September 14, 2015 Agenda
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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
None.
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6.COMMUNICATIONS
.
None
–
This allows the public to introduce items for Council
7.BUSINESS FROM THE PUBLIC
consideration not already scheduled on the agenda.
–Items listed on the consent agenda are considered routine
8.CONSENT AGENDA
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A.Woodburn City Council minutes ofAugust 10, 20151
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.**
September 14, 2015Council Agenda Page i
Recommended Action: Approve the minutes.
B.Woodburn City Council Executive Session minutes of August 4
10, 2015
Recommended Action:Approve the minutes.
C.WoodburnPlanning Commission minutes of December 11, 5
2014
Recommended Action: Receive the minutes.
D.Liquor License Change of Ownershipapplication for El Tule 9
Taqueria
Recommended Action:The Woodburn City Council
recommends that the OLCC approve a Change of Ownership
application for El Tule Taqueria.
E.Crime Statistics through July 201511
Recommended Action: Receive the report.
F.Building Activity for July 201516
Recommended Action: Receive the report.
G.Building Activity for August201517
Recommended Action: Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
None.
–Members of the public wishing to comment on items of general
11.GENERAL BUSINESS
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. 2987-An Ordinance Amending Ordinance 1957 18
Removing Boones Ferry Road North of Oregon State Highway
214 as a Designated Truck Way
Recommended Action:The City Council adopt the attached
Ordinance, amending Ordinance 1957 by removing the
designation of NorthBoones Ferry Road from Oregon State
Highway 214 to the North City Limits as a Truck Way.
September 14, 2015Council Agenda Page ii
B.Consideration of Additional Marijuana Actions22
Recommended Action:As a follow-up to the August 10
workshop, the City Council will consider whether it is
necessary to take any further policy actions regarding
marijuana.
C.Council Bill No. 2988-An Ordinance Prohibiting the Sale of 47
Limited Marijuana Retail Product in the City of Woodburn and
Declaring an Emergency
Consideration Optional:To beintroduced only if the City
Council decides after a policy discussion to prohibit the early
sale of recreational marijuana.
D.Association Building Appraisal49
Recommended Action:It is recommended that the City
Council direct staff, via a motion, to continue a multi-faceted
approach to develop the Association Building, the City will
continue to promote the property, work with local
organizations, and list the property for sale at $500,000.
E.Consideration ofS.First StreetPropertyAppraisal52
Recommended Action:It is recommended that the City
Council direct staff on the next appropriate step in the
disposition of this property, which may include listing the
property for sale, or holding onto these properties for future
public use.
F.IntergovernmentalAgreement with Marion County53
Recommended Action:It is recommended that the City
Council authorize the City Administrator to sign a renewed
Intergovernmental Agreement (IGA) with Marion County for
Structural/Mechanical Inspection and Plan Review.
–
These are
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
A.Planning Commission Approval of Cases SUB 2014-01 andZA59
2015-02, located at 1020 Brown Street (Brown Estates)
Recommended Action:No action is recommended. This item
is placed before the Council for information purposes, in
compliance with the Woodburn Development Ordinance.
The Council may call up this item for review if it desires.
September 14, 2015Council Agenda Page iii
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To consult with counsel concerning the legal rights and duties of a public body
with regard to current litigation or litigation likely to be filed pursuant to ORS
192.660 (2)(h).
To consider records that are exempt by law from public inspection pursuant to
ORS 192.660 (2)(f).
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 14, 2015Council Agenda Page iv
COUNCIL MEETING MINUTES
AUGUST 10, 2015
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, AUGUST 10, 2015
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor FigleyPresent
Councilor CarneyAbsent
Councilor LonerganPresent
Councilor SchaubPresent
Councilor Morris Present
Councilor EllsworthPresent
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief Russell,
Sergeant Millican, Public Works Director Scott, Economic and Development Director
Hendryx, City Engineer Liljequist, Communications Coordinator Horton, City Recorder
Pierson
ANNOUNCEMENTS AND APPOINTMENTS
0:02
The City Council meeting scheduled for August 24, 2015 has been cancelled. The next
Council meeting will take place September 14, 2015.
COMMUNICATIONS
0:12
Mayor Figleystated that she received a letter from the President of the Oregon Association
of Municipal Recorders informing her that the City Recorder received certified municipal
clerk designation and offered her congratulations.
BUSINESS FROM THE PUBLIC
0:56
Ellen Bandelow, 199 Smith Drive provided information on the newly created Woodburn
Senior Center.She added that there will be an initial meeting for anyone who’s interested on
September 9 at 10:00 am at the United Methodist church.
Nancy Kirksey, 1049 McKinley Street, would like to see no smoking signs in the park
similar to those at Chemeketa. She provided a photo of one of the Chemeketa smoke free
zone signs to Council.
CONSENT AGENDA
1:04
A.
Woodburn City Council minutes of July 27, 2015,
B.
Woodburn Recreation and Park Board minutes of July 14, 2015.
Lonergan/Ellsworth
... adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 2986 - A RESOLUTION AUTHORIZING EXECUTION OF A
1:06
POLICE MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF
Page 1 - Council Meeting Minutes, August 10, 2015
1
COUNCIL MEETING MINUTES
AUGUST 10, 2015
WOODBURN AND THE CITY OF TURNER
Lonergan
introduced Council Bill No. 2986. Recorder Pierson read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Figley declared Council Bill No. 2986 duly passed.
ACCEPTANCE OF A PUBLIC UTILITY EASEMENT AT 891 N. SETTLEMIER
AVENUE (WOODBURN GRANGE NO. 79), WOODBURN, OR 97071 (TAX LOT
051W07CA00600)
Lonergan/Ellsworth
... accepts a Public Utility Easement granted by Woodburn Grange
NO. 79, property owner of 891 N. Settlemier Avenue, Woodburn, OR 97071 (Tax Lot
051W07CA00600). The motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
1:07
City Administrator Derickson thanked city staff and others who helped with Fiesta and that
it was a great success. He also provided an update on the recruitment of the new chief of
police. Mr. Derickson reminded people that City Council meetings are now streaming live
on the City’s website.
MAYOR AND COUNCIL REPORTS
1:21
Councilor Alonso Leon thanked city staff and volunteers for their work on the Fiesta.
Mayor Figley stated that a good time was had by all at the Fiesta and that it was fun to be
part of it.
Councilor Ellsworth stated that she has heard great things about the Fiesta from her
grandkids.
Councilor Schaub stated that she was awestruck by the amount of people watching the
parade and she is pleased that the Fiesta is doing so well.
WORKSHOPMARIJUANA UPDATE
-
1:26
Mayor Figley opened the workshop at 7:20 p.m. to discuss what the legislature has done and
what the City’s options are in regards to marijuana. City Attorney Shields, Police Chief
Russell provided a presentation. Council members asked questions and provided comments
and direction. City Administrator Derickson stated that they will have another work session
on this topic in September to answer the Council’s questions and discuss which option they
want to pursue. Mayor Figley thanked staff for their presentation and closed the workshop at
8:25 p.m.
EXECUTIVE SESSION
Mayor Figley entertained a motion to adjourn into executive session under the authority of
Lonergan/Alonso Leon
ORS 192.660(2)(h) and ORS 192.660(2)(f). … move into
executive session. The Council adjourned to executive session at 8:26 p.m. and reconvened
at 9:08 p.m. Mayor Figley stated that no action was taken by the Council while in executive
Page 2 - Council Meeting Minutes, August 10, 2015
2
COUNCIL MEETING MINUTES
AUGUST 10, 2015
session.
ADJOURNMENT
1:56
Morris/Ellsworth
...meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:09 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, August 10, 2015
3
EXECUTIVE SESSION
COUNCIL MEETING MINUTES
AUGUST 10, 2015
DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON,AUGUST 10, 2015
CONVENED
The Council met in executive session at 8:30 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor FigleyPresent
Councilor Schaub Present
Councilor Lonergan Present
Councilor Carney Absent
Councilor Morris Present
Councilor Alonso LeonPresent
Councilor Ellsworth Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Economic and Development
ServicesDirector Hendryx, Communications Coordinator Horton, City Recorder Pierson
Others Present:
Pete McCallum
Media Present:
None.
The executive session was called:
To conduct deliberations with persons designated by the governing body to carry on labor
negotiations pursuant to ORS 192.660(2)(h) and ORS 192.660(2)(f).
ADJOURNMENT
The executive session adjourned at 9:08 p.m.
APPROVED_______________________________
KATHRYN FIGLEY, MAYOR
ATTEST_______________________________
Heather Pierson,CityRecorder
City of Woodburn, Oregon
Page1 – Executive Session, Council Meeting Minutes,August 10, 2015
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8
Agenda Item
September 14, 2015
TO:Honorable Mayor and City Council through City Administrator
FROM:Jason R. Alexander, Captain
SUBJECT:
Liquor License Change of Ownership
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve a Change of
Ownership application for El Tule Taqueria
BACKGROUND:
Applicant: Joaquina Zaragoza-Cabera
392 W Cleveland St.
Woodburn, Oregon 97071
408.768.6744
Business:El Tule Taqueria
450 N First St.
Woodburn, Oregon 97071
503.981.9000
Owner: Joaquina Zaragoza-Cabera
392 W Cleveland St.
Woodburn, Oregon 97071
408.768.6744
License Type: -Permits beer, wine, cider, hard alcohol sales
Full On-Premise Sales
for on-premise consumption only.
OnAugust 4, 2015the Woodburn Police Department received anapplication,
requesting approval for a change of ownershipfor El Tule Taqueria located at
450 N. First St, Woodburn Oregon 97071. The above mentioned applicant is
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
9
Honorable Mayor and City Council
September 14, 2015
Page 2
applying for a change in ownership full-on-premise sales license through the
Oregon Liquor Control Commission.
The business will be open daily, Monday thru Wednesday, from 9:00am to
10:00pm Thursday thru Saturday 9:00am to 2:00amand Sunday from 9:00am to
12:00am. There will be food service while the business is open and alcohol will
be served during this time. There will be recorded music and karaoke, no lottery
or coin operated machines. The police department has received no
communication from the public or surrounding businesses in support of or
against the change of ownership.
DISCUSSION:
The Police Department has completed a background investigation on the
applicant and found nothing which would preclude the issuance of this license.
FINANCIAL IMPACT:
None.
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AgendaItem
September 14, 2015
TO:Honorable Mayor and City Council through City Administrator
FROM:Randy Scott, Public Works Director
SUBJECT:
North Boones Ferry Road Truck Traffic
RECOMMENDATION:
The City Council adopt the attached Ordinance, amending Ordinance 1957 by
removing the designation of North Boones Ferry Road fromOregon State
Highway 214 to the North City Limits as a Truck Way.
BACKGROUND:
At theJune 9th, 2014City Council meeting it was requested thatstaff look into
the amount of trucktraffic on North Boones Ferry Road. Councilor Lonergan
indicated his concern about the Semi Trucks that are using North Boones Ferry
Road and asked for an assessment onrestricting truck trafficto service vehicles.
Staff report was received by the City Council on the Issue at the regular
scheduled meeting of September 8, 2015. City Councilbased on the
recommendation authorizedthe City Administrator, on behalf of the City Council
as the Local Road Authority to request the Marion County Board of
Commissioners evaluate restricting truck traffic on North Boones Ferry Road.
Mayor Figley on behalf of the City Council by letter dated October 8, 2014,
requested the Marion County Board of Commissioners evaluate restricting truck
traffic on North Boones Ferry Road.
By letter dated July 8, 2015 Marion County Board of Commissioners responded to
the City of Woodburn’s request indicating that they strongly concurred with the
City Recommendation and would like to jointly proceed in restricting truck traffic
on Boones Ferry Road to no through trucks between Oregon State Highway 214
and Ehlen Road.
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
18
Honorable Mayor and City Council
September 14, 2015
Page 2
DISCUSSION:
Ordinance 1957 designates North Boones Ferry Road as a “Truck Way” and by
definition is an acceptable route forcommercial operation of motor trucks, truck
trailers, and truck tractors but does not provide fora through-city route.Although
a truck wayis not athrough-cityroute, the ordinance only prohibits trucks from
driving on streets not designated as a truck routeor a truck way. Since North
Boones Ferry Road is a truck way, the City currently would not cite a truck driver
for using the road. Schedule “B”of Ordinance 1957lists those roads designated
as truck ways, of which North Boones Ferry Road is one.
The attached Ordinance removes North Boones Ferry Road from State Highway
214 to the NorthCity limitsfrom Schedule “B”as a Truck Way. Truck traffic would
then be restricted to local access onlyand allow citation of violators.
FINANCIAL IMPACT:
There will be no financial impact by this action.
19
COUNCIL BILL NO.2987
ORDINANCE NO. 2528
AN ORDINANCE AMENDING ORDINANCE 1957 REMOVINGBOONES FERRY ROAD
NORTH OF OREGON STATE HIGHWAY 214 AS A DESIGNATED TRUCK WAY
City of Woodburn Ordinance 1957was enacted to designate
WHEREAS,
Truck Routes;prohibiting use generally or other streets, roads and highways for
operation of trucks, or heavy vehicles, and prohibiting use of air exhaust brakes;
and
the Mayor on behalf of the City Council by letter dated October
WHEREAS,
8,2014, requestedthe Marion County Board of Commissioners evaluate restricting
truck traffic on North Boones Ferry Road; and
By letter dated July 8,2015 Marion County Board of
WHEREAS,
Commissioners responded to the City of Woodburn’s request indicating that they
strongly concurred with the City Recommendation and would like to jointly
proceed in restricting truck traffic on Boones Ferry Road to no through trucks
between Oregon State Highway 214 and Ehlen Road; and
Ordinance 1957 designates North Boones Ferry Road as a “Truck
WHEREAS,
Way” and by definitionis an acceptable route for commercial operation of motor
trucks, truck trailers, and truck tractors but does not allow for a through-city route.;
and
the Woodburn City Council has determined in order for the City
WHEREAS,
of Woodburn to restrict through truck traffic on North Boones Ferry Road and allow
for local truck traffic only, North Boones Ferry Road shouldno longer be
designated as a “Truck Way”;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Schedule “B” of Ordinance 1957 is amended by removingthe
Section 1.
designation of NorthBoones Ferry Road from Highway 214 to the North City Limits
as a TRUCK WAY.
Approved as to Form:
City AttorneyDate
APPROVED:
Kathryn Figley, Mayor
Page 1 – COUNCIL BILL NO. 2987
ORDINANCENO. 2528
20
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. 2987
ORDINANCENO. 2528
21
Agenda Item
September 14, 2015
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
N. Robert Shields, City Attorney
Scott Russell, Police Chief
SUBJECT:
Consideration of Additional Marijuana Actions
:
RECOMMENDATION
As a follow-up to the August 10 workshop, the City Council will consider whether
it is necessary to take any further policy actions regarding marijuana.
:
BACKGROUND
On August 10, 2015, the City Council conducted a workshop discussing the 2015
Oregon legislation concerning marijuana. Council requested that the matter be
placed on the nextagenda for further discussion.
:
DISCUSSION
Council discussion at the August 10 workshop focused on three main policy
decisions that have been brought forward as an agenda item for this meeting:
1.Whether to place a measure on the November 2016 ballot that would
ban all state licensed marijuana activities in the City of Woodburn.
The 2015 Oregon Legislature allowed the City Council to place an “opt
out” measure before Woodburn voters at the November 2016 general
election. Ifthis measure were approved, no medical marijuana
dispensaries, medical and recreational marijuana processors,recreational
marijuana growers, recreational marijuana wholesalers, and recreational
marijuana retailers would be permitted within the city limits.A moratorium
would be in effect until the ballot measure is voted upon. Finally, the City,
would be prohibited from receiving any state or local marijuana taxes.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
22
Honorable Mayor and City Council
September 14, 2015
Page 2
2.Whether to adopt additional land useregulations for marijuana-related
businesses.
As you are aware, the City Council has already adopted two ordinances
regulating marijuana. Ordinance 2526 is a land use ordinance amending
the Woodburn Development Ordinance to limit the siting of marijuana
dispensaries to industrial zones at least 1000 feet from residential
properties, schools, day care facilities, parks and other dispensaries.
Ordinance 2527 is a regulatory ordinance establishing a permit process
and imposing operational requirementson marijuana dispensaries. The
attached memorandum from the Jim Hendryxoutlines additional land use
regulations that the City could pursue if the Council desires.
3.Whether to adopt an ordinance prohibiting the early sale of recreational
marijuana products through medical marijuana dispensaries.
The 2015 Oregon Legislature also allowed the City Council to adopt an
ordinance prohibiting the early sale of recreational marijuana through
medical marijuana dispensaries. Under the State’s “early start” program,
approved medical marijuana dispensaries could begin selling limited
quantities of recreational marijuana from October 1, 2015 until December
31, 2016. Although there are no currently approved medical marijuana
dispensaries in Woodburn, the passage of an ordinance by the City
Council could prevent this “early start” in the event that a medical
marijuana dispensary is approved in the future.
Council needs to be aware that Ordinance 2527 currently requires
persons conducting business in a dispensary to display their Oregon
Medical Marijuana Program card in order to gain entry to the facility, and
that sales or any other transfers of marijuana products must be conducted
only between the facility and medical marijuana qualifying patients, and
would therefore bein conflict with the State’s “early start” program.
Since the matter is time sensitive, staff has attached an ordinance
prohibiting an “early start” if the City Council, as a policy matter, wants to
take this action.
:
FINANCIAL IMPACT
The future financial impact of additional marijuana regulations and
enforcement is uncertain.
23
Honorable Mayor and City Council
September 14, 2015
Page 3
Attachments:
Ordinance 2526
Ordinance 2527
Land Use Memorandum from Jim Hendryx
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CITY OF WOODBURN
Department of Economic &
DevelopmentServices
MEMORANDUM
270 Montgomery StreetWoodburn, Oregon 97071Phone (503) 982-5246Fax (503) 982-5244
September 14, 2015
Date:
Scott Derickson, City Administrator
To:
Jim Hendryx, Director of Economic & Development Services
From:
Marijuana-Related Business Land Use Limitations
Subject:
INTRODUCTION:
In response to your request, and for City Council consideration, this memo
addresses possible additional amendments to the Woodburn Development
Ordinance (WDO) regulating marijuana-related business activities, including;
1.Growing
2.Processing
3.Producing
4.Wholesalers
5.Retailers
BACKGROUND:
As Council will recall, the City recently established land use standards for
marijuana dispensaries. Marijuana dispensaries are limited to industrial zones at
least 1,000 feet from residential properties, schools, day care facilities, parks, and
other dispensaries. The operation of marijuanadispensaries are prohibited under
a Temporary Outdoor Marketing and Special Event permit and as a Home
Occupation. Dispensaries address both retail and medical marijuana sales.
This past November, Oregon voters approved Measure 91, which legalized the
recreational use of marijuana by persons 21 years of age and older. This took
effect on July 1, 2015. Subsequently, the legislature enacted statutes which
further regulated marijuana-related businesses, including standards for retail sales,
growing, processing, producing and wholesaling. The Oregon Liquor Control
Commission (OLCC) is tasked with developing standards for retail outlets, which
45
will be completed over the next year. Starting on October 1, 2015 and during this
interim time, medical marijuana dispensaries will be able to sell recreationally.
Woodburn regulates dispensaries, however, standards for other related activities
are not clearly addressed. Is there a need for additional land use regulations
addressing growing, manufacturing, processing, and wholesaling marijuana?
The Woodburn Development Ordinance (Table 2.04A) allows manufacturing of
beverage, food and tobacco, and miscellaneous manufacturing outright in the
Light Industrial (IL) & Industrial Park (IP) zones. Further, wholesale trade in durable
(i.e. appliances, cars, etc.) and non-durable goods (i.e. food, plants, cosmetics,
etc.) are allowed in all of the City’s industrial zones. It would be reasonable to
consider the processing of marijuana similar to other types of manufacturing
activities listed in the WDO. Likewise, wholesaling of marijuana and related
products would be considered similar to other types of wholesaling activities.
While manufacturing and wholesale activities are restricted to industrial zones,
proximity to sensitive uses (schools, parks, homes, etc.) is not addressed.
Staff contacted several other jurisdictions (Beaverton, Hillsboro, Newberg,
Ashland and Klamath Falls) to determine if standards had been developed to
address non-dispensary type activities and found that while similar discussions are
underway, specific approaches have not yet been established. Most indicated
they were awaiting completion of OLCC’s efforts.
DISCUSSION:
Over the past few years, there have been extensive discussions on the legalization
of marijuana for medical and recreational use. Woodburn addressed the sales of
both through regulating dispensaries, limiting them to the Industrial zones with
specific siting and licensing requirements. Other activities related to the growing,
processing and wholesaling of marijuana could be considered by the Council
from a policy standpoint.
Obviously, there are industry-specific activities associated with all consumer
products, such as manufacturing, processing, wholesaling, distributing and in the
case of crops, growing and harvesting. Taken together or individually, these
activities can have a ripple effect on each other. The issue for Council to
consider is whether the impacts associated with producing marijuana are such
that separate regulations are necessary.
46
COUNCIL BILL NO. 2988
ORDINANCE NO. 2529
AN ORDINANCE PROHIBITING THE SALE OF LIMITED MARIJUANA RETAIL PRODUCT
IN THE CITY OF WOODBURN AND DECLARING AN EMERGENCY
section2, chapter 784, OregonLaws2015 Enrolled Senate
WHEREAS,
Bill460(2015)allowsmedicalmarijuanadispensariestosell limited marijuana
retailproductstopersonsatleast21yearsofage, beginning October 1,2015;
and
subsection(3)ofthat section providesthata“cityor county
WHEREAS,
mayadoptordinances prohibiting thesaleof limited marijuanaretailproduct .
. . in theareasubject tothejurisdictionofthecity;” and
theWoodburn City Councildesirestoprohibitthesaleof
WHEREAS,
marijuana retailproducts throughmedicalmarijuana dispensaries;
NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Inaccordancesubsection(3)ofsection2, chapter 784, Oregon
Section 1.
Laws2015 Enrolled Senate Bill460 (2015), thesaleof limited marijuanaretail
products thought medicalmarijuana dispensaries is prohibited in thearea
subjectto the jurisdiction of the City of Woodburn.
Thetextof this ordinance shallbe provided totheOregon
Section 2.
HealthAuthority andtheOregonLiquor ControlCommission.
If any section, paragraph, subdivision, clause, sentence or
Section 3.
provision of this ordinance is declared by a court or administrative agency to
be invalid,such declaration shall not affect,impair, invalidate, or nullify the
remainder of this ordinance.
This ordinance being necessary for the immediate preservation
Section 4.
of the public peace, health and safety so that the City of Woodburn can avail
itself of the course of action provided for a limited time under state law, an
emergency is declared to exist, and this ordinance takes effect on its adoption.
Approved as to form:
City AttorneyDate
Council Bill No. 2988
Page- 1 -
Ordinance No. 2529
47
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. 2988
Page- 2 -
Ordinance No. 2529
48
Agenda Item
September 14, 2015
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
Robyn Stowers, Urban Renewal Manager/Planner
SUBJECT:
Association Building Appraisal
RECOMMENDATION:
It is recommended that the City Council direct staff, via a motion, to continue a
multi-faceted approach to develop the Association Building, the City will
continue to promote the property, work with local organizations, and list the
property for sale at $500,000.
BACKGROUND:
Built in 1891, the Association Building, located at 347 N. Front Street, is an iconic
structure of historic and cultural significance to the Woodburn community. The
City of Woodburn acquired ownership of the building in 2000 as the result of
litigation related to the 1993 Scotts Mill earthquake. The City invested$850,000to
stabilize the structure.
In May2013,the Citycontracted withConstructive Form Architecture and Design,
LLC,to complete a feasibility reportto determine the best uses for the Association
Building. Completed in January, 2014, the report provided information on building
conditions, market analysis, community support, and construction cost estimates
to assist in the development for the property. The reportalso identified a
Neighborhood Activity Center, aBusiness Incubator, and a Brewpub/Beverage
Distillery as best uses.
On June 2, 2014 the Agency issued a Request for Proposal (RFP) for the acquisition
and redevelopment of the Association Building, which resulted in three proposals:
a brewery, acommunity center, andas abusiness incubator. All three proposals
were rejected on March 23, 2015.
On March 9, 2015 the Agency held avisioning session, and directed staff to obtain
an appraisal for the Association Building with the intent to sell the property. On
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
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Honorable Mayor and City Council
September 14, 2015
Page 2
April 27,the City approved an appraisal fromIntegra Realty, Inc. to appraise the
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property using asales comparison and income capitalization approach.
ASSOCIATION BUILDING APPRAISAL:
Integra Realty, Inc. appraised the Association Building at $500,000, using a sales
comparison approach and an income capitalization approach.
The sales comparison approach comparedtheproperty values of five properties
in Woodburn, threeof which werelocated downtown. Theproperties were
selected based on location, size, and use and ranged between $20- $174per
square foot. The sales comparison approach valued the Association Building at
$50 a square foot or $500,000.
The income capitalization approach compared the same properties, but
analyzed the revenue potential and estimated the projected value of the
Association Building. The approach estimated that the Association Building could
generate a capitalization rate of 9.5% with a net operating income of $104,760
and a projected property value of $1,103,727. The approach also estimated
construction costs to getthe building market ready at $590,000, which was
subtracted from the $1,103,727amountfor a final appraised value of $510,000.
The appraisal identified downtown Woodburn as a depressed marketand
classified the property as a risky investment. The low property values and high
construction costs make it difficult for property owners to invest. The report praised
the City’s Grant and Loan programas an excellent resource to spur economic
development and improve market conditions. The Association Building would
also benefit from additional incentives for development.
Taking into account the risk of occupancy, and the additional capital investment
needed in order to achieve any occupancy, thereport identified themost likely
buyers to beinvestors with tenants-in-tow to avoid lease-up risk or a user not
motivated by real estate profits, such as a public entity or non-profit.This
conclusion mirrored the feasibility report, which also identified public use and
business recruitment to occupy the building.
Since the City issued the RFPon the Association Building, there hasbeen a steady
stream of inquiries about the property. Most recently, Farmworker Housing
Development Corporation, MERIT, and the Woodburn Downtown Association
have been researching the property as a potential site for a micro-enterprise
business incubator, similar to the Hacienda’s Mercado project in Portland.
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Honorable Mayor and City Council
September 14, 2015
Page 3
FINANCIAL IMPACT:
The financial impact is yet to be determined, but will likely include the expenses
and revenues associated with marketing, staff time and any revenues generated
by a sale.
51
Agenda Item
September 14, 2015
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
Robyn Stowers, Urban Renewal Manager/Planner
SUBJECT:
S. First Street Appraisal
RECOMMENDATION:
It is recommended that the City Council direct staff on the next appropriate step
in the disposition of this property, which may include listing the property for sale,
or holding onto these properties for future public use.
BACKGROUND:
The City of Woodburn invested approximately $282,000 to purchase the S. First
Street Properties (200 W. Cleveland Street, 137 S. First Street, 175 S. FirstStreet, and
200 Oak Street) between the years 1995 and 2004. The original intent in purchasing
the properties was for the future expansion of City facilities. Today, the properties
are zoned Downtown Development and Conservation (DDC).
On April 27 the City Council directed staff to initiate the formal surplus property
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processand obtain an appraisal.
DISCUSSION:
Integra Realty, Inc. appraised the S. First Street properties at $200,000 using a sales
comparison approach.The approach compared four Woodburn lots based on
location, size, and use. The comparable properties ranged between $6.46 - $14.09
per square foot.The sales comparison approach valued the property at $9 a
square foot or $200,000. The lots were valued based on the assumption that they
will be cleared for development.
FINANCIAL IMPACT:
The financial impact is yet to be determined, but will likely include the expenses
and revenues associated with marketing, staff time and any revenues generated
by a sale.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
52
Agenda Item
September 14, 2015
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Jim Hendryx, Economic and Development Services Director
Steve Krieg, Building Official
SU
BJECT:
Intergovernmental Agreement with Marion County
RECOMMENDATION:
It is recommended that the City Council authorize the City Administrator to sign a
renewed Intergovernmental Agreement (IGA) with Marion County for
Structural/Mechanical Inspectionand Plan Review.
BACKGROUND:
In 2006, the City entered into an IGAwith Marion County to provide
Structural/Mechanical Inspection and Plan Review to each other on an as-
needed basisto cover the City's inspection staff, and for the City to provide the
same services upon request for Marion County.Marion County hassimilar
agreements with other jurisdictions where services are provided. The existing IGA
between the City and Marion County has served Woodburn residents well by
providing to them access to afull range of Structural/Mechanical Inspection and
Plan Reviewsupport services.
DISCUSSION:
The IGAfor Structural/Mechanical Inspection and Plan Reviewsupport between
the City of Woodburn and Marion County has been in effect for many years.The
IGA provides additional resources to Woodburn residents in the form of
Structural/Mechanical Inspection and Plan Reviewsupport.
FINANCIAL IMPACT:
The total amount paid to the City and/or Marion County under the IGAshall not
exceed $10,000.00. The City and Marion County shall pay each other for services
provided under this IGAat the rate of $65.00 per hour.These rates may be
adjusted annually (in writing) to the mutual satisfaction of the parties.
Agenda Item Review:City Administrator ______City Attorney ______Finance _____
53
INTERGOVERNMENTAL AGREEMENT
Between
MARION COUNTY andthe CITY OF WOODBURN
1PARTIES TO AGREEMENT
This Agreement between the City of Woodburn, hereafter called “City”, and Marion County, a
political subdivision of the state of Oregon, hereafter called “County”, hereafter collectively
referred to as the “Parties”, is made pursuant to ORS 190.010 (Cooperative Agreements).
2PURPOSE/STATEMENT OF WORK
The purpose of this Agreement is to establish the terms and conditions under which the Parties
will provide Structural/Mechanical Inspection and Plan Review to each other on an as-needed
basis,as requested. These services are further described in Section 5.
ERM AND TERMINATION
3T
3.1
This Agreement shall be effective for the period commencing upon the date of the last
signature obtained and ending on December 31, 2019 unless sooner terminated or
extended as provided herein.
3.2
This Agreement may be extended for an additional period of five yearsby agreement
of the parties. Any modifications in the terms of such amendment shall be in writing.
3.3
This Agreement may be terminated by mutual consent of both parties at any time or by
either party upon 30 days’ notice in writing, and delivered by mail or in person. Any
such termination of this Agreement shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination.
3.4
County may terminate this Agreement effective upon delivery of written notice to City
or at such later date as may be established under any of the following conditions:
3.4.1
If funding from federal, state, or other sources is not obtained or continued at
levels sufficient to allow for the purchase of the indicated quantity of services.
This Agreement may be modified to accommodate a reduction in funds.
3.4.2
If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the services are no longer allowable or appropriate for
purchase under this Agreement or are no longer eligible for the funding
proposed for payments authorized by this Agreement.
3.4.3
If any license, certificate, or insurance required by law or regulation to be held
by City to provide the services required by this Agreement is for any reason
denied, revoked or not renewed.
3.4.4
If City fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
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3.4.5
If City fails to perform any of the provisions of this Agreement or so fails to
pursue the work as to endanger the performance of this Agreement in
accordance with its terms and after written notice from County, fails to correct
such failure(s) within ten (10) days or such longer period as the County may
authorize.
3.5
Any such termination of this Agreement shall be without prejudice to any obligations
or liabilities of either party already accrued prior to such termination.
4FUNDING AND BILLING
4.1
The total amount paid under this Agreement shall not exceed $10,000.00per party.
Parties shall pay each other for services provided under this Agreement at the rate of
$65.00 per hour. These rates may be adjusted annually (in writing) to the mutual
satisfaction of the Parties.
Payment under the terms of this Agreement is separate from and in addition to the
payments made under any other existing agreement between County and City.
4.2
Requests for payment shall be submitted monthly to:
City of Woodburn
Steve Krieg, Building Official
270 Montgomery Street
Woodburn, OR 97071
Marion County Building Inspection
Warren Jackson, Building Official
5155 Silverton Road NE
Salem, OR 97305
Final invoices are due no later than 30 days after termination or expiration of this
Agreement.
5OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT
5.1UNDER THE TERMS OF THIS AGREEMENT, COUNTY SHALL:
5.1.1
Perform structural/mechanical inspections and plan reviews on behalf of City,
as requested by City.
5.1.2
Comply with all ORS and OAR requirements and regulations pertaining to the
structural/mechanical and plan review programs.
5.1.3
Provide State of Oregon certified/licensed inspectors to perform all inspections.
5.1.4
Complete Inspection Report Form provided by City.
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5.1.5
Provide identification upon entering a job site and the state the reason for the
site visit.
5.1.6
Fax a copy of the completed inspection report to City within 48 hours of
completion of the inspection.
5.1.7
Comply with the inspection notification requirements of applicable ORS and
OAR.
5.1.8
Provide City a monthly request for payment to be submitted with a list of the
inspection requests and plan reviews completed listing the date, location and
type of inspection, and time spent performing inspections each day and number
of hours performing plan reviews.
5.1.9
Send (via facsimile) a request for inspection to the City the morning of the
requested date of inspection after first verifying with the City Building Official
that adequate staffing exists to provide the County with backup services.
(Inspection request form shall include the site location, type of inspection
needed, and permit number and information).
5.1.10
Remit payment to City within 30 days of receipt of monthly request for
payment by City. City shall submit final invoice for work completed under this
Agreement not later than 30 days after expiration date of this Agreement.
5.2UNDER THE TERMS OF THIS AGREEMENT, CITYSHALL:
5.2.1
Send (via facsimile) a request for inspection to the County the morning of the
requested date of inspection after first verifying with the County Building
Official that adequate staffing exists to provide the City with backup services.
(Inspection request form shall include the site location, type of inspection
needed, and permit number and information).
5.2.2
Remit payment to County within 30 days of receipt of monthly request for
payment by County. County shall submit final invoice for work completed
under this Agreement not later than 30 days after expiration date of this
Agreement.
5.2.3
Perform structural/mechanical inspections and plan reviews on behalf of
County, as requested by County.
5.2.4
Comply with all ORS and OAR requirements and regulations pertaining to the
structural/mechanical and plan review programs.
5.2.5
Provide State of Oregon certified/licensed inspectors to perform all inspections.
5.2.6
Complete Inspection Report Form provided by County.
5.2.7
Provide identification upon entering a job site and the state the reason for the
visit.
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5.2.8
Fax a copy of the completed inspection report to County within 48 hours of
completion of the inspection.
5.2.9
Comply with the inspection notification requirements of applicable ORS and
OAR.
5.2.10
Provide County a monthly request for payment to be submitted with a list of the
inspection requests completed listing the date, location and type of inspection,
and time spent performing inspections each day and number of hours
performing plan reviews.
6COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement. The parties agree that this Agreement
shall be administered and construed under the laws of the state of Oregon.
7NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil rights and
rehabilitation statutes, rules and regulations in the performance of this Agreement.
8HOLD HARMLESS
To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon
Tort Claims Act, each party agrees to waive, forgive, and acquit any and all claims it may
otherwise have against the other and the officers, employees, and agents of the other, for or
resulting from damage or loss, provided that this discharge and waiver shall not apply to claims
by one party against any officer, employee, or agent of the other arising from such person's
malfeasance in office, willful or wanton neglect of duty, or actions outside the course and scope
of his or her official duties.
9INSURANCE
Each party shall insure or self-insure and be independently responsible for the risk of its own
liability for claims within the scope of the Oregon tort claims act (ORS 30.260 TO 30.300).
10MERGER CLAUSE
Parties concur and agree that this Agreement constitutes the entire Agreement between the
parties. No waiver, consent, modification or change to the terms of this Agreement shall bind
either party unless in writing and signed by both parties. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Parties, by the signatures below of their authorized representatives, hereby agree to be bound by
its term and conditions.
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57
11NOTICES
Any notice required to be given the City or County under this Agreement shall be sufficient if
given, in writing, as follows:
ForCity: For County:
City of Woodburn Marion County Building Inspection
Steve Krieg, Building Official Warren Jackson, Building Official
270 Montgomery Street 5155 Silverton Road NE
Woodburn, OR 97071 Salem, OR 97305
SIGNATURES
This Agreement and any changes, alterations, modifications,or amendments will be effective
when approved in writing by the authorized representative of the parties hereto as of the effective
date set forth herein.
In witness whereof, the parties hereto have caused this Agreement to be executed as of the date
of the last required signature set forth below.
MARION COUNTY
Authorized Signature:
________________________________________________________________
Department Director or designee Date
Approved as to Form:
________________________________________________________________
Marion County Legal Counsel Date
Approved as to Form:
________________________________________________________________
Marion County Contracts & Procurement Date
CITY OF WOODBURN
________________________________________________________________
City Administrator Date
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Agenda Item
September 14, 2015
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
Robyn Stowers, Urban Renewal Manager/Planner
SUBJECT:
Planning Commission Approval of Cases SUB 2014-01 and
ZA 2015-02, located at 1020 Brown Street (Brown Estates)
RECOMMENDATION:
No action is recommended. This item is placed before the Council for information
purposes, in compliance with the Woodburn Development Ordinance. The
Council may call up this item for review if it desires.
BACKGROUND:
The applicant requested approval of a seven lot subdivision, with zoning
adjustments for lot area and width.On August 13, the Planning Commission
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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___
59
Honorable Mayor and City Council
September 14, 2015
Page 2
Zoning map showing the subject property
60
Honorable Mayor and City Council
September 14, 2015
Page 3
Preliminary Subdivision Plan
Proposed Improvements
61