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August 8, 2016 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA C,CWIII R OBERT ARNEYOUNCILOR ARD ITYOUNCILGENDA S,CWIV S HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD A8,2016–7:00.. UGUSTPM M,CWVI E 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: The City Council meeting scheduled for August 22, 2016has been A. cancelled. The next Council meeting will take place September 12, 2016. City Hall, the Library and transit service will be closed September 5, B. 2016in observance of Labor Day. The Aquatic Center will be open normal hours. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Woodburn Chamber of Commerce 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A.Ordinance Review and Revision B.Target Industry Analysis and Code Amendments: Next Steps1 6.COMMUNICATIONS . ALetter from Buddy Dyer, Mayor of the City of Orlando4 – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC 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.** August 8,2016Council Agenda Page i –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 July25, 20165 Recommended Action: Approve the minutes. B.Woodburn Planning Commission minutes of June 23, 20167 Recommended Action:Accept the minutes. C.Building Activity through July 201611 Recommended Action:Receive the report. 9.TABLED BUSINESS None. 10.PUBLICHEARINGS None. –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. 3011-A Resolution Calling for a Public Hearing on 12 the Annexation of Certain Property Located at 1385 Cooley Road, Tax Lot 051W08DA04400 (ANX 16-02)-Alexsey Bodunov Recommended Action:Adopt a Resolution, setting the date for a public hearing on the proposed annexation as required by ORS 222.120. B.Discussion of Proposed Amendments to Traffic Ordinance18 Recommended Action:Consider and discuss modifications to the existing Traffic Ordinance. C.Acceptance of Proposal for Lease of Marked Police Vehicles36 Recommended Action:Accept the proposal of Auto Additions, Inc. for police vehicle leasing services. The Woodburn Police Department will lease Ford Police Interceptor SUV police vehicles in the amount of $40,878.36 per vehicle for a three year lease period. August 8, 2016Council Agenda Page ii D.METCOMLeaseAgreement38 Recommended Action:Authorize the City Administrator to execute, on behalf of the City, a Lease Agreement with METCOM. – 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 a Design Review (DR 2016-54 02; VAR 2016-04) 2851 W Hayes Street 4-plex Recommended Action:No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance Section 4.02.02. The Council may call up this item for review if desired. 13.CITYADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT August 8, 2016Council Agenda Page iii Agenda Item August 8, 2016 TO:Honorable Mayor and City Council FROM: Jamie Johnk, Economic Development Director JimHendryx, Community Development Director Randy Scott, Public Works Director SUBJECT: Target Industry Analysis and Code Amendments: Next Steps BACKGROUND: During theJune 27, 2016 City Council meeting, City staff and ECONorthwest (consultants) shared the final Targeted Industry Analysis report and gave recommendations to support economic development in Woodburn. DISCUSSION: Based on the recommendations in the Target Industry Analysis(TIA), staff has compiled a matrix identifying the next steps towards implementation and outlining specific actions and goals. Recommended next steps include: Develop policies that are flexible and focus onthe kinds of industries that the City wants to attract. Develop an economic development strategy. Build and expand partnerships. T his past February, Council directed staff to initiate revisions to the Woodburn Development Ordinance (WDO), in orderto correct scrivener errors as well asto correct other types of errors and omissions found in the current Ordinance. Amendments are underway for fence and Nodal standards.Additionally, several scrivener errors are being corrected as part of this effort. With Council’s concurrence, recommendations from the TIA will be folded into this effort. Over the past several months, staff has been meeting with representatives of Specht Development, which has optioned property (107 acres) along Butteville Road. Development within the Southwest Industrial Reserve (SWIR) requires, among other things,completion of aprior to annexation. While not Master Plan Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 1 Honorable Mayor and City Council August 8, 2015 Page 2 binding, the Master Plan must address infrastructure, transportation,andopen spacefor the entire SWIRarea. Keyto these discussions has been thepossibility of expediting the development process (permitting)through early adoption of specific design standards during the master planning process. Future development would be subject to the adopted design standards, in exchange for administrative review. That review would besimilar to what alreadyexists for multi-family development that meetsall discretionarystandards. With Council’s approval, a workshopcanbe scheduled in September to allow for a more detailed discussion on these concepts at which time Council can direct staff accordingly. RECOMMENDATION: Council’s comments and approval are requested regarding the next steps to be taken. : FINANCIAL IMPACT N/A 2 DRAFT September 30, 2016 December 31, 2016 June 30, 2017 Timeframe On-Going Staff Time Meeting Supplies/Expenses City of Woodburn Target Industry Analysis Recommendations Resources Staff TimeStaff TimeStaff TimeStaff TimeStaff TimeStaff TimeStaff TimeStaff Time GOAL: BUILD AND EXPAND LOCAL, REGIONAL AND STATE PARTNERSHIP. 3 City StaffCity StaffCity StaffCity StaffCity StaffCity StaffCity StaffCity StaffCity Staff Lead Oregon, Main Street (Oregon and National), Marion County, and Develop Woodburn demographic and employment land profiles and supporting marketing materials and share with partnering Continue partnerships and services with partners: Woodburn Partner with WorkSource Oregon, labor providers and traded- Association (OEDA), SEDCOR, Business Oregon, WorkSource Partner with Woodburn Chamber of Commerce on Tourism Chamber of Commerce, Oregon Economic Development sector businesses on work force development programs. Actions other identified partnering agencies. New Business Resource Guide State/Agency Resources Enterprise Zone Guide Workforce Resources Development Plan. DELIVERABLES: agencies. Website 4 COUNCIL MEETING MINUTES JULY 25, 2016 DATELEGION PARK,1385 PARK AVENUE,CITY OF WOODBURN, COUNTY OF JULY 252016 MARION, STATE OF OREGON, , CONVENED The meeting convened at 5:33 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, Economic and DevelopmentServicesDirector Hendryx, Finance Director Head, Economic Development Director Johnk, Public Works Director Scott, Human Resources Director Hereford, Community Relations Manager Gutierrez-Gomez,Communications Coordinator Horton, Executive Legal Assistant Veliz, Recreation Supervisor Villanueva, Recreation Coordinator Velasco, City Recorder Pierson PROCLAMATIONS/PRESENTATIONS 0:00 Proclamations: A. National Night Out B. Community Volunteers Day Presentations: Legion Park Exercise Stations- Martha Rainey with Game Time presented the City of Woodburn with a certificate of recognition for the Legion Park exercise stations that were installed,making it an Outdoor Adult Fitness Park National Demonstration Site. A certificate of recognition was also presented to Marion County and was acceptedby Marion County Commissioner Sam Brentano. CONSENT AGENDA 0:09 A. Woodburn City Council minutes of June 27, 2016 B. Woodburn City Council Work Session minutes of June 27, 2016 C.Full On-Premise Sales-New Outlet for Perico’s Night Club D. Building Activity for June 2016 E. Crime Statistics through June 2016 Lonergan/Ellsworth ... adopt the Consent Agenda. The motion passed unanimously. ADJOURNMENT Councilor Lonergan stated that blue lives matter and that we have a wonderful police department in Woodburn. He thanked the officers for all they do for the community. Mayor Figley added that we are a city who has experienced tragedy of this kind and told the police officers to please be Lonergan/Ellsworth careful out there, your lives really do matter to us.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 5:46 p.m. 5 COUNCIL MEETING MINUTES JULY 25, 2016 APPROVED ___________________________ KATHRYN FIGLEY, MAYOR ATTEST_________________________ Heather Pierson, City Recorder City of Woodburn, Oregon 6 7 8 9 10 11 Agenda Item August 8, 2016 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic andDevelopment Services SUBJECT: 1385 Cooley Road (ANX 2016-02) Alexsey Bodunov RECOMMENDATION: Adopt a Resolution, setting the date for a public hearing on the proposed annexation as required by ORS 222.120. BACKGROUND: The applicant requests annexation of a 2.7 acre parcel fronting Cooley Road, approximately 1,200 feet south of Highway 211 and 225 ft north of Audrey Way. The property is designated Low Density Residential on the Comprehensive Plan Map. The subject property is zoned Urban Transition 20 by Marion County. The site includes a single family dwelling and a manufactured dwelling used for medical hardship by a relative. Abutting properties within the City are zoned Residential Single-Family (RS) and are designated Low Density Residential on the Comprehensive Plan Map. The Planning Commission is scheduled to conduct a public hearing onAugust 25, 2016. The purpose of this agenda item is to set the City Council hearing date (September 12, 2016) for consideration of this matteras required by ORS 222.120. DISCUSSION: None. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. The property can be served by the extension ofexisting public utilitiesand improvements to Cooley Roadwill be made by theproperty owner upon subdividing or partitioning.System Development Charges,used to cover Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 12 Honorable Mayor and City Council August 8, 2016 Page 2 improvements to public water, sewer, storm drain, and park systems,will be assessed when building permits are issued. Site Comprehensive Plan Map showing the subject property 13 COUNCIL BILL NO. 3011 RESOLUTION NO. 2083 ARESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED AT1385 COOLEY ROAD, TAX LOT 051W08DA04400 (ANX 16-02) - ALEXSEY BODUNOV Alexsey & Juliana Bodunov, property owners,requested that the subject WHEREAS, property be annexed to the City of Woodburn; and ,it is in the public interest to also annex the abutting portion of Cooley WHEREAS Road; and , the Woodburn Planning Commission is scheduled on August 25, 2016 to WHEREAS conduct apublichearing to consider the matter; and ,the Woodburn Planning Commission intends to forward the case to the WHEREAS Council;, NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Pursuant to ORS 222.120, 7:00 p.m. on September 12, 2016is declared to Section 1. be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex the property described in Exhibits “A”and “B”attached hereto. Pursuant to ORS 222.120, no election is required on this issue. Section 2. Notice of said hearing shall be published once each week for two Section 3. successive weeks prior to the day of hearingin a newspaper of general circulationin the City, and notices of thathearing shall be posted in four public places in the City for a like period. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Page 1 - Council Bill No. 3011 Resolution No. 2083 14 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. 3011 Resolution No. 2083 15 16 17 Agenda Item August 8, 2016 TO:Mayor and City Council FROM:Scott Derickson, City Administrator N. Robert Shields, City Attorney RE: Ordinance Review and Revision Project - Involved Departments: Jim Hendryx, Economic & Development Services Director James C. Ferraris, Chief of Police Randy Scott, Public Works Director Heather Pierson, City Recorder SUBJECT: Discussion of Proposed Amendments to Traffic Ordinance RECOMMENDATION: Consider and discuss modifications to the existing Traffic Ordinance. : BACKGROUND Review of theexisting Traffic Ordinance (Ordinance 2285) marks the resumption of the Ordinance Review and Revision Project, which has been designated a City Council Goal. As you recall, we previously made significant progress on this Project but were interrupted by a temporary reduction in legal staff. Now that the City Attorney’s Office is again at full strength, our intent is to present to the City Council a series of proposed amendments of different ordinances to consider. Before being presented for City Councildiscussion, each ordinance will be carefully reviewed and discussed by all affected City departments, assigned a relative priority by the City Administrator and then modified, as needed by the City Attorney’s Office. In the specific case of the Traffic Ordinance before you tonight, a private property dispute brought City’s staff’s attention to the need for an ordinance amendment to resolve an enforcement ambiguity regarding fire lane “no parking” designations on private property. Currently, under Oregon law (ORS 811.550-555) and Ordinance 2285, Woodburn Police likely do not have the authority to enter onto private roads to issue citations or move and/or prevent Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__ 18 Mayor and City Council August 8, 2016 Page 2 drivers from parking in designated fire lanes. This is an important issue that affects a number of current and future subdivisions whose fire lane designations on private roads could not be enforced. In order to remedythis deficiency, the City Attorney’s Office drafteda proposed ordinance amendment.This revision will provide Woodburn police officers with the same authority they currently have for enforcing “no parking” in fire lanes on public streets to private streets. Because the proposed fire lane enforcement amendment would be a revision to the existing Traffic Ordinance, the City Attorney’s Office suggested that this entire ordinance (which is used extensively by the Police Department, Planning and Public Works) be reviewed and revised. DISCUSSION: After an extensive review and discussion of the existing Traffic Ordinance, staff respectfully requests the City Council to consider thefollowing proposed modifications: 1. Prohibiting the storage of recreational vehicles/motor homes on highways, streets, or other public property. Under the current Traffic Ordinance, Woodburn enforcement officers must treat the parking and storage of RVsin nearly the same manner as they do automobiles. Specifically the 72 hr. parking rule—“failure to remove a vehicle . . . for a period of 72 hours shall constitute prima facie evidence of storage . . .”— applies to both types of vehicles. Some community concerns have been raised about whether treating automobile and RV-storage issues in the same manner is appropriate and this is ultimately a policy issue for the City Council. Some residents believe that RV-storage issues in their neighborhoods have an adverse impact on local safety and neighborhood aesthetics. It is not recommended that a total prohibition of RVparking on city streets be implemented, but that further limitations to overnight parking might resolve many of the concerns that have been raised. Staff’s proposed modifications are based on an existing Lake Oswego Ordinance that limits where an individual may park an RVand the number of days that an individual may park an RVon the street for periods that extend overnight (e.g. within 100-feet of the owner’s residence and no more than 1-day in any 7-day consecutive period). A Recreational Vehicle Ordinance Comparison Chart (attached) details what is permitted under 19 Mayor and City Council August 8, 2016 Page 3 the current Traffic Ordinance compared to what will be permitted if the ordinance is amended as proposed. 2. Prohibitingthe parking of motor vehicles in designated fire lanes, whether established on public or private property. As it currently stands, ORS 811.550 does give local law enforcement and code enforcement officers the authority to cite and tow vehicles parked in designated fire lanes on highways, streets, and other public right-of-ways. This statutory law, however, is limited in how it addresses enforcement of fire lanes that are designated on private roads. Currently, the City has recognized that a number of planned subdivisions in Woodburninclude private roads that have required “fire lane”designations, but are otherwise outside the scope of enforcement provided by ORS 811.550. When the Planning Department conducts final approval for a subdivision that requires designated fire lanes, it ensures that proper signage or curb markings are in place, however, the authority forenforcement officers to act on private land and cite or tow vehicles that park in these designated fire lanes has been unclear. This ambiguity does create some concern, particularly when we focus on the ability of a fire truck or emergency vehicle beingable to fully access these roads in cases of an emergency. In addressing this concern, it was important to staff that the Traffic Ordinance section on prohibited parking clearly designate that vehicles are not only prohibited from parking in designated fire lanes established on public roads, but that parking on private property will be treated in a similar manner.Additionally, under the authority to enforce this provision,the ordinance extends authority for enforcement officers to act on private roads, so long as entry is gained in accordance with the law. Finally, it should be noted that before amending this ordinance, per the requirements of ORS 368.039(3), the city consulted "with the municipal fire department . . . concerning the proposed specifications and standards \[and considered\] the needs of the fire department \[in\] adopting the final specifications and standards.” Staff consulted with the Woodburn Fire Districtin order to meet this statutory requirement and they agree with the proposed amendment. 3. Prohibiting the parking of trucks or truck trailers on certain highways, streets, or other public property. 20 Mayor and City Council August 8, 2016 Page 4 In conducting an overall review of the Traffic Ordinance, staff also found that certain minor changes should be made to the provisions regulating truck and truck trailer parking restrictions. First, it was noted that the definition for “truck” under Section 2 of the existing Ordinance could be better defined and reinforced with references to the ORS statutory definition for “motor truck.” Secondly, additionallocation terms could be added underSection 16(1)’s parking restriction to better align the Ordinance with Oregon Fire Code standards. FINANCIAL IMPACT: None. 21 WOC T RAFFIC OODBURN RDINANCE OMPILATION ORDINANCE 2285 AN ORDINANCE REGULATING MOTOR VEHICLE, BICYCLE AND PEDESTRIAN TRAFFIC WITHIN THE CITY OF WOODBURN; REPEALING ORDINANCES 1904, 2078 AND 2191; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: This ordinance may be cited as the “City of Woodburn Section 1.Short Title. Traffic Ordinance.” Section 2.Definitions. (1)The definitions contained in the Oregon Vehicle Code, ORS Chapter 801, as constituted on the date this ordinance takes effect, are hereby incorporated by reference. (2)As used in this Ordinance, the following words and phrases mean: (a). A space on the edge of a roadway designated by sign for Bus stop use by buses loading or unloading passengers. (b)The Chief of Police of the City of Woodburn or Chief of Police. designee. (c). The City of Woodburn. City (b)The City Administrator of the City of Woodburn or City Administrator. designee. (d)The City Council of the City of Woodburn. Council. (e). A situation where an unforeseen combination of Emergency circumstances calls for immediate action in order to avoid damage to a vehicle or where a vehicle was rendered inoperable but does not include a situation where the vehicle is left standing in excess of 24 hours. (f). New Year's Day, Independence Day, Labor Day, Holiday Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a holiday. (g). A space on the edge of a roadway designated by Loading zone sign forthe purpose of loading or unloading passengers or materials during specified hours of specified days. ON. 2285 P 1 RDINANCE OAGE 22 WOC T RAFFIC OODBURN RDINANCE OMPILATION (h)Any march, demonstration, procession or motorcade Parade. consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the City with an intentof attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds. (i). A natural person, firm, partnership, association, or Person corporation, company or organization of any kind. (j). Any place or way set aside or open to the general publicfor Street purposes of vehicular traffic. (k). That area of the highway used for or designated forthe Traffic lane movement of a single line of traffic. (l). A “motortruck” vehicle as defined by ORS 801.355that is Truck vehicledesigned and used primarily for drawingother vehicles, such as truck trailers, or for carrying loads other than passengers, andsubject to state licensing for ten thousand (10,000) pounds or more gross vehicle weight. (m). Any trailer designed and used primarily for carrying Truck Trailer loads other than passengers whether designed as a balance trailer, pole trailer, semitraileror self-supporting trailer. Administration Subject to state law, the Council constitutes Section 3.Powers of the Council. the City road authority under ORS 810.010 and is empowered with all municipal traffic authority for the City except those powers specificallyand expressly delegated herein or by another ordinance. . The City Administrator shall Section 4.Duties of the City Administrator implement the ordinances, resolutions and motions of the Council. Installation of traffic control devices shall be based on the standards contained in the Oregon Manual on Uniform Traffic Control Devices for Streets and Highways. In addition to any other duties provided Section 4A.Duties of Chief of Police. herein, the Council delegates to the Chief of Police theauthority under ORS 810.030 to impose temporary street closures for a period not to exceed 14 days. Temporary street closures may be made because of traffic accidents or hazards, construction activity, natural disasters, special events, or any other reason where temporary closure is necessary to protect the interest and safety of the general public. (Section 4A added by Ordinance 2323 adopted July 17, 2002.) Under conditions constituting a danger to thepublic, Section 5.Public Danger. the City Administrator may install temporary traffic control devices which aredetermined to be necessary. ON. 2285 P 2 RDINANCE OAGE 23 WOC T RAFFIC OODBURN RDINANCE OMPILATION . The regulations of the Mayor and City Council or its Section 6.Standards designate shall be based upon: (1)Traffic engineering principles and traffic investigations. (2) Standards, limitations and rules promulgated by the OregonTransportation Commission. (3) Other recognized traffic control standards. . Police officers as defined by ORS Section 7. Authority to Enforce Ordinance 801.395 and all other City employees designated by the City Administrator have the authority to enforce the provisions of this Ordinanceto all City of Woodburn owned or operated property, highways as defined by ORS 801.305, and all private streets within the City limits specificallynoted bythis Ordinance. When necessary to investigate a suspected violation Section 7A.Right of Entry. of this Ordinance, the enforcement officer may enter on any site open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site that is closed to the public shall be entered without the consent of the owner or occupant. If entry is refused, the enforcement officer shall have recourse to the remedies provided by law to secure entry. No unauthorized Section 8. Alteration of Traffic Control Devices Prohibited. person shall install, move, remove, alter the positionof, or deface or tamper with a traffic control device. Section 9. Presumption that Traffic Control Device was Lawfully Authorized and A traffic control device is presumed to be lawfully authorized and installed Installed. unless the contrary is established by competent evidence. General Regulations . No operator of a vehicle shall proceed Section 10.Crossing Private Property from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. . Section 11. Unlawful Riding (1) No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. ON. 2285 P 3 RDINANCE OAGE 24 WOC T RAFFIC OODBURN RDINANCE OMPILATION (2) No person shall board or alight from a vehicle while the vehicle is inmotion upon a street. . No person shall use the streets for traveling on Section 12. Prohibited Devices skis, toboggans, sleds, skates, skateboards roller blades or other similar devices. . A party to a vehicle accident or a Section 13. Removing Glass and Debris person causing broken glass or other debris to be deposited upon a street shall remove the glass and other debris from the street. No unauthorized person shall obstruct the free Section 14. Obstructing Streets. movement of motor vehicles or pedestrians using the streets. . No person shall store or permit to be Section 15. Storage of Vehicles on Streets stored on a street or other public property, without permission of the City, a vehicle or personal property. Failure to remove a vehicle or other personal property for a period of 72 hours shall constitute prima facieevidence of storage of a vehicle. Section 16. Storage and Parking Trucks, Trailers, Boats, Campers, Car Units and Other Vehicles. (1) No person shall park a truck,or truck trailer upon any street, alley, avenue or public way in any residential area of the City adjacent to any residence, apartment, hotel, care facility, church, school, hospital, multiple dwelling, park or playground in any area of the City. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in theCity for the actual loading or unloading of goods or to make repairs necessitated by an emergency. (2) No person shall park a bus or vacation house trailer, motor home, recreational vehicle, travel trailer, camper, boat and/orboat trailer, whether attended or unattended,, motor home, tent trailer, utility trailer, or any motorized or unmotorized vehicleon any highway, street or other public property on any avenue or public way within the City for longer than 72 hours.for a period greater than thirty minutes, between the hours of twelve a.m. and six a.m. without permission of the City Administratoror his designee, except that abus, motor home, recreational vehicle, travel trailer, camper, boat and/orboat trailer may be parked on a highway or street between the above hours for 1-day in any 7-day consecutive period, provided itis parked within 100 feet of the owner’s residence. A bus, motor home,recreational vehicle, travel trailer, camper, boat and/orboat trailer may be parked on a public street longer than 1-day if: (a) It is owned by the resident or guest of the resident of the property in front of which it is parked; ON. 2285 P 4 RDINANCE OAGE 25 WOC T RAFFIC OODBURN RDINANCE OMPILATION (b)It is parked on the public street no longer than 10-days in any calendar year. Failure to move a motor vehicle for 10-days constitutes prima facie evidence of violation of this section; and (c)It is parked in a manner which does not interfere with trafficor create a hazard by obstructing the view of drivers Failure to move a vehicle regulated Section 17. Calculation of Time of Storage. by Section 15 and 16 of this Ordinanceafter expiration of any of the time periods set forth constitutes prima facie evidence of violation of that Section. For purposes of Section 15 of this Ordinance, “move” is defined as When calculating hours underSections 15 and 16 of this Ordinance, the continuity of time shall not be deemed broken by the movement of the motor vehicle or personal property elsewhere on the block unless the movement removingesthe motor vehicle or personal property from the block where it is located before it is returned.For the purposes of Section 16 of this Ordinance, “move” means transporting the bus, motor home, recreational vehicle, travel trailer, camper, boat and/orboat traileroff the City’s highways, streets, and other public property. Parking Regulations Section 18. Method of Parking. (1) Where parking space markings are placed ona street, no person shall stand or park a vehicle other than in the indicated direction, and unless the size orshape of the motor vehicle makes compliance impossible, within a single markedspace. (2) The operator who first begins maneuvering a motor vehicle into a vacant parking space on a street shall have priority to park in the space, and no other motor vehicle operator shall attempt to interfere. (3) Whenever the operator of a vehicle discovers the vehicle is parked close to a building to which the fire department has been summoned, the operator shall immediately remove the vehicle from the area, unless otherwise directed by the police or fire officers. . In addition to the state motorvehicle Section 19. Prohibited Parking or Standing laws prohibiting parking, no person shall park or stand: (1) A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 30 consecutive minutes. (2) A motor vehicle upon a street for the principal purpose of: (a) Displaying the vehicle for sale. (b) Repairing or servicing the vehicle, except to make repairsnecessitated by an emergency. ON. 2285 P 5 RDINANCE OAGE 26 WOC T RAFFIC OODBURN RDINANCE OMPILATION (c) Displaying advertising from the vehicle. (d) Selling merchandise from the vehicle, except when authorized. (3) A motor vehicle parked in such a manner that it damages or causes to be damaged any public improvement within the City including streets, alleys, or other public ways. The person who parked the vehicle shall be liable to the City for thedamage caused thereby. (4)A vehicleon a highway or streetclearly designated as a fire apparatus access road or fire lane per Section 2 of the Oregon Fire Code.A curb painted red or otherwise marked as a “Fire Lane” designates a fire apparatus access road or fire lane and may be established on public or private property. Section 20. Affirmative Defense of Emergency RepairsUnder Sections 15, 16and . 19 of this Ordinance, it shall be an affirmative defense that the prohibited parking was necessitated by an emergency and the defendant shall have the burden ofproving the existence of the emergency by a preponderance of the evidence. . No person shall stand or park a vehicle forany Section 21. Use of Loading Zone purpose or length of time, other than for the expeditious loading or unloading ofpersons or materials, in a place designated as a loading zone when the hoursapplicable to that loading zone are in effect. In no case, when the hours applicable tothe loading zone are in effect,shall the stop for loading and unloading of materialsexceed the time limits posted. If no time limits are posted, then the use of the loadingzone shall not exceed 30 minutes. . Whenevera police officer finds a motor Section 22. Unattended Vehicles vehicle parked unattended with the ignition key in the vehicle, the police officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. . The operator of a bus shall not standor Section 23. Standing or Parking of Buses park the vehicle upon a street in a business district at a place other than a bus stop, except that this provision shall not prevent the operator from temporarily stopping the bus outside a traffic lane while loading or unloading passengers. . No person shall stand or park a vehicle Section 24. Restricted Use of Bus Stops other than a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop for the purpose of, and while actually engaged in, loading or unloading passengers when stopping does not interfere with a bus waiting to enter orabout to enter the restricted zone. Where maximum parking time limits are Section 25.Extension of Parking Time. designated by sign, movement of a vehicle in a block shall not extend the time limits for parking. ON. 2285 P 6 RDINANCE OAGE 27 WOC T RAFFIC OODBURN RDINANCE OMPILATION . The provisions of this ordinance regulating the parkingor Section 26. Exemption standing of vehicles shall not apply to a vehicle of the city, county or state or publicutility while necessarily in use for construction or repair work on a street, or a vehicleoperated by the United States while in use for the collection, transportation or deliveryof mail. Abandoned Vehicles City police officers Section 27. Authority OverAbandoned Vehicles within City. and code enforcement personnel employed by the Cityand supervised by the Chief of Police shall have authority pursuant to ORS 819.140(1)(c) to take abandoned vehicles into custody and exercise powers over abandoned vehicles pursuant to state law. All abandoned vehicles shall be Section 28. Abandoned Vehicle Procedure. processed under the provisions of state law. Bicycles .In addition to observing all other Section 29. Bicycle Operating Rules applicable provisions of this ordinance and state law pertaining to bicycles, a person shall: (1) Not leave a bicycle, except in a bicycle rack. If no bike rack is provided, the person shall leave the bicycle so as not to obstruct any roadway, sidewalk,driveway or building entrance. A person shall not leave a bicycle in violation of theprovisions relating to the parking of motor vehicles. (2) Not ride a bicycle upon a sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. . The owner or lawful possessor of a bicycle may obtain a Section 30. Licensing license in the following manner: (1) The police department shall issue licensesand in so doing, shall obtainand record the name and address of each person purchasing a license and the make,model and serial number (if any) of the bicycle. (2) A number shall be assigned to each bicycle so licensed, and a record of the license issued shall be maintained as part of the police records. A license plate assigned shall be affixed to the frame of the bicycle. (3) A fee for a bicycle license shall be $1.00; all license fees collected shall be paid over to the general fund. Section 31. Impounding of Bicycles. ON. 2285 P 7 RDINANCE OAGE 28 WOC T RAFFIC OODBURN RDINANCE OMPILATION (1) No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. (2) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department. (3) In addition to any citation issued, a bicycle parked in violation of this ordinance may be immediately impounded by the police department. (4) If a bicycle impounded under this ordinance is licensed, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner. (5) A bicycle impounded under this ordinance which remains unclaimed shall be disposed of in accordance with the city's procedures for disposal of abandoned or lost personal property. Pedestrians . A pedestrian shall cross a street at a right angle,unless Section 32. Right Angles crossing within a crosswalk. No pedestrian shall cross a street other Section 33. Use of Available Crosswalk. than within a crosswalk inblocks with marked crosswalks or if within 150 feet of a marked crosswalk. No person shall use skates, Section 34. Skates, Skateboards, and Roller blades. skateboards, roller blades or other similar devices upona sidewalk within the downtown core area bounded on the north by Harrison Street, on the west by Second Street, on the south by Cleveland Street, and on the east by Front Street. Funeral Processions Section 35. Funeral Processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practical. (2)The procession shall be accompanied by adequate escort vehicles for traffic control purposes. (3) All motor vehicles in the procession shall be operated with their headlights turned on. (4) No person shall unreasonably interfere with a funeral procession. ON. 2285 P 8 RDINANCE OAGE 29 WOC T RAFFIC OODBURN RDINANCE OMPILATION (5) No person shall operate a vehicle which is not a part of the procession between the vehicles of a funeral procession. Parades No person shall engage in or conduct anyparade Section 36.Permit Required. unless a permit is issued by the Chief of Police. Section 37.Parade Permit Application. (1) Application for a parade permit shall be made, except for a funeral procession, to the Chief of Police at least seven days priorto the intended date of parade, unless the time iswaived by the Chief of Police. In considering whether to waive the minimum time within which an application for a permit must be made, the Chief of Police shall consider the following factors: (a) Whether the size, route or nature of the proposed parade is suchthat additional law enforcement or other resources are required; (b) Time needed to inform the public of the parade in order tominimize public inconvenience. (2) Applications shall be signed by the applicant and include the following information: (a) The name, address and telephone number of the persons responsible for the proposed parade. (b) The name, address and telephone number of the headquarters of the organization for which theparade is to be conducted, if any, and the authorizedand responsible heads of the organization. (c) The requested date of the proposed parade. (d) The desired route, including assembling point. (e)A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traveled. (f) The location by street of any assembly areas for such parade. (g) The number of persons, vehicles and animals which will be participating in the parade. (h) The estimated number of spectators. ON. 2285 P 9 RDINANCE OAGE 30 WOC T RAFFIC OODBURN RDINANCE OMPILATION (i) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade. (j) The intervals of space to be maintained between units of such parade. (k) The proposed starting and ending times. . Section 38Standards for Issuance. (1) The Chief of Police shall issue a parade permit as provided for hereinwhen, from a consideration of the application and from such other information as may otherwise be obtained, the Chief of Police finds that: (a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (b) The conduct of theparade will not require the diversion of so great a number of City police officers to properly police theline of movement and the areas contiguous thereto as to prevent normal police protection of the City; (c) The concentration of persons, animals, and vehicles at public assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assemblyareas; (d) The conduct of the parade is not reasonably likely to cause injuryto persons or property; (e) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (f) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; (g) There are sufficient parking placesnear the site of the parade to accommodate the number of vehicles reasonably expected; (h) No parade permit application for the same time and location is already granted or has been received and will be granted. If the Chief of Police denies the permit basedupon Section 39. Denial of Permit. the standards for issuance specified in Section 38, written findings shall be issued specifying the reasons for the decision and a copy of thefindings shall be furnished to the applicant. . Section 40. Alternative Permit ON. 2285 P 10 RDINANCE OAGE 31 WOC T RAFFIC OODBURN RDINANCE OMPILATION (1) The Chief of Police, in denying an application for a parade permit, may authorize the conduct of the parade at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the Chief of Police, file a writtennotice of acceptance with the Chief of Police. (2) An alternate parade permit shall conform to the requirements of, andshall have the effect of, a parade permit issued under this Ordinance. Section 41. Notification of Decision. (1) The Chief of Police shall notify the applicant of the decision within fivedays of receipt of the application. (2) If the Chief of Police requires an alternate route or an alternate date or refuses to issue a permit, the applicant shall have the right to appeal this decision to the Council. Section 42. Appeal to Council. (1) The applicant may appeal the decision of the Chief of Police by filing a written request of the appeal with the City Recorder within five days after the Chief of Police has proposed alternatives or refused to issue a permit. (2) The Council shall schedule a hearing date which shall not be later thanthe second regular session following the filing of the written appeal with the CityRecorder and shall notify the applicant of the date and time that he may appear eitherin person or by a representative. Section 43. Public Conduct During Parades. (1) No person shall unreasonably hamper, obstruct or impede, or interferewith any parade or with any person, vehicle or animal participating or used in aparade. (2) No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (3) The Chief of Police shall have the authority, when reasonably necessary,to prohibit or restrict the parking of vehicles along a street constituting a part of theroute of a parade. The following prohibitions shall apply to all Section 44. Prohibited Conduct. parades: (1) It shall be unlawful for any person to stage, present, or conduct anyparade without first having obtained a permit as herein provided; ON. 2285 P 11 RDINANCE OAGE 32 WOC T RAFFIC OODBURN RDINANCE OMPILATION (2) It shall be unlawful for any person to participate in a parade for which the person knows a permit has not been granted; (3) It shall be unlawful for any person in charge of, or responsiblefor the conduct of, a duly licensed parade to knowingly fail to comply with any condition of the parade permit; The City Administrator may revoke a paradepermit Section 45. Permit Revocable. if: (1) An imminent threat of violence and personal injury to the parade participants exists, all reasonable efforts to protect the parade participants have failed, and a request to disband the parade made tothe parade organizers has been refused; (2) Actual violence that endangers public safety has been caused byparade participants and public safety cannot be protected without revocation of thepermit; or (3) There is significant deviation from the route designated in the applicationor approval, or assembly at points not shown in the application or approval, whichoccurs without approval of the Chief of Police. Parking Citations and Owner Responsibility . Whenever a vehicle withoutan Section 46. Citation on Illegally Parked Vehicle operator is found parked in violation of a restriction imposed by this ordinance orstate law, the officer finding the vehicle shall take its license number and any otherinformation displayed on the vehicle which may identify its owner, and shallconspicuously affix to the vehicle a traffic citation instructing the operator to answer tothe charge and at the time and place specified in the citation. The owner of a vehicle placed in violation ofa Section 47. Owner Responsibility. parking restriction shall be responsible for the offense, except when the use of thevehicle was secured by the operator without the owner's consent. . In a prosecution of a vehicleowner Section 48. Registered Owner Presumption charging a violation of a restriction on parking, proof that the vehicle at the timeof the violation was registered to the defendant shall constitute a presumption that the defendant was then the owner in fact. Impoundment and Penalties When any Section 49. Authority to Impound Improperly Parked Vehicles. unattended vehicle is parked upon a street, alley or public way of the City in such a manner that it is unlawfully parked in any prohibited or restricted area or is unlawfully parked for a length of time prohibited by this Ordinance, such vehicle is declared by the Council to be a public nuisance and it shallbe subject to abatement, removal and impounding in accordance with the procedures provided for abandoned vehicles pursuant to state law. ON. 2285 P 12 RDINANCE OAGE 33 WOC T RAFFIC OODBURN RDINANCE OMPILATION Each violation of any provision of this Section 50. Civil Infraction Assessment. Ordinance constitutes a class 4 civil infraction and shallbe dealt with according to the procedures established by City ordinance. General . If a portion of this ordinance is for any reason Section 51. Severability Clause held to be invalid, such decision shall not affect validity oftheremaining portions of this ordinance. . Ordinances 1904, 2078 and 2191 are hereby repealed. Section 52. Repeal The repeal of any ordinance by this Ordinance shall Section 53. Saving Clause. not preclude any action against any person who violated the ordinance prior to the effective date of this ordinance. . This ordinance being necessary for the Section 54. Emergency Clause immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ON. 2285 P 13 RDINANCE OAGE 34 Recreational Vehicle Ordinance Comparison Chart Current Ordinance 2285, Amended Ordinance Circumstance Section 16(2) Daytime Parking Allowed Allowed Only 30-minutes between the hours of twelve a.m. and six a.m. Nighttime Parking **unless a longer duration Allowed exception exists as outlined below. - 1 day / 7 days day Rule: Overnight parking allowed for 1- day in any 7-day consecutive period, provided the RV is parked within 100-feet of owner’s residence. Parking Duration/Storage 72 hr. rule Overnight - 10 days / 1 yr. Rule: Overnight parking allowed beyond the 1/7-day rule, for a total of 10- days per year, if the RV owned by the resident or guest of the resident of the property in front of which it is parked. - No area restrictions for daytime RV parking. - Overnight RV parking locations Parking Location No Restrictions would be restricted under the parking duration rules requiring that the RV is parked in close proximity to the owner’s home. -Calculation of storage time on the street for motor vehicles Calculation of storage time on the would remain unchanged. street is the same for both motor vehicles and RVs; and for a vehicle - Calculation of storage time on to be considered “moved” under Calculation of Time of Storage the street for RVs would be more the 72 hr. rule, the owner merely stringent, and for a RV to be needs to remove the vehicle from considered “moved,” the owner the block where it is located would be required to transport before it returns the RV off the City’s highways and streets before it returns. 35 Agenda Item August 8, 2016 TO:Honorable Mayor and City Council, Acting as the Local Contract Review Board, through City Administrator FROM:Jason Alexander, Captain THROUGH:James C. Ferraris, Chief of Police SUBJECT: Acceptance of Proposal for Lease of Marked Police Vehicles : RECOMMENDATION Accept the proposal of Auto Additions, Inc.for police vehicle leasingservices. The Woodburn Police Department will lease Ford Police Interceptor SUVpolice vehicles in the amount of $40,878.36 per vehicle for athree year lease period. : BACKGROUND Three (3) of the current marked patrol units have reached the end of their lease period and are due for replacement. The City sought marked police vehicle leasing servicesfor a period of three (3) years with the possibility of extending for an additional three (3) years. : DISCUSSION On June 3, 2016, the Woodburn Police Department published a Request for Proposal (RFP) for Police Vehicle Leasing services and requestedquotes for a minimum of three (3) Ford Police Interceptor SUVvehicles; the deadline for submission was June 30, 2016.Three (3) businesses submitted quotes, Auto Additions, Inc.of Salem, Oregon, Wire Works LLC of Salem, Oregonand Day Wireless of Milwaukie, Oregon. The Selection Committee reviewed each bidand ranked each bid using the following four (4) categories: 1.Project Team and Firm Capabilities 2.Project Understanding and Approach 3.Cost Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 36 Mayor and City Council August 8, 2016 Page 2 4.Project Examples The Woodburn Police Department has conducted business with each of the three (3) firms in the past. The received bids were similar in content and pricing. Each of the firms provided adequate documentation regarding their ability to fulfill the job requirementsandprovided sufficient project references. The financial obligation, for one vehicle, from each firm is as follows: Wire Works$39,794.40 Auto Additions $40,878.36 Day Wireless$41,717.82 It should be noted that Auto Additions did leave one (1) piece of equipment off of their original bid. Acorrected quotewas asked for, which they provided. Wire Works omitted two (2)pieces of equipment from their original bid. They were asked for a corrected bid and only quoted one (1) of the specified items. Therefore the quote from Wire Works is less that piece of equipment totaling $239.40. Based upon the four (4) categories, the Selection Committee ranked the three (3) firms as follows: 1.Auto Additions 2.Wire Works 3.Day Wireless Considering all these factors the award to Auto Additions would be in the best interest of the City of Woodburn and the taxpayers. : FINANCIAL IMPACT Funds are available from the current fiscal year Police Department budget to lease the units. 37 Agenda Item August 8, 2016 TO:MayorandCityCouncilthroughCity FROM: AdministratorJames C. Ferrais,Chiefof Police SUBJECT: METCOM Lease Agreement RECOMMENDATION: uthorize the City Administrator to execute, on behalf of the City, a Lease A Agreement with METCOM. BACKGROUND: In 2013, the CityCouncil, along with other member jurisdictions, entered into an intergovernmental agreement creating METCOM (arion area multi-agency M mergency ele-munications Center). METCOM is the successor entity to ETCom NORCOM (North Marion County Communications Center)and continues to provide 911 dispatch services to its member agencies (See attached list of jurisdictions). When it was initially created, NORCOM entered into a Lease Agreement with the City for the use of City space to provide NORCOM dispatch services. NORCOM initially leased 1,200 square feet of space in the City Hall basement and then leased 1,750 square feet in the Woodburn Police Facility. Historically, this lease arrangement was renewed by the parties on several occasions and has continued until the present. However, after NORCOM was dissolved and METCOM was created, there has been no written Lease Agreement between the City and METCOM addressing this space arrangement. DISCUSSION: After becoming Police Chief and realizing that the Department had no current written lease in effect with METCOM, I thought it important that this space sharing arrangement again be formalized. While the Department is fortunate to have an excellent working relationship with METCOM, it is in the interest of both parties to again have a written agreement in force. Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___ 38 Mayor and City Council August 8, 2016 Page 2 Some key points in the new Lease Agreement are as follows: 2,860 square feet of office space is now leased. A portion of the communication tower and rooftop is also leased. Common areas, including the parking area, data room, bunk room, lunch room, restrooms and all other common areas will be made available. Initial lease term is from execution until June 30, 2019, with an option by METCOM to extend the agreement for three successive one-year terms. Standard lease terms regarding the use of the space encourage both parties to cooperate in a reasonable and businesslike manner. FINANCIAL IMPACT: The Lease Agreement specifies rent of $15,607 for the first year, $16,387 for the second year, and $17,206 for the third year. Total rent will be $49,200for the entire term of the lease. 39 METCOM Jurisdictions Hubbard Police Department Mt. Angel Police Department Silverton Police Department Woodburn Police Department Stayton Police Department Aumsville Police Department Turner Police Department Aurora Fire District Drakes Crossing Fire Hubbard Fire District Monitor Fire District Mt. Angel Fire District Silverton Fire District St. Paul Fire District Woodburn Fire District Jefferson Fire District Turner Fire District Aumsville Fire District Sublimity Fire District Stayton Fire District Lyons Fire District Mill City Fire District Gates Fire District Detroit Idanha Fire District Woodburn Ambulance Santiam Ambulance US Forest Service LEO –Suislaw and Willamette National Forests Marion County Public Works –after hours US Bureau of Land Management –after hours 40 LEASE AGREEMENT This Lease Agreement (“Agreement”) is made as of the last date of signatures indicated below (“Effective Date”), between the City of Woodburn, an Oregon municipal corporation (“Landlord”), and METCOM, an intergovernmental agency recognized under Oregon Revised Statute Chapter 190 (“Tenant”). In consideration of the mutual promises contained herein and subject to the terms and conditions hereof, the parties agree as follows: 1.Premises. Landlord leases to Tenant, and Tenant hereby leases from Landlord, portions of the real property located at the Woodburn Police Department, 1060 Mt. Hood Avenue, Woodburn, Marion County, Oregon 97071 (the “Premises”), more specifically described as follows: 1.1.Office Space. Office space consisting of approximately 2,860 sq. ft., more particularly set out in the attached Exhibit A; 1.2.Communication Tower and Rooftop Space. A portion of the Woodburn Police Department’s Communication Tower(set out in Exhibit B) and a portion of the building facility’s rooftop for the placement of Antenna equipment per Section 4.5.; 1.3.Common Areas. During the term of this Agreement, the Office Space and the portion of the Communication Tower and Rooftop set out aboveare designated for sole use by the Tenant. Tenant shall also have the non-exclusive right, in common with Landlord, employees and invitees, to use the following shared facilities or common areas of the property per the following conditions: . Tenant and Tenant’s employees may utilize both front and rear 1.3.1.Parking Areas parking facilities on the property—with the rear parking facility being generally preferred—, so long as use reasonably relates to Tenant’s occupation of the Premises and does not interfere with the day-to-day operations of the Woodburn Police Department or inhibit community members from parking at, or accessing the Woodburn Police Department. 1.3.2.Data Room. Tenant may store and maintain computer, server, radio, and phone system equipment in the “data room” facility, wheresuch equipment relates to Tenant’s Permissible Use of the Premises. 1.3.3.Bunk Room. Tenant and Tenant’s employees may use the Bunk Room facility on a first-come, first-served basis. The Bunk Room is single occupancy only. Additionally, it is the general responsibility of all users to clean-up after using the Bunk Room, including laundering all sheets and linens used. LEASE AGREEMENT Page 1 of 10 41 1.3.4.Conference Room; Emergency Operations Center (“EOC”); and Community Room. Tenant may request to use the Conference Room, EOC, and Community Room facilities by utilizing the Room Reservation function in Microsoft Outlook’s calendar system or by directly contacting the Chief of Police or a designee acting on behalf of the Landlord. Requests for this use will largely be honored unless a conflict arises where Landlord requires use of the same space at the same time. In such circumstances, Landlord agrees to work with Tenant to find a suitable alternative, such as relocating or rescheduling Tenant’s meeting. 1.3.5.Other. Tenant and Tenant’s employees may also utilize the building’s restrooms, lunch and break room areas, hallways, ingresses/egresses, landscaped areas, courtyards, and walkways. 2.Term. 2.1.Initial Term. The Initial Term of this Agreement commences upon the Effective Date and runs until June 30, 2019. 2.2.Option to Extend. Tenant shall have the option to extend this Agreement for up to three (3)successive 1-year terms. If Tenant elects to exercise this option, then Tenant must provide Landlord with written notice no later than ninety (90) days prior to expiration of the lease term. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend the term of this Agreement Any extension will be governed by the same terms and conditions of this Agreement, except for the provisions regarding rent. Landlord shall have thirty (30) days after its receipt of Tenant’s notice of extension to advise Tenant of any increase to theRental Amount that will apply to the extended period. In the event Tenant agrees to a said increase, the Agreement will be extended for another 1-year term. In the event Tenant does not agree, this Agreement will terminate. This section will not limit the ability of either party to terminate this Agreement pursuant to Section 22. . 3.Rent 3.1.Rental Amount. Tenant shall pay Landlord all rents in advance, on or before the first day of each calendar month. Tenant may also coordinate with Landlord to pay rent in advance on a quarterly basis per its current practice. The Rental Amount owed will be calculated based on the following schedule: Rental Period Annual Rent AmountMonthly Rent Payment Year 1: July 1, 2016 – June 30, 2017$15,607$1,300.58 Year 2: July 1, 2017 – June 30, 2018$16,387$1,365.58 Year 3: July 1, 2018 – June 30, 2019$17,206$1,433.83 LEASE AGREEMENT Page 2 of 10 42 . Where Tenant has, at present, made payment to Landlord covering 3.2.Credited Rent part of the Rental Amount for “Year 1,” that rent will be credited to the Annual Rent Amount owed and future billing will reflect that certain payment has already been received by Landlord. 3.3.Rental Payments. Tenant shall make all rental payments payable to The City of Woodburn at the followingaddress: City of Woodburn, Attn: Woodburn Finance Director, 270 Montgomery Street, Woodburn, Oregon 97071. 4.Use of Premises. 4.1.Permissible Uses. Tenant shall use the Premises for the operation of a 9-1-1 emergency/dispatch center and for no other purposewithout first obtaining the written consent of Landlord. Tenant shall not use or allow the Premises to be used for any unlawful, disreputable, or hazardous purpose, and shall observe and comply with all laws, rules, and regulations of any municipal, county, state, federal, or other public authority respecting the use of the Premises. 4.2.Common Areas. Tenant shall have use of common areas within the Premises, as set forth in Section 1.3. Landlord, through the Chief of Police, has exclusive control and management over common areas and may, in its discretion, from time to time, (i) make changes to, or modify the designation of what are common areas; or (ii) temporarily close any of the common areas, so long as Tenant’s access to the Premises remains available. 4.3.Pets/Animals. It is a general management policy of the Landlord that pets are not allowed on the Premises, with the exception of bona fide service animals and other animals specifically approved by the Chief of Police, acting on behalf of the Landlord. . Neither Tenant, nor any of Tenant’s agents, contractors, 4.4.Hazardous Materials employees, licensees or invitees shall at any time handle, use, manufacture, store or dispose of in or about the Premises or the Woodburn Police Department any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance (collectively “Hazardous Materials”) subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, presently in effect or hereafter adopted, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively “Environmental Laws”). Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling,use or disposition in or LEASE AGREEMENT Page 3 of 10 43 from the Premises of any Hazardous Materials, or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this paragraph. 4.5.Antenna. Tenant shall have the right to erect and maintain, at its own expense, a radio transmitting apparatus (“Antenna”) on the Premises including the necessary cabling, transmitter, mast, bracing and other components related to radio transmission in accordance with the Premises diagram attached as Exhibit B. Tenant’s placement plans and specifications shall be subject to approval by the Chief of Police, acting on behalf of the Landlord. Tenant warrants that the construction and maintenance of the Antenna shall be at all times in compliance with applicable municipal, county, state, and federal laws, rules, and regulations.Tenant shall also, at its own expense, keep and maintain the Antenna in commercially reasonable condition and repair during the term of this Agreement. 4.6.Licenses. Tenant shall obtain, at their own expense, all permits and licenses required to operate an Antenna from all applicable government and/or regulatory entities. 4.7.Interference. Tenant shall not use the Premises in any way that interferes with the existing use of the Premises, and specifically the communication tower, by the Landlord. If it is determined that there is identifiable interference between Tenant’s electronic equipment and the electronic equipment already in use on the communication tower, Tenant shall be solely responsible for the timely resolution of all interference concerns that are directly attributable to Tenant’s use. 5.Quiet Enjoyment. Landlord agrees that Tenant shall lawfully, peacefully, and quietly hold, occupy, and enjoy the leased Premises during the term of the lease without objection or molestation, except as provided by this Agreement. . Tenant accepts the Premises and all aspects the Premises in their 6.Condition of the Premises present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties from Landlord or any agent or representative of Landlord, expressed or implied, except for such warranties specifically set forth in this Agreement. Tenant agrees that Tenant has ascertained the condition of the Premises and its suitability for Tenant's purposes. 7.Maintenance, Repair, and Improvementsby Tenant. 7.1.Maintenance and Repair. Tenant shall, at Tenant’s expense, maintain and keep the Premises in good order, including all interior and exterior doors, replace all cracked or broken glass windows and doors of the Premises; repair all holes in the interior surface of the walls and floor of the Premises caused by Tenant’s act or omission; and repair any damage to portions of the building’s exterior caused by Tenant’s act or omission. LEASE AGREEMENT Page 4 of 10 44 7.2.Alterations. Tenant shall make no alteration, additions, or improvements to the Premises without obtaining the prior written approval of theChief of Police, acting on behalf of theLandlord. Landlord shall not unreasonably withhold such approval. 7.3.Improvements. All building repairs, alterations, additions, improvements, and fixtures (except such business trade fixtures belonging to Tenant as can be removed without damage to the Premises or building) shall belong to Landlord and remain on and be surrendered with the Premisesas part of the Premises at the expiration of the lease or any extension of it. 7.4.Signs. Tenant may place and maintain interior signs on the Premises. Any sign(s) must be of professional quality and be of reasonable size for their proposed location. The design of any new sign shall be submitted to the Chief of Police, acting on behalf of the Landlord, prior to the placement and installation for Landlord’s approval and such approval shall not be unreasonably withheld or delayed. 7.5.Backup Generator. Where Tenant is required by law to maintain a backup generator in cases of power-outage or other disaster, Tenant agrees to assist Landlord with upkeep and maintenance to the Woodburn Police Department generator. Any maintenance or repair cost for the generator incurred by Landlord will be assessed to Tenant on the basis of Tenant’s proportionate share, calculated as: Tenant’s stipulated square footage of the Premises (2,860 rentable square feet) as the numerator and the total square footage of the building as the denominator. 8.Maintenance and Repair by Landlord. 8.1.Maintenance and Repair. Landlord shall maintain the exterior walls, roof, and foundation of the building in which Premises are located and the paved parking areas, and paved street access. Landlord shall also maintain in good order and repair the heating, interior wiring, and exterior and interior plumbing and drain pipes to sewers and septic tanks. 8.2.Janitorial Services. Landlord shall furnish and pay for janitorial services and all janitorial supplies required to maintain the Premisesin a neat, clean, and sanitary condition for the operation of Tenant’s business. 8.3.Access. Tenant shall permit Landlord to use and maintain pipes, ducts, and conduits in and through the Premises, and to erect the same, provided that Tenant’s usable space is not unreasonably diminished and Tenant’s use and enjoyment of the Premises is not unreasonably interfered with and that Landlord shall repair and refinish the affected areas after each such use by Landlord causing any damage thereto. LEASE AGREEMENT Page 5 of 10 45 8.4.Right of Entry and Inspection. Landlord and Landlord’s representatives and agents shall have the right to enter the Premises at any time and without notice in case of an emergency, and otherwise at reasonable times and with reasonable advance notice to Tenant to examine the Premises and to make alterations, improvements, repairs, or additions as are required, provided Tenant’s use and enjoyment of the Premises is not unreasonably interfered with and that Landlord shall repair and refinish the affected areas. Landlord shall provide reasonable written notice of any need to conduct repairs or other work beyond normal maintenance and routine repairs. However, in the event that Tenant’s business is unreasonably interfered with, Tenant may, at its option, seek to recover through reduction, offset, deduction, or abatement of the pro rata portion of monthly rent paid for the period directly associated with the period that Tenant is unable to conduct its normal business operations. 9.Utilities. Landlord shall furnish and pay for all electricity, water, sewer, garbage, and other utility services used in the above described Premises.Landlord shall also make available internet, email, and telephone services for the Premises, however, Tenant mustpay its actual share of each of these utilitiesbased upon its assessed usage by Landlord. Landlord shall invoice Tenant separately for this utility usage base upon good faith calculations, which will be available for Tenant review. 10.Damages. Tenant shall be responsible for the direct costs of all damages to the facilities/properties associated with Tenant’s programs and activities, not including normal wear and tear. 11.Liens. Tenant shall not allow any lien of any kind, type or description to be placed or imposed upon the Premises, or any party thereof, or the real estate on which it stands. 12.Public Requirements. Tenant shall comply with all rules, regulations, ordinance codes, and laws of all governmental authorities having jurisdiction over the Premises, and hold Landlord harmless from expense or damage resulting from failure to do so. 13.Indemnification. Tenant shall release, indemnify, defend, and hold harmless Landlord and its officers, agents, and employees from and against any and all liability, claims, costs, and expenses for any and all injuries, deaths, losses or damages suffered directly or from athird- party claim arising out of or relating to any act or omission of Tenant and Tenant’s staff, agents, employees, customers, visitors, or licensees on the Premises and any of the same arising from Tenant’s maintenance of or transmission from Tenant’s antenna. 14.Insurance. Tenant shall procure and maintain in force, at its expense, during the term of this Agreement, personal property and public liability insurancefor the Premises and shall provide satisfactory evidence thereof to the Landlord. Such coverage must be adequate to protect against liability for all damage claims through public use of or arising out of accidents occurring in or around the Premises and such liability insurance must be provided LEASE AGREEMENT Page 6 of 10 46 in an amount at least equal to the liability limit for public bodies provided under the Oregon Tort Claims Act (ORS 30.260, et. seq.), as amended. 15.Damage to Property on Premises. Tenant agrees that all property of every kind and description kept, stored, or placed in or on the Premises will be at Tenant’s sole risk and hazard and that Landlord shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating in the Premises, caused by or from leaks or defects in or breakdown of plumbing, pipes, wiring, heating, or any other facility, equipment, or fixture or any other cause or act and whether or not resulting from the negligence of Landlord or anyone for whom Landlord may be responsible. 16.Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other for loss arising out of damage to or destruction of the leased Premises, or the building or improvements of which the lease Premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either Landlord or Tenant or by any of their respective agents or employees. It is the intention and agreement of Landlord and Tenant that the rent reserved by this Agreement has been fixed in contemplation that each party shall look to its respective insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved will not be entitled to subrogation under any circumstances against any party to this Agreement. Neither Landlord nor Tenant shall have any interest or claim in the other’s insurance policy or policies, or the proceeds thereof, unless specifically covered as an also-named insured. . In case the leased Premises are destroyed or damaged by fire 17.Damage by Fire or Casualty or other casualty, as to become untenantable, then in such event, at the option of Landlord, this Agreement shall terminate from the date of such damage or destruction and Tenant shall immediately surrender such Premises and all interest in the Premises to Landlord, and Tenant shall pay rent only to the time of such surrender. Landlord shall exercise such option to terminate this Agreement by notice in writing delivered to Tenant within 15-days after such damage or destruction; if said notice is not so given, Landlord conclusively shall be deemed to have elected not to repair. In case Landlord shall elect to not terminate this Agreement in such event, this Agreement will continue in full force and effect and Landlord shall repair the leased Premises with all reasonable promptness, placing the same in as good a condition as they were at the time of the damage or destruction and for that purpose may enter such Premises, and rent shall abate in proportion to the extent and duration of untenantability. In either event, Tenant shall remove all rubbish, debris, furniture, equipment, and other personal property, within 30-days after the request from Landlord. If the leased Premises shall be only slightly injured by fire or the elements, so as LEASE AGREEMENT Page 7 of 10 47 not to render the same untenantable and unfit for occupancy, then Landlord shall repair the same with all reasonable promptness, and in that case the rent shall not abate. 18.Assignment, Sublease or License. Tenant shall not assign, transfer, or encumber this lease and shall not sublease the Premises or any part of the Premises or allow any other person except agents and employees of the Tenant to occupy the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld. A consent by Landlord is not a consent for a subsequent assignment, sublease, or occupation by other persons. 19.Holding Over. Any holding over by Tenant after the expiration of the term of this lease will not be deemed to operate as a renewal or extension of this Agreement, but will only create a tenancyat-willfrom month-to-month, upon the covenants, provisions, and conditions herein contained. 20.Default by Tenant. Each of the following shall be deemed a default by Tenant and a breach of this Lease: 20.1.Nonpayment of the whole or any portion of the rent, or any other sum or sums of money due to Landlord from Tenant under the provisions of this Agreement. 20.2.Nonperformance by Tenant of any other covenant or condition contained in this Agreement on the part of the Tenant to be kept and performed. 20.3.Abandonment of the Premises by Tenant. 20.4.The adjudication of Tenant as bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, receiver or trustee in bankruptcy. Within thirty (30) days after written notice from Landlord demanding performance by Tenant with respect to any such default, Landlord may immediately terminatethis Lease and reenter upon the Premises and remove all person therefrom, and in addition or in lieu of such action, Landlord may, at its option, pursue any other remedy provided by law or in equity for the enforcement of the Landlord’s rights under the provisions of this Agreement, including collection of any amounts due and owing for future rents and other expenses, and without limitation reasonable attorney’s fees incurred by Landlord that result from enforcing provisions of this Agreement. 21.No Waiver. No waiver by either party of any breach of any of the covenants or conditions contained in this Agreement to be performed by the other party will be construed as a waiver of any succeeding breach of the same or any other covenant or condition. LEASE AGREEMENT Page 8 of 10 48 . This Agreement terminates as follows: 22.Termination 22.1.Upon nonrenewal at the end of the Initial Term or a successive term; 22.2.By mutual written consent of both parties; 22.3.Provided either party is not in default under this Agreement beyond the applicable cure period, by either party unilaterally giving at least one-hundred eighty (180) days’ prior written notice to the other party. 22.4.Per the Default provisions of Paragraph 20. 23.Surrender at End of Term. At the expiration of the term of this lease or upon earlier termination, Landlord will have the right to enter and take possession of the leased Premises, and Tenant shall deliver the same without process of law. Tenant shall also remove, at its own expense, Tenant’s Antenna and all other related equipment from the communication tower and leave it in a commercially reasonable condition. Tenant shall be liable to Landlord for any loss or damage, including attorney fees and court costs incurred, as a result of Tenant’s failure to comply with this obligation. 24.Notices. Any notice under this Agreement must be in writing and will be effective when actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Agreement or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: 24.1.Landlord. Chief of Police, City of Woodburn, 1060 Mt. Hood Avenue, Woodburn, Oregon 97071. . Director, METCOM, 1060 Mt. Hood Avenue, Woodburn, Oregon 97071. 24.2.Tenant 25.Oregon Law. This Agreement is governed by and construed in accordance with the laws of the State of Oregon, where the leased Premises are located, and venue for any legal action will be in the county where the leased Premises are located. 26.Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement, nor the application of the provisions to other persons, entities or circumstances shall be affected, but instead shall be enforced to the maximum extent permitted by law. 27.Modifications and Integration. No modification, amendment, discharge or change of this Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, amendment, LEASE AGREEMENT Page 9 of 10 49 discharge or change is sought. This document constitutes the entire, final, and complete agreement of the parties pertaining to the subject matter hereof, and supersedes and replaces all prior or existing written and oral agreements between the parties or their representatives relating to the Premises. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the last date of signature specified below. LANDLORD: CITY OF WOODBURN, an Oregon municipal corporation Scott Derickson, City Administrator Date TENANT: METCOM, an intergovernmental agency Gina Audritsh, Director Date LEASE AGREEMENT Page 10 of 10 50 51 Page 1 of 2 52 Page 2 of 2 53 Agenda Item August 8, 2016 To: Honorable Mayor and City Council through City Administrator From:Jim Hendryx, Community Development Director ject:Planning Commission Approval of a Design Review (DR 2016-02; Sub VAR 2016-04) 2851 W HayesStreet 4-plex RECOMMENDATION: No action is recommended. This item is placed before the Council for informational purposes, in compliance with the Woodburn Development Ordinance Section 4.02.02. The Council may call up this item for review if desired. BACKGROUND: Roger Midura, Kirstone Investments, LLC submitted design review and variance applications for a 4-plex at the intersection of W. Hayes and Harvard Drive. After submittal, it was determined that the variance for parking lot screeningwas not necessary and the application fee is being refunded. The Planning Commission held a public hearing on July 28, 2016 and unanimously approved DR 2016-02. The applicant gave the onlypublic input on the proposal. The property is zoned Commercial General (CG) and apartments are allowed outright in the CG zone. FINANCIAL IMPACT: This decision is anticipated to have no direct public sector financial impact. Increased development may slightly increase City revenues. Agenda Item Review:City Administrator ______City Attorney ______Finance _____ 54 ZONING MAP SHOWING THE SUBJECT PROPERTY PRELIMINARY SITEPLAN 55 TIA ARGETNDUSTRYNALYSIS CA: ANDODEMENDMENTS NS EXTTEPS August 8, 2016 R ECOMMENDATIONS Develop policies that are flexible and focus on the kinds of industries that the City wants to attract Develop an economic development strategy Build and expand partnerships PCA OLICIESANDODEMENDMENTS Code Amendments Policies Special Public Works Technical Assistance Grant C ODEAMENDMENTS Broaden list of allowed uses in the SWIR to include: Production Technology and Machinery Plastics Manufacturing Metal Product Manufacturing Food/Beverage Processing and Manufacturing Apparel Manufacturing Furniture Manufacturing Leather Goods Production/Manufacturing Wood Products Manufacturing (ƭĻĭƚƓķğƩǤ) CA ODEMENDMENTS Limit Non-Complementary Uses: Stone, clay, glass, and concrete products, including: manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand P OLICYUPDATE Master Planning requirement for annexation Current development review process Establish policies to expedite development processes Comprehensive Plan Administrative Design Review concept MASTER PLANNING REQUIREMENT Prior to Annexation SWIR & Nodal Districts Non-binding Master Plan for entire district (SWIR or Nodal districts) Utilities and infrastructure (water, sewer, storm, streets) Riparian Corridor and wetlands Parcel size Pedestrian and bicycle connections Annexation Legislative Process (Planning Commission and City Council) Public process subject to criteria and discretionary review and approval DEVELOPMENT PROCESS Quasi Judicial Decisions Subdivision/partition review Planning Commission/public notice Design review New buildings Planning Commission/public notice 120 day review process Planning Commission/City Council Conditioned to meet to all City standards EXPEDITED DEVELOPMENT REVIEW Combine development process with master planning and annexation Establishment of specific development and design standards Subsequent development subject to approved standards Expedited development review process Administrative (Type I) Quasi-administrative (Type II) Quasi-judicial (Type III) Buildings, regardless of size, subject to expedited review process Requires legislative amendments (Woodburn Comprehensive Plan and Development Ordinance) Public notice POLICY DISCUSSIONAND NEXT STEPS Workshop Meeting in September? Do you find this approach suitable? Should staff continue to pursue this approach? Do you have concerns about implementing this approach? Further efforts require Council support. SPECIAL PUBLIC WORKS FUND (SPWF) Funding request for technical assistance to hire a consultant to completed the following: Review the City Facilities Plan Develop cost estimates for infrastructure to serve the SWIR area Identify possible funding sources to complete infrastructure development EDS CONOMICEVELOPMENTTRATEGY Economic Development Advisory Committee (EDAC) Mission and Vision Statements Goals and Objectives Implementation Strategy P ARTNERSHIPS Local, Regional, State Partners Woodburn Profiles Work Force Development Programs