February 8, 2016 Agenda
KF,M
CW
ATHRYN IGLEYAYOR
ITY OF OODBURN
TAL,CW1
ERESA LONSO EONOUNCILOR ARD
LE,CWII
ISA LLSWORTHOUNCILOR ARD
CCA
RC,CWIII
ITYOUNCILGENDA
OBERT ARNEYOUNCILOR ARD
S
S,CWIV
HARON CHAUBOUNCILOR ARD
FL,CWV
RANK ONERGANOUNCILOR ARD
F8,2016–7:00..
EBRUARYPM
E
M,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.
City Hall and the Library will be closed on February 15in observance
of President’s Day. The Aquatic Center will be open regular business
hours that day.
Appointments:
A.Global InclusionAdvisoryCommittee
Elias Villegas 1
Luis Molina
Elida Sifuentez
Rafael Vasquez-Lopez
Maria Gutierrez
Don Judson
Kasi Pankey
Antonia Anfilofieff
B.Woodburn Recreation and Park Board 2
Sw
Eric ensonPosition IV
-
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.Economic Development Plan/Tourism Overview
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.**
February 8,2016Council Agenda Page i
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 of January 25, 20163
Recommended Action: Approve the minutes.
B.Woodburn Recreation and Park Board MinutesofJanuary 12, 20166
Recommended Action:Accept the minutes.
C.Municipal Judge Employment Agreement9
Recommended Action:That the City Council approve the revised
employment agreement with Municipal Judge Lori Coukoulis.
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. 2996-A Resolution Initiating Consideration of 14
Legislative Amendments to the Woodburn Development Ordinance
Recommended Action:Adopt the attached resolution initiating
consideration of certain legislative amendments to the Woodburn
Development Ordinance (WDO) to correct unintended errors and
omissions.
B.Acceptance of Two Public Utility Easements for Tax Lots 20
0051W17BC00100 & 0051W17BC00200
Recommended Action:That City Council accept the two Public Utility
Easements described on Attachment “A” and Attachment “B.”
February 8, 2016Council Agenda Page ii
–
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.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
February 8, 2016Council Agenda Page iii
Agenda Item
February 3, 2016
TO:City Council
FROM:Kathy Figley, Mayor
SUBJECT:
Committee Appointments
he following appointments aremade, subject to the approval of the Council.
T
Please forward any adverse comments to me prior to the Council meeting on
Monday, February 8, 2016. Noreply is required if you approve of my decision.
Global Inclusion Advisory Committee
Elias Villegas
Luis Molina
Elida Sifuentez
Rafael Vasquez-Lopez
Maria Gutierrez
Don Judson
Kasi Pankey
Antonia Anfilofieff
1
Agenda Item
February 3, 2016
TO:City Council
FROM:Kathy Figley, Mayor
SUBJECT:
Committee Appointment
The following appointment aremade, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, February 8, 2016. Noreply is required if you approve of my decision.
Woodburn Recreation and Park Board
Eric Swenson - Position IV
2
COUNCIL MEETING MINUTES
JANUARY 25, 2016
DATE WOODBURN FIRE DISTRICT, 1776 NEWBERG HWY, CITY OF
WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 26, 2016
CONVENED
The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Carney Present
Councilor Lonergan Present
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Police Chief Ferraris, Public Works Director Scott, Economic and
Development Services Director Hendryx, Human Resources Director Hereford, Judge Zyryanoff,
Judge Coukoulis, Economic Development Director Johnk, Recreation Services Manager
Wierenga, Management Analyst Moore, Communications Coordinator Horton, City Recorder
Pierson
COMMUNITY/GOVERNMENT ORGANIZATIONS
0:01
Woodburn Fire District – Fire Chief Paul Iverson thanked the City Council for holding their
meeting out in the community. He provided historic information on the Woodburn Fire
Department as well as information on thevariety of work the Fire Department does.
PROCLAMATIONS/PRESENTATIONS
0:21
Mayor Figley read a proclamation declaring January 29, 2016 as Nikki DeBuse Day.
BUSINESS FROM THE PUBLIC
0:24
Nancy Kirksey, 1049 McKinley St., announced that the Mayor’s Prayer Breakfast will take place
onFebruary 23from 7:30 a.m. to 9:00 a.m. at the Methodist Church and tickets can be purchased
through her or at www.woodburnkiwanis.org. She added that former Police Chief Scott Russell
will be the speaker.
CONSENT AGENDA
0:26
A. Woodburn City Council minutes of December 14, 2015,
B. Woodburn Recreation and Park Board minutes of December 8, 2015,
C. Woodburn Planning Commission minutes of December 10, 2015,
D. Municipal Judge Appointment,
E. Crime Statistics through December 2015,
F. Building Activity for December 2015,
Lonergan/Alonso Leon
... adopt the Consent Agenda. The motion passed unanimously.
3
COUNCIL MEETING MINUTES
JANUARY 25, 2016
SWEARING-IN CEREMONY
0:28
Lori Coukoulis was sworn in as the City’s Municipal Judge by Judge Zyryanoff.
PUBLIC HEARING
0:29
A Public Hearing to consider input on the 2015-16 Supplemental Budget Request. Mayor Figley
opened the public hearing for the City at 7:31 p.m. for the purpose of hearing public input on the
2015-16 Supplemental Budget Request. City Administrator Derickson provided a staff report.
Mayor Figley asked if anyone from the public would like to speak on this subject. No members
of the public wished to speak in either support or opposition of the 2015-16 Supplemental
Budget Request. Mayor Figley declared the hearing closed at 7:35 p.m.
COUNCIL BILL NO. 2994 - A RESOLUTION APPROVING TRANSFERS OF FY 2015-
0:33
16 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET
Lonergan introduced Council Bill No. 2994. 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. 2994 duly passed.
COUNCIL BILL NO. 2995 - AN ORDINANCE AMENDING ORDINANCE 2508 TO
0:34
CONTINUE THE IMPOSITION OF A GENERAL FUND RIGHT-OF-WAY CHARGE
ONCITY WATER AND SEWER UTILITIES
Lonergan introduced Council Bill No. 2995. City Recorder Pierson read the two readings of the
bill by title only since there were no objections from the Council. City Administrator Derickson
provided a staff report. Councilor Morris stated that he supports this. On roll call vote for final
passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2995 duly passed.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
0:53
A.
Planning Commission Approval of a Design Review and Variance, DR 2015-02 and VAR
2015-01, located at 3001 Newberg Hwy
B.
Planning Commission Approval of a Design Review, Variance and Lot Consolidation, DR
2015-01, VAR 2015-02, PLA 2015-03 at 2895 Progress Way (Universal Forest Products)
Council declined to call this item up for review.
CITY ADMINISTRATOR’S REPORT
0:58
The City Administrator pointed out that we are live streaming the City Council meeting on the
City’s website. He then introduced Jamie Johnk, the new Economic Development Director for
the City.
MAYOR AND COUNCIL REPORTS
1:02
Councilor Lonergan stated that he had the honor of sitting on the committee to pick the new
municipal judge and thanked those that participated. He also thanked Chief Iverson for hosting
the meeting and for their visibility in the community.
Councilor Ellsworth thanked Chief Iverson. She added that the Relay for Life garage sale will
th
take place at the fire district April 30 and that the Relay for Life kick-off will take place on
th
February 20 from 10:00 a.m. to noon at the Silverton Health Woodburn Center.
4
COUNCIL MEETING MINUTES
JANUARY 25, 2016
Councilor Schaub stated that she was proud to be on the committee to help find a new judge and
added that she is proud of Chief Iverson and the Woodburn Fire Department. She added that she
appreciates the work that city staff does.
Councilor Morris thanked Chief Iverson for hosting and statedthat he appreciates the way the
Fire District and the City work together. He also expressed concern for how dark the road is
from the fire department to the high school and would like staff to look into it.
Mayor Figley thanked the fire department for their hospitality and thanked them for being such
great community partners.
ADJOURNMENT
1:08
Morris/Ellsworth
... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:37 p.m.
APPROVED ___________________________
KATHRYN FIGLEY, MAYOR
ATTEST_________________________
Heather Pierson, City Recorder
City of Woodburn, Oregon
5
CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
January 12, 20165:30p.m.
CALL TO ORDER
1.
ROLL CALL
2.
Position I Ricardo Rodrigues, Member (12/18) Absent
Position II Vacant, Student Member (12/15) Vacant
Position III Joseph Nicoletti, Board Secretary (12/17) Present
Position IV Vacant, Board Chair (12/17) Vacant
Position V Chris Lassen, Member (12/17) Absent
Position VI Ardis Knauf, Member (12/16) Present
Position VII David Piper, Member (12/18) Present
Staff Kristin Wierenga, Recreation Services ManagerPresent
Staff Josh Udermann, Aquatic Program Supervisor Present
APPROVAL OF MINUTES
3.
Minutes from Recreation& Park Boardmeeting on December 8, 2015. One
update, change from “agenda” to “minutes” in heading. Minutes unanimously
approved. (Piper, Knauf)
BUSINESS FROM THE AUDIENCE
4.
None
NEW BUSINESS
5.
Aquatic Center Tour Post Meeting-
a.Tour will occur after meeting
1/12/16.
2016 Project Priority Discussion-
b.Nicoletti suggested including a
description with each project. Piper suggested including a disclaimer
on the document that not all items are guaranteed to be completed in
2016. General consensus was to not put weight in averages. Discussion
regarding Pacific partnership on Wyffels restoration and green way
map for future Park Board meeting.
OLDBUSINESS
6.
None
DIVISION REPORTS FROM DEPARTMENT
7.
AQUATICS
a.
Financial Update - December
Expenses –14% Increase –nearly exact same point as last year
Revenues –2% Increase
6
New Year’s Day Sales:
2016 - $5077
2015 - $2584
2014- $1675
2013- $662
Attendance – 2645 – increase of 18 admissions even with the
wading pool closed for the whole month.
Program Update
Group Fitness
100 participants up from last December, 517 vs 417
9 New Classes added for the month – Yoga, Aqua Yoga,
Aqua Tone are free to take for the month of January and we
are seeing strong attendance in them so far, they are pulling
3-6 participants in every class.
Women’s Only Swim Day – This Saturday night, lots of positive
feedback so far.
42 swim lessons in current sessions, +2 over last year.
No morning swim lessons due to lack of instructors.
Marketing/Other
Spa Heater – trying to push this project to be completed as quickly
as possible.
Wading pool – after several delays, project was completed and the
wading pool is back up and running again, I did an acid wash to
the plaster that removed some of the metal staining that had begun
to build up.
HVAC – DX Recovery Unit seems to be saving money in gas
utilities as expected, nearly $1700 less, could also be affected by
warmer weather, but we think this is a trend that will continue.
Hired 3 new swim instructors and they started training this
morning.
th
4 Grade lessons program and homeschool lessons are
currently on hold until these instructors are trained.
They will all be trained as lifeguards, but we are still short
staffed.
RECREATION
b.
Youth Sports
Youth basketball registration closed. Registration less than last
year due to a couple reasons.
Working on summer and fall programs currently.
Issues with gym space this year with youth basketball.
7
Adult Programs
Broadway Trip for Spelling Bee cancelled due to low attendance.
Valentines Lunch Trip next on 2/13.
Events
Next up is Daddy Daughter Dinner Dance in Feb. There are 36
signed up so far.
Youth Advisory Board
Have had guest speakers in at meetings on various topics.
Collecting pop cans to return throughout the year and assisting
with the Daddy Daughter Dinner Dance coming up.
Adult Sports
Men’s basketball league winter under way. 8 teams signed up.
Museum
Selected a contractor on new HVAC system with a goal of
installing the new system by the end of February 2016.
Processing artifacts with the intent to create a de-accession list of
items to de-accession.
PARKS & FACILITIES
c.
Park Signs
Refinishing park signs currently.
Looking at location currently for sign at south end of 99E.
Next step is to present back to council the findings.
Centennial Park Playground
Design chosen on Centennial Park.
Process is to meet with contractors, order playground, set a date for
install and recruit volunteers. High school is not doing a full day
community service day this year.
Additional Item
Knauf asked that N. Front Street is added to the 2016 project list.
FUTURE BOARD BUSINESS
8.
None
BOARD COMMENTS
9.
None.
ADJOURNMENT -
10.(Knauf,Piper)6:32pm
8
Agenda Item
February 8, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Assistant City Administrator
SUBJECT:
Municipal Judge Employment Agreement
RECOMMENDATION:
That the City Council approve the revised employmentagreement with
Municipal JudgeLori Coukoulis.
BACKGROUND:
The City Council initially approved an employment agreement with new
Municipal JudgeLori Coukoulis on January 25, 2015. However, after the
agreement was approved,JudgeCoukoulis realized that she had forgotten to
request that she be paid for a minimum of two hours for every court session that
she presides over.
DISCUSSION:
The enclosed employment agreement has been revised to include a provision
that will require the City to pay Judge Coukoulis for a minimum of two hours for
each court session that she presides over. Judge Coukoulis is planning to
conduct court twice per month, as opposed to the City’s previous practice of
conducting court three times per month. This change will likelyresult in longer
court sessions, thereby lessening the impact of the two hour minimum. Given
the current rate of arraignments, it is estimated that court will last approximately
90 minutes per session.
The enclosed employment agreement is for a term of threeyears.
FINANCIAL IMPACT:
Expenditures related to the employment of the Municipal Judge are included in
the adopted FY 2015/16 budget.
Agenda Item Review:City Administrator __x___City Attorney __x____Finance __x___
9
EmploymentAgreement
Lori L. Coukoulis
City of Woodburn
Municipal Judge
THIS AGREEMENT
is made and entered into this day of January 25, 2016 between the
City of Woodburn, anOregon municipal corporation, hereinafter referred to as “City”, and
Lori L. Coukoulis, hereinafter referred to as “Coukoulis,” both of whom understand and
agree as follows:
RECITALS
Whereas
,Pursuant to the Woodburn City Charter, it is the responsibility of the City
Council to appoint a Municipal Judge.
Whereas
, City Council desires to employ the services of Lori L. Coukoulis as Municipal
Judgeforthe City of Woodburn and to provide an inducement for herto remain in such
employment; and
Whereas
, it is the desire of the CityCouncilto provide certain benefits, establish certain
conditions of employment, and to set working conditions of said Employee; and
Whereas
, Coukoulisunderstands, agrees and desires accept the position of Municipal
Judgefor the City of Woodburn; and
Whereas
,with the approvalof the City Council, theMayorhas authority to execute this
agreement on behalf of the City.
Now, therefore
, in consideration of the mutual covenants herein contained, the parties
agree as follows:
1.Duties
City hereby agrees to employCoukoulisas the Municipal Judge,of the City of
Woodburn to perform on a continuing basis the functions and duties, which are
generally described inSection 22. ofthe Woodburn City Charter.
2.Hours of Work
Coukoulis shall devote sufficient time to complete the duties and responsibilities of
her position. Coukoulis shall ensure effective maintenance of the docket and
provide adequate opportunities for court appearances by the public.
3.Term
10
A.The term of this Agreement shall be for three (3) years commencing on
January25, 2016 and ending January24, 2019 (“Services Period”).
B.The term of this Agreement may be extended by written consent of the
parties fora period mutually acceptable to both parties (Continuing Service
Period).If theparties decide to extend this Agreement, negotiations shall
commence by July 15, 2018.
4.Termination
Coukoulis’s employment with the City shall be “at will”. As such, nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of City for any
reason whatsoever with or without cause to terminate the services ofCoukoulisat
any time as provided herein.
5. Resignation
Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Coukoulisto resign at any time from this position with City subject to the
provisions of the Agreement. In the eventCoukoulisvoluntarily resigns this
position before the expiration of the aforesaid term of employment,Coukoulisshall
give City a minimum of sixty (60) days written notice, unless the parties agree
otherwise.
6. Compensation
During Services Period,City agrees to pay a wage ofeighty-fivedollars ($85) per
hour, for services renderedpursuant to this agreement.Coukoulis shall be paid
for a minimum oftwo hours for each court session that she presides over. Such
wagesshall be payable in installments at the same time as the regular employees
of City are paidand are subject to normal and/ or authorized deductions.At its
discretion, the City Council may periodically conduct a review of Coukoulis’s
performance, at which time, an increase in salary maybe negotiated.
7. Public Employees Retirement System
If Coukoulis meets theOregon Public Employees Retirement System’s eligibility
requirements, City shall pay both the “employee” and “employer” portions for
Employee retirement program under the Oregon Public Employees Retirement
System.
8. Sick Leave
Coukouliswill earn 1 hourof sick leavefor every 30 hours worked. Sick leave will
accrue to a maximum of 80 hours and may only be used in a manner that is
consistent with the City’s personnel policies.
11
9. Judge Pro Tem
Pro Tem Judges shall be selected from a list of qualified candidates that have been
approved by the City Council. Coukoulis shall arrange for a Pro Tem Judge should
she be unable to perform her regular duties due to illness, personal leave, or
unanticipated personal needs.
10. Liability
City agrees to indemnify, hold harmless and defend at its expenseCoukoulisfrom
any and all claims, actions, losses, damages, charges, expenses or attorney’s fees
to whichCoukoulismay be subject to arising out of, or resulting from the
performance ofher official duties hereunder, excepting from criminal acts or gross
negligence. Notwithstanding the foregoing, City’s obligation under this Section
shall not apply to any punitive or exemplary damages that may be awarded by a
Court againstCoukoulis.
11. Other Terms andConditions
A.City may from time to time fix other terms and conditions relating to
Coukoulisperformance hereunder, provided such terms and conditions are
not inconsistent or in conflict with the provisions of this Agreement.
B.Coukoulisshall performher duties in accordance with all the laws,
ordinances, rules, and regulations applicable to herposition.
C.The entire Agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. Except as herein expressly
provided to the contrary, the provisions of this Agreement are for the benefit
of the parties solely and not for the benefit of any other person, persons or
legal entities.
D.Coukoulisacknowledges that she has not been induced to enter into this
Agreement by any representation or statements, oral or written, not
expressly contained herein or expressly incorporated by reference. City
makes no representations, warranties and guarantees contained in this
Agreement.
12. Notice
Any written notice hereunder shall become effective as of the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the
addresses as stated in this Agreement, or at such other address as may hereafter
by specified by notice in writing. Inlieu of mailing, written notice shall become
effective as of the date it is personally delivered to the addressee. Any notice
12
required to be given under the terms and conditions of this Agreement shall be
given as follows:
City of WoodburnLori L. Coukoulis
Scott Derickson, City Administrator Municipal Judge
270 Montgomery Street606 NE Second St
Woodburn, OR 97071McMinnville, OR 97128
13. Severability
If any part, term, or provision of this agreement is held by the courts to be illegal
or in conflict with the laws of the State of Oregon, the validity of the remaining
portions of the Agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the
particular part, term, or provision.
In Witness Whereof
, the parties hereto have executed this Agreement on the day and
year first written above.
KATHRYN FIGLEYLORI L. COUKOULIS
MAYORMUNICIPAL JUDGE
13
Agenda Item
February 8, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Directorof Economic & Development Services
SUBJECT:
WDO Update to Correct Errors and Omissions
RECOMMENDATION:
Adopt the attached resolution initiating consideration of certain legislative
amendments to the Woodburn Development Ordinance (WDO)to correct
unintended errors and omissions.
BACKGROUND:
Starting in 2009, the Woodburn Development Ordinance (WDO) was entirely
rewritten. Initially, sign standards were revised (2010). In 2011, administrative
provisionswere updated and in 2013, the remaining sections of the ordinance,
primarily dealing with land use standards, wereupdated. The ordinance was
again readopted in the fall of 2013 toaddress scrivenererrors, resulting in
reformatting the WDO.
As the WDO has been administered over the past few years, we have discovered
a few scrivener errors, which occasionally results in problemsadministering the
WDO clearly. The WDO states that the Director shall keep a list of potential
modifications to the ordinance and report those tothe Council, who may initiate
such modificationsif they so choose. Additionally,Council can initiate such
modifications anytime at their discretion.
DISCUSSION:
With the 2010 –2013 revisions to theWDO revision, the ordinance went from
approximately 400 pages to 241 pages, significantly reducingthe overall volume
of the WDO and clarifying the standards while simplifying procedures. With such
a large undertaking, scrivener errors naturally occur, which can cause confusing
andcontradictory standards. With the improved economy and increased land
use activity, other errors have come to light. For instance, manufactured
dwellings are required tohave similar standards to site-built homes,with garages,
porches and front doorsbeing oriented towards the street frontage. It is difficult
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance _x____
14
Honorable Mayor and City Council
February 8, 2016
Page 2
to place a manufactured dwellingwith the front door facing the street, due to
typical construction standards for manufactured dwellings and lot configuration.
Another problem that arises is design standards, including reference to carports,
which are not allowedin place of garages.
With the 2005 Periodic Review and Urban Growth Boundary amendments, the
City enacted four new zoning districts, three of which are nodal zones (single
family, multi-family andcommercial) as well as the South West Industrial Reserve.
None of these zoneshave beenutilized before,since these areas have always
been outside City limits in the contested Urban Growth Boundary (UGB). However
now that the UGB is approved, discussions with potential developers have
highlighted the needto resolve any oversights and mistakes.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
15
COUNCIL BILL NO. 2996
RESOLUTION NO. 2072
A RESOLUTION INITIATING CONSIDERATION OF LEGISLATIVE AMENDMENTS TO THE
WOODBURN DEVELOPMENT ORDINANCE.
The Woodburn Development Ordinance (WDO) establishes the
WHEREAS,
standards that development is required tomeet andthat clarity of those standards
is critical as the community continues to grow and prosper, and
, Unintended mistakes and oversights occur when completely
WHEREAS
rewriting several hundred pages of regulations and periodic revisions are necessary
to insure such ordinance are clear and concise, and
, Section 1.10.02 states that the Director should maintain a list of
WHEREAS
potential modifications tothe WDOand notify the Council so that they may
consider initiating appropriatemeasures to modifythe WDO; and
, Section 4.10.09of the WDO requires the City Council to initiate the
WHEREAS
consideration of any potential legislative amendments to the WDO by resolution;
,
NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Pursuant toSection 4.10.09 ofthe WDO,the City Council initiates a
Section 1.
review of the potential legislative amendments to the WDO outlined in Exhibit “A”,
which is attached to this resolution.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No. 2996
Resolution No. 2072
16
Exhibit A
Legislative Amendments
Woodburn Development Ordinance
Scrivener Errors
1.In Section 1.02, the definition of Home Occupation references Section 2.02.12. The
correct reference is to Section 2.07.10, which contains the regulations for Home
Occupations.
2.Table 2.02A (Uses Allowed in Residential Zones) lists “Garage (or carport in the case
of a manufactured home)” as an accessory use. The reference to carports for
manufactured dwellings is from the previous WDOand should be deleted.
3.Section 2.07.02 contains theredundant word “vehicle”.
4.Section 3.01.01.A, the plural term “Rights-of-way” should be corrected to the singular.
5.Table 3.04A (Access Requirements), the row title “Corner Clearance Guidelines”
shouldhave the dimension “feet” added.
6.Table 3.06B (Plant Unit (PU) Value), the rows for Large trees and Medium trees
should have a closed parenthesis after the word “maturity”.
7.In Table 3.06D, footnotes should all be separated by commas.
8.Section 3.07.02.A should include August 12, 2013as the date of adoption.
9.Section 3.07.02.A states that “Manufactured dwellings have different standards for
roofing, exterior finish and garage/carports; otherwise, all standards in this Section
apply to manufactured dwellings.” Reference to carport should be deleted.
10.Section 3.07.02.D.2.c is missing a “the”.
11.Table 3.10.10B should provide for monument signs for siteswith multiple street
frontages.
12.In the heading of Table 3.10.10E (Permanent Signsin the IP, IL, and SWIR Zones),
the formatting needs correction.
13.Other scrivener errors as determined during the course of this update.
Other Revisions
1.Section 1.02 establishes the definition for lot lines,defining that the front lot line is
parallel to the street providing access. Lot width and depth is measured from the front
property line. Lot standards and setbacks should be revised to reflect flag lotsand
their lot orientation to lot access.
17
2.Table 2.02E establishes setback standards for multi-family dwellings, requiring a
minimum 24 foot setback from the side and rear property lines. The side and rear
setbacks for multiple-family dwellings are significantly greater than for single-family or
duplex dwellings in the same zone. Setback standards for multi-family dwellings
should be evaluated.
3.Table 2.03E establishes setbacks in the Mixed Use Village zone. This section should
be revised to reduce the setback fromnon-residential zones.
4.Table 2.04A lists allowed useswithin the industrial zones. Consideration should be
given to expand the list of uses allowed in the South West Industrial Reserve (SWIR)
to include food processing and related activities.
5.Table 2.40F SWIR Lot Standards table references lotswithin and outsideWoodburn’s
Urban Growth Boundary (UGB). Table should be revised to eliminate properties
outside the UGB.
6.Section 2.05.04 establishes the standards for development within the Nodal Overlay
Districts. The provision to allow either large or small lot development within the Nodal
zones was inadvertently eliminated with the last rewrite of the WDO. Standards
should be updated to correct situation.Table 2.02C should be updated to reflect
allowance of large lots in the RSN.
7.Section 2.05.05, Interchange Management Area Overlay District, references
properties within and outsideof the UGB. This section should be updated to eliminate
properties outside the UGBand to clarify ordinance intent.
8.Section 2.05.05 sets the boundaries of the Riparian Corridor and Wetlands Overlay
District. The section should be updated to reference Ordinance 2018 and specific
setback standards established by separate ordinance.
9.Section 2.06 establishes fence height standards for yards abutting a street. Corner
and through lots abut two streets and have similar fence height standards along both
frontages. Standards should be evaluated in light of these circumstances.
10.Table 3.1.1 requires a Special Setback of 50 feet for Major Arterial streets. The table
should be updated to reflect theHighway 99E Corridor Plan andthe reduced
right-of-way requirements.
11.Section 3.06.07.C.1 provides that “Approval of Significant Tree Removal Permits shall
be held in abeyancebetween November 1 and May 1, to allow inspection of the
deciduous trees when fully leafed.” Section should be revised to allow removal of
dead non-deciduous trees at any time, since they are fully leafedyear around.
12.Section 3.07.02 and Section 3.07.03 establishes architectural standards for
single-family dwellings. These two sections should be revised to clarifyhow the
percentages for windows and the limitation of garage area are determined.
13.Section 3.07.02 E requires that the main pedestrianentrance for dwellings must face
the public street. Manufactured dwellings, due to typicalconstruction standards, do
not meet this standard. Standards for siting manufactured dwellings should be
reviewed in light of ordinance requirements.
18
14.The Municipal Ordinance was amended to prohibit residential parking in unimproved
areas. The definition of “improved area” includes gravel and conflicts with the
requirements of the WDO (Section 3.05.02F) The WDO should be amended to clarify
this conflict.
15.Other revisions as determined necessary during the course of this update.
19
Agenda Item
February 8, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Eric Liljequist, City Engineer
VIA:Randy Scott, Public Works Director
SUBJECT:
Acceptance of Two Public Utility Easements for Tax Lots
0051W17BC00100 & 0051W17BC00200
RECOMMENDATION:
That City Council acceptthetwoPublic Utility Easements described on
Attachment “A” and Attachment “B.”
BACKGROUND:
Attachment “A”: The Public Utility Easement being conveyed is located on Tax
lot 0051W17BC00100 and is 16 feet in width along the entire westernproperty
line ofthelot. The easement is being provided for the extension/looping of a
water main between Tomlin Avenue and Aztec Drive.David P. Campbell is
conveying the Permanent Utility Easement.
Attachment “B”:The Public Utility Easement being conveyed is located on Tax
lot 0051W17BC00200 and is 16 feet in width along the entire westernproperty
line ofthelot. The easement is being provided for the extension/looping of a
water main between Tomlin Avenue and Aztec Drive.Delbert Gottsacker is
conveying the Permanent Utility Easement.
DISCUSSION:
The Hwy 99E –Aztec Drive to Tomlin Avenue watermain extension/looping
project is identified in theadopted CapitalImprovement Program for fiscal year
2015-16.The acquisition of these two public utility easements will allow staff to
proceed with the project. The construction of this water line will createa critical
looped connection that willprovide additional fire safety and will enhance
water quality & waterdistribution.
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
20
Mayor and City Council
February 8, 2016
Page 2
The permanent easements provide the permanentrightto construct,
reconstruct, operate, and maintain Water Mains and Appurtenances.
Both easement acquisitions total $12,319.55plus recording fees. Of this amount,
$4,745.29is for the easement on Tax Lot 0051W17BC00100, and $7,574.26for the
easement of Tax Lot 0051W17BC00200.The acquisitionamountof each
easement is established on a square foot cost, based on 50 percent of the land
market valuefor each property, according to Marion County Assessors property
records.
FINANCIAL IMPACT:
The easement acquisition cost will be funded from the project cost identified in
the adopted fiscal year 2015-16 budget,Water Capital ConstructionFund
466.611.9531.5634;Project accounting code CDWA1468.
ATTACHMENTS
A copy of the properly signed public utility easement documents is included in
Attachment “A” and Attachment “B.”
21
22
23
24
25
26
27
28
29