used for parking, not grass and not dirt. Councilor Cox stated that this is more than just an aesthetic issue and we should not be ashamed of the fact that we’re trying to make our community look better. He added that he would like to see as a first step getting rid of vehicles parked on lawns which do not have an improved or even graveled surface and that he is opposed to having a Page 1 - Council Meeting Minutes, July 14, 2014 1 COUNCIL MEETING MINUTES JULY 14, 2014 grandfather clause in the ordinance. Councilor Alonso Leon stated that she is in favor of outreach and educating the public on this ordinance. Durrell Crays, 167 N. Settlemier,stated that he is against people parking on their front lawns and believes that a permit should be required before adding gravel and then it has to have certain requirements such as not being able to pull up a lawn and add gravel. Ellen Bandelow stated that she doesn’t care whether a driveway is gravel or pavement but that there needs to be a designated parking area andadded that she wants to focus on the illegality of people parking on lawns. City Administrator Derickson stated that he would like more clarity on Councils direction for this ordinance. Councilor Cox stated that council doesn’t like multiple cars parked on lawns and would like to see if there is a way to control the location and amount of gravel placed on a property. He added that he would like to see if there is a way to ticket the owner of the property for allowing a car to park on the lawn instead of the registered owner and that the City also needs towing authority. Councilor Alonso Leon stated that she assumes the City would give warnings first and Councilor Cox stated that he is in favor of education on this issue but not on giving warnings before citing. COUNCIL BILL NO. 2963 - A RESOLUTION OF CONSENT BY THE CITY OF 1:00 WOODBURN TO ALLOW THE INCLUSION OF ALL ITS INCORPORATED TERRITORY WITHIN THE PROPOSED MARION COUNTY EXTENSION AND 4-H SERVICE DISTRICT McCallum introduced Council Bill No. 2963. Recorder Pierson read the bill by title only since there were no objections from the Council. Derek Godwin. OSU Extension Service and Cara Fischer from Citizens of Marion County provided information on the proposed Marion County Extension and 4-H service District. Tobie Hobick stated that she is a Master Gardner through the Marion County Extension and is in support of the resolution. Councilor Cox stated that he is not in favor of this because he feels that the voters of Woodburn should have a chance to vote on whether or not they want Woodburn to be a part of this. Councilor Alonso Leon stated that she sees the benefit of this program and supports it. On roll call vote for final passage, the bill passed 4-1with Councilor Cox voting no. Mayor Figley declared Council Bill No. 2963 duly passed. Councilor McCallum stated that he is in favor of these programs. URBAN GROWTH BOUNDARY DISCUSSION 1:21 Mayor Figley provided an update on her meeting with Senator Courtney and Representative Komp regarding the City’s current efforts in regards to the Urban Growth Boundary expansion. She also discussed a meeting that took place with DLCD staff to discuss the options. The options included having some sort of mediation, writing another order or waiting for the changes that may come in 2016 in regards to UGB expansions. Councilor Cox stated that he is in support of mediation as long as DLCD’s clock would stop so if mediation failed then we could still come back with an order. DIRECTOR APPROVAL OF PARTITION 2014-03 AND ZONING ADJUSTMENT 1:34 2014-01, LOCATED AT 1105 HARDCASTLE AVENUE Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT City Administrator Derickson stated that they are planning on canceling the second meeting in Page 2 - Council Meeting Minutes, July 14, 2014 2 COUNCIL MEETING MINUTES JULY 14, 2014 August. City Administrator Derickson thanked Councilor Ellsworth for bringing up the issues of signs. MAYOR AND COUNCIL REPORTS 1:42 Councilor Alonso Leon reminded people that there are a lot of fun activities going on and that Fiesta is coming up. Mayor Figley stated that the Bassett Hound games are taking place this Sunday at Legion Park. Councilor Ellsworth thanked everyone for coming out for Relay for Life. ADJOURNMENT 1:45 McCallum/Alonso Leon ...meeting be adjourned.The motion passed unanimously. The meeting adjourned at 8:59 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, July 14, 2014 3 4 5 6 7 8 9 10 CityofWoodburn CityofWoodburn PublicLibraryBoardMinutes PublicLibraryBoardMinutes July9, 2014 6:30p.m. CALL TO ORDER 1. The meeting was called to order at 6:30p.m. ROLL CALL 2. Position I J.D. Mitchoff (12/17) Present Position II Kristen Matthews (12/17) Absent Position III Nancy Kirksey, President (12/17) Absent Position IV Neal Hawes, Vice-President (12/15) Present Position V Ian Niktab (12/17) Present Position VI Phyllis McKean (12/16) Present Position VII Mason Brown (7/17) Present MINUTES April 9, 2014 3. JD Mitchoff/Neal Hawes Motion to accept the minutes was offered and seconded. The motion passed unanimously. BUSINESS FROM THE PUBLIC 4. None. BOARD REPORT 5. None. OLD BUSINESS 6. None. NEW BUSINESS 7. Building Update John Hunter Hunter relayed a list of recent improvements to the library facility, including: New entry doors at both the Park and Second St. entrances and new actuators on the power-assisted doors. This was paid for as a capital improvement. Painting of the entire interior of the new building. This was the first time the facility had been painted in over 20 years. This phase of the painting cost just over $13,000. The second phase, which will include the ramp and meeting rooms, will begin soon. New plantings at the Second St. entrance. New promotional signage at the Park and Second St. entrances, which replaced the large community bulletin boards. A smaller community bulletin board is now located adjacent to the free book shelf. 11 Patrons have been noticing these improvements and commenting favorably. The library looks better now than it has in years. Summer Nights 2014 John Hunter Hunter provided an overview of the 2014 Summer Nights Concerts series. The first of five concerts occurred on Tuesday, July 8. Attendance was strong for a first night with over 225 folks in attendance. Vendor interest has been strong this year, and word of series is fully paid through the sale of sponsorships to community businesses. Not counting staff time, expenses for the concerts portion of Summer Nights total $5,925. New Operating Schedule John Hunter on July 1, 2014. The new schedule is: Monday through Thursday 10 a.m. to 7 p.m. Friday 10 a.m. to 5 p.m. Saturday through Sunday 1 p.m. to 5 p.m. MANAGER REPORTS 8. Library Statistics April-June 2014 John Hunter Quarterly statistics indicated acontinued decline in the number of visitors to the library. However, circulation was much stronger throughout the quarter. In fact, total year circulation will finish higher than the previous year. Hunter will now report the use of Library2Go e-books and downloadable audiobooks on a monthly basis, as this is an increasingly popular use of the Library. Librarians are offering more programs, and generally program attendance is higher. Kindle Lending Program John Hunter The new Kindle Lending Program continues to have low participation. This is discouraging given the high level of investment in each device. Each device has cost approximately $260 counting the reader, cover and books. However, each device has averaged only 5.6 circulations. Library staff will continue to promote the service in hopes of expanded use. If demand doesnt grow in the remainder of the year, Hunter will seek buy-in from the Friends of the Library to give the devices away as prizes for the popular adult Summer Reading Program. FUTURE BOARD BUSINESS 9. Next scheduled meeting is October 8, 2014 ADJOURNMENT 10. J.D. Mitchoff / Neal Hawes Motion to adjourn meeting and seconded at 7:15p.m. 12 13 14 15 16 17 Agenda Item July 28, 2014 TO:Honorable Mayor and Councilthrough City Administrator FROM:Sarah Head, Finance Director SUBJECT: 2014-2015 SUPPLEMENTAL BUDGET REQUEST RECOMMENDATION: Hold a public hearing and adoptthe attached resolution approving a supplemental budget for fiscal year 2014-2015 for the funds and departments listed on Exhibit A. SUPPLEMENTAL BUDGETS GENERALLY: Every year, after the budget is adopted by Council, circumstances and events arise that were either unforeseen or not quantifiable at the time the budget was prepared and adopted. In addition, supplemental budgets can be used to correct errors or oversights. This request includes both of these types of situations. Oregon Budget Law provides for changes to adopted budgets through a supplemental budget process that requires that the City provide public notice of the proposed changes and, if the change is greater than 10% of any fund’s total expenditures, hold a public hearing to discuss the proposed changes and accept public testimony on the changes. Staff provided the required public notice via the Statesman Journaland the hearing will be held at the Council meeting on the 28prior to consideration of the resolution. th Like the adopted budget, supplemental budget requests must be balanced; in other words, net revenue and net expense for the request must be equal. This can be accomplished by budgeting additional revenue, or by reducing another expenditure category (such as contingencies). DETAIL OF THIS REQUEST This entire supplemental budget relates to the Legion Park project, which is also on the agenda. The following adjustments are necessary to fund the new scale of the project. _ Agenda Item Review: City Administrator __x____City Attorney __x____Finance ____x__ 18 Honorable Mayor and City Council July 28, 2014 Page 2 REVENUE General Cap Const Fund:State Grants $(61,000) The City utilized $61,000 of the total grant awarded for Legion Park duringFY 2013-14.Since the funds were already utilized for the project they are not available in FY 2014. General Cap Const Fund: Transfer from Parks SDC $161,000 This additional transfer from Parks SDC represents the increase in FY 14-15 project expenditures and an adjustment for the grant funds used in FY 13-14. Parks SDC Fund: Parks SDC Fundrevenues are not impacted by this supplemental budget. EXPENDITURES General Cap Const Fund:Capital Outlay $100,000 The increase in Capital Outlay represents the additional funds needed to meet required project expenditures of $562,800 for FY 14-15. Parks SDC Fund:Transfer to Gen Cap Const Fund $161,000 See General Cap Const Fund: Transfer from Parks SDC discussion above. Parks SDC Fund:Contingency & Reserve $(161,000) The Transfer to Gen Cap Const Fund will decrease the Reserve for Future Construction. 19 Honorable Mayor and City Council July 28, 2014 Page 3 FINANCIAL IMPACT: General Cap Const Fund Revenue: State Grants $ (61,000) Transfer from Parks SDC161,000 Total Revenues100,000 Expenditures: Capital Outlay$ 100,000 Total Expenditures100,000 Parks SDC Fund Revenue: $- Total Revenues- Expenditures: Transfer to Gen Cap Const Fund$ 161,000 Conting & Reserve (161,000) Total Expenditures- 20 Agenda Item July 28, 2014 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Ordinance enacting Legislative Amendment 2013-01 regarding Planned Unit Developments : RECOMMENDATION Adopt Ordinance 2520to enact the Council’s decisionapproving Legislative Amendment 2013-01. BACKGROUND: At its June 23, 2014 meeting, the Council unanimously approved Legislative Amendment 2013-01 regarding Planned Unit Developments and directed Staff to prepare an Ordinance to amend the Woodburn Development Ordinance accordingly. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have minimal financial impacts to the city. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance ___x__ 21 COUNCIL BILL NO. 2964 ORDINANCE NO. 2520 AN ORDINANCEMAKING CERTAIN TEXTUAL AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE REGARDING PLANNED UNIT DEVELOPMENTS the Woodburn Development Ordinance ("WDO") was originally WHEREAS, adopted by the City Council in 2002; and on May 11, 2009, the City Council approved a Focus Group to WHEREAS, review the provisions of the WDO and recommend improvements to the entire ordinance; and both procedural and substantive amendments have previously WHEREAS, been enacted; and the Planned Unit Development(“PUD”)provisions of the WDO WHEREAS, were reservedby the City Councilfor further consideration; and the Woodburn Planning Commission conducted workshops and WHEREAS, public hearings on the PUD amendmentsand forwarded them to the City Council, with a unanimous recommendation of approval; and the City Council conducted a workshopconcerning the PUD WHEREAS, amendments on June 9, 2014where there was an opportunity to discuss these legislative amendmentsand; on June 23, 2014, the City Council conducted a public hearing WHEREAS, and unanimously voted for staff to prepare an ordinance making these textual amendments; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: The text of Section 3.09 of the WDO is amended as set forth in Section 1. Exhibit A. The text Section 4.02.09 of the WDO is amended as set forth in Section 2. Exhibit B. The text Section 5.01.07 of the WDO is amended as set forth in Section 3. Exhibit C. - Council Bill No. 2964 Page 1 Ordinance No. 2520 22 The text Sections 5.03.06 and 5.03.07 of theWDO is amended Section 4. as set forth in Exhibit D. 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. 2964 Page 2 Ordinance No. 2520 23 3.09Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs).PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. 3.09.01Allowable Types and Minimum Area of PUDs 3.09.02Allowed Uses 3.09.03Density Transfer 3.09.04 Conceptual Development Plan 3.09.05Detailed Development Plan 3.09.06 Development Standards 3.09.07 Modifications to an Approved Detailed Development Plan 3.09.08Nullification 3.09.09Owners/Tenants Association 3.09.10 Phasing 3.09.01Allowable Types and Minimum Area of PUDs A.Transfer of Density PUD 1.ATransfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site, but not to increase the overall number of dwelling units allowed on the site. Note: This development option is often called cluster housing. 2.There is no minimum site area for a Transfer of Density PUD. B.Residential PUD 1.AResidential PUD shall consist entirely of property zoned RS, RSN, R1S, orP/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2.A Residential PUD shall containa minimum of twoacres. C.Mixed-UsePUD 1.A Mixed-Use PUD may consist of property in any zone or zones. A Mixed-UsePUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2.AMixed-UsePUD shall containa minimum of threeacres. Woodburn Development Ordinance Section 3.09Page 161 EXHIBIT A 24 3.09.02Allowed Uses A.Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses, and multiple-family dwellings shall be allowed in a Transfer of DensityPUD. B.Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C.Mixed-UsePUD 1.Any use allowed in any zone shall be allowed in a Mixed-UsePUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. 2.Mixed-Use PUDs are limited to a maximum of one third of the gross area of the non-district uses. There shall be no net increase of commercial or industrial area. Example: Commercial or industrial uses are limited to one third of the gross area of a residential zone.Residential uses are likewise limited to one third of the area of a commercial or industrial zone but are unrestricted in a residential zone. 3.Industrial uses shall be separated from residential uses (whether within the PUD or outside it) by at least 30feet, except for one dwelling unit in conjunction with an industrial use, as allowed by Table 2.04A. 3.09.03Density Transfer A.Any PUDmay be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site. Up to 40 percent of the density may be transferred, except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B.If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan, an additional 20 percent of the density may be transferred. C.If the PUD dedicates to the City property abutting a public park, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D.If the improved common area of the PUD is available for use by the public, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area. The area must be permanently posted with a sign reading, “This common area is available for use by the public.” E.If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount, quality, and variety of the enhanced landscaping or buffering. Woodburn Development Ordinance Section 3.09Page 162 EXHIBIT A 25 F.If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent, the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G.If the PUD plan proposes other environmental, sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount, quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. 3.09.04Conceptual Development Plan A.PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviewsmay be accomplishedsequentially or asa consolidated review, at the applicant’s discretion. B.A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood, existing site conditions, general development areas, phasing, land uses, building envelopes, architectural theme, landscaping and buffering, streets, bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other information the Director may deem necessary to convey the concept plan. 3.09.05Detailed Development Plan A.PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviewsmay be accomplishedsequentially or asa consolidated review, at the applicant’s discretion. B.No building, grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C.Buildings shown on a DetailedDevelopment Plan are exempt from Design Review if they are in substantial conformity to the DetailedDevelopment Plan (see Section 3.07.01.B). D.ADetailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed. A DetailedDevelopment Plan shall provide specific information regarding the site layout, architecture, and proposed amenities. A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase, or that does not meet the standards of this Section shall not be approved. The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. 3.09.06DevelopmentStandards A PUD is intended to allow flexibility in the development standards of Sections 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Woodburn Development Ordinance Section 3.09Page 163 EXHIBIT A 26 Variance. Any standard that is not proposed for modification shall apply to the PUD. The development standards stated below shall not be modified through the PUD process. A.Common area anddensity shall comply with Table 3.09A. Common Area and DensityStandards for Planned Unit Developments Table 3.09A Transfer ResidentialMixed-Use of Density Four or fewer dwelling unitsAll undevelopablesite area Common Area, Five or more dwelling units, or 30 percent of gross site area, including all 1 Minimum nonresidential usesundevelopablesite area Improved Four or fewer dwelling unitsNone Common Five or more dwelling units100 square feet per dwelling unit Area, Nonresidential uses None None None Minimum Residential Density, Minimum (units per net 2 5.25.25.2 acre) Multiple-family 161616 dwelling Child care facility, 333 group care facility or 323232 Residential Density, nursing home Maximum (units per net acre) Manufactured 121212 dwelling park Not Not 4 Any other use Not specified 44 specified specified 1.At least one common area shall be sized to accommodate a circle 25feet in diameter. 2.Inresidential zones only. There is no minimum for non-residential zones. 3.Child care facility for 13 or more children, group home for six or more persons. 4.The maximum density is determined by setbacks, off-street parking, open space, and other requirements. B.Improved Common Area 1.Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. 2.Common meeting or recreation rooms are deemed to be improved common areas. 3.Improved common areasare subject to the performance guarantee provisions of Section 4.02.08. Woodburn Development Ordinance Section 3.09Page 164 EXHIBIT A 27 C.Streets 1.A PUD shall conform to and, where possible, enhance existing or planned vehicle, pedestrian and bicycle networks, including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations), 7-3 (Pedestrian Plan), and 7-4 (Bicycle Plan) of the Transportation System Plan. 2.All streets shall be public. 3.Boundary and connecting streets shall use the street sections of Section 3.01.04. 4.Internal streetsmay use the street sections of Section 3.01.04, or the PUD may propose other street sections, provided that the streets: a.conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b.include sidewalks, and c.are constructed to the specifications of the Public Works Department. D.Parking If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. E.Signs 1.A PUD may include a sign plan to require a common architectural design and location. 2.The standards of the Mixed Use Village (MUV) zone shall apply to commercial uses in the residential zones of a Mixed-UsePUD. 3.09.07Modifications to an Approved Detailed Development Plan A.The Director may administratively approve minor modifications to an approved Detailed Development Plan. B.Major modifications are those that propose to change the proposed uses, increase density, relocate buildings, parking, or access points, reduce common area or the amenities provided in improved common area, or, in the opinion of the Director, are more than minor modifications. Major modifications to an Approved DetailedDevelopment Plan shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. 3.09.08Nullification A.Nullification of a PUD shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. The burden of proof is on the applicant to justify nullification of the PUD, giving substantial evidence that: 1.Developing the property under conventional standards and regulations will not create nonconforming development; 2.Special circumstances, such as building relationships, drainage ways, public Woodburn Development Ordinance Section 3.09Page 165 EXHIBIT A 28 improvements, topography, and so forth that were to be addressedthrough the PUDcan be dealt with as effectively with conventional standards; 3.Conditions of approval of the PUD can be met with conventional standards, or are no longer necessary; and 4.No prior commitments involving the property (such as density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development)were made that would adversely affect the property, other properties, or the City. 3.09.09Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants, shall be subject to control by an association of owners or tenants. 3.09.10Phasing A.A PUD may be developed in phases, pursuant to Section 5.03.05. B.Phases shall be functionally self-contained with regard to access, parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion. C.The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D.At least one improved common areasized to accommodate a circle 25feet in diameter shall be provided with the first phase. Woodburn Development Ordinance Section 3.09Page 166 EXHIBIT A 29 4.02 Review, Interpretation and Enforcement 4.02.09Reapplication Limited 1.If the application is denied or withdrawn following the close of the public hearing, no reapplication for the same or substantially similar proposal may be made for one year following the date of the final decision. 2.This Section shall not apply to Conceptual Development Plans for Planned Unit Developments (Section 3.09.04). Woodburn Development Ordinance Section 4.02Page 207 EXHIBIT B 30 5.01 Type I (Administrative) Decisions 5.01.07 Planned Unit Development (PUD), Final Plan Approval A.Purpose: The purpose of this review is to ensure that the Final PUD Plan isin substantial conformance with the conditions of the PUD Detailed Development Plan approval. B.Procedure: 1.The Director shall determine whether the Final PUD Plan conforms to the PUD DetailedDevelopment Plan approval, including all conditions and other applicable State statutes and City ordinances. 2.The Director shall determinethat all public facilities are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). 3.The Director shallapprove the Final PUD Plan if it is in substantial conformance with the requirements of this Section. a.The PUD, including the CC&R’s, is in compliance with conditions of the initial PUD approval. b.The PUD final plat is complete and accurate and the property has been surveyed and monumented in compliance with State Statutes (ORS Chapter 92). 4.If the Director determines that the final plat does not conform, the applicant shall be advised by written notice. The applicant shall have 30 calendar days to correct the plat. 5.The final plat and the CC&R’s shall be recorded with Marion County within 30 calendar days of signature. Acceptance by the City of the land dedicated to the public by means of a plat occurs upon the recording of the plat. 6.Building permits can be issued for the subject property upon recording of the final plat. Woodburn Development Ordinance Section 5.01Page 214 EXHIBIT C 31 5.03 Type III (Quasi-Judicial)Decisions 5.03.06Planned Unit Development (PUD), Conceptual Development Plan Approval A.Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards, while at the same time meeting the overall intent of this Ordinance (Sections 2 and 3). PUDs are governed by Section 3.109. B.Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1.That approval does not impede the future best use of the remainder of the property, or adversely affect the efficient development of any adjoining land or access thereto. 2.That the proposed development is served with City streets, water, sewer and storm drainage facilities with adequate capacity. 3.That the plan for the development takes into account topography, vegetation and other natural features of the site. 4.That adequate measures have been planned to alleviate identified hazards and limitations to development: a.For wetlands, these shall be the measures required by the Division of State Lands for regulatory wetlands. b.For unstable areas, these measures shall be documentation as approved by the Public Works Department, ensuring that streets and building sites are on geologically stable soil, considering stress and loads. 5.If phased, that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. 6.That the requested flexibility in developmentstandards is justified by commensurate public benefits. 7.That the proposed PUD is compatible with surrounding developments and neighborhoods. 8.That the tentative plan complies with all applicable provisions of this ordinance. 5.03.07Planned Unit Development (PUD), Detailed Development Plan Approval A.Purpose: The purpose of this Type III review is toensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance (Sections 2 and 3) and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. Woodburn Development Ordinance Section 5.03Page 228 EXHIBIT D 32 B.Criteria: 1.The Detailed Development Planshall substantially conform to the approved Conceptual Development Plan,including conditions of approval. 2.The Detailed Development Planshall refine and make specificthe Conceptual Development Plan. 3.The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. 4.The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. Woodburn Development Ordinance Section 5.03Page 229 EXHIBIT D 33 COUNCIL BILL NO. 2965 RESOLUTION NO. 2052 A RESOLUTION APPROVING TRANSFERS OF FY 2014-2015APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET ORS294.463(1) permits “transfers of appropriations” within any WHEREAS, fund “when authorized by official resolution or ordinance of the governing body”; and ORS294.463(2)limits “transfers of general operating WHEREAS, contingency appropriations to no more than fifteen (15) percent of the total appropriations of the fund” unless adopted pursuant to a supplemental budget; and transfers made pursuant to any of the above must state the WHEREAS, need for the transfer, the purpose for the authorized expenditure, and the amount of the appropriation transferred; and ORS294.471(1)(a) permits supplemental budgets when “an WHEREAS, occurrence of condition which had not been ascertained at the time of the preparation of a budget for the current year or current budget period which requires a change in financial planning”; and ORS294.473requires the governing body to hold a public WHEREAS, hearing on the supplemental budget when the estimated expenditures contained in the supplemental budget for fiscal year or budget period differ by then (10) percent or more of any one of the individual funds contained in the regular budget for that fiscal year; and the transfers contained herein are made pursuant to ORS WHEREAS, 294.463; and the supplemental budgetcontained hereinis made pursuant to WHEREAS, ORS 294.471; and a public hearing was heldJuly 28, 2014onthe supplemental WHEREAS, budget changes, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That pursuant to the applicable ORS provisions cited above, Section 1. Page 1 – COUNCIL BILL NO. 2965 RESOLUTION NO. 2052 34 theCity Council hereby approves the transfers of appropriations and supplemental budget for FY 2014-15 in the amounts listed in Exhibit “A.” 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 2 – COUNCIL BILL NO. 2965 RESOLUTION NO. 2052 35 City of Woodburn 2014-2015 Supplemental Budget Exhibit A July 28, 2014 CǒƓķhƩźŭźƓğƌ{ǒƦƦƌĻƒĻƓƷğƌ wĻǝźƭĻķ DĻƓ /ğƦ /ƚƓƭƷƩǒĭƷźƚƓ CǒƓķ wĻǝĻƓǒĻ State Grants 277,800 (61,000) 216,800 Transfer from Parks SDC 185,000 161,000 346,000 ƚƷğƌ wĻǝĻƓǒĻ ЍЏЋͲБЉЉ ЊЉЉͲЉЉЉ ЎЏЋͲБЉЉ 9ǣƦĻƓƭĻ Capital Outlay - Legion Park 462,800 100,000 562,800 Overtime ƚƷğƌ 9ǣƦĻƓƭĻ ЍЏЋͲБЉЉ ЊЉЉͲЉЉЉ ЎЏЋͲБЉЉ tğƩƉƭ {5/ CǒƓķ 9ǣƦĻƓƭĻ Transfer to Gen Cap Const Fund 185,000 161,000 346,000 Contingency 271,785 (161,000) 110,785 ƚƷğƌ 9ǣƦĻƓƭĻ ЍЎЏͲАБЎ Ώ ЍЎЏͲАБЎ 36 Agenda Item July28, 2014 TO:Honorable Mayor and City Council through City Administrator FROM:Jim Row, Community Services Director SUBJECT: Legion Park Improvements Award of Construction Contract for the Project , Bid No 2015-01. RECOMMENDATION: Thatthe City Council, acting in its capacity as the LocalContract Review Board, awardthe construction contract for , Bid the Legion Park Improvements Project No. 2015-01to Nomarco, Inc. in the amount of $487,730.50. BACKGROUND: The contract involves the installation of a new park pavilion/ restroom structure, a new asphaltpathway, storm drain system improvements, irrigation and landscaping improvements. This project was identified as a fundedCapital Improvement Project in the adopted FY 14/15 budget. Bids were opened on July 17, 2014.Five (5) bids were received, opened and recorded as follows: Nomarco, Inc.$487,730.50 Green Thumb Landscaping & Maint.$511,999.99 Brown Contracting $600,706.00 Bill Erickson Heavy Const.Non-Responsive P.C.R., Inc. Non-Responsive The Engineer's Estimate $423,056.00 The recommended award is 15% abovethe Engineer’s estimate. DISCUSSION: This project will complete the remaining components of the Legion Park Improvement Project and will provide significant park enhancements, including a Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 37 Honorable Mayor and City Council July 28, 2014 Page 2 new pavilion, additional landscaped lawnareas, pathways, drainage andan irrigation system. The project was designed toprovide forincreased park utilization and improved aesthetics, while increasing the livability of the surrounding neighborhood. The City originally opened bids for the project onJune 5, 2014. However, the bids were rejected due to significant error with the low bid. In order to reduce the cost of the project, reductions were made to the scopeand it was rebid on July 2, 2014. The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter279C and the laws, regulations of the City of Woodburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The project, which will span FY13/14 and FY14/15, was originally estimated to cost $462,800. A grant from the Oregon Local Government Grant Program was awarded in the amount of $277,800, with the balance of $185,000 to be funded by ParksSDCs. In FY 13/14, the City expended $102,000on project activities, including architectural and engineering services, an arborist assessment and tree removal, permits, light pole replacement, fence removal and a new park sign. FY 14/15, projectcosts are expected to be $562,000, and will include the subject construction contract, construction administration, lumber milling, permits, and construction contingency. This will bring the total project costs to approximately $664,000;well in excess of the original estimate and the amount of budgeted funds.Unfortunately, design costs and the expense of constructing the pavilion far exceeded original estimates. Withgrant funds in the amount of$277,800, the balance of $386,200 will be covered by Parks SDCs.The Parks SDC fund is expected to have a FY 14/15 beginning fund balance of approximately $431,000. FY 14/15 SDC obligations are anticipated to be $346,000. FY 14/15 SDC collectionsare budgeted at $90,000. FY13/14 collections were $125,000. Withoutaccounting for FY 14/15 SDC collections, completing this project will leave the Parks SDC Fund with a balanceof approximately $85,000. Such a low balancewill likely preclude the City from undertaking a significant park 38 Honorable Mayor and City Council July 28, 2014 Page 3 improvement project for many years. More than likely, the next significant project on the horizon will be the next phase of work at Legion Park. 39 Agenda Item July 28, 2014 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT:Planning Commission Approval of Planning CaseDR 2013-06, Located at 1580 Industrial Avenue (Drift Creek) : RECOMMENDATION No action is recommended. This item is placed before the Council for informationalpurposes, in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it so desires. BACKGROUND: The applicant requests a Design Review for a 20,000 square foot storage building. The property is zoned Industrial Park (IP), and is designated Industrial on the Comprehensive Plan Map. Abutting properties are zoned Industrial Park (IP) and Commercial General (CG). The property was previously used for mobile home sales, under SPR 1992-02.The Planning Commission conducted a public hearing and unanimously approved the applications, subject to conditions of approval. 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____ 40 Honorable Mayor and City Council July 28, 2014 Page 2 Zoning map showing the subject property Site Plan 41 Honorable Mayor and City Council July 28, 2014 Page 3 Building Elevations 42