March 9, 2020 Agenda
E RIC S WENSON,M AYOR
D EBBIE C ABRALES,C OUNCILOR W ARD 1
C ITY OF W OODBURN
L ISA E LLSWORTH,C OUNCILOR W ARD II
R OBERT C ARNEY,C OUNCILOR W ARD III
C ITY C OUNCIL A GENDA
S
HARON S CHAUB,C OUNCILOR W ARD IV
M ARY B ETH C ORNWELL,C OUNCILOR W ARD V
M ARCH 9,2020–7:00 P.M.
E
RIC M ORRIS,C OUNCILOR W ARD VI
C ITY H ALL C OUNCIL C HAMBERS –270M ONTGOMERY S TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
Appointments:
A.WoodburnPublic Arts andMural Committee1
Frank Lonergan
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A.
Community Development Block Grant Application Update
6.COMMUNICATIONS
None.
7.BUSINESS FROM THE PUBLIC–This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
Comment time will be limited to 3 minutes.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
March 9, 2020 Council Agenda Page i
8.CONSENT AGENDA–Items listed on the consent agenda are
considered routine and may be adopted by one motion. Any item
may be removed for discussion at the request of a Council member.
A.Woodburn City Council minutes of February24, 20202
Recommended Action: Approve the minutes.
B.Woodburn Recreation and Park Board minutes4
Recommended Action:Accept the minutes.
C.Building Activity for February 20208
Recommended Action:Receive the report.
9.TABLED BUSINESS
None.
10.PUBLIC HEARINGS
A.Woodburn Development Ordinance (WDO) AmendmentRelated to 15
Accessory Dwelling Units (“ADU”)
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.3123–An Ordinance Amending Section 2.07.20 of32
the Woodburn Development Ordinance (WDO) to Remove Provisions
Inconsistent with ORS 197.312 Related to Reasonable Design
Regulations of Accessory Dwelling Units (“ADU”) and Declaring an
Emergency
Recommended Action:Enact the Ordinance implementing LA 2019-
03, amending the WDO regarding ADUs, as required by state statute.
B.FY 2020/21 Financial Plan41
Recommended Action:Adopt the attached FY 2020/21 Financial
Plan (Budget Policies&Fiscal Strategy).
C.Request for Planning Assistance from DLCD to address HB 2001 56
(Middle Housing for Housing Choice) and HB 2003 (Housing Supply)
Recommended Action:Authorize mayor to sign application.
March 9, 2020Council Agenda Page ii
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS–
These are Planning Commissionor Administrative Land Use actions that
may be called up by the City Council.
A.Call-Up Briefing: Public Arts and Mural Committee Approval of the PIX 63
Theatre (461 N First Street) and Dahlia Park (333 N. First Street) Murals
Recommended Action:Staff recommends no action and briefs the
Council on this item pursuant to Public Arts and Mural Ordinance 2555
Section 9.C. The Council may call up this item for review if desired
and, by majority vote, initiate a review of this decision.
B.Call-Up Briefing: Planning Commission Approval of Design Review 66
thth
and Variance Applications for 5Street Apartments at 1220 5St (DR
2019-04 & VAR 2019-03)
Recommended Action: Staff recommends no action and briefs the
Council on this item pursuant to Woodburn Development Ordinance
(WDO) Section 4.02.02. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
C.Call-Up Briefing: Planning Commission Approval ofConditional Use, 69
Design Review, Street Exception, and Phasing Plan Applications for
Woodburn High School at 1785 N. Front St (CU 2019-07, DR 2019-13,
EXCP 2019-07, & PP 2019-03)
Recommended Action: Staff recommends no action and briefs the
Council onthis item pursuant to Woodburn Development Ordinance
(WDO)Section 4.02.02. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
None.
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).
March 9, 2020Council Agenda Page iii
2.Promote an environment that encourages sustainable economic health maximizing our geographic,
workforce, cultural and community assets.
Strategic Goals
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.
March 9, 2020Council Agenda Page iv
Agenda Item
March 4, 2020
TO:City Council
OM:Eric Swenson, Mayor
FR
SUBJECT:Committee Appointments
The following appointments aremade, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, March 9, 2020. Noreply is required if you approve of my decision.
Woodburn Public Arts and Mural Committee
Frank Lonergan
1
COUNCIL MEETING MINUTES
FEBRUARY 24, 2020
DATECOUNCILCHAMBERS,CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, FEBRUARY 24, 2020
CONVENEDThe meeting convened at 7:01 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor CarneyPresent
Councilor Cornwell Present
Councilor SchaubPresent
Councilor MorrisPresent
Councilor EllsworthAbsent
Councilor Cabrales Present
Staff Present:City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Operations Director Stultz,Community Development Director Kerr,
Police Chief Ferraris,Library Manager Hunter,City Recorder Pierson
ANNOUNCEMENTS
Mayor Swenson announced that True Pierson is visiting tonightto observe local
government in action.
APPOINTMENTS
Carney/Morris…Appoint John Zobrist to Position II on the Woodburn Budget Committee
and Maria Elena Guerra to Position 1 on the Woodburn Planning Commission. The motion
passed unanimously.
COMMUNITY/GOVERNMENT ORGANIZATIONS
Margaret McNamara and Susan McLauchlin provided a presentation on Marion County’s
Health and Promotion and Prevention Teams 2019 assessment.
PROCLAMATIONS/PRESENTATIONS
Community Development Director Kerr provided the City Council with an update on
Oregon House Bills 2001 and 2003.
CONSENT AGENDA
A.Woodburn City Council minutes of February 10, 2020,
B.2020 OLCC Renewal,
C.Intergovernmental Agreement with Marion County for Building Division Services,
D.Crime Statistics through January.
Carney/Schaub… adopt the Consent Agenda. The motion passed unanimously.
ELIMINATION OF OVERDUE FINES FOR MOST LIBRARY MATERIALS
Library Manager Hunterprovided a staff report.Carney/Cabrales… discontinue the
imposition of Library fines for overdue books, magazines and DVDs in the Child, Teen
and Adult collections and waive the existing fines for these materials.The motion passed
Page 1 - Council Meeting Minutes,February 24, 2020
2
COUNCIL MEETING MINUTES
FEBRUARY 24, 2020
3-2 with Councilor Carney and Councilor Morris voting no.
CITY ADMINISTRATOR’S REPORT
The City Administrator reported that the City received notice from Union Pacific that they
will be increasing the speed of the trains through town from 45 mph to 60-70 mph. The
change was going to take place on March 1,but after the City contacted themwith concerns
they agreed to extend out the implementation of this for two weeks. He also noted that the
City is looking into what mechanisms theremight be to address this.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell stated that Hardcastle and Front St. are not done and that she has
concerns about it not being complete.
Councilor Cabrales provided an invitationto City Councilto attend the International
Women’s Day Celebration at PCUN on March 13 from 4:00 p.m. to 8:00 p.m.
Mayor Swensonstatedthat he,the City Administrator and Assistant City Administrator
met with the YMCA about their possible involvement in the community center. He added
that they also met with the Mayor of Independence and received his input on funding the
community centerand that our state representative is working on gettingstate lottery funds
for the community center. He attended the Fire Fighters Banquet, the CERT awards and
attended the first class of CERT training. He stated that he also attended the warming
shelter training. He mentioned that the Distinguished Service Awards will take place
March 13. He added that he spoke to second and fourth grades students at North Marion.
He also thanked True Pierson for attending the meeting.
ADJOURNMENT
Morris/Schaub… meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:57 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes,February 24, 2020
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City of Woodburn
Recreation and Park Board
th
February 12, 20205:30p.m.
1.CALL TO ORDER
2.ROLL CALL
Position I Ricardo Rodrigues, Board Secretary (12/22) - Present
Position II Alexandra Sanarov Ramirez. Student Member (8/20) - Absent
Position III Kasi Pankey, Member (12/21)- Present
Position IV Beronica Rios (12/23) - Absent
Position V Donna Stone, Member (12/21)- Present
Position VI Ayanna Zamora, Member (12/20)- Absent
Position VII David Piper, Board Chair (12/20)- Present
3.APPROVAL OF MINUTES
Recommended Action: Approve Recreation & Park Board Minutes from November
th
13, 2019- No minutes to approve
4.BUSINESS FROM THE AUDIENCE
This portion of the agenda allows the public to introduce items for Board
consideration not already scheduled on the agenda.
-No audience
5.NEW BUSINESS
a.Non- Resident Rate Scholarship - all agreed. no issues with non-resident
scholarship proposal.
6.OLDBUSINESS
a.Community Center Committee Update
Josh- nothing new just clarification and discussion on budget of add ons.
Pankey- area of focus and discussion, no real decision made.
Stone- council seemed to want to keep 32.5 Million but not firmly decided.
Piper- lower model would be easier to add on parks later.
th
Jesse- next steps another tech advisor meeting on 12 of April, community
nd
center open house on the 22of April @ aquatic center and presentation from
th
Ovsis to council on 27 to see what’s next step and direction.
b.Plaza Improvements (Power Point)
Jesse- plaza improvement complete.
c.333 First St.
Jesse- working with property owner to see if we can tap into their power and
pay them monthly for the sting lights. Chairs, tables and other amenities will
4
be installed when weather is better and once mural is complete. Murals being
paid through urban renewal.
d.RecDesk Software
Jesse- going over new website. New software that Josh is working with his
staff to train and we have gotten a lot more online registration than before.
Facilities requests can be made with this new program as well.
Pankey- if you need any help with training materials let me know. I can
consult and see what you need.
e.Adopt A Park (Video)
Jesse- showing video Tommy put together for adopt a park. Woodburn
Football club wants to adopt Legend they do a lot at that park already.
Piper- might have to go out and recruit
Jesse- might have to recruit Salem health or different businesses.
Pankey- talk to Woodburn youth baseball and softball about adopting park.
Memorial Bench Program-
Jesse- advertising during events and solicit in next holiday season.
Pankey- I think it is a really good idea.
f.Settlemier Park Shed
Jesse- shed was full of old storage some new some old was taken out and tore
down on Friday. We will fill and seed it. Also putting work into bathroom.
Pankey- Centennial concession stand was broken into recently
Jesse- 4-5 month ago yes nothing major was taken just water bottles which
seemed like they took to recycle and get money from but nothing else was
taken.
g.Museum
Jesse- showing pictures of the updates so far and showed example of font that
the writing will be.
Stone- was the tree taken out?
Jesse- No just different view. Started on the interior of the building as well.
7.DIVISION REPORTS FROM DEPARTMENT
a.Aquatics
Josh- Financials expenses lower than last year. 2019-$38,700, last year 42,000
for the year and total 11,000 lower than where we were at last year. Thinking
of doing osme updates.
Revenue- lower $22,000 this year, last year $27,000 due to Recdesk revenue
not being inputted into system yet. Hopipng it goes up once all the numbers
are inputted.
Attendance- up from last year. Will have the exact numbers next meeting
minutes.
Lifeguard class- Big class and we have 7 new life guards. Next lifeguard class
scheduled for March 20-22. Weekend prior to Spring Break.
Next swim lesson class scheduled with new swim instructor pending
background check.
Rescue- intense situation with person that had seizure when he was in water.
Had to call EMS and staff was very responsive and responded quickly. Will
continue to train staff in how to handle this situation if it ever happens again.
5
DX Recovery Unit- not operational for a while, got back report with
recommendations that we can do to keep that system running. Energy trust of
Oregon incentive to repair of up to 65% of repair cost. Will have update on
that next meeting. Lighting has been replaced with LED tube lights. Cost to us
$1000 which 90% of that was paid by Energy Trust of Oregon.
Lanes should be opening up in evenings soon due to High School Swim
Season is finished.
Piper- Drinking fountains on pool deck are something that can use replaced.
Josh- Already on list, one with the Water bottle style would be used more.
Jesse- Thanks to Josh for Energy Trust for the lighting replacement on LED’s,
we have done 7 different city facilities have been done. Anywhere for 85-95%
reimbursement and some were covered 100% with recouping costs is between
6-9 months. Centennial Park is also getting new lighting at minimal cost with
Energy Trust of Oregon.
Piper- swimming pool facility looks better than it has ever looked.
Rodrigues- He (Josh) has created a wonderful environment and very
comfortable, which also has been making money.
Jesse- We’ve never had a cost recovery like we’ve had. Last year was about
54%, first turn around lowest was 23% which 75% of that was put on tax
payers.
b.Recreation
-Youth basketball 12.6% increase, 250 participant’s vs 219. Could of had 275
but we don’t have the coaches and running into a long day going and tough to
find space, could run another gym but then we would need more staff and refs.
Possibly take 270-275 with teams of 10 for older groups but we need to draw
the line somewhere.
-Daddy Daughter Dance- thinking about modifying that from $50 to $30-$40.
Want to keep it going. If mother wants to bring daughter or grandparent want
to take granddaughter that could be a possibility. About 100 participants this
year.
Pankey- Do you have hashtag? Only say that I know a lot of people that go
and see memories and Instagram is so huge that you can have a hashtag for it.
Jesse- Not hashtag but the picture that they get have the Daddy Daughter 2020
on the bottom.
-Fiesta Mexicana Date Change- From July 31-2 to August 14-16 due to the
carnival company that we use going out of business.
-Spring Break camps and summer programs are in the Out and About.
c.Parks & Facilities
Jesse- Facility building updates, Settlemuir Park mounted picnic table
mounted to the floor and restrooms closed.
Proposal- Settlemuir park baseball field not being used anymore wanted to
turn that into more grass?
Pankey- focus some energy on the centennial filed and turn Settlemuir into
more grass
6
Jesse- Jeff finished spraying to kill weeds and we are working on that and
going in the right direction. Wanted to get some seed down and get some
growth.
Pankey- I don’t know of any team that practices there.
Front Street Park- High school students volunteered to help fill with bark
chips.
8.FUTURE BOARD BUSINESS
Next meeting March 11, 2020
9.BOARD COMMENTS
Nothing
10.ADJOURNMENT
6:00 pm
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Agenda Item
March 9, 2020
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Chris Kerr, Community Development Director
SUBJECT: Legislative Amendment to the Woodburn Development Ordinance
(WDO) Related to Accessory Dwelling Units (“ADU”) Required
Pursuant to HB 2001 (LA 2019-03)
:
RECOMMENDATION
Enact the Ordinance implementing LA 2019-03, amending the WDO regarding
ADUs, as required by state statute.
SUMMARY:
The proposed amendments to the WDOare required in order to be in compliance
with the recently adopted House Bill2001 as it relates to ADUs.
Specifically, these amendments propose the removal of two WDO regulations
applicable to ADUs:
(1) The requirement that the owner occupy either the primarydwelling unit or
the ADU; and
(2) The requirement for an additional off-street parking space for an ADU.
With the passing of HB 2001, effectuated in revised ORS 197.312,these restrictions
on ADUs became unlawful.
BACKGROUND:
In July 2017, the State passed Senate Bill 1051, which required local governments
to, among other things, modify their codes to allow ADUs wherever single-family
dwellings are allowed. The law allowed local governments to implement
“reasonable” regulations on these ADUs. It did not provide a definition, guidelines,
or limitations fordetermining which regulations were “reasonable” and which
ones were not.
Agenda Item Review:City Administrator ___X__City Attorney __X___Finance __X__
15
Honorable Mayor and City Council
March 9, 2020
Page 2
In accordance with that law, in September of 2018, the City modified the WDO
to permit ADUs in single-family zoning districts and applied several regulations on
ADUs that were intended to ensure compatibility with the surrounding properties.
Until that time, the City had prohibited any ADUs in the City. These new City
regulations included a requirement for owner occupancy in one of the units and
a requirement for an additional off-site parking space for the additional unit.
However, in July 2019, the State legislature adopted HB 2001, which included the
following modifications to the law (shown in bold), better defining “reasonable
local regulations”:
SECTION 7
(5)(a) A city with a population greater than 2,500 or a county
with a population greater than 15,000 shall allow in areas within the
urban growth boundary that are zoned for detached single-family
dwellings the development of at least one accessory dwelling unit
for each detached single-family dwelling, subject to reasonable
local regulations relating to siting and design.
(b) As used in this subsection\[,\]:
(A) “Accessory dwelling unit” means an interior, attached or
detached residential structure that is used in connection with, or that
is accessory to, a single-family dwelling.
(B) “Reasonable local regulations relating to siting and
design” does not include owner occupancy requirements of either
the primary or accessory structure or requirements to construct
additional off-street parking.
(6) Subsection (5) of this section does not prohibit local
governments from regulating vacation occupancies, as defined in
ORS 90.100, to require owner-occupancy or off-street parking.
The proposed amendments to the WDO are necessary to address the changes
to the law made under HB 2001. These WDO amendments will remove two
specific City regulations on ADUs: (1) the owner occupancy requirement, and (2)
the off-street parking requirement.
The City Council received a briefing on this issue in September of 2019 and
authorized the initiation of this WDO amendment via Resolution 2139.
16
Honorable Mayor and City Council
March 9, 2020
Page 3
On January 9, 2020, the Planning Commission held a public hearingfor
consideration of LA 2019-03.Noone from thepublicprovided testimony at that
hearing.During their deliberations, the Commission expressed their dislike of the
proposed amendments and discussed with Staff the impacts of voting against
them or potentially not taking any action on the proposal.However, because the
Commission understood that the City has the legal obligation to comply with
Oregon state law, it recommended approval of the amendments on a 4-1 vote.
FINANCIAL IMPACT:
None.
:
ATTACHMENTS
1.January 9, 2020Planning Commission Staff Report with attachments.
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COUNCIL BILL NO. 3123
ORDINANCE NO. 2579
AN ORDINANCE AMENDINGSECTION 2.07.20 OF THE WOODBURN DEVELOPMENT
ORDINANCE (WDO) TOREMOVE PROVISIONS INCONSISTENT WITH ORS 197.312
RELATED TO REASONABLE DESIGN REGULATIONSOF ACCESSORY DWELLING UNITS
(“ADU”) AND DECLARING AN EMERGENCY
WHEREAS,the Woodburn Development Ordinance (WDO) establishes the
standards that development is required to meet and that clarity of those standards
is critical as the community continues to grow and prosper; and
WHEREAS,in 2019, the Oregon Legislature amended ORS 197.312 to stipulate
that “reasonable local regulations” of ADUs may notinclude owner occupancy
requirements or provisions to provide of additional off-street parking; and
WHEREAS,the WDO was found to be inconsistent with the state statute as
itrelates to accessory dwelling units; and
WHEREAS, Section 4.10.09 of the WDOrequires the City Council to initiate the
consideration of any potential legislative amendments to the WDO by resolution; and
WHEREAS,on September 9, 2019,the Councilin conformance with the
WDO 4.01.09A., initiated the amendmentvia Resolution No.2139; and
WHEREAS,on January 9, 2020,the Planning Commission, in conformance
with WDO 4.01.09B. and 4.01.10B. held a public hearing and recommended
approval of the amendment;and
WHEREAS, on March 9, 2020, the City Council held a public hearing and
now must enactthis Ordinance in order to make the necessary amendment (LA
2019-03) required by Oregon state law; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. For purposes of this ordinance amendment, all new text is
and all deleted text is shown as stricken (i.e.
shown as underlined (i.e. new text)
deleted text). After this ordinance amendment is adopted, the Community
Development Director shall correct the WDO to incorporate all revisions
contained herein.
Page - 1- Council Bill No. 3123
Ordinance No. 2579
32
Section 2. The WDOis amended as specified in Exhibit A which is
attached hereto.
Section 3. The legislative action taken by the Ordinance is explained and
justified by the findings and analysis attached hereto and incorporated herein
as Exhibit B.
Section 4. Emergency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety so that the City
can make its best efforts to comply with the January 1, 2020 effective date of
HB2001 (2019),an emergency is declared to exist and this ordinance shall take
effect immediately upon passage and approval of the Mayor.
Approved as to form:
City AttorneyDate
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. 3123
Ordinance No. 2579
33
Exhibit A
Strikethrough-and-Underlined Amending Text
2.07.20 Accessory Dwelling Units
A. Applicability:
1. Accessory dwelling units shall be subject to all applicable development standards of the
WDO except as provided for in this Section.
2. One accessory dwelling unit per each single-family detached dwelling—the primary
dwelling— may be approved if the applicant shows compliance with the following
criteria and standards.
B. Siting: Accessory dwelling units may be detached and freestanding from the primary dwelling,
located within or attached to the primary dwelling, or attached to an accessory structure
garage.
C. Architecture: The exterior of the proposed accessory dwelling unit shall match the architectural
design of the dwelling or garage if attached to a garage, in terms of finish materials, roof pitch,
trim, and window proportion.
D. Accessory dwelling units shall be subject to the site development standards of the underlying
zoning district, except:
1. Lot coverage: Accessory dwelling units are not subject to the rear yard lot coverage
limitation for Accessory Structures.
2. Building height. Accessory dwelling units shall not exceed the height of the principal
dwelling unit.
3. Density: Accessory dwelling units are not included part of the density calculation for
the underlying zone.
E. Floor Area: The gross floor area of the accessory dwelling unit shall not exceed 50 percent of
the primary dwelling, or 725 square feet, whichever is less. The garage area shall be excluded
from calculation of the floor area.
F. Separation: There shall be a minimum six foot separation between detached accessory dwelling
units and all other structures on the site.
34
G. Vehicles: Structures/vehicles licensed by the Oregon Department of Motor Vehicles shall not
be permitted as accessory dwelling units.
H. Entrance: An accessory dwelling unit attached or located within a primary dwelling shall not
result in any new door entrance being located on an exterior wall facing a front property line.
I. Parking: One off-street parking space is required in addition to that which is required for the
primary dwelling unit. This additional space is not subject to the location requirements of WDO
Section 3.05.02.D.3.
J. I.Non-conformities: Legally non-conforming accessory structures located on residentially zoned
land may be converted to an accessory dwelling unit in accordance with the requirements of
Section 1.04.
K. Owner Occupancy Requirement. The owner or an appointed immediate family member of the
owner must occupy either the primary residence or accessory dwelling unit on the property as its
principal legal residence, except for bona fide temporary absences.
If the "owner" is a legal entity or trust, the following persons shall be considered eligible
owner- occupants under this section: (a) for a trust, the trustees and beneficiaries; (b) for a
corporation, the corporate shareholders; (c) for a limited liability company, the members; and
(d) for a partnership, the partners.
35
Exhibit B
Analyses & Findings
This attachment to the staff report analyzes the application materials and finds, through the
statementsbelow,how the legislative amendmentrelates toand meets applicable provisions.
Symbols aid locating and understanding categories of findings:
Symbol Category Indication
Requirement (or guideline) met No action needed
Requirement (or guideline) not met Correction needed
Requirement (or guideline) not applicable No action needed
Other special circumstance benefitting from
Revision needed
attention
Section references are to the Woodburn Development Ordinance (WDO).
LA 2018-02
Page 1 of 5
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Legislative Amendment Provisions
Background
The procedures for legislative amendments are found in WDO 4.01.Oregon law requires that
these amendments regulations be consistent with local Comprehensive Plans, the Statewide
Goals and any State Statues (ORS) or applicable Administrative Rules (OAR’s).
Legislative Amendment Provisions
4.01 Decision-Making Procedures
4.01.02E. Type V Decisions (Legislative): Type V decisions involve legislative actions where the City
Council enacts or amends the City’s land use regulations, comprehensive plan, Official Zoning Map or
some component of these documents. Type V decisions may only be initiated by the City Council. The
Planning Commission holds an initial public hearing on the proposal before making a recommendation
to the City Council. The City Council then holds a final public hearing and renders a decision. Public
notice is provided for all public hearings (Section 4.01.14). The City Council’s decision is the City’s final
decision and is appealable to LUBA within 21 days after it becomes final.
4.01.09 Initiation of a Legislative Proposal
A. The City Council may initiate the consideration of a legislative decision by resolution.
B. Actions initiated by the Council shall be referred to the Planning Commission for a public hearing and
recommendation to the Council.
4.01.17 Types of Decisions
Type V Legislative Decisions (Legislative): Type V decisions involve legislative actions where the City
Council enacts or amends the City’s land use regulations, comprehensive plan, Official Zoning Map or
some other component of any of these documents where changes are such a size, diversity of ownership
or interest as to be legislative in nature under State law. Large-scale annexations are included, as well
as adopting or amending the Comprehensive Plan or the Woodburn Development Ordinance. The
Planning Commission holds an initial public hearing on the proposal prior to making a recommendation
to the City Council. The City Council then holds a final de novo public hearing and makes the City’s final
decision. Public notice is provided for all public hearings. The City Council’s decision is the City’s final
decision and is appealable to LUBA within 21 days after it becomes final.
A legislative amendment to the WDO is a Type V decision.
The Council initiated consideration of the proposed legislative amendmenton September 9, 2019
via Resolution 2139.
LA 2019-03 Staff Report
Attachment 102
Page 2 of 5
37
Staff completed the required public notices for the Planning Commission and City Council
hearings, specifically a newspaper ad in the Woodburn Independent and mailed notice to select
agencies.This amendment is not specific to any property or properties, so a greater degree of
public notice is not required, including Ballot Measure 56, because it does not limit or prohibit
land uses previously allowed in the affected zone notice.
The provisions are met.
Comprehensive Plan Policies, OAR’s & Statewide Planning Goals
Staff identifies below applicable Comprehensive or “Comp” Plan policies and Statewide Planning
Goals to guide Commission deliberation.
Comprehensive Plan Policies
B-2. Woodburn shall coordinate with affected state agencies regarding proposed
comprehensive plan and land use regulation amendments, as required by state law.
All state, county and regional entities were notified pursuant to state law. Draft code language
was forwarded to Marion County and the Department of Land Conservation and Development
(DLCD), as required. No responses were received.
D-2. The housing goal of the City is to ensure that adequate housing for all sectors of the
community is provided.
Allowing Accessory Dwelling Units (ADUs) can help to ensure that housing opportunities for a
specific sector of the community (family/elderly) can be accommodated. These amendments
effectively reduce regulations on ADUs, which should result in them becoming more prevalent.
D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the
demands of the local housing market.
These amendments are an excellent example of providing a unique housing type, addressing that
demand in the local housing market. These targeted amendments effectively reduce regulations
on ADUs, which should result in them becoming more prevalent.
LA 2019-03 Staff Report
Attachment 102
Page 3 of 5
38
D-2.3 To ensure that new concepts in housing are not restricted unduly by ordinances, the City
shall periodically review its ordinances for applicability to the current trends in the housing
market.
These amendments are an excellent example of amending our WDO in order to provide a unique
housing type, addressing a demand inthe local housing market. These targeted amendments
effectively reduce regulations on ADUs, which should result in them becoming more prevalent.
G-1.2 Woodburn will encourage the optimum use of the residential land inventory providing
opportunities for infill lots, intensifying development along transit corridors, and application
of minimum densities.
These amendments will help to ensure that the optimum use of the City’s residential housing
supply is being utilized. It will add housing in areas (lots) that already accommodate
development. These specific amendments effectively reduce regulations on ADUs, which should
result in them becoming more prevalent.
Statewide Planning Goals
Out of 19 Statewide Planning goals, City staff cites relevant goals:
Goal 1 Citizen Involvement \[Oregon Administrative Rules 660-015-0000(1)\]
To develop a citizen involvement program that insures the opportunity for citizens to be involved in all
phases of the planning process.
Staff confirms that the proposal does not interfere with existing means of land use public notice
that span the existence, structure, and purview of the Commission itself to case-specific required
mailings, newspaper ads, and sign postings.
Goal 10 Housing \[OAR 660-015-0000(10)\]
To provide for the housing needs of citizens of the state.
The proposal allows the City to further the intent of this goal by effectivelyreducing regulations
on ADUs, which should result in them becoming more prevalent.
LA 2019-03 Staff Report
Attachment 102
Page 4 of 5
39
Goal 14 Urbanization \[OAR 660-015-0000(14)\]
To provide for an orderly and efficienttransition fromrural to urban land use,to accommodate urban
population and urban employment inside urban growth boundaries, to ensure efficient use of land, and
to provide for livable communities.
Staff confirms that the proposal does not interfere withthe City meeting this goal. The City has
undergone Comp Plan periodic review, leading to the 2015 adoption of the Urban Growth
Boundary (UGB) expansion, which was acknowledged by the Department of Land Conservation
and Development (DLCD). These amendments will help to ensure that the optimum use of the
City’s residential housing supply is being utilized. It will add housing in areas (lots) that already
accommodate development.
Oregon Administrative Rules:
660-008-0015 Clear and Objective Approval Standards Required
(1) Except as provided in section (2) of this rule, a local government may adopt and apply only clear and
objective standards, conditions and procedures regulating the development of needed housing on
buildable land. The standards, conditions and procedures may not have the effect, either in themselves
or cumulatively, of discouraging needed housing through unreasonable cost or delay.
The proposal is necessary in order to provide clear and objective standards for ADUs.
HOUSE BILL 2001
ORS 197.312
The impetus for these Code amendments was the adoption of HB 2001. The Bill, codified in ORS
197.312, specifically prohibits owner-occupancy and off-street parking requirements for ADU’s.
These amendments have been drafted for the express purpose of meeting the requirements of
the recent change in the law.
The legislative provisions are met. Staff recommends approval of the proposal.
LA 2019-03 Staff Report
Attachment 102
Page 5 of 5
40
Agenda Item
March 9, 2020
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:FY 2020/21 Financial Plan
RECOMMENDATION:
Adopt the attached FY 2020/21Financial Plan (Budget Policies & Fiscal Strategy).
BACKGROUND:
In past years, the City has experienced a series of difficult financial challenges.
During the recession which spanned nearly a decade from 2008 –2015, the
General Fund revenues struggled to keep up with rapidly increasing annual
operating costs,and made it difficult to maintain service levels. Since 2015, the
General Fund revenues, expenses and contingency have experienced less
volatility. Although the City still projects revenue over expense shortfalls within the
five year planning period, we have successfully utilized the Budget Polices and
Financial Plan, as a best practice strategy, to effectively manage, plan
accordingly for large capital projectsand lessen any shortfall impact.
Consequently, the City Council should approach General Fund spending with
what I am calling “conservative but optimistic caution.” Regional economic
conditions and the strength of the housing markets, along with potential industrial
development, will have a significant impact on the City’s financial condition in
theupcoming years.
In the interest of sound financial management,the City Council directed that a
comprehensive set of financial planning documents be developed and
implemented for the purpose of improving the City’s financial sustainability. Since
the 2011 policy implementation, the City has prepared the Financial Plan as a
means of managing the City’s current year budget and inform the FY 2020/21
budget development process.
Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___
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Honorable Mayor and City Council
March 9, 2020
Page 2
In past years the City Council has been commended by the City Auditor, and
recognized by the Government Finance Officers Association for the use of
comprehensive budget policies and the quality presentation, clarity and
transparency of Woodburn’s budget documents.
Theintent of the Financial Plan is to help predict cost and revenue trends from
year to yearandmake better decisions via the memorializing of sound financial
practices and budget administration. If necessary, the Financial Plan informs the
need to reducethe City’s budget to remain consistent with the City Councilgoals
and meeting communityneeds within available resources.
FY 2020/21 POLICY:
Attached is the proposed FY 2020/21Financial Plan:Budget Policies&Fiscal
Strategy, which islargely unchanged fromthe previous year. Now that the City
has completed the Council’s goal of establishing a PERS Reserve Fund and Side
Account, the proposed FY 2020/21Financial Plan continues to direct resources to
the City’s PERS ReserveFund, but also provides for PERS saving to be directed
towards sustaining service levels.In the interest of flexibility, we are also proposing
that the annual adoption of theFinancial Planoccur on an “as needed basis” as
opposed to an annual basis.
FINANCIAL IMPACT:
Although there is no immediate monetary impact on the City, the draft Financial
Plan will help make stronger financial decisions that are in the best interests of the
community and the City organization.
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City of Woodburn
FY 2020/21FinancialPlan
Budget Policies and Fiscal Strategy
SECTION 1. ANNUAL REVIEW& POLICY
A.Fiscal Responsibility.The policy of the City of Woodburn is to return the highest level
(or sustain the current levels) of service with the least amount of taxpayer investment,
and to plan accordingly.
B.Balanced Budget.The City’s budget shall be balanced. For each fund, ongoing costs
are not to exceed ongoing revenues plus available fund balances used in accordance with
reserve policies. The budget resolution will be adopted by fund at a summary level.
C.Budget Process. The annual budget process is intended to weigh all competing requests
for City resources within expected fiscal constraints. Levels of service will increase or
decrease based on the availability of resources. Requests for new programs made outside
the annual budget process will be discouraged. New initiatives will be funded by
reallocating existing City resources to services with the highest priorities.
D.Fiscal Recommendations. Consistent with the administrative responsibilities outlined
in the Charter, the City Administrator will make fiscal recommendations to the City
Council on all measures necessary to sustain current levels of service and avoid
reductions in City programs, including the consideration by the City Council of new
revenue sources if this is determined to be in the best interest of the community.
E.Budget Policy Updates.The City Council will review and adopt the Fiscal Year Budget
Policies on an as needed basis as determined by the City Administratoror as
circumstances require.
F.AnnualFive-Year Forecast.The City Council will review and approve the Five-Year
Forecastas needed.The forecast is an estimate of future revenues and expenses intended
to serve asan estimate anda guideline for making sound financial decisions in the
current fiscal year and budget preparation. The Five-Year Forecast and the Budget
Policies together will constitute the City’s annual Financial Plan.
G.Policy Direction. Consistent with the role outlined in the Woodburn City Charter, the
City Council is responsible for providing policy direction to determine the City’s overall
financial health.In response to the fiscal recommendations made by the City
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Administrator, the City Council shall consider all measures necessary to sustain current
levels of service. In addition, the City may avoid reductions in City programs by
considering new revenue sources if this is determined to be in the best interest of the
community.
H.Budget. Under the Woodburn City Charter, the City Administrator serves as
Woodburn’s Budget Officer. The Finance Director assists the City Administrator with
preparation and presentation of the annual budget, budget administration and the day-to-
day finance operations. The Budget Officer is responsible for the administration of the
annual budget and may approve or disapprove the expenditures contained in the adopted
budget if deemed in the best financial interest of the City.
I.Budget Administration. As authorized by the City Charter, the City Administrator is
responsible for taking actions necessary to keep expenditures within anticipated
revenues, including initiating layoffs, reorganizations, downsizing, program reductions
and adjustments to service levels. The City Administrator will keep the City Council
informed as to any steps taken to reduce expenditures, and whenever possible, the
Council will review the decisions and consider options during a mid-year budget review.
SECTION 2. DISCRETIONARY & DEDICATED RESOURCES
A.Recognizing Financial Limits. Woodburn will make a distinction between two different
types of services; 1) those funded primarily from City discretionary resources, and 2)
those funded primarily from dedicated resources.
B.Discretionary Resources.The General Fund collects resources to provide discretionary
programs and services as recommended by the Budget Officer and approved as part of
the City’s cycle.The City will continue to fund these programs primarily from General
Fund discretionary resources. These include police, park and recreation, economic
development, land use, financial services and other programs.
C.Dedicated Resources.Dedicated resources are normally subject to restrictions via state
and federal law, grant agreements and contracts, City policy and ordinances. City
services funded primarily through dedicated funds include such items as speed and safety
belt enforcement, grant funded transportation, utility services, etc.
SECTION 3. GENERAL FUNDBUDGET(DISCRETIONARY)
A.Annual Budget Goal.The goal shall be to prepare a budget that maintains existing high
priority programs supported by the General Fund while at the same time seek savings and
alternative revenue sources wherever possible. Funding for lower priority programs will
be reduced or eliminated to ensure that expenditures remain in balance with resources.
B.General Fund Emphasis. The highest priority shall be to conserve General Fund
discretionary resources to fund high priority programs as defined by the City Council and
City Administrator.
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C.Maximize City Council’s Discretion.Wherever legally possible, revenues are to be
treated as discretionary resources, rather than as dedicated to a particular program or
service. The goal is to givethe City Council flexibility in allocating resources to local
priorities.
D.New Revenues. In order to sustain current levels of service, avoid reductions in public
safety programs or increase services needed to meet community demands, the City
Council may consider new discretionary revenues if it is determined to be in the best
interest of the community.
E.Use of Dedicated Funding Sources. Whenever legally possible, funding responsibility
for existing programs or activities should be transferred to appropriate dedicated funding
sources, freeing up scarce discretionary resources to fund City Council priorities.
F.Cost Efficiency.Staff will prepare fiscally conservative budgets and will seek savings
wherever a balance between cost efficiency and the quality of public service can be
achieved.
G.Materials & Services. Departments are to prepare “base budgets” with a goal of holding
General Fund or other discretionary resources for materials and services expenditures to
no more than prior yearbudget levels.
H.No General Fund Street Maintenance Support. No discretionary General Fund
revenues will be used to support street maintenance activities.General Fund street
lighting transfers are exempted from this policy.
I.Revenue Estimates. Departments should budget for revenues based on the best
information available during the annual process. If additional information becomes
available during the budget process, it should be provided to the Finance Director’s
Office. Accuracy in revenue/expenditure estimates iscritical. Subsequent annual
estimates should also take into consideration the actual receipts from the previous year.
J.Pursuit of New Departmental Revenues. Departments shall pursue revenue sources to
the fullest extent possible forall services as well as total cost identification (including
indirect costs) for fee setting purposes, grants or other funding opportunities. Any new
revenue sources should be used to offset the cost of existing staff and programs, rather
than funding new staff or programs. Fee schedules will be reviewed annually to ensure
costs are recovered. Fee schedules will be updated as part of the annual budget process.
K.Expenditure Reductions. Reductions in revenues may require expenditure reductions
from the “base budget” level. If reductions are required, the City Administrator will be
guided by the City Council’s adopted Resource Reduction Strategy (See Section 19).
L.New Discretionary Programs. New discretionary programs, deemed a high priority
activity, may be included in the Proposed Budget with the prior approval by the City
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Administrator.If programs are added/expanded, an evaluation will be made on the
impact to supporting services (e.g. information, finance, facilities, human resource,
budget, etc.).Any increases in overhead services attributed to additional programs shall
be included in the analysis of the total cost of new programs.
Should outside funding for a program expire, the program may be terminated by the City
Administrator or the City Council.
M.Full Cost Recovery
.City staff shall make every effort to assign costs where they occur
through the use of interdepartmental/interfund charges and indirect cost percentage
assignments. The intent is to clearly define the actual cost of each direct service the City
provides internally or externally. The first priority is the recovery of overhead costs from
all funds and grant programs.
N.Annual Budget Savings.To the extent General Fund supported departments experience
savings during the year (due to position vacancies, etc.) that money shall be designated
first to meeting the established contingency and reserve levels. Should the contingency an
reserve levels be met, any remaining savings may be allocated towards the PERS Reserve
and/or one time projects as determined by the City Administrator.
SECTION 4. NON-GENERAL FUND / UTILITY BUDGETS(DEDICATED)
A.Bottom-Line Emphasis.For activities or programs funded primarily from non-General
Fund sources, departments are to prepare “base budgets” with a goal of holding any
General Fund contribution to no more than the amount provided in the current fiscal year,
subject to the availability of funds. Whenever possible, reductions in General Fund
contributions should be achieved.
B.No Backfilling. General Fund discretionary dollars will not be used to backfill any loss
in water and/or sewer City utility revenue, state-shared or federal revenues, grants or
dedicated funding programs (for further information, see the Resource Reduction
Strategy).
C.Revenue Estimates. Departments should budget for revenues based on the best
information available at the time the budgets are prepared. If additional information
becomes available during the budget process, it shall be provided to the Finance
Department. New revenues should be estimated based on available information the first
year. Subsequent annual estimates should also take into consideration actual receipts
from the previous year.
D.Overhead Cost Allocation Charges. All non-General Fund departments should budget
the amount allocated to that department.
E.Cost Efficiency. As with the General Fund, staff responsible for non-General Fund
budgets will prepare fiscally conservative budgets and will seek savings wherever a
balance between cost efficiency and the quality of public service can be achieved.
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F.Utility Revenue Allocations. It is the policy of the City of Woodburn that revenue
generated by City owned utilities will first be used to meet operational expenses, and
subsequently fund capital projects in a manner consistent with Woodburn’s Capital
improvement plans and operating requirements.
G.Utility Rates.The City will maintain utility rates at a level thatensuresthat all debt
service, operating and capital costs, are adequately recovered and debt covenant
requirements are met.Capital costs identified in the approved capital improvement plan
will be used as the basis for forming the capital costs recovery portion of utility rates.
H.System Development Charges.As permissible under state law, the City will pursue the
recovery of infrastructure-related development cost relating to water, sewer, street, storm
and parks. These costs will be delineated via a defensible methodology, which will be
revisedfrom time to time to ensure accuracy.
SECTION 5. FUND RESERVES &CONTINGENCIES
A.PERS Side Account Savings. In 2019, the City Council goal of establishing a PERS side
account was achieved with a City contribution of $2,823,043, which received a PERS
match. The City will continue to add resources to the City’s PERS Fund as resources
allow, but will direct any PERS savings to help maintain current service levels. It is the
overall goal of the City to continue to increase the balance in the City’s PERS Reserve
Fund in order to make future Side Account contributions.
B.General Fund Contingency. Consistent with Government Finance Officers Association
(GFOA) best practices, at least 20percent of the General Fund’s operating appropriation
shall be placed into the operating contingency to meet cash flow needs, with a long-term
goal of increasing the reserve to 25 percent as year-end savings occur. In addition, it is
the goal of the City to preserve the contingency balance to the greatest extent possible.
No new General Fund program or service will be created that diminishes the General
Fund Contingency below established minimum levels.
C.Contingency Replenishment.If contingency funds are expended, an effort will be made
to reduce expenses to retain a minimum of 20 percent General Fund contingency.
D.Shortfall Management Reserve (SMR). The SMR is intended to subsidize future
shortfalls estimated in the Five-Year Forecast. If SMR funds are expended, an effort will
be made to replenish funds as savings are identified in the annual budget process.
E.Water & Sewer Fund Contingencies.The Water and Sewer Funds will maintain annual
contingencies of not less than 5%.
F.Equipment Replacement. This fund is for the replacement of vehicles and equipment.
The goal is for City departments to transfer one-tenth the value of its fixed asset
inventory every year as budget allows to ensure future replacement funding is available.
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Replacement fund transfers may be limited or delayed in order to preserve operational
budgets.
SECTION 6. GRANT APPLICATIONS(ALL FUNDS)
A.Approval to Pursue
.The City Administrator’s approval is necessary before any
employee pursues lobbying efforts on matters having budget implications, and before
grant applications are submitted to the granting agency. Department Heads should advise
the City Administrator before official positions are taken on matters that might have
budget implications.
B.General Fund Matching Funds. Upon approval by the City Administrator, matching
fund requirements will be presented to the City Council for final approval.
SECTION 7. NEW POSITIONS, PROGRAMSAND OVERTIME(ALL FUNDS)
A.Base Budget & New Positions.Departments are to prepare “base budgets” with no new
regular positions unless specifically authorized by the City Administrator in advance of
budget preparations. Reorganizations of departments or programs resulting in changes in
staffing or positions may be considered if the change is cost neutral or a cost savings
from the current costs. No position compensation or increase will be provided beyond
amounts budgeted for the position without prior approval from the City Administrator.
B.Considerations of New Positions/Programs.Unless otherwise authorized by the City
Administrator, consideration of new programs and positions will occur only if the cost of
the position or program is offset by non-General Fund sources legally tied to the new
position or if the cost of the position is offset by new external revenues, reductions within
existing funds and/or the position is required to generate those revenues.Cost estimates
for new positions will include office facility space, equipment, rent, utilities, supplies,
related increases in overhead services, etc.
Additional personnel or programs shall be requested only after service needs have been
thoroughly documented or after it is substantiated that the new employees will result in
increased revenue or enhanced operating efficiencies.
C.Annual Overtime Budgets.Departments will anticipate their annual overtime costs to be
included inthe proposed budget.Once the budget is adopted, overtime costs are to be
managed within adopted levels. No overtime costs can exceed budgeted levels without
first obtaining the authorizationof the City Administrator.
SECTION 8. MID-YEAR BUDGET REDUCTIONS
A.Revised Revenue or Expense Estimates. If additional information concerning revenue
reductions or significant expense increases becomes available after the start of the fiscal
year, it may be necessary to make budget adjustments. These adjustments will be made in
accordance with the City Council’s adopted Resource Reduction Strategy.
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SECTION 9. MID-YEAR REQUESTS, CONTINGENCY(ALL FUNDS)
A.Non-Emergency Requests. In those cases where a department is required to absorb an
unanticipated cost beyond its control of a non-emergency nature, departmental resources
must first be exhausted prior to a transfer from General Fund contingencies. Upon
conducting a final financial review of departmental budgets towards the end of the year, a
transfer from contingency will be presented to the City Council through a budget
resolution or supplemental budget.
B.Emergency Requests.Emergency requests during the fiscal year will be submitted to the
City Administrator for recommendation and forwarded to the City Council for
consideration.
SECTION 10.COMPENSATION & BENEFITS (ALL FUNDS)
A.Wage Policy.Historically, the biggest factors forcing budget growth are increases in
employee compensation and increased benefit costs. The City will have a compensation
and benefit program that: 1) reflects the value of work performed by our employees, 2)
compares favorably with the compensation and benefits paid for similar work in both the
private and public sectors, and 3); considers the community’s ability to pay. Both our
employees and the public must understand the mutual respect that such a policy warrants.
B.Health Care & PERS Costs. Continue the City’s policy on wage increases which
evaluate the cost of health insurance and PERS contributions as part of the total
compensation package. It is the goal of the City to reduce annual escalations of health
insurance, and other benefit costs by getting the employees to bear an equitable portion of
the annual premium increases and/or selecting lower cost benefit programs.
C.Cost of Living Adjustments (COLA).The City Administrator will make a
recommendation either to include, or not include, a COLA for non-represented
employees in the Proposed Budget. COLAs included in the Proposed Budget are
considered and approved by the Budget Committee and City Council as part of the
budget process. COLAs or other compensation provided for in collective bargaining
agreements will be provided for in the annual Proposed Budget.
D.Step Adjustments. Budgeted personnel services expenditures will include an amount to
account for annual step adjustments for all employees who are not currently at the top of
their range. Annual employee step adjustments will not exceed 5% without the expressed
permission of the City Administrator.
SECTION 11.BUDGET CONTROLS
A.Legal Compliance.The City Administrator and Finance Director will continue to review
and control departmental budgets at the appropriation level.
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B.Personnel Services & Benefits. With the exception of overtime pay and temporary help
accounts, which shall be developed by Department Heads with the advice of the Finance
Director and the approval of the City Administrator, personnel services and benefits cost
calculations will be provided by the City Administrator and the Finance Director and will
be used as provided. The City Administrator and the Finance Director will also provide
estimates for insurance and internal service expenses. These amounts will not be altered
by Department Heads.
C.Wages & Benefit Control. Positions not entitled to receive benefits will be managedin a
manner that keeps them below mandatory benefit thresholds (such as PERS, health
insurance, etc.).Positions will only be eligible for benefits if approved by the City
Administrator and/or designated in Job Descriptions. All benefit costs must be anticipated
and included in the annual Budget.
D.One-Time Revenues. One-time revenues will be used only for one-time expenses.
SECTION 12.UNAPPROPRIATED ENDING FUND BALANCES(ALL FUNDS)
A.Limit UnappropriatedEnding Fund Balances. To provide the most budget flexibility
during the year, the City will limit the use of unappropriated ending fund balances to
circumstances where they are required by law. Rather than use unappropriated fund
balances, the goal should be to place any monies not needed for current expenditures in
the relevant funds’ operating contingencies or a City Council approved reserve.
SECTION 13.CAPITAL IMPROVEMENT GUIDELINES
A.Capital Improvement Program.A 6-year Capital improvement Program will be
adopted as part of the annual budget process. It will include all projects anticipated to be
initiated and/or delivered in the 6-year planning period. The Capital Improvement
Program will be consistent with the City’s adopted Capital Improvement Master Plans.
Funding availability will determine the rate at which Capital Improvement Program
projects are initiated or completed.
B.Exceptions. The City will fund dedicated programs and services with dedicated funding
sources. Exceptions may be made, on a case-by-case basis, by the Budget Committee,
City Council or by the City Administrator if appropriate.One criterionwill be whether
the City would incur more costs elsewhere as a result of the reduction.
C.Capital Planning Consideration.Recognizing that it does not necessarily make sense to
fund current operations at the expense of long-term capital or planning programs, every
effort will be made to continue capital and planning programs geared to the City’s long-
term needs.
SECTION 14. DEBT ISSUANCE (ALL FUNDS)
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A.Debt Issuance.The City will issue debt in accordance with adopted Master Debt
Resolutions for Sewer and Water. General Obligation debt will only be issued in
compliance with state statutes. Debt will only be issued (for all fund types) when a
dedicated resource is available to meet the required debt service and reserve.
No debt will be issued without the approval of the City Administrator and authorization
of the City Council.
B.Interfund Transfers
.Interfund transfers are allowed if the City Council determines the
transfer to be in the best interest of the City. All interfund transfers will be managed
consistent with state budget law.
C.Debt Compliance
. On an annual basis the Finance Director and shall ensure that annual
reporting requirements have been met and will review the condition of the corresponding
debt funds to ensure compliance with existing financing agreements.
SECTION 15. DEBT REFINANCING/REFUNDING
A.Debt Refinancing/Refunding. From time to time, the City Council and/or the City
Administrator may direct the Finance Director to determine the feasibility of refinancing/
refunding existing debt. Refinancing may include restructuring to meet unanticipated
revenue expectations, achieve cost savings, mitigate irregular debt service payments,
release reserve funds, or remove unduly restrictive bond covenants.
B.Responsibility.The Finance Director, with the assistance of consultants as needed, shall
have the sole responsibility for conducting the analysis of outstanding bond debt for
refinancing/refunding opportunities that may be presented by underwriting and/or
financial advisory firms and making a recommendation to the City Administrator.
C.Term of Refinancing/Refunding Issues.The City may refund bonds within the term of
the originally issued debt. However, the City may consider maturity extension, when
necessary to achieve a desired outcome, provided that such extension is legally
permissible. The City may also consider shortening the term of the originally issued debt
to realize greater savings. The remaining useful life of the financed facility and the
concept of inter-generational equity should guide this decision.
D.Analysis and Report. The City will evaluate each refinancing/refunding candidate on a
case-by-case basis. When analyzing possible refinancing/refunding opportunities: the
City establishes a guideline net present value savings threshold goal of three percent (3%)
of the refinanced/refunded bond principal amount. The net present value savings will be
net of all related issuance costs. In addition, the Finance Director will make a full report
on the potential saving generated and any financial risk associated with
refinancing/refunding the debt.
SECTION 16.INVESTMENTS
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A.Administration. The Finance Department will be responsible for the administration of
the City’s investments.
B.Compliance.Investment of City funds will be in compliance with applicable sections of
ORS 294, will be limited to cash balances not immediately necessary to fund operations,
and will be limited to eighteen month maturity or less.
C.Objectives. Investment objectives, in priority order, are:
1.Safety: Preserving the principal balance by investing in legally authorized securities
that limit the risk of loss, and reduce custodial risk through the use of a third-party
custodian who will hold securities in the City’s name evidenced by contract and
monthly statements;
2.Liquidity: Investments will remain sufficiently liquid to meet all operating
requirements that may be reasonable anticipated; and
3.Yield: The investments shall be made with the objective of attaining a market rate of
return, which takes into account investment risks and liquidity needs.
D.Authorized Investments. As allowed by ORS 294.035 and 294.810, include:
1.Deposits in insured institutions or credit unions in compliance with ORS;
2.Oregon Short-Term Funds (OSTF)/Local Government Investment Pool (LGIP); and
3.U.S. Treasury and Government Agency Obligations, which are lawfully issued
general obligations of the United States and whose payment is guaranteed by the
United States Government.
E.Investment Management and Reporting.
1.Methods: Except where legally required to hold separate funds, the City will
consolidate cash balances from all funds to maximize investment earnings. Net
investment income will be allocated to the various funds based on generally accepted
accounting principles.
2.Reporting: On a monthly the City Council will receive a report outlining the
investment balances, securities held, maturity dates, and a status of compliance with
the investment policy.
SECTION 17. ANNUAL FINANCIAL AUDITS
A.Annual AuditRequired. The Oregon Municipal Audit Law (ORS 297.405 – 297.555)
requires a financial audit and examination be made of the accounts and financial affairs
of the City at least once a year. Consistent with State law, the City of Woodburn will
conduct an annual independent audit of the preceding fiscal year.
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B.Audit Standards. Woodburn’s annual financial audits will be conducted in accordance
with auditing standards generally accepted in the United States. Those standards require
that an independent auditor plan and perform the audit to obtain reasonable assurance
about whether the basic financial statements are free of material misstatement. The audit
will examine, on a test basis, evidence supporting the amounts and disclosures in the
basic financial statements. The audit will also assess accounting principles used and
significant estimates made by management, as well as evaluating the overall basic
financial statement presentation. The audit will contain an assessment of the City’s
internal financial controls and procedures make any necessary recommendation for
improvement.
C.Finance Director and City Administrator Oversight.It will be the responsibility of the
Finance Director and the City Administrator to oversee the annual audit process.
D.Preparation of Financial Statements. When feasible, City staff will prepare and
provide annual financial statements to the auditor’s satisfaction. If staffing levels or other
barriers exist to internal preparations of financial statements, the City Administrator may
authorize the auditor’s preparation of financial statements for the purposes of completing
the annual audit on time.
E.Audit Deadlines & Extensions.Per Section 17(F), the annual audit will beprovided to
the City Council no later than December 31.Consistent with State law, the annual audit
will also be filed with the Oregon Secretary of State’s Audit Division no later than
December 31. Any and all requests for audit filing or presentation extensions must be
approved by both the City Administrator and the auditor. In the event that an audit filing
extension is requested and/or granted, the City Administrator will inform the City
Council of the reason for the extension request and estimated time line for completing,
presenting and filing the audit.
F.Audit Presentation to Council.The annual audit findings will be presented to the
Woodburn City Council during a regularly scheduled City Council meeting by a
representative of the audit firm. All audits presented to the City Council must be
complete and signed by a representative of the audit firm.
G.Budget Committee Review.A copy of the annual financial report will be provided to the
Woodburn Budget Committee for their review.
SECTION 18.PROGRAMS
A.Discretionary Programs.To the extent discretionary resources are available, high
priority services areas will be slated for growth.Lower priority service areas will receive
constant or decreasing discretionary support. Based on the direction of the City Council,
discretionary programs are identified, and prioritized, as follows:
Police Patrol & Public Safety
Police Support Services
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Financial Services
Legal Services
Land Use Planning
Economic Development
Code Enforcement
General Administration
Library
Aquatic Center
Recreation Programming
Parks and Park/Tree Maintenance
Other General Fund Supported Non-Essential Program & Services
Computer/Network transfers (new and replacements of equipment and servers)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Community Services (i.e. flower baskets, TOT Grants – where permissible, etc.)
Intergovernmental Agreements that provide no direct offsetting revenues
SECTION 19.RESOURCE REDUCTION STRATEGY(ALL FUNDS)
A.Goal & Reduction Approach. When faced with a potential reduction in resources, the
City’s goal is to continue to provide services in a professional, effective and efficient
manner. Consequently, to the extent possible, across-the-board reductions in
expenditures will be avoided.
B.Case-by-Case Consideration. Reductions will be made on a case-by-case basis,
focusing on each individual program or service. If possible, reduction will be made
proportional to the programs and services identified by the City Council.
C.Moderation When Possible. If, as a result of loss of a significant amount of
discretionary resources, expenditure reductions become necessary they will be made in a
moderate case-by-case basis to discretionary supported programs and services.
D.Discretionary Contributions.If further reductions are required, any discretionary
funding that supplements or supports services mostly supported with dedicated resources
will be reduced or eliminated. This may apply to programs or activities expanded or
started with discretionary resources within the last few years. Exceptions may be made on
a case-by-case basis by the City Council.
E.Furlough Days. If personnel budget/salary saving are required, the City may consider a
reduced workweek or furlough days prior to laying off staff.
F.Consideration List. Programs funded by discretionary resources will be reduced or
eliminated as needed. Legal restrictions or the City’s ability to maintain minimal service
levels will be considered.The City Administrator can determine the appropriate level of
consideration at his/her sole discretion when making mid-year reductions or comprising
the annual budget proposal. Based on the direction of the City Council, the order of City
service areas to be considered for reductions are:
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Intergovernmental Agreements that provide no direct offsetting revenues
Community Services (i.e. flower baskets, TOT Grants –where permissible, etc.)
Discretionary Transfers (i.e. Transit, Streets, RSVP, etc.)
Computer/Network transfers (addition or replacement of computers and servers)
Other General Fund Supported Non-Essential Program & Services
Parks and Park/Tree Maintenance
Recreation Programming
Aquatic Center
Library
General Administration
Code Enforcement
Economic Development
Land Use Planning
Legal Services
Financial Services
Police Support Services
Police Patrol & Public Safety
G.Indirect Costs. The City’s overhead programs will not be prioritized, but will be sized to
the need and size of the overall organization. Generally, wherever possible, the City’s
goal is to make fee-supported programs self-sufficient. This includes recovering those
programs’ appropriate share of the City’s overhead costs. If reductions occur, then
indirect costs will be sized to the needs and size of the rest of the organization.
The Transit Fund indirect costs will be per the federally allowed de minimus overhead
rate of 10 percent.
H.Dedicated Funding for Programs. Where legally possible, the City will consider using
dedicated resources to fund high priority programs related to the purpose for which the
dedicated funds are received.
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Agenda Item
March 9, 2020
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Chris Kerr, Community Development Director
SUBJECT:Request for Assistance from the Department of Land Conservation
and Development to HB 2001 and HB 2003 Requirements
RECOMMENDATION:
Authorize the Mayor to sign the attached Request for Assistance (“RFA”) form
requesting financial assistance to the City in order to meet the implementation
requirements HB 2001 and HB 2003.
SUMMARY:
As you are aware, the Oregon legislature recently adopted two House Bills which
seek to provide more affordable housing in the state.The goal is to spur the
construction of missing middle housing. Middle housing in this context includes
duplexes, triplexes, quadplexes, cottage clusters, and townhouses. These are
expected to require significant modifications to the City’s Comprehensive Plan
and Development Ordinance.
The Community Development Department is actively seeking grant money to
assist us with the implementation of this consequential legislation. The
Department of Land Conservation and Developmentis making $4.5 million
available (over the next several years) in assistance to local communities. They
have yet to establishspecific criteria for distribution of money.
As an initial step in the application process, cities are required to complete the
attached RFA. This form requires the signature of the Mayor as part of the
submittal.An RFA is not a formal grant requestand does notinclude any
obligations on the City.It serves to inform the State thatthe City is interested in
receiving financial assistance. Not completing the RFA would likely preclude us
from receiving any of the $4.5 million.
Agenda Item Review:City Administrator __X___City Attorney ___X__Finance __X __
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Honorable Mayor and City Council
March 9, 2020
Page 2
FINANCIAL IMPACT:
The City will ultimately be required to implement the requirements of these two
House Bills. This will require significant staff time and we may incur financial costs
to engage professional consultants. This RFA seeks grant money to off-set those
costs to the greatest extent possible.
ATTACHMENTS:
1.Request for Assistance: Oregon Middle Housing and Housing Needs
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REQUEST FOR ASSISTANCE
OREGON MIDDLE HOUSING & HOUSING NEEDS
House Bill 2001 and House Bill 2003 Implementation
February 4, 2020
The Oregon Department of Land Conservation and Development(DLCD)is accepting requests for
planning assistance from cities and counties to begin to implement HB 2001 (Middle Housing for
Housing Choice) and HB 2003 (Housing Supply).
Background
During the 2019 legislative session, the Legislature appropriated funds to DLCD for the purpose of
providing planning assistance to local governments for the purpose of: 1) assisting local governments
with the development of regulations to allow duplexes and middle housing, as specified in HB 2001;
2) assisting local governments with the development of plans to improve water, sewer, storm
drainage and transportation services in areas where duplexes are other middle housing types may not
be feasible due to service constraints, also specified in HB 2001; and 3) provide planning assistance
to local governments to implement the provisions specified in HB 2003, including housing needs
analyses and housing production strategies. Pending action during the 2020 session of the
Legislature, the department will also offer planning assistance for housing needs analyses in cities
with population of less than 10,000, a “prototype” housing production strategy adopted by a city in
advance of state rulemaking on this subject, and housing implementation plans for cities with
population greater than 10,000.
To provide this assistance, DLCD will offer local governments the option for most of these products
to either 1) use a consultants selected by the state who isexperienced in completing Housing Needs
Analyses (HNAs), housing implementation plans, and development code writing where the consultant
would work for a city to prepare the necessary materials; or 2) select their own consultant to conduct
the necessary work and execute a grant administration contract with DLCD specifying deliverables,
timelines, and payment. All funds must be spent, and local governments must complete the projects
by the end of the biennium - June 30, 2021. Due to the tight statutory timeline for public facilities
planning assistance under HB 2001, local governments are advised to select their own consultants to
conduct the necessary work and execute a contract with the state as to deliverables, timelines, and
payment as funds allow.
Available Services
Cities and counties may request assistance developing one of the following products.
Middle Housing Code Updates. Non-Metro Cities with more than 10,000 residents and cities and
counties over 1,000 residents in the Portland Metropolitan area will, with consultant assistance,
update their development codes to comply with the provisions of HB 2001 regarding middle housing.
Cities with population between 10,000 and 25,000 will have first priority for these grants, because
they must comply with the law by June 30, 2021. However, the department encourages larger cities
and cities and counties within the Portland Metro Area (compliance by June 30, 2022) to indicate
their request for financial assistance now as well, if they are ready to work on developing codes that
comply with the requirements of HB 2001 in the near term.
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February 4, 2020 Requestfor Assistance Oregon HB 2001, HB 2003
Infrastructure-Based Time Extension Requests. Administrative Rules for an Infrastructure-Based
Time Extension Request (IBTER) are expected to be complete by the end of July, 2020. As
established in House Bill 2001, the IBTER application deadline for cities with a population between
10,000 and 25,000 is December 31, 2020. Because those rules are expected to be complete with only
five months before cities outside of the Portland Metro area with population between 10,000 and
25,000 must identify any infrastructure constraints and develop a plan to address the infrastructure
constraints, the department encouragesthose cities begin discussions with public works or preferred
consulting staff now so that a city will be prepared to apply for funding as soon as the commission
adopts rules. Cities with more than 25,000 have until June 30, 2021 to submit the request for
extension. With a balance of code and infrastructure assessment assistance, the department expects to
distribute grants to local governments as soon as possible following adoption of the IBTER rules in
July as legislatively-provided funds allow.
Housing Needs Analysis(HNA).Cities with population greater than 10,000 may, with consultant
assistance, may request funds for assistance to prepare and adopt a HNA. A HNA includes a housing
needs projection addressing housing types and price levels, residential land needs analysis, buildable
lands inventory, and identification of measures for accommodating needed housing as described in
OAR chapter 660, divisions 7 and 8. The purpose of an HNAis to ensure that cities have an available
land supply to accommodate their housing needs over the next 20 years. Pending authorization by the
Legislature, the department willalsooffer planning assistance grants for HNAs to cities with
population under 10,000.
Housing Strategy Implementation Plan. Cities (population greater than 10,000) withHNAsless
than five years old may, with consultant assistance, develop an action plan to implement one or more
of the housing strategies identified in the HNA. A housing strategy may include changes to zoning,
programs to manage short-term or vacation rentals, incentives for affordable housing, SDC waivers,
or other regulatory or non-regulatory tools.
Prototype Housing Production Strategy. Cities with population greater than 10,000 will be
required, within a year of adoption of a housing needs analysis, to adopt a housing production
strategy. A housing production strategy will outline how a city intends to ensure or incentivize the
actual production of needed housing identified in the adopted HNA. Although rulemaking has begun,
the Land Conservation and Development Commission has not yet adopted rules regarding such
strategies. However, the department invites cities to apply for funding to work with DLCD staff,
consultant assistanceand a local advisory committee, to create a prototype housing production
strategy that can help staff and the Commission in its future formulation of rules for this work.
Eligibility
All cities throughout the state and the three counties within the Portland Metro urban growth
boundary are eligible to submit a Request for Assistance. However, an individual jurisdiction is not
eligible for every type of assistance. The department has determined that jurisdictions are eligible for
each type of planning assistance as follows:
Cities above 10,000 population: All types of assistance
Cities below 10,000 population Housing Needs Analysis only
Counties in the Portland Metro Area Middle Housing Code Updates and IBTERs
Application and Next Steps
Complete and sign one-page application (on following page). Applications will be accepted through
March 13, 2020.
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February 4, 2020 Requestfor Assistance Oregon HB 2001, HB 2003
By signing below, the local government demonstrates community support as required by
ORS 284.753(5) – signature by an elected official authorized to act on behalf of the governing
body.
___________________________________________ __________________________
Signature of local governing body representative Date
___________________________________________
Title
Submittal
Please submit this Request for Assistance by March 13, 2020 to DLCD by email to the following
address: DLCD.GFGrant@state.or.us.
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City of Woodburn Requests For Assistance
The City of Woodburn is requesting financial assistance from the Department of Land Conservation and
Development (DLCD) to meet the requirements under HB 2001 and HB 2003. Two direct grants (rather than
using a DLCD provided consultant) are requested to allow the City to hire our own consultants to complete
tasks as required.
The City is eligible for and interested in assistance in completing two specific “products” being offered by
DLCD at this time.
1. Middle Housing Code Update: As with most other cities in Oregon, Woodburn’s Comprehensive Plan
and Development Ordinance (zoning code) do not allow for the middle housing types which are
required under HB 2001 in single-family zoning districts. The majority of the City’s population live in
single-family districts and the majority of land is zoned for single-family residential. Therefore,
implementing the new requirements will be particularly challenging as they represent a fundamental
shift in how the community lives and how the City is developed in the future. It will require a
significant amount of outreach and input from the community prior to adoption. While DLCD’s model
code will certainly provide a solid base for the City to utilize, having community-specific amendments
to the plan and code will ensure that they can be accepted and implemented. For these reasons, the
consultant that is chosen will need to have a proven record of success in engaging the community on
controversial planning projects.
The consultant selected by the City will be expected to provide an audit of our existing codes to
identify all regulatory barriers to the implementation of the required middle housing types. They will
then be tasked with involving key stakeholders and the public at large with a variety of alternatives
– using specific sites and real world examples – for input. They will then be responsible for drafting
the edits necessary to the City’s plan and code, conducting public hearings and preparing adopting
Ordinances that meet the requirements of HB 2001 consistent with the community’s values.
2.Infrastructure-Based Time Extension Requests (IBTER):The City will require the technical services of
a professional consultant in order the complete the IBTER that we expect to file with DLCD. Based
on recent updates that the City made to its Transportation Systems Plan, Water Master Plan, as well
as updates to our System Development Charges, it is apparent that there are areas of the City with
significant infrastructure deficiencies necessitating the request.
The City is qualified to apply for these grants as a City with a population over 25,000 with an acknowledged
Housing Needs Analysis less than five years old. If selected, it is understood that the City will enter into a
memorandum of understanding outlining the roles and responsibilities of the consultant, DLCD and the City.
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Agenda Item
March 9, 2020
To: Honorable Mayor and City Council through City Administrator
From:Chris Kerr,AICP,Community Development Director
Jamie Johnk, Economic Development Director
Subject:Call-Up Briefing: Public Arts and Mural CommitteeApproval of the
PIX Theatre (461 N First Street) and Dahlia Park (333 N. First Street)
Murals
RECOMMENDATION:
Staff recommends noactionand briefs the Council on this item pursuant to
Public Arts and Mural Ordinance 2555Section 9.C.The Council may call up this
item for review if desired and, by majority vote, initiate a review of this decision.
BACKGROUND:
The Public Arts and Mural Committeeheld twopublic hearings on February 19,
2020and unanimously approved Application PAMC 2019.02 for the mural at the
former PIX Theatre site located at 461 N. First Street and PAMC 2019.03 for the
mural at Dahlia Park located at 333 N. First Street as presented by staff.
The Public Arts and Mural Committee has identified opportunities to install public
art in locations that would support the committee’s mission of facilitating the
creation, placement and funding of public art projects that inspire and delight
the visitors and community members of Woodburn.
There was no testimony made at the hearingand both murals were approved
by the committee unanimously. Attached are the minutes from the Public
Hearing and images of the approved murals.
FINANCIAL IMPACT:
The Urban Renewal Agency allocated $100,000 of Urban Renewal funds to the
public arts program in the 2019-20FY.The total cost of the murals is $35,000
($25,000 and $10,000 respectively).
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PAMC 2019.02
MURAL AT THE FORMER PIX THEATER SITE – 461 N. FIRST STREET
View looking south from Front Street
PAMC 2019.03
DAHLIA PARK MURAL – 333 N. FIRST STREET
Illustrative rendering on south facing wall
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OODBURN P UBLIC A RTS AND M URALS C OMMITTEE
W
M INUTES FROM THE F EBRUARY 19, 2020P UBLIC H EARING
Roll Call: Sharon Schaub-Chair, Colleen Vancil-Vice Chair, Mary Beth Cornwell, Merri Berlin, Christine
Lopez, Sharon Corning, Judy Massaia
Absent: Brenda Valentino-Bravo
Staff: McKenzie Granum, Jamie Johnk, Curtis Stultz
Public Hearing was called to order at 5:30 p.m.
Business from the Public (not on the Agenda): None
Communications: None
Public Hearing:
o PAMC 2019.02: To discuss the mural application for the former PIX Theatre site located at 461 N.
First Street.
Merri made a motion to approve the mural application as presented; Colleen seconded. Motion
passed 7-0.
o PAMC 2019.03: To discuss the mural application for Dahlia Park located at 333 N. First Street.
Merri made a motion to approve the mural application with the recommendation to also install a “no
alcohol” sign in the space; Judy seconded. Motion passed 7-0.
Other Discussion Items: None
Public Hearing Adjourned: Sharon C. made a motion to adjourn the Public Hearing at 5:36 p.m.; Mary
Beth seconded. Motion passed.
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Agenda Item
March 9, 2020
To: Honorable Mayor and City Council through City Administrator
From:Chris Kerr,Community Development Director
Colin Cortes, AICP,CNU-A, Senior Planner
Subject:Call-Up Briefing: Planning Commission Approval of Design Review
thth
and Variance Applications for 5Street Apartments at 1220 5 St (DR
2019-04 & VAR 2019-03)
RECOMMENDATION:
Staff recommends noactionand briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO)Section 4.02.02.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 February27, 2020and
unanimously approved the Design Reviewand Variance (Type III) with the
conditions recommended by staff through the staff report published February 20
–except that the Commission struck recommended Condition V-RS1g(iii) about
parking demand management, specifically the unbundling of parking rent from
total rent.
One party testified in opposition to the proposal: Margarita Vazquez of 1129 N.
3rd Street, which abuts the rearof the subject property, whose concerns
included backyard privacy and fear that on-site recycling and trash cans would
bring rodents to her property.
The proposal is aboutsite redevelopment of 0.67 acres through demolition of a
vacant church into a building of 10 apartments. The building is a three-story
walk-up, conventional for new construction. Related improvements including
required half-street improvements, a parking area of 20 stalls (2 per apartment),
a communal open-sir shelterwith nearby bench, preservation of the two
evergreen Significant Trees as part of the main outdoor common area, and
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through easement(s) and a deeper southwest side setback reservation of the
Yew Street corridor –a long-range future extension of Yew Street northwest from
N. 3rd Street to 5th Street per Transportation System Plan (TSP) Figure 6 (2019).
The subject property is in the Medium Density Residential (RM) zoning district.
Site plan (Sheet SDR3)
Qbhf!3!pg!4!
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Landscape plan (Sheet L1.1)
Qbhf!4!pg!4!
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Agenda Item
March 9, 2020
To: Honorable Mayor and City Council through City Administrator
From:Chris Kerr,Community Development Director
Colin Cortes, AICP,CNU-A, Senior Planner
Subject:Call-Up Briefing: Planning Commission Approval of Conditional Use,
Design Review,Street Exception, and Phasing Plan Applications for
Woodburn High School at 1785 N. Front St (CU 2019-07, DR 2019-13,
EXCP 2019-07, & PP 2019-03)
RECOMMENDATION:
Staff recommends noactionand briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO) Section 4.02.02.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 February 27, 2020and
unanimously approved the ConditionalUse, Design Review, Street Exception,
and Phasing Plan(Type III) with the conditions recommended by staff through
the staff report published February20.
No parties testified in opposition to the proposal.The proposal,which the
Woodburn School District 103 refers to as "Career & Technical Education (CTE)”,
is about partial site redevelopment including amain building
addition/expansion at the north, removal of a few existing modular buildings,
addition of a north outbuilding, adding a driveway on Hazelnut Drive aligned
with Graystone Drive, and partial upgrades of the east front visitor and rear staff
parking areadrive aisles with striped walkway crossings and shade trees.The
addition/expansion is in place of the demolished remains of a portion of the
main building destroyed by fire accidentally set by students on May 11, 2012.
Street Exception& Phasing
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The project comeswith a Street Exception approval to not upgrade the N. Front
Street frontage to present standards and a Phasing Plan approval for a project
of Phases 1 & 2 –including to defer to Phase 2 all frontage/public/street
improvements that remain required. The application materials indicated that
Phase 2 would be as late as 2027, and there is no condition requiring that the
applicant construct Phase 2, construct the public improvements, or pay a fee in-
lieu.
Mill Creek Greenway
The conditions include obtaining a public access easement 20 feet wide
minimum along the Mill Creek Greenway Trail corridor, butdo not include
construction of bicycle/pedestrian trail improvements based on the Mill Creek
Greenway Master Plan or payment of a fee in-lieu.
The subject property is in the Public and Semi-Public (P/SP) zoning district.
Qbhf!3!pg!4!
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Above: Site plan colored by staff; Below: Outbuilding perspective view: Northeast corner facing Hazelnut Drive
Qbhf!4!pg!4!
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