September 26, 2016 Agenda
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
None.
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Woodburn Chamber of Commerce1
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.Marion County Senate Bill 111 Response Plan Update13
B.Community Connection Project
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.
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.
Comuníqueseal (503) 980-2485.**
September 26, 2016Council Agenda Page i
A.Woodburn City Council minutes ofSeptember12, 2016 25
Recommended Action: Approve the minutes.
B.Crime Statistics through August 201629
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.FY 2016-2017 Supplemental Budget Request
B.Republic Service Rate Increase
–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.3015–An Ordinance Amending Ordinance 2285 (The 34
Traffic Ordinance) to Prohibit Parking in Designated Fire Lanes, to
Modify the RV Parking and Storage Provisions, to Make other Minor
Amendments, and Declaring an Emergency
Recommended Action:After deliberation the City Council can
consider the adoption of the following amendments to the Traffic
Ordinance:
(1)Prohibit the parking of vehicles in designated and marked
fire lanes on both public City streets and private right-of-
ways; and
(2)Regulate overnight parking and storage of recreational
vehicles (RVs) on City streets.
B.Council Bill No.3016–An Ordinance Making Certain Textual 58
Amendmentsto the Woodburn Development Ordinance Regarding
Nodal Overlay Districts and Accessory Structures (Fence and Wall
Standards)
Recommended Action:It is recommended that the City Council
adopt the attached ordinance making textual amendments to the
Woodburn Development Ordinance regarding Nodal Overlay
Districts and Accessory Structures (fence and wall standards).
C.Council Bill No. 3017–An Ordinance Annexing 2.17 Acres of Property 81
Located at 1385 Cooley Road and the Adjacent Cooley Road Right-
September 26, 2016Council Agenda Page ii
Of-Way into the City of Woodburn and Designating the Property as
City of Woodburn Residential Single-Family (RS)
Recommended Action:It is recommended that the City Council
adopt the attached ordinance granting application ANX 2016-02,
with findings and conclusions, and annexing the subjectreal
property and adjacent right-of-way to the City of Woodburn.
D.Council Bill No. 3018An Ordinance Providing for Additional Public 90
Input on the ParksandRecreation System Development Charges and
Amending Ordinance 2250, Ordinance 2536 and Resolution 2085 to
Provide for New Effective Dates
Recommended Action:It is recommended that the City Council
adopt attached Ordinance 2540extending the effective date of
Ordinances 2250, 2535 and Resolution 2085 to allow for additional
public input on the pending increase in Parks & Recreation System
Development Charges.
E.Council Bill No. 3019–A Resolution Approving Transfers of FY 2016-94
2017 Appropriations and Approving a Supplemental Budget
Recommended Action:Hold a public hearing and adopt the
attached resolution approving a supplemental budget for fiscal
year 2016-2017 for the funds and departments listed on Exhibit A.
F.Council Bill No. 3020-A Resolution Approving an Adjusted Rate 99
Schedule for Providing Solid Waste Service within the City of
Woodburn and Repealing Resolution 2049
Recommended Action:It is recommended the City Council conduct
a public hearing pursuant to Woodburn Ordinance 2460 (Solid Waste
Management Ordinance) to examine and consider the revised rate
schedule and corresponding request for a rate increase proposed by
United Disposal Service, Inc. dba Republic Services of Marion County-
Woodburn (Republic Services). Staff has prepared a proposed
resolution authorizing rate increases of 10.2% for residential, 15.6% for
commercial, and 11.2% for industrial customers, effective November
1, 2016.
G.Acceptance of a Public Utility Easement at 2851 W. Hayes Street, 160
Woodburn, OR 97071 (Tax Lot 052W12C01203)
Recommended ActionThat the City Council accept the Public Utility
:
Easement located at 2851 W. Hayes Street, granted by Kirkstone
Investments LLC.
H.Centennial Park Splash Pad Grant Agreement165
Recommended Action:Authorize the City Administrator to enter into
the enclosed Local Government Grant Agreement with the Oregon
Parks and Recreation Department. The $121,752 grant was awarded
September 26, 2016Council Agenda Page iii
for the Centennial Park Splash Pad Project.
I.Special Public Works Fund (SPWF) , Technical Assistance Grant: SWIR 188
Infrastructure Planning Project
Recommended Action:Accept the Special Public Works Technical
Assistance grant funds of $60,000 for the SWIR Infrastructure Planning
Area Project and authorize staff to move forward with project
implementation.
–
These are
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USEACTIONS
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To review and evaluate, pursuant to standards, criteria and
policy directives adopted by the governing body, the
employment-related performance of the chief executive
officer of any public body, a public officer, employee or staff
member unless the person whose performance is being
reviewed and evaluated requests an open hearing pursuant to
ORS 192.660 (2)(i).
16.ADJOURNMENT
September 26, 2016Council Agenda Page iv
Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
Stuart Rodgers, Woodburn Area Chamber of Commerce Executive
Director
SUBJECT:
Tourism Development Plan Update
:
BACKGROUND
In February, 2016 City and Chamber staff presented the Woodburn Tourism
Development Plan to the City Council for feedback and consensus. Since that
time, the Chamber has hired a new Executive Director, Stuart Rodgers. Since
starting at the Chamber, staff has been working with Mr. Rodgersreviewing the
Tourism Plan and together updating and refining in order to move it forward.
DISCUSSION:
Incorporating feedback from the new Chamber of Commerce Executive
Director, we are presenting an updated Tourism Development Plan and providing
an update on progress made to date.
RECOMMENDATION
City Council support of the updated Tourism Development Plan.
FINANCIAL IMPACT:
City commitment of Transient Occupancy Taxat $50,000 per year for three (3)
years.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
1
Woodburn City Council Meeting
September 26, 2016
Woodburn Area Chamber of Commerce
Update
City of Woodburn
Woodburn
Tourism Plan
2
Brings Special Events to Woodburn
Contributes to the Quality of Life
WHY IS TOURISM IMPORTANT TO
Promotes the Community
Community Pride
WOODBURN?
3
Woodburn
Downtown
Woodburn
Jobs
Revenues
to
Vital
Business
Sustains
in
a
$
to
pend
Tax
Contributes
and
New
Generates
S
Creates
Visitors
Brings
TO DEVELOP A COLLABORATIVE
TOURISM DEVELOPMENT
WOODBURN TOURISM
PLAN FOR THE WOODBURN AREA.
DEVELOPMENT PLAN
4
YEAR
:
-
THREE
GOAL
Develop Implementation and Marketing Strategies
Develop Tourism Vision, Goals, and Objectives
TOURISM GOALS
Inventory and Evaluate Tourism Assets
5
Establish a Tourism Taskforce
Materials
Analyze Challenges/Barriers
Visitor Demographic Profile
Marketing
Create
Tourism Climate Report and Visitor Profile:
Lead in marketing and branding efforts
Conduct survey and interact with
Participation and collaboration
Tourism Goals, Objectives and
utreach and interaction
CITY AND CHAMBER ROLES
Inventory and Outreach:
Promote Taskforce
Branding:
Tourism Taskforce:
Implementation:
:
OLE
visitors
Marketing
R
HAMBER
O
ooooo
C
6
Tourism Climate Report and Visitor Profile:
Analyze data and compile report
Participation and collaboration
Support Chamber
Develop tools and resources
Tourism Goals, Objectives and
Develop Taskforce criteria
Inventory and Outreach:
Branding:
Tourism Taskforce:
Implementation:
City Role
:
Marketing
OLE
R
ITY
ooooo
C
ourism Assets
Activity Outreach and Profile
Stakeholders
NEXT STEPS
Survey
T
xisting
and
Establish a Tourism Taskforce
Climate
Tourism Partners
E
7
Evaluate
Conduct Tourism
Compile Visitor
Inventory and
Identify
Year 1:
ooooo
Objectives
NEXT STEPS
Strategies
Develop Marketing Strategies
Goals and
Create Implementation
8
Develop Tourism
Branding
Year II:
ooo
Collaborate with partners on projects and programs as
Implement Tourism Development Plan and projects
NEXT STEPS
9
that result from the Plan
they arise
Going:
Year III:
-
On
oo
PROJECT CONCEPTS FROM PLAN
pplication
10
alendar
ignage
A
Tourism Website with Mobile
C
S
Gateway and Directional
wide Events
ools
T
Informational Kiosks
Updated Marketing
Tourism Signage
-
Community
11
12
13
14
15
16
17
18
19
20
21
22
23
24
COUNCIL MEETING MINUTES
SEPTEMBER 12, 2016
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
SEPTEMBER 12,2016
MARION, STATE OF OREGON,
CONVENED
The meeting convened at 7:03 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Carney Present
Councilor Lonergan Present
Councilor Schaub Absent
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, Economic Development Director
Johnk,Police Chief Ferraris, Public Works Director Scott,Assistant City Attorney Granum,
Community Relations Manager Gutierrez-Gomez,Communications Coordinator Horton, City
Recorder Pierson
PROCLAMATIONS
0:00
Hispanic Heritage Month
PRESENTATION
0:05
Youth Advisory Board –Mayor Figleypresented the Youth Advisory Board withacheck in the
amount of $1,000 to go to their scholarship program.
COMMUNICATIONS
0:09
Mayor Figley announced that she received an email from the American Association of State
Highway and Transportation Officials and that the I-5 Woodburn Interchange project is a finalist
in the top 12 projects for their America’s Transportation Award. She added that voting can be done
at www.americastransportationawards.org.
BUSINESS FROM THE PUBLIC
0:14
Bill Christiansen,1263 Bernard St., a member of Henry Farm HOA, stated that he would like the
City to reconsider the barbwire that they placed around the water facility and perhaps have guard
dogs outside instead. He stated that he would like his neighborhood to continue to have a parklike
setting.
Jerry Erdt, 1266 Woodland Ave, stated that he would like to see a Trader Joe’s store go into the
old Chevy lot and added that he would like to see more pressure on the developer to try and get
Trader Joe’s to Woodburn.
Steve Rippeteau, 562 Prairie St,stated that he owns a small RV and parks it on a pad on his
property. He added that a problem he sees is a lack of planning for parking by developers. He asks
25
COUNCIL MEETING MINUTES
SEPTEMBER 12, 2016
that the City Council not only be considerate of the homeless people but the taxpayers as well
when considering the amendments to the traffic ordinance.
CONSENT AGENDA
0:23
Woodburn City Council minutes ofAugust 8, 2016,
A.
Woodburn Special City Council minutes ofAugust 17, 2016,
B.
Woodburn Special City Council minutes ofAugust 31, 2016,
C.
Woodburn Planning Commission minutes of July 28, 2016,
D.
Building Activity throughAugust 2016.
E.
Lonergan/Ellsworth
... adopt the Consent Agenda. The motion passed unanimously.
PUBLIC HEARINGS
0:24
A.Annexation -1385 Cooley Road (ANX 2016-02) Alexsey Bodunov
A Public Hearing to consider input on 1385 Cooley Road (ANX 2016-02) Alexsey
Bodunov. Mayor Figley declared the hearing open at 7:28p.m. for the purpose of hearing
public input on 1385 Cooley Road (ANX 2016-02) Alexsey Bodunov. Mayor Figley
stated for the record that she drives by the property at least once a week and is prepared
to approach this with an open mind. Councilor Lonergan stated that he is familiar with
the area and can make a decision with an open mind as well. Economic and Development
Director Hendryxprovided a presentation. 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 1385 Cooley Road (ANX 2016-02) Alexsey Bodunov. Mayor
Figley declared the hearing closed at 7:41p.m. Councilor Lonergan stated that he is in
favor of this. Councilor Alonso Leon concurred. Councilor Carney stated that this looked
Lonergan/Alonso Leon
good to him. … instruct staff to go forward with the annexation
of 1385 Cooley Road.The motion passed unanimously.
BLegislative Amendment LA 2016-01
A Public Hearing to consider input on Legislative Amendment LA 2016-01. Mayor
Figley declared the hearingopen at 7:42p.m. for the purpose of hearing public input on
Legislative Amendment LA 2016-01. Economic and Development Director Hendryx
provided a presentation. Mayor Figley asked if anyone from the public would like to
speak on this subject. Dennis Ortega, 408 Turnberry Ave, stated that he is in favor of the
changes to the fence code. Mayor Figley asked if anyone wished to speak in opposition
of the proposal. No members of the public wished to speak in opposition to Legislative
Lonergan/Morris
Amendment LA 2016-01. …instruct staff to prepare an ordinance
amendment for LA 2016-01 and present it to us at our next meeting. The motion passed
Lonergan/Ellsworth
unanimously. …direct staff to notice a new public hearing before
Council on October 10, 2016 and consider that portion of LA 2016-01 on scrivener’s
errors. The motion passed unanimously.
C.Public Hearing to Consider Adopting an Updated Parks SDC Methodology
A Public Hearing to consider input on Updated Parks SDC Methodology. Mayor Figley
declared the hearing open at 8:03 p.m. for the purpose of hearing public input on Updated
Parks SDC Methodology. Assistant City Administrator Row provided a staff report.
26
COUNCIL MEETING MINUTES
SEPTEMBER 12, 2016
Deborah Ghalardia with Galardi Rothstein Group,provided a presentation on the updated
Methodology. Mayor Figley declared the hearing closed at 8:14 p.m.
COUNCIL BILL NO. 3013 - AN ORDINANCE AMENDING AND REPEALING
1:10
SECTIONS OF ORDINANCE 2250 (THE PARKS ANDRECREATION SYSTEM
DEVELOPMENT CHARGES ORDINANCE) BASED UPON A METHODOLOGY
REPORT DATED JULY 11, 2016 AND SETTING AN EFFECTIVE DATE
Lonergan
Introduced Council Bill No. 3013. Recorder Pierson read the bill twice 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. 3013 duly passed.
COUNCIL BILL NO. 3014 –A RESOLUTION SETTING THE AMOUNT OF THE
1:12
PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGES PURSUANT TO A
RECENTLY UPDATED PARKS AND RECREATION SYSTEM DEVELOPMENT
CHARGES METHODOLOGY; ESTABLISHING AN ALTERNATIVE RATE REVIEW
FEE; AND SETTING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES AND
CHARGES
Lonergan
Introduced Council Bill No. 3014. 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. 3014 duly passed.
REVISED TRAFFIC ORDINANCE DISCUSSION
1:15
Assistant City Attorney Granum provided a staff report. Councilor Carney stated that he is in
favor of the revisions but suggested changing it to 36 hours to load an RV and 3 days to be off of
a city street. Councilor Ellsworth stated that 48 hours makessense to her. Jerry Erdt, 1266
Woodland Ave, stated that he is in favor of allowing RV’s three days to park on the street.
Steve Rippeteau, 562 Prairie St, stated that he has a 17’ Chevy van and that the Council may want
to consider that there are a wide variety of RV’s out there. He added that he uses his RV for short
trips to Portland and they will find that other people do as well. There was a consensus of the
Council on the revisions and for staff to get public input before adopting the proposed ordinance
revisions. The City Administrator stated that they will bring back the ordinance to the next meeting
regarding the access to fire lanes with an emergency clause and based on public outreach on RV
parking they will implement that as well.
PLANNING COMMISSION APPROVAL OF A VARIANCE FOR REMOVING
1:49
BALCONIES AT WOOD PARK TERRACE APARTMENTS, LOCATED AT 1025 PARK
AVENUE (VAR 2016-05)
Council declined to call this item up for review.
CITY ADMINISTRATOR’S REPORT
City Administrator Derickson invited Community Relations Manager Gutierrez-Gomez to come
up to extend an invitation to the Council and the community to the Hispanic Heritage Month -
th
Woodburn Community Celebration on Saturday, September 17at the Downtown Plaza from
11:00 a.m. to 10:00 p.m.
MAYOR AND COUNCIL REPORT
1:52
27
COUNCIL MEETING MINUTES
SEPTEMBER 12, 2016
Councilor Ellsworthstated that she looks forward to attending the Woodburn Hispanic Heritage
Month celebration and added that she will also be attending the Hispanic Heritage breakfast in
Salem.
Mayor Figleystated that she will also be at the Woodburn Hispanic Heritage Community
Celebration. She added that she was part of a discussion in Donald regarding congestion across
the Boone Bridge and using rural roads and that we should support our neighbors when these type
of issues come up.
Councilor Lonergan asked if someone could get into contact with Mr.Christiansen regarding his
concerns at the water plant. He also wanted to make a formal request to Marion County to take
care of the unsightly house on Parr Rd.
Councilor Carney stated that the legislative work group the Mayor appointed him to will meet for
the fourth time on Tuesday of next week and added that the work group isdealing with youth
employment.
Councilor Alonso Leon thankedthe Mayor for allowing her to read the Hispanic Heritage
Proclamation in Spanish and added that she has been asked to speak alongside the governor on
Hispanic Heritage Month.
ADJOURNMENT
Morris/Ellsworth
... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:02 p.m.
APPROVED ___________________________
KATHRYN FIGLEY, MAYOR
ATTEST_________________________
Heather Pierson, City Recorder
City of Woodburn, Oregon
28
9/20/2016
10273112
17
00100002
3
60021030
12
00000100
1
976111111918
82
10000000
1
00000002
2
00020000
2
20111000
5
52100101
10
00000100
1
41111125
16
00002000
2
02213645
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00000001
1
00000001
1
33634362
30
01000000
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31533152
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51000000
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10100100
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00202402
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1
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1
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284
00110000
2
00010000
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01100001
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00113321
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31234253
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00020000
2
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14
50112024
15
2213105310
36
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1
01010000
2
40121202
12
30012311
11
10030002
6
10000100
2
00001000
1
10220001
6
00010000
1
00210000
3
1 2
29
9/20/2016
01010000
2
00110000
2
00000100
1
00100200
3
01000110
3
01020200
5
00100100
2
00010000
1
01100003
5
00001000
1
00001000
1
12337632
27
114741112153
67
7991132616
63
21412737
27
00112000
4
11045132
17
00201012
6
11130101
8
03000100
4
01100001
3
10010000
2
1401081441441561411631931189
2061571551871662492001391459
1391201271261461711793161324
Arrests / Year
1600
1400
1200
1000
800
1,459
1,324
1,189
600
400
200
0
201420152016
Year
2 2
30
9/20/2016
24344134
25
00101102
5
60022040
14
00211101
6
119111417151324
114
21000000
3
32122112
14
10030004
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62548226
35
00100000
1
52100012
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23669751010
76
00000100
1
02213222
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10000001
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00000001
1
33634372
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01000001
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2132081182014
96
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1
31533352
25
64030104
18
10000000
1
10100100
3
00000100
1
01220011
7
00010100
2
02312100
9
134061014
29
54225549
36
22226311
19
01000110
3
00100000
1
00100000
1
2632312635254039
254
00110000
2
00010001
2
01101214
10
18818159181012
108
259711744
49
73437485
41
00110000
2
02222001
9
81199711129
76
108868785
60
000000313
16
231312939
42
00000100
1
32331244
22
00021011
5
51231205
19
12031111
10
30000110
5
20000000
2
31
1 2
9/20/2016
00011111
5
13333231
19
00001000
1
01001000
2
23021222
14
00000100
1
10003001
5
00300100
4
10000200
3
21100000
4
01110200
5
01000101
3
01000200
3
03112101
9
44484317
35
31010000
5
121117526345
83
10001102
5
1714111615191313
118
00200000
2
11000200
4
1410171322182211
127
1112241411101220
114
31329948
39
8414524014
60
2420293746235724
260
13213243
19
11120101
7
03000100
4
11100011
5
11010000
3
3002513172743632733113282417
3572702713092903593272792462
2802632552723162773323192314
Offenses / Year
2800
2400
2000
1600
2,462
2,417
2,314
1200
800
400
0
201420152016
YEAR
32
2 2
9/20/2016
3738455242736360
410
01001010
3
3343261225181615
188
956131914258
99
11040145
16
5485744458756980
539
0010112453010
198
1341731521252572262081781453
1361361541382631971851571366
1161221891933421931771841516
Ordinance Violations / Code Enforcement Officers
1400
1200
1000
800
1,269
1,212
600
1,140
400
200
0
201420152016
COMBINED TOTAL - CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
1600
1400
1200
1000
800
1,516
1,453
1,366
600
400
200
0
201420152016
YEAR TOTALS FOR ALL OFFICERS
1
33
Agenda Item
September 26, 2016
TO:Mayor and City Council
FROM:Scott Derickson,City Administrator
SUBJECT:
An Ordinance Amending Ordinance 2285 (the Traffic Ordinance) as
part of the Ordinance Review/Revision Project Initiated by City
Council.
RECOMMENDATION:
After deliberationthe City Council can consider the adoption of the following
amendments to the Traffic Ordinance:
(1)Prohibit the parking of vehicles in designated and marked fire lanes
on both public City streets and private right-of-ways; and
(2)Regulate overnight parking and storage of recreational vehicles
(RVs) on City streets.
An emergency clause was added to this ordinance because of the importance
of the fire lane amendment to public safety.
BACKGROUND:
A proposed amendment to theCity’sTraffic Ordinance first camebefore the
Council at the August 8, 2016, meeting for an in-depth discussion. It was brought
back to the Council onSeptember 12, 2016, for further discussion(see the
attached September 12, 2016, staff report).
DISCUSSION:
Following the September 12Council meeting, staff presented the most current
th
version of the ordinance, which is again before the Council tonight. During the
September 2016 Council meeting, the City Council asked that staff use the weekly
E-blast to inform the community of the proposed traffic ordinance changes and
ask for communityfeedback. As of the time of this Agenda Item the City had not
received additional feedback. Staff will bring copies of anycommunity feedback
to the Council meeting.
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance ___x__
34
Mayor and City Council
September 26, 2016
Page 2
FINANCIAL IMPACT:
None.
35
Agenda Item
September 12, 2016
TO:Mayor and City Council through City Administrator
FROM:N.RobertShields, City Attorney
Jim Hendryx, Economic & Development Services Director
James C. Ferraris, Chief of Police
SUBJECT:Revised Traffic Ordinance Discussion
RECOMMENDATION:
After the City Council considers the Revised Ordinance regulating the overnight
parking and storage of recreational vehicles(RVs)on City streets and the parking
of any vehicles in designated and marked fire lanes on both public City streets
and private right-of-ways, the City Council could:
1.Direct staff to undertake a community outreach and information
campaign designed to take public feedback on the proposed revisions
and raise awareness about the issue per the Public Outreach Plan
contained within this Agenda item.
2.Adopt the revised Ordinance as submitted.
3.If there is no consensus on the revised provisions, provide further direction
on how to proceed with the proposed Ordinance as the Council deems
appropriate.
BACKGROUND:
Proposed amendments to the Traffic Ordinance were first brought before the
Council at the August 8, 2016, meeting as part of the Ordinance Review/Revision
Project. Draft modifications were proposed on the basis of two primary issues:
-Fire Lane parking enforcement; and
-RV parking/storage on City streets.
Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___
36
Mayor and City Council
September 12, 2016
Page 2
th
During the August 8meeting, a consensus by the Council was reached on the
matter of new enforcement provisions for fire lane parking violations. That portion
of the proposed ordinance amendment remains unchanged.
Most of the Council discussion, however, was centered on RV parkingand
storage. Councilors expressed differing points of view as to how to best address
the issues relatedto this topic. After an extensive Council discussion, it was agreed
that a Revised Ordinance (attached) would be prepared.
DISCUSSION:
In preparing theRevised Ordinance, the comments and concerns expressed by
Council membersat the August 8th meetingwere reviewed and considered.
Additionally, various city ordinances from around the stateand home owner
association rules that address RVs were considered.
Proposed changes to Section 16 and 17 of the ordinance regulating RV parking,
so as to respond to many of the comments and concerns Council raised at the
August 8 th meeting, have been outlined below:
-Comment/Concern:The concern thatthe 1-day out of 7-day parking
regulationwould beunreasonable and/or overly restrictive to those who
require more than 1-day or evening to pack their RV and/or desire to return
and unload their RV within that 7-day window. Additionally, the concern
overthe 10-day out of 1-year parking regulation would be unreasonable
and/or overly restrictive to those who more regularly use their RV and
require the overnight parking to prepare or unload from trips on a more
frequent basis.
Proposed Revision:Change toa simple 48-hour restriction that has no
limitations on number of days per week or yearthat an RV can be
parked on City Streets. This change would still requiremovement of
the RV off city streets on a more stringenttimeline than the 72-hours
allowed for regular motor vehiclescutting down on the
consecutive days an RV may be parked,but it also allows a family
to an unlimited number of trips they could take.
-Comment/Concern:A desire to really formulatean ordinance that has the
purpose and effect ofgetting at those who are currently abusing the RV
storage ordinance, while not penalizing the individual or family that is trying
to follow the rules.
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Mayor and City Council
September 12, 2016
Page 3
Proposed Revision:Adding language that the parking of an RV on
City streets for any 48-hour period is for the purpose of loading,
unloading, or otherwise preparing the RV for use and that using the
street for storage is not allowed.
-Comment/Concern:Having an ordinance that puts an onus on the RV
owner to either beactively using his or her RV for going out on trips or finding
alternative off-street storage for the RV.
Proposed Revision: Placing emphasis on the definition within Section
17 of what constitutes movement of the RV that has been
differentiated from the definitionof "movement"for regular motor
vehicles. For RVs, the proposed revision requires that the RV is actually
moved off of the city street, not just the block where it was parked.
-Comment/Concern:Location restrictions in the proposed ordinancefor
where an RV can park were inconsistent and/or problematic for
homeowners who live on corner lots.
Proposed Revision:Rephrasing the proposal to include that parked
RVs must merely be located adjacent to the home of the owner (or
if it is a guest, the home where they are visiting). Parking can then
occur on either frontage of a corner or through-lot, but still must be
in close proximity to the home.
-Comment/Concern:That the following part of the ordinance language
should stand alone so as to emphasize its importance: Failure to move a
\[vehicle within the regulated time\] constitutes prima facie evidence of
violation of the section.
Proposed Revision:Change was made to move this language from
Section 16 alone, to be added to Section 17 that regulates the
calculation of storage time for both Section 15 and 16. Thislanguage
was then put into its own subsection so as to emphasize its
importance in how the parking restrictions are enforced.
-Comment/Concern:That the ordinance could or should include restrictions
that deter individuals from sleeping in RVs while they are parked on City
streets.
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Mayor and City Council
September 12, 2016
Page 4
Proposed Revision: Adding a restriction that human occupancy of
RVs is not permitted while the vehicle is parked on City streets during
any allowable time period.
-Comment/Concern:That regular motor vehicles still have a safe means to
navigate through city streets and not be obstructedby RVs, which
instigates many of the calls received by code enforcement about this issue.
Proposed Revision: Adding language that states that regardless of
whether somebodymeets all of the other criteria for parking their RV
on the street, their RV must still be parked in a manner thatdoes not
interfere with traffic or create a hazard by obstructing the view of
drivers.
PROPOSED PUBLIC OUTREACH PLAN
At the direction of the City Council, the City will engage in the following public
outreach effort to take public feedback on the proposed traffic ordinance
amendments by highlighting the issueper the following:
1)Staff will draft a series of articles to be pushed to the community via the
Citys Weekly E-Blast including an email address for citizens to submit any
comments they may have regarding the proposed amendments
electronically.
2)The City will take out a paid advertisement in the Woodburn Independent
highlighting the issue of illegal parking and the proposed amendments
being considered bytheCity Council.
3)The City will also send direct notifications to the Citys various home owner
and neighborhood associations informing them of the proposed revisions
and asking for input.
4)The City will schedule a Parking Ordinance Open House at the Woodburn
Police Departments Community Roomwhere the issue will be presented
and public feedback taken.
Once the City has completed this effort, all feedback and the proposed parking
ordinance amendments will come back to the City Council for final
consideration.
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Mayor and City Council
September 12, 2016
Page 5
FINANCIAL IMPACT:
None.
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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:
Section 1.Short Title.This ordinance may be cited as the “City of Woodburn
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)Bus stop. A space on the edge of a roadway designated by sign for
use by buses loading or unloading passengers.
(b)Chief of Police. The Chief of Police of the City of Woodburn or
designee.
(c)City. The City of Woodburn.
(b)City Administrator. The City Administrator of the City of Woodburn or
designee.
(d)Council. The City Council of the City of Woodburn.
(e)Emergency. A situation where an unforeseen combination of
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)Holiday. New Year's Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and any other day proclaimed by the Council to be a
holiday.
(g)Loading zone. A space on the edge of a roadway designated by
sign forthe purpose of loading or unloading passengers or materials during specified
hours of specified days.
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(h)Parade. Any march, demonstration, procession or motorcade
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)Person. A natural person, firm, partnership, association, or
corporation, company or organization of any kind.
(j)Street. Any place or way set aside or open to the general publicfor
purposes of vehicular traffic.
(k)Traffic lane. That area of the highway used for or designated forthe
movement of a single line of traffic.
(l)Truck. A “motortruck” vehicle as defined by ORS 801.355that is
vehicledesigned and used primarily for drawingother vehicles, such as truck trailers, or
Commented \[MHG1\]:
Proposed change to align the
for carrying loads other than passengers, andsubject to state licensing for ten thousand
defined term w/ the ORS chapter 801 definition of Motor
Truck for better precision.
(10,000) pounds or more gross vehicle weight.
(m)Truck Trailer. Any trailer designed and used primarily for carrying
loads other than passengers whether designed as a balance trailer, pole trailer,
semitraileror self-supportingtrailer.
Administration
Section 3.Powers of the Council.Subject to state law, the Council constitutes
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.
Section 4.Duties of the City Administrator. The City Administrator shall
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.
Section 4A.Duties of Chief of Police.In addition to any other duties provided
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.)
Section 5.Public Danger.Under conditions constituting a danger to thepublic,
the City Administrator may install temporary traffic control devices which aredetermined
to be necessary.
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Section 6.Standards. The regulations of the Mayor and City Council or its
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.
Section 7. Authority to Enforce Ordinance. Police officers as defined by ORS
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.
Commented \[MHG2\]:
Authority language for
enforcement on private streets where designated by the
ordinance, which is only “Fire Lanes” at this point in time.
Section 7A.Right of Entry.When necessary to investigate a suspected violation
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.
Commented \[MHG3\]:
This “Right of Entry” language is
similar in scope to what we include in the code enforcement
section for nuisance properties. It curtails some of the
Section 8. Alteration of Traffic Control Devices Prohibited.No unauthorized
authority to act on private property to what is lawful under
person shall install, move, remove, alter the positionof, or deface or tamper with a traffic
Oregon/Federal law, while still providing an appropriate
control device.
means by which enforcement can take action under this
ordinance.
Section 9.
Presumption that Traffic Control Device was Lawfully Authorized and
Installed.A traffic control device is presumed to be lawfully authorized and installed
unless the contrary is established by competent evidence.
General Regulations
Section 10.Crossing Private Property. No operator of a vehicle shall proceed
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.
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(2) No person shall board or alight from a vehicle while the vehicle is inmotion
upon a street.
Section 12. Prohibited Devices. No person shall use the streets for traveling on
skis, toboggans, sleds, skates, skateboards roller blades or other similar devices.
Section 13. Removing Glass and Debris. A party to a vehicle accident or a
person causing broken glass or other debristo be deposited upon a street shall remove
the glass and other debris from the street.
Section 14. Obstructing Streets.No unauthorized person shall obstruct the free
movement of motor vehicles or pedestrians using the streets.
Section 15. Storage of Vehicles on Streets. No person shall store or permit to be
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 facie evidence of storage of a vehicle.
Section 16. Storage and Parking Trucks, Trailers, Boats, Campers, Car Units and
Other Vehicles.
Commented \[MHG4\]:
Additional locations added to the
scope of this provision for consistency with the Oregon Fire
(1) No person shall park a truck,or truck trailer upon any street, alley, avenue
Code.
or public way in any residential area of the City adjacent to any residence, apartment,
Commented \[MHG5\]:
Delineating from the start that the
hotel, care facility, church, school, hospital, multiple dwelling, park or playground in any
use of public streets for the storage of RVs is generally
area of the City.The provisions of this section shall not be deemed to prohibit the lawful
prohibited. This change emphasizes the general purpose of
parking of such equipment upon any street, avenue or public way in theCity for the
the overall regulation and tracks consistently with the
actual loading or unloading of goods or to make repairs necessitated by an emergency.language from Section 15 above.
Commented \[MHG6\]:
Scope of terms for this provision
revised to align w/ ORS chapter 801 defined terms.
(2) No person shall store or permit to be stored on a street or otherpublic
property,without permission of the city, park a bus or vacation house trailer, motor
Commented \[MHG7\]:
Revised limitation to a simpler 48-
hour calculation of parking time being allowed with the
home, recreational vehicle, travel trailer, camper, boat and/orboat trailer, whether
added criteria of subsection (a) – (d) below.
attended or unattended., motor home, tent trailer, utility trailer, or any motorized or
Commented \[MHG8\]:
Emphasizing again that RV parking
unmotorized vehicleon any street or on any avenue or public way within the City for
on the city street cannot be for mere storage, and will be
longer than 72 hours. A bus, motorhome, recreational vehicle, travel trailer, camper,
limited to the scope of loading/unloading/prep of the RV for
usage.
boat and/or boat trailermay be parked on a street for a period of not more than forty-
Commented \[MHG9\]:
Location restriction for RV parking
eight (48) hours if it meets the criterialisted below:
is rephrased to “adjacent to property,” so that residents on
corner or through lots can have more flexibility for where
(a) It is parked for the purpose of loading, unloading, or otherwise being
they may park their RV; while the provision still maintains
the purpose of restricting non-residents from parking their
prepared for use;
RVs on City streets or from residents parking their RVs on
City streets that are not in proximity to where they actually
(b) It is owned by the resident or guest of the resident of the property it is
reside.
parked adjacent to;
Commented \[MHG10\]:
Added provision that includes a
restriction against human occupancy of an RV while it is
(c) It is not being used for human occupancy while parked on the street;
parked on City Streets. While not by itself an anti-camping
ordinance, this added section may be a helpful tool in
and
addressing any future instances of people living in RVs on
City Streets.
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(d) It is parked in a manner thatdoes not interfere with traffic or create a
hazard by obstructing the view of other drivers.Commented \[MHG11\]:
Added provision to address
potential safety concerns and visibility issues for other
drivers on City streets.
Section 17. Calculation of Time of Storage.
(1)Failure to move a vehicle regulated by Section 15 and 16 of this Ordinance
after expiration of any of the time periods set forth constitutes prima facie evidence of
violation of that Section.
Commented \[MHG12\]:
Changed to make this section of
the provision stand alone so as to emphasize its importance
in how time under this ordinance for storage is calculated.
(2)For purposes of Section 15 of this Ordinance, “move” meansWhen
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.
(3)For purposes of Section 16 of this Ordinance, “move” means removingthe
bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer off
the City’s streetsor other public propertybefore it is returned.
Commented \[MHG13\]:
These revisions are included to
distinguish how “movement” of a vehicle will differ in
calculating the time of storage based on the vehicle type
Parking Regulations
and the Section on Storage (either 15 or 16) that applies.
The difference being highlighted is that regular vehicles just
Section 18. Method of Parking.
have to “leave the block” vs. RVs have to be “removed off
the City’s streets” before returning.
(1) Where parking space markings are placed on a 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.
Section 19. Prohibited Parking or Standing. In addition to the state motorvehicle
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.
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(b) Repairing or servicing the vehicle, except to make repairsnecessitated
by an emergency.
(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 ofthe 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.
Commented \[MHG14\]:
New prohibition against parking
in designated “Fire Lanes,” whether marked on public or
private property.
Section 20. Affirmative Defense of Emergency Repairs.Under 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.
Section 21. Use of Loading Zone. No person shall stand or park a vehicle forany
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.
Section 22. Unattended Vehicles. Whenevera police officer finds a motor
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.
Section 23. Standing or Parking of Buses. The operator of a bus shall not standor
park the vehicle upon a street in a business district at a place other than a bus stop,
except that this provision shall notprevent the operator from temporarily stopping the
bus outside a traffic lane while loading or unloading passengers.
Section 24. Restricted Use of Bus Stops. No person shall stand or park a vehicle
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.
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Section 25.Extension of Parking Time.Where maximum parking time limits are
designated by sign, movement of a vehicle in a block shall not extend the time limits for
parking.
Section 26. Exemption. The provisions of this ordinance regulating the parkingor
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
Section 27. Authority Over Abandoned Vehicles within City.City police officers
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.
Section 28. Abandoned Vehicle Procedure.All abandoned vehicles shall be
processed under the provisions of state law.
Bicycles
Section 29. Bicycle Operating Rules.In addition to observing all other
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.
Section 30. Licensing. The owner or lawful possessor of a bicycle may obtain a
license in the following manner:
(1) The police department shall issue licenses and 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.
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Section 31. Impounding of Bicycles.
(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
Section 32. Right Angles. A pedestrian shall cross a street at a right angle,unless
crossing within a crosswalk.
Section 33. Use of Available Crosswalk.No pedestrian shall cross a street other
than within a crosswalk in blocks with marked crosswalks or if within 150 feet of a marked
crosswalk.
Section 34. Skates, Skateboards, and Roller blades.No person shall use skates,
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.
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(4) No person shall unreasonably interfere with a funeral procession.
(5) No person shall operate a vehicle which is not a part of the procession
between the vehiclesof a funeral procession.
Parades
Section 36.Permit Required.No person shall engage in or conduct anyparade
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 prior to 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
permitmust 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 the parade 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.
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(h) The estimated number of spectators.
(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 38.Standards 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 the parade 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.
Section 39. Denial of Permit.If the Chief of Police denies the permit basedupon
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.
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Section 40. Alternative Permit.
(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 Chiefof 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 five days
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 oranimal 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.
Section 44. Prohibited Conduct.The following prohibitions shall apply to all
parades:
ON. 2285 P 11
RDINANCE OAGE
51
T
WOC
OODBURN RDINANCE OMPILATIONRAFFIC
(1) It shall be unlawful for any person to stage, present, or conduct anyparade
without first having obtained a permit as herein provided;
(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 responsible for the
conduct of, a duly licensed parade to knowingly fail to comply with any condition of the
parade permit;
Section 45. Permit Revocable.The City Administrator may revoke aparadepermit
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 routedesignated 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
Section 46. Citation on Illegally Parked Vehicle. Whenever a vehicle withoutan
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.
Section 47. Owner Responsibility.The owner of a vehicle placed in violation ofa
parking restriction shall be responsible for the offense, except when the use of thevehicle
was secured by the operator without the owner's consent.
Section 48. Registered Owner Presumption. In a prosecution of a vehicleowner
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
Section 49. Authority to Impound Improperly Parked Vehicles.When any
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
ON. 2285 P 12
RDINANCE OAGE
52
T
WOC
OODBURN RDINANCE OMPILATIONRAFFIC
Council to be a public nuisance and it shall be subject to abatement, removal and
impounding in accordance with the procedures provided for abandoned vehicles
pursuant to state law.
Section 50. Civil Infraction Assessment.Each violation of any provision of this
Ordinance constitutes a class 4 civil infraction and shallbe dealt with according to the
procedures established by City ordinance.
General
Section 51. Severability Clause. If a portion of this ordinance is for any reason
held to be invalid, such decision shall not affect validity ofthe remaining portions of this
ordinance.
Section 52. Repeal. Ordinances 1904, 2078 and 2191 are hereby repealed.
Section 53. Saving Clause.The repeal of any ordinance by this Ordinance shall
not preclude any action against any person who violated the ordinance prior to the
effective date of this ordinance.
Section 54. Emergency Clause. This ordinance being necessary for the
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
53
COUNCIL BILL NO. 3015
ORDINANCE NO. 2537
AN ORDINANCE AMENDING ORDINANCE 2285 (THE TRAFFIC ORDINANCE) TO PROHIBIT
PARKING IN DESIGNATED FIRE LANES, TO MODIFY THE RV PARKING AND STORAGE
PROVISIONS, TO MAKE OTHER MINOR AMENDMENTS, AND DECLARING AN
EMERGENCY
in 2001, the Woodburn City Council adopted Ordinance 2285
WHEREAS,
(“the Traffic Ordinance) establishing and providing for the regulation of motor
vehicles, bicycles, and pedestrian traffic within the City of Woodburn; and
, the City Council, as part of the Ordinance Review and
WHEREAS
Revision Project, has considered revisions to the Traffic Ordinance as provided
herein; and
, the City Council has determined that it wants to more
WHEREAS
particularly define that parking in designated fire lanes, whether on public or
private property, is prohibited; and
, more specifically, the City Council has determined that it is in
WHEREAS
the public interest and promotes public safety to amend the Traffic Ordinance
to grant enforcement officers the specific authority to enforce fire lane parking
on private roads; and
, the City Council has further determined that adding more
WHEREAS
specific restrictions that would only allow recreational vehicle (“RV”) parking
on City streets for certain loading and unloading purposes, for a limited period
of time and in limited city locations, would reasonably address neighborhood
concerns of public safety and aesthetics; and
, more specifically, Section 16(2) will specify certain restrictions
WHEREAS
on RV parking and storage on City streets; and Section 19 will prohibit parking
in certain areas or for particular purposes; and
the City Council has considered and added certain other
WHEREAS,
minor amendments to the Traffic Ordinance as specified herein,
NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 2 (2)(l) of Ordinance 2285is amended to read as follows:
Section 1.
Page 1 – COUNCIL BILL NO. 3015
ORDINANCE NO. 2537
54
. . . .
“Section 2. Definitions
(2) As used in this Ordinance, the following words and phrases mean: . . .”
(l). A “motor truck” vehicle as defined by ORS 801.355 that is
Truck
designed and used primarily for drawing other vehicles, such as truck trailers, or for
carrying loads other than passengers, and subject to state licensing for ten thousand
(10,000) pounds ormore gross weight.
Section 7 of Ordinance 2285 is amended to read as follows:
Section 2.
Police officers as defined
Section 7. Authority to Enforce Traffic Ordinance.
by ORS 801.395 and all other City employees designated by the City Administrator
havethe authority to enforce the provisions of this Ordinance to all City of Woodburn
owned or operated property, highways as defined by ORS 801.305, and all private
streets within the City limits specifically notes by this Ordinance.
Section 7A of Ordinance 2285is added to read as follows:
Section 3.
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.
Section 16 of Ordinance 2285 is amended to read as follows:
Section 4.
Section 16.Storage and Parking Trucks, Trailers, Boats, Campers, 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 the City for the
actual loading or unloading of goods or to make repairs necessitated by an
emergency.
(2) No person shall store or permit to be stored on a street or other public
property, without permission of the city, a bus, motor home, recreational vehicle, travel
trailer, camper, boat and/or boat trailer, whether attended or unattended.A bus,
motorhome, recreational vehicle, travel trailer, camper, boat and/or boat trailer may
Page 1 – COUNCIL BILL NO. 3015
ORDINANCE NO. 2537
55
be parked on a street for a period of not more than forty-eight (48) hours if it meets the
criteria listed below:
(a) It is parked for the purpose of loading, unloading, or otherwise being
prepared for use;
(b) It is owned by the resident or guest of the resident of the property it is
parked adjacent to;
(c) It is not being used for human occupancy while parked on the street;
and
(d) It is parked in a manner thatdoes not interfere with traffic or create a
hazard by obstructing the view of other drivers.
Section 17 of Ordinance 2285 is amended to read as follows:
Section 5.
Section 17.Calculation of Time of Storage.
(1)Failure to move a vehicle regulated by Section 15 and 16 of this Ordinance
after expiration of any of the time periods set forth constitutes prima facie evidence of
violation of that Section.
(2)For purposes of Section 15 of this Ordinance, “move” means removing the
motor vehicle or personal property from the block where it is located before it is
returned.
(3)For purposes of Section 16 of this Ordinance, “move” means removing the
bus, motor home, recreational vehicle, travel trailer, camper, boat and/or boat trailer
off the City’s streets or other public property before it is returned.
Section 19 (4) of Ordinance 2285 is added to read as follows:
Section 6.
“. In addition to the state motor vehicle
Section 19. Prohibited Parking or Standing
laws prohibiting parking, no person shall park or stand: . . . ”
(4)A vehicle on a highway or street clearly 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 afire apparatus access road or fire lane
and may be established on public or private property.
This ordinance being necessary for the
Section 7. Emergency Clause.
immediate preservation of the public peace, health and safety in that the
Page 1 – COUNCIL BILL NO. 3015
ORDINANCE NO. 2537
56
amendment regarding fire lane enforcement involves significant public safety issues
and should be effective immediately, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the City Council and
approval by theMayor.
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. 3015
ORDINANCE NO. 2537
57
Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Community Development Director
SUBJECT:
Legislative Amendment - LA 2016-01
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance making
textual amendments to the Woodburn Development Ordinance regarding Nodal
Overlay Districts and Accessory Structures (fence and wall standards).
BACKGROUND:
Beginning in 2009, the Woodburn Development Ordinance (WDO) was entirely
rewritten. Initially, sign standards were revised (2010). Then, in 2011, administrative
provisions were updated and in 2013, the remaining sections of the ordinance,
primarily dealing with land use standards, were updated. The ordinance was
again readopted in the fall of 2013 in order to address scrivener errors, resulting in
reformatting the WDO.
The WDO states that the Director shall keep a list of potential modifications to the
ordinance and report those to the Council, who may initiate such modifications if
they so choose. Additionally, Council can initiate such modifications at their
discretion. Council gave direction to address these WDO issues this past February.
2016 Planning Commission meeting, the Commission held a
At the August 25,
public hearing on LA 2016-01 and took action on fence and nodal standards,
recommending that the City Council approve amendments to those sections of
the WDO.
The City Council held a public hearing on September 13, 2016 and approved
amendments to sections of the Woodburn Development Ordinance Nodal
Standards (Sections 2.02 and2.05.04) and Fence and Wall Standards (Section
2.06) as recommended by the Planning Commission. Theyrequested an
ordinance be prepared implementing the approved changes to the WDO.
DISCUSSION:
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__
58
Honorable Mayor and City Council
September 26, 2016
Page 2
The City Council considered Legislative Amendment LA 2016–01 at its
September 12, 2016 meeting and directed staff to return with an ordinance
implementing those changes. The attached ordinance carries out Council’s
direction.
:
FINANCIAL IMPACT
Legislative Amendment LA2016-01 revises development standards and is
anticipated to have no public sector financial impact.
59
COUNCIL BILL NO. 3016
ORDINANCE NO. 2538
AN ORDINANCE MAKING CERTAIN TEXTUAL AMENDMENTS TO THE WOODBURN
DEVELOPMENT ORDINANCE REGARDINGNODAL OVERLAY DISTRICTS AND
ACCESSORY STRUCTURES (FENCE AND WALL STANDARDS)
the Woodburn Development Ordinance (WDO) was originally
WHEREAS,
adopted by the City Council in 2002; and
starting in 2009, the WDO was entirely rewritten. Sign
WHEREAS,
standards were revised in 2010, administrative provisions were updated in
2011, and land use standardswere updated in 2013; and
the WDO requires the Director to keep a list of potential
WHEREAS,
modifications and report these to the Council; and
in February 2016, by Resolution2072,the City Council initiated
WHEREAS,
this WDO revision in response to the Director’s report; and
the Woodburn Planning Commission conducted a workshop
WHEREAS,
on June 23, 2016 and a public hearing on August 25, 2016 regarding proposed
amendments to the nodaloverlay districts andfence and wall standards and
forwarded said amendments to the City Council, with a unanimous
recommendation of approval; and
the City Council conducted a public hearing on September
WHEREAS,
12, 2016andtentatively approved amendments to the nodal overlay districts
and fenceand wall standards in the WDO and directed staff to prepare this
Ordinance effecting the proposed amendments;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
The text of Section 2.05.04 (Nodal Overlay Districts), Table
Section 1.
2.02C and Table 2.02F of the WDO are amended as set forth in Exhibit A.
The text of Section 2.06 (Accessory Structures) of the WDO is
Section 2.
amended as set forth in Exhibit B.
Council Bill No. 3016
Page- 1 -
Ordinance No. 2538
60
The legislative action taken by this Ordinance is explained
Section 3.
and justified by the City Council Staff Report as set forth in Exhibit C.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Council Bill No. 3016
Page- 2 -
Ordinance No. 2538
61
Exhibit A
Nodal Overlay Districts
2.05.04
A. Purpose
Development within the Nodal Overlay Districts includes multi-family, single family,
attached single family (row houses) and small-lot single family development, with
limited commercial development and accessible parks. The intent of the overlay
districts is to provide community identity to higher density residential developments
within walking distance (generally one-half mile or less) of the neighborhood
commercial center. Nodal development will be designed with a pedestrian focus,
with interconnected streets and pedestrian walkways, alleys serving garages
located at the rear of lots, and with limited on-street parking.
Nodal Overlay Districts are shown on the Comprehensive Plan Map with zoning
applied at the time of annexation. To ensure that land is efficiently used within the
Urban Growth Boundary (UGB), master plans shall be required for land within Nodal
districts.
B.Nodal Single Family Residential (RSN) and Nodal Medium Density Residential
(RMN)Districts
1.Vehicular access directly to a public street is prohibited and alley access to
garages facing the alley is required for anything other than standard single
family development. Off-street parking, maneuvering and storage is prohibited
within a required front or side setback, or any yard abutting a street with
attached single family and small-lot single family development.
2.Alleys shall be required for all small lot single-family residential subdivisions
and attached single family (row houses) development. Alleys shall be
dedicated and paved to a minimum width of 20 feet. No parking shall be
allowed within an alley right-of-way.
C.Master Planning Requirement
1.A master development plan shall be approved by the City Council for the entire
area designated as Nodal Overlay on the Comprehensive Plan Map, prior to
annexation of any property within the Nodal Development Overlay
Comprehensive Land Use Plan map designation. The master plan shall be
conceptual and non-binding in nature, but may be usedas a general guide for
development within the Nodal Overlay Districts.
2.The required master plan shall show:
a)The location and rights-of-way for existing and planned streets. These
streets shall provide access to all existing and proposed parcels, consistent
with the Transportation System Plan (TSP);
b)The location and size of existing and planned sanitary sewer, storm water
62
and water facilities, at adequate levels to serve existing and proposed
development;
c) The location and area of the Riparian Corridor and Wetlands Overlay
District (RCWOD). Planned streets and public facilities that cannot
reasonably avoid the RCWOD shall be indicated;
d)A development plan for the Nodal Neighborhood Commercial center,
neighboring multi-family areas, and potential parks, including planned
pedestrian and bicycle connections within the Nodal Overlay District as
shown on the Transportation System Plan, and pedestrian and bicycle
connections to Southwest Industrial Reserve areas;
e)A development plan for all residential areas, demonstrating consistency with
applicable nodal design standards.
D.Removal of a Nodal Overlay District
1.Removal of a Nodal Overlay District from any area or parcel shall require the
following:
a)A revised transportation, housing and commercial land needs analysis,
consistent with the Goal 9, 10 and 12 Rules (OAR Chapter 660, Divisions 8,
9 and 12);
b)A Comprehensive Plan Amendment that demonstrates compliance with all
applicable Statewide Planning Goals, applicable goals and policies of the
Marion County Framework Plan, and applicable goals and policies of the
Comprehensive Plan;
c) A zoning map amendment that demonstrates consistency with the
Comprehensive Plan.
63
Nodal Residential Single-Family (RSN) -Site Development
Standards
Table 2.02C
1
Interior or cul-de-sac lot6,000
Single-family dwelling,
Standard lotchild care facility or group 8,000
Lot Area,
Corner lot
2
home
Minimum
(square
Any other use10,000
feet)
1
Interior or cul-de-sac lot4,000
Small lot and row
house
Corner lot5,000
Interior or cul-de-sac lot50
Standard lot
Lot Width,
Corner lot80
Minimum
Interior or cul-de-sac lot30
(feet)
Small lot and row
house
Corner lot50
Lot Depth,
Standard lot90
Average
Small lot androw house80
(feet)
Standard lot Residential Density, Minimum (units per net acre)5.2
Small lot androw house Residential Density, Minimum (units per net acre)7.9
Interior or cul-de-sac lot40
Single-family dwelling,
Standard lotchild care facility or group 40
Corner lot
2
home
Street
Frontage,
Any other use50
Minimum
(feet)
Interior lot40
Small lotand row houseCorner lot50
Cul-de-sac lot30
3, 4
Front Setback and Setback Abutting a Street, Minimum (feet)20
64
Nodal Residential Single-Family (RSN) -Site Development
Standards
Table 2.02C
Front Porch Setback, Maximum (feet)10
7, 8
Side Setback, Minimum (feet)5
5, 7, 10
Primary structure20or 0
Rear Setback, Average
(feet)
Accessory structure5
Setback to a Private Access Easement, Minimum (feet)5
9
Primary building height16 feet or less40
Lot Coverage,
9
Primary building height more than 16 feet35
Maximum (percent)
6,
25 of rear yard
Accessory structure
9
Primary structure35
Building Height,
Features not used for habitation70
Maximum (feet)
Accessory structure15
1.Flag lots are not allowed in the RSN zone.
2.Child care facility for 12 or fewer children, group home for five or fewer persons
3.Measured from the Special Setback (Section 3.03.02), if any
4.Infill lots between developed lots: average of abutting residential buildings, plus or minus 5
feet, but not less than 10 feet
5.With a maximum deviation of five feet from the setback standard
6.Accessory structures are included in the total lot coverage. Accessory structures are also
limited to 25% coverage of the rear yard.
7.A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
8.Row houses have a 0 foot side setback on interior lots
9.Lot coverage limitations determined by setbacks for small lot and row house development
10.Garages have a 20ft or 0 ft setback
65
Nodal Medium Density Residential (RMN) -Site Development
Standards
Table 2.02F
1, 2
Single-family dwelling, Interior or cul-de-sac lot4, 000
child care facility or group
2
Corner lot5, 000
home
1
Interior lot3, 000
Row house
Lot Area,
Corner or cul-de-sac lot3,600
Minimum
(square feet)
1
Duplex8, 000
Multiple-family dwelling, child care facility, group home
1, 3
87,120
or nursing home
7
Any other useNot specified
2
Interior or cul-de-sac Lot45
Single-family dwelling,
child care facility or group
2
Corner lot60
home
Interior lot20
Row house
Lot Width,
Corner or cul-de-sac lot35
Minimum (feet)
Duplex80
Multiple-family dwelling, child care facility, group home
3
200
or nursing home
7
Any other useNot specified
Single-family dwelling, child care facility or group home
2
80
or row house
Duplex90
Lot Depth,
Average (feet)
Multiple-family dwelling, child care facility, group home
3
200
or nursing home
7
Any other useNot specified
Interior lot20
Corner lot35
66
Nodal Medium Density Residential (RMN) -Site Development
Standards
Table 2.02F
Single-family dwelling,
child care facility, group
Cul-de-sac lot30
,
homeor multiple-family
2
dwelling
Street
Interior lot20
Frontage,
Row house
Minimum (feet)
Corner or cul-de-sac lot35
Duplex80
Any other use200
Single-family dwelling7.9
Duplex or row houses10
Minimum
Multiple-family dwelling19
7
Any other useNot specified
Residential
Density (units
7
Multiple-family dwelling24
per net acre)
Child care facility, group care facility
3,7
32
or nursing home
Maximum
7
Manufactured dwelling park12
7
Any other useNot specified
Single-family dwelling, child care facility or group
2, 4
20
home
4
Abutting an arterial street20
Front Setback
Row house
and Setback
4
Not abutting an arterial street10
Abutting a
Street,
Abutting commercial or industrial
4
20
Minimum (feet)
zone, or collector or arterial street
Any other use
Not abutting commercial or
4
industrial zone, or collector or 10
arterial street
67
Nodal Medium Density Residential (RMN) -Site Development
Standards
Table 2.02F
10 plus 5 for
Abutting an RS zoneeach story over
4
1
Row housesTo front porch10
Abutting commercial or industrial
Front Setback Duplex,
3
Not specified
zone, or collector or arterial street
and Setback multiple-family
Abutting a dwelling, group
Not abutting commercial or
Street, home or nursing
3
industrial zone, or collector or 15
Maximum (feet)home
arterial street
Any other useNot specified
Single-family dwelling, child care facility or group
2
5
home
5, 9
Row house15
16 or less24
Abutting RS, RM,
or P/SP zone, or
Building more than 16
an existing single-
Side Setback,
height and less than 30
family, duplex, or
Minimum (feet)
All
(feet)28
multiple-family
other
dwelling
uses
28 or more36
8
Abutting NNC, or CG zone10
Abutting SWIR zone15
Accessory structureSame as primary
2, 6
16 or less24
Single-family dwelling, Building
more than 16 and
2, 6
child care facility or height 30
Rear Setback,
less than 28
group home(feet)
Minimum (feet)
2, 6
28 or more36
11
Row houses20or 0
68
Nodal Medium Density Residential (RMN) -Site Development
Standards
Table 2.02F
Any other useSame as side
Accessory structure5
Setback to a Private Access Easement, Minimum (feet)5
2
Single-family Primary building height 16 feet or less 40
dwelling,
Lot Coverage,
child care
Primary building height more than 16
2
35
facility or
Maximum
feet or less
group home
(percent)
7, 10
Any other useNot specified
Primary structure45
Building Height,
Features not used for habitation70
Maximum (feet)
Accessory structure15
1.
Flag lots are not allowed in the RMN zone.
2.
Child care facility for 12 or fewer children, group home for five or fewer persons
3.
Child care facility for 13 or more children, group home for six or more persons
4.
Measured from the Special Setback (Section 3.03.02), if any
5.
For row houses, there is no side setback along common lot lines.
6.
With a maximum deviation of five feet from the setback standard
7.
The minimum lot dimensions, maximum density, and maximum lot coverage are
determined by setbacks, off-street parking, and landscaping requirements.
8.
A house of worship shall be set back at least 20 feet from a property line abutting a
residential zone or use.
9.
Row houses have a 0 foot side setback on interior lots
10.
Lot coverage limitations determined by setbacks for small lot and row house
development
11.
Garages have a 20 ft or 0 ft setback
69
Exhibit B
2.06 Accessory Structures
The purpose of this Section is to set forth the regulations for accessory structures such
as fences, walls, storage buildings, detached garages and gazebos.
2.06.01Applicability
2.06.02Fences and Walls
2.06.03 Structures
2.06.01 Applicability
The following standards are applicable to accessory structures in all zones.
2.06.02Fences and Walls
Location and Height Abutting a Streetin Residential Zones
A.
The height shall comply with the vision clearance area standards, Section
1.
3.03.06.
The height shall not exceed 42 inches (3½ feet) abovetheground elevation
2.
under the fence or walllocated at the lot line abutting the street.
The height may increase one foot for each 6 feet of setback from the lot line
3.
abutting the street.Fences may increase to their maximum height (7 ft) when
flush with the houseor garage.
Forcorner lots, one frontage shall not exceed the standards in #2 above. The
4.
alternative frontages are treated as interior lot line(s),allowing fencing in excess
of 42 inches up to, and equalwith, the house frontage. The remaining frontage
shall not exceed the 42 inch limitation.
For through lots, abutting streets and/or alleys on two opposite frontages, the
5.
rear frontageopposite the front isbe treated as an interior lot line, allowing a
maximum height of 7 ft.
Fences and walls may be constructed in the special setback, provided the
6.
property owner agrees to removal at such time as streetimprovements are
made.
Height in Yards Not Abutting a Street
B.
In residential zones, the maximum height of a fence or wall other than for corner
1.
and/or through lots, shall be seven feet, relative to the ground elevation under
the fence or wall.
Woodburn Development Ordinance Section 2.06 Page 1
70
Height in Non-Residential Zones
C.
1.In commercial, industrial, or public zones, the maximum height of a fence or
wall located in a yard abutting a street shall be 6feet, relative to the ground
elevation under the fence or wall.Fence height may increase to 9 feet once
flush with the building face, or 20 feet from streetright-of-way.
2.Fences and walls may be constructed in the special setback provided the
property owner agrees to removal at such time as street improvements are
made.
Fence Materials
D.
1.Fences and walls shall be constructed of any materials commonly used in the
construction of fences and walls, such as wood, stone, rock, or brick, or other
durable materials.
2.Chain link fences are acceptable as long as the fence is coated and includes
slats made of vinyl, wood or other durable material. Slats may not be required
when visibility into features such as open space, natural areas, parks and
similar areas is needed to assure visual security, or into on-site areas in
industrial zones that require visual surveillance.
3. For manufacturing, assembly, fabricating, processing, packing, storage and
wholesale and distribution activities which are the principle use of a building in
industrial districts, the preceding standards apply when visible from, and within
20 feet of, a public street.
Figure 2.06A –Fence or Wall Height
Woodburn Development Ordinance Section 2.06 Page 2
71
Figure 2.06B–Stepped Fence or Wall
2.06.03Structures
A.Accessory structures attached to a primary building shall be considered as a portion of the
primary building and subject to the same requirements as the primary building.
B.The minimum separation between detached accessory structures and the primary building
shall be six feet.
Woodburn Development Ordinance Section 2.06 Page 3
72
EXHIBIT C
Community Development
Planning Division
-5246
CITY COUNCILSTAFF REPORT
PUBLIC HEARING
Application Type
Type VLegislative Amendment
Application Number
LA2016-01
Project Description
Revise Sections 2.05 Nodal Standards;2.06 Fences and Walls; and
revise various sections to correct scrivener errors inthe Woodburn
Development Ordinance
Area
Entire City
ZoningAll zones
Planner Assigned
Jim Hendryx,Community DevelopmentDirector
120-Day Deadline
Not applicable to legislative decisions
Date of Staff Report
August 17, 2016
Date of Public Hearings
Planning Commission: August 25, 2016
City Council: September12, 2016
BACKGROUND
Beginningin 2009, the Woodburn Development Ordinance (WDO) was entirely rewritten.
Initially, sign standards were revised (2010). Then, in 2011, administrative provisions were
updated and in 2013, the remaining sections of the ordinance, primarily dealing with land
use standards, were updated. The ordinance was again readopted in the fall of 2013 to ad
dress scrivener errors, resulting in reformattingthe WDO.
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EXHIBIT C
The WDO states that the Director shall keep a list of potential modifications to the ordinance
and report those to the Council, who may initiate such modifications if they so choose.
Additionally, Council can initiate such modifications anytime, at their discretion.Council
gave direction toaddresstheseWDOissues this past February.
At the June Planning Commission Workshop, there was recognition of the need to update
City fence standards. The current standards are restrictive for corner and through lots.
Additionally, fencingregulations in non-residential areas is similar to residential standards
and does not addresssecurity needs for businesses.
With the 2005 Periodic Review and Urban Growth Boundary (UGB) amendments, the City
enacted four new zoning districts, three of which are nodal zones (single family, multi-family
and commercial) as well as the South West Industrial Reserve(SWIR). None of these zones
have been utilized 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 need to resolve any oversights
and mistakes.
At the August 25,2016 Planning Commission meeting, the Commission held a public
hearing on LA 2016-01 and took action on fence and nodal standards, recommending that
the City Council approve amendments to those sections of the WDO. The Commission
continued the public hearing on the remaining amendments, which primarily address
th
scrivener errors, to their September 25meeting.Those amendments will proceed to the
Council separately at its October 10, 2016 meeting.
ANALYSIS AND FINDINGS OF FACT – Woodburn Development Ordinance
WDO 4.101Decision Making Procedures
Findings: Under Section 4.101.02.E of the Woodburn Development Ordinance, decisions
involving legislative actions where the City Council amends the City’s land use regulations,
Comprehensive Plan, Zoning Map or some component of these documents where changes
are ofsuch a size, diversity of ownership or interest as to be legislative in nature under state
law, are Type V decisions. The Planning Commission holds an initial public hearing, which
they did on August 25, 2916on the proposal and makes a recommendation to the City
Council. The City Council then holds a finalpublic hearing and makes the City’s final
decision. The City Council’s action is the City’s final decision and is appealable to the Land
Use Board of Appeals (LUBA) within 21 days after it becomes final.
Conclusion: This legislative amendment is correctly processed as a Type V decision.
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EXHIBIT C
Findings: Under Section 4.101.03, the City Councilmay initiate any type of land use action
by amotion designating the appropriate City department to complete and file the application.
The City Council passed a resolution this past February, initiating Legislative Amendment
2016-01.The Commission conducted a work shop in June and provided directionfor the
attached amendments.Other work shop meetings and public hearings will follow to address
other needed revisions.
Conclusion: The City Council directed staff to initiate amendments to the WDO. The
Commission conducted a workshop and provided direction on initial amendments to the
Ordinance.
Findings: Under Section 4.101.10, the Planning Commission shall hold at least one public
hearing, which it did on August 25, 2016 and recommended that theCouncil approve
amendments to the fence and nodal standards contained in the WDO.Several people
presented both written andoral testimony in support ofthe proposed amendments to the
fence standards at the Planning Commission hearing.
The Director provided notice tothe Oregon Department of Land Conservation and
Development (DLCD) at least 35 days before the first hearing,as required by the
post-acknowledgment procedures of ORS 197.610 to 197.625, as applicable.
Once the Planning Commission hearing wasscheduled and notices sent out, the Director
prepared and made available a report on the legislative proposal at least seven days before
the hearing.
At the conclusion of the hearing, the Planning Commission recommendedapproval of the
fence and nodal standards to the City Council. This staff report summarizes the report and
recommendation to the City Council on Legislative Amendment 2016-01.
The City Council is scheduled to hold a public hearing on the proposalat its September 12,
2016 meeting. Anyinterested person may provide written or oral testimony on the proposal
at, or prior to, the hearing. At the conclusion of the hearing, the City Council may adopt,
modify or reject the legislative proposal, or it may remand the matter to the Planning
Commission for further consideration. If the decision is to adopt at least some form of the
proposal, and thereby enact or amend the City’s land use regulations, Comprehensive Plan,
official Zoning Map or some component of any of these documents, the City Council’s
decision shall be enacted as an ordinance.
Not later than five working days following the City Council’s final decision, the Director shall
mail notice of the decision to the DLCD, in accordance with ORS Chapter 197.
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EXHIBIT C
Conclusions: The Planning Commission held a public hearing on fence and nodal standards
at its August 25, 2016 meetingand made recommendations to the City Council. They
nd
continued the portion of the public hearing on scrivener errors to their September 22
meeting. Notice has been provided to the Oregon Department of Land Conservation and
Development(DLCD)and Marion County. Background information, including the staff
report, has been made available for public inspection. The City Council is scheduled to
conduct a public hearing onSeptember 12, 2016to receive the Commission’s
recommendations and public input. All provisions of this section of the WDO and State
statute have been met.
Findings: Public notice is provided for all public hearings in accordance with Section
4.101.14of the WDO. Notification was provided to affected agencies, including the
Department of Land Conservation and Development and Marion County, in advance of the
Commission’s hearing. Notification was provided to the Woodburn Historic Neighborhood
Association. Notice of the public hearing was published in the Woodburn Independent
newspaper.
All notifications contained information regarding the time, date, and location of the public
hearings, the file number, and staff contact information for questions or submission of
testimony. All notifications also included a summary of the proposed amendments. All
notification documents provided information regarding the public hearing procedures and
how to review or obtain copies of the documents to be considered.
Conclusion: Notification requirements consistent with the provisions of the Woodburn
Development Ordinance and statutory requirements were met.
WDO 5.104.04Zoning Map Change, Owner Initiated
Findings: Section 5.104.04 governs changes to the Zoning Map thatare initiated by a
property owner. This case is initiated by the City and applies to many separate properties.
Conclusion: Section 5.104.04 does not apply to the proposed Zoning Map amendment.
Findings: Under State statute, all cities and counties in Oregon must have an approved
comprehensive plan, along withimplementing ordinances. Amendments to an approved
comprehensive plan must be consistent with State statutes. Implementing ordinances must
also be consistent with each comprehensive plan.
The Woodburn Comprehensive Plan was originally adopted in1978, and subsequently
amended several times. The Woodburn Development Ordinance was adopted 2008, and
most recently amended in 2013.
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EXHIBIT C
Conclusion: Amendments to the Woodburn Comprehensive Plan and the Woodburn
Development Ordinance will be evaluated for consistency withthe Comprehensive Plan and
State statute.
ANALYSIS AND FINDINGS OF FACT – Woodburn Comprehensive Plan
Findings: The Comprehensive Plan (Volume 1 Goals and Policy Amendments) states:
“Thekeystone of plan implementation is the Woodburn Development Ordinance
(WDO). This WDO ensures that the location and design of various land uses and
in some cases, the timing of those land uses, is in compliance with the
Comprehensive Plan. The WDO ensures that incompatible uses do not occur,
while allowing flexibility consistent with the purpose of the plan. The Zoning Map
will be more specific than the Comprehensive Plan Map, and may have more
designations than the Comprehensive Plan Map. In addition,there will be many
cases where the zoning ordinance will be more restrictive than the map. This is
because there are areas which must be retained in a more restrictive zone until
public facilities are developed or public need is established for a zone change to
a less restrictive zone. However, in no case should the Zoning Map allow a use
which is less restrictive than that called for in the Comprehensive Plan.”
The current fence and wall standards are restrictive for corner and through lots.
Additionally, fencing regulations in non-residential areas, which at present are similar to
residential standards, donot address security needs for businesses. Property and business
owners continue to express frustration with the current regulations. While the City offers
free fence permits, homeownersand business owners continue to complain about the
current fence standards. Residents want to fence their properties to address privacy and
security needs. Business owners continue to beprimarily concerned aboutsecurity.
In 2005, City enacted four new zoning districts, three of which are nodal zones (single family,
multi-family and commercial) as well as the South West Industrial Reserve(SWIR). None
of these zones have been utilized before, since these areas have generally been outside
City limits. Recentdiscussions with potential developers have highlighted the need to update
and revise the nodal standards. For example, while row housing is encouraged, current
standards discourage theirdevelopment; lot standards (width and depth) should be reduced
in recognition of the narrowness of this particular type of development.Likewise, nodal
standards recognize conventional development, butthe WDO rewrite precludes that type of
development. The proposed update addresses these issues.
: The amendments insure that the WDO implements the Comprehensive Plan.
Conclusions
The proposed amendments clarify the intent of the WDO and simplify administration of the
Ordinance. The proposed amendments are consistent with the Comprehensive Plan.
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EXHIBIT C
Findings: The Comprehensive Plan (Volume 1 Goals and Policy Amendments) states:
“The planning process is continuous. There is no plan that can foresee all of the
problems the future will bring. In most cases for decision, the Planning
Commission and Council will be petitioned by private citizens to change the
Comprehensive Plan designation of a particular parcel of property. This is a
quasi-judicial activity and should follow the procedures set outfor quasi-judicial
rulings. The Planning Commission should ensure that any change it makes in
the Comprehensive Plan is consistent with other goals and policies established
in this Plan. These changes, in general, should be justified by a solid body of
evidence presented by the petitioner showing the following:
1.Compliance with the goals and policies of the Comprehensive Plan;
2.Compliance with the various elements of the Comprehensive Plan;
3.Compliance with Statewide goals and guidelines;
4.That there is a public need for the change;
5.That this land best suits that public need;”
Between the years 2010–2013, the Woodburn Development Ordinance was completely
rewritten. Current fence standards for both residential and non-residential properties are
not meeting the needs or residents and businesses. While nodal standards encourage
particular types of development, existing standards make it difficult to develop. The rewrite
addresses these deficiencies.
: The Comprehensive Plan recognizes that plans and implementing ordinances
Conclusions
like the WDO continue to evolve and change overtime. The amendments are consistent
with the intent of the Comprehensive Plan and Statewide goals and guidelines.
Findings: The Comprehensive Plan (Volume 1, Goals and Policy Amendments) states:
“Goal C-1 of the Comprehensive Plan is to coordinate with Marion County
regarding planning issues that extend beyond the boundaries of the City of
Woodburn, including amendments to the Comprehensive Planand
Transportation System Plan, and achievea compact urban growth form.”
Affected public agencies, including Marion County, have been notified on the proposed
amendments tothe WDO.
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EXHIBIT C
Conclusion: Legislative 2016-01complies with Goal C-1 of the Comprehensive Plan.
Findings: The State adopted 19 goals for state and local land use decisions. The
statewide planning goals applicable to this case are Goals 1 (Citizen Involvement), 2 (Land
Use Planning), 9 (Economic Development) and 12 (Transportation).
Goal 1 requires that the City develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process. Agency
and public notice has been provided. Open houses have been held and public
hearings conducted.
Goal 2 requires that the City establish a land use planning process and policy
framework as a basis for all decision and actions related totheuse of land and to
assure an adequate factual base for such decisions and actions. The Woodburn
Development Ordinance contains procedures and requirements for facts and findings.
The proposed amendments clarifythe intent of the WDO by:
Including diagrams, illustrations, tables, charts and maps
o
Updating and standardizing terminology
o
Eliminating conflicting standards and circular references
o
Making the ordinance more user-friendly
o
Correcting scrivener errors
o
Goal 9 requires the City to provide adequate opportunities for a variety of economic
activities vital to health, welfare, and prosperity. The amendments clarify the standards
of the Ordinance.
Goal 12 requires that the City provide and encourage a safe,convenient and economic
transportation system. The proposed amendments recognize the need fencing while
recognizing vision clearance standards along public streets.
:The proposed additions and amendments are consistent with applicable
Conclusion
statewide planning goals.
Woodburn DevelopmentOrdinance
:Legislative amendments are Type V legislative decisions.The Development
Findings
Ordinance addresses Type V decisions in Section 4.101.06.E, Decision Making Procedures.
The Planning Commission heldan initial public hearing on the proposal on August 25, 2016
and madea recommendation to the City Council. The City Council then holds a de novo
public hearing, scheduled for September 12, 2016 and makes the City’s final decision.
Conclusions: The proposed amendment is a Type V legislative decision.The decision-
maker is the City Council.
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EXHIBIT C
Findings:The Oregon Department of Land Conservation and Development was sent a
Noticeof Proposed Amendment, as required by statute. Affected agencies (Marion County,
the State of Oregon, the Woodburn School District, and the Woodburn Fire District,) as well
asthe Woodburn Historic Neighborhood Association, were also notifiedby mail.Notice was
published in the Woodburn Independent.
Conclusion: The public hearing has been publicizedas required by State statute and the
Woodburn Development Ordinance.
CONCLUSIONAND RECOMMENDATIONS
The proposed amendments areconsistent with the Woodburn Comprehensive Plan and the
Woodburn Development Ordinance. The PlanningCommissionconducted a public hearing
on August25, 2016 and at the conclusion of the public hearing, recommended that the City
Council approve amendments to the fence and nodal standards, as contained in
LA 2016-01.
The Planning Commission continued the public hearing on thatportion of LA 2016-01
dealing with scrivener errors to September 22, 2016. Those amendments willcome
separately for actionat the City Council meeting onOctober 10, 2016. It is recommended
that Council hold the public hearing on the fence and nodal standards, take action on those
amendments, and continue LA 2016-01, which dealswith scrivener errors, to October 10,
2016.
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AgendaItem
September 26,2016
TO:Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Community Development Director
SUBJECT:
Annexation - 1385 Cooley Road (ANX 2016-02) Alexsey Bodunov
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinancegranting
application ANX 2016-02, with findings and conclusions, and annexing the subject
real property and adjacent right-of-way to the City of Woodburn.
BACKGROUND:
The applicant requested annexation of a 2.7 acre parcel fronting Cooley Road,
approximately 1,200 feet south of Highway 211 and 225 feet north of Audrey Way.
The City Council conducted a public hearing on the request (ANX 2016-02) at its
September 12, 2016 meeting. At the conclusion of the hearing, Council approved
the annexation and requested an ordinance return implementing Council’s
action.
DISCUSSION:
The City Council considered a request to annex approximately 2.7 acres of
property, located at 1385 Cooley Road, atits September 12, 2016 meeting. They
approved the request and directedpreparation of an ordinance carrying out
their decision.
FINANCIAL IMPACT:
This decision is anticipated to have nopublic sector financial impact.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__
81
COUNCIL BILL NO. 3017
ORDINANCE NO. 2539
AN ORDINANCE ANNEXING 2.17 ACRES OF PROPERTY LOCATED AT 1385 COOLEY
ROADAND THE ADJACENT COOLEY ROAD RIGHT-OF-WAY INTO THE CITY OF
WOODBURNAND DESIGNATING THE PROPERTY ASCITY OF WOODBURN
RESIDENTIAL SINGLE-FAMILY (RS)
, the City considered applicationANX 2016-02 requesting
WHEREAS
annexation of the real property described below into the City of Woodburn, and
, the Woodburn Comprehensive Plan and Zoning Map have
WHEREAS
established certain land uses within the City of Woodburn’s Urban Growth
Boundary; and
,pursuant to ORS 222.120 and Resolution 2083 the Woodburn City
WHEREAS
Council noticed and conducted a publichearing onANX 2016-02on September
12, 2016;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
That thesubjectrealpropertyowned by Alexsey and Juliana
Section 1.
Bodunovand the adjacent Cooley Road right-of-way aredepicted on the Exhibit
Map for Annexation, which is attachedas Exhibit “A.”
In reviewing ANX 2016-02, the City Council finds that no election
Section 2.
is required because the legal requirements of ORS 222.125 (i.e., consent from all
property owners and a majority of electors in the affected territory)have been
met.
Application ANX 2016-02 is granted and thesubjectreal property
Section 3.
and adjacent Cooley Road right-of-way depicted on the Exhibit Map for
Annexation, attached as Exhibit “A,”areannexed to the City of Woodburn.
That the zoning designation of the subjectreal property is
Section 4.
changed from Marion County Urban Transition 20 to City of Woodburn Residential
Single-Family (RS) and the Woodburn Zoning Map is amended to reflect this
change.
Page 1 – COUNCIL BILL NO. 3017
ORDINANCE NO. 2539
82
That these land use actions are justified and explained by the
Section 5.
Findings and Conclusions attachedas Exhibit “B,” which the City Council finds to
be reasonable.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to theMayor
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. 3017
ORDINANCE NO. 2539
83
Exhibit A
84
EXHIBIT B
15
Page of
Community Development
Planning Division
-5246
FINDINGS AND CONCLUSIONS
ANX 2016-02
BACKGROUND AND PROPOSAL
The applicant requests annexation ofa2.7acre parcelfronting Cooley Road,
approximately 1,200 feet south of Highway 211 and 225 feet north of Audrey Way.The
property is designated Low Density Residential on the Comprehensive Plan Map.The
subject property is zoned Urban Transition 20by 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. There are
several significant trees on the site. No wetlands or floodplains exist on thissite.
The applicant and his family live on the property. Marion County approved a Conditional
Use Permit (CUP) for a Medical Hardship in 2014. Under County provisions, the CUP is
annually renewed upon medical verification (aphysician’s certificate) that the hardship
remains. Similar verification would continue, should the property be annexed.
Prior to the Planning Commission’s public hearing, notices were mailed to Marion County,
the Woodburn Fire District, the Woodburn School District, and surrounding property
owners. A public hearing notice was posted on the property andpublished in the
Woodburn Independent.The Department of Revenue gave preliminary approval for the
map and legal descriptionon July 7, 2016.
The Planning Commission conducted a public hearing on Annexation ANX 2016-02 on
August 25, 2016 and recommends that the City Council approve the annexation.
APPROVAL CRITERIA
Applicable criteria from the Woodburn Development Ordinance(WDO)are Sections:
1.01, 1.02, 1.103, 2.01, 4.01, 4.02, and 5.04.Additional relevantcriteria arethe goals
and policies of the Woodburn Comprehensive Plan, and the standards of the
Transportation System Plan (TSP).
ANALYSIS AND FINDINGS OF FACT
1
City Council Final Order ANX 2016-02
85
EXHIBIT B
25
Page of
General Provisions
Findings: Per Section 5.04, annexationsare Type IV decisions. Per Section WDO
4.01.02.D, the City Councilis the decision-maker forType IV decisions, after receiving a
recommendation from the Planning Commission.
Conclusion: The application is correctly filed as a Type IV decision.
WDO 5.104.01Annexation
Findings: Section 5.04.01.B requires a pre-application conference with the applicant. The
pre-application conference was conducted on February 3, 2016.
Conclusion: The application complies with Section 5.04.01.B.
Findings: Section 5.04.01.C.1 requires compliance with applicable Woodburn
Comprehensive Plan goals and policies regarding annexation. The goals and policies of
the Comprehensive Plan are discussed later in this report.
Findings: Section 5.04.01.C.2 requires that the territory to be annexed be contiguous to
the City and either link to planned public facilities with adequate capacity to serve the
existing and future development of the property, or guarantee thatthe presentpublic
facilities have adequate capacity to serve the existing and future development of the
property. The property immediately bordersthe City limits, which are to the west.Water
and sanitary sewer facilities extend to the property from the west (Barn Street). Storm
andsewerfacilities are located south at the Audrey/Cooley intersection. The Public
Works Department notes that the existing public facilities have adequate capacity to the
propertyas it presently exists.Ultimate development of the property will link to public
facilities with capacity to serve the property’s future needs.
Conclusion:The application complies with Section 5.04.01.C.2.
Findings: Section 5.04.01.C.3.a.1 provides that the territory to be annexed should be
contiguous to the City on two or more sides. The term “should” is a discretionary term
and subject to Council’s review. The property is contiguous to the City on the west side,
while compliance to the standard of “contiguous on two or more sides” would require
neighboringproperties toannex. The applicant contacted adjacent properties to
determine interestin annexing. Adjacent property owners were not interested in annexing
at this time.
Conclusion: The application complies with Section 5.04.01.C.3.a.1.
2
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EXHIBIT B
35
Page of
Findings: Section 5.04.01.C.3.a.2 provides that the annexationshould not increase the
inventory of buildable land designated on the Comprehensive Plan as Low or Medium
Density Residential within the City to more than a five-year supply. The City annexed
approximately 1 acre of residentially designated land in 2014. Few vacant developed lots
exist in the City and the supply of vacant land available for development is limited. The
subject property is adjacent to public utilities and is serviceable for development.
Conclusions:The proposed annexation represents less than a one monthsupply of
residential land at the rate of building that has occurredin Woodburn in the past five years.
The application complies with Section 5.04.01.C.3.a.2.
Findings: Section 5.04.01.C.3.a.3 provides that the annexation should reflect the City’s
goals for directing growth by using public facility capacity thathas been funded by the
City’s Capital Improvement Program. The property abuts the City limits and utilities are
available, or can be made available, to serve the property.
Conclusion: The application complies with Section 5.04.01.C.3.a.3.
Findings: Section 5.104.01.C.3.a.4 provides that the site should be feasible for
development and extend the arterial/collector street pattern. The property is adjacent to
existing residential development, is essentially flat, and is serviceable by public utilities.
Cooley Road is designated as a Service Collectorwhile Barn is a local street.Additional
right-of-way and improvements would be provided upon development of the property.
Conclusion: The application complies with Section 5.04.01.C.3.a.4.
Findings: Section 5.04.01.C.3.a.5 provides that the annexation should fulfill a substantial
unmet community need that has been identified by the City Council after a public hearing
– such as park space and conservation of significant natural or historic resources. The
annexation would address the need for additional residential land within the City.The
last annexation of residential land occurredin 2014and the City has fewresidential lots
available for development.
Conclusion: The application complieswith Section 5.04.01.C.3.a.5.
Findings: Section 5.04.01.D.1 provides that an annexation may be initiated by petition
based on the written consent of one hundred percent of the owners and fifty percent of
the electors within the territory proposed to be annexed. The annexation petition has
been certified to be signed by one hundred percent of the owners.The applicant lives on
the property with his family. Marion County permitted a temporary dwellingunit on the
property under their medical hardship provisions. There are no resident electors.
Conclusion: The application complies with Section 5.04.01.D.1.
3
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EXHIBIT B
45
Page of
Findings: Section 5.14.01.E provides that an annexation shall be designated consistent
with the Woodburn Comprehensive Plan, unless an application to re-designate the
property is approved as part of the annexation process. The property is designated Low
Density Residential on the Comprehensive Plan Map. The petitioner has not requested
that either the Comprehensive Plan Map orthe Zoning Map be amended.
Conclusion: The property would be zoned Residential Single-Family (RS) upon
annexation, in accordance withSection 5.04.01.E.
Note: Compliance with Sections 2.02 (Single-Family Residential Zone), 3.01 (Street
Standards), 3.02 (Utilities and Easements), 3.03 (Setback, Open Space and Lot
Standards), 3.04 (Access), 3.05 (Off-Street Parking and Loading), 3.06 (Landscaping),
3.07(Architectural Design), and 3.08 (Partition and Subdivision Standards) is not
applicableto the annexation, and will be required when the property is developed.
Woodburn Comprehensive Plan
The annexation goals and policies of the Comprehensive Planguide the shape and
geographic area of the City within the Urban Growth Boundary, so that the City limits
define a compact service area for the City, reflect a cohesive land area that is entirely
contained within the City, and provide the opportunity for growth in keeping with the City’s
goals and capacity to serve urban development.
Findings: OAR 660-014-0070 requires that the annexation comply with all appropriate
statewide planning goals, unless the acknowledged comprehensive plan controls the
annexation. The property is within Woodburn’s Urban Growth Boundary and upon
annexation would be subject to Woodburn’s Comprehensive Planand Development
Ordinance.
Conclusion: The proposed annexation complies with OAR 660-014-0070.
Findings:Policy G-2.1requires an assessment of the proposed annexation’s
conformance with the City’s plans, facility capacity, and impact on the community. The
property is immediately adjacent to City limits and public infrastructure is available to
serve the property. This report and the agency comments provide the required
assessment.
Conclusion: The proposed annexation complies with Comprehensive Plan policy G-2.1.
Findings: Policy G-2.2states that Woodburn will achieve more efficient utilization of land
by incorporating all of the territory within the City limits that will be of benefit to the City,
providing for the urban infill of vacant and underutilizedproperty, fostering an efficient
pattern of urban development in the City, maximizing the use of existing City facilities and
4
City Council Final Order ANX 2016-02
88
EXHIBIT B
55
Page of
services, and balancing the costs of City services among all benefited residents and
development.The property abuts the City limits and would utilize existing streets and
utilities.
Conclusions: The proposed annexation maximizes the efficient use of existing City
facilities and services, and is similar to infill development of vacant land. The proposed
annexation complies with Comprehensive Plan policy G-2.2.
Findings
: Policy G-2.3states that Woodburn will use annexation as a tool toguide the
direction, shape and pattern of urban development, smooth transitions in the physical
identity and the development pattern of the community, andpromote the efficient use and
extension of City facilities and services.The proposed annexation would utilizeexisting
streets and utilitiesand would not require the extension of City facilities and services.
Conclusion: The proposed annexation complies with Comprehensive Plan policy G-2.3.
OVERALL CONCLUSION
The proposed annexation meets the requirements of the Woodburn Comprehensive Plan
andDevelopment Ordinance.
At the time of this annexation, Marion County had issued aConditional Use Permitbased
upona medical hardship for the existence of a residence on the property for a person
with an infirmity.With annexation, the health hardship will be treated as a non-conforming
use subject to the following:
1.Annually, a doctor of medicine or licensed psychologist shall sign a statement
indicating the physical or mental condition that prevents the person(s) with the infirmity
from providing the basic self-care needed to live on a separate lot. The statement shall
also attest that the physician or licensed psychologist is convinced the person(s) with the
infirmity must be provided the care so frequently or in such a manner that the caretaker
must reside on the same premises.
2.Theresidence occupied by the person(s) with the infirmity shallbe removed at such
time as the person(s) with the infirmity no longer reside(s) on the lot.
An agreement to remove one of the residences within 60 days of the date the person(s)
with the infirmity no longer reside(s) on the lot shall besigned by the property owner and
those providing the care.
3. The use shall be subject to review every year and shall meet the above criteria in order
to qualify for renewal.
5
City Council Final Order ANX 2016-02
89
Agenda Item
November 25, 2013
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
SDC Ordinance Providing for Additional Public Input
:
RECOMMENDATION
It
is recommended that the City Council adopt attached Ordinance 2540
extending the effective date of Ordinances 2250,2536 andResolution 2085 to
allowfor additionalpublic input on the pending increase in Parks & Recreation
System Development Charges.
BACKGROUND AND DISCUSSION
An issue has arisen concerning whether there was an adequate opportunity for
public input during the September 12, 2016 public hearing on Ordinance 2536,
which adopted a new Methodology Report for Park and Recreation System
Development Charges. Out of an abundance of caution, it is recommended
that the City Council adoptthe attached Ordinance extending the effective
dates established at the September 12 meeting so that there can bean
opportunity for further public comment.
Should the City Council pass proposed Ordinance XXXX, the City will notice and
conduct a secondpublic hearing to occur on January 9, 2017 for the purposes
of taking any additional comments on the pending Park and Recreation SDC
increases.
:
FINANCIAL IMPACT
None.
Agenda Item Review:CityAdministrator ______CityAttorney ______Finance _____
90
COUNCIL BILL NO. 3018
ORDINANCE NO. 2540
AN ORDINANCE PROVIDING FOR ADDITIONAL PUBLIC INPUT ON THE PARKS
AND RECREATION SYSTEM DEVELOPMENT CHARGES AND AMENDING
ORDINANCE 2250, ORDINANCE 2536 AND RESOLUTION 2085 TO PROVIDE
FOR NEW EFFECTIVE DATES
ORS 223.297 –223.314 authorizes local governments to
WHEREAS,
impose System Development Charges(SDC’s); and
the City has adopted Ordinance 2250 establishing Parks
WHEREAS,
and Recreation SDC’s; and
theCity mailedthe required statutory notice andthe City
WHEREAS,
Councilconducted a public hearing on September 12, 2016 to consider
amending Ordinance 2250 based upon a methodology report dated July
11, 2016; and
after the public hearing, the City Council unanimously
WHEREAS,
adopted Ordinance 2536 \[An Ordinance Amending and Repealing
Sections of Ordinance 2250 (The Parks and Recreation System
Development Charges Ordinance) Based upon a Methodology Report
Dated July 11, 2016 and Setting an Effective Date\] and Resolution 2085 \[A
Resolution Setting the Amount of the Parks and Recreation System
Development Charges Pursuant to a Recently Updated Parks and
Recreation System Development Charges Methodology; Establishing an
Alternative Rate Review Fee; and Setting an Effective Date for Imposition
of the Fees and Charges\];and
an issue has arisen concerning whether there was an
WHEREAS,
adequate opportunity for public input at the September 12, 2016 public
hearing; and
the City Councilalwaysencourages public input and
WHEREAS,
believes it is inthe public interest to allow a second opportunity for
interested parties to be heard;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
In order to ensure adequate public input, the City shall
Section 1.
provide the required statutory notice for a second public hearing to be
Page 1 – COUNCIL BILL NO. 3018
ORDINANCE NO. 2540
91
conducted on January 9, 2017regarding proposed Parks and Recreation
SDC’s.
The proposed Parks and Recreation SDC’s are based
Section 2.
upon the Methodology Report dated July 11, 2016, which is available for
public inspection through the City Recorder.
In order to accommodate this additional public input,
Section 3.
Section 6 of Ordinance 2250 and Section 5 of Ordinance 2536 are
amended to read as follows:
This Ordinance shall be legally effective on
Effective Date.
March1, 2017.
In order to accommodate this additional public input, it is
Section 4.
further necessary to amend Section 3 of Resolution 2085 to read as
follows:
. The effective date for imposition of the fees
Effective Date
and charges identifiedin this resolution shall be March 1, 2017.
The City Council finds that if, after allowing this opportunity
Section 5.
for additional public input, itwants to modify its actions taken based upon
the SDC Methodology Report, there will be adequate time todo this prior
to the new March 1, 2017 effective date. If the City Council instead wants
to proceed with the new fees and charges based upon the SDC
Methodology Report, then it will take no additional action and allow the
already enacted ordinances and resolution to take effect.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 2 – COUNCIL BILL NO. 3018
ORDINANCE NO. 2540
92
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 – COUNCIL BILL NO. 3018
ORDINANCE NO. 2540
93
Agenda Item
September 26, 2016
TO:Ho
norable Mayor and Councilthrough City Administrator
FROM:Sandra Montoya,Finance Director
SUBJECT:
FY 2016-2017 SUPPLEMENTAL BUDGET REQUEST
RECOMMENDATION:
Hold a public hearing and adoptthe attached resolution approving a
supplemental budget for fiscal year 2016-2017for the funds and departments
listed on Exhibit A.
SUPPLEMENTAL BUDGETS GENERALLY:
Every year, after the budget is adopted by Council, circumstances and events
arise that were either unforeseen or not quantifiable during the preparation.In
addition, supplemental budgets can be used to correct errors or oversights.
Oregon Budget Law provides for changes to adopted budgets through a
supplemental budget process that requires that the City provide public notice of
the proposed changes and, if the change is greater than 10% of any fund’s total
expenditures, hold a public hearing to discuss the proposed changes and accept
public testimony on the changes. Staff provided the required public notice via
the Woodburn Independentand the hearing will be held at the Council meeting
on the 26prior to consideration of the resolution.
th
Like the adopted budget, supplemental budget requests must be balanced; in
other words, net revenue and net expense for the request must be equal. This
can be accomplished by budgeting additional revenue, or by reducing another
expenditure category (such as contingencies).
DETAILS OF THIS REQUEST
General Fund Cap Construction Fund: Capital Outlay $225,000
The increase in Capital Outlay represents additional fundsneeded for the
Centennial Splash Pad project. Offsetting revenues will include the State Grant in
the amount of$121,752included in tonight’s agenda. The grant acceptance
includes a transfer from Parks SDCs of $103,248, to complete the needed funding
of $225,000.
Agenda Item Review:City Administrator ______CityAttorney______Finance_______
94
Honorable Mayor and City Council
September 26, 2016
Page 2
Parks SDC Fund: Transfers Out $103,248
The increase in Transfer Out represents a transfer to General Fund Cap
ConstructionFund 358 to be used as a match for a state grant for construction of
the Centennial Splash Pad improvement with an offsetting decrease in Reserves.
General Fund: Transfers Out$2,596
This transfer represents a correction to the recording of grant monies received in
a prior year. The revenue should have been recorded in Search & Seizure Fund
instead of the General Fund. As a result, the General Fund Contingency is being
reduced.
Search & Seizure Fund: Materials & Services$2,596
This $2,596 represents an increase in Materials & Services with an offsetting
revenue toTransfers In from the General Fund which correctlyrecords the receipt
of grant money.
FINANCIAL IMPACT:
Exhibit A displays the supplemental budget as posted in the newspaper.
95
COUNCIL BILL NO. 3019
RESOLUTION NO. 2086
A RESOLUTION APPROVING TRANSFERS OF FY 2016-2017APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET
ORS294.463(1) permits “transfers of appropriations” within any
WHEREAS,
fund “when authorized by official resolution or ordinance of the governing body”;
and
ORS294.463(2) limits “transfers of general operating contingency
WHEREAS,
appropriations to no more than fifteen (15) percent of the total appropriations of
the fund” unless adopted pursuant to a supplemental budget;and
transfers made pursuant to any of the above must state the need
WHEREAS,
for the transfer, the purpose for the authorized expenditure, and the amount of
the appropriation transferred; and
ORS294.471(1)(a) permits supplemental budgets when “an
WHEREAS,
occurrence of condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning”; and
ORS294.473requires the governing body to hold a public
WHEREAS,
hearing on the supplemental budget when the estimated expenditures
contained in the supplemental budget for fiscal yearor budget period differ by
ten(10) percent or more of any one of the individual funds contained in the
regular budget for that fiscal year; and
the transfers contained herein are made pursuant to ORS
WHEREAS,
294.463; and
the supplemental budgetcontained hereinis made pursuant to
WHEREAS,
ORS 294.471; and
a public hearing was held September 26, 2016onthe
WHEREAS,
supplemental budget changes,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That pursuant to the applicable ORS provisions cited above, the
Section 1.
City Council hereby approves the transfers of appropriations and supplemental
budget for FY 2016-17 in the amounts listed in Exhibit “A.”
Page 1 – COUNCIL BILL NO. 3019
RESOLUTION NO. 2086
96
Approved as to Form:
City AttorneyDate
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 – COUNCIL BILL NO. 3019
RESOLUTION NO. 2086
97
98
Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
Rate Adjustment for United Disposal Service, Inc.dba Republic
Services of Marion County-Woodburn
:
RECOMMENDATION
It is recommended the City Council conduct a public hearing pursuant to
Woodburn Ordinance 2460(Solid Waste Management Ordinance) to examine
and consider therevised rate schedule and corresponding request for a rate
increase proposed by United Disposal Service, Inc. dba Republic Services of
Marion County-Woodburn (Republic Services).Staff has prepared a proposed
resolution authorizing rate increases of 10.2% for residential, 15.6% for
commercial, and 11.2% for industrial customers, effective November 1, 2016.
:
BACKGROUND AND DISCUSSION
Republic Services serves 5,281residential homesand378 businesses with more
than 750 containersin Woodburn. They alsoprovided 2,370industrial hauls in
2015. According to Republic Services, 16 collections vehicles provide service
within the City.
In November2009, the City Council adopted Ordinance 2460 (see Attachment
A), which put into place a new Solid Waste Franchise Agreement.The
Agreement is set to expire in December 2016. While Republic Servicesand the
Cityhaveinitiated negotiations to renew the franchise, they have been put on
hold, given the significant nature of the requested rate increase, which is largely
driven by the fact that Marion County Environmental Services will implement
tipping fee increases for the first time in 20 years.
After discussing the process with representatives from Republic, we have
decided to address the rate change separate from the franchise renewal. The
rate change is a significant enough matterin and of itself, and we are
concerned that the issue will be further complicated if we also take on the task
of renewing the franchise at the same time.The current franchise allows for the
City to grant a one-year extension,which we will askthe City Council to do later
this calendar year. The extension will provide staff with enough time to prepare
the franchise renewalfor consideration by fall 2017.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
99
Honorable Mayor and City Council
September 26, 2016
Page 2
Section 4 of the franchise agreement addresses rates and criteria for increasing
refuse collection rates. In short, the agreement provides that the Franchisee
(Republic Services) shall have the right to charge and collect reasonable
compensation from those to which it furnishes franchised services.
In June2014, the City Council approved a rate adjustment of 4%. Prior to that,
the City Council approved rate increases of 3.2% in October 2012and 6.6% in
June 2010. The City also approved a 4% increase in 2006 and an 8% increase in
2005.
In April 2016, the Marion County Board of Commissioners adopted significant
increases in solid waste disposal fees, including a 30% increase in the per ton
tipping fee for franchised garbage haulers. These disposal fee increases, which
is the leading driver of Republic’s request,will go into effect onOctober 1, 2016.
On July 5, 2016, Republic Servicessubmitted their initial rate proposal to the City,
requesting a 13.2% increase toresidential and commercial, anda 4% increase
to industrial customers. In addition to the “haul” rates, Republic passes on
Marion County’s tipping fees to Industrialcustomers.
During early negotiations with Republic, we expressed ourdesire to keep costs
to residents as low as possible, while also acknowledging that the rate structure
must be modified to accommodate rising costs. To accomplish that objective,
Republic revised their proposal to include rate increases of 10.2% for residential,
15.6% for commercial, and 11.2% for industrial customers, whichstillresults in an
overall revenue increase of 13.2% (see Attachment B).
To help residential customers mitigate these increased costs, Republic Services
has indicated that theywill offer residents an optionfor downsizing their
garbage cartsby encouraging them tousetheir yard debris cart for organic
material.They report that individuals can divert 10-30% of their solid waste by
placing all yard debris, food waste,and other organic materialin an organics
container, as opposed to a trash receptacle.
A representative will attend the City Council meeting to answer any questions
you might have.Under Section 4 of Ordinance 2460, the Council may approve
or deny a rate increase based upon, but not limitedto, the following criteria:
Increases in operating or capital costs;
Increases in City population;
Extension of City boundaries;
Increase of intensive residential, commercial or industrial
development within the City;
100
Honorable Mayor and City Council
September 26, 2016
Page 3
Changes in solid waste or recycling technology;
Changes in regulatory requirements;
Inability of Franchisee to adequately handle increased needs for
said service;
The rates in other cities for similar services; and,
The public interest by assuring reasonable rates to enable
Franchisee to provide efficient and beneficial service to user of
the service.
Rate of Return (ROR) Discussion
Solid waste franchises around the state of Oregon typically target a projected
RORof 8% to 12%.The rationale behind this level of return is to recognize the
capital intensive nature of theindustry and the risk therein.The goal is to
compensate the franchisee with an appropriate cash flow to allow for the
routine purchase of replacement vehicles and containers provided to residents
and businesses.
In the past, the City has agreed to support the approach offunding capital
replacement programs via the revenues generated in their rate of return, and
not as an operation expense – thus, it should be noted that Republic Services
rate of return supports the capital expenditures for the serviceprogram
provided to customers.Republic Services supports this position in their proposal.
Rate Justification
Republic Services Statement of Income for the period ended December 31, 2015
2016NO %2016% ChgAnnualized
2015Rate ChgWITH WITH
Change Rate Rate
Change Change
Revenue $4,461,746$4,508,0081.0%$4,597,2663.0%$5,003,827
Cost of $3,515,710$3,716,4985.7%$3,720,6315.8%$4,048,411
Operations
Gross Profit$946,036$791,509-$876,636-7.3%$955,416
16.3%
Salaries, $527,193
General & $506,916$527,1934.0% $527,1934.0%
Administrative
Operating $439,120$264,317-$349,443-20.4%$428,223
Income 39.8%
Provision for $175,648$105,727-$139,777-20.4%$171,289
Income taxes39.8%
101
Honorable Mayor and City Council
September 26, 2016
Page 4
Income $263,472$158,590-$209,665-20.4%$256,934
39.8%
Income as % 5.9%3.5%-4.6%-5.1%
of Revenue
According to Republic Services, if the City Council does not approve the
requested rate increase, theprojected 2016 ROR will fall below industry
standardsof 8%. Republic Services’ (see above)
Statement of Incomefor the 12
shows total 2015 revenue (within the
months ending December 31, 2015
Woodburn Franchise Area) being , with operating cost totaling
$4,461,746
(all categoriese.g.
Costs of operations, Salaries General
$4,198,274
). This means that
Administration & Administration and Provision for Income Taxes
Republic Services’ net income was approximately , or ROR,was 5.9%in
$263,472
2015. The chart in Republic’s rate proposal (see Attachment B)also
demonstrates a 6.3% ROR in 2014.
Republic Services’ estimated revenues for 2016 remain relatively flat
), however operating costs are projected to increase to ,
($4,508,008$4,349,418
lowering theirrate of return to 3.5%, which is below what has been historically
allowed.
Should the City Council approve their requestedrate increase, Republic
Services estimates their 2016income to increase to . All operating
$4,597,266
categories also increase to , leaving an estimated 2016 annual
$4,387,601
income of . This results in a 2016ROR of4.6%.
$209,665
Since the proposed rate increases won't be effective until November 2016, it is
helpful to review a 12 month annualized forecast. According to the annualized
forecast, Republic estimates revenues of , operating expenses of
$5,003,827
, and income of . This results in an estimated ROR of 5.1%.
$4,746,893$256,934
:Republic Services was not audited.The information
Statement of Income
Note
provided to the City was used as the basis for our discussions and the analysis
included in this Agenda Item. Republicalso provided the City with a
comparison summary of the rates charged in the Woodburn franchise to those
in other area communities, which is included in their attached proposal. This
summary shows the proposed rates for Woodburn as slightly higher in some
cases, and slightly lower in others when compared to other jurisdictions.All in all,
staff found the proposed rate increase places the City in a comparable position
to the other communities used in the comparison.
Rate Impacts
102
Honorable Mayor and City Council
September 26, 2016
Page 5
Republic Services’ proposed rate increase of 13.2% (on average)is reflected
over the various volumes of users.Because the rate increases vary by user
categories, the impact is not uniform across residential, commercial, and
industrial users. Below is the current and proposed change to monthly residential
service (the full impact, by user category, is outlined in Attachment B):
Republic Services of MarionCounty
Proposed Monthly Residential Service Rates for Woodburn
ServiceCurrent Monthly Proposed Monthly
Rate
20 gal cart$20.80$22.92
$20.63
20 gal cart with no recycling/yard waste $18.20
service
35 gal cart$23.70$26.12
65 gal cart$33.60$37.03
90 gal cart$38.00$41.88
On Call Service per pick up$10.50$14.00
Additional 65G Yard Waste Cart $10.95$12.00
Recycle only $7.00$10.00
Additional Can, Bag, Boc (no change)$6.00$9.25
Return for Service fee$11.95$15.00
:
FINANCIAL IMPACT
The requested rate adjustment will increase ratesby varying degrees across all
customer categories, increasing Republic Services overall revenue by
approximately 13.2%. The10.2% increaseto residential users will result in
increased costs ranging from $2.12(20 gallon cart) to $3.88per-month (90 gallon
cart) depending on cart size. Commercial rates will increase 15.6% and industrial
rates will increase 11.2%.The franchise fee that Republic Services pays to the
City is projected to increase to nearly $232,000 on an annualized basis.
Attachments
Attachment A –Solid Waste Management Ordinance2460
Attachment B –Republic Services’ Rate Increase Proposal
103
Attachment A
104
Attachment A
105
Attachment A
106
Attachment A
107
Attachment A
108
Attachment A
109
Attachment A
110
Attachment A
111
Attachment A
112
Attachment A
113
Attachment A
114
Attachment A
115
Attachment A
116
Attachment A
117
Attachment A
118
Attachment A
119
Attachment A
120
Attachment A
121
Attachment A
122
Attachment A
123
Attachment A
124
Attachment A
125
Attachment A
126
Attachment A
127
Attachment A
128
Attachment A
129
Attachment A
130
Attachment A
131
Attachment A
132
Attachment A
133
Attachment A
134
Attachment A
135
Attachment A
136
Attachment B
September 7 th, 2016
Honorable Kathy Figley, Mayor and
Members of the City Council
City of Woodburn
270 Montgomery ST
Woodburn, OR 97071
RE: Rate Adjustment
Dear Mayor and Councilors:
Republic Services, Inc. is requesting an aggregate rate adjustment of 13.2%, effective November 1, 2016
to continue providing the quality services specified in our franchise with the City of Woodburn. The city la
st approved a 4.0% rate adjustment for our company effective July 1, 2014.
The effect of this rate adjustment for the approximate one-half of our residential Woodburn customers wh
ouse 35-gallon roll carts would be $3.13 per month.
A number of changes have occurred since our last rate adjustment. These changes have negatively imp
acted our rate of return. Our company has virtually no ability to control these increases in operating costs
.
Inflation increased 5.56%
Marion County raised disposal rates 29.65% effective October 1 st, 2016
Labor has increased 17% since the 2014 rate adjustment
Declining recycling commodity revenue. Commodity revenue in 2013 was about 4-5% of gross
revenue. Today this revenue is less than 2% of gross revenue.
Our company has 31 full-time employees and 16 collection vehicles dedicated to serve our residential, co
mmercial and industrial customers in the City of Woodburn. These employees consist of managers, colle
ction vehicle drivers, mechanics and customer service representatives. This employee count does not inc
lude our general and administrative employees, such as accounting, customer billing, purchasing, etc., w
ho provide support services for the operation.
It is a pleasure to be of service to the Woodburn community. Thank you for this opportunity.
Respectfully,
Jason Jordan, General Manager
CC: Matt Cofer, Operations Manager
Rebecca Karageorge, Assistant Division Controller
Ray Phelps, Regulatory Affairs Manager
137
Attachment B
138
Attachment B
139
Attachment B
140
Attachment B
141
Attachment B
142
Attachment B
143
Attachment B
144
Attachment B
145
Attachment B
146
Attachment B
147
Attachment B
148
Attachment B
149
Attachment B
150
Attachment B
151
Attachment B
152
COUNCIL BILL NO. 3020
RESOLUTION NO. 2087
A RESOLUTION APPROVINGAN ADJUSTED RATE SCHEDULE FOR PROVIDING SOLID
WASTE SERVICE WITHIN THE CITY OF WOODBURN AND REPEALING RESOLUTION
2049
Ordinance 2460grants an exclusive franchise to United Disposal
WHEREAS,
Services, Inc. (“United Disposal”)dba Allied Waste Services of Marion County-
Woodburnto collect, transport, and convey solid waste in the City; and
Allied Waste Services of Marion County has merged into
WHEREAS,
Republic Services and United Disposal, Inc. now does business as Republic
Services of Marion County-Woodburn; and
the City Council previously adopted Resolution 2049 which
WHEREAS,
established certain rates; and
Republic Serviceshas requested an adjustment to its residential,
WHEREAS,
commercial, and Industrialrates and has submitted satisfactory evidence to the
City Council to justify the proposed rate schedule;and
the City Council conducted a public hearing to receive
WHEREAS,
testimony and other evidence regarding the proposed rate schedule;
NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the Council finds that the rates proposed by United
Section 1.
DisposalInc., dba Republic Services of Marion County-Woodburnare fair and
appropriate under the existing franchise. In making this determination, the
Council has considered the following factors pursuant to Section 4 of Ordinance
2460:
(1)increases in operating or capital costs;
(2) increases in City population;
(3) extension of City boundaries;
(4) increase of intensive residential, commercial or industrial
development within the City;
Page 1 – Council Bill No. 3020
Resolution No. 2087
153
(5) changes in solid waste or recycling technology;
(6) changes in regulatory requirements;
(7) inability of Franchisee to adequately handle increased
needs for said service;
(8) the rates in other cities for similar services;and
(9)the public interest by assuring reasonable rates to enable
Franchisee to provide efficient and beneficial service to
user of the service.
That the rate schedule affixed as Exhibit “1” and by this
Section 2.
reference incorporated herein, is approved.
. The rate schedule approved in Section 2 of this resolution shall
Section 3
be effectiveNovember 1, 2016.
Resolution 2049 is repealed effective November 1,2016.
Section 4.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 – Council Bill No. 3020
Resolution No. 2087
154
Exhibit
155
Exhibit
156
Exhibit
157
Exhibit
158
Exhibit
159
Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Eric Liljequist, City Engineer
VIA:Randy Scott, Public Works Director
SUBJECT:
Acceptance of a Public Utility Easement at 2851 W. Hayes Street,
Woodburn, OR 97071 (Tax Lot 052W12C01203)
RECOMMENDATION:
That the City Council acceptthePublic Utility Easement located at 2851 W. Hayes
Street, granted by Kirkstone Investments LLC.
:
BACKGROUND
Thepublic utility easement is required by the Woodburn Development Ordinance
(WDO) asa condition of approval for building permitB16-692.This public utility
easement will allow the installation of public utilities through the entire property
frontage along both Harvard Drive and W. Hayes Street.
:
DISCUSSION
Per the WDO, the Public Utility Easement is a 5 foot wide easement that is located
along the existing property frontage along both Harvard Drive and W. Hayes
Streetwithin the proposedDevelopment at 2851 W. HayesStreet, Woodburn OR
97071. It providesa permanent easement and right-of-way to construct,
reconstruct, operate, and maintain public utilities.
FINANCIAL IMPACT:
There is no cost to the City for this Public Utility Easement.
ATTACHMENTS
ACopy of the properly signed public utility easement document is included as
Attachment “A”
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
160
Mayor and City Council
September 26, 2016
Page 2
ATTACHMENT A
161
Mayor and City Council
September 26, 2016
Page 3
162
Mayor and City Council
September 26, 2016
Page 4
163
Mayor and City Council
September 26, 2016
Page 5
164
Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council through City Administrator
FROM:Kristin Wierenga, Recreation Services Manager
Via:Jim Row, Assistant City Administrator
SUBJECT:
Centennial Park Splash Pad Grant Agreement
RECOMMENDATION:
Authorize the City Administrator to enter into the enclosedLocal Government
Grant Agreement with the Oregon Parks and Recreation Department. The
$121,752grant was awarded for theCentennial Park Splash PadProject.
BACKGROUND:
The Community ServicesDepartment, working through the Recreation and Park
Board and with the community, has identified the need to construct a splash
pad at Centennial Park.
This project involves the installation of a splash pad with all necessary
components including piping, electrical, storm drainagerain garden,irrigation,
landscaping, etc.The project meets the funding criteria for the State’s Local
Government Grant Program, which requires a 40% local match of cash,
contributions of materials, and volunteer labor.
:
DISCUSSION
The 2009 Parks and Recreation Master Plan recognizes the need for a splash
pad/ water feature and lists it as a priority to be completed in the 2013–2016
planning horizon. During the January 2016 Recreation and Park Board goal
setting workshop, the Board reviewed a community survey that asked the
community to rank potential park projectpriorities for the year. In that survey,
the community identified the Centennial Park Splash Pad project as the highest
priority project for 2016. The Recreation and Park Board also recognizes the
need for a splash pad in the community.
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Honorable Mayor and City Council
September 26, 2016
Page 2
Much of the design work for the splash pad was completed in 2009, as plans
were being finalized for the last phase of improvements to Centennial Park.
However, available funding was inadequate at the time and the splash pad
was put on hold.With muchof the design work already completed, we expect
to have the project ready to bid this fall.Construction should takeplace in
spring 2017, with a planned opening inearly summer 2017.
The Local Government Grant program, which is funded by Oregon Lottery
proceeds, continues to be the strongest source of park development funds
available to the City. This project was verycompetitive, ranking 5out of 38
th
projects competing for funds in the largegrant (greater than $75,000) category.
FINANCIAL IMPACT:
The $121,752Local Government Grant will be matched with$103,248 in Parks
SDCs. The total project budget of $225,000 includes a reasonable contingency.
Included in the project budget is a $30,000 Water SDC charge for the upsized
water service. All or a portion of the $30,000 budgeted for design and
construction management services will be performed by in-house engineering
employees, with those costs being reimbursed to theGeneral Fund.
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Agenda Item
September 26, 2016
TO:Honorable Mayor and City Council
FROM:Randy Scott, Public Works Director
JimHendryx, Community Development Director
Jamie Johnk, Economic Development Director
SUBJECT:
Special Public Works Fund (SPWF) , Technical Assistance Grant: SWIR
Infrastructure Planning Project
:
RECOMMENDATION
Accept the Special Public Works Technical Assistance grant funds of $60,000 for
the SWIR Infrastructure Planning Area Project and authorize staff to move forward
with project implementation.
BACKGROUND:
At the August 8, 2016 City Council meeting, staff shared that they had applied for
a $60,000 SPWF Technical Assistance grant for the purpose of reviewing and
substantiating the existing Public Facilities Plan and complete an engineering
analysis to determine infrastructure (streets, storm, sewer, and, utilities, etc.) costs,
timeline, funding options and next steps.
DISCUSSION:
Since the August meeting, staff has received confirmation of the award of the
SPWF Technical Assistance grant from Business Oregon’s Infrastructure Finance
Authority (IFA).
This award is a great opportunity for Woodburn, it provides collaboration with our
State economic development partners (Business Oregon) and will bring more
awareness to the area for business and industrial planning and development.
FINANCIAL IMPACT:
$60,000
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S1-KT
ECTION EY ERMS
S2-FA
ECTION INANCIAL SSISTANCE
S3-D
ECTION ISBURSEMENTS
Infrastructure Finance AuthorityA17002 Woodburn Contract.docx
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S4-CP
ECTION ONDITIONS RECEDENT
S5-UFA
ECTION SE OF INANCIAL SSISTANCE
Infrastructure Finance AuthorityA17002 Woodburn Contract.docx
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S6-RWR
ECTION EPRESENTATIONS AND ARRANTIESOF ECIPIENT
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S7-CR
ECTIONOVENANTS OF ECIPIENT
Industrial Lands. The land involved in this Project must remain zoned industrial and not be converted
to another use for at least 5 years after the completion of the Project.
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I. Professional Responsibility.
\]
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S8-D
ECTION EFAULTS
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S9-R
ECTION EMEDIES
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S10-M
ECTION ISCELLANEOUS
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SO CW
TATE OF REGON ITY OF OODBURN
ALSORS291.047:
PPROVED AS TO EGAL UFFICIENCY IN ACCORDANCE WITH
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EA-GD
XHIBIT ENERAL EFINITIONS
EC-PD
XHIBIT ROJECT ESCRIPTION
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Exhibit D: Project Budget
IFA FundsOther / Matching Funds
ActivityApproved BudgetApproved Budget
Engineering – Professional Services$60,000$10,590
Total$60,000$10,590
A17002 Woodburn Exhibit D Budget.xlsx
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