February 25, 2019 Agenda EIC SWENSON,MAYOR
CITY OF WOODBURN JUAN SERRAT SR COUNCILOR WARD I
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
FEBRUARY 25, 2019- 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI
WOODBURN POLICE DEPARTMENT COMMUNITY ROOM- 1060 MT. HOOD AVE
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
A. Tourism Advisory Committee Appointment 1
- Michelle Te
- Phillip Corcoran
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda. Comment time will be
limited to 3 minutes.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
February 25, 2019 Council Agenda Page i
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council minutes of February 11, 2019 2
Recommended Action: Approve the minutes.
B. Creation of a Railroad Quiet Zone for the City of Woodburn 6
Recommended Action: Receive the report.
C. Business Oregon Brownfields Redevelopment Fund Grant 9
Recommended Action: Receive the report.
D. Crime Statistics through January 2019 20
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Annexation of Approximately 24.65 Acres of Territory Known as 25
Lowrie Property at 9008 Parr Rd NE (ANX 2018-02)
B. FY 2018-2019 Supplemental Budget Request #2 42
11. GENERAL BUSINESS-Members of the public wishing to comment on items of general
business must complete and submit a speaker's card to the City Recorder prior to
commencing this portion of the Council's agenda. Comment time will be limited to
3 minutes.
A. Council Bill No. 3088 -An Ordinance Amending Ordinance 2312 (The 45
Woodburn Noise Ordinance)to Clarify and Strengthen it and Declaring
an Emergency
Recommended Action: Adopt amendments to the Woodburn Noise
Ordinance.
B. Council Bill No. 3089 - A Resolution Approving Transfers of FY 2018-2019 76
Appropriations and Approving a Supplemental Budget
Recommended Action: Hold a public hearing and adopt the
attached resolution approving a supplemental budget for various
funds for fiscal year 2018-2019.
C. Council Bill No. 3090 -A Resolution Authorizing a Full Faith and Credit 78
February 25, 2019 Council Agenda Page ii
Borrowing and Related Matters
Recommended Action: That the City Council approve the resolution
Prepared by Bond Counsel authorizing the City Administrator, the
Finance Director, or their designee, to negotiate the terms to finance
up to $2.0 million for the City Hall Renovation project ("Project").
D. Award of Construction Contract for the N. First Street Improvements 83
Project
Recommended Action:
1 . That the City Council, acting in its capacity as the Local Contract
Review Board, award the construction contract for the N. First Street
Improvements Project to the lowest responsible and responsive
bidder, Pacific Excavation Inc., in the amount of $3,688,000.00.
2. That the City Council authorize an additional $300,000 for this project
as a contingency for potential project change orders that may
occur during the construction process.
E. City Council Goal Setting Special Meeting Draft Agenda 85
Recommended Action:The Mayorwill facilitate City Council discussion
on the City Council Goal Setting Draft Agenda.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
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
None.
16. ADJOURNMENT
February 25, 2019 Council Agenda Page iii
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February 20, 2019
TO: City Council
FROM: Eric Swenson, Mayor
SUBJECT: Committee Appointments
The following appointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, February 25, 2019. No reply is required if you approve of my decision.
Tourism Advisory Committee
- Michelle Te
- Phillip Corcoran
1
COUNCIL MEETING MINUTES
FEBRUARY 11, 2019
0:00 DATE POLICE DEPARTMENT COMMUNITY ROOM, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 11, 2019
CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Serratos Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Human
Resources Director Gregg, Deputy Police Chief Pilcher, Communications Coordinator
Moore, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson
ANNOUNCEMENTS
City Hall and the Library will be closed on February 18 in observance of President's Day. The
Aquatic Center and Transit will be open regular business hours that day.
APPOINTMENTS
Carney/Ellsworth...approve the appointments of Ayanna Zamora—Position VI,
Sonny Ybarra—Position IV, and Alexandra Sanarov-Ramirez—Student Position H, to the
Woodburn Recreation and Park Board. The motion passed unanimously.
WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY
Woodburn Police Chief Ferraris administered the oath of office to Andy Shadrin who has been
promoted to Lieutenant.
Mayor Swenson called for a 15-minute recess.
BUSINESS FROM THE PUBLIC
Charlie Piper, 2625 Meadow Lane, stated that he is there in his capacity as the Chairman of
the Planning Commission and asked that the City Council make sure they keep the Hayes
Street at Settlemier project a priority.
CONSENT AGENDA
A. Woodburn City Council minutes of January 28, 2019,
B. Report on Electric Fences,
C. City Administrator Employment Agreement,
D. Briefing: Planning Commission Meeting to Host Discussion of Rent Burden/Housing
Affordability as Required by HB 4006 and OAR 813-112-0030,
E. Crime Statistics through December 2018.
Human Resources Director Gregg provided a staff report on the City Administrator's
Employment Agreement explaining that the change would align the language in his contract
Page 1 - Council Meeting Minutes, February 11, 2019
2
COUNCIL MEETING MINUTES
FEBRUARY 11, 2019
regarding vacation with standard contract language. Carney/Morris... adopt the Consent
Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3087 — A RESOLUTION SETTING THE AMOUNT OF THE
PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGES UNDER AN
EXISTING METHODOLOGY; ESTABLISHING AN ALTERNATIVE RATE
REVIEW FEE; AND SETTING AN EFFECTIVE DATE FOR IMPOSITION OF THE
FEES AND CHARGES
Carney introduced Council Bill No. 3087. Assistant City Administrator Row provided a staff
report. City 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 Swenson
declared Council Bill No. 3087 duly passed.
AWARD OF CONSTRUCTION CONTRACT FOR THE WOODBURN CITY HALL
INTEGRATED AUDIOVISUAL SYSTEMS PROJECT
Assistant City Administrator Row provided a staff report. Carney/Ellsworth... to approve
contract. Councilor Morris asked Councilor Carney for clarification on if the approval was in
the amount of$86,521.10 and Councilor Carney answered that yes,it was. The motion passed
unanimously.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
Call-Up Briefing: Planning Commission Approval of Variance Application for Mid-
Valley Community Church Gravel Driveway at 591 Gatch St(VAR 2018-03)
Planning Director Kerr provided a presentation on the application. There was a question on
the provision of the application that lists that no construction of the Mill Creek Greenway
Trail on the property would occur until January 2, 2035. Charlie Piper, Planning Commission
Chair, stated that the testimony Mr. Lenhardt, who testified in favor of the variance but in
opposition to the Mill Creek Greenway generally, motivated the Planning Commission to
choose the January 2,2035 date to help get the access easement for the City. Councilor Morris
stated that he does not believe we are going to make anything better by calling this up,what's
done is done. He added that moving forward he does not think this should be done again and
it should not set a precedent. He added that he recommends not calling this up. Mayor
Swenson stated based on what Councilor Morris said he would be in favor of calling it up so
that it does not set a precedent. Councilor Carney stated that he agrees with the Mayor.
Councilor Serratos stated that the Planning Commission has done a lot of work on this and
had a hearing and he is not sure that we could find a better solution for this. Councilor
Ellsworth stated that she believes they have charged the Planning Commission to do their due
diligence and listen and attend the hearings, and that she is a little uncomfortable with the 15
years but it is getting the City the easement, which seems like a semi reasonable solution.
Councilor Cornwell stated that the City Council should work with what the Planning
Commission came up with. Councilor Schaub stated that she agrees with what has been said
but does not recommend calling it up. Councilor Carney moved to call this item up and put
into effect the procedures that have been outlined by Director Kerr. There was no second to
the motion. The City Council declined to call this item up.
Call-Up Briefing: Planning Commission Approval of a Modification to Conditions of
Page 2 - Council Meeting Minutes, February 11, 2019
3
COUNCIL MEETING MINUTES
FEBRUARY 11, 2019
Approval for Lincoln Street Apartments Landscaping Plan at 1245-1255 E. Lincoln St.
(MOC 2018-01)
The City Council declined to call this item up.
CITY ADMINISTRATOR'S REPORT
City Administrator Derickson reported the following:
— The bid process for the Pix Theater has been extended by one week so the City could
complete some additional structural engineering analysis. He added that there is some
concern regarding the common wall that is shared with the adjoining structure and we
don't know that we will get a proper bid on the project unless we have addressed that
issue to the satisfaction of the bidders. We hope to have the bid award at the March
11, 2019 City Council Meeting.
— The First Street Construction bid award is still scheduled and on track for the February
25, City Council Meeting.
— The Peace Pole for City Hall is completed and the pole will be installed when the City
Hall Project is done. He added that the project would include some landscaping and a
rose garden area.
— John Morgan,who will be the facilitator for the March 2, Goal Setting Retreat,will be
attending the Mayor and Council President meeting this Wednesday to work through
the agenda of the meeting. He added that a finalized agenda for the retreat will be
placed on the February 25, City Council Meeting Agenda.
— The City received an $18,000 Brownfield Grant to remove the tanks as part of the First
Street Project and the acceptance of the grant will be on the February 25, City Council
Meeting Agenda. However, work on the project will be begin the week of February
18.
— The League of Oregon Cities asked him to fill a vacancy on the Department of Public
Safety Standards and Training Board of Directors and he agreed to serve. He noted
that the agency issues and revokes credentials and sets training standards and practices
for police agencies in Oregon.
— The Parr Road Annexation is coming to the City Council for a quasi-judicial hearing
on February 25. He reminded Councilors to avoid any conversations about it and to
direct them to come speak at the hearing to get their comments in the record.
— The Noise Ordinance revisions are on track for the February 25, City Council Meeting.
— A community center update will be presented at the March 11, City Council Meeting.
The presentation will include the first cost estimates for the project.
— During inclement weather people can check the City's Facebook page to find out what
City services are closed or may be opening late. He noted that critical staff do come
Page 3 - Council Meeting Minutes, February 11, 2019
4
COUNCIL MEETING MINUTES
FEBRUARY 11, 2019
in and work when it snows.
MAYOR AND COUNCIL REPORTS
Councilor Schaub stated that she was glad she attended the celebration for Kathy Figley and
Frank Lonergan. She asked if the Council would support asking or if Mayor Swenson would
consider offering a letter collaborating on better communication, such as public meetings, and
rumor control with Woodburn Estates and Golf.
Councilor Ellsworth stated that it's time for Relay for Life and they have partnered with
Molalla and Canby to make up the South Clackamas Relay. The event will be held June 29
from 11:00 a.m. to 11:00 p.m. at the Wooden Shoe Tulip Farm. The kick-off event is
happening February 23, from 4-7 p.m. at the Wooden Shoe Tulip Farm. She noted that she
also went to the celebration for Kathy Figley and Frank Lonergan and that it was really nice
to see quite a few leaders from surrounding communities attend. She mentioned that the work
that Kathy and Frank did has had a positive effect on our community and those around us.
She also stated that it appears that February 25, is looking to be a long meeting.
City Administrator Derickson stated that there is a lot coming on the next agenda, including
two hearings and a presentation on the proposed modifications to the Noise Ordinance.
Councilor Morris asked that since this is a big meeting that everyone check their schedules to
make sure there is a quorum that night.
Councilor Cornwell stated that she appreciates the youth that the Council represents and that
there was some great dancing happening at the Celebration of Leaders event and she hopes
there are more events that encourage festive dancing.
Mayor Swenson provided the City Council with the goals from 2015/16 and 2017/18, and the
retreat summary from a few years ago for their review. He mentioned that there have been
180 responses to the goal setting survey. He stated that he met with the Mayor of Hubbard
Last week.
ADJOURNMENT
Morris/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:48 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, February 11, 2019
5
OO Yom`B V RN
February 25, 2019
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Creation of a Railroad Quiet Zone for the City of Woodburn
INTENT
At the request of Mayor Swenson, I am providing this memorandum to the City
Council to summarize information regarding the process for establishing of a
Railroad Quiet Zone throughout the City. State and Federal law provides a
clearly defined process for establishing a Quiet Zone and provided within the
content of this memorandum is information outlining the relevant procedures
and considerations.
BACKGROUND
Following is an excerpt from the Federal Railroad Administration's (FRA) Guide to
the Quiet Zone Establishment Process: "A quiet zone is a section of a rail line at
least one half mile in length that contains one or more consecutive public
highway rail grade crossings at which locomotive horns are not routinely
sounded when trains are approaching the crossings. The prohibited use of train
horns at quiet zones only applies to trains when approaching and entering
crossings and does not include train horn use within passenger stations or rail
yards. Train horns may be sounded in emergency situations or to comply with
other railroad or FRA rules even within a quiet zone. Quiet zone regulations also
do not eliminate the use of locomotive bells at crossings. Therefore, a more
appropriate description of a designated quiet zone would be a `reduced train
horn area'."
A major national rail link bisects the community of Woodburn. As many as 35
trains per day can pass through Woodburn. As train traffic and transit speed
increases, so does public complaints regarding the noise of the trains passing
through town. Most complaints focus on the locomotive horn warning, though
6
Honorable Mayor and City Council
February 25, 2019
Page 2
Public Works has received complaints from locomotive engine noise and wheel
to rail noise as well.
The procedures for executing the necessary capital improvements to establish a
Quiet Zone are quite involved and have proven for many communities to be too
expensive to pursue. Conversations with Oregon Department of Transportation
staff indicate that it is common for communities to inquire about and/or initiate
the process of establishing a Quiet Zone, only to abandon their efforts due cost
considerations.
DISCUSSION
The Federal Railroad Administration (FRA) requires a train to sound its horn for 15
to 20 seconds in advance of grade crossings, day or night. If there are multiple
grade crossings in close proximity of each other, as is the case with the City of
Woodburn, the horn needs to be sounded for each of them. The City of
Woodburn has 5 at grade crossings in 2.76 miles within our City limits. Depending
on the speed of the train, the time between train horn warnings will vary. In
some cases, between Cleveland and Hardcastle, there is virtually no gap
between horn warnings for these four crossings. The train must also provide a
horn warning when there are workman, equipment, and trespassers present
within close proximity of the tracks.
The only means available to a community to reduce the noise intrusion from
train horn warnings it to establish a Quiet Zone. This is not an easy or inexpensive
process to accomplish. The State of Oregon has exclusive jurisdiction over
grade crossings and the Federal government, through the FRA, has exclusive
jurisdiction over how trains operate and the safety measures required for train
operations. Therefore, the establishment of a Quiet Zone entails improvements
to the grade crossings that would compensate for a train not sounding a horn
warning.
Grade crossings are enhanced by the using a Supplemental Safety Measure
(SSM). SSMs are engineering improvements, which when installed at crossings
within a Quiet Zone, would reduce the risk of a collision at the crossing.
Approved SSMs include:
• Four quadrant gates.
• Medians or channelization devices at gated crossings.
• One-way streets equipped with gates that fully block the street.
7
Honorable Mayor and City Council
February 25, 2019
Page 3
• Temporary crossing closure (i.e. nighttime closure).
The procedures established for creating a Quiet Zone also have a provision for
an Alternative Safety Measure or ASM. ASMs are a safety system or procedure
provided by the appropriate traffic control authority which, after individual
review and analysis, is determined by the FRA to be an effective substitute for
the locomotive horn at specific crossings. ASMs may include:
• Modified SSMs.
• Programmatic law enforcement.
• Programmatic education.
• Photo enforcement.
Utilizing the ASM approach to the establishment of a Quiet Zone may result in a
reduced capital improvement cost, but will involve more analysis and
administrative costs to get implemented. Also, the long-term, ongoing costs of
increased law enforcement and public education must be factored in when
considering the option of implementing an Alternative Safety Measure.
SUMMARY
While it is possible for the City to purse implementation of a Quiet zone, the
project would constitute a major capital improvement project. Due to our street
system and the proximity of Front Street to the railroad tracks, we are very limited
in the Supplemental Safety Measures that we can employ to compensate for
the absence of the locomotive horn warning.
My preliminary estimate for installation of the four quadrant gate system is
$1 ,000,000 per crossing. This estimate is based upon recent cost estimates from
Union Pacific Railroad (UPRR) for grade crossing improvements that will be done
by UPRR at the Hardcastle Avenue Realignment at Railroad Project. Although
they are not necessarily the same exact improvements, the costs should provide
a representative order-of-magnitude estimate of anticipated safety
improvement costs required to implement a railroad quiet zone. In addition, the
City is currently obligated to pay approximately $1,000,000 for the upgrades to
the Hardcastle Avenue/Front Street railroad crossing. Therefore, the total
preliminary estimated cost to the City, including the upgrades at Hardcastle
Avenue, is $6,000,000.
8
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February 25, 2019
TO: Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
SUBJECT: Business Oregon Brownfields Redevelopment Fund Grant
RECOMMENDATION:
Receive the report.
BACKGROUND:
In spring 2019, the City of Woodburn will begin the redevelopment of First Street
from Oak to Harrison Streets. The property located at N. First and Grant Street
(173 Grant Street) operated for years as Centro Gas & Market. Though the gas
station has not been operational for many years, there remains three
underground tanks on the property. The tanks were decommissioned in 2006
however; the tanks remain on site and partially in public right of way. In order to
complete the First Street Improvements Project, these underground tanks must be
removed.
The City has discussed the need to remove the underground tanks with the
current property, Karen Frackowiak, and has entered into Joint Fuel Tank
Decommissioning and Environmental Mitigation Project Agreement to complete
the work. The property owner has provided that she has no financial means to
pay for the remediation and, as the City is unable to proceed with the First Street
project unless the tanks are removed, the City has committed to assume financial
responsibility of the tank removal. A Memorandum of Trust Deed has been
recorded for the property owner's portion of project costs.
The City has contracted with Pacific Northern Environmental Company dba
Cowlitz Clean Sweep to remove the underground storage tanks per DEQ
standards for a contract amount of $27,785 (approved 12-10-2018). Additional
project costs for DEQ review and staff costs ($8,215) brings the total project cost
for underground tank removal to $36,000.
Agenda Item Review: City Administrator_x City Attorney_x_ Finance—X-
9
Honorable Mayor and City Council
February 25, 2019
Page 2
DISCUSSION:
In December 2018, staff submitted a funding request of $18,000 (50%) to Business
Oregon's Brownfields Redevelopment Fund Grant program for the 173 Grant
Street Underground Tank Cleanup Project.
On January 8, 2019, staff was informed that the City received approval of the
$18,000 funding request for the 173 Grant Street Underground Tank Cleanup
Project.
FINANCIAL IMPACT:
The $18,000 grant from Business Oregon Brownfields Redevelopment Fund Grant
will offset allocated Urban Renewal funds for the First Street Improvement Project.
10
OREGON BUSINESS DEVELOPMENT DEPARTMENT
BROWNFIELDS REDEVELOPMENT FUND
GRANT CONTRACT
Project Name: 173 Grant Street Underground Storage Tank Cleanup Project
Project Number: N19023
This financing contract("Contract"), dated as of the date the Contract is fully executed, is made by the
State of Oregon, acting by and through its Oregon Business Development Department("OBDD"), and
the City of Woodburn ("Recipient") for financing of the project referred to above and described in
Exhibit B ("Project"). This Contract becomes effective only when fully signed and approved as required
by applicable law. Capitalized terms not defined in section 1 and elsewhere in the body of the Contract
have the meanings assigned to them by Exhibit A.
This Contract includes the following exhibits, listed in descending order of precedence for purposes of
resolving any conflict between two or more of the parts:
Exhibit A General Definitions
Exhibit B Project Description
Exhibit C Project Budget
SECTION 1-KEY TERMS
The following capitalized terms have the meanings assigned below.
"Estimated Project Cost" means $36,000.
"Grant Amount" means $18,000.
"Project Closeout Deadline" means 90 days after the earlier of the actual Project Completion Date or the
Project Completion Deadline.
"Project Completion Deadline" means 36 months after the date of this Contract.
SECTION 2-GRANT EDWARD
The OBDD shall provide Recipient, and Recipient shall accept from OBDD, financing for the Project
specified as a grant(the "Grant") in an aggregate amount not to exceed the Grant Amount.
Notwithstanding the above, the aggregate total of the Grant disbursed under this Contract cannot exceed
the Costs of the Project.
SECTION 3-DISBURSEMENTS
A. Reimbursement Basis. The Grant will be disbursed to Recipient on an expense reimbursement or
costs-incurred basis. The Recipient must submit each disbursement request for the Grant on an
OBDD-provided or OBDD-approved disbursement request form ("Disbursement Request").
B. Financing Availability_. The OBDD's obligation to make, and Recipient's right to request,
disbursements under this Contract terminates on the Project Closeout Deadline.
N19023 Woodburn Contract.docx Page 1 of 9
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SECTION 4-CONDITIONS PRECEDENT
A. Conditions Precedent to OBDD's Obligations._ The OBDD's obligations are subject to the receipt of
the following items, in form and substance satisfactory to OBDD and its Counsel:
(1) This Contract duly signed by an authorized officer of Recipient.
(2) Such other certificates, documents, opinions and information as OBDD may reasonably
require.
B. Conditions to Disbursements. As to any disbursement, OBDD has no obligation to disburse funds
unless all following conditions are met:
(1) There is no Default or Event of Default.
(2) The representations and warranties made in this Contract are true and correct on the date of
disbursement as if made on such date.
(3) The OBDD, in the reasonable exercise of its administrative discretion, has sufficient moneys in
the Fund for use in the Project and has sufficient funding, appropriations, limitations,
allotments and other expenditure authority to make the disbursement.
(4) The OBDD (a) has received a completed Disbursement Request, (b) has received any written
evidence of materials and labor furnished to or work performed upon the Project, itemized
receipts or invoices for payment, releases, satisfactions or other signed statements or forms as
OBDD may require, (c) is satisfied that all items listed in the Disbursement Request are
reasonable and that the costs for labor and materials were incurred and are properly included in
the Costs of the Project, and(d)has determined that the disbursement is only for costs defined
as eligible costs under the Act and any implementing administrative rules and policies.
(5) The Recipient shall demonstrate, to the satisfaction of OBDD, that it has obtained all other
funds that are necessary to complete the Project.
(6) The Recipient has delivered documentation satisfactory to OBDD that any requested pre-award
expenditures meet all programmatic eligibility requirements, including, but not limited to, the
nature of the activity, when the activity took place, and cost.
(7) Any conditions to disbursement elsewhere in this Contract or in the other Financing
Documents are met.
SECTION 5-USE OF FINANCIAL ASSISTANCE
A. Use of Proceeds. The Recipient shall use the Grant only for the activities described in Exhibit B and
according to the budget in Exhibit C. The Recipient may not modify line items or amounts in the
budget without the prior written consent of OBDD. Recipient will not use the Grant moneys to retire
any debt.
B. Costs of the Project. The Recipient shall apply the Grant to the Costs of the Project in accordance
with the Act and Oregon law, as applicable. The Grant cannot be used for costs in excess of one
hundred percent(100%) of the total Costs of the Project.
C. Costs Paid for by Others. The Recipient may not use any of the Grant to cover costs to be paid for by
other financing for the Project from another State of Oregon agency or any third party.
N19023 Woodburn Contract.docx Page 2 of 9
12
SECTION 6—REPRESENTATIONS AND WARRANTIES OF RECIPIENT
The Recipient represents and warrants to OBDD:
A. Estimated Project Cost, Funds for Repayment. A reasonable estimate of the Costs of the Project is
shown in section 1, and the Project is fully funded.
B. Organization and Authority.
(1) The Recipient is a municipality, validly organized and existing under the laws of the State of
Oregon.
(2) The Recipient has all necessary right,power and authority under Oregon law to (a) execute and
deliver this Contract, (b) incur and perform its obligations under this Contract, and (c)receive
financing for the Project.
(3) This Contract has been duly executed by Recipient, and when executed by OBDD, is legal,
valid and binding, and enforceable in accordance with its terms.
C. Full Disclosure. The Recipient has disclosed in writing to OBDD all facts that materially adversely
affect the Project, or the ability of Recipient to make all payments and perform all obligations
required by this Contract. The Recipient has made no false statements of fact, nor has it omitted
information necessary to prevent any statements from being misleading. The information contained
in this Contract is true and accurate in all respects.
D. Pending Liti_ag tion. The Recipient has disclosed in writing to OBDD all proceedings pending (or to
the knowledge of Recipient, threatened) against or affecting Recipient, in any court or before any
governmental authority or arbitration board or tribunal, that, if adversely determined, would
materially adversely affect the Project or the ability of Recipient to perform all obligations required
by this Contract.
E. No Defaults.
(1) No Defaults or Events of Default exist or occur upon authorization, execution or delivery of
this Contract.
(2) The Recipient has not violated, and has not received notice of any claimed violation of, any
agreement or instrument to which it is a party or by which the Project or its property may be
bound, that would materially adversely affect the Project or the ability of Recipient to perform
all obligations required by this Contract.
F. Compliance with Existing Agreements and Applicable Law. The authorization and execution of, and
the performance of all obligations required by, this Contract will not: (i) cause a breach of any
agreement or other instrument to which Recipient is a party or by which the Project or any of its
property or assets may be bound; (ii)violate any provision of the charter or other document pursuant
to which Recipient was organized or established; or(iii)violate any laws, regulations, ordinances,
resolutions, or court orders related to Recipient, the Project or its properties or operations.
G. Governmental Consent. The Recipient has obtained or will obtain all permits and approvals, and has
made or will make all notifications, declarations, filings or registrations, required for the making and
performance of its obligations under this Contract for the financing and undertaking and completion
of the Project.
N19023 Woodburn Contract.docx Page 3 of 9
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SECTION 7—COVENANTS OF RECIPIENT
The Recipient covenants as follows:
A. Notice of Adverse Change. The Recipient shall promptly notify OBDD of any adverse change in the
activities,prospects or condition (financial or otherwise) of Recipient or the Project related to the
ability of Recipient to perform all obligations required by this Contract.
B. Compliance with Laws. The Recipient shall comply with all applicable laws, rules, regulations and
orders of any court or governmental authority that relate to this Contract, and the Project. In
particular, but without limitation, Recipient shall comply with the following, as applicable:
(1) State procurement regulations found in the Oregon Public Contracting Code, ORS chapters
279A, 279B and 279C.
(2) State labor standards and wage rates found in ORS chapter 279C.
These laws, rules, regulations and orders are incorporated by reference in this Contract to the extent
required by law.
C. All service providers retained for their professional expertise must be certified, licensed, or
registered, as appropriate, in the State of Oregon for their specialty.
D. Re _gulatory Oversight. The Recipient shall comply with regulatory oversight through the appropriate
Oregon Department of Environmental Quality Program.
E. Notifications. The Recipient shall reasonably acknowledge in some public fashion, such as in
promotional materials, on its web site and in public statements, that the Project was funded in part
with Oregon State Lottery Funds administered by the Oregon Business Development Department.
F. Project Completion Obligations. The Recipient shall:
(1) Complete the Project no later than the Project Completion Deadline, unless otherwise
permitted by OBDD in writing.
(2) Within thirty (30) days after completion of the Project, but no later than the Project Closeout
Deadline,provide OBDD with a final project completion report on a form provided by OBDD.
G. Financial Records. The Recipient shall keep accurate books and records and maintain them
according to generally accepted accounting principles established by the Government Accounting
Standards Board in effect at the time. The Recipient shall have these records audited annually by an
independent certified public accountant, which may be part of the annual audit of all records of
Recipient.
H. Inspections, Information. The Recipient shall permit OBDD and any party designated by OBDD: (i)
to inspect, at any reasonable time, the property, if any, constituting the Project; and (ii) at any
reasonable time, to inspect and make copies of any accounts, books and records, including, without
limitation, its records regarding receipts, disbursements, contracts, investments and any other related
matters, and financial statements or other documents related to its financial standing. The Recipient
shall supply any related reports and information as OBDD may reasonably require.
L Records Maintenance. The Recipient shall retain and keep accessible all books, documents,papers,
and records that are directly related to this Contract, the Project or the Grant for a minimum of six
years, or such longer period as may be required by other provisions of this Contract or applicable
law, following the Project Closeout Deadline. If there are unresolved issues at the end of such
period, Recipient shall retain the books, documents,papers and records until the issues are resolved.
N19023 Woodburn Contract.docx Page 4 of 9
14
J. Economic Benefit Data. The OBDD may require Recipient to submit specific data on the economic
development benefits of the Project and other information to evaluate the success and economic
impact of the Project, from the date of this Contract until six years after the Project Completion
Date. The Recipient shall, at its own expense,prepare and submit the data within the time specified
by OBDD.
K. Certified Firms. ORS 200.090 requires all public agencies to "aggressively pursue a policy of
providing opportunities for disadvantaged business enterprises, minority-owned businesses, woman-
owned businesses, businesses that service-disabled veterans owned and emerging small
businesses..." The OBDD encourages Recipient in any contracting activity to follow good faith
efforts as described in ORS 200.045, available at
haps://www.oregonlegislature.gov/bills laws/ors/ors200.htm1. Additional resources are provided by
the Governor's Policy Advisor for Economic and Business Equity. Also, the Certification Office for
Business Inclusion and Diversity at the Oregon Business Development Department maintains a list
of certified firms and can answer questions. Search for certified firms on the web at:
https://ore�zon4biz.diversitvsoftware.com/FrontEnd/VendorSearchPublic.asp.
L. Notice of Default. The Recipient shall give OBDD prompt written notice of any Default as soon as
Recipient becomes aware of its existence or reasonably believes a Default is likely.
M. Indemnity. To the extent authorized by law, Recipient shall defend(subject to ORS chapter 180),
indemnify, save and hold harmless OBDD and its officers, employees and agents from and against
any and all claims, suits, actions,proceedings, losses, damages, liability and court awards including
costs, expenses, and attorneys' fees incurred related to any actual or alleged act or omission by
Recipient, or its employees, agents or contractors; however, the provisions of this section are not to
be construed as a waiver of any defense or limitation on damages provided for under Chapter 30 of
the Oregon Revised Statutes or under the laws of the United States or other laws of the State of
Oregon.
SECTION 8-DEFAULTS
Any of the following constitutes an "Event of Default":
A. Any false or misleading representation is made by or on behalf of Recipient, in this Contract or in
any document provided by Recipient related to this Grant or the Project.
B. Recipient fails to perform any obligation required under this Contract, other than those referred to in
subsection A of this section 8, and that failure continues for a period of 30 calendar days after
written notice specifying such failure is given to Recipient by OBDD. The OBDD may agree in
writing to an extension of time if it determines Recipient instituted and has diligently pursued
corrective action.
SECTION 9-REMEDIES
A. Remedies. Upon any Event of Default, OBDD may pursue any or all remedies in this Contract and
any other remedies available at law or in equity to enforce the performance of any obligation of
Recipient. Remedies may include, but are not limited to any one or more of the following:
(1) Terminating OBDD's commitment and obligation to make the Grant or disbursements under
the Contract.
(2) Barring Recipient from applying for future awards.
N19023 Woodburn Contract.docx Page 5 of 9
15
(3) Withholding amounts otherwise due to Recipient for application to the payment of amounts
due under this Contract.
(4) Requiring repayment of the Grant and all interest earned by Recipient on those Grant funds.
B. Application of Moneys. Any moneys collected by OBDD pursuant to section 9.A will be applied
first, to pay any attorneys' fees and other fees and expenses incurred by OBDD; then, as applicable,
to repay any Grant proceeds owed; then, to pay other amounts due and payable under this Contract,
if any.
C. No Remedy Exclusive; Waiver; Notice. No remedy available to OBDD is intended to be exclusive,
and every remedy will be in addition to every other remedy. No delay or omission to exercise any
right or remedy will impair or is to be construed as a waiver of such right or remedy. No single or
partial exercise of any right power or privilege under this Contract will preclude any other or further
exercise thereof or the exercise of any other such right, power or privilege. The OBDD is not
required to provide any notice in order to exercise any right or remedy, other than notice required in
section 8 of this Contract.
D. Default by OBDD. In the event OBDD defaults on any obligation in this Contract, Recipient's
remedy will be limited to injunction, special action, action for specific performance, or other
available equitable remedy for performance of OBDD's obligations.
SECTION 10-MISCELLANEOUS
A. Time is of the Essence. Recipient agrees that time is of the essence under this Contract.
B. Relationship of Parties; Successors and Assigns; No Third Party Beneficiaries.
(1) The parties agree that their relationship is that of independent contracting parties and that
Recipient is not an officer, employee, or agent of the State of Oregon as those terms are used in
ORS 30.265.
(2) Nothing in this Contract gives, or is to be construed to give, directly or indirectly, to any third
persons any rights and benefits greater than those enjoyed by the general public.
(3) This Contract will be binding upon and inure to the benefit of OBDD, Recipient, and their
respective successors and permitted assigns.
(4) Recipient may not assign or transfer any of its rights or obligations or any interest in this
Contract without the prior written consent of OBDD. The OBDD may grant, withhold or
impose conditions on such consent in its sole discretion. In the event of an assignment,
Recipient shall pay, or cause to be paid to OBDD, any fees or costs incurred because of such
assignment, including but not limited to attorneys' fees of OBDD's Counsel. Any approved
assignment is not to be construed as creating any obligation of OBDD beyond those in this
Contract, nor does assignment relieve Recipient of any of its duties or obligations under this
Contract.
(5) Recipient hereby approves and consents to any assignment, sale or transfer of this Contract that
OBDD deems to be necessary.
C. Disclaimer of Warranties; Limitation of Liability. The Recipient agrees that:
(1) The OBDD makes no warranty or representation, either express or implied, as to the value,
design, condition, merchantability or fitness for particular purpose or fitness for any use of the
Project or any portion of the Project, or any other warranty or representation.
N19023 Woodburn Contract.docx Page 6 of 9
16
(2) In no event are OBDD or its agents liable or responsible for any direct, indirect, incidental,
special, consequential or punitive damages in connection with or arising out of this Contract or
the existence, furnishing, functioning or use of the Project.
D. Notices. All notices to be given under this Contract must be in writing and addressed as shown
below, or to other addresses that either party may hereafter indicate pursuant to this section. Notices
may only be delivered by personal delivery or mailed,postage prepaid. Any such notice is effective
five calendar days after mailing, or upon actual delivery if personally delivered.
If to OBDD: Assistant Director, Economic Development
Oregon Business Development Department
775 Summer Street NE Suite 200
Salem OR 97301-1280
If to Recipient: Economic Development Director
City of Woodburn
270 Montgomery Street
Woodburn OR 97071-4730
E. No Construction against Drafter. This Contract is to be construed as if the parties drafted it jointly.
F. Severability. If any term or condition of this Contract is declared by a court of competent jurisdiction
as illegal, invalid or unenforceable, that holding will not invalidate or otherwise affect any other
provision.
G. Amendments, Waivers. This Contract may not be amended without the prior written consent of
OBDD (and when required, the Department of Justice) and Recipient. This Contract may not be
amended in a manner that is not in compliance with the Act. No waiver or consent is effective unless
in writing and signed by the party against whom such waiver or consent is sought to be enforced.
Such waiver or consent will be effective only in the specific instance and for the specific purpose
given.
H. Attorneys' Fees and Other Expenses. To the extent permitted by the Oregon Constitution and the
Oregon Tort Claims Act, the prevailing party in any dispute arising from this Contract is entitled to
recover its reasonable attorneys' fees and costs at trial and on appeal. Reasonable attorneys' fees
cannot exceed the rate charged to OBDD by its attorneys.
L Choice of Law, Designation of Forum, Federal Forum. The laws of the State of Oregon(without giving
effect to its conflicts of law principles) govern all matters arising out of or relating to this Contract,
including, without limitation, its validity, interpretation, construction,performance, and
enforcement.
Any party bringing a legal action or proceeding against any other party arising out of or relating to
this Contract shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for
Marion County (unless Oregon law requires that it be brought and conducted in another county).
Each parry hereby consents to the exclusive jurisdiction of such court, waives any objection to
venue, and waives any claim that such forum is an inconvenient forum.
Notwithstanding the prior paragraph, if a claim must be brought in a federal forum,then it must be
brought and adjudicated solely and exclusively within the United States District Court for the District of
Oregon. This paragraph applies to a claim brought against the State of Oregon only to the extent
Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent
by the State of Oregon to be sued in federal court. This paragraph is also not a waiver by the State of
N19023 Woodburn Contract.docx Page 7 of 9
17
Oregon of any form of defense or immunity, including but not limited to sovereign immunity and
immunity based on the Eleventh Amendment to the Constitution of the United States.
J. Integration. This Contract(including all exhibits, schedules or attachments) constitutes the entire
agreement between the parties on the subject matter. There are no unspecified understandings,
agreements or representations, oral or written, regarding this Contract.
K. Execution in Counterparts. This Contract may be signed in several counterparts, each of which is an
original and all of which constitute one and the same instrument.
The Recipient, by its signature below, acknowledges that it has read this Contract, understands it, and
agrees to be bound by its terms and conditions.
F
O
BURN
Itteorporated 1' 889
Q ,
1859
STATE OF OREGON CITY OF WOODBURN
acting by and through its
Oregon Business Development Department
By: By:
Chris Cummings, Assistant Director The Honorable Eric Swenson
Economic Development Mayor of Woodburn
Date: Date:
APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047:
Not Required per OAR 137-045-0030
Exhibit A: General Definitions
Exhibit B: Project Description
Exhibit C: Project Budget
N19023 Woodburn Contract.docx Page 8 of 9
18
EXHIBIT A-GENERAL DEFINITIONS
As used in this Contract, the following terms have the meanings below.
"Act" means ORS 285A.185 through 285A.188, as amended.
"Award" means the award of financial assistance to Recipient by OBDD dated 8 January 2019.
"Costs of the Project" means Recipient's actual costs (including any financing costs properly allocable
to the Project)that are (a)reasonable, necessary and directly related to the Project, (b)permitted by
generally accepted accounting principles to be Costs of the Project, and (c) are eligible or permitted uses
of the Grant under applicable state or federal statute and rule.
"Counsel" means an attorney at law or firm of attorneys at law duly admitted to practice law before the
highest court of any state, who may be of counsel to, or an employee of, OBDD or Recipient.
"Default"means an event which, with notice or lapse of time or both, would become an Event of
Default.
"ORS" means the Oregon Revised Statutes.
"Project Completion Date" means the date on which Recipient completes the Project.
EXHIBIT B-PROJECT DESCRIPTION
Recipient will complete the following activities in compliance with Oregon Department of
Environmental Quality regulations on real property located in the public right-of-way and sidewalk
adjacent to 173 Grant Street, Woodburn, Oregon (Map Tax Lot 4051W18AB01800):
1. Decommissioning, removal and disposal of underground storage tanks to a permitted Subtitle D
landfill; and
2. Excavation, removal and disposal of petroleum contaminated soils to a permitted Subtitle D landfill.
Recipient shall submit completed reports and documents to Oregon Department of Environmental
Quality for review and approval.
EXHIBIT C-PROJECT BUDGET
OBDD Funds Other/Matching Funds
Activity Approved Budget Approved Budget
Underground Storage Tank Decommissioning,
Removal and Disposal $18,000 $18,000
Total j $18,000 j $18,000
N19023 Woodburn Contract.docx Page 9 of 9
19
2/15/2019 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2019 Year to Date
CHARGE DESCRIPTION Jan Total
AGGRAVATED ASSAULT 2 2
ANIMAL ORDINANCES 6 6
ASSAULT SIMPLE 10 10
BURGLARY- RESIDENCE 1 1
CRIME DAMAGE-NO VANDALISM OR ARSON 2 2
CURFEW 1 1
CUSTODY- MENTAL 9 9
DISORDERLY CONDUCT 3 3
DRIVING UNDER INFLUENCE 5
DRUG LAW VIOLATIONS 9 9
DWS/REVOKED-MISDEMEANOR 1 1
FAIL TO DISPLAY OPERATORS LICENSE 1 1
FORCIBLE RAPE 3 3
FORGERY/COUNTERFEITING 2 2
FRAUD - BY DECEPTION/FALSE PRETENSES 1 1
FUGITIVE ARREST FOR ANOTHER AGENCY 45 4
GARBAGE LITTERING 1 1
HIT AND RUN-MISDEMEANOR 6 6
IDENTITY THEFT 2 2
INTIMIDATION /OTHER CRIMINAL THREAT 1 1
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 1
MOTOR VEHICLE THEFT 1 1
OTHER 7 7
RECKLESS DRIVING 1 1
RECKLESSLY ENDANDERING 2 2
RESTRAINING ORDER VIOLATION 1 1
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 1 1
EX CRIME -EXPOSER 1 1
EX CRIME -FORCIBLE SODOMY 2 2
EX CRIME -INCEST 2 2
EX CRIME -MOLEST(PHYSICAL) 1 1
EX CRIME -OTHER 1 1
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 1
HEFT- BUILDING 1 1
HEFT- FROM MOTOR VEHICLE 4
HEFT-OTHER 5
HEFT-SHOPLIFT 2 2
RAFFIC VIOLATIONS 10 10
RESPASS 18 18
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 1
VANDALISM 1 1
VEHICLE RECOVERD FOR OTHER AGENCY 1 1
WEAPON -CARRY CONCEALED 1 1
WEAPON -EX FELON IN POSSESSION 1 1
Jan Total
2019 Total 178 178
2018 Total 187 187
2017 Total 135 135
Page 1 of 2
20
2/15.2019 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2019 Year to Date
2/15/2019 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2019 Year to Date
CHARGE DESCRIPTION Jan Total
AGGRAVATED ASSAULT 3 3
ANIMAL ORDINANCES 3 3
ARSON 1 1
ASSAULT SIMPLE 12 12
BURGLARY- BUSINESS 2 2
BURGLARY-OTHER STRUCTURE 2 2
BURGLARY- RESIDENCE 8 8
CRIME DAMAGE-NO VANDALISM OR ARSON 16 16
CRIMINAL MISTREATMENT 1 1
CURFEW 1 1
CUSTODY- MENTAL 10 10
DISORDERLY CONDUCT 3 3
DRIVING UNDER INFLUENCE 5
DRUG LAW VIOLATIONS 9 9
DWS/REVOKED-MISDEMEANOR 1 1
ELUDE 1 1
EXPLOSIVES 1 1
FAIL TO DISPLAY OPERATORS LICENSE 1 1
FORCIBLE RAPE 2 2
FORGERY/COUNTERFEITING 9 9
FRAUD- BY DECEPTION/FALSE PRETENSES 2 2
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 3 3
FRAUD- OF SERVICES/FALSE PRETENSES 1 1
FUGITIVE ARREST FOR ANOTHER AGENCY 27 27
GARBAGE LITTERING 1 1
HIT AND RUN FELONY 1 1
HIT AND RUN-MISDEMEANOR 23 23
IDENTITY THEFT 6 6
INTIMIDATION /OTHER CRIMINAL THREAT 1 1
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 1
MISCELLANEOUS 19 19
MOTOR VEHICLE THEFT 8 8
NON CRIMINAL DOMESTIC DISTURBANCE 20 20
OTHER 6 6
PROPERTY- FOUND LOST MISLAID 3 3
PROPERTY RECOVER FOR OTHER AGENCY 2 2
RECKLESS DRIVING 2 2
RESTRAINING ORDER VIOLATION 2 2
SEX CRIME - EXPOSER 1 1
SEX CRIME - FORCIBLE SODOMY 2 2
SEX CRIME - INCEST 1 1
SEX CRIME - MOLEST (PHYSICAL) 2 2
SEX CRIME - NON-FORCE RAPE 1 1
SEX CRIME - OTHER 1 1
HEFT- BICYCLE 1 1
HEFT- FROM MOTOR VEHICLE 25 2
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 2 2
HEFT- OTHER 14 1
HEFT- PICKPOCKET 1 1
HEFT- PURSE SNATCH 1 1
HEFT- SHOPLIFT 12 12
TRAFFIC VIOLATIONS 11 11
TRESPASS 8 8
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 3 3
VANDALISM 16 16
VEHICLE RECOVERD FOR OTHER AGENCY 5
WEAPON -CARRY CONCEALED 1 1
Page 1 of 2 22
2/15/2019 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2019 Year to Date
Jan ITotal
WEAPON - EX FELON IN POSSESSION 1 1
WEAPON - POSSESS ILLEGAL 1 1
WEAPON -SHOOTING IN PROHIBITED AREA 1 1
Jan ITotal
2019 Total 1 3301 330
2018 Total 1 409 409
2017 Total 1 3221 322
Offenses/Year
450
400
350
N 300
W
fn 250
W /
LL 200
0 150
00
50
0
2017 2018 2019
YEAR
Page 2 of 2 23
Woodburn Police Department
ORDINANCE VIOLATIONS
2019 Year to Date
2/15/2019
Ordinance Discription Jan Total
Animal Complaint 38 38
Ordinance -Abandoned Vehicles 66 66
Ordinance -Abate Graffiti 2 2
Ordinance - Land Use Violations 1 1
Ordinance -Oth Violation 34 34
2019 Total 141 141
2018 Total 176 176
2017 Total 94 94
Ordinance Violations / Code Enforcement Officers
160
140
120
Z 100
O
80 i
J
O
60
40
20
0
2017 2018 2019
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
180
160
140
N 120
Z
O 100
J80
O_
60
40
20
0
2017 2018 2019
YEAR TOTALS FOR ALL OFFICERS
1
24
�'I'1 r I Iii♦ r}
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BU
Pri,,�<;rrt rr rf aA'!87
February 25, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Chris Kerr, Community Development Director
Colin Cortes, AICP, CNU-A, Senior Planner
SUBJECT: Annexation of Approximately 24.65 Acres of Territory Known as
Lowrie Property at 9008 Parr Rd NE (ANX 2018-02)
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and
tentatively approve the annexation application for the subject property with
designated City zoning, and instruct staff to prepare ordinances to substantiate
the Council's decision.
BACKGROUND:
The item before the Council is action on annexation application ANX 2018-02
(Type IV) by Emerio Design, LLC for the territory known as the Lowrie Property at
9008 Parr Road NE totaling approximately 24.65 gross acres and located along
the west side of Centennial Park.
The territory is eligible for annexation because it is within the City urban growth
boundary (UGB).
The City upon annexation would need to designate the property with City
zoning, and the Comprehensive Plan land use map designates the territory Low
Density Residential with Nodal Development Overlay for which the compatible
zoning district is the Nodal Single-Family Residential (RSN) zone, which the
applicant accepts
Because the applicant proposes no development at this time, there are no
corollary development applications such as for planned unit development or
preliminary subdivision.
The Planning Commission on January 29, 2019 heard and unanimously
recommended approval of the annexation. The applicant was the only
individual to testify at that hearing.
Agenda Item Review: City Administrator x_ City Attorney_x Finance_x-
25
Honorable Mayor and City Council
February 25, 2019
Page 2
DISCUSSION:
Annexation is a policy decision by the Council.
Decision-making hinges upon the annexation criteria in Woodburn
Development Ordinance (WDO) 5.04.01 C. The attached Planning Commission
staff report of January 24, 2019 and its Attachment 102 Analyses & Findings
addresses the criteria and finds them met.
FINANCIAL IMPACT:
Annexing the territory into city limits would subject it to City taxing authority,
including property tax that generates the largest source of funding for general
fund services such as the library, policing, and parks and recreation.
The City permanent tax rate is $6.0534 per thousand dollars - equal to a millage
rate of 6.0534 mils - as set by Oregon Ballot Measure 50 in 1997-98. The property
contains three rural residences, one at each address. The table below simplifies
and grossly estimates revenue, absent redevelopment in the indefinite future:
Address Tax Lot Marion County Gross Estimate of City
Assessed Value AV Property Tax 6.0534 mils
9008 Parr 052W 13 00800 $112,440 $680.64
Rd NE
The estimate neither accounts for how the City might assess property value
differently than Marion County nor excludes the unknown cost of providing
basic utility services to the properties that the City does not already provide.
Additionally, in the indefinite future subdivision and redevelopment to urban
residences would increase both the number of residences and assessed
valuation while also increasing City utility and other service costs.
Staff believes that at this time the annexation would negligibly benefit property
tax revenue.
ATTACHMENTS:
1 . Planning Commission January 24, 2019 Staff Report and select
attachments
101 . Marked Tax Maps (north and south)
102. Analyses & Findings
26
J
; � -'- N
Fn corpo, rraaed 1889
Staff Report
To: Planning Commission
Through: Chris Kerr, AICP, Community Development Director c',
From: Colin Cortes, AICP, CNU-A, Senior Planner
Meeting Date: January 24, 2019 (Prepared January 17, 2019)
Item: 9008 Parr Rd NE, "Lowrie Property" (ANX 2018-02)
Tax Lot(s): 052W13 00800
Table of Contents
ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1
EXECUTIVE SUMMARY....................................................................................................2
RECOMMENDATION .......................................................................................................3
ACTIONS .......................................................................................................................3
ATTACHMENT LIST.........................................................................................................3
Issue before the Planning Commission
Annexation ANX 2018-02 (Type IV): Commission recommendation to the City Council.
.........................................................................................................................
.uulill u � Buri
27
Executive Summary
The proposal by Emerio Design, LLC is to annex one tax lot of 24.65 acres addressed as 9008
Parr Road NE from Marion County. The rural residential territory is located at southwestern
city limits along the south side of Parr Road and west of Centennial Park.
The applicant proposes no development yet, and so no corollary development application
accompanies the annexation application. As a courtesy, the applicant provided an exhibit of
what staff calls a "shadow plat" and is included among the application materials excerpts
(Attachment 103): a conceptual subdivision plan. Staff emphasizes that this is conceptual, not
actually proposed for approval, in no way binding, and irrelevant to the annexation criteria. It is
a visual comprehension of how development would likely take shape.
Because the Comprehensive Plan land use map designates the territory Low Density Residential
and per comp plan Policy Table 1 the corresponding zoning district is the Residential Single
Family (RS) zone, the territory would assume the RS zone upon annexation and, by separate
ordinance, designation of the zoning district.
i
Annexation territory outlined in purple;outline excludes right-of-way, which is already annexed
Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO)
provisions per the analyses and findings (Attachment 102).
ANX 2018-02
Staff Report
Page 2 of 3
28
Recommendation
Approval: Staff recommends that the Planning Commission consider the staff report and
attachments and recommend to the City Council that it approve the annexation application.
Actions
The Planning Commission may instead act on the annexation application to recommend denial,
based on City adopted provision(s).
If the Planning Commission were to act upon the recommendation, staff would proceed to a
City Council hearing, tentatively scheduled for February 25, 2019, with the Commission
recommendation. (Were the Council to approve the annexation application, it would do so by
adopting two ordinances, one for annexation and one to confirm application of the RS zone.)
Attachment List
101. Marked Tax Map
102. Analyses & Findings
103. Application Materials (excerpts: service provider letters and conceptual subdivision plan)
104. Transportation System Plan (TSP) Figure 7-1 "Functional Classification Designations"
ANX 2018-02
Staff Report
Page 3 of 3
29
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Attachment 102
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds through
statements how the application materials relate to and meet applicable provisions such as
criteria, requirements, and standards. They confirm that a given standard is met or if not met,
they call attention to it, suggest a remedy, and have a corresponding recommended condition
of approval. Symbols aid locating and understanding categories of findings:
Symbol Category Indication
Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
Requirement (or guideline) not applicable No action needed
......................................................................."..............i .. " ...................................................."......(......................................).
Section references are to the Woodburn rn Develo j_� r ��„� ����: u��a�ice ADO
Table of Contents
Location.........................................................................................................................................................1
LandUse &Zoning........................................................................................................................................1
StatutoryDates.............................................................................................................................................3
AnnexationProvisions ..................................................................................................................................3
ApplicantIdentity........................................................................................................................................11
Location
Address(es) 9008 Parr Rd NE
Tax Lot(s). 052W13....00800...
Nearest Parr&Stubb Rds
intersection
Land Use & Zoning
Comprehensive Plan Land Use Designation Low Density Residential with Nodal Development
Overlay
Zoning District Nodal Single Family Residential (RSN), upon annexation
Overlay District(s) none
Existing Use(s) Vacant rural dwelling
ANX 2018-02 Staff Report
Attachment 102
Page 1 of 11
31
For context, the comprehensive plan land use map designations and zoning are illustrated
below and the zoning is tabulated further below:
Pa o
l��lll�lill�l
s
F Fj
Y r
_F F
G Ci
Comprehensive Plan land use map excerpt Zoning map excerpt
(Note: The City geographic information system[GIS]is not yet updated to show RMN zoning to the north within the
annexed Smith Creek Development site(ANX 2017-05;Ordinance No. 2566, Exhibit"C"map.)
Cardinal Direction Adjacent Zoning
North East of Stubb Rd: Nodal Multi-Family
Residential (RMN)
West of Stubb Rd: No City zoning
because not yet annexed; would be
RMN
East Public and Semi-Public(P/SP)
[Centennial Park]
South No City zoning because not yet
annexed;would be RSN
West Northerly: RMN
Southerly: RSN
ANX 2018-02 Staff Report
Attachment 102
Page 2 of 11
32
Statutory Dates
Application November 2, 2018
Completeness
120-Day Final March 2, 2019 per Oregon Revised Statutes (ORS)?? .178. (The nearest and
Decision Deadline prior regularly scheduled City Council date is February 25, 2019.)*
*However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation
request is not subject to the 120-day deadline for final action per 227.178(8).
Annexation Provisions
Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council
decision. The applicant submitted application materials on June 8, 2018 and revised and
additional materials on October 3, 2018 (excerpted within Attachment 103).
2.05.04 Nodal Overlay Districts
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 used as 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 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.
The applicant e-mailed staff on January 16, 2019 confirming that he wishes ANX 2018-02 to
reference the Nodal master plan that Stafford Land Company already produced as part of
ANX 2018-02 Staff Report
Attachment 102
Page 3 of 11
33
annexing the territory to become the Smith Creek Development (ANX 2017-05). This Nodal
master plan accompanied the first annexation of property with the Comprehensive Plan Nodal
overlay, and the City Council accepted and adopted it via Resolution No. 2124 on November 13,
2018 and its Exhibit "A".
For convenient context, below is a shrunken reproduction of one of the master plan sheets
focusing on open space, off-street bicycle/pedestrian paths, and a road and street network:
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
EXHIBIT C-15-2 �
NODAL OPEN SPACE&
+ r r
d
PATHWAY PLAN
NODAL OVERLAY
BOUNDARY r' + v P !s r a o
BIKE PATHS,SIDEWALKS
& PATHWAYS
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HOUSES WITH ALLEYS r + 11_a -I Ii. qf{' $
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DISCLAIMER.
ALL CONCEPTUAL ELEMENTS SHOWN 'OUTSIDESMfTH CREEK RESIDENTIAL 2
h�+ DEVELOPMENTARE NON BINDING ON
�IF�f ANYADIACENTPROPERTVOWNFR. B
Resolution No. 2124 Exhibit "A"Nodal Master Plan Sheet of 8 Open Space& Pathway Plan
5.04.01 Annexation
A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate
contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive
Plan,and Woodburn Development Ordinance.
B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre-
Application Conference(Section 4.01.04)is required. ...
C. Criteria:
1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding
annexation.
ANX 2018-02 Staff Report
Attachment 102
Page 4 of 11
34
2. Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan; or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
3. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate substantial
conformance to the following:
1) The territory to be annexed should be contiguous to the City on two or more sides;
2) The territory to be annexed should 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 5-year supply;
3) The territory proposed for annexation should reflect the City's goals for directing
growth by using public facility capacity that has been funded by the City's capital
improvement program;
4) The site is feasible for development and provides either:
a) Completion or extension of the arterial/collector street pattern as depicted on
the Woodburn Transportation System Plan; or
b) Connects existing stub streets,or other discontinuous streets,with another
public street.
5) Annexed fulfills a substantial unmet community need,that has been identified by the
City Council after a public hearing. Examples of community needs include park space and
conservation of significant natural or historic resources.
b. Lands designated for commercial,industrial and other uses should demonstrate
substantial conformance to the following criteria: ...
D. Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more than
half of the resident electors within the territory proposed to be annexed; or
b. One hundred percent of the owners and fifty percent of the electors within the
territory proposed to be annexed; or
C. A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation,the City
Council shall call for an election within the territory to be annexed. Otherwise no election on a
proposed annexation is required.
E. Zoning Designation for Annexed Property: All land annexed to the City 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.
F. The timing of public improvements is as follows:
ANX 2018-02 Staff Report
Attachment 102
Page 5 of 11
35
1. Street dedication is required upon annexation.
2. Dedication of public utility easements(PUE) is required upon annexation.
3. Street improvements are required upon development.
4. Connection to the sanitary sewer system is required upon development or septic failure.
5. Connection to the public water system is required upon development or well failure.
6. Connection to the public storm drain system is required upon development.
Regarding subsection B., staff hosted the pre-application conference (Pre-App 2018-01) on
March 21, 2018.
Regarding the criteria of subsection C.:
1. The City Comprehensive Plan, Section G. Growth Management and Annexation contains
annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the
goals, including efficient City services.
First, the territory to be annexed is within the Woodburn Urban Growth Boundary
(UGB). The premise of a UGB is to define an area feasible for the City to provide services
to greenfield development over approximately 20 years as described in the
Comprehensive Plan. So, in this way the annexation of territory within the UGB is
consistent with the comp plan.
Second, the territory also is adjacent to infrastructure that development can make use
of or extend into the territory to develop it:
• Roads and street: Parr Road borders to the property to the north, providing a
means of access. The road is now also under City jurisdiction following
annexation of the right-of-way (ROW) between Centennial Park to the east and a
little past Stubb Road to the west by the Stafford Lan Company for the Smith
Creek Development through application ANX 2017-05 and Ordinance No. 2565,
Exhibit "B" map, adopted November 13, 2018 and per the City Charter effective
30 days later on December 13, 2018.
• Transit: Along Parr Rd, the City can run transit vehicles.
• Potable water: The City geographic information system (GIS) illustrates public
water lines both within Parr Road and to the east Centennial Park.
• Sanitary sewer: A public sewer line is to the east within Centennial Park and that
approaches the east boundary of the territory.
• Stormwater sewer: The south side of the Parr Rd ROW includes a ditch that
conveys east to a stormwater line near the northeast corner of the property at
828 Parr Rd (Tax Lot 052W13 00600), approximately 800 feet east of the
territory.
ANX 2018-02 Staff Report
Attachment 102
Page 6 of 11
36
• Other: Other franchise utility providers attend to such utilities as electric power,
cable television and internet, natural gas, and cellular wireless telephony, often
using existing or extended ROWs.
The applicant had stated verbally to staff that the landowner has no intention of
subdividing and developing the territory until the developer or developers of the Smith
Creek Development—the territory generally north of Parr Road and east of Stubb Road
annexed through Ordinance No. 2565 — provides the infrastructure upon which Smith
Creek Development is premised. At that point, developers of adjacent greenfield
properties to the south and west within the UGB can annex and build off that
infrastructure at lesser cost to themselves. (As described in the Final Order for the
Smith Creek Development dated November 2018, per Condition SUB-1 that project of
nine phases might take as long as until 2026 to record final plats and construct fully.
The subject territory is across Parr Road from Phase 3A, which includes the south leg of
Stubb Road, and Phase 4A.) Were the Smith Creek Development not to be, the WDO
and other City development regulations would still require a developer of the subject
territory to extend infrastructure in order to develop.
The proposal does not conflict with the goals and meets the goal of efficient City
services.
2. The territory is contiguous to the City. Per the comp plan and with implementation
through the WDO, upon development of the territory the City would require
improvements that guarantee that public facilities have adequate capacity to serve such
development. The Public Works Department identified no impediments to serve the
existing vacant house.
Additionally, the applicant's narrative (p. 7) states:
"The subject property is currently contiguous with the city limits on one (1) side (i.e. east
property boundary). All public utilities and services are available to the site either within
Parr Rd. or by extending stormwater lines to the north and discharging into Smith Creek
after being treated. A preliminary stormwater report has been included in this application to
demonstrate adequate capacity for stormwater facilities."
Staff concurs.
3. Examining the considerations under subsection a.:
1) The territory to be annexed is contiguous to city limits on two sides— north and
east.
ANX 2018-02 Staff Report
Attachment 102
Page 7 of 11
37
2) The comp plan land use map designates the territory Low Density Residential.
The applicant's request to annex indicates anticipated market need for housing
types such as detached houses, corner duplexes, and row houses that would be
permitted upon application of the RSN zone.
There is probably an oversupply of annexed Low Density Residential because
though the vast majority of such land was under active land use entitlement
(such as for planned unit development and subdivisions) or building permit
reviews or was undergoing construction, with the late 2018 annexation of the
Smith Creek Development territory this is no longer the situation.
That property of 150 gross acres split between Low and Medium Density
Residential is also entitled for development of 820 dwellings in the form of 708
houses and 112 row houses. The significance of this becomes clearer with
compared with data now available as the City enters into Task 3 of its Housing
Needs Analysis (HNA) long-range planning project. The consultant's memo
"Woodburn Housing Needs Analysis, Draft Housing Needs Forecast, Task 2
deliverable" that was Attachment 103 of the staff memo to the Commission on
December 13, 2018 concludes with an estimated forecast or projection that over
the next 20 years (to about 2039) Woodburn will need a total of 3,000 more
dwellings of which about 1,910 would be houses and 411 would be rowhouses or
townhouses (p. 10, table Exhibit 15). Dividing that those numbers by four based
on the assumption of dividing 20 years into four 5-year periods and an
assumption of even and steady market development, the rounded numbers are
478 houses and 103 row houses or townhouses. Thus, it is clear with new
information subsequent to the Smith Creek territory annexation that the Smith
Creek Development alone could provide more than a 5-year supply of 20-year
projected needed housing on its portion of UGB land designated Low and
Medium Density Residential.
However, staff notes that the aforementioned Smith Creek Development is nine
phases and per its Condition SUB- might take as long as until 2026 to record final
plats and construct fully— longer than a 5-year window. Second, the applicant
expressed intention to not pursue development until the Smith Creek
Development actually develops and extends City infrastructure so as to become
adjacent to the subject property. Also, the applicant has no reason to spend
more money on extending infrastructure when sooner or later the developer or
developers of the Smith Creek property will pay for the infrastructure that serves
that development and incidentally bring it close to the subject property. There is
no corollary subdivision application with the annexation application. For these
ANX 2018-02 Staff Report
Attachment 102
Page 8 of 11
38
reasons, staff believes the consideration of 2) about buildable land inventory is
of little importance and that the proposal poses no threat of manifesting a glut
of market-rate housing.
The applicant's narrative states on p. 8:
"As further discussed in responses above to Section 5.03.06.B.5 of this report
[Technical Report 2 Residential Land Needs Analysis, May 2005], if the average
population increase from the year 2018 to 2020 will be approximately 560 persons
per year, as projected by EcoNorthwest's lower growth rate,this equals a need for a
housing supply of over 180 housing units per year.This is based on an average
household size of 3.11 persons per dwelling unit.The future housing construction
on the subject site will start in approximately 2020—2021 with occupancy around
2022-2023. With construction of approximately 100 housing units over a 3 to 5-year
period, this equals between 20 to 34 housing units per year.This is well within the
amount of housing projected by the City of Woodburn for absorption annually,
which results in balanced urbanization for the city.The availability of Low and
Medium Destiny land in the city limits is currently very low, and annexation of the
subject property will provide needed territory for development to create a supply of
Low density land.
This need is demonstrated in the Comprehensive Plan as the lands in the Nodal
District are described as a unique housing variation need. As this area proposed for
annexation will be one of the first Nodal areas to be developed in the City, it will
allow the area to meet this undeveloped demand for a new housing type mix
described in the Comprehensive Plan. Once this new land is available for
development, the absorption rate is expected to be higher than historical averages,
due to the fact that the zone allows for and the applicant is proposing a new
housing type not available in other zones."
Staff concurs.
3) The applicant's narrative states on p. 9:
"[W]ith the development of the Smith Creek project immediately north of the
subject property, additional facilities will be made available to the subject property,
so approving the annexation proposed will direct growth to use both the City's
existing facilities, as well as those constructed as part of the Smith Creek
development."
Staff concurs.
ANX 2018-02 Staff Report
Attachment 102
Page 9 of 11
39
4) The mostly flat site with no obvious physical constraints and is physically feasible
for urban residential redevelopment. Regarding subsection a), staff expects that
a developer of the subject property would extend Stubb Road. The developer or
developers of the Smith Creek property will improve the road into a major
thoroughfare pursuant to Transportation System Plan (TSP) Figure 7-1 that
classifies Stubb Road as Access Street class and will also join it with Harvard
Drive. This serves to make the intersection of Parr and Stubb Roads ideal for
access to the subject property. A second reason for staff expectation is because
of both the adopted Nodal master plan illustrating Stubb Road extending south
across and through the subject property all the way to the UGB. A third reason is
that as part of the March 21, 2018 pre-app, staff made clear through slide
presentation images and text as well as spoken word during the pre-app that
based on WDO 3.01.05 Street Layout staff desires extension of Stubb Road
across the subject property so that a local street network serving the
southwestern area within the UGB can branch out westward. The applicant had
verbally agreed to the concept and included a copy of the subsequent April 11,
2018 pre-app memo by staff among the application materials. Subsection b) is
not applicable.
5) The applicant asserts no unmet community need, and the Council has not yet
identified such a need.
Annexation of the subject territory demonstrates substantial conformance by conforming with
all the above five considerations except consideration 2).
Regarding D., the applicant obtained the requisite written consent and such that no election is
needed.
Regarding E., the applicant confirms the proposal includes no request to amend the
Comprehensive Plan land use designation or upon annexation to designate the territory with
City a zoning district other than RSN. (Pursuant to Comprehensive Plan Policy Table 1, RSN is
the only zoning district that implements Low Density Residential that has also the Nodal
Development Overlay.)
Regarding F., the applicant need not address subsection 1. Because the City already annexed
adjacent Parr Road ROW via the Smith Creek territory annexation (Ordinance No. 2565, Exhibit
"B" map). Regarding subsection 2., Public Works staff indicated that dedication of public utility
easements (PUEs) is deferred until development.
The criteria are met.
ANX 2018-02 Staff Report
Attachment 102
Page 10 of 11
40
Applicant Identity
Applicant Steve Miller, Senior Planner/ Project Manager
Emerio Design, LLC
Applicant's n/a
Representative
Landowner(s) Clyde H. Lowrie,Jr. & Umbrella Game LLC
ANX 2018-02 Staff Report
Attachment 102
Page 11 of 11
41
f,�'IPr ,vera
DBURN I&M
February 25, 2019
TO: Honorable Mayor and Council through City Administrator
FROM: Sandra Montoya, Finance Director
SUBJECT: FY 2018-2019 Supplemental Budget Request #2
RECOMMENDATION:
Hold a public hearing and adopt the attached resolution approving a
supplemental budget for various funds for fiscal year 2018-2019.
SUPPLEMENTAL BUDGETS GENERALLY:
Every year, after the budget is adopted by Council, circumstances arise that were
either unforeseen or not quantifiable during the preparation or adoption, or errors
are discovered. Oregon Budget Law, ORS 294 .471 (1 ) 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. 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). Staff provided the required public
notice via the Woodburn Independent and the hearing will be held prior to
consideration of the resolution.
DETAILS OF THIS REQUEST:
1 . General Fund (GF) 001
A. In August 2018 the City sold surplus property at 1750 Park Avenue. The GF
net proceeds of $285,310 were directed by Council towards the
Community Center project. The supplemental resolution recognizes the
revenue and budgets the transfer of $285,310 to the General Capital
Construction Fund 358.
B. The FY 2018-19 beginning fund balance was $291 ,350 lower than budgeted.
The supplemental resolution identifies the actual beginning fund balance
of $7,425,650 (rounded) and correspondingly reduces the contingency line
by $291 ,350.
Agenda Item Review: City Administrator -x—City Attorney_x Finance—X-
42
Honorable Mayor and City Council
February 25, 2019
Page 2
2. Transit Fund 110
A. The FY 2018-19 beginning fund balance was $6,000 lower than budgeted.
The supplemental resolution identifies the $134,000 (rounded) actual
beginning fund balance.
B. In July 2018 the new statewide transit payroll tax went into effect. The first
distribution to Woodburn, of about $156,000, is anticipated to be received
by June 30, 2019. The supplemental resolution recognizes the $156,000 as
additional transit tax revenue.
C. As the distribution of the tax revenue requires a service increase, the City
will purchase an additional passenger vehicle estimated at$125,000, which
is shown in the supplemental resolution as a capital outlay budget increase.
3. General Capital Construction Fund 358
Since the FY 2018-19 budget was adopted two new projects have been
identified; Community Center Design and Library Square Playground.
A. The Community Center Design project has a $1,285,310 budget made up
of a $1 .OM grant from the State and a transfer of $285,310 from the GF
surplus property sales revenue. The supplemental resolution recognizes the
revenue and authorizes the capital outlay spending.
B. The Library Square Playground project finalizes the Library exterior
improvements which began a few years. This $93,400 project will be
complete by June 2019 and will be funded by grants from Woodburn
Rotary, Heal City, Marion County, and Library Endowment Fund donations.
The supplemental resolution recognizes $65,000 in grant revenue and a
$28,400 transfer from the Library Endowment Fund and authorizes spending.
C. A $300,000 budget increase was approved on January 28, 2019, as a
contingency for the City Hall Renovation project. The supplemental
resolution authorizes the capital outlay spending and increases revenue
from external financing.
4. Library Endowment Fund 690
Transfer authority of $28,400 is created for the Library Square Playground
project. The funding sources for the transfer are $27,300 from contingency and
$1 ,100 from interest earnings. With this transfer, the Library Endowment Fund
will be closed out.
43
Honorable Mayor and City Council
February 25, 2019
Page 3
FINANCIAL IMPACT:
Below is a summary of the supplemental budget authority.
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Amended Change Revised
1 Revenues 14,827,640 285,310 15,112,950 Operating Expenses 13,869,540 - 13,869,540
2 Fund Balance 7,717,000 (291,350) 7,425,650 Transfers Out 3,716,090 285,310 4,001,400
3 Contingencies&Reserves 4,959,010 (291,350) 4,667,660
Revised Total Fund Resources 22,538,600 Revised Total Fund Requirements 22,538,600
Comments: Fund balance adjustment and transfer for property sale
Transit Fund 110
Resource Original Change Revised Requirement Original Change Revised
1 Fund Balance 140,000 (6,000) 134,000 Operating Expenses 639,740 - 639,740
2 Revenue 613,800 156,000 769,800 Capital Outlay - 125,000 125,000
3 - Transfers Out 4,140 - 4,140
Contingencies&Reserves 109,920 25,000 134,920
Revised Total Fund Resources 903,800 Revised Total Fund Requirements 903,800
Comments: Transit tax and grant revenue changes
General Fund Cap Construction Fund 358
Resource Original Change Revised Requirement Original Change Revised
1 Grants - 1,065,000 1,065,000 Capital Outlay 3,602,000 1,678,710 5,280,710
2 Transfers in 2,002,000 313,710 2,315,710
3 Other Financing 1,600,000 300,000 1,900,000
3 Playground equip
Revised Total Fund Resources 5,280,710 Revised Total Fund Requirements 5,280,710
Comments: Transfer for projects-Community Center Design and Library Square Playground
Library Endowmnet Fund 690
Resource Original Change Revised Requirement Original Change Revised
1 Fund Balance 27,300 27,300 Transfer Out - 28,400 28,400
2 Interest Earnings 600 500 1,100 Contingency 27,900 (27,900) -
3
3
Revised Total Fund Resources 28,400 Revised Total Fund Requirements 28,400
Comments: Transfer for Library Square Playground project
44
�'I'1�r I Iii♦ r}
Y 9M& Its
BU
February 25, 2019
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
N. Robert Shields, City Attorney
James C. Ferraris, Chief of Police
SUBJECT: Proposed Noise Ordinance Revisions
RECOMMENDATION:
Adopt amendments to the Woodburn Noise Ordinance.
BACKGROUND:
Origin of the Amendments
In late 2018, the City Attorney and Police Chief began an effort to improve the
effectiveness of the Woodburn Noise Ordinance. The current ordinance is fairly
typical of noise ordinances in Oregon cities. However, as the City Council is
aware, the City of Woodburn has made a commitment to continually revise and
improve all of its existing ordinances. Even a good ordinance can usually be
improved. An ordinance should protect the public both by providing reasonable
rules of conduct and containing fair provisions that do not violate individual rights.
Approach
Revision of the ordinance began with an assessment of how the current
ordinance appeared to be working. Police Department data was evaluated,
which involved not only statistical call response information but also obtaining
feedback from officers. Ultimately, this resulted in the identification of certain
aspects of the current ordinance that we believed could be improved. Our
objectives in strengthening the ordinance were:
• The ordinance must be constitutional under both federal and Oregon law.
• The ordinance should be clear and understandable.
Agenda Item Review: City Administrator_x City Attorney_x_ Finance—X-
45
Honorable Mayor and City Council
February 25, 2019
Page 2
• The ordinance should fairly and objectively provide for both enforcement
based on decibel volume and on non-decibel ascertainable standards.
• For Noise Ordinance violations that are decibel-based, new decibel meters
should be obtained so that the officers enforcing the ordinance have
access to the most advanced technology.
• The ordinance should be modeled on provisions legally upheld by courts.
• The ordinance should allow private parties to initiate noise complaints
provided that a Certification is obtained that the private party's complaint
is not false and that the private party will be available to testify in court.
• The ordinance should contain a variance procedure so that a court does
not construe it as an absolute prohibition.
Review of other Oregon Noise Ordinances
We then conducted an extensive review of the Noise Ordinances in other Oregon
jurisdictions. Because of cases decided by state courts under the Oregon
Constitution, the Noise Ordinances in out-of-state municipalities are of limited
relevance. The Noise Ordinances in Albany, Beaverton, Eugene, Grants Pass,
Gresham, Hillsboro, Keizer, Lake Oswego, McMinnville, Medford, Milwaukie,
Portland, Prineville, Salem, Sherwood, Tigard, Tualatin, West Linn, and Wilsonville
were reviewed. As more specifically mentioned later in this report, the thorough
review of these ordinances was helpful in regard to both ordinance
procedures and standards.
Legal Research
Since what one person considers "noise" might be legally construed by a court to
be "protected speech", any Noise Ordinance revision must be solidly grounded
on legal research. To do otherwise, would expose the City and its officials to civil
liability.
After a careful legal analysis, we decided to recommend Noise Ordinance
amendments based upon the court-tested Portland Noise Control Code and not
the League of Oregon Cities (LOC) Model Noise Ordinance. The Portland
Ordinance has withstood legal challenges in two different Oregon appellate
cases. The preface to the LOC Model Noise Ordinance, on the other hand, states
that it "allows enforcement officers to make subjective determinations on what
noise is unreasonably loud." This could be construed as a legal admission that the
46
Honorable Mayor and City Council
February 25, 2019
Page 3
LOC Model Ordinance is unconstitutionally vague. Moreover, the Supreme Court
of Virginia held that a Virginia Beach Noise Ordinance similar to the LOC Model
Ordinance was unconstitutional under the First Amendment.
DISCUSSION:
Annotated Noise Ordinance
Attached to this report is an Annotated Noise Ordinance Amendment that shows
both additions and deletions to the current Noise Ordinance and then explains in
detail why the modifications are being proposed. This is a summary of the key
changes:
• Additional Findings were added explaining the City of Woodburn's
understanding of the legal requirements of the U.S. and Oregon
Constitutions and why the Noise Ordinance is constitutional. (Section 2)
• A specific definition of "Plainly Audible" was added. (Section 4)
• Residential decibel levels necessary for an ordinance violation were
reduced based on our survey of other Oregon jurisdictions. (Section 6)
• A new section entitled Specific Noise Prohibitions (Section 6A) was modeled
on the Portland Noise Control Code. This new section provides for per se
violations of the Woodburn Noise Ordinance as follows:
Noisy Animals - This provision is from the Portland Noise Code and makes it
an ordinance violation for any animal to unreasonably cause a noise
disturbance at any time of the day or night by repetitive noise that is heard
beyond the boundary of the owner/keeper's property either as an episode
of continuous noise lasting for a minimum period of ten minutes or repeated
episodes of intermittent noise lasting for a minimum period of thirty minutes.
Motor Vehicle Alarms-This provision was relocated from another part of the
current ordinance and reduces the time period from 20 minutes to 15
minutes as a result of our survey of other Oregon jurisdictions.
Sound Producing or Reproducing Equipment (Noise Sensitive Unit) - This
provision also is from the Portland Noise Code and prohibits the use of any
device designed for sound production or reproduction between the hours
of 9:00 p.m. and 7:00 a.m. so as to be plainly audible within any Noise
Sensitive Unit (defined as any type of dwelling).
47
Honorable Mayor and City Council
February 25, 2019
Page 4
Sound Producing or Reproducing Equipment (Public Property) - This
provision also is from the Portland Noise Code and prohibits the use of any
device designed for sound production or reproduction on public property
so as to be plainly audible 100 feet or more from such device unless the
operation is consistent with a City permit.
• A new section allows a private party to initiate a non-decibel based noise
complaint provided that they sign a Certification describing how the Noise
Ordinance was violated and that the private party's complaint is not false
and that they will be available to testify in court. (Section 613)
• A new Variance Section was added so that a reviewing court does not
construe the City's noise regulations as an absolute prohibition. (Section 7A)
Noise Ordinance Amendment
An Ordinance Amending Ordinance 2312 (the Woodburn Noise Ordinance) has
been prepared and placed on your agenda. This ordinance contains an
emergency clause so that, if the Council decides to enact it, it will become
effective immediately and Woodburn residents can benefit from the
improvements.
FINANCIAL IMPACT:
New decibel meters were purchased by the Woodburn Police Department at a
cost of $800.
Attachments:
1 . Annotated Noise Ordinance (Attachment 1 )
2. Residential Decibel Comparison Table (Attachment 2)
3. Car Alarm Duration Comparison Table (Attachment 3)
48
Attachment 1
COUNCIL BILL NO.
ORDINANCE NO.
II[The City Council should IN e aware that these recorriirriended arriendrrients to
the Woodburn IlNol e Ordinance are IN a ed on Iboth extensive Illegal research
and a review f the riot e ordinances in a iriurriN eir of cities.
Our prirriary ordinance review involved these Gregon aiiitle ; Albany,
Beaverton, Ili gene, Grants lyase, Gre bairn, IIS°IiiiIIIIlsbcxir , IIM el eirw Ilial e 0swego,
a iiirin iiillllllew Medford, Milwaukle, Portland, Prineville, Salern, Sherwood, 11gard,
Talllatin, West Ill rin, and Wilsonville. Additionally, certain ordinance Iprovisions
fr rn cities in other states that were found useful.
1egalll research involved a constitutional andlysis under Iboth the United States
and Gregon Constitutions. Nurnerous riol e ordinances have Ibeen struck
down Icy courts Ibecause they were iir pled iiiirri eirirniii iiilbll vague (subjective)e or,
in other a' wria )ri tittic)riallllll iiiIrri iiiriged on protected speech.
Adopting a constitutional ordinance is iiiirri eiratie Ibecause the City rnust
uphold the law. An unconstitutional ordinance would expose the City of
Woodburn, and its elected and appointed officials, to civil Illild iiillliiit .
It should IN e irioted that, after a careful Illegal andlysis, the City Attorney's Office
is Iproposing arriendrrients IN a ed on Gregon appellate ellllllate oases upholding the
City f Portland IlNol e Control Code Iprovisions and is iriot recorriirriendiiing ars
approach based ed I n the league of Gregon Cities (I[,OC) Model Nol e
Ordinance. The II10C Model Ordinance states that it "'allows enforaeirrient
i� eterirniiiinations �r hat riot e is unreasonably
officers � i� °�a ,s ��
N �
loud" This appears to constitute a Ilegal adrnission that the 10C Model
Ordinance is ria )ri ti�ttic)riallllll vague. Consistent with the City Attorney's
legal andlysis, the Suprerne Court of Virginia IViellld that a Virginia Il each IlNol e
Ordinance sirrillar to the II10C Model Ordinance was unconstitutional. The
Curt stated; "We conclude that these Iprovisions fall to gine "'fair riotice'" to
citizens as required Icy the Il Due Process CIlla e....[ri teadw the iireach of these
general descriptive terrns depends in each case of the subjective tolerances,
perceptions, and sensibilitles of the listener." Tanner v. City of Virginia Beach,
674, S.E. 2d 84 a. 2009).
The annotations in this d currient explain lllaiiin Iproposed irriproverrients to the
existing oirdiiinance that we IN elllle e will IN e Iboth effective and constitutionally].
Page 1 - Annotated Noise Ordinance
49
Attachment 1
AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF WOODBURN;
PROVIDING FOR ENFORCEMENT OF NOISE REGULATIONS; AND DECLARING AN
EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose. This Ordinance is enacted to protect, preserve, and
promote the health, safety, and welfare of the residents of the City of
Woodburn through the reduction, control, and prevention of loud rGyGeys
noise, or any noise which unreasonably disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity.
Section 2. Findinas.
A. Loud noise degrades the environment of the City of
Woodburn because it is harmful to the health, welfare, and safety
of its inhabitants and visitors; it interferes with the comfortable
enjoyment of life and property; it interferes with the well-being,
tranquility, and privacy of the home; and it can cause and
aggravate health problems.
B. The effective control and elimination of loud noise
are essential to the health and welfare of the City of Woodburn's
inhabitants and visitors to conduct the normal pursuits of life,
including recreation, work, and communications.
C. The use of sound amplification equipment creates loud Gprd
s noise that may, in a particular manner and in a particular
time and place, substantially and unreasonably invade the
privacy, peace, and freedom of the inhabitants and visitors to the
City of Woodburn.
[References to "Raucous" noise were ireirnoved because of the
concern that o reviewing court irniiiglht view these adjectives as
subjective].
D. o SGme flexibility
, illity ir\ RGico rocfrir�fiGRS s eSSel
ifirtil ir\ r�rrlor fry rtillr��\A/�fr�r
f 1� l-c f�r-G_.R Ud i�4nA G i r ro r�ry r�r� r�v�s,,
ir�frGS$R IGf iro GRG1 r,fb, teRts Ater eS R� fr�r fhe r\hYSir- GI r- P(A
n-rrrcrsrrv��vTc�arra-vn�e� � �
GGRqRqex ell-beiRcg--^fesf the -r GG_-„ rr,. C_'.iiII ° OI:
WOO(JL)urn I,x�flL ills (:rguk:lliion o:: nos(:� i�-nusll o��
clonsiislk:rnI iilll') EooI ') °Ck::ll rs ConslliillL0liioi
(-_rcrC_ on ConslliilL0lii0ni 1"° c r(ry sp(: cCJliicx::l1y, (Jo(:rs no ..
Page 2 - Annotated Noise Ordinance
50
Attachment 1
sp(:r(:rCj') Or H')(:r clonl(:rnl 0�: sp(:r(:Cj')'- H')(:r '(:gukll llory
0L)j(:�CIHV(::I its 1�0s(:e' (In Efl]:(:rC'll 0sp(:r(:Cj'), wI')iicj') ArHclkII, S(:c'lion 8 o::
H')(:) (-Jr(::�gon ConslHuHon H')(:) '''Irsll i ri i ri 11 110 H')(:) UnHE:)(]
sk: ll(::rs ConslHuHon o(:)rrnH H')(:) CHy Ilo
l')is clonll ns
its noSuL)j(::ICIHV(:e iin 0�'
l')is its no
(JOE::IS norC_ s 11 11 e IH')(:r clonk:enll 0�: sly(:e(:Cj') Or OlH')(:rr soun(Jsl- H ony
Ilo H')(:) volurn(:) o:: H')os(:) soun(Js.
clonlns DrOASiiOns Ioiirvovkfling dor (:rx(:rrnpHons (:�I
w�lrk�lnc (:r orocl(:r(Jur(:, 0 (:ins ur(:� H its noll
[The above additional findings rriake it clear that the City Council
understands that the Woodburn Noise Ordinance Irnusf strUke a
legal balance between the elfirrifination of finvasive noise and the
obligation to Ipiirotect speech under the United States and Gregon
Constitutions. 1-findfings are always firriportant when an ordfinance is
legally challenged].
Section 3. Scope. This Ordinance shall be known as the Woodburn Noise
Ordinance and will apply to control all sound originating within the jurisdiction
limits of the City of Woodburn.
Section 4. Definitions. For the purposes of this Ordinance, the following
definitions apply:
A. A-Scale (dBA). The sound level in Decibels measured using the A-
weighted networks as specified in the American National
Standard Specification for Sound Level Meters.
B. Decibel (dB). The unit for measuring the volume of a sound.
C. Noise Sensitive Unit. Any authorized land use of a church, temple,
synagogue, day care center, hospital, rest home, retirement
home, group care home, school, dwelling unit (single-family
dwelling, duplex, triplex, multi-family dwelling, or mobile home) or
other use of the same general type, and rights-of-way
appurtenant thereto, whether publicly or privately owned.
Page 3 - Annotated Noise Ordinance
51
Attachment 1
hi 11Y Any sou n(] H'x� II cxln oy
DE:fl'SU0or(]�n(��Iry S(:�nSHMH(:rs usiing ')is Or
[ll efinfing the terrn "Plafinly Audible" is firriportant to ensure that the
ordfinance is constitutional. Note that the definition dies not
rriention specific types of sound. This is deliberate because the
noise iiregulllatiion Irnusf be "'content neutral" and focused only on
the finvasive aspect of the noise and not the content].
Any oow(:)r Iloolls or iincu(]ing'
nol HrnH(:�(] lo- (: n rnow(:rrs, '_)IOw(:rrs' n (:r(Jg(:rrs' Snow
'(:)rnow�fl 00ls' S(: :rs, (JrHk (��in(]/or
(: n Or conslrucHon Iloolls, W')(:n us r(] �:or ')orn(::1 Or ouH(Jiing
or ')orn(:r (�:irls
oroj(:°C'IS
F. Sound Level Meter. A sound measuring device, either Type 1 or
Type 2, as defined by American National Standard Specification
for Sound Level Meters.
G. Sound Producing Device. A Sound Producing Device includes, but
is not limited to, the following:
1 . Loudspeakers;
2. Radios, tape players, compact disc players, phonographs,
boomboxes, television sets, or stereo systems, including those
installed in a vehicle;
3. Musical Instruments;
4. Sirens, bells, or whistles;
5. Engines or motors;
6. Air, electrical, or gas-driven tools, including, but not limited to,
drills, chainsaws, lawn mowers, saws, hammers, or similar tools;
and
7. Motor vehicles, including automobiles, motorcycles,
motorbikes, trucks, buses, snowmobiles, boats, or any similar
piece of equipment equipped with a propelling device.
8. p0YSAGIAS A-Ir A_1A i1m.A-11 S rG G U S i R'-' SG UIP(d i AG elm.A_1A A-i e.
J
Page 4- Annotated Noise Ordinance
52
Attachment 1
[This section is striiakein because noisy ainiiiirriallls are now more
specifically addressed in Section "7. Also, it needs to be clear
that the ordinance dies not apply to the uinairripllliiifled Ihuirriain
voice because of protected speech concerns].
Section 5. Sound Measurements.
A. When sound measurements are made for the enforcement of this
Ordinance, they shall be made with a Sound Level Meter. The
Sound Level Meter shall be an instrument in good operating
condition, meeting the requirements of a Type I or Type II meter
and shall contain at least an A-weighted scale, and both fast and
slow meter response capability.
B. If sound measurements are made, the person making those
measurements shall have completed training in the use of the
Sound Level Meter, and shall use measurement procedures
consistent with that training.
C. Measurements may be made at or within the boundary of the
property on which a Noise Sensitive Unit is located which is not the
source of the sound.
Section 6. Noises Prohibited Tased U uaiii Teciiillluelll e elll. It shall be
i
unlawful for any person to produce or permit to be produced, with any Sound
Producing Device which when measured at or within the boundary of the
property on which a Noise Sensitive Unit is located which is not the source of
the sound, which sound exceeds the following levels:
A. 5-5 50 dBA at any time between 9:00 p.m. and 7:00 a.m. of the
following day where the property receiving the noise has a
residential zoning designation.
B. 45 60 dBA at any time between 7:00 a.m. and 9:00 p.m. of the
same day where the property receiving the noise has a residential
zoning designation.
C. 60 dBA at any time between 9:00 p.m. and 7:00 a.m. of the
following day where the property receiving the noise has a zoning
designation which is not residential.
Page 5 - Annotated Noise Ordinance
53
Attachment 1
D. 75 dBA at any time between 7:00 a.m. and 9:00 p.m. of the same
day where the property receiving the noise has a zoning
designation which is not residential.
[IVt is irecoirrirrieinded that the City Council Illo err residential Decibel
iiibelll
rna iiiirnurns based on standards in other Greg niiifi�es (see exhibit
attached to staff iireport). Additionally, the Police Il ep irtirnent is
plllariniiing to acquire more rnodeirn Decibel iiibelll rrieteirs (see staff
relp girtfl.
G. Ir, G(d(-lifiGR tG SeGtir�, GRY r\ PrGd Gir�Pe rmiffiRg tG
be th'a fr-Ilr-4,4Rg RGiSe di-sfi irh� hGllbe i i�T
ViGIrtifir-\r\ r-\f fhic QRJir\Gr\Go rogGrr-1IecSr-\ff f��,-th'a D'aripI�,IpII r-,crvi�the
1 . c r-i.r GRd focfiRg ref G mGfr-r \/'-QhiGGI'-Q G-Ir G-tTcP pRrviRo h is
DlGiRl\/ 6i ir-Jil IP- w/ifl- R G i GiSe SeRS iVe I R4 l�of e/oor� th1 IqA. irc
r-r crrs-rr��rn-m--acr�v-�c
G-mo r f h rti r\ P r-\I i G o f i r,3G—r G-threr eFR erg TrGY Veh ii^G'e.
3. The SGYR(JiRg r-\f Gr\\/ mr-\fr-\r Veiitt��i ir-d i-vr�Tpfff�rA-.'A-.rrrn-r
SyStem f�t'°riG(J r,f mr- R-Q thGR 20 mi T
� T,hc �fora-rrnrrcvr GleViGe perr-ted by GGFR PeSSed Gir,
cfr�rvrn rr r�flor e/ico
1 iReS RG
�' th'Q ic��o -RQGflyeFt'Qd y is
�rrc—rr��ra ..
effeGiVely mi iffled
?. Th r-f G 1-91GSfiRg Gr eXPIGSiVe de\/iGe�Gpy
"
\n/or 1 i irir perm� j��vjQ� h\/ the r�rr�PriGt4E
nn\/orrimorifr-I `r-'i ifl-'`r�rif\ti
6.The keepiRg o f rti r rti r i m rti I A/ itch b / I i i dGRGI fPeqvcR G-P
vr�rfiri iorJ pp-ise td' ncs ther fr-rf AAd repGse ref G Porcr R ire
7. The ePecfi�rRr Ii i� r-leFRGlifiGR GIfePGilr-rl r-r
repGiP r-\f Gr\\/ Gbi iiIr-dir\g r-\flq GR 1G'-Q:kA,4eor\ fh'a hni irc r\�v
RUA 9.00 P.M. r-� f ir\ fb,o ,G -vco Gf 1 irr- eR� ReGec if\/ ir\
e�\c ��ac�a--vrg\.\.�--rrcc���rr-y--irT
th'—Q ocf ref the P ihlir- 4,4elf��ri�GfetyGRd theR aril\/ \n/ifl
G PePmif r-vrr-vRed 199 fhe (cif\/ PoriGGI r,r,f fn
eXGeed 10 rJGYS
Page 6 - Annotated Noise Ordinance
54
Attachment 1
SeclI°Ioin6A. S
o Iver DeS(h
(: r ViokHons 0f: Il is Crcflnc�lnc H,x:fl (Jo ncelleCIH,_)(:fl (w(:fl
k II',�ioiisy62ilrncElls. HI sl,x11 11 c�i viiokll iHon �:or c�iny c�inirncell o
cclus(:r c�lnnoycncl( , cIlc�irrn, nos cII c�lny
Hrn(:) of:: H,)(:) (Jcor niig_ 'fl toy W')i Ing,
scj,(:r(:rCj')iing, ')OwHng, orc�lyiing or OlH,)(:rr H((:; souncJs W,kJ') rnc�iy
_)(:)Yon(J H,)(:) ooun(Jc�lry 0IH,)(:) own(:)r's Drop(:)iIy or
Drop( iIy cloncflHons lr riiry viii Ill,r(:r c�in�rncll souncJs cr(:r sl,)own
0 Ir v e ociclurr(:�(] riilll eiiry cis c�ln (:�p�so(](:r 0�: conHnuous nos(:r IIS sHng
f:or crniiiI-nurn o(:)iJo(] of:: 10 rniinuk:)s or (:)piso(J(:)s 0f:
Ilcriirvi ii 11 11 ri Ilnos(:r Ilc sHng �:or crniiiI-nurn o(:riJo(] o:: 30 rniinukl s. Il is
Droviisiion its noc�lppHc'c�IL)k:� 0 c�lny c�ln�rnc�fls ocic�fl(:�(] iiiac�i or
s�rnHc:ir �:cxJlHy c�iL0H,)o �z(::,(] i f eiiry H,)(:r c�lppHcic�IL)k:r c�ln(] us(:e c�ln(]
zoniing Ilc ws c�ln(] -(:)gJc:lHonso
provision is firorn the Roir[lccnd Molse Conl[rol Code and
provides rnoire specificil[y cis to sociis y anfirnals. No )ecflbel
rneasuirernenl[ is reclufired if the vlolcr[lon rnee[s the recjufirernenl[s of
the secltonl,
B. The sounding of any motor vehicle audible anti-theft alarm system
for a period of more than 2-9 15 minutes.
ills provision Was iiireocured firorn Seclton 6 of the existing
oircfinccnce,, III is iiirecoiisniisneiisufed Ihcr[ the CII[y Council change the
Ifirne peirlod to '15 rnfinur[es based on ouir suirvey of other
juirlscflclHons (see exhUbIII cr[lkiched to s1crff repoir[)],,
C,� (,,ons�rucHon AcHyHy, ConslrucHon cx;HVHY (::flc�Ik:XJ 0 H,)(:r
(:rr( C,Hon, (:rXcicwc�iHon, (](:�rnoHHon, cIlk:rrc�lHon, or (:rpc�flr 0f: c�lny
ouHcflng OlH,)(:)r H,x:ln H,)(:) hrours o�:: 7.00 c�i.rn. c�in(] 9-00 o.rn.
E:rXC p�� iin H,)(:r cics(:r 0�: urg(:�nn(:eC,(:eSSHY iin H,)(:e iii Il riirvcrsll 0f: Il l,r(:r DuL)Hcl
W(:)H:cr(:) c�ln(] scfl:(:)lY c�ln(] Ills(:rig ony wHH') co(:)rrnH grc�ink:)(] Ioy H,)(:r
C,i y A(]i n ii n s llrc�i��or f::o, c� ID o(] n0 Il0 (:rXcl 10 (]cel Ys
provision Ilhas Iliseen iirnade iirnoiire specific wind was carirled over
firorn Seclton 6 of the existing Woocflbuirn Molse Ordfincincel.
Cp(:rrc�lHng or D(:,rrnHHng H,)(:r us(:e o�: )ow(:it
H,)(:) ')ours 0f: 9-00 o.rn. c�in(] 7.00 c�i.rn. so cis Ilo
AuciHok:) WHH')iin c�lny �iOS(:) S(:)nsHM:) UnHW'kJ') its nol H,)(:r
sourcl( 0IH,)(:r soun(]�
Page 7 - Annotated Noise Ordinance
55
Attachment 1
n g n(:::h 0 ii S�ep C rlD(:riirvciIliii g o ii, Io i mill ling o l� rc�i icon o f c� i n o ciiry
V(:fl,klk:� or oh,)(:rr (:enjn(:� H,)(:r hours of 9-00 D.rn. cvncl 7-00
c�urno so cis Ilo Auclkok:) Wh,*n cvny �ds(:) S(:)nsHM:) UnH
W,kd') its nd e SOLN'Cl(:e of H,)(:r sounct
III iii��� provislan is sfirrillar lo language fin Seclian 6 of hhe existing
and iii nancel,
souncl 'roclucJnc� or (t�!QS(:) S(:)nsHM::h UnHl
(Dp(::rrc�lhng or D(:)rrnHHng h')(:) us(:) or op(:)rcihon of cvny (J(hviCl(:h
cl(:sSign(:�(] for souncl DrocluclHon or (:eprocluchon
,)ours of 9-00 o.rn. cvncl 7-00 c�u-n. so c:is Il co Auclkok:) Wh,)hn
cvny �ds(:r S(:nsHhv( UnHW'kd') its nd e SOLN'Cl(:r of H,)(:e sounct
provislan is firarn hhe Rarllcrnd Molse Canlhrdl Code and
survived a legal challenge. ��he
Greg Courl of Appeals found it
cciiss°IlWiii°IIWsu°IlWiiiciiss 111 finOty of lRarllcrnd v. Azlz, 47 Dr. App. 937 (1980)].
souncl o
)�'o(JUCJncl or Yj
Cp(:�rc�lhng or D(:errnHhng H,)(:r us(:e or op(:rrcihon of cvny cl(:rvcl(:e
s ii g n e f0, s 0 u n(] ID ro(]u cllii0n 0 lD ro ucllii0n 0n IDS c ID ro lD(:),ll y
100 f(:)(::d or
or on c�l DuL)Hc lj')11 of so wc�iy c:is Ilo c�fln�y Auclkokl
rnor(:� frorn succi cl(IACIErXCIE:lpll H: H,)(:r cl(:Mcl(:e its -)(::dng hn
cCHY oc�lrkDursucvn�Illo co(:)rrnd g,cvnk:)(J Ioy h')(:) CHY cvncl H,)(:e
0 pD irvclllii0n its c 0 n s ii s n w cl o n o n s o f y I� i niillo
provislan is firarn hhe Rarllcrnd Molse Canlhrdl Code and
survived a legal challenge. ��he
Greg Courl of Appeals found it
cciis fin Oty of lRarllcrnd v. Ayers, 93 Dr. App. 731 ('1988].
SecII°Ian &�'L
offic(:)r rnciissu(e cClHchon for cvn c�flk:)g(:)(] vbk��hon of SE:)c1hon 6A
of H,) s (DrcihncvnCIE:e oc�ls(:e(] upon c�l oy c�l alvc�lk:e oclrlyo is
Sl,xllll rnc�icl(:) Ioy h')(:) alvc�fl(:) ocirlyon c:i forrn arovk](:)(] foy H,)(:r
C:iilly cn s l)cs C,I ow (D rcl n(I�,� C w cs v ii o ccell D I v c�l e ID cy
rnc�ik(:rs Han sLdoj(:clll 110 CrIICS 151990 �c�lky for I c�fls(r
cvncl H,x:fl h')(:) alvc�lk:) oclrly its cwc:0c:IL)k:) cvncl WHHng Il0 (:)SHfy hn h')(:) woocPourn
mu*Jpc�fl Coul� c:ls Il0 h')(:) cIIk:)g(:)(] Adc�lhon�
lies w sechlan should greally fincrease hhe effecliveness of hhe Ordfinance fin
many silhuallans. Under hhe cunrenll Molse Ordfinance, hhe respandfing
enfarcerneal officer iirnusl IlWseiirsciisalllllly wilhness hhe alleged ardfinance vidlallan
far a dIallan lo Ibbs issued lhe lies w sechlan changes Nhis IIs y allowfing a IlWsiiiriiivale
Page 8 - Annotated Noise Ordinance
56
Attachment 1
pairl[y to exec,ur[e a CerllWiiifiiicur°I[loin, Which Ibecoirnes; °IIWllhe Ibasis for °IIWllhe isolse
s giniiiiisg °IIWIIhe Csr�r°IlWiiifiiicsr°I[loin, theIlWsiiiriiivalIe IIWsu'��iirl[ rnuus°IIW u�giiirsrsr °IIWo °IlWsrs°IlWiiif is
c iii°u�� ilio its� III its iii
couuiirl[, if iineeded, and is suulbjecl[ to a ciiriilrniiiiisaIll law penall[y if Ihey lino ilius flll
ce�r[ffy fallsell 'j
Section 7. Exemptions. The following constitute exceptions to this
Ordinance and shall not be construed as violations:
A. Sounds created by organized athletic or other group activities,
when such activities are conducted on public property generally
used for such purposes, such as stadiums, schools, and athletic
fields.
B. Sounds caused by emergency work, or by the ordinary and
accepted use of emergency equipment, vehicles and apparatus.
C. Sounds caused by bona fide use of emergency warning devices
and properly functioning alarm systems.
D. Sounds regulated by federal law, including but not limited to,
sounds caused by railroads or aircraft.
E. Sounds caused by demolition activities when performed under a
permit issued by appropriate governmental authorities.
F. Sounds caused by construction activities during the hours of 7:00
a.m. to 9:00 p.m. of the same day.
G. Sounds caused by regular vehicular traffic upon premises open to
the public.
H. Sounds caused by I)ow(rr Gir eleG#iGGI „r r-vrvc_r-lriVP-R
o.FR'-Q-4TG �GGISi TGlIJGliR!g, b�+ RG-+ Iirni ed +G \A
IG /R rnG4AiePS I�T
edgers�Gws, drills��r'vr"^'ers, Ga GI G-r '-thar cimiIrtir IG-\A/r, P
during the hours of 7:00 a.m. to 9:00 p.m. of the
same day.
I. Bells, chimes and carillons while being used for religious purposes
or in conjunction with religious services, or for national
celebrations or public holidays.
J. Parades for which a City permit has been issued.
Page 9 - Annotated Noise Ordinance
57
Attachment 1
0 Sounds resulting from an event conducted in a City park where a
park use permit has been issued and the conditions of that permit
and this Ordinance have been complied with.
L. Any noise resulting from activities of a temporary duration which is
otherwise permitted by law.
Section 7A. YgQngj§, Any IoCrryson WI0 owns, C�:onIrok, or OpCrC�flC�es (��Iny
sound sourc��C�e W,)ic�JI doCs noi c�:ornpy wHHI IoiirvoYsiions or Mcmdcuds of Rds
k Il r C�ipplicx: llion SlI(]llli 0E) in a �:orrn 0 HIC (-,Hy
AcWhIskalor and shcM MAE) HIC, Me. HrnC , C�in(] ocx: flicm of HIE�
EVVEill. CA, achidly and ME reasons for W,)ic�JIHICC�Irk�lnc�:C�, is
soughl. WE) clopkxTA rnC�iy C��CjuirC��CJ 0 supp�y C�ICJCJHionC�fl
in f o n-n a H o n. i I Cr C�i�o Io i i c:C�i i i on s h CA I n CAU-)CE C�:o n s i CJ CE C;r CJ -C:r c:CE i vC�;d u n i i i
CII II in :orrnC�flion IIC s suppk��(J
i3. IIRC�MC;rw o�:: HIE) Clopkid1cm on Hs rnCrHi sl,)C:flI
0�: C�fl rCs11 HIC: �:O1Iowing�
1 . Rwy physicM chc= ;Il ,risHc��s, irnC�rs C:in(] durC�flions o: IllIr CrnHHC�rCJ
sound;
2o r gC�rod rC�ip�Iy, zonCC�InCJ DqDJCllion EJC;rnsHy 0IHIC
area;
3. \A/Q HIM HIE) 1000k: PIEKI H K SCI NO I Y CA' VVETUR is 1 rn joacdkd;
4. VVhEdhE9 cornplki inc;C�r Mh 1he McmCIC�irCI(s) CA, orovision(s) �:rorn
W,)ic�JIHICadan(M) is Sough! Would Di'OCJUCE�r ICI'CJSlIilD WHHI00i
C�rCjuCll or grC��C�flC�er 0HIC�� C�InCJ
5oAppicx��in 's or(�wious Iislory, H: ny, o�:: or
C�ipplicahon shCA OEY revIENVE)d and chicided by ME Uy
AdrnhqislrClor wHHIin 20 days of o:: HICc�:ornpCk,d
CpD�D i i C�:Ci i 0 n
AI1vC�irianCM dEVAC)ns shctit f r in wi,Hing, SlICllll SlC:flrHIC�r �:Cxck C�InCJ
reasons leading 1lo ME) decision and shall IOE) made avakfole lo
HICC�ipplic: nl. and any colHIC�rr DC�rrson WI0 IICCls suc�JI
decision.
Page 10- Annotated Noise Ordinance
58
Attachment 1
A vc�irkincl(:, (](:;cjsiion o�:: H')( CHY i iii iislliiry llc iiry rnc�iy
0 llI CHY Counc'H cis �:O1ows-
I A vc�irk�inc (J(Icj&'on rncoy H')(:r c�lpSII cic�lnl' I)iis
(:rgc�fl c:lny cfli:(:rC'l(:r(] cssocki lHon' Or
cis D(:)rson W')o 'xs sLfl,-)rnHk:)(J orc�fl or wrHk:)n (:)sHrnony on H')(:r
cpDDIiicc 0 n
2. �!oHcl( o:: 0 c�lpp(:rcll Sl'xllll ii WrHHng 0 H')(:r CHY
(:Clor(](:rr's (-- �Iic (:e WHH'*n 10 (Jc�lys 0�: H')(:, (:11:(:;CIHV(:� (Jc�fl( 0H')(:r
(](:rCjsiioni noHcl(:r (](:rCjsiion H'x�fl is G_ riii Cl
o�')on(:e nurnL)(:�r, '(:flc�iHonsl')iip Ileo V(1](VV CIE, (](:rCjsiion cx:Hon' c�ln(]
cclk:rc�ir 0IH')(:r sp(:rC'Hicl '(:r son(s) d:Or H')(:r c�lpp(:ec�IL
3. Upon o:: sucJ') c�lpp(:X��fl' CHY (:Clor(](:rr Sl'x�flI scj')(:r(Juk:e
H')(:r rnc�full(:rr cs cDuL)Hcl ')(:rc�I�Jng On CHY Counc'H c�lg(:en(Jc�lo
4o Ai�-n o Il r D ufr lliiC, Irc�l limn'' y (-'co u n cl i�-n cc o n s (J eiiry
succi n(:ew rnc�flk:er cis H (](:r(:�rns c�ipproprki fl(:r, cs W(:flI cs Illi(:r '(:rClor(]
'-)(::Ior(:) CHy
Y 0 unC:iill S h')c�l (J C,i(J c:l vc�l I c�l n c (JC�,ii S�'�0 i,r (I ID ID(r c�l ll s cls (J
upon H')(:r CjJk:rrki iin S( c'Hon 7A wHH')iin 20 (Jc�iys cfl](:rr H')(:; clIos(:r o�::
dcfing this vairlccnce IlWsiiiroviisiiioin rnaI(es it far iirnoiire lflkely Ihcr[ a
reviewing couir[ would find the oircfinccnceIn City (�),f
Pc,rtland v. Aye�rs, 93 Or, App. 731 ('1988), the CII[y of lRoir[la i�n ci's
disIance iiirecluuiiiiiireiisneinIIW was found Ilby the Couir[ not to Vibe a "FIcrI
prohflbi[lon" Ilbecauuse of the va�rlccnce IlWsiiiroceduuiire conlIcifined in the
�Roir[lccnd II' olse Conl[rol Codel,
Section 8. Sound Amplification Permits.
A. No person shall use or cause to be used any loudspeaker,
loudspeaker system, sound amplifier or any other machine or
device which produces, reproduces, or amplifies sound outside of
an enclosed building without first having obtained a sound
amplification permit.
B. Any person desiring to obtain a sound amplification permit shall
submit a written application to the Police Chief no later than 30
Page I I - Annotated Noise Ordinance
59
Attachment 1
days prior to proposed date for commencement of the amplified
sound. The application shall include the following:
1 . A description of the activity proposed to be conducted for
which the sound amplification permit is requested;
2. A description of the amplification equipment or devices to be
used,-
3.
sed;3. A statement of the measures that the applicant will take to
insure that the sound amplification will not unreasonably
disturb other people in the vicinity;
4. The exact time periods and location where the sound
amplification will take place;
5. The name of the person who shall be responsible for monitoring
and insuring compliance with the terms of any permit that is
granted;
6. Any City fee for processing the application; and
7. Any other information that the Police Chief determines is
reasonably needed to assure compliance with the provisions
of this Ordinance.
C. The Police Chief may grant the sound amplification permit if he or
she determines that the sound amplification will not occur within a
residential zone and that it will be conducted in such a manner as
not to unreasonably disturb the neighbors of other persons in the
vicinity of the site and that the measures, if implemented, will be
adequate. In granting a permit, the Police Chief may impose such
conditions as may be appropriate or necessary to protect the
public peace, safety, and welfare.
D. Any permit granted pursuant to this Ordinance shall be revocable
at any time by the Police Chief for good cause.
E. Any person aggrieved by any decision rendered by the Police
Chief pursuant to this Ordinance shall have the right to appeal
the decision to the City Council. Any appeal shall be in writing
and shall be submitted no later than ten calendar days following
the date of the decision.
Page 12 - Annotated Noise Ordinance
60
Attachment 1
Section 9. Sound Amplification in City Parks. Notwithstanding any other
provisions of this Ordinance, theA-Rd pGrks CiHy
1i viii islliirv : llc iiry or (1E:1siiC_ n((:r is authorized to allow amplified sound in a City park
by the issuance of a park use permit where a sound level of 80 dBA is not
exceeded.
IIII 's oiir, , , u u
iii iii � iii° � ��ii�iiiz �� iiioii� �� ��°nir�u iiia ;iii iina�e e oiiiriiifiii iin ��
iiia �c° �, �� change f t
afoIIplloin of °IIWhe oiir fiiiiincrnce(
Section 10. Authority for Enforcement. This Ordinance shall be enforced
by the Woodburn Police Department.
Section 11. Civil Infraction Assessment. Each violation of any provision
of this Ordinance constitutes a Class I civil infraction and shall be dealt with
according to the procedures established by City ordinance.
Section 12. Institution of Legal Proceedings. The City Attorney, acting in
the name of the City, may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of this Ordinance as additional remedy.
Section 13. Ordinance Additional to Other Law. The provisions of this
Ordinance shall be cumulative and non-exclusive and shall not affect any
other claim, cause of action, or remedy; nor, unless specifically provided, shall
it be deemed to repeal, amend, or modify any law, ordinance or regulation
relating to noise or sound, but shall be deemed additional to existing
legislation and common law on such subject.
Section 14. Severability Clause. If a portion of this Ordinance is for any
reason held to be invalid, such decision shall not affect validity of the
remaining portions of this Ordinance.
Section 15. Repeal. Section 3 (Unnecessary Noise) of Ordinance 1900 is
hereby repealed.
Section 16. 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 17. 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.
Page 13 - Annotated Noise Ordinance
61
Attachment 1
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, 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 14- Annotated Noise Ordinance
62
Attachment 2
Residential Residential
cl,t Y Day Time Night 'Time
Decibel Decibel
Allowance Allowance
Woodblurn 65 55
Beaverton 50 50
Eugene 60 60
Gresham 60 50
Hillsboro 60 50
Keizer 55 45
Portland 55 50
Tigard C n
JU 40
Tualatin 70, 50
Average 58 50
63
Attachment 3
Car Alarm duration
city (minutes)
Albany 15
Beaverton 15
Bend 15
Canby 5
Eugene 15
Gladstone 3
Keizer 15
Portland 15
Prineville 5
Salem 15
Wilsonville 15
Wood bu rn 20
Average 12 .75
64
COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
AN ORDINANCE AMENDING ORDINANCE 2312 (THE WOODBURN NOISE
ORDINANCE) TO CLARIFY AND STRENGTHEN IT AND DECLARING AN EMERGENCY
WHEREAS, the City of Woodburn has enacted Ordinance 2312 (the
Woodburn Noise Ordinance) to promote the health, safety, and welfare of its
residents through the reduction, control, and prevention of disturbing and harmful
noise; and
WHEREAS, as part of the City Council Ordinance Review and Revision
Project, staff has reviewed the Woodburn Noise Ordinance to determine what
revisions could be recommended to the City Council that would clarify and
strengthen the Ordinance; and
WHEREAS, City residents have a right to an environment free from excess
sound that could jeopardize their health and welfare and degrade the quality of
life; and
WHEREAS, the City of Woodburn recognizes that its regulation of noise must
be consistent with both the United States Constitution and the Oregon
Constitution and that this Ordinance cannot regulate speech; and
WHEREAS, the City of Woodburn further recognizes that, in order to be legal,
this Ordinance must contain standards that are not subjective in nature or
unconstitutionally vague; and
WHEREAS, the City Council believes that it is in the public interest to amend
Ordinance 2312 (the Woodburn Noise Ordinance) as specifically provided below;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 1 of Ordinance 2312 is amended to read as follows:
Section 1. Purpose. This Ordinance is enacted to protect, preserve,
and promote the health, safety, and welfare of the residents of the
City of Woodburn through the reduction, control, and prevention of
loud noise, or any noise which unreasonably disturbs, injures, or
Page 1 -COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
65
endangers the comfort, repose, health, peace, or safety of reasonable
persons of ordinary sensitivity.
Section 2. Section 2 of Ordinance 2312 is amended to read as follows:
Section 2. Findings.
A. Loud noise degrades the environment of the City of
Woodburn because it is harmful to the health, welfare,
and safety of its inhabitants and visitors; it interferes with
the comfortable enjoyment of life and property; it
interferes with the well-being, tranquility, and privacy of
the home; and it can cause and aggravate health
problems.
B. The effective control and elimination of loud noise are
essential to the health and welfare of the City of
Woodburn's inhabitants and visitors to conduct the
normal pursuits of life, including recreation, work, and
communications.
C. The use of sound amplification equipment creates loud
noise that may, in a particular manner and in a
particular time and place, substantially and
unreasonably invade the privacy, peace, and freedom
of the inhabitants and visitors to the City of Woodburn.
D. The City of Woodburn recognizes that its regulation of
noise must be consistent with both the United States
Constitution and the Oregon Constitution. More
specifically, this Ordinance does not regulate speech or
the content of speech; the regulatory objective is noise,
an effect of speech, which Article I, Section 8 of the
Oregon Constitution and the First Amendment to the
United States Constitution permit the City to regulate.
E. This Ordinance contains constitutionally defensible
standards and is not subjective in nature or
unconstitutionally vague.
Page 2-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
66
F. This Ordinance is not unconstitutionally overbroad
because it does not regulate the content of speech or
other sounds; it only applies to the volume of those
sounds.
G. This Ordinance contains provisions providing for
exemptions and a variance procedure to ensure that it
is not unconstitutionally overbroad.
Section 3. Section 4 of Ordinance 2312 is amended to read as follows:
Section 4. Definitions. For the purposes of this Ordinance, the
following definitions apply:
A. A-Scale (dBA). The sound level in Decibels measured
using the A-weighted networks as specified in the
American National Standard Specification for Sound
Level Meters.
B. Decibel (dB). The unit for measuring the volume of a
sound.
C. Noise Sensitive Unit. Any authorized land use of a
church, temple, synagogue, day care center, hospital,
rest home, retirement home, group care home, school,
dwelling unit (single-family dwelling, duplex, triplex,
multi-family dwelling, or mobile home) or other use of
the same general type, and rights-of-way appurtenant
thereto, whether publicly or privately owned.
D. Plainly Audible. Any sound that can be detected by a
reasonable person of ordinary sensitivities using his or
her unaided faculties.
E. Power Equipment. Any power tools or equipment
including, but not limited to: lawn mowers, leaf blowers,
lawn edgers, snow removal equipment, hand tools,
saws, drills and/or other similar lawn or construction tools,
Page 3-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
67
when used for home or building repair, maintenance,
landscaping, alteration, or home manual arts projects.
F. Sound Level Meter. A sound measuring device, either
Type 1 or Type 2, as defined by American National
Standard Specification for Sound Level Meters.
G. Sound Producing Device. A Sound Producing Device
includes, but is not limited to, the following:
1 . Loudspeakers;
2. Radios, tape players, compact disc players,
phonographs, boomboxes, television sets, or stereo
systems, including those installed in a vehicle;
3. Musical Instruments;
4. Sirens, bells, or whistles;
5. Engines or motors;
6. Air, electrical, or gas-driven tools, including, but not
limited to, drills, chainsaws, lawn mowers, saws,
hammers, or similar tools; and
7. Motor vehicles, including automobiles, motorcycles,
motorbikes, trucks, buses, snowmobiles, boats, or any
similar piece of equipment equipped with a
propelling device.
Section 4. Section 6 of Ordinance 2312 is amended to read as follows:
Section 6. Noise Prohibited Based Upon Decibel Level. It shall be
unlawful for any person to produce or permit to be produced,
with any Sound Producing Device which when measured at or
within the boundary of the property on which a Noise Sensitive
Unit is located which is not the source of the sound, which sound
exceeds the following levels:
Page 4-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
68
A. 50 dBA at any time between 9:00 p.m. and 7:00 a.m. of
the following day where the property receiving the noise
has a residential zoning designation.
B. 60 dBA at any time between 7:00 a.m. and 9:00 p.m.
of the same day where the property receiving the
noise has a residential zoning designation.
C. 60 dBA at any time between 9:00 p.m. and 7:00 a.m.
of the following day where the property receiving the
noise has a zoning designation which is not residential.
D. 75 dBA at any time between 7:00 a.m. and 9:00 p.m.
of the same day where the property receiving the
noise has a zoning designation which is not residential.
Section 5. Ordinance 2312 is amended to add a new Section 6A to read as
follows:
Section 6A. Specific Noise Prohibitions. The following acts are
declared to be per se violations of this Ordinance that do not
require a Decibel level measurement:
A. Noisy Animals. It shall be a violation for any animal
to unreasonably cause annoyance, alarm, noise
disturbance at any time of the day or night by
repetitive barking, whining, screeching, howling,
braying or other like sounds which may be heard
beyond the boundary of the owner's property or
keeper's property under conditions wherein the
animals sounds are shown to have occurred either
as an episode of continuous noise lasting for a
minimum period of 10 minutes or repeated
episodes of intermittent noise lasting for a minimum
period of 30 minutes. This provision is not applicable
to any animals located in a kennel or similar facility
authorized under the applicable land-use and
zoning laws and regulations.
B. The sounding of any motor vehicle audible anti-
theft alarm system for a period of more than 15
minutes.
Page 5-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
69
C. Construction Activity. Construction activity related
to the erection, excavation, demolition, alteration,
or repair of any building other than between the
hours of 7:00 a.m. and 9:00 p.m. except in the case
of urgent necessity in the interest of the public
welfare and safety and then only with a permit
granted by the City Administrator for a period not
to exceed 10 days.
D. Power Equipment. Operating or permitting the use
of Power Equipment between the hours of 9:00
p.m. and 7:00 a.m. so as to be Plainly Audible within
any Noise Sensitive Unit which is not the source of
the sound.
E. Engine Noise. Operating or permitting the
operation of a motor vehicle or other engine
between the hours of 9:00 p.m. and 7:00 a.m. so as
to be Plainly Audible within any Noise Sensitive Unit
which is not the source of the sound.
F. Sound Producing or Reproducing Equipment
(Noise Sensitive Unit►. Operating or permitting the
use or operation of any device designed for sound
production or reproduction between the hours of
9:00 p.m. and 7:00 a.m. so as to be Plainly Audible
within any Noise Sensitive Unit which is not the
source of the sound.
G. Sound Producing or Reproducing Equipment
(Public Property). Operating or permitting the use
or operation of any device designed for sound
production or reproduction on public property or
on a public right-of-way so as to be Plainly Audible
100 feet or more from such device except if the
device is being operated in a City park pursuant to
a permit granted by the City and the operation is
consistent with the conditions of the City permit.
Page 6-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
70
Section 6. Ordinance 2312 is amended to add a new Section 613 to read as follows:
Section 6B. Noise Citation Based Upon Private Party
Certification. An enforcement officer may issue a citation for
an alleged violation of Section 6A of this Ordinance based
upon a Certification by a private party. This Certification shall
be made by the private party on a form provided by the City
and shall describe how the Ordinance was violated, that the
private party makes the Certification subject to ORS 153.990
(Penalty for False Certification), and that the private party is
available and willing to testify in the Woodburn Municipal
Court as to the alleged violation.
Section 7. Section 7 of Ordinance 2312 is amended to read as follows:
Section 7. Exemptions. The following constitute exceptions to
this Ordinance and shall not be construed as violations:
A. Sounds created by organized athletic or other group
activities, when such activities are conducted on
public property generally used for such purposes, such
as stadiums, schools, and athletic fields.
B. Sounds caused by emergency work, or by the
ordinary and accepted use of emergency
equipment, vehicles and apparatus.
C. Sounds caused by bona fide use of emergency
warning devices and properly functioning alarm
systems.
D. Sounds regulated by federal law, including but not
limited to, sounds caused by railroads or aircraft.
E. Sounds caused by demolition activities when
performed under a permit issued by appropriate
governmental authorities.
F. Sounds caused by construction activities during the
hours of 7:00 a.m. to 9:00 p.m. of the same day.
Page 7-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
71
G. Sounds caused by regular vehicular traffic upon
premises open to the public.
H. Sounds caused by Power Equipment during the hours
of 7:00 a.m. to 9:00 p.m. of the same day.
I. Bells, chimes and carillons while being used for
religious purposes or in conjunction with religious
services, or for national celebrations or public
holidays.
J. Parades for which a City permit has been issued.
K. Sounds resulting from an event conducted in a City
park where a park use permit has been issued and
the conditions of that permit and this Ordinance
have been complied with.
L. Any noise resulting from activities of a temporary
duration which is otherwise permitted by law.
Section 8. Ordinance 2312 is amended to add a new Section 7A to read as
follows:
Section 7A. Variances. Any person who owns, controls, or
operates any sound source which does not comply with
provisions or standards of this Ordinance may apply for a
variance.
A. The application shall be in a form acceptable to the
City Administrator and shall state the date, time, and
location of the event or activity and the reasons for
which the variance is being sought. The applicant
may be required to supply additional information.
The application shall not be considered received
until all information has been supplied.
B. Review of the application on its merit shall include
consideration of at least the following:
Page 8-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
72
1 . The physical characteristics, times and durations
of the emitted sound;
2. The geography, zone and population density of
the affected area;
3. Whether the public health, safety or welfare is
impacted;
4. Whether compliance with the standard(s) or
provision(s) from which the variance is sought
would produce hardship without equal or greater
benefit to the public; and
5. Applicant's pervious history, if any, of compliance
or noncompliance.
C. The application shall be reviewed and decided by the
City Administrator within 20 days of receipt of the
completed application.
D. All variance decisions shall be in writing, shall state the
facts and reasons leading to the decision and shall be
made available to the applicant, and any other
person who has requested such decision.
E. A variance decision of the City Administrator may be
appealed to the City Council as follows:
1 . A variance decision may be appealed by the
applicant, his legal representative, any affected
neighborhood association, or any person who has
submitted oral or written testimony on the
application.
2. Notice of intent to appeal shall be in writing to the
City Recorder's Office within 10 days of the effective
date of the decision. The notice shall identify the
decision that is being appealed, and include the
appellant's name, address, signature, phone
Page 9-COUNCIL BILL NO. 3088
ORDINANCE NO. 2568
73
number, relationship to the variance decision
action, and a clear statement of the specific
reason(s) for the appeal.
3. Upon receipt of such appeal, the City Recorder shall
schedule the matter as a public hearing on the City
Council agenda.
4. At the time of the public hearing, the City Council
may consider such new matter as it deems
appropriate, as well as the record developed before
the City Administrator.
F. The City Council shall decide all variance decision
appeals based upon the criteria in Section 7A-13 within
20 days after the close of the public hearing.
Section 9. Section 9 of Ordinance 2312 is amended to read as follows:
Section 9. Sound Amplification in City Parks. Notwithstanding
any other provisions of this Ordinance, the City Administrator or
designee is authorized to allow amplified sound in a City park
by the issuance of a park use permit where a sound level of 80
dBA is not exceeded.
Section 10. This Ordinance being necessary for the immediate preservation of
the public peace, health, and safety so that Woodburn residents can benefit
from improvements to this Ordinance at the earliest possible time, an
emergency is declared to exist and this Ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Page 10- COUNCIL BILL NO.3088
ORDINANCE NO. 2568
74
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 1 - COUNCIL BILL NO.3088
ORDINANCE NO. 2568
75
COUNCIL BILL NO. 3089
RESOLUTION NO. 2128
A RESOLUTION APPROVING TRANSFERS OF FY 2018-2019 APPROPRIATIONS AND
APPROVING A SUPPLEMENTAL BUDGET
WHEREAS, ORS 294.463(1 ) permits "transfers of appropriations" within any
fund "when authorized by official resolution or ordinance of the governing body";
and
WHEREAS, ORS 294.463(2) limits "transfers of general operating contingency
appropriations to no more than fifteen (15) percent of the total appropriations of
the fund" unless adopted pursuant to a supplemental budget; and
WHEREAS, transfers made pursuant to any of the above must state the need
for the transfer, the purpose for the authorized expenditure, and the amount of
the appropriation transferred; and
WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an
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
WHEREAS, ORS 294.473 requires the governing body to hold a public
hearing on the supplemental budget when the estimated expenditures
contained in the supplemental budget for fiscal year or 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
WHEREAS, the transfers contained herein are made pursuant to ORS
294.463; and
WHEREAS, the supplemental budget contained herein is made pursuant to
ORS 294.471; and
WHEREAS, a public hearing was held February 25, 2019 on the supplemental
budget changes, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above, the
City Council hereby approves the transfers of appropriations and supplemental
budget for FY 2018-19 in the amounts shown in the summary.
Page 1 - COUNCIL BILL NO. 3089
RESOLUTION NO. 2128
76
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Amended Change Revised
1 Revenues 14,827,640 285,310 15,112,950 Operating Expenses 13,869,540 - 13,869,540
2 Fund Balance 7,717,000 (291,350) 7,425,650 Transfers Out 3,716,090 285,310 4,001,400
3 Contingencies&Reserves 4,959,010 (291,350) 4,667,660
Revised Total Fund Resources 22,538,600 Revised Total Fund Requirements 22,538,600
Comments: Fund balance adjustment and transfer for property sale
Transit Fund 110
Resource Original Change Revised Requirement Original Change Revised
1 Fund Balance 140,000 (6,000) 134,000 Operating Expenses 639,740 - 639,740
2 Revenue 613,800 156,000 769,800 Capital Outlay - 125,000 125,000
3 - Transfers Out 4,140 - 4,140
Contingencies&Reserves 109,920 25,000 134,920
Revised Total Fund Resources 903,800 Revised Total Fund Requirements 903,800
Comments: Transit tax and grant revenue changes
General Fund Cap Construction Fund 358
Resource Original Change Revised Requirement Original Change Revised
1 Grants - 1,065,000 1,065,000 Capital Outlay 3,602,000 1,678,710 5,280,710
2 Transfers in 2,002,000 313,710 2,315,710
3 Other Financing 1,600,000 300,000 1,900,000
3 Playground equip
Revised Total Fund Resources 5,280,710 Revised Total Fund Requirements 5,280,710
Comments: Transfer for projects-Community Center Design and Library Square Playground
Library Endowmnet Fund 690
Resource Original Change Revised Requirement Original Change Revised
1 Fund Balance 27,300 27,300 Transfer Out - 28,400 28,400
2 Interest Earnings 600 500 1,100 Contingency 27,900 (27,900) -
3
3
Revised Total Fund Resources 28,400 Revised Total Fund Requirements 28,400
Comments: Transfer for Library Square Playground project
Approved as to Form:
City Attorney Date
APPROVED:
Eric Swenson, 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. 3089
RESOLUTION NO. 2128
77
�(�'�'1 -r ,I lig♦ +"♦
BU
February 25, 2019
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
SUBJECT: Resolution to Finance up to $2.0 Million for City Hall Renovations
RECOMMENDATION:
That the City Council approve the resolution prepared by Bond Counsel
authorizing the City Administrator, the Finance Director, or their designee, to
negotiate the terms to finance up to $2.0 million for the City Hall Renovation
project ("Project").
BACKGROUND:
The existing city hall facility was constructed in 1976 and has served the
community well for the last 43 years. After years of deferred maintenance, a major
renovation of $3.7 million' was approved by Council in FY 2018-19. The table
below shows the cost changes that have been approved from the original
budget adoption up to, and including, the supplemental budget on tonight's
agenda.
FY 2018-19 11-13-2018 02-25-2019
Budget Amendment Amendment
Action Original budget $615,000 increase $300,000 increase
Funding Source
Savings $1,200,000 $1,815,000 $1,815,000
Financing $1,600,000 $1,600,000 $1,900,000
Total $2,800,000 $3,415,000 $3,715,000
The funding sources for the project include $1 .8 million from one-time savings and
$1 .9 million in external financing. This resolution authorizes staff to seek and finalize
1 $3.7 million includes supplemental budget adjustments through February 25, 2019
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x-
78
Honorable Mayor and City Council
February 25, 2019
Page 2
up to $2.0 million in financing to complete the City Hall Renovation project; $1 .9
million for renovations costs and an estimated $100,000 for issuance costs.
FINANCIAL IMPACT:
A maximum of$2.0 million is proposed for financing and issuance costs. Estimating
a fixed interest rate of 3.6% for a four year term, an annual debt service payment
of $576,700 will be budgeted in the General Fund beginning in FY 2019-20. An
update on the financing will be provided to Council during the FY 2019-20 budget
process.
79
COUNCIL BILL NO. 3090
RESOLUTION NO. 2129
A RESOLUTION AUTHORIZING A FULL FAITH AND CREDIT BORROWING
AND RELATED MATTERS
WHEREAS, the City of Woodburn, Marion County, Oregon (the "City") is
authorized by Oregon Revised Statutes Section 271 .390 to enter into financing
agreements to finance real or personal property which the City Council
determines is needed so long as the estimated weighted average life of the
financing agreement does not exceed the estimated dollar weighted average
life of the property that is financed; and
WHEREAS, the City has identified a need to improve the City Hall
(collectively, the "Project"); and
WHEREAS, the City Council hereby determines that the Project is needed,
and that it is desirable to finance the Project pursuant to ORS 271 .390; and
WHEREAS, because the financing is permitted by State law, the financing
would not be subject to the debt limit in Section 38 of the City Charter which
permits indebtedness "permitted by State Law"; and
WHEREAS, the City may make expenditures on the Project (the
"Expenditures") before the City borrows to finance the Project, and the rules of
the United States Internal Revenue Service require the City to declare its official
intent to reimburse itself for amounts that the City will spend before it borrows, in
order for the City to reimburse itself for those Expenditures from the proceeds of
a tax-exempt borrowing; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Financing Agreement Authorized. The City is hereby authorized
to enter into a financing agreement (the "Financing Agreement") pursuant to
ORS 271 .390 in an aggregate principal amount that is sufficient to provide no
more than $2,000,000 to finance the Project, plus additional amounts estimated
to be sufficient to pay costs associated with the Financing Agreement.
Proceeds of the Financing Agreement shall be used to pay costs of the Project
and costs associated with the Financing Agreement. The City Administrator or
the City Finance Director, or the person designated by the City Administrator or
City Finance Director (each of whom is referred to herein as a "City Official") are
Page 1 - Council Bill No.3090
Resolution No.2129
80
hereby authorized, on behalf of the City and without further action by the City
Council, to:
A. Determine the final principal amount, interest rates, payment dates,
prepayment rights and all other terms of the financing;
B. Negotiate the final terms of, and execute and deliver the Financing
Agreement and any related documents;
C. Select a commercial bank or another lender to provide the
financing authorized by this resolution;
D. Covenant for the benefit of the lender to comply with all provisions
of the Internal Revenue Code of 1986, as amended (the "Code") which are
required for the interest paid under the Financing Agreement to be excluded
from gross income for federal income tax purposes;
E. Designate the borrowing as a "qualified tax-exempt obligation"
pursuant to Section 265(b)(3) of the Code, if applicable;
F. Appoint and enter into agreements with Hawkins Delafield & Wood
LLP as bond counsel, and other service providers for the Financing Agreement;
and
G. Execute and deliver any other certificates or documents and take
any other actions which the City Official determines are desirable to carry out
this resolution.
Section 2. Security. Pursuant to ORS 287A.315, the City is authorized to
pledge its full faith and credit and taxing power within the limitations of Sections
11 and 11 b of Article XI of the Oregon Constitution to pay the amounts due
under the Financing Agreement. The City is not authorized to levy additional
taxes to pay the amounts due under the Financing Agreement.
Section 3. Declaration of Intent to Reimburse. The City hereby declares its
official intent pursuant to Section 1 .150-2 of the Treasury Regulations to reimburse
itself with the proceeds of the Financing Agreement for any Expenditures paid
before the Financing Agreement is issued.
Section 4. Effective Date. This resolution is effective immediately upon
adoption.
Page 2- Council Bill No.3090
Resolution No.2129
81
Approved and adopted by the City Council at a regular meeting held on
the day of February, 2019.
Approved as to Form:
City Attorney Date
APPROVED:
Eric Swenson, 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 3- Council Bill No.3090
Resolution No.2129
82
�'I'1�r I Iii♦ r}
B V'
February 25, 2019
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
SUBJECT: Award of Construction Contract for the N. First Street Improvements
Project
RECOMMENDATION:
1 . That the City Council, acting in its capacity as the Local Contract Review
Board, award the construction contract for the N. First Street Improvements
Project to the lowest responsible and responsive bidder, Pacific Excavation
Inc., in the amount of $3,688,000.00.
2. That the City Council authorize an additional $300,000 for this project as a
contingency for potential project change orders that may occur during the
construction process.
BACKGROUND:
This project is included in the approved FY 18/19 budget and includes a
complete rehabilitation of N. First Street between Oak Street and Harrison Street,
including streetscape features, sanitary sewer collection system improvements,
storm sewer improvements, asphaltic concrete paving, street lighting and
modified curb extensions.
Bids were publicly opened February 14, 2019. Eight (8) responsible and
responsive bids were received as follows:
Pacific Excavation, Inc. $3,688,000.00
Canby Excavating, Inc. $3,859,443.85
M.L. Houck Construction Company $3,923,418.70
Kerr Contractors Oregon, Inc. $4,037,022.00
K&E Excavating, Inc. $4,294,523.50
Eagle-Elsner, Inc. $4,429,161 .45
North Santiam Paving Co. $4,524,995.00
Kodiak Pacific Construction $4,902,902.00
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x
83
Honorable Mayor and City Council
February 25, 2019
Page 2
The Engineer's Estimate for the project is: $3,868,157.00
The recommended award is approximately 5% lower than the Engineer's
Estimate
DISCUSSION:
The First Street Improvements Project will provide streetscape improvements on
First Street between Oak Street and Harrison Street, including extending the side
streets to the east side of the existing alleys on Harrison Street, Lincoln Street,
Grant Street, Hayes Street, Garfield Street and Arthur Street. Two additional
improvements included with this project are the alley improvements between
Cleveland Street and Garfield Street and improvements to the existing second
street parking lot between Lincoln Street and Grant Street. The project is
anticipated to take approximately 5-8 months to complete
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City
of Woodburn, therefore, staff is recommending the contact be awarded.
FINANCIAL IMPACT:
The subject project is identified in the adopted fiscal year 2018/19 Budget and
funded by the Urban Renewal Agency.
84
N
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Iacor",0)'a 1 ed IN
February 25, 2019
To: The Honorable Mayor and City Council
From: Scott Derickson, City Administrator
SUBJECT: City Council Goal Setting Special Meeting Draft Agenda
During the City Council's February 11 , 2019, Regular Meeting, it was requested
that the Draft Agenda for the Council's upcoming March 2, 2019 Goal Setting
Special Meeting be presented for general review and discussion. The attached
Draft Goal Setting Agenda is the result of a February 13, 2019, meeting that
occurred during the weekly coordination meeting between Mayor Swenson,
Council President Carney, Facilitator John Morgan and myself. During the
meeting, a basic consensus was reached as to the general meeting format and
draft agenda. The City Council can review and make any changes to the Draft
Agenda as deemed appropriate.
Councilors should note that the March 2, Goal Setting Special Meeting, which will
be held in the Police Department's Community Room, will begin at 8:30 AM with
light breakfast snacks, includes a catered lunch and is planned to conclude
around 4:00 PM. The meeting will be noticed as a Special City Council meeting
and is open to the public.
• About Meeting Facilitator: John Morgan, Executive Director for The
Chinook Institute for Civic Leadership. The Chinook Institute for Civic
Leadership is the premier leadership development organization in
Oregon and the western United States. John produces and leads the
annual Chinook Institute and 20:20 Leadership Conference and
provides consulting services in Community and Organizational
Development for clients throughout Oregon and Southwest
Washington. John is well known in Oregon and has worked with the
City Council on past projects.
85
City of Woodburn
Council Goal Setting Agenda-March 2,2019
8:30 - 9:00 Gather for pastries, fruit, and beverages
9:00 - 9:45 Each Co uncilorshares in five minutes:
• Something each of the others should knowabout themselves
• Imp ortantasp ectsofplacesheorshehas lived
• Why they are serving on the Council
• The Council achievement in 2018 of which he or she is most
proud
Group Discussion
9:45 - 10:00 Break
10:00 - 10:30 John Morgan, facilitator
• Introduction and discussion of the goal settingpi-ocess and
desired outcomes
10:30 - 11:00 Presentation by Scott Derickson, City Manager
• Department reports on progress on 2018 Goals and forecasts
for 2019 and beyond
• Reports and recommendations from advisory boards
Council questions and discussion of potential goals
11:00 - 12:00 Councilor Introduction of potential goals
• Mayor Swenson -Survey results and ideas
• Each Councilor shares ideas
12:00 - 12:30 Lunch LUNCH WILL BE PROVIDED/CATERED
12:30 - 2:30 Discussion of potential goals including prioritization
2:30 - 2:45 Break
2:45 - 3:45 Discussion of action items for prioritized goals
3:45 - 4:00± Finalize goals and action items
Next steps
86