April 8, 2019 Agenda ERIC SWENSON,MAYOR
CITY OF WOODBURN VACANT,COUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
L MARY BETH CORNWELL,COUNCILOR WARD V
APRIL 8, 2019- v
.30 P.M. ERIC MORRIS,COUNCILOR WARD VI
Woodburn Public Library-280 Garfield Street
6:30 P.M. FIRST STREET IMPROVEMENTS PROJECT RIBBON CUTTING CEREMONY
Program begins at 6:30 p.m. in Downtown Woodburn at First Street
and Cleveland Street.
7:00 P.M. URBAN RENEWAL AGENCY MEETING - WOODBURN PUBLIC LIBRARY
7:10 P.M. REGULAR CITY COUNCIL MEETING - WOODBURN PUBLIC LIBRARY
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Ward 1 City Council position is vacant. Applications to fill the vacancy
will be accepted beginning Friday, April 5 through Friday, May 3.
Appointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. Child Abuse Prevention Month 1
Presentations:
B. Woodburn Recreation and Park Board
6. COMMUNICATIONS
None.
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. Comuniquese al (503) 980-2485.**
April 8, 2019 Council Agenda Page i
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.
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 March 25, 2019 2
Recommended Action: Approve the minutes.
B. Woodburn City Council Executive Session minutes of March 25, 2019 6
Recommended Action: Approve the minutes.
C. Woodburn Planning Commission minutes of December 13, 2018 7
Recommended Action: Accept the minutes.
D. Liquor License Application for Tito's Bar, I.I.C. 12
Recommended Action: The Woodburn City Council recommends
that the OLCC does not approve the Liquor License Application for
Tito's Bar, LLC.
E. Building Activity for March 2019 15
Recommended Action: Accept the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
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. 3095 - An Ordinance Relating to Ward Boundaries, 22
Placing Annexed Property in Ward V, and Declaring An Emergency
Recommended Action: Adopt the ordinance.
B. Memorandum of Agreement with the Oregon State Historic 32
Preservation Office (SHPO) Regarding the Formed Pix Theater
Property (461 N. First Street)
April 8, 2019 Council Agenda Page ii
Recommended Action: Approve the measures of preservation
reached between the City and SHPO regarding artifacts from the PIX
Theater, and authorize the City Administratorto sign a Memorandum
of Agreement (MOA) with SHPO to that effect.
C. Approval of First Street Contract Change Orders for Engineering 34
Services to Harper Houf Peterson Righellis (HHPR), Inc.
Recommended Action: That the Woodburn City Council, acting in
its capacity as the Local Contract Review Board, approve contract
change orders in the amount not to exceed $148,890 to Harper Houf
Peterson Righellis (HHPR), Inc. for additional Engineering Services for
design and construction management of the First Street
Improvements Project and authorize the City Administrator to sign
the contract change orders.
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
To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation
likely to be filed pursuant to ORS 192.660 (2)(h).
To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (2)(f).
16. ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1. Create an inclusive environment where residents participate and are engaged in the community
(that is vibrant,safe and active).
2. Promote an environment that encourages sustainable economic health maximizing our
geographic, workforce, cultural and community assets.
Strategic Goals
April 8, 2019 Council Agenda Page iii
3. Create an inclusive environment where Woodburn residents want to participate and are engaged
in the community.
4. Develop innovative funding sources to help support the completion of capital improvement
projects.
5. Grow and support strategic partnerships for economic health.
6. Explore the development of a non-profit consolidation facility.
7. Improve Communication and Coordination with School District on matters of mutual interest.
8. Completion of the First Street remodel.
9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc
steering committee to review and recommend design.
10. Creation of the Dick Jennings Community Leadership Academy.
11. Develop a strategy to limit PERS liability.
12. Establishment of a Woodburn 20 year community-visioning plan.
April 8, 2019 Council Agenda Page iv
PROCLAMATION
CHILD ABUSE PREVENTION MONTH
WHEREAS, every child deserves to live in ,a safe, loving and caring_family
environment; and
WHEREAS, in 2017 there were 11,077 reported victims of child abuse and neglect
in Oregon, of which 1,047 were victims in Marion County; and
WHEREAS,we endeavor to join together as individuals, organizations,and
government agencies to prevent child abuse in our county, providing opportunitiesto
educate, train,and support caregivers and by raising awareness of relevant topics,
including child development, basic-care skills, discipline strategies, and goal-setting for
parents; and
WHEREAS, by strengthening families and providing safe, stable, and nurturing
environments that are free from violence, abuse, and neglect, opportunities are created for
children's optimal growth and success,ensuring a secure future for our communities,where
the needs of children are a'priority and the needs of families are met; and
WHEREAS,the City of Woodburn has arranged for the overpass lights to shine blue
during the first week in April to bring attention and awareness to the issue of child abuse and
neglect in our communities.
NOW, THEREFORE, I, Eric Swenson, Mayor of the City of Woodburn ask
everyone to join together in protecting our children, and do hereby proclaim April 2019, as
"CHILD ABUSE PREVENTION MONTH"
IN WITNESS WHEREOF, I have hereunto set my hand and.caused the seal of the
City of Woodburn to be affixed this 3`d day of April 2019.
Eric Swenson, Mayor
City of Woodburn
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COUNCIL MEETING MINUTES
MARCH 25, 2019
DATE WOODBURN FIRE DISTRICT, CONFERENCE ROOM, CITY OF
WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 25, 2019
CONVENED The meeting convened at 7:00 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 Absent
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Finance Director Montoya, Public Works Director Liljequist, Economic
Development Director Johnk, Deputy Police Chief Pilcher, Communications Coordinator
Moore, City Recorder Pierson
APPOINTMENTS
Ellsworth/Schaub...approve the appointment of Beronica Rios to the Woodburn Recreation
and Park Board. The motion passed unanimously.
PRESENTATIONS
Assistant City Administrator Row provided background information on the Community
Center Project and updated the Council on the progress so far. Martin Segura, with Carleton
Hart Architecture, provided information on the proposed amenities and layout of the
community center. Connie Lum, Director with the Woodburn Senior Center, stated that they
are forgetting the people part of it and seniors need to be part of the solution. She provided
the City Council with handout on the Woodburn Senior Center. Ricardo Vazquez, a member
of the Woodburn Recreation and Park Board, stated that he believes this is a great idea and
agrees that seniors need attention, including Hispanic seniors. He added that they need to
reach out to the Latino community and get their support as well and that the City needs to find
a way to help the entire community understand this project. Anthony Veliz thanked the City
for getting the project to this point. He added that he believes the City should look at getting
private investment or have non-profit run it similar to the Kroc Center or YMCA.
CONSENT AGENDA
A. Woodburn City Council minutes of March 11, 2019,
B. Woodburn City Council Goal Setting Workshop minutes of March 2, 2019,
C. Liquor License Application for Tienda Mexicana Monte Alban, LLC.,
D. Crime Statistics through February 2019.
Carney/Morris... adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3094 - A RESOLUTION APPROVING TRANSFERS OF FY
2018-2019 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET
Carney introduced Council Bill No. 3094. Finance Director Montoya provided a staff report.
City Recorder Pierson read the bill by title only since there were no objections from the
Page 1 - Council Meeting Minutes, March 25, 2019
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COUNCIL MEETING MINUTES
MARCH 25, 2019
Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson
declared Council Bill No. 3094 duly passed.
SYSTEM DEVELOPMENT CHARGE (SDC) CREDITS FOR DEVELOPMENT
CONTRIBUTIONS OF QUALIFIED PUBLIC IMPROVEMENTS IN PHASES 4 AND
5 OF THE BOONES CROSSING PLANNED UNIT DEVELOPMENT (PUD)
Carney/Schaub... authorize an agreement for future reimbursement of excess sanitary sewer
SDC contribution credits in the amount of $19,256 to Woodburn Development LLC for
contributions of qualified public improvements that exceed the required capacity necessary
for construction of phases 4 & 5 of the Boones Crossing PUD. The motion passed
unanimously.
AWARD A CONTRACT FOR PRELIMINARY DESIGN SERVICES FOR THE I-5
PUMP STATION AND FORCE MAIN UPGRADES TO MURRAYSMITH, INC.
Carney/Ellsworth... accept the proposal of Murraysmith,Inc.for preliminary design services
for the I-5 Pump Station and Force Main Upgrades and authorize the City Administrator to
sign an Agreement. The motion passed unanimously.
CITY COUNCIL FY 2019-21 GOALS
Ellsworth/Schaub... approve the 2019-21 City Council Goals. The motion passed
unanimously. Councilor Ellsworth asked that the updated goals be placed on the City's
website.
CITY ADMINISTRATOR'S REPORT
City Administrator Derickson reported the following:
— A short executive session will be occurring after Council reports.
— Councilor Serratos resigned his position on the City Council. He noted that the Mayor
will appoint the next Councilor and the Councilor will confirm. The process for filling a
vacancy is to accept applications for those wanting to serve, have a public meet and greet
of the candidates, a Mayoral interview and then recommendation. He noted that he will
like to initiate the process soon.
— ODOT Fund Exchange is federal dollars that are exchanged for state dollars which can
be used in ways that federal dollars can not. These agreements will be coming to the
Council. The City is going to allocate $1 million of this money to the First Street Project
and there will be two $800,000 allocations that will be used for the Hardcastle
realignment and Hayes Street. This program will provide $350,000 annually to the City
for continuation of transportation improvements.
— The Mural Committee went through public hearing and ordinance training. They will be
holding a public hearing on April 171h at the police department at 5:30 p.m.
— First Street Ribbon Cutting Ceremony will take place during the first Council meeting in
Page 2 - Council Meeting Minutes, March 25, 2019
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COUNCIL MEETING MINUTES
MARCH 25, 2019
April and that the City Council meeting will take place.
— The water tower survey is still open and has received 168 responses so far.
— The Pix Theater work is underway. The historic society did a walk through to see if there
was anything salvageable of historic significance. They found nothing except perhaps the
exterior marquee and there may be a plan to preserve that and find something to do with
it.
— The City would like to do a Woodburn behind the scenes video with Councilors and both
Councilor Ellsworth and Councilor Morris have agreed to do it. If other Councilors are
interested, they should let him know. He added that he would like to do a video of the
Mayor giving the State of the City speech.
— The budget draft is almost complete and that it is a pretty tight budget,particularly in the
General Fund, but he is pleased with it.
— He will be conducting a new Budget Committee Member orientation for the new budget
committee members and invited Councilor Cornwell and Mayor Swenson to attend. The
budget meeting will take place April 271h .
— ODOT is proposing a pedestrian crossing on Hwy 99E near the Endzone. ODOT is asking
the City to agree to the maintenance of the crossing and added that the City has some
safety concerns about the crosswalk going over the 4 lane highway. An IGA may be
coming in the future in regards to this.
— The police department is working on a proposal to our Redflex agreement to include
speeding.
— Jackie Franke, with Catholic Charities, has sent him an abatement proposal and he will
forward it to the City Council so they can provide direction on the proposal. Councilor
Carney stated that he would like her to come to the Council in person so that they can ask
her questions on the proposal. Councilor Morris and the Mayor concurred.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell stated that it is spring break and she looks forward to the week off.
Councilor Ellsworth thanked the City's community partners for allowing the Council to use
their space.
Councilor Schaub thanked staff for the behind-the-scenes video of the kids visiting the water
and wastewater plants.
Mayor Swenson thanked staff for getting the room setup for the Council Meetings. He stated
that the Woodburn Proud Clean-up Day went great and thanked the Public Works Department
Page 3 - Council Meeting Minutes, March 25, 2019
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COUNCIL MEETING MINUTES
MARCH 25, 2019
for their help.
EXECUTIVE SESSION
Mayor Swenson entertained a motion to adjourn into executive session under the authority of
ORS 192.660(2)(e), Ellsworth/Schaub ... move into executive session. The motion passed
unanimously. The Council adjourned to executive session at 8:40 p.m. and reconvened at 8:53
p.m. Mayor Swenson stated that no action was taken by the Council while in executive
session.
ADJOURNMENT
Morris/Schaub... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:54 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, March 25, 2019
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EXECUTIVE SESSION
COUNCIL MEETING MINUTES
MARCH 25, 2019
DATE WOODBURN FIRE DISTRICT, CITY OF WOODBURN, COUNTY OF MARION,
STATE OF OREGON, MARCH 25, 2019
CONVENED The Council met in executive session at 8:44 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 Absent
Mayor Swenson reminded Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Media Present: None.
Staff Present: City Administrator Derickson, Assistant City Attorney Shields, Assistant City
Administrator Row, Economic and Development Director Johnk, City Recorder Pierson
The executive session was called:
To conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192.660(2)(e).
ADJOURNMENT
The executive session adjourned at 8:53 p.m.
APPROVED
Eric Swenson, Mayor
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 —Executive Session, Council Meeting Minutes, March 25, 2019
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WOODBURN PLANNING COMMISSION PUBLIC
HEARING/MEETING MINUTES
December 13, 2018
CONVENED: The Planning Commission met in a public meeting session at
7 p.m. in the City Hall Council Chambers, with Chair Charlie Piper
presiding.
ROLL CALL:
ChairPi ,er �` ; Present
Vice-Chair ar'i�elow Present
Commissioner Amen Present
Commissioner Present
Commissioner Do81 Aels ;; Present
Commissioner Lassen:~ '' Present
Commissionererten Present
Staff Present: Chris Kerr, Community Development Director
McKenzie Granum, Assistant City Attorney
Colin Cortes, Senior Planner
Introduction
Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners
in the flag salute.
Minutes
The November 8, 2018 minutes were approved as corrected.
Business from the Audience
Mayor Eric Swenson was introduced to the Commission and audience.
Communication
None
Public Meeting:
Commission Discussion:
HB 4006: Statutorily Required Hosting of Meeting about Affordability
of Housing / Rent Burden and Reporting to the State
The Oregon Legislature passed House Bill (HB) 4006 that among other
actions requires through Oregon Administrative Rule (OAR) 813-112-
0030) that cities including Woodburn with rent burdened populations to
host by year's end a meeting about the affordability of housing and report
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to the legislature a list of attendees and a meeting summary. The required
topic wording is:
"(a) The causes and consequences of severe rent burdens within the
City;
(b) The barriers to reducing rent burdens; and
(c) Possible solutions to reduce the rent-burdened households within the
City."
Online and print surveys are available for interested persons to fill out and return
by Dec. 20, 2018 at 5pm. Staff will report testimony received during the meeting
to the legislature.
Gustavo Gutierrez-Gomez, Community Relations Manager, translated for the the
Commission and in turn for the Spanish-speaking audience.
Maria Elena Guerra, Farmworker Housing Development Corporation (FHDC),
claimed the City in 2015 conducted a workforce housing study that found 75% of
the workforce cannot afford to live in town. She spoke about the development of
income-restricted Colonia Unidad [1750 Park Avenue; Design Review 2017-02],
comprised of 44 low-cost apartment units and said there is a great need for
affordable housing in Woodburn. She explained that Oregon Housing and
Community Services (OHCS) weighs grant applications with siting being a
criterion, and that because Woodburn has more than its share of official
affordable housing looking across Oregon as a whole, the town is
"oversubscribed" such that OHCS would give no points for a project location
being Woodburn, apart from actual need in town.
Lorrie Cox, 1700 Rainier Road, described herself as a mother of four elementary
school-age children and someone who had endured the school of hard knocks in
life such that she and her children had some time ago unexpectedly lost her
usual income and their house and that during the interim she rented, the rent
amount was within $10 of her total take-home pay. She emphasized that
calamity can befall people such that they find themselves in need of an
affordable rental.
A woman resident of Aztec Drive, who spoke Spanish and was provided English
translation assistance by the City's Community Relations Manager, Gustavo
Gutierrez-Gomez, stated that affordable Woodburn living spaces are saturated,
with five or six people living in a room, paying $300-400 apiece. She mentioned
predation by landlords includes rental application fees charged per person even
for family members and multiple would-be tenants for a single unit. She has
experienced great difficulty with the complicated applications and money that
was required with each application. She suffered at least one one-week eviction
notice. Waiting lists for rentals range from five months to a year. She stated that
landlords look upon renters like her as suspect and as being unable to keep up
with the rent payments. As she is not a farmworker, she cannot work with
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Farmworker Housing, and migrant labor consumes the housing market during the
agricultural season.
Pam Phan, of the statewide Community Alliance of Tenants (CAT), thanked the
City for the mailed invitation to the meeting and introduced Oregon Revised
Statutes (ORS) 90 as constituting state landlord/tenant law. CAT receives
hundreds of calls monthly, and Marion County residents generate many calls
including from Woodburn. Marion County is a top concern for CAT, even more
than Multnomah County. No-cause evictions are a problem, and tenants' fear of
them can and has led them not to make maintenance requests such that it
hastens dilapidation of some properties. CAT offers to suggest solutions to the
City and seeks to persuade the City to adopt local renter protections, including to:
• Train about renters' legal rights and lease responsibilities
• Increase no-cause eviction notice to 90 days minimum
• Fund legal aid
• Require relocation support, e.g. a small nominal fee paid by a landlord
who opts for a no-cause eviction or even "damages" such as three times
the monthly rent
• Ban no-cause evictions by requiring they be of"good" or "just" cause.
Ms. Phan noted also that landlords would be more likely to negotiate with and
retain tenants when tenants are able to work with them, reducing for landlords
the costs of finding replacement rental income.
A woman who lives on NE McKinley Street in Portland spoke to "(a) The causes
and consequences of severe rent burdens within the city", stating that Hispanic
housing demand reinforces that demand. She seeks that because the City has a
loop bus service and close-in destinations as a small city, along with the existing
Hispanic population these further attract Hispanics. Married with three children,
she often is blocked from a rental because of a landlord's occupancy limit. She
has shared a rental house with another family. Speaking to "(b) The barriers to
reducing rent burdens", tenants' credit records can be an obstacle.
A man named Aaron said that housing is too expensive; that after paying
Woodburn's high rent and basic bills, his paycheck is gone.
Commission Workshop:
Housing Needs Analysis (HNA): Task 2 "Housing Needs Projection"
Introduction of Project: The City will be conducting a housing needs
analysis so that Woodburn can better provide needed housing. Project
objectives are to:
• Guide decisions to ensure future growth is orderly, and efficient
• Ensure adequate land is inside of the Woodburn urban growth
boundary (UGB) to accommodate projected housing growth
• Consider housing policies the city could consider to improve housing
availability and affordability, and
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• Update and develop long-range planning policies in a manner that
preserves the character of the city and helps achieve a high quality of
life.
Objectives are for commissioners to ask questions of the consultant and
staff and to discuss and describe what the project objectives mean to
them concretely and what success looks like beyond legal and technical
aspects. The Commission will advise on the HNA and meet additional
times as the project proceeds to completion in June 2019.
Tim Wood, FCS Group, said that Housing Needs Analysis (HNA) is a
statewide goal. He presented a review of housing data and will return in
March 2019 to bring the Commission up to date with further results.
Chair Piper verified that FCS used the 2016 census as a baseline and that
growth estimates came from Portland State University (PSU), which was tasked
by the state to forecast population/housing growth. Mr. Wood will research the
algorithms PSU used to arrive at the numbers quoted and get back to the
Commission with a brief synopsis. As the proposed survey will eventually result
in further data based on the numbers received from PSU, the Chair wondered if
further analysis will be conducted as the twenty year timeline grows shorter.
Senior Planner Colin Cortes noted that we are required to use PSU's numbers
and said that as the time grows near to its twenty-year end, the City will decide
whether to repeat the forecast and a new HNA.
Woodburn has been averaging 60 home permits a year. Those average
numbers will skew once the Smith Creek Development [105 Ben Brown Lane
and vicinity; Subdivision 2017-01] is developed.
Public Hearing:
Public Facilities Plan (PFP) Update Comprehensive Plan Legislative
Amendment (LA 2018-03)
Consideration of a legislative amendment to the Comprehensive Plan to
incorporate a modified Public Facilities Plan (PFP). The PFP identifies
major infrastructure projects proposed to meet future demand in the City.
The Commission is required to make a recommendation on the proposal
prior to City Council consideration.
Lorrie Cox, 1700 Rainier Road, said that infrastructure for internet in Woodburn
is sorely lacking. The proposed homes in Smith Creek may be sold to
professionals that work from home. If we don't address the internet
infrastructure needed, we may lose this whole section of possible buyers.
The public hearing was closed.
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Director Chris Kerr noted that cable services aren't part of the Public Facilities
Plan. Chair Piper said that the previous comment about internet infrastructure
was valid in itself, though.
Commission Comments:
Commissioner Dos Reis moved to amend the Comprehensive Plan to include
the proposed Public Facilities Plan. Commissioner Bandelow seconded the
motion, which was approved unanimously.
Business from the Commission
None.
Staff Updates
Commissioner Berlin was officially reappointed to a regular 4 year term of office.
There will be no meeting on the fourth Thursday in December and a meeting on
the second Thursday in January is doubtful. However, there will be a Planning
Commission meeting with involving an annexation, a variance and a modification
of conditions on the fourth Thursday in January.
This is the last Planning Commission meeting at this location. For the next six
months all Planning Commission and City Council meetings will take place at the
Community Room in the Police Department. All City functions, including bill
paying, will be available City Hall's well-publicized new location at 970 N
Cascade Drive.
Adjournment
The meeting was adjourn at 9:00 pm.
APPROVED _10
Charlie Me thair '2 Date
ATTEST
Chris Kerr Date
Community Development Director
City of Woodburn, Oregon
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Iii♦ 4
B V'
April 8, 2019
TO: Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM: Andy Shadrin, Lieutenant
SUBJECT: Liquor License Application
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC does not approve the
Liquor License Application for Tito's Bar, LLC.
BACKGROUND:
Applicant: Tito's Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Point of
Contact: Ulises Morales
543 Doud Street
Woodburn, OR 97071
503-509-4204
Business: Tito's Bar, LLC
347 N. Front Street
Woodburn, OR 97071
503-509-4204
Owners: Ulises Morales
Agenda Item Review: City Administrator_x_ City Attorney_x Finance—X-
12
Honorable Mayor and City Council
April 8, 2019
Page 2
LICENSE TYPE:
New Outlet, Limited On-Premise Sales - Permits beer, wine, and cider sales for on
premise consumption. May sell kegs of beer and growlers of beer, wine, and
cider for off-premises consumption.
On March 18, 2019, the Woodburn Police Department received an application
for Limited On-Premise Sales liquor license for Tito's Bar, LLC. This establishment
contains a seating area with tables and a bar top with alcohol sales throughout
the establishment and is also required to serve food.
Tito's Bar, LLC will be located at 347 North Front Street, Woodburn, Oregon
97071 . The hours of operation are from 11 :00 A.M. to 9:00 P.M. Sunday. 11 :00
A.M. to 10:00 P.M. Monday through Thursday. 11 :00 A.M. to 12:00 A.M. Friday
and 11 :00 A.M. to 1 :00 A.M. on Saturday. The establishment indicates that there
will be no entertainment either live or recorded. The restaurant has seating for 48
patrons with no accommodation for outside seating. The Woodburn Police
Department has not received any communication from the public or
surrounding businesses in support of or against the proposed change.
DISCUSSION:
The Woodburn Police Department has completed a background investigation
on the subject(s) listed on the OLCC application. Ulises Morales was found to
have several criminal convictions.
The following conviction occurred on January 20, 2010, under ten years ago:
Failure to Register as a Sex Offender (Misdemeanor)
The following convictions occurred more than ten years ago:
DUII (Misdemeanor- February 15, 2000), Criminal Mischief II (Misdemeanor-
February 15, 2000), Sex Abuse III (Felony- October 10, 1998), and Criminal Driving
Suspended/Revoked (Misdemeanor- May 9, 1997).
Ulises Morales was contacted by the Woodburn Police Department on June 24,
2017, in regards to a physical fight between neighbors. The investigating officer
determined in his report that Ulises Morales was intoxicated and engaged in a
physical fight with his neighbors. No arrest was made but at the time of the
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Honorable Mayor and City Council
April 8, 2019
Page 3
initial investigation there was sufficient probable cause to arrest Ulises Morales
for Disorderly Conduct II.
Ulises Morales is a registered sex offender in the State of Oregon that last
reported on May 18, 2018.
FINANCIAL IMPACT:
None
14
(.'P'h1TY OF WOODBURN
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246
Date: April 3, 2019
To: Chris Kerr, Community Development Director
From: Ted Cuno, Building Division-,,,"/`/""""""""","I'°"l,�°,�l".""."",-�
Subject: Building Activity for March 2019
2017 2018 2019
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 0 $0 7 $1,542,503 1 $225,501
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 5 $35,300 7 $486,219 1 $10,000
Industrial 1 $25,000 4 $25,000 0 $o
Commercial 6 $2,084,099 8 $3,159,612 2 $61,000
Signs and Fences 1 $7,500 0 $0 0 $o
Manufactured Homes 0 $0 0 $0 0 $0
TOTALS 13 $2,151,899 26 $5,213,334 4 $296,501
Fiscal Year to Date (July I —
June 30
June30 $16,740,100 $40,425,727 $27,359,228
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Iii♦ 4
B V'
April 8, 2019
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Ward Boundaries
RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND:
Each city that elects city councilors on the basis of ward representation is
required to examine and, if necessary, modify ward boundaries within the same
year the results of the decennial census are released. In 2011 , the City
contracted with the Mid-Willamette Valley Council of Governments (COG) to
update Woodburn's Ward Boundaries in accordance with State law.
On November 13, 2018, the City annexed approximately 150 acres of territory
known as the Hazel M. Smith property. The City was contacted by Marion
County Elections to find out which ward this annexed property would be going
into. Since the property was surrounded by two wards and was quite large, the
City contacted COG and asked for their recommendation on ward placement
for this property.
DISCUSSION:
COG recommended that the annexed property be placed in Ward V based on
criteria from the Secretary of State for redistricting of representative boundaries.
The next decennial census will take place in 2020 and redistricting for cities will
take place in the summer of 2021 . Any imbalance that occurs due to
development of the property in the future can be addressed in 2021 during the
redistricting process.
This Ordinance contains an emergency clause so that the City Council's final
action can immediately be conveyed to the Marion County Elections
Department.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x-
22
Honorable Mayor and City Council
April 8, 2019
Page 2
FINANCIAL IMPACT:
None.
Attachments
COG's Analyses and Recommendation
23
Woodburn Population Estimate
Impact of 821-Unit Subdivision
Analyses were performed to assess the impact of a proposed 821-unit subdivision in a recently annexed
area of Woodburn, known as the Hazel Smith property, on the population balance between city council
wards.The property currently contains two housing units. The annexed area is adjacent mostly to Ward
5 and also Ward 1 (see map). A directive of the Secretary of State, Rule 2011-2, states "Each district or
precinct, as nearly as practicable, shall: 1) Be contiguous; 2) Utilize existing geographic or political
boundaries; 3) Not divide communities of common interest; 4) be connected by transportation links; 5)
For Districts, be of equal population; 5) No district shall be drawn for the purpose of favoring any
political party, incumbent elected official or other person; 6) No district shall be drawn for the purpose
of diluting the voting strength of any language or ethnic minority group".Based on the common
practice of creating districts that are as compact as possible, the recommendation would be for the
annexed property to be included in Ward 5.
Woodburn Ward 5 Population Estimate
Impact of 821-Unit Subdivision
Est. Current#residential units 1,395
Est. Current#GQ Units 3
Average household size* 3.15
Vacancy rate* 4.4%
Est. Occupied units 1,334
Est. Population in occupied units 4,201
Est. GQ population 25
Total estimated current Ward 5 population 4,226
Existing housing units in annexed area 2
Estimated population in existing units 6
New subdivision units 821
Est. Occupied new subdivision units 785
Est. Population in new subdivision units 2,472
Est.Ward 5 Population with new&existing units 6,705
Current Woodburn Population* 25,067
Est. Woodburn population with new units 27,541
Est.Target ward population with new units 4,590
Est. Population deviation from target 2,114
Est.%deviation from target 46.1%
*Source:U.S.Census 2013-2017 5-year ACS
Housing unit data source:Address points from WVCC
24
Ward 5 Population Estimate
Ward 5 currently contains an estimated 1,395 residential housing units and 3 group quarters with a
combined capacity of 25. An estimate of the number of occupied units was calculated using Woodburn's
vacancy rate of 4.4%at 1,334 units.The population of occupied units was calculated using Woodburn's
average household size of 3.15 persons per unit at 4,201.Total population was calculated by adding the
estimated housing unit population and the group quarters capacity, resulting in a total population
estimate of 4,226.
Population Estimate of New Subdivision
The area where the subdivision is proposed currently contains 2 existing housing units, assumed to be
occupied.When fully built out, the subdivision will contain an additional estimated 785 occupied
housing units.The estimated population of the subdivision is calculated at 2,472 persons.The
population estimate of the existing two units is 6.The projected total population of Ward 5 with the
new subdivision and existing units is calculated at 6,705 persons.The target population for the 6 council
wards is calculated at 4,590 (Woodburn's 2017 estimated population divided by 6 wards).The estimated
Ward 5 population exceeds the target population by 2,114 persons (46.1%). Depending on how much of
the subdivision has been built by Census day in 2020,this area may require revisions following the
decennial Census.
Redistricting Process
Redistricting occurs during the year following each decennial Census.The Census Bureau releases the
PL94-171 redistricting files by the end of January of that year. Redistricting of legislative and
congressional boundaries occurs immediately following the release of the redistricting files. Once this is
completed, local governments and special districts can proceed with redistricting and must use the
newly drawn legislative and congressional district boundaries. Redistricting for cities and special districts
will take place in Summer 2021. It is recommended that the city participate in the Census Bureau's
Boundary and Annexation Survey(BAS)to ensure that population are accurately tabulated for the
correct city boundary.
For more information, please contact Lesley Hegewald, GIS Analyst/Data Specialist, Mid-Willamette
Valley Council of Governments, at Ihegewald@mwvco .or or (503)540-1622.
25
City of Woodburn Council Wards
and Annexed Area
4
d�
G
Ain irnxxxd A ma
rJ
I _
I.....
-N
-'-+ 0.5 0.25 0 0.5 MllesMID WILLAMEUE VALLEY
S � ...g COUNCIL Of 60VfRNM[N7S
f
COUNCIL BILL NO. 3095
ORDINANCE NO. 2572
AN ORDINANCE RELATING TO WARD BOUNDARIES, PLACING ANNEXED PROPERTY
IN WARD V, AND DECLARING AN EMERGENCY
WHEREAS, the City Charter apportions the City into six wards, and requires
alteration of the ward boundaries not less than once every ten years to maintain
an equal population distribution; and
WHEREAS, the City Council completed a public process to reapportion
ward boundaries following the 2010 census; and
WHEREAS, the next redistricting process for cities will take place in 2021 ; and
WHEREAS, on November 13, 2018 the City annexed approximately 150
acres of territory known as the Hazel M. Smith property; and
WHEREAS, Marion County Elections asked the City which ward the annexed
property would be placed in; and
WHEREAS, the City contracted with the Mid-Willamette Valley Council of
Governments (COG) for a recommendation on which ward the annexed
property should be placed; and
WHEREAS, COG recommended that the annexed property be placed in
Ward V; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the annexed property legally described in Exhibit "A" and
mapped in Exhibit "B", be designated as Ward V.
Section 2. That a copy of this ordinance shall be sent to the Elections
Department of Marion County, Oregon.
Section 3. This Ordinance being necessary for the immediate preservation
of the public peace, health, and safety, because there is an election in May and
the annexed property currently has voters, an emergency is declared to exist
and this Ordinance shall take effect immediately upon passage by the Council
and approval by the Mayor.
Page 1 - Council Bill No. 3095
Ordinance No. 2572
27
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 1 - Council Bill No. 3095
Ordinance No. 2572
28
Legal Description For: Sur
City OfWoodburn
Property tobeannexed
Atract ofland situated inthe southeast one-quarter ofSection 12 and all quarters of
Section 13, Township 5 South, FloOge 2VVeet and the southwest one-quarter ofSection
7 and the northwest one-quarter of Section 18, Township 5 South, Range 1 West of the
VVi||annetto Moridian, Marion County. C)reg0D, more particularly described as follows:
Beginning at the northeast corner of Parcel 1, Partition Plat 94-110, as platted and
recorded in the Marion County Book of Partition Plats, said point being North
2"25'40" East 22.00feet from the northwest corner ofLot 12 in SMITH'S ADDITION
NO. 4. aaplatted and recorded inVolume 4O. Page 15. Book ofTown Plats for
Marion County, Oregon; and running thence along the existing City ofWoodburn
City Limits boundary onthe following 16 courses:
thence South 2"25'4O" West 343.17feet along the west line ofsaid SMITH'S ADDITION
NO. 4tothe northwest corner ofSMITH'S ADC>|T|C}N NO. 3, as platted and
recorded in Volume 32, Page 49. Book of Town Plats for Marion County. Oregon;
thence South 28"15'O1^ East 203.02feet along the west line ofsaid SMITH'S ADDITION
NO. 3 t on angle point thereof;
thence South 16"42'31'' West 1288.G7feet along said west line and the west line of
SMITH'S ADDITION NO. 2. aeplatted and recorded inVolume 28. Page 43. Book
of Town Plats for Marion County. [)e*Qon to o point on the north line of that property
conveyed tothe City ofWoodburn inthat instrument recorded in Reel 2473, Page
338. Marion County Deed Records;
thence North 87"2O'44'' West 282.41feet along said north line toenangle point thereof;
thence North 72033'09"West 211.00 feet along said north line of the City of Woodburn
property tothe northwest corner thereof;
thence South 17023'29" West 207.41 feet to the most Westerly southwest corner of said
City DfWoodburn property;
thence South 88"37'O2'' East 211.54feet along the south line ofsaid City ofWoodburn
property to an angle point thereof;
thence South 87°31'3O^ East 581.52feet along said south line and its Southeasterly
extension thereof;
.
thenma8outh17"O2'17^ VVeet4O5.O7feettoepointonthenorthrightofvvey |iOeofBen
Brown Lane;
.
thence North 07"32'2O^ West 318.48feet along said north right ofway line;
thence South 19001'35" West 155.15 feet to a point on the northeasterly line ofParcel 2
in the aforementioned Partition Plat 94-11O�
.
thence North 67037'02" West 230.97 feet along said northeasterly line to an angle point
thereof;
thence North 8S"28'O2'' West 831.G1feet along the north line ofsaid Parcel 2and the
north line of Parcel 3 in said Partition Plat 94-110 to the northwest corner of said
Parcel ��
.
sas7Kashmir Way SE phone: sosaaaVuno E-mail:
Salem,OR vrs/r mm: sos'aoa**av Web Page: vm^w.oamcmm/sun.mom
29
thence South 0031'03"West 876.29 feet along the west line of said Parcel 3 and its
Southerly extension thereof to a point in the centerline of Parr Road (County Road
517);
thence North 89039'00"West 1195.31 feet along said centerline;
thence leaving said centerline, South 0021'00" West 30.00 feet to a point on the south
right of way line of said Parr Road;
thence North 89039'00"West 571.61 feet along said south right of way line to an angle
point thereof;
thence North 89041'09" West 64.99 feet;
thence leaving said south right of way line, North 0°18'51" East 60.00 feet to a point on
the north right of way line of said Parr Road;
thence South 89041'09" East 50.00 feet along said north right of way line to a point on
the west right of way line of Stubb Road (County Road 517), said road recorded as
being 30 feet wide;
thence North 0°20'21" East 1523.14 feet along said west right of way line to the north
terminus of said county road;
thence South 89039'39" East 27.84 feet to the southeast corner of Parcel 2, Partition Plat
2010-33, as platted and recorded in the Marion County Book of Partition Plats;
thence North 0024'12" East 471.14 feet along the east line of said Parcel 2 to the
northeast corner thereof, said point being on the south line of MONTEBELLO 2, as
platted and recorded in Volume 44, Page 108, Book of Town Plats for Marion
County, Oregon;
thence along the existing City of Woodburn City Limits boundary on the following 7
courses:
thence South 89035'22" East 859.57 feet along the south line of said MONTEBELLO 2
and its Easterly extension thereof to an angle point in the north line of the
aforementioned Parcel 1, Partition Plat 94-110;
thence North 00034'49" East 23.62 feet to an angle point in said north line, said point
being on the Westerly extension of the south line of WOODBURN SENIOR
ESTATES NO. 7, as platted and recorded in Volume 22, Page 42, Book of Town
Plats for Marion County, Oregon;
thence South 88057'41" East 1278.98 feet along said Westerly extension and south line
to the southeast corner of said WOODBURN SENIOR ESTATES NO. 7;
thence North 0034'30" East 1107.53 feet along the east line of said WOODBURN
SENIOR ESTATES NO. 7 to an angle point in the aforementioned north line of
Parcel 1, Partition Plat 94-110;
thence South 88037'48" East 726.07 feet along said north line to an angle point thereof;
thence North 00034'33" East 150.18 feet to an angle point thereof;
thence South 88034'32" East 399.96 feet along said north line to the Point of Beginning,
containing 148.57 acres of land, more or less.
Bearings are based on Marion County Survey Record 24089, along the centerline of
Parr Road.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
/z ,
OREGON
JULY 19,1994
GREGORY L.WILSON
2687 w.
L-x tol A2'-':s
3657 Kashmir Way SE Phone: 503-588-8800 E-mail: :iD_fg_@b_aj_ke_r_vLij1_qn.cq_m
Salem,OR 97317 Fax: 503-363-2469 Web Page: www.barkerwilson.com
30
Exhibit B
AREAANNEXED INTO THE CITY OF WOODBURN �
IN THE SE 1 OF SECTION 12.
THE NE, SE, SW, NW 1/4 OF SECTION 13, NE1LIE IT'Ry
T.SS., R.2W., AND THE SW 1/4 OF SECTION 7 EL SCHOOL
THE NW 1/4 OF SECTION 18, T.SS., R.1W., W.M., V 5j75
MARION COUNTY, OREGON P'17 NE CORNER PARCEL 1,
DECEMBER 18, 2017 PP 94-11a
N00'50.18' 5889 'E SMIp.I'SNp4
S88'38 48"E 399.969.96' P OB OIRON 15)
- 72607' _ �V.q0'a GRAPHIC SCALE
1; 1 IDESAN77S DR(60'R/W) 500 250 0 250 500 100
S2'25'4O'W 343,17' i
( IN FEET )
0 o s2a;i5o,'E 262.62' -P(60 R� 1 inch = 500 ft.
o �
ENJ
( p . P �.
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pNiENO10 pp2N
CEa"RN e NTEOEI-1 108) 49
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2 j'-589'3522'E 969,5T- _ S88'57'41"E127896, - .� SM17N SNp.2
ARCRL 33 NOO'34 49'E N67'28'44"W 262.41' p 11100 43)
P.P.2 j0' NO'24'12'E 471.14' 23.62' ' N7233'09"W 211.00' ADD
D p9,
S89'39'39"E 27.a4'--\, 1 '
817'23'29'W 207 41' ..L
i 100 y f -W/7H DR(60'R/W) PROPOSED ANNEXATION AREA
n,20 9 �
,1p0 APR 94L 110 5893702E 21154' 5673,'30"E 581.52' CIN OF WOODBURN CITY LIMITS BOUNDARY
- IL 519 01 35 W 155,15' ,s00
N67'37'02"W 23097" 51702'17"W 405.87'
:-N89'2a42"W 831.6 "
F
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a pAR yEq-110 p�R'CEL
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P
P E5P Sh N67'32'20"W 319.48' S URVEYING
PARR AC PARK
S89'41
09 50.00 I N MOOILE HOME ��
NO'18'S1'E,10.00 1, 0I, 1., 1
Na9'34 o w,795.31 �� s 3657 KASHMIR WAY SE
N89'41'09"W 6499 3822 So'21'00"W 30.00' PARR ROAD (CR 517)(R/W VARIES) P SALEM,OREGON 97317
Rp.457 N89'39'00'W 57,.6,' �� PHONE (503) 588-8800 FAX
(503) 363-2469
EMAIL:INFOOBARKER WILSON.COM
31
u -,49M& Item
8U
a 1,d f;'! 7
April 8, 2019
TO: Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
McKenzie Granum, Assistant City Attorney
SUBJECT: Memorandum of Agreement with the Oregon State Historic
Preservation Office (SHPO) Regarding the Formed Pix Theater
Property (461 N. First Street)
RECOMMENDATION:
Approve the measures of preservation reached between the City and SHPO
regarding artifacts from the PIX Theater, and authorize the City Administrator to
sign a Memorandum of Agreement (MOA) with SHPO to that effect.
BACKGROUND:
In 2014, the City completed a historic properties inventory in downtown
Woodburn where buildings were identified and scored based on their historical
significance and contribution to a "historic downtown district". In this inventory,
the PIX Theater was identified as a "contributing" historic building and SHPO
designated it as such.
After purchasing the PIX property, the City was required to provide notification
to SHPO that the building was going to demolished. The required notification
was made on January 9, 2019. The City received a follow-up letter from SHPO
notifying the City that due to the historical significance of the building, a
mitigation plan would be required in order to remediate the impact that
demolishing the PIX Theater will have on the community.
DISCUSSION:
After negotiating with SHPO over the last 6-8 weeks, the City and SHPO reached
an agreement that included the City agreeing to undertake the following
mitigation measures:
1 ) Interpretive Display: The CITY will develop an interpretive display at the
Woodburn Museum/Bungalow Theater commemorating the history of
the PIX Theater. SHPO shall review the draft interpretive display. The
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x-
32
Honorable Mayor and City Council
April 8, 2019
Page 2
display will include, at a minimum, historic photos, community
recollections, and the following materials:
• Character defining building materials, including glass blocks and tiles,
which will be salvaged prior to demolition and stored at the CITY's
Public Work's storage warehouse until the interpretive display is
installed; and
• Up to a half-row of seats from the PIX Theater, which will be salvaged
and reclaimed prior to demolition and stored at the CITY's Public
Work's storage warehouse until the interpretive display is installed.
2) Pix Theater Sign: The CITY, to the best of its ability and based on the
structural integrity and soundness of the Pix Theater building, will
endeavor to remove and salvage the theater's exterior sign prior to- or
at the time of demolition. If the sign, in part or in whole, can be
successfully salvaged, it will be stored at the CITY's Public Work's storage
warehouse until a suitable and publicly appropriate location can be
identified to display the sign. Due to the considerable size of the sign, it
will be unable to be displayed alongside the interpretive display at the
Woodburn Museum/Bungalow Theater. The CITY agrees that it will
continue to consult with SHPO regarding the status of the CITY's ability to
salvage, store, restore, and ultimately find a location to display the sign.
FINANCIAL IMPACT:
There is minimal financial impact to implement these measures. The cost to
remove the PIX sign was included in the demolition bid.
33
�'I'1�r I Iii♦ r}
Y 9M& Item
BU
Pri,e�arrt rr rf aR'!87
April 8, 2019
TO: Honorable Mayor and City Council
FROM: Eric Liljequist, Public Works Director
SUBJECT: Approval of First Street Contract Change Orders for Engineering
Services to Harper Houf Peterson Righellis (HHPR), Inc.
RECOMMENDATION:
That the Woodburn City Council, acting in its capacity as the Local Contract
Review Board, approve contract change orders in the amount not to exceed
$148,890 to Harper Houf Peterson Righellis (HHPR), Inc. for additional Engineering
Services for design and construction management of the First Street Improvements
Project and authorize the City Administrator to sign the contract change orders.
BACKGROUND:
In January 2018, City Staff utilized a Request for Proposals (RFP) process to solicit
engineering and design services for the First Street Improvements Project. The
culmination of this RFP process resulted in the City awarding a contract agreement
for design services to Harper Houf Peterson Righellis (HHPR). The negotiated "not-
to-exceed" contract amount with HHPR was $220,954 for the engineering and
design services associated with the First Street Improvements Project.
DISCUSSION:
During the course of design, changes were both requested and later required to
complete the project. Per City Ordinance No. 2381 stipulations, Public Works has
already executed change orders totaling $48,890 for additional design services,
including bulbout redesigns, intersection redesigns, additional topography for the
alleys, and verification of existing survey points. The Public Works Department now
desires to add some construction management services to HHPR's existing
contract in the amount not-to-exceed $100,000. This change order would allow
City engineering staff to focus on other development & CIP projects in the City
Agenda Item Review: City Administrator_X City Attorney_X Finance_X_
34
Woodburn City Council
April 8, 2019
Page 2
while still providing general oversight on the First Street Improvements project. The
broadened scope of HHPR's services would include construction site inspections for
adherence with construction documents, additional redesign work, as-built
documentation, and assistance with project close-out items.
The original contract award was in conformance with public contracting laws of
the State of Oregon as outlined in ORS Chapter 279C and the laws and regulations
of the City of Woodburn. This change order approval would not substantially alter
or change the scope or nature of that original award, and therefore, staff is
recommending the City Administrator be authorized to sign the contract change
orders of up to $148,890 with Harper Houf Peterson Righellis (HHPR), Inc. for
additional design and engineering services for the First Street Improvements
Project.
FINANCIAL IMPACT:
The maximum additional impact to Urban Renewal Agency budget for additional
Engineering Services with HHPR is in the amount of $148,890. The engineering and
design services are funded by the approved FY 2018/19 Urban Renewal Agency
budget.
35
MEMORANDUM OF AGREEMENT BETWEEN
CITY OF WOODBURN
AND
THE OREGON STATE HISTORIC PRESERVATION OFFICE
REGARDING THE PROPERTY LOCATED AT 461 N. FIRST STREET
WOODBURN,MARION COUNTY,OREGON (THE PIX THEATER)
WHEREAS, City of Woodburn (CITY) proposes to demolish the PIX Theater located at 461 N. First
Street,Woodburn, Marion County, Oregon; and
WHEREAS, CITY consulted with the Oregon State Historic Preservation Office (SHPO) pursuant to
the Oregon Revised Statue (ORS) 358.653 to consider effects of the undertaking on the historic
property; and
WHEREAS, CITY defined the undertaking's area of potential affect (APE) as the footprint of the
PIX Theater, and the SHPO concurred (SHPO Case 19-0059); and
WHEREAS, CITY determined, and the SHPO concurred, that the PIX Theater is eligible for listing
in the National Register of Historic Places; and
WHEREAS, CITY determined, and the SHPO concurred, that the undertaking will adversely affect
the eligible PIX Theater; and
WHEREAS,the project information was submitted to the CITY for review and approval was
made available to the public via notice through newsletter and newspaper; and
NOW,THEREFORE,CITY and the SHPO agree that the undertaking shall be implemented in
accordance with the following stipulations in order to take into account the adverse effect of the
undertaking on historic properties.
I. STIPULATIONS
CITY shall ensure that the following measures are carried out:
1) CITY will develop an interpretive display at the Woodburn Museum/Bungalow Theater
commemorating the history of the PIX Theater. SHPO shall review the draft interpretive
display.The display will include, at a minimum, historic photos, community recollections, and
the following materials:
• Character defining building materials, including glass blocks and tiles, which will be
salvaged prior to demolition and stored at the CITY's Public Work's storage warehouse
until the interpretive display is installed; and
• Up to a half-row of seats from the PIX Theater,which will be will be salvaged and
reclaimed prior to demolition and stored at the CITY's Public Work's storage
warehouse until the interpretive display is installed.
2) Pix Theater Sign:The CITY,to the best of its ability and based on the structural integrity and
soundness of the Pix Theater building, will endeavor to remove and salvage the theater's
exterior sign prior to-or at the time of demolition. If the sign, in part or in whole, can be
successfully salvaged, it will be stored at the CITY's Public Work's storage warehouse until a
suitable and publicly appropriate location can be identified to display the sign. Due to the
considerable size of the sign, it will be unable to be displayed alongside the interpretive
display at the Woodburn Museum/Bungalow Theater.The CITY agrees that it will continue to
consult with SHPO regarding the status of the CITY's ability to salvage, store, restore, and
ultimately find a location to display the sign.
II. REVIEW OF MITIGATION MATERIALS
CITY shall provide the signatories and consulting parties at least one opportunity lasting a minimum of
thirty (30) calendar days to comment on the completeness of the mitigation materials specified in the
stipulations described Stipulation I. of this document before final submission. Comments provided by
the signatories and consulting parties shall be taken into consideration within the limits of the project as
described in the stipulations.
III.AMENDMENTS
Any signatory may request that this MOA be amended by submitting such a request to the other
signatories and consulting parties in writing. CITY shall consult with the signatories and consulting
parties for up to thirty(30) calendar days, or another time period agreed to by all signatories, from the
date of receiving the amendment request, concerning the necessity and appropriateness of the
proposed amendment. At the end of the consultation period CITY shall provide an amended MOA for
signature by the signatories and consulting parties or a written statement describing why the proposed
CITY choose not to pursue an amendment to this MOA. Amendments shall be effective on the date a
copy of the MOA is signed by all of the signatories and filed with the SHPO.
IV.TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be carried out,that party shall
immediately consult with the other signatories to attempt to develop an amendment per Stipulation III,
above. If within thirty(30)days of initial consultation on termination, or another time period agreed to
by all signatories, an amendment cannot be reached, any signatory may terminate the MOA upon
written notification to the other signatories.
Once the MOA is terminated, and prior to work continuing on the undertaking, CITY must execute an
MOA pursuant to Oregon SHPO guidelines for implementation of ORS 358.653(1). CITY shall notify the
signatories as to the course of action it will pursue.
V. DURATION
This MOA will expire if its terms are not carried out within five (5)years from the date of its execution.
Prior to such time, CITY may consult with the other signatories to reconsider the terms of the MOA and
amend it in accordance with Stipulation III above.
VI. EXECUTION
Executions of this MOA by CITY and SHPO and implementation of its terms evidence that CITY took into
account the effects of the undertaking on historic properties under ORS 358.653.
Ii;i,�y/sir
MEMORANDUM OF AGREEMENT BETWEEN
CITY OF WOODBURN
AND
THE OREGON STATE HISTORIC PRESERVATION OFFICE
REGARDING THE PROPERTY LOCATED THE PIX THEATER AT 461 N. FIRST STREET
WOODBURN,MARION COUNTY, OREGON
SIGNATORIES:
City of Woodburn
Date
Scott Derickson, City Administrator
Oregon State Historic Preservation Office
Date
Christine Curran, Deputy State Historic Preservation Office
Parks ar�d Rec,reation Departnierit
.................. emo .......................
............................................ ................................ ......................................................................................
MR,, cw[ )
April 4,2019 f,
Ms. Jamie Johnk
City of Woodburn
970 Cascade Dr
Woodburn, OR 97071
RE: SHPO Case No. 19-0059
City of Woodburn, PIX Theater Demo
Demo city owned hazardous builiding
461 N First Street, Woodburn,Manion County
Dear Ms. Johnk:
Thank you for providing the revised Memorandum of Agreement(MOA) resolving the adverse effect
to the PIX Theater under Oregon Revised Statute 358.653. Our office reviewed the MOA and has no
further comment. Please forward the document to our office for signature once it is approved by the
City Council.
Please contact me with any further questions or comments.
Sincerely,
Ian P. Johnson, M.A.
Associate Deputy SHPO
(503) 986-0678
ianjohnson@oregon.gov