August 12, 2019 Agenda EIC SWENSON,MAYOR
CITY OF W OO D B U R N DEBBIE CABRAL SRCOUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
AUGUST 12, 2019- 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. MOMENT OF SILENCE FOR THE VICTIMS IN GILROY, EL PASO AND DAYTON
4. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The August 26, 2019 City Council meeting/Community Barbecue will
take place at City Hall and the Downtown Plaza. The meeting will
begin at 5:30 pm and the BBQ will start shortly after.
A1212ointments:
B Community Center Citizens Advisory Committee 1
• Anthony Veliz
• Randi Garcia Cruz
• Karsen O'Bryan
• Kevin Grossnicklaus
• David Piper
• Kathy Figley
5. WORK SESSION
A. Transportation System Plan
6. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
7. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Police Chief Jim Ferraris and Sheriff Joe Kast - Mobile Crisis Response
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.**
August 12, 2019 Council Agenda Page i
Team
B. Accela Update
8. COMMUNICATIONS
None.
9. 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.
10. 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 July 22, 2019 2
Recommended Action: Approve the minutes.
B. Acceptance of Two Easements at 440-450 Parr Road 5
(Valor/Heritage Schools), Woodburn, OR 97071 (Tax Lot
052W 1300500)
Recommended Action:That City Council authorize the dedication
of two public utility easements granted by The Woodburn School
District, owners of the property located at 440-450 Parr Road,
Woodburn, OR 97071 (Tax Lot 052W1300500).
C. Acceptance of Two Easements at 1800 W. Hayes Street (Nellie 15
Muir School), Woodburn, OR 97071 (Tax Lot 052W12DD06300)
Recommended Action:That City Council authorize the dedication
of two public utility easements granted by The Woodburn School
District, owners of the property located at 1800 W. Hayes Street,
Woodburn, OR 97071 (Tax Lot 052W1 2DD06300).
D. Acceptance of Two Easements at 965 N. Boones Ferry Road 24
(French Prairie School), Woodburn, OR 97071 (Tax Lot
051 W07BD02300)
Recommended Action:That City Council authorize the dedication
of two public utility easements granted by The Woodburn School
District, owners of the property located at 965 N. Boones Ferry
Road, Woodburn, OR 97071 (Tax Lot 051 W07BD02300).
E. Acceptance of a Warranty Deed at 1800 W Hayes Street (Nellie 33
Muir School), Woodburn, OR 97071 (Tax Lot 052W12DD06300)
Recommended Action:That City Council authorize a right-of-way
dedication granted by The Woodburn School District, owners of
the property located at 1800 W. Hayes Street, Woodburn, OR
97071 (Tax Lot 052W 12DD06300).
August 12, 2019 Council Agenda Page ii
F. Liquor License Application for EI Tule Taqueria 38
Recommended Action:The Woodburn City Council recommends
that the OLCC approve the Liquor License Application for EI Tule
Taqueria.
G. Liquor License Application for Tito's Bar, I.I.C. 40
Recommended Action:The Woodburn City Council recommends
that the OLCC does not approve the Liquor License Application
for Tito's Bar, LLC.
H. Building Activity for July 2019 43
Recommended Action: Receive the report.
11. TABLED BUSINESS
None.
12. PUBLIC HEARINGS
A. 2019 Community Development Block Grant (CDBG) from Business 59
Oregon for a Family Resource Center in Woodburn
Recommended Action: Hold a public hearing to consider the City's
application for a 2019 Community Development Block Grant to fund a
Woodburn Family Resource Center
13. 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. 3103 - An Ordinance Prohibiting Tobacco Use, 61
Smoking, and the Use of Inhalant Delivery Systems in Woodburn City
Parks
Recommended Action:That the City Council consider the adoption
of the attached ordinance prohibiting tobacco use in public parks.
B. Council Bill No. 3104 - A Resolution Authorizing the Application and 64
Acceptance of a Community Development Block Grant to Acquire
Real Property for a Family Resource Center and Authorizing the
Mayor and/or the City Administrator to Execute All Related
Documents
Recommended Action: Approve the Resolution authorizing
submission of the application for the grant and authorizing the Mayor
and/or City Administrator to execute any and all documents related
August 12, 2019 Council Agenda Page iii
to the grant application and to effectuate an award of the grant.
C. Mobile Crisis Response Team Intergovernmental Agreement 66
Recommended Action: That the City Council, acting as the Local
Contract Review Board, authorize the City Administrator to sign the
proposed Intergovernmental Agreement (IGA) with Marion County
to continue the Mobile Crisis Response Team (MCRT).
D. Authorization of Additional $150,000 for Contract Change Orders for 73
the N. First Street Improvements Project
Recommended Action: That the City Council, acting in its capacity
as the Local Contract Review Board, authorize an additional
$150,000 for this project for anticipated project change orders during
the final construction stages of the N. First Street Improvements
Project.
14. 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.
A. Call-Up Briefing: Planning Commission Approval of a Conditional 75
Use Application (CU 2019-03) for Sun Nam Yl at 385-397 N. Front
Street (Del Sol Market)
Recommended Action: Staff recommends no action and briefs the
Council on this item pursuantto Woodburn Development Ordinance
(WDO) Section ....02....02.. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing
body to negotiate real property transactions pursuant to ORS
192.660(2)(e).
18. ADJOURNMENT
August 12, 2019 Council Agenda Page iv
OFF I Iii♦ r}
B V'
August 7, 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, August 12, 2019. No reply is required if you approve of my decision.
Community Center Citizens Advisory Committee
Anthony Veliz
Randi Garcia Cruz
Karsen O'Bryan
Kevin Grossnicklaus
David Piper
Kathy Figley
1
COUNCIL MEETING MINUTES
JULY 22, 2019
DATE WOODBURN POLICE DEPARTMENT, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JULY 22, 2019
CONVENED The meeting convened at 7:00 p.m. with Council President Carney presiding.
ROLL CALL
Mayor Swenson Absent
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Cabrales Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Deputy Police Chief Pilcher, Lieutenant Millican, Economic
Development Director Johnk,Public Works Director Liljequist,Recreation Services Manager
Cuomo, Communications Coordinator Moore, Executive Legal Assistant Bravo, City
Recorder Pierson
ANNOUNCEMENTS
City Hall functions have been moved back to 270 Montgomery Street. The August 12 City
Council meeting will take place in the Council Chambers at City Hall.
The August 26, 2019 City Council meeting/Community Barbecue will take place at City hall
and the Downtown Plaza. The meeting will begin at 5:30 pm and the BBQ will start shortly
after.
Councilor Carney congratulated Brenda Bravo on her appointment to the position of Executive
Legal Assistant with the City.
PROCLAMATIONS
Council President Carney read the proclamation supporting the 361h Annual National Night
Out and proclaiming Tuesday,August 6,2019 as National Night Out in the City of Woodburn.
PRESENTATIONS
Plaza Improvements — Recreation Services Manager Cuomo provided information on park
improvements for the Plaza. The improvements included new benches, larger trash cans,
lighting in the pavilion, and the addition of game tables. There was a consensus of the Council
to use the simpler style of game table and to add two more chairs to each table.
2019 Fiesta Mexicana Court — Communications Coordinator Moore introduced the 2019
Fiesta Mexicana Court members: Cynthia Nayeli Cardenas, Priscila Arechiga Molinar,
Adriana Cort6s Cort6s, Miriam Barbosa Herrera, Jessenia Villanueva, and Diana Bravo
Rodriguez. The coronation will take place on Friday, August 2, at 6:45 p.m.
Council President Carney called for a 15-minute break.
Page 1 - Council Meeting Minutes, July 22, 2019
2
COUNCIL MEETING MINUTES
JULY 22, 2019
BUSINESS FROM THE PUBLIC
Teresa Stanford, 387 5 1 Street, stated that she has a concern about the conditions of the
sidewalks around town.
Gary Stanford, 387 5 1 Street, stated that it is more than a cosmetic issue and the sidewalks are
dangerous.
Nancy Kirksey, 1049 McKinley, brought pictures of a house on Hayes Street that stinks and
the yard is full of trash and wants to be sure something is being done about it.
Richard Lowry, 5 1 Street, stated that the City of Salem has the ability to condemn a property
if it is deemed a health hazard and that he would like to see the City look into adding this to
Woodburn's code.
CONSENT AGENDA
A. Woodburn City Council minutes of June 24, 2019,
B. Woodburn City Council Executive Session minutes of June 24, 2019,
C. Building Activity for June 2019,
D. Crime Statistics through June 2019.
Morris/Ellsworth... adopt the Consent Agenda. The motion passed unanimously.
PURCHASE OF ALLEYWAY PARCEL (TAX LOT 051W18BA09990)
Public Works Director Liljequist provided a staff report. Ellsworth/Schaub... approve the
purchase of a parcel of real property designated as Tax Lot 051W18BA09990 from Marion
County and authorize the City Administrator to execute all documents as may be required to
complete the transaction and accept a deed for the property. The motion passed unanimously.
AWARD PERSONAL SERVICE AGREEMENT TO MURRAYSMITH, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
WATER TOWER REPAINTING PROJECT
Public Works Director Liljequist provided a staff report. Ellsworth/Schaub... authorize the
City Administrator to enter into a Personal Services Agreement with Murraysmith, Inc. for
engineering design and construction management services for the Water Tower Repainting
Project in the amount of$91,305. The motion passed unanimously.
PHOTO SPEED ENFORCEMENT PROPOSAL - AMEND CONTRACT WITH
REDFLEX
Police Lieutenant Millican provided a staff report. Schaub/Morris... authorize the
Woodburn Police Department to submit a proposal to the Oregon Department of
Transportation in order to enforce speeding violations at the intersection of Mt. Hood
Ave and N. Pacific Hwy using the current Redflex camera system. The motion passed
with Councilors Cabrales, Carney, Schaub, Cornwell, and Morris voting yes and Councilor
Ellsworth voting no.
NO SMOKING ORDINANCE
City Administrator Derickson provided a staff report. Ellsworth/Cornwell... receive the
report regarding other cities in Oregon that prohibit smoking in public parks and direct staff
to prepare a similar prohibition for our consideration. The motion passed unanimously.
Page 2 - Council Meeting Minutes, July 22, 2019
3
COUNCIL MEETING MINUTES
JULY 22, 2019
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
— Today was the first day back at City Hall and it went okay. He invited people to come
check it out. He also thanked Jim Row for doing such a tremendous job.
— Brenda Bravo was introduced as the new Executive Legal Assistant.
— There will be two meetings in August. The meeting on August 12 will include a public
hearing as part of the grant application for housing and urban development dollars for the
nonprofit consolidation center.
— The annual City Council Barbecue will take place after the August 26 meeting and will
take place downtown at City Hall and the Plaza.
— Eleven tanks have now been found downtown.
— Looking at having a second goal setting/governance training meeting sometime in
October.
— Would like to kick off a 20 year community visioning planning process in 2020.
— The Dick Jennings Leadership academy will kick off in 2020 as well. He noted that
Portland State heard of this academy and is interested in partnering with the City on this.
They have already developed a template and curriculum for it.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell stated that she has been attending music in the park and there has been
good attendance. She added that she has been visiting the restaurants downtown, despite the
construction that is going on.
Councilor Cabrales stated that she will be going to Detroit on Thursday with PCUN and then
will be at a work conference during Fiesta Mexican but looks forward to seeing the pictures
of it.
Councilor Ellsworth stated that the Bassett Hound games took place over the weekend and
that she took a tour of City Hall and thanked staff for making it a safer and more
environmentally friendly space.
Councilor Schaub stated that she also had a tour of City Hall and that the citizens will be very
proud of what we have there. She added that she is looking forward to National Night Out and
that it is a good opportunity to meet your neighbors.
Councilor Morris stated that he looks forward to seeing City Hall.
ADJOURNMENT
Morris/Cabrales ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:18 P.M.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, July 22, 2019
4
�'I'1�r I Iii♦ r}
B V'
August 12, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Eric Liljequist, Public Works Director
SUBJECT: Acceptance of Two Easements at 440-450 Parr Road
(Valor/Heritage Schools), Woodburn, OR 97071 (Tax Lot
052W 1300500)
RECOMMENDATION:
That City Council authorize the dedication of two public utility easements granted
by The Woodburn School District, owners of the property located at 440-450 Parr
Road, Woodburn, OR 97071 (Tax Lot 052W 1300500).
BACKGROUND:
The property owner is required to provide two public utility easements in order to
satisfy the conditions of approval of Design Review (CU 2019-02).
DISCUSSION:
The first easement is a 16-foot wide waterline easement dedication located within
the existing property boundary limits as shown in the waterline easement exhibit.
The second easement is a 16-foot wide sanitary sewer easement dedication
located within the existing property boundary limits as indicated in the sanitary
sewer easement exhibit. The 16-foot wide waterline easement provides a
permanent easement and right-of-way to construct, reconstruct, operate, and
maintain public water mains and appurtenances. The 16-foot wide sanitary sewer
easement provides a permanent easement and right-of-way to construct,
reconstruct, operate, and maintain public sewer mains and appurtenances.
FINANCIAL IMPACT:
There is no cost to the City for the Public Easements.
ATTACHMENTS
A Copy of the two Public Easement documents is included as Exhibit "A" and
Exhibit "B" for each dedication.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x
5
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain a public water main and appurtenances on the following
described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
DATED this& day of August 2019.
WOO L ICT #103
BY:
h Bis—hop, Dio Business
Public Utility Easements (Permanent)
Page I of 2
6
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP
DANYA Y LOPEZ
NOTARY PUBLIC-OREGON &TARPo"Ild F OR GO
COMMISSION NO.984665
, I
MY COMMISSION EXPIRES MARCH 17 2023 My Commission Expires:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
7
EXHIBITA
WATER EASEMENT
A STRIP OF LAND 16.00 FEET IN WIDTH OVER, ACROSS AND UPON THAT TRACT OF LAND AS DESCRIBED IN
REEL 1197 AT PAGE 787 IN THE MARION COUNTY DEED RECORDS, FOR THE PURPOSES OF UNDERGROUND
WATER DISTRIBUTION EASEMENT AND BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DEEDED TRACT BEING S 89039'00"E AND DISTANT 231.57
FROM THE NORTHWEST CORNER THEREOF AND THE NORTHERN TERMINUS OF THE CENTERLINE BEING
DESCRIBED HEREIN, THENCE S 00023'12"W FORA DISTANCE OF 172.23 FEET TO A POINT DESIGNATED POINT
"A" FOR THE SAKE OF THE CONTINUATION OF THIS CENTERLINE DESCRIPTION, THENCE CONTINUING
S 00023'12" W FOR A DISTANCE OF 365.83 FEET TO A POINT DESIGNATED POINT"B"FOR THE SAKE OF THE
CONTINUATION OF THIS CENTERLINE DESCRIPTION,
TOGETHER WITH.
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "A" BEING THE WESTERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE S 89°3648"E FOR A DISTANCE OF 42.00 FEET TO THE EASTERN
TERMINUS OF THE CENTERLINE OF THE 16.00 FEET IN WIDTH STRIP OF LAND BEING DESCRIBED HEREIN;
ALSO, TOGETHER WITH:
A STRIP OF LAND 20.00 FEET IN WIDTH BEING 10.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "B" BEING THE WESTERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE S 89027'56"E FORA DISTANCE OF 221.20 FEET TO A POINT DESIGNATED
POINT"C"FOR THE SAKE OF THE CONTINUATION OF THIS CENTERLINE DESCRIPTION, THENCE CONTINUING
S 89°27'S6"E FOR A DISTANCE OF 452.10 FEET TO A POINT DESIGNATED POINT"D"FOR THE SAKE OF THE
CONTINUATION OF THIS CENTERLINE DESCRIPTION, THENCE CONTINUING S 89-27'56"E FOR A DISTANCE OF
63.86 FEET, THENCE N 4605728"E FOR A DISTANCE OF 309.37 FEET, THENCE N 00"20'54"E FOR A DISTANCE
OF 148.02 FEET TO A POINT DESIGNATED POINT"E"FOR THE SAKE OF THE CONTINUATION OF THIS CENTERLINE
DESCRIPTION, THENCE CONTINUING N 00020'54"E FOR A DISTANCE OF 179.88 FEET TO THE INTERSECTION
WITH THE NORTH LINE OF SAID DEEDED TRACT BEING 25.76 FEET DISTANT WEST OF THE MOST NORTHERLY
NORTHEAST CORNER THEREOF AND THE NORTHERN TERMINUS OF THE CENTERLINE OF THE 20.00 FEET IN
WIDTH STRIP OF LAND BEING DESCRIBED HEREIN;
ALSO, TOGETHER WITH.
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "C"BEING THE SOUTHERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE N 00032'04"E FOR A DISTANCE OF 35.19 FEET TO THE NORTHERN
TERMINUS OF THE CENTERLINE OF THE 16.00 FEET IN WIDTH STRIP OF LAND BEING DESCRIBED HEREIN,
Page 1 of 2
...., ,_ , 8. .
ALSO, TOGETHER WITH
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "D"BEING THE SOUTHERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE N 00°32'04"E FOR A DISTANCE OF 40.16 FEET TO THE NORTHERN
TERMINUS OF THE CENTERLINE OF THE 16.00 FEET IN WIDTH STRIP OF LAND BEING DESCRIBED HEREIN,
ALSO, TOGETHER WITH:
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "E" BEING THE EASTERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE N 89039'06"W FOR A DISTANCE OF 43.00 FEET TO THE WESTERN
TERMINUS OF THE CENTERLINE OF THE 16.00 FEET IN WIDTH STRIP OF LAND BEING DESCRIBED HEREIN.
ALSO, TOGETHER WITH:
A STRIP OF LAND 20.00 FEET IN WIDTH BEING 10.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT PREVIOUSLY DESIGNATED POINT "B" BEING THE EASTERN TERMINUS OF THE CENTERLINE
BEING DESCRIBED HEREIN, THENCE N 8902756"W FORA DISTANCE OF 176.07 FEET, THENCE N 43-31"03"W
FOR A DISTANCE OF 79.10 FEET TO THE WEST LINE OF SAID DEEDED TRACT AND BEING S 00018'35"WAND
DISTANT 450.47 FEET FROM THE NORTHWEST CORNER THEREOF AND THE WESTERN TERMINUS OF THE
CENTERLINE OF THE 16.00 FEET IN WIDTH STRIP OF LAND BEING DESCRIBED HEREIN,
THE SIDELINES OF THE DESCRIBED STRIP EASEMENT TO BE LENGTHENED OR SHORTENED TO TERMINATE AT
THEIR RESPECTIVE TRACT BOUNDARY INTERSECTIONS.
SAVE AND EXCEPT,THOSE PORTIONS OF THE ABOVE DESCRIBED EASEMENT LYING WITHIN ANY PUBLIC RIGHT
OF WAYS (PARR ROAD NE).
REGISTERED �
PROFESSIONAL
D SURVEYOR
OREGON
JANUARY 17,1993
L. M. ALLEN
2686
EXP.11/21.-° (• 1
Page 2 of 2
9
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(503)399-3828 DATE: 06-04-2019
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10
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain a public sanitary sewer main and appurtenances on the
following described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
t i.�
DATED this day of August 2019.
2
WOOD U DISTRICT #103
BY:
' S MaBishop, Director of Business
Public Utility Easements (Permanent)
Page 1 of 2
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP
DANYA Y LOPEZ
NOTARY PUBLIC-OREGON NOTARY ICF 6F(--dREQO
COMMISSION NO.984665
MY COMMISSION EXPIRES MARCH 17 2023 My Commission Expires:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
12
EXHIBIT A
SEINER EASEMENT
A STRIP OF LAND 16 00 FEET IN WIDTH OVER, ACROSS AND UPON THAT TRACT OF LAND AS DESCRIBED 1N
REEL 1197AT PAGE 787 IN THE MARION COUNTYDEED RECORDS,FOR THE PURPOSES OFAN UNDERGROUND
SANITARY SEWER EASEMENT AND BEING 8.00 FEET OF EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING ATA POINT ON THE WEST LINE OF SAID DEEDED TRACT BEING DISTANT 557.30 FEET SOUTH OF
THE NORTHWEST CORNER THEREOF, THENCE S 89°41'52"E FOR A DISTANCE OF 960.35 FEET. THENCE
N 78017'l 1"E FOR A DISTANCE OF 401.98 FEET,
THENCE S 86°17'37'E FOR A DISTANCE OF 14.00 FEET TO THE INTERSECTION WITH THE EAST BOUNDARY
LINE OF SAID DEEDED TRACT BEING DISTANT 9.32 FEET SOUTH OF THE MOST EASTERLY NORTHEAST
CORNER OF SAID DEEDED TRACT AND THE EASTERN TERMINUS OF THE CENTERLINE OF SAID 16.00 FEET IN
WIDTH STRIP,
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT THEIR RESPECTIVE TRACT
BOUNDARY INTERSECTIONS.
REGISTERED
PROFESSIONAL
1.. , D SURVEYOR
OREGON
.IAN AR 17,1995
L.
M.
AL�.EN
ax
13
-----------------------
PARR ROAD Nf ROW=B(r `------------------
EXISTING 10'Ul71AY
-------------------- EASEMENT
- --- ------------ --------------------------------------
-------------------
-_— _=_--=----_
TRUE POINT
OF BEGINN/NG
:PROPOSED 16 SANITARY
SEWER EASEMENT
EXISTING
PROPERTY
UNE
ENS77NG
PROPERTY
v LINE
TAX MAP 052W13
e LOT 500
a
46.91 ACRES±
MARION, COUNTY OREGON
3
a
REGISTERED
PROFESSIONAL
LA SURVEYOR
EXHIBIT B
SANITARY SEWER EASEMENT EXHIBIT ORE i N
sclu JANUARY 17,1995
LEI &ENGINEERING 256419TH St SEPeorecrNo.: r•=zw L. M. ALLEN
SURVEYING Salem, Oregon 15-1l 2688
(503)399-382828 aAie:
OF OREGON WWW.Ieiengineering.com CHEWS. 06-04-201 RENEWAL 1213112019
.VAN AOIMAK
14
�'I'1 r I Iii♦ r}
B V'
August 12, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Eric Liljequist, Public Works Director
SUBJECT: Acceptance of Two Easements at 1800 W. Hayes Street (Nellie Muir
School), Woodburn, OR 97071 (Tax Lot 052W12DD06300)
RECOMMENDATION:
That City Council authorize the dedication of two public utility easements granted
by The Woodburn School District, owners of the property located at 1800 W. Hayes
Street, Woodburn, OR 97071 (Tax Lot 052W 12DD06300).
BACKGROUND:
The property owner is required to provide two public utility easements in order to
satisfy the conditions of approval of Design Review (CU 2019-04).
DISCUSSION:
The first easement is a 5-foot wide public utility easement dedication located
along the entire northern property boundary, adjacent to W. Hayes Street. The
second easement is a 16-foot wide waterline easement dedication located near
the eastern property boundary. The 5-foot wide public utility easements provide
a permanent easement and right-of-way to construct, reconstruct, and operate
public and franchised utilities. The 16-foot wide waterline easement provides a
permanent easement and right-of-way to construct, reconstruct, operate, and
maintain public water mains and appurtenances.
FINANCIAL IMPACT:
There is no cost to the City for the Public Easements.
ATTACHMENTS
A Copy of the two Public Easement documents is included as Exhibit "A" and
Exhibit "B" for each dedication.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x
15
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain a public water main and appurtenances on the following
described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
DATED this- day of August 2019.
WOO UR L DISTRICT#103
BY:
S a=Bis;_hop.,'T5—ire_ctor of Business
Public Utility Easements (Permanent)
Page 1 of 2
16
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this 411 day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP
DANYA Y LOPEZ
N NOTARY PUBLIC-OREGON NOTARY 6bU#LIC �09)OR GON
DANYA Y
OTARY PUBL
COMMIS 0
COMMISSION NO.984665
M My COMMISSION
COMMISSION My Commission E
MY COMMISSION EXPIRES MARCH 172023 Expires:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
17
EXHIBIT A
WATERLINE EASEMENT
A STRIP OF LAND BEING 16.00 FEET IN WIDTH BEING 8.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERUNE.
COMMENCING AT THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN THE MARION COUNTY,
OREGON DEED RECORDS IN VOLUME 537 AT PAGE 176; THENCE S 00045'00"W ON THE EAST LINE OF SAID
DEEDED TRACT FOR A DISTANCE OF 21.50 FEET, THENCE LEAVING SAID EAST UNE N 8802748"W PARALLEL
WITH THE NORTH LINE OF SAID DEEDED TRACT FOR A DISTANCE OF 24.08 FEET TO THE TRUE POINT OF
BEGINNING AND THE NORTHERN TERMINUS OF THE CENTERLINE BEING DESCRIBED HEREIN, THENCE
S 00056'10"W FOR A DISTANCE OF 254.04 FEET TO THE SOUTHERN TERMINUS OF THE CENTERLINE BEING
DESCRIBED HEREIN.
t
18
't)UNf� , � � /' fYl`�IrfsPfl�4ax�f`x`'a
`ail I 115 01
ANO!6-Pf�S 1.l S rA fl i�7
r EXISTING SIDEWALK I __FOUND 314"
fi✓ EASEMENT o IRON PIPE
11.5'RIGHT OF WAY I
_FOUND 1/2" DEDICATION d
IRON PIPE
16'WATER _ i f
UNE EASEMENT
EYJS171VG
PROPERTY TAX MAP 052W12DD
LINE
LOT 063'00
t9.95 ACRES±
MARION,COUNTY OREGON EXISTING
PROPERTY
LINE
i
FOUND 518'
i
a IRONROD FOUND 1"
IRON PIPE
Ej
.S
v
i REGISTERED
PROFESSIONAL
s LAj'Z SURVEYOR
-74
ErBITB �,� ,�
�' f
.a
WATER LINE EASEMENT EXHIBIT
_._...__._._-_..._.__ __-.._._._ JANUARY 17,1995
2564 19TH St SE SCALE _ r L.L. �. ALLEN
PROJECT NO.:
1L pp�, OR& SURVEYING
EGON
,-� y Salam, Oregon 97302( 1s-iso 2688
Lw..._ _4 d F V R ECa C1IV _._.._... _..._ w(503)399-3828
ww,efenginne ring.cc»m CNECiC£0 J.VANA�TA 19
J
RENEWAL 12/3112019
19
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain public utilities on the following described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
DATED this day of August 2019.
WOOD7/ �DISSTRICT #103
BY:
I'Safa"F_Bishop, Director of Business
Public Utility Easements (Permanent)
Page I of 2
20
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP d1kUA44zVA,<--
DANYA Y LOPEZ Nd-rARY VUaIC F 6AE ON
NOTARY PUBLIC-OREGON
COMMISSION NO.984W5 My Commission Expires:
00 MY COMMISSION EXPIRES MARCH 17 2023
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
21
EXHIBIT A
PUBLIC UTILITY EASEMENT
774E SOUTH 5.00 FEET OF THE NORTH 26.50 FEET OF THAT TRACT OF LAI UD DESCRIBED IN U THE MARION COUNTY,
OREGON DEED RECORDS IN VOLUME 537 AT PAGE 176;
EXCEPTING THEREFROM.
ALL THAT PORTION LYING WITHIN THE TRACT OF LAND DESCRIBED IN THE MARION COUNTY OREGON DEED
RECORDS IN VOLUME 616 AT PAGE 250.
{
%r �
F
r
z3(!
22
FOUND 3" i i EXISTING INGRESS 11.5'RfGFTT pFWAY
BRASS DISC AND EGRESS EASEMENT "LL'
IN BOX DEDICA71ON
EXIS77NGIDLK -
EEASEMENT5'PUBLIC FOUND 314"
UTILITY EASEMENT IRON PIPE
A FOUND 112'
/ IRON PIPE
, 1 y
EXISTING
�r PROPERTY LINE TAX MAP 0521#120
LOT06300
9.95 ACRES± r`
MARION, COUNTY OREGON EXISTING
PROPERTY
LINE
if
I
FOUND 518"
IRON ROD -FOUND 1"
IRON PIPE
q
REGISTERED
PROFESSIONAL.
LAP SUR '::YOR
EXHIBIT B
wmn' LWommHw�reYUMauw.rewm
PUBLIC UTIL17Y EASEVIEIUT �" cJREGOwram
"PrsarEcraO. - JANUARY 17,1995
LEw"l
I 2564 19TH Sr SE t--15° L. M. ALLEN
Salem, Oregon 97302� 07-09-2019126x8 ate,„ m d
SURVEYING (503)399-3828 (bArE
4: www(efenglneenng cam �� � 1 RENEWAL 92/39/21019
OF OREGON I
._ . __w_... _.w._._..._._._w.._..._ .__..._.._,.. ._ .__,. . J VANAG1d4{IEL
23
�'I'1�r I Iii♦ r}
B V'
August 12, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Eric Liljequist, Public Works Director
SUBJECT: Acceptance of Two Easements at 965 N. Boones Ferry Road (French
Prairie School), Woodburn, OR 97071 (Tax Lot 051 W07BD02300)
RECOMMENDATION:
That City Council authorize the dedication of two public utility easements granted
by The Woodburn School District, owners of the property located at 965 N. Boones
Ferry Road, Woodburn, OR 97071 (Tax Lot 051 W07BD02300).
BACKGROUND:
The property owner is providing two public utility easements for existing public
utilities that are already in place.
DISCUSSION:
The first easement is a 16-foot wide waterline easement dedication located within
the existing property boundary limits as shown in the waterline easement exhibit.
The second easement is a 16-foot wide sanitary sewer easement dedication
located within the existing property boundary limits as indicated in the sanitary
sewer easement exhibit. The 16-foot wide waterline easement provides a
permanent easement and right-of-way to construct, reconstruct, operate, and
maintain public water mains and appurtenances. The 16-foot wide sanitary sewer
easement provides a permanent easement and right-of-way to construct,
reconstruct, operate, and maintain public sewer mains and appurtenances.
FINANCIAL IMPACT:
There is no cost to the City for the Public Easements.
ATTACHMENTS
A Copy of the two Public Easement documents is included as Exhibit "A" and
Exhibit "B" for each dedication.
Agenda Item Review: City Administrator_x City Attorney_x Finance—X-
24
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain a public sanitary sewer main and appurtenances on the
following described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
4-
DATED this t�' day of August 2019.
WOO
ya!!DISTRICT #103
BY: --SdKa-h'- Mskop, Director of Business
Public Utility Easements (Permanent)
Page 1 of 2
25
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this Y�day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP LWUIAU�mw
DANYA Y LOPEZ
NOTARY PUBLIC-OREGON NOTARVPUBLIt ltdiR OR GO
IAI),�
COMMISSION NO.984665 My Commission Expires:
MY COMMISSION EXPIRES MARCH 17 2023
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
26
EXHIBIT A
SANITARY SEWER EASEMENT
A STRIP OF LAND FOR THE PURPOSES ASSOCIATED WITH SANITARY SEWER PIPELINES BEING 16.00 FEET IN
WIDTH OVER,ACROSS AND UPON THAT TRACT OF LAND AS THE SAME IS DESCRIBED IN MARION COUNTY,
OREGON DEED RECORD ON REEL 1225 AT PAGE 614 BEING 8.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING ATA POINT ON THE WEST MARGINAL BOUNDARY OF BOONES FERRY ROAD BEING N 76035'00"W
AND DISTANT 42.50 FEET PERPENDICULARLY OPPOSITE OF ENGINEER'S CENTERLINE STATION 9+67.48 AS
SAID CENTERLINE STATIONING 1S REFERRED TO IN THE MARION COUNTY DEED RECORD ON REEL 2304 AT
PAGE 362 AND THE NORTHERN TERMINUS OF THE CENTERLINE BEING DESCRIBED HEREIN, THENCE LEAVING
SAID WEST MARGIN N 8401423" W FORA DISTANCE OF 183.93 FEET, THENCE N 87°45`46" W FORA DISTANCE
OF 121.93 FEET, THENCE N 88035'35" W FORA DISTANCE OF 100.97, THENCE N 8705'11"W FORA DISTANCE
OF 93.54 FEET, THENCE N 85058'43" W FOR A DISTANCE OF 449.55 FEET, THENCE S 78015'59"W FOR A
DISTANCE OF 260.11 FEET TO A POINT DESIGNATED "A"FOR THE SAKE OF THIS CENTERLINE DESCRIPTION,
THENCE S 06051'25" W FOR A DISTANCE OF 888.22 FEET TO THE NORTH MARGINAL BOUNDARY OF STATE
HIGHWAY NO. 214 (HILLSBORO--SILVERTON)BEING DISTANT 53.59 FEET EAST OF THE SOUTHWEST CORNER
OF SAID DEEDED TRACT AND THE SOUTHERN TERMINUS OF THE CENTERLINE BEING DESCRIBED HEREIN.
TOGETHER WITH:
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE.-
BEGINNING
ENTERLINE:BEGINNING A THE ABOVE PREVIOUSLY DESCRIBED POINT DESIGNATED "A"THENCE N 8203625"W FOR A
DISTANCE OF 44.99 FEET TO THE WEST BOUNDARY OF SAID DEEDED TRACT.
THE SIDELINES OF SAID DESCRIBED STRIP TO BE LENGTHENED OR SHORTENED TO END AT THEIR
RESPECTIVE BOUNDARY INTERSECTIONS.
r /a L
JANUARY 17,I
of o
M. ALLEN
27
POINT OF
BEGINNING
POINT"A°
f
16'SEWER
EASEMENT
EXISTING '
16 PUE
/n
16'SEWER TAX MAP 051W07ED LOT 02300
EASEMENT 26.16 ACRES
MARION,COUNTYOREGON
4
A /yq
EXISTING f l /
PROPERTY
r
EXISTING UNE I
PROPERTY
UNE �
r
d ENGINEER'S CENTERUNE
STA77ONO+00
REGISTERED
PROFESSIONAL
s Li SUR
___._._._ ._....._... ._... _ EXHIBIT.
SEWER LINE EASEMENT EXHIB/T 6R—M-[
-- � � . .256 _.. ._.._. ._._._._. ._ ,�a,rvupR�r�.teas
4 IF isCniF
419TH St SE _ �_._. L. M. ALLEN
PfiDJECTPJD_ 2688
� IVYSURVEYING Salem, Oregon 97302 Js-rs�
0P 0REGOIV ......_.... .... ......._ _.m (W03)3C99e382�$ CHECKED ...r.varJracTr r� � RENEWAL 121311
_._._.. _.... ..._ .__w....._. 2019
28
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
WOODBURN SCHOOL DISTRICT #103, an Oregon public school district,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct,
reconstruct, operate, and maintain a public water main and appurtenances on the following
described land:
See attached Exhibit "A"Legal Description of Permanent Easement and
attached Exhibit "B"Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose
that will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the property
to its original condition and shall indemnify and hold GRANTOR harmless against any and
all loss, cost, or damage arising out of the exercise of the rights granted herein.
The true consideration of this conveyance is ZERO dollars ($0.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the
above-granted premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
every part thereof to CITY against the lawful claims and demands of all persons claiming
by, through, or under GRANTOR.
�V_
DATED this'__ day of August 2019.
WO I DISTRICT #103
BY:
Sarah Bishop, Director of Business
Public Utility Easements (Permanent)
Page 1 of 2
29
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion) ss.
The foregoing instrument was acknowledged before me this day of August
2019 by Sarah Bishop, Director of Business of WOODBURN SCHOOL DISTRICT #103
an Oregon public school district and the foregoing instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
OFFICIAL STAMP
DANYA Y LOPEZ NOTARY OU4ICO qRErjO
NOTARY PUBLIC-OREGON
COMMISSION NO.984665 My Commission Expires:
Y COMMISSION EXPIRES MARCH 17 2023
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn:
City Recorder:
Heather Pierson
Public Utility Easements (Permanent)
Page 2 of 2
30
EXHIBIT A
WATERLINE EASEMENT
A STRIP OF LAND FOR THE PURPOSES ASSOCIATED WITH WATER LINES BEING 16.00 FEET IN WIDTH OVER,
ACROSS AND UPON THAT TRACT OF LAND AS THE SAME IS DESCRIBED IN MARION COUNTY, OREGON DEED
RECORD ON REEL 1225 AT PAGE 614 BEING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE.-
BEGINNING
ENTERLINE:BEGINNING ATA POINT ON THE WEST MARGINAL BOUNDARY OF BOONES FERRY ROAD BEING N 76035'01"W
AND DISTANT 42.50 FEET PERPENDICULARLY OPPOSITE OF ENGINEER'S CENTERLINE STATION 9+73.38 AS
SAID CENTERLINE STATIONING IS REFERRED TO IN THE MARION COUNTY DEED RECORD ON REEL 2304 AT
PAGE 362 AND THE NORTHERN TERMINUS OF THE CENTERLINE BEING DESCRIBED HEREIN, THENCE LEAVING
SAID WEST MARGIN, THENCE N 8404608" W FOR A DISTANCE OF 185.84 FEET, THENCE N 87054'28" W FORA
DISTANCE OF 224.19 FEET, THENCE S 40003'49" W FOR A DISTANCE OF 87.92 FEET, THENCE S 03013'10" W
FOR A DISTANCE OF 267.38 FEET TO A POINT DESIGNATED "A" FOR THE SAKE OF THIS CENTERLINE
DESCRIPTION, THENCE N 8704723"W FOR A DISTANCE OF 120.25 FEET, THENCE S 02°01738" W FOR A
DISTANCE OF 510.26 FEET TO THE NORTH MARGINAL BOUNDARY OF STATE HIGHWAY NO. 214(HILLSBORO-
SILVERTON) AND BEING DISTANT 741.13 FEET EAST OF THE SOUTHWEST CORNER OF SAID DEEDED TRACT
AND THE SOUTHERN TERMINUS OF THE CENTERLINE BEING DESCRIBED HEREIN.
TOGETHER WITH.
A STRIP OF LAND 16.00 FEET IN WIDTH BEING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING A THE ABOVE PREVIOUSLY DESCRIBED POINT DESIGNATED "A"THENCE S 8704723"E FOR A
DISTANCE OF 21.33 FEET.
THE SIDELINES OF SAID DESCRIBED STRIP TO BE LENGTHENED OR SHORTENED TO END AT THEIR
RESPECTIVE RIGHT OF WAY BOUNDARY INTERSECTIONS,
OREGON
JANUARY 17,1995
2688
31
t�
j
POINT OF ~ J
BEGINNING
f
,
r /r
,
,
l
r-EXlS71NG
f PROPERLY
16 WATER `
EASEMENT EXISl7NG
I)i 10,PUE
III S
ki
TAX MAP 051 WO78D LOT 02300 i�
26.16 ACRES! i I I ` POINT"A°
MARION, COUNTY OREGON
1
EXISTING
I PROPERTY
} UNE '
ill
"/I(x�,iefe1r rirtcu' ��/dl 4r` ��.M ,_,.,,_._ .• ..,�_ ..,,���,.....
7
k ENGINEERS CENTERLINE
STATION 0+00
r
REGISTERED
r
PROFESSIONAL
s LAMP SUFIVEYOR
s
"orf �va
EXHIBIT B
WATER LINE EASEMENT EXHIBIT
__..___ .__._.............__
ENGINEERING
._.._...._._�___..._._.._____._. ____.__ ,_._ JANUARYfi
N
2564 19TH St SE �scalF ��?� ?,1895
_....._ -------
8 �Lrv. M. ALLEN
PROJECT NO.:Salem Oregon 97302 153 2668
GATE
RE (503)399-382ra
www.leiengfneering.com 07m152(11
(�F OREGON r HEcxea . RENEWAL 12/31/2019
32
�'I'1 r I Iii♦ r}
B V'
August 12, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Eric Liljequist, Public Works Director
SUBJECT: Acceptance of a Warranty Deed at 1800 W Hayes Street (Nellie Muir
School), Woodburn, OR 97071 (Tax Lot 052W12DD06300)
RECOMMENDATION:
That City Council authorize a right-of-way dedication granted by The Woodburn
School District, owners of the property located at 1800 W. Hayes Street,
Woodburn, OR 97071 (Tax Lot 052W 12DD06300).
BACKGROUND:
The property owner is required to provide the right-of-way dedication in order to
satisfy the conditions of approval of Design Review (CU 2019-04).
DISCUSSION:
The public right-of-way dedication is located along the northern property
boundary, adjacent to W. Hayes Street. This 11 .5-foot wide public right-of-way
provides 5.5 more feet than the required proportional dedication for compliance
with the service collector street classification width per the Woodburn
Transportation System Plan WTSP. The additional 5.5-feet will allow for the
necessary right-of-way width for the upcoming W. Hayes Street Project
FINANCIAL IMPACT:
There is no cost to the City for the Warranty deed.
ATTACHMENTS
A Copy of the Warranty Deed document is included as Exhibit "A" and Exhibit "B".
Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x-
33
After Recording Return to:
City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Send Tax Statements to:
City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
STATUTORY WARRANTY DEED
WOODBURN SCHOOL DISTRICT NO 103, Grantor, conveys and warrants to
CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee, the
following described real property free of encumbrances except as specifically set forth
herein:
Description: The DISTRICT is dedicating a 11.5' wide portion
of Nellie Muir Elementary School along Hayes Street as a Right of Way to
the CITY to be used for future public improvements.
Exceptions:No exceptions
The true and whole consideration for this conveyance is $ 0.00
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S
RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND
SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT
DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK
WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,
AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
34
Dated this of 'l), Q5� , 201`8 I
Signed: DISTRICT Director of Business
GRANTOR
STATE OF OREGON )
ss
County of MarionIm
)
This instrument was acknowledged before me on this day of August 2019, by
Sarah Bishop, Woodburn School District Business Director.
OFFICIAL STAMP By. AW'1Aj_6&'z
DANYA Y LOPEZ Notary Pub is r OeLgo1v
NOTARY PUBLIC-OREGON My Commission Expires: �
COMMISSION NO.984665
MY COMMISSION EXPIRES MARCH 17 2023
35
EXHIBIT A
ROAD R/W DEDICATION
THE SOUTH 11.50 FEET OF THE NORTH 21.50 FEET OF THAT TRACT OF LAND DESCRIBED IN THE MARION
COUNTY, OREGON DEED RECORDS IN VOLUME 537 AT PAGE 176;
EXCEPTING THEREFROM:
ALL THAT PORTION LYING WITHIN THE TRACT OF LAND DESCRIBED IN THE MARION COUNTY, OREGON DEED
RECORDS IN VOLUME 616 AT PAGE 250.
e
0 R rC )il'
D 8, 89
36
FOUND 3'.....h i S
BRASS DISC `ti, ' ' 20 EXCEPTION
IN BOX �`_ ` _--- --- -- ----- F._ DEED:VOL 537 PAGE 176
_-__._-_._._..-___
�w
WEST HAYES STREET ROW=60
_ ,._ _._
10 DEDICAITON ._..._ �.
/ FOUND 314"
DEDICATION DEED:VOL.575 PAGE 213 11.5'RIGHT OF WAY IRON PIPE
!r
` DEED:VOL.616 PAGE 250 DEDICA77ON
/ ! FOUND 112'
IRON PIPE
r
` F
Ir I
EXISTING
LINE PROPERTY TAX MAP 052W 12DD
LOT 06300
9.95 ACRES
MARION, COUNTY OREGON EXISTING—
PROPERTY
l
t UNE
- FOUND 518"
IRON ROD ---FOUND 1"
m IRON PIPE
3
S
I,
Ij REGISTERED
PROFESSIONAL
s LACED SURV -Yt�R
EXHIBITB
RIGHT OF WA's DEDICATION OREGON
_.._ J,�umy 17,1995
ENGINEERING
TH St SE I
Salem,lOr9egon 97302�PR°JrcrMo^ f~�s rs ry 2688
SCALE:
L. M. ALLEN
c�rFoi RENEWAL
7 (503)399-3828 DATE:
i www.leiengineering.com 07-09-201D
OF t��2EC4N 2/3rI2or9 lI
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37
�'I'1 r I Iii♦ r}
B V'
August 12, 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 approve the Liquor
License Application for EI Tule Taqueria.
BACKGROUND:
Applicant: Vicenta Zaragoza-Cabrera
880 Young Street
Woodburn, OR 97071
971-338-0482
Point of
Contact: Julio Valera
P.O. Box 1323
Silverton, OR 97381
503-830-2977
Business: EI Tule Taqueria
450 N. First Street
Woodburn, OR 97071
503-981-9000
Owners: Vicenta Zaragoza-Cabrera
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_
38
Honorable Mayor and City Council
August 12, 2019
Page 2
License Type: Limited On-Premises - Permits beer, wine, and cider sales and
consumption on licensed premises. May sell beer, wine and cider in "growlers"
for consumption off the licensed premises. May sell beer kegs for off premises
consumption.
On July 22, 2019, the Woodburn Police Department received an application for
Limited On-Premises sales liquor license for EI Tule Taqueria. The business
currently operates as restaurant and bar with seating up to 80 persons. The
application provided indicates that the liquor license application is relation to
the business changing ownership. EI Tule Taqueria is located at 450 N. First St. in
Woodburn, Oregon 97071 . The hours of operation are from 9:00 AM to 10:00 PM
Sunday through Thursday and 9:00 AM to 11 :00 PM Friday and Saturday. The
establishment will have recorded music but no other forms of music or
entertainment. The business will have no 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 Police Department has completed a background investigation on the
subject listed on the OLCC application, Vicenta Zaragoza-Cabrera. Vicenta
Zaragoza-Cabrera has no criminal history and is clear in all database checks.
Vicenta Zaragoza-Cabrera has no operator's license status and also has a clear
driving record. (No DMV entries)
FINANCIAL IMPACT:
None
39
Iii♦ 4
B V'
August 12, 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-
40
Honorable Mayor and City Council
August 12, 2019
Page 2
LICENSE TYPE:
Full On-Premises Sales, Commercial - Permits distilled spirits, beer, wine, and
cider sales for on premise consumption. May sell growlers of beer, wine, and
cider for off-premises consumption.
On July 15, 2019, the Woodburn Police Department received an application for
Full On-Premises 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 is 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:
Previously this year the Woodburn Police Department had conducted a
background investigation on the same subject and business listed in this OLCC
application for an application of New Outlet, Limited On-Premises Sales liquor
license. On April 8, 2019, a recommendation to not approve the liquor license
for Tito's Bar LLC, was forwarded to the Woodburn City Council. The Woodburn
Police Department has completed another background investigation on the
subject(s) listed on the OLCC application due to the new application and
change in liquor license type requested. The owner, Ulises Morales, was found to
have several criminal convictions. The following information remains
unchanged since the last background investigation and there is no new
information available for consideration in this liquor license application:
The following conviction occurred on January 20, 2010, under ten years ago:
Failure to Register as a Sex Offender (Misdemeanor)
41
Honorable Mayor and City Council
August 12, 2019
Page 3
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
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 17, 2019.
FINANCIAL IMPACT:
None
42
CITY OF WOODBURN
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246
Date: August 6, 2019
To: Chris Kerr, Community Development Director
From: Ted Cuno, Building Division""-�"''"4
Subject: Building Activity for July 2019
2017 2018 2019
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 0 $0 7 $2,015,863 6 $1,396,079
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 2 $11,000 2 $9,560 4 $99,548
Industrial 3 $217,500 1
$18,350 0 $0
Commercial 5 $370,918 11 $16,003,561 7 $656,282
Signs and Fences 1 $25,000 0 $0 0 $0
Manufactured Homes 0 $0 0 $0 0 $0
TOTALS 11 $624,418 21 $18,047,334 17 $2,151,909
Fiscal Year to Date (July 1 — $624,418
June 30 $18,047,334 $2,151,909
I:\Community Development\Building\Building Activity\B1dgAct-2019\memo-2019-7 August.doc
43
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58
DBUR
Proe.�;:;rrreef A$'7R7
August 12, 2019
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: 2019 Community Development Block Grant (CDBG) from Business
Oregon for a Family Resource Center in Woodburn
RECOMMENDATION:
Hold a public hearing to consider the City's application for a 2019 Community
Development Block Grant to fund a Woodburn Family Resource Center and
approve the Resolution authorizing submission of the application for the grant and
authorizing the Mayor and/or City Administrator to execute any and all
documents related to the grant application and to effectuate an award of the
grant.
BACKGROUND:
The City of Woodburn is eligible to apply for a 2019 Community Development
Block Grant (CDBG) from Business Oregon. CDBG funds come from the U.S.
Department of Housing and Urban Development. Grants can be used for public
facilities and housing improvements, primarily for persons with low and moderate
incomes. In this case, the City is proposing to apply for CDBG funding for a family
resource center estimated to primarily benefit low to moderate income
populations.
Through Business Oregon, approximately $12 million in CDBG funding will be
awarded to Oregon non-metropolitan cities and counties in 2019. The maximum
grant that a city or county can receive is $1 ,500,000.
DISCUSSION:
The City of Woodburn is proposing to prepare an application for a 2019
Community Development Block Grant from Business Oregon to acquire property
and a facility for a Family Resource Center in Woodburn to accommodate
activities and services primarily or exclusively for low to moderate income
clientele. It is estimated that the proposed project will benefit at least 25,067
persons, of whom 55.09% percent will be low or moderate income. If awarded
funding, the facility acquired with the CDBG funding would be required to be
owned by the City for a minimum of five years. However, it could be managed
and operated by a non-profit organization that would facilitate grant-eligible
services at the Family Resource Center. It is expected that as part of the grant
Agenda Item Review: City Administrator_X City Attorney_X_ Finance_X_
59
Honorable Mayor and City Council
August 12, 2019
Page 2
application, the City will enter into a Memorandum of Understanding with Love
INC., a local non-profit entity that has been identified as having the skill and
capabilities of managing and overseeing the operation of the resulting Family
Resource Center.
Council approval at this meeting means that City staff will move forward with
submitting the CDBG application by the September 30, 2019 deadline, with any
awarded funds expected to be received in Spring 2020.
The City does not believe the proposed project will result in the displacement or
relocation of any persons or businesses.
FINANCIAL IMPACT:
The City will be seeking a CDBG funding request of approximately $1 .5 million for
the proposed Woodburn Family Resource Center. If awarded the City will provide
a 1% ($15,000) match per federal funding requirements.
60
�'I'1 r I Iii♦ r}
Y 9M& Its
BU
Pri,a�<;rrt rr rf aA'!R7
August 12, 2019
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
SUBJECT: Ordinance Prohibiting Tobacco in City Parks
RECOMMENDATION:
That the City Council consider the adoption of the attached ordinance
prohibiting tobacco use in public parks.
BACKGROUND:
During the June 24 City Council meeting, former Mayor Nancy Kirksey spoke
during the business from the public portion of the agenda to request that the
City Council adopt an ordinance prohibiting smoking in City Parks. The City
Council then directed staff to research what other cities have done to address
smoking in parks and determine if the City has the ability to adopt regulations.
Finally, at its July 22, 2019 meeting, the City Council directed that an ordinance
be prepared. In response to the City Council's request, the City Attorney has
drafted the attached ordinance for City Council consideration.
DISCUSSION:
The proposed ordinance is intended to be concise and straightforward. It
broadly defines "smoking" and prohibits tobacco use, smoking, and the use of
inhalant delivery systems as that term is defined by the ordinance. The penalty
for a violation is designated a class 4 Civil Infraction ($125) and this is consistent
with a violation of the Park Use Ordinance.
FINANCIAL IMPACT:
None.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
61
COUNCIL BILL NO. 3103
ORDINANCE NO. 2574
AN ORDINANCE PROHIBITING TOBACCO USE, SMOKING, AND THE USE OF INHALANT
DELIVERY SYSTEMS IN WOODBURN CITY PARKS
WHEREAS, at its June 24, 2019 meeting, the City Council received a request
from a member of the public that smoking be banned in City Parks; and
WHEREAS, the City Council then directed staff to research what other cities
have done to address smoking in parks and determine if the City has the ability to
adopt regulations; and
WHEREAS, at its July 22, 2019 meeting, the City Council further deliberated on
this matter and directed staff to draft an ordinance for City Council consideration;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions.
A. City Park means land controlled by the City that is available to the public
and used for municipal park purposes.
B. Inhalant Delivery System means any noncombustible product that employs
a mechanical heating element, electronic element, battery, circuit,
cartridge, or other system and that is capable of being used to ingest
tobacco, nicotine, or other drug or plant solution, and includes electronic
cigarettes, devices or products.
C. Smoking means inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, pipe, grass, plant, liquid, vapor or any other tobacco
product. This includes the use of any inhalant delivery system, electronic
smoking device, or other delivery devices, which creates smoke, vapor,
aerosol or any other byproduct.
D. Tobacco Product means any product that contains tobacco or nicotine,
or is derived from tobacco or nicotine.
E. Tobacco Use means smoking, inhaling, exhaling, vaping, use of an
inhalant delivery system, use of an electronic cigarette or other smoking
device.
Page - 1 - Council Bill No. 3103
Ordinance No. 2574
62
Section 2. Prohibitions,
A. Tobacco use, smoking, and the use of any inhalant delivery system is
prohibited in all City Parks.
B. The City Administrator is directed to post signs in appropriate locations to
provide public notice of this prohibition.
Section 3. Penalty, A person who violates this Ordinance commits a Class
4 Civil Infraction and is subject to the procedures contained in the Civil Infraction
Ordinance. Each violation of this Ordinance constitutes a separate civil
infraction.
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. 3103
Ordinance No. 2574
63
COUNCIL BILL NO. 3104
RESOLUTION NO. 2137
A RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF A COMMUNITY
DEVELOPMENT BLOCK GRANT TO ACQUIRE REAL PROPERTY FOR A FAMILY RESOURCE
CENTER AND AUTHORIZING THE MAYOR AND/OR THE CITY ADMINISTRATOR TO EXECUTE
ALL RELATED DOCUMENTS
WHEREAS, Business Oregon is accepting proposals for the 2019 Community
Development Block Grant Program funding cycle; and
WHEREAS, the City is eligible to apply for a 2019 Community Development Block
Grant for funds from the U.S. Department of Housing and Urban Development to be
used for public facilities and housing improvements, primarily for persons with low and
moderate incomes; and
WHEREAS, the City Council has identified as a 2019-2020 Strategic Goal, to
explore the development of a non-profit consolidated facility; and
WHEREAS, the City wants to participate in this funding program to the greatest
extent possible as a means to acquire real property with a facility that will serve as a
family resource center for the benefit of the Woodburn area income-qualified
population; and
WHEREAS, on August 12, 2019, the City Council held a public hearing to consider
the application for a Community Development Block Grant for a family resource
center as is required as part of the CDBG application process; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City, (through its Mayor and City Administrator) is authorized to
apply for, and if awarded, accept Community Development Block Grant funding from
Business Oregon for the purposes of acquiring real property with a facility that will serve
as a family resource center.
Section 2. The Mayor and/ or City Administrator is authorized to execute any
and all documents related to the grant application and to effectuate the grant award.
Approved as to form:
City Attorney Date
Page 1 - COUNCIL BILL NO. 3104
RESOLUTION NO. 2137
64
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
Page 2- COUNCIL BILL NO. 3104
RESOLUTION NO. 2137
65
�'I'1 r I Iii♦ r}
B V'
August 12, 2019
TO: Mayor, City Council and Scott Derickson, City Administrator
THROUGH: James C. Ferraris, Chief of Police
FROM: Jason Millican, Lieutenant
SUBJECT: Mobile Crisis Response Team Intergovernmental Agreement
RECOMMENDATION:
That the City Council, acting as the Local Contract Review Board, authorize the
City Administrator to sign the proposed Intergovernmental Agreement (IGA) with
Marion County to continue the Mobile Crisis Response Team (MCRT).
BACKGROUND:
In November of 2017, utilizing grant funds provided through a predecessor IGA,
the Woodburn Police Department assigned an officer to the Marion County
Mobile Crisis Response Team. The funding grant was issued by the State of Oregon
to the Marion County Health Department. There are currently four agencies
assigned to the team. The members of the MCRT respond to calls throughout
Marion County.
DISCUSSION:
The primary function of MCRT is to help people who are in mental health crisis.
Each police officer assigned to MCRT is partnered with a Qualified Mental Health
Professional (QMHP). The QMHP's work alongside their assigned officer,
responding to calls for service involving people in crisis. Since November of 2017,
our officer has responded to at least 448 primary calls for service. The teams also
perform a number of follow-ups throughout their assigned shifts in order to stay in
contact with the citizens they are trying to help. Both the MCRT officer and the
QMHP receive specialized training in order to provide the help and resources
citizens need when they are in crisis.
FINANCIAL IMPACT:
Agenda Item Review: City Administrator_x City Attorney x_ Finance_x-
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Mayor and City Council
August 12, 2019
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Per the IGA, The Woodburn Police Department will receive up to $150,000 per
fiscal year (FY) for FY 2019-2020 and FY 2020-2021 which partially funds costs
associated with one full time sworn position, such as salary, overtime, training,
vehicle and equipment. This grant revenue is reflected in the Woodburn Police
Department's fiscal year (2019-2020) budget.
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INTERGOVERNMENTAL AGREEMENT #HE-2916-19
Between
MARION COUNTY and CITY OF WOODBURN
1. PARTIES TO AGREEMENT
This Agreement between City of Woodburn, on behalf of the Woodburn Police Department an
Oregon Municipal Corporation hereafter called City, and Marion County, apolitical subdivision
of the state of Oregon, hereafter called County, is made pursuant to ORS 190.010 (Cooperative
Agreements).
2. PURPOSE/STATEMENT OF WORK
The purpose of this Agreement is to establish the terms and conditions under which the City shall
provide Mobile Crisis services to County. These services are further described in Section 5.
3. TERM AND TERMINATION
3.1 This Agreement shall be effective for the period of July 1, 2019 through June 30, 2021
unless sooner terminated or extended as provided herein.
3.2 This Agreement may be extended for an additional period of one year by agreement of
the parties. Any modifications in the terms of such amendment shall be in writing.
3.3 This agreement may be terminated by mutual consent of both parties at any time or by
either party upon 30 days' notice in writing, and delivered by mail or in person. Any such
termination of this agreement shall be without prejudice to any obligations or liabilities of
either party already accrued prior to such termination.
3.4 County may terminate this agreement effective upon delivery of written notice to City or
at such later date as may be established under any of the following conditions:
a. If funding from federal, state, or other sources is not obtained or continued at levels
sufficient to allow for the purchase of the indicated quantity of services. This
agreement may be modified to accommodate a reduction in funds.
b. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this agreement or are no longer eligible for the funding proposed for payments
authorized by this agreement.
c. If any license, certificate, or insurance required by law or regulation to be held by
City to provide the services required by this agreement is for any reason denied,
revoked or not renewed.
d. If City fails to provide services called for by this agreement within the time specified
herein or any extension thereof.
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e. If City fails to perform any of the provisions of this agreement or so fails to pursue
the work as to endanger the performance of this agreement in accordance with its
terms and after written notice from County, fails to correct such failure(s) within ten
(10) days or such longer period as the County may authorize.
3.5 City may terminate this agreement effective upon delivery of written notice to County or
at such later date as may be established under any of the following conditions:
a. If funding from federal, state, or other sources is not obtained or continued at levels
sufficient to allow for the provision of the indicated quantity of services. This
agreement may be modified by mutual written agreement of the parties to
accommodate a reduction in funds.
b. If funding budgeted to the Woodburn Police Department through the City of
Woodburn budgeting process is not obtained or continued at levels sufficient to allow
for the provision of the indicated quantity of services. This agreement may be
modified by mutual written agreement of the parties to accommodate a reduction in
budgeted funds.
c. If staffing levels are not obtained or continued at levels sufficient to allow for the
provision of the indicated quantity of services. This agreement may be modified by
mutual written agreement of the parties to accommodate a reduction is staffing levels.
3.6 Any such termination of this agreement shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination.
4. FUNDING AND BILLING
4.1 The total amount paid under this contract shall not exceed $300,000. Payments under
this contract shall be made on a cost reimbursement basis.
2019-2020 Proposed Budget
Officer Salary and benefits: $142,000
Vehicle Costs $ 6,000
Training ,t,Dd°0
FY19-20 Subtotal $150,000
2020-2021 Proposed Budget
Officer Salary and benefits: $142,000
Vehicle Costs $ 6,000
Training i_, 211000
FY20-21 Subtotal $150,000
4.2 Requests for payment shall be submitted to the County as follows;
City shall submit electronically monthly invoices of actual costs with documentation
attention to Ann-Marie Bandfield, Health Program Manager, Marion County Health&
Human Services Department at AN1 4i11�-�fiel�1(��,c0,tii_ai-ion.or.u.s.
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69
Final invoices shall be due no later than July 20, 2021,.
5. OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT
Mobile Crisis teams shall primarily take calls from dispatch that have a mental health
component and assist other agencies throughout the county with those types of calls.
5.1 UNDER THE TERMS OF THIS AGREEMENT, CITY SHALL:
Provide trained Officer(s) working a four days per week, ten hour shifts that will primarily
take calls from dispatch that have a mental health component and assist other agencies
throughout the County with those types of calls.
5.2 UNDER THE TERMS OF THIS AGREEMENT, COUNTY SHALL:
Provide a Qualified Mental Health Practioner(QMHP) who will be coupled with a law
enforcement professional to provide assistance with dispatched calls.
6. COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this agreement. The parties agree that this agreement
shall be administered and construed under the laws of the state of Oregon.
7. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil rights and
rehabilitation statutes, rules and regulations in the performance of this agreement.
8. HOLD HARMLESS
To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon
Tort Claims Act, each party agrees to waive, forgive, and acquit any and all claims it may
otherwise have against the other and the officers, employees, and agents of the other, for or
resulting from damage or loss, provided that this discharge and waiver shall not apply to claims
by one party against any officer, employee, or agent of the other arising from such person's
malfeasance in office, willful or wanton neglect of duty, or actions outside the course and scope
of his or her official duties.
9. INSURANCE
Each party shall insure or self-insure and be independently responsible for the risk of its own
liability for claims within the scope of the Oregon tort claims act(ORS 30.260 TO 30.300).
10. MERGER CLAUSE
Parties concur and agree that this agreement constitutes the entire agreement between the parties. No
waiver, consent, modification or change to the terms of this agreement shall bind either party unless in
writing and signed by both parties. There are no understandings, agreements, or representations, oral or
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70
written, not specified herein regarding this agreement. Parties, by the signatures below of their
authorized representatives, hereby agree to be bound by its term and conditions.
11. FALSE CLAIMS, FRAUD, WASTE AND ABUSE
Both parties shall cooperate with and participate in activities to implement and enforce the policies and
procedures to prevent, detect and investigate false claims, fraud, waste and abuse relating to Oregon
Health Plan, Medicare or Medicaid funds. Both parties shall cooperate with authorized State of Oregon
entities and Centers for Medicare and Medicaid (CMS) in activities for the prevention, detection and
investigation of false claims, fraud, waste and abuse. Both parties shall allow the inspection, evaluation
or audit of books, records, documents, files, accounts, and facilities as required to investigate the
incident of false claims, fraud, waste or abuse. Both parties are required to verify that their staff and
contractors are not excluded from providing services under this contract funded by Medicare and
Medicaid before services are provided. Both parties are required to check the following databases for
excluded individuals and entities: Excluded Parties List System (EPLS) www.sam.gov
12. LICENSURE
Parties shall maintain at all times during the term of this agreement any license(s) required by law to
perform services under this Agreement.
13, CONFIDENTIALITY
The parties expressly agree to comply with Guidelines for Protected Health Information Disclosure with
Law Enforcement, Revised 11/11/2013 incorporated as ADDENDUM NO. 1, and attached herewith.
14. NOTICES
Any notice required to be given the City or County under this Agreement shall be sufficient if given, in
writing, by first class mail or in person as follows:
For County: For City:
Marion County Health& Human Services Woodburn Police Department
Psychiatric Crisis Center 1060 Mt. Hood Ave.
1118 Oak Street SE Woodburn, OR 97071
Salem, OR 97301
Attention: Ann-Marie Bandfield, Attention: Lieutenant Jason Millican
Health Program Manager
SIGNATURES
This agreement and any changes, alterations, modifications, or amendments will be effective
when approved in writing by the authorized representative of the parties hereto as of the effective
date set forth herein.
In witness whereof, the parties hereto have caused this agreement to be executed on the date set
forth below.
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MARION COUNTY SIGNATURE
BOARD OF COI I MI S ONERS:
Dat .... .. ....�. ..� . ::....._.....�aa......
r
(At� trtts °.Oliej' Date .._...�_m. � .
Com1l-issioner ate
Authorized Signature:
ary Mo r, �Istrator Dat.
w e
Authorized Signature: ° '" � -�+
��
Carolyn Fry, ivisi Director Date
Authorized S ignatu � 7- t [ l
nn- an ndfield, Health Program Mgr.. Date
Authorized Signature:
al Elliott Sr. Adn�/ Mgr,m.. Date
Jeri1
Authorized Signature:C11 l ° � t °
drnlntstrative t � i ,e1
Reviewed by Signature, �
Mat i County Legal Counsel Da e
Reviewed by Signature `
Ma, 'aunty Coil rants & Pr' ement Date
CITY OF WOODBURN SIGNATURE
Authorized Signature: .......... Date: . .... ..., _.
Title:
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�'I'1�r I Iii♦ r}
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August 12, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Eric Liljequist, Public Works Director
SUBJECT: Authorization of Additional $150,000 for Contract Change Orders for
the N. First Street Improvements Project
RECOMMENDATION:
That the City Council, acting as the Local Contract Review Board, authorize an
additional $150,000 for this project for anticipated project change orders during
the final construction stages of the N. First Street Improvements Project.
BACKGROUND:
This project is included in the approved FY 18/19 budget and FY 19/20 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.
DISCUSSION:
During construction activities, eleven underground storage tanks were found
within or adjacent to the N. First Street right-of-way. City staff knew about three
of the underground storage tanks that were located at the NE quadrant of First
Street and Grant Street due to existing DEQ records. The other 8 tanks were not
included in any DEQ records probably due to the age of the tanks. Additionally,
the existing subgrade along the majority of the N. First Street Project limits was
unstable and had to be over-excavated to achieve required stability for the
roadbed base. Also, an existing coal chute was discovered during project
construction activities adjacent to 164 Grant Street that required unanticipated
structural engineering services and additional construction costs. These
overages, along with the normal change orders that occur with a project of this
magnitude, have created the need for additional monies for change orders
that will be necessary to complete this construction project.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
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Honorable Mayor and City Council
August 12, 2019
Page 2
FINANCIAL IMPACT:
The subject project is identified in the adopted fiscal year 2019/20 Budget and is
partially funded by the Urban Renewal Agency, with the remainder being
funded by the Fund Exchange Program.
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August 12, 2019
To: Honorable Mayor and City Council through City Administrator
From: Chris Kerr, Community Development Director
Dan Handel, Associate Planner
Subject: Call-Up Briefing: Planning Commission Approval of a Conditional Use
Application (CU 2019-03) for Sun Nam Yl at 385-397 N. Front Street
(Del Sol Market)
RECOMMENDATION:
Staff recommends no action and briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO) Section .4 0202.. The Council may
call up this item for review if desired and, by majority vote, initiate a review of
this decision.
BACKGROUND:
The Planning Commission held a public hearing on July 25, 2019 and
unanimously approved a conditional use permit (Type III) with the conditions
recommended by staff that resulted from the Commission motion of approval.
Staff included a condition that the approval was for check cashing and cash
transfer only, not payday loan and not pawn. No parties testified.
The site is at the west/southwest corner of N. Front and W. Hayes Streets in
Woodburn's historic downtown. It was developed in 1905 and remains occupied
by the one-story commercial retail building. The subject property contains one
commercial tenant space, 397 N. Front Street. The proposal is about land use
only; no redevelopment or site plan is relevant.
The request was for check cashing and cash transfer pursuant to Woodburn
Development Ordinance (WDO) jg]b. „IIS� ;0W;;3, .. .18., and the conditional use
criteria of 5.03.01 for Tax Lot 051 W 18AB03600 in the Downtown Development
and Conservation (DDC) zone.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x
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